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HomeMy WebLinkAbout1987-07-28; City Council; Minutes0 0 MINUTES (81) (45) (55) (74) Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: 3uly 28, 1987 Place of Meetings City Council Chambers COUNCIL % % MEMBERS % $ Time of Meeting: 6:OO p.m. \p 5 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. PRESENTATION: Mayor Lewis read a Proclamation acknowledging and thanking Hoehn Motors for their contribution of $15,000 to be used for the upcoming concert "End of Summer Pops". Bill Hoehn accepted the Proclamation and presented the $14,000 check to Mayor Lewis. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as Lewis follows: Kulchin X Pettine Mamaux I Larson WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB f9009 - Supplement #I - AWARD OF CONTRACT FOR THE REHABILITATION OF THE CARLSBAD SANTA FE DEPOT - CONTRACT f3003. Council adopted RESOLUTION NO. 9170, accepting bids and awarding Contract No. 3003 for the rehabilitation of the Carlsbad Santa Fe Depot to Muro Construction. 2. AB 89105 - REQUEST FOR AUTHORIZATION TO COOPERATE WITH THE CITY OF ENCINITAS TO HIRE A CONSULTANT TO REVIEW THE HEALTH RISK ASSESSMENT FOR THE SAN MARCOS TRASH TO ENERGY PLANT. Council directed staff to cooperate with the City of Encinitas to share the cost of hiring a consultant to review the Health Risk Assessment for the San Marcos Trash to Energy Plant; and adopted RESOLUTION NO. 9171, authorizing the transfer of funds for a study of the health risks associated with the San Marcos Trash to Energy Plant. 3. AB #9106 - RECLASSIFICATION OF CERTAIN JOBS. Council adopted RESOLUTION NO. 9172, reclassifying the positions of Clerk Typist I1 in Parks & Recreation to a Secretary I, the Secretary I to a Secretary 11 in Personnel, and the Account Clerk I1 in Purchasing to a Buyer. 45 I (95) (45) (111) (111) (74) (114) (70) e 0 MINUTES \y 5 3uly 28, 1987 Page 2 COUNCIL % 9A MEMBERS % q. CONSENT CALENDAR: (Continued) 4. AB f9047 - Supplement 81 - 1986-87 CURBS, GUTTERS AND SIDEWALKS REPLACEMENT PROGRAM. Council adopted RESOLUTION NO. 9173, accepting the bids and authorizina the execution of Contract No. U/M-14 for the 1986-87 curbs, uutters and sidewalks replacement program. 5. AB /#9107 - WATER POLICY FOR SOUTHERN CALIFORNIA. Council adopted RESOLUTION NO. 9174, in support of "The Southern California Water Policy". 6. AB 1'19108 - REQUEST FOR FUNDING FOR VIRUS STUDY BY SAN DIEGO REGION WATER RECLAMATION STUDY. Council accepted the staff recommendation not to participate in additional funding for the CCBA project. 7. AB 89109 - ADJUSTMENT TO THE MANAGEMENT COMPENSATION PLAN AND THE PART-TIME SALARY SCHEDULE FOR 1987-88. Council adopted RESOLUTION NO. 9175, adopting an adjustment to the Management Salary Plan effective June 29, 1987, and the Part-time Salary Schedule effective 3uly 27, 1987. ORDINANCE FOR ADOPTION: 8. AB #9101 - ZONE CODE AMENDMENT REGARDING LOCATION OF COMMUNITY DIRECTIONAL SIGNS - ZCA-200 - CITY OF CARLSBAD . Council adopted the following Ordinance: Lewis ORDINANCE NO. 9834, AMENDING TITLE 21, CHAPTER 21.41 OF Pettine THE CARLSBAD MUNICIPAL CODE BY REVISING SECTION COMMUNITY DIRECTIONAL SIGNS. Larson 21.41.076(C) (1) TO ALLOW ADDITIONAL TEMPORARY Mamaux DEPARTMENTAL AND CITY MANAGER REPORTS: Mayor Lewis requested Item ]#IO be taken out of order at this time, and Council Members concurred. IO. AB l'F.7439 - Supplement 82 - AGUA HEDIONDA LAGOON Kulchin x; BOARD SAIL REQUEST. Dave Bradstreet, Parks & Recreation Director, gave the staff report as contained in the Agenda Bill and his Memorandum to the Acting City Manager dated July 24, 1987. Transparencies were used to show the recommended alternative, emphasizing this would allow year-round use for all groups. Mr. Bradstreet stated the need to educate the 1.aaoon users of the new areas and patterns to be followed, but felt this could be easily accomplished. as0 I 0 0 MINUTES 3uly 28, 1987 Page 3 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis asked about the fishermen, and Mr. Bradstreet answered they will be allowed in the passive area, if they have a boat with no motor. If they have a motor on the boat, they may go into the lagoon area to fish, but not in the water ski area. In answer to query regarding insurance requiments, staff stated they require "hold harmless agreements" f ran the boardsailors, but could not require them to have insurance. The owners of Snug Harbor do require anyone launching from their facility to have insurance. The Acting City Manager added Assistant City Attorney Ron Ball had researched a method to require insurance 01 boardsailors, and he would like this idea pursued. Robert Colvin, 703 Magnolia, spoke in favor of the proposed alternative, but adding the area for the 5 m.p.h. corridor is lined with rocks and is dangerous. Mr. Colvin recommended keeping the jet skiers where they are and bringing the windsurfers to the east end of the lagoon and water skiers near the Bristol Cove area. 7 Rebecca Windle, 2945 Valley Street, spoke in favor of the proposal, stating this would allow her to boardsail in the summertime. Steve Ahle, 4733 Gateshead Road , spoke in favor of the proposal, stating it eliminated mixed use and was a good compromise allowing all users access to the lagoon at all times. 3ody MacMurray, 4771 Endeavor Lane, representing Laguna Del Mar Horneowners Association, spoke in opposition, stating the access was a concern of the adjacent homeowners and presented problems they would like to have addressed. Mrs. MacMurray stated this access is on a blind corner, which would cause a problem with additional parking. There is a problem with littering in that area, as well as noise. She was concerned about the policing of any parking area created there. Mrs. MacMurray stated the neighbors are concerned that the City spending $5,000 to improve the legal access is not enough and that it will be dusty and aesthetically unattractive. Mrs. MacMurray also commented on the end of the access by the water, where there is a small cliff, and she felt something should be done to keep that from being impacted. Mrs. MacMurray concluded, suggesting the access should be attractive, with paving , trash cans and restrooms. (299 0 0 MINUTES 3uly 28 , 1987 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Scott Brusseau, 4607 Park Drive #A, spoke for Larry Bullock, President of the Bristol Cove Boat and Ski Club, in favor of leaving the regulations as they are at the present time. He expressed concern with improving the access area in a proper manner with the amount of money to be spent by the City. Mr. Brusseau stated he did not want the lagoon to go to all passive use, but at the same time would like Parks & Recreation to continue to work to address other lakes or lagoon areas that are under-utilized at this time. Frank Piracci , 2923 Lancaster Road, spoke in favor of the proposed compromise. He used a transparency to show the average wind speed in San Diego during a one- year period, stating April through September is a more consistent time for wind, Allowing the boardsailors to use the lagoon year-round will certainly be gratifying to those users, particularly the ones who work during the week. Jim Courtney, 4914 Avila, felt this was solution where everyone wins. He suggested transferring the 5 m.p,h. corrdidor to the west side of the lagoon to keep the counter-clockwise movement. Mr. Courtney also asked for staff to explore the possibility of developing Calavera Lake as a tri-City facility . Steve Lees, 1449 Burroughs, Oceanside, spoke in favor of the proposed alternative, thanking Parks & Recreation, the Risk Manager and Planning Department for all the work, time and effort they have put into achieving a solution to the lagoon use. Mr. Lees stated he felt this was an excellent cmpromise. Roxanne Rusing, 4215 Harrison Street, Snug Harbor Marina, spoke in favor of the canpromise and also thanked everyone for the time spent on this issue. She felt other water resources should be explored as possible places for future passive use, and this lagoon should be saved for active use. Tom Frey, 1840 East Pointe, addressed Council stating his only concerns were the 25-foot easement area and the danger of increasing liability by decreasing the areas for each group of lagoon users and increasing the density in each area. He also inquired about the planned improvements for the easement area. Mr. Bradstreet stated that they plan to grade the area, knock down the mounds and fill in the depressions and make a trail 10 feet wide. Fencing will be put in to keep automobiles from going onto private property and staff will talk with the neighbors to re-fence their properties. He stated there will be no paving done, but the area will be cleaned up and trash cans will be installed, and the police will be asked to patrol the area. 2YR 0 0, MINUTES 3uly 28, 1987 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Bradstreet stated that staff had determined there is adequate sight-distance to allow for safe parking of approximately 35 cars in the area. He added there are no plans for a restroom, but staff will investigate that and make proper provisions in a manner that will not be objectionable to the neighbors. In response to query regarding dredging of the lagoon, Mr. Bradstreet stated this had been investigated three or four years ago. The only thing the State of California would allow the City to dredge would be the sandbar itself. The cost to do this would be tremendous, and because of that, the matter has Seen on hold. Other funding possibilities have been investigated, and Council Member Kulchin stated she had mentioned this dredging to Mr. Hall of the Port of Los Angeles. In response to questions, Lynn Chase stated there are two people on duty at the lagoon on weekends from May 30 through the first weekend in September. The patrolman is there on weekends and Holidays and two to three days a week. She stated she has recommended this be a full-time position for the Lagoon Patrolman, since in the winter- time there is no enforcement. Robert German, Risk Manager, stated the compromise reduces the risk currently faced by separating the three use areas and yet satisfying everyone's needs. In answer to Mr. Courtney's suggestion regarding the counter-clockwise approach of having boats go out on the south shore and return along the north shore, Mr. German replied the one corridor was selected because of the problem with the west channel. It was felt one approach going clock-wise would be safer. Council approved the following by one motion: Lewis Kul ch in Council approved the staff recommendation contained Pettine in the Parks & Recreation Director's memorandum three separate use areas on a year-round basis. Larso n dated 3uly 24, 1987, to divide the lagoon into x Mamaux Council directed staff to establish a public access at the northeast section of the lagoon. Council directed staff to make the necessary revisions to the Code to reflect these changes. Council suggested the slalom course remain in the SUA with a condition that it will not be used if there is any passive activity. 23 7 e a MINUTES (79) (70) (28) 3uly 28, 1987 \y 5 Page 6 COUNCIL % 94 MEMBERS % ‘i DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council discussion with regard to the implementation of this plan determined it should be done as quickly as possible. Staff indicated they would notify the users of the changes by letter. PUBLIC HEARING: 9. AB !I7099 - Supplement #9 - PUBLIC FACILITIES FEE ANNUAL REVIEW AND UPDATE, 3im Hagaman, Research/Analysis Director, gave the staff report as contained in the Agenda Bill, using transparencies of the charts and reports. Mayor Lewis opened the public hearing at 7:37 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed. Council Member Mamaux stated staff originally recommended a 3.2% fee in 19 79, and Council approved 2% at that time, If the 3.2% had been approved at that time, the City would now have approximately ten million dollars to spend on needed projects. Council Member Mamaux stated that inasinuch as Macario Canyon Park is being assigned as 25 acres per quadrant, there will be a need for that facility to be developed as quickly as possible. He would like the flexibility to get financing for that facility and start the improvements, and asked Council to raise the fee from 3.2% to 3.5% to include debt financing for Macario Canyon. Council reviewed and approved the list of projects to Lewis be funded by the Public Facilities Fee, with the Kuldin inclusion of debt financing for Macario Canyon Park; Pe tt ine and determined to include additional financing costs, Mamau x x raising the Public Facilities Fee to 3.5% of the La rso n building valuation. DEPARTMENTAL AND CITY MANAGER REPORTS: IO. AB F7439 - Supplement 82 - AGUA HEDIONDA LAGOON BOARDSAIL REQUEST. This item was taken out of order. (See page 2) 11. AB /I9104 - PUBLIC ACCESS TO BOARD AND COMMISSION MEETINGS. This itm was held to follow Item 812. Item 812 was taken out of order at this time. a46 0 a MINUTES July 28, 1987 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) (48) 12. AB #9103 - SPECIAL NUNICIPAL ELECTION SETTING (79) LICENSE TAX ON NEW CONSTRUCTION. Council adopted the following Resolutions: (one mot ion ) Lewis Kulchin Pettine RESOLUTION NO. 9165, CALLING, ORDERING, PROVIDING FOR Mamaux X AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL DAY OF NOVEMBER, 1987, FOR THE PURPOSE OF SUBMITTING TO ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 3RD Larson THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO A BUSINESS LICENSE TAX ON NEW CONSTRUCTION. RESOLUTION NO 9166, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY, NOVEMBER 3, 1987, WITH THE COUNTYWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. RESOLUTION NO. 9167, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED ORDINANCE PERTAINING TO A LICENSE TAX ON NEW CONSTRUCTION. RESOLUTION NO 9168, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE. Council by consensus indicated they wished all Council Members be authorized to file the argument. RESOLUTION NO. 9169, APPROVING THE REVISION OF COUNCIL POLICY NUMBER 17 ON PUBLIC FACILITIES FEES AND THE CITY'S PUBLIC FACILITIES FEE AGREEMENTS TO REFLECT THE REVISED PUBLIIC FACILITIES FEE OF 3.5%. ORDINANCE NO. 6082 was tabled. (It will be submitted to voters in November. ) (28) 11. AB #9104 - PUBLIC ACCESS TO BOARD AND COMMISSION MEETINGS. Dennis Meehan, 3481 Gloria Lane, addressed Council stating this Ordinance was unnecessary, as all Boards and Commissions in Carlsbad were already allowing public access to their meetings, and they should be allowed to continue without imposing rules upon them. Council introduced the following Ordinance: Lewis Kulchin ORDINANCE NO. 1297, AMENDING TITLE 2, CHAPTER 2.08 OF Pettine THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION Mamaux x, 2.08.100 TO REQUIRE ALL MEETINGS OF THE CITY'S BOARDS, Larson COMMISSIONS AND COMMITTEES TO BE OPEN TO THE PUBLIC. 24 5 (48) (79) (78) (78) (99) (99) 0 0 MINUTES July 28, 1987 Page 8 ~ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 12, AB 89103 - SPECIAL MUNICIPAL ELECTION SETTING LICENSE TAX ON NEW CONSTRUCTION. This item was taken out of order. (See page 7) 13. AB #9110 - ALGA ROAD SPEED ZONE - FROM EL FUERTE STREET TO MELROSE AVENUE, Bob gohnson, Traffic Engineer, gave the staff report as contained in the Agenda Bill, Council introduced the following Ordinance: ORDINANCE NO. 3217, AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF SECTION 10.44.090 TO EXTEND THE SPEED ZONE ON ALGA ROAD FROM EL FUERTE STREET TO ELROSE DRIVE. 14, AB #9111 - MELROSE DRIVE SPEED ZONE - FROM ALGA ROAD TO RANCHO SANTA FE ROAD. Bob gohnson, Traffic Engineer , gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. 3218, AMENDING TITLE IO, CHAPTER 10.44 !IF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.240 TO ESTABLISH THE SPEED LIMIT ON MELROSE DRIVE FROM ALGA ROAD TO RANCHO SANTA FE ROAD. 15. AB 1'17843 - Supplement #2 - TENTATIVE MAP EXTENSION - CARLSBAD TRACT NO. 83-32 - CALAVERA HILLS, VILLAGE "Q" , 16. AB 87842 - Supplement #2 - TENTATIVE MAP EXTENSION - CARLSBAD TRACT NO, 83-19 - CALAVERA HILLS, VILLAGE "T" . City Engineer Lloyd t-lubbs gave the staff report on these two items as contained in the Agenda Bill, using a transparency to show the location. Mr. Hubbs stated both of these projects exceed the growth control point and must be re-designed to conform to the Growth Management Program. No final maps or building permits can be issued on either project until Zone 7 local facilities plan is completed. Mr. Hubbs stated the applicant has agreed to the new conditions. In answer to query regarding the park dedication, Acting City Manager Ray Patchett stated the park could go out to bid as soon as the City receives the land. Council Member Mamaux commented perhaps the park could be finished by next guly, and he added this could not have been done without Proposition E, which the citizens voted into law. 244 - Lewis Kulch in X Pettine blarnau x Larson Lewis Kulchin X Pettine Marnaux Larson 0 0 MINUTES (68) 3uly 28, 1987 Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Dennis Meehan, 3781 Gloria Lane, addressed Council, stating they should be talking about Proposition E and the good things it is bringing to the community. 3on Werner, 3900 Harney Street, San Diego, representing Pacific Rim Assets, stated they had met with staff and understood the conditions. It was suggested the PFF percentage of 3.5% be applied to these projects. Council adopted the following Resolutions: (one Lewis motion) Kulchin X RESOLUTION NO. 9176, APPROVING AN EXTENSION OF TIME FOR Mamaux 62, SUB3ECT TO CERTAIN CONDITIONS. RESOLUTION NO. 9177, APPROVING AN EXTENSION OF TIME PUD 56, SUBJECT TO CERTAIN CONDITIONS. The extensions of time were approved with the provision that the Resolutions not be effective until a new public facilities fees (3.5) agreement has been received from the applicant and recorded. Pettine TENTATIVE MAP CARLSBAD TRACT NO. 83-32, INCLUDING PUD Larson FOR TENTATIVE MAP CARLSBAD TRACT NO. 83-19, INCLUDING 17. AB 89112 - VOTING DELEGATE - ANNUAL LEAGUE CONFERENCE. Council appointed Council Member Larson as voting M amau x Conference in San Francisco, October 4 - 7, 1987. Pettine attend the annual League of California Cities Kulchin delegate and Council Member Mamaux as alternate to X Lewis Larson PUBLIC COMMENT: William Smith, 1671 James Drive, requested that the appeal of the Planning Commission decision to approve the Apostolic Assembly Church - CUP 87-2 not be placed on the Consent Calendar for August 4. Mr. Smith said he wished to present sufficient facts to convince the Council the church would prevail, even if they are forced to take the appeal to the Supreme Court. Mr. Smith said he lives in a residential area where there are churches and a church is a good neighbor. He felt this application for a church was treated unfairly and these people need all the community support they can get. The City Attorney indicated this item would be under Departmental and City Manager Reports, since the vote on this item was not unanimous. d43 a 0 MINUTES 3uly 28, 1987 Page 10 COUNCIL REPORTS: Palomar Airport Advisory Committee Council Member Pettine reported on a recent meeting and the support for a 3oint Powers Agrement. Single Event Noise Council Member Pettine reported the County is petitioning Congress to help fund a study which would focus on the single event noise issue and how to regulate and monitor. SANDAG Council Member Mamaux reported on a special meeting held recently where the Board of Directors unanimously voted to place the one-half cent sales tax measure on the ballot. This would provide for additional funding for needed roads in North County. City/School Committee Council Member Mamaux stated the Carlsbad School Board adopted a $10,000 budget for the DARE Program. Council Member Mamaux reported the Architect for the Senior Center has been selected, and the firm of Wolf, Lange and Christopher was a unanimous choice, 3AC Council Member Larson reported on a recent meeting of 3AC. He stated that sludge problems would be discussed at the August meeting. Shoreline Erosion Committee Council Member Kulchin reported on a meeting she attended recently. Depot Rehabilitation Committee Council Member Kulchin reported there will be a pre- construction meeting 3uly 31 at the Depot. They hope to get as much work completed as possible before the dedication on September 12. NCTD Council Member Kulchin reported on the awarding of a bid for 15 coaches, Mayors Meeting Mayor Lewis reported on a recent meeting where North County Mayors met and brought out the problems of density, circulation and transit problems. - 242 I ll I. 0 MINUTES - July 28 , 1987 Page 11 Palomar Airport Advisory Committee Mayor Lewis suggested that three Council Members will attend the next meeting of this County Committee, to be held the third week of August. It was noted that Council would need to adjourn their meeting of August 18 to the date of the meeting, and that the Clerk would post the notice of adjournment. 1 CITY COUNCIL COMMENTS: Council Member Larson expressed concern regarding Council Meeting procedures for Public Hearings and Public Comment and requested that the matter be placed on the next agenda for discussion, I CLOSED SESSION: (74) 18, CLOSED SESSION ON EMPLOYEE LABOR NEGOTIATIONS. I Council adjourned to a Closed Session at 8:24 p.m. to hear a report on negotiations with the Carlsbad Firefighters' Association. Council re-convened at 8:36 p.m. , having heard the report and directed staff to continue negotiations with the Firefighters' Association. I AD30URNMENT: 8y proper motion, the Meeting of July 28, 1987, was adjourned at 8 :37 p.m. I Respectfully submitted , *Jfi eputy City Clerk I Harriett Babbitt Minutes Clerk 2Y / - I