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HomeMy WebLinkAbout1987-03-17; City Council; Minutesa 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6200 p.m. Date of Meeting: March 17, 1987 Place of Meeting: Public Safety Center, 2560 Orion Way CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present - Council Members Lewis, Kulchin, Pettine, Mamaux and Larson Absent - None. INVOCATION was given by Bishop Stephen Shipley of the Church of 3esus Christ of Latter Day Saints. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: (one motion) The Minutes of the Regular Meeting held February 24, 1987, were approved as presented. The Minutes of the Regular Meeting held March 3, 1987, were approved as presented. Minutes of the Adjourned Regular Eleeting held March 4, 1987, were approved as presented. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all ordinances and resolutions at this meeting. (92) 1. AB 88892 - Supplement #I - ENCINA ISSUES - MEETING OF FEBRUARY 25, 1987. Council approved the inclusion of tasks described in the Agenda Bill in the draft Work Plan for the possible reorganization of Encina. (105) 2. AB 118914 - AGREEMENT WITH BOYS AND GIRLS CLUB FOR (45) CONSTRUCTION OF A POOL ENCLOSURE. Council approved an agreement with the Boys and Girls Club for the construction of a pool enclosure at 3115 Roosevelt Street. (99) 3. AB W8720 - Supplement #'I - ACCEPTANCE OF PUBLIC IMPROVEMENTS - HEMLOCK CONDOMINIUMS - CT 83-39. Council accepted the 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 the subdivision. 85 1 COUNCIL \ % 7 MEMBERS Lewis Kulchin Mamaux Pettine x Larson Lewis Kulchin Mamaux Pett ine X Larson 0 0 March 17, 1987 MINUTES Page 2 (50) (84) (99) (81) (50) (67) (69) (37) - CONSENT CALENDAR: (continued) 4. AB 88915 - REFUND OF FEES. Council approved the refund of $2,860 to Holmes and Reynolds Development, Inc., for overpayment of fees . 5. AB 118916 - PURCHASE OF DUMP TRUCK. Council adopted RESOLUTION NO. 8988, accepting bids and authorizing the execution of a purchase order for the purchase of a dump truck. 6. AB 1189'17 - QUITCLAIM OF DRAINAGE EASEMENT - CT 79- 4 - RANCHO LA QUESTA, UNIT NO. 5. Council adopted RESOLUTION NO. 8989, approving a quitclaim for drainaae DurDoses over Lot 1 of Carlsbad Tract No. 79-4; lbcated on the west side of Mimosa Drive. ORDINANCE FOR ADOPTION: - 7. AB !I8908 - AMENDMENTS TO CITY PROCEDURES FOR PAYMENT AND APPROVAL OF DEMANDS. Council adopted the following Ordinance: ORDINANCE NO. 1294, AMENDING TITLE 3, CHAPTER 3.32 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 3.32.010 AND 3.32.020 TO REVISE THE PROCEDURE FOR PAYMENT AND RATIFICATION OF DEMANDS. 30INT MEETING WITH PARKS AND RECREATION COMMISSION: 8. AB #8918 - JOINT CITY COUNCIL/PARKS AND RECREATION COMMISSION MEETING. - Chairperson Barbara Donovan introduced the Members of the Parks and Recreation Commission. A. Annual Report Dave Bradstreet, Director of Parks and Recreation, introduced a slide presentation as the annual report for Parks and Recreation Department. 8. Growth Management Program/Parks and Recreation Chairperson Donovan explained the Parks and Recreation Commission concern about the written material available to the public explaining how the public facilities would be provided under the Growth Management Plan. Commissioner Popovich reported on a meeting of the Parks and Recreation Commission where Mike Holzmiller had expained that the developers had from three to five years to provide a park. Mr. Popovich read from the brochures available on the Growth Management Plan where it was stated all public facilities would be provided up front. Commissioner Popovich felt the statements in the brochures could be misinterpreted by the public. xx/ VI - MEMBERS COUNCIL k Lewis Kulchin Mamaux Pettine X Larson ~ ~ e * MINUTES March 17, 1987 Page 3 JOINT MEETING WITH PARKS AND RECREATION COMMISSION: (continued) Mayor Lewis responded stating when a tentative map is presented, there is approximately a year before it is finalized. Usually there is a two-year lapse before any construction is started on a development. At the time construction is started, the process can also start through the Parks and Recreation Commission and Council to decide on the type of park to be provided. The land is dedicated up front at this time, and then it will be up to the Commission and Council to carry through with the planning for that park. Council will need to provide funds in the CIP for the development of that park. Council Member Kulchin commented a new phase provided through the Growth Management Plan now allows for the Commission to have an active part in the planning of new parks. Commissioner Wright added the Commission had wanted park land dedicated up front, and that has been done. Now, the language in the brochures available at City Hall needs clarification. He recommended the brochures say the parks will come on line as development occurs. The three acres per one thousand population is dedicated up front, and within three to five years, the park will be developed. Chairperson Donovan commented the concept was not the problem. The problem is with the wording in the brochures. The brochures state the Growth Management Program requires appropriate public services and facilities must be available in that area when new development occurs. The Commission would like the wording clarified in those brochures to state a park would be developed at the same time the houses are being built. Commissioner Dahlquist commented the City means "land" when they say rrparkrl and the citizens interpret park as meaning a developed park. In this instance, the City is talking about park land being available. Mayor Lewis stated he felt the wording could be changed in the brochure to indicate the park land is dedicated upfront, and the park itself would be developed and available to the citizens according to the standards of the City. C . Communication Chairperson Donovan said the third item that the Commission wished to discuss with Council was the desire to improve communication with Council. She stated there was a scribe report done for each of the Commission meetings and the former Mayor responded to that scribe report. The Commission would like to have input from the Council and whether they want the scribe report to continue and whether there would be a response. Mayor Lewis stated he did want the Scribe report, and he would respond. 83 COUNCIL k %? MEMBERS I 0 0 March 17, 1987 MINUTES Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: I (48) 9. AB 88859 - Supplement #3 - HOSP GROVE FINANCING ALTERNATIVES. Mayor Lewis stated he wished to make the following statements with regard to the Hosp Grove financi-ng alternatives: 1. The voters approved the purchasing of Hosp Grove. 2. Council has the responsibility of finding the best method to purchase the Grove. 3. As elected officials, the Council must act professionally, although they may disagree with statements made from the podium. 4. The Council should hear the different funding methods after public input. 5. No finding should be made on the method of financing the purchase of Hosp Grove until the results of the court case on Propositions E and G are known because that ruling could affect the financing. Council Member Mamaux stated he had a problem with Mayor Lewis' fifth statement. He said there was no time frame to know when Propositions E and G would be mitigated. He felt Council could not have a hiatus for three or four years, but needed to look at the $650,000 obligation for twenty years and accede to the wishes of the people. Mayor Lewis added that on April 21st there should be a ruling on Propositions E and G. He asked Council defer making a decision on this financing until after April 21. 3im Elliott, Finance Director, gave the staff report as contained in the Agenda Bill, using transparencies to illustrate the information contained in the packet. Council Member Mamaux commented that any tax increase takes a vote of the people and there was no guarantee the people would vote in favor of such increase. He recommended a freeze on City hiring of any employees until Hosp Grove financing has been resolved. Dennis Meehan, 3981 Gloria Lane, addressed Council stating it was Council's duty to find a responsible manner of financing the Hosp Grove purchase that would not sacrifice other services in the City. He stated the ballot was worded in a way to give the people the impression that long-term financing would be used. He felt that method should be used by Council. 82 -r I COUNCIL k %? MEMBERS i 4 0 MINUTES March 17, 1987 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Archie Hicks, 1831 Valencia, was recognized by Council and stated that Carlsbad is a growing City with a need for more services. He felt the following things should be done now: the library in south Carlsbad, child care centers in the north and south areas, Rancho Santa Fe Road, active parks, and senior centers in both the north and south parts of the City. Mr. Hicks suggested general obligation bonds could be presented to the voters now to pay for the entire package including Hosp Grove. Girard Anear, 1728 Calavo Court, representing Taxpayers for a Rational Acquisition of Hosp Grove, addressed Council questioning the ethics of the proponets for the purchase of Hosp Grove during the election. As far as the election, he stated the wording on the ballot made this an advisory measure and he questioned whether this was actually the law. He recommended Council go back to the fall-back position of purchasing a portion of Hosp Grove for approximately 9 million dollars. City Attorney Vincent Biondo explained that this vote was a Proposition H vote, which was advisory. However, the Council had previously approved a Letter of Agreement with the property owners obligating the City to purchase the property if the advisory measure received the "yes" vote. That leaves the City with a legal commitment. games Courtney, 4914 Avila, addressed Council, stating Hosp Grove was on the ballot to be financed and paid for over twenty years. This would involve borrowing the money and issuing bonds, and he urged Council to stick with that decision. He did not feel the City should take cash and dump it into the trees. Mr. Courtney suggested the $3.5 million surplus be used to start development of Macario Canyon. Virginia Thompson, 330 Chestnut, was recognized by Council and stated the voters voted to buy the grove and many would support raising the hotel and business license tax in order to make this purchase. She stated Carlsbad was low in the TOT tax. She suggested the Arts Commission might share some of their allotment to help purchase this grove. Paul Graham, La Costa Hotel & Spa, addressed Council stating it would not be painless for the hotel industry if the TOT tax were to be raised. Mr. Graham referred to his letter to the City and his previous appearances at Council speaking in opposition to any increase in the TOT tax. He reiterated the hotel industry is very competitive and there has been a large increase in the number of hotel rooms available in North County. Mr. Graham felt increasing the TOT tax would be a step backwards and asked Council to find some alternative means of funding the purchase of Hosp Grove instead of increasing the TOT tax. 81 7 COUNCIL \ %? MEMBERS e a MINUTES March 17, 1987 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Kay Christiansen, P.O. Box 188, representing the Merchants of Carlsbad, addressed Council stating General Obligation Bonds would take care of building the facilities needed now and was the most feasible way to put Carlsbad in a healthy sustained position. Mrs. Christiansen felt that increasing the hotel tax would be a poor way to fund the purchase, inasmuch as the tourist industry brings the cleanest money into the City. She felt people should be asked to support a General Obligation Bond that would reflect on the tax bills of all the citizens. Mrs. Christiansen said the total buildout is several years away and it is necessary to have the funds now to provide the facilities needed for the population at the present time. She felt it was necessary for the City to maintain its reserve for City services. Dan Hammer, 4015 Isle Drive, addressed Council stating this was a success story for Carlsbad. He said the friends of Hosp Grove will work to make this purchase of Hosp Grove a success. They will volunteer to clean up the park twice a year to help Parks and Recreation with maintenance. He spoke of grants that would be available and stated they are working with the Conservation League on a bond issue for a purchase payback. Stephen Densham, 3965 Monroe, representing the Village Merchants Association, stated it was time for the people to stand behind the Council decision. He suggested General Obligation Bonds and/or Certificates of Participation to include all other projects needed at the present time and get all of them done now. Mr. Densham urged Council not use current money. He felt no one group in the City should have to pay for this purchase, but the entire population should share equally . Mayor Lewis reiterated his suggestion to wait until a ruling is received on Propositions E and G before making a decision on financing. City Attorney Vincent Biondo stated the judge had indicated today the matter would be heard on April 21st and there would be a ruling given at that time. The other Council Members indicated they did not wish to wait until after April 21 to make a decision. In response to Council query, City Attorney Vincent Biondo stated that under Proposition 62 passed in November, special taxes require a majority vote of Council to be on the ballot and a 2/3 vote of the people. General Revenue increases require 213 vote of Council, but a majority of the voters. If the TOT fee was increased to fund the purchase, that would require a 213 vote. If the PFF were raised, that would require a simple majority. Mayor Lewis commented the 2.5 PFF tax has to be ratified by the voters prior to November of 1988. Council Member Pettine stated the PFF fund could be raised, inasmuch as they were already going to the voters on this issue. 80 - /q COUNCIL %? MEMBERS .Z., i I ~ m 0 MINUTES March 17, 1987 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) The memorandum written by City Manager Frank Aleshire was referred to by Council, and the statement was made if City Council designated Hosp Grove a park area the PFF money goes into a fund to pay for parks. The suggestion was made to consider adding this 52-acre purchase to the existing Hosp Grove park which the City already owns. At this point the City has 27 acres of Hosp Grove designated as a park. Council could expand this park by the 52-acre purchase and include the cost in the PFF Fees. One recommendation was the Robertson park land might not be necessary due to the changes to the Growth Management Program in November. If Council wanted to designate Hosp Grove as a park, there could be a payback rather than out of the General Fund, as suggested. Mr. Aleshire stated the Robertson property is in the CIP Program for land acquisition in the amount of $2.5 million. This money has been allocated at the present time and could be spent this year for that property. In answer to Council query, Mr. Aleshire stated if Hosp Grove was indicated a park, the money allocated for the Robertson property could be shifted to Hosp Grove. This could serve as a down payment and the rest could be financed with PFF Funds. This would leave the reserve intact. Council Member Mamaux expressed his concern with this type of shift in funds and stated this would make an imbalance in the northwest quadrant, which is without a park facility at the present time, with the exception of Hosp Grove. He stated the standards would have to be changed in order to achieve this type of shift. He also stated the Parks and Recreation Commission last evening rejected that plan completely. He reiterated his belief that funds should come from the General Fund where everyone would pay a fair share. Council Member Kulchin stated Hosp Grove is not a park--it is open space. She stated she could not support taking from one area to give to another area, and stated she was not ready to make a decision tonight. Dave Bradstreet, Parks and Recreation Director, stated the element calls for community parks of at least 20 acres. He stated the City has different types of parks, with some being passive/natural, and Hosp Grove is one of those. Larwin is a also a passive/natural park. Hosp Grove is designated as 27 acres of community park under the Quimby Act. This was done before the element was changed and that was accepted by the City as a community park. 39 - COUNCIL k %? MEMBERS I 1 - 0 0 MINUTES March 17, 1987 Page 8 COUNCIL \ % 4 MEMBERS DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Mr. Bradstreet stated the Parks and Recreation Commission now wants to look at developing Larwin Park. If that is taken off of the park list, there would be a deficiency in the northeast quadrant. Mayor Lewis stated he had difficulty with having just one zone in the north area. He felt the Parks and Recreation Commission should have input. Council continued this item for one week. RECESS: Mayor Lewis declared a recess at 8:08 p.m., and Council reconvened at 8:20 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) (97) IO. AB 118919 - LA COSTA AVENUE AND EL CAMINO REAL (45) INTERSECTION IMPROVEMENTS - PR03ECT NO. 3215. (81) 3ohn Cahill, Project Manager, gave the staff report as contained in the Agenda Bill, referring to two exhibits; one an aerial photograph showing La Costa Avenue from El Camino Real to 1-5 and the other exhibit showing the right-of-way required to perform the La Costa Corridor Project. Larry Clemens, 7707 El Camino Real, representing HPI Development Company, addressed Council assuring the cooperation of Hunt Development Company in securing the necessary mitigation and right-of-way necessary for the improvements, including the intersection. He stated once they receive the documents, they expect to have them executed and back to the City within 10 days. 3ohn Cahill stated he has the documents as of this evening, and Mr. Clemens will have them tomorrow morning. Council approved the following Resolution: RESOLUTION NO. 8990, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS, ACCEPTING EASEMENTS, APPROVING CONSULTANT AGREEMENTS, AND APPROPRIATING FUNDS FOR THE LA COSTA AVENUE AND EL CAMINO REAL INTERSECTION IMPROVEMENT PR03ECT, NO. 3215. IV __I 92 I Lewis Kulchin Pett ine M amau x Larson Lewis Kulchin Pettine Mamaux Larson I + X I I X e a MINUTES March 17, 1987 Page 9 I DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) (81) I I. AB /I8920 - LEASE OF CITY PROPERTY - CARLSBAD BOULEVARD AT AVENIDA BATIQUITOS. - Ray Patchett, Assistant City Manager, gave the staff report as contained in the Agenda Bill, using a transparency to show the property and the offramps. Sammis Properties has proposed an alternative, for an option on both parcels. Staff has recommended only parcel 2. I 3on Briggs, 2650 Camino del Rio North, San Diego, representing Sammis Properties, addressed Council stating Sammis' concurrence with the staff report. Sammis Properties will continue to request Council to give them an option to lease both parcels to proceed with the orderly planning process throughout the entire development. Mr. Briggs stated there was one additional request, and that was for Council to direct staff to make a decision on the final alignment of remaining frontage of Carlsbad Boulevard which needs to be incorporated into the Assessment District. That could come to Council by the end of April, the bonds issued in July, and work begun immediately to complete during the summer. Mr. Briggs concluded, reiterating his request to grant an option on both parcels. Council approved the staff recommendation for the disposition of surplus property by negotiation of an option to make a long-term lease for property located at the south Ponto interchange (to be renamed Avenida Batiquitos) with Sarnmis Property, Incorporated. I (28) 12. AB W8921 - CARLSBAD HISTORIC PRESERVATION COMMISSION APPOINTMENT. I I Council approved the following Resolution: RESOLUTION NO. 8991, REAPPOINTING KAY CHRISTIANSEN TO THE HISTORIC PRESERVATION COMMISSION. I (28) 13. AB #8901 - ESTABLISHMENT OF CHILD CARE TASK FORCE Council adopted the following Resolution: RESOLUTION NO. 8975, CREATING AND ESTABLISHING A CHILDCARE TASK FORCE. The members appointed to the task force are: Jeanne McFadden Julianne Nygaard Doris tipska Diane Sparks 3im Hicks Barbara Ford Anna Knox Barbara Hallman Jan Freeman - - - - - - - - - Planning Commission School District Board of Trustees Childcare provider Chamber of Commerce Citizen Citizen Citizen Citizen Citizen I 33 c \v COUNCIL %? MEMBERS 5 Lewis Kulchin Pettine M amau x X Larson Lewis Kulchin Pettine M amau x Larson X Lewis Kulchin Mamaux Pettine X Larson 1 0 0 MINUTES March 17, 1987 Page 10 I INFORMATION ITEM: (39) 14. Report on City Investments. PUBLIC COMMENT: Ken Krysko, 2411 La Pluma Lane, addressed Council stating he works for Children's World and they have been searching for a site for a child care center for three years now. They found two sites and presented those to City staff. Staff was favorable toward one site. Mr. Krysko had met today with staff and had been told that neither site was suitable for child care. There would be no further review and no further discussion. Mr. Krysko stated he has 240 sites over the nation, with nine centers in San Diego County. Council directed the City Manager to investigate this comment . COUNCIL REPORTS: NCTD Council Member Kulchin reported on the meeting held last Thursday. Depot Rehabilitation Committee Council Member Kulchin reported on the Depot Rehabilitation Committee Meeting with the architect. - Buena Vista Lagoon Committee Council Member Larson stated the Joint Powers Group was looking to Carlsbad for leadership on the duck feeding area, and also refurbishing the islands in the lagoon. The earliest time for this would be one year from the coming summer. CITY ATTORNEY COMMENTS: City Attorney Vincent Riondo gave an update on the hearing to date on Proposition E versus G Lawsuit. He reported the judge had lifted the moratorium to allow the City to issue 1,000 building permits. With permit 1,001, the petitioner would have five days to appear in court and file a bond in the amount of $10,000 for each dwelling unit if they wish the stay order to remain in effect. If they do not file the bond, the stay is automatically lifted for that building permit. Lifting of the stay and the reinstatement of the ability to issue building permits is effective immediately. I 36 - \y 5 COUNCIL "0 I MEMBERS Z. ' %9 .- .I, 0 MINUTES March 17, 1987 /y Page 11 CoUNC'L e* ( %9 MEMBERS AD30URNMENT: By proper motion the Meeting of March 17, 1987, was adjourned at 9:12 p.m. Respectfully submitted, (gkz&fA d-Q& ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB: tb 3.5-