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HomeMy WebLinkAbout1988-08-23; City Council; Minutese * MINUTES Meeting of: CITY COUNCIL (Regular) Date of Meeting: August 23, 1988 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers MEMBERS COUNCIL \ 1- . 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: Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent : None. I I APPROVAL OF MINUTES: (one motion) Minutes of the Adjourned Regular Meeting held August IO, 1988, were approved as presented. Minutes of the Adjourned Regular Meeting held August 11, 1988, were approved as presented. Lewis Kulchi n Pettine Mamaux Larson Pettine Mamaux Larson Minutes of the Regular Meeting held August 16, 1988, Lewis were approved as presented. Kulchi n Petti ne Mamaux La rso n PRESENTATIONS: Mayor Lewis read and presented a Proclamation urging support of the UNITED WAY/CHAD Community Campaign during the week of August 23, 1988, through September 2, 1988. The Proclamation was accepted by Stewart Gary of the Fire Department. Larry Clemens, representing Hillman Properties, stated that the Pacific Rim Country Club and Resort received the Gold Nugget Award for the best Master Planned Community in the Western States at the Pacific Coast Builder's Conference held in May. Mr. Clemens presented the Gold Nugget Award and Plaque to Mayor Lewis in appreciation of the City's efforts. I CONSENT CALENDAR: I I Mayor Lewis announced that Item #3 was withdrawn from the Agenda. Council Member Larson stated he would abstain on Item 1!12. Council affirmed the action of the Consent Calendar, with the exception of Item #3, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. Lewis Kulchin Pettine Mamaux Larson 2 y3 \ y r 5 X X \ h 'z. X X X X X X X X X X X X X I ~ X X X X X (78) (41) (55) (23) (70) (45) (84) (81) (99) e 0 MINUTES August 23, 1988 F Page 2 COUNCIL %' MEMBERS Z I I CONSENT CALENDAR: (Continued) 1. ~ AB $f9600 - TEST PROGRAM FOR PERSONALIZED PATROL VEHICLES ( PPV) . Council adopted RESOLUTION NO. 88-300, authorizing a transfer of $15,000 from the City Council Contingency Account 00 1 -8kO -1990 -2999 into Police Operations Capital Outlay Account 001-820-2120-3900 for vehicle outfitting for four persomlized patrol vehicles. 2. AB #9601 - SETTLEMENT OF LAWSUIT - DAVID BRINGMANN VS. CITY OF CARLSBAD. Council adopted RESOLUTION NO. 88-30 1, approving the settlement and authorizing the expenditure of I funds in the amount of $25,000 for settlement of the lawsuit entitled Eringmnn vs. City of Ca rlsba d o 3. - AB #9602 - COAST WASTE MANAGEMENT TRANSFER STATION PERMIT. I This item was withdrawn from the Agenda. 4. AB $19603 - ACCEPTANCE OF CALIFORNIA ARTS COUNCIL GRANT. Council adopted RESOLTUION NO. 88-303, accepting a $8,962 qrant from the California Arts Council for a rtistsli n-residence; MacFarla ndjwhistler Da nceArt- Company, Dickens Players, Carl Stone and San Diego Symphony. 5. - AB #9604 - APPROVAL OF AMENDMENT TO COASTAL CONSERVANCY AGREEMEW TO FUND CONSTRUCT ION OF BEACH ACCESS STAIRWAYS AT MAPLE AVENUE AND HEMLOCK AVENUE. Council adopted RESOLUTION NO. 88-304, approving an amended agreement with the California Coastal Conservancy for funding for the construction of beach access stairways at bple and Hemlock Avenues. 6. AB if9605 - TRANSFER OF SURPLUS FURNISHINGS. Council adopted RESOLUTION NO. 88-305, declaring office furnishings surplus, and authorizing the transfer of said furnishings to the Regioml Training Center. 7. AB #9606 - ACCEPTANCE OF GRANT DEEDS FOR STREET AND DRAINAGE PURPOSES - PD 158. 7. AB #9606 - ACCEPTANCE OF GRANT DEEDS FOR STREET AND DRAINAGE PURPOSES - PD 158. Council adopted RESOLUTION NO. 88-306, accepting grant deeds from BCE Development, Inc., and Leisure Technology Corpora tion of Ocea nside, for street and draimge easements. 246 \ h p 3 & \ 0 0 MINUTES (59) (45) (84) (84) (113) (45) (26) (45 1 (28) August 23, 1988 Page 3 I CONSENT CALENDAR : (Conti nued) 8. AB 1B607 - TELEPHONE SYSTEM MAINTENANCE. I Council adopted RESOLUTION NO. 88-307, approving an agreement between the City of Carlsbad and ATEL Communications, Inc., of Sa n Diego, to provide telephone system mintemnce and repairs. 9. AB 1,608 - ANNUAL CONTRACT FOR JANITORIAL SUPPLIES. -Council adopted RESOLUTION NO. 88-308, accepting bids and authorizing the execution of purchase orders for the purchase of janitorial supplies. 10. AB 1,9609 - PURCHASE OF PERSONAL COMPUTERS, PRINTERS AND SOFTWARE. Council adopted RESOLUTION NO. 88-309, accepting bids and authorizing the execution of purchase orders for the purchase of computers, printers and software. 11 . AB 1B610 - AMENDED AGREEMENTS FOR ENVIRONMENTAL IMPACT REPORT /MASTER PLAN - EIR 86-2. Council adopted RESOLUTION NO. 88-310, approving amended agreements between the La Costa Ranch Compa ny and the City of Ca rlsba d; a nd, the City of Carlsbad and Sa nchez-Talarico Associates, Inc., for preparation of an environmental impact report for the La Costa Fhster Plan project. 12. AB 1B611 - AGREEMENT WITH CARLTAS COMPANY AND APPROVAL OF CHANGE ORDER NO. 1 FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT - AD 86-1 Council adopted RESOLUTION NO. 88-311, approving an Change Order Number 1 for the Palom r Airport Road West Assessment District, Project No. 3151; and . agreement with the Carlsbad Company and approving adopted RESOLUTION NO. 88-312; ordering changes and modifications in proceedings and assessments in a special assessment district pursuant to the "Municipal Improvement Act of 1913". PUBLIC COMMENT : I Kelly Irving, 1675 Basswood Avenue, addressed Council suggesting a partnership between the Water District and the City. He enumerated severa 1 items wherein joint ventures could be pursued. He stated that the key words for activities concerning water should be coordi M te, cooperate a nd cornmunica te. PUBLIC HEARINGS: I 13. AB 1,612 - HISTORIC LANDMARK DESIGNATION - RAMSAY HOUSE - H-15. I i Mayor Lewis announced this item was continued to the meeting of September 6, 1988. dl Y5 I COUNCIL I\\ % %% $ MEMBERS % $% La rson x i i * e MINUTES (108) August 23, 1988 /\iJ Page 4 COUNCIL % ?i% % MEMBERS % %% PUBLIC HEARINGS: (Continued) 14 . AB 1,9613 - APPEAL - ADMINISTRATIVE VARIANCE FOR A SIX-FOOT FENCE WITHIN A FRONT YARD SETBACK - AV 88- 2 - BERMAN. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. Mayor Lewis declared the Public Hearing open at 6:29 p.m., and issued the invitation to speak. Mr.. Charles Nachand, Nachand and Agnew, 447 South Escondido Boulevard, Escondido, addressed Counci 1 representing the Appellant. Mr. Nachand referred to a wall chart and identified people in the surrounding are2 who were in favor of the fence as it stands. He furthe-. indicated the person who had origimlly opposed the fence had now submitted a letter which was on file with the City Clerk withdrawing their opposition. Mr. Nachand continued, describing the features of the construction, and presented an unsigned letter from the architect concerning the advantages of the fence. For clarification purposes, Mr. Nachand stated that Mr. Berman had not been told that the administrative variance would be rubber-stamped; however, he MQS told that it shouldn't be a problem. He also indicated that it had been a representative from the Building Department, and not the Planning Department, who had said it was a side yard, and that no variance was required. In conclusion, he stated that these were unique circumstances, and requested approval of the variance. Mr. William Schools, 4 374 Stanford Street? addressed Council in favor of the Appella nt . Ms. Crista Reindt, 4367 Stanford Street, addressed Council. She commented on the excellent quality of the fence, and urged Council approval of the variance. Mr. George Smith, 4378 Stanford Street, addressed Council in favor of the Appellant. He stated the neighbors liked the fence. Mr. She1 Bermn, 4375 Stanford Street, Appellant, addressed Council. He gave a history of the variance request, including conversations with various staff members. He also stated the fence construction corrected the problem with the sewer cleanout. He requested approva 1 of the va ria nce. Anne Schobe, 4363 Stanford Street, addressed Council in favor of the Appella nt . Terri Schools, 4374 Stanford Street, addressed Council, stating that she and her husb nd had submitted two letters in favor of the Appellant. dYY a e MINUTES (97) (45) August 23, 1988 Page 5 PUBLIC HEARINGS: (Continued) I Since no one else wished to address Council on this matter, Mayor Lewis closed the Public Hearing at 6:55 p.m. Council discussion related to the orientation of the house on the lot, the appearance of the fence, and whether the current fence location caused any vi sibi li ty problems. Mr. Holzmiller, for clarification, stated that the lots to the South do not have a right to have a six-foot high fence on Stanford, contrary to what had been presented by some of the sped kers. He stated that those lots would require a variance to have a six-foot high fence. Council, with the exception of Council Member Marnaux, indicated that they could mke the findings required to a pprove the va ria nce . Council approved the appeal and granted the administrative variance for a six-foot fence within a frontyard setback -- AV 88-2. Further Council discussion related to the existing City regulations concerning frontyard and sideyard determimtions, and whether those regulations should be cha nged. Frank Mannen, Acting City Mamger, stated that staff would discuss the existing setback regulations on a staff level, and a report forwarded to Council with any changes that are deemed necessary. DEPARTMENTAL AND CITY MANAGER REPORTS. 15. AB 89614 - CONSULTANT AGREEMENT FOR IMPROVEMENTS TO THE INTERSTATE 5 BRIDGES AT PALOMAR AIRPORT ROAD, LA COSTA AVENUE AND POINSETTIA LANE. John Cahill, Municipal Projects Flamger, gave the staff report as contained in the Agenda Bill, with the aid of a slide presentation. COUNCIL /\iJ OAT 0 L@ A ? MEMBERS % $% L ewi s Kulchi n Pettine Mamux La rso n ~ X X X X X Council adopted the following Resolutions: (one Petti ne xx Kulchi n motion) X Lewis X FOR IMPROVEMENTS TO THE INTERSTATE 5 BRIDGES AT PALOMAR Larson X AIRPORT ROAD, LA COSTA AVENUE AND POINSETTIA LANE. RESOLUTION NO. 88-315, APPROVING A CONSULTANT AGREEMENT X M~IIBUX RESOLUTION NO. 88-316, APPROVING A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENTS TO THE PALOMAR AIRPORT ROAD BRIDGE OVERPASS. c2 93 0 0 MINUTES ( \\\ 5 August 23, 1988 Page 6 COUNCIL (39 "0 +@%? > MEMBERS Z. @ Z. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 57) 16. AB /I9599 - CARLTAS COMPANY REQUEST FOR PRIORITY PROCESSING. Council Member Larson stated that he had participated in the discussion on this item the previous week; however, since that time it has come to his attention that this could have an effect on the Carltas Floral Trade Center. Therefore, he indicated that he would abstain on the m tter. hrty Orenyak, Community Development Director, gave the staff report, indicating that a letter had been received today from the Coastal Commission stating that they could priority-process the project if Council action could occur by November 1, 1988. Mr. Orenyak then referred to his memorandum dated August 23, 1988, distributed to Council Members at the meeting, and he detailed the contents of that memora ndum . Mr. Holzmiller, Planning Director, continued with the report, explaining the background of the matter. He explained that the flower fields are not currently under the Williamson Act and could be developed. The proposal is to swap land under the Williamson Act for the area known as the flower fields. Mr. Holzmiller also referenced the list of projects which would be delayed, as listed in the memorandum attached to the Agenda Bill dated August 3, 1988. In response to Council query, the City Attorney stated that the only my to guarantee that the flower field area would rennin as open space would be for the owner -to deed an open space easement to the City. If a General Plan Amendment is processed desigm ting the area as open space, three votes of a future Council ca n accomplish another General Pla n Amendment. It was noted by staff that if the land swap were approved, and the flower fields placed under the Williamson Act, then no development could occur on that land for 15 yearss. Mr. Ron Whitney , representing Herrick Enterprises, 2775 Via De La Valle, 8204, Del Mar, addressed Council. Mr. Whitney indicated they have a restaurant project at the intersection of 1-5 and Poinsettia in process. He requested assurances that the project would not be affected if this priority processing were approved. Mr. Robert Royce, 2936 Roosevelt, representing Ayers Construction, addressed Council. Mr. Royce indicated they had a project in process identified as CUP-88-9. He indicated they were in favor of the concept of providing additional open space, but if the Ayers project would be delayed by processing the Carltas General Plan Amendment, then Ayers Construction also requested priority processi ng . I /)If 4 I I ~ 0 0 MINUTES August 23, 1988 I\\ Page 7 COUNCIL % %' $ MEMBERS % %% DEPART MEN AL AND CIT Y MANAGER REPORTS : (Continued) Ted Blonski, 17065 Bermrdo Drive, San Diego, representing Pacific Coast Hotels, addressed Council. Mr. Blonski stated that his project had been in process For a long time and any delay would create severe firuncial hardship. He stated the hotel was pla nned to open in April , 1990 , and requested that the City not grant priority processin9 to Carltas. Mr. Don Williams, 204 Sea Breeze, Solamr Homeowners Association, addressed Council. Mr. Williams stated that they have several deadlines to meet, which were established by Council. He requested that no action be taken which would delay their processing. Mr. Ray Fuller, CM Engineering, 550 West Vlsta Way, Vista , representing Richard T . Domhue, addressed Council. He gave a history of Mr. Domhue's project, and stated that granting of this request would only perpetuate unfairness. He requested denial of priority processing for Carltas. ~ Mr. Robert L. Hale, 320 Walnut, addressed Council. Mr. Hale stated he is the owner of the Pelican Cove Bed and Breakfast Inn, and is processing an additioml project in the City. He expressed opposition to the Carltas request for priority processing a nd urged Council's denia 1. Mr. Doug Avis, Bieri-Avis , representing La Costa Ranch Company, addressed Council. Mr. Avis indicated he understood this would not affect their project, and he supported the proposal. He questioned the processing of the General Plan Amendment ahead of the approval of the Zone Plan. Mr. Will Hawkinson, 2711 Wheatfield, Simi Valley, .. representing Farmers I nsura nce Group, addressed Counci 1. He stated they do not oppose the plan, but are concerned about what would happen to their project. Richard Domhue, 4964 David Way, San Bernardino, addressed Council. Mr. Domhue stated he had been processing a single family home project since 3a nuary of 1985. He stated that all projects should receive their fair chance, and priority processing should not be gra nted. Mr. Chris Calkins, 4401 Manchester, f206, representing Carltas, addressed Council. Mr. Calkins gave a history of the item, including the Williamson Act legislation. He requested approva 1 of priority processing, stating the Coastal Commission had indicated they would work to get the item on their agenda the first meeting in December if the City acts by November 1, 1988. In response to Council query, Mr. Ca lki ns stated they would not be willing at this time to grant an open space easement to the City on the flower fields. He continued, stating that the ratiomle for granting this request is for the City to have an "opportunity" to preserve the flower fields. 2 Y/ 0 0 MINUTES (97) (45) (102) August 23, 1988 Page 8 I DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Orenyak, in response to the speakers, stated that if the priority processing request were approved, the Herrick Enterprises project would experience minimal delay; Ayers Construction would be delayed; Pacific Coast Hotels project would be delayed; La Costa Downs (Mr. Donahue) would be on hold; Mr. Hale's bed and breakfast project would be on hold and the Farmers Insurance project would be delayed. Mr. Orenyak indicated there would also be delays on minor projects in the Redevelopment area. Council discussion reflected their desire to preserve the flower fields; therefore, Council approved the Carltas request for the processing of a General Plan Amendment application, conditioned upon their withdrawing their tentative map application for the Floral Trade Center, and subject to the other conditions explained in the memorandum from the Community Development Director dated August 23, 1988. RECESS: Mayor Lewis delcared a Recess at 8:34 p.m., and Council re-convened at 8: 40 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 17. AB 59615 - AWARD OF CONTRACT FOR CONSTRUCTION OF MINOR ROAD IMPROVEMENTS AND TRAFFIC SIGNALS AT MELROSE DRIVE AND RANCHO SANTA FE ROAD. 3,ohn Cahill, Municipal Projects Manager, introduced the matter, and Bob Johnson, Traffic Engineer, explained the details of the project. In response to Council -query, Mr. Johnson stated that the City of San Marcos is proceeding with signalizing the La Costa Meadows Drive intersection, but they are providing no guarantee that the signal will remain when the Rancho Santa Fe Road/Melrose Drive intersection is re-aligned. Council adopted the following Resolution: RESOLUTION NO. 88-317, ACCEPTING BIDS, AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF MINOR ROAD IMPROVEMENTS AND TRAFFIC SIGNAL AT MELROSE DRIVE AND RANCHO SANTA FE ROAD, PROJECT NO. 3280. 18. AB /I9616 - 40 MILE PER HOUR PRIMA FACIA SPEED LIMIT - PORTIONOF FARADAY AVENUE. Bob Johnson, Traffic Engineer, gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. NS-33, AMENDING TITLE IO, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.320 TO ESTABLISH THE SPEED LIMIT ON FARADAY AVENUE FROM EL CAMINO REAL TO COLLEGE BOULEVARD. 2, YD COUNCIL \\b 5 3 ?i% ? MEMBERS % %% Lewis X Larson xx Mamaux X Pettine X Kulchin X I Lewis X Larson xx Mamaux X Pet t i ne X Kulchin X Lewis X Larson X Mamaux X Pettine xx Kulchin X (102) (78) (37) a 0 MINUTES August 23, 1988 Page 9 /\\ COUNCIL 3 %' $ MEMBERS % %% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 19. AB 119617 - 35 MILE PER HOUR PRIMA FACIA SPEED LIMIT - PORTION OF PI0 PICO DRIVE. Bob gohnson, Traffic Engineer, gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: xx Kulchin X Lewis OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF Mamaux X SECTION 10.44.310 TO ESTABLISH THE SPEED LIMIT ON PI0 Larson X PICO DRIVE FROM TAMARACK AVENUE TO ELM AVENUE. ORDINANCE NO. NS-34, AMENDING TITLE IO, CHAPTER 10.44 X Pettine 20. AB #9618 - REMOVAL OF ABANDONED VEHICLES FROM HIGHWAYS. Council introduced the following Ordinance: xx Kulchin X Lewis OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF Mamaux X SECTION 10.52.130 TO ALLOW FOR THE REMOVAL OF ABANDONED VEHICLES ON HIGHWAYS. Larson ORDINANCE NO. NS-35, AMENDING TITLE IO, CHAPTER 10.52 X Pettine xl 21 . AB 119619 - FUTTSU GOODWILL DELEGATION Mr. Carman Cedola, Chairman of the Sister City Steering Committee, gave the staff report to Council as contained in the Agenda Bill. He also indicated that the delegation would include eleven civic members who will underwrite their own travel expenses. In response to Council query, he recommended that the Mayor and the City's staff liaison, Grace Manues, be included in the delegation. Council Members Kulchin and Larson agreed that the City delegation comprised of the Mayor and Grace Manues would be sufficient for this trip. Council Member 'Mamaux expressed the opinion that funds should be budgeted for the program, and the Mayor should be allowed to decide who will participate. Mayor Lewis concurred with the comments of Council Member Mamaux. Council Member Pettine stated that his concern was fiscal. He indicated the City is operating under a hiring freeze with reduced income; therefore, he did not think the expenditure was appropriate at this time. It was moved by Counci 1 Member Mamaux that $4,000 be appropriated for the Sister City Program and that the travel program be established by the Mayor. The motion died for lack of a second. Council adopted the following Resolution, modified to Lewis X reflect that the Mayor and one staff person designated Kulchi n xx by the City Manager be authorized to participate in the Pettine delegation, and that $2,500 be appropriated for Mamaux expenses: Larson X RESOLUTION NO. 88-318, APPROVING OUT-OF-STATE BUSINESS TRAVEL FOR FOUR CITY REPRESENTATIVES TO SERVE ON THE 1988. GOODWILL DELEGATION TO FUTTSU, 3APAN, OCTOBER 23-26, 2 ?Q a MINUTES August 23, 1988 Page 10 COUNCIL REPORTS: Mayor Lewis announced his intent to adjourn this Council Meeting to 11 :45 a.m., August 25, 1988, at Pea Soup Andersen's for the presentation of the State of the City address at the Chamber of Commerce luncheon. He also announced that the State of the City address would be presented at the Safety Center at 6:OO p.m., on August 30, 1988. Leaaue of California Cities Administrative Services ~- ~ ~ ~~ Policy Committee - COUNCIL p$ % MEMBERS $ Council Member Mamaux reported on a June meeting and recommendations of the committee. SANDAG Council Member blamaux reported on the status of SB 768. He also indicated that they would be reviewing Supervisor Bilbray's growth control measures on Friday. He read portions of the measure, expressing concern that it has the appearance of being the forerunner to regional government. 3AC - Council Member Mamaux stated that the first meeting under the new administrative process will take place tomorrow. Village Merchants Council Member Kulchin reported on a recent fundraiser for the Carlsbad Community Band. - NCTD Council Member Kulchin reported on the recent meeting. Carlsbad Economic Enhancement Council Mayor Lewis referenced notes he had previously distributed to Council from a recent meeting. Futtsu Steering Committee Mayor Lewis referenced notes previously distributed to Council from a recent meeting. North County Sub-regional Planning Meeting Mayor Lewis referenced the notes he previously distributed to Council from a recent meeting. 2 22 \ 5 8 \ b 'z. * 0 MINUTES COUNCIL /\iJ %PA ’ 2 3 August 23, 1988 Page 11 MEMBERS % $% AD30URNMENT: By proper motion, the Meeting of August 23, 1988, was adjourned at 9:29 p.m., to Thursday, August 25, 1988, at 11:45 a.m., for presentation of the State of the City address at the Chamber of Commerce meeting at Pea Soup Andersen’s. Respectfully submitted, - R e!- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk I I 377