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HomeMy WebLinkAbout1989-03-07; City Council; Minutesf (51) (99) (70) (45) (99) 0 e MINUTES 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: 5 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. 63 4 @ I I I ~ e 0 MINUTES (99) (99) (44) (45) (73) (26) (97) (81) (78) March 7, 1989 Page 2 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 $31,629.80. IO. AB #9891 - ACCEPTANCE OF GRANT AND QUITCLAIM DEEDS FOR THE HOME PLANT SEWAGE PUMP STATION - PROJECT NO. 3299. ~~~~ - I Council adopted RESOLUTION NO. 89-67, accepting grant and qultclaim deeds from'Richard A. and Joanne S. McMahan for property necessary for the City's construction of the Home P lant Sewage Pump Station, Project No. 3299. 11. AB #9892 - REQUEST FROM POLICE DEPARTMENT FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 89-68, authorizing destruction of certain files. 62 I Spdr MEMBERS COUNCIL \\ ?& Z. ?$%%!& G Z. d \ $ - i m 0 MINUTES - (77) (45) (70) (99) (45) (70) (91) (45) (70) (91) (45) (37) March 7, 1989 Paae 3 MEMBERS COUNCIL \ Paae 3 MEMBERS COUNCIL \ d \ 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. I ~ 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. I ~ 61 I I \ & A , 1 b (57) (78) (70) e 0 MINUTES March 7, 1989 Page 4 /\I\ COUNCIL %9$%%4, MEMBERS Z. 8 Z. 8 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. X 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. 60 0 a MINUTES March 7, 1989 Page 5 COUNCIL \\\ ay+%$ MEMBERS Z. 8 Z. 8 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. 57 e 0 MINUTES (28) March 7, 1989 Page 6 I\/\ COUNCIL % 9+\%4, MEMBERS 9 8 9 @ 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. 58 0 0 MINUTES March 7, 1989 Page 7 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. 5-3 7 S% MEMBERS COUNCIL \\ %?$%%e 2. tp 2. r~ Lou i s Kulchin X X Larson xx Mamaux X Pett i ne X a 0 MINUTES (48) March 7, 1989 Page 8 COUNCIL /\I\ %?$,,%%e MEMBERS * tp Z. CF 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 I 56 * 0 MINUTES March 7, 1989 Page 9 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. I Respectfully submitted, I QQLth- 8. RF ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Mi nutes C 1 erk I 55 COUNCIL /\I\ 3 %' % MEMBERS % %% %