HomeMy WebLinkAbout1996-11-19; City Council; Minutes (2)0 0
MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 19, 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 6:20 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 Dr. Dan Grider of the Daybreak Community Church.
PLEDGE OF ALLEGIANCE was led by Council Member Hall.
APPROVAL OF MINUTES:
None.
CONSENT CALENDAR:
Item #2 was continued until after the City Council workshop in January.
Items #6, #15 and #16 were 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 #16, with the exception
of Items #2, #6, #I5 and #16, 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 #13,902 - SETTLEMENT OF LAWSUIT ENTITLED POWERS V. CITY OF CARLSBAD. ET AL CASE NO. N68145.
Council adopted RESOLUTION NO. 96-385, authorizing the City to tender
the balance of its self-insured retention of $500,000 to the California
Affiliated Risk Management Authorities for settlement of the lawsuit
entitled Powers v. City of Carlsbad.
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November 19, 1996 CITY COUNCIL Page 2
CONSENT CALENDAR: (Continued)
2. AB #13,903 - APPROVAL OF COMMUNITY ACTIVITY FUNDING
PROCESS FOR 1996-97.
This item was continued until after the City Council Workshop in January,
1997.
3. AB #13,904 - APPROVAL OF APPLICATION FOR GRANT FUNDS FOR
THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEMP)
PROGRAM.
Council adopted RESOLUTION NO. 96-386, approving an application for
grant funds for the Environmental Enhancement and Mitigation (EEMP)
Program for the landscaping of the La Costa AvenueA-5 Interchange
Enhancement Project.
4. AB #13.905 - APPROVAL OF AMENDMENT NO. 2 TO THE AGREEMENT
WITH BSI CONSULTANTS, INC., FOR ENGINEERING PLANCHECK.
Council adopted RESOLUTION NO. 96-387, approving Amendment No. 2
to the agreement with BSI Consultants, Inc., for engineering planchecking
services.
5. AB #13,906 - APPROVAL OF SUBRECIPIENT AGREEMENT FOR 1996-97
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 96-388, approving A 1996-97
subrecipient agreement for Community Development Block Grant (CDBG)
Funds with the County of San Diego, Department of Mental Health, for the
Carlsbad Care Crew Program.
6. AB #13.907 - REQUEST TO DESTROY RECORDS.
This item was removed from the Consent Calendar.
7. AB #13.908 - ACCEPTANCE OF LIBRARY RE-ROOF PROJECT -
CONTRACT NO. CS 96-1.
Council accepted the Library re-roof project as complete, and directed the
City Clerk to record the Notice of Completion and release bonds.
8. AB #13,909 - APPROVAL OF LEGISLATIVE ADVOCATE CONSULTANT
AGREEMENT.
Council adopted RESOLUTION NO. 96-390, approving a consultant
agreement with Joe A. Gonsalves and Son for provision of legislative
advocate services.
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November 19, 1996 CITY COUNCIL Page 3
CONSENT CALENDAR: (Continued)
106 9. AB #13.910 - INITIATION OF PROCEEDINGS FOR UNDERGROUND UTILITY DISTRICT NO. 16 ON PORTIONS OF MONROE STREET AND
CHESTNUT AVENUE.
Council adopted RESOLUTION NO. 96-391, expressing the intent to
initiate proceedings for the formation of an Underground Utility District on
portions of Monroe Street and Chestnut Avenue, and setting a public hearing
on the matter for December 10, 1996.
64 10. AB #13,911 - AWARD OF PURCHASE ORDER FOR ENERGY LIGHTING
RETROFIT PROJECT.
Council adopted RESOLUTION NO. 96-392, awarding a purchase order in
the amount of $18,630 to SDG&E for energy lighting retrofits at Calavera
Community Center, Fire Stations 5 and 6, the Harding Community Center,
the La Costa Branch Library and the Stagecoach Community Center.
74 11. AB #13,912 - APPROVAL OF CLASSIFICATION FOR SECRETARY TO THE CITY COUNCIL.
Council adopted RESOLUTION NO. 96-393, approving replacement of the
classification Executive Assistant with the classification Secretary to the
City Council, and establishing the salary range in the Management Salary
Schedule.
38 12. AB #13,913 - APPROVAL OF LETTER OF UNDERSTANDING WITH THE
CITY MANAGER.
Council adopted RESOLUTION NO. 96-394, approving the Letter of
Understanding with City Manager Raymond R. Patchett, setting forth the
employment relationship between the City Council and the City Manager,
and establishing compensation.
34 13. AB #13,914 - APPROVAL OF LETTER OF UNDERSTANDING WITH THE CITY ATTORNEY.
Council adopted RESOLUTION NO. 96-395, approving the Letter of
Understanding with City Attorney Ronald R. Ball, setting forth the
employment relationship between the City Council and the City Attorney,
and establishing compensation.
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November 19, 1996 CITY COUNCIL Page 4
CONSENT CALENDAR: (Continued)
26 14. AB #13.915 - PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
AND AGREEMENT FOR ACQUISITION, CONSTRUCTION AND
FINANCING OF CERTAIN PUBLIC IMPROVEMENTS - RANCHO
CARRILLO ASSESSMENT DISTRICT NO. 96-1.
Council adopted RESOLUTION NO. 96-396, making findings on a petition
for Special Assessment Proceedings and approving an agreement with
Continental Ranch, Inc., for the acquisition, construction and financing of
certain public improvements for Assessment District No. 96-1.
31 15. AB #13.916 - REVIEW OF BUSINESS LICENSE TAX PENALTIES.
This item was removed from the Consent Calendar.
51 16. AB #13,917 - CONTINUATION OF DECLARATION OF STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY GROVE FIRE.
This item was removed from the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
35 6. AB #13,907 - REQUEST TO DESTROY RECORDS.
Mayor Pro Tem Nygaard requested that the Batiquitos Lagoon Enhancement
Project records be offered to the Batiquitos Lagoon Foundation for
historical purposes before they are destroyed.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-389, authorizing the destruction
of certain records in the City Attorney’s Office, and
directed that the Batiquitos Lagoon Enhancement Project
files be offered to the Batiquitos Lagoon Foundation for
historical purposes before they are destroyed.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
31 15. AB #13,916 - REVIEW OF BUSINESS LICENSE TAX PENALTIES.
Lisa Curry, 5621 Palmer Way, Suite F, a business owner in Carlsbad, stated
that she had not received a renewal notice in the mail for payment of her
business license, but later received an over-due notice in the mail with a 50
percent penalty charge. She requested that Council review and change the
policy for collecting business license payments and assessing penalties, and
provided examples of business license programs in neighboring cities. She
also requested that, if the policy regarding late fees is changed, she receive
a refund of the $600 late fee she had paid.
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November 19, 1996 CITY COUNCIL Page 5
ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued)
In reply to Council query, staff indicated there is no second reminder sent
out for business license renewals; just a renewal notice and then a
delinquent notice are sent.
ACTION: On motion by Mayor Pro Tem Nygaard, Council
continued this item for additional staff review and
recommendation.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
51 16. AB #13,917 - CONTINUATION OF DECLARATION OF STATE OF LOCAL
EMERGENCY RESULTING FROM THE HARMONY GROVE FIRE.
Fire Chief Dennis Van Der Maaten gave a report on the status of emergency
readiness in- the City, and explained that Carlsbad and other cities staff
emergency services to meet daily needs. He stated that no agency can
afford to staff for the biggest possible calamity, and explained that
automatic aid and mutual aid allows access to additional resources in the
event of emergencies.
ACTION: On motion by Mayor Lewis, Council adopted
RESOLUTION NO. 96-397, declaring a continuing State
of Local Emergency and authorizing staff to seek
reimbursement from state and federal agencies.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
PUBLIC COMMENT:
Jim Swab, 3640 Adams, stated he had refused to pay a 250 percent increase in his
sewer fees, inasmuch as other residents received only a 9% percent increase. He
stated he has a two-acre residential parcel and the monthly sewer bill has
increased to $143.91, and he would like to know why. Mr. Swab stated that there
is no correlation between water meter size and sewer usage, and requested that this
matter be placed on a future Council agenda.
Michael Miller, 2303 Ocean Street, #4, gave an update on his continuing pursuit to
acquire first-time home ownership in Carlsbad.
PUBLIC HEARINGS:
98 17. AB #13,918 - HALLEY DRIVE STREET NAME CHANGE - SNC 96-2
Mayor Lewis opened the duly noticed Public Hearing at 6:49 p.m., and
issued the invitation to speak. Since no one wished to speak on this matter,
the Public Hearing was closed.
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November 19, 1996 CITY COUNCIL Page 6
PUBLIC HEARINGS: (Continued)
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted
RESOLUTION NO. 96-398, approving a street name
change, renaming Halley Drive to Camino Hills Drive for
the portion located in the Carlsbad Research Center.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
49 18. AB #13,919 - ADOPTION OF EXCAVATION AND GRADING 77 REGULATIONS AND FEES - MCA 96-1/LCPA 96-8.
Mayor Lewis opened the duly noticed Public Hearing at 7:19 p.m., and
issued the invitation to speak. Since no one wised to speak on this matter,
the Public Hearing was closed.
ACTION: On motion by Mayor Pro Tem Nygaard, Council
introduced ORDINANCE NO. NS-385, repealing Chapter
11.06 and re-enacting as new Chapter 15.16, and
amending Sections 1.08.020(a), 15.04.010 and 19.04.050
of the Carlsbad Municipal Code, all relating to grading
and erosion control; and
adopted RESOLUTION NO. 96-399, establishing the
fees for City services relating to the processing and
administration of grading permit applications; and
adopted RESOLUTION NO. 96-400, approving an
amendment to all six segments of the Carlsbad Local
Coastal Program to adopt the City’s Grading Ordinance
as amended as an implementing ordinance for Carlsbad’s
Local Coastal Program.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
DEPARTMENTAL AND CITY MANAGER REPORTS:
73 19. AB #13,920 - REVISION TO MUNICIPAL CODE REGARDING WORK IN
PUBLIC RIGHTS-OF-WAY.
ACTION: On motion by Mayor Pro Tem Nygaard, Council
introduced ORDINANCE NO. NS-386, repealing and re-
enacting existing Chapter 11.16 of the Carlsbad
Municipal Code regarding work in public rights-of-way.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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November 19, 1996 CITY COUNCIL Page 7
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
100 20. AB #13,921 - REPORT ON PROPOSITION 218.
Council received the report from Financial Management Director Jim
Elliott regarding Proposition 218.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and
participate in the following events:
The United Way Campaign Kick-Off Breakfast at the Carlsbad Senior Center, on
Thursday, November 21, 1996, at 7:OO a.m.
The Opening of Isla Mar at Aviara Homes, Kestral Drive, on Thursday, November
21, 1996, at 4:30 p.m.
The Planning Commission Holiday Party at the Raintree Restaurant, on Thursday,
November 21, 1996, at 5:30 p.m.
The Walking Tour for SANDAG Workshop, at the Downtown Coaster Station, on
Friday, November 22, 1996, at 1:00 p.m.
The Senior Volunteer Appreciation Dinner at the Raintree Restaurant, on Friday,
November 22, 1996, at 5:30 p.m.
The SANDAG Workshop, at the Senior Center Auditorium, on Saturday, November
23, 1996, at 8:30 a.m.
The Corps of Engineers Review of Seawall Design, at City Hall, on Monday,
November 25, 1996, at 8:45 a.m.
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the Committees and
Subcommittees of which they are Members.
Mayor Lewis announced his intention to appoint Joyce Dennison to replace Roy
Tarango and Claudia Gay to replace Bill Baird on the Barrio Committee.
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November 19, 1996 CITY COUNCIL Page 8
ADJOURNMENT:
By proper motion, the Regular Meeting of November 19, 1996, was adjourned at
' 7:59 p.m.
Respectfully submitted,
&*
Assistant City Clerk
Harriett Babbitt
Minutes Clerk