Loading...
HomeMy WebLinkAbout1988-08-02; City Council; Minutes,e 0 e c MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: August 2: 1988 Time of Meeting: 6a00 p.m. Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. POLL CALL was taken by the City Clerk? as follows: "- Present: Council Members Lewis: Kulchin, Pettine, Mamaux and Larson. Absent : None m INVOCATION was given by Reverend Cathy Ellicott-Carver of the Unity Church of Carlsbad. ___.. PLEDGE OF ALLEGIANCE was led by Council Member Marnaux. PRESENTATION: Mayor Lewis read a Proclamation declaring the week of August 1 -6, 1988, as NATIONAL CLOWN WEEK in the City of Carlsbad. The Proclamation was accepted by "R. 8. Kornstalk" who introduced three other clowns from the Mira Costa Clowns. APPROVAL OF MINUTES: Minutes of the Ad$ourned Reaular Meeting held July 19, 1988, were approved as presented. Minutes of the Regular Meeting held 3uly 19, 1988, were approved as presented. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (100) 1. AB #9551 - ESTABLISHING TAX RATES FOR FISCAL YEAR 1988-89 FOR LIBRARY AND SEWER GENERAL OBLIGATION BONDS. Council adopted RESOLUTION NO. 88-254, fixing the amount of revenue from property taxes necessary to pay the bonded indebtedness of the "1962 Sewer Eonds, Series A, B and C" and "1966 Library Bonds" for fiscal year 1988-89: and Counci.1 adopted RESOLUTION NO. 88-255, setting the tax rate for the 1988-89 fiscal year. I I 22x c COUNCIL \\b 5 ?? ?A% ? MEMBERS % $% Lewis X Larson X Mamaux X Pettine xx Kulchin X Lewis X Larson X Mamaux X Pettine xx Kulchi n X - .. 0 0 MINUTES (97) (26) (41) (23) (45) (97) (45) (97) (45) (51) (45) (51) aust 2, 1988 Page 2 CONSENT CALENDAR: (Continued) 2. A5 89552 - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO BID IMPROVEMENTS FOR PARK DRIVE AND MARINA DRIVE, PR03ECT 3216. Council adopted RESOLUTION NO. 88-256, approving plans and specifications, authorizing the City Clerk to advertise for bids, authorizing the appropriation of funds for the improvements to Park Drive, Project No. 3192, and improvements to the intersection of Park and Marina Drives, Project No. 3216. 3. AB #I9553 - SETTLEMENT OF LAWSUIT - PETER C. DAVID CO. V. CITY OF CARLSBAD. Council adopted RESOLUTION NO. 88-257, approving settlement in the case entitled Peter C. David Company v. City of Carlsbad. 4. AB 89554 - APPROVAL OF AGREEMENT FOR COORDINATORS AND TEMPORARY SCULPTURE EXHIBIT. Council adopted RESOLUTION N0.88-258, approving an agreement with Annette Ridenour and Terri Rodgers for a temporary sculpture exhibit and appropriation of funds. 5. AB /I9555 - 1987-88 STREET SLURRY SEAL PROGRAM - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 88-259, accepting bids and authorizing the execution of Contract No. UjMl8 with California Pavement Maintenance Company, Inc., for the 1987-88 streets slurry seal program. 6. AB 89556 - NOTICE OF COMPLETION - IMPROVEMENTS TO ELM AVENUE, EAST OF EL CAMINO REAL - PROJECT NO. 3230. Council adopted RESOLUTION NO. 88-260, accepting the construction of street improvements to Elm Avenue east of El Camino Real, Project No. 3230, as complete. 7. AB f9557 - REVISION TO AGREEMENT WITH PALOMAR COLLEGE FOR PARAMEDIC TRAINING. Council adopted RESOLUTION NO. 88-261, approving an aqreement between the City of Carlsbad and the I governing board of Palomar College to provide paramedic instruction. 8. AB 89558 - TRANSFER OF SURPLUS FIRE PUMPER. Council adopted RESOLUTION NO. 88-262, declaring a fire pumper surplus, and authorizing the transfer of same to the San Diego Community College District. 22 I \\i$ 5 COUNCIL % %% 3 MEMBERS ?G $% 0 0 MINUTES (50) (111) (78) (99) (45) (74) (37) August 2 7 1988 Page 3 CONSENT CALENDAR: (Continued) 9. AB #9559 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 88-263, authorizing the destruction of certain files in the Finance Department. 10. AB 89560 - VOLUNTARY WATER CONSERVATION. I Council adopted RESOLUTION NO. 88-264, encouraging voluntary water conservation to reduce water consumption by 10%. 11. AB #9561 - APPROPRIATION OF POLICE ASSET FORFEITURE FUNDS. Council adopted RESOLUTION NO. 88-265, appropriating $28,000 from the Police asset forfeiture fund for acquisition of equipment to support police activities. 12. AB 89562 - APPROVAL OF PLAN CHECK CONSULTANT LIST AND AGREEMENTS. Council adopted RESOLUTION NO. 88-266, approving agreements with plan check consultants Willdan Associates, Fraser Engineering and Helming Engineering and authorizing the Mayor to execute the agreements and authorizing the maintenance of a list of qualified plan check consultants. 13.AB #9563 - RECLASSIFICATION OF SECRETARY I IN MUNICIPAL PR03ECTS TO SECRETARY 11. Council adopted RESOLUTION NO. 88-267, authorizing the reclassification of the Secretary I in Municipal Projects to Secretary 11. PUBLIC COMMENT: Dan Hammer, 4015 Isle Drive, stated that Last Saturday was the second annual forest and lagoon clean-up for Hosp Grove and the duck landing, with a good turn-out. He stated that the amount of debris was much less than last year, which spoke well of the citizens using the a rea. Mr. Hammer commented on the compromise reached with the open space aroup and added that he hoped the majority of the members of the citizens committee would be people who would reflect the concerns of the citizens of Carlsbad and would be people who cared about open space and the future use of this land. ORDINANCE FOR ADOPTION: I 14. AB 89548 - CITY COUNCIL SALARIES. I Maurice Kimball, 1623 James Drive, spoke in opposition to the salary increase for the Mayor and Council Members, stating they did not deserve a raise. J2 0 I COUNCIL I\i$ % ?L$ ’ MEMBERS % $% ,. 0 0 MINUTES (112) (37) (70) (45) August 2, 1988 COUNCIL \k A9 0 Lo A 3 Page 4 MEMBERS % $% ORDINANCE FOR ADOPTION: (Continued) Council adopted the following Ordinance: rx Kulchin >( Lewis OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF Mamaux F SECTION 2.04.010 TO INCREASE THE COMPENSATION OF THE Larson MAYOR AND MEMBERS OF THE CITY COUNCIL. 1 PUBLIC HEARING: ORDINANCE NO. NS-28, AMENDING TITLE 2, CHAPTER 2.04 1 Pettine 15 .. AB 119564 - WEED ABATEMENT - PUBLIC HEARING TO HEAR PROTESTS TO COST ASSESSMENTS AND CONFIRM COST. Mike Smith of the Fire Department gave the staff report as contained in the Agenda Bill. Mayor Lewis opened the Public Hearing at 6t15 p.m. 9 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 >( Kulchin x FIRE CHIEF SHOWING COST OF WEED ABATEMENT AGAINST EACH Mamaux xx PARCEL OF LAND IN SAID REPORT, CONFIRMING THE COST, AND larson x PROVIDING FOR COLLECTION ON THE REGULAR TAX BILL. DEPARTMENTAL AND CITY MANAGER REPORTS: RESOLUTION NO, 88-268, CONFIRMING THE REPORT OF THE >( Pettine 16. AB #I9565 - COUNCIL RESPONSE TO PUBLIC COMMENT. Mayor Lewis stated he had requested this item be placed on the Agenda because other city councils have been responding to public comment and he wanted the City Attorney to give an opinion on this. He said that it was the opinion of the City Attorney that Council could discuss any public comment made, particularly if it involved giving the full picture and supplying correct information. However, Council could take no action at that time and the City Attorney would monitor the discussion to advise Council when to close the discussion. Council announced their intention to change past Lewis xx practices and allow Council discussion of public Kulchin x comment items within the guidelines in the City Pettine X Attorney's memorandum dated 3uly 19, 1988. Mamaux x Larson x City Attorney Vincent Biondo further clarified the Public Comment time by stating that the law indicates that this time is to be used for the public to discuss matters of public interest and within the jurisdiction of the City. Other topics need not be heard by the Cou nci 1. 17. AB 119566 - CONSULTANT AGREEMENT FOR DESIGN OF THE BUENA VISTA LAGOON VISITATION AREA AND 3EFFERSON STREET BIKE PATH IMPROVEMENTS - PR03ECT NO. 3156. 3ohn Cahill, Municipal Projects Manager, gave the staff report as contained in the Agenda Bill, using slides to show the area to be improved. 219 .* e 0 August 2, 1988 MINUTES Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Cahill stated this project would go to bid this year, and would require a Coastal permit. That permit would require no winter season grading, and if that could not be waived, it would probably be April of 1989, before construction could be started. In response to Council Member Larson's query regarding traffic, Mr. Cahill explained there would be a right turn in and out to the visitation area to enhance the safety of ingress and egress. Ron Wootton, 5451 Avenida Encinas, President of the Buena Vista Lagoon Foundation, stated this project would be the shortest construction period for the longest anticipation period in many years. Fir. Wootton thanked Council and staff for their work in arriving at the three-party agreement which included the State of California. Council adopted the following Resolution: RESOLUTION NO. 88-269, APPROVING A CONSULTANT AGREEMENT WITH KELTNER AND ASSOCIATES FOR THE DESIGN OF THE BUENA VISTA LAGOON VISITATION AREA AND IMPROVEMENTS TO 3EFFERSON STREET. (48) 18. AB !I9567 - TRANSIENT OCCUPANCY TAX INCREASE - SPECIAL TAX FOR GOLF COURSE AND TENNIS FACILITIES. Dan Hammer, 4015 Isle Drive, stated he thought this was an idea whose time had come, as a golf course was something everyone could support. He indicated it would take a lot of effort, but thought everyone should get behind this project and support it. Council adopted the following Resolutions, introduced the followinu Ordinance and repealed Ordinance No. NS- IO: (one motion) RESOLUTION NO. 88-270, AMENDING RESOLUTION NOS. 88-225 AND 88-226 CALLING AND GIVING NOTICE OF THE HOLDING OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 8, 1988, TO INCLUDE THE SUBMISSION TO THE QUALIFIED ELECTORS AN ORDINANCE RELATING TO INCREASING THE TRANSIENT OCCUPANCY TAX BY AN ADDITIONAL 2% TO FINANCE THE CONSTRUCTION OF A PUBLIC GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES IN THE CITY. RESOLUTION NO. 88-271, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED ORDINANCE PERTAINING TO AN INCREASE IN THE TRANSIENT OCCUPANCY TAX TO PAY FOR THE CONSTRUCTION OF A PUBLIC GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES. RESOLUTION NO. 88-272, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE. Council determined all Council Members' names would be inserted in the Resolution. a18 COUNCIL \\K % 4 %' 3 MEMBERS % $% Lewis xx Larson X Mamaux X Pettine X Kulchi n X Lewis X Larson X Mamaux X Pettine xx Kulchin X e 0 MINUTES ( August 2, 1988 Page 6 1 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council introduced the followinq Ordinance: ORDINANCE NO. NS-29, AMENDING TITLE 3, CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 3.12.035 TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE BY 2% TO PAY FOR A QUALITY REGULATION MUNICIPAL GOLF COURSE, TENNIS COURTS AND OTHER RECREATIONAL FACILITIES. Council repealed Ordinance No. NS-10. ;77) 19. AB f9568 - LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 8. Phil Carter, Assistant to the City Manager, gave the staff report as contained in the Agenda Bill, using a transparency to show Zone 8. Brian Milich, Kaufman and Broad, 12520 High Bluff Drive, San Diego, asked Council to deny the plan without prejudice. Council. adopted the following Resolution: RESOLUTION NO. 88-273, DENYING WITHOUT PREJUDICE THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 8, KELLY RANCH, ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR OF EL CAMINO REAL. AIRPORT ROAD, SOUTH OF PARK DRIVE ? EAST OF 1-5 AND WEST COUNCIL REPORTS: North Countv Landfill Coalition Council Member Pettine called attention to the summary of the landfill study and evaluation of the top six sites. City/School Committee Council Member Mamaux reported on a recent meeting and announced the groundbreaking for the Senior Center is to be September 16. Corridor 78 Council Member Mamaux stated the Advisory Committee is preparing recommendations on the corridor study. 3AC Council Member Mamaux reported on a recent meeting and the fact that the San Marcos Water Board is going to reconsider their position on secondary treatment. SANDAG Council Member Mamaux reported on recent activities. 217 I COUNCIL /\iJ %pw /o J+% MEMBERS Z. tp Z. Lewis Kulchin X X Larson X Mamaux xx Pettine X * I$ a )i MINUTES August 2 y 1988 Page 7 COUNCIL REPORTS: (Continued) 3AC - Council Member Larson reported on the recent meeting of the Solids Advisory Committee. Oowntown Village Merchants Council Member Kulchin reported on a meeting held this morning . Shoreline Preservation Council Member Kulchin stated she attended a workshop July 25 on shoreline protection. North County Task Force on Immigration Mayor Lewis asked to have this item added to his list of reports on the Agenda. Mayor Lewis announced the Reserve Police Officers' Banquet would be on Friday, August 5, 1988, at 6:30 p.m., at Pea Soup Andersen's. AD30URNMENT: By proper motion, the Meeting of August 2, 1988, was adjourned at 6:48 p.m. Respectfully submitted, w /- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk J /L - COUNCIL /\iQ %p%Z /o +.p/ MEMBERS + rl, 2.