HomeMy WebLinkAbout2006-03-28; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: March 28, 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, Kulchin, Packard and Sigafoose.
Absent: Hall
Council concurred to hear item #1 of the Housing and Redevelopment Commission
Meeting Agenda following Public Comment.
APPROVAL OF MINUTES:
On a motion by Council Member Kulchin, minutes of the following meetings were
approved as presented:
Minutes of the Special Meetings held March 7, 2006
Minutes of the Regular Meeting held March 7, 2006
CONSENT CALENDAR:
Item No. 1 was pulled for discussion.
ACTION: On a motion by Council Member Kulchin, Council affirmed the
action of the Consent Calendar, Items #2 through #7 as follows:
Lewis, Kulchin, Packard and Sigafoose
NOES: None.
ABSENT: Hall
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #18.491 - FUNDING ALLOCATIONS FOR CDBG/HOME PROGRAMS.
This item was pulled for discussion.
2- AB #18.492 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2006-069. declaring a continued state of
local emergency due to potential flooding conditions proclaimed March 2, 2006,
and requesting assistance and concurrence from the Office of Emergency
Services.
March 28, 2006 Carlsbad City Council Meeting Page 2
3. AB #18.494 - NOTICE OF COMPLETION. PHASE 1. CARLSBAD CITY GOLF
COURSE.
Council adopted RESOLUTION NO. 2006-071. accepting the construction of
Phase 1 (clearing & grubbing) of the Carlsbad City Golf Course as complete,
Contract No. 30721, Project No. 3972, and directing the City Clerk to record the
Notice of Completion.
4. AB #18.495 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on City investments as of February
28, 2006.
5. AB #18.496 - SETTLEMENT OF WORKERS' COMPENSATION CLAIM.
Council adopted RESOLUTION NO. 2006-072. approving the Compromise and
Release authorizing the expenditure of funds for settlement of the Workers'
Compensation claims of Sheldon Lewis.
6. AB #18.497 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2006-073. declaring a continued state of
local emergency due to torrential rain and earth movement beginning January 7,
2005, and requesting assistance and concurrence from the Office of Emergency
Services.
7. AB #18.503 - APPROPRIATION OF FUNDS FOR EMERGENCY DREDGE.
Council adopted RESOLUTION NO. 2006-076. approving an appropriation of
funds for the Emergency Agua Hedionda and Calavera Creek Channel Dredge,
Project No. 3338.
DISCUSSION OF CONSENT CALENDAR ITEM:
1- AB #18.491 - FUNDING ALLOCATIONS FOR CDBG/HOME PROGRAMS.
Mayor Lewis requested that Council approve a $6,000 donation to Fraternity House
from the Council Contingency Fund.
Council Member Packard requested two separate motions; one motion for adopting the
Resolution as recommended by the Committee and one motion addressing the
donation to Fraternity House.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2006-068. approving the funding program
recommendations for the City's 2006-2007 Community
Development Block Grant (CDBG) and HOME Investment
Partnership Programs.
AYES: Lewis, Kulchin, Packard and Sigafoose
NOES: None
ABSENT: Hall
March 28,2006 Carlsbad City Council Meeting Page 3
Council Member Packard commented that he would only support the Committee's
recommendations.
ACTION: On a minute motion by Council Member Kulchin, Council approved
a donation of $6,000 to Fraternity House from the Council
Contingency Fund.
AYES: Lewis, Kulchin and Sigafoose
NOES: Packard
ABSENT: Hall
ORDINANCE FOR INTRODUCTION:
8. AB #18.498 - ESTABLISH SPEED LIMIT ON GLASGOW DRIVE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Kulchin, Council introduced
ORDINANCE NO. NS-795. amending Title 10, Chapter 10.44, of
the Carlsbad Municipal Code by the addition of Section 10.44.750
to establish a Prima Facie 30 mile per hour speed limit upon
Glasgow Drive from Edinburgh Drive to its intersection with
Carlsbad Village Drive.
Lewis, Kulchin, Packard and Sigafoose
NOES: None
ABSENT: Hall
ORDINANCE FOR ADOPTION:
9. AB #18.499 - DENSITY BONUS AMENDMENT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Kulchin, Council adopted
ORDINANCE NO. NS-794. amending Title 21 of the Carlsbad
Municipal Code by amending the Density Bonus and Inclusionary
Housing Regulations in the Zoning Ordinance to ensure the
Density Bonus Regulations are consistent with California
Government Code Sections 65915 through 65917, and that the
Density Bonus and Inclusionary Housing Regulations do not
conflict, ZCA 04-10.
AYES: Lewis, Kulchin, Packard and Sigafoose
NOES: None
ABSENT: Hall
March 28, 2006 Carlsbad City Council Meeting Page 4
PUBLIC COMMENT:
John B. Strayer, 2001 Cima Ct., representing La Costa 35 Athletic Club, expressed his
appreciation for the synthetic turf recently installed at Stagecoach Park and commented
that the synthetic turf is much safer for individuals participating in sports at the park.
Mr. Strayer distributed information packets to Council (on file in the Office of the City
Clerk) regarding the La Costa 35 Athletic Club.
Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council on behalf of
the Concerned Citizens of Carlsbad. Mr. Alvarez requested that the Council Members
open the former Farmers Insurance Building for public use or sell the building and
deposit the proceeds into the City's General Fund.
Paul Stevens, 6887 Carnation Drive, Carlsbad, thanked Council for their continued
support of Fraternity House and Michaelle House.
Council concurred to hear Item #1 of the Housing and Redevelopment Commission
Meeting Agenda following Public Comment
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 6:17 p.m. with four Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Housing and Redevelopment Commission
at 7:54 p.m. with four Council Members present.
RECESS:
Mayor Lewis called a recess at 7:54 p.m. Council reconvened at 8:02 p.m. with four
Council Members present.
PUBLIC HEARING:
10. AB #18.500 - INTENTION TO VACATE LOCUST STREET.
Deputy City Engineer Bob Wojcik presented the staff report.
Mayor Lewis opened the duly noticed Public Hearing at 8:03 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 8:03 p.m.
March 28,2006 Carlsbad City Council Meeting Page 5
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-074. vacating Locust Street, thereby
returning 0.45 acres of land to the tax rolls, STV 04-06, CT 02-18.
Lewis, Kulchin, Packard and Sigafoose
None
Hall
DEPARTMENTAL AND CITY MANAGER REPORT:
12. AB #18.502 - DISCUSSION OF PROPOSED INITIATIVES.
Mayor Lewis explained that the purpose of this Agenda Bill was to discuss the Save the
Strawberry and Flower Growing Fields Act of 2006 proposed by the Concerned
Citizens of Carlsbad and the Carlsbad Gateway Parkland and Open Space Initiative of
2006 proposed by the Carlsbad Citizens for Useable Public Places.
In response to an inquiry from Council Member Sigafoose, City Attorney Ron Ball
stated that for either of the proposed initiatives to pass, it must obtain 50% of the vote
plus 1. Mr. Ball further explained that if the initiatives are in direct conflict, the one with
the most votes would prevail.
Mayor Lewis commented that he would like to hold a Council Workshop to discuss
placing a Council sponsored initiative on the ballot. He also stated that he would like
an independent financial review of the impacts the initiatives may have on the citizens
of Carlsbad.
Council Member Packard requested that staff be directed to prepare a Fiscal Impact
Report on each initiative.
City Attorney Ron Ball explained that the City cannot expend City funds to advocate
either initiative; however, City funds could be used to educate the citizens of Carlsbad
regarding the proposed initiatives.
Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council on behalf of
the Concerned Citizens of Carlsbad. Mr. Alvarez gave a brief overview of the initiative
known as the Save the Strawberry and Flower Growing Fields Act of 2006. Mr. Alvarez
also stated that he feels Council should not become involved in creating another
initiative.
Dee Ann Gee, 2727 Spokane Way, Carlsbad, expressed concerns relating to potential
development of the strawberry and flower growing fields. Ms. Gee also spoke in
opposition of a Council sponsored initiative.
Penny Johnson, 1360 Hillview Court, Carlsbad, voiced her support for the Save the
Strawberry and Flower Growing Fields Act of 2006.
March 28, 2006 Carlsbad City Council Meeting Page 6
Michael Solomon, 3160 Lincoln Street #17, Carlsbad, came forward to address
Council. Mr. Solomon suggested that the strawberry and flower growing fields remain
agricultural. Mr. Solomon also spoke against a Council sponsored initiative.
Robert Rickert, 225 Ridge Terrace, Encinitas, came forward to address Council on
behalf of Sierra Club. Mr. Rickert spoke in support of preserving the strawberry and
flower growing fields.
Ramona Finnila, 4669 Coralwood Circle, Carlsbad, voiced concerns relating to the
economic impacts of the Save the Strawberry and Flower Grown Fields Act of 2006.
Ms. Finnila further explained that the initiative titled the Carlsbad Gateway Parkland
and Open Space Initiative of 2006 utilizes the Connecting Community, Place and Spirit
Principles to establish open space in public places.
In response to an inquiry from Council Member Sigafoose, Ms. Finnila confirmed that, if
passed, the "Carlsbad Gateway Parkland and Open Space Initiative of 2006", would
not require the Agriculture Mitigation Fee to be collected, providing that 140 acres of
the land is deemed biologically sensitive.
Dustin Johnston, 3981 Garfield Street #B, Carlsbad, voiced his support for the "Save
the Strawberry and Flower Growing Fields Act of 2006".
Mark Mejinodo, P.O. Box I, Pala, came forward to address Council on behalf of the San
Luis Rey Band of Mission Indians. Mr. Mejinodo commented that the strawberry and
flower growing fields land may contain Native American artifacts and requested that the
area be preserved.
Marvin Sippel, 5200 Hemingway Drive, Carlsbad, suggested that the City Council
conduct a cost analysis of how much it would cost the citizens of Carlsbad to purchase
the strawberry fields.
John Strayer, 2001 Cima Ct., Carlsbad, spoke in support of the Carlsbad Gateway
Parkland and Open Space Initiative of 2006.
Council discussion ensued regarding their desire to hold a Council Workshop on
Wednesday, April 5, 2006, to further discuss the initiatives and the possibility of placing
their own measure on the ballot.
Council accepted the report.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL
AND HOUSING AND REDEVELOPMENT COMMISSION
Mayor Lewis adjourned to the Joint Special Meeting of the Carlsbad City Council and
Housing and Redevelopment Commission at 9:02 p.m. with four Council Members present.
March 28,2006 Carlsbad City Council Meeting Page 7
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 9:04 p.m. with four Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Housing and Redevelopment Commission
at 9:27 p.m. with four Council Members present.
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 March 28, 2006 was adjourned at 9:29 p.m.
City Clerk
Sheila R. Cobian
Deputy City Clerk