Loading...
HomeMy WebLinkAbout1989-05-23; City Council; Minutese 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 23, 1989 Place Time of of Meeting: Meeting: City 6:OO Counci p.m. I Chambers COUNCIL /\I\ % ?$%%+ MEMBERS Z. 8 Z. 8 CALL TO ORDER: Mayor Lewis ca I led the Meeting to order at 6:OO p.m. ROLL CALL was taken by the Deputy City C jerk, as fol lows: Present: Counci I Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent: None. 1 NVOCATION was given by Reverend DeWeese of the Christ Presbyterian Church of Rancho La Costa. PLEDGE OF ALLEGIANCE was led by Counci 1 Member Mamaux. PRESENTATIONS: Mayor Lewis read a Proclamation proclaiming the week of May 22 - 29, 1989, as BUCKLE UP AMER I CA WEEK. The Proclamation was accepted by Maria Columna, Public Health Educator, Buckle Up North County Coordinator. Mayor Lewis read a Proclamation proclaiming the week of May 21 - 27, 1 989, as NAT I ONAL PUBL IC WORKS WEEK. The Proclamation was accepted by Frank Dudek, President of the San Diego Chapter of the American Public Works Association. Mayor Lewis read a Proclamation proclaiming May 25, 1989, as TV PURSUITS DAY. Bob Sheppard, President of Carlsbad Cable Television Foundation, accepted the Proc 1 amat i on. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held May 2, 1989, Lewis X were approved as presented. Ku Ich in xx Pett i ne X Minutes of the Regu lar Meeting he1 d May 9, 1989, were Mamau x X approved as presented. Larson X CONSENT CALENDAR: Mayor Lewis announced that Counci I Member Larson had requested Item #1 be removed from the Consent Calendar, and Counci 1 Member Mamaux had requested I tern #4 be removed. Council affirmed the action of the Consent Calendar, Lew is X with the exception of Items #1 and #4, as fol lows: Ku Ich in xx Pett i ne X Marnaux X Larson X WA I VER OF ORD I NANCE TEXT READING: Counci 1 waived the reading of the text of all Ordinances and Resolutions at this Meeting. lY3 1 A ’ 39) 69) 73) 70) $5) 99) 45) 81) 45) f 0 0 MINUTES May 23, 1989 Page 2 CONSENT CALENDAR: (Cant i nued 1 1. A6 #lo;034 - PUPRCHASE OF LANDSCAPE MATERIAL. This item was removed from the Consent Calendar. 2. AB #10,035, ACCEPTANCE OF COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES - CARLSBAD OAKS EAST - MS-782. Counci I adopted RESOLUTION NO. 89-156, accepting a covenant for easement from Carlsbad Oaks East, Ltd., for drainage purposes over Lot 24 of MS-782. 3. AB #lo,036 - ACCEPTANCE OF PUBLIC IMPROVEMENTS OF RANCH0 SANTA FE ROAD - OLIVENHAIN ROAD TO LA COSTA AVENUE - CT 81-46/PD-258. Counci I accepted the improvements, authorized the City Clerk to record the Notice of Completion and re I ease bonds, and directed the Utilities and Ma? ntenance Department to commence ma1 ntai ni ng the public streets associated with the subdivision. 4. AB #lo,037 - ESTABLISHMENT OF ANNUAL PERMIT FEE FOR WORK BY UTILITY COMPANIES IN THE PUBLIC RIGHT-OF- WAY. Thls item was removed from the Consent Calendar. 5. AB #lo,038 - PARKS AGREEMENT SUBROGATION - LA COSTA RANCH COMPANY/F I ELDSTONE. Counci f adopted RESOLUTION NO. 89-158, approvi ng an agreement between the Con-t i nental Bank NA and the City of Carlsbad; subordinating the 1988 Parks Supplement with the La Costa Ranch Company (Fieldstone), and authorizing the Mayor to execute said agreement. 6. AB #lo,039 - APPROVAL OF PLAN CHECK CONSULTANT LIST AND AGREEMENTS. Counci I adopted RESOLUTION NO. 89-159, approving consu ltant agreements with Lawrence B lack and Associates, Ralph Stone and Associ al-es and KTUBA, for landscape and irrlgatlon p Ian checking and inspection services, and authorizing the maintenance of a list of quallf ied plan check consu Itants. 7. AB #lo,040 - ACCEPTANCE OF QUITCLAIM DEED FROM AT8SF RAILWAY COMPANY - FUTURE AVENIDA ENCINAS. Counci I adopted RESOLUTION NO. 89-160; accepting a quitclalm deed from the Atchison, Topeka and Santa Fe Rai lway Company for property for right-of-way purposes on Avenida Enci nas. 101) 8* AB #lo,041 - REVISION OF FARE SCHEDULES - YELLOW AB COMPANY . Counci I adopted RESOLUTION N0.A 89-l 61, amend? ng Resolution No. 6498, as amended by Resolution No. 8823, issuing a Certificate of Convenience and Necessity to Yel low Cab Company of San Diego, Incorporated; to revise the schedule of fares. 0 0 MINUTES (50) (84) (73) May 23, 1989 I\\ %p%,Z Page 3 COUNCIL /o $% MEMBERS 5 8 5 CONSENT CALENDAR: (Continued) 9. AB #10,042 - REVENUE AND EXPENDITURE STATUS REPORT - APRIL 30, 1989. Counci 1 accepted the staff report on the status of revenues and expenditures as of April 30, 1989. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. AB #10,034 - PURCHASE OF LANDSCAPE MATERIAL. Counci I Member Larson stated he noticed the landscaping for the streetscapes included Southern Magnolia trees and he asked how the selection process was handled. Dave Bradstreet, Parks and Recreation Director, explained that the architect met with the park superintendent and park planner to discuss the different varieties of trees. The Magnol i a trees were se lected to form a canape over the street eventual ly. They are heat and moisture resistant and grow we1 l in coastal climates. Mr. Bradstreet stated they do not have surface root problems, which is important in the downtown area. Counci I Member Larson sal d they are magni f icent trees, but from experience he knows that they drop leaves constantly, particularly in the summer, and he felt the maintenance on these trees might be overwhelming. Mr. Larson asked staff to review the selection of the Magnolia trees and recommended continuing this item for two weeks. Counci 1 continued the selection of the Wagnol ia trees Lew i s X for the streetscape landscaping for two weeks. Kulchin X Pett i ne X Mamaux X Larson xx 4. AB #10,037 - ESTABLISHMENT OF ANNUAL PERMIT FEE FOR WORK BY UTILITY COMPANIES IN THE PUBLIC RIGHT-OF- WAY. - Counci I Member Mamaux commented that this Resolution wou I d el i mi nate the paperwork necessary each time one of the utility companies has to do work in the public rights-of-way, and would result in a saving of staff time. Counci I adopted the fol lowing Resolution: Lewis X Kulchin X RESOLUTION NO. 89-157, ESTABLISHING ANNUAL UTILITIES Pett i ne X RIGHT-OF-WAY PERMIT FEES. xx Mamaux L arson X Ik! / A @ .. 0 0 MINUTES (113) May 23, 1989 Page 4 COUNCIL I\/\ %$%$ MEMBERS + tp + 8 ORDINANCE FOR INTRODUCTION: 10. AB #10,052 - AMENDMENT TO MASTER PLAN TO ALLOW MINOR ACCESSORY STRUCTURES WITHIN THE REAR YARDS OF FAMILY LOTS - MP-157A - SAMMIS- 1 Mayor Lewis ca I led attention to Sect ion 3 under Findings; which states that the Master P Ian Amendment is consistent with the Carlsbad General Plan and with Section 21.38.120 of Title 21, which regulates amendments of Master Plans. Counci I Member Larson stated he wou Id I ike to include the lot numbers that Mr. Sammis or his fami ly sti 1 I control. Any lots that he owns as of today wou Id have to have trees on them. City Attorney Vincent Biondo stated that the ordinance would include the lot numbers or lots owned by Mr. Sammls or under his control as of the effective date of the ordinance. Counci I Member Pettine stated he was opposed to that and would recommend that item be continued. He said he was agreeable to the remainder of the clause, but felt the owners had a right to put the structures in their yards without having to place trees there. He referred to lines 22 through 25 on page 2 of the Ordinance, wh ich reads: "I f the trees in the tra i I are not approved by the Coasta! Commission, then the accessory structures with in the rear yards permitted by this amendment sha I 1 only be al lowed if the property owner agrees to install and maintain trees and get prior approval by the Planning Director of a landscape p Ian for the rear yard which includes the trees." Counci I introduced the fol lowing Ordinance: Lew is X Kulchin X ORDINANCE NO. NS-71, AMENDING ORDINANCE NO. 9778 AND LOTS. THE REAR YARDS OF PHASE 1 SINGLE FAMILY LAGOON EDGE X Larson EDUCATIONAL PARK TO ALLOW ACCESSORY STRUCTURES WITHIN xx Mamau x MASTER PLAN MP-175 FOR THE BATIQUITOS LAGOON X Pett i ne Counci 1 directed staff to appear before the Coastal Lewis X Commlssion in connection with the amendment seeking Ku Ich in X approva 1 of the addition of trees. Pett i ne X Mamaux X Larson xx PUBL I C COMMENT: Seena Trigas, 6430 F lami nco Street, stated that Assembly Bit 1 2460 would prohibit any development unless there were adequate faci lities, including schools. She commented that the State was final ly catching up wlth Carlsbad in this respect, and she asked Counci 1 to send a letter to Assemb lyman Frazee in support of this bl 1 I. Mrs. Trigas re-emphasized the need for this type of legislation, stating it should be statewide and not just city by city. IViPl, .. e 0 MINUTES (20) (26) (98) (70) *% May 23, 1989 Page 5 MEMBERS COUNCIL \\ % Z. ?$,%$, @ Z. d PUBLIC HEARINGS: 11. AB #10,043 - INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR PORTIONS OF POINSETTIA LANE. City Engineer Lloyd Hubbs gave the staff report as contained in the Agenda Bi I 1. Transparencies of the Location map and the four parcels in this action were shown. Mayor Lewis opened the Public Hearing at 6:32 p.m., and i ssued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. I t was noted that those who had previous 1 y f i led written requests to speak were not present to address Counci 1 regarding the matter. Counci 1 adopted the fol lowing Resolution: Lew i s X Kulchin X RESOLUTION NO. 89-162, AUTHORIZING AND DIRECTING THE Pett i ne X CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE Mamaux xx CITY OF CARLSBAD AND DECLARING THE PUBLIC NECESSITY Larson X THEREOF, retaining special Counsel, and approving deposits with the Court. 12. AB #10,044 - STREET NAME CHANGE FROM MlSlON ESTANCIA TO CAMINO DE LOS COCHES - SNC-24. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bi 1 1. Mayor Lewis opened the Public Hearing at 6:35 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Counci 1 adopted the fol lowing Resolution: Lew i s X Kulchin xx RESOLUTION NO. 89-163, CHANGING MlSlON ESTANCIA TO Pett i ne X CAMINO DE LOS COCHES PURSUANT TO CITY COUNCIL POLICY Mamaux X Larson NO. 20. X DEPARTMENTAL AND CITY MANAGER REPORTS: 13. AB #10,045 - CITIZEN REQUEST - NORTHWEST QUADRANT PARKS. Don Jackson, 260 Normandy Lane, representing a group of citizens in the Northwest Quadrant, referred to a I etter to the Counci I dated May 1 1 , 1989, signed by the citizens asking for an ad hoc committee of citizens from the Northwest Quadrant to work with the Parks and Recreation Commission and staff to develop a specific five-year plan for parks in the Northwest Quadrant. Mr. Jackson said that school land was counted at 100 percent in that Quadrant, and that land is on I y available 40 percent of the time. He added that there is some City-owned land in the Northwest Quadrant, lagoons and forests that might afford an opportunity for creative park sites. /39 .. 0 0 MINUTES May 23, 1989 Page 6 /\/\ COUNCIL ?&?&$ MEMBERS 2. 6 2. 6 .DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mario Monroy, 3610 Carlsbad Boulevard, stated these citizens went to the County Assessor's office and found a1 1 the land owned by the City of Carlsbad. They identified some parcels that might be used for parks and some land that the City cou Id sel I, lease or trade for funds for purchasing land. He referred to the four or five acres by the duck land i ng at the Buena V ista Lagoon; the Buena Vista Reservoir; land where the City yards are located at the end of Oak Street, and the Hard i ng Street Sen ior Center area. Mr. Monroy mentioned the park-in-I ieu funds avai table and the PFF as a source of add it ional fund i ng. Jim Gaiser, 3340 Ridgecrest Drive, continued this presentation, stating if this request went through the pub I ic hearing process, a year wou Id be lost, and that was why these citizens were requesting the establishing of an ad hoc committee of Northwest Quadrant residents to work with staff and the Parks and Recreation Commission to refine the five-year park plan for that Quadrant. This would not be a permanent committee-- just six months, with volunteers. Mr. Gaiser requested that the Parks and Recreation Element review be delayed until the committee report is made and that both be done at the same time. He also stated they wanted annua I fund i ng to initiate any five- year plan ultimately adopted. The citizens group also would like consideration if a consultant or professional was necessary to assist staff. Tony Lawson, 2195 Basswood Avenue, stated he was speak i ng for himsel f , a1 though he was a member of the Parks and Recreation Commission. He spoke in favor of the ad hoc comrn ittee and staff recommendat ion. Mr. Lawson encouraged the review of the Parks and Recreation Element as it exists, stating that any adjustments could be hand led in an addendum later. Mr. Lawson stated the Parks and Recreation Commission wanted to work with this group from the Northwest Quadrant and had requested their sub-committee to work with them to address their concerns. I n answer to Counci I query regard i ng delaying the review of the Parks and Recreation Element, the City Attorney stated he wou Id recommend against that, as the element cou Id be amended three times a year. Council Member Mamaux stated that there was a misunderstand i ng about the P IL fees and the sub- committee could resolve the problems. Counci I Member Larson said this group and the Parks and Recreation sub-committee would work together and make recommendations to the Parks and Recreation Commission. He did not favor delaying the review of the Parks and Recreation Element. He said the property the City owns in this Quadrant is tied into different things and it is not quite as simple as selling or trading land. /78 -. 0 e MINUTES (105) May 23, 1989 Page 7 ,DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis stated he would write a letter to the Chairperson of the Parks and Recreation Commission asking for an ad hoc group to work with these citizens. He also concurred that the Element should not be delayed. Counci I , by consensus, determined that the Parks and Recreation Commission should select a sub-committee to work with staff and representatives of the Northwest Quadrant Group to develop a specific five-year plan for parks in the Northwest Quadrant. 14. AB #10,046 - PROJECT SELECTION FOR ENTITLEMENT FUNDS - FIFTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. I Patty Cratty, Senior Management Analyst, gave the staff report as contained in the Agenda Bi 1 I. The I i st of projects was shown on a transparency and shown by preference on Exhibit 3 in the Agenda Bill. John Burnett, 1970 E. Vista Way, Vista, representing the North County Seniors in Action, referred to a I etter written to Counci I last week ask i ng for community support for their programs. Alex Verduci, 4070 Mission Avenue, San Luis Rey, representing Casa de Amparo, asked for funds for one bed for one year, stating their center is the on I y one for abused chi ldren in the County. In answer to Councll query, the City Manager stated that $12,000 has been included in the budget for Casa de Amparo. Stephen Densham, 3965 Monroe, Chairman of the Housing and Redeve I opment Adv i sory Committee, stated the Committee was working on a master plan for the redevelopment area. He said the projects were presented in the order of priority given them by the Comm i ttee. Manuel Val dez, 3603 Ames P 1 ace, representi ng the Carlsbad Boys and Girls Club, told of the need for a sprinkler system in the club, and asked for Council cons ideration of their request. Bill Saylor, 751 Crestview Road, Vista, representing the Boys and Girls Club of Carlsbad, told of the increase in the use of the swimming pool. He said the building is a wooden structure and they have been told to spr i nk I er the pool facility to provide a safe environment. COUNCIL /\k %P 4 C9 )r 9 MEMBERS % %% The .consensus of the Council was to use the block grant funds for the street drain on Oak and Roosevel t; Casa de Ampara one bedroom for a year and the handicap access. Council adopted the following Resolutions: (one motion) RESOLUTION NO. 89-164, SELECTING SPECIFIC PROJECTS FOR FUNDING UNDER THE 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. RESOLUTION NO. 89-165, APPROVING A STATEGY FOR THE - BLOCK GRANT PROGRAM. Lew is Kulchin Pett i ne Mamaux Larson X X X x X X M? I Ill L $ .. 0 0 (70) (63) (45) :64) MINUTES S% May 23, 1989 Page 8 MEMBERS COUNCIL \\ ?&9gss 5 rF 5 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 15. AB #10,047 - DEDICATION OF FLAGPOLE AT HOLIDAY PARK AND DONATION OF HAND-SEWN FLAG. Council Member Kulchin stated that the City lost Anthony Palmesi recently, and that he had wanted a flagpole in Holiday Park. The flagpole has been placed in the Park and is to be dedicated to his memory. Robert SUI I ivan, Secretary of Chapter 31 of the Pear I Harbor Survivors Association, presented a hand-sewn f lag. Mrs. Ku lch in accepted the flag and said the flag wi 11 be held unti I the flagpole is dedicated, and the Chapter members are present. 16. AB #10,053 - PURCHASE OF LAND FOR NEW CARLSBAD L I BRARY. Council Member Kulchin at first abstained from discussion on this item, but returned to the dais, stating the City Attorney had been informed by the FPPC that her participation would not create a conflict of i nterest. Frank Mannen, Assistant City Manager, gave the staff report as contained in the Agenda Bill. Counci 1 adopted the fol lowing Resolution: tew i s X Kulchin X RESOLUTION NO. 89-173, APPROVING A PURCHASE AND SALE Pett i ne X AGREEMENT FOR REAL PROPERTY AS THE SITE FOR THE Mamaux xx CARLSBAD CITY LIBRARY, AND APPROVING RECIPROCAL PARKING X Larson EASEMENTS WITH CARLSBAD RETAIL ASSOCIATES. 17. AB #10,048 - STREET LIGHTING DISTRICT #1 - INCLUSION OF LANDSCAPING PORTION OF LANDSCAPING AND LIGHTING ACT OF 1972. Ralph Anderson, Uti I ities/Maintenance Director, gave the i nitia 1 staff report, asking Counci I to order the preparation of the required Engineer's "Report". Counci I adopted the fol lowing Resolution: Lew i s X Kulchin xx RESOLUTION NO. 89-166, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION X Pett i ne X Larson OF AN ENGINEER'S "REPORT" FOR A SPEC I AL MA I NTENANCE X Mamaux D [STRICT. Virginia McCoy, Electrical Operations Supervisor, continued the report explaining the lighting assessments for the Maintenance District. Council adopted the following Resolution: Lew i s X Kulchin X RESOLUTION NO. 89-167, APPROVING THE ENGINEER'S Pett i ne X "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF Mamaux xx ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT. Larson X City Manager Ray Patchett called attention to the change in the date of the Public Hearing frm June 13 to June 20, 1989. / 3 4; L.. 0 0 MINUTES (87) (67) :28) May 23, 1989 Page 9 I\/\ COUNCIL ?& 9+%$ MEMBERS .;t 8 Z. 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Counci I adopted the fol lowing Resolution: X Larson ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND X Mamaux PROVIDE FOR AN ANNUAL LEVY AND COLLECT1 ON OF X Pett i ne RESOLUTION NO. 89-168, DECLARING ITS INTENTION TO xx Ku Ich in X Lew i s SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. 18. AB #10,049 - PROPOSED RELOCATION OF REGIONAL JUSTICE FACILITY. Jim Gaiser, 3340 Ridgecrest Drive, urged Council to support leavl ng the North County Regional Justice Facility in Vista. He said the cost of relocating the courts to Escond ido wou Id cause citizens of Car lsbad to pay more in terms of travel costs and additional time needed to travel Highway 78 to Escond ido. Counci I adopted the fol lowing Resolution: Lew i s X Kulchin xx RESOLUTION NO. 89-169, OPPOSING THE PROPOSED RELOCATION Pettine X OF REG I ONAL JUST I CE FAC I L I TY . Mamaux Larson X X 19. AB #10,050 - AMENDMENT OF CARLSBAD MUNICIPAL CODE TO ADD CONDITIONAL SENTENCING AND PROBATION AS A SENTENCING OPTION. Staff report was given by the City Attorney as contained in the Agenda Bill. Counci I introduced the fo I I owing Ord i nance: Lew i s X Kulchin X Larson SENTENCING AND PROBATION AS A SENTENCING OPTION. X Mamaux THE CARLSBAD MUNICIPAL CODE TO ADD CONDITIONAL xx Pett i ne ORDINANCE NO. NS-70, AMENDING TITLE 1, CHAPTER 1.08 OF X 20. AB #10,051 - PERSONNEL BOARD APPOINTMENTS. Council adopted the following Resolutions: (one motion) Pett i ne RESOLUTION NO. 89-170, APPOINTING ALVIN WEINROTH TO X Kulchin xx Lewis X Larson X Mamaux THE CARLSBAD PERSONNEL BOARD. X RESOLUTION NO. 89-171, REAPPOINTING JERE KIMBRELL TO THE CARLSBAD PERSONNEL BOARD. RESOLUTION NO. 89-172, REAPPOINTING PAUL NEWMAN TO THE CARLSBAD PERSONNEL BOARD. COUNCIL REPORTS: Counci I Members reported on recent meeti ngs and activities of the Committees and Sub-Committees of wh ich they are Members. CITY MANAGER COMMENTS: City Manager Ray Patchett announced there wou Id be no Council Meeting next Tuesday, May 30, 1989. / ‘7 6 e e MINUTES May 23, 1989 Page 10 CLOSED SESSION: (41) 21. CLOSED SESSiON PENDING LITIGATION. Council adjourned to a Closed Session at 8:48 p.m., to discuss the Kooker v. Standard Pacific pending I itigation, Case N30635. Counci 1 re-convened at 9:09 p.m., and Mayor Lewis announced that Council had instructed the City Attorney ADJOURNMENT: By proper mot i on, the Meet i ng of May 23 , 1989, was adjourned at 9:09 p.m. Respectfu I ly submitted, $"---& eputy City Clerk Harriett Babbitt Minutes Clerk 13y s36, COUNCIL 0 e% @ MEMBERS \\ 3 * 9A% 8 Z. % 6' Lewis X Larson X Mamaux X Pett i ne X Kulchin xx