HomeMy WebLinkAbout1986-12-02; City Council; Minutese 0 MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: December 2, 1986
Place of Meetina: City Council Chambers MEMBERS COUNCIL Y$ .
CALL TO ORDER:
Mayor Pro Tern Lewis called the Meeting to order at
6:Ol p.m.
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ROLL CALL was taken by the City Clerk, as follows: I Present - Council Members Lewis, Kulchin,
Chick and Pettine.
Absent - Mayor Casler.
INVOCATION was given by Reverend Father David Capuchin0
of Christ the King Orthodox Catholic Church.
PLEDGE OF ALLEGIANCE was led by Council Member Chick.
APPROVAL OF MINUTES: (one motion)
Minutes of the Regular Meeting held October 14, 1986,
were approved as presented.
Minutes of the Regular Meeting held October 28, 1986,
were approved as presented.
Minutes of the Regular Meeting held November 4, 1986,
were approved as presented.
Minutes of the Regular Meeting held November 11, 1986,
were approved as presented.
Minutes of the Regular Meeting held November 18, 1986, were approved as presented.
OLD BUSINESS
ORDINANCES FOR ADOPTION: I 1. AB B8809 - Supplement 81 - LOCAL COASTAL PLAN AND
GENERAL PLAN AMENDMENT - LCPA 86-2/GPA 85-9 - SEAPOINTE CARLSBAD.
This item was continued to December 22, 1986.
2. AB BS818 - CABLE TV FRANCHISE. I
Council adopted the following Ordinance: I
ORDINANCE NO. 6081, AMENDING TITLE 5 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING SECTION 5.28.030(a)(8) TO
REQUIRE THE CABLE FRANCHISE TO MAINTAIN AND REPLACE
EQUIPMENT AND FACILITIES FOR THE TERM OF THE FRANCHISE
AND SECTION 5.28.050( a) TO EXTEND THE TERM OF THE
FRANCHISE TO NOVEMBER 19, 1986.
3. AB 88695 - Supplement 82 - RESULTS OF GENERAL
MUNICIPAL ELECTION HELD NOVEMBER 4, 1986. -
City Clerk Lee Rautenkranz gave the staff report as
contained in the Agenda Bill..
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December 2, 1986 Page 2
ORDINANCES FOR ADOPTION: (continued)
Thomas William Smith, 2303 Ocean Street, representing
Concerned Citizens, addressed Council requesting
Proposition G be implemented. He stated since both
Proposition E and Proposition G received a majority,
both should be enacted. He stated they were not in
conflict and should be enacted together.
City Attorney Biondo stated the City Council
originally found Proposition E to be in conflict with
Proposition G. The proposition was written to reflect
that finding, placed that way on the ballot, and
presented to the people on that basis.
Council Member Pettine said he thought both
Propositions should be enacted as both received a
majority of the votes. The decision to put
Proposition G on the ballot with the clause referred
to by Mr. Smith was at the direction of Council
majority. Council Member Pettine concluded, stating
he supported the Resolution, with the one exception he
just described.
Council adopted the following Resolution:
RESOLUTION NO. 8884, RECITING .THE FACT OF A GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY ON THE 4TH DAY OF
NOVEMBER, 1986, DECLARING THE RESULTS THEREOF AND SUCH
OTHER MATTERS AS ARE REQUIRED BY LAW.
COUNCIL REORGANIZATION
A. Oaths of Office and Certificates of Election were
given to City Clerk Lee Rautenkranz, Mayor Lewis,
Council Member Pettine and Council Member Mamaux.
PROCLAMATION:
Mayor Lewis read a Proclamation proclaiming December
14, 1986, as Space Bridge of Americas Day. Mr. and
Mrs. Bishop accepted the Proclamation.
Mayor Lewis read a proclamation for the First Earth
Run, to be held December 5, 1986, in San Diego. The
Proclamation was accepted by Nancy Anderson.
Mayor Lewis presented a plaque to outgoing Council
Member Chick in appreciation for all the work he has
done for the City while a Member of the Council.
B. Selection of Mayor Pro-Tern.
Mayor Lewis nominated Council Member Kulchin to be
Mayor Pro-Tem. Council Member Pettine seconded the
mot ion.
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COUNCIL REORGANIZATION : (continued )
C. Council Committee appointments.
Mayor Lewis announced there would no longer be Council liaisons to the various City Commissions and Boards.
Staff will attend the meetings and a short synopsis of
the meeting will be sent prior to the receiving of the
minutes of the meetings. Mayor Lewis stated this
decision was due to the workload of Council Members.
The Department Head will be responsible to send the
minutes and synopsis to each Member of Council.
Mayor Lewis made the following recommendations for
Council Committee appoi-ntments:
RECOMMENDATIONS FOR COUNCIL APOINTMENTS
Commit tee Member Alternate
Palomar Airport Joint Powers Lewis Pettine
Buena Vista Lagoon Com. Lewis Pettine
North County Transit District Kulchin Pettine
Oceanside/Carlsbad Beach Erosion Kulchin Mamaux Coastal Regional Beach Erosion Com. Kulchin Pettine
SANDAG Mamaux Kulchin
Encina (3AC) Mamaux Lewis
City-School Committee Lewis Mamaux
LAFCO Lewis Kulchin Local Coastal Plan Kulchin & Lewis
NEW BUSINESS
CONSENT CALENDAR:
Council Member Mamaux asked to withdraw Item No. 4
from the Consent Calendar.
Council affirmed the action of the Consent Calendar, Lewis
with the exception of Item No. 4, as follows: Kulchin >:
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WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
4. AB #a728 - Supplement 1#2 - AWARD OF CONTRACT FOR
REMODELING OF CITY HALL.
This item was withdrawn from the Consent
Calendar.
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December 2, 1986 Page 4
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CONSENT CALENDAR: (continued)
(99) 5. AB 1!7542 - Supplement 82 - ACCEPTANCE OF PUBLIC
IMPROVEMENTS - P .. C JEW . ETT COMPANY - CT 81 -6. - ~ ~-
Council Accepted the public improvements for CT
81-6 as complete, and 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 associated with the
subdivision.
(84) 6. AB 88819 - PURCHASE OF PERSONAL COMPUTERS.
Council adopted RESOLUTION NO. 8886, accepting
bids and authorizing the execution of a purchase
order for the purchase of personal computers.
(81) 7. AB %7891 - Supplement #I4 - ACCEPTANCE OF- GRANT
DEED FOR PORTION OF CALLE TIMETEO.
Council adopted RESOLUTION NO. 8888, accepting a
grant deed conveying an easement for public road
and utility purposes over a portion of Calle
T imeteo.
(70) 8. AB 118820 - APPLICATION FOR COMMUNITY PARK LANDS
ACT OF 1986 STATE GRANT ASSISTANCE.
Council adopted RESOLUTION NO. 8887, approving the
application for grant funds under the Community
Parklands Act of -1986, for tennis court
rehabilitation, Buena Vista ballfield renovation
and indoor soccer site.
ITEM WITHDRAWN FROM THE CONSENT CALENDAR:
(40) 4. AB #8728 - Supplement #!2 - AWARD OF CONTRACT FOR
(45) REMODELING OF CITY HALL.
Council Member Mamaux requested this item be withdrawn
from the Consent Calendar to discuss why the price had
increased from $200,000 to $350,000, and why the scope
of work had been expanded without Council approval.
John Cahill referenced 2 previous agenda bills wherein
Council approved the scope of work.
Council adopted the following Resolution:
RESOLUTION NO. 8885, ACCEPTING BIDS AND AWARDING
CONTRACT NO. 3227 FOR THE REMODELING OF CARLSBAD CITY
TO THE 3. P . GROUP, INCORPORATED.
Statements by Council Members
At this time each Member of Council made a brief
statement with regard to the election and their vision
of the future for Carlsbad.
HALL, cny COUNCIL CHAMBERS AND MODULAR OFFICE UNITS
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PUBLIC HEARING:
(99) 9. REVISIONS TO THE PLANNED DEVELOPMENT ORDINANCE -
ZCA-195 - CITY OF CARLSBAD.
City Manager Frank Aleshire stated this item has been
continued to the meeting of December 22, 1986.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(70) 10. A5 88821 - CITY OF CARLSBAD SENIOR CITIZEN
CENTER.
Mayor Lewis asked this item be held over until the
School Board and Council subcommittee have an
opportunity to meet and discuss this further.
Archie Hicks, 1831 Valencia Avenue, representing the
Carlsbad Village Merchants Association, gave a paper
to the Council Members signed by the Village Merchants
in support of the Senior Center. The merchants state
they would be glad to go on an all-out effort to
support a ballot measure to achieve the building of
the Senior Center.
Majorie Howard-gones, 3985 Park Drive, representing
the Historic Site Commission, addressed Council
stating the Commission wanted to re-emphasize the
importance of having any architectural plan
incorporate the existing school buildings.
Council continued the Senior Citizen Center item.
(72) 11. AB 88824 - NO PARKING ZONE ON PALISADES DRIVE.
Bob gohnson, Traffic Engineer, gave the staff report
as contained in the Agenda Bill.
Council introduced the following Ordinance:
ORDINANCE NO. 3207, AMENDING TITLE IO, CHAPTER 10.40
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SEC.rION 10.40.060 'TO DECLARE A "NO PARKING" LONE ON
THE EASTERLY SIDE OF PALISADES DRIVE FROM TAMARACK
AVENUE TO A POINT SIXTY FEET NORTH OF THE MOST
NORTHERLY INTERSECTION OF DRIFTWOOD CIRCLE.
(96) 12. AB 118822 - TRAFFIC SIGNAL - INTERSECTION OF ALGA
ROAD AND CORINTIA STREET.
Bob gohnson, Traffic Engineer, gave the staff report
as contained in the Agenda Bill.
Council adopted the following Resolution:
RESOLUTION NO. 8890, APPROVING A TRAFFIC SIGNAL AT THE
INTERSECTION OF ALGA ROAD AND CORINTIA STREET AND
APPROPRIATING FUNDS FOR THE DESIGN AND INSTALLATION OF
THE SIGNAL.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(48) 13. AB $18823 - SPECIAL MUNICIPAL ELECTION - MARCH 3,
1987. -
City Clerk Lee Rautenkranz gave the staff report as
contained in the Agenda Bill.
Council adopted the following Resolutions: (one
X Kulchin mot ion )
Lewis
RESOLUTION NO. 8891, CALLING AND GIVING NOTICE OF THE M amau x
HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 3, 1987, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES.
RESOLUTION NO. 8892, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONDUCT THE
SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF
CARLSBAD ON TUESDAY, MARCH 3, 1987.
RESOLUTION NO. 8893, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING .TO
ELECTION TO BE HELD ON TUESDAY, MARCH 3, 1987.
RESOLUTION NO. 8894, AUTHORIZING THE TRANSFER OF
$40,000 FROM THE CONTINGENCY FUND TO THE CITY CLERK'S
BUDGET FOR ELECTION COSTS.
Council Members by consensus agreed to leave the fifth
seat on Council vacant until the March 3, 1987,
election.
Pettine
CANDIDATES STATEMENTS SUBMITTED 'ro THE VOTERS AT AN
(37) 14. AB 118825 - AMENDMENTS TO CITY COUNCIL PROCEDURES
TO COMPLY WITH NEW BROWN ACT LEGISLATION.
City Attorney Vincent Biondo gave the staff report on
this item.
Council introduced the following Ordinance: Lewis
ORDINANCE NO. 1292, AMENDING TITLE 1, CHAPTER 1.20 OF Pettine
THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT AND M amau x
ADDITION OF VARIOUS SECTIONS TO REVISE THE CITY
COUNCIL PROCEDURES IN ACCORDANCE WITH THE NEW BROWN
ACT LEGISLATION.
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(70) 15. AB 118592 - Supplement 112 - CONSULTANT AGREEMENT
(45) - PLANS AND SPECIFICATIONS - CALAVERA HILLSPARK
PHASE 1.
Dave Bradstreet, Director of Parks and Recreation,
gave the staff report as contained in the Agenda Bill,
referring to the request of the Historic Preservation
Commission to preserve the cistern and trees.
Council Member Mamaux expressed concern that the
cistern site and trees were missed at the time of the
EIR preparations. He stated the historic site should
be preserved.
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December 2, 1986 Page 7
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Majorie Howard-Jones, 3985 Park Drive, representing
the Historic Site Commission, addressed Council giving
copies of material to Council Members and giving a
history of the site. She stated the Commission wished
this to be a Historic Site and not a Point of Interest. She also stated the trees belong there in
the park, as they are a landmark.
In answer to Council query regarding the loss of any
amenities by changing the location of the Community
Center, Mr. Bradstreet said there may be a loss of the tennis courts.
Ron Paige, RSI, stated the south portion of the park
needs dirt from the north portion, and a cut would be
required on the north portion to create ballfields in
the southern portion. Without that dirt, the south
side cannot be completed. He stressed the fact that
the entire site must be graded at one time. Also, the grading plans were changed to include the entire area
to save money. To move the community Center would
require redesigning the building.
Council adopted the following Resolution:
RESOLUTION NO. 8895, APPROVING A CONSULTANT AGREEMENT
TO PROVIDE FOR PROJECT MANAGEMENT AND APPROVING PLANS
AND SPECIFICATIONS: AUTHORIZING .THE CITY CLERK TO
READVERTISE BIDS FOR PHASE I OF CALAVERA HILLS
COMMUNITY PARK, PROJECT NO. 3173.
(48) 16. AB lC8826 - HOSP GROVE ACQUISITION NEGOTIATIONS.
Mayor Lewis stated this item had been reconsidered due
to the 64% vote received in the November Election.
3ames Courtney, 4914 Avila, addressed Council stating he had a problem with buying all of those trees. He
recommended Hosp Grove be purchased and turned into a
park with ballf ields.
Hap L'Heureux, President, Chamber of Commerce,
addressed Council stating the Chamber supports the
preservation of the grove. The major question before
Council was how could that purchase be made in a
financially sound manner. Mr. L'Heureux stated the
public had a right to know what they are "biting off",
and felt the Council should inform the public exactly
what this would involve in funding. If the TOT is
raised, the people should know the impact on the hotel
and motel industry in Carlsbad. There is a glut of
hotel rooms in San Diego County, and if the tourists
are scared away from the Carlsbad area, this would result in less income. He suggested the people in the
hotel/motel industry be consulted and this entire
matter be discussed thoroughly.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Paul Graham, 7682 El Camino Real, representing La
Costa Hotel and Spa, was recognized by Council and
commented on funding the purchasing of Hosp Grove by
increasing the TOT. He stated this raising of the TOT
would have an adverse impact on the La Costa Hotel and Spa. Mr. Graham recited some of the figures and
amounts La Costa contributes to the City through the
TOT, and stated this revenue could be drasticly
lowered if the tax is raised to the point where they
cannot compete with other areas for group meetings.
He urged Council to seek funds from sources other than
raising the TOT.
3ohn Thelan, 530 B Street #2300, San Diego,
representing The Odmark Development Company, stated
they would cooperate with the City on the proposed
purchase of Hosp Grove.
Julie Fish, 1866 Forest Avenue, representing Friends
of Hosp Grove, addressed Council stating the public
has spoken out on Hosp Grove and she requested this
should be placed on the ballot in a manner to have it
pass.
Ann Mauch, 3710 Garfield, was recognized by Council,
and suggested the PFF and General Funds monies be used
to purchase Hosp Grove. She asked the purchase of
Hosp Grove be put on the ballot with a simple "yest1 or
rrno", with no special funding provisions included.
Charles Skiff, 3990 3ames Drive, spoke in opposition to the plan to buy Hosp Grove because of the high
price.
Craig Severson, Manager of the Carlsbad Convention of
Visitor Bureau, spoke in opposition to the Hosp Grove
funding sources, stating the hotels and motels in this
area must be competitive in order to attract tourists.
He was concerned about increasing the TOT.
Dan Hammer, 4015 Isle Drive, spoke in favor of the
Hosp Grove purchase, asking Council to put the
purchase on the ballot in a clear and simple manner,
keeping the funding sources a separate matter.
Howard Rubinroit, 2029 Century Park East, Los Angeles,
representing the owner of the property, stated the
Proposition did not pass on the November Ballot and
the alternative was the ability to develop a portion
and sell another portion to the City. He stated this
would be the last opportunity to acquire the grove, if
this is put on the ballot.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council discussion disclosed three Members of Council
preferred the Proposition to buy Hosp Grove be placed
on the ballot as a single item. Council Member Mamaux
stated he could not vote for the issue, as it is not
known where the money was coming from to make this
purchase. He felt there was an obligation to show the
means of financing.
Staff was directed to return Thursday, December 4,
1986, with all the necessary documents and resolutions
to place the Hosp Grove purchase on the ballot and
present a signed letter of intent from the property
owners and developers.
ADJOURNMENT :
By proper motion, the Meeting of December 2, 1986, was
adjourned at 9:03 p.m., to Thursday, December 4, 1986,
at 6:OO p.m., in the Council Chambers.
Respectfully submitted,
QlL2L.d. e-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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