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HomeMy WebLinkAbout1986-03-12; City Council; Minutes3, 7’ 0 MINUTES 0 Meeting of: CITY COUNCIL (Adjourned Regular Pleeting) Time of Meetina: 6:OO p.m. Date of Meeting: March 12, 1986 5 Place of Meeting: City Council Chambers COUNCIL \y % % MEMBERS % $ CALL TO ORDER: Mayor Casler called the Meeting to order 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. Mayor Casler stated the Ad Hoc Committee established to study advantages and disadvantages of locating a North County campus of San Diego State University in Carlsbad desired to speak to Council this evening. Council consented to consider the presentation of the Casler x: Ad Hoc Committee at this time, and added the item to Lewis the Agenda for consideration. Kulchin Chick Pettine (28) Ted Frye, a member of the Committee, addressed Council stating the Committee had considered the advantages and disadvantages of a campus in Carlsbad and unanimously agreed it would be desirable to pursue the location of the campus in the City of Carlsbad. Wednesday, March 19, 1986, the Committee of the Board of Trustees of the California State University will hear presentations from owners of property and proponents of proposed sites. The Committee from Carlsbad will be there and will make a presentation. Mr. Frye stated the Resolution formed by the Committee shows written support of the City for this campus, and he requested Council adopt the Resolution. Council adopted the following Resolution: Casler Lewis RESOLUTION 8431, EXPRESSING SUPPORT FOR THE LOCATION Kulchin OF A PROPOSED CALIFORNIA STATE UNIVERSITY CAMPUS IN Chick THE CITY OF CARLSBAD. Pettine x (77) 1. OUTLINE OF GROWTH MANAGEMENT PROGRAM. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Rill, using transparencies to show the different attachments as contained in the Agenda Rill and wall charts to further illustrate the report. Mr. Holzmiller gave a complete report of the different attachments listing the sections of their proposed management program. Mr. Holzmiller stated staff recommended Council indicate at this time whether Planning staff was headed in the right direction. They were also asking for a 30-day comment period. After that time, they will bring back a more formal document. 105 - - /,* 0 MINUTES 0 March 12, 1986 Page 2 Mr. Holzmiller stated during the 30-day period, the program would be reviewed by Department Heads, citizens, members of the development community and the Planning Commission. Also, the Planning Department would conduct the environmental review process and the preparation of formal documents for the City Council, Also, there are several draft management programs that have been submitted by developers in some of the different zones. Mr. Holzmiller stated Fay Round had been hired to assist with this program and would give a brief description of their planned program. Fay Round addressed the Council stating they had interviewed the City Council, staff and Department Heads to compile a wish list of information. A system is needed to communicate the information that Mr. Holzmiller has discussed. This system must be kept simple. A basic mapping of the City is essential, as the people want a visual representation of what facilities exist in each zone. Mr. Round commented this work could be done more expeditiously by using the City's computers. In answer to query regarding how much discretion future Councils would have, Mr. Holzmiller stated the program would be set up for each zone. If there is an inadequacy at any time in the standards as outlined, the decision would be made by the City Council whether or not they wanted to hold up development in that zone until the inadequacy was corrected. Council Member Pettine stated the standards should be specific, and not left to interpretation. Council Member Lewis stated he felt a unanimous vote of Council should be required to change any of these standards. Bob Ladwig, Rick Engineering, spoke in favor of the proposed Growth Management Program as outlined by the Planning Director. He urged the Council to adopt the concept and set a date for the adoption. Hap L'Heureux, Carlsbad Chamber of Commerce President, stated the Chamber concurred with the recommendations. He urged Council to adopt this concept this evening and start the 30-day comment period immediately. 3on Briggs, representing Sammis Properties, 2650 Camino Del Rio North, San Diego, stated they have completed a phasing program and are prepared to submit this to the Planning Director tomorrow. Mr. Rriggs stated he questioned the City's responsibility for the fees they collect and what they do with these fees. He saw nothing in the proposed program to indicate when Public Facilities Fees are collected, and the program is identified, the City would be responsible to go forward with that work. \alp - \p 5 COUNCIL 3 %' MEMBERS % 4 a MINUTES 0 March 12, 1986 Page 3 Doug Avis, general partner in Bieri-Avis, addressed Council and stated they have two of the master plans. They are supportive of this program and have some input into it at this time. Mr. Avis stated he had a question regarding the requirement of cash being deposited with the City at the outset. This would eliminate phasing, if this is correct. His second question was his concern about Council having as little discretion as possible. Mr. Avis stated the development industry would be paying more Public Facility Fees to build libraries, fire stations, etc., and would be working with the City as partners. When money was collected by the City for parks or libraries, he felt it should be spent on that facility within an appropriate time frame. He felt no development should be stopped because a library had not been built in that section. 3ames Leary, Architect and Planner, Scripps Memorial Hospital, stated the plan was very workable and sound. They are ready to submit a plan within the Carrillo Ranch area. He urged Council to adopt the concept as presented by the Planning Director. Bill Hofman, Planning Consultant, 7994 El Camino Real, Ste. 208-G, commended staff for the fine work in formulating this outline of the Growth Management Program. He felt the concept was a workable one and urged Council to adopt the program. Council Member Kulchin asked for clarification on the question raised by the developers about the fees being collected entirely at the outset rather than during the phasing process. Mike Holzmiller stated that was not the way the staff intended that to be interpreted. The deposits of monies would be made with the initial unit and deposited with the City as the units were approved. In answer to query regarding fees already paid to the City at this time, Mr. Holzmiller stated some of those monies do affect the entire City and others affect only a particular zone. Mike Holzmiller, in answer to question regarding what kind of EIR is planned and the amount of time required for the EIR, stated that as soon as the 30-day period starts, they would start work on the environmental review. If there would not be an environmental impact, a Negative Declaration would be issued. Mayor Casler added it would also go to the Planning Commission. She inquired exactly what would be done at that level. Would they take action or would this be an information item, and Mike Holzmiller stated it would be presented to them to get input as a workshop. Their input would be returned to the City Council in June. \ 03 \v 5 COUNCIL % yC MEMBERS % $ ,I a 0 MINUTES March 12, 1986 Page 4 Mayor Casler expressed the hope that during the 30-day period staff would consider the inclusion of the Police Department in this report. They are funded from the General Fund and she hoped they would look at that more closely. Council accepted the concept presented in the outline of the Growth Management Program and directed staff to put this out to the public for 30 days for feedback and recommendations and to return the program to the Planning Commission. RECESS : Mayor Casler declared a recess at 7:31 p.m., and Council reconvened at 7:43 p.m., with all Members present. PUBLIC HEARING: (77) 2. AB #a473 - Supplement #3 - PUBLIC HEARING - EXTENSION OF URGENCY ORDINANCE NO. 9791 - INTERIM LAND USE CONTROLS. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. Mayor Casler opened the Public Hearing at 7:45 p.m., and issued the invitation to speak. Since no one wished to speak on this item, the Public Hearing was closed. Council adopted the following Ordinance: ORDINANCE NO. 9801, ADOPTED AS AN URGENCY MEASURE EXTENDING ORDINANCE NO. 9791 AND THE TEMPORARY LAND USE CONTROLS IMPOSED BY IT, AND ESTABLISHING TEMPORARY LAND USE CONTROLS PENDING CONSIDERATION BY THE CITY COUNCIL OF ZONE CODE AMENDMENTS, ZONE CHANGES, GENERAL PLAN AMENDMENTS, TO PERMANENTLY IMPLEMENT THE COMPREHENSIVE DEVELOPMENT MANAGEMENT SYSTEM IN THE CITY OF CARLSBAD. DEPARTMENTAL AND CITY MANAGER REPORTS: (79) 3. AB f7099 - Supplement %5 - 1986 PUBLIC FACILITIES FEE (PFF) UPDATE. 3im Hagaman, ResearchiAnalysis Wanager, gave the staff report as contained in the Agenda Bill using transparencies to indicate all the charts as shown in the report. He also used wall charts to show existing and proposed arterials to be funded by Public Facilities Fees and traffic signals to be funded by Public Facilities Fees. Mr. Hagaman stated the new population estimate is 137,000 at buildout. The assessor's rolls, with potential evaluation of industry, commercial and residential, would set the Public Facilities Fees at 3.2%. \oL - \$ 5 COUNCIL % 9A MEMBERS % $ Casler Lewis Kulchin X Chick Pettine Casler Lewis Kulchin Chick X Pettine - c e 0 MINUTES March 12, 1986 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) City Manager Frank Aleshire stated there would be a traffic impact study report for the southern portion of the City presented to Council which would include a list of many of the projects listed in this report. These projects would be funded from the Traffic Impact Fee Fund. The next report to come before Council that would affect the projects listed in Mr. Hagaman's report would be the Bridge and Thoroughfare District. It would be a policy decision that Council would have to make as to what projects to take out and what projects to leave in the Public Facilities Fee project list. Mr. Aleshire stated this report was just to get a list before Council. Bob Ladwig, Rick Engineering, stated the list was comprehensive, but there was one project he would like Council to consider changing. This was the medians on Carlsbad Boulevard. He felt a painted median would be sufficient northerly of Cherry Street. In conjunction with the seawall construction, he felt Council should consider a walkway and pedestrian way west of the guardrail. He felt it would be better to use the money on the bluff top rather than on the median. City Manager Frank Aleshire stated the seawall project will be brought before Council shortly, and an alternate design has been made to deal with the bluff top walkway. This is not included in the PFF funds. Hap L'Heureux, President of Carlsbad Chamber of Commerce, referred to a letter he had delivered to Council Members tonight from the Carlsbad Chamber of Commerce Board. He asked the Council to consider this letter. Mr. L'Heureux read the entire letter into the record. The letter suggested the $4 million for extension of City Hall could be better spent to build a Civic Center facility at the Safety Center site; convert the Council Chambers into a joint meeting, conference, performance facility for the library, seniors, and community in general; convert the east wing of City Hall into library uses; convert the west wing into a Senior Citizens Center with eating facilities, meeting rooms, etc.; and make the Harding Center available for downtown Community Center uses. Doug Avis, Bieri-Avis, spoke representing the property owners affected by the Assessment District on Cannon Road. He stated this was a badly needed improvement and the City is one of the major property owners. He mentioned the SDG&E holding and stated the Assessment Engineer and Bond Counsel had informed him those two properties cannot be assessed into the district because they are not developable properties. He asked for the City's participation in this Assessment District to put $3 million back onto the table for the project . Mr. Avis asked that, inasmuch as the street lies on property deemed to be undevelopable, that it remain in the PFF. If it is developed at any time in the future, those fees would be paid. He asked Council defer action and hear the proposal of the property owners in the Cannon Road Assessment District prior to making a decision. 101 - \p 5 COUNCIL % % MEMBERS % q - c 0 MINUTES 0 March 12, 1986 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Patricia Stanfield, representing SDG&E, spoke in support of Council considering having Cannon Road improvement remain in the PFF program. She stated there are two park properties in that area, Hub Park and Macario Canyon, and development of those two parks would benefit from the Cannon Road development. Also, the City did not want additional pressure on agricultural lands to develop. Third, the property SDG&E owns is governed by the Aqua Flediondo Local Coastal Program, and south of that, the Mello I1 program. The area fronting Cannon Road is designated open space by the LCP and development of the property conditioned by LCP as permanent open space and agricultural. In order to have that removed from agricultural, it would have to go through the Coastal Commission and that would take an undetermined amount of time. Ms. Stanfield stated the Eckes may have a similar requirement for the 40 acres they propose to develop. She felt the PFF funds were the mechanism necessary to install the Cannon Road. She stated the 45 acres SDG&E owns that is being studied for development is not affected by this portion of Cannon Road. It is encumbered by the park site, rugged terrain and the transmission lines. She asked the Cannon Road improvement be left in the PFF fees. Council commented that the SDG&E land is being exempted from that ruling by AB 83744, which may allow it to be brought out for development. Graham Fraser, Fraser & Associates, Harding Street, representing the Traffic and Transportation Committee of the Chamber of Commerce, commended Mr. Hagaman and his staff for the report and stated his support for the list as presented. Council Member Lewis stated he had a problem with Cannon Road and felt the City should be obligated only for the area they control at this time. City Manager Frank Aleshire stated he has detailed maps and a lot of information on the Cannon Road issue to present to Council on March 25, 1986. He would suggest that item be deferred until March 25, 1986. The prices on the Public Facilities Fees list have been updated from the 1982 price to 1986 dollars. If there is a change in Council policy, that would change those numbers. All of the information needed is not available tonight. City Manager Frank Aleshire reiterated there would be a complete report on March 25, 1986, on Cannon Road. The traffic study and recommendations could be made at that time regarding the setting of the fee. 100 7 \p 5 COUNCIL % % MEMBERS % $ - "r I 1 @ MINUTES I. March 12, 1986 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council discussion determined it would be better to leave all projects in rather than take them out at this time and make the fee lower. It would be better to leave the fee at a higher rate if necessary, issue a refund. Council accepted the 1986 Public Facilities Fee Project list as presented, with the understanding that a more definitive report will be presented on March 25, 1986. Council Member Pettine stated, for the record, that acceptance of the information did not mean agreement with the figures presented in the report. (26) 4. AB #8542 - ASSESSMENT DISTRICT PROPOSAL -6ATIQUITOS LAGOON EDUCATIONAL PARK. City Engineer Gene Donovan gave the staff report as contained in the Agenda Bill using a transparency to show the site location and the proposed configuration for the street. Council Member Pettine inquired why the City would form an assessment district for a project where there was no benefit to the City. City Engineer Gene Donovan stated this street is a secondary arterial and it does link two communities. In answer to Council Member Pettine's question as to what communities are being linked, Mr. Donovan stated this connects Poinsettia Avenue and the shopping center to be constructed adjacent to Carlsbad Boulevard. It is a secondary arterial alternate route. The design of the street into a circle permits actually two double streets for people to travel rather than a single direct street. Jon Briggs, representing Sammis Properties, 2650 Camino Del Rio North, San Diego, stated this was a secondary arterial and it had always been on the Circulation Element. He added if this was for their project alone, a bridge would not be required across the railroad tracks. The City insisted the bridge be built across those tracks and the benefit would certainly go beyond the boundaries of this project. Mr. Briggs reiterated the university would be a unique community of the future and would benefit the City of Carlsbad. He asked Council to approve the recommendation of the Project Review Committee. He asked that the experts be selected to review this proposal and another report be brought back to Council. Mr. Briggs stated they would be very happy to go along with the recommendation of that team. He stated the desire to present additional arguments to the experts regarding the items the Project Review Committee deleted. In answer to Council query, Mr. Briggs stated this road would have two lanes and a bike lane each way on both halves of the circle. I 401 - \v 5 COUNCIL "0 C MEMBERS Z. f 39 Casler Kulchin Lewis X Chick Pettine . o MINUTES 0 March 12, 1986 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Mayor Casler stated in Mr. Sammis' letter of December 13, 1985, the improvements listed would certainly be of benefit to the City. Council Members Pettine and Lewis stated they felt this was not consistent with Policy 33 in that it only benefitted the developer. City Council directed staff to proceed with the formation of the Assessment District, and authorized the selection of a team of consultants to assist the staff in preparing documents and processing the District in accordance with the recommendations of the Project Review Committee contained in the agenda bill. OFF AGENDA ITEM: Liability Insurance Council agreed to hear a report on liability insurance at this time. Ray Patchett, Assistant City Manager, gave the staff report referring to his memorandum to the City Manager date March 12, 1986. Ray Patchett stated the liability market is non- existent. The coverage is restricted and extremely limited, and the premiums are exorbitant. Mr. Patchett stated it had been recommended by Mr. 3ack, the Risk Management Consultant, and staff that Council allow the existing policy to lapse due to this restrictive coverage and reduced limits; and that the City enter into a self-insured program. Mr. Patchett stated if Council agreed with staff recommendation, no action was necessary; the policy will lapse. If Council does not agree, then action would be required. If the City would like to take a little more time to consider this, the insurance will be available through the 19th. Mr. Jack stated all city councils are facing this same problem and renewal quotations are similar to the one this City received, with very restrictive coverage and exorbitant premiums. Council continued this item for one week for further study . 98 - \v 5 COUNCIL % % MEMBERS % c Casler Kulchin Lewis x; Chick Pettine Casler Lewis x1 : Pettine I Chick 1 Kulchin 1 v Casler Chick Kulchin x Lewis xx X Pettine X I i .I a MINUTES - 7 ~ March 12, 1986 Page 9 OFF-AGENDA ITEM: (continued) (41) 5. CLOSED SESSION PENDING LITIGATION. City Council, by motion, authorized a Closed Session on pending litigation as follows: City Council held a Closed Session pursuant to Government Code Section 54956.9 (b)(2) to decide whether on the advice of the City Attorney based on existing facts and circumstances there is a significant exposure to litigation against the City, and, if the Council so determines, to remain in Closed Session to discuss the situation constituting that exposure pursuant to Government Code Section 54956.9 (b)(l). Council adjourned to a Closed Session at 9:50 p.m. Council Members Kulchin and Chick asked to be excused. Council reconvened at 10:07 p.m., with three members present, and Council Members Kulchin and Chick absent. No action was taken. ADJOURNMENT: By proper motion, the Meeting of March 12, 1986, was adjourned at 10:08 p.m., to 5:OO p.m., Tuesday, March 18, 1986, in the City Council Chambers for a Closed Session to discuss meet and confer and litigation. Respectfully submitted, ALETHA *#[- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB/tc 97 7 \p 5 COUNCIL % % MEMBERS % $ Casler Lewis X Kulchin Chick Pettine