HomeMy WebLinkAbout2005-05-17; City Council; Minutes (3)MINUTES
MEETING OF:
DATE OF MEETING: May 17,2005
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
City Council Chambers
CALL TO ORDER: Mayor Pro Tern Hall called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent: Lewis.
Hall, Kulchin, Packard and Sigafoose.
LEGISLATIVE INVOCATION:
Father Slyvester of St. Patrick’s Catholic Church offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Council Member Kulchin, minutes of the following meetings were approved as
presented:
Minutes of the Special Meeting held April 19, 2005.
Minutes of the Regular Meeting held April 19, 2005.
Minutes of the Joint Special Meeting held April 20, 2005.
Minutes of the Special Meeting held April 26, 2005.
Minutes of the Regular Meeting held April 26, 2005.
Minutes of the Special Meeting held May 3, 2005.
Minutes of the Regular Meeting held May 3, 2005.
Minutes of the Joint Special Meeting held May 3, 2005.
PRESENTATIONS:
Mayor Pro Tern Hall presented a Proclamation to Jack Schaffer and Bob Balaker of the
Optimist Club of Carlsbad in recognition of Respect for Law Week (May 2 - 8, 2005).
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL
Mayor Pro Tern Hall adjourned to the Special Meeting of the Carlsbad City Council at 6:07 p.m.
with Mayor Pro Tern Hall and three Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Pro Tern Hall adjourned the Special Meeting of the Carlsbad City Council at 6:08 with
Mayor Pro Tern Hall and three Council Members present.
May 17,2005 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR:
ACTION: On a motion by Council Member Kulchin, Council affirmed the action of
the Consent Calendar, Items #I through #9 as follows:
- AYES:
NOES: None
ABSENT: Lewis
Hall, Kulchin, Packard and Sigafoose
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #18,117 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2005-1 53, accepting a donation from
EarthProducts’ Audio Company in support of the 2005 Amps, Ramps, & Art - Teen
Expo.
2. AB #I 8,118 - VACATION OF A TRAIL EASEMENT - CT 92-01 (PR 04-1 01 ).
Council adopted RESOLUTION NO. 2005-1 54, summarily vacating the trail easement
offered for dedication on Map No. 13282, Carlsbad Tract No. 92-01 , PR 04-101.
3. AB #18,119 - VACATION OF A DRAINAGE EASEMENT IN CT 79-27 (PR 05-40).
Council adopted RESOLUTION NO. 2005-1 55, summarily vacating a portion of an
existing drainage easement within Lot 9 of Carlsbad Tract No. 79-27, PR 05-40.
4. AB #18,120 -AWARD OF CONTRACT FOR CONSTRUCTION OF CARLSBAD CITY
LIBRARY CHILDREN’S GARDEN PROJECT, CONTRACT NO. 425-4.
Council adopted RESOLUTION NO. 2005-1 56, accepting bids and awarding a contract
to Zondiros Corp. for the construction of the Carlsbad City Library Children’s Garden
Project.
5. AB #18,121 - ADOPTION OF REVISIONS TO THE DISADVANTAGED BUSINESS
ENTERPRISE (DBE) PROGRAM FOR OCTOBER 2004 THROUGH SEPTEMBER 2005.
Council adopted RESOLUTION NO. 2005-1 57, approving the revisions to the Caltrans
model Disadvantaged Business Enterprise (DBE) Program as contained within City
Council Policy Statement No. 67.
6. AB #18.122 -APPROVAL OF APPLICATION TO THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD FOR A USED OIL BLOCK GRANT.
Council adopted RESOLUTION NO. 2005-158, approving an application for a 2005-
2008 Used Oil Block Grant from the California Integrated Waste Management Board
(CIWMB) for the recycling of used oil.
7. AB #18.123 - APPROVAL OF GRANT APPLICATION TO THE CALIFORNIA LIBRARY
LITERACY SERVICE.
Council adopted RESOLUTION NO. 2005-159, approving the application for a grant
from the California Library Literacy Services Act Funds.
8. AB #18,124 - DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2005-160, declaring a continued state of local
emergency, and authorizing staff to seek reimbursement from state and federal
agencies.
May 17,2005 Carlsbad City Council Meeting Page 3
9. AB #18,125 - REPORT ON SETTLEMENT AGREEMENT WITH LA COSTA DE
MARBELLA HOMEOWNER’S ASSOCIATION.
Council reported the terms and conditions of the settlement agreement with La Costa
De Marbella, as required by the Brown Act.
ORDINANCE FOR INTRODUCTION:
10. AB #18,127 -AMENDMENT TO TITLE 10 OF THE CARLSBAD MUNICIPAL CODE TO
DESIGNATE PARKING RESTRICTIONS ON PORTIONS OF CARLSBAD BOULEVARD.
City Attorney Ron Ball titled the Ordinance.
In response to an inquiry from Council Member Kulchin, Mr. Ball stated that there is an existing
ordinance that prohibits camping on public property.
ACTION: On a motion by Council Member Kulchin, Council introduced
ORDINANCE NO. NS-756, amending Title IO, Chapter 10.40 of the
Carlsbad Municipal Code by the amendment of Section 10.40.041 to
establish no parking from 11:OO p.m. to 5:OO a.m. on a portion of
Carlsbad Boulevard and to amend the existing time designations that
restrict parking at night at various other locations on Carlsbad Boulevard.
AYES: - NOES: None
ABSENT: Lewis
Hall, Kulchin, Packard and Sigafoose
ORDINANCE FOR ADOPTION:
I 1. AB #I 8.128 - ADOPTION OF ORDINANCE TO AMEND TITLE 10 OF THE CARLSBAD
MUNICIPAL CODE TO ADOPT BY REFERENCE THE FEDERAL HIGHWAY
ADMINISTRATION‘S (FH WA) MANUAL.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE
NO. NS-755, amending Title 10 of the Carlsbad Municipal Code, by the
addition of Chapter 10.08.080 to adopt by reference the Federal Highway
Administration’s (FHWA) Manual on Uniform Traffic Control Devices
(MUTCD) 2003 Edition as amended by the MUTCD 2003 California
Supplement to replace the Caltrans Traffic Manual.
AYES:
NOES: None
ABSENT: Lewis
Hall, Kulchin, Packard and Sigafoose
May 17,2005 Carlsbad City Council Meeting Page 4
12. AB #18,129 - ADOPTION OF ORDINANCE TO AMEND THE CARLSBAD RESEARCH
CENTER SPECIFIC PLAN - INVITROGEN RECREATION FACILITIES - SP 180(G).
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE
NO. NS-754, amending the Carlsbad Research Center Specific Plan (SP
180(G)) to allow ancillary recreational facilities for developed properties
within the Specific Plan Area.
AYES:
NOES: None
ABSENT: Lewis
Hall, Kulchin, Packard and Sigafoose
PUBLIC COMMENTS:
Ellen Cavagnero, representing the Special Olympics, NSD, 1400 Vale Terrace, Vista, invited
the public to watch the North County Law Enforcement - Special Olympics Torch Run May 31
to June 1,2005.
Michael Ajure, 3537 Madison, requested a pedestrian bridge across the railroad tracks in his
neighborhood.
Julie Ajure, 3537 Madison, stated she would like the fences along the rail corridor removed.
She asked for a pedestrian bridge across the tracks.
Roy Sanchez, 3482 Roosevelt, read a letter he had sent to former Council Member Julie
Nygaard in 2002. (This letter is on file in the City Clerks Office). Mr. Sanchez stated that in
2002 he had requested a pedestrian bridge to cross over the train tracks.
Bryan Batten, 3401 Madison, stated that his neighborhood is high in density. He requested a
pedestrian crossing at Chestnut.
Michael Hedrick, 3557 Madison Street, Apt. B, read from a flyer that has been circulated in his
neighborhood. (This flyer is not on file in the Office of the City Clerk). He stated that he would
like a pedestrian crossing over the rail tracks. Mr. Hedrick stated that without the crossing it
would be difficult for many neighbors to use Pine Park.
Jeff Foudy, 2431 La Costa Ave., stated his concerns regarding the timing of retaining wall
construction at Marbella Condominiums.
In response to Council, Glenn Pruim, City Engineer, stated that Wednesday, May 18, 2005,
there would be a meeting of staff to determine direction on the Marbella project.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
Mayor Pro Tem Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District
at 6:22 p.m. with Mayor Pro Tem Hall and three Council Members present.
May 17,2005 Carlsbad City Council Meeting Page 5
ADJOURNMENT TO THE REGULAR MEETING OF THE HOUSING AND REDVELOPMENT
COMMISSION
Mayor Pro Tem Hall adjourned to the Regular Meeting of the Housing and Redevelopment
Commission at 6:34 p.m. with Mayor Pro Tem Hall and three Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Pro Tem Hall adjourned the Regular Meeting of the Housing and Redevelopment
Commission at 6:48 with Mayor Pro Tem Hall and three Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #18,130 - PRESENTATION FROM THE BOYS AND GIRLS CLUB OF CARLSBAD.
Citing a potential conflict of interest, Council Member Kulchin left the dais at 6:49 p.m.
Greg Nelson, Campaign Chair of the Boys and Girls Club, 3664 Maria Lane, requested
Council’s help in the construction of a new Boys and Girls Club to be located on Bressi Ranch.
Ron Sipiora, CPO of the Boys and Girls Club, 3372 Calle Santiago, gave an overview of the
project and discussed the benefits of the Boy and Girls club in the community. Mr. Sipiora
asked that the City make a cash contribution of $750,000, that Building Permit fees be waived
(an estimate of $100,000) and asked for an additional $99,999 for general operations. He
stated that the City’s contribution to the club would be matched at a ratio of four to one.
Patrick Casinelli, President of the Boys and Girls Club, stated that he would like to work with the
City on this project.
Melissa Uribe, a member of the Boys and Girls Club, spoke about how the club has motivated
her in her academic life.
Kimberly Mullen, mother of a member, stated that she and her son have been helped by the
social and economic of the club.
Randy Nakagawa, read a letter from Tim Stripe of Grand Pacific Resorts supporting the Boys
and Girls Club. (This letter is on file in the Office of the City Clerk.)
In closing Greg Nelson asked that Council choose to support the job being done at the
Carlsbad Boys and Girls Club.
Mayor Pro Tem Hall stated that the issue would be taken into consideration during the budget
adoption on June 21,2005.
Council received the report and took no action.
Council Member Kulchin returned to the dais at 7:16 p.m.
May 17,2005 Carlsbad City Council Meeting Page 6
14. AB #18,131- PRESENTATION FROM THE ENVIRONMENTAL CLUB OF CARLSBAD
HIGH SCHOOL.
Debbie Kelly, Vice President of Government Relations of the American Lung Association of San
Diego and Imperial Counties came forward to address Council.
Ms. Kelly gave a brief background of the smoke-free beach movement that began in San
Diego. Ms. Kelly also gave several statistics such as 85% of San Diegans do not smoke.
Angela M. Caraglio, 1310 Savannah Lane, and Stephanie Parker, 1414 Cressa Corte, Carlsbad
came forward to address Council.
Ms. Caraglio and Ms. Parker presented Council with folders and a binder (on file in the office of
the City Clerk) containing information regarding tobacco control.
Ms. Caraglio and Ms. Parker asked that Council consider supporting their proclamation for
Smoke Free Beaches, Parks and Lagoons for one month.
In response to an inquiry from Mayor Pro Tem Hall, Ms. Caraglio and Ms. Parker agreed to
leave their video regarding tobacco control for the Council Members to view at their leisure.
Council received the report and took no action.
15. AB #18,132 - PRESENTATION FROM TEENS FOR TOMORROW.
Members of the Carlsbad High School Teens For Tomorrow came forward to introduce
themselves to the Council Members.
Maddie Ramero, 6722 Lemonleaf Drive, Carlsbad, spoke in support of tobacco retailer licensure.
Robbie Jerome, 4660 Pannonia Road, Carlsbad, came forward to address Council. Mr. Jerome
stated that the Teens for Tomorrow had collected over 460 signatures (petition on file in the
office of the City Clerk) from citizens in Carlsbad in support of tobacco retailer licensure.
Aly Santana, 2718 Fern Glen Road, Carlsbad also spoke in support of tobacco retailer
I icensu re.
Lauren Sherritt, 7428 Capstan Drive, Carlsbad expressed concerns regarding the fact that
tobacco retailers are not required to have licenses.
Missy Venezuela, 3120 Madison Street, #B, Carlsbad spoke in support of tobacco retailer
licensure.
Ryan Score, 2699 Medord Court, Carlsbad expressed concerns relating to the accessibility of
tobacco to minors and asked that Council consider passing a tobacco retailer licensing
ordinance.
Robbie Lorick, 3455 Catalina Drive, Carlsbad voiced his support for a City ordinance regarding
tobacco ret ai le r kens ure.
Council Member Packard asked that the Teens For Tomorrow support making Carlsbad High
School a smoke-free campus.
May 17,2005 Carlsbad City Council Meeting Page 7
PRESENTATION:
Mayor Pro Tem Hall presented a Proclamation to the Carlsbad High School Environmental Club in recognition of Smoke Free Beaches, Parks and Lagoons Month.
John Sherritt, 7428 Capstan Drive, stated that the teen leaders inspire him. He asked Council for their support regarding this item.
Council Member Sigafoose thanked all of the youth for coming out to the Council meeting.
In response to an inquiry from Council Member Kulchin, Police Chief 2011 explained how the police department currently enforces tobacco rules.
Mayor Pro Tem Hall requested that the City Manager schedule a workshop with Teens for
Tomorrow and the Environmental Club of Carlsbad High School to discuss how to address the
tobacco issue and how to move forward.
Council received the report and took no action.
RECESS:
Mayor Pro Tem Hall declared a recess at 755 p.m. Council reconvened at 8:Ol p.m.,
with all members present.
16. AB #18,133 - REPORT ON PROPOSED 2005-2006 TO BUILDOUT CAPITAL IMPROVEMENT PROGRAM CClP).
Management Analyst Mike Arthur, and Associate Engineer Steve Jantz, presented the staff
report and reviewed a Power Point Presentation (on file in the City Clerk’s office).
Mr. Arthur and Mr. Jantz reviewed the budget calendar, the CIP process, the
development projections, and the new appropriations for the next fiscal year.
Mr. Arthur gave the dates of the upcoming meetings as they relate to the adoption of
the CIP and Operating Budget: June 7, 2005 - Staff will present proposed Operating
Budget; June 15, 2005 - Informal Public Workshop held at 1635 Faraday at 500 p.m. - this will be an opportunity for Citizen’s to discuss any portion of the proposed CIP or
Operating Budget; June 21 , 2005 - Public Hearing and Council action of Capital
Improvement Program and Operating Budget.
Council Member Sigafoose asked staff if an allocation to the Boys and Girls Club would
become part of the CIP Budget.
Finance Director Lisa Hildabrand stated that any allocation for the Boys and Girls Club
would depend on how Council chose to fund the allocation.
In response to an inquiry from Council Member Kulchin, Ms. Hildabrand confirmed that
a pedestrian bridge on Chestnut Avenue had never been part of the CIP Budget.
May 17,2005 Carlsbad City Council Meeting Page 8
Lisa Rodman, 3535 Simsbury Court, spoke about how long she has been asking for a new
pool, the safety involved in driving to and from the La Jolla pool and her support of the
proposed swim complex.
Stephen Meinen, 7327 Grebe Drive, spoke in favor of the new swim complex.
Nick Marsden, 3450 James Drive, stated that he would like a competition pool closer to home.
Michael Thomas, 2739 Victoria Ave., spoke about the numbers of people wishing to use the
pool and his support of a new pool.
Aaron Myers, 3536 Simsbury Court, spoke about how pool competition and recreation helps
children and teens.
Janet Ortiz, 7263 Surfbird Circle, mother of a swimmer, stated that there is potential for
increased revenue with a large swim complex.
Carol Pearson, 3265 Highland Drive, spoke in support of the CIP drainage project on Highland
Drive.
Joe Layng, 201 1 Avenue of the Trees, a State Lifeguard, spoke in favor of a new swim
complex.
Stephanie McClure, 3533 Hastings Drive, detailed how a therapy pool and wheelchair
accessible play area would help her daughter. Ms. McClure provided information to Council
regarding Universally Accessible Play Environments (on file in the office of the City Clerk).
Linda Douglas, 7505 Brava Street, stated that she was in support of the new complex.
James O'Leonard, 2670 Cazadero Drive, urged Council to fund the proposed swim complex.
Scott Pieratt, 7201 Manzanita Street, former Parks and Recreation Commissioner stated his
support for the new swim complex.
Dan Giddens, 7923 Via Ensenada, stated that La Costa Canyon High School does not have a
swim complex. He indicated that his sons swim at Palomar College, however, that too many
swimmers impact the Palomar pool. He referred to a letter from the Principal of La Costa
Canyon High School stating support for the pool and spoke of his support for the project. (This
letter is on file in the Office of the City Clerk).
Bob Hoff, 1089 Evergreen Drive, Encinitas, La Costa Canyon High School Swim Coach, spoke
in support of the new swim complex.
ACTION: On a motion by Council Member Kulchin, Council accepted the staff
report and set the Public Hearing for June 21, 2005.
AYES: - NOES: None
ABSENT: Lewis
Hall, Kulchin, Packard and Sigafoose
May 17,2005 Carlsbad City Council Meeting Page 9
PUBLIC COMMENT CONTINUED:
Joe Layng, 201 1 Avenue of the Trees, asked if Council would consider starting a City Lifeguard
Service. He mentioned that several cities have this service.
COUNCIL REPORTS AND COMMENTS:
Mayor Pro Tem Hall and Council Members reported on activities and meetings of some
committees and sub-committees of which they are members.
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:
Friday, May 20, 2005 - 6:OO p.m.
Carlsbad Chamber of Commerce Outstanding Educational Program Awards
La Costa Resort and Spa
2100 Costa Del Mar Road
Carlsbad, California
Friday, May 27, 2005 - 6:30 p.m.
Carlsbad Firefighters Association Annual Retirement Event
Grand Pacific Palisades
5805 Armada Drive
Carlsbad, California
ADJOURNMENT:
By proper m tion, the Regular Meeting of May 17, 2005 was adjourned at 9:45 p.m. P
Sheila Cobian
Deputy City Clerk