Loading...
HomeMy WebLinkAbout1987-11-10; City Council; Minutes(55) (26) (45) Meeting Date of Time of Place of of: Meeting: Meeting 2 ' Meeting e e MINUTES CITY COUNCIL (Regular Meeting) November IO, 1987 : City 6:OO p.m. Council Chambers COUNCIL /y %% MEMBERS Z. 7 \\ ~ I CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. I ROLL CALL was taken by the City Clerk, as follows: I I Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent: None. PRESENTATIONS: Mayor Lewis read a Proclamation declaring the week of November 15 - 21, as Carlsbad Arts Week '87. The Proclamation was accepted by Connie Beardsley, Arts Coordinator for the City of Carlsbad. Library Director Cliff Lanae presented awards for outstanding achievement to Chris Pickavet and Mary Sasso in accomplishing the computer conversion for the Library. Geoff Armour, Assistant Library Director, distributed new library cards to Council Members. APPROVAL OF MINUTES: Minutes of the Regular Meeting held October 27, 1987, were approved as presented. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. A6 +I9209 - DELAYING REPORT ON FEASIBILITY OF RECYCLING PROGRAM. I Lewis Kulchin Pettine M amau x Larson Lewis Kulchin Pettine Mamaux Larson X X Council approved a delay until 3anuary, 1988, for submission of the recycling program report. 2. AB $18495 - Supplement #I1 - CONSULTANT AGREEMENT FOR ENVIRONMENTAL MITIGATION PLAN FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT. I Council adopted RESOLUTION NO. 9281, approving a consultant agreement for the preparation of an environmental mitigation plan and related services for the Palomar Airport Road West Assessment District. 3vo a * MINUTES I (107) (101) (97) (81) (45) (84) (41) (99) (81) (59) \y 5 November 10, 1987 COUNCIL "0 4 MEMBERS Z. q Page 2 377 CONSENT CALENDAR: (continued) 3. AB f9210 - SUMMARY VACATION FOR A PORTION OF OAK AVENUE. Council adopted RESOLUTION NO. 9282, summarily vacating an easement over a portion of Oak Avenue. 4. AB 85397 - Supplement 86 - YELLOW CAB COMPANY OF SAN DIEGO, INC., REQUEST FOR RATE INCREASE. Council adopted RESOLUTION NO. 9283, amending Resolution No. 5376, as amended by Resolutions No. 5408 and No. 6236 and No. 6998, issuing a Certificate of Convenience and Necessity to Yellow Cab Company of San Diego., Inc., to revise the schedule of fares. 5. AB 119135 - Supplement 111 - APPROVAL OF PLANS AND SPECIFICATIONS FOR IMPROVEMENTS TO PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL. Council adopted RESOLUTION NO. 9284, approving plans and specifications and authorizing the advertisement of bids for construction of improvements to Palomar Airport Road, east of El Camino Real, Project No. 3243. 6. AB 119211 - PURCHASE OF VERTICAL RECIPROCATING CONVEYER ( DUMBWAITER) . Council adopted RESOLUTION NO. 9285, accepting a bid and authorizing the execution of a purchase order for a vertical reciprocating conveyor (dumbwaiter). 7. AB f9212 - APPROVAL OF SETTLEMENT OF LAWSUIT ENTITLED DILLARD V. CITY OF CARLSBAD. Council adopted RESOLUTION NO. 9286, authorizing the expenditure of funds for settlement of the lawsuit entitled Maxine Dillard v. City of Carlsbad. 8. AB #I7468 - Supplement #3 - ACCEPTANCE OF GRANT DEED AND QUITCLAIM OF DRAINAGE EASEMENTS FOR CARLSBAD TRACT 82-26 (JOCKEY CLUB). Counci.1 adopted RESOLUTIONS NOS. 9287 AND 9288, accepting and quitclaiming drainage and access easements south of Alicante in Carlsbad Tract 82- 26. 9. AB #I9213 - PURCHASE OF FINANCIAL AND PAYROLL SOFTWARE SOURCE CODE. Council adopted RESOLUTION NO. 9289, transferring funds for the purchase of a perpetual license for the Finance and Payroll software source code. 339 0 0 MINUTES (48) November 10, 1987 Page 3 PUBLIC COMMENT: Dan Hammer, 4015 Isle Drive, spoke on the success of the first Lagoon and Forest Clean Up Day last Saturday. He thanked all the volunteers who helped make it a success. James Sims, 2820 Wilson Street, addressed Council as a merchant and property owner, representing the Elm Avenue retailers and owners. He presented signed petitions to the Council, asking to be placed on an agenda to speak on the Elm Avenue parking and traffic flow. Item 12 was taken out of order at this time. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. A5 #9215 - CITIZEN REQUEST - HOSP GROVE BALLOT MEASURE. City Attorney Vincent Biondo reiterated the steps taken following the, votes on Hosp Grove, stating staff was in process of initiating a General Plan Amendment and zone change to conform to the actions taken to make Hosp Grove open space. Virginia Thompson, 330 Chestnut Avenue, spoke in opposition to the request to lease twelve acres at Monroe and Marron Road for commercial development. She stated the people had voted to save the grove, and this should be done. Albert Mendoza, 2870 Highland Drive, spoke in opposition to the request, stating this issue had divided the City previously and another costly election would only divide the City aaain on this issue. He asked Council to deny the request. Ruth Coyle, 6550 Ponto Drive, stated her concern regarding police protection and the need for additional policemen. She stated every possible source of revenue should be explored and urged Council to put this measure on the ballot, as she felt Hosp Grove shou1.d be maintained, but be self-maintaining and self-supporting. James Smith, 6725 Russe1j.a Court, addressed Council stating his concern with the large yearly payment the City will have to make on Hosp Grove until the year 2008. He stated the corner in question is unattractive and would take a considerable amount of money to rehabilitate, and would be a suitable spot for a shopping center. The income the City would derive from this center would go far toward paying for the 77 acres in Hosp Grove. Mr. Smith asked Council. to consider placing this request on the ballot. Charles Gibson, 2715 Woodwind Road, stated Hosp Grove should be open space for future generations to enjoy, with no additional shopping area. He felt Carlsbad should preserve its natural resources and asked Council to reject another ballot measure. 338 0 0 MINUTES November 10, 1987 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) David Castner, 1550 Sunrise Circle, President, Board of Directors, Carlsbad Senior Citizens Association, requested Council place this measure on the ballot as an opinion poll, and nothing more, as to whether this 12 acres should be leased to help defray the cost of Hosp Grove. He handed a form letter to Council containing 82 signatures, supporting this request, stating the voters did not have the true financial picture when they voted for the purchase of Hosp Grove. Mr. Castner added the Grove could pay for itself with the leasing of these 12 acres, and the opinion poll would not be binding on Council, but Council would then know the will of the people. Courtney Heineman, 2879 Woodridge Circle, stated the people have already expressed their desires when they voted to preserve the Grove as open space and they should not have to affirm that decision three times. Greg Armstrong, 2771 Wilson Street, stated the people had voted twice to save the Grove, and this should not be put on the ballot again. Girard "Lefty" Anear, 1728 Calavo Court , representing the Committee to Sustain Hosp Grove, stated he felt the City would have to pay 9 percent interest in order to sell the bonds for purchasing Hosp Grove and this would increase the cost to 18 million dollars. Mr. Anear stated it would be good business sense to take the two intersections tha.t are eyesores and improve them by leasing the space for commercial use. He gave the figures on funds necessary to maintain the new City facilities, asking where the additional funds could be found. Dennis Meehan, 3981 Gloria Lane, stated this was a different issue and the people should have the right to speak on whether they wished to have the City lease 12 acres for commercial use. He stated it was Council's obligation to place this measure on the ballot and let the people have their say. \p 5 COUNCIL /o A MEMBERS Z. t %.p games McCormick, 2404 Sonora Court, addressed Council, stating the urgency of this measure was due to the process of changing this area to open space by staff, which would have to be changed back to allow commercial. Also, the bonding the City is about to undertake could be affected, if the 12 acres is to be leased for commercial use. Mr. McCormick suggested the City exclude the 12 acres when they go to bonding until after the election. 33 7 I 0 e MINUTES COUNCIL \p 2;o A-9 "0 A November IO, 1987 Page 5 MEMBERS 2. <1 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. McCormick stated he had over 400 letters from people agreeing with his request to lease the 12 acres for commercial use. He felt the Grove was a wonderful asset to the City, but 89 acres did not make it that much better than 77 acres. The City would have the option to enter into a lease agreement with no developer as a middle man. Mr. HcCormick said if Council decides not to place this measure on the ballot, the best efforts will be used by those favoring this request to get it on the 3une ballot. Cindy Piro, 1898 Forest, addressed Council stating this is a natural open space that many people walk in and picnic in, and the EIR was decertified due to numerous inadequacies. She told of the traffic problems in the area at this time, which would be worsened if the Grove were further invaded. She asked for Hosp Grove to be left as it is. Diane Lantz, 2844 Wilson Street, discussed the soil problems in the Grove, stating the area being discussed for the commercial development was probably the most sensitive, and should be studied carefully before any building was contemplated there. Dan Hammer, 4015 Isle Drive, stated it was absurd to expect the Grove to finance itself--as parks are not businesses. He asked Council to reject the ballot measure, as this was the same commercial plan rejected by the voters last March. Mr. Hammer stated by the time this proposal could solve the budget deficiencies, the problems will be over. Mr. Hammer felt this would open up old wounds again and divide the community. He requested the denial of the proposal. Mary Melideo, 159 Hemlock Avenue, President of the Women's Club of Carlsbad, spoke in opposition to this proposal, stating the voters had twice said they wanted no building in the Grove. She stated the natural resources should be preserved for the future. Dolores Welty, 2076 Sheridan Road, Leucadia, spoke in opposition to the measure, stating she shops in Carlshad and enjoys the view driving past the Lagoon and the Grove. She urged keeping Hosp Grove as open space. Council Member Pettine stated the reason for the economic crunch was the Growth Management Plan and not the purchase of Hosp Grove. He suggested alternatives be studied, such as an increase in the T.O.T. Council Member Pettine also stated this would open old wounds and he would not support the request. 336 0 e MINUTES \v 5 November IO, 1987 Page 6 COUNCIL 3 9L MEMBERS % e DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council Member Mamaux stated this was not a natural grove, but one planted for commercial gain that failed. He stated the Grove has been an issue since 1965, and he was against putting the purchase on the ballot without a definite method of payment. Council Member Mamaux suggested two measures be placed on the ballot; first, a general obligation bond to buy the Grove, and second, the 12 acres be available for lease if the G.O. bond fails. He said he would make that motion. However, there was no second to a motion. Council Member Larson stated new sources of revenue will have to be found and this will place a burden on all citizens of Carlsbad. He stated the voters did not want commercial development on that land and he could not support placing this on the ballot. Council Member Kulchin stated the City was exploring different means of bringing monies into Carlsbad, and agreed that G.O. bonding was a good way to finance the Grove. She could not support putting another Hosp Grove measure on the ballot. Mayor Lewis stated that prior to the vote on Hosp Grove he and Council Member Pettine had worked on a compromise for Hosp Grove, and the voters were aware of that compromise. The vote of the people has to be the guide and he could not support putting this measure on the ballot. Council took no action on Mr. McCormick's proposal. Lewis Kulchin Pettine Mamaux X Larson RECESS : Mayor Lewis declared a recess at 7:26 p.m., and Council re-convened at 7:35 p.m., with all Members present. PUBLIC HEARING: (77) IO. AB 119219 - ZONE 6 LOCAL FACILITIES MANAGEMENT PLAN - LFMP 87-6 - CITY OF CARLSBAD. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using transparencies to show Zone 6 and the charts included in the packet giving a breakdown on the facilities needed and costs. Phil Carter continued the report, using transparencies to show the costs and the proposed Management Fee. Staff indicated the future number of units in this zone would be 1,223, with the approved units on hold 965 and projects allowed to develop with signed future agreements 574. 335 I I 0 0 MINUTES \y 5 November 10, 1987 Page 7 COUNCIL %9 "0 J MEMBERS .Z. (1 PUBLIC HEARING: (Continued) In answer to Council query, staff stated no one was exempted from the Growth Management Plan, and no one could be issued a building permit until the deficiencies in the zone were met. This means that $7.9 million would be needed before any permits could be issued. Following Council discussion regarding single-family units, City Manager Ray Patchett stated if Council wished to address single-family, owner-occupied units, that could be done after Zone 6 was considered. Mayor Lewis opened the public hearing at 8:23 p.m., and issued the invitation to speak. David Carr, 322 Granada Street, stated he was one of the 574 permits with future agreements. He read from the agreement he had signed and stated he did not feel upfront money should be necessary at this time. He stated the costs should be fairly apportioned to all. Ken Magrini, 2713 York Road, stated he was another citizen trying to build a home to live in, and was very frustrated. He stated he hoped Council would amend the report to allow owners of single-family, owner-occupied projects to proceed. Lowell Abeles, 2005 Costa Del Mar Road, addressed Council regarding his building lot in La Costa, stating he had spent a great deal of money in design fees and soil testing and was willing to build his home. Mr. Abeles stated he lives seven months in Florida and five months here, and does not use any of the facilities here, but does bri-ng money here to spend in Carlsbad. The sooner he can build his home here, the more money the City of Carlsbad will receive. Dick Spanjian, 7315 Borla Place, stated he bought a lot two years ago and can't get a building permit until the grading is done. He wants to build a home to live in and stated he felt some distinction should be made between developers and single-family builders. Ron Rimmer, Encinitas, stated he thought the fees in Carlsbad were very high. He said he was willing to pay additional fee, but did not feel it was fair as a single-family home owner to be put in the same group as developers. Edward Ebright, 6507 Fabrizeo, owner of a lot in La Costa, stated he did not oppose the fee, but felt single-family lot owners should be allowed to proceed and obtain permits. Dennis Meehan, 3981 Gloria Lane, stated if single- family lot owners were to be exempted from the Facilities Management Plan, a date would need to be part of that exemption as far as ownership of the lot. The exemption would have to be specific to keep the integrity of Proposition E. 334 0 0 MINUTES November IO, 1987 Page 8 I PUBLIC HEARING: (Continued) Cindy Ward, 937 Begonia Court, stated there was no difference in exempting si-ngle-family homes than exempting a development of 200 sing1.e-family homes. 3im Fox, Attorney, representing Shapell Industries, Inc., referred to his letter to Council dated November IO, 1987, and requested it be made part of the record. He expressed the opinion that the fees are to correct existing deficiencies, and not deficiencies created by the Shapell development. I Since no one else wished to speak on this item, the public hearing was closed at 8:48 p.m. Council adopted the Negative Declaration issued by the Planning Director and adopted the following Resolutions: (one motion) RESOLUTION NO. 9291, APPROVING A LOCAL FACILITIES MANAGEMENT PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 6. RESOLUTION NO. 9292, AUTHORIZING THE COLLECTION OF A LOCAL FACILITIES MANAGEMENT FEE IN THE AREA DEFINED AS LOCAL FACILITY MANAGEMENT ZONE 6. Council, following discussion, directed staff to return with a report on possible impacts if single-family, owner-occupied lots were exempted from the delay in processing. I HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 9:OO p.m., and re-convened at 9:32 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (99) 11. AB 1,9214 - CITIZEN REQUEST - SPYGLASS POINTE BUILDING PERMITS. City Manager Ray Patchett gave the report on this item. Nick Banche, 810 Mission Avenue, Oceanside, representing games Scott, referred to his letter dated November 10, 1987, and requested it be made part of the record. Mr. Banche stated Mr. Scott has the only final map issued in the zone, and is facing bankruptcy unless allowed to build eight units. Hugh Hearne, 1034 Adelante Avenue, James Scott's father- in-law, stated he was planning to move in one of these units, and would like to move as soon as possible. Lewis Kulchin Pettine Mamaux Larson X I I1 I 3im Scott, 1241 Elm Avenue, addressed Council stating he was willing to pay his fair share of fees, but needed building permits for eight units to pay off the debt that was due September 27. 333 e 0 MINUTES November IO, 1987 Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) In response to Council query, Mr. Orenyak stated that the final map is what triggers the requirements for bonding and paying of fees. Other developers could have finaled, but chose not to final their maps. Council denied Mr. Scott's request for building Lewis X permits. Kulch in Pettine M amau x Larson (48) 12. AB 119215 - CITIZEN REQUEST - HOSP GROVE BALLOT MEASURE. This item was taken out of order. (See page 3) (30) 13. AB f9216 - 1985 UNIFORM BUILDING CODE. Council set a Public Hearing for December 8, 1987, and Kulchin introduced the following Ordinance: Lewis Pettine ORDINANCE NO. 8111, REPEALING TITLE 18, CHAPTER 18.04, Mamaux X AND AMENDING TITLE 18 BY THE ADDITION OF CHAPTER 18.04 TO ADOPT BY REFERENCE THE UNIFORM BUILDING CODE (1985 Larson EDITION) AND THE UNIFORM BUILDING CODE STANDARDS (1985 EDITION). (70) 14. AB 118961 - Supplement 112 - APPROVAL OF BATIQUITOS (45) LAGOON ENHANCEMENT PR03ECT MEMORANDUM OF AGREEMENT. Inez Yoder, 7738 Madrilena, stated the wetlands of Batiquitos Lagoon are part of Carlsbad's wealth, and she asked Council to look carefully at the enhancement plan and the documents being signed. I Council adopted the following Resolution: Lewis Kulchin RESOLUTION NO. 9290, AUTHORIZING THE MAYOR TO EXECUTE Pet t ine THE SIX (6) PARTY MEMORANDUM OF AGREEMENT FOR THE Mamaux X ENHANCEMENT OF BATIQUITOS LAGOON. Larson (70) 15. AB /I9218 - REPORT ON STATUS OF MEETING WITH U.S. ARMY CORPS OF ENGINEERS CONCERNING CARLSBAD BEACH EROSION. This matter was continued to the meeting of November 17, 1987. (40) 16. AB f9207 - APPOINTMENTS TO CARLSBAD BUILDING AUTHORITY. This matter was continued to the meeting of November 17, 1987. 33z , * e MINUTES November 10, 1987 COUNCIL \p % JY "0 4 Page 10 MEMBERS Z. 6 CLOSED SESSION: (41) 17. CLOSED SESSION PENDING LITIGATION. This matter was continued to the meeting of November 17, 1987. AD30URNMENT: By proper motion, the meeting of November 10, 1987, was adjourned at 10:08 p.m., to Thursday, November 12, 1987, 12:OO noon, at Figaro's Restaurant. Respectfully submitted, l2.Ltia R.4- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk ~ I 33 1