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Home My WebLink About1987-07-07; City Council; MinutesN 0 e MINUTES (74) (62) (41) (45 1 Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 7, 1987 5 Time Place of of Meeting: Meeting: 6.00 City p.m. Council Chambers \y 559 MEMBERS CoUNC'L ?h .: CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the Deputy City Clerk, as follows : Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent : None. INVOCATION was given by Paster Thomas Meeks from the La Costa Lutheran Church. PLEDGE OF ALLEGIANCE was led by Council Member Larson. APPROVAL OF MINUTES: (one motion) Minutes of the Adjourned Meeting held 3une 1, 1987, were Lewis approved as presented. Kulchin X Minutes of the Regular Meeting held 3une 2, 1987, were Mamaux approved as presented. Larson Minutes of the Regular Meeting held 3une 9, 1987, were approved as presented. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, Lewis as follows: Kulchin X Pettine Pettine Mamaux Larson Council Member Pettine noted he would abstain on Item #9 of the Consent Calendar. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB 119086 - MEMORANDUM OF UNDERSTANDING WITH CARLSBAD CITY EMPLOYEES' ASSOCIATION. Council adopted RESOLUTION NO. 9147, adopting a memorandum of understanding between representatives of management and the Carlsbad City Employees' Association. 2. AB /I9073 - AMICUS APPEARANCE IN AB 884 CASES. Council authorized the City to join as amicus in Snedaker v. County of San Bernardino and Hermansen Construction Co. v. County of San Bernardino. 3. AB #/9074 - CITY V. 3AYKIM ENGINEERING, INC. - HOME PLANT SEWER LIFT STATION. Council adopted RESOLUTION NO. 9138, approving the settlement and mutual release of claims agreement between the City of Carlsbad and 3aykim Engineering Compan for the engineering design of a home plant sewer lift station. AJ2. I (50) (92) (45) (81) (99) (81) (99) (99) 0 * MINUTES 3uly 7, 1987 Page 2 CONSENT CALENDAR: (continued) 4. AB 119075 - REFUND OF FEES. I Council approved the refund of $1,807.78 to Hatton Company for overpayment of fees. 5. AB /I7158 - Supplement 1114 - 35TH SUPPLEMENT TO BASIC AGREEMENT OF THE ENCINA JOINT POWERS. Council adopted RESOLUTION NO. 9139, authorizing execution of the thirty-fifth supplement to the Encina 3oint Powers Basic Agreement approving an extension of the agreement between the City of Vista and the City of Oceanside for temporary exchange of flows between agencies. 6. AB 9076 - ACCEPTANCE OF GRANT DEED - CARLSBAD TRACT NO. 85-18, UNITS 1 AND 2. Council adopted RESOLUTION NO. 9140, accepting a grant deed conveying a sewer esement to provide for installation of a sewerline to provide service to Units 1 and 2 of CT 85-18, Pannonda. 7. AB 89077 - ACCEPTANCE OF GRANT DEED FOR PUBLIC UTILITY PURPOSES. Council adopted RESOLUTION NO. 9141, accepting a grant deed conveying a public utility easement off Loker Avenue West in the Carlsbad Oaks Industrial Park. 8. AB /I7339 - Supplement 1110 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 83-2, UNITS 1-6 - LAS PLAYAS. Council accepted the public improvements, authorized the City Clerk to release bonds appropriately, and directed the Utilities and Maintenance Department to commence maintaining the public improvements associated with CT 83-2, Units 1-6. 9. AB /I3242 - Supplement f6 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - SPINNAKER POINT - CT 74-04. Council accepted the public improvements, authorized the City Clerk to release bonds appropriately, and directed the Utilities and Maintenance Department to commence maintaining the public improvements associated with CT 74-04. Council Member Pettine abstained on this item. 22 I \p 5 COUNCIL % 3 MEMBERS + f I Pettine e e MINUTES 3uly 7, 1987 Page 3 COUNCIL \p % + 3 MEMBERS % c CONSENT CALENDAR: (continued) (99) 10. AB 88719 - Supplement 81 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 85-36 - CARLSBAD OCEANVIEW ESTATES. Council accepted the public improvements, authorized the City Clerk to release bonds appropriately, and directed the Utilities and Maintenance Department to commence maintaining the public improvements associated with CT 85-36. (50) 1 1. AB 89078 - REFUND OF FEES. Council approved the refund of $17,523 to the Koll Company for overpayment of fees. (f23) 12. AB %9079 - AGREEMENT FOR DESIGN OF ART WORK IN THE (45) REDEVELOPMENT AREA. Council adopted RESOLUTION NO. 9142, approving an agreement between the City of Carlsbad and Andrea Blum for design of artwork in the redevelopment area. ORDINANCES FOR ADOPTION: (72) 13. AB #I9061 - "NO PARKING" ZONE ON EASTERLY SIDE OF CARLSBAD BOULEVARD FROM PALOMAR AIRPORT ROAD TO LA COSTA AVENUE. Council adopted the following Ordinance: Lewis ORDINANCE NO. 3214, AMENDING TITLE IO, CHAPTER 10.40 OF Pettine THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.40.061 TO DECLARE A "NO PARKING" ZONE ON THE Mamaux AVENUE. AIRPORT ROAD TO THE SOUTHERLY CITY LIMIT NEAR LA COSTA EASTERLY SIDE OF CARLSBAD BOULEVARD FROM PALOMAR Larson Kulchin X (72) 14. AB #I9062 - TWO-HOUR PARKING RESTRICTION FIVE DAYS A WEEK ON MARJORIE LANE. Council adopted the following Ordinance: MARJORIE LANE. A WEEK BETWEEN THE HOURS OF 7:OO A.M. AND 4:OO P.M. ON Mamaux THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION Pettine ORDINANCE NO. 3215, AMENDING TITLE 10, CHAPTER 10.40 OF Lewis Kulchin X 10.40.062 TO DECLARE A TWO-HOUR PARKING ZONE FIVE DAYS Larson (102) 15. AB 89063 - DELETION OF A PORTION OF PASEO DEL NORTE AS A TRUCK ROUTE. Council adopted the following Ordinance: Lewis ORDINANCE NO. 3216, AMENDING TITLE 10, CHAPTER 10.32, Pettine SECTION 10.32.091 OF THE CARLSBAD MUNICIPAL CODE BY THE AS A TRUCK ROUTE. Larson DELETION OF SUBSECTION (h) DESIGNATING PASEO DEL NORTE Mamaux Kulchin X C 420 0 0 MINUTES 3uly 7, 1987 Page 4 /v CoUNC'L % .: %'p MEMBERS Mayor Lewis announced Item 824 would be heard before the public hearings and Item 1/20 would be trailed to follow Item 1/22. DEPARTMENTAL AND CITY MANAGER REPORTS: 24. AB f8952 - Supplement 82 - REPORT OF CIRCULATION COMMITTEE ON RANCHO SANTA FE ROAD CORRIDOR. 3eanne McFadden, Chairman of the Circulation Committee, gave the report on this item, stating copies of the final report were available at the front of the Chambers. Mrs. McFadden reported the Committee heard concerns on safety, noise, vibration, air pollution, decreased property values and access to Stagecoach Park. She reported the Circulation Committee supported the existing Circulation Element, and recommended retaining Rancho Santa Fe Road as a prime arterial with the genera alignment of the road retained, but moved east as engineering standards permit to allow for noise and safety mitigation. I The Committee also voted to build Rancho Santa Fe Road t prime arterial standards, but stripe it for four lanes until the full width is needed. Mrs. McFadden went through the recommendations contained in the report on pages 3 and 4. Council recognized Mr. games Diluca, 7961 Calle Posada, representing the residents of Colinas de Oro. Mr. Diluca reported that he had presented a petition to the Committee requesting Rancho Santa Fe Road be designated a major arterial rather than a prime arterial. William Daugherty, 2600 La Golondrina Street, representing the Ponderosa Country Homeowners Association, spoke in opposition to the Committee's recommendations with regard to routing, classification or east/west, north/south road building. Mr. Daugherty suggested that Council channel efforts toward less dependence on the automobile and a more balanced transportation system. 1 3ohn Waterstradt, 7312 Muslo Lane, expressed his opposition to the Committee's report and spoke in favor of moving Rancho Santa Fe Road into the canyon area. Duan E. Harding, 6816 Urubu Street, addressed Council stating she did not feel she should have to pay for the errors of other people who bought property by Rancho Santa Fe Road. She read from a letter she had written to Council Members, stating the people who bought homes by Rancho Santa Fe Road should not blame others for their actions. Dr. Joe Dunn, 3352 Del Rio Court, Hillside Patio Homes Association, spoke representing 151 homeowners along the western border of Rancho Santa Fe Road. He spoke of their concern about the effect these changes would have on the safety, property and life style of these residents. &I 9 - 0 0 MINUTES July 7, 1987 Page 5 Dr. Dunn stated Rancho Santa Fe Road is a regional issue, and the cooperation of Encinitas and San Marcos is necessary and prudent. He suggested four lanes be built, and the funds for the additional two lanes be kept in a bond until there is a future need. This would be a more cautious approach than building six lanes and striping four. 3ohn Waszcnak, 7252 Esfera Street, spoke of his concern with the lack of a consistent integrated regional plan for this area. Mr. Waszcnak suggested putting Melrose in to the east of the new communities and the park, since the planners had said the solution to the problem would be the building of Melrose. Mr. Waszcnak suggested Rancho Santa Fe Road be moved into the canyon, and limited to four lanes, and Melrose should be built, as he previously suggested. Girard Anear, 1728 Calavo Court, indicated to the audience the amount of material given to the Circulation Committee for their perusal. Mr. Anear stated moving Rancho Santa Fe Road to the east would not be safer, and the cost would be tremendous. The developers will not pay that cost--the homeowners will. He concluded, stating Council has a good traffic circulation plan before it and they should make a decision based on facts. Doug Avis, La Costa Ranch Company, addressed Council stating he neither supported nor opposed the Committee report, but recommended his company participate in the process to build the safest, quietest road. He said the solution to the problems would come with widening the road and re-locating it, and they accepted that responsibility. Mr. Avis suggested staff and La Costa Ranch Company enter into discussions to come back to Council with a solution to the noise, property value and safety issues. This would be a decision the residents could live with and La Costa Ranch Company could afford. He asked for an opportunity to solve these problems within 30 days, with a staff member, residents and his company. Mike Glass, 3340 Bajo Court, representing Citizens Against R.S.F. Road, stated the only acceptable realignment is eastward into the canyon. He added the Committee did not view the conditions of the road and the topography. Mr. Glass stated residents were told the road would be built along the base of the hills, at the farthest point to the east. , I , 0118 e 0 MINUTES July 7, 1987 COUNCIL \y %P /o b Page 6 MEMBERS Z. ' I . Council Members inquired about the City map and Mike Holzmiller explained this was a zoning map and was not intended to show roadways in an accurate manner. In answer to Council query regarding who would ultimately pay for the road, staff indicated it would be the homeowners, as the developer would pass the cost along to them. The City would maintain the road, which is paid by taxpayers' money. If the road were moved and was then a longer route, the taxpayers would pay the extra cost of maintenance. If property had to be condemned to move the road, the City would have to pay for that property, and indirectly, that would again be the taxpayers paying for that added cost. City Engineer Lloyd Hubbs stated to design the road to make a lower speed on it would be a dangerous policy. In answer to Council query regarding proposed traffic signals on Rancho Santa Fe Road, Mr. Hubbs replied there would be five traffic llights installed, and that would slow the traffic flow. Council Member Pettine stated the location of Rancho Santa Fe Road should be determined before the decision is made whether to build it as a prime arterial. Mike Holzmiller stated the classification of the road is the primary consideration, as that would determine the amount of grading needed and the environmental impact. The actual impact on the land would make a significant difference. Mr. Hubbs added the environmental impacts and costs had not been studied specifically at this time, and would take approximately six to nine months to complete. In response to Council questions, staff indicated Encinitas and San Marcos are considering the designation of Rancho Santa Fe Road at the present time, but no decisions have been made. It is expected there will be decisions from these two cities by the end of summer. They also indicated Highway 680 would not have much impact, but the building of Melrose was important. In response to Council query regarding the 30-day study time suggested by La Costa Ranch Company, Mr. Hubbs said alternatives could be explored in that time, with more specific details on location of the road and mitigation measures. An EIR will need to be done on any alternative that is selected. I Council Member Pettine reiterated his opinion the alignment should be determined first. He said when this was a county road, it was designated as a prime arterial. However, when it was annexed to the City, it was designated as a major arterial until it was upgraded in 1984. The land use designation between 1972 and 1984 caused the problem, and that should be addressed. If there had been proper attenuation, there would be no problem today. He felt the road needed to be moved substantially. 417 I u 0 0 MINUTES July 7, 1987 Page 7 COUNCIL /y AT "0 J MEMBERS .;t I DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council retained the prime arterial classification for Rancho Santa Fe Road and directed it to be constructed as a prime arterial, but striped initially as a major arterial until full width is needed. Council Member Pettine indicated his negative vote was for reasons previously stated. Council appointed a Committee to study the re-align- ment of Rancho Santa Fe Road, to determine the safety, noise pollution, environmental problems, and make several recommendations to Council. The City Engineer is to be in charge of this committee, with La Costa Ranch Company represented and paying for the costs, with Mr. Dunn, Mr. Glass and Mr. Reece as members of the committee. Council approved the Short and Long-Term Mitigation Measures as recommended by the Circulation Committee on page 4 of their report on Rancho Santa Fe Road. RECESS : Mayor Lewis declared a recess at 8:05 p.m., and Council re-convened at 8:17 p.m., with all Members present. PUBLIC HEARINGS: I (57) 16. AB #9080 - GENERAL PLAN TEXT AMENDMENT TO ALLOW EXISTING R-2 LOTS TO BE DEVELOPED WITH DUPLEXES - I GPA/LU 86-12. I Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using transparencies and wall charts to indicate the affected areas. Mayor Lewis opened the public hearing at 8:25 p.m., and issued the invitation to speak. Richard Armstrong, Architect, 2111 Industrial Court, stated he had built some duplexes in La Costa and would like to know whether those could be converted into condominiums. Staff answered no action can be taken until the zone plan for that area has been completed and approved by Council. After the zone plan has been approved, applications may be submitted to the City. Lewis Kulchin Pettine Mamaux Larson Lewis Kulchin Pettine Mamaux Larson I Lewis Kulchin Pettine Mamaux Larson Since no one else wished to speak on this item, the public hearing was closed at 8:29 p.m. Mike Holzmiller commented on one question which arose at the Planning Commission meeting regarding the Garfield/Sequoia area. This R-2 area is part of the north beach planning study. However, this action would not prejudice any action Council might take as a result of the north beach planning study. Assistant City Attorney Ron Ball stated the GPA should include the Growth Management standards. c2/b r1 X X (57) (77) e 0 MINUTES July 7, 1987 Page 8 PUBLIC HEARINGS: (continued) Council directed the City Attorney’s Office to X Lewis prepare documents approving GPA/LU 86-12. Kulchin Pettine Mamaux Larson 17. AB /I9081 - GENERAL PLAN AMENDMENT FROM RMH to RM ON PROPERTY GENERALLY SOUTH OF CORTE DE LA VISTA AND EAST OF ALICANTE ROAD - GPA/LU 86-6. Charles Grimrn, Assistant 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 8:37 p.m., and issued the invitation to speak. Doug Avis, La Costa Ranch Company, spoke in suuport of the change, stating this was more in conformance with the neighborhood. Since no one else wished to speak on this item, the public hearing was closed at 8:40 p.m. Council Member Pettine inquired why this was changed, and staff used a graphic to show the subject property, indicating the SDG&E easement provided a buffer zone for the area and the other surrounding lots were approximately 5,000 square feet. These lots would be about that same size. Council Member Pettine suggested a zone of “4-4.5 or-5 to lock in a maximum of five units per acre, stating his desire for a cap of less than six units. Council adopted the Negative Declaration issued by the Lewis Planning Director and directed the City Attorney’s Kulchin Office to prepare documents approving GPA/LU 86-6 and Pettine approved Resolution of Intention for a zone change from Mamaux X “rY?k4 RD-M to RD-”6. Larson Council Member Pettine indicated his negative vote was because this would create the potential for more units. 18. A6 f9082 - REQUEST TO PREPARE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 15. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the zone. He updated the information regarding property owners who had agreed with the request to have the plan prepared, and the percentage is now 98 percent of the undeveloped private ownership. Playor Lewis opened the public hearing at 8:55 p.m., and issued the invitation to speak. Jack Henthorn, Development Consultant, 3892 Jefferson, addressed Council representing the land owners, stating agreement with the recommendation. Since no one else wished to speak on this item, the public hearing was closed at 8:56 p.m. a5 0 0 MINUTES COUNCIL /y %9 "0 J July 7, 1987 Page 9 MnEMBERS Z. ' PUBLIC HEARINGS: (continued) Council authorized the Alex Land Corporation, Lewis Bieri/Avis and the Mandana Cal Company to prepare the Pettine Local Facilities Management Plan for Zone 15. Mulchin Mamaux Larson X DEPARTMENTAL AND CITY MANAGER REPORTS: i (73) 19. AB 1.9083 - REQUEST FOR PERMISSION TO GRADE ON CITY- OWNED LAND - KELLY. Charles Grimm, Assistant Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the site. Council approved a minor grading encroachment from the Lewis Kelly property into Macario Canyon, provided it was Mulchin done in a manner which would be sensitive to future Pettine park uses. X Mamaux ~ Larson (77) 20. AB 119043 - Supplement 112 - FOOTE - GROWTH MANAGEMENT ZONE 2 AGREEMENT. This item was trailed to follow Item 1122. (99) 21. AB 118927 - Supplement 111 - TOLLING REQUEST - CARLSBAD HIGHLANDS - CT 82-12/PUD 42. Marty Qrenyak, Community Development Director, gave the staff report as contained in the Agenda 3ill. Nick Banche, 810 Mission Avenue, Oceanside, spoke in favor of this request, stating the owner has a lot of money invested in this project, and the only way to recover that money is to complete the project. Council adopted the following Resolution: Lewis Kulchin RESOLUTION NO. 9143, APPROVING AN AGREEMENT BETWEEN THE Pettine CITY OF CARLSBAD AND THE BUIE CORPORATION RELATING TO Marnaux X EXPIRATION OF CT 82-12, CARLSBAD HIGHLANDS. Larson (63) 22. AB 118867 - Supplement 111 - LIBRARY SITE AND FUNDING RECOMMENDATION FOR A NEW LIBRARY IN SOUTH CARLSBAD . Cliff Lange, Library Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the five sites considered by the Site Committee. A wall map was used to show the entire site area, with the Library on the most prominent part of the site. In response to Council query, Dr. Lange stated it would be less expensive to build the structure to the full capacity, even though the interior miaht not be completed right away. Jl~ 0 0 3uly 7, 1987 MINUTES Page 10 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Member Mamaux stated he had a problem with committing the PFF money to the Library, and staff explained this would not be the total PFF money, but only a portion, up to the debt service cost for the Library. Acting City Manager Ray Patchett explained PFF money is set aside for the Las Palmas facility and the Library, and they are the only two such facilities. He added it was important to underscore this was the site the City preferred, but if it were not possible to work out an arrangement with the property owners, a request would come back to Council for an alternative site. There is no obligation at this time, and the City Manager will negotiate a purchase agreement. Paul Schwartz, 3544 Simsbury Court, representing the Carlsbad Chamber of Commerce, read from the letter addressed to the Mayor from Gerald Long, President of the Chamber. The Chamber expressed concern with committing PFF money to the construction of the Library, with the possible delay of other worthy projects. The Chamber recommended expansion of the existing Library, and a phased-in project in the capital improvement plan, to be completed in the late 1990's. Council approved the recommended Library site and directed the City Manager to negotiate a purchase agreement with the owner; directed the City Manager to include funds in the CIP for land acquisition and construction of a Library; and directed the City Manager to evaluate alternative methods of financing and constructing the library (developer build vs City build). (Item 20 was trailed to follow Item 22) (77) 20. AB /I9043 - Supplement f2 - FOOTE - GROWTH MANAGEMEN ZONE 2 AGREEMENT. 1 Marty Orenyak gave the staff report as contained in the Agenda Bill. Robert Feldmann, 2703 Tiburon Avenue, addressed Council stating the homeowners were present with a petition requesting Council to allow Mr. Foote's development. Suzanna George, 12557 Spindletop Road, San Diego, sales person for Summit, stated it was difficult to explain to prospective buyers that you could not tell them when they might be able to move in to the development. d 13 \y 5 COUNCIL "0 J MEMBERS Z. ' 559 Lewis Kulchin Pettine Mamaux X Larson * a MINUTES 3uly 7, 1987 Page 11 (87) (r 03) (14 (37) DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Council Members discussed the possibility of Mr. Foote taking out building permits, which would then vest him for what was in existence at that specific time, as far as any public facilities deficiencies. Council by consensus returned this item to staff to have Mr. Foote and Mr. Orenyak work on the agreement item by item. The matter to be brought back at the next meeting, 3uJ.y 14, 1987. 23. AB #9084 - SOLID WASTE RECYCLING. This item was continued to July 14, 1987. 24. AB f8952 - Supplement 82 - REPORT OF CIRCULATION COMMITTEE ON RANCHO SANTA FE ROAD CORRIDOR. This item was taken up out of order. (See page 4) 25. AB 119085 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. This item was continued to July 14, 1987. PUBLIC COMMENT: No one wished to speak during the Public Comment period. 26. CLOSED SESSION TO REPORT ON EMPLOYEE LABOR NEGOTIATIONS. The Closed Session was continued for one week. ADJOURNMENT: By proper motion, the Meeting of 3uly 7, 1987, was adjourned at 10~03 p.m. Respectfully submitted, Tii.xn J Deputy City Clerk Harriett Babbitt Minutes Clerk INFORMATION ITEM: 27. SISTER CITIES-FUTTSU JAPAN. The matter was continued for one week. - 311. 7 \y COUNCIL /o J MEMBERS Z. ' or9 I