The URL can be used to link to this page

Home My WebLink About2002-12-10; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: DECEMBER IO, 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. PLEDGE OF ALLEGIANCE: The Carlsbad Fire Department Color Guard (Captain Mike McFadden, Engineer Dennis Gates, and Paramedic Firefighter Mike Davis) presented the colors and Council Member Nygaard led the flag salute. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, Minutes of the following meetings were unanimously approved as presented, with Council Member Finnila abstaining from approval of the October 1, 2002 minutes due to her absence: Special Meeting of 10/1/02 Regular Meeting of 10/1/02 Special Meeting of 10/15/02 Regular Meeting of 1011 5/02 Special Meeting of 10/22/02 Special Meeting of 10/22/02 Regular Meeting of 10/22/02 Special Meeting of 1 1/5/02 Regular Meeting of 11/12/02 CONSENT CALENDAR: Item No. 6 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #5, and Item No. 7 as follows: AYES: Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None. December 10,2002 Carlsbad City Council Meeting 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. 2. 3. 4. 5. 7. AB #I 7,000 - ACCEPTANCE OF CALIFORNIA ARTS COUNCIL TOURING GRANT. Council adopted RESOLUTION NO. 2002-351, accepting a touring grant from the California Arts Council for the artist group Golden Bough. AB #I 7,001 - AMENDMENT NO. 5 TO JOINT POWERS AGREEMENT FOR EMERGENCY SERVICES WITH THE SAN DIEGO COUNTY AND PARTICIPATING CITIES. Council adopted RESOLUTION NO. 2002-352, approving the Fifth Amended Unified San Diego County Emergency Services Agreement to provide for a unified emergency services organization in the San Diego area for mutual aid assistance in the event of multi-jurisdictional emergencies or disasters. AB #17,002 -ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS SUBJECT TO GOVERNMENT CODE SECTION 66006 AND GOVERNMENT CODE SECTION 6600 1. Council adopted RESOLUTION NO. 2002-353, making certain findings pursuant to California Government Code Section 66001. AB #17,003 - RATIFICATION OF REIMBURSEMENT AGREEMENT WITH THE TERRACES AT SUNNY CREEK, LLC, FOR MODIFICATION OF A TRAFFIC SIGNAL. Council adopted RESOLUTION NO. 2002-354, approving and authorizing the execution of a Ratification of Reimbursement Agreement with The Terraces at Sunny Creek, LLC, for the design and construction costs incurred for the modifications performed on the traffic signal at the intersection of College Boulevard and El Camino Real, and appropriating funds. AB #17,004 -THIRD AMENDMENT IN 2002 TO THE GENERAL PLAN LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT FOR THE FOWMILLER PROPERTY (GPA 00-05). Council adopted RESOLUITON NO. 2002-355, approving the third amendment to the Land Use Element and Open Space and Conservation Element of the General Plan in 2002, for the project commonly known as Fox/Miller Property - GPA 00-05. AB #17,006 -APPOINTMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT/HOME INVESTMENT PARTNERSHIP FUNDING ADVISORY COMMITTEE. Council adopted RESOLUTION NO. 2002-357, appointing members to the City’s Community Development Block Grant/HOME Investment Partnership Funding Advisory Committee. December 10,2002 Carlsbad City Council Meeting 3 ITEM REMOVED FROM THE CONSENT CALENDAR Ron Ball, City Attorney, stated that Council should adopt the substituted resolution for the original resolution clarifying that the item will return to the City Council for approval of the final terms and conditions of the City becoming a member of the North County Dispatch JPA. 6. AB #17.005 - REQUESTING THAT THE NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY BOARD APPROVE CARLSBAD BECOMING A MEMBER AGENCY FOR FIRE DISPATCHING SERVICES. Council adopted RESOLUTION NO. 2002-356, requesting that the North County Dispatch Joint Powers Authority Board approve Carlsbad becoming a member agency for fire dispatching services. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted Resolution No. 2002-356, as amended. AYES: Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None. PUBLIC COMMENTS: Michele Levy, 3021 Highland Drive, Carlsbad, stated her opposition to the proposed CUP 01-02, Casa Montessori De Vista School, to be located at 3016 Highland Drive, noted the reality of increased traffic, possible devaluation of properties on Highland Drive, and asked who would enforce tracking the conditions of the Conditional Use Permit. Joe Miraflor, 4922 Alameda Drive, Oceanside, Senior Pastor, North County Tabernacle of Praise, read excerpts from Planning Commission Minutes dated November 20, 2002. Mr. Miraflor referred to a letter he wrote about rules not being followed by the applicant, Ms. Taylor, when he was her previous landlord. Mr. Miraflor stated that when Ms. Taylor rented the site from him for daycare there were difficulties because the rules were not adhered to. Marilyn Jansen, 3307 Highland Drive, informed the Council of her opposition to the conditional use permit for the proposed Montessori School at 3016 Highland Drive, read excerpts from Planning Commission Minutes dated November 20, 2002. She also pointed out that the front yard would be a paved parking lot, that a wall should be installed to lower the sounds of the children in the backyard, and that traffic would be increased at this particular corner. Mr. Ahmad Reza Hadaegh, 3969 Adams Street, Apt. C209, stated that his son has progressed very well in the months since he has attended Ms. Taylor’s Montessori School. Mr. Hadaegh is in favor of CUP 01-02. December 10,2002 Carlsbad City Council Meeting 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #17.008 - SOUTHERN CALIFORNIA CAULERPA ACTION TEAM UPDATE ON CAULERPA TAXlFOLlA ERADICATION AT AGUA HEDIONDA LAGOON. Eric Munoz, Senior Planner, introduced Bob Hoffman, Biologist, National Marine Fisheries Service and member of the Southern California Caulerpa Action Team (SCCAT). Mr. Hoffman stated that a survey being done on the Agua Hedionda Lagoon had not detected any Caulerpa taxifolia outside of the restricted area. However, Mr. Hoffman said that those results do not indicate the algae had been totally eradicated. Mr. Hoffman responded to Council Member Finnila’s inquiry regarding any movement of the Caulerpa taxifolia outside the affected areas. He stated that so far the algae had been contained in the Lagoon and to date had not been found outside the Lagoon. He informed Council that the same algae had been discovered in Huntington Beach. Council Member Hall asked when the next survey would take place and when the tarps would be removed. Mr. Hoffman stated that the next survey would take place in the spring and summer and that the determination of tarp removal would be made at a future date. Council Member Finnila asked why the risk was taken to allow fishing in the passive use areas. Mr. Hoffman responded that there was no indication that Caulerpa taxifolia had been found in those areas. Council Member Kulchin questioned as to whether Caulerpa taxifolia had become dormant. Mr. Hoffman stated that the algae had not been found in any other area in the Lagoon. Mayor Lewis asked when all the activities would be allowed again in the Lagoon. Mr. Hoffman informed the Mayor that all water sports would not be allowed in the Lagoon until Caulerpa taxifolia had been totally eradicated. Wayne Brechtel, Bristol Cove Property Homeowners Association, stated that he was happy with the plan and informed Council that an amendment to AB 1059 would restrict areas where Caulerpa taxifolia was found without public notice. 9. AB #I 7,007 - RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 5,2002. Lorraine Wood, City Clerk, gave an overview of the 2002 General Municipal Election results. December 10,2002 Carlsbad City Council Meeting 5 ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted Resolution No. 2002-358, reciting the fact of the General Municipal Election held on November 5, 2002, declaring the results and such other matters as provided by law. AYES: Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None. IO. AB #I 7,009 - COUNCIL REORGANIZATION A. OATHS OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION. Ronald Ball, City Attorney, gave the Oath of Office and presented a Certificate of Election to Lorraine M. Wood, City Clerk. Lorraine M. Wood, City Clerk, gave the Oath of Office and presented Certificates of Election to: James Stanton, City Treasurer, Claude Lewis, Mayor, Matt Hall, Council Member, and Mark Packard, Council Member. At 6:48 p.m., retiring Council Member Nygaard left the dais and newly elected Council Member Packard was installed. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted Resolution No. 2002-358, reciting the fact of the General Municipal Election held on November 5, 2002, declaring the results and such other matters as provided by law. AYES: Lewis, Kulchin, Finnila, Hall and Packard. NOES: None. B. ELECTION OF MAYOR PRO TEM ACTION: On a motion by Mayor Pro Tem Kulchin, Council appointed Council Member Ramona Finnila as Mayor Pro Tem. AYES: Lewis, Kulchin, Finnila, Hall and Packard. NOES: None. C. AB #I 7,009 - CITY COUNCIL COMMITTEE APPOINTMENTS. Mayor Lewis suggested the following for Council Committee appointments: 1. Mayor Lewis - No changes 2. Mayor Pro Tem Finnila - No changes 3. Council Member Hall - No Changes December 10,2002 Carlsbad City Council Meeting 6 4. Council Member Kulchin a. Relinquishes I. Buena Vista Lagoon JPA 2. EFJPA 3. Encina Joint Powers (JAC) 4. Encina Wastewater Authority b. Appointed to: I. North Council Transit District Board of Directors 5. Council Member Packard a. Appointed to: 1. City/School Committee 2. League of California Cities San Diego Division 3. EFJPA 4. Encina Joint Powers (JAC) 5. Encina Wastewater Authority ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted changes to Council Appointments. AYES: Lewis, Kulchin, Finnila, Hall and Packard. NOES: None. COUNCIL REPORTS AND COMMENTS: None. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Wednesday, December I1 , 2002 - 2 p.m. 2002 Police Awards Ceremony Carlsbad Public Safety Center 2560 Orion Way, Carlsbad, California Wednesday, December 11,2002 - 5:30 p.m. Planning Commission Staff Appreciation Event 4213 Sunnyhill Drive, Carlsbad, California Thursday, December 12,2002 - 6:30 a.m. City of Carlsbad Annual Employee Holiday Breakfast La Costa Resort 2100 Costa Del Mar Road, Carlsbad, California December 10,2002 Carlsbad City Council Meeting 7 Thursday, December 12,2002 - 3 p.m. Carlsbad City Library Volunteer Holiday Open House Cole Library 1250 Carlsbad Village Drive, Carlsbad, California Sunday, December 15,2002 - 6 p.m. Carlsbad Police Officers Association Holiday Event Grand Pacific Palisades Resort 5805 Armada Drive, Carlsbad, California Monday, December 16,2002 - 5:30 p.m. Parks and Recreation Commission Holiday Dinner Carlsbad Senior Center 799 Pine Avenue, Carlsbad, California Tuesday, December 17,2992 - 8 a.m. Carlsbad Village Business Association Holiday Event Neimans Restaurant 300 Carlsbad Village Drive, Carlsbad, California CITY MANAGER COMMENTS: City Manager Ray Patchett congratulated the newly elected members. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of December IO, 2002, was adjourned at 7:03 p.m. Isabelle Paulsen Deputy Clerk