HomeMy WebLinkAbout1986-08-05; City Council; Minutest
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Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: August 5, 1986
Place of Meeting: City Council Chambers
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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,
Chick and Pettine.
Absent - Council Member Kulchin.
INVOCATION was given by Mayor Casler.
PLEDGE OF ALLEGIANCE was led by Council Member
Pettine.
APPROVAL OF MINUTES: (one motion)
Minutes of the Regular Meeting held 3uly 8, 1986, were
approved as presented.
Minutes of the Regular Meeting held July 15, 1986,
were approved as presented.
Minutes of the Regular Meeting held 3uly 22, 1986,
were approved as presented.
CONSENT CALENDAR:
Mayor Casler announced the City Manaaer had requested
Item No. 15 be withdrawn from the Agenda.
Mayor Casler announced there was a request to speak
on Item No. 2.
Council Member Pettine requested a negative vote be
shown for him on Items No. 3 and No. 5 of the Consent
Calendar.
Council affirmed the action of the Consent Calendar,
with the exception of Item No. 2 and No. 15, as
follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
1. AB if8715 - REQUEST FOR AUTHORITY TO DESTROY
FILES.
Council adopted RESOLUTION NO. 8715, authorizing
the destruction of certain files.
2. AB 1'18716 - ACCEPTANCE OF PUBLIC ART SCULPTURE.
This item was removed from the Consent Calendar.
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CONSENT CALENDAR: (continued) I
3. AB /I7592 - Supplement /,9 - FINAL MAP - CT 83-21,
UNIT 4. I I Council approved the Final Map of Carlsbad Tract
83-21, Unit 4; Council adopted RESOLUTION NO. - 8717, approving quitclaim of sewer and drainage
easements in conjunction with the subdivision; and Council adopted RESOLUTION NO. 8718, accepting a
grant deed conveying an offsite drainage easement
and authorized the City Clerk to record a
Subordination Agreement.
4. AB 117928 - Supplement 112 - FINAL MAP - CT 81-50
-0 ' GARA .
Council approved the Final Map of Carlsbad Tract 81-50.
5. AB 117803 - Supplement 84 - FINAL MAP - CT 84-14, UNIT 3 - TAMARACK POINTE. I
Council approved the Final Map of Carlsbad Tract
84-14, Unit 3.
6. AB /I8658 - Supplement /HI - ACCEPTANCE OF PUBLIC
IMPROVEMENTS FOR CARLSBAD RESEARCH CENTER, UNIT 2 - CT 81-10. I
Council accepted the public improvements,
authorized the City Clerk to record the Notice of
Completion and release bonds appropriately, and
directed the Utilities and Maintenance Department
to commence maintaining the public streets
associated with this subdivision.
7. AB 83123 - Supplement 1/10 - ACCEPTANCE OF PUBLIC
IMPROVEMENTS OF CARRILLO ESTATES - CT 73-29.
Council accepted the public improvements,
authorized the City Clerk to record the Notice of
Completion and release bonds appropriately, and
directed the Utilities and Maintenance Department
to commence maintaining the public streets, sewer
lines, and the temporary sewer lift station and
force main associated with this subdivision.
8. AB 118645 - Supplement #I - AWARD OF CONTRACT FOR
HARDING STREET FLASHING BEACONS.
Council adopted RESOLUTION NO. 8719, accepting
bids, authorizing the execution of Contract No.
3234, and approving transfer of funds.
9. w
PROGRAM.
Council accepted the 1985-86 Street Overlay
Program as complete, and directed the City Clerk
to record the Notice of Completion and release the
bonds appropriately.
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CONSENT CALENDAR: (continued)
(26) 10. AB 88495 - Supplement 88 - PALOMAR AIRPORT ROAD
WEST ASSESSMENT DISTRICT NO. 86-1 - REIMBURSEMENT
AND CONSULTANT AGREEMENTS.
Council adopted RESOLUTION NO. 8720, approving
reimbursement agreements pertaining to a special
assessment district; and adopted RESOLUTION NO.
8721, approving an agreement with Neste, Brudin &
Stone for Assessment Engineering Services.
(81) 11. AB 88717 - ACCEPTANCE OF A DRAINAGE EASEMENT.
Council adopted RESOLUTION NO. 8722, accepting a
grant deed for drainage purposes off Venado
Street.
(99) 12. AB 118718 - FINAL MAP - CT 84-13 - BEARMAN.
Council approved the Final Map of Carlsbad Tract
84-13.
(99) 13. AB if8719 - FINAL MAP - CT 85-36 - OCEAN VIEW
(81) ESTATES.
Council approved the Final Map of Carlsbad Tract
85-36; and adopted RESOLUTION NO. 8723, approving
quitclaim of a water easement over a portion of
Tracts 254 and 255 per map 1681.
(99) 14. AB 88720 - FINAL MAP - CT 83-39 - HEMLOCK
CONDOS.
Council approved the Final Map of Carlsbad Tract
NO. 83-39.
(74) 15. AB 118721 - MODIFICATION OF PUBLIC SAFETY
CLASSIFICATION DESCRIPTIONS.
This Item was withdrawn from the Agenda.
(81) 16. AB /I8722 - APPROVING AN EASEMENT TO THE LEUCADIA
(70) COUNTY WATER DISTRICT. .I
Council adopted RESOLUTION NO. 8725, approving an
easement to Leucadia County Water District.
(29) 17. AB W8625 - Supplement 1i3 - AMENDING THE 1986-87
OPERATING BUDGET.
Council adopted RESOLUTION NO. 8726, amending the
Operating Budget for the Fiscal Year 1986-87 for
the City of Carlsbad.
(39) 18. AB 1‘18009 - Supplement f2 - REVISED INVESTMENT
POLICY.
Council adopted RESOLUTION NO. 8727, revising the
City’s Investment Policy.
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ITEM REMOVED FROM THE CONSENT CALENDAR:
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2. AB !I8716 - ACCEPTANCE OF PUBLIC ART SCULPTURE.
Maurice Kimball, 1623 games Drive, addressed Council
speaking in opposition to the expenditure of public
funds for the piece of sculpture selected by the Arts
Commission to be placed at the Safety Center. Mr.
Kimball stated his qualifications in the world of art,
and stated this was a waste of taxpayers' money to
purchase this piece of sculpture, when the money could
be better used to fill potholes in the streets.
Ted Frye, Member of the Arts Commission, explained the
procedure by which this sculpture was selected.
Connie Beardsley, Arts Coordinator, read a paragraph
regarding the meaning of the piece of sculpture selected, and stated the Arts Commission felt this was
a very good selection.
Council Member Lewis stated his concern with the
selection of this sculpture, stating the first piece
of sculpture should represent Carlsbad.
Council Member Pettine felt the Commission had done a
good job, but the citizens would question the
expenditure of public funds for art of this nature.
Council continued this item for one week to present it Casler
before a full Council. Lewis X
Chick
Pettine
ORDINANCES FOR ADOPTION:
19. AB /I8713 - DESIGNATE ALICANTE ROAD AND EL FUERTE
STREET AS THROUGH STREETS.
Council adopted the following Ordinances: (one motion) Casler
ORDINANCE NO. 3199, AMENDING TITLE 10, CHAPTER 10.28 Chick
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.28.360 REQUIRING STOPS FOR STREETS
Pettine
INTERSECTING ALICANTE ROAD.
ORDIMANCE NO. 3200, AMENDING TITLE 10, CHAPTER 10.28
OF THE CARLSBAD MUNICIPAL CODE BY THE REAMENDMENT OF
SECTION 10.28.340 REQUIRING ADDITIONAL STOPS FOR
STREETS INTERSECTING EL FUERTE STREET.
PUBLIC HEARINGS:
Lewis x:
20. AB f8723 - APPEAL - MINOR SUBDIVISION 730 - BROOK
OLSEN.
Mayor Casler announced a request for a continuance of
this item.
The applicant, Brook Olsen, stated he would prefer to
have the matter heard this evening, due to an escrow
on the property.
This item was continued until August 12, 1986. Casler XI
Lewis I
Chick r Pettine ) 303
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PUBLIC HEARINGS: (continued)
(112) 21. AB 118564 - Supplement 112 - WEED ABATEMENT PUBLIC
HEARING TO HEAR PROTESTS TO COST ASSESSMENTS.
Mike Smith, Fire Marshall, gave the staff report.
Mayor Casler opened the public hearing at 6:33 p.m.,
and issued the invitation to speak. Since no one
wished to speak on this item, the public hearing was
closed.
Council adopted the following Resolution:
RESOLUTION NO. 8728, CONFIRMING THE REPORT OF THE FIRE
CHIEF SHOWING COST OF WEED ABATEMENT AGAINST EACH
PARCEL OF LAND IN SAID REPORT, CONFIRMING THE COST,
AND PROVIDING FOR COLLECTTION ON THE REGULAR TAX
BILL.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(86) 22. REQUEST TO ADDRESS COUNCIL.
Mr. Denis Hobson was not present at this time, and
Council trailed this item until later in the meeting.
(77) 23. AB 118704 - Supplement 112 - LOCAL COASTAL PROGRAM MELLO I AMENDMENT, AND EAST BATIQUITOS LAGOON
HUNT PROPERTIES AMENDMENT.
Charles Grimm, Assistant Planning Director, gave the
staff report as contained in the Agenda Bill.
Council established a six-week review period to begin
August 5, 1986, and end September 16, 1986, during
which interested parties may review the proposed Mello
I LCP Amendment and East Satiquitos Lagoon/Hunt
Properties LCP Amendment (LCP segment); and Council
directed staff to prepare a Notice of Availability of
the subject documents pursuant to Title 14, Section
13515 of the California Administrative Code.
(26) 24. AB 88542 - Supplement 1'13 - BATIQUITOS.LACOON
(45) EDUCATIONAL PARK ASSESSMENT DISTRICT NO. 86-6 -
PETITION, ACQUISITION AND WAIVER AGREEMENTS.
Ray Patchett, Assistant City Manager, gave the initial
staff report, with George Simpson, Project Manager,
giving an overview of the project.
Council Member Lewis reiterated his opposition to the
matter inasmuch as he does not feel Windrose Circle is
in the City's circulation system and this is not an
appropriate use of an assessment district.
Council continued this item until August 12, 1986,
for a full Council.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(78) 25. AB /I8724 - SPEED LIMIT ON A PORTION OF CADENCIA STREET.
Bob Johnson, Principal Civil Engineer, gave the staff
report as contained in the Agenda Bill.
Council introduced the following Ordinance: Casler
Lewis
ORDINANCE NO. 3201, AMENDING TITLE IO, CHAPTER 10.44 Chick
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF Pettine >.
SECTION 10.44.200 TO ESTABLISH THE SPEED LIMIT ON
STREET TO RANCHO SANTA FE ROAD.
CADENCIA STREET FROM A POINT 500-FEET WEST OF PERDIZ
(48) 26. AB /I8725 - INITIATIVE PETITION - CONSTRUCTION OF
FACILITIES IN MACARIO CANYON PARK.
City Clerk Lee Rautenkranz gave the staff report as
contained in the Agenda Bill.
James Courtney, 4914 Avila, representing CARA,
addressed Council regarding the Macario Canyon Park.
He asked Council to adopt the Ordinance into law and
put this on the ballot to comply with Prop H and let
the voters decide.
Council Member Lewis inquired of Mr. Courtney how the
$3,500,000 figure was derived and what this included
as far as access and other problems that exist in the
development of Macario Canyon Park. Mr. Courtney
stated this was the best cost estimate, using the
present cost figures, for constructing such
facilities, and did not include anything other than
just the recreation facilities.
Dave Bradstreet, Parks and Recreation Director, gave
an update on the inventory of park acreage for
community parks and special use areas. A transparency
was used to show the fields and park land needed,
either available at the present time or in the process
of being built. Mr. Bradstreet stated the park land
availability and ballfield availability has gone from
a minus to a plus situation in Carlsbad at the present
t ime .
Council Member Lewis stated his objection to the cost
factor, stating there had to be access into the park,
utilities, sewers, and the question of whether
anything could be built at the bottom portion of the
park. He added this measure must be on the ballot for
the people to vote, but he felt the people should be
completely educated as to what they are voting for.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Mayor Casler stated the Parks and Recreation Commission
and staff had both stated this was a future project and
not an immediate priority. Cannon Road has not been
built and preference was given to the other parks and
playing fields in order to complete them before
anything was started on Macario Canyon Park. She
agreed this matter should be placed on the ballot to let the voters decide. However, they should have the
information presented by Mr. Bradstreet tonight and
the information about the total costs involved in this
projects
In answer to a question regarding any conflict with
the proposed golf course in Macario Canyon, Mr.
Bradstreet stated there was. Some of the proposed
fairways would be in the middle of the proposed area
for the ballfields. There are many land constraints
that would be placed on anything in Macario Canyon,
and it is questionable just what could be built in
certain areas of the wetlands.
Council adopted the following Resolution: Casler
RESOLUTION NO. 8730, AMENDING RESOLUTION NO. 8670 Chick
CALLING AND GIVING NOTICE OF THE HOLDING OF THE Pettine
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 REQUIRING
THE CITY TO CONSTRUCT CERTAIN FACILITIES FOR
RECREATION IN MACARIO CANYON PARK DURING 1987 AND
1988.
It was moved and seconded that the following Casler F
Resolution be adopted: Lewis
Chick
RESOLUTION NO. 8731, AUTHORIZING CERTAIN OF ITS Pettine
MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY
MEASURE, with Council Member Lewis and Mayor Casler as
the Sub-committee to write the argument for the City.
Council Member Pettine stated he preferred to see the
argument before making a decision on adding his name to
the argument.
Council rescinded the motion to adopt Resolution No. Casler X
8731. Lewis
Chick
Pettine
Lewis F
Council by consensus, agreed to file Resolution No.
8732.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
27. AB #8703 - Supplement #I - REVISION TO BALLOT QUESTION - INITIATIVE PETITION BUILDING
LIMITATIONN.
City Attorney Vincent Biondo presented this item as
contained in the Agenda Bill.
A.3. Skotnicki, 3535 Bedford Circle, representing
Concerned Citizens for Controlled Growth, addressed
Council. He stated the wording previously approved,
with the requested capitalization, should remain.
However, if Council intended to change the wording,
they prefer the shorter wording as contained in the
Agenda Bill. This would be Resolution No. 8733, with
the ten line wording, as follows: "Shall an initiative ordinance be adopted adding Chapter 21.64
to the Carlsbad Municipal Code which would restrict
the rate of construction of residential dwelling units
in the City for ten years commencing 3anuary 1, 1987 to not more than 1,000 in 1987, 750 units in 1988, and
500 each year thereafter through 1996, with exceptions
for the replacement of damaged or destroyed units and
for low-income or senior citizen projects".
Mr. Skotnicki stated the longer version contained in
the alternative Resolution would be confusing and
unnecessarily complicated.
In answer to Council query as to why he objected to
the longer wording, Mr. Skotnicki stated it would not
be appropriate, as most citizens would read and study
the entire ordinance in the sample ballot. He
reiterated his desire to have the wording as simple as
possible.
Council Member Lewis inquired whether Mr. Skotnicki
would object to adding the wording: "The City of
Carlsbad shall vigorously defend any challenge to the
validity or constitutionality of this Ordinance
inasmuch as this ordinance represents the desires of a
majority of the voters of Carlsbad.'l Mr. Skotnicki
stated he would object to that.
Kelly Irving, P.O. Box 2056, stated he felt the entire
ordinance should be printed on the ballot. Since it
has been stated this is "what the citizens want", put
the wording of the entire ordinance and let people
vote on it. Mr. Irving stated several times this
Citizens' Initiative was a Smith/Pettine measure, and
he felt most citizens had not taken the time to read or study the initiative and he would like to see the
entire initiative printed on the ballot.
Council Member Pettine, for the record, stated he was
not a co-author of the initiative; he merely endorsed
it m
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council adopted the shorter of the two proposed X Lewis versions of the following Resolution:
Casler
RESOLUTION NO. 8733, AMENDING RESOLUTIONS NO. 8695 AND Pettine
8696 RELATING TO A MUNICIPAL ELECTION TO BE HELD IN
SAID CITY ON NOVEMBER 4, 1986 BY REVISING THE WORDING
OF A QUESTION TO BE SUBMITTED TO THE ELECTORS OF SAID
CITY AT SAID ELECTION; with the addition of the
following: "The City of Carlsbad shall vigorously
defend any challenge to the validity or
constitutionality of this Ordinance inasmuch as this
Ordinance represents the desires of a majority of the
voters of Carlsbad. 'I
Council adopted the following Resolution: Casler
RESOLUTION NO. 8734, AMENDING RESOLUTIONS NO. 8695 AND Chick
8696 RELATING TO A MUNICIPAL ELECTION TO BE HELD IN Pettine
SAID CITY ON NOVEMBER 4, 1986 BY REVISING THE WORDING
OF A QUESTION TO BE SUBMITTED TO THE ELECTORS OF SAID
CITY AT SAID ELECTION.
Chick
Lewis X
(103) 28. AB 118702 - TRAFFIC SAFETY COMMISSION
APPOINTMENT.
Mayor Casler stated she would like to continue this
item for one week.
Council continued AB 118702 for one week. Casler
Lewis
Chick
X
Pettine
(69) 29. AB 1'18726 - PARKS AND RECREATION COMMISSION
APPOINTMENTS.
Council adopted the following Resolution: X Cas le r
Lewis
RESOLUTION NO. 8735, REAPPOINTING SHIRLEY DAHLQUIST TO Chick
THE CARLSBAD PARKS AND RECREATION COMMISSION. Pettine
Council adopted the following Resolution: Casler X
Lewis
RESOLUTION NO. 8736, APPOINTING ANTHONY LAWSON TO THE Chick
CARLSBAD PARKS AND RECREATION COMMISSION. Pett ine
(68) 30. AB 117376 - Supplement 1% - APPOINTMENT TO BOARD
OF DIRECTORS FOUNDATION FOR CARLSBAD COMMUNITY
CABLE TELEVISION.
Council adopted the following Resolution: X Casler
Lewis
RESOLUTION NO. 8737, APPOINTING 3ULIANNE NYGAARD TO Chick
THE FOUNDATION FOR CARLSBAD COMMUNITY CABLE
TELEVISION.
Pettine
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
22. REQUEST TO ADDRESS COUNCIL.
Mr. Hobson was still not present at this time to
address Council.
Council filed this item.
OFF-AGENDA ITEM:
$500 DONATION TO CARLSBAD BOBBY-SOX
Council agreed to consider this item.
Mayor Casler stated the "American Girls" team had won
their division of the Bobby-Sox and would be in the
play-offs in Buena Park. The City had been requested
to donate $500 toward their expenses.
Council agreed to donate $500 to the Carlsbad Bobby-
Sox Team.
AD30URNMENT:
By proper motion the Meeting of August 5, 1986, was
adjourned at 8:04 p.m., to Tuesday, August 12, 1986
at 4:OO p.m., in the Library Conference Room.
Respectfully submitted,
& 2.-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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