HomeMy WebLinkAbout1986-05-06; City Council; Minutesa I 0 MINUTES 0
Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: May 6, 1986
Place of Meeting: City Council Chambers
CLOSED SESSION:
Council convened at 5:04 p.m., with four Members
present. Council Member Chick arrived at 5:15 p.m.
By unanimous consensus, Council adjourned to a Closed
Session pursuant to Government Code Section 54956.9(b) (1 ) to discuss a situation constituting
significant exposure to litigation against the City.
Council adjourned the Closed Session at 6:Ol p.m.
CALL TO ORDER: -
Mayor Casler called the Meeting to order at 6:05 p.m.
ROLL CALL was taken. by the City Clerk, as follows:
Present - Council Members Casler, Lewis, Kulchin,
Chick and Pettine.
Absent - None.
INVOCATION was given by Reverand A. Barry Jones of the
Carlsbad Union Church.
PLEDGE OF ALLEGIANCE was led by Council Member
Pettine.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held April 15, 1986,
were approved as presented.
CONSENT CALENDAR:
Council Member Kulchin requested Item No. 27 be withdrawn from the Consent Calendar.
Council Member Chick stated he was not withdrawing Items No. 2 and 21, but those items require additional
funds for the Safety Center, and he questioned when an
update would be received regarding Safety Center
costs.
City Manager Frank Aleshire stated a detailed cost report is available and will be provided to Council
the following week.
Council affirmed the action of the Consent Calendar,
with the exception of Item No. 27, as follows:
/84
-
\sy 9
?% -0
COUNCIL \& MEMBERS *y&
Casler
Pettine
xx Chick
Kulchin
X Lewis
X
Casler
Kulchin
X Lewis
X
X Pettine
X Chick
xx
0 MINUTES 0
(50)
(81)
(45)
(97)
(45)
(50)
(84)
(48)
(84)
May 6, 1986 Page 2 MEMBERS COUNCIL k
CONSENT CALENDAR: (continued)
WAIVER OF ORDINANCE TEXT READJNG.
Council waived the reading of the text of all
Ordinances and Resolutions at this meeting.
1. AB 88597 - RATIFICATION OF DEMANDS AGAINST ;THE
CITY.
I_
Council ratified the payment of City demands in
the amount of $4,298,732.32 for the period
February 28 to April 25, 1986; payroll demands in
the amount of $1,136,739.95 for the period March 9
to April 24, 1986; and housing demands in the
amount of $991,670.05 for the period February 28
to April 25, 1986.
2. AB $3119,, - Supplement #23 - AMEND STEEL CONTRACTS
FOR SAFETY AND SERVICE CENTER.
Council adopted RESOLUTION NO. 8525, approving an
amendment to Contract No. 3006-4E for the Carlsbad
Safety and Service Center; and
Council adopted RESOLUTION NO. 8526, approving an
amendment to Contract No. 3006-2A for the Carlsbad Safety and Service Center.
3. AB 88560 - Supplement fl - CONTRACT FOR 1985-86
SlURRY SEAL PROGRAM.
Council adopted RESOLUTION NO. 8527, accepting a
bid and authorizing the execution of contract U/M-
12 for the 1985-86 Slurry Seal Program.
I
4. AB #8598 7 REFUND OF FEES I Council approved the refund of $7,194 to Westana
Builders for overpayment of fees.
5. NUMBER NOT USED.
6. AB 88600 - PURCHASE OF TURF SWEEPER.
Council adopted RESOLUTION NO. 8529, authorizing the execution of a purchase order for the purchase
of a turf sweeper. I 7. AB #8601 - PROPOS,ITION 43 - COMMUNITY PARK LANDS
,ACT OF. 1986.
Council adopted RESOLUTION NO. 8530, supporting Proposition 43 - "Community Parklands Act of 1986".
I
~ I
8. AB 118545 - Supplement #I - LIBRARY SECURITY
SYSTEM.
council adopted RESOLUTION NO. 8531, accepting a
bid and authorizing the execution of a purchase
order for the purchase of Library Security System.
183
\ 8 &
0 MINUTES 0
May 6, 1986 Page 3
I I CONSENT CALENDAR: (continued) 1:::; 9. AB #8602 - TRAFFIC SIGNALS AT INTERSECTIONS OF
3EFFERSON, LAS FLORES AND LAGUNA.
I I
Council adopted RESOLUTION NO. 8532, approving
plans and specification& authorizing the City
Clerk to invite bids, and approve an agreement
with developer - Contract Nos. 3210 and 3211. I. IO. AB 88603 - OUT OF STATE TRAVEL REQUEST.
@) Council authorized the Manager of the Cultural
Arts Program to attend a National Assembly of
Local Arts Agencies Annual Conference in
Washington, D.C. in 3une, 1986.
(48) 11. AB 118604 - 3UNE BALLOT PROPOSITION 46 - GENERAL OBLIGATION- BOND. __r__
Council adopted RESOLUTION NO. 8533, in support of Proposition 46: Restoration of General
Obligation Bond Authority to voters.
(48) 12. AB 88605 - JUNE BALLOT PROPOSITION 49 - RESTORING
THE SPIRIT OF NON-PARTISANSHIP TO NON-PARTISAN
ELECTIONS.
I Council adopted RESOLUTION NO. 8534, in support of Proposition 49: Nonpa'rtisan Elections.
(48) 13. AB 118606 - 3UNE BALLOT PROPOSITION 51 - THE FAIR RESPONSIBILITY LAW.
Council adopted RESOLUTION NO. 8535, in support
of Proposition SI: The Fair Responsibility Act
of 1986.
(48) 14. AB /I8607 - 3UNE BALLOT PROPOSITION.47
-GUARANTEEING VEHICLE LICENSE FEE AS LOCAL
GOVERNMENT REVENUE SOURCE.
Council adopted RESOLUTION NO. 8536, in support
of Proposition 47: Guaranteeing the Vehicle
License Fee as a Local Government Revenue Source.
(40) IS. AB 88608 - MISCELLANEOUS- CITY PAINTING PR03ECT NO. 3~900T3.
Council adopted RESOLUTION NO. 8537, authorizing
the City Clerk to advertise for bids for
miscellaneous painting of City facilities. I (28) 16. AB f8609 - TRAVEL REQUEST.
Council authorized the Community Redevelopment
Manager to attend the National Association of Housing and Redevelopment Gfficials Annual
Conference in Tucson, Arizona.
1802
COUNCIL /p 3%'
MEMBERS % %
a MINUTES 0
(113)
(85)
(45)
(28)
(45)
(62)
(26)
(81)
(45)
(99)
(81)
(26)
(81)
\y 5
COUNCIL % 91
MEMBERS % % May 6, 1986 Page 4
CONSENT CALENDAR: (continued)
17. AB 88389 - Supplement #I, - SUPPLEMENTAL AGREEMENT - PACIFIC RIM COUNTRY CLUB.
Council adopted RESOLUTION NO. 8538, approving an
amended supplemental agreement between the City
of Carlsbad and Westec Services, Inc. for
preparation of an environmental impact report for
the Pacific Rim Country Club and Resort new
master plan and new development plan.
18. AB 118610 - AGREEMENT WITH BANK OF AMERICA - -c
REHABILITATION LOAN PROGRAM.
Council adopted RESOLUTION NO. 8539, approving an
agreement between the City of'carlsbad and the
Bank of America for servicing the City's Loan
Program.
19. AB #8611 - TAX REFORM BILL RE5TRICTING
REDEVELOPMENT TAX ALLOCATION BONDS.
Council adopted RESOLUTION NO. 8540, opposing
H .R. 3838 "Tax Reform Act of 1985".
20. AB f8542 - Supplement 112 - BATIQUITOS LAGOON
EDUCATIONAL PARK ASSESSMENT DISTRICT
UNDERWRITERS.
Council adopted RESOLUTION N0.-8541, selecting
Stone & Youngberg as the City's underwriter for
the Batiquitos Lagoon Educational Park Assessment
District.
21 . AB f8119 - Supplement #24 - AWARD OF CONTRACT FOR
METAL LOCKERS.
Council adopted RESOLUTION NO. 8542, accepting
the bid and authorizing the execution of Contract
No. 3006-7K metal lockers for the construction of
the Carlsbad Safety and Service Center.
22. h
TRACT 83-2, Unit 7.
Council adopted RESOLUTION NO. 8543, amending
Resolution No. 8212; and approved the Final Map
of Carlsbad Tract No. 83-2, Unit 7. i
I
23. AB 88483 - Supplement #2 - ACCEPTANCE OF A
PORTION OF JAMES DRIVE AND,BASSWOOD AVENUE.
Council adopted RESOLUTION NO. 8544, accepting a
grant deed and authorizina the payment for the
acquisition of the easement.
24. AB /I8612 - GRANT OF EASEMENT - STAGECOACH PARK.
Council adopted RESOLUTION NO. 8545, granting an
easement for public utility purposes.
10 #
0 MINUTES 0
COUNCIL Y$p % 94 d
May 6, 1986 Page 5 MEMBERS % %
CONSENT CALENDAR: (continued)
(81) 25. AB 88613 - ACCEPTANCE.OF EASEMENT - CARLSBAD
(99) TRACT 79-5.
Council adopted RESOLUTION NO. 8546, accepting a
grant deed conveying a water line easement over
the common space of CT 79-5 located north of La
Costa Avenue.
(81) 26. AB 58614 - QUIT CLAIM OF OFFER OF DEDICATION -- MS
(99) - 404.
Council adopted RESOLUTION NO. 8547, approving
quitclaim for streets and highway purposes.
ITEM WITHDRAWN FROM THE CONSENT ,CALENDAR:
(97) 27. AB 88453 - Supplement fl - AWARD OF CONTRACT FOR
(45) WASHINGTON STREET IMPROVEMENTS.
Council Member Kulchin asked for a time frame for
these improvements.
Roger Greer, Director of Utilities and Maintenance,
stated the timing will be known after the pre-
construction conference is held with the contractor.
Council adopted the following Resolution: Casler x~
Lewis X
RESOLUTION NO. 8548, ACCEPTING A BID AND AUTHORIZING Kulchin xx
THE EXECUTION OF A CONTRACT FOR WASHINGTON STREET X Pettine IMPROVEMENTS AND APPROPRIATING FUNDS.
X Chick
I
(80) PROCLAMATIONS:
Mayor Casler read a Proclamation proclaiming the month
of May, 1986, to be "BETTER HEARING AND SPEECH MONTH".
Maryann Mac Lellan, Speech Therapist, accepted the
Proclamation.
Mayor Casler read a Proclamation declaring the month
of May, 1986, as "AMERICANS FOR ENDING HUNGER MONTH".
Joyce Aimes of the Good Shepherd Assembly of God
Church accepted the Proclamation.
Mayor Casler read a Proclamation proclaiming the month
of May, 1986, to be "OLDER AMERICANS MONTH". The
Proclamation was accepted by Jeff Jones and Lloyd
Rochambeau.
ORDINANCES FOR ADOPTION:
(79) 28. AB #7099 - _Supplement #I7 -.ADOPTION OF NEW PUBLIC
FACILITIES FEE.
Council adopted the following Ordinance:
xx Kulchin ORDINANCE NO. 6078, AMENDING TITLE 5, CHAPTER 5.09 OF
X Lewis
X Casler
X Pettine SECTION 5.09.030 TO MODIFY THE AMOUNT OF THE BUSINESS
X Chick THE CARLSBAD MUNICIPAL CODE BY ME AMENDMENT OF
LICENSE TAX ON NEW CONSTRUCTION IN ORDER TO MAINTAIN
CONSISTENCY WITH CITY COUNCIL POLICY NO. 17.
J80
e MINUTES e
(
I
May 6, 1986 Page 6 COUNCIL \y % % MEMBERS % %
ORDINANCES FOR ADOPTION: (continued)
85) 29. AB f8260 - Supplement fl - TRAFFIC IMPACT FEE FOR
THE LA COSTA 'AREA.
Council adopted the following Ordinance:
X Pettine ESTABLISHING AN INTERIM TRAFFIC FEE FOR SOUTH EASTERN
X Chick MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.42
xx Kulchin ORDINANCE NO. 8107, AMENDING TITLE 18 OF THE CARLSBAD
X Lewis
X Casler
AREA OF CARLSBAD (LA COSTA AREA).
;102) 30. AB f.8532 - Supplement $1 - TRUCK ROUTES UPDATE OF
MUNICIPAL CODE.
Council adopted the following Ordinance:
X Pettine THE ADDITION OF SUBSECTIONS (i), (3) and (k)
X Chick SECTION 10.32.091 OF THE CARLSBAD MUNICIPAL CODE BY
xx Kulchin ORDINANCE NO. 3198, AMENDING TITLE 10, CHAPTER 10.32,
X Lewis
X Casler
DESIGNATING CERTAIN CITY STREETS AS TRUCK ROUTES.
PUBLIC HEARINGS: I
(26) 31. AB #8236 - Supplement f3 .- PARK DRIVE ASSESSMENT
DISTRICT.
Council continued this item to May 20, 1986. Casler
Lewis
x ;;
Kulchin
x Pettine
XI Chick
XI
(99) 32. AB a8427 _- Supplement f2 - INDUSTRIAL SUBDIVISION - CT. 85-24 - CARLSBAD RESEARCH CENTER - KOLL.
Council continued this item to May 13, 1986.
Kulchin
X Lewis
xx Casler
X Pettine
X Chick
X
(114) 33. AB 88615 - REVISIONS TO PARKING REQUIREMENTS -
ZCA- 187.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill.
Mayor Casler opened the Public Hearing at 6:30 p.m.,
and issued the' invitation to speak. Since no one
wished to speak on this item, the Public Hearing was
closed.
Council introduced the following Ordinance: Casler X
Lewis X
ORDINANCE-NO. 9804, AMENDING TITLE 21, OF THE CARLSBAD Kulchin xx
MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 21.18, Chick
X Pettine SECTION 21.18.045(e)(I); CHAPTER 21.21, SECTION
X
21.21.140(1); CHAPTER 21.37, SECTION 21.37.100(13);
CHAPTER 21.45, SECTION 21.45.090(d)(2); THE REPEAL OF
CHAPTER 21.24, SECTION 21.24.140; THE RECODIFICATION
OF CHAPTER 21.44, SECTION 21.44.010-21.44.110
INCLUSIVE AND 21.44.220-21.44.240 INCLUSIVE AS CHAPTER
21.53 AND BY THE REVISION OF CHAPTER 21.44 TO REVISE
AND CLARIFY THE CITY'S PARKING REQUIREMENTS.
179
- 7
e 0 MINUTES'
May 6, 1986 Page 7
~ ~ ~~~~~-
PUBLIC HEARINGS: (continued)
(26) 34. AB #8495 - Supplement 114 - PALOMAR AIRPORT ROAD
WEST ASSESSMENT DISTRICT.
Ray Patchett, Assistant City Manager, gave the initial
staff report, using a transparency to show the
Assessment District.
Warren Diven, Attorney with F. MacKenzie Brown, Rancho
Santa Fe, Special Counsel to the City, gave the legal
report, stating this was the first of two protest
hearings. He inquired of the City Clerk whether any
written correspondence had been received on this matter. The City Clerk replied two pieces of written
correspondence had been received regarding this hearing
tonight and copies had been distributed to Council
Members.
Norm Neste, Neste, Brudin & Stone, Inc., stated this
matter has been continued since March to meet with the
property owners and City staff. An investigation
report was filed on 3anuary 26, 1986. He stated the
original cost estimate was projected to be 5.1 mil.lion
dollars, and this has now been reduced to 4.13 million dollars. The primary reduction is due to the removal
of certain improvements that could be installed at a
later date. There has been a reduction in street lights and fire hydrants. Those would be installed as
the land adjacent to the roadway is developed.
The assessment spread was made on a front footage
basis. The property in Mello I1 Local Coastal Plan has
restricted use, and has approximately 2,500 feet
frontage on the north side of the road. Mr. Neste
stated this agricultural land is extremely difficult to assess. The Assessment Engineer recommended the City
advance the monies to pay for the assessment on that
2,500 foot frontage. If and when development begins on
that property, then the City could be reimbursed.
Ray Patchett explained the funding proposal as
contained in the Agenda Rill.
Mr. Neste stated the revised spread was in the packet
and the property owners were aware of the changes. Two
companies have withdrawn their protests by copies of
letters received from Huntington Beach Company and
Kelly Property.
Mayor Casler opened the Public Hearing at 7:15 p.m.,
and issued the invitation to speak, Those speaking
first would have submitted a written protest.
3erry Donaldson, representing Carltas Company, stated they are prepared to withdraw their protest, but only
after a reimbursement agreement is worked out.
Randy Hamud, Attorney representing Nazeah Aladray, 555
W. Beech Street, San Diego, stated although there had been a significant reduction in the proposed assessment, they had filed a written protest and would not withdraw that protest, He stated the impact on the
parcel would be significant and would reduce the acreage considerably. The parcel does not benefit from
the improvements, since there is no egress or ingress to Palomar Airport Road.
/78
-
COUNCIL /j 3 PA '
MEMBERS % %
- I
e MINUTES 0
May 6, 1986 Page 8
PUBLIC HEARINGS: (continued)
Bob Ladwig, Rick Engineering, stated he had delivered
a letter from Huntington Beach Company withdrawing
their protest of the debt limit report on Palomar
Airport Road West Assessment District based on the
revised assessments.
Mr. Neste stated there is now a 34.8% protest on
file.
Mr. Diven stated the two written withdrawals submitted
tonight are continaent on approval of the modified assessments requiring Council contribution. He stated
Council could either adopt the Resolution approving
the changes and modifications as described by Mr.
Neste; or direct staff to bring back a formal
resolution approving those changes and modifications
and continue the action on the other two Resolutions
until next week.
It was moved and seconded that Council continue the matter to the meeting of May 20, 1986 for return of all documents including the reimbursement agreement.
Council continued this item to May 20, 1986, for
return of all documents including the reimbursement
agreement.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(77) 35. AB 118616 - GROWTH MANAGEMENT PROGRAM.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill, explaining
this was a request for Council to formally adopt the
outline at this time. All details will come back
after the Ordinance has been prepared. There will be
Public Hearings before the Planning Commission and
City Council, with additional time for input on the
details of the program.
Mr. Holzmiller called attention to the written
comments included in the packet and stated Council was
not asked to make a decision on those recommendations
at this time. Staff is asking for direction to
proceed to put the program in more detailed format.
Mr. Holzmiller called attention to the five
recommendations contained on the face of the Agenda
Bill. He explained the reason for No. 5, which
stated: "Until the pilot program is finished and work
is completed on Zones 1-6, submittals for management
programs in other zones will not be accepted." Mr. Holzmiller stated this was a change in strategy from
what was stated originally. He felt this was the only
way staff could accomplish putting the program into
ordinance form. One program would be completed and
serve as the Pilot Program.
176
"
COUNCIL \p ?;o * % '
MEMBERS % $
Casler
X Pettine
X Chick
X Kulchin
X Lewis
xx
I
~ I
e 0 MINUTES
May 6, 1986 Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
In answer to a question regarding a workshop on this
program, City Manager Frank Aleshire stated he thought
it would be important for Council to have a workshop
to review the details before they were asked to act on
the Ordinance.
3ennifer Locke, 9404 Genesee f140, La 3olla, Harry L.
Sumners, Inc., expressed support for the intent of the
Growth Management Plan, but recommended hiring an
outside consultant to do the program for the entire
city.
games Leary, 11545 Sorrento Valley Road, Scripps
Memorial Hospital, suggested City Council direct staff
to continue working on the Scripps application filed
in October, prior to the Growth Management Program,
He urged Council to direct staff to include their zone
for consideration with Zones 1 through 6.
Ben Hillebrecht, 2170 Skyline Drive, Escondido, stated
they had owned their parcel since 1946. The property
is becoming a burden at this time, as they cannot
lease it for agriculture. He stated his objection to
Item No. 5, stating that until the work is completed on Zones 1-6 and the Pilot Program, submittals for
management programs would not be accepted. He felt
all other property owners in the City should be
treated the same.
Barry Bender, 3088 Pi0 Pico, Rick Engineering, stated
there are three public facility management programs
that have been officially submitted to the City at
this time. He felt the City should look at all
programs that have been submitted. He requested
Council return to the original specifications of
Ordinance No. 9791.
Bill Dykes, 3152 Redhill Ave, Costa Mesa, President of Homes by Polygon, stated they are in Zone No. 11.
They have submitted a phasing plan to the Planning
Department. He stated concern that the Resolution was
not in keeping with the original concept. This was
not an equitable approach and showed favoritism.
Staff had stated originally it would take 30 days to
get the Growth Management Program into operation, but
this did not happen. They also said that once
criteria was developed, the different zones could
prepare and submit phasing plans for review by
Council. The Planning Department has refused to
discuss the phasing plan they have submitted. He felt
the benefits to Rancho Santa Fe Road were important for the health, safety and welfare of the public and
should be processed, He felt there are a number of
other land owners that need final maps as well as
Sammis. He felt this was not an equitable decision.
17 5
7
COUNCIL \? % PA
MEMBERS % %
i
- 7
l
e MINUTES 0
May 6, 1986 Page 10
DEPARTMENTAL AND, CITY MANAGER REPORTS: (continued)
Dr. Maurice Rice, 411 Promontory Drive East, Newport
Beach, stated he was not a developer, but a landlord for the Rice property. They have been working for
nine years with Bob Ladwig of Rick Engineering to
achieve a development. Three years ago the property was annexed to the City. He stated they had looked
forward to, and suppported, the Growth Management
Program as prepared by staff until this recommendation
which included Item No. 5. He stated Item No. 5 would
severely impact his land and would negate any
reasonable expectation that a developer would be
interested in purchasing that land. He asked Council
to go back to the original Ordinance No. 9791 and
allow all tentative maps to proceed immediately. Dr.
Rice stated when the moratorium was put in place, it
was to allow staff time to review phasing plans. He
suggested Item No. 5 be deleted from the face of the
Agenda Bill and Council return to the original
Ordinance as approved on January 4, 1986.
Don Boortz, 610 Newport Center Drive, Newport Beach,
Christopher Homes, Inc., stated they are part of Zone
11, and -in Category 2, listed as "urbanizing". Their
plan was filed with the City on April 11, 1986. He
voiced his strong objection to adopting the Resolution
as proposed. This would create a financial hardship
on applicants who were attempting to get final maps in
good faith. He felt the moratorium was not in order,
inasmuch as once a tentative map has been approved,
the owner is entitled to a final map by complying with
the conditions imposed by the City at the time of the
tentative map. The City said management plans would
be considered as received, and this has not been done.
He said the immediate improvement of Rancho Santa Fe
Road should be a number one priority of the City. The immediate development of his clients property would be
the most logical method of resolving the Rancho Santa
Fe Road issue.
Charles 8. Christensen, 444 West C. Street, Suite 440,
San Diego, Vernon Savings and Loan, owner of property in Calavera Hills, stated they would be submitting a
phasing plan in the near future. He urged Council, in
accordance with the other comments made tonight, to follow through with the Ordinance as passed by the City Council. This would allow processing and
approval of all management plans.
John Brand, 5451 Oberlin Drive, San Diego, member of
John Lusk Company, spoke in opposition to their
property being listed as "future urbanizing". He wanted the record to show he had submitted a letter
dated April 7 to Mike Holzmiller. Additional copies of that letter were distributed to Council Members.
This property is the only undeveloped property left in
the old Occidental property. In reviewing staff's criteria for "urbanizing", he stated their property, as well as the zone itself, meets many, if not all, of
the five criteria for "urbanized".
~
I
174
T
COUNCIL /p ?$ yC
MEMBERS % %
0 MINUTES 0
May 6, 1986 Page 11
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Hap L'Heureux, President of Carlsbad Chamber of
Commerce, stated it was important to recognize the
tremendous task staff has completed. He felt an
additional temporary staff of consultants should be
retained. Mr. L'Heureux felt Item f5 could conceivably cause a continuation of the moratorium
past July. Council should proceed posthaste with
getting the program into place, and the only hope for
doing that is with additional help.
Mike Dudley, 1213 E. Manor Drive, El Cajon, representing SDG&E, spoke on specific boundaries of
categories and zones. He felt staff should be given
time to get the program in place. He could see there
might be problems in the zones where there are a lot
of individual property owners. He said it may be
impossible to have a management plan without a master
plan for each property within the zone. Clarification
was needed whether or not staff would accept general
plan criteria for identifying public facilities in
those zones. There should be time frames for staff to
proceed with management plans for Zones 1-6, to allow
other zones to plan for their management plans.
Thomas Smith, Attorney, 2303 Ocean Street, Co-Chairman
of Concerned Citizens, stated he had led the draft for the initiative and was speaking for Mr. Skotnicki
tonight. He expressed the opinion that the City's
proposed Growth Management Program would actually
promote growth. Mr. Smith said the word CCmay" was
used in the Ordinance and in the proposed Resolution.
This made the decision discretionary and it rests with
Council. He asked Council to endorse the Citizens' Initiative.
RECESS :
Mayor Casler declared a recess at 8:18 p.m., and
Council reconvened at 8:30 p.m., with all Members
present.
DEPARTMENTAL AND CITY MANAGER. REPORTS: (continued)
35. GROWTH MANAGEMENT PROGRAM. (continued)
Bill Schainker, Kelly Ranch, Kaufman & Broad, stated a
master plan was approved and submitted ten days after
the Growth Management Program was instituted. This was a simple plan, and they would like to go forward
with that plan.
Nicholas Banche, 810 Mission Avenue., Suite 201,
Oceanside, Carlsbad Land Investors, Cobblestone
Village Project, Zone 20, stated they were opposed to
the outline as submitted to Council, in particular to
recommendation #5.
199
\p 5
COUNCIL % %
-?
$ MEMBERS %
0 MINUTES 0
May 6, 1986 Page 12
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Mr. Banche stated it would be difficult to find land
not immediately adjacent to Category 1 land. When you
create categories two and three, arbitrarily, that is
not fair. He suggested Council adopt the outline by
adding something to Paragraph 5: "any category with
an approved map or plan is entitled to submit a
management plan and have it processed by staff,
together with any other plan".
3oe Sandy, 2892 3efferson Street, speaking on his own
behalf, stated the categories were the biggest problem
and caused the most comment. Mr. Sandy recommended
the role of the consultant be expanded to include a
review of the sub-area plans as submitted. This would
relieve staff pressure, control and facilitate review
of the plans. If a zone was deficient and needed to
be brought up to standard, this could be funded by a
sub-area review fee. The developers would pay a
deposit and that money would go to the review of that
plan.
3im Hicks, 2910 Managua Place, stated he had some
questions regarding the program itself. He supported
the idea of hiring a full-time consultant to work on
applications. He suggested the City could take
advantage of the landowners' knowledge and experience.
Mr. Hicks stated he did not support Item No. 5. He
thought everyone should be able to process and get the
moratorium lifted. The City of Carlsbad has all the
tools available to do what Council wants, and he felt
that the program should be implemented with what is
available, taking advantage of the tools that are in
place.
Ray Jenkins, 1151 Ave Esteban, Encinitas, stated staff
was on the right track. He stated his property is in
Zone 11, and he hoped Council would follow the plan
and not give preferential treatment to certain
property owners. Mr. Jenkins stated the schools are
crowded, and the highways are crowded, and this is a
step in the right direction.
3ack Barnes, 2934 Mountain View, Laguna Beach, Barnes
Corporation, stated Items 4 and 5 were not equitable
or fair. There are developments with tentative maps
in other areas that have been there prior to many of
the projects in Zones 1-6. He stated an equitable
arrangement would be to make a review in accordance
with the time or the establishment of the tentative
map.
Steve Bieri, 11300 Sorrento Valley Road, Suite 101,
Bieri/Avis, recommended Item No. 5 be deleted. He
felt the plans should be processed in the ordered
received and a clarification given on how to move from
"future urbanizing" to "urbanized". He was concerned it would take 60-90 days to complete the work on Zones
1-6. He stated developers would be willing to
contribute people toward the manpower shortage in the City.
/?a,
7
COUNCIL y$ % %
MEMBERS % $
0 MINUTES 0
May 6, 1986 Page 13
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Tim Roberts, 6994 El Camino Real, La Costa Ranch
Company, stated he would like to discuss the program
as it relates to the La Costa area. Circulation
problem improvements from El Camino Real to 1-5 and
Rancho Santa Fe from Olivenhain to Melrose are needed
immediately. These projects would be delayed by the
Agenda Bill before Council tonight. He recommended a
change to designate the area adjacent to Rancho Santa
Fe Road and Stagecoach Park as an infill area and include it in Zones 1-6.
Frank Mola, 6994 El Camino Real, La Costa Ranch
Company, stated that tentative maps are phasing plans.
Tentative maps are conditioned so they supply the
needed infrastructure for that project, as well as for
the community in general. To keep forcing developers to go through additional phasing plans is not fair.
People with tentative maps need clear definition as to
when the moratorium will end. Mr. Mola stated Council
owes it to everyone to have an absolute date for the
moratorium to end. He stressed there should be
fairness for everyone.
Bob Ladwig, 3088 Pi0 Pico, Rick Engineering, stated he
supported the suggestion that the consultants'
services be expanded to help staff implement the
program.
Mr. Ladwig stated Item No. 5 needed to be deleted. He
asked Council to return to Ordinance No. 9791 that
allowed people to process plans. To include only the
review of plans for Zones 1-6 would delay improvements
that would benefit the people here tonight.
Council discussed staff's proposal and commented on
approving all five recommended actions as well as
possibly deleting the fifth action.
Council Member Pettine moved adoption of Resolution No. 8549, approving all five recommended actions,
Council Member Lewis seconded the motion.
Mayor Casler made a motion to amend the original
motion to delete Item No. 5 from consideration. The
motion to amend received a second.
Mike Holzmiller stated it was a workload problem. If
Council felt should be reviewing programs for other
zones, and they wanted staff to come up with some
alternative strategy, they would rather do that. There has been a lot of time spent on programs to be submitted and that is why staff decided to give priority to Zones 1-6. This work is a second
priority, with the first being the Citizens Committee recommendations,
17 I
-
COUNCIL /p (% % '
MEMBERS % %
1
I
I
0 MINUTES e
May 6, 1986 Page 14
DEPARTMENTAL, AND, CITY MANAGER REPORTS: (continued)
Mike Holzmiller said staff felt in terms of getting
the program done by July 20th, inclusion of Item No.
5 would be the best strategy for staff to follow. The
Sammis plan was the first one submitted and the other
plans did not cover the areas that staff wished
covered. However, if a different strategy is
preferred by Council, Mr. Holzmiller stated staff
would meet with the City Manager and come back with a
new strategy.
Council deleted Recommended Action No. 5 shown on the
Agenda Bill.
Mike Holzmiller stated staff would need to return with a plan on how to allow people to submit management
programs and staff to review.
Council adopted the following Resolution as amended:
RESOLUTION NO. 8549, DIRECTING STAFF TO PROCEED WITH
THE GROWTH MANAGEMENT PROGRAM AS OUTLINED, AUTHORIZING
FUNDING OF THE PROGRAM, AND TRANSFER OF FUNDS, with
the deletion of Item No. 5: "Until the Pilot Program is finished and work is completed on Zones 1-6,
submittals for management programs in other zones will
not be accepted".
City Manager Frank Aleshire stated today's meeting was
to discuss the skeleton of the program and was not the final version. There would be an all-day session on
Friday and the details will be worked out at that
time. Staff is trying to identify projects and how
many projects or building permits will be requested
during the next six months. They are going to review
the boundaries of the districts and work over the
procedures set up. The hiring of additional staff and
consultants will be discussed. There was good guidance given tonight, and this item will come back
to Council in two or three weeks for a workshop to go
over the details. It was a significant issue to have
deleted Item No. 5, Staff will not be able to deal
with Items No. 1-4, if they spend much of their daily
time talking about phasing programs.
City Attorney Vincent Biondo outlined the schedule
necessary for Council to have the program in place by
3uly 20, 1986.
(28) 36. AB #I8617 - BEACH EROSION COMMITTEE REPORT.
Mario Monroy, Committee Chairman, gave the report from
the Beach Erosion Committee in the Agenda Bill.
Council received the final report from the Beach
Erosion Committee and directed staff to come back with information and recommendations for implementation of
the proposal.
I30
COUNCIL /p % 9& *
MEMBERS % $
Casler
Pettine
X Chick
X Kulchin
Lewis
xx
Casler
xx Pettine
X Chick
X Kulchin
X Lewis
X
i
Casler
X Pettine
X Chick
X Kulchin
X Lewis
xx
a MINUTES e
May 6, 1986 Page 15
(
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
87) 37. MEMORANDUM FROM COUNCIL MEMBER PETTINE.
Council Member Pettine stated Mike Holzmiller had a
presentation to make regarding the three projects
south of Olivenhain Road. A transparency was used to
show the area. This item is before the Board of
Supervisors and two parcels have been approved for
density increases, based upon mitigation of traffic
concerns and flood plain concern. Council Member
Pettine requested Council take a position on this
i tem .
Mike Holzmiller, Planning Director, stated he had
written to Steve Knowles, Project Planner for the
County, regarding Scotts Valley, GPA 85-03. Copies of Mr. Holzmiller's letters to Mr. Knowles were attached
to the Agenda Bill.
Council consensus was the City of Carlsbad should be
represented at the next day.
Council Member Pettine asked Council to adopt a
Resolution asking the County Board of Supervisors, on
behalf of the City of Carlsbad, to delay action on the
proposed GPA until traffic matters can be successfully
mitigated.
Council determined to adopt a Resolution asking the
County Board of Supervisors, on behalf of the City of
Carlsbad to delay action on the proposed GPA until the
traffic matters can be successfully mitigated.
ADJOURNMENT:
By proper motion, the Meeting of May 6, 1986, was
adjourned at 10:30 p.m.
Respectfully submitted,
WAC-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
HB: tc
14 9
-
COUNCIL /p %pL.
MEMBERS % %
Casler
Lewis
xx Pettine
Chick
X Kulchin
X
~