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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