HomeMy WebLinkAbout2006-10-03; City Council; Minutes (3)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 3, 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.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to David Dates of the San Diego County
Chapter of the Financial Planning Association in recognition of Financial Planning
Week, October 2 - 8, 2006.
Communications Manager Denise Vedder came forward to present the Helen Putnam
Award, for the Carlsbad CityStuff Program, to the City Council.
Ms. Vedder presented an overview of the CityStuff Program and introduced Marilyn
Campbell and various volunteers who have made the program a success.
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 September 12, 2006.
Minutes of the Regular Meeting held September 12, 2006.
Minutes of the Joint Special Meeting held September 12, 2006.
Minutes of the Special Meeting held September 14, 2006.
CONSENT CALENDAR:
Item No. 2 was pulled for discussion.
October 3, 2006 Carlsbad City Council Meeting Page 2
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of
the Consent Calendar, Item No. 1 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 #18.749 - CONTINUATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2006-289. 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 ITEM:
2. AB #18.750 - CITIZENS' INFORMATION BROCHURE.
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms.
Levy expressed concerns relating to how members were selected for the 25 member
Citizen's Committee tasked with studying Propositions D and E. She also urged the
Council to spend City funds in support of Safety Services.
William Griffith, 2728 Waterbury Way, Carlsbad, asked why the Council chose to place
a competing measure on the November ballot rather than simply opposing Proposition
E. He encouraged the citizens of Carlsbad to research Propositions D and E and to
make an informed decision on November 7, 2006.
Marvin Sippel, 5200 Hemingway Drive, came forward to address Council. Mr. Sippel
spoke in support of providing an informational brochure to the Citizens of Carlsbad
regarding Propositions D and E.
Mike Bovenzi, Oak Avenue, Carlsbad, came forward to address Council. Mr. Bovenzi
expressed concerns relating to the meetings held between Lennar and City staff.
Referencing copies of several City documents marked confidential, he stated that the
City and Council had intended to develop the open space area known as the
Strawberry and Flower Fields through a project titled the Center City Gateway Project.
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 due to litigation from the property owners. She
encouraged the voters of Carlsbad to vote "No" on Proposition E.
Gina McBride, 7530 Jerez Ct., Carlsbad, stated that Proposition E could have negative
financial consequences to the City of Carlsbad. She, too, encouraged the citizens of
Carsbad to vote "No" on Proposition E.
October 3, 2006 Carlsbad City Council Meeting Page 3
Ron Alvarez, 354 Oak Avenue, came forward to address Council. Mr. Alvarez stated
that the Council's publication could not legally advocate or oppose either Proposition
on the November Ballot. Referencing a map located on an adjacent wall (not on file in
the Office of the City Clerk), he expressed concerns relating to what uses the City may
have intended for the Cannon Road area.
Frank Hutchins, 606 Compass Court, Carlsbad, came forward to address Council. Mr.
Hutchins spoke in support of Proposition D and in opposition to Proposition E.
Farrah Douglas, 2914 Carrillo Way, Carlsbad, expressed concerns relating to the
financial impacts of Proposition E and the financial implications if it were to pass in
conjunction with State Proposition 90. She stated that the expense to Carlsbad as a
result of Prop E could double if Proposition 90 passes. In closing, Ms. Douglas urged
the voters of Carlsbad to vote "No" on Proposition E.
Dr. Christopher Molinar, 3555 Sierra Morena, Carlsbad, came forward to address
Council. Dr. Molinar stated that under the 1986 Agua Hedionda Land Use Plan, as a
condition of developing the 45 acres of south shore property, SDG&E is required to
record a permanent Open Space Easement over the remaining agriculture lands. He
also stated that with any development, even a park, the community loses open space.
Council Member Sigafoose stated that she had voted to place Proposition D on the
November ballot to give the citizens of Carlsbad a choice; however, she could not
support spending City funds to advocate for either Proposition.
Council Member Packard stated that the proposed informational brochures had been
reviewed by legal counsel to ensure that the content did not advocate either
Proposition. He stated that he could support providing the brochures to the citizens of
Carlsbad.
Council Member Kulchin and Mayor Pro Tern Hall stated that they too would support
distribution of the informational brochures.
Mayor Lewis concurred that the Citizens of Carlsbad should be informed of the impacts
of the Propositions on the November ballot; therefore, he expressed support for
distribution of the brochures.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-290. authorizing staff to prepare and
distribute an impartial Citizens' Information Brochure to Carlsbad
residents regarding Propositions D and E, and appropriating
funds.
AYES: Lewis, Hall, Kulchin and Packard
NOES: Sigafoose
ABSENT: None
October 3, 2006 Carlsbad City Council Meeting Page 4
ORDINANCES FOR ADOPTION:
3. AB #18.751 - FIRE STATION NUMBER SIX (6).
Michele Levy, 3021 Highland Drive, came forward to address Council. Ms. Levy spoke
in support of Carlsbad Safety Services.
City Attorney Ron Ball titled the Ordinances.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
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 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 miles south of San Elijo
Road in Local Facilities Management Zone 11, ZC 05-12; and,
Adopted ORDINANCE NO. NS-818. amending the La Costa
Master Plan by removing a 0.5 acre City-owned parcel identified
as Assessor's Parcel Number 223-617-24 located at 7201 Rancho
Santa Fe Road approximately 0.5 miles south of San Elijo Road in
Local Facilities Management Zone 11, MP 149(U).
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose
NOES: None
ABSENT: None
PUBLIC COMMENT:
Michelle Levy, 3021 Highland Drive, Carlsbad, expressed concerns relating to
increased population and traffic in Carlsbad. She stated that Safety Service personnel
levels must increase to accommodate the amount of growth Carlsbad has
experienced.
Michael Bovenzi, Oak Avenue, Carlsbad, came forward to address Council.
Referencing maps that he had placed on the wall, Mr. Bovenzi stated that if
Proposition D were to pass, the types of allowable uses on the land known as the
Strawberry and Flower Fields (lots 3 and 5) would increase. (Note: The wall exhibits
were removed from the Council Chambers at 7:45 p.m. by Mr. Bovenzi).
Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council. Mr.
Alvarez announced that he is a candidate for City Council on the November ballot.
Michael Babowal, Director of Government Affairs, Carlsbad Chamber of Commerce,
5934 Priestly Drive Carlsbad, stated that the Chamber opposes Proposition E and
takes no stance on Proposition D. Reading from a letter submitted to Council on
behalf of Chamber President and CEO Ted Owen, Mr. Babowal urged the Council to
direct the City Attorney to research the possible impacts on the taxpayers of Carlsbad
if State Proposition 90 and Proposition E were to pass.
October 3, 2006 Carlsbad City Council Meeting Page 5
William Griffith, 2728 Waterbury Way, Carlsbad, questioned why the City felt the need
to place a competing measure of the ballot. He encouraged the citizens of Carlsbad to
read both Propositions carefully and to make an informed decision when voting on
November 7, 2006.
PUBLIC HEARINGS:
4. AB #18.752 - ENCINA WASTEWATER AUTHORITY (EWA) PLAN AMENDMENT.
Senior Planner Elaine Blackburn presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Ms. Blackburn reviewed the site plan, permit applications and the project components.
She stated that the following are the key components of the Plan Amendment:
• New Biosolids Handling Facilities
• New Air Emissions / Air Quality Control Facilities
• Relocated Chemical Storage Facilities
• New Energy Management / Cogeneration System Modifications
Mayor Pro Tern Hall introduced Mr. Michael Hogan, General Manager of Encina
Wastewater Authority.
In response to an inquiry from Mayor Pro Tern Hall, Ms. Blackburn stated that there
are no specific City conditions on the facility relating to noise and odor. She noted that
there were four odor complaints last year.
Mr. Hall commented that he would like to see a condition placed on the facility to
ensure that noise and odors are minimized.
Council Member Sigafoose confirmed with staff that the City would not be subject to
any fiscal impact as a result of the proposed Plan Amendment.
Mayor Lewis requested that Mr. Hogan come forward.
Mr. Hogan commented the installation of new technology will allow Encina to install
state of the art air emission controls. In addition he stated that many of the processes
will be enclosed to enhance the ability of Encina to control the odors.
Mr. Hogan concluded his comments by stating that Encina is willing to work with the
City to include language in the Plan Amendment regarding noise and odor control as a
condition of the Permit.
Mayor Pro Tern Hall requested and Council concurred to continue the item to the
Regular Council Meeting of October 17, 2006.
October 3, 2006 Carlsbad City Council Meeting Page 6
5. AB #18.753 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT
(CTBID).
Council Member Sigafoose recused herself from participating in the discussion
regarding this item due to a potential conflict of interest and left the dais at 8:03 p.m..
Carlsbad Tourism Business Improvement District (CTBID) designated staff member
Cheryl Gerhardt presented the staff report and reviewed a PowerPoint Presentation
(on file in the Office of the City Clerk).
Ms. Gerhardt gave a brief background regarding the formation of the Carlsbad Tourism
Business Improvement District (CTBID). She also reviewed the following:
• 2005-06 Activity
• 2005-06 Financial Activity
• CTBID Assessment Revenue
• 2006-07 Work Plan
• 2006-07 Budget
Ms. Gerhardt noted that the assessment levy and district must be reviewed on an
annual basis.
In response to an inquiry from Mayor Pro-Tern Hall, Ms. Gerhardt and Administrative
Services Director Jim Elliott explained that the CTBID is an independent board that is
responsible for administering the marketing and visitor programs, and approving
contracts for such services.
It was also noted by City Attorney Ron Ball that the current contracts with the Carlsbad
Convention and Visitors Bureau (CCVB) and San Diego North Convention and Visitors
Bureau (SDNCVB) have been extended by the CTBID Board, and contain a clause
that would provide for an audit upon request.
Mayor Lewis opened the duly noticed public hearing at 8:20 p.m. and asked if anyone
would like to speak.
Nancy Nayudu of the Pelican Cove Bed and Breakfast, 320 Walnut Avenue, Carlsbad,
came forward to address Council. Referencing the Carlsbad Lodging Inventory data
submitted to Council (on file in the Office of the City Clerk), Ms. Nayudu expressed
concerns relating to the equitability of representation on the Board. She commented
that the smaller hotel owners are not adequately represented.
Tim Stripe, Vice Chair of the CTBID, 5900 Pasteur Ct., Carlsbad, came forward to
address Council. Mr. Stripe stated that the Board will be working to ensure that all
hoteliers are promoted equitably in the coming year. He also urged the Council to
allow either Ms. Gerhardt or Administrative Services Director Jim Elliott to continue
working with the CTBID.
Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 8:26 p.m.
October 3, 2006 Carlsbad City Council Meeting Page 7
Council discussion ensued regarding their support for the CTBID.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
RESOLUTION NO. 2006-291. approving the levy of an
assessment for the Carlsbad Tourism Business Improvement
District (CTBID) pursuant to the Parking and Business
Improvement Area Law of 1989.
AYES: Lewis, Hall, Kulchin and Packard
NOES: None
ABSENT: Sigafoose
Council Member Sigafoose returned to the dais at 8:30 p.m.
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:
Karen R. Kundtz, Assistant City Clerk, announced that Council Members have been
invited to attend, and may be participating in the following event:
Wednesday, October 4, 2006 - 6:00 p.m.
Carlsbad Library Learning Center Hard Hat Ceremony
3368 Eureka Place
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of October 3, 2006 was adjourned at 8:37 p.m.
, CMC
Assistant City Ck
Sheila R. Cobian
Deputy City Clerk