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HomeMy WebLinkAbout2004-02-17; City Council; Minutes (3)MINUTES MEETING OF : DATE OF MEETING: FEBRUARY 17,2004 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: Mayor Pro Tem Finnila led the Pledge of Allegiance. PRESENTATIONS: Lynn Flanagan, 11 57 Via Vera Cruz, San Marcos representing In Motion announced that from this day forward the San Diego Marathon would be known as the Carlsbad Marathon and presented Council with Carlsbad Marathon T-shirts. CONSENT CALENDAR: By consensus, Council concurred to remove Item #I 5 from Departmental and City Manager Reports and add it to the Consent Calendar for consideration. Item Nos. 1 - 4 were pulled for discussion. ACTION: On a motion by Mayor Pro Tern Finnila, Council affirmed the action of the Consent Calendar, Items #5, #6 and #15, 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. February 17,2004 Carlsbad Municipal Water District and City Council Meeting Page 2 1. AB #17,503 - SETTLEMENT OF CITY OF VISTA V. CITY OF CARLSBAD. This item was pulled for discussion. 2. AB #17,504 -ACCEPTANCE OF DONATIONS. This item was pulled for discussion. 3. AB #17,505 -ACCEPTANCE OF DONATION. This item was pulled for discussion. 4. AB #17,506 -ACCEPTANCE OF DONATION. This item was pulled for discussion. 5. AB #17,507 - RECLASSIFICATION OF TWO COMMUNICATIONS OPERATORS IN THE POLICE DEPARTMENT. Council adopted RESOLUTION NO. 2004-050, amending the Police Department budget by reclassifying two Communications Operator positions to Lead Communications Operators. 6. AB #I 7,508 - GRANT APPLICATION. Council adopted RESOLUTION NO. 2004-051 , approving an application for a grant from the Institute of Museum and Library Services. 15.AB #17,419 -ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST). Council adopted RESOLUTION NO. 2004-055, making findings on a petition for Special Assessment Proceedings and making appointments; and, Council adopted RESOLUTION NO. 2004-056, adopting a map showing the proposed boundaries of Assessment District No. 2002-01 (Poinsettia Lane East); and, Council adopted RESOLUTION NO. 2004-057, declaring intention to order the acquisition or construction of certain improvements in proposed Assessment District No. 2002-01 (Poinsettia Lane East); declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses and providing for the issuance of bonds; and, Council adopted RESOLUTION NO. 2004-058, passing on the report of the assessment engineer, setting a public hearing, and ordering the initiation of assessment ballot procedures for Assessment District No. 2002-01 (Poinsettia Lane East). DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #17.503 - SETTLEMENT OF CITY OF VISTA V. CITY OF CARLSBAD. Mayor Lewis stated that the settlement of this litigation was in the best interest of the citizens, and was done at no expense to the taxpayers. Mayor Lewis stated that he and Council believe that this is a win for both cities because the roads will be built February 17,2004 Carlsbad Municipal Water District and City Council Meeting Page 3 sooner rather than later and that the roads - Faraday and Melrose - will be opened simultaneously. ACTION: AYES: NOES: On a motion by Mayor Lewis, Council approved a proposed settlement as required by the Brown Act in City of Vista v. City of Carlsbad, Case No. GIC 800037. Lewis, Finnila, Kulchin, Hall and Packard. None. 2. AB #17,504 - hCCEPTANCE OF DONATIONS. Joan Kindle, 2622 El Aguila Lane, Carlsbad, Volunteer Curator for Carrillo Ranch, came forward to address Council. Ms. Kindle thanked the individuals and organizations who made cash donations to the Carrillo Ranch Trust Fund. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2004-047, accepting cash donations, from various organizations, in support of the Carrillo Ranch Fund, Leo Carrillo Ranch Historic Park. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. 3. AB #17,505 -ACCEPTANCE OF DONATION. Council Member Kulchin expressed appreciation for the donation in memory of Margaret and George Brownley. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2004-048, accepting a donation of $2,500 from Barbara F. Hallman in memory of Margaret & George Brownley, and appropriating the funds to the Library Gifts and Bequests Fund. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. 4. AB #17,506 -ACCEPTANCE OF DONATION. Council Member Kulchin expressed appreciation for a donation of a cast concrete bench for the Georgina Cole Library. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2004-049, accepting a donation of a cast concrete bench valued at $1,000, from the Santa Margarita Chapter of the National Society of the Daughters of the American Revolution . February 17,2004 Carlsbad Municipal Water District and City Council Meeting Page 4 AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. ORDINANCES FOR INTRODUCTION: 7. AB #17.509 - PRIMA FACIE SPEED LIMIT UPON MIDDLETON DRIVE. City Attorney Ron Ball presented the staff report. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-694, establishing a prima facie 25 mile-per- hour speed limit from Glasgow Drive to its intersection with Woodstock Street. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. 8. AB #17,510 - PRIMA FACIE SPEED LIMIT UPON WOODSTOCK STREET. City Attorney Ron Ball presented the staff report. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-695, establishing a prima facie 25 mile-per- hour speed limit from Glasgow Drive to its intersection with Lancaster Road. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. ORDINANCES FOR ADOPTION: 9. AB #17,51 I - NORTHWEST QUADRANT COMMUNITY PARK AND SENIOR CENTER - ZC 03-06. City Attorney Ron Ball presented the staff report. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-692, approving an amendment to the City’s Zoning Map to grant a zone change from R-3 to 0-S on property generally located on the west side of Madison Street, between Walnut Avenue and Chestnut Avenue, in Local Facilities Management Zone I. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. February 17,2004 Carlsbad Municipal Water District and City Council Meeting Page 5 IO. AB #17,512 - OLIVENHAIN MUNICIPAL WATER DISTRICT (OMWD) CAMPUS PLAN - ZC 02-01. City Attorney Ron Ball presented the staff report. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-693, approving an amendment to the City’s Zoning Map to grant a zone change from R-I -1 0 to 0 on property generally located at the southwest corner of Olivenhain Road and Rancho Santa Fe Road, in Local Facilities Management Zone 11. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. PUBLIC COMMENT: None. PUBLIC HEARINGS 11. AB #17,513 - RANCHO CARRILLO VILLAGE T - GPA 03-04/MP 139(J). Mayor Lewis stated that there had been a request from David Lother of D.R. Horton Continental Homes to continue this item for 30 days due to the fact that he was not properly noticed. Van Lynch, Senior Planner addressed the noticing issue. Mr. Lynch stated that the property owner and residents within a 600’ radius were properly noticed. He noted that of the mailing that was sent out, only one notice was returned, and that was not the property owner’s. He also stated that the public hearing notice had also been published in the Public Notice section of the newspaper. Mike Howes, of Hoffman Planning Associates, 5900 Pasteur Ct., Suite 150, representing the applicant, came forward to address Council. Mr. Howes explained that he received a call from David Lother of D.R. Horton Continental Homes, who had stated that he had not been aware that this project was on the agenda for tonight. Mr. Howes stated that perhaps, due to D.R. Horton being such a large company, and the notice not being addressed to a particular individual at D.R. Horton, it may have been misplaced. Mr. Howes stated that Mr. Lother would have preferred to have been present at this hearing, but unfortunately, he was not able to make it to this hearing due to a previous commitment in Riverside. Council Member Kulchin asked staff how the mailed notices were addressed. Mr. Lynch stated that for public mailings, the notices are addressed to the property owners of record and do not contain an attention line. He noted that the information is taken from the latest property tax rolls and is obtained from the County of San Diego. February 17,2004 Carlsbad Municipal Water District and City Council Meeting Page 6 ACTION: On a motion by Mayor Lewis, Council determined to proceed with the hearing on the matter, and not to grant the 30-day continuance. - AYES: NOES: Finnila, Hall. Lewis, Kulchin and Packard. Van Lynch, Senior Planner presented the staff report and reviewed a Power Point Presentation (on file in the City Clerks Office). Mike Howes, representing the applicant, D.R. Horton, came forward to address Council. Mr. Howes stated he would have liked the 30-day continuance so that his client, Mr. Lother could speak regarding this matter. In response to inquiry, Mr. Howes stated that he did not know what efforts have been made by his client, within the last six months, to market the site for community facility use. Mayor Lewis opened the duly noticed public hearing at 6:31 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 6:31 p.m. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-052, approving a General Plan Amendment and Master Plan Amendment to preserve Village T of the Rancho Carrillo Master Plan as a Community Facility site, on property located on the northeast corner of El Fuerte Street and Rancho Pancho, in Local Facilities Management Zone 18. AYES: Lewis, Finnila, Kulchin, Hall and Packard. None. 12. AB #17.490 -AT & T WIRELESS - CUP 03-22. Ron Ball, City Attorney presented the staff report. He stated that this was a continued item regarding a request for placement of a cellular site on SDG&E Tower 173. Mr. Ball reported that the property has changed ownership, and the new owners have not authorized the application for the conditional use permit on the property. Mayor Lewis opened the duly noticed public hearing at 6:36 p.m. and asked if anyone would like to speak. Monica Jellinek, 3312 Cab0 Ct., Carlsbad came forward to address Council. Ms. Jellinek stated that she and her husband, and a group of neighbors, are owners of the two acres of property upon which Tower 173 is located. Ms. Jellinek stated that she, along with the other property owners, intend to keep this property as open space and have not participated in the CUP application process. February 17,2004 Carlsbad Municipal Water District and City Council Meeting Page 7 Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at 6:38 p.m. ACTION: On a motion by Mayor Pro Tem Finnila, Council directed the City Attorney to prepare documents denying the requested Conditional Use Permit, CUP 03-22, got installation of a wireless telecommunications facility on SDG&E Tower 173, on property generally located between Esfera Street, and Piragua Street, in the SDG&E transmission corridor. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. 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 6:39 p.m. with all members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned to the remainder of the City Council Meeting at 6:40 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 15.AB #17,419 - ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST). Item #I5 was taken out of order and added to the Consent Calendar. 16.AB #17,516 - STATEWIDE BALLOT INITIATIVE “THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT”. Joe Garuba, Senior Management Analyst, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s Office). Council discussed the current State Budget and the impact on local government. Council also discussed the proposed initiative and its effect on the current ballot measures. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2004-059, supporting the League of California Cities (League) proposed initiative “The Local Taxpayers and Public Safety Protection Act”, which is scheduled for the November 2004 state ballot. February 17,2004 Carlsbad Municipal Water District and City Council Meeting Lewis, Finnila, Kulchin, Hall and Packard. None. In addition, ,~y consensus, Council concurred to monitor the progress c initiative. 17.AB #17,517 - MAINTENANCE AND REPAIR OF SEWER LATERALS. Page 8 the Bob Greaney, Deputy Public Works Director, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s Office). Council Member Hall asked how many claims relating to sewer lateral had been experienced and with what frequency. Erin Letsch, Risk Manager, stated that 22 incidents had been reported to her office in 5 years, and that approximately $215,000 in payments had been made in relation to the claims. She reported that eleven of the incidents were due to the sewer laterals. Mayor Pro Tem Finnila inquired, if the responsibility for the sewer laterals is assigned to the property owners, would the City continue to provide emergency assistance to them if they were to call for help? Mr. Greaney stated that emergency assistance would continue to be provided, and that there is wording to that effect in the proposed Ordinance. Mayor Lewis asked staff how they would provide information to the public if the regulations were amended. Mr. Greaney answered that the City would provide an outreach program, including mailers containing information about the homeowner’s responsibility and suggested methods for maintaining the laterals to prevent blockages. ACTION: The motion by Mayor Pro Tem Finnila, to introduce ORDINANCE NS-696, amending Title 13, Chapter 13.04 of the Carlsbad Municipal Code pertaining to responsibility for maintenance and repair of sewer laterals, failed due to lack of a majority. AYES: Finnila and Kulchin. NOES: Lewis, Hall and Packard. COUNCIL REPORTS AND COMMENTS: Council Members provided updates regarding their various committees. CITY MANAGER COMMENTS: None. February 17,2004 Carlsbad Municipal Water District and City Council Meeting Page 9 CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, February 18,2004 - I1 a.m. City Council Study Session City of Carlsbad Faraday Center 1635 Faraday Avenue Carlsbad, California Friday, February 20,2004 - 5 p.m. Senior Center Volunteer Recognition Event Olympic Resort Hotel 61 11 El Camino Real Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of February 17, 2004 was adjourned at 7:38 p.m. I M. WOOD, CMC Minutes Clerk