HomeMy WebLinkAbout2001-12-18; City Council; MinutesMINUTES
MEETING OF : CARLSBAD CITY COUNCIL (Regular Meeting)
DATE OF MEETING: DECEMBER 18,2001
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Lewis, Kulchin, Finnila, Nygaard and Hall.
Absent: None.
INVOCATION:
Mayor Lewis offered the invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
ANNOUNCEMENTS
Mayor Lewis announced that City Council Members have been invited and may
be participating in the upcoming event:
Wednesday, December 19,200l - 9:00 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
CONSENT CALENDAR:
Item No. 1 was pulled for discussion. Council concurred with staffs request to
return Item No. 12 to staff.
DISCUSSION OF CONSENT CALENDAR ITEM:
1. AB #16,453 - APPROVAL OF FINAL MAP OF KELLY RANCH CORE - CT
97-l 6(A)
December 18,200 1 Carlsbad City Council Meeting Page 2
Citing a potential conflict of interest, Council Member Kulchin said she would
abstain from the vote on this item.
Ron Ball, City Attorney, said that the documents, which need to be recorded for
this agenda item, have not yet been returned by Kelly Ranch. Mr. Ball
recommended that Council approve the final map tonight and approve the
documents, subject to the City Engineer’s approval, and then the documents can
be sent to the County Recorder.
In response to Council, staff described the future extension of Cannon Road and
also the sewer lift station, which is now in the design process.
VOTE ON CONSENT CALENDAR ITEMS:
ACTION: On a motion by Council Member Kulchin, Council affirmed
the action of the Consent Calendar, Items #I through #I!$
(Council Member Kulchin abstained from the vote on Item #I
and Council concurred to adopt Resolution No. 2001-358 and
approve the documents, subject to the City Engineer’s
approval; Council Member Hall abstained from the vote on
Item #8; and Council concurred with staffs request to return
Item #I2 back to staff), as follows:
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall,
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #16,453 -APPROVAL OF FINAL MAP OF KELLY RANCH CORE-CT
97-l 6(A).
Council adopted RESOLUTION NO. 2001-358, approving the final map for
Carlsbad Tract 97-16(A), Kelly Ranch Core, and authorizing the City Clerk
to process the final map for recordation.
(Council Member Kulchin abstained from the vote on Item No. 1)
2. AB #16,470- APPROPRIATION OF FUNDS FOR THE BUENA VISTA
CREEK CHANNEL MAINTENANCE DISTRICT BENEFIT AREA NO. 1.
Council adopted RESOLUTION NO. 2001-368, authorizing the
appropriation of funds from the Buena Vista Creek Channel Maintenance
District Fund for maintenance and related activities.
December 18,200l Carlsbad City Council Meeting
CONSENT CALENDAR (continued)
Page 3
3.
4.
5.
6.
7.
8.
AB #16,471- AUTHORIZATION FOR COMPENSATION TO SDG&E FOR
PUBLIC ROAD CROSSINGS WITHIN THE CANNON ROAD WEST
RIGHT-OF-WAY PROJECT NO. 3184.
Council adopted RESOLUTION NO. 2001-369, authorizing compensation
to San Diego Gas and Electric (SDG&E) for public road crossings within
the Cannon Road West right-of-way - Project No. 3184.
AB #16,473 - REQUEST FOR OUT OF STATE TRAVEL.
Council adopted RESOLUTION NO. 2001-371, approving out-of-state
travel for representatives from Public Works to attend Municipal Storm
Water Management Training in Phoenix, AZ.
AB #16,474 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR POOL
IMPROVEMENTS AT THE CARLSBAD SWIM COMPLEX.
Council adopted RESOLUTION NO. 2001-372, approving contract
documents, special provisions and specifications, and authorizing the City
Clerk to advertise for bids to provide pool improvements at the Carlsbad
Swim Complex - Contract No. FAC02-12.
AB #16,475-SELECTION OF FINANCING TEAM FOR THE
FORMATION OF CERTAIN SPECIAL DISTRICTS AND POTENTIAL
BOND ISSUES AND RELATED MATTERS.
Council adopted RESOLUTION NO. 2001-373, selecting the financing
team of Stone & Yongberg and Best, Best & Krieger for the formation of
certain financing districts and related bond issuances and authorizing the
Finance Director to sign certain Deposit/Reimbursement Agreements.
AB #16,476 - PHASE 2 OF THE GEORGINA COLE LIBRARY-CITY
PROJECT NO. 33841.
Council adopted RESOLUTION NO. 2001-374, accepting the Phase 2
improvements to the Georgina Cole Library as complete, directing the City
Clerk to record the Notice of Completion, and directing the Finance
Director to return the final project retention.
AB #16,486 - AUTHORIZATION AND APPROPRIATION OF FUNDING
FOR THE PURCHASE OF 3340/3344/ 3348 MADISON STREET.
Council adopted RESOLUTION NO. 2001-381, authorizing the Mayor to
execute all documents associated with the purchase of 33401334413348
Madison Street and appropriating funds from the Park In Lieu - Northwest
Quadrant Fund for the purchase and expenses associated with the
properties.
(Council Member Hall abstained from the vote on Item No. 8.)
December 18,200l Carlsbad City Council Meeting Page 4
CONSENT CALENDAR (continued)
9. AB #16,485 - MUNICIPAL STORMWATER PERMIT COPERMITTEES
MEMORANDUM OF UNDERSTANDING.
Council adopted RESOLUTION NO. 2001-380, authorizing the Mayor to
execute the Memorandum of Understanding (MOU) between the City of
Carlsbad and the Municipal Stormwater Co-permittees which establishes
the responsibilities of each party with respect to compliance with National
Pollutant Discharge elimination System (NPDES) Order No. 2001-01.
10. AB #16,477 -APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR CHESTNUT
AVENUE PARKWAY IMPROVEMENTS.
Council adopted RESOLUTION NO. 2001-375, approving plans and
specifications and authorizing the City Clerk to advertise for bids for the
Chestnut Avenue parkway improvements - Project No. 3851.
11. AB #16,478 -ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS
SUBJECT TO GOVERNMENT CODE SECTION 66006 AND
GOVERNMENT CODE SECTION 66001.
Council adopted RESOLUTION NO. 2001-376, making certain findings
based on information provided in the City of Carlsbad Operating Budget &
Capital Improvement Program 2001-2002 pursuant to California
Government Code Section 66001.
12. AB #16,479 -AGREEMENT WITH MAG PROPERTIES FOR RELEASE
OF OWNERSHIP OF REAL PROPERTY IN EXCHANGE FOR
DEDICATION OF ROAD, SLOPE AND CONSTRUCTION EASEMENTS
FOR RANCH0 SANTA FE ROAD REALIGNMENT AND WIDENING.
(This item was returned to staff.)
ORDINANCES FOR ADOPTION:
13. AB #16,482 - ZONE CODE AMENDMENT FOR A COMPREHENSIVE
AMENDMENT TO THE PLANNED DEVELOPMENT ORDINANCE: ZCA
01-01.
ACTION: On a motion by Council Member Kulchin, Council adopted
ORDINANCE NO. NS-612, adopting a Zone Code Amendment for a
comprehensive amendment to the Planned Development Ordinance
Chapter 21.45, Title 21, of the Carlsbad Municipal Code.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
December 18,200 1 Carlsbad City Council Meeting Page 5
ORDINANCES FOR ADOPTION (continued1
14. AB #16.483 -ADOPTION OF ORDINANCE TO REVISE THE
PROCEDURES FOR DISPOSAL OF SURPLUS CITY PROPERTY.
ACTION: On a motion by Council Member Kulchin, Council adopted
ORDINANCE NO. NS-613, amending Title 3, Chapter 3.29 of the
Carlsbad Municipal Code to revise the procedures for disposal of
surplus city Property.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
15. AB #16,484 - ESTABLISHING A PRIMA FACIE 30 MILE PER HOUR
SPEED LIMIT UPON GABBIANO LANE.
ACTION: On a motion by Council Member Kulchin, Council adopted
ORDINANCE NO. NS-614, amending Title 10, Chapter 10.44, of the
Carlsbad Municipal Code by the addition of Section 10.44.670 to
establish a prima facie 30 mile per hour speed limit on Gabbiano
Lane from Batiquitos Drive to its terminus.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
PUBLIC COMMENTS:
Gary Heck, 3443 Corvallis Street, read his correspondence into the record (on file
in the City Clerk’s Office) regarding their request to Council that staff look into
reestablishing the portable barbeque outside Albertson’s Grocery Store, located
in the Village. He also read correspondence from Lori Rosenstein, Management
Analyst, to Scott Johnson, Manager of Albertson’s Grocery Store, dated
December 6, 2001 regarding the outdoor barbeque.
Mayor Lewis said that he would ask staff to review the issues once more.
Chuck Gee, 2727 Spokane Way, distributed and reviewed a document entitled
“Proposal for Alternative To Traffic Signal - CVD & Pontiac Drive” (on file in the
City Clerk’ Office).
Council Member Finnila asked if Mr. Gee worked with a traffic engineer to
perform a traffic study to create the document. Mr. Gee said he did not work with
a traffic engineer and did not perform a formal study.
Irving P. Smith, 3493 Lakewood Street, said he supports Mr. Gee’s
recommendations outlined in “Proposal for Alternative To Traffic Signal - CVD &
December 18,200 1 Carlsbad City Council Meeting Page 6
Pontiac Drive” (on file in the City Clerk’ Office). Mr. Smith asked why did staff
decide to install a signal at Carlsbad Village Drive and Pontiac Drive.
Council Member Finnila explained that the traffic signal issue went through due
process and Council approved the installation of the traffic signal at Carlsbad
Village Drive and Pontiac Drive. She said that staff is following Council’s
direction.
PUBLIC HEARING:
16. AB #16,487- APPROVE ISSUANCE OF QUALIFIED 501 (c)(3) BONDS BY
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
TO REFINANCE PREVIOUSLY ISSUED BONDS AND FINANCE
ADDITIONAL CONSTRUCTION AT THE GEMOLOGICAL INSTITUTE OF
AMERICA.
Lisa Hildabrand, Finance Director, presented the staff report.
Mayor Lewis opened the duly noticed public hearing at 6:27 p.m. and asked if
anyone wished to speak on this matter in any way.
Gary Hill, representing the Gemological Institute of America, 5345 Armada Drive,
spoke in support of the issuance.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 6:28
p.m.
Council Member Finnila spoke in support of the issuance.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2001-382, approving the issuance of Qualified
501 (c)(3) Revenue Bonds by the California Statewide Communities
Development Authority (The Authority) for the Gemological Institute
of America.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
ADJOURNMENT TO JOINT CARLSBAD CITY COUNCIL AND MUNICIPAL
WATER DISTRICT MEETING
Mayor Lewis adjourned to the Joint City Council and Municipal Water District
Meeting at 6:29 p.m. with all Members present.
December 18,200l Carlsbad City Council Meeting Page 7
ADJOURNMENT TO THE CARLSBAD CITY COUNCIL MEETING
Mayor/President Lewis adjourned to the remaining of the Carlsbad City Council
Meeting at 6:30 p.m. with all Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
18. AB #16,481- REQUEST TO SET A DATE, TIME AND PLACE FOR A
PUBLIC HEARING TO ESTABLISH CONNECTION FEE FOR EL CAMINO
REAL SEWER.
Bill Plummer, Deputy City Engineer, presented the staff report. In response to
Council, he said that the cost for meeting CEQA (California Environmental Quality
Act) requirements has been factored into the cost per share.
Mary Humphrey, 3110 Mary Common, Santa Ana, owner of Lot #6, spoke in
support of the sewer extension, deceleration lane and landscaped median. She
said those neighboring the proposed project are anxious to hook-up to the sewer
line.
Mike Hall, 3810 Alder Avenue, also spoke in support of the sewer extension.
Council Member Kulchin explained that this agenda is simply to set a date, time
and place for a public hearing to consider the project. She said if Resolution No.
2001-379 is adopted, the public hearing will be scheduled for January 22, 2002 at
6:00 p.m.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2001-379, setting the date, time and place for a
public hearing to establish connection fee for El Camino Real
Sewer.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
19. AB #16,405 -APPEAL OF DETERMINATION OF NONCOMPLIANCE FOR
3627 TERRACE PLACE.
Ray Patchett, City Manager, said that Mr. Kolenda has withdrawn the appeal.
20. AB #16,488 -APPROPRIATE FUNDS TO SUPPORT THE CARLSBAD
POP WARNER FOOTBALL TEAM.
Lisa Hildabrand, Finance Director, presented the staff report.
Council Member Finnila recommended the following conditions for Council to use
when considering funding requests of this nature:
December 18,200 1 Carlsbad City Council Meeting Page 8
1. Participants should be under 18 years of age.
2. The event shall be a non-school district sponsored event.
3. Team must have had gone through a competitive progression.
4. A “Team” is identified not only as sports participants but others such as a
team of dancers, musicians or artists.
5. 90% to 95% of the team should be Carlsbad residents.
Council Member Finnila said these conditions would help Council to establish a
policy for these types of funding requests.
Mayor Lewis said he agreed with Council Member Finnila’s conditions.
Council Member Hall noted that a committee already exists to consider funding
requests from community groups. He said it would be very difficult for Council to
create a policy for these types of funding requests.
Council Member Finnila said that the Community Activity Fund Committee has a
set of guidelines that they follow. However, the Committee did not consider this
request because the Carlsbad Pop Warner Football did not submit an application.
Mayor Lewis said this is a special consideration request that may occur from time
to time. He said that guidelines are needed.
Council Member Nygaard suggested that Council allocate the requested $4,000
from the Council Contingency Fund, instead of the Community activity Grant fund.
She said guidelines for future similar requests can then be created.
Council Member Kulchin concurred.
Ron Ball, City Attorney, said that if Council adopts Resolution No. 2001-383, Line
14 of the Resolution would be amended to reflect that the $4,000 would be
allocated from the Council Contingency Fund. Council concurred.
Council Member Finnila said she would like to establish criteria for future
requests.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2001-383, authorizing a donation to support the
Carlsbad Pop Warner Football Team; and, that the donation of
$4,000 shall be made from the Council Contingency Account
instead of the Community Activity Grant Fund.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
December 18,200 1 Carlsbad City Council Meeting Page 9
COUNCIL REPORTS AND COMMENTS:
Each Council Member wished everyone a happy holiday season.
CITY MANAGER COMMENTS:
Ray Patchett, City Manager, expressed appreciation to staff for their support.
CITY ATTORNEY COMMENTS:
Ron Ball, City Attorney, said it was been a remarkable year and expressed
appreciation to staff for their support.
ADJOURNMENT:
By proper motion, .the Regular Meeting of December 18, 2001, was adjourned at
6:55 p.m.
Respectfully submitted,
Janice Bre’ enfeld
Deputy d ’ Clerk