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Home My WebLink About1987-05-12; City Council; MinutesI 4 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: May 12, 1987 Place of Meeting: City Council Chambers 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. PRESENTATION: Mayor Lewis read a Proclamation proclaiming May 16, 1987, as Celebrate the Constitution Day. Doctor Holt of Mira Costa College accepted the Proclamation. APPROVAL OF MINUTES: Minutes of the Regular Meeting held April 21, 1987, Lewis were approved as presented. Kulchin X Pettine Mamaux Larson CONSENT CALENDAR: Mayor Lewis announced that Item Nos. 11 and 12 would be withdrawn from the Consent Calendar and considered as Departmental and City Manager Reports. He also stated he had a request from the public to withdraw Item No. 7 from the Consent Calendar. Council affirmed the action of the Consent Calendar, Lewis with the exception of Item Nos. 7, 11 and 12, as Mulchin X follows: Pettine Mamaux Larson WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. [92] 1. AB 118904 - Supplement 111 - APPOINTMENT TO ENCINA 30INT ADVISORY COMMITTEE. Council appointed Council Member Larson as a representative on the Encina 3oint Advisory Committee. [99] 2. AB 1j7502 - Supplement f4 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - SANTA FE RIDGE - CT 83-16, UNIT 1. 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. I53 * 0 0 MINUTES May 12, 1987 Page 2 CONSENT CALENDAR: (continued) [gg] 3. AB 118427 - Supplement $15 - FINAL MAP - CT 85-24, UNIT 3 - CARLSBAD RESEARCH CENTER. ____ Council approved the final map of CT 85-24. Unit 3, Carlsbad Research Center. [99] 4. AB $18427 - Supplement #6 - FINAL MAP - CT 85-24, [8ll UNIT 4 - CARLSBAD RESEARCH CENTER. Council approved the fhal map of CT 85-24, Unit 4, Carlsbad Research Center; and adopted RESOLUTION NO. 9056, accepting grant deeds conveying easements for public utilities, storm drains and general access purposes. [92] 5. AB 117158 - Supplement A13 - 33RD AND 34TH ~ [451 SUPPLEMENTS TO THE ENCINA 30INT POWERS BASIC , AGREEMENT. i [811 [451 [ 701 [ 961 [ 841 [401 [811 ~481 Council adopted RESOLUTION NO. 9057, authorizing the execution of the thirty-third supplement to the Encina Joint Powers Basic Agreement to change the sewer service area and to delete prohibition against pumping between basins; and Council adopted RESOLUTION NO. 9058, authorizing the execution of the thirty-fourth supplement to the Encina 3oint Powers Basic Agreement amending Subsection 4 of Section 17.2 of the Basic Agreement establishing voting procedures, 6. AB /I8992 - DEDICATION OF UNDERGROUND ELECTRIC EASEMENT AT CALAVERA HILLS COMMUNITY PARK. Council adopted RESOLUTION NO. 9059, approving an agreement granting San Diego Gas and Electric Company an underground electrical easement. 7. AB 88993 - PLANS AND SPECIFICATIONS - TRAFFIC SIGNALS AT ELM/MONROE AND ALGA/CORINTIA. This item was withdrawn from the Consent Calendar. 8. AB W8994 - PURCHASE OF GYMNASIUM EQUIPMENT. Council adopted RESOLUTION NOL 9061, accepting bids and authorizing the execution of purchase orders for gymnasium equipment. 9. AB 98995 - RELOCATION OF FOUR MODULAR UNITS. Counci.1 adopted RESOLUTION NO. 9062, accepting a bid authorizing the execution of a purchase order for relocating four modulars to the Public Safety and Service Center site. 10. AB 118996 - ACCEPTING DONATION TOWARDS PURCHASE OF HOSP GROVE. Council accepted a $10.00 donation from Marie Sandford to be used for the purchase of Hosp Grove. / 5L _. 0 a MINUTES May 12, 1987 Page 3 CONSENT CALENDAR : (continued) [92] 11. AB f8997 - ENCINA SECONDARY SEWAGE TREATMENT WAIVER. I This item was withdrawn from the Consent Calendar. I [92] 12. A5 f8998 - NORTH COUNTY SEWAGE SOLIDS MANAGEMENT RECOMMENDATIONS. 1 I This item was withdrawn from the Consent Calendar. ITEMS WITHDRAWN FROM THE CONSENT CALENDAR: [961 7. AB 88993 - PLANS AND SPECIFICATIONS - TRAFFIC SIGNALS AT ELM/MONROE AND ALGAJCORINTIA. Alice Hunt, 6548 Corintia Street, addressed Council in opposition to placing a traffic signal at the intersection of Alga Road and Corintia Street. Ms. Hunt stated that traffic warrants did not require the installation of a signal at this intersection; additionally, the City's Traffic Engineer says the signal is unnecessary. She concluded requesting Council not move forward with signalizing this intersection. In response to Council query, Bob 3ohnson, Principal Civil Engineer, stated the issue of locating a traffic signal at the intersection of Alga Road and Corintia Street was discussed at three meetings of the Traffic Safety Commission. He further stated that the request for the signal was originated by the school for the safety of children crossing the street. He further noted that the school had submitted a petition with 211 signatures of residents in the area in favor of the installation of the signal, and the signal would be required in the future when traffic volume increases. I Council adopted the following Resolution: RESOLUTION NO. 9060, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF TRAFFIC SIGNAL SYSTEMS AT THE INTERSECTIONS OF ELM AVENUE AND MONROE STREET AND ALGA AND CORINTIA. [92] 11. AB 88997 - ENCINA SECONDARY SEWAGE TREATMENT WAIVER. Council Member Larson gave a report on the matter detailing the five recommendations contained in the Agenda Bill. I Council adopted the following Resolution: RESOLUTION NO. 9063, APPROVING ENCINA JOINT ADVISORY COMMITTEE RECOMMENDATIONS RELATED TO THE ENCINA 301h SECONDARY SEWAGE TREATMENT WAIVER. I 151 - Lewis Kulchin Pettine XI Mamaux / 1 Larson Lewis x1 Larson 1 Mamaux 1 Pettine > Kulchin >( 0 0 MINUTES May 12, 1787 ?age 4 I I ~- ITEMS WITHDRAWN FROM THE CONSENT CALENDAR: (continued) I 1921 12. AB 88998 - NORTH COUNTY SEWAGE SOLIDS MANAGEMENT RECOMMENDATIONS. Council Member Larson gave the report on the matter detailing the four recommended concepts contained in the Agenda Bill. He also referred to a memorandum dated May 12, 1987, just distributed by the City Engineer which suggested the following wording for inclusion in the Resolution "Staff is directed to review available 13 to 21 acre parcels within the City appropriate for in-vessel or open-air sludge processing. 'I Council Member Larson explained that the additional recommendation was intended to encourage other member agencies to review lands within their boundaries for a possible site. He referenced the 37-acre site adjacent to Encina stating that just because the site was close did not mean that it was suitable or desireable because of land values and other costs that would be associated with the facility on this site. Michael Fagan, 17722 Fitch Avenue, Irvine, representing the Sammis Company, addressed Council. Mr. Fagan stated their firm owns the 37-acre parcel of land that is adjacent to Encina, and being discussed as a site for composting activities. He stated they strongly oppose the use of their land for that purpose, and oppose moving forward with an EIR in that it would negatively impact their ability to market this site, In conclusion, He requested that an alternative site be selected. Rick Graff, General Manager of the Encina Water Pollution Control Facility, presented slides showing examples of in-vessel and open-air cornposting facilities. Council discussion reaffirmed their desire that the other member agencies also consider locating alternative sites for the facility. They reiterated the fact that proximity to the Encina Plant was not the only consideration for determining location of the composting facility. I Council adopted the following Resolution: RESOLUTION NO. 9064, APPROVING ENCINA JOINT ADVISORY COMMITTEE RECOMMENDATIONS FOR NORTH COUNTY SEWAGE SOLIDS MANAGEMENT, amended by the deletion of the words "that the 37-acre site adjacent to the Encina Treatment Plant be considered as a fallback site for an "Encina-only" project, subject to completion of an EIR and site approval from the City of Carlsbad"; and insertion of the words "Staff is directed to review available 13 to 21-acre parcels within the City appropriate for in-vessel or open-air sludge processing". i SO T- Lewis Kulchin Pettine Mamaux Larson X 0 0 MINUTES [531 [641 May 12, 1987 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: 13. AB 88999 - CABLE TV RATE INCREASE. Assistant City Manager Frank Mannen gave the staff report on the matter as contained in the Agenda Bill. Tom Erwin, 7703 Garboso Place, addressed Council stating he had information showing that as of January 1, 1987, the national average fee for cable television service is $11.00. He expressed the opinion that Congress is the only one who can solve the problem, and urged the Council to adopt a Resolution that could be used by other cities to make citizens aware of the problem. In response to Council query, Mr. Mannen stated that the franchise in the City of Carlsbad is non- exclusive. Tony Acone, 2051 Alga Road, representing Daniels Cablevision, addressed Council. Mr. Acone stated that Daniels Cablevision is not only fulfilling, but exceeding the franchise requirements. He then related statistics showing that the return on investment for Daniels Cablevision was a negative percentage since 1981. He also questioned whether the information concerning the national survey included types of service provided and age of the facilities. Council filed Agenda Bill No. 8999 - CABLE TV RATE INCREASE. 14. AB #9000 - STREET LIGHTING DISTRICT NO. 1. Acting Utilities and Maintenance Direction, Larry Wiley, gave the staff report on the matter. Council Member Mamaux questioned what would happen if the district were expanded to include the landscape areas. Mr. Wiley responded stating that staff is moving forward with that at this time. He explained that the landscape median district would function similar to the lighting district in that the adjacent parcel would be assessed based on benefit. Council Member Mamaux questioned whether it would be possible to have a landscape assessment district which would assess the property owners near Hosp Grove for the maintenance of Hosp Grove. In response, Virginia McCoy, Electrical Operations Supervisor, stated it may be possible, but it would not be known until completion of the study. She also stated that the basis for assessment of maintaining landscape medians in streets which are considered regional in nature (such as El Camino Real) would also have to be determined by the study. 149 \p 5 COUNCIL % ?,A MEMBERS % e [781 [721 [291 0 0 MINUTES May 12, 1987 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council adopted the following Resolutions: (one motion) RESOLUTION NO. 9065, ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. RESOLUTION NO. 9066, APPROVING THE ENGINEER'S "REPORT" FOR ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR IN A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 9067, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. 15. AB #YO01 - SPEED LIMIT ON YARROW DRIVE. Council introduced the following Ordinance: ORDINANCE NO. 3211, AMENDING TITLE IO, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.230 TO ESTABLISH THE SPEED LIMIT ON YARROW DRIVE FROM PALOMAR AIRPORT ROAD TO CAMINO VIDA ROBLE. 16. AB 89002 - PARKING RESTRICTION ON WESTERLY SIDE OF CARLSBAD BOULEVARD FROM GRAND AVENUE TO ELM AVENUE. Council introduced the following Ordinance: ORDINANCE NO. 3212, AMENDING TITLE IO, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SEVEN DAYS A WEEK ON THE WESTERLY SIDE OF CARLSBAD BOULEVARD BETWEEN GRAND AVENUE AND ELM AVENUE. SECTION 10.40.126 TO DECLARE A TWO-HOUR PARKING ZONE 17. AB #9003 - 1987-88 OPERATING BUDGET. 3im Elliott, Finance Director, gave a staff report summarizing the contents of the Agenda Bill. He stated he would be pleased to meet with Council Members individual1.y to respond to questions prior to the Budget Workshop on May 26th and the Public Hearing on June 9, 1987. /M 1 lu Lewis Kulchin Pettine Mamaux Larson X Lewis Kulchin Pettine X Larson Mamaux Lewis Kulchin Pettine X Mamaux Larson e 0 MINUTES May 12, 1987 Page 7 I I DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) I [451 ACQUISITION. [48] 18. AB 118823 - Supplement f2 - HOSP GROVE City Attorney Vincent Biondo gave the staff report stating that all documents have not been signed and approved by all parties, but they are ready to present to Council. He also indicated that he had some recommended modifications and it would be necessary for him to present those modifications to Council verbally in that time would not permit a delay on the matter. He stated that this item contained the Acquisition Agreement, and he referred to a letter from Mr. Howard Rubinroit, dated May 11, 1987, and the changes contained therein. Mr. Biondo recommended the Council adopt Resolution No. 9068, which approves the acquisition agreement as amended by Mr. Howard Rubinroit's letter of May 11, 1987 except as to Exhibit "HI' to the Acquisition Agreement which is the Mutual Releases for the Lagoon Foundation and Friends of Hosp Grove. He continued stating that as to Exhibit "H", he felt an agreement had been reached with the parties though it had not been signed. He stated that the essence of the arrangement is as follows: "The action will be dismissed with prejudice as to all parties. The Council, in the Acquisition Agreement, states that it has no present intention of developing the Hosp Grove properties other than for park or open space purposes, the Council has no present intention of attempting to utilize or rely on the Hosp GrovefOdmark EIR and will therefore agree to decertify it; and upon the close of escrow, everyone releases everyone from everything. Further, the Friends of Hosp Grove will waive and release all parties from any claims they might have for attorney fees arising out of the litigation.'' Council- adopted RESOLUTION NO. 9068, authorizing the expenditure of the necessary funds and approving the agreements for acquisition of Hosp Grove as amended by the May 11, 1987 letter from Mr. Howard Rubinroit except as to the section dealing with Exhibit "H", the Friends of Hosp Grove release, which is revised in accordance with the City Attorney's recommendation as follows: The City will decertify the EIR in return for a dismissal of the Friends of Hosp Grove litigation with prejudice, a release and a waiver of attorney's fees; and Council decertified the Hosp Grove Environmental Impact Report subject to execution of the release documents by all parties to be effective on the close of escrow. 147 - Lewis Kulchin Pet t ine X Mamaux Larson 0 0 MINUTES May 12, 1987 Page 8 [481 [ 941 [381 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 19. AB 88830 - Supplement 12 - HOSP GROVE REFERENDUM. Council adopted the following Resolution and introduced the following Ordinances (one motion, with final Council action being subject to execution of documents and close of escrow for the puchase of Hosp Grove) : RESOLUTION NO. 9069, REVISING RESOLUTION NO. 8848 TO RESCIND THE APPROVAL OF AN AMENDMENT TO THE LAND USE REFERENDUM. ORDINANCE NO. 9832, REPEALING ORDINANCE NO. 9813 AND RESCINDING THE CHANGE OF ZONE GRANTED THEREBY AS REQUIRED BY THE HOSP GROVE REFERENDUM PETITION. ORDINANCE NO. 9833, RESCINDING A PORTION OF ORDINANCE HOSP GROVE MASTER PLAN AS REQUIRED BY THE HOSP GROVE REFERENDUM PETITION. ElEMENT GPAjLU 86-10 AS REQUIRED BY THE HOSP GROVE NO. 9815 APPROVING MASTER PLAN AMENDMENT MP-IC OF THE 20. AB 1,8980 - PARKING AUTHORITY APPOINTMENT. Council Member Lewis requested that the item be continued for two weeks, and Council concurred. 21. AB f9004 - CITY MANAGER RECRUITMENT. City Manager Frank Aleshire gave the staff report on the item as contained in the Agenda Bill. Council adopted the following Resolution: RESOLUTION NO. 9070, APPROPRIATING FUNDS AND AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH HUGHES-HEISS & ASSOCIATES. PUBLIC COMMENT: ~ ~~ Mike Foote, Foote Development, 5205 Kearny Villa Way, $1211, San Diego, addressed Council with regard to his project and its status relative to the Moratorium Ordinance, Growth Management Plan, and the Facilities Zone Plan. He distributed a copy of his comments to Council, and requested that the procedure suggested in a letter to the City Manager dated May 6, 1987, (copy furnished to Council) be placed on the Council Agenda in two weeks for discussion. Council directed the City Manager to place the matter on the next available agenda. 1% - Lewis Kulchin Pet t ine Mamaux X Larson Lewis Ku1chi.n X Petthe Mamaux Larson 0 e MINUTES May 12, 1987 Page 9 COUNCIL REPORTS: - Council Member Pettine stated he appeared before the Encinitas City Council the previous evening during their Public Comment time. SANDAG Council Member Mamaux reported on the upcoming regional solid waste management workshop. City/School Committee Council Member Mamaux reported on recent activities. Regional Water Reclamation Agency Council Member Larson reported on the matter. Village Merchants Association Counci.1 Member Kulchin stated there would be a meeting on Tuesday morning at 7:30 a.m., in the Council Chambers. San Dieguito Planning Board Council Member Kulchin reported on a recent meeting. SANDAG Subcommittee Council Member Kulchin reported the subcommittee had meet to consider the ballot wording on the half cent tax ballot measure. Circulation Committee Mayor Lewis reported on the recent meeting. League Executive Board Mayor Lewis reported on the recent meeting. CLOSED SESSION: [41] 22. PENDING LITIGATION. [74] 23. TO REPORT ON EMPLOYEE LABOR NEGOTIATIONS. Council authorized a Closed Session to consider pending litigation pursuant to Government Code Section 54956.9(a) to receive legal advice regarding Dillard vs. City of Carlsbad; and Council authorized a Closed Session to instruct their representatives on labor relations. Council adjourned to a Closed Session at 8:25 p.m. Council reconvened at 9:05 p.m., and Mayor Lewis indicated Council had instructed their employee negotiators and instructed the City Attorney regarding Dillard vs. City of Carlsbad. I I45 c \p 5 COUNCIL "0 4 MEMBERS St. t 539 a a MINUTES May 12, 1987 Page 10 COUNCIL \p % J-9 "0 4 MEMBERS .;t ? ADJOURNMENT: By proper motion the Meeting of May 12, 1987, was adjourned at 9:06 p.m. Respectfully submitted, 6kWL- R. Qy ALETHA L. RAUTENKRANZ City Clerk ALR : tb I 4 Y