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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