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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. la 0 0 I January 26, 1988 Page 2 COUNCIL \$ % ?A .A MEMBERS % $3 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. II e 0 I 3anuary 26, 1988 COUNCIL p$$ % 9L Jb Page 3 MEMBERS % $5 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. IO a 0 I 3anuary 26, 1988 Page 4 1 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. n Y I COUhlClL /\q %=v "0 %9/ A MEMBERS Z. @ $ 0 0 I 3anuary 26, 1988 Page 5 COUNCIL /\q %9 "0 %.9/ A MEMBERS .Z. 8 $ 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. 8 0 0 I January 26, 1988 Page 6 COUNCIL y$$ii$ ?? 9L A MEMBERS % %% 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. 3 * e I January 26, 1988 Page 7 ~~ 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 6 - COUNCIL \$$ ?5 -55 A MEMBERS % $%