HomeMy WebLinkAbout2004-06-01; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: June 1,2004
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:
Pastor Scott Anderson of the Carlsbad Christian Assembly offered the invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
COUNCIL REPORT:
Mayor Pro Tem Finnila presented an update regarding SANDAG and the benefits of
Transnet Funding to North County. Ms. Finnila stated that North County will be
receiving funds in three major categories. She stated that the projects that are
scheduled under the Highway Capital Improvement Program are: four carpool lanes to
be constructed on Interstate 5 from Interstate 805 to Vandegrift Boulevard in
Oceanside; two HOV lanes to be added to Highway 78, and; two general purpose lanes
to be added to State Route 76 from Melrose to Interstate 15.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were
unanimously approved as presented:
Minutes of the Regular Meeting held April 20, 2004.
Minutes of the Joint Special Meeting held April 20, 2004.
Minutes of the Special Meeting held April 21, 2004.
Minutes of the Regular Meeting held April 27, 2004.
Minutes of the Joint Special Meeting held April 27, 2004.
Minutes of the Regular Meeting held May 4, 2004.
Minutes of the Regular Meeting held May 11, 2004.
June 1,2004 Carlsbad City Council Meeting Page 2
PRESENTATIONS:
Fire Chief Kevin Crawford introduced Christ Seistrup, Regina1 Vice-president of the
Fireman’s Fund. Mr. Seistrup presented Council with a check in the amount of
$24,000, which is part of a grant to Fire Departments in the San Diego area for the
Purchase of communications equipment.
Mayor Lewis presented Susan Pynes, Arts Commissioner with a proclamation in
recognition of her ten years of service on the Carlsbad Arts Commission.
CONSENT CALENDAR:
Item No. 5 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, 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.
2.
3.
4.
AB #17,645 - REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s
investment portfolio as of April 30, 2004.
AB #17,646 - MONROE STREET SWIM COMPLEX FILTRATION AND HEATING
REPLACEMENT PROJECT - PROJECT NO. 38981.
Council adopted RESOLUTION NO. 2004-1 73, accepting the construction of the
Monroe Street Swim Complex Filtration and Heating Replacement Project as
complete, and directing the City Clerk to record the Notice of Completion and
release bonds appropriately.
AB #17,647 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE
CONSTRUCTION OF THE IMPROVEMENT OF SEACREST DRIVE - PROJECT
NO. 3679.
Council adopted RESOLUTION NO. 2004-1 74, approving plans and
specifications, and authorizing the City Clerk to advertise for bids for the
construction of the improvement of Seacrest Drive, Project No. 3679.
AB #17,648 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE
ESCUELA - PROJECT NO. 3849-1.
CONSTRUCTION OF A TRAFFIC SIGNAL AT POINSETTIA LANE AND PASEO
Council adopted RESOLUTION NO. 2004-1 75, approving plans and
specifications, and authorizing the City Clerk to advertise for bids for the
construction of a traffic signal at Poinsettia Lane and Paseo Escuela, Project No.
3849-1.
June 1,2004 Carlsbad City Council Meeting Page 3
DISCUSSION OF CONSENT CALENDAR ITEMS:
5. AB #17,649 - REQUEST FOR OUT-OF-STATE TRAVEL.
Council Member Kulchin spoke about the award and also mentioned that the Friends of
Carrillo Ranch would be sending Board Member Bonnie Dominguez as a
representative.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2004-1 76, approving out-of-state travel to
Washington, D.C. for two City employees from the Recreation
Department to represent the City by receiving the “Restore
America: A Salute to Preservation” award from the National Trust
for Historic Preservation, Save America’s Treasures, and the Home
and Garden Television Network (HGTV), for the Leo Carrillo Ranch
Historic Park.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
ORDINANCE FOR INTRODUCTION:
6. AB #17,650 - ESTABLISHMENT OF SPEED LIMIT ON TAMARACK AVENUE.
City Attorney, Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NS-706, establishing a prima facie 35 mile per hour
speed limit upon Tamarack Avenue from Hatwich Drive to its
intersection with College Boulevard.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, Packard
ORDINANCE FOR ADOPTION:
7. AB #17,651 -ZONE CHANGE FOR BLACK RAIL RIDGE - ZC 03-08.
City Attorney, Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. 705, amending the zoning map to grant a zone
change from Limited Control (L-C) to Single-Family Residential (R-
1) 7,500 on property generally located on the southwest corner of
Poinsettia Lane and Black Rail Road in Local Facilities
Management Zone 20.
June 1,2004 Carlsbad City Council Meeting Page 4
PUBLIC COMMENTS:
Tom Mulaney, 3617 Jackson Street, San Diego, CA 92103, representing Friends of
San Diego, came forward to address Council. Mr. Mulaney praised Carlsbad’s Growth
Management Plan, however he cautioned Council regarding SANDAG’s Regional
Comperhensive Plan (RCP).
Mr. Mulaney requested placement on a future City Council Agenda to present
information regarding the SANDAG RCP plan more fully. He distributed handouts to
the Council, including comments from the Friends of San Diego and a letter from Dr.
Richard Carson of U.C.S.D. (Copies on file in the City Clerk’s Office.)
ADJOURNMENT TO SPECIAL MEETING OF THE MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Special Meeting of the Municipal Water District Meeting
at 6:19 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis reconvened the City Council Meeting at 6:20 p.m. with all members
present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #17,652 - 2004-05 OPERATING BUDGET WORKSHOP.
Lisa Hildabrand, Finance Director and Cheryl Gerhardt, Senior Accountant discussed
the upcoming budget calendar, goals and performance measures and reviewed a
Power Point presentation (on file in the City Clerk’s Office).
Ms. Hildabrand explained the various budgets and their purposes. She also explained
the current economic outlook and the anticipated impacts of the State’s Budget on the
City’s revenues.
Ms. Gerhardt gave an overview of the budget process and the anticipated expenditures,
and department budget requests for fiscal year 2004-05.
Police Chief Tom Zoll discussed various Public Safety programs included in the 2004-
05 Operating Budget. Chief Zoll presented information pertaining to replacement of the
Computer Aided Dispatch system (CAD), the Police Mobile Office, and the
Management of Overtime.
Fire Chief Kevin Crawford discussed the North County JPNRegional Efforts to improve
service delivery, share resources and standardize training and other procedures.
Mayor Lewis asked how the services of the surrounding cities compare to Carlsbad’s
services.
June 1, 2004 Carlsbad City Council Meeting Page 5
Chief Crawford responded that from a service level, the standards for service provided
by neighboring agencies is just as high as Carlsbad’s. He noted that shared resources
and use of the most appropriate apparatus provides better, more efficient service to the
customers.
Council Member Hall inquired as to how the training efforts are coordinated between
the agencies.
Chief Crawford responded that the member agencies require the same level of training
requirements and send recruits to the same Fire Academy for training. He stated that
on-going training is also coordinated using like subject matter, and that some
interagency training has also taken place.
Mayor Lewis requested that Council be updated every six months as to the efficiency of
the regional services.
Council Member Hall requested that the update contain information on both fire and
paramedic services in order to monitor the service levels.
Administrative Services Director Jim Elliott provided Council with information regarding
Top Quality Services, including the Volunteer Program, the Community Engagement
Program (CCPS), the Information Technology Disaster Plan, Development, and the
proposed Passport Services program.
Sandra Holder, Community Development Director, provided information regarding
Community Development, including the Center City Gateway Project and core study
area, the Civic Center Plan, the North State Street Redevelopment, and the South
Carlsbad Redevelopment Area.
Cliff Lange, Library Director presented Council with information regarding Community
Services, such as the Library SIRS1 Enhancements, the Learning Center, and the
Recreation On-Line Registration.
Lloyd Hubbs, Public Works Director provided the Public Works update, including
information pertaining to the Recycled Water Plant, the Pump Station, Fleet Cost
Savings and the Maintenance Assessment Program.
Council Member Hall asked staff what control the City has over the cost of PERS.
Finance Director, Lisa. Hildabrand explained that the City does not have much control
over PERS once the benefit is selected. Ms. Hildabrand stated that PERS rates are set
by PERS, and that the rate fluctuates mainly because of the earnings. She stated that
when 8.25% return on investment is not earned, the rates paid by the City are
increased to make up for the loss, and that when more than 8.25% is earned, the City’s
rates decrease.
Council Member Hall inquired as to what year PERS investments actually earned
8.25 Yo.
June 1,2004 Carlsbad City Council Meeting Page 6 Ms. Hildabrand stated that PERS investments are now earning positive returns, but that
previously PERS had 2 or 3 years of negative returns.
Mr. Hall expressed concerns regarding the leadership of PERS, and how the rates of
return are forecast by them.
City Manager, Ray Patchett explained that many cities are meeting with PERS to
address these concerns and questions. Mr. Patchett also stated that, as a member of
PERS, the City of Carlsbad has fully funded its retirement obligations.
Ms. Gerhardt gave a brief overview of some of the other funds that make up the City’s
Operating Budget which included the Enterprise Funds, Internal Service Funds, Special
Revenue Funds and Redevelopment Funds.
Ms. Hildabrand presented information regarding the cost estimates and projected
deficits for Lighting and Landscape District No. 1.
ACTION: On a motion by Mayor Pro Tem Finnila, Council accepted the staff
report and set the Public Hearing for June 15, 2004.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
RECESS:
Mayor Lewis declared a recess at 8:07 p.m. Council reconvened at 8:15 p.m. with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS (Continued)
9. AB #17,653 - FINAL MAP FOR CARLSBAD TRACT 99-06, PALOMAR FORUM.
Glenn Pruim, Deputy Public Works Director presented the staff report using a power
point presentation (copy on file in the City Clerk’s Office).
Mr. Pruim stated that the developer is requesting approval of their Final Map, and that
Council must determine if one of the conditions of the Tentative Map regarding security
for required road improvements has been satisfied.
Mr. Pruim explained that approximately one year ago Council heard a proposal from the
developer that included an alternative financial guarantee. Mr. Pruim described the
proposal points as follows: The developer requested that the final map be recorded;
they proposed to rough grade the entire property in the required off-site improvement
areas; they would dedicate the right-of-way for Melrose Drive and post bonds for the
improvement of Melrose Drive; they would construct the third west-bound lane of
Palomar Airport Road along their frontage (from Vista City limit all the way to Melrose
Drive). In exchange, the developer was looking for development rights only on the
easterly half of their property and would not request building permits on the westerly
half until subsequent approvals were given. The developer also agreed not to oppose
the formation of the Community Facility District (CFD) via a waiver and consent
June 1,2004 Carlsbad City Council Meeting Page 7
agreement. In addition the developer also agreed to delay construction of Melrose
Drive until directed by the Council via the City Engineer. The developer also proposed
to post a bond for Forum’s fair share of the Faraday Avenue improvements.
Mr. Pruim stated that, at the meeting that took place one year ago, Council accepted
the developer’s proposal by a 3-2 regarding compliance with the financial guarantee
provisions of the approved Tentative Map. Mr. Pruim pointed out that the proposal was
a request to bond for their share of Faraday Avenue improvements rather than to
provide a Letter of Credit, but that the proposal did not address the timing of that
security.
Mr. Pruim explained that the total improvement cost of Faraday Avenue is $16 million
and that Forum’s share of that is about $2 million which is approximately 12.5%, of the
total cost.
Mr. Pruim stated that the requirements for financial guarantee are contained in two
governing documents, the Tentative Map Conditions and the Local Facility
Management Plan for Zone 18. He noted that the Tentative Map states “that prior to
recordation of a final map or issuance of a grading permit, whichever occurs first, the
financial guarantee for the construction as specified in the appropriate agency
permissions of Faraday Avenue extension, between Orion and Melrose Drive, shall be
approved by the City Council. The LFMP states that if the CFD is not formed then an
alternative financial mechanism equivalent to a CFD or an improvement agreement
may be proposed. Any financial guarantee proposed must be approved by Council”.
Mr. Pruim stated that the developers have requested formation of a Community
Facilities District (CFD) to fund the required road improvements. He explained that due
to the need to obtain permits from other agencies, the district would not be formed for a
few months.
Mr. Pruim explained that although the developer’s previous proposal for their share of
Faraday Avenue improvements was a bond, they have now agreed to post a Letter of
Credit. He noted that the developer is requesting that this security be posted prior to
the issuance of the first building permit, or the sale of the first lot created by the Final
Map.
Mr. Pruim stated that staff recommends that the Letter of Credit should be posted prior
to, or concurrent with, the Final Map that the Council is considering this evening. He
further explained that the reason for staff‘s position was that they had some concern
about deferring the security until after the Final Map because it may attract new buyers
that aren’t aware of the terms of the CFD.
Mr. Pruim stated that staff has identified two ways to resolve this issue: The first option
would resolve the timing issue whether the security is posted with the Final Map or prior
to building permit issuance, and to return the project to staff for revision of all the
necessary documents. The second option would be to accept the Final Map, subject to
the City Attorney’s final approval of the appropriate Waiver and Consent Agreement,
which would incorporate the details about the timing of the instruments.
June 1,2004 Carlsbad City Council Meeting Page 8 Mayor Lewis asked staff if a verbal agreement has been obtained from the government
agencies concerning the permits.
Mr. Pruim stated that for the Carlsbad Oaks North property, there were three
environmental permits needed, and that one has been obtained and two are pending.
He stated that it is staffs understanding that the remaining two permits are
administrative and there is no reason to believe that the permits would not be issued,
Larry Nelson, representing Davis Partners (owner of the Palomar Forum Project), came
forward to address Council. Mr. Nelson explained the process that has occurred during
the past year to provide the appropriate security for the Melrose and Faraday road
improvements. He stated that obtaining bonding for the Melrose improvements had
been difficult, due to the need to bond for $7 million of improvements that were off-site,
and that they had been required to collateralize those improvements, and also because
the onsite improvements, which amounted to another $1 0 million. Mr. Nelson stated
that his company has also expended funding to assist the Raceway Properties.
Mr. Nelson stated that requiring the security for the Faraday improvements would
require his company to collateralize another $2 million at this time. He stated that
delays in the formation of the CFD, has also made it difficult to obtain bonding for these
improvements. He noted that if they have been trying to final this map for three years,
and stated that if the map is not approved tonight, they will be in technical default. Mr.
Nelson requested that Council approve the Map so that it can be recorded.
Mayor Pro Tem Finnila inquired whether Mr. Nelson and his company have agreed to
post a Letter of Credit.
Mr. Nelson responded that they did agree to post the Letter of Credit.
Mayor Pro Tem Finnila asked City Attorney Ron Ball, for clarification regarding the
timing question as it relates to the building permits and as it relates to the ability of the
City Attorney’s office to approve the Final Waiver and Consent.
City Attorney Ball responded that if Council decides to require posting of the security at
the time that the map is final, or the grading permit is issued, the map would not be final
tonight but would be returned to staff for revision of the documents and would be
returned for Council consideration.
City Attorney Ball further stated that if the Council approves the request of the
developer, the security would be submitted at the time of the first sale, or the issuance
of the building permits, and the map would be approved subject to the approval of a
Waiver and Consent Agreement by staff and the City Attorney. He noted that the map
would then be recorded, following approval of the Waiver, and would not return to
Council.
Council Member Packard stated that he could support the request, noting that the
completion of the road improvements is very important.
Council Member Hall concurred with the comments of Mr. Packard.
June 1,2004 Carlsbad City Council Meeting Page 9
Council Member Kulchin stated that she had previously voted against this project, but
that she would support the request and the provision of the Letter of Credit.
Mayor Lewis expressed concerns regarding this process because it sets a precedent
and because of the potential risk to the City. He stated he could not support the
developer's request.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-177, as amended, to approve the final
map for Carlsbad Tract CT 99-06, Palomar Forum, and authorizing
the City Clerk to process the map for recordation, subject to the
City Attorney's final approval of the appropriate Waiver and
Consent Agreement.
AYES:
NOES: Lewis.
Finnila, Kulchin, Hall and Packard.
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some
committees and sub-committees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT:
By pro er motion, the Regular Meeting of June 1, 2004 was adjourned at 852 p.m. 7
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Minutes Clerk