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HomeMy WebLinkAbout1988-09-27; City Council; MinutesI 0 e MINUTES (63) (45) (84) (26) (45) !.leeti ng of I CITY COUNCIL (Regula r Eleeti ng) Date of Meeting- September 27 1988 \\iJ 5 Time of Meeting. 6.00 p.m. Place of Meeting:: City Council Chambers COUNCIL % %$ 3 CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. "." ROLL CALL was taken by the Deputy City Clerk; as follows: MEMBERS % %% Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent : None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held September 20 y 1988, Lewis xx Kulchi n were approved as presented. X X Larson X Mamaux X Pettine PRESENT AT ION t %yor Lewis read a Proclamation declaring the week of October 2-8, 19 8, as DOMESTIC VIOLENCE AWARENESS WEEK. The Proclamation was accepted by krva Bledsoe Chriss of the Women's Resource Center. CONSENT CALENDAR: Council Member Larson stated he would abstain on Consent Calendar Item #3. Council affirmed the action of the Consent Calendar, Lewis X a s follows: Kulchi n xx Petti ne Larson Mamaux xi WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. x~ x~ ~ I 1 * A5 #9651 - EXTENSION OF LEASE AGREEMENT FOR BRANCH LIBRARY ". IN PLAZA DE LA COSTA SHOPPING CEWR. Council adopted I?ESOLUTION NO, 88-35? authorizing the extension of lease agreement for Branch L.i.brary in Plaza De La Costa Shopping Center. 2 m -.____. AB B652 - - ANNUAL LETTERHERAD/ENVELOPE PRINTING ~- SERVICES I) Council adopted RESOLUTION NO. 88-36> approving a bid proposa 1 between the City of Carlsbad and Carlsbad Printing Company for annual letterhea dfenvelope printing services. 3. ~___ AB #9653 - AGREEMENT FOR PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT Rm -0F-WAY o Council adopted RESOLUTION NO, 88-37, approving a La rson and the Aladray Family Trust regarding acquisition settlement agreement betweexhe City of Carlsbad X of certain rights-of-way required for the Palomar Airport Road West Assessment District, Project W3151. c q39 e a MINUTES (78) (50) (92) (45 1 (81) (114) September 27, 1988 Page 2 I CONSENT CALENDAR: (Continued) I 4. A0 #9654 - AGREEMENT WITH STATE ACCEPTING PENAL COD REQUIREMENTS RELATING TO SELECTION/TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS. I Council adopted RESOLUTION NO. 88-374, approving an agreement between the City of Carlsbad and the State of California Commission on Peace Officer Standards and Training for participation in the Public Safety Dispatcher Program. 5. A5 C9655 - REFUND OF FEES. I Council approved the refund of $41,306 to Sammis Corporation for cancellation of four building permits. 6. A0 f9656 - FORTIETH SUPPLEMENT TO THE ENCINA JOINT POWERS BASIC AGREEMENT. Council adopted RESOLTUION NO. 88-395, approving the fortieth supplement to the Encina Joint Powers I Basic Agreement authorizing the Encina Administrative Agency to establish a policy for acceptance or rejection of groundwater cleanup discharge. 7. - AB lF.9657 - ACCEPTANCE OF DONATION FROM UNION PACIFIC REALTY COMPANY. Council adopted RESOLUTION NO. 88-396, accepting a I donation of $2,000 from the Union Pacific Realty Company for fireworks at the Pops Concert. I PUBLIC COMMENT: Mr. Girard W. Anear, 1728 Calavo Court, spoke on the matter of late filina penalties. He noted that Odmark Land Company had spent over $5,000 during the November -Election and had not filed the proper statements in a timely manner. He stated that the fine that had been imposed was not enough to prevent the same type of action again. Mr. Anear suggested a late filing fee of a minimum of 10 percent for the first $1,000, with an increase to 12 percent for $2,000; 14 percent for $3,000; the percentage increasing 2 percent for every one thousand dollars. The City Attorney indicated that the formulas for fines for late filing are contained in the Political Reform Act, and that if Council had any questions, they should be addressed to the City Clerk, who is the Filing Officer. ORDINANCES FOR ADOPTION: 8. AB 89644 - CORRECTION OF TYPOGRAPHIICAL ERRORS IN THE HILLSIDE DEVELOPMENT REGULATIONS - ZCA 88-7. Council adopted the following Ordinance: ORDINANCE NO. NS-37, AMENDING TITLE 21, CHAPTER 21.95 OF THE CARLSBAD MUNICIPAL CODE TO CORRECT A TYPOGRAPHICAL ERROR IN SECTIONS 21.95.030(4) AND 21.95.040(a) AND (b). .2 3 I COUNCIL \\b % J-9 0 L* J 3 MEMBERS % %% Lewis X Larson X Mamaux X Pettine xx Kul-chin X '. (37) (86) a e MINUTE September 27, 1988 Page 3 I ORDINANCES FOR ADOPTION : (Continued 1 9. A5 119649 - DISQUALIFICATION FOR CONFLICT OF INTEREST - PROPOSED ORDINANCE IMPOSING 600' RULE. Council Member Pettine stated he would vote 'lno" on this Ordinance for the reasons stated last week. Council adopted the following Ordinance: ORDINANCE NO. NS-38, AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY ME ADDITION OF CHAPTER 1.14 REGARDING DISQUALIFICATION FOR CONFLICT OF INTEREST. DEPARTMENTAL AND CITY MANAGER REPORTS: IO. AB 89658 - CITIZEN REQUEST - PROPOSAL FOR AMENDMENTS TO CAMPAIGN SIGN ORDINANCE .- ~~ ~~ Girard Anear, 1728 Calavo Court, referred to his letter to Ray Pachett, City Manager, dated September 16, 1988, where he suggested changes in the sign ordinance. The first chanue would eliminate the five-day written notice for removal of non-conforming signs and authorize immediate removal by the Director of Building and Planning or his designee. The second recommendation was to allow placing of campaign signs in the right-of-way of vacant property and in the right of-way at the rear of property where the property abuts a collector or arterial street. I - Mr. Anear suggested this be considered as an emergency ordinance before the next election, as he felt there was election sign pollution and people were circumventing the law. City Attorney Vincent Biondo stated that under the existing law, the City can ask a property owner if a sign belongs to them, and if it does not, ask for -permission to remove it. He stated that illegal signs can be removed under the current Ordinance. Council Member Larson stated he had a concern with illegal signs placed on property where it is known to whom the sign belongs. He suggested changing the five day legal notice period to two days and to put offenders on notice that the City intended to enforce the law. Mayor Lewis commented the City has only one Enforcement Officer, and that is part of the problem of enforcing the existing law. City Attorney Biondo stated that for years no sians were allowed i.n the public right-of-way, and when Council adopted the present ordinance allowing signs in the public right-of-way, that was when the five day notice period became part of the ordinance. He added that Council could return to no signs in the public right-of-way. Council determined the matter of amendments to the sign ordinance should be considered after the November, 1988, elect ion. 27.9 I \\b 5 COUNCIL % %% 3 MEMBERS % $% Lewis xx Kulchin X x Larson X Mamaux Pettine ,, 0 e MINUTES September 27, 1988 Page 4 ~ ~~ ~~ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) (28) 11. AB 89659 - CITIZENS' COMMITTEE - OPEN SPACE. Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill. Mr. Holzmiller briefly outlined the proposal for establishing the Committee; the size and how the members will be appointed; the procedures and scope of work to be covered; the proposed meeting schedule; the time frame for completion; and the proposed budget. He stated staff's recommendation that the Committee be appointed on October 18, 1988. Mr. Holzmiller reported that staff will be hiring a consultant to assist in the preparation of reports and the gathering and analysis of information. Council Member Mamaux suggested, and Council concurred, that the Committee's scope of work be amended to include identification of financing methods for acquisition of open space. Mayor Lewis suggested two alternates be appointed to the Citizens Committee, and those two alternates would attend all meetings. In case one of the Members of the Committee drops out, the alternate would already be aware of what the Committee had accomplished. Mayor Lewis stated each Council Member would select three members on October 18, 1988, and he would submit the names of two alternates. Council approved the staff recommendation, including the Charge/Scope of Work, Procedural Guidelines, Tentative Meeting Schedule and Budget, and adopted the following Resolutions: RESOLUTION NO. 88-397, CREATING AND ESTABLISHING A FIFTEEN MEMBER AD HOC CITIZENS COMMITTEE TO REVIEW -CARLSBAD'S OPEN SPACE PLAN AND PROGRAM, as amended to include two alternates to be appointed to attend all Committee Meetings, and to incLude the financina methods for acquisition of additional open space in "Exhibit A", Charge/Scope of Work. RESOLUTION NO. 88-352, APPROVING A TRANSFER OF APPROPRIATIONS TO FUND THE CITIZENS COMMITTEE TO STUDY OPEN SPACE. (102) 12. AB 89660 - ROADWAY IMPROVEMENTS ON A PORTION OF RANCHO SANTA FE ROAD. City Engineer Lloyd Hubbs introduced the item, using a tansparency to show the proposed alignment. He stated that based on accident experience, staff has tried to find an interim solution. Traffic Engineer Bob Johnson continued the report, explaining the three Alternatives, as contained in the Agenda Bill. He stated that staff is recommending Alternative No. 1. Alan Recce, 7442 Trigo Lane, spoke in favor of staff's recommendation for Alternative #I. He added that equal consideration should be given to adding a guardrail. P 39L I COUNCIL /\k % 91% % MEMBERS % $3 Lewis Pettine X Kulchin X X Larson X Mamaux xx ~ %I e 0 MINUTES (70) September 27, 1988 Page 5 - ~~ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Recce requested a firm thetable for the realignment of Rancho Santa Fe Road, and requested that the realignment of Rancho Santa Fe Road be expedited. Mike Glass, 3340 Bajo Court, stated he had been prepared to endorse the recommendation, but now he could not do so, as the alignment as proposed was iil- conceived and showed a total lack of understanding of the problem in that area and the intersection at Cadencia. Mr. Glass said the rear end accidents are not-from people turning left onto Cadencia, but from Cadencia onto Rancho Santa Fe Road. He said the people traveling on Rancho Santa Fe Road are moving at a high rate of speed and there is a sight distance problem. He suggested this money be spent on the permanent realignment of Rancho Santa Fe Road. Council Member Kulchin suggested continuing this item and having Mr. Glass and Mr. Recce go over this with staff. Mayor Lewis commented that the realignment of Rancho Santa Fe Road would be five to seven years in the future, but this item deals with a situation that needs to be corrected now. He added that the City is pursuing the realignment in a prudent manner, but when a short-term problem arises, the City feels it is necessary to correct that now. Mr. Hubbs indicated the consultant would determine the final realignment for this section of the road and staff would work with Mr. Glass and Mr. Recce in order to improve the safety characteristics of the roadway before the final realignment. Mr. 3ohnson explained the curve would be straightened out and fill used to improve the sight distance. Also, .an acceleration lane would be included at Cadencia. Council adopted the following Resolution: RESOLUTION NO. 88-355, AUTHORIZING STAFF TO SOLICIT PROPOSALS FROM QUALIFIED CONSULTING CIVIL ENGINEERS TO PREPARE PLANS, SPECIFICATIONS AND COST ESTIMATES FOR ROADWAY IMPROVEMENTS ON A PORTION OF RANCHO SANTA FE ROAD. Marty Orenyak, Community Development Director, stated the City was not dragging its feet on the realignment of Rancho Santa Fe Road, but the major obstacle was the financing of the road. He said the realignment program was still proceeding, but that ownership of the La Costa Ranch Company land had changed. He stated staff is continuing to work with the new owners. 13. A5 f9661 - STATUS REPORT ON THE CONDITION OF CARLSBAD'S BEACHES AND OCEAN FRONT AREAS. Dr. Choule Sonu of Tekmarine, Incorporated, gave a complete status report on the condition of Carlsbad's beaches and ocean front areas, as contained in the report given to Council Hemhers 235 COUNCIL I\\ % %% % MEMBERS % $% , I Lewis X Larson xx Mamaux X Pettine X Kulchin X a e MINUTES - I ~ COUNCIL \b %T e $,% Jb September 27, 1988 Page 6 MEMBERS Z. 8 $ DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) John Cahill, Municipal Projects Manager, continued the report, using a slide presentation showing beach areas. Council received the report and took no action on the matter. (92) 14. AB 89662 - ENCINA WATER POLLUTION CONTROL FACILITY YEAR 2020 FACILITIES PLAN AND PHASE IV EXPANSION. City Engineer Lloyd Hubbs gave the staff report as contained in the Agenda Bill. Council adopted the following Resolutions: (one Lewis xx Larson AND CAUSING NOTICE TO BE FILED WITH THE COUNTY CLERK. X Mamaux RESOLUTION NO. 88-353, APPROVING THE PHASE IV PROJECT X Pettine X Kulchin motion) X RESOLUTION NO. 88-354, APPROVING THE ENCINA WATER POLLUTION CONTROL FACILITY YEAR 2020 FACILITY PLAN. - RECESS : Mayor Lewis declared a Recess at 7:58 p.m., and Council re-convened at 8:05 p.m., with all Members present. (48) 15. AB 119663 - PROPOSED LETTER OF SUPPORT FOR GOLF COURSE. Council Member Mamaux urged the other Council Members to sign the letter to inform the public how Council reached its conclusions on Proposition "M". Council approved the proposed letter of support for Lewis X Proposition "M" and authorized all Council Members to Kulchin X Pett ine sign the letter. X Mamaux xx Larson X (28) 16. AB f9650 - SENIOR CITIZEN COMMISSION APPOINTMENTS. Council adopted the following Resolutions: (one X Larson SENIOR CITIZEN COMMISSION. X Mamaux RESOLUTION NO. 88-343, APPOINTING GEORGE HEARD TO THE X Pettine X Mulch in mot ion) xx Lewis RESOLUTION NO. 88-344, REAPPOINTING DORIS RITCHIE TO THE SENIOR CITIZEN COMMISSION. INFORMATION ITEMS: (24) 17. ANIMAL CONTROL SERVICES. Report from staff indicating the Oceanside Humane Society declined to submit a bid on providing animal control services for the City. (39) 18. REPORT ON CITY INVESTMENTS. Report from the City Treasurer regarding the City's investment portfolio as of September 1, 1988. 13 0 // \ % A - .. e e MINUTES (35) COUNCIL \\\ 5 %P "0 $8%5, )r September 27, 1988 Page 7 MEMBERS 2. 8 Z. COUNCIL REPORTS: Carlsbad Economic Enhancement Council Council Member Mamaux announced there would be a tour of industrial development in and around Carlsbad on October 12, 1988, between 8:30 a.m. and 12:OO noon. SANDAG Council Member Marnaux reported on a recent meeting. Corridor 78 Council Member Mamaux reported on recent activities. City/School Committee Council Member Marnaux reported the buildings are being torn down at the site of the School/Senior Center. Downtown Village Merchants Council Member Kulchin reported on a meeting held this morning and suggested the arboretum presentation be made before Council. NCTD Council Member Kulchin reported work is being done on the commuter rail proposal. Buena Vista Nature Center Council Member Kulchin reported on the Open House held last weekend. Senior Center Fundraiser -Council Member Kulchin reported on the golf tournament sponsored by Gerico's and stated over $3,000 was raised for the new Senior Center. Futtsu Steering Committee Mayor Lewis called attention to the summary he previously distributed to Council Members. CITY ATTORNEY COMMENTS: City Attorney Vincent Biondo asked the Council by a 415 vote pursuant to Section 1.20.060 f 2 of the Carlsbad Municipal Code to hear an item relating to the League of California Cities that was not on the Agenda due to the matter arising after the Agenda was posted. OFF-AGENDA ITEM: Council agreed to hear an item relating to the League X Pettine of the Carlsbad Municipal Code, as an off-agenda item. X Kulchj-n of California Cities pursuant to Section 1.20.060 f 2 X Lewis Mamaux xx Larson X ,239 -t *. . e 0 MINUTES September 27, 1988 Page 8 OFF-AGENDA ITEM: (Continued) The City Attorney reported that the matter involved a Rule of Professional Conduct No. 2-400 (formerly 2-20C which has been adopted by the State Ear and is present1 pending in the Supreme Court. Mr. Riondo stated he needed Council action before September 30, 1988. The proposed rule would make it unethical for a public attorney to offer to resolve a law suit conditioned upa opposing counsel waiving all or substantial1.y all attorney's fees. He stated this was directly contrary to the City's interest and the public's interest and would prevent the settlement of cases in a way which is beneficial both to the citizens and to the City. I) 4 lr i Mr. Biondo recommended that the City Council, by motion, authorize the City of Carlsbad to officially appear in conjunction with other cities on a brief to be prepared by the League of California Cities to be filed in the Supreme Court opposing the Rule. Council authorized the City Attorney and the City of Carlsbad to appear in opposition to the proposed Rule of Professional Conduct 2-400. CITY ATTORNEY COMMENTS: City Attorney Vincent Biondo gave an update on the trash-to energy matter. He stated that Carlsbad has joined with the cities of Encinitas and Escondido in requesting the Air Pollution Control District to revoke NCRRA's permit because they are in violation of terms and conditions of the permit. ADJOURNMENT: -By proper motion, the Meeting of September 27, 1988, was adjourned at 8:24 p.m. Respectfully submitted, g%k* eputy City Clerk Harriett Babbitt Minutes Clerk 9 99, I \\k 5 COUNCIL % %% ? MEMBERS % %% Lewis Kulchin X X Larson X Mamaux xx Pettine X I ~ I I