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Home My WebLink About1986-06-24; City Council; Minutes0 MINUTES e (50) (50) (60) (81) (60) Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: 3une 24, 1986 /Q( Place of Meeting: City Council Chambers COUNCIL %pL' MEMBERS % % CALL TO ORDER: Mayor Casler called the Meeting to order at 6:02 p.m. ROLL CALL was taken by the City Clerk, as follows: Present - Council Members Casler, Lewis, Kulchin, Chick and Pettine. Absent - None. APPROVAL OF MINUTES: (one motion) The Minutes of the Regular Meeting held June IO, 1986, Casler X Pettine 11 , 1986 , were approved as presented. X Chick The Minutes of the Adjourned Regular Meeting held June xx Kulchin X Lewis were approved as presented. X CONSENT CALENDAR: Council affirmed the action of the Consent Calendar Casler X as follows: Lewis X Mulchin X Chick xx Pettine X WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB 118668 - RATIFICATION OF DEMANDS AGAINST THE CITY. Council ratified the payment of demands against the City in the amount of $6,340,579.22 for the period 5-2-86 to 6-6-86; payroll demands in the amount of $881,300.19 for the period 5-4-86 to 6- 1-86; and Housing demands in the amount of $95,644.50 for the period 5-2-86 to 6-6-86. - 2. AB 118669 - REFUND OF FEES. Council approved the refund of $1,552.46 to Valley Grading for overpayment of fees. 3. AB 117657 - Supplement f4 - PREMIUM PAYMENT FOR EXCESS LIABILITY INSURANCE. Council adopted RESOLUTION NO. 8618, authorizing payment of premium for excess liability insurance. 4. AB W8670 - QUITCLAIM OF RIGHTS OF ACCESS TO LOKER AVENUE. Council adopted RESOLUTION NO. 8619, accepting quitclaim of access rights to Loker Avenue. 5. AB 117059 - Supplement 112 - RENEWAL OF EXCESS WORKERS' COMPENSATION INSURANCE. Council adopted RESOLUTION NO. 8620, authorizing renewal of the City's Excess Workers' Compensation Insurance. 257 - a MINUTES 0 @LOO 3une 24, 1986 Page 2 CONSENT CALENDAR: (continued) (99) 6. AB #7149 - Supplement 85 - ACCEPTANCE OF PUBLIC IMPROVEMENT FOR TELESCOPE POINT - CT 82-5A. Council accepted the improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Departments to commence maintaining the public streets and sewer lines associated with Carlsbad Tract 82-5A. (99) 7. AB 84053 - Supplement 810 - ACCEPTANCE OF PUBLIC IMPROVEMENTS OF PALISADES POINT, UNIT 1 - CT 76-15. Council accepted the improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Departments to commence maintaining the public streets and sewer lines associated with Carlsbad Tract 76-15, Unit 1. (81) 8. A5 88671 - TELEPHONE COMPANY EASEMENT FOR CARLSBAD SAFETY AND SERVICE CENTER. Council adopted RESOLUTION NO. 8621, dedicating an easement for telephone service on portions of Orion Way, Orion Street and Impala Drive at the Carlsbad Safety and Service Center. (62) 9. AB /I8672 - ILLEGAL IMMIGRANTS. Council endorsed the proposal outlined in Supervisor Golding's letter of 3une 11, 1986, concerning cost recovery for the provision of County services to illegal immigrants, and authorized the Mayor to send a letter of support. (26) IO. AB #a249 - Supplement 86 - COLLEGE BOULEVARD (45) ASSESSMENT DISTRICT PAYING AGENT AGREEMENT. Council adopted RESOLUTION NO. 8622, appointing paying agent , registrar and transfer agent for purposes of servicing certain assessment bonds. 256 c COUNCIL /j 3 9C ' MEMBERS % $ - MINUTES 0 3une 24, 1986 Page 3 I I I CONSENT CALENDAR: (continued) (26) 11. AB 88249 - Supplement 87 - AWARD OF CONTRACT FOR (45) COLLEGE BOULEVARD ASSESSMENT DISTRICT. Council adopted RESOLUTION NO. 8623, ordering changes and modifications in proceedings and assessments in a special assessment district pursuant to the "Municipal Improvement Act of 1913"; and Council adopted RESOLUTION NO. 8624, awarding the contract for the construction of certain public works of improvement in a special assessment district; and Council adopted RESOLUTION NO. 8625, approving an agreement between the City of Carlsbad and Neste, Brudin and Stone for the project management, soils engineering and inspection of College Boulevard Contract No. 3188; and Council adopted RESOLUTION NO. 8626, approving an agreement between the City of Carlsbad and Paleo Services; and Council adopted RESOLUTION NO. 8627, approving an agreement between the City of Carlsbad and Pacific Bell for trenching and conduit installation on College Boulevard; and Council adopted RESOLUTION NO. 8628, approving payment of $67,941.00 to San Diego Gas and Electric Co. for trenching and gas and electrical conduit installation on College Boulevard; and Council adopted RESOLUTION NO. 8629, accepting grant deeds conveying sewer and drainage easements; and Council adopted RESOLUTION NO. 8630, approving a reimbursement agreement between the City of Carlsbad and Koll Company for College Boulevard Assessment District. (85) 12. AB 88647 - Supplement #I - AGREEMENT FOR (1 13) PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR (45) REVIEW OF LA COSTA MASTER PLAN - EIR 86-2. Council adopted RESOLUTION NO. 8631, approving an agreement between the City of Carlsbad and the La Costa Land Company for preparation of an environmental impact report for the review of the La Costa Master Plan. ORDINANCES FOR ADOPTION: (114) 13. AB W8666 - AMENDMENT TO ZONING ORDINANCE REGARDING AQUACULTURE - ZCA-192 - CITY OF CARLSBAD. Council adopted the following Ordinance: ORDINANCE NO. 9809, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING CHAPTERS 21.04 (DEFLNITIONS), 21.33 (OPEN SPACE ZONE), 21.36 (PUBLIC UTILITY ZONE) AND 21.42 (CONDITIONAL USES) BY ADDING SEVERAL SUBSECTIONS TO DEFINE AQUACULTURE AND TO ALLOW THE SALE OF AQUACULTURE PRODUCTS BY A CONDITIONAL USE PERMIT IF PRODUCTS ARE GROWN ON PREMISES. 255 I COUNCIL /p % 9& MEMBERS % $ Casler X Pettine X Chick xx Kulchin X Lewis X ~ - MINUTES 0 (84) (99) 8 June 24, 1986 Page 4 ~~ ORDINANCES FOR ADOPTION: (continued) 14. A6 56955 - Supplement 112 - ADDITION TO PURCHASE SECTION OF MUNICIPAL CODE. Council adopted the following Ordinance: ORDINANCE NO. 1288, AMENDING TITLE 3, CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 3.28.120(6) TO AUTHORIZE THE CITY MANAGER TO REJECT BIDS FOR SUPPLIES, SERVICES OR EQUIPMENT, PUBLIC HEARING: 15. AB C8633 - Supplement #I2 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 85-1O/PUD-81 - RICE PROPERTY. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using wall charts to indicate the alignment of the exit from the Rice property. In answer to Council query, Traffic Consultant Marty Bouman stated he had been firm in the memorandum he wrote regarding the alignment of this street. He stated it was necessary to maintain standards on this kind of road, with as few intersections as possible and properly spaced. This road would be part of the proposed Highway 680, if that road is completed, and that would call for strict conformance to standards. Mayor Casler opened the public hearing at 6:lO p.m. and issued the invitation to speak. Barry Bender, Rick Engineering, representing Rice Property, addressed Council stating the developer concurred with the staff report and felt the traffic issue had been discussed and resolved to the best interest of the City. Mr. Bender requested Council delete Item 833, stating this condition has been met to the satisfaction of the Engineering Department. Since no one else wished to speak on this matter, the public hearing was closed at 6:ll p.m. Clyde Wickham, Associate Civil Engineer, stated condition #33 had been satisfied and could be deleted. The inspectors will check for silt build-up and the developer would be responsible to clean out any silt build-up. In answer to Council question, Mr. Bouman stated a traffic analysis could be done to determine whether a traffic signal is necessary at the present time at Rancho Santa Fe Road and Avenida La Posta. 354 _. COUNCIL \p 5 3 5 MEMBERS % 9 Casler Lewis Kulchin Chick X Pettine , i i - - 0 MINUTES 0 3une 24, 1986 Page 5 PUBLIC HEARING: (continued) Council Member Lewis requested Condition 49 be changed to include the requirement for the developer to install the traffic signal, if found to be necessary, and sign a reimbursement agreement. Mr. Grimm added the Memorandum to the City Manager should also be included as part of the revised conditions. This Memorandum includes the additional changes approved by Council. Council Member Pettine stated this project should not be approved for the same reasons other projects in La Costa should not be approved. Rancho Santa Fe Road and La Costa Avenue should be improved before any new units are occupied in the La Costa area. He stated he would vote "no" on this item. Council directed the City Attorney to prepare documents approving CT 85-10/PUD-81; amended to include an analysis on the need for a traffic signal, and if the analysis shows a need for a signal at the present time, the developer shall install the signal and sign a reimbursement agreement. Condition 833 will be deleted. The conditions contained in the Planning Director's memorandum dated Way 7, 1986, are to be included. DEPARTMENTAL AND CITY MANAGER REPORTS: (77) 16. AB 118661 - Supplement #'I - GROWTH MANAGEMENT ORDINANCE. City Attorney Vincent Biondo introduced the matter. I Barry Bender, Rick Engineering, addressed Council asking for clarification of Item E on page 5 of Ordinance 9808, setting a two-year expiration date on the exemption for projects listed in subsection (c) (3), (4), (5) and (6). He felt this jeopardized the long development time of industrial and commercial projects, particularly where the developer intends to sell lots in the future for development. Mr. Bender requested Council review the rationale for a two-year expiration date for commercial and industrial developers. Council Member Chick added his concern was the problem in development of industrial parks where there would be subsequent purchasers of lots. 3ohn Stanley, 7682 €1 Carnino Real, addressed Council regarding the date of 3uly 11, 1986, as a cutoff date for applications for industrial and commercial projects as listed on page 4, line 15 1/2, of Ordinance 9808. He referred to the 52-acre project proposed for the corner of La Costa Avenue and Rancho Santa Fe Road. a53 COUNCIL \j ?$ % ' MEMBERS % $ Casler Pettine Chick I Kulchin I Lewis X - 7 I ~ @ MINUTES 0 3une 24, 1986 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Mike Holzmiller stated staff's concern was that a large number of projects could be submitted before the 3uly 20 date. Two or three commercial projects have been submitted since Council action of 3une 11. James Courtney, 4914 Avila, commended Council on behalf of the Carlsbad Citizens for Controlled Growth. He stated his support for this Ordinance and asked Council to adopt it tonight. Mr. Courtney stated his concurrence with Council Member Pettine that traffic was a regional problem. He added the community has a distrust for ordinances, and suggested Council place an initiative on the ballot to compete with the Citizens' Initiative. Mr. Courtney presented a copy of a proposed ballot measure to Council for their consideration. Council appointed Council Members Kulchin and Lewis to a Sub-committee to formulate wording for a ballot measure on Growth Management, with wording to be presented to Council on July 1, 1986. Council Member Kulchin suggested a change on page 4 of Ordinance 9808, Section (7), to include private schools. Council Member Pettine stated his opposition to that change on the basis that too many exceptions are being made in the Ordinance. Council amended Section (7) page 4 of Ordinance 9808 to include private schools. Mayor Casler clarified lines 27 and 28 on page 2 of the Ordinance, stating the section related to the Capital Improvement Program of the City. City Attorney Vincent Biondo added the developers have the option of constructing, and this section relates to how the City will budget in the CIP. Council Member Pettine stated he would support the Ordinance, because it was a step in the right direction. He felt it did not address the issue of adequacy of facilities and the staggering growth rate. The phasing element was taken out of the Ordinance, and that is the prime offering of the Citizens' Initiative. J5-Z COUNCIL y$ %%% MEMBERS % % Cas ler Lewis X Chick Kulchin Pettine Casler Lewis Kulchin Chick x; Pettine - -r * MINUTES 0 3une 24, 1986 Page 7 ~ ~ ~” DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council introduced the following Ordinance: ORDINANCE NO. 9808, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.90 ESTABLISHING A GROWTH MANAGEMENT PROGRAM FOR THE CITY. Council introduced and adopted the following Ordinance: ORDINANCE NO. 9810, ADOPTED AS AN URGENCY MEASURE ESTABLISHING GROWTH MANAGEMENT CONTROLS IN THE CITY OF CARLSBAD . (79)x 17. AB 88673 - AMENDING MUNICIPAL CODE REGARDING SETTING APPLICATION FEE FOR WORK IN CITY RIGHT-OF-WAY. ~~- ~ 3im Elliott, Finance Director, gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. 7070, AMENDING TITLE 11, CHAPTER 11.16, SECTION 11.16.040 OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF THE METHOD FOR ESTABLISHING THE APPLICATION FEE FOR WORK IN THE PUBLIC RIGHT-OF-WAY. Council adopted the following Resolution: RESOLUTION NO. 8632, ESTABLISHING THE FEE FOR PERMIT TO WORK IN THE PUBLIC RIGHT-OF-WAY. (67) 18. AB 08384 - Supplement %2 - AMENDING THE MUNICIPAL CODE REGARDING DOOR-TO-DOOR SOLICITATION OR CANVASSING. City Attorney Vincent Biondo gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. 6079, AMENDING TITLE 8, CHAPTER 8.32, SECTION 8.32.050 OF THE CARLSBAD MUNICIPAL CODE COMMERCIAL PEDDLING, SOLICITING, VENDING OR CANVASSING FROM 6:OO P.M. TO 9:OO P.M. DURING THE MONTHS FROM MAY 1 THROUGH OCTOBER 31. TO EXTEND THE TIME PERIOD FOR COMMERCIAL AND NON- (86) 19. AB 88674 - REQUEST FOR DESIGNATION OF 1987 AS CARLSBAD’S CENTENNIAL YEAR. Marjorie Howard-3ones, 3985 Park Drive, representing the Carlsbad Historical Society, presented handouts to Council Members showing photostats of one of the first land sales in the Carlsbad community. The railroad depot was constructed in 1887. 25/ COUNCIL /y ?$%. MEMBERS % % Casler Lewis Kulchin Chick X Pettine Casfer Lewis Kulchin X Chick Pettine Casler Lewis Kulchin Chick X Pett ine Cas ler Lewis Kulchin Pettine Chick X Cas ler Lewis Kulchin Chick X Pettine ! I 1 I 3 I ! I x 2 1 r 1 r > 1 1 X X X X X - .-. s ,. e a MINUTES June 24, 1986 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Kay Christiansen, 2802 Carlsbad Boulevard, Carlsbad Historical Society, addressed Council stating she felt it was important to honor the early settlers. She displayed a newspaper showing the incorporation of the City in 1952. Mayor Casler stated she felt the use of the word "centennial" was incorrect. Other cities celebrating "centennials" use the term in relation to incorporation, and Carlsbad was incorporated in 1952. She felt it would be unethical to use that word and suggested a different word be used. Council approved the request of the Carlsbad Historical Society to celebrate 1987, with a request to change the wording from "centennial" to something else the Society would propose. CLOSED SESSION : Council adjourned to a closed session at 7:13 p.m. to discuss personnel. Council re-convened at 7:21 p.m., with all Members present. No action was taken in the closed session. ADJOURNMENT: By proper motion, the Meeting of 3une 24, 1986, was adjourned at 7:22 p.m. Respectfully submitted, ll..L&d Q- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 250 - COUNCIL /$ % % MEMBERS % % Casler Lewis XI Chick Kulchin J Pettine 1