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HomeMy WebLinkAbout1986-07-15; City Council; Minutes7 0 MINUTES 0 Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: 3uly 15, 1986 Place of Meeting: City Council Chambers -r 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 Pastor 3erald Stinson from the Pilgrim Congregational Church in Carlsbad. PLEDGE OF ALLEGIANCE was led by City Manager Frank Aleshire. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held June 24, 1986, were approved as presented. Minutes of the Regular Meeting held 3uly 1, 1986, were approved as presented. CONSENT CALENDAR: Council Member Pettine requested Item No. 8 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item No. 8, as follows: (41) (40) (45)x WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #8696 - APPROVAL OF DISCLAIMER - CITY OF VISTA v. CARLSBAD PROFESSIONAL PARK. ET. AL. Council authorized the Mayor to execute the disclaimer in the action entitled "City of Vista v. Carlsbad Professional Park, et al". 2. AB 118697 - AUTHORITY TO ADVERTISE FOR BIDS FOR CONTRACT CUSTODIAL SERVICES. Council adopted RESOLUTION NO. 8673, approving the specifications and authorizing the advertisement of bids to provide custodial services to specific City buildings. an T y 5 COUNCIL % % MEMBERS % $ Casler Lewis Kulchin Chick x: Pettine 9 I 7 I 7 I 1 , Casler 1 Lewis > I Chick XI Kulchin ) Pettine - MINUTES al 3uly 15, 1986 Page 2 (96) (45) (96) (45) (99) (77) (55) (45) (70) (45) CONSENT CALENDAR: (continued) 3. AB /I8275 - Supplement 112 - TRAFFIC SIGNAL AT CARLSBAD BOULEVARD - GRAND AVENUE AND EL CAMINO REAL - CHESTNUT AVENUE. Council accepted the construction of traffic signals at Carlsbad Boulevard and Grand and El Camino Real and Chestnut as complete: and Council directed the City Clerk to record the Notice of Completion; and Council adopted RESOLUTION NO. 8674, authorizing the transfer of funds for project Nos. 3179 and 3180 for the construction of traffic signals at Carlsbad Boulevard/Grand Avenue and El Camino Reallchestnut Avenue. 4. AB /I8602 - Supplement #I - TRAFFIC SIGNALS AT INTERSECTIONS OF JEFFERSON AND LAS FLORES AND 3EFFERSON AND LAGUNA. Council adopted RESOLUTION NO. 8675, accepting bids and authorizing the execution of Contract Nos. 3210 and 3211 for the construction of traffic signals at intersections of Jefferson Street and Las Flores and Laguna Drive. 5. AB 1#7097 - Supplement /I6 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - SEACREST - CT 81-30. UNIT 3. Council accepted the improvements of CT 81-30, Unit 3 as complete, authorized the City Clerk to record the Notice of Completion and release bonds appropriately, and directed the Utilities and Maintenance Departments to commence maintaining the public streets and sewers associated with the subdivision. 6. AB 88704 - LOCAL COASTAL PROGRAM MELLO I AMENDMENT, AND EAST BATIQUITOS LAGOON/HUNT PROPERTIES AMENDMENT. Council continued consideration of the establishment of a six-week review period for the amendments to the meeting of 3uly 22, 1986. 7. AB 85702 - Supplement 87 - AGREEMENT WITH BOYS AND GIRLS CLUB FOR LITTER REMOVAL. Council adopted RESOLUTION NO. 8676, approving an aqreement between the City of Carlsbad and the Carlsbad Boys and Girls Ciub to provide litter removal services and authorizing the Mayor to execute said agreement. 8. AB #I8592 - Supplement #I - PHASE I CONSTRUCTION OF CALAVERA HILLS COMMUNITY PARK. This item was removed from the Consent Calendar. A8 7 c \p 5 COUNCIL % y& MEMBERS % q - 0 MINUTES e 3uly 15, 1986 Page 3 CONSENT CALENDAR: (continued) (40) 9. AB f8608 - Supplement 81 - INFORMAL BIDDING PROCEDURES FOR MISCELLANEOUS PAINTING OF CITY FACILITIES. Council adopted RESOLUTION NO. 8677, approving informal biddinq procedures for paintina miscellaneous City facilities - Project-No. 3900-3. (81) IO. AB W8698 - ACCEPTANCE FOR A PORTION OF HARWICH DRIVE. Council adopted RESOLUTION NO. 8678, accepting Grant Deeds conveyinq a street easement for a portion of Harwich Drive. Council adopted RESOLUTION NO. 8679, accepting Grant Deeds conveying a storm drain easement for portions of Harwich Drive. Council adopted RESOLUTION NO. 8680, accepting Grant Deeds conveying a sewer easement for portions of Harwich Drive. Council adopted RESOLUTION NO. 8681, authorizing the City Clerk to process a subordination agreement. (107) 11. 1 ?ORTION OF HARWICH DRIVE. Council adopted RESOLUTION NO. 8682, summarily vacating an easement over a portion of Harwich Drive. (81) 12. AB f8119 - Supplement 830 - NOTICE OF COMPLETION 1~5) - PR03ECT NUMBER 3006 - 1E - CARLSBAD SAFETY AND SERVICE CENTER. I Council accepted the construction of street lights as complete, and directed the City Clerk to record the Notice of Completion and release bonds appropriately. I (81) 13. AB f8699 - ACCEPTANCE OF VARIOUS EASEMENTTS. Council adopted RESOLUTION NO. 8683, accepting a Grant Deed for an easement for public street and highway purposes over a portion of Jefferson Street and Marron Road, relinguish access rights in and to portions of Jefferson Street and Marron Road, an easement for public utility purposes and an easement for traffic signal facilities and maintenance. Council adopted RESOLUTION NO. 8684, authorizing the City Clerk to process a Subordination Agreement. I (81) 14. AB W8700 - ACCEPTANCE OF WATER LINE EASEMENT ON ROOSEVELT STREET. I Council adopted RESOLUTION NO. 8685, accepting an Grant Deed for water line purposes on Roosevelt Street. .. 28% - \p 5 COUNCIL % Ot MEMBERS % 0 - e MINUTES e 3uly 15, 1986 Page 4 1 ~~ CONSENT CALENDAR: (continued) (81) 15. AB #8701 - SEWER EASEMENT ACROSS A PORTION OF (70) STAGECOACH PARK. Council adopted RESOLUTION NO. 8686, approving the execution of a deed conveying a sewer easement to Leucadia County Water District across a portion of Stagecoach Park. (99) 16. AB #I6995 - Supplement f4 - FINAL MAPS - CT 81-19, UNITS 1 AND 2 - MAR Y MONTANAS. Council approved the Final Map of Carlsbad Tract 81-19, Units I and 2 (Mar Y Montanas). Council adopted RESOLUTION NO. 8687, acceptance and removal of blocker strips on a portion of 3annis Way. Council adopted RESOLUTION NO. 8688, reserving a portion of the City owned Ellery Reservoir property for public road and utility purposes. I ITEM REMOVED FROM THE CONSENT CALENDAR: 1 ::E; 8. AB 88592 - Supplement %I - PHASE I CONSTRUCTION OF CALAVERA HILLS COMMUNITY PARK. Dave Bradstreet, Director of Parks and Recreation, reported staff had met regarding a protest received on this bid. Staff’s recommendation had been changed to ask Council to reject the bids, redesign and rebid. Council Member Lewis asked whether the redesigning meant elimination of some features, and Mr. Bradstreet stated it did. Council Rember Lewis mentioned the lighting, and stated that should be retained, as well as the tot lot and the picnic areas. He felt it should be a first-class park and all amenities should be retained. Council Member Kulchin concurred with Council Member Lewis and stated any amenities omitted now would just result in those amenities being added later at a higher cost. She felt the citizens deserved a first-class park. Dave Bradstreet continued, stating there could be a savings of $100,000 to S200,OOO with the redesign of the grading. Further discussion among Council Members resulted in the consensus of opinion the Community Center in Phase I1 was necessary. Staff should return to Council with figures showing costs and recommendations for funding. Council rejected the bids on the construction of Calavera Hills Park and directed staff to redesign retaining the amenities, and rebid. ;7 SAA’ - COUNCIL /p % PA MEMBERS % $ Casler x> Pettine > Chick 1 Kulchin ) Lewis 1 - 0 MINUTES 0 3uly 15, 1986 Page 5 (37) (99) (113) ~~ ORDINANCE FOR ADOPTION: 17. AB !I8690 - CITY COUNCIL SALARIES. Council adopted the following Ordinance: ORDINANCE NO. 1289, AMENDING TITLE 2, CHAPTER 2.04. OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.04.010 TO INCREASE THE COMPENSATION OF THE MAYOR AND MEMBERS OF THE CITY COUNCIL. PUBLIC HEARINGS: 18. AB /I8707 - PHASES I1 & I11 OF THE BATIQUITOS LAGOON EDUCATIONAL PARK - CT 85-37/PUD-95/SDP 85- 15/CT 85-38/PUD-96/SDP 85-19 - SAMMIS. Charles Grimm, Assistant Planning Director, stated the applicant had requested this item be continued for one week. Council continued AB #!8707 for one week. I (107) 19. AB /I8651 - Supplement #I - STREET VACATION ON PORTION OF OAK AVENUE. Dave Hauser, Engineering Department, gave the staff report as contained in the Agenda Bill. Mayor Casler opened the Public Hearing at 6:18 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. 8689, VACATING A PORTION OF OAK AVENUE SUB3ECT TO CERTAIN RESERVATIONS. (107) 20. AB /I8680 - Supplement W'l - STREET VACATION OF LOGANBERRY DRIVE. Dave Hauser, Engineering Department, gave the staff report as contained in the Agenda Bill. Mayor Casler opened the Public Hearing at 6:21 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. 8690, VACATING LOGANBERRY DRIVE SUB3ECT TO CERTAIN RESERVATIONS. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:22 p.m., and reconvened at 7:29 p.m., with all Members present. c2 JV T \Y$ A???' Casler X Lewis X Kulchin xx Chick X Pettine X Casler X Lewis X Kulchin X Chick X Pettine xx Casler X Lewis X Kulchin X Chick X Pettine xx Casler X Lewis X Kulchin xx Chick X Pettine X e MINUTES 0 (108) (113) (48) \p 5 3uly 15, 1986 Page 6 COUNCIL % % MEMBERS % % DEPARTMENTAL AND CITY MANAGER REPORTS: 21. AB !I8684 - Supplement #I - APPROVAL OF APPEAL OF PLANNING COMMISSION DENIAL OF AN ADDITION TO A BRODINE. DUPLEX AT 2643 OCEAN STREET - SDP 85-17/V-373 - Council adopted the following Resolution: Casler RESOLUTION NO. 8691, GRANTING THE APPEAL FROM THE Kulchin PLANNING COMMISSION'S DENIAL AND APPROVING A SITE BEACH OVERLAY ZONE. Pettine DEVELOPMENT PLAN TO REMODEL AN EXISTING DUPLEX IN THE Chick Lewis X 22. AB !I8703 - INITIATIVE PETITION - BUILDING LIMITATION. City Clerk Lee Rautenkranz gave the staff report as contained in the Agenda Bill. Maurice A. Kimball, 1623 games Drive, addressed Council urging them to put the Citizens' Initiative on the ballot, as over 5,000 people stated they wanted this initiative on the ballot. Albert Mendoza, 2870 Highland Drive, Treasurer of the Concerned Citizens for Controlled Growth, stated he was here to support the Citizens' Slow-Growth Initiative, and urged Council to adopt it. Thomas Smith, 2303 Ocean Street, addressed Council asking them to adopt the Citizens' Initiative into law and not take this to an election. Nelson Aldrich, 4410 La Portalada Drive, representing Concerned Citizens' for Slow Growth, spoke in favor of the Citizens Initiative, stating 90% of the people contacted were in favor of the initiative. He stated their main concern was preservation of Carlsbad. Mr. Aldrich continued, stating the tremendous growth rate of Carlsbad had, in the last few years, contributed to traffic congestion and inadequacy in schools and parks. He stated there were 5,101 signatures from citizens requesting the Council to adopt the initiative into law. He also felt the City Attorney could not submit an impartial analysis of the Citizens' Initiative. Council Member Pettine stated he hoped Council would endorse and support the citizens' plan without need of an election and the expenditure of money. Council Member Lewis stated without the Citizens' Initiative, the Growth Management Plan would not have , been formulated. He felt the citizens should understand what both plans involve, and this would be a matter of education. 1 i 2 f3 r 0 MINUTES 0 July 15, 1986 Page 7 ~~ DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Member Pettine made a motion to introduce Ordinance No. 9811. The motion died for lack of a second. Council adopted the following Resolution: RESOLUTION NO. 8695, AMENDING RESOLUTION NO. 8670 CALLING AND GIVING NOTICE OF THE HOLDING OF THE MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 4, 1986, TO INCLUDE THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY AN ORDINANCE RESTRICTING THE RATE OF CONSTRUCTION OF RESIDENTIAL DWELLING UNITS IN THE CITY OF CARLSBAD FOR A TEN-YEAR PERIOD COMMENCING JANUARY 1, 1987. Council adopted the following Resolution: RESOLUTION NO. 8696, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING AN INITIATIVE ORDINANCE RESTRICTING THE RATE OF CONSTRUCTION, with the names of Mayor Casler, Council Member Lewis, Council Member Kulchin, and Council Member Chick to be inserted in Section 2 of said Resolution. Council determined not to adopt Resolution No. 8697, and directed that it be filed. RECESS : Mayor Casler declared a recess at 8:05 p.m., and Council reconvened at 8:19 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) (48) 23. AB !I8705 - HOSP GROVE ACQUISITION. City Attorney Vincent Biondo stated the staff report would be given by Assistant City Manager Frank Mannen and himself. He stated he would review the history of the Hosp Grove Acquisition, inasmuch as this involves past Councils, the present Council and future Councils. Early in the ~O'S, Council considered the possibility of acquiring Hosp Grove. The decision was that acquisition could not be accomplished. The decision was made to approve this property for development and a master plan was approved. Mr. Biondo continued, stating this property is 75% built out, the park land has been dedicated and all major roads constructed. 62 8a- 1 - \j 5 COUNCIL 3 % MEMBERS % Q Casler xx Pettine X Chick X Kulchin X Lewis X Casler X Pet t ine X Chick X Kulchin xx Lewis X Casler X Pettine X Chick xx Kulchin X Lewis X - " o MINUTES e July 15, 1986 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) In 1978 and 1979, the City was involved in litigation concerning this property, and after eight weeks of trial the matter was resolved and settlement agreement and stipulated judgment entered into. This gave the property owners the right to 1,260 residential sewer connections. Of those sewer connections, 676 are remaining. The development request before Council April 1, 1986, was not approved. The Negative Declaration was not approved and the Planning Director was asked to review the land use. Council Members Lewis and Pettine were appointed to a committee to work with the developers and property owners to explore acquisition of the grove and consider alternatives. Mr. Biondo stated the report that Mr. Mannen and he were giving tonight was the result of this committee's work. There had been a series of meetings with the property owners, developers and Council committee, as well as groups of citizens who had voiced opposition to the condominium project. Those citizens asked again for the City to acquire Hosp Grove. The property owners were of the strong belief that they had established vested rights to complete developments in compliance with the Master Plan, and the subject parcels were all pending escrow or 'Ifor sale" procedures. The property owners believed that all Council actions could not be legally supported. In addition there was a question about the integrity of the process of meetings with the citizens before the public hearings. Mr. Biondo stated he believed the City's interest could not have been achieved without the agreement of the property owners. The City's Agreement was necessary for them to proceed with chance of success, and neither side could impose a solution upon the other. He stated Council did not need to take action on this tonight, but should study the documents. If Council desires to place the matter on the ballot, the Ordinance should be introduced in order to meet the time limit for the November election. Frank Mannen stated the Finance Director stated the property tax for the City purchase of the Grove, if the ballot measure were approved, would be applied to all property tax payers on all lands and would reflect approximately $18.00 a year on a $100,000 home. Mr. Mannen discussed briefly the commercial development proposed on Parcel E. This commercial center, as proposed, would provide off ice space and specialty commercial use and would provide approximately $100,000 a year in sales tax and business licence fees. Mr. Biondo stated that all suggestions were explored and reviewed and that he did not feel any other viable alternative was possible other than those presented to Council. ax/ T- COUNCIL y( 3 % ' MEMBERS % % - T 0 MINUTES 0 July 15, 1986 Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Member Lewis stated he felt this was a reasonable approach, and it was probably the last chance to acquire the grove. Council Member Pettine stated this was a compromise and responsive to many of the requests by the community. He supported the compromise as presented. Conrad DeFlon, 1835 Forest Avenue, addressed Council stating Carfsbad will eventually be completely built out and the lagoon cannot be replaced. He stated he wanted the citizens to be educated on exactly what has gone on and both sides of the story. He hoped the voters of Carlsbad would make Carlsbad a special place and felt there should be money allotted to educate the people as to what they will be voting on. Girard Anear, 1728 Calavo Court, addressed Council citing his many years of experience with the Fire Department. Mr. Anear stated it would cost approximately $5,000 a tree to acquire Hosp Grove as a permanent park area. There would also be a tremendous liability problem inasmuch as there are dry weeds in that area just waiting for a spark to have a disasterous fire. Mr. Anear also discussed the tremendous maintenance costs to maintain this grove. He also stated there is a beetle infection that has been attacking trees, and those beetles are in the Hosp Grove trees at the present time. Council introduced the following Ordinance: ORDINANCE NO. 1290, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 4, 1986, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFlED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A CERTAIN MUNICIPAL IMPROVEMENT AND CONSOLIDATING SAID SPECIAL ELECTION WITH THE STATEWIDE ELECTION TO HE HELD ON SAID DATE. Council directed the City Manager to proceed with the publicity for the Hosp Grove Acquisition to inform the people through an educational program. (48) 24. AB f8706 - CITY GROWTH LIMITATION BALLOT MEASURE. City Attorney Vincent Biondo introduced this item. A.3. Skotnicki, 3535 Bedford Circle, spoke in favor of the Citizens' Initiative, stating that he was not the author of this Initiative. He stated the Slow Growth Management Program proposed by Council was attempting to confuse the issue. He requested Council leave thei initiative off of the ballot. He commented on the sentence in the document stating the Council's measure shall be listed first on the ballot. Mr. Skotnicki stated the Citizen's Initiative should be first on the ballot 2 80 - r COUNCIL I$$ 3 ?k MEMBERS % 9 Casler Lewis Kulchin x Chick Pettine Casler Lewis Chick Kulchin x Pettine 0 MINUTES e Duly 15, 1986 Page 10 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 3oe Reed, 1006 Daisy Avenue, addressed Council stating he was one of the circulators of the Citizens' Initiative. He stated the citizens are concerned about the rate of growth in Carlsbad. Mr. Reed stated Council's measure does not concern itself with the rate of growth. Council Member Kulchin stated the attached Resolution did not contain the wording as stated at the last Council meeting. She distributed a memo and read the wording to be contained in the ballot measure (copy not furnished to City Clerk). City Manager Frank Aleshire stated all new projects approved by the City Council after the date of this Ordinance have to meet the Growth Management control point as far as density ranges in each zone. Mayor Casler stated she did not believe this measure should be entitled an "Initiative Ordinance". It is a ballot measure Council wished to have on the ballot. She stated an initiative is a number of signatures obtained from registered voters in order to have a ballot measure. Council Member Lewis stated he felt this proposal should be explained to the citizens in an educational program and the facts presented to the public. He would like to direct the City Manager to set up such an educational program. Council Member Pettine stated he felt this was different from the Hosp Grove situation, and to spend money to educate people as far as the Council's ballot measure would be subject to attack. This would be salesmanship or propaganda, and he felt both measures should be put on the ballot and let the citizens decide. Council Member Chick stated he did not agree, inasmuch as the people who have written the other initiative will spend money to further their initiative. Council, in sponsoring this measure, has a right to explain what they are doing. Council directed the City Manager to begin preparation of an educational program on the matter. Council Members commented they wished the Resolution to be returned next week with the correct wording. 279 I COUNCIL /v 3 % MEMBERS % $ Casler Pettine Chick Kulchin x: Lewis I a MINUTES 0 1 3uly 15, 1986 Page I1 MEMBERS COUNCIL p % \ DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) (86) 25. AB f8674 - Supplement #I - REQUEST FOR DESIGNATION OF 1987 AS CARLSBAD'S CENTENNIAL YEAR. - Alan Kindle, 2622 El Aguila Lane, La Costa, spoke in support of the proposed 1987 Centennial celebration. He stated the people living in La Costa need roots and need to feel they are a part of the City of Carlsbad. He stated he and his wife are members of the Historical Society and the definition in the dictionary for centennial is "100 years anniversary" or "lasting 100 years" and nothing confines the term to incorporation for 100 years. Kip McBane, 2691 Crest Drive, President of the Historical Society, urged Council to celebrate 1987 as a centennial of the founding of Carlsbad, and to vote in favor of this designation. This would be a year- long celebration of the formation of the community. Council Member Kulchin asked Council to reconsider using the term "Centennial Year". Mayor Casler stated she still felt very strongly this was not the appropriate use of the word "centennial". Council voted to reconsider their previous action and approved the request of the Carlsbad Historical Societl to designate 1987 as Carlsbad's Centennial year. (103) 26. AB #8702 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. Council adopted the following Resolutions: (one motiol RESOLIJTION NO. 8692, REAPPOINTING TOM ERWIN TO THE CARLSBAD TRAFFIC SAFETY COMMISSION. RESOLUTION NO. 8693, REAPPOINTING MARY MELIDEO TO THE CARLSRAD TRAFFIC SAFETY COMMISSION. Resolution No. 8694 will be continued. COUNCIL REPORTS: Buena Vista 3oint Powers Committee Meeting Mayor Casler reported on the recent meeting. League of California Cities Executive Board Meeting Mayor Casler reported on the meeting. SANDAG Mayor Casler reported on the recent SANDAG meeting. 278 { > 7, Casler Lewis Kulchin Chick Pettine Casler Lewis Kulchin Chick Pettine ~ \ & F PL x XI I I ! I 9 I e MINUTES 0 y# July 15, 1986 ADJOURNMENT: By proper motion the Meeting of 3uly 15, 1986, was adjourned at 9:58 p.m. Respectfully submitted, COUNCIL 3 3 Page 12 MEMBERS % % . ALETHA Ilee;ac, L. RAUTENKRANZ 04. - City Clerk Harriett Babbitt Minutes Clerk HB: tb a77