Loading...
HomeMy WebLinkAbout1989-06-20; City Council; Minutes(92) (50) 0 0 MINUTES Meet i ng of : CITY COUNCIL (Regular Meeting) Date of Meeting: June 20, 1989 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers 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: Counci I Members Lewis, Pettine and Mamaux. Absent: Council Members Kulchin and Larson. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Mamaux. PRESENTAT I ONS : Mayor Lewis read a Proclamation proclaiming Saturday, June 24, 1989, "LAGOON & FOREST CLEAN-UP DAY". The Proclamation was accepted by Dan Hammer. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held May 23, 1989, were approved as presented. Minutes of the Regular Meeting held June 6, 1989, were approved as presented. CONSENT CALENDAR: Mayor Lewis requested I tern #10 be removed from the Consent Calendar, and Counci I Member Mamaux requested I tern #13 be removed. Council affirmed the action of the Consent Calendar, with the exception of Items #IO and #13, as fol lows: WAIVER OF ORDINANCE TEXT READING: Counc i I waived the read i ng of the text of a I I Ordinances and Resolutions at this Meeting. 1. AB #10,065 - APPROVAL OF OUT-OF-STATE TRAVEL FOR THE EFJPA CHAIRMAN, FINANCE DIRECTOR AND EAA REPRESENTATIVE. Council adopted RESOLUTION NO. 89-177, authorizing the EFJPA Chairman, City Finance Director, and one EAA Representative to travel out-of-state to New York to meet with bond-rati ng agencies and insurance companies, with all costs to be reimbursed from the bond issue. 2. AB #10,066 - APPROVAL OF OUT-OF-STATE TRAVEL AND TRAINING. Council adopted RESOLUTION NO. 89-178, authorizing out-of-state travel and training expenses for the Finance Director to attend the Government Finance Officer's Association Institute at Syracuse University, New York, August 13-18, 1989. /A 9, COUNCIL /\k % %' % MEMBERS % I %% Lewis xx Mamaux X Pett i ne X Lew i s xx Mamaux X Pett i ne X -." h @ ., 0 0 MINUTES June 20, 1989 Page 2 I I I CONSENT CALENDAR: (Continued) I (97) 3. AB #10,067 - SENATE BILL 140 - ADDITIONAL APPLICATION FOR ARTERIAL FUNDING. I Counci 1 adopted RESOLUTION NO. 89-179, authorizing the City Engineer to make application to CalTrans for Senate Bill 140 funding for certain arterial street improvements. (99) 4. AB #10,068 - ACCEPTANCE OF A COVENANT FOR EASEMENT FOR DRAINAGE PURPOSES - MINOR SUBDIVISION 768A. Counci 1 adopted RESOLUTION NO. 89-1 80, accepting a Covenant for Easement for drainage purposes on Cynthia Lane from Ceci I and lola Oathout. I (99) 5. AB #10,069 - ACCEPTANCE OF A GRANT DEED FOR PUBLIC ROAD PURPOSES - LAGUNA SHORES - CT 88-01. Counci I adopted RESOLUTION NO. 89-181, accepting a grant deed for public road purposes for a portion of Bay Shore Drive from Nino and Lea Ferraro, Trustees of the Ferraro fami ly trust, Jack and Penelope Spiritos and Basil Spiritos and Montebel lo OB-GYN Med i ca I Group. I (99) 6. AB #10,070 - ACCEPTANCE OF IMPROVEMENTS - CARLSBAD OAK EAST (ONSITE) - CT 74-21 PHASE 2. Council accepted improvements; authorized the City C I erk to record the Notice of Comp let ion and re I ease bonds; and directed the Utilities and Maintenance Department to commence maintaining the public improvements associated with the subdivision. (51) 7. AB #10,071 - PURCHASE OF PHASE II PUBLIC SAFETY 1m) RECORDS MANAGEMENT COMPUTER SYSTEM. Counci I adopted RESOLUTION 89-1 82, approving the purchase of Phase I I - Pub1 ic Safety Computer Records Management System. (111) 8. AB #10,072 - ACCEPTANCE OF A GRANT FROM SAN DIEGO COUNTY WATER AUTHORITY. Counci I adopted RESOLUTION 89-183, ACCEPTING A $26,840 Water Reclamation Technical Assistance Grant from the San Diego County Water Authority. (99) 9. AB #10,073 - ACCEPTANCE OF A GRANT DEED FOR WATERLINE PURPOSES - MI1 PARTNERSHIP PD 311. Council adopted RESOLUTION NO. 89-184, accepting a grant deed from MI1 Partnership for waterline I - purposes adjacent to Dryden Place. I (97) 10. AB #10,074 - AWARD OF CONTRACT FOR CONSTRUCTION OF (45) IMPROVEMENTS TO MANZANO DRIVE - PROJECT NO. 3313. This item was removed from the Consent Calendar. COUNCIL y$ 3 MEMBERS % I /h 1 I v ?% 4b.z b *% (93) (99) (51) (113) (85) (45) (70) (97) (45) 0 0 MINUTES June 20, 1989 Page 3 I CONSENT CALENDAR: (Continued) 11. AB #10,075 - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO BID CONSTRUCTION OF AGUA HEDIONDA SEWAGE PUMP STATION - PROJECT NO. 3303. Council adopted RESOLUTION NO. 89-186, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the construction of improvements and capacity expansion of the Agua Hed londa Sewage Pump Station. 12. AB #10,076 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - VISTA SANTA FE - CT 81-16 UNIT 1. Counci I accepted improvements; authorized the City C lerk to record the Not ice of Cmp letion and re1 ease bonds; and directed Uti 1 i ties and Maintenance Department to cmmence maintaining the public improvements associated with the subdivision. 13. AB #10,077 - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO BID CONSTRUCTION OF CARLSBAD FIRE STATION NO. 6 - PROJECT NO. 3302. This item was removed from the Consent Calendar. 14. AB #10,086 - AMENDED SUPPLEMENTAL AGREEMENT FOR AN ENVIRONMENTAL IMPACT REPORT/MASTER PLAN - EIR 86-2. Counci 1 adopted RESOLUTION NO. 89-192, approving amended agreements between the Fieidstone/La Costa Associates and the City of Carlsbad; and, the City of Car lsbad and STAY I nc., for preparation of an envi ronmental Impact report for the Arroyo La Costa Master Plan project. 15. AB #10,087 - OUT-OF-STATE TWVEL REQUEST,FOR .. ., GARDING BATIGUITOS AND - AQUA: HEDIONDA. LAGOONS. '. ' CONFERENCE @RESENTATIONS+ OF' :TECHNICAL -PAPERS- RE" - .. Council adopted RESOLUTION NO. 89-193, approving request of out-of-state business travel for Gary Wayne and John Cahill to attend the Coastal Zone 89 Conference in Charleston, South Carolina, to make presentation of technical papers regard i ng the Batiqu itos Lagoon Enhancement Project and Agua Hedionda Lagoon Beach Nourishment. ITEMS REMOVED FROM THE CONSENT CALENDAR: 10. AB #10,074 - AWARD OF CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS TO MANZANO DRIVE - PROJECT NO. 3313. Mayor Lewis commented this had been a long battle to have this construction accomplished, and he was pleased to cal I attention to the approval of the contract. Counci I adopted the fol lowing Resolution: I RESOLUTION NO. 89-185, ACCEPTING BIDS AND AWARDING A CONTRACT TO ABC CONSTRUCTION IN THE AMOUNT OF I $72,889.36 FOR THE CONSTRUCTION OF THE IMPROVEMENTS TO MANZANO DRIVE. /h 0 COUNCIL yi$ %PA "0 +$,% MEMBERS Z. $ $ Lewis X Mamaux X Pett i ne xx k *% -. (51) :99) :113) 0 e MINUTES June 20, 1989 Page 4 COUNCIL \! %PA "0 $, 9/ MEMBERS Z. tp $ ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued) 13. AB #10,077 - APPROVAL OF PLANS AND SPEClFlCTlONS AND AUTHORIZATION TO BID CONSTRUCTION OF CARLSBAD FIRE STATION NO. 6 - PROJECT NO. 3302. Council Member Mamaux asked for a staff presentation on thls Item. John Cah draw i ng the stat ill, Municipal Projects Manager, referred to a showing temporary fire station #6, stating that .ion wou Id be in that locat ion from three to five years, and then in the permanent location on Rancho Santa Fe Road, when the permanent alignment has been determ i ned . Council adopted the following Resolution: RESOLUTION NO. 89-187, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE CONSTRUCTION OF TEMPORARY FIRE STATION NO. 6, PROJECT NO. 3302. PUBLIC COMMENT: Jim Smith, 7222 San Bartolo, read a statement from the Carlsbad Recreational Federation thanking Council for their determination shown during the past year to re- evaluate the current recreational needs in the City. Lew i s Pett i ne Mama u x Joan Kind le, 3633 E\ Agu i la Lane, stated she had contacted each Council Member to express her d isappointment in the funding pattern Tn the C. I .P. for Carrillo Ranch. Mrs. Kindle said she would appear next Tuesday with a prepared statement on behalf of Carrillo Ranch, and she asked Counci I to keep an open mind on any d eci s ion regard i ng Carr i I lo Ranch untT I they have heard her out. ORDINANCES FOR ADOPTION: 16. AB #10,078 - ZONE CHANGE, TENTATIVE TRACT MAP AND HILLSIDE DEVELOPMENT PERMIT - ZC 341/CT 85-34/HDP 88-19 - VIEWPOINT. Council adopted the following Resolution and Ord I nance: (one mot ion 1 RESOLUTION NO.89-188, APPROVING A 90-LOT TENTATIVE TRACT MAP (CT 85-34). HILLSIDE DEVELOPMENT PLAN (HDP 88- 19 I AND A MI TI GATED NEGAT I VE DECLARATION ON 40.5 ACRES ON PROPERTY GENERALLY LOCATED APPROXIMATELY 1,000 FEET NORTHWEST OF THE INTERSECTION OF ALGA ROAD AND EL CAMINO REAL. ORDINANCE NO. 89-188, AMENDING THE ZONING MAP FROM L-C LIMITED CONTROL TO R-1-7.500 0 AND OPEN SPACE ON I APPROX I MATELY 40.5 ACRES' OF PROPERTY LOCATED I, ooo FEET NORTHWEST OF THE INTERSECTION OF ALGA ROAD AND EL I Lewis Pett i ne Mamaux X X X X X X X X CAMINO REAL. IS9 k & 0 0 MINUTES (28) (64) June 20, 1989 Page 5 ~~__~ ORDINANCES FOR ADOPTION: (Continued) 17. AB #10,062 - CHILD CARE COMMISSION. Mayor Lewis requested each Council Member present two names for the Child Care Commission and the entire Council will consider those nominations for final selection by a majority vote. Counci I adopted the fol lowing Ordinance: ORDINANCE NO. NS-73, AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 2.30 CREATING A CHILD CARE COMMISSION. PUBLIC HEARINGS: 18. AB #10,088 - STREET LIGHTING AND LANDSCAPING DISTRICT #1. Mayor Lewis announced that this was the time and place for the pub 1 ic hearing relating to the levy of the annual assessments for costs of maintenance of improvements for Street Llghting and Landscaping District No. 1. City Clerk Lee Rautenkranz announced that notice had been given in the manner and form required by law and a Certificate of Compliance was on file and open for public inspection. - COUNCIL \A %o "0 %p/ A MEMBERS .;t @ .;t Lew is xx Pett i ne X X Mamaux Ra I p h Anderson , Uti I it i es/Ma i ntenance D i rector, presented the lnformai-Ion in the Engineer's Report, as contained in the Agenda Bi 1 I. Mayor Lewis opened the Public Hearing at 6:25 p.m., and issued the invitation to speak, first those citizens in opposition, and then those In favor. Lowell Ponte, 522 Tamarack, addressed Council expressing concern that future Councils might decide to charge for every City service in this manner, which could double the property taxes. He felt this assessment should be placed before the citizens for a vote. City Attorney Vincent Biondo stated that State law a I lows and regu 1 ates what can and cannot be i nc 1 uded in this type of assessment district. Council can ony act i n accordance with that law. Ralph Anderson announced there were no written protests and Mr. Ponte was the on I y verba 1 protest. Since no one else wished to speak on this matter, the Public Hearing was closed at 6:35 p.m. Council adopted the following Resolution: RESOLUTION NO. 89-194, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPEC1 AL MA1 NTENANCE D I STRl CT. 158 Lew i s Pett i ne Mamaux I X X X X b A (113) 0 0 MINUTES June 20, 1989 Page 6 COUNCIL k MEMBERS % \ I PUBLIC HEARINGS: (Continued) 19. AB #10,079 - MASTER PLAN AMENDMENT FOR AREAS 4, 8, 9, 14 AND 24 OF MP 177(A) - AVIARA. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bi 1 1 , explaining the Master Plan conditlon changes requested by the app I icant and the Planning Commission recommendations on same. Mayor Lewis opened the Public Hearing at 6:50 p.m., and issued the invitation to speak. Larry Clemens, representing Hillman Properties, 2011 Palomar Airport Road, expialned that they would comply w 1 th the 20 foot d istance between the two-story structures in areas 4, 8, 14 and 24, by widening the lots. He asked to have the Master P 1 an revised to require compliance with Condition #31 prior to building permit, rather than f ina I map. 1 Since no one else wished to speak on this matter, the Public Hearing was closed at 7:03 p.m. Council Member Pettine asked staff about the consequences if the request regarding the final map were denied, and staff sald this would dejay the school and park sites and the road improvements. Council Member Pettine said he felt this was a ca lcu I at-ed effort by the developer to "put one over" on the staff and Council. He referenced a previous mal ler prepared and distributed by the developer which blamed the City for delaying needed pub1 ic faci llties. Mayor Lewis asked staff whether this applicant was violating Proposltion E in any way, and Mr. Grimm answered "no". For clarification, Council Member Pettine said he was not being critlcal of staff--but critical of this developer specifically. He felt the developer did not act 1 n good faith and put staff and Counci I in an awkward pos It ion. I Council revised the Master Plan to require compliance Mamaux than final map, and Introduced the fol lowing Ordinance: Pettine wlth Condition #31 prior to the building permlt, rather Leu i s ORDINANCE NO. NS-75, REVISING DEVELOPMENT STANDARDS FOR MASTER PLAN AMENDMENT MP-l77(A) FOR THE AVIARA (FORMERLY PACIFIC RIM) COUNTRY CLUB AND RESORT, A MIXED- USE COMMUNITY CENTERED AROUND A HOTEL AND GOLF COURSE ON PROPERTY GENERALLY LOCATED NORTH OF LA COSTA AVENUE BETWEEN 1-5 AND EL CAMINO REAL. IS7 .I 1 \ & p % X b 3% h 1% q! X X x ., (29) (68) :731 0 a MINUTES June 20, 1989 Page 7 COUNCIL /\I\ % %%%$, MEMBERS .Z. 12, .Z. 6 DEPARTMENTAL AND CITY MANAGER REPORTS: 20. AB #10,080 - CARLSBAD CONVENTION AND VISITOR'S BUREAU BUDGET PRESENTATION. Scott L itt le, President of the Car lsbad Chamber of Commerce, and Peder Norby, presented a program for the Carlsbad Convention and Visitor's Bureau, explaining the work done by the Bureau and the benefits to the City. They also outlined the future plans of the Bureau, and told of Increased costs of advertising, and asked for budget adjustments to al low for those i ncreased costs. Kay Christlansen, 2802 Carisbad Boulevard, spoke on behalf of the funds for the Convention and Visitor's Bureau, telling of the benefits of the money that comes f ran the visltors to Carlsbad. Hope Wrisley, 2080 Basswood, representing the Village Merchants, spoke about the importance of visitors to the City and the money brought T nto the City by those vlsitors. She said it was vital to have the Bureau supported to the maximum. Lisa Seamans, 770 Camellia Place, stated she has worked i n the tour ism industry and with the Convent Ton and Visltor's Bureau and strongly supports thelr endeavors. Counci 1 took no action on thls item. RECESS : Mayor Lewis declared a Recess at 7:43 p.m., and Counci l re-convened at 7:51 p.m., with three Members present and Council Members Kulchin and Larson absent. DEPARTMENTAL AND CITY MANAGER REPORTS: (ContTnued) 21. AB #10,081 - REQUEST FOR ABOVE-GROUND FENCE ENCROACHMENT - 2861 CACATUA STREET. Bob Wojcik, Land Review Engineer, gave the staff report as contained in the Agenda Bi 11, using sl Ides to show the property. Joseph NlcosTa, 2861 Cacatua Street, the appellant, addressed Council statlng he was trying to fence the property for a portable spa onsite. The chain link fence would not be visible from the road, and he would use stucco to match the house. Mr. Nicosia said the slope is severe, and what he would I ike to accomp I ish would prevent garbage collecting in that area. Mr. Nicosia stated he was willing to maintaln the T rr igation system and br Ing the fence on the inside of the tree trunks, as he had no plans to take the trees down. ~ i i czn .. m 0 MINUTES (87) (88) (24) (39) June 20, 1989 Page 8 COUNCIL \{I\ % 9$%$ MEMBERS * 6 2. 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) In answer to Council query regarding the use of the ten feet of right-of-way, City Engineer Lloyd Hubbs said that rlght-of-way was a corrldor for sidewalks and utilities. If a fence was in the right-of-way, the pub I ic agency wou Id be required to pay the costs of movl ng the fence. I n response to query, he stated the permit couId contain a condition requiring the homeowner to bear a I I costs in case the City needed to uti I ize that right-of-way. Counci I Member Marnaux stated he bel ieved the pub I ic rlght-of-way should be protected. Therefore, he would oppose the request. Mayor Lewis suggested that the City require the landscaping to siay as it is, with an irrigation system and maintenance of the landscaping on both sides of the fence to be the homeowner's responsibility. Counci 1 approved the encroachment for a fence at 2861 Lew i 5 xx Cacatua Street, subject to conditions requiring Pett 1 ne X retention of exlsting landscaping, irrigation and Marnaux maintenance of the landscaping outside of the fence, and City Engineer approval of the fence design. 22. AB #10,082 - SITING OF CHILDREN'S SERVICE CENTER IN NORTH SAN DIEGO COUNTY. This item was continued to June 27, 1989. 23. AB #10,083 - CONSENT FOR INCLUSION IN THE SAN DIEGO COUNTY VECTOR CONTROL DISTRICT. Frank Mannen, Assistant City Manager, gave the staff report as contal ned in the Agenda Bi i I. Council adopted the following Resolution: Lew i s X Pett i ne xx Marnaux RESOLUTION NO. 89-191, CONSENTING TO THE INCLUSION IN X THE SAN DIEGO COUNTY VECTOR CONTROL DISTRICT ESTABLISHED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTlON 25842.5. 24. AB #10,084 - ADOPTION BY REFERENCE OF COUNTY CODE OF REGULATORY ORDINANCES FOR RABIES AND ANIMAL CONTROL AND REGULATIONS. Councll set the matter for public hearlng on July 11, xx Marnaux X Pett i ne 1989, and introduced the fol lowing Ordinance: X Lewis ORDINANCE NO. NS-76, AMENDING TITLE 7, CHAPTER 7.08 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE RECENTLY REVISED SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES DEAL ING WITH RABIES, ANIMAL CONTROL AND REGULATION. 25. AB #10,085 - REPORT ON CITY INVESTMENTS. Information item containing a report from the City Treasurer on the City Investment Portfolio as of June 1, 1 989. /.c< .. * e June 20, 1989 MINUTES Page 9 COUNCIL REPORTS: Council Members reported on recent meetings and activities of the Committees and Sub-committees of which they are Members. CLOSED SESSION: :741 26. CLOSED SESSION ON EMPLOYEE LABOR NEGOTIATIONS. Counci I adjourned to a Closed Session at 8:50 p.m., to discuss the progress of labor negotiations with the Carlsbad Fire Association and the Carlsbad City Employee Association, and re-convened at 9:16 p.m., with three Members present, and Council Members Kulchin and Larson absent. Mayor Lewis announced that Counci I had instructed the City negotiators regarding meet and confer. ADJOURNMENT: By proper motion, the Meeting of June 20, 1989, was adjourned at 9:16 p.m. Respectfully submitted, w aiCaxcuag ALETHA L. RAUTENKRANZ City Clerk 1 Harriett Babbitt Minutes Clerk 154 c +os MEMBERS COUNCIL \\\\\ %Y /o .;t Gas$ 8 A .;t (1 Lew i s X Mamaux X Pett i ne xx 1 P -