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HomeMy WebLinkAbout1988-06-28; City Council; Minutese 0 MINUTES (74) (62) (74) 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: %p%Z 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. 1/>9 0 0 MINUTES (113) (108) (99) \\b 5 June 28, 1988 Page 2 COUNCIL % %' ? MEMBERS % %% I 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. 138 0 0 MINUTES June 28, 1988 Page 3 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. 177 I \\k 5 COUNCIL 3 %$ 3 MEMBERS % $% 0 0 MINUTES (37) June 28, 1988 Page 4 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. I.: 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. 1% \\k 5 COUNCIL ?3 a% d MEMBERS % $% (28) (28) (28) (48) e 0 MINUTES 3une 28, 1988 \\\ Page 5 COUNCIL \ MEMBERS \ 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. > 135 \ b ?L & X X X X \ k 43 X X X X X X X X X X X X X X X X X X X X e 0 MINUTES June 28, 1988 Page 6 I 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. I i?Y COUNCIL \\b 5 %9+%? MEMBERS Z. 8 Z. - - 0 0 MINUTES \\b 5 June 28, 1988 Page 7 COUNCIL 3 %' 7 MEMBERS % $% I 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 I73 r a 0 MINUTES (81) (37) (48) \\B 5 3une 28, 1988 Page 8 COUNCIL % X% 3 MEMBERS % %% 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. 172 't 1. .c d MINUTES 3une 28, 1988 Page 9 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 I?/ 7 \\k 5 COUNCIL % %% 3 MEMBERS % $% Lewis xx Kulchin X X Larson X Mamaux X Pettine