HomeMy WebLinkAbout2008-12-16; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: December 16, 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 Blackburn.
Absent: None.
LEGISLATIVE INVOCATION:
Pastor Doug Kelly, Christ Presbyterian Church offered the Legislative Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the Pledge of Allegiance.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Aaron Byzak, President of the North Coastal
Prevention Coalition, for Recognition as the 2008 American Community Anti-Drug
Coalition.
Mayor Lewis presented a Proclamation to Gary Hill in Recognition of his ten years of
service as leader of the City Trail Volunteers.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of
the Consent Calendar, Item Nos. 1 through 11 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
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 #19.668 - ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS AND SPECIAL
TAXES.
Council adopted RESOLUTION NO. 2008-329. making certain findings regarding
the collection and expenditure of developer fees and special taxes, pursuant to
Government Code Sections 50075, 66001 and 66006.
December 16, 2008 Carlsbad City Council Meeting Page 2
2. AB #19.669 - AUTHORIZE TRANSFER OF FUNDS BETWEEN TRANSNET
PROJECTS.
Council adopted RESOLUTION NO. 2008-330. authorizing the transfer of excess
interest earnings from TransNet Projects 9005-3, 3557-1 and 3920-1, and the
remaining balance in Project 3899-1 to Transnet Project 6001-1 as per SANDAG
Board Policy No. 31
3. AB #19.670 - ANNEXATION OF TERRITORY TO STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 2.
Council adopted RESOLUTION NO. 2008-331. ordering the annexation of the
Robertson Ranch Development to Street Lighting and Landscaping District No. 2,
Zone 10, and confirming the levy of assessments.
4. AB #19.671 - AUTHORIZE REFUND OF BUSINESS LICENSE TAX.
Council adopted RESOLUTION NO. 2008-332. authorizing a refund of an
overpayment of business license tax to AE Gems.
5- AB #19.672 - AMENDMENT TO GENERAL PLAN.
Council adopted RESOLUTION NO. 2008-333. approving the third amendments in
2008 to the Land Use Element and Open Space and Conservation Element of the
General Plan consisting of two projects known as the Adams Street Subdivision,
GPA 06-08, and Robertson Ranch Planning Area 14, GPA 08-01.
6. AB #19.673 - STREET VACATION AND APPROVE FINAL MAP FOR LA COSTA
RIDGE NEIGHBORHOOD 2.6.
Council adopted RESOLUTION NO. 2008-334. summarily vacating a portion of
Melrose Drive, STV 07-02; and, RESOLUTION NO. 2008-335. approving the Final
Map for La Costa Ridge Neighborhood 2.6 and authorizing the Final Map for CT 05-
13 to be recorded.
7. AB #19.674 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2008-336. accepting bids and awarding a
contract to Valley Coast Construction, Inc., for the construction of the Event Area
Expansion at Leo Carrillo Ranch Historic Park, Project No. 45031.
8- AB #19.675 - NOTICE OF COMPLETION OF THE 2007 SLURRY SEAL
PROJECT.
Council adopted RESOLUTION NO. 2008-337. accepting the construction of the
2007 Slurry Seal Project as complete, and directing the City Clerk to record a
Notice of Completion, Project No. 3667-14.
9. AB #19.676 - NOTICE OF COMPLETION OF CARLSBAD OAKS NORTH-EL
FUERTE STREET.
Council adopted RESOLUTION NO. 2008-338. accepting the construction of
Carlsbad Oaks North-El Fuerte Street as complete, and directing the City Clerk to
record a Notice of Completion, Project No. CT 97-13.
December 16,2008 Carlsbad City Council Meeting Page 3
10. AB #19.677 - NOTICE OF COMPLETION OF CARLSBAD OAKS NORTH-
FARADAY AVENUE.
Council adopted RESOLUTION NO. 2008-339. accepting the construction of
Carlsbad Oaks North-Faraday Avenue as complete, and directing the City Clerk to
record a Notice of Completion, Project No. CT 97-13.
11. AB #19.681 - DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2008-342. declaring a state of local
emergency resulting from the formation of a sinkhole on December 5, 2008, at
2550 Carlsbad Boulevard, Project No. 3624.
PUBLIC COMMENT:
Kristianne Kurner, representing New Village Arts, came forward to address Council. Ms.
Kurner explained that New Village Arts in Carlsbad was named Best Theater in San Diego
by San Diego Magazine.
Kerry Siekmann, Carlsbad, came forward to address Council. Ms. Siekmann spoke in
opposition to the proposed construction of a new power plant in Carlsbad. Ms. Siekmann
stated that many residents do not know about the proposal and asked the Council to start
a campaign to inform residents.
Ray Pearson, Carlsbad, came forward to address Council. Mr. Pearson stated that
Carlsbad High School's Chamber Orchestra has been invited to perform at Carnegie Hall
in New York this spring. Mr. Pearson stated that a benefit concert to help students raise
money for the trip will be held February 11, 2009.
In response to an inquiry from Council Member Kulchin, Mr. Pearson stated that additional
information can be obtained by calling Marina Hall, Orchestra Director for Carlsbad High
School at 760-331-6104.
Hank Ryan, Capitola, California, came forward to address Council. Mr. Ryan presented
information regarding a new loan program offered to small business owners by SoCal Gas
and San Diego Gas and Electric to finance light retrofits.
In response to an inquiry from Council, Mr. Ryan stated that he could be reached at 510-
459-9683 for further details.
Diane Nygaard, representing Preserve Calavera, came forward to address Council. Ms.
Nygaard asked Council to allocate the remaining Proposition C funds for the purchase of
open space and trails.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL
WATER DISTRICT
Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at
6:34 p.m. with five Council Members present.
December 16, 2008 Carlsbad City Council Meeting Page 4
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Public Financing Authority and
reconvened the City Council Meeting at 7:59 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15.AB #19.679 - PRESERVE MANAGEMENT PLAN AND PRESERVE MANAGER
AGREEMENT.
Mike Grim, Senior Planner, gave the staff report and reviewed a PowerPoint Presentation,
(On file in the Office of the City Clerk). Mr. Grim gave an overview of the Habitat
Management Plan needed for 13 City owned properties that cover 600 acres.
In response to an inquiry from Council Member Hall, Mr. Grim stated that in North County,
no other agency has a certified Habitat Management Plan (HMP) and that in San Diego
County only the City of San Diego, the City of Chula Vista, the City of Poway and the
County of San Diego have an approved HMP.
In response to an inquiry from Council Member Hall, Mr. Grim stated that over the course
of the contract, not to exceed three years, an aggressive effort will be made to remove
invasive species. Mr. Grim also stated that in an effort to save on expenses, volunteers
such as members of the Carlsbad Watershed Network will be sought to help with some of
this work.
In response to an inquiry from Council Member Packard regarding the qualifications of the
Center for Natural Land Management (CNLM), Mr. Grim stated that CNLM manages
preserves of varying sizes statewide. Mr. Grim also stated that CNLM has a proven track
record and their selection has been supported by the U.S. Fish and Game and the
California Department of Fish and Game.
Mark Steyaert, Parks Development Manager, came forward to respond to an inquiry from
Mayor Lewis regarding property in the Macario canyon area. Mr. Steyaert stated that the
property is not the same property that is leased from San Diego Gas and Electric, which is
on the south shore of Agua Hedionda Lagoon.
David Mayor, representing California Department of Fish and Game and U.S. Fish and
Wildlife Service, came forward to address Council. Mr. Mayor stated that in January of
2007 legislation was passed that required land managers to be certified by the State. Mr.
Mayor also stated that CNLM has been certified by the State of California to hold
endowments.
Diane Nygaard, representing Preserve Calavera, came forward to address Council. Ms.
Nygaard spoke in support of adopting the Preserve Management Plan. She stated that
this project only covers 600 of the 7,000 acres of natural open space that should be
included in the plan. Ms. Nygaard stated that a critical issue in preserving habitat is
enforcement.
December 16, 2008 Carlsbad City Council Meeting Page 5
Mayor Pro-tern Kulchin read into the record part of a letter dated December 16, 2008,
submitted by the California Department of Fish and Game and the U.S. Fish and Wildlife
Service as follows (on file in the Office of the City Clerk:
"As you know, the Wildlife Agencies have been working with the City to review the
Preserve Management Plan and support the adoption of these two resolutions.
Bringing CNLM on board as the HMP Preserve Manager and adopting the Preserve
Management Plan will be an important step towards fulfilling the requirements
stipulated in the HMP Implementing Agreement, and will enhance and protect
Carlsbad's biological resources. We appreciate the work that the City has done to
finalize this, and other obligations of the HMP."
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-340. accepting the Preserve Management
Plan for the maintenance, management and monitoring of City owned
Habitat Management Plan Preserve Lands; and,
Adopted RESOLUTION NO. 2208-341. approving an agreement
with the Center for Natural Lands Management as Preserve
Manager for the maintenance, management and monitoring of City
owned Open Space properties within the Habitat Management Plan
Preserve.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
16.AB #19.678 - CITIZEN REQUEST FOR REMOVAL OF STOP SIGNS AT EL FUERTE
STREET AND CHORLITO STREET.
Jeff Painter, Carlsbad, gave a presentation and requested the removal of stop signs at El
Fuerte Street and Chorlito Street. Mr. Painter stated that he believes the stop signs are
unnecessary and a nuisance.
Bob Lattin, Carlsbad, came forward to address Council. Mr Lattin stated that at the
request of 200 area residents, the stops signs at El Fuerte Street and Chorlito Street were
installed. Mr. Lattin stated that the stop signs have acted as a traffic calming device, have
alleviated inadequate line of sight distance at the intersection and have stopped the
unauthorized use of El Fuerte Street as a truck route. Mr. Lattin stated his desire that the
stop signs remain in place.
Dwight Johnson, Carlsbad, came forward to address Council. Mr. Johnson spoke in
support of keeping the all way stop at El Fuerte Street and Chorlito Street.
Mary Sarnecky, Carlsbad, came forward to address Council. Ms. Sarnecky spoke in
support of keeping the all way stop at El Fuerte Street and Chorlito Street in place. Ms.
Sarnecky asked for additional improvements to El Fuerte Street.
In conclusion, Ms. Sarnecky stated that the road has heavy pedestrian traffic and no
sidewalks and requested a traffic study be done.
December 16, 2008 Carlsbad City Council Meeting Page 6
Robert Woelffer, Carlsbad, came forward to address Council. Mr. Woelffer also spoke in
support of keeping the all way stop at El Fuerte Street and Chorlito Street.
Laurelle Hiroshige, Carlsbad, came forward to address Council. Ms. Hiroshige spoke in
support of removing the stop signs at El Fuerte Street and Chorlito Street and asked that
Council follow the recommendation of the City Traffic Engineers who previously advised
that the stop signs were not warranted.
Council Member Kulchin stated that she supported the stop signs remaining in place.
Council Member Hall stated that many hearings and discussions were held prior to
deciding to put the stop signs in place and that he is comfortable with the Council's
previous decision.
Council Member Packard acknowledged that the City Traffic Engineer had previously
advised that the stop signs were unnecessary but that there were also extenuating
circumstances and an unanimous decision was reached. Council Member Packard also
stated that since there have not been changes to the circumstances surrounding these
stop signs he supports keeping the all way stop at El Fuerte Street and Chorlito Street.
Council Member Blackburn stated that he believes the stop signs are well placed.
Mayor Lewis stated he believes there is a safety factor involved and that the stop signs are
necessary.
Council concurred to take no action on the item.
17. AB #19.680-ANNUAL REPORT OF INVESTMENT PORTFOLIO.
Harold "Mac" McSherry, City Treasurer, gave a PowerPoint Presentation, (on file in the
office of the City Clerk).
Council discussion ensued regarding the National, State and local economy.
In response to an inquiry from Council Member Packard regarding city owned assets, Jim
Elliott, Deputy City Manager came forward to address Council. Mr. Elliott stated that the
City of Carlsbad has $1.8 billion worth of assets and only The Crossings at Carlsbad golf
course has outstanding debt.
By consensus, Council accepted the report.
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.
December 16, 2008 Carlsbad City Council Meeting Page 7
ANNOUNCEMENTS:
Karen Kundtz, Assistant City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Wednesday, December 17, 2008-11:00 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Administration Center
1635 Faraday Avenue
Carlsbad, California
Thursday, December 18, 2008-6:30 a.m.
City of Carlsbad Annual Employee Holiday Event
La Costa Resort
2100 Costa Del Mar Road
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of December 16, 2008 was adjourned at 9:22 p.m.
:, CMC
Assistant City Clerk
Morgen Fry
Minutes Clerk