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Home My WebLink About1995-06-20; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 20, 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 6:02 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: None. INVOCATION was given by Dr. Dan Grider of the Daybreak Community Church. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. PRESENTATIONS: Representatives from the North County Scots accompanied former 5th District Supervisor John MacDonald to the lectern. Mr. MacDonald, as co-founder and Board Member of the North County Scots and Vice- Chieftain of the 1995 San Diego Scottish Highland Games, invited everyone to attend the Highland Games to be held at Rancho Santa Fe Park the weekend of June 24 and 25, 1995. Mayor Lewis presented certificates and Carlsbad City pins to Carlsbad High School Valedictorian Christian Gutierrez and Salutatorian Tomer Verona. CONSENT CALENDAR: Mayor Lewis announced that Items #3 and #4 were being withdrawn from the Agenda at the request of staff, and there was a request to remove Item #13 from the Consent Calendar. A motion was made by Mayor Pro Tem Nygaard and seconded to affirm the action of the Consent Calendar Items #1 through #13, with the exception of Items #3, #4 and #13. The motion was withdrawn with the consent of the second. CLOSED SESSION: ACTION: On motion by Council Member Kulchin, Council adjourned to a Closed Session at 6:24 p.m., pursuant to Government Code 54957.1 (b)(2), to discuss employee relations and negotiations pertaining to Item #12 on the Consent Calendar, AB #13,197 - Memorandum of Understanding with Carlsbad City Employees Association. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall f L/ If I 0 0 74 84 45 60 84 20 99 74 June 20, 1995 CITY COUNCIL Page 2 Council re-convened at 6:33 p.m., with all five Members present. CONSENT CALENDAR: (Continued) ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the action of the Consent Calendar, Items #1 through #13, with the exception of Items #3, #4 and #13, as follows: AYES: Lewis, Nygaard, Kulchin, Finnila and Hall WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #13,186 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIMS. Council adopted RESOLUTION NO. 95-158, approving the Compromise and Release which authorizes the payment of $70,000 in settlement of Paul Childers’ Workers’ Compensation claims. 2. AB #13,187 - CONTRACT FOR PREVENTATIVE MAINTENANCE FOR MECHANICAL SYSTEMS AND EQUIPMENT. Council adopted RESOLUTION NO. 95-159, accepting the bid and awarding a contract to Southcoast Heating & Air Conditioning for the maintenance of the City’s mechanical systems and equipment. 3. AB #13,188 - AMENDMENT OF CONTRACT WITH NORTHWESTERN NATIONAL LIFE INSURANCE (NWNL). This item was withdrawn from the agenda. 4. AB #13,189 - CONTRACT FOR BLUEPRINTING AND PHOTOCOPY SERVICES. This item was withdrawn from the agenda. 5. AB #13,190 - SETTING PUBLIC HEARING FOR DECLARATION OF PUBLIC NUISANCE. Council adopted RESOLUTION NO. 95-162, setting a public hearing for July 11, 1995, to determine whether the construction site at 5200 Harbor Drive constitutes a public nuisance. 6. AB #13,191 - CLASSIFICATION CHANGES IN THE WATER AND SEWER DEPARTMENTS. Council adopted RESOLUTION NO. 95-163, approving the new classification of Valve Maintenance Worker, amending the General Employee’s Salary Schedule, and reclassifying a Construction & Maintenance Worker I to Construction & Maintenance Worker II in the Water & Sewer Department. I Q 7 11. e 0 99 99 70 92 45 92 74 105 June 20, 1995 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 7. AB #13,192 - ACCEPTANCE OF PUBLIC IMPROVEMENTS OF CARLSBAD TRACT NO. 85-34. Council accepted the improvements; authorized the City Clerk to record the Notice of Completion and release bonds; and directed the Community Services Department to commence maintaining the public improvements constructed on Alga Road from Ambrosia Lane to the eastern side of Mimosa Drive. 8. AB #13,193 - ACCEPTANCE OF PUBLIC IMPROVEMENTS OF CARLSBAD TRACT NO. 90-14. Council accepted the improvements; authorized the City Clerk to record the Notice of Completion and release bonds; and directed the Community Services Department to commence maintaining the public improvements constructed north of Alga Road at Blue Heron Road. 9. AB #13,194 - ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF POINSETTIA COMMUNITY PARK - PROJECT NO. 3348. Council adopted RESOLUTION NO. 95-164, approving the plans and specifications and authorizing the City Clerk to advertise for bids for Phase I of Poinsettia Community Park; and approving Amendment No. 6 to the Design Agreement with The Dike Partnership for construction observation services. 18. AB #13,195 - ENCINA AUTHORIZATION AGREEMENT AND BUDGET AMENDMENT FOR LAND ACQUlSlTlON AND ASSOCIATED SERVICES. Council adopted RESOLUTION NO. 95-165, approving an agreement authorizing the Encina Wastewater Authority (RNA) to acquire land on behalf of the Encina Member Agencies and approving the $4 million budget amendment to the EWA Capital Improvement Program. 11. AB 313,196 - APPROVAL OF THE ENCINA WASTEWATER AUTHORITY FY 1995/96 OPERATING AND CAPITAL BUDGET. Council adopted RESOLUTION NOS. 95-166 and 95-167, approving the Encina Wastewater Authority (RNA) Fiscal Year 1995/96 Operating Budget and Capital Improvement Budget. 12. AB #13,197 - MEMORANDUM OF UNDERSTANDING WITH CARLSBAD CITY EMPLOYEES ASSOCIATION. Council adopted RESOLUTION NO. 95-157, approving a Memorandum of Understanding with the Carlsbad City Employees Association granting a 3 percent salary increase effective January 1, 1995. 13. AB #13.198 - AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN DlEGO FOR RESIDENTIAL REHABILITATION PROGRAM. This item was removed from the Consent Calendar. lYa 0 0 June 20, 1995 CITY COUNCIL Page 4 ITEM REMOVED FROM THE CONSENT CALENDAR: 105 13. AB #13,198 - AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR RESIDENTIAL REHABILITATION PROGRAM. In response to Council query, staff stated that the assessment criteria would include preferences for local ownership. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 95- Diego to include the provision of technical assistance for the administration of Carlsbad’s Rental Rehabilitation Program. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall - 168, amending the Residential Rehabilitation Agreement with the County of San APPROVAL OF MINUTES: On motion by Mayor Pro Tem Nygaard, Council approved the Minutes of the Regular Meeting held June 6, 1995, as presented. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCE FOR INTRODUCTION: 113 14. AB #13,204 - CAR COUNTRY SPECIFIC PIAN AMENDMENT - SP 19(G). ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-315, setting forth standards and procedures for signs in the Car Country Specific Plan. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCE FOR ADOPTION: 39 15. AB #13,199 - ADOPTION OF ORDINANCE NO. NS-312, ADJUSTING THE COMPENSATION OF THE CITY TREASURER. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- - 312, amending Title II of the Carlsbad Municipal Code to adjust the compensation of the City Treasurer. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: Margaret Bonas, 231 Olive Avenue, asked whether the City receives any revenue or profit from the two Village Faires held each year in Carlsbad, and what is the actual cost to the City. Ms. Bonas also questioned the funding for ConVis in the 1995-96 budget, stating those funds should go toward Library staffing to enable the City to build the new Library. i 51 I 0 0 June 20, 1995 CITY COUNCIL Page 5 PUBLIC COMMENT: (Continued) Jim Elliott, Financial Management Director, stated that the Chamber of Commerce netted approximately $45,000 from the street fairs last year, and that any costs to the City are charged to the Chamber and are paid. PUBLIC HEARINGS: 99 16. AB #13,200 - POINSETTIA SHORES PLANNING AREA "A-3" - CT 94-6/PUD 94-5. Mayor Lewis opened the duly noticed Public Hearing at 7:07 p.m., and issued the invitation to speak. Doug Avis, 2300 Alga Road, representing the applicant, Kaiza Poinsettia, stated that this project is a part of the Master Plan that has varied product types, with a lot of pedestrian and beach- oriented views and access. Mr. Avis referenced Condition #22, Planning Commission Resolution No. 3769, and expressed concern about going through the process and missing the opportunity to participate in the combined project. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:18 p.m. Council Member Kulchin recommended that wording of the Affordable Housing Condition #22 in Planning Commission Resolution 3769 be changed from "to the satisfaction of the Community Development Director" to read "to the satisfaction of the City Council". All the Council Members concurred with her recommendation. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- subdivision consisting of one private street lot, one open space lot and 50 residential lots to accommodate 50 detached single family homes on 5,000 square foot minimum-sized lots within Planning Area "A-3" of the Poinsettia Shores Master Plan located north of Batiquitos Lagoon, in the coastal zone in Local Facilities Management Zone 9; as amended to reflect the change of wording in Condition #22 of Planning Commission Resolution No. 3769. - 169, approving a Tentative Tract Map and Planned Unit Development for a 52-lot AYES: Lewis, Nygaard, Kulchin, Finnila and Hall RECESS: Mayor Lewis declared a recess at 7:20 p.m., and Council re-convened at 7:28 p.m., with all five Members present. PUBLIC HEARINGS: (Continued) 29 17. AB #13.201 - 1995-96 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS AND REVISED FEES. Staff called attention to a correction to the agenda bill, as noted in their memorandum dated June 15, 1995, which corrects the items and amount of continuing appropriations. )YO e 0 June 20, 1995 CITY COUNCIL Page 6 PUBLIC HEARINGS: (Continued) Mayor Lewis opened the duly noticed Public Hearing at 7:46 p.m., and issued the invitation to speak on the issue statements. Since no one wished to speak on the issue statements, Mayor Lewis opened the Public Hearing for all public comment. Alan Kindle, 2622 El Aguila, requested Council to re-instate the $125,000 funding for the continuing of the planning for the Master Plan for Carrillo Ranch. Hope Wrisley, 2080 Basswood, thanked the Council for their support of ConVis and requested continued support. Margaret Bonas, stated that other businesses do their own advertising, and she felt that the taxpayers should not have to fund the Chamber of Commerce any longer by funding ConVis. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 758 p.m. HOOTENANNY CONCERT ISSUE STATEMENT ACTION: On motion by Mayor Lewis, Council determined the proposed Hootenanny Concert would not be funded in the 1995-96 budget. AYES: Lewis, Kulchin, Finnila and Hall NOES: Nygaard POLICE VOLUNTEER PROGRAMS ISSUE STATEMENT ACTION: By consensus, Council continued the Police Enhanced Volunteer Program one week and directed Council Members Finnila and Hall to confer with Police Chief Vales. PUBLIC ARTS PROGRAM ISSUE STATEMENT ACTION: On motion by Council Member Finnila, Council approved including $2,500 funding for the Arts Master Plan, and $5,000 funding to enhance the temporary Art Exhibition. AYES: Lewis, Nygaard, Kulchin and Finnila NOES: Hall CONSTRUCTION OF SOUTH CARLSBAD LIBRARY ISSUE STATEMENT ACTION: By consensus, Council moved the planned Library improvements back one year, which will defer the opening of the South Carlsbad Library to 2000. i39 e 0 June 20, 1995 CITY COUNCIL Page 7 PUBLIC HEARINGS: (Continued) WATER RESOURCES DEVELOPMENT PIAN ISSUE STATEMENT ACTION: By unanimous consensus, Council approved including $250,000 funding for the establishment of an overall plan for future water needs which will identify sources and potential development of local water resources to make up for the imported water supply shortfall and bring water availability up to a specified degree of reliability. CARRILLO RANCH ACTION: On motion by Mayor Pro Tem Nygaard, Council included $125,000 funding in the 1995-96 budget for the continuation of Phase II of the Master Plan for Carrillo Ranch. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall CONVIS ACTION: On motion by Mayor Lewis, Council approved the $205,000 funding for 1995-96 for ConVis, plus a 3 percent increase, for a total of $21 1,000. AYES: Lewis, Nygaard, Kulchin and Hall NOES: Finnila (concurred with $205,000 only) ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 170, adopting the final Operating Budget and Capital Improvement Program for the fiscal year 1995-96 for the City of Carlsbad and establishing controls on changes in appropriations for the various funds, as amended by the previous actions; and adopted RESOLUTION NO. 95-171, establishing the 1995-96 appropriation limit as required by Article XlllB of the California State Constitution and State Law; and adopted RESOLUTION NO. 95-172, establishing the fees for City services. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 8:42 p.m., and re-convened at 8:46 p.m., with all five Members present. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 8:46 p.m., and re-convened at 853 p.m., with all five Members present. / .3:9 0 0 June 20, 1995 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: 41 18. AB #13,202 - CALIFORNIA FALSE CLAIMS ACT PROVISIONS. Council Member Finnila requested that the contractors be required to initial the sections in the contracts acknowledging the inclusion of the potential remedies of the City in the event they make fraudulent claims against the City regarding a public contract. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-313, amending Title 3, Chapter 3.32 of the Carlsbad Municipal Code by the addition of various sections to include the California False Claims Act Provisions; and adopted RESOLUTION NO. 95-173, establishing afee for an appeal of contractor disqualification. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 67 19. AB #13.203 - AMENDMENT TO THE CARLSBAD' MUNICIPAL CODE REGARDING THE PROHIBITION AGAINST PICKETING A PRIVATE RESIDENCE. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-314, amending Title 8, Chapter 8.54 of the Carlsbad Municipal Code by the amendment of Sections 8.54.010 and 8.54.020, to prohibit targeted picketing within 300 feet of a private residence. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 105 20. AB #13,205 - AGREEMENT TO JOIN CONSORTIUM FOR THE HOME INVESTMENT 45 PARTNERSHIP FUNDING PROGRAM. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 174, approving an amendment to a Cooperative Agreement with the County of San Diego, the City of Encinitas, the City of Santee and the City of Vista, to form a Consortium to apply for Federal home monies to fund affordable housing programs. 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. ANNOUNCEMENT: Mayor Lewis announced that Council Members have been invited to attend and participate in the following event: Dinner with visiting representatives of LEGO, at the Argyle Restaurant, AVIARA, on Thursday, June 22, 1995, at 6:30 p.m. / -3 3 ,. a e June 20, 1995 CITY COUNCIL Page 9 ADJOURNMENT: By proper motion, the Regular Meeting of June 20, 1995, was adjourned at 9:13 p.m. Respectfully submitted, ALETHA hd% L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk /36