HomeMy WebLinkAbout1988-01-19; City Council; 9271; Council Response to Public Commentr
00
rn
N
ro
a�
w
w v
o v
b0 *�
•H
4-4
v �
m
4J 4j
+J 4j m
Q
4 v
b 4
+J
4J
F1 Cd
41 .�
0 �
u
o •d
u �
rj) 4J
� U
3 °1
� b
U
o
H
CO 00
00 OD
I 1
,...I CV
I ri
AB# J�77/ TITLE: - -
MTG.1/19/88 COUNCIL RESPONSE TO PUBLIC COMMENT
DEBT. CM
RECOMMENDED FACTION:
Discussion :'.tem.
ITEM EXPLANATION:
J/
� e��' o• r��a
CERT. HD
CITY ATTY g CITY MGR.
On December 22, 1987, dur__ng the public comment period of the
City Council meeting, Mr. Kip McBane gave the attached presen-
tation. In accordance with the Brown Act, no Council discussion
on this item occurred that evening. Councilmember Mamaux
requested that this item be placed on the January 19, 1988
calendar for discussion.
With regard to the public noticing requirements, attached for
Your information are sections 65090 - 65095 of the Government
Code, which governs the minimum noticingrequirements for
hearings. Although the noticingre q public
the type of action (i.e., legislativeversus
vary depending qon
uasi-legislative),
the general requirements are that notice must be given to (1) the
property owner of the affected property, (2) property owners
within 300 feet of the affected property and (3) oth,--,
governmental agencies that have to provide services or facilities
to the property.
Local ordinances can exceed the minimum requirements of the
Government Code. In 1985, the Carlsbad City Council increased
the noticing requirement to include property owners within
600 feet. (See Exhibit 3, Section 21.54.060 of the Municipal
Code.)
EXHIBITS
1. Mr. McBane's presentation of December 22, 1987.
2. Sections 65090 - 65095 of the Government Code.
3. Section 21.54.060 of the Carlsbad Municipal Code.
"a YTr n- I
A
Re: Mamaux Allegations of 12/ 15187
For Presentation 12/22/87
Kip McBane, 2691 C% est Drive, Carlsbad, Planning Commissioner,
Mayor and Counci l Members, I come before you tonight because grave
injustices have been done to me, the Planning Commission and the Citizens
of Carlsbad.
Last week, Councilman Mamaux used this forum to promote false
conclusions derived from false assumptions.
In the course of a long personal attack on my integrity and the competence
of our Planning Commission, Mr. Marnaux alleged that my home is within
300 feet of the parcels under consideration by the Council that night and
the Commission an November 12. Therefore I should be denied the exercise
of my rights and responsibilities as a citizen and Commissioner in this
fine City.
This simply is not true. The minimum distance from my home to the
closest parcel is well over twice that far "as the crow flies", and a mile
by automobile. The other parcels are more distant.
I was noticed on the matters related to the subject properties not because
my property is-,vithin 300 feet of those parcels, but because I went to the
Planning Department, in QctobL-r, 1985, and requested to be noticed on all
Memaax 12/ 15/57
Page 2
public hearings regarding those parcels.
Mr. Mamaux proceeded to allege that he was concerned about destruction of
City property by residents of Crest Drive whom he knew had "...even taken
trees out for private personal parking...... All evidence is to the contrary.
An aerial photograph from April 16, 1939, shows turnouts and wide spots
along the creWexisted then as they do today. Residents of the area state
that trimming and cutting has occured only by the City and SDC&E who
have removed dangerous conditions over the years. One resident described
viewing, in the early 1950s, a brand-new Studebaker in the turn -out
across frorn the 1937 house I now occupy.
For most of its length Crest Drive consists of a twenty foot street
right-of-way of which approximately twelve feet is paved, and eight feet
to the east unpaved and tree -studded. Much of the parking occurs in the
unpaved eight feet, not in the open space area. Parking is allowed in open
space Zones_
Mr. Mamaux' motives must be questioned as he raised this parking concern
only along Crest drive, which had nothing to do with the parcels under
consideration last Tueeday. Parking along Crest Drive was an irrelevant,
off -agenda item and should not have been brought -up and acted on
unnoticed in a Council meeting. It is a violation of the Brown Act.
Just prior to voting on the matter, Mr Mamaux stated that he granted the
record to show that he was "...opposed to the manner in which it was
Mamaux 12/ 15/87
Page 3
presented to the City Council in a 4-3 dote frorri the planning
Commission.". The Commission is a dedicated group of citizens who
volunteer countless hours of personal service to the community. None of
the City's crimmissions nor committees should be wantonly abused by our
elected officials. The Commission, appropriately consulted with the City
Attorney's office before and during their November 12 meeting about the
legal issues surrixinding thiosp Grove and other matters. The conclusions
were clear and consistent, there was no IegaI issue of conflict, This was
reaffirmed December- 15, Yet Mr. Mamaux, Continues to insinuate
impropriety on the part of the Commission and its members.
Mr. Mamaux' false allegations are no innocent mistake. He is intimately
familiar with the shopping center and Hosp Grove area, which, he considers
to be "one basic economic unit". In 1975 he received $50,000 in consulting
fees from Mr. Robert Getz to "educate the Council" about matters related
to this area. That same Mr. Getz was one of the sellers of the subject 1
parcels to the City earlier this year.
9
Mr. Mamaux certainly has not forgotten that the Hosp Grove Masterplan was
adopted in 1970. it designated the steep slopes along Crest Drive open
space. Those parcels, not the subject of your actions last week, have
remained open space in the City's General plan ever since. I purchased a
home across from that City owned property some eleven years later. 11r.
Mamaux falsely represented that my property "abuts" the parcels you were
discussing last week. It does not.
Y
Mamaux 12/ 15187
Page 4
Mr. Mamaux would force his will on this community by all means,
regardless of their insidiousness or the destructivness of the
consequence•. He has carried his personal vendetta too far. He has
represented falsity as fact, and espoused false allegations. in so doing he
has subverted the very substdnee of our political institutions, the fiber of
which relies upon the reasoned argument of fact against fact to distill the
essence of thetbest achievable solution to the problems at hand. Mr.
Mamaux you owe me, the Commission and the Citizens of Carlsbad an
apology.
Put aside this misplaced personal vengeance. Let us work together through
our revered political processes to achieve the best for Carlsbad. As we �.
enjoy this holiday season and its message of "peace on earth, goodwill to
all" let us begin here in Carlsbad w,,th a renewed commitment to truth and
the integrity of our institutions.
Thank you and Merry Christmas.
i
t
Chapter 2.7. Public "eari.ngs EXHIBIT 2
(Chapter 2.7 added by Stats. h")84, Ch. 1009.)
Notice of hearing 65090. (a) When a provision of this title
requires notice of a public hearing to be given
pursuant to this section, notice shall be
published pursuant to Section 6061 in at least
one newspaper_ of general circulation within the
jurisdiction of the local agency which is
conducting the proceeding at least 10 days prior
to the hearing, or if there is no such newspaper
of general circulation, the notice shall be
posted at least 10 days prior to the hearing in
at least three public places within the
jurisdiction of the local agency.
(b) The notice shall include the information
specified in Section 65094.
(c) In addition to the notice required by this
section, a lcr.:al agency may give notice of the
hearing in any other manner it deems necessary or
desirable.
(Added by Stats. 1984, Ch. 1009.)
Notification procedures 65091. (a) When a provision of this title
requires notice of a public hearing to be given
pursuant to this section, notice shall be given
in all of the following ways:
(1) Notice of the hearing shall be mailed or
delivered at least 10 days prior to the hearing
to the owner of the subject real property or the
owner's duly authorized agent, and to the project
applicant.
(2) Notice of the hearing shall be mailed or
delivered at least 10 days prior to the hearing
to each local agency expected to provide water,
sewage, streets, roads, schools, or other
essential facilities or services to the project,
whose ability to provide those facilities and
services may be significantly affected.
(3) Notice of the hearing shall be mailed or
delivered at least 10 days prior to the hearing
to all avners of real property as shown on the
latest equalized assessment roll within 300 feet
of the real property that is the subject of the
hearing. In lieu of utilizing the assessment
roll, the local agency may utilize records of the
county assessor or tax collector: which contain
more recent information than the assessment roll.
If the number of owners to whom notice would be
mailed or delivered pursuant to this paragraph or
paragraph (1) is greater than 1,000, a local
agency, in lieu of mailed or delivered notice,
may provide notice by placing a display
advertisement of at least one -eighth page in at
least one newspaper of general circulation within
the local agency in which the proceeding is
conducted at least 10 days prior to the hearing.
(4) If the notice is mailed or delivered
pursuant to paragraph (3), the notice shall also
either be:
(A) Published pursuant~-) Section 6061 in at
least one newspaper of general circulation within
the local agency which is conducting the
proceeding at least 10 days prior to the hearing.
(S) Posted at least 10 days prior to the
hearing in at least three public places within
the boundaries of the local agency, including one
public place in taie area directly affected by the
proceeding.
(b) The notice shall include the information
specified in Section 65094.
(c) In addition to the notice required by this
section, a local agency may give notice of the
hearing in any other manner it deems necessary or
desirable.
(Added by Stats. 1984, Ch. 1009. Amended by
Stats. 1985, Ch. 1199.)
Request for notification
65092. When a provision of this title requires
notice of a public hearing to be given pursuant
to Section 65090 or 65091, the notice shall also
be mailed or delivered at least 10 days prior to
the hearing to any person who has filed a written
request for notice with either the clerk of the
governing body or with any other person
designated by the governing body to receive these
requests. The local agency may charge a fee
which is reasonably related to the costs of
providing this service and the local agency may
require each request to be annually renewed.
(Added by Stats. 1984, Ch. 1009. Amended by
Stats. 1965, Ch. 1199.)
Failure to receive
65093. The failure of any person or entity to
notice
receive notice given pursuant to this title, or
pursuant to the procedures established by a
chartered city, shall not constitute grounds for
any court to invalidate the actions of a local
agency for which the notice was given.
(Added by Stats. 1984, Ch. 1009.)
Definition:
65094. As used in this title, "notice of a
"Notice of public
public hearing" means a notice that includes the
hearing"
date, time, and place of a public hearing, the
identity of the hearing body or officer, a
general explanation of the matter to be
considered, and a general description, in text or
by diagram, of the location of the real property,
if any, that is the subject of the hearing.
(Added by Stats. 1984, Ch. 1009.)
Hearing continuation
65095. Any public hearing conducted tinder this
title may be continued from time to time.
(Added by Stats. 1984, Ch. 1009.)
EXHIBIT 3
CARLSBAD MUNICIPAL CODE
21.54.060 Notices. Notice of public hearings shall
be given as follows:
(1) When a provision of this code requires notice of
a public hearing to be given pursuant to this subsection,
notice shall be given in all of the following ways:
(a) Notice of the hearing shall be mailed or de-
livered at least ten days prior to the hearing to the owner
of the subject real property, the owner's duly authorized
agent, or to the project applicant.
(b) Notice of the hearing shall be mailed or
delivered at least ten days prior to the hearing to each
local agency expected to provide water, sewage, streets,
roads, schools, or other essential facilities or services
to the project, whose ability to provide those facilities
and services may be significantly affected by the project.
(c) Notice of the hearing shall be mailed or de-
livered at least ten days prior to the hearing to all owners
of real property as shown on the latest equalized assessment
roll within six hundred feet, or three hundred feet for
variance applications, of the real property that is the
subject of the hearing. In lieu of utilizing the assess-
ment roll, records of the county assessor or tax collector
which contain more recent information than the assessment
roll may be used. If the number of owners to whom notice
would be mailed or delivered pursuant to this subparagraph
is greater than one thousand in lieu of mailed or delivered
notice, the city manager may permit notice to be given by
placing a display ac_vertisement of at least one -eighth page
in at least two newspapers of general circulation within the
city at least ten days prior to the hearing.
(d) If the notice is mailed or delivered pursuant
to subparagraph (c), the notice shall also either be:
(iy published pursuant to Section 6061 in at
least one newspaper of general circulation within the city
at least ten days prior to the hearing;
(ii) posted at least ten days prior to the hear-
ing in at least three public places in the city, including
one public place in the area directly affected by the
proceeding.
(2) When a provision of this code requires notice of
a public hearing to be given pursuant to this subsection,
notice shall be published pursuant to Section 6061 in at
least one newspaper of general circulation within the city
at least ten days prior to the hearing. (Ord. 9758 §15,
1985: Ord. 9536 51, 1979: Ord. 9428 51, 1975: Ord. 9060
§2005.)
January 18, 1988
TO: MAYOR LEWIS
CITY COUNCIL MEMBERS
FROM: Council Member Mamaux
REQUEST YOUR INDULGENCE TO PERMIT AN EXTENSION CF TWO WEEKS
TIME ON AGENDA ITEM NO. 11
During the past few weeks, I have been very busy on a variety
of City projects and personal business matters.
As you well know, I have been working on the D.A.R.E. drug
education program for over 3 years. The culmination of these
efforts will be the initiation of this program in Carlsbad
schools. The joint effort of the Police Department and the
School District to help our children will have many benefits
to Carlsbad. The City of San Diego is also starting the same
program and receiving a considerable amount of media attention
for their efforts.
My participation on the SANDAL Board of Directors has consumed
a considerable amount of time. Work, and progress, is contin-
uing on many projects. An annual report of SANDAL activities
was presented to you at the last Council Meeting. You will
recall that I gave up two days a few weeks back to attend a
special workshop, in addition to the normal monthly duties.
The implementation of Prop "A" and its implications for
Carlsbad is also a time consuming endeavor. It is very
important that we pay particularly close attention to the
various rules, regulations and procedures that will be a part
of this voter approved program.
Negotiations with the Carlsbad Unified School District, in
conjunction with the Senior Citizen Center, has been more
complex and time consuming than we originally anticipated or
preferred. You will recall, Mayor Lewis, the many hours that
we have had to spend with our staff, as well as joint meetings
with the District. Happily, we recognize that the satisfaction
of a successful program offsets the individual burdens we
encounter.
The Senior Center Project will be an outstanding asset for
Carlsbad. We should receive several awards for a project that
is an example of inter -governmental cooperation. The attitude
and working relationships that have developed axiong City staff,
Seniors and District personnel is gratifying.
Mayor Lewis
City Council Members
January 18, 1988
Page 2
As the City Council knows, I also spent one day attending a
seminar conducted by the Regional Training Center and the
League of California Cities.
On an ongoing basis, I have been working with the staff on the
Growth Management Program. Like the rest of you, I received
two large volumes that represent only 2 of the 25 Zones.
The expansion of the Encina Water Pollution Control Facility
has also taken some time. As you know, Council Member Larson
and I serve as the City's representatives to the J.A.C. The
that
propomeanssed xthat1Mr.on Larson and
Iv will cos4- yI must be dili e
approximately $57 million and
and recommendations we make to the full City Council.ou5taffnt in d��
meetings and Board meetings are important, but time consuming.
The reorganization of the administrative functions of J.A.C.
are also an ongoing and time consuming affair. The organi-
zation is 25 years old, and, as you well know, certain
procedures are hard to change. Change is not easy. committed to achieving these changes and we will persWe are
evere in
this endeavor.
Work on the proposed Municipal Golf Course proceeds, albeit at
a slow pace. We are at the mercy of the County departmental
Process. We must be patient and deal with issues as they
develop. We are in communication with the Carlsbad Golf
Association and do everything we can to keep them aware of
events that are taking place. Supervisor MacDonald continues
to support our cause and is always receptive to our calls.
Like the rest of you, time has been expended working on the
proposal at Solamar Mobilehome Park. The realignment of Cannon
Road east of El Camino Real to accommodate the residents of
Rancho Carlsbad Mobilehome Park has also taken some time.
Happily, it appears that we are making progress in achieving
the goals given tO us by the residents of that fine facility.
You will recall, Mayor Lewis, that we attended a Board of
Directors Meeting of the Carlsbad Economic Enhancement Council.
This organization is starting to take shape and will certainly
continue to grow and to aid Carlsbad.
The City staff is preparing to hold seminars and to
checklists for the C.E.O.os in Carlsbad. This interaactioneof
government and private enterprise will have many benefits to
all of us.
Mayor Lewis
C_�.ty Council Members
January 18, 1988
Page 3
A considerable amount of time has been expended following up
and working on individual citizen questions and problems.
On a personal note, I have almost abandoned my passion for golf
to work on City projects. I have had some time to conduct some
personal business. As you know, Mayor Lewis, I confided in you
the aspects of one major project in my personal life.
Although, Mayor Lewis and Mr. McBane and I did meet for about
an hour on this agenda item, I have to admit that I am not
totally prepared for this evening's proceedings. In estab-
lishing priorities for my councilinanic duties, I have to admit
that I have not given this matter a high priority.
Therefore, it is requested that the City Council recognize the
time constraints involved and grant my request to extend this
matter for two weeks, until February 2, 1988.
Th,�nk you
11
' JTOHN J. MAMAUX
mhs