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Home My WebLink About1991-08-20; City Council; Minutes(h e 0 I MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 20, 1991 Time of Meeting: 6:OO p.m. . Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:05 p.m. ROU CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent: None. INVOCATION was given by Minister Nancy Norman of Unity of Carlsbad. PLEDGE OF AI&-EGIANCE was led by Mayor Pro Tern Kulchin. APPROVAL OF MINUTES: (one motion) The Minutes of the Special Xeeting held J~ly 23, 1991, were approved as presented. The Minutes of the Regular Meeting held July 23, 1991, were approved as presented. The Minutes of the Special Meeting held August 6, 1991, were approved as presented. CONSEKT CALENDAR: Mayor Lewis removed 1te.n 51 from the Consent Calendar. Caxlci.1 affirmed the ac.tion of the Conserit Calendar, with the exception of Item #1, as follows: WAIVER OF ORDINANCE TEXT READING: Ccuncii waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #11,258,- MEMORANDUM 3F AGREEMENT BETWEEN THE CITY, THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND THE FISLD_SCNE COMPANY. This item was removed frcm the Consent Calendar. 2. AB 811,269 - PURCHASE OF REPLACEMENT MOTORCYCLE. Council adopted RESOLUTION NO. 91-258, authorizing the appropriation of $7,000 from the Central Garage Replacement Fund and approving the purchase of a replacement Police motorcycle. 3. AB #11,290 :-_ABOVE-GROUND ENCROACHXENT FOR 3471 DONNA DRIVE - PF: 4.44. Council edoEte.3 BESCLUTICM NO. 91-2!9_, approving an above-ground encroachment p+rnit. i~r- a six-foot block retair,ing wall at 3471 Donna Drive and approving an erxroachment agreement with Lynn M. and Daniel H. Zohnson. 16 ? -.. COUNCIL I\/\ %%%(to MEMBERS % %% % Lewis X Nygaard X Stanton X Larson xx Kulchin X Lew i M X Nygaard X Stanton X Larson xx Kulchin X V* L 0 0 MINUTES August 20, 1991 Page 2 CONSENT CALENDAR: (Continued) 4. AB #11.,291 - AWARD OF CONTRACT - PALOMAR AIRPORT ROAD/PALOMAR OAKS WAY TRAFFIC SIGNAL - PROJECT NO. 3345. Council adopted RESOLUTION NO. 91-260, accepting bids and awarding the contract to Knox Electric, in the amount of $73,264, for the construction of the Palomar Airport Road/Palomar Oaks Way traffic signal. 5. AB #11,292-.- REPORT ON CITY INVESTMENTS. Council accspted the City Treasurer's report on the status of City investments as of July 31, 1991. 6. AB #11,293 - AWARD OF COWTRACT - LF_O_CAtULLO RANCH ~."""--- STRUCTURAL STABILIZATI0:'J - PROJECT 110. 33iG. Council adopted RESOLUTION NO. 9l-261, accepting bids and awarding the cmtract to Eagle Restorations and Buildsrs, Inc., in the amount of $298,254, for the construction of the Leo Carrillo Ranch stabilization. 7. AB #11,294 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE 1991-92 PAVELIENT OVERLAY P_P,OGRAM - CONTRACT NO. U/M 92-2. Council adopted RESOLUTION NO. 91-262, approving contract documents, plans, specifications and special provisions, and authorizing the advertisement for bids for the 1091-92 Pavement Overlay Program. 8. Ai3 #L1,295 - SETTLEMZNT OF WOItYEEtS COMPENSA,PION " CSAII.4 OF JAMES CONTINO. Council adopted RESOLUTIOH NO. 91-263, approving the Stipulations with Request for Award and authorizing the payment of $8,715, at the rate ct $140 per week, to James Contino as settlement of his Workers Conlpensation claim. 9. =#11,296 - ACCEPTANCE OF COUNTY"0F SAN DIEGO TECHNICAL ASSISTANCE GRANT. Council adopted RESOLUTION NO, 91-264, authorizing acceptance of the County of San Diego Technical Assistance Program grant in the amount of $65,000, and appropriati-ng the funds for the purchase of recycling contairers Tor the :-;.;r.rbrjide recycling pri>g r am. 10. hB #11,237 - P.'Z?ROVhL OF FII\TAL 14AP - C?' 89-1.4 :. MALDONADO GARDENS. Council ado;?ted RESOLUTION NO. 91-265, appoving the final map for CT 89-14 /6 6 7- COUNCIL /\I\ % %$ % MEMBERS % $% % e 0 MINUTES August 20, 1991 Page 3 CONSENT CALENDAR: (Continued) 11. AB #11,298 - REOUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 91-266, authorizing the destruction of certain files in the Redevelopment Department. 12. AB #11,299 - CONTRACT FOR ANIMAL CONTROL SERVICES. Council adopted RESOLUTION NO. 91-267, approving an agreement with the County of San Diego for the provision of Animal Control Services for fiscal years 1991-92 through 1995-96. ITEM REMOVED FROM THE CONSENT CALENDAR: 1. &#11,288 - MEMORANDUM OF AGRSEWNT BETWEEN T!G CITY, THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND THE FIELDSTONE COMPANY. Dolores Welty, 2076 Sheridan Road, Leucadia, representing PROJECT FUTURE, read her letter dated August 20, 1991, in opposition to the agreement. Council adopted the following Resolution: RESOLUTION NO. 91-257, approvirq the Memorandum of Agreement between the City of Carlsbad, the California Department of Fish and Game and tk.e Fieldstone Company regarding the.@ity of Carlsbad Coastal Sage Scrub Habitat Program. PUBLIC COMMENT: Kay Christiansen, 2802 Carlsbad Boulevard, President of the Historical Society, asked Council to come to the assistance of the Society in the planning for the Fiesta en el Barrio, planned for September 15, 1991. Sne asked the City to waive the Police Fee for the Fiesta. Council determined that the need to consider this item arose after the Agenda was completed; therefore, they agreed to add the item to the Agenda for discussion and act ion. FIESTA EN EL BARRIO Council determined that the City of Carlsbad would donate a sum of $2,800 to the Fiesta en el Barrio for 1991. /6 5 - I COUNCIL \$ %PA /o %p/ MEMBERS *;t. 6 $ Lewis xx Kulchin X X Nygaard X Stanton X Larson Lewis xx Kulchin X X Nygaard X Stanton X Larson Lewis Ku1chj.n X X St silt 02 xx Lars2n X Nygazr? X h r ! 0 0 MINUTES August 20, 1991 Page 4 ORDINANCES FOR ADOPTICI!: 13. AB #11,300 - ADOPTION OF INFILL GRADING ORDINANCE. Council adopted the following Ordinance: ORDINANCE NO. NS-168, amending Title 11 by the amendment of Chapter 11.06 of the Carlsbad Municipal Code to establish procedures and standards for infill grading. 14. AB #11,301 - SPECIFIC PLAN AND S-ITE DEVELOPMENT PLAN ALEN3MENT TO ALLOW A CELIC'A'TESSEN WITHIN EXISTING AUTO SERVICE CENTER - SP_19(E) /SDP 18: 3(A) - CAA COUNTRY PLAZA DELI. Council adopted the following Ordinance and Resolution: (one motion) ORDINANCE NO. NS-166, approving Specific Plan Amendment SP 19(E) for the Car Country expansion generally located east of the existing Car Country: and RESOLUTION NO. 91-168, approving a Site Development Plan 88-3(A) for a 1,080 square foot .delicatessen 3rl property generally located in the- Car Country expansion solth of Cannon Road, east of Paseo Del Norte. PUBIAIC HEARINGS: 15. AE 511,302 - ADOPTION OF 1990 EDITION OF NATIONAL - ELECTRICAL CODE WITH MODIFICATIONS. Mayor Lewis opened the duly noticed Public Hearing at 6:54 p.m., and issued the invitaticn to speak. Sin22 no one wished to speak on this aatter, the Public Hearing was closed. Council adopted the following Ordinance: ORDINANCE NO. NS-165 amending Title 18, Chapter 18.12, to adopt by reference the National Electrical Code (1990 Edition). 16. AB #11,303 - AMENDMENT TO PARKS AND RECREATION ELEMENT OF THE GENERAL PLAN - GPA 90-6. Council Member Kulchin stated Council had recelved a letter from Anne Mauch, representing PROJECT FUTUF.E, asking that action GKI this Element. bz held up ur-til ;I compretensivc Caneral Plan was in place, Mayor Lewis opened the duly noticed Public Hssriny at 7:27 p.m., and issued the invitation to speak. Tom Averell, 3325 Phillips Street, Vista, representing Friends of Lake Calavera, spoke in opposition to a golf course at Lake Calavera. 16 y COUNCIL \$ %PA /o J+s MEMBERS * @ 9 Lewis Stanton xx Larson X Kulchin X X Nygaard X Lewis Stanton X Larson xx Kulchin X X Nygaard X Lewis Stanton X Larstn xx Kulchin X X Nygaard X a, $& a e MINUTES COUNCIL I\/\ %%%$ August 20, 1991 Page 5 MEMBERS Z. 8 Z. 8 PUBLIC HEARINGS: (Continued) Heida Coates, 2385 Oak Avenue, representing Friends of Lake Calavera, spoke in opposition to the golf course at Lake Calavera. Donna Engleman, 1320 Hillview Court, spoke in opposition to the Lake Calavera golf course. Kathy Antonacci, 3447 Seabreeze Walk, Friends of Lake Calavera, spoke in opposition to the golf course at Lake Calavera. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:42 p.m. Council directed the City Attorney to prepare Lewis X dxumsnte arprorinq the Negat i-re Declaration issued Kulchin X by t5e Tlanning Director, and approving GPA 9(;.*5, Lsrson xx with the following ataendments: Stanton X Nygaard X 1. Pages VIII-13, Policy C-6 add the following: "With the inclusicn of Aviara Oaks, no further school sites will be used to meet the park standard, rather only to enhance the park inventory. *' 2. Pages VIII-11, Objective B-7, add the following: *' . . .by the City. " 3. PagiEIs VIII-9, M.W. Quadrant, #1 amended to read as follows: "Acquisition of +70 acres/community park at Magnolia Street, Pine Street or other site as determined by the City Council. I' 1'1. AB #11,304 - AMENDMENT TO THE OPEN SPACE AND "" COMSSRVATION ELEMENT OF THE GENERAL PLAN", GPA 90- - '5 . Mayor Lewis opened the duly noticed Public Hearing at 8:03 p.m., and issued the invitation to speak. Fay Round, Chairman of the Open Space Advisory Committee, spoke in favor of the Open Space and Conservation Element. Jack Henthorn, 5431 Avenida Encinas, Suite G, requested an amendment to C-11 to allow powerline easements to count torrard meeting the Open Space standards. Kike HOWe::, EItJfrnan Planning Associat.es, 2386 Faraday Avenue, Suite 120, stated he supported Fir. Henthorn's statement regarding credit for powerline easements. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:15 p.m. /63 0 e -. MINUTES August 20, 1991 Page 6 PUBLIC HEARINGS: (Continued) Council directed the City Attorney to prepare documents approving the Negative Declaration issued by the Planning Director and approving GPA 90-5, adopting a new, revised Open Space and Conservation Element, including the additional changes to Policy C.8 on Page VII-14, Policy C.9 on Page VII-7 and Page VII-2, reference to State Law as recommended by staff in the Memorandum to the City Manager from the Planning Director dated June 21, 1991. RECESS: Mayor Lewis declared a Recess at 8:25 p.m., and Council re-convened at 8:35 p.m., with all Members present. =US;NG AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 8:35 p.m., and re-convened at 8:40 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 18. AB #11,305 - ANNUAL REPORT ON CITY INVES'J!MENTS. Council accepted and filed the report. 19. AB #ll, 306 - CONSISTENT TERM LENGTHS Fm BOARDS, COMMISSIONS AND COMMITTEES. Council adopted the following Resolutions and introduced the following Ordinance: (one motion) RESOLUTION NO. 91-269, amending Resolution No. 8443 to provide four-year terms for members of the Citizen's Committee to Study Growth. RESOLUTION NO. 91-270, amending Resolution No. 90- 3 to provide four-year terms for members of the Carlsbad Sister City Committee. RESOLUTION NO. 91-271, asking the Board of Directors of the Foundation for Carlsbad Community Cable Television to process a By-Law Amendment providing four-year terms for future Board Members. ORDINANCE NO. NS-169, amending various chapters and sections of Title 2 of the Carlsbad Municipal Code to provide uniform provisions for the membership and appointment of the City's Boards, Commissions and Committees, including four-year terms. 20. AB #11,30~- AXENDMENT OF CARLSBAD MJNICIPAL CODE TO REOUIRE INSTALLATION OF LOW-FLUSH TOIIJETS. Council introduced the following Ordinance: ORDINANCE NO. NS-170, amending Title 15, Chapter 18.16, by the addition of Section 18.16.070 to the Carlsbad Municipal Code to amen2 by reference the Uniform Plumbing Code, :L988 edition to require ultra-low-flush toilets. M !I 1 I COUNCIL \j$i %?&%+ MEMBERS Z. (2, Z. (2, Lewis xx Nygaard X Stanton X Larson X Kulchin X Lewis X Nygaard X Stanton X Larson xx Kulchin X Lewis X Nygaard X Stanton X LarsGn X Ku1chi.n xx .* I ,e 0 MINUTES August 20, 1991 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council requested staff to return with a report from the Water Commission concerning possible implementation of a requirement for the installation of ultra-low-flush toilets at time of property resale. 21. AB 511,308 - ELIMINATION OF ADVISORY AND APPEALS BOARD. Council introduced the following Ordinance: ORDINANCE NO. NS-171, amending Title 18, of the Carlsbad Municipal Code, by the deletion of Chapter 1.36 to eliminate the Advisory and Appeals Board. 22. AB f11,309 - CHILD CARE COMMISSION APPOINTMENTS. 23. AB #11,310 - CARLSBAD COMMUNITY CABLE TELEVIm FOUNDATION APPOINTMENT. 24. AB #11,311 - PARKS AND RECREATION COMMISSION APPOINTMENTS. Council adopted the following Resolutions: (one mot ion ) RESOLUTION NO. 91-272, reappointing Linda Gilk to the Child Care Commissior.;. RESOLUTION NO. 91-271, reappointing Mark S:hwei to the Child Care Commission RESOLUTION NO. 91-274, appointing Trustee Sharon Faithful to the Carlsbad Community Cable Television Foundat ion. RESOLIJPION PJO. 91-272, reappointing Kim t?elshons to the Parks and Recreatlon Commission. RESOLUTION NO. 91-277, reappointing David Castner to the Parks and Recreation Commission. Resolution No. 91-276 was continued to September 3, 1991. ADJOURNMENT : By proper motion, the Meeting of August 20, 1991, was adjourned at 9:17 p.m., to Tuesday, August 27, 1991, 7:OO p.m., Council Chambers, for a Southeast Quadrant Meeting . Respectfully submitted, aecp;6Isk- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk J // / - COUNCIL I\/\ % %' % MEMBERS % %% % Lewis X Nygaard X Stanton xx Larson X Kulchin X Lewis X Nygaard X Stanton X Larson xx Kulchin X Lewis X Nygaard X Stanton X Larson X Kulchin xx