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Home My WebLink About1996-10-22; City Council; Minutes (5)0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 22, 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 6:09 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 ANNOUNCEMENTS: City Manager Ray Patchett stated that at 7:OO p.m. staff would give Council an update on the fire in the south end of the City. City Attorney Ron Ball stated that at 7:OO p.m., a motion should be made to consider the Fire Update Report off agenda in accordance with Section 54956.5(b)(2) of Government Code. INVOCATION: Invocation was given by Mayor Lewis in sympathy for those victims whose property and homes were destroyed by the fire of October 21, 1996. PRESENTATIONS: Mayor Lewis presented a Proclamation to Executive Director Marva Bledsoe, Women’s Resource Center, for DOMESTIC VIOLENCE AWARENESS MONTH. Mayor Lewis presented a Proclamation to members of VFW Post #11505 for BUDDY POPPY DAYS. Mayor Lewis presented Proclamations for RED RIBBON WEEK to Barbara Gordon and Barbara Masters, Family Recovery Center. Judi Strang, Executive Director, San Dieguito Alliance for Drug Free Youth also presented proclamations to students representing the six Carlsbad schools. 0 0 October 22, 1996 CITY COUNCIL Page 2 ANNOUNCEMENTS: Mayor Lewis announced that Council Members had been invited to attend and participate in the following events: The Water Agencies Association of San Diego County Annual Fund-raiser Bar-B-Que, to be held at Holiday Park, Carlsbad, on Thursday, October 24, 1996, at 3:OO p.m. The League of California Cities Quarterly Meeting, to be held at the La Mesa Community Center, La Mesa, on Thursday, October 24, 1996, at 6:OO p.m. The Red Ribbon Ceremony , to be held at Carlsbad High School, Carlsbad, on Monday, October 28, 1996, at 7:30 a.m. The Kids are Worth a Million Campaign Press Conference to be held at 6400 Ponto Drive, Carlsbad, on Monday, October 28, 1996, at 10:30 a.m. The League of Women Voters Candidates Forum, to be held at the City Council Chambers, Carlsbad, on Wednesday, October 30, 1996, at 7:OO p.m. The Gemological Institute of America Tour and Ceremony, to be held at 5355 Armada Drive, on Saturday, November 2, 1996, at 2:30 p.m. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Nygaard, Council unanimously approved the minutes of the following meetings, as presented: Minutes of the Special Meeting held October 1, 1996. Minutes of the Regular Meeting held October 1, 1996. CONSENT CALENDAR: Mayor Lewis requested that Item No. 11 be removed from the Consent Calendar and considered after Item No. 15. Council Member Finnila requested that Item No. 7 be removed from the Consent Calendar. Council Member Kulchin requested that Item No. 1 be removed 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 1, 7, and 11, as follows: 46 81 74 81 81 59 81 45 0 0 October 22, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR (continued): WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #13,856 - APPROVAL OF FUNDING FOR ADDITIONAL SCHOOL CROSSING I GUARDS. This item was removed from the Consent Calendar. 2. AB #13,857 - ACCEPTANCE OF DONATION. Council adopted Resolution No. 96-344, accepting a donation of $1,000 to the Carlsbad Senior Center, to support special luncheons. 3. AB #13,858 - LIABILITY AND WORKERS’ COMPENSATION CLAIMS SETTLEMENT AUTHORITY. Council adopted Resolution’No. 96-345, revising the liability and workers’ compensation claims settlement authority. 4. AB #13,859 - ACCEPTANCE OF DONATION. Council adopted Resolution No. 96-346, accepting donations and in kind services totaling $15,070 in support of the 1996 Carlsbad International Bodysurfing Championships. 5. AB #13,860 - ACCEPTANCE OF DONATION. Council adopted Resolution No. 96-347, accepting donations and in kind services totaling $29,750 in support of the 1996 Carlsbad Triathlon and Luau Festival. 6. AB #13,861- REQUEST FOR OUT OF STATE TRAVEL TO ATTEND BI-TECH SOFTWARE USER GROUP CONFERENCE. Council adopted Resolution No. 96-348, approving out-of-state travel for three City employees to attend the Bi-Tech Software National User Group Conference in Reno, Nevada, October 30 through November 2, 1996. 7. AB #13,862 - APPOINTMENT OF BOND COUNSEL AND FINANCIAL ADVISOR FOR CARLSBAD MUNICIPAL GOLF COURSE. This item was removed from the Consent Calendar. 0 0 October 22, 1996 CITY COUNCIL Page 4 CONSENT CALENDAR (continued): 74 8. AB #13,863- REQUEST FOR AUTHORIZATION TO DESTROY RECORDS IN THE RISK MANAGEMENT DEPARTMENT. Council adopted Resolution No. 96-351, authorizing the destruction of certain records in the Risk Management Department. 98 9. AB #13,864 - REQUEST FROM CONTINENTAL HOMES FOR STREET NAME .13 CHANGES IN RANCHO CARRILLO MASTER PLAN. Council approved a request from Continental Homes to allow street name changes in the Rancho Carrillo Master Plan Project to reflect an early California Ranch theme. 74 10. AB #13,865 - APPROVAL OF AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH CARLSBAD POLICE OFFICERS’ ASSOCIATION. Council adopted Resolution No. 96-352, amending the Memorandum of Understanding with the Carlsbad Police Officers’ Association by the amendment of Article 23 regarding probationary period. 113 11. AB #13,870 - APPROVAL OF AGREEMENT WITH CONTINENTAL HOMES FOR 45 GRADING PERMIT. This item was removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR: 46 1. AB #13,856 - APPROVAL OF FUNDING FOR ADDITIONAL SCHOOL CROSSING GUARDS. ACTION: Council adopted Resolution No. 96-343, appropriating funds in the amount of $8,000 for additional school crossing guards for Mission Estancia and Aviara Oaks elementary schools. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall a 0 October 22, 1996 CITY COUNCIL Page 5 81 7. AB #13,862 - APPOINTMENT OF BOND COUNSEL AND FINANCIAL ADVISOR 45 FOR CARLSBAD MUNICIPAL GOLF COURSE. ACTION: On motion by Council Member Finnila, Council adopted Resolution No. 96-349, appointing Jones Hall Hill and White to act as Bond Counsel on behalf of the City in any bond issue related to financing of the Carlsbad Municipal Golf Course; and Resolution No. 96-350, appointing Fieldman Rolapp to act as financial advisor to the City in development of the financing program and issuing of any debt to finance the Carlsbad Municipal Golf Course. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCE FOR ADOPTION: 67 12. AB #13,866 - ADOPTION OF ORDINANCE NO. NS-382 TO PROHIBIT JUMPING, DIVING, OR FISHING FROM PUBLIC BRIDGES. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS-382, amending Title 11 of the Municipal Code to prohibit jumping, diving or fishing from public bridges where posted. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: Bonnie Wren, 3342 Camino Coronado, thanked Council for approval of the additional crossing guards at Mission Estancia and Aviara Oaks Schools. 0 e October 22, 1996 CITY COUNCIL Page 6 PUBLIC HEARING: 24 13. AB #13,834 - ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE. Mayor Lewis opened the duly noticed Public Hearing at 6:39 p.m., and issued the invitation to speak. Since no one wished to speak on the item, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted ORDINANCE NO. NS-381, amending Title 7, Chapter 7.08 of the Municipal Code by the amendment of Section 7.08.010, to adopt by reference, the recently revised San Diego County Code of Regulatory Ordinances dealing with rabies, animal control and regulations. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:40 p.m., and re- convened at 7:OO p.m. with all Council Members present. OFF AGENDA ITEM: ACTION: On motion by Mayor Pro Tern Nygaard, Council agreed to consider a report on the status of the Harmony Grove Fire in the city in accordance with Section 54956.5(b)(2) of the Government Code. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall STAFF REPORT ON HARMONY GROVE FIRE. Fire Chief Dennis Van der Maaten began the report stating the current estimates showed a total of 8,592 acres burned, of which 1,074 acres were in Carlsbad. He stated the fire was currently 60% contained. There were 74 plus structures destroyed, and 54 of those were in Carlsbad. He stated there is currently no immediate threat from the fire, and the cause was suspicious. Police Chief Bob Vales continued the report discussing the impact on the Police Department resources. He stated there were two reports of looting, but those reports were unconfirmed. There are several units dedicated to the fire area. m 0 October 22, 1996 CITY COUNCIL Page 7 REPORT ON HARMONY GROVE FIRE: (Continued) Community Services Director Dave Bradstreet reported that the Red Cross had set up operations at the Mission Estancia Elementary School, 3330 Calle Barcelona, and they would be there until 8:00 p.m. tonight and their hours would be from 8:OO a.m. to 8:00 p.m. on Wednesday. He stated the Red Cross is providing food, clothing, shelter, medical assistance, crises intervention and counseling at the site. City staff is also at the site to assist the Red Cross and to facilitate access to services and information to those families impacted by the fire. Planning Director Mike Holzmiller and Principal Building Inspector Pat Kelley gave a current assessment of the damage to structures resulting from the fire. They stated that 54 homes were completely destroyed and 13 were damaged at an estimated replacement value of 12.1 million dollars for the structures only. The report was concluded with slides showing some of the homes destroyed by the fire. RECESS: Council adjourned for a recess at 7:40 p.m., and reconvened at 7:49 p.m. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 74 14. AB #13,867 - AMENDMENT TO PERS CONTRACT FOR LOCAL 45 MISCELLANEOUS MEMBERS. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION No. 96-353 a Resolution Of Intention to approve an amendment to a contract between the Board of Administration of the Public Employees’ Retirement System and the City Council of the City of Carlsbad; and introduced ORDINANCE NO. NS-383, authorizing an amendment to the contract between the City Council and the Board of Administration of the California Public Employees’ Retirement System. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 0 0 October 22, 1996 CITY COUNCIL Page 8 24 15. AB #13,868 - ESTABLISHMENT OF PRIORITIZATION SYSTEM FOR INTERIM IMPACTS. Mark Dillon, representing Russell W. Grosse Development Co., 1921 Palomar Oaks Way, Suite 200, Carlsbad, addressed Council. He stated they are currently processing the Sunny Creek project, and it should be considered as one of the pending projects. He stated he was present to submit a letter dated October 22, 1996 in support (a copy of which is on file in the City Clerk’s 0ffice)and to express support for the item, Craig Benedetto, 6336 Greenwich Drive, San Diego, representing the BIA, stated the BIA does not support the concept of prioritization under the 4(d) rule. He stated it is tantamount to a moratorium. The solution is for the city to work on the Habitat Management Plan, and the only system that is fair is “first come, first served”. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION No. 96-354 approving policies and procedures for implementation of the Federal Special Rule for interim take of the California Gnatcatcher. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ITEMS REMOVED FROM THE CONSENT CALENDAR: 11. AI3 #13,870 - APPROVAL OF AGREEMENT WITH CONTINENTAL HOMES FOR GRADING PERMIT. The City Attorney recommended approval of the agreement stating it is consistent with the program adopted by Council action on Item No. 15. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION No. 96-358 approving an agreement with Continental Homes for the issuance of a grading permit for the grading of the Rancho Carrillo Development; with the appropriate adjustments to the agreement by the City Attorney to reflect the proper legal entities authorized to execute it on behalf of Continental Homes and its related entities. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall e rl, October 22, 1996 CITY COUNCIL Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS (continued): 28 16. AB #13,869 - CARLSBAD PERSONNEL BOARD APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION No. 96-326 appointing Kathleen Blair to the Carlsbad Personnel Board; and adopted RESOLUTION No. 96-355, appointing Marni Betz to the Carlsbad Personnel Board. 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 October 22, 1996, was adjourned at 8:13 p.m. Respectfully submitted, ALETHA &dQi! L. RAUTENKRAN City Clerk