HomeMy WebLinkAbout2006-05-16; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 16, 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
Mayor Lewis offered the Invocation.
PLEDGE OF ALLEGIANCE
Council Member Kulchin 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 Special Meeting held April 18, 2006.
Minutes of the Regular Meeting held April 18, 2006.
Minutes of the Special Meeting held April 19, 2006.
Minutes of the Special Meeting held April 25, 2006.
Minutes of the Regular Meeting held April 25, 2006.
PRESENTATIONS
Mayor Lewis presented a Proclamation to Public Works Director Glenn Pruim in
recognition of Public Works Week, May 21-27, 2006.
Mr. Pruim invited the public to the sixth annual Public Works Fair on Wednesday, May
24, 2006, from 9 a.m. to 2 p.m. at the Dove Library, 1775 Dove Lane, Carlsbad.
Mayor Lewis presented a Proclamation to Police Chief Tom Zoll in recognition of
National Police Week, May 15-19, 2006.
May 16, 2006 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR
Item #7 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of
the Consent Calendar, Items #1 through #6 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 #18.560 - NOTICE OF COMPLETION
Council adopted RESOLUTION NO. 2006-123. accepting the construction of the
2006 Curb, Gutter, and Sidewalk Replacement Program, Contract No. PWS06-
02STS, Project No. PWGS198, as complete, and directing the City Clerk to
record the Notice of Completion.
2. AB #18.561 - LAND USE. OPEN SPACE AND CONSERVATION ELEMENT
AMENDMENTS.
Council adopted RESOLUTION NO. 2006-124. approving the first amendments
of 2006 to the Land Use Element and Open Space and Conservation Element of
the General Plan consisting of two projects, HMP Hardline GPA, GPA 05-12, and
Density Bonus Amendment, GPA 05-14.
3. AB #18.562 - QUITCLAIM DEED.
Council adopted RESOLUTION NO. 2006-125. accepting the Quitclaim Deed
from Barbara F. Hallman, and directing the City Clerk to record the Quitclaim
Deed.
4. AB #18.563 - REQUESTS TO PURCHASE AFFORDABLE HOUSING CREDITS.
Council adopted RESOLUTION NO. 2006-126. approving the requests from two
developers/property owners to purchase a total of four Affordable Housing
Credits in the Roosevelt Gardens Condominium Affordable Housing Project, and
approving affordable housing agreements with Ville di Paradiso (CT 02-11) and
Robert Enright (CT 04-21).
5. AB #18.564 - NEW CLASSIFICATIONS IN FIRE PREVENTION.
Council adopted RESOLUTION NO. 2006-127. approving the classification and
salary for Fire Prevention Specialist I and II, and amending the Fire Salary
Schedule and Conflict of Interest Code to reflect the changes.
May 16, 2006 Carlsbad City Council Meeting Page 3
6. AB #18.565 - UNDERGROUNDING OF OVERHEAD UTILITY LINES.
Council adopted RESOLUTION NO. 2006-128. appropriating additional funds;
approving plans, specifications, and agreements with SDG&E and AT&T; and
approving a contract amendment with Edge Development, Inc., for the
undergrounding of existing overhead utility lines for Pine Avenue Park, Project
No. 38022.
7. AB #18.566 - APPOINT ONE MEMBER TO THE CITIZENS' COMMITTEE.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEM
7. AB #18.566 - APPOINT ONE MEMBER TO THE CITIZENS' COMMITTEE.
Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council on behalf of
the Concerned Citizens of Carlsbad. Reading from a letter (on file in the Office of the City
Clerk), Mr. Alvarez stated that some members that have been selected to participate on
the Citizens' Committee do not meet the requirements for appointment. He further
suggested that a lottery type format be used to select members for the Committee.
Michael Bovenzi, 343 Oak Avenue, Carlsbad, expressed his concerns regarding the
selection process for the Citizens' Committee, and reviewed several documents
pertaining to the existing Committee members (on file in the Office of the City Clerk).
Mr. Bovenzi further stated he does not believe the members selected for the Committee
provide a representation of the general public.
In response to an inquiry by Council, City Attorney Ron Ball stated that the Committee
was legally formed by being duly noticed and properly adopted by Resolution. He
further stated the Resolution specifies the duties and reporting requirements, and if
there is a conflict, the member may be disqualified from membership.
Michele Levy, 3021 Highland Drive, Carlsbad, addressed Council to express her
concerns regarding the money being spent by the City in support of the Citizens'
Committee.
Mayor Lewis informed Ms. Levy that she can attend the workshops to see how the
money is being spent.
Mayor Lewis stated two members requested to be withdrawn from the Citizens'
Committee, therefore two new members will be appointed. He further commented that
many members of the public qualified to participate on the Committee, and the
members chosen represent all four quadrants of the City.
May 16, 2006 Carlsbad City Council Meeting Page 4
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-129. as amended, and appointed two
replacement Citizens' Committee members, Leslea Meyerhoff
and Laura Means Pope, to study the flower and strawberry field
area between Cannon Road and Palomar Airport Road.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose.
NOES: None
ORDINANCE FOR ADOPTION
8. AB #18.567 - AMENDMENT REGARDING CASH CAMPAIGN CONTRIBUTIONS.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
ORDINANCE NO. NS-800. amending Section 1.13.030 of the
Carlsbad Municipal Code regarding receipt of cash contributions to
bring it into compliance with Government Code Section 84300(a).
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose
NOES: None
PUBLIC COMMENT
Michele Levy, 3021 Highland Drive, Carlsbad, voiced her concerns regarding the
removal of the Police Department firing range to construct the golf course project.
John B. Strayer, 2001 Cima Ct, Carlsbad, came forward to address Council. Mr. Strayer
commended Council for putting the Citizens' Committee together and getting people
involved in government. He further commented that getting citizens involved is
important for the future of Carlsbad. Mr. Strayer suggested citizens organize events
such as parades and fireworks.
Kari Atherton, 4781 Brookwood Court, Carlsbad, voiced her concerns regarding the
density, traffic and safety issues in the Robertson Ranch project.
In response to an inquiry by Council Member Hall, Ms. Atherton indicated she is
obtaining sufficient information from the Planning Department and is aware of the
Planning Commission Public Hearing set for May 31, 2006.
PUBLIC HEARING
9. AB #18.568 - NPDES STORM WATER MODIFICATIONS.
Planning Director Marcela Escobar-Eck presented the staff report and reviewed a
Power Point Presentation (on file in the Office of the City Clerk).
May 16, 2006 Carlsbad City Council Meeting Page 5
In response to an inquiry from Council Member Hall, Deputy City Engineer Bob Wojcik
explained the Storm Sewer System would not go through the Encina Wastewater
Treatment Plant.
Mayor Lewis opened the duly noticed public hearing at 6:43 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:44 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-801 approving a Zone Code Amendment,
ZCA01-08(A), and,
Adopted RESOLUTION NO. 2006-130. approving a Local Coastal
Program Amendment, LCPA 01-15(A), to incorporate the Coastal
Commission suggested modifications to various sections of
Chapters 21.203 and 21.205 of the Carlsbad Municipal Code and
to the City's Local Coastal Program, to implement citywide, the new
stormwater protection requirements of the San Diego Municipal
Stormwater Quality Control Board, San Diego Municipal
Stormwater Order No. 2001-01.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY
COUNCIL AND THE HOUSING AND REDEVELOPMENT COMMISSION
Mayor Lewis adjourned to the Joint Special Meeting of the City Council and the Housing
and Redevelopment Commission at 6:47 p.m. with five Council Members present.
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 6:48 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Regular Meeting of the Housing and Redevelopment Commission
at 7:09 p.m. with five Council Members present.
May 16, 2006 Carlsbad City Council Meeting Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS
11.AB #18.570-PRESENTATION.
Ginna Reyes and Chuck Collines, Airport Advisory Committee Members, presented the
report and reviewed a PowerPoint presentation (not on file in the Office of the City
Clerk).
Ms. Reyes thanked the City of Carlsbad for its contribution in the establishment of the
Fly Friendly Program. She further stated that the public can contact the McClellan-
Palomar Airport Noise Environmental Officer at (760) 431-4646 for additional
information on this program, or to voice their concerns. In addition, the Committee
offered to present this program to interested groups throughout the city.
RECESS
Mayor Lewis called a recess at 7:32 p.m. Council reconvened at 7:39 p.m. with five
Council Members present.
12.AB #18.571 -AGRICULTURAL COMMITTEE REPORT.
Agricultural Mitigation Committee Member Eric Larson and Senior Planner Elaine
Blackburn presented the committee report and reviewed a PowerPoint Presentation (on
file in the Office of the City Clerk).
Mr. Larson explained the development of the application process. He encouraged the
public to attend a workshop prior to submitting an application in order to obtain further
information on the application process.
Ms. Blackburn commented that letters of concern were received from Diane Nygaard,
Preserve Calavera, and Casey Cincerelli (on file in the office of the City Clerk).
In response to Council, Ms. Blackburn stated that staff will be sensitive to the permit
timeline when working with applicants.
Council thanked the Committee and staff for doing an excellent job preparing the report.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-132 approving the Committee's proposed
method of carrying out its mandate, authorizing the Committee to
proceed with the solicitation of project proposals for funding, and
authorizing a budget for project proposal solicitation activities.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
May 16, 2006 Carlsbad City Council Meeting Page 7
13.AB #18.572 - CAPITAL IMPROVEMENT PROGRAM (CIP) REPORT.
Finance Director Lisa Irvine, Budget Manager David Barnum, and Associate Engineer
Steve Jantz presented the staff report and reviewed a PowerPoint Presentation (on file
in the Office of the City Clerk).
Mr. Barnum and Mr. Jantz reviewed the budget calendar, the CIP process, the
development projections, revenue forecast, and the new appropriations for the next
fiscal year.
Mr. Barnum gave the dates of the upcoming meetings as they relate to the adoption of
the CIP and Operating Budget:
June 6, 2006: Staff will present the proposed Operating Budget
June 14, 2006: Informal Public Workshop held at 1635 Faraday Avenue at 5:00
p.m. - this will be an opportunity for Citizen's to discuss any
portion of the proposed CIP or Operating Budget
June 20, 2006: Public Hearing and Council action of the Capital Improvement
Program and Operating Budget.
Mr. Jantz reviewed new and existing projects including:
• Civic Facilities
• Facility Maintenance
• Park Development
• Drainage Projects
• Sewer Projects
• Water Projects
• Street Projects
Council thanked staff for the report and deferred further discussion of some CIP items
to the City Council Workshop to be held on Wednesday, May 17, 2006 at 1635 Faraday
Avenue, Carlsbad.
Council concurred to receive the report and set the public hearing for June 20, 2006.
14.AB #18.573 - DRAFT CITY BALLOT MEASURE.
City Attorney Ron Ball presented a report and reviewed a PowerPoint presentation (on
file in the Office of the City Clerk).
Mr. Ball explained the Draft Ballot Measure and noted the differences between the two
initiatives.
Council Member Packard stated that educating the citizens of Carlsbad would be better
than placing a Measure on the ballot and stated he could not support referring the item
to the Citizens' Committee for review.
May 16, 2006 Carlsbad City Council Meeting Page 8
Council Member Sigafoose acknowledged that the proposed Ballot Measure has merit,
but would not support referring to the Citizens' Committee for review because the City's
citizens are capable of voting appropriately on the two initiatives.
ACTION: On a motion by Mayor Pro Tem Hall, Council referred the proposed
draft City Ballot Measure titled "The Flower Fields, Strawberry
Fields, Open Space and Public Trails Protection Act Of 2006" to
the Citizens' Committee for review.
AYES: Lewis, Hall, Kulchin
NOES: Packard and Sigafoose
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, May 17, 2006 - 11 a.m.
Carlsbad City Council Study Session
Faraday Building
1635 Faraday Avenue
Carlsbad, California
Thursday, May 18, 2006 - 7:30 a.m.
Carlsbad Village Business Association Board Meeting
Carlsbad Theatre
2822 State Stret
Carlsbad, California
Thursday, May 18, 2006 -11:30 a.m.
Ann L'Heureux Memorial Dog Park Dedication
Carlsbad Village Drive, west of Concord
Carlsbad, California
May 16, 2006 Carlsbad City Council Meeting Page 9
Friday, May 19, 2006 - 5:30 p.m.
Carlsbad City Library Hourly Employee Recognition Event
Carlsbad Senior Center
799 Pine Avenue
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of May 16, 2006 was adjourned at 9:19 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Ronna S. Stickrod
Deputy City Clerk