HomeMy WebLinkAbout2008-09-23; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 23, 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 City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Nygaard.
Absent: None.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Emergency Preparedness Coordinator David
Harrison in recognition of National Preparedness Month.
Mr. Harrison announced that the following volunteers serve as members of the City of Carlsbad
CERT team:
John Batista Nancy Jackson Errol Ovid
James Brubaker Sandra Knight Carl Pope
Killarney Carnohan Elizabeth McNabb Dee Pope
Robert Clark Robert Morgan Troy Shields
Jean Delmar Nick Murchison Theresa Silva
Jay Gordon Richard Murdock Claire Steuernagel
Cindy Gordon Mike O'Connell Deborah Wenck
Dian Gutierrez Dee Osargent Shannon Wingard
Andy Hsu
CONSENT CALENDAR:
Item Nos. 2, 3, 5, 6 and 7 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the
Consent Calendar, Item Nos. 1 and 4 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 #19.580 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City Investments as of August 31, 2008.
2. AB #19.581 - REQUEST FOR OUT-OF-STATE TRAVEL.
This item was pulled for discussion.
September 23, 2008 Carlsbad City Council Meeting Page 2
3. AB #19.551 - APPROVE AGREEMENT FOR BUILDING PLAN CHECK SERVICES.
This item was pulled for discussion.
4. AB #19.573 - REPORT OUT TERMS AND CONDITIONS.
Council accepted the report regarding the terms and conditions of the settlement
agreement regarding the properties located at 7550 and 7551 Agua Dulce Court.
5. AB #19.582 - ADVERTISE FOR BIDS.
This item was pulled for discussion.
6. AB #19.583 - APPROVE AGREEMENT FOR ACQUISITION OF TWO ACRES OF LAND.
This item was pulled for discussion.
7. AB #19.584 - REPORT OUT SETTLEMENT AGREEMENT AND RELEASE.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEMS:
2. AB #19.581 - REQUEST FOR OUT-QF-STATE TRAVEL.
Michele Levy, Carlsbad, expressed concerns about the cost of out-of-state travel and spoke in
support of developing a Master Plan for the Carlsbad Fire Department.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION
NO. 2008-264. approving the out-of-state travel request for the Senior
Management Analyst in the Information Technology (IT) Department to
attend the Help Desk Institute Government Forum, October 14-17, 2008 in
Miami, Florida.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
3. AB #19.551 - APPROVE AGREEMENT FOR BUILDING PLAN CHECK SERVICES.
Michele Levy, Carlsbad, stated that the City is in need of a Master Plan for the Fire Department.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION
NO. 2008-238. approving an agreement with Esgil Corporation for building
plan check services.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
5. AB #19.582 - ADVERTISE FOR BIDS.
Michele Levy, Carlsbad, encouraged Council to support the development of a Fire Department
Master Plan.
Council Member Packard suggested that the 2008-2009 Concrete Replacement Project be bid
as a non-prevailing wage project.
Public Works Director Glenn Pruim came forward to address Council. Mr. Pruim stated that the
current specifications were developed as a prevailing wage project; however, staff could create
a package containing non-prevailing wage specifications.
September 23, 2008 Carlsbad City Council Meeting Page 3
In response to an inquiry from Mayor Lewis, Mr. Pruim explained that the modification of the bid
specifications would take staff a couple of weeks to complete.
Council Member Nygaard suggested that the City first develop a policy or list of projects that will
be considered as non-prevailing wage projects. She spoke in support of advertising for bids
with the current specifications.
In response to an inquiry from Mayor Lewis, Deputy City Manager Jim Elliott explained that it
may take up to the end of the year to establish a policy regarding what projects will be eligible to
be bid as non-prevailing wage projects.
In response to an inquiry from Council Member Kulchin, Mr. Pruim stated that postponing this
project could have a detrimental effect due to the current need for repairs.
Council concurred to go forward as proposed tonight and to work on developing either a policy
or list of potential projects that can be bid as non-prevailing wage in the future.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-265. approving the plans and specifications for the 2008-09
Concrete Replacement and authorizing the City Clerk to advertise for bids,
Project No. 6013.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
6. AB #19.583 - APPROVE AGREEMENT FOR ACQUISITION OF TWO ACRES OF LAND.
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support of
developing a Fire Department Master Plan.
Kasey Cinciarelli, Carlsbad, expressed concerns relating to the relocation of Fire Station 3 due
to the potential increase in the five minute response times. Ms. Cinciarelli also questioned the
purchase price of the land, considering the recent decline in property values.
Fire Chief Kevin Crawford came forward to address Ms. Cinciarelli's comments about fire
department response times. He explained that relocating Station 3 will be a benefit to the
citizens because a large portion of central Carlsbad will be more accessible. Chief Crawford
also stated that because of the Boundary Drop program, citizens in the North Calavera area will
continue to have adequate fire response coverage.
Economic Development Manager Cynthia Haas came forward to address Ms. Cinciarelli's
concerns about the purchase price of the land. Ms. Haas stated that the City is paying a fair
price of about $17 per square foot for the property.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-266. approving an agreement for
the acquisition of two acres of land in Robertson Ranch PA 13
for the future relocation of Fire Station No. 3.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
September 23, 2008 Carlsbad City Council Meeting Page 4
7. AB #19.584 - REPORT OUT SETTLEMENT AGREEMENT AND RELEASE.
Diane Nygaard, Carlsbad, representing Preserve Calavera came forward to address Council.
Ms. Nygaard spoke in support of the settlement money being spent on local improvements.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-267. reporting out the Settlement Agreement and Mutual
Release with the California Regional Water Quality Control Board for the
mitigation of the pipeline break and discharge of sewage into the Buena
Vista Lagoon that occurred on April 1, 2007, Complaint No. R9-2007-0099,
and authorizing the appropriation of funds from the Sewer Enterprise
Operating Reserve fund to pay for Carlsbad's share of the assessment.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
Council concurred to hear Departmental Report Item No. 15 at this time.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #19.587 - REPORT ON COMPREHENSIVE PLANNING AND COMMUNITY
ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D.
Community Development Director Sandra holder, Proposition D Citizen's Liaison Committee
Member Farrah Douglas and Assistant City Planner Gary Barberio presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Hall, Mr. Barberio stated that environmental
reviews would need to be completed for any proposed future projects for the land subject to
Proposition D. He further explained that environmental documents would be reviewed at the
City level, then by the Planning Commission, the City Council and would lastly need the
approval of the Coastal Commission.
In response to an inquiry from Council Member Nygaard, Mr. Barberio reviewed the following
final lists of community supported and recommended open space uses for the Cannon Road
Agriculture and Open space Lands:
Primary Permitted Agriculture Uses:
• Agricultural Crop Production (including floriculture and horticulture)
• Agricultural-related Educational, Research and Development Facilities
• Community Farming (example: leasing land to individual citizens or community groups to
grow agricultural crops)
• Farmers Market
• Floral Trade Center (wholesale and retail)
• Greenhouses
• Plant Nurseries and Supplies
• Tree and Seed Growing Farms
• Vineyards and Wineries
September 23, 2008 Carlsbad City Council Meeting Page 5
Secondary Permitted Agriculture Uses:
• Agricultural Distribution Facilities
• Public Events and Activities Promoting Agriculture (examples: tours, demonstrations,
special events)
• Retail Sales of Agricultural Crops an Related Products (examples: on premise sale of
crops to the public, produce store, sale of products made from crops)
Primary Permitted Open Space Uses:
• Amphitheater
• Aquarium
• Art Gallery
• Civic and Public Gathering Spaces (examples: public plazas, gazebos, art display area,
sitting area, wedding areas, water features)
• Community Learning Center
• Community Meeting Center
• Cultural Center
• Dog Park
• Gardens (public and private) (examples: botanical, rose, tea, meditation)
• Habitat Preserves and Natural Areas
• Historic Center
• Museum
• Parks (public and private)
• Performing Arts Center
• Picnic Areas
• Sports or Recreation Center (public or private) (indoor or outdoor) (examples: tennis
courts, athletic courts and fields, lawn bowling, swimming pools, boys and girls club)
• Trails (examples: pedestrian, bicycle, nature, exercise, equestrian)
Secondary Permitted Open Space Uses:
• Food Service, including restaurants and cafes
• Retail Sales of Goods and Products Related to a Primary Permitted Use
• Public Events and Activities Related to Promoting a Primary Permitted Use
ES Mason, Carlsbad, came forward to address Council. Mr. Mason expressed his desire to see
the property bordering the Agua Hedionda Lagoon be used as a family oriented water activities.
Charles Watry, Carlsbad, came forward to address Council. Mr. Watry also spoke in support
making Agua Hedionda Lagoon more accessible for family water activities by designating the
entire lagoon a City park.
Mayor Lewis explained that although the City patrols the Agua Hedionda Lagoon, the lagoon
area is actually owned by the State Lands Commission and NRG, Inc. He further explained that
several years ago the City considered creating a family oriented water area on the Lagoon;
however, had not moved forward because of the possible liability issues for the City. Mayor
Lewis stated that perhaps the City will revisit the idea of designating the Agua Hedionda Lagoon
a city park.
Chris Caulkins, President of Carltas Company came forward to address Council. Mr. Caulkins
expressed concerns regarding the viability of the permitted uses selected by the Proposition D
Committee for the Cannon Road properties. He explained that the land in question is privately
owned and is under strict zoning regulations.
September 23, 2008 Carlsbad City Council Meeting Page 6
Mr. Caulkins stated that resolving the issues would require the engagement of all stakeholders.
He expressed the need for City Staff to realize this area will need special consideration.
Council discussion ensued in support of Mr. Caulkins' suggestion of involving all stakeholders in
the decision making process to ensure the best use of the agricultural and open space land.
In response to an inquiry from Council Member Hall, Mr. Barberio explained that the next step in
the process is to develop zoning and land use regulations, which will expand agricultural uses
and open space uses.
Council concurred to review the feasibility of designating the lagoon area as a family oriented
water attraction.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-268. accepting the Report of the Comprehensive
Planning and Community Engagement Process to Implement Proposition D
for the Cannon Road Agriculture and Open Space Lands and disbanding
the seven-member Citizens Liaison Committee; and,
Adopted RESOLUTION NO. 2008-269. directing staff to prepare the zoning
and related land use document amendments necessary to implement
Proposition D.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
RECESS:
Mayor Lewis declared a recess at 7:20 p.m. Council reconvened at 7:26 p.m., with five
members present.
Council concurred to hear Public Comments at this time.
PUBLIC COMMENT:
Michele Levy, Carlsbad, came forward to address Council regarding the Farmer's Insurance
Building. Ms. Levy suggested selling that building and using the proceeds to fund Alga Norte
Park. She also spoke in support of the development of a Master Plan for the Carlsbad Fire
Department.
Heidi Willes, Carlsbad, came forward to address Council. Ms. Willes spoke in support of
Proposition 8, the Marriage Protection Initiative, which will be on the November 4, 2008 ballot.
Erica Cabacungan, Carlsbad, came forward to address Council. Ms. Cabacungan also spoke
in support of Proposition 8.
Thomas Dempsey, Oceanside, came forward to address Council. Mr. Dempsey requested that
the Council consider allowing the access gate on Mira Monte Drive be opened for a period of
time in the mornings and in the afternoons to allow parents access in and out of the
neighborhood to drop off and pick up their children at the nearby Calavera Hills Elementary
School. He explained that allowing access during this time will alleviate traffic congestion on
College Boulevard South and Tamarack Avenue.
September 23, 2008 Carlsbad City Council Meeting Page 7
James Courtney, Carlsbad, came forward to address Council. Mr. Courtney requested that the
Council administratively add an item to a future agenda to reconsider the vote regarding the
Carlsbad Boat Club Project. Mr. Courtney explained that the Council's decision at the
September 16, 2008 Public Hearing denying the appeal with prejudice has essentially
eliminated the project all together. In conclusion, Mr. Courtney asked that the Council
reconsider the project at the next Council meeting and if the Council still chooses to deny the
appeal, to please deny the appeal without prejudice.
Assistant City Attorney Jane Mobaldi stated that since the proposed Boat Club Project Appeal
was denied with prejudice, the applicants are now required to return with a new application and
will need to pay all applicable fees associated with a new application should the owners choose
to move forward with a new project at a later date. She further explained that the Council could
vote this evening on whether or not to have the item brought back to council at an upcoming
meeting. She stated that the Council could then discuss possibly repealing the previous action
taken denying the appeal with prejudice and then could reconsider the Project.
ACTION: Council member Packard made a minute motion, seconded by Council
Member Hall, to have the Boat Club Project Appeal denial returned to an
upcoming Council meeting for consideration.
AYES: Hall and Packard.
NOES: Lewis, Kulchin and Nygaard.
ABSENT: None.
This motion failed due to lack of a majority.
ORDINANCES FOR INTRODUCTION:
8. AB #19,591 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE EFFECTIVE
DATE OF ORDINANCES.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-009. adding Section 1.20.610 to Title 1 of the
Carlsbad Municipal Code regarding the effective date of ordinances.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
9. AB #19.585 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON LIONSHEAD AVENUE.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-008. amending Title 10, Chapter 10.44, of the
Carlsbad Municipal Code by the addition of Section 10.44.850 to establish
a prima facie 50 mile per hour speed limit on Lionshead Avenue from
Melrose Drive to the east city limit.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
September 23, 2008 Carlsbad City Council Meeting Page 8
10. AB #19.592 - AMEND THE CARLSBAD MUNICIPAL CODE REGARDING THE
REGULATION OF FATS. OILS AND GREASE.
Council Member Hall stepped down from the dais at 7:57 p.m. due to a potential conflict of
interest, owning a restaurant in Carlsbad.
Public Works Manager Cari Dale and Public Works Superintendent Don Wasko presented the
staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Nygaard, Mr. Wasko explained that the creation
of this Ordinance is in response to a State ordered mandate enacted to lessen the impact of
fats, oils and grease on sewer systems. Mr. Wasko further explained that approximately 25% to
30% of sewer problems are caused by fats, oils and grease.
Ms. Dale explained to Council that the State mandated timeline for adopting the fats, oils and
grease ordinance is the beginning of November of this year, and, if the Council were to delay
adoption of the ordinance, the City will not be in compliance with the State mandate.
In response to an inquiry from Mayor Lewis, Ms. Dale explained that if an existing establishment
performs a remodel valued at $50,000 or more, the establishment will then be subject to the
guidelines of installing an appropriate sized grease control device as described in the
Ordinance.
Thomas K. Arnold, Carlsbad, came forward to address Council. Mr. Arnold expressed concerns
relating to the potential impacts the proposed Ordinance could have on restaurants in the
Village area. He explained that rather than penalizing the restaurants with mandates of
installing expensive equipment, the City should be doing more to help the small businesses.
Michael Babawal, representing the Carlsbad Chamber of Commerce, came forward to address
Council. Mr. Babawal presented a letter to Council (on file in the Office of the City Clerk)
requesting that the Council delay introducing the Ordinance until a fee schedule and criteria for
variances and waivers has been established.
Alan Wanamaker, Carlsbad, came forward to address Council. Mr. Wanamaker stated that the
mandate by the State does not specify the types of devices that are to be utilized to implement
the Fats, Oils and Grease Ordinances. He asked that Council direct staff to review the
feasibility of allowing the installation of large grease traps in lieu of the much more expensive
grease interceptors as defined in the Ordinance for establishments that generate larger
amounts of fats, oils and grease.
In response to an inquiry from Council Member Packard, Mr. Wasko explained that a grease
interceptor is a device that is typically installed at a food service establishment where large
amounts of fats, oils and greases are released into the sewer system. He further explained that
an interceptor is installed outside of the establishment and a grease trap is a smaller device
installed within the food service establishment.
Council discussion ensued regarding the need to move forward with the Ordinance to be in
compliance with the State mandate.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
September 23, 2008 Carlsbad City Council Meeting Page 9
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-010. amending Title 13 of the Carlsbad Municipal
Code by the revision of Sections 13.04.010 and 13.04.050, and by the
addition of Section 13.06 establishing a Fats, Oils and Grease (FOG)
Control Program.
AYES: Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Hall.
Council Member Hall returned to the dais at 8:30 p.m.
ORDINANCE FOR ADOPTION:
11. AB #19.586 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
ORDINANCE NO. CS-007. amending Title 10, Chapter 10.44, of the
Carlsbad Municipal Code by amending Section 10.44.320 to establish a
prima facie 45 mile per hour speed limit on Faraday Avenue from Orion
Street to the east city limit.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER
DISTRICT
Mayor Lewis adjourned to the Special Meeting of the Municipal Water District at 8:31 p.m. with five
Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Housing and Redevelopment Commission and
reconvened the City Council Meeting at 8:57 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15.AB #19.587 - REPORT ON COMPREHENSIVE PLANNING AND COMMUNITY
ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D.
This item was heard immediately following the Consent Calendar items.
September 23, 2008 Carlsbad City Council Meeting Page 10
16. AB #19.588 - PARKS AND RECREATION COMMISSION APPOINTMENTS.
ACTION: On a motion by Mayor Lewis, Council adopted
RESOLUTION NO. 2008-270. re-appointing Denny Cooper
to the Parks and Recreation Commission; and,
Adopted RESOLUTION NO. 2008-271. appointing Diane Proulx to the
Parks and Recreation Commission; and,
Adopted RESOLUTION NO. 2008-272. appointing Jim Farley to the Parks
and Recreation Commission.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
17. AB #19,589 - ARTS COMMISSION APPOINTMENT.
ACTION: On a motion by Mayor Lewis, Council adopted
RESOLUTION NO. 2008-273, appointing Cynthia Millsap
to the Arts Commission.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
18. AB #19.590 - SISTER CITY COMMITTEE APPOINTMENTS.
Council concurred to return Resolution Nos. 2008-274 and 2008-277 to staff.
ACTION: On a motion by Mayor Lewis, Council adopted
RESOLUTION NO. 2008-275. appointing Tom Hersant
to the Sister City Committee; and,
Adopted RESOLUTION NO. 2008-276. appointing Edna Gibson to the
Sister City Committee.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ANNOUNCEMENT:
Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and
may be participating in the following events:
Friday, October 3, 2008 at 6:00 p.m.
City of Carlsbad Annual Boards and Commissions Appreciation Event
Sheraton Carlsbad
5480 Grand Pacific Drive
Carlsbad, California
Carlsbad City Council MeetingSeptember 23, 2008
ADJOURNMENT:
By proper motion, the Regular Meeting of September 23, 2008 was adjourned at 9:08 p.m.
Page 11
City Clerk
Sheila R. Cobian
Deputy City Clerk