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Home My WebLink About1988-06-17; City Council; Minutesn 0 0 MINUTES Meeting of: CITY COUNCIL (Adjourned Regular) Date of Meeting: 3une 17, 1988 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers I CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: I Present: Council Members Lewis, Kulchin, Mamaux and Larson. Council Member Pettine arrived at 6:02 p.m. Absent : None. (48) 1. AB #9485 - OPEN SPACE UPDATE. Mayor Lewis introduced the item, stating he and Council Member Larson had represented the Council with the S.O.S. group and felt the intent of the initiative was good, but there were potential conflicts through the wording and the map attached to the initiative. Council Member Larson stated he wanted to underscore tl word "potential", and concurred with the Mayor, that the problem was not with the intent or purpose of the proposal, but in the drafting of the text and the interpretation of the map accompanying the text, and how this could jeopardize provisions already adopted and in place that do have strength. I Mike Holzmiller continued the report, detailing the materials with the Agenda bill. He emphasized there wa no conflict with the intent and purpose; however, in some of the sections looked at by staff, there was a chance for potential conflicts with the open space provisions of the Growth Management Program. 1 Mr. Holzmiller stated the Conservation Overlay used with the map in the initiative does not reflect all areas preserved in open space in the City and causes conflicts with approved projects. City Attorney Vincent Biondo said the old conservation overlay was written into the initiative and included on their map, becoming a part of the open space zone, which is part of the City's General Plan. This is conceptual, erroneous, outdated, and does not reflect present realities. Mr. Biondo called attention to two asterisks shown on the overlay, one at Bataquitos Lagoon and one in the north portion of the City. This was the City and Count) park plan in 1972, with the City to have one major community park in the north and one in the south, each to be 100 acres. The initiative includes these, even though these were abandoned by San Diego County and Carlsbad by 1974. The community park concept has been adopted by the City, with a park in each quadrant, and the initiative conflicts with the present Parks and Recreation Element. Mr. Holzmiller indicated that there are differences in the open space boundaries as shown on the overlay used in the initiative, and it appears that to change those boundaries would require a 2/3 majority vote of the people. He added that Council was aware of how difficult it is to get a 2/3 majority. I6 2 / I COUNCIL \\B 5 559 0 Ab A 3 MEMBERS % %% 0 0 MINUTES I 3une 17, 1988 \\b 5 ?age 2 COUNCIL % %% 3 MEMBERS % $% Mr. Holzmj-ller stated another area of conflict was in the uses permitted in open space and it was not clear about uses permitted on privately held open space. Under the Growth Management Plan, no density credit is given for open space, and it is not clear which restrictions would apply. Mayor Lewis stated the restrictions are clear now, and with the wording of the initiative they are not. Council Member Larson agreed and added that other people might have confusion with the wording and that could weaken the open space position of the City. He said that with the present policy, the City asks for 15 percent open space over and above the constrained open space area, and under the initiative that additional 15 percent could be lost. Council Member Pettine stated there is a need to refine the S.O.S. wording and use an updated map consistent with the present policies to eliminate ambiguities. Council Member Pettine stated the citizens do not trust the future Councils and want to make the open space provisions specific. The S.O.S. agree with existing policies, but want to make sure they are kept intact . Council Member Mamaux said he saw nothing wrong with existing ordinances, and they could be put on the ballot. He said he would support any initiative that does not conflict with the Growth Management Plan. Council Member Pettine stated there is nothing wrong with the current ordinances, but they can be changed by a vote of three Council Members, and an initiative incorporating all of the ordinances would be the best way to go. .City Attorney Vincent Biondo stated there was another , conflict in Section IO of the S.O.S. initiative, where they intend to limit the people's future ability to adopt initiatives by saying if they adopt this ordinance by a majority vote, it can only be changed or repealed by a 2/3 vote in the future. Mr. Biondo stated Municipal elections are decided by majority votes and the only exemptions are special taxes and bond issues. Section 10 would disenfranchise the majority of the people; is unconstitutional and in violation of the State Election Code. Mr. Biondo said this may have to be reviewed by the Court before the election. Richard Yoder, 7738 Madrilena Way, addressed Council, comparing the City's Growth Management Plan to a fine automobile, indicating that to improve the safety of that Plan by adding to it would help less skillful Councils in the future, especially if they were not motivated to save open space. J(e I I 0 0 . MINUTES 3une 17, 1988 Page 3 Mr. Yoder stated S.O.S. was to save open space, and not to attack the Growth Management Plan or be a substitute for it. The idea was to supplement the Growth Management Plan, and if there are deficiencies in the initiative , those should be remedied. Council Member Pettine asked Mr. Yoder for his comment about the drafting of a measure removing the inconsistencies and ambiguities, and using an updated map. Mr. Yoder stated he personally would support such a measure. Ann Mauch, Oleander Street, addressed Council stating she protested the City's treatment of the initiative, and there had been "disinformation". Ms. Mauch said the initiative merely closes the loopholes, and does not count beaches and lagoons toward the 15 percent open space, as the City does now. Ms. Mauch stated the initiative does not amend the Hillside Ordinance and Growth Management Plan. She stated the composite open space map was not invalid as stated by the City, as the initiative group could choose any map. Courtney Heineman, 2879 Woodridge Circle, stated he was delighted to hear in detail how the S.O.S. initiative was in conflict with the Growth Management Plan. He related how the S.O.S. group tried to get answers from the City, and the group felt the City did not want to discuss the ways the S.O.S. could be integrated with City ordinances. Mr. Heineman stated it seemed the City was not serious about making constructive approaches to the -preservation of open space. 3im Swab, 3640 Adam Street, asked whether there was a possibility of working together for a ballot measure that everyone could support, rather than have Council use its power to keep the initiative off of the ballot. Mr. Swab stated the initiative was supposed to supplement and be in addition to the existing regulations on open space. He stated the citizens are concerned about the environment and the natural resources and sensitive lands and would welcome and consider a map that incorporated the natural resource inventory with an updated open space map. ~ Mike Holzmiller stated that an updated map would include the areas under the Growth Management Plan that were restricted from development, both public and private. The Natural Resource Map is a planning tool similar to the conservation overlay, and shows more areas than are prohibited under the Growth Nanagement Plan for development. He stated they would consider the environmentally constrained areas and the 40 percent slopes that are not developable. Also, the open space areas would be designated as such. ~ I (, n - \\k 5 COUNCIL % ?k9 2 MEMBERS % $% I * * e m MINUTES 3une 17, 1988 Page 4 Iqbal Rashid, a founding member of S.O.S., stated the intent was to save open space and only amended the City laws and maps, and he felt the only difficulty was that the City acted as though the citizens were attacking City Hall. Mayor Lewis stated he would still have to rely on the report of professional staff. He reiterated the intent of the initiative was fine, but he had problems with the wording. He stated he would like to have the present ordinances protected. Marty Orenyak, Director of Community Development, stated staff had conferred with the City Clerk concerning election deadlines, and those could be met. Council directed staff to prepare an updated open space map that would include designated areas of open space, environmentally constrained areas, as well as those areas on the natural resource inventory map that Council deems appropriate, that would be put into the format of an alternative initiative with express provisions in the initiative so as not to make it in conflict with other open space ordinances of the Growth Management Plan, and that staff be directed to provide copies of this alternative to members of S.O.S. for their comment and review and then bring it back to the Cou nci 1. Council agreed that Council Members Pettine and Larson would serve as the subcommittee to meet with S.O.S. representatives. AD30URNMENT: By proper motion, the Adjourned Regular Meeting of June 17, 1988, was adjourned at 7:52 p.m. -Respectfully submitted, L2Ln-L A@* ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk /cs’9 COUNCIL \\b 5 % %a 9 MEMBERS % %% Lewis X Mamaux xx Pettine X Kulchin X X Larson