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HomeMy WebLinkAbout2006-02-07; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 7, 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 Stan Gold of Pacific Breeze Baptist Church offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Sigafoose led the Pledge of Allegiance. APPROVAL OF MINUTES; On a motion by Mayor Pro Tern Hall, minutes of the following meetings were approved as presented: Minutes of the Regular Meeting held January 17, 2006 Minutes of the Special Meeting held January 24, 2006 Minutes of the Regular Meeting held January 24, 2006 CONSENT CALENDAR; Item No. 2 was pulled for discussion. ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Items #1, and #3 through #10 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 #18.421-ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2006-018. accepting a donation from Ralph Ziglar in support of the Carlsbad City Library operations, and appropriating the funds to the Library Gifts and Bequests Fund. February 7, 2006 Carlsbad City Council Meeting Page 2 2. AB #18.422 - ACCEPTANCE OF DONATION. This item was pulled for discussion. 3. AB #18.423 - AWARD OF CONTRACT FOR THE CARLSBAD BOULEVARD BRIDGE SEISMIC RETROFIT. PROJECT NO. 3557-1. Council adopted RESOLUTION NO. 2006-020. accepting bids and awarding the contract to KLM Construction for construction of the Carlsbad Boulevard Bridge Seismic Retrofit. 4. AB #18.424 - APPROVAL OF RUBBERIZED ASPHALT CONCRETE GRANT APPLICATION. Council adopted RESOLUTION NO. 2006-021. approving submittal of an application to the California Integrated Waste Management Board (CIWMB) for Rubberized Asphalt Concrete Grant Program funding. 5. AB #18.425 - APPROVAL OF QUITCLAIM OF AN EXISTING DRAINAGE EASEMENT ACROSS A PORTION OF CT 98-16/PR 05-116. Council adopted RESOLUTION NO. 2006-022. approving the quitclaim of a five-foot portion of an existing drainage easement, across a portion of CT 98-16, to Nicholas J. Viney and Mary Anne Viney. 6. AB #18.426 - APPROVAL OF AMENDMENT TO THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT. Council adopted RESOLUTION NO. 2006-023. approving an amendment to the existing Household Hazardous Waste Agreement, with the Regional Solid Waste Association, to offer Carlsbad residents a special household hazardous waste collection event and participation in the door-to-door collection program. 7. AB #18.427 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR ROOFS OF FOUR CITY STRUCTURES. CONTRACT NO. PWGS192. Council adopted RESOLUTION NO. 2006-024. approving specifications and contract provisions, and authorizing the advertisement for bids for the installation of new roofs at the following City structures: Cultural Arts Building; Fire Station No. 3; Heritage Hall; and Swim Complex. 8. AB #18.428 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR 2005-2006 TOT LOT IMPROVEMENTS. CONTRACT NO. PKS 06-01. PROJECT NO. 39441. Council adopted RESOLUTION NO. 2006-025. approving specifications and contract provisions, and authorizing the advertisement for bids for installation of Tot Lot Improvements at various park sites through out the City. 9. AB #18.429 - ACCEPTANCE OF CONSTRUCTION OF THE SEACREST DRIVE STREET IMPROVEMENTS. PROJECT NO. 3679. Council adopted RESOLUTION NO. 2006-026. accepting the construction of the Seacrest Drive street improvements as complete, and directing the City Clerk to record the Notice of Completion. 10. AB #18.430 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on the status of City investments as of December 31, 2005. February 7, 2006 Carlsbad City Council Meeting Page 3 DISCUSSION OF CONSENT CALENDAR ITEM: 2. AB #18.422 - ACCEPTANCE OF DONATION. Communications Manager Denise Vedder gave a brief background on the CityStuff Program and introduced Ken Ryan of Waste Management. Mr. Ryan expressed his Company's delight in supporting the Carlsbad CityStuff Program. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2006-019. accepting a donation from Waste Management in support of the Carlsbad CityStuff Program, and appropriating the funds to the CityStuff Program fund. AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose NOES: None PRESENTATION: Mayor Lewis presented a Proclamation to Carlsbad Wrestling Coach Mark Nelson for his many years of public education service in Carlsbad. ORDINANCES FOR INTRODUCTION: 11. AB #18.431 - AMENDMENT TO THE ORDINANCE APPOINTING THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID) ADVISORY BOARD. Mayor Lewis stated that this agenda item would be pulled and the selection of the seventh member of the CTBID would be put on hold. Bill Canepa, 328 S. Nardo, Solana Beach, came forward to address Council. Mr. Canepa stated that he was pleased to have received an appointment to the CTBID Advisory Board. However, since he felt that Robert Moore, the General Manager of the Hilton Garden Inn, is better qualified for this appointment, he had previously written a letter (on file in the Office of the City Clerk) requesting that Mr. Moore be appointed to replace him. Mr. Canepa further explained that it was never his intention to relinquish his position on the Board and he noted that his letter was meant as a suggestion that Mr. Moore serve in his place. Council Member Kulchin suggested that the Council move forward with an appointment since the CTBID Board's first meeting was scheduled for February 8, 2006. She also referenced a letter dated February 6, 2007 from Mr. Canepa, (on file in the Office of the City Clerk), in which Mr. Canepa expressed his willingness to serve on the Board. In response to a request from Mayor Lewis, City Attorney Ron Ball explained that Mr. Canepa's letter was not a resignation, but was a request for the appointment of another person. Mr. Ball further explained that no vacancy exists on the Board, if Mr. Canepa chooses to serve. February 7, 2006 Carlsbad City Council Meeting Page 4 Council Member Sigafoose suggested that the item be continued to determine if Mr. Canepa is interested in serving on the Board. Council concurred with the City Attorney's determination that the letter submitted by Mr. Canepa was not a letter of recommendation and withdrew the item from the agenda. 12. AB #18.433 - ESTABLISHMENT OF ALL-WAY STOP AT THE HOSP WAY / WINTERGREEN DRIVE / GROVE AVENUE INTERSECTION. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NOS. NS-786 and NS-787. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.830 and Section 10.28.840 to require stops on Hosp Way at its intersection with Wintergreen Drive and Grove Avenue. AYES: Lewis, Hall, Kulchin, and Sigafoose NOES: Packard ORDINANCE FOR ADOPTION: 13. AB #18.432 - ESTABLISHMENT OF SPEED LIMIT ON ALICANTE ROAD. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-784. amending Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.210, to establish a prima facie 40-mile per hour speed limit on Alicante Road from Alga Road to its intersection with Poinsettia Lane. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose NOES: None Council concurred to bring forward Departmental Report items #20 and #19 following Public Comment. PUBLIC COMMENT: Chuck Pateros, 4150 Adams, came forward to address Council. Mr. Pateros expressed his concerns relating to adequate tree trimming in front of his home. Mike White, 4014 Aguila #2, Carlsbad, requested that Council direct staff to pursue establishing a train horn quiet zone at Tamarack Avenue in the City of Carlsbad. Sarah Benson, 3764 Jetty Point, representing the North County Transit District (NCTD), came forward to address Council. Ms. Benson distributed the NCTD Annual Report (on file in the February 7, 2006 Carlsbad City Council Meeting Page 5 Office of the City Clerk), to Council and also stated that the report could be accessed via the internet at www.go.ntcd.com. In response to an inquiry from Council Member Sigafoose, Ms. Benson explained that NCTD has formed a Transit Alliance comprised of community and business members whose purpose is to create awareness of public transit in North County. Tony Lazarus, 1202 Basswood, requested that the permits issued for events in Holiday Park contain sound amplification restrictions. Michael Bovenzi, 343 Oak Avenue, expressed concerns relating to the Lincoln/Oak Condominium project. Mr. Bovenzi stated that the proposed Lincoln/Oak mixed-use condominium project would negatively impact his condominium project. He noted that the project will cause a lack of privacy as a result of the windows of the proposed condominium project facing directly into his project. In response to Mr. White's request for the train horn quiet zone, City Attorney Ron Ball stated that the Attorney for the North County Transit District is working on an Agreement and suggested that Mr. White contact the North County Transit District Board regarding the status of the agreement. DEPARTMENTAL REPORTS: Council concurred that Items #20 and #19 be taken out of order and heard at this time. 20. AB #18.440 - REPORT REGARDING PUBLIC MEETINGS AND ACCESS TO DOCUMENTS. City Attorney Ron Ball presented the staff report. Mr. Ball stated that this report was prepared as a result of Council's request to have a staff report regarding public meetings and document access in relation to the Gateway Project. Mr. Ball stated that the Ralph M. Brown Act does not apply to meetings between employees and third parties and that no violations of State, Federal, or Local laws had occurred. He stated the Public Records Act may apply to documents that have been produced in those meetings, however, those documents are subject to review on a case-by case basis. He noted that City documents had been produced in response to the Public Records Request relating to the Gateway Project. In response to an inquiry by Mayor Pro Tern Hall, Mr. Ball explained that the Gateway Project is a conceptual idea that includes proposals for potential development in the area around Cannon Road and Interstate 5. Mayor Pro Tern Hall confirmed with Mr. Ball that any member of the public can access the documents relating to the Gateway Project via the internet. By consensus, Council received the report. February 7, 2006 Carlsbad City Council Meeting Page 6 19.AB #18.439 - REPORT REGARDING DEVELOPMENT REVIEW PROCESS. Community Development Director Sandra Holder and Planning Director Marcela Escobar-Eck presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Ms. Escobar-Eck reviewed the typical Developmental Review Process for a large to mid-scale project. Ms. Holder gave an overview of the development transition Carlsbad is experiencing and how the transition is beginning to influence the development of remaining properties. Ms. Holder explained that meetings with the owners of the area known as the Centre City Gateway occurred in late 2004 and continued throughout 2005. In response to an inquiry from Mayor Lewis, Ms. Holder stated that Sterling Insights was a consultant hired by the City to facilitate the meetings between the Centre City Gateway property owners and the City. Ms. Holder explained that Mr. Sterling had created a website to chronicle the events and to report out the discussions that took place at the meetings. Ms. Holder further explained that she was not initially aware that the website was password protected and once she became aware that the site was password protected, Mr. Sterling removed the password. Ms. Holder stated that all of the documents are now available on the City's website for access by anyone in the community. Mayor Pro Tern Hall asked if the developers should have been responsible for the consulting fees of Sterling Insights. Ms. Holder stated that the City retained Sterling Insights to provide the facilitation services to ensure that any bias would be in favor of the City rather than the developers. Council Member Kulchin confirmed with staff that the City Manager is authorized to expend up to $100,000 for professional services. In response to an inquiry from Council Member Sigafoose, Ms. Escobar-Eck reviewed the differences between a Negative Declaration, Mitigated Negative Declaration and an Environmental Impact Report (EIR). Council discussion ensued regarding their appreciation for staff's report. By consensus, Council received the report. RECESS: Mayor Lewis called a recess at 8:05 p.m. Council reconvened at 8:14 p.m. with all five Council Members present. February 7, 2006 Carlsbad City Council Meeting Page 7 PUBLIC HEARINGS: 14. AB #18.418 - HABITAT MANAGEMENT PLAN IMPLEMENTATION ZCA 05-01/LCPA 05-09. Council concurred to continue this item to the Council Meeting of March 7, 2006. 15. AB #18.434 - HABITAT MANAGEMENT PLAN HARDLINE GPA 05-12/LCPA 05-08/ZC 05-11. Senior Planner Mike Grim presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Lewis opened the duly noticed Public Hearing at 8:18 p.m. Seeing no one wishing to speak Mayor Lewis closed the duly noticed Public Hearing at 8:18 p.m. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-788, amending the City's Zoning Map pursuant to Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change to Open Space for 22 parcels within the HMP Hardline Preserve Area; and, Council adopted RESOLUTION NO. 2006-029. approving a General Plan Amendment and Local Coastal Program Amendment for the HMP Hardline GPA. AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose. NOES: None. 16. AB #18.435 - VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.1 AND 2.2 PUD 04-01 (A). Associate Planner Jason Goff presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Goff gave an overview of the proposed project. Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, came forward to address Council on behalf of the applicant, Pulte Homes. Mr. Henthorn gave a brief PowerPoint presentation depicting the three proposed elevations and the four proposed architectural styles for this project. In response to an inquiry from Council Member Packard, Mr. Henthorn explained that private landscaping would be used as shielding around the reservoir. February 7, 2006 Carlsbad City Council Meeting Page 8 Mayor Lewis confirmed with staff that there are three ways in and out of the proposed development. Mayor Lewis opened the duly noticed Public Hearing at 8:32 p.m. Michael Sedlmayer, 6822 Xana Way, Carlsbad, came forward to address Council. Mr. Sedlmayer expressed concerns relating to the impacts the new neighborhood would have on traffic patterns on Xana Way and Corintia Street. Mr. Henthorn stated that the traffic circulation had been reviewed extensively throughout the process and that what is being proposed is a safe and reliable circulation pattern. Mayor Pro Tem hall asked how long it would take to build the homes. Fred Arbuckle, President of Morrow Development, answered that it would take the better part of four years for the homes to be built. In response to an inquiry from Council Member Kulchin, Bob Wojcik, Deputy City Engineer, explained that the intersection of Corintia Street and Melrose would eventually have a median prohibiting a left-turn in or out of Corintia Street. He stated that this pattern would reduce the amount of traffic currently going through the area. City Manager Ray Patchett suggested that Mr. Sedlmayer contact staff to discuss his concerns. Seeing no one else wishing to speak Mayor Lewis closed the duly noticed Public Hearing at 8:43 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2006-030. approving an Amendment to Planned Development Permit PUD 04-01 (A) to approve building floor plans, elevations and plotting of 90 single-family detached homes on property generally located south of Alga Road, east of El Fuerte Street, North of the HCP Open Space in neighborhood 2.A, and within Local Facilities Management Zone 11. AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose. NOES: None. 17. AB #18.436 - VILLAGES OF LA COSTA RIDGE NEIGHBORHOODS 2.3 AND 2.4 - NORTH PUD 04-02(6). Associate Planner Jason Goff presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, came forward to address Council on behalf of the applicant, Shea Homes. Mr. Henthorn gave a brief PowerPoint presentation illustrating the three proposed plan types. Mayor Lewis opened the duly noticed Public Hearing at 8:50 p.m. Seeing no one wishing to speak Mayor Lewis closed the duly noticed Public Hearing at 8:50 p.m. February 7, 2006 Carlsbad City Council Meeting Page 9 ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-031. approving an Amendment to Planned Development Permit PUD 04-02(6) to approve building floor plans, elevations and plotting of 55 single-family detached homes on property generally located north and northeast of future Corintia Street, east of El Fuerte Street and north of the HCP Open Space in neighborhood 2.A in the Ridge Village of the Villages of La Costa Master Plan, and within Local Facilities Management Zone 11. AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose. NOES: None. ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Special Meeting of the Housing and Redevelopment Commission at 8:51 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 9:09 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Public Financing Authority at 9:59 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 18.AB #18.437 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF THE LIBRARY LEARNING CENTER. PROJECT NQS. 3771 AND 4001. Library Director Heather Pizzuto and Deputy City Engineer Bill Plummer presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Ms. Pizzuto gave a brief overview of the project and the three project options for Council consideration. The options were as follows: • Option 1 - Construct full second story addition = $4.5 million estimated project costs • Option 2 - Phase construction of second story addition = $3.6 million estimated project costs • Option 3 - Remodel existing one story main building = $2.8 million estimated project costs Gina McBride, 7530 Jerez Court, Carlsbad, stated that the Carlsbad Library and Arts Foundation is committed to a capital campaign of $1.5 million to assist in funding the Library Learning Center Construction Option No. 1. Jim Comstock, President of the Carlsbad Library and Arts Foundation, 3327 Adams Street, Carlsbad, came forward to reaffirm the foundation's commitment to the capital campaign to raise $1.5 million for the Library Learning Center Construction Option No. 1. February 7, 2006 Carlsbad City Council Meeting Page 10 Council discussion ensued regarding their support for construction Option No. 1 . ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-032. approving Plans and Specifications and appropriating additional funds and authorizing the City Clerk to advertise for bids for the construction of the Library Learning Center, Project Nos. 3771 and 4001 . AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose. NOES: None. 19.AB #18.439- REPORT REGARDING DEVELOPMENT REVIEW PROCESS. This item was brought forward and heard following Public Comment. 20. AB #18.440 - REPORT REGARDING PUBLIC MEETINGS AND ACCESS TO DOCUMENTS. This item was brought forward and heard following Public Comment. 21 .AB #18.438 - SENIOR COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2006-033. appointing Anna Hopkins to the Senior Commission. AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose. NOES: None. 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 February 7, 2006 was adjourned at 10:26 p.m. LOflRAIN City Clerk Sheila R. Cobian Deputy City Clerk