HomeMy WebLinkAbout1986-01-28; City Council; Minutes- -
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Meeting of: CITY CDUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m.
Date of Meeting: January 28, 1986 \y 5
Place of Meeting: City Council Charbers COUNCIL % %
MEMBERS % a
CALJL TO ORDER:
Mayor Casler called the Meeting to order at 6:02 p.m.
ROLL CALI; was taken by the City Clerk, as follows:
Present - Council M&rs Casler, Lewis, Kulchin
and Chick. Council Nen&er Pettine
arrived at 6:lO p.m.
Absent - None.
Mayor Casler requested observance of a minute of
silence in -~EJTD~~ of the astronauts.
WPROVAL OF PSLNUES:
Minutes of the Regular Meeting held January 7, 1986, Casler were approved as presented. Lewis
Kul&in
chick
X
CONS€DT GJ3NDA.R:
Mayor Casler stated there was a request to withdraw
Item No. 1 from the Consent Calendar.
Council affirrned the action of the Consent Calendar, with the exception of Item No. 1, as follows: Casler
-is
Kulchin
Chick x:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
(70) 1. AB #8501 - FUNDING FOR SENIOR CITIZEN clENTER.
This Item was withdrawn from the Consent
Calendar.
(62) 2. AB #a90 - FREEMAY CALL mxEs.
Council adopted FESOWION NO. 8364, providing for
the establishment of a service authority for freeway emergmcies.
(97) 3. AB #a77 - SUpp1-t #1 - DESIGN CONSULTANI' (45) AGREEMENT FOR LA COSTA Am PROJECTS.
Council adopted RESOLUTION No. 8365, authorizing
the execution of the mnsultant agreerclent for the design of ~e La Costa widening and the La
Costa/I-5 intersection improvements.
(Subsequently reconsidered, see page 2).
(99 ) 4 AB #%91 - ACCEPTANCE OF A POFtI'ION OF C?J?LSW COi> BOuLFvIT1RD. (CT 84-21)
Council adopted RESOLVTION NO. 8366, accepting a
grant deed mnveying an easement for utility
purposes along a portion of Carlsbad Boulevard.
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January 28, 1986 Paqe 2 ~ d
CONSKC CALENDAR: (continued)
(99) 5. AB #a92 - ACCEPTANCE OF J3EDENTS - CARLSBAD
(81) TRACI' 83-7.
Council adopted RESOWTION NO. 8367, accepting a
grant deed mnveying an easement for fire hydrant
purposes across a prtion of various streets associated with Carlsbad Tract 83-7.
(74) 6. AB #8397 - Supplement #1 - "LGE" CCME'EWATION
PLAN.
Council adopted REsoulTION NO. 8385, adopting a
Managmt Compensation Plan.
ITEM WITHDRAWN FROM THE CONSENT CALENDAR:
( 70) 1 AB #8501 - mJNDING FOR SENIOR CITIZEN CENTER.
David V. Castner, 1550 Sunrise Circle, Member of the
Board of Directors of the Carlsbad Senior Citizens
Association, spcjke to Council on Malf of the Association asking that the Senior Citizen Center not
be included on the list for Public Facilities Fee
Funding. Mr. Castner stated there were millions of
dollars to be spent an other projects such as loads,
fire stations, parks, etc., and the senior citizens
felt if their center were left on that list, it could
becon-e "lost in the shuffle".
Council discussion reflected the desire for retaining as mny finding options as pssible for the Senior
Center.
Council tabled Item No. 1, Funding For Senior Citizen
Center.
Council Member Pettine mde a &ion to reconsider
Item No. 3 of the Consent Calendar.
(97) 3. AB #8477 - Supplement #1 - DESIGN CONSULTANT
(45) AGREEMENT FOR LA COSTA AVENUE PEKNECTS.
Council Menker Pettine stated he wanted to discuss the
method of financing for this project. He stated he wanted to knm Whether or not this mney muld mme
out of the developer's funds.
City Manager Frank Aleshire stated mney wuld be
coming from appropriated Capital Construction Funds
which is basically General Fund mney, to begin with,
and will be reinibursed by aarges to the developers.
He further stated if the City Council approved a
Bridge and Thoroughfare Districk in April or May, Ws
would allaw reinibursemnt.
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January 28, 1986 Page 3
MacKenzie Brm stated if the mnies were identified
and a Bridge Reidxrsemnt District formed, the City
would be entitled to reirhursement.
Council adopted the following Resolution:
RJ3SOUPTION 8365, ALJTE3OlUZING THE EXEEUTION OF 'IHE
CONSULTANT AGREEM EDR THE DESIGN OF THE IA OXTA
WIDENING AND THE LA a)S"A/I-5 lXIEF?SE~ION 1MPm-s.
ORDINANCES FOR ACOPTION:
(78) 7. AB #&I74 - SPEED LIMIT ON EXM AVENUE FRolvl EL CAMINO REAL TO TAMARACK AVENUE.
Council adopted the follming Ordinance:
ORDINANCE NO. 3197, AMENI)ING TITLE 10, c%TApTER 10.44
OF THE C2WISBAD MUNICIPAL OODE BY AMENDING SECTION
10.44.080 TO ESTABLISH A 40 MPH SPEED LIMIT ON ELM
AVENUE FROM EL CAMINO REAL TO TAMARACK AVENUE.
(100) 8. AB #7665 - Strpp1-t #2 - DELETION OF TRANSLENT
OCCUPANCY TAX AT STATE PARK CAMP SITES.
Maurice Asa Kirtiball, 1623 James Drive, addressed
Council briefly noting concern regarding Mayor
Casler's statemnt at the last meting regarding
possible deletion of paramedic services to the state
park camp sites in mrro Bay.
Mayor Casler clarified stating it was police service
and it was a coastal city.
Council adopted the follcrwing Ordinance:
ORDINANa NO. 1287, Z+MENDm TITLE 3, QIAPTER 3.12 OF THE CARLSW MUNICIPAL mDE EY THE AMENDMENT OF
SECTION 3.12.020 TO RENOVE THE TRANSIENT OCCUPANCY TAX
AT STATE PARK CAMP SITES.
PUBLIC HEARINGS:
(114) 9. AB #8493 - ZONE CODE AMENI3MENT - ESTABLISHING
GARAGE ST' - ZCA-185 - CITY OF CARLSBAD.
Mike Holzmiller, Planning Director, gave the staff reLmrt as contained in the Agenda Bill.
Mayor Casler apened the Public Hearing at 6:25 p.m.,
and issued the invitation to speak. Since m one
wished to speak an this item, the Public Hearing was
closed.
Council approved the Negative Declaration issued by
the Planning Director and introduced the following
Ordinance :
ORDINANCE NO. 9792, AMENDING TITLE 21, CHAPTER 21.44,
OF THE C?U?LSE?AD MUNICIPAL ODE EY ADDING SEXXION
21.44.220 TI E#STA€3LIsH GARAGE STANDARDS IN R?3SIDEDTIAI;
ZONES.
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January 28, 1986 Page 4
PUBLIC HEARINGS: (continued)
(99) 10. TENTATIVE MAP CT 85-24 - CRRLSBAD RESEARCH cJ3Pr.m.
This item was antinued to February 11, 1986.
HOUSING AND FEDEXELDFPENT COZVIMISSION
Council adjourned to the Housing and Redevelopent
Comnission at 6:26 p.m., and reconvened at 7:38 p.m.,
with all Members present.
DEPAF3MENTAL AND CITY MANAGER REpoIiTS:
Mayor Casler announced that there muld be a ten-
minute recess first, and then the Council wuld go
into the Closed Session.
RECESS :
Mayor Casler declared a recess at 7:40 p.m., and
Council reconvened at 7:50 p.m., into a Closed Session, with all Men-bers present.
(41) 11. AB #8494 - CLOSED SESSION PENDING LITIGATION.
Council, by mtion, authorized a Closed Session
pursuant to Governrnent Code Section 54956.9 (b)(2) to decide if a Closed Session is authorized by 54956.9
(b) (1) - significant exposure to litigation.
Council reconvened at 8:14 p.m., and Mayor Casler
stated a Closed Session had been held pursuant to Government Code Section 54956.9 (b)(2). On the advice
of the Attorney of existing facts and circumstances, it was determined a Closed Session was authorized: one was held to discuss the situation constituting significant exposure to litigation by the City.
(26) 12. AB #8495 - PAILMAR AIR€Ol" ROAD WEST ASSESSMENT
DISTRICT.
City Engineer Gene Donovan gave the staff report as
contained in the Agenda Bill using a location mp
shming the proposed boundaries of the assessment
district.
Legal Counsel MacKenzie Brm reported there were four
Resolutions contained in the packet: to &e
appointments for special assessment districts, adopt
the mp shming the proposed bundary, ordering the
preparation of an investigation report and approving
the investigation reprt and setting a Public Hearing
for March 4, 1986. He stated all property mers will
be notified and advised of individual estirmtes upon
conclusion of the first hearing on the matter. The
plans and specifications will be finalized and construction bids received. At the second Public
Hearing, Council wuld have the final figures an the
construction bids. At that time, the Assessment
District wuld be fox"& and leans imposed on the
property.
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- Januq 28, 1986 Page 5
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DEPAII?MEWTAL AND CITY MANAGER REPOIITS: (continued)
Norm Neste, Assessment Engineer on the project,
reprted on bundaries of the Assessment District, using one transparency to shm the area and another transparency shaving the exkent of improverclents along
Palom Airport Road from 1-5 easterly about 7000 feet or just beyond where College will be joining Palomr
Airport Road. He stated the remaining prtion of
Palom Airport Road is z1cxn7 being -roved and will
bring that portion of the street to full standards.
The remaining portion of the road to El Camino Real is
on County-ed land and it is the intent of the City
to ask the County to participate in the inprovement of
the road. This mld bring Palom Airport Road from
El Camino Real to 1-5 up to standards as set forth in
the circulation plan of the City.
Mr. Neste stated the total project mst is $5,120,000. Mr. Neste stated the purpose of the debt limit reprt
sets forth information required by the Majority
Protest Act and that is indicated by Exhibit B in the reprt. He indicated the nature and extent of the work, with improvmt of Palorrar Airport Road and the
widening to six lanes (three each way) rredian and curb on 'coth sides, with rm rredian landscaping for the
parkway, but just erosion mntrol required. Mr. Neste stated the assessmt was rrade cn a frontage basis m
both sides of the streets of properties benefiting from the Assessment Distrie.
In answer to query, Mr. Neste stated me property
mer does control 54% of the district, but they
are mrking with this mer and 'hope to resolve any
objections he my have.
Council adopted the following Resolutions: (one
mtion)
RESOUPTION NO. 8368, MAKING APPOINTMENTS IN A SPECIAL
ASSESS= DISTRICT.
RESOLUTION NO. 8369, ADOPTING A flplp SHOWING ?HE
PROPOSED BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT.
RESOLUTION NO. 8370, oi>vEFUNG PRELIMINARY
DEI!ERMINATION AND ORDERING THE PREPARATION OF A REPOFT
ON SAID IMPR3m.
REsoLxpfION NO. 8371, APPFOVING A FSPOKC UMDER THE
"SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND
MAJORITY PROTEST ACT OF 1931", AND Fu(ILlG A DATE OF
HEARING ?HERFXN.
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January 28, 1986 Page 6 - DEPAFCDGWTm AND CITY "WiGEX PEPOKTS: (continued) I
(26) 13 AB #a96 -. APPIAN ROAD AssEssMEwT DISTRICT NO. 86-2 -
City Eslgineer Gene Donovan gave the staff reprt using
a transparenq to shcw the proposed boundary of the
Assessrnent District, and explained the extent of -works
of improvement to be constructed..
Council adopted the follming Resolutions: (one
motion)
RESOLUTION NO. 8372, ADOPTING A WJP SHOWING ?HE
GEXERAI; N?WURE AND =TION OF CJ33AIN PUBLIC WFXS
OF IMF'mm AND SEIOWING THE PRQPOSED BOUNDARIES OF
THE ASSESS= DISTRICT TO BE ASSESSED FtlR SAID 1MPmm.
RESOLUTION NO. 8373, ORDERING THE INSTWION OF
CEWAIN l?Ul3LIC IMPRXEMENTS hTTJ3IN A EElZK, AND
INSTRUCTIE TEE SIJPERI~ENT OF STREGTS TO GIVE
NOTICE AND ORDER TEE OONSTRUCTION OF SAID 1MPmm.
(26) 14. AB #8249 - Supplement #2 - SOUTH (XZLEGE
ASSESSMENT DISTRIm.
Gene Donovan, City Engineer, gave the staff report as
contained in the Agenda Bill, using a transparency to
shcxnr the Assessment District area.
MacKenzie Brm reported a petition, requesting
Council initiate proceedings for this District, was
presented to Council. The petition was signed by the
property mers representing mre than 60% of the
assessable area.
Nom Neste, mgineer for the proposed Assessment
District, stated the inprovements will include College
Avenue, bhidh does not exist, from El Camino Real
through to Palom Airport Road. It will be a major
arterial, 102 feet wide, with a ricjht-of-way and
median. Landscaping will be in place in this Assessmt District. One mer will put in per?Mnent
landscaping in the mdian where it will not be
destroyed. The &her mer will pt erosion control at this the, inasm& as the landscaping would be destroyed as the property is developed on bath sides
of College.
Mr. Neste listed the facilities to be installed and
stated the mst estimate of $9,174,000 for the
construction of those improvmts. He stated the
total of this project mld be $11,462,000. Mr.
Neste explained the project .
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January 28, 1986 Page 7
DEPARTMENTAL AND CITY MANAGEX REPOF3S: (continued)
Council adopted the follming Resolutions: (one
motion)
FESOLUTION NO. 8374, MAKING FINDINGS ON PEI'ITION.
REsowrrION NO. 8375, MAKING APPOINTMEwrs IN A SPECIAL
ASSESSMEXI? DISTMCJ? .
RESOLVTION NO. 8376, DECLARING l3TENTION TO ORDER THE
CONSTRUCTION OF CErrrAw IMPFOVEMENTS, WE!ITEl? WITH
WPUlUTNAN~S AND EPURTEWWT WF% IN ~NNE3'ION THERENITH, IN A PIiQPOSED ASSESSMENT DISTRICT PURSUZUT
TO THE TERMS AND PFOVISIONS OF "E "MUNICIPAL
IMPRO- ACT OF 1913"; m THE WFK TO BE OF
MORE THAN LOCAL OR ORDLNARY BENEFIT AND DESCRIBING ?HE
DISTRIm To BE ASSESSED To PAY TE3E 03STS AND El(pENsEs
THEREOF; AND PROVIDING FOR ?HE ISSUANCE OF EL>NDs.
RESOWI'ION NO. 8377, PASSING CN THE "REPO~" PRESENTED
PURSUANT TO THE "MUNICIPAL IMPFOVE3ENT AIJT OF 1913";
GMNG PRELIMIm APPFOW AND SEITING TIME AND J%ACF,
OF PUBLIC HEARING.
RESOUPTION NO. 8378, AUTHORIZING SALE OF SPECIAL,
ASSESS" BONDS To FINAN(3E l3lJXDm IN A SPECIAL
ASSESSMENT DISRICJ? AND F@QUESTING PFOFOSAL,.
(99) 15. AB #7531 - Supplement #2 - FINAL MAP - CAWSBAD
I
TRACT 834.
Gene Donovan, City mgineer , gave the staff reLmrt.
Mike Holzmiller, in answer to questions, explained the
location of the pedestrian trail.
Council approved the final mp of Carlsbad Tract No.
83-4 (Windsong Shore).
(99) 16. AB #7125 - Supplement #3 - CONDITIONS OF APPROVAL
FOR CAIiLSBAD TRACl' 82-12.
Gene Donovan, City agineer, gave the staff report as
contained in the Agenda Bill, using a transparency to
shm the location of the site.
Doug Avis, Bieri-Avis, 11300 Sorrento Valley Road,
asked for the staff recmmendations to be approved.
Mr. Avis stated their property is adjacent to Leisure
Te& property, and Leisure Tech does not want Carlsbad
dumping their traffic onto them. They have held back
600 feet in order to not have the mnnection mde at
that pint.
Council approved the amndmnts to the anditions of
approval for Carlsbad Tract 82-12, Carlsbad
Highlands.
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Lewis
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January 28, 1986 Page 8
DEP-AL, AND CITY MANAGER RJBXTS: (continued)
(78) 17. AB #8498 - SPEED LIMITS FOR AIGA ROAD.
Mayor Casler stated that Council had received
telephone calls and letters and mtioned one from
Florence Lucas protesting this dzange.
Don FJakefield, 7412 Carlina Street, a &r of the La
Costa Awareness Group, stated %at the people at the
west end of Alga Road, the portion closest to El
Camino Real, was opposing this increase in the speed
limit. Mr. Wakefield stated the residents asked
Council to watch over the problem carefully and
en€orce the current speed limit.
In answer to Council quay, Police Chief Vincent Jimno
stated the present 35 mph speed limit had ken set &e
to the substandard street. Since the improvements to
the street, a speed study had keen taken and in
accordance with that speed study the speed limit
should be increased to 45 nqh. If the speed limit is
kept at a lwer limit, Police could nut use radar to
enforce the speed limit, inasmch as it would not
stand up in court.
Police Chief Jimno stated the State law is very clear
and they mld have to follcw procedure.
Council Mertiber Kulchin stated she felt this was a
dangerous road: she had heard from a lot of citizens who want the 35 mph: and she supported mintaining the
35 mph speed limit. She stated she would Like to
retain and enforce the 35 mph speed limit for 90 days.
Then conduct another speed survey to tell whether mtorists are conplying with the speed.
Council denied Ordinance No. 3196, and requested a report back from staff in 90 days.
(87) 18. AB #6973 - Sqp1-t -#3 -- m TO SAN DIEGO
REGION SOLID WAS'IE MANAGENEWT PLAN.
Roger Greer, Director of Utilities and Maintenance,
gave the staff report as mntained in the Agenda Bill,
and noted that representatives of the County Department of Public Works were present to answer
questions regarding the mtter.
Ms. Reed answered Council questions regarding the
reconmendation, and explained &anges in the SANDER
site over ae years.
Mayor Casler mde a mtion to approve Resolution No.
8325, and Council Mer Chick seconded the mtion.
Council Menber Pettine stated he was against this
Resolution, as he felt Carlsbad should not approve this without input from Oceanside.
The approval of Resolution No. 8325 failed, due to a lack of m jority .
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Januq 28, 1986 Page 9
DEP-KL AND CITY MANAGER REFQRTS: (continued)
(93) 19. AB #8499 - CHANa TO A(XEFTAl3W HEAVY ME!lX.L CONCENTRATION IN CITY SEWERS.
Roger Greer, Director of Utilities and Maintenance,
gave the staff report as mntained in the Agenda
Bill.
Council Introduced the follming Ordinance:
ORDINANCE NO. 7069, A?@XDING TITLE 13, (XAPTER 13.04
OF TKE cAIultsl3AD tW?StCIPAL ODE BY THE ZWENDMEXiT OF
SECTION 13.04.050 (f)(14) TO ESTAJ3LISH LIMITS FOR
DISCHARGE OF HEAVY I"AL 733 THE CITY SEWER SYSTEM.
(68) 20. AB #8500 - MEMBEFSHIP IN SOl"€ERN cAI;IFoRNLA
F7A'IER co"I?TEE.
City Manager Frank Aleshire gave the staff report on
this item as mntained in the Agenda Bill.
Council adopted the follming Ordinance:
ORDINANCE NO. 8384, To AFPR!3m MEMBERSHIP IN THE
SOU'I53ERN CA.LIFOMA WA'IER EX"I?TEE, INC.
(79) OW-AGEXDA ITEM:
By unbus ancensus, Council agreed to add to the
Agenda the agremt form which will require
developers to pay the increased fees.
Council adopted the follawing Resolution:
RESOLUTION NO. 8386, APPFOVlIG A STANDARD FORM
AGREENEW? TI PAY INCREASE FEE FOR THE DmPMENT
MANAGE3JEN-r SYSTEM.
(74) 21. cIx)IsED SESSION.
Council adjourned at 1O:ll p.m., to a Closed Session,
to consider personnel mtters.
Council reconvened. at 10:37 p.m. Mayor Casler
announced that a Closed Session had been held on
personnel mtters, with no action taken.
AmoUFwENT:
By proper mtion, the Meeting of January 28, 1986, was
adjourned at 10:38 p.m.
Respectfully suhitted,
A-LEmAL. &$- mz
City Clerk
Harriett Babbitt
Minutes Clerk
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