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HomeMy WebLinkAbout1987-04-21; City Council; Minutesf 0 0 MINUTES Meeting of : CITY COUNCIL (Regular Meeting) Time of Meeting: 6:OO p.m. Date of Meeting: April 21, 1987 Place of Meeting: City Council Chambers ~~~ ~ 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: Present - Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. ,Absent - None. INVOCATION was by Rector Douglas Woodridge of St. Michael's by the Sea Episcopal Church. PLEDGE OF ALLEGIANCE was led by Council Member Larson . APPROVAL OF MINUTES: Minutes of the Regular Meeting held April 7, 1987, were approved as presented. PROCLAMATION: ~ ~~ Mayor Lewis read a Proclamation and presented a plaque for Victims' Rights Week, April 26 - May 2, 1987, accepted by Shandee Carpenter, Crime Prevention Officer for the City of Carlsbad. Mayor Lewis read a Proclamation proclaiming April 20- 26, 1987, the General Federation of Women's Clubs California Juniors Week. The Proclamation was accepted by Betty Smith, President of the North County Junior Women's Club. Mayor Lewis read a Proclamation proclaiming April 24, 1987, Association of Environmental Professionals Day. The Proclamation was accepted by Scott Fulmer, Treasurer of the San Diego Chapter, Environmental Professionals. Mayor Lewis read a Proclamation proclaiming April 27 - May 3, 1987, Bike-To-Work-Week, accepted by Gable Beurksens of the Bike-To-Work-Week Committee in San Diego. Mayor Lewis stated City Attorney Vincent Biondo had been in court today, and at this time he requested taking City Attorney comments out of order to receive an update of the court appearance before Judge Moon. City Attorney Vincent Biondo reported Judge Moon had denied the petition of the Concerned Citizens in their suit against the City of Carlsbad and upheld City Council's decision to implement Proposition E. Proposition E received more votes than Proposition G and was implemented by the City as the Slow Growth Management Plan. Mr. Biondo reported the proceedings in detail and the rulings of the judge. IC2 3 COUNCIL \? JY /o J MEMBERS Z. ' \ Lewis Kulchin Pett ine M amau x X Larson t 0 0 MINUTES r (41) (81) (107) (81) (48) (62) (81) (62) pril 21, 1987 Page 2 CONSENT CALENDAR: Council affirmed the Consent Calendar, as follows: Lewis Kulchin M amau x Pettine X Larson WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. I 1. AB 118962 - APPROVAL OF SETTLEMENT - METZGER V. CITY OF CARLSBAD. Council adopted RESOLUTION NO. 9023, authorizing the expenditure of funds for settlement of Metzger v. City of Carlsbad. 2. AB 118963 - ACCEPTANCE OF A GRANT DEED FOR STREET PURPOSES. Council adopted RESOLUTION NO. 9024, accepting a grant deed conveying an easement for street purposes over a portion of Avenida Encinas. 3. AB 118964 - SUMMARY VACATION - PORTION OF HARWICH DRIVE. Council adopted RESOLUTION NO. 9025, summarily vacating a portion of Harwich Drive. 4. AB 118965 - ACCEPTANCE OF DONATION. Council accepted a donation of $10 from Mr. Richard Poedtke of Vista to be used towards the purchase of Hosp Grove. 5. AB 118966 - CORRECTION TO AUTOMATIC APPROVAL LAW. Council authorized the Mayor to write a letter in support of Assembly Bill 1486, which would require developers to give notice to the City and the public before automatic approval could take place. 6. AB 118967 - ACCEPTANCE OF SEWER EASEMENT FROM BECKMAN INSTRUMENTS, INC., FOR MAINTENANCE OF SEWER . Council adopted RESOLUTION NO. 9026, accepting a grant deed conveying an easement to allow for the repair and maintenance of the sewer which crosses Faraday Avenue. 7. AB 118968 - ASSEMBLY BILL 318 - LIABILITY OF PUBLIC ENTITIES FOR UTILITY CAPITAL FACILITY FEES. Council authorized the Mayor to send a letter in support of Assembly Bill 318 which would assure that each public entity paid its fair share of new capital facilities. laa 1 e 0 MINUTES April 21, 1987 Page 3 I (99) (67) (112) ORDINANCE FOR ADOPTION: 8. - AB 118958 - AMENDMENTS TO THE SUBDIVISION ORDINANCE. Council adopted the following Ordinance: ORDINANCE NO. 9830, AMENDING TITLE 20, CHAPTERS 20.04, 20.24 AND 20.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 20.04.020(7), 20.24.160 AND 20.44.050(b) AND BY THE DELETION OF SECTION 20.24.170 TO CONFORM WITH THE LEGISLATURE'S CHANGES TO THE SUBDIVISION MAP ACT. PUBLIC HEARINGS: 9. AB /I8940 - Supplement 111 - WEED ABATEMENT. Captain Mike Smith, Fire Department, gave the staff report as contained in the Agenda Bill. Council Member Larson inquired whether there was some way to recover the costs and charge higher fees for those people who appear on this list year after year. Captain Smith explained how the charges are determined according to the number of parcels. In answer to Council query, Captain Smith stated if the property owners cleaned the weeds from their property themselves, it would cost them $35 to $40. When the City cleans the weeds off of the property, the cost to the property owner is $65 to $70. Council Member Mamaux asked if there was some way to assess a penalty for those being on the list three years in a row. Captain Smith stated most of the property owners who do not clean their own property are out-of-state, absentee owners. Council Member Mamaux asked whether the City set a good example in keeping its property clean, and Captain Smith stated the plan was to begin clearing the City parcels first. Mayor Lewis opened the public hearing at 6:34 p.m., and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council adopted the following Resolution: RESOLUTION NO. 9027, ORDERING THE CITY MANAGER TO ABATE NUISANCE BY HAVING WEEDS, RUBBISH AND REFUSE REMOVED. Council Member Larson stated he would hope before the process is initiated next year, a study would be made of the matter so the City is not in the business of providing a weed cleaning service. 12 I - 5 COUNCIL \y %P "0 L MEMBERS Z. ' Lewis Kulchin Larson Mamaux ~ Pettine X Lewis Kulchin Pet t ine Mamaux Larson X I 0 0 MINUTES April 21, 1987 Page 4 (77) PUBLIC HEARINGS: (continued) 10. AB /I8969 - REQUEST TO PREPARE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 22. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, referring to a map on the wall showing Zone 22 outlined in red. This zone is completely surrounded by existing development, development under construction or approved by the City. The three property owners have agreed to pay for the cost of the preparation of the plan and no reimbursement from the other property owners is included in the agreement. Council Member Mamaux inquired whether the payment of the fees by the three property owners excluded the other property owners from input into the plan. Mr. Holzmiller replied there are two safeguards against that; the Ordinance requires the plan be distributed to all property owners. Also, the public hearing at Planning Commission and City Council is devised for input from all property owners. The second safeguard is the petitioners are just preparing a draft that is then given to the City. Before the plan comes to the Planning Commission and City Council, it becomes the City's plan. It is then City-sponsored and City- recommended. Council Member Mamaux stated it was important that the 7% that had not given their consent be told this permission is only for the petitioners to pay and hire consultants to get all background material and to put the plan into the form of a draft facility plan. Council Member Larson inquired whether at the staff level there would be contact with all property owners for input. Mr. Holzmiller said there was nothing in the Ordinance other than the plan must be distributed. He added staff could look at incorporating that into the process. Mayor Lewis opened the public hearing at 6:43 p.m., and issued the invitation to speak. Bob Ladwig, Rick Engineering, representing the applicant, addressed Council pointing out the form that had been sent to the property owners to sign. He read the last paragraph and stated before anyone signed this statement they understood that they did not waive their right or otherwise entitlement to openly oppose the plan when it comes forward for adoption by the City. Mr. Ladwig concluded, requesting Council approve this request to prepare local facilities management plan for Zone 22, stating the three applicants were not asking for reimbursement. 12 0 - COUNCIL \y 559 "0 J MEMBERS Z. ' 0 e MINUTES I April 2’1, 1987 Page 5 PUBLIC HEARINGS: (continued) Edward Schreiber, 1531 San Elijo, Cardiff, representing Ponto Storage Inc., Dale & Donna Schreiber, addressed Council reading from a copy of a letter that he presented to the Council Members. This letter was regarding flooding through the Ponto properties from the Lakeshore Gardens Mobilehome Park due to water and drainage from the new developments in the area. In response to Council query, Mr. Holzmiller stated those concerns would be addressed in the zone plan. Since no one else wished to speak on this item, the public hearing was closed at 6:48 p.m. Council authorized the Lusk Company, Sammis Carlsbad Associates, and Community Partners to prepare the Local Facilities Management Plan for Zone 22. I I HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:50 p.m., and reconvened at 6:56 p.m., with all Member present. DEPARTMENTAL AND CITY MANAGER REPORTS: (48) 11. AB 88859 - Supplement #4 - HOSP GROVE FINANCING. Assistant City Manager Ray Patchett gave the initial part of the report, with Finance Director 3im Elliott continuing, using transparencies to indicate the options available on the short-term financing and long-term financing for purchase of Hosp Grove. He recommended a short-term bank loan to July 1, 1987, followed by short-term notes until the November Election. At that time, the City would either proceed with GO Bonds if approved by votes, or issue Certificates of Participation if the bond issue fails. Paul Schwartz, 3544 Simsbury Court, representing the Carlsbad Chamber of Commerce, addressed Council stating March 18, 1987, the study group initiated their evaluation of the viable short-term and long- term funding strategies. This group worked with staff to provide additional information. Mr. Schwartz stated he was serving as spokeperson for that study group that has been meeting since March. Mr. Schwartz stated the real issue seemed to be the use of responsiblity in the physical management of determining the financing method--not the quickest or the easiest short-term fix. I 119 - Lewis Kulchin Pettine Mamaux X Larson 0 0 MINUTES April 21, 1987 \ Page 6 COUNCIL MEMBERS ( ( PUBLIC HEARINGS: (continued) Mr. Schwartz stated the group had met with staff, the banking industry, the legal community, private sector and the business people. This committee's recommendation was the City should consider conventional business steps. They encouraged and endorsed the intent of Mr. Elliott's recommendation to avoid the use of inter-fund loans to meet the obligation before the City. This committee suggested Council take out a bank loan for whatever period necessary with no prepayment penalty. This would allow the City sufficient time to issue a bond or participation notes. Mr. Schwartz stated the Chamber of Commerce discourages the use of inter-fund loans. This committee will continue to work on long-term financing and urged Council to adopt the strategies as outlined at this point. Council Member Pettine expressed concern regarding interest rates, stating they might be better today for the long-term financing than they would be in December. Council authorized staff to proceed with a bank loan for short-term funding through the end of 3une; selling bond anticipation notes for short term for the period beginning July 1 through the issuance of either GO Bonds or Certificates of Participation; then issuing GO Bonds if approved by the voters in November, or Certificates of Participation if the bond issue fails, with the understanding that actual time periods may vary to accommodate document processing. :70) 12. AB 118970 - PRELIMINARY ENGINEERING DESIGN - :451 BATIQUITOS LAGOON ENHANCEMENT PR03ECT. City Manager Frank Aleshire introduced this item, inntroducing Lillian Kawasaki, Project Manager for the Port of Los Angeles, and 3im Ross, Engineer, who will explain the work to be done at Batiquitos Lagoon. Jim Ross, CH2M Hill, explained what would be done, why it would be done, and the time schedule. Bill Dean, 765 Normandy, stated he was concerned about the sand going to the cities to the south. He felt it was important that the citizens are aware of the money and the plan. There were two important outcomes of the engineering study to be determined by the report in July. This study was to determine whether the $20 million project was feasible. If feasible, the agency should sign a Memo of Understanding so this project could proceed. Council adopted the following Resolution: RESOLUTION NO. 9028, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CHZM HILL, FOR THE PREPARATION OF THE PRELIMINARY ENGINEERING AND TECHNICAL STUDIES FOR THE BATIQUITOS LAGOON ENHANCEMENT PR03ECT. Lewis Kulchin Pet t ine M amau x Larson Lewis Kulchin Pettine Mamaux Larson I 118 I X X 0 MINUTES April 21, 1987 Page 7 I I DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) I (28) 13. AB #/885l -Supplement #2 -IMMIGRATION STUDY TASK FORCE REPORT. 4 Father A1 Capuchino gave the final report on the Immigration Study Task Force as contained in the Agenda Bill, stating the members of the Task Force were present to answer any questions. Father Capuchino stated all members of the task force felt there were still questions to be addressed and felt they would like to present some of there own ideas. Council Member Kulchin stated if the members had opinions, she would certainly like to hear those opinions. Council Member Kulchin stated she felt this was only a beginning and the Council should initiate or re-initiate this group, for specific recommendations. The possibility of the Task Force remaining active, and having off ice space in order to help the undocumented aliens, was discussed. Father Capuchino commented on the Police Department's sensitivity to the aliens and stated they should be commended for their contribution. The Council Members all expressed the desire to have the Task Force continue its work and to give input and make recommendations and suggestions to Council. Mayor Lewis stated he thought this task force would have opinions as to what they felt should be taking place in Carlsbad to help the undocumented aliens. He added they appreciated the information gathered by the Task Force and they would like the group to stay together and bring recommendations as to what should be done regarding the undocumented aliens. Dennis Meehan, 3981 Gloria Lane, stated he felt it was an excellent idea to put a group of people together sensitive to these issues. He felt the Task Force could make recommendations to Council, review and monitor what is going on in the community. Charles Skiff, 3990 James Drive, addressed Council, stating he congratulated the Members of this Task Force. Mr. Skiff stated one impact not addressed by the Task Force was the liability of the City in the form of civil rights suits in dealing with the suspected illegal aliens. I13 COUNCIL k %? -. MEMBERS 0 e MINUTES April 21, 1987 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Mr. Skiff proposed the City devise a standardized form to document any contacts between the illegal aliens and any City agency. There should be a brief narrative description of the contact, cause of contact, outcome and time spent. This information could be kept in a separate set of records to be used only in case of litigation in a civil rights suit. In answer to Council query, Mr. Skiff stated this would be a special form kept by the City, but not a police report. He stated he wanted to protect the City Officers, where there is a possibility of a large number of lawsuits out of civil rights being violated. Council accepted the Immigration Study Task Force final report, and asked staff to return with a Resolution for the extension of the Task Force, setting a time limit for that Task Force. (54) 14. AB 88972 - HIGHWAY 78. City Manager Frank Aleshire gave the report on this item as contained in the Agenda Bill. Council approved the concept of participating in funding for the widening of Highway 78 with a preference for Option 3-Table D, Cost Allocation Percentage, as explained in the Agenda Bill. PUBLIC COMMENT : There was no one present wishing to speak during the Public Comment portion of the meeting. COUNCIL REPORTS: SANDAG Council Member Mamaux reported on the SANDAG meeting, stating they discussed transportation services for disabled persons. CITY COUNCIL COMMENTS: Mayor Lewis stated he wanted Council to think about an executive session on April 28th to consider replacement of the City Manager. Council Member Pettine stated he met with 3ohn McDonald and had discussed the concept of a Regional Planning Task Force for North County. Mr. McDonald like the approach of a planning board and believed it was necessary the planners meet on a regular basis. Council Member Mamaux stated that would be an agenda item next week. 1 I/ 7 COUNCIL \? A9 /o I MEMBERS .2. ' Lewis Kulchin Mamaux Pet t ine X Larson Lewis Kulchin Pettine Mamaux x Larson * $, MINUTES April 21, 1987 Page 9 CITY MANAGER COMMENTS: City Manager Frank Aleshire gave an update on the Batiquitos Lagoon Enhancement. City Manager Frank Aleshire stated the Peak-Hour Traffic Management Program has been discussed and Jim Hagaman has been attending the meetings. They will be meeting next week with San Marcos and the North County staff people for recommendations to get this into effect. This may mean appointment of another task force or committee to work on this matter. AD30URNMENT : By proper motion the Meeting of April 21, 1987, was adjourned at 8:37 p.m. Respectfully submitted, M 2. a* ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk HB: tb IiT COUNCIL IT * 3 MEMBERS % ' -