HomeMy WebLinkAbout1996-11-05; City Council; Minutes0 0
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 5, 1996
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
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CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:13 p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard
and Mayor Lewis.
Absent: None.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
PRESENTATION:
Mayor Lewis stated a Proclamation of Appreciation will be sent to the
children in the Gardena, California 186'h Street School, Room 13, for their
letters to the victims of the recent fire in Carlsbad. The letters are on
display in the Council Chambers, and Mayor Lewis invited everyone to take
the time to read them.
ANNOUNCEMENT:
Mayor Lewis announced that Council Members have been invited to attend and
participate in the following event:
The Sister City Karlovy Vary Delegation Reception at Pea Soup Andersen's on
Friday, November 8, 1996, at 6:OO 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 Regular Meeting held October 8, 1996.
Minutes of the Emergency Meetings held October 22, 1996.
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November 5, 1996 CITY COUNCIL Page 2
CONSENT CALENDAR:
Council Member Hall requested Item #13 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 #12, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
41 1. AB #13.871 - REPORT OF SETTLEMENT OF LITIGATION - WEST COAST
GENERAL J. V. V. CITY OF CARLSBAD. CASE NO. N66859.
Council accepted the report on the settlement of the litigation West Coast
General J. V. v. City of Carlsbad, Case No. N66859, previously approved in
prior Closed Session, and made the terms and conditions of the settlement
available to the public.
60 2. #13.872 - APPROVAL OF AMENDED JOINT POWERS AGREEMENT FOR 45 THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA
JPARSAC).
Council adopted RESOLUTION NO. 96-359, approving the amended Joint
Powers Agreement of the Public Agency Risk Sharing Authority of
California (PARSAC), to add a definition of alternate, to provide that the
JPA may be amended by a two-thirds vote of the Board of Directors present
and voting at a meeting, and to streamline the references to the Executive
Committee and participation programs.
36 3. AB #13.873 - REQUEST FOR AUTHORITY TO DESTROY FILES.
Council adopted RESOLUTION NO. 96-360, authorizing the destruction of
certain files in the City Clerk’s Office.
99 4. AB #13.874 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 90-31, UNIT 1. AVIARA PLANNING AREA 28.
Council adopted RESOLUTION NO. 96-361, approving the Final Map for
Carlsbad Tract No. 90-3 1, Unit 1, Aviara Planning Area 28.
99 5. AB #13,875 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 90-31,
UNIT 2. AVIARA PLANNING AREA 28.
Council adopted RESOLUTION NO. 96-362, approving the Final Map for
Carlsbad Tract No. 90-31, Unit 2, Aviara Planning Area 28.
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November 5, 1996 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
6. AB #13,876 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 90-30,
UNIT 2, AVIARA PLANNING AREA 30.
Council adopted RESOLUTION NO. 96-363 approving the Final Map for
Carlsbad Tract No. 90-30, Unit 2, Aviara Planing Area 30.
7. AB #13.877 - APPROVAL OF 1996-97 SUBRECIPIENT AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 96-364, approving A Subrecipient
Agreement with Heartland Human Relations and Fair Housing Association
for 1996-97 Federal Community Development Block Grant funds.
8. AB #13,878 - APPROVAL OF CONSULTANT AGREEMENT FOR
ASSESSMENT ENGINEERING SERVICES FOR RANCHO CARRILLO
ASSESSMENT DISTRICT.
Council adopted RESOLUTION NO. 96-365, approving a Consultant
Agreement with the firm of Berryman & Henigar, Inc., for assessment
engineering services for the Rancho Carrillo Assessment District.
9. AB #13,879 - APPROVAL OF CONSULTANT AGREEMENT FOR BRIDGE
INSPECTION SERVICES FOR LA COSTA AVENUE/I-5 INTERCHANGE
PROJECT.
Council adopted RESOLUTION NO. 96-366, approving a Consultant
Agreement with Martin & Dunn, Inc., for bridge inspection services for the
La Costa Avenue and 1-5 Interchange, Project No. 3219.
10. AB #13.880 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of City
investments as of September 30, 1996.
11. AB #13.881 - COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION
NO. 96/97-1 - RANCHO CARRILLO VILLAGES E, J AND K.
Council adopted RESOLUTION NO. 96-367, certifying and adding property
(Rancho Carrillo Villages E, J and K) to the existing Community Facilities
District No. 1.
12. AB #13.882 - AUTHORIZATION FOR GRANT APPLICATION FROM
CALIFORNIA LIBRARY LITERACY SERVICE.
Council adopted RESOLUTION NO. 96-368, authorizing the Carlsbad City
Library to apply for a grant from the California Library Literacy Service for
the Adult Learning Program.
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November 5, 1996 CITY COUNCIL Page 4
ITEM REMOVED FROM THE CONSENT CALENDAR:
LO4 13. AB #13.883 - APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR
45 THE COASTAL RAIL TRAIL PROJECT.
Council Member Hall expressed concern regarding when the Master Plan for
the project would be completed, and requested an update on the status of
the Master Plan. Mayor Pro Tem Nygaard suggested a letter be sent asking
officially about the Master Plan for the Railway Corridor, and Council
unanimously concurred.
ACTION: On motion by Council Member Hall, Council adopted
RESOLUTION NO. 96-369, authorizing the City
Manager to enter the City of Carlsbad as a signatory
agency to the Memorandum of Understanding for the
development of a trail along the coastal rail corridor.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
PUBLIC COMMENT:
Swedina Hurt, 7157 Argonauta Way, spoke about the fire storm that occurred on
October 21, 1996, in Carlsbad, stating that the disaster plan for the City is not
adequate. She stated that there was a breakdown in the communication system and
the Police and Fire Departments were overwhelmed by the emergency. She said
the roads were inadequate to facilitate mass evacuation plus emergency vehicle
access, and there should be selected controlled burning of old chaparral around
the urbadwildlife interface to prevent such fires in the future.
Bernard Schonfeld, 2848 Avenida Valera, spoke on the pending litigation
regarding his claim that the City of Carlsbad is in non-compliance with the
Americans with Disabilities Act. He stated his concerns regarding drinking
fountains, the realignment of parking spaces for the disabled, as well as signage.
PUBLIC HEARINGS:
77 14. AB #13,884 - APPROVAL OF FINANCING PLAN AND LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT FOR ZONE 18 - LFMP 87-18(A)
Mayor Lewis opened the duly noticed Public Hearing at 6:35 p.m., and
issued the invitation to speak
Chris Chambers, Continental Homes, 12636 High Bluff Drive, San Diego,
requested approval of the amendment.
Michael Miller, 2303 Ocean Street, Apt. #4, asked about affordable housing
and whether any was included as part of this project.
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November 5, 1996 CITY COUNCIL Page 5
PUBLIC HEARINGS: (Continued)
Evan Becker, Housing and Redevelopment Director, stated that the Master
Plan for this project provides for 15 percent affordable housing as required
by the Inclusionary Housing Program. He stated his office has the names of
projects with affordable housing and will give the names of the developers
to people calling for that information.
Since no one else wished to speak on this matter, Mayor Lewis closed the
Public Hearing at 6:41 p.m.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-370, approving a financing plan
for Local Facilities Management Zone 18.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
05 15. AB #13,885 - 1997 - 98 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM PUBLIC HEARING AND SOLICITATION OF
COMMENTS.
Mayor Lewis opened the duly noticed Public Hearing at 6:54 p.m., and
issued the invitation to speak.
Gale McNeeley, Fraternity House in San Marcos, spoke of the need for
affordable housing and care for people with AIDS in San Diego County.
Kathleen Wellman, 7144 Aviara Drive, Past President of Caring Residents
and a Member of the Housing Commission, asked Council to pass the
proposal as block grant monies are so important to all the service agencies.
Eddie Preciado, 2476 Impala Drive, Director of La Posada de Guadalupe,
thanked Council for their support and asked for approval of the program.
Ida Yolles, 3449 Don Jose Drive, spoke in favor of the program and the
funding that is needed.
Since no one else wished to speak on this matter, Mayor Lewis closed the
Public Hearing at 7:06 p.m.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-371, authorizing distribution of
requests for proposals for CDBG/Home Program year
1997-98; accepting public comments and approving the
1997-998 CDBG/Home Funding Plan Strategy; and
approving the application review process.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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November 5, 1996 CITY COUNCIL Page 6
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 7:06 p.m.,
and re-convened at 7:07 p.m., with all five Members present.
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 7:07 p.m., and re-convened at
7:50 p.m., with all five Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
97 16. AB #13,888 - AWARD OF CONTRACT FOR CONSTRUCTION OF
45 OLIVENHAIN ROAD WIDENING - PROJECT NO. 3466.
ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted
RESOLUTION NO. 96-372, awarding a contract for the
construction of Olivenhain Road widening, Project No.
3466, to Sierra Pacific West.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
30 17. AB #13.886 - ADOPTION BY REFERENCE OF THE 1996 EDITION OF THE
NATIONAL ELECTRICAL CODE.
ACTION: On motion by Mayor Pro Tem Nygaard, Council
introduced ORDINANCE NO. NS-384, amending Title
18, Chapter 18.12 to adopt by reference the National
Electrical Code (1996 Edition); and
Set the matter for public hearing on December 3, 1996.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
51 18. AB #13.887 - CONTINUATION OF THE DECLARATION OF STATE OF
LOCAL EMERGENCY RESULTING FROM THE HARMONY GROVE FIRE.
Fire Chief Dennis VanDerMaaten reported on the problems which occurred
with radio communications and water pressure during the Harmony Grove
Fire. He reported that all agencies are in the process of upgrading their
communication centers in preparation for the January, 1998 change over to
the 800 MHZ communications system. He stated that staff is working with
U.S. Fish and Wildlife to obtain approvals to clear some of the vegetation
near the urbadwildlife interface. Chief VanDerMaaten also reported that
mutual aid received was of great assistance, but that road construction on
Alga and Alicante had made access more difficult in the area.
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November 5, 1996 CITY COUNCIL Page 7
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Principal Building Inspector Pat Kelly presented the damage assessment,
reporting that 52 single family homes and 2 condominiums in Carlsbad had
been lost in the fire, at the estimated value of $12 million. He stated that
two mailers have been sent out to the affected property owners which
included claims information and general information. Mr. Kelly reported
that 3 fire damage repair permits have been issued to date, that 45
properties have been fenced, and that 14 properties are being cleaned up so
far.
Community Services Director Dave Bradstreet reported on the steps taken by
his department to prevent short term run off problems and mud slides, and
outlined the eight step program put together for this reason. He reported the
location of the city facilities at which sand bags were available to fire
victims, reported that signs and traffic signals had been repaired in the fire
area, and also reported that city crews had painted street addresses on the
curbs in the area.
City Engineer Lloyd Hubbs reported on the long range plans to prevent
drainage and erosion problems in the affected area, including sediment run
off into the lagoons. Mr. Hubbs also explained that additional financial
assistance will be available to the city and the fire victims if the incident is
designated a dkaster.
Fire Division Chief Mike Smith presented the “CEMAT” report, stating the
emergency team and emergency operations center had operated very well,
and introduced the members of the CEMAT team: Ken Price, Bobbie Hoder,
Frank Boensch, Mike Smith, Pat Cratty, and Hillary Hogan. He estimated
the City’s fire-related costs to be $450,000 to $500,000.
Gregg Smith, Director of Disaster Services of the Red Cross, reported on
Red Cross activities during the fire. He reported that 82 families had been
assisted during the fire at the shelter at Mission Estancia School, and
thanked all in the community for the assistance and donations received.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-373, continuing the existence of
a local emergency and requesting Office of Emergency
Services assistance and concurrence in responding to
such emergency; and
adopted RESOLUTION NO. 96-374, declaring volunteer
status and directing appropriate assumption of the risk
and waivers of liability.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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November 5, 1996 CITY COUNCIL Page 8
COUNCIL REPORTS:
Barrio Plan Committee
Mayor Lewis announced his intention to appoint the following citizens to the
Barrio Plan Committee:
David Valadez, Roy Tarango, Connie Trejo, Tony Mata, Richard Norman,
Bill Baird and Father Steven McCall.
Skateboard Committee
Mayor Lewis announced his selection of the following citizens to serve on the
Skateboard Committee:
Derek Francoise, Valley Jr. High Student; Ashley Mull, High School
Student; Jason Groves, High School Student; Chris Miller, Pro Skater; Jerry
Walker, Parent; Witt Rowlett, Local Business Person; Jeanne McFadden,
Citizen at Large; and Julie Baker and Gary Cox, Parks & Recreation
Commission Members.
ADJOURNMENT:
By proper motion, the Regular Meeting of November 5, 1996, was adjourned at
9:15 p.m.
Respectfully submitted,
S-h KAREN UND
Assistant City Clerk
Harriett Babbitt
Minutes Clerk