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HomeMy WebLinkAbout2007-07-24; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 24, 2007 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Pro Tern Kulchin called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Kulchin, Hall, Packard and Nygaard. Absent: Lewis. CONSENT CALENDAR: ACTION: On a motion by Council Member Hall, Council affirmed the action of the Consent Calendar, Items #1 through #11 as follows: AYES: Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Lewis. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.095-ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2007-188. accepting a donation from Mr. and Mrs. Harry Labensky for the Fire Department Emergency Medical Services Fund. 2. AB #19.096 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2007-189. approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids to upgrade the Heating, Air Conditioning and Ventilation system at City Hall, Contract No. FAC 07-02. 3. AB #19.097 - FINAL MAP FOR LA COSTA OAKS NORTH NEIGHBORHOOD 3.1. Council adopted RESOLUTION NO. 2007-190. approving the Final Map for La Costa Oaks North Neighborhood 3.1, CT 05-14, and authorizing the map to be recorded. 4. AB #19.098 - FINAL MAP FOR LA COSTA OAKS NORTH NEIGHBORHOOD 3.3. Council adopted RESOLUTION NO. 2007-191. approving the Final Map for La Costa Oaks North Neighborhood 3.3, CT 05-15, and authorizing the map to be recorded. July 24, 2007 Carlsbad City Council Meeting Page 2 5. AB #19.099 - FINAL MAP FOR LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 AND 3.5. Council adopted RESOLUTION NO. 2007-192. approving the Final Map for La Costa Oaks North Neighborhoods 3.4 and 3.5, CT 05-16, and authorizing the map to be recorded. 6. AB #19.100 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2007-193. approving the plans and specifications for the construction of the Poinsettia Lane and Black Rail Road Traffic Signal, and authorizing the City Clerk to advertise for bids, Project No. 3939-1. 7. AB #19.101 - OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2007-194. approving out of state travel for one Public Works Supervisor to attend training at the American Public Works Congress in San Antonio, Texas. 8. AB #19.102 - OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2007-195. approving out of state travel for one Engineering Department staff member to attend the annual Hansen Network 2007 Conference in Las Vegas, Nevada. 9. AB #19.103 - ACCEPTANCE OF DONATIONS. Council adopted RESOLUTION NO. 2007-196. accepting donations from Ms. Judy Ledesma and Mr. Ron Ball during Fiscal Year 2006-07, for the purchase of park memorial benches. 10. AB #19.104 - TERMINATING THE DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2007-197. terminating the existence of a local emergency for the damage to The Crossings at Carlsbad Golf Course. 11. AB #19,105 - MERGING OF SPECIAL COUNSEL PROVIDING LEGAL SERVICES. Council adopted RESOLUTION NO. 2007-198. authorizing the continued legal services of Alhadef and Solar, LLP who have merged with the law offices of Buchanan, Ingersoll and Rooney, LLP as Special Counsel for the Carlsbad Desalination Facility. ORDINANCE FOR INTRODUCTION: 12. AB #19.106-AMEND CARLSBAD MUNICIPAL CODE REGARDING SUMMARY ABATEMENT PROCEDURES. City Attorney Ron Ball titled the Ordinance. July 24, 2007 Carlsbad City Council Meeting Page 3 ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE NO. 850. amending Title 6 of the Carlsbad Municipal Code by the addition of Chapter 6.16.150 regarding Summary Abatement Procedures. AYES: Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Lewis. ORDINANCE FOR ADOPTION: 13.AB #19.107 - ESTABLISH MEASUREMENT FOR SEWAGE GENERATED FROM THEME PARKS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. 849. revising Chapter 13.10.020 of the Carlsbad Municipal Code to establish a measurement for sewage generated from theme parks. AYES: Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Lewis. PUBLIC COMMENT: A representative from Policewatch.org spoke in support of mandatory electronic monitoring devices for law enforcement personnel. PUBLIC HEARING: Council concurred to hear Item No. 15 prior to Item No. 14. 15.AB #19.109 - KELLY/JRM OFFICE BUILDING. Senior Planner Van Lynch requested that Council continue this item to a later date to allow staff to meet a 45-day noticing requirement to CalTrans that was not completed. Linda Johnson, Manager of the Compatibility Planning Process for the Airport Authority, came forward to address Council. She informed Council that Sections 21670 through 21679 of the Public Utilities Code state that when a local jurisdiction chooses to overrule a compatibility determination of the Airport Authority, the jurisdiction is required to notify the Airport Authority and the Caltrans Division of Aeronautics 45 days in advance of taking action. She added the Airport Authority received the notice, but CalTrans did not. July 24, 2007 Carlsbad City Council Meeting Page 4 City Attorney Ron Ball concurred with Ms. Johnson's references to the Public Utilities Code regarding the 45 day noticing requirement. ACTION: On a motion by Council Member Hall, Council approved continuing this item to the meeting of September 18, 2007 to allow for the requirement of the 45 day notice. AYES: Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Lewis. 14.AB #19.108 - AMEND CARLSBAD MUNICIPAL CODE REGARDING RESPONSIBILITY FOR MAINTENANCE AND REPAIR OF SEWER LATERALS. Mark Stone, Deputy Public Works Director and Cari Dale, Public Works Manager, gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Ms. Dale reported that there are approximately 22,000 sewer laterals in the Carlsbad sewer service area. She stated there were approximately 20-25 stoppages or overflows on an annual basis. Ms. Dale explained that requiring residents in the Carlsbad sewer service areas to maintain their sewer laterals would bring the City's policies consistent with the Los Vallecitos Water District and the Leucadia Wastewater District that also serve Carlsbad. In response to an inquiry by Council Member Hall, City Attorney Ron Ball stated that the property line runs to the center of the street which is encumbered by right-of-way easement by the City for transportation and utilities; however, each individual property or deed may be different. Council Member Hall asked how a homeowner handles a stoppage issue caused by a tree maintained by the City within the easement. City Attorney Ron Ball responded that the Ordinance does not address this issue. He explained that these types of issues will be handled on a case-by-case basis by the City's Risk Manager. Council Member Hall stated he was concerned about the compliance between the City's tree policy and this Ordinance. He asked if there could be a review of the City's tree policy. City Attorney Ron Ball stated the City's tree policy could be reviewed due to the changes made by this proposed Ordinance. In response to a further inquiry from Council Member Hall, Mr. Ball said the tree policy can be adjusted to comply with the Ordinance; the Ordinance, because of state requirements, should not be adjusted to comply with the City's tree policy. July 24, 2007 Carlsbad City Council Meeting Page 5 In response to an inquiry from Council Member Nygaard, Mr. Stone explained that reporting an overflow or stoppage to the Regional Quality Control Board is a requirement of the agencies that have responsibility for sewer overflows within their districts, and not the homeowner. In response to an inquiry from Mayor Pro Tern Kulchin, Ms. Dale said of the 19 entities the City surveyed regarding maintenance of sewer laterals, 17 do not maintain the sewer laterals in their areas. Mayor Pro Tern Kulchin opened the duly noticed Public Hearing at 6:35 p.m. Barbara Beebe, 6706 Clover Court, Carlsbad came forward to address Council. She said she received a letter from the City in 1998 telling homeowners the City was not maintaining sewer laterals. Ms. Beebe explained she was concerned about soil compaction issues, invasive tree roots and a lack of missing lateral parts that were discovered during a recent camera inspection. She stated the expense to repair these issues was at $100,000 and that the City could be responsible for a portion of the maintenance. In response to an inquiry by Council Member Hall, Ms. Beebe replied the streets in her subdivision are private. Mayor Pro Tern Kulchin closed the duly noticed Public Hearing at 6:38 p.m. City Attorney Ron Ball explained to Ms. Beebe that she could file a claim with the City. Mayor Pro Tern Kulchin read from a letter from Mr. Jack Kubota (on file in the Office of the City Clerk) requesting additional time to review the matter. In response to an inquiry from Council Member Hall, City Clerk Lorraine Wood stated the adoption of Ordinance No. NS-851 would be brought before Council on August 7, 2007. She added that the Ordinance would be published and would go into effect thirty days from the date the Ordinance is adopted. Citizens wishing to address Council on this matter could do so at the August 7, 2007 meeting. Council Member Hall asked City Manager Ray Patchett when the Council could review the City's tree policy. Mr. Patchett said the review of the City's tree policy could be presented to Council in the near future. City Attorney Ron Ball titled the Ordinance. July 24, 2007 Carlsbad City Council Meeting Page 6 ACTION: On a motion by Council Member Hall, Council introduced Ordinance No. NS-851, amending Title 13, Chapter 13.04 of the Carlsbad Municipal Code regarding the responsibility for maintenance and repair of sewer laterals; and to allow additional public testimony during the August 7, 2007 meeting; and that the City's tree policy be reviewed by Council at a future Council meeting. AYES: Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Lewis. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT. Mayor Pro Tern Kulchin adjourned to the Joint Special Meeting of the City Council and Carlsbad Municipal Water District at 6:44 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Pro Tern Kulchin adjourned the Joint Special Meeting of the City Council and Carlsbad Municipal Water District at 6:45 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 17.19.110 - APPROVAL OF PURCHASE AGREEMENTS FOR WETLAND MITIGATION CREDITS. Deputy City Engineer David Hauser gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Council Member Packard asked who would bear the burden of increased maintenance costs if the state or any of the responsible resource agencies were to change the standards of maintenance for these wetland areas. Mr. Hauser stated that the bank owner bears the burden until the property is turned over to a long-term management group on-site who is then responsible for the maintenance. He added that the City is not buying an obligation under the banking instrument. Council Member Packard also asked if there was a timeline in which additional credits need to be used. Mr. Hauser explained that there is currently no specific timeline. He added that, in the future, when the City's drainage maintenance program is fully undertaken, there will be a need for more credits. Mr. Hauser said that sewer and drainage projects have the largest impacts on habitat mitigation. Council Member Hall asked if the City inspects the land to ensure its condition and to verify that there is no invasive plant life. July 24, 2007 Carlsbad City Council Meeting Page 7 Mr. Mauser explained that the mitigation work was completed on the site before the agreement was in place with the agencies. He said that this is not the City's responsibility. Council Member Hall asked who was responsible if something were to go wrong when the property is turned over to the long term maintenance group. Mark Rohrlick of Wesmark Development Corporation and Barry Jones of Sweetwater Enviornmental came forward to address Council. Mr. Jones, 7578 La Mesa Boulevard, La Mesa, told Council it was important to understand that what the City was purchasing were credits from the bank, not property or obligations of the bank. In response to an additional question from Council Member Hall, Mr. Rohrlick responded that it is not the obligation of the Wesmark Corporation to ensure that the agencies will accept the use of the credits for the City's particular project. Mr. Jones added that it was up to the buyer of the credits to work with the agencies to ensure that the agencies accept the credits. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2007-200. approving two agreements with Westmark Development Corporation for the purchase of wetland mitigation credits from the North County Habitat Bank and appropriating funds. AYES: Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Lewis. 18.AB #19.111 - APPOINTMENT TO THE PROPOSITION D CITIZENS LIAISON COMMITTEE. Council Member Hall nominated Pat Kurth from the Northeast Quadrant to be appointed to the Proposition D Citizens Liaison Committee. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2007-201. appointing Pat Kurth, to represent the Northeast Quadrant on the Proposition D Citizens Liaison Committee. AYES: Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: Lewis. July 24, 2007 Carlsbad City Council Meeting Page 8 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: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Saturday, July 28, 2007 at 8:00 a.m. The Crossings at Carlsbad Trail Dedication Ceremony 5800 Hidden Valley Road, Carlsbad, California Saturday, July 28, 2007 at 10:00 a.m. The Crossings at Carlsbad Golf Course Dedication 5800 Hidden Valley Road, Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of July 24, 2007 was adjourned at 7:15 p.m. LORRAINE M. WOOD, CMC City Clerk Sherry Freisinger Deputy Clerk