HomeMy WebLinkAbout2006-06-27; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 27, 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.
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 June 6, 2006.
Minutes of the Regular Meeting held June 6, 2006.
PRESENTATIONS:
Mayor Lewis presented a Retirement Proclamation to City Treasurer Jim
Stanton.
The Maintenance Superintendents Association made a presentation to the
Carlsbad Public Works Street Division.
Mayor Lewis presented a Retirement Proclamation to Deputy Public Works
Director Bob Greaney.
The Recreation Department gave a presentation on the 25th Anniversary of the
Triathlon and the Health Expo.
CONSENT CALENDAR:
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.
June 27, 2006 Carlsbad City Council Meeting Page 2
1. AB #18.613 -ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2006-168. approving plans and
specifications, and authorizing the advertisement for bids for the 2006 Slurry
Seal Project, Project No. 3667-12.
2. AB #18.619 - CONSTRUCTION MANAGEMENT AND INSPECTION
AGREEMENT.
Council adopted RESOLUTION NO. 2006-176. approving an agreement with
Dudek and Associates for construction management and inspection services for
Fire Station No. 6, Project No. 3901.
3. AB #18.620 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2006-177. approving plans and
specifications, and authorizing the advertisement for bids for the Summer 2006
Citywide Curb, Gutter, Sidewalk Repair, Contract No. PWS06-30STS, Project
No. PWGS218.
4. AB #18.621 -ANNEXATION TO COMMUNITY FACILITIES DISTRICT NO. 1.
Council adopted RESOLUTION NO. 2006-178. certifying the results of an
election and adding property known as the Cassia Professional Offices to the
existing Community Facilities District No. 1, Annexation No. 05/06-03.
5. AB #18.622 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on City investments as of May 31,
2006.
6. AB #18.623 - REVISED SALARY SCHEDULE FOR POLICE (CPOA).
Council adopted RESOLUTION NO. 2006-179. amending the Salary Schedule
for classifications represented by the Carlsbad Police Officers' Association,
CPOA, effective the pay period including July 1, 2006.
PUBLIC COMMENT:
Jean Feeney, 6805 Urabu St., Carlsbad, came forward and addressed Council as
Program Manager of Vista Community Clinic's Tobacco Control Program. Ms. Feeney
read a report on health issues in Carlsbad and encouraged the Council to take action.
Ms. Feeney also requested that Council build on the City's healthy community
reputation and implement tobacco retail licensing and smoke-free venue policies.
Lorraine Sprung, 985 BelAir Dr. E., Vista, spoke about the effects of smoking and
asked the Council to consider implementing tobacco retail licensing.
Susan Bentley, 2126 Pine Crest Way, Carlsbad, representing the Woodridge
Homeowners Association, addressed Council regarding the proposed Trails End
development and the proposed zone change. Ms. Bentley requested that Council
reconsider the impacts of the proposed zoning change, and mitigate concerns about
traffic and quality of life.
June 27, 2006 Carlsbad City Council Meeting Page 3
Craig Correll, 4245 Sunnyhill Dr., Carlsbad, representing the Woodridge Homeowners
Association, addressed Council regarding condemnation of property for private
development use. He suggested Council establish an eminent domain policy prohibiting
the acquisition of property for private use.
Nancy Held Loucas, 2832 Cedarwood Lane, Carlsbad, expressed concerns about the
years of traffic issues along Hosp Way. Ms. Loucas requested that the Council not
approve any projects along Hosp Way.
Michele Levy, 3021 Highland, Carlsbad, came forward and asked Council about the
status of the future civic center. She stated she is waiting for paperwork regarding this
matter.
Ms. Levy also inquired about the pricing of the desalinated water and requested
additional information regarding Poseidon resources and its partners.
In response to Ms. Levy's inquiry relating to the price of the desalinated water, Mayor
Lewis explained that the price Carlsbad pays for water will be equal to what Carlsbad is
currently paying from the County Water Authority.
PUBLIC HEARING:
This item was continued from the Council Meeting of June 6, 2006.
7. AB #18.588 - TRAILS END ZONE CHANGE.
Mayor Lewis announced that the public hearing was previously closed on June 6, 2006.
Mayor Lewis stated that Council had previously requested staff to consider whether
Hosp Way could be used as an ingress and egress to the Trails End project.
Mayor Lewis asked the Assistant City Attorney if the use of eminent domain was
appropriate in this project. Assistant City Attorney Jane Mobaldi responded that eminent
domain could be used if there was a necessity to acquire land for public use. She
further explained that in this instance, because the street is private, eminent domain
power does not apply.
In response to an inquiry from Council Member Packard, Associate Planner Jessica
Galloway stated that in order for the project to be constructed, the Residential Multiple
Zone density allowances have to change from the Residential Agricultural 10,000 to the
Residential Density-Multiple Zone to be brought into compliance with the General Plan.
Mayor Lewis reiterated concerns regarding the circulation pattern.
Mayor Pro Tern Hall clarified that this project is being approved just as it was approved
by the Planning Commission.
June 27, 2006 Carlsbad City Council Meeting Page 4
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-803 amending Section 21.05.030 of the
Carlsbad Municipal Code by an Amendment to the Zoning Map to
grant a Zone Change from Residential Agricultural (R-A 10,000) to
Residential Density-Multiple Zone (RD-M) on a 2.79 acre site
generally located on the north side of Carlsbad Village Drive and
west of Donna drive in Local Facilities Management Zone 1.
Council adopted RESOLUTION NO. 2006-143 adopting a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting
Program for a Zone Change (ZC 04- 4-10), Tentative Tract Map
(CT 04-14), Hillside Development Permit (HDP 04-07), and
Planned Development Permit (PUD 04-10) for the Trails End
Project on a 2.79 acre site generally located north of Carlsbad
Village Drive and west of Donna Drive and within Local Facilities
Management Zone 1.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose.
NOES: None.
RECESS:
Council Member Kulchin recused herself at this time on Agenda Items 8 & 9 due to a
conflict of interest regarding property ownership.
Mayor Lewis declared a recess at 6:55 p.m. Council reconvened at 7:00 p.m. with four
members present.
8. AB #18.624 - LA COSTA VILLAGE CENTER TOWNHOMES.
Associate Planner Jessica Galloway and Assistant Engineer David Rick presented the
staff report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Mayor Pro Tem Hall asked for clarification on the amount of dirt to be imported. Mr.
Rick replied that the amount of imported dirt is 376 cubic yards.
Council Member Packard asked if this project would be Carlsbad's interpretation of
"smart growth." Ms. Galloway replied that the overall design fits "smart growth"
principles, but the reason for the design had to do with biological impacts.
Mayor Lewis stated the Planning Commission Minutes indicated a discussion regarding
calming effects and asked if this issue pertained to the half-loop within the project.
Mr. Rick explained that the calming effects discussion involved the intersection of Dove
and the project's driveway, and the pedestrian crossing into the shopping center.
June 27, 2006 Carlsbad City Council Meeting Page 5
Mr. Rick further explained that additional inward curve could be added at the
intersection to make drivers slow down, or the placement of a crosswalk or textured
pavement could be required.
In response to an inquiry from Mayor Lewis, Mr. Rick explained the City would be
responsible for the maintenance of any calming effect items installed, such as a
crosswalk or textured pavement, and the developer would be responsible for the
installation of any of these items.
Jack Henthorn, 6365 Avenida Encinas, Suite A, Carlsbad, representing Marker
Development, LLC, provided a PowerPoint presentation on the project (not on file with
the City).
Mayor Lewis opened the duly noticed Public Hearing at 7:13 pm.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:13 p.m.
Mayor Lewis asked for clarification regarding the nine acres left as open space and the
five acres of development.
Ms. Galloway replied 8.4 acres are common natural open space and 2.4 acres are
common open space. She noted the overall development of the site including all roads
and accesses is approximately 5.6 acres.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE
NO. NS-808 Amending Section 21.05.030 of the Carlsbad Municipal Code
by an Amendment to the Zoning Map to grant a Zone Change from
Limited Control (L-C) to Residential Density-Multiple with a Qualified
Development Overlay (RD-5 M-Q) and Open Space (OS) on a 14.4 acre
site generally located on the west side of El Camino Real and north of
Dove Lane in Local Facilities Management Zone 21.
Council adopted RESOLUTION NO. 2006-180 approving a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program,
General Plan Amendment, Local Coastal Program Amendment, and Zone
Change to change the General Plan and Local Coastal Program Land
Use designations from Residential Medium (RM, 4-8 du/ac) to Residential
Medium-High (RMH, 8-15 du/ac) and Open Space (OS), and to change
the Citywide Zoning and Local Coastal Program Zoning designations from
Limited Control (L-C) to Residential Density-Multiple with a Qualified
Development Overlay (RD-M-Q) and Open Space (OS); and, to consider
approving a Tentative Tract Map, Site Development Plan, Hillside
Development Permit, Coastal Development Permit, and Condominium
Permit to subdivide and grade a 14.4 acre site into 2 residential lots for 53
condominium units, 1 driveway lot, and 1 open space lot on property
generally located on the west side of El Camino Real and north of Dove
Lane, within the Mello II Segment of the Local Coastal Program and Local
June 27, 2006 Carlsbad City Council Meeting Page 6
Facilities Management Zone 21, GPA04-10, LCPA 04-09, ZC 04-06, CT 04-08,
SDP 04-05, HDP 04-04, CDP 04-17, CP 04-03.
AYES: Lewis, Hall, Packard, Sigafoose.
NOES: None.
ABSENT: Kulchin.
9. AB #18.625 - LA COSTA GREENS NEIGHBORHOOD 1.16.
Barbara Kennedy presented the staff report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
Jack Henthorn, 6365 Avenida Encinas, Suite A, Carlsbad, representing Marker
Development, LLC, gave a PowerPoint presentation (not on file with the City).
Mayor Lewis opened the duly noticed Public Hearing at 7:27 pm.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:27 p.m.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION
NO. 2006-181 approving a Tentative Tract Map and Condominium
Permit for La Costa Greens Neighborhood 1.16 for the subdivision
and development of an 11.6 acre site into an 86-unit residential air-
space condominium project on the property generally located on
the east and west sides of Estrella de Mar Road and north of Dove
Lane in Local Facilities Management Zone 10, CT 05-05, CP 05-
06.
AYES: Lewis, Hall, Packard, Sigafoose.
NOES: None.
ABSENT: Kulchin.
RECESS:
Mayor Lewis declared a recess at 7:28 p.m. Council Member Kulchin returned to the
dais and Council reconvened at 7:33 p.m. with five members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
This item was continued from the Council Meetings of June 13 and 20, 2006.
10. AB #18.603 - VEHICLE WEIGHT RATING ON MELROSE DRIVE.
City Engineer Skip Hammann and Deputy City Engineer Bob Johnson stated that they
were available to answer any questions Council might have.
June 27, 2006 Carlsbad City Council Meeting Page 7
Mayor Lewis announced that Council would not hear additional information from the
public and that Council is aware of the concerns of the citizens in this area. The Mayor
also stated that he sees the traffic problem emanating from the location of the Carrillo
Elementary school. Mayor Lewis further said he could not support truck traffic on El
Fuerte.
Council Member Kulchin asked for clarification regarding what portions of Melrose were
designated as a truck route and what portions were designated as a haul route.
Mr. Hammann replied that the portion of Melrose north of Palomar Airport Road is a
truck route and Melrose south of Palomar Airport Road to Alga is designated as a non-
truck route. He further explained that local deliveries can be made with a haul route
permit. Council Member Kulchin confirmed with staff that a hauling permit needs to be
obtained each time someone wanted to haul something on that road.
Council Member Kulchin inquired about placing a designation on a truck that could
indicate indicated possession of a hauling permit.
Mr. Hammann replied that staff could look into this matter but currently all that is
required is for the permit to be displayed in the truck's cab.
Council Member Packard asked for clarification on the types of vehicles required to
obtain hauling permits and provided an example of a Sears delivery truck over 7 tons
delivering appliances. Mr. Hammann replied that no permit would be required because
it is a local delivery and is exempt.
Council Member Packard confirmed with staff that there are circumstances where truck
drivers will be legally entitled to be on Melrose without a permit.
Mr. Johnson explained the vehicle must stay on the truck route as long as it can until it
gets close to its destination. He noted that it can then deviate and go to the local street.
He also stated even though the truck is making a local delivery, it cannot meander
through the local street system to get to that destination.
Mayor Lewis requested staff investigate identifying signage that could be placed on the
outside door of a truck indicating that has obtained appropriate permits.
Mayor Pro Tern Hall explained to Council that the placement of the elementary school
was determined by the San Marcos School District Board. Mr. Hall further explained
that safety was an issue of discussion during the siting selection. Mr. Hall also said that
Council will have to negotiate the mitigation of this situation with the San Marcos School
District Board.
Mayor Lewis stated he was concerned about the safety of the children and how difficult
it will be for the City to manage this safety if the School District changes the school's
starting and ending times halfway through the school year.
June 27, 2006 Carlsbad City Council Meeting Page 8
Mayor Pro Tern Hall requested clarification from staff on when it becomes necessary to
have a haul route permit, providing a 10-wheeler truck with a load of asphalt as an
example.
Mr. Hammann responded that the City requires a permit if there is a significant haul of
90 yards or more and an operation running two-to-three trucks or more.
Mr. Hall stated that he thought the signage on the sides of the trucks would benefit the
citizens but not the City engineers or law enforcement personnel. Mayor Lewis
responded that the signage would be a visual indication for the citizens in this area that
the driver has obtained the appropriate permits to be traveling on that road.
Mayor Lewis requested that Mr. Johnson review the staff recommendations (on file in
the office of the City Clerk) with Council.
City Manager Ray Patchett stated that staff could review the recommendations working
with the city/school committee, develop a list of the pros and cons and return to Council
at an appropriate time.
Council Member Packard asked if it would be more appropriate to direct the
recommendations through the Traffic Safety Commission. Mr. Patchett suggested to
Council that staff return with the recommended actions and if desired, Council can send
the item to the Commission.
In response to an inquiry from Mayor Lewis, Mr. Johnson confirmed that the list of
recommendations will be made available to the public. Mr. Johnson also stated that at
the City Attorney's request, staff is developing a truck route ordinance.
Mayor Lewis suggested that the Police Chief work out a plan for enforcement that ties
in with traffic and return to Council with their recommendations.
Council received the report and continued the item to a future meeting pending
additional recommendations from staff.
11. AB #18.626 - BEACH ATTENDANCE AND ECONOMIC STUDY.
Associate Engineer Steve Jantz and Dick Erhardt, Chair of the Beach Preservation
Committee provided the report and reviewed a PowerPoint presentation (on file in the
office of the City Clerk).
Mr. Erhardt stated the Beach Preservation Committee recommends the City Council put
beach preservation on its agenda of future goal-setting sessions.
Council Member Sigafoose inquired if any monies had been obtained for beach
replenishment.
Mr. Jantz replied that no funding had been secured for beach nourishment within the
last year. He further explained that staff is looking into recreating the 2001 beach
replenishment two years from now.
June 27, 2006 Carlsbad City Council Meeting Page 9
Council Member Packard inquired if a beach walk in the south part of Carlsbad is being
considered by the Beach Preservation Committee.
Mr. Erhardt replied that Agriculture Mitigation Committee will be looking into this issue.
In response to an inquiry from Council Member Kulchin, Mr. Jantz explained offshore
beach profiles had been conducted twice a year since 1986. He further explained that
beaches in Carlsbad are relatively stable and sand does not exit Carlsbad beaches as
fast as other areas.
Mayor Lewis stated this would be a topic at an upcoming workshop.
Council received the report.
12.AB #18.627 - LIBRARY BOARD OF TRUSTEES APPOINTMENT.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION
NO. 2006-182 re-appointing Rob Sweete to the Library Board of
Trustees.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose.
NOES: None.
13. AB #18.628-APPOINTMENT OF CITY TREASURER.
Mayor Lewis stated that he is recommending former city employee Cheryl Gerhardt for
appointment and Mayor Pro Tem Hall is recommending Harold V. McSherry to be
appointed.
Mayor Lewis stated he would have to recuse himself regarding support of Mr. McSherry
because Mr. McSherry was his tax accountant and this would be a conflict of interest.
Council discussion ensued regarding their support of Mr. McSherry.
On advice by Assistant City Attorney Jane Mobaldi, Mayor Lewis left the dais because
of a possible conflict of interest at 8:28 p.m.
ACTION: City Council adopted RESOLUTION NO. 2006-183 appointing
Harold V. McSherry as interim City Treasurer.
AYES: Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Lewis
Mayor Lewis returned to the dais at 8:29 p.m.
June 27, 2006 Carlsbad City Council Meeting Page 10
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 at the Four Seasons Aviara Resort fourth of July
fireworks celebration on July 4, 2006, 7100 Four Seasons Point, Carlsbad at 7:00 p.m.
ADJOURNMENT:
By proper motion, the Regular Meeting of June 27, 2006 was adjourned at 8:35
p.m.
City Clerk
Sherry Freisinger
Admin. Secretary