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HomeMy WebLinkAbout2006-04-18; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 18, 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: Father William Rowland of St. Patrick's Catholic Church offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Packard 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: Mayor Pro Tern Hall abstained from the approval of the meeting Minutes of March 28, 2006. Minutes of the Special Meeting held March 28,2006. (Hall - Abstain) Minutes of the Regular Meeting held March 28, 2006. (Hall - Abstain) Minutes of the Joint Special Meeting held March 28, 2006. (Hall - Abstain) Minutes of the Special Meeting held April 4, 2006. Minutes of the Regular Meeting held April 4, 2006. Minutes of the Special Meeting held April 5, 2006. PRESENTATIONS: Mayor Lewis introduced Miss Carlsbad 2006 April Ducommun. Miss Ducommun introduced her Court of Princesses. Mayor Lewis introduced Miss Teen Carlsbad 2006 Rachel Lydon. Miss Lydon introduced her Court of Princesses. April 18,2006 Carlsbad City Council Meeting Page 2 Miss Ducommun presented Mayor Lewis with a check for $1,000 on behalf of the Carlsbad Lions Club to assist the visually impaired at the Carlsbad City Libraries. Public Works Associate Analyst Dan Weinheimer gave a brief presentation regarding Earth Day and the Household Hazardous Waste Collection Event scheduled for Saturday, April 22,2006. Mayor Lewis presented a Proclamation to Man/a Bledsoe, Executive Director of the Women's Resource Center, in recognition of Sexual Assault Awareness Month. Ms. Bledsoe thanked Council for their continued support of the Women's Resource Center. CONSENT CALENDAR: Item #1 was pulled for discussion. ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Items #2 through #8 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 #18.521 -AWARD OF CONTRACT. This item was pulled for discussion. 2. AB #18.493 - REIMBURSEMENT AGREEMENT. Council adopted RESOLUTION NO. 2006-070. approving the ratification of the reimbursement agreement for the portion of Planned Local Drainage Area (PLDA) Facilities C and CF with Greystone Homes, Inc., and, appropriating funds for reimbursement of construction costs for PLDA Facilities C and CF, Project No. 3804. 3- AB #18.523 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2006-094. approving plans and specifications, and authorizing the advertisement for bids for the installation of 15 traffic signal backup systems. 4. AB #18.524 - REQUEST FOR OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 2006-095. approving out-of-state travel for the Community Volunteer Coordinator to attend the 2006 Points of Light National Conference on Volunteering and Service in Seattle, Washington. April 18,2006 Carlsbad City Council Meeting Page 3 5. AB #18.525 - ANNUAL HOUSING REPORT. Council adopted RESOLUTION NO. 2006-096. accepting the Annual Housing Production Report for fiscal year 2004-2005. 6. AB #18.526 - ANNUAL GENERAL PLAN REPORT. Council adopted RESOLUTION NO. 2006-097. accepting the Annual General Plan Implementation Status Report for Fiscal year 2004-2005. 7. AB #18.527 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2006-098. 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. 8. AB #18.528 - SETTLEMENT OF CLAIM. Council received the report on the terms and conditions of the settlement, as required by the Brown Act, of the claims by the Majeska Family and the Estate of Alex Royal Majeska. DISCUSSION OF CONSENT CALENDAR ITEM: 1 AB #18.521 - AWARD OF CONTRACT. Council Member Kulchin commented that the tot lot improvements will ensure that City parks are ADA compliant. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2006-092. accepting bids and awarding the contract to Court Concepts, Inc., for tot lot improvements 2005- 2006, at various park sites throughout the City, Contract No. 39441, Project No. PKS 06-01, and appropriating funds. Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. ORDINANCES FOR INTRODUCTION: 9. AB #18.529 - COMPENSATION OF THE CITY TREASURER. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-797 amending Section 2.08.020 of the Carlsbad Municipal Code to adjust the compensation of the City Treasurer effective January 1, 2007. Lewis, Hall, Kulchin, Packard and Sigafoose. None. April 18,2006 Carlsbad City Council Meeting Page 4 10. AB #18.530 - COMPENSATION OF THE CITY CLERK. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-798 amending Section 2.08.030 of the Carlsbad Municipal Code to adjust the compensation of the City Clerk effective January 1, 2007. Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. ORDINANCE FOR ADOPTION: 11. AB #18.531 - INTERIM PLAN FOR AGUA HEDIONDA LAGOON. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-796 amending Chapter 11.24 of the Carlsbad Municipal Code to extend the Interim Plan for Agua Hedionda Lagoon. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. Council concurred to take item No. 14 out of order after the conclusion of Public Comment. PUBLIC COMMENT: Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council on behalf of the Concerned Citizens of Carlsbad. Mr. Alvarez requested that Council respond in writing to the Concerned Citizen's of Carlsbad regarding any concerns relating to the initiative titled Save the Strawberry and Flower Growing Fields Act of 2006. John B. Strayer, 2001 Cima Court, Carlsbad, invited the citizens of Carlsbad to attend a workshop at 7:00 p.m. on Wednesday, April 26, 2006 at the Georgina Cole Library regarding the Carlsbad Gateway Parkland and Open Space Initiative of 2006. PUBLIC HEARINGS: Council concurred to hear Public Hearing item No. 14 at this time. April 18,2006 Carlsbad City Council Meeting Page 5 14. AB #18.534 - LAKE CALAVERA APPEAL. Senior Planner Mike Grim presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Grim gave details regarding the proposed improvements for Lake Caiavera Reservoir. Diane Nygaard, on behalf of Preserve Caiavera, reviewed a PowerPoint presentation (on file in the Office of the City Clerk) expressing concerns relating to the proposed reservoir improvements. Ms. Nygaard questioned the proposed improvements to the reservoir and asked if they are in compliance with the City's Habitat Management Plan (HMP). She also questioned whether the impacts to the environment had been thoroughly evaluated. Ms. Nygaard also commented that a Preserve Manager had not yet been contracted as required by the City's Open Space Management Plan and that the Annual Report due to Council in December 2005 had not yet been issued. Ms. Nygaard requested that Council direct staff to report back at the next Council Meeting with a schedule for HMP compliance. Mayor Lewis opened the duly noticed Public Hearing at 6:49 p.m. Bill Arnold, 3432 Don Ortega Drive, Carlsbad, stated that delaying the repairs to the reservoir would result in additional expense to the City. Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 6:50 p.m. In response to Ms. Nygaard's concerns, Mr. Grim stated that the habitat impacts had been minimized. Planning Director Marcela Escobar-Eck commented that the Annual Report referenced by Ms. Nygaard had not been presented to Council due to the delay of Ordinance adoption both by the City and the Coastal Commission. In response to an inquiry from Mayor Pro Tern Hall, Mr. Grim explained that the individual preserve area reports would be analyzed by the contracted Preserve Steward and would be compiled into the Annual Report to Council. In response to an inquiry from Mayor Pro Tern Hall, Ms. Escobar-Eck stated that staff anticipates bringing the Annual Report forward in approximately 90 days. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-101. denying an appeal and upholding the Planning Commission's decision to approve the Habitat Management Plan Permit HMPP 05-03, for the Lake Caiavera Reservoir Remedial Improvements Project. Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. April 18,2006 Carlsbad City Council Meeting Page 6 12. AB #18.532 ~ WEED ABATEMENT. Fire Marshal Karyn Vaudreuil presented the staff report. Mayor Lewis opened the duly noticed Public Hearing at 7:13 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:13 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2006-099. ordering the Fire Chief to abate nuisances by having weeds and rubbish and refuse removed from identified parcels. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 13. AB #18.533 - CAR COUNTRY SPECIFIC PLAN AMENDMENT. Associate Planner Barbara Kennedy 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 7:23 p.m. Jack Henthom, 5365 Avenida Encinas, Suite A, Carlsbad, came forward to address Council on behalf of Toyota and Lexus of Carlsbad. Mr. Henthorn reviewed a ~ PowerPoint presentation (not on file in the Office of the City Clerk), detailing the need for the recommended amendment. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:29 p.m. Council discussion ensued regarding their support for the amendment. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-799 approving an Amendment to the Car Country Specific Plan, SP 19(1) to allow modifications to the Car Country Specific Plan and to consolidate SP 19 and SP 19(C) into one document; and, Council adopted RESOLUTION NO. 2006-100. adopting a Negative Declaration and approving a Local Coastal Program Amendment for an 85-acre site generally located east of Interstate 5, south of Cannon Road, and east of Car Country Drive within the Mello II segment of Local Coastal Program and Local Facilities Management Zone 3. RECESS: Mayor Lewis called a recess at 7:31 p.m. Council reconvened at 7:36 p.m. with five Council Members present. April 18,2006 Carlsbad City Council Meeting Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 15.AB #18.535-APPOINTMENT OF CITIZENS' COMMITTEE. Mayor Lewis stated that the purpose of the formation of a 25 person Citizens' Committee is to have unbiased citizens review the two proposed initiatives (Save the Strawberry and Flower Growing Fields Act of 2006 and the Carlsbad Gateway Parkland and Open Space Initiative of 2006) and the proposed Council ballot measure. He further explained that after reviewing all three items, the Committee would be responsible for reporting back to Council with a recommendation that would be in the best interest of the City of Carlsbad. Council discussion ensued regarding the criteria for selecting the citizen's at large for the Committee. Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council on behalf of the Concerned Citizens of Carlsbad. Mr. Alvarez asked that the Council address the following questions: Would this study begin after completion of the Mayor's initiative? What will the committee specifically study? Who are the members of the committee? What are the objectives and goals of the committee? Will the information be presented to Council? What will the information gathered by the committee be used for? Caludia Canrillo, Public Affairs Manager with San Diego Gas and Electric, 8330 Century Park Ct., San Diego, expressed support for the formation of the Citizens' Committee. Joni Miringoff, 7551 Esfera Street, Carlsbad, came forward to address Council on behalf of the Carlsbad Ranch Company and the Carltas Company. Ms. Miringoff suggested that landowners be represented on the committee because of potential effects of the initiatives on their property. Council Member Packard requested that the Resolution be amended to allow the Committee flexibility in determining the meeting times. Community Development Director Sandra Holder reviewed a short PowerPoint Presentation (on file in the Office of the City Clerk) describing the Committee tasks as follows: Review background of the properties Review proposed ballot measures Receive public input Prepare an independent and objective comparison Prepare recommendation Mayor Lewis stated that individuals wishing to be part of the Committee should contact the Council Secretary to schedule an interview. City Attorney Ron Ball confirmed that the resolution would be amended as recommended by Council Member Packard. April 18,2006 Carlsbad City Council Meeting Page 8 ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-099. as amended, creating a 25 member Committee made up of a combination of citizen's-at-large and representatives of various City Boards and Commissions to study the Flower Fields and Strawberry Fields area between Cannon Road and Palomar Airport Road and that the Committee shall meet approximately once a week for six weeks on either Tuesday or Thursday mornings from 9:00 to 12:00 a.m., or at such other times as determined by the Committee. Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 16. AB #18.536 - BEACH PRESERVATION COMMITTEE APPOINTMENT. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2006-102. appointing Mat Huff to the Beach Preservation Committee. 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. In response to a request from Mayor Lewis, Public Works Director Glenn Pruim stated that according to traffic studies the opening of Melrose Drive will not negatively affect the City's Growth Management Plan. Mayor Lewis requested and Council concurred to have the item placed on a future agenda for discussion. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of April 18, 2006 was adjourned at 8:14 p.m. LOR City Clerk Sheila Cobian Deputy City Clerk