HomeMy WebLinkAbout1988-04-05; City Council; Minutes0 e MINUTES
D Meeting of: CITY COUNCIL (Regular Meeting)
Date of MeetinG: April 5, 1988
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 Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
APPROVAL OF MINUTES:
Minutes of the Regular Meetina held March 15, 1988,
were approved as presented.
Minutes of the Special Meeting held March 22, 1988,
were approved as presented.
Minutes of the Reaular Meeting held March 22, 1988, were approved as presented.
I PRESENTATION:
COUNCIL b 3
MEMBERS %
Kulchin
Lewis
Kulchin
Pettine
Mamaux
Larson
Mayor Lewis read a Proclamation declaring April as
Earthquake Preparedness Month. The Proclamation was
accepted by Fire Chief West and Daryl games, Fire
Inspector.
Mayor Lewis requested the Housing and Redevelopment
Commission meeting and Items 1/16 and 1\17 be taken out of
order following Item #12, and Council concurred.
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I CONSENT CALENDAR: I I
Council Member Mamaux requested Item All be removed from
the Consent Calendar.
Council affirmed the action of the Consent Calendar,
with the exception of Item #11, as follows:
WAIVER - OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
(112) 1. AB 89358 - DECLARATION OF PUBLIC NUISANCES IN
CON3UNCTION WITH THE WEED ABATEMENT PROGRAM.
Council adopted RESOLUTION NO. 88-102, declaring as
public nuisances weeds, rubbish, and refuse upon private property in the City of Carlsbad, and
directed staff to set the matter to public hearing
on April 19, 1988.
Lewis
Kulchin
Pettine
Mamaux
Larson
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CONSENT CALENDAR: (Continued)
2. AB f9359 - THIRTEENTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT MANAGEMENT AND IMPLEMENTATION
AGREEMENT.
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Council adopted RESOLUTION NO. 88-103, approving an
agreement between the City of Carlsbad and the
County of San Diego for management and
implementation of 13th year community development
block grant projects, authorizing the Mayor to
execute said agreement and appropriating funds.
3. AB f9360 - REFUND OF FEES.
Council approved a refund of $2,384.47 to Kiku
Kaplan for overpayment of fees.
4. AB f9361 - ACCEPTANCE OF GRANT DEED FOR WATER LINE
PURPOSES.
Council adopted RESOLUTION NO. 88-104, accepting a
grant deed from Allan S. Bird conveying an easement
for water line purposes off Camino Vida Roble.
5. AB f9362 - ACCEPTANCE OF GRANT DEED FOR SEWER
EASEMENT PURPOSES.
Council adopted RESOLUTION NO. 88-105, accepting a
grant deed from Dyna Industries, Inc., conveying an
easement for sewer purposes off Yarrow Drive.
6. AB f9363 - OUT-OF-STATE TRAVEL REQUEST.
Council adopted RESOLUTION NO. 88-106, authorizing
the Library Director to travel to Washington, D.C.,
to attend the 14th annual American Library
Association National Library Week Legislative Day,
April 17-19, 1988.
7. AB #9364 - ACCEPTANCE OF DONATION.
Council accepted a donation of $900 from Capitol
Bank of Carlsbad and Economy Inns of America to
help offset the cost of the Parks and Recreation
Department Annual Easter Egg Hunt.
8. AB #9365 - MATERIALS TESTING SERVICES FOR CAPITAL IMPROVEMENT PROJECTS.
Council adopted RESOLUTION NO. 88-107, approving
agreements between the City of Carlsbad and
American Engineering Laboratories, Southern
California Soils and Testing, Incorporated, and
Leighton and Associates for annual material testing
services for capital improvement projects.
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9. AB #9366 - JANITORIAL SERVICES CONTRACT. I I
Council adopted RESOLUTION NO. 88-108, accepting a bid and authorizing the execution of a contract for
janitorial services with Advanced Building
Maintenance Company.
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CONSENT CALENDAR: (Continued)
10. AB a9367 - PLANS AND SPECIFICATIONS FOR
CONSTRUCTION OF THE CARLSBAD BOULEVARD WALKWAY
PROJECT.
Council adopted RESOLUTION NO. 88-109, approving
plans and specifications, and authorizing the City
Clerk to advertise for bids for the construction of
the Carlsbad Boulevard walkway, project no. 3265;
and RESOLUTION NO. 88-110, approving a hold
harmless agreement with the California Coastal
Commission.
ITEM REMOVED FROM THE CONSENT CALENDAR:
11. A& #9376 - 1988 PARKS SUPPLEMENT - DEED OF TRUST.
Council Member Mamaux called attention to the fact that
La Costa Ranch Company was dedicating land to the City
for park purposes.
City Manager Ray Patchett added this dedication would
assure the City of a community park in the southeast
quadrant. The Growth Management Plan identifies
problems in advance of when they occur and provides a
solution in advance of when the facilities are needed.
This will allow development to proceed in Zone 6, which
had caused some single family property owners a delay
in building their homes.
Council adopted the following Resolution: Lewis X
Kulchin X
SECURE THE DEDICATION AND CONSTRUCTION OF NEEDED PARK Mamaux xx
LAND IN THE SOUTHEAST QUADRANT. Larson X
PUBLIC COMMENT:
Dan Hammer, 4015 Isle Drive, gave an update on the
recent and future activities of the Friends of Hosp
Grove, including the "Clean-Up Day" for the Grove.
Michael Lompart, 2025 Chestnut, stated he had lived at
that address since 1977, and had painted and maintained
the barricade at the end of his property where the street narrows. After a telephone call to the City to
ask them to start maintaining the barricade, the City
removed the barricade and the berm that had been built to protect his property from the downhill drainage.
RESOLUTION NO. 88-118, ACCEPTING THE DEED OF TRUST TO X Pettine
12. AB #9377 - 30INT CITY COUNCIL/ARTS COMMISSION
MEETING.
Commission Chairman 3oe Bear introduced the Arts
Commission, as follows: Commissioners Brierley,
Roston, Bischoff, Straub, Frye and Meilach. He introduced a slide presentation showing the work of the
Arts Commission over the two years it has existed.
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JOINT CITY COUNCIL/ARTS COMMISSION MEETING:
(Continued)
Following the slides, Mr. Bear told of the various
activities of the Commission and what they have learned
over the two years regardina the arts programs.
Mr. Bear stated that public education was a large part of a successful program for public art. He said the
Commission was suggesting that they submit, for Council
consideration, a yearly plan and budget for Council approval.
Council Member Kulchin stated she favored a yearly plan
and budget and Council Member Larson concurred.
Council Member Mamaux stated he had difficulty with an
annual plan, as he felt there should be a project-by-
project review by Council. Council Member Pettine
agreed with the concept of an annual plan, but stated
the ultimate decision on projects should be made by
Council on a case-by-case basis. Connie Beardsley
further clarified the request stating that at the
present time the Commission goes to Council for funding
for each project and then returns for contract
approval. With the plan suggested tonight, the
Commission would not come to Council on a project by
project basis for an appropriation. They would come
back for contract approval on each individual project.
She further clarified this would be on the public art
segment only.
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Mayor Lewis stated he would like to see each project on
an individual basis, and concurred with the yearly
budget concept.
Mr. Bear stated the Commission was aware that public
input was needed in the process and they would try to
get as much as possible before comina to Council with
any project.
The majority of Council Members stated they were
interested in seeing a proposed annual plan, and the
City manager stated it would be submitted as part of
the normal budget process.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment
Commission at 6:47 p.m., and re-convened at 7:02 p.m.,
with all Members present.
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DEPARTMENTAL AND CITY MANAGER REPORTS:
16. AB 89371 - AGREEMENT WITH CARLSBAD UNIFIED SCHOOL
DISTRICT FOR SENIOR CENTER/SCHOOL ADMINISTRATIVE
OFFICE PR03ECT.
Frank Mannen, Assistant City Manager, gave the report
on this item, stating this was a companion item to the
Housing and Redevelopment Commission action approving
the agreement between the City of Carlsbad and the
School District and approving a loan to the
Commission.
Council adopted the following Resolutions: Lewis X
Kulchin X
THE CITY OF CARLSBAD, THE CARLSBAD HOUSING AND Mamaux xx
REDEVELOPMENT COMMISSION AND THE CARLSBAD UNIFIED Larson X
SCHOOL DISTRICT.
RESOLUTION NO. 88-114, APPROVING AN AGREEMENT BETWEEN X Pettine
RESOLUTION NO. 88-1 15, APPROVING THE LOAN OF $200,000
TO THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION.
17. AB 99372 - ARCHITECT AGREEMENT FOR DESIGN OF SENIOR
CITIZEN CENTER AND CARLSBAD UNIFIED SCHOOL DISTRICT ADMINISTRATIVE OFFICE PROJECT.
John Cahill, Municipal Projects Manager, gave the staff
report as contained in the Agenda Bill, using a slide
presentation to show the project site and the schedule for the project. Dale Lang, Principal Architect,
continued the report narrating the slides showing how
the Architects approached the project and how the model was developed up to the final site plan.
In answer to Council query regarding undergrounding of
utilities, John Cahill stated they will not be
undergrounded at this time, but will be a candidate for
future undergrounding. This undergrounding would be
done in the street and would not affect the building.
Sue Spickard, Senior Citizen Coordinator, explained how
the Committee worked with the Architect to arrive at
the final configuration. She introduced the following
Committee Members: David Castner, Linwood Van, Dorie
Ritchie, Marion Gast, Hiram Hoskin and Theresa Maggio.
3ohn Cahill stated the Center would be scheduled for
completion the summer of 1989.
Dennis Meehan, 3981 Gloria Lane, stated this was a
banner day for Carlsbad. So many people have worked
such a long time for a Senior Center, and he
complimented Council Members and School District
Members.
Hugh Vickery, 5192 Carlsbad Boulevard, spoke in favor of the Senior Center, expressing his delight.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
David Castner, 1550 Sunrise, representing the Carlsbad
Senior Citizens Association, stated he was present to
thank Council for their actions taken tonight. He told
of the commitment of Council Members to the Senior
Center and said this was enriching the quality of life
for the seniors and thereby prolonging their 1-ives. He
thanked all the people involved in helping to achieve
the building of the Senior Center.
Linwood Van, 2603 - 51 Avenida De Anita, Chairman of
the Senior Citizen Commission, expressed the
appreciation of the Commission and stated it had been a
pleasure to work on this plan. He stated the visits to
the other centers in the area had been beneficial to
everyone in helping to achieve a Senior Center for
Carlsbad that would be the ultimate.
Council adopted the following Resolution:
RESOLUTION NO. 88-116, APPROVING AN ARCHITECTURAL
CONSULTANT AGREEMENT FOR THE DESIGN OF THE CARLSBAD
SENIOR CITIZENS CENTER AND CARLSBAD UNIFIED SCHOOL
DISTRICT ADMINISTRATIVE OFFICE COMPLEX, PROJECT NO.
3247.
RECESS E
Mayor Lewis declared a recess at 7~50 p.m., and Council
re-convened at 8:03 p.m.: with all Members present.
Lewis
Kulchin
Pettine
Marnaux
Larson
PUBLIC HEARINGS: -~ I I
13. AB 119368 - ADOPTION OF COUNTY BATHHOUSE ORDINANCE. I
City Attorney Vincent Biondo gave the report on this
item.
Mayor Lewis opened the public hearing at 8:05 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 Ordinance:
ORDINANCE NO. NS-11, AMENDING TITLE 6, CHAPTER 6.02 OF
THE CARLSBAD MUNICIPAL CODE BY THE ADOPTION OF
SECTION 6.02.015 TO ADOPT BY REFERENCE THE RECENTLY
ADOPTED SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES
DEALING WITH BATHHOUSES.
14. AB f9369 - SEWER MASTER PLAN ADOPTION AND
CONNECTION FEE REVISION.
City Engineer Lloyd Hubbs uave the staff report as
contained in the Agenda Bill, using slides to show the
Master Plan of Sewerage.
Mayor Lewis opened the public hearing at 8:20 p.m., and
issued the invitation to speak. Since no one wished to
speak on this item, the public hearing was closed.
Lewis
Kulchin
Pet t ine
Mamaux
Larson
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PUBLIC HEARING: (Continued )
Council adopted the following Resolution; introduced
X Pettine Statement No. 35 Sewer Master Plan: (one motion)
xx Kulchin the following Ordinance, and adopted Council Policy
X Lewis
Mamaux X
RESOLUTION NO. 88-111, ADOPTING THE REVISED CITY OF X Larson
CARLSBAD MASTER PLAN OF SEWERAGE.
ORDINANCE NO. NS-12, AMENDING TITLE 13, CHAPTER 13.10
OF THE CARLSBAD MUNICIPAL CODE RELATING TO SEWER
CAPACITY FEE.
15. AB /I9370 - CYNTHIA LANE ASSESSMENT DISTRICT NO.
86-3.
Richard Allen, City Assessment Engineer, introduced the
item, and Mackenzie Brown, Attorney, explained the
procedure for the Assessment District, stating the final
costs have now been computed for the work done and the
owners have been notified of the final assessment.
Bob Sergeant gave the final report of the Engineers and
gave the formula for the spread of the assessments. He
stated three property owners had constructed their own
improvements and therefore received a zero assessment.
Mayor Lewis opened the public hearing at 8:28 p.m., and
issued the invitation to speak.
Donald Dominguez, 1288 Knowles Street, spoke as a
property owner, stating he was not in favor of the
Assessment District, but was coerced into agreeing to
the District. He asked for relief from the assessment
by extending the pay-back time to 15 years and referred
to a letter dated March I, 1983, signed by Clyde Wickham, 3ulie Mennen, Frank and Esther Lin, wherein it
was stated the cost may be spread over a 15-year
period.
Constantino Medina, 1655 Buena Vista Way, a property
owner, stated he was not in favor of the District, but
felt forced to join. He questioned the amount of
assessment, stating he thought it was supposed to be on
the front footage, and felt his assessment was too
high, as his property frontage was equal with the other
lot on the cul-de-sac which received a lower
assessment.
Lucy Dorninguez, 1288 Knowles Street, spoke in protest of the high cost of the road and the short pay-back
period. She stated they were not in favor of the
District, but would now be forced to sell part of their
property to pay for the assessment.
Iola Oathout, 1453 Buena Vista Way, stated she had the
same problem as the other owners, as she did not want
the District and felt she was forced to join. She
thought the pay-back period would be 15 to 20 years,
and not the 9 years indicated by Mr. Brown. Mrs.
Oathout felt the "incidental costs" should be absorbed
by the City.
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PUBLIC HEARINGS: (Continued)
Since no one else wished to speak on this item, the
public hearing was closed at 8 :39 p.m.
Mayor Lewis asked Mr. Sergeant to check the two cul-de-
sac lots, #4 and IS, to determine whether the footage
was the same, in response to Mr. Medina’s question
regarding his assessment amount.
In answer to Council query regarding the pay-back time, Mr. Brown stated ten years was consistent with the
normal pay-back time. He said they could try for 15
years, but that may increase the interest rate, and
the payments may not decrease. He said he could return
with a proposal for a longer term. Mr. Brown added that
Mr. Sanchez and Mr. Dominquez were the only two who had
not applied for sub-dividing of their property.
Richard Al-len commented the City did not petition for
this Assessment District. The owners in the area
petitioned the City for the District.
Council continued Assessment District No. 86-3 to Lewis X
April 12, with the provision that information will be Kulchin X
returned to Council regarding the 15-year bond Pet t ine X
financing program and also an explanation on the cul-de- Mamaux X
sac differences in assessment. Council also requested Larson xx
that a detailed list of Ifincidental expenses” be
returned.
DEPARTMENTAL AND CITY MANAGER REPORTS:
16. AB 1i9371 - AGREEMENT WITH CARLSBAD UNIFIED SCHOOL
DISTRICT FOR SENIOR CENTER/SCHOOL ADMINISTRATIVE
OFFICE PR03ECT.
This item was taken out of order. (See page 5)
17. AB R9372 - ARCHITECT AGREEMENT FOR DESIGN OF SENIOR
CITIZEN CENTER AND CARLSBAD UNIFIED SCHOOL DISTRICT
ADMINISTRATIVE OFFICE PROJECT.
This item was taken out of order. (See page 5)
18. AB 89373 - CITIZEN PARTICIPATION STUDY - LEAGUE OF
WOMEN VOTERS.
Margie Monroy, President of the League of Women Voters,
North Coast San Diego County, gave the report on this
item, giving the recommendations of the League as
contained in their letter dated March 9, 1988.
Council Member Mamaux suggested that staff also be
required to inform Committees on how they are to
perform under the Brown Act.
Council Member Kulchin referred to the proposed form
and expressed concern about the “Occupational
Experience” heading.
Council expressed concern about the suggested two-term
limit.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Council Member Larson stated he would like staff to
study the recommendations made by the League.
Council accepted the report from the League of Women Lewis X Voters and directed staff to prepare a response on each Kulchin
X Pet t ine of the items, with the understanding that some items
X
xx Larson Council and the League.
X Hamaux are policy issues, and distribute that response to
19. AB !I9374 - AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK
GRANT - BOYS AND GIRLS CLUB POOL ENCLOSURE.
Council Member Kulchin stated she is on the Board of Directors and would abstain.
Chris Salomone, Housing & Redevelopment Director, gave
the staff report as contained in the Agenda Bill.
Bill Saylor, 4411 Springtime Drive, Oceanside, spoke in
favor of the additional funds for the pool enclosure,
stating safety factors needed to be addressed, which
added to the cost of the enclosure. He added when the
project was finished, it would benefit all the citizens
of Carlsbad.
Steve Densham, 3965 Monroe, representing the Board of
Directors of the Boys and Girls Club, urged Council's
support of the additional funding.
Council adopted the following Resolution: Lewis X
Kulchin ? I
RESOLUTION NO. 88-117, AUTHORIZING AMENDMENTS TO xx Pettine
COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACTS.
X I Larson
X Mamaux
20. AB f9375 - NOISE STUDY - PALOMAR AIRPORT
Council Member Mamaux stated he had asked that the item
be placed on the Agenda because he was concerned about
the operation of the airport.
3im Hagaman, Research/Analysis Manager, stated staff will monitor the Palomar Airport Noise Study and report
to Council on a regular basis.
21. AB !I9378 - RECEPTION FOR THE CONSUL GENERAL OF THE
NETHERLANDS.
Council indicated its intention to adjourn to a
reception for the Consul General of the Netherlands on
April 7, 1988, from 5:30 to 7:30 p.m., at the La Costa
Ranch Company Ranch House.
COUNCIL REPORTS:
Regional Planning Conference
Council Member Pettine reported on a meeting held
March 26.
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April 5, 1988 Page 10 MEMBERS COUNCIL h
COUNCIL REPORTS : (Continued )
League of California Cities Administrative Services
Policy Committee
Council Member Mamaux reported on a meeting in Oakland. I I
SANDAG
Council Member Mamaux reported on recent activities. I I
3AC (Sludge Management Meeting)
Council Member Larson reported on the meeting held at
National University.
Sister City I I
Council Member Kulchin reported on a recent meeting of
the Futtsu Steering Committee.
North County Mayors and Managers Meeting I
Council Member Kulchin reported on the recent meeting. I I
Futtsu Committee
Mayor Lewis added to this report, stating the Committee
will meet this week to set objectives.
North County Mayors and Police Agencies
Mayor Lewis reported on a meeting attended by North
County Mayors, Police Agencies and Congressman Packard I
regarding the legal aspects of the immigration problem.
AD30URNMENT:
By proper motion, the Meeting of April 5, 1988, was
adjourned at 9:55 p.m., to Thursday, April 7, 1988, at
5:30 p.m., to a reception for the Consul General of
the Netherlands at the La Costa Ranch Company Ranch
House.
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Respectfully submitted, I I aazA,4(1-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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