HomeMy WebLinkAbout1988-01-12; City Council; Minutes0 e MIN
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting : January 12, 1988 Time of Meeting: 6:OO p.m. COUNCIL \! ?+A /o +$,%
Place of Meeting: City Council Chambers MEMBERS + tp 9
CALL TO ORDER:
Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the Deputy City Clerk, a.s
follows:
Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson.
Absent : None.
APPROVAL OF MINUTES:
Minutes of the Reqular Meeting held January 5, 1988, Lewis xx Kul. chin were approved as presented.
X
X Larson
X Mamaux
X Pettine
PRESENTATION:
Mayor Lewis read a Proclamation, 1988 New Year's
Resolution, supporting the enhancement of the anti-
crime efforts throughout the City of Carlsbad. The
Proclamation was accepted by Police Chief Vales.
Police Chief Vales introduced Shande Carpenter, the
Neighborhood Batch Coordinator, and presented Certificates to the Area Coordinators. as follows:
Chuck Rodcett, Area 4; Ben Slack, Area 2; Myra Marshall, Area 6 and Jerri Holder, Area 3.
CONSENT CALENDAR:
Council affirmed the action of the Consent Calendar, Lewis X
as follows: Kulchin xx
Pettine X
Mamaux X
Larson X
VVAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
1. AB W9261 - ACCEPTANCE OF GRANT DEED FOR STREET
PURPOSES.
Council adopted RESOLUTION NO. 88-8, accepting a
grant deed from Mart in E. Lock and Janet L .
O'Connell conveying an easement for street purposes
on Buena Vista Hay.
2. AB 89262 - ACCEPTANCE OF GRANT DEED FOR ALLEY
PURPOSES.
Council adopted RESOLUTION NO. 88-9, accepting a
grant deed from Carlsbad Grand General Partnership
conveying an easement for alley purposes off Grand
Avenue -
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I PUBLIC COMMENT: I
Dan Hammer, 4015 Isle Drive, addressed Council
requesting that a public hearing be set on the recent
Grand Jury Report concerning "Brown Act" violations.
PUBLIC HEARING:
(62) 3. AB 89252 - Supplement I1 - NINE COOLER AND SPIRIT
COOLER RECYCLING PROGRAM.
This item was continued for two weeks.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(93) 4. AB a9259 - APPEAL OF CITY ENGINEER'S DECISION OF
SEHER CHARGES - PALATE PLEASERS.
City Engineer Lloyd Hubbs gave the staff report as
contained in the Agenda Bill.
Patti Kuemmel, 5631 Palmer Hay, Suite B, representing
Palate Pleasers, addressed Council. She explained that
their business is an off-premises catering service. She
stated there was no dishwasher on the premises, as the
food is slightl-y prepared in the kitchen and finished on the premises of the customer, whether it is a private
party or a corporation. There are no tables, no take-
out food, and no people will come to the establishment to take food out. The dishes are from a rental company
and not washed there--only pots and pans might be washed
there. Mrs. Kuemmel stated she did not feel their
usage should be equated to a restaurant or
delicatessen.
In answer to query as to whether she was aware of
staff's compromise proposal, Mrs. Kuemmel stated she
was, but proposed paying half of the fees up front,
monitor the uses as staff indicated, and then if more
fees were due, they would be paid.
City Engineer Hubbs stated it would be the applicant's
responsibility to have the meter installed, keep records
for a year, and then submit those records to the City
for averaging and comparison with the standards. If
the usage was less than projected, fees would be
refunded at that time.
I
Council upheld the City Engineer's decision and denied
the appeal to waive or release the sewer fees and
expressed support for the alternative proposed by the
City Eng tneer.
I (97) 5 AB #9226 - CITIZEN REQUEST - ELM AVENUE. I
(86) Mayor Lewis stated the Elm Avenue streetscape proposal
will be discussed at the February 2, 1988, meeting. It
will not be a public hearing, but by Filling out a request to speak, all concerned citizens may speak.
James Sims, 2820 Nilson Street, addressed Council statj-ng he was not opposed to the beautification of Elm
Avenue, but his main concern was the loss of parking.
He added, if the parking must be eliminated, then it
should be removed in segments, and not all at one time.
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MEMBERS Z. 8 .2
Lewis
xx Mamaux
X Pettine
X Kulchin
X
X Larson
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Conti.nued)
Council Member Mamaux asked Mr. Sims whether he was
aware of Council's commitment to provj.de off-street
parking in excess of the present street parking. Mr.
Sims indicated he was aware of this commitment.
Edgar Monroy 16123 Lyons Valley Road, Jamul, a Civil
and Traffic Engineer in California, spoke on behalf of
the Elm Avenue Merchants. He referred to the report
distributed to Council Members and stated the projected
volumes of traffic would occur several years In the
future, and it would not be warranted to remove the
parking on Elm concurrent with the streetscape project.
Mr. Monroy referred to the Exhibits attached to the
report, stating the median on Elm Avenue would restrict access to existing driveways, and this was a prime
concern in the first block west of the freeway. There
is a great deal of jay-walking in that block, and a
si-gnal placed in the middle of the block would help that
potential traffic problem.
Richard Johnson, 1044 Elm Avenue, Carlsbad Chevron,
stated his service station is at the northwest corner of
Elm and 1-5, and he depends on 1-5 customers for a large
percentage of his total business. He is opposed to the
median on Elm Avenue, as this would blodc egress back to
the freeway, and customers would not make that stop
after having to drive back to Grand Avenue to proceed
west; south on Harding Street, and make a left turn to
return to Elm Avenue.
Mr. 3ohnson agreed a traffic signal mid-block between
1-5 and Harding street to permit left turns back to the
freeway, would resolve the problem.
Ted Frye, 7121 Linden Terrace, representing the Carlsbad
Arts Commission, stated the Commission took no position
on the parking and circulation problems, but wanted to give their full support to the streetscape proposal and
the art features proposed. He added this would make a
great difference in how the City looked, and hoped the
circulation problems would not deter or delay the
implementation of the over-all plan.
John Seibert, of Royal Palms Spirits, 305 Elm Avenue,
stated he would be affected by both the Carlsbad Boulevard and Elm Avenue streetscapes. He supported the
streetscapes, but felt a median on Elm Avenue to
restrict customers made no sense. He commented on the
proposal to have no median in the first block west of
State and the railroad tracks in order to allow turning
into the City-owned parking lot, and stated he felt the
merchants should have the same ability.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Steve Densham, 3965 Monroe Street, representing Neimans
Restaurant/Village Faire Project 9 urged Council to
accept the streetscape project as designed and
presented. Mr. Densham felt any short-term
inconveniences to the merchants would be more than
offset by the long-term good this project would
generate.
Sande Holst, 1761 Andrea, representing DooLey McCluskey's Restaurant, spoke in favor of the
streetscape project.
George Hillis, 539 Elm Avenue, stated he has a business at that address and the three parking spaces in front
of his business turn over very rapidly and are very
valuable--particularly since people do not want to walk
very far to get to the stores. He requested the
parking not be eliminated all at one time. He
presented letters from business people to the
Council, and a petition with over 3,000 signatures.
Mr. Hillis concluded, stating he was in favor of the
streetscape, but concerned about the parking.
Bill Saylor, 3115 Roosevelt Street, Executive Director,
Boys and Girls Club, spoke in favor of the streetscape
project, stating it would provide a safety factor for
the downtown streets. He stated the traffic moves too
fast on Elm Avenue, and many of the children coming
the Boys and Girls Club arrive on foot. He expressed
hope that the streetscape would provide increased
safety for pedestrians in the downtown area.
Joann Bianchi, 1929 East Pointe Avenue, a merchant in
Poinsettia Plaza, stated she felt there would be a
safety factor for walkers and joggers with vehicles
traveling just a few irides away. She added that with a
median, there could be a problem getting emergency
vehicles to a business or to a citizen. Ms. Bianchi
felt Elm Avenue needed to be wjdened, but could not
handle a median strip and the traffic. She also felt
the four lanes of traffic would take away from the
village atmosphere.
Ms. Bianchi stated a traffic sj-qnal was needed on Elm
Avenue between 1-5 and Harding Street, and that medians
would be economic disaster for the merchants that could
turn into a long-term disaster. Ms. Bianchi stated that 95 percent of the businesses downtown rely on
local trade, with only 5 percent tourist trade, and
the parking is necessary at the present time.
Jerry Holmquist, 1300 South Beach Blvd., La Habra,
representing Chevron, USA, Inc., spoke in opposition to
the median on Elm Avenue. He stated that the loss of
egress back to 1-5 from the Chevron Station would be
devastating to Mr. Johnson and Chevron.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
John Grant, 7173 Obelisco Circle, addressed Council as a
property owner in the downtown area, asking that the
parking not be eliminated on Elm Avenue. He added that
if the parking is eliminated, it should be replaced with
comparable spaces not in conflict with the street
improvements. Mr. Grant acknowledged Council's
commitment to replace the lost parkjng spaces with off-
street parking before any spaces are removed. He
suggested the off-street parking he located on Elm Avenue and not a block off of the main street, be
clearly visible and well-signed, with easy egress and ingress .
Mr. Grant suggested it was time to consider the use of
condemnation by the City to allow for a parking lot on
Elm Avenue. He suggested several sites along Elm that
he thought could be used for such a lot. As soon as
the off-street parking was in place, Mr. Grant felt the
streetscape project should proceed.
Mr. Grant discussed the problem of Elm Avenue between I-
5 and Harding Street, stating if motorists are forced
to go through the parking lot to Grand and around the
block to return to Elm, it will be a disaster for the
merchants. Also, the same procedure on the south side
of Elm Avenue, with motorists having to proceed to Oak
and back Harding to Elm, wou!.d be the same problem.
Mr. Grant stated he would be willing to convey to the
City, free of mst, sufficient land on the north side of
Elm Avenue between 1-5 and Harding to permit widening,
at City expense, of Elm Avenue on the north side to
permit cars to make a U-turn at Elm and Harding. He
stated there are three other property owners on the
north side of Elm who would need to go along with this
proposal e
Robert Sonneman, 3346 Garfield Street, addressed Council
in favor of a signal mid-block between 1-5 and Harding
Street on Elm Avenue. He concurred with Mr. Grant's
proposal to vacate some of his property on the north
side of Elm Avenue to establish a U-turn at Harding
Street and Elm Avenue. He suggested the same procedure
could be done on the south side of the street.
Mr. Sonneman also sugqested a pedestrian crosswalk of
some type on Elm Avenue, mid-block between 1-5 and
Harding Street, adding this could be underground or
overhead, but was necessary to allow pedestrians to
cross Elm in the middle of the block.
Bill Ryburn, 2019 Estero, Oceanside, owner of the
business on the southwest corner of State and Elm,
spoke in opposition to the streetscape proposal with
the parking as it is, statina the parking in front of
his property was vital to his business.
Mr. Ryburn suggested the alley behind his property be
extended an additional 40 feet through to the alley
parking lot to allow more people access to that lot.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Lisa Seamens, 2921 Carl.sbad Boulevard, congratulated
Council on their dedication and foresight in continuing the quality of life in Carlsbad, and she hoped City
staff would be able to solve the parking problems and
go forward with the streetscape project.
Uayne €3i-schoff, 1085 Laguna Drive, spoke as a village
merchant, and stated although it would be a short term inconvenience to lose some of the parking on Elm
Avenue, he felt the merchants should view this as a
long-term benefit. At the present time, it is
difficult to turn left from a side street onto Elm
Avenue, and parking on Elm is very difficult to find at
any time. He stated he was in favor of the project
going through as is, because it will increase
business in the long term.
Craiu Severson, 5411 Avenida Encinas, #100,
representing the Carlsbad Convention and Visitors
Bureau, spoke in favor of the streetscape as presented.
He stated this would improve the marketability of
Carlsbad and would improve the village area. He stated
that rather than increase the traffic numbers, the
streetscape will attract a higher caliber of tourists
who will spend a great deal of money in the City.
Jerry Peters, 107 North Acacia Avenue, Solana Beach,
spoke as the owner of property on the southeast corner
of State and Elm. Mr. Peters spoke in opposition to
removing the parking on Elm Avenue. He commended the
idea of beautification, but not at the expense of
convenient parking.
Kay Christiansen, 2802 Carlsbad Boulevard, spoke as a
property owner on Carlsbad Boulevard and a merchant,
stating she sincerely supported the streetscape plans as presented and urged Council to see they were carried
out.
Robert Niielsen, 525 Elm Avenue, stated he was totally
in favor of the streetscape, but totally opposed to the
removal of the parking. He suggested Council consider
either leaving the parking on Elm Avenue, or, if necessary, phasing it out as needed. He asked for a
show of hands of those in the audience opposed to the
removal of Elm Avenue street parking.
3oAnn Hoekstra, 690 Elm Avenue, representing Real
Property Management, addressed Council in opposition to the removal of parking on Elm Avenue.
She stated that they are a local business that deals
with local people, and expressed concern that the local
businesses were being overlooked in preference to those favoring tourists.
Yvonne Murchison Finocchiaro, 5411 Avenida Encinas,
representing the Chamber of Commerce, stated she would
relinquish her time and return for the meeting on
February 2, 1988.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Peter Norby, 2451 Buena Vista Circle, Member of the
Housing and Redevelopmment Advisory Committee, and a
merchant on Carlsbad Boulevard, spoke in favor of the
streetscape proposal as presented. He stated this
would provide safety for all citizens and better traffic circulation. Mr. Norby commented on the areas
on Elm Avenue where two lanes merge jhto one, stating it is very dangerous, and that the widening into two
lanes each direction would be much safer.
John Ord, 5055 Avenida Encinas, spoke as a customer of
Carlsbad Chevron. He expressed support for the
streetscape, but requested a break in the median or a
signal mid-block between Harding and 1-5.
Kim A. Mikhael, 2801 Roosevelt, owner of two businesses
in the downtown area, spoke in favor of the streetscape
project, stating the Grand Avenue streetscape has
actually helped their business.
Mayor Lewis stated the circulation plan for the
downtown area is tied into Zone 1 and is an important
factor. Staff was directed to respond to the concerns
voiced by the citizens with regard to breaking
the median and installing a traffic signal mid-block
between 1-5 and Harding Street on Elm Avenue, and other
issues raised in the report received today from Mr.
Monroy .
RECESS :
Mayor Lewis declared a recess at 7:44 p.m., and Council
re-convened at 7:57 p.m., with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
6. AB 89225 - CITIZEN REQUEST - MODIFICATION OF
TRAFFIC CIRCULATION PLAN.
Mr. Nilliam D. Daugherty addressed Council explaining
his proposal to amend the Circulation Element of
Carlsbad by deleting portions of Cannon Road and Carrillo Nay and extending Camino Vida Roble east of
El Camino Real to El Fuerte. Mr. Dougherty stated the
Growth Management Plan cannot control the growth of the
surrounding cities, but Carlsbad must control the
traffic gridlock that their traffic can cause.
Mr. Daugherty stated that under the traffic impact fee
provisions, future residents will prepay the cost of
Cannon Road, Carrillo Hay and other roads and only
benefit 20 percent from them, and he felt that was not
fair. He said regional traffic should be directed
toward State and County road structures and minimize
all through traffic use of major and secondary arterials. Mr. Daugherty stated the local residents
should be able to get onto the roads in order to get
out of the area, and through traffic should be kept
from plugging up the local routes.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mayor Lewis stated the Ciratlation Element is updated
every two years and Council would acknowledge the
receipt of Mr. Daugherty's report and include it with
other information at that time.
7. AB #8851 - Supplement f4 - IMMIGRATION STUDY TASK
FORCE REPORT AND RECOMMENDATIONS.
Monsianor 3. Raymond Moore, Chairman of the Immigration
Study Task Force, referred to the final report
contained in the Agenda Bill, and particularly to the
conclusions and recommendations. He stated the Task
Force tried to deal with the reality of what exists in
Carlsbad and placed no blame. The study was an
objective one and the recommendations were practical
and within the scope of the City powers.
Monsignor Moore stated the major problem is housing for
the farm workers, as well as housing for the families
and people who work in other businesses in the City. He
said the conditions the farm workers live in are
atrocious. He asked the City to consider the
recommendations made with regard to housing, but the
total solution is probably beyond the scope of the City
of Carlsbad.
City Manager Ray Patchett stated Supervisor MacDonald's
office had learned that the County was setting up a
County Border Affairs Office to deal with some of these
issues. At Council's direction, the City Manager will
return with a work program on February 23, 1988.
8. AB #6955 - Supplement 82 - AMENDMENTS AND ADDITIONS
TO THE PURCHASING SECTIONS OF THE CARLSBAD
MUNICIPAL CODE.
Ruth Fletcher, Purchasing Officer, gave the staff
report as contained in the Agenda Bill.
Council introduced the following Ordinance:
X Larson SECTIONS TO REVISE THE CITY PURCHASING PROCEDURES.
X Mamaux THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS
X Kulchin
X Lewis
ORDINANCE NO. NS-2, AMENDING TITLE 3, CHAPTER 3.28 OF xx Pettine
9. AB 89263 - SPEED LIMIT ON A PORTION OF ELM AVENUE.
Bob Johnson, Traffic Engineer, gave the staff report as
contained in the Agenda Bill.
Council introduced the following Ordinance: Lewis X
Kulchin
X Larson 10.44.080 TO EXTEND THE SPEED ZONE ON ELM AVENUE FROM
x Mamaux THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF SECTION
X Pettine ORDINANCE NO. NS-3, AMENDING TITLE IO, CHAPTER 10.44 OF
xx
DONNA DRIVE TO EL CAMINO REAL.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
1 (45)
(92) IO. AB #9115 - Supplement #I - TEMPORARY LEASE OF SEHER
LINE CAPACITY FROM BUENA SANITATION DISTRICT.
City Engineer Lloyd Hubbs gave the staff report as
contained in the Agenda Bill.
Council adopted the following Resolution:
RESOLUTION NO. 88-10, AUTHORIZING EXECUTION OF A
REVISED AGREEMENT EETHEEN THE BUENA SANITATION DISTRICT
AND THE CITY OF CARLSBAD FOR LEASE OF ADDITIONAL
CAPACITY IN THE ENCINA OUTFALL.
COUNCIL REPORTS:
Citv/School Committee .I .
Council Member Mamaux distributed bumper stickers for
the DARE Program, and stated this program would be in
place in the schools in February.
Council Member Mamaux reported there would be a
response from the School District tomorrow
night on the Senior Center.
SANDAG
Council Member Mamaux reported on a two-day meeting
last week.
Regional Sub-committee
Mayor Lewis reported Council Member Kulchin and he met
with the County, SANDAG and staff to set up a working
format pertaining to the Regional Sub-Committee. Six
cities have responded--five favorably and the sixth is
taking it to their City Council. There will be an open
meeting with a roundtable discussion. Traffic
circulation will be the key element for the first
meeting, which will be in March.
ADJOURNMENT:
By proper motion, the Meeting of 3anuary 12, 1988, was
adjourned at 8:50 p.m.
Respectfully submitted,
Y'X& REN R. I Deputy City Clerk
Harriett Babbitt
Minutes Clerk
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