HomeMy WebLinkAbout2002-07-23; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: July 23, 2002
TIME OF MEETING: 6:OO p.m. PLACE OF 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: Lewis, Nygaard and Hall
Absent: Kulchin and Finnila.
ANNOUNCEMENTS
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Thursday, July 25, 2002 - 6:OO p.m.
Carlsbad Triathlon & Seaside Celebration Kick-Off Event
Grand Pacific Palisades
5805 Armada Drive
Carlsbad, California
Sunday, July 28, 2002 - 7:OO a.m.
Carlsbad Triathlon
Tamarack State Beach
Carlsbad, California
Monday, July 29, 2002 - 500 p.m.
Arts Manager Welcome Event
Carlsbad Library
1775 Dove Lane
Carlsbad. California
Wednesday, July 31,2002 - 5:30 p.m.
Acura Tennis Classic Event
La Costa Resort
2100 Costa Del Mar Road
Carlsbad, California
Friday, August 2, 2002 - 4:OO p.m.
City of Carlsbad Employee Picnic
Poinsettia Park
6600 Hidden Valley Road
Carlsbad, California
July 23,2002 Carlsbad City Council Meeting Page 2
PRESENTATION:
Jill Prichard, Recreation Area Manager and Elena Coenen-McGuire, Administrative
Assistant, Special Events Department briefed Council on The 2002 Triathlon and
related activities.
CONSENT CALENDAR:
Item Nos. 6 and 9 were pulled for discussion. Council concurred to return Item No. 10
to staff.
ACTION: On a motion by Council Member Nygaard, Council affirmed the
action of the Consent Calendar, Items #I through #IO, with the
exception of Item #6 and #9 and returning Item #IO to staff, as
follows:
m: Lewis, Nygaard and Hall. NOES: None.
ABSENT: Kulchin and Finnila.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #16.824 -ACCEPTANCE OF GRANT.
Council adopted RESOLUTION NO. 2002-210, accepting an Agricultural
Program Grant from the Resource Conservation District of Greater San Diego
County.
2. AB #16,825 - FLOWER FIELDS GRANT REQUESTS.
Council adopted RESOLUTION NO. 2002-21 1, approving two grant requests by
the Carltas Company to provide aid to the flower growing operations on the
Carlsbad Ranch.
3. AB #16.826 - DESIGNATION OF AGENTS TO REPRESENT THE CITY IN
ADMINISTRATION OF A FEMA HAZARD MITIGATION GRANT.
Council adopted RESOLUTION NO. 2002-212, approving the designation of the
Deputy Public Works Director and Deputy City Engineer as agents to
representing the City in administration of the FEMA Hazard Mitigation Grant.
4. AB #16,827 - SETTLEMENT OF WORKERS' COMPENSATION CLAIM.
Council adopted RESOLUTION NO. 2002-213, authorizing the expenditure of
funds for settlement of the Workers' Compensation claim of Steven Forman.
5.
6.
7.
8.
9.
10
AB #16,828 - REQUEST FOR OUT-OF-STATE TRAVEL TO ATTEND BACKFLOW
PREVENTION ASSEMBLY TESTER TRAINING.
Council adopted RESOLUTION NO. 2002-214, approving out-of-state travel for
two members of the Engineering Department to attend a five-day tester-training
course held at Incline Village, Nevada, from August 12-16, 2002.
AB #16,829 -AWARD OF CONTRACT TO FURNISH AND INSTALL SYNTHETIC
TURF AT POINSETTIA PARK AND ACCESS STAIRS AT POINSETTIA PARK AND
STAGECOACH PARK, CONTRACT NO. PKS02-04.
This item was pulled for discussion.
July 23,2002 Carlsbad City Council Meeting Page 3
.,
STRUCTURES AT 3354,3366.334073r
-217, accepting bids and awarding a
3. 3802-2.
or the demolition of the Pine Street
School and the residential structures at 3354, 3366, 3340, 3344, and 3348
Madison Street.
AB #16,831- BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL
ASSESSMENTS.
Council adopted RESOLUTION NO. 2002-218, adopting annual benefit
assessments for Buena Vista Channel Maintenance District Benefit Area No. 1.
AB #16,832 - DECLARING THE INTENTION TO VACATE ANDERSEN WAY.
This item was pulled for discussion.
AB #16.840 -AGREEMENT TO PROVIDE INTERIM LAW ENFORCEMENT
SERVICES AT THE McCLELLAN-PALOMAR AIRPORT.
This item was returned to staff.
DISCUSSION OF CONSENT CALENDAR ITEMS:
6. AB #16.829 -AWARD OF CONTRACT TO FURNISH AND INSTALL SYNTHETIC
TURF AT POINSETTIA PARK AND ACCESS STAIRS AT POINSETTIA PARK AND
STAGECOACH PARK, CONTRACT NO. PKS02-04.
Scott Carroll, Management Analyst, presented the staff report. He said that staff
recommends the adoption of Resolution No. 2002-215. In response to Council, he
explained the need for synthetic turf and noted that it has an eight-year warranty.
In response to the Mayor, Mr. Carroll stated that Pop Warner Football players would not
use this field.
July 23,2002 Carlsbad City Council Meeting Page 4
ACTION: On a motion by Council Member Nygaard, Council adopted
RESOLUTION NO. 2002-215, accepting bids and authorizing the
execution of contract No. PKS02-04 to provide and install synthetic
turf at Poinsettia Park and install access stairs at Poinsettia Park
and Stagecoach Park.
w: Lewis, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin and Finnila.
9. AB #16,832 - DECLARING THE INTENTION TO VACATE ANDERSEN WAY.
In response to Mayor Lewis, Bob Wojcik, Deputy City Engineer, explained that the City
has not previously charged for vacating property and this particular right-of-way was
given to the City free of charge.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2002-219, declaring the intention to vacate Andersen Way along
the west side of Paseo Del Norte just north of Palomar Airport
Road and setting a public hearing date for August 13, 2002.
m: Lewis, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin and Finnila.
ORDINANCE FOR ADOPTION:
11. AB #16.833 - BRESSI RANCH - EIR 98-04/GPA 98-03/ZC 98-04/MP 178ILFMP
- 17.
Council Member Nygaard said although she was absent from the July gth Council
Meeting when the ordinances were adopted, she had reviewed the Council Meeting
Tape and felt confident participating in the vote.
ACTION: On a motion by Council Member Hall, Council adopted
ORDINANCE NO. NS-634, approving the Bressi Ranch Zone
Change, ZC 98-04, on approximately 585.1 acres generally located
south of Palomar Airport and east of El Camino Real in Local
Facilities Management Zone 17; and,
Council adopted ORDINANCE NO. NS-635, approving the Bressi
Ranch Master Plan, MP 178, on approximately 585.1 acres
generally located south of Palomar Airport and east of El Camino
Real in Local Facilities Management Zone 17.
w: Lewis, Nygaard and Hall
NOES: None.
ABSENT: Kulchin and Finnila.
July 23,2002
PUBLIC COMMENT: None
Carlsbad City Council Meeting Page 5
PUBLIC HEARINGS:
12. AB #16,834 - REALLOCATION OF CDBG AND HOME FUNDS TO AQUIRE
PROPERTY FOR AFFORDABLE HOUSING PROJECT.
Ron Ball, City Attorney, .noted that approval of this agenda item requires three
affirmative votes.
Council Member Hall said he would be voting "No" on this agenda item.
Ray Patchett, City Manager, asked that this item be continued to August 6, 2002, when
a full Council could be present.
Mayor Lewis announced that this public hearing would be continued to August 6, 2002
and asked if anyone would like to speak who could not be present at the August 6,
2002 Council meeting. No one asked to be heard.
ACTION: On a motion by Mayor Lewis, Council continued this public hearing
to August 6, 2002.
B: Lewis, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin and Finnila.
13. AB #16,835 - GIA TOWER ADDITION - SDP 94-06(AYCDP 02-10
Saima Qureshy, Associate Planner, presented the staff report and made a Power Point
Presentation (on file in the City Clerk's Office).
In response to Council, staff explained that this type of addition would be allowable
citywide.
Mayor Lewis opened the duly noticed public hearing at 6:21 and asked if anyone would
like to speak on this matter in any way.
Tom Costello, representing the Gemological Institute of America, 5345 Armada Drive,
spoke in support of the request to permit the height of an existing tower to increase
from 43 feet to 55 feet. In response to Council, he said that the intent is not to create a
beacon of light. He said they have made sure that intensities of the light can be
adjusted. He said that currently, they use a 150-watt light bulb.
Seeing no on else wishing to speak, the Mayor closed the public hearing at 6:22 p.m.
July 23,2002 Carlsbad City Council Meeting Page 6
ACTION: On a motion by Council Member Hall, Council adopted
RESOLUTION NO. 2002-221 approving a Site Development Plan
Amendment, SDP 94-06(A) and Coastal Development Permit 02-
10 to permit the height of an existing tower to increase from 43' to
55, located at the Gemological Institute of America at 5345
Armada Drive in Local Facilities Management Zone 13.
e: Lewis, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin and Finnila.
14. AB #16.836 - STREET LIGHTING AND LANDSCAPING DISTRICT NO.l
Galen Peterson, Consulting Engineer, and Kevin Branca, Assistant Finance Director,
presented the staff report, made a Power Point presentation (on file in the City Clerks
Office) and said no written protests had been received.
Mayor Lewis opened the duly noticed public hearing at 6:32 p.m. and asked if anyone
wished to speak on this matter in any way. Seeing no one requesting to be heard, the
Mayor closed the public hearing at 6:32 p.m.
Council Member Nygaard expressed appreciation to staff for their efforts in keeping the
assessment at the same level as last year.
ACTION: On a motion by Council Member Nygaard, Council adopted
RESOLUTION NO. 2002-222, confirming the diagram and
assessment and providing for the levy of the annual assessment
for Street Lighting and Landscaping District No. 1.
u: Lewis, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin and Finnila.
DEPARTMENTAL AND CITY MANAGER REPORTS
15. AB #16.837 - REVISION OF CITY COUNCIL POLICY #28 - RECREATION
DEPARTMENT FACILITY USE REGULATIONS.
Ken Price, Director of Recreation, and Gian Lauro, Recreation Area Manager,
presented the staff report. He also made a Power Point presentation on file in the City
Clerks Office. In response to Council, Mr. Lauro estimated that between 400-450
soccer players on Carlsbad Teams are not Carlsbad residents.
Council Member Nygaard asked why some soccer fields are full at the same time that
other soccer fields are not used to capacity. Mr. Lauro explained that this happens
because the organizations do not correctly estimate their field space needs. He said
some organizations do not know their field space needs until one month into the
July 23,2002 Carlsbad City Council Meeting Page 7
season. Mr. Lauro said staff has tried to police the situation continues to request a 24-
hour notice for no shows. However, staffs request is not always honored.
In response to Mayor Lewis, Mr. Price explained that the City’s non-resident fee for use
of athletic fields is low because the goal is to allow all Carlsbad residents to play. He
explained that the Parks & Recreation Commission said that since is the first year that
non-resident players would be charged, the Commission wanted the fee kept low and
then reevaluate the fee in the future.
Mr. Price explained the proposed field allocation plan. He noted that almost every other
recreation program has a separate non-resident fee. Mr. Price said that the recreation
program has early registration for Carlsbad residents, after which time non-residents
may register.
Jim Comstock, 2755 Jefferson Street, Suite 102, President of Carlsbad Youth Baseball
spoke in favor of staffs recommended revisions of Policy #28.
Dan Fallon, 6028 Paseo Airoso, representing American Youth Soccer Organization
(AYSO) stated his support of the Policy #28 and the proposed plan for field allocation.
Mark Packard, 1807 Oak, a parent of a Lightening Soccer player, stated his concerns
regarding the proposed field allocation plan. He stated that the proposed policy was
not fair and expressed his interest in having more representation focused on the issue.
He asked staff to re-evaluate the proposed policy changes and encouraged all to
contact the school districts to find more field space.
Jim Shadoan, 7831 Quebrada Circle, President of the AYSO, spoke in support of the
proposed policy changes. He stated that the use of school fields has been explored.
Debra Gomez, 71 11 Babilonia Street, stated that her children, although living in
Carlsbad, go to school in San Marcos. She spoke of the advantages of the children
being able to attend games and practice together. Ms. Gomez stated her preference as
not supporting the field allocation proposal.
Raymond Gomez, 71 11 Babilonia Street, spoke in favor of not supporting the proposed
policy changes.
Lisa Huston, 2256 Plazuela Street, President of Lightening Soccer, stated she had no
issues with the five dollar non-resident fee, however, she stated concerns with the
proposed allocation plan.
Janie Fitzsimmons, 1722 Catalpa Road, an assistant with the Lightening Soccer
organization, stated she was not in favor of the proposed allocations.
Pat Letsos, 7414 Melodia Terrace, stated that she opposed the Parks and Recreation
Policy #28.
Larry David, 7042 El Fuerte, stated that he believed the changes to Policy #28 are
reasonable regulations. Mr. David discussed several Lightening Soccer documents
July 23,2002
contained in a pamphlet handed out to Council. (This document is on file in the Office
of the City Clerk).
Geza Keller, 3940 Holly Brae Lane, representing Wave Soccer spoke in support of
Policy #28 and the proposed changes.
Andy Justice, 7205 Manzanita Street, spoke of the need for boys to compete in sports
activities. He spoke in support of Lightening Soccer.
Michael Duggan, 6896 Camino de Amigos, spoke of the values and programs of the
Lightening Soccer Club.
John Strayer, 2501 Cima, long standing member of the La Costa 35 Soccer Club,
spoke about the need to keep and attract City residents to his club. He stated his
support of Council Policy #28.
RECESS
Mayor Lewis declared a recess at 8:05 p.m. Council reconvened at 8:13 p.m. with all
members present except Mayor Pro Tern Kulchin and Council Member Finnila.
Carlsbad City Council Meeting Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS (continued)
15. AB #16,837 - REVISION OF CITY COUNCIL POLICY #28 - RECREATION
DEPARTMENT FACILITY USE REGULATIONS (continued).
In response to Council, Mr. Price described the Challenger Program and said that staff
would like to continue the program.
Council discussion ensued regarding field use. Council concurred that it is important to
give Carlsbad residencts the first opportunity to use fields and participate in Carlsbad
recreational activities. Council concurred that staff had presented a good compromise.
Council Member Hall spoke of the importance of organizations developing fields on
their own privately owned land. Mr. Price described City-owned fields planned for
future development.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2002-223, approving the revision of Council Policy #28, the
Recreation department Facility Use Regulations.
AYES: Lewis, Nygaard and Hall
NOES: None.
ABSENT: Kulchin and Finnila.
July 23,2002 Carlsbad City Council Meeting Page 9
16. AB #16,838 -APPEAL OF DECISION REGARDING A POTABLE WATER
SYSTEM IN NEW RESIDENTIAL CONSTRUCTION.
Pat Kelley, Principal Building Inspector, presented the staff report. He also made a
Power Point presentation on file in the City Clerk's Office.
Gary Duerst, 7084 Seville Way, Riverside, the appellant, made a Power Point
presentation (on file in the City Clerk's Office) and spoke in support of his appeal to use
cross-linked polyethylene (CPEX in his new home in Carlsbad.
Robert Payne, 170 West 14'h Street, Upland, California, said he is a Master Plumber
and spoke in support of the use of cross-linked polyethylene (CPEX). He distributed
and reviewed information regarding CPEX (on file in the City Clerk's Office). Mr. Payne
handed Council Member Hall a video (not on file in the City Clerk's office) and said that
75% of the cities in California, including the City of Los Angeles, allow the use of CPEX.
Mark Smith, 12645 Acadia Way, Lakeside, General Superintendent for DP Plumbing,
spoke in support of CPEX.
Greg Waite, Director of Purchasing, Western Pacific Housing, 5790 Fleet Street, #210,
Carlsbad, spoke in support of CPEX.
John Shaw, 1171 1 Woodruff Avenue, #200, Downey, said he is a manufacturer
representative and was responsible for convincing the City of Los Angeles to approve
the use of CPEX. He spoke in support of CPEX.
In response to Council Member Hall, Mr. Kelley said that not all other states have
adopted building codes. He said that the CPEX product has been the subject of as
many tests as other similar products on the market. He described the federal, state and
local thresholds. Mr. Kelley said that his denial of the use of CPEX was based on the
city's responsibility to follow the guidelines of the State Building Standards Commission.
He noted that the State Building Standards Commission has not clearly yet codified
CPEX for use in California and has requested an environmental review under the
California Environmental Quality Act. Mr. Kelley said that use of CPEX, when the State
has not codified it for use in California, could expose the City to unnecessary and
unwarranted risk.
Council concurred to direct Mr. Kelley to contact other cities that use CPEX to find out
their experiences in using the product. Mayor Lewis asked that Mr. Kelley also speak to
the County Water Authority to ask their opinion of the product.
Mr. Duerst noted that his project is currently in plan check and he needs to know within
two to three weeks if he will be able to use CPEX.
In response to Council, Ron Ball, City Attorney, recommended that staff check with
other cities to determine their experience in the use of CPEX. He noted that the
process allows local cities to modify the State Building Code to address local
conditions. Mr. Ball said that Mr. Duerst is entitled to due process and a timely
decision.
July 23,2002 Carlsbad City Council Meeting Page 10
Council concurred to continue this item to August 13, 2002 and to direct Mr. Kelley to
contact other cities that use CPEX to find out their experiences in using the product,
including the County Water Authority.
RECESS
Mayor Lewis declared a recess at 9:23 p.m. Council reconvened at 9:29 p.m. with all
members present except Mayor Pro Tem Kulchin and Council Member Finnila.
DEPARTMENTAL AND CITY MANAGER REPORT ICONTINUED)
17. AB #16.841 -BALLOT MEASURE REGARDING CARLSBAD'S EXPENDITURE ClMlT
Lisa Hildabrand, presented the staff report regarding the two proposed ballot measures
outlined in Resolutions 2002-228 and 2002-231.
Larry David, 7042 El Fuerte Street, spoke of the need for another swimming pool in
Carlsbad and offered a modification to the proposed ballot language.
Mark Packard, 1807 Oak, said that instead of asking the voter if they would like to
repeal the Expenditure Limitation in Carlsbad Municipal Code Chapter 1.24, that the
question be modified. He suggested that inflation be factored in from 1992 to the
present and include an annual inflation rate and maintain the ratio. He said this would
be more favorable to the voters than repealing the expenditure limitation.
Council Member Hall said he would like to form a citizens committee to determine the
type of Capital Improvement Projects that the public in general would like to have. He
said this issue should be carefully researched and not placed on the November 5, 2002
ballot.
Council Member Nygaard and Mayor Lewis expressed concern for the State
Legislature's future potential action regarding the State's Budget shortfall and the
impact on the City of Carlsbad. Council Member Nygaard and Mayor Lewis said that
CIP funds need to be set aside now so that the funds can not be confiscated by the
State Legislature to meet the State's budget needs. They noted that citizens have
expressed their desire for a swimming pool complex, trails linkage and open space, and
the need for the completion of a portion of Cannon Road, east of College (Reach 4).
In response to Council, Ron Ball, City Attorney, said in order to make the November 5,
2002 election, it would be possible to continue Resolution No. 2002-230 and Resolution No. 2002-233 to August 1 3'h. However, he recommended that the other resolutions be
adopted tonight in order to allow adequate time to prepare the necessary documents for
the November 5, 2002 election.
In response to Council, Ray Patchett, City Manager, recommended that the language
on the proposed ballot measures not be changed. He explained that staff has reviewed
July 23,2002 Carlsbad City Council Meeting
the inflation factor as it relates to the expenditure limitation, and there is no significant
difference.
Page 11
After discussion, Council concurred to continue Resolution Nos. 2002-230 and 2002-
233 to August 13, 2002, until a full Council could be present.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2002-227, Requesting The Board Of Supervisors Of The County Of
San Diego To Consolidate A Municipal Election To Be Held In The
City of Carlsbad on Tuesday, the 5'h Day of November, 2002 With
Any Other Elections To Be Held On That Date Pursuant to Section
23302 Of The Elections Code; And,
Council adopted RESOLUTION NO. 2002-228, Calling, Ordering,
Providing For And Giving Notice of the Holding Of A Municipal
Election To Be Held In Said City On Tuesday, The 51'~ Day Of
November, 2002 For The Purpose of Submitting To The Qualified
Voters Of Said City A Measure Asking The Voters If The
Expenditure Limitation Chapter 1.24 Shall Be Repealed; And,
Council adopted RESOLUTION NO. 2002-229, Directing The City
Attorney To Prepare An Impartial Analysis Of A Measure Asking
The Voters If The Expenditure Limitation Chapter 1.24 Shall Be
Repealed; And,
Council adopted RESOLUTION NO. 2002-231, Calling, Ordering,
Providing For And Giving Notice of the Holding Of A Municipal
Election To Be In Said City On Tuesday, The Cith Day Of November,
2002 For The Purpose of Submitting To The Qualified Voters of
Said City A Measure Authorizing The Expenditure Of Funds For
Certain Capital Facilities; and,
Council adopted RESOLUTION NO. 2002-232, Directing The City
Attorney To Prepare An Impartial Analysis Of A Measure Asking
The Voters Regarding The Expenditure Of Funds For Certain
Capital Facilities.
n: Lewis and Nygaard. NOES: Hall.
ABSENT: Kulchin and Finnila.
18. AB #16,839 - LIBRARY BOARD OF TRUSTEES APPOINTMENT
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2002-225, appointing Rob Swette to the Library Board of Trustees.
u: Lewis, Nygaard and Hall.
NOES: None.
ABSENT: Kulchin and Finnila
July 23,2002 Carlsbad City Council Meeting
COUNCIL REPORTS AND COMMENTS: None
Page 12
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of July 23, 2002 was adjourned at 1O:OO p.m.
& M. -by)- WOOD
CITY CLERK
Janice Breitenfeld
Deputy City Clerk