HomeMy WebLinkAbout2005-06-28; City Council; Minutes (2)MINUTES
MEETING OF:
DATE OF MEETING: June 28,2005
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
City Council Chambers
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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, Hall, Kulchin, Packard and Sigafoose.
PRESENTATIONS:
Mayor Lewis presented retiring employees Don Rideout and Diane Johnson with
Proclamations in recognition of their years of service to the City of Carlsbad.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #I through #8 as follows:
AYES:
NOES: None.
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 #18,179 -AGRICULTURAL LEASE WITH DONAL YASUKOCHI -APN 210-
090-1 7.
Council adopted RESOLUTION NO. 2005-204, approving an Agricultural Lease
Agreement with Dona1 Yasukochi dba Rey River Farms, Inc. for use of 3.01
acres of property, located south of Cannon Road and west of Avenida Encinas,
for agricultural purposes.
2. AB #18,180 -ACCEPTANCE OF CONCRETE REPLACEMENT - PROJECT NO.
FAC 04-06.
Council adopted RESOLUTION NO. 2005-205, accepting the work in
accordance with Contract No. 39241 Facilities and Parks Concrete Replacement
as complete, and directing the City Clerk to record the Notice of Completion.
3. AB #18,181- REVISED SALARY SCHEDULE FOR CLASSIFICATIONS
REPRESENTED BY THE CARLSBAD POLICE OFFICERS, ASSOCIATION.
Council adopted RESOLUTION NO. 2005-206, amending the Salary Schedule
effective the pay period including July 1, 2005 for classifications represented by
the Carlsbad Police Officers' Association.
June 28,2005 Carlsbad City Council Meeting Page 2
4.
5.
6.
7.
8.
AB #18,182 - RENEWAL OF EXCESS WORKERS, COMPENSATION BENEFITS.
Council adopted RESOLUTION NO. 2005-207, authorizing the renewal of
Excess Workers’ Compensation Insurance coverage for the period ending June
30,2006, at a premium of $150,586.
AB #18,183 -AGREEMENT FOR THE REHABILITATION OF THE
VISTNCARLSBAD INTERCEPTOR SEWER, PROJECT NO. 3867.
Council adopted RESOLUTION NO. 2005-208, approving an agreement
between the City of Carlsbad and the City of Vista for the rehabilitation of
Reaches VC1 through VC3 of the VistaICarlsbad Interceptor Sewer, Project No.
3867.
AB #18,184 - REFUNDS OF OVERPAYMENT OF BUSINESS LICENSE TAXES.
Council adopted RESOLUTION NO. 2005-209, authorizing the refund of
overpayment of business license taxes to JP Morgan Chase Bank NA; Continuity
Products; Sawier, LP; and Stellar Properties, LLC.
AB #18,185 - CONTINUATION OF THE DECLARATION OF LOCAL
EMERGENCY.
Council adopted RESOLUTION NO. 2005-210, declaring a continued state of
local emergency, authorization for staff to seek reimbursement from state and
federal agencies.
AB #18.191 -APPROVAL OF PURCHASE OF AERIAL LIFT TRUCK.
Council adopted RESOLUTION NO. 2005-217, approving the purchase of an
aerial lift truck from Altec Industries, Inc.
ORDINANCE FOR INTRODUCTION:
9. AB #18,186 - ESTABLISHMENT OF STOP CONTROLS ON CAMINO DE LAS
ONDAS.
Tom Judd, 1241 Gold Flower Road, expressed concerns relating to the proposed stop
signs and the noise associated with the traffic stopping and starting at the intersection
of Camino De Las Ondas and Lonicera Street.
Klaus Kirchhoff, 1258 Veronica Court, spoke in support of the proposed stop signs on
Camino De Las Ondas due to escalating safety concerns.
David Jones, 6736 Lonicera Street, spoke regarding speeds on Lonicera and the need
for the proposed stop signs.
Bob Johnson, Deputy City Engineer presented the staff report and reviewed a
PowerPoint Presentation (on file in the City Clerk’s office).
In response to an inquiry from Council Member Packard, Mr. Johnson confirmed that
the standard distance from one stop sign to another on a collector street is 300 feet
between intersections.
June 28,2005 Carlsbad City Council Meeting Page 3
Marty Fletcher, 6742 Lemon Leaf Drive, also expressed his support for the proposed
stop controls on Camino De Las Ondas.
Robert Gates, 6748 Lemon Leaf Drive, spoke in support of the proposed stop signs on
Camino De Las Ondas.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced
ORDINANCE NO. NS-759, amending Title IO, Chapter 10.28 of
the Carlsbad Municipal Code by the addition of Sections 10.28.790
and 10.28.800, to require a stop on Camino De Las Ondas at its
intersection with Lemon Leaf Drive and to require a stop on
Camino De Las Ondas at its intersection with Lonicera Street.
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
INTRODUCTION & ADOPTION OF URGENCY ORDINANCE:
10.AB #18,187- AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE REGULATING
LICENSING AND OPERATIONAL STANDARDS FOR ADULT BUSINESSES AND
PERFORMERS.
John Byrom, 1745 Fire Mountain Drive, Oceanside, came forward to address Council.
Mr. Byrom spoke in support of the City’s proactive stance to adopt the proposed
Ordinance. Mr. Byrom also stated that the City should consider including Head Shops
as part of the Ordinance.
Kathy Lippitt, 3227 Rancho Companero, expressed her support for the proposed
Ordinance and also encouraged the City to include Head Shops in the Ordinance.
In response to an inquiry from Council Member Packard, City Attorney Ron Ball
confirmed that the Tobacco Ordinance may be a more appropriate place to include
regulations regarding Head Shops.
Deborah J. Fox ,of Fox and Sohagi, LLP, came fotward to address Council. Ms. Fox
stated that the Ordinance before Council gives state of the art regulations and operating
standards in any type of adult establishment.
City Attorney Ron Ball titled the Urgency Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced and
adopted URGENCY ORDINANCE NO. NS-760, amending sections
8.09, 1 I .28 and 21.43 of the Carlsbad Municipal Code and adding
chapters 8.60 and 8.70 to the Carlsbad Municipal Code regulating
the licensing and operational standards for adult businesses and
licensing procedures for adult performers.
AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
June 28,2005 Carlsbad City Council Meeting Page 4
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-761, amending sections 8.09, 1 1.28 and
21.43 of the Carlsbad Municipal Code and adding chapters 8.60
and 8.70 to the Carlsbad Municipal Code regulating the licensing
and operational standards for adult businesses and licensing
procedures for adult performers.
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
Mayor Lewis declared a recess at 6:48 p.m. Council reconvened at 653 p.m., with five
members present.
PUBLIC HEARINGS:
1 I. AB #I 8.188 - PONTO BEACHFRONT VILLAGE VISION PLAN GPA 05-04/LCPA
05-01/D1 05-01.
Housing and Redevelopment Director Debbie Fountain, presented the staff report and
reviewed the PowerPoint presentation (on file in the office of the City Clerk).
Ms. Fountain detailed the site location and the planning process for the proposed Vision
Plan. Ms. Fountain stated that the Ponto Beachfront Village Vision Plan Goals were:
0 Establish a southern gateway to the City
0 Accommodate a balanced and economically viable mix of tourist and community
serving uses
0 Provide for pedestrian scaled and high quality architecture in the area
0 Expanded beach access
Utilize landscaping to celebrate the horticulture heritage of the City
0 Ensure that public facilities and services meet the Growth Management Plan
requirements
Ms. Fountain reviewed the various neighborhoods that were created as part of the
Ponto Beachfront Village Vision Plan.
Ms. Fountain stated that staff had met with and reviewed the Ponto Beachfront Village
Vision Plan with the Coastal Commission, the State Parks Department, Batiquitos
Lagoon Foundation, and Surfrider Foundation.
Ms. Fountain also stated that in an effort to share the Vision Plan with the Community,
staff held a community workshop in August of 2004. Staff also went out to the following
Homeowner’s groups in an effort to share the Vision Plan:
0 San Pacifco Homeowner’s Association
0 Watersend Homeowner’s Association
0 Southwest Coalition Homeowner‘s Association
0 Hanover Colony Homeowner’s Association
June 28,2005 Carlsbad City Council Meeting Page 5
Ms. Fountain stated that staff also met with and gave presentations regarding the
Vision Plan to various business groups at the Chamber of Commerce.
Gary Barberio, Principal Planner reviewed the recommended action presented to
Council.
Mr. Barberio stated that the City completed the following environmental related studies:
0 Comprehensive Traffic Analysis
0 Geotechnical Contraints and Opportunities Analysis
0 Biological Resource Survey
0 Wetland Delineation Report
0 Cultural Resources Survey
0 Economic Assessment of Development Potential within the Ponto area
Mr. Barberio also explained that by utilizing the above referenced studies, staff
concluded that the appropriate CEQA document for the Ponto Beachfront Village Vision
Plan, the General Plan Amendment and the Local Coastal Program Amendment was a
Mitigated Negative Declaration. Mr. Barberio stated that the Mitigated Negative
Declaration was prepared and circulated for a 30-day public review period starting in
mid-March of 2005.
In response to an inquiry from Council Member Packard, Ms. Fountain reviewed the
linear parking at the State campground.
Mayor Pro Tem Hall confirmed with staff that some areas of the Vision Plan were
already governed by a Master Plan.
In response to an inquiry from Mayor Lewis, Ms. Fountain stated that staff had met with
the property owner’s and they were in support of the Vision Plan.
Mayor Lewis requested that any property owner in the audience come forward to state
their support or opposition for the proposed Vision Plan.
Louis Taschner, 322 B. North Nevada Street, Oceanside, representing property owner
Dale Schreiber, came forward to address Council. Mr. Tashner stated that Mr.
Schreiber was in support of the proposed Ponto Vision Plan.
Stan Wyler, with Howes, Wyler and Associates, 2382 Faraday Avenue, representing Kahib
Maney and Companies, who is in negotiations with the Kaiser Poinsettia Corporation
properties. Mr. Wyler stated that his client was in support of the proposed Ponto Beachfront
Village Vision Plan.
Mayor Lewis opened the duly noticed public hearing at 8:02 p.m. and asked if anyone
would like to speak.
Sophia Stone, 928 Rosemary Avenue, came forward to address Council. Ms. Stone
expressed her and her family’s appreciation for Ponto Beach.
Ted Owen, President of Carlsbad Chamber of Commerce, 5934 Priestley Drive, spoke
in support of the City’s Ponto Beachfront Village Vision Plan.
June 28,2005 Carlsbad City Council Meeting Page 6
Batiquitos Lagoon Foundation President Seth Schulberg, 1060 Chinquapin Avenue,
spoke in support of the Vision Plan. Mr. Schulberg also asked that Council protect the
natural resources within the Vision Plan.
Carlsbad Chamber of Commerce Chairman Tim Stripe, 5900 Pasteur Court Suite 200,
came forward to address Council. Mr. Stripe spoke in support of the proposed Vision
Plan.
Carlsbad Convention and Visitors Bureau Executive Director Kurt Burkhart, 400
Carlsbad Village Drive, expressed his support for the proposed Vision Plan.
Daniel DiSepio, 7374 Escallonia Court, expressed concerns relating to the intensity and
density of the proposed plan. Mr. DiSepio also stated that he did not feel that a
Mitigated Negative Declaration was sufficient for the Vision Plan.
Emily Richdale, 924 Begonia Court, spoke in opposition to the Ponto Beachfront Village
Vision Plan and stated that the proposed plan lacks the necessary Environmental
Impact Report (EIR).
Curtis Montgomery, 71 11 Linden Terrace, expressed his concerns regarding the
proposed development of the Ponto Beach area.
Joanne Van Meter, 516 Stern Way, also spoke in opposition to the Ponto Beachfront
Village Vision Plan. Ms. Van Meter asked the following questions:
0 Will the proposed parking lots be pay parking and will the proposed parking
structures be available for beach parking?
0 Will there be increased police patrols?
0 How many restaurants will have views?
Peggy Crowley, homeowner in San Pacifico, spoke in opposition to the Ponto
Beachfront Village Vision Plan. Ms. Crowley suggested that the area where the
beachfront resort is proposed be purchased by the City and a park constructed.
RECESS:
Mayor Lewis declared a recess at 8:31 p.m. Council reconvened at 8:38 p.m., with five
members present.
Brian Pence, 7370 Portage Way, spoke in opposition to the Ponto Beachfront Village
Vision Plan. Mr. Pense expressed concerns relating to the potential traffic congestion
in the proposed development area.
Michael Crowley, 521 Stern Way, came forward to address Council. Mr. Crowley
expressed concerns relating to the mobile homes and people who sleep in their cars
along South Carlsbad State Beach. Mr. Crowley stated that he and his neighbors call
the Carlsbad Police Department on average 20 times per month regarding the overnight
parking.
Bryce Gregory, 201 0 Shadowgrove Way, Encinitas, expressed concerns relating to the
Ponto Beachfront Village Vision Plan. Mr. Bryce suggested that a theme of surfing and
flowers should be followed.
June 28,2005 Carlsbad City Council Meeting Page 7
Kasey Cinciarelli, 2737 Lyons Court, came forward to address Council. Ms. Cinciarelli
spoke in opposition to the proposed Vision Plan and asked that some of the area be left
in an undeveloped state.
Liz Kruidenier, 3005 Cadencia Street, voiced concerns relating to the Vision Plan. Ms.
Kruidenier stated that the plan as proposed is far too commercial.
Chair of the San Diego Chapter of the Surfrider Foundation Todd T. Cardiff, 169
Saxony Road, Suite 201, Encinitas, came forward to address Council. Mr. Cardiff
spoke in opposition to the proposed Vision Plan. Mr. Cardiff stated that the Vision Plan
has all the elements of a Specific Plan under the Government Code Section 654451.
Mr. Cardiff explained that under the California Environmental Quality Act, the City is
required to look at the potential impacts of the project and to avoid or mitigate any
impacts.
Mr. Cardiff referenced a letter from Brian Woodward (on file in the office of the City
Clerk), documenting photos of a pair of Pacific Coastal Gnatcatchers on the proposed
Vision Plan site.
David Grubb, 2233 Manchester #I , Cardiff, representing the San Diego Chapter of the
Sierra Club came forward to address Council. Mr. Grubb expressed concerns relating
to the Mitigated Negative Declaration and urged Council to deny the Mitigated Negative
Declaration and bring the proposed Vision Plan back with a full Environmental Impact
Report.
Sarah Miller, 4940 E. Saratoga, San Diego, stated that the Environmental Impact
Report is the heart of CEQA and must be implemented at the appropriate time.
Jim Baer, 6800 Watercourse Drive, expressed his concerns relating to the proposed
Vision Plan.
Blake Wood, 7444 Capstan Drive, voiced his support for an Environmental Impact
Report prior to approval of the proposed Vision Plan. Mr. Wood also referenced a letter
from Assemblyman Wyland (on file in the office of the City Clerk) relating to
environmental concerns of the State Parks and Recreation Department.
Wayne Brechtel, 462 Stevens Avenue, Solana Beach, also expressed support for an
Environmental Impact Report prior to approval of the Vision Plan.
Dale E. Ordas, 7325 Seafarer Place, spoke in opposition to the plan due to the
potential negative traffic impacts on Avenida Encinas and Portage Way.
Luis Saunders, 503 Rudder Avenue, also asked that an Environmental Impact Report
be prepared prior to approval of the Vision Plan.
Robert Rickert, 225 Ridge Terrace, Encinitas, representing Sierra Club came forward to
address Council. Mr. Rickert asked that the City conduct an Environmental Impact
Report prior to approval of the Vision Plan.
In response to an inquiry from Mayor Pro Tem Hall, Mr. Rickert explained that the
Sierra Club desires more modest growth.
June 28,2005 Carlsbad City Council Meeting Page 8
Paul Mattioli, 1623 Neptune, Leucadia, requested that an Environmental Impact Report
be prepared prior to approval of the Vision Plan. Mr. Mattioli also expressed concerns
relating to increased water consumption, sewage, litter on the beaches, and pesticides
as a result of the proposed Vision Plan.
Paul Connolly, 7122 Leonard Street, spoke in opposition to the Vision Plan and
requested than an Environmental Impact Report be prepared.
Liam Ferguson, 2065 Leonard Street, expressed his concerns relating to the density of
the proposed Vision Plan and asked that an Environmental Impact Report be prepared.
Greg Thompson, 71 55 Linden Terrace, requested the preparation of an Environmental
Impact Report prior to approval of the Vision Plan.
President of the San Diego North Convention and Visitor’s Bureau Cami Mattson, 6120
Paseo Del Norte, spoke in support of the Ponto Beachfront Village Vision Plan and
expressed her confidence in the City’s smart growth development.
Brian D. Katz, 2152 Bacon Street, San Diego, spoke regarding his interpretation of
Sierra Club’s support for density in coastal areas. Mr. Katz also requested an
Environmental Impact Report to identify possible impacts on the City’s resources.
Ellen Falls, 538 Windsock Way, asked Council to do a full environmental impact study
prior to approval of the Vision Plan.
Ruth Solorio, 2563 Navarra Drive, requested that an Environmental Impact Report be
prepared for the proposed Vision Plan.
Mary Jane Vigo, 609 Navigator Court, expressed concerns relating to the Vision Plan.
Ms. Vigo asked that quality of life be considered.
Matthew Shakter, 7121 Rockrose Terrace, spoke in opposition to the Vision Plan. Mr.
Shakter stated that the proposed development would be out of character for Carlsbad.
Rebecca Howell, Elfin Forest, asked that Council listen to people who go to Ponto
Beach everyday. Ms. Howell also requested that an Environmental Impact Report be
completed.
John H. Adams, 914 Caminito Madrigal #B, spoke in opposition to the Ponto Beachfront
Village Vision Plan.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 959 p.m.
In response to an inquiry from Council Member Sigafoose, Alex Jewell, Environmental
Consultant with RBF Consulting, stated that the traffic study had been completed in
April, 2004.
Council received the public testimony and concurred to return the item for discussion
and action on July 19, 2005.
June 28,2005 Carlsbad City Council Meeting Page 9
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL
WATER DISTRICT
Mayor Lewis adjourned the City Council Meeting to the Special Meeting of the Carlsbad
Municipal Water District at 10:05 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District to
the remainder of the City Council Meeting at 10:06 p.m. with all members present.
DEPARTMENTAL AND CITY MANAGER REPORT:
12. AB #18,189 -APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2005-21 3, and RESOLUTION NO. 2005-21 4, re-appointing William
Kamenjarin and Bill Lignante to the Library Board of Trustees.
- AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
13. AB #18,190 -APPOINTMENTS TO THE BEACH PRESERVATION COMMITTEE.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2005-21 5, and RESOLUTION NO. 2005-21 6, re-appointing William
Carroll and Richard Erhardt to the Beach Preservation Committee.
- AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis 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.
ADJOURNMENT:
By proper motion, the Regular Meeting of June 28, 2005 was adjourned at 1O:lO p.m.
L 1 City Clerk
Sheila R. Cobian
Deputy City Clerk