HomeMy WebLinkAbout2006-10-17; City Council; Minutes (2)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 17, 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.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Kulchin led the Pledge of Allegiance.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Marva Bledsoe, Women's Resource Center,
in recognition of Domestic Violence Awareness Month.
Mayor Lewis presented Candice Porter of San Dieguito Alliance for Drug Free Youth,
a Proclamation in recognition of Red Ribbon Week, October 24- 31, 2006.
Ms. Porter thanked the City of Carlsbad for their support and read the names of various
schools in Carlsbad that participated in Red Ribbon Week. The students from each of
the schools came forward to give their names, as the following schools received
Proclamations:
Aviara Oaks Elementary School
Buena Vista Elementary School
Calavera Hills Elementary School
El Camino Creek Elementary School
Hope Elementary School
Jefferson Elementary School
Kelly Elementary School
La Costa Heights Elementary School
Magnolia Elementary
Mission Estancia Elementary
Olivenhain Pioneer Elementary School
Pacific Rim Elementary School
Aviara Oaks Middle School
DATE October 17, 2006 Carlsbad City Council Meeting Page 2
• Calavera Hills Middle School
• Diegueno Middle School
• Oak Crest Middle School
• Valley Middle School
• Carlsbad Village Academy
• Carlsbad High School
• La Costa Canyon High School
Mayor Lewis introduced Denise Vedder, City of Carlsbad Communications Manager,
who provided an overview of a NATOA award recently awarded to the City.
CONSENT CALENDAR:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of
the Consent Calendar, Items #1 through #8 as follows:
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
1. AB #18.758 - SENIOR CENTER IMPROVEMENT PROJECT.
Council adopted RESOLUTION NO. 2006-295. approving plans and
specifications, and authorizing the City Clerk to advertise for bids for the Senior
Center Improvement Project, Project No. 45001-2.
2. AB #18.759 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2006-296. accepting bids and awarding the
contract to Valley Coast Construction, Inc., for Leo Carrillo Ranch Historic Park
Erosion Repairs and Drainage Improvements, Contract No. 45011.
3. AB #18.760 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2006-297. accepting the construction of
Villages of La Costa, The Greens Poinsettia Lane as complete, and directing the
City Clerk to record the Notice of Completion, Project No. CT 99-03, Drawing No.
DWG 397-21.
4. AB #18.761 - SALE OF 4120 SKYLINE DRIVE.
Council adopted RESOLUTION NO. 2006-298. approving the sale of property
located at 4120 Skyline Drive (APN 207-083-17), authorizing the execution of all
documents including the Grant Deed transferring ownership to SW Management
Inc., Richard Stearns, Lance Nowak, and Assignees.
DATE October 17, 2006 Carlsbad City Council Meeting Page 3
5. AB #18.762 - AMENDMENT TO SEWER REHABILITATION AGREEMENT.
Council adopted RESOLUTION NO. 2006-299. approving Amendment No. 2 to
the professional services agreement with Dudek and Associates, Inc., for the
North Agua Hedionda Interceptor Sewer Rehabilitation, Project No. 3537.
6. AB #18.763 -ANNEXATION TO COMMUNITY FACILITIES DISTRICT NO. 1.
Council adopted RESOLUTION NO. 2006-300. certifying and adding property
known as La Costa Village Center Townhomes to Community Facilities District
No. 1, Annexation No. 06/07-01.
7. AB #18.764 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2006-301. accepting a donation and
acknowledging a pledge of additional funds for the support of library programs
from the Friends of the Carlsbad Library, and appropriating the funds to the
Library's Friends donation account.
8. AB #18.765 - ACCEPTANCE OF STAFF EDUCATION GRANT.
Council adopted RESOLUTION NO. 2006-302. accepting the Fiscal Year 2006-
07 grant from the California State Library, Library Services and Technology Act
(LSTA) for the Public Library Staff Education Program, and appropriating the
funds.
PUBLIC COMMENT:
Michael Babowal, Director of Government Affairs, Carlsbad Chamber of Commerce,
addressed Council and spoke on behalf of the Chamber in opposition to Proposition E.
Julie Nygaard, 3405 Spanish Way, Carlsbad, came forward to address Council. She
stated she is filing a formal complaint and asked the city to pass it along to the Fair
Political Practices Commission because she feels a political newsletter mailed to
Carlsbad residents is in violation of California Government Code Section 84305.
Paul Thompson, 5257 Milton Road, Carlsbad, came forward to address Council. Mr.
Thompson spoke in opposition to Proposition E.
Joe Charest, 3347 Del Rio Court, Carlsbad, came forward to address Council. Mr.
Charist spoke in opposition to Proposition E.
Joni Miringoff, Esfera Street, Carlsbad, came forward to address Council. Ms. Miringoff
spoke in favor of Proposition D and in opposition of Proposition E.
PUBLIC HEARING:
This item was continued from the Council Meeting of October 3, 2006.
9. AB #18.752 - ENCINA WASTEWATER AUTHORITY (EWA) PLAN AMENDMENT.
Mayor Lewis opened the public hearing at 6:42 p.m.
City Attorney Ron Ball announced the Encina Wastewater Authority had requested this
item be continued.
DATE October 17, 2006 Carlsbad City Council Meeting Page 4
The Mayor requested and Council concurred to continue the item to the Regular
Council Meeting of November 7, 2006.
ADJOURNMENT TO THE SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY
Mayor Lewis adjourned to the Special Meeting of the Public Financing Authority at 6:44
p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Public Financing Authority at
6:50 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. AB #18.766 - TRAFFIC MITIGATION ON LA COSTA AVENUE.
Christine Davis, 2412 La Costa Avenue, Carlsbad, stated she was bringing this item
before Council on behalf of the La Costa Avenue Safety Project which has a
membership of over 200 La Costa Avenue and area residents. Philip Jones, 2452 La
Costa Avenue, Carlsbad, gave a PowerPoint Presentation (not on file in the Office of
the City Clerk), and stated speeding vehicles on La Costa Avenue are causing a
number of the accidents. Mr. Jones explained that La Costa Avenue is it is becoming
more of a major thoroughfare because it is the most direct route. He suggested the
City consider installing sidewalks on both sides of La Costa Avenue, reprogram the
traffic signals, install a pole-mounted radar sign, add additional signage, clear away
obstruction of existing signage, and provide stricter enforcement. Mr. Jones said he
would like a meeting with public works to discuss road improvement. He requested
Council pass a resolution to reduce La Costa Avenue to a singe lane on the west side
which would also widen the bike lane.
Council urged Mr. Jones and his committee to take their suggestions through the City's
established process and to the Traffic Safety Commission.
Kazem Zomorradian, 2400 La Costa Avenue, Carlsbad, spoke about the number of
accidents that have taken place in front of his home. He stated he is concerned
because his child is of driving age and would like Council to make the road safer for all.
Mayor Lewis asked Public Works Director Glenn Pruim to meet with this group of
citizens.
On response to an inquiry by Mayor Pro Tem Hall, Mr. Pruim replied that a meeting with
the La Costa Avenue Safety Project to discuss their suggestions and discuss how to
move through the process would be held. He added that it would take several weeks to
coordinate a meeting, develop a strategy and get items agendized for the Traffic Safety
Commission. Mr. Hall stated because this was the third time these issues have been
before Council, he would like to see the matter returned to Council as soon as possible.
City Manager Ray Patchett stated staff will review the items suggested by the Safety
Project group and work on those items that can be taken care of quickly.
DATE October 17, 2006 Carlsbad City Council Meeting Page 5
11. AB #18.767 - NAMING OF THE CARLSBAD MUNICIPAL GOLF COURSE.
Recreation Director Ken Price gave a PowerPoint Presentation (on file in the Office of
the City Clerk). Mr. Price stated the Selection Committee developed priorities in the
naming process that included involving the community, developing criteria to assist with
rank and rating, and efforts to protect the name when chosen. Mr. Price also added the
Committee wanted to try to incorporate "Carlsbad" into the name of the golf course. He
announced the Committee received over 700 suggested names and reduced it to one.
Mr. Price said the Committee is recommending the City Council approve "The
Crossings at Carlsbad" as the name of the Carlsbad Municipal Golf Course.
Michele Levy, 3021 Highland, Carlsbad, stated she thought the new name was nice but
felt the golf course should be named after the Mayor.
Jim Smith, 7116 Santa Barbara, Carlsbad, thanked the Council for building and naming
the golf course.
Mayor Lewis suggested continuing this item to the regular Council meeting of
November 7, 2006 to allow the public to comment on the name selected.
Mayor Lewis asked staff to create and place a plaque in the Clubhouse recognizing the
people who worked on this project over the years.
ACTION: On a motion by Mayor Pro Tern Hall, Council continued
RESOLUTION No. 2006-303 accepting the proposed name for the
Carlsbad Municipal Golf Course to the Council meeting of
November 7, 2006.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
12. AB #18.768 - 2007 LEGISLATIVE PLATFORM.
Senior Management Analyst Joe Garuba presented the report with a PowerPoint
Presentation (on file in the Office of the City Clerk). Mr. Garuba stated the platform is
consistent with prior years and only has significant changes in the categories of
telecommunications and land use. Mr. Garuba stated the City takes a defensive
position at the state level, working to amend legislation that could have a negative
impact on the city and an offensive position at the federal level seeking funds.
Mr. Garuba gave Council a brief overview of five state bond measures before voters at
the November 7, 2006 election.
City Attorney Ron Ball explained that if Proposition 90 passes, it will amend the
California constitution regarding the taking of private property. Mr. Ball stated the
impact of this Proposition will cause the City to change the way it does business with
the redefinition of public purpose to public use. Mr. Ball stated that Proposition 90
applies to new laws only and to those instances that condemnation is not used for
health and safety purposes. He further added that Proposition 90 will apply to
downzoning as in future rezoning of a piece of property to lower a height limit or reduce
density because of the substantial economic impact to the property owner.
DATE October 17, 2006 Carlsbad City Council Meeting Page 6
Council Member Packard asked about the new definition of compensation regarding the
financial impact of Proposition E if both Proposition E and 90 pass. Mr. Ball replied the
just compensation is redefined as the sum of money necessary to place a property
owner in the same position as if the property had never been taken. He added that
currently all that is required is the fair market value of the property.
In response to an inquiry by Council Member Packard, Mr. Garuba replied the City's
legislative platform will be available for citizens to view on the city's website.
ACTION: On a motion by Mayor Pro Tern Hall, Council approved
RESOLUTION NO. 2006-306 adopting the 2007 Legislative
Platform, and opposing position Proposition 90 on the November 7,
2006 ballot.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
13. AB #18.769 - PLANNING COMMISSION APPOINTMENTS.
Mayor Lewis requested and Council concurred to continue this item until Council
meeting on November 7, 2006.
PUBLIC COMMENT:
Farrah Douglas, Rancho Carrillo, Carlsbad came forward to address Council. Ms.
Douglas urged Carlsbad residents to vote no on candidates William Griffith, Ron
Alvarez and Dustin Johnston and to vote no on Proposition E.
Michele Levy, 3021 Highland, Carlsbad, came forward to address Council. Ms. Levy
expressed concern about the inclusion of the flower fields in Proposition D and the lack
of support for the safety of Carlsbad residents.
Gina McBride, Carlsbad, urged Carlsbad residents to vote no on candidates William
Griffith, Ron Alvarez and Dustin Johnston and to vote no on Proposition E.
A representative of Policewatch.org expressed concerns relating to police accountability
in communities throughout the United States.
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.