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HomeMy WebLinkAbout1995-06-27; City Council; Minutes, 0 m MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 27,1995 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: Ci Council Chambers 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 Hall, Finnila, Kulchin, Mayor Pro Tern Nygaard and Mayor Lewis. Absent: None. APPROVAL OF MINUTES: None. PRESENTATIONS: Gail Watts, Parks & Recreation Department, invited everyone to attend the Triathlon on July 8th and 9th. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the action of the Consent Calendar, Items #1 through #11, 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. 84 1. AB #13,206 - ANNUAL CONTRACT FOR BLUEPRINTING AND PHOTOCOPY SERVICE. 45 Council adopted RESOLUTION NO. 95-175, accepting bids and approving an agreement with Palomar Reprographics for blueprinting and photocopy services for July 1, 1995, through June 30, 1996. /cL 0 0 June 27, 1995 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 96 2. AB #13,207 - AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIRS - CONTRACT 45 NO. U/M 93-9R. Council adopted RESOLUTION NO. 95-176, accepting bids and approving an agreement, in the amount of $89,922, with Signal Maintenance, Inc., for traffic signal maintenance and repairs services. 39 3. AB #13,208 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of the City’s investment portfolio as of May 31 , 1995. 99 4. AB #13,209 - FINAL MAP - CARLSBAD RANCH UNIT Ill - CT 92-7-3. Council adopted RESOLUTION NO. 95-177, approving the Final Map for CT No. 92-73, Carlsbad Ranch Unit 111. 74 5. AB #13,210 - AUTHORIZING THE DESTRUCTION OF RECORDS. Council adopted RESOLUTION NO. 95-178, authorizing the destruction of certain records in the Risk Management Office. 81 6. AB #13,211 - DECLARING AN AREA TO BE A PUBLIC ALLEY - (PR 3.4.2431. Council adopted RESOLUTION NO. 95-179, declaring the alley west of State Street and north of Cedar Avenue to be a public alley for all right-of-way purposes. 74 7. AB #13,212 - REVISED HOURLY SALARY SCHEDULE. Council adopted RESOLUTION NO. 95-180, adopting the revised salary schedule for hourly employees. 31 8. AB #13,213 - APPEAL OF BUSINESS LICENSE LATE PENALTY. Council adopted RESOLUTION NO. 95-1 81, denying Subway #4584’s appeal of the late penalties on their Business License Tax. 60 9. AB #13,226 - AMENDMENT TO CONTRACT WITH NORTHWESTERN NATIONAL LIFE 45 INSURANCE (NWNL). Council adopted RESOLUTION NO. 95-189, amending the contract with Northwestern National Life Insurance, and approving the application for group vision care with Vision Services Plan (VSP). 77 10. AB #13.214 - ESTABLISHMENT OF 1995-96 COMMUNITY FACILITIES DISTRICT NO. 1 ANNUAL TAX. Council adopted RESOLUTION NO. 95-1 82, establishing the 1995-96 Annual Tax for Community Facilities District No. 1. !5/ 0 0 June 27, 1995 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 97 11. AB #13,222 - CONTRACT FOR WIDENING OF ALGA ROAD - PROJECT NO. 3428. 45 Council adopted RESOLUTION NO. 95-184, accepting bids and awarding the contract to Castello, Incorporated, for the widening of the south side of Alga Road between Mimosa Drive and El Camino Real. ORDINANCES FOR ADOPTION: 74 12. AB #13,215 - AMENDMENT OF CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES 45 RETIREMENT SYSTEM (PERS). City Attorney Ron Ball stated that the operative date in Section 4 of this Ordinance has been changed from June 30,1995, to June 29,1995. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- Board of Administration of the California Public Employees Retirement System, as amended to reflect an operative date of June 29, 1995.. - 31 1, authorizing an amendment to the contract between the City Council and the AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 41 13. AB #13,216 - CALIFORNIA FALSE CLAIMS ACT PROVISIONS. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- addition of various sections to include the California False Claims Act Provisions. - 313, amending Title 3, Chapter 3.32 of the Carlsbad Municipal Code by the AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 67 14. AB #13,217 - PROHIBITION AGAINST PICKETING A PRIVATE RESIDENCE. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted 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 113 15. AB #13,218 - APPROVING SP 19(G) FOR SIGNS IN CAR COUNTRY SPECIFIC PLAN. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- - 315, setting forth standards and procedures for signs in Car Country Specific Plan. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 1.5 (5 a 0 June 27, 1995 CITY COUNCIL Page 4 PUBLIC COMMENT: There were no requests to address the Council. PUBLIC HEARINGS: 64 16. AB #13,219 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Staff described the district boundaries and extent of the maintenance work; summarized the "Report"; explained the method and formula of assessment spread; and reported that six letters of protest had been received as of today and 14 telephone calls requesting information. Mayor Lewis opened the duly noticed Public Hearing at 6:17 p.m., and issued the invitation to speak. Andre Williams, 2408 La Costa Avenue, inquired about many assessments there were; how were they paid in previous years; how were the boundaries determined and has Council gotten the opinion of counsel with regard to Proposition 13 and this assessment. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:18 p.m. City Attorney Ron Ball stated that the City is authorized under the Landscaping Assessment Act of 1972 for this assessment and it is not under Proposition 13. The boundaries were established under the 1972 Act for the entire City of Carlsbad. Staff explained that the boundaries were established when the district was first formed in 1983. ACTION: On motion by Mayor Pro Tem Nygaard, Council accepted the public comments and confirmed the date of the second public hearing for August 8, 1995. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PRESENTATION: Fifth District Supervisor Pam Slater addressed the Council, reporting that the Board of Supervisors had voted to re-finance and purchase the trash plant at San Marcos. She discussed the North Country Animal Shelter and stated they will re-build the shelter and stated that the moratorium on off-shore oil drilling was retained as of today. PUBLIC HEARINGS: (Continued) 20 17. AB #13,227 - CONDEMNATION OF PROPERTY. 113 City Attorney Ron Ball referenced a letter dated June 27, 1995, from the County of San Diego, requesting the postponement of this item. (A copy of this letter is on file in the City Clerk's Office.) Mr. Ball stated the letter could be made a part of the record, but really has no bearing on the item. By unanimous consensus, Council agreed to hear the item tonight. /Y 9 e 0 June 27, 1995 CITY COUNCIL Page 5 PUBLIC HEARINGS: (Continued) Richard Allen, Engineering Department, described the project, and reasons for the proposed alignment. He stated Council needed to determine if the public interest and necessity requires the project, and determine if it is located in a manner that provides the most public good and the least private injury. Mayor Lewis opened the duly noticed Public Hearing at 6:46 p.m., and issued the invitation to speak. Eric Larson, 1355 Forest Avenue, President of San Diego County Flower & Plant Association, referenced his letter dated June 27,1995, to Mayor Lewis, with copies to Council Members, stating their desire to have a "Right to Farm" ordinance. (A copy of the letter is on file in the City Clerk's Office.) Bart Malone, 3933 James Drive, stated he is the rose grower that leases Mr. Bons' greenhouse at that location. He said the contractors working on the projects there have not dealt fairly or justly with him or Mr. Bons. He stated that the dust has been so thick that the flower crop was damaged. Mr. Malone requested that Cassia Road be paved to the end of the greenhouses. Tony Bons, 1124 Osage, San Marcos, owner of the property, stated his opposition to the condemnation of part of his land. Mr. Bons stated that he favors a "Right to Farm" ordinance to protect the agriculture in Carlsbad. He asked Council not to condemn this land. Michael McDonnell, Attorney for Mr. Bons, 707 Broadway, Suite 1700, San Diego, stated that it is not fair to take Mr. Bons' land piecemeal. If more is to be taken in the future, then it should all be taken at once, so all of it can be paved at the same time. Also, he requested a block wall be constructed along this area to protect the greenhouses and public from the activities in the farming lands. Dorothy Stevens, Sunfresh Roses owner, El Camino Real, expressed concern about the temporary construction easement for the parking of trucks. She stated that the trucks from the construction would block her front door and her customers would not be able to park there. She stated the La Terraza construction has been extremely noisy and created a tremendous amount of dust. At the present time, she cannot hear her customers on the telephone and she has 400 business accounts in that area. Ms. Stevens stated she has a petition and signatures, as her customers are very concerned about the noise, the dust and the parking of the trucks by her shop. Ben Golvin, representing the La Terraza Project, stated he had met with the developer of Poinsettia Hills to coordinate actions to be taken to resolve all of the condemnation at one time. He stated his company has deposited $28,000 for the completion of the paving beyond the entrance to the west of their property; however, they are not allowed to pave that road at this time. Tim Kruer, General Contractor, stated he had met with Ms. Stevens and they now have a water truck there full time. He stated that with the construction of the water tank down the road and their construction, there has been a lot of dust and trucks from the two projects. He said they would be willing to pave the road all the way, but they can't because they don't have rights to the property. j ~8 0 0 June 27, 1995 CITY COUNCIL Page 6 PUBLIC HEARINGS: (Continued) Guy Moore, 6503 El Camino Real, stated he has lived there since 1966, and the City needs to continue agriculture. He presented a copy of the easements for the water district and stated there is a discrepancy where the water district easement is located and where the deeds put the property line between the property being subdivided and Mr. Bons. He said this is public road #1885C, and is the only access into the residential community and farm operations on top of the hill and follows the natural place for it to be. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:40 p.m. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 190, authorizing and directing the condemnation of road easements for Cassia Road and El Camino Real in the City of Carlsbad, State of California, and declaring the public necessity therefor. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall RECESS: Mayor Lewis declared a recess at 7:55 p.m., and Council re-convened at 8:05 p.m., with all five Members present. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 8:05 p.m., and re-convened at 9:13 p.m., with all five Members present. MUNICIPAL WATER DISTRICT: ' Council adjourned to the Municipal Water District at 9:13 p.m., and re-convened at 9:22 p.m., with all five Members present. INDUSTRIAL DEVELOPMENT AUTHORITY: Council adjourned to the Industrial Development Authority at 9:22 p.m., and re-convened at 9:23 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 78 18. AB #13,228 - POLICE VOLUNTEER PROGRAM ISSUE STATEMENT. 29 ACTION: On motion by Council Member Hall, Council continued this matter. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall / Y 1 0 0 June 27, 1995 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 72 19. AB #13,220 - TWO-HOUR PARKING ON CHRISTIANSEN WAY. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-316, amending Title 10, Chapter 10.40, of the Carlsbad Municipal Code by the addition of Section 10.40.084, to designate a two-hour parking zone on each side of Christiansen Way from State Street westerly to the alley. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 68 20. AB #13,230 - PlACE3S STUDY GRANT APPLICATION. Doug Avis, 2300 Alga Road, President, Benchmark Pacific, referenced his letter dated June 21, 1995, (Exhibit #4 in the Agenda Bill), stating Benchmark Pacific was not interested in becoming a part of the California Energy Commission demonstration grant as presented by SANDAG, as the timing is not right. He stated they acquired the property through the sealed bid process and spent a lot of time developing exactly the mixed use/transportation station dependent project. Mr. Avis said they would be willing to commit to this if their existing planning process would be allowed to continue, and that their project implemented, and that only the northern 15 acres be included in the grant. Also, the City and/or the government agency that ends up owning the Sammis/Copley property should commit to having the portion not used go into the planning process. ACTION: On motion by Mayor Lewis, Council made the determination that the City would not apply for the grant, and the item was filed. AYES: Lewis, Kulchin and Hall NOES: Nygaard and Finnila 28 21. AB #13,018 - UNDERGROUND UTILITY ADVISORY COMMITTEE APPOINTMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 95-34, appointing Lance Schulte to the Underground Utility Advisory Committee. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION 95-48, amending the composition of the Underground Utility Advisory Committee to reflect current staff job titles. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 28 22. AB #13,221 - PERSONNEL BOARD APPOINTMENT. This item was continued. 28 23. AB #13,223 - HOUSING COMMISSION APPOINTMENT. This item was continued. 1-Y (c .- " * 0 June 27, 1995 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 28 24. AB #132,224 - HISTORIC PRESERVATION COMMISSION APPOINTMENT. This item was continued. 76 25. AB #13.225 - PLANNING COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 95-187, re- appointing Peggy Savary to the Carlsbad Planning Commission; and adopted RESOLUTION NO. 95-188, re-appointing Bailey Noble to the Carlsbad Planning Commission. 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 June 27, 1995, was adjourned at 10:05 p.m. Respectfully submitted, ALETHA ud. L. RAUTENKRANZ h City Clerk Harriett Babbitt Minutes Clerk i ~5