HomeMy WebLinkAbout2004-03-09; City Council; Minutes (2)MINUTES
MEETING OF :
DATE OF MEETING: March 9,2004
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular 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:
Absent: None.
Lewis, Finnila, Kulchin, Hall and Packard.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Finnila, minutes of the following meetings were
unanimously approved as presented:
Minutes of the Special Meeting held February 17, 2004.
Minutes of the Regular Meeting held February 17, 2004.
Minutes of the Joint Special Meeting held February 17, 2004.
Minutes of the Special Meeting held February 18, 2004.
PRESENTATIONS:
Heather Pizzuto, Principal Librarian spoke regarding the Multicultural Festival
scheduled for March 11-13, 2004.
Peter Gordon, Cultural Arts Manager introduced Todd Green, visiting artist-in-
residence, who gave a short musical performance.
PROCLAMATIONS:
Mayor Lewis presented a proclamation to Joni Miringoff, Pam Lipper and Fran,,a
in celebration of Carlsbad Village Flower Fields Day, April 3, 2004.
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CONSENT CALENDAR:
Item No. 2 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #I, and #3 through #7, as follows:
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
March 9,2004 Carlsbad City Council Meeting Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1.
2.
3.
4.
5.
6.
AB #17,532 - CITYWIDE RECORDS MANAGEMENT PROGRAM RETENTION
SCHEDULE UPDATE.
Council adopted RESOLUTION NO. 2004-076, approving revisions to the
established Records Management Program of the City of Carlsbad.
AB #17,544 -AMENDMENT TO THE MOU BETWEEN THE CITY AND THE
CARLSBAD CITY EMPLOYEES, ASSOCIATION.
This item was pulled for discussion.
AB #17,533 - MILITARY LEAVE BENEFITS FOR EMPLOYEES CALLED TO
ACTIVE DUTY TO COMBAT TERRORISM AND STRENGTHEN HOMELAND
DEFENSES.
Council adopted RESOLUTION NO. 2004-077, extending the temporary
enhancement of military leave benefits for employees called to active duty to
combat terrorism and strengthen homeland defenses.
AB #17,534 - SYNTHETIC TURF ATHLETIC FIELD AND ACCESS STAIRS AT
POINSETTIA PARK SOCCER FACILITY, AND ACCESS STAIRS AT
STAGECOACH PARK TENNIS FACILITY.
Council adopted RESOLUTION NO. 2004-078, accepting the installation of
synthetic turf and access stairs at Poinsettia Park Soccer Facility, and access
stairs at the Stagecoach Park Tennis Facility as complete, and directing the City
Clerk to record the Notice of Completion and release bonds appropriately.
AB #17,535 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR FACILITIES
AND PARKS CONCRETE REPLACEMENT - CONTRACT NO. FAC 04-06 -
PROJECT NO. 3924.
Council adopted RESOLUTION NO. 2004-079, approving plans and
specifications, and authorizing the advertisement for bids for Facilities and Parks
Concrete Replacement, and appropriating funds.
AB #17,536 -AUTHORIZATION TO ADVERTISE FOR BIDS TO INSTALL NEW
SPORTS LIGHTING AND ELECTRICAL UPGRADES AT CHASE FIELD -
CONTRACT NO. PKS 03-08.
Council adopted RESOLUTION NO. 2004-080, approving plans and
specifications, and authorizing the advertisement for bids to furnish and install
new sports lighting and electrical upgrades at Chase Field, and appropriating
funds.
March 9,2004 Carlsbad City Council Meeting Page 3
7. AB #17,521 -AWARD OF CONTRACTS FOR AVIARA COMMUNITY PARK,
PROJECT NO. 36991.
Council adopted Resolution No. 2004-062, accepting bids, and awarding a
contract to Barnhart, Incorporated, for the construction of Aviara Community
Park, and approving a contract with B & G Consultants for construction
management services for the project.
DISCUSSION OF CONSENT CALENDAR ITEM:
2. AB #17,544 -AMENDMENT TO THE MOU BETWEEN THE CITY AND THE
CARLSBAD CITY EMPLOYEES’ ASSOCIATION.
Council Member Packard stated that he did not support the mandatory change required
by Assembly Bill 1141, and would vote “no” on this item.
Ron Ball, City Attorney confirmed that the amendment to the Government Code
mandates that confidential and supervisory employees can no longer be exempt from
agency shop requirements.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-083, approving a side letter with the
Carlsbad City Employees’ Association (CCEA) that amends articles
in the CCEA Memorandum of Understanding (MOU) to reflect the
mandatory change enacted by State Assembly Bill 1141 which
concludes that confidential and supervisory employees are no
longer exempt from agency shop.
AYES:
NOES: Packard.
Lewis, Finnila, Kulchin and Hall.
ORDINANCES FOR INTRODUCTION:
8. AB #17,541 - EXTENSION OF INTERIM PLAN AGUA HEDIONDA LAGOON.
Eric Munoz, Senior Planner presented staff report.
Bruce Posthumus, Chairman of the Southern California Caulerpa Action Team
(SCCAT) stated that after the summer and fall surveys, the team hopes to be able to
declare the eradication completed.
Council Member Hall asked if there was any plan to remove the tarpaulins that were
placed over the large field of algae in the inter-lagoon area.
Mr. Posthumus stated that the fate of the tarps would be determined after the SCCAT
team presents their report to the Coastal Commission. He stated that the Coastal
Commission would then make a determination whether the tarps should remain or be
removed.
March 9,2004 Carlsbad City Council Meeting Page 4
In response to inquiry from Mayor Pro Tem Finnila, Mr. Posthumus stated that the
Caulerpa seems to grow better in warmer weather.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-700, amending Chapter 11.24 of the
Carlsbad Municipal Code to extend the term of the Interim Plan for
the Agua Hedionda Lagoon to facilitate Caulerpa eradication until
June 30,2005.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
9. AB #17,537 - ESTABLISH A PRIMA FACIE SPEED LIMIT UPON PASEO
ACAMPO.
Ron Ball, City Attorney presented staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-698, establishing upon Paseo Acampo a
prima facie 25 mile per hour speed limit from Rancho Bravado to its
intersection with Paseo Hermosa.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
IO. AB #17,538 -APPROVE ENGINEER’S REPORT AND THE INCREASE OF FEES
FOR SEWER BENEFIT AREA H AND SETTING A PUBLIC HEARING.
Ron Ball, City Attorney presented staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced
ORDINANCE NO. NS-699, adding Section 13.10.080 to the
Carlsbad Municipal Code to increase fees in Sewer Benefit Area H;
and
Council adopted RESOLUTION NO. 2004-081 , approving the
Engineer’s Report, declaring the City’s intention to increase the
fees for Sewer Benefit Area HI and setting the public hearing for
April 6, 2004 to consider adoption of increased fees.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
ORDINANCES FOR ADOPTION:
11. AB #17,542 - KIRGIS TENTATIVE MAP - ZC 03-01.
City Attorney, Ron Ball presented staff report.
March 9,2004 Carlsbad City Council Meeting Page 5
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-697, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the Zoning Map and
Local Coastal Program Map to grant a Zone Change, ZC 03-01
and a Local Coastal Program Amendment LCPA 03-01, from R-l-
30,000 to R-1-1-30,000 and open space on property generally
located north of Faraday Avenue at the southern terminus of Twain
Avenue, in Local Facilities Management Zone 8.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
PUBLIC COMMENTS:
John Byrom, 1745 Fire Mountain Drive, Oceanside, CA 92054, of the North Coastal
Prevention Coalition (NCPC) presented his organization’s “5 Year Drug Free
Communities Report” to Council.
Mayor Lewis asked that Mr. Byrom give the phone number of the NCPC in the event
that someone would like to contact the organization.
Mr. Byrom stated the phone number is (760) 407-1220 x149.
Larry Tucker, One Upper Newport Plaza, Newport Beach, CA 92660, of Grant Tucker
Properties came forward to address Council. Mr. Tucker stated his appreciation for the
support that they had received over the years in the development of La Costa Plaza,
which is located at the northeast corner of El Camino Real and La Costa Avenue.
PUBLIC HEARINGS:
12. AB #17,539 - VIGILUCCI’S SEAFOOD & STEAKHOUSE - GPA 01 -04/LCPA 01 -
07/CUP 02-1 9.
Scott Donnell, Associate Planner presented the staff report and reviewed a Power Point
Presentation (on file in the City Clerk’s office). Mr. Donnell gave a history of previous
conditions as well as existing conditions of the restaurant. He explained the proposed
seating limitations and the proposed requirements for provision of valet parking, when
self parking capacity is exceeded.
Mayor Pro Tem Finnila asked if the City maintains the hedge that is in front of the
establishment.
David Rick, Assistant Engineer stated that the restaurant maintains the patio and
landscaping around it.
Council Member Hall confirmed with staff that the establishment has a maximum total
seating of 125, including inside and outside seating areas.
March 9,2004 Carlsbad City Council Meeting Page 6
Mayor Pro Tem Finnila inquired if there are any other restaurants in the Village that
have patron seating in the public right-of-way, and serve alcohol there.
Mr. Donnell stated that there are some restaurants that do, and that various provisions,
such as additional liability insurance, must be followed to allow restaurants in the
Village to serve alcohol in the public right-of-way.
Mayor Lewis inquired if any police reports had been filed as a result of public
intoxication in the nearby residential neighborhoods.
Mr. Donnell responded that he is not aware of any complaints regarding this restaurant.
Jack Henthorn, 5365 Avenida Encinas Suite A, Carlsbad, representative for the
applicant, came forward to address Council. Mr. Henthorn stated that Mr. Vigilucci
regrets being unable to attend the meeting, but that he is in full support of the staff
recommendation and conditions of approval.
Mayor Pro Tern Finnila asked if Mr. Vigilucci’s staff would be able to keep track of the
number of patrons during crowded times to ensure that the 125 maximum seating
capacity is not exceded.
Mr. Henthorn responded that Mr. Vigilucci has a very capable manager on site and that
the need to ensure adherence to the 125 maximum occupancy limitation has been
discussed with the manager.
Mayor Pro Tem Finnila asked if Mr. Vigilucci intends to use the same valet company
that he has currently been using.
Mr. Henthorn stated that they have met with the valet company and addressed some of
the concerns that were heard during the Planning Commission hearing.
Mayor Pro Tem Finnila recommended that the hedge should remain as a noise buffer
Council Member Kulchin expressed concerns regarding the valet parking service as it
relates to the home owners complaints.
Mr. Henthorn reassured Council that his client will be working closely with the valet
company to ensure that they will be more responsive to the residents in the nearby
neighborhoods.
Council Member Kulchin asked if a survey was ever done to determine how many
people walk to the restaurant instead of driving to it.
Mr. Henthorn responded that a survey was done, which showed that quite a few people
walk to the restaurant, however he stated he could not recall the percentages.
Council Member Hall commented that the applicant will still need to go through the
process for encroachment and landscaping approvals.
March 9,2004 Carlsbad City Council Meeting Page 7
Mayor Lewis opened the duly noticed public hearing at 7:07 p.m. and asked if anyone
would like to speak.
Bill Lantz, 144 Redwood Avenue, Carlsbad, came forward to address Council. Mr.
Lantz voiced his concerns regarding valet and customer parking issues within the
nearby residential community.
Ruben Cerecedes, 3875 Garfield, Carlsbad, came forward to address Council. Mr.
Cerecedes voiced concerns regarding employee and valet parking in and around the
homes in the residential community.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 7:18 p.m.
Mayor Pro Tem Finnila asked if the restaurant has a reservation system for lunch.
Mr. Henthorn responded that he did not think so.
Council Member Packard asked what the restaurant’s policy is regarding employee
parking.
Mr. Henthorn stated that the owner of the restaurant established a policy encouraging
car pooling, parking at remote locations and utilizing public parking lots.
Mayor Lewis asked if there are signs on site explaining beach area parking being
available to the patrons.
Mr. Henthorn stated that there is a sign posted during peak periods.
Council Member Packard asked staff if they are comfortable with their ability to monitor
and verify compliance with the parking and seating issues.
Mr. Donnell responded that they do have a plan in place to ensure that compliance is
monitored.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-082, approving General Plan Amendment
GPA 01-04, Local Coastal Program Amendment LCPA 01-07, and
Conditional Use Permit CUP 05-19 based upon the findings and
subject to the conditions contained therein; and incorporating a
change to Condition 15, of Planning Commission Resolution No.
5551 to correct the number of self-parking spaces that would be
available after construction of a trash enclosure from 21 to 19..
AYES:
NOES:
Lewis, Finnila, Kulchin, Hall and Packard.
None.
March 9, 2004 Carlsbad City Council Meeting Page 8
RECESS:
Mayor Lewis declared a recess at 7:28 p.m. Council reconvened at 7:32 p.m. with all
mem bers present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13.AB #17,540 - PRESENTATION ON THE SAN DIEGO ASSOCIATION OF
GOVERNMENT’S (SANDAG) REGIONAL COMPREHENSIVE PLAN.
The staff report was presented by Joe Garuba, Senior Management Analyst, and
Dennis Turner, Senior Planner, who reviewed a Power Point presentation (on file in the
Planning Department).
Staff summarized the draft Regional Comprehensive Plan, including the following
components: Smart Growth, Open Space, Habitat, Affordable Housing, and
Transportation Planning (including establishment of a link between land use and
transportation planning).
Staff also summarized issues that are still being evaluated, including: Transporation
Project Evaluation Criteria, Taxes and Fiscal Reform, Proposed Regional Infrastructure
Fee, and Land Use Intensification in designated areas.
Staff explained the proposed SANDAG calendar of events for the review of the
Regional Comprehensive Plan (RCP), with final approval and certification projected for
June 25,2004.
In response to Council inquiry, staff explained that the membership of SANDAG
includes 19 cities, the County of San Diego, and three ex-officio members, and that the
voting system is weighted by population.
In response to Council inquiry, staff described the RCP proposal to maximize existing
facilities by increasing density where infrastructure exists in the western third of the
county in order to reduce travel, preserve habitat, provide affordable housing and grow
more effectively.
Council discussed concerns regarding the recommendation to increase density in the
coastal areas, the criteria for evaluating transportation needs and establishing the
regional impact fee, and growth management standards.
Council received the presentation and took no action on the matter.
14.AB #17,543 - DRAFT TRANSNET EXTENSION ORDINANCE AND
EXPENDITURE PLAN.
The staff report was presented by Deputy Public Works Director Glenn Pruim, who
reviewed a Power Point presentation (on file in the City Clerk’s Office). He explained
that the existing Transnet Sales Tax is now due to expire in March, 2008, and that
March 9,2004 Carlsbad City Council Meeting Page 9
SANDAG is proposing to place a measure on the November 2, 2004 ballot to extend
the current one-half cent sales tax for thirty years.
Mr. Pruim described the proposed formula for distribution of this funding, and how the
new formula would differ from the existing one. He explained that the proposed
allocation would reduce funding for local roads and would increase funding for State
highway and transit congestion relief projects. Mr. Pruim stated that in order to
minimize the impact to local agencies, SANDAG is proposing to offset the loss to local
agencies with Proposition 42 funding.
Council received the presentation and took no action on the matter.
COUNCIL REPORTS AND COMMENTS:
Council Members provided updates regarding their various committees.
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:
Wednesday, March IO, 2004 - 3 p.m.
City of Carlsbad Peer Awards
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
Tuesday, March 16,2004 - 11 :45 a.m.
Avia ra Community Park Ground brea ki ng
6425 Ambrosia
Carlsbad, California
ADJOURNMENT:
By prop motion, the Regular Meeting of March 9, 2004 was adjourned at 9:45 p.m. 7 m6- LO RAIN M. WOO0,CMC
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