HomeMy WebLinkAbout1987-01-13; City Council; Minutes3 0 e MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: 3anuary 13, 1987
Place of Meeting: City Council Chambers
CALL TO ORDER:
Mayor Lewis called the Meeting to order at 6:02 p.m.
ROLL CALL was taken by the City Clerk, as follows:
".-
" I Present - Council Members Lewis? Kulchin,
Pettine and Mamaux.
I Absent - None.
I APPROVAL OF MINUTES:
Minutes of the Regular Meeting held December 16, 1986,
were approved as presented.
PUBLIC COMMENT t
No one submitted a request to speak during the Public
Comment period.
CONSENT CALENDAR:
Council Member Pettine requested Item Nos. 1 and 2 be
withdrawn from the Consent Calendar.
Council affirmed the action of the Consent Calendar,
with the exception of Item Nos. 1 and 2? as follows:
(84)
(84)
(45)
(36)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
1. AB 88854 - DISPOSAL OF SURPLUS CITY PROPERTY. -
This item was withdrawn from the Consent
Calendar.
2. AB 88855 - PURCHASE OF OFFICE FURNITURE.
This item was withdrawn from the Consent
Calendar.
3. AB 88856 - APPOINTIVE OFFICE LIST OF VACANCIES FOR
1987. I -
Council acknowledged receipt of the list of
vacancies in appointive offices for 1987, and
directed the City Clerk to publish and post the
list.
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ITEMS WITHDRAWN FROM THE CONSENT CALENDAR: ""-
(84) I. AB 118854 - DISPOSAL OF SURPLUS CITY PROPERTY. "-."
(84) 2. AB 1#8855 - PURCHASE OF OFFICE FURNITURE.
(45)
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Council Member Pettine requested Item Nos. I and 2 be
withdrawn from the Consent Calendar to determine
whether the disposal of surplus equipment and the new
office furnishings for the various departments in City
Hall had been coordinated in order to use as much of
this surplus equipment as possible.
Ray Patchett, Assistant City Manager, reported most of
this equipment was left over from the Police
Department and not suitable for City use. He stated
he would take another look at the equipment to see if
any can be salvaged for City use. Mr. Patchett stated
the various departments had gone through the material
in storage and it was pretty well picked over.
Council Member Pettine recommended these items be
continued two weeks in order to have the equipment
checked again for possible use by other departments of
the City. 1
Council Member Mamaux said a policy statement should
be issued giving the procedure for disposal of surplus
property, and that procedure followed completely
before the item comes before Council.
Council continued AB 88854 - DISPOSAL OF SURPLUS CITY
PROPERTY and AB 88855 - PURCH\SE OF OFFICE FUNITURE
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I JOINT HEETING WITH ARTS COWHISSION I
(28) 4. AB #8857 - 30INT CITY COUNCIL/ARTS COMMISSION " MEETING . -
Joe Bear, Chairman, Arts Commission, addressed Council
stating this was the Commission's chance to obtain
Council's thoughts and ideas on how to approach the
second year of the Arts Commission. Mr. Bear gave the
history of the establishment of the Arts Commission,
stating the purpose was to advise the City Council on
the implementation of the Arts Element of the General
Plan.
Mr. Bear introduced the Members of the Arts
Commission, Commissioners Roston, Straub, Brierley,
Frye, Bischoff, Meilach and Chairman Bear.
Commissioner Straub spoke on the importance of art to
the Carlsbad Community in general.
Connie Reardsley, Manager of the Cultural Arts Program, gave a review of the services the Arts
Commission performs: namely, information services,
arts in education, special events, grants program, art in public places and arts advocacy.
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JOINT MEETING WITH ARTS COMMISSION
(continued)
Chairman Bear reviewed the funding for the Arts
Commission, stating one percent (1%) of the Capital
Improvement Program in any fiscal year had been
earmarked for the arts. Any expenditure in excess of
$10,000 must be approved by Council. The Arts Fund
for the year 1985-86 was $156,000.00, and the total for 1986-87, is $192,000.00. Mr. Bear commented at
the August 12, 1986, meeting Council turned down the
Arts Commission proposal for sculpture at the Safety
Center and the Commission questioned whether to use
the same process or alter the process for art
selection. The Commission would like to involve
Council in the initial selection criteria in general
and the specific process for the outdoor sculpture at
the Safety Center.
Connie Beardsley spoke of all forms of art and
presented slides depicting examples of public art from
early art up throuah present day art in San Diego
County.
Ms. Beardsley explained the request for proposal for a
sculpture at the Safety Center as contained in the
Agenda Bill, and requested Council consideration of
same .
Mayor Lewis stated his preference for a theme to be
carried out in the art pieces. He reiterated the
comments he received on the originally proposed
sculpture for the Safety Center.
In response to Council query, Chairman Bear stated the
Commission wanted to make public input on the
maquettes a vital part of the process.
Council Members expressed approval of the maquette
concept, but felt consideration should be given to
locating the City's first piece of public art at a
site other than the Safety Center.
Ms. Beardsley stated the Commission wanted close
communication with Council to review the selection
process at every stage. She added other locations
have been discussed for works of art, such as the
Redevelopment Area, playground sculpture at Stagecoach
Park, or the seawall with benches or functional works
of art.
Maurice Kimball, 1623 James Drive, addressed Council
in opposition to spending approximately $67,600.00 on
sculpture for the Safety Center. He felt there was a much better use for that money.
Ms. Beardsley stated as a result of Council comment,
the Commission desired to withdrawal the draft
proposal and take the proposal back to the next
Commission meeting.
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DEPARTMENTAL AND CITY MANAGER REPORTS:
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(70) 5. A5 88858 - CONTRACT WITH SAN DIEGO COUNTY AREA
(45) "IXVICk 10 StNgaR CITIZENS.
Dave Bradstreet, Parks and Recreation Director, gave
the staff report as contained in the Agenda Bill.
Council authorized staff to contract directly with the
San Diego County Area Agency on Aging (AAA) to provide
nutrition, mobile meals, and transportation services
to the senior population of Carlsbad.
(48) 6. AB 88859 - HOSP GROVE FINANCING.
Jim Elliott, Finance Director, explained the ten
alternatives considered for financing the Hosp Grove
purchase.
Ray Patchett, Assistant City Manager, gave the re-
recommendations as contained in the Agenda Bill. It
was stated the only unobligated money out of the
City's revenue is $3.9 million dollars.
Council Members stated they would like to identify the
Capital Improvement Projects, that could be eliminated in the event the Hosp Grove purchase had to be
financed. Staff indicated there were not many options
available as far as items to be deleted from the
existing list.
Assistant City Manager Frank Mannen distributed a
report on the Hosp Grove open space showing the
developing area of Hosp Grove Master Plan with the
Proposition H purchase, which would result in an
undeveloped area of 60 acres. The commercial
alternative would leave a total of 43 acres of
undeveloped area, a difference of 17 acres.
Council Member Mamaux stated the Council did not have
the authority to raise taxes without a vote of the
people. He felt it could not be stated the City could
afford Hosp Grove without a tax increase.
Paul Graham, 7682 El Camino Real, representing La
Costa Hotel and Spa, addressed Council stating he had
spoken before regarding the proposed increase in the
TOT tax, and he was here tonight to re-emphasis those
concerns. Mr. Graham stated any increase in the TOT,
particularly a proposed three percent (3%), would be a
substantial increase and would affect their ability to
attract large groups of people.
Hap L'Heureux, representing the Carlsbad Chamber of
Commerce, addressed Council stating it was obvious
from the report that financing for an unbudgeted item
is very difficult and would have major long-term
effect on the City. The concern of the Chamber of
Commerce is for the City to provide a stable long-term
income stream for the repayment of such a debt
project. Mr. L'Heureux suggested a task force be
formed to look at financing alternatives.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
"
Jim Courtney, 4914 Avila, representing CARA, addressed
Council in opposition to the purchasing and spending
of this money to preserve ten acres of commercial
development and a similar number of acres for an
infill project. Mr. Courtney asked what will it cost
the citizens of this City to buy two corners and one
site on the hill. He asked whether the City could
really afford that. This is a tremendous cost to the
City and the City does not have the money.
Mr. Courtney stated the Council must identify now what
this is aoing to cost the citizens of Carlsbad and
what they will lose. He requested it be shown what position this cost would put the City in and he asked
the Council to take a stand against this purchase.
Dan Hammer, 4015 Isle Drive, addressed Council,
thanking them for putting this issue back on the
ballot. He felt the needs of the citizens should be
served, and this was a mandate to save the City and
Hosp Grove.
Clarence Schlehuber, 4085 Sunnyhill Drive, read from
the ballot arguments on the Hosp Grove purchase. Mr.
Schlehuber pointed out the $300,000 for the extension
of Elm Avenue, east of El Camino Real was included in
the $3.9 million and should not be. He called
attention to page 9 of the report, indicating the City
would have to widen Monroe Street and fix the
drainage. Mr. Schlehuber stated the voters would not
see this report, but would only see the arguments as
filed for the ballot. He felt these statements on the
ballot were not correct and stated the citizens should
be informed that the City of Carlsbad cannot afford
this purchase without curtailing City services. The
ballot argument states as of 1985-86, there was $5.5
million cash available, and this could be applied to
the purchase price. The citizens should be informed
that there is only $3.9 million available minus the
$800,000. There would be a substantial street and
storm drain requirement and the ballot argument stated
the street and storm drain costs would be shared by the adjacent developers. Mr. Schlehuber stated this
is a misrepresentation and distortion. If the ballot
arguments are what the voters see, he wanted the truth
on the ballot and wanted that corrected.
Mayor Lewis stated the construction across the street, where the new mall is being built, has a condition if
Monroe Street is not completed by the time they start
their construction, they must complete it.
Frank Mannen stated when Hughes Investment Development
builds its project at 3efferson Street and Marron Road, they have an obligation to add twelve feet of
travel lane to Monroe Street from Monroe and Marron intersection up to where Monroe Street widens out.
The curb, gutter, sidewalk and drainage improvement
may be modified if the desilting basin stays there.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Mayor Lewis stated as far as Elm Avenue east, they
have been talking about going ahead with that
extension at the same time Elm Avenue west of El
Camino Real is put through. Ray Patchett stated that
$800,000 is included in that, bringing that $3.9
million down to $3.1 million and adjusting the loan
from the Sewer Fund upward.
City Attorney Vincent Biondo stated Council voted not
to become involved in the ballot arguments on the Hosp
Grove purchase. The people responsible for making
those statements are the ones to be contacted with
regard to the content.
Richard Martin, 2350 Cipriano Lane, addressed Council
in opposition to the Hosp Grove financing, stating he
did not believe this was in the best interest of the
City. If the $3.9 million were used, this would
reduce that fund for future capital projects. This
will affect the library, Senior Citizen Center, Las
Palmas and extension of Elm Avenue east. He felt that
borrowing the $2.9 million from the sewer fund would
not affect the improvement program for five years, but
repayment might pose problems in the budget. The City
will have a smaller stream of income than in the past
years, and the surplus would not be enough to pay the
principal and the interest on this loan money. It
would have to come from the General Fund, and that
would mean a reduced level of services, which would
not be popular.
Council Member Marnaux stated he had said he would vote
to use Redevelopment money for the Senior Center, and
the purchase of Hosp Grove would not jeopardize that.
He felt the citizens should be shown the impact of
what this would do. He did not believe the surplus
that has existed in the past will exist in the future,
and everyone should recognize that fact. A
contingency plan is needed if the voters fail to vote
the increase to indicate how this could be paid. This
must be known before March.
Council Member Pettine stated over 10,000 citizens
voted to preserve Hosp Grove and would tax themselves
to do that. He agreed that the community needs to
have the maximum amount of information of what they
will be giving up. He stated he would like to see a
list of the projects that could be deleted if Hosp
Grove is purchased. He felt he needed more
information before selecting any financing.
Mayor Lewis stated there are scare tactics being used
as far as the Senior Center and library building are
concerned, and a task force should be established to
present both sides. He asked for a list of items to
be deleted in order to study that. Also, figures on the TOT and Business License tax increases.
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1 I DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
City Manager Frank Aleshire stated it is not possible
to give a list of projects at the present time. If
the City's revenues increase more than expected, there
will be an excess. The only way to avoid making those
choices would be to create additional tax. He stated
he could give Council a list of Capital Projects, with
the choices to be made at a later date.
Council Member Mamaux wanted to know how the City
would spend the $3.1 million. Mayor Lewis stated he
wanted the public to be aware of this to see what they
would want to give up. If Hosp Grove is not to be
bought, what would be recommended for that money.
City Manager Frank Aleshire stated he would come back
in two weeks with a report. He stated inasmuch as
there would be no Council Meeting on January 20, 1987,
this report would be given on January 27, 1987.
RECESS :
Mayor Lewis declared a recess at 8:47 p.m., and
Council reconvened at 8:59 p.m., with all Members
present. ..
I DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(78) 7. AB #€I860 - REPORTING REQUIREMENTS RELATING TO SALE
OF CHEMICALS USED IN PRODUCING CONTROLLED
SUBSTANCES.
Police Chief Vincent 3imno gave the staff report as
contained in the Agenda Rill.
I Council introduced the following Ordinance:
ORDINANCE NO. 3208, AMENDING TITLE 8 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.51
RELA.rING TO THE SALE OF CHEMICALS USED IN PRODUCING CONTROLLED SUBSTANCES.
(102) 8. AB 88850 - Supplement #I - APPROVAL OF AGREEMENT
(45) REGARDING RANCHO SANTA FE ROAD TRUCK TRAFFIC.
Assistant City Manager Frank Mannen distributed copies
of the revised agreement between the City of Carlsbad
and the City of San Marcos, Exhibit A. He called
attention to changes made in the documents, as
follows t
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
In Exhibit A, in the fourth paragraph of the first
page, the word "temporary" was inserted before truck
route. In Section No. 2, a sentence was added after
April 30, 1987. The sentence added was "In the event
that the truck bypass route is completed prior to the
reconstruction of Rancho Santa Fe Road to its proposed
six-lane configuration south of La Costa Avenue, the
City of Carlsbad will reopen the entire roadway to
northbound truck traffic or provide an alternate route
utilizing the Mision Estancia loop or some other
alternative approved by the City Council." Mr. Mannen
stated San Marcos would not hold the City to an absolute April 30th deadline, if the loop is close to
being completed by that time. The City of San Marcos did ask for that sentence to be added to Section No.
2. In Ordinance No. 3209, Subsection (m) the word
"temporary" was inserted before truck bypass.
Council Member Mamaux questioned the first sentence of
the Agreement, Exhibit A, stating "WHEREAS, permanent
alignment of Rancho Santa Fe Raod through the City of
Carlsbad will not be finalized before three to five
years;"and stated he wanted a clarification of the
word "alignment". Mr. Mannen stated the alignment
will be before Council shortly for decision and a
proposal for financing and building of Rancho Santa Fe Road to that alignment. Council Member Mamaux stated
the permanent alignment should be determined within
six months and construction within three to five
years. He felt the people were concerned with where
the road would go and how soon it would be built.
Council Member Mamaux stated he wanted a commitment on
the specific alignment of that road, so the people in
the area wou1.d know when the final alignment was going
to be made. He felt there should be a time frame
listed, and felt six months was certainly enough time
for the alignment to be finalized. Council Member
Mamaux stated he would like the sentence to read "The
permanent alignment of Rancho Santa Fe Road through
the City of Carlsbad would be finalized within six
months and construction would be within three to five
years. It
Dennis Price, 7515 Cadencia Street, representing
Citizens to Save Rancho Santa Fe Road, addressed
Council stating this agreement had come about because
of a threat by the City of San Marcos because of the
damage to their streets. He stated nothing had been
said about the damage done to Carlsbad streets. Mr. Price stated this was making Rancho Santa Fe Road open
to all trucks, where they actually need to have a
bypass. He recommended downgrading Rancho Santa Fe Road to a major arterial, as San Marcos has on their
portion of the road. The citizens in that area do not
want heavy trucks coming through the neighborhood. He
concluded, stating south Carlsbad had enough problems
without generating any new ones.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
3im Popovich, 7436 Trigo Lane, addressed Council
stating he thought the Rancho Santa Fe Road problem and trash problem has been resol-ved. He reiterated
comments made at the last Council meeting which noted
this was a temporary working solution for the present
problem. Mr. Popovich stated if Rancho Santa Fe Road
is made into a truck route, there will be not only the
150 trash collection trucks, but 500 other general
type trucks daily. Mr. Popovich stated the Citizens
were led to believe only trash trucks were involved.
He felt there had been a change made and Council was
now opening the road to all trucks northbound.
Mayor Lewis stated this is not a permanent truck
route; but a temporary truck route. Mayor Lewis
stated previous discussion related to all trucks, not
just trash trucks.
Jack Spirit, 3340 Cadencia Street, addressed Council
stating he felt there had been some confusion and
misunderstanding and asked Council to postpone voting
on this Ordinance until the entire matter had been
given more thought. Mr. Spirit stated there were some
inconsistencies as far as the use of the words "truck
route" and "trash truck".
Mr. Spirit questioned Item No. 5 of the agreement,
which stated "The City of San Marcos agrees to allow
northbound solid waste trucks to travel on San Marcos
City streets." He stated he wondered how Oceanside
would get their trucks to the landfill. He felt that
the agreement was not equitable and should be delayed.
Debbie Davis, 7525 Quinta Street, was recognized by
Council, and stated she opposed Rancho Santa Fe Road
as a temporary or any form of truck route. This only
benefitted the truckers and the trucking companies,
but certainly did not benefit the residents.
Tom Erwin, 7703 Garboso Place, addressed Council
asking for clarification of Exhibit A, the agreement
between San Marcos and Carlsbad, as to whether it was
a temporary truck route or permanent. Frank Mannen
stated it was temporary and would be for truck traffic
going north. Southbound truck traffic is prohibited.
Mr. Erwin questioned Subsection (1) of Ordinance No.
3209. This Subsection states "Rancho Santa Fe Road
from Olivenhain Road to La Costa Avenue."
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3anuary '13, 1987 Page 10
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
City Attorney Vincent Biondo stated it would be easy
to eliminate Subsection (1) and change Subsection (m)
to read: "Rancho Santa Fe Road for one-way northbound
traffic only limited to the temporary truck bypass
from Olivenhain Road to Questhaven Road."
I Council adopted the following Resolution and
introduced the following Ordinance: (one motion)
RESOLUTION NO. 8938, APPROVING AN AGREEMENT WITH THE
CONSTRUCT A TRUCK BYPASS ALONG RANACHO SANTA FE ROAD
IN THE CITY OF CARLSBAD.
ORDINANCE NO. 3209, AMENDING TITLE IO, CHAPTER 10.32,
SECTION IO. 32.091 OF THE CARLSBAD MUNICIPAL CODE BY
THE ADDITION OF SUBSECTION (1) AND (m) DESIGNATING
PORTIONS OF RANCHO SANTA FE ROAD AS TRUCK ROUTES;
Deleting Subsection (1) and changing Subsection (m) to
read: "Rancho Santa Fe Road for one-way northbound
traffic only limited to the temporary truck bypass
from Olivenhain Road to Questhaven Road."
c1-w OF SAN MARCOS AND THE COUNTY OF SAN DIEGO TO
(28) 9. AB #a861 - STAFF REPORT ON BEACH EROSION
(70) COMMITTEE.
Due to the time, Council continued the matter to
the next meeting.
(28) 10. AB 88851 - Supplement #I - APPOINTMENT OF TASK
FORCE TO CONSIDER IMMIGRATION PROBLEMS IN
CARLSBAD.
Council adopted the following Resolution:
RESOLUTION NO. 8941, ESTABLISHING AN IMMIGRATION STUDY
TASK FORCE AND APPOINTING MEMBERS THERETO.
CLOSED SESSION:
(41) 1.1. CLOSED SESSION PENDING LITIGATION.
Council authorized a Closed Session reqardinq pendinq
litigation as follows: To discuss Metiger vs.'City of
Carlsbad Dursuant to Government Code Section
54956.9(a).
Council adjourned to the Closed Session at 9:58 p.m.,
and reconvened at 10:02 p.m. Council had instructed
the Attorney to proceed with the legal procedures.
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ADJOURNMENT :
By proper motion the Meeting of January 13, 1987, was adjourned at 10:03 p.m.
Respectfully submitted,
-7 ALETHA L. RA TENKRANZ -A
City Clerk
Harriett Babbitt
Minutes Clerk
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