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HomeMy WebLinkAbout2000-03-07; City Council; Minutes0 0 MINUTES MEETING OF: CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 7,2000 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:OO p.m. ROLL CALL: The roll call was taken by the City Clerk Present: Councilmembers Lewis, Hall, Finnila, Nygaard, Kulchin. Absent: None. LEGISLATIVE INVOCATION: Pastor Dwayne Edward, Las Flores Church of the Nazarene, offered the invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Hall led the Pledge of Allegiance. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, March 8, 2000 - 3:OO p.m. - City of Carlsbad Faraday Center Grand Opening, 1635 Faraday Avenue, Carlsbad Friday, March 10, 2000 - 500 p.m. - Dottie Bird Retirement Event, Carlsbad Senior Center, 799 Pine Avenue, Carlsbad Friday, March IO, 2000 - 6:OO p.m. - Carlsbad Senior Commission Volunteer Recognition Event, Lake San Marcos Country Club, 1750 San Pablo Drive, San Marcos Friday, March IO, 2000 - 6:OO p.m. - Carlsbad Library Foundation Glass Exhibit Preview, William D. Cannon Art Gallery, 1775 Dove Lane, Carlsbad Saturday, March 11 , 2000 - 6:OO p.m. - Annual chamber of Commerce Installation Dinner, La Costa Resort, 2100 Costa Del Mar Road, Carlsbad March 7,2000 ’ CARLSBAD CITY COUNCIL 0 Page 2 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #I through #I 1, with the exception of Item #7, which was removed for discussion, as follows: AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. AB #15.631 - AUTHORlZlATlON TO ADVERTISE FOR BIDS TO PROVIDE PLAYGROUND EQUIPMENT UPGRADE AT CALAVERA PARK - CONTRACT NO. POO-02 Council adopted RESOLUTION NO. 2000-68, approving plans and specifications, and authorizing the City Clerk to advertise for bids to provide playground equipment upgrade at Calavera Park. 2. AB #I 5.632 - REPORT ON CITY INVESTMENTS Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of January 31, 2000. 3. AB #15.633 - APPLICATION TO THE CALIFORNIA ARTS COUNCIL FOR A LOCAL ARTS EDUCATION PARTNERSHIP GRANT Council adopted RESOLUTION NO. 2000-69, approving an application for a Local Arts Education Partnership Grant to be shared with the Encinitas Unified School District to develop and implement a long-range plan for arts education. 4. AB #15.634 -APPROVAL OF ATTENDANCE TO THE ICMA BEST PRACTICEWPERFORMANCE MEASUREMENT CONFERENCE Council approved staffs request to attend the ICMA Best Practices/Performance Measurement Conference in Savannah, Georgia. 5. AB #15.635 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF FELIPE AUDELO Council adopted RESOLUTION NO. 2000-70, approving the Compromise and Release and authorizing the expenditure of funds for settlement of the Workers’ Compensation claim of Felipe Audelo. March 7,2000 @ CARLSBAD CITY COUNCIL a Page 3 6. AB #15.636 - APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE CITY EMPLOYEES’ ASSOCIATION Council adopted RESOLUTION NO. 2000-71, approving a Memorandum of Understanding with the City Employees’ Association (CCEA) regarding wages, hours, and other terms and conditions of employment for general employees, for the period of January 1,2000, through December 31,2002. 7. AB #I 5,637 - APPROVAL OF CONSULTANT AGREEMENT WITH KTU+A FOR DESIGN OF PHASE II OF THE CARRILLO RANCH PROJECT, AND APPROVAL OF AN AGREEMENT WITH PAUL HOBSON FOR DESIGN AND INSTALLATION OF A PUBLIC ART PIECE AT CARRILLO RANCH - PROJECT NO. 34561-1 1. (Removed from Consent Calendar for Council discussion.) 8. AB #15.638 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF ARTHUR VIERA Council adopted RESOLUTION NO. 2000-73, approving the Stipulations with Request for Award authorizing the expenditure of funds for settlement of the Workers’ Compensation claim of Arthur Viera. 9. AB #15,640 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF SHANDECARPENTER Council adopted RESOLUTION NO. 2000-75, approving the Compromise and Release authorizing the expenditure of funds for settlement of the Workers’ Compensation claim of Shande Carpenter. IO. AB #15.641- AMENDMENT TO AGREEMENT TO PROVIDE PROFESSIONAL SERVICES IN THE PREPARATION OF A PUBLIC WORKS DESIGN IMPLEMENTATION PLAN Council adopted RESOLUTION NO. 2000-76, approving Amendment No. 1 to the agreement with Michele Tamayo, to provide professional services in the preparation of a Public Works Design Implementation Plan. 11. AB #I 5.642 - AUTHORlZlATlON TO ADVERTISE FOR BIDS FOR THE FOXES LANDING SEWER LIFT STATION UPGRADE - CMWD PROJECT NO. 98-407, CONTRACT NO. 36561. Council adopted RESOLUTION NO. 2000-77, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the Foxes Landing Sewer Lift Station Upgrade. March 7,2000 ' CARLSBAD CITY COUNCIL 0 Page 4 ITEM REMOVED FROM CONSENT CALENDAR 7. AB #15.637 -APPROVAL OF CONSULTANT AGREEMENT WITH KTU+A FOR DESIGN OF PHASE II OF THE CARRILLO RANCH PROJECT, AND APPROVAL OF AN AGREEMENT WITH PAUL HOBSON FOR DESIGN AND INSTALLATION OF A PUBLIC ART PIECE AT CARRILLO RANCH - PROJECT NO. 34561-1 I. Councilmember Finnila requested that Council have the opportunity to review the artwork before it proceeds through the process. Connie Beardsley, Arts Manager, explained the review process and said that the artist's design will be modeled for Council's review. ACTION: On a motion by Councilmember Finnila, Council adopted RESOLUTION NO. 2000-72, approving the agreements with KTU+A for the design of Phase II of the Carrillo Ranch Park and with artist Paul Hobson for design and installation of a public art piece at Carrillo Ranch AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. PUBLIC COMMENT - None PUBLIC HEARING: 12. AB#15,643 - SOLICITATION OF COMMENTS REGARDING FUNDING UNDER THE CDBG/HOME PROGRAM Frank Boensch, Management Analyst, reviewed the staff report. He said that the CDBG/HOME Funding Advisory Committee is recommending that Council consider including conditions in sub-recipient agreements for North County Lifeline and North County Council on Aging, who are requesting funds for improvements to facilities owned by the City of Vista. North County Lifeline would be completing improvements to buildings that have been improved within the past few years with Carlsbad and Vista CDBG funds. The City of Vista will be expanding the Senior Center at Brengle Terrace Park and North County Council on Aging is requesting funds for administrative offices in the remodeled facility. The CDBG/HOME Funding Advisory Committee is recommending that Council include a condition in the sub-recipient agreements for the funding of these projects that would require the organizations to obtain a lease, prior to September I, 2000, to use the facilities for a minimum of five years before the funds could be utilized for the improvements. Mr. Boensch said another application was submitted by Ofelia Escobedo requesting funds to renovate an unoccupied store owned by Ms. Escobedo and her daughter on Walnut Street across from Lola's Market. The renovated building would have service oriented office space on the first floor and affordable housing for Ms. Escobedo, or other low-income persons, on the second floor. The CDBG/HOME Funding Advisory March 7,2000 * CARLSBAD CITY COUNCIL a Page 5 Committee recommends that a condition be included in the subrecipient agreement for this project restricting use of the funds through reimbursements for predevelopment expenses, such as architecture or engineering work, development fees, or other expenses incurred prior to starting the remodel of the building. Mr. Boensch explained that the CDBG/HOME Funding Advisory Committee felt that the project should be further along in the development process before any commitment is made to fund construction of the project through the CDBG Program. Mr. Boensch noted that this is the first time a project proposal for funding has been submitted by a private citizen or for-profit organization. The City’s CDBG funding strategy does not address the issue of providing funds to a private citizen or for-profit organization. No other Council policy has been established regarding this matter. Mr. Boensch said that staff has contacted HUD to confirm that providing funds for such a project is allowable under HUD regulations, and a response is pending. Mr. Boensch went on to report that CDBGlHOME Funding Advisory Committee is recommending conditions be placed in the sub-recipient agreement with Join Hands Save a Life for construction of their proposed center, to require that fifty percent (50%) of funds be raised by the organization to match any Year 2000-2001 CDBG allocation for the project and that a building permit for the facility be obtained prior to September 1 , 2000. Mr. Boensch explained that the CDBG/HOME Funding Advisory Committee is concerned because of the lack of any other substantial funding for the project, except for CDBG funds, and that a substantial amount of CDBG funds have been allocated for the project over the years without significant progress on construction of the facility. Mr. Boensch noted that the City Council has previously approved conditions for sub- recipient agreements with Join Hands Save a Life for use of the funds for construction on their proposed center that essentially makes the grant a zero interest, forgivable, deferred loan to help ensure that the facility is used as a youth center for at least 20 years. He said that staffs understanding of Council’s intent in approving this condition is that any new funds for the project would be subject to the same conditions. Mr. Boensch said that the Boys & Girls Club has requested funds for the purchase of property for a new facility. Council has previously indicated that future sub-recipient agreements for significant CDBG allocations should include a condition causing the grant to be made in the form of a forgivable, no-interest, deferred loan. He asked for Council direction if the same condition is to apply for request of funds for property acquisition. Mayor Lewis expressed concern that matching funds was recommended for Join Hands Save a Life but not for the Boys & Girls Club property acquisition. He said that the matching policy needs to be consistent. Mr. Boensch said that the Boys & Girls Club indicated that they would be able to gain outside funding for the purchase of the property. However, the CDBG/HOME Funding Advisory Committee was concerned that this same indication was not noted on the application submitted by the Join Hands Save a Life and that a majority of the funds for their project were CDBG funds. March 7,2000 ’ CARLSBAD CITY COUNCIL a Page 6 Councilmember Nygaard said consistency is needed for all the facilities regarding a forgivable, no-interest, matching funds grant. Councilmember Kulchin asked if the agreements have been signed by Join Hands Save a Life regarding previous CDBG allocations. Mr. Boensch answered in the negative and estimated that previous allocations were for $312,000. Mayor Lewis asked that Council postpone a decision on the funding request from Ofelia Escobedo, until the HUD representative contacts staff to answer their questions. Mayor Lewis said Council should consider a policy regarding reimbursing the CDBG funds, if for-profit organizations receive funding. Mayor Lewis opened the duly noticed public hearing at 6:21 p.m. Dr. Judith Cashmore, Executive Director of the North Coastal Service Center, 125 South Tremont, Oceanside, expressed appreciation for the recommendation and spoke in support of their program. Jan Giacinti, Executive Director of the Carlsbad Boys’ and Girls’ Club, expressed appreciation for Council’s continuing support. She asked that Carlsbad’s CDBG funds remain within the city limits to assist city residents. She described their services and noted that they will be able to match funding in a timely manner. She noted that a requirement to match funds can place a burden on smaller, younger organizations. Molly Henry, Executive Director of Fraternity House, said they are the only home in the County to offer assistance to AIDS patients and noted that approximately 10% of their clients are from Carlsbad. She expressed appreciation for the recommended funding. John Lansburger, 1266 Stratford Lane, a Fraternity House resident, expressed appreciation for the CDBG/HOME Funding Advisory Committee recommended funding, but said that more funding is needed. Megan Konkel, Shelter Services Administrator, Women’s Resource Center, 1963 Apple Street, Oceanside, spoke in support of their services and expressed appreciation for the recommended funding. She asked Council to support the CDBGlHOME Funding Advisory Committee recommendations. Priscella Alvarez, Executive Director of Inside Out, expressed appreciation to the CDBG/HOME Funding Advisory Committee for their recommended funding. She spoke in support of their services and said there is now a need for referral services. Josh Link, described his positive experience as a participant in the Inside Out Program. Nicole Kent, Program Coordinator for Casa de Amparao, Oceanside, expressed appreciation for the recommended funding and described their services. John Burnett, Executive Director of North County Council on Aging, described their services and expressed appreciation for the recommended funding and noted they have signed seven years of lease agreements with the City of Vista. March 7,2000 9 CARLSBAD CITY COUNCIL 0 Page 7 Karen Amarosa, Meals on Wheels, expressed appreciation for the recommended funding and said they raised $1.27 million in 1999. She said they serve 50 Carlsbad residents, seven days a week. Seeing no one else wishing to speak, the Mayor closed the public hearing at 6:46 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council accepted comments on the needs of lower income residents and on the specific proposals submitted for funding through the Carlsbad CDBG/HOME and selected the Council Meeting date of March 21 , 2000 to make the final project selections and funding allocations for the 2000-2001 CDBG/HOME Program . AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT BOARD MEETING: Mayor Lewis adjourned to the Carlsbad Municipal Water Board Meeting at 6:47 p.m. with President Lewis and all four Boardmembers present. CONTINUATION OF THE CITY COUNCIL MEETING Chair Lewis adjourned to the City Council meeting at 7:42 p.m. with all Mayor Lewis and all four Councilmembers present. RECESS Mayor Lewis declared a recess at 7:42 p.m. and reconvened the Council meeting at 7:49 p.m. with Mayor Lewis and all four Councilmembers present. DEPARTMENTAL AND CITY MANAGER REPORTS: 13. AB #15,644 - PRESENTATION BY THE STREET & SIDEWALK POLICY COMMITTEE CHAIRPERSON ON THE FINAL REPORT OF UPDATED POLICIES AND RECOMMENDATIONS Lloyd Hubbs, Public Works Director reviewed the staff report and noted that an Errata Sheet, noting a minor revision to Page 14, Alternative Street Design Criteria, Edge Treatments, had been submitted with the report. This Errata Sheet is on file in the City Clerk's Office. Bob Leger, Chair, and Gary Piro, Vice Chair, of the Street & Sidewalk Policy Committee, reviewed the staff report and the Final Report of Updated Policies and Recommendations as identified by the Citizens Committee to Study Sidewalks and Streets Improvements. It was noted that the policies and recommendations only apply to the Northwest Quadrant of the City. March 7,2000 0 CARLSBAD CITY COUNCIL 0 Page 8 Jeff Tallman, 2335 Pi0 Pic0 Drive, spoke in support of the recommendations and asked when the moratorium would be lifted. Kip McBane, 2691 Crest Drive, spoke in support of the process used to address streets and sidewalks and said all of the recommendations should be adopted. Doug Chartier, 2697 Wilson Street, spoke in support of the recommendations, However, he said that Future Improvement Agreements for existing dwellings should be removed, and this will encourage people to improve their homes. Zell Dwelley, 2771 Wilson, expressed appreciation for the opportunity to serve on the committee. She asked Council to adopt all of the recommendations. Cindy Piro, 1898 Forest Avenue, asked Council to adopt the recommendations of the Committee. Geoffrey Bell, 3686 Highland, complimented the Committee and asked Council to adopt their recommendations. He asked that the character of Highland Avenue be maintained. Tressie Armstrong, 2663 Crest, Carlsbad, asked that the Committee’s recommendations be implemented without any variations. Chris Gaare, 2865 Wilson Street, spoke in support of the Committee’s recommendations. Patricia Dresselhaus, 2359 Pi0 Pico, said she is concerned about the cost per foot to install new sewers, if the streets are widened. She said there should be more off-street parking and asked if the street improvements will go out to bid or be done by the City. Ms. Dresselhaus asked for the opportunity to allow the public to read the Street and Sidewalk Policy Committee Report before Council makes a decision on its approval. Mayor Lewis said the Street and Sidewalk Report is available at the Library for public review. Ray Patchett, City Manager, asked Ms. Dresselhaus to contact his office and staff would address her specific questions. Jim King, 4156 Highland Drive, submitted and reviewed his written comments spoke in support of the Committee’s report. His written comments are on file in the City Clerk‘s Office. Gary McCartney, 2560 Wilson Street, said no one on his street wants the street widened. He asked Council to accept the Committee’s recommendations. He asked why did he have to give the City 10 feet of his property when he remodeled and what will happen to that 10 feet now that the street will not be widened. Drs. Paul and Sharon Slowik, 3960 Sunnyhill Drive, described the realignment issues at his intersection at Sunnyhill, Alder and Monroe and noted theirs is the only property that will be adversely affected. They said they were never told that the City planned to March 7,2000 CARLSBAD CITY COUNCIL 0 Page 9 realign their driveway and expressed concern for the safety of their children because the merging street will align with their relocated driveway and cars traveling too fast can easily end up in the Slowik’s front yard. Mr. Slowik asked that his situation be reevaluated before the Street and Sidewalk Policy Committee’s Report is implemented. The Drs. Slowik submitted their written comments, which are on file in the City Clerks Office. Councilmember Kulchin noted that she and staff had met with the Drs. Slowik to investigate the situation. Jack Debes, 4055 Park Drive, expressed concern that this report was written by staff, doesn’t include written correspondence by the public or EIR information. He submitted his written comments dated November 15, 1999 addressed to the Street & Sidewalk Committee Members. Mr. Debes’ written comments are on file in the City Clerk‘s Office. Joe Galagher, 1 165 Hoover Street, spoke in support of the Committee’s report and recommendations. Eric Beriotti, 2586 Highland Avenue, said he purchased his home in 1993 and if he wants to remodel, he will have to relinquish much of his yard. Clement Lopez, 1818 Buena Vista, expressed concern that his neighborhood, between Wilson and Crest Drive, might be adversely affected. He said the Future Improvement Agreement would apply to his property and he could lose part of his front yard. He also expressed concern for increased traffic. John McGill, 4340 Highland Drive, spoke against the use of Future Improvement Agreements and said there are other ways to fund sidewalks and street improvements. Donna Wilson, MSK Development Group, 5142 Avenida Encinas, submitted written correspondence dated March 3, 2000 (on file in the City Clerk’s Office) requesting that their 9-lot Seaview project be released from the moratorium. Lori Wickham, 4055 Park Drive, spoke in support of the Committee’s recommendations, but said that streets do not need to be widened in order to provide pedestrian safety. She said that other communities have narrow streets and still allow on-street parking. Kelly Cortison, 2815 Alma, expressed concern that the Committee did not address a foreclosure clause in the Future Improvement Agreement. She said she had previously sent correspondence to the City (not received by the City Clerk’s Office). She noted that the time table for foreclosures is shorter than tax lien foreclosures. Council Member Finnila asked when the traffic calming study would be presented to Council. Staff said the target date is March 21, 2000 In response to Council inquiry, Ron Ball, City Attorney, said the moratorium will end when Council adopts follow-up actions concerning streets and sidewalks in the northwest quadrant. March 7,2000 e CARLSBAD CITY COUNCIL 0 Page 10 Council Member Finnila asked that Mr. Debes’ written correspondence be entered into the record. In response to Council inquiry, Mr. Ball explained that the moratorium ordinance, previously adopted by Council, contains a mechanism that would allow any person to petition for relief from the moratorium. It is a no cost item, but needs to be processed and placed on the Council’s agenda for consideration. In response to Council Member Nygaard, Mr. Ball said Donna Wilson’s written correspondence could be considered a request. Council concurred that the Street and Sidewalk Policy Committee’s Report will be available at the City Clerks Office, City Hall on Faraday Avenue and the Dove Library. It was noted that the Cole Library is currently closed for remodeling. Lloyd Hubbs, Public Works Director said that staff will present general options regarding undergrounding utilities to Council in the future. Council Member Kulchin noted that no trees will be destroyed on Highland Avenue. Council expressed appreciation to the entire Committee for their efforts. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2000-78, accepting the Street & Sidewalk Policy Committee’s Final Report; and, Directed staff to finalize the proposed street and sidewalk policy changes and return to Council for adoption. AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. COUNCIL REPORTS AND COMMENTS: Council Member Nygaard said she had invited to testify before the State Transportation Committee about spending money in the LOSSAN Corridor. Council Member Finnila said an art exhibit will open March 10, 2000 - Master of Glass Blowing from Italy, in the Dove Library through April 26, 2000. She also announced that British Airways is once again offering a non-stop daily service to Europe from Lindbergh Field. British Airways will extend significant discounts to any company in the County who books directly through the airline. March 7,2000 0 CARLSBAD CITY COUNCIL e Page 11 ADJOURNMENT: By proper motion, the Regular Meeting of March 7,2000, was adjourned at 9:54 p.m. Respectfully submitted, City Clerk Janice Breitenfeld Deputy City Clerk