HomeMy WebLinkAbout2003-04-01; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING:
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
APRIL 1, 2003
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:
Absent : None.
Lewis, Finnila, Kulchin, Hall and Packard.
LEG IS LATlVE INVOCATION :
Mayor Lewis offered the invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Finnila led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were
unanimously ap roved as presented (Finnila, Packard and Hall abstained from approval
of the March 20 minutes due to their absence at that meeting): R
Minutes of the Special Meetings held March 17, 18, and 19, 2003.
Minutes of the Special Meeting held March 20, 2003.
PRESENTATION:
Pat Kelley, Principal Building Inspector, read and presented a proclamation to Council
declaring the week of April 6-1 2, 2003 “Building Safety Week”. Jessica Engleman,
Building Inspection Intern, displayed the educational materials that would be available
at the libraries and other city facilities.
CONSENT CALENDAR:
Item No. 3 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #I and #2, as follows:
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
WAIVER OF ORDINANCE TEXT READING:
April 1,2003 Carlsbad City Council Meeting Page 2
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #17,117 - SETTLEMENT OF PROPERTY CLAIM - STATE FARM.
Council adopted RESOLUTION NO. 2003-082, authorizing the expenditure of
funds for settlement of the State Farm Claim.
2. AB #17,118 -APPROVAL OF PURCHASE OF FORD RANGER PICKUP
TRUCKS.
Council adopted RESOLUTION NO. 2003-083, authorizing the purchase of
seven (7) Ford Ranger pickup trucks.
DISCUSSION OF CONSENT CALENDAR ITEM:
3. AB #17,124 - DENIAL OF TENTATIVE TRACT MAP, CONDOMINIUM PERMIT,
SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT -VILLA
FRANCESCA - CT 02-01/CP 02-05/SDP 02-04/CDP 02-15.
Council Member Kulchin said she would abstain from the vote on this item due to her
absence on March 25, 2003, when this item was originally presented to Council.
Mayor Pro Tem Finnila spoke in support of the project and asked Council to support the
project. No other comments were offered.
ACTION: On a motion by Council Member Hall, Council adopted
RESOLUTION NO. 2003-090, denying the Tentative Tract Map,
Condominium Permit, Site Development Plan and Coastal
Development Permit for a 51 -Unit Air-Space Senior Condominium
Project on a .84 Acre Lot on Property Generally Located on the
East Side of Jefferson Street, North of Laguna Drive in Local
Facilities Management Zone 1.
AYES: Lewis, Hall and Packard.
NOES: Finnila.
ABSTAIN: Kulchin.
PUBLIC COMMENTS:
Michele Levy, 3021 Highland Avenue, expressed concern that vehicles are parking in
the Cole Library Parking Lot for longer than 72 hours.
In response to Council, Ray Patchett, City Manager, said that several staff members
have responded verbally to Ms. Levy regarding her concerns.
April 1,2003 Carlsbad City Council Meeting Page 3
PUBLIC HEARINGS
4. AB #17,114 - REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS.
Frank Boensch, Management Analyst and Debbie Fountain, Housing/Redevelopment
Director, presented the staff report. In response to Council, Mr. Boensch explained that
the reallocated funds must be used for facility improvements or facility acquisition that
would benefit public facility projects. He said the total amount of funds available for
reallocation is $776,177.00.
Mayor Lewis opened the duly noticed public hearing at 6:20 p.m. and asked if anyone
wished to speak on this matter in any way.
Donna Montegna, Executive Director, Community Resource Center, 650 Second
Street, Encinitas, spoke in support of funding for the Community Resource Center. She
said her agency would like to use the funds to purchase property on the corner of
Roosevelt and Oak and relocate their Administrative Office and Thrift Store Operations.
Molly Henry, Executive Director, Fraternity House, requested that funds be awarded to
the Fraternity House so that their flooring could be replaced.
Frank Sorino, President of Join Hands-Save a Life, asked that the funds originally
allocated to his agency, not be reallocated to another agency. He said that his agency
could spend the funds on time and begin construction tomorrow. In response to
Council, Mr. Sorino reviewed his agency’s fund raising efforts.
Joe Melody, Construction Engineer for the Join Hands-Save a Life project, said that the
project has gone out for bid and Bycor Contractor was the lowest responsive bidder.
Mr. Melody discussed Bycor’s bid and construction costs.
Glen Evans, Bycor General Contractor, said that they have provided Mr. Sorino with a
preliminary construction budget. He spoke in support of funding for Join Hands-Save a
Life. Mr. Evans said that all costs in their low bid include prevailing wages.
Karen Naemy, Bycor General Contractor, described their work experience.
Martha Edwards, 1366 Pine Avenue, Board Member of the Friends of the Carlsbad
Library, spoke in support of allocating funding to The Centro de lnformacion for a
permanent facility.
Mayor Lewis noted that the Council had not yet determined the types of services that
The Centro de lnformacion would provide.
In response to Mayor Lewis, Ms. Edwards said that she feels that The Centro de
lnformacion is a library resource.
Mayor Lewis asked that the Library staff make a presentation to Council explaining their
interpretation of what The Centro de lnformacion should be. Mayor Lewis said he has
been told that The Centro de lnformacion is a “newcomer center”.
April 1,2003 Carlsbad City Council Meeting Page 4
Nicole Pappas, 2689 Garfield Avenue, spoke of the importance of leveraging the
reallocated funds to the Community Resource Center and The Centro de lnformacion.
Jackie Stone, 2068 Avenue of the Trees, said she is a volunteer at the Community
Resource Center. She spoke in support of reallocating funds to the Community
Resource Center.
Ruth Lewis, 2001 Avenue of the Trees, spoke in support of reallocating funds to the
Community Resource Center. She invited everyone to attend the Community Resource
Center’s fundraiser on May 31 , 2003 at 2:OO p.m., at St. Michaels By The Sea Church.
Ofie Escobedo, 161 1 James Drive, spoke in support of reallocating funds to The Centro
de Informacion.
Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing
at 654 p.m.
In response to Council, Ms. Fountain presented a brief history of funding for Join
Hands-Save a Life. She explained that staff has requested a document from Join
Hands-Save a Life stating that they will be able to meet the matching funds
requirement. However, as of today, the document has not been submitted. Ms.
Fountain explained that per Council’s policy, the requirement for matching funds has
not been waived for other agencies.
Ms. Fountain explained that the other reason staff is recommending reallocation of Join
Hands-Save a Life funds is because of the agency’s inability to submit a Five-Year
Operating Budget, per the CDBG Advisory Committee and the City Council’s request.
Ms. Fountain also said that Join Hands-Save a Life has indicated their ability to obtain a
loan to fulfill the matching funds requirement. However, the agency is unable to
illustrate how the loan will be repaid.
Council discussion ensued regarding various funding scenarios to Community
Resource Center and The Centro de Informacion. Council concurred that the matching
funds requirement should not be removed.
ACTION: On a motion by Council Member Packard, that the $776,177 in
CDBG allocations be earmarked for The Centro de Informacion.
Council Member Kulchin said she could support the motion and requested that the
definition of The Centro de lnformacion be discussed at the next Council Workshop.
Council Member Hall said he could not support the motion because there are several
agencies that have a need for the reallocated funds. He said that the CDBG Advisory
Committee should be asked to prepare a recommendation for the funds.
Mayor Lewis said he could not support the motion. He said that the Community
Resource Center should be funded first because the agency addresses the need of a
larger group of people. Mayor Lewis said that the Community Resource Center should
be funded and then the needs of The Centro de lnformacion could be addressed.
April 1,2003 Carlsbad City Council Meeting Page 5
AYES: Finnila, Kulchin and Packard.
NOES: Lewis and Hall.
Mayor Pro Tem Finnila said it would be helpful if the Library staff could act as a bridge
to The Centro de Informacion.
RECESS:
Mayor Lewis declared a recess at 7:20 p.m. Council reconvened at 7:26 p.m. with all
members present.
4. AB #17,114 - REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS. (CONTINUED)
Ray Patchett, City Manager, requested clarification regarding Council’s intention of the
motion.
Mayor Pro Tem Finnila said she would like to determine if there were synergies in the
services provided by the Community Resource Center and The Centro de Informacion.
Mr. Patchett said that the next Council Workshop would be held on April 16, 2003 and
The Centro de lnformacion could be discussed at that time.
Council Member Hall expressed concern regarding CDBG timing constraints of the
reallocated funds. Ms. Fountain explained that the reallocated funds must be spent by
April I, 2004.
Mr. Patchett recommended that if the funds were to be earmarked for The Centro de
Informacion, then staff would return to Council in the future with a recommendation for
acquiring a building for their headquarters.
Council Member Hall expressed concern that tonight Council has decided to make The
Centro de lnformacion a “goal”. Council Member Hall questioned whether that is where
Council would like staff to focus their energies. Council Member Hall noted that the
funds must be spent in one year and a permanent location for The Centro de
lnformacion has not been identified.
Discussion ensued between Council and staff regarding a community center concept
where the Community Resource Center and The Centro de lnformacion would offer
services that would not be duplicated. Council Member Kulchin said she did not want
staff to prepare a study. She requested that Council discuss the concept at the next
Council Study Session.
ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CITY COUNCIL AND ~~ ~ MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Municipal
Water District Meeting at 7:35 p.m. with all members present.
April 1,2003 Carlsbad City Council Meeting Page 6
ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER
DISTRICT MEETING
MayodPresident Lewis adjourned to the Special Meeting of the Municipal Water District
Meeting at 7:36 p.m. with all members present.
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND
REDEVELOPMENT COMMISSION MEETING
President Lewis adjourned to the Special Meeting of the Housing and Redevelopment
Commission Meeting at 7:37 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
Chair Lewis adjourned to the remainder of the City Council Meeting at 756 p.m. with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
6. AB #17.120 - COMMUNITY FOREST MANAGEMENT PLAN.
Doug Duncanson, Public Works ManagerIGeneral Services, presented the staff report.
Scott Carroll, Management Analyst, presented a brief history of the development of the
Community Forest Management Plan. He also made a Power Point Presentation (on
file in the City Clerk’s Office).
Mike Huff, Certified Arborist and Forester, reviewed the details of the Community Forest
Management Plan.
Mr. Duncanson said that the City of Carlsbad was recently recognized as a “Tree City
U.S.A.” and he described this recognition. He noted that the Carlsbad Rotary Club has
recently begun planting in Hosp Grove. Mr. Duncanson described the different tree
species that will be planted in Hosp Grove.
Council Member Packard said he would like to have the trees in City parks included in
the Community Forest Management Plan. Council Member Packard also requested the
opportunity to serve on the Tree Selection Committee.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-085, approving the Community Forest
Management Plan.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
April 1,2003 Carlsbad City Council Meeting Page 7
7. AB #17,121- NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY FOR
FIRE DISPATCHING SERVICES.
Fire Chief Kevin Crawford presented the staff report. He noted that within the next few
months, staff would return to Council with a request to approve upgrades to the Fire
Station Alarm System.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-086, approving the Joint Exercise of
Powers Agreement Between the North County Dispatch Joint
Powers Authority and the City of Carlsbad for Fire Dispatching
Services; and,
Council adopted RESOLUTION NO. 2003-087, appointing Council
Member Packard to serve on the North County Dispatch Joint
Powers Authority; and,
Council adopted RESOLUTION NO. 2003-088, allocating $98,700
from the City Council’s Contingency Fund to the Fire Department’s
Budget for Network Upgrades and Associated Costs Related to
Joining the North County Dispatch Joint Powers Authority.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
8. AB #17,104 - REQUEST TO GIVE A PRESENTATION REGARDING THE PAL
SHUTTLE SERVICE.
Michael Farrar, President, Palomar Limousine Service, 300 Carlsbad Village Drive,
Suite 108A-156, spoke in support of his request for $23,040 to help pay for the summer
service in Carlsbad.
No Council comments were offered and no action was taken.
9. AB #17,122 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH
THE CITY OF CARLSBAD WEED ABATEMENT PROGRAM.
Kelly Collier, from Fire Prevention, presented the staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUITON NO. 2003-089, Declaring as Public Nuisances,
Weeds, Rubbish, and Refuse Upon Private Property in the City of
Carlsbad and Setting a Public Hearing for April 15, 2003 To
Consider Objections of Property Owners.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
April 1,2003 Carlsbad City Council Meeting Page 8 - IO. AB ~7,123 - PALOMAR FORUM - FINANCIAL GUARANTEE FOR
FARADAY/M E LROSE FINANCE D I STRl CT.
Glenn Pruim, City Engineer, presented the staff report. He said that if Council
determines that the developer's proposal is acceptable, staff would process the
necessary paperwork and return to Council for consideration. Mr. Pruim said the
paperwork may include amending the tentative map conditions, which could take up to
six months, and may involve the same public input process that was involved in the
original tentative map approval.
Mr. Pruim said that if Council does not accept the proposal, the developer could
propose an additional alternative guarantee or wait for the Community Finance District
(CFD) to form in the conventional manner.
In response to Council, Mr. Pruim explained that one of the issues delaying the
formation of the CFD is the acquisition of right-of-way. The Carlsbad Oaks North
Project developer is reluctant to dedicate those rights-of-way, because he is waiting for
issuance of environmental permits. Mr. Pruim said that it is anticipated that on May 7'h
the Fish & Wildlife Service will state whether they find the project acceptable. If proper
environmental permits were issued after May 7'h, Mr. Pruim said that a CFD could be
formed by the beginning of 2004.
In response to Council, Mr. Pruim said stated that if Melrose Drive is not connected to
the City of Vista, potential traffic increases in the area would lead to traffic failure at
Palomar Airport Road and El Camino Real. If that were the case, Mr. Pruim said that
the City could invoke the growth management objectives and stop development in that
area or require the developers in that area to participate in the construction of Faraday
Avenue and Melrose Drive.
Council Member Kulchin asked about the process leading to CFD formation. Mr. Pruim
explained that Fish & Wildlife has 135 days to issue a response to the permit requested
by the Carlsbad Oaks North Project. The 135 days will expire on May 7'h. Mr. Pruim
noted that it is typical that resource agencies request extensions and additional
information, which can cause additional delays.
Lisa Hildabrand, Finance Director, described the timing of the formation of the CFD.
In response to Council, Ron Ball, City Attorney, said that the Palomar Forum developer
is proposing to sign a covenant not to oppose the formation of the CFD. Mr. Ball
explained that two-thirds of the landowners must vote in favor of the CFD in order to
form the district.
In response to Council, Ms. Hildabrand said that discussions have been held with the
Palomar Forum developer to increase his letter of credit for the value of the right-of-
way. However, the developer indicated that there are financial constraints. Ms.
Hildabrand said there was a situation in the past where condemnation of right-of-way
was more costly than anticipated and the city had to pick up the extra costs.
Bill Hofman, Hofman Planning Services, 5900 Pasteur Court, Suite 150, said he was
representing Davis Partners, owner of the Forum Property. Mr. Hofman reviewed a
April 1,2003 Carlsbad City Council Meeting Page 9
Power Point Presentation (on file in the City Clerk’s Office) and requested that Council
approve the proposed financial guarantee, which would allow the first phase of the
project to proceed.
Larry Nelson, representing Davis Partners, spoke in support of the proposed financial
guarantee for Faraday Avenue and Melrose.
In response to Council, Lloyd Hubbs, Director of Public Works, said Council previously
approved entering into prepayment agreements for Rancho Santa Fe Road, similar to
the Davis Partners is proposal. Mr. Hubbs said that the small developers had indicated
that they would not oppose the formation of a CFD. The small developers on the
Rancho Santa Fe Road project were required to pay all of the CFD tax when the final
map recorded. Therefore, they discharged their entire obligation up front. Mr. Hubbs
said that a question was raised relative to right-of-way dedication and five of the
developers proceeded in advance of the actual dedication by Morrow Development
Company as part of the recordation of the Arroyo La Costa Project. Mr. Hubbs noted
that there are many factual differences between what occurred on Rancho Santa Fe
Road and the situation the Melrose extensions. Mr. Hubbs said it is important to note
that all of the developers involved in the Rancho Santa Fe Road project had projects
approved prior to growth management. He discussed the other differences between
the two projects.
Mr. Hubbs also explained Council’s policy regarding the dedication of right-of-ways prior
to the formation of a CFD.
In response to Council, Mr. Hubbs explained that since the proposed phasing program
was not included in the conditions of approval for The Forum project, staff is
recommending that an amendment to the map occur to make it strictly in conformance
with the conditions of approval. He explained that the timing of the construction of
Melrose is a critical issue.
Mayor Lewis said that if Council approves the financial guarantee as proposed, the map
for The Forum project should be amended to avoid potential litigation.
Mr. Hubbs said that the Carlsbad Oaks North project has been approved by Council.
He said that the developer has submitted their permit applications, which are currently
under review by the Fish & Wildlife Service. Mr. Hubbs said that there is a condition on
the map stating that the Carlsbad Oaks North developer will enter into an agreement
with the City of Carlsbad to dedicate the right-of-way within 60 days of receiving
environmental permits. Mr. Hubbs said that the developer could be required to dedicate
the right-of-way in advance of their final map, under the conditions of approval. The
dedication would allow the CFD formation to move forward.
Council Member Hall said he would like to move forward with the construction of
Melrose/Faraday Avenue. He expressed concern that the developers could enter into
bankruptcy and the two-thirds vote needed to create the CFD might not be obtained.
Council Member Packard concurred with moving forward with the construction of
Melrose/Faraday Avenue. He spoke in supporting the Palomar Forum developer’s
proposal.
April 1,2003 Carlsbad City Council Meeting Page 10
Council Member Kulchin said she could not support the developer’s proposal because
of the many unknown factors involved in the issues.
Mayor Pro Tem Finnila spoke of the importance of linking Faraday Avenue with
Melrose. She spoke in support of the developer’s proposal with the caveat that the
map be amended, per staff’s recommendation.
Mayor Lewis said he could not support the developer’s proposal and expressed
concern for potential litigation from the City of Vista.
In response to Council, Ron Ball, City Attorney, said in order to proceed with the
developer’s proposal, staff would need to return to Council with the appropriate
documents. He said Council Policy 33 would need to be amended.
Council Member Packard expressed concern that amending the map would have the
same result as denying the developer’s request, due to timing constraints.
Mr. Ball explained that in order to amend the tentative map, the public hearing process
must be followed.
ACTION: On a motion by Mayor Pro Tem Finnila, Council directed staff to
return with documentation implementing the phasing of Melrose
and an amendment of the Palomar Forum Tentative Map.
Mr. Hofman said that the proposed motion would not be of any benefit to the developer.
He explained that the Davis Partners, owner of the Palomar Forum property, would like
to begin grading and installing infrastructure right away and not wait for the public
hearing process required for the map amendment. He noted that the amendment
would only be addressing the phasing of Melrose.
In response to Council Member Packard, Mr. Ball read the condition on the map
regarding the construction of Melrose and noted that phasing the construction of
Melrose is not contemplated in the condition.
In response to Mayor Lewis, Mr. Ball said that staff would need to review the grading
ordinance in order to determine if advanced grading could be done on the Palomar
Forum property.
Mayor Pro Tem Finnila asked how much time would be required to make such a
determination.
Mr. Patchett recommended that staff return to Council with a report.
Mayor Pro Tem Finnila withdrew her motion.
April 1, 2003 Carlsbad City Council Meeting Page 11
ACTION: On a motion by Mayor Pro Tem Finnila, Council continued this
agenda item and directed staff to meet with the developer of the
Palomar Forum property to discuss the timing of grading and
installing infrastructure on the project; and, directed staff return to
Council with a report.
- AYES: - NOES: Lewis and Kulchin.
Finnila, Hall and Packard.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of April 1 , 2003, was adjourned at 954 p.m.
I E M. WOOD, CMC
City Cldk
Janice Breitenfeld, CMC
Deputy City Clerk