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HomeMy WebLinkAbout2007-03-13; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 13, 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, Packard. Absent: None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, the Minutes of the following meetings were approved as presented: Minutes of the Special Meeting held February 27, 2007. Minutes of the Special Meeting held March 1, 2007. Minutes of the Special Meetings held March 6, 2007. Minutes of the Regular Meeting held March 6, 2007. PRESENTATION: Mayor Lewis presented a proclamation to Marilyn Campbell in recognition of her service to the City. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #2, and Items #4 through #6 as follows: AYES: Lewis, Hall, Kulchin, Packard. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #18.925 - RECEIPT OF DONATION. This item was pulled for discussion. 2. AB #18.926 - TEMPORARY EMPLOYMENT AGENCY CONTRACTS. Council adopted RESOLUTION NO. 2007-051. approving temporary employment contracts with Manpower, Apple One, Volt and Addeco. March 13, 2007 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR (Continued) 3. AB #18.927 - AUTHORIZATION TO ADVERTISE FOR BIDS. This item was pulled for discussion. 4. AB #18.928 - EASEMENT VACATION. Council adopted RESOLUTION NO. 2007-053. summarily vacating a portion of College Boulevard over a portion of Assessor Parcel Number 209-060-60, Cantarini Development, STV 06-05. 5. AB #18.929 - ANNUAL HOUSING PRODUCTION REPORT. Council adopted RESOLUTION NO. 2007-054. accepting the 2006 Annual Housing Production Report. 6. AB #18.930 - ANNUAL GENERAL PLAN REPORT. Council adopted RESOLUTION NO. 2007-055. accepting the Annual General Plan Implementation Report for Fiscal Year 2005-2006. 7. AB #18.935 - FINANCIAL GUARANTY WITH CALIFORNIA FIRST NATIONAL BANK. This item was pulled for discussion. ITEMS PULLED FOR DISCUSSION: 1. AB #18.925 - RECEIPT OF DONATION. Mayor Pro Tern Kulchin expressed appreciation to the Carlsbad Village Optimist Club for the donation to the Recreation Department's Youth Sports and T.R.U.S.T. program. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-050. accepting a donation from the Carlsbad Village Optimist Club in support of the Recreation Department's Youth Sports and T.R.U.S.T. Program. AYES: Lewis, Kulchin, Hall, Packard. NOES: None. ABSENT: None. 3. AB #18.927 - AUTHORIZATION TO ADVERTISE FOR BIDS. Michele Levy, 3021 Highland Drive, Carlsbad, stated she was concerned about the costs associated with the street overlay project. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2007-052, approving plans and specifications and authorizing the City Clerk to advertise for bids for the 2007 Pavement Overlay Project, Project No. 3667-15/6001-12. AYES: Lewis, Kulchin, Hall, Packard. NOES: None. ABSENT: None. March 13, 2007 Carlsbad City Council Meeting Page 3 7. AB #18.935 - FINANCIAL GUARANTY WITH CALIFORNIA FIRST NATIONAL BANK. City Manager Ray Patchett requested this item be returned to staff. Council concurred. ORDINANCE FOR INTRODUCTION: 8. AB #18.931 - ENTERTAINMENT ORDINANCE. Police Captain Mike Shipley requested that this item be continued to a future Council meeting. He explained that at a recent meeting held with several bar owners there were a number of issues that needed to be resolved before the item is returned to Council for final approval. He stated that a meeting is scheduled for Tuesday, March 20, 2007, at 1:00 p.m. at the Carlsbad Public Safety Center. In response to an inquiry from Mayor Pro Tem Kulchin, Captain Shipley said he was uncertain when the item would be brought back to Council. He explained that there is a problem with the noise portion of the Ordinance and it has been difficult to obtain expertise to assist with this issue. Mayor Lewis invited those in attendance that wished to speak on this item to come forward. Nicole Pappas, 2689 Garfield Street, Carlsbad, came forward to address Council. Ms. Pappas, President of the North Coastal Prevention Coalition, expressed her support of the Entertainment Ordinance. Erica Leary, 1000 Vale Terrace, Carlsbad, came forward to address Council. Ms. Leary, representing the North Coastal Prevention Coalition, expressed her support of the Entertainment Ordinance. John Byron, 1745 Fire Mountain Drive, Oceanside, came forward to address Council. Mr. Byron, representing the North Coastal Prevention Coalition, expressed his support of the Entertainment Ordinance. Robert Burke, representing the Coyote Bar and Grill came forward to address Council. He stated he felt there were more issues other than sound to be worked out in the Ordinance. Mr. Burke added he would like to meet with Captain Shipley to put together a proposal to present to City Council. Council Member Hall urged Mr. Burke to present his list of concerns in writing to Captain Shipley. Ned Giblin, representing Tom Giblin's Irish Pub, came forward to address Council. He stated he was generally supportive of the Entertainment Ordinance. Mr Giblin asked for a 90-day continuance to work on concerns he has regarding the Ordinance. Sue Stewart, 3975 Linmar Lane, Carlsbad, came forward to address Council. Ms. Stewart stated she resides near Squid Joe's and expressed her concerns about Council delaying approval of the Ordinance. March 13, 2007 Carlsbad City Council Meeting Page 4 Larry Brown, 3965 Linmar Lane, Carlsbad, came forward to address Council. He stated he lives near Squid Joe's and was in support of Council approving the Entertainment Ordinance. Mr. Brown also expressed his concerns about increasing crime and public drunkenness in his neighborhood. Andy Davis, representing Mas-Fina Cantina, Carlsbad, came forward to address Council. Mr. Davis asked for a 90-day continuance on the Ordinance to work on concerns he has regarding the Ordinance. Muriel Sieh, 3465 Don Lorenzo Dr., Carlsbad, came forward to address Council. Ms. Sieh suggested that the establishments that are causing the problems should be paying for police and fire services - not the taxpayers. Kelli Strawhun P.O. Box 871, Carlsbad, came forward to address Council. Ms. Strawhun stated she was in support of additional time to work out the issues with the Ordinance. Justin Burnette, representing Boar's Crossing, came forward to address Council. Mr. Burnette stated he has concerns with the Ordinance and would also like additional time to work with the City. Soccorro Anderson, resident of Carlsbad, came forward to address Council. Ms. Anderson expressed her concerns about the number of patrons of the establishments affected by the Ordinance that are not Carlsbad residents. Ronald Smith, 812 Citrus Place, Carlsbad, came forward to address Council. Mr. Smith expressed his concerns regarding bars that are causing increased crime in his neighborhood. City Manager Ray Patchett explained that Mayor Lewis and Council Member Hall had met with a number of the establishments asking them to cooperate and assist the City with controlling entertainment after 9:00 p.m. He added that while some had done a good job, there were still problems requiring police and fire services. Mr. Patchett stated this was not the first time the establishments have been made aware that what is happening in the Village is not meeting the standards of the City. The item was returned to staff. PUBLIC COMMENT: Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms Levy expressed her concerns regarding the lack of a Fire Master Plan. PUBLIC HEARING: 9. AB #18.932 - THE TOWERS AT BRESSI RANCH. Associate Planner Jason Goth provided the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). March 13, 2007 Carlsbad City Council Meeting Page 5 Matthew Reed, Vice President and Managing Director of Ryan Companies US, Inc., explained this was the first LEED project in the City of Carlsbad (Leadership in Energy and Environmental Design). He added the development is in a pilot project under LEED guidelines that will provide occupants a 15-20% energy savings. Mayor Lewis opened the duly noticed public hearing at 6:50 p.m. Michele Levy, 3021 Highland Drive, Carlsbad, expressed her concerns about the addition of a new development and the lack of a Fire Master Plan. Mayor Lewis closed the duly noticed public hearing at 6:52 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council approved RESOLUTION NO. 2007-056. a Tentative Tract Map and Non- Residential Planned Development Permit to subdivide a 20.824- acre site with 18 previously approved industrial buildings into 93 non-residential airspace condominium units and one common area lot located along the south side of Palomar Airport Road, east of Innovation Way and north of Gateway Road, Bressi Ranch Master Plan, Planning Area 4, CT 06-20/PUD 06-02. AYES: Lewis, Kulchin, Hall, Packard. NOES: None. ABSENT: None. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD PUBLIC FINANCING AUTHORITY Mayor Lewis adjourned to the Special Meeting of the Carlsbad Public Financing Authority at 6:54 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Public Financing Authority at 7:00 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 10.AB #18.933 - PROPOSITION C OPEN SPACE AND TRAILS AD HOC CITIZEN'S COMMITTEE FINAL REPORT. Senior Planner Mike Grim and Planning Commission Chair Marty Montgomery, gave the Committee Report and PowerPoint Presentation (on file in the Office of the City Clerk). March 13, 2007 Carlsbad City Council Meeting Page 6 Mr. Grim stated that the following properties were evaluated and ranked by the Committee: South Coast Quarry site Sherman Property (trail only) Calavera Hills Village H County Airport Property Kato Property Mandana Property CUSD High School Site Lubliner Property Rancho Carlsbad Property Mitsuuchi Property Murphy Property Poinsettia Vernal Pools Brodiaea Preserve Mr. Grim stated that he had been in contact with several of the property owners on the list and had learned that the owners of the South Coast Quarry site and Mandana Property representatives are not willing sellers, and the Rancho Carlsbad Owners Association stated that they had other uses for their property. Mr. Grim added that staff will inquire regarding grants to augment the resources the City has available to purchase properties. Mayor Lewis requested that Council hold a workshop to discuss the committee's recommendations. Mayor Lewis invited those in attendance that wished to speak to come forward. Warren Kato, 2350 Sunny Creek Road, Carlsbad, representing Kato Property, came forward to address Council. Mr. Kato stated he supported holding a workshop, as his reports are contrary to the committee's findings. Mayor Pro Tern Kulchin urged Mr. Kato to put his findings in writing and distribute to Mr. Grim prior to the workshop. Katherine Kato, representing the Kato Property, came forward to address Council. Ms. Kato requested that her family be given the opportunity to further review the Committee's Final Report. She also commented that her family's intent is to develop their property and are concerned that the proposed trails may impact their property. Brian Milich, McMillin Company, 2750 Wombol Road, San Diego, representing Village "H" in Calavera Hills and the South Coast Property site, came forward to address Council. Mr. Milich stated McMillin is a willing seller of Village "H" and has held preliminary discussions with staff on this matter. He said they are not willing sellers of the South Coast Quarry site. He explained that a majority of the property has been identified in the Habitat Management Plan as not having significant environmental resources and two- thirds of the site is identified for residential development in the General Plan as opposed to Open Space Development. He added that the committee's analysis did not look at the quality of habitat that exists. He also added that significant features such as the falls, and Buena Vista Creek should be and will be preserved, and, to a degree, will be enhanced. March 13, 2007 Carlsbad City Council Meeting Page 7 Mr. Milich recommended that the South Coast Quarry site fall off or move to the bottom of the list so McMillin can work with staff to develop acceptable uses that will meet open space objectives and other uses identified in the General Plan and Habitat Management Plan. Ann Gunter, Lightfoot Planning Group, 5750 Fleet Street, Suite 250, Carlsbad, representing Hansen Aggregates, came forward to address Council. Ms. Gunter explained the City's General Plan designates the South Coast Quarry Property for both residential and open space uses and that Hansen has entered into a contract to sell the property to the Corky McMillin Companies. She said the contract precludes Hansen from entering into other discussions. Ms. Gunter added that Hansen is looking to reclaim and restore the site in accordance with the City's goals. She also added that a major aspect of the reclamation plan amendment is specifically to ensure that El Salto Falls, Buena Vista Creek, the pond area downstream, and the south slopes are protected as open space. Ms. Gunter further explained that the City will ultimately obtain the open space and trails linkages through existing City Ordinances, and requirements of the General Plan, Zoning Facilities Plan and the Habitat Management Plan. Wendy Hineman, 2080 Basswood, representing the Carlsbad Historic Preservation Committee, said that the preservation of El Salto Falls in its current natural state is the most important preservation opportunity considered by the Committee in the last eight years. She urged Council to protect the Falls. Diane Nygaard, 5020 Nighthawk, Oceanside, representing Preserve Calavera, came forward to address Council. Ms. Nygaard, urged Council to accept the Committee's report and acquire the properties listed. GiGi Orlowski, 3729 Bennington Court, Carlsbad, came forward to address Council. Ms. Orlowski urged Council to preserve the Village "H" area with Proposition C funds because it is a favorite walking trail and a natural resource that serves the citizens and wildlife in Carlsbad. Kristin Thomas, Environmental Project Planner for North County Transit District (NCTD), speaking on behalf of NCTD and the Poinsettia Vernal Pools, stated $50,000 is available and these agencies are willing to work with the City. Andrew Chapman, 611 K Street, #115, San Diego, came forward to address Council. Mr. Chapman urged Council to act now to preserve the Village "H" property with Proposition C funds. Shelley Hayes Caron, Marron Adobe, came forward to address Council. Ms. Hayes Caron urged Council to adopt the Committee's report and also urged Council to preserve the South Coast Quarry property. Don Christiansen, 3715 Longview Drive, Carlsbad, gave a PowerPoint Presentation (not on file in the Office of the City Clerk), and urged Council to acquire the South Coast Quarry property to protect El Salto Falls. March 13, 2007 Carlsbad City Council Meeting Page 8 Kasey Cinciarelli, came forward to address Council. Ms. Cinciarelli urged Council to set aside $35 million to acquire some of the property on the list and dedicate staff time to the task of grant writing and researching. Mayor Lewis reminded Ms. Cinciarelli to submit a Speaker's Slip prior to speaking with Council. Mayor Lewis requested and Council concurred to hold a workshop to discuss the Committee Report. ACTION: On a motion by Mayor Pro Tem Kulchin, Council approved RESOLUTION NO. 2007-057. accepting the property acquisition rankings developed by the Proposition C Open Space and Trails Ad Hoc Citizen's Committee. AYES: Lewis, Kulchin, Hall, Packard. NOES: None. ABSENT. None. RECESS: Mayor Lewis declared a recess at 8:03 p.m. Council reconvened at 8:10 p.m., with four members present. 11. AB #18.934 -COUNCIL MEMBER APPOINTMENT. Mayor Lewis invited those in attendance that wished to address Council on this item to come forth. Tony Lawson, 2195 Basswood Avenue, Carlsbad, came forward to address Council. Mr. Lawson stated that while he, too, is a candidate for the Council position, he suggested that Council consider Julie Nygaard be appointed to the Council vacancy. Terry Hueners, 2082 Lee Court, Carlsbad, came forward to address Council. She urged Council to appoint someone to the vacancy that can carry on the policies of the City. Ms. Hueners requested that the Council appoint Jeff Segall. Norman McCloud, 3475 Don Jose Drive, Carlsbad, came forward to address Council. Mr. McCloud urged Council to consider appointing Julie Nygaard to the Council vacancy. William Anthony Ims, 2033 Caleta Court, Carlsbad, came forward to address Council. Mr. Ims urged Council to consider appointing William Hensley to the Council vacancy. Mayor Lewis gave a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Lewis stated that he considered those applicants that had run for public office or served on a commission or committee. Mayor Lewis stated he would like to appoint Julie Nygaard to the Council vacancy because of her past public service. March 13, 2007 Carlsbad City Council Meeting Page 9 Mayor Pro Tern Kulchin said the Council did not tell applicants they could not run for office if they were appointed to the vacancy. Mrs. Kulchin stated she would like to appoint Julie Nygaard to the Council vacancy because of her experience she can assist with the various projects and policies Council is working on. Mrs. Kulchin said she hoped the City does not have to hold a Special Election to fill the Council vacancy. She urged the other applicants to campaign for office in the 2008 election. Council Member Packard stated he developed a matrix of considerations and then ranked the candidate criteria. He added that he differed with Mayor Lewis and Mayor Pro Tem Kulchin and thinks that the person appointed should be able to campaign for Council in the next election. In response to an inquiry from Council Member Packard, City Clerk Lorraine Wood stated the term used on a future ballot statement regarding someone who was appointed to fill an elected position would be "Appointed Incumbent." Mr. Packard reviewed his criteria rankings and stated he would like to appoint Jeff Segall to the City Council vacancy. Council Member Hall stated he was looking to the future when developing his criteria for filling the vacancy. Mr. Hall asked for a continuance on this item for two weeks. He said he felt it was important to interview all the applicants. Mayor Lewis said he felt that if a decision could not be reached tonight and a special election was needed, it was important that those interested in campaigning for the vacancy had time to get their committees in place. He added he preferred to have the Council reconvene on Thursday, March 15, 2007, to reach a decision. He noted that if an appointee was not chosen a special election could be called. Mayor Pro Tem Kulchin clarified that Ms. Nygaard had sent Council a letter stating she would not run for election in 2008. She stated that Ms. Nygaard was not asked by Council to do so. Mayor Lewis motioned to continue the item to Thursday, March 15, 2007, at 6:00 p.m., seconded by Mayor Pro Tem Kulchin. AYES: Lewis, Kulchin NOES: Hall, Packard ABSENT: None The Motion failed due to a lack of a majority. Council Member Packard stated he, too, would like additional time to interview applicants. Mayor Lewis stated he had concerns with appointing someone who had not participated in the political arena. March 13, 2007 Carlsbad City Council Meeting Page 10 Council Member Hall stated the law gave the Council 30 days from today to make a decision, and he reiterated he would like additional time to make a determination. In response to an inquiry from Mayor Lewis, City Attorney Ron Ball replied those interested in campaigning for the vacant Council seat, could do so after Council makes that decision. Mayor Pro Tern Kulchin suggested that Council continue this item to April 3, 2007 or April 10, 2007. Council concurred to continue this item to the Council Meeting of April 10, 2007. 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: None. ADJOURNMENT: By proper motion, the Regular Meeting of March 13, 2007 was adjourned at 9:15 p.m. ,CMC City Clerk Sherry Freisinger Administrative Secretary S^^r^C