The URL can be used to link to this page

Home My WebLink About1990-08-07; City Council; Minutesa 0 e -c MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 7, 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 Mamaux, Kulchin and Mayor Lewis. Absent: Council Members Pettine and Larson. INVOCATION was given by Reverend Steve Seelig of the Church of Nazarene. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tern Kulchin. PIRESENTATION: Mayor Lewis read a Proclamation declaring August 7, 1990, as NATIONAL NIGHT OUT AGAINST CRIME day. Captain Gene Kellog of the Carlsbad Police Department, accepted the Proclamation. APPROVAL OF MINUTES : (one motion) Minutes of the Special Meeting held July 24, 1990, were approved as presented. Minutes of the Regular Meeting held July 24, 1990, were approved as presented. CONSENT CALENDAR: Mayor Lewis removed Item #8 from the Consent Calendar. Council Member Mamaux stated he would abstain on Items fll and #12. * See Page 9. Council affirmed the action of the Consent Calendar, with the exception of Item #8, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #10,743 - MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD POLICE OFFICERS' ASSOCIATION. Council adopted RESOLUTION NO. 90-265, adopting a Memorandum of Understanding between representatives of Management and the Carlsbad Police Officers' Association and adopting the Salary Plan for Employees represented by Carlsbad Police Officers Association for fiscal year 1990-91. 2. AB #10,744 - AMENDMENT TO POLICE MANAGEMENT SALARY PLAN. Council adUpted RESOLUTION NO. 90-266, adopting an adjustment to the Management Salary Plan for the positions of Police Chief, Police Captain and Police Lieutenant. /7[ - COUNCIL I\/\ % 3% % MEMBERS % %% % Lewis xx Mamaux X Kulchin X Lewis X Mamaux xx Kulchin X \ e 0 MINUTES August 7, 1990 Page 2 - CONSENT CALENDAFt: (Continued) 3. AB #10,745 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - MS-783/PD325. 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 Edison Place located off Camino Vida Roble. 4. AB #10,746 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - MS - 676. 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 2190 Chestnut Avenue. 5. AB #10,747 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - LOKER AVENUE EAST - PD 310. 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 on Lot 36 of Carlsbad Oaks East on Loker Avenue.. 6. AB #10.748 - ABOVE-GROUND ENCROACHMENT AT 2540 CHESTNUT AVENUE. Council adopted RESOLUTION NO. 90-167, approving the above-ground encroachment permit for an existing 42-inch high block wall at 2540 Chestnut Avenue. 7. AB #10,749 - ACCEPTANCE OF IMPROVEMENTS OF STRIPING OF LA COSTA AVENUE - PROJECT NO. 3319. Council adopted RESOLUTION NO. 90-268, accepting the striping on La Costa Avenue as complete, directing the City Clerk to record the Notice of Completion and directing the Utilities and Maintenance Department to commence maintaining the improvements. 8. AB #10,750 - ACCEPTANCE OF CONTRIBUTION FROM TOURNAMENT OF CHAMPIONS FOR THE PARAMEDIC TRUST FUND. This item was removed from the Consent Calendar. 9. AB #10,751 - COST RECOVERY - DISASTER RELIEF 1988 STORM DAMAGE. Council adopted RESOLUTION NO. 90-270, authorizing certain staff members to sign forms and act as the City's agent in recovering costs subject to Federal and State disaster relief guidelines. 194 - COUNCIL I\/\ %?$x$ MEMBERS .;t tl, .;t tl, * See Page 9 \ 0 m MINUTES - August 7, 1990 Page 3 CONSENT CALENDAR: (Continued) 10. AB #10,7552 - RENEWAL OF EXCESS WORKER'S COMPENSATION INSURANCE. Council adopted RESOLUTION NO. 90-271, authorizing the renewal of Excess Workers' Compensation Insurance coverage in accordance with staff recommendations at a premium deposit of $32,926. 11. AB #10,652 - ACCEPTANCE OF EASEMENT FOR JAMES DRIVE STORM DRAIN - PROJECT NO. 3224. Council adopted RESOLUTION NO. 90-161, accepting an easement for the future construction of the James Drive Storm Drain extension and directing staff to credit Highland Townhomes $5,995 in drainage charges in consideration for said grant of easement. 12. AB #10,753 - SETTLEMENT OF CITY V. MORGAN/PALOMAR INDUSTRIAL (N41292). Council adopted RESOLUTION NO. 90-272, approving a settlement and stipulated judgment in the case of City of Carlsbad v. Morgan/Palomar to conclude the right-of-way acquisition for the Palomar Airport Road Assessment District. 13. AB #10,759 - CONSULTANT AGREEMENT FOR ENVIRONMENTAL PLANNING SERVICES FOR CITY CAPITAL PROJECTS. Council adopted RESOLUTION NO. 90-284, approving a consultant agreement with A. D. Hinshaw Associates for environmental planning and review services for City Capital projects. 14. AB #10,761 - CONSULTANT SERVICES AGREEMENT - RANCHO SANTA FE ROAD ASSESSMENT DISTRICT - AD NO. 90-1. Council adopted RESOLUTION NO. 90-286, approving the 13th supplemental agreement with NBS/Lowry for assessment engineering services and the special counsel agreement with Brown, Harper, Burns & Hentschke to provide services in the formation of the assessment district. 15. NUMBER NOT USED. ITEM REMOVED FROM THE CONSENT CALENDAR: 8. AB #10,750 - ACCEPTANCE OF CONTRIBUTION FROM TOURNAMENT OF CHAMPIONS FOR THE PARAMEDIC TRUST FUND. Council adopted the following Resolution: RESOLUTION NO. 90-269, accepting a gift of $5,000 for the Paramedic Trust Fund. /6? - COUNCIL /\I\ % %$ % MEMBERS % %% % Mamaux X Mamaux X Lewis X Kulchin xx X Mamaux 0 0 August 7, 1990 MINUTES Page 4 PUBLIC COMMENT : Marjorie A. Monroy, 3610 Carlsbad Boulevard, speaking as a Member of the Northwest Quadrant Citizens Group, inquired whether there is accountability for the use of Community Development Block Grant funds. She referenced the past use of funds to cover the swimming pool of the Boys and Girls Club, and recent reports tht the pool would cease year-round operation. She asked that this item be placed on a Council agenda. Council instructed staff to report on the pool covering for the Boys and Girls Club and accountability for the use of Community Development Block Grant funds and place this item on a future agenda. ORDINANCES FOR ADOPTION: ~ ~~ 16. AB #10,712 - AMENDMENT TO CARLSBAD MUNICIPAL CODE - FENCING AROUND POOLS. Council adopted the following Ordinance: ORDINANCE NO. NS-121, amending Title 18, Chapter 18.28, Section 18.28.020 of the Carlsbad Municipal Code by the amendment of Section 18.28.020 to clarify the requirements for swimming pool enclosures and use. 17. AB #10,713 - CITY COUNCIL SALARIES. Council adopted the following Ordinance: ORDINANCE NO. NS-122, amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code by the amendment of Section 2.04.010 to implement the State Law authorized increase in compensation for the Mayor and Members of the City Council. PUBLIC HEARINGS : 3.8. AB #10,742 - ZONE 12 - LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT. This item was continued to August 21, 1990. 3.9. AB #10,754 - TENTATIVE MAP/PLANNED UNIT DEVELOPMENT/HILLSIDE DEVELOPMENT PERMIT/SPECIAL USE PERMIT - RANCHO VERDE - CT 89-18/HDP 89-35/PUD 89- 23/SUP 90-5. Assistant Planning Director Gary Wayne referenced a Memorandum dated August 6, 1990, from the Community Development Director containing four additional conditions recommended by staff. Mayor Lewis opened the duly noticed public hearing at 6:23 p.m., and issued the invitation to speak. I&? -.. - S% COUNCIL % %% % MEMBERS \\ % a% % Lewis xx Kulchin X X Mamaux Lewis Mamaux xx Kulchin X X Lewis xx Kulchin X X Mamaux a 0 c MINUTES August 7, 1990 Page 5 PUBLIC HEARINGS : ( Continued ) Ken Meddock, Director of Land Development for Brighton Homes, the applicant, 505 N. Tustin Avenue, f250, Santa Ana, presented slides of the project and asked €or approval of the project as a gated community. He said if the gates are eliminated, the streets become public as well as the storm drain. In response to Council query, he stated that whatever Rancho Santa Fe Road improvements cost, it's in their budget. Morton August, Director of Public Works, City of Encinitas, 527 Encinitas Boulevard, stated the City of Encinitas was requesting Carlsbad's assistance in meeting emergency response needs of the properties at the end of Lone Jack Road in Encinitas. He requested approval of the project as an ungated community with access to Lone Jack Road, as approved by the Planning Commission. Dolores Welty, 2076 Sheridan Road, on behalf of FUTURE, expressed concern that Council continued to approve development without a viable city plan. Terri Zimdars, 3476 Sitio Borde, stated that 100 of the 140 people signing the petition had stated they did not want Lone Jack Road to connect to La Costa Avenue. They believe that the public access through the Rancho Verde project is the most logical access to the schools. Scott Demere, 3574 Lone Jack Road, Olivenhain, spoke in favor of access through the Rancho Verde development. He said that any traffic generated through Rancho Verde would be local, and public roads would be an enhancement. Jeff Daniels, 3135 Dusty Trail, Olivenhain, asked Council to support the Planning Commission decision to make the roads out of Rancho Verde public. Tom Swanson, 3543 Copper Crest Road, representing the Copper Crest Road Maintenance Association, spoke in support of public roads through the Rancho Verde development. He asked that there be non- gated streets with an irrevocable offer to dedicate with a break-away gate until further study can be done. Chris Lloyd, 3615 Fortuna Ranch Road, Encinitas, requested the project remain as a gated, private community. If these remain public, that endangers his property. Kim Post,3484 Sitio Borde, spoke in favor of making the roads public. Ken Meddock spoke in rebuttal, stating he was adamantly opposed to any public access through this development. 167 T COUNCIL /\I\ 3 %' % MEMBERS % %% % 0 0 MINUTES August 7, 1990 Page 6 - I PUBLIC HEARINGS: (Continued) Since no one else wished to speak on this item, Mayor Lewis declared the public hearing closed at 7:36 p.m. City Engineer Lloyd Hubbs, in response to Council query, stated that the extension of Melrose and the extension of La Costa Avenue is part of Carlsbad's adopted Circulation Element. Mayor Lewis stated he supported the Planning Commission requirement of 60 foot public streets, with irrevocable offer to dedicate on the part of the developer, but without emergency access. Council Member Kulchin concurred. Council adopted the following Resolutions: (one motion) RESOLUTION NO. 90-273, approving a Mitigated Negative Declaration for a 180-lot Tentative Tract Map (CT 89-18A), Hillside Development Plan (HDP 89- 35), Planned Unit Development (PUD 89-23), and a Special Use Permit (SUP 90-05) on 216.16 acres on property generally located at the southeasterly corner of the City adjacent to the City of Encinitas. RESOLUTION NO. 90-274, approving a 180-lot Tentative Tract Map (CT 89-18), on 216.16 acres on property generally located at the southeasterly corner of the City adjacent to the City of Encinitas, amended to include the following five conditions : 1,. Within 180 days from the date of Rancho Verde Tentative Map (CT 89-18A) approval, a financial guarantee acceptable to the City Council for construction of Rancho Santa Fe Road improvements will be submitted. Unless the guarantee is approved by the City Council within the 180 day period, all processing on the Rancho Verde Final Map will cease until such time as they are approved. The time limit may be extended at the discretion of the City Council. 2. A reclaimed water main shall be installed, if required by the reclaimed water plan. I 3. Prior to the Final Map approval, the developer shall submit a reclaimed water usage plan for the entire Tentative Map area for the approval of the City Engineer. The plan shall be in conformance with the City's proposed reclaimed water master plan. At minimum, the developer shall install a dual waterline to serve all irrigated open space and extend parkway areas with reclaimed water as it becomes available. /xx COUNCIL \$$ %v /o $9, A MEMBERS Z. tp $ Lewis xx Mamaux X Kulchin X d 0 0 w- I August 7, 1990 MINUTES Page 7 - PUBLIC HEARINGS: (Continued) 4. If the Water District is in a State I1 or greater alert, reclaimed water shall be used for all construction related activities such as dust control and grading compaction as directed by the City Engineer. 5. There is to be an irrevocable offer of dedication, but no access to the Vista Montana cul-de-sac from Encinitas, with the provision that home purchasers be notified that the access could be constructed at some future time; and the condition that the developer be required to bond for construction of that street should it become necessary to construct the street in the future. RESOLUTION NO. 90-275, approving a Hillside Development Plan (HDP 89-35), on 216.16 acres on property generally located at the southeasterly corner of the City adjacent to the City of Encinitas. RESOLUTION NO. 90-276, approving a Planned Unit Development (PUD 89-23), on 216.16 acres on property generally located at the southeasterly corner of the City adjacent to the City of Encinitas. RESOLUTION NO. 90-277, approving a Special Use Permit (SUP 90-05), on 216.16 acres on property generally located at the southeasterly corner of the City adjacent to the City of Encinitas. REiCESS : Mayor Lewis declared a Recess at 7:55 p.m., and Council reconvened at 8:07 p.m., with three Members present and Council Members Pettine and Larson absent. pCtBLIC HEARINGS: (Continued) 20. AB #10,755 - WEED ABATEMENT PUBLIC HEARING. Mayor Lewis opened the duly noticed public hearing at 8:08 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 Resolution: RESOLUTION NO. 90-278, confirming the report of the Fire Chief showing cost of weed abatement against each parcel of land in said report, confirming the cost, and providing €or collection on the regular tax bill. 165 - COUNCIL I\/\ % %% % MEMBERS % $% $ Lewis xx Mamaux X Kulchin X 0 0 MINUTES 1 August 7, 1990 Page 8 I\/\ COUNCIL % ?&%& MEM6ERS % @ Z. 8 - MINICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 8r:09 p.m., and re-convened at 8:12 p.m., with three Members present and Council Members Pettine and Larson absent. - DEPARTMENTAL AND CITY MANAGER REPORTS: 2.L. AB #10,756 - OLIVENHAIN ROAD STUDY COMMITTEE. Council appointed Mayor Lewis and Mayor Pro-Tem Member. Real. Council Member Mamaux is to be the Alternate Road between Rancho Santa Fe Road and El Camino and authorize environmental studies on Olivenhain the Encinitas City Council Subcommittee to review X Mamaux Alternate, on the Subcommittee to coordinate with X Kulchin Kulchin as Members, and Council Member Mamaux as an xx Lewis 2%. AB #10,757 - CITIZEN REQUESTS TO AMEND CARLSBAD MUNICIPAL CODE SECTION 32.4.060(5). Robert M. Dahlbo, Graham International, Inc., 2141 Palomar Airport Road, spoke in favor of amending the Municipal Code to allow company flags to be flown outside buildings. Joni Odum, Daniels Cablevision, El Camino Real, spoke in favor of a Code amendment to allow their company flag to be displayed along with the National and State flags. Arie DeJong, Coast Waste Management Company, concurred with the previous speakers for exemptions to organizations or businesses to allow them to fly company flags. Council denied the request, and filed the matter. Lewis xx Kulchin X Mamaux X 23. AB #10,758 - GENERAL MUNICIPAL ELECTION - NOVEMBER 6, 1990. Council adopted the following Resolutions: (one xx Mamaux X Kulchin mot ion) X Lewis RESOLUTION NO. 90-279, amending Resolution Nos. 90- 197 and 90-198 calling and giving notice of the holding of the General Municipal Election to be held in the City on Tuesday, November 6, 1990, to include the submission to the qualified electors a question relating to making the office of City Treasurer appointive and a question relating to making the office of City Clerk appointive. #I_ u .I a 0 MINUTES c j August 7, 1990 Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) RESOLUTION NO. 90-280, authorizing the Mayor to file a written argument regarding a City measure. RESOLUTION NO. 90-281, authorizing the Mayor to file a written argument regarding a City measure. 24. AB #10,760 - REFUSE COLLECTION RATE INCREASE. Council adopted the following Resolution: RESOLUTION 90-285, revising the monthly refuse collection and curbside recycling rates for the City of Carlsbad. 25. AB #10,714 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. This item was continued. 26. AB #10,715 - APPOINTMENTS TO BEACH EROSION COMMITTEE. This item was continued. - CCWNCIL REPORTS : Council Members reported on recent meetings and activities of the Committees and Subcommittees of which tlhey are Members. - CLOSED SESSION: 27. CLOSED SESSION PENDING LITIGATION. Council adjourned to a Closed Session at 9:02 p.m., to discuss Kahn v. Acrarwal, Citv of Carlsbad, Case No. N41143, pursuant to Government Code Section 54956.9(a). Council re-convened at 9:08 p.m., with three Members present and Council Members Pettine and Larson absent. Mayor Lewis announced that Council had heard the report and instructed the Attorney concerning the litigation. - ADJOURNMENT : By proper motion, the Meeting of August 7, 1990, was adjourned at 9:09 p.m. Respectfully submitted, /" ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk !* During approval of Minutes, Council Member Mamaux indicated he had intended to abstain on Item f3. 1 IL7 - COUNCIL /\I\ %9+\%4, MEMBERS Z. rl, Z. rl, Lewis Kulchin X xx Mamaux X Lewis Kulchin xx X Mamaux X