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Home My WebLink About1989-03-21; City Council; Minutesc 0 c MINUTES (99) Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: March 21, 1989 Time of Meeting: 6:OO p.m. \! Place of Meeting: City Council Chambers COUNCIL 39 /o $,% A CALL TO ORDER: Mayor ProTem Kulchin called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk as follows: MEMSERS 2. @ Z Present: Counci I Members Kulchin, Pettine, Mamaux and Larson. Absent: Mayor Lew i s. INVOCATION was given by Council Member Pettine. PLEDGE OF ALLEGIANCE was led by Council Member Mamaux. APPROVAL OF MINUTES: Minutes of the Regular Meeting held February 21, 1989, X Kulchin were approved as presented. Pett i ne X Mamaux xx Larson X Minutes of the Adjourned Meeting held February 23, 1989, were approved as presented. Pett i ne Minutes of the Regular Meeting held March 7, 1989, were were approved as presented. Minutes of the Adjourned Meeting held February 28, 1989, were approved as presented. Minutes of the Regular Meeting held February 28, 1989, 1989, were approved as presented. Minutes of the Adjourned Meeting held February 24, Larson approved as presented. CONSENT CALENDAR: Mayor Pro Tern Kulchin requested Item #3 be removed from the Consent Calendar and Council Member Mamaux reuested Item #4 be removed from the Consent Calendar. Council afflrmed the action of the Consent Calendar, Kulchin X with the exception of Items #3 and #4, as follows: Pett i ne xx Mamaux X Larson X WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at fhis Meeting. 1. AB #9920 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CARLSBAD PACIFIC CENTER PHASE I - PD 246. Council accepted the improvements, authorized the City Clerk to record the Notice of Completion, release bonds, and directed the Utilities and Naintenance Department to commence maintaining the public streets associated with the subdivision. 9 6 >% X x 0 e MINUTES (99) (81) (111) (79) (81) (74) (96) (45) (70) (45) (81) March 21 , 1989 Page 2 CONSENT CALENDAR: (Continued) 2. AB #9921 - ACCEPTANCE OF A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES - MS 776. ~~ .~ ~~ Council adopted RESOLUTION NO. 89-81, accepting a Covenant for Easement for drainage purposes on property located between James Drive and Highiand Drive from Roger A. and Miidred D. Dawson. 3. AB #9922 - ACCEPTANCE OF DONATION- This item was removed from the Consent Calendar. 4. AB #9923 - RECLAIMED WATER USE POLICY FOR NEW LAND DEVELOPMENT. This item was removed from the Consent Calendar. 5. AB #9924 - ACCEPTANCE OF DONATION FROM CARLSBAD HI- NOON ROTARY. Counclj adopted RESOLUTlON NO. 89-93, accepting a donation of six hundred dol lars ($600) toward the purchase of a iarge-screen television and video cassette recorder for the Carisbad Senior Center. 6. AB #9925 - AMENDMENT OF LIST OF DESIGNATED EMPLOYEES - LOCAL CONFLICT OF INTEREST CODE. Council adopted RESOLUTION NO. 89-84, updatlng and revis I ng Appendix 1 to the Amended Loca i Conf 1 i ct of 1 nterest Code of the City of Carlsbad. 7. AB #9926 - AWARD OF BID FOR CONSTRUCTION OF FIVE TRAFFIC SIGNAL SYSTEM IMPROVEMENTS - PROJECT NOS. 3272, 3274, 3279, 3281 AND 3282. - Council adopted RESOLUTION NO. 89-85, transferring funds, accepting bids and awarding a contract for the construction of traffic signals and signal intercon- nection, Project Nos. 3272, 3274, 3279, 3281 and 3282. 8. AB #9927 - CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CARLSBAD SENlOR CENTER PROJECT - PROJECT NO. 3247. Council adopted RESOLUTION NO. 89-86, approving a consultant agreement with Darrell E. Waters, Construction Management Contract Consultants, for construction management services for the Carlsbad Senior Center and Carlsbad Unifled School Distrlct Education Center Project. lTEMS REMOVED FROM THE CONSENT CALENDAR: 3. AB #9922 - ACCEPTANCE OF DONATION. Mayor Pro Tern Kuichin accepted a check in the amount of $1,200 from the Capital Bank for the Annuaj Easter Egg Hunt. By unanimous consensus, Council adopted the foi lowlng Resolution: RESOLUTION NO. 89-82, ACCEPTING A ONE THOUSAND TWO HUNDRED DOLLAR ($1,200) DONATION FROM CAPITAL BANK OF CARLSBAD . A r- I y 1 .?I 1 COUNCIL /\I\ % ?&$, MEMBERS 5 (2, Z. (2, -c I l 0 0 MINUTES March 21, 1989 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued) (111) 4. AB #9923 - RECLAIMED WATER USE POLICY FOR NEW LAND (79) DEVELOPMENT. Councij Member Mamaux stated that the City Is working to use reclaimed water whenever possible, and will require it in afi iocatlons where it is practical. Council adopted the revised reclaimed water use policy for new {and use developments. PUBLIC COMMENT: Dr. John MacDonal d, County Supervisor, presented a Proclamation from the Board of Supervisors to Council Member Mamaux, honoring him for his 25 years of service to the community, and proclaiming the week of March 20 - 24, 1989, as John Mamaux Week in the County of San D i ego. Council Member Mamaux was also presented a Distingulshed Service Award from the 5th District Supervisor, Dr. John MacDona l d. Assemblyman Robert Frazee presented Council Member Mamaux with a Resolution from the California State Assembly honoring him for his 25 years of service in improvlng the quality of life In this community. Council Member Mamaux was presented a plaque by Dennis Meehan representing Congressman Ron Packard, honori ng him for his many years of service. Jim McCormick, on behalf of Senator Craven, presented Council Member Mamaux with a Resolution from the Senate Rufes Committee in recognition of his service to the commu n I ty . Council Member Mamaux received a Statement of Appreciation from the Carlsbad Unified School District. This award was presented by Don Johnson, representing the School Board of Trustees. Council Member Mamaux was presented a Proclamation from the Carlsbad Senior Citizens Association, by Peggy Savary, President of the Senior Citizens Association. Jack Schumaker, representing the Carlsbad Golf Associ- ation, stated a plaque had been presented to Council Member Mamaux in December, and he read a fetter recog- nizing Mr. Mamaux's 25 years of service to the City. Mrs. Juiianne Nygaard presented the Citizens of Carlsbad Leadership and Excellence Award to Council Member Mamaux. Mayor Pro Tern Kulch i n read a letter congratu lati ng Councll Member Mamaux on his 25 years of service to Carlsbad and signed by R. R. Robinson. ?Lil - I +os MEMBERS COUNCIL \\ % ?% 3% %% % % Kulchin X Larson xx Mamaux X Pett i ne X 0 0 MINUTES March 21 , 1989 Page 4 /\$ COUNCIL ?$ %' % MEMBERS % %% I ORDINANCES FOR ADOPTION: (92) 9. AB #9916 - ENCINA PHASE IV FINANCING - FORMATION OF (45) JOiNT POWERS AUTHORITY. Counci 1 .adopted the fol lowing Ordinance: Pett i ne X Kulchin X Larson JO I NT POWERS AUTHORITY TO ISSUE REVENUE BONDS IN AN X Mamaux ORDINANCE NO. NS-54, AUTHORIZING THE ENCINA FINANCING xx AMOUNT NOT TO EXCEED $50,000,000. (67) 10. AB #9917 - ADOPTION OF CHANGE ORDER PROCEDURES. Council adopted the following Ordinance: Pett i ne X Kulchin X Larson THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION X Mamau x ORDINANCE NO. NS-55, AMENDING TITLE 3, CHAPTER 3.28 OF xx 3.28.172 TO ADOPT PROCEDURES FOR CHANGE ORDERS. (67 ) 1 1 . AB #9918 - REGULATIONS FOR SPEC1 AL EVENTS. This item was continued to the next meeting. PUBLIC HEARINGS: (77) 12. AB #9928 - MEMORANDUM OF UNDERSTANDING FOR (689 NOTIFICATION OF LAND USE AND DEVELOPMENT ACTIONS. City Manager Ray Patchett stated that the County Counsel wanted to make some language changes in this agreement. Mr. Patchett requested that this be continued until after those changes were made and the agreement was finalized. Council continued this item. Kuichin X Pett i ne xx Mamaux X Larson X Mayor Pro Tem Kulchin announced due to a possible conf ilct of interest, she woutd not participate in the discussion on Item #13. She left the dais and turned the gavel over to Council Member Pettine. (113) 13. AB #9929 - ZONE CHANGE, LOCAL COASTAL PLAN (77) AMENDMENT AND LOCAL FACILITIES PLAN AMENDMENT - ZC 88-1/LCPA 88-2/LFMP-6(A). Mike Holzmi l ler introduced this item. Mike Howes gave an overview of the Von Der Ahe project and the three act ions recommended tonight, and Lance Schu 1 te described the project. Transparencies were used to show the exhibits contained in the Agenda Bill and watl charts showlng drawings of the project. A slide presentation showed the site and the proposed project a Counci 4 Member Pettine opened the Pub 1 i c Hearing at 6:40 p.m., and issued the invitation to speak. 93 b e 0 MINUTES (97) (45) (55) (45) March 21, 1989 Page 5 - ~~ PUBLIC HEARINGS: (Continued) Michael Brown, Project Manager of Carlsbad Retail Assoclates, 31 50 Bristol Street, Costa Mesa, addressed Counci 1 statlng the app 1 icant was in agreement with the conditions on the project. Since no one else wished to speak on this matter, the Public Hearing was ciosed at 6:42 p.m. Counci l directed the City Attorney to prepare documents approving ZC 88-1, LCPA 88-2, LFMP 6(A) and the Mitigated Negative Declaration. Mayor Pro Tem Kulchin returned to the dais. 14. Number not used. HOUSING AND REDEVELOPMENT COMMISSION: Counci 1 adjourned to the Housing and Redevelopment Commisslon at 6:43 pCm., and re-convened at 7:11, with ai 1 four Members present, and Mayor Lewis absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 15. AB #9931 - AWARD OF CONTRACT FOR CONSTRUCTION OF CARLSBAD BOULEVARD, PHASE I1 IMPROVEMENTS - PROJECT NO. 3205. - John Cahlii, Munlcipal Projects Manager, gave the staff report as contained in the Agenda Bil I, using a slide presentation to show the area. COUNCIL /\k % %% 9 MEMBERS % %% Kulchin xx Larson X Marnaux X Pett i ne X Council adopted the following Resolutions: (one motion) Pett i ne Kulchln RESOLUTION NO, 89-88, ACCEPTING BIDS, APPROPRIATING CARLSBAD BOULEVARD, PHASE II IMPROVEMENTS, PROJECT NO. Larson FUNDS AND AWARD I NG A CONTRACT FOR THE CONSTRUCTION OF Mamau x X xx X X 3205. RESOLUTION NO. 89-89, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PACIFIC BELL TELEPHONE COMPANY FOR UNDERGROUNDING FACILITIES. 16. AB #9932 - RECYCLING PILOT PROJECT CONTRACT WITH COAST WASTE MANAGEMENT, INC.. Mayor Pro Tem Ku 1 ch1 n stated she had received a telephone call from a Planning Commissioner requesting a continuance of this item to allow Solana Recyclers time to submit a proposal. The consensus of Council was to hear the matter tonight. Ralph Anderson, Uti 1 !ties/Maintenance Director, gave the staff report as contained In the Agenda Bill, uslng transparencies to show the pilot areas, and showing samples of the bins to be used for the program. Dennis Price, 7515 Cadencia Street, addressed Counci 1 expressing concern about the length of time it has taken Carisbad to arrive at a pilot program. He said the Solana Recyclers are going a good job in Encinitas with Ill a recyclin pro ram and he would like to see Carlsbad proceed w iah a %I 1 I program. I Ill %I I Ill b a e MINUTES March 21, 1989 Page 6 COUNCIL \F %9 "0 %.p/ A MEMBERS .;t 6 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Brooke Nash, 528 Hygeia Avenue, Encinitas, representing Solana Recyclers, Inc., stated they are a non-prof it organization providing recycling services to three coastal cities. She said they would iike the opportunity to participate in a pilot program in Carlsbad in cooperation with Coast Waste Management. Arie De Jong, 5960 El Camino Real, Owner of Coast Waste Management, complimented Solana Recyclers on their progress, but felt Coast Waste was offering a mu {ti-faceted program, not just curbside recycl ing. He requested Counci 1 approva 1. Council adopted the following Resolution: Kulchin X Pett i ne X RESOLUTION NO. 89-90, AUTHORIZING THE MAYOR TO EXECUTE Mama u x xx A PILOT CURBSIDE RECYCLING CONTRACT WITH COAST WASTE Larson x MANAGEMENT, INCORPORATED, AND APPROPRlATlNG FUNDS FOR THE PURCHASE OF INDIVIDUAL HOUSEHOLD RECYCLING CONTAINERS. (55) 17. AB #9933 - ESTABLISHMENT OF AN ANTI-SCAVENGING ORDINANCE. Council introduced the following Ordinance: x Larson THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION xx Mamaux ORDINANCE NO. NS-57, AMENDING TITLE 6, CHAPTER 06.09 OF X Pett i ne X Kulchin 06.09.091 TO PROHlBlT SCAVENGING OF RECYCLABLE MATERIALS DESIGNATED FOR COLLECTION IN A CITY CURBSIDE RECYCLING PROGRAM. (77) 18. AB #9934 - RESOLUTION OF INTENTION REGARDING THE (105) AMENDMENT OF GENERAL PLAN, LOCAL COASTAL PLAN AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE. Mrs. Barbara Fischer, Intern in the City Attorney's Off ice, gave the staff report as contai Red in the Agenda Bi 1 l. CounclI Member Mamaux expressed agreement with the intent of the Ordinance, but stated that Council should acknowledge there would be lawsuits. He also stated the oi I industry cou 1 d get around the Ordinance by building the required faciiities in the ocean near their drilling operations. Councii adopted the fol lowing Resolution: Kolchin X Pett i ne xx RESOLUTION NO. 89-91, DECLARING COUNCIL INTENTION TO Mamaux X CONSIDER AN AMENDMENT OF THE GENERAL PLAN, LOCAL Larson x COASTAL PLAN AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT ON-SHORE OIL AND GAS SUPPORT FACILITIES. (37) 19. AB #9935 - 1989 CITY COUNCIL GOALS AND OBJECTIVES. Jim Hagaman, Research/Analysis Director, gave the staff report as contained in the Agenda Bi 1 1 . Council Member Pettine requested an addition of an Objective #4, under Goat #4 of Utilities and Maintenance that "the City coordinate with the appropriate water districts on an overa I J water conservation approach". o/ i$ ;Q r ? (28) (41) (41) e e MINUTES March 21 , 1 989 Page 7 ~ ~~~ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council adopted the 1989 Goals and Objectives, wlth the addition of Objective #4 under Goal #4 of Uti i ities/Maintenance, as requested by Counci I Member Pett i ne. 20. AB #9919 - APPOINTMENT OF COMMITTEE TO STUDY THE MATTER OF A VETERANS' MEMORIAL FOR THE CITY OF CARLSBAD. This item was continued one week. CLOSED SESSION: (one motion) 21. CLOSED SESSION PENDING LITIGATION. C iosed Session to dlscuss the case of H & A Construction v. City of Carlsbad, Case No. N36096 was continued one week. 22. CLOSED SESSION PENDING LITIGATION. Closed Session to discuss the case of Sahagun et al v. City of Carlsbad et al was continued one week. COUNCIL REPORTS: Councl I Members reported on recent meetings and activites of the Committees and Sub-Committees of whlch they are Members. Mayor Pro Tem KuJchin, Council Member Mamaux and City Manager Ray Patchett reported on their recent trip to Washington, D.C. ADJOURNMENT: By proper motion, the Meeting of March 21, 1989, was adjourned at 8:12 p.m. Respectf u l ly submi tted, aee;stdL k. 6?- " ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt M i nutes C 1 erk 90 c COUNCIL /\I\ % %%%+ MEMBERS .Z. 6 + t~ Kulchin Mamau x xx Pett i ne X X Larson X Kulchin X Pett i ne X X Larson xx Mamaux Kulchin Mamaux X Pett i ne X X Larson xx