HomeMy WebLinkAbout2006-08-01; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: August 1, 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 Tem Hall, minutes of the following meetings were approved
as presented:
Minutes of the Special Meeting held July 11, 2006.
Minutes of the Regular Meeting held July 11, 2006.
CONSENT CALENDAR:
Item Nos. 1,2,3,6 and 7 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #4, #5 and #8 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 #18.670 - RENAMING THE CARLSBAD COMMUNITY GARDEN.
This item was pulled for discussion.
August 1, 2006 Carlsbad City Council Meeting Page 2
2. AB #18.671 -ACCEPTANCE OF DONATIONS.
This item was pulled for discussion.
3. AB #18.672 -ACCEPTANCE OF DONATIONS.
This item was pulled for discussion.
4. AB #18.673 - NETWORK SYSTEMS AGREEMENTS.
Council adopted RESOLUTION NO. 2006-217. approving the agreements with
LANSolutions, LLC, and Compellent, Inc., for the purchase, installation and
maintenance of the Compellent Storage Area Network Systems.
5. AB #18.674 - RECORDS MANAGEMENT PROGRAM REVISIONS.
Council adopted RESOLUTION NO. 2006-218. approving revisions to the
established citywide Records Management Program to reflect changes in law and
operational needs.
6. AB #18.675 - CONDITIONAL ACCEPTANCE OF MELROSE DRIVE.
This item was pulled for discussion.
7. AB #18.676 - PARKING LEASE AGREEMENT.
This item was pulled for discussion.
8. AB #18.677 - CONTINUATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2006-221. 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.
DISCUSSION OF CONSENT CALENDAR ITEMS:
1. AB #18.670 - RENAMING THE CARLSBAD COMMUNITY GARDEN.
Mayor Lewis expressed his appreciation for the contributions made to the
community by Harold E. Smerdu.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION
NO. 2006-214. approving the renaming of the Carlsbad
Community Garden to the "Carlsbad Harold E. Smerdu
Community Garden."
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
August 1, 2006 Carlsbad City Council Meeting Page 3
2. AB #18.671 -ACCEPTANCE OF DONATIONS.
Council Member Kulchin expressed appreciation on behalf of the City for
personal contributions and donations amounting to $500 by Mrs. Joan Kindle to
the Carrillo Ranch Trust Fund.
ACTION: On motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2006-215. accepting donations from Joan
Kindle to the Carrillo Ranch Trust Fund to benefit Leo Carrillo
Ranch Historic Park.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
3. AB #18.672 - ACCEPTANCE OF DONATIONS.
Council Member Kulchin acknowledged the contribution of $3,497.75 to the Carrillo
Ranch Trust Fund raised through the efforts of Mrs. Joan Kindle and Carrillo Ranch
docents.
ACTION: On motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2006-216. accepting donations from
various contributors to the Carrillo Ranch Trust Fund to
benefit Leo Carrillo Ranch Historic Park.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
6. AB #18.675 - CONDITIONAL ACCEPTANCE OF MELROSE DRIVE.
George Sarnecky, 2856 Cacatua St., Carlsbad, came forward to address Council,
stating he represented the residents living along the portion of El Fuerte Street
near Alga Road. Mr. Sarnecky said residents in this area are concerned with El
Fuerte being used as a haul route because of the severe curve and long bend of
the street between Alga Road and Cacatua Street. Mr. Sarnecky also stated that
residents will be attending future Council meetings where items having a direct
impact on El Fuerte Street will be on the agenda. He requested that these
concerns be placed on the first available Council agenda.
Mary Sarnecky, 2856 Cacatua St., Carlsbad addressed Council expressing
concerns regarding truck traffic and skateboarders as well as the lack of
crosswalks, traffic signals, stop signs and posted speed limits on El Fuerte Street.
She said high vehicular speed combined with the curvature of the street, are a
significant hazard for those who enter or cross the intersection on foot or in cars.
She further stated that much of the heavy truck traffic has been moved from
Melrose Avenue to El Fuerte Street.
August 1, 2006 Carlsbad City Council Meeting Page 4
Jim Hensley, 2841 Esturion St., Carlsbad, urged Council to open Melrose south of
Palomar Airport Road to Rancho Santa Fe Road to all truck traffic, stating it was
designed for trucks.
Mayor Lewis asked Deputy City Engineer Bob Johnson to explain the status of
Melrose Drive.
Mr. Johnson responded that the section of El Fuerte Street from Alga Road to El
Poncho Street will be re-striped. He further informed Council that following the re-
striping, an engineering and traffic survey will be conducted to establish a prima
facie speed limit. Mr. Johnson explained that the survey would be presented to the
Traffic Safety Commission who would then make a recommendation on the prima
facie speed limit to City Council.
Mr. Johnson informed Council there currently are two active haul routes on El
Fuerte Street.
Mayor Lewis requested clarification on trucks with permits using Melrose Drive
south of Palomar Airport Road.
Mr. Johnson replied that Melrose Drive is not designated as a truck route but can
be used as a haul route. He further stated that El Fuerte Street is not designated
as a truck route but can also be used as a haul route for construction traffic.
Mayor Pro Tem Hall asked Mr. Johnson what the time limit was on the haul route
permits issued for El Fuerte Street.
Mr. Johnson replied that one permit was issued for several weeks and one ended in
mid-September.
In a response to an inquiry from Mayor Pro Tem Hall, Mr. Johnson explained that
an extension to a permit could always be requested. He also said that additional
haul route permits could be issued during this time. Mayor Pro Tem Hall confirmed
with staff that Melrose Drive is scheduled to open on August 16, 2006.
Council Member Packard asked if there were plans to determine the speed limit on
the new section of Melrose Drive.
Mr. Johnson answered that once the road is opened, an engineering and traffic
survey will be conducted. He further stated the survey would be presented to the
Traffic Safety Commission who would then make a recommendation to the City
Council for adoption of an Ordinance.
In a response to an inquiry from Council Member Packard, Mr. Johnson explained
that posting a speed limit without a traffic study is contrary to what is required in
the California Vehicle Code. He explained that drivers are expected to comply with
"the premise of basic speed law" regardless of the posted speed limit.
Council Member Kulchin asked what the speed limit was on El Fuerte Street.
August 1, 2006 Carlsbad City Council Meeting Page 5
Mr. Johnson replied that according to state law, the maximum speed limit on a two-
lane roadway is 55 miles per hour unless a prima facie speed limit has been
established.
Mayor Lewis asked how the Police Department would be able to issue citations to
vehicles traveling on Melrose with no posted speed limit.
Lieutenant Kelly Cain responded that where no sign is posted the law reverts to
California Prima Facie Law. He also explained that if there is no sign on a
highway indicating the speed, the speed is determined by reverting back to the
design of the highway.
Mayor Lewis asked if El Fuerte Street could withstand truck traffic.
Mr. Johnson explained that El Fuerte Street was constructed as a secondary
arterial on the circulation element and does have a stronger structural section than
a residential road.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-219. conditionally accepting the
construction of Melrose Drive from Palomar Airport Road to
the City's northerly boundary as substantially complete, CT
99-06, Drawing No. 399-4c.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
7. AB #18.676 - PARKING LEASE AGREEMENT.
Michele Levy, 3021 Highland, Carlsbad, came forward to address Council. Ms.
Levy expressed concerns relating to the use of the city-owned building, formerly
known as the Farmer's Insurance building.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2006-220. approving a one year
Parking Lease Agreement between the City of Carlsbad
and Wells Fargo Credit Group for a portion of the property
located at 5815 El Camino Real.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
August 1,2006 Carlsbad City Council Meeting Page6
ORDINANCES FOR ADOPTION:
9. AB #18.678 - REGULATION OF SPECIAL EVENTS.
City Attorney Ron Ball titled the Ordinance.
ACTION: On motion by Mayor Pro Tern Hall, Council adopted
ORDINANCE NS-811. as amended repealing Chapter 8.17 of the
Carlsbad Municipal Code regulating Special Events and
adopting the new Chapter 8.17 of the Carlsbad Municipal
Code, amending Chapter 21.41 regulating Special Event signs, and
amending Chapter 1.08 making certain violations, such as holding
Special Events without a permit, interfering with a Special Event, or
carrying potential weapons at a Special Event, misdemeanors.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
10. AB #18.679 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted
ORDINANCE 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.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
11. AB #18.680 - REPEAL CARLSBAD MUNICIPAL CODE CHAPTER 5.60.
City Attorney Ron Ball titled the Ordinance.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted
ORDINANCE NS-814. repealing in its entirety, Carlsbad Municipal
Code Chapter 5.60 regulating insurance requirements for special
events.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
PUBLIC COMMENT:
Julie Nygaard, 3405 Spanish Way, spoke on behalf of the Agricultural Mitigation
Committee. She announced the City's Mitigation Grant Program was now taking
applications and there is approximately $6 million available to fund agricultural, coastal
August 1, 2006 Carlsbad City Council Meeting Page 7
and wetland related projects. Ms. Nygaard stated projects will be evaluated on merit
and awarded by City Council.
Michele Levy, 3021 Highland, addressed Council requesting information relating to
streets that had been scheduled for pavement overlay.
Laura Means Pope, 2656 D. Village Circle, Carlsbad, came forward thanking Council
for appointing her to the Citizen's Committee. She offered the services of the sub-
committee to assist with the analysis of the two ballot measures that will be placed on
the November ballot.
PUBLIC HEARING:
12. AB #18.681 - VILLAGES OF LA COSTA NEIGHBORHOOD 1.07.
Assistant Planner Corey Funk presented the staff report and provided a PowerPoint
presentation on this project (on file in the Office of the City Clerk).
Mayor Pro Tem Hall confirmed with staff that the empty space between the project
and Poinsettia is a school site.
Council Member Kulchin asked for clarification regarding construction of the
common recreation area.
Mr. Funk stated a condition of approval and requirement of the master plan
required the developer to begin construction of the recreation area before
beginning construction of the homes.
In response to an inquiry from Council Member Packard, Mr. Funk replied two
entrance points to the school are planned, however, neither use Poinsettia.
Mr. Jack Henthorn, 5364 Avenida Encinas, Suite A, Carlsbad, representing
KHovnanian Homes, provided a PowerPoint presentation on the development (not
on file in the Office of the City Clerk).
Mayor Lewis opened the duly noticed Public Hearing at 6:55 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6.55
p.m.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2006-222. approving a major planned
development permit amendment PUD 04-13(A) for Villages
of La Costa Greens.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
August 1, 2006 Carlsbad City Council Meeting Page 8
ADJOURNMENT TO THE SPECIAL MEETING OF CARLSBAD PUBLIC FINANCING
AUTHORITY
Mayor Lewis adjourned to the Special Meeting of Carlsbad Public Financing Authority
Meeting at 6:56 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of Carlsbad Public Financing Authority
Meeting at 6:57 p.m. with five Council Members present.
RECESS:
Mayor Lewis declared a recess at 6:57 p.m. Council reconvened at 7:03 p.m. with five
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #18.682 - GENERAL MUNICIPAL ELECTION NOVEMBER 7. 2006.
Principal Planner Gary Barberio presented the staff report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk). Mr. Barberio
provided a history on the two citizen's initiatives submitted to the City and the City's
proposed measure.
City Consultant Michael Holzmiller provided a detailed review of the proposed
Council-sponsored ballot measure.
Mr. Holzmiller reported that all of the recommendations made by the Citizen's
Committee had been incorporated into the proposed measure as directed by
Council.
Mr. Holzmiller explained that the SDG&E property, the area north of Cannon Road
and South of Agua Hedionda Lagoon, has an existing Coastal Plan approved by
the City and California Coastal Commission which designates the area for open
space. He said that currently the property owner or applicant can apply to change
this designation. Mr. Holzmiller further explained that the portion of the ballot
measure that addresses this property, if approved by the voters, would not permit a
zoning change to occur.
Mr. Holzmiller added the measure specifically prohibits residential development in
the area.
Mr. Holzmiller explained that in addition to supporting and promoting continued
farming or agricultural use as long as is viable, the measure also enhances the
opportunity to provide public accessibility to the area with possible active and
passive recreation uses.
August 1, 2006 Carlsbad City Council Meeting Page 9
Mr. Holzmiller also stated the proposed ballot measure provides for a
comprehensive planning process with significant citizen input to determine
appropriate open space uses for the area.
Council Member Packard asked if staff included language or terminology that
was suggested by SDG&E and their representatives.
City Attorney Ron Ball stated he felt the land owner should be present to discuss
the requested changes. He further added that staff had not made any changes,
and that any changes would need to be determined by Council.
Mayor Lewis expressed concerns that the letter recently submitted to the City by
SDG&E (on file in the Office of the City Clerk) requesting modifications to the
proposed ballot measure had not been submitted to the Citizen's Committee for
review.
In response to a request from Mayor Pro Tem Hall, Mr. Holzmiller reviewed Section
3.4 of the proposed ballot measure, stating the Section changes the agricultural
open space priority system in the General Plan from a 5 to a 1 for this area. Mr.
Holzmiller explained agriculture is considered transitional, does not have a
permanent designation in the General Plan, and is given a number five priority. He
added that Section 3.4 of the proposed ballot measure would change the priority to
number one, reflecting that in this area agriculture use is considered to be a high
priority.
Mayor Pro Tem Hall stated that if Council agreed with this Section as suggested by
Committee Member Kip McBane, it needed to be incorporated into the measure.
In response to a request from Mayor Lewis, Mr. Barberio reviewed the map
showing certain specific assessor's parcel numbers submitted by the Concerned
Citizen's Group as a part of their initiative. Mr. Barberio further explained the
exhibits referenced in the text of the initiative cover an area that is different than
that of the assessor's parcel numbers.
Mr. Barberio stated that the City Council's proposed ballot measure covers a
slightly different area than the two areas reflected on the Concerned Citizen's
initiative. He added the Council's proposed ballot measure stays on the north side
of Cannon Road.
City Clerk Lorraine Wood commented that the City is required to place exactly what
was submitted by the Concerned Citizen's Group in the ballot book.
Mayor Lewis reiterated his concern about voters understanding the maps showing
the areas involved in the Concerned Citizen's initiative.
Mr. Barberio stated that the 9212 Report indicated the conflict between the text of
the Concerned Citizen's initiative and the exhibits that are part of the initiative.
August 1, 2006 Carlsbad City Council Meeting Page 10
The Mayor asked City Attorney Ball if the City would be responsible for both areas
if the Citizen's initiative was approved.
Mr. Ball explained that Council would have to sort out subsequent legislation to
determine what the intent was of the voters.
Dustin Johnston, 3981 Garfield #B, Carlsbad, came forward to address Council.
Mr. Johnston spoke of the benefits of farming and requested Council change the
title of the proposed ballot measure.
Claudia Carrillo, representing San Diego Gas and Electric (SDG&E), 833 Century
Park, San Diego, encouraged Council to write its measure in such a manner that it
eliminates any future potential litigation. She reminded Council that SDG&E sent a
letter to the City Attorney's Office with suggested changes to the ballot measure.
Ms. Carrillo stated that comments had been submitted to the Citizen's Committee
on the original draft language; however, because it was not privy to the new
language, SDG&E was now making additional comments.
Ms. Carrillo stated that SDG&E's legal department has questions regarding certain
aspects of this plan and representatives could not be present at this meeting to
discuss the concerns.
Mayor Lewis stated he would like this issue resolved before Council makes its final
decision on the language.
Mr. Ball stated he would prefer that SDG&E's legal representatives make their
requests to the City Council.
Hope Wrisley, 4847 Flying Cloud Lane, Carlsbad, addressed Council stating she
felt it was not worth eliminating future parks, and a swimming pool to pay for the
strawberry fields.
Mayor Lewis stated some of the Council Members requested postponing a title for
the measure at this time. Mayor Lewis also stated that he and Mayor Pro Tern Hall
would write the arguments in favor of the ballot measure.
Council Member Packard asked if the Citizen's Committee had considered Mr.
McBane's proposal to change the agricultural designation priority.
Mr. Barberio explained that Mr. McBane's recommendation was included in the
minority report matrix, but was not voted on by the full Committee.
Mayor Pro Tern Hall stated he would like to continue the matter to next week to
further review the additional recommendations by Mr. McBane and SDG&E.
In response to an inquiry from Council Member Kulchin, City Clerk Lorriane Wood
replied that all ballot measure documents needed to be delivered to the Registrar of
Voters by 5:00 p.m., on August 11, 2006. She added she would need to have
camera-ready work on Wednesday, August 9, 2006.
August 1, 2006 Carlsbad City Council Meeting Page 11
Mrs. Kulchin suggested that Council act on some of the resolutions tonight.
The Clerk suggested that Council act on Resolution Nos. 2006-225, 2006-226 and
2006-227 which do not reflect any text of the ballot measure.
Council concurred to continue Resolution Nos. 2006-224 and 2006-228.
ACTION: On motion by Mayor Pro Tem Hall, Council adopted RESOLUTION
NO. 2006-225. authorizing certain Council Members to file a written
argument regarding a city measure; and,
RESOLUTION NO. 2006-226. directing the City Attorney to
prepare an impartial analysis of a city measure; and,
RESOLUTION NO. 2006-227 providing for the filing of rebuttal
arguments for city measures submitted at municipal elections.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
14. AB #18.683 - REQUEST FOR DONATION.
Leland Peneku, 3635 Contra Place, Carlsbad, Carlsbad Softball Association
League President, stated the girl's softball team had been asked to participate in
the ASA Western Nationals and is one of two teams representing North County.
Mr. Peneku stated the team is attempting to raise approximately $17,000 through
fundraisers and vendor sponsorship.
Mr. Peneku requested that Council consider a financial contribution to the team.
Mayor Pro Tem Hall suggested and Council concurred to match the amount of
money raised by the team in support of the participation in the National event, not
to exceed $8,500.
Mayor Pro Tem Hall requested a representative from the Carlsbad Softball
Association return to Council at a later date with the exact total of funds raised.
ACTION: On motion by Mayor Pro Tem Hall, Council concurred to
match half of the amount raised by the Carlsbad Softball
Association not to exceed $8,500.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
August 1, 2006 Carlsbad City Council Meeting Page 12
15. AB #18.684 - COMMUNITY TELEVISION FOUNDATION APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION
NO. 2006-228 appointing William "Scott" Pierrat to the
Community Television Foundation.
AYES: Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: 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.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of August 1, 2006 was adjourned at 8:18 p.m.
'LORRAN^E M. WOOD, CMC
City Clerl
Sherry Freisinger
Administrative Secretary