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HomeMy WebLinkAbout1987-11-24; City Council; Minutesf 0 0 MINUTES Meetina of: CITY COUNCIL (Regular Meeting) Date of Meeting: November 24, 1987 Time of Meetina: 6:OO p.m. Pl.ace of Meeting: City Council Chambers (81) (99) (81) CALL TO ORDER: Mayor Lewis caJ.led 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. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meettng held November 3, 1987, were approved as amended. MTnutes of the Regular Meeti.ng held November IO, 1987, were approved as presented. Minutes of the Adjourned Meeting held November 12, 1987, were approved as presented. - PRESENTATIONS: Mayor Lewis read a Proclamation ciecbring the week of November 30 through December 5, 1987, to be WINTER STORM PREPAREDNESS WEEK.. The Proclamation was accepted by Jim West? Batallion Chief, Carlsbad Fire Department. Mayor Lewi.s read a Proclamation endorsing the Greater Los Angeles Chapter National Safety CounciJ.'~ program of drunk driver awareness in urainq the public to drive safely and defensively during the Holiday Season. 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. AB f9224 - ACCEPTANCE OF GRANT DEED FOR WATER MAIN PURPOSES FROM SIERRA LAND GROUP. Council adopted RESOLUTION NO. 9300, accepting a grant deed for a water main easement located off Las Palmas Drive. -~ 2. AB 88330 - Supplement No. 2 - FINAL MAP - VISTA DE LA VALLE - CT 84-33. " Council adopted RESOLUTION NO. 9301, accepting a grant deed for sewer purposes off Hosp Way. 3 5Y /y COUNCIL /o J MEMBERS Z. ' %P i I Lewis Kulchin Pettine Mamaux Larson Lewis Ku1chj.n Pettine Mamaux Larson X X 0 0 MINUTES November 24, 1987 Page 2 1 I CONSENT CALENDAR: (continued) I Council adopted RESOLUTION NO. 9302, accepting a grant deed for sewer purposes off Hosp Way. Council adopted RESOLUTION NO. 9303, accepting a grant deed for waterline purposes off Calle Arroyo. Council adopted RESOLUTION NO. 9304, accepting a grant deed for drainage purposes south of Hosp Way and north of Wintergreen Street. Council adopted RESOLUTION NO. 9305, accepting a grant deed for public road and utility purposes for a portion of Wintergreen Street. Council adopted RESOLUTION NO. 9306, for the acceptance of 1' wide blocker strip, as future street on Wintergreen Street. I PUBLIC COMMENT: 1 There were no requests to address Council. PUBLIC HEARINGS: (77) 3. AB f9 122 - Supplement No. 1 - PARK FEES FOR THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 5. Dave Bradstreet, Director of Parks & Recreation, gave the staff report as contained in the Agenda Bill, using transparencies of the information included in the packet. Phil Carter explained the committee had two independent surveys completed on what the people in that area would want to have as far as recreation, and in analyzing those surveys, it was determined a fitness center would be the proper recreational facility. They felt a golf course was not high on the list of priorities for those working in Zone 5. In answer to Council query, Mr. Bradstreet stated the Parks & Recreation Commission felt the developers should take care of the maintenance of the facility, whether it was on their property or city-owned. Mr. Bradstreet stated the swimming pool recommended was between a 50 meter and a lap pool. Council Member Mamaux commented the peak times were an important factor to be considered in the planning of any facility. Staff stated they had calculated the figures on those expected to use such facilities and the times they would use them, and felt the size was adequate. There are always problems at peak times in any facility. Mr. Carter stated if Council instructed them to negotiate with the developers on the financing, they would also discuss the peak times. 3 53 5 COUNCIL \p %9 /o C MEMBERS Z. f 0 e MINUTES 5 November 24? 1987 Page 3 COUNCIL \y 559 "0 L MEMBERS 2. 'I PUBLIC HEARINGS: (Continued) Mr. Bradstreet referred to an artist's drawing of Macario Canyon and stated the Master Plan revision Is pending, and there are many unanswered questions about the possibility of building a aolf course there. Nayor Lewis commented the average worker would only be able to use recreational facilities during the eveni-ng hours and weekends. He felt a major facility was needed to accommodate employees and industrial leagues. Mayor Lewis also felt the circuhtion and access should be considered, and questioned whether the Cannon to 1-5 connection was discussed. Phil Carter answered that if the Council. adopted both recommendations, (the 40 cents per square foot on all development permits in Zone 5, and directing staff to negotiate with the developers in that zone to construct the facilities up front), the City Manager would determine who would serve on the negotiating team. That team would consider the Council's comments. Mayor Lewis stated peak flow should be considered; building of Cannon Road; how many people participate in leagues and how much night usage there would be. Staff indicated if the fee was not sufficient, they could return later with a recommendation to increase that fee. Mayor Lewis opened the public hearing at 6:48 p.m., and issued the invitation to speak. Paul Schwartz, representing the Carlsbad Chamber of Commerce, stated the Chamber and the Chamber's Economic Enhancement Council commended Council on proposing this fee. He stated the areatest concern was for the impact on potential development in the community, as there is a areat deal of competition in attracting companies into the area. Mr. Schwartz stated a fitness center and related services should be considered rather than a golf course. He sugqested appropriate time be spent on alternatives and Mellow-Roos or other mitigations should be considered rather than merely imposing a fee. games Smith, 6725 Russelia Court, representing Carlsbad Golf Association, read a prepared statement to Council requesting consideration of a golf course for the employees in Zone 5. He suggested this could be partially financed with an additional 5-cent fee. Mr. Smith stated the need for a golf course could be found and the Association felt .its recommendation should be considered. He added the Association felt the most use of any facility would be on weekends and evenings. 35L e 0 MINUTES 5 November 24, 1987 Page 4 COUNCIL \y %P "0 I MEMBERS % ' PUBLIC HEARINGS: (Continued) Jack Schumaker, 7217 San Miquel, Vice President of the Chamber and President of Homeowners Association at Lakeshore Gardens, spoke in favor of a golf course, statina affi.rmative action was needed now. Mario Monroy, 3610 Carlsbad Boulevard, expressed concern about the discussion to use Macario Canyon. He stated that Macario is a park proposed to serve park needs of all quadrants of the City, and the use for Zone 5 would impact all other zones. Dave Bradstreet explained that of the 500 acres in Macario Canyon, 100 were developable. Each quadrant in the City had been credited with 25 of those acres. Mr. Carter added that repercussions of building in Macario Canyon wouldd be studied. Tom Worth, 1435 Forest Avenue, stated increasing fees for development could possibly discourage economic growth in the industrial corridor. He felt the proposed fee was too high and added that some of the industries already have recreational facilities of their own. Mr. Worth also stated the 0l.ympic Resort in that area offers corporate discounts. He suggested the developers be encouraged to provide the facilities up front. 3im Shaw, 3729 Garfield, addressed Council stating it was easy to assess fees from the standpoint of the City, but if there is no development--there would be no fees. It takes companies and buildings to generate fees, and when those companies consider developing in the City, the cost becomes prohibitive. Mr. Shaw reiterated the other fees collected by the City and stated developers can 90 to neighboring cities and save 50 percent on fees. Mark Hughes, 2111 Palomar Airport Road, represented the developers in the meetings with staff. He asked Council to follow the recommendations of the Parks & Recreation Commission and allow the committee to investigate alternatives to the fee, as well as giving credence to the economic arguments. He asked that the Resolution be worded to include the interim concept of the fee as web1 as the indication that staff would be directed to pursue the alternative proposal of the development community. Ron Rouse, Attorney, representing property owners Koll Company 9 Center Development, Bedford and T & G Investments, spoke in opposition to the proposed fee, stating due process was not allowed all of the property owners in the area and no relationship between the impact of the proposed development and the exacting of such a fee had been shown. He stated this was discriminatory against Zone 5 as it does not apply to other non-residential uses throughout the City. 357 0 e MINUTES November 24, 1987 Page 5 PUBLIC HEARINGS: (Continued) Mr. Rouse further stated the fee is in violation and inconsistent with the Growth Management Ordinance. He stated the Zone Plan must be in conformance with the City-wide plan and there is no such requirement in the City-wide plan. Mr. Rouse requested the fee be on an interim basis with negotiations and discussions to be held to come up with a reasonable and focused program to achieve the level of City needs. He stated his willingness to work with the City for a compromise. In response to Council request, City Attorney Vincent Biondo gave explanations for the issues raised by Mr. Rouse. Mike Dunigan, 3309 Piragua, Executive at Koll Company, spoke in favor of a facility in lieu of a fee concept and stated if they put in a small complex they felt they should be given some type of in-lieu credit. Mr. Dunigan said the key element was to get facilities in place as soon as possible, and to do that it would be easier to use parkland; i.e., County land or Macario Canyon. Dennis Meehan, 3981 Gloria Lane, congratulated all those involved in working on this and stated this was the way to work out these problems. He added the solution was to set fair fees and deliver good services. Since no one else wished to speak on this item, the public hearing was closed at 7:42 p.m. Council Member Kulchin stated there should be a larger gymnasium and that the construction of Faraday to Cannon to 1-5 is needed. She also questioned whether the 40 cent fee would be sufficient and requested that negotiators also look at the possibility of an extra 5 cent charge for a golf course. i Council Member Larson concxlrred with the comments of Council Member Kulchin. Additionally, he stated the City should be self ish about Macario and defend the acreage, which belongs to all park quadrants. Council Member Mamaux stated staff should be encouraged to negotiate on the basis that the facilities include the golf course; and the community center be a pro golf centerpiece, gymnasium, etc. He also stated additional items for consideration should be Mello-Roos financing; possible need for a construction agreement; and costs of constructing for peak flow. He also expressed reluctance to use Macario land. Council Member Pettine stated staff has shown the relationship between the need and the fee, and staff should make sure the facility satisfies the need of the industrial belt. 350 I 5 COUNCIL \y %9 "0 L MEMBERS Z. f I 0 0 MINUTES (85 1 (28) November 24, 1987 Page 6 PUBLIC HEARINGS: (Continued) Mayor Lewis referenced his previous comments and added that the negotiating committee should consider fairness in that the facility should be available to all the employees in the industrial area and not Just the executives. In discussing whether the fee was permanent or an interim fee, Mr. Carter stated it would be permanent unless staff returned with an alternative. In answer to Council query regarding Macario Canyon, Dave Bradstreet suggested waiting until it is known how the County property is to be utilized before making any recommendations to revise the Master Plan for Macario Canyon. Council directed staff to enter negotiations with the Lewis developers in Zone 5 for the up front construction of Kulchin recreational facilities in accordance with Council Pettine X comments; and adopted the following Resolution: Mamaux Larson RESOLUTION NO. 9307, AUTHORIZING THE COLLECTION OF A LOCAL FACILITIES MANAGEMENT FEE FOR PARK FACILITIES IN THE AREA DEFINED AS LOCAL FACILITY MANAGEMENT ZONE 5. RECESS : Mayor Lewis declared a recess at 7:59 p.m., and Council re-convened at 8:11 p.m., with all Members present. PUBLIC HEARINGS: (Continued) 4. AB /I8514 - Supplement /I2 - NORTH BEACH PLANNING AND TRAFFIC STUDY DRAFT REPORT. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, including a slide presentation narrated by Nancy Rollman, highlighting the recommendations in the study. Mayor Lewis questioned the recommendation to not put Washington Street through, and Paul Zuckor answered it was better not to have more traffic in that area if the plan was to keep the residential character. Opening up Washington Street would allow more traffic. Mike Holzmiller stated at the Planning Commission meeting some residents wanted Washington Street put through, as they need more access. He stated there are some buildings in the right-of-way, and the City previously gave up some rights-of-way. In some places, the street would be entirely in the railroad right-of- way, and it was questionable whether it could be accomplished. It was felt the intersections design could present problems and only four or five thousand cars would use it as a local or by-pass street. Mayor Lewis opened the public hearing at 9:06 p.m., and issued the invitation to speak. 349 0 MINUTES November 24, 1987 Page 7 PUBLIC HEARINGS: (Continued) Ann Mauch, Garfield Street, spoke in opposition to the adoption of the recommendations, as she felt they undermined the goals of the beach area. The RDM zone would lower the setback and allow higher density. Ms. Mauch stated the number of onsite parking spaces was decreased and credit was being allowed for offsite parking in certain areas. She stated she wanted to register her protest for the record and challenged the validity of the report. Mario Monroy, 3610 Carlsbad Boulevard, stated the railroad right-of-way is a plight and there is no drainage. He felt the right-of-way could be used for pedestrian walks and bike lanes and would improve the old part of Carlsbad. Mr. Monroy stated the traffic law is not enforced on Carlsbad Boulevard because more police are needed in the area. Mr. Monroy stated that most people do not want Washington on the west side of the railroad, as this would only bring more traffic and parking problems. Since no one else wished to speak on this item, the public hearing was closed at 9:20 p. m. Council concurred with the Planning Commission's recommendation to puprsue R-I Zoning on the properties designated as Areas 1 through 5. Council concurred with the Planning Commission's recommendation to put Washington Street through. Council concurred with the Planning Commission recommendation to extend Chestnut Avenue across the railroad tracks, but directed that no action be taken at this time. Council concurred with the Planning Commission recornmendation to keep the four painted crosswalks at Pine, Cherry, Maple and Juniper on Carlsbad Boulevard, but relocate as necessary to be opposite beach access points. In the future, consideration should be given to installing another traffic signal. Council adopted the North Beach Planning and Traffic Study as amended by the Planning Commission and directed staff to return to City Council with a work program for implementation. 348 - \y 5 COUNCIL %% MEMBERS Z. ' Lewis Kulchin Pettine Mamaux X Larson Lewis X Kulchin Pettine Mamaux Larson Lewis X Kul chin Pettine Mamaux Larson Lewis X Kulchin Pettine Mamaux Larson Lewis Kulchin Mamaux Pettine X Larson I .. r e e MINUTES ( I November 24, 1987 Page 8 -~~ DEPARTMENTAL AND CITY MANAGER REPORTS: [86) 5. AB #9226 - CITIZEN REQUEST - ELM AVENUE. This item was continued. (3 7) 6. AB 89227 - TRAVEL REQUEST. Council authorized Council Member Kulchin to attend the California Pollution Control Financing Authority meeting in Sacramento, December 2, 1987, to represent the City to oppose the request of North County Resource Recovery Associates for an extension of the deadline for release of funds for the San Marcos Trash-to-Energy Plant. COUNCIL REPORTS: SANDAG Council Member Mamaux reported on a SANDAG report on growth in the San Diego area. A task force is to study the regional issues in conjunction with Proposition A and study impact fees. Council Member Mamaux reported the recycling program recently enacted did not include wine cooler containers and local agencies may be asked to take action. Carlsbad Economic Enhancement Council Council Member Mamaux reported on a meeting held this morning. 3AC Council Member Mamaux told of the Open House held last Saturday for the nearby residents. North County Mayors and Managers Meeting Council Member Kulchin reported on a recent meeting. Beach Erosion Council Member Kulchin stated the 3anuary Beach Meeting will consider the status of AB 639. ADJOURNMENT: - By proper motion, the Meeting of November 24, 1987, was adjourned at 9:50 p.m., to Tuesday, December 1, 1987, at 5:30 p.m., at the Safety Center, for a Closed Session to discuss the trash-to-energy plant pending litigation and to discuss instituting related litigation. A workshop session on goals and objectives will follow the Closed Session. Respectfully submitted, w B. Q- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 341 - COUNCIL \p % A9 "0 c MEMBERS Z. I Lewis Kulchin X Mamaux Pettine Larson I