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Home My WebLink About1988-06-07; City Council; MinutesI1 0 0 MINUTES - I i Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: 3une 7 5 1988 Time of Meeting: 6.00 p.m. Place of Meeting: City Council Chambers I CALL TO ORDER: I Mayor Lewis called the Meeti-ng to order at 5:OO p.m. I 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 Reverend 3erald Stinson from the Pilgrim Congregational Church, PLEDGE OF ALLEGIANCE was led hy Council Member Larson, I PRESENTATION: Mayor Lewis read a Proclamation declaring the week of Proclamation was accepted by Dr. Kenneth Reitz. , llune 11-17 as "CHIROPRACTIC WELLNESS WEEK". The 1 ~ CONSENT CALENDAR: - Mayor Lewis announced Item 98 had been withdrawn from the Agenda and Council Member Kulchin had requested Item 86 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Items f6 and #8, as follows: WAIWR OF ORDINANCE TEXT READING: I Council waived the reading of the text of all. Ordinances and Resolutions at this Meeting. (97) 1. AB !I9452 - 1987-88 STREET OVERLAY AND CHIP SEAL (45) PROGRAM. Council adopted RESOLUTION NO. 88-175, accepting thf bids and authorizing the execution of contract no. U/M-16 with South Coast Asphalt Products Company fol the 1987-88 streets overlay and chip seal program. (95) (45) 2. AB 89453 - 1987-88 CURB, GUTTER AND SIDEWALK REPLACEMENT PROGRAM. Council adopted RESOLUTION NO. 88-176, accepting thc bids and authorizing the execution of contract no. U/M-17 with Schaefer Construction for the 1987-88 curbs, qutters and sidewalks replacement program. (84) 3. AB #9454 - ANNUAL CONTRACT FOR SPEEDY COPY (45) SERVICE. 5 > COUNCIL F % MEMBERS .Z Lewis Kulchin Pettine Mamaux Larson Council adopted RESOLUTION NO. 88-177, approving an agreement with Carlsbad Printing Company for speedy copy service. l43 \ 5 kj % X ik *? X X X X X i i - - .. 0 e 3une 7, 1988 MINUTES Page 2 CONSENT CALENDAR: (Continued ) (97) 4. AB 119455 - CHANGE ORDER NO. 1 FOR THE IMPROVEMENTS (45) TO PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL - PROJECT NO. 3243. (113 1 (81) (93) (74) (81) (93) (45) (93) I Council adopted RESOLUTION NO. 88-178, approving change order no. I for the improvements to Palomar Airport Road, east of El. Camino Real. 5. -AB ii9456 - GRANT DEED ACCEPTANCE FOR STORM DRAIN EASEMENT. Council adopted RESOLUTION NO. 88-179, accepting a grant deed to provide right-of-way for the construction of storm drain facilities along El Camino Real adjacent to the Carlsbad Gateway Project. (SDP 84-5) 6. AB 69457 - NOTICE OF COMPLETION - EMERGENCY REPAIRS TO SEWER MAIN. This item was removed from the Consent Calendar. 7. AB it9458 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 88-180, authorizing the destrution of Personnel Department employment applications and employment lists dated prior to May 1, 1986. 8. AB #9459 - ACCEPTANCE OF DONATION. This item was withdrawn from the Agenda. 9. A5 89460 - CONSULTANT AGREEMENT FOR PREPARATION OF A MASTER STORM DRAINAGE PLAN. Council adopted RESOLUTION NO. 88-182, awarding a contract for engineering consulting services with Fraser Engineering, Inc., and Cooper Engineering Associates for the preparation of a City Master Storm Drainage Plan. ITEM REMOVED FROM THE CONSENT CALENDAR: 6. AB f9457 - NOTICE OF COMPLETION - EMERGENCY REPAIRS TO SEWER MAIN. Council Member Kulchin commented there was a savings of approximately $40,000.00 on this work, and requested a staff report. Ralph Anderson, Director of Utilities/Maintenance, explained the repairs to the sewer main and the method used resulting in a savings. Council accepted the repairs to the sewer main located east of 1-5 and south of Poinsettia Lane as complete and directed the City Clerk to record the Notice of Completion. I74 - - COUNCIL \\b 5 % ?&? MEMBERS .;t 8 .;t Lewis xx Kulchin X Larson X Mamaux X Pettine X I . L + 0 0 MINUTES (70) 3une 7, 1988 Page 3 PUBLIC COMMENT: Henry N. Thompson, 3r., 330 Chestnut Avenue, addressed Council on behalf of the Carlsbad taxpayers stating he felt there was a misuse of City funds expended for Council Members and City staff to appear before the Coastal Commission on behalf of the Pacific Rim project. Mr. Thompson stated the Master Plan had been approved by City Council and no further action by the City was necessary. Mr. Thompson stated the request before the Coastal Commission would allow Pacific Rim to increase the density of their project, and there were private citizens present who objected to the request. - Mr. Thompson said any expenses paid by the City should be reimbursed by those attending from the City staff and Council Members. Council Members requested this item be placed on a future Agenda. 3oe Reed, 1008 Daisy Avenue, read a prepared statement quoting Dr. 3ohn Phiffner, who stated governments must constantly change to meet changing conditions and must have challenge from citizens to improve. Mr. Reed spoke in favor of Kip McBane as a Planning Commissioner, asking Council to reconsider the decision to replace him. COUNCIL /\b 3 %a % MEMBERS % %% Dan Hammer, 4015 Isle Drive, spoke suggesting Council enact an Ordinance ensuring the rights of citizens to free speech, religion, and ensuring the right of people to petition their government to redress grievances. Inez Yoder, 7738 Madrilena, stated she was present at the May 14 meeting of the Coastal Commission in Los Angeles. She stated the citizens attending that meeting traveled at their own expense. The City sent seven representatives and five endorsed the Hunt Project. She asked whether it was City policy to endorse developer projects at City expense. Mrs. Yoder said the request by Pacific Rim was to increase density along the northern shore of the lagoon and she felt it was unnecessary to send so many City employees, especially when the Planning Department is too busy to update their maps. She added that no one spoke in favor of deeding the natural habi-tat to the City and officials were quoted as saying they questioned whether the City could maintain yet another park. ORDINANCE FOR ADOPTION: I Ill 10. AB #9447 - AGUA HEDIONDA LAGOON REULATIONS. I Ill Council adopted the following Ordinance: ORDINANCE NO. NS-17, AMENDING TITLE 11, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 11.24 BY THE DELETION OF 11.24.020 (8) TO DELETE THE BOARDSAIL INSURANCE REQUIREMENT FOR AN AGUA HEDIONDA LAGOON USE Lewis Kulchin Pettine Mamaux Larson X I I X X X X PERMIT. I Y5 ~. (26) (20) (64) 0 0 MINUTES June 7, 1988 \\\ 5 Page 4 COUNCIL %?$%%, MEMBERS Z. 8 Z. PUBLIC HEARINGS: 11. AB #I9461 - INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR IMPROVEMENTS TO PARKS DRIVE. John Cahill, Municipal Projects Manager, gave the staff report as contained in the Agenda Bill, with assistance from the representatives of the law firm of Asaro & Keaw. Mayor Lewis opened the Public Hearing at 6:24 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Council adopted the following Resolution: Lewis x Kulchin X RESOLUTION NO. 88-183, AUTHORIZING AND DIRECTING THE Pettine x Larson CITY OF CARLSBAD, DECLARING THE PUBLIC NECESSITY, x Mamaux CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE ), /& RETAINING SPECIAL COUNSEL, AND AUTHORIZING DEPOSIT OF ACQUISITION FUNDS WITH THE COURT, for improvements to Park Drive at Marina and the Park Drive Assessment District. *, ' 12. AB 89462 - STREET LIGHTING DISTRICT NO. 1. Mayor Lewis announced this was the time and place fixed for the public hearing relating to the levy of the annual assessments for costs of maintenance and improvements for STREET LIGHTING DISTRICT NO. 1. City Clerk Lee Rautenkranz announced that notice had been given in the manner and form as required by law, and a Certificate of Compliance was on file and open for public inspection. Ralph Anderson explained the purpose, scope and order 0" procedure forthe public hearing; provided a description of boundaries of the District; explained the extent of maintenance work; presented and summarized "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972"; explained the method and formula of assessment spread and reported that no written protests had been filed. Mayor Lewis opened the Public Hearing at 6:29 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Council adopted the following Resolution: Lewis x Kulchin X ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL Mamaux xx ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT. Larson X HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:30 p.m., and re-convened at 6:38 p.m., with all Members present. RESOLUTION NO. 88-184, CONFIRMING THE DIAGRAM AND X Pettine 194 .. 0 0 MINUTES (76) 3une 7, 1988 \\& 5 Page 5 COUNCIL %y$%T I MEMBERS Z. t~ Z. DEPARTMENTAL AND CITY MANAGER REPORTS: I Ill 13. AB /I9463 - REQUEST FOR REINSTATEMENT OF KIP MCBANE TO THE PLANNING COMMISSION. Council Member Pettine stated he asked for this item t be placed on the Agenda and he referenced Council Goal and Objectives, and requested Council act with compassion in accordance with their stated goals. He reiterated Mr. McBane's qualifications and stated that in his opinion Mr. McBane was the best qualified applicant for the Planning Commission. 1 Council Member Pettine reiterated the reasons previously cited by Council Members for Mr. McBane's removal from the Planning Commission and explained why he felt those reasons were invalid. Council Member Pettine asked Council to reinstate Mr. McBane to his position on the Planning Commission. Kip McBane, 2691 Crest Drive, addressed Council telling of the support he had received from the citizens and stating the allegations against him were false. He stated the real reason he was removed from the Planning Commission was to allow the pro-growth faction of the community to get in control. He concluded, stating he should be reinstated to the Planning Commission. Tom Smith, 2323 Ocean Street, spoke on behalf of Kip McBane, and asked for reinstatement of Mr. McBane to the Planning Commission. Richard Yoder, 7738 Madrilena, spoke on behalf of Mr. McBane, telling of his work experience, aualifications and willingness to serve the City of CarLsbad. He stated Mr. McRane was a strong defender of the Growth Management Plan and he urged Council to reinstate him on the Planning Commission. I I I I Leslie Williams, 2691 Crest Drive, Kip McBane's wife, spoke on behalf of her husband. She explained that this was her legal name and she objected to accusations that she was hiding her identity when she spoke before the Planning Commission. She referenced past accusations against her husband and stated they had been harassed. She stated he should be reinstated to the Planning Commission. Bob Snyder, 3655 Highland Drive, stated he was a developer and was upset over Mr. McBane's dismissal from the Planning Commission. Mr. Snyder stated Mr. McBane should be reinstated on the Planning Commission. William Daugherty, 2600 La Golondrina Street, asked for the reinstatement of Mr. McBane. Iy3 .- ( e 0 MINUTES \\b 5 %+!A1 June 7, 1988 Page 6 COMMISSIONERS .;t. e 2. "0 +% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Henry Thompson, 3r., 330 Chestnut Avenue, asked Council to reinstate Mr. McBane as a Planning Commissioner, stating he was well-qualified. Pamela Slater, 1541 Crest Drive, Encinitas, spoke on behalf of Kip McBane, requesting his reinstatement. Dan Hammer, 4015 Isle Drive, representing Friends of Hosp Grove, spoke on behalf of Mr. McBane. He stated Council's removal of Mr. McBane was, in fact, a suppression of free speech. Mr. Hammer stated Mr. McBane did not make improper use of City information. The S.O.S. group used the information to petition government for redress of grievances, and Mr. McBane is not responsible for the actions of others. Michael Pottorff, 906 San guan Place, Oceanside, complimented Carlsbad for the progressive way it has handled City matters in the past, comparing it to his City of Oceanside, where incorrect decisions have resulted in a lack of direction. Mr. Pottorff stated Oceanside had suffered from past personal vendettas and Carlsbad would also suffer from such actions. It was moved and seconded that Mr. McBane be reinstated Lewis X to the Planning Commission. The motion failed due to Kulchin lack of a majority. Pettine X Mamaux Larson X 76) 14. AB CY464 - PLANNING COMMISSION APPOINTMENT. Council Member Pettine nominated Kip McBane for Planning Commissioner. Council Member Mamaux nominated Debbie Davis. Council Member Larson nominated Stephen L'Heureux. Council Member Kulchin nominated Debbie Davis. Mayor Lewis nominated Barbara Donovan. Dan Hammer, 4015 Isle Drive, addressed Council on behalf of Kip McBane as Planning Commissioner. games Swab, 3640 Adams Street, questioned the selection criteria used by Council. Shirley Swab, 3640 Adams Street, read a letter from Heather Sager, 2911 Highland, in support of Kip McBane for Planning Commissioner. Ann Mauch, 6741 Oleander, stated Kip McBane's dismissal was invalid because the reasons cited by Council were not valid; therefore, there was no vacancy and any appointment to the Planning Commission would be invalid. )4z .. - a e MINUTES (57) June 7, 1988 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council Members reaffirmed their nominations. Lacking a majority for a nomi.nee, the item was continued for one week. RECESS : Mayor Lewis delcared a recess at 7:40 p.m., and Council re-convened at 7:53 p.m., with all Members present. 15. AB #I9465 - RESOLUTION SUPPORTING INCLUSION OF THE LEUCADIA BOULEVARD CONNECTION IN THE ENCINITAS I GENERAL PLAN. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show the circulation plan of the City of Carlsbad. Another transparency was shown showing the proposed Leucadia extension deleted and the proposed alternate routes to be used to disseminate the traffic. The City Manager indicated since the extension was deleted from the Encinitas General Plan, it would be appropriate for a Council Member and a staff member to make a presentation to the Encinitas Council, indicatinc Carlsbad's concern with this deletion. Dolores Welty, 2076 Sheridan Road, Leucadia, addressed Council, asking whether this road should be in place before development was allowed. Ms. Welty stated growth needed to be controlled, and sensitive areas should be protected. Council Member Pettine questioned whether the City should re-evaluate their position on SA 680 before appearing before the Encinitas City Council. Mr. Holzmiller stated Carlsbad's adopted Circulation Element supports 680. City studies show that 680 was needed on a regional basis, but would not impact Carlsbad's traffic if downgraded or deleted. He further stated that the presentation was to focus on the Leucadia Boulevard extension, which would impact Carlsbad's traffic, if deleted. Council adopted the following Resolution, and in addition Mayor Lewis and one staff member were authorized to make a presentation at the Encinitas City Council meeting: RESOLUTION NO. 88-159, SUPPORTING THE INCLUSION OF LEUCADIA BOULEVARD BETWEEN EL CAMINO REAL AND INTERSTATE 5 AS A MA30R ARTERIAL IN THE CIRCULATION ELEMENT OF THE ENCINITAS GENERAL PLAN. I l/-1/ I COUNCIL /\iJ % %% 3 MEMBERS % %% Lewis Mamaux X Pettine X Kulchin X xx Larson X ..- e e MINUTES (76) (28) (81) 3une 7, 1988 Page 8 MEMBERS COUNCIL \ \ 1 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 16. AB 89466 - PLANNING COMMISSION GOALS AND WORK PROGRAM FOR 1988. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using transparencies to show the process for determining the goals, work program and the six subcommittees. Council Member Mamaux stated he felt there should be three members on the General Plan Update Subcommittee. He also felt that Project Quality Control. is a higher priority than the Noise Element. Council approved the Planning Commission Goals and Work Program for 1988 and directed staff to proceed with the Lewis Larson consistent with the Growth Management Plan. Mamaux General Plan immediately to make the General Plan Pettine technical corrections to the various elements of the Kulchin Council Member Mamaux stated his no vote reflected opposition to the placement of Project Quality Control as a lower priority than the Noise Element. 17. AB f9467 - APPOINTMENT TO SAN MARCOS ENVIRONMENTAL REVIEW BOARD. I Council adopted the following Resolution: Lewis Kulchin RESOLUTION NO. 88-186, APPOINTING TOM ERWIN TO SERVE AS A NON-VOTING MEMBER OF THE CITY OF SAN MARCOS Pettine Mamaux ENVIRONMENTAL REVIEW BOARD. Larson 18. AB f9468 - HOSP GROVE DEBT ISSUE. I I Jim Elliott, Finance Director, gave the staff report as contained in the Agenda Bill, with a representative from the underwriting firm present to answer questions. Council adopted the following Resolution: RESOLUTION NO. 88-187, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AUTHORIZING AND DIRECTING EXECUTION OF A PURCHASE AGREEMENT, APPROVING A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. Lewis Kulchin Pet t ine Mamaux Larson ~ I CARLSBAD PUBLIC IMPROVEMENT CORPORATION: I The City Council assumed its role as the Board of Directors of the Carlsbad Public Improvement Corporation at 8:48 p.m., and Council re- convened at 8:53 p.m., with all Members present. Lewis Kulchin Pettine Mamaux Larson I I 70 I \ 5 8 X X X X h \ X X X X ~ X X X X X X X X X X X X X X X I .. .3) 0 MINUTES June 7, 1988 Page 9 ~~ ~~ ~~~~~~ COUNCIL REPORTS: 3AC - Council Member Mamaux reported the budget had been completed and referred to the City Manager. Downtown Village Merchants Council Member Kulchin reported on a recent meeting and a fashion show presented jointly by the Merchants and the Girls Club. S.O.S. Initiative Mayor Lewis reported Council Member Larson and he had met with the S.O.S. group; however, they had turned in their petition. He stated he had asked that this item be placed on the Agenda next week for discussion and Council action concerning open space. AD30URNMENT: By proper motion, the Meeting of June 7, 1988, was adjourned at 8:58 p.m. Respectfully submitted, - JR.;=b=”-\ ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk /3 9 - COUNCIL \$$ * %% 3 MEMBERS % $% ~