HomeMy WebLinkAbout2004-05-04; City Council; MinutesMINUTES
MEEllNG OF :
DATE OF MEETING: May 4,2004
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CrrY 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.
Mayor Lewis, Mayor Pro Tem Finnila, Council Members Kulchin, Hall and
Packard.
LEGISLATIVE INVOCATION was given by Pastor Dwayne Edwards of the Las Flores Church
of the Nazarene.
PLEDGE OF ALLEGIANCE was led by Council Member Hall.
PRESENTATIONS:
The Mayor presented a Proclamation in Recognition of Respect for Law Week to Kevin Radcliffe
representing the Optimist Club.
The Mayor presented a Proclamation in Recognition of National Tourism Week to Kurt Burkhart,
Executive Director of the Carlsbad Convention and Visitors Bureau.
The Mayor presented a Proclamation in Recognition of Peace Officer Memorial Week to Police
Chief Tom Zoll and Lt. Michael Shipley.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Finnila Minutes of the following meetings were unanimously
approved as presented:
Minutes of the Special Meeting held April 6, 2004.
Minutes of the Regular Meeting held April 6, 2004.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the
Consent Calendar, Items #1 through #ll, with the exception of Item #8,
as follows:
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
May 4,2004 CITY COUNCIL Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #17,612 - REPORT ON Crpl INVESTMENTS.
Accepting the City Treasurer's report on City investments as of March 31, 2004.
2. AB #17,613 - ACCEPTANCE OF FEDERAL EMERGENCY MANAGEMENT
ASSOCIATION (FEMA] GRANT.
Adopting RESOLUTION NO. 2004-142, accepting the FEMA Grant award for
the purchase and installation of Regional Fire Videoconferencing Training
Equipment for the Carlsbad Fire Department.
3. AB #17,614 - ACCEPTANCE OF DONATION. .
Adopting RESOLUTION NO. 2004-143, accepting a donation from the T. Luke
Savage Family Foundation and appropriating the funds to the Fire Department
Emergency Medical Services Fund.
4. AB #17,615 - ACCEPTANCE OF FIREMAN'S FUND HERITAGE PROGRAM GRANT.
Adopting RESOLUTION NO. 2004-144, accepting the Fireman's Fund Heritage
Program Phase I Grant funds, and appropriating the funds to Fire Department
Emergency Operations for the purchase of fire communications equipment.
5. AB #17,616 - AWARD OF CONTRACT FOR SPORTS LIGHTING AND ELECTRICAL
UPGRADES AT CHASE FIELD - CONTRACT NO. PK$03-08, PROJECT NO. 3884.
Adopting RESOLUTION NO. 2004-145, accepting bids and approving a
contract to Steiny and Company Inc. to provide and install new sports lighting
and electrical upgrades at Chase Field, and appropriating funds.
6. AB #17,617 - FINAL MAP FOR CARLSBAD TRACT [CT) 02-25, NORTH PARK AT LA
COSTA.
Adopting RESOLUTION NO. 2004-146, approving the final map the CT 02-25,
North Park at La Costa, and authorizing the map to be recorded.
7. AB #17,618 - AWARD OF CONTRACT FOR JEFFERSON STREET SIDEWALK PROJECT
- PROJECT NO. 3883.
Adopting RESOLUTION NO. 2004-147, accepting bids and awarding a
contract to TB Penick & Sons for the Jefferson Street Sidewalk Project including
the reconstruction of existing sidewalk segments, and the construction of new
sidewalk segments along Jefferson Street from Magnolia Avenue to Citrus Place.
8. AB #17,619 - AWARD OF CONTRACT FOR BATIOUITOS LIFT STATION
IMPROVEMENTS - PROJECT NO. 3809.
This Item was removed from the Consent Calendar.
May 4,2004 CITY COUNCIL Page 3
Adopting RESOLUTION NO. 2004-149, approving a Professional Service
Agreement with Simon Wong Engineering, Inc. for as-needed construction
management and inspection services.
9. AB #17,620 - APPROVAL OF PROFESSIONAL SERVICE AGREEMENT FOR AS-
NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES.
10. AB #17,621- REPORT ON THE SElTLEMENT ENTlTLED AT&T V.CITY OF
CARLSBAD.
Reporting the terms and conditions of the settlement as required by the Brown
Act in AT&T v. City of Carlsbad, Case No. Ol-CV-2045-JM(WM).
11. AB #17,624 - APPLICATION TO THE CALIFORNIA STATE LIBRARY GLOBAL
LANGUAGES MATERIALS GRANT PROGRAM.
Adopting RESOLUTION NO. 2004-153, authorizing submittal of an application
by the Carlsbad City Library for a grant from the California State Library Global
Languages Materials Grant Program.
ITEM REMOVED FROM THE CONSENT CALENDAR:
8. AB #17,619 - AWARD OF CONTRACT FOR BATIOUITOS LIFT STATION
IMPROVEMENTS - PROJECT NO. 3809.
Council Member Packard inquired about the renovation of the Batiquitos lift station project that
was completed seven years ago. He also asked about the warranties and expected life spans of
projects, noting that the lift station project life span seemed short.
Mayor Pro Tem Finnila asked if there were any unique circumstances surrounding the
construction of the North Batiquitos Lift Station.
Terry Smith, Senior Civil Engineer, gave a brief history of the lift station, noting that it was
designed in the late 1980’s and work was halted during the recession. He noted that the
construction began in the late 1990’s.
Mr. Smith stated that the corrosion of the lift station was caused by a higher than normal level
of Hydrogen Sulfide. He also stated that the slower flow rates and construction materials
contributed to the accelerated deterioration. Mr. Smith said that contemporary lift stations use
fiberglass materials that are more resistant to corrosion.
Council Member Packard asked if warranty and expected lifespan information could be provided
for Capital Projects.
Council concurred to revisit this topic at a workshop. City Manager Ray Patchett stated that
Staff would prepare a report to facilitate discussion regarding project warranties and life span.
May 4,2004
ACTION:
CITY COUNCIL Page 4
On a motion by Council Member Packard, Council adopted
RESOLUnON NO. 2004-148, accepting bids and awarding the
Package ”A” construction contract to J.R. Filanc Construction Company
for the North Batiquitos Lift Station Improvement; and approving
Amendment No. 1 to the Agreement with Brown and Caldwell, Inc. for
engineering design services for final design of Package “6” for the North
Batiquitos Lift Station Improvements.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
PUBLIC CO MMENT:
La Bien Nance, 6052 Paseo Acampo, stated her concerns regarding apartment Management in
Rancho Carrillo.
PUBLIC HEARING:
12. AB #17,622 - ASSESSMENT DISTRICT NO. 2002-01 - POINSElTIA LANE EAST.
Finance Director Lisa Hildabrand and Assessment Engineer Galen Peterson presented this item.
(The Power Point presentation is on file in the Office of the City Clerk).
Mayor Lewis opened the duly noticed Public Hearing at 6:46 p.m.
Seeing no one wishing to testify, Mayor Lewis closed the Public Hearing at 6:47.
In response to Council, Ms. Hildabrand explained how the amount in the Bond Reserve Fund is
determined. She stated that the Internal Revenue Service determines the formula for the fund
and that this assessment may be used as security.
Ms. Hildabrand also explained the “pass through” differences between Mello Roos and
Assessment Districts.
In response to Council, Ms. Hildabrand stated that, generally, when the roads are ready to
open the bonds would be offered.
Mr. Peterson gave the details regarding the future disposition of the three million dollar plus
interest bond fund reserve. In addition, Ms. Hildabrand explained about pre-payment penalties
and disclosure documentation.
In response to Council, Mr. Peterson explained that the developer pays for the school district
portion of the assessment.
Mayor Lewis inquired how assessment disclosure works for the second buyer of a home. Ms.
Hildabrand stated that the first homeowner (buyer) must disclose the information to the second
buyer.
Mayor Lewis called a recess at 6:58 p.m. to allow the tabulation of the assessment ballots. The
meeting resumed at 7:03 p.m. with the Mayor and all four Council Members present.
May 4,2004 CITY COUNCIL Page 5
City Clerk Lorraine Wood opened the assessment ballots and announced that the tabulation of
the ballots had been completed. She said that there were five ballots in support of the levy and
zero ballots in opposition to the levy of the assessments. Ms. Wood said since the number of
ballots in support of the levy of the assessments exceeds the number of ballots in opposition to
the levy of the assessments, there is no majority protest.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION
NO. 2004-150, approving the final report, declaring the results of the
Assessment Ballot tabulation, confirming the assessments and ordering
the acquisition or construction of improvements, together with
appurtenances, in Assessment District No. 2002-01, Poinsettia Lane East,
and
Adopted RESOLUTION NO. 2004-151,approving the form of the
Special Assessment District Disclosure Agreement for Assessment District
No. 2002-01 (Poinsettia Lane East).
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #17,623 - ASSESSMENT DISTRICT NO 2003-01 - COLLEGE BOULEVARD AND CANNON
ROAD EAST - BENEFIT AREA NO. 1.
The Staff report was presented by Kevin Branca, Assistant Finance Director. (A copy of this
presentation is on file in the Office of the City Clerk).
Mayor Lewis stated that he would like to read a sample of the literature regarding the sale of
these bonds.
ACTION: On a motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION
NO. 2004-152, authorizing and providing for the issuance of limited
obligation improvement bonds for Benefit Area No. 1 of Assessment
District No. 2003-01, (College Boulevard and Cannon Road East);
approving the form of bond indenture with BNY Western Trust Company
as paying agent; approving the preliminary official statement, approving
the bond purchase agreement between Stone & Youngberg as the
underwriter; and approving the continuing disclosure agreement and
authorizing certain actions in connection therewith.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
COUNCIL REPORTS AND COMMENTS:
Council Members provided updates regarding their various committees.
May 4,2004 CITY COUNCIL Page 6
CITY MANAGER COMMENTS:
None.
CITY AlTORNEY COMMENTS:
None.
ANNOUNCEMENTS:
City Clerk Lorraine Wood announced that City Council Members have been invited to, and may
be participating in the following event:
Carlsbad Firefighters Association Retirement and Reunion Event
Friday, May 7, 2004, 6:30 p.m.
Grand Pacific Palisades
5805 Armada Drive
Carlsbad, California
On behalf of Staff and Council, Mayor Pro Tern Finnila wished Assistant City Manager Frank
Mannen a speedy recovery from his surgery.
ADJOURNMENT:
By proper motion, the Regular Meeting of May 4, 2004, was adjourned at 7:24 p.m.
LORRAINE M. WOOD
City Clerk