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HomeMy WebLinkAbout1985-08-27; City Council; Minutes- T ,' (46) (45) (101 1 (51 1 (45 1 (28) (97) (45) 0 0 MINUTES Meeting of: CITY (rwNCIL (Regular Meeting) Date of Meeting: August 27, 1985 Tim of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers 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 cxLEmAR: I Council confirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE "I' READING: I Council waived the reading of the text of all ordinances and resolutions at this meeting. 1. AB #7299 - Supplement #2 - SCHOOL CROSSING Gum SEWCE . Council adopted RESOLUTION NO. 8153, amending the agreement with Western Temporary Services for school crossing guard services, 2. AB #8305 - EMBASSY INTERNATIONAL LIMOUSINE APPLICATION. Council adopted RESOLUTION NO. 8154, determining that the public interest, convenience, and necessity require the issuance of a certificate to Embassy International Lkusine to operate one limousine in the City of Carlsbad and ordering the City Clerk to issue said certificate subject to certain conditions. 3- AB 83426 - Supphment #2 - MUTUAL FIRE PRO'I'ECTION AID AGREEMENT, Council adopted RESOLUTION NO. 8155, approving an agreement between the City of Carlsbad and the State of California, Department of Conservation, Division of Forestry for mutual fire protection aid, and authorizing the Mayor to execute said agreement. 4. AB #8306 - TRAVEL FEQUEET. Council authorized Housing & Redevelopment Advisory Cmittee Member Thelma Hayes to attend a twoday pedestrian conference. 5. AB #7897 - Supplement #2 - (XlUSE3AD BOULEVARD BRIDGE INSPECTION AGREE" - CONTRACT NO. 3098, Council adopted RESOLUTION NO. 8156, approving an agreement between the City of Carlsbad and CalTrans for inspection services of the Carlsbad Boulevard bridge - contract no. 3098. a19 I COUNCIL \p 5 3 %' MEMBERS % 4 Casler Lewis Kulchin Chick Pettine X - I' 0 0 MINUTES - August 27, 1985 Page 2 CONSENT CALENDAR: (continued) (73) 6. AB #8307 - ABOVE-GFOUND ENCROACH" PERMIT. Council approved an above-ground encroachment permit for a retaining wall within city right-of- way at 3460 Highland Drive. (8'1 1 7. AB #8308 - GRAJN'ING ACCESS RIGHTS. Council adopted RGSOLUTION NO. 8157, granting access rights for lot 473 of tract 72-20, unit 3 tc Venado Street and denying access to Cadencia Street . DEPARTMENTAL AND CITY MANAGER F!E~~: c 1 8. AB #7437 - Supplement #2 - GENERAL PLAN AMENIXIIENT, (57) ZONE CHANGE AND SITE DEVELopmENT PLAN - GPA-69(B)/ZC- (" 3, 277/SDP 83-5 - ZI"ER4AN/CHANDLEX. Mike Holzmiller, Land Use Planning Manager, gave the staff report on this item as contained in the Agenda Bill, asking that a &anqe be made in paragraph three, the second line, correcting the date to read: November 13, 1984. In the fourth line, Policy 7872 was referred to, but this policy was not in effect at the time this application was submitted. The application was submitted prior to the time that policy went into effect. Council Members Kulchin, Lewis and Pettine expressed concern abut the high density and reduced demd for apartments. Mayor Cassler stated the project was appropriate and fit into the area while helping the City fulfill its low and merate income housing requirements . Council denied GPA-69(B)/ZC-277/SDP 83-5 - Zimnerman- Chandler . (99 1 9. AB #8285 - FINAL MAP FOR CAEUSBAD TRACT 84-18 - THE SHOFES . Gene Donovan, City Engineer, gave the staff reprt as contained in the Agenda Bill. Gil Saenz, 323 West Court Street, San Bernardino, representing The Shores as Project Manager, stated he was here to answer questions. He made one axrection in the Agenda Bill with regard to the density, stating the net density is 22.8 rather than 23. Ken Steelman, Irvine, Gemini Development, stated he was present to answer questions. 292 \v 5 COUNCIL % ?L MEMBERS % <c Casler Lewis Kulchin E: Chick Pettine e. $3 0 e MINUTES August 27, 1985 Page 3 Marjorie Monroy, 3610 Carlsbad Boulevard, spoke on behalf of Ann Mauch, stating the residents of the beach area understood that this project muld not be stopped, but because of Council's recent action with regard to that area, the residents feel confident projects such as this will not tx allowed in the future. Council Member Pettine referred to a Irrtmorandwr! from the Land Use Planninq Manager listing the 15 projects being grandfathered in the Beach Area Overlay zone, and mved that Council change their previous action which exempted those projects from the Beach Area Overlay zone requirements. The motion died for lack of a second. Council approved the final mp for Carlsbad Tract 84- I 18. Council Member Pettine mde a mtion that the grandfather clause be amended to exclude all projects that have not pulled building permits. Council Member Lewis seconded the mtion. Mayor Casler spoke in opposition to the mtion, stating that the building permits are pulled after the final map is approved and the financing is set. She felt mre information was needed before any action was taken. Council Members Kulchin and Chick mncurred, stating that it should be on the agenda with backup information. Council Member Lewis agreed mre information was needed. Motion to and the grandfather clause, as stated above, failed due to the lack of a majority. Staff indicated the matter wuld be on the September 10, 1985, Agenda for discussion. ( 70) 10. AB #8303 - STANDARDS FOR DEDICATION OF LAND FOR PARK AEJD RECREATIOn FACILITIES. Dave Bradstreet, Parks & Recreation Director, gave the staff report as contained in the Agenda Bill. One change was made in the Agenda Bill, line 16 1/2, which should read : 1980 census. Council introduced the following Ordinance: ORDINANCE NO. 9770, AMENDING TITLE 20, CEAPTER 20.44 OF THE CARLSBAD MUNICIPAL OODE BY THE AMENDMENT OF SECTION 20.44.040 TO INCREASE THE STANDmS EQR THE DEDICATIcR7 OF ];AND FOR PARK AND RECREATIONAL FACILITIES. (74) 11. AB #8259 - Supplement #1 - EMPIOYEE BENEFITS INSURANCE. Assistant City Manager Ray Patchett gave the rewrt as contained in the Agenda Bill, using a transparency to shuw the estimated effect of PPO membership upon the rates. 293 I \p 5 COUNCIL % 'PA MEMBERS % 9 Casler Lewis Kulchin Chick Pettine X Pettine X Casl.er Lewis Kulchin Chick Pettine X Casler Lewis Kulchin Chick X Pettine I. - -e *' 0 MINUTES 0 August 27, 1985 Page 4 Mike Raker, representing Wyatt Company, used a transparency to show the benefit plan services and the services available from their company. Council Member Chick suggested that other insurance people take the bid package and, at no cost to the City, bid the package. City Manager Frank Aleshire clarified, stating the City had decided to go with a consultant, or a broker who would work on the basis of fees paid for service rather than comission. Council Member Pettine expressed the opinion that the consultant should be selected before the insurance package is sent out for proposals. He stated this could be acmmplished by using a short bidding process for the consul tanthroker agreement. Council Member Chick stated that since the City is paying for the bid package, it should be available to anyone who can take it out for bid. Council reaffirmed and mdified its July 23, 1985 action, and directed the City's present consultant to prepare the necessary documents to solicit competitive bids for the City's employee benefits insurance program ani! approved the consultant's proposal. Following the award of the insurance program contract, Council directed staff to prepare requests for proposals for employee benefits consultant services. Council Member Chick moved that the bid package be made available to anyone wanting to submit a bid on the City's employee benefits insurance program. Council Member Pettine seconded the motion. Staff indicated they would need help to analyze any bids received from bidders. Also, only one bid could be given by each insurance mnpany, and that bid would be given to the first broker/consultant who contacted that conpany. I I Motion to make the bid package available to anyone wanting to submit a bid on the City's employee benefits insurance program failed due to the lack of a majority. (97 ) 1 2. AB #8301 - HIGHWAY 78 WIDENING. I Mayor Casler stated this item was a discussion item, and she would like to know the Council's feeling before she mets with Congressman Packard. Discussion determined the Council Members felt the Mayor should attend this meting and pursue this, with more information needed by Council before any formal action. n? f \p 5 COUNCIL 3 % MEMBERS % <c Casler Kulchin Lewis X Chick Pettine Chick X Casler Lewis Kulchin Chick Pettine X *, - z ,. 0 0 MINUTES August 27, 1985 Page 5 Girard Anear, 1728 Calavo Court, spoke in opposition to Carlsbad paying for any of the cost of this widening, stating the costs of the overpasses could be tremndous. He added that no part of Highway 78 is in Carlsbad and he felt no funds should be spent by the City on that project, particularly when the City streets are in need of improvement. 13, AI3 #8302 - SCENIC QUALITIES OF HIGHWAY 78. Council authorized Mayor Casler to contact the North County City Mayors to get their approval and have this placed on the SANDAG agenda. ReCESS : Mayor Casler declared a recess at 8:09 p.m., and Council re-convened at 8:20 p.m., with all Members present. (68) 14. AI3 #7376 - Supplement #4 - ApPOmnmm To BOARD OF DIRECTORS - FOUNDATION OF CARLSBAD C0"UNITY CABLE TELeVISION. Council continued this item for one week. (28) 15. AB #8304 - HOUSING AND REDEvELxlpMENT ADVISORY COMMITTEE APEOIXMWIS. Council adopted the following Resolutions: RESOLUTION NO. 81 50, APPOINTING IiQBEIiT NIELSEN !l?3 THE CARI;SE3AD fKKJSING AND EDEVELOPMEN" ADVISORY COMMITTEE. RESOLUTION NO. 8151, REAPPOINTING CLAUDE HELTOPJ TO 'IHE cARI;sRAD HWSING AND REDEVEIQPMENT ADVISORY COMMI'ITEE. RESOLUTION NO. 8152, REAPPOINTING JOHN MCCOY 'Io THE CARLSBAD HOUSING AND REDEVELOPEIENT ADVISORY CWIMMI?TEE. (68) 16. AT3 #8309 - VCrrING DELM;ATE AT ANNUAL LEAGUE CONFERENCE. Council named Mayor Casler as voting representative at the Annual League Conference. (28) 17. AI3 #8235 - Supplement #1 - SENIOR CITIZEN COMMISSION APFJolmTmmTs. The following nominations were made: Council Member Pettine - Norris Cochran; Council Member Chick - Hiram Hoskin; Council Member Hulchin - Marion Gast; Council Member Lewis - Doris Ritchie; and Mayor Casler - Dr. John Mitchell, Ll9q I \p 5 COUNCIL 3 3 MEMBERS % 4 Casler Lewis Kulchin X Chick Pettine Casler Kulchin Lewis X Chick Pettine Casler Kulchin Lewis X Chick Pettine Casler X Lewis Kulchin Chick Pettine Casler Kulchin Lewis X Chick Pettine .. - z I. 0 MINUTES 8 August 27, 1985 Page 6 Council adopted the following Resolution: RESOLUTION NO. 8158, APFOINTIJ% NORRIS COCHRAN, HIRAM HOSKIN, MARION GAST, DORIS RITCHIE AND DR. JOHN I MITCHELL TO THE SENIOR CITIZEN CTXIIMISSION. I Council Member Pettine made a mtion to direct staff to investigate alternative sites for a permanent senior citizen facility and report back to Council in 90 days. Council Member Lewis seconded the mtion. The mtion was subsequently withdrawn, as an off-agenda item had not been approved by Council, Council Member Pettine mved to consider an off-agenda item regarding a permanent site for a senior citizen facility. Council Member Lewis seconded, Motion failed due to the lack of a unanimous vote Council Member Kulchin stated that should not be an off- agenda item, but should be placed on the regular agenda with the new Senior Citizen Comnission present, and any other interested seniors, (28) 18, AB #8310 - BEACH EROSION C0"ImE. I Council nominated the followinq nmbers: Council Member Chick - Bob Johnson; Council Member Kulchin - Mario Monroy; Council Member Lewis - John Gray; Mayor Casler - Jack Gulshen; and Council Member Pettine - Sally Vigil, and appointed those five mnkrs to the Beach Erosion Codttee. Council named Stephen Jensen and Edward Martinet to the Beach Erosion Committee, and directed that all seven names be inserted in RESOLUTION NO. 81 59 , (70) 19. AB #8311 - STAGECOACH CoMMUNITY PARK GRADING. Dave Bradstreet, Parks & Recreation Director, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 8160, AJ?PEOVING PLANS AND SPECIFICATIONS: AUTHORIZING THE CITY CLERK TO INVITE BIDS EOR GRADING OF STAGECOACH coME4uNITY PARK - CONTRACT NO. PR003. (93) 20. AB #8119 - Supplement #13 - Cm BUSMESS STORM (45) DRAIN - PROJECT NO. 3085. City Ebgineer Gene Donovan gave the staff report as contained in the Aqenda Bill, adding the storm drain is now 90 percent complete. Clarence Magnusen gave a slide presentation showing the difficulties encountered in installing the storm drain. In answer to query regarding the contractor signing the change order, Mr. Donovan stated he felt certain the contractor would sign the change order. JW I COUNCIL IF % % MEMBERS % 8 Casler X Lewis Kulchin Chick Pettine Casler Lewis Kulchin Chick Pettine X Casler Kulchin Lewis X Chick Pettine Casler Kulchin Lewis X Chick Pettine Casler Lewis Kulchin Chick X Pettine ~ 1. e a MINUTES - I August 27, 1985 Page 7 Council adopted the following Resolution, subject to the antractor's signature: RESOLUTION NO. 8161, AMENDING CONTRACT NO. 3085, CENTRAL BUSINESS S" DRAIN,BY Al?PRCMNG CHANGE ORDER No. 2, APPlXlVING SUPPLEbEN" NO. 2 'IO THE AGREEMENT WITH FRASER & ASSOCIATES AND APPROPRIATING ADDITIONAL, ETJJYDS. CIDSED SESSION: 21 . CLQSED SESSION ReGARDING PENDING LITIGATION: Council by motion authorized a closed session regarding pending litigation as follows: Rodriguez v. City of Carlsbad, Elsner, et al. v. City of Carlsbad, Drake v. City of Carlsbad, Monahan v. City of Carlsbad, City of Carlsbad v. =&E, RogerDashby v. Standard Pacific, et al, Snyder v. City of Carlsbad, Cannon v. City of Carlsbad, City of Carlsbad v. Chappee, Maria Garcia v. City of Carlsbad, Garcia v. City of Carlsbad, Cruz v. City of Carlsbad, Codv v. Hargas, Ohlig v. Simcon, Leidecker v. City of Carlsbad, Morales v. City of Carlsbad and Thrasherfiunk v. City of Carlsbad pursuant to Government Code Section 54956,9(a) and to discuss a settlement offer made in the mtter of James Zema, pursuant to Section 54956,9(b)(2). Council adjourned to a Closed Session at 9:35 p.m., and re-convened at 10:40 p.m., with no action taken, ADJomuwEwr: By proper mtion, the meeting of August 27, 1985, was adjourned at 10:41 p.m. Respectfully submitted, $, .-?.*. & /&lerk L. m-z Harriett Babbitt Minutes Clerk v \v 5 COUNCIL % % MEMBERS % c Casler Kulchin Lewis x: Chick Pettine Casler Kulchin Lewis x Chick Pettine