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HomeMy WebLinkAbout1985-09-17; City Council; Minutes- - 0 MINUTES 0 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: September 17, 1985 \p 5 Time of Meeting: 6:OO p.m. COUNCIL ?$ %' Place of Meeting: City Council Chambers MEMBERS % $ CALL 'Io ORDER: 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, Kulchin, Chick and Pettine. Absent: None. INVOCATION was given by Reverend D. E. Webber of the GoGd Shepherd Assembly of God Church. PLEDGE OF ALLEGIANCE was led by Council Member Chick. PRESENTATION: Council Member Lewis presented Mayor Casler with a corsage in recognition for her being chosen as the Outstanding Woman in Politics by the California Women in Govenment in their 1985 Tribute to Women. AppRovAL OF MINUTES: (one mtion) Minutes of the Regular Meeting held August 27, 1985, were approved as presented. Casler Pettine were approved as presented. Chick Minutes of the Regular Meeting held September 3, 1985, Lewis Kulchin X Mayor Casler announced a 30-day continuance had been requested for Item 14. City Attorney Vincent Biondo stated that since it was necessary to submit environmental information to the State Clearing House and Coastal Comnission, that 30 days might not be sufficient time. Mark Nordquist, representing the applicant, stated they would prefer a 30-day continuance. Council continued the public hearing for CT 85-18 -88 Casler to the meeting of October 22, 1985. Lewis X Kulchin Chick Pettine CONSENT CALENDAR: Council Member Pettine requested Item #10 be withdrawn from the Consent Calendar. Council confirmed the action of the Consent Calendar, Casler with the exception of Item #lo, as follows: Lewis WAIVER OF ORDINANCE "I' READING: Chick X Council waived the reading of the text of all ordinances and resolutions at this meeting. Kulchin Pettine 303 - -c 0 0 MINUTES September 17, 1985 Page 2 CONSENT CALENDAR: (continued) (50) 1 . AB #832 5 - RATIFICATION OF DEWANDS. Council ratified the payment of demands against the City in the amount of $738,2 18.09, for the period August 2 9 to September 12 , 1985; Payroll demands in the amount of $373,676.15 , for the period August 2 6 to September 8, 1985; and Housin9 demands in the amunt of $73,939.00, for the period August 2 9 to September 12 , 1985. (99) 2 . AB #7793 - Supplement #? - ACCEJTANCE OF PUBLIC 1"ENTs - CT 83-8. Council accepted the improvements of Tamarack Seven, CT 83-8, andl authorized the City Clerk to record the Notice of Completion and release appropriate bonds, ad directed the Utilities and Maintenance Departments to cormnence mintaining the public streets associated with this subdivision. (107) 3. AB #8326 - WXATION OF A PORTION OF FOREST AVENUE. Council adopted RESOLUTION No. 8180, surranarily vacating an easement over a portion of Forest Avenue and Highland Drive. (99) 4. AB #7700 - Supplement #2 - FINAL MAP FOR CARLSBAD TRACT 83-2 9. ~. Council approved the final map of Carlsbad Tract 83- 2 9, Harbor Point , Unit No. 2 . (99) 5. AB #HR035 - Supplement #1 - FINAL MAP FOR CARLSW TRACT 84-2 1. Council approved the final map of Carlsbad Tract 84- 21, Tamarack Beach Resort. (99) 6. AB #7434 - Supplement #2 - FINAL MAP FOR Cww*m TRACT 82-24. Council approved the final map of Carlsbad Tract 82- 24, Seagate Village. (99) 7. AB #7817 - Supplement #1 - FINAL, MAP FOR cARLBAD TRACT 82-4. Council approved the final IMP of Carlsbad Tract 82- 4, Palomar Oaks 11. (107) 8. AB #8327 - VACATION OF A PORTION OF OAK AVENUE. Council adopted RESOLUTION NO. 8181, smrily vacating an easement over a portion of Oak Avenue. (40) 9. AB #7727 - Supplement #3 - HEATING/AIR CONDITIONING (45) SYSTEN FOR CITY HAU COMPLEX - CONTRACT NO. 002-84. Council accepted the work associated with the heating/air conditioning contract as complete, and directed the City Clerk to record the notice of Conpletion and release the bonds in accordance with City requirements. 30 2J c \v 5 COUNCIL 3 9C MEMBERS % f e MINUTES 0 F September 17, 1985 Page 3 CONSENT CALENDAR: (continued) (40) 10. AB #8328 - WlUOR DESIGN SERVICES FOR COUNCIL CHAMEERS. This item was withdrawn from the Consent Calendar. (96) 11. AB #7867 - Supplement #2 - AMENDMEfaT TO TRAFFIC (45) SIGNAL MAINTEMANCE CoNTRA@r. Council adopted RESOLUTION NO, 8182, approving an amendment to the agreement between the City of Carlsbad and Southwest Signal Service for an annual rate adjustment. Irn WITHDRA. FROM T!3E msm (2VJENDm: I 10. AB #8328 - INTERIOR DESIGN SERVICES FQR COUNCIL (40) CHAMBERS. Council Member Pettine stated he had requested this ite be removed from the Consent Calendar because he felt th $4,121.00 for a mnsultant was an expense for something that should be done in-house. 1 Lynn Chase, Superintendent of Building Maintenance, stated that deficiencies in the Council Chambers were numerous and extensive and staff felt experts in interior design were needed to correct the problems. She added a mmplete design would be brought forward, and the funds were carried forward from last year's budget for this remodeling. Council directed the staff to proceed with the study to redesign the interior of the City Council Chambers. 12. Nwr not Used. ORDINANCE FOR ACOPTION: (84) 13. AB #6955 - Supplement 81 - ADDITION TO PURCHASING SECTIONS OF THE MUNICIPAL CODE. Council adopted the following Ordinance: ORDINANCE NO. 1283, ANENDING TITLE 3, CHAPTER 3.28 OF THE CAFUSBAD MUNICIPAL CODE BY AMENDMENT OF SECTION 3.28.130 TO AUTHORIZE T!3E CITY COUNCIL ?o DESIGNATE BY RESOLUTION SEFUICES AND SUPPLIES 03STING MORE TEJAN $10,000.00 BY USE OF OPEN EARKET PROCEDU.RES. PUBLIC HEARnGs: (99) 14. AB #8329 - TENTATIVE MAP AND PLANNED UNIT DEVELQET@NT - CT 85-18/Pw88 - PANWNIA. r This item was continued to the meeting of October 22, 1985, (99) 15. AB #8330 - TENTATIVE MAP AND PLANNED UNIT DEV!3LQPMENT - @r 84-33/PUD-74 - VISTA DE LA VALLE. 3 Mike Holzmiller, Land Use Planning Manager, gave the staff report, usinq a transparency to shaw the site, wall charts showing the design and an elevation &art to show the varying rooflines of the hildings. L ?O/ I \p 5 COUNCIL 3 3 MEMBERS % f Casler Lewis Kulchin Chick X Pettine Casler Lewis Kulchin Chick X Pettine - I 0 0 MINUTES Septeer 17, 1985 Page 4 Mr. Holzmiller stated there was concern about the traffic *act and sight visibility at Forest and Hosp Way. The Traffic Engineer has studied this, and with this and future developments, Hosp Way will be designed to handle traffic. As to the sight visibility, there is a condition on the project that the applicant bond for a traffic signal. If there is a problem with traffic conflicts, the developer muld be required to install a traffic signal. There was discussion about the name of Forest Street, and staff will check whether or not this is a duplication of another street in the City. In response to query regarding a park in that quadrant, Dave Bradstreet stated the City had accepted the apen space area along Marron Road and Hosp Grove as a preserve. Mayor Casler opened the public hearing at 6:34 p.m., and issued the invitation to speak. Bob Ladwig, Rick EngineeriRg, representing the applicant, said the staff presentation was very complete. He did state there muld be four recreation areas within the project, and the project is within walking distance of the City swim conplex, the high school and tennis courts. Mr. Ladwig stated this was a good transition between higher density to the north and east and lower density to the south. He added the distance between buildings is 105 to 110 feet. Mr. Ladwig mntioned the mntour grading to provide a pleasant front to the property, with visual and traffic impacts mitigated. He felt this project should pay its fair share of the siqnal, but that the cost should be shared with future developments in the area. Since TX) one else wished to speak on this item, the public hearing was closed at 6:41 p.m. In response to query about the traffic inpact fee of $250.00, staff said the study was only in La Costa, and when that is complete, staff will do the same study for other areas of the City. Mayor Casler agreed this developer should pay their fair share of the traffic signal, since other developments will be forthcoming in the area. Council determined a condition be added to this project stating that this developer should be responsible for his fair share of the traffic siqnal, with other future developments to pay fair shares. However, if no other developments mme in, this developer is responsible for the entire cost. Council Member Pettine stated his concern about the lack of a park area and did not feel the timing was right. He stated he wanted all public facilities in this quadrant and the City up to par. Council directed the City Attorney to prepare documents approving CT 84-33/PUD-74. 300 \p 5 COUNCIL ?b 9A' MEMBERS % 4 Casler Lewis x Kulchin Chick Pettine Casler Kulchin Lewis E: Chick Pettine - 0 e MINUTES September 17, 1985 Page 5 I (113) 16. AB #8331 - ZONE CHANGE - ZC-327 - CARLSBAD INN BEACH CLUB. Mike Holzmiller, Land Use Planning Manager, gave the staff report as mntained in the Agenda Bill, using a transparency to show the site. Mayor Casler stated she had given Council Members copiez of a letter received €rom the neighbors on Ocean Street stating they did not appose this proposed project. Mayor Casler qened the public hearing at 6:58 p.m., and issued the invitation to speak. Robert Phipps, 3015 Ocean Street, stated he lives approximately 50 feet away from this strip of land and takes a dim view of having any mre pple there. He stated he objected to €ood and beverages being served in that area, but would not object otherwise as long as they are not there late at night. Mrs. Judy Carroll, representing Carlsbad Inn Beach Club, stated this will be dedicated for public use. The hours will be 1O:OO a.m. to sunset, attended at all times plus surveillance cameras. She stated there would 'be I#) food or beverages served there, and there would be storage lockers that would be locked. Since no one else wished. to speak on this item, the public hearing was closed at 7:04 p.m. Council introduced the following Ordinance: ORDINANACE NO. 9773, AMENDING TITLE 2 1 OF "HE CARLSBAD MUNICIPAL CDDE BY AMENDING THE ZONING MAP FROM mTIPLE FAMILY RESIDENTIAL ?o OPEN SPACE ON APPROXIMATELY 2,244 SQUM FEET OF PFiOPER'I'Y GENERALLY LOCATED CN ZHE PEST SIDE OF OCEAN STREZET APPROXIMATELY 200 FEET SOUTH OF THE ELM AVENUE/OCEAN SlTEEC INTERSECTION. HOUSING AND REDEWEIQPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:08 p.m. and re-convened at 7:13 p.m., with all Council Members present. DEPARTPENT& AND CITY MANAGER REPOR!E: (79) 17. AB #7099 - Supplement #3 - PUBLIC FACILITIES MANAGEMENT SYSTEM MONITORING REPORT - JUNE, 1985. Jim Hagaman, Research/Analysis Manager, gave the staff report as contained in the Agenda Bill, using transparencies showing all the graphs contained in the packet, and an explanation of each graph. He referred to a wall chart shaving the traffic volm on City streets that are at 70 percent and 90 percent of capacity. In answer to query as to why the City was so far behind on public facilities, Mr. Hagaman said the City was not necessarily behind. On my of the items, the City must be either behind or ahead, as there is no way that certain facilities can be built piecemeal. 8e enphasized there is a planning process involved. 29? - ; \p 5 COUNCIL % 3 MEMBERS % $ Casler Lewis Kulchin Chick X Pettine - I e 0 MINUTES September 17, 1985 Page 6 MEMBERS COUNCIL B % % 9t c 1- \ Council accepted the Public Facilities Management System Monitoring Report as presented. RECESS : I Mayor Casler declared a recess at 7:38 p.m., and Council re-convened at 7:51 p.m., with all Members present. (29) 18, AB #8332 - 1985-96 CAPITAL I”ENT PROSRAM* Jim Elliott, Finance Director, gave the staff report as contained in the Agenda Bill, using slides to indicate what Council was being asked to approve. Assistant City Manager Frank Mannen stated Council would appropriate the funds for the projects and the City Engineer muld come back to Council with recommendations to engage design consultants and get all projects under design and construction. Each project will be presented individually at a later time. Hiram Hoskin, 7307 San Luis, Lakeshore Gardens, asked Council to expedite the fire station at 1-5 and Poinsettia. Bob Ladwig, 3285 Donna Drive, Chairman of Chamber of Commerce Grcwth Management Committee, stated that as part of the La Costa and Palomar Airport Road improvements, the bridges over 1-5 will need to be widened; also there is a need for signals at the La Costa offraq from 1-5. He suggested a study be made of the feasibility of the Leucadia connection and the problems involved. Mayor Casler stated the Palomr Airport Road assessment district to improve the road from El Camino did include the bridge, John McCoy, 390 Oak, spoke regarding the Calavera treatment plant and asked the source of the funds. It was stated that the cost is paid by each house that connects to the sewer by the $1,000.00 fee for connection. Mr. McCoy stated he muld like a progress reprt on the engineering on Tamarack from Jefferson to Carlsbad Boulevard. Council adopted the following Resolution: I RESOLUTION NO. 8183, ADOPTING THE 1985-86 CAPITAL IMPROVEMENT PrnRAM. (57) 19. AB #8084 - Supplement #5 - AMENDMENT TO AGUA HEDIONDA LAND USE PLAN - SNUG HARBOR (AH/LT.JP 85-1)/ .r a, Mike Holzmiller, Land Use Planning Manager, gave the staff reprt as contained in the Agenda Bill, using a transparency to show the site. 2.98 Casler Lewis Kulchin Chick Pettine Casler Lewis Kulchin Chick Pettine X E: I ~ 1 - - 0 0 MINUTES September 17, 1985 Page 7 Nick Banche, 810 Mission Avenue, addressed Council, stating the Coastal Comission had designated this area as RC, visitor mmrcial and he stated the City should not develop single family homes next to intense comrcial use: that single family hones could not CD- exist with the launching facility. Bill DOminguez, 4378 Adam, spoke in favor of the resolution, stating the concerns of the residents in the area had been met, and if the southern end of the lagoon is developed, the launching area could revert to residential. Council Member Chick stated a conditional use permit for a non-conforming use would be the preferable way to handle this misuse of land use policies. Council adopted the following Resolution: RESOLUTION NO., 8184, AMENDING CITY COUNCIL RESOLUTION NO. 8097 TJHICH PFUWIOUSLY AMENDED CITY COUNCIL REDLUTION No. 6877 P4AXING CHANGES 'ID TEE AGUA EEDIONDA LAND USE PLAN. (57) 20. AB #8257 - Supplement #2 - m OF GRANDFATHER f?RovISION OF BEACH AREA 0VERT;AY ZONE. City Attorney Vincent Biondo gave the report as contained in the Agenda Bill. Council Member Kulchin stated she withdrew her support of the ordinance. Council Member Lewis said he felt all these projects should be reviewed @ Council, but inasmuch as dl1 except three small projects could obtain building permits before the ordinance became effective, he withdrew his support for the ordinance. City Attorney Vincent Biondo stated that since the majority of Council did not support the ordinance, the matter should be filed and the existing grandfather clause would be in effect, Staff muld also cancel the hearings scheduled before the Planning Comission. Barbara Jones, 3421 Summerset Way, Oceanside, has a project at 340 Walnut, and stated there had been a delay in the project and the obtaining of the building permit. She requested her project be exempted from the ordinance. Council Member Pettine stated this ordinance was to allow Council to review these projects to see if a problem had been created. This would be the last opportunity to review these projects, and he supported Council's position of last week. Council voted to file this Agenda Bill, 2-77 - - \y 5 COUNCIL ?$ 3/- MEMBERS % f Casler Lewis Kulchin Chick X Pettine Casler Lewis X Kulchin Chick Pettine - - e 8 MINUTES September 17, 1985 Page 8 (CT 74-4) I (99) 21. l?EMOVAL OF WAW; - ELM AVENUE AND CONCO€?D STREET. I City Engineer Gene Donovan gave the staff report as contained in the Agenda Bill, using a transparency to show the site, He stated that this afternoon Bob Allen had proposed to construct a traffic signal at Elm and Concord at Standard Pacific's expense, and, in addition, Standard Pacific would provide $15,000.00 for the City's mintenance of this signal for the next five years. He added the land under the wall would revert to the residents and they would am the land they thought they awned originally. Bob Allen, representing Standard Pacific, 7290 Clairemnt Mesa Boulevard, addressed Council, stating this agreement would enable the residents to retain the wall. This would be of benefit to the residents and to the City. He reiterated Standard Pacific's willingness to install the signal and provide maintenance for five years in the amount of $15,000.00. Charles Macklin, representing the neighbrs, indicated they concurred with the proposed solution, Edwin Perea, 2701 Olympia, expressed his concern with traffic problems on Olympia, stating they were as great as those on Concord, and suggested a two-way signal at Elm and Concord, to include Olympia. He added that the children are picked up by the school bus on Olympia, and there should be school crosswalks. Council directed the City Attorney to draw up documents approving the settlement as proposed by Mr. Allen and enter into an agreement with Standard Pacific. The City would stay enforcement action until bonds and the agreement are made for the installation of the traffic signal . (41) 22. CLOSED SESSION REGARDING PENDING LITIGATION. Council authorized a closed session to discuss Bolt v. Castaneda et a1 pursuant to Government Code Section 54956.9(a). Council adjourned to a closed sesseion at 9:12 p.m., and re-convened at 9:25 p.m., with no action taken. Council Member Chick left at 9:15 p.m., due to illness. momm: By proper mtion, the meeting of September 17, 1985, was adjourned at 9:26 p.m. Respectfully submitted, I FcY* deputy City Clerk Harriett Babbitt Minutes Clerk 2% I \v 5 COUNCIL % % MEMBERS ?b f Casler Lewis Kulchin Chick Pettine X Casler Kulchin Lewis X Chick Pettine