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HomeMy WebLinkAbout1995-01-10; City Council; Minutes (2)9 0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 10,1995 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~~ CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: None. SPECIAL REPORT: Fire Chief Van Der Maaten, Police Chief Vales and Community Services Director David Bradstreet gave a report on emergency services and damage sustained during the rain storm last Wednesday, January 4, 1995. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Nygaard, the Minutes of the following Meetings were approved as presented: Minutes of the Regular Meeting held December 13, 1994. Minutes of the Regular Meeting held December 20, 1994. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the action of the Consent Calendar, Items #1 through #7, as follows: AYES: Lewis, Nygaard, Kulchin, Finnila and Hall WAIVER OF ORDINANCE TEXT READING: Council waived the reading of all Ordinances and Resolutions at this Meeting. 105 1. AB #12,971 - APPROVAL OF 1994-95 SUBRECIPIENT AGREEMENT WITH THE GIRLS CLUB OF 45 CARLSBAD. Council adopted RESOLUTION NO. 95-1, approving a 1994-95 Subrecipient Agreement for Federal Community Development Block Grant funds with the Girls Club of Carlsbad for the renovation and improvement to their facilities located at 3368 Eureka Place. s 0 e 74 99 45 36 39 81 45 99 January 10, 1995 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 2. AB #12,972 - RECLASSIFICATION OF BUILDING MAINTENANCE WORKERS IN COMMUNITY SERVICES DEPARTMENT. Council adopted RESOLUTION NO. 95-2, reclassifying two incumbents in the Community Services Department from Building Maintenance Worker 1 to Building Maintenance Worker 11. 3. AB #12,973 - APPROVAL OF AGREEMENT WITH BSI CONSULTANTS, INC., FOR ENGINEERING PIANCHECKING SERVICES. Council adopted RESOLUTION NO. 95-3, approving a consultant agreement with BSI Consultants, Inc., for engineering planchecking services. 4. AB #12,974 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 95-4, authorizing destruction of certain files in the City Clerk's Office. 5. AB #12,975 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on the status of City investments as of November 30, 1994. 6. AB #12,976 - APPROVALOF AGREEMENT FOR ACQUISITION OF RIGHT-OF-WAY AT 3997 PARK DRIVE. Council adopted RESOLUTION NO. 95-5, approving an agreement with the Goddard Family Trust for the acquisition of right-of-way on property located at 3997 Park Drive to allow the construction of sidewalks in the area. 7. AB #12,979 - APPROVAL OF REIMBURSEMENT TO CARLTAS COMPANY FOR CONSTRUCTION OF MASTER DRAINAGE PIAN FACILITY. Council adopted RESOLUTION NO. 95-8, approving a one-time reimbursement of $342,686 to the Carltas Company for the construction of a Master Drainage Plan facility. PUBLIC COMMENT: Richard Day, 134 Country Wood Lane, Encinitas, stated he is a new business owner in Carlsbad, with offices located at 5355 Avenida Encinas, Suite 11 0, and last weekend there were two burglaries to his place of business, resulting in a loss of equipment. He stated that the second night, with an alarm system and new lock, he arrived at his office before the police arrived. He asked for any help that can be supplied by the Police Department to safeguard the businesses in that area. Mr. Day also expressed concern about the high cost of a business license in Carlsbad as compared with other nearby cities. 7 0 0 January 10, 1995 CITY COUNCIL Page 3 PUBLIC COMMENT: (Continued) Kathleen Wellman, 4213 Isle Drive, President of Caring Residents of Carlsbad, stated that five years ago in March this .group brought to the attention of City Council the need for a shelter for the homeless men in Carlsbad, and a shelter was established for them. She said that now there are women and children who are homeless in Carlsbad, and the Board of the Caring Residents of Carlsbad passed a Resolution at their meeting last night, requesting City staff to explore the extent of the need and ways to meet the need for a shelter for homeless families (women and children) in Carlsbad. John Jones, 3044 State Street, stated his concern that the pavement by Bauer Lumber had been removed without any prior notice to Bauer Lumber, and that there is to be a divider put down the street, which would mean that there would not be room for the delivery trucks that use that street. Police Chief Vales stated he will talk with Mr. Day, as the Police Department is sensitive to the problem in the area where his office is located. Council requested staff to prepare a report on the need for a shelter for homeless women and children in the City and bring the report back to the Council. Mayor Lewis stated he had met with Mr. Bauer with regard to the matter of the street, and stated that the merchants will be given schedules for construction in the future. PUBLIC HEARING: 105 8. AB #12,977 - CITY OF CARLSBAD 1995-96 CDBG PROGRAM. Mayor Lewis opened the duly noticed Public Hearing at 6:40 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Mayor Lewis requested that each Council Member nominate a citizen for the seven-person committee by next week, as follows: The Southwest Quadrant, Council Member Hall; the Southeast Quadrant, Council Member Kulchin; the Northwest Quadrant, Mayor Pro Tem Nygaard; and the Northeast Quadrant, Council Member Finnila. Staff is to recommend a Section 8 rental resident for the committee, and the Planning Commission and Senior Commission representatives will be selected by Mayor Pro Tem Nygaard and Mayor Lewis after the other members are selected. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95-6, authorizing distribution of Request for Proposals for CDBG Program Year 1995-96; accepting public comments and approving the 1995-96 Community Development Plan; and approving the Revised Application Review Process and other related CDBG documents. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 6 0 0 January 10, 1995 CITY COUNCIL Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 20 9. AB #12,980 - INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF THE PALOMAR TRANSFER STATION. The staff report was presented by Assistant City Manager Frank Mannen, who with the aid of wall exhibits, showed the location and description of the property. Mr. Mannen requested the staff report, as contained in the agenda bill, be incorporated into the record of proceedings. He outlined the City’s need for the property due to the City’s responsibilities under State Law to ensure that solid waste services are provided to its citizens, and also explained the facility is a vital element in the City’s ability to meet the requirements of AB 939 regarding recycling goals. He stated that the County has not demonstrated any compelling public use for this property, and is fact in the process of soliciting proposals from interested potential leasees for use of the property. In response to request from Council Member Kulchin, Mr. Mannen read the newspaper ad which the County had placed in the Union Tribune on January 8, 1995, and in the Blade-Citizen on January 9, 1995, soliciting proposals from potential leasees. (A copy of the ads is on file in the City Clerk’s Office.) Jim Hagaman, Administrative Services/Projects Manager, requested that two binders, one green and one black, be included in the record of the proceedings. He read the Table of Contents and stated that the articles in the binders have been either previously read or acted upon by the City Council. (The Binders and Table of Contents are on file in the City Clerk‘s Office.) Conrad Pawelski, 5960 El Camino Real, President and General Manager of Coast Waste Management, spoke in favor of the eminent domain proceedings for the Palomar Transfer Station, stating this station is necessary for the health and welfare of the citizens of this area. He stated that it is the only state permitted transfer station in north San Diego County and is an integral part of the City’s Waste Management Plan, and has been included in the COSWMP Plan by the County. Robert Olislagers, Airport Manager, 2198 Palomar Airport Road, stated he had been requested to represent the County of San Diego and to read the letter, dated January 10, 1995, signed by David Janssen, Chief Administrative Officer. He stated that the letter offers the County’s comments for consideration and inclusion in the record of proceedings. (A copy of the letter, which was faxed to the City Clerk after 500 p.m., is on file in the City Clerk’s Office.) Joe Minner, 7818 Estancia, an employee of the County Solid Waste Department, stated he was here only to observe the meeting. Mayor Lewis stated that he would like a letter sent to the County tomorrow to protest the manner in which this matter was handled by the County, the inadequacies referenced in Mr. Janssen’s letter, and that fact that there was no one present from the County who was able to respond to questions. City Attorney Ron Ball stated that this meeting is the proper time for the County to object to the legal taking of the property by the City, and that Mr. Janssen’s letter is not as much an objection as it is their opinion, and suggested that Council respond to the positions set forth in the letter. 5 e 0 January 10, 1995 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Assistant City Manager Frank Mannen stated that staff has followed all the procedures necessary for Council to consider the Resolution of Necessity, including offering the County the appraised value of the property, which was refused by the County. In response to the County's first comment, Mr. Mannen stated that the City feels it needs this facility for an economically viable alternative, as the County has failed to provide an economically viable source for waste disposal. In response to inquiry from Mayor Pro Tem Nygaard, Mr. Mannen stated that the County is currently charging a $74.00 per ton tipping fee, while the cost of transporting and disposing of trash at other landfills is currently ranging between $45.00 and $50.00 per ton. Mr. Mannen, in response to the County's second comment, stated that the City is taking this action to ensure that their hauler, whoever that may be (not necessarily Coast Waste Management, who is on a year to year contract) has the capability to provide solid waste and recycling service as economically as possible. He stated that this action is not for Coast Waste's benefit, and the City can provide this service by contracting out or even by providing the service directly. In response to the County's third comment, Mr. Mannen stated that Carlsbad has been contemplating a strategy for solid waste with numerable reports before this Council at public meetings; there have been comments from the public regarding this matter; the North County Solid Waste Management Agency has discussed many alternatives; and the Planning Commission held hearings on acquiring the property with an opportunity for public comment. He stated that the City does have a plan and a strategy and there is no alternative site in the City of Carlsbad permitted to provide this service. It was noted that there has been adequate public discussion of this issue not only in Carlsbad, but throughout the region; that Mayor Lewis and Mayor Pro Tem Nygaard have participated with all the cities in the County trying to work out a plan and have exhausted the possibility of having the County system meet the City's needs: and that members of the County Solid Waste Commission had come to speak to the Council regarding this issue. City Attorney Ron Ball stated that he did not believe the County had submitted any facts to support their conclusions, and inquired if Special Counsel Freeland had any other information to state for the record. Special Counsel Richard Freeland stated that the County had raised the question of lack of notice to the FAA, and that the only notice required at this time to adopt this Resolution is to the property owner. He stated that the FAA is required to be notified, when a change in ownership occurs, not when a change in operation occurs, and this can be done at a later date. In response to Council inquiry, Mr. Mannen stated that the last paragraph of Mr. Janssen's letter stated that no findings under CEQA had been made, and that this property is leased for use as "a repair and storage yard for waste collection trucks and as a recycling facility". He stated that while that wording may be in the lease, the facility has never been used as a repair and storage yard, and has been used as a transfer station and recycling facility from the beginning of the lease. He also stated that the County has become vehement in their objections once the City stopped using County landfills. L/ 11) 0 January 10, 1995 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis reiterated his request, and Council concurred, that a letter be sent to Mr. Janssen and to each of the Supervisors explaining Carlsbad’s position on the matter and objections to the manner in which this matter was handled. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION N0.95-9, authorizing and directing the condemnation of certain real property interests in the City of Carlsbad, State of California, and declaring the public necessity thereof. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 68 10. AB #12,978 - APPOINTMENT TO CARLSBAD COMMUNITY CABLE TELEVISION FOUNDATION. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 95-7, appointing Tracy Carmichael to the Foundation of Carlsbad Community Cable Television. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of January 10, 1995, was adjourned at 7:35 p.m. Respectfully submitted, s* Assistant City Clerk Harriett Babbitt Minutes Clerk 3