HomeMy WebLinkAbout1989-03-07; City Council; Minutesf
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Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: March 7, 1989
Time of Meeting: 6:OO p.m. \\b
Place of Meeting: City Council Chambers COUNCIL % %%?
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 2. d 2.
Present: Council Members Lewis, Kulchin, Pettine,
Mamaux and Larson.
Absent: None.
INVOCATION was given by Father William Moquin from the
La Costa Holy Cross Episcopal Church.
PLEDGE OF ALLEGIANCE was led by Council Member Mamaux.
CONSENT CALENDAR:
Council affirmed the action of the Consent Calendar, Lewis X
as follows: Kulchin X
Pett i ne xx
Mamaux X
WAIVER OF ORDINANCE TEXT READING: Larson X
Council waived the reading of the text of all Ordinances
and Resolutions at this Meeting.
1. AB #9882 - APPROVAL OF CHANGE ORDER NO. 6 FOR
CONSTRUCTION OF CARLSBAD FIRE STATION NO. 5 -
PROJECT NO. 3242.
Council adopted RESOLUTION NO. 89-61, approving
Change Order No. 6 in the amount of $18,730 for the
construction of Carlsbad Fire Station No. 5.
2. AB #9883 - ACCEPTANCE OF PUBLIC IMPROVEMENTS
(OFFSITE) - CAMINO HILLS - CT 83-25”
Council accepted the improvements, authorized the
City Clerk to record the Notice of Completion,
release bonds, and directed the Utilities and
Maintenance Department to commence maintaining the
public streets associated with the subdivision.
3. AB #9884 - CONSULTANT AGREEMENT FOR RIGHT-OF-WAY
ENGINEERING WORK FOR THE BATlQUlTOS LAGOON
ENHANCEMENT PROJECT.
Council adopted RESOLUTION NO. 89-62, approving a
consultant agreement with Right-of-way Engineering
Associates, Inc., for right-of-way engineering
services required for the Batiquitos Lagoon
Enhancement Project.
4. AB #9885 - ACCEPTANCE OF PUBLIC IMPROVEMENTS -
CALAVERA HILLS (THE CREST) - CT 82-8.
Council accepted the improvments, authorized the
City Clerk to record the Notice of Completion, release bonds, and directed the Utilities and
Maintenance Department to commence maintaining the
public streets associated with the subdivision.
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CONSENT CALENDAR: (Continued)
5. AB #9886 - ADDITIONAL FUNDING FOR CONSULTANT
PLANCHECK AND INSPECTION SERVICES.
Council adopted RESOLUTION NO. 89-63, approving
additional funding for consultant plancheck and
inspection services by approving a transfer of $150,000 from the General Fund to the Engineering
Department Engineering Services Account.
6. AB #9887 - ACCEPTANCE OF PUBLIC IMPROVEMENTS ON
XANA WAY (THE MEADOWS) - CT 84-23/PD 175.
Council accepted the improvements, authorized the
City Clerk to record the Not ice of Comp letion,
release bonds, and directed the Utilities and
Maintenance Department to commence maintaining the
public streets associated with the subdivision.
7. AB #9888 - APPROVAL OF CONSULTANT AGREEMENT FOR
DOCUMENT PROCESSING SERVICES.
Council adopted RESOLUTION NO. 89-64, approving an
agreement with Yvonne Merritt for document processing services for the Engineering Department.
8. AB #9889 - ABOVE-GROUND FENCE ENCROACHMENT AT 7648
NUEVA CASTILLA.
Council adopted RESOLUTION NO. 89-65, approving the agreement with Mr. and Mrs. Karlicek for an above- ground fence encroachment at 7648 Nueva Catilla.
9. AB #9890 - NOTICE OF COMPLETION FOR CONSTRUCTION OF
IMPROVEMENTS TO PARK AND MARINA DRIVES AND THE PARK DRIVE 1911 ACT ASSESSMENT DISTRICT - PROJECT NO. 321 6.
Council adopted RESOLUTION NO. 89-66, accepting the construction of improvements to Park and Marina Drives and the Park Drive 191 1 Act Assesssment
District, Project No. 3216 as complete, and
directed the City Clerk to record the Notice of Completion and authorized Purchase Order No. 6230
to be increased by $31,629.80.
IO. AB #9891 - ACCEPTANCE OF GRANT AND QUITCLAIM DEEDS
FOR THE HOME PLANT SEWAGE PUMP STATION - PROJECT NO.
3299. ~~~~ - I
Council adopted RESOLUTION NO. 89-67, accepting
grant and qultclaim deeds from'Richard A. and
Joanne S. McMahan for property necessary for the
City's construction of the Home P lant Sewage Pump
Station, Project No. 3299.
11. AB #9892 - REQUEST FROM POLICE DEPARTMENT FOR
AUTHORITY TO DESTROY FILES.
Council adopted RESOLUTION NO. 89-68, authorizing destruction of certain files.
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CONSENT CALENDAR: (Continued)
12. AB #9893 - CONSULTANT AGREEMENT FOR COMMUNITY
FACILITIES DISTRICTS.
Council adopted RESOLUTION NO. 89-69, approving a
Special Counsel Agreement between the City of
Carlsbad and the law offices of Brown and Diven for
legal services in processing Community Facilities
Districts.
13. AB #9894 - NOTICE OF COMPLETION FOR CALAVERA HILLS
COMMUNITY PARK, PHASE It - PROJECT NO. 3245.
Council adopted RESOLUTION NO. 89-70, accepting the
construction of Calavera Hills Park, Phase 11,
Project No. 3245, as complete; directed the City
Clerk to record the Notice of Completion and
authorized the Finance Director to close the project
accounts upon payment of all final costs and claims.
14. AB #9895 - APPROVAL OF CONSULTANT AGREEMENT FOR
PROVISION OF ENGINEERING PLANCHECK SERVICES. ~ ~ ~~ ~-
Council adopted RESOLUTION NO. 89-71, approving
consultant agreements for planchecking services
with Mario lngrasi and John A. Leathers, Jr.
15. AB #9896 - NOTICE OF COMPLETION FOR RESURFACING OF
COURTS AT VALLEY JUNIOR HIGH SCHOOL AND LA COSTA
CANYON PARK - PROJECT NO. 37032. ~~ 1
Council adopted RESOLUTION NO. 89-72, accepting the
resurfacing and restriping of tennis/basketball
courts at the Valley Junior High School and La
Costa Canyon Park Project No., 37032 as completed,
and directed the City Clerk to record the Notice of
Completion, and authorized the Finance Director to
close the project account upon payment of all final
costs and claims.
16. AB #9897 - JOINT USE AND RECREATION AGREEMENT
BETWEEN THE CARLSBAD UNIFIED SCHOOL DISTRICT AND
THE CITY OF CARLSBAD.
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Council adopted RESOLUTION NO. 89-73, approving an
agreement between the City of Carlsbad and the
Carlsbad Unified School District for joint use
and community recreation utilizing school district
facilities.
17. AB #9898 - REQUEST FOR APPROVAL OF OUT-OF-STATE
TRAVEL.
Council au+horized Council Member Mamaux, one
additional Council Member, and up to two staff
members to attend the National League of Cities
Congressional Cities Conference in Washington, D.C.,
Sunday, March 12, 1989 - Tuesday, March 14, 1989.
Council authorized Mayor Pro Tern Kulchin, one
additional Council Member, and up to two staff
members to represent the City of Carlsbad in
Washington on offshore drilling and other matters
related to City of Carlsbad business on April 5 and
Apri I 6, 1989.
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PUBLIC COMMENT:
There were no requests to address Council.
PUBLIC HEARING:
18. AB #9899 - SCENIC CORRIDOR STUDY.
Mike Holzmiller, Planning Director, gave the initial
staff report as contained in the Agenda Bi I I . He then
introduced John Tully of CYP, Inc., who gave an
overview of the study and the recommendations.
Mayor Lewis opened the Public Hearing at 6:29 p.m., and
issued the invitation to speak. Since no one wished to
speak on this matter, the Public Hearing was closed.
Council adopted the Negative Declaration issued by the Lew is X
Planning Director and approved the Scenic Corridor Kulchin xx
Study and directed staff to incorporate the Scenic Pett i ne X
Corridor Study into the updated Scenic Highways Element Mamaux
X Larson of the General P Ian.
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DEPARTMENTAL AND CITY MANAGER REPORTS:
19. AB #9900 - AMENDMENT OF CARLSBAD MUNICIPAL CODE
REGARDING ASSESSMENT OF FALSE ALARM PENALTY FEES.
Police Chief Vales gave the staff report as contained
in the Agenda Bi 1 1.
Council introduced the following Ordinance: Lew is X
Kulchin xx
ORDINANCE NO. NS-53, AMENDING TITLE 8, CHAPTER 8.50 OF
THE CARLSBAD MUNICIPAL CODE TO SET FEES FOR FALSE
X Pett i ne
X Larson ALARMS.
X Mamaux
20. Number not used.
21. AB #9902 - MACARIO CANYON PARK PLAN REVISION.
Parks and Recreation Director Dave Bradstreet
introduced this item and introduced Mark Steyaert, who
continued the report, using wall charts and
transparencies to illustrate the exhibits contained in
the Agenda Bill.
Counci I Member Mamaux commented that he did not want to
see the conference center dropped from the park plan,
as he felt it was very important, and Council Member
Kulchin concurred.
W. R. Beverly, 4605 La Portalada, addressed Council
stating he was a tennis player, and recommended the
following changes under Item D of Goal #1 and addition
to Exhibits 5 and 6:
D. TENNIS COMPLEX
There has been interest shown through local tennis
players in seeking a location for a complex of tennis
courts, including a clubhouse and stadium court.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Jim Smith, 6725 Russelia Court, stated his concern that
an executive course was not considered for Macario
Park. He concurred with the site selection of a large
course, but felt consideration should be given to an
executive course in Macario.
Mr. Smith recommended that before Council accepted this
plan, a study be done to find out whether a 50-acre
executive-type golf course could fit into this park and
not take away from the other amenities. He further
suggested that Hub Park be used for ballfields, and that
all studies should be done before the county property is
accepted for the golf course.
Council directed staff to finalize the Macario Canyon Lew i s X
Park Master Plan Revision, incorporating Mr. Beverly's Kulchin X
comments and to initiate environmental review prior to Pett i ne X
the actual development phase of the project. Marnaux xx
Larson X
RECESS:
Mayor Lewis declared a Recess at 7:09 p.m., and Council
re-convened at 7:20 p.m., with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
(85) 22. AB #9903 - GOLF COURSE SITE STUDY REVIEW.
Dave Bradstreet, Parks and Recreation Director, gave
the staff report as contained in the Agenda Bill, using
transparencies and wall charts to illustrate the
exhibits contained in the report.
Frank Mannen responded to Council query that the Costa
Real Board agreed with the proposal. He also noted
that any proceeds received from the sale or lease of
the Calavera property would go into a capital
development fund jointly administered for the benefit
of the water rate payers.
Jack Schurnaker, 7217 San Miguel, President of the
Carlsbad Golf Association, stated the Parks and
Recreation Commission recommendations may be the best
alternatives, but he suggested that the action was
premature. First, there was a lack of input into the
decision-making process. He felt the golfers should
have been involved in the site selection. Second, he
did not believe all necessary information was obtained
regarding the possibility of a short course in Macario
Canyon.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mr. Schumaker suggested no action be taken on the site
selection until all of the facts are in and all of the
interested parties have had an opportunity for input
into the process. He reiterated that he felt all
amenities could be placed in Macario Canyon as well as
a short executive golf course.
John M. Baum, 3749 Sky Haven Lane, Oeanside, stated he
lives near the proposed 13th hole on the Calavera Hills
site. He said he supported +he golf course, but did not
feel it had been properly studied. He suggested
further studies be conducted of the area concerning
alternative park and open space uses.
Council selected the Lake Calavera parcel for a Lewis X
regulation-size golf course and the County parcel for a Kulchin X
small or executive-size golf course; and directed Pett i ne X
staff to prepare a feasibility study for design, Mamaux xx
construction and operation of a regular-size golf course Larson X
and that a golf course consultant be hired to assist
staff in evaluating the best strategies in a golf
course development program.
23. AB #9904 - RECREATIONAL FACILITY FINANCING
COMMITTEE FINAL REPORT AND RECOMMENDATIONS.
Dave Bradstreet gave the initial report and introduced
Jerry Rombotis, Chairman of the Recreational Facility
Financing Committee, who continued the report, giving
a synopsis of the committee Findings and
Recommendations.
Tony Howard-Jones, 2748 Waterbury Way, representing Best
Western Beach Terrace Inn/Beach View Lodge, stated there
had been alternative funding recommended and he did not
see anything where that was dicussed by the Committee.
He said the City felt it had a mandate to build a golf
course and tennis complex, but he felt this should be
put to the community for a bond issue, rather than
burden the tourist industry.
Mr. Howard-Jones said the competition is heavy for the
tourist dollar and this increased tax would be
detrimental to the motel industry. He also felt it was
premature to put this on the June ballot.
Lisa Seamans, 770 Camellia, representing the
Hospltality Industry, stated she felt the committee's
jurisdiction was limited as they were only able to
address two things--identify the need and the funding,
without time to address the entire package.
Ms. Seamans stated this was a special tax In a sense
and would be an over-burden to the tourist industry at
this time.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Peder Norby, 2630 Valewood Avenue, a Member of the
Housing and Redevelopment Advisory Committee and the
Chamber of Commerce, spoke representing himself,
in opposition to the T.O.T. increase, saying this was a
special tax and not a general tax. He felt the City
could raise the money some other way without burdening
the tourist industry further.
Scott Little, 5411 Avenida Encinas, President of the
Carlsbad Chamber of Commerce, stated he had no comments
on the T.O.T. increase, as that needed to go through
the regular committee structure. He did feel this
cou 1 d go on the November ba 1 I ot.
Mr. Little said there was concern that such an increase
in the T.O.T. would put Carlsbad in the "big leagues"
in terms of bed tax. He felt the C.C.V.B. could be a
valuable asset in promoting Carslbad and stated he hoped
they would have Council's continued support and added
funds for that work. He also asked for assurance that
the T.O.T. would not be increased further for a minimum
of two years.
Hope Wrisley, 2080 Basswood Avenue, Co-Chair of Village
Merchants Association, spoke in opposition to the
proposal to increase the T.O.T., saying the facilities
that would be built would be used by the tourists, and
soon the public would forget the tourists were paying
for it and become unhappy that the tourists were using
their facilities. She did not feel it was fair to ask
one segment to pay for facilities that would affect
another complete segment.
Mr. Rombotis stated that alternative methods of funding
were looked at by the Committee, but it was felt that
there was a need to create an income stream to enable
the City to sell G.0- bonds, and without an income
stream they could never sell the bonds.
Council accepted the report and agreed to the Committee
recommendations, and recommended that the Committee
continue as a technical advisory committee until August.
(48) 24. AB #9881 - SPECIAL MUNICIPAL ELECTION - JUNE 6,
1989. -
Assistant City Manager Frank Mannen gave the staff
report on this item.
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xx Mamaux
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Paul Graham, 2015 Costa Del Mar Road, representing La
Costa Hotel and Spa, spoke in opposition to the T.O.T.
increase, stating he concurred with what the other
speakers in opposition had said. Mr. Graham said he
had appeared before Council several times speaking
about the impact increases in the T.O.T. have on La
Costa, adding that a 200-room corporation group staying
five days cou I d expect to pay between $18,000 and
$20,000 in hotel taxes.
Council adopted the following Resolutions and Lew i s X
introduced the following Ordinance: (one motion) Kulchin X
Pett i ne X
RESOLUTION NO. 89-57, CALLING, ORDERING, PROVIDING FOR Mamaux xx
AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL Larson X
ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 6TH
DAY OF JUNE, 1989, FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO
1 NCREAS I NG THE TRANS I ENT OCCUPANCY TAX RATE FROM 8% TO
1019, AND A MEASURE AUTHORIZING THE EXPENDITURE OF FUNDS
FOR A GOLF COURSE AND OTHER RECREATIONAL FACILITIES.
RESOLUTION NO. 89-58, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A
SPECIAL MUNICIPAL ELECT1 ON TO BE HELD IN THE CITY OF
CARLSBAD ON TUESDAY, THE 6TH DAY OF JUNE, 1989, WITH ANY
OTHER ELECTIONS TO BE HELD ON THAT DATE PURSUANT TO
SECTION 23302 OF THE ELECTIONS CODE.
RESOLUTION NO. 89-59, AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING CITY
MEASURES.
RESOLUTION NO. 89-60, TRANSFERRING FUNDS FOR THE
SPECIAL ELECTION TO BE HELD IN JUNE, 1989.
ORDINANCE NO. NS-52, AMENDING TITLE 3, CHAPTER 3.12 OF
THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 3.12.030 TO INCREASE THE TRANSIENT OCCUPANCY
TAX RATE FROM 8% TO 10%.
Council directed the City Attorney's Office to review
possibilities of restricting future increases in T.O.T.
for a period of time.
25. AB #9905 - CAMPAIGN REPORTING.
Council Member Mamaux gave the report on this item as
contained in the Agenda Bill. 1
Council directed staff to return with documents which Lewis X
X Kulchin would require every candidate for a local office to ~
X Larson contribution.
xx Mamaux of twenty-five dollars ($25.00) as a campaign
X Pett i ne f i I e cop ies of each and every check received in excess I I i
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COUNCIL REPORTS:
Mayor Lewis left the meeting at 8:58 p.m.
Council Members reported on recent meetings and
activities of the Committees and Sub-Committees of
wh ich they are Members.
ADJOURNMENT:
By proper motion, the Meeting of March 7, 1989, was
adjourned at 9:37 p.m.
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Respectfully submitted, I
QQLth- 8. RF
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Mi nutes C 1 erk I
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