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Home My WebLink About2006-01-17; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 17, 2006 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 City Clerk, as follows: Present: Lewis, Hall, Kulchin, Packard and Sigafoose. Absent: None. LEGISLATIVE INVOCATION: Pastor Dwayne Edwards of Las Flores Church of the Nazarene offered the Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Hall led the Pledge of Allegiance. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #1 through #5 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 #18.407 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2006-006. accepting a donation from George and Patricia Gowland for the expansion of the Library collection and appropriating the funds to the Library Gifts and Bequests Fund. 2. AB #18.408 - REFUNDS OF OVERPAYMENT OF BUSINESS LICENSE TAXES. Council adopted RESOLUTION NO. 2006-007. authorizing the refund of overpayment of business license taxes to Timberland, The Good Guys, and Mobile Systems Wireless. 3. AB #18.409 - PURCHASE OF POLICE PATROL SEDANS. Council adopted RESOLUTION NO. 2006-008. approving the purchase of thirteen police patrol sedans from Villa Ford. January 17, 2006 Carlsbad City Council Meeting Page 2 4. AB #18.410 - PURCHASE OF TWO MEDIUM DUTY RESCUE AMBULANCES. Council adopted RESOLUTION NO. 2006-009. approving the purchase of two medium duty rescue ambulances from Road Rescue/Emergency Vehicle Group, Inc. 5. AB #18.411 - REQUEST FOR OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2006-010. approving out-of-state travel for the Library's Deputy Director to attend the Public Library Association 11th National Conference in Boston, Massachusetts. PUBLIC COMMENT: Mayor Lewis suggested that Council consider having the City Attorney begin a review of the processes which govern public and private meetings between staff and citizens and what practices are being followed. Council Member Packard expressed concerns, stating that the request gives the appearance of bad faith in City staff. Mr. Packard also stated that he believes staff has continued to operate above board, even though not everybody understands the process. ACTION: On a motion by Mayor Lewis, Council concurred to have a report from the City Attorney placed on a future agenda regarding the processes that govern public and private meetings between staff and citizens and what practices are currently being followed within the City. AYES: Lewis, Hall, Kulchin, and Sigafoose NOES: Packard Renee Glotzbach, 1877 Martin Circle, came forward to address Council. Ms. Glotzbach requested that Council consider banning alcohol consumption at public events, such as the Street Faire. Ron Alvarez, a member of the Concerned Citizens of Carlsbad, 354 Oak Avenue, came forward to address Council. Mr. Alvarez expressed concerns relating to the possible development of the Carlsbad Strawberry and Flower Growing Fields. He further discussed an initiative regarding development and its background. Dr. Christopher Mollinar, 3945 Harding Street, came forward to address Council. Mr. Mollinar also expressed concerns relating to the possible development of the Carlsbad Strawberry and Flower Growing Fields. January 17, 2006 Carlsbad City Council Meeting Page 3 PUBLIC HEARING: This item was continued from the Council Meeting of December 13, 2005. 6. AB #18.385 -APPROVAL OF REVISIONS TO THE HABITAT MANAGEMENT PLAN MITIGATION FEE PROGRAM. Senior Planner Mike Grim 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. Grim confirmed that a letter had been received from the Building Industry Association of California (on file in the office of the City Clerk) requesting that the fee program be phased in over a year or more and that all projects with applications deemed complete be pipelined under the current fee schedule. In response to an inquiry from Council Member Kulchin, Mr. Grim explained that in the event of a shortfall in the fees, the fees could be reviewed and raised, or the City would fund the shortfall from the General Fund. Council Member Sigafoose asked at what point does a developer become subject to the mitigation. Mr. Grim responded that the amount of mitigation required will be assessed during the discretionary review when the developer is undergoing CEQA Review and HMP compliance. In response to an inquiry from Mayor Lewis, Mr. Grim explained that Proposition C funds are meant to be spent within in the City limits on either open space acquisition or trail linkages. Mayor Lewis opened the duly noticed Public Hearing at 6:37 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:38 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-373. approving a revised Habitat Management Plan Mitigation Fee Program. AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose NOES: None 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 6:39 p.m. with five Council Members present. January 17, 2006 Carlsbad City Council Meeting Page 4 ADJOURNMENT TO THE REGULAR MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Regular Meeting of the Housing and Redevelopment Commission at 6:40 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Regular Meeting of the Housing and Redevelopment Commission at 7:59 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: 7. AB #18.412 - APPEAL OF TRAFFIC SAFETY COMMISSION DECISION NOT TO IMPLEMENT AN ALL-WAY STOP AT THE HOSP WAY / WINTERGREEN DRIVE / GROVE AVENUE INTERSECTION. Deputy City Engineer Bob Johnson 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 Sigafoose, Mr. Johnson explained that if an all-way stop intersection were created, the imbalance of traffic volume on Hosp Way compared to the side streets would result in an inordinate amount of delay to the cueing on the major street because of the need to take turns at the all-way stop. Mr. Johnson further explained that the necessary cueing could result in air and noise pollution. Ms. Wanda Wood, 2952 Wintergreen Drive, representing the Hill Gate Homeowners Association, came forward to address Council. Ms. Wood distributed photos of the intersection to Council (on file in the office of the City Clerk). Ms. Wood stated that one of the homes on the corner of Grove and Hosp Way had been crashed into twice in the past four years. Ms. Wood requested that the City Council overrule the Traffic Safety Commission's decision and make Hosp Way/Wintergreen Drive and Grove Avenue an all-way stop. Lee Ann Lilenthall, 2728 Grove Avenue, also asked that Council make the intersection an all-way stop. Mayor Pro Tem Hall stated that he could support an all-way stop at the intersection. Council Member Kulchin also stated that she could support an all-way stop at the intersection. Council Member Packard stated that while he is sympathetic to the resident's frustration, the all-way stop is not the solution due to the traffic ratios. Council Member Sigafoose said that she too could support an all-way stop at the intersection. January 17, 2006 Carlsbad City Council Meeting Page 5 ACTION: On a motion by Mayor Pro Tern Hall, Council directed staff to prepare the documents granting the appeal. AYES: Lewis, Hall, Kulchin, and Sigafoose NOES: Packard 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. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, January 18, 2006 - 5:00 p.m. Laguna Point Grand Opening Southeast Corner of Laguna Drive and State Street Carlsbad, California Thursday, January 19, 2006 - 5:30 p.m. Carlsbad Chamber of Commerce LEGOLAND and Aviara Four Seasons Event LEGOLAND CALIFORNIA 1 Lego Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of January 17, 2006 was adjourned at 8:34 p.m. LORRAINE MWetfD, CMC City Clerk Sheila R. Cobian Deputy City Clerk