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Home My WebLink About1986-09-02; City Council; MinutesY e MINUTES 0 - (50) (84) (84) Meeting of: CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: September 2, '1986 Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Casler called the Meeting to order at 6:02 p.m. ROLL CALL was taken by the City Clerk, as follows: Present - Council Members Casler, Lewis, Kulchin, Chick and Pettine. Absent - None. INVOCATION was given by Reverend D. E. Webber of the Good Shepherd Assembly of God of Carlsbad. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: The Minutes of the Regular Meeting held August 12, 1986, were approved as presented. 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 88752 - REFUND OF FEES. Council approved the refund of $8,910.81 to Torrey Pines Bank for overpayment of interest to the City. 2. AB 88747 - PURCHASE OF TRUCKS. Council adopted RESOLUTION NO. 8779, accepting bids and authorizing the execution of a purchase order to Security Chevrolet for the purchase of ten trucks for a total cost of $88,804.68. 3. AB 88659 - Supplement 82 - PURCHASE OF REINFORCED CONCRETE PIPE. Council adopted Resolution No. 8780, but subsequently rescinded their approval and continued the item for one week (see page 2). 349 - \p 5 COUNCIL % 9& MEMBERS % % Casler Chick xx Kulchin X Lewis X X Pettine X Casler X Pettine X Chick xx Kulchin X Lewis X - '. I a MINUTES 0 September 2, 1986 Page 2 I CONSENT CALENDAR: (continued) (78) 4. AB !I8748 - HOLD HARMLESS AGREEMENT AND RELEASE IN (45 1 FAVOR OF THE CITY OF SAN MATEO. Council adopted RESOLUTION NO. 8781, authorizing the execution of indemnitv and hold harmless agreement in favor of the-City of San Mateo for participation of two police officers in a motorcycle training course in San Mateo. (100) 5. AB 88732 - Supplement #I - SETTING TAX RATES FOR 1986-87 - CORRECTION. Council adopted RESOLUTION NO. 8782, setting the General Obligation Bond tax rate for the 1986-87 fiscal year. I ORDINANCE FOR ADOPTION: l(79) 6. AB /I8745 - SPECIAL EVENTS INSURANCE. (60) I Council adopted the following Ordinance: ORDINANCE NO. 6080, AMENDING THE MUNICIPAL CODE TO ESTABLISH A REQUIREMENT THAT SPONSORS OR PROMOTERS OF SPECIAL EVENTS OBTAIN LIABILITY INSURANCE NAMING THE CITY AS AN ADDITIONAL INSURED PRIOR TO THE OCCURRENCE OF THE SPECIAL EVENT. I CONSENT CALENDAR: Assistant City Manager, Frank Mannen, requested that Council reconsider their previous action taken on Item No. 3, Resolution No. 8780. He requested that the item be continued for one week for additional staff work. Council rescinded their previous approval of Agenda Item No. 3, Resolution No. 8780, and continued the matter for one week. DEPARTMENTAL AND CITY MANAGER REPORTS: (48) 7. AB f8753 - EXPENDITURE OF FUNDS FOR PUBLIC (45) EDUCATION PROGRAM. City Manager Frank Aleshire gave the staff report as contained in the Agenda Bill. Maurice Kimball, 1623 James Drive, addressed Council in opposition to the matter stating this was a waste of tax payers money. Council Member Pettine questioned whether the program could be kept educational without becoming political. I Council adopted the following Resolution: RESOLUTION NO. 8784, AUTHORIZING THE EXPENDITURE OF FUNDS FOR PUBLIC EDUCATION PROGRAM ON PROPOSITION E, F, G AND H. 3w 7 \l\ FA Casler X Lewis X X Chick xx Uulchin X Pettine Casler xx Lewis X Pettine X Chick X Kulchin X Casler Pettine X Chick X Kulchin X Lewis xx ’ .- e MINUTES 0 ( September 2, 1986 Page 3 ~ ~~ ~ ~ ~~ ~~ ~ ~ ~~ ~~ DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) :24) 8. AB /I8751 - 1986 COUNTY ANIMAL CONTROL REGULATIONS. Council introduced the following Ordinance and directed staff to set the matter for public hearing on September 23, 1986: ORDINANCE NO. 5071, AMENDING TITLE 7, CHAPTER 7.07, AND TITLE 1, CHAPTER 1.08 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE RECENTLY REVISED SAN DIEGB COUNTY CODE OF REGULATORY ORDINANCES DEALING WITH ANIMAL CONTROL. (86) 9. AB #8749 - REQUEST FOR SUPPORT OF PACIFIC COAST FOG FEST. Council directed that a Proclamation be issued to the City of Pacifica to support their Fog Fest. (28) IO. AB /I8750 - SENIOR CITIZEN COMMISSION APPOINTMENT. Council adopted the following Resolution: RESOLUTION NO. 8783, REAPPOINTING LINWOOD 3. VAN TO THE SENIOR CITIZEN COMMISSION. (113) 11. HPI MASTER PLAN REVIEW OF EASEMENTS. City Attorney Vincent Biondo reported to Council on the matter indicating the need to determine whether HPI had satisfied the conditions of the Ordinance, and whether they should be allowed to continue processing their development. In response to Council query, he indicated a packet of documents had been submitted to Council Members the previous Friday. He stated that the easement submitted by Hunts in the packet was not acceptable to the State Agencies, and they would not be able spend public funds based on that type of an easement. Jesse Anderson, 6749 Heath Court, President of Alta Mira Homeowners Association, addressed Council. He stated that a large document regarding the Hunt Project was not available until this date, and the Planning Commission was to meet the following night to consider the project. He stated there was not sufficient time for the Planning Commission to properly review and consider the matter, and suggested that it be continued. 3 47 COUNCIL IF % % MEMBERS % Q Casler J Chick x Kulchin x Lewis xx x Pettine Casler X Pettine X Chick X Kulchin x Lewis xx Casler X Pettine X Chick X Kulchin X Lewis xx 1 .* 0 MINUTES 0 September 2, 1986 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Michael Leone, 7109 Azalea Place, stated he would like to see this project go before the Planning Commission and let them make the determination. Chistopher Neils, 701 r'Bo Street, San Diego, attorney representing the applicant, HPI Properties, addressed Council. Mr. Neils made reference, for the record, to two letters previously submitted to Council. (Copies of those letters were not furnished to the City Clerk. ) Mr. Neils stated that it was HPI's position that the Ordinance only stated that an easement needed to be provided, not that staff or the State had to "like" the easement. He stated the State Lands agreement was asking them to sign a contract saying they would give the Lagoon to the State whether or not they received project approval. He suggested that the appropriate way to handle the dedication would be through processing of maps and plans, with the dedication of the Lagoon required as a condition of approval. Council Member Lewis commented that the HPI Project had been exempted from the moratorium and placed before other projects in the City, inasmuch as the Lagoon was extremely important to Carlsbad and the citizens. Council Member Kulchin stated her concern with the lateness of the arrival of the documents. She stated the documents had been requested in 3une or 3uly and she questioned the lateness of the submission of documents. Mr. Neils stated that no one was ready to do anything at this time. There was no urgency for starting the work on enhancing the Lagoon or Pacific Texas' pipeline project. Therefore, the Hunt Project should be allowed to continue processing and the conditions requiring dedication of the Lagoon could be attached to the project. Mayor Casler read the motion made by Council Member Lewis when HPI was exempted from the moratorium, and expressed the opinion that they had complied in that dedication was not required until their project had been approved. Council Member Lewis stated that was not the intention of the motion. He stated his intention in making the motion was to require HPI to provide the necessary documents to satisfy the State Lands Commission prior to processing the Hunt project. Mr. W. Allan Kelly, responded to Council query stating they did not give up title to their property until they had approval of their maps by the City. Council Member Lewis stated he felt this was a different situation, the Hunt project had been placed in front of other projects due to the necessity for the restoration of the Lagoon. 3% - COUNCIL \p 5 3 9A MEMBERS % $ ~ 1 3 rb 0 MINUTES a September 2, 1986 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued ) Council Member Chick stated he felt the situation was generally the same. He stated he maintained it was not up to Council to get the easement, but up to the state. Council determined before the City allows the Hunt Project to proceed, they must settle their differences with the State Agencies, inasmuch as the documents submitted by Hunt in the Council's mind do not satisfy the requirements and intent of Ordinance No. 9808. Until those differences have been resolved with the State Agencies, and proper documents submitted, the matter will not go before the Planning Commission. For clarification purposes, the City Attorney indicated he understood the Council's motion to mean that findings for exception to the moratorium could not be made; therefore, no further processing of the Hunts Projects could occur until such time as documents regarding the Lagoon restoration have been submitted to and accepted by the appropriate State Agency. ADJOURNMENT: By proper motion the Meeting of September 2, 1986, was adjourned at 7:19 p.m. Respectfully submitted, w 2. * ALETHA L. AAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB:tb 345 7 COUNCIL 1) 3 ?i ' MEMBERS % % Cas le r Lewis X Pettine Chick X Kulchin xx ~