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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