HomeMy WebLinkAbout1988-06-28; City Council; Minutese 0
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Meeting of: CITY COUNCIL (Regular Meeting)
Date Time of of Meeting: Meeting: 6:OO 3une 28, p.m. 1988 \j$
Place of Meeting: City Council Chambers COUNCIL /o $,%
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:
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MEMBERS Z. 8 Z.
Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson.
Absent: None.
APPROVAL OF MINUTES: (one motion)
Minutes of the Regular Meeting held June 14, 1988, were x Lewis
approved as presented. Kulchin X%
Pettine
x Larson
x Mamaux
v
Minutes of the Adjourned Regular Meeting held 3une 17,
1988, were approved as presented.
CONSENT CALENDAR:
Council affirmed the action of the Consent Calendar, Lewis X
as follows: Kulchin %X
Pettine X
Mamaux X
La rso n X
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
1. A 89497 - AMENDING THE PART-TIME SALARY SCHEDULE.
Council adopted RESOLUTION NO. 88-206, adopting an
1 adjustment to the part-time hourly salary plan for
. the part-time employees.
2. AB 89498 - IMPERIAL VALLEY WATER CONSERVATION -
HOUSE OF REPRESENTATIVES BILL 3988.
Council adopted RESOLUTION NO. 88-207, supporting,
in principle, proposed legislation for
congressional authorization to line portions of
the all-American canal and the Coachella branch.
3. AB #9499 - ADOPTION OF INTERIM SALARY PLAN FOR
POLICE.
Council adopted RESOLUTION NO. 88-208, adopting an
interim salary plan for the Police for fiscal year
1988-1989.
PUBLIC COMMENT:
Henry Thompson, 330 Chestnut Avenue, addressed Council
on the citizens' rights and obligation to participate
in government. He stated that while gathering
signatures for the S.O.S. initiative, he heard several
people state they could not sign the initiative because
they were a City employee. Mr. Thompson stated if the
City had such a policy, it should be changed to encourage employees to take part in government.
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PUBLIC HEARING:
4. AB 99500 - APPEAL OF PLANNING COMMISSION DENIAL
FOR A SITE DEVELOPMENT PLAN - SDP 87-9/V 88-1 - REISER-OKUN.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill.
Mayor Lewis opened the public hearing at 6:09 p.m.,
and issued the invitation to speak.
Rodney Miles, 18300 Von Karmen Avenue, Suite 700,
Irvine, representing the owners of the project, stated
it was their contention this was not a boxy building as
indicated by staff. Also, there was no requirement for
a certain square footage of buildings in this area.
Mr. Miles stated the biggest issue was the parking. He
stated there was a prior case where an administrative
variance was granted to goyce games in the 3900 block
of Garfield. Mr. Miles added there was no valid basis
for a denial.
Mayor Lewis asked Mr. Miles whether he was aware of the
Beach Overlay and the position of Council pertaining
to parking and large, bulky buildings, and Mr. Miles stated he was.
Mr. Holzmiller stated there was an administrative
variance granted to Joyce games for a remodel of an
existing single family residence. If it had been a
multi-family project, it would not have been approved.
There have been no approvals of any multi-family
projects that do not meet all the requirements.
Since no one else wished to speak on this item, the
Pub1i.c Hearing was closed at 6:18 p.m.
Council denied the appeal and upheld the Planning Lewis x
Commission's decision to deny SDP 87-9/V 88-1. Kulchin xx
Pettine X
Mamaux x
La rso n X
DEPARTMENTAL AND CITY MANAGER REPORTS:
5. AB 89501 - CITIZEN REQUEST: WINDSONG COVE
HOMEOWNERS ASSOCIATION.
Mayor Lewis gave a background of the history of
Windsong Cove, emphasizing the concerns with the
density of the project, and stating that previous
Councils had assured the residents in the area that the
traffic from the Papagayo project would not impact
those existing streets. The discussion and decision of
previous Councils was to make sure the traffic impacts
remained within the project, which is now known as
Windsong Cove and Windsong Shores.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) I
Cheryl Carlton, 4008C Aguila Street, representing the
Windsong Cove Homeowners Association, presented
petitions seeking relief from the City for access
problems in developing Lot 5.
Michael Kirkman, 4012 "F" Layang Layang, Member of the
Board of Directors of the Windsong Cove Homeowners
Association, stated there had been concern for a long time with regard to construction on Lot 5 along Agua
Hedionda, and they were asking Council for relief.
Mr. Kirkman stated Council provided that same kind of
relief to the homeowners on Harbor Drive in 1983. He
continued, stating Harbor Drive is the most feasible
and best access for any construction traffic for this
new development. He told of the dirt to be removed
before that construction can start, and added this
would create a safety and health problem for the
Windsong Cove area, as the streets there are not built
to handle heavy construction trucks.
Mr. Kirkman referred to the easement at the end of the
cul-de-sac, stating that had been dedicated to the City
and the residents of Windsong Cove felt access through
Harbor Drive would be the safest route for the
construction trucks for the Marlborough Development.
City Attorney Vincent Biondo stated the access to the
project appears on all the documents of record, and
there is no public access on the cul-de-sac, with all
access to be on the private streets. He suggested this
may be a private legal dispute between the developer ana
the homeowners and there was no basis for the City to get involved.
3ean Van Leuven, 832 A Kalpati, President of the .original Agua Hedionda Homeowners Association, stated
there were letters and petitions hoping they could be
heard in this matter. She stated they were in support of Windsong Cove's safety initiative as far as
easement through the cul-de-sac. There had been many
misrepresentations from the developer and it was felt
the matter should be researched more thoroughly.
Robert Crabtree, 4070 Harbor Drive, stated the
residents on Harbor Drive had reconciled themselves to
the high density of the developments there, but that
easement allowed for nothing larger than a bicycle.
Any opening of Harbor Drive would be a substantial
change and should require going before the Coastal
Commission, Planning Commission and Council.
James A. Hawes, 4065 Harbor Drive, stated the residents
on Harbor Drive are concerned that the street may be
opened up for through traffic. He said the curb and
gutter was installed on the cul-de-sac for walk-through
access only. He asked the City to abide by the
existing easements and ordinances and not be swayed to
turn this into a political matter.
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DEPARTMENTAL AND CITY MANAGER REPORTS : (Continued)
Mayor Lewis reiterated the streets are very small
through Windsong Cove and he did not see how trucks
could get through. He said previous Councils approved
the plan and it was known there was no access except
through the streets of Windsong Cove. Mayor Lewis
suggested the developer meet with the residents and wor
out some solution.
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City Attorney Vincent Biondo said the project by
Marlborough was approved at public hearings and specific:
reference was made to access, with the decision made to
have access through the existing project. He felt the
developer should be made aware of the concerns of the
residents, and they should all work together to solve
the problem.
In answer to Council query regarding the time factor on
the proposed development, Marty Orenyak stated it was
to be a three-year buildout for the balance of the
project, with construction to start in 60 to 90 days.
Mr. Orenyak stated the Harbor Drive residents object to
either temporary or permanent access. He said one
other access had been investigated, which was down the
railroad right-of-way. However, that access has a
grading problem and the railroad would be reluctant to
grant an easement for safety reasons. Also, there is a
gas line in that area.
Richard Niec, Vice President and Division Manager for
Marlborough Development Corporation, 28751 Rancho Circk
Road, Rancho California, stated safety during
construction was their prime concern.
Mr. Niec agreed to meet with Council Members Lewis and
Cove Homeowners Associations and a representative of
the residents of Harbor Drive to resolve the access
problem during construction.
- Kulchin, representatives of Papagayo and Windsong
RECESS :
Mayor Lewis declared a recess at 7:11 p.m., and Council
re-convened at 7:28 p.m., with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
6. AB !I9478 - CITY COUNCIL GOALS AND OBJECTIVES. I
Jim Hagaman, Director of ResearchfAnalysis, gave the
staff report as contained in the Agenda Bill, stating
the five-year vision statement was not included in the
report and the semi-annual intergovernmental managers'
information meeting listed under Administration should
be deleted.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
6. AB f9478 - CITY COUNCIL GOALS AND OB3ECTIVES:
(Continued)
Council Member Pettine suggested Council add under
Administration Goal IV, Objectives, a provision
supporting the regional planning concept.
Council adopted the Goals and Objectives as indicated
on the work plan, with the deletion recommended by
staff and with the addition of a Goals and Objectives
re the concept of regional planning.
7. AB !I9480 - PERSONNEL BOARD APPOINTMENT.
Council adopted the following Resolution:
RESOLUTION NO. 88-192, APPOINTING 30SEPH A. SINCLITICO
TO THE CARLSBAD PERSONNEL BOARD.
8. AB 89481 - HOUSING AND REDEVELOPMENT ADVISORY
COMMITTEE APPOINTMENT.
Lewis
Kulchin
Pettine
Mamaux
Larson
Lewis
Kulchin
Pettine
Mamaux
Larson
Council adopted the following Resolution: Lewis
Kulchin
RESOLUTION NO. 88-194, APPOINTING YVONNE MCMAHON TO THE Pettine
CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE. Mamaux 1 Larson
9. AB 89502 - BEACH EROSION COMMITTEE APPOINTMENT. I
Council adopted the following Resolution: Lewis
Kulchin
RESOLUTION NO. 88-209, APPOINTING DON 3ACKSON TO THE Pettine
CITY OF CARLSBAD BEACH EROSION COMMITTEE.
Larson
Mamaux
10. AB f9503 - TRANSIENT OCCUPANCY TAX. I Council Member Mamaux stated he felt the Transient
Occupancy Tax should be placed back on the ballot.
He recommended two measures: the first would be a
measure concerning the use of General Funds for the go11
course and tennis facility, plus two million dollars
toward development of Macario Canyon; the second measurt
would be a two percent increase in the TOT, one percent
effective January 1, 1989, and one percent effective
January 1, 1990, proceeds to go to the General Fund.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
IO. AB #9503 - TRANSIENT OCCUPANCY TAX. (Continued)
Council Member Mamaux suggested a third alternative,
which would be that of returning to Proposition D, a
special tax, requiring 2/3 vote, with seven or eight
million to go for the tennis and golf facilities and the
rest to go into the General Fund.
Council Member Pettine referred to his memorandum dated
3une 28, 1988, which he distributed prior to the
meeting, suggesting private development of the golf
course, with a General Obligation bond on the ballot,
requiring a 2/3 vote. This would spread the burden
rather than place it solely on the hotel/motel
operators.
Council Member Kulchin stated she would like to go back to Proposition D and delete the $200,000 for the
Visitors Bureau.
Anne Mauch, 6741 Oleander Way, spoke in favor of a golf course, stating this preserves open space, is
attractive and provides income. She felt a General
Obligation Bond would be the best way to pay for this
facility and suggested the formation of an open space
conservancy corporation. Ms. Mauch stated a golf course is over-due and postponing it would only add to
the cost.
3im Courtney, 4914 Avila Avenue, representing C.A.R.A.,
suggested going for seven million dollars and taking
three and a half million dollars to build the complex
in Macario Canyon. He said to put the golf course on
the ballot in November as an advisory measure, and if
.it is approved, the Council must then find funding.
3im Smith, 6725 Russelia Court, representing the
Carlsbad Golf Association, stated 58 percent of the
people said they wanted the golf course and tennis
facility. He felt this could pass if everyone worked
for it, but he preferred not to ask for a 2/3 vote.
Mr. Smith said the Association would work hard to
convince the citizens a golf and tennis facility would
pay its own way and be a source of income to the City.
Mr. Smith stated that if the golf course were left to
private industry, that would probably mean very high
green fees. As far as the General Obligation Bond, he
felt this would not be able to get a 2/3 vote.
Mayor Lewis recommended putting two measures before the voters. First, the question: Shall the City of
Carlsbad build a golf course and tennis facility? That
would take care of Proposition H requirements.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
IO. AB 89503 - TRANSIENT OCCUPANCY TAX. (Continued)
Mayor Lewis continued, stating the second measure would
be to increase the TOT from 8 to 10 percent; one percen';
3anuary 1, 1989, and one percent January 1, 1990. If
the first measure passed and the second did not, then
the City should ao to privatization for the facilities.
Cou-ncil Member Kulchin reiterated she would like to see
Proposition D on the ballot for golf, tennis and
ballfields, with everyone working together.
Council agreed to have Council Members Mamaux and
Pettine serve as a subcommittee to develop and return
to Council with proposals for placing the matter before
the voters in November.
(37) 11. AB 89494 - REVISING CITY COUNCIL PROCEDURES FOR
COUNCIL-ORIGINATED AGENDA ITEMS.
Mayor Lewis stated it was not his intention to restrict
anyone from putting any item on the Agenda, but he
wanted everyone to have all of the information ahead of
time to be able to discuss a subject intelligently.
Council Member Mamaux suggested an additional
requirement that if the City Manager and staff members
leave town to brief a Council Member or to discuss City
business, all Council Members should be advised. He
added that Council Members should not have meetings
outside of town because of added costs associated with
travel time.
Council Member Pettine stated staff came to San Diego
to meet with him during lunch time because he works in
. San Diego.
Mayor Lewis stated it was the City Manager's job to see
that Council Members are informed.
Council Member Pettine stated this Ordinance was
unnecessary and unneeded at this time, and was in
response to his placing an item on the Agenda
concerning the reinstatement of Mr. McBane to the
Planning Commission.
Mayor Lewis stated his concern about placement of
sensitive items on the Agenda without the full
information being presented to all.
Council Member Pettine stated he would abstain because
the Ordinance was drafted in violation of the McBane
standard.
Council introduced the following Ordinance: Lewis X
Kulchin X
THE CARLSBAD MUNICIPAL CODE BY THE MENDMENT OF SECTION Mamaux X
ORIGINATED AGENDA ITEMS.
ORDINANCE NO. NS-22, AMENDING TITLE 1, CHAPTER 1-20 OF J Pettine
1.20.060 TO REVISE THE PROCEDURES FOR COUNCIL- xx Larson
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
12. AB W9504 - PROPOSED ACQUISITION OF SHERMAN PROPERTY
AND APPOINTMENT OF NEGOTIATOR.
Assistant City Manager Frank Mannen gave the staff
report on this item as contained in the Agenda Bill.
Beverly Southers stated she has a legal interest in the
property and she and Mr. Sherman oppose this proposed
acquisition of his property and they intend to fight
it.
Council agreed that the City Manager or his designee Lewis X
will represent the City to negotiate with the owners Kulchi n xx
and their representatives. Pettine X
Mamaux X
Larson X
INFORMATION ITEMS:
14. REPORT ON CITIZEN CONCERNS:
Staff has met with Mr. Lompart and is working to
resolve the problem.
15. CANDIDATE GUIDELINES FOR GENERAL MUNICIPAL ELECTION - NOVEMBER 8, 1988.
Report from the City Clerk explaining candidate guidelines for the November Municipal Election.
COUNCIL REPORTS:
SANDAG
Council Member Mamaux reported on recent activities.
Offshore Oil Drilling Task Force
Council Member Mamaux reported on the recent action of the Vice President asking for a delay in the
Northern California offshore drilling, which then
created a demand for accelerating drilling in Southern
California.
Mid-County Traffic Study Committee
Council Member Mamaux stated he was appointed to this
committee to study the roads in mid-county.
NCTD
Council Member Kulchin reported a a recent Board
Meeting .
S.O.S. Subcommittee
Council Member Larson distributed a copy of a letter
from the subcommittee to the S.O.S. and the proposed
time line.
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CITY ATTORNEY COMMENTS:
City Attorney Vincent Biondo gave a status report on
the trash-to-energy litigation.
CLOSED SESSION:
(81) 12. AB #9504 - CLOSED SESSION TO INSTRUCT NEGOTIATOR.
(41) 13. CLOSED SESSION CONCERNING INITIATION OF LITIGATION.
Council adjourned to a Closed Session at 9:12 p.m.,
pursuant to Sections 54956.8 and 54956.9(c), to
instruct the City's negotiator and to consider
initiating litigation.
Council re-convened at 9:53 p.m., and announced they
had instructed the negotiator and had taken no action
on initiating litigation.
AD30URNMENT:
By proper motion, the Meeting of June 28, 1988, was
adjourned at 9:54 p.m.
Respectfully submitted,
-4-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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Lewis xx Kulchin
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X Larson
X Mamaux
X Pettine