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HomeMy WebLinkAbout1988-05-17; City Council; Minutes0 m MINUTES (81) (26) (40) (81) Meetina of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 17, 1988 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers I - CALL TO ORDER: I Mayor Lewis called the Meeting to order at 6:03 p.m. I ROLL CALL was taken by the City Clerk, as follows: " I Present: Council Members Lewis, Kulchin, pettine, Mamaux and Larson. Absent : None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. CONSENT CALENDAR: Council. Member Kulchin requested Item fl be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item 81, as follows: WAIVER OF ORDINANCE TEXT READING: I Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB $19432 - ACCEPTANCE OF DONATION FROM HOEHN MOTORS AND APPROVAL OF SAN DIEGO POPS CONCERT. This item was removed from the Consent Calendar. I 2. AB f9433 - NEGATIVE DECLARATION AND PLANS AND SPECIFICATIONS FOR PALOMAR AIRPORT ROAD WEST - PR03ECT NUMBER 3151. Council adopted RESOLUTION NO. 88-156, approving a conditional negative dclaration for the construction of street widening and related improvements to Palomar Airport Road (West): and adopted RESOLUTION NO. 88-157, referencing prevailing wage scale and directing call for construction bids. 3. AB 89434 - NOTICE OF COMPLETION FOR CITY HALL AND CITY COUNCIL CHAMBERS REMODELING PROJECT. Council adopted RESOLUTION NO. 88-158, accepting the construction of the Carlsbad City Hall and City Council Chambers remodeling project as complete and directing the City Clerk to record the Notice of Completion. ITEM REMOVED FROM THE CONSENT CALENDAR: 1. AB R9432 - ACCEPTANCE OF DONATION FROM HOEHN MOTORS AND APPROVAL OF SAN DIEGO POPS CONCERT. Council Member Kulchin stated she asked this item to be removed because Mr. Hoehn was at the meeting for the purpose of presenting a check to the Council. - COUNCIL y$ % MEMBERS 9 Lewis Mulchin Pettine Mamaux Larson \2 Ib I I \ 5 p % x b )* \ X x X x X ~ 0 e MINUTES (99) May 17, 1988 Page 2 I ITEM REMOVED FROM THE CONSENT CALENDAR: (Continued) I Bill Hoehn, Hoehn Motors, presented Council with a chec for $15,000 as their donation for the San Diego Pops Concert to be held in the Carlsbad Research Center. Council adopted the following Resolution: I RESOLUTION NO. 88-155, APPROVING A 1988 POPS CONCERT, ACCEPTING A DONATION OF FUNDS AND APPROPRIATING FUNDS. PUBLIC COMMENT: 3im Smith, 6725 Russelia Court, addressed Council representing the Carlsbad Golf Association, giving an update on activities of the Association with regard to supporting Proposition "Dl' on the 3une 7, 1988 , ballot. Council Member Mamaux requested, and Council concurred, that the City Manager present a report to Council next week verifying the reported $185,000 profit being made on the Oceanside Golf Course. Mr. Mamaux, with Council concurrence, also requested a report on the $200,000 that goes to the General Fund when the tax as proposed under Proposition D is passed in 3une. DEPARTMENTAL AND CITY MANAGER REPORTS: 4. AB 89435 - CITIZEN REQUEST - LA CRESTA AT COLINAS DE OR0 HOMEOWNERS ASSOCIATION. CT 81-16 Larry Harter, 3240 Avenida Anacapa, representing the La Cresta Homeowners Association, described the storm drain outlet located on property behind 3252 Avenida Anacapa, and noted there is a small pond there three feet deep, with weeds and swampy areas adjacent to the pond. He stated the residents' concerns with this becoming a breeding spot for mosquitoes and a hazard for children. Mike Conner, 3268 Avenida Anacapa, presented photographs to Council, and stated he echoed Mr. Harter's concerns. He stated there are puddles of water standing in the area with green, brown and black algae, and the bacteria count is beyond control. 3ohn Wright, 3274 Avenida Anacapa, representing La Cresta Homeowners Association, explained that the hydro seeding done by the developer had no chance to germinate due to a rainstorm and cold weather and frost. This area should be re-seeded or restitution made to the homeowners. Mr. Wright felt deadlines should be set for developers to perform all the required conditions, with penalties for non-compliance. 12s I \\b 5 COUNCIL % ?k% 3 MEMBERS % $% Lewis xx Kulchin X X Larson X Mamaux X Pettine I 0 0 MINUTES May 17, 1988 \\\ Page 3 MEMBERS co"NcL\ . DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Jim DiLuca, 7961 Calle Posada, representing Colinas De Oro Homeowners, spoke of the concerns of the residents with having to live with hazardous defects. The sidewalks and streets are buckled and cracked and groundcover has grown into the potholes, adding to concerns about tripping. Mr. DiLuca stated the runoff from the rainfall is even more serious, with stagnant water and bacteria creating hazards to the people in the area. He stated there is algae present all year round. Mr. DiLuca stated he would appreciate Council applying more pressure on Polygon to take care of the defects, as too much time has elapsed without any corrections. Bud Long, 3270 Camino Coronado, representing La Cresta at Colinas De Oro, stated he had a copy of the report made by the committee to Council, and he read the letter. The report listed the defects and problems of the homeowners in the homes built by Polygon. Phil Miller, 26131 Millcreek Road, representing Homes by Polygon as Vice President of Operations, apologized to Council and to the homeowners for allowing this matter to go unresolved. He stated there had been a change in upper management in their company and there had been a lack of follow-up by the company in various other areas as well as in Carlsbad. Mr. Miller stated they are in the process of complying with the "punch list" and repairing the defects as of March and April of this year. He said they expect to have all of the work done within 30 to 60 days. In answer to query, Mr. Miller stated they have signed a contract with a streetsweeper, who started last weekend, and will go through the areas each Saturday. Mr. Miller also added they would bring the hydro-seeded areas up to 90 percent coverage. I M. L. Matheson, 3365 Corte Tiburon, representing the La Cresta Homeowners Association, stated he felt the requests of the homeowners were not unreasonable; that they were simply asking the City to put teeth into its own stated requirements that are given to developers. He said there should be more things on the "punch list", but they are willing to settle for that. Mr. Matheson stated he has to answer to the homeowners and cannot go ahead with their plans for the common areas until the developer and the City finalize what must be done. I I 13c/ I \ & p % b rZ. \ 0 e MINUTES May 17, 1988 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mary Miller, 7958 Calle Conzumel, La Cresta Homeowners Association, spoke as President of the Homeowners Association and stated she is charged with the responsibility of maintaining the community of 102 homes, with a value of approximately $200,000 each, and work with the Homes by Polygon people. Ms. Miller described the streets and gutters with standing pools of water as breeding places for mosquitoes, and the danger to the children in the area. She told of the property surrounding the homes, which is owned by Polygon, being used for vehicles that have been stolen and stripped, as well as the landscapers ir the area using that area for dumping weeds and cuttings. Ms. Miller said the area that was the model home area is now a storage yard for abandoned vehicles, plus people use that area to change the oil in their cars . I Ms. Miller stated she could appreciate Council's help in expediting matters of concern to all of the residents. Dick Klise, 3276 Avenida Anacapa, referred to a list of items the City Engineering Department found deficient in the sub-division. He said that Polygon is always going through a change of management, and asked whether the City had means to do something to help the homeowners get the defects corrected. Lloyd Hubbs, City Engineer, gave the staff report as contained in the Agenda Bill, using slides to show the problems with the water, sinking streets and sidewalks and hydro-seeding. Mr. Hubbs agreed with the homeowners on the poor construction and a number of related factors. He used transparencies to show the sub-division, with the six units outlined. He said that Units 1 and 2 have been accepted by the City and released and nothing can be enforced there. Units 3, 4, 5 and 6 are the concern, with Unit 4 the most difficult. Mr. Hubbs stated staff is at the end of its enforcement program and will have to proceed against the improvement bonds. The bonding company is on notice that if the developer does not perform his obligations, the City wants to proceed against him. Mr. Hubbs stated it would be better to have a system that does not allow this type of thing to happen, with a cooperative spirit and respect between the City and the developer. Mr. Hubbs discussed standards and inspections and adequate staffing to conduct inspections and used transparencies to show the suggested Compliance Procedures. In discussion, Mr. Hubbs stated he questioned whether there was sufficient bonding to take care of the problems in Unit 4. Inflation has taken part of the amount of the bond and it is more costly to make street corrections when there are homes rather than before homes are built. iL? 2 I \\b 5 COUNCIL % %% 3 MEMBERS % $% 0 e MINUTES (102) (57) (24) May 17, 1988 \\B 5 Page 5 COUNCIL % %a 4 MEM6ERS % $% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) In answer to Council query, Mike Holzmiller stated Polygon has tentative approvals on the rest of the property they own in the City, but no final maps. Mr. Miller, of Polygon, stated they would immediately barricade the area where the street is buckled and he stated the work would be done in late June or July. The other defects will be corrected, with a starting time in June through the first week of July. Council Member Kulchin requested this item be returned in 30 days for a progress report on the repairs. The City Manager stated staff would return with a status report after allowing the developer 30 calendar days. 5. AB f9436 - SPEED LIMIT ON A PORTION OF AVENIDA ENCINAS. Bob Johnson, Traffic Engineer, gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: xx Kulchin X Lewis OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF Mamaux x SECTION 10.44.280 TO ESTABLISH THE SPEED LIMIT ON Larson AVENIDA ENCINAS FROM PALOMAR AIRPORT ROAD TO CANNON ROAD. 6. AB /I9437 - RESOLUTION SUPPORTING INCLUSION OF THE LEUCADIA BOULEVARD CONNECTION IN THE ENCINITAS GENERAL PLAN. ORDINANCE NO. NS-16, AMENDING TITLE 10, CHAPTER 10.44 X Pettine Mike Holzmiller stated a revised General Plan report had just been received. He requested an additional week for staff to prepare this item for Council, and Council concurred, continuing this item until May 24, 1988. 7. AB 89438 - ANIMAL CONTROL SERVICES. Council Member Mamaux requested this item, and stated he would like to have a comparison made between the Oceanside Humane Society Animal Control Program and the County's Animal Control Services. City Manager Ray Patchett stated a report with that comparison would take from 30 to 60 days for staff to complete . Council Member Pettine stated for the record he would like a proposal from the Humane Society first, confirming their interest in providing the service to the City, before committing staff time to a study. Council directed staff to prepare a report comparing Lewis X the Oceanside Humane Society Animal Control Program and Kulchin X the County's Animal Control Services. Pet t ine x Mamaux X Larson xx 122, 0 a MINUTES (64) (39) May 17, 1988 Page 6 COUNCIL \A 3 yA A MEMBERS % $% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 8. AB 89439 - STREET LIGHTING DISTRICT #I PROPOSED INCLUSION OF LANDSCAPING PORTION OF THE LANDSCAPING AND LIGHTING ACT OF 1972. Frank Mannen, Assistant City Manager, gave the staff report as contained in the Agenda Bill, referring to maps of the lighting districts and the proposal for assessing street tree maintenance, showing the areas and medians. He recommended Council take no action tonight to include any median or street tree maintenance in the district. He continued with the report, referencing the boundary map of the district which showed the parcels and land to be assessed. Council adopted the following Resolution, deleting any Lewis X references to landscape median maintenance and street Kulchin xx tree maintenance: Pettine X Mamaux X RESOLUTION NO. 88-160, INITIATING PROCEEDINGS FOR THE X Larson ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A SPECIAL MAINTENANCE DISTRICT. Frank Mannen continued with the report, describing the general nature, location and extent of the improvements. Council adopted the following Resolutions, deleting any references to landscape median maintenance and street tree maintenance: RESOLUTION NO. 88-161, APPROVING THE ENGINEER'S X Lewis "REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF Mamaux X Pettine ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT. xx Kulchin X Larson X RESOLUTION NO. 88-162, DECLARING ITS INTENTION TO X Lewis PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF X Larson on June 7, 1988. X Mamaux SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON, X Pettine ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND xx Kulch in INFORMATION ITEM: 9. REPORT ON CITY INVESTMENTS. Report from the City Treasurer on the City's Investment Portfolio as of May 1, 1988. COUNCIL COMMENTS: Trash Collection Council Member Mamaux stated 3une 1st was the deadline for notifying the trash disposal company if the City intended to bid for these services. 1C.l / 0 e MINUTES COUNCIL \jb %VW /o $,% May 17, 1988 Page 7 MEMBERS Z. 8 Z. COUNCIL COMMENTS: (Continued) City Attorney Vincent Biondo stated the present trash contract is very favorable to the City, with only a one-year contract. Other companies expect a minimum of a five-year contract. Council Member Mamaux stated the existing contract does not include any recycling provisions. The City Attorney stated Council could direct staff to look at the inclusion of recycling in the existing contract. Council Member Mamaux requested that this item be placed on the Agenda next week for Council discussion and consideration of giving notice to rebid the contract. Mayor Lewis stated he would like to have a report on recycling. Frank Mannen stated the report on recycling would be brought to Council in the near future, and that report considers several alternative ways of handling recycling. The majority of Council indicated a desire for the report on recycling only. Council Member Mamaux stated he wanted the record to show his desire for a report on recycling and trash. COUNCIL REPORTS: 3AC Council Member Mamaux reported on the budget meetings and the question of secondary treatment. Buena Vista Lagoon Committee Council Member Larson reported on a meeting held May 16, and stated the duck feeding area will be renamed the "Wildlife Observation Area". Corridor Commuter Committee Council Member Kulchin reported on a recent meeting. NCTD Council Member Kulchin reported on the budget hearings being held at this time, and stated the budget is 25 million dollars. SOS Committee Mayor Lewis distributed copies of a letter from Mr. Heineman regarding the proposed meeting with the SOS group. Mayor Lewis stated the SOS group wants a confidential meeting and he and Council Member Larson agreed this should be an open meeting. - Ill? v -, a 0 MINUTES May 17, 1988 Page 8 COUNCIL REPORTS: (Continued) Council Member Pettine stated he felt it should be a closed meeting to allow for negotiations. Mayor Lewis stated he did not understand they were to do any negtiating at this meeting; just exchange information. Council Members Larson, Kulchin and Mamaux concurred. Carlsbad Legislative Subcommittee Mayor Lewis gave a status report. Carlsbad Economic Enhancement Council Mayor Lewis reported on a Board Fleeting he and Council Member Mamaux attended. ADJOURNMENT: By proper motion, the Meeting of May 17, 1988, was adjourned at 7:59 p.m. I Respectfully submitted, WRRV ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 119 - l\iJ %pw COUNCIL "0 +p/ MEMBERS Z. tp Z.