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HomeMy WebLinkAbout2006-08-08; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 8,2006 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 July 18, 2006. Minutes of the Regular Meeting held July 18,2006. Minutes of the Special Meeting held July 19, 2006. PRESENTATIONS: Mayor Lewis presented a caricature drawing to retired Police Officer Peter Lopez. Greg Koran presented a plaque to Mr. Lopez on behalf of the Carlsbad Police Officer's Association in recognition of his 30 years of service to the City of Carlsbad. CONSENT CALENDAR: Item No. 2 was pulled for discussion. ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Item #1 as follows: Lewis, Hall, Kulchin, Packard and Sigafoose. None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. August 8,2006 Carlsbad City Council Meeting Page 2 1. AB #18.685 - SETTLEMENT OF CLAIM. Council adopted RESOLUTION NO. 2006-230. authorizing the expenditure of funds for settlement of the workers' compensation claim of Paul Steusel. DISCUSSION OF CONSENT CALENDAR ITEM: 2. AB #18.686 - REPORT ON CITY INVESTMENTS. Recently appointed City Treasurer Harold "Mac" McSherry came forward to address Council. Mr. McSherry thanked Council for the opportunity to serve as City Treasurer and also commented that his predecessor, Mr. Jim Stanton, had done an outstanding job. ACTION: On a motion by Mayor Pro Tern Hall, Council accepted the City Treasurer's Report on City investments as of June 30, 2006. Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. PUBLIC COMMENT: Michele Levy, 3021 Highland Drive, came forward to address Council. Ms. Levy requested that City staff provide her with a list of streets that were scheduled for pavement overlay in Fiscal Year 03/04. Fred Sandquist, President of the Batiquitos Lagoon Foundation, 6408 Crossbill Court, came forward to address Council. Mr. Sandquist presented each of the Council members with a calendar containing photos of various birds at the Batiquitos Lagoon. Mr. Sandquist stated that the calendars are available for purchase through the Foundation by calling 760-632-8382 or by visiting their website at www.batiquitosfoundation.org. Dustin Johnston, 3981 Garfield, #B, requested that the Council delete the words "permanently protect" from the title of the proposed Council sponsored ballot measure. Claudia Carrillo, Public Affairs Manager for SDG&E, 8330 Century Park Ct., San Diego, came forward to address Council. Ms. Carrillo stated that SDG&E is offering programs to assist low-income families with their energy bills. Mayor Lewis commented that the City of Carlsbad's annual survey is scheduled to start within the week and should be completed by the end of August. August 8,2006 Carlsbad City Council Meeting Page 3 PUBLIC HEARING: 3. AB #18.687 - COST ASSESSMENTS FOR WEED ABATEMENT. Fire Marshal Karyn Vaudreil presented the staff report. Mayor Lewis opened the duly noticed Public Hearing at 6:27 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:27 p.m. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-231. confirming the cost assessments for weed abatement on eight (8) parcels in the city and providing for collection on the property tax bills. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. This item was continued from the Council Meeting of August 1,2006. 4. 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 reviewed the following recommended changes to the proposed Council sponsored ballot measure: Recommended Changes requested bv Committee Member Kip McBane 1. Add a new Section 3.4 to the Ballot Measure to read as follows: The Open Space and Conservation Element at page 16, Section F. Citywkte Open Space Plan, Category 2: Open Space for Managed Production of Resources, Forestry/Agriculture/Aquaculture (2a), is hereby amended by changing the wording of the first sentence to read as follows: Forestry, agriculture and aquaculture are considered a category 5 citywide priority for future open space planning except that agricultural uses in the Cannon Road Open Space, Fanning and Public Use Corridor shall be considered a category 1 priority. August 8,2006 Carlsbad City Council Meeting Page 4 Recommended Changes requested bv SDG&E 1. At the end of item B.4 of paragraph 3.3 add: "in coordination with landowners" 2. In item B.5 of paragraph 3.3 add: The word "compatible" before the words "public trails" 3. Add the following at the end of Item C.8 in paragraph 3.3: "... and may include reconfiguration of the 48 acre parcel currently designated as TR (Travel/Recreation Commercial use) located adjacent to the Cannon Road Open Space, Farming and Public Use Corridor, so long as the City Council can make the findings required in paragraph C.20 of the Open Space and Conservation Element of the General Plan such that the proposed open space area within the Cannon Road Open Space, Farming and Public Use Corridor, is equal to or greater than the area depicted on the official Open Space and Conservation Map and that the proposed open space is of environmental quality equal to or greater than that depicted on the official Open Space and Conservation Map". Dustin Johnston, 3981 Garfield Street, #B, Carlsbad, came forward to address Council. Mr. Johnston reviewed a PowerPoint presentation (not on file in the Office of the City Clerk). Mr. Johnston expressed concerns relating to the potential vulnerability of the strawberry fields in the event the Council sponsored ballot measure were to pass. He stated that the definition of Open Space as defined in the ballot measure would allow for a broad scope of allowable uses on the property. Mr. Johnston also stated that the commercial overlay zone that runs south in the Ponto area and that covers a portion of the strawberry fields will allow commercial serving uses such as hotels, timeshares, gas stations, restaurants, coffee shops, meeting rooms, assembly rooms, individual retail gift shops and museums. He requested that the overlay zone be abolished as it would be in the "Save the Strawberry and Flower Growing Fields Act of 2006". Robert Rickert, representing the San Diego County Sierra Club Land Use Committee, 225 Ridge Terrace, Carlsbad, came forward to address Council. Mr. Rickert also expressed concerns relating to the various allowable uses under the term Open Space in the City of Carlsbad. Mr. Rickert commented that the Negative Declaration prepared in relation to the Council proposed ballot measure did not address many potential significant impacts. In closing, he suggested that the City adopt a conventional definition of open space. Dee Ann Gee, 2727 Spokane Way, Carlsbad, commented that the Council sponsored ballot measure is not supportive of natural open space. August 8,2006 Carlsbad City Council Meeting Page 5 Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council. Mr. Alvarez speculated that the property owners are encouraging the Council's proposed ballot measure. Michele Levy, 3021 Highland Drive, Carlsbad, expressed concerns relating to the tax dollars spent on the purchase of the building formerly known as the Farmers Insurance building. Gina McBride, 7530 Jerez Ct., Carlsbad, thanked the Council for the opportunity to serve on the Citizen's Committee that studied the "Save the Strawberry and Flower Growing Fields Act of 2006" initiative and the Council sponsored ballot measure. Ms. McBride reiterated her support for Council to place their measure on the November ballot. Mitch Mitchell, 8330 Century Park Ct., San Diego, came forward to address Council on behalf of SDG&E. Mr. Mitchell stated that the best use of the land will be a use that benefits the citizens and visitors of Carlsbad. He also commented that SDG&E will continue to work with the City in a manner beneficial to all concerned parties. Joe Charest, 3347 Del Rio Ct., Carlsbad, urged the City Council to place their measure on the November ballot. Mr. Charest further stated that it is important for the citizens to fully understand the impacts of the "Save the Strawberry and Flower Growing Fields Act of 2006" initiative. Mark Winkler, 7020 Gardenia Ct., Carlsbad, thanked the Council for allowing him to serve on the Citizen's Committee and also urged them to place their measure on the November ballot. He commented that the Council's ballot measure is the best choice for the citizens of Carlsbad. Marie Lewis, Legal Counsel for SDG&E, 8335 Century Park Ct., San Diego, came forward to address Council. Ms. Lewis stated that the enactment of the "Save the Strawberry and Flower Growing Fields Act of 2006" initiative is inconsistent with the Land Use Plan and would cause litigation. Ms. Lewis requested that the Council consider amending the proposed ballot measure to include the recommended language submitted by SDG&E. She concluded by thanking the Council for their willingness to work with SDG&E. Kasey Cinciarelli, 2727 Lyons Ct., Carlsbad, expressed concerns relating to the City's vague definition of open space. Ms. Cinciarelli also voiced her concerns relating to the validity of the Mitigated Negative Declaration prepared for the proposed Council sponsored ballot measure. In response to an inquiry from Council Member Packard, Consultant Michael Holzmiller explained that Council's proposed ballot measure was determined not to have any significant adverse environmental impacts since it proposes to retain the area in open space and follows the City's Growth Management Plan. He further Augusts, 2006 Carlsbad City Council Meeting Paged explained that any proposed development in the subject area would require environmental review as required by CEQA. Council Member Sigafoose confirmed with staff that the term open space limits the types of uses permitted on the property. In response to an inquiry from Council, Mr. Holzmiller confirmed that the proposed Council sponsored ballot measure is consistent with the Agua Hedionda Lagoon Plan. Council Member Sigafoose requested clarification regarding the commercial overlay zone in the area. Mr. Holzmiller explained that the commercial overlay zone was created when the Legoland and Carlsbad Ranch projects were approved. He further clarified that the overlay zone would apply only if the parcel was initially designated commercial. City Attorney Ron Ball explained that the overlay zone does not change the underlying zoning of the property. Mayor Lewis questioned if the Citizen's Committee had the opportunity to review Mr. McBane's suggested language modification to the proposed ballot measure. Laura Pope, a member of the Committee, came forward and explained that although the topic was not reviewed as something to add, she did not have an objection to having the language incorporated into the ballot measure. Council concurred to add Mr. McBane's suggested language to the proposed ballot measure. ACTION: On a motion by Council Member Kulchin, Council approved the title "Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money" for the Council sponsored ballot measure. Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. Council discussion ensued regarding the language modifications requested by SDG&E. Council concurred to modify the language of the ballot measure to include the following two suggestions: 1. At the end of item B.4 of paragraph 3.3 add: "in coordination with landowners" 2. In item B.5 of paragraph 3.3 add: The word "compatible" before the words "public trails" August 8, 2006 Carlsbad City Council Meeting Page 7 Mayor Lewis stated that he would not support SDG&E's third suggested modification relating to the reconfiguration of the 48 developable acres. He further stated that he felt the topic should have been addressed by the Citizen's Committee. ACTION; On a motion by Mayor Pro Tern Hall, Council rejected SDG&E's request to add the following at the end of Item C.8 in paragraph 3.3 of the proposed ballot measure:"... and may include reconfiguration of the 48 acre parcel currently designated as TR (Travel/Recreation Commercial use) located adjacent to the Cannon Road Open Space, Farming and Public Use Corridor, so long as the City Council can make the findings required in paragraph C.20 of the Open Space and Conservation Element of the General Plan such that the proposed open space area within the Cannon Road Open Space, Farming and Public Use Corridor, is equal to or greater than the area depicted on the official Open Space and Conservation Map and that the proposed open space is of environmental quality equal to or greater than that depicted on the official Open Space and Conservation Map". AYES: Lewis, Hall and Sigafoose. NOES: Kulchin and Packard. Council discussion ensued regarding their appreciation for the hard work of staff and the Citizen's Committee. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-223. as amended, ordering the submission of the "Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money" Measure to the qualified electors of the City of Carlsbad at the General Election to be held on Tuesday, November 7,2006; and, Adopted RESOLUTION NO. 2006-224. as amended, adopting a Negative Declaration and Addendum for a City sponsored ballot measure entitled "Preserve the Flower and Strawberry Fields and Save Carlsbad Taxpayers' Money" to be placed on the General Municipal Election of November 7, 2006. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. RECESS: Mayor Lewis declared a recess at 8:08 p.m. Council reconvened at 8:14 p.m., with five Council Members present. August 8,2006 Carlsbad City Council Meeting Page 8 5. AB #18.688 - REQUEST FOR DONATION. Senior Management Analyst Joe Garuba presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Garuba reviewed the funding and "in-kind" services requested by the ArtSplash Committee. Mr. Garuba also explained that to approve the donation requested by ArtSplash, Council would need to approve an exemption from Council Policy 51. Mr. Garuba further clarified that ArtSplash would require the exemption since the event had previously received three years of funding assistance. In response to an inquiry from Council Member Kulchin, Mr. Garuba confirmed that the ArtSplash Committee had withdrawn its request for the following "in kind" services due to donations received from other sources: • Paramedic Services • Video Production • Slurry Seal Mr. Garuba stated that the "in-kind" services being requested would now be valued at about $9,000 rather than the $15,000. Joni Miringoff, ArtSplash Committee Chairperson, came forward to review a PowerPoint Presentation (on file in the Office of the City Clerk). Ms. Miringoff requested that the Council consider approving the Committee's request valued at $29,000 ($20,000 cash donation and $9,000 "in-kind" service donation). Council discussion ensued regarding their support for ArtSplash and the value brought to the City as a result of the event. ACTION: On a minute motion by Mayor Pro Tern Hall, Council approved the exemption from Council Policy 51 and approved the $20,000 cash and $9,000 "in-kind" service donation to assist with funding the ArtSplash event scheduled for September 23 and 24, 2006. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 6. AB #18.689 - DESIGN REVIEW BOARD APPOINTMENTS. ' ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2006-232. appointing Darren Hamilton to the Design Review Board; and, Adopted RESOLUTION NO. 2006-233. re-appointing Mike Schumacher to the Design Review Board; and, August 8,2006 Carlsbad City Council Meeting Page 9 Adopted RESOLUTION NO. 2006-234. re-appointing Courtney Heineman to the Design Review Board. AYES: Lewis, Kulchin and Packard. NOES: Hall and Sigafoose. 7. AB #18.690 - BEACH PRESERVATION COMMITTEE APPOINTMENTS. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2006-235. appointing Bill Gelfound to the Beach Preservation Committee; and, Adopted RESOLUTION NO. 2006-236. appointing Matt Rocco to the Beach Preservation Committee. AYES: Lewis, Hall, Kulchin, Packard and 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 8, 2006 was adjourned at 8:36 p.m. City Clerk Sheila Cobian Deputy City Clerk