HomeMy WebLinkAbout2007-07-17; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: July 17, 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.
LEGISLATIVE INVOCATION:
Reverend Douglas Kelly of Christ Presbyterian Church offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were
approved as presented.
Minutes of the Regular Meeting held June 26, 2007.
Minutes of the Joint Special Meeting held June 26, 2007.
Council concurred to move Item No. 8 to the Consent Calendar.
CONSENT CALENDAR:
Item No. 1 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of
the Consent Calendar, Items # 2 through #6, and Item #8 as
follows:
AYES: Lewis, Hall, Kulchin, Packard and Nygaard.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
July 17, 2007 Carlsbad City Council Meeting Page 2
1. AB #19.083 - ACCEPTANCE OF DONATION.
This item was pulled for discussion.
2. AB #19.084 - ESTABLISH NEW MANAGEMENT CLASSIFICATION.
Council adopted RESOLUTION NO. 2007-180. adopting the classification and
salary for Deputy City Manager, and amending the Management Salary Structure
and Conflict of Interest Code.
3. AB #19.085 - VACATION OF SLATER STREET.
Council adopted RESOLUTION NO. 2007-181. declaring the intention to vacate
Slater Place and a portion of a general utility and access easement on Lots 19-
22 of Carlsbad Tract No. 02-15, Bressi Ranch, Map No. 14960, STV 06-04 (PIP
06-10), and setting a Public Hearing.
4. AB #19.086-VACATION OF EMBARCADERO LANE.
Council adopted RESOLUTION NO. 2007-182. declaring the intention to vacate
a portion of Embarcadero Lane on Lot 5 of Carlsbad Tract 97-10, Poinsettia
Properties, Map No. 13785, STV 06-06 (CT 04-11), and setting a Public Hearing.
5. AB #19.088 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2007-184. accepting the construction on the
Pine Avenue Park Construction Project as complete and directing the City Clerk
to record the Notice of Completion, Project No. 3802-2.
6. AB #19.089 - AMENDMENT TO AGREEMENT.
Council adopted RESOLUTION NO. 2007-185. approving Amendment No. 2 to
the agreement with RRM Design Group for site planning of a Police/Fire Training
Center and Public Works Center, Project No. 3686.
8. AB #19.087 -AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2007-183. accepting bids and awarding a
contract for the construction of the Mira Monte Access Control Gate to Falcon
Construction Company, Project No. PWS 07-05 ENG.
DISCUSSION OF CONSENT CALENDAR ITEM:
1. AB #19.083 - ACCEPTANCE OF DONATION.
Mayor Pro Tem Kulchin thanked the Friends of the Carlsbad Library for their support
and recognized Library Director Heather Pizzutto.
Ms. Pizzutto explained that the donation from the Friends of the Carlsbad Library will
support programs such as the children's multi-cultural festival, the summer reading
program, adult programs, and will also allow additional materials to be added to the
Library's collection.
July 17, 2007 Carlsbad City Council Meeting Page 3
ACTION: On a motion by Mayor Pro Tern Kulchin, Council
adopted RESOLUTION NO. 2007-179. accepting a
donation from the Friends of the Carlsbad Library and
acknowledging a pledge of additional direct support for
library programs.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCE FOR INTRODUCTION:
7. AB #19.090 - ESTABLISH MEASUREMENT FOR SEWAGE GENERATED FROM
THEME PARKS.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. NS 849. amending Title 13, Chapter
13.10.020 of the Carlsbad Municipal Code to establish a
measurement for sewage generated from theme parks.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
A representative from Policewatch.org came forward to address Council. He expressed
concerns relating to the number of minutes a speaker is permitted to speak during
Public Comment. He also expressed concerns relating to police accountability.
ADJOURNMENT TO THE SPECIAL MEETING OF PUBLIC FINANCING AUTHORITY.
Mayor Lewis adjourned to the Special Meeting of the Public Financing Authority at 6:14
p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Public Financing Authority and reconvened
the City Council Meeting at 6:25 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #19.087 - AWARD OF CONTRACT.
Council concurred to move this item to the Consent Calendar.
July 17, 2007 Carlsbad City Council Meeting Page 4
9. AB #19,091 -ADVERTISE FOR BIDS.
Special Projects Director Skip Hammann came forward to present the staff report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mr. Hammann reviewed the various components proposed for the park. He stated that
Alga Norte Park is the first city project that qualifies for Leadership in Energy and
Environmental Design (LEED) certification. Mr. Hammann also reviewed funding
sources for construction of the park.
Arts Manager Peter Gordon reviewed the art elements proposed for the park.
In response to an inquiry from Mayor Lewis, Arts Manager Peter Gordon explained that
the artwork is representative of aquatics related elements such as swimming strokes
and diving.
Project Architect Pat Caughey of Wimmer, Yamada and Caughey explained that the
artistic panels are being proposed to conceal the administration buildings and will be
laser cut from steel.
In response to an inquiry from Council Member Nygaard, Mr. Caughey confirmed that
the art elements proposed to be imbedded in the ground will have a non-slip surface.
Council Member Packard confirmed with staff that the number of parking spaces
proposed for the instructional pool will be adequate.
In response to an inquiry from Council Member Hall, Mr. Hammann explained that the
construction grading costs were included in the construction estimate.
Mr. Hammann also explained that prior to opening, the Recreation Department will
perform an analysis regarding the security needs of the park.
Don Christiansen, 3715 Longview Drive, Carlsbad, came forward to address Council.
Mr. Christiansen suggested that staff look at using the product Ozone in the aquatics
components of the park.
Council Member Nygaard expressed her support for the project.
Council Members Packard and Hall stated that they would not support any non-
essential capital projects at this time.
Mayor Pro Tern Kulchin spoke in support of the project.
July 17, 2007 Carlsbad City Council Meeting Page 5
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2007-186. approving plans, specifications,
artwork, and authorizing the City Clerk to advertise for bids for
construction of Alga Norte Community Park, Project Nos. 3837 and
3925.
AYES: Lewis, Kulchin and Nygaard.
NOES: Hall and Packard.
ABSENT: None.
10. AB #19.092 - SKATE PARK EXPANSION AT THE CARLSBAD SAFETY CENTER.
Park Development Manager Mark Steyaert presented the staff report and reviewed a
PowerPoint presentation (on file in the office of the City Clerk).
Mr. Steyaert explained that members of the Parks and Recreation Commission formed a
sub-committee to review the feasibility of expanding the skate park located at the
Carlsbad Safety Center.
He further explained that the Commission has requested that 16,000 square feet be
added to the existing 10,500 square foot facility. The expansion would include additional
concrete surfaces and modular skating units.
Mr. Steyaert stated that the Parks and Recreation Commission sub-committee's estimate
of the costs associated with the expansion varied with that of staff's estimate. He stated
that the discrepancies were related to lighting requirements and the costs associated with
grading the property.
In closing, Mr. Steyaert further explained that the proposed expansion would take 18 to
24 months and would cost approximately $550,000 to $770,000.
In response to an inquiry from Council Member Packard, Special Projects Director Skip
Hammann explained that the expanded portions of the skate park will need to be moved
at a later date as a result of the Police and Fire Training Center that is scheduled to be
constructed on the skatepark site.
Parks and Recreation Commissioner Jim Craig, 1732 Blackbird Circle, came forward to
address Council. Mr. Craig spoke in support of the expansion.
Chad Barry of Coast Recreation, 31926 Calle Tiara South, Temecula, came forward to
address Council. Mr. Barry displayed a design of the potential skate park expansion. Mr.
Barry stated that the total cost of the modular equipment would be between $235,000 and
$285,000.
Parks and Recreation Commissioner Denny Cooper, 2104 Linda Lane, Carlsbad, spoke
in support of the expansion.
Dylan Howes, 3177 Seabury Street, Carlsbad, also spoke in support of the skate park
expansion.
July 17, 2007 Carlsbad City Council Meeting Page 6
Council received the report and concurred to have staff review potential sites for an
additional skate park and to review the costs associated with expanding the current skate
park.
RECESS:
Mayor Lewis declared a recess at 7:41 p.m. Council reconvened at 7:47 p.m., with five
members present.
Council concurred to hear Item No. 12 at this time.
This item was continued from the Council Meeting of June 19, 2007.
12.AB #19.045 - DRAFT HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE.
Council received 35 emails (on file in the Office of the City Clerk) regarding concerns
about potential development in the Quarry Creek, Buena Vista Creek and El Salto Falls
area.
Principal Planner Chris DeCerbo presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Mr. DeCerbo gave an overview of the City's housing obligations resulting from the State
Housing Element Law. He explained that the City receives a Regional Housing Needs
Allocation (RHNA) number based on growth projections. He further explained that the
City has been given a RHNA number of 8,376 units with a breakdown as follows:
• Very Low Income Units = 1,922
• Low Income Units = 1,460
• Moderate Income Units = 1,583
• Above Moderate Income Units = 3,411
In response to an inquiry from Council Member Nygaard, Mr. DeCerbo explained that
providing moderate income housing can be more difficult than providing low income
housing due to the number of dwelling units allowable per acre. He further explained that
moderate income housing allows only 12 dwelling units per acre whereas low income
housing allows 20 units per acre.
Council Member Packard confirmed with staff that the City could possibly lose authority to
issue permits if the City's Housing Element does not conform to State requirements.
City Attorney Ron Ball explained the legal ramifications if the City's Housing Element falls
under State review.
In response to an inquiry from Mayor Pro Tern Kulchin, Housing Element Consultant
Veronica Tarn explained that if the City does not meet their RHNA number during the
current housing cycle, the number assigned to the City during the next cycle will be
double.
July 17, 2007 Carlsbad City Council Meeting Page 7
In response to an inquiry from Mayor Lewis, Ms. Tarn explained that the City will be
tasked with making more land available for housing units through re-zoning or up-zoning if
the Housing Element requirements are not met.
Shelley Hayes Caron, Marron Adobe, came forward to address Council. Ms. Caron
submitted a letter from Victor Waters (on file in the Office of the City Clerk) requesting
that the proposed housing in the Quarry Creek area be removed from the Housing
Element.
Ms. Caron spoke in opposition to the proposed housing in the Quarry Creek area. In
closing she requested that she be sent all the e-mails received by Council relating to the
Agenda item.
Penny Johnson, 1360 Hillview Court, Carlsbad also spoke in opposition to development
of the Quarry Creek area.
Brian Millich, P.O. Box 85104, San Diego, came forward to address Council on behalf of
Corky McMillin Companies. Mr. Millich explained that McMillin is currently in contract with
Hanson for purchase of the Quarry Creek property. In closing Mr. Millich stated that no
one is proposing destruction of El Salto Falls and that McMillin is in support of staff's
direction on the Housing Element.
Darlene R. Wrigley, 3365 Buena Hills Drive, Carlsbad, expressed concerns relating to
contaminated soil on the Hanson property and the need for signage informing people of
the contamination.
The following individuals addressed Council regarding their concerns relating to the
housing units proposed for the Quarry Creek, Buena Vista Creek and El Salto Falls area:
• Diane Nygaard, 5020 Nighthawk, Oceanside.
• Wendy Hinman, 2080 Basswood Avenue, Carlsbad, representing the Historic
Preservation Commission.
• Liz Kruidenier, 3005 Cadencia Street, Carlsbad.
• Ann Hallock, 1701 Tamarack Avenue, Carlsbad.
• Don Christiansen, 3715 Longview Drive, Carlsbad.
• Peg Crilly, 2330 Paseo de Laura, Oceanside.
• Kasey Cinciarelli, Lyons Court, Carlsbad.
• Al Cerda Jr., 1434 Clarence Drive, Vista.
• Susan Cratty, 912 Rosemary, Carlsbad.
• Mel Vernon, 1044 N. Ivy Street, Escondido.
• Dennis Hucakby, representing the Buena Vista Audubon Nature Center,
Oceanside.
Bill Berger, Harris Plant Road, San Diego, came forward to address Council on behalf of
Hanson Aggregates. Mr. Berger explained that Hanson must secure a reclamation plan
on the Quarry Creek property prior to formally closing the site.
July 17, 2007 Carlsbad City Council Meeting Page 8
In response to an inquiry from Mayor Pro Tern Kulchin, Hanson Site Remediation
Manager Barb Welk, explained that the soil on the site does not require contamination
signage due to the fact there is no basis for considering the soil contaminated.
Council discussion ensued regarding their support for submission of the draft Housing
Element as presented.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2007-146. approving submission of the draft
Housing Element for the 2005-2010 Housing Cycle to the State of
California Housing and Community Development Department for
initial review and comment.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
11. AB #19.093 - SUSTAINABILITY AND ENVIRONMENTAL GUIDING PRINCIPLES.
Council concurred to continue this item to a date to be determined.
13.AB #19.094 - APPOINTMENTS TO THE PROPOSITION D CITIZENS LIAISON
COMMITTEE.
Ron Alvarez, 343 Oak Avenue, Carlsbad, requested clarification regarding the purpose of
the Citizens Liaison Committee.
Community Development Director Sandra Holder explained that Proposition D requires
full public participation and that the Citizens Liaison Committee will act as a liaison to the
consultant, Partners for Livable Communities.
Council announced the following appointments to the Proposition D Citizens Liaison
Committee:
• Dianne Lantz from the Northwest Quadrant appointed by Council Member Nygaard.
• Daniel Livingston from the Southwest Quadrant appointed by Council Member Packard
• Council Member Hall stated that he has approached three individuals; however, the
time commitment has been an issue. He stated that he would appoint someone at a
future meeting from the Northeast Quadrant.
• Farrah Douglas from the Southeast Quadrant appointed by Mayor Pro Tem Kulchin.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2007-175. appointing Dianne Lantz, Daniel
Livingston and Farrah Douglas to the Proposition D Citizens Liaison
Committee.
AYES: Kulchin, Hall, Packard and Nygaard.
NOES: Lewis.
ABSENT: None.
July 17, 2007 Carlsbad City Council Meeting Page 9
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 July 17, 2007 was adjourned at 10:06 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Sheila Cobian
Deputy City Clerk