HomeMy WebLinkAbout2007-11-06; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 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, Packard and Nygaard.
Absent: None.
LEGISLATIVE INVOCATION:
Mayor Lewis gave the invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Council Member Nygaard abstained from the approval of the Minutes of October 9,
2007, due to her absence from the meeting.
On a motion by Mayor Pro Tem Kulchin, minutes of the following meetings were
approved as presented:
Minutes of the Special Meeting held October 9, 2007.
Minutes of the Regular Meeting held October 9, 2007.
Minutes of the Special Meeting held October 17, 2007.
CONSENT CALENDAR:
Items No. 2 and 10 were pulled for discussion.
Council Member Hall requested that Consent Calendar Item No. 2 reflect his vote as
No.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Item #1 and Items #3 through #9
as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
November 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.
This item was continued from the Council Meeting of October 23, 2007.
1. AB #19.205 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2007-278. accepting a donation from the
Friends of the Carlsbad Library and appropriating funds for current fiscal year
expenditures, and acknowledging a pledge for additional support.
This item was continued from the Council Meeting of October 23, 2007.
2. AB #19.208 -AWARD OF CONTRACTS.
This item was pulled for discussion.
This item was continued from the Council Meeting of October 23, 2007.
3. AB #19.208 - AWARD OF CONTRACTS.
Council adopted RESOLUTION NO. 2007-281. approving an addendum to the
Financial Information System Maintenance Contract with SunGard Bi-Tech LLC
and a contract with Leckey Consulting, Inc. for project management services for
the upgrade of the City's Financial Information System, and approving the
transfer of funds from the General Fund Non-Departmental Budget to the
upgrade project budget.
This item was continued from the Council Meeting of October 23, 2007.
4. AB #19.209 - SEWER SYSTEM MANAGEMENT PLAN. DEVELOPMENT PLAN
AND SCHEDULE.
Council adopted RESOLUTION NO. 2007-282. to consider approving the
Carlsbad Sewer System Management Plan (SSMP), Development Plan and
Schedule.
5. AB #19.212 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City Investments as of
September 30, 2007.
6. AB #19.213 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2007-285. accepting bids and awarding the
contract to Don Hubbard Contracting Company for the construction of the Calle
Gavanzo Drainage Improvements, Project No. 6605, Bid No. PWS08-06ENG.
7. AB #19.214 - AMENDMENTS TO AGREEMENTS.
Council adopted RESOLUTION NO. 2007-286. approving Amendment No. 3 to
the agreement with Cotton Bridges Associates for the preparation of an
Environmental Impact Report; and approving the third Amended Agreement with
La Costa Town Square, LLC for payment of an EIR consultant, EIR 01-02 - La
Costa Town Square.
November 6, 2007 Carlsbad City Council Meeting Page 3
CONSENT CALENDAR (Continued)
8. AB #19.215-ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2007-287. approving contract documents,
plans and specifications, and authorizing the City Clerk to advertise for bids for
the Cynthia Lane Storm Drain, Project No. 6601.
9. AB #19.216 - REGIONAL BEACH SAND PROJECT MEMORANDUM OF
UNDERSTANDING MOU) WITH THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG).
Council adopted RESOLUTION NO. 2007-288. approving the Memorandum of
Understanding (MOU) with the San Diego Association of Governments
(SANDAG) supporting a Regional Beach Sand Project and committing funds for
preliminary design and studies.
10.AB #19.217-AMENDEMENT TO AGREEMENT.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEMS:
2. #19.206- DENIAL OF APPEAL-MINOR SUBDIVISION MS 07-01.
Council Member Nygaard stated she would abstain on this item.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2007-279. denying the appeal and upholding
the City Engineer's decision approving Minor Subdivision No. MS-
07-01, Thomas Scott.
AYES: Lewis, Kulchin, and Packard.
NOES: Hall.
ABSTAIN: Nygaard.
10. AB #19.217 - AMENDEMENT TO AGREEMENT.
Council Member Packard stated his vote would be No on this item.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2007-289. approving Amendment No. 2 to the
agreement with RBF Consulting for Poinsettia Community Park
Phase IIA, Project No. 4502.
AYES: Lewis, Kulchin, Hall and Nygaard.
NOES: Packard.
ABSTAIN: None.
November 6, 2007 Carlsbad City Council Meeting Page 4
ORDINANCE FOR INTRODUCTION:
11. AB #19.218 - ESTABLISH PRIMA FACIE SPEED LIMIT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. NS-864. amending Title 10, Chapter 10.44 of
the Carlsbad Municipal Code, by the addition of Section
10.44.830 to establish a prima facie 40 mile per hour speed limit
on Gateway Road from El Camino Real to El Fuerte Street.
AYES: Lewis, Kulchin, Hall and Nygaard and Packard.
NOES: None.
ABSTAIN: None.
12.AB #19.219 - ESTABLISH PRIMA FACIE SPEED LIMIT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. NS-865. amending Title 10, Chapter
10.44 of the Carlsbad Municipal Code, by the revision of Section
10.44.210 to establish a prima facie 40 mile per hour speed limit on
Alicante Road from Poinsettia Lane to Gateway Road.
AYES: Lewis, Kulchin, Hall and Nygaard and Packard.
NOES: None.
ABSTAIN: None.
PUBLIC COMMENT:
Farrah Douglas, representing the Proposition D Citizens Liaison Committee, invited the
public to attend two workshops. Ms. Douglas explained that the first workshop would
be held on Thursday, November 15 at the Crossings at Carlsbad Golf Club, 5800 The
Crossings Drive, and the second would be held at the Faraday Center, 1635 Faraday
Avenue on December 3. She stated that both workshops would take place from 6:30
p.m. to 9:30 p.m.
In response to a question from Mayor Pro Tem Kulchin, Ms. Douglas said that each
workshop would cover the same information, and were being held on different days in
order to accommodate those who would like to attend but had conflicting schedules.
Michele Levy, 3021 Highland Drive, Carlsbad came forward to address Council. Ms.
Levy stated she was requesting assistance regarding her concerns about the
landscaping of the Carlsbad Medical Center and its effect on her property.
November 6, 2007 Carlsbad City Council Meeting Page 5
PoliceWatchdog.Org came forward to address Council. He spoke about his concerns
regarding audio recordings during ride-alongs with members of the Police Department.
Glenn Bernard, 3520 Avondale Circle, Carlsbad, came forward to address Council. Mr.
Bernard invited the public to attend a fundraiser sponsored by VFW Post 7041 on
November 12, 2007, at Buena Vista Elementary School on Las Flores Avenue from
9:30 a.m. until 3:00 p.m. He explained that the purpose of the fundraiser was to help
assist World War II Veterans to visit Washington, D.C. to view the memorial erected in
their honor.
PUBLIC HEARING:
13.AB #19.220 - ROBERTSON RANCH PLANNING AREAS 16. 17 AND 18.
Associate Planner Barbara Kennedy provided the staff report and PowerPoint
Presentation (on file in the Office of the City Clerk).
Josh Gates, representing the Corky McMillin Companies, came forward to address
Council. Mr. Gates provided Council with an update on the progress of the Robertson
Ranch project.
Mayor Lewis opened the duly noticed Public Hearing at 6:30 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed Public Hearing at
6:30 p.m.
Mayor Lewis reopened the Public Hearing at 6:32 p.m.
Walt Meyer, 4332 Standford Street, Carlsbad, came forward and asked about fire
hazards around his residence.
Mayor Lewis closed the public hearing at 6:33 p.m.
Barbara Kennedy stated that fire suppression zones are incorporated into the Master
Plan around existing and future residences.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2007-290. as amended with an errata sheet
provided by staff approving a Tentative Tract Map,
CT 04-26, and Planned Development Permits, PUD 06-12, PUD
06-13 and PUD 06-14, for 304 residential lots, five recreation area
lots and 22 HOA lots on 73.45 acres in Robertson Ranch Planning
Areas 16, 17 and 18 located within the East Village of the
Robertson Ranch Master Plan, north of Cannon Road, west of
College Boulevard, and east of future Wind Trail Way.
AYES: Lewis, Kulchin, Hall and Nygaard and Packard.
NOES: None.
ABSTAIN: None.
November 6, 2007 Carlsbad City Council Meeting Page 6
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND
HOUSING AND REDEVELOPMENT COMMISSION.
Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Housing and
Redevelopment Commission at 6:38 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Joint Special Meeting of the Carlsbad City Council and
Housing and Redevelopment Commission and reconvened the City Council Meeting at
8: 35 p.m. with all five Council Members present.
RECESS:
Mayor Lewis declared a recess at 8:36 p.m. Council reconvened at 8:44 p.m., with all
five members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15.AB #19.223 - REPORT ON EMERGENCY RESPONSE TO THE COUNTY-WIDE
FIRESTORMS.
Emergency Preparedness Coordinator David Harrison gave the staff report and
PowerPoint Presentation (on file in the Office of the City Clerk) on Carlsbad's response to
the late October 2007, fires.
Mayor Pro Tem Kulchin read a letter to the Carlsbad Fire Chief thanking the Carlsbad
Fire Department, from Scott Fisher, Principal from Poway High School (not on file in the
Office of the City Clerk).
16.AB #19.221 - ROTARY PARK GAZEBO.
Ken Ryan, 3490 Seacrest Drive, Carlsbad, representing the Carlsbad High Noon Rotary
Club, came forward requesting assistance from the City to save the gazebo currently
located in Rotary Park, that is scheduled for demolition by North County Transit District.
Kip McBane, 2961 Crest Drive, Carlsbad, provided the history of the gazebo with a
PowerPoint Presentation (on file in the Office of the City Clerk).
John Simmons, 2744 Carlsbad Boulevard, Unit 209, Carlsbad, explained how the
gazebo was moved to current site in Rotary Park and the current condition of the
gazebo.
Mike Pfankuch, 3532 Donna Drive, Carlsbad, addressed the Rotary Club's plans to
repair the gazebo. Mr. Pfankuch said that the Rotary Club would like to keep the
gazebo in the downtown area.
Recreation Director Ken Price, stated that staff had reviewed the Rotary Club's
proposal to relocate the gazebo. Mr. Price stated that the Rotary Club asked about Pine
Avenue Park, and staff determined this would not be the best location. Mr. Price added
November 6, 2007 Carlsbad City Council Meeting Page 7
that staff reviewed several other downtown parks and the area next to City Hall as
potential sites. He said that staff recommended relocating the gazebo to Magee Park.
In response to an inquiry from Mayor Lewis, Mr. Price said the gazebo would be located
in an area between the barn and the house at Magee Park if the location does not
conflict with irrigation systems.
Council Member Nygaard asked when the gazebo could be moved.
City Manager Lisa Hildebrand stated staff would return with a timeline to Council on site
location and preparation.
Mario Monroy, 749 Magnolia Avenue came forward to address Council. Mr. Monroy
stated he felt that Pine Park was an ideal location to place the gazebo.
Council Member Hall asked how and where the Rotary Club intended to repair the
structure.
Mr. Pfankuch replied that the Rotary Club had an offsite location to rebuild and repair
the structure.
In response to an inquiry from Mayor Pro Tern Kulchin, Mr. Pfankuch stated that the
historical value of the gazebo is in the roof, and the intent of the Club is to save the roof
and rebuild the remainder of the structure.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
approved the request of the Carlsbad High Noon Rotary to relocate
the gazebo to Magee Park after it has been repaired.
AYES: Lewis, Kulchin, Hall and Nygaard and Packard.
NOES: None.
ABSTAIN: None.
17.AB #19.222 - AGRICULTURE CONVERSION MITIGATION FEE AD HOC
CITIZENS' ADVISORY COMMITTEE APPOINTMENT.
Mayor Lewis requested to continue this item to a future Council meeting to be
determined.
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.
November 6, 2007 Carlsbad City Council Meeting Page 8
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following event:
Friday, November 9, 2007 6:00 p.m.
City Manager Ray Patchett's Retirement Event
The Crossings At Carlsbad Golf Course
5800 Crossings Drive, Carlsbad, CA
ADJOURNMENT:
By proper motion, the Regular Meeting of November 6, 2007, was adjourned at 9:31
p.m.
JRRAINE M. WOOD, CMC
City Clerk
Sherry Freisinger
Deputy Clerk