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HomeMy WebLinkAbout2003-11-18; City Council; Minutes (2)MINUTES MEETING OF : DATE OF MEETING: November 18,2003 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Regular 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: Absent: None. Lewis, Finnila, Kulchin, Hall and Packard. LEGISLATIVE INVOCATION: Reverend Tony Bonacorso offered the invocation. PLEDGE OF ALLEGIANCE: Council Member Hall led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were unanimously approved as presented (Mayor Pro Tem Finnila and Council Member Kulchin abstained from approval of the September 23rd minutes due to their absence): Minutes of the Special Meeting held September 23, 2003. Minutes of the Regular Meeting held September 23, 2003. Minutes of the Joint special Meeting held September 23, 2003. Minutes of the Special Meeting held October 28, 2003. Minutes of the Regular Meeting held October 28, 2003. Minutes of the Special Meeting held November 3, 2003. Minutes of the Regular Meeting held November 4, 2003. Minutes of the Joint Special Meeting held November 4, 2003. PRESENTATION: Mayor Pro Tem Finnila introduced Daisy Girl Scout Troop Leader Jill McGonagle who led the pinning ceremony and introduced Daisy Troop No. 1149. November 18,2003 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: Item No. 2 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #4, with the exception of #2, as follows: AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #17.372 -AWARD OF CONTRACT FOR THE AVENIDA ENCINAS SEWER REHABILITATION. Council adopted RESOLUTION NO. 2003-296, accepting bids and awarding the contract for the rehabilitation of the Avenida Encinas Sewer to Zondiros Corporation. 2. AB #17,373 -ACCEPTANCE OF DONATION. This item was pulled for discussion. 3. AB #17,374 - USED OIL BLOCK GRANT PROGRAM. Council adopted RESOLUTION NO. 2003-298, appropriating Used Oil Block Grant Program Funds from the California Integrated Waste Management Board (CIWMB) to the Solid Waste Fund. 4. AB #17,381- REQUEST FOR PUBLIC HEARING FOR LAW ENFORCEMENT BLOCK GRANT FUNDING. Council adopted RESOLUTION NO. 2003-304, setting a public hearing on December 2,2003, regarding the proposed use of Department of Justice Local Law Enforcement Block Grant funds to support various police department functions. DISCUSSION OF CONSENT CALENDAR ITEM: 2. AB #17,373 -ACCEPTANCE OF DONATION. Mayor Pro Tem Finnila expressed appreciation to Bricoleur Capital Management for their donation of $5,000.00 for Fire Department Emergency Operations. November 18,2003 Carlsbad City Council Meeting Page 3 ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-297 accepting a gift of money for the Fire Department Emergency Operations. AYES: - NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. INTRODUCTION OF ORDINANCE: 5. AB #17,376 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE REGARDING THE PROCEDURES FOR DEBARMENT OF CONTRACTORS. Jane Mobaldi, Assistant City Attorney, reviewed the staff report. Toby Roy, Legal Intern, explained the provisions of the proposed ordinance. In response to Council, Ms. Mobaldi said that staff would review the names of each company’s corporate officers to ensure that debarred persons do not start a new company and attempt to do business with the City. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-681, amending Title 3, Chapter 3.32 of the Carlsbad Municipal Code by the addition and revision of various sections to include and update provisions for temporary debarment, permanent debarment, procedures for disqualification and notice; and, Council adopted RESOLUTION NO. 2003-299, revising the fee for an appeal of contractor disqualification. - AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. ORDINANCE FOR ADOPTION: 6. AB #17,375 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE ESTABLISHING A PRIMA FACIE SPEED LIMIT UPON A PORTION OF CARLSBAD VILLAGE DRIVE. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-680, amending Title IO, Chapter 10.44 of the Carlsbad Municipal Code by amending Section 10.44.080 establishing a Prima Facie 40 mile per hour speed limit upon Carlsbad Village Drive From Highland Drive to its intersection with College Boulevard. - AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. November 18,2003 Carlsbad City Council Meeting PUBLIC COMMENT: Page 4 Bud Green, 2965 Lancaster Road, expressed concern that construction activity near The Cape at Calavera Hills is occurring too early and too late in the day. He also expressed concern that the previous dynamite blasts were well over the normal intensity for residential development. Mr. Green said he felt that the developer is not properly managing the project. Council referred Mr. Green to staff. Ted Wheeler, 4653 Woodstock Street, spoke of the need for housing for migrant farm workers . In response to Council, Ray Patchett, City Manager, said that this issue has been scheduled for the December 2, 2003 Council Meeting. PUBLIC HEARINGS: 7. AB #17,377 - STREET LIGHTING AND LANDSCAPE DISTRICT NO. 2. Ray Patchett, City Manager, cited a conflict of interest, and left the meeting at 6:30 p.m. Frank Mannen, Assistant City Manager, introduced Kevin Branca and Joan Cox. Kevin Branca, Assistant Finance Director, presented the staff report and reviewed a Power Point presentation (on file in the City Clerk’s Office). He described the public hearing procedure, assessment ballot procedure and assessment ballot tabulation. Mr. Branca said that noticing requirements were completed in accordance with the law. Joan Cox, Harrris & Associates, 34 Executive Park, Suite 150, Irvine, California 92614, the Assessment Engineer, presented and summarized the Assessment Engineer’s Report. She explained the method and formula of the assessment spread. Mayor Lewis opened the duly noticed public hearing at 6:45 p.m. and asked if anyone wished to speak on this item in any way. No one asked to address Council. Mayor Lewis announced that if anyone has an assessment ballot to turn in, to please do so now. No one brought forth any assessment ballots. Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing at 6:45 p.m. Mayor Lewis asked the Deputy City Clerk to tabulate the assessment ballots and, upon completion of the tabulation, report the results to the City Council. RECESS Mayor Lewis declared a recess at 6:45 p.m. Council reconvened at 654 p.m. with all Council Members present. November 18,2003 Carlsbad City Council Meeting Page 5 PUBLIC HEARINGS: 7. AB #17,377 - STREET L HTING AND LANDSCAPE D CT 0. (continued 1 Janice Breitenfeld, Deputy City Clerk, announced that the tabulation of the assessment ballots has been completed. She said there was $236,161.05 in assessments (100%) in support of the levy of the assessments and zero in assessments (0%) in opposition to the levy of assessments. Mrs. Breitenfeld announced that since the amount of assessments in support of the levy of the assessments exceeds the amount of assessments in opposition to the levy of the assessments, there is no majority protest. Mayor Lewis said that since there is no majority protest, it would appropriate to adopt Resolution No. 2003-300. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-300, declaring the results of the Assessment Ballot Tabulation, Forming Street Lighting and Landscaping District No. 2, Ordering Maintenance Work Therein and Confirming the Diagram and Assessment. AYES: - NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. Ray Patchett, City Manager, returned to the dais at 655 p.m. ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CITY CO MUNICIPAL WATER DISTRICT JNClL AND Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Municipal Water District Meeting at 655 p.m. with all members present. RECONVENE CITY COUNCIL MEETING PresidenVMayor Lewis adjourned to the remainder of the City Council Meeting at 7:39 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB # 17,379 - PRESENTATION BY LA COSTA KNOLLS NEIGHBORHOOD. Bob Simek, 3555 Sitio Baya; Bob Wells, 3556 Sitio Baya; and, Bob McAmis, 3552 Sitio Baya, made a Power Point presentation (not on file in the City Clerk’s Office) and requested that the City build a solid wall westerly from the new recreational center along the south side of La Costa Avenue. They explained that a wall is needed to provide November 18,2003 Carlsbad City Council Meeting Page 6 privacy, serve as a noise buffer and to prevent vehicle headlights from shining into the homes of the existing residents. Fred Arbuckle, President of Morrow Development, described the efforts made to address the residents’ concerns and said that his company has planted extra vegetation to mitigate the vehicle headlights impact. He said that his company would monitor the vegetation over the next year to ensure that the vegetation is properly maintained. In response to Council, Mr. Arbuckle said that the tentative parcel map and the final map of his project have not changed. He estimated that construction on the homes in the cul-de-sac would begin in December 2004. Ron Rouse, 1 1988 El Camino Real, #200, San Diego, CA 921 30, legal representative for Morrow Development, said that the noise issue was reevaluated and the distance from La Costa Avenue was well outside of the City’s noise contour levels. He noted that staff has repeatedly reviewed impacts to the neighborhood. Mayor Lewis said that vegetation is needed to reduce the sight and noise impacts of the La Costa Knolls Neighborhood. Mayor Lewis suggested that the developer install a temporary fence until the vegetation matures. Mayor Pro Tem Finnila noted that there is quite a distance from La Costa Avenue to the backyards of the La Costa Knolls Neighborhood and said that the noise impact has been adequately addressed. She said that the developer recently planted fast growing vegetation to mitigate the vehicles headlights impact, which will resolve the neighbors’ concerns. Mayor Pro Tem Finnila said she could not support the construction of the requested wall. Council Member Hall concurred and said that other walls in the City are built very close to the homes when the roadways are immediately next to backyards. Council Member Hall said that the noise impact to the La Costa Knolls Neighborhood is negligible and that a wall, as requested by the La Costa Knolls Neighborhood in inappropriate. Mayor Lewis said he hoped that a temporary fence would be installed to obscure headlights until the landscaping fills in, if the landscaping is not filled in to the satisfaction of the Planning Director by the time of occupancy of the new homes. Council Member Packard and Council Member Kulchin concurred with the Mayor’s corn men ts . Mayor Pro Tern Finnila and Council Member Hall said it was inappropriate to install temporary fencing, as it was not justified under these circumstances and would be inconsistent with treatment of similar situation at other intersections in the City. Mr. Wells asked if the noise study contemplated the open space between the homes and road. He was referred to staff. Following discussion, the matter was referred to the Planning Director for further analysis of landscaping and other alternatives. November 18,2003 Carlsbad City Council Meeting Page 7 10.AB #17,380 - DESIGN AND REVIEW BOARD APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2003-303, reappointing Julie Baker to the Design and Review Board. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. COUNCIL REPORTS AND COMMENTS: Council Members provided updates regarding their various committees. ANNOUNCEMENTS: Janice Breitenfeld, Deputy City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, November 19,2003 - 9 a.m. City Council Study Session 58 15 El Camino Real Carlsbad, California CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of November 18, 2003 was adjourned at 8:24 p.m. WNICE BREITENFELD, CMC Deputy City Clerk