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HomeMy WebLinkAbout2004-10-05; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: October 5,2004 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: Dr. Dan Grider of Daybreak Community Church 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 Special Meeting held September 14, 2004. Minutes of the Regular Meeting held September 14, 2004. Minutes of the Joint Special Meeting held September 14, 2004. Minutes of the Special Meeting held September 15, 2004. PRESENTATIONS: Mayor Lewis introduced Peter Gordon, Cultural Arts Manager, who announced that October is recognized as Natural Arts and Humanities Month. Mr. Gordon introduced Jefferson Elementary School students who performed on recorders and sang in celebration of Natural Arts and Humanities Month. Mayor Lewis presented Arts Commissioner, Ron Juncal with a proclamation in recognition of Natural Arts and Humanities Month. Mr. Juncal expressed his gratitude to the Mayor and Council for their commitment to arts within the community. October 5,2004 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #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. I. AB #17,815 -AWARD CONTRACT FOR THE CONSTRUCTION OF THE TRAFFIC SIGNAL AT POINSETTIA LANE AND SNAPDRAGON DRIVE, PROJECT NO. 3882-1. Council adopted RESOLUTION NO. 2004-31 1 , accepting bids and awarding a contract to Lekos Electric, Inc. for the construction of the traffic signal at Poinsettia Lane and Snapdragon Drive, Project No. 3882-1. 2. AB #17,816 - FUNDING FOR COLE LIBRARY HVAC REPLACEMENT DESIGN, CONTRACT NO. FAC 05-01, PROJECT NO. 39421. Council adopted RESOLUTION NO. 2004-31 2, approving the appropriation of additional funds for the Cole Library HVAC Replacement Design, Contract No. FAC 05-01, Project No. 39421. 3. AB #17,817 - ACCEPTANCE OF AVENIDA ENCINAS SEWER REHABILITATION, PROJECT NO. 3451. Council adopted RESOLUTION NO. 2004-31 3, accepting the construction of the Avenida Encinas Sewer Rehabilitation, Project No. 3451 , as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinances. 4. AB #17,818 - REQUEST FOR OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 2004-314, approving out of state travel for one associate engineer to attend a two-day training course on maintaining asphalt pavement, in Las Vegas, Nevada, from December 2-3,2004. 5. AB #17,819 -APPROPRIATION OF FUNDS FOR TWO PUBLIC WORKS PROJECTS. Council adopted RESOLUTION NO. 2004-31 5, appropriating funds from the City Council Contingency Account to fund the cost of installing flashing beacons on Avenida Encinas at the intersection with Portage Way and Marlin Way, and to conduct a computer modeling study of the potential traffic impacts of the removal of barricades on Mira Monte Drive. October 5,2004 Carlsbad City Council Meeting Page 3 6. AB #17,820 -ACCEPTANCE OF DONATION TO THE CARLSBAD CITY LIBRARY. Council adopted RESOLUTION NO. 2004-316, accepting a donation from Peter and Marsha Bertino in memory of his sister, Laura M. Bettino, appropriating the funds to the gifts and bequests fund, and directing an appropriate letter of thanks be sent. 7. AB #17,821- SETTLEMENT OF WORKERS’ COMPENSATION CLAIMS. Council adopted RESOLUTION NO. 2004-31 7, accepting the Compromise and Release authorizing the payment to Larry Johnson for settlement of his Workers’ Compensation Claims. ORDINANCE FOR ADOPTION: 8. AB #I 7,824 - ESTABLISH SPEED LIMIT ON A PORTION OF CALLE BARCELONA. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-722, amending Section 10.44.340 of the Carlsbad Municipal Code to establish a prima facie 40 mile per hour speed limit on Calle Barcelona from the south city limit to its intersection with EL Camino Real. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, and Packard PUBLIC COMMENTS: Michele Levy, 3021 Highland, Carlsbad came forward to address Council. Ms. Levy voiced concerns regarding the lack of timely street sweeping. Ms. Levy also voiced concerns regarding the waste of water and erosion in the library parking lot, trash in the Library landscaping and the usage of electricity in the Library parking lot during hours that the Library was not in operation. Ali Madurowkz, 3599 Cotte Castillo, Carlsbad came forward to address Council. Ms. Madurowkz asked that the City consider sponsoring her in an upcoming National American Miss Pageant. Ms. Madurowkz stated that she needed to raise $2000 by October 23, 2004 by selling advertisements for the program in order to compete at the National Pageant. Kip McBane, 2691 Crest Drive, Carlsbad spoke concerning the removal of, not only dead and ailing but also thriving trees on Crest Drive. Mr. McBane asked that Council implement the policies and procedures established for tree removal. Leslie Williams, 2691 Crest Drive, Carlsbad thanked Council Member Kulchin and Assistant City Manager Frank Mannen for responding to the neighbors concerns regarding the unexpected tree removal on Crest Drive. Ms. Williams suggested that the October 5,2004 Carlsbad City Council Meeting Page 4 City could better spend money to clear away the debris at ground level that is left from S DG &E tree removal com pan ies . Joan Suffredini, 2635 Crest Drive, Carlsbad came forward to address Council. Ms. Suffredini spoke of her surprise to find workers cutting the trees on Crest Drive. Ms. Suffredini also requested that the dead and diseased trees be replaced with eucalyptus of different varieties that are not subject to the same pest that has killed most of the Hosp Grove trees. Jeff Piro, 1898 Forest Avenue, Carlsbad came forward to address Council. Mr. Piro stated that he believes that the tree trimmers were aware they were cutting down not only sick trees but also live trees. Mr. Piro voiced concerns regarding the steep slope on Crest Drive and the effect of the substructure of the root system on the integrity of the street. Mr. Piro asked if staff had considered root and erosion problems if the trees were removed. Alan Recce, 7442 Trigo Lane, Carlsbad came forward to address Council. Mr. Recce thanked Council for their help in the re-alignment of Rancho Santa Fe Road. Mr. Recce stated his property along with other properties in his neighborhood have a 10 foot easement on “old” Rancho Santa Fe Road, and requested that the Engineering Department waive the easements. Mr. Recce gave a map of the location to Assistant City Manager, Frank Mannen. Mayor Lewis confirmed with Mr. Recce that he had written to the Engineering De pa rtmen t requesting the waiver. Mayor Lewis requested that Assistant City Manager, Frank Mannen comment regarding the tree situation on Crest Drive. Mr. Mannen stated the City had placed the tree removal in the Crest Drive area on hold, pending a preliminary meeting with the neighbors that is scheduled for Saturday. Mr. Mannen also explained that there is a plan to restore the health to the trees in Hosp Grove. PUBLIC HEARING: 9. AB #17,822 - EMERALD POINTE ESTATES, GPA 03-05/LCPA 02-02/ZC 02-02. Anne Hysong, Associate Planner presented staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Mayor Pro Tem Finnila asked staff how many of the fourteen homes would actually be within the 65 CNEL (Community Noise Equivalency Levels) airport noise contour. Ms. Hysong responded all of the homes proposed are between the 60 and 65 CNEL contour and that none of them were beyond the 65 CNEL contour. Ms. Hysong also stated that 65 CNEL contour line actually runs through the open space. Mayor Pro Tem Finnila asked if the seller is required to notify the buyer that the homes are located in the 60 to 65 CNEL contour. October 5,2004 Carlsbad City Council Meeting Page 5 Ms. Hysong stated an Avigation Easement is required to be dedicated over the property and that the deeds will show the Avigation Easement. She explained that notices of restriction would also be issued to all residents who purchase the homes. In response to inquiry from Mayor Lewis, staff confirmed that these fourteen homes would be in the direct path of the flights and that there would always be noise impacting the homes. Mayor Lewis stated that he wanted the fact that these homes are in the flight path to be prominent to all future owners of the homes. The applicant, Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad came forward to address Council. Mr. Henthorn stated that the applicant is conditioned to maintain certain signage and notification in prevalent areas within the sales office to disclose the presence of the airport and its noise to the buyers. Mr. Henthorn also stated the applicant is required to mitigate the interior noise levels of the development to 45 decibels or less. He explained that the noise study found that the homes received more noise impact from Palomar Airport Road than from the airport operations, In closing, Mr. Henthorn stated approval of the project would preserve 10. I acres in open space for habitat purposes. Council Member Kulchin inquired how the City could ensure that subsequent owners of this property are made aware of the homes proximity to the airport. Mr. Henthorn answered that the Avigation Easement would be recorded on the property and that each new home owner would receive a copy. Mayor Lewis opened the duly noticed public hearing at 7:02 p.m. and asked if anyone would like to speak. Allison Proctor, 1521 Sapphire Drive, Carlsbad, member of the Board of Directors for the Mar Brisa Community, came forward to address Council. Ms. Proctor inquired about who will maintain the easement on Cobblestone. Dan Sweeney, 1470 Turquoise, Carlsbad, inquired about the size of the homes, whether or not the community would be gated, and if there was any consideration for the security of the existing Mar Brisa pool and recreational vehicle parking lot. Mr. Sweeney also asked if there would be any land allocated for children’s tot lots. Mr. Henthorn stated the easement maintenance would revert to the owner of the property at such time it is developed and that the Emerald Pointe property would be responsible for maintaining the easement. Mr. Henthorn explained that the home sizes would range from 2500sf to 3500sf and that the development would not be gated. October 5,2004 Carlsbad City Council Meeting Page 6 Regarding the question of tot lots, Mr. Henthorn replied that this is a large lot subdivision and there would be plenty of room on site for recreational opportunities. Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public hearing at 7:07 p.m. Council Member Hall requested that the Assistant City Attorney explain how the Avigation Easements would be passed on to future homeowners. Jane Mobaldi, Assistant City Attorney, explained that an Avigation Easement is recorded in the County Recorders office on the title of a property. She explained that every time the property is sold a title search would be done and the easement would show on the title, and notice would be given to the prospective buyer. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-723, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a zone change from L-C, R-I and 0-S to R-1-10,060 and 0-S on property generally located south of Palomar Airport Road between Aviara Parkway and Cobblestone Drive in Local Facilities Management Zone 20; and, Council adopted RESOLUTION NO. 2004-318, adopting a Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment GPA 03-05 and Local Coastal Program Amendment LCPA 02-02. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, and Packard ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND MUNCIPAL WATER DISTRICT Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Municipal Water District at 7:20 p.m. with all members present ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Municipal Water District at 7:21 p.m. with all members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Municipal Water District Meeting, and reconvened the remainder of the City Council Meeting at 7:21 p.m. with all members present. October 5,2004 DEPARTMENTAL AND CITY MANAGER REPORTS: Carlsbad City Council Meeting Page 7 11. AB #17,823 - PRESENTATION ON PROPOSITIONS IA AND 65. Joseph Garuba, Senior Management Analyst, presented the staff report and reviewed a Power Point presentation (on file in the City Clerk’s office), including an overview of Propositions 1A and 65. Council Member Kulchin asked what would happen if both Propositions passed. Mr. Garuba responded that the Proposition with the most votes would take precedence. Council discussion ensued regarding the state budget and its impacts on local govern men t . Mayor Lewis expressed support for Proposition 65. Council Member Packard asked Council to take no position on Proposition 65 and support Proposition 1A instead. Mr. Packard stated that he felt that 1A is a compromise of Proposition 65 and that having one of the measures to pass would be better than having neither pass. Council Member Hall supported the Mayor’s position in support of Proposition 65. Council Member Kulchin concurred with Mr. Hall’s comments, and spoke in support of Proposition 65. Mayor Pro Tem Finnila spoke in support of both Propositions 1A and 65 and concurred with Mr. Packard that getting the compromise measure 1A to pass would be better than having neither pass. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2004-320, expressing support for Proposition 65, in the November 2004 election, to protect local revenue. AYES: Lewis, Kulchin, and Hall NOES: Finnila 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. October 5,2004 Carlsbad City Council Meeting Page 8 ADJOURNMENT: By proper motion, the Regular Meeting of October 5, 2004 was adjourned at 7:49 P.m. n City Clerk Sheila Cobian Minutes Clerk