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HomeMy WebLinkAbout1986-05-20; City Council; Minutes0 MINUTES 0 Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: May 20, 1986 Place of Meeting: City Council Chambers ~~ ~~~~ ~ ~~ 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. INVOCATION was given by Mayor Casler. PLEDGE OF ALLEGIANCE was led by Council Member Chick. APPROVAL OF MINUTES: Minutes of the Regular Meeting held April 22, 1986, ' were approved as presented. PRESENTATIONS: (80) Mayor Casler read a Proclamation declaring the week of May 26-3une 1, 1986, "Chiropractic Wellness Week". Anthony Publico, of Beach Cities Chiropractic accepted the Proclamation. (100) Mark Nelson, Executive Director of San Diego Taxpayers Association, referred to a report on Government Finances previously presented to Council Members, and gave a brief overview of the report. Bud Porter, County Board of Realtors, continued with the presentation by quoting some specific findings about the City as contained in the report. CONSENT CALENDAR: Mayor Casler announced the City Manager had requested Item No. 8 be withdrawn from the Consent Calendar and continued for two weeks. Council Member Chick requested Items No. 6, 7 and 11 be withdrawn from the Consent Calendar. Council Member Pettine requested the minutes reflect a negative vote for him on Item No. IO. Council affirmed the action of the Consent Calendar, with the exception of Items No. 6, 7, 8 and 11, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (62) 1. AB #8627 - SUPPORT AB 2961. Council authorized staff to send a letter in support of Assembly Bill 2961. dOA 7 \p 5 COUNCIL % 9A' MEMBERS % 4 Casler Lewis Kulchin Chick x: Pettine Casler Lewis Kulchin Chick X Pettine L MINUTES e May 20, 1986 Page 2 CONSENT CALENDAR: (84) 2. AB 88628 - PURCHASE OF SEVEN GANG LAWN MOWER. Council adopted RESOLUTION NO. 8560, accepting a bid and authorizing the execution of a purchase order for the purchase of a seven gang lawn mower. (27) 3. AB f8629 - AUDIT AGREEMENT - 1985-86 ANNUAL AUDIT. (45 1 Coucil adopted RESOLUTION NO. 8561, authorizing the City to enter into an agreement with Deloitte Haskins & Sells for audit services related to the 1985-86 Financial Statements and Single Audit of Federal Programs. (113) 4. AB 88555 - S.upp1ement f1 - APPROVAL OF AGREEMENT (81) (45) FOR ACQUISITION OF STREET EASEMENTS - SDP 84-5.- Council adopted RESOLUTION NO. 8562, approving an agreement for the acquisition of street easements for the extension of Palmer Way. (95) 5. AB 118433 - Supplement #2 - 1985-86. CURB, GUTTER (45) AND SIDEWALK REPLACEMENT PROGRAM. Council accepted the work as complete and directed the City Clerk to record the Notice of Completion and release bonds appropriately. (81) 6. AB %8119 - Supplement 826 - CONTRACT FOR (45) LANDSCAPING AT THE CARLSBAD SAFETY AND SERVICE CENTER. This item was withdrawn from the Consent Calendar. (100) 7. AB 88630 - LOCAL SALES TAX MEASURE. This item was withdrawn from the Consent Calendar. (99) 8. AB %8179 - Supplement 83 - FINAL MAP - CARLSBAD TRACT 85-5. This item was withdrawn from the Consent Calendar for two weeks. (26) 9. AB #8496 - Supplement #2 - APPIAN ROAD - PROJECT (81) NO. 3167. (97) .. Council adopted RESOLUTION NO. 8564, approving plans and specifications and authorizing the City Clerk to invite bids for the construction of Appian Road - Contract No. 3167; and Council adopted RESOLUTION NO. 8565, accepting a grant deed for a temporary slope construction easement; and Council adopted RESOLUTION NO. 8566, accepting a grant deed for road purposes for a portion of Appian Road. Council adopted RESOLUTION NO. 8566, accepting a grant deed for road purposes for a portion of Appian Road. 205 -r COUNCIL /v % ?i MEMBERS % <s I - - 0 MINUTES 0 (74) (45 1 (97) (45) (44) (81) (45 1 (100) (99) May 20, 1986 Page 3 CONSENT CALENDAR: (continued) 10. AB 88631 - PROFESSIONAL SERVICE AGREEMENT FOR RECRUITMENT OF CITY ENGINEER. ~ ~~ -~~" ~~ ~ ~ Council approved an agreement with Hughes Heiss & Associates, Inc., for the purpose of recruiting a City Engineer, and appropriating funds. 11. AB f8477 - Supplement #2 - REVISED CONSULTANT AGREEMENT FOR DESIGN OF LA COSTA AVENUE WIDENING. This item was withdrawn from the Consent Calendar. ITEMS WITHDRAWN FROM THE CONSENT CALENDAR: ~~ 6. AB #8119 - Supplement #26 - CONTRACT, FOR LANDSCAPING AT THE CARLSBAD SAFETY AND SERVICE CENTER'. " Council Member Chick requested this item be withdrawn from the Consent Calendar to inquire whether the quality of the landscaping was reduced. Mike Brooks, Administrative Assistant, responded noting the size of trees was reduced, but the quality of the landscaping was not changed. Council adopted the following Resolution: RESOLUTION NO. 8563, ACCEPTING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE LANDSCAPING OF THE CARLSBAD SAFETY AND SERVICE CENTER. 7. AB a8630 - LOCAL SALES TAX MEASURE. Council Member Chick stated he had requested this item be withdrawn from the Consent Calendar to indicate he has strong opposition to the manner in which this is being handled. He expressed concern about establishing SANDAG as a tax setting agency. He stated this would represent 20 cents a gallon increase in taxes. Bill Tuomi, SANDAG, responded that the purpose is to put the matter before the voters. Additionally, the information regarding actual cost is currently available. Council instructed the Mayor as SANDAG Director to support a 1/2% sales tax increase for local transportation improvements. 8. AB C8179 - Supplement #3 - FINAL MAP - CARLSBAD TRACT 85-5. This item was withdrawn and continued for two weeks. JOY COUNCIL /p % % MEMBERS % % Pettine Casler Lewis X X Pettine xx Chick X Kulchin X Casler Lewis X X Pettine X Chick xx Kulchin X - (97) (45) (44) (99) (67) 0 MINUTES 0 May 20, 1986 Page 4 ~~ ITEMS WITHDRAWN.FROM THE CONSENT CALENDAR: (continued) 11. AB 118477 - Supplement 82 - REVISED CONSULTANT AGREEMENT FOR DESIGN OF LA COSTA AVENUE ~ ~~ WIDENING. Council Member Chick requested this item be withdrawn from the Consent Calendar to inquire whether the design for La Costa widening had been completed. Richard Allen, Engineering, stated the design of the intersection at El Camino Real and La Costa Avenue has been completed. In answer to Council Member Chick's question whether other property owners had been contacted, Mr. Allen stated the property owners had held a joint meeting with the agencies involved. The environmental documents have been completed and are being reviewed by them. Council adopted the following Resolution: RESOLUTION NO. 8567, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE CONSULTANT AGREEMENT FOR THE DESIGN OF THE LA COSTA WIDENING AND THE LA COSTA/I-5 INTERSECTION IMPROVEMENTS TO INCREASE THE PAYMENT TO THE CONSULTANT. ORDINANCES FOR ADOPTION: 12. AB f8623 - AMENDMENT TO THE MUNICIPAL CODE TO IMPLEMENT AMENDMENTS TO THE SUBDIVISION MAP ACT. Council adopted the following Ordinance: ORDINANCE NO. 9806, AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO IMPLEMENT CHANGES MADE TO THE SUBDIVISION MAP ACT DURING THE 1985 LEGISLATIVE SESSION. 13. AB !I8624 - TECHNICAL CHANGES TO ZONING ORDINANCE. Council adopted the following Ordinance: ORDINANCE NO. 9807, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTERS 21.04 AND 21.54 TO MAKE A TECHNICAL AMENDMENT TO THE ZONING ORDINANCE BECAUSE OF THE CHANGE OF TITLE FROM LAND USE PLANNING MANAGER TO PLANNING DIRECTOR AND TO ESTABLISH AN APPEAL PROCEDURE FOR PLANNING DIRECTOR DECISIONS. 203 \y 5 COUNCIL % % MEMBERS % $ Casler x Pettine XJ Chick 8 Kulchin 3 Lewis 3 Casler X Pettine X Chick xx Kulchin X Lewis X Casler X Pettine X Chick xx Kulchin X Lewis X (26) (26) o MINUTES 0 \y 5 COUNCIL % % May 20, 1986 Page 5 MEMBERS % % PUBLIC HEARINGS: 14. AB f8495 - Supplement #I5 - PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT. City Manager Frank Aleshire requested continuance of the item to 3une 3, 1986, to allow additional time to get a signed reimbursement agreement from the Ecke property. Council continued the public hearing on the Palomar Casler X Airport Road West Assessment District to 3une 3, Lewis 1986. Kulchin Chick Pettine 15. AB /I8236 - Supplement #4 - PARK DRIVE SPECIAL ASSESSMENT-DISTRICT NO. 86-4. Ray Patchett, Assistant City Manager, gave the initial report on this item, using a transparency to show the boundary of the Assessment District. Warren Diven, F. MacKenzie Brown, Special Counsel to the City, continued the report explaining the background of the project, the purpose of the hearing, and options available. Mr. Patchett continued with the report detailing two ways of reducing costs as contained in the Agenda Bill. Bob Sergeant, Willdan, explained the proposed project. He added that the assessment spread had been made on a front footage basis consistent with the property owner’s improvement agreements. Mr. Patchett explained the options available to Council. He recommended that Council proceed with the district, and if the owners can complete a substantial amount of the work during the time the City receives the construction bids, the bids can be rejected and district proceedings stopped. Mayor Casler opened the Public Hearing at 6:47 p.m., and issued the invitation to speak. Ray Spangler, 3774 Skyline Drive, addressed Council explaining problems he has experienced with the Coastal Commission and the City in attempts to develop his property. He stated he could not put any money into the road improvements unless he had assurances he could develop his property. He requested that the City either fund the street improvements or postpone them. 20 1 I ~ I MINUTES e May 20, 1986 Page 6 PUBLIC HEARINGS: (continued) Valorie Alvord, 4602 Park Drive, addressed Council stating the owners want to install the improvements themselves; however, the problem is with the group. She stated they had asked the City to detach Mr. Spangler from the group and let the rest proceed. She stated there is no reason for the City to incur any more expenses. Work could be started within two weeks and the property owners intend to install those improvements as quickly as possible. Joe Wilson, 4816 Avila, owner of parcel 4 and 7, addressed Council stating the traffic problem in that area is not the fault of the property owners. Also, they have nothing to do with Bristol Cove needing parking. He felt they were being asked to take care of someone elses responsibility as far as the problems were concerned. He opposed the assessment and stated the City should pay for the retaining wall and the street lights, and the property owners would do the rest. Mr. Hirshberg, 4607 Park Drive, stated this is a much needed improvement and should be done as soon as possible. Thomas Frye, 1840 East Point, stated he saw no reason to continue this item any longer or discuss this matter any further. He stated the hardships and money problems have been heard for four years from the property owners and he was against deferring this project any longer since it is needed now. Archie Hicks, 1831 Valencia Avenue, expressed concern about reducing the number of street lights. He requested all of the street lights be installed and the City should fund the installation of the additional three street lights. He stated there is a lot of foot traffic in that area and the street lights are needed. Marion Lefferdink, 4576 Cove Drive, concurred with the need for street lights in that area. She stated this item had been continued for four years and it is now time to install the improvements. She also stated the retaining wall must be installed to help the siltation problem. Hank Litten, 7108 Santa Barbara, stated if the problems of six property owners can not be solved, he wonders how the problems of all of the 25 zones in the public facilities phasing program could be solved. 3eff Brusoe, 4607 Park Drive, Unit A, asked Council to go forward with the Assessment District. Since no one else wished to speak on this item, the Public Hearing was closed at 7:18 p.m. 201 c \p 5 COUNCIL % % MEMBERS % $ 0 MINUTES 0 (99) COUNCIL \v ?3 9L- May 20, 1986 Page 7 MEMBERS % % PUBLIC HEARINGS: (continued) Council comments reflected the need for the full improvements. Council also agreed that the additional three lights should be installed at City cost. Council adopted the following Resolution: Casler Lewis RESOLUTION NO. 8521, MAKING FINDINGS AT PUBLIC HEARING Kulchin PURSUANT TO CHAPTER 27 OF THE "IMPROVEMENT ACT OF Chick 1911"; amended to include the installation of three Pettine X lights to be funded by the City; and amended to reflect the modified design of the retaining wall. 16. AB f8632 - TENTATIVE MAP AND LA COSTA DEVELOPMENT PERMIT - CT 85-21/LCDP 85-3 - PARK VIEW EAST. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the site. Mr. Grimm called attention to the changes contained in the memorandum from the Planning Director including all recent policy changes adopted by Council. Additionally, condition No. 28 should be deleted, since it refers to the traffic impact fee, and is no longer needed. Mayor Casler opened the Public Hearing at 7:30 p.m., and issued the invitation to speak. Mike Ryan, 6994 El Camino Real, Suite. 208, stated the only issue had been traffic in La Costa. Mr. Ryan stated this had been a good project and it meets and exceeds all standards of the City. An additional park was provided although this project was adjacent to a park. Mr. Ryan stated he would like to reinforce one point, and that was they could not pull building permits until they have submitted a phasing plan for staff review and City Council approval. He requested approval. Since no one else wished to speak on this item, the Public Hearing was closed at 7:36 p.m. Council Member Pettine stated he would vote in the negative on this project. Not on the merits of the project itself, but because of the public facilities issue. The public facilities should be concurrent with the need and that is not the situation in the La Costa area. He stated he had difficulty approving any more projects in La Costa, particularly until Rancho Santa Fe Road is up to standards and La Costa Avenue has been improved. Council directed the City Attorney's Office to prepare Condition No. 28. Pettine Planning Director dated May 7, 1986 and delete X Chick the changes presented in the memorandum from the xx Kulchin Council directed the City Attorney's Office to include X Lewis documents approving CT 85-21/LCDP 85-3. In addition, X Casler e MINUTES e May 20, 1986 Page 8 ~ ~~ ~~ ~~ ~~~ PUBLIC HEARINGS: (continued) (99) 17, AB #8633 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 85-10/PUDz81 - RICE PROPERTY. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the site. He referenced the memorandum from the Planning Director to the City Council with the additional conditions. Mayor Casler opened the Public Hearing at 7:49 p.m., and issued the invitation to speak. Bob Ladwig, Rick Engineering, representing Dr. Rice, stated they agreed with the conditions of approval and the additional conditions as listed in the memorandum. This clarifies not being able to get building permits until a management plan has been approved by Council. This project must comply with the phasing plan adopted by the Council. Mr. Ladwig requested Condition No. 33, regarding the grading, be deleted. He stated the grading has been done and all mitigation requirements have been met. Dr. Rice hired a contractor and a plan was prepared and signed by the City Engineer. With the exception of a small area that has been too wet to work, the work has been completed. Staff has a cash deposit in an amount to complete that area when that property dries out. Mr. Ladwig concluded stating Dr. Rice understood he could not record the map or pull building permits until the phasing plan had been approved by the City Council. Kathy Porterfield, 1503 Avenida Laposta, Encinitas, addressed Council stating their street will connect with Street "A" from the Rice project. She stated the County has a policy against disecting communities with major roads. Therefore, Avenida Laposta will be impacted by all the homes between Rancho Santa Fe Road, El Camino Real, and Encinitas Boulevard. She noted she represents the committee to close Avenida Laposta and explained their efforts with the County. Mrs. Porterfield asked Council to consider the dangerous traffic situation created on their street with the through traffic and to consider offsetting the street out of the Rice property to direct that traffic elsewhere. Bill Steffan, 1085 Rancho Santa Fe Road, Olivenhain, addressed Council, stating his dissatisfaction with the erosion control measures. He stated he was unhappy with the lack of attention given to the damage already created by Dr. Rice's property. He asked Council to withhold permission to continue with this project until the repairs have been made to his property. He again stated his opposition to the deletion of Condition 33. In answer to query, staff stated the Engineering Department had determined that some of the damage was from the Rice property. \s9 - COUNCIL /$ % % MEMBERS % $ - - o MINUTES 0 May 20, 1986 Page 9 PUBLIC HEARINGS: (continued) Rebbeca Sheets, 1350 Desert Rose Way, Olivenhain, stated her concern with the lot size on the south east corner of this project and drainage. She expressed the opinion that the project is not compatible with the project to the south. Don Wakefield, 741 Carolyn Street, stated his concern with the traffic circulation. This project will impact the surrounding roads. The traffic impact fee study said there would be problems at La Costa Avenue and El Camino Real at the buildout of the master plan. Bob Ladwig, speaking in rebuttle, used the map to show that perhaps there is a problem in the County and the street situation should be checked into as far as tying into Avenida Laposta. He did state it was the thought that if the two were not in alignment there would be more problems. As far as lot size, Mr. Ladwig stated the southeastern corner has larger lots. As far as the drainage and siltation, Mr. Ladwig stated the Engineering Department had met with the contractor and looked at the problem and there was some water from Dr. Rice's property but the largest contributor was from the County development adjacent to this area. Since no one else wished to speak on this item the Public Hearing was closed at 8:36 p.m. In answer to query, Mr. Grirnm stated they had received differing opinions from the County staff concerning whether the street should be aligned or not. City Manager Frank Aleshire stated on the staff report it was stated a Negative Declaration was to be adopted and on the second page reference is made to an EIR. Mr. Grimm stated the prior compliance is correct. The Negative Declaration was an error. Mayor Casler inquired why "A" street should not be offset, and staff replied if it were offset, it would not meet the City intersection spacing standards if it were closer to Olivenhain, and the riparian area would also be impacted. Mayor Casler made a motion to have the City Attorney prepare documents proving CT 85-IOIPUD-81, including changes in the memorandum from the Planning Director dated May 7, 1986 and deleting Condition No. 33. Council Member Chick seconded the motion. After discussion, and consent of the second, the motion was withdrawn. Mr. Ladwig agreed to continue this item to resolve the traffic issue. Council continued this item for 30 days for the applicant to work with staff to solve the traffic problem with alignment of street A. \% - COUNCIL y % % MEMBERS % 9 Casler Kulchin X Lewis xx X Pettine X Chick X m MINUTES 0 (26) (45) (70) (45) May 20, 1986 Page 10 COUNCIL \v % 9 % MEMBERS % % RECESS : Mayor Casler declared a Recess at 8:51 p.m., and Council reconvened at 9:04 p.m., with four Members present and Council Member Chick absent. Mayor Casler announced Council Member Chick was ill and had left the meeting. DEPARTMENTAL AND CITY MANAGER REPORTS: 18. AB #8568 - Supplement #I - RANCHO SANTA FE ROAD ASSESSMENT DISTRICT NO. 86-5 PRELIMINARY CONSULTANT SERVICES. Assistant City Manager Ray Patchett gave the staff report on this item as contained in the Agenda Bill. Tim Roberts, La Costa Ranch Company, stated with all of their holdings in La Costa, they were the largest land holders in Carlsbad. He stated they shared the concerns that traffic systems must be provided along with public facilities prior to or concurrent with development. They will fund the full cost for the alignment and they have met with the residents to discuss the alignment. A location map was used to show the area of Rancho Santa Fe Road to be improved. The proposed alignment would be away from the homes, if appropriate. This improvement would be from La Costa Avenue to Melrose only. They are starting to proceed with the improvement out of their own funds from Olivenhain to La Costa immediately. Mision Estancia has been completed around Stagecoach Park and they are proceeding with the south section of Rancho Santa Fe Road. The traffic problems are being mitigated in La Costa. Council adopted the following Resolution: Casler xx Lewis X RESOLUTION NO. 8568, MAKING FINDINGS ON PETITION AND Kulchin X APPROVING AGREEMENTS. Pettine X 19. AB 18484 - Supplement #I - CARLSBAD BOULEVARD SEAWALL DESIGN ALTERNATIVES. Assistant City Manager Frank Mannen gave the staff report on this item as contained in the Agenda Bill. Mr. Louis Lee, Woodward-Clyde Consultants, 3467 Curt Street, San Diego, gave the report on the Carlsbad Seawall using a transparency to show the area and wall maps indicating the type of seawall proposed and an aerial photograph indicating the coastline in the area involved in the seawall proposal. He explained the process to date, and the preliminary design recommended. Council discussion reflecting the desire to include in the project the walkway on the top of the bluff along Carlsbad Boulevard. 19 3 * e MINUTES 0 I May 20, 1986 Page 11 ~ DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Copies of the proposed costs for the seawall were distributed to the Council Members. Council directed staff to prepare and submit a grant application, for the seawall project to the Coastal Conservancy in accordance with the list and request funding in the amount of $550,000. Council approved the recommended preliminary design of the Carlsbad Boulevard Seawall and authorized staff to proceed with the final design. (70) 20. AB #\8634 - BUENA VISTA LAGOON WATERSHED SEDIMENT CONTROL PLAN. i Tim Johnson, Engineering Department, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 8569, ADOPTING THE BUENA VISTA LAGOON WATERSHED SEDIMENT CONTROL PLAN, amended to deleted Section 2. ~ ~ (28) 21. AB 1,8617 - Supplement 111 - IMPLEMENTATION OF BEACh EROSION COMMITTEE REPORT. Mike Brooks, Administrative Assistant, gave the staff report as contained in the Agenda Bill. Council adopted the recommendations directing staff and/or the BEACh Erosion Committee to implement: the proposals contained in the Agenda Bill. (28) 22. AB f8635 - SENIOR CITIZEN COMMISSION APPOINTMENT. Council Member Kulchin recommended Linwood 3. Van be appointed to the Senior Citizen Commission. Council adopted the following Resolution: RESOLUTION NO. 8570, APPOINTING LINWOOD 3. VAN TO THE SENIOR CITIZEN COMMISSION. AD30URNMENT: By proper motion the Meeting of May 20, 1986, was adjourned at 1O:OO p.m. Respectfully submitted, mip&- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB: tc I 9 (07 - COUNCIL IF 3 % MEMBERS % 9 Casler x Lewis xx 1 Pettine x Kulchin Casler x1 Lewis r Kulchin 1 Pettine r Casler X Lewis xx X Pettine X Kulchin Casler X Lewis X X Pettine xx Kulchin Casler X Lewis xx X Pettine X Kulchin ~ I