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Home My WebLink About1987-04-14; City Council; Minutes' 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: April 14, 1987 Place of Meeting: Public Safety Center, 2560 Orion Way MEMBERS COUNCIL k Council adopted RESOLUTION NO. 9014, accepting a bid and authorizing the execution of an agreement I CALL TO ORDER: " I Mayor Lewis called the Meeting to order at 6:OO p.m. I ROLL CALL was taken by the City Clerk, as follows: Present - Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent - None. APPROVAL OF MINUTES: (one motion) I Minutes of the Regular Meeting held March 17, 1987, were approved as presented. Minutes of the Regular Meeting held March 24, 1987, were approved as presented. Lewis Kulchin Pettine M amau x Larson CONSENT CALENDAR: City Manager Frank Aleshire requested Item No. 6 be removed from the agenda. Council Member Pettine requested Item No. 3 be withdrawn from the Consent Calendar. Council affirmed the Consent Calendar, with the exception of Item Nos. 3 and 6, as follows: Lewis Kulchin Pettine M amau x Larson WAIVER OF ORDINANCE TEX-T READING: I Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (84) 1. AB {I8953 - UNIFORM AND LAUNDRY SERVICE. for uniform and laundry service. I 2. Number not used. I (26) 3. AB 88559 - Supplement 112 - CANNON ROAD ASSESSMENT DISTRICT. This item was withdrawn from the Consent Calendar. (99) 4. - AB 86858 - Supplement #5 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - TAMARACK SHORES - - CT 81-44. 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 the subdivision. ~ lH I .)- X X 0 0 MINUTES April 14, 1987 Page 2 I I CONSENT CALENDAR: (continued) (99) 5. AB 118956 - ACCEPTANCE OF DEED - PD-286. (81) Council adopted RESOLUTION NO. 9017, accepting a grant deed conveying an easement for waterline purposes off of Rutherford Road. (97) 6. AB 117897 - Supplement #3 - CARLSBAD BOULEVARD (45) BRIDGE, PHASE I, PROJECT NO. 3098. (99) (81) (99) (81) (99) (81) (97) (45) (26) This item was removed from the agenda. 7. A5 118957 - ACCEPTANCE OF GRANT DEED - PD-287. Council adopted RESOLUTION NO. 9019, accepting a want deed conveyinq an easement for waterline purposes off of klm-Avenue. 8. AB #7769 - Supplement #6 - QUITCLAIM OF DRAINAGE EASEMENTS - CT 83-20 - MULTITECH PROPERTIES, INC. Council adopted RESOLUTION NO. 9020, quitclaiming easements for drainage purposes over Lot 1 of Carlsbad Tract No. 83-20 to Multitech Properties, Inc. 9. AB 87769 - Supplmenet 117 - QUITCLAIM OF DRAINAGE EASEMENTS - CT 83-20. Council adopted RESOLUTION NO. 9021, quitclaiming easements for drTinage purposes over Lots 1 and 3 of Carlsbad Tract No. 83-20 to L. Allan 3andro and L. Afton Jandro. 10. AB f8645 - Supplement 112 - HARDING STREET FLASHING BEACONS - PR03ECT NO. 3234. ~ ~~ Council accepted. the construction of the Harding Street flashing beacons as complete; directed the City Clerk to record the Notice of Completion; and authorized the Director of Finance to close the project account following completion of all final claims and costs associated with the project. ITEM WITHDRAWN FROM THE CONSENT CALENDAR: 3. AB 1,8559 - Supplement #2 - CANNON ROAD ASSESSMENT DISTRICT. Council Member Pettine requested a staff report on this item. Assistant City Manager Ray Patchett gave a staff report explaining the status of the project. Council Member Pettine asked whether they ought to be improving this at this stage prior to the zone plan. Ray Patchett stated there is an advantage to move forward at this time, inasmuch as it is a PFF road. The median will be built and two lanes to the bridge. Any road improvement after that would be the developer's responsibility and picked up through the zone plan. //3 - COUNCIL \ %? MEMBERS 1 e e MINUTES April 14, '1987 Page 3 y COUNCIL "0 d MEMBERS Z. ' %Y Page 3 y COUNCIL "0 d MEMBERS Z. ' %Y ~ ITEM WITHDRAWN FROM THE CONSENT CALENDAR: (continued) Council Member Pettine commented if four lanes were needed at a later time, what was staff's position, and staff answered that would be the developer-required improvement and they would have to pay. Mayor Lewis reiterated the Public Facilities Fee portion would build a two-lane road and the bridge. When the zone plans are brought to Council, all other improvements will be the responsibility of the developers. Council adopted the following Resolution: RESOLUTION NO. 9016, APPROVING THE SEVENTH SUPPLEMENTAL AGREEMENT TO AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE FIRM OF NBS/LOWRY FOR CONSULTING ASSESSMENT ENGINEERING SERVICES. PRESENTATION: Mayor Lewis read a Proclamation for Public School Week, April 19-25. Lloyd Thompson, Carlsbad/Oceanside Masons Association accepted the Proclamation. ORDINANCES FOR ADOPTION: (114) 11. AB 118948 - ZONE CODE AMENDMENT - GROWTH (77) MANAGEMENT - ZCA-199 - CITY OF CARLSBAD. Council adopted the following Ordinances: ORDINANCE NO. 9829, AMENDING TITLE 21, CHAPTER 21.90 OF THE CARLSBAD MUNICIPAL CODE TO CONFORM WITH THE PROVISIONS OF PROPOSITION E APPROVED BY THE CITIZENS OF CARLSBAD ON NOVEMBER 4, 1986. ORDINANCE NO. 8110, AMENDING TITLE 18, CHAPTER 18.04 OF THE CARLSBAD MUNICIPAL CODE TO CONFORM WITH THE PROVISIONS OF PROPOSITION E APPROVED BY THE CITIZENS OF CARLSBAD ON NOVEMBER 4, 1986. DEPARTMENTAL AND CITY MANAGER REPORTS: (77) 12. AB #8960 - GROWTH MANAGEMENT PROGRAM POLICY DIRECTION - RESIDENTIAL PERFORMANCE STANDARDS. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. A transparency was used to show the performance standards, listing the eleven facilities that must be addressed in the local plans. - Lewis Kulchin Pet t ine Mamaux Larson Lewis Kulchin Pettine Mamaux Larson Lewis Kulchin Pett ine M amau x Larson X X X /I& e 0 April 14, 1987 MINUTES Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) In developing the standards, five facility standards were developed based on the need generated by residential development. Mr. Holzmiller stated those standards are city administration facilities, libraries, parks, fire protection and schools. Mr. Holzmiller stated staff understood that if a residential performance standard was not being met, residential development would be halted until the standard was complied with, but those five standards would not apply to commercial or industrial development within that particular zone. Mr. Holzmiller stated Council direction was needed to confirm staff’s understanding on whether these five relate to only residential or to all development. A. 3. Skotnicki, 3535 Bedford Circle, addressed Council, stating the candidates had proclaimed the Growth Management Plan applied to all development. He stated the standards apply to all development. The Public Facilities Fee does not distinguish, and there should not be dual standards. Dan Hammer, 4015 Isle Drive, addressed Council, said Proposition E stated no development shall be approved by the City of Carlsbad unless it is guaranteed that concurrent with need all public facilities would be provided. Mr. Hammer stated the impacts of industrial and commercial developments are considerable. He felt this was an attack on the Growth Management Plan and he asked Council to maintain the standards across the board. Council Member Pettine asked if there was any way to determine any impact on facilities by industrial and commercial development. Mike Holzmiller stated from everything he had reviewed, there was no way to pin that kind of information down unless you can find out whether a person working in each one of the businesses was a resident or non-resident. You could not tell whether they were generating a need for a facility over and above what was originally figured into the residential performance standards. Mr. Holzmiller emphasized this was not a change that was being proposed by staff. They are merely talking about the standards as they exist. Council reaffirmed their policy direction to staff confirming that residential performance standards (City Administration, Library, Parks, Fire, and Schools) apply only to residential development. ” - I// \y COUNCIL /o J MEMBERS Z. ‘ %Y Lewis Kul.chin Pettine M amau x X Larson I (70) (45) (96) (67) 0 e MINUTES April 14, 1987 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 13. - AB #8961 I - BATIQUITOS LAGOON. City Manager F-rank Aleshire introduced the matter. He stated Vernon Hall of the Port of Los Angeles would speak on the approval of the $450,000 the Port of Los Angeles has agreed to pay for preliminary engineering and environmental studies to determine the feasibility of constructing the Batiquitos Lagoon Enhancement Plan. Vernon Hall, 2020 Project Manager, Port of Los Angeles, addressed Council stating he shared in the City's pleasure and urged the Council to approve the Resolution. The Port of Los Angeles is willing to proceed with the necessary work and this is irrespective of any PACTEX agreement. Mr. Hall stated Carlsbad was being provided a Project Manager and he introduced the Project Manager, Lillian Kawasaki. Lillian Kawasaki addressed Council briefly stating she was pleased to be involved in this enhancement project and felt it would be a showcase. In answer to Council query, she stated she felt it would take 6 1/2 months to complete the preliminary engineering. Council adopted the following Resolution: RESOLUTION NO. 9022, APPROVING REIMBURSEMENT AGREEMENT BETWEEN CITY OF LOS ANGELES AND CITY OF CARLSBAD FOR THE PRELIMINARY STUDY OF THE BATIQUITOS LAGOON ENHANCEMENT PLAN. 14. AB 88959 - WARNING SIGNS OF AFFECT OF ALCOHOL DURING PREGNANCY. City Manager Frank Aleshire gave the staff report as contained in the Agenda Bill. Council Member Larson questioned how it would be enforced . Mr. Aleshire answered this question, stating this would merely require businesses to post signs. The signs would be available from the County, and it would be enforced on a complaint basis only. Council Member Mamaux stated anytime the Council could do anything to help save anyone from birth defects, he felt it was worthwhile. Council directed the City Attorney to prepare an Ordinance relating to posting warning signs where alcoholic beverages are sold, warning of the effect of alcohol during pregnancy. llD k - CoUNC'L %( %P MEMBERS Lewis Kulchin Pettine X Mamaux Larson Lewis Kulchin Pettine Mamaux Larson x 0 0 MINUTES (67) (28) I April 14, 1987 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 15. AB /I8958 - AMENDMENT TO SUBDIVISION ORDINANCE. Assistant City Attorney Ron Ball gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. 9013, AMENDING TITLE 20, CHAPTERS 20.04, 20.24 AND 20.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 20.04.020(7), 20.24.160 AND 20.44.050(b) AND BY THE DELETION OF SECTION 20.24.170 TO CONFORM WITH THE LEGISLATURE'S CHANGES TO THE SUBDIVISION MAP ACT. 16. AB f8952 - CIRCULATION COMMITTEE. Mayor Lewis stated he had asked Council to reconvene the Circulation Committee, and he recommended the Resolution be adopted, appointing Jeannie McFadden as the Chairperson and Girard Anear, Clarence Schlehuber, Jim Hicks, Barbara Pursehouse, Robert Royce, Marjorie Morrison, Barbara Donovan, Irv Roston, Tom Erwin and Fay Round. Council adopted the following Resolution: RESOLUTION NO. 9013, APPOINTING THE CIRCULATION COMMITTEE TO REVIEW STREET CIRCULATION PLAN FOR SOUTHEAST CARLSBAD AREA. COUNCIL REPORTS: NCTD Council Member Larson reported on the recent NCTD meeting he attended as Alternate. Coastal Regional Beach Erosion Committee Council Member Kulchin reported on the meeting she attended March 16. Downtown Village Merchants Council Member Kulchin reported the merchants had conducted a study on business loans. - Executive Board North County Division of League of California Cities Mayor Lewis reported City Manager Frank Aleshire and he attended the meeting. The Aids issue was discussed and a Resolution was adopted urging the Board of Supervisors to declare San Diego County an emergency health area so they could apply for Federal money to provide testing programs for victims. San Diego County had the third highest number of deaths from Aids in the State of California. The Mayors also endorsed Assembly Bill 4339, which provides a 10% surcharge on traffic citations to be put in a fund to build jails. /O? /y COUNCIL 559 "0 J MEMBERS 5 ' Lewis Kulchin Pettine x Mamaux Larson Lewis Kulch in Mamaux Pett ine x Larson 0 0 MINUTES (41) (74) (39) (41) (74) (39) April 14, 1987 Page 7 COUNCIL REPORTS: (continued) The City Manager also informed Council that though Carlsbad had an increase in the number of citations issued, the amount of revenue did not increase. Research was done and there had been changes in the State law and the practices of the court. The County and the State got more money, but the City did not. This would be a significant amount of money, as they now get $300,000 a year in fines and forfeitures, but would get $500,000 if they were getting the same percentage they used to get. Carlsbad had requested the County to check into this and give any explanation. This was not a problem for just Carlsbad, however, because other cities in other counties have had the same problem. PUBLIC COMMENT : Syd Notkin, 7970 Convoy Court, San Diego, spoke on mobile home park resident purchase, stating they had been retained by Solamar Estates in Carlsbad and had negotiated with the owner for the tenants to purchase the park. There had been a Letter of Intent signed that the owner would sell to the residents. He requested this item be placed on the Council agenda to explain how the City could help. The State has programs to provide low interest loans with deferred payments when the income is below a certain level. There is money available in the State, but the City must be a co-applicant. Without the City's assistance, they could not get State money and could not buy the park. CLOSED SESSION : 17. CLOSED SESSION PENDING LITIGATION. 18. CLOSED SESSION - PERSONNEL. By motion, the Council voted to hold a closed session to consider pending litigation pursuant to Government Code Section 54956.9(a) to receive legal advice regarding 3ackson v. City of Carlsbad; and City Council by motion authorized a closed session regarding the City Manager situation. Council adjourned to a closed session at 7:24 p.m., and reconvened at 8:25 p.m. The Mayor announced no action was taken regarding the personnel matter, and Council authorized the City Attorney to proceed to negotiate for the City regarding the pending litigation. INFORMATION ITEM: 19. Report on City Investments. - I /ox - \y CoUNC'L % ( %9 MEMBERS Lewis Kulchin X M amau x Pettine Larson a e MINUTES April 14, 1987 \? Page 8 COUNCIL "0 J A9 MEMBERS Z. ' AD30URNMENT : By proper motion the Meeting of April 14, 1987, was adjourned at 8:25 p.m. Respectfully submitted, &W%L dR- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB: tb lAfI