HomeMy WebLinkAbout2004-10-26; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: October 26,2004
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.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Finnila, minutes of the following meeting were
unanimously approved as presented:
Minutes of the Regular Meeting held September 28, 2004.
CONSENT CALENDAR:
Items No. 1 & 2 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Item #3 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.
AB #I 7,855 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE EL
CAMINO REAL TRAFFIC SIGNAL IMPROVEMENTS - PROJECT NO. 3899-1.
This item was pulled for discussion.
AB #17.856 - MEMORANDUM OF UNDERSTANDING FOR OFFSITE
CONSERVATION EASEMENT FOR CARLSBAD .OAKS NORTH INDUSTRIAL
PROJECT (CT 97-1 3).
This item was pulled for discussion.
October 26,2004 Carlsbad City Council Meeting Page 2
3. AB #17.859 -APPROVAL OF A DEDICATION OF UNDERGROUND EASEMENT -
PROJECT NO. 3888.
Council adopted RESOLUTION NO. 2004-343, approving the dedication of an
underground electric easement to San Diego Gas and Electric Company for
service to the Carlsbad/Encina Joint Use Facility.
DISCUSSION OF CONSENT CALENDAR ITEMS:
1. AB #I 7,855 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE EL
CAMINO REAL TRAFFIC SIGNAL IMPROVEMENTS - PROJECT NO. 3899-1.
Mayor Pro Tem Finnila commented that this agenda item, if approved, would facilitate a
positive change at the intersections near Plaza Camino Real and Highway 78. She
explained that the signals at Hosp Way, Marron Road and Plaza Drive would work
together to assist with the flow of traffic.
Mayor Pro Tem Finnila stated that the cost of the signalization project would be
approximately $1 million and that the money would come from the local Transnet funds.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-340, approving plans and specifications
and authorizing the City Clerk to advertise for bids for the
construction of the El Camino Real traffic signal improvements at
the intersections of Hosp Way, Marron Road and Plaza Drive,
Project 3899-1.
AYES:
NOES: None.
Lewis, Finnila, Kulchin and Hall.
2. AB #17,856 - MEMORANDUM OF UNDERSTANDING FOR OFFSITE
CONSERVATION EASEMENT FOR CARLSBAD OAKS NORTH INDUSTRIAL
PROJECT (CT 97-13).
Gary Hill, 3289 Donna Drive, Carlsbad came forward to address Council. Mr. Hill hi-
lited three points regarding the Conservation Easement from the County of San Diego.
0 The Carlsbad Citywide Trail system has a planned trail across the
property. It is the only north / south trail connection in the eastern part of
the City.
0 There are current and historical foot trails across the property that go from
the utility easement road to the north through the property to the location
of the future Faraday Road connection.
0 The Conservation Easement's deed conveyance, terms, conditions and
restrictions in paragraph 3F allows for the maintenance of existing foot
trails. Mr. Hill requested that the City work with the Center for Natural
Lands Management to provide for the maintenance of the existing foot
trails .
October 26, 2004 Carlsbad City Council Meeting Page 3
Mayor Pro Tem Finnila stated that the following paragraph would be added as a
condition to the Quitclaim Deed of Conservation Easement:
‘I . . .and subject to the right, but not the obligation,
to audit upon reasonable notice the Endowment Fund.
If there are insufficient Endowment Funds to maintain
the property in perpetuity or if the principal of the Endowment
Fund is being reduced unreasonably, then the Conservation
Easement and all remaining Endowment Funds shall revert to
the Grantor.”
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-341, authorizing the City Manager to sign
the Memorandum of Understanding with the County of San Diego,
Techbilt, and the Center for Natural Lands Management (CNLM),
authorizing the City Manager to accept the Conservation Easement
on a portion of the County-owned land, as further described herein,
and approving the execution of a Quitclaim of the Conservation
Easement to the Center for Natural Lands Management; and
The following paragraph would be added as a condition to the
Quitclaim Deed of Conservation Easement:
‘I . . .and subject to the right, but not the obligation,
to audit upon reasonable notice the Endowment Fund.
If there are insufficient Endowment Funds to maintain
the property in perpetuity or if the principal of the Endowment
Fund is being reduced unreasonably, then the Conservation
Easement and all remaining Endowment Funds shall revert to
the Grantor.”
AYES: - NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
ORDINANCES FOR ADOPTION:
4. AB #17,860 - ESTABLISH STOP CONTROL ON UNNAMED PRIVATE STREET IN
CAR COUNTRY CARLSBAD.
City Attorney, Ron Ball titled the Ordinance.
October 26, 2004 Carlsbad City Council Meeting Page 4
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-728, amending Title IO, Chapter 10.28 of
the Carlsbad Municipal Code to require a stop on the unnamed
private street located in Car Country Carlsbad at its intersection
with Paseo Del Norte.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, and Packard
5. AB #I 7,861 - TABATA RESIDENTIAL SUBDIVISION - ZC 03-05.
City Attorney, Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-729, amending Section 21.05.030 of the
Carlsbad Municipal Code by an Amendment to the Zoning Map to
grant a Zone Change from Limited Control (L-C) to One-Family
Residential (R-I) and Open Space (OS) on a 5.64 acre site
generally located on the east side of Black Rail Road, south of
Poinsettia Lane in Local Facilities Management Zone 20.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, and Packard
6. AB #I 7.862 - PALOMAR POINTE - ZC 04-03.
City Attorney, Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-730, amending Section 21.05.030 of the
Carlsbad Municipal Code by an Amendment to the Zoning Map to
grant a Zone Change, AZ 04-03, from Planned Industrial to
Planned Industrial and Open Space on property generally located
southeast of College Boulevard, southwest of Aston Avenue, and
north of McClellan-Palomar Airport and east of the future Carlsbad
Municipal Golf Course in Local Facilities Management Zone 5.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall, and Packard
PUBLIC COMMENTS:
None.
PUBLIC HEARINGS:
None.
October 26,2004 Carlsbad City Council Meeting Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. AB #17,857 - PRESENTATION ON THE IMPACT OF THE TRAIN HORNS.
Max Rabii, 41 1 Chestnut, Carlsbad, voiced concerns pertaining to the impacts of train
horns and the litter problem and graffiti near the Chestnut Avenue community within
Carlsbad.
Mr. Rabii distributed a petition and handouts (on file in the City Clerks office) to Council
regarding his request to make the railroad crossing at Chestnut Avenue a Quiet Zone
and suggestions for limiting the amount of litter in the neighborhood on Chestnut
Avenue.
Bob Johnson, Deputy City Engineer stated that in December of 2003 the Federal
Railroad Administration (FRA) issued interim final rules regarding establishment of
Quiet Zones. However, the rules are not scheduled to go into effect until December 18,
2004.
Mayor Pro Tem Finnila confirmed with Mr. Johnson that the City would be required to
assume the liability for safety if Council were to establish the Quiet Zones prior to the
FRA’s rules being in effect.
Mayor Lewis asked Mr. Johnson to return to Council with all of the data regarding
problems along the rail lines once the final rules from the FRA have been established.
Mayor Lewis also directed the City Manager to review Mr. Rabii’s suggestions regarding
cleaning up the area along Chestnut Avenue.
Mayor Pro Tem Finnila thanked Mr. Rabii for his efforts in cleaning the area along
Chestnut Avenue.
8. AB #17,858 - PUBLIC WORKS DEPARTMENT SERVICE PLAN UPDATE.
Lloyd Hubbs, Public Works Director presented the staff report and reviewed a Power
Point presentation (on file in the City Clerks office). Mr. Hubbs introduced the
following members of the Public Works Department who would be presenting the Public
Works Department Service Plan Update:
0 Clayton Dobbs, Street Maintenance Worker II
0 Stephanie Harrison, Business Systems Specialist
0 Linda Kermott, Public Works Manager
Mr. Hubbs described the four Pilot Programs that the Public Works Department has
implemented as a direct result of the Public Works Service Plan Update. The four Pilot
Programs addressed were Block Pruning, Park Restroom Maintenance, Street Striping
and School Field Maintenance.
October 26,2004 Carlsbad City Council Meeting Page 6
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-342, accepting the Public Works
Department Service Plan Update as presented.
- AYES: - NOES: None.
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:
ADJOURNMENT:
By proper motion, the Regular Meeting of October 26, 2004 was adjourned at 7:lO p.m.
in honor and memory of former Council Member Dick Chick.