HomeMy WebLinkAbout2007-02-06; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: February 6, 2007
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, Kulchin, Hall and Packard.
Absent: Sigafoose.
LEGISLATIVE INVOCATION:
Father William Rowland of St. Patrick's Church offered the Invocation.
PLEDGE OF ALLEGIANCE:
Boy Scout Troop 706 led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Mayor Pro Tern Kulchin abstained from the approval of the Regular Meeting Minutes of
January 23, 2007.
On a motion by Mayor Pro Tem Kulchin, minutes of the following meetings were
approved:
Minutes of the Special Meeting held January 16, 2007.
Minutes of the Special Meeting held January 16, 2007.
Minutes of the Regular Meeting held January 16, 2007.
Minutes of the Special Meeting held January 17 & 18, 2007.
Minutes of the Regular Meeting held January 23, 2007.
Minutes of the Special Meeting held January 30, 2007.
CONSENT CALENDAR:
Item Nos. 4, 5 and 6 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Item Nos. #1 through #3 and #7 through #10 as follows:
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Sigafoose.
February 6, 2007 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 #18.877 - GRANT ALLOCATIONS.
Council adopted RESOLUTION NO. 2007-017. approving two grant requests from the
Carltas Company for research projects intended to ensure the long-term productivity of
the Flower Fields at Carlsbad Ranch.
2. AB #18.878 - REPORTING OUT TERMS AND CONDITIONS.
Council received the report on the terms and conditions of the general release and
settlement of the Las Brisas Pacificas. Inc. claims.
3. AB #18.879 - APPROVAL OF AGREEMENT.
Council adopted RESOLUTION NO. 2007-018. approving an agreement to provide litter
removal services for the City of Carlsbad with Urban Corps of San Diego County, Inc.
4. AB #18.880 -ACCEPTANCE OF DONATIONS.
This item was pulled for discussion.
5. AB #18.881 -ACCEPTANCE OF DONATION.
This item was pulled for discussion.
6. AB #18.882 - ACCEPTANCE OF DONATION.
This item was pulled for discussion.
7. AB #18.883 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on City investments as of December 31,
2006.
8. AB #18.884 - FINAL MAP FOR BLACK RAIL 16.
Council adopted RESOLUTION NO. 2007-022. approving the Final Map for CT 03-06,
Black Rail 16 and authorizing the City Clerk to record the map.
9. AB #18.885 - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2007-023. 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.
10.AB #18.886 -APPROVAL OF AMENDMENT.
Council adopted RESOLUTION NO. 2007-024. approving the second amendment to
the Acquisition/Financing Agreement for Assessment District 2003-01 (College
Boulevard and Cannon Road East).
February 6, 2007 Carlsbad City Council Meeting Page 3
DISCUSSION OF CONSENT CALENDAR ITEMS:
4. AB #18.880 - ACCEPTANCE OF DONATIONS.
Community Coordinator Sue Irey gave a brief overview of the CityStuff Program and thanked
representatives from Poseidon Resources Corporation, Allied Waste Management and San
Diego Gas & Electric for their donations to the program.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO.
2007-019. accepting donations from Allied Waste Management, Poseidon
Resources Corporation and San Diego Gas & Electric to the Carlsbad CityStuff
Program.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Sigafoose.
5. AB #18.881 -ACCEPTANCE OF DONATION.
Arts Manager Peter Gordon gave a brief overview of the Three-Part-Art Program and thanked
Ms. Cannon for her donation to the program.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO.
2007-020. accepting a donation from Mrs. Teresa M. Cannon to the William D.
Cannon Art Gallery's Three-Part-Art Program.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Sigafoose.
6. AB #18.882 -ACCEPTANCE OF DONATION.
Mayor Pro Tem Kulchin expressed Council's appreciation for the donation from La Costa 35
Athletic Club to assist in the purchase of a Public Access Defibrillator for Stagecoach
Community Park.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO.
2007-021. accepting a donation from the La Costa 35 Athletic Club in support of
the purchase of a Public Access Defibrillator for Stagecoach Community Park.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Sigafoose.
February 6, 2007 Carlsbad City Council Meeting Page 4
ORDINANCES FOR INTRODUCTION:
11. AB #18.887 - ESTABLISH NO PARKING ZONE.
Fred Sandquist, 6408 Crossbill Court, Carlsbad, came forward to address Council. Mr.
Sandquist spoke in support of the No Parking Zone proposed for Cassia Road.
Doug White, 6434 Lilium Lane, Carlsbad, also spoke in support of the No Parking Zone
proposed for Cassia Road.
Marshall Goddard, 1777 Nerine Way, Carlsbad, came forward to address Council. Mr.
Goddard thanked Council for pursuing the establishment of a No Parking Zone on Cassia
Road.
Rita Faulkner of Bridge Property Management, 6439 Olea Lane #105, Carlsbad, came forward
to address Council on behalf of the Villa Loma Development. Ms. Faulkner also spoke in
support of the proposed Ordinance.
In response to an inquiry from Council Member Hall, Ms. Faulkner explained how the property
management at Villa Loma ensures that only authorized individuals are residing within the
affordable housing units.
In response to an inquiry from Mayor Pro Tem Kulchin, Ms. Faulker also explained the
requirements for obtaining a visitor pass at Villa Loma.
Ron Hogan, 1739 Pipit Court, Carlsbad, expressed concerns relating to the way Cassia Road
was engineered.
Acting City Engineer Bob Johnson stated that he would speak to Mr. Hogan regarding the
engineering of Cassia Road.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO.
NS-831. amending Title 10, Chapter 10.40, Section 10.40.128 of the Carlsbad
Municipal Code to declare a No Parking Zone on each side of Cassia Road from
Poinsettia Lane to its intersection with El Camino Real.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Sigafoose.
12.AB #18.888 - ESTABLISH PRIMA FACIE SPEED LIMIT.
Robert Woelffer, 6138 Paseo Monona, Carlsbad, and Joanne Grueskin, 6182 Paseo Palero,
Carlsbad, reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
February 6, 2007 Carlsbad City Council Meeting Page 5
Mr. Woelffer and Ms. Grueskin suggested that the Council consider a prima facie speed limit
lower than 55 miles per hour. Mr. Woelffer hilighted the following concerns relating to the
proposed speed limit:
• Roadside conditions not readily apparent to the driver
• Enforcement of traffic regulations
• Traffic volume
In closing, Ms. Grueskin requested that the speed limit on Melrose Drive be reduced to 45
miles per hour from 450 feet south of Palomar Airport Road to Lionsgate Avenue.
In response to an inquiry from Council, Acting City Engineer Bob Johnson explained that the
traffic survey prepared by the City had taken into account road conditions that might not be
readily apparent to drivers.
Mr. Johnson also commented that the City of Vista had prepared their traffic study establishing
a 40 miler per hour speed limit on the portion of Melrose Drive that runs through Vista prior to
Melrose Drive being opened to Palomar Airport Road.
In response to an inquiry from Mayor Pro Tern Kulchin, Police Captain Mike Shipley explained
that police officers are tasked with establishing parameters to determine if a motorist is
traveling at a speed that is unsafe for the road conditions. He further explained that officers
would have difficulty stopping every motorist driving one miler per hour over the posted speed
limit.
In response to an inquiry from Council Member Packard, Mr. Johnson explained that the
recommendation of a 55 mile per hour speed limit on Melrose Drive was based on the results
of the Engineering and Traffic Survey. He further explained that the survey took into account
the following factors:
• Collision history
• Prevailing speed
• Conditions that may not be readily apparent to the driver such as stopping site distance
• Pedestrian activity volumes
City Manager Ray Patchett requested that Mr. Johnson explain the term "speed trap".
Mr. Johnson explained that a "speed trap" is a condition when the posted speed limit on a road
in not in accordance with the Engineering and Traffic Survey. He stated that a violation of the
speed limit under this condition would be difficult to uphold in court.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO.
NS-832. amending Title 10, Chapter 10.44.240 of the Carlsbad Municipal Code,
establishing a 55 mile per hour prima facie speed limit upon Melrose Drive from
Palomar Airport Road to the north city limit.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Sigafoose.
February 6, 2007 Carlsbad City Council Meeting Page 6
RECESS:
Mayor Lewis declared a recess at 7:24 p.m. Council reconvened at 7:30 p.m., with four members
present.
ORDINANCE FOR ADOPTION:
13.AB #18.889 - ESTABLISH STOP CONTROLS.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-
830. amending Title 10, Chapter 10.28, Section 10.28.870 of the Carlsbad
Municipal Code requiring stops on Wright Place at its intersection with Palomar
Oaks Way.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Sigafoose.
PUBLIC COMMENT:
Michele Levy, 3021 Highland Drive, Carlsbad, requested that the City establish a Master Plan
for the Fire Department.
Jim Hensley, 2841 Esturion Street, Carlsbad, expressed concerns relating to the Engineering
and Traffic Surveys prepared by the City of Carlsbad. Mr. Hensley requested that the Council
take into account the citizen's concerns.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL
AND CARLSBAD MUNICIPAL WATER DISTRICT.
Mayor Lewis adjourned to the Joint Special Meeting of the Carlsbad City Council and Municipal
Water District at 7:45 p.m. with four Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Joint Special Meeting of the Carlsbad City Council and Municipal Water
District and reconvened the City Council Meeting at 7:46 p.m. with four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
16. AB #18.892-ARENA SOCCER FACILITY.
Recreation Director Ken Price presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk). Mr. Price gave a brief overview of the
proposal received by Mr. Jeff Kuester. He stated that Mr. Kuester was requesting to place a
Arena Soccer Facility on the land reserved for a community center in Aviara Community Park.
February 6, 2007 Carlsbad City Council Meeting Page 7
In response to an inquiry from Mayor Pro Tern Kulchin, Mr. Price stated that the community
center at Aviara Park is currently scheduled for construction in the year 2016.
Jeff Kuester, 2986 Ridgefield Avenue, Carlsbad, also reviewed a PowerPoint presentation (on
file in the Office of the City Clerk), requesting that the Council approve his request to place an
arena soccer facility at Aviara Community Park.
James Courtney, 1861 Southview Drive, Carlsbad, encouraged the Council to consider placing
an arena soccer facility somewhere within one of the City's parks.
Council discussion ensued regarding their support for staffs recommendation.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO.
2007-026. requesting the Parks and Recreation Commission identify an
appropriate site for an arena soccer facility; and directing staff to return with a
policy to assist the City in processing future public/private proposals.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: None.
ABSENT: Sigafoose.
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 February 6, 2007, was adjourned at 8:34 p.m.
LO
City Clerk
Sheila R. Cobian
Deputy City Clerk