HomeMy WebLinkAbout1985-01-08; City Council; Minutes- c
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Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 8, 1985 \p 5
Time of Meeting: 6:OO p.m. COUNCIL % %'
Place of Meeting: City Council Chambers MEMBERS % $
CALL To ORDER
The Meeting was called to order by Mayor Casler at
6:OO p.m.
ROLL CALL, was taken by the City Clerk as follows:
Present: Council Members Casler, Lewis,
Kulchin, Chick and Pettine.
Absent : None.
CONSENT mENDAR:
Council Member Lewis asked for Item #2 to be withdrawn from the Consent Calendar.
Council confirmed the action of the Consent Calendar, Casler
with the exception of Item #2, as follows: Lewis
Kulchin X Chick
Pettine
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all ordinances and resolutions at this meting,
(50) 1. AB #8010 - REFUND OF FEES.
Council approved the refund of $1,995.00 to Louis Varkovachi for overpayment of school fees.
(50) 2. Item wa.s withdrawn from the Censent Calendar.
(99) 3 . AI3 #6657 - Stg?lement #I 0 - FINAL ElAe FOR CXRISI3AD TRACT 81-16 - UNIT NO. 5 - VISTA SANTA FE.
Council approved the Final Map of Carlsbad Tract 81-
16, Unit No. 5.
Council adopted RESOLUTION No. 7867, acceptinu a grant deed for park purposes.
(99) 4. AB #6657 - Supplement 81 1 - FINAL MAP FOR cAIu;sBAD
TRACT 81-16 - UNIT No. 6 - VISTA SANTA FE.
Council approved the Final map of Carlsbad Tract 81-
16, Unit No. 6.
Council adopted RESOLUTION NO. 7868, accepting a
grant deed for park purposes.
(107) 5, AB #8012 - STREET VACATION OF A POIZTION OF ELM
AVENUE AND A POIYTION OF APPIAN ROAD.
Council adopted RESOLUTION No. 7869, declaring its intention to vacate a portion of Elm Avnue and a
portion of @pian Izoad ,
ITEM WITHDRAWN FROM THE CONSENT CPLENLlAR:
(59) 2. AB #8011 - REFUMD OF FEES.
Council Member Lewis asked for clarification on the
Ponderosa Haws portion and the elimination of the parking lot.
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Council approved the refund of $895.00 to Graham International and $505.00 to Ward Hao, for overpaymnt of fees. (The refund to Ponderosa Homes was clarified and approved later in the meeting - See page 11.)
OFF-AGENDA ITEM :
Council Member Chick requested an off-agenda item be
considered at this time. He requested a re-vote on the
motion passed at the meeting January 7, 1985, regarding the San Marcos Trash-to-Energy Plant.
Council agreed to discuss the off-agenda item.
(55) Assistant City Attorney Dan Hentschke stated in order
to re-vote on the rmtion, the exact motion would have
to be made and voted on. In order to get the exact wording, this item was trailed until later in the meeting. (See paqe 12.)
PUBLIC r.TARmG:
( 77) 6. AB #7902 - Supplement #2 - ACCEPTANCE OF LOCAL
COASTAL PROGRAM AUTHORITY.
Mayor Casler gave the following background:
In June 1981, the LCP was ertified. The City had not accepted this plan because of two major conditions:
First, the agricultural subsidy program required some owners to pay substantial fees for developing their properties and other landowners to keep their land in agriculture in perpituity. Carlsbad is the only City in California where that program is imposed. Second issue,
the City objected to the steep slope and no construction
on slopes of 25 percent or greater. The City agreed that on sm slopes there should not be construction,
but there should be mitigating measures to allow
construction on others. Since June, 1984, Mayor Casler
reported Council Member Chick, City Manager Frank
Aleshire, Tom Hageman and herself had served on a
connnittee meeting regularly to consider adoption of the
Local Coastal Plan. In September of 1984, Cavernor
Deukmejian signed AB 3744, which eliminated the
agricultural subsidy program on January 1, 1985.
Mayor Casler said the Coastal Comission had stated
they had not decided how to address that issue and asked the City to come up with a plan. The City LCP Subcommittee has discussed several possible amendments
and decided on the one before the Council tonight.
Mayor Casler explained under the proposed amendment, the
land desiunated as developable agriculture wuld pay a fee of $6,500 an acre, if developed. The mney would be used by the City to purchase agriculture land at a fair value, with agricultural preservation where feasible .
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Mayor Casler said the State Coastal Conmission approved the existinq LCP, which had imposed fees for development. She said the legislature, by approving the Bradley Rill, allowed that of the mney already collected, one third would he kept by the Coastal Conservancy for agriculture, and. tm-thirds returned to the payers.
Mayor Casler added that agriculture is a
dwindling resource in Carlsbad, with some farmers
taking bankruptcy and others just walking away from
their leases. One third of the land farmed in 1982 is now lying idle. Costs have taken its toll and the
Comittee feels this problem must be solved.
Mayor Casler referred to exhibits on the overhead
projector, as follows:
The first exhibit showed the Coastal Zone in Carlsbad,
and the second exhibit showel. the soils types in the
Coastal Zones. Mayor Casler mmnted there is no
Class 1 soil in the City. (That is the mst prime
soil . )
The next graphic showed the lands called out in LB
which must address agriculture in any plan which is presented.
The last graphic shawed the proposed program and the area to be assessed, if it is converted.
At the conclusion of the public hearing, Mayor Casler
stated Council should decide whether to proceed with the six-week review. This would allow written
comments and further study. If Council does decide to
go ahead, a final public hearing would be held on February 19, and a final decision made whether or not to submit these amendmnts to the Comnission and apply for permit authority.
Mayor Casler opened the public hearing at 6:16 p.m. and issued the invitation to speak.
Mr. Robert Kelly, representing the Kelly family, 2770
Sunny Creek Road, stated his family owns approximately
90 acres, and he has mixed feelings on this item. The agriculture mitisation fee, which would be paid by property Owners is due and payable on all acreage, if they are only developing a few acres, and he felt this should be done in a mre equitable way. Mr. Kelly said his main objection to the plan is that all of the inequities of the Coastal Plan are still there. He said that the mjority of their land has never been farmed and has been awned by the family for 120 years. One year they leased 15 acres, but the farmer lost money. Mr. Kelly felt those issues are not addressed
by the City of Carlsbad. He added he is in favor of working with the City of Carlsbad and felt the Coastal Connnission was impossible to work with. He felt this
would be the lessor of two evils.
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Mr. Kelly agreed that six weeks' study of the prayram
was necessary and added they should not be under the Coastal Conmission.
Mr. Don Steffenson, Vice-president of Lusk and Company,
owners of property at 1-5 and Poinsettia, stated they
had some concerns as to the use of the property. They
supported the Bradley Bill, and had discussed the
City's proposal. He expressed the hope they would have
an opportunity to study this further and meet with
staff. Mr. Steffenson said they were in favor of the City regaining control of land use and would offer their support.
Mr. Doug Avis, representing Steve Bieri, 11300 Sorrento
Valley Road, San Diqo, conplimented Council in mving
toward gaining control of the implementation of the LCP.
He stated their 130 acres are the mst distant from the
coast in the Coastal Plan. He stated the 25 percent
slope issue affected them, and he felt strict enforcement of that policy limited developers. On their property, only three acres had been farmed and they are outside of the area designated agriculture. He pointed out the areas of 25 percent slope or mre and added they
would participate in the meetings and hoped there would
be flexibility in dealing with the man-made slopes.
In answer to Council query, Mr. Avis stated he had not
received copies of the mitigating features for the 25 percent slope areas,
Mr. John Eriggs, Sds Properties, praised the Comittee for its mrk and urged the City Council to
continue this examination and adoption of the LCP to
enable the City to resume control. He stated his willingness to wrk with staff.
Mr. Larry Clemens, €PI, 1970 North El Camino Real, Encinitas, stated HPI was not in position to support or oppose the LCP and staff's recomnendations. Mr. Clemens stated they supported the City having jurisdiction and the aggressive stand the City has taken in order to get that control.
Mr. Clemns stated agriculture is a dwindling resource in this area and said in the last twelve mnths through
attrition the acreage in agriculture had gone from 275
to 70 acres. He said he discussed this with the
Coastal Cormnission staff and intended to pursue this
with the Coastal Corranission itself. He stated his objection to mnies king assessed and disbursed into
agriculture, since it is not a viable industry. He
felt $6,500 per acre was too much mney to be &arged for development rights on any property, wherever it might be. Mr. Clemens said HPI intended to enhance the
lagoon east of 1-5, but could not support paying an
additional $6,500 per acre for that right.
Mr. Clemens said the enhancemnt of the lagoon by HPI will cost one third mre than the ten million ciollars estimated for the agricultural preservation. He felt
this amendment should not be a working part of the
LCP.
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As to the 25 percent slope amendnent, Mr. Clans stated the important pint is how the land is graded.
He felt grading should be oonsidered on a case-by-case basis, with emphasis on the end result as far as stability and visual impact.
Mr. Clans stated he was in favor of the six-weeks I review and volunteered to help in that review.
Mr. David Thqson, 7440 Batiquitos Drive, stated he was in the greenhouse business and intended to stay in agriculture. He said he would not be interested in getting mney from an agriculture subsidy and just wanted to be able to do what he wanted when he wanted.
Mr. Jim Hicks, 6994 El Camino Real, Bankers Life Property, stated they would like to cooperate with the
City first and Coastal Codssion second and are
neither for or against the proposed LB. In answer to query, Mr. Hicks said they were growing flowers at the
present time and were willing to pay $27,000 per acre before the Bradley Bill passed, but now would not have to do that.
Since no one else wished to speak on this item, the public hearing was closed at 6:37 p.m.
Council Member Lewis commented that three of the seven speakers had opposed the irmenhnts, and he felt there should be a oompromise.
Council Member Pettine said he had a problem with the agricultural subsidy and did not have a clear picture
where the land to be purchased would be located. He
suggested staff corn back with mre specific proposals
and plans as to where the ten million dollars muld be spent. He said it could happen that there was no land
to purchase and the end result muld be no land
preserved.
Council Mer Chick pointed out that what Council was
dealing with toniqht was the Corrunittee rewmndation, and not just staff's, and was the result of long, detailed sessions to come up with ampromise wording.
The permanent agricultural preservation is impossible to live with, and the Bradley Bill was passed to relieve that. However, the Coastal Conmission has its own interpretation of that, and the Council may not agree with that. This was the first wording worked out and might not be the last, and he added that wording was needed that was acceptable to the Coastal Codssion as
well as to the City.
Council directed staff to establish a 6-week review Casler X period, to begin Janua.ry 9, 1985, and end at a Lewis
February 19, 1985, public hearing, durinu which Kulchin interested parties my review Ldcp documents and Chick
prepare amendments, Pettine
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DEPAR!!J4EB?TAL ANB CITY MANAGER REPORTS:
City Manager
( 29 ) 7. AB a801 3 - MID-YEAR BUDGET AND AnD-BAcK REVIEW.
City Manager Frank Aleshire, with Assistant City Manager Rank Mannen using the chalkboard to illustrate the figures, stated the add-backs as requested in the
Agenda Bill would total $1.2 million.
Mr. Aleshire stated if all items were approved, it
would increase the budget next year by two million
dollars, with the risk that if less mney is received
from the development sector next year, there muld be
a deficit.
Mayor Casler mnunented there were capital projects included in the list, totaling $128,000, which would
not k continued next year.
Mr. Aleshire asked that Item #19 be deleted, as mre study is needed for that request. He asked that a
substitute be made for that item, and that request is
for $20,000 to support the Planning Staff for the
General Plan Review. He distributed a memorandum.
explaining the request.
1. Police - $77,000.00
Police Chief Jimno reported on this item, with transparencies used to show the existinq five beats
and the proposed division with the additional kat, with the division being in Beat 44.
Council approved Item fF1, for five sworn police
officers, for add-back to the 1984-85 budget in the
munt of $77,000.00.
2. Utilities and Maintenance - $700,000.00
Roger Greer, Director of Utilities/Maintenance, wether
with Street Superintendent Chuck Mitchell and Gregg
Woods, reported on this item, stating a consultant hae
studied every street in the City, and this request Fbould
bring the maintenance up to a desirable standard. He
stated they have spent $200,000.00, and should have spent $900,000.00 per year. Mr. Greer used a flip chart showinq a five-year plan for the maintenance program.
Council approved Item #2, for Street Overlay Program, for add-back to the 1984-85 buduet in the amount of
$700,000.00.
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3. Utilities and Maintenance - $60,000.00
City Manager Frank Aleshire explained this was a one-
time expense.
Council approved Item #3, for a Street Striping Machine, for add-back to the 1984-85 budget in the amount of $60,000.00.
4. police - $8,500.00
This item was deferred to the end of this discussion by consensus of Council.
5. City Clerk - $5,000.00
City Manager Frank Aleshire explained this item was for
City Clerk to hire part-time help and pay overtime for
extra meetings.
Council approved Item #5, for Overtime and Part-Time
Help for City Clerk's Office, for add-back to the
1984-85 budget in the amount of $5,000.00.
6. Parks and Recreation - $18,850.00
Dave Bradstreet, Director of Parks & Recreation, and Marty Orenyak, Director of Building and Planning, explained the need for Cities who receive Federal monies to amply with requiremnts to provide mnplete handicap facilities.
Council approved Item #6, for a Mower, Harding Center Office security and heating, Chain Saws, Chair reupholstery for the Council Chambers audience chairs
and to Remodel the City Hall Restrooms, for add-back to
the 1984-85 budget in the amount of $18,850.00.
RECESS :
Mayor Casler declared a recess at 7:57 p.m., and
Council re-convened at 8:06 p.m., with all Mernbers present .
AB #8013 - Continued
7. Land Use Planning - $16,000.00
8. Land Use Planning - $16,000.00
19. Funds for General Plan Review - $20,000.00
Mike Holzmiller, Land Use Planning Manager, reported on
the need for the additional personnel, particularly
with the General Plan Review work to be done in the coming six mnths.
Council approved Item #7, $16,000.00 for an Assistant
Planner, and Item #8, $16,000.00, for Administrative Assistant 11, $16,000.00, and the new Item #19 for
$20,000.00 for the Ceneral Plan Review, for add-back
to the 1984-85 buduet.
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9. Library - $11,000.00
Cliff Lange, Director of the Library, reported on the
add-back for Additional Hours for the Main Library and
the Branch Library.
Council approved Item #9, for Additional Casler
Hours at the Libraries, for add-back to the Lewis 1984-85 budget in the amount of $11,000.00. Kulchin X
Chick Pettine
10. City Manager - $25,000.00
City Manager Frank Aleshire reported on this request
for an Assistant City Manager.
Council approved Item #lo, for an Assistant City Casler Manager, for add-back to the 1984-85 budget in the Lewis
munt of $25,000.OQ. Kulchin Chick X Pettine
11. Finance - $16,000.00
~im Elliott, Finance Director, reported on the request
for an Accountant to work half time for Finance and
half time for the City Treasurer.
Council approved Item #11, for an Accountant half Casler time in Finance and half time in City Treasurer's Lewis X
office, for add-back to the 1984-85 budget in the Kulchin
amount of $16,000.00. Chick Pettine
12. Arts Program - $50,000.00
Mayor Casler reported Council Member Chick and she are on this Board and the use of the mney will be determined by the Fine Arts Codttee.
Council Member Chick mmnted he felt there should not
be a specific amount listed, and the total munt of
TOT tax should be examined.
Council Member Pettine stated he was uncomfortable with allocating mney without knowinq how it muld be spent.
He added. he wanted. it to proceed, but wanted to look at the financial aspects later.
Council Member Lewis stated he could not support this item until he knew where the mney was going to be
spent.
Council approved Item # 12, for an appropriation equal Casler to approximately 5% of the lyrr for the Fine Arts Lewis
Codttee, for add-back to the 1984-85 budget in the Kulchin
munt of $50,000.00. Chick X Pettine
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13. Public Information Office - $25,000.00
Jim Elliott, Finance Director, responded to questions regarding current budgetary figures for the activity.
Mayor Casler cmmnted that she felt this item could be
deleted until the new budget is presented.
Council deleted Item #13 from the budget add-back list.
14. Engineering - $17,500.00
Ron Beckman, City Engineer, reported on this item requesting tm Engineerinq Technician 1's.
Council approved Item #14, for two Engineering Technician I's, for add-back to the 1984-85 budget in the amount of $17,500.00.
15. Purchasing - $6,000.00
The City Manager reported on the item.
Council deleted Item #15 from the budget add-back list.
16. Personnel - $15,000.00
Jerry Pieti, Personnel Director, gave the report on
this request for an Administrative Assistant I, detailing the mrk load of the Department.
Council Member Pettine stated he cannot support this request at this time.
Council adopted Item 416, for an Administrative Assistant I for the Personnel
Departmnt, for M-back to the 1984-85 budget in
the amount of $15,000.00.
17. [Jtilities and Maintenance - $50,000.00
Mayor Casler stated this Sidewalk Program Design and Plan auld be part of the Redevelopment Program.
Council approved Item $17, $50,000.00 for Sidewalk Prqram Design and Plan, as a loan to Redevelopent, with the stipulation that the loan be paid back out of Redevelopment funds.
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18. Chamber of Comrce - $100,000.00
The Chamber of Comrce had a presentation on this item as follows:
Mr. Bob Watson, President-Elect of Chamber of Commerce,
P. 0. Box 1605, gave a presentation on this item, as contained in the report included in the packet.
Mr. Mike Straub, 3360 Monroe, spoke on behalf of this item, stating tourism is the equivalent of Car Country in terms of mney to the City. Mr. Straub felt that when the 2,000 motel moms are available, the Chamber
will need to help insure those room all being filled to capacity. If that happens, the City, by reason of
an eight to ten percent increase in occupancy, will have its investment repaid.
Mrs. Patra Straub, 3360 Monroe, spoke about visitors being interested in the uniqueness of the area, the
scenery, culture and history.
Mrs. E'rankie Runzo, 355 Elm, addressed Council in favor of the Chamber of Coerce to attract tourists and felt the Chamber wuld account for how the mney was spent.
In response to query, it was stated this was a separate
program, and in no way affiliated with construction of facilities.
Council Member Lewis stated that citizens he talked with felt the Chamber of Corranerce should be self- sufficient, with some people feeling the City should limit any agreement with Chamber to three years, and then phase out. He added that mst citizens did not favor the Chamber moving away from the depot.
Council Member Pettine said the people are concerned about the amount of mney requested by the Chamber. He felt the munt should be scaled down and matching funds should be sought from the businesses benefited
Council Member Lewis said he supported the concept, but
could not sumrt the total program.
Mayor Casler expressed a willingness to invest in the program for a muple of years.
Council approved Item 818, for Chamber of
Commerce -ration of a Visitor Information Bureau, for add-back to the 1984-85 budget in the amount
of $100,QQO.00.
4. police - $8,500.00
This Item was re-considered, with Council approving a Police Service Aide, for add-back to the 1984-85
budget in the amount of $8,500.00.
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RESOLUTION NO. 7870, AppIiovING THE APPFOPRIATION OF
FUNDS NECESSARY ?o COVER THE EXPENDITURES AS CUTLIfaEB
IN THE 1984-85 BWGT ADD-BACK PROPOSAL, was amsidered adopted in accordance with the previous actions.
City Council
8. AB #7640 - Supplement C2 - - OF SWAG
JOINT POWERS AmENEBT.
City Manager Frank Aleshire gave the reprt on this item.
Council adopted the following Resolution: Casler X Lewis
RESOLUTION NO. 7871, APPFOVDZ THE SEVENTH AMEMIMESVT TI Kulchin
THE SAN DIEGO ASSOCIATION OF GOVE- JOINT pc%JERs Chick
AGREE"I', Pettine
City Attorney
9. AB #8008 - Supplement #1 - INflERIM PLANNING
POLICIES DuRlhy; GENE€?AL PLAN LAND USE ELEMENT REVLEW.
Assistant City Attorney Dan Hentschke stated the new Resolution had been submitted as instructed by Council.
Mr. Bob Ladwig, 3008 Pi0 Pia, addressed Council
regarding the non-residential requests for zone
change, stating it was clear in the language tonight,
Mayor Casler stated staff indicated that some projects have already had staff wrk mmpleted. She added that staff felt the interim policies should not apply to
those projects.
Council adopted the following Resolution: Casler Lewis RESOLLTION NO. 7872, ESTABLISHING INTERIM PLANNING Kulchin X
POLICIES DL?RI&?G THE GENERAL PM LAND USE ELEMENT Chick
REVIEW, amended to include a provision for exempting Pettine
those projects with mnpleted staff work, to be
identified by the Land Use Manager.
CLARIFICATION OF ITEM #2
Assistant City Manager Frank Mannen reported on Item
#2, as requested by Council Member Lewis.
Ponderosa Homes Refund
Mr. Mannen stated the parking lot was to be part of the
model home amplex, the fee was paid for the building permit, but the rodel home was not built. This was the
refund of the building permit.
Council approved the refund to Ponderosa HOES of fees Casler
totaling $3,230.05. Lewis X
Kulchin Chick Pettine
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OFF-AGENDA I'I":
(55) Council Meuber Chick asked Council to re-consider the
vote taken on the notion regarding the San Marcos Trash Plant.
City Clerk Lee Rautenkranz read the Resolution as voted
on mnday, January 7, 1985.
Council adopted the following Resolution:
RESOLUTION No. 7873:
BE IT HEREBY RESOLVED that the City Council of the City
of Carlsbad desired to go on record as opposing the proposed site of the trash-to-energy plant based on the potential negative impacts on air quality and traffic,
as well as the experimntal nature of the plant, and urges the City of San Marcos to continue to wrk towards a solution to the landfill problem on a
regional basis through consultation with other cities
of North County,
ADJOURNMENT:
By proper mtion, the Keeting of January 8, 1985, was
adjourned at 9:39 p.m.
Respectfully submitted,
aU&L 4.e- ALm L. m-2 City Clerk
Harriett Babbitt Minutes Clerk
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