HomeMy WebLinkAbout1986-09-23; City Council; Minutes-
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Meeting of: CITY COUNCIL (Reqular Meeting) lime of Meeting: 6:OO p.m.
Date of Meeting: September 23, 1986
Place of Meeting: City Council Chambers COUNCIL /v + % '
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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, Kulchin,
Chick and Pettine.
Absent - None.
CONSENT CALENDAR:
Council Member Kulchin requested Item No. 15 be
removed from the Consent Calendar.
Council Member Pettine requested Item No. 11 be
removed from the Consent Calendar.
Council affirmed the action of the Consent Calendar, Casler X
with the exception of Items No. 11 and 15, 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.
1. AB 118728 - Supplement 111 - PLANS AND
SPECIFICATIONS - REMODELING OF CITY HALL.
Council adopted RESOLUTION NO. 8802, approving
plans and specifications and authorizing the
advertisement for bids for the remodeling of City
Hal 1.
2. AB #8763 - SUMMARY VACATION OF A PORTION OF
CHRISTIANSEN WAY.
Council adopted RESOLUTION NO. 8803, summarily
vacating an easement over a portion of
Christiansen Way.
3. AB 88764 - PROPOSITION A - SALES TAX FOR JAILS.
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Council adopted RESOLUTION NO. 8804, in support of
Proposition A, (Regional Justice Financing
Ordinance).
4. AB 1/81 19 - Supplement 832 - AMEND BLACKTOP
CONTRACT FOR CARLSBAD SAFETY CENTER.
Council adopted RESOLUTION NO. 8805, approving an
amendment to Contract No. 3006-IF for the Carlsbad
Safety and Service Center.
5. AB 117891 - SU ent #Z - QUITCLAIM OF UTILITY AND ACCESS EA H
CENTER.
Council adopted RESOLUTION NO. 8806, approving
quitclaim for general utility and access
purposes.
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CONSENT CALENDAR: (continued)
6. AB f8520 - Supplement #I - QUITCLAIM OF EASEMENT
AND ACCEPTANCE OF EASEMENT FOR A SEWER LINE.
Council adopted RESOLUTION NO. 8807, authorizing
the Mayor to quitclaim an easement and to accept a
grant deed for an alternate alignment of a sewer
line across the May Stores parking lot.
7. AB /I8495 - Supplement 89 - CONSULTANT AGREEMENT
FOR THE DESIGN OF PALOMAR AIRPORT ROAD WEST
ASSESSMENT DISTRICT.
Council adopted RESOLUTION NO. 8808, approving an
agreement between the City of Carlsbad and
Pountney Consulting Engineers, Inc., for the
design of Palomar Airport Road West Assessment
District Improvements, Contract No. 3151.
8. AB f8339 - Supplement #I - RENEXAL OF PROPERTY
INSURANCE.
Council adopted RESOLUTION NO. 8809, authorizing
renewal of the City's property insurance.
9. AB #18765 - DEDICATION OF FIRE STATION NO. 4.
Council adopted RESOLUTION NO. 8810, dedicating
Fire Station No. 4 located at Batiquitos Lane and
Buttercup Road.
IO. AB 88766 - APPROPRIATION FROM CONTINGENCY FOR
DONATION TO CARLSBAD BOBBY-SOX TEAM.
Council adopted RESOLUTION NO. 8811,
appropriating funds from the General Fund
Contingency Account for a donation to the
Carlsbad Bobby-Sox Team.
11. AB #8767 - AMENDING THE CLASSIFICATION AND SALARY
PLAN AND THE 1986-87 BUDGET TO INCLUDE THE
MESSENGER POSITION.
This item was removed from the Consent Calendar.
12. A6 118659 - Supplement #I2 - PURCHASE OF- REINFORCED
CONCRETE PIPE.
Council adopted RESOLUTION NO. 8780, accepting a
bid and authorizing the execution of a purchase
order for reinforced concrete pipe for the
Carlsbad Boulevard Storm Drain Interception.
13. AB /I8119 - Supplement #33 - NOTICE OF COMPLETION
FOR CONSTRUCTION OF THE SAFETY CENTER.
Council accepted the contractual responsibilities
of four contractors as being complete and directed
the City Clerk to have the Notices of Completion
recorded and release bonds 35 days after
recordation.
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I CONSENT CALENDAR: (continued)
(26) 14. AB Q7612 - Supplement #3 - PLANS AND
(81) SPECIFICATIONS AND EASEMENTS FOR THE CYNTHIA LANE
(45) ASSESSMENT DISTRICT.
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Council adopted RESOLUTION NO. 8814, referencing
prevailing wage scale and directing call for
construction bids; and
Council adopted RESOLUTION NO. 8815, accepting a
grant deed and subordination agreement; and
Council adopted RESOLUTION NO. 8816, approving
three agreements between the City of Carlsbad and
San Diego Gas and Electric Company for trenching
and electrical conduit installation of Cynthia
Lane.
15. AB 88477 - Supplement 113 - MITIGATION PLAN AND
CERTIFICATION OF MITIGATED NEGATIVE DECLARATION
FOR LA COSTA AVENUE IMPROVEMENT PR03ECT.
This item was removed from the Consent Calendar.
16. AB {I8772 - BUENA VISTA CREEK ASSESSMENT DISTRICT
FEASIBILITY STUDY.
Council authorized staff to proceed with a
feasibility study.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
11. AB 118767 - AMENDING THE CLASSIFICATION AND SALARY
PLAN AND THE 1986-87 BUDGET TO INCLUDE THE
MESSENGER POSITION.
Council Member Pettine requested this item be removed
from the Consent Calendar to ascertain whether this
was the most cost effective way to provide the
service.
Ruth Fletcher, Purchasing Officer, stated two
alternatives had been investigated; hiring a courier
service and the use of a temporary agency. Both of
these alternatives proved to be more costly.
Council adopted the following Resolutions: (one
motion 1
RESOLUTION NO. 8812, AMENDING THE CLASSIFICATION PLAN
OF THE CITY TO INCLUDE THE CLASSIFICATION OF
MESSENGER.
RESOLUTION NO. 8813, APPROVING A FUND TRANSFER OF
$32,535 FROM THE GENERAL FUND CONTINGENCY ACCOUNT AND
APPROPRIATING THE FUNDS FOR THE MESSENGER POSITION
DURING 1986-87.
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ITEMS REMOVED FROM THE CONSENT CALENDAR: (continued)
15. AB /I8477 - Supplement /I3 - MITIGATION PLAN AND
CERTIFICATION OF MITIGATED NEGATIVE DECLARATION
FOR LA COSTA AVENUE IMPROVEMENT PROJECT.
Council Member Kulchin requested this item be removed
from the Consent Calendar to receive an update on
these projects.
Assistant City Manager Frank Mannen stated the
easements for the intersection and widening along La
Costa Avenue have been submitted to HPI, but had not
been executed and returned.
John Cahill stated the papers had been submitted to
HPI the first week of July this year and had not been
returned to date. There are two sets of right-of-way
documents, one for the right-of-way along La Costa
Avenue and another for the right-of-way in the Lagoon
wetlands which would be required for mitigation
measures.
*See Page 9.
Council adopted the following Resolution:
RESOLUTION NO. 8817, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND WILLDAN AND ASSOCIATES FOR
THE DESIGN OF A MITIGATION PLAN AND MONITORING PROGRAM
FOR THE LA COSTA AVENUE PROJECTS, CERTIFICATION OF THE
MITIGATED NEGATIVE DECLARATION AND APPROPRIATION OF
FUNDS.
ORDINANCES FOR ADOPTION:
17. AB 118711 - SPEED LIMITS ON ALICANTE ROAD AND EL
FUERTE STREET.
Council adopted the following Ordinances: (one
mot ion )
ORDINANCE NO. 3203, AMENDING TITLE 10, CHAPTER 10.44
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.44.210 TO ESTABLISH THE SPEED LIMIT ON
ALICANTE ROAD FROM ALGA ROAD TO CORTE DE LA VISTA.
ORDINANCE NO. 3204, AMENDING TITLE 10, CHAPTER 10.44
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.44.220 TO ESTABLISH THE SPEED LIMIT ON EL
FUERTE STREET FROM CORTE DE LA VISTA TO ALGA ROAD.
PUBLIC HEARINGS:
18. AB 118751 - Supplement #I - ADOPTION OF 1986
COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE.
Police Chief Vincent 3imno gave the staff report as
contained in the Agenda Bill.
Mayor Casler opened the public hearing at 6:13 p.m.,
and issued the invitation to speak.
Larry Boersma, 887 Sherman Street, San Diego, Director
of Development at the San Diego Humane Society, addressed Council in favor of the proposed ordinance.
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PUBLIC HEARINGS: (continued)
Since no one else wished to speak on this subject, the
public hearing was closed at 6:20 p.m.
Council adopted the following Ordinance: Casler X
Lewis X
ORDINANCE NO. 5071, AMENDING TITLE 7, CHAPTER 7.07, Kulchin
xx Pettine CODE TO ADOPT BY REFERENCE THE RECENTLY REVISED SAN
X Chick AND TITLE 1, CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL
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DIEGO COUN.rY CODE OF REGULATORY ORDINANCES DEALING
WITH ANIMAL CONTROL.
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19. AB #8768 - APPEAL OF CONDITIONAL USE PERMIT
DENIAL - CUP-286 - TEXACO.
Charles Grimm, Assistant Planning Director, gave the
staff report as contained in the Agenda Bill, using a
transparency to show the site.
Mayor Casler opened the public hearing at 6:26 p.m.,
and issued the invitation to speak.
Rich Lawton, 10 Universal Plaza, Universal City,
Manager of Distribution for Texaco Incorporated,
addressed Council giving the history of this project.
Texaco paid for a traffic study conducted by BSI,
which was completed in July 1985. He stated they are
concerned about the traffic, but the study determined
that they were not the creators of the traffic
problem, nor would this project add significantly to
the traffic situation. Less than 1% additional
traffic would be generated by this project. Mr.
Lawton stated this project would enhance the doorstep
to the community and upgrade an older service
station.
Patrick Fedler, 2322 Nest Third Street, Los Angeles,
addressed Council explaining how the project would
enhance the site.
Since no one else wished to speak on this subject, the
public hearing was closed at 6:35 p.m.
Council directed the City Attorney's Office to prepare Casler xx
documents denying the applicant's appeal on CUP-286. Lewis X
Kulchin X
Chick X
Pettine X
20. AB f8771 - STREET NAME CHANGE ON FOREST STREET - SNC 22 - CITY OF CARLSBAD.
Charles Grimm, Assistant Planning Director, gave the
staff report as contained in the Agenda Bill, using a
transparency to show the location of Forest Avenue and
Forest Street.
Mayor Casler opened the public hearing at 6:43 p.m., and
issued the invitation to speak. Since no one wished to
speak on this item, the public hearing was closed.
Council approved the staff recommendation to change Casler X
the name of Forest Street to Wintergreen Drive. Lewis X
Kulchin X
Chick X
Pettine xx
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(77) 21. AB #8738 - Supplement 81 - GROWTH MANAGEMENT
PROGRAM - CITYWIDE FACILITIES AND IMPROVEMENTS
PLAN. -
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill, explaining the
minor changes made for clarification.
In response to query, 3im Elliott, Finance Director,
explained his memos to the City Manager dated
September 23, 1986 titled Debt Financing of Capital
Improvements.
Council adopted the following Resolutions: (one
motion)
RESOLUTION NO. 8796, ADOPTING MINOR REVISIONS TO THE
PUBLIC FACILITY AND SERVICE PERFORMANCE STANDARDS TO
BE USED IN IMPLEMENTING THE GROWTH MANGEMENT PROGRAM
AS REQUIRED BY ORDINANCE NO. 9810 (GROWTH MANAGEMENT
ORDINANCE).
RESOLUTION NO. 8797, ADOPTING THE CITYWIDE FACILITIES
AND IMPROVEMENTS PLAN TO BE USED WITH THE GROWTH
MANAGEMENT PROGRAM AS REQUIRED BY ORDINANCE NO. 9810
(GROWTH MANAGEMENT ORDINANCE).
RESOLUTION NO. 8799, ADOPTING A LOCAL FACILITY
MANAGEMENT FEE AS AUTHORIZED IN ORDINANCE NO. 9810
(GROWTH MANAGEMENT ORDINANCE).
RESOLUTION NO. 8798, ADOPTING GUIDELINES FOR THE
PREPARATION OF THE LOCAL FACILITY MANAGEMENT PLANS IN
CON3UNCTION WITH THE GROWTH MANAGEMENT PROGRAM AS
REQUIRED BY ORDINANCE NO. 9810 (GROWTH MANAGEMENT
ORDINANCE).
RESOLUTION NO. 8800, DIRECTING STAFF TO PREPARE THE
LOCAL FACILITY MANAGEMENT PLANS FOR ZONES 1 THROUGH 6
AND APPROPRIATING $25,000 FROM THE GENERAL FUND
CONTINGENCIES ACCOUNT IN CON3UNCTION WITH THE GROWTH
MANAGEMENT PROGRAM AS REQUIRED BY ORDINANCE NO. 9810
(GROWTH MANAGEMENT ORDINANCE).
(62) 22. AB #I8769 - TORT REFORM.
Assistant City Manager Ray Patchett gave the staff
report as contained in the Agenda Bill.
Council authorized the Mayor to meet with Assemblyman
Frazee and Senator Craven to urge support for the Tort
Reform Program proposed by the Proposition 51
Coalition.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(77) 23. AB 118770 - AGRICULTURAL IMPROVEMENT FUND.
(LCP) City Manager Frank Aleshire gave the initial report on
this item, stating Gary Wayne was present for
questions.
Mayor Casler stated it was necessary to have a
recommendation or a proposal by Council to take to the
Conservancy Board in October. She suggested the
following:
1. The proposals that the Conservancy is
investigating all have merit and should be
supported.
~ 2. If the City wants to pursue its ag-land purchase
or long-term lease proposal, it should expand the
list of possible parcels to include all land
suitable for agricultural and this could even include lots in the northwest portion of the City
that are currently committed to agriculture.
3. The City should initiate an LCP Amendment to
either expand the "Sunset Clause" for an
additional five year or eliminate it all together.
Another option would be to convert the ag-
improvements fund into the fund set-up by the
City's current LCP. The monies could then be used
to enhance "other" local coastal resources,
including agriculture. This later option would
probably meet with both Coastal Commission and
Conservancy opposition.
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Council directed the AG Committee should, as the
number one priority, initiate an LCP amendment;
number two, support all of the AG Improvement Programs
recommended by the Committee, and; three, pursue ag-
land purchase or lease, as previously discussed.
(29) 24. A6 f8694 - Supplement #2 - 1986-87 CAPITAL IMPROVEMENT BUDGET AND 1986-91 CAPITAL
IMPROVEMENT PROGRAM.
Assistant Manager Frank Mannen gave the staff report
as contained in the Agenda Bill.
Doug Avis, Sorrento Valley Road, addressed Council
stating the $621,500 sewer project costs for Cannon
Road is the City's portion, with the balance of the
cost being paid by the people in the District. Along
with the sewer installation, Cannon Road will be built
with no cost to the City. He stated the only
contribution the City is making toward the $6 million
dollar project of Cannon Road and the sewer, is the
$621,500 for the sewer. He stated the only issue not
resolved is the suggested fill instead of the bridge.
He stated Avis-Beiri was absolutely committed to the
Assessment District.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Mayor Casler inquired about the three freeway bridges
and the traffic signals at those bridges. Mr. Mannen
stated the signalization of the ramps would be part of
the bridge and thoroughfare district project. Mayor
Casler stated she felt the traffic signals would be
needed before the bridges were built. She also
inquired whether they should be in the five year CIP,
and Mr. Mannen said they could be included. He
suggested staff do a study with CalTrans to determine
where it would be appropriate to install signals to
improve the traffic flow. Mayor Casler stated the
Palomar Airport Road -- 1-5 interchange would need a
signal soon.
Frank Mannen stated the five-year Capital Improvement
Program is a plan and can be changed as conditions
change.
George Mason, 3070 Monroe Street, a resident on the
southeast corner of the intersection of Elm Avenue and
Monroe Street, addressed Council stating he noticed
the Capital Improvement Budget did not include the
traffic signal at Monroe Street and Elm Avenue. He
stated he realized it was in the original plan, but it
had been deleted at this time. He stated he would
like to make a pitch for that signal at this time,
inasmuch as there are accidents and near accidents at
that intersection. He felt it was important to put
the signal in, especially with the extension of Elm Avenue in the near future.
Mayor Casler stated she would vote against including
this signal in the CIP, inasmuch as she felt there
were more critical needs at this time.
Council directed staff to reinstate the traffic signal at Elm Avenue and Monroe Street in the CIP
for this year.
Mayor Casler stated she would vote for the Resolution
but with the indication that she did oppose the
traffic signal at Elm Avenue and Monroe Street.
Council adopted the following Resolution:
RESOLUTION NO. 8818, ADOPTING THE 1986-91 CAPITAL
IMPROVEMENT PROGRAM, as amended.
CLOSED SESSION:
(41) 25. CLOSED SESSION.
Council authorized a Closed Session to discuss Metzger
v. City of Carlsbad and discuss Magidow v. Sanborn and
Elsner v. City of Carlsbad pursuant to Government Code
§54956.9(a); and Council authorized a Closed Session
pursuant to Government Code Section 54956.9(b)(2) to
decide whether on advice of the City Attorney based on
existing facts and circumstances there is significant
exposure to litigation against the City to remain in
closed session to discuss the situation.
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RECESS :
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Mayor Casler declared a ten minute recess at 7:56
p.m., and Council re-convened at 8:06 p.m, in Closed
Session.
Council re-covened at 8:51 p.m., and stated with
regard to Government Code Section 54956.9(b)(2), the
facts did not constitute a significant exposure to
litigation and a closed session was not authorized, so
Council returned to open session without taking any
action on the matter.
AD30URNMENT :
By proper motion the Meeting of September 23, 1986,
was adjourned at 8:52 p.m..
Respectfully submitted,
b 64. h
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
HB: tb
"The minutes were amended to include the following:
"The Mayor stated the City and the Coastal Commission have not yet decided the amount of mitigation needed
and where its location will be, and that is why the
documents have not yet been signed."
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