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HomeMy WebLinkAbout2001-11-13; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 13,200l 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: Absent: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Saturday, November 17,200l - 6:30 p.m. Carlsbad Company Stores Tree Lighting Ceremony 5620 Paseo Del Norte Carlsbad, California Sunday, November 18,200l - 6:00 p.m. Westfield Works Wonders 2001 Plaza Camino Real 2525 El Camino Real Carlsbad, California Sherri Howard, Associate Engineer, announced that the City had received an award from the Women’s Transportation Seminar. Ms. Howard presented the award to the Mayor. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #I and #2, 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. November 13,200l CITY COUNCIL MEETING Page 2 1. AB #16,426 -APPLICATION FOR GRANT FUNDS FROM THE CARLSBAD LIBRARY LITERACY SERVICE. Council adopted RESOLUTION NO. 2001-338, authorizing the Carlsbad City Library to apply for a grant from the California Library Literacy Service. 2. AB #16,427 - FOXES LANDING SEWER LIFT STATION UPGRADE PROJECT NO. 36561. Council adopted-RESOLUTION NO;-2001-339;raccepting the construction of the Foxes Landing Sewer Lift Station Upgrade, Project No. 36561, as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. PUBLIC COMMENT: Judy Brooks, a resident of San Marcos, a member of the County Board for HIV Prevention Planning, announced that November is HIV Awareness Month. She spoke about trends in HIV cases and the importance of prevention planning. Mary Crowley, 333 Chestnut Avenue, Oceanside, President of the League of Women Voters, spoke of the importance of coordinating transportation and land use. She said her organization is concerned that development is occurring without special attention to public transportation. Ms. Crowley said that planning guidelines for public transportation need to be submitted simultaneously with the development’s design. PUBLIC HEARING 3. AB #16,428 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING AND APPROPRIATION OF FUNDS Lynn Diamond, Senior Management Analyst, presented the staff report. In response to Council, she described the membership of the advisory board and said the membership changes each year. Mayor Lewis opened the duly notice public hearing at 6:15 p.m. and asked if anyone would like to speak on this matter in any way. No one asked to be heard, so the Mayor closed the public hearing at 6: 15 p.m. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-340, accepting specific projects for funding under the Department of Justice Local Law Enforcement Block Grant Funding. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER BOARD MEETING: Mayor Lewis adjourned to the Meeting of the Carlsbad Municipal Water District Board at 6:15 p.m. November 13,200 1 CITY COUNCIL MEETING ADJOURMENT TO THE CITY COUNCIL MEETING Page 3 President Lewis adjourned the Board Meeting at 6:21 p.m. to the remainder of the City Council meeting. Mayor Lewis and all four Council Members were present. DEPARTMENTAL AND CITY MANAGER REPORTS 4. AB #16,429 -ACCEPT BIDS AND AWARD CONTRACT FOR SIDEWALKS, STREET LIGHTING AND MEDIAN LANDSCAPING ON ALGA ROAD FROM EL CAMINO REAL TO EL FUERTE PROJECT NOS. 3560,3616 AND 3637 Marshall Plantz, Senior Civil Engineer, presented the staff report. In response to Council, he said that the City will be responsible for the landscape maintenance on this project. Mr. Plantz also described the improvements west of Corte Casitas. Mr. Plantz said he would find out when the improvements to the other side of Corte Casitas would begin. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-341, accepting bids and awarding the construction contract for sidewalks, street lighting and median landscape on Alga Road from El Camino Real to El Fuette, Project Nos. 3560, 3616 and 3637 to Terra-Cal Construction, Inc. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. 5. AB #16,430 - ENERGY CONSERVATION PLEDGE AND STATUS REPORT. Julie Ross, Management Analyst, presented the staff report. She described the energy program efforts used by the City facilities to achieve the goal to reduce electricity use by up to 15%. Council Member Finnila asked that a copy of the agenda bill and supporting documents be sent to Kurt Kammerer, Executive Director of the San Diego Regional Energy Office. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-342, approving the energy conservation pledge to reduce electricity use by up to 15% from last year’s usage and authorizing the City manager to execute on behalf of the City. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. RECESS Mayor Lewis declared a recess at 6:42 p.m. Council reconvened at 6:45 p.m. with the Mayor and all four Council Members present. November 13,200 1 CITY COUNCIL MEETING Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS (CONTINUED) 6. AB #16,431- MONROE STREET/SUNNYHILL DRIVE/ALDER AVENUE PROPOSED ALL-WAY STOP. Bob Johnson, Deputy City Engineer, presented the staff report. He said that if an all-way stop is established, staff recommends that a five-foot wide pedestrian pathway be constructed on the-southwest cornerof,the intersection-by relocating the existing asphalt berm closer to the center of the street. Mr. Johnson said that this work can be performed by city forces. Pamela Wischkaemper, 4039 Sunnyhill, said she was a member of the Street and Sidewalk Committee and spoke of the need for a stop sign and pedestrian pathway. In response to Council, Mr. Johnson explained that neighbors can get together, concur upon an alternative street design and approach staff with the request for a sidewalk instead of a pedestrian pathway. Drs. Paul and Sharon Slowick, 3960 Sunnyhill, said they support the all-way stop and a pedestrian pathway rather than installation of curb, gutter and sidewalk at the intersection of Monroe Street/Sunnyhill Drive/Alder Avenue. In response to Council, Mr. Johnson said he would send a copy of the Traffic Calming Program and the Street and Sidewalk Committee Report the Doctors Slowick and Ms. Wischkaemper. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-609, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops at the Monroe Street/Sunnyhill Drive/Alder Avenue Intersection; and, That a five-foot wide pedestrian pathway be constructed on the southwest corner of the intersection by relocating the existing asphalt berm closer to the center of the street. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 7. AB #16,432 - UPDATE ON THE ERADICATION OF CAULEWA TAXlFOLlA FROM AGUA HEDIONDA LAGOON Eric Munoz, Senior Planner, said that in June, 2000 the detection of Caulerpa Taxifolia, an algae, occurred in Agua Hedionda. Since that time, a multi-agency task force was formed, Southern California Caulerpa Action Team (SCCAT), to eradicate Caulerpa Taxifolia in Agua Hedionda and also in Huntington Harbor, where Caulerpa Taxifolia was recently discovered. Mr. Munoz introduced Bill Pasnocus, California Department of Fish and Game; Bob Hoffman, National Green Fishery Service; Bruce Posthumus, Chair of Southern California Caulerpa Action Team (SCCAT), who is also a staff member of the San Diego Regional Water Quality Control Board. Mr. Munoz said they were present to initiate community outreach efforts with the City of Carlsbad. November 13,200 1 CITY COUNCIL MEETING Page 5 Bruce Posthumus, Chair of SCCAT, gave a brief update on SCCAT’s efforts over the past year to eradicate Caulerpa Taxifolia. He said that the California Department of Fish and Game is the state lead agency on the eradication of the Caulerpa Taxifolia infestations and National Green Fishery Service is the federal lead agency. Mr. Posthumus said that Lars Anderson, representing the United States Department of Agriculture, was unable to attend this meeting due to the closure of the Sacramento Airport this afternoon. Mr. Posthumus explained SCCAT’sconcern that recreationatactivities on the Agua Hedionda Lagoon may interfere with efforts to eradicate Cauleqa Taxifolia. He said the concerns have to do with safety of workers and the unintentional spreading of Caulepa Taxifolia. For these reasons, Mr. Posthumus said that SCCAT believes that temporary closure of Agua Hedionda Lagoon’s recreational activities is appropriate. Mr. Posthumas said that SCCAT is requesting the City’s assistance in conducting community outreach to discuss a range of options and provide information on the eradication. He said that SCCAT will provide a report to Council on the community outreach effort and in cooperation with city staff, SCCAT would provide an outline of the proposed procedure for reopening the Agua Hedionda Lagoon. Ms. Posthumus said SCCAT is also requesting a future Council agenda item for Council to consider taking action regarding the algae. Mr. Posthumus said that funding for eradication of Caulerpa Taxifolia in the Agua Hedionda Lagoon has been exhausted and additional funding is being pursued. Mr. Posthumus presented a brief history of Caulerpa Taxifolia in Agua Hedionda and said that the form of Caulerpa Taxifolia found in Southern California is a genetic clone of the Mediterranean strain and has potential harm to the coastline and the natural resources of Baja California, Southern California, Northern California and even further north. Mr. Posthumus explained previous attempts to eradicate the Caulerpa Taxifolia in the Agua Hedionda Lagoon. He said that patches of Caulerpa Taxifolia have been found outside the Snug Harbor area in Agua Hedionda Lagoon. Mr. Posthumus said these patches are believed to have been missed during the initial investigation because Caulerpa Taxifolia needs to reach a certain size before it is detectible. Mr. Posthumus said that the tarp treatments have appeared to be successful in the treated areas. In response to Council Member Hall, Mr. Posthumas said SCCAT staff has developed a prioritized list in Southern California where surveillance for Caulerpa Taxifolia will be performed. He said that the area where sand from has been deposited from the dredging activity in the Agua Hedionda Lagoon is a high priority area. In response to Council, Mr. Posthumas explained the procedure for surveying the Agua Hedionda Lagoon. Mr. Posthumas also said that most of the Cauletpa Taxifolia found in the Huntington Harbor has been found in semi-enclosed ponds that are separated from the Harbor. There have been a few small patches found outside those areas and where there is not much tidal movement. Mr. Posthumas said that eradication efforts, similar to those used in Agua Hedionda, are being used in Huntington Harbor. November 13,200 1 CITY COUNCIL MEETING Page 6 In response to Council, Ron Ball, City Attorney, presented a brief history of the city working with various agencies on the Agua Hedionda Lagoon. He also reviewed a brief history of the ownership of the Lagoon. He said that City leases the lagoon from Cabrillo Power, who now holds legal title. Mr. Ball said in the 1980’s, the State Attorney General, State Lands Commission and the State Department of Boating and Waterways determined that the Agua Hedionda Lagoon is a navigable waterway. Mr. Ball said that the State Department of Boating and Waterways administers the navigable waterways through the Harbors and NavigationsCode. . Mr. Ball said that-the State Legislature has delegated limited jurisdiction to local agencies, including the City of Carlsbad, to regulate navigable waterways. Mr. Ball said that the City can regulate, but not prohibit the use of the lagoon. Mr. Ball said the State that can make special rules and regulations governing the use of boats on navigable waterways. The City can not, without permission of the State, do the same. John Nash, 4605-A Cove Drive, a resident of Bristol Cove, said he is the Vice President and acting Chair of the Bristol Cove Homeowners’ Association. He said they do not support closing the lagoon and suggested that limiting the lagoon’s use might be a better alternative. Mr. Nash said they want to keep Agua Hedionda a navigable waterway. Herb Papenfuss, 4593 Cove Drive, expressed frustration that the neighbors have not been included in discussions with SCCAT regarding the eradication efforts. He said the neighbors want to participate in the studies and that the neighbors feel that closing the Lagoon will not solve the Caulerpa Taxifolia problem. Mayor Lewis reiterated that the owner of the Lagoon is Cabrillo Power Plant and the State of California claims water rights. Leon Stemen, 4665 Park Drive, said over the past year he has attended meetings regarding Caulerpa Taxifolia and he feels the eradication results have been positive. He spoke of the importance of SCCAT and the public keeping an open line of communication. Jim Petterson, 4747 Marina Drive #IO, said he is a Board Member on his Home Owner’s Association spoke of the importance of SCCAT meeting with the neighbors. Mr. Petterson said that the neighbors support eradication efforts, but do not feel that water activities on the lagoon is a detriment to eradication. Hudson Glover, 4629 Park Drive #B, asked that the Lagoon not be closed. Roxanne Rusing, 4310 Brooks Way, owner of California Water Sports, said she has tried unsuccessfully to communicate with SCCAT. She expressed frustration that she and the neighbors are not notified when divers will be in the water thereby creating a dangerous situation. Ms. Rusing expressed opposition to the potential closing of Agua Hedionda Lagoon. In response to Council, she expressed opposition to the closing of the lagoon for 60 days. Don Gilliland, 4747 Marina Drive #17, said that divers should remain in the roped-off areas in the Lagoon. He suggested that watercraft not be allowed in the water when the divers are performing their surveillance. Mr. Gilliland noted that the boat drives the divers backwards in the water, which causes the silt to become disturbed. November 13,200l CITY COUNCIL MEETING Page 7 Joan Jackson, 1120 Chinquapin Avenue, representing the League of Coastal Protection, said the lagoon should be closed temporarily so that the Caulerpa Taxifolia can be eradicated. Keith Mahler, 4617 Cove Drive #I, opposed the closing of the lagoon. He suggested that SCCAT form a subcommittee of the neighbors and offered his services. Bob Garrett, said he lives along the shoreline of Agua Hedionda and asked how SCCAT would address the Cau/erpa.Taxifo/ia.problem,-if.Cau/erpa Taxifolia were found in the ocean outside the lagoon. Council Member Kulchin said that written correspondence regarding Caulerpa Taxifolia been received from Captain Bob Payne and Thomas A. Frey (on file in the Office of the City Clerk). In response to Council, Mr. Posthumus said if Caulerpa Taxifolia were found in the ocean, SCCAT would need to analyze the situation to determine the best eradication approach. Mr. Posthumus also explained SCCAT’s funding sources. In response to Council, Mr. Posthumus said that regrowth of Caulerpa Taxifolia has been found around the edges of treated areas in the lagoon. Mr. Posthumus said that SCCAT would like to work with the city, meet with the community and explain the Caulerpa Taxifolia situation in more detail and explore alternatives to closing the lagoon. Council Member Hall suggested that the lagoon be closed for 30 days to assist in the eradication of Caulerpa Taxifolia. However, Council concurred that it is important to have flexibility. Council concurred that community based workshops are needed with SCCAT to discuss the Caulerpa Taxifolia problem. Council reiterated that the City of Carlsbad does not own Agua Hedionda Lagoon. ACTION: On a motion by Council Member Kulchin, Council directed staff to work with SCCAT to hold community workshops and encouraged the pursuance of funding opportunities to eradicate Caulerpa Taxifolia. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. Ray Patchett, City Manager said that staff would co-host the meetings, but SCCAT will conduct the community outreach. Council concurred and said that SCCAT should be responsible for notifying residents of the community outreach meeting dates and time. RECESS Mayor Lewis declared a recess at 8:20 p.m. Council reconvened at 8:25 p.m. with Mayor Lewis and all four Council Members present. November 13,200l CITY COUNCIL MEETING Page 8 DEPARTMENTS AND MANAGER REPORTS (CONTINUED) 8. AB #16,433 - CITYWIDE TRAILS PROGRAM Ken Price, Recreation Director; Don Rideout, Principal Planner; and Joe Garuba, Management Analyst, made a Power Point Presentation (not on file in the Office of the City Clerk). Staff explained public and private trails; circulation element trails and recreation trails. Staff displayed maps of existing and future trails illustrating paved and unpaved trails. Staff discussed Implementation issues, liability issues, general plan amendments and costs. Mr. Price explained that in September, the Trails Team made a presentation to the Parks and Recreation Commission, which was approved by the Commission. The Trails Team’s recommendations including the use of volunteers; consider creating an endowment fund; converting the existing private trails to public trails as soon as possible; and, incorporating horse trails into the existing trails plan. Mr. Price said that staff is recommending the consideration of horse trails on a case-by-case basis. In response to Mayor Lewis, Mr. Rideout said that none of the trail segments would be designated as a horse trail, if the trail crossed an arterial road. Mr. Rideout also said that in an area where a horse trail would be recommended, the horse trail would be either a separate trail or else the trail would be especially wide to accommodate bicycles, pedestrians and horses. In response to Council, Mr. Rideout said staff would coordinate efforts between the City and the developers; bring the trail plan to the Parks and Recreation Commission; and, work with home owners’ association. Mr. Rideout said the overall design network of the trail system has been prepared and now the City is waiting for development projects to fill in the gaps of the trail system. However, in the meantime, the City could use funding from a community facilities district or general funds to complete missing links of the trail system. In response to Council, Mr. Garuba said that staff is currently investigating different options on how to best interact with volunteers whose services might be used in maintaining the trail system. In response to Council, Mr. Rideout explained access easements, which would be obtained by the City to provide public access to public trails. He noted that some type of environmental document for the trail system would need to be prepared. Brittany, 3825 Highland Drive, spoke in support of equestrian trails. Gary Hill, 3289 Donna Drive, said there is only ten and half miles that will need to be installed by the City, and those trails already exist as old farming roads and easement roads. He said from his experience with trails in other parts of San Diego County, the only maintenance required on trails is weed removal. Mr. Hill said that only certain types of trails are appropriate for horses and equestrian use needs to be considered on a case-by-case basis. Mr. Hill said that people who use trails in other parks of San Diego County are very polite and safety conflicts with horses, bicycles and pedestrians seldom occur. Mr. Hill November 13,200l CITY COUNCIL MEETING Page 9 suggested that loop trails might be more appropriate for equestrian use. In response to the Mayor, he said that horses cross arterial roads in San Marcos. Ruth Wheeler, 2031 Charlene Circle, spoke of the need for horse trails in Carlsbad. She also distributed and reviewed information regarding horse industry statistics (not on file in the Office of the City Clerk’s Office). She said that some of the combined use trails she has seen indicate which use yields to other uses. Ms. Wheeler suggested that equestrians pay a user fee for-the. trails and-that-the-funds be used for-maintaining the trails. Allison Greene, 3296 James Drive, spoke in support of combined use trails. Patrick Ball, 2303 Brookhaven Pass, Vista, said he is an advocate for volunteers for trail maintenance. He also spoke of the importance of marketing efforts to gather volunteers for the trail system. Bruce Cowan, 926 Grivetta Court, suggested that a volunteer subcommittee be formed to work with staff on trail issues. He spoke of the importance of trails. Leslie Humphrey, 4705 Marina Drive, #2; Tim Barlow, 3004 Sunny Creek Road; Jeff Stemmerman, 3620 Pontiac Drive; Fran Agliata, 4745 Gateshead Road; Sharon McClellan Decking, 4079 Skyline Road; Christa Clavier Houts, 4043 Sunnyhill Drive; Gary Agliata, 4745 Gateshead Road; Scott Chasin, 4705 Marina Drive; spoke in support of equestrian trails. Ross Barber, 5592 El Camino Real, said trails are needed for bikes, horses and pedestrians. Linda Jansen, 359 Flower Lane, Vista Beth Stoops, 2935 Gariota Place spoke in support of trails for all users. Carol Stennerman, said she enjoys living in Carlsbad. Council Member Hall spoke in support of combined use trails and said that volunteers should be used to maintain the trails. He suggested that Council send the funding issue back to staff for a recommendation. Council Member Nygaard spoke in support of trails and said that equestrian use should be considered on a case-by-case basis. She concurred to send the funding issue back to staff for a recommendation. Mayor Lewis said he supported looking at equestrian use on a case-by-case basis. ACTION: On a motion by Council Member Kulchin, Council received and accepted the report on the Citywide Trails Program; and Directed staff to select a preferred funding method and to return to Council with a recommendation and then to prepare and submit documents as needed for implementation; and, November 13,200l CITY COUNCIL MEETING Page 10 Directed staff to prepare a General Plan Amendment, environmental document, and other planning documents necessary to implement the Citywide Trails Program. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. COUNCIL REPORTS AND COMMENTS: Council Member Hall noted that correspondence sent to Council without a return address will not be opened. Council Member Kulchin said that the sand project received the Coastal Project of the Year Award. Mayor Lewis said he would attend the Encina Wastewater Authority Board of Directors Meeting tomorrow morning. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of November 13, 2001, was adjourned at 9:46 p.m. Deputy City Clerk