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Home My WebLink About1989-12-05; City Council; Minutesc 0 e MINUTES Meeting of : CITY COUNCIL (Regular Meeting) Date of Meeting: December 5, 19890 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: Council Members Lewis, Kulchin, Pettine and Larson. Absent: Council Member Mamaux. INVOCATION was given by Reverend Jones. PLEDGE OF AL-GIANCE was led by Council Member Larson. PRESENTATIONS: Congressman Ron Packard presented a to the City of Carlsbad, on behalf of the Congress of the United States, for display in the Library. Stewart Gary, United Way Campaign Employee Coordinator, presented a Tournament of Leaders Award to the City Employees for exceeding the goal of $25,000.00 by 26 percent. Jamie Phillips, 1989 Chairperson, 1989 United Way/CHAD Campaign, presented Mayor Lewis with a plaque for the City's participation in the campaign. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held November 7, 1989, were approved as presented. Minutes of the Adjourned Meeting held November 13, 1989, were approved as presented. Minutes of the Regular Meeting held November 14, 1989, were approved as presented. Minutes of the Adjourned Meeting held November 15, 1989, were approved as presented. Minutes of the Adjourned Meeting held November 25, 1989, were approved as presented. CONSENT CALENDAR: Council Member Kulchin requested Item #2 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item #2, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 13 I COUNCIL /\b %P 0 Cd, )r ? MEMBERS % $% Lewis xx Kulchin X X Larson X Pettine Larson X Larson X Lewis xx Kulchin X X Larson X Pett ine A @ c. a 0 December 5, 1989 MINUTES Page 2 CONSENT CALENDAR: (Continued) (73) 1. AB #10,388 - ABOVE-GROUND ENCROACHMENT - JOHN H. BARR - PR 4.22. Council adopted RESOLUTION NO. 89-414, approving the above-ground encroachment for 2210 Sara Way. (81) 2. AB #10,389 - ACCEPTANCE OF DONATION FROM 3RD ANNUAL CARLSBAD SENIOR CENTER BENEFIT GOLF TOURNAMENT AND FUND-RAISING DINNER. This item was removed from the Consent Calendar. (99) 3. AB #10,390 - ACCEPTANCE OF IMPROVEMENTS - PAPAGAYO - CT 74-22. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public street and sewer improvements constructed at Chinquapin Avenue and Harbor Drive. (99) 4. AB #10,391 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CARLSBAD OAKS CANYON PACIFIC - CT 74-21/PIP86-02. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public street and sewer improvements constructed at Blue Whale Court. (99) 5. AB #10,392 - FINAL MAP - CT 85-7 - LA COSTA ALTA. Council approved the Final Map of Carlsbad Tract No. 85-07, La Costa Alta. (81) 6. AB #lo, 393 - ACCEPTANCE OF GRANT DEED FOR STREET PURPOSES ON ADAMS STREET - PR 3.4.76. Council adopted RESOLUTION NO. 89-416, accepting a Grant Deed for a roadway easement along a portion of the northerly side of Adams Street from Lee E. Alton, Barbara Alton Potter, Verne F. Potter, Bert D. Alton, Jr. and Wanda V. Alton. (99) 7. AB #lo, 394 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - OLIVE AVENUE CONDOMINIUMS - CT 84-13/CP 282. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public street improvements constructed at Olive Avenue and Garfield Street. (73) 8. AB #10,395 - ABOVE-GROUND ENCROACHMENT - M. BRUCE STUBBS. Council adopted RESOLUTION NO. 89-417, approving the above-ground encroachment for 3425 Topeka Street. 3/& - S% MEMBERS COUNCIL \\ % % %' %% % $ 0 a MINUTES December 5, 1989 Page 3 (97) (96) (96) (45) (92) (45) (74) (81) CONSENT CALENDAR: (Continued) 9. AB #10,396 - APPROVAL OF PLANS AND SPECIFICATIONS - MONROE STREET IMPROVEMENTS - PROJECT NO. 3308. Council adopted RESOLUTION NO. 89-418, approving plans and specifications and authorizing the advertisement of bids for the construction of improvements to Monroe Drive, Project No. 3308 and appropriating funds. 10. AB #10,397 - APPROVAL OF PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNALS - CERREZO AND CARLSBAD BOULEVARD AND MONROE AND CHESTNUT - PROJECT NOS. 3333 AND 3318. Council adopted RESOLUTION NO. 89-419, approving plans and specifications and authorizing the City Clerk to advertise for bids for the construction of the Cerrezo Drive/Carlsbad Boulevard and Monroe StreetIChestnut Avenue traffic signals, Project Nos. 3333 and 3318. 11. AB #10.398 - NOTICE OF COMPLETION FOR CONSTRUCTION OF FIVE TRAFFIC SIGNAL SYSTEM PROJECTS - PROJECT NOS. 3272, 3274, 3279, 3281 AND 3282. Council adopted RESOLUTION NO. 89-420, accepting the construction of traffic signal and signal interconnection, Project Nos. 3272, 3274, 3279, 3281 and 3282. 12. AB #10,399 - VISTA/CARLSBAD WASTEWATER TREATMENT CAPACITY LEASE AGREEMENT. Council adopted RESOLUTION NO. 89-421, authorizing the City Engineer to execute a notice to the City of Vista of termination of the Wastewater -Treatment Capacity Lease Agreement approved September 13, 1988. 13. AB #10,406 - ADJUSTMENT TO PART-TIME SALARY SCHEDULE. Council adopted RESOLUTION NO. 89-430, amending the part-time salary schedule. ITEM REMOVED FROM THE CONSENT CALENDAR: 2. AB #10,389 - ACCEPTANCE OF DONATION FROM 3RD ANNUAL CARLSBAD SENIOR CENTER BENEFIT GOLF TOURNAMENT AND FUND-RAISING DINNER. Council Member Kulchin asked for this item to be removed from the Consent Calendar to make the citizens of Carlsbad aware of the generous contribution from Gerico's Bar and Grill. Gerico's raised $3,463 for the new Senior Center, and Mrs. Kulchin said she wanted to publicly thank them. 31 / I COUNCIL /\I\ %PA 0 A* % MEMBERS % $% $ T ( e e December 5, 1989 MINUTES Page 4 - ITEM REMOVED FROM THE CONSENT CALENDAR: (Continued) Council adopted the following Resolution: RESOLUTION NO. 89-415, ACCEPTING A DONATION OF THREE THOUSAND FOUR HUNDRED SIXTY THREE DOLLARS FROM GERICO'S BAR AND GRILL FOR THE PURCHASE OF NEW EQUIPMENT AT THE SENIOR CENTER. PUBLIC COMMENT: Mrs. Kim Trujillo, 3720 Sierra Morena Avenue, addressed Council expressing her concern as a parent and community member about Kelly School children and the El Camino Real and Tamarack Avenue intersection. She said there is no guard or Police Officer at that intersection and she has notified the Mayor and the Police Chief and was told that it would be taken care of. City Manager Ray Patchett said that the City is aware of the problem and is in the process of changing guard services to take care of this situation. Council requested the matter be placed on an Agenda. ORDINANCES FOR ADOPTION: (72) 14. AB f10.384 - ESTABLISHMENT OF NO PARKING ZONE ON CALLE BARCELONA. Council adopted the following Ordinance: ORDINANCE NO. NS-96, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.40.077 TO DECLARE A "NO PARKING" ZONE ON BOTH SIDES OF CALLE BARCELONA FROM RANCHO SANTA FE ROAD TO CALLE SAN FELIPE. (102) 15. AB #10,373 - SPEED LIMIT ON CALLE BARCELONA. Council adopted the following Ordinance, as amended: ORDINANCE NO. NS-94, AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.340 TO ESTABLISH A 30 MILE PER HOUR PRIMA FACIE SPEED LIMIT UPON CALLE BARCELONA FROM RANCHO SANTA FE ROAD TO VIA SAN CLEMENTE. (79) 16. AB #10,381 - SPECIAL EVENTS PROCESSING FEE. Council adopted the following Ordinance: ORDINANCE NO. NS-95, AMENDING TITLE 8, CHAPTER 8.17 OF THE CARLSBAD MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMIT FEES. h ?/o I - I ~ COUNCIL /\I\ % %$ % MEMBERS % s% $ Lewis X Larson X Pett ine xx Kulchin X Lewis X Larson X Pett ine xx Kulchin X Lewis X Larson X Pettine xx Kulchin X Lewis X Larson X Pettine xx Kulchin X 0 0 MINUTES - ( December 5, 1989 Page 5 PUBLIC HEARINGS: '108) 17. AB #10,400 - APPEAL OF PLANNING COMMISSION DECISION DENYING AN ADMINISTRATIVE VARIANCE - AV 89-7 - REDDING. Gary Wayne, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using slides to show the property. Mr. Wayne stated that staff recommendation was to lower the wall to 42 inches by the driveway and the southwest side to improve the sight distance from the driveway and from the neighbor's driveway. Mayor Lewis opened the Public Hearing at 6:26 p.m., and issued the invitation to speak. Virginia Redding, 2246 Janis Way, presented photographs of their property to Council Members, and also copies of letters and petitions from the neighbors, in favor of their wall. She said the neighbor had withdrawn the complaint about sight distance from their driveway, and she read from a letter dated June 2, 1989, addressed to the Planning Department. This letter explained the problems Mr. and Mrs. Redding had experienced with a contractor and asked for the wall to block their view of the Ellery Reservoir. Mrs. Redding said their property value would decrease if they had to remove the wall, and she felt this was an exceptional circumstance. She stated that they felt the wall was safe and did not create any hazard to anyone exiting the driveways. This is a cul-de-sac, and there is no fast traffic in that area. Mrs. Redding offered to install an additional three- foot opening on the left side of the driveway wall to eliminate any sight distance problem. Mrs. Dalforno, 3500 Bedford Circle, stated she and the other neighbors had no objection to the wall and felt the Reddings should not be subjected to any more expense. Since no one else wished to speak on this matter, the Public Hearing was closed at 6:36 p.m. Council Members commented that the Reddings were the only residents affected by this pumping station, and the findings €or a variance could be made. 09 -r COUNCIL 1\12 \ ?&%& MEMBERS Z. 8 .;t 8 0 a MINUTES December 5, 1989 Page 6 1 I PUBLIC HEARINGS: (Continued) Council directed the City Attorney's Office to prepare documents granting the Administrative Variance 89-7, and approving an Encroachment Permit. I (77) 18. AB #10,401 - APPROVAL OF LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 7. Don Rideout, Senior Management Analyst, Brian Hunter, Senior Planner, and Steven Jantz, Associate Civil Engineer, gave the staff report as contained in the Agenda Bill. Mr. Rideout gave the background on the Zone Plan. Brian Hunter discussed schools and Mr. Jantz reported on drainage, circulation and sewers. Mayor Lewis inquired about traffic circulation, with only two lanes of College Avenue planned. He felt that with the Oceanside traffic that will use that road when it is opened up all the way, there will be problems with a two-lane road. Staff indicated that the financing plan would permit the building of the road to full width. Mayor Lewis opened the Public Hearing at 6:59 p.m., and issued the invitation to speak. Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, stated his firm had prepared the Zone Plan and acknowledged that zone plans are not becoming easier. He explained there was a Hecht SI study, a detailed sewer line capacity study and a special traffic report. Mr. Hofman said this also required the dedication of a K -8 elementary school site. Since no one else wished to speak on this matter, the Public Hearing was closed at 7:03 p.m. Council adopted the following Resolutions: (one motion) RESOLUTION NO. 89-423, APPROVING A NEGATIVE DECLARATION FOR LOCAL FACILITIES MANAGEMENT PLAN 7. RESOLUTION NO. 89-424, APPROVING A LOCAL FACILITIES MANAGEMENT PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 7. i DEPARTMENTAL AND CITY MANAGm REPORTS: 'reen 19. AB #10.408 - APPROVAL OF CHANGE ORDER NOS. 5, 6, 7 AND 8 FOR STREETSCAPE IMPROVEMENTS PHASE I1 - PROJECT NO. 3288. This item was continued to the meeting of December 12, 1989, for placement on an agenda of the Housing and Redevelopment Commission. .i qflS2 - sp6r MEMBERS COUNCIL \\ % % %$ $% % q Lewis X Larson xx Pettine X Kulchin X Lewis X Larson X Pettine xx Kulchin X a 0 b MINUTES December 5, 1989 Page 7 - ( ( I DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) :97) 20. AB #10,402 - REVISION TO APPLICATION FOR ARTERIAL FUNDING UNDER SENATE BILL 140. Lloyd Hubbs, City Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to show the projects to be withdrawn from consideration for SB 140 Funding. Council adopted the following Resolution: RESOLUTION NO. 89-425, AUTHORIZING THE CITY ENGINEER TO WITHDRAW APPLICATIONS PREVIOUSLY MADE TO CALTRANS FOR SENATE BILL 140 FUNDING FOR CERTAIN ARTERIAL STREET IMPROVEMENTS. (54) 21. AB #10,403 - CERTIFICATION OF MATCHING FUNDS FOR TRANSNET STATE ROUTE 78 RESERVE PROJECTS. Lloyd Hubbs, City Engineer, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 89-426, CERTIFYING THAT LOCAL FUNDS WILL BE AVAILABLE TO MATCH TRANSNET SR 78 CORRIDOR RESERVE FUNDS. 22. NUMBER NOT USED. (28) 23. AB #10,404 - DESIGN REVIEW BOARD APPOINTMENTS. Council adopted the following Resolution: RESOLUTION NO. 89-427, APPOINTING MEMBERS TO THE CARLSBAD DESIGN REVIEW BOARD, as follows: Reappointing John McCoy, Jerry Rombotis, Sharon Schramm and Jeanne McFadden, and appointing Bud Schlehuber. (68) 24. AB #10,405 - APPOINTMENT TO CABLE TELEVISION FOUNDATION BOARD. Council adopted the following Resolution: RESOLUTION NO. 89-428, APPOINTING JAMES MCCORMICK TO THE FOUNDATION FOR CARLSBAD COMMUNITY CABLE TELEVISION. COUNCIL REPORTS: Council Reports were continued. CLOSED SESSION: (41) 25. CLOSED SESSION REGARDING PENDING LITIGATION. (41) 26. CLOSED SESSION REGARDING PENDING LITIGATION. Council adjourned to a Closed Session at 7:16 p.m., to discuss pending litigation Christward Ministry v. City of San Marcos, San Diego Superior court Case No. N38255, and Dybdal v. City of Carlsbad, San Diego County Superior Court Case No. N40494. aA4 - - I i ~ ~ COUNCIL I\\ %?$%%I& MEMBERS 2. @ 2. (I, Lewis X Larson X Pett ine xx Kulchin X Lewis X Larson X Pett ine xx Kulchin X Lewis X Larson X Pett ine X Kulchin xx Lewis x Larson X Pettine X Kulchin xx Lewis X Larson X Pett ine X Kulchin xx * 0 b MINUTES - December 5, 1989 Page 8 ~~ ~ ~ ~~~ CLOSED SESSION: (Continued) Council re-convened at 7:28 p.m., with four Members present and Council Member Mamaux absent. Mayor Lewis announced that Council had instructed the City Attorney to proceed. ADJOURNMENT: By proper motion, the Meeting of December 5, 1989, was adjourned at 7:28 p.m., to Thursday, December 7, 1989, 4:OO p.m., 799 Pine Avenue, for the Dedication of the Carlsbad Senior Center and Carlsbad Unified School District Education Center, in the event a quorum of Council Members is in attendance. Respectfully submitted, @&4& 1. Q"w9 ALETHA L. RAUTENKRANZ City Clerk / Harriett Babbitt Minutes Clerk ~ I 8) P, I - COUNCIL I\/\ % 9&% % MEMBERS % $% $ ~