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Home My WebLink About1987-05-05; City Council; Minutes0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: May 5, 1987 Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OQ p.m. ROLL CALL was taken by the City Clerk, as follows: I Present - Council Members Lewis, Kulchin, Pettine, Mamaux and Larson I Absent - None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Mamaux. I APPROVAL OF MINUTES: I Minutes of the Regular Meeting held April 14, 1987, were approved as presented. [811 [971 [451 [391 PRESENTATIONS: Mayor Lewis read a Proclamation proclaiming May 10-16, 1987, National Historic Preservation Week. The Proclamation was accepted by Kay Christiansen. Mayor Lewis read a Proclamation proclaiming the month of May, 1987, as Older Americans Month. The Proclamation was accepted by Lloyd Rochambeau, Admini.strator of Carlsbad By the Sea Retirement Home. Mayor Lewis read a Proclamation declaring May 10-16, 1987, National Nursing Home Week. The Proclamation was accepted by 3eff Jones. CONSENT CALENDAR: Council Members Larson and Kulchin requested Item No. 1 be withdrawn from the Consent Calendar. Council affirmed the Consent Calendar, with the exception of Item No. 1, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB 118984 - LA COSTA AVENUE MITIGATION PROJECT. This item was withdrawn from the Consent Calendar. 2. AB f8009 - Supplement 114 - REVISED INVESTMENT POLICY. Council adopted RESOLUTION NO. 9046, revising the City's Investment Policy. 1 y3 Lewis Kulchin Pettine X Mamaux Larson Lewis Kulchin Pettine X Mamaux Larson 0 0 MINUTES May 5, 1987 Page 2 1 I CONSENT CALENDAR: (continued) I [451 SENIOR CITIZENS. [70] 3. AB /I8985 - AGREEMENT FOR PROVISION OF MEALS FOR Council adopted RESOLUTION NO. 9047, approving an agreement between the City of Carlsbad and the City of Vista to prepare congregate and home delivered meals. [Sl] 4. AB 88986 - AGREEMENT FOR REAL ESTATE LEASING [ 441 [451 Council adopted RESOLUTION NO. 9048, approving an agreement between the City of Carlsbad and Williams-Kuebelbeck & Associates, Inc. for leasing advisory services. I [28] 5. AB /I8851 - Supplement #3 - IMMIGRATION STUDY TASK I Council adopted RESOLUTION NO. 9049, extending the Immigration Study Task Force for six months. [ 281 6. AB /I8952 - Supplement 81 - APPROPRIATION FOR STREET CIRCULATION STUDY. Council adopted RESOLUTION NO. 9050, appropriating funds for the Rancho Santa Fe Road Corridor Traffic Study. [ 1021 7. AB f8900 - Supplement #I - RANCHO SANTA FE ROAD/MELROSE DRIVE TRAFFIC DESIGN STUDY REPORT. Council adopted RESOLUTION NO. 9055, authorizing the Mayor to sign an agreement between the County of San Diego and the City of Carlsbad to enable the County Board of Supervisors to reimburse the City of Carlsbad a portion of the consultant fee for a traffic design study report. ITEM WITHDRAWN FROM THE CONSENT CALENDAR: [ 81 1 1 . AB /I8984 - LA COSTA AVENUE MITIGATION PR03ECT. [ 971 [451 Council Member Larson questioned whether this project could be done concurrently with the Batiquitos Lagoon mitigation project. John Cahill, Projects Manager, stated the question came up at the March 17th meeting with staff from all agencies involved in this project. The unanimous position was that the mitigation for La Costa Avenue must stand on its own. I Council adopted the following Resolution: RESOLUTION NO. 9045, APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING THE ADVERTISING OF BIDDING, AND APPROPRIATION OF PR03ECT FUNDS FOR THE CONSTRUCTION OF THE LA COSTA AVENUE MITIGATION PROJECT, NO. 3233. 172 - Lewis Kulchin Pettine Mamaux Larson X [ 961 ~71 [791 [671 [ 701 11671 0 0 MINUTES May 5, 1987 Page 3 ORDINANCES FOR ADOPTION: 8. AB f8959 - Supplement #I - ORDINANCE REQUIRING SIGNS WARNING OF EFFECT OF ALCOHOL DURING PREGNANCY. Council adopted 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. 9. AB 87777 - Supplement f3 - REVISION OF PARK-IN- LIEU FEES. Edward Scarpelli, 929 Orchid Way, representing the Building Industry Association, addressed Council stating the census used by the City staff was the Federal one, which is taken every ten years. He suggested the City use the statistics of the State census, which is annual. Mr. Scarpelli suggested the City consider appraisal on a three-year basis rather than an annual basis. Mark Nordquist, 3495 Seacrest, representing himself and the Building Industry Association, stated he was definitely backing the increase in park-in-lieu fees. 3im Elliott, Finance Director, stated he had talked with Mr. Scarpelli this afternoon. In terms of the census data, the Federal Census is an actual count, once every ten years, per type of housing. The State Census does an estimate every year. He stated the State Census could be used, but they felt since the City had always used the actual count, they would continue to use that. As for the appraisals every three years, Mr. Elliott stated staff had been hoping to find an index so they could establish fees and then use that index rather than reappraise. So far, the City has not be able to come up with such an index. Mr. Elliott said it was an excellent idea, but staff just did not have the answer at this time. Council adopted the following Ordinance: ORDINANCE NO. 9831, AMENDING TITLE 20, CHAPTER 20.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 20.44.030, 20.44.040 AND 20.44.080 TO REVISE THE METHOD OF ESTABLISHING THE AMOUNT OF PARK FEES COLLECTED IN LIEU OF LAND DEDICATION. IO. AB 118983 - REVISED DEFINITION OF TRUCKS. Council adopted 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. lY J Lewis Kulchin Pettine X Mamaux Larson Lewis Kulchin Pettine Mamaux Larson X Lewis Kulchin Pet t ine x; Mamaux Larson 8 0 [261 [451 E1131 MINUTES May 5, 1987 Page 4 PUBLIC HEARINGS: 11. AB j.8496 - Supplement lf5 - APPIAN ROAD ASSESSMENT DISTRICT CONFIRMING ASSESSMENTS. Richard Allen, 3r., City Assessment Engineer, gave the staff report, as contained in the Agenda Bill. Warren Divan, Brown and Divan, continued the report stating the purpose for the public hearing was to allow public input and take testimony regarding the engineering report. He explained the Resolutions to be adopted by Council and the minute motion to have the Notice of Completion recorded. Mayor Lewis opened the public hearing at 6:27 p.m., and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council adopted the following Resolutions: (one motion) RESOLUTION NO. 9051, CONFIRMING "REPORT" OF THE SUPERINTENDENT OF STREETS ON COST OF CONSTRUCTION, AND CONFIRMING AND LEVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT ACT OF 1911". RESOLUTION NO. 9052, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT ACT OF 1911". RESOLUTION NO. 9053, APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT TO FORM ASSESSMENT DISTRICT. Council accepted the construction of Appian Road, Project No. 3167, as complete, and directed the City Clerk to have the Notice of Completion recorded. 12. AB 1'8987 - APPEAL - SPECIFIC PLAN AMENDMENT -GERICO ' S RESTAURANT - SP-27 (A). Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the site. Mayor Lewis opened the public hearing at 6:30 p.m., and issued the invitation to speak. David DuRee, 310 A Avenue Victoria, San Clemente, addressed Council, requesting approval. He read his letter previously distributed to Council, explaining the use proposed for the liquor store within Gerico's Restaurant at 850 Tamarack Avenue. Gerald Sova, 158 North Highway 101, Encinitas, stated they would also deliver liquor without delivering food at the same time. There is no liquor store delivery in Carlsbad at the present time, and the ABC Board has approved this application. Lewis Kulchin Pettine Mamaux Larson X Lewis Kulchin Pettine Mamaux Larson X I 1 YO I II [ 1131 [991 [ 731 [781 e a MINUTES May 5, 1987 Page 5 \p 5 COUNCIL 3 % MEMBERS % ? PUBLIC HEARINGS: (continued) Mr. DuRee added they do have a banquet store and they could turn that into a storage room. This would lower the seating capacity for the restaurant, improving the parking ratio. Since no one else wished to speak on this item, the public hearing was closed at 6:43 p.m. Council Members expressed concern about the non- conforming use, and intensification of that use. Concern was also expressed about the close proximity to an elementary school. Staff stated the proximity of the school was discussed at the Planning Commission meeting. There is a requirement of distance between places selling liquor, but the City does not have any regulation about the distance from a school or church. Council directed the City Attorney's Office to prepare Lewis documents denying the applicant's appeal of SP-27(A). Kulchin Pettine Mamaux X Larson 13. AB f8988 - SPECIFIC PLAN - SP-198 - FARADAY BUSINESS PARK. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show Faraday Business Park. Mayor Lewis opened the public hearing at 6:50 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed. Council directed the City Attorney's Office to prepare Lewis documents denying SP-198 without prejudice. Kulchin Pettine Mamaux X Larson DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB 88989 - APPEAL OF DENIAL OF TEMPORARY ROAD CLOSURE PERMIT. City Manager Frank Aleshire reported the sponsors of the Bud Light Triathlon had asked for a continuation of two weeks on this item, as they were not prepared to make a presentation tonight. Council continued the appeal of denial of temporary Lewis x: road closure permit for two weeks. Kulchin Pettine Mamaux Larson 13 9 0 0 MINUTES May 5, 1987 Page 6 I I DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) [81] 15. AB 88990 - LEASE OF CITY PROPERTY - CARLSBAD BOULEVARD AT PALOMAR AIRPORT ROAD. Ray Patchett, Assistant City Manager, gave the staff report as contained in the Agenda Bill, using a transparency to indicate the property. In answer to Council query, Mr. Patchett stated Mr. Blonski would be given a certain period of time to get the project approved. If he was not able to meet those standards, the option would die. In discussing this item, Council Members indicated the State was talking about putting a maintenance yard on their property just to the north, and consensus was that staff should try to get them to locate it elsewhere. Council approved the disposition of 2.9 acres of surplus property by negotiation of an option for a long-term lease subject to a Conditional Use Permit or other discretionary approval for property located at Carlsbad Boulevard and Palomar Airport Road. I [ 541 16. AB f8972 - Supplement 111 - HIGHWAY 78. City Manager Frank Aleshire gave the report on this item as contained in the Agenda Bill. He added Council was merely endorsing the project and pledging the City's support. If the election in November for the added tax is unsuccessful, staff will have to come back to determine how they will get the money. If the tax proposal is passed in November, that money will pay for this project. Council Member Mamaux commented Council Member Kulchin has been selected to be one of the representatives on the SANDAG Committee to review the testimony from the public hearings and to make recommendations on the final ballot proposition. She will have a voice in that final ballot wording for the proposed tax increase. He added Carlsbad was very interested in having Palomar Airport Road included in that tax proposal. Council approved participation in funding for the widening of Highway 78 and endorsed the average (12%) cost allocation share. /38 7 \p 5 COUNCIL ?&% MEMBERS Z. ? tew i s Kulchin Pettine Mamaux Larson X Lewis Kulchin Pettine x Mamaux Larson [971 [451 1751 e 0 MINUTES May 5, 1987 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 17. AB #7897 -Supplement #I5 -CONSULTANT AGREEMENT FOR DESIGN OF CARLSBAD BOULEVARD, PHASE I1 -PROJECT NO. 3205. 17. AB #7897 -Supplement #I5 -CONSULTANT AGREEMENT FOR DESIGN OF CARLSBAD BOULEVARD, PHASE I1 -PROJECT NO. 3205. John Cahill gave the staff report as contained in the Agenda Bill. A slide presentation was given showing Carlsbad Boulevard, the new bridge, and proposed Phase 11. The three alternatives for Phase I1 were discussed by staff, and Council was asked for direction. Council Members felt before any alternative was chosen, there sh0uJ-d be workshops held with input from the people who would be inpacted the most from this road widening. Council also felt there were a number of issues that needed to be analyzed before they stated a preference for one of the alternatives. City Manager Frank Aleshire stated the action asked of Council was simply to approve the consultant agreement. A more detailed analysis would be made after meetings with the homeowners in the area. Council should not make any determination until after that input from the citizens. After the engineering study is complete, staff will return with a report to Council to choose an option. Council adopted the following Resolution: RESOLUTION NO. 9054, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND KELTNER AND ASSOCIATES. INC. FOR THE CARLSBAD BOULEVARD IMPROVEMENTS, PHASE 11, PROJECT NO. 3205 AND APPROVING A TRANSFER AND APPROPRIATION OF PR03ECT FUNDS. 18. AB j.8991 - LA COSTA SECESSION. Mayor Lewis stated he had asked this item be placed on the Agenda, as he felt Council should take an action on the secession. He stated he could not support the idea of separation. He added the people from La Costa would need Council approval before they could move forward on this proposed secession. Council Member Kulchin read a letter from Cindy Ward into the record, stating there is no support in the southwest quadrant for the secession movement. Council comments reflected opposition to the secession. Council Member Pettine said he did support the idea of encouraging La Costa residents to participate in City affairs. He suggested one idea to be explored would be a city ratification of the La Costa Town Council concept. He stated the City could ratify the existing organization or appoint another Town Council and allow them to meet to make advisory recommendations to the City Council on matters that impact them. J?l /d/ \y 5 COUNCIL /o 4 MEMBERS Z. t 559 Lewis Kulchin Pettine X Mamaux Larson 0 e MINUTES May 5, 1987 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Member Kulchin stated there were four quadrants in the City, and she felt it would be unfair to have one quadrant with a town council, unless there was one for each of the four quadrants in the City. Mayor Lewis stated he felt within the last two years the situation has been turned around with reqard to amenities and facilities in the La Costa area. Council denied any La Costa secession ideas that may be presented to the City Council. I [ [ 941 19. AB #8980 - PARKING AUTHORITY APPOINTMENT. Mayor Lewis requested, and Council agreed to continue this item for one week. RECESS : Mayor Lewis declared a recess at 7:47 p.m., and Council reconvened at 8:Ol p.m., with all Members present. 811 20. AB %8806/7 - Supplement #I - STATUS REPORT ON CARLSBAD PUBLIC SAFETY AND SERVICE CENTER, PHASES I1 AND 111. 3ohn Cahill gave the initial staff report as contained in the Agenda Bill. He introduced the other members present, Bill Behan, Michael Feerer, Andy Spurlock, Doug Danielson and Rob Quigley. These people all gave a detailed report combined with a slide presentation on Phases I1 and I11 of the Safety and Service Center. Council received the report and the item was filed. PUBLIC COMMENT: There was no one present requesting permission to speak during the public comment period. COUNCIL REPORTS: Council Member Mamaux requested copies of the letters Council. Member Pettine had sent to the other cities regarding the regional planning board. 3AC Council Member Mamaux reported the 3AC budget has been completed. City/School Committee Council Member Mamaux stated the seniors project has been approved. - I 136 \p 5 COUNCIL /o 4 MEMBERS Z. ? %9 Lewis Pettine Kulchin X Mamaux Larson a e MINUTES May 5, 1987 Page 9 COUNCIL REPORTS: 3AC - Council Member Larson added to the report on 3AC, stating there would be three pending Agenda Bills before Council in the future. NCTD Council Member Kulchin reported at the last meeting a contract had been awarded to the second lowest bidder. This was for the elderly and the handicapped, and they felt the escort service provided by Lifeline entitled them to the bid. There now will be litigation over the awarding of this contract. Downtown Village Merchants Council Member Kulchin reported the merchants are very concerned about the parking on Carlsbad Village Drive. If they take parking away from them, they definitely want off-street parking lots available to compensate for the lost parking. Depot Rehabilitation Committee Council Member Kulchin reported on recent meetings and stated the colors have been determined for the depot. She showed a copy of the original plans for the depot. Highway 78 Mayor Lewis stated he had received information the mayors have been very supportive of this action. Ad Hoc Bond Committee Mayor Lewis stated this would be before Council in the near future and would be a quality-of-life bonding. Circulation Committee Mayor Lewis reported the Circulation Committee is back in action, and had its first meeting for orientation of the new members. Palomar Airport Advisory Committee Mayor Lewis reported on a meeting of this Committee. He stated there was an action to try to reform the 3oint Powers Group to study the noise situation at Palomar Airport. /35 \p 5 COUNCIL "0 A MEMBERS .;t f %9 e a MINUTES May 5, 1987 Page 10 \v 5 COUNCIL % PA MEMBERS % f ADJOURNMENT: By proper motion the Meeting of May 5, 1987, was adjourned at 8:53 p.m. Respectfully submitted, &&L A!- - ALETHA L D RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB: tb /3 4