HomeMy WebLinkAbout2007-05-08; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 8, 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 and Nygaard.
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, minutes of the following meeting were
approved as presented:
Minutes of the Regular Meeting held April 24, 2007.
PRESENTATION:
Mayor Lewis presented a Proclamation to Police Chief Tom Zoll in recognition of Law
Enforcement Officers' Memorial Day, May 9, 2007.
CONSENT CALENDAR:
Item No. 10 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Item Nos. 1 through 9, 11 and 12 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #18.983 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1.
Council adopted RESOLUTION NOS. 2007-097. 2007-098 AND 2007-099. initiating
proceedings and ordering the preparation of an Engineer's Report of a Special
Maintenance District, and approving the Preliminary Engineer's Report, and setting a
Public Hearing for July 10, 2007.
May 8, 2007 Carlsbad City Council Meeting Page 2
2. AB #18.984 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2.
Council adopted RESOLUTION NOS. 2007-100. 2007-101 AND 2007-102, initiating
proceedings and ordering the preparation of an Engineer's Report of a Special
Maintenance District, and approving the Preliminary Engineer's Report, and setting a
Public Hearing for July 10, 2007.
3. AB #18.985 - BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL
ASSESSMENTS.
Council adopted RESOLUTION NO. 2007-103. approving the annual benefit
assessments for the Buena Vista Channel Maintenance district Benefit Area No. 1.
4. AB #18.986 - SEACREST RIDGE AFFORDABLE HOUSING AGREEMENT.
Council adopted RESOLUTION NO. 2007-104. approving an Affordable Housing
Agreement with Cyril and Joanne Kellett to allow a housing alternative through the
construction of a second dwelling unit to satisfy the inclusionary housing requirement
for the Seacrest Ridge Minor Subdivision.
5. AB #18.987 - 2007-2008 CONSOLIDATED ACTION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
Council adopted RESOLUTION NO. 2007-105. approving the submittal of the 2007-
2008 Consolidated Action Plan for the Community Development Block Grant Program
to the U.S. Department of Housing and Urban Development.
6. AB #18.996 - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM.
Council adopted RESOLUTION NO. 2007-112. approving the City of Carlsbad
Disadvantaged Business Enterprise (DBE) Program as contained within Council Policy
Statement No. 67, and authorizing the execution of the DBE Program Race-Neutral
Implementation Agreement.
7. AB #18.988 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2007-106. accepting the donation from the Rotary
Club of Encinitas to benefit Carlsbad Youth Sports Programs and the
Sportsmanship/T.R.U.S.T Program.
8. AB #18.989 - SETTLEMENT OF CLAIM.
Council adopted RESOLUTION NO. 2007-107. accepting the Stipulations with Award
authorizing the expenditure of funds for the settlement of the Workers' Compensation
Claim of Judy E. Blackburn.
9. AB #18.990 - TERMINATING THE DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2007-108. terminating the existence of a local
emergency first declared on March 15, 2005.
10. AB #18.991 - ACCEPTANCE OF GRANT FUNDS.
This item was pulled for discussion.
May 8, 2007 Carlsbad City Council Meeting Page 3
11. AB #18.997 - ADDITION OF NEW CLASSIFICATION MATRIX FOR CONTRACT
ADMINISTRATOR SERIES.
Council adopted RESOLUTION NO. 2007-113. adding the classifications of Associate
Contract Administrator, Buyer/Contract Administrator and Senior Contract
Administrator, reclassifying personnel, amending the salary schedule for the Carlsbad
City Employees Association, and amending the Local Conflict of Interest Code.
12.AB #18.998 -TERMINATING THE DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2007-114. terminating the local emergency
declared on April 1, 2007, and providing an update on the Buena Vista Sewer Line
Spill.
DISCUSSION OF CONSENT CALENDAR ITEM:
10.AB #18.991 -ACCEPTANCE OF GRANT FUNDS.
Fire Division Chief Chris Heiser gave a brief overview of the equipment to be purchased with
the grant funds. He also explained that the Mobile Data Computer Program is part of a
regional integrated fire dispatching program.
In response to an inquiry from Council Member Nygaard, Mr. Heiser confirmed that there will
be an annual maintenance fee associated with the program. He further explained that the
maintenance costs will be shared with the other agencies in the region.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO.
2007-109. accepting Federal Emergency Preparedness grant funds for the Fire
Mobile Data Computer (MDC) Program for North San Diego fire agencies.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCE FOR INTRODUCTION:
This item is continued from the Council Meeting of January 9, 2007.
13.AB #18.992 - ESTABLISH PRIMA FACIE SPEED LIMIT.
Deputy City Engineer Bob Johnson displayed a map of the area where the proposed speed
limit would be established.
Dwight Johnson, 6327 Chorlito, Carlsbad, requested that the maximum speed limit on El
Fuerte Street be 35 miles per hour due to limited site distances at the intersection of Chorlito
and El Fuerte Street.
Council Member Nygaard commented that the vegetation at the Corner of El Fuerte Street and
Chorlito Street obscures the street signage.
Robert Lattin, 2848 Cacatua Street, Carlsbad, came forward to address Council. Mr. Lattin
asked why corner site distances and the grade of the road were not taken into consideration
when determining the suggested prima facie speed limit.
May 8, 2007 Carlsbad City Council Meeting Page 4
Mr. Lattin also provided Council with a handout (on file in the Office of the City Clerk)
containing the corner site distances and existing stopping site distances for the following
intersections on El Fuerte Street:
• Rancho Pancho
• Chorlito Street
• Cacatua Street
• Unicornio Street
In closing, Mr. Lattin commented that El Fuerte Street still has construction truck traffic and
requested that no large trucks be permitted on El Fuerte between the hours of 6:00 a.m. and
8:00 a.m.
Anne Estes, 2825 Esturion Street, Carlsbad, spoke in support of a 35 mile per hour speed limit
on El Fuerte Street and the installation of stop signs at the intersections.
Robert Woelffer, 6138 Paseo Monona, Carlsbad, came forward to address Council. Mr.
Woelffer suggested that the speed limit on El Fuerte Street be lowered to 35 miles per hour
and that stop signs be placed at the intersection of Rancho Pancho and El Fuerte Street.
Mr. Woelffer also spoke in support of additional police officers to help enforce traffic
regulations.
Glenn Bernard, 3520 Avondale Circle, Carlsbad, spoke in support of establishing traffic circles
rather than installing stop signs at the intersections.
In response to an inquiry from Council Member Packard, Deputy City Engineer Johnson
explained that the recommendation of a 45 mile per hour speed limit on El Fuerte Street was
based on the results of the Engineering and Traffic Survey. He further explained that if the
City installs stop signs at some or all of the intersections, a new traffic study would need to be
performed and it is possible that a new critical speed would be determined. Based on the
critical speed, staff would then recommend a prima facie speed limit.
In response to an inquiry from Mayor Pro Tem Kulchin, Mr. Johnson explained that a road can
have varying speed limits based on the road conditions. He further explained that the posted
speed limit could change at an intersection.
Council Member Nygaard suggested that the vegetation obstructing the site distance on
Chorlito Street be trimmed.
City Attorney Ron Ball explained that the City does have the ability to require that the
vegetation be trimmed providing the vegetation is in the public right of way.
In response to an inquiry from Council Member Packard, Mr. Johnson explained that round-
abouts are used in lieu of traffic signals or stop signs. He also confirmed that although the
road would need to be re-aligned, there is sufficient room to install round-abouts at the
intersections on El Fuerte Street.
In response to Mayor Lewis, Mr. Johnson stated that after adoption of a prima facie speed
limit, staff would return with an ordinance for stop signs on El Fuerte Street.
Mr. Johnson also explained that corner site distance is not a factor in determining if an
intersection warrants a stop sign.
May 8, 2007 Carlsbad City Council Meeting Page 5
Council Member Nygaard confirmed that there are no haul route permits currently issued for El
Fuerte Street.
Council concurred to have staff return at a later date with an Ordinance for the installation of
stop signs at various intersections on El Fuerte Street.
Mayor Pro Tem Kulchin confirmed that a new Engineering and Traffic Survey will be
performed following the installation of stop signs on El Fuerte Street.
Council discussion ensued regarding their support for establishing a 45 mile per hour prima
facie speed limit on El Fuerte Street from Alga Road to its intersection with Palomar Airport
Road.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO.
NS-829. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by
the revision of Section 10.44.220, to establish a Prima Facie 45 mile per hour
speed limit on El Fuerte Street from Alga Road to its intersection with Palomar
Airport Road.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCE FOR ADOPTION:
14.AB #18.993 - DKN HOTEL.
Council Member Hall recused himself from participating in voting on this item at 7:05 p.m. due
to a potential conflict of interest.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO.
NS-840. amending Section 21.05.030 of the Carlsbad Municipal code by an
amendment to the Zoning Map to grant a zone change, ZC 05-02, from Multiple-
Family Residential (R-3) to Tourist Commercial (C-T) on a .49-acre parcel
generally located west of Lincoln Street between Pine Avenue and Oak Avenue
in Local Facilities Management Zone 1.
AYES: Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Hall.
Council Member Hall resumed participation in the Regular Council Meeting of May 8, 2007 at
7:06 p.m.
PUBLIC COMMENT:
Michele Levy, 3021 Highland Drive, Carlsbad, spoke in support of a Fire Department Master
Plan.
May 8, 2007 Carlsbad City Council Meeting Page 6
Minette Ozaki, 2275 Via Aprilia, Del Mar, came forward to address Council. Ms. Ozaki
requested that the City consider purchasing the property owned by the County Airport
Authority for recreational trails. Ms. Ozaki explained that the property is currently vacant and
not being used for any type of recreation purpose.
Ms. Ozaki also provided Council with a map (on file in the Office of the City Clerk) illustrating
the subject property boundaries.
Glenn Bernard, 3520 Avondale Circle, came forward to address Council. Mr. Bernard spoke
about the following issues:
• Council Compensation
• Council Term Limits
• Campaign Signs
• City Attorney as an Elected Official
In closing, Mr. Bernard stated that he could be reached at 760-729-8462.
RECESS:
Mayor Lewis declared a recess at 7:15 p.m. Council reconvened at 7:20 p.m., with five
members present.
DEPARTMENTAL AND CITY MANAGER REPORT:
15.AB #18.994 -ACCEPTANCE OF BIDS.
Senior Civil Engineer Terry Smith and Fire Division Chief Chris Heiser presented the staff
report and reviewed a PowerPoint Presentation regarding Fire Station No. 6 (on file in the
Office of the City Clerk).
Irene Strause, 3291 Highland Drive, Carlsbad, expressed concerns relating to the size of the
proposed fire department. She further requested that Council direct staff to design a fire
station for the 21st century.
Rick Fisher, 1509 Alta Vista Drive, Vista, representing the Carlsbad Fire Fighter's Association,
stated that the proposed station would not be large enough. He further explained that the
station will not be adequate for equipment storage and training purposes.
Mr. Fisher also expressed concerns relating to the location of the proposed fire station. He
stated that a fire station should be located centrally in a neighborhood rather than on the
periphery.
In closing, Mr. Fisher requested that Council delay awarding the bid until the needs of the Fire
Department could be discussed at a Council Workshop.
Michele Levy, 3021 Highland Drive, Carlsbad, spoke in support of a Fire Department Master
Plan.
Chief Heiser explained that the proposed fire station is comparable in size to the other stations
in the City.
In response to an inquiry from Council Member Hall, Fire Chief Crawford explained that
although not every emergency vehicle can transport a citizen, every emergency apparatus
owned by the City contains the equipment and personnel to respond to emergencies.
May 8, 2007 Carlsbad City Council Meeting Page 7
Mayor Lewis confirmed with staff that the City currently has three active ambulances and one
reserve ambulance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO.
2007-110. accepting bids and awarding the contract to Edge Development for
the construction of Fire Station No. 6, Project No. 3901.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
16.AB #18.995 - ENDOW CARLSBAD.
Finance Manager Dave Barnum presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Mr. Barnum gave a brief overview of Endow Carlsbad, stating that the entity is a non-profit
organization based in Carlsbad, directed by residents with the mission of "promoting and
increasing responsible and effective philanthropy".
Mr. Barnum requested that Council consider the following four options:
1. A one-time contribution to Endow Carlsbad from Council Contingency and require a 4 to
1 match.
2. A one-time contribution to Endow Carlsbad from Council Contingency without any
matching requirements.
3. Request that Endow Carlsbad apply for Community Activity Grant Funds in the 2007-08
grant process.
4. Decline to provide any funding to Endow Carlsbad at this time.
Knox Williams, 3491 Seacrest Drive, Carlsbad, came forward to address Council on behalf of
Endow Carlsbad. Mr. Williams stated that he would be happy to answer any questions from
Council. Mr. Knox explained that Endow Carlsbad has a Grants Committee in place and that
the Grants Committee will consider requests from non-profit organizations or possibly even
for-profit organization that have a worthy cause.
Council Member Hall suggested that staff return with a report to determine if combining the
Carlsbad Community Activities Grant with the Endow Carlsbad program is feasible.
Council Member Nygaard suggested that Council form a sub-committee to determine how best
to assist Endow Carlsbad and volunteered to serve on the sub-committee..
Council discussion ensued regarding the formation of a sub-committee to determine how best
to assist Endow Carlsbad.
ACTION: On a motion by Council Member Hall, Council directed staff to return with a
report regarding the feasibility of combining the Community Activities Grant
program with the Endow Carlsbad program; and,
Council concurred to the formation of a sub-committee to determine how best to
assist Endow Carlsbad.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
May 8, 2007 Carlsbad City Council Meeting Page 8
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:
City Clerk Lorraine Wood announced that Council has been invited and may attend the
following upcoming event:
Tuesday, May 15, 2007 -10:00 a.m.
Rancho Carlsbad/McMillin Development Pipe Delivery Photo Event
Rancho Carlsbad
5500 El Camino Real
Carlsbad, California
ADJOURNMENT:
By proper motion, Mayor Lewis adjourned the Regular Meeting of May 8, 2007 in memory of
Bob Richardson at 8:12 p.m.
IORR
City Clerk
Sheila R. Cobian
Deputy City Clerk