HomeMy WebLinkAbout2002-10-22; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: OCTOBER 22,2002
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 Assistant City Clerk, as follows:
Present: Lewis, Kulchin, Finnila, Nygaard, and Hall.
Absent: None.
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
Thursday, October 24, 2002 - 6:OO p.m.
Carlsbad Citizens’ Academy
Carlsbad Senior Center
799 Pine Avenue
Carlsbad, California
Monday, October 28,2002 - 530 p.m.
Parks and Recreation Commission Meeting - Northwest Quadrant Park Issue
Carlsbad Council Chambers
1200 Carlsbad Village Drive
Carlsbad, California
Wednesday, October 30,2002 - 6:OO p.m.
City of Carlsbad Boards and Commission Appreciation Event
La Costa Resort
21 00 Costa Del Mar Road
Carlsbad, California
Thursday, October 31,2002 - 1O:OO a.m.
Cannon Road/College Boulevard Extension Groundbreaking Ceremony
Carlsbad Village Drive and College Boulevard (vacant lot)
Carlsbad, California
OCTOBER 22,2002
PRESENTATIONS:
CARLSBAD CITY COUNCIL PAGE 2
Lise Marquis, representing the San Dieguito Alliance for Drug Free Youth, introduced the
youth representatives from the area schools, who received proclamations from Mayor Lewis
in recognition of “Red Ribbon Week.
Lynda Jones, representing the Adult Learning Program, introduced Barbara Hulroy,
representing WalMart. Ms. Hulroy presented Mayor Lewis with a check in the amount of
$1,000 representing WalMart’s donation to the Carlsbad Adult Learning Program.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Items #I through #9, as follows:
AYES: Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB # 16,938 -APPROPRIATION OF FUNDS FOR A TRAFFIC SIGNAL AT CANNON
ROAD AND CAR COUNTRY DRIVE.
Council adopted RESOLUTION NO. 2002-309, appropriating funds from the General
Capital Construction (GCC) fund for the design and construction of the Cannon Road
and Car Country Drive Traffic Signal, Project No. 3906.
2. AB #16.939 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE
TRAFFIC SIGNAL AT AVIARA PARKWAY AND KESTREL DRIVE.
Council adopted RESOLUTION NO. 2002-310, accepting the construction of the
Traffic Signal at Aviara Parkway and Kestrel Drive, Project No.3369-2, as complete,
and directing the City Clerk to record a Notice of Completion and release bonds in
accordance with State Law and City Ordinances.
3. AB #16,940 - NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE
TRAFFIC SIGNAL AT CARLSBAD VILLAGE DRIVE AND PONTIAC DRIVE.
Council adopted RESOLUTION NO. 2002-311, accepting the construction of the
Traffic Signal at Carlsbad Village Drive and Pontiac Drive, Project No. 3847-1 , as
complete, and directing the City Clerk to record a Notice of Completion and release
bonds in accordance with State Law and City Ordinances.
4. AB #16,941- NOTICE OF COMPLETION FOR THE RANCHO SANTA FE ROAD
REALIGNMENT AND WIDENING PHASE 1 CLEARING.
Council adopted RESOLUTION NO. 2002-312, accepting the Rancho Santa Road
Realignment and Widening Phase 1 Clearing, Project No. 3190, as complete, and
directing the City Clerk to record a Notice of Completion and release bonds in
accordance with State Law and City Ordinances.
OCTOBER 22.2002 CARLSBAD CITY COUNCIL PAGE 3
5.
6.
7.
8.
9.
AB #16,942 -AUTHORIZING PAYMENT TO SDG&E FOR RELOCATION OF
ELECTRICAL FACILITIES RELATED TO POINSETTIA LANE, REACH C.
Council adopted RESOLUTION NO. 2002-313, authorizing payment to SDG&E for
the relocation of electrical facilities related to Poinsettia Lane, Reach C, Project No.
3673, and appropriating funds.
AB #16,943 -ADDITION OF ONE POSITION TO THE FINANCE DEPARTMENT
BUDGET.
Council adopted RESOLUTION NO. 2002-314, amending the 2002103 budget to add
one Management Analyst position in the Finance Department.
AB #16,944 -APPROVAL OF MANAGEMENT CLASSlFlCAlTON OF VIDEO
PRODUCTION MANAGER.
Council adopted RESOLUTION NO. 2002-315, approving the new management
classification of Video Production Manager and amending the Management Salary
Schedule.
AB #16,945 - GENERAL PLAN IMPLEMENTATION STATUS REPORT FOR FISCAL
YEAR 2001-2002.
Council accepted the annual General Plan Implementation Status Report for Fiscal
Year 2001-2002.
AB #16,946 -ANNUAL HOUSING PRODUCTION REPORT FISCAL YEAR 2002.
Council accepted the annual Housing Production Report for the reporting period July
1, 2001 to June 30,2002.
ORDINANCES FOR ADOPTION:
IO. AB #16,947 -ADOPTING OORDINANCE NO. NS-648 ESTABLISHING A PRIMA
FACIE 40 MILE PER HOUR SPEED LIMIT ON AVENIDA ENCINAS.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO.
NS-648, amending Title IO, Chapter 10.44, of the Carlsbad Municipal Code by
the amendment of Section 10.44.280 to establish a Prima Facie 40 mile per
hour speed limit upon Avenida Encinas from a point 3,500 feet southerly of
Palomar Airport Road to its intersection with Palomar Airport Road.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
OCTOBER 22,2002 CARLSBAD CITY COUNCIL PAGE 4
ORDINANCES FOR ADOPTION (CONTINUED)
11. AB #16,948 -ADOPTING ORDINANCE NO. NS-649 ESTABLISHING A PRIMA
FACIE 30 MILE PER HOUR SPEED LIMIT ON CHESTNUT AVENUE
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO.
NS-649, amending Title IO, Chapter 10.44, of the Carlsbad Municipal Code by
the revision of Section 10.44.040 to establish a Prima Facie 30 mile per hour
speed limit upon Chestnut Avenue from El Camino Real to its intersection with
Sierra Morena Avenue.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
12. AB #16,949 -ADOPTING ORDINANCE NO. NS-650 AMENDING THE CARLSBAD
MUNICIPAL CODE REGARDING COMMERCIAL VEHICLE PARKING IN
RESIDENTIAL DISTRICTS AND NON-RESIDENTIAL AREAS.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO.
NS-650, amending Title IO, Chapter 10.40, of the Carlsbad Municipal Code
regarding commercial vehicle parking in residential districts and non-
residential areas.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
PUBLIC COMMENT:
Michele Levy, 3021 Highland Avenue, expressed concern for possible code violations at
3016 Highland Avenue and for increased traffic that would occur if a business is permitted
to operate at that location.
Marilyn Janssen, 3307 Highland Avenue, expressed concern for possible code violations at
3016 Highland Avenue, and for increased noise and traffic that would result from a
business operating at that location.
Thomas Armstrong, P.O. Box 460724, Escondido, CA 920046-0724, read his
correspondence dated October 22, 2002 into the record (on file in the City Clerk’s Office)
regarding his lawsuit against the City of Carlsbad.
PUBLIC HEARINGS:
13. AB #16,950 - FOWMILLER PROPERTY - GPA OO-O5/ZC 00-07
Van Lynch, Senior Planner, presented the staff report and made a Power Point
presentation (on file in the City Clerk’s Office). In response to Council Member Finnila, Mr.
Lynch discussed the setback requirements for the El Camino Real corridor.
OCTOBER 22,2002 CARLSBAD CITY COUNCIL PAGE 5
Mayor Lewis opened the duly noticed public hearing at 6:39 p.m. and asked if anyone
wished to speak on this matter in any way.
Bob Ladwig, 703 Palomar Airport Road, Suite 300, Ladwig Design Group, representing the
applicant, spoke in support of the project. In response to Council Member Finnila, Mr.
Ladwig said the applicant does not plan to begin construction soon. He explained that each
area will be processed and developed separately.
Seeing no one else wishing to address Council on this item, Mayor Lewis closed the public
hearing at 6:40 p.m.
Council Member Finnila referred to Page 31 of the agenda bill under “List of Mitigating
Measures”. “Prior to approval of final map, applicant shall preserve an additional 2.93 acres
of non-native grassland habitat on site or pay to the City $1 1,570.57 to mitigate impacts to
the non-native grassland habitat”. Council Member Finnila asked that the option to pay a
fee to mitigate impacts to the non-native grassland habitat be deleted.
Mr. Lynch explained that the intent for this project is to mitigate onsite.
Council Member Nygaard concurred with Council Member Finnila’s comments and spoke of
the importance of preserving the land rather than paying a mitigation fee.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO.
NS-651, Amending Section 21.05.030 of the Carlsbad Municipal Code by an
Amendment to the Zoning Map to Grant a Zone Change, ZC 00-07, from
Limited Control and Office to P-M, 0-S, and M-Q on Property Generally
Located on the East and West Side of El Camino Real, Between Faraday
Avenue and College Boulevard in Local Facilities Management Zone 5 as
Amended To Require Onsite Mitigation and to Delete the Option of Payment
for Mitigation of Impacts to the Non-Native Grassland Habitat.
Council adopted RESOLUTION NO. 2002-316, Adopting a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for a 53.65 Acre
Industrial Subdivision and Approving a General Plan Amendment to Amend
the Land Use Element and the Open Space and Conservation Element of the
General Plan.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14. AB # 16,951 - REVISION OF EXISTING PRIMA FACIE SPEED LIMIT UPON
KESTREL DRIVE.
Bob Johnson, Deputy City Engineer, presented the staff report.
OCTOBER 22,2002 CARLSBAD CITY COUNCIL PAGE 6
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO.
NS-652, Amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code
by the Revision of Section 10.44.530 to Establish Upon Kestrel Drive a Prima
Facie 35 Mile Per Hour
with Aviara Parkway.
AYES: Lewis, Kulchin, Finnila,
NOES: None.
Speed Limit From Batiquitos Drive to its Intersection
Nygaard, and Hall.
Mayor Lewis declared a recess at 6:49 p.m. Council reconvened at 655 p.m. with all
Council Members present.
15. AB #16,952 - CONSIDERATION OF CARLSBAD CONVENTION AND VISITORS
BUREAU FOR COMMUNITY PROMOTION SERVICES CONTRACT.
Cynthia Haas, Economic Development Manager, presented the staff report. She noted a
discrepancy in the proposal submitted by Carlsbad Convention and Visitors Bureau (CCVB)
and said the discrepancy was carried forward to the agenda bill and proposed resolution.
Ms. Haas said that if the one-year contract, excluding funding for a group sales program, is
approved with the CCVB, an additional $46,100 would need to be transferred from the
contingency account instead of the $45,600 stated in the proposal, agenda bill and
resolution.
She also made a Power Point Presentation (on file in the City Clerk’s Office).
Ms. Haas said that staffs recommendation is to fund the basic visitor and promotion
services at $409,100 and exclude group sales.
In response to Council, Ms. Haas said the last communication she has had with the
Tourism Alliance is when they requested the opportunity to address Council in November
regarding their review of the Group Sales Element of the Tourism Impact Assessment.
Ray Patchett, City Manager, said he had received correspondence from the Tourism
Alliance requesting to be placed on Council’s November 12, 2002 agenda.
In response to Council Member Hall, Ms. Haas said that CCVB’s request for funding does
not include funding for either the Carlsbad Village Business Association or the Barrio
Association.
Kurt Burkhart, Executive Director, Carlsbad Convention & Visitors Bureau, 400 Carlsbad
Village Drive, spoke in support of their request and made a Power Point Presentation (not
on file in the City Clerk’s Office). He outlined their efforts to strengthen the leisure market
sales, group sales efforts, telemarketing, new website and new visitors guide.
OCTOBER 22,2002 CARLSBAD CITY COUNCIL PAGE 7
Frankie Laney, Business Relations Director for CCVB, spoke in support of their request for
funding and reviewed their travel shows and familiarization tours participation.
Lori Hoy, Director of Sales for CCVB, spoke in support of their request for funding. In
response Council, she described the success of their sales program.
Lee Lees, said she is the Visitor Center Supervisor for the CCVB and is a volunteer in the
Hospitality of Ambassadors Program. She spoke in support of the CCVB’s request for
funding.
Allan Wanamaker, 2399 Jefferson Street, Board Member of the CCVB, spoke in support of
the CCVB’s request for funding.
David Brahms, 812 F Kalpati Circle, spoke in support of the CCVB’s request for funding.
James Wilson, 3100 Ocean Street, owner of Beach Walk Villas, spoke in support of the
CCVB’s request for funding.
Steve Oggel, owner of Neiman’s Restaurant, 300 Carlsbad Village Drive, spoke in support
of the CCVB’s request for funding.
Pamela Lipper, P.O. Box 1460, Carlsbad, Executive Director of the Carlsbad Village
Business Association, spoke in support of the CCVB’s request for funding.
Michael Flickiniger, General Manager, Grand Pacific Palisades Resort & Hotel, 5805
Armada Drive, said he is the Chairman of the CCVB, and spoke in support of their request
for funding and their goal to become a full service bureau. He distributed and reviewed his
correspondence to Council dated October 17, 2002 (on file in the City Clerk’s Office).
Thomas Bwarie, 300 Carlsbad Village Drive, #104, spoke in support of the CCVB’s request
for funding and the need for their efforts in promoting tourism. .
In response to Council Member Hall, Mr. Burkhart said that room-tracking reports could be
provided to Council on a quarterly basis.
In response to Mayor Pro Tem Kulchin, Lori Hoy, Director of Sales, CCVB explained how
leads and sales are tracked by the CCVB.
Mayor Lewis stated that he would like to see information from the Tourism Alliance prior to
the November 12‘h Council Meeting. James Wilson, 3100 Ocean Street, said he is a
member of the Tourism Alliance and will pass the message to the Alliance members.
Mayor Lewis spoke in support of staffs recommendation and suggested that the action on
group sales be postponed until after the Tourism Alliance presentation is heard.
Council Member Finnila stated that the group sales element should be placed out for
competitive bid by experienced agencies. She said she would like to hear from the Tourism
Alliance regarding group sales.
OCTOBER 22,2002 CARLSBAD CITY COUNCIL PAGE 8
Council Member Nygaard concurred with the postponement of the group sales issue until
after the Tourism Alliance report is heard.
Council Member Hall concurred.
Mr. Burkhart said that CCVB has a multifaceted group sales element that complements
their full service program. He expressed concern that if the group sales element is put in
abeyance tonight, the leisure element of their sales program would be adversely affected.
MOTION: On a motion by Mayor Pro Tem Kulchin, Council approved the allocation of
$448,000 as requested by the CCVB for the leisure and group sales
programs.
Mayor Lewis asked that Council delay action on the group sales program until the Tourism
Alliance addresses Council on November 12th.
In response to Council, Ms. Haas discussed funding issues regarding the employee position
to address group and leisure sales.
Mayor Pro Tem Kulchin withdrew her motion, with the concurrence of the second, Council
Member Hall.
Ms. Haas explained that tonight Council is being asked to authorize the appropriation of
$46,100 from the Contingency Account available balance and to approve a one-year
contract for basic tourism promotion and visitor services.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO.
2002-317, authorizing the Mayor to execute an agreement with the Carlsbad
Convention and Visitors Bureau (CCVB) in the amount of $409,500.00 and
appropriating $46,100.00 from the Contingency account Available Balance.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
RECESS
Mayor Lewis declared a recess at 8:31 p.m. Council reconvened at 8:37 p.m. with all
Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS (CONTINUED)
16. AB #16,953 -APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY
PCD 01-05 - RANCHO CARRILLO VILLAGE “T”
Ray Patchett, City Manager, said that although the applicant had been notified of this public
hearing, a confirmation was not received, and the applicant is not present at this meeting.
Therefore, Mr. Patchett requested this item be continued to November 19, 2002. Council
concurred.
OCTOBER 22,2002 CARLSBAD CITY COUNCIL PAGE 9
17. AB #16,954 - REQUEST FOR PUBLIC HEARING FOR LAW ENFORCEMENT
BLOCK GRANT FUNDING.
Lynn Diamond, Senior Management Analyst, presented the staff report.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council scheduled a public hearing
for November 5,2002 regarding the proposed use of department of Justice
Local Law Enforcement Block Grant funds to support various police
department functions.
AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
18. AB #16,955 -CONSTRUCTION STATUS OF THE VISTNCARLSBAD
INTERCEPTOR SEWER REACHES VC5B THROUGH VC1 IA, THE SOUTH
CARLSBAD VILLAGE STORM DRAIN AND ASSOCIATED STREET
RESURFACING.
Grant Eklund, Construction Manager, presented the staff report. He also presented a Power
Point presentation (not on file in the City Clerk’s Office).
Mark Sullivan, Construction Manager, displayed photographs of the construction activity
(not on file in the City Clerk’s Office). In response to Council, he said that the costs
associated with this project are approximately $16 million. Mr. Sullivan also said that the
flows along Las Flores would be introduced into the interceptor on approximately December
25‘h. He said that work will be done on one intersection at a time and there will be traffic
impacts during the holiday season. In response to Council, Mr. Sullivan said that since the
storm drain is in place, the rainy season would not impact the project.
COUNCIL REPORTS AND COMMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of October 22, 2002, was adjourned at 856 p.m.
Janice Breitenfeld
Deputy City Clerk