HomeMy WebLinkAbout2006-09-26; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 26, 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 Assistant City Clerk, as follows:
Present: Lewis, Hall, Kulchin, Packard and Sigafoose.
Absent: None.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Item Nos. 1 through 6 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 #18.738 - DISADVANTAGED BUSINESS ENTERPRISE (QBE) PROGRAM.
Council adopted RESOLUTION NO. 2006-281. approving the DBE Race-
Neutral Implementation Agreement for Local Agencies Exhibit 9-A, which
supercedes the existing DBE Program in City Council Policy Statement No. 67;
and,
Council adopted RESOLUTION NO. 2006-282. designating the Public Works
Director as the signature authority for the City of Carlsbad's DBE Annual
Submittal Form Exhibit 9-B.
2. AB #18.739 - TRANSFER OF FUNDS.
Council adopted RESOLUTION NO. 2006-283. authorizing the transfer of
Council Contingency funds to fund the Technology Associates International
Corporation (TAIC) agreement for biological services for one year.
3. AB #18.740 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on City investments as of August
31,2006.
September 26, 2006 Carlsbad City Council Meeting Page 2
4. AB #18.741 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2006-284. accepting HMS Construction,
Inc.'s, construction of the El Camino Real Traffic Signal Improvements at Hosp
Way, Marron Road, and Plaza Drive as complete, and directing the City Clerk to
record the Notice of Completion for Project No. 3899-1.
5. AB #18.742 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2006-285. accepting Orion Construction
Corporation's construction of the North Batiquitos Interceptor, Reach 6 (Sea
Cliff Sewer) Access Hole Replacements as complete, and directing the City
Clerk to record the Notice of Completion for Project No. 9001-1.
6. AB #18.743 - APPROPRIATE ADDITIONAL FUNDS.
Council adopted RESOLUTION NO. 2006-286. appropriating additional funds
from the General Fund to complete the 2005 winter storm emergency repairs at
Agua Dulce Court.
PUBLIC COMMENT:
Douglas Greg, Carlsbad, encouraged the City Council to move forward with
construction of the Police and Fire Training Facility as soon as possible. Mr. Greg
stressed that proper training for public safety employees is a necessity.
Rick Fisher, President of the Carlsbad Fire Fighters Association, came forward to
address Council. Mr. Fisher thanked Council for choosing to move forward with the
Police and Fire Training Facility. Mr. Fisher explained that the new facility will ensure
that public safety personnel are properly equipped to perform their jobs.
Richard Dotti, 3151 Blenkarne Drive, Carlsbad, also thanked Council for moving
forward with the Police and Fire Training Facility and requested that it be a top priority.
John Prietto, 2760 Carlsbad Boulevard, Carlsbad, came forward to address Council.
Mr. Prietto spoke about the importance of training for public safety personnel.
Renee Glotzbach, 1877 Matin Circle, Unit 129, San Marcos, came forward to address
Council. Ms. Glotzbach read a letter submitted to Council (on file in the Office of the
City Clerk), expressing concerns relating to the consumption of alcohol on public
property in Carlsbad.
RECESS:
Mayor Lewis declared a brief recess at 6:21 p.m. Council reconvened at 6:24 p.m.,
with five members present.
PUBLIC HEARING:
7. AB #18.744 - LA COSTA OAKS NORTH NEIGHBORHOODS 3.1. 3.3. 3.4. AND 3.5.
Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
September 26, 2006 Carlsbad City Council Meeting Page 3
Mayor Lewis requested that the applicant come forward.
Fred Arbuckle, President of Morrow Development, came forward to address Council.
Mr. Arbuckle explained that development in the La Costa area has facilitated the
following public improvements and provisions:
• Provided funding for Rancho Santa Fe Road
• Widened El Camino Real at La Costa Avenue
• Construction of Poinsettia Lane
• Completion of Calle Barcelona and Alicante Street
• Provided Elementary and Middle School Sites
• Provided a 32 Acre Park Site
• Preserved over 800 Acres of Natural Open Space
Jack Henthorn, Jack Henthorn and Associates, 5365 Avenida Encinas, Suite A,
Carlsbad, came forward to address Council on behalf of the applicant, Morrow
Development.
Mr. Henthorn reviewed a brief PowerPoint presentation (not on file in the Office of the
City Clerk), illustrating the various lot sizes of the proposed neighborhoods. He also
gave details relating to the open space in the neighborhoods.
In response to an inquiry from Council Member Packard, Mr. Henthorn explained that
22 less homes are being proposed in order to accommodate adjacent homeowners'
concerns.
Mayor Lewis asked how the developer proposes to keep brush away from the homes
and minimize fire risk.
Mr. Henthorn explained that there are designated brush management areas and that
the wildlife agencies have agreed to fire suppression measures that are included in the
Master Plan.
Mayor Lewis confirmed with the applicant that any potential home buyer would be
properly notified of the proximity of the development to the reclamation plant.
In response to an inquiry from Council Member Kulchin, Mr. Lynch stated that the
development is within the San Marcos Unified School District boundaries.
Mr. Arbuckle explained that the school boundary is complicated through this area and
that a portion of the upper cul-de-sac in the development is in the San Marcos Unified
School District (SMUSD); however, SMUSD is allowing the students to attend the
Encinitas School District and the San Dieguito School District. He further explained
that SMUSD is allowing the school boundary to be moved to the center line of Rancho
Santa Fe Road.
Mr. Arbuckle also stated that the Encinitas School District is aware of the boundary
change and is prepared for the students.
Mayor Lewis opened the duly noticed Public Hearing at 6:42 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:42 p.m.
September 26, 2006 Carlsbad City Council Meeting Page 4
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-287. approving Tentative Tract Maps CT
05-14, CT 05-15, and CT 05-16 and Planned Development
Permits PUD 05-11, PUD 05-12 and PUD 05-13 to subdivide
100.6 acres into 283 residential lots and seven open space lots
within the Villages of La Costa Oaks Neighborhoods 3.1, 3.3, 3.4
and 3.5 located west of Rancho Santa Fe Road, south of Melrose
Drive and north of Cadencia Street in Local Facilities Management
Zone 11.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
8. AB #18.745 - FIRE STATION NUMBER SIX (6).
Associate Planner Scott Donnell 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 Kulchin, Senior Civil Engineer Terry
Smith stated that staff believes the $5.4 million set aside is sufficient to cover the costs
of the project.
Council Member Sigafoose confirmed with staff that personnel from the Fire
Department were included in the design of the Station.
Mayor Lewis opened the duly noticed Public Hearing at 6:55 p.m. and asked if anyone
would like to speak.
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address council. Ms.
Levy expressed concerns relating to the amount of money currently being spent on
rent for the temporary Fire Station.
Seeing no one else wishing to speak Mayor Lewis closed the Public Hearing at 6:57 p.m.
City Attorney Ron Ball titled the Ordinances.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced
ORDINANCE NO. NS-817. amending the City's Zoning Map
pursuant to Section 21.05.030 of the Carlsbad Municipal Code by
an amendment to the Zoning Map to grant a Zone Change from
Planned Community (P-C) to One Family Residential, minimum
20,000 square foot lot size (R-1-20,000) for a 0.5 acre city-owned
vacant site at 7201 Rancho Santa Fe Road approximately 0.5 mile
south of San Elijo Road in Local Facilities Management Zone 11;
and,
Introduced ORDINANCE NO. NS-818. amending the La Costa
Master Plan (MP 149) by removing a 0.5 acre city-owned parcel
identified as assessor's parcel number 223-617-24 and located at
7201 Rancho Santa Fe Road in Local Facilities Management
Zone 11; and,
September 26, 2006 Carlsbad City Council Meeting Page 5
Adopted RESOLUTION NO. 2006-288. adopting a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting
Program and approving a Zone Change (ZC 05-12) and a Master
Plan Amendment (MP 149 (U)) for the Fire Station No. 6 Project
located on and adjacent to a 0.5 acre city-owned property at 7201
Rancho Santa Fe Road (APN 223-617-24), approximately 0.5 mile
south of San Elijo Road in Local Facilities Management Zone 11.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
ADJOURNMENT TO THE SPECIAL MEETING OF CARLSBAD MUNICIPAL WATER
DISTRICT
Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water at 6:59 p.m.
with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Carlsbad Housing and Redevelopment
Commission and reconvened the City Council Meeting at 8:09 p.m. with five Council
Members present.
RECESS:
Mayor Lewis declared a recess at 8:09 p.m. Council reconvened at 8:16 p.m., with five
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. AB #18.746 - REPORT ON PROPOSITION D.
Principal Planner Gary Barberio, Legal Counsel James P. Lough of McDougal, Love
Echis, Smith, Boehmer & Foley, and Consultant Frank Spevacek of Rosenow
Spevacek Group (RSG), Inc. presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mr. Barberio briefly explained the history of Proposition D and the purpose of the
Report being presented to Council.
James P. Lough stated that the analysis of Proposition D had been done utilizing the
Election Code 9212 format. Mr. Lough explained that the basic purpose of Proposition
D is to ensure that the flower and strawberry growing fields area is preserved and that
farming is permitted as long as it is economically viable.
Mr. Lough also explained that Proposition D contains a severability clause. He stated
that the severability clause contained in Proposition D will allow any portions of the
ballot measure that are found to be illegal, to be severed, and for the legal portions to
remain in tact.
September 26, 2006 Carlsbad City Council Meeting Page 6
Mr. Lough stated that Proposition D is consistent with the Carlsbad General Plan and
the Carlsbad Ranch Specific Plan. Mr. Lough concluded his presentation by stating
that Proposition D would not constitute a taking under the proposed State Ballot
Measure, Proposition 90.
Mr. Spevacek came forward to address Council. He explained that Proposition D
would re-affirm the existing land uses for the Cannon Road area, and since it does not
down-zone property, fiscal impacts are estimated to be $50,000.
In response to an inquiry from Council Member Sigafoose, Mr. Lough explained that if
Proposition E were to pass in conjunction with Proposition 90, and if a taking was
determined to have occurred, the City could be responsible for monetary payments to
the property owner for the future value of the property.
Paul Thompson, 5257 Milton Road, Carlsbad, came forward to address Council. Mr.
Thompson expressed concerns relating to the potential fiscal impacts to Carlsbad if
Proposition E passes in November. Mr. Thompson encouraged the voters of Carlsbad
to vote "No" on Proposition E.
Hope Wrisley, 4847 Flying Cloud Way, Carlsbad, also encouraged the voters of
Carlsbad to vote "No" on Proposition E. She stated that Prop E would rezone open
space and habitat areas to agriculture and would prevent trails and park uses. She
also asked voters to support Prop D.
Gary Hill, 3289 Donna Drive, Carlsbad, explained that Proposition E, as it is written,
could allow for such agriculture uses as chicken farms, peach orchards and vineyards.
Mr. Hill stated that the use of pesticides on agriculture items such as trees and
vineyards could become an environmental issue due to the application methods. He
further explained that the need to spray the pesticide up high rather than close to the
ground as with strawberries and flowers, could also impact the air quality in the area.
Joni Miringoff, 7551 Esfera Street, Carlsbad, came forward to address Council. Ms.
Miringoff expressed concerns relating to the negative impacts that Proposition E could
have on the City of Carlsbad. She explained that the existing Flower Fields are
protected by an agreement between Carltas and the City.
Laura Means Pope, 3656 Village D, Carlsbad, urged the citizens of Carlsbad to vote
"Yes" on Proposition D and "No" on Proposition E.
Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council. He stated
that Proposition D is a process and that Proposition E would give the citizens of
Carlsbad a Coastal Agricultural Zone. Mr. Alvarez stated that the flower growing fields
and the open space in the Cannon Road area will go away if Proposition E does not
pass.
Dustin Johnston, 3981 Garfield #B, Carlsbad, spoke in opposition to Proposition D and
urged citizens to read Proposition E.
September 26, 2006 Carlsbad City Council Meeting Page 7
Marvin Sippel, 5200 Hemingway Drive, Carlsbad, came forward to address Council.
Mr. Sippel stated that Proposition D will allow for flexibility and that Proposition E does
not. He stated that Prop E would require the area to remain in agriculture, even when
no economically viable.
ACTION: On a motion by Mayor Pro Tem Hall, Council received the Report
on the Legal and Fiscal Impacts of Proposition D.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
10. AB #18.747 - COMPARATIVE ANALYSIS FROM THE CITIZENS' COMMITTEE.
Principal Planner Gary Barberio and Chairman Eric Munoz of the Citizens' Committee
to Study the Flower Fields and Strawberry Fields Area presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mr. Barberio explained that the Citizens' Committee had completed a comparative
analysis of Propositions D & E in August. He further explained that since Proposition
D had undergone revisions after the August meeting, a new analysis of the
Propositions was requested by Council.
Mr. Munoz presented the updated Comparative Analysis Matrix (on file in the Office of
the City Clerk). He stated that Proposition E could potentially result in costly litigation
for the City, whereas Proposition D would not.
Mr. Munoz explained that there is a major difference in the land area covered by each
Proposition. He further explained that Proposition D covers approximately 307 acres
and Proposition E covers approximately 430 acres.
Mr. Munoz concluded the presentation by requesting that Council accept the updated
Comparative Analysis by the Citizens' Committee.
Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council. Mr.
Alvarez spoke in opposition to Proposition D, stating that the Proposition is merely a
process.
Michael Bovenzi, 343 Oak Avenue, Carlsbad, also spoke in opposition to Proposition D
and in support of Proposition E.
Mayor Lewis commented that the City is considering creating an educational flyer
regarding Proposition D and Proposition E to send to all Carlsbad citizens.
City Attorney Ron Ball stated that the flyer would be educational information and will
not advocate either Proposition. He further explained that the City has contracted with
a respected Jurist to analyze all materials to ensure that the content of the flyers is
acceptable under all legal tests, explaining that, under law, the City cannot publish
material supporting or opposing either Proposition.
September 26, 2006 Carlsbad City Council Meeting Page 8
ACTION: On a motion by Mayor Pro Tern Hall, Council received the
Updated Comparative Analysis of Propositions D and E.
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 September 26, 2006 was adjourned at 9:53 p.m.
5, CMC
Assistant City Ck
Sheila R. Cobian
Deputy City Clerk