HomeMy WebLinkAbout2007-04-24; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 24, 2007
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Nygaard.
Absent: None.
APPROVAL OF MINUTES:
Council Member Nyggard abstained from approval of the minutes due to her absence from the
meetings of April 10 and 12, 2007.
On a motion by Mayor Pro Tem Kulchin, minutes of the following meeting were
approved as presented:
Minutes of the Regular Meeting held April 10, 2007.
Minutes of the Special Meeting held April 12, 2007.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Parks Superintendent Kyle Lancaster in recognition
of Arbor Week, April 23 through April 27, 2007.
Public Works Director Glenn Pruim invited Council and the residents of Carlsbad to Pine Park
for Arbor Day Festivities on Saturday, April 28, 2007
Mayor Lewis presented a Retirement Proclamation to Lynda Jones for her many years of
service to the City of Carlsbad.
CONSENT CALENDAR:
Item Nos. 2, 6 and 7 were pulled for discussion.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the
Consent Calendar, Items #1, #3 through #5, #8 and #9 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
April 24, 2007 Carlsbad City Council Meeting Page 2
1. AB #18,965 - REQUEST TO PURCHASE AFFORDABLE HOUSING CREDITS.
Council adopted RESOLUTION NO. 2007-083. approving a request by BNR
Investment and Development LLC, to purchase four affordable housing credits in the
Villa Loma Housing Project to satisfy the affordable housing obligation of the Romeria
Point Condominiums and Resort View Townhomes Project under the City's Inclusionary
Housing Ordinance.
2. AB #18.966 -ACCEPTANCE OF DONATION.
This item was pulled for discussion.
3. AB #18.967 - ASSESSMENT DISTRICT NO. 2003-01 (COLLEGE BOULEVARD AND
CANNON ROAD EAST).
Council adopted RESOLUTION NO. 2007-085. accepting the amended and restated
final Engineer's Report describing the proposed changes to Assessment District No.
2003-01; setting the matter for a public hearing, and ordering the initiation of
assessment ballot proceedings.
4. AB #18.968 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2007-086. accepting the construction on the
Forest Avenue Horizontal Directional Drill (HDD) Gravity Sewer Pipeline, Project No.
3495 as complete, and directing the City Clerk to record the Notice of Completion.
5. AB #18.969 - EASEMENT VACATIONS.
Council adopted RESOLUTION NO. 2007-087. summarily vacating an irrigation and
landscape maintenance easement over lots 28-31, 41, 48-50, and 52-59, of CT 76-03
as dedicated per CT 76-03, County Map No. 8583, and summarily vacating a public
utility and tree planning easement over lots 28-31, 40, 41, 48-50, 52-59 and 89-100 of
CT 76-03, County Map No 8583, as dedicated on CT 72-20, Map No. 7950.
6. AB #18.970 - APPROVAL OF MEMORANDUM OF UNDERSTANDING.
This item was pulled for discussion.
7. AB #18.971 - REQUEST FOR QUALIFICATIONS/PROPOSALS.
This item was pulled for discussion.
8. AB #18.972 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2007-090. approving the plans and specifications
and authorizing the advertisement for bids for the purchase and installation of 18 traffic
signal battery backup systems.
9. AB #18.973 - ANNEXATION OF TERRITORY TO STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 2.
Council adopted RESOLUTION NO. 2007-091. ordering the annexation of territory to
Street Lighting and Landscaping District No. 2, Zone 9, and confirming the levy of
annual assessments.
DISCUSSION OF CONSENT CALENDAR ITEMS:
2. AB #18.966 - ACCEPTANCE OF DONATION.
April 24, 2007 Carlsbad City Council Meeting Page 3
Arts Manager Peter Gordon gave a brief overview of the types of programs that benefit from
the donation received from the Carlsbad Library and Arts Foundation.
Alan Marblestone, Treasurer of the Carlsbad Library and Arts Foundation, came forward to
address Council. Mr. Marblestone invited the Council and citizens of Carlsbad to participate in
the Castles of Carlsbad Spring Home Tour on May 5, 2007. He stated that additional
information could be obtained on the internet at www.castlesofcarlsbad.com or by calling 760-
602-2060.
As a Foundation Member, Council Member Nygaard stated that she could not vote on this
item due to a potential conflict of interest.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO.
2007-084. accepting a donation from the Carlsbad Library and Arts Foundation.
AYES: Lewis, Kulchin, Hall, and Packard.
NOES: None.
ABSENT: Nygaard.
6. AB #18.970 -APPROVAL OF MEMORANDUM OF UNDERSTANDING.
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy
spoke in support of establishing a Master Plan for the Carlsbad Fire Department.
Rick Fisher, President of the Carlsbad Firefighter's Association, 1509 Alta Vista Drive, Vista,
came forward to address Council. Mr. Fisher thanked the Council and Human Resources staff
for their work in establishing the Memorandum of Understanding being considered.
Human Resources Director Julie Clark presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Ms. Clark stated that the Memorandum of Understanding, if approved, will provide a 3.5%
salary increase to all sworn fire personnel.
Ms. Clark also stated that all cities in San Diego County that have a fire department were
included in the salary survey prepared by the Human Resources Department.
In response to an inquiry from Mayor Pro Tem Kulchin, Ms. Clark confirmed that Carlsbad
typically benchmarks itself against the same cities when administering surveys.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO.
2007-088. approving a Memorandum of Understanding with the Carlsbad
Firefighters' Association, Inc.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
April 24, 2007 Carlsbad City Council Meeting Page 4
7. AB #18.971 - REQUEST FOR QUALIFICATIONS/PROPOSALS.
Council Member Hall requested that the Council consider appointing two Planning
Commissioners to assist with the implementation of the comprehensive updates.
The Council concurred to discuss appointing the Commissioners at an upcoming Council
Workshop.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO.
2007-089. approving the preparation and content of a Request for
Qualifications/Proposal (RFQ/RFP) from listed consulting firms to prepare a
comprehensive update to the City's General Plan, Local Coastal Program, and
Zoning Ordinance, including a Program Environmental Impact Report.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCE FOR INTRODUCTION:
10. AB #18.974 - AMEND CARLSBAD MUNICIPAL CODE.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO.
NS-839. amending Sections 1.16.010 and 1.16.020 of the Carlsbad Municipal
Code, that provide time limits for judicial review of decisions made by the city, its
commissions, boards, officers or agents, to make them consistent with state law.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCES FOR ADOPTION:
11 .AB #18.975 - LEUCADIA WASTEWATER DISTRICT (LWD) SITE IMPROVEMENT
Assistant City Attorney Jane Mobaldi titled the Ordinances.
Council Member Nygaard stated that she would abstain from voting on this item due to the fact
she was not present during the introduction of the Ordinances.
April 24, 2007 Carlsbad City Council Meeting Page 5
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-
837. amending Section 21.05.030 of the Carlsbad Municipal Code by an
amendment to the Zoning Map to grant a Zone Change, ZC 05-09, from General
Commercial to Public Utility on property located on the north side of La Costa
Avenue between El Camino Real and Viejo Castillo Way in Local Facilities
Management Zone 6; and,
Adopted ORDINANCE NO. NS-838. approving a Precise Development Plan,
POP 05-01, to allow removal and/or modification of existing facilities and
construction of new improvements for the Leucadia Wastewater District.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSTAIN: Nygaard.
ABSENT: None.
PUBLIC COMMENT:
Lynette Belsley, Emily Belsley, Katie B. and Bridget R. came forward to address Council. The
girls presented Council with a petition (on file in the Office of the City Clerk) requesting that
Buena Vista Elementary School remain open.
John Yawusiak, 1847 Peniro De Camas Road, Bonsall, provided Council with a letter from
Californians for Population Stabilization (on file in the Office of the City Clerk). Mr. Yawusiak
expressed concerns relating to immigration control.
Michele Levy, 3021 Highland Drive, Carlsbad, suggested that the city-owned building formerly
known as the Farmers Insurance building, be sold and the funds from the sale be used to
build Community Centers.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD PUBLIC FINANCING
AUTHORITY.
Mayor Lewis adjourned to the Special Meeting of the Carlsbad Public Financing Authority at 6:52
p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Carlsbad Public Financing Authority and
reconvened the City Council Meeting at 7:31 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12.AB #18.976 - CONTINUED STATE OF LOCAL EMERGENCY.
Public Works Director Glen Pruim provided an update on the Buena Vista Lagoonsewer spill
stating that the leak detected on April 1, 2007, was repaired and the sewer system now operates
as intended. He said the City has stopped pumping water out of the lagoon, adding that 42
million gallons of lagoon water was removed and treated through the Encina sewer system. Mr.
April 24, 2007 Carlsbad City Council Meeting Page 6
Pruim also informed Council that with the concurrence of the Department of Fish and Game,
aerating the lagoon water has stopped because the oxygen levels have returned to normal. He
added that approximately 1700 fish and four birds died as a result of the spill.
Mr. Pruim said that an analysis is ongoing regarding the damaged section of pipeline to
determine the cause of failure. He added that the preliminary report points to failure due to
external corrosion because of a tear in the outer liner. Mr. Pruim said the preliminary report
states there is no indication that the damage went beyond that location.
Mr. Pruim stated the technical report required by the Regional Water Quality Control Board was
prepared jointly by the Cities of Vista and Carlsbad and was submitted by the deadline of April
23, 2007.
Mr. Pruim requested that Council continue the Declaration of a Local Emergency to allow staff to
enter into contracts in an expedited manner. He also asked Council to appropriate an additional
$250,000, explaining that to date, costs are estimated at $600,000 and the $150,000 remaining
will provide contingency funds should additional monitoring, testing or mitigation efforts be
required.
Council Member Hall asked if a camera or other methods could be used to test this sewer line
periodically.
Mr. Pruim responded that because this sewer line is a force main operating under pressure,
using a camera is difficult and could also cause an overflow of sewage into the lagoon. Mr.
Pruim added that the sewer pipe is located 16 feet below surface and is impossible to visually
inspect unless it is dug up thereby damaging the outer liner.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO.
2007-092. declaring a continued state of local emergency and appropriating
additional funds from the Sewer Capital Replacement Fund to pay for the
emergency repair to the Vista Carlsbad Sewer Reach 4 at Buena Vista Lagoon.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
This item was continued from the Regular Meeting of April 17, 2007.
13.AB #18.964 - PLANNING COMMISSION APPOINTMENTS.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2007-081. re-
appointing Marty Montgomery to the Planning Commission; and,
Adopted RESOLUTION NO. 2007-082. appointing Sondra Boddy to the Planning
Commission.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
April 24, 2007 Carlsbad City Council Meeting Page 7
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: City Clerk Lorraine Wood announced that Council has been invited and
may attend:
Friday, April 27, 2007 at 6:00 p.m.
Carlsbad Chamber of Commerce Education Awards
La Costa Resort and Spa
2100 Costa Del Mar Road
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of April 24, 2007, was adjourned at 7:45 p.m.
Sheila R. Cobian
Deputy City Clerk