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Home My WebLink About1989-01-10; City Council; Minutes0 a MINUTES (81) (99) (59) (50) (70) Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: January IO, 1989 *% Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers MEMBERS COUNCIL \\ %?$&%$, .;t. t~ + (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. CONSENT CALENDAR: Mayor Lewis requested Item #I4 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, Lewis X with the exception of Item 84, as follows: Kulchin xx Pettine X M amau x X Larson X WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #9808 - ACCEPTANCE OF GRANT DEED FOR DRAINAGE PURPOSES - CARLSBAD GATEWAY CENTER - PD 277. Council adopted RESOLUTION NO. 89-9, accepting a grant deed from Dorothy K. Ebright for drainage purposes. 2. A6 W9809 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 89-10, authorizing .~ the destruction of certain files in the Information Systems Department. 3. AB #9810 - REFUND OF FEES. Council approved the refund of $1,656.90 to .Dr. Berchtold for overpayment of fees. ITEM REMOVED FROM THE CONSENT CALENDAR: 4. AB %9811 - AUTHORIZATION FOR TRANSFER OF FUNDS FROM THE UNAPPROPRIATED FUND BALANCE. Mayor Lewis called attention to the amount of $135,840 being spent by the City on school tennis courts and ballfields. He stated the City and School District cooperate to jointly use the facilities and the City is spending money to improve those facilities for the use of the general public. Council adopted the following Resolution: Lewis xx Kulchin X FROM THE UNAPPROPRIATED FUND BALANCE IN ORDER TO FUND Mamaux X PREVIOUSLY APPROVED PR03ECTS FOR LA COSTA CANYON PARK Larson X SURFACING, CARLSBAD HIGH SCHOOL TENNIS COURT LIGHTING AND BUENA VISTA SCHOOL BALLFIELD REHABILITATION. RESOLUTION NO. 89-11, AUTHORIZING A TRANSFER OF FUNDS Pettine X AND VALLEY 3UNIOR HIGH SCHOOL TENNIS COURT- RE- il (70) 0 0 MINUTES January IO, 1989 Page 2 PUBLIC COMMENT : There were no requests to address Council during the Public Comment. ORDINANCE FOR INTRODUCTION: I 5. AB f9812 - PROHIBITION OF DOGS FROM PARKS AND BEACHES. Nancy Koontz, 773 Camellia Place, referenced the letters she had written to Council stating she felt this Ordinance was unfair to dog owners who clean up after their dogs and unfair to those who don't clean up as they would not have a chance to change their behavior. She referred to the petitions she sent to the Council with at least 100 signatures of people who would comply with a "gooper scooper" ordinance. Ms. Koontz felt the public should be educated to clean up after their dogs. She encouraged Council to re- consider this Ordinance and consider alternatives, such as certain times during the day or designated areas for the dogs. Don 3ackson, 260 Normandy Lane, spoke in favor of the Ordinance, stating the lifeguards are now cracking down on the beach dogs in all the coastal cities except Carlsbad. He said the dogs represent a constant problem at the shoreline, and with owners allowing their dogs to run loose on the beach and relieve themselves, it is not only a nuisance, but a sanitation problem, especially at the access steps. Mr. Jackson asked Council to adopt the Ordinance as proposed. William Thomson, 1775 Valley Place, asked Council to re consider this Ordinance and not adopt it. He said that dogs are the sole family of some owners and do like to swim in the ocean. He suggested designating areas on the beach to allow dogs and perhaps only certain times of the year, such as December through April when the beaches are not too crowded. - Council Member Kulchin stated Carlsbad is the only coastal city where dogs are allowed on the beach, and she reiterated her strong support of the Ordinance. She also expressed support for an ordinance requiring all citizens to clean up after their dogs. Council Member Pettine suggested this matter be referred to the Parks and Recreation Commission to consider all alternatives to find whether a compromise could be reached. Council Member Larson agreed with Mr. Pettine and added that regulations are needed. He stated the solution may be a combination of the ideas expressed; i.e., to allow dogs on the beach during certain hours, at certain times of the year and in designated areas. Council Member Kulchin reiterated her strong support for the Ordinance and moved the introduction. The motion died for lack of a second. 10 I COUNCIL I\/\ %%&$ MEMBERS Z. 6 Z. 8 a e MINUTES (73) January IO, 1989 Page 3 ORDINANCE FOR INTRODUCTION: (Continued) I Mayor Lewis stated he was willing to let staff study this matter to find some compromise. He said it is very unpleasant to have to watch every step you take on the beach because of the dogs. Council Member Mamaux recommended adopting this Ordinance with the effective date to be 3une 1, 1989. In the interim, the matter could be referred to the Parks and Recreation Commission for study and recommendation. City Manager Ray Patchett stated that if this is to go to the Parks and Recreation Commission, staff would want time to do complete research on the item. Council Member Pettine stated he would oppose the Ordinance at this time as he felt it was ill-advised to pass an ordinance before all alternatives were studied . Council introduced the following Ordinance and directed staff to review alternatives and refer the matter to the Parks and Recreation Commission for review and recommendation: ORDINANCE NO. NS-51, AMENDING TITLE 11, CHAPTER 11.32 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 11.32.030(11) TO PROHIBIT DOGS FROM ALL CITY BEACHES AND PARKS; amended to reflect an effective date of June 1, 1989. PUBLIC HEARING: 6. AB 89813 - APPEAL OF THE PLANNING COMMISSION m APPROVAL OF A LARGE FAMILY DAYCARE PERMIT - DC 88-3 (FRAZAR). Mayor Lewis stated there was a request to continue this item to February 7, 1989, and he requested the City Attorney give the legal aspects of the matter. City Attorney Vincent Biondo stated this was not a typical CUP where Council was free to take into account the neighborhood sentiments. Council, under State Law and Ordinance, exercises very limited discretion over this type of daycare home. He said he had reviewed the staff report and the record of the Planning Commission hearing and sustantially all of the concerns expressed by the residents about violations of the CC&R's and operation of a business in a single family neighborhood were all resolved against the residents by the State Legislature. If those residents are not satisfied, they should seek relief in Sacramento, and not from this Council. Mr. Biondo stated the law in question was adopted in 1984, and an Ordinance was brought to Council at that time to exercise what limited discretion they could. The Law states that it is the State's responsibility to provide for this kind of home and that they need to be provided in neighborhoods and in family homes, and large family daycare homes are to have from 7 to 12 children in attendance. n I Y I 6% MEMBERS COUNCIL \\ %'p "0 .;t $,*%% 6 A .;t t Lewis X Larson xx M amau x Pettine X Kulchin X h P - ? e 0 MINUTES 3anuary IO, 1989 Page 4 PUBLIC HEARING: (Continued) Mr. Biondo stated the permit must be issued, if City standards are met; with proper ingress and egress; no other large daycare center on the same street within 1,200 feet; that the noise impacts have been minimized; all permits issued and all building code and standards applicable to R-1 houses met. The staff report is overwhelming that all of those standards in our Ordinance have been met. Mr. Biondo said he was unaware of anything to the contrary and found it difficult to imagine how a decision to deny could be sustained if challenged in court. Mr. Biondo said the appeal is limited to whether the conditions have been met. David Massey, 2607 El Rastro Lane, representing the Rancho Ponderosa Homeowners Association, stated the homeowners President and Board Members were unable to attend tonight and requested more time to assemble material. By consensus, Council denied the request of the Rancho Ponderosa Homeowners Association for a continuance to February 7, 1989. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill. Mayor Lewis opened the Public Hearing at 6:51 p.m., and issued the invitation to speak. Eleanor Batterson, 7970 La Gacha Lane, stated she differed with the Planning Commission and stated that this house is located in an amphitheater area, with sounds coming up from that house and yard. She felt there was a noise problem and would be worse when there were children playing outside. Mrs. Batterson was concerned that the children might climb up the embankment and play in the bushes on the slope. She added that she did not know what her dog might do if the children reached her yard. In answer to Council query regarding the noise, Mr. Grimm stated that under State Law, this type of daycare facility was exempt from an environmental review. He indicated that staff members had stood at different locations on top of the bank and did not feel a noise study was necessary. Bernadette Probus, Attorney, 4909 Murphy Canyon Road, Ste. 544, San Diego, representing Cheryl Frazar, thanke Council for hearing the item tonight and urged the issuance of the permit. Cheryl Frazar, 2606 El Rastro Lane, stated she has conducted a daycare facility the last two years as a means of supporting herself and her two children. She told of her training and of the growing need for daycare. She indicated she had instructed the parents of the children how to conduct themselves in order to minimize any disturbance of the neighbors and did not understand why this issue had taken so long. Id 8 +% MEMBERS COUNCIL \y % * ?&$ tp Z. d h P - I I 0 e MINUTES January 10, '1989 Page 5 I\/\ COUNCIL % y+x$ MEMBERS Z. 6 Z. t9 PUBLIC HEARING: (Continued) Katherine Osmond (?I, a resident of Carlsbad, stated she was active-duty military and had found childcare more limited in the United States than in foreign countries. She stated she has a son who needs child care and felt it was important to uphold the laws and not allow petty issues to cloud the law. Since no one else wished to speak on this matter, the Public Hearing was closed at 7:03 p.m. Council denied the appeal and upheld the Planning Lewis X Commission's approval of DC 88-3. Kulchin X Pettine X Mamaux X Larson xx RECESS : Mayor Lewis declared a Recess at 7:05 p.m., and Council re-convened at 7:15 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: (28) 7. AB f9814 - APPOINTMENT TO SERRA COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD. Mayor Lewis announced he would appoint Milton Cooper to the Serra Cooperative Library System Advisory Board. Council adopted the following Resolution: X Mamaux SERRA COOPERATIVE LIBRARY SYSTEM ADVISORY BOARD. X Kulchin xx Lewis x Larson RESOLUTION NO. 89-12, APPOINTING MILTON COOPER TO THE X Pettine (77) 8. AB A9815 - GROWTH MANAGEMENT PROGRAM - FINANCING. Phil Carter, Assistant to the City Manager, gave the initial report, as contained in the Agenda Bill. Lloyd Hubbs, City Engineer, continued the report, describing the Facilities District formation process. Finance Director Jim Elliott reported on the "What If" possibilities of such a district. Council directed staff to proceed to investigate the use of a Community Facilities District in relationship Lewis X to the City's Growth Management program and return with Kulchin X the appropriate documents; and Pet t ine xx Council adopted the following Resolution: (one motion) X Mamaux Larson X RESOLUTION NO. 89-13, AUTHORIZING THE HIRING OF CONSULTANTS TO STUDY THE CITYWIDE MELLO ROOS DISTRICT PROPOSAL AND TRANSFERRING FUNDS. I 3 1 3) e MINUTES -r 3anuary IO, 1989 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) (27) 9. AB f9816 - 1987-88 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Sandra Schmidt, Assistant Finance Director, gave the staff report as contained in the Agenda Bill. Council, by consensus, accepted the 1987-88 Comprehensive Annual Financial Report. COUNCIL REPORTS: League of California Cities - San Dieqo Division Council Member Kulchin reported on recent apapointments. CITY ATTORNEY COMMENTS: City Attorney Vincent Biondo reported on the trash-to- engery plant matter. ADJOURNMENT: By proper motion, the Meeting of January IO, 1989, was adjourned at 8:29 p.m. Respectfully submitted, UAQF ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk ~ 6 T +os MEMBERS COUNCIL \\ % 2. 9+%$, tp Z. 8