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HomeMy WebLinkAbout2006-07-11; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 11, 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 Tem Hall, minutes of the following meetings were approved as presented: Minutes of the Special Meeting held June 13, 2006. Minutes of the Regular Meeting held June 13, 2006. Minutes of the Joint Special Meeting held June 13, 2006. Minutes of the Special Meeting held June 20, 2006. Minutes of the Regular Meeting held June 20, 2006. Minutes of the Joint Special Meeting held June 20, 2006. PRESENTATIONS: Mayor Lewis presented a Proclamation to Recreation Director Ken Price in recognition of Parks and Recreation Month. Mayor Lewis presented a Proclamation to retiring Parks Supervisor Jerry Rodriquez in recognition of his 34 years of service to the City of Carlsbad. CONSENT CALENDAR: Item Nos. 1, 6, 9 and 12 were pulled for discussion. ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #2 through #5, #7, #8, #10, #11 and #13 as follows: AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. None. July 11, 2006 Carlsbad City Council Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #18.629 - ACCEPTANCE OF DONATION. This item was pulled for discussion. 2. AB #18.630 - RENEWAL OF LIABILITY INSURANCE. Council adopted RESOLUTION NO. 2006-185. approving the renewal of liability insurance with Driver-Alliant Company through the California Municipal Excess Liability Program (CAMEL), and authorizing the expenditure of funds. 3. AB #18.631 - AMENDMENT OF TRAFFIC SIGNAL MAINTENANCE AGREEMENT. Council adopted RESOLUTION NO. 2006-186. approving an amendment of the Traffic Signal Maintenance Services Agreement with Republic Electric, Inc., to an annual specified amount. 4. AB #18.632 - QUITCLAIM OF EASEMENT. Council adopted RESOLUTION NO. 2006-187. approving a quitclaim of a Relinquishment of Access Rights Easement to Pulte Homes Corporation over lots 11 and 15 of Carlsbad Tract No. CT 04-02, Map 15167, PR 06-41. 5. AB #18.633 - ETHICS TRAINING. Council adopted RESOLUTION NO. 2006-188. designating the employees who are required to receive ethics training, and amending City Council Policy No. 2 regarding the reimbursement of expenses. 6. AB #18.609 - RETENTION OF SPECIAL COUNSEL. This item was pulled for discussion. 7. AB #18.634 - SETTLEMENT OF DISPUTE. Council reported out the terms and conditions of the settlement, as required by the Brown Act, in the First American Title Company Dispute. 8- AB #18.635 - SETTLEMENT OF DISPUTE. Council reported out the terms and conditions of the settlement, as required by the Brown Act, in the Bank of America Dispute. 9. AB #18.637 - UNDERGROUNDING OF UTILITIES. This item was pulled for discussion. 10. AB #18.638 - CONTINUATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2006-191. 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. July 11,2006 Carlsbad City Council Meeting Page 3 11. AB #18.639 - SETTLEMENT AGREEMENT. Council reported out the terms and conditions of the settlement, as required by the Brown Act, in Pilot v. California Interscholastic Federation (GIF), et al. 12. AB #18.640 - OPENING OF MELROSE DRIVE. This item was pulled for discussion. 13. AB #18.641 - SETTLEMENT OF CLAIM. Council adopted RESOLUTION NO. 2006-197. authorizing the expenditure of funds for settlement of the workers' compensation claim of David Mitchley. DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #18.629 - ACCEPTANCE OF DONATION. Council Member Kulchin expressed her appreciation for the donation to the Library and introduced Arthur Wood of the Friends of the Carlsbad Library. Mr. Wood commented that the Friends were happy to make the $40,000 donation and $26,000 pledge to the Carlsbad Library. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2006-184. accepting a $40,000 donation from the Friends of the Carlsbad Library. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 6. AB #18.609 - RETENTION OF SPECIAL COUNSEL. Michele Levy, 3021 Highland, came forward to address Council. Ms. Levy expressed concerns relating to the expenditure of funds on the Special Counsel. Ron Alvarez, 354 Oak Avenue, requested that the City provide the public with information relating to the current number of dwelling units in each quadrant of the City. Steve Brooks, 2420 Gary Drive, representing businesses on Melrose Drive at the Home Depot Shopping Center, requested that the Council approve opening Melrose Drive. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-162. authorizing the retention of the Law Offices of McDougal, Love, Eckis, Smith, Boehmer & Foley for initiative and ballot measure legal advisor services. Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. July 11,2006 Carlsbad City Council Meeting 9. AB #18.637 - UNDERGROUNDS OF UTILITIES. Council Member Sigafoose requested that the record reflect her no vote on this item due to the items' relation to the golf course. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-190. authorizing proceeding with the undergrounding of utilities along Palomar Airport Road and granting an easement required for the Carlsbad City Golf Course Project. AYES: Lewis, Hall, Kulchin and Packard. NOES: Sigafoose. 12. AB #18.640 - OPENING OF MELROSE DRIVE. Council Member Kulchin commented that the Council had received e-mails (on file in the Office of the City Clerk) expressing concerns relating to the speed limit on the portion of Melrose Drive scheduled to be opened as a result of this agenda bill. Ms. Kulchin requested that Deputy City Engineer address the concerns. Mr. Johnson explained that a traffic survey would be performed to establish the speed limit once Melrose is open to through traffic between the City of Vista and Carlsbad. Council Member Kulchin confirmed with Mr. Johnson that the interested citizens would be notified when the survey is scheduled to be reviewed by the Traffic Safety Commission. Mayor Lewis confirmed that the Traffic Division of the Police Department would be monitoring the area until a speed limit could be established for the newly opened portion of Melrose Drive. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2006-192. authorizing the opening of Melrose Drive upon the City of Vista's Agreement to open Faraday Avenue. Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. ORDINANCES FOR ADOPTION: 14. AB #18.642 - TRAILS END. City Attorney Ron Ball titled the Ordinance. July 11, 2006 Carlsbad City Council Meeting Page 5 Michele Levy, 3021 Highland, came forward to address Council. Ms. Levy voiced concerns relating to the possibility of the City exercising its right to acquire private property for development. In response to Ms. Levy's concerns, City Attorney Ron Ball explained that the City can require offsite improvements by a developer and that the developer can request that the City condemn property in order to make the improvements. Mr. Ball further explained that this is not the case with the Trails End project. Mayor Lewis directed the City Attorney to address Ms. Levy's concerns via a written response. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted 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. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 15. AB #18.643 - LA COSTA VILLAGE CENTER TOWNHOMES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted 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-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. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. PUBLIC COMMENT: Michele Levy, 3021 Highland, expressed concerns relating to the amount of money spent on the purchase of the building formerly known as the Farmers Insurance Building. Ms. Levy also voiced concerns relating to the amount of money spent on rent for the building that houses Fire Station No. 6. July 11, 2006 Carlsbad City Council Meeting Page 6 Penny Johnson, 1360 Hillview Court, suggested that the Citizen's of Carlsbad read the editorial in the June 15, 2006 issue of the North County Times regarding open space and development. Ron Alvarez, 354 Oak Avenue, Carlsbad came forward to address Council. Mr. Alvarez asked why the Agreement approved by Council (Item No. 6 on the Consent Calendar) did not include information pertaining to the study or substantiation of the legal issues relating to the initiatives being proposed for the November Election. City Attorney Ron Ball explained that the Agreement was in relation to the Reports that would be presented to the City Council at the Regular Meeting on Tuesday, July 18, 2006. Council Member Sigafoose clarified that the Agreement was for work completed and that the money to pay for the services had been set aside to study the item. PUBLIC HEARING: 16. AB #18.644 - LA COSTA RESORT LOT LINE ADJUSTMENT. Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member Packard confirmed with staff that affected property owners were given notification regarding the lot line adjustment. Jim Waples, Project Manager, KSL, 2100 Costa Del Mar, Carlsbad, came forward to address Council. Mr. Waples commented that he would be happy to answer any questions from Council. Mayor Lewis opened the duly noticed Public Hearing at 6:53 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:53 p.m. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-809. amending Section 21.05.030 of the Carlsbad Municipal Code by an Amendment to the Zoning Map to grant a Zone Change, ZC 05-06, to change the Zoning Designation on multiple properties from Planned Community to Residential Single-Family, 7,500 square foot lot size minimum on lands generally located east of El Camino Real between Alga Road and La Costa Avenue in Local Facilities Management Zone 6; and, July 11, 2006 Carlsbad City Council Meeting Page? NOES: Introduced ORDINANCE NO. NS-810 approving the La Costa Resort and Spa Master Plan Amendment to modify the boundaries of the Master Plan and approve Land Use and Zoning Map changes to the La Costa Master Plan on lands generally located east of El Camino Real between Alga Road and La Costa Avenue in Local Facilities Management Zone 6; and, Adopted RESOLUTION NO. 2006-193. adopting a Negative Declaration and approving a General Plan Amendment to change the Land Use and Open Space and Conservation Elements from Open Space (OS) and Residential Medium High Density (RMH) to Residential Low Medium Density (RLM) and Travel Recreation/Commercial (TR) on multiple properties located east of Ei Camino Real between Alga Road and La Costa Avenue in Local Facilities Management Zone 6. Lewis, Hall, Kulchin, Packard and Sigafoose. None. RECESS: Mayor Lewis declared a recess at 6:55 p.m. Council reconvened at 6:59 p.m., with five members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 17. AB #18.645 - REQUEST ENERGY RETROFIT FUNDING. Facilities Superintendent Tom Moore and Management Analyst Rob Houston presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member Packard commented that he was proud that the City of Carlsbad had been selected by SANDAG, SDG&E and the San Diego Regional Energy Office (SDREO) to participate in the Energy Efficiency Pilot Program. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2006-194. appropriating $215,052 from the City Council Contingency Fund and authorizing staff to complete the energy retrofits proposed by the San Diego Regional Energy Office and the City Facilities Department. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. July 11, 2006 Carlsbad City Council Meeting Page 8 18. AB #18.646 - ENERGY CONSERVATION AND MANAGEMENT. Facilities Superintendent Tom Moore and Management Analyst Rob Houston presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member Sigafoose commented that she hoped surrounding communities would also become involved in energy conservation. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-195. approving City Council Policy No. 71 regarding the City's commitment to Energy Conservation and Management. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 19. AB #18.647 - CHANGES TO REGULATIONS OF SPECIAL EVENTS. Council concurred to continue this item to the Regular City Council Meeting of Tuesday, July 18, 2006. 20. AB #18.648 - SANDAG'S SMART GROWTH CONCEPT MAP. Shelley Hayes Caron, P.O. Box 1502, Carlsbad, and Mel Vernon of the San Luis Rey Band of Mission Indians reviewed a presentation (not on file in the Office of the City Clerk) relating to SANDAG's Smart Growth Concept Map. Mr. Vernon spoke in support of preserving what is left of the El Salto Falls and Buena Creek Cooridor. Ms. Caron expressed concerns relating to increased density, traffic and pollution as a result of SANDAG's Smart Growth Concept. Ms. Caron asked that the El Salto Falls and Quarry Creek area be removed from the Concept Map. Liz Kruidenier, 3005 Cadencia Street, Carlsbad, came forward to address Council. Reading from a letter dated May 22, 2006 from the League of Women Voters North Coast San Diego County (on file in the Office of the City Clerk), Ms. Kruidenier expressed the League's desire to also have the Quarry Creek area removed from SANDAG's Smart Growth Concept Map. Ruth Calac, P.O. Box 1083, Pauma Valley, came forward to address Council on behalf of the Rincon Reservation. Ms. Calac requested that the Quarry Creek area not be considered as an area for Smart Growth. July 11,2006 Carlsbad City Council Meeting Page 9 Don Christiansen, 3715 Longview Drive, Carlsbad, expressed concerns relating to the current condition of El Salto Falls. Mr. Christiansen urged the City Council to protect and preserve the Falls. Diane Nygaard, 5020 Nighthawk Way, Oceanside, came forward to address Council on behalf of Preserve Calavera. Ms. Nygaard also encouraged the Council to support removal of the Quarry Creek area from the SANDAG Smart Growth Concept Map. Ms. Nygaard provided handouts to Council (on file in the Office of the City Clerk), illustrating other areas in Carlsbad for Smart Growth consideration. Mayor Pro Tem Hall stated that he too would like the El Salto Falls area to be preserved. Penny Johnson, 1360 Hillview Ct., Carlsbad, spoke in opposition to any development in the Quarry Creek area. Kasey Cinciarelli, 2727 Lyons Ct., Carlsbad, expressed concerns relating to increased traffic along the Highway 78 corridor. Ms. Cinciaretli also inquired when the public would be given the opportunity to offer input relating to SANDAG's Smart Growth Map. Mayor Lewis commented that the number of allowable dwelling units is limited in each quadrant of the City by the Growth Management Plan. He also commented that the Council will be discussing Smart Growth at an upcoming Council Workshop. Mayor Pro Tem Hall invited the Citizen's to review the Oceanside Environmental Impact Report for the Wai Mart on Marron Road. He explained that Carlsbad submitted comments relating to preservation of the surrounding environment. Council Member Kulchin requested that staff provide the Council and the citizens interested in Carlsbad's comments relating to the Oceanside Wai Mart Environmental Impact Report (EIR), with the portion of the EIR relevant to the comments submitted by the City of Carlsbad. Council received the presentation. 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. Council Member Packard commented that the City Council received a fetter from the proponents of the Carlsbad Gateway Parkland and Open Space Initiative of 2006 stating their intention to withdraw their initiative. CITY MANAGER COMMENTS: None. July 11, 2006 Carlsbad City Council Meeting Page 10 CtTY 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, July 12, 2006 - 10:30 a.m. Caulerpa Taxifolia Eradication Ceremony Agua Hedionda Lagoon Discovery Center 1580 Cannon Road Carlsbad, California Thursday, July 13, 2006 - 6:00 p.m. Premier Jet and Schuback Aviation Grand Opening 2192 Palomar Airport Road Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of July 11, 2006 was adjourned at 7:51 p.m. VC^MA LORRAINE^. WOOD, CMC City Clerk Sheila Cobian Deputy City Clerk