HomeMy WebLinkAbout1988-01-26; City Council; Minutese 0 1
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: 3anuary 26, 1988
Time of Meeting: 6:OO p.m. COLDNClL I\$ %v /o %.p/ A
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,
MEMBERS 2. 8 .1
Pettine, Mamaux and Larson.
Absent : None.
PRESENTATION:
Mayor Lewis read a Proclamation declaring January 30,
1988, Hazardous Waste Awareness Day. Citizens can take
their household hazardous wastes to Coast Waste
Management Company, El Camino Real, on that day from
1O:OO a.m. to 3:OO p.m.
Gary Stephany, Director of Environmental Health
Services for the County of San Diego, and David Marx,
Hazardous Materials Management Unit of the County of San Diego, accepted the Proclamation.
Mayor Lewis announced that Council Members would attend
the Chamber dinner 3anuary 27, 1988, and the dedication
of Calavera Hills Park on Saturday, 3anuary 30.
CONSENT CALENDAR:
Council affirmed the action of the Consent Calendar, Lewis X
as follows: Kulchin 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.
1. AB f9273 - AMENDMENTS TO THE PART-TIME SALARY SCHEDULE.
Council adopted RESOLUTION NO. 88-15, adopting an adjustment to the part-time hourly salary plan for
the part-time employees.
2. AB 11974 - PURCHASE OF FIRE APPARATUS.
Council adopted RESOLUTION NO. 88-16, approving the
purchase of a triple combination pumper.
3. AB f9275 - REQUEST FOR APPROVAL OF OUT-OF-STATE
TRAVEL REQUIRED FOR BATIQUITOS LAGOON ENHANCEMENT
PR03ECT.
Council adopted RESOLUTION NO. 88-17, approving
request of out-of-state business travel required for the Batiquitos Lagoon Enhancement Project.
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CONSENT CALENDAR: (Continued)
4. AB #I7158 - Supplement 815 - THIRTY-SIXTH SUPPLEMENT
TO THE ENCINA 30INT POWERS BASIC AGREEMENT.
Council adopted RESOLUTION NO. 88-20, authorizing the City of Carlsbad to execute the thirty-sixth
supplement to the basic agreement to provide for
the design of Phase IV of the Encina Water
Pollution Control Facility and the design and
construction of interim improvements to Unit 3 of
said facility and approving revisions to the Encina
Capital Improvement Budget.
PUBLIC COMMENT:
Dr. David Castner, 1550 Sunrise Circle, addressed
Council on the financing of Hosp Grove, stating Council
had been given a proposal for financing that was
rebuffed by a four to one vote. He stated the first
payment would be due no later than June 30, 1988, and for twenty years, every six months, a payment of
$350,000 to $400,000 would be due. Also, the City will
have to pay one half million dollars to rework the
intersection at Monroe and Marron.
Dr. Castner requested this item be placed on the agenda
to have a positive plan for the payment of Hosp Grove.
Kip McBane, 2691 Crest Drive, stated he was not allowed
to speak on the agenda item last week, and wanted to state all information is now public record, and he did
not feel any further time should be spent on the comments made by Council Member Mamaux and Mr. McBane.
He proposed this matter be put behind them and Council ’
Member Mamaux and Mr. McBane shook hands.
Council agreed this resolved Item #I1 on the 3anuary
19, 1988, Agenda. The City Manager stated that the item would be filed rather than returned to Council at
their February 2, 1988, meeting.
ORDINANCES FOR ADOPTION:
5. AB 89270 - TRANSCRIPT OF CITY COUNCIL MEETINGS.
Council adopted the following Ordinance:
X Mamaux THE CARLSBAD MUNICIPAL CODE RELATING TO TRANSCRIPTS OF
xx Kulchin
X Lewis
CITY COUNCIL MEETINGS. Larson X
PUBLIC HEARINGS:
6. AB W9252 - Supplement #I - WINE COOLER AND SPIRIT
ORDINANCE NO. NS-4, AMENDING TITLE 1, CHAPTER 1.20 OF X Pettine
COOLER RECYCLING PROGRAM.
Jim Hagaman, Research/Analysis Director, gave the staff
report as contained in the Agenda Bill, adding the
item was continued from the 3anuary 12, 1988, meeting
at the request of the Retail Grocers.
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PUBLIC HEARINGS: (Continued)
Mayor Lewis opened the Public Hearing at 6:12 p.m., and
issued the invitation to speak.
Charles Schultz, Attorney, 388 Lemon Street,
representing the Retail Liquor Dealers Association and
the California Grocers Association, requested Council
not take action on this ordinance, but table it until after the Legislature adjourns in September. If
Carlsbad enacted this Ordinance, and the Legislature failed to act, this would place a heavy burden on the
dealers for labeling, disposal and storage of the containers.
Since no one else wished to speak on this item, the
public hearing was closed at 6:19 p.m.
Council Member Mamaux stated he would abstain on this matter to avoid any possibility of a conflict of
interest.
Council introduced the following Ordinance: Lewis X
Kulchin xx
ORDINANCE NO. NS-1, AMENDING TITLE 6 OF THE CARLSBAD X Pettine
MUNICIPAL CODE BY ADDING CHAPTER 6.18 ESTABLISHING A
CONTAINERS.
X Larson REDEMPTION VALUE FOR WINE COOLER AND SPIRIT COOLER
) Mamaux
7. AB it9276 - MOBILEHOME PARK PEERMIT AND WAIVER OF TENTATIVE AND FINAL MAP FOR THE SOLAMAR MOBILEHOME
PARK - RMPH 87-1 - SOLAMAR MOBILEHOME ESTATES.
Dee Landers, Associate Planner, gave the staff report
as contained in the Agenda Bill, using transparencies '
to show the site, the individual lots and the abatement
program. Miss Landers referred to the change in
Condition 23, contained in the Planning Department
memorandum dated January 26, 1988, and Amendments to
Abatement Program, copies of which were distributed at
this meeting. Slides of the park were shown, showing
the non-critical non-conformances and the critical non-
conformances in the park.
Marty Orenyak, Community Development Director,
discussed the funding, stating the City was working
with the State and County of San Diego regarding
financial assistance for the eleven applicants who
qualified for low/moderate income assistance. The funds could come from the 20 percent set-aside
fund for low/moderate income assistance in the
Redevelopment Area or could come from the block grant
fund. Mr. Orenyak indicated there was money available
in both funds.
Captain Mike Smith, Fire Department, stated the
Department's concern about the four travel trailers
located on the site that present a fire problem. These trailers have become permanent and the utility
hookups were temporary and not designed to handle the
weather; also there is no access to the back side of
the property for emergency vehicles.
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3anuary 26, 1988 Page 4
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Captain Smith stated the homeowners association would
own this property and would offer a life lease to the
people living there now, and at the conclusion of that,
the spaces would be converted to guest parking. There
was a question as to how the life lease was determined,
and the City Attorney stated that would be determined
at a later time.
Mayor Lewis opened the public hearing at 7:OO p.m., and
issued the invitation to speak.
Sue Loftin, Attorney, Continental Associates, 7970
Convoy Court, San Diego, stated all Conditions had been
resolved with the exception of 1\13 and R15. She
commented Condition 810 should be changed to read as
amended to include the amendments dated 3anuary 21,
1988, distributed tonight. Ms. Loftin stated it
should be made clear that the date of the
commencement of the abatement period should be the date of the recordation of compliance, and that should be
reflected in Condition 1/10. She also spoke in favor of the funding assistance.
Ms. Loftin requested Condition 1\15 be deleted, or the
number of trailers be reduced by two, as these trailers are for the convenience of guests staying in the park.
Ms. Loftin addressed the issue of the two Spaces, 35
and 58, in Condition 13, stating these tenants would
suffer a great economic loss if their homes were
removed.
Ken Discenza, Site Design Associates, Inc., the
Engineer on the project, 8085 La Mesa Boulevard, Suite 100, La Mesa, spoke on the two spaces in question--#35
and 1/58. He presented exhibits to Council showing the
potential uses for each space to enable them to meet all setbacks.
John Vincent, 875 West Vista Way, mobilehome dealer,
distributed exhibits to Council Members showing coaches
that would be proper for Spaces 835 and #58. Variances
would be needed for the parking spaces.
Chuck French, 6532 Oceanview Drive, stated at the last
hearing reference was made to a letter from a single
resident to Council Member Pettine regarding the two
spaces, #35 and 1\58. He stated he had another letter
responding to the views previously stated--and this was
from 110 residents. Mr. French read the letter
refuting the claim made by that tenant in the previous
letter and stating the majority of the tenants felt those two people should have the same privilege of
buying their space as their neighbors. Query by
Council Members determined this letter went to the
Planning Department and the other Council Members had
not seen the letter.
Don Williams, Chairman of the Solamar Park Purchase
Committee, 204 Sea Breeze, thanked City staff for their
efforts and gave a brief overview of why the tenants
were before Council tonight and a history of how the
conversion proposal originated.
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PUBLIC HEARINGS: (Continued)
3ack Lester, Solamar, 6509 Easy Street, stated he
lived in Space IF.35, and the unit is hooked up and has
all necessary services. He requested a variance to
allow him to purchase this lot. Mr. Lester told of the
improvements he has made to the property and added the
walkway is a convenience only, and not a necessity. It
could be closed to pedestrians.
Isabelle Preen, 6525 Easy Street, Solamar, addressed
Council stating she would like to present some positive
thoughts in favor of the conversion. She stated the
majority of the tenants at Solamar are senior citizens
who would like some control over their destiny, and
feel they can keep maintenance costs under control in
the park and improve the property.
Since no one else wished to speak on this item, the
public hearing was closed at 7:31 p.m.
Council Members stated they felt Spaces f35 and #58
could remain, since there was no safety factor involved,
but all felt safety concerns required the four travel
trailers should be removed.
Council directed the City Attorney's Office to prepare Lewis X
documents approving RMHP 87-1 and a waiver of a Kulchin X
tentative and final map and directed the City Engineer Pettine X
to prepare a Certificate of Compliance; deleting Mamaux X
Condition #13; modifying Condition #IO and replacing Larson xx
Condition #23 with the new condition as contained in
the Planning Department Memorandum dated January 26,
1988.
RECESS :
Mayor Lewis declared a recess at 7:43 p.m., and Council
re-convened at 7:55 p.m., with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB /I9277 - SISTER CITY PROGRAM - FUTTSU, 3APAN.
Grace Manues, Research/Analysis Department, gave the
staff report as contained in the Agenda Bill.
Council adopted the following Resolutions: (one Lewis X
motion)
X Larson CITY OF FUTTSU, 3APAN, TO BECOME ITS SISTER CITY.
X Mamaux RESOLUTION NO. 88-18, ACCEPTING AN INVITATION FROM THE
X Pettine
xx Kulch in
RESOLUTION NO. 88-19, ESTABLISHING THE SISTER CITY
STEERING COMMITTEE (SCSC) TO BE RESPONSIBLE FOR THE
SISTER CITY PROGRAM IN CARLSBAD.
9. AB !I9278 - EMERGENCY REPAIRS TO SEWER MAIN EAST
SIDE OF INTERSTATE 5 SOUTH OF POINSETTIA.
Ralph Anderson, Director of Utilities/Maintenance, gave
the staff report as contained in the Agenda Bill, using
a transparency to show the location of the broken sewer
line.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Council adopted the following Resolution:
10. AB 119272 - Supplement 111 - PROPOSED GUIDELINES FOR
X Larson AN 18" SEWER MAIN.
X Mamaux THE EXPENDITURE OF FUNDS TO MAKE EMERGENCY REPAIRS TO
xx Kulchin X Lewis
RESOLUTION NO. 88-21, ACCEPTING BIDS AND AUTHORIZING X Pettine
COUNCIL, COMMISSIONS AND COMMITTEES.
Mayor Lewis stated the City Attorney had said the
California Fair Political Practices Commission has a
regulation under consideration which could solve the
problem currently before the Council and eliminate any
need for additional Council action. A committee has been appointed comprised of representatives from the
City Attorney's Department of the League of California Cities and the Commission staff to consider a new
regulation dealing with this problem.
Mayor Lewis recommended Council defer action on the
proposed City Council guidelines and refer this Agenda
Bill to the City Attorney's Office with instructions that he actively monitor the Commission's proceedings
and report back to Council the results of the Commission's deliberations.
Council deferred action on the proposed City Council Lewis xx
guidelines and referred Agenda Bill 9272 - Supplement Kulchin X
111 - to the City Attorney's Office with instructions Pettine X
that he actively monitor the California Fair Political Mamaux X
Practices Commission's actions, and report any action Larson X
to Council.
COUNCIL REPORTS:
Palomar Airport Advisory Committee
Council Member Pettine reported on a recent meeting,
where noise abatement and the new Trans-World flights
out of Palomar were discussed.
Mayor Lewis suggested the County be requested to make a
presentation to Council and serious discussion be held regarding a curfew on flights out of Palomar.
SANDAG
Council Member Mamaux reported on recent activities.
NCTD
Council Member Kulchin reported on negotiations between
NCTD and Santa Fe Railroad on purchasing a spur between Oceanside and Escondido for passengers and freight.
North County Mayors' Meeting
Council Member Kulchin reported on a recent meeting.
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COUNCIL REPORTS: (Continued)
Reaional Sub-committee .,
Mayor Lewis reported there will be a meeting on
Thursday to discuss the agenda being prepared by SANDAG .
CLOSED SESSION:
11. CLOSED SESSION PENDING LITIGATION.
12. CLOSED SESSION PENDING LITIGATION.
Council, by unanimous consensus, adjourned to a Closed
Session at 8:25 p.m., to discuss the Shape11 v. City of
Carlsbad pending litigation and the Western Properties
Services v. City of Carlsbad pending litigation.
Council re-convened at 8:58 p.m., with all Members
present. Mayor Lewis announced the Council instructed
the City Attorney regarding the litigation.
AD30URNMENT: ~~
By proper mtion, the Meeting of January 26, 1988, was adjourned at 8:58 p.m., to the Poinsettia Room, La
Costa Hotel and Spa, 6:30 p.m., Wednesday, 3anuary 27,
1988, to allow attendance at the Chamber of Commerce installation dinner.
Respectfully submitted,
(gLGZ3LJe-
ALETHA L. RAUTENKRANZ
City Clerk
(gLGZ3LJe-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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