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Home My WebLink About1995-09-26; City Council; Minutes (2)0 0 MINUTES MEETING OF CITY COUNCIL (Regular Meeting) DATE OF MEETING September 26,1995 TIME OF MEETING: 6:W p.m. PLACE OF MEETING: Ci Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:08 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. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Nygaard, Council approved as presented the Minutes of the following Meetings: Minutes of the Special Meetings held September 1, 1995. Minutes of the Special Meeting held September 5, 1995. Minutes of the Regular Meeting held September 5, 1995. Minutes of the Special Meeting held September 12, 1995. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ABSTAIN: Kulchin (Special and Regular Meeting of September 5, 1995) CONSENT CALENDAR: Mayor Lewis removed Items #2 and #3 from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #5, with the exception of Items #2 and #3, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. I2 1. AB #13,319 - APPROVAL OF APPROPRIATION OF FUNDS TO ENCINA WASTEWATER AUTHORITY. Council adopted RESOLUTION NO. 95-271, approving the appropriation of $26,400 from the Sewer Replacement Fund to the Encina Wastewater Authority (RNA) to fund the upgrade of three Carlsbad ADS flow metering stations. 218 0 0 September 26, 1995 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 31 2. AB #13,320 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. LO5 3. AB#13,321 -AUTHORIZATION TO SUBMIT CITY’S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) ANNUAL PERFORMANCE REPORT TO HUD. This item was removed from the Consent Calendar. 70 4. AB #13.322 - ACCEPTANCE OF IMPROVEMENTS TO THE WEST CARLSBAD BOULEVARD i5 BRIDGE OVER BATIQUITOS LAGOON - PROJECT NO. 3349. Council adopted RESOLUTION NO. 95-274, accepting the improvements to the West Carlsbad Boulevard Bridge over Batiquitos Lagoon as complete and authorizing the City Clerk to record the Notice of Completion and release bonds. 74 5. AB #13,323 - CHANGE OF CLASSIFICATION IN CITY CLERKS OFFICE. Council adopted RESOLUTION NO. 95-275, reclassifying an Office Specialist II in the City Clerk’s Office to Senior Office Specialist. ITEMS REMOVED FROM THE CONSENT CALENDAR: 31 2. AB #13,320 - ACCEPTANCE OF DONATION. Mayor Pro Tem Nygaard recommended, and Council concurred, that staff investigate placing some type of plaque in the Senior Center listing all the names of those having made large donations to the Senior Center. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 272, accepting a donation of $3,000 from the Isabel Brittain Trust to be used for thecarlsbad Senior Center. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 105 3. AB #13,321 -AUTHORIZATION TO SUBMIT CITY’S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) ANNUAL PERFORMANCE REPORT TO HUD. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 273, authorizing the submittal of the City’s draft Comprehensive Housing Affordability Strategy (CHAS) Annual Performance Report for Fiscal Year 1994-95 to HUD for review and approval. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall or717 0 0 September 26, 1995 CITY COUNCIL Page 3 ANNOUNCEMENTS: Mayor Lewis announced that Council Members have ben invited to attend and participate in the following events: Briefing and Tour of Carlsbad with Assemblyman Kaloogian, Carlsbad City Hall, Thursday, September 28, 1995, at 9:00 a.m. Sign Dedication for Frazee State Beach, adjacent to Split Pavilion, Friday, September 29, 1995, at 4:OO p.m. Annual Employee Picnic, Calavera Hills Community Park, Saturday, September 30, 1995, from 12:OO noon to 4:OO p.m. PUBLIC COMMENT: There were no requests to address Council. PUBLIC HEARINGS: 20 6. AB #13,324 - DECLARATION OF PUBLIC NUISANCE ON PROPERTY LOCATED AT 41 1 TAMARACK AVENUE. Mayor Lewis opened the duly noticed Public Hearing at 6:25 p.m., and issued the invitation to speak. David Herskowitz, 1175 Kildeer Court, Encinitas, stated he owns the property at 391 5 Hibiscus Circle. He stated he has been complaining about the property at 411 Tamarack Avenue for some time and fully supports the declaration of a public nuisance. Dale Corbin, 431 Tamarack, stated this property is a constant problem. There are drugs and prostitution there, and urged that something be done immediately. Rodney Miles, 18662 MacArthur Boulevard, Irvine, one of the owners of the property, apologized for the state of the property. Mr. Miles related his attempts to hire someone to remove the debris and clean up the property, but stated to date he has not found anyone willing to do the work immediately. He stated that National Rent-A-Fence had installed the fence, and subsequently it was cut open by trespassers on the back of the property where it could not be seen. Mr. Miles said that the foundation and some of the interior walls of the house are structurally sound, but the others need to be torn down and hauled away. He stated he intends to pursue re-construction of the house. Mr. Miles requested 30 days to get contractors out there to determine just what should be torn down and what, if anything, could be salvaged. He said if none of the walls are salvageable, he would clear it down to the foundation. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:40 p.m. ab 0 e September 26, 1995 CITY COUNCIL Page 4 PUBLIC HEARINGS: (Continued) ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 95- 276, declaring the fire damaged building at 41 1 Tamarack Avenue, APN 296-042- 01-00 a public nuisance. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall LO5 7. AB #13,325 - APPROVAL OF GRANTEE PERFORMANCE REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1994-95. Mayor Lewis opened the duly noticed Public Hearing at 6:48 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 277, approving the submittal of the 1994-95 Grantee Performance Report for the Community Development Block Grant Entitlement Program to the U. S. Department of Housing and Urban Development. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall DEPARTMENTAL AND CITY MANAGER REPORTS: 85 8. AB #13,318 - STATUS OF PROPOSED CITYWIDE TRAIL SYSTEM. In response to Council query, staff stated that one option for Council to consider would be to condition future projects with trails, requiring they be constructed as private trails and operated as private trails by the homeowners association until such time that the City could take over. It was noted that the public would not have access to these trails until they were taken over by the City. Jim Elliott, Financial Management Director, stated that if Council desired to move forward with the process of placing the open space and trail system funding on the ballot, then Council should direct staff to come back with a more detailed report outlining the process, calendar, and fiscal issues related to funding the acquisition and maintenance of an open space and trail system, and the placing of a general obligation bond issue on a future ballot. Gary Hill, 3289 Donna Drive, Director of Facilities, for Gemological Institute of America, stated the report on the trail system and open space is a very complete report and he encouraged the Council to proceed with the trail system. He felt the corporations in Carlsbad could get involved in donating funds or time for the trail system. Tom King, 4781 Gateshead Road, Agua Hedionda Lagoon Foundation President, stated the Foundation had conducted a survey, and an overwhelming 46 percent of those questioned wanted to see trails in the City. He stated the Foundation supports a trail system. Jim Gault, 7552 Navigation Circle, stated he was in agreement that the City should take over the responsibility for maintenance of the public trails and this should be done as soon as possible. He stated the trails need more signage and enforcement of rules and regulations. 215 0 m September 26, 1995 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Gault said that in the Rosalina area, they have a problem with trash on that trail. They had trash cans and benches which were destroyed and/or stolen. He recommended that the City Council separate some of the actions and provide authorization for maintenance and liability of the City-wide trail system and include some requirements for enforcement; and also consider purchasing additional land and building trails. Council Member Finnila stated there are many issues to be considered; one, how important is the trail system to the general citizenry of Carlsbad; and because of the cost, this needs to be looked at carefully. The two options are to fund the entire amount out of the General Fund, or to issue general obligation bonds. A letter from Courtney Heineman dated September 21, 1995, on this subject was made part of the record (a copy of which is on file in the City Clerks Office). Council Member Hall stated this is a matter that is up to the citizens of Carlsbad. Council Member Kulchin stated that it is important to have more information. Council Member Nygaard agreed that it was time to look at the trail system. She said a bond issue would be difficult and mitigation should be studied. She said they need to find out whether there are citizens who would work on trying to get the entire community involved. In the meantime, Mrs. Nygaard said that projects could be conditioned to put in trails and make them private until the City is able to take them over as part of the Citywide trail system. Mayor Lewis stated that he has a different view about forcing private property to put trails in, because the homeowners pick up the liability. He noted that he felt the bond issues will not carry. Mayor Lewis said Council needs to find out what the citizens want. He suggested a citizens committee to look at this and see how to sell it to the general public. The land must be preserved so that future Councils could resurrect the plan. Mayor Lewis suggested a committee of 15 citizens, with each Council Member appointing three. Council Member Hall stated he would like to see a larger number--perhaps 25 people to spread the knowledge. He said that time is short and he does not want to procrastinate, Council Member Kulchin suggested looking into grants. ACTION: On motion by Mayor Pro Tem Nygaard, Council directed staff to prepare a report detailing the process, calendar and fiscal issues related to funding the acquisition and maintenance of an open space and trail system, and the placing of a general obligation bond issue on a future ballot. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall RECESS: Mayor Lewis declared a recess at 7:55 p.m., and Council rexonvened at 8:04 p.m., with all five Members present. CUY I ,, e e September 26, 1995 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 59 9. AB #13,326 - INFORMATION SYSTEMS NEEDS ASSESSMENT AND LONG-RANGE PIAN. Council received a report regarding the Information Systems Needs Assessment and Long-Range Plan. 102 10. AB #13,327 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF UNA WAY. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. addition of Section 10.44.490 to establish a prima facie 25 mile per hour speed limit upon Xana Way from Alga Road to its intersection with Unicornio Street. -9 NS-318 amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 28 11. AB #13,221 - CARLSBAD PERSONNEL BOARD APPOINTMENT. This item was continued. 103 12. AB #13,304 - TRAFFIC SAFETY COMMISSION APPOINTMENT. This item was continued. 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 September 26, 1995, was adjourned at 850 p.m. Respectfully submitted, ALETHA w2.y L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk A 13