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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