The URL can be used to link to this page

Home My WebLink About1988-07-05; City Council; Minutes(110) (45) (74) 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 5, 1988 Time of Meeting:: 6:OO p.m. Place of Meeting: City Council Chambers COUNCIL h MEMBERS 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. I I Absent: None. I I - INVOCATION was given by Bishop Pope from the Church of Jesus Christ of Latter-Day Saints. PLEDGE OF ALLEGIANCE was led by Council Member Pettine. PRESENTATION: I I Mayor Lewis read a Proclamation declaring the month of July "Friends of the Library Membership Month". The Proclamation was accepted by Dr. Cliff Lange, Director of the Library. APPROVAL OF FINUTES: I I Minutes of the Regular Meeting held 3une 21, 1988, were Lewis approved as presented. Kulchi n Pettine Mamaux Larson CONSENT CALENDAR: Mayor Lewis requested Item #8 be removed from the Consent Calendar. Council affirmed the action of the Consent Calendar, with the exception of Item 118, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all. Ordinances and Resolutions at this Meeting. I Lewis Kulchi n Pettine Mama u x Larson 1. AB 119505 - ANNUAL CONTRACT FOR WATER METERS. I Council adopted RESOLUTION NO. 88-210, accepting bids and authorizing the execution of purchase orders for the purchase of various sizes of water meters. 2. AB f9506 - RENEWAL OF EXCESS WORKERS' COMPENSATION INSURANCE. Council adopted RESOLUTION NO. 88-211, authorizing renewal of the City's excess workers' compensation i nsura nce . B7 I \ 5 p 5 X X h bz. \ X X X X X X X x X X I - e e MINUTES July 5, 1988 Page 2 CONSENT CALENDAR : (Conti nued) (44) 3. AB 89507 - AGREEMENT FOR CONSULTING TRANSPORTATION (45) PLANNING SERVICES. Council adopted RESOLUTION NO. 88-212, approving an agreement for consulting transportation planning services with Bouman and Associates. (81) 4. AB /I9508 - ACCEPTANCE OF GRANT DEED FOR STREET AND (99) GENERAL UTILITIES PURPOSES - CAR COUNTRY (CARLSBAD TRACT 87-3. " Council. adopted RESOLUTION NO. 88-213, accepting a grant deed for street and general utilities purposes from Archie Sillers and Doris Brooking. (81) 5. AB #9509 - ACCEPTANCE OF GRANT DEED FOR DRAINAGE (99) PURPOSES - CAR COUNTRY EXPANSION (CARLSBAD TRACT 87- 3). Council adopted RESOLUTION NO. 88-214, accepting a grant deed for drainage and appurtenant facilities purposes from Carltas Company. (81) 6. AB f9510 - ACCEPTANCE OF GRANT DEEDS FOR STREET (99) PURPOSES - STANDARD PACIFIC OF SAN DIEGO (PRIVATE DEVELOPMENT 293). Council adopted RESOLUTION NO. 88-215, accepting grant deeds for street purposes from Alfonso and Linda Ledesma and Willis and Graciela BLough. (41) 7. AB !I9511 - SETTLEMENT OF AMES V. CITY OF CARLSBAD. Council adopted RESOLUTION NO. 88-216, authorizing the expenditure of funds for settlement of the lawsuit entitled Ames v. City of Carlsbad. ITEM REMOVED FROM THE CONSENT CALENDAR: (113) 8. AB #9512 - STATUS REPORT - DEDICATION OF BATIQUITOS (70) LAGOON. Gary Wayne gave a staff report on this item, reciting the history of the actions leading up to the State of California now holding title to approximately 600 acres of the Batiquitos Lagoon. Larry Clemens, representing Hillman Properties West, Inc., expressed his hope that the enhancement of the Lagoon wil.1 proceed. Council accepted the staff report on the dedication of Batiquitos Lagoon to the State of California. 186 COUNCIL /\iJ %%tl)\$ MEMBERS % $% Lewis X Larson X Mamaux X Pettine X Kulchi n xx a 0 MINUTES r (37) (26) (45) 3uly 5, 1988 Page 3 PUBLIC COMMENT: Mike Lompart, 2025 Chestnut, read from the Declaration of Independence, stressing government receives its power from the consent of the governed. Dennis Meehan, 3981 Gloria Lane, spoke on the Public Comment period, stating it should not be a place to make charges. That portion of Council- Meetings is for public comment and input to help administer the City business and. was not designed for people to make political charges. He suggested that Council consider making changes to require the comment period relate to what is going on in the City so it does not become an intermediary for the prosecutor I s office. ORDINANCE FOR ADOPTION: ~ ~ I 9. - AB Q9494 - REVISION OF CITY COUNCIL PROCEDURES FOR COUNCIL-ORIGINATED AGENDA ITEMS. Council Member Pettine stated he would abstain for the reasons stated last week. Council adopted the following Ordinance: X Lewis Kulchi n xx THE CARLSBrMFNmPAL CODE 8Y THE AMENDMENT OF SECTION Mamaux X ORIGINATED AGENDA ITEMS. PUBLIC HEARING: IO. AB #9513 - PALOMAR AIRPORT ROAD WEST ASSESSMENT ORDINANCE NO. NS-22, AMENDING TITLE 1, CHAPTER 1.20 OF lx Larson 1.20.060 TO REVISE THE PROCEDURES FOR COUNCIL- X Pet ti ne DISTRICT NO. 86-1. ~ Council Member Larson stated he would abstain from -discussion on this matter due to a possible conflict of interest, and he left the dais. Mayor Lewis announced this was the time and place fixed for the Public Hearing on the Engineer's "Report", Resolution of Intention and all other matters re]-ating to Assessment District No. 86-1 (Palomar Airport Road). City Clerk Lee Rautenkranz stated notice of the Public Hearing had been given as required by law and a Certificate of Compliance was on file. City Engineer Lloyd Hubbs gave the staff report as contained in the Agenda Bill. John Cahill stated the last two Resolutions (88-222 and 88-223) were being continued and will be brought back to Council on 3uly 19, 1988. 18s I a 0 MINUTES (70) (45) July 5, 1988 Page 4 MEMBERS COUNCIL \y % % 9L % \ 1- PUBLIC HEARING: (Continued) Mackenzie Brown, Assessment District Counsel, explained the purpose, scope and order of procedure for the Public Hearinq. Gaylor Peterson, with NBS Lowrey, explained the contents of the Engineer's Report. Mayor Lewis opened the public hearing at 6:28 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 Resolutions: (one motion) RESOLUTION NO. 88-217, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S "REPORT" IN A SPECIAL ASSESSMENT DISTRICT. RESOLUTION NO. 88-218, OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT. RESOLUTION NO. 88-219, APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN A SPECIAL ASSESSMENT DISTRICT AND APPROPRIATING FUNDS. Lewis Kulchin Pettine Mamaux Larson X RESOLUTION NO. 88-220, APPROVING UTILITY CONTRACT with Costa Real Municipal Water District. RESOLUTION NO. 88-221, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S ''REPORT". Council Member Larson returned to the dais. 1 II DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB 119514 - AWARD OF CONTRACT FOR CONSTRUCTION OF CARLSBAD BOULEVARD BLUFFTOP WALKWAY. 3ohn Cahill, Municipal Projects Manager? gave the staff report as contained in the Agenda Bill, using a slide presentation. ~ Council instructed staff to return with documents to Larson Resolution: Mamaux Boulevard Blufftop Walkway and adopted the following Pettine Redevelopment Agency for construction of the Carlsbad Kulchin loan $600,000 from the General Fund to the Lewis RESOLUTION NO. 88-224, ACCEPTING BIDS AND AWARDING THE CONTRACT FOR CONSTRUCTION OF CARLSBAD BOULEVARD BLUFFTOP WALKWAY, APPROVAL OF AN AGREEMENT WITH THE CALIFORNIA COASTAL CONSERVANCY, DESIGNATING PROJECT FUNDING SOURCES, AND AUTHORIZING THE TRANSFER AND APPROPRIATION OF CERTAIN PROJECT FUNDS. X I ~ ~ 1 By h rZ. \ X X X X X X X X X X 0 0 MINUTES (97) (37) 3uly 5, 1988 \\b 5 Page 4 COUNCIL ?$ %' 4 MEMBERS % $% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 12. AB /I9515 - RE-STRIPING A PORTION OF LA COSTA AVENUE - VONS ENTRANCE TO CALLE MADERO. Bob Johnson, Traffic Engineer, gave the staff report as contained in the Agenda Bill, using transparencies to show the three Alternatives. Chuck Hodil, 3007 La Costa Avenue, addressed Council stating he favored Alternative B. Robert Huntoon, 2320A La Costa Avenue, spoke in favor of Alternative B, stating he would like one slight change--the left turn lane 10 feet wide and the southern lane 12 feet in width. Jane Grether, 2508 La Costa Avenue, added that speeding is the main problem and asked that signs be installed tc remind people to obey the speed limit. Jim Comunale, 2712 La Costa Avenue, spoke in favor of Alternative B. He urged visible enforcement of the speed limit by the Police and signs stressing this is a residential area and speed laws are strictly enforced. John Mosele, 2722 La Costa, representing Citizens for a Safe La Costa Avenue, spoke in favor of Alternative B, as well as installation of signs. Council Member Larson stated that excessive speed was the problem in that area, and he suggested staff return with a report on special provisions they might be able to recommend, such as signs, visible enforcement, etc. Council. approved the striping proaram identified as Lewis X Alternative B in the Agenda Bill, and requested Kulchin X staff to review the signing and Police enforcement Pettine xx -in that area. Mamaux X Larson X RECESS: Mayor Lewis declared a recess at 7:22 p.m., and Council re-convened at 7:29 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 13. AB 89516 - LIVE BROADCAST OF COUNCIL MEETINGS. Frank Mannen, Assistant City Manager, gave the staff report as contained in the Agenda Bill. Council approved the live broadcast of Council X Lewis Meetings. Kulchin X Pettine xx Mamaux X Larson X 183 0 0 MINUTES I 3uly 5, 1988 Page 6 INFORMATION ITEMS: [37) 14. RESPONSE TO PUBLIC COMMENTS. Henry Thompson, 330 Chestnut Avenue, stated the staff report on this item omitted all information that would have been detrimental. He said it addresses travel costs but does not include salaries of employees and costs for use of vehicles. He said the Coastal Commission staff had recommended 35.5 acres to be maintained as a passive park, and the City rejected tha offer saying it could not maintain another park. He said the City had stated there was no opposition to the Pacific Rim project, yet he had a petition signed by over 500 residents in opposition. I t Mayor Lewis stated there was not one person who opposed that project at the public hearings held before the Planning Commission and the City Council. He said the City had acquired park land from Pacific Rim that was usable as opposed to unusable park areas. Council Member Larson stated that in defense of City staff, the trip to the Coastal Commission was not a "junket". The Pacific Rim project represents ten percent of everything else to be developed in the City, and it was necessary to have City staff present at that hearing to protect the City's interest. Council Member Pettine stated the Ciity has a legitimate reason for appearing before the Coastal Commission on City items, and there were sufficient City items on that agenda. He continued, expressing the opinion that the Council and staff should not speak on behalf of a developer's project. -Mayor Lewis reiterated the Batiquitos Lagoon is a very important part of the southern section of Carlsbad, and the City is working very hard to secure this for the citizens and the State. He stated the Lagoon could not be separated from the Pacific Rim project. Inez Yoder, 7738 Madrilena, stated she attended that Coastal Commission meeting and had previously appeared before Council in opposition to the Pacific Rim project. Mrs. Yoder stated she did not feel it was right for staff to appear at a hearing when citizens were there on the opposite side. She said she was one of three citizens appearing at that hearing, and all citizens went at their own expense. 15CJL COUNCIL /\i$ % %' ' MEMBERS % %% e e MINUTES July 5, 1988 Page 7 INFORMATION ITEMS: (Continued) Dolores Welty, 2076 Sheridan Road, Leucadia, stated she opposed the Pacific Rim project. Mrs. Welty said that it appears that a PUD allows developers to disregard all other City codes. She stated that Council only spoke at the Commission hearing on the Pacific Rim project, and not on the City items. Mrs. Welty expressed concern about the lack of development control in the City. Mrs. Welty said Sammis and Hunt wrote their own Local Coastal Plans and there was nothing to make them comply with their Coastal permits. She said natural resources of a State-wide importance were being lost. (28) 15. APPOINTMENT OF CITIZENS TO CARLSBAD BOARDS AND COMMISSIONS. Mayor Lewis called attention to the memorandum from the City Attorney dated 3une 27, 1988. Council Member Pettine contended that one application was taken after the deadline, and if one were to be accepted, it would be more fair to Let everyone apply again. Council Member Larson stated he understood the deadline applied only to inclusion in the Agenda packet. Mayor Lewis said the appointment could have been delayed for Council Members to interview any applicant, if a Member had asked for that. He also said he did not contact Councll Members to ask for a vote for Mr. Erwin, so there was no violation of the .Brown Act. Council Member Pettine suggested that deadlines for applications not be included in ads, since they had no mea ni ng . Council Member Larson said the comment was made that there was "behind-the-scenes" work to ensure Mr. Erwin's appointment, and he wanted to make it clear that Mayor Lewis asked him whether he had received a copy of Mr. Erwin's application, and nothing else was said. COUNCIL REPORTS: - SANDAG Council Member Mamaux reported on recent activities. Cordidor Commuter Committee Council Member Kulchin reported on a recent meeting. /8/ 7 /\iJ %+w COUNCIL "0 $,% MEMBERS Z. 6 Z. ,I a 0 MINUTES 3uly 5, 1988 Page 8 (41) (74) COUNCIL REPORTS: (Continued) """ Rig Bang Committee Mayor Lewis reported the Fourth of 3uly fireworks was a tremendous success. CLOSED SESSION: 16. CLOSED SESSION PENDING LITIGATION. Council adjourned to a Closed Session to discuss the Peter C. David Company v. City of Carlsbad litigation, at 8:17 p.m., and re-convened at 8:24 p.m., with all Members present. Mayor Lewis announced Council heard the information and instructed the City Attorney accordingly. 17. CLOSED SESSION TO REPORT ON EMPLOYEE LABOR "" - ~- NEGOTIATIONS. I__" This item was withdrawn from the Agenda. AD30URNMENT: By proper motion, the Meetinq of 3uly 5, 1988, was adjourned at 8125 p.m. Respectfully submitted, -i__- aecp(p- kiR- ALETHA L. RAUTENKRANZ City Clerk .Harriett Babbitt Minutes Clerk 180 COUNCIL I\\ % %' $ MEMBERS % %% Lewis Mamaux X Pettine xx Kulchi n X X Larson X i