HomeMy WebLinkAbout2004-07-06; City Council; Minutes (2)MINUTES
MEETING OF :
DATE OF MEETING: JULY 6,2004
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 Kulchin 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:
Minutes of the Regular Meeting held June 1, 2004.
Minutes of the Special Meeting held June 8, 2004.
Minutes of the Regular Meeting held June 8, 2004.
Minutes of the Joint Special Meeting held June 8, 2004.
Minutes of the Joint Special Meeting held June 8, 2004.
Minutes of the Special Meeting held June 15, 2004.
Minutes of the Regular Meeting held June 15, 2004.
Minutes of the Joint Special Meeting held June 15, 2004.
Minutes of the Joint Special Meeting held June 15, 2004.
Minutes of the Special Meeting held June 16, 2004.
CONSENT CALENDAR:
Items No. 1, 6, and 9 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Item Nos. #I through #9, with the
exception of Item Nos. 1, 6, and 9, as follows:
Lewis, Finnila, Kulchin, Hall and Packard. m: NOES: None.
July 6,2004 Carlsbad City Council Meeting Page 2 WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1.
2.
3.
4.
5.
6.
7.
8.
9.
AB #17.690 -ACCEPTANCE OF DONATION.
This item was pulled for discussion.
AB #17.691- REPORT ON CITY INVESTMENTS.
Council accepted the report from the City Treasurer on the status of the City’s
investment portfolio as of May 31, 2004.
AB #17,692 - CONSTRUCTION OF THE TRAFFIC SIGNAL AT CALLE
BARCELONA AND PASEO ALlSO - PROJECT NO. 3894-1.
Council adopted RESOLUTION NO. 2004-218, accepting the construction of the
traffic signal at Calle Barcelona and Paseo Aliso as complete, and directing the
City Clerk to record the Notice of Completion and release bonds appropriately.
AB #17.693 -APPROVAL OF REVISED AUTOMATED REGIONAL JUSTICE
INFORMATION SYSTEM (ARJIS) JOINT POWERS AGREEMENT.
Council adopted RESOLUTION NO. 2004-219, approving an amendment to the
Joint Powers Agreement with the San Diego Association of Governments
(SANDAG) for the Automated Regional Justice Information System (ARJIS).
AB #17.694 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF
LAWRENCE MOORE (DECEASED).
Council adopted Resolution No. 2004-220, accepting the Joint Order approving
Compromise and Release (Dependency Claim) and authorizing the expenditure
of funds for settlement of the Workers’ Compensation claim of Larry Moore.
AB #17,695 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE COASTAL
RAIL TRAIL PHASE I - PROJECT NO. 3455.
This item was pulled for discussion
AB #17.696 -AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE
2004/05 PAVEMENT OVERLAY PROJECT - PROJECT NO. 3667-9.
Council adopted Resolution No. 2004-222, accepting bids and awarding the
contract to Silvia Construction Inc. for the construction of the 2004/05 Pavement
Overlay Project.
AB #17.697 -ANNUAL ASSESSMENTS FOR BUENA VISTA CHANNEL
MAINTENANCE DISTRICT BENEFIT AREA.
Council adopted Resolution No. 2004-223, adopting the annual benefit
assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1.
AB #17,698 -AWARD OF CONTRACT FOR CONSTRUCTION OF THE HIDDEN
CANYON COMMUNITY PARK - CONTRACT NO. 38561-A.
This item was pulled for discussion.
July 6,2004 Carlsbad City Council Meeting
DISCUSSION OF CONSENT CALENDAR ITEMS:
1. AB #17,690 -ACCEPTANCE OF DONATION.
Page 3
Council Member Kulchin thanked the Friends of the Carlsbad Library for the donation,
and pledge of future support for the Library.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2004-217, accepting a donation from The
Friends of the Carlsbad Library to be appropriated to the Library's
Friends Donations Fund and acknowledging a pledge of an
additional support for the Library's programs.
Lewis, Finnila, Kulchin, Hall and Packard. AYES: NOES: None.
6. AB #17,695 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE COASTAL
RAIL TRAIL PHASE I - PROJECT NO. 3455.
Sherry Howard, Associate Engineer presented the staff report and reviewed a Power
Point presentation describing the rail project (on file in the City Clerks Office).
On a motion by Mayor Pro Tern Finnila, Council adopted
RESOLUTION NO. 2004-221, approving plans and specifications,
and authorizing the City Clerk to advertise for bids for the
construction of Phase I of the Coastal Rail Trail.
Lewis, Finnila, Kulchin, and Packard.
ACTION:
AYES: ABSTAIN: Hall NOES: None.
Council Member Hall noted his abstention due to the fact that he owns property near
the project.
9. AB #17,698 -AWARD OF CONTRACT FOR CONSTRUCTION OF THE HIDDEN
CANYON COMMUNITY PARK - CONTRACT NO. 38561-A.
Council Member Kulchin gave a brief background on this project.
Liz Ketabian, Park Planner discussed the different aspects of financing for the park and
the fact that there has been a 20% increase in construction costs.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2004-224, accepting bids and awarding a
construction contract to Griffith Company for the construction of
Hidden Canyon Community Park, and appropriating funds to the
project account.
Lewis, Finnila, Kulchin, Hall and Packard. B: NOES: None.
July 6,2004 Carlsbad City Council Meeting
ORDINANCE FOR INTRODUCTION:
Page 4
10.AB #17.699 -AMENDMENT OF CARLSBAD MUNICIPAL CODE RELATING TO
VESTING TENTATIVE MAPS.
City Attorney, Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Finnila, Council introduced
ORDINANCE NS-710, amending Section 20.17.020 of the
Carlsbad Municipal Code to clarify the procedure for processing
vesting tentative maps as required by the Subdivision Map Act.
Lewis, Finnila, Kulchin, Hall, Packard AYES: NOES: None.
PUBLIC COMMENT: None.
PUBLIC HEARINGS:
11 .AB #17,700 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
Kevin Branca, Assistant Finance Director and Joan Cox, Assessment Engineer from
Harrison Associates presented staff report and reviewed a Power Point presentation
(on file in the City Clerks Office). The report included:
1.
2.
3.
4.
5.
Description of the boundaries of the district.
Description of the maintenance work to be performed.
Review of the Engineer's Report pursuant io the Landscaping and Lighting Act of
1972. ~~
The formula and cost of the maintenance to be assessed.
Statement that no protests had been received.
City Clerk Lorraine Wood announced that proper notice had been given in the manner
and form required by law, and that the appropriate Certificate of Compliance is on file in
the City Clerk's Office.
Mayor Lewis opened the duly noticed public hearing at 6:21 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
6:21 p.m.
ACTION: On a motion by Mayor Pro Tern Finnila, Council adopted
RESOLUTION NO. 2004-225, confirming the diagram and
assessment and providing for the levy of the annual assessment
for Street Lighting and Landscaping District No. 1.
Lewis, Finnila, Kulchin, Hall and Packard. AYES: NOES: None.
July 6,2004 Carlsbad City Council Meeting Page 5
12.AB #17.701 -STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2.
Kevin Branca, Assistant Finance Director and Joan Cox, Assessment Engineer from
Harrison Associates presented staff report and reviewed a Power Point presentation
(on file in the City Clerk's Office). The report included:
1. Description of the boundaries of the district.
2. Description of the maintenance work to be performed.
3. Review of the Engineer's Report pursuant to the Landscaping and Lighting Act of
1972.
4. The formula and cost of the maintenance to be assessed.
5. Statement that no protests had been received.
City Clerk Lorraine Wood announced that proper notice had been given in the manner
and form required by law, and that the appropriate Certificate of Compliance is on file in
the City Clerks Office.
Mayor Lewis opened the duly noticed public hearing at 6:31 pm. 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. 2004-226, confirming the diagram and
assessment and providing for the levy of the annual assessment
for Street Lighting and Landscaping District No. 2.
Lewis, Finnila, Kulchin, Hall and Packard. u: NOES: None.
13.AB #17,702 - ZCA 04-04/LCPA 03-06 -AGRICULTURAL MITIGATION FEE
PROGRAM.
Michael Holzmiller, Planning Director gave a brief background on the local coastal
planning process and the six different coastal plans that exist within the City.
In response to inquiry from Mayor Lewis, Mr. Holzmiller confirmed that the money
collected from the Agricultural Mitigation Fees could be used within any segment of
Carlsbad, and not just the Mello 1 and Mello 2 areas.
Eric Munoz, Sr. Planner presented the staff report and reviewed a Power Point
presentation (on file in the City Clerk's Office).
Council Member Kulchin asked Mr. Munoz to explain the four allowable uses for which
the mitigation funds can be expended.
Mr. Munoz described the allowable uses as follows: 1 .) Coastal and lagoon
environment acquisition, maintenance, management and/or restoration involving wildlife
July 6,2004 Carlsbad City Council Meeting Page 6
habitat or open space preservation; 2.) Purchase, improvement andlor maintenance of
agricultural lands for continued agricultural production, or provision of research activities
or ancillary uses necessary for the continued production of agriculture andlor
aquaculture in the City’s Coastal Zone, including but not limited to farm worker housing;
3.) Restoration and maintenance of beaches for public use including but not limited to:
local and regional and replenishment programs, vertical and lateral beach access
improvements, trails, roadways and other beach-related improvements that enhance
accessibility, parking andlor use; and 4.) Improvements to existing or proposed lagoon
nature centers.
In response to inquiry from Mayor Pro Tem Finnila, Mr. Munoz stated that the proposed
revisions would clarify the existing language regarding allowable uses. He noted that
“aquaculture” was inadvertently left out of Paragraph A, of Section 21.202.060 D, and
should be included.
Council Member Hall asked staff how much money would be in the fund.
Mr. Munoz responded that currently there is approximately $6 million, and the fund will
ultimately total approximately $9 million.
Mayor Lewis opened the duly noticed public hearing at 6:48 p.m. and asked if anyone
would like to speak.
Jackie Stone, 2068 Avenue of Trees, Carlsbad, President of the League of Women
Voters, North County San Diego County spoke in support of establishing housing for
the migrant farm workers. Ms. Stone also stated that the Agenda Bill this evening
solves the issue of who is going to pay, and stated that farm worker housing is an
appropriate use of the funds.
Mary Ann Pollack, 3162 Vista Grande, Carlsbad, spoke in favor of housing for the
migrant farmworkers. Ms. Pollack stated that in addition to the housing she would also
like to see the government follow the law in regards to minimum wage for the migrant
farmworkers.
Michael Wischkaemper, 4039 Sunnyhill Drive, Carlsbad speaking as the Chairperson of
the Carlsbad Farmworker Housing Coordinating Committee. Mr. Wischkaemper
expressed his support for allowing the funds to be used for providing housing for the
migrant farmworkers.
Council Member Kulchin noted that a letter from Mr. Wishckaemper, dated June 30,
2004, was on file with the City Clerk‘s office.
Ken Alfrey, Board Director of the Agua Hedionda Lagoon Foundation asked that
Council consider using a portion of the Agricultural Mitigation funds for the Agua
Hedionda Lagoon Discovery Center.
Eric Larson, 1355 Forest Avenue, Carlsbad came forward to address Council. Mr.
Larson suggested that an emphasis be placed on using the funds to promote and
support agriculture, since the funds were paid by those who had converted agricultural
lands to other uses.
July 6,2004 Carlsbad City Council Meeting Page 7
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 7:07 p.m.
RECESS:
Mayor Lewis declared a recess at 7:08 p.m. Council reconvened at 7:13 p.m. with all
members present.
CONTINUATION OF CITY COUNCIL MEETING:
13. AB #17.702 - ZCA 04-04/LCPA 03-06 - AGRICULTURAL MITIGATION FEE
PROGRAM.
Mayor Pro Tern Finnila suggested that Council hold a workshop to discuss and create
written guidelines regarding how the funds should be spent, timing issues and possible
caps for expenditures, and priorities for qualifying for these funds. She stated that the
Council should establish these policies for the citizens advisory committee to follow.
Mayor Lewis concurred that the matter be discussed at a Council workshop to
determine the size of the committee and its goals. He stated that the members should
be residents of Carlsbad.
City Manager, Ray Patchett stated that a workshop could be scheduled in the next few
months for Council discussion of these issues.
Ron Ball, City Attorney titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-711, approving an amendment to the Zoning
Ordinance to establish the City as administrator of the City’s
Agricultural Mitigation Fee Program and to clarify the allowable
uses of the Program (ZCA 04-04); as amended to include the word
“aquaculture” in paragraph a, of Section 21.202.060D, and,
Council adopted RESOLUTION NO. 2004-227, approving a Local
Coastal Program Amendment (LCPA 03-06), based upon the
findings contained therein, as amended to add the following
wording to Section 3:
“Option 3 - Aqricultural Conversion Mitiqation Fee and Expenditure Plan.
In lieu of the procedures established by subsection B or subsection C of this
section, property may be converted to urban uses upon payment of an agricultural
conversion mitigation fee. The amount of the fee shall be determined by the City
Council at the time it considers a Coastal Development Permit for urban
development of the property. The fee shall not be less than $5,000 nor more than
$10,000 per net converted acre of agricultural land and shall reflect the approximate
cost of preserving prime agricultural land pursuant to the off-site mitigation program
(Option 1). The fees shall be paid prior to the issuance of building permits for the
project. All mitigation fees collected under this section shall be deposited in the City
July 6,2004 Carlsbad City Council Meeting Page 8
of Carlsbad LCP Agricultural Mitigation Fees Program and shall be expended by the
City Council subject to the recommendations of a citizen advisory committee to be
established by it. The intent is not to establish priorities for Program use, but rather
to promote reasonable distribution amongst the allowable uses outlined below. The
advisory committee may also develop procedures for the review of requests. The
City Council shall make all final decisions regarding the use of the funds. The
allowable uses for the Agricultural Mitigation Fees are:
Coastal and lagoon environment acquisition, maintenance,
management andlor restoration involving wildlife habitat, open
space preservation or aquaculture.
Purchase, improvement andlor maintenance of agricultural lands
for continued agricultural production, or for the provision of
research activities or ancillary uses necessary for the continued
production of agriculture andlor aquaculture in the City’s Coastal
Zone, including but not limited to farm worker housing.
Restoration and maintenance of beaches for public use including
but not limited to: local and regional sand replenishment
programs, vertical and lateral beach access improvements, trails,
roadways and other beach-related improvements that enhance
accessibility, parking andlor use.
Improvements to existing or proposed lagoon nature centers.”
u: 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 Special Meeting of the Municipal Water District Meeting
at 728 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis reconvened the remainder of the City Council Meeting at 729 p.m. with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14.AB #17,704 - HISTORIC PRESERVATION COMMISSION APPOINTMENT.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2004-229, appointing Joyce W. Smith to the Historic Preservation
Commission.
AYES: NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard,
July 6,2004 Carlsbad City Council Meeting
COUNCIL REPORTS AND COMMENTS:
Council Members provided updates regarding their various committees.
Page 9
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of July 6, 2004 was adjourned at 7:35 p.m.
Sheila Cobian
Minutes Clerk