HomeMy WebLinkAbout2006-07-18; City Council; Minutes (3)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: July 18, 2006
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, Hall, Kulchin, Packard and Sigafoose.
Absent: None.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the Invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tern Hall led the Pledge of Allegiance.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of
the Consent Calendar, Items #1 through #6 as follows:
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #18.649 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2006-198. accepting donations for Fiscal
Year 2005-2006 from members of the community and the Citizen's Academy for
park memorial benches and trees.
2- AB #18.650 - DISADVANTAGED BUSINESS ENTERPRISE (QBE) PROGRAM.
Council adopted RESOLUTION NO. 2006-199. approving the proposed
revisions to the City of Carlsbad's DBE Program as contained within City Council
Policy Statement No. 67 to be consistent with changes recently enacted by
Caltrans regarding the DBE Program.
July 18, 2006 Carlsbad City Council Meeting Page 2
3- AB #18.651 - FINAL MAP FOR OCEAN MIST CONDOMINIUMS.
Council adopted RESOLUTION NO. 2006-200. approving the final map for
Ocean Mist Condominiums, CT 04-18, and authorizing the map to be recorded.
4. AB #18.652 - FINAL MAP FOR YAMAMOTO SUBDIVISION.
Council adopted RESOLUTION NO. 2006-201. approving the final map for
Yamamoto Subdivision, CT 04-01, and authorizing the map to be recorded.
5- AB #18.653 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2006-202. accepting the construction of the
traffic signal at Carlsbad Village Drive and Glasgow Drive, Project No. 3917-1,
as complete, and directing the City Clerk to record the Notice of Completion.
6. AB #18.654 - RE-BID REPAIRS AND IMPROVEMENTS FOR LEO CARRILLO
RANCH.
Council adopted RESOLUTION NO. 2006-203. rejecting all bids for erosion
repairs and drainage improvements for Leo Carrillo Ranch Historic Park, Project
No. 45011, authorizing the advertisement for re-bidding the project, and
approving plans, specifications, and the appropriation of additional funds.
ORDINANCE FOR INTRODUCTION:
7. AB #18.656 - ESTABLISH A PRIMA FACIE SPEED LIMIT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced
ORDINANCE NO. NS-812. amending Title 10, Chapter 10.44, of
the Carlsbad Municipal Code by the addition of Section 10.44.770
to establish upon Camino Junipero a prima facie 45 mile per hour
speed limit from Rancho Santa Fe Road to its intersection with
Avenida Amapola.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
July 18,2006 Carlsbad City Council Meeting Page 3
ORDINANCES FOR ADOPTION:
8. AB #18.657 - LA COSTA RESORT LOT LINE ADJUSTMENT.
City Attorney Ron Ball titled the Ordinances.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
ORDINANCE NO. NS-809. amending Section 21.05.030 of the
Carlsbad Municipal Code by an Amendment to the Zoning Map to
grant a Zone Change, ZC 05-06, to change the Zoning Designation
on multiple properties from Planned Community to Residential
Single-Family, 7,500 square foot lot size minimum on lands
generally located east of El Camino Real between Alga Road and
La Costa Avenue in Local Facilities Management Zone 6; and,
Adopted ORDINANCE NO. NS-810. approving the La Costa
Resort and Spa Master Plan Amendment to modify the boundaries
of the Master Plan and approve Land Use and Zoning Map
changes to the La Costa Master Plan on lands generally located
east of El Camino Real between Alga Road and La Costa Avenue
in Local Facilities Management Zone 6.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
PUBLIC COMMENT:
William D. Griffith, 2728 Waterbury Way, Carlsbad, came forward to address Council.
Mr. Griffith expressed concerns relating to the employment of undocumented
immigrants and requested that the Council take action to ensure that the citizen's of
Carlsbad do not hire undocumented immigrants.
Michele Levy, 3021 Highland Drive, Carlsbad, inquired as to the intended use of the
City owned building formerly known as the Farmers Insurance Building.
Joe Nunez, 3953 James Drive, Carlsbad, came forward to address Council on behalf of
the Carlsbad Softball Association Girls 16 and Under Team, "Carlsbad Aces". Mr.
Nunez stated that the team recently won 2nd place in a Tournament and now has the
opportunity to participate in a National Tournament held in Texas.
Mr. Nunez asked that the Council consider a financial contribution to assist the team in
raising the $20,000 needed to participate in the National Tournament in Texas.
Mayor Lewis suggested that Mr. Nunez send a letter to the City Council outlining the
needs of the team.
July 18, 2006 Carlsbad City Council Meeting Page 4
Council Member Kulchin requested that the letter also contain information relating to
the amount of money the team has raised thus far.
Joyce Wise, 6058 Paseo Salinero, Carlsbad, came forward to address Council.
Reading from a letter distributed to the City Council (on file in the Office of the City
Clerk), Ms. Wise expressed concerns relating to the types of vendors and the
possibility of extended hours at the Village Farmer's Market on Wednesdays and
Saturdays.
Ms. Wise further explained that a number of the vendors do not sell produce or flowers
and that the hours of operation including set up and closing negatively impact local
merchants on Roosevelt Street.
PUBLIC HEARING:
9. AB #18.658-VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17.
Assistant Planner Corey Funk presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mr. Funk reviewed the location of the project property and the various architectural
styles being proposed for the development.
Jack Henthom, Jack Henthom and Associates, 5365 Avenida Encinas, Carlsbad, came
forward to address Council on behalf of the applicant, Warmington Homes.
Mr. Henthorn reviewed a brief PowerPoint presentation (not on file in the Office of the
City Clerk), illustrating the various floor plans and architectural styles proposed for the
project.
Mayor Lewis opened the duly noticed Public Hearing at 6:30 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:30 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2006-205. approving an Amendment to
Planned Development Permit PUD 04-08(A) to approve building
floor plans, elevations and plotting on 107 single-family detached
homes on property generally located on Estrella De Mar Road,
south of Poinsettia Lane, west of El Camino Real, east of Alicante
Road, north of Alga Road and within Local Facilities Management
Zone 10.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
July 18,2006 Carlsbad City Council Meeting Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. AB #18.659 -REPORT ON CITIZEN INITIATIVE.
City Attorney Ron Ball and Jim Simon of Rosenow Spevacek Group, Inc. (RSG),
reviewed a PowerPoint presentation (on file in the Office of the City Clerk) and
presented the staff report.
Mr. Ball gave a summary of the Elections Code relating to 9212 Reports. He explained
that the report was prepared to analyze various impacts of the Initiative entitled "Save
the Strawberry and Flower Growing Fields Act of 2006".
Mr. Ball also commented that the Initiative Ordinance zoning process is different from
that of a developer or property owner submitted application. He further explained that
when a developer requests a zone change, the process involves an extensive staff
review, CEQA evaluation and the Public Hearing process for citizen input. He
commented that the "Save the Strawberry and Flower Growing Fields Act of 2006"
would amend the City's General Plan and would establish a Coastal Agricultural
designation without the benefit of extensive staff review, CEQA evaluation and the
Public Hearing process.
Mr. Ball stated that a landowner can challenge the initiative Ordinance and that the City
had received a letter dated July 13, 2006 from Sempra Energy (on file in the Office of
the City Clerk) expressing various concerns relating to legal issues as a result of the
proposed Initiative Ordinance.
In conclusion, Mr. Ball explained that if two or more initiative measures were placed on
the ballot, the measure with the highest number of votes would be enacted.
Jim Simon of Rosenow Spevacek Group, Inc. reviewed the potential Fiscal Impacts of
the "Save the Strawberry and Flower Growing Fields Act of 2006".
Mr. Simon explained that the Fiscal Impact Report identified that the Initiative could
have the following impacts on the City of Carlsbad:
• One time and implementation costs ranging from $28.5 o $36.5 million, including
possible acquisition costs and unmitigated development fee losses
• Net annual losses to the City's General Fund, the Redevelopment Fund, and the
Tourism Business Improvement District ranging from $2.8 to $3.0 million
• Lost potential of attracting between 902 and 926 jobs to the City
• Lower funding for redevelopment and affordable housing projects in the South
Carlsbad Coastal Redevelopment Project Area
Michele Levy, 3021 Highland Drive, Carlsbad, expressed concerns relating to the way
in which funds are expended in the City.
July 18,2006 Carlsbad City Council Meeting Page 6
Claudia Carrillo, Public Affairs Manager for San Diego Gas & Electric, 8330 Century
Park Ct, San Diego, came forward to address Council. Ms. Carrillo suggested that the
citizen's of Carlsbad carefully consider all the potential negative impacts on the City if
the "Save the Strawberry and Flower Growing Fields Act of 2006" initiative or a City
sponsored initiative were to pass.
Dee Ann Gee, 2727 Spokane Way, Carlsbad, came forward to address Council. Ms.
Gee commented that the Report was not balanced and was based on assumptions
presented as fact.
Ms. Gee stated that the Report did not address the following positive impacts of the
"Save the Strawberry and Flower Growing Fields Act of 2006" initiative:
• Contributing to balanced land use
• Increasing tourism
• Providing revenue and supplying product
• No impact on schools, fire and police
Dustin Johnston, 3981 Garfield, #B, Carlsbad, came forward to address Council. Mr.
Johnston spoke of the benefits of agricultural zoning. Mr. Johnston also commented
that the Report does not address the economic value of farmland.
Mr. Johnston further stated that there are various individuals along with State and
Federal agencies who are interested in forming a trust to purchase the land.
In response to an inquiry from Council Member Packard, Mr. Johnston stated that he
had previously discussed the economic viability of agriculture in the area known as the
strawberry and flower fields with Eric Larson, the Executive Director of the San Diego
County Farm Bureau.
Council Member Packard commented that Mr. Larson had previously indicated that
farming of strawberries in the area would not be economically viable in the long term.
Mayor Pro Tem Hall requested that Mr. Johnston provide a written list of the individuals
and agencies interested in purchasing the land to be held in a trust.
Ron Alvarez, 354 Oak Avenue, commented that the Fiscal Impact Report being
reviewed by Council is based on assumptions and stated that he would like to see the
fields zoned as agriculture forever.
Michael Bovenzi, 343 Oak Avenue, Carlsbad, came forward to address Council. Mr.
Bovenzi commented that the Report presented to Council seemed to be biased and did
not address any of the positive aspects of the proposed Initiative.
Mayor Pro Tem Hall requested that City Attorney Ron Ball clarify paragraph five on
page five of sixteen in the Section 9212 Report regarding the possibility of litigation.
July 18,2006 Carlsbad City Council Meeting Page?
Mr. Ball explained that Council will have the responsibility of weighing evidence much
like a court would to determine whether or not there was a taking of property rights if
the initiative were to pass. Mr. Ball further explained that those determinations are
normally made by a court; however, the "Save the Strawberry and Flower Growing
Fields Act of 2006" initiative would place the burden on the City Council.
Mr. Ball commented that if it were determined there was a taking of property, the City
would be responsible for the property owners attorney fees. If the Council decides
there is a taking and amends the Ordinance, the City could then be subject to litigation
from the proponents of the Initiative.
Council Member Sigafoose commented that the Report was not balanced and that the
Report only addressed the worst case scenarios. She further commented that she
would not accept the Report.
Council Member Packard stated that the Report was unbiased and he could support
accepting the Report.
Council Member Kulchin stated that she appreciated the Fiscal Impact Report, and
stated that she, too, could support acceptance of the Report.
Mayor Pro Tern Hall also spoke in support of accepting the Report.
Mayor Lewis commented that could accept the Report.
ACTION: On a motion by Mayor Pro Tem Hall, Council accepted the
Elections Code Section 9212 Report on the "Save the Strawberry
and Flower Growing Fields Act of 2006" Initiative.
AYES: Lewis, Hall, Kulchin and Packard.
NOES: Sigafoose.
11- AB #18.660 - GENERAL MUNICIPAL ELECTION NOVEMBER 7. 2006.
Council concurred to continue this item to the Regular Council Meeting of July 25, 2006.
RECESS:
Mayor Lewis declared a recess at 8:01 p.m. Council reconvened at 8:10 p.m., with five
Council Members present.
This item was continued from the Council Meeting of July 11, 2006.
12. AB #18.647 - CHANGES TO REGULATIONS OF SPECIAL EVENTS.
Lieutenant Don Rawson and Community Services Officer III Lori Saar reviewed a
PowerPoint presentation (on file in the Office of the City Clerk) and presented the staff
report.
July 18, 2006 Carlsbad City Council Meeting Page 8
Mr. Rawson stated that the changes being proposed would address the following areas
of the Special Events Ordinance:
• Application Timelines - Maximum of two years / Minimum of 90 days
• Notifications - Applicant to host an "affected party" meeting 80 to 180 days prior to
event
• Sign Regulations
• Environmental Concerns - Recycling Requirements / Storm water run-off controls
• Freedom of Expression
• Violations and Penalties
• Approval Deadline - Approval/Denial of Special Event no later than 28 days before
event
In response to an inquiry from Council Member Sigafoose, Lieutenant Rawson
explained that under the new regulations an event with 50 or more attendees would be
considered a Special Event.
In response to an inquiry from Mayor Pro Tern Hall, Public Works Director Glenn Pruim
explained that the Special Event applicant is directed to establish the appropriate Best
Management Practices to control any possible water run-off into the storm water drains.
Gary Duerst, 155 Juniper Avenue, Carlsbad, came forward to address Council. Mr.
Duerst suggested that staff consider providing a preliminary document to an applicant
that would be less intimidating and easier to follow than the 26 page Special Events
Package.
Mr. Duerst also commented that the locations currently permitted for Special Events
signs should be re-evaluated. Currently there are only four locations, all of which are
north of Palomar Airport Road.
In response to an inquiry from Council, Mr. Rawson stated that if an event is fully
contained on private property and does not impact any public right-of-ways such as
streets, a Special Event Permit would not be necessary.
Council Member Sigafoose expressed concerns relating to the number of participants
being reduced from 1000 to 50 to trigger a need for a Special Event permit. She
commented that the reduction being proposed is significant.
Lieutenant Rawson explained that the number was reduced upon a recommendation
from the City Attorney's office.
Ms. Saar commented that of the 26 pages in the Special Event Package, 13 pages are
instructions.
In response to Mr. Duerst's comments relating to Special Event sign locations, Council
concurred that they would also like to see Special Event signage posted in the
southern portion of the City.
Council directed staff to present a recommendation to the City Manager regarding the
number and potential locations for Special Event signage south of Palomar Airport Road.
City Attorney Ron Ball titled the Ordinance.
July 18, 2006 Carlsbad City Council Meeting Page 9
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-811. repealing Chapter 8.17 of the Carlsbad
Municipal Code, regulating Special Events and adopting the new
Chapter 8.17 of the Carlsbad Municipal Code, amending Chapter
21.41 regulating Special Event signs and amending Chapter 1.08
making certain violations, such as holding Special Events without a
permit, interfering with a Special Event, or carrying potential
weapons at a Special Event, misdemeanors; and,
Adopted RESOLUTION NO. 2006196. amending City Council
Policy #65 aligning City Council Policy and the Carlsbad Municipal
Code regarding signs as they relate to Special Events.
AYES: Lewis, Hall, Kulchin, Packard and Sigafoose.
NOES: None.
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.
ANNOUNCEMENTS:
City Clerk Lorraine Wood announced that Council Members will be participating in the
following Special Meeting:
Wednesday, July 19, 2006 - 8:00 a.m.
City Council Workshop
1635 Faraday Avenue, Room 173A
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of July 18, 2006 was adjourned at 9:01 p.m. in
memory of former Council Member John Mamaux.
LORRAINE M. WOOD, CMC
City Clerk
Sheila Cobian
Deputy City Clerk