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Home My WebLink About1988-03-08; City Council; Minutes- - .. .. 0 e MINUTES (41) Meeting of : CITY COUNCIL (Regular Meeting) Date Time of of Meeting: Meeting: 6:0@ March p.m. 8, 1988 \\p 5 Place of Meetinn: City Council. Chambers COUNCIL "0 $o,l MEMBERS 5 rF Z. %+?Ad CALL TO ORDER: Mayor Pro Tem Kulchin call-ed the Meeting to order at 6200 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council. Members Kulchin, Pettine and Larson i Absent: Mayor Lewis and Council Member Mamaux. PRESENTATION: 3oe Bear, representing United Way, presented a copy of the new ''Directions" handbook prepared by United Way, which has a listing of all the health and human services programs available in the County. He also presented the City with a copy of a brochure entitled "Connections", which was a handy uuide of County and regional offices. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held February 23, 1988, Kulchin X were approved as presented. Pettine xx Larson X Minutes of the Adjourned Reaular meeting held February 25, 1988, were held over for a fuLl Council. Minutes of the Regular Fleetin9 held March 1, 1988, were approved as presented. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, xx Larson X Pettine as follows: X Kulchin Council Member Pettine stated he would abstain on Item 112, due to a possible conflict of interest. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB W9317 - APPROVAL OF SETTLEMENT OF 30HNSTON V. CITY OF CARLSBAD CLAIM. Council adopted RESOLUTION NO. 88-69, approving the settlement and authorizing an expenditure of funds for the lawsuit entitled 3ohnston v. City of Carlsbad. 50 .. (41) (96) (45) (99) (26) (102) 0 a MINUTES March 8, 1988 Page 2 COUNCIL k\i$ %PA /o %.p, CONSENT CALENDAR: (Continued) MEMBERS 5 tp Z. 2. AB #9318 - APPROVAL OF SETTLEMENT OF VAN WEY V. CITY OF CARLSBAD CASE. Council adopted RESOLUTION NO. 88-70, approving the Pettine settlement and authorizing an expenditure of funds x Carlsbad. for the lawsuit entitled Van Wey v. City of 3. AB 89319 - TRAFFIC SIGNAL MAINTENANCE AGREEMENT. Council adopted RESOLUTION NO. 88-71, approving an agreement between the City of Carlsbad and Alexander Traffic Signalsfstreet Lighting for the traffic signal maintenance in the City of Carlsbad. 4. AB #I9320 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CARLSBAD CROSSROADS - PD 282. Council accepted the improvements and authorized the City Clerk to record the Notice of Completion and appropriately release bonds associated with Private Development 282. 5. AB 1I9321 - CYNTHIA LANE ASSESSMENT DISTRICT NO. 86- - 3. Council adopted RESOLUTION NO. 88-72, approving the report of the Superintendent of Streets and authorizing a public hearing on April 5, 1988. PUBLIC COMMENT: 3im Clauson, 2002 Avenue of the Trees, addressed Council on City finances, stating a growing group of business people, supported by senior citizens and participants in community affairs are concerned that the City's only alternative for increasing revenue is another tax. The "Sustain Hosp Grove Committee'' is projecting a ballot issue to enhance and encourage the City in the revenue situation. ORDINANCE FOR ADOPTION: 6. AB #9314 - PEDESTRIAN ACTION PLAN. Council adopted the following Ordinance: xx Pettine X Kulchin ORDINANCE NO. NS-9, AMENDING TITLE 2, CHAPTER 2.28 OF X Larson THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF SECTION 2.28.050 BY THE ADDITION OF PEDESTRIAN SAFETY TO THE DUTIES OF THE TRAFFIC SAFETY COMMISSION. Y 9 7 I. e 0 MINUTES (70) (26) (113) March 8, 1988 \\b 5 Page 3 COUNCIL % T&bX 1 MEMBERS % $% DEPARTMENTAL AND CITY MANAGER REPORTS: Mayor Pro Tem Kulchin announced Items IO, 11 and 12 on the Agenda would be continued to Thursday, March IO, 1988, 6:OO p.m., City Council Chambers. 7. AB 99322 - DRAFT REPORT FOR PRELIMINARY ENGINEERING PHASE OF THE BATIQUITOS LAGOON ENHANCEMENT PR03ECT. John Cahill, Municipal Projects Manager, introduced the matter. Mr. Daniel Haggerty of CH2M Hill used a slide presentation to show the key elements presented in the engineering report. Council Member Pettine inquired about the disparity in the figures for the three alternatives, and Lillian Kawasaki replied the Port of Los Angeles will present this project to its Board on March 23, asking for approval of two things: whether or not to go forward with the project as per the agreement signed November 23 of last year (and she stated with the findings, staff feels the project is feasible); and second, an amendment to the reimbursement agreement with the City of Carlsbad and the Port of Los Angeles. In that amendment, they would agree to fund all environmental work as well as any additional expenses to City staff. Miss Kawasaki further stated the Port of Los Angeles could not make a decision on an alternative until the EIR is completed, since findings in the EIR could impact the alternatives. Council accepted and filed the Draft Preliminary Design Kulchin X Report for the preliminary engineering phase of the Pettine xx Batiquitos Lagoon Enhancement Project. Larson X 8. AB 89323 - CHANGE ORDERS FOR THE COLLEGE BOULEVARD ASSESSMENT DISTRICT PROJECT 3188. John Cahill gave the staff report as contained in the Agenda Bill, stating the project is complete and the dedication ceremonies will be held Friday, March 25, 1988, at 4:OO p.m., and the road will be open to traffic on the following Monday. Council adopted the following Resolution: Kulchin X Pettine X RESOLUTION NO. 88-73, APPROVING PROJECT CHANGE ORDER xx Larson NOS. 7 AND 8 FOR THE COLLEGE BOULEVARD ASSESSMENT DISTRICT, PROJECT NO. 3188. 9. AB f9324 - CITIZEN REQUEST - BATIQUITOS LAGOON SAMMIS PR03ECT. Dolores Welty, 2076 Sheridan Road, Leucadfa, addressed Council regarding the concerns of a group of more than 250 citizens with the way the Sammis project is proceeding. Mrs. Welty referenced specific sections of the Coastal Act, specific Coastal Permit conditions and Master Plan conditions for the project, using slides of the project to depict violations of the conditions. 48 Ir 0 e MINUTES March 8, 1988 COUNCIL k\i$ %PA /o +$ Paae 4 MEMBERS 5 tF + DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) The specific areas of concern were: 1. The visual impact of the project; 2. Lack of a required plan and map for staking and fencing of the sloping bluff areas; 3. Placement of structures, such as spas and patios in the 45-foot bluff-top buffer zone, in spite of conditions restricting structures in those areas; 4. Grading on the bluffs: 5. Required continuous path is merely a drainage 6. Spa drainage pipes installed to drain on the channel; slopes. Mrs. Welty stated the developer should be required to bring the project into conformance with the Master Plan and the City should support the Coastal Commission in requiring the developer to comply with the Coastal Permit and the Coastal Act. Marty Qrenyak, Community Development Director, stated staff would be coming back to Council and the Planning Commission with regard to this project. The development company was informed three or four weeks ago that structures were not permitted in 45-foot setback. These structures are on the model homes, and the developer requested permission to leave them there for selling purposes on lots where they would be legal. The developer has been told that before occupancy, all structures would have to be removed. Mr. Orenyak stated he had met with the Coastal staff and they found no violation of the Coastal Permit. games Swab, 3640 Adams Street, stated City Staff has a heavy work-load and cannot closely monitor the developers. He felt the number of projects should be reduced to allow for quality projects in the City. Mr. Swab stated his concern this project would become a poorly planned, high-density project similar to the Warmington project. He stressed the need to direct attention to the quality of these projects being built, and for the City to take action to indicate to the developers that they will not be allowed to violate the requirements for building in Carlsbad. Mr. Swab called for the removal of the structures in the setback now, and not later when the public believes they could have such structures in their yards. Randall Welty addressed Council, asking who had the authority to make a deal with the developer to leave structures standing in the setback. H7 -. F 0 * MINUTES (28) (48) (48) March 8, 1988 Page 5 /\i$ COUNCIL ?3 ‘9c% g MEMBERS % %% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Marty Orenyak, in answer to Council query, stated a full report would be forwarded to Council through the Planning Commission in approximately 38 days. IO. AB 119325 - APPOINTMENT TO VACANCY ON BEACH EROSION COMMITTEE. This item was continued to March IO, 1988. 11. AB 89313 - SPECIAL MUNICIPAL ELECTION TO INCREASE TRANSIENT OCCUPANCY TAX. This item was continued to March IO, 1988. 12. AB 89326 - TRANSIENT OCCUPANCY TAX INCREASE - SPECIAL TAX FOR GOLF COURSE AND TENNIS FACILITIES. This item was continued to March IO, 1988. COUNCIL REPORTS: North County Landfill Coalition Council Member Pettine reported a meeting will be held March 22, 1988, and he will attend. NCTD Mayor Pro Tem Kulchin reported she had been appointed one of the two North County Representatives to work on the possibility of a commuter line between San Diego and Oceanside. Coastal Regional Beach Erosion Committee Mayor Pro Tem Kulchin reported on a meeting held this morning. Report and Discussion on San Marcos Trash-to-Energy Plant Mayor Pro Tem Kulchin presented a short video on disposal of trash and ash from trash burning plants, as shown on CBS, narrated by Dan Rather. AD30URNMENT: By proper motion, the Meeting of March 8, 1988, was adjourned at 7:04 p.m., to Thursday, March IO, 1988, 6:OO p.m., Council Chambers. Respectfully submitted, &Ld& /Rau;tuktb*a ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk Y (0