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Home My WebLink About1989-06-06; City Council; Minutes0 e MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: June 6, 1989 Time of Meeting: 6:OO p.m. Place of Meeting: City Counci I Chambers COUNCIL \\ % y$%%&, MEMBERS 2. 6 2. 6 CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as fol lows: *% Present: Counci 1 Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Kufchin. PRESENTATIONS: Barbara Miles, Chair of the Big Bang Committee, stated that on beha 1.f of Bob N ielsen and herself , she wanted to thank Council for supporting the fireworks display and the barbecue, and designating June 24, 1989, as Carisbad Annual Picnic Day. Ms. Mi I.es stated that there wou Id be a dedication of the f lagpo le in Hol i day Park to honor Tony Pa lmes i . Ms. Miles distributed T-shirts to Counci 1 Members. Bob Nielsen also thanked Counci I Members for their support. Marsha Payne, Acting Personnel Director, presented Helen Erzak with a $40 Suggestion Award; Gary Dohrer with a $50 .OO Award, and Jane1 I Cannon with a $50 Award for the winning logo for the Suggestion Award Program. Mayor Pro Tern Ku Ich i n introduced %off Bowman of S .A.F .E. , who gave an update on the ca I 1, boxes a long the freeways in San D lego County. Mr. Bowman used a ca 1 I box as part of his presentation, demonstrating how they are used. Vesna Grubic, representing the Del Mar Fair, gave the dates for the Fair, June 16 - July 4, 1989, and gave the program for Carlsbad Day, Ju 1.y 3rd. APPROVAL OF MINUTES: (One Motion) Minutes of the Regular Meeting held May 16, 1989, were Lewis X approved as presented. Kulchin xx Pett i ne X Minutes of the Adjourned Meeting held May 22, 1989, Mamaux X were approved as presented. Larson X CONSENT CALENDAR: Counci 1. affirmed the action of the Consent Calendar, Lewis X as follows: Ku Ich i n xx Pett i ne X Mamau x X Larson X WAIVER OF ORDINANCE TEXT READING: Counci I waived the reading of the text of al I Ordinances and Resohtions at this Meeting. lYCi e '0 MINUTES (92) (45) (99) (81) (41) (99) (99) (51) June 6, 1989 Page 2 COUNCIL /\I\ % 9$%$ MEMBERS c;t t~ c;t 8 CONSENT CALENDAR: (Continued) 1. AB #10,054 - CENTRALIZATION OF ENCINA INDUSTRIAL PRETREATMENT PROGRAM. Counci I adopted RESOLUTION NO. 89-174, adopting amendments to the Encina Joint Powers Basic Agreement centralizing the industria! pretreatment program. 2. AB #10,055 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - MS 730 AND MS 736 - PD 288 - (OLSEN/MELLGREN). Council accepted improvements, authorized the City Clerk to record the Notice of Completion, release securities, and directed the Utilities and Maintenance Department to commence maintaining the pub! ic streets associated with the subdivision. 3. AB #10,056 - ACCESS RIGHTS TO CADENCIA STREET AND DENYING ACCESS RIGHTS TO VENADO STREET - CT 72-20. Counci I adopted RESOLUTION NO. 89-1 75, accept i ng a deed from Cypress Abbey Corporation relinquishing access rights to Venado and approving a quitclaim granting access to Cadenci a for Lot 473 of CT 72- 20. 4. AB #10,057 - APPROVAL OF SETTLEMENT AGREEMENT WITH SOUTHLAND PAV I NG, I NC., REGARD I NG IMPROVEMENTS TO ELM AVENUE AND EL CAMINO REAL - PROJECT NO. 3230. Counci I adopted RESOLUTION NO. 89-1 76, approving a settlement agreement with Southland Paving, I ncorporated, regard i ng improvements to E 1 rn Avenue and E I Cami no Real, Project No. 3230. 5. AB #10,058 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - PEA SOUP ANDERSEN'S - PASEO DEL NORTE - PD 224. Counci I accepted improvements, authorized the City Clerk to record the Notice of Completion, release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public i mprovements associ ated w ith the project. 6. AB #10,059 - ACCEPTANCE OF PUBLIC IMPROVEMENTS OF PANNONIA UNITS 1 AND 2 (ONSITE AND OFFSITE) - CT 85- 18. Counci 1 accepted improvements, authorized the City Clerk to record the Notice of Completion, release bonds, and directed the Utilities and Maintenance Department to commence mi ntai ni ng the pub I ic streets associated with the subdivision. - 7. AB #10,061) - AUTHORIZIATION FOR FIRE CHIEF TO TRAVEL OUT OF STREET. Counci I authorized Fire Chief Jim Thompson to travel to Tucson, Arizona, to attend a four-day Fire Chiefs' education conference. IC18 0 0 June 6, 1989 MINUTES Page 3 ( PUBL 1 C COMMENT: Harold Clarke, 824 Caminito Del Reposo, spoke in opposition to the granting of a CUP to the Jobe Gay Auto lmmpound Yard at 3267 Tyler Street, stating this bus1 ness does not meet the four f i ndi ngs necessary for a CUP. Mr. Clarke stated that the illegal parking on Tyler Street is dangerous to the chi 1 dren walking in the area and the granting of th is CUP w i i I sadd le the Redevelopment Area with problems for the rest of this century. ORDINANCES FOR ADOPTION: 113) 8. AB #10,052 - AMENDMENT TO MASTER PLAN TO ALLOW MINOR ACCESSORY STRUCTURES WITHIN REAR YARDS OF ALL PHASE I BATIQUITOS LAGOON BLUFF EDGE SINGLE FAMILY LOTS - MP-175A - SAMMIS. Henry Thompson, 330 Chestnut Avenue, spoke in opposition to this Ordinance, stating that it would a l low p I acement of accessory structures, not in the rear yards, but within the 45-foot open space owned by the City of Carlsbad and designed to provide a buffer between the development and the lagoon. He said the City was giving away open space owned by it in contradiction to an announced policy of having a moratorium on this. Mr. Thompson said this action would have a negative effect on the environment and makes a mockery of the intent of the California Environmental Act. City Attorney Vincent Biondo stated this matter was fully considered by the Planning Commission and City Council at public hearings, and that the City is not giving away open space. Mayor Lewis stated that he wanted a correction of the statements made by Mr. Thompson in that Carlsbad was not giving away any open space. Council Member Pettlne stated that Mr. Thompson was probably referring to the 45-foot setback that was to be without structures; but unfortunately the homes were built up to the limit of the setback, requiring the owners to construct structures in it to have reasonable use of their backyards. Council adopted the following Ordinance: ORDINANCE NO. NS-71, AMENDING ORDINANCE NO. 9778 AND MASTER PLAN MP-175 FOR THE BATIQUITOS LAGOON EDU- CATIONAL PARK TO ALLOW ACCESSORY STRUCTURES WITHIN THE REAR YARDS OF PHASE I SINGLE FAMILY LAGOON EDGE LOTS. Council Member Pettine stated he voted in the affirmative, but opposed the condition beginning on 1 ine 22 of Page 2 of the Ordinance which wou Id require homeowners to instal 1 and maintain trees in their rear yards. IY? c +% MEMBERS COUNCIL \\ % Z. ?&%+ rz, Z. t$ Lewis X Larson xx Marnau x X Pett i ne X Kulchin X e 0 MINUTES June 6, 1989 Page 4 ORDINANCES FOR ADOPTION: (Continued) 9- AB #10,050 - AMENDING THE CARLSBAD MUNICIPAL CODE TO ADD CONDITIONAL SENTENCING AND PROBATION AS A SENTENCING OPTION. Counci 1 adopted the fol lowing Ordinance: ORDINANCE NO. NS-70, AMENDING TITLE 1, CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL CODE TO ADD CONDITIONAL SENTENCING AND PROBATION AS A SENTENCING OPTION. PUBLIC HEARING: 10. AB #l0,061 - ZONE CHANGE, TENTATIVE TRACT MAP, AND HILLSIDE DEVELOPMENT PERMIT - ZC 341/CT 85-34/HDP 88-19 - VIEWPOINT. Mike Holzmi I ler, Planning Director, gave the staff report as contained in the Agenda Bill. He used transparencies and sl ides to describe the property and design of the project. Referencing a handout titled Viewpoint", he explained why staff felt this project was significant. Mayor Lewis opened the Public Hearing at 7:OO p.m., and issued the invitation to speak. T COUNCIL \F %PA "0 $, % MEMBERS Z. 6 $ Lewis X Larson X Mamaux X Pett i ne xx Kulch in X Wes Mudge, 41 41 Jut land Drive, Suite 21 5, San D iego, representing the applicant, stated they agreed with all the conditions and thanked staff for their assistance. Since no one else wished to speak on this matter, the Public Hearing was closed at 7:04 p.m. Counci I Member Larson referenced Condition #19 and stated he would like it changed to include a stipuiation that the open space must remain as open space. Counci I directed the City Attorney to prepare documents approving CT 85-34, HDP 88-1 9 and the Mitigated Negative Declaration, and introduced the following Ordi nance: ORDINANCE NO. NS-72, AMENDING THE ZONING MAP FROM L-C L I MI TED CONTROL TO R-l-7,500 Q AND OPEN SPACE ON APPROXIMATELY 40.5 ACRES OF PROPERTY LOCATED 1,000 FEET NORTHWEST OF THE INTERSECTION OF ALGA ROAD AND EL CAMINO REAL, with the amendment of Condition #19 to stipulate not only the maintenance requirement for the open space lots, but also that those lots are to be maintained as permanent open space. DEPARTMENTAL AND CITY MANAGER REPORTS: I 11. AB #10,062 - CHILD CARE COMMISSION. I Jim Hagaman, Research/Analysis Director, gave the staff report as contained in the Agenda Bi I I. Lew is Kuichin Pett i ne Mamau x Larson X ~ X X X X X p(Q k '% a 0 MINUTES (99) <29) COUNCIL I\\ %PA 0 L8 8 June 6, 1989 Page 5 MEMBERS % $?b I DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council Member Mamaux questioned whether the budget should include funds for land acquisition. Mr. Hagaman stated the Commission wou 1 d be doing a needs assessment in each quadrant, and the funding issue could be determined at that time. Ju I ie Nygaard, 3405 Spanish Way, speaking on behalf of the Chi 1 d Care Committee, the fami 1 ies and chi Idren, thanked Council for establishing the Commission. In answer to Council query regarding the "Sunset Clauseff, Mrs. Nygaard stated four years should be sufficient for the Commission to comp lete their tasks. In response to Council query, the City Manager, Ray Patchett, stated contract services would be appropriate to consider for staffing. He said he would prepare an issue statement for consideration with the budget concerning contract staffing. Council introduced the following Ordinance: ORDINANCE NO. NS-73, AMENDING TITLE 2 OF THE CARLSBAD MUN IC I PAL CODE BY THE ADD IT I ON OF CHAPTER 2.30 CREAT I NG A CHILD CARE COMMISSION. At this time, Item #14 was taken out of order. 14. AB #10,064 - ADOPTION OF ORDINANCE REGULATING STORAGE AND DISPOSAL OF MEDICAL WASTE. Chuck Pryatel, Field Operations Coordinator, County of San Diego Health Services Department, gave the report as contained in the Agenda Bill. Lew is Kulchin Pett i ne Mamau x Larson Council set this matter for public hearing on June 27, 1989, and introduced the following Ordinance: ORDINANCE NO. NS-74, AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE BY THE ADOPTION OF SECTION 6.02.01 7 TO ADOPT BY REFERENCE THE RECENTLY ADOPTED SAN D lEGO COUNTY CODE OF REGULATORY ORD INANCES FOR THE REGULATION OF THE STORAGE AND DISPOSAL OF MEDICAL WASTES. 12. AB #10,063 - 1989-90 OPERATING AND 1989-90 BU ILDOUT CAPITAL IMPROVEMENT PROGRAM BUDGETS. Debbie Neville and Sandra Schmidt presented the Capital and Operating Budgets for 1989-90, with presentations by the fol lowing Department Heads: CI ifford Lange, Library Director Jim Thompson, Fire Chief Bob Vales, Police Chief Ralph Anderson, Uti lities/Maintenance Director Chuck Wa I den, Maintenance Manager Davi d Bradstreet, Parks and Recreation D irector (report given by Keith Beverly) Lee Rautenkranz, Information Systems Director Councll Member Kulchin left the meeting at 9:ZO p.m. 13. Number Not Used. Lew i s Ku lch in Petti ne Mamaux Larson X X X X X X X xx X X X IT5 I Ill A @ a 0 MINUTES :41) June 6, 1989 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 14. AB #10,064 - ADOPTION OF ORDINANCE REGULATING STORAGE AND DISPOSAL OF MEDICAL WASTE. This item was taken out of order. (See page 5) CLOSED SESSION: 15. CLOSED SESSION PENDING LITIGATION. Council adjourned to a Closed Session at 9:32 p.m., to discuss the Havens v. Wul lkotte pending litigation, case number 584326, pursuant to Government Code Section 54956.9(a). Counci I re-convened at 9:52 p.m., with four Counci I Members present and Councl 1 Member Ku Ich in absent. Mayor Lewis announced that Council had instructed the City Attorney re the matter. ADJOURNMENT: By proper motion, the Meeting of June 6, 1989, was adjourned at 9:53 p.m. Respectfully submitted, &?Lzh+ %?. 6?cz32”) ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Mi nutes C lerk Iyy I +-% MEMBERS COUNCIL \\ %y!s% + tp .Z. 8 Lew is X Larson X Mamau x X Pett i ne xx