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Home My WebLink About2002-09-24; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: SEPTEMBER 24,2002 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, Finnila, and Hall. Absent: Nygaard and Kulchin. PROCLAMATION: Mayor Lewis presented Ruth Fletcher, Purchasing Officer, with a proclamation in honor of her retirement. ANNOUNCEMENTS: Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming event: Friday, September 27, 2002 - 5 p.m. Carlsbad Chamber of Commerce New Headquarters Dedication 5934 Priestly Drive Carlsbad, California CONSENT CALENDAR: ACTION: On a motion by Council Member Finnila, Council affirmed the action of the Consent Calendar, Items #I through #9 as follows: AYES: Lewis, Finnila and Hall. NOES: None. ABSENT: Nygaard and Kulchin. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. September 24,2002 Carlsbad City Council Meeting CONSENT CALENDAR (continued) Page 2 1. 2. 3. 4. 5. 6. I. AB #16,898 -ACCEPTANCE OF DONATION TO THE ADULT LITERACY PROGRAM. Council adopted RESOLUTION NO. 2002-280, accepting a donation from the Wal- Mart West, Oceanside store to the Adult Literacy Program of the Carlsbad City Library, and directing an appropriate letter of thanks be sent. AB #16,899 -AUTHORIZATION TO ADVERTISE FOR BIDS TO FURNISH AND INSTALL A NEW ROOF AT THE SENIOR CENTER. Council adopted RESOLUTION NO. 2002-281, approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids to furnish and install a new roof at the Senior Center - Contract No. FAC03-05 AB #16,900 -AGREEMENTS FOR CONSTRUCTION MANAGEMENT SERVICES FOR AVIARA COMMUNITY PARK Council adopted RESOLUTION NO. 2002-282, approving three agreements for the Aviara Community Park Project: 1) NTD Architects, Inc. for construction administration services, 2) P & D Consultants, Inc. for civil engineering and landscape architecture services and, 3) B & G Consultants Inc. for construction management services. AB #16.901 -APPROVING AMENDMENT NO, 4 TO AGREEMENT WITH CAMP DRESSER & MCKEE. INC. FOR ENGINEERING DESIGN SERVICES. Council adopted RESOLUTION NO. 2002-283, approving Amendment No. 4 to the Agreement with Camp Dresser & McKee, Inc., for Engineering Design Services for the South Agua Hedionda Interceptor Sewer Project, Reach SAH3 - Project No. 3583-1. AB #16.902 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF 2000/01 PAVEMENT OVERLAY PROJECT. Council adopted RESOLUTION NO. 2002-284, accepting the construction of the 2000/01 Pavement Overlay Project, Project No. 3667-4, as complete, and directing the City Clerk to record a Notice of Completion and release bonds appropriately. AB #16,903 - 2001-2002 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Council adopted RESOLUTION NO. 2002-285, approving the City of Carlsbad’s 2001-2002 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program. AB #16.904 -AGREEMENTS FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED CANTARlNl RANCH AND HOLLY SPRINGS SUBDIVISIONS EIR 02-02. Council adopted RESOLUTION NO. 2002-286, approving agreements with Bentley Equity, LLC and Mooney & Associates for the preparation of an Environmental Impact Report (EIR 02-02) for the Cantarini Ranch and Holly Springs subdivisions. September 24,2002 Carlsbad City Council Meeting Page 3 CONSENT CALENDAR lcontinued) 8. AB #16,905 - RATIFICATION OF CONTRACT FOR THIRD PARTY ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS. Council adopted RESOLUTION NO. 2002-287, awarding the contract for the third party administration of workers' compensations claims to TRISTAR Risk Management. 9. AB #16,906 -APPROVING REIMBURSEMENT AGREEMENT WITH REDEEMER BY THE SEA LUTHERAN CHURCH OF CARLSBAD. Council adopted RESOLUTION NO. 2002-289, approving a reimbursement agreement with Redeemer by the Sea Lutheran Church of Carlsbad for grading Poinsettia Lane Reach C, Project No. 3673. ORDINANCE FOR ADOPTION: 10. AB #16,907 -ADOPTION OF ORDINANCE NO. NS-642 AMENDING THE CARLSBAD MUNICIPAL CODE TO INCREASE SEWER FEES. ACTION: On a motion by Council Member Finnila, Council adopted ORDINANCE NO. NS-642, adding Section 13.10.080 to the Carlsbad Municipal Code to increase fees in Sewer Benefit Areas C, D, E & F (South Agua Hedionda Interceptor Sewer). B: Lewis, Finnila and Hall. NOES: None. ABSENT: Nygaard and Kulchin. PUBLIC COMMENT: Michele Levy, 3021 Highland Avenue, expressed concern for the code violations occurring at 3016 Highland Avenue. In response to Council, Ron Ball, City Attorney, said that the Code Enforcement Department is the first line of appropriate action and Code Enforcement has an open case for 3016 Highland Avenue. Mr. Ball said at their October 2, 2002 Meeting, the Planning Commission would consider approval of a Conditional Use Permit at 3016 Highland Avenue. Mr. Ball explained that it is inappropriate to discuss the issue at this Council meeting. DEPARTMENTAL AND CITY MANAGER REPORT: 11. AB #16.908 - AMEND SECTION 10.40.075 OF THE CARLSBAD MUNICIPAL CODE REGARDING COMMERCIAL VEHICLE PARKING IN RESIDENTIAL DISTRICTS AND NON-RESIDENTIAL AREAS. Bob Johnson, Deputy City Engineer, reviewed the staff report and made a Power Point Presentation (on file in the City Clerk's Office). September 24,2002 Carlsbad City Council Meeting Page 4 Jim Aladits, Senior Police Officer, answered Council's questions regarding commercial vehicles parking in residential areas. Discussion ensued regarding the parking of tow trucks in residential areas. Ron Ball, City Attorney, said the gross vehicle weight of the tow truck and other criteria would determine if a violation existed. Mayor Lewis noted that a tow truck driver might be on a 24-hour call and need to park his tow truck in front of his home. Mr. Ball read the definition of a commercial vehicle as specified in the Carlsbad Municipal Code. He asked for Council's direction to research two points of federal statutory law in order to determine if the City has the power to regulate tow-trucks. After discussion, Council concurred to continue this agenda item to October 8, 2002. Council directed the City Attorney to research the law to determine if the City has the power to regulate tow-trucks. June Drazenovich, 929 Daisy Avenue, expressed appreciation to Council for addressing the issue of commercial vehicles parking in residential areas. 12. AB #16,884 - REQUEST FOR FUNDING FROM THE CARLSBAD VILLAGE BUSINESS ASSOCIATES. Steve Oggel, 300 Carlsbad Village Drive, spoke in support of the Carlsbad Village Business Association's (CVBA) request for a grant of $25,000 to increase the hours of the part time staff to full time. Mr. Oggel said the grant would also be used for special events to promote the Village. He explained that the Carlsbad Village Business is working with the Carlsbad Convention and Visitors' Bureau and the Carlsbad Chamber of Commerce. Mr. Oggel explained that while these other two organizations focus on promoting the entire City of Carlsbad, the focus of the Carlsbad Village Business Association is the Village. Mr. Oggel described the CVBAs future plans. Kurt Burkhart, Executive Director of the Carlsbad Convention and Visitors' Bureau (CONVIS), 400 Carlsbad Village Drive, said CONVIS supporkthe CVBAs concept of expanding the arts and crafts show. Mr. Burkhart said they have been working with the CVBA to create a website. Mr. Burkhart said that his organization looks forward to continuing to work with the CVBA. He said that the Carlsbad Convention and Visitors' Bureau stands ready to begin working with the CVBA on a marketing plan. Ofelia Escobedo, 161 1 James Drive, said she has been a member of the CVBA for many years and asked Council to grant the request of $25,000. Gina Stark, P.O. Box 1460, Carlsbad, asked Council to grant the CVBAs request of $25,000. Ms. Stark said that her store in the Village is staying open longer hours and is now open on Sundays. She encouraged other business owners to increase their store hours and remain open during special events. In response to Council, Ms. Stark said staying open longer hours has been profitable to her business. September 24,2002 Carlsbad City Council Meeting Mark Hopper, 2945 Harding Street, #I 11, Carlsbad, Treasurer for the CVBA, said they have good internal security and have hired a Certified Public Accountant. He spoke in support of the CVBAs request for a $25,000 grant. Paul Vander Ploeg, 2579 State Street, spoke in support of the CVBAs request for a $25,000 grant. Pamela Lipper, P.O. Box 1460, Carlsbad, Executive Director of the CVBA, spoke in support of their request for a $25,000 grant. In response to Council Member Hall, Mr. Oggel said that it is the CVBAs goal to keep streets open during their sponsored special events. Mayor Lewis expressed concern that the Chamber of Commerce, Carlsbad Convention and Visitors’ Bureau and the Carlsbad Village Business Association all ask Council for funding. Mayor Lewis spoke of the need of one organization handling all of the events and one organization requesting funding from Council. Mayor Lewis suggested that the Carlsbad Convention and Visitors’ Bureau, the Barrio Fiesta and CVBA be under one umbrella. Mr. Oggel said that the CVBA has three income producing events and said that the CVBA plans on becoming self-sufficient. Mayor Lewis said he would like to continue this discussion and vote to a Council meeting when all Council Members could be present. Council Member Finnila spoke of the importance of the Chamber of Commerce, Carlsbad Convention and Visitors’ Bureau and the Carlsbad Village Business Association creating a comprehensive plan. In response to Council Member Hall, Mr. Burkhart said that Carlsbad Convention and Visitors’ Bureau recently submitted their budget to the City Staff. Council Member Hall spoke of the importance of the Carlsbad Convention and Visitors’ Bureau marketing the Village. Ray Patchett, City Manager, said that staff would bring this agenda item back to Council when a full Council is available. Page 5 13. AB #16.909 -APPOINTMENT TO HOUSING COMMISSION. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2002-290, appointing Bobbie Smith to the Carlsbad Housing Commission. m: Lewis, Finnila and Hall. - NOES: None. ABSENT: Nygaard and Kulchin. September 24,2002 Carlsbad City Council Meeting Page 6 PUBLIC COMMENT: Marc Myteis, 867 Marigold Court, Carlsbad, spoke of the need for a dog park in South Carlsbad. He noted that the dog park in North Carlsbad is too small for large dogs and too far away from his home. COUNCIL MEMBER COMMENTS: Council Member Finnila said that today Governor Davis signed SB 1703, making SANDAG a permanent agency. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT. By proper motion, the Regular Meeting of September 24, 2002 was adjourned at 7:15 p.m. Janice Breitenfeld Deputy City Clerk