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Home My WebLink About1990-01-02; City Council; Minutes0 e MINUTES Meeting of : CITY COUNCIL (Regular Meeting) Date of Meeting: January 2, 1990 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, Mamaux and Larson. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Pettine. PRESENTATIONS: Police Chief Vales announced the selection of the 1990 Officer of the Year, Randy Schultz. Officer Schultz was the first D.A.R.E. Officer in Carlsbad, and Chief Vales presented him with the Officer of the Year Proclamation. Mayor Lewis read a Proclamation congratulating David Dunne on his 90th birthday. Mr. Dunne was Mayor of Carlsbad €or six years during the 1970’s. Mayor Lewis read a statement of a National award given to Carlsbad City Council Members for the Growth Management Plan and Phil Carter presented plaques to all the Council Members. CONSENT CALENDAR: Council Member Mamaux 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. (37) 1. AB #10,437 - FUTTSU SISTER CITY SCHOOL TRIP 1990. Council approved out-of-state travel in excess of five days for two City representatives to visit Futtsu, Japan, with a delegation from the Carlsbad School District in February of 1990. 7 - COUNCIL /\I\ % %% % MEMBERS % %% % Lewis X Larson X Mamaux X Pett ine xx Kulchin X 0 0 MINUTES January 2, 1990 Page 2 i CONSENT CALENDAR: (Continued) (26) 2. AB #10,438 - ACCEPTANCE OF IMPROVEMENTS FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT - PROJECT 3151. This item was removed from the Consent Calendar. (51) 3. AB. #10,439 - AGREEMENT WITH SOUTHWESTERN COLLEGE (45) FOR PARAMEDIC TRAINING. Council adopted RESOLUTION NO. 90-2, approving an agreement between the City of Carlsbad and the Governing Board of Southwestern College to provide paramedic instruction. ITEM REMOVED FROM !Mil3 CONSENT CALENDAR: (26) 2. AB #10,438 - ACCEPTANCE OF IMPROVEMENTS FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT - PROJECT NO. 3151. (45) Council Member Mamaux requested this item removed from the Consent Calendar to comment that this was a very well-run project and a job well done. This improvement to a public road was paid for by property owners in the District. Mr. Mamaux suggested that the staff report be amended tc eliminate the study to determine what to do with the estimated balance of money remaining in the District funds and use those funds to landscape the median strip. He recommended staff return with a work program on the implementation of construction of landscape materials within the three-mile stretch of median. This would finish the quality entrance to Carlsbad. Mr. Mamaux further recommended that the utilities not be undergrounded at this time, as that could be a much larger expenditure. ) John Cahill, Municipal Projects Manager, stated there would be more than enough money to cover the cost of tl landscaping, as the major part of the work has been done. In answer to query, Mr. Cahill stated the landscaping would be staff's preference for using the remaining funds. ne Mr. Cahill said that there were no safety issues outstanding at this time, and if it was Council's intention to direct staff to proceed with a program to implement the median work, staff could return fairly quickly with more detailed cost estimates. Council adopted the following Resolution and directed staff to proceed with the construction of the median landscaping on Palomar Airport Road with the remaining assessment district funds: RESOLUTION NO. 90-1, REGARDING THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT. 6 I COUNCIL /\I\ ?$ %$ % MEMBERS % %% $ Lewis X Kulchin X X Larson xx Mamaux X Pett ine 0 a January 2, 1990 MINUTES Page 3 . Item #13 was taken out of order at this time. CLOSED SESSION: (41) 13. CLOSED SESSION PENDING LITIGATION. Council adjourned to a Closed Session at 6:26 p.m., in accordance with Government Code Section 54956.9(a) to discuss the Sahagun et a1 v. City of Carlsbad et a1 pending litigation, Case No. N43834. Council re-convened at 6:52 p.m., with all Members present. Mayor Lewis announced the Attorney was instructed to proceed in the best interest of the City. PUBLIC COMMENT: There were no requests to address Council. ORDINANCES FOR ADOPTION: ( 102 ) 4. AB #lo, 432, - SPEED LIMIT ON COLLEGE BOULEVARD. Council adopted the following Ordinance: ORDINANCE NO. NS-102, AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.350 TO ESTABLISH A PRIMA FACIE 45 MILE- PER-HOUR SPEED LIMIT UPON COLLEGE BOULEVARD FROM PALOMAR I AIRPORT ROAD TO EL CAMINO REAL. (114) 5. AB #10,429 - AMENDMENT TO ZONING CODE IN RESPONSE TO AMENDMENTS TO THE FEDERAL COMMUNICATIONS ACT CONCERNING SATELLITE TELEVISION ANTENNAS. Council adopted the following Ordinance: ORDINANCE NS-100, AMENDING TITLE 21, CHAPTERS 21.45 AND 21.53 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.45.090, 21.53.130 AND 21.53.150 TO REVISE THE REGULATIONS FOR SATELLITE ANTENNA. (67) 6. AB #10,428 - AMENDMENT TO MUNICIPAL CODE ESTABLISHING LOCATIONS AND STANDARDS FOR NEWSRACKS ON PUBLIC RIGHTS-OF-WAY. Council adopted the following Ordinance: ORDINANCE NO. NS-99, AMENDING TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 11.36 ESTABLISHING LOCATIONS AND STANDARDS FOR NEWSRACKS ON PUBLIC RIGHTS-OF-WAY. 5 COUNCIL /\I\ ?$ PCs % MEMBERS % s% % Lewis Kulchin xx X Larson X Mamaux X Pett ine X Lewis xx Kulchin X X Larson X Mamaux X Pettine Lewis Kulchin X xx Larson X Mamaux X Pett ine X Lewis Kulchin X xx Larson X Mamaux X Pett ine X 0 0 MINUTES January 2, 1990 Page 4 PUBLIC HEARINGS: (51) 7. AB #10,440 - ADOPTION AND AMENDMENT OF THE 1988 EDITION OF THE UNIFORM FIRE CODE. Fire Marshal Mike Smith gave the staff report as contained in the Agenda Bill. Mayor Lewis opened the Public Hearing at 6:58 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Council adopted the following Ordinance: ORDINANCE NO. NS-97, AMENDING TITLE 17 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE 1988 EDITION OF UNIFORM FIRE CODE. (114) 8. AB #10,441 - EXTENSION OF CARLSBAD'S TEMPORARY COMMUNITY DIRECTIONAL SIGN PROGRAM - ZCA-175(A). Chris DeCerbo, Senior Planner, gave the staff report as contained in the Agenda Bill. Mayor Lewis opened the Public Hearing at 7:02 p.m., and issued the invitation to speak. Since~no one wished to speak on this matter, the Public Hearing was closed. I Council introduced the following Ordinance: ORDINANCE NO. NS-103, AMENDING TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE, extending the program until January 1, 1995. (30 ) 9. AB #lo, 380 - APPEAL OF NOTICE OF VIOLATION AND ORDER TO REMOVE. The City Manager requested the item be continued to the meeting of February 6, 1990. In response to Council query, Marty Orenyak, Community Development Director, stated that progress was being made on this matter, and it was hoped the appeal could be withdrawn in 30 days. I Council continued this item to the February 6, 1990, meeting . (88) 10. AB #10,414 - AMENDMENT OF MUNICIPAL CODE FOR CONFORMANCE WITH SAN DIEGO COUNTY CODE ON MEDICAL WASTE. Jim Hagaman, Research Director, was present to respond to questions. Mayor Lewis opened the Public Hearing at 7:08 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. b/ c COUNCIL /\I\ %?$%%& MEMBERS .;t tp Z. tp Lewis xx Kulchin X X Larson X Mamaux X Pett ine Lewis xx Kulchin X X Larson X Mamaux X Pett ine Lewis X Kulchin X X Larson xx Mamaux X Pettine e 0 L i MINUTES January 2, 1990 Page 5 PUBLIC HEARINGS: (Continued) Council adopted the following Ordinance: ORDINANCE NO. NS-98, AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE, TO AMEND SECTION 6.02.17 TO BE IN CONFORMANCE WITH THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES FOR THE REGULATION OF THE STORAGE AND DISPOSAL OF MEDICAL WASTES. CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Carlsbad Municipal Water District at 7:08 p.m., and re-convened at 7:30 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (28) 11. AB #10,442 - ESTABLISHMENT OF A CARLSBAD SISTER CITY COMMITTEE. Dr. Clifford Lange, Library Director, gave the staff report as contained in the Agenda Bill. Council Member Pettine questioned whether the entire community derives benefit from this program. He said he would still like to keep the City out of it. Other Council Members commented on the need for the City to take over the program. Council adopted the following Resolution: RESOLUTION NO. 90-3, ESTABLISHING THE CARLSBAD SISTER CITY COMMITTEE (SCSC) TO BE RESPONSIBLE FOR THE SISTER CITY PROGRAM IN CARLSBAD. (28) 12. AB #10,430 - WORK PLAN FOR CONSIDERING RECOMMENDATIONS FROM THE CITIZENS COMMITTEE TO STUDY OPEN SPACE. Mike Holzmiller, Planning Director, gave the staff report, stating that the only item to be considered tonight, is Council's approval of the work plan to implement the recommendations of the Citizens Committee to Study Open Space. This item was continued from the December 19 Council Meeting. During that meeting, three speakers opposed the Work Plan, three voiced qualified support. Mr. Holzmiller used a transparency to show the process for developing the Open Space Work Plan and explained that a two-phase program was formulated for performing the seven categories of tasks. Mr. Holzmiller said the reason for a two-phase program was that certain tasks can't be started until others are completed; for example, the over-all financing plan and the open space master plan are two tasks that can't be completed until other items in phase one are completed and final decisions made. The recommendation is to do the first phase studies, make the final revisions on those and get them implemented; then move on to the second phase to complete the program. ~ .% - COUNCIL /\I\ % %$ % MEMBERS % %% % Lewis X Larson X Mamaux X Pett ine xx Kulchin X Lewis X Larson X Mamaux X Pett ine xx Kulchin X * See Page 7 T 0 e MINUTES January 2, 1990 Page 6 I DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Holzmiller used transparencies to show both phases and estimated the first phase would take six months to complete, with an additional six months for phase two. He noted the staff report recommends consultants, and Council has authorized and hired one who is working on the trail system study. The estimated cost of the work plan would be $150,000. The work plan proposes using ad hoc subcommittees to give input to staff and the consultants as they move through the tasks. There would be an advisory committee to get the feedback from the subcommittees. In response to query regarding the feasibility of the trail system, Mr. Holzmiller said that phase one was to determine whether or not it was possible to make a comprehensive City-wide system and whether or not it was affordable. With the amount of work done on this at this time, the indication is that the only way such a system would work would be to have a totally linking City-wide trail system with the City owning and maintaining it. He said that Council would make the decision on whether or not to spend the money, with recommendations from the Parks and Recreation Commission and the Planning Commission. Mr. Holzmiller said that in terms of what the City can get "for free", there is not too much more that can be done. If the City goes beyond what the open space program is at this time, it will involve public expense. That is why the funding studies will be done. Mike Howes, Hofman Planning Associates, 2386 Faraday, Suite 120, representing the Fieldstone Company, recommended that Council amend Task #1 of the Work Program, the Trail Study section, to include the maintenance and liability of a trail system. He said that both of these items are very important. Mr. Holzmiller replied that those items would be addressed under item 1C of the Trail Study. If the trail system is owned and operated by the City, it would be determined what would be the best form of maintenance, whether by districts or City-wide. He said the concern was if it were not City-owned and maintained, would it be by the developers, property owners or homeowners associations. If one of those groups were owners, they had to know that it has to be open to the public, and how are their liability issues to be addressed. 1 I Council Member Larson requested one change to Task 2; that the Open Space Subcommittee should be included as well as the Citizens Committee to Study Growth. 2) I COUNCIL /\I\ % %* % MEMBERS % %?& % a a MINUTES . , January 2, 1990 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council Member Mamaux stated for the record that based on previous studies, Carlsbad has one of the toughest ordinances in the State on open space and has spent $80,000 on the first study, with the second phase to cost $165,000. In this fiscal year Carlsbad has spent $760,000 on the purchase of open space, which is more than any City in California the size of Carlsbad. He said that no one can claim that Carlsbad is not concerned about open space. Council adopted the work plan to consider the recommendations of the Citizens Committee to Study Open Space; amending Task #1 to consider the maintenance and liability of a trail system; and amending Task #2 to include the Subcommittee as part of the group performing the task. CLOSED SESSION: (41) 13. CLOSED SESSION PENDING LITIGATION. This item was taken out of order. (See page 3) COUNCIL REPORTS: Council Members reported on recent meetings and activities of the Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Meeting of January 2, 1990, was adjourned at 8:30 p.m. I , Respectfully submitted, ~ I (g..&!%/R+ ALETHA L. RAUTENKRANZ City Clerk I Harriett Babbitt Minutes Clerk 1 * This paragraph was added to the Minutes by Council at the Meeting of February 6, 1990. ~ ~ ~ I ~ I I - COUNCIL /\I\ % %$ % MEMBERS % %% % Lewis xx Larson X Mamaux X Pett ine X Kulchin X