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HomeMy WebLinkAbout1986-07-08; City Council; Minutes0 MINUTES 0 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: 3uly 8, 1986 Time of Meeting: 6:OO p.m. y Place of Meeting: City Council Chambers COUNCIL % ?i 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. APPROVAL OF MINUTES: Minutes of the Regular Meeting held 3une 17, 1986, Casler 1 Lewis were approved as presented. : 1 Pettine 1 'Chick xx Kulchin PRESENTATIONS: Mayor Casler presented a plaque to Darrell Bennett, who was retiring from the City of Carlsbad Fire Department after 22 years of service. Triathlon Dave Bradstreet, Director of Parks and Recreation, reported Sunday 3uly 13, 1986, would be the fifth annual Triathlon. Ken Price, Parks Superintendent, continued the report, stating this coming Sunday, the fifth annual Triathlon would be held, with 788 participants expected. A slide presentation was given by 3oe Skymba showing previous triathlon activities. CONSENT CALENDAR: Mayor Casler announced a request to remove Item No. 3 from the Consent Calendar. Council Member Pettine requested Item No. 6 be removed from the Consent Calendar. Council Member Pettine stated he wanted a negative vote registered on Item No. 4 for reasons previously given. Council Member Lewis stated he would also register a ?Ino" vote on Item No. 4. Council affirmed the action of the Consent Calendar, Cas le r X with the exception of Items No. 3 and No. 6, as Lewis X follows: Kulchin xx Chick X Pettine X WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. :(50) 1 AB 88685 - REFUND OF FEES. Council approved the refund of $1,000 to 3ohn Ramirez and the refund of $2,000 to Cahamad Investment Company for overpayment of fees. 476 - 0 MINUTES 0 July 8, 1986 Page 2 1 CONSENT CALENDAR: (continued) I (74) :i 2. AB 68686 - AMENDING THE CLASSIFICATION PLAN. Council adopted RESOLUTION NO. 8652, amending the classification plan of the City to revise the classifications of Secretary I, Secretary I1 and Secretary to the City Manager. (pg) 3. AB 118589 - Supplement 81 - AWARD OF CONTRACT FOR (45) TAMARACK AVENUE, ADAMS AVENUE TO HIGHLAND DRIVE. This item was removed from the Consent Calendar. (99) 4. AB 88179 - Supplement 113 - FINAL MAP - CT 85-5. .. , Council approved the final map of CT 85-5. I; (50) 5. AB i'18687 - 1986-87 APPROPRIATION LIMIT. Council adopted RESOLUTION NO. 8654, establishing the 1986-87 appropriation limit as required by Article XIIIB of the California State Constitution and State Law. (93) 6. AB !I8119 -Supplement 814 - CENTRAL BUSINESS STORM (45 1 DRAIN. (93) 6. AB !I8119 -Supplement 814 - CENTRAL BUSINESS STORM (45 1 DRAIN. This item was removed from the Consent Calendar. (96J 7. AB /I8688 - TRAFFIC SIGNAL AT FARADAY AVENUE AND EL CAMINO REAL. Council adopted RESOLUTION NO. 8656, approving plans and specifications; authorizing the City Clerk to invite bids for project no. 3255. I ITEMS REMOVED FROM THE CONSENT CALENDAR: (92) 3. AB 118589 - Supplement 81 - AWARD OF CONTRACT FOR I453 TAMARACK AVENUE, ADAMS AVENUE TO HIGHLAND DRIVE. Mike McNabb, SDG&E, 5016 Carlsbad Boulevard, addressed Council stating SDG&E concern on the timing of this project. He stated the City would expect their facilities to be relocated in 30 days and that would not be possible. Mr. McNabb stated there was a need for at least 60 days to accomplish this. John Cahill stated Council could award the contract, but staff would not issue the notice to proceed until an agreement is finalized with SDG&E. As soon as there is an agreement, the 30-day clock would start. I Council adopted the following Resolution: I RESOLUTION NO. 8653, ACCEPTING BIDS, APPROPRIATING ADDITIONAL FUNDS AND AUTHORIZING THE EXECUTION OF CONTRACT NO. 3144. 275 c COUNCIL /j 3 % MEMBERS (% 9 Lewis Pettine Casler X Lewis xx X Pettine X Chick X Kulchin ( ( a MINUTES 0 3uly 8, 1986 Page 3 MEMBERS COUNCIL A I ITEMS REMOVED FROM THE CONSENT CALENDAR: (continued) 193) 6. AB #8119 -Supplement #I4 - CENTRAL BUSINESS STORM :45) DRAIN. Council Member Pettine requested Item No. 6 be removed from the Consent Calendar to clarify whether or not this represented a reasonable value of the services rendered. Richard Allen, Engineering Department, stated this did represent fair value and staff was satisfied with the request . Council adopted the following Resolution: RESOLUTION NO. 8655, AMENDING CONTRACT NO. 3085, T-ORM DRAIN BY APPROVING CHANGE ORDER NO. 3 AND APPROPRIATING ADDITIONAL FUNDS. Council accepted the construction of Contract No. 3085, Central Business Storm Drain as complete, and directed the City Clerk to record the Notice of Completion. PUBLIC HEARINGS: (77) 8. AB 88661 - Supplement #3 - BOUNDARIES OF LOCAL 'FACILITIES MANAGEMENT ZONES. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using an overhead graphic and a wall exhibit to show the zones. Mayor Casler opened the Public Hearing at 6:16 p.m., and issued the invitation to speak. Pat Stanfield, SDG&E, addressed Council requesting all property owned by SDG&E be treated as one land use and placed entirely in zone 1 or zone 3. Since no one else wished to speak on this item, the Public Hearing was closed at 6:19 p.m. Mike Holzmiller stated staff felt the SDGgtE property east of the freeway inter-related more with the other properties under different ownership in that area. They all tie in with the extension of Cannon Road, the sewering in that area, and are subject to changes under the Coastal Plan. The 45-acre parcel that is designated for travel service is part of the Agua Hedionda Lagoon plan and tied in with the rest of SDG&E holdings for agricultural use. Mr. Holzmiller stated the development of the 45-acre parcel is to be looked at in terms of a master plan. Everything east of the freeway still undeveloped needs to be planned as a unit rather than individually. Casler Lewis Kulchin Chick Pettine Casler Lewis Kulchin Chick Pettine 0274 yi \ pLq 5 1 1 1 1 XI x x 1 2 XI 0 MINUTES * July 8, 1986 Page 4 ~ ~~~ ~ ~~ PUBLIC HEARINGS: (continued) Mayor Casler made a motion to move the zone line to include the Agua Hedionda Lagoon in the SDG&E zone. There was no second to the motion. Council Member Chick made a motion to move the boundary up to the north shore of Agua Hedionda Lagoon to include all SDG&E holdings in Zone No. 3. Mayor Casler seconded the motion. The motion failed due to the lack of a majority. Mike Holzmiller stated there had been a request to realign the boundary of Zones No. 5 and 20. The bottom of the bluff had always been the separation in that area and the realignment for industrial property in Zone No. 5 would cause no problem for staff. Council adopted the following Resolution: RESOLUTION NO. 8657 ESTABLISHING THE BOUNDARIES FOR 25 LOCAL FACILITIES MANAGEMENT ZONES TO RE USED IN IMPLEMENTING THE GROWTH MANAGEMENT PROGRAM AS REQUIRED BY ORDINANCE NO. 9808 (GROWTH MANAGEMENT ORDINANCE), to include the change to realign the industrial properties in Zone 5. (77) 9. AB 88661 - Supplement #2 - PERFORMANCE STANDARDS. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. Mayor Casler opened the Public Hearing at 6:52 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Council adopted the following Resolution: RESOLUTION NO. 8658, ADOPTING PUBLIC FACILITY AND SERVICE PERFORMANCE STANDARDS TO BE USED IN IMPLEMENTING THE GROWTH MANAGEMENT PROGRAM AS REQUIRED BY ORDINANCE NO. 9808 (GROWTH MANAGEMENT ORDINANCE). DEPARTMENTAL AND CITY MANAGER REPORTS: (102) IO. AB 88693 - APPEAL OF TRAFFIC SAFETY COMMISSION DECISION. Bob gohnson, Traffic Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to show the area. He listed the alternatives as listed in the Agenda Bill. 2 ?_? - \p 5 COUNCIL % 9& MEMBERS % Q Casler Lewis )I Kulchin Pett ine x> Chick Casler x3 Pettine X Chick X Kulchin X Lewis X Casler X Pettine X Chick xx Kulchin X Lewis X - 7 0 MINUTES 0 3uly 8, 1986 Page 5 ~ DEPARTMENTAL AND CITY MANAGER REPORTS: Linda Ledesma, 2691 Olympia Drive, addressed Council as a resident on the southwest corner of Olympia and Elm. She stated the Vice-president of Standard Pacific was at the meeting of the Traffic Safety Commission on 3une 2, 1986, and admitted an engineering error in the planning for this area. He offered to pay for any kind of remedial work. She further stated the Police Chief said there was no problem with emergency vehicles going to Pontiac Drive and turning right. Mrs. Ledesma stated the people living in the area are extremely cautious and that is why there have been no accidents up to the present time. The corner is extremely hazardous and a left turn is made with extreme danger. She stated the neighbors are all very much concerned and wished to have a cul-de-sac. If it were a modified cul-de-sac, the developer had stated he would bear the financial burden of making the adjustments. She stated they were willing to give part of their land to correct the problem, and the people across the street are also willing to give part of their property. Ed Perea, 2701 Olympia Drive, stated he had appeared here last October at the time the signal was installed at Concord. The citizens had requested the signal be triggered on Olympia as well. They were told at that time that Olympia would be closed but the decision has now been made to not close that street. He stated there are more and more units being completed with more and more traffic. He stated Standard Pacific had volunteered to fund the improvements to be made on the street in order to help the dangerous situation which now exists. Council Member Pettine commented the west turn on Elm is based on a hunch and is extremely dangerous. The problem is the speed of the vehicles traveling eastbound. He felt closure of the street should be considered. Council Member Lewis reiterated his idea of a signal at both streets to be synchronized, and stated he would like to pursue that further. Dave Hauser, Engineering Department, suggested Council refer this item back to the Engineering Department for alternatives. Council Member Chick stated he would also like staff to investigate the possibility of a hammerhead cul-de- sac. Marty Bouman, Traffic Consultant, stated the additional signalized intersection there would cause problems because it would involve a right jog, and this would mean that any left turns off of Elm must be around each other. Council continued this item for four week for additional report and recommendation on alternative solutions. 2 ?dl COUNCIL y % % MEMBERS % $ -l Casler x Lewis xx X Pett ine X Chick X Kulchin - (85) (45) (79) (29) 0 e MINUTES \p 5 July 8, 1986 Page 6 COUNCIL 3 % MEMBERS % $ DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 11. AB 118689 - TRAFFIC IMPACT STUDY AND INTERIM FEE FOR THE PORTION OF THE CITY NOT COVERED BY THE LA tOSTA AREA STUDY. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the boundaries of the interim traffic impact fee area. In response to query, he stated the project had not been submitted to bid, and he explained the reasons for selecting the consultant. Council Member Chick noted he would vote "no" on Resolution No. 8659 because of the bidding process, but he would support Resolution No. 8660. Council adopted the following Resolutions: (one motion) RESOLUTION NO. 8659, AUTHORIZING A TRAFFIC IMPACT Chick STUDY FOR REMAINDER OF THE CITY EXCLUSIVE OF THE LA COSTA AREA. RESOLUTION NO. 8660, AUTHORIZING THE COLLECTION OF AN Casler X INTERIM TRAFFIC IMPACT FEE FOR THE REMAINING AREA OF Lewis xx THE CITY EXCLUSIVE OF THE LA COSTA AREA. Kulchin X Chick X Pettine X 12. AB 117099 - Supplement 114 - PUBLIC FACILITIES MANAGEMENT SYSTEM MONITORING REPORT, APRIL, 1986. - 3im Hagaman, Director of Research/Analysis, gave the staff report. Using overhead transparencies, he detailed the contents of the report. Council accepted the report for public distribution. Casler xx Lewis X Kulchin X Pettine X Chick X RECESS : Mayor Casler declared a recess at 7:54 p.m., and Council reconvened at 8:09 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 13. AB 88694 - PROPOSED 1986-91 CAPITAL IMPROVEMENT PROGRAM INCLUDING 1986-87 CAPITAL IMPROVEMENT BUDGET. 3im Hagaman, Director of Research and Analysis, and Grace Manues, Administrative Assistant, gave the staff report using transparencies to show all the tables and graphs as contained in the Agenda Bill, and wall charts showing the 1986-87 Capital Improvement Budget. 39 I - - 0 MINUTES 0 COUNCIL /Q$ % PA ! July 8, 1986 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Mayor Casler requested costs and information including a traffic signal at Tamarack and 1-5 going south, in the CIP. games Courtney, 4914 Avila Avenue, addressed Council on the Capital Improvement Program, stating he had a problem with the Calavera Hills area, stating that was too large an expenditure for that northeast quadrant. His second concern was with the deficiency in parks and felt the City was losinq ground on playing fields. Mr. Courtney distributed copies of an initiative petition being circulated, and requested the Council place it on the November Ballot for the citizens to ratify. Council accepted the proposed Capital Improvement Casler xx Program/Budget for public distribution, and directed Lewis X staff to set it to public hearing on July 22, 1986. Kulchin X Chick X Pettine X MEMBERS % $ I (99) 14. AB #8633 - Supplement W3 - TENTATIVE MAP AND PLANNED UNIT DEVELOPMENT - CT 85-10/PUD 81 - RICE PROPERTY. City Attorney Vincent Biondo presented this item to the Council. Council Member Pettine opposed this project on the basis that conditions of approval do not include upfront improvement of Rancho Santa Fe Road and La Costa Avenue. Council adopted the following Resolution: Casler xx Lewis X RESOLUTION NO. 8661, APPROVING A 189 UNIT TENTATIVE Kulchin X TRACT MAP (CT 85-10) AND PLANNED UNIT DEVELOPMENT X Chick (PUD-81) ON PROPERTY GENERALLY LOCATED ON THE EAST Pettine SIDE OF RANCHO SANTA FE ROAD SOUTH OF OLIVENHAIN ROAD IN THE SOUTHERN END OF THE CITY. (48) 15. AB +I8695 - GENERAL MUNICIPAL ELECTION - NOVEMBER 4, 1986. City Clerk Lee Rautenkranz gave the staff report as contained in the Agenda Bill. Council adopted the following Resolutions: (one motion) Casler xx Lewis TUESDAY NOVEMBER 4, 1986 FOR THE ELECTION OF CERTAIN X Chick HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON X Kulchin RESOLUTION NO. 8670, CALLING AND GIVING NOTICE OF THE X X Pet t ine OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. RESOLUTION NO. 8671, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY, NOVEMBER 4, 1986, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 23302 OF THE ELECTION CODE. RESOLUTION NO. 8672, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY NOVEMBER 4, 1986. 2 30 - c ( I 0 MINUTES 0 3uly 8, 1986 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 37) 16. AB #8690 - CITY COUNCIL SALARIES. City Attorney Vincent Biondo gave the staff report on this item, stating this ordinance would be in effect as soon as the new Council is seated after the November Election. Council introduced the following Ordinance: ORDINANCE NO. 1289, AMENDING TITLE 2, CHAPTER 2.04. OF THE CARLSBAmNICIPAL CODE BY THE AMENDMENT OF SECTION 2.04.010 TO INCREASE THE COMPENSATION OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL. (99) 17. AB W8692 - FINAL MAP OF CT 85-14, PHASE 1 - BATIQUITOS LAGOON EDUCATIONAL PARK. Marty Orenyak, Director of Community Developer, gave the staff report as contained in the Agenda Bill. Dave Bradstreet, Director of Parks and Recreation, continued giving a history of discussion and actions by the Parks and Recreation Commission on the matter. He stated the Commission has consistently requested the provision of land, and though the Sammis obligation is for five acres, Sammis has indicated they would bring the City up to park standards in that quadrant where there is currently a ten-acre deficiency. Mr. Bradstreet stated Sammis Properties had proposed to work in conjunction with HPI Properties and develop a turnkey park on 10 acres of the park land to be donated by HPI. Parks and Recreation Commission recommended not to do that, but to negotiate for the land. Mr. Bradstreet stated he was recommending Council direct staff to negotiate with Sammis to work out a park agreement. Jon Briggs, 2650 Camino del Rio North, San Diego, representing Sammis Properties, addressed Council stating they concurred with staff but would add one clarification to the last sentence on page 3 of Agenda Bill No. 8692: "This agreement, specified by Council, to be entered into prior to the release of the final map." Mr. Brigqs asked this sentence to read: "This agreement, specified by Council, to be entered into prior to the occupancy of any units in the first phase." City Attorney Vincent Biondo clarified the current wording stating the City will have the developer enter into an agreement to dedicate "X" amount of land and then they can record the map. The actual dedication will not be until occupancy. Mr. Briggs stated he would be happy to enter into an agreement, but does not want to preclude the option of providing the City with a complete park. 076 P COUNCIL y$ %pL. MEMBERS % $ Casler X Pett ine X Chick X Kulchin X Lewis x> - 7 0 MINUTES 0 3uly 8, 1986 Page 9 ~~ DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) City Attorney Vincent Riondo said the City has the discretion to either require or not require land as a condition of this final map. The recommendation of Parks and Recreation was to require the land. He suggested if Council wanted the land, they should require the developer to enter into an agreement that the land would be provided if no other solution can be arrived at through negotiations. There was Council discussion regarding the exchange of agricultural land and the fee paid to the Coastal Conservancy, and the consensus of opinion was the desire that the Coastal Conservancy should allow the money collected in the City to stay in the City. Council approved the final map of Carlsbad Tract No. 85-14 known as the Batiquitos Lagoon Educational Park, with inclusion of the requirement for receipt of parks aareement prior to recordation of the final map, and adopted the following Resolutions: (one motion) RESOLUTION NO. 8663, ACCEPTING A GRANT DEED FOR DRAINAGE EASEMENT PURPOSES FOR THE BATIQUITOS LAGOON EDUCATIONAL PARK. RESOLUTION NO. 8664, ACCEPTING A GRANT DEED FOR ROADWAY EASEMENT PURPOSES FOR THE BATIOUITOS LAGOON - EDUCATION PARK. RESOLUTION NO. 8665, SUMMARILY VACATING AN EASEMENT FOR STREET PURPOSES OVER A PORTION OF AVENIDA ENCINAS. RESOLUTION NO. 8666, APPROVING TWO AGREEMENTS FOR BATIQUITOS LAGOON EDUCATION PARK. RESOLUTION NO. 8667, ESTABLISHING AN AGRICULTURAL CONVERSION FEE FOR THE WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES LOCAL COASTAL PROGRAM SEGMENT. (28) 18. AB 88691 - PERSONNEL BOARD APPOINTMENTS. Council adopted the following Resolution: RESOLUTION NO. 8668, APPOINTING 3ERE KIMERELL TO THE CARLSBAD PERSONNEL BOARD. Council adopted the following Resolution: RESOLUTION NO. 8669, REAPPOINTING CAMILLE MITKEVICH TO THE CARLSBAD PERSONNEL BOARD. 268 - COlJMClL /$ ?5 9c MEMBERS % % Casler Lewis xx X Pettine X Chick X Kulchin X Casler Chick Kulchin X Lewis xx X Pettine x1 X Casler xx Lewis X Kulchin X Chick X Pettine X 0 MINUTES e I. ( 3uly 8, 1986 Page 10 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued ) (48) 19. BALLOT MEASURE DISCUSSION. Council Member Kulchin reported further on the language for the ballot measure on Growth management. She added the following new words: "concurrent with need". The paragraph now reads: "No development shall be approved by the City of Carlsbad unless it is guaranteed that concurrent with need all required public facilities shall be provided with emphasis on ensuring good traffic circulation, shcools, parks, libraries, open space and recreation amenities as shown in the 1986 Growth Management Plan. The following sentence was added to paragraph two: "The City shall be authorized to add additional public facilities; the City shall not be allowed to reduce public facilities without corresponding reduction in residential units." Paragraph two now reads: "The City of Carlsbad shall not approve any development that would increase the number of residential dwelling units beyond that provided in the 1986 Growth Management Plan Map without affirmative vote of the people. The City shall be authorized to add additional public facilities; the City shall not be allowed to reduce public facilities without corresponding reduction in residential units." James Courtney, 4914 Avila, commended Council for the good job they have done on this ballot measure and read a letter distributed to the news media stating they would not file the growth initiative which was being processed. He stated he believed three growth management measures would prove to be counter-productive. They would hold their petition and place their trust in the Council. Ronald Rouse, 2111 Palomar Airport Road #300, addressed Council, distributing copies of a letter written to Mayor Casler. In view of this ballot measure being brought back, he asked each Member to review the letter and stated he was providing a copy to Mr. Biondo. He felt there were constructive suggestions for clear language contained in this letter. Council Member Lewis stated as far as numbers in each quadrant, it would be dwelling units and not population. Council instructed the subcommittee to continue working on the language for the ballot measure and to work with the City Manager and City Attorney to prepare an Ordinance based on the concept in the two paragraphs. This is to include the changes made by Council Nember Kulchin, with a draft of the measure to be presented at next Tuesday's Council Meeting. &47 - COUNCIL /p %Q. MEMBERS % $ Casler X Lewis xx X Pettine X Chick X Kulchin I ~ a MINUTES 0 x 3uly 8, 1986 Page 11 COUNCIL REPORTS: Downtown Merchants Committee Council Member Kulchin reported a survey was to be done by the Village Merchants to ascertain how citizens would feel about changing the name of Elm Avenue to Carlsbad Village Drive. Advisory Committee on Widening Highway 78 Council Members Lewis and Chick reported on the recent developments on the widening of Highway 78. CLOSED SESSION: (41) 20. CLOSED SESSION - SIGNIFICANT EXPOSURE TO LITIGATION. Council authorized a Closed Session pursuant to Government Code Section 54956.9( b) ( 1 1 to discuss a situation constituting significant exposure to litigation against the City. Council adjourned to the Closed Session at 9:38 p.m., and reconvened at 9:53 p.m., with no action taken. AD30URNMENT: By proper motion the Meeting of July 8, 1986, was adjourned at 9:54 p.m. Respectfully submitted, hi- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB: tc 266 -r - , COUNCIL y 3 % MEMBERS % % Casler Lewis x 1 Pettine Chick Kulchin