HomeMy WebLinkAbout2005-12-06; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: December 6, 2005
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the Deputy City Clerk, as follows:
Present: Lewis, Hall, Kulchin, Packard and Sigafoose.
Absent: None.
LEGISLATIVE INVOCATION:
Pastor Charlie Youngkin of the Carlsbad Community Church offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Kulchin led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Hall, minutes of the following meetings were approved
as presented:
Minutes of the Regular Meeting held November 8, 2005.
Minutes of the Joint Special Meeting held November 8, 2005.
CONSENT CALENDAR:
Item No. 1 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #2 through #9 as follows:
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose
NOES: None
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #18.351 - NAMING A PORTION OF HIDDEN CANYON PARK IN HONOR OF
ANN D. L'HEUREUX.
Mayor Pro Tem Hall requested that this item be pulled for discussion and
delayed to await the arrival of Hap L'Heureux.
December 6, 2005 Carlsbad City Council Meeting Page 2
2. AB #18.352 - AMENDMENT NO. 2 TO CONSULTANT AGREEMENT FOR AVIARA
COMMUNITY PARK. PROJECT NO. 3699-1.
Council adopted RESOLUTION NO. 2005-344. approving Amendment No. 2 to
the agreement with B & G Consultants for construction management services for
Aviara Community Park.
3. AB #18.353-ACCEPTANCE OF CONSTRUCTION OF RESTROOM AT HOLIDAY
PARK - PROJECT NO. 38971.
Council adopted RESOLUTION NO. 2005-345. accepting the construction of the
restroom at Holiday Park as complete, and directing the City Clerk to record the
Notice of Completion.
4. AB #18.354 - REVISIONS TO POLICE DEPARTMENT CLASSIFICATIONS AND
SALARY SCHEDULE.
Council adopted RESOLUTION NO. 2005-346. revising various Police
Department classifications and amending the salary schedule.
5. AB #18.355 - REPORTING OUT TERMS AND CONDITIONS OF SETTLEMENT
AGREEMENT WITH TRIMARK PACIFIC HOMES.
Council reported the terms and conditions of the settlement agreement as
required by the Brown Act between the City of Carlsbad and Trimark Pacific
Homes regarding the 1988 Fire Station Agreement.
6. AB #18.356 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on the status of City investments as of
October 31,2005.
7. AB #18.357 - CERTIFICATION AND ADDITION OF PROPERTY TO COMMUNITY
FACILITIES DISTRICT NO. 1 -TABATA RESIDENTIAL SUBDIVISION -
ANNEXATION NO. 05/06-01.
Council adopted RESOLUTION NO. 2005-347. certifying the results of an
election and adding property known as the Tabata Residential Subdivision to the
existing Community Facilities District No. 1.
8. AB #18.358- REQUEST FOR OUT OF STATE TRAVEL.
Council adopted RESOLUTION NO. 2005-348. approving out-of-state travel for the
Police Department's gang detective to attend a two-day gang conference in Las
Vegas, Nevada.
9. AB #18.359 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2005-349. declaring a continued state of
local emergency, and authorizing staff to request assistance and concurrence
from the Office of Emergency Services.
December 6, 2005 Carlsbad City Council Meeting Page 3
PUBLIC COMMENT:
A representative from Policewatch.org came forward to address Council. The
representative expressed concerns relating to police accountability.
DISCUSSION OF CONSENT CALENDAR ITEM:
1. AB #18.351 - NAMING A PORTION OF HIDDEN CANYON PARK IN HONOR OF
ANN D. L'HEUREUX.
Mayor Pro Tem Hall expressed Council's appreciation for the efforts of former Planning
Commissioner, Ann D. L'Heureux and stated that the City Council would be naming a
portion of Hidden Canyon Park in remembrance of Mrs. L'Heureux.
Mrs. L'Heureaux's husband, Hap, came forward to thank Council for the honor
bestowed upon Ann's memory.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-343. approving the naming of the dog
park portion of Hidden Canyon Park as "Ann D. L'Heureux
Memorial Dog Park".
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose
NOES: None
PUBLIC HEARING:
10. AB #18.360 - BRESSI RANCH LOT 40 CT 05-07/PUD 05-05/PIP 05-02.
Senior Planner Christer Westman presented the staff report and reviewed a PowerPoint
presentation (on file in the City Clerk's office).
In response to an inquiry from Mayor Lewis, Mr. Westman confirmed that no one from
the public came to the Planning Commission hearing to comment on the project.
The applicant's representative, Gary Wayne of Pacific Municipal Consultants, 10951
Sorrento Valley Road, San Diego, came forward to address Council.
Mr. Wayne stated that he was available to answer any questions Council might have.
Mayor Lewis opened the duly noticed Public Hearing at 6:16 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:16 p.m.
December 6, 2005 Carlsbad City Council Meeting Page 4
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2005-350. approving a Tentative Tract Map,
Planned Unit Development, and Planned Industrial Permit to
subdivide a 9.63 acre property into 15 Industrial Lots and develop
the site with 119,100 square feet of office space within 14 buildings
located south of Palomar Airport Road and east of Melrose Drive in
Local Facilities Management Zone 17.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose
NOES: None
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL
AND CARLSBAD MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Joint Special Meeting of the Carlsbad City Council and
Carlsbad Municipal Water District at 6:17 p.m. with five Council Members present.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER
DISTRICT
Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at
6:18 p.m. with five Council Members present.
ADJOURNMENT TO THE SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY
Mayor Lewis adjourned to the Special Meeting of the Public Financing Authority at 6:20 p.m.
with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Public Financing Authority at 6:22 p.m.
with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS;
12. AB #18.362- ALGA NORTE COMMUNITY PARK AND AQUATICS COMPLEX
PROJECT DESIGN CLARIFICATIONS AND COST RECOVERY GOAL.
Recreation Director Ken Price and Municipal Project Manager John Cahill presented
the staff report and reviewed a PowerPoint Presentation (on file in the City Clerk's
office).
Mr. Price reviewed the location of the park and the various amenities scheduled for
construction in the park.
Mr. Price also gave details of the following park construction options for Council's
review:
• Construction Option 1 - Build entire complex as one project
• Construction Option 2 - Defer moving river portion to future
• Construction Option 3 - Defer all recreation components within aquatics complex
to future
December 6, 2005 Carlsbad City Council Meeting Page 5
In response to an inquiry from Council Member Packard, Management Assistant Lolly
Sangster explained that the peak season for the aquatics components of Alga Norte
Park would be throughout the summer including one month before school lets out in the
spring and one month after school starts in the fall.
Council Member Packard asked whether major events and tournaments such as swim
competitions would be precluded from occurring in the park during the time when the
moving river is operational in the park.
Ms. Sangster explained that during the peak season for the moving river, staff
recommended that special events be held on a smaller scale and that the larger scale
events would be held in non-summer months.
Ms. Sangster further clarified that the goal regarding scheduling of events at the park
would be to serve the greatest number of citizen's possible.
In response to an inquiry from Council Member Packard, Aquatics Supervisor Carl
Pope explained that aquatics events occur on a year round basis.
Council Member Packard confirmed with staff that Little League would still be able to
hold their season at the park even though there would be some overlap between their
season and the peak time for the recreational components of the aquatics portion of the
park.
Mayor Lewis commented that the average age of the citizens in Carlsbad is 39 years
old with two children and that this park is for all of the citizens in Carlsbad, not
necessarily just for high schools or Olympic teams.
Kasey Cinciarelli, 2727 Lyons Court, Carlsbad, came forward to address Council. Ms.
Cinciarelli suggested that staff look into solar and other sources of sustainable energy
as part of the design and cost recovery of the Alga Norte Park project.
In response to Ms. Cinciarelli's suggestions, Municipal Projects Manager John Cahill
explained that from the very beginning of the project, the design has been influenced
and fashioned to identify opportunities to reduce energy costs. Mr. Cahill further
explained that a comprehensive study is underway regarding solar energy and other
alternative energy technologies to reduce the energy costs of the park.
Michael Thomas, 2739 Victoria Avenue, Carlsbad, came forward to address Council.
Mr. Thomas encouraged Council to complete the pool in its entirety as a gift to the
Carlsbad community.
Council Member Sigafoose stated that she would be able to support Option No. 3 and
defer the recreational components until a later date due to the savings for the City.
Council Member Kulchin stated that if the City defers any of the components of the
park, the construction costs would just increase at a later date. Ms. Kulchin stated that
she is in support of Option No. 1, to build the entire project.
December 6, 2005 Carlsbad City Council Meeting Page 6
Mayor Pro Tern Hall stated that he would be in support of construction Option No. 3
with the Recreation pool being included in the first phase of construction.
Mayor Lewis stated that he is in support of construction Option No. 1.
Council Member Packard stated that he has been persuaded to go along with
construction Option No. 1.
ACTION: On a motion by Council Member Packard, Council directed staff to
process and appropriate permits for the implementation of
Alternative No. 1 for the aquatics complex.
AYES: Lewis, Kulchin, and Packard
NOES: Hall and Sigafoose
In response to a request from Mayor Lewis, Mr. Cahill gave the location of the proposed
skatepark amenity.
Mr. Cahill stated that the skatepark would be located immediately adjacent to a
restroom facility and to the east of the tot lot area.
Council Member Kulchin confirmed with staff that the skatepark would be lighted.
Council Member Packard stated that he is in support of leaving the skatepark in the
location as designed.
Mayor Lewis asked if there are fines in place to reimburse the City if a skateboarder is
found to be destroying public property within the park.
City Attorney Ron Ball explained that there are consequences for destroying public
property.
Council concurred that they would consider closing down the skatepark in the event the
other amenities of the park were being destroyed by skateboarders.
Mr. Cahill explained that staff had considered including decorative, raised concrete that
would discourage skateboard use on the hardscape outside of the skatepark.
Council concurred the skatepark would remain where currently designed within the
park.
Council discussion ensued regarding their desire to include universal play equipment
within the park.
ACTION; On a motion by Mayor Pro Tern Hall, Council directed staff to
include universal play equipment in the design of the park.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose
NOES: None
December 6, 2005 Carlsbad City Council Meeting Page 7
RECESS:
Mayor Lewis declared a recess at 7:38 p.m. Council reconvened at 7:46 p.m., with five
members present.
Municipal Projects Manager John Cahill stated that the last thing for Council to consider
regarding the park is the goal for cost recovery.
In response to an inquiry from Mayor Pro Tem Hall, Management Assistant Lolly
Sangster explained the three factors taken into consideration when developing the
range for cost recovery were:
• Variance In Pricing
• Demand
• Operational Expenses
Ms. Sangster further explained that the cost recovery range established for the park by
staff was from 65% (very conservative) to 110% (optimistic).
Mayor Pro Tem Hall stated that he would like 75% cost recovery.
City Manager Ray Patchett suggested that Council establish a target cost recovery
percentage for staff to work around.
Council Member Packard suggested a cost recovery goal of 66%.
Council concurred to compromise with a target cost recovery goal of 70%.
ACTION: On a motion by Mayor Pro Tem Hall, Council established a goal of
70% cost recovery for the aquatics complex.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose
NOES: None
After Council discussion, Council concurred to adopt Resolution No. 2005-352 as a
unanimous Council, including the previously approved amendments.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-352. as amended, directing staff to
process and appropriate permits for the implementation of
Alternative No. 1 for the aquatics complex, to design the park to
include universal play equipment, and establishing a goal of 70%
cost recovery for the aquatics complex.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose
NOES: None
December 6, 2005 Carlsbad City Council Meeting Page 8
13. AB #18.363 - OPEN SPACE MANAGEMENT PLAN (OSMP).
Senior Planner Michael Grim presented the staff report and reviewed a PowerPoint
Presentation (on file in the City Clerk's office).
Fred Sandquist, 6408 Crossbill Court, Carlsbad, came forward to address Council. Mr.
Sandquist stated that he supports obtaining a certified biologist as the Preserve
Steward.
Diane Nygaard, 5020 Nighthawk Way, Oceanside, representing the MHCP Task Force
of the San Diego Sierra Club, came forward to address Council. Ms. Nygaard
expressed concerns relating to the fact that the report had only been available to review
for one day. Ms. Nygaard also requested that Council continue the agenda item to
allow for the public to review the Open Space Management Plan.
In response to an inquiry from Mayor Pro Tern Hall, Mr. Grim confirmed that comments
received at an Open Space Workshop from representatives of the Carlsbad Watershed
Network, the Wildlife Agencies, and interested developers had been incorporated into
the Open Space Management Plan.
ACTION; On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-353. accepting the Open Space
Management Plan and authorizing staff to negotiate a contract with
the Center for Natural Lands Management to provide maintenance
of City-owned open space land located within the City's habitat
preserve system and to send out Requests for Proposals for the
purpose of retaining a qualified biologist to serve as the Preserve
Steward.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose
NOES: None
14. AB #18.364 - PRESENTATION REGARDING THE 2005 QUALITY OF LIFE INDEX.
At the request of the presenters, this item was continued to a later date.
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.
December 6, 2005 Carlsbad City Council Meeting Page 9
ANNOUNCEMENTS:
Sheila Cobian, Deputy City Clerk, announced that Council Members have been invited
to attend, and may be participating in the following events:
Thursday, December 8, 2005 - 6:30 a.m.
City of Carlsbad Employee Holiday Breakfast
La Costa Resort
2100 Costa Del Mar Road
Carlsbad, California
Monday, December 12, 2005 - 5:30 p.m.
League of California Cities Division Meeting
La Costa Resort
2100 Costa Del Mar Road
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of December 6, 2005 was adjourned at 8:48 p.m.
SHEILA R. COBIAN
Deputy City Clerk