HomeMy WebLinkAbout1986-03-04; City Council; MinutesMINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:00 p.m.
Date of Meeting: March 4, 1986
Place of Meeting: City Council Chambers
CALL TO ORDER:
Mayor Pro Tem Lewis called the Meeting to order at
6:00 p.m.
ROLL CALL was taken by the Deputy City Clerk, as
follows:
Present - Council Members Lewis, Kulchin and
Pettine.
Absent - Mayor Casler and Council Member Chick.
INVOCATION was given by Reverend Kathy Ellicot of
Unity of Carlsbad Church.
PLEDGE OF ALLEGIANCE was led by Council Member
Kulchin.
PRESENTATION:
Mayor Pro Tem Lewis read a proclamation declaring the
week of March 2 through 8 as I'Save Our Vision1' Week.
CONSENT CALENDAR:
Council Member Pettine requested Iteins No. 10 and 11
be withdrawn from the Consent Calendar.
Council affirmed the action of the Consent Calendar,
with the exception of Items No. 10 and 11, as
follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
1. AB /I8539 - RATIFICATION OF DEMANDS AGAINST THE
CITY.
Council ratified the payment of demands against
the City in the amount of $3,353,425.30, for the
period February 7, 1986 to February 21, 1986; and
Payroll demands in the amount of $568,013.68, for
the period February 9, 1986 to February 27, 1986.
2. AB f8534 - REVISION OF FIREFIGHTER
CLASSIFICATION,
Council adopted RESOLUTION NO. 8419, amending the
classification of firefighter to include the
requirement of EMT IA Certification.
3. AB /I8535 - AWARD OF CONTRACT FOR CONSTRUCTION OF
FIRE STATION /I4.
Council adopted RESOLUTION NO. 8420, accepting a
bid and authorizing the execution of a contract
for construction of Fire Station 84.
March 4, 1986 Page 2
CONSENT CALENDAR: (continued)
(81) 4. AB 88536 - ACCEPTING GRANT DEEDS FOR A PORTION OF
PALOMAR AIRPORT ROAD.
Council adopted RESOLUTION NO. 8421, accepting
grant deeds for street purposes for a portion of
Palomar Airport Road.
(99) 5. AB /I8537 - AGREEMENT TO CONVEY EASEMENT - P.D.
(45) 251 - PACIFIC CORPORATE CENTER.
Council approved an agreement to convey an
easement and authorized the Mayor to execute the
document.
(43) 6. AB 118524 - Supplement /11 - APPEAL - CONDITIONAL
USE PERMIT FOR DEVELOPMENT OF ELEMENTARY SCHOOL - -
ON VILLAGE M AND N OF THE CALAVERA HILLS MASTER
PI AN - CllP-380-
Council adopted RESOLUTION-NO.-8422, approving a
conditional use permit CUP-280 for an elementary
school on property generally located on villages
M and N of the Calavera Hills Master Plan.
AB a8533 - POSITION OF COMMUNITY DEVELOPMENT
DIRECTOR.
Council adopted RESOLUTION NO. 8418, creating the
position of a Community Development Director.
(99) 8. AB /I8538 - AGREEMENT WITH BIRTCHER BUSINESS
(45) CENTER FOR CONDEMNATION OF PROPERTY ALONG PALOMAR
AIRPORT ROAD - (CARLSBAD TRACT 82-4).
Council adopted RESOLUTION NO. 8423, approving an
agreement between the City of Carlsbad and
Birtcher Business Center regarding the acquisition
of drainage easements adjacent to the southerly
right-of-way of Palomar Airport Road.
(74) 9. AB f8281 - Supplement //I - REVISED 1985-86
COMPENSATION-PLAN FOR COUNCIL APPOINTED
OFFICIALS.
Council adopted RESOLUTION NO. 8430, revising the
compensation plan for Council appointed officials
for the 1985-86 fiscal year.
ITEMS REMOVED FROM CONSENT CALENDAR:
(99) 10. AB 118541 - FINAL MAP - CT 84-27 - (BANK0
CONDOS) .
Council Member Pettine requested this item be
withdrawn from the Consent Calendar to have a staff
report by Mike Holzmiller.
a MINUTES
March 4, 1986 Page 3
ITEMS REMOVED FROM THE CONSENT CALENDAR : (continued)
Mike Holzmiller stated this item is exempt from
Ordinance No. 9791 because this was one of those
projects that was developing. It was approved as a
condominium project, but the applicant elected to
apply for building permits as apartment units. The
project is under construction at the present time and
- would probably be close to completion at this time.
They have asked for a final map to enable them to sell
these units as condominiums sometime in the future.
Council approved the final map of Carlsbad Tract 84-27 - Banko Condominums.
(99) 11. AB /I7568 - Supplement H2 - FINAL MAP - CT 83-23 -
(OAKTREE CONCEPTS).
Council Member Pettine requested that this item be
withdrawn from the Consent Calendar to have a staff
report by Mike Holzmiller, Planning Director.
Mike Holzmiller stated this project is exempt from
Ordinance No. 9791 because one of the exemptions
listed in the Ordinance was for approved projects in
the northwest quadrant of the City. These projects
are all small projects with individual ownership. In
terms of adequate public facilities and services, they
are either already provided, or are being provided as
part of this project.
Council approved the final map of Carlsbad Tract 83-23 - Oaktree Concepts.
City Manager Frank Aleshire stated items on next
week's Agenda would relate to the Growth Management
Program and it was important for a full Council to be
present at this Meeting. Mayor Casler would not be
here on March 11, 1986. Therefore, Mr. Aleshire
suggested Council consider meeting on March, 12,
1986.
Council Members concurred with the City Manager's
suggestion.
Mayor Pro Tem Lewis stated the applicant had requested
a continuance on Item No. 15, the Assessment District
for Appian Road.
City Attorney Vincent Biondo stated the applicant had
not asked for a continuance but a letter had been
received indicating a protest. The applicant had
stated a willingness to discuss alternatives with the
City and it would be appropriate to continue that
hearing to March 18, 1986.
MINUTES
March 4, 1986 Page 4
ITEMS CONTINUED:
(26) 15. AB C8496 - Supplement !I1 - PUBLIC HEARING -
ASSESSMENT DISTRICT NO. 86-2 - APPIAN ROAD.
Council continued ltem No. 15 to March 18, 1986.
(77) 18. AB !I8473 - Supplement !I3 - PUBLIC HEARING -
EXTENSION OF URGENCY ORDINANCE NO. 9791 - INTERIM
LAND USE CONTROLS.
Council continued Item No. 18 to the next Meeting.
(113) 20. AB !I8526 - Supplement #1 - SITE DEVELOPMENT PLAN
SDP 84-8(A) - APARTMENT PROJECT - BREHM.
Council continued Item No. 20 to March 18, 1986.
(81) 21. AB 1,8119 - Supplement f18 - CARLSBAD SAFETY AND
SERVICE CENTER ,- PROJECT REVIEW AND BUDGET
UPDATE.
I I The item was continued to March 18, 1986.
1 (37) 25. MEMORANDUM FROM COUNCIL MEMBER CHICK REGARDING
INDEPENDENT MANAGEMENT ANALYSIS.
Council continued Item No. 25 to March 18, 1986.
ORDINANCES FOR ADOPTION:
,- - ,
(113) and 8516 - ~ubplement #I ' - GENERAL PLAN AMENDMENT
(114) AND IMPLEMENTING ORDINANCE - GPA/LU 85-7/ZC-337
LA CORUNA PLACE; GPAILU 85-13 ALGA HILLS; GPAILU
86-1IZC-190 NEW OPEN SPACE RULES: AND MP 1. 139.
149,. 174 & 175 - MASTER PLAN DENSITY RANGES.
Bob Ladwig, Rick Engineering, asked for a point of
clarification on the Agenda sheet on this item. City
Attorney Vincent Biondo stated the density ranges had
been returned to the Planning Commission.
Council adopted the following Ordinance:
ORDINANCE NO. 9793, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING THE ZONING MAP FOR A ZONE
CHANGE FROM RD-M TO RD-M-6-59 ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF LA COSTA AVENUE JUST WEST
OF LA CORUNA PLACE.
Council adopted the following Resolution:
RESOLUTION NO. 8427, AMENDING THE LAND USE ELEMENT OF
THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATIONS
FOR THREE AREAS OF THE CITY'S GENERAL PLAN AND TO
CHANGE THE TEXT TO IMPLEMENT THE REVISED DENSITY
CALCULATIONS FOR OPEN SPACE
GPA/LU 85-7 - CITY OF CARLSBAD (LA CORUNA PLACE)
GPAILU 85-13 - CITY OF CARLSBAD (ALGA HILLS)
GPA/LU 86- 1 - CITY OF CARLSBAD (OPEN SPACE) .
0 MINUTES
March 4, 1986 Page 5
ORDINANCES FOR ADOPTION : ( continued)
13. AB 18531 - AMENDMENT TO SPECIFIC PLAN AND A ZONE
CODE AMENDMENT TO PERMIT A FREESTANDING SIGN NEAR
THE INTERSECTION OF INTERSTATE 5 AND POINSETTIA
LANE - SP-1R6(A) - ECONOMY INNS/ZCA-191 - CITY OF
CARLSBAD .
Council adopted the following Ordinances: (one
motion)
ORDINANCE NO. 9798, AMENDING ORDINANCE NO. 9660 AND
SPECIFIC PLAN 186, TO ALLOW A FREEWAY-ORIENTED,
FREESTANDING SIGN IDENTIFYING TOURIST-ORIENTED USES ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF
POINSETTIA LANE AND AVENIDA ENCINAS.
ORDINANCE NO. 9799, AMENDING TITLE 21, CHAPTER 21.41,
SECTION 21.41.030, OF THE CARLSBAD MUNICIPAL CODE BY
AMENDING SECTION 21.41.030(6) TO MODIFY REGULATIONS
REGARDING SIGNING FOR FREEWAY SERVICE FACILITIES.
14. AB /I8489 - Supplement !#I - REVISIONS TO
HOTEL/MOTEL STANDARDS - ZCA-189 - CITY OF
CARLSBAD .
Council adopted the following Ordinance:
ORDINANCE NO. 9800, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE AMENDING VARIOUS CHAPTERS AND SECTIONS
TO DEFINE BED AND BREAKFAST USES, AND TO REVISE HOTEL
AND MOTEL lJSE REGULATIONS FOR R-3, R-T, C-1 , C-2, C-T,
RD-M, AND C-LR ZONES WITHIN THE CITY OF CARLSBAD.
PUBLIC HEARINGS:
15. AB #8496 - Supplement #I - PUBLIC HEARING
-ASSESSMENT DISTRICT NO. 86-2 - APPIAN ROAD.
This item was continued to March 18, 1986.
16. A6 /I8249 - Supplement #3 - COLLEGE BOULEVARD
ASSESSMENT DISTRICT.
This item was continued to March 25, 1986.
17. AB /I8495 - Supplement /I1 - PALOMAR AIRPORT ROAD
WEST ASSESSMENT DISTRICT DEBT LIMIT PUBLIC
HEARING.
Mayor Pro Tern Lewis read the method of procedure and
the Deputy City Clerk reported that notice has been
given as required by law.
Norm Neste, the Assessment Engineer, used a
transparency to show the assessment district area. He
stated tonight was the hearing on the project. He
reported that protests have been filed by the majority
of the land owners with frontage in the assessment
area.
Lewis
Kulchin
Pettine
Lewis
Kulchin
Pettine
Lewis
Kulchin
Pettine
X
X
X
X
X
X
X
X
X
X
X
X
MINUTES
March 4, 1986 Page 6
PUBLIC HEARING: ( continued)
He stated the Council could proceed with the hearing
and make a formal report. If Council wished, they
could continue this item until March 25, 1986, to work
with the owners. One owner is the majority owner and
had indicated willingness to work with the City to
find a solution.
The consensus of Council was to continue this item
until March 25, 1986.
City Manager Frank Aleshire suggested the Engineer to
make the presentation because there were two issues
relative to City participation in the Assessment
District. Some modifications would be provided if the
City participated in the District which might make it
possible to salvage the project. Mr. Aleshire further
stated that the majority property owner was
represented tonight and was prepared to make a
presentation also.
Council discussion determined the Members were still
in favor of continuing this item.
Council continued this item to March 25, 1986.
(77) 18. AB 118473 - Supplement 1!3 - PUBLIC HEARING -
EXTENSION OF URGENCY ORDINANCE NO. 9791 - INTERIM
LAND USE CONTROLS.
Council continued this item to the next Meeting.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(86) 19. AB f8540 - REQUEST FROM OPTIMIST CLUB FOR
ASSISTANCE WITH SPECIAL OLYMPICS.
Frank Aleshire, City Manager, stated there had been a
letter received from the Optimist Club requesting
financial support from the City for the Special
Olympics. This matter was placed on the Agenda at the
request of Mayor Casler.
Pat genes, 3545 Catalina Drive, addressed Council
stating he wanted to present their case for the
Special Olympics. This is the eighth year they have
participated with the Special Olympics, and he related
that each year they must request donations to fund
this activity. Mr. Jones stated he would like a fund
to be established to assure this would be a yearly
affair and to eliminate the necessity for members of
the Optimist Club to seek donations each year.
MINUTES
March 4, 1986 Page 7
DEPARTMENTAL AND CITY MANAGER REPORTS : ( continued)
In answer to query, Mr. 3ones stated the budget was a
little over $600.00 each year.
Council approved the request of the Optimist Club for
$400.00 to help fund the Special Olympics.
20. AB 118526 - Supplement 111 - SITE DEVELOPMENT PLAN
SDP 84-8(A) - APARTMENT PR03ECT - BREHM.
This item was continued to March 18, 1986.
21. AB 118119 - Supplement 1118 - CARLSBAD SAFETY AND
SERVICE CENTER - PR03ECT REVIEW AND BUDGET
UPDATE.
The item was continued to March 18, 1986.
22. MEMORANDUM FROM COUNCIL MEMBER PETTINE REGARDING
NORTH COUNTY REGIONAL PLANNING BOARD.
Council Member Pettine stated his memorandum was self-
explanatory. He would like to get a positive feedback
from the county and the cities involved, and if that
feedback is positive, to have authorization to work
with the City Attorney for a joint powers agreement to
circulate among the cities. This would create a
regional planning board to address two types of
issues: specific problems with environmental issues
and long-range planning areas in the North County.
Council Member Pettine felt the growth management is
not being addressed on a regional basis and he felt
Carlsbad should take the lead.
Council accepted the concept of the North County
Regional Planning Board project and agreed Council
Member Pettine should proceed within the confines
discussed in his memorandum dated February 11, 1986.
23. AB 118369 - Supplement 113 - ACQUISITION OF SPACE
FOR BUILDING. PLANNING AND ENGINEERING
DEPARTMENTS.
Assistant City Manager Frank Mannen stated this item
was continued from the last Council Meeting to allow
Council Member Chick to supply additional information.
Mr. Mannen stated he had just seen a letter this
evening from Mr. Gilmore to Council Member Chick and
he had no comment or additional staff report.
Council Member Pettine inquired whether the City
Attorney had seen this letter from Mr. Gilmore and it
was determined he had not. Council Member Pettine
added the City Attorney should have an opportunity to
read this letter.
MINUTES
March 4, 1986 Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
gohn Anewalt, 8438 New Salem Street W85, representing
Great Western Savings, stated there were a couple of
issues that should be pointed out with regard to the
lease of the building on Impala Drive.
He stated Mr. Mannen had negoitiated with the project
manager to include an escape clause for the City.
Within any one year period, the City would have the
option to bail out of the lease. They would also
recapture the unamortized improvement money.
Mr. Anewalt felt the location of the Impala Drive
building was a plus, due to the close proximity of the
Safety Center.
The letter from Mr. Bernard Gilmore, Vice President of
the Palomar Airport Business Park, was discussed
offering the City a lease/purchase option on the
building on Las Palmas Drive. The owner stated they
would sell the building to the City for 1.35 million
dollars and would repurchase the building for that
same amount of money at the time the City wished to
vacate the building. However, if the City did make a
profit from the sale of the building at that time, the
owner would ask 50% of the profit.
In answer to query, Mr. Mannen stated the cost of the
purchase price includes $300,000 of improvements, and
that amount of money would not be recaptured. In the
Impala Drive building, the improvements were included
in the rent.
City Attorney Vincent Biondo stated the Council could
make a basic decision to pursue either leasing or
leasefpurchase, because there would be a great deal of
work to be done before staff could come back with the
documents.
Council authorized staff to finalize negotiations and
prepare documents for lease with option to purchase
the building at 2075 Las Palmas Drive.
(85) 24. AB #8514 - Supplement.81- - APPOINTMENTS TO
(28) TECHNICAL ADVISORY COMMITTEE FOR NORTHERN BEACH
AREA PLANNINGITRAFFIC ANALYSIS.
Council Member Kulchin stated she wanted to review the
membership on this Committee. The beach area
resident, Ann Mauch, will not be able to serve.
Council Member Kulchin stated she would like to add a
member from the Housing and Redevelopment Advisory
Committee to this Committee.
e MINUTES
March 4, 1986 Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council Member Kulchin said the Planning Commission
Member will be 3eanne McFadden, the Traffic Safety
Commission Member had not been appointed, Engineering
Department representative had not be appointed,
Planning Department would be Mike Holzmiller, beach
area owner would be Mario Monroey. The Chamber of
Commerce recommended member is Tony Howard-3ones. It
was the consensus of Council to add a member of
Housing and Redevelopment Advisory Committee to the
Committee.
(37) 25. MEMORANDUM FROM COUNCIL MEMBER CHICK REGARDING
INDEPENDENT MANAGEMENT ANALYSIS.
The item was continued to the Meeting of March 18,
19 86.
COUNCIL REPORTS:
Depot Committee
Council Member Kulchin announced the City had received
$35,000 grant money for the restoration of the Depot.
CITY MANAGER ADDITIONAL BUSINESS:
Rancho Santa Fe Road
City Manager Frank Aleshire stated he met with Daon
representatives and they have submitted a request for
an assessment district to build Rancho Santa Fe Road
from Olivenhain to Melrose. Staff will be working on
that proposal to bring to Council at an early date.
Council Member Pettine asked whether in the area from
La Costa to Melrose on Rancho Santa Fe Road whether
barriers for the west side of the road were part of
that consideration.
Mr. Aleshire stated that was one of the options
mentioned. He added the initial proposal was to
proceed with building the southerly portion from La
Costa Avenue south, the six lanes as conditioned on
the tentative plan, and a district would be formed for
the portion north of La Costa. Because there are no
engineering plans or details on the northern portion,
it will probably be a year before that would be
built.
Batiauitos LaaoonIPAC-TEX Protect
The other item Mr. Aleshire reported on was the
Batiquitos Lagoon. He learned late this evening there
would be a hearing next Wednesday, in Los Angeles,
before the Coastal Commission to consider the PAC-TEX
project in the Port of Los Angeles. Two conditions
have been placed on the project that make the project
very unlikely to succeed. One is to eliminate the
storage proposed on fill land within the Los Angeles
Harbor. The Coastal staff recowmendation is to reduce
fill from 100 acres to 15 acres, which would make the
project impractical. The second requirement is, if a
storage tank farm is to be built in another location,
the wo Id need an amendment to the LCP. That would takY? a Yong tune to get approved, ~f ever.
e MINUTES
March 4, 1986 Page 10
Mr. Aleshire reported that if these conditions were
not deleted or changed, it was very unlikely the
Batiquitos Lagoon Project could go ahead.
Mr. Aleshire stated the Carlsbad City Council and the
community should urge the Coastal Commission to
support changing or deleting those two conditions.
His suggestion to Council was they authorize the City
to participate in the hearing on March 12, 1986, and
indicate the City's concern, interest and support of
the Batiquitos Lagoon Project, and notify the
legislators and contact the members of the Coastal
Commission to let them know how important this is to
the City of Carlsbad.
Council concurred with the City Manager's suggestion. I
26. CLOSED SESSION - PENDING LITIGATION.
City Attorney Vincent Biondo stated the Council, by
motion, should authorize a Closed Session regarding
pending litigation, as follows:
The Council hold a Close Session to discuss Elsner et.
al. vs the City of Carlsbad pursuant to Government
Code, Section 54956.9 (a).
CLOSED SESSION:
Council authorized a Closed Session to discuss Elsner
et. al. vs the City of Carlsbad pursuant to
Government Code, Section 54956.9 (a).
Council adjourned to a Closed Session at 6: 53 p.m.,
and reconvened at 7:17 p.m., with no action taken.
By proper motion the Meeting of March 4, 1986, was
adjourned at 7:18 p.m.
Respectfully submitted, I
- Deputy City Clerk
Harriett Babbitt
Minutes Clerk