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Home My WebLink About1990-01-09; City Council; Minutes-. I I i 0 e MINUTES P Meeting of : CITY COUNCIL (Regular Meeting) Date of Meeting: January 9, 1990 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers .. - j I 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. PRESENTATION: Mayor Lewis read a Proclamation declaring January 11, 1990 as CARLSBAD ROTARY CLUB DAY honoring their 50th Anniversary in Carlsbad. The Proclamation was accepted by Russ Henthorne of the Carlsbad Rotary Club. APPROVAL OF MINUTES: Minutes of the Regular Meeting held December 12, 1989, were approved as presented. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows: ~ WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (95) 1. AB #10,443 - APPROVAL OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF CDBG PEDESTRIAN ACCESS RAMPS - I PROJECT NO. 3739. Council adopted RESOLUTION NO. 90-4, approving plans and specifications and authorizing the City Clerk to invite bids for the construction of CDBG pedestrian ramp improvements, Project No. 3739. (77) 2. AB #10,444 - CONSULTANT AGREEMENT FOR FORMATION OF (45) MELLO-ROOS COMMUNITY FACILITIES DISTRICT. Council adopted RESOLUTION NO. 90-5, approving the appropriation of funds in the amount of $80,000 for additional work by NBS/Lowry related to the creation of the Mello-Roos Community Facilities District. ('4) 3. AB #10,445 - MICROCOMPUTER AND PRINTER MAINTENANCE (45) AGREEMENT. Council adopted RESOLUTION NO. 90-6, accepting a bid and authorizing the execution of an agreement with MicroAge Computer, La Jolla, for microcomputer and printer maintenance. 13 COUNCIL /\\ % %$ % MEMBERS % %% % Lewis X Larson X Mamaux X Pett ine xx Kulchin X Lewis X Larson X Mamaux X Pett ine xx Kulchin X a' 0 0 MINUTES December 12, 1989 Page 2 CONSENT CALENDAR: (Continued) (78) 4. AB #10,446 - ANNUAL CONTRACT FOR AUCTION SERVICE OF (45) ASSET FORFEITURE PROPERTY. Council adopted RESOLUTION NO. 90-7, awarding a contract to Roger Ernst & Associates Auctioneers for disposal of assets seized under the asset forfeiture law. PUBLIC COMMENT: Maurice Kimball, 1623 James Drive, spoke about Hugh Vickery, stating that his condition was serious. He said that Mr. Vickery needs a heart transplant, and Mr. Kimball asked the citizens to get in touch with Mr. Vickery . Dan Hammer, 4015 Isle Drive, stated that last weekend it became known that Council Member Mamaux was working for a local developer while serving on the City Council. He said Mr. Mamaux had compromised the City by recommending the excess funds from the Assessment District on Palomar Airport Road be spent for landscaping the medians. Mr. Hammer said the money could have been spent on street lighting, as it is needed in that area. He said this area is near the building where Mr. Mamaux's office is located, and this would help dress up the entrance. Ramon Campbell, 4819 Kelly Drive, expressed concern about the migrants who gather around the area where he lives. He said they are just looking for work in order to provide for themselves, but that a problem is brewing. He said he has talked with them and with the property owners in the area near the Country Store. The City needs to take action before the situation gets any worse. Bill Hosmer, 316 Rancho Del Oro Drive #247, Oceanside, owner of a business at 800 Grand Avenue AG 8, stated he wanted to clarify an article that appeared in the Times Advocate on January 9, 1990, in the Local Section. He stated he supports Vincent Jimno for Sheriff, and had 500 copies of a brochure printed. The brochure had been read and okayed by Mr. Jimno; however, he had complied with Mr. Jimno's subsequent request to stop the distribution. Mr. Hosmer said one of his goals is to bring about a volunteer chaplains' program in Carlsbad to help the poor and homeless, and he did not want any articles with incorrect information to jeopardize his efforts to establish the program with the Police Department. ~ ~ I& COUNCIL /\I\ % PC9 % MEMBERS % $% <hJI T .' 0 0 January 9, 1990 MINUTES Page 3 ORDINANCE FOR ADOPTION: (114) 5. AB #10,441 - EXTENSION OF CARLSBAD'S TEMPORARY COMMUNITY DIRECTIONAL SIGN PROGRAM. Council adopted the following Ordinance: ORDINANCE NO. NS-103, AMENDING TITLE 21, CHAPTER 21.41 OF THE CARLSBAD MUNICIPAL CODE, APPROVING ZCA-l75(A) TO EXTEND THE TEMPORARY COMMUNITY DIRECTIONAL SIGN PROGRAM UNTIL JANUARY 1, 1995. JOINT MEETING WITH THE HISTORIC PRESERVATION COMMISSION: (28) 6. AB #10,447 - HISTORIC PRESERVATION COMMISSION REPORT TO/MEETING WITH THE CITY COUNCIL. Patty Cratty, Acting Director of Housing and Redevelopment, introduced the item, giving the background of the Commission. Historic Preservation Commission Chairman, Roy Blackford, introduced the Members of the Commission, Commissioners Christiansen, Gallegos, Howard-Jones and Robertson. Commissioner Robertson narrated a slide presentation showing historic sites in the City and explaining the role of the Commission. Chairman Blackford returned to the podium, stating that the items listed in the Agenda Bill as Alternatives are mandated by the current Ordinance and also provided as obligations to be fulfilled in order to retain our designation as a Certified Local Government. Mr. Blackford stated there is not a designated Planner for EIR review who is a historian or who has expertise in archaeology, and the Historic Preservation Commission is performing that function. In response to Council query regarding the funding of grants, Ms. Cratty explained that there are two different sources of funding that the Commission receives; bond act money that the citizens of Carlsbad vote on, and Certified Local Government grant money, which is reviewed under Federal criteria for Certified Local Governments. She said if the Code were modified, it could result in the loss of the Certified Local Government status. Ms. Cratty said that the review by the Historic Preservation Commission of EIR's and all development projects does become another step in the process, and their comments and recommendations are sent to planning staff. ,i/ I COUNCIL /\I\ % %$ % MEMBERS % %% % Lewis xx Kulchin X X Larson X Mamaux X Pett ine e 0 MINUTES January 9, 1990 Page 4 JOINT MEETING WITH Tm HISTORIC PRESERVATION COMMISSION: (Continued) Marty Orenyak, Community Development Director, stated his Department had not been completely following the content of the Ordinance. He said it includes not only building sites, but virtually any project, and referred to page 818, Section (8). He said that under the current wording of the Ordinance, there would not be a single EIR that would not be considered by the Historic Preservation Commission. In reply to Council query regarding the cost of this type of procedure, Mr. Orenyak stated that this would involve providing a higher level of staff to this Commission, particularly since the Ordinance has not been followed as it is presently written. It would have to be followed or modified. Council discussed the original intent of the Ordinance and determined that this should be returned to staff for a definition of what needs to be accomplished. Also, if additional staff would be needed to accomplish the work as defined now, how much it would cost and how many staff people would be involved. Council directed staff, in conjunction with the Historic Preservation Commission, to review the definition of "historic resource" in Section (8) of 22.02.040, and the review process in Section 22.02.050, including cost of implementat ion. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. AB #10,448 - CITYWIDE FACILITIES AND IMPROVEMENTS PLAN AMENDMENT TO CORRECT EXISTING DWELLING UNIT TOTALS. Phil Carter, Assistant to the City Manager, and Brian Hunter, Senior Planner, gave the staff report as contained in the Agenda Bill. Mr. Carter said there was one change in the Resolution, where it indicated a duly noticed public hearing was held. That insert was incorrect and not required. Council adopted the following Resolution: RESOLUTION NO. 90-8, APPROVING A CITYWIDE FACILITIES AND IMPROVEMENTS PLAN AMENDMENT TO CORRECT THE EXISTING (1986) DWELLING UNIT TOTALS. 8. AB #10,449 - REPORT ON REVIEW OF CITYWIDE RDM ZONING. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the three Alternatives, adding that staff recommended Alternative #2. IO I COUNCIL y$iy % %$ % MEMBERS % %% Lewis X Mamaux xx Pett ine X Kulchin X X Larson Lewis X Mamaux X Pettine xx Kulchin X X Larson F e 0 MINUTES - January 9, 1990 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council referred the matter to the Planning Commission to process an amendment to the RDM Zone to include specific standards for RDM lots adjacent to R-1 lots. ,(67) 9. AB #10,450 - AMENDMENT OF TITLE 11, CHAPTER 11.36 PERTAINING TO NEWSRACKS. City Attorney Vincent Biondo gave the report on this time . Council introduced the following Ordinance: ORDINANCE NO. NS-104, AMENDING TITLE 11, CHAPTER 11.36 OF THE CARLSBAD MUNICIPAL CODE ADDING DEFINITIONS OF OBSCENE MATERIALS. Council considered Items #lo and #11 simultaneously. (30) 10. AB #10,451 - ADOPTION OF THE 1988 EDITION OF THE UNIFORM BUILDING CODE. (30) 11. AB #10,452 - ADOPTION OF THE 1988 EDITIONS OF THE UNIFORM MECHANICAL. CODE AND UNIFORM PLUMBING CODE. Council introduced the following Ordinances and directed staff to set the matters for public hearing on February 6, 1990: (one motion) ORDINANCE NO. NS-105, AMENDING TITLE 18 BY THE AMENDMENT OF CHAPTER 18.04, TO ADOPT BY REFERENCE THE UNIFORM BUILDING CODE (1988 EDITION) AND THE UNIFORM BUILDING CODE STANDARDS (1988) EDITION. ORDINANCE NO. NS-106, AMENDING TITLE 18, CHAPTER 18.08, BY THE AMENDMENT OF SECTION 18.08.010 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE UNIFORM MECHANICAL CODE (1988 EDITION). ORDINANCE NO. NS-107, AMENDING TITLE 18, CHAPTER 18.16, BY THE AMENDMENT OF SECTION 18.16.010 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE UNIFORM PLUMBING CODE (1988 EDITION). COUNCIL REPORTS : Council Members reported on recent meetings and activities of the Committees and Subcommittees of which they are Members. CITY COUNCIL COMMENTS: Council Member Mamaux announced he had taken full-time employment, but assured Council he would fulfill all of his Committee assignments. 9 7- COUNCIL I\/\ % %% % MEMBERS % $% % Lewis X Larson xx Mamaux X Pettine X Kulchin X Lewis X Larson X Mamaux X Pett ine xx Kulchin X Lewis X Larson X Mamaux X Pettine xx Kulchin X a MINUTES e January 9, 1990 Page 6 ~ ~~~ ~ ~~~~~ CITY MANAGER COMMENTS: City Manager Ray Patchett stated he had met with the Energy Commission staff with regard to the proposed combined-cycle power plant at Encina and an adequacy report was due January 26, with a public hearing February 14. CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 8:12 p.m., and re-convened at 8:30 p.m., with all Members present. ADJOURNMENT : By proper motion, the Meeting was adjourned at 8:32 p.m. Respectfully submitted ALETHA &J@T L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 8 - COUNCIL /\I\ %?$%$, MEMBERS Z. 8 Z. 8