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