Video index
PLEASE NOTE: SOME AGENDA BILLS MAY TAKE SEVERAL MINUTES TO BE DISPLAYED.
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll Call: 5 members present, 0 members absent, 0 members excused.
Closed Session Announcement.
LEGISLATIVE INVOCATION:
Rev. Kelly
PLEDGE OF ALLEGIANCE:
Pac kard.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held June 26, 2007.
Minutes of the Joint Special Meeting held June 26, 2007.
Motion by Kulchin - Approved 5/0
8. AB #19,087 - AWARD OF CONTRACT. Accepting bids and awarding a contract for the construction of the Mira Monte Access Control Gate to Falcon Construction Company, Project No. PWS 07-05 ENG. Resolution No. 2007-183. ACTION:
AB 19,087
Moved to consent.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Items 2, thruough 6 plus 8 - moiton by Kulchin - Approved 5/0
Motion to Approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Items 2 through 6 and item numer 8 from Dept. Report. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Items 2 through 6 and item numer 8 from Dept. Report. (Approved)
WAIVER OF ORDINANCE TEXT READING
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,083 - ACCEPTANCE OF DONATION. Accepting a donation from the Friends of the Carlsbad Library and acknowledging a pledge of additional direct support for library programs. Resolution No. 2007-179. ACTION:
AB 19,083
Item pulled by Kulchin. Heather Pizzuto came forward to speak regarding donation.
Kulchin thanked Friends and Heather for all they do.
Motion by Kulchin - Approved 5/0
Library Director Heather Pizzuto explained that Friends support programs such as childrens, multi-cultural programs. Adds to libraries collections.
Motion to Approve 1. AB #19,083 - ACCEPTANCE OF DONATION. Accepting a donation from the Friends of the Carlsbad Library and acknowledging a pledge of additional direct support for library programs. Resolution No. 2007-179. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 1. AB #19,083 - ACCEPTANCE OF DONATION. Accepting a donation from the Friends of the Carlsbad Library and acknowledging a pledge of additional direct support for library programs. Resolution No. 2007-179. ACTION: (Approved)
2. AB #19,084 - ESTABLISH NEW MANAGEMENT CLASSIFICATION. Adopting the classification and salary for Deputy City Manager, and amending the Management Salary Structure and Conflict of Interest Code. Resolution No. 2007-180. ACTION:
AB 19,084
3. AB #19,085 - VACATION OF SLATER STREET. Declaring the intention to vacate Slater Place and a portion of a general utility and access easement on Lots 19-22 of Carlsbad Tract No. 02-15, Bressi Ranch, Map No. 14960, STV 06-04 (PIP 06-10), and setting a Public Hearing. Resolution No. 2007-181. ACTION:
AB 19,085
4. AB #19,086 - VACATION OF EMBARCADERO LANE. Declaring the intention to vacate a portion of Embarcadero Lane on Lot 5 of Carlsbad Tract 97-10, Poinsettia Properties, Map No. 13785, STV 06-06 (CT 04-11), and setting a Public Hearing. Resolution No. 2007-182. ACTION:
AB 19,086
5. AB #19,088 - NOTICE OF COMPLETION. Accepting the construction on the Pine Avenue Park Construction Project as complete and directing the City Clerk to record the Notice of Completion, Project No. 3802-2. Resolution No. 2007-184. ACTION:
AB 19,088
6. AB #19,089 - AMENDMENT TO AGREEMENT. Approving Amendment No. 2 to the agreement with RRM Design Group for site planning of a Police/Fire Training Center and Public Works Center, Project No. 3686. Resolution No. 2007-185. ACTION:
AB 19,089
ORDINANCE FOR INTRODUCTION:
7. AB #19,090 - ESTABLISH MEASUREMENT FOR SEWAGE GENERATED FROM THEME PARKS. To consider amending Title 13, by revising Chapter 13.10.020 of the Carlsbad Municipal Code to establish a measurement for sewage generated from theme parks. Introduction of Ordinance No. NS-849. ACTION:
AB 19,090
City Attorney Ron Ball titled the Ordinance.
Motion to Approve 7. AB #19,090 - ESTABLISH MEASUREMENT FOR SEWAGE GENERATED FROM THEME PARKS. To consider amending Title 13, by revising Chapter 13.10.020 of the Carlsbad Municipal Code to establish a measurement for sewage generated from theme parks. Introduction of Ordinance No. NS-849. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 7. AB #19,090 - ESTABLISH MEASUREMENT FOR SEWAGE GENERATED FROM THEME PARKS. To consider amending Title 13, by revising Chapter 13.10.020 of the Carlsbad Municipal Code to establish a measurement for sewage generated from theme parks. Introduction of Ordinance No. NS-849. ACTION: (Approved)
PUBLIC COMMENT:
A representative from Policewatch.org came forward to address Council. Expressed concerns relating to the number of minutes allowed during Public Comment. Expressed concerns relating to police accountability.
Lewis spoke in support of police and fire.
Adjourn to PFA
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
ADJOURNMENT TO THE PUBLIC FINANCING AUTHORITY MEETING
6:15 p.m.
CALL TO ORDER:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held May 22, 2007.
Minutes of the Special Meetings held June 12, 2007.
Minutes of the Special Meeting held June 19, 2007.
Packard abstained from the 22nd, Nygaard from 12 and 19 and Kulchin from the 19th
ROLL CALL:
DEPARTMENTAL REPORT:
1. AB #31 - REPORT ON STATUS OF THE CROSSINGS AT CARLSBAD GOLF COURSE. To receive an update on the opening of The Crossings at Carlsbad Golf Course. ACTION:
AB 31
Special Projects Director Skip Hammann came forward to review a staff report and PowerPoint (on file in the Office of the City Clerk).
Aviation fuel released and had to be removed by hazardous waste team.
Damage to cart paths. Proposing change to opening day schedule.
Staff recommending change community days to a different time.
Proposed changes - tee times next monday (july 23rd - for golf on Saturday August 11th and Carlsbad Community Days - August 8th through 10th.
Kulchin - possibly opening up to residents - Sunday, August 5th.
Lewis - Kemper called forward (Jeff Perry) - is possible if Council chooses.
Hall - confirmed that new schedule allows enough work days to get cart paths restored - grass and sodding completed also.
Packard - confirmed that this is a common practice to work around issue.
Council concurred to adjust schedule to allow community on August 5th. and to close on thursday August 9th.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
6:25 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. AB #19,091 - ADVERTISE FOR BIDS. Approving plans, specifications, artwork, and authorizing the City Clerk to advertise for bids for construction of Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2007-186. ACTION:
AB 19,091
Skip Hammann, Special Projects Director, came forward to address Council. Presented staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Reviewed Park Elements.
Reviewed Funding Sources.
End of presentation.
Arts Manager Peter Gordon called forward regarding approval of Art Elements.
Mr. Gordon explained that their are 5 elements drawn up for park. Explained screens (6 feet high) - a passage way - decorative element - Design is from swimming books - teaching people how to do different swim strokes. Will there be comments as to what they represent asked Lewis.
Pat Caughey called forward (Project Architect) came forward to address Council - Paul Hobson is artist who they collaborated with for project.
Stated that artwork is laser cut into cortenz steel - interpretive signage will be present.
Nygaard - on towells inbedded in ground - nervous about slippery surface. Would like to be sure that tiles are covered with something that will ensure people will not slip and fall.
Nygaard - two art projects would happen if funded by the public - Gordon - there are three other artistic elements - taken to arts commission and public already;however, money not being put forward at this time.
Packard - regarding parking issues. Instructional Pool - parking allocations during summer time for 23 spaces. Carl Pope - asked to come forward to address parking issue. Carl explained that it is anticipated that numbers for lessons - (6 teaching bays) per class.
Hall - where is the line item for grading - (included in construction estimate) per Hammann.
Hall - number for overall grading plan? Plummer called forward to answer Question. Plummer - different elements of grading - Hall - security addressed in estimate? Hammann - yes. Technology and needs may change however. Hall - on opening day there will be security? Hammann - prior to opening an analysis would be performed by Recreation.
In response to Hall - anticipated tht Parks and Recreation will operate pool.
Don Christiansen called forward to address Council. Don Christiansen, 3715 Longview Drive, would like to recommend that staff look at Ozone for biocide. Generated on site and degrades to stable oxygen.
Nygaard - complimented staff on work on project. Packard - Will not support any non-essential capital projects until more information on Charter City status. Hall - Will not support also. Kulchin - Will support - staff has done good job. Do not want to delay the project. Motion by Kulchin.
Motion to Approve 9. AB #19,091 - ADVERTISE FOR BIDS. Approving plans, specifications, artwork, and authorizing the City Clerk to advertise for bids for construction of Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2007-186. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Motion to Approve 9. AB #19,091 - ADVERTISE FOR BIDS. Approving plans, specifications, artwork, and authorizing the City Clerk to advertise for bids for construction of Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2007-186. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
10. AB #19,092 - SKATE PARK EXPANSION AT THE CARLSBAD SAFETY CENTER. To consider the Parks and Recreation Commission's request for an expansion to the existing Skate Park facility located at the Carlsbad Safety Center. ACTION:
AB 19,092
Mark Steyaert, Park Developement Manager presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk.)
Parks and REcreation Commission formed a sub-committee to review feasibility of additional skate parks in the City. In Feb. 07 - Sub-committee made presentation to full Commission - Commission asking that Council consider modular units at existing skatepark.
Displayed existing site. Recommending expansion on concrete and modular facilities.
Estimated costs are $550 to $770 thousand. Utilized numbers from some contractors provided by sub-committee. Would also take 18 to 24 months. Would need to add lighting as well. End of presentation.
Packard - what is the timing of anticipated safety center / pw expansion.
Skip Hammann - in regards to training facility - working with RM - finishing scope of work - Police / Fire Facility - Septemeber; PW Facility - will follow police and fire training facility. Packard - if things move forward with timeline as presented - when would skatepark have to be moved? Lewis - do not want to put skatepark in if it will need to be moved. Nygaard - any study of an additional skatepark. Steyaert - a lot of areas looked at during the initial skatepark installation - Steyaert - would take at least year to identify sites. Hall - at workshop will be looking at where we are on all of our facilities.
Need to look at overall plan.
Packard - in discussions with Parks Commission were they aware of 18 to 24 months required for the project. Steyaert - stated it was mentioned - were aware of possibility.
Nygaard - asking how much is in something that we would could be reusable - $250,000 for modular units.
Jim Craig, 1732 Blackbird Circle, Carlsbad, Chairman of Parks and Recreation Commission. Member of skatepark enhancement committee. Found sponsors - Alan Jones of HG Fenton Company offered $30,000 towards subsidizing modular units. Packard - would you like to address timing of project. Craig - casual conversaation relating to when things will occur at the safety center. If we knew it would be happening in two years, would probably not be before Council.
chad Berry, with Coast Recreation - displayed a design for potential skatepark. Display included all modular equipment. Total cost for modular equipment is $235,000 - $85,000 for concrete.
Packard - a large discrepancy in grading and concrete costs. Do you have a contractor lined up to move forward with $80,000. Yes - A license contractors Kulchin - what does $80,000 include - grading and concrete necessary.
Lewis - time commitment as far as permitting goes - almost two years? Steyaert - permitting will take between 6 and 10 months. In order to get permits, you need to have it designed.
Denny Cooper, 2104 Linda Lane, Parks and REcreation Commisioner - spoke in support of construction of skatepark.
Kulchin - lighting? Cooper - Did not know about going out a year and a half to two years. Lighting - were hoping that those poles could accept lites on the other side of the poles also.
New speaker - a child - get name and adddress. Spoke in support of expanded park.
Nygaard - need to address this issue. Since numbers are different - back to P&R Commission to get clearer on timeline and pricing.
Packard - agreed with Nygaard. More information and return to Council.
Lewis - time sequence needed for training and PW facility. Packard - additional site research. Hall - in support of additional site research and timelines of other parks. Kulchin - thanked Commissioners for work. Would like P&R commission to look at numbers.
Patchett - typically a commission recommends to council that something be done. Patchett - explained the Bid process and staffs obligations.
Recieve report, direct staff to find locations and review numbers.
Ask staff to provide numbers, look for alternate sites, return to Council with report. Nygaard - also look at timeing.
Motion to Approve 10. AB #19,092 - SKATE PARK EXPANSION AT THE CARLSBAD SAFETY CENTER. To consider the Parks and Recreation Commission's request for an expansion to the existing Skate Park facility located at the Carlsbad Safety Center. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 10. AB #19,092 - SKATE PARK EXPANSION AT THE CARLSBAD SAFETY CENTER. To consider the Parks and Recreation Commission's request for an expansion to the existing Skate Park facility located at the Carlsbad Safety Center. ACTION: (Approved)
5 minute break at 7:41 p.m.
Back from break at 7:47 p.m.
11. AB #19,093 - SUSTAINABILITY AND ENVIRONMENTAL GUIDING PRINCIPLES. To consider adopting the Carlsbad Sustainability and Environmental Guiding Principles. Resolution No. 2007-187. ACTION:
AB 19,093
THIS ITEM WAS CONTINUED FROM THE COUNCIL MEETING OF JUNE 19, 2007.
12. AB #19,045 - DRAFT HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE. To consider approving submission of the draft Housing Element for the 2005-2010 Housing Cycle to the State of California Housing and Community Development Department for initial review and comment. Resolution No. 2007-146. ACTION:
AB 19,045
Council concurred to move item forward.
Principal Planner Chris DeCerbo presented staff report and reviewed a PowerPoint Presentation (on file in the office of the City Clerk).
Gave an overview of Stte Housing Element Law
Kulchin - location of Canyon View? DeCerbo - Missing link of Poinsettia (Aviara)
Proposed Re-designated sites - distributed between 4 quadrants.
End of Presentation. Nygaard - why harder to deliver moderte than low? DeCerbo - 12 du per acre - in order to get 100 - you will need 9 acres of land. - due to number of dwelling units per acre. Nygaard - how many units to build out? DeCerbo - 8 to 10,000 units Nygaard - increasing density in downtown village area - how would that impact housing element as it moves forward. DeCerbo - if density were increased - could double number of dwelling units in Village area. Packard - confirmed that city could lose authority to issue permits if housing element does not conform to state law. Ball - court could fashion a remedy.
Ball - explained legal ramifications if housing element comes under review by state.
Lewis - Quarry Creek is currently zoned to have approximately 117 acres designated as residential. Lewis - SANDAG has Smart Growth Proposal - if we don't follow through - can SANDAG supercede us on building permits. Ball - Would depend on remedy fashioned by the courts. Difficult to predict outcome. Only happens as result of a challenge to our Housing Element. Will reverse presumption - will require us to go into court and justify Housing Element.
Lewis - lose funding from Sandag? Is there enough funding available? Hall - 18 cities competing in San Diego County. Lewis - any other large lands available? DeCerbo - have not found any that would be recommended at this time.
Hall - if the remainder of vacant land is opens space - is it considered open space? DeCerbo - Housing Element Law would require finding adequate developable lands.
Nygaard - at some point City will be built-out? DeCerbo - numbers will go down at that time.
RHNA numbers will go down; however, can ask if any area is redevelopable.
Ball - remedy can be no more funding or no more issuance of permits. Kulchin - display open space area on map Kulchin - confirmed that to start over in 2010 would require lower RHNA numbers.
Kulchin - what funds are we not eligible for due to not having a current housing element. Consultant called forward - (listen for her name). Explained that State is aware of jurisdictions doing this. Explained that lands need to be made available - RHNA will double each time cycle is not met.
New state law per consultant.
Lewis - if requirement is not met; we will then get more units.
Make more land available by rezoning and upzoning.
Shelley Hayes Carron, submitted comments - Maron Adobe in Carlsbad, asked that Quarry Creek Site be removed from Housing Element and Smart Growth Plan.
Expressed concerns relating to development of the area.
Rather than develop mine site; restore to open space.
Wants copies of all e-mails received regarding this item. Penny Johnson, 1360 Hillview Court, spoke against additional development in the Quarry Creek Area.
Spoke in support of increased developement in the downtown area.
Spoke about NC Times Editorial.
Brian Millich, Corky McMillian Companies, San Diego, in contract with Hanson to purchase acreage.
Support direction staff is headed.
Much of site will be preserved.
No one proposing to destroy the falls.
Kulchin - move falls north? Millich - no plans to move the falls - Hanson has plan to address Creek (in a degraded nature at this time). Through reclamation process creek, will be advanced and modified.
Hall - has city permitted Hanson's plans with carlsbad or oceanside? Millich - Oceanside is lead agency.
Darlene Wrigley, Costa Serena Senior Community, concerns relating to contaminated soil on Hanson property. Hazardous waste site must have signage. Has not seen any signs.
Expressed concerns to Oceanside - Carlsbad is agency to decide.
Lewis - whose jurisdiction? DeCerbo - will answer at the end.
Diane Nygaard, representing Preserve Calavera, came forward to address Counicfl (reviewed a PowerPoint - showed photos of falls, and creek. - see if we can get presentation.
Wendy Hinman, 180 Basswood, speaking on behalf of Historic Preservation Commission. Requesting that El Salto Falls and Buena Vista Creek Valley be preserved.
Liz Kreideneer, 3005 Cadencia Court, came forward to address Council. Area identified as number one area to be preserved. Affordable housing should be in areas that will do the most good - the heart of city.
Lewis - suggesting go to vote of public to increase density in some areas. Kreideneer - yes.
Bill Burger, representing Hanson Aggregates, owner of former Southcoast Quarry, to complete reclamation of Quarry Creek.
Hanson - must secure reclamation plan for the property to formerly close site. Any end use will be subject to the City of Carlsbad.
Any purchase of property wil be under constraints - protection of El Salto Falls. Reclamation plan must ensure long term preservation of falls.
Hanson will not take any action on Housing Element - Hanson does not have a reclamation plan at this time.
Kulchin - contaminated soil and no signs? Mr. Burger - soil on site does not fall under Prop 65 and does not require signage. Nygaard - not contaminated? Barb Welk, manageing remediation at site - have at least 2 years left for - no legal or technical basis to consider hazardous and ? Listen to this.
Kulchin - another 2 years? Welk - for passive remediation and spread it back out on the property. This is un related to reclamation plan. Nygaard - is site fenced? Borger of Hanson - not totally fenced. Ann Hallick, 1701 Tamarack Avenue, spoke in oppostion to plan with Quarry Creek Site.
Suggested increasing density in the City.
Suggested retrofitting shopping areas for housing above retail.
Don Christiansen, 3715 Longview Drive, Carlsbad, took accepting to being called Quarry Creek - Buena Vista Creek Valley. Spoke in support of preserving El Salto Falls and the Buena Vista Creek Valley.
Lewis - asked if Mr. Christiansen would support having Marron Road put through to Carlsbad if property purchased for open space? Christiansen - No.
Peg Crilly, 2330 Paseo Del Lora, Oceanside, requested that Quarry Creek Site be removed from the Housing Element.
Kulchin - Kohls and Wal Mart are in Oceanside . . are you aware?
Casey Cinciarelli, Lyons Court in Carlsbad, wants number of calls and e-mails on item. Educational disparities exist in Carlsbad.
Creating cluster of low and moderate income in Quarry Creek area will increase economic desparity in elementary schools. Requested that report be returned to staff.
Do better job of identifying sites city wide. Stop permitting developments that are below density.
Expressed concerns relating to ab on Mira Monte gates.
Request that no up-zoning take place in the Buena Vista Creek Valley.
Al Serta, Member of San Luis Rey Band of Mission Indians, suggested that other areas be looked at for development. Preserve area for next generations.
Susan Cratty, Rosemary Avenue in Carlsbad, came forward to address Council. Spoke in support of preserving Open Space
Mel Vernon, San Luis Rey Band of Mission Indians, came forward to address Council. Spoke in support of preserving the open space.
Dennis Huckaby, President of Buena Vista Audubon Society, came forward toa ddres Council (representing 1200 members). Provide programs for school groups.
End of Speakers
No Questions of Staff Mayor Lewis - exspressed concerns relating to State mandate.
Nygaard - must identify areas of land to meet State Housing requirments.
Packard - concur with comments from Council.
Hall - Spoke about Growth Management Plan (135,000 is population number)
Hall - can adopt resolution on presented.
Kulchin - will also support submission.
Ball - spoke that Council has gone on record of opposing AB1234.
Motion by Kulchin - Approved 5/0
13. AB #19,094 - APPOINTMENTS TO THE PROPOSITION D CITIZENS LIAISON COMMITTEE. To consider appointing four citizens-at-large to the Proposition D Citizens Liaison Committee. Resolution No. 2007-175. ACTION:
AB 19,094
Ron Alvarez, 343 Oak Avenue, Carlsbad, came forward to address Council. Asked for clarification regarding appointment of Committee Members.
Mayor Lewis explained duties of Committee. Sandra Holder came froward. Alvarez - have owners presented that lands are no longer viable. Sandra Holder - explained that the measure requries full public participation.Committee is an oversite committee - a liaison committee to the consultant.
Lewis - explaine specifically what 7 persons will do for the consultant. Holder - listen to items listed on Resolution (7 items).
Nygaard - NW - Diane Lance Packard - SW - Daniel Livingston Hall - Kulchin - SE - Farrah Douglas Arts Planning P&R commission to appoint per Lewis. Lewis a No vote cause he wants 11 people.
Ball - adopt Resolution and come back to add one more name.
Continuing item number 11. Adjourn at 10:06 p.m.
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
Jul 17, 2007 City Council Meeting
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PLEASE NOTE: SOME AGENDA BILLS MAY TAKE SEVERAL MINUTES TO BE DISPLAYED.
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll Call: 5 members present, 0 members absent, 0 members excused.
Closed Session Announcement.
LEGISLATIVE INVOCATION:
Rev. Kelly
PLEDGE OF ALLEGIANCE:
Pac kard.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held June 26, 2007.
Minutes of the Joint Special Meeting held June 26, 2007.
Motion by Kulchin - Approved 5/0
8. AB #19,087 - AWARD OF CONTRACT. Accepting bids and awarding a contract for the construction of the Mira Monte Access Control Gate to Falcon Construction Company, Project No. PWS 07-05 ENG. Resolution No. 2007-183. ACTION:
AB 19,087
Moved to consent.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Items 2, thruough 6 plus 8 - moiton by Kulchin - Approved 5/0
Motion to Approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Items 2 through 6 and item numer 8 from Dept. Report. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Items 2 through 6 and item numer 8 from Dept. Report. (Approved)
WAIVER OF ORDINANCE TEXT READING
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,083 - ACCEPTANCE OF DONATION. Accepting a donation from the Friends of the Carlsbad Library and acknowledging a pledge of additional direct support for library programs. Resolution No. 2007-179. ACTION:
AB 19,083
Item pulled by Kulchin. Heather Pizzuto came forward to speak regarding donation.
Kulchin thanked Friends and Heather for all they do.
Motion by Kulchin - Approved 5/0
Library Director Heather Pizzuto explained that Friends support programs such as childrens, multi-cultural programs. Adds to libraries collections.
Motion to Approve 1. AB #19,083 - ACCEPTANCE OF DONATION. Accepting a donation from the Friends of the Carlsbad Library and acknowledging a pledge of additional direct support for library programs. Resolution No. 2007-179. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 1. AB #19,083 - ACCEPTANCE OF DONATION. Accepting a donation from the Friends of the Carlsbad Library and acknowledging a pledge of additional direct support for library programs. Resolution No. 2007-179. ACTION: (Approved)
2. AB #19,084 - ESTABLISH NEW MANAGEMENT CLASSIFICATION. Adopting the classification and salary for Deputy City Manager, and amending the Management Salary Structure and Conflict of Interest Code. Resolution No. 2007-180. ACTION:
AB 19,084
3. AB #19,085 - VACATION OF SLATER STREET. Declaring the intention to vacate Slater Place and a portion of a general utility and access easement on Lots 19-22 of Carlsbad Tract No. 02-15, Bressi Ranch, Map No. 14960, STV 06-04 (PIP 06-10), and setting a Public Hearing. Resolution No. 2007-181. ACTION:
AB 19,085
4. AB #19,086 - VACATION OF EMBARCADERO LANE. Declaring the intention to vacate a portion of Embarcadero Lane on Lot 5 of Carlsbad Tract 97-10, Poinsettia Properties, Map No. 13785, STV 06-06 (CT 04-11), and setting a Public Hearing. Resolution No. 2007-182. ACTION:
AB 19,086
5. AB #19,088 - NOTICE OF COMPLETION. Accepting the construction on the Pine Avenue Park Construction Project as complete and directing the City Clerk to record the Notice of Completion, Project No. 3802-2. Resolution No. 2007-184. ACTION:
AB 19,088
6. AB #19,089 - AMENDMENT TO AGREEMENT. Approving Amendment No. 2 to the agreement with RRM Design Group for site planning of a Police/Fire Training Center and Public Works Center, Project No. 3686. Resolution No. 2007-185. ACTION:
AB 19,089
ORDINANCE FOR INTRODUCTION:
7. AB #19,090 - ESTABLISH MEASUREMENT FOR SEWAGE GENERATED FROM THEME PARKS. To consider amending Title 13, by revising Chapter 13.10.020 of the Carlsbad Municipal Code to establish a measurement for sewage generated from theme parks. Introduction of Ordinance No. NS-849. ACTION:
AB 19,090
City Attorney Ron Ball titled the Ordinance.
Motion to Approve 7. AB #19,090 - ESTABLISH MEASUREMENT FOR SEWAGE GENERATED FROM THEME PARKS. To consider amending Title 13, by revising Chapter 13.10.020 of the Carlsbad Municipal Code to establish a measurement for sewage generated from theme parks. Introduction of Ordinance No. NS-849. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 7. AB #19,090 - ESTABLISH MEASUREMENT FOR SEWAGE GENERATED FROM THEME PARKS. To consider amending Title 13, by revising Chapter 13.10.020 of the Carlsbad Municipal Code to establish a measurement for sewage generated from theme parks. Introduction of Ordinance No. NS-849. ACTION: (Approved)
PUBLIC COMMENT:
A representative from Policewatch.org came forward to address Council. Expressed concerns relating to the number of minutes allowed during Public Comment. Expressed concerns relating to police accountability.
Lewis spoke in support of police and fire.
Adjourn to PFA
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
ADJOURNMENT TO THE PUBLIC FINANCING AUTHORITY MEETING
6:15 p.m.
CALL TO ORDER:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held May 22, 2007.
Minutes of the Special Meetings held June 12, 2007.
Minutes of the Special Meeting held June 19, 2007.
Packard abstained from the 22nd, Nygaard from 12 and 19 and Kulchin from the 19th
ROLL CALL:
DEPARTMENTAL REPORT:
1. AB #31 - REPORT ON STATUS OF THE CROSSINGS AT CARLSBAD GOLF COURSE. To receive an update on the opening of The Crossings at Carlsbad Golf Course. ACTION:
AB 31
Special Projects Director Skip Hammann came forward to review a staff report and PowerPoint (on file in the Office of the City Clerk).
Aviation fuel released and had to be removed by hazardous waste team.
Damage to cart paths. Proposing change to opening day schedule.
Staff recommending change community days to a different time.
Proposed changes - tee times next monday (july 23rd - for golf on Saturday August 11th and Carlsbad Community Days - August 8th through 10th.
Kulchin - possibly opening up to residents - Sunday, August 5th.
Lewis - Kemper called forward (Jeff Perry) - is possible if Council chooses.
Hall - confirmed that new schedule allows enough work days to get cart paths restored - grass and sodding completed also.
Packard - confirmed that this is a common practice to work around issue.
Council concurred to adjust schedule to allow community on August 5th. and to close on thursday August 9th.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
6:25 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. AB #19,091 - ADVERTISE FOR BIDS. Approving plans, specifications, artwork, and authorizing the City Clerk to advertise for bids for construction of Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2007-186. ACTION:
AB 19,091
Skip Hammann, Special Projects Director, came forward to address Council. Presented staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Reviewed Park Elements.
Reviewed Funding Sources.
End of presentation.
Arts Manager Peter Gordon called forward regarding approval of Art Elements.
Mr. Gordon explained that their are 5 elements drawn up for park. Explained screens (6 feet high) - a passage way - decorative element - Design is from swimming books - teaching people how to do different swim strokes. Will there be comments as to what they represent asked Lewis.
Pat Caughey called forward (Project Architect) came forward to address Council - Paul Hobson is artist who they collaborated with for project.
Stated that artwork is laser cut into cortenz steel - interpretive signage will be present.
Nygaard - on towells inbedded in ground - nervous about slippery surface. Would like to be sure that tiles are covered with something that will ensure people will not slip and fall.
Nygaard - two art projects would happen if funded by the public - Gordon - there are three other artistic elements - taken to arts commission and public already;however, money not being put forward at this time.
Packard - regarding parking issues. Instructional Pool - parking allocations during summer time for 23 spaces. Carl Pope - asked to come forward to address parking issue. Carl explained that it is anticipated that numbers for lessons - (6 teaching bays) per class.
Hall - where is the line item for grading - (included in construction estimate) per Hammann.
Hall - number for overall grading plan? Plummer called forward to answer Question. Plummer - different elements of grading - Hall - security addressed in estimate? Hammann - yes. Technology and needs may change however. Hall - on opening day there will be security? Hammann - prior to opening an analysis would be performed by Recreation.
In response to Hall - anticipated tht Parks and Recreation will operate pool.
Don Christiansen called forward to address Council. Don Christiansen, 3715 Longview Drive, would like to recommend that staff look at Ozone for biocide. Generated on site and degrades to stable oxygen.
Nygaard - complimented staff on work on project. Packard - Will not support any non-essential capital projects until more information on Charter City status. Hall - Will not support also. Kulchin - Will support - staff has done good job. Do not want to delay the project. Motion by Kulchin.
Motion to Approve 9. AB #19,091 - ADVERTISE FOR BIDS. Approving plans, specifications, artwork, and authorizing the City Clerk to advertise for bids for construction of Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2007-186. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Motion to Approve 9. AB #19,091 - ADVERTISE FOR BIDS. Approving plans, specifications, artwork, and authorizing the City Clerk to advertise for bids for construction of Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2007-186. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
10. AB #19,092 - SKATE PARK EXPANSION AT THE CARLSBAD SAFETY CENTER. To consider the Parks and Recreation Commission's request for an expansion to the existing Skate Park facility located at the Carlsbad Safety Center. ACTION:
AB 19,092
Mark Steyaert, Park Developement Manager presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk.)
Parks and REcreation Commission formed a sub-committee to review feasibility of additional skate parks in the City. In Feb. 07 - Sub-committee made presentation to full Commission - Commission asking that Council consider modular units at existing skatepark.
Displayed existing site. Recommending expansion on concrete and modular facilities.
Estimated costs are $550 to $770 thousand. Utilized numbers from some contractors provided by sub-committee. Would also take 18 to 24 months. Would need to add lighting as well. End of presentation.
Packard - what is the timing of anticipated safety center / pw expansion.
Skip Hammann - in regards to training facility - working with RM - finishing scope of work - Police / Fire Facility - Septemeber; PW Facility - will follow police and fire training facility. Packard - if things move forward with timeline as presented - when would skatepark have to be moved? Lewis - do not want to put skatepark in if it will need to be moved. Nygaard - any study of an additional skatepark. Steyaert - a lot of areas looked at during the initial skatepark installation - Steyaert - would take at least year to identify sites. Hall - at workshop will be looking at where we are on all of our facilities.
Need to look at overall plan.
Packard - in discussions with Parks Commission were they aware of 18 to 24 months required for the project. Steyaert - stated it was mentioned - were aware of possibility.
Nygaard - asking how much is in something that we would could be reusable - $250,000 for modular units.
Jim Craig, 1732 Blackbird Circle, Carlsbad, Chairman of Parks and Recreation Commission. Member of skatepark enhancement committee. Found sponsors - Alan Jones of HG Fenton Company offered $30,000 towards subsidizing modular units. Packard - would you like to address timing of project. Craig - casual conversaation relating to when things will occur at the safety center. If we knew it would be happening in two years, would probably not be before Council.
chad Berry, with Coast Recreation - displayed a design for potential skatepark. Display included all modular equipment. Total cost for modular equipment is $235,000 - $85,000 for concrete.
Packard - a large discrepancy in grading and concrete costs. Do you have a contractor lined up to move forward with $80,000. Yes - A license contractors Kulchin - what does $80,000 include - grading and concrete necessary.
Lewis - time commitment as far as permitting goes - almost two years? Steyaert - permitting will take between 6 and 10 months. In order to get permits, you need to have it designed.
Denny Cooper, 2104 Linda Lane, Parks and REcreation Commisioner - spoke in support of construction of skatepark.
Kulchin - lighting? Cooper - Did not know about going out a year and a half to two years. Lighting - were hoping that those poles could accept lites on the other side of the poles also.
New speaker - a child - get name and adddress. Spoke in support of expanded park.
Nygaard - need to address this issue. Since numbers are different - back to P&R Commission to get clearer on timeline and pricing.
Packard - agreed with Nygaard. More information and return to Council.
Lewis - time sequence needed for training and PW facility. Packard - additional site research. Hall - in support of additional site research and timelines of other parks. Kulchin - thanked Commissioners for work. Would like P&R commission to look at numbers.
Patchett - typically a commission recommends to council that something be done. Patchett - explained the Bid process and staffs obligations.
Recieve report, direct staff to find locations and review numbers.
Ask staff to provide numbers, look for alternate sites, return to Council with report. Nygaard - also look at timeing.
Motion to Approve 10. AB #19,092 - SKATE PARK EXPANSION AT THE CARLSBAD SAFETY CENTER. To consider the Parks and Recreation Commission's request for an expansion to the existing Skate Park facility located at the Carlsbad Safety Center. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to Approve 10. AB #19,092 - SKATE PARK EXPANSION AT THE CARLSBAD SAFETY CENTER. To consider the Parks and Recreation Commission's request for an expansion to the existing Skate Park facility located at the Carlsbad Safety Center. ACTION: (Approved)
5 minute break at 7:41 p.m.
Back from break at 7:47 p.m.
11. AB #19,093 - SUSTAINABILITY AND ENVIRONMENTAL GUIDING PRINCIPLES. To consider adopting the Carlsbad Sustainability and Environmental Guiding Principles. Resolution No. 2007-187. ACTION:
AB 19,093
THIS ITEM WAS CONTINUED FROM THE COUNCIL MEETING OF JUNE 19, 2007.
12. AB #19,045 - DRAFT HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE. To consider approving submission of the draft Housing Element for the 2005-2010 Housing Cycle to the State of California Housing and Community Development Department for initial review and comment. Resolution No. 2007-146. ACTION:
AB 19,045
Council concurred to move item forward.
Principal Planner Chris DeCerbo presented staff report and reviewed a PowerPoint Presentation (on file in the office of the City Clerk).
Gave an overview of Stte Housing Element Law
Kulchin - location of Canyon View? DeCerbo - Missing link of Poinsettia (Aviara)
Proposed Re-designated sites - distributed between 4 quadrants.
End of Presentation. Nygaard - why harder to deliver moderte than low? DeCerbo - 12 du per acre - in order to get 100 - you will need 9 acres of land. - due to number of dwelling units per acre. Nygaard - how many units to build out? DeCerbo - 8 to 10,000 units Nygaard - increasing density in downtown village area - how would that impact housing element as it moves forward. DeCerbo - if density were increased - could double number of dwelling units in Village area. Packard - confirmed that city could lose authority to issue permits if housing element does not conform to state law. Ball - court could fashion a remedy.
Ball - explained legal ramifications if housing element comes under review by state.
Lewis - Quarry Creek is currently zoned to have approximately 117 acres designated as residential. Lewis - SANDAG has Smart Growth Proposal - if we don't follow through - can SANDAG supercede us on building permits. Ball - Would depend on remedy fashioned by the courts. Difficult to predict outcome. Only happens as result of a challenge to our Housing Element. Will reverse presumption - will require us to go into court and justify Housing Element.
Lewis - lose funding from Sandag? Is there enough funding available? Hall - 18 cities competing in San Diego County. Lewis - any other large lands available? DeCerbo - have not found any that would be recommended at this time.
Hall - if the remainder of vacant land is opens space - is it considered open space? DeCerbo - Housing Element Law would require finding adequate developable lands.
Nygaard - at some point City will be built-out? DeCerbo - numbers will go down at that time.
RHNA numbers will go down; however, can ask if any area is redevelopable.
Ball - remedy can be no more funding or no more issuance of permits. Kulchin - display open space area on map Kulchin - confirmed that to start over in 2010 would require lower RHNA numbers.
Kulchin - what funds are we not eligible for due to not having a current housing element. Consultant called forward - (listen for her name). Explained that State is aware of jurisdictions doing this. Explained that lands need to be made available - RHNA will double each time cycle is not met.
New state law per consultant.
Lewis - if requirement is not met; we will then get more units.
Make more land available by rezoning and upzoning.
Shelley Hayes Carron, submitted comments - Maron Adobe in Carlsbad, asked that Quarry Creek Site be removed from Housing Element and Smart Growth Plan.
Expressed concerns relating to development of the area.
Rather than develop mine site; restore to open space.
Wants copies of all e-mails received regarding this item. Penny Johnson, 1360 Hillview Court, spoke against additional development in the Quarry Creek Area.
Spoke in support of increased developement in the downtown area.
Spoke about NC Times Editorial.
Brian Millich, Corky McMillian Companies, San Diego, in contract with Hanson to purchase acreage.
Support direction staff is headed.
Much of site will be preserved.
No one proposing to destroy the falls.
Kulchin - move falls north? Millich - no plans to move the falls - Hanson has plan to address Creek (in a degraded nature at this time). Through reclamation process creek, will be advanced and modified.
Hall - has city permitted Hanson's plans with carlsbad or oceanside? Millich - Oceanside is lead agency.
Darlene Wrigley, Costa Serena Senior Community, concerns relating to contaminated soil on Hanson property. Hazardous waste site must have signage. Has not seen any signs.
Expressed concerns to Oceanside - Carlsbad is agency to decide.
Lewis - whose jurisdiction? DeCerbo - will answer at the end.
Diane Nygaard, representing Preserve Calavera, came forward to address Counicfl (reviewed a PowerPoint - showed photos of falls, and creek. - see if we can get presentation.
Wendy Hinman, 180 Basswood, speaking on behalf of Historic Preservation Commission. Requesting that El Salto Falls and Buena Vista Creek Valley be preserved.
Liz Kreideneer, 3005 Cadencia Court, came forward to address Council. Area identified as number one area to be preserved. Affordable housing should be in areas that will do the most good - the heart of city.
Lewis - suggesting go to vote of public to increase density in some areas. Kreideneer - yes.
Bill Burger, representing Hanson Aggregates, owner of former Southcoast Quarry, to complete reclamation of Quarry Creek.
Hanson - must secure reclamation plan for the property to formerly close site. Any end use will be subject to the City of Carlsbad.
Any purchase of property wil be under constraints - protection of El Salto Falls. Reclamation plan must ensure long term preservation of falls.
Hanson will not take any action on Housing Element - Hanson does not have a reclamation plan at this time.
Kulchin - contaminated soil and no signs? Mr. Burger - soil on site does not fall under Prop 65 and does not require signage. Nygaard - not contaminated? Barb Welk, manageing remediation at site - have at least 2 years left for - no legal or technical basis to consider hazardous and ? Listen to this.
Kulchin - another 2 years? Welk - for passive remediation and spread it back out on the property. This is un related to reclamation plan. Nygaard - is site fenced? Borger of Hanson - not totally fenced. Ann Hallick, 1701 Tamarack Avenue, spoke in oppostion to plan with Quarry Creek Site.
Suggested increasing density in the City.
Suggested retrofitting shopping areas for housing above retail.
Don Christiansen, 3715 Longview Drive, Carlsbad, took accepting to being called Quarry Creek - Buena Vista Creek Valley. Spoke in support of preserving El Salto Falls and the Buena Vista Creek Valley.
Lewis - asked if Mr. Christiansen would support having Marron Road put through to Carlsbad if property purchased for open space? Christiansen - No.
Peg Crilly, 2330 Paseo Del Lora, Oceanside, requested that Quarry Creek Site be removed from the Housing Element.
Kulchin - Kohls and Wal Mart are in Oceanside . . are you aware?
Casey Cinciarelli, Lyons Court in Carlsbad, wants number of calls and e-mails on item. Educational disparities exist in Carlsbad.
Creating cluster of low and moderate income in Quarry Creek area will increase economic desparity in elementary schools. Requested that report be returned to staff.
Do better job of identifying sites city wide. Stop permitting developments that are below density.
Expressed concerns relating to ab on Mira Monte gates.
Request that no up-zoning take place in the Buena Vista Creek Valley.
Al Serta, Member of San Luis Rey Band of Mission Indians, suggested that other areas be looked at for development. Preserve area for next generations.
Susan Cratty, Rosemary Avenue in Carlsbad, came forward to address Council. Spoke in support of preserving Open Space
Mel Vernon, San Luis Rey Band of Mission Indians, came forward to address Council. Spoke in support of preserving the open space.
Dennis Huckaby, President of Buena Vista Audubon Society, came forward toa ddres Council (representing 1200 members). Provide programs for school groups.
End of Speakers
No Questions of Staff Mayor Lewis - exspressed concerns relating to State mandate.
Nygaard - must identify areas of land to meet State Housing requirments.
Packard - concur with comments from Council.
Hall - Spoke about Growth Management Plan (135,000 is population number)
Hall - can adopt resolution on presented.
Kulchin - will also support submission.
Ball - spoke that Council has gone on record of opposing AB1234.
Motion by Kulchin - Approved 5/0
13. AB #19,094 - APPOINTMENTS TO THE PROPOSITION D CITIZENS LIAISON COMMITTEE. To consider appointing four citizens-at-large to the Proposition D Citizens Liaison Committee. Resolution No. 2007-175. ACTION:
AB 19,094
Ron Alvarez, 343 Oak Avenue, Carlsbad, came forward to address Council. Asked for clarification regarding appointment of Committee Members.
Mayor Lewis explained duties of Committee. Sandra Holder came froward. Alvarez - have owners presented that lands are no longer viable. Sandra Holder - explained that the measure requries full public participation.Committee is an oversite committee - a liaison committee to the consultant.
Lewis - explaine specifically what 7 persons will do for the consultant. Holder - listen to items listed on Resolution (7 items).
Nygaard - NW - Diane Lance Packard - SW - Daniel Livingston Hall - Kulchin - SE - Farrah Douglas Arts Planning P&R commission to appoint per Lewis. Lewis a No vote cause he wants 11 people.
Ball - adopt Resolution and come back to add one more name.
Continuing item number 11. Adjourn at 10:06 p.m.
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
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