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HomeMy WebLinkAbout1985-03-12; City Council; Minutes- I 1 0 MINUTES 0 eeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: March 12, 1985 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chan-bers ~ CALL, TO OFUIER: I The Meeting was called to order by Mayor Casler at 6:OO p.m. ROLL CALL was taken by the Deputy City Clerk as follows: Present: Council Members Casler, Lewis, Chick and Pettine. Absent: Council Member Kulchin Mayor Casler announced that anyone present could ask for a continuance on an item until there is a full Council. Mr. Ken Lounsbery, General Counsel, representing Davis Developers, stated he muld like to reguest a continuance on Item #1 for one week. Planning [ 1 13) 1 * AE? #7999 - Supplement #I - REQUEST FOR. APPROVAL OF A SITE DEVELOPMENT PLAN FOR INWSmAL/OFFICE -LEX - SDP 84-5 - CARLSBAD GATEWAY. [ 1 13) 1 * AE? #7999 - Supplement #I - REQUEST FOR. APPROVAL OF A SITE DEVELOPMENT PLAN FOR INWSmAL/OFFICE -LEX - SDP 84-5 - CARLSBAD GATEWAY. Council continued this item for one week. (76) 2. AI3 #8073 - REKXME?X!4ATIOF!S FROM PLANRING CCIVMISSION. Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, restating the recommendation that Item 1 be approved, and Item 2 and 3 be deferred until after the citizen’s cormittee has completed its mrk. Mr. Holzmiller con-unented that the Planning Comnission has concerns about all of the parking requirements in the City and whether they need to be reviewed, and if Council would like an extensive study done at the time staff does this study, as suggested in Item 3, that report could cover all parking requirements. Council approved Item 1 as follows: Council directed staff to develop standards for requiring outdoor employee lunch areas in the appropriate industrial and comrcial zones, and directed that a report on these standards be prepared. City Attorney (48) 3. AI3 #8079 - C”PAIGh7 DISCLOSURE ORDINANCE. City Attorney Vincent Biondo qave the staff report on this item as contained in the Agenda Bill. Mayor Ca.sler felt this Ordinance might not accomplish preventing anyone from trying to hide canpaign financing . In 0 I COUNCIL \p 5 % pL‘ MEMBERS % $ Cas ler Lewis Chick x Pettine Casler Lewis X Chick Pettine - I 0 MINUTES 0 March 12, 198s Page 2 Council Member Chick commented that any large contributions are required by State law to be reported immediately, regardless of this Ordinance. Council. Member Pettine stated he felt the two-prong proposal he originally made would have been the best h7ay to go, but he did support this measure as drafted. Council Member Lewis indicated he felt this Ordinance was a step in the right direction to providing mre information to the public. Council introduced the following Ordinance: ORDINANCE NO. 1276, 24WNDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 1.13 REGARDING ELECTION CAMPAIGN DISCLOSURE, ( 79 ) 4. AB #5779 - Supplement #I 3 - PUBLIC FACILITIES FEES FOR RECREATIONAL PROJECTS. City Attorney Vincent Biondo gave the staff report on this item as contained in the Agenda Bill, statinq this was a policy issue for the Council to determine. Council Member Lewis combnented this type of project brings in people to increase the KT tax and Cbes not require any services from the City such as police, fire, etc. %e other Council Members concurred. Mayor Casler added that this would be a fee for grading, and the City had not charged a fee for grading before. City Manager Frank Aleshire stated there would be a problem on haw to levy the fee on recreational facilities, He reiterated this was a policy issue and if the Council felt it was desirable, staff would make remmndations on how to levy the fee. Council determined this proposal to amend Policy No. 17 should be filed and affirmed the existing policy. Engineering (26) 5. AB #7306 - Supplement #6 - JAMES DRIVE ASSESSMENT DISWCT. Mayor Casler continued this item until 1-ater in the meeting. Pisk 'Manaqement (60) 6. AI3 #8085 - FENEWAL OF ALIOBILE PHYSICAL DAMAGE (45) INSWCE, Assistant City Manaqer Frank Mmien gave the staff report on this item as contained in the 2?genda Bill. Council adopted the following Resolution: RESOLUTION NO. 7928, AUTHORIZING PUFCHTE OF AU'IOMOBILE PHYSICAL DAMAGE INSURANCE. ~ ~ 99 7 \v 5 COUNCIL % 9L MEMBERS % $ Casler Lewis X chick Pettine Cas ler Lewis Chick Pettine X Cas ler Lewis Chick X Pettine ” e 0 MINUTES (57) (8Q) March 12, 1985 y Page 3 COMMISSIONERS %% % $ City Manager 7. AI3 #8086 - PROPOSED ZAKFS EMENT TO THE GEI%RAL PLAN. Mayor Casler, a Member of the Ad Hoc Committee, gave the report on this item stating the Cornittee decided if the City had an Arts Element in the General Plan it would show the City’s dedication to Arts within the City. Council. Member Chick added, as a Member of the Connnittee, he was impressed with the enthusiasm shown by the Cormittee Members. Council referred the Acrenda Bill with the proposed Arts Casler Element of the General Plan to the Planning Commission Lewis for consideration. Chick X - Pettine Building and Planning 8. REQWST FM, MR. CHARLES BFCWN TO ADDRESS THE CITY COrn(XL. Mr. Charles Brown, 2362 Hosp Way, Unit #234, Member of the Grove Board of Directors and representing eighteen residents at the Grove, addressed Council regarding the street sweeping at the Handyman Shopping Center. Mr. Brown stated the noise made by the sweeping machine is excessive and wakes the residents across the street where he lives. They wuld ask the sweeping be done later in the mrning-at 7:OO a.m.-rather than between 1 :00 a.m. and 5:OO a.m., while the Gro~7e residents are s leeping. Mr. Brown had photographs he had taken of the parking lot at 7:QO a.m., at which time he claimed there were no mre cars in the lot than during the night hours. Mr. Brawn stated that the sweeping company is unwilling to re-schedule the sweeping time, since there is no ordinance; two, they claim parking areas must be free of parked vehicles; and third, there is a traffic hazarz if the sweeping is done in the daylight hours. Mr. Brown stated the bedrooms of the units on that side are facing the parkinq lot and receive the full effect of the noise of the sweeping machine. Mr. Brown presented a petition and a letter to the Council for the record. Marty Orenyak, Building and Planning Director, stated the sweeping mchine may not be in good repair, which would acount for the noise. Also, this machine has a blower on it. Mr. Luis Garcia, Rancho Vista Power Sweeping, Vista, stated his company sweeps the Vons Center and the Handyman Center, and it takes approximately two hours each to sweep the lots. Mr. Garcia said it was hazardous, due to traffic, to sweep the lots later in the day, as the machines must pull out into the street in order to sweep the entranceways. 98 - T 0 MINUTES a March 12, 1985 Page 4 (26) Mr. Orenyak suggested that the Handyman lot could be swept at 5230 a.m., since Carl's, Jr. was the only restaurant in the center that opened early. He stated he would like to work out an agreement without passing an ordinance. Council continued this item for two weeks to allow staff to negotiate with the parties to find a solution aqreeable to all as far as the hours for sweeping the Hanwan Center lot. Engineering I 5. AB #7306 - Supplement #6 - JAMES Dm ASSES- DISTRICT. Ron Beckman, City Engineer, gave the staff report on this item as contained in the Agenda Bill, using transparencies to show the two Exhibits as contained in the packet. Mr. Beclanan stated that the owners of Lots 11 and 12 are in favor of the cul-de-sac proposal, but opposed to a through street, and that he felt if the street were put through, the assessment district could fail at the debt limit hearing. The traffic flow was discussed, with Yr. Beckman stating if the street were put all the way thrcugh, the street is a cul-de-sac, all the traffic would come on to Basmood.. Mr. Beckroan stated there was to be a public hearing next week on the formation of this assessment district. If Council decides on the through street, the item will have to be re-noticed. Mr. Craig Castillo, 1581 Oak Avenue, spoke in opposition to a through street, stating the growing traffic on Oak is a concern because of the children in the area, This muld be compounded with a through street, where a cul-de-sac would take care of the homes satisfactorily. Mr. Harry Eckdahl, 1630 James Drive, spoke in opposition to a through street because of the traffic and. the way the street is designed with the short off set at Oak, r -,r\ traffic should divide equally each way, whereas if the \ " - Mr. David McKinley, 1659 James Drive, spoke abut the sweeping curve where James Street connects with Valley Street and the small children living in that area. He felt a through ,street would create mre traffic than just the immediate residents, as people would be seeking a shortcut. Mr. McKinley supported the cul-de- sac concept for traffic safety. Mr. Dave Waite, 1648 James Drive, stated he opposed the extension and was in favor of the cul-de-sac. Council Member Lewis said. the cul-de-sac would only be a temprary solution until lots 1 1 and 12 were developed. Mr. Waite said that would at least buy sone time and not create a hazard before it was necessary. 97 I \p 5 COUNCIL 3 pL MEMBERS % 9 Cas ler Lewis Chick Pettine x - 0 0 MINUTES March 12, 1985 Page 5 Mr. Maurice A. Kimball, 1623 James Drive, spoke in favor of the cul-de-sac, stating this would provide mre safety for children living or visiting in that area. Mayor Casler said there was only a dirt road there at the present time, and the street would be built to half standards only. She stated she did not feel there would be increased traffic on James Drive. Ron Beckman reiterated his belief that the assessment district for the through street would fail at the debt limit hearinq due to the opposition of lots 15, 16 and 17 and possibly 11 and 12. * Council directed Alternative B, a through street as (See shown on Exhibit 2, be set for hearing and adopted the following Resolution: FESOLUTION NO. 7927, DECLARING ITS INTENTION TO CONSIDER ALTEXNATE IMP3KlVEPENTS IN A SPECIAL ASSESSMENT DISTRICT. Council Member Pettine stated his "no" vote was due to the inclusion of Alternative B. He has no objection to Alternative A (the cul-de-sac). City Manager page 7) (62) . 9. AB #sa87 - REQUEST TO SUPJ?Om SB 136 and SB 139. Mayor Casler stated this request was from the City of Vista and Council should decide whether or not to support these items. Council Member Chick stated he could not support this with the present wordinu. Council Member Pettine felt the Council should not be involved and added he had problems with the wordinq of both measures. Council Member Lewis suggested the Council wait until the bills are in final form to consider taking action. Mayor Casler said this item could be tabled until the amendments are presented so the Council could study the bills in their final form, or the Council could indicate it would not support the bills at this time. Council decided to take no action at this time on the request to support SB 136 and SB 139. Research/Analysis (99) 10. AB #8088 - ESTABLISHMENT OF A PUBLIC RevIEW PERIOD FOR THE SHIS PROPERTY LCP SEGMENT. Tom Hageman, I?esearch/Analysis, gave the staff report on this item as contained in the Agenda Bill, using a transparency to show the Coastal Zone boundary. Mr. Hageman referred to Attachment B, which was attached to the Agenda Rill, and used another transparency to show the property in detail. 46 -r - \v 5 COUNCIL % % MEMBERS % 9 Cas ler Lewis Pettine Chick X Cas ler Lewis Chick Pettine X ~ - -e a 0 MINUTES March 12, 1985 Page 6 Mr. John Briffgs, representing Sannnis Properties, 2650 Camino Del Rio, San Diego, urged the Council to adopt this resolution and allow this property to ame under the LCP. Council opened a six-week public review period for the draft Local Coastal Program covering the Smis property. Engineering (44) 11. AB #8089 - CONSULTANT AGFG3EMENT FOR ASSES- ( 45 ) ENGINEERIMG SEWICES. Ron Beckman, City Engineer, gave the staff report on this item as contained in the Agenda Bill. He called attention to the Agenda Bill where it stated Neste was working on the James Drive assessment and stated that should be Berryman & Stephenson, Inc. Council adopted the following Resolution: RESOLUTION NO. 7929, FSPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE FIRM OF NESTE, BRUDIN & STONE, INC., FOR CK)NSULTING ASSESSPENT ENGINEERX SERVICES. OFF-AGENDA ITElpll : (92) merqency Repairs at Encina Sewer Plant Mayor Casler requested an off-agenda item on appropriating funds for Emergency repairs at Encina Sewer Plant, and Council concurred. Mayor Casler explained the funds were needed as Carlsbad‘s share of repairs to the Encina Ocean Outfall. She explained how the sewage pipe extends out into the Ocean and the procedure for finding and repairing the existing leak in the pipe. Council adopted the following Resolution: RESOLUTION ra0. 7930, APPROPRIATING FUNDS FOR THE REPAIR OF THE ENCINA OCFPN CU”FAL,L LINE. COUMCIL REPORTS: Parks and Recreation Commission Council Member Pettine reported on the February 25, 1985, meeting, stating the Comission voted unanimously not to develop Larwin field as a Special Use Area. He added the Housing and Redevelopment Comittee meeting was at the same time, and he could not attend that meeting. Mobilehome Park Landscaping Council Member Chick stated he muld like to discuss the lack of landscaping around the mbilehome parks on El Camino Real. He felt requirements should be tightened to require landscaping outside of the boundary walls of the mbilehome parks. vi ” \p 5 COUNCIL % % MEMBERS (% f Casler Lewis Chick Pettine X Casler Lewis Chick Pettine X Casler Lewis X Chick Pettine Casler Lewis X Chick Pettine - .c .* e 0 MINUTES March 12, 1985 Page 7 JAC Mayor Casler reported further on Encina Plant matters. SWAG - Mayor Casler reported on the Joint Power Agency formed to try to get preference in the request for per. It was learned last week this Agency formation would not help in San Dieqo County. Therefore, it has been recommended to join with S13G&E in the request for pawer . NCTD Mayor Casler reported on NCTD action on seeking additional funding. Committee mintment Mayor Casler announced the North Shoreline Erosion Committee and the Transportation and Financing Committee will have Council Member Xulchin as the Council Representative. CLOSED SESSION: The City Attorney asked for a Closed Session pursuant to Article 54956.9(a) of the Government Code to discuss litigation, Title of litigation matters to be discussed : Cruz vs City of Carlsbad; Rodriguez vs the City of Carlsbad; and Garcia vs the City of Carlsbad. Council adjourned to a Closed Session at 8:28 p.m., and re-convened at 8:56 p.m., with no action taken. OFF-AGENDA. ITEM : (68) Council agreed unanimously to discuss an off-agenda item as follows: Travel Approval Council approved sending Council Member Chick to the National League of Cities Legislative Conference, March 22 to 28, 1985, Washington, DOC. AasouRNMEwT: By proper mtion, the meeting of March 12, 1985, was adjourned at 9:00 p.m. Respectfully Submitted, %TZT1 'Deputy City Clerk Harriett Babbitt Minutes Clerk * Mayor Casler requested the mtion on Item #5, page 5, be amended to include Alternative A. 4L4 I \p 5 COUNCIL 3 %' MEMBERS % q Casler Pettine Chick Lewis X