HomeMy WebLinkAbout1989-03-28; City Council; Minutesh%
# 0 0
MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: March 28, 1989
Time of Meeting: 6:OO p.m. /\b
P 1 ace of Meeting: City Counci 1 Chambers COUNCIL %p%z /o %.p,
MEMBERS Z. (2, Z.
CALL TO ORDER:
Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follow:
L
Present: Counci I Members Lewis, Kulchin, Pettine,
Mamaux and Larson.
Absent: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held March 14, 1989, X Lew I s
were approved as presented. Kulchin X
Pett i ne
xx Larson
X Mamaux
X
Minutes of the Adjourned Meeeting held March 18, 1989,
Lewis Minutes of the Regular Meeting held March 21, 1989,
X Larson were approved as presented.
X Kulchin
X
were approved as presented.
CONSENT CALENDAR:
A citizen requested Item #1 be removed from the Consent
Calendar.
Council affirmed the action of the Consent Calendar, Lew i s X
with the exception of Item #l, as fot lows: Kulchin xx
Pett i ne X
Mamaux X
Larson X
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances
and Resolutions at this Meeting.
(99) 1. AB #9936 - ACCEPTANCE OF GRANT DEED FOR OPEN SPACE
(113) SETBACK ALONG BATIQUITOS BLUFF.
This item was removed from the Consent Calendar.
(92) 2. AB if9937 - 43RD SUPPLEMENT TO ENCINA JOINT POWERS
(45) BASIC AGREEMENT.
Council adopted RESOLUTION NO. 89-93, approving
execution of the 43rd Supplement to the Encina
Joint Powers Basic Agreement providing the increase
and reallocation of costs for the Encina Water
Pollutlon Control Facility Phase IV expansion
project.
(99) 3. AB #9938 - ACCEPTANCE OF GRANT DEED FOR WATERLINE
EASEMENT - CARLSBAD OAKS CT 74-21 /P I P 86-2.
Council adopted RESOLUTION NO. 89-94, accepting a
grant deed from B. W. Pacific Partners for waterline
purposes over a portion of lots 10, 11, 12 and 13 of
CT 74-21 , off toker Avenue, and accepting a
subordination agreement from the First National Bank
of Minneapolis.
8
h @ \ b -
~
I I
.\ e 0
MINUTES
March 28, 1989 Page 2
CONSENT CALENDAR: (Continued)
(99) 4. AB #9939 - ACCEPTANCE OF GRANT DEED FOR WATERLINE
(113) PURPOSES - LA COSTA VALLEY UNIT 5 - PD 304.
~
Council adopted RESOLUTION NO. 89-95, accepting a
grant deed for waterline purposes from La Costa
A I i cante V i ews over a portion of Lots 230 & 231 , of 1
Caringa Way, and accepting a subordination agreemeni
from Great Western Bank.
1
( 99 ) 5 AB if9940 - ACCEPTANCE OF GRANT DEED FOR WATERL I NE PURPOSES - RAINTREE SQUARE - PD 314.
Council adopted RESOLUTION NO. 89-96, accepting a
grant deed from Herrick Holdings, Ltd., for
waterline purposes, Parcel 3 of Parcel Map 14028,
east of Rai ntree Drive.
(99) 6. AB #9941 - ACCEPTANCE OF FIVE GRANT DEEDS FOR SEWER
AND DRAINAGE PURPOSES - CALAVERA HILLS UNIT 1 - CT
83-3.
Council adopted RESOLUTION NO. 89-97, accepting fivc
(5) recorded grant deeds for sewer and drainage
purposes, off Tamarack Avenue, from Carl and Joanne
Seelhoff, Joel Cannataro, Hans H. Lindenskov, Roberi
and Marilyn Hahnel and Stephan and Bobette Seelig.
(59)
(39)
(97)
7. AB #9942 - TRAVEL REQUEST.
Council authorized the Data Processing Division's
Systems Analyst to attend the Southern California
Regional Users Group (SCRUG) Conference in Pasadena
May 3 through May 5, 1989.
8. AB #9943 - ADOPTION OF A REVISED INVESTMENT POLICY.
Council adopted RESOLUTION NO. 89-77, approving the
City's revised investment policy.
9. AB #9944 - SENATE BILL 140 - APPLICATIONS FOR
ARTERIAL FUNDING.
Council adopted RESOLUTION 89-103, authorizing the
City Engineer to make application to CalTrans for
Senate Bill 140 funding for certain arterial street
improvements.
ITEM REMOVED FROM THE CONSENT CALENDAR:
(99) 1. AB #9936 - ACCEPTANCE OF GRANT DEED FOR OPEN SPACE
(113) SETBACK ALONG BATIQUITOS BLUFF.
Henry Thompson, 330 Chestnut Avenue, addressed Council
stating his concern with the trail to be placed along
the Batiquitos bluff. He said he had heard the trail
was to be five feet wide, enclosed with an iron fence.
Mr. Thompson stated there had been a 300-foot set back on top of the bluff, and then that was reduced to 100
feet and then to 45 feet; and now it was down to five
feet on portions of it.
81
-
F
L
-
?
I-
COUNCIL /\/\ % %% %
MEMBERS % %% %
i 1
’\ 0 0
MINUTES
(67)
(55)
%%
March 28, 1989 Page 3 COUNCIL \\ A9 /o +*%$ A
MEMBERS 5 6 Z. 6
ITEM REMOVED FROM THE CONSENT CALENDAR: (Continued)
Mr. Thompson stated that Council was giving away City
open space and he opposed that. If the set back was to
be reduced to five feet, then a new environment
statement was needed. He asked Council to uphold the
law and protect the citizens and their property.
Inez Yoder withdrew her Request to Speak.
Marty Orenyak, Community Development Director, stated
this resolution was to lock up a 45 foot easement that
was not placed on the lots originally. This will enable
the City to continue the trail system to its terminus on
Navigator Circle. The City had access and an easement
through the Coastal Permit, but did not feel this was
strong enough and it did not include Lots 2 through 7.
Council adopted the following Resolution: Lewis X
Kulchin xx
RESOLUTION NO. 89-92, ACCEPTING A GRANT DEED FROM Pett i ne X
BATIQUITOS BLUFF FOR THE PURPOSE OF ESTABLISHING A 45 Mamaux X
FOOT SETBACK EASEMENT FOR LOTS 2 THROUGH 5 IN PHASE I OF Larson X
THE BATIQUITOS LAGOON EDUCATIONAL PARK MASTER PLAN.
PUBLIC COMMENT:
There were no requests to address Council.
ORDINANCES FOR ADOPTION:
10. AB #9918 - REGULATIONS FOR SPECIAL EVENTS.
Council adopted the following Ordinance:
Pett i ne ORD I NANCE NO. NS-56, AMEND I NG TITLE 8 OF THE CARLSBAD
xx Kulchin
X Lewis
X Larson PERTAINING TO SPECIAL EVENTS AND BY REPEALING CHAPTER
X Mamaux MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 8.17
X
10.57 AND SECTION 21.42.101 (2) AND BY THE AMENDMENT OF
SECTION 11.32.030(5).
11. AB #9933 - ESTABLISHMENT OF ANTI-SCAVENGING
ORDINANCE.
Council adopted the following Ordinance:
X Pettine ORDINANCE NO. NS-57, AMENDING TITLE 6, CHAPTER 06.09 OF
xx Kulchin
X Lewis
X Larson 06.09.091 TO PROHIBIT SCAVENGING OF RECYCLABLE
X Mamau x THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION
MATERIALS DESIGNATED FOR COLLECTION IN A CITY CURBSIDE
RECYCLING PROGRAM.
0
\
~
'I
(77)
(51)
(28)
(48)
e 0
MINUTES
March 28, 1989 Page 4 MEMBERS COUNCIL h
PUBLlC HEARING:
12. AB if9930 - PREPARATION OF AN AMENDMENT TO THE LOCAL
FACILITIES MANAGEMENT PLAN FOR ZONE 20.
Phi I Carter, Assistant to the City Manager, gave the
staff report as contained in the Agenda Bi 1 I, ask i ng
that Council authorize Jack Henthorn and Associates to
prepare an amendment to the Local Facilities Management
Plan for Zone 20. He added that staff wants to re-
analyze the phasing impacts on the zone.
Mayor Lewis opened the Pub1 ic Hearing at 6:20 p.m., and
issued the invitation to speak.
Jack Henthorn, 5421 Avenida Encinas, Suite B, stated the
applicant had reviewed the staff report and
recommendation, and urged Council action in accordance
with that recommendation.
Since no one else wished to speak on this matter, the
Public Hearing was closed at 6:21 p.m.
I 1
Council authorized Jack Henthorn and Associates
to prepare an amendment to the Local Facilities
Management P Ian for Zone 20.
Lewis
Ku Ich in
Pett i ne
Mamaux
Larson
DEPARTMENTAL AND CITY MANAGER REPORTS: I I
13. AB #9945 - MULTI-HAZARD EMERGENCY PLAN. I I
Fire Chief Thompson introduced the item and Battalian
Chief Jim West gave the staff report as contained in the
Agenda Bill, using a sllde presentation.
Council adopted the following Resolution:
RESOLUTION NO. 89-98, ADOPTING THE CITY OF CARLSBAD
MULTI-HAZARD EMERGENCY PLAN.
14. AB #9919 - APPOINTMENT OF COMMITTEE TO STUDY THE
MATTER OF A VETERAN'S MEMORIAL FOR THE CITY OF
CARLSBAD.
Mayor Lewls requested this item be continued for one
week, and Council concurred.
15..AB #9946 - CAMPAIGN REPORTING - PROHIBITION OF CASH
CONTRIBUTIONS. 1 I
Maurice K imbal 1 , 1623 James Drive, addressed Counci I
stating his opposition to this Ordinance, stating it
was a violation of his freedom and an unnecessary
Ordinance.
Lewis
Kulchin
Pett i ne
Mamaux
Larson
Council introduced the following Ordinance: Lew i s
Kulchin
ORDINANCE NO. NS-58, AMENDING TITLE 1, CHAPTER 1.13 OF Pett i ne
THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION
$25 .OO. Larson 1.13.035 TO PROHIBIT CASH CONTRIBUTIONS IN EXCESS OF
Mamaux
99
\ a &
X
X
X
h \
'2.
X
X
X
X
X
X
X
X
X
X
X X
X
X
X
B
(41)
(62)
(94)
(76)
(28)
(39)
0 0
MINUTES
March 28, 1989 Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
16. AB #9947 - TRASH TO ENERGY PLANT LITIGATION.
City Attorney V i ncent Biondo gave the report on th is
i tern.
Council adopted the following Resolution:
RESOLUTION NO. 89-104, APPROPRIATING FUNDS FOR
FINANCIAL ADVICE ON THE PROPOSED TRASH TO ENERGY PLANT.
17. AB #9948 - PROPOSAL TO BAN SALE OF SEMI-AUTOMATIC
WEAPONS IN CARLSBAD.
Council Member Mamaux stated the State Assembly and
Senate have both passed meaningful laws on this matter,
and he wou Id ask Counci I to support them, and send a
Resolution to the Assembly and Senate supporting the ban
on assault weapons and urging a joint bill acceptable to
both Houses that the Governor would sign.
Counci 1 Members agreed that if the State does not take
action, then this Council should re-consider the matter
for a City-wide ban on semi-automatic weapons.
COUNCIL \$ 39 "0 %o/ A
MEMBERS .;t 8 9
Lewis xx Kulchin
X
X Larson
X Mamaux
X Pett i ne
Council Member Pettine suggested the ban should include
not on ly the sale, but also the possess ion of those
weapons.
Council directed that a Resolution be sent to the Lewis X
legislators in Sacramento urging the approval of Kulchin
xx Mamaux semi-automatic weapons.
X Pett i ne legislation banning the sale and/or possession of
X
Larson X
18. AB #9949 - PARKING AUTHORITY APPOINTMENT.
Council, by consensus, continued this item one week.
19. AB #9950 - PLANNING COMMISSION APPOINTMENTS.
Council adopted the following Resolutions:
Pett i ne RESOLUTION NO. 89-100, RE-APPOINTING MATTHEW HALL TO
X Kulchin
xx Lewis
X Larson
X Mamaux THE CARLSBAD PLANNING COMMISSION.
X
RESOLUTION NO. 89-101, RE-APPOINTING CLARENCE
SCHLEHUBER TO THE CARLSBAD PLANNING COMMISSION.
20. AB #9951 - ARTS COMMlSSlON APPOINTMENTS.
Counci 1, by consensus, continued this item for one
week.
21. AB #9952 - REPORT ON CITY INVESTMENTS.
Informational Report on the City's investment portfolio
as of March 1 , 1989.
COUNCIL REPORTS:
Council Members reported on recent meetings and
activities of the Committees and Sub-Committees of which
they are Members.
98
4 %
,* e a
MINUTES
March 28, 1989 Page 6
CLOSED SESSION:
:41) 22. CLOSED SESSION PENDING LITIGATION.
Case of H & A Construction v. City of Carlsbad,
Case No. N36096.
(41) 23. CLOSED SESSION PENDING LITIGATION.
Case of Sahagun et al v. City of Carlsbad et al.
Council adjourned to a Closed Session at 7:09 p.m., to
discuss the above-captioned cases, pursuant to
Government Code Section 54956.9(a).
Council re-convened at 7:31 p.m., and Mayor Lewis
announced that Council had instructed the City Attorney
on the two cases.
ADJOURNMENT:
By proper motion, the Meeting of March 28, 1989, was
adjourned at 7:32 p.m.
Respectfully submitted,
&ZtL 2. R-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
h)3
-
S%
MEMBERS COUNCIL \\ % Z. ?&?&, 6 Z. 6
Lew is
X Larson
X Mamaux
X Pett i ne
X Kulchin
xx