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HomeMy WebLinkAbout1988-11-01; City Council; Minutes.. e e Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: November 1 9 1988 Time of Meeting: 6:OO p.m. 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: " Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent : None. INVOCATION was given by Reverend A. Barry Jones from the Carlsbad Union Church. PLEDGE OF ALLEGIANCE was led by Council Member Pettine. PRESENTATIONS: Mayor Lewis read a Proclamation declaring the week of November 13 - 19, 1988, as CARLSBAD ARTS MEEK '88. The Proclamation was accepted by 3ackie VIrench of the Arts Associates. Mayor Lewis read a Proclamation declaring the week of November 4 - 11, 1988, as "FORGET-ME-NOT" week. The Proclamation was accepted by Allen Monts, Junior Vice Commander of the DAV - Tri-Cities Chapter 95. APPROVAL OF MINUTES: -~ Minutes of the Regular Meeting held October 25, 1988, were approved as presented. CONSENT CALENDAR: Mayor Lewis announced there were requests to speak on Items 83 and #7. Council affirmed the action of the Consent Calendar, with the exception of Items #3 and W7, as follows: NAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (84) 1 . AB 119697 - PURCHASE OF WATER METERS. Council adopted RESOLUTION NO. 88-377, accepting bids and authorizing the execution of purchase orders to Rockwell International and Kent Meters, Inc., for the purchase of various sizes of water meters. (99) 2. AB #9698 - ACCEPTANCE OF GRANT DEED FOR PARK LAND (81) PURPOSES - CARLSBAD TRACT NO. 85-5. Council adopted RESOLUTION NO. 88-378, accepting a grant deed from BCE Development, Inc., for park land purposes in Stagecoach Park. j , Qf? c COUNCIL /\i$ 3 %' ' MEMBERS % %% Lewis Mamaux X Pettine xx Kulchin X X Larson X Lewis Mamaux X Pettine xx Kulchin X X Larson X 0 0 November 1, 1988 MINUTES Page 2 1 CONSENT CALENDAR: (Continued) "" (74) 3, "_". AB !#9699 -. - ADJUSTMENT TO POLICE MANAGEMENT SALARY PLAN. " "__ I I This item was removed from the Consent Calendar. I (92) 4. AB H9700 - REVISED ENCINA WATER POLLUTION CONTROL ______ FACILITY 1988/89 CAPITAL IMPROVEMENT PROGRAM BUDGET a - -__ Council adopted RESOLUTION NO. 88-380, approving the revi.sed 1988-89 E.ncina Water Pollution Control FacLlity Capital Improvement Program Budget. I (60) 5. "___- AB $9701 - RENEWAL OF PROPERTY INSURANCE. Council adopted RESOLUTION NO. 88-381, authorizing renewal of the City's property insurance coverage at a premium deposit of $41,327. (95) 6. AB 19702 - 1987-88 CURB5 GUTTERS AND SIDEWAlKS REPLACEMENT PROGRAF? - CONTRACT U/M 17. Council accepted the 1987-88 Curbs, Gutters and Sidewalks Replacement Program, Contract No. U/M-17, as completed and requested the City Clerk to record the Notice of Completion and release bonds appropriately . "".- 25" " - .- (97) 7. - AB R9703 - 1987-88 STREET OVERLAY AND CHIP SEAL PROGRAM - CONTRACT U/M 16. I This item was removed from the Consent Calendar. (74) 8. AB #I9679 - AMENDING THE CLASSIFICATION PLAN FOR -~ RECREATION SPECIALISmND RECREATION SUPERVIXI. Council adopted RESOLUTION NO. 88-398, amending the Classification Plan of the City to revise the classifications of Recreation Speciallst I and Recreation Supervisor I. (74) 9. - AB 89704 - AUTHORIZING THE ACTING ASSIGNMENT OF A BUILDING INSPECTOR I11 TO PRINCIPAL BUILDING INSPECTOR. Council adopted RESOLUTION NO. 88-382, authorizing the Acting Assignment of a Building Inspector I11 to a Principal Building Inspector. ____I" - (93) IO. - AB #9708 - APPROVAL OF CONSULTANT AGREEMENT FOR (45) DESIGN OFTE VISTA/CARLSBAD INTERCEPTOR SEWER - PROJECT NOTI 82. "_ - " I I Council adopted RESOLUTION NO. 88-383, approving a consultant agreement with Wilson Engineering, Inc.. for the design of the Vista/Carlsbad Interceptor Sewer, Project No. 3182. I JOY - \\p 5 %.pW COUNCIL /o $, 9/ 1 MEMBERS Z. tl, 2. 0 0 MINUTES November 1 1988 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR:: __" -____ ".""""" __ ""_ (74) 3. AB 519699 - AD3USTMENT TO POLICE MANAGEMENT SALARY ____" -. ""_ - - - - . -- - - - - "_ . - .. . PLAN - -." Inez Yoder 7738 Madril.ena. addressed Council sta-ting it was not proper for candidates to solicit endorsement by City employees for electj-on campaigns, therefore, it would be a conflict of interest for Council Members Larson and Kulchin to vote on this item since they had both sought the CPOA endorsement, City Manager Ray Patchett stated this was the Police Management group and it has taken no position regarding Council election. Council adopted the following Resolution: RESOLUTION NO. 88-379. ADOPTING AN ADJUSTMENT TO THE ~___ ".___ MANAGEMENT SALARY PLAN FOR THE POSITIONS OF POLICE CHIEF, POLICE CAPTAIN AND POLICE LIEUTENANT. (97) 7. AB R9703 - 1987-88 STREET OVERLAY AND CHIP SEAL - ." -. PROGRAM - CONTRACT - U/M 16 -~~.~ - " _I" __ - Roy Spangler, 3774 Skyline Road- stated he noticed yesterday that the traffj-c lanes had been striped along El Camino Real.. but the bi.ke lanes had not been done, and he asked whether this was an oversiaht. Ralph Anderson, Utilities/Maintenance Director. stated the stri.ping machine broke down last weekg but has now been repaired, The striping will now resume: i.ncluding the bike lanes. Council accepted the 1987-88 Street Overlay and Chip Seal Program as complete and requested the City Clerk to record the Notice of Completion and release bonds appropriately* PUBLIC COMMENT: There were no requests to address Council during Public Comment. ORDINANCE FOR ADOPTION. (70) 11. I_ AB ",. 159696 - AMENDMENT TO CARLSBAD MUNICIPAL CODE (28) TITLE 2. CHAPTER 2,38. " Council adopted the following Ord_ 1 nance t ORDINANCE NO NS-45, AMENDING TITLE 2, CHAPTER 2.38 OF THE CARLSBrWmIPAL CODE BY THE AMENDMENT OF THE CHAPTER TITLE AND OF SECTIONS 2,38,030? 2.38.020, 2.38.030, 2-38.040. 2-38.050 AND 2.38,06@ TO DELETE THE WORD "CITIZEN" FROM ALL REFERENCES RELATING TO THE CITY OF CARLSBAD'S SENIOR PROGRAM, \3 03 c COUNCIL \\k 5 % %% ? MEMBERS % $% Lewis X Mulchin X xx Mamaux X Pettine X Larson Lewis XI Larson ~ xx Mamaux XI i Pettine X Kulchin X Lewis xx Kulchin X X Mamaux X Pettine X Larson I 0 e MINUTES November 1 9 1988 Page 4 PUBLIC HEARING: (57) (77) (113) 12. AB #9709 - APPEAL OF PLANNING COMMISSION DENIAL OF - LCPA 88-IfGPAfLU 88-2/ZC 88-4fHILLIAMSON CONTRACT AMENDMENT 76-18 - CARLTAS CARLSBAD RANCH. ~ ~ ~. ~~. ~~ ~~ ~. ~ Marty Orenyak, Community Development Director, introduced this item, using a transparency to show the site, and giving a history of the previous actions. Mike Holzmiller, Planning Director, continued the report, summarizing the following items contained in the Agenda Bill: 1. The General Plan Amendment as processed; 2. The proposed amendments to the boundary of the Ag 3. The proposed amendment to the Local Coastal Plan; 4. The existing and proposed zoning; and 5. Conditions in the Negative Declaration. Mr. Holzmiller outlined staff concerns, noting the primary concern was the need to make recommendations without the benefit of a master plan for the project. He also explained the Planning Commission issues and their concern that not enough of the visible flower area was being placed in Open Space. Preserve; Marty Orenyak stated without the time constraints, the applicant would not have appealed the Planning Commission's denial. He would have resolved the issues and resubmitted the plan to the Planning Commission. Time, however, did not allow this process to occur. Therefore, the appl.icant met with staff to try to resolve the major issues. As a result, the applicant has agreed to move the Open Space boundary up the slope 150 feet, which would add an additional 4.8 acres in the Open Space area. Also, though no one can guarantee flowers would be planted on the slope forever, the applicant has consented to a condition and recordation of a document requiring conveyance of this area to the City concurrent with approval of a master plan. In answer to query regarding access to the developable portion, Mr. Holzmiller explained that the applicant had proposed a road from Palomar Airport Road to Future Cannon Road through the area of the future development. There was concern that the road might be put through the flower fields, and a suggestion was made to stipulate that this could not occur. Mayor Lewis opened the Public Hearing at 7:26 p.m., and issued the invitation to speak. Chris Calkins, Manager, Carltas Company, 4401 Manchester Avenue, Encinitas, stated the applicant was asking for a down-zoning and a taking away of all immediate development rights, placing the most visible area of the property under private contractual restrictions that cannot be changed for 15 years and zoned open space. I 30 9, I \\b 5 COUNCIL % %% 5 MEMBERS % $% 0 0 MINUTES \\b 5 November 1, 1988 Page 5 COUNCIL % %' 3 MEMBERS % %% PUBLIC "_ HEARING: (Continued) Mr. Calkins stated the applicant agrees to all the conditions including the additional condition contained in the City Attorney's memorandum dated November 1, 1988, and is aware of all City standards, and is requesting approval. Cindy Mard, 937 Begonia Court, stated she was a fan of the flower fields and she presented photographs of the fields to Council Members. She stated she has reservations about this proposal and feels the view of the flower fields from 1-5 will be lost. Mrs. Hard also had concerns about development in the center of agriculture, since many of the chemicals used in the fields are harmful. Since no one else wished to speak on this matter, the Public Hearing was closed at 7:55 p.m. Council aranted the appeal of the Planning Commission's Lewis X denial of LCPA 88-1IGPAIU.J 88-2/ZC 88-4/Milliamson Kulchin X Contract Amendment 76-16, and adopted the following Pet tine xx Resolutions and introduced the following Ordinance: Mamaux Larson X XI RESOLUTION NO. 88-348, APPROVING A NEGATIVE DECLARATION I FOR AMENDMENTS TO THE LOCAL COASTAL PROGRAM (MELLO I1 SEGMENT), GENERAL PLAN AND AGRICULTURAL PRESERVE FOR ZONING CONSISTENCY FOR PROPERTY LOCATED NORTH OF PALOMAR AIRPORT ROAD, EAST OF PASEO DEL NORTE AND SOUTH i CONTRACT TO ALLOH A 52-ACRE LAND SNAP AND A ZONE CHANGE I OF CANNON ROAD. LCPA 88-1 (MELLO 11) GPA/LU 88-2/ZC 88- 4/AGRICULTURAL PRESERVE CONTRACT AMENDMENT 76-1B. RESOLUTION NO. 88-349, RECOMMENDING APPROVAL OF AN AMENDMENT MELLO I1 SEGMENT OF CARLSBAD'S LOCAL COASTAL PROGRAM TO AMEND LANGUAGE AND GRAPHICS RELATING TO POLICY 2-2. LCPA 88-1. RESOLUTION NO. 88-350, TO APPROVE AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL MEDIUM DENSITY (RM) AND NON-RESIDENTIAL RESERVE (NRR) TO OPEN SPACE (OS) AND NRR ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST OF PASEO DEL NORTE NORTH OF PALOMAR AIRPORT ROAD. GPA/LU 88-2. RESOLUTION NO. 88-351, TO APPROVE AN AMENDMENT TO THE LAND CONSERVATION CONTRACT FOR AGRICULTURAL PERSERVE NO. 76-1. (AGRICULTURAL PRESERVE 76-18) \hith the modification to include the additional condition contained in the memorandum from the City Attorney, dated November 1, 1988. ORDINANCE NO. NS-42, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY XMENDING THE ZONING MAP TO APPROVE A ZONE CHANGE FROM R-A-10,000 AND E-A TO OPEN SPACE (OS), LIMITED CONTROL (LC-Q) AND EXCLUSIVE AGRICULTURE (E-A) AS SHOMN ON EXHIBIT "E" DATED NOVEMBER 1, 1988 3 FOR PROPERTY LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPORT ROAD. ZC 88-4. '2f? 1 (86) (48) 0 e MINUTES \\\ 5 November 1, 1988 Page 6 COUNCIL ?& 9$$7 MEMBERS 2. tp Z. RECESS : Mayor Lewis declared a Recess at 8:OO p.m.. and Council re-convened at 8~10 p.m., with all Members present. DEPARTMENTAL AND CITY MANGER REPORTS: 13. AB #9705 - CITIZEN REQUEST FOR ADMINISTRATIVE AND OPERATIONS CENTER COOPERATIVE PROJECT HITH COSTA REAL MUNICIPAL MATER DISTRICT. Kelly Irving, 1675 Basswood Avenue, addressed Council proposing Council explore the possibility and/or feasibility of a joint maintenance operation center for the water district and the City of Carlsbad. The consenus of Council was to accept Mr. Irvinq's suggestion and have this matter placed before the water committee for their consideration. Council Member Kulchin left the meeting at 8.23 p.m. 14. AB !I9706 - COUNTY AND CITY OF SAN DIEGO GROMTH MANAGEMENT BALLOT MEASURES. Council Member Mamaux recommended filing this item, stating that a Regional Planning and Growth Management Review Board would take away some of the choices of the citizens of Carlsbad. Mayor Lewis stated his concern with the housing caps proposed in the measure, stating that was contrary to Carlsbad's Growth Management Plan. 3im Hagaman, Research/Analysis Director, stated staff did have concern with the Growth Industrial Zoning (to determine a fair allocation of industrial land use for each jurisdiction), as that could adversely affect Carlsbad. City Manager Ray Patchett added that this could have a negative impact on Carlsbad from a job standpoint, if such a Board decided Carlsbad had too much industrial land. Phil Carter commented staff felt there were a number of items in these measures that were not explained fully or how they would be implemented, and staff was not making any recommendation to the Council. Council Member Pettine was in favor of the Regional Planning and Growth Management Review Board, stating there was nothing binding in that measure, as it was merely advisory, and he asked the Council to support that measure. Mayor Lewis stated that the individual Council Members could choose whether or not to support any of the measures. He recommended filing the item, and Council Members Mamaux and Larson concurred. Council filed this item. Lewis xx Pettine Mamaux X Larson X i ?cO .. @ 0 MINUTES November 1, 1988 Page 7 (39) DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 15. AB #9707 - REPORT ON CITY INVESTMENTS. Report from the City Treasurer regarding the City's Investment Portfolio as of October 1, 1988. - COUNCIL REPORTS: SANDAG Council Member Mamaux reported on a meeting of the Board of Directors last week. AD30URNMENTr By proper motion, the Meeting of November 1, 1988, adjourned at 8:50 p.m. Respectfully submitted, &t&uBQ- ALETHA L. RAUTENKRANZ City Clerk &t&uBQ- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 4 GQ was COUNCIL /\JJ o,,pll),z "0 A+% MEMBERS Z. 8 Z.