HomeMy WebLinkAbout1996-02-06; City Council; Minutes0 0
MINUTES-
MEETING OF CITY COUNCIL (Regular Meeting)
DATE (OF MEmNG: February 6,1996
TIME OF MEETING. 6:W p.m. PIACE 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 City Clerk, as follows:
Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tern Nygaard and Mayor Lewis.
Absent: None.
" INVOCATION was given by Father Douglas Woodridge of St. Michael's By the Sea Church.
PLEDGE OF ALLEGIANCE was led by Council Member Hall.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Committee Members for the Carlsbad High School Grad Night
'96.
Lynn Flannagan from the San Diego Marathon, thanked the Council for their efforts in moving the San
Diego Marathon to Carlsbad five years ago.
APPROVAL OF MINUTES:
None.
CONSENT CALENDAR:
Council Member Finnila requested Item #9 be removed from the Consent Calendar.
City Manager Ray Patchett requested Item #10 on the Consent Calendar and Item #19 from
Departmental and City Manager Reports be returned to staff.
ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously referred Item #10
on the Consent Calendar and Item #19 from the Departmental and City Manager
Reports back to staff.
ACTION: On motion by Mayor Pro Tern Nygaard, Council unanimously
affirmed the action of the Consent Calendar, Items #1 through
#12, with the exception of Items #9 and #lo, as follows:
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Februa.ry 6, 1996 CITY COUNCIL Page 2
CONSIENT CALENDAR: (Continued)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #13,495 - EMPLOYEE CAPITAL EQUIPMENT COMMITTEE REQUEST FOR CAPITAL
PURCHASES.
Council adopted RESOLUTION NO. 96-42, appropriating funds to replace capital equipment as
recommended by the Employee Capital Equipment Committee.
2. AB #13.496 - APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 96-43, approving the 1995-96 Subrecipient Agreements with
AIDS Foundation, Vista and North County Council on Aging, vista, for Federal Community
Development Block Grant Funds.
3. AB #13,497 - APPROVAL OF SUBRECIPIENT AGREEMENT FOR 1995-96 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 96-44, approving a Subrecipient Agreement with the
Women’s Resource Center for Federal Community Development Block Grant Funds.
4. AB #13,498 - MATERIALS TESTING SERVICES FOR CITY CAPITAL IMPROVEMENT PROJECTS.
Council adopted RESOLUTION NO. 96-45, approving an agreement with Law/Crandall, Inc., for
the provision of annual material testing services for City capital improvement projects.
5. AB #13,499 - REPORT ON CITY INVESTMENTS.
Council accepted and filed the report from the City Treasurer on the status of the City’s investment
portfolio as of December 31, 1995.
6. AB #13,500 - REQUEST FOR EXTENSION OF TENTATIVE MAP - CT 90-25 - CALAVERA HEIGHTS
VILLAGE U.
Council adopted RESOLUTION NO. 96-46, granting a one-year extension of time for Carlsbad
Tract No. 90-25, Calavera Heights, village U.
7. AB #13,501 - REQUEST FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDING.
Council adopted RESOLUTION NO. 96-47, authorizing staff to pursue Transportation Development
Act funding from SANDAG for construction of bicycle and pedestrian facilities in various locations
throughout the City.
a. AB #13,502 - DECLARATION OF PUBLIC NUISANCE AT 3286 HIGHLAND DRIVE.
Council adopted RESOLUTION NO. 96-48, declaring the City’s intention to hold a public hearing
on February 20, 1996, to determine whether the property at 3286 Highland Drive is a public
nuisance.
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February 6, 1996 CITY COUNCIL Page 3
CONSIENT CALENDAR: (Continued)
9. AB #13,503 - FLOOD HAZARD MITIGATION GRANT.
This item was removed from the Consent Calendar.
IO. AB #13,504 - PREPAYMENT AGREEMENT WITH WEST COAST LAND FUND, L.P. - CT 85-15.
This item was returned to staff.
11. AB #13,505 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
Council repealed RESOLUTION NO. 7352; and
adopted RESOLUTION NO. 96-51 and Council Policy No. 59, adopting the Carlsbad
Disadvantaged Business Enterprise Program, and designating the City Engineer as liaison.
12. AB #13,506 - GENERAL PLAN PARTIAL ANNUAL PROGRESS REPORT.
Council accepted the annual report describing progress made in implementing the General Plan
for the period of 7/94 to 6/95.
ITEM 'REMOVED FROM THE CONSENT CALENDAR:
9. AB #13,503 - FLOOD HAZARD MITIGATION GRANT.
ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 96-
- 49, authorizing staff to submit a formal application for grant assistance to finance some flood hazard mitigation projects.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
ORDINANCE FOR ADOPTION:
13. AB #13,507 - ADOPTION OF ORDINANCE - GREEN VALLEY MASTER PIAN, MP 92-1.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS-
348, approving the Green Valley Master Plan for property located north and east
of the City of Encinitas, south of La Costa Avenue, and west of El Camino Real,
in Local Facilities Management Zone 23.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
PUBLIC COMMENT:
Bob Richards, 4615 Park Drive, Board Member of the Agua Hedionda Foundation and Chair of the
Subcommittee that focuses on the dredging and related issues on the Agua Hedionda Lagoon, addressed
the Council on the situation existing between the City and SDG&E with regard to the placement of sand
on the beaches.
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February 6, 1996 CITY COUNCIL Page 4
PUBLIC COMMENT: (Continued)
Mr. Richards stated that SDG&E has filed an action asserting that the City has no authority to tell them
where 'to place the dredged sand, and SDG&E claims that sand placed to the north of the outlet will drift
back into the Lagoon, necessitating the continuing re-dredging of the outer Lagoon. He said that SDG&E
will have to re-dredge sooner at an additional cost, and the City may lose because the sand that will go
on the north beach may well disappear and both will lose if they spend considerable money on litigation.
Mr. Richards stated that the Agua Hedionda Foundation has proposed an alternative; why not spend that
money to start dredging the middle and inner lagoons and let SDG&E place the sand where they want.
This could result in benefits: 1) the City will gain the longer-lasting advantage of more sand on the south
beaches; 2) SDG&E will have better, longer-lasting flushing action for their money; 3) the City will gain
expanded recreational life for the Lagoon; and 4) neither one would have to spend money on lawyers.
Mr. Richards said that the Foundation would like the City and SDG&E to consider this proposal.
PUBLIC HEARING:
20 14. AB #13,508 - MUNICIPAL CODE VIOLATIONS AT 2637 JEFFERSON STREET.
Mayor Lewis opened the duly noticed Public Hearing at 6:30 p.m., and issued the invitation to
speak.
Bob Germano, Real Estate Broker, Peoples Mortgage, spoke for Mr. Mendoza, (who was also
present), the owner of the property on Jefferson Street. He explained that Mr. Mendoza has a
cash. flow problem at this time, but wants to resolve this problem right away. He requested
assistance from the Police Department to help get the transients out of the building. He said Mr.
Mendoza will board up the windows and nail the doors shut to the house and safeguard the pool
area.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:34
p.m.
ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted RESOLUTION NO. 96- - 52, declaring a public nuisance at 2637 Jefferson Street, APN 155-1 70-25-00.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
MUNICIPAL WATER DISTRICT:
Counc:il adjourned to the Municipal Water District at 6:35 p.m., and re-convened at 7:07 p.m., with all five
Members present.
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February 6, 1996 CITY COUNCIL Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
68 15. AB #13,509 - AGREEMENT FOR COMMUNITY PROMOTION SERVICES.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-
Business Association to provide professional services related to the promotion of
the City of Carlsbad.
- 53, authorizing the Mayor to execute an agreement with the Carlsbad Village
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
Noreen Sigafoose, Chairperson of ConVis, thanked the Council and accepted the contract on
behalf of the Board of Directors of the new Convention and Visitors Bureau.
Ms. Sigafoose stated that the Chamber has managed the ConVis for ten years, preparing it for its
independence, and they hope that they can do a great job. She stressed that ConVis and the new
Board will work hard and will cooperate with the Chamber to promote tourism.
97 16. AB #13,510 - CONDEMNATION OF PROPERTY FOR OLIVENHAIN ROAD WIDENING, PROJECT
20 NO. 3466.
City Attorney Ron Ball stated the City Clerk had received a request by the N.W. Railroad to speak
at this meeting; however, no one was present. (This request is on file in the City Clerk's Office.)
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-
54, 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
37 17. AB #13,511 - REVIEW OF 1996 COUNCIL VISION STATEMENT AND GOALS.
Council Member Finnila suggested a change to the wording in the Strategic Values under
"Financial Stability" to read: "Having sound policies ....." and under "Quality of Life Concerns" to
state "Creating a living environment which is environmentally sensitive, that minimizes pollution and
minimizes congestion, is ..... 'I.
ACTION: On motion by Mayor Pro Tem Nygaard, Council approved the new 1996 Vision
Statement and Goals for the City of Carlsbad.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
70 18. AB #13,512 - STATUS REPORT ON BATIQUITOS IAGOON ENHANCEMENT PROJECT.
Seth Schulberg, President, Batiquitos Lagoon Foundation, requested Council support for their
grant application to the Coastal Conservancy and he invited Council Members to attend the
February 22, 1996, meeting in San Francisco, when the Conservancy will be considering the
Foundation's grant request. He also requested the continuation of staff time to assist the
Foundation with its long-term planning efforts at Batiquitos Lagoon.
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Febwary 6, 1996 CITY COUNCIL Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Jim Gault, 7552 Navigator Circle, stated the homeowners bordering on the lagoon are very
supportive of the Batiquitos Lagoon Foundation and are doing all they can to support the
Foundation. He stated he has walked several of the trails and must say that people are not
following the rules with regard to dogs and are trashing the areas. He requested some rules and
regulations for the trails.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-
55, approving a request by the Batiquitos Lagoon Foundation for City Council
support for a Foundation grant application with the California Coastal Conservancy
regarding the Foundation’s proposed improvements, programs and planning
efforts at Batiquitos Lagoon.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
99 19. AB #13,513 - REQUEST BY GREYSTONE HOMES TO PURCHASE AFFORDABLE HOUSING
CREDITS.
This item was returned to staff.
68 20. A6 #13,514 - CARLSBAD COMMUNITY CABLE TELEVISION FOUNDATION APPOINTMENT.
This item was continued.
COUhICIL REPORTS:
Counc:il 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 February 6, 1996, was adjourned at 8:04 p.m.
Respectfully submitted,
ALETtiA &Ad- L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk