HomeMy WebLinkAbout2006-09-12; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 12, 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 July 25, 2006.
Minutes of the Regular Meeting held July 25, 2006.
Minutes of the Special Meeting held August 1, 2006.
Minutes of the Regular Meeting held August 1, 2006.
Minutes of the Special Meeting held August 8, 2006.
Minutes of the Regular Meeting held August 8, 2006.
Minutes of the Special Meeting held August 15, 2006.
Minutes of the Regular Meeting held August 15, 2006.
Minutes of the Special Meeting held August 16, 2006.
Minutes of the Special Meeting held August 21, 2006.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Victoria Nihiser of the Santa Margarita
Chapter of the Daughters of the Revolution in recognition of Constitution Week,
September 17-23, 2006.
Mayor Lewis presented a Proclamation to Reserve Police Officer Tom Georgi in
recognition of his 21 years of volunteer service to the City of Carlsbad.
CONSENT CALENDAR:
Item No. 10 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #1 through #9 and #11 through #17
as follows:
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
September 12, 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 #18.706 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on City investments as of July 31,
2006.
2. AB #18.707 - SALE OF CITY OWNED REAL PROPERTY.
Council adopted RESOLUTION NO. 2006-255. authorizing the marketing for
sale to the public of the City owned real property located at 4120 Skyline Drive,
Carlsbad, California.
3. AB #18.708 - ACCEPTANCE OF GRANT FUNDS.
Council adopted RESOLUTION NO. 2006-256. accepting the grant from the
California Library Literacy Service, and appropriating the funds to the Library's
Adult Learning Program general fund account to be expended in fiscal year
2006-07.
4. AB #18.709 - STREET VACATION.
Council adopted RESOLUTION NO. 2006-257. summarily vacating Whitney
Place, STV 05-04.
5. AB #18.710 - STREET VACATION.
Council adopted RESOLUTION NO. 2006-258. summarily vacating a portion of
Allysum Road, STV 06-03.
6. AB #18.711 - MODIFICATION OF HEALTH BENEFITS.
Council adopted RESOLUTION NO. 2006-259. modifying the Health Benefits
provision of the Management Compensation and Benefits Plan.
7. AB #18.712 - HOUSING ELEMENT UPDATE.
Council adopted RESOLUTION NO. 2006-260. authorizing the Planning
Director to submit the Housing Element update to the Sate of California Housing
and Community Development Department for certification, GPA 03-02.
8. AB #18.713 - NOTICES OF COMPLETION.
Council adopted RESOLUTION NO. 2006-261. accepting Zamborelli
Enterprises, Inc.'s, construction contract on the Rancho Santa Fe Road fill
failure at Agua Dulce Project, City of Carlsbad Project No. 1001 (FHWA Project
No. KJK-CBD-001-1); Zamborelli Enterprises, Inc.'s, construction contract on La
Costa Avenue at Marbella Project, City of Carlsbad Project No. 1002 (FHWA
Project No. KJK-CBD-002-0); and Erreca's Inc.'s, construction contract on the
La Costa Avenue at Marbella Project, City of Carlsbad Project No. 1002 (FHWA
Project No. KJK-CBD-002-0).
September 12, 2006 Carlsbad City Council Meeting Page 3
9. AB #18.714 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2006-262. accepting bids and awarding the
contract to American Asphalt South, Inc., for the construction of the 2006 Slurry
Seal Project, Project No. 3667-12.
10. AB #18.715 - AWARD OF CONTRACT.
This item was pulled for discussion.
11. AB #18.716 - SETTLEMENT OF CLAIM.
Council reported out the terms and conditions of the settlement, as required by
the Brown Act, regarding the lease with the Children's Discovery Museum of
North San Diego County.
12. AB #18.717- REGIONAL BEACH SAND PROJECT.
Council adopted RESOLUTION NO. 2006-264. authorizing participation with the
San Diego Association of Governments (SANDAG), representing the region's
coastal cities, in support of the implementation of a Regional Beach Sand
Project.
13. AB #18.718 - APPLICATION FOR AGRICULTURE CONVERSION MITIGATION
FUNDS.
Council adopted RESOLUTION NO. 2006-265. authorizing the Carlsbad Beach
Preservation Committee to apply for Agriculture Conversion Mitigation Funds for
the implementation of a local beach nourishment project.
14. AB #18.719 - CONSULTANT AGREEMENT.
Council adopted RESOLUTION NO. 2006-266. approving a consultant
agreement with Boyle Engineering Corporation for Engineering and
Environmental Services for the widening of Avenida Encinas, and appropriating
funds, Project No. 6004.
15. AB #18.720 - CONTINUATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2006-267. 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
16. AB #18.721 - REIMBURSEMENT AGREEMENT.
Council adopted RESOLUTION NO. 2006-268. authorizing the appropriation of
funds and processing a reimbursement payment to Continental Residential,
Inc., for Rancho Santa Fe Road South Improvements, CT 90-03.
17. AB #18.722 - ESTABLISH A NEW CLASSIFICATION.
Council adopted RESOLUTION NO. 2006-269. establishing the new
classification of Junior Planner, establishing a Planner Series Matrix, and
amending the General Employees' Salary Schedule.
September 12, 2006 Carlsbad City Council Meeting Page 4
DISCUSSION OF CONSENT CALENDAR ITEM:
10. AB #18.715 - AWARD OF CONTRACT.
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms.
Levy expressed concerns relating to how city streets are selected for repairs.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-263. accepting bids and awarding the
contract to Hardy & Harper Inc., for citywide patch and repair work,
Contract No. PWS06-29STS, Project No. PWGS199.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
ORDINANCE FOR INTRODUCTION:
18.AB #18.723 - ESTABLISH A STOP CONTROL.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-815. amending Title 10, Chapter 10.28 of
the Carlsbad Municipal Code by the addition of Section 10.28.860
to require a stop on Geranium Street at its intersection with
Mimosa Drive.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
PUBLIC COMMENT:
William Garcia, a Carlsbad resident, came forward to address Council. Mr. Garcia
expressed concerns relating to the structural stability and building code violations of an
apartment community in Carlsbad located near Hosp Way and El Camino Real.
The following individuals came forward to address Council and requested that Haul
Route Permits no longer be issued for El Fuerte Street:
• Jim Hensley, 2841 Esturion Street, Carlsbad.
• Mary Sarnecky, 2856 Cacatua Street, Carlsbad.
• Bob Lattin, 2848 Cacatua Street, Carlsbad.
Glenn Bernard, Candidate for Mayor, 3520 Avondale Circle, came forward to address
Council. Mr. Bernard expressed his appreciation for former Presidents Coolidge and
Truman. Mr. Bernard also spoke in support of term limits for elected officials.
September 12, 2006 Carlsbad City Council Meeting Page 5
PUBLIC HEARING:
19. AB #18.724 - CARLTAS MEDICAL OFFICE.
Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mayor Lewis requested that the applicant come forward.
Eric Munoz, Hofman Planning Associates, 1500 Pasteur Court, Carlsbad, came
forward to address Council. Mr. Munoz thanked staff for their work and requested that
Council approve the project.
John White, 5600 Avenida Encinas, Carlsbad, stated that the proposed medical offices
will serve a great need in Carlsbad.
Mayor Lewis opened the duly noticed Public Hearing at 6:43 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:43 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-816, approving the Villages of La Costa
Master Plan Amendment to change the Land Use and Zoning
Designations of Village 1.1 from Planned Industrial to Office on
property generally located on the east side of El Camino Real
between Town Garden Land and Camino Vida Roble in Local
Facilities Management Zone 10; and,
Adopted RESOLUTION NO. 2006-270. adopting a Negative
Declaration and approving a General Plan Amendment to change
the Land Use and Open Space and Conservation Element from
Planned Industrial (PI) to Office (O) on property located on the
east side of El Camino Real between Town Garden Lane and
Camino Vida Roble in Local Facilities Management Zone 10.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF CARLSBAD CITY
COUNCIL. MUNICIPAL WATER DISTRICT. HOUSING AND REDEVELOPMENT
COMMISSION AND PUBLIC FINANCING AUTHORITY
September 12, 2006 Carlsbad City Council Meeting Page 6
Mayor Lewis adjourned to the Joint Special Meeting of the Carlsbad City Council, Municipal
Water District, Housing and Redevelopment Commission and Public Financing Authority at
6:44 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Joint Special Meeting of Carlsbad City Council, Municipal Water
District, Housing and Redevelopment Commission and Public Financing Authority Meeting at
6:45 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORT:
21. AB #18.726-REIMBURSEMENT AGREEMENT.
Senior Civil Engineer Marshall Plantz presented the staff report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Packard, Mr. Plantz explained that the
project will be ready to go to bid soon and that the construction cycle will take
approximately 10 months.
Council Member Sigafoose confirmed with staff that the City has an established
procedure regarding the bid process.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-272. approving reimbursement
agreements with the Olivenhain Municipal Water District (OMWD)
and the City of Encinitas for the widening of Olivenhain Road and
Rancho Santa Fe Road, Project No. 3860.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
PUBLIC COMMENT:
Terri Hueners, 2082 Lee Ct., Carlsbad, expressed concerns relating to the potential
costs to the City if Proposition E were to pass in November.
Council Member Packard suggested that the citizens of Carlsbad review the potential
impacts of Proposition 90 and Proposition E.
Greg Agosti, 4730 Edinburgh Drive, Carlsbad, came forward to address Council. Mr.
Agosti, speaking on behalf of the Colony Homeowners, stated that they do not oppose
the Robertson Ranch application and the Robertson family's right to develop their
property. He stated that the concerns expressed by the homeowners relate to safety
and increased traffic in the neighborhood.
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms.
Levy spoke in opposition to Proposition D.
Joe Charest, 3347 Del Rio Ct., Carlsbad, spoke in opposition to Proposition E, stating
that the fiscal and financial impacts to the City would be negative.
September 12, 2006 Carlsbad City Council Meeting Page 7
Farrah Douglas, 2914 Carrillo Way, Carlsbad, also spoke in opposition of Proposition E.
Laura Means Pope, 3656 D Village Circle, Carlsbad, came forward to address Council.
Reading from a letter (on file in the Office of the City Clerk), she also spoke in
opposition to Proposition E and encouraged the citizens of Carlsbad to study the
impacts of Proposition E.
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 in the following events:
Thursday, September 14, 2006 - 5:00 p.m.
Carlsbad Citizens' Academy
Carlsbad City Hall
Council Chambers
1200 Carlsbad Village Drive
Carlsbad, California
Friday, September 15, 2006 - 6:00 p.m.
Carlsbad Boards and Commissions Appreciation Event
2100 Costa Del Mar Road
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of September 12, 2006 was adjourned at 7:15
p.m.
LORRAINE M. WOOD, CM
City Clerk
Sheila R. Cobian
Deputy City Clerk