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Home My WebLink About1988-06-21; City Council; Minutes(81) (107) l97) 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: June 21, 1988 Time of Meeting: 6:OO p.m. COUNCIL y$ %PA "0 $p/ Place of Meeting: City Council Chambers 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: MEMBERS Z. 8 Z Present: Council Members Lewis, Kulchin and Mamaux. Council Members Pettine and Larson arrived at 6:02 p.m. Absent : None. INVOCATION was given by Father Moore of St. Patrick's Church. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: Minutes of the Regular Meeting held June 7, 1988, were Lewis X approved as presented. Kulchi n xx Pettine X Mamaux X Larson X CONSENT CALENDAR: Mayor Lewis announced Item 81 had been withdrawn from the Agenda and he requested Item #6 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, Lewis X with the exception of Items fl and 86, as follows: Kulchin xx Pettine X Larson X Mamaux X WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all .Ordinances and Resolutions at this Meeting. 1. AB %9486 - QUITCLAIM OF DRAINAGE EASEMENT - LOT 165 OF LA COSTA VALLEY UNIT NO. 4. This item was withdrawn from the Agenda. 2. AB 89487 - SUMMARY VACATION OF AN ALLEY SOUTH OF PINE AVENUE BETWEEN HARDING STREET AND MADISON STREET. Council adopted RESOLUTION NO. 88-198, summary vacating an alley south of Pine Avenue between Harding Street and the southerly projection of 3efferson Street. 3. AB W9488 - 1987-88 STREET SLURRY SEAL PROGRAM. Council adopted RESOLUTION NO. 88-199, approving plans and specifications and authorizing the City Clerk to advertise for bids for the 1987-88 streets slurry seal program, contract no. U/M-18. 170 \ % I\: - 0 0 MINUTES (74) (84) (24) (45) (50) (50) (24) (45) 3une 21, 1988 Page 2 CONSENT CALENDAR: (Continued) 4. AB 1,9489 - RECLASSIFICATION OF LIBRARY ASSISTANT I1 IN CIRCULATION SERVICES TO LIBRARY ASSISTANT 111. Council adopted RESOLUTION NO. 88-200, reclassifying the position of Library Assistant I1 I in circulation services to a Library- Assistant 111. I 5. AB f9490 - FUNDING FOR SAND & GREASE SEPARATOR AND HAZARDOUS WASTE STORAGE FACILITY. Council adopted RESOLUTION NO. 88-201, transferring funds for the costs associated with various hazardous waste programs. 6. AB 1,9491 - ANIMAL CONTROL SERVICES. Thi.s item was removed from the Consent Calendar. 7. AB #9492 - REFUND OF FEES. Council approved the refund of $20,555.11 to Sammis Construction for overpayment of fees. 8. AB 89493 - REFUND OF FEES. Council approved the refund of $13,175.29 to Dyna Industries for overpayment of fees. ITEM REMOVED FROM THE CONSENT CALENDAR: 6. AB #9491 - ANIMAL CONTROL SERVICES. Henry Thompson, 330 Chestnut Avenue, addressed Council, reading a prepared statement regarding the contract with the San Diego Animal Control Facility, and asking .that a provision be added to that contract that no animals impounded from Carlsbad will be sold or given for animal research. He also spoke in favor of the Oceanside Humane Society and felt they would provide the most humane treatment of of animals. City Manager Ray Patchett referred to his memorandum dated June 20, concerning the inadvertent omission of the notification provision referenced by Mr. Thompson. Council adopted the following Resolution: RESOLUTION NO. 88-202, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE COUNTY OF SAN DIEGO FOR FISCAL YEAR 1988-89. PUBLIC COMMENT: Mike Lompart, 2025 Chestnut, read a prepared statement (on file with the City Clerk) regarding the drainage problem in front of his property and requested City action to alleviate the problem. /@7 COUNCIL \jb % %% 3 MEMBERS % %% 1 Lewis Mamaux X Pet ti ne xx Kulchin X x Larson X a 0 MINUTES 1 (114) 3une 21, 1988 Page 3 \fk COUNCIL % %' 5 MEMBERS % $% PUBLIC COMMENT: (Continued) Dan Hammer, 4015 Isle Drive, spoke on the process by which Council chose the new Planning Commissioner, stating Council violated their own policies and may have violated State law. Mayor Lewis requested this item be placed on a future Agenda for clarification of Council policies on appointments. Dolores Welty, 2076 Sheridan Road, Leucadia, spoke on the Sammis development, stating she had been trying to determine which documents govern use of land. She stated she has looked at the General Plan, Municipal Code and Growth Management Plan, and has discovered that the Master Plan governs the project. Dennis Meehan, 3981 Gloria Lane, read a statement from the Committee to Sustain Hosp Grove signed by Jim Clauson, stating this committee was formed to give the City flexibility in dealing with the fiscal problems anc reclaim 11 plus acres of swamp and dead or nearly dead trees. He stated they support the efforts of Council to have voters validate the open space plan in the Growth Management Plan. Mr. Meehan stated the S.O.S. initiative in its current form could cripple the Growth Management Plan. Mr. Meehan stated the Committee had decided not to place their Citizens Initiative on the November ballot in order to allow the citizens of Carlsbad to direct their attention to protecting the City from the misguided S.O.S. initiative. I i ORDINANCES FOR ADOPTION: 9. AB 89472 - AMENQMENT TO CARLSBAD ZONING ORDINANCE TO ALLOW CAR WASHES OR AUTO LAUNDRIES WITH A CUP - ZCA 88-1 - CITY OF CARLSBAD. Council adopted the following Ordinance: Kulchin X Lewis xx MUNICIPAL CODE BY AMENDING CHAPTERS 21.42 (CONDITIONAL Mamaux X USES) BY DELETING SECTION 21.42.010(6)(A) WHICH ALLOWS CAR WASHES IN THE INDUSTRIAL ZONE AND BY ADDING X Larson AUTOMOBILE LAUNDRIES OR CAR WASHES AS ADDITIONAL SUBSECTIONS 21.26.015(5) AND 21.28.015(6) ALLOWING ORDINANCE NO. NS-18, AMENDING TITLE 21 OF THE CARLSBAD X Pettine CONDITIONAL USES IN NEIGHBORHOOD COMMERCIAL ((2-1) AND GENERAL COMMERCIAL (C-2) ZONES AND AMENDING SUBSECTION 21.29.050(1) TO ALLOW AUTOMOBILE LAUNDRIES OR CAR WASHES IN CON3UNCTION WITH SERVICE STATIONS AS ADDITIONAL CONDITIONAL USES IN THE COMMERCIAL TOURIST, (C-T) ZONE. /a (114) (114) (29) 0 0 MINUTES llune 21, 1988 Page 4 I\\ COUNCIL % %' % MEMBERS % $% ORDINANCES FOR ADOPTION:. (Continued) IO. AB $19473 - AMENDMENT TO THE ZONING ORDINANCE TO PERMIT MORE THAN ONE SATELLITE ANTENNA PER USE WITH CARLSBAD. A CONDITIONAL USE PERMIT - ZCA 88-2 - CITY OF Council adopted the following Ordinance: xx Kulchi n X Lewis (CONDITIONAL USES) OF THE CARLSBAD MUNICIPAL CODE BY Mamaux X ADDING SECTION 21.42.010(6)(G) AND CHAPTER 21.53 (USES PERMIT. INDUSTRIAL (PM, CM, M) ZONES WITH A CONDITIONAL USE ALLOW MORE THAN ONE SATELLITE ANTENNA PER USE IN THE GENERALLY) BY ADDING SECTION 21.53.130(E)(3)(A) TO X La rso n ORDINANCE NO. NS-19, AMENDING TITLE 21, CHAPTER 21.42. X Pettine 11. AB !I9474 - AMENDMENT TO THE ZONING ORDINANCE TO ELIMINATE THE R-3L, RD-H AND C-LR ZONES - ZCA 88-4. Council adopted the following Ordinance: PUBLIC HEARING: X Larson AND 21.25. X Mama u x MUNICIPAL CODE BY THE REPEAL OF CHAPTERS 21.14, 21.23 xx Kulchin X Lewis ORDINANCE NO. NS-20, AMENDING TITLE 21 OF THE CARLSBAD X Pettine 12. A5 19496 - 1988-89 OPERATING BUDGET. Debbie Nevill.e, Finance Department, gave a history of how the City arrived at the Program Budget. Mayor Lewis opened the Public Hearing at 6:43 p.m., and issued the invitation to speak. Mike Lompart, 2025 Chestnut, questioned the internal control on the transfer of funds by the City Manager. 3udy Haworth-Adams, 133 Bellerive Court, Vista, representing Casa De Amparo, stated she was present to answer any questions Council Members had with regard to Casa De Amparo's request. Mario Monroy, 3610 Carlsbad Boulevard, requested the comments made at the budget meetings in the City be given for the record. He commented it was extremely difficult to comment effectively when the operating budget is considered separately from the capital budget. Since no one else wished to speak on this item, the Public Hearing was closed at 6:46 p.m. City Manager Ray Patchett explained that it was a common practice in local government for the City Manager to authorize the transfer of funds up to $10,000, in order to carry on with the day-to-day operations. f6? 0 0 MINUTES 3une 21, 1988 Page 5 COUNCIL p MEMBERS % PUBLIC HEARING: (Continued) Mr. Elliott stated the City is audited every year and has been since 1952, and at that time the auditor looks at the internal control. So far, the internal controls in place are strong enough to guarantee that the City's funds are safeguarded. Mr. Elliott said the Council received an overview of the two budget meetings held in the City; one in La Costa and. one at the Library. One individual came to the meeting in the south and four came to the meeting in the north. He said the comments made were how difficult it is to understand what the City is doing when the operating and CIP budgets are considered separately. Council referred to the Issue Statements distributed by the Finance Department and took the following actions: Council approved funding for Casa De Amparo in the Lewis amount of $12,080. Kulchi n Pettine Mama u x Larson Council approved funding for YMCA Oz, North Coast, Lewis in the amount of $14,260. Kulchin Pettine Plamaux Larson Council approved funding for the Women's Resource Lewis Center in the amount of $10,750. Kulchin Pettine Mamaux Larson .Council approved funding for the Lifeline Community Lewis Service in the amount of $9,410. Mamaux Petti ne Kulchi n Larson Council Member Pettine stated with the deficit projections, Council may wish to consider requiring the Carlsbad Convention and Visitors Bureau to supply matching funds next year. Council approved funding for the Carlsbad Convention Lewis and Visitors Bureau in the amount of $200,000. Kulch i n Pettine Mamaux Larson Council approved inclusion of funding in the amount of Kulchi n $6,000 in the 1988-89 Operating Budget for the North Lewis Pet ti ne County Food Co-op. Mamaux 166 Larson F *.;t ?&$ X X xx X X X X X xx X X X xx X X X xx X X X X X xx X X X X xx X X 0 0 MINUTES 3une 21, 1988 Page 6 COUNCIL /\q 3 PA A MEMBERS % $5 PUBLIC HEARING: (Continued) Council. approved the inclusion of funding in the amount X Pettine Bang Committee. xx Kulchin of $5,000 in the 1988-89 Operating Budget for the Big X Lewis Mamaux X Larson X Council approved the establishment of a budget in the Lewis X amount of $10,500 in the 1988-89 Operating Budget, for Kulchin xx the Historic Preservation Commission. Pet ti ne X Mamaux X Larson X Council took no action on the funding requests of the Lewis X Carlsbad Band and the Batiquitos Festival of the Arts. Kulchin X Pettine X Mamaux X Larson xx Council discussed various methods for balancing the budget and determined the option favored to bring the budget into balance was the continuation of the hiring freeze. Council directed the City Manager to balance the budget Lewis X by utilizing the Hiring Freeze. Kulchin xx Pettine X Mamaux Larson X Council adopted the following Resolutions: Lewis X Kulchin xx RESOLUTION NO. 88-204, ADOPTING THE FINAL OPERATING X Mamaux BUDGET FOR THE FISCAL YEAR 1988-89 FOR THE CITY OF X Pettine CARLSBAD AND ESTABLISHING CONTROLS ON CHANGES IN .accordance with their previous actions. APPROPRIATIONS FOR THE VARIOUS DEPARTMENT FUNDS: in X Larson RESOLUTION NO. 88-205, ESTABLISHING THE 1988-89 X Lewis APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIIIB OF THE X Larson X Mamaux X Pettine CALIFORNIA STATE CONSTITUTION AND STATE LAW. xx Kulchin RECESS : Mayor Lewis declared a Recess at 8:18 p.m., and Council re-convened at 8:31 p.m., with all Members present. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 8:32 p.m., and re-convened at 9:08 p.m., with all Members present. 165 \ $ - ~ , * 0 MINUTES June 21, 1988 Page 7 (113) DEPARTMENTAL AND CITY MANAGER REPORTS: 13. AB #9476 - GRADING MITIGATION PLAN - AREA C OF SAMMIS PR03ECT - BATIQUITOS LAGOON EDUCATIONAL PARK. Marty Orenyak, Community Development Director, gave the initial staff report as contained in the Agenda Bill. Charles Grimm, Assistant Planning Director, continued the report, using a chart to indicate the details of how the lots are affected by the mitigation plan. Mr. Orenyak stated the Master Plan prohibits structures within 45 feet of the setback, and an inspection revealed barbecues and fences built in the setback of the model homes. He stated the developer was processing Coastal Plan and Master Plan amendments, and that matter would be handled through that process. Cindy Ward, 937 Begonia Court, in answer to Council query, stated the neighbors believed the homes along the bluff would be set back 50 feet and would be single-story homes. She stated that lots 22, 23 and 24 were so low that they did not interfere with the view, and the main problem was with the two-story homes. Mrs. Ward also stated that if heavy landscaping were placed along the edge of the setback and that grew up tall, that would definitely create a view problem. Dolores Welty, 2076 Sheridan Road, Encinitas, presented a petition to Council and showed slides of the Sammis homes while reading from the Master Plan. Mrs. Welty discussed the sewage and the use of pumps, and also the proposed changes to Carlsbad Boulevard by Sammis, and asked Council to consider all phases of this project. W. R. Welty, 2076 Sheridan Road, Encinitas, stated the City's implementation plan is deficient and the Zoning Ordinances are inadequate. He requested the zoning be re-written, reducing the two-story homes to single story along this bluff edge and to specify no structures within 45 feet of the setback. He also asked for a grading reduction in the building pads for a true mitigation of the problem. Inez Yoder, 7738 Madrilena, stated she felt the Sammis project had not worked out as intended and might set a precedent for future developments. She requested the violations by Sammis be corrected and the language be refined with regard to the setbacks. Mrs. Yoder requested this item be continued until all violations could be considered at one time. Council accepted the grading mitigation for area Y" of the Batiquitos Lagoon Education Park (BLEP) as amended by the Planning Commission. I6 Y \\b 5 COUNCIL % %% 4 MEMBERS % $% I i I Lewis x Larson xx Mamaux X Pettine X Kulchin X > e 0 MINUTES (37) (37) (92) (63) (28) (28) 3une 21, 1988 Page 8 DEPARTME.NTAL AND CITY MANAGER REPORTS: (Continued) 14. AB f9478 - CITY COUNCIL GOALS AND OBJECTIVES. Council continued this item to June 28, 1988. 15. AB #)9494 - REVISING CITY COUNCIL PROCEDURES FOR COUNCIL-ORIGINATED AGENDA ITEMS. Council continued this item to June 28, 1988. 16. AB !I9495 - 1988-89 BUDGET ENCINA WATER POLLUTION CONTROL FACILITY. City Engineer Lloyd Hubhs gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 88-203, APPROVING THE 1988-89 ENCINA WATER POLLUTION CONTROL FACILITY BUDGET. 17. AB a9479 - LIBRARY BOARD OF TRUSTEE APPOINTMENT. Council adopted the following Resolution: RESOLUTION NO. 88-191, APPOINTING ROBERT WOOD TO THE CARLSRAD LIBRARY BOARD OF TRUSTEES. 18. AB A9480 - PERSONNEL BOARD APPOINTMENT. Council continued this item to June 28, 1988. 19. AB W9481 - HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE APPOINTMENTS. :Council adopted the following Resolution: RESOLUTION NO. 88-193, APPOINTING ANTHONY PALMESI TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY CONMITTEE. The second appointment, Resolution No. 88-194, was continued to June 28, 1988. ADJOURNMENT: By proper motion, the Meeting of June 21, 1988, was adjourned at 9:50 p.m. Respectfully submitted, a.A!Bk*pc- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk Jb 3 /\iJ %+?A+ COUNCIL /o %.p/ MEMBERS Z. 8 Z. Lewis Kulchin X xx Mamaux x Pettine X X Larson Lewis Kulchin xx Mamaux X Pettine X X Larson X Lewis Kulchin xx Mamaux X Pettine X X Larson X 2 c q I ~