HomeMy WebLinkAbout1988-07-19; City Council; Minutes- T-
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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
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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.
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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.
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Lewis
X Larson
X Mamaux
X Pettine
xx Kulchin
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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.
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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.
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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..
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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.
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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
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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.
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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.
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- 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
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