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Home My WebLink About2002-01-22; City Council; MinutesMINUTES MEETING OF : CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: JANUARY 22,2002 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:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Kulchin, Finnila, Nygaard and Hall, Absent: None. APPROVAL OF MINUTES: On a motion by Council Member Kulchin, Minutes of the following meeting were unanimously approved as presented: Minutes of the Regular Meeting of January 8, 2002 PRESENTATIONS: Mayor Lewis presented Jim Whittaker and lzma Chmiel with a plaque and a proclamation of appreciation for their years of service on the Senior Commission. Mayor Lewis presented Fire Captain Rich Walton with a plaque and proclamation in honor of Captain Walton's retirement. CONSENT CALENDAR: Item Nos. 5 and 6 were pulled for discussion. ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items #I through 4, as follows: m: 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. January 22,2002 Carlsbad City Council Meeting Page 2 1. AB #16.523 -ACCEPT BID AND AUTHORIZE EXECUTION OF AGREEMENT FOR PAINTING AND RELATED MAINTENANCE SERVICES. Council adopted RESOLUTION NO. 2002-032, accepting the bid and authorizing the execution of an agreement for pa~inting and related maintenance services to Jackpot Painting, Inc. 2. AB #16.524 - SUMMARY STREET VACATION OF A PORTION OF STREET RIGHT-OF-WAY ON CHESTNUT AVENUE, STV 01-01. Council adopted RESOLUTION NO. 2002-033, summarily vacating a 10’ x 50’ portion of public street right-of-way fronting 442 Chestnut Avenue. 3. AB #16,525 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 2002-034, authorizing the destruction of certain Police Department files. 4. AB #16.526 -APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 99-08, SPYGLASS I1 AND SUMMARY VACATION OF PORTIONS OF EL CAMINO REAL - STV 01-04 AND STV 01-05. Council adopted RESOLUTION NO. 2002-035, approving the final map for Carlsbad Tract 99-08, Spyglass II, and authorizing the City Clerk to process the map for recordation; and, Council adopted RESOLUTION N0.2002-236, summarily vacating portions of El Camino Real southeasterly of its intersection with Carlsbad Village Drive. 5. AB #16,522 -APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD FIREFIGHTERS’ ASSOCIATION (CFAL This item was pulled for discussion. 6. AB #16.534 -APPROVAL OF MASTER PLAN AGREEMENT FOR ALGA NORTE COMMUNITY PARK. This item was pulled for discussion. DISCUSSION OF CONSENT CALENDAR ITEMS: 5. AB #16,522 -APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD FIREFIGHTERS’ ASSOCIATION (CFA). Mayor Lewis said this is an excellent compensation package for five years and that he supports the 3% at 50 retirement benefit formula and the health package. He spoke in support of the Fire Department. However, Mayor Lewis said he opposes the super spike, the EPMC, which would increase the retirement package another 8% at the end of the year. Mayor Lewis said this is a fairness issue because the same benefit was not given to the police officers. He said that if one segment of the employees receives the super spike, then it should be offered to all employees. Mayor Lewis said he supports this compensation package, with the one exception, and because that exception is a January 22,2002 Carlsbad City Council Meeting Page 3 major part of the package, he would oppose the adoption of Resolution No. 2002-030 and Resolution No. 2002-031. Council Member Hall noted that the State of California has put California cities on notice that the cities will not receive the same amount of monies this coming year as in the past. Council Member Hall expressed concern that the proposed compensation package for the CFA over 5 years results in a 33% pay increase (total compensation and salary). Council Member Hall said that although he supports the 3% at 50 retirement benefit formula, he would vote no on the adoption of Resolution No. 2002- 030 and Resolution No. 2002-031. Council Member Nygaard spoke of the importance of considering a total compensation package. She said all of the issues in this MOU are given based on the total amount of money set aside based on the community’s financial projections. Council Member Nygaard said that we are very fiscally conservative in Carlsbad. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2002-030, adopting a Memorandum of Understanding between representative of management and the Carlsbad Firefighters’ Association; and, Council adopted RESOLUTION NO. 2002-031, authorizing payment and reporting the value of employer paid member contributions. AYES: Kulchin, Finnila and Nygaard. NOES: Lewis and Hall. 6. AB W6.534 -APPROVAL OF MASTER PLAN AGREEMENT FOR ALGA NORTE COMMUNITY PARK. In response to Council Member Nygaard, Ray Patchett, City Manager, said that staff would return to Council with a report regarding the possibility of the community facility in Alga Norte Community Park becoming self-sufficient. Council Member Finnila said the report should address the issue of multi-phasing. She said that the same process should be used with Alga Norte Community Park as was used at Poinsettia Park and the City hold public meetings and provide opportunities for public input. She said that the public appreciates seeing the conceptual plan for the park and speaking to staff at the public meetings. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2002-042, approving a Master Plan Agreement for Alga Norte Community Park; and, January 22,2002 Carlsbad City Council Meeting Page 4 That staff return to Council with a report regarding the possibility of the community facility in Alga Norte Community Park becoming self-sufficient; and, That public meetings be held to provide the public with a conceptual plan of Alga Norte Community Park and asking for the public’s input. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ORDINANCES FOR ADOPTION 7. AB #16,534 -APPROVAL OF MASTER PIAN AGREEMENT FOR ALGA NORTE COMMUNITY PARK. Ron Ball, City Attorney, noted that Council would retain jurisdiction and approval of the final community facilities use on this site. Mr. Ball said that the Code lists 10 different community facility uses that would be appropriate for this site and noted that day care is only one. Council Member Finnila said this clarification is important because Council has received correspondence that Village H should be kept as open space. However, she said that Council does not have the ability to declare that Village H remain as open space. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-616, amending the Calavera Hills Master Plan to Establish Wildlife Corridors, Update the Plan to Current City Standards, and Allow for the Build-Out of Calavera Hills Generally Located South of the City of Oceanside and West of Lake Calavera. m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. 8. AB #16.528 - ZC 01-01 CALAVERA HILLS PHASE II Ron Ball, City Attorney, said that this item is a companion to the previous agenda bill. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-617, Amending Section 21.05.030 of the Carlsbad Municipal Code by an Amendment to the Zoning Map to Grant a Zone Change, ZC 01-01, From L-C to P-C on Property Generally Located Adjacent to the Eastern Perimeter of the Calavera Hills Master Plan, Directly South of Lake Calavera in Local Facilities Management Zone 14. m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. January 22,2002 Carlsbad City Council Meeting Page 5 PUBLIC COMMENTS: John Mamaux, 1393 Basswood Avenue, representing “Love on a Leash” Therapy Dogs, explained their program and introduced members and their dogs. He said that on January 28‘h at 9:00 p.m. on Channel 3, Adelphia will show a video about their program, “Love on a Leash”. AGENDA OUT OF ORDER At this time, Council concurred to take the agenda out of order, ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING Mayor Lewis adjourned to the Special Meeting of the Housing and Redevelopment Commission Meeting at 6:42 p.m. with all members present. Council reconvened at 955 p.m. with all members present. AGENDA OUT OF ORDER Due to the late hour, Council concurred to take the agenda out of order. DEPARTMENTAL AND CITY MANAGER REPORT: 12. AB #16.532 - DIRECT STAFF ON THE CONSTRUCTION OF A CUL-DE-SAC BULB ON ALETHEA LANE. Council concurred to continue this item to a future Council meeting. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2002-039, awarding the construction contract for Carrillo Ranch Phase It, Contract No. 34561-2, appropriating additional funds, approving consultant agreement amendments for as-needed construction phase design support and construction management services and approving artwork. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. January 22,2002 Carlsbad City Council Meeting Page 6 ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING Chair Lewis adjourned the Regular Meeting of the City Council to the Special Meeting of the Carlsbad Municipal Water District at 956 p.m. RECONVENE COUNCIL MEETING President Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District to the remainder of the Carlsbad City Council Meeting at 957 p.m. All Council Members were present. PUBLIC HEARINGS: 9. AB #16,529 -APPROVAL OF PLAT MAP AND REIMBURSEMENT CONNECTION FEE FOR EL CAMINO SEWER FROM TAMARACK AVENUE TO CHESTNUT AVENUE. Mayor Lewis said that Council had been briefed on this item and asked if there were any questions from Council. Mayor Lewis opened the duly notice public hearing at 857 p.m. and asked if anyone wished to speak on this matter in any way. Jack Sprague, 8301 Mission Gorge Road, Santee, referred to his correspondence to Council dated January 18, 2002 (on file in the City Clerks Office) and asked for the opportunity to hook-up to the City’s sewer system. Robert Czajkowski, 1348 Shorebird Lane, spoke in support of this agenda item. Doug Stouffer, 3891 El Camino Real, said he has a septic tank that has not failed. Therefore, he said he should not be required to hook-up to the City’s sewer system. He said it is unfair that he has to pay the hook-up charge when his septic has not failed. Mr. Stouffer said that only the non-resident owners support the hook-up to sewer. Mike Hall, 3810 Alder Avenue, said his septic has failed and asked for the opportunity to hook-up to the City’s sewer. John Fornal, 7379 Seafarer Place, said he supports the connection fee. Seeing no one else wishing to speak on this matter, the Mayor closed the public hearing at 10:07 p.m. In response to Council, Bill Plummer, Deputy City Engineer, said that 8 of the 14 property owners in the area support the reimbursement connection fee. He noted that the fee would be paid only when hook-up to the sewer occurred; the exception would be January 22,2002 Carlsbad City Council Meeting Page I if the septic system failed. Mr. Plummer said when the property changes ownership, there is no requirement that the new owner must connect to the sewer. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUITON NO. 2002-037 approving a plat map to establish a sewer reimbursement connection fee for the El Camino Real Sewer from Tamarack Avenue to Chestnut Avenue pursuant to the provisions of Section 13.08.035 of the Carlsbad Municipal Code. u: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. IO. AB #16.530 - KING’S FISH HOUSE CUP OI-O6/CDP 01-18. Mayor Lewis said that Council had been briefed on this item and asked if there were any questions from Council. Mayor Lewis opened the duly notice public hearing at 1O:lO p.m. and asked if anyone wished to speak on this matter in any way. Sam King, applicant, asked Council to adopt Resolution No. 2002-038. Seeing no one else wishing to speak, the Mayor closed the public hearing at 1O:ll p.m. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2002-038, adopting a Negative Declaration and Approving a Conditional Use Permit and Coastal Development Permit to allow the development of a restaurant on property generally located at the west side of Paseo Del Norte, North of Palomar Airport Road and South of Car Country Carlsbad in Local Facilities Management Zone 3. m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. DEPARTMENTAL AND CITY MANAGER REPORTS (continued): 14. AB #16.519 - DESIGN REVIEW BOARD APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2002- - 027 appointing Sara Marquez to the Design Review Board. m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. January 22,2002 Carlsbad City Council Meeting Page 8 13. AB #16.533 - PLANNING COMMISSION APPOINTMENTS Each Council Member made two recommendations. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2002- - 040, appointing Melissa White to the Planning Commission; and Council adopted RESOLUTION NO. 2002-041, appointing Frank Whitton to the Planning Commission; and, and that Courtney Heineman remain on the Planning Commission for an additional six months. m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Monday, January 28 and Tuesday, January 29,2002 - 8:OO a.m. Carlsbad City Council Goal Setting Workshop Grand Pacific Palisades Resort - Meet and Greet Room 5805 Armada Drive Carlsbad, California Wednesday, January 30,2002 - 4:OO p.m. Thursday, January 31, 2002 - 9:00 a.m. Friday, February 1, 2002 - 8:30 a.m. SANDAG Annual Retreat La Casa Del Zorro Resort Borrego Springs Road and Yaqui Pass Road Borrego Springs, California CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. January 22,2002 Carlsbad City Council Meeting Page 9 COUNCIL COMMENTS: Council Member Nygaard said she completed the San Diego Half Marathon. ADJOURNMENT: BY proper motion, the Regular Meeting of January 22, 2002, was adjourned at 10:21 p.m. Respectfully submitted, City derk Janice Breitenfeld Deputy City Clerk