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HomeMy WebLinkAbout2002-05-21; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: MAY 21,2002 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 Deputy City Clerk, as follows: Present: Lewis, Kulchin, Finnila, Nygaard and Hall. Absent: None. INVOCATION: Mayor Lewis offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Finnila led the Pledge of Allegiance. PROCLAMATIONS: Mayor Lewis presented mementos to the following students of Carlsbad High School in honor of their achievement of Valedictorian and Salutatorian: Mattias Cape -Valedictorian Leslie Royalty - Co-Salutatorian Steven Barbour - Co-Salutatorian. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Friday, May 24,2002 - 12 noon Regional Dialog on North County Transportation Issues SANDAG 401 B Street, Suite 800 San Diego, California May 21,2002 Carlsbad City Council Meeting Page 2 ANNOUNCEMENTS (CONTINUED) Tuesday, May 28, 2002 - 6:OO p.m. Northwest Quadrant Community Park at Pine School Council Chambers 1200 Carlsbad Village Drive Carlsbad, California Wednesday, May 29 - June 1,2002 Transforming Local Government Conference Sheraton El Conquistador 10000 n. Oracle Road Tucson, Arizona APPROVAL OF MINUTES: Although Council Member Finnila was absent for the first 15 minutes of the May 7'h Council Meeting, she said she had been briefed on the Consent Calendar and felt qualified to vote on the approval of the May 7'h minutes. Council Member Kulchin said that she would abstain from the approval of the May Tth minutes due to her absence at that meeting. On a motion by Council Member Finnila, Minutes of the following meeting were unanimously approved as presented (with Council Member Kulchin abstaining, as noted above): Minutes of the Regular Meeting held May 7, 2002. CONSENT CALENDAR: ACTION: On a motion by Council Member Kulchin, Council affirmed the Consent Calendar, Items #I through #6 as follows: AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. 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 # 16,756 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City's investment portfolio as of April 30, 2002. May 21,2002 Carlsbad City Council Meeting Page 3 2. 3. 4. 5. 6. AB # 16,757 - REIMBURSEMENT AGREEMENT WITH REAL ESTATE COLLATERAL MANAGEMENT COMPANY FOR REIMBURSEMENT OF CONSTRUCTION COSTS FOR A PORTION OF RANCHO SANTA FE ROAD NORTH OF LA COSTA AVENUE. Council adopted RESOLUTION NO. 2002-145, approving and authorizing execution of Reimbursement Agreement of Construction Costs for a portion of Rancho Santa Fe Road North of La Costa Ave. with Real Estate Collateral Management Company. AB # 16,758 - PROPERTY AND BOILER AND MACHINERY INSURANCE RENEWAL Council adopted RESOLUTION NO. 2002-146, authorizing the expenditure of funds from the Insurance Premium Account for Property and Boiler and Machinery Insurance with Driver-Alliant Insurance Services, Inc. AB # 16.759 -AMENDMENT NO. 4 TO LETTER OF UNDERSTANDING WITH THE CITY MANAGER. Council adopted RESOLUTION NO. 2002-147, approving Amendment No. 4 to Letter of Understanding dated November 21, 1996 with the City Manager. AB # 16,760 -AMENDMENT NO. 4 TO LElTER OF UNDERSTANDING WITH THE CITY ATTORNEY. Council adopted RESOLUTION NO. 2002-148, approving Amendment No. 4 to Letter of Understanding dated November 21, 1996 with the City Attorney. AB # 16,761 - REQUEST FOR PERMISSION TO PREPARE AN AMENDMENT TO THE ZONE 15 LOCAL FACILITIES MANAGEMENT PLAN. Council adopted RESOLUTION NO. 2002-149, authorizing Ladwig Design Group to prepare an Amendment to the Local Facilities Management Plan for Zone 15 on behalf of the developers for the Cantarini Ranch and Holly Springs projects. ORDINANCE FOR ADOPTION: 7. AB # 16,762 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS UPON AMBROSIA LANE. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-628 amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.690 to establish upon Ambrosia Lane a Prima Facie 35 mile per hour speed limit from Aviara Parkway to its intersection with Conosa Way and a Prima Facie 40 mile per hour speed limit from Conosa Way to its intersection with Poinsettia Lane. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. May 21,2002 Carlsbad City Council Meeting Page 4 PUBLIC COMMENT - None. PUBLIC HEARING: 8. AB # 16,763 - TO CONSIDER PROTESTS TO THE INTENTION TO UPDATE AND MODIFY THE FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE). David Hauser, Deputy City Engineer, presented the staff report and made a Power Point presentation (on file in the City Clerk's Office). Mr. Hauser said one protest had been received from George Bolton (a copy of which is on file in the City Clerk's Office) who is the owner of two parcels within Bridge and Thoroughfare District No. 2. Mr. Hauser stated that Mr. Bolton's protest amounts to 0.12% of the total district. Mr. Hauser said that since the protest is less than 50% of the total district, staff recommends that Council overrule the protest and adopt Resolution No. 2002-1 50. In response to Council Member Hall, Mr. Hauser explained that the reason for the unfinished segments of Aviara Parkway and Poinsettia Lane was that an assessment district was not supported to build the full length of each of these roads at one time. Therefore, there is a need for a Bridge and Thoroughfare District. In response to Council, Mr. Hauser explained the environmental issues on this project. In response to Council Member Hall, Galen Peterson, Consulting Engineer, explained why a rebate program in Bridge and Thoroughfare District 2 would be inappropriate. Mr. Hauser responded to Council Member Finnila and said that all property owners, within Bridge and Thoroughfare District 2, had been notified of this public hearing by mail. A majority of those owners had not submitted written comments. Mr. Hauser responded to Council Member Nygaard and said that the fees for the Bridge and Thoroughfare District No. 2 would be collected at building permit issuance. However, since the school district is not required to pull building permits, the School Board has taken the position that the school district is exempt from participating in Bridge and Thoroughfare District 2. In response to Council Member Kulchin, Mr. Hauser said that churches are required to participate in the Bridge and Thoroughfare District No. 2. Ron Ball, City Attorney, said that property owners within Bridge and Thoroughfare District No. 2 paid their fees at the time of building permit issuance. However, the school district paid zero fees in Bridge and Thoroughfare District No. 2. Mr. Ball said that Proposition 218 states that if non-public entities show they do not generate traffic, they can be exempt from the Bridge and Thoroughfare District. May 21,2002 Carlsbad City Council Meeting Page 5 Deputy City Clerk, Janice Breitenfeld announced that the notice of the hearing had been given by mail, publication and posting, and that the appropriate Certificate of Compliance is on file in the City Clerk's Office. Mayor Lewis opened the duly notice public hearing at 7:45 p.m. and asked if anyone would like to speak on this matter in any way. Seeing no one wishing to speak, the Mayor closed the public hearing at 7:45 p.m. In response to Mayor Lewis, Mr. Peterson, said that Bridge and Thoroughfare District No. 2 contains over 1,000 property owners, who were all duly noticed of tonight's public hearing. He noted that the public hearing notice had also been published in two newspapers. Mr. Hauser noted that fees had already been paid for the existing subdivisions within the Bridge and Thoroughfare District No. 2. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2002-150, overruling protests, determining that said protests represent less than fifty percent (50%) of the area of Bridge and Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane), adopting the Mitigated Negative Declaration, and approving the update and modification of the fees for Bridge and Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane) as contained in the Engineer's Report dated March 4, 2002. m: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ADJOURNMENT TO MUNICIPAL WATER DISTRICT MEETING Mayor Lewis adjourned to the Municipal Water District Meeting at 7:47 p.m. with all members present. RECONVENE COUNCIL MEETING President Lewis adjourned to the continuation of the City Council Meeting at 7:47 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORT: 9. AB # 16,765 - PRESENTATION BY FRANK SORINO FROM JOIN HANDS- SAVE A LIFE. Due to a potential conflict of interest, Council Member Hall left the meeting at 7:49 p.m. Frank Sorino, Executive Director, Join Hands Save a Life, requested a waiver of the matching fund requirement on the 2002-2003 CDBG funding for the Youth Center Project. May 21,2002 Carlsbad City Council Meeting Page 6 Mr. Sorino also asked for a time extension of CDBG Facilities Funding to bridge the Year 2002-03 allocations. Mr. Sorino explained that H.U.D. will not allow the use of volunteers to perform the construction of the Youth Center Project. Therefore, Join Hands Save a Life is required to hire craftsmen to construct the Youth Center, which will increase expenses. Stan Katz, 7721 Segovia, asked Council to approve Mr. Sorino’s requests. He spoke of the need for the Youth Center. Dominick Sorino, 1560 Sandalwood, explained their fund raising efforts and spoke of the need for the Youth Center. Sal Valesquez, 1784 Troy Lane, Oceanside, said he is a Board Member of Join Hands Save a Life. He described their difficulty in raising funds. Michele Jenkins, 2017 Valley Road, said she has just been hired to organize a Golf Fund Raiser, which will be held at Lake San Marcos on September 6, 2002. In response to Council Member Finnila, Ms. Jenkins said that the cost is $125 per player. Irene Maceto, a student at Carlsbad High School, spoke in support of Frank Sorino and Join Hands Save a Life. Jules, 3939 Roosevelt, spoke in support of Frank Sorino and Join Hands Save a Life. Martin Figueroa, a resident of Oceanside, spoke in support of Frank Sorino and Join Hands Save a Life. Council Member Nygaard said that Council has been quite clear with all non-profit agencies that CDBG funds for capital projects must have a matching funds element. In response to Council, Frank Boensch, Management Analyst, said that Join Hands Save a Life has been given a total of 3 time extensions. Mr. Boensch explained that HUD requires that the CDBG funds be spent in a timely manner. However, due to the fact that Join Hands Save a Life has not spent their share, the City has a high CDBG balance of funds and HUD could give the City a smaller amount of total CDBG funds for 2003-04. Debbie Fountain, Housing Manager, offered clarification to Mr. Boensch’s comments and noted that the City’s deadline for compliance with HUD was April 30, 2002. In response to Council Member Kulchin, Mr. Boensch said that Council imposed a matching fund requirement on the CDBG funds allocated to the Boys and Girls Club for their capital project. May 21,2002 Carlsbad City Council Meeting Page 7 Mayor Lewis said he would support Mr. Sorino’s request to waive the matching funds requirement on the 2002-2003 CDBG funding for the Youth Center Project. Council Member Nygaard said she could not support either of Mr. Sorino’s requests. She noted that this same conversation was held last year and Council Member Nygaard expressed concern for the potential of HUD sanctions. Council Member Finnila said she could not support either of Mr. Sorino’s requests and said that she does not have confidence in the 5-Year Plan submitted by Join Hands Save a Life. Council Member Kulchin concurred that she could not support either of Mr. Sorino’s requests. Council’s consensus was to take no formal action on this item. (Council Member Hall returned to the meeting at 7:30 p.m.) 10. AB # 16,764 - HISTORIC PRESERVATION COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTIION NO. 2002- - 151, appointing Don Christiansen to the Carlsbad Historic Preservation Commission; and Council adopted RESOLUTION NO. 2002-152, appointing Connie Trejo to the Carlsbad Historic Preservation Commission. m: Lewis, Kulchin, Finnila, Nygaard, and Hall, NOES: None. COUNCIL MEMBERS’ COMMENTS: Council Member Finnila said that a meeting regarding habitat will sponsored by SANDAG and other agencies on June 3, 2002 from 6:30 p.m. to 8:30 p.m. at the Encinitas City Hall. CITY MANAGER COMMENTS: None. May 21,2002 Carlsbad City Council Meeting Page 8 CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of May 21, 2002 was adjourned at 7:30 p.m. %NICE BREITENFELD Deputy City Clerk