HomeMy WebLinkAbout1988-01-19; City Council; Minutes0 0 MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting : 3anuary 19, 1988 Time of Meeting: 6:OO p.m. /\q
Place of Meeting: City Council Chambers COUNCIL % % A MEMBERS % $5
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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 Reverend Cathy Carver of the
Unity Center of Light Church.
PLEDGE OF ALLEGIANCE was led by Council Member Mamaux.
CONSENT CALENDAR:
Council Member Mamaux requested Item f4 be removed from
the Consent Calendar.
Mayor Lewis requested Item f5 be removed from the
Consent Calendar.
Council affirmed the action of the Consent Calendar, Lewis X
with the exception of Items 84 and 775, as follows: Kul chin xx
Pettine X
Mamaux X
Larson X
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances
and Resolutions at this Meeting.
(81) 1. AB /I9264 - ACCEPTANCE OF GRANT DEED FOR DRAINAGE
PURPOSES.
Council adopted RESOLUTION NO. 88-11, accepting a
grant deed conveying an easement for public storm
drain facilities access across a portion of lot 269
of CT 83-21, off Tamarack Avenue.
(99) 2. AB W7469 - Supplement 83 - ACCEPTANCE OF PUBLIC
IMPROVEMENTS - CT 83-13 - FLOWER FIELDS.
Council accepted the improvements of CT 83-13,
authorized the City Clerk to record the Notice of
Completion and release bonds appropriately, and
directed the Utilities and Maintenance Department
to commence maintaining the public streets
associated with the subdivision.
(50) 3. AB 119265 - REFUND OF FEES.
Council approved the refund of $5,098.93 to
Paradise Bakery for overpayment of fees.
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CONSENT CALENDAR: (Continued)
4. AB 89266 - USE OF NONPRIME AGRICULTURAL MITIGATION
FEES FOR CONSTRUCTION OF A BEACH ACCESS STAIRHAY.
This item was removed from the Consent Calendar.
5. AB 119267 - LIST OF VACANCIES IN APPOINTIVE OFFICES
FOR 1988.
This item was removed from the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
4. AB #9266 - USE OF MONPRIME AGRICULTURAL MITIGATION
FEES FOR CONSTRUCTION OF A BEACH ACCESS STAIRHAY.
Council Member Mamaux read the Agenda Bill and thanked
the Representatives and staff for requesting this use
of the mitigation fees to benefit the people of
Carlsbad.
Council Member Larson asked for clarification on the
project selection process, and staff, using a
transparency, explained how the priorities were
determined.
Council adopted the following Resolution: Lewis X
Kulchin X
FEES ON DEPOSIT HITH THE CALIFORNIA COASTAL CONSERVANCY Mamaux xx
REQUIRED FOR THE DEVELOPMENT OF NONPRIME AGRICULTURAL Larson X
LAND IN THE COASTAL ZONE HITHIN THE CITY OF CARLSBAD
FOR THE CONSTRUCTION OF A BEACH ACCESS STAIRNAY AT
MAPLE AVENUE HITHIN THE CITY OF CARLSBAD.
RESOLUTION NO. 88-12, SUPPORTING THE USE OF MITIGATION X Pettine
5. AB 119267 - LIST OF VACANCIES IN APPOINTIVE OFFICES
FOR 1988.
Mayor Lewis referenced the item and encouraged people
to apply. He added he hoped the newspapers would
publicize this information so citizens become aware of
the vacancies occurring in 1988.
Council acknowledged receipt of the list of vacancies Lewis xx
in appointive offices for 1988, and directed the City Kulchin X
Clerk to publish and post the list. X Pet t ine
Mamaux X
Larson X
PUBLIC COMMENT:
Mae gohnson, 7227 Mimosa Drive, addressed Council on
behalf of the League of \omen Voters, Carlsbad Unit,
commending Council for the additions made to facilitate
citizen participation in Council meetings, including the information on the Agenda and the information stand
at the rear of the Chambers.
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Lawrence Naritelli, 2556 Cornwall Street, Oceanside,
addressed Council on behalf of six video production
companies who were defrauded of money on the Carlsbad
5000. He suggested the City add $1.00 to the entry fee
this year to compensate the production companies for
the loss experienced last year.
Council asked staff to investigate this matter.
ORDINANCES FOR ADOPTION:
6. AB ]I6955 - Supplement 52 - AMENDMENTS AND ADDITIONS
TO THE PURCHASING SECTIONS OF THE CARLSBAD MUNICIPAL
CODE.
Council adopted the following Ordinance:
X Larson SECTIONS TO REVISE THE CITY PURCHASING PROCEDURES.
X Mamaux THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS
xx Kul chin
X Lewis
ORDINANCE NO. NS-2, AMENDING TITLE 3, CHAPTER 3.28 OF X Pettine
7. AB 89263 - SPEED LIMIT ON A PORTION OF ELM AVENUE.
Council adopted the following Ordinance:
X Larson 10.44.080 TO EXTEND THE SPEED ZONE ON ELM AVENUE FROM
X Mamaux THE CARLSRAD MUNICIPAL CODE BY THE REVISION OF SECTION
X Pettine ORDINANCE NO. NS-3, AMENDING TITLE IO, CHAPTER 10.44 OF
xx Kulchin
X Lewis
DONNA DRIVE TO EL CAMINO REAL.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB !I9268 - CARLSBAD OFFSHORE ARTIFICIAL REEF.
Council Member Kulchin commended Chairman Mario Monroy
of the Beach Erosion Committee for his work on the
beach erosion problem.
3ohn Grant, Fish and Game Department, addressed Council
telling of the benefits of the reef, particularly the
increasing of the sport fish population. At one time
the lagoons were open to the ocean and many species spent part of their life in the lagoons. It is the hope
that this would occur again.
Mr. Grant stated there would be a localized circle of
sand movement, but nothing significant. Mr. Uilson
added the reefs would be at a depth of 35 to 50 feet,
and there would be no changes in the ocean area except
for the enhancement of the fish.
Ken Nilson, State Marine Biologist, continued the
presenta$ion, stating the aerial photographs would be
put on charts and this would indicate where existing
reefs are and would help find areas suitable for the
artifical reef according to the depth of the water.
This reef would have no effect on the boating traffic.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
The entire cost of the reef project is to be borne by
the Fish and Game Department and will need the
endorsement of a variety of agencies, including the
State Coastal Commission and the Army Corps of
Engineers.
In answer to Council query regarding correlating the
Batiquitos Lagoon Enhancement Program and this project,
staff indicated the same consultant, Tekmarine, Inc.,
would be working on both projects.
Council adopted the following Resolutions: (one Lewis X
motion) Mulchin xx
Pettine X
CALIFIORMIA, DEPARTMENT OF FISH AND GAME'S SITING OF AN Larson X
OFFSHORE ARTIFICIAL REEF ALONG THE CARLSBAD COASTLINE.
RESOLUTION NO. 88-13, SUPPORTING THE STATE OF X Mamaux
RESOLUTION NO. 88-14, APPROVING AN AMENDMENT TO AN
EXISTING AGREEMENT BETHEEN THE CITY OF CARLSBAD AND
TEKMARINE, INCORPORATED, TO PROVIDE CONSULTANT SERVICES
CONSTRUCTION SURVEY OF A PROPOSED OFFSHORE ARTIFICIAL
REEF.
FOR REED SITE EVALUATIONS DESIGN REVIEH, AND POST-
9. AB W9269 - REPORT ON COUNTY HAZARDOUS HASTE MASTER
PLANNING ACTIVITIES.
Ralph Anderson, Utilities/Maintenance Director,
introduced this item, and introduced David Merk, from
San Diego County Health Department, who gave a complete
report om the County's hazardous waste master planning
activities.
Council accepted the report as presented.
IO. AB M270 - TRANSCRIPT OF CITY COUNCIL MEETINGS.
Council introduced the following Ordinance:
X Larson CITY COUWCIL MEETINGS.
X Mamaux THE CARLSBAD MUNICIPAL CODE RELATING TO TRANSCRIPTS OF
xx Kul chin
X Lewis
ORDINANCE NO. NS-4, AMENDING TITLE 1, CHAPTER 1.20 OF X Pettine
11. AB #9271 - COUNCIL RESPONSE TO PUBLIC COMMENT - KIP
M cBAWE .
Council Member Mamaux requested this item be deferred
two weeks, and he read a prepared statement dated
3anuary 18, 1988, giving his reasons for this request.
Council continued this item until February 2, 1988. Lewis X
Kulchin xx
Pettine
X Mamaux
X
X Larson
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
12. A5 f9272 - PROPOSED GUIDELINES FOR COUNCIL,
COMMISSIONS AND COMMITTEES.
Council Member Mamaux read the proposed guidelines for
public discl.osure, as contained in the Agenda Bill. He
added the followj-ng changes: Under Item #I, add "or
residents in the same domicile", and add a fourth
condition, "If a memher is a participant or a member of
an organization that has shown public interest in the
property under review, that should be disclosed.''
Dan Hammer, 4015 Isle Drive, spoke in opposition to the
proposed guidelines, stating they did not include any
reference to business dealings or political
contributions. He requested the item be tabled for
further study.
Council Member Larson stated he felt the term
"immediate family" should be specifically defined
throughout the guidelines. If it means husbands, wives
and children, then it should be defined.
Council Member Pettine objected to the guidelines
stating conflict of interest is governed by State
law and none of these conditions touch on the subject
of money, He stated the City should address the issue
of money--have monies been received, have they worked or been employed by them or had a business
relationship.
Mayor Lewis stated the public has a right to be aware
of the relationship existing between any member of a
City body and anyone appearing before that body. He
felt there should be guidelines in writing for the
benefit of any person serving in a City capacity.
Council Member Mamaux reiterated these were items of
disclosure and did not necessarily involve conflict of
interest *
Council Member Pettine suggested a fifth condition to
require full disclosure of monies received and prior
business relationships on all items before the
Commissions and Council.
Council directed staff to return this item January 26, Lewis xx
1988, with the five conditions suggested and the wording Kulchin X
changes recommended. Pettine X
Mamaux X
Larson X
INFORMATION ITEM ONLY:
13. REPORT ON CITY INVESTMENTS.
City Treasurer's report on the status of the City's
investment portfolio as of January 1, 1988.
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COUNCIL REPORTS:
NCTD
Council Member Kulchin reported on recent activities,
including AMTRAK savings.
Beach Erosion Committee
Council Member Kulchin reported on a meeting to be held
January 21.
DARE Program
Council Member Kulchin reported it is hoped to include
this proqram in both elementary schools in the southern
part of the City.
Buena Vista Lagoon Committee
Mayor Lewis reported on a recent meeting and told of
improvements to be made at the Lagoon.
RECESS :
Mayor Lewis declared a recess at 7:55 p.m. 9 and Council
re-convened at 8:OO p.m. f with all Council Members
present.
CLOSED SESSION:
(41) 14. CLOSED SESSION PENDING LITIGATION.
By unanimous consensus, Council adjourned to a Closed
Session at 8:OO p.m., to discuss Van bey v. Coastline
pursuant to Government Code Section 54956.9(a).
I Council re-convened at 8:37 p.m., having given
instructions to the City Attorney regarding the
litigation.
AD30URNMENT:
By proper motion, the Meeting of 3anuary 19, 1988, was
adjourned at 8:37 p.m.
Respectfully submitted,
aLk&f&R@y
ALETHA L, RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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