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HomeMy WebLinkAbout1988-05-10; City Council; Minutes. L. 1 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May IO, 1988 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers MEMBERS COUNCIL b . I I CALL TO ORDER: I I Mayor Lewis called the Meeting to order at 6:OO p.m. I I ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Lewis, Pettine, Mamaux and Larson. Absent: None. I I PRESENTATIONS: I Mayor Lewis read a Proclamation proclaiming the week of May 9 - 15 , 1988, as "3UST SAY NO" WEEK. The Proclamation was accepted by Richard Dorsey of the "3ust Say No" Steering Committee. Mayor Lewis read a Proclamation proclaiming May 15 - 21 , 1988 , as "POLICE WEEK" and May 17 , 1988, as "PEACE OFFICERS' MEMORIAL DAY" in Carlsbad. Police Chief Vales accepted the Proclamation and displayed a replica of the Peace Officers' Statue. I CONSENT CALENDAR: I Council Member Kulchin requested Item 88 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item 58, as follows: I Lewis Kulchin Pettine Mamaux Larson WAIVER OF ORDINANCE TEXT READING: I Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (81) 1. AB 89418 - ACCEPTANCE OF EASEMENT DEDICATIONS AND AUTHORIZATION OF CERTIFICATION OF RIGHTS-OF-WAY - CARLSBAD BOULEVARD PHASE I1 IMPROVEMENTS. (81) 2- Council adopted RESOLUTION NO. 88-147, accepting easement dedications from the San Diego Gas and Electric Company required for the City's improvements to Carlsbad Boulevard; and RESOLUTION NO. 88-148, concerning State of California, Department of Transportation, requirements for certification of necessary rights- of-way for FAU-funded projects. AB /I9419 - ACCEPTANCE OF EASEMENT FOR PUBLIC IMPROVEMENTS TO PARK DRIVE. 1 Council adopted RESOLUTION NO. 88-149, accepting an easement dedication for public highway purposes along Park Drive at Marina. 118 \ & p ?k X X X X X X - 0 0 MINUTES (78) (81) (99) (79) (81) (99) (41) (81) May 10, 1988 Page 2 CONSENT CALENDAR: (Continued) 3. AB #9420 - REQUEST FOR AUTHORITY TO DESTROY FILES - POLICE DEPARTMENT. Council adopted RESOLUTION NO. 88-150, authorizing the destruction of certain Police Department files. 4. AB #I9421 - ACCEPTANCE OF GRANT DEED FOR WATERLINE PURPOSES. Council adopted RESOLUTION NO. 88-151, accepting a grant deed from Jefferson House I1 for waterline purposes over a portion of their lot on the southeast corner of 3efferson Street and Home Avenue. 5. AB 89422 - CHILD CARE POLICY. Council adopted Council POLICY NO. 40, containing eleven specific child care policies to guide future City actions. 6. AB /I9423 - ACCEPTANCE OF GRANT DEED FOR A PORTION OF EL CAMINO REAL - CT 85-35. Council adopted RESOLUTION NO. 88-152, accepting a Grant Deed for public highway and utility purposes on El Camino Real from N. B. Hunt and W. H. Hunt. 7. AB #I9424 - SETTLEMENT OF LAWSUIT - SHAPELL INDUSTRIES, INC. V. CITY OF CARLSBAD. Council adopted RESOLUTION NO. 88-153, approving the agreement between Shapell Industries, Inc. and City of Carlsbad settling the lawsuit entitled Shapell Industries, Inc. v. City of Carlsbad. ITEM REMOVED FROM THE CONSENT CALENDAR: 8. AB W9425 - ACCEPTANCE OF DONATION. Council Member Kulchin called attention to the art work displayed on the wall and Grace Manues of the Research/Analysis Department explained the art work represented some of the work done by Carlsbad children from grades 2 through high school. This art work will be sent to the Sister City, Futtsu, gapan, and they will in turn send art work to Carlsbad. When the art work is received from gapan, it will be displayed at the two libraries. COUNCIL ACCEPTED THE DONATION OF $700.00 FROM FIELDSTONE COMPANY TO COVER THE COSTS OF AN EXCHANGE OF CHILDREN'S ART WORK WITH FUTTSU, JAPAN: AND AUTHORIZED THE MAYOR TO SEND A LETTER OF APPRECIATION FOR THE DONATION. 113 7 2;o COUNCIL \$$ A9 "0 %.p/ A MEMBERS Z. 0 Z. Lewis X Larson X Mamaux X Pettine xx Kulchin X e 0 MINUTES (97) (20) (48) (70) May 10, 1988 Page 3 PUBLIC COMMENT: Anne Mauch, Oleander Way, addressed Council stating that the State of California General Plan Guidelines issued last year stated that if a City has a General Plan that has inconsistencies, they may be operating without a General Plan. She urged the City to give a high priority to bringing the General Plan up-to-date and eliminating all inconsistencies as quickly as possible e Conrad DeFlon, 1835 Forest Avenue spoke on the subject of newspapers not giving the full story and telling both sides of an issue. He said freedom depends on accurate education so the people can decide for themselves. PUBLIC HEARINGS: 9. AB 89431 - PUBLIC HEARING FOR INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR IMPROVEMENTS TO PARK DRIVE. Council continued this item to June 7, 1988. DEPARTMENTAL AND CITY MANAGER REPORTS: IO. AB 89426 - CARLSBAD UNIFIEll SCHOOL DISTRICT PROPOSITION "Z" - 3UNE 7, 1988 BALLOT. - - - 3oe Angel, 410 Los Robles, representing the Citizens for School Facilities, spoke asking for Council support and endorsement of Proposition rrZ". He explained this proposition called for a one-time fee of up to $5,400 on new homes and would re-distribute the burden of new schools onto the new residents; with senior housing and room additions exempt. Mr. Angel introduced Sharon Faithful, Chairperson for the Citizens for School Facilities, who introduced the Committee Members, and gave an. overview of the work done by that Committee. Council endorsed the passage of Proposition "Z" on the 3une 7, 1988, ballot. 11. AB #9427 - REQUEST TO CONDUCT 3ET SKI RACES ON AGUA HEDIONDA LAGOON - MAY 21 - 22, 1988. I COUNCIL A % MEMBERS 9 Lewis Kulchin Pettine Mamaux Larson COUNCIL A % MEMBERS 9 Lewis Kulchin Pettine Mamaux Larson Lewis Kulchin Pettine Mamaux Larson This item was withdrawn from the Agenda as the request to conduct the races was withdrawn. Jl6 \ 5 p % X X \ 3 ky X X X X X X X X X X 0 e MINUTES (76) May IO, 1988 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 12. AB #9428 - DISCUSSION OF ACTIONS OF PLANNING COMMISSIONER McBANE. Kip McBane, 2691 Crest Drive, addressed Council, recounting the history of his actions regarding the request of a map from the Planning Department. He stated this was public information that should be available to any member of the public. Henry Thompson, 330 Chestnut Avenue, spoke on behalf of Mr. McBane, stating any resident has access to the City files or documents with the exception of those with pending legal actions or personnel matters, upon payment of a reasonable fee, and no reason has to be given for seeking such access. He added that Mr. McBane was asked for an up-to-date map. Mr. Thompson commented that a new map should have been prepared with the Growth Management Plan. Courtney Heineman, 2879 Woodridge Circle, stated he was the individual who asked Mr. McBane to obtain the map showing open space within the City. That request was made after making several unsuccessful calls to the Assistant Planning Director concerning an open space map. He said Mr. McBane did not ask why he wanted the map. In answer to Council query as to whether his telephone calls were returned by the Planning Department, Mr. Heineman stated he had not left messages. Barbara Otwell, 2040 Avenue of the Trees, spoke on behalf of Mr. McBane, reciting his service on local boards and organizations, stating that he has contributed a great deal to the City. 3. Richard Yoder, 7738 Madrilena Way, stated Mr. McBane was an asset to the Planning Commission, and he listed his professional qualifications and work history. Ann Mauch, Oleander Way, spoke in support of Mr. McBane stating she felt the reason Mr. McBane had been singled out was because the map exposed the inconsistencies now existing in the General Plan. A. 3. Skotnicki, 3535 Bedford Circle, stated it appeared the press knew of a Council decision concerning Mr. McBane before the item had come before Council. He felt there was some form of collusion and violation of the Brown Act, indicating there had been a secret meeting to pre-determine Council action. Council Member Kulchin commented that when any matter is brought to the City Manager, he sends copies of the information to all Council Members at the same time, stamped with his name and the date. /I5 COUNCIL \$ %P "0 +&% )r MEMBERS Z. 8 2. 0 0 MINUTES May 10, 1988 Page 5 COUNCIL \$ %y /o %p/ A MEMBERS .;t 8 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Conrad DeFlon, 1835 Forest Avenue, stated the information obtained by Mr. McBane should be public information. He further stated Mr. McBane was doing his job and was a good Planning Commissioner. Shelley Shafer Hammer, 4015 Isle Drive, spoke on her own behalf and on behalf of Ruth Bateman, reading a letter from Ms. Bateman. Ms. Bateman stated that all citizens were entitled to maps from the City, and the material was to be provided without quetion as to its use. She further stated in the letter that Mr. McBane should be commended for carrying out his duties as a public servant. Shirley Ann Swab, 3640 Adams Street, read a letter dated May 10, 1988, from Attorney Belinda BLacketer, of Blacketer & Hile, 1174 South Coast Highway, Laguna Beach, stating she was requested to prepare the initiative for the people in Carlsbad and asked for maps. The letter explained the activities and efforts to obtain a map for use as an exhibit to the initiative. Ikbal M. Rashid, 7816 Gabacho Street, representing Save Open Space, stated the issue of the map and Mr. McBane was unrelated and off of the main issue, which is the meeting planned between Council Members and the Committee members of Save Open Space. He felt they should get on with the real issue and have a good discussion. Dan Hammer, 4015 Isle Drive, spoke in support of Mr. McBane, stating Mr. McBane was one of the defenders of the Growth Management Plan and had voted against weakening that plan on items before the Planning Commission. 3im Swab, 3640 Adams Street, stated dismissing Mr. McBane would not be in the best interest of the City, due to his ethics and strong convictions. He told of Mr. McBane's efforts in helping to reduce the density in their neighborhood, thereby causing Mr. McBane and himself to be unable to sub-divide their property. Mr. Swab told of Mr. McBane's involvement in community activities and asked Council to take no action against Mr. McBane. Mayor Lewis distributed material to Council Members and read from same. He stated he felt it was Council's responsibility to do what is best for the City. Mayor Lewis stated he felt Mr. McBane was well-aware of what he was doing. Mayor Lewis stated that Mr. McBane, as a Planning Commissioner, was well-aware of the inaccurate map and to remove the disclaimer and present an incorrect map to the public was reason for concern. II y 0 e MINUTES (99) \\b 5 or,%? May IO, 1988 Page 6 COUNCIL "0 $,% MEMBERS 2. 8 2. DEPARTMENTAL AND CITY MANAGER REPORTS-: (Continued) Council Member Pettine stated the information asked for by Mr. McBane was public information and the fact that it was not in the form it should have been was not justification for removing Mr. McBane from his position. He felt the other items listed were policy statements saying why Council is orJposed to the initiative. Council Member Mamaux stated Mr. McBane is an Architect and a Planning Commissioner and is not a naive person. Any person has a right to public information, but this information was not readily available. He concluded, stating he had lost confidence in Mr. McBane to perform as a Planning Commissioner. Council Member Larson stated the initiative was not the issue here. He felt the issue was Mr. McBane's securing public information for a member of the community, whether or not he knew its final destination. He concluded, stating he would not support any action against Mr. McBane. Council Member Kulchin stated her concern that the information was gathered from staff and Mr. McBane knew it was outdated and the map was not valid. She stated she could not support Mr. McBane. Mayor Lewis concluded, stating he believed Mr, McBane understood the effect on the City and the Growth Management Plan and he could no longer support Mr. McBane. Council removed Kip McBane from the Planning Lewis xx Commission. Kulchin X Pettine Mamaux X Larson RECESS: Mayor Lewis declared a Recess at 7:39 p.m., and Council re-convened at 7:51 p.m. ! with all Members present. 13. AB 89429 - REQUEST FOR FEE WAIVER - JEFFERSON HOUSE 11. - ____- Jim Elliott, Finance Director, gave the staff report as contained in the Agenda Bill. Bob Ladwig, 3289 Donna Drive, representing 3efferson House I1 as a partner, stated this project has just been completed and the last item is to obtain the Certificate of Occupancy. Mr. Ladwig referred to Council Policy No. 17 and asked whether the City could use these units to count against the City's share of low-cost housing and not grant them exemption from paying public facilities fees. He requested the fees be waived. 11 3 0 0 MINUTES (28) (45) May IO, 1988 \jp %p A< Page 7 COUNCIL /o %9/ MEMBERS Z. 8 Z. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council denied the request for waiver of Public X Larson X Mamaux X Pettine xx Kulchin Facilities Fees for Jefferson House 11. X Lewis 14. AB 119430 - JOINT POWERS AGREEMENT FOR CREATION OF REGIONAL BEACH EROSION ACTION COMMITTEE - (BEACh). John Cahill, Municipal Projects Manager, gave the staff report as contained in the Agenda Bill, using a transparency to show the Oceanside Littoral Cell. Council Member Kulchin, Co-Chairperson of the BEACh Committee, stated that north of Camp Pendleton the sand erosion problem is not as accute as it is for the cities south of there; therefore, those cities are not interested in a 3oint Powers agreement. Council adopted th.e following Resolution: Lewis X Kulchin xx AGREEMENT WITH CITIES WITHIN THE OCEANSIDE LITTORAL Mamaux X CELL FORMULATING THE REGIONAL BEACH EROSION ACTION Larson X COMMITTEE (BEACh), AND APPROVING COMMITTEE BYLAWS. COUNCIL REPORTS: 3AC Council Member Mamaux reported on a recent meeting of the Administrative Agency for the re-organization of 3AC. Outer Continental. Oil Drilling Task Force Council Member Mamaux reported on a recent meeting, and told of the consequences of an oil spill on the San Diego area. Association of Water Reclamation Agencies Council Member Larson reported on a meeting at Costa Real and stated a recommendation had been made to have quarterly meetings and have programs for the elected officials. SOS Initiative Committee Mayor Lewis reported he and Council Member Larson met with staff and there should be a packet and memorandum ready soon. It will be an open meeting, and the time will be announced. RESOLUTION NO. 88-154, APPROVING A JOINT POWERS X Pettine - / 12 -, .5) * MINUTES May IO, 1988 Page 8 ~~ ~ ~~~~ ~~~~~~~~ CITY MANAGER COMMENTS: Planning Commission Vacancy City Manager Ray Patchett stated there is a need to advertise the vacancy on the Planning Commission for ten days. He suggested the first meeting this item could be on the agenda would be 3une 7. AD30URNMENT: By proper motion, the Meetinu of May 10, 1988, was adjourned at 8:23 p.m. Respectfully submitted, m 2.4- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk I I1 - \\b 5 %p%I COUNCIL /o +$, % 1 MEMBERS 2. @ 2.