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HomeMy WebLinkAbout1996-06-25; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 25, 1996 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:08 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. ANNOUNCEMENT: Mayor Lewis announced that there was a request to continue Agenda Item # 15. Richard Sax, 2192 Palomar Airport Road, representing Burrows Southcoast, Inc., referenced the agenda bill and stated they concur with staff’s recommendation to continue the item. APPROVAL OF MINUTES: None. PRESENTATION: Mayor Lewis introduced Fire Chief Van Der Maaten, who presented John Feess, Carlsbad Fire Department, with the award of San Diego County Paramedic of the Year. Scott Post, San Diego Parametics Association, also presented Mr. Feess with awards. CONSENT CALENDAR: Mayor Lewis removed Items #5 and #6 from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #11, with the exception of Items #5 and #6, as follows: 0 0 June 25, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 70 1. AB #13,707 - APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT WITH 45 PORT OF LOS ANGELES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT. Council adopted RESOLUTION NO. 96-219, approving Amendment No. 3 to Reimbursement Agreement No. 14 19-5 with the Port of Los Angeles for the Batiquitos Lagoon Enhancement Project to increase the budget for outside legal services for ongoing litigation. 41 2. AB #13,708 - SETTLEMENT OF LAWSUIT ENTITLED HENNESSY V. CITY OF CARLSBAD, BALCH - CASE NO. N69207. Council adopted RESOLUTION NO. 96-220, approving the settlement of lawsuit entitled Hennessy v. City of Carlsbad, Balch, Case No. N69207 and authorizing expenditure of funds in the amount of $17,500 for the settlement costs. 84 45 3. AB #13,709 - APPROVAL OF CONTRACT FOR TWO-WAY RADIO MAINTENANCE. Council adopted RESOLUTION NO. 96-221, accepting a bid and approving a contract for two-way radio maintenance with Quigley Communications, Inc., for the period July 1, 1996, through June 30, 1997. 63 4. AB #13.710 - AWARD OF CONTRACT FOR LIBRARY RE-ROOF - 45 CONTRACT NO. CS96-1. Council adopted RESOLUTION NO. 96-222, accepting bids and awarding a contract in the amount of $82,986 to Roejack Roofing, Inc., for the library re- roof. 74 5. AB #13,711 - APPROVAL OF WORKERS’ COMPENSATION BENEFITS FOR VOLUNTEERS. This item was removed from the Consent Calendar. 68 6. AB #13,712 - CARLSBAD CONVENTION AND VISITORS BUREAU QUARTERLY REPORT. This item was removed from the Consent Calendar. 0 0 June 25, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 39 7. AB #13,713 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of City investments as of May 31, 1996. 92 8. AB #13,714 - APPROVAL OF ENCINA WASTEWATER AUTHORITY OPERATING AND CAPITAL BUDGET FOR FISCAL YEAR 1996-97. Council adopted RESOLUTION NO. -6-224, approving the Encina Wastewater Authority Operating Budget for Fiscal Year 1996-97; and adopted RESOLUTION NO. 96-225, approving the Encina Wastewater Authority Capital Improvement Budget for Fiscal Year 1996-97. 54 9. AB #13,715 - APPROVAL OF AMENDMENT NO. 6 TO CONSULTANT 45 AGREEMENT WITH BOYLE ENGINEERING CORPORATION. Council adopted RESOLUTION NO. 96-226, approving Amendment No. 6 to the existing consultant agreement with Boyle Engineering Corporation for construction engineering services for the La Costa Avenue and 1-5 Interchange, Project No. 3219. 84 10. AB #13,716 - APPROVAL OF EMPLOYEE CAPITAL EQUIPMENT COMMITTEE CAPITAL PURCHASE REQUESTS. Council adopted RESOLUTION NO. 96-227, authorizing the appropriation of funds in the amount of $1 1,000 for the purchase of capital equipment as recommended by the Employee Capital Equipment Committee. 41 11, AB #13,724 - SETTLEMENT OF LAWSUIT ENTITLED COAST WASTE MANAGEMENT V. COUNTY, CASE NO. 94-1823-S(BTM). Council adopted RESOLUTION NO. 96-239, authorizing the settlement of the lawsuit entitled Coast Waste Management v. County of San Diego, - Case No. 94-1823-S(BTM). 0 0 June 25, 1996 CITY COUNCIL Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR: 74 5. AB #13,711 -APPROVAL OF WORKERS’ COMPENSATION BENEFITS FOR VOLUNTEERS. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 96-223, making volunteer employees eligible for workers’ compensation benefits. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 68 6. AB #13,712 - CARLSBAD CONVENTION AND VISITORS BUREAU QUARTERLY REPORT. Reports on recent activities were given by Steve Link, Norine Sigafoose and Rick Smock, ACTION: On motion by Mayor Pro Tem Nygaard, Council accepted the quarterly report from the Carlsbad Convention and Visitors Bureau for the period ending April 30, 1996. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: Frank Sorino, 3528 Madison Street, stated it is his responsibility to get the funding for the youth center, and he inquired about the distribution of the community activities funds for 1995-96. Staff indicated the funds have been set aside and are not appropriated at this time. The Finance Department will be submitting a memorandum to Council for consideration within a week or two for the distribution of these funds. PUBLIC HEARING: 98 12. AB #13.717 - ALGA ROAD STREET NAME CHANGE - SNC 95-1. Mayor Lewis opened the duly noticed Public Hearing at 6:45 p.m., and issued the invitation to speak. Larry Clemens, Aviara Land Associates, 201 1 Palomar Airport Road, stated that the City had decided in its General Plan to do things differently as the City grows. He said the City is changing with the coming of the Four Seasons Resort and Lego. Mr. Clemens said it is very important to have the proper signage when you are a tourist designation. He said that 2/3 of the street in question is within Aviara and would cause no problem with the merchants. Mr. Clemens asked for the street name change as requested. e 0 June 25, 1996 CITY COUNCIL Page 5 PUBLIC HEARING: (Continued) Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:50 p.m. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-228, renaming the northwestern portion of Alga Road to Aviara Parkway, located south of Palomar Airport Road and west of El Camino Real in the Southwest Quadrant; and Staff was directed to look at the City policies with regard to adding “Parkway” as an option and examining the duplicity of main street names. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:52 p.m., and re-convened at 6:53 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 85 13. AB #13.706 - PROPOSED CITYWIDE TRAIL SYSTEM. Gary Hill, 3289 Donna Drive, stated he favored a modified Alternative I, as he feels the City should consider some type of volunteer work to help maintain the trails, and perhaps, even help build the trails. He said the City was not ready for a trail system as a whole, but should start with small sections of the trail. Jim Gault, 7552 Navigator Circle, stated he is a proponent of a trail system. He felt the City should first adopt a plan to take care of the existing trails-- either by volunteers or as a City responsibility, to keep them from falling into disrepair. ACTION: On motion by Mayor Pro Tem Nygaard, Council directed staff to: (1) continue to acquire properties through dedication consistent with the Open Space and Conservation Element of the City’s General Plan; (2) require construction of the trail segments rather than requiring bonds for future construction; and (3) to consider establishment of a citizen’s committee at a later date. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall e e June 25, 1996 CITY COUNCIL Page 6 RECESS: Mayor Lewis declared a recess at 7:38 p.m., and Council re-convened at 7:45 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 20 14. AB # 13,7 18 - DECLARATION OF PUBLIC NUISANCE ON PROPERTY LOCATED AT 4702 TELESCOPE AVENUE. William Collins, 4495 Sunnyhill Drive, President of the Board of Directors of the Sunset Place Association, stated this is the homeowners association for this property, and the Board, by unanimous vote, directed him to appear and request Council to declare the property a public nuisance. He expressed the appreciation of the Board and the neighborhood to the Carlsbad Fire Department for a job well done to keep this fire from spreading to other residences. He presented photographs of the property and stated the appearance of the property as well as the smells from the remains are a serious concern to the neighbors. He stated that they are all concerned about the safety of the children in the area, as this is a tempting spot to explore, and is very dangerous. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-229, declaring the City’s intention to hold a public hearing on July 16, 1996, on the abatement of a public nuisance at 4702 Telescope Avenue, APN 207- 412-181-00. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 86 15. AB #13,691 - REQUEST FOR DEFERRAL OR WAIVER OF IMPACT FEES FROM BURROWS SOUTHCOAST. INC. This item was continued until the entire issue of outdoor dining is analyzed by the Planning Department, the Water and Wastewater Rate Study is acted upon by the CMWD Board of Directors, and the implelnenting Municipal Code Sections are modified to reflect those revised allowances. 55 16. AB #13,719 - ESTABLISHMENT OF SOLID WASTE SERVICES RATES. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-230, establishing solid waste services rates; amended in Section 6.b. to read: The service charge for all classes of roll-off boxes shall be $157.24 per collection, plus landfill disposal fees. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall e 0 June 25, 1996 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 68 17. AB #13,720 - PROPOSAL FOR FLOWER FIELDS FOUNDATION AND USE 62 OF CARLSBAD RANCH AGRICULTURAL FEES. Staff reported on the matter as contained in the Agenda Bill, stating they do not recommend supporting Assembly Bill No. 2683. Chris Calkins, 5600 Avenida Encinas, Manager of Carlsbad Ranch Company, asked that this matter be continued two weeks. He stated that if Council did not support the Kaloogian bill, it would not be passed. He suggested Council ask for the bill to be clarified rather than not support it. Mike Mellano, 462 Wilshire, San Luis Rey, stated Mellano and Company is the company Carltas engaged to run the farming part of the flower field operations. He requested this item be continued until July 9. Seth Schulberg, 1713 Catalpa Road, President of the Batiquitos Lagoon Foundation, stated the Foundation agreed in total with the staff recommendations. He submitted a copy of a letter dated June 25, 1996, addressed to Mayor Lewis, a copy of which is on file in the City Clerk’s Office. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-231, expressing support for the creation of an independent non-profit Carlsbad Flower Fields Foundation; and directed staff to return with a report on the proposed structure of the Foundation; and adopted RESOLUTION NO. 96-232, expressing support for legislation that would appropriate $1.5 million to the Carlsbad Flower Field Foundation from the State’s General Fund. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ACTION: By consensus, Council continued consideration of Resolution No. 95-233. 28 18. AB #13,721 - PERSONNEL BOARD APPOINTMENT. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 96-234, re-appointing Joe Eggleston to the Personnel Board. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall. 0 e June 25, 1996 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 28 19. AB #13,722 - BEACH EROSION COMMITTEE APPOINTMENTS. This item was continued to July 9, 1996. 69 20. AB #13,723 - PARKS AND RECREATION COMMISSION APPOINTMENTS. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 96-237, appointing Dennis Cunningham to the Parks and Recreation Commission. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall Resolution No. 96-238 was continued. 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 events: The Villager, Witch Creek Winery, 2906 Carlsbad Boulevard, on Wednesday, June 26, 1996, at 5:OO p.m. ADJOURNMENT: By proper motion, the Regular Meeting of June 25, 1996, was adjourned at 9:52 p.m. Respectfully submitted, ALETHA atLfAL/g- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk ~~