HomeMy WebLinkAbout1988-02-23; City Council; Minutes0 e MINUTES
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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 % $%
CALL TO ORDER:
Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Lewis, Kulchin,
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Pettine, Mamaux and Larson.
Absent : None a
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held February 9, 1988, Lewis
X Larson
X Mamaux
X Pettine
xx Kulchin were approved as presented.
X
- CONSENT CALENDAR:
Council affirmed the action of the Con-sent Calendar, Lewis
X Larson
X Mamaux
X Pettine
xx Kulchin as follows ::
X
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB 89299 - PURCHASE OF VARIOUS TRUCKS.
Council adopted RESOLUTION NO. 88-42: accepting the
bids and authorizing the execution of purchase
orders for various trucks.
2. A5 119300 - QUITCLAIM OF SEWER EASEMENT - CT 81-46 -
AIRPORT BUSINESS CENTER.
Council adopted RESOLUTION NO. 88-43, approving
quitclaim for sewer purposes over lot 10 of
Carlsbad Tract 81-46 located off Palomar Airport
Road.
3. AB 119301 - GRANT DEED ACCEPTANCE FOR SDP 84-5 -
CARLSBAD GATEWAY CENTER - WRISLEY.
Council adopted RESOLUTION NO. 88-44, approving
acceptance of a grant deed from Ralph and Hope
Wrisley for easements for drainage and slope
purposes located off Palmer Way.
4. AB H9302 - GRANT DEED ACCEPTANCE FOR SDP 84-5 -
CARLSBAD GATEWAY CENTER - EBRIGHT.
Council adopted RESOLUTION NO. 88-45, accepting a
grant deed from Dorothy Ebright conveying an easement for drainage purposes with right of
ingress and egress on property located off Palmer
Way.
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% February 23, 1988 Page 2 COUNCIL \$$ A9 /o %p/ A
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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.
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February 23, 1988 Page 3 MEMBERS Z. CF .2,
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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.
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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)
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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.
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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.
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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.
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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
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MEMBERS 2. tp Z
Lewis xx Kulchin
X
X Larson
X Mamaux
X Pettine