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Home My WebLink About1989-11-14; City Council; Minutes- ~ ~ 0 0 MINUTES Meet I ng of : CI TY COUNC I L (Regu l ar Meet i ng 1 Date of Meet1 ng: November 14, 1989 Time of Meeting: 6:OO p.m. Place of Meet'ing: Clty Councf 1 Chambers CALL TO ORDER: Mayor Pro Tem Ku 1 ch'i n ca 1 led the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Lewis, KulchTn, Pettlne, Mamaux and Larson. PRESENTATIONS: Mayor Pro Tern Kufchln read a Proclamation desfgnatlng the weeks from November 21, 1989, through January 1, 1990, as PROJECT RED RIBBON SEASON. The Proclamatlon was accepted by Police ChIef Vafes. Mayor Pro Tem Kulchl'n read a Procfamat4on des4gnatlng the second week of November, 1989, as YOUTH APPRECI AT1 ON WEEK In the City of Carfsbad. The Proclamatlon was accepted by Bruce Ouel let, PresJdent of the Carlsbad OptfmPst Club. CONSENT CALENDAR: CouncFl affirmed the acti'on of the Consent Calendar, as follows: WAIVER OF 0RD.INANCE TEXT READING: Counci l waFved the read t ng of the text of all Ordinances and Resolutfons at thTs Meettng. (95) I AB #10,360 - 1988-89 CURBS, GUTTERS AND SIDEWALK (45) REPLACEMENT PROGRAM - CONTRACT NO. U/M-28. Council adopted RESOLUTION NO. 89-400, acceptlng the bfds and award ing a contract In the amount of $61,963.20, to J.H.P. ConstructFon of Oceanside, Caltfornla, for the replacement of curbs, gutters and s?dewalks iin vari'ous locat'fons In the City. (81) 2. AB #10,361 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 89-401, accepting a $1,500 donatFon from the F'ieldstone Company in support of Youth Recreatlon Programs. (84) 3. AB #10,362 - PURCHASE OF REPLACEMENT FIRE DEPARTMENT PUMPER TRUCK. Counc'il adopted RESOLUTION NO. 89-402, approvPng the purchase of a replacement Flre Department pumper truck from Beck Ffre Apparatus in the amount of $167,494.59. (99) 4. AB #10,363 - ACCEPTANCE OF A COVENANT FOR EASEMENT - CONSTANTINO MEDINA, JR. - MS 766. CouncPl accepted a Covenant for Easement from Constantino Medfna, Jr., for private dra'inage purposes located at Cynth:ia Lane and Know les Avenue. 295- c S% MEMBERS COUNCIL \\\\\ % % %% %% % % Lew i s X Larson X Mamaux X PettP ne xx Kulchin X Kulchin X ~ 0 e MINUTES November 14, 1989 Page 2 ((81) (99) (85) (45) (74) (37) CONSENT CALENDAR: (Continued) 5. AB #10,364 - ACCEPTANCE OF GRANT DEED FOR STREET PURPOSES. Council adopted RESOLUTION NO. 89-404, accepting a Grant Deed from Brian J. and Murial J. Watts conveying an easement for street purposes on Highland Drive. 6. AB #10,365 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - OLYMPIA DRIVE CLOSURE - PD 293. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public street improvements constructed at the Olympia Drive cul-de-sac. 7. AB 510,366 - AGREEMENTS FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT - CARLSBAD PROMENADE - EIR 89-2. Council adopted RESOLUTION NO. 89-405, approving an agreement between the City of Carlsbad and Recon for the preparation of an environmental impact report for the review of the Carlsbad Promenade project; and adopted RESOLUTION NO. 89-406, approving an agreement between the City of Carlsbad and Carlcannon Associates €or the preparation of an environmental impact report for the review of the Carlsbad Promenade - EIR 89-2. PUBLIC COMMENT: There were no requests to address Council. ORDINANCE FOR INTRODUCTION: 8. AB #10,367 - ADDITION OF DEPUTY CITY ATTORNEY AND SECRETARY I TO THE OFFICE OF THE CITY ATTORNEY. Council adopted the following Resolution and introduced the following Ordinance: (one motion) RESOLUTION NO. 89-407, APPROVING A CLASSIFICATION AND FUND TRANSFER, AND AMENDING THE MANAGEMENT SALARY SCHEDULE, COUNCIL POLICY NO. 36 AND MANAGEMENT COMPENSATION PLAN TO PROVIDE FOR A DEPUTY CITY ATTORNEY AND SECRETARY I IN THE OFFICE OF THE CITY ATTORNEY. ORDINANCE NO. NS-93, AMENDING TITLE 2, CHAPTER 2.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 2.44.030 AND 2.44.050 TO ADD A DEPUTY CITY ATTORNEY AS AN UNCLASSIFIED EMPLOYEE. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB #10,368 - CITY COUNCIL GOALS AND OBJECTIVES THIRD OUARTER UPDATE. Jim Hagaman, Research/Analysis Director, gave the staff report and Council received and filed the Update. I :2 9 &I I S% MEMBERS COUNCIL \\ %P /o + +*%%+ 6 )r + (s Lewis X Mamaux X Pettine xx Kulchin X X Larson 0 0 MINUTES (77) November 14, 1989 Page 3 I 'DEPARTMENTAL AND CITY MANAGER REPORTS: (ContFnued) 10. AB #10,369 - GROWTH MANAGEMENT FINANCING. Phfl Carter, Asslstant to the Clty Manager, gave the tnft'ral staff report, uslng sIldes to show how the program was formulated. Jim ElfTott, FBnance Dlrector, explafned the ftnanclal program, and Lloyd Hubbs, CBty EngTneer, was present to answer any questions, together w )th Mr. Carter and Mr. E 1 I lott. Mr. Carter explained the program as contaI'ned Pn the Agenda Bf I I, askfng for a change In word'rng on Page 3, Counc'll Policy Statement, Polilcy for Use of the Mello- Roos CommunJty FaclItt.Tes Act of 1982, Item 9 c, to read: GSve prospective purchaser an optton to have the tax d,ischarged prior to close of escrow or to assume the tax by a pass through as a part of the sales prfce or by a reapportionment of the tax. Mr. Carter stated staff had met w.fth the School DTstrBcts, and the Enctnitas Unlon School D'istrl.ct was the only one not Interested Fn partlcfpatfng. He later stated that the School DCstrbcts coutd do what they wished as far as pass through of the tax, as the Cfty has no control over that. In answer to Councllf query, Mr. Ellvott explatned that there are 300 mPllion dollars worth of cap'ltal Fmprovements to be bu I 1 t tn Car lsbad between now and buf'ldout, wlth 200 m.l I I ton to be paPd for from the fee programs In place. However, Growth Management standards must be maintaFned, with no exceptlons, exempt'lons and no loopholes. There IFs no recmmendatlon for a change tn the fee programs, so the developers and other TndfvPduals must guarantee the i'mprovements can be put fn place. I Mr. E 1 I iott summar lzed , stat.{ ng the CPty was try t ng to coord i nate an approach to pay for the cap'rta I trnprovements, usfng several d'ffferent methods. The plan 7s to restrlct the use of pub!ic ftnancqng for CFty-wlde facP 1 ities, schoofs and street hprovements, whPch benefit all the citizens of the City. Staff was concerned about restrlctfng resfdentiaf pass through of Mel lo Roos tax and wanted to af low pass through for the non-resTdentPal portion of the Mello Roos tax. They want to establ.?sh reasonable vacant land taxes and to ensure that future Clty Counctls and Tndivfduals who wil I move -into the C,ity have options and the tnformatJon d 1 sc losed to them tn a way that can be east l y understood. There are to be no exempt8ons and no development agreements. The tax burden 'Is to be reasonab 1 e and not put an undue hardsh Fp on homeowners that may ultimately cane lnto Carlsbad. Acid I COUNCIL I\\ %PA H Ad 8 MEMBERS % %% A @ e 0 MINUTES November 14, 1989 Page 4 COUNCIL \ MEMBERS . 'DEPARTMENTAL AND CITY MANAGER REPORTS: (ContFnued) Mr. Carter stated that the earltest the dlstrlct could be formed would be July, 1990, and the latest, January 1991. Council Member Larson questFoned how a property qual FfQed for zero tax, and staff BndFcated this was f and zoned agrPcu I ture or as def lned 'I'n the Local Coastal Pian. Mr. Carter said that there are portions of land stil I fn Llmbted Control zon'lng fn Zones 14, 15 17, 19, 20, 21 and 24. Mr. Larson sajd that perhaps there should be the ab? lity to pet'ition durf'ng the process. Mr. Carter sa:id that the famfly farms that ex'ist were the ones staff wanted to Snclude fn the agrfculture zonlng, and added that Counci'i would set the rate annually for the non-resfdentfal property and agrfculture. MQke Ryan, 2382 Faraday #300, representjng LePsure Tech, stated they were supportfve of the program as outlined by staff, wfth one exceptPon--Rancho Santa Fe Road. He sald that ftems to be 'r'ncluded had to qualilfy Fn two categorfes; major facllity, general i'n nature to the Cfty, and major fact! !ties too large to be funded by any one developer and requfrlng publlc debt. Ranch Santa Fe Road qualifaes under both of these categories. He felt thCs was a very cr.l-tical road to the CPty and should be Tncluded #n the C'ity-w'fde Me1 lo ROOS, and he asked Councf I to dl'rect staff to include thFs road. Doug AvQs, 6670 El Camlno Real , representijng The Ffeldstone Company, spoke fn support of the program. Mr. AvTs saTd there were two areas of concern; f;lrst, the tlmlxng of the City-w%de Me1 lo-Roos In relatfon to the u ltf.mate processing and approva I of the zone plans. He fe!t the schedule to process the City-wide DPstrfct should be quTcker and coordinate wPth the Rancho Santa Fe Road ffnanci'ng. He asked for thefr zone plan to be processed concurrenty wlth the C?ty-wide Mello-Roos, and concluded, sayfng they want to butld Rancho Santa Fe Road as soon as posstb le. I Mr. AvFs saFd the second concern was the ti:mCng of the guarantee of Rancho Santa Fe Road, and he suggested a covenant recorded agatnst the? r property and waQve protest rfghts at a future pofnt. Th:is would guarantee the Cfty would have the r'lght to bu'fld the road and set economtc boundarles. I John Barone, The Ffeldstone Company, 5465 Morehouse Drjve, San Diego, spoke regardfng development agreements, and asked Councf I to keep an open mind on thqs topic and not preclude them from future d IscussTons. ~ 29 & I f %$ j% 9 1 ;$ 0 0 - November 14, 1989 MINUTES Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewfs stated that 1 t was Counc i 1 's stand not to accept developer agreements and staff had been advIsed of that. Douglas Ford, 11321 Palomar Oaks Way, representing Zone 5 l andowners, referred to a letter submitted to the Cfty Clerk pr'ior to thls meeting, in support of the Me I l o-Roos, and ask i ng he I p In two areas. One area was the way in wh'ich the special tax structure applies to non-restdentfa! property and the lowering of the tax rate on vacant 1 and. He sa id the taxes and f i nancing costs i;n Zone 5 were borne by busfnesses of all types, and 'it was not an issue of how much Fn tota 1, but how It was d iv ilded . He sa id that the vacant parce I s in that zone will remain vacant for maybe two decades, and the burden needs to be tailored to that period of time. Mr. Ford said the second area was the lncl us Bon of the park requirement, whfch Is the obi tgatfon of Zone 5, into the f'inanclng of the parks facf I ft,fes. Anne Mauch, 3425 Ridgecrest Drive, expressed concern about the major change In the way publlc facllfties will be ftnanced In the City wlthout widespread consu ItatDon and pub l Bc d Iscuss.l'on. She sa'i'd the meetyngs held for owners of undeveloped property should have i'ncluded al 1 the cftfzens, as this would have a d i rect impact on the pace of growth 1 n the C.i ty. Mrs. Mauch safd th%s undermlnes the role the Growth Management P Ian plays In Car lsbad and wi I l become an accelerator for development. She asked Counctl to delay a decfsion on the start of thls program untfl pub! i'c workshops can be provlded to explaln the program. Fred Morey, 7690 El Camino Real, Suite 209, representfng M.A.G. PropertPes, spoke wPth regard to Rancho Santa Fe Road, stating this road went from a major to a pr'ime arterial because of the people from San Marcos and Enclnltas using that road. He felt staff should revfew this road wfth the reallzatFon that Ft is a pri'me arterial and make it an over-al 1 Cfty ob I tgation. John Fulbrbght, 3730 Via Las Villes, representj'ng Kaufman & Broad, suggested that if a f f nanci ng p l an was consented to by a vacant landowner, they would have the right to plan and develop Tn the future wlth the rules and regu 1 atfons .in effect at the t'rme of the passage of the communfty facflltles distrlct. Councf 1 adopted a revised City Counci I Policy 38 for use of Mello-Roos Communlty FacSlitles Act of 1982; and directed staff to return wlth the approprfate documents to form the first Communi'ty Facll'ttBes Dlstrict. J? / " *% MEMBERS COUNCIL \\\\\ ?&9$%%+ + 8 Z. 8 Lew i s X Larson xx Mamaux X Pettf ne X Kulchln X e e MINUTES November 14, 1989 Page 6 RECESS: Mayor Lewts declared a Recess at 8:18 p.m., and Counc31 re-convened at 8:28 p.m., writh af I Members present. I DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ( c.70 ) 1 1 . AB #10,370 - NORTHWEST QUADRANT C IT1 ZENS' GROUP REPORT. Mar.Po Monroy, on behalf of the Northwest Quadrant CltFzens' Group, reported that the School Dfstrlcts are an llndependent agency and Carlsbad has four d "Iferent School DFstrlcts. He sajd the CTt'izens' Group wl'shed to present reasons why the City should change its present pol?cy of countFng schoolgrounds to meet CF,ty Park Standards. Mi,gnon Bowen, Dave Copley and Don Jackson, Members of the Group, gave the report as contalned In the Agenda Bll I 1. Mr. Monroy stated that the Group was not recommend Png that the agreements between the City and the School Dlstrlcts be stopped. They felt the schoolgrounds should not be counted 100 percent toward park standards, and the C,ity should cont'fnue to fncrease ?ts fnventory of park 1 and over and above what bs requ$red. 170) 12. AB #10,371 - PARK SITE AND FAC.ILITY PLANNING SUBCOMMITTEE FINAL REPORT - NORTHWEST QUADRANNT PARKKK ISSUES. DavPd Bradstreet, Parks and Recreatison Dlrector, gave the staff report as contajned fn the Agenda BTfl. He Introduced the Park Slte and Facilfty Planning Subcommittee of the Parks and Recreatfon Comm'issBon, Comrnissfoners Dahlqul'st, Lawson and Welshons, who reTterated the ST'X Issues ITsted ?in the Agenda Bf 11. CouncB f accepted the Final Report of the Park Sfte and Facllsty Planning SubCornmlttee, reaffTrmfng thefr pollcy to contlnue countfng school gounds and leased lands as parks; and CouncPl dtrected staff, worklng wTth the SubCornmtttee and the Parks and Recreatlon CommPssfon, to develop a plan to enhance park fac'Plitles fn the Northwest Quadrant, taklng Pnto conslderatfon the fnformatSon provfded by the Northwest Quadrant CPtDzens Group. I 37) 13. AB #10,372 - FUTTSU SISTER CITY REQUEST. This Ctem was contlnued for one week. t 102) 14. AB #10,373 - SPEED LIMIT UPON CALLE BARCELONA. Th:)s :item was contl nued for one week. 99c - - S% MEMBERS COUNCIL \\ 3 % 9C' %% % $ Lewfs Kulchin X X Larson xx Mamau x X Pett 1 ne X .I e e MINUTES Novemmber 1 4, 1 989 Page 7 ( ( ( ( ( DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 22) 15. AB #10,374 - PRESENTATION ON PART 150 NOISE STUDY - MCCLELLAN-PALOMAR AIRPORT. AI Newman, Asslstant Deputy Dfrector, Publlc Works, County of San Dfego, presented an overvTew of the ongo,fng Nofse Study. Mr. Newman safd there are many benefTts to particfpattng Pn thls study, as the FAA prescri,bes thls study, rev.i.ews the results, approves the procedures, and then Fmplements the program. Mr. Newman stated that maxhnum fnput was needed from the CSty of Carlsbad and ai 1 of the affected community. Mr. Newman concluded the report, statlng that Tt wFll take nfne months to complete the program. He requested the cftizens fQie noFse complaints Fn order to help get a hand le on the problems caused by the ai'rport. 22) 16. AB #10,375 - REQUEST TO DISCUSS FINING PROCEDURES FOR VIOLATION OF NOISE STANDARDS AT MCCLELLAN- PALOMAR AIRPORT. 22) 16. AB #10,375 - REQUEST TO DISCUSS FINING PROCEDURES FOR V IOLATION OF NO1 SE STANDARDS AT , IVV."L-LI~,. PALOMAR AIRPORT. ThFs Item was contlnued for one week. 28) 17. AB #10,357 - APPOINTMENT OF ONE MEMBER AND ONE ALTERNATE TO THE CULTURAL FACILITIES COMMITTEE. ThPs Ttem was cont?nued for one week. 40) 18. AB #10,358 - APPOINTMENT TO CARLSBAD BUILDlNG AUTHORITY. . . . . . . . ThTs ltem was contfnued for one week. 181) 19. AB #10,352 - CONTINUED DISCUSSION REGARDING PROPOSED ACQUISITION OF YMCA PROPERTY. Th'ls Ttem was contlnued for one week. COUNCIL REPORTS: Thfs Ftem was contfnued for one week. ADJOURNMENT: By proper moti'on, the Meetbng of November 14, 1989, was adjourned at 1O:ZO p.m., to Wednesday, November 15, 1989, 2:30 p.m., the CTty Attorney's Lfbrary, I.n the event a quorum of Counci! Members Is 'rn attendance at a meeting wlth a representatvve of CalTrans. Respectf u 1 ly submitted , 3 */e- ALETHA L. RAUTENKRANZ Ctty Cierk Harrlett Babbftt MI nutes C l erk I aa7 -.- *% MEMBERS COUNCIL \\ % % %' %% % $