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Home My WebLink About1989-11-21; City Council; MinutesI (77) (37) (74) (74) (70) (45) e e MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: November 21, 1989 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers 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: Present: Council Members Lewis, Kulchin, Pettine and Mamaux. Absent: Council Member Larson. INVOCATION was given by Pastor Jerald Stinson of the Pilgrim Congregational Church. PLEDGE OF ALLEGIANCE was led by Council Member Pettine. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows : WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #10,376 - COUNCIL AND STAFF TRAVEL AUTHORIZATION TO NEW JERSEY FOR NATIONAL AWARD. Council designated Council Member Mamaux and authorized the City Manager to send up to four staff members to travel to Newark, New Jersey, to accept a national award for the Carlsbad Growth Management Plan. 2. AB #10,377 - FLEXIBLE SPENDING ACCOUNTS. Council adopted RESOLUTION NO. 89-408, approving the establishment of a Flexible Spending Account as of January 1, 1990. 3. AB #lo-378 - ADOPTION OF PERS HEALTH PLAN FOR CPOA. Council adopted RESOLUTION NO. 89-409, electing to be subject to Public Employees' Medical and Hospital Care Act for members of the Carlsbad Police Officer's Association; and Council adopted RESOLUTION NO. 89-413, electing to be subject to Section 22821 of the Public Employees' Hospital and Medical Care Act for Members of the Carlsbad Police Officers' Association. 4. AB 810,379 - AGREEMENT FOR ENVIRONMENTAL IMPACT REPORT FOR CALAVERA LAKE GOLF COURSE. Council adopted RESOLUTION NO. 89-814, authorizing the Mayor to enter into an agreement with the consulting firm of P&D Technologies for the preparation of an Environmental Impact Report for the Calavera Lake Golf Course in an amount not to exceed $51,714.00. 303 I %". MEMBERS COUNCIL \\ * % PC$ %% % $ Lewis xx Kulchin X X Mamaux X Pettine 0 0 MINUTES November 21, 1989 Page 2 I PUBLIC COMMENT: There were no requests to address Council at this time. ORDINANCE FOR ADOPTION: (74) 5. AB #10.367 - ADDITION OF DEPUTY CITY ATTORNEY AND SECRETARY I TO THE OFFICE OF THE CITY ATTORNEY. I, Council adopted the following Ordinance: 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. PUBLIC HEARING: (30) 6. AB #10,380 - APPEAL OF NOTICE OF VIOLATION AND ORDER TO REMOVE. I This matter was continued to the meeting of January 2, 1990, with concurrence of the appellant. DEPARTMENTAL AND CITY MANAGER REPORTS: Item #18 was taken out of order at this time. (97) 18. AB #10,386 - STREET STANDARDS FOR ADAMS STREET. Lloyd Hubbs, City Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to show the location. He listed the three Alternatives, as follows: Alternative A: Do nothing to the street. Alternative F: Twenty-eight foot roadway with sidewalk along the Lagoon side of the road and no provisions for bike lanes. Alternative D: Thirty-four foot roadway with sidewalk and bike lanes on both sides of the street. Alternative A was the property owners' recommendation; Alternative F was the Traffic Safety Commission recommendation and Alternative D was the Planning Commission and Staff recommendation. Joe Kennedy, 4368 Adams Street, stated that most of the residents want the street to remain as it is, but would agree to Alternative F, with the sidewalk on one side. Mr. Kennedy said he saw no reason for sidewalks on both sides of the street. Beverly Kennedy, 4368 Adams Street, spoke in favor of leaving the street alone. However, if improvements were necessary, she would support Alternative F. Sharon Johnson, 1125 Cape Aire Lane, stated that if there were curbs and sidewalks and bike lanes, this would not be a rural road. She recommended improvements on the Lagoon side of the road, to avoid taking some residents' front yards. 30& l- S% MEMBERS COUNCIL \$ ?&9$s$ + 6 Z. tf Lewis X Mamaux X Pettine xx Kulchin X I 0 0 _I MINUTES November 21, 1989 Page 3 DEPARTMENTAL AND CITY MANAGER REPORTS Robert Johnson, 1125 Cape Aire Lane, said they have a number of large eucalyptus trees in their front yard which he would like to keep, if possible. If the street is widened to full width, he said he would lose 20 feet of his front yard. Mr Johnson expressed his desire to have the street kept rural. Patrick Alton, 4380 Adams, agreed with the previous speakers, and added that the homeowners in that area would have to pay $200 a month for 20 years, if Council decides to do the full improvements. He felt if those improvements were done for everyone to enjoy the view, then everyone should pay for it. The 50 homeowners that live there should not have to pay for something that they don't even want. Leland Alton, 4380 Adams, said the Planning Commission voted unanimously for staff's recommendation, while the Traffic Safety Commission had a split decision. He said that one Planning Commissioner who voted on this matter had a conflict of interest and should not have voted. Mr. Alton believed the Traffic Safety Commission made a reasonable compromise. He said the bike path that has been designated along the Lagoon should be much safer than one along a winding road such as Adams. Mayor Lewis commented that there is a beautiful view along this street, and he agreed this should remain a somewhat rural environment. He said he favored a curb on both sides to protect the roadway, with the City retaining the 60-foot right-of-way. Mayor Lewis said he supported Alternative F, and asked for a discussion on the bike lanes, as he had a problem with bikes on that street. Council Member Pettine inquired about a bike lane on one side of the road. Mr. Hubbs replied that would not be recommended, since bikes are to travel with the traffic and must have a lane on both sides of the street. Council Member Mamaux suggested there be 39 feet graded, with the 60 foot right-of-way retained, with the bike lanes in the graded area. This would be Alternative D with a sidewalk on one side. He said he still had a problem with the Cove people making part of the payment. He felt it would be difficult to approve something where the residents would have to pay for something from which they derived no benefit. Council Member Kulchin said she supported Alternative D, with a sidewalk on one side, with bicycle lanes on both sides. 30 1 *% COUNCIL % 'pL3 % MEMBERS \$ 0 Z. e% tp Z. e (I 0 e MINUTES November 21, 1989 Page 4 c - DEPARTMENTAL AND CITY MANAGIZR REPORTS: (Continued) Council adopted the following Resolution: RESOLUTION NO. 89-412, GRANTING A STANDARDS VARIANCE FOR ADAMS STREET BETWEEN HARRISON STREET AND PARK DRIVE, reducing the curb to curb width from 40 to 34 feet, with bike lanes on both sides of the street and a sidewalk only on the Lagoon side of the street; with continued requirement for 60 foot dedications on Adams. (79) 7. AB #10,381 - SPECIAL EVENTS PROCESSING FEE. Police Chief Vales gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: ORDINANCE NO. NS-95, AMENDING TITLE 8, CHAPTER 8.17 OF THE CARLSBAD MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMIT FEES. (37 ) 8. AB #lo, 372 - FUTTSU SISTER CITY REQUEST. Council authorized a reimbursement to the Futtsu Sister City Steering Committee of the Special Events Processing fee, less $25.00. ( 70 ) 9. AB #lo, 382 - NATIONAL VOLLEYBALL CENTER PROPOSAL. David Bradstreet, Parks and Recreation Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the conceptual site plan for the Volleyball Center. Mr. Bradstreet said that Mr. Liskevych, Head coach of the U.S.A. Women's National Volleyball Team, had been asked to submit a more detailed plan. Council Members concurred that more information was needed and a more specific plan, with the first priority to be the park program and Carlsbad citizens. Council took no action on this item. (70 ) 10. AB #lo, 383 - CONTRACT FOR GRAFFITI REMOVAL - (45) CONTRACT NO. UM-27. Larry Willey, Assistant Maintenance Director, gave the staff report as contained in the Agenda Bill, showing slides of graffiti on the seawall and a video tape on the process for removal of the graffiti. In answer to Council query regarding the "Graffiti Hotline", Mr. Willey said this is being installed at th I Maintenance Yard. 3CS - i COUNCIL I\/\ % %% % MEMBERS % $% $ Lewis X Kulchin X xx Mamaux X Pett ine Lewis X Kulchin X xx Mamaux X Pettine Lewis X Kulchin X xx Mamaux X Pett ine e 0 MINUTES -c November 21, 1989 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council adopted the following Resolution: RESOLUTION NO. 89-411, FINDING THAT THE ESSENTIAL COMMODITY FOR GRAFFITI REMOVAL AND CONTROL CAN ONLY BE OBTAINED FROM ONE SOURCE AND APPROVING CONTRACT DOCUMENTS, SPECIAL PROVISIONS AND SPECIFICATIONS; ACCEPTING BID AND AWARDING CONTRACT FOR GRAFFITI REMOVAI AND CONTROL, CONTRACT NO. U/M-27. (81) 11. AB #lo-352 - CONTINUED DISCUSSION REGARDING PROPOSED ACQUISITION OF YMCA PROPERTY. Assistant City Manager, Frank Mannen, stated he was present to answer Council questions. 2 Mayor Lewis stated that the question was whether the City wanted this property. If the City allowed development on this property, there would be ten buildable acres €or homes and the remainder would be open space. Ray Patchett, City Manager, recommended Council take a two-step process: first, decide whether or not this is a good piece of property €or which there is a good public purpose; and if that answer is "yes", have the City Attorney outline the procedures to follow. Council Member Mamaux stated that there are other projects competing €or that money, but he felt that the property is needed for an urban campground, as it does provide a service and benefit to the community. Girard Anear, 1728 Calavo Court, stated that parks should be where the people are. There are three mobilehome parks in that area, and they all have their own recreational facilities. He stated that Macario Canyon is close by, and this property is not needed for a park. Mr. Anear said if the City wanted this property for open space, that would be subsidizing the developers. He described the condition of the property and said many of the trees there are diseased. He recommended the City not purchase this property, as it would cost $107,000 an acre, and there is no need €or it. Mayor Lewis said the cost factor was a concern, as there are usually two appraisals on any property. He said he would be willing to consider this as open space, but was reluctant to uses Park-In-Lieu funds or General Fund money. Council Member Kulchin said she did not think this would make a good park facility and she did not favor purchasing it. dq? COUNCIL I\/\ % %% % MEMBERS % %% % Lewis X Mamaux X Pettine xx Kulchin X - 0 e MINUTES November 21, 1989 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council Member Mamaux suggested this matter be referred to the Open Space Committee. Council Member Pettine concurred with referring this to the Open Space Committee. Council Member Mamaux made a motion to buy the YMCA property. The motion died €or lack of a second. Council referred this matter to the Open Space Committee for inclusion in any Open Space G.O. Bond Issue or Land Acquisition Program they might develop. (102) 12. AB #10,373 - SPEED LIMIT UPON CALLE BARCELONA. (72) 13. AB #10,384 - ESTABLISHMENT OF NO PARKING ZONE ON CALLE BARCELONA. Bob Johnson, Traffic Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to show the area for the speed limit. Bob Johnson continued the staff report on the establishment of a no parking zone on Calle Barcelona. Council introduced the following Ordinances: (one motion) ORDINANCE NO. NS-94, AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.340 TO ESTABLISH A 30 MILE PER HOUR PRIMA FACIE SPEED LIMIT UPON CALLE BARCELONA FROM RANCHO SANTA FE ROAD TO VIA SAN CLEMENTE. ORDINANCE NO. NS-96, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.40.0077 TO DECLARE A "NO PARKING" ZONE ON BOTH SIDES OF CALLE BARCELONA FROM RANCHO SANTA FE ROAD TO CALLE SAN FELIPE. (86) 14. AB #10,385 - REQUEST REGARDING CAMPAIGN SIGN ORDINANCE AMENDMENTS. Jim Hagaman, Research Manager, gave the staff report as contained in the Agenda Bill. Council discussed the possibility of banning signs from public rights-of-way and from all public property, and possible impacts on first-time candidates. cz2.9 8 - +% MEMBERS COUNCIL \\ %9$s$ Z. 8 Z. d Lewis xx Mamaux X Pett ine X Kulchin X Lewis X Mamaux X Pett ine xx Kulchin X 0 e November 21, 1989 MINUTES Page 7 I ~~ ~ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis said he would support the two-day written notice and allow signs to remain in the rights-of-way, if they are properly posted. Council Member Kulchin said she would vote "no", as she felt service, not signs, is the way to be elected to office. Council directed staff to return with an ordinance amending Section 21.41.160 of the Municipal Code to change the notice time period from five days to two days. (22) 15. AB #10,375 - REOUEST TO DISCUSS FINING PROCEDURES FOR VIOLATION OF NOISE STANDARDS AT MCCLELLAN- PALOMAR AIRPORT. Council Member Mamaux stated he would like to have Council communicate with the Board of Supervisors to request them to review this matter and send recommendations back to Council as to how they intend to enforce their own rules with regard to fines for noise violations. Mayor Lewis volunteered to send a letter to the Board of Supervisors on this matter, as Council wanted action right now. Council Member Pettine said that the 150 Noise Study would produce guidelines and standards that would be complied with and the McClellan-Palomar Airport Advisory Committee would like to keep all options open and wait until all data has been collected. Member Kulchin said that she could not go along with waiting 17 months before anything was done about this. Council requested a letter be sent from the Mayor's Office to the Board of Supervisors requesting enforcement and sanctions against noise violators at McClellan-Palomar Airport. (28) 16. AB #10,357 - APPOINTMENT OF ONE MEMBER AND ONE ALTERNATE TO THE CULTURAL FACILITIES COMMITTEE. Council adopted the following Resolution: RESOLUTION NO. 89-398, RETAINING LAURIE BATTER AS A MEMBER AND APPOINTING DR. BART BILLINGS AS AN ALTERNATE TO THE CULTURAL ACTIVITIES COMMITTEE. (40) 17. AB #10.358 - APPOINTMENT TO CARLSBAD BUILDING " AUTHORITY. Council adopted the following Resolution: RESOLUTION NO. 89-399, RECOMMENDING TO THE BOARD OF SUPERVISORS, SAN DIEGO COUNTY, CALIFORNIA, THE REAPPOINTMENT OF CHARLES ROWE TO THE CITY OF CARLSBAD BUILDING AUTHORITY. - f?QO c +% MEMBERS COUNCIL \\ %v /o .;t +@%$ @ A Z. tj Lewis 1 Kulchin xx X Mamaux X Pett ine Lewis X Kulchin xx X Mamaux X Pettine Lewis X Kulchin xx X Mamaux X Pett ine Lewis X Kulchin xx X Mamaux X Pettine .* m 0 MINUTES - November 21, 1989 Page 8 DEPARTMENTAI. AND CITY MANAGER REPORTS: (Continued) (97) 18. AB 510,386 - STREET STANDARDS FOR ADAMS STREET. This item was taken out of order. (See page 2) (39) 19. AB #10,387 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the City's investment portfolio as of November 1, 1989. COUNCIL REPORTS: Council Members reported on recent meetings and activities of the Committees and Sub-committees of which they are Members. CLOSED SESSION: (41) Council adjourned to a Closed Session at 8:48 p.m., to discuss pending litigation Sahagun et a1 v. City et all San Diego Superior Court Case No. N43834. Council reconvened at 9:22 p.m., with four Members present, and Council Member Larson absent. Mayor Lewis announced that the City Attorney was authorized to associate the firm of Kane, Ballmer and Berknan as Special Redevelopment Litigation Counsel in the case of Sahagun vs the City of Carlsbad. ADJOURNMENT: By proper motion, the Meeting of November 21, 1989, was adjourned at 9:23 p.m., to November 25, 1989, 8:OO a.m., at the El Camino Country Club, Oceanside, in the event a quorum of Council Members is in attendance at the Prayer Breakfast. Respectfully submitted, ALETHA lk@L-bL-P<a~ L. RAUTENKRANZ City Clerk Harriett Babbitt I Minutes Clerk ~ c2 9 /o COUNCIL /\I\ %9$s\ MEMBERS Z. 6 Z. 6 Lewis X Mamaux X Pettine X Kulchin xx