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Home My WebLink About1987-11-17; City Council; Minutes& s 0 0 MINUTES (70) (91) (45) (26) (47) (45) Meeting of: CITY COUNCIL (Regular Meeting ) Date of Meeting: November 17, 1987 Time of Meeting: 6:OO p.m. 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 given by Father Joseph Mullen of the Society of Jesuits. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. PRESENTATLON: Mayor Lewis read a Proclamation proclaiming November 20 - 28, 1987, as FAMILY WEEK. The Proclamation was accepted by Mae Johnson, President of Family Service Association. CONSENT CALENDAR: Counci.1 affirmed the action of the Consent Calendar, as Lewis follows : Kulchin X Pettine Mamaux Larson WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meetha. 1. AB 87403 - Supplement 1.1 - REVISION TO AGREEMENT FOR MAINTENANCE AND USE OF LA COSTA MEADOWS SCHOOL SITE. Council adopted RESOLUTION NO. 9293, approving an agreement between the City of Carlsbad and the San Marcos Unified School District for joint use of Fuerte Park and La Costa Meadows School and authorizing the Mayor to execute said agreement. 2. AB j.9220 - SEGREGATION OF ASSESSMENTS. Council adopted RESOLUTION NO. 9294, establishing a fee for processing land and assessment division application pursuant to the provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. 3. AB 89221 - EROSION CONTROL SERVICES. Council adopted RESOLUTION NO. 9295, authorizing the maintenance of a list of qualified firms for providing erosion control services to the City. 346 . 0 0 MINUTES (50) (59) (28) (97) (26) 5 November 17, 1987 Page 2 COUNCIL \p %9 /o J MEMBERS Z. ' CONSENT CALENDAR: (Continued) 4. A6 f9222 - 1987-88 APPROPRIATION LIMIT. Council adopted RESOLUTION NO. 9296, establishing the 1987-88 appropriation limit as required by Article XIIIB of the California State Constitution and State Law. 5. AR #I9223 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL. Council approved the out-of-state travel request for the Information Systems Director to attend training. PUBLIC COMMENT: There were no requests filed to speak during the Public Comment period. DEPARTMENTAL AND CITY MANAGER REPORTS: 6. A6 88901 - Supplement 82 - CHILD CARE TASK FORCE PROGRESS REPORT AND EXTENSION REQUEST. 3im Hagarnan, Director of Research/Analysis, gave the staff report, stating the Child Care Task Force had requested an extension to February 15, 1988, to complete their report. Council accepted the progress report and granted an Lewis extension to February 15, 1988, for the final report. Kulchin Pettine Marnaux X~ Larson 7. AB #8743 - Supplement A2 - CONSTRUCTION CHANGE ORDER NUMBER 1 TO ELM AVENUE IMPROVEMENTS EAST OF EL CAMINO REAL. City Manager Ray Patchett announced that the matter was resolved per a letter received from Lusardi Construction Company. Therefore, Council could consider this matter withdrawn from the Agenda. 8. AB !#8249 - Supplement f9 - CHANGE ORDERS FOR THE COLLEGE BOULEVARD ASSESSMENT DISTRICT. 3ohn Cahill, Municipal Projects Manager, gave the staff report as contained in the Agenda Bill, using slides to show the progress on the project. Council adopted the following Resolution: Lewis RESOLUTION NO. 9298, APPROVING PR03ECT CHANGE ORDER Pettine NOS. 4, 5 AND 6 FOR THE COLLEGE BOULEVARD ASSESSMENT Mamaux DISTRICT, PR03ECT NO. 3188. Larson Kulchin X 345 ~ I I 0 0 MINUTES November 17, 1987 Page 3 I I DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) (97) 9. AB /I8589 - Supplement #Z - NOTICE OF COMPLETION FOR (45) CONSTRUCTION OF IMPROVEMENTS TO TAMARACK AVENUE FROM ADAMS TO HIGHLAND. John Cahill gave the staff report as contained in the Agenda Bill, using a transparency to show the area of improvement. He explained there were four future improvement agreements discovered, with one owner protesting the amount of the improvement costs. In answer to Council query, Mr. Cahill stated the City had picked up the extra costs over the original estimates, due to the fact the owners were not given a notice prior to the City performing the work. Lorna Walker, 1271 Tamarack Avenue, addressed Council, giving a history of their experience with the project. She stated they were not told about the future improvement agreement at the time they purchased this property. She stated the payment of over five thousand dollars would be a hardship on them and she felt they should not have to pay this assessment. Mrs. Walker admitted this agreement was noted on the title report, but she and Mr. Walker did not take notice of it at that time. She stated that such agreements were not fair, and the agreement was breached by the City; therefore, they should not have to pay. Mr. Cahill stated there was no evidence the owners could have gotten the work done for any less amount than that charged by the City. In response to Council query, the City Attorney stated the Future Improvement Agreements are legally enforceable. Council adopted the following Resolution and determined to require payment of the future improvement agreement within 120 calendar days: RESOLUTION NO. 9299, ACCEPTING THE CONSTRUCTION OF THE TAMARACK AVENUE WIDENING FROM ADAMS TO HIGHLAND, PROJECT NO. 3144. (70) IO. AB #I9218 - REPORT ON STATUS OF MEETING WITH U. S. ARMY CORPS OF ENGINEERS CONCERNING CARLSBAD BEACH EROSION. (70) IO. AB #I9218 - REPORT ON STATUS OF MEETING WITH U. S. ARMY CORPS OF ENGINEERS CONCERNING CARLSBAD BEACH ~~ ~~ EROSION. ~~ Council Member Kulchin gave the report on this item, stating the meeting will be December 1. She stated only a little sand has returned to the Carlsbad beaches and there is concern about the damage the winter storms may do to those beaches. 3vv - \y 5 COUNCIL % 3 MEMBERS % f I I I Lewis Kulchin Mamaux Pettine X Larson (40) (39) 0 0 MINUTES 5 November 17, 1987 Page 4 COUNCIL \y %9 "0 J MEMBERS Z. ' I 1 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 11. AB /I9207 - APPOINTMENTS TO CARLSBAD BUILDING AUTHORITY. Council adopted the following Resolutions: (one mot ion ) RESOLUTION NO. 9279, RECOMMENDING TO THE BOARD OF SUPERVISORS, SAN DIEGO COUNTY, CALIFORNIA, THE APPOINTMENT OF MARVIN CAP TO THE CITY OF CARLSBAD BUILDING AUTHORITY. RESOLUTION NO. 9280, RECOMMENDING TO THE BOARD OF SUPERVISORS, SAN DIEGO COUNTY, CALIFORNIA, THE APPOINTMENT OF DONALD POOL TO THE CITY OF CARLBAD BUILDING AUTHORITY. INFORMATION ITEM ONLY: 12. REPORT ON CITY INVESTMENTS. Report from the City Treasurer concerning the status of the City's investment portfolio as of November 1, 1987. COUNCIL REPORTS: I North Countv Landfill Coalition ~~ Council Member Pettine reported on the meeting regarding the siting of a landfill. He stated he would monitor this item for the Council. 3AC - Council Member Mamaux reported the item to license Sycamore Canyon for a sludge disposal site had been removed from the docket due to an error in the application, but would be put back for consideration. Lewis Kulchin Pettine Mamaux Larson X I i CityfSchool Committee Council Member Mamaux reported the Committee is meeting regularly and the attorneys will meet December 2 to finalize the Senior Center agreement between the School District and the City. I ~ II Buena Vista Lagoon Committee I II Council Member Larson reported on the letter sent out regarding the duck feed4.ng area and the grant received for improving that area, The State Fish and Game Department needs pressure to have them complete the CEQA requirements to avoid losing the grant money. League of California Cities Council Member Kulchin reported on a recent meeting. 393 I II . c * m MINUTES November 17, 1987 Page 5 COUNCIL REPORTS: (Continued) SANDAG Council Member Kulchin reported there had been a thank- you from SANDAG for work done on Proposition A. Beach Committee Council Member Kulchin reported on a recent meeting. NCTD Council Member Kulchin updated recent activities. CITY ATTORNEY COMMENTS: City Attorney Vincent Biondo reported on the trash-to- energy litigation. CLOSED SESSION: (41) 13. CLOSED SESSION PENDING LITIGATION. City Council. authorized a closed session regarding pending litigation, as follows: Council to hold a closed session to discuss the Apostolic Assembly of the Faith in Jesus Christ v. City of Carlsbad, et al, Case No. N39664, pursuant to Government Code Section 54956.9(a). Council adjourned to a Closed Session at 7:25 p.m., and re-convened at 7:33 p.m. Council heard the report of the City Attorney and directed him to proceed. AD30URNMENT: By proper motion, the Meeting of November 17, 1987, was adjourned at 7:34 p.m. Respectfully submitted, u d 9 ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 342 7 Lewis Kulchin Pettine X' Mamaux Larson 1 I