HomeMy WebLinkAbout1987-04-28; City Council; Minutesi9 a MINUTES
Meeting of: CIrY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: April 28, 1987
Place of Meeting: City Council Chambers
I CALL TO ORDER:
I Mayor Lewis called the Meeting to order at 6:00 p.m.
I ROLL CALL was taken by the City Clerk, as follows:
I Present - Council Members Lewis, Kulchin,
Pettine, Mamaux and Larson.
I Absent - None.
I PRESENTATIONS:
Mayor Lewis introduced Miss Carlsbad, Stephanie
Grovner. Miss Grovner gave a brief statement about
her newly acquired crown of Miss Carlsbad.
Mayor Lewis read a Proclamation proclaiming May 1,
1987, as Law Day. The Proclamation was accepted by
Harold McSherry.
Mayor Lewis read a Proclamation proclaiming the month
of May, 1987, as Better Hearing and Speech Month. The Proclamation was accepted by Clarissa Negron.
Mayor Lewis read a Proclamation declaring the months
of May through October, 1987, as Carlsbad Heritage
Celebration. The Proclamation was accepted by Marge
Howard-3ones, Kay Christensen and Elaine Lyttleton.
I CONSENT CALENDAR:
Council Member Mamaux requested Item No. 6 be
withdrawn from the Consent Calendar.
Council affirmed the Consent Calendar, with the
exception of Item No. 6, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
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701 1. AB !I8973 - BUENA VISTA LAGOON ISLAND RESTORATION.
45 1 Council adopted RESOLUTION NO. 9029, approving a
Joint Powers Agreement between the City and the
California Department of Fish and Game to improve
nesting habitat on the islands in the Euena Vista
Lagoon.
[96] 2. AB 118888 - Supplement !!I - TRAFFIC SIGNAL SYSTEM
[451 - AT ELM AVENUE AND EL CAMINO REAL.
Council adopted RESOLUTION NO. 9030, accepting
bids and authorizing the execution of Contract No. 3178 for the construction of the traffic signal
system at the intersection of Elm Avenue and El
Camino Real.
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CONSENT CALENDAR: (continued)
3. A6 88974 - ACCEPTANCE OF PUBLIC IMPROVEMENTS -
SEWER EXTENSION ON VALLEY STREET - PD 1,223.
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
this subdivision.
4. AB #8975 - FINAL PAYMENT TO CROWN LIFE.
Council adopted RESOLUTION NO. 9031, appropriating
$33,243.38 for the retrospective premium to Crown Life.
5. Number not used. .~~~.
6. AB #7521 - Supplement 115 - SUPPLEMENT SIX TO WATER
SERVICE AGREEMENT WITH CRMWD.
This item was withdrawn from the Consent
Calendar.
7. AB #7897 - Supplement 114 - CONSTRUCTION OF
CARLSBAD BOULEVARD BRIDGE, PHASE I, PROJECT NO.
309 8. ~ ~ ~~ -
Council adopted RESOLUTION NO. 9039, accepting the
construction of the Carlsbad Boulevard Bridge as
complete, directing the City Clerk to file the
Notice of Completion, appropriating available
project funds and transferring unexpended project
funds to the Carlsbad Boulevard, Phase I1 Project,
No. 3205.
8. AB #8659 - Supplement f5 - CONSTRUCTION OF
CARLSBAD BOULEVARD STORM DRAIN INTERCEPTOR.
Council accepted the construction of the Carlsbad
Boulevard Storm Drain Interceptor as complete;
directed the City Clerk to record the Notice of
Completion; and authorized the Director of Finance
to close the project account upon completion of
final claims and costs.
9. AB #8743 - Supplement 91 - CONSTRUCTION OF
IMPROVEMENTS TO ELM AVENUE EAST OF EL CAMINO
REAL. -
Council adopted RESOLUTION NO. 9040, approving
plans and specifications, authorizing the City
Clerk to advertise for bids, authorizing the
transfer of funds for the street improvements to Elm Avenue east of El Camino Real, Contract No.
3230.
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ITEM WITHDRAWN FROM THE CONSENT CALENDAR:
6. A5 87521 - Supplement #5 - SUPPLEMENT SIX TO WATER
SERVICE AGREEMENT WITH CRMWD.
Council Member Mamaux requested this item be withdrawn
from the Consent Calendar. He stated he would like
staff to explain the Tri-Agencies Pipeline; and he
questioned whether this would involve tearing up
pavement on streets which were recently constructed or
reconstructed.
City Manager Frank Aleshire stated the pipeline is
already in the ground, so they will not be tearing up
the pavement. The pipeline was installed to provide
water service to the Ellery Reservoir.
Council Member Mamaux commented it would appear that
before Council is asked to fund a project, they should
have information before the project starts, not after
it is built. He futher commented if the construction
is finished, the work is very poor. The trench in
that area is in very bad shape. He stated he did not
want to approve final payment if the street is going
to remain in that poor condition.
Council approved the following Resolution, subject to
the quality of the work in the street being certified
by staff as being adequate:
RESOLUTION NO. 9032, APPROVING A SIXTH SUPPLEMENT TO
THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT
PROVIDING FOR THE FUNDING OF A WATER CONSTRUCTION
PR03ECT.
ORDINANCE FOR INTRODUCTION:
IO. A5 #8959 - Supplement 81 - ORDINANCE REQUIRING
SIGNS WARNING OF EFFECT OF ALCOHOL DURING
PREGNANCY.
Maurice Kimball, 1623 James Drive, addressed Council
stating this item was totally unnecessary. He stated
that if people did not know enough to be aware of the
effect of alcohol during pregnancy, they should not
have to be warned with signs.
Council introduced the following Ordinance:
ORDINANCE NO. 5073, ADOPTING CHAPTER 6.15 OF THE
CARLSBAD MUNICIPAL CODE TO POST SIGNS WHERE ALCOHOLIC
BEVERAGES ARE SOLD WARNING OF THE EFFECT OF ALCOHOL
DURING PREGNANCY.
Council Member Lewis stated the enforcement of this
Ordinance had been discussed and the City Manager had
stated the County Health Department would do the enforcement. Any place that sells food or liquor that
is required to have an annual food permit, will
receive these signs from the County free of charge.
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1 I 30INT MEETING WITH SENIOR CITIZEN COMMISSION: I [28] 11. AB #8976 - JOINT CITY COUNCIL/SENIOR CITIZEN
COMMISSION MEETING.
Sue Spickard, Senior Citizen Coordinator, gave an
overview of the senior programs in the community, in
the past, present and future. The original contract
for services was shown and the new contract, with the
new responsibility assumed by the Senior Program.
Sue Spickard stated there had been a cooperative
relationship formed between the Senior Citizens
Association and the Senior Citizen Commission. The
new responsibilities were contracted for in March of
this year, and these were to provide nutrition
program, home delivered meals and transportation
services.
Mrs. Spickard used a transparency to indicate the
Senior Citizen Commission planning for the future.
Two items to be considered are the needs assessment
and the Senior Center. At this point Mrs. Spickard
introduced the Chairman of the Senior Citizen
Commission, Linwood Van.
Commissioner Van introduced the Members of the Senior
Citizen Commission present, including Commissioners
Cochran, Gast and Hoskin. Commissioner Ritchie was
unable to attend due to an out-of -town family crisis.
Commissioner Van gave the history of the Commission
telling of the work the Commission has done on the
site selection for the Senior Center and explained he
is the liaison between the site selection committee
and Senior Citizen Commission.
Commissioner Van asked the Council for clarification
on recommendations from the Senior Citizen Commission.
They realize they are part of the Parks and Recreation
Department and the recommendations from the Senior
Citizen are to come through the Director of Parks and
Recreation. They would like this clarified, as they
feel they might be able to transmit any recommendation
from the Commission more clearly.
Council Member Kulchin stated memorandums tend to go
through staff, but if any Member of the Commission
wants to contact any Member of the Council, they
should certainly feel free to do so.
Commissioner Van stated the long-range goals of the
Senior Citizen Commission is to have more
transportation, particularly when the new center is
built, in order to bring people into the center. More
recreational programs, low cost housing and an adult
day care center.
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JOINT MEETING WITH SENIOR CITIZEN COMMISSION:
(continued)
Commissioner Van stated the Senior Citizen Commission
wished to be very actively involved in the design and
planning for the new Senior Center.
Council agreed that the Senior Center should fit the
seniors needs and the plans should be referred back to
the Commission and the Members of the Association.
DEPARTMENTAL AND CITY MANAGER REPORTS:
[67] 12. AB 87777 - Supplement 83 - REVISION OF ORDINANCES
[791 - AND PROCEDURES ESTABLISHING PARK-IN-LIEU FEES.
[ 701 Dave Bradstreet, Director of Parks and Recreation
Department, gave the staff report as contained in the
Agenda Bill. Reference was made to Exhibit A which
shows the boundaries of the four quadrants as they
exist today, and Exhibit B which is the recommended
parks boundaries for the four quadrants. Overhead
transparencies were used to show these exhibits.
In response to Council query, Jim Elliott, Finance
Director stated residential zoning would be used when
park sites are appraised.
Council Member Larson stated the Resolution
reallocates the funds collected in the old areas to
the new areas. In particular, he felt it would be
proper for the funds collected in the area between
Palomar Airport Road and Agua Hedionda Lagoon to
remain in that area.
Council introduced the following Ordinance and adopted
the following Resolutions: (one motion)
ORDINANCE NO. 9831, CHAPTER 20, TITLE 20.44, OF THE
CARLSBAD MUNICIPAL CODE BY THE REVISION OF SECTION
20.44.030 REPLACING THE PHRASE "TWO AND ONE HALF
ACRES" WITH THE PHRASE "THREE ACRES". REVISION OF
SECTION 20.44.040 REPLACING THE PHRASE I' (BASED ON 1980
CENSUS)" WITH THE PHRASE IT( RASED ON MOST RECENT
FEDERAL CENSUS)". REVISION OF SECTION 20.44.080
ESTABLISHING THE METHOD AND FREQUENCY OF REVISIONS TO
PARK FEES COLLECTED IN LIEU OF LAND DEDICATION.
RESOLUTION NO. 9041, REVISING THE PARK AREA BOUNDARIES
ESTABLISHED BY RESOLUTION 6768 TO AGREE WITH THE PARK
QUADRANT BOUNDARIES SET BY THE GROWTH MANAGEMENT
PROGRAM, amended to keep the fees in Area 1 which were
collected for projects between Agua Hedionda Lagoon
and Palomar Airport Road.
RESOLUTION NO. 9042, APPROPRIATING FUNDS FOR THE
APPRAISAL OF PARK PROPERTY.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
~701 13. AB #I8484 - Supplement A5 - CARLSBAD BOULEVARD
[ 451 SEAWALL, PROJECT NO. 3185.
John Cahill, Project Manager, gave the staff report as
contained in the Agenda Bill. Slides were used to
show the construction of the seawall from the
beginning up to the present time. The slides also
showed the need for the retaining wall that has been
requested. The monitoring of the area behind the
retaining wall was discussed, and staff indicated this
would be monitored to determine any areas of extreme
erosion.
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Paul Groves, 4940 Hillside Drive, addressed Council
stating the need for the additional retaining wall,
first for the safety of the people walking and second
for the maintenance problem that would be created
without the retaining wall. He felt eventually the
sidewalk would be lost if there were no retaining
wall.
Council adopted the following Resolution:
RESOLUTION NO. 9033, APPROVING PROJECT CHANGE ORDER
NOS. 5 AND 6, APPROVING AN AMENDMENT EXTENDING THE
EXISTING AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
THE STATE OF CALIFORNIA DEPARTMENT OF BOATING AND
WATERWAYS, APPROVING AN AMENDMENT TO THE EXISTING
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE
CALIFORNlA SATE COASTAL CONSERVANCY, AND
APPROPRIAJING ADDITIONAL PROJECT FUNDING FOR THE
CARLSBAD BOULEVARD SEAWALL, PR03ECT NO. 3185.
[lo41 14. AB /I8977 - DRAFT LOS ANGELES-SAN DIEGO RAIL
CORRIDOR STUDY.
City Manager Frank Aleshire stated 3im Hagaman had
been representing the City on the study. The item
tonight is a progress report.
Mike Zidan, SANDAG, reported on the recommendation of
the Los Angeles-San Diego (LOSSAN) State Rail Corridor
Study, using maps to indicated the material included
in the Agenda Bill. SANDAG requested the City Council
approve the draft study as presented, recognizing that
final detailed approvals of station sites would come
at a later time.
I Council adopted the following Resolution:
RESOLUTION NO. 9034, TO SUPPORT THE LOS ANGELES-SAN
DIEGO (LOSSAN) STATE RAIL CORRIDOR STUDY.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
[ 541 15. AB #I8981 - HIGHWAY 78 STUDY.
City Manager Frank Aleshire introduced Mike
McLaughlin, of SANDAG, who gave a slide presentation.
Mr. McLaughlin indicated there were additional copies
of the Corridor Study Phase I available for
distribution.
In answer to Council query as to when Phase I1 of the
Corridor Study would be finished, Mr. McLaughlin
stated that would be probably the end of the calendar
year 1987. He also answered Council Members stating
Highway 78 widening from 1-15 to 1-5 would cost $30
million.
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City Manager Frank Aleshire stated Phase I1 would deal
with Palornar Airport Road, which is very important to
Carlsbad. If the sales tax is approved by the voters
in November, money would become available to build the
improvements needed on that road. If the tax goes
through, this kind of study would lead to the
implementing of those improvements out of tax money.
Council, by unanimous consensus, accepted the report.
RECESS :
Mayor Lewis declared a recess at 8:lO p.m., and
Council reconvened at 8:18 p.m., with all Members
present. 1 [ 541 16. AB #I8982 - FREEWAY - 2000.
Ralph Young, Public Service Representative, Automobile
Club of Southern California, stated Freeway 2000 is a
proposal for freeway development to the year 2000.
Mr. Young summarized the report as contained in the
Agenda Bill.
I Council adopted the following Resolution:
RESOLUTION NO. 9043, ENDORSING THE AUTOMOBILE CLUB OF
SOUTHERN CALIFORNIA'S FREEWAY DEVELOPMENT TO THE YEAR
2000 PROPOSAL. 1 [ 671 17. AB 88983 - REVISED DEFINITION OF TRUCKS.
Police Chief Vincent 3imno gave the staff report on
this item as contained in the Agenda Bill.
I Council introduced the following Ordinance:
ORDINANCE NO. 3210, AMENDING TITLE IO, CHAPTER 10.32
OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT COMMERCIAL
VEHICLES IN EXCESS OF 14,000 POUNDS GROSS WEIGHT.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
[28] 18. AB /I8978 - CARLSBAD BEACH EROSION COMMITTEE. ~
John Cahill gave the staff report on this item,
stating the Committee had reviewed the applications
and recommended this appointment.
Council adopted the following Resolution: Lewis
RESOLUTION NO. 9035, FILLING AN EXISTING VACANCY ON Pettine
THE CITY OF CARLSBAD'S BEACH EROSION COMMITTEE THROUGH M amau x
3UNE, 1990, INSERTING THE NAME OF RALPH D. COPLEY. Larson
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[76] 19. AB f8979 - PLANNING COMMISSION APPOINTMENTS.
Council adopted the following Resolutions: (one
Kulchin motion 1
X Lewis
Pettine
RESOLUTION NO. 9036, REAPPOINTING MARY MARCUS TO THE Mamaux I
CITY OF CARLSBAD PLANNING COMMISSION. Larson
RESOLUTION NO. 9037, REAPPOINTING JEANNIE MCFADDEN TO I THE CITY OF CARLSBAD PLANNING COMMISSION.
[94] 20. AB /I8980 - PARKING AUTHORITY APPOINTMENT.
This item was continued to the next meeting.
[28] 21. AB %8901 - Supplement /#I - APPOINTMENT TO
CARLSBAD CHILD CARE TASK FORCE.
Council adopted the following Resolution: Lewis
RESOLUTION NO. 9044, APPOINTING PAULA LEARD OF CHILD Pettine
CARE RESOURCE SERVICE, VISA, TO REPLACE AN ORIGINAL
APPOINTEE TO THE CARLSBAD CHILD CARE TASK FORCE.
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[37] 22. AB /#8971 - CONTINUED SUPPORT FOR REGIONAL
PLANNING BOARD.
Council Member Mamaux read a prepared statement on the
matter and placed a copy of that statement on file
with the City Clerk.
Council Member Pettine responded stating the citizens
want the Planning Directors to meet and discuss
planning issues and common concerns. He stressed the
importance of a regional planning board and urged
Council to continue to support the concept.
Council discussed the need for regional planning,
alternative ways to proceed, and methods of staffing.
Council Member Pettine made a motion to continue to
support the Regional Planning Board, with Carlsbad
City Council supporting the concept as outlined in his
memorandum.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council Member Kulchin stated if Council Member
Pettine would agree to go out and talk with the
different cities and ask them directly if they are
interested. If he was not willing to do that, she
would abstain from voting.
Council Member Larson suggested there be a sunset
clause on this and he would support leaving this on
the books now, as he felt it was important to pursue
regional planning, but he felt there should be a limit
to the time.
Mayor Lewis stated he felt the consensus of the
Council was to support the concept of the Regional
Planning Board at this time, but include a sunset
clause, and have Council Member Pettine actively
pursue this project. The time for review of this
project was set at six-months.
Council voted to continue to support the concept of
the Regional Planning Board as originally approved,
and requested Council Member Pettine report to
Council in six months regarding responses from other
communities on the matter.
I PUBLIC COMMENT:
Tom Erwin, 7703 Garboso Place, read into the record
his letter to the Council dated April 28, 1987,
regarding the increase in basic Cable TV fees. He
requested that Council consider adopting a Resolution
condemning Daniels Cablevision and the cable industry
and asking all citizens to contact all legislators
requesting a roll-back in all rate increases to
December 31, 1986.
CLOSED SESSION: I [ 381 23. CLOSED SESSION - PERSONNEL.
Council adjourned to a closed session at 8:26 p.m.,
to consider the appointment of a City Manager. The
City Council reconvened at 9:59 p.m. , with all
Members present. A motion was made by Mayor Lewis
that:
1. Ray Patchett be designated as Acting City Manager
effective upon Mr. Aleshire's retirement.
2. The City Manager be directed to solicit proposals
from executive search consulting firms to assist
the City in conducting its recruitment for the
City Manager and return materials to the Council
for a decision at the next available Council
meeting.
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AD30URNMENT:
By proper motion the Meeting of April 28, 1987, was
adjourned at 1O:Ol p.m.
Respectfully submitted,
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ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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