HomeMy WebLinkAbout1988-12-13; City Council; Minutesr x. 0 0 MINUT
Meeting of: CITY COUNCIL (Regular)
Date of Meeting: December 13, 1988
Time of Neeting: 6:OO p.m. Place of Meeting: City Council Chambers MEMBERS COUNCIL B % .
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:
t
Present: Council Members Lewis, Kulchin, Pettine,
Mamaux and Larson.
Absent : None.
PRESENTATIONS:
Council Member Kulchin presented a citation from the
San Diego Chapter of the American Society of Landscape
Architects to Mayor Lewis for the Carlsbad Village
Enhancement Program.
Council Member Kulchin presented a Special Recognition
Award to the City from the Boys and Girls Club for the
renovation and enclosure of the Village Branch Swimming
Pool.
APPROVAL OF MINUTES: (one motion)
Minutes of the Regular Meeting held November 15, 1988, Lewis
were approved as presented. Kulchin
Pettine
Minutes of the Adjourned Meeting held November 15, Larson 1988, were approved as presented.
Mamaux
I CONSENT CALENDAR:
Council affirmed the action of the Consent Calendar,
as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting. I (50) 1 . AB 119767 - REFUND OF FEES.
Council approved the refund of $1,250 to Kevin
Kelso for overpayment of fees. 1 (50) 2. AB 89768 - REFUND OF FEES.
I
Lewis
Kulchin
Pettine
Mamaux
Larson
Council approved refunds of $2,100 to A. M. Ortega
Construction, Inc.; $1,475 to Lusardi Construction
Company, and a refund of $1,250 to Ken Chriss for
overpayment of fees .
I I
(50) 3. AB f9769 - REFUND OF OVERPAYMENT - TAMARACK POIMT
(99) VENTURE - CT 84-14.
Council approved a refund of $202,493.74 to
Tamarack Point Venture for overpayment of fees.
3rl
p.%? 8 %.;t
X xx
X
X
X
X xx
X
X
X
0 e MINUTES
(81)
(99)
(74)
(26)
(99)
(99)
December 13, 1988 Page 2
CONSENT CALENDAR: (Continued)
4. AB f9770 - ACCEPTANCE OF GRANT DEED FOR WATER MAIN
PllRPOSES.
Council adopted RESOLUTION NO. 88-424, accepting a
grant deed from 5CS Associates for water main
purposes off of Rutherford Road.
5. AR 89771 - APPROVING THE CLASSIFICATION DESCRIPTION
AND SALARY PLAN FOR ASSISTANT UTILITIES AND
MAINTENANCE DIRECTOR.
Council adopted RESOLUTION NO. 88-425, amending the
classification plan and manaaement salary schedule
of the City to adopt the classification of Assistant
Utilities and Maintenance Director.
6. A5 f9772 - APPROVAL OF CHANGE ORDER NUMBER 3 -
PALOMAR AIRPORT ROAD hEST ASSESSMENT DISTRICT -
PR03ECT NO. 3151. I
Council adopted RESBLUTI@N NO. 88-426, approving
Change Order No. 3 for the Palomar Airport Road
Best Assessment District, Project No. 3151.
7. A5 89773 - ACCEPTANCE OF PUBLIC IMPROVEMENTS -
CARLSBAD PACIFICA - PD 251.
Council accepted the improvements, authorized the
City Clerk to record the Notice of Completion and to
release bonds appropriately.
8. AB 89774 - ACCEPTANCE OF OFFSITE SEWER IMPROVEMENTS
FOR CT 84-35 (THE SUMMIT) PD 279 AND PD 297.
Council accepted the improvements, authorized the
City Clerk to record the Notice of Completion,
release bonds, and directed the Utilities and
Maintenance Department to commence maintaining the
offsite sewer improvements associated with the
subdivision; and
authorized the Finance Director to reimburse the
developer for a portion of sewer improvements per
the Agreement for Provision of Public Facilities
dated August 3, 1987.
PUBLIC COMMENT:
Dennis Meehan, 3781 Gloria Lane, addressed Council
stating his concern with the conflicting requirements tc
disperse and house the migrant workers. He stated
working members of the community should not be
displaced, and although Council did not create the
problem, he stated that he felt Council should
participate in providing leadership to find a solution.
3
Mr. Meehan stated that perhaps alternative types of
housing should be considered, such as barrack-type I
housing. _.
340
COUNCIL \\b 5 39 0 LcF A 3
MEMBERS % %%
e e
(10.2)
(67)
(77)
December 13, 1988
Page 3 COUNCIL /& + %
MEMBERS % <s \ x-
ORDINANCES FOR ADOPTION:
9. AB 119760 - REVISION OF SPEED LIMIT ON PALOMAR
AIRPORT ROAD - CARLSBAD BOULEVARD TO PASEO DEL ~~
NORTE - ~~~ ~ ~~
. - . . . - .
Council adopted the following Ordinance:
ORDINANCE NO. NS-47, AMENDING TITLE 10, CHAPTER 10.44
OF THE CARLSBAD MUNICIPAL CODE BY THE P.EVISION
OF SECTION 10.44.170 TO LOVlER THE SPEED LIMIT ON
PALOMAR AIRPORT ROAD BEThEEN CARLSBAD BOULEVARD AND
PASEO DEL NORTE.
IO. AB f9762 - REGULATION OF OFF-ROAD VEHICLES. ~~~ ~
Council adopted the following Ordinance:
ORDINANCE NO. NS-48, AMENDING TITLE 8, CHAPTER 8.28 OF
THE CARLSBAD MUNICIPAL CODE RELATING TO MOTOR VEHICLES
ON PRIVATE PROPERTY.
PUBLIC HEARING:
11. AB 119775 - ZONE 22 - LOCAL FACILITIES MANAGEMENT
PLAN - CITY OF CARLSBAD LFMP 22.
Phil Carter, Assistant to the City Manager, introduced
this item, giving an overview of the zone plan and
all performance standards and the financing. Brian
Hunter gave the zone background report and Steve 3antz
reported on the circulation and drainage standards.
Brian Hunter discussed the open space requirement and
Phil Carter gave the final overview.
-Mayor Lewis opened the Public Hearing at 6:23 p.m., and
issued the invitation to speak.
Marv Stedman, 5897 Overland Drive, San Diego, Vice
President of Lusk and Eanager of the San Diego
Division, stated their approval and recommended
Council adoption of the zone plan.
Since no one else wished to speak on this matter, the
Public Hearing was closed at 6:24 p.m.
Council adopted the following Resolutions: (one
motion)
RESOLUTION NO. 88-427, APPROVING TYE NEGATIVE
DECLARATION FOR LOCAL FACILITIES MANAGEMENT PLAN 22.
RESOLUTION NO. 88-438, APPROVING A LOCAL FACILITIES
MANAGEMENT PLAN FOR LOCAL FACILITY MANAGEMENT ZONE 22.
Lewis
Kulchin
Pettine
Mamaux
Larson
Lewis
Kulchin
Pettine
Mamaux
Larson
I
~
Lewis
Kulchin
Pettine
Mamaux
Larson
X
X
X
33 7 I II
\ 44 b
X
X
X
X
X
X
X x
X
X
X
X
X
X
X
e 0 MINUTES
(9 7)
(9 9
\\\ 5
December 13, 1988 Page 4 COUNCIL % %% 3 MEMBERS ?& $% "
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB W9776 - PRESENTATION - IMPLUllENTATION OF
PROPOSITION C - SUPERVISOR MacDONALD.
Supervisor MacDonald addressed Council, stating that he was surprised when the only slow-growth measure that
passed at the last election was Proposition C, which
was an advisory measure. He complimented the City of
Carlsbad on their Growth Management Program, and stated
that when the County presents its program for the
unincorporated areas, it will contain elements from
Carlsbad ' s.
Dr. MacDonald stated that Proposition C is to deal with
traffic, growth, air polution, sewage, landfills, etc.;
and is not a vehicle to take away any local control from cities. He said he would not support any plan
that set numbers caps, as he felt that would be
detrimental to the region and to the economy.
Dr. MacDonald said that Proposition C is just a
beginning of discussions and the formation of a Blue
Ribbon Committee. (Council Member Hamaux is Carlsbad's
representative on that Committee.) That Committee's
job is to set up guidelines and report to the Board of
Supervisors in June of 1989. Dr. MacDonald stated that
regional planning is not just a San Diego County issue--
it is being talked about over the entire State of
California.
Dr. MacDonald asked that the City keep an open mind, anc
when the time comes, have its representative on the
Blue Ribbon Committee help in creating an organization
that will be more effective in dealing with traffic
congestion and landfill sites and major regional
problems.
Dr. MacDonald concluded, stating this was an advisory
measure only, and if cities feel that local control
will be taken away, they can opt out.
13. AB {I9777 - REQUEST FROM COUNCIL MEMBER PETTINE -
REGIONAL PLANNING.
Council Member Pettine read from his memorandum dated
November 28, 1988, and detailed the San Diego County
Regional Public Facilities Adequacy Plan - A Tri-Level
Approach atttached to the memorandum. This included
three recommendations: Local 3urisdictions - Primary
Responsibility; Sub-Regional Planning Board and County
Planning Board.
Mayor Lewis suggested Mr. Pettine join Supervisor
MacDonald and him for lunch and discuss this proposal
and then give it to the Blue Ribbon Committee.
Dr. MacDonald said these are the things that the Blue
Ribbon Committee would be discussing, and agreed to meeting with Mayor Lewis and Council Member Pettine.
3.38
e m MINUTES
bd
\\\ 5
December 13, 1988 Page 5 COUNCIL \y+%?f MEMBERS 5 8 5
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Council Member Pettine stated the thrust of the proposar.
is to create a facilities-driven program that maintains
local control. He requested Council to direct staff to
put together an informational package on this proposal for forwarding to the Blue Ribbon Committee for
consideration, so the facilities concepts will get a
fair hearing.
Mayor Lewis stated he felt proposals one and two
should come through Supervisor MacDonald's office for
consideration. He added that he concurred with the
third proposal, as the laws support that, but items one
and two overlapped into other jurisdictions.
Council Member Larson expressed concern that if a
recommendation is too specific, it won't be considered.
He suggested the City say they would like to see a
facilities-driven plan adopted on the local and county
levels. He concurred with Mayor Lewis in support of
item three.
Council Member Mamaux concurred with support for item
three. He said this is a community effort and he will
bring back the issues to Council.
Council Member Mamaux invited Mr. Pettine to come to a
SANDAG Board Meeting and make a presentation to them on
these items.
Council supported the third level of the proposed Lewis xx
Tri-Level Approach (County Planning Board), and Kulchin X
directed Mayor Lewis and Council Member Pettine to meet Pettine X
with Supervisor MacDonald to discuss the first and Mamaux X
second levels (Local 3urisdictions and Sub-Regional Larson X
Planning Board) of the proposed Tri-Level Approach.
Dennis Meehan, 3981 Gloria Lane, commended Council for
their action on this item.
14. A6 89778 - AMENDMENT TO MUNICIPAL CODE REGARDING
POSSESSION OF GLASS CONTAINERS AND OPEN CONTAINERS
OF ALCOHOLIC BEVERAGES ON OR NEAR THE BEACH.
Don 3ackson, 260 Normandy Lane, addressed Council
stating he is a resident of the north beach area and
commended Council for their attention and concern in
that area. Mr. 3ackson suggested the ordinance be
amended to delete the word "open".
Dave Copley, 2335 Rue Des Chateau, representing the
Beach Homeowners Association, stated that broken glass
is a serious problem on the beach. He endorsed the
suggestion made by Mr. Jackson and presented three
photographs to the Council to show the beach area and
the result of one small party.
In answer to Council query, City Attorney Vincent Biondo
stated that in order to make our enforcement effective,
"beach" has been defined to also include the bluff
tops, the parking areas and Ocean Street. If Council
deleted the word "open", it would be illegal for any
residents on Ocean Street to carry any alcohol into
their homes that they had purchased at the store.
113
* e MINUT
December 13, 1988
\\\ h \
'z.
X
X
X
X
X
X
X
X
X
X
\
& k %
X
X
Page 6 MEMBERS couNclL.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mayor Lewis inquired whether a section could be added
that applied only to the sand area of the beach, and
have that apply to any containers. The City Attorney
will check into the possibility.
Council introduced the following Ordinance:
ORDINANCE NO. NS-49, AMENDING TITLE 11, CHAPTER 11.32
OF THE CARLSBAD MUNICIPAL CODE REGARDING POSSESSION OF
GLASS CONTAINERS AND OPEN CONTAINERS OF ALCOHOLIC
BEVERAGES ON OR NEAR THE BEACH PROHIBITED.
Lewis
Kulchin
Pettine
Mamaux
Larson
15. AB #I9779 - NO PARKING ZONE - TAMARACK AVENUE FROM
'%) ELM AVENUE TO WILSHIRE AVENUE.
Bob 3ohnson, Traffic Engineer, gave the staff report
as contained in the Agenda Bill.
Lewis
Kulch in
Pettine
Mamaux
Larson
Council introduced the following Ordinance:
ORDINANCE NO. NS-50, AMENDING TITLE 10, CHAPTER 10.40
OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF
SEUION 10.40.059 TO DECLARE A "NO PARKING" ZONE ON
TAMARACK AVENUE FROM ELM AVENUE TO VILSHIRE AVENUE.
(34) 16. AB !I9780 - REPORT ON CITY INVESTMENTS.
Informational item from the City Treasurer on the
City Investments as of December 1, 1988.
COUNCIL REPORTS:
SDG&E Takeover
CQuncil Member Mamaux reported on a recent meeting held
in the San Diego Mayor's office regarding the SDG&E
takeover. He stated Greg Cox has asked SANDAG to study
the possibility of a utility takeover by somebody.
Mr. Mamaux stated if a public takeover occurred,
Carlsbad should receive an in-lieu tax to offset a
revenue loss.
3AC -
Council Member Larson reported on a meeting last
Wednesday of the Sub-Committee of 3AC for the long-term
sludge disposal facility selection. He noted the
search for a site was still underway.
Los Angeles Times Article
Council Member Kulchin reported on an article last week
in the Los Angeles Times where Carlsbad is being sued by
the Surfriders out of Huntington Beach concerning where
the City is going to put the sand from the Batiquitos
Lagoon dredging. She stated this is premature, as the
EIR and EIS have not been done at this time.
~ ,
Local Beach Erosion Committee
Council Member Kulchin reported on a recent meeting.
3 7L
December 13, 1988
COUNCIL REPORTS: (Continued)
8 NCTD
Page 7
Council Member Kulchin reported on recent Board activities.
“Eve on San Dieao"
Council Member Kulchin reported on her recent
appearance on this TV Program with regard to the offshore oil drillinq.
Carlsbad Economic Enhancement Council
Mayor Lewis reported on the first year progress report
of the CEEC. He added the request had been made for
City Manager Ray Patchett to participate in their activities.
Futtsu Steering Committee
Mayor Lewis reported on a meeting with Thomas Brierley
concerning the schools becoming more involved in the
Sister City program.
CITY COUNCIL COMMENTS:
.’ Council Member Mamaux stated that Georgina Cole had
died over the weekend and asked staff to prepare
something for a future agenda to acknowledge her achievements.
CITY ATTORNEY COMMENTS:
City Attorney Vincent Biondo reported on the trash-to- engery plant matter.
ADJOURNMENT:
By proper motion, the Meet,ing of December 13, 1988, was adjourned at 7:51 p.m. ;
Respectfully submitted,
ALETHA L. RAUTENKRANZ City Clerk
Harriett Babbitt
Minutes Clerk