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HomeMy WebLinkAbout1988-02-23; City Council; Minutes0 e MINUTES (84) (81) (99) (81) (113) (81) (113) ivleeting of: CITY COUNCIL (Reaular Meeting) Date of Meeting: February 23, 1988 /\F Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers COUNCIL MEMBERS % $% CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Lewis, Kulchin, ?$9&A5 "~ Pettine, Mamaux and Larson. Absent : None a APPROVAL OF MINUTES: Minutes of the Regular Meeting held February 9, 1988, Lewis X Larson X Mamaux X Pettine xx Kulchin were approved as presented. X - CONSENT CALENDAR: Council affirmed the action of the Con-sent Calendar, Lewis X Larson X Mamaux X Pettine xx Kulchin as follows :: X WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB 89299 - PURCHASE OF VARIOUS TRUCKS. Council adopted RESOLUTION NO. 88-42: accepting the bids and authorizing the execution of purchase orders for various trucks. 2. A5 119300 - QUITCLAIM OF SEWER EASEMENT - CT 81-46 - AIRPORT BUSINESS CENTER. Council adopted RESOLUTION NO. 88-43, approving quitclaim for sewer purposes over lot 10 of Carlsbad Tract 81-46 located off Palomar Airport Road. 3. AB 119301 - GRANT DEED ACCEPTANCE FOR SDP 84-5 - CARLSBAD GATEWAY CENTER - WRISLEY. Council adopted RESOLUTION NO. 88-44, approving acceptance of a grant deed from Ralph and Hope Wrisley for easements for drainage and slope purposes located off Palmer Way. 4. AB H9302 - GRANT DEED ACCEPTANCE FOR SDP 84-5 - CARLSBAD GATEWAY CENTER - EBRIGHT. Council adopted RESOLUTION NO. 88-45, accepting a grant deed from Dorothy Ebright conveying an easement for drainage purposes with right of ingress and egress on property located off Palmer Way. 36 0 0 MINUTES (102) % February 23, 1988 Page 2 COUNCIL \$$ A9 /o %p/ A MEMBERS Z. 8 .;t PUBLIC COMMENT: Marlon Green, 2630 Pirineos Way, addressed Council regarding proposed undocumented "sweeps" suggested by Representative Packard recently to alleviate the undocumented alien problem in the North County area. Mr. Green stated this was an unacceptable procedure and there was a far better approach provided by the authorities who had investigated this problem, Girard Anear, 1728 Calavo Court, addressed Council. He stated there are to be no recreational facilities provided in the Grove and the Risk Manager had advised the City to leave the Grove in a natural condition. Mr. Anear stated petitions were to be circulated which would allow the City to lease 11 and a half acres of the least desirable part of the Grove. He concluded, stating if this is only to be used as open space, it should be made clear so there will be no misunderstanding at the next election. Dan Hammer, 4015 Isle Drive, stated there were members of the Committee to Sustain Hosp Grove who had commented at the last Council meeting about budget problems and presented a plan to lease Hosp Grove for commercial development. Mr. Hammer said it appears that an increase in the Transient Occupancy Tax will be submitted to the voters in 3une, but that will not stop the foes of Hosp Grove. Mr. Hammer said the previous election made it clear Hosp Grove was to be publicly-owned open space and it was now up to the Council to protect it. ORDINANCE FOR ADOPTION: 5. AB /I9297 - SPEED LIMIT ON A PORTION OF CADENCIA STREET. Council adopted the following Ordinance: Kulchin X Lewis X Larson 10.44.200 TO ESTABLISH THE SPEED LIMIT ON A PORTION OF X Mamaux THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF SECTION X Pettine ORDINANCE NO. NS-7, AMENDING TITLE IO, CHAPTER 10.44 OF xx CADENCIA STREET FROM LA COSTA AVENUE NORTHERLY TO A POINT 500 FEET WEST OF PERDIZ STREET. 3s (77) a 0 MINUTES COUNCIL \$$ %9 "0 %.9/ A February 23, 1988 Page 3 MEMBERS Z. CF .2, 1 PUBLIC HEARINGS: 6. AB 119303 - LOCAL FACILITIES MANAGEMENT PLANS FOR ZONES 11 AND 12 - LFMP 87-11 AND LFMP 87-12. Phil Carter, Growth Management Manager, gave the initial staff report as contained in the Agenda Bill, using transparencies to indicate the maps and charts contained in the packet. Lance Schulte, Associate Planner, explained the facility analysis for these two zones, using transparencies to show the charts included in the Agenda Bill. In answer to Council query regarding the transfer of 206 units from La Costa Ranch property in Zone 10 to their property in Zone 11, Phil Carter stated staff was comfortable with conditioning this to occur when the local plan is approved for Zone IO. Also, staff was making certain the deeds of the property in Zone 10 would indicate this transfer to all perspective buyers. Mr. Carter stated no immediate solution to the intersection at 1-5 and La Costa had been indicated, but the developers were conditioned that they could not final a map until the financing for that mitigation was in place and guaranteed, as well as the other improvements needed, including Rancho Santa Fe Road. Mayor Lewis opened the Public Hearing at 6:31 p.m., and issued the invitation to speak. Ross McDonald, representing La Costa Ranch Company, stated he was proud of the plans and he complimented City staff for their work. He stated he was present to answer any questions. He requested approval. 3im Deluca, 7961 Calle Posada, spoke on the traffic circulation impact, with the east/west road connection between 1-5 and 1-15, including the possible alignment of Highway 680. His concern was with the plan for the roads in Zone 11, and the impact on homes already in existence. Bill Saylor, 4411 Springtime Drive, Oceanside, Director of the Boys and Girls Club, spoke on behalf of the project. He stated La Costa Ranch Company would be putting the money upfront to build a park, which would be needed by the young people of Carlsbad. This project will speed up and enhance the process of having more park property in Carlsbad, including a permanent facility for the Boys and Girls Club. Mr. Saylor asked Council to look upon this project favorably. Mike Glass, 3340 Baja Court, urged Council's support of the Local Facilities Management Plans for Zones 11 and 12. Since no one else wished to speak on this matter, the public hearing was closed at 6t39 p.m. 34 e 0 MINUTES (77) (45) February 23, 1988 Page 4 COUNCIL \$ % % )r MEMBERS % $% PUBLIC HEARINGS: (Continued) Council approved the Negative Declaration issued by the X Pet t ine Resolutions: (one motion) xx Kulchin Planning Director and adopted the following X Lewis Mamaux X RESOLUTION NO. 88-46, APPROVING A LOCAL FACILITIES 11. MANAGEMENT PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE X Larson RESOLUTION NO. 88-47, APPROVING A LOCAL FACILITIES MANAGEMENT PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 12. 7. AB #9307 - ZONE 6 FACILITY FINANCING PROPOSAL, AMENDMENT TO LA COSTA PARKS AGREEMENT, AND MANAGEMENT FEES FOR ZONES 11 AND 12. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using transparencies to show the exhibits contained in the Agenda Bill. Phil Carter explained the four components of the financing proposal contained in the Agenda Bill. In response to Council query, he stated it would take a month to process the deed from La Costa Ranch Company, but once received and reviewed, building permits could be issued in Zone 6. Mayor Lewis opened the Public Hearing at 7:16 p.m., and issued the invitation to speak. George Hahn 2015 Pintoresco Court, Stagecoach Park Apartments, spoke in opposition to the $310 per unit charge, stating apartments have a lower effect on all facilities and a lower person count per unit. He recommended a lower proportionate fee for apartments. Doug Avis, representing La Costa Ranch Company, addressed Council, stating it is rare for a developer to make dedications prior to approvals. He said the Growth Management Plan changed the rules, and the acreage and money to construct the park being given in conjunction with their financing mechanisms is an investment in the community. He stated his support of the parks agreement and asked for Council's approval. Since no one else wished to speak on this item, the public hearing was closed at 7:20 p.m. Council directed staff to allocate the existing Bridge Lewis X and Thoroughfare Benefit District funds and pledge Kulchin xx future funds for the improvement of the 1-5/La Costa Pettine X Avenue interchange until sufficient funds have been Mamaux X collected, and adopted the following Resolutions: (one Larson X motion) 3.1 e 0 MINUTES (104) (100) February 23, 1988 COUNCIL \\q %7 "0 $,p/ )r Page 5 MEMBERS Z. 8 .2 PUBLIC HEARINGS: (Continued) RESOLUTION NO. 88-51, AMENDING THE ADOPTED CAPITAL IMPROVEMENT PROGRAM BUDGET IN ORDER TO RESOLVE CERTAIN PUBLIC FACILITY SHORTFALLS IDENTIFIED AS PART OF THE PREPARATION OF THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 6. RESOLUTION NO. 88-52, APPROVING 7988 PARK SUPPLEMENT TO THE 1982 PARKS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LA COSTA RANCH COMPANY (BCE DEVELOPMENT, INC.) FOR THE DEDICATION OF CERTAIN PARK LAND AND PARTIAL FINANCING OF PARK CONSTRUCTION WITHIN PARK DISTRICT 4. RESOLUTION NO. 88-53, AUTHORIZING THE COLLECTION OF A LOCAL FACILITIES MANAGEMENT FEE IN THE AREAS DEFINED AS LOCAL FACILITY MANAGEMENT ZONE 6, 11 AND 12 AND REVISING THE PREVIOUS LOCAL FACILITIES MANAGEMENT FEE ADOPTED BY RESOLUTION NO. 9292. RECESS : Mayor Lewis declared a Recess at 7:30 p.m., and Council re-convened at 7:33 p.m., with all Members present. PUBLIC HEARINGS: (Continued) 8. AB 119304 - PROPOSITION A SALES TAX FIVE-YEAR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM. Lloyd Hubbs, City Engineer, gave the initial staff report, with Richard Allen continuing the report as contained in the Agenda Bill. Mr. Allen suggested in order to be consistent with the action taken by Council on the previous item, that La Costa Avenue/I-5 Interchange be eliminated from the Prop A funds and the Palomar Airport Road/I-5 Interchange be funded one hundred percent from the Prop A money. Mr. Allen stated efforts were still being made to get Encinitas to pay for some of the La Costa Interchange. Council Member Mamaux stated Palomar Airport Road is part of the Highway 78 Corridor Study, and he questioned whether local commitment of funds would preclude receipt of Federal monies for the project. Mr. Allen stated a caveat was needed to cover the possibility of Palomar Airport Road becoming regional, to have the money returned to the local funds. Mayor Lewis opened the Public Hearing at 7:40 p.m., and issued the invitation to speak. Lowell Ponte, 522 Tamarack Avenue, asked that priority be given to local streets for road improvement, such as 3efferson Street and Tamarack Avenue. Mr. Ponte stated Tamarack between 1-5 and the beach remains unimproved, lacking sidewalks, curbs and bike lanes, and is very hazardous to young travelers to the beach and to residents. 32- (97) (70) a 0 MINUTES COUNCIL \F %T "0 +9/ A February 23, 1988 Page 6 MEMBERS .2. & 9 PUBLIC HEARINGS: (Continued) Mr. Ponte questioned the ownership of the La Costa/I-5 interchange, stating Carlsbad does not own the entire area and is being asked to stand the entire cost of improving the interchange. The City Manager stated staff will contact Mr. Ponte with the information about the ownership of the La CostafI-5 interchange. Since no one else wished to speak on this matter, the public hearing was closed at 7:45 p.m. Council adopted the following Resolution: Lewis X Kulchin xx A SALES TAX MONEY FOR THE CONSTRUCTION OF CERTAIN Mamaux X INTERCHANGE IMPROVEMENTS AND APPROVING PROJECTS FOR THE Larson X 1988 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM; amended to remove the La Costa Avenue/I-5 Interchange from the Prop A funding and add those additional funds to the Palomar Airport Road/I-5 Interchange. DEPARTMENTAL AND CITY MANAGER REPORTS: RESOLUTION NO. 88-48, APPROVING THE USE OF PROPOSITION X Pettine 9. AB 89305 - REQUEST FOR APPRAISAL STUDY OF POTENTIAL CARLSBAD BOULEVARD HIGHWAY PROTECTION. 3ohn Cahill, Municipal Projects Manager, gave the staff report as contained in the Agenda Bill. Council Member Kulchin narrated the slide program which was given to the Corps of Engineers in Washington, D.C., last week. Council adopted the following Resolution: Lewis X Kulchin xx OF ENGINEERS TO PROCEED WITH AN INITIAL APPRAISAL STUDY Mamaux X FOR POTENTIAL PARTICIPATION IN A PR03ECT TO PROTECT Larson X CARLBAD BOULEVARD SOUTH OF TAMARACK AVENUE. RESOLUTION NO. 88-49, REQUESTING THE U. S. ARMY CORPS X Pettine 10. AB !I9306 - SAND FOR BEACH REPLENISHMENT. Mayor Lewis stated he had asked for this item to be placed on the Agenda because of time constraints. He stated he had received a letter from SDG&E today stating the funds needed would be $55,000 rather than the $50,000 stated in the Aaenda Bill. Mike McNabb, 5016 Carlsbad Boulevard, representing SDG&E, stated this was the best package they could put together. He added the $55,000 was about 20 percent of what the cost would be if the City went to the open market to get the work done. 3/ 0 0 MINUTES February 23, 1988 COUNCIL \\q or9A /o $, 3, Page 7 MEMBERS .2. tlr Z DEPARTMENTAL AND CITY MANAGER REPORTS : (Continued) Council Member Kulchin stated she could not support this request for $55,000 for the placement of sand on the beach, when it was not certain how long that sand would remain there. She also expressed disappointment with SDG&E's position on this matter. Council Member Mamaux stated he felt this was not the time to spend $55,000 moving sand where it may not stay. He stated he would prefer dredging the inner lagoon where it is hazardous to the boaters. Council authorized the City Manager to enter into an Lewis X agreement with San Diego Gas & Electric Company (SDG&E) Kulchin for an amount not to exceed $55,000; and directed the Pettine X City Manager to assist SDG&E in efforts to obtain a Mamaux reduced permit fee from the Water Control Board; and Larson xx adopted the following Resolution: RESOLUTION NO. 88-50, AUTHORIZING A TRANSFER OF $55,000 FROM THE CITY COUNCIL CONTINGENCY ACCOUNT (001-840-1990- 2999) INTO PR03ECT ACCOUNT NUMBER (001-840-1890-3301) FOR DEPOSITING OF SAND ADJACENT TO THE SEAWALL NORTH OF AGUA HEDIONDA LAGOON. COUNCIL REPORTS: Palomar Airport Advisory Committee Council Member Pettine reported on a recent meeting and discussions on modifying the competitive bidding to allow current leaseholders the right of first refusal and allow exjkting leaseholders to expand their operations. Council Member Mamaux asked whether or not a study had been done of possibly locating a fire station at the airport rather than the Safety Center. Mayor Lewis stated Council had rejected that idea in the past, as that could allow the airport to expand to allow more than 50 passengers on flights, but perhaps this should be discussed. By Council consensus, the City Manager was directed to investigate the possibility of locating Fire Station #5 at the airport rather than the Safety Center. SANDAG Council Member Mamaux reported that a recent newspaper article was critical of housing caps and this is included in a SANDAG report which will be circulated shortly. He stated he would like those items on an agenda. The reports will be given to Members and Council is to take a position at a meeting in March. Offshore Oil Drilling Task Force Council Member Mamaux reported on a recent meeting, and added the group will be meeting once a month until 3uly 22, at which time the EIR has to be presented to the Federal Government. < 30 - Q a IN February 23, 1988 Page 8 COUNCIL REPORTS: (Continued) 3AC - Council Member Mamaux reported work will start on the budget preparation. NCTD Council Member Kulchin reported she had been appointed to a Committee to look into commuter service between Oceanside and San Diego. CITY ATTORNEY COMMENTS: City Attorney Vincent Biondo reported on the Proposition EIG lawsuit and gave an update on the trash-to-energy plant litigation. CLOSED SESSION: 41) 11. CLOSED SESSION PENDING LITIGATION. Council adjourned to a Closed Session at 8:39 p.m., to discuss Peter C. David Co. v. City of Carlsbad Case Number N36001, pursuant to Government Code Section 54956.9(a). Council re-convened at 8:46 p.m., having heard the information from the City Attorney, and instructed him concerning the litigation. AD30URNMENT: By proper motion, the Meeting of February 23, 1988, was adjourned at 8:47 p.m., to Thursday, February 25, 1988, at 7:OO p.m., in the Council Chambers for a slide presentation on the City's Sister City, Futtsu, 3apan. Respectfully submitted, &&&L J. - ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 2.9 1 COUNCIL y$i$ %v /o $9/ A MEMBERS 2. tp Z Lewis xx Kulchin X X Larson X Mamaux X Pettine