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HomeMy WebLinkAbout1989-05-09; City Council; Minutes# 1 > 0 e + MINUTES Meet i ng of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 9, 1 989 Time of Meeting: 6:OO p.m. I\\\ Place of Meeting: City Counci I Chambers COUNCIL % %$ % MEMBERS % %% % CALL TO ORDER: Mayor Lewis ca I led the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk as follows: Present: Counci I Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent: None. PRESENTAT IONS : Mayor Lewis read a Proclamation proclaiming the week of May 7 - 13, 1989, as JUST SAY NO WEEK. The Prociamation was accepted by Tim Donovan, North Coastal Coordinator for San Diego Just Say No, I nc. Mayor Lewis read a Proclamation proclaiming the week of May 14 - 20, 1989, as POL ICE WEEK and May 16, 1989, as PEACE OFFICERS' MEMORIAL DAY. The Proclamation was accepted by Pol ice Captain Gene Kel logg. Mayor Lewis read a Proclamation proclaiming the month of May, 1 989, as GOOD POSTURE MONTH, and the week of May 1 5 - 21 , 1 989, as CHI ROPRACT I C WELLNESS WEEK. The Proclamation was accepted by Dr. Anthony Pub I ico. CONSENT CALENDAR: Mayor Lewis announced that I tems #1 and #3 were removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, Lew i s X with the exception of ttems #l and #3, as fol lows: Kulchin xx Pett i ne X Marnau x X Larson X WAIVER OF ORDlNANCE TEXT READING: Counci 1 waived the reading of the text of al I Ordinances and Resolutions at this Meeting. (81) 1. AB #10,010 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. (99) 2. AB #10,011 - ACCEPTANCE OF GRANT DEED FOR UTILITY AND ACCESS PURPOSES - PACIFIC CENTER ASSOCIATES - PD 246. Council adopted RESOLUTION NO. 89-135, accepting a Grant Deed and Subordination Agreement from Pacific Center Associates for an easement for general utility and access purposes near the southeast corner of the intersection of Palomar Airport Road and Aveni da Enci nas. (96) 3. AB #10,012 - DESIGN OF TRAFFIC SIGNAL AND STREET (64) LIGHT IMPROVEMENTS ON CARLSBAD BOULEVARD. This item was withdrawn from the Agenda. 12 0 a MINUTES (74) (81) (74) (102) (79) May 9, 1989 Page 2 COUNCIL \\k % JY /o $@%? J MEMBERS 5 @ Z. CONSENT CALENDAR: (Continued) 4. AB #10,013 - AMENDING CLASSIFICATION PLAN AND SALARY PLAN FOR POLICE SERVICES AIDE. Council adopted RESOLUTION NO. 89-138, amending the classification plan and salary schedule of the City to revise the classification of Police Services Aide. I Ill ITEM REMOVED FROM THE CONSENT CALENDAR: 1. AB #10,010 - ACCEPTANCE OF DONATION. Mayor Lewis presented a Certificate of Appreciation to the Farmers Insurance Group of Companies for the 2,000 Combat Auto Theft (C.A.T.) decals and waivers. The Certificate was accepted by Carl Wilson, who thanked the City for its interest in this program. Council adopted the following Resolution: RESOLUTION NO. 89-134, ACCEPTING A DONATION OF COMBAT AUTO THEFT DECALS AND WA I VERS. PUBLIC COMMENT: I Lewis Kulchin Pett i ne Mamaux Larson X X X X X X There were no requests to address the Council. Ill ORDINANCES FOR ADOPTION: 5. AB #9988 - AMENDMENT TO PERS CONTRACT - FIRE SAFETY EMPLOYEES. Council adopted the following Ordinance: ORDINANCE NO. NS-66, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. 6. AB #10,006 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF PALOMAR AIRPORT ROAD. Council adopted the following Ordinance: ORDINANCE NO. NS-67, AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.330 TO ESTABLl SH THE SPEED LIMIT UPON PALOMAR AIRPORT ROAD FROM EL CAMINO REAL TO THE EASTERLY CITY LIMIT. Lewis Kulchin Pett i ne Mamaux Larson Lewis Kulchin Pett i ne Mamaux 1 Larson I PUBLIC HEARING: I 7. AB #10,014 - ADOPTION OF REVISED FEES FOR CITY SERV ICES. I X X X X X X X X X X X X Jim Elliott, Finance Director, gave the staff report as contained in the Agenda Bill. He said he had met with the Parks and Recreation Commission on April 17, 1989, and had explained the fees for aquatics and the Agua Hedionda fees. They expressed concern that the Council understand how important the youth sports activities are to the City, and that the City's goal of offsetting the cost of operation should not override interest in sponsoring those activities. 12 ? A @ 0 e d MINUTES May 9, 1989 Page 3 /\I\ COUNCIL %.PA "0 $*%%e MEMBERS 2. @ .2. @ ' PUBL I C HEAR I NG: (Cont i nued 1 Mayor Lewis opened the Public Hearing at 6:16 p.m., and issued the invitation to speak. Jeff Pease, 7821 Estancia Street, spoke on the issue of the fee proposed for the North Coast Aquatics, stating he has been involved as a coach for the last 14 years, and has coached the Masters Program the last seven or eight years. He referred to a handout given to Council Members prlor to the meeti ng, setting out 13 points concerning their program and the ramifications of a fee increase for their program. He explained the programs and the money brought into the C ity through those programs. A fee of $2.50 per hour wi I1 be the highest charged any swim team in San Diego County, and cou Id not be passed on to the membership, Mr. Pease asked Council to subsidize this program and keep the fees where they are at the present time. Wayne Rice, Athletic Director, Carlsbad High School, stated that costs are always a factor when a program is offered at the high school. He said the increase in cost wou Id direct I y affect the high schoo I program and he requested Council subsidize the programs for the high school and the NCA. Jim AI len, 7302 Azelea Place, spoke as an interested parent, with ch i 1 dren in the high schoo I sw im program and the NCA. He said there would be some children in those programs who wou Id not be ab le to afford a fee i ncrease. Mr. Ai len asked Counci I to keep the fees where they are now. Thomas Frey, 1840 Eastpoi nt Avenue, stated the chi I dren were using the "fringe times" at the sw immi ng pool and paying prime time fees. Diana Silva, 2150 Janis Way, stated she had served on the Swim Pool Study Commi ttee, and that Committee agreed unanimously that an olympic-size pool was necessary and that all ages were to be able to use that pool. She told of the difficulty of keeping part- time coaches and said that an increase of 78 percent couid force the swim teams to mve to another pool site to survive. She asked the City to consider a mre reasonable increase in pool fees. Frank Erickson, Oceanside, said he had been in the Masters Program for twenty years, and boys who cannot p 1 ay the aggressive sports do we I I in sw i mmi ng. He expressed concern for the group swimmers if the fees are increased. Roland Samuelson, 855 Violet Court, representing the Triathletes utilizing the Masters Swim Programs, stated those people would have an option to go elsewhere if the fees were increased, but wou 1 d rather stay here. He said the publicity the City receives from these athletes could result in mre sponsors to subsidize the teams. Id a (70) 0 0 MINUTES May 9, 1989 Page 4 PUBLIC HEARING: (Continued) Everett Hulse, 417 Clementine, Oceanside, stated he had four children in the swim program and a fee increase would jeopardize having all his children participate in the program. Since no one else wished to speak on this matter, the Public Hearing was closed at 6:40 p.m. It was the consensus of Counci I that the swlmming pool operate at 45 percent cost recovery and the other Parks and Recreation programs remain at 60 percent cost recovery. Counci I requested staff to determine appropriate pool fees based at the 45 percent cost recovery policy, but recommended leniency toward the youth. Mr. Elliott said that staff wanted to look at the fee for a parce I map and grading p Ian check fees, and wou I d also return with a different fee schedule in that area. Council introduced the following Ordinances: OR I NANCE NO. NS-68, AMEND I NG VAR I OUS TI TLES OF THE CARLSBAD MUNICIPAL CODE DEALING WITH CITY FEES. ORDINANCE NO. NS-69, AMENDING TITLE 13, CHAPTER 13.12 OF THE CARLSBAD MUNICIPAL CODE BY ME AMENDMENT OF SECTION 13.12.020 TO ADJUST SEWER SERVICE CHARGES. Council directed staff to return with a policy requiring annual review of a1 I City fees as part of the budget process. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #10,015 - STATUS REPORT - BATIQUITOS LAGOON ENHANCEMENT PROJECT. Gary Wayne, P lanni ng Department, gave the staff report as contained in the Agenda 8111. Richard Yoder, 7738 Madrilena Way, stated there was another side to this story which is being developed at this time by a community of concerned and dedicated scientists and managers of other lagoons. They wi I I have Important things to say about the adequacy of the E I R and the des I rab i I i ty of the project. Mr. Yoder urged Counci I Members to not make any decisions or take any action before they had received those comments and caret u I ly cons i dered them. In I Id I - SPd, MEMBERS COUNCIL \\ %?&\ Z. (s, .Z. 8 Lewis X Larson xx Mamaux X Pett i ne X Kulchin X Lew is xx Larson X Mamaux X Pett 1 ne X Kuichin X 0 e MINUTES +% May 9, 1 989 Page 5 MEMBERS COUNCIL \\ % .Z. %%%+. 8 Z. 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) (114) 9. AB #10,016 - RESIDENTIAL CARE FACILITIES IN R-1 ZONES. Mike Holzmi I ler, Planning Director, gave the staff report as contained in the Agenda Bi 1 I, referring to a wal I map showing the location of the residential care faci I ities licensed for a capacity of six persons. He emphasized that staff was not concentrating on numbers, but that was the only control the City had by State Law. Laura Mustari, 1212 Oak Avenue, representing the YMCA OZ North Coast, stated her facility was a non-profit soci a1 service agency only, to serve troubled adolescents in North County. She said she had received a letter from the State Department of Housing giving them a grant to increase the bed capacity from six to e 1 ght. Council denied the request to amend the zone code Lewis X restrictlng residential care facilities in the R-1 zone Kulchin X to six or fewer beds. Pett i ne j Mamaux xx Larson X (28) 10. AB #10,007 - APPOINTMENT TO HISTORIC PRESERVATION COMM I SS 1 ON. Counci I adopted the fol lowing Resolutlon: X Larson X Mamau x GALLEGOS TO THE HISTORIC PRESERVATION COMMISSION. X Pett I ne RESOLUTION NO. 89-1 32, APPO I NTI NG DENN I S RI CHARD X Kulchin xx Lew is (100) 11. AB #10,017 - PROPOSED RESOLUTION REGARDING LIMITING TRANSIENT OCCUPANCY TAX. Counci I Member Mamaux stated that AB 2400, if passed, wou I d then have a I 1 money co1 lected f rom the T .O.T. spent on tourism, making this the last opportunity for the City to use T.O.T. money for City projects. He said he proposed this Resolution, which is advisory and non-binding on future Counci Is, to assure the citizens that this Counci I did not intend to increase the Tax above 10 percent. Mayor Lewis said he could support the ResoiutTon for the perlod of time he would personal ly be in office, but cou Id not support it for fifteen years. Counci 1 Member Pettine stated he cou Id not support the Resolutlon for that long a time. Counci I adopted the fol lowing Resolution: Lewis X Kulchin X RESOLUTION NO. 89-141, LIMITING THE TRANSIENT OCCUPANCY xx Mamau x TAX TO IO PERCENT THROUGH THE NEXT 15-YEAR PER1 OD. X Pettine Larson X i id 0 ., e * MINUTES 1 (6 May 9, 1989 Page 6 COUNCIL /\y % %$ % MEMBERS % $% DEPARTMENTAL AND CITY MANAGER REPORTS: -(Continued) 2) 12. AB #10,018 - SUGGESTED LEGISLATION REGARDING NARCOTIC VIOLATIONS. Council Member Pettine referred to his Memorandum dated April 28, 1989, suggesting new legislation to increase penalties for narcotic violations. J im McCormick, 3718 Bennington Court, School District Representative to ADAPT Task Force, addressed Council asking them to delay any action on this proposal until ADAPT has reviewed it. He felt that after this proposal was made on Friday, the costs reviewed, and the Legislators had been consulted, the matter could be presented to Counci I as an ADAPT recommendation. Mr. McCormick stated ADAPT shou Id be the lead agency. Counci I expressed support of the concept and requested Lewis X Mr. Pett i ne to present the proposa I to ADAPT, including Ku 1 ch in X Council's expression of concerns about possible fiscal Pett i ne xx impacts of the proposa I. Mamaux X Larson X Counci I further requested Mr. Pettine to ask ADAPT to actively support and aid the County in conducting drug tests of probationary people as currently required, but which they are unable to perform due to fiscal restraints. COUNCIL REPORTS: Counci I Members reported on recent meetings and activities of the Committees and Sub-Committees of wh i ch they are Members. ADJOURNMENT: By proper mot ion, the Meeting of May 9, 1989, was adjourned at 9:08 p.m. Respectfu 1 ly submitted, LLlkda. A- Ry ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt M i nutes C I erk I 19 A $