HomeMy WebLinkAbout2001-06-12; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: JUNE 12,200l
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent:
Lewis, Kulchin, Finnila, Nygaard and Hall.
None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, Minutes of the following meeting were
unanimously approved as presented:
Minutes of the Regular Meeting held May 8, 2001.
PRESENTATIONS:
Mayor Lewis announced that the City of Carlsbad recently won American Society of
Civil Engineering Awards for Outstanding Civil Engineering Project for Cannon Road
Bridges and Faraday Avenue Extension. Mayor Lewis introduced Sherri Howard,
Associate Engineer, who was Project Manager on both projects. Mayor Lewis
presented the two awards to Ms. Howard.
Mayor Lewis presented a proclamation to Assistant Library Director Geoffrey Armour,
Assistant Library Director, declaring June 1 l-l 7, 2001 “Carlsbad Historic Preservation
Week”. Council Member Finnila read the names of the Third Grade Art Contest
Winners who were presented certificates.
CONSENT CALENDAR:
ACTION: On a motion by Council Member Kulchin, Council affirmed the
action of the Consent Calendar, Items #I through # 4 as follows:
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard and Hall,
None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
June 12,200l Carlsbad City Council Meeting Page 2
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4.
AB # 16,215 - AUTHORIZAITON TO ADVERTISE FOR BIDS FOR THE
INSTALLATION OF A CONTAINMENT ENCLOSURE FOR THE EMERGENCY
CHLORINE SCRUBBER SYSTEM AT THE CARLSBAD SWIM COMPLEX,
CONTRACT NO. FACOI-11.
Council adopted RESOLUTION NO. 2001-161, approving plans and
specifications, and authorizing the City Clerk to advertise for bids for the
installation of a containment enclosure for the emergency chlorine scrubber
system at the Carlsbad Swim Complex, Contract No. FACOI-1 1.
AB #16,216 -AMENDMENT TO THE CONTRACT FOR BUILDING PLAN CHECK
SERVICES WITH ESGIL CORPORATION.
Council adopted RESOLUTION 2001-162, approving an amendment to the
agreement with Esgil Corporation for building plan check services.
AB #16,217 -APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
LEARNSOFT CONSULTING, INC. FOR TECHNICAL TRAINING SERVICES.
Council adopted RESOLUTION NO. 2001-163, approving a Professional Services
Agreement with LearnSoft Consulting, Inc. to provide technical training to city staff.
AB #16.218 - ESTABLISHMENT OF 2001-02 SPECIAL TAX FOR COMMUNITY
FACILITIES DISTRICT NO. 1.
Council adopted RESOLUTION NO. 2001-164, establishing the 2001-02 special
tax for the Community Facilities District No. 1.
ORDINANCES FOR ADOPTION:
5. AB #16,219 - GPA 00-08 - DESIGNATION OF A CITY PARK SITE WITHIN THE
CARLSBADRESEARCHCENTER.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE
NO. NS-585, amending the Carlsbad Research Center Specific Plan (SP
180-E) to Designate a park Site on the South East Corner of Camino Hills
Drive and Faraday Avenue in Local Facilities Management Zone 5 and
Amend Signage Requirements.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
6. AB #16,220 - REQUIREMENT OF SPECIAL WARNING SIGNS ON ICE CREAM
TRUCKS AND PROHIBITION OF VENDING FROM ICE CREAM TRUCKS IN
CERTAIN CIRCUMSTANCES.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE
NO. NS-587 amending Chapter 8.32 of the Carlsbad Municipal Code to
Require Warning Signs on Ice Cream Trucks and Prohibit Vending From
Ice Cream Trucks in Certain Circumstances.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
June 12,200l Carlsbad City Council Meeting Page 3
NOES: None.
7. AB #16,221 - REVISION OF THE DENSITY PER DWELLING UNIT OF THE
PARKLAND DEDICATION FORMULA TABLE.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE
NO. NS-588, amending Section 20.44.040 of the Carlsbad Municipal
Code to Revise The Density per Dwelling Unit of the Parkland Dedication
Formula Table.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
PUBLIC COMMENT:
Fred Arbuckle, 6963 El Camino Real, Suite 103, President of Morrow Development,
read a prepared statement (not on file in the City Clerk’s Office) regarding Box Canyon.
He said there have been many trespassers on the property and security has been
increased. Due to the recent tragedy, Mr. Arbuckle said it is important that everyone
understand that the Box Canyon area is private property and anyone found on the
Villages of La Costa property will be cited.
Connie Beardsley, Arts Manager, announced that the first in the series of 10 Jazz in the
Park concerts will be held on June 22 at Stagecoach Park.
PUBLIC HEARING:
8. AB #16,222 - KELLY RANCH GPA OO-09/ZCA OO-06/CT 97-16(A)/HDP 97-
17(A/CDP 97-43(A)/SDP 98-04(A)/CDP 98-66(A)/SDP 98-l 8(A)/CDP 98-70(A)
Citing a potential conflict of interest, Council Member Kulchin left the dais at 6:26 p.m.
Christer Westman, Associate Planner, and Skip Hammann, Senior Civil Engineer,
presented the staff report and the Errata Sheet dated June 12, 2001 (on file in the City
Clerk’s Office) showing amendments to Ordinance No. NS-589 and Resolution No.
2001-I 65. Staff also reviewed correspondence from the California Coastal
Commission dated June 11, 2001 (on file in the City Clerk’s Office) regarding “Local
Coastal Program Amendment (LCPA) 2-99D-Kelly Ranch Confirmation re: Water
Quality Issue”.
Mr. Westman and Mr. Hammann reviewed the legislative action Council is required to
take to reduce density in Planning Area A and change the zoning in Planning Area F
(Agua Hedionda Lagoon) from Office to Open Space.
Council discussion ensued regarding the lift station and Condition No. 58 on Page 14 of
Planning Commission Resolution No. 4963. Mr. Westman said that analyses of needs
and sites have begun and at this time Lot 82 is the preferred location. He noted that
the lift station issue needs to proceed through the public hearing process.
June 12,200l Carlsbad City Council Meeting Page 4
Mayor Lewis opened the duly noticed public hearing at 6:47 p.m. and asked if anyone
wished to speak on this matter.
Larry Clemens, representing Kelly Land, 2011 Palomar Airport Road, said this project
would provide the extension of Cannon Road to El Camino Real. He said they will
dedicate the land and perform the grading for the road. Mr. Clemons said a sewer lift
station is needed in this quadrant and Lot 82 is a good location. He spoke in support of
the amendments contained in the Errata Sheet.
Mayor Lewis asked about the grading permits and if the applicant would provide the
right-of-way and Lot 82. Mr. Clemons said there would be a no-fee title change for Lot
82 until the sewer lift station permits are issued, but that the land for the road would be
dedicated when the grading permit is issued.
Sharon Doyle, 2372 Merlin Drive, representing the residents of her development said
they were told that the lift station would be 2,200 feet from the development. She
expressed concern that the EIR and soil reports show that Lot 82 has a large potential
for landslide occurrences. Ms. Doyle said that the residents feel that the lift station will
be too close to “Canterbury” and are concerned about the use of chemicals and other
health issues associated with the lift station. Ms. Doyle said that the residents were not
properly notified of the public hearing, and that 81 notices went to Shea Homes and
others were mailed to government agencies. She asked that the project not be
approved until the EIR is updated and the neighbors’ concerns are addressed.
Larry Clemens, representing Kelly Land, responded that the public notices were
provided in accordance with the city’s requirements and utilizing the latest title company
information. He noted that the actual siting of the pump station would require a
separate public hearing and Ms. Doyle’s concerns should be addressed at that time.
Seeing no one else wishing to speak, the Mayor closed the public hearing at 7:02 p.m.
Bill Plummer, Deputy City Engineer, responded to Council and said there are 17
existing lift stations in the city, that chemicals are used only for odor control, and there
have been no safety issues. He stated that many of the stations are adjacent to
existing homes, and in order to select a site for this proposed station, an EIR and public
hearing are required.
Council Member Finnila noted that the city notices everyone within 600 feet of projects,
which is greater than state requirements.
Mayor Lewis said that the residents of Shea Homes have concerns regarding the
lift station and should receive notice of the next public hearing.
Council Members Hall and Nygaard spoke in support of the project. Council Member
Finnila concurred. She asked that correspondence dated June 11, 2001 from Sherilyn
Sarb, District Manager, of the California Coastal Commission to Gary Wayne, Assistant
Planning Director, City of Carlsbad, be entered the record. (This correspondence is on
file in the City Clerk’s Office.
June 12,200l Carlsbad City Council Meeting Page 5
ACTION: On a motion by Council Member Finnilal Council introduced ORDINANCE
NO. NS-589, amending title 21, Section 21.203.040 of the Carlsbad
Municipal Code to Modify Regulations Relating to Coastal Resource
Protection, as amended to include the revised wording, identified on Page
3 of the Errata Sheet, dated 6/12/01 from the Planning Department, to be
consistent with the original language of the suggested modifications
adopted by the California Coastal Commission for LCPA 97-09, July 11,
2000.
AYES:
NOES:
ABSENT:
ACTION:
Lewis, Finnila, Nygaard, and Hall.
None.
Kulchin.
On a motion by Council Member Finnila, Council adopted RESOLUTION
NO 2001-165, adopting a Negative Declaration, and approving
Amendments to Previously Approved Discretionary Actions Taken by the
City of Carlsbad on the Kelly Ranch “Core Area” Reducing the Number of
Single Family Residential Lots by Seven, Reducing the Number of
Apartment Units by 43, Relocating Future Day Care and Recreational
Vehicle Storage Areas, Establishing Modified Open Space Preservation
Areas, Amending the Carlsbad Zoning Ordinance to Modify Regulations
Relating to Coastal Resources, and Amending the General Plan Land Use
Map on Property Generally Located South of Cannon Road and East of
Faraday Avenue in Local Facilities Management Zone 8; as amended to
incorporate the wording contained in the Errata Sheet dated 6/12/01, from
the Planning Department, on file in the City Clerk’s Office.
AYES: Lewis, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: Kulchin.
RECESS
Mayor Lewis declared a recess at 7: 13 p.m.
RECONVENE AND ADJOURNMENT TO CMWD MEETING
Council reconvened at 7:19 p.m. and immediately adjourned to the Special Meeting of
the Carlsbad Municipal Water District with all Board Members present.
RECONVENE TO COUNCIL MEETING
President Lewis reconvened to the City Council Meeting at 7:22 p.m. with all Council
Members present.
9. AB #16,223 -AMENDMENT OF ORDINANCE PERTAINING TO THE
DISPOSAL OF LOST AND UNCLAIMED PROPERTY
June 12,200l Carlsbad City Council Meeting Page 6
Ruth Fletcher, Purchasing Officer, presented the staff report explaining the need to
provide for the electronic auction of lost and unclaimed property in accordance with
state requirements.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE
NO. NS-590, amending Section 3.30.070 of the Carlsbad Municipal Code
to provide for the Electronic Auction of Lost and Unclaimed Property.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
10. #16,244 - 2001-02 OPERATING BUDGET WORKSHOP.
Lisa Hildabrand, Director of Finance and Cheryl Gerhardt, Senior Account; presented
the staff report, including an overview of the preliminary operating budget, the budget
process, and estimated revenues.
Lloyd Hubbs, Director of Public Works, continued the presentation, explaining the public
works operating budget requests and the details of the proposed new Storm Water
Protection Program, which will meet the requirements of NPDES. He explained the
cost of the new program ($1.9 million), which includes the addition of 5.5 positions (2
maintenance workers, 1 engineering technician, 2 environmental specialists, .5
business systems specialist).
Frank Mannen, Assistant City Manager, presented the staff report regarding
transportation, parks, and open space. Regarding park development, Mr. Mannen
explained that the City currently has a large number of active CIP projects in order to
provide facilities required by the Growth Management Program. He also explained the
requests for addition of 4 positions ( 2 park planners, 1 senior planner, 1 senior civil
engineer) to assist with park and trails projects, and the request for 1 position related to
transportation projects (City Engineer).
Council Member Nygaard inquired if the plans for Alga None park include a swimming
pool, and was assured by staff that it does.
Council Member Finnila asked that the e-mail from the Friends of Carrillo Ranch, Inc.
supporting the addition of two full-time park planners, be included in the record (Copy
on file in the City Clerk’s Office).
Mayor Lewis commented regarding future funding for park CIP projects, the projected
shortfall in PFF funding for these projects, and the possibility of placing a measure on
the ballot in 2002, to allow for an exception to the Proposition H expenditure limitation.
Debbie Fountain, Housing and Redevelopment Director; continued the staff report
reporting on Community Development, quality of life and managing growth. She
reported on the second redevelopment area (South Carlsbad), and the creation of the
citizen advisory committee for the project. She explained that a team with members
from Planning, Finance, and Public Works will review growth potential in the city, and
the Growth Management dwelling unit cap. She also explained the request for 1
additional position (senior planner) and .5 FTE position (planner).
June 12,200l Carlsbad City Council Meeting Page 7
Police Chief Jim Hawks continued the report explaining the Police Department
operating budget and request to add 3 positions (1 patrol officer, 1 traffic officer, and 1
senior police officer), in order to maintain the current level of safety services. He also
noted that these positions will be funded from the block budget.
Fire Chief Dennis Van Der Maaten reviewed the Fire Department operating budget. He
noted that additional funding was added to the department budget for implementation of
the Automatic External Defibrillator (AED) Program, which will place the devices
throughout City buildings and recreation areas,
Jim Elliott, Administrative Services Director, reviewed administrative issues, including
financial health and performance management. He noted the request for funding for
expansion of the DMS (Phase 3) to additional internal users and for provision of public
access at city facilities, and explained that Records Management is now an Internal
Service Fund department. He also noted the budget requests for funding for the 50th
Anniversary Celebration and the continuation of the Citizens Academy.
Ms. Gerhardt explained fund types and gave a brief comparison of the 2000-01 budget
to the proposed budget, by major service area. She also described two new requests
as follows: 1.) Request from Palomar Transportation, Inc. regarding the Free Pal
Shuttle Service from June through August. Ms. Gerhardt stated that the City’s share for
this service would be $7,680, and outlined options for considering the request; and. 2.)
Request from the City Attorney’s Office for a full time Office Specialist II position. Ms.
Gerhardt noted that the cost will be funded from the block budget.
Ms. Gerhardt then described proposed fee changes, including aquatic fees, video and
DVD rental fees and cost recovery fees, and Master Plan Amendment fees.
Michael Farrar, Palomar Transportation, Inc., 4747 Maria Drive, spoke in support of his
request that the City contribute $7,680 to the free summer service. In response to
Council, he said that the Grand Palisades, Best Western and Amtrack are contributing
their financial support.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council accepted the staff report
and set the public hearing for June 19, 2001.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
11. AB #16,225 - AMENDMENT OF TITLE I, CHAPTER 1 .I 0, TO ALLOW FOR
ADMINISTRATIVE REMEDIES FOR VIOLATIONS OF THE CARLSBAD
MUNICIPAL CODE
Damien Brower, Deputy City Attorney, presented the staff report, explaining the
recommendation to provide for administrative, rather than criminal, remedies for Code
Enforcement violations,
June 12,200l Carlsbad City Council Meeting Page 8
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE
NO. NS-591, Amending Title 1 of the Carlsbad Municipal Code by adding
Chapter 1 .I 0 Providing for Administrative Code Enforcement Remedies.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2001-167, Amending the Master Fee Schedule to Establish
Administrative Citation Penalties.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
12. AB #16,226 -AMENDMENT OF TITLE 6.03.010 OF THE CARLSBAD
MUNICIPAL CODE REFLECT AMENDMENTS TO THE SAN DIEGO COUNTY
CODE OF REGULATORY ORDINANCES AND TO ADOPT REGULATIONS
RELATED TO HAZARDOUS MATERIAL INVENTORY AND RESPONSE
PLANS.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE
NO NS-592, Amending, in its entirety, Section 6.03.010 of the Carlsbad
Municipal Code to reflect amendments to the san Diego County Code of
Regulatory Ordinances and to Adopt, by Reference, Regulations Related
to Hazardous Material Inventory and Response Plans; and setting the
Public Hearing For July 26, 2001.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
13. AB #16,227 -ZONE 19 COMMUNITY PARK MASTER PLAN AND RESULTS
OF ADDITIONAL PUBLIC INPUT.
Mark Steyaert, Park Development Coordinator, and John Cahill, Municipal Projects
Manager, presented the staff report. They explained staffs belief that there is not
sufficient room at Zone 19 Park for tennis courts, and the tennis courts at Poinsettia
Park are adequate. Staff is recommending that the potential interim use of the
community center site be in the form of another group picnic area with an adjacent
additional passive area.
John Strayer, 2001 Cima Court, founder of the La Costa 35 Athletic Club, spoke of the
overcrowded fields at Stagecoach Park, and the need for additional baseball, soccer
and multi use fields.
Council concurred that staff should to find a way to install half basketball courts at the
site.
June 12,200l Carlsbad City Council Meeting Page 9
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2001-166 approving the Zone 19 Community Park Master Plan and
Directing Staff to proceed with Entitlement and Design of the Project,
including the inclusion of additional half-court basketball courts and multi
use fields.
AYES:
NOES:
Lewis, Kulchin, Finnila, Nygaard, and Hall.
None.
COUNCIL REPORTS AND COMMENTS:
Council Member Hall reported on attendance at the Innovation Group in Dublin, Ohio.
Council Member Finnila said that tomorrow night the Planning Commission Special
Meeting would be held at the Senior Center regarding the Sign Ordinance.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Wednesday, June 13, 2001, Planning Commission Special Meeting, Senior Center, 799
Pine Avenue.
Wednesday, June 13,2001, 5:30 p.m., Budget Workshop for Citizens at 1635 Faraday
Avenue
ADJOURNMENT:
By proper motion, the Regular Meeting of June 12, 2001 was adjourned at 9:44 p.m.
Respectfully submitted,
LORRAINE M. WOOD
City Clerk
Janice Breitenfeld
Deputy City Clerk