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HomeMy WebLinkAbout1988-07-19; City Council; Minutes- T- a 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: 3uly 19, 1988 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers I CALL TO ORDER: I Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows, with Council Member tarson abstaining on Item 115 : WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (92) 1. AB 89538 - APPROVAL OF 37TH SUPPLEMENT ESTABLISHING (45) THE ENCINA ADMINISTRATIVE AGENCY. Council adopted RESOLUTION NO. 88-247, approving the 37th supplement to the basic agreement of the Encina Joint Powers replacing Leucadia County Water District with the Encina Administrative Agency as the Administrator and Operator of the Encina Water Pollution Control Facility. (81) 2. AB 89539 - ACCEPTANCE OF DONATION. Council accepted a donation of $2,850 from Southwest Bank in support of the 1988 Carlsbad Triathlon. (7 0; 3. AB 89540 - ACCEPTANCE OF GRANT FUNDS. I Council accepted grant funds of $700 from the Southern California Tennis Association to help augment the Youth Tennis Day Camp Program 3uly 25 - 29, 1988. (74) 4. AB 119541 - APPROVAL OF TRANSFER OF FUNDS TO PAY MINIMUM PREMIUM TAXES UNDER CONTRACT WITH NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY. Council adopted RESOLUTION NO. 88-248, transferring funds from the contingency fund to the tax account in the Personnel Department to pay for the tax assessment from the City's minimum premium health plan. 67/0 COUNCIL /\k % %$ ? MEMBERS % $b% Lewis X Larson X Mamaux X Pettine xx Kulchin X I I ' - a * July 19, 1988 MINUTES Page 2 -. CONSENT CALENDAR: (Continued) (26) 5. AB 119542 - AWARD OF CONTRACT FOR CONSTRUCTION OF (45) PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT - PROJECT NO. 3151. Council adopted RESOLUTION NO. 88-222, authorizing issuance of bonds, approving bond indenture and official statement for a special assessment district: and adopted RESOLUTION NO. 88-223, making award for sale of bonds, and providing for the estasblishment of a redemption fund; and adopted RESOLUTION NO. 88-249, accepting certain right-of-way interests necessary for the Palomar Airport Road West Assessment District project; and adopted RESOLUTION NO. 88-250, awarding the contract for the construction of certain public works of improvement in a special assesment district. (74) 6. A5 1j9543 - REQUEST TO UP-GRADE POSITIONS IN ENGINEERING. Council adopted RESOLUTION NO. 88-251, approving the upgrading of two Construction Inspector positions in the Engineering Department. (97) 7. A5 89549 - APPROVAL OF CONSULTANT AGREEMENT AND (45) AUTHORIZATION TO APPLY FOR STATE BOATING AND WATERWAYS FUNDING. Council adopted RESOLUTION NO. 88-253, formally requesting the State of California Department of Boating and Waterways investigate potential solutions to provide permanent protection to Carlsbad Boulevard and assist in project funding and approve a consultant agreement to prepare a project feasibility study with Woodward-Clyde. PUBLIC COMMENT: Muriel Roston, 2075 Playa Road, representing the Arts Commission, addressed Council, inviting everyone to view the maquettes for the art work to be installed at Stagecoach Park, which are on display at the Branch Library. Mike McNabb, 5016 Carlsbad Boulevard, representing SDG&E, gave a brief recap of the recent sand replacement project, stating it was completed below the original cost estimate. Inez Yoder, 7738 Madrilena, spoke on the S.O.S. initiative, stating an updated map was not yet available and the General Plan map was offered by the City in lieu of the open space map. Dennis Meehan, 3981 Gloria Lane, encouraged Council to let the people speak on the S.O.S. initiative by placing it on the ballot. 207 7 COUNCIL \\k 5 559 4 L6 A 3 MEMBERS % %% Larson )i 0 a MINUTES (102) (102) (114) (48) 3ul-y 19 9 1988 \\b 5 Page 3 COUNCIL ?$ %$ 3 MEMBERS % $% PUBLIC UUMMtNI: (Continued) Mr, Meehan stated the City of Carlsbad had turned off the water for a family with three school-aged children and a terminally ill man, and he felt there should be some mechanism to prevent this type of thing. He suggested a committee to re-define the policy of the City on water shutoffs. Mr. Meehan read from a letter he sent to Dan Hammer asking for a public debate on the issues in Carlsbad, with the Senior Citizens to act as host and moderator. ORDINANCES FOR ADOPTION: 8. AB 1/9534 - PRIMA FACIE SPEED LIMIT ON PORTION OF TAMARACK AVENUE. Council adopted the fol.lowing Ordinance: xx Kulchin X Lewis OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF Mamaux X SECTION 10.44.300 TO ESTABLISH THE SPEED LIMIT ON TAMARACK AVENUE FROM EL CAMINO REAL TO HARWICH DRIVE. X Larson ORDINANCE NO. NS-25, AMENDING TITLE 10, CHAPTER 10.44 X Pettine 9. A6 j.9535 - PRIMA FACIA SPEED LIMIT ON PORTION OF HILLSIDE DRIVE. Council adopted the following Ordinance: xx Kulchin X Lewis OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF Mamaux X SECTION 10.44.290 TO ESTABLISH THE SPEED LIMIT ON HILLSIDE DRIVE FROM PARK DRIVE TO NEBLINA DRIVE. X Larson IO. AB #9528 - AMENDMENT TO ZONING ORDINANCE TO ORDINANCE NO. NS-26, AMENDING TITLE IO, CHAPTER 10.44 X Pettine ESTABLISH SETBACK STANDARDS FOR GARAGES, CARPORTS AND STORAGE CABINETS IN THE RESIDENTIAL MOBILE HOME PARK ZONES - (RMHP) - ZCA 88-3. Council adopted the following Ordinance: xx Kulchin X Lewis SECTION 21.37.100, OF THE CARLSBAD MUNICIPAL CQDE BY THE Mamaux X AMENDMENT OF SECTION 21.37.100 (7) TO ESTABLISH SETBACK THE RMHP ZONE. STANDARDS FOR GARAGES, CARPORTS AND STORAGE CABINETS IN X Larson HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:15 p.m.. and re-convened at 6:54 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB 119544 - CITIZEN REQUEST REGARDING GROWTH ORDINANCE NO. NS-24, AMENDING TITLE 21, CHAPTER 21.37, X Pettine INITIATIVE ON NOVEMBER BALLOT. Peter Navarro, 2236 Place Street Tropez, Del Mar, a member of Citizens for Limited Growth, spoke in support of the two initiatives to be on the ballot; the Quality of Life Initiative on the City of San Diego ballot and Rural Preservation and Traffic Control on the County of San Diego ballot. 208 0 e MINUTES (96) (48) (48) July 19, 1988 \\b 5 Page 4 COUNCIL % %% 3 MEMBERS % $% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Navarro stated what happens in the County of San Diego and City of San Diego affects Carlsbad, and he asked Council to support these two initiatives. Lance Burris, 1660 Hotel Circle North, Suite 620, San Diego, representing Chevron Land and Development Company, asked Council not to endorse these initiatives until the alternatives have been heard from the City of San Diego and the County. Mr. Burris said these initiatives attack jobs and will have a serious effect. They would increase commuting and he felt a regional solution was needed. Heidi Bunkowske, 517 F Avenue, representing the Coalition for a Balanced Environment, asked Council not to make a decision on these initiatives until they have information on all growth measures proposed. The San Diego Council and Board of Supervisors are working to develop growth management plans and should be finished by mid-August . Council directed staff to gather all available information on this item and distribute that informatiol to Council Members. 12. AB 89545 - CITY OF CARLSBAD TRAFFIC SIGNAL EVALUATION POLICY. City Engineer Lloyd Hubbs introduced this item, stating this was the first of a series of tools to help staff and Council. Bob Johnson, Traffic Engineer, continued the report explaining the Traffic Signal Evaluation Policy and the procedure for the ranking of requests for traffic signals. Council a.dopted the following Resolution: Lewis x Kulchi n xx TRAFFIC SIGNAL EVALUATION POLICY. Mamaux x larson X RESOLUTION NO. 88-252, APPROVING IMPLEMENTATION OF THE X Pet ti ne By consensus, Council agreed to consider Items 13 and 14 together. 13. AB 89550 - CITY COUNCIL OPEN SPACE SUBCOMMITTEE FINAL REPORT AND RECOMMENDATIONS - COUNCIL MEMBERS LARSON AND PETTINE. 14. AB 89533 - INITIATIVE PETITION - SAVE OPEN SPACE. Council Member Pettine reported that the Subcommittee thought they were close to an agreement with S.O.S.. However, they were informed Monday evening that the tentative agreement was not acceptable to S.O.S.. Jo3 a 0 MINUTES 3uly 19, 1988 \\y s% Page 5 COUNCIL % %%%\ MEMBERS Z. tP Z. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council Member Pettine continued, stating there have now been more communications from the S.O.S. indicatinc their willingness to continue talking. He said he had no objection to continuing this item one more week, if the representatives of S.O.S. felt this was beneficial. If S.O.S. representatives felt this would not be productive, then the Subcommittee was prepared to make their recommendation. Council. Member Larson stated the latest S.O.S. proposal was received via the telehone. Therefore, he would concur with a one-week continuance. James Swab, 3640 Adams Street, spokesperson for S.O.S., presented a written copy of the latest proposal of S.O.S. to Council Members, and detailed the contents of same. Mr. Swab requested Council take a positive action on the modified proposal this evening. Anne Mauch, 6741 Oleander Way, stated that S.O.S. was willing to have Council file the initiative if they would agree to the S.O.S. proposal. In answer to whether they were willing to continue this item one more week, Mrs. Mauch stated they went over this with Council Member Pettine on July 4th and wanted to safeguard Council's concerns and remain faithful to the initiative. Mrs. Mauch stated it had been difficult to find a time to meet with the Council Members and she felt that would happen again in extending this one week. BeLinda Blacketer, 1174 South Coast Highway, Laguna, stated she hoped the compromise submitted by S.O.S. would be accepted. Ms. Blacketer assured Council that S.O.S. was dealing with them in good faith to avoid expensive litigation on both sides. She saw no problem with discussing this matter for one more week. In answer to Council query regarding her idea of an informal moratorium, Ms. Blacketer said staff would check requests as they come through, and if the land is shown as open space, that would go to the citizens committee to decide how the City would deal with that open space. She continued, stating a legal moratorium requires ordinances. The informal moratorium is an element of trust S.O.S. is placing in the City that there would be no conversion of open space. City Attorney Vincent Biondo confirmed the workability of the informal moratorium as explained by Ms. Blacketer. Job 0 0 MINUTES 3uly 19, 1988 \\\ 5 Page 6 COUNCIL ?&y$~t MEMBERS z. 8 Z. DEPARTMENTAL -. AND CITY MANAGER REPORTS: (Continued) Homer Hupf, 3341 Cadencia Street, representing S.O.S., requested Council take action on the modified plan. Joan jackson, 1120 Chinquapin, said the initiative process is a precious right and it is a responsibility of the officials to make certain the process is not abused. Ms. Jackson stressed the S.O.S. group trusted Council and looked forward to working with them. Dennis Meehan, 3981 Gloria Lane, reiterated his earlier comments that Council should be fighting to keep integrity--as this group chose to take their petition to the streets and wrote the rules of the game. He felt the initiative should be left on the ballot and let the people speak. He felt this group did not come forward in good faith as they did not meet with the Planning Commission and Council publicly, and Council should not spend their time and efforts negotiating with them. Council Member Pettine expressed the opinion that he would like to see this matter continued one week. Mr. Pettine stated he wanted to assure Council that neither Member of the Council Subcommittee committed the City to an agreement. All discussions were in the form of a tentative agreement. Mayor Lewis stated he wanted the map to reflect the Growth Managment Plan. He asked whether S.O.S. would be satisfied if Council agreed with the conceptual idea of what was proposed and this be continued one week to 6:OO p.m. next Tuesday at Stagecoach Park. Council Member Larson agreed with continuing the discussions one week, but said he could not agree in concept because people's interpretation of "concept" differed . Council Member Kulchin stated she wanted a definite date for the meeting. RECESS : Mayor Lewis declared a Recess at 8:11 p.m., and Council re-convened at 8:23 p.m. 9 with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) It was announced that the Subcommittee will meet with S.O.S. on Wednesday, 3uly 20, 1988, at 6:OO p.m. in the Conference Room. Items 13 and 14 were continued one week with direction Lewis X to staff to add the proposal from S.O.S., dated July Kulchi n X 19, 3988, to the Agenda Bill. Pettine xx Mamaux X Larson X 205 0 0 MINUTES (55) July 19, 1988 \\i 5 Page 7 COUNCIL % ?$,%? MEMBERS Z. 8 .;t DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 15. AB f9546 - RECYCLING PROGRAM FEASIBILITY STUDY. Ralph Anderson, Utilities/Maintenance Director, gave th: staff report detailing the contents of the Agenda Rill, using slides and transparencies to indicate the charts and exhibits contained in the packet. Coy Smith, 5555 Overland Avenue, San Diego, representing the County of San Diego as Recycling Coordinator, spoke on the trash disposal crisis in San Diego County, adding that recycling is the first step toward solving the problem. He also spoke on the curbside pickup program. Mr. Smith stated his hope that Council would approve the voluntary recycling program outlined in the Agenda Bill. City Attorney Vincent Riondo asked Mr. Smith whether the County is doing any of the things listed in the Agenda Bill and Mr. Smith stated the County's program started as of 3uly 1, with funding just now available. Mr. Biondo related his recent experience before the Board of Supervisors on the trash-to-energy plant matter where they had told him the City should not come back before the County until they have a mandatory separatior ordinance; yet this proposal is more than the County is doing with regard to recycling . Mr. Smith agreed the County would consider this program as excellent cooperation by the City of Carlsbad. Ramona Finnila, 4615 Trieste Drive, emphasized that education of the community was paramount to the success of this type of program. She also recommended detailed reports be kept on the composition for each area. Ms. Finnila stated the recycling should not injure the efforts of groups already doing that, such as elementary schools and Boy Scouts. Edward Boersma, 5960 El Camino Real, representing Coast Waste Managment, spoke in favor of the recommendations contained in the Agenda Bill. Mr. Boersma stated Council could direct staff to enter into a recycling program on its own or to direct staff to negotiate an agreement to perform recycling with Coast Waste Ma na geme nt . Council approved a voluntary recycling program for the City of Carlsbad which would include: a. A voluntary curbside, mixed or commingled recyclables collection program with weekly collection for all single family residences and small multi- residential (2-4 units) development. A 30% participation rate is recommended. Lewis Kulchin Pettine Mamaux Larson ~ 1 X !i ~ 1; ~ X X do4 I Ill . a e MINUTES July 19, 1988 Page 8 (30) (37) DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) b. Operation of drop-off and buy-back centers. c. Operation of a recycling program for commercial and large multi-residential developments. 2. Council directed staff to: (1) negotiate an agreement to perform the recycling program with Coast Waste Management; (2) prepare a report for Council consideration which examines the impact and equity of the several alternative financing mechanisms; (3) prepare anti-scavenging ordinances for Council consideration; and Council endorsed the County Recycling Plan; authorized staff to work with County staff to assist in plan implementation and authorize staff to apply for funds from the County recycling incentive program to partially offset the cost of the Carlsbad recycling program. 16. AB {I9547 - ADOPTION BY REFERENCE OF THE NATIONAL ELECTRICAL CODE (1987 EDITION) WITH MODIFICATIONS. Council titled the Ordinance and directed that the matter be set for public hearing on August 16, 1988: ORDINANCE NO. NS-27, AMENDING TITLE 18, CHAPTER 18.12 AND TO ADOPT BY REFERENCE THE NATIONAL ELECTRICAL CODE (1987 EDITION). 17. AB f9548 - CITY COUNCIL SALARIES. Council introduced the following Ordinance: ORDINANCE NO. NS-28, AMENDING TITLE 2, CHAPTER 2.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.04.010 TO INCREASE THE COYPENSATION OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL. COUNCIL REPORTS: Offshore Oil Drilling Task Force Council Member Mamaux reported on recent developments with the offshore drilling, stating that a resolution would not be necessary as the Southern California drilling probability was postponed, with hearings to be held in 1989. NCTD Council Member Kulchin reported on recent activities. Futtsu Steering Committee Mayor Lewis reminded Council. of the reports he sends to them on the actions of this Committee. 203 COUNCIL \\y 5 % ?$%? MEMBERS Z. t.p Z. Lewis Pettine xx Kulchin X X Larson X Mamaux X Lewis X Kulchin X X Larson X Mamaux xx Pettine C * 0 MINUTES - 3uly 19, 1988 Page 9 COUNCIL REPORTS: (Continued) Mayor Lewis announced that next week's Council Meeting would be held at Stagecoach Park. AD30URNMENT: I By proper motion, the Meeting of 3uly 19, 1988, was adjourned at 9245 p.m., to Thursday, July 21, 1988, at 12:OO noon at the Olympic Hotel in the event a quorum of Council Members was in attendance at the North County Mayors and Managers Meeting. Respectfully submitted, b*/@ZzGLy ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 2 &X Respectfully submitted, b*/@ZzGLy ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 202 1 - COUNCIL /\$J % %' ? MEMBERS % %% I i