HomeMy WebLinkAbout1988-04-19; City Council; Minutes. 0 0 MINUTES
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Meeting of : CITY COUNCIL (Reaular Meeting)
Date of Meeting: April 19, 1988
Time of Meeting: 6:OO p.m. COUNCIL \$$ %.p "0 %.p/ A
Place of Meeting: City Council Chambers MEMBERS Z. cp Z.
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 A1 Capuchin0 of the
Christ the King Eastern Orthodox Church.
PLEDGE OF ALLEGIANCE was led by Council Member Pettine.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held April 5, 1988, Lewis X
were approved as presented. Kulchin xx
Pettine X
Mamaux X
Larson X
Minutes of the Adjourned Meeting held April 7, 1988, 1 Larson
were approved as presented. Pettine
CONSENT CALENDAR:
1
Council Member Kulchin requested Item #4 be removed
from the Consent Calendar.
Council affirmed the action of the Consent Calendar, Lewis X
with the exception of Item 14, 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 /I9387 - QUITCLAIM OF EASEMENTS - WINDSONG SHORES
- CT 83-4.
Council adopted RESOLUTION NO. 88-125, approving
the quitclaim of portions of open space and public access easements off Harbor Drive in Carlsbad Tract
83-4.
2. AB /I9388 - FINAL MAP - CARLSBAD TRACT 84-28.
Council approved the Final Map of Carlsbad Tract 84-
28 (March Group, Inc. ).
3. AB !I9389 - 3EFFERSON STREET TWELVE PUBLIC
. IMPROVEMENTS FOR PRIVATE DEVELOPMENT 275.
Council accepted the improvements, 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.
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April 19, 1988 Page 2 MEMBERS COUNCIL \
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ITEM REMOVED FROM THE CONSENT CALENDAR:
4. AB 89390 - SECOND AMENDMENT TO STATE AGREMENT FOR
CARLSBAD BOULEVARD SHORELINE PROTECTION.
Council Member Kulchin asked for staff clarification of
the aproximately $llO,OOO left over from the Seawall
Project. John Cahill stated at the time the Seawall was
dedicated there was approximately this amount of money
left in the account. Staff negotiated with the State Boat & Waterways Department and will be allowed to appiy
that amount to the Carlsbad Walkway Project. That
money, together with the Redevelopment Agency funds from
the Tax Allocation Bond Sale, will be used for the
blufftop walkway on Carlsbad Boulevard.
Council adopted the following Resolution: Lewis
Kulchin
RESOLUTION NO. 88-126, APPROVING THE SECOND AMENDMENT Pettine
TO A CITY/STATE AGREEMENT FOR THE CARLSBAD BOULEVARD
Larson SHORE PROTECTION PROJECT. (Carlsbad Boulevard Seawall)
Mamaux
PUBLIC COMMENT:
Dennis Meehan, 3981 Gloria Lane, spoke on the Open Space
Initiative, stating he felt it was unfair for citizens
who initiated legislation to require a 2/3 vote to
change a law when it only required a majority to become law. He stated if the initiative were passed, it would
take away property rights and would allow voters to
change zoning. He urged Council to sponsor a fairness
initiative stating that in Carlsbad if a 50 percent
plus one majority was needed to pass legislation, then
the same majority would apply to change that
legislation.
D. Stookey, 5217 Don Valdez, stated he concurred with
Mr. Meehan's statements as to the fairness of the Open
Space Initiative. He referred to a survey taken in
Los Angeles where only 24 percent of those polled felt
the building industry and contractors were at fault for some of the excesses in building, and in San Diego,
one third of the citizens felt the City Council was at
fault for allowing rampant growth. Mr. Stookey listed
the projects he felt would be eliminated if this
initiative passed.
Girard W. Anear, 1728 Calavo Court, spoke stating the
people who are working on the Open Space Initiative are
the same ones who worked on the previous Hosp Grove
ballot issue. He stated the Growth Management Plan
requires open space be dedicated, and at buildout 40
percent of the City will be open space.
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April 19, 1988 Page 3 COUNCIL /o $.p/ MEMBERS Z. tp Z.
Mayor Lewis requested that Item 88, Child Care Task
Force Report, be taken out of order, following the
Public Hearings, and before the Housing & Redevelopment
Commission meeting, and Council concurred.
ORDINANCE FOR ADOPTION:
5. AB #9382 - NO PARKING ZONE ON MARJORIE LANE.
Council adopted the following Ordinance:
Kulchin
X Lewis xx
OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF Mamaux X
SECTION 10.40.062 TO DECLARE A NO PARKING ZONE ON
MARJORIE LANE MONDAY THROUGH FRIDAY BETWEEN THE HOURS OF
X Larson
7:OO A.M. AND 4:OO P.M.
PUBLIC HEARINGS:
ORDINANCE NO. NS-13, AMENDING TITLE 10, CHAPTER 10.40 X Pettine
6. AB 89395 - CYNTHIA LANE ASSESSMENT DISTRICT NO.
86-3.
Richard Allen, Superintendent of Streets, gave the staff
report as contained in the Agenda Bill, with a revised
Resolution and Engineer's Report distributed to Council
Members this evening. Transparencies were used to show
the 1911 Act, Chapter 27 Procedures, the new front
footage for the Medina cul-de-sac property and the
comparison of the ten-year and fifteen-year bonds.
Mr. Allen reported the fifteen-year bonds were preferred
by all property owners, and the Resolution had been
changed to authorize that.
Mr. Allen stated the reduced assessment to Mr. Medina
had resulted in a higher assessment for the other
property owners; however, the Consultant had agreed to
absorb the costs so the other assessments would not be
increased.
Mackenzie Brown, Attorney, stated the construction was
complete and the Engineer's report had been prepared
based on the final assessment costs. He stated there
were three Resolutions to be adopted; one had been
modified to show an increase in the City's
contribution, which was necessary due to the change in
Mr. Medina's assessment, and in order to keep the other
property owners' assessments the same. Also, the
extension of time from ten to fifteen years on the
bonds was included.
In answer to Council query regarding the City absorbing
any of the "incidental costs", Mr. Allen explained the
City only did that when the district had been initiated
by the City and public safety was a factor.
Mayor Lewis opened the public hearing at 6:38 p.m., and
issued the invitation to speak.
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PUBLIC HEARINGS: (Continued)
Donald Dominguez, 1288 Knowles Avenue, spoke as a
property owner, and stated the incidental costs were
the same as estimated three or four years ago. He
stated he was not aware of some of the meetings of the
property owners, but had been told the District would
go through regardless of what he said, and had received
threats of condemnation of his property. Mr. Dorninguez
felt Council should absorb some or all of the
incidental expenses, as they had done on other
assessment districts.
Mr. Dominguez stated City employees wanted to purchase
his property and he felt this was not proper for those
employees to use their positions with the City for
personal gain.
Dr. 3ulie Edennen, 1320 Knowles Avenue, spoke on behalf
of herself and Clyde Wickham, and stated she agreed with
the other owners. She added it has taken four years and
over $200,000 to build this short cul-de-sac.
Since no one else wished to speak on this item, the
public hearing was closed at 6:43 p.m.
Council Members had staff clarify that this District
was not City-initiated, but petitioned by the property
owners themselves. No one from the City took any
action on the district representing the City. The City
did the required mailings for the meetings and Willdan
Associates conducted the meetings. Mr. Allen assured
the Council there were no irregularities with regard to
this District.
Council adopted the following Resolutions: (one Lewis X
motion) Kulchin X
Pettine X
MODIFICATIONS TO THE ENGINEER'S "REPORT" IN A SPECIAL Larson X
ASSESSMENT DISTRICT.
RESOLUTION NO. 88-1 12, CONFIRMING "REPORT" OF THE
SUPERINTENDENT OF STREETS ON COST OF CONSTRUCTION, AND
LEVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE
"IMPROVEMENT ACT OF 191 1".
RESOLUTION NO. 88-131, ORDERING CERTAIN CHANGES AND xx Mamaux
RESOLUTION NO. 88-113, MAKING AWARD FOR SALE OF BONDS,
AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION
FUND.
Council Member Pettine commented for the record that it
can be unfair for the minority when the majority of
property owners desire something of this type.
However, they can sub-divide their property and benefit
from the installation of the street.
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PUBLIC HEARINGS: (Continued)
7. AB #9391 - WEED ABATEMENT PUBLIC HEARING.
Battalion Chief Mike Smith gave the staff report as
contained in the Agenda Bill.
Mayor Lewis opened the public hearing at 6:55 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 Resolution: Lewis X
Kulchin xx
ABATE NUISANCE BY HAVING WEEDS, RUBBISH AND REFUSE Mamaux X
REMOVED. Larson X
Item 88 was taken out of order at this time.
DEPARTMENTAL AND CITY MANAGER REPORTS:
RESOLUTION NO. 88-127, ORDERING THE CITY MANAGER TO X Pettine
8. AB #9392 - CHILD CARE TASK FORCE REPORT.
Jim Hagaman, Research/Analysis Director, introduced the
Chairperson for the Child Care Task Force, Anna Knox,
who introduced the Task Force Members and gave the
report to Council.
Mrs. Knox stated the Task Force did not feel the City
of Carlsbad should get into the business of providing
child care, but did feel there is a need to educate,
enhance, encourage, promote and facilitate in the area
of child care from an economic and land use point of
view.
Mrs. Knox explained how the Task Force accomplished
their task and referred to the report contained in the
packet. She read the recommendations as contained in
the Agenda Bill and concluded her report by thanking
staff members and task force members for their support.
James Smith, 6725 Russelia Court, spoke as a
grandparent, stating his interest in having proper and
adequate child care in Carlsbad, and urged Council to
initiate the programs recommended by the Task Force. He
stated he did not feel a Commission or mandatory
legislation should be enacted at this time. However,
some measures could be adopted to start action in
the right direction. Mr. Smith felt an employee trained
in the aspects of child care could be hired to dispense
information to the public and to City employees.
Mae Johnson, 7227 Mimosa Drive, representing Family
Service Association as President of the Advisory Board,
spoke in favor of the recommendations of the Task
Force, stating the problems of those needing child
care. She said this was a societal problem as well as
a family problem.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Bill Saylor, 4411 Springtime Drive, Oceanside,
Executive Director of the Boys and Girls Club,
encouraged Council to support the recommendations of
the Task Force.
3oe Angel, 5410 Los Robles, representing the Carlsbad
Unified School District, also urged Council to consider
the recommendations of the Task Force.
Peggy Blush, 1715 Grandview, Oceanside, Pilgrim
Children's Center Director, stated they have been
providing child care for 14 years because of the need
of the community. She added her support to this report
and commended Council and the Task Force for recognizing
this was a land use problem as well as a social
problem.
Bernadette E. Probus, Attorney, 3868 Caminito De Tatan,
representing the San Diego County Family Day Care
Association and the Resource Service, spoke in favor of
the Task Force recommendations. She recommended that
administrative permits be given for day care providers
rather than the CUP as recommended by the Task Force.
This would be easier to issue and would lower the cost
of permits.
Ms. Probus further stated the State law requires
notification to property owners within 100 feet
contiguous to the applicant for a day care permit. The
Ordinance in Carlsbad requires notification within 300
feet, which is in excess of that required by the State.
She felt that should be changed to agree with the State
requirement.
Ms. Probus stated the need for more large family home
day care licenses and felt any changes made to make it
easier to become licensed would help eliminate the
unlicensed homes.
Carmen Harney, 4002 Vista Way, Oceanside, Tri-City
Medical Center, told of the large number of employees
at the hospital who are in need of child care, and the
cost to the hospital yearly because of child-care
-related problems. She encouraged Council to enforce
the Task Force recommendations and be the leader in
North County in addressing the issue.
Margie Monroy, 3610 Carlsbad Boulevard, President of the
League of Women Voters North Coast San Diego County,
addressed Council stating the League has been concerned
with child care issues in the last two years and is
conducting a study at the present time. She said the
social and economic changes of the last few years have
created a real revolution throughout the country, and
the City of Carlsbad should seriously consider the
implementation of the recommendations of the Child Care
Task Force.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Peter Bullock, 6155 El Camino Real, Hughes Aircraft,
stated that 90 percent of the employees surveyed in industry would use or consider using a child care
center near their place of employment. He said that
infant care is a serious issue as well as the safety of
the children, due to injuries and fires caused by
unlicensed care homes. Mr. Bullock mentioned some of
the dangers present in homes and some of the toxic
materials present in those unlicensed homes.
Mr. Bullock stated his company would work with the City
to have a facility near the work place, adding if the
fathers all needed child care centers, there would be
many centers located near the work places.
Council Member Kulchin congratulated the Task Force to
the schools. She also concurred that infant care was an
important issue.
Mayor Lewis stated he had a problem with a staff person
working on this and felt the City should work with a
group to make the program successful. The people in
Zone 5 are interested in participating in a group to
work on this problem.
Council approved the proposed Child Care Policies and Lewis X
instructed staff to return with a formatted policy for Kulchin X
adoption; and instructed staff to return with a Pettine X
structural consortium similar to the Futtsu Sister City Mamaux xx
Steering Committee. Larson X
Council took no action on the recommendation to create
a Child Care Coordinator.
Council approved the recommendation to develop State and Lewis xx
Federal Legisative Policies supporting child care and Kulchin X
referred the matter to the Council Legislative Pettine X
Committee for inclusion into the City's Legislative Mamaux X
Platform; to also be coordinated with the League of Larson X
Women Voters and SANDAG.
Council approved the recommendation and referred the Lewis xx
matter to staff for development of a public Kulchin X
information packet for child care users and providers; Pettine X
and approved the recommendation to implement recommended Mamaux X
land use and community development process revision Larson X
and referred the matter to the Planning Commission for
consideration, hearings and recommendations.
RECESS :
Mayor Lewis declared a recess at 8:22 p.m., and Council
re-convened at 8:31 p.m., will all Members present.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment
Commission at 8:31 p.m., and re-convened at 8:48 p.m.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
9. AB /I9393 - BATIQUITOS LAGOON ENHANCEMENT PR03ECT
EIR/EIS AGREEMENTS.
Gary Wayne introduced Lillian Kawasaki, Project
Manager, who stated the reimbursement agreement with
the City of Los Angeles had been signed, and she
presented copies to the City Clerk for the Mayor to
sign.
Gary Wayne gave the staff report as contained in the
Agenda Bill.
Council. adopted the following Resolutions: (one motion)
RESOLUTION NO. 88-128, APPROVING REIMBURSEMENT
AGREEMENT BETWEEN CITY OF LOS ANGELES AND CITY OF
CARLSBAD FOR THE PREPARATION OF THE BATIQUITOS LAGOON
ENHANCEMENT PROJECT ENVIRONMENTAL REVIEW.
RESOLUTION NO. 88-129, APPROVING A N AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND CH2M HILL, FOR THE PREPARATION
OF THE ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT
STATEMENT FOR THE BATIQUITOS LAGOON ENHANCEMENT
PR03ECT.
Lewis
Kulchin
Pettine
Mamaux
Larson
IO. AB 89394 - APPLICATIONS FOR FEDERAL FUNDING FOR
RECONSTRUCTION OF BATIQUITOS LAGOON BRIDGES.
John Cahill gave the staff report as contained in the
Agenda Bill, using a slide presentation to show the
present and proposed Batiquitos Lagoon bridges.
Council adopted the following Resolution:
RESOLUTION NO. 88-130, FORMALLY REQUESTING THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS)
OVER SAN MARCOS CREEK (BATIQUITOS LAGOON) AND
AUTHORIZING STAFF TO PREPARE APPLICATIONS FOR FEDERAL
HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION (HBRR)
PROGRAM FUNDING FOR THE REMOVAL AND RECONSTRUCTIONS OF
THESE STRUCTURES.
EVALUATE THE CONDITIONS OF TWO (2) CITY-OWNEQ BRIDGES
11. AB /I9383 - PLANNING COMMISSION APPOINTMENT.
Council adopted the following Resolution:
RESOLUTION NO. 88-121, RE-APPOINTING ROBERT HOLMES TO
THE CARLSBAD PLANNING COMMISSION.
I Lewis
Kulchin
Pettine
Mamaux
Larson
Lewis
Kulchin
Pettine
Larson I Mamaux
12. AB R9384 - PARKING AUTHORITY APPOINTMENT.
Council adopted the following Resolution: Lewis 1 Kulchin
RESOLUTION NO. 88-122, RE-APPOINTING GIRARD ANEAR TO
THE CARLSBAD PARKING AUTHORITY. I Pettine Mamaux
Larson
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
13. AB 89385 - HISTORIC PRESERVATION COMMISSION
APPOINTMENT.
Council adopted the following Resolution:
X Larson
xx Mamaux TO THE CARLSBAD HISTORIC PRESERVATION COMMISSION.
X Kulchin
X Lewis
RESOLUTION NO. 88-123, RE-APPOINTMENT BRIAN ROBERTSON X Pettine
14. AB #9386 - CARLSBAD ARTS COMMISSION APPOINTMENTS.
Council adopted the following Resolution:
X Larson
X Mamaux BISCHOFF TO THE CARLSBAD ARTS COMMISSION.
X Pettine RESOLUTION NO. 88-124, RE-APPOINTING 30E BEAR AND WAYNE
X Kulchin
xx Lewis
INFORMATION ITEM:
15. REPORT ON CITY INVESTMENTS.
Report from the City Treasurer on the City's investment
portfolio as of April 1, 1988.
COUNCIL REPORTS:
SANDAG
Council Member Mamaux reported on recent activities.
3AC
Council Member Larson reported on 3AC activities.
Coastal Regional Beach Erosion Committee
Council Member Kulchin reported on a recent meeting.
Water District Meeting
Mayor Lewis reported on a recent meeting with a
representative of Costa Real Municipal Water District
concerning the League of Women Voter's Report.
Carlsbad Economic Enhancement Council
Mayor Lewis reported on the Board Meeting and added
they are interested in participating and being involved
in the child care issue.
AD30URNMENT:
By proper motion, the Meeting of April 19, 1988, was
adjourned at 9: 18 p.m.
Respectfully submitted,
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ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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