HomeMy WebLinkAbout2006-07-25; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: July 25, 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 meeting were approved
as presented:
Minutes of the Regular Meeting held June 27, 2006.
PRESENTATIONS:
San Diego Housing Federation Executive Director Tom Scott presented the Housing
Project of the Year - Inclusionary Housing Award to Mary Jane Jagodzinkski of
Community Housing Works for the La Costa Paloma Housing Project.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #1 through #3 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 #18.661 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2006-210. accepting the construction of the
traffic signal at Paseo Del Norte and Car Country Drive, Project No. 3935-1, as
complete, and directing the City Clerk to record the Notice of Completion.
2. AB #18.662 - TEMPORARY CLOSURE OF INTERSECTION.
Council adopted RESOLUTION NO. 2006-211. approving the temporary closure
of West Oaks Way at the intersection of Palomar Oaks Way for the installation
of a lockable swinging gate and k-rail.
3. AB #18.663 - ESTABLISH TAX FOR COMMUNITY FACILITIES DISTRICT NO. 1.
Council adopted RESOLUTION NO. 2006-212. establishing the 2006-07 Special
Tax for Community Facilities District (CFD) No. 1.
July 25, 2006 Carlsbad City Council Meeting Page 2
ORDINANCE FOR INTRODUCTION:
4. AB #18.664 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced
ORDINANCE NO. NS-813. amending Title 20, Chapters 20.04,
General Regulations, and 20.08, Fees, of the Carlsbad Municipal
Code to reflect changes to state and local laws regarding
subdivision, zoning, and grading and erosion control.
Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
5- AB #18.669 - REPEAL CARLSBAD MUNICIPAL CODE CHAPTER 5.60.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-814. repealing Chapter 5.60 of the Carlsbad
Municipal Code regulating insurance requirements for special
events.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
None.
ORDINANCE FOR ADOPTION:
6- AB #18.665 - ESTABLISH A PRIMA FACIE SPEED LIMIT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
ORDINANCE NO. NS-812. amending Title 10, Chapter 10.44, of
the Carlsbad Municipal Code by the addition of Section 10.44.770
to establish upon Camino Junipero a prima facie 45 mile per hour
speed limit from Rancho Santa Fe Road to its intersection with
Avenida Amapola.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
July 25, 2006 Carlsbad City Council Meeting Page 3
PUBLIC COMMENT:
A representative of Policewatch.org expressed concerns relating to police accountability
in communities throughout the United States.
Linda Ruskowski, 4841 Hillside Drive, Carlsbad, came forward to address Council on
behalf of the Carlsbad Softball Association. Ms. Ruskowski requested that the Council
consider making a contribution to assist the Carlsbad Aces team with expenses related
to their participation in an upcoming National Tournament in Texas.
Michele Levy, 3021 Highland Drive, Carlsbad, requested that Highland Drive from
Hillside to Carlsbad Village Drive be included in the pavement overlay project.
Ron Alvarez, 354 Oak Avenue, Carlsbad, expressed concerns relating to music and
construction noise in the Village area. He suggested that the City consider establishing
a noise ordinance.
Eric Larson, Executive Director of the San Diego County Farm Bureau, 1355 Forest
Avenue, Carlsbad, came forward to address the Council. Mr. Larson stated that
comments made by individuals at the July 18, 2006 Carlsbad City Council Meeting
referencing his opinion relating to the long-term and short-term viability of farming may
have been taken out of context. Mr. Larson further explained that such a discussion is
very complex.
In response to an inquiry from Mayor Pro Tem Hall, Mr. Larson explained that federal
regulations such as the Clean Water Act and Immigration Reform are factors to be
considered when discussing the long-term viability of farming.
PUBLIC HEARING:
7. AB #18.666 -VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.06.
Associate Planner Jessica Galloway presented the staff report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Ms. Galloway reviewed the location of the project property and the various architectural
styles being proposed for the development.
Jack Henthom, Jack Henthorn and Associates, 5365 Avenida Encinas, Carlsbad, came
forward to address Council on behalf of the applicant, Davidson Communities.
Mr. Henthom reviewed a brief PowerPoint presentation (not on file in the Office of the
City Clerk), illustrating the various floor plans and architectural styles proposed for the
project.
Mayor Lewis opened the duly noticed Public Hearing at 6:35 p.m. and asked if anyone
would like to speak.
July 25,2006 Carlsbad City Council Meeting Page 4
Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:35 p.m.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-213. approving a major Planned
Development Permit Amendment, PUD 04-14(A) for building floor
plans, elevations and plotting for the development of 91 single-
family detached homes within the Villages of La Costa Greens,
Neighborhood 1.06, generally located north of Poinsettia Lane, and
east of Alicante Road within Local Facilities Management Zone 10.
Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #18.667 - REPORT ON LAND USE STUDIES.
Pete Aadland, Staff Committee Liaison from North County Transit District (NCTD) came
forward to address Council. He explained that NCTD has initiated land use studies for
three of its transit stations, including Carlsbad Village, Escondido, and Oceanside. The
study's intent is to review the following:
• The potential for reconfiguration of transit station facilities in order to improve
efficiency of operations
• Transit center circulation
• Support of NCTD's land resources in order to generate operating funds and
increase ridership
Mr. Aadland commented that the District is focusing on the following goals:
• Increasing Ridership
a Address parking concerns
• Increasing Revenue
a Increase transit services
• Working with City and Redevelopment agency to determine vision
• Encouraging Public Participation
In response to an inquiry from Mayor Pro Tern Hall, Mr. Aadland confirmed that the
Transit District can participate in public/private partnerships and provided the station in
Solana Beach as an example of such a partnership.
In response to Council Member Kulchin, Mr. Aadland stated that the District's intent is
to have completed the public input phase of the study by sometime in September.
Council Member Kulchin commented that it is important to involve all of the
stakeholders in the process.
Housing and Redevelopment Director Debbie Fountain explained that NCTD and the
City are working to coordinate the public input workshops with all of the stakeholders.
July 25,2006 Carlsbad City Council Meeting Page 5
Mayor Lewis commented that parking is an issue at the Carlsbad station and suggested
that the District consider construction of a parking structure.
Council received the report.
9. AB #18.668 - REPORT FROM THE CITIZENS' COMMITTEE.
Principal Planner Gary Barberio, Committee Chairman Eric Munoz and Subcommittee
Chairman Seth Schulberg presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mr. Barberio stated that Committee was formed to review the proposed Citizen's
initiatives known as the "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 sponsored ballot measure relating to the strawberry and flower fields
area of the City.
Mr. Barberio commented that the Committee met seven times, studied the initiatives
and ballot measure, received public input and prepared a report containing an
independent comparative analysis matrix of the initiatives and ballot measure.
Mr. Munoz explained that the Report prepared by the Committee contained the
following components:
• Matrix of the Measures
• Recommendations of the Committee majority
• A Minority Report prepared by Committee Member Kip McBane
Mr. Munoz stated that the Report did not include the analysis of the "Carlsbad Gateway
Parkland and Open Space Initiative of 2006" since the petition did not obtain a
sufficient number of signatures to be placed on the November ballot.
Mr. Munoz also stated that once the initial Committee had been formed, a sub-
committee was established led by Mr. Schulberg, with the mission of providing the
average voter the appropriate information to reach an informed decision relating to the
initiative and proposed ballot measure.
Mr. Munoz further explained that the analysis matrix was based on the written text of
the initiative and measure and that if the initiative or measure was silent on a particular
use, the use was considered not permitted.
Mr. Munoz stated that the Committee concurred that a Council sponsored ballot
measure should go forward; however, not the one that was currently proposed.
July 25, 2006 Carlsbad City Council Meeting
The following are changes the Committee recommended that Council consider prior to
approving the City sponsored ballot measure:
• Ballot measure should affirm the existing Travel/Recreation (TR) designation on the
48 acre parcel currently designated for T/R. The parcel should be removed from
inclusion in the proposed ballot measure.
• Ballot measure should allow public or private recreation and should permit passive
and active recreation without altering the existing Flower Fields ®.
• For Carlsbad Ranch Specific Plan: Retain agricultural use and allow flexibility and
support agricultural uses and allow active recreation on ail Carlsbad Ranch sites.
• Ballot measure should clarify SDG&E property rights.
• Remove specific reference to a "Civic Center" from the ballot measure.
• Ballot measure shall reiterate that the City has a Growth Management Plan that
applies to the surrounding areas.
In response to an inquiry from Mayor Lewis, Mr. Barberio explained that the Minority
Report was primarily authored by Mr. Kip McBane.
RECESS:
Mayor Lewis declared a recess at 7:43 p.m. Council reconvened at 7:53 p.m., with five
Council Members present.
Kip McBane, 2960 Crest Drive, Carlsbad, came forward to address Council. Mr.
McBane suggested that the City figure out a way to create a coastal agriculture
preserve in the Cannon Road Area. He recommended that agriculture for the land be
zoned as Land Use Priority No. 1 rather than Land Use Priority No. 5.
Mitch Mitchell, 8330 Century Park Ct. San Diego, representing SDG&E came forward to
address Council. Mr. Mitchell complimented the Committee for their work and
commented that the discussion taking place is to find the best use for the subject
property.
Dee Ann Gee, 2727 Spokane Way, Carlsbad, expressed concerns relating to the
Committee Report. Ms. Gee stated that she felt the analysis was flawed and biased.
Jill Agosti, 4730 Edinburgh Drive, Carlsbad, came forward to address Council. Ms.
Agosti (a member of the Citizen's Committee) suggested that if Council were to move
forward with their ballot measure, they should consider the following:
• Be honest and forthcoming
• Educate the citizens
• Present details relating to the open space designation
• Communicate in layman terms
July 25, 2006 Carlsbad City Council Meeting Page 7
• Define the flower fields by street boundaries
Ted Owen, 5934 Priestly Drive, Carlsbad, came forward to address Council on behalf
of the Carlsbad Chamber of Commerce. Reading from a letter submitted to Council (on
file in the Office of the City Clerk), Mr. Owen encouraged the Council to take the
recommendations of the Citizen's Committee to generate a ballot measure that is best
for the City and for its citizens.
Michele Levy, 3021 Highland Drive, Carlsbad, inquired as to the intended use of the
City owned building formerly known as the Farmers Insurance Building.
Marvin Sippel, 5200 Hemingway Drive, Carlsbad, came forward to address Council.
Mr. Sippel stated that it is important for City officials and citizens to look for a solution
that is best for all. He also encouraged everyone to remember the "Three C's":
Change, Compromise and Civility.
Ron Alvarez, 354 Oak Avenue, Carlsbad, commented that the Fiscal Report relating to
the "Save the Strawberry and Flower Growing Fields Act of 2006" is flawed. Mr.
Alvarez requested that the citizen's of Carlsbad be truthfully educated relating to the
impacts of the Citizen's initiative and the proposed ballot measure.
Julie Nygaard, 3405 Spanish Way, Carlsbad, came forward to address Council. Ms.
Nygaard asked what the City will have to give up in the event the "Save the Strawberry
and Flower Growing Fields Act of 2006" initiative passes in November and the City is
forced to purchase the fields.
Dustin Johnston, 3981 Garfield #B, Carlsbad, expressed concerns relating to the Fiscal
Impact Report provided by RSG Consulting regarding the "Save the Strawberry and
Flower Growing Fields Act of 2006".
Mr. Johnston also commented that the Agua Hedionda Land Use Plan and the "Save
the Strawberry and Flower Growing Fields Act of 2006" will guarantee the City of
Carlsbad an insurance policy to preserve, protect and promote farming opportunities
and open space in the subject area without the threat of litigation.
Gary Hill, 3289 Donna Drive, Carlsbad, came forward to address Council. Mr. Hill
thanked Council for the opportunity to serve on the Citizen's Committee. He stated that
the process of deliberation led to a better understanding of the initiative and ballot
measure.
Chris Calkins, President of Carltas Company and the Flower Fields, 5600 Avenida
Encinas, Carlsbad, came forward to address Council. Mr. Calkins stated that the
Committee has provided the framework to give the community a choice. He
encouraged Council to incorporate the Committee's suggestions into the City's ballot
measure.
Joe Charess, 3347 Del Rio Ct., Carlsbad, urged the Council to incorporate the
Committee's suggestions into the ballot measure and place it on the November ballot.
July 25, 2006 Carlsbad City Council Meeting Page 8
Farrah Douglas, 2914 Carrillo Way, Carlsbad, thanked Council for the opportunity to
serve on the Citizen's Committee. Ms. Douglas commented that after an initial
presentation by the Concerned Citizen's of Carlsbad relating to the "Save the
Strawberry and Flower Growing Fields Act of 2006", no one from the group returned to
any of the Committee meetings to answer questions.
Referencing a letter submitted to the Council (on file in the Office of the City Clerk), Ms.
Douglas suggested the following changes to the proposed ballot measure:
• Eliminate the price tag of more than $1,000,000 for the development of Trails from
the proposed ballot measure.
• Eliminate concept of Civic Center from proposed ballot measure.
• Title of proposed ballot measure should express City's intention to protect the future
of Carlsbad, its natural beauty and resources.
• Utilize the Citizen's Committee members for resources at future workshops, round
table discussions or forums to educate the Carlsbad citizens regarding the initiative
and proposed ballot measure.
Mike Bovenzi, 343 Oak Avenue, Carlsbad came forward to address Council. Mr.
Bovenzi expressed concerns relating to the absence of Proposition E Reports that
provide a breakdown of the number of dwelling units available in the City. He further
stated that the reports, required by state law, had not been prepared since 1986.
Mr. Bovenzi also commented that agriculture would generate revenue for Carlsbad.
Council Member Kulchin confirmed with Mr. Bovenzi that although he had been given
the opportunity to attend the meetings of the Citizen's Committee to answer questions
on behalf of the Concerned Citizen's of Carlsbad, he nor a representative had returned
after their initial presentation.
In response to an inquiry from Council Member Kulchin, Mr. Holzmiller explained that
the ballot measure being proposed by the City and supported by the Citizen's
Committee specifically prohibits residential development in the strawberry and flower
fields area.
In response to an inquiry from Council Member Packard, Mr. Munoz explained that
examples of private recreational opportunities in designated Open Space could be
such things as a trail easement provided by a private property owner or a privately
owned golf course.
Mr. Barberio commented that the parcel addresses given in the "Save the Strawberry
and Flower Growing Fields Act of 2006" initiative text were not consistent with the
parcel maps attached as exhibits to the initiative.
July 25, 2006 Carlsbad City Council Meeting Page 9
In response to a request from Mayor Pro Tern Hall, City Attorney Ron Ball explained
that from a legal perspective, since the Assessor's Parcel Numbers (APN's) and
attached maps are referenced in the "Save the Strawberry and Flower Growing Fields
Act of 2006" initiative text, both must be considered. Mr. Ball further clarified that the
maps carry the same weight as the Assessor's Parcel Numbers.
Mr. Ball commented that the discrepancy will be one of the legislative follow-up actions
to be addressed in the event the initiative is approved by the voters.
Council discussion ensued regarding their appreciation for the Committee's efforts.
Council Member Kulchin commented that she could support Ms. Douglas's comments
relating to the trails.
City Attorney Ron Ball clarified that the Council concurred to incorporate Ms. Douglas's
suggestion to delete the following from the proposed City sponsored draft ballot
measure:
• Section 5.1 - Authorization to Expend City Funds For Public Trails.
ACTION: On a motion by Mayor Pro Tern Hall, Council accepted the Report
of the Citizen's Committee to Study the Flower Fields and
Strawberry Fields Area of the City.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
This item was continued from the Council Meeting of July 18, 2006.
10- AB #18.660 - GENERAL MUNICIPAL ELECTION NOVEMBER 7. 2006.
City Clerk Lorraine Wood presented the agenda item and reviewed the action for
Council consideration.
Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council. Mr.
Alvarez encouraged the Council to submit the "Save the Strawberry and Flower
Growing Fields Act of 2006" initiative to the voters on the November ballot.
Mitch Mitchell, 8330 Century Park Ct., San Diego, came forward to address Council on
behalf of San Diego Gas and Electric (SDG&E). Mr. Mitchell commented that the "Save
the Strawberry and Flower Growing Fields Act of 2006" initiative is misleading. He
further explained that SDG&E owns the property where the strawberries are now grown
and that the farmer currently tasked with farming strawberries is on a month to month
lease.
Mr. Mitchell stated that growing strawberries is not in a short term or long term plan for
SDG&E.
July 25, 2006 Carlsbad City Council Meeting Page 10
In closing, Mr. Mitchell reiterated SDG&E's desire to be a good community citizen and
that the best use of the property is the ultimate objective of SDG&E.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2006-206. ordering the submission of the
"Save the Strawberry and Flower Growing Fields Act of 2006"
initiative to the voters of the City of Carlsbad.
Lewis, Hall, Kulchin, Packard and Sigafoose.
None.
City Attorney Ron Ball commented that Resolution No. 2006-207 requires an
amendment to read as follows:
... .to file a written argument in opposition to the measure, not to exceed
300 words, accompanied by the printed name(s) and signature(s) of the
author(s) submitting it, in accordance with Article 1, Chapter 3, Division 9
of the Elections code of the State of California....
ACTION: On a motion by Mayor Pro Tem Hall, Councii adopted
RESOLUTION NO. 2006-207. as amended, authorizing Mayor
Lewis and Mayor Pro Tem Hall to file a written argument regarding
the "Save the Strawberry and Flower Growing Fields Act of 2006"
initiative.
ACTION:
AYES:
NOES:
ACTION:
AYES:
NOES:
Lewis, Hall, Kulchin, Packard and Sigafoose.
None.
On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2006-208. directing the City Attorney to
prepare an impartial analysis of the "Save the Strawberry and
Flower Growing Fields Act of 2006" initiative.
Lewis, Hall, Kulchin, Packard and Sigafoose.
None.
On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2006-209. providing for the filing of rebuttal
arguments for measures submitted at the November 7, 2006
Municipal Election.
Lewis, Hall, Kulchin, Packard and Sigafoose.
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.
July 25,2006 Carlsbad City Council Meeting Page 11
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of July 25, 2006 was adjourned at 9:56 p.m.
M. WOOD;
'City Cl
Sheila Cobian
Deputy City Clerk