HomeMy WebLinkAbout1989-06-20; City Council; Minutes(92)
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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.
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I I I CONSENT CALENDAR: (Continued)
I (97) 3. AB #10,067 - SENATE BILL 140 - ADDITIONAL
APPLICATION FOR ARTERIAL FUNDING.
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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.
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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" -
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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