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HomeMy WebLinkAbout2008-03-04; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 4, 2008 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 Assistant City Clerk, as follows: Present: Lewis, Kulchin, Hall, Packard and Nygaard. Absent: None. LEGISLATIVE INVOCATION: Rabbi Elifort from Chabad at La Costa Center gave the Invocation. PLEDGE OF ALLEGIANCE: Council Member Hall led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were unanimously approved as presented. Minutes of the Special Meeting held February 12, 2008. Minutes of the Regular Meeting held February 12, 2008. Minutes of the Special Meeting held February 19, 2008. Minutes of the Regular Meeting held February 19, 2008. Minutes of the Special Meeting held February 20, 2008. CONSENT CALENDAR: Item Nos. 4 and 12 were pulled for discussion. Council Member Hall announced he would abstain from voting on Item No. 3, due to a potential conflict of interest. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #4 and Items #5 through #11 as follows: AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. March 4, 2008 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 #19.334 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of January 31,2008. 2. AB #19.335 -APPLICATION FOR A GRANT FROM THE CALIFORNIA STATE LIBRARY. Council adopted RESOLUTION NO. 2008-055. authorizing the application for a Grant from the California State Library for the 2008/2009 Public Library Staff Education Program and appropriating awarded funds. 3. AB #19.336 - STREET VACATION. Council adopted RESOLUTION NO. 2008-056. summarily vacating a portion of Oak Avenue, STV 07-04. 4. AB #19.337 - ACKNOWLEDGEMENT OF GIFT. This item was pulled for discussion. 5. AB #19.338 - APPROVAL OF AGREEMENT. Council adopted RESOLUTION NO. 2008-058. approving a cooperative agreement to form a Home Investment Partnership Consortium. 6. AB #19.339 - STREET VACATION. Council adopted RESOLUTION No. 2008-059. summarily vacating a portion of Chestnut Avenue, STV 07-07. 7. AB #19.340 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2008-060. authorizing the City Clerk to advertise for bids to renovate the restroom at La Costa Canyon Park, Contract No. PKS 08-02. 8. AB #19.341 - DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2008-061. declaring a continued State of Local Emergency resulting from the formation of a sinkhole on January 7, 2008 on the 2400 block of Tamarack Avenue, and appropriating funds for the repair of a sinkhole, crib wall and utilities. 9. AB #19.342 - MEMORANDUM OF UNDERSTANDING. Council adopted RESOLUTION NO. 2008-062. approving the Memorandum of Understanding with the Carlsbad Firefighters' Association, Inc. 10.AB #19.343 - MEMORANDUM OF UNDERSTANDING. Council adopted RESOLUTION NO. 2008-063. approving the Memorandum of Understanding with the Carlsbad City Employees' Association. March 4, 2008 Carlsbad City Council Meeting Page 3 11. AB #19.344 - REFUND OF TRANSIENT OCCUPANCY TAX AND CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENT. Council adopted RESOLUTION NO. 2008-064. authorizing a refund to KB Carlsbad Investors, LLC for Transient Occupancy Tax and Carlsbad Tourism Business Improvement District Assessment. 12.AB #19.345 -AMENDMENT TO CITY COUNCIL POLICY STATEMENT NO. 65. This item was pulled for discussion. DISCUSSION OF CONSENT CALENDAR ITEMS: 4. AB #19.337 - ACKNOWLEDGEMENT OF GIFT. Gina McBride, representing the Carlsbad Library and Arts Foundation, 7530 Jerez Court, Carlsbad, came forward to address Council. Ms. McBride stated the Foundation is recognizing June and Knox Williams for their contribution to the Carlsbad Learning Center. She said that Mr. and Mrs. Williams are requesting a room in the Leaning Center be named in memory of their son Drew. Ms. McBride explained the importance of being able to read, and encouraged the Council and public to visit the Learning Center to learn more about the opportunities it provides. Knox Williams came forward and expressed his appreciation for being able to name a room in memory of his son. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-057. acknowledging a gift to the Carlsbad Library and Arts Foundation and approving the memorial naming of a room in the Carlsbad City Library Learning Center. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. 12. AB #19.345 - AMENDMENT TO CITY COUNCIL POLICY STATEMENT NO. 65. City Attorney Ron Ball said this item amends the Council's policy for temporary campaign signs in the public right of way. He explained that a slight inconsistency was discovered in the policy statement and has been corrected. He added that the policy is now consistent and is attached to a memorandum to the Mayor and City Council dated February 29, 2008. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-065. amending City Council Policy Statement No. 65 to allow the posting of campaign and other non- commercial signs on public property within the City 20 days prior to an election as revised in accordance with the memorandum dated February 29, 2008 from the City Attorney, and on file in the Office of the City Clerk. AYES: Lewis, Kulchin and Nygaard. NOES: Hall and Packard. March 4, 2008 Carlsbad City Council Meeting Page 4 Council concurred to reconsider Item No. 9 at this time, to allow comments from the public. 9. AB #19.342 - MEMORANDUM OF UNDERSTANDING Michael Calderwood, Carlsbad Fire Captain, representing the Carlsbad Firefighters Association, thanked Council for ratifying the contract. Mr. Calderwood expressed his appreciation regarding the level and expertise shown by the City's negotiating team during negotiations. Rick Fisher, representing the Carlsbad Firefighters Association, came forward to address Council. Mr. Fisher thanked the Council for the professionalism shown by the City's negotiating team. ORDINANCE FOR INTRODUCTION: 13.AB #19.346 - ESTABLISH STOP CONTROL ON CONTOUR PLACE AT STRATA DRIVE. Deputy Public Works Director Bob Johnson gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-876, establishing a stop control on Contour Place at its intersection with Strata Drive. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. PUBLIC COMMENT: Pat Meehan, 5403 Foxtail Loop, Carlsbad, came forward to address Council. Ms. Meehan stated that she is opposed to Wal-Mart building in Carlsbad. She said that since the site of the proposed Wal-Mart is near her home, she is concerned about her home's value and crime. Mayor Lewis stated that the City has very strong development standards and that any project would have to meet these standards in order to gain approval. Mayor Pro Tern Kulchin clarified that Wal-Mart has not put forth an application to the City. Robert Ridge, 2412 Badger Lane, Carlsbad, came forward to address Council. Mr. Ridge stated he is also opposed to Wal-Mart building in Carlsbad. He added he is concerned that a Wal-Mart would hurt the smaller stores in the Village area. March 4, 2008 Carlsbad City Council Meeting Page 5 Joyce Wise, 2933 Roosevelt Street, representing Artists Design and Gallery, came forward to address Council. Ms. Wise stated she is concerned about the Saturday Farmers Market taking up parking space and the impact the lack of parking is having on her business. She also said the Farmers Market is like a Flea Market, and read from a list of vendors who participate that do not sell produce. Ms. Wise asked Council to consider moving the market to another location on Saturdays or possibly change the date of the market to Sundays. Mayor Lewis stated that this item would be discussed at a future Council workshop. Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy spoke in support of the development of a Fire Master Plan. Ed Scarpelli, 929 Orchid Way, Carlsbad, came forward to address Council. Mr. Scarpelli thanked Council for its recent grant for the La Posada de Guadalupe temporary shelter and provided a brief explanation about the shelter. Mr. Scarpelli said the shelter is operated by Catholic Charities of San Diego with the support of a group of citizens of Carlsbad called the Caring Residents of Carlsbad. He added that La Posada de Guadalupe was established in 1992 through efforts of local churches the City of Carlsbad, and many caring residents. Council concurred to hear Item #15 at this time. DEPARTMENTAL AND CITY MANAGER'S REPORT: 15. AB #19.349-RECEIVE PRESENTATION FROM BOY SCOUT TROOP #748. Craig Correl, Assistant Scout Master, came forward and asked Council to approve a reduction in fees for the use of the Senior Center Facility to hold the annual pancake breakfast. Mr. Correl said the troop celebrates its 50th year of service to the community during 2008. He explained that the pancake breakfast is the troop's one and only fundraiser, with proceeds being used for scouts to attend summer camp. He added that Troop #748 is composed of 97% Carlsbad youths. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-070. appropriating funds in the amount of $567.50 toward Senior Center Fees for Boy Scout Troop #748's Easter Pancake Breakfast. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 6:51 p.m. March 4, 2008 Carlsbad City Council Meeting Page 6 RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 6:52 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #19.347 -ACCEPTANCE OF CONSERVATION EASEMENTS. Mike Grim, Senior Planner, gave the staff presentation and PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Grim outlined the current process with conservation easements: • Earlier HMP-related projects were conditioned to grant Conservation Easements to the City. • Completion of development is contingent upon easement recordation. • Staff added language in easements limiting responsibility and liability of Grantees. Mr. Grim also outlined the following three alternatives for Council in regard to future processing of conservation easements: A. City continues serving as Grantee whenever needed. B. City does not serve as Grantee except in special situations on a case-by-case basis. C. City staff explore the use of Restrictive Covenants. Council Member Nygaard asked if use of restricted covenants would be better for the city. City Attorney Ron Ball replied if the restrictive covenant were to be used in lieu of a conservation easement, the City must ensure to the wildlife agencies that the conditions the agencies have placed on our project approvals have been satisfied. Council Member Packard asked if there was a timeline to process the restricted covenant language through all the state agencies. Mr. Grim answered that a timeline was difficult to determine. He explained that the number of agency approvals on the draft document and the wording within the document would be researched by staff. He added that the language that has been commonly used in approved conservation easements could be placed in the City's restricted covenant. Mr. Hall asked how many undeveloped projects remain in the city, that require conservation easements. Mr. Grim responded that any vacant, developable land east of El Camino Real that has habitat in it would still require conservation easements. March 4, 2008 Carlsbad City Council Meeting Page 7 Council Member Nygaard made a motion to approve Alternative C, directing staff to explore the use of Restrictive Covenants. The motion was seconded by Mayor Pro Tem Kulchin and Council discussion followed. Council Member Packard stated he felt that Alternative C alone does not provide direction to staff regarding how to process conservation easements until the Restricted Covenant process is in place. Mr. Grim explained that Alternative C directs staff to explore the use of Restricted Covenants and asks that Council provide direction to staff regarding the how to process conservation easements until the issue has been resolved. In response to an inquiry from Council Member Hall, Mr. Ball said that the conservation easement is a condition of the project that will need to be fulfilled, which could delay, but not stop approval of a project. Council Member Hall stated that if a project were to be delayed for an extended period, he would like the easement to come before the Council. Mr. Ball replied that Council could review such easements on a case-by-case basis. Council Member Packard asked if the three conservation easements before Council for approval could be converted to Restricted Covenants if the procedure and language issue were resolved. Mr. Ball stated that since the documents have been signed, it is doubtful that the wildlife agencies would agree to un-record the easements. Council Member Nygaard stated she would like to amend her motion to add the approval of the three conservations easements that are before the Council. Mayor Lewis requested that information regarding the economic impacts of Restricted Covenants be included in the report that is brought back to Council. ACTION: Council Member Nygaard amended her previous motion with the consent of the second by Mayor Pro Tem Kulchin to adopt RESOLUTION NO. 2008-067. approving Alternative C directing staff to explore the use of Restricted Covenants rather than conservation easements; and RESOLUTION NO. 2008-068. accepting conservation easements for the Biltmore, Fenton Raceway, and Fox-Miller development projects. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. March 4, 2008 Carlsbad City Council Meeting Page 8 PUBLIC COMMENT: Jeff Schwilk of Vista, representing San Diego Minutemen, came forward to address Council. Mr. Schwilk stated that farmers should be following federal requirements regarding provisions of migrant workers housing. He said he is concerned that the City is using taxpayers' dollars to supply housing for migrant workers. Neil Turner, 2999 Bryant Drive, Carlsbad, came forward to address Council. Mr. Turner said the City should consider installing roundabouts throughout Carlsbad to ease traffic congestion. He also explained his concerns regarding the Carlsbad hiring center and the City's recent funding of the housing for migrant farm workers. Michael Spencer of Vista, came forward to address Council. Mr. Spencer expressed his concerns regarding the City's recent funding of migrant farm worker housing. Nicki Weaver, member of the Agua Hedionda Lagoon Foundation, came forward to address Council. Ms. Weaver highlighted some of the events scheduled to take place at the Foundation's Discovery Center, stating that 200,000 year old bones that belonged to one of the first residents of Carlsbad are now on display. She added that the Head Paleontologist from the Natural History Museum will give a lecture on March 12, 2008 at 7:00 p.m. Ms. Weaver also said that on March 22, 2008, the Foundation will hold its Annual World Water Day Festival which is designed to celebrate and educate the citizens of Carlsbad about the world's water issues. Ms. Weaver provided the location of the Agua Hedionda Lagoon Foundation Center, which is located on the south side of Faraday Avenue and Cannon Road. Kathleen Wellman, representing Caring Residents of Carlsbad, came forward to address Council. She thanked Council for its support of La Posada de Guadalupe. Ms. Wellman informed Council that over the years, Caring Residents of Carlsbad has raised over $300,000 from donations and has received in-kind services for the shelter. She added that the shelter is private, meets all city regulations and follows all local, state, and federal regulations. Mayor Lewis stated that the grant to Catholic Charities came from funds paid by developers to mitigate agricultural lands converted to residential or commercial use. He added that the recommendation to fund La Posada de Guadalupe came from a citizen committee. Mayor Lewis further explained that the City has been a community partner with the shelter since it was established in 1992 to address the problem of documented farm workers. He stated that it is the shelter's policy to check for proper documentation prior to providing services. 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. March 4, 2008 Carlsbad City Council Meeting Page 9 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: Karen Kundtz, Assistant City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, March 5, 2008 at 12:00 noon Carlsbad Senior Center Expansion Grand Opening Carlsbad Senior Center 799 Pine Avenue Carlsbad, California Thursday, March 6, 2008 at 5:00 p.m. Carlsbad Citizens' Academy Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of March 4, 2008 was adjourned at 7:30 p.m. , CMC Assistant City ClerF Sherry Freisinger Deputy Clerk