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Home My WebLink About1988-08-09; City Council; Minutes(81) (26) (45) (28) (23) (45) 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 9, 1988 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers COUNCIL b MEMBERS \ CALL TO ORDER: I Mayor Lewis call-ed the Meetina to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Lewis, Kulchin, Pettine and Namaux. I Absent: Council Member Larson. I I APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held July 26, 1988, were approved as presented. Minutes of the Adjourned Regular Meeting held 3uly 26, 1988, were approved as presented. Minutes of the Regular Meeting held August 2, 1988, were approved as presented. CONSENT CALENDAR: Mayor Lewis requested Items 112, 1/12 and 1/13 be removed from the Consent Calendar. Lewis Kulchi n Pettine Mamaux Council affirmed the action of the Consent Calendar, with the exception of Items #2, 1/12 and #13, as Lewis Pettine follows: Kulchi n Mamaux \YAIVER OF ORDINANCE TEXT READING:. Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB 89569 - APPROVAL OF CONSULTANT AGREEMENT FOR INSPECTION SERVICES AND ACCEPTANCE OF EASEMENTS FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT - AD 86-1. Council adopted RESOLUTION NO. 88-274, approving a consultant agreement with Willdan Associates for resident inspection services for the Palomar Airport Road Assessment District, Project No. 3151; and RESOLUTION NO. 88-275, accepting easements from the Huntinqton Beach Company for the Palomar Airport Road West Assessment District project. ~ 2. AB 19570 - ORGANIZATIONAL EXCELLENCE COMMITTEE. I I This item was removed from the Consent Calendar. I I 3. AB f9571 - APPROVAL OF AGREEMENT WITH UPLAND INDUSTRIES CORPORATION FOR USE OF PROPERTY TO HOLD A POPS CONCERT. Council adopted RESOLUTION NO. 88-277, recommending approval of agreement between the City of Carlsbad and Upland Industries Corporation for use of their property to hold a Pops concert. A29 I I k$ v* X xx X X X xx X X 0 0 MINUTES (70) (45) (70) (45) (81) (99) (74) (70) (41) August 9, 1988 Page 2 CONSENT CALENDAR: (Continued) 4. AB 119572 - AGREEMENT WITH THE STATE. OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR CONSTRUCTION OF CHERRY AVENUE BEACH ACCESS STAIRWAY. - I Council adopted RESOLUTION NO. 88-278, approvina an agreement between the City of Carlsbad and the State of California Department of Parks and Recreation for the reconstruction of the State’s Cherry Avenue beach access stairway. 5. .AB !I9573 - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO BID - BEACH ACCESS STAIRWAY AT OCEAN STREET - PROJECT NO. 3263. ” Council adopted RESOLUTION NO. 88-279, accepting an amendment from the California State Coastal Conservancy and approving plans and specifications and authorizing the City Clerk to advertise for bids for the construction of a beach access stairway at Ocean Street near Beech Avenue. 6. AB 89574 - ACCEPTANCE OF GRANT DEEDS FOR WATER LINE PURPOSES - CORTE DEL CEDRO - PD 300. Council adopted RESOLUTION NO. 88-280, accepting two grant deeds and subordination agreements from Caliber Industrial One, Limited, for waterline purposes. 7. AB /I9575 - RECLASSIFICATION OF LIBRARY CLERK 11 TO LIBRARY ASSISTANT I AND DELETION OF LIBRARY CLERK SERIES FROM CLASSIFICATION PLAN. 7. AB /I9575 - RECLASSIFICATION OF LIBRARY CLERK 11 TO LIBRARY ASSISTANT I AND DELETION OF LIBRARY CLERK SERIES FROM CLASSIFICATION PLAN. Council adopted RESOLUTION NO. 88-281, reclassifying the position of Library Clerk I1 in Reference to Library Assistant I and deleting Library Clerk I and Library Clerk I1 from the - classification plan. 8. AB /I9576 - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR IMPROVEMENTS TO CHASE FIELD. Council adopted RESOLUTION NO. 88-282, approving plans, specifications and contract documents and authorizing the City Clerk to advertise for construction bids for the Chase Field improvements - Project No. 3723. 9. AB f9577 - APPROVAL OF SETTLEMENT - ROTCHFORD V. CITY OF CARLSBAD. Council adopted RESOLUTION NO. 88-283, approving the settlement of the lawsuit and authorizinq the Citv Attorney to sign the mutual release and waiver agreement on behalf of the City of Carlsbad in the case entitled Patrick M. Rotchford v. City of Carlsbad, et al. 22 8 I COUNCIL /\b % Sdx * MEMBERS % $% i I 0 0 MINUTES (81) (50) (110) (81) (99) (113) (28) (110) (81) (99) (113) August 9, 1988 Page 3 CONSENT CALENDAR: (Continued) 10. AB W9578 - QUITCLAIM OF SLOPE EASEMENT - NOB HILL SUBDIVISION LOTS 2, 3 AND 4. Council adopted RESOLUTION NO. 88-284, quitclaiming easements on Elm Avenue for slope purposes over lots, 2, 3 and 4 of the Nob Hill subdivision to Donald and Pura Noble, Trustees, Fletcher Crusades, Inc., and 3ohn and Rose Toomey. 11. A5 f9579 - REFUND OF FEES. Council approved the refund of $10,057.73 to Elston H. Palmer for overpayment of fees. 12. AB 119580 - INCREASE OF WATER RATE. I This item was removed from the Consent Calendar. 13. AB #9586 - ACCEPTANCE OF GRANT DEED - OPEN SPACE SETBACK EASEMENT ALONG BATIQUITOS &LUFF. This item was removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR: I 2. AB 119570 - ORGANIZATIONAL EXCELLENCE COMMITTEE. Council Member Mamaux commented that the City would be sending two staff members to the Investment in Excellence program facilitator training in Seattle, Washington, August 15 - 19, 1988. These two staff members would then be able to train other staff members I in the City's continuing effort to professionalize their employees. Council adopted the following Resolution: RESOLUTION NO. 88-276, AUTHORIZING TWO STAFF MEMBERS TO TRAVEL TO SEATTLE, WASHINGTON, TO ATTEND THE INVESTMENT IN EXCELLENCE FACILITATOR TRAINING PROGRAM, AUGUST 15 - 19, 1988. 12. AB f9580 - INCREASE OF WATER RATE. Mayor Lewis requested this item be removed from the Consent Calendar to remind everyone that these rates are set by the Board of Directors of Costa Real Municipal Water District, and not the City. Council adopted the following Resolution: RESOLUTION NO. 88-285, REVISING WATER RATES AND CHARGES BY AN INCREASE OF ONE CENT PER ONE HUNDRED CUBIC FEET. 13. AB #9586 - ACCEPTANCE OF GRANT DEED - OPEN SPACE SETBACK EASEMENT ALONG BATIQUITOS BLUFF. Inez Yoder, 7738 Madrilena, stated she approved of this easement, but did not approve of the project. 3?/3 COUNCIL \\k 5 % 94' 3 MEMBERS % $% Lewis xx Mamaux X Pettine X Kulchin X Lewis Kulchi n X Pettine x~ Mamaux X xx I e * MINUTES (48) (99) (113) \\k 5 August 9, 1988 Page 4 COUNCIL % %% 2 MEMBERS % %% Marty Orenyak, Community Development Director, explainec the easement setback, stating staff wanted anyone purchasinu a home there to be aware of the setback requirements along the bluff area, which precluded any structures in that area, including fences. Anyone-moving into houses in that area had to sign a letter that they would participate in the grant easement. Council adopted the following Resolution: Lewis xx Kulchi n X EASEMENT PURPOSES, establishing a 45-foot setback in Mamaux X Phase I of the Batiquitos Lagoon Educational Park Master Plan along Batiquitos Lagoon. PUBLIC COMMENT: There were no requests to address Council. ORDINANCE FOR ADOPTION: RESOLUTION NO. 88-290, ACCEPTING A GRANT DEED FOR X Pettine 14. AB 89567 - TRANSIENT OCCUPANCY TAX INCREASE - SPECIAL TAX FOR GOLF COURSE AND TENNIS FACILITIES. Council adopted the foll.owing Ordinance: Kulchin X Lewis xx THE CARLSBAD MJNICIPAL CODE BY THE ADDITION OF SECTION Mamaux X 3.12.035 TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR A QUALITY REGULATION MUNICIPAL GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES. PUBLIC HEARING: ORDINANCE NO. NS-29, AMENDING TITLE 3, CHAPTER 3.12 OF X Pettine 15. AB !I9581 - ZONE CHANGE - ZC 87-1 AND APPEAL OF TENTATIVE MAP CONDITIONS - CT 87-2 CARLSBAD RANCH - BUSINESS CENTER. Mike Holzmiller, Planning Director, gave a preliminary staff report using a transparency to show the current and proposed zoning in the area. He explained that the applicant had appealed Conditions 23 and 24, but there had been a misunderstanding as to the requirement under these conditions. The intent of staff was to have these apply to the remainder parcel only, and when that was explained to the applicant, he was willing to withdraw the appeal. Mr. Holzmiller read Condition 24, and asked that it be changed to read: "Developer shall enter into a lien contract on the remainder parcel for future improvement of the "A" Street frontage connection described above prior to recordation of final map." Christopher Calkins, representing the applicant, stated that with the clarification, the applicant would withdraw the appeal. dd6 @ 0 MINUTES (57) (99) (113) (45) August 9, 1988 \\\ Page 5 COUNCIL 1 MEMBERS \ ~~ ~ PUBLIC HEARING: (Continued) Mayor Lewis opened the Public Hearing at 6t20 p.m. and issued the invitation to speak. Ray Winter, 1745 Rocky Road, Fullerton, referred to his letter to the Council dated August 9, 1988, and Mayor Lewis stated the topic he discussed in his letter was not on the Agenda this evening. Mr. Winter stated he merely wished to make Council aware of the matter. Since no one else wished to speak on this matter, the Public Hearing was closed at 6:24 p.m. Council approved the following Resolution and introduced the following Ordinance: (one motion) RESOLUTION NO. 88-286, APPROVING THE CONDITIONAL NEGATIVE DECLARATION FOR ZC 87-1 9 CT 87-2 3 HDP 88-2, CARLSBAD RANCH BUSINESS CENTER. ORDINANCE NO. NS-30, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP AS SHOWN ON I EXHIBIT "X" DATED AUGUST 9, 1988, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, NORTE. APPROXIMATELY ONE-QUARTER MILE EAST OF PASEO DEL The City Attorney stated he would return with documents approving CT 87-2 (Carlsbad Ranch Business Center) which would reflect the corrected wording of Condition 24 as recommended by the Planning Director. Lewis Kulchin Pettine Mamaux I DEPARTMENTAL AND CITY MANAGER REPORTS: 16. AB 89588 - INTERIM ORDINANCE AND OPEN SPACE MAP. I I Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a wall chart of the Open Space Map and explaining the components. The map does not show future parks or special use areas, and does not show any of the school sites existing or future. Council adopted the following Ordinance: ORDINANCE NO. NS-31, AN INTERIM ORDINANCE ADOPTED AS AN URGENCY MEASURE ESTABLISHING TEMPORARY LAND USE CONTROLS TO PROTECT OPEN SPACE PENDING CONSIDERATION BY THE CITY COUNCIL OF RECOMMENDATIONS FROM A CITIZENS' COMMITTEE AFTER REVIEW OF THE OPEN SPACE ELEMENT OF THE GENERAL PLAN AND THE CITY'S OTHER REGULATIONS FOR OPEN SPACE LAND. 17. AB $19587 - LETTER OF CREDIT FOR PARK PURPOSES - SAMMIS PROPERTIES, INC. - REVISED PARKS AGREEMENT. Phil Carter, Assistant to the City Manager, gave the staff report as contained in the Agenda Bill, using transparencies to show how the City arrived at this position and the amount of funds necessary to purchase the land. In answer to Council query, Mr. Carter stated the letter of credit was guaranteed by the Bank of America. Lewis Kulchin Pettine Mamaux I - 9q ff 1 I \ & kj ?i X X \ b X X X X i I ~ X X X X I a m August 9, 1988 MINUTES Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council adopted the following Resolutions: RESOLUTION NO. 88-291, ACCEPTING A $975,000 LETTER OF CREDIT FROM SAMMIS PROPERTY, INC. RESOLUTION NO. 88-292, AUTHORIZING THE MAYOR TO EXECUTE A REVISED PARKS AGREEMENT WITH SAMMIS PROPERTIES, INC. (59) 18. AB 89582 - FLEET MANAGEMENT COMPUTER SOFTWARE. (45) Lee Rautenkranz, Information Systems Director, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 88-287, APPROVING A LICENSE AGREEMENT WITH EPM; APPROVING THE PURCHASE OF HARDWARE; AND TRANSFERRING FUNDS in the amount of $42,552 from Vehicle Maintenance unappropriated fund balance into Data Processing Budget. (68) 19. AB 89583 - VOTING DELEGATE - ANNUAL LEAGUE CONFERENCE. Council appointed Mayor Lewis and Council Member Marnaux as voting delegate and alternate to the League of Calilfornia Cities Annual Conference. (69) 20. A6 f9585 - PARKS AND RECREATION COMMISSION APPOINTMENTS. Council adopted the following Resolution: RESOLUTION NO. 88-288, APPOINTING 30HN STRAYER TO THE CARLSBAD PARKS AND RECREATION COMMISSION. Mayor Lewis announced he would have an appointment for Resolution NO. 88-289 next week. (37) 21. AB #9584 - NORTH COUNTY SUB-REGIONAL PLANNING WORKSHOP. Mayor Lewis announced the Council's intent to adjourn to the North County Sub-Regional Planning Group Workshop on August 11, 1988, at 8:OO a.m., at the Public Safety Center. COUNCIL REPORTS: City/School Committee Council Member Mamaux reported on a recent meeting, and stated vol-unteers from the Chamber of Commerce would help with the groundbreaking ceremonies for the Senior Center on September 16. Cordidor 78 I Council Member Mamaux reported on recent discussions of funds for improvements to Highway 78. A2 q I COUNCIL \\iJ 5 % ?k$ 3 MEMBERS % $% Lewis xx Mamaux X Pettine X Kulchin X Lewis X Mamaux xx Pettine X Kulchi n X Lewis X Mamaux x Pettine xx Kulchin X , Lewis X Pettine X Kulchin I xx X Mamaux d) 0 MINUTES (41) August 9, 1988 Page 7 r COUNCIL REPORTS: (Continued) Futtsu Steering Committee Mayor Lewis reported on plans to send members of the Steering Committee to 3apan in October. CITY ATTORNEY COMMENTS: City Attorney Vincent Riondo reported on a Board of Supervisors' meeting today on the trash-to-energy matters. CLOSED SESSION: 22. CLOSED SESSION PENDING LITIGATION. Council adjourned to a Closed Session at 7:15 p.m., to consider initiating litigation pursuant to Government Code Section 54956.9tc). Council re-convened at 7:28 p.m., and Mayor Lewis announced Council was concerned about the County's position and hope they'll take Carlsbad's concerns into consideration, and instructed the City Attorney to continue looking into the matter. AD30URNMENT: By proper motion, the Meeting of August 9, 1988, was adjourned at 7:29 p.m., to Wednesday, August 10, 1988, at 4:OO p.m., for a Carlsbad Economic Enhancement Council meeting at the Chamber of Commerce offices. Respectfully submitted, &%z%48@- ALETHA L. RAUTENMRANZ City Clerk Harriett Babbitt Minutes Clerk 22 3 COUNCIL \\b 5 % 3% 7 MEMBERS % $% Lewis Mamaux X Pettine xx Kulchin X X I 1