HomeMy WebLinkAbout2004-01-20; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: JANUARY 20,2004
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 City Clerk, as follows:
Present:
Absent: None.
Lewis, Finnila, Kulchin, Hall and Packard
LEGISLATIVE INVOCATION :
Mayor Lewis offered the invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
CONSENT CALENDAR:
Item Nos. 1, 2, 6 and 8 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #3 through #5 and #7, 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 #17.465 -ACCEPTANCE OF DONATION.
This item was pulled for discussion.
2. AB #17,466 -ACCEPTANCE OF DONATIONS.
This item was pulled for discussion.
3. AB #I 7,467 - CITY INVESTMENT POLICY.
Council adopted RESOLUTION NO. 2004-020, adopting a revised City
investment policy dated January 20, 2004.
January 20,2004 Carlsbad City Council Meeting Page 2
4. AB #17,468 -CANNON ROAD LIFT STATION - PROJECT NO. 3583.
Council adopted RESOLUTION NO. 2004-021 , accepting bids and awarding a
contract to T. C. Construction Company, Inc. for the construction of the Cannon
Road Lift Station; and,
Council adopted RESOLUTION NO. 2004-022, accepting bids and awarding a
contract to Camp Dresser and McKee Inc. to provide construction phase
engineering services for the Cannon Road Lift Station.
5. AB #17,469 - COMMUNITY ACTIVITY GRANTS PROGRAM.
Council adopted RESOLUTION NO. 2004-023, amending Council Policy No. 51
regarding the process for funding Community Activities.
6. AB #17,477 - JEFFERSON STREET SIDEWALK PROJECT - PROJECT NO.
388313560.
This item was pulled for discussion.
7. AB #17,470 - FARBER JEFFERSON STREET CONDOMINIUMS - SDP 02-14.
Council adopted RESOLUTION NO. 2004-024, approving an Affordable Housing
Agreement and related loan documents with Farber Family Limited Trust to allow
two off-site existing housing units to be made affordable to satisfy the
lnclusionary Housing requirement for the Farber Jefferson Street Condominiums,
located at I1 00 Las Flores Drive.
8. AB #17,471 - POWER AND DESALINATION PLANTS PROJECT - EIR 03-05.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEMS:
1. AB #I 7,465 - ACCEPTANCE OF DONATION.
Council Member Kulchin spoke in appreciation of the donation from the San Diego
Foundation’s Dr. Seuss Fund.
Denise Vedder, Communications Manager, gave a brief background on how this
donation was received.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2004-018, accepting a donation of $5000 from
San Diego Foundation’s Dr. Seuss Fund in support of the Citystuff
Program.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
January 20,2004
2. AB #17,466 -ACCEPTANCE OF DONATIONS.
Carlsbad City Council Meeting Page 3
Council Member Kulchin spoke in appreciation of the donations received from Puma
North America, Hoehn Honda, and Toyota/Lexus Carlsbad in support of the City’s
Youth Sports programs.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2004-019, accepting a donation of jerseys and
soccer balls from Puma North America, and accepting donations of
$500 from Hoehn Honda and $500 fromToyota/Lexus Carlsbad for
youth sports programs.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
6. AB #17,477 -JEFFERSON STREET SIDEWALK PROJECT - PROJECT NO.
3883/3 56 0.
Doug Duncanson, Deputy Public Works Director, came forward to address Council
questions and to explain the need to remove the diseased Canary Island Palms in the
project area.
Mayor Lewis asked whether Mrs. Levy had been notified regarding the removal of the
Canary Island Palm Trees.
Mr. Duncanson stated that Mrs. Levy had not been notified yet, but that she would be
notified as requested by Mayor Lewis.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-028, approving plans and specifications,
and authorizing the City Clerk to advertise for bids for the Jefferson
Street Sidewalk Project.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
8. AB #17,471 - POWER AND DESALINATION PLANTS PROJECT - EIR 03-05.
Gary Hill of 3289 Donna Drive spoke in support of the project.
Applicant Peter MacLaggan of Poseidon Resources, 501 West Broadway, Suite #840,
San Diego spoke in support of the staff recommendation.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-025, approving a consulting agreement
with Dudek and Associates, Inc. for the preparation of an
Environmental Impact Report for the power and desalination plants
project, and an agreement with Poseidon Resources (Channelside)
LLC for payment for the preparation of the report.
January 20,2004 Carlsbad City Council Meeting Page 4
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
INTRODUCTION OF ORDINANCE:
9. AB #17,472 - CITY COUNCIL COMPENSATION.
City Attorney, Ron Ball presented staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-689, amending Title 2, Chapter 2.04 of the
Carlsbad Municipal Code by the amendment of Section 2.04.010 to
increase the compensation of the Mayor and Members of the City
Council.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
ORDINANCE FOR ADOPTION:
IO. AB #17,473 -AMENDMENT OF SOUTH CARLSBAD COASTAL
REDEVELOPMENT PLAN.
Council Member Hall did not participate in the vote of this item due to a potential conflict
of interest.
City Attorney, Ron Ball presented staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-688, amending the South Carlsbad Coastal
Redevelopment Plan to extend certain time limits.
AYES:
NOES: None.
ABSENT: Hall
Lewis, Finnila, Kulchin and Packard
PUBLIC COMMENTS: None.
PUBLIC HEARINGS:
11. AB #17,474 - URGENCY ORDINANCE - WIRELESS COMMUNICATION
FAC I LIT1 ES .
Gary Barberio, Principal Planner presented staff report.
January 20,2004 Carlsbad City Council Meeting Page 5
Ron Ball, City Attorney stated that this is a temporary ordinance which affects only the
issuance of permits for placement of facilities in the public right-of-way. He added that
the moratorium is for a limited time, until the completion of the consultant study and
review by staff.
Council Member Packard inquired about the status of the report at this time.
Gary Barberio, Principal Planner, stated that work on the study had just begun,
however, he hopes to return with the report well before the end of the 10 month, 15 day
extension.
Mayor Lewis opened the duly noticed public hearing at 6:18 p.m. and asked if anyone
would like to speak.
Daniel Pascucci of Fish & Richardson P.C., 12390 El Camino Real, San Diego, CA
921 30 came forward representing Sprint PCS. He referenced his letter, dated January
14, 2004, (copy on file in the City Clerk’s Office) requesting that the Council not extend
the Urgency Ordinance, and explaining the reasons for the request.
Council Member Packard asked Mr. Pacucci, regarding his experience with previous
cases, how the court allows Cities, when they do not have Ordinances addressing the
right-of-away, to properly draft their guidelines.
Mr. Pascucci stated that in 1996, when Cities did not have those Ordinances, the Court
allowed time to formulate the Ordinances. Mr. Pascucci also stated that the City of
Carlsbad has Ordinance provisions to address sighting of telecommunications facilities,
which do not specifically address, but do not exclude the right-of-way.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 6:23 p.m.
Ron Ball, City Attorney stated that this Ordinance reflects the City’s response to new
technology and applications, which was not envisioned in 1996.
Mayor Pro Tem Finnila spoke in support of the extension of time in order to complete
the study.
Ron Ball, City Attorney stated that at least four affirmative votes would be needed in
order to adopt the urgency ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced and
adopted URGENCY ORDINANCE NO. NS-690, prohibiting the
issuance of permits for the placement of wireless communication
facilities in the public right-of-way for an additional ten months and
fifteen days.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
January 20,2004 Carlsbad City Council Meeting Page 6 12.AB #17,360 - TWIN D RECYCLED WATER PUMP STATION - ZC 03-07/LCPA 03- - 08.
Eric Munoz, Senior Planner presented staff report.
Mayor Lewis opened the duly noticed public hearing at 628 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
628 pm.
ACTION:
AYES:
NOES:
On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-678, amending the Zoning Map to grant a
Zone Change from Limited Control (L-C) to single-family residential
(R-I); and,
Council adopted RESOLUTION NO. 2004-026, approving a
Negative Declaration, and Zone Change (ZC 03-07) and Local
Coastal Program Amendment (LCPA 03-08) to rezone a 4.4 acre
property from L-C to R-I on property generally located east of
Black Rail Road, South of Poinsettia Lane in the City Coastal Zone,
in Local Facilities Management Zone 20.
Lewis, Finnila, Kulchin, Hall and Packard
None.
13.AB #17,475 - CANNON LIFT ZONE CHANGE - ZC 03-02/LCPA 03-04.
Elaine Blackburn, Senior Planner presented staff report and reviewed a Power Point
Presentation (on file in the City Clerk’s Office).
Mayor Lewis opened the duly noticed public hearing at 6:33 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
6:33 p.m.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-691, amending the zoning map to grant a
Zone Change (ZC 03-02) from R-3-Q to 0-S; and,
Council adopted RESOLUTION NO. 2004-027, adopting a
Negative Declaration, and approving Local Coastal Program
Amendment (LCPA 03-04), to rezone a I .6 acre property generally
located on the southeast side of Cannon Road, west of El Camino
Real, in Local Facilities Management Zone 8.
Lewis, Finnila, Kulchin, Hall and Packard
None.
January 20,2004 Carlsbad City Council Meeting Page 7
ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER
DISTRICT MEETING
Mayor Lewis adjourned to the Special Meeting of the Municipal Water District Meeting
at 6:34 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
President Lewis adjourned to the remainder of the City Council Meeting at 6:35 p.m.
with all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Council concurred to take item #I 5 out of order.
15.AB #17,476 - MID-YEAR STRATEGIC GOAL UPDATE.
Jim Elliott, Administrative Services Director, Ken Price, Recreation Services Director
and Lloyd Hubbs, Public Works Director presented the staff report and Power Point
Presentation (on file in the City Clerk’s office) to give Council a mid-year goal update.
Council received the report and took no action.
14.AB #17,478 - LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT.
Council received a presentation from Catherine Hill of the League of CA Cities
regarding the proposed Local Taxpayers and Public Safety Protection Act that the
League is working to qualify for the November, 2004 ballot. Ms. Hill explained that the
Measure would prevent the State from reallocating funds designated for local
government, and would require that mandates must be funded by the State.
Mayor Pro Tem Finnila asked Ms. Hill if the sales tax will be distributed differently if this
measure passes.
Ms. Hill responded that under this measure, the sales tax, property tax, and vehicle
license fees would stay allocated as they were on January 1, 2003.
Council Member Packard, the City’s representative to the League, spoke in support of
the measure.
Mayor Lewis spoke of the need for strong restrictions to prevent the State from
rea I locati ng loca I funds.
Council received the report and took no action.
COUNCIL REPORTS AND COMMENTS:
Council Members provided updates regarding their various committees.
January 20,2004 Carlsbad City Council Meeting Page 8
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Wednesday, January 21 , 2004 - 11 a.m.
City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue, Carlsbad, California
Thursday, January 22,2004 - 11:30 a.m.
Chamber of Commerce C.E.O. Farewell Event
Four Seasons Resort Aviara
71 00 Four Seasons Point, Carlsbad, California
Monday, January 26,2004 - 8 a.m. - 5 p.m.
Carlsbad City Council Goal Setting Workshop
5815 El Camino Real, Carlsbad, California
Tuesday, January 27,2004 - 8 a.m. - 5 p.m.
Carlsbad City Council Goal Setting Workshop
5815 El Camino Real, Carlsbad, California
Wednesday, January 28,2004 - 2 p.m.
Carlsbad Police Department Annual Awards Ceremony
Public Safety and Service Center
2560 Orion Way, Carlsbad, California
COUNCIL REPORTS AND COMMENTS:
Council Members provided updates regarding their various committees.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of January 20, 2004 was adjourned at 7:40 p.m.
1
*%%TL INE .WOOD,C C
City c'eY
Sheila Cobian
Minutes Clerk