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HomeMy WebLinkAbout2005-03-01; City Council; Minutes (3)MINUTES MEETING OF: DATE OF MEETING: March 1,2005 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Regular Meeting) City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: Hall. Lewis, Kulchin, Packard and Sigafoose. LEGISLATIVE INVOCATION: Pastor Haines of Carlsbad Christian Assembly offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. CONSENT CALENDAR: Item #I 0 was pulled for discussion. Mayor Lewis asked that the record reflect that he voted “No” on Consent Calendar Item #9. ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #9 as follows: AYES: NOES: None. ABSENT: Hall Lewis, Kulchin, Packard and Sigafoose. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #17,988 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of January 31 , 2005. 2. AB #17,989 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2005-048, accepting a donation from Mrs. Teresa M. Cannon in support of the “Three Part Art” education program. March 1, 2005 Carlsbad City Council Meeting Page 2 3. AB #17,990 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF THE FOREST AVENUE SEWER PIPELINE - PROJECT NO. 3495-1. Council adopted RESOLUTION NO. 2005-049, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the construction of the Forest Avenue Sewer Pipeline. 4. AB #17.991- LEASE AGREEMENT FOR AGRICULTURAL PROPERTY ADJACENT TO THE COLE LIBRARY AND PROPERTY NORTH OF 2923 ELMWOOD STREET. Council adopted RESOLUTION NO. 2005-050, approving an Agricultural Lease Agreement with Adrian Chavez for properties known as APN 156-164-20 and 156-1 90-62 and located adjacent to the Cole Library and north of the Arts Office at 2923 Elmwood Street. 5. AB #17,992 -AGREEMENT TO PROVIDE POLICE OFFICERS FOR OFFICE OF TRAFFIC SAFETY DUI ENFORCEMENT. Council adopted RESOLUTION NO. 2005-051, approving an agreement with the San Diego Police Department to reimburse the Carlsbad Police Department for approximately 80 hours of billed overtime worked by Carlsbad officers in support of the Office of Traffic Safety DUI Pace Car Grant to help reduce the incidence of underage drinking and alcohol-related offenses, and appropriating funds. 6. AB #17,993 - REQUEST FOR OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2005-052, approving out-of-state travel for the Senior Management AnalysVProject Manager in the Information Technology Department to attend the Help Desk Institute Conference in Las Vegas, Nevada. 7. AB #17,994 - FINAL MAP FOR CARLSBAD TRACT 02-27, LA COSTA FA1 RWAYS . Council adopted RESOLUTION NO. 2005-053, approving the final map for CT 02-27, La Costa Fairways, and authorizing the map to be recorded. 8. AB #17,995 -AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE WOODSTOCK SEWER PIPELINE EXTENSION - PROJECT NO. 3840-1. Council adopted RESOLUTION NO. 2005-054, awarding a contract to Dominguez General Engineering Contractor for the construction of the Woodstock Sewer Pipeline Extension. 9. AB #17,996 - REMANDING THE APPEAL OF TENTATIVE PARCEL MAP MS 04- 04, LOKER BUSINESS CENTER, TO THE CITY ENGINEER. Council adopted RESOLUTION NO. 2005-055, remanding the appeal of the tentative parcel map, MS 04-04 Loker Business Center, to the City Engineer for further processing regarding a proposed signal that was not included in the prior environmental review. Mayor Lewis voted No on this item. March 1,2005 Carlsbad City Council Meeting Page 3 IO. AB #18,005 -AUTHORIZING THE CITY ATTORNEY TO HIRE THE LAW FIRM OF FOX & SOHAGI. Council Member Kulchin requested that this item be pulled to express concerns regarding the cost of drafting the Adult Entertainment Ordinance. Council Member Kulchin asked if staff had obtained other bids. City Attorney Ron Ball explained that he had not. He stated that Attorney Fox was probably the most respected and well recognized member of the Bar Association that addresses these kinds of issues. Mr. Ball stated that Attorney Fox has assisted local governments throughout California. Mr. Ball also explained that this type of Ordinance is probably one of the most complicated and most litigious areas that cities and communities face. Mr. Ball stated that there would be new chapters added to the Municipal Code and revisions to the existing Adult Entertainment Ordinance. Mayor Lewis stated that due to the importance of the Ordinance he could support adoption of the Resolution. ACTION: On a motion by Council Member Packard, Council adopted RESOLUTION NO. 2005-057, authorizing the City Attorney to hire the Law Firm of Fox & Sohagi to assist in revising, updating and drafting the Adult Entertainment Ordinance. AYES: Lewis, Packard and Sigafoose. NOES: Kulchin. ABSENT: Hall ORDINANCE FOR INTRODUCTION: 11. AB #17,997 - AMENDMENTS TO CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-744, amending Chapter 1.20 of the Carlsbad Municipal Code by the amendment of Sections 1.20.020, 1.20.1 10, and 1.20.170, to bring the Chapter up to date with current Council Meeting practices and to reflect modern technology capabilities. AYES: NOES: None. ABSENT: Hall. Lewis, Kulchin, Packard, and Sigafoose March 1,2005 Carlsbad City Council Meeting Page 4 ORDINANCE FOR ADOPTION: 12. AB #17,999 - ESTABLISHMENT OF STOP CONTROL AT THE INTERSECTION OF UNICORN10 STREET AND RANCHO CORTES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-741, amending Title IO, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Secion 10.28.770, to require a stop on Unicornio Street at its intersection with Rancho Cortes. AYES: - NOES: None. ABSENT: Hall. Lewis, Kulchin, Packard, and Sigafoose 13. AB #18,000 - ESTABLISHMENT OF STOP CONTROL AT THE INTERSECTION OF CADENCIA STREET AND ROMERIA STREET. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-742, amending Title IO, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Section 10.28.370, to require a stop on Cadencia Street at its intersection with Romeria Street. - AYES: - NOES: None. ABSENT: Hall. Lewis, Kulchin, Packard, and Sigafoose 14. AB #18,001 - KELLY CORPORATE CENTER ZC 04-05. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-743, amending Section 21.05.030 of the Carlsbad Municipal Code by an Amendment to the Zoning Map to grant a Zone Change, ZC 04-05, from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q), Residential Single-Family with a Qualified Development Overlay (R-I -Q), and Planned Industrial (PM) to Open Space (OS) on property generally located on the southwest corner of Palomar Airport Road and Hidden Valley Road and between Hidden Valley Road and Aviara Parkway, south of Palomar Airport Road, in Local Facilities Management Zone 5. - AYES: NOES: None. ABSENT: Hall. Lewis, Kulchin, Packard, and Sigafoose March 1, 2005 Carlsbad City Council Meeting Page 5 Bill Arnold, 3432 Don Ortega Drive, Carlsbad came forward to address Council on behalf of the Rancho Carlsbad Homeowner’s Association. Mr. Arnold read a letter (on file in the City Manager’s office) that had been submitted to the City Manager Ray Patchett. Mr. Arnold expressed concerns relating to the Flood Control Program for Rancho Carlsbad and requested time on an upcoming City Council Agenda so that his Association could address Council. Mr. Patchett stated that he did have Mr. Arnold’s letter and that his office would be contacting Mr. Arnold to schedule a date. Nicole Pappas, representing the North Coastal Prevention Coalition, 2689 Garfield Street, Carlsbad came forward to address Council. Ms. Pappas distributed a letter to Council (on file in the City Clerk’s office) expressing the organizations appreciation for the Council’s pro-active role in preventing youth access to alcohol, tobacco and drugs in the community. Ms. Pappas presented Council with a Certificate of Appreciation. PUBLIC HEARING: 15. AB #18,002 - CT 02-12/CDP 02-31/PUD 02-05/PIP 02-04 - CARLSBAD OFFICE CAMPUS APPEAL. Saima Qureshy, Associate Planner, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Ms. Qureshy gave a brief background of the project and reviewed the Planning Commissions denial of the project. Mayor Lewis confirmed with staff that the applicant had met all of the standards and zoning requirements as far as building the project. John White, 5600 Avenida Encinas, Carlsbad, President of Carltas Company came forward to address Council. Mr. White asked that Council grant the appeal of the Planning Commission’s split decision. Mr. White stated that the project met all of the City’s Zoning Ordinances and was consistent with the Growth Management Plan. Mr. White explained that Carltas had offered to extend leases to the tenants through February of 2007. Mr. White also stated that Carltas did receive a grant from the California State Coastal Conservancy in 1989. Mr. White explained that Carltas took on the responsibility of having to repay the grant if the use of the building was changed within the first 10 years of its life. That contract expired in December of 1999. March 1, 2005 Carlsbad City Council Meeting Page 6 Council Member Kulchin confirmed with Mr. White that the tenants were offered a lease extension through February 28, 2007. Mayor Lewis opened the duly noticed public hearing at 6:35 p.m. and asked if anyone would like to speak. Ted Owen, President of Carlsbad Chamber of Commerce, 5934 Priestly Drive, Carlsbad, expressed his support for the proposed project. Albert Sweet, 11696 Sorrento Valley Road, San Diego came forward to address Council. Mr. Sweet voiced concerns regarding the closure of the Floral Trade Center. Mr. Sweet asked that Council consider the traffic impacts the new facility would create. Mike Milano, 460 Wilshire, San Luis Rey spoke in support of the redevelopment of the Floral Trade Center. Rick Reeder, 705 Palomar Airport Road, Carlsbad spoke in favor of the project. Marc Doyle, 705 Palomar Airport Road, Carlsbad also spoke in support of the project. Ralph Futch, 5600 Avenida Encinas Suite 12, Carlsbad expressed his support for the proposed Carlsbad Office Campus. Mr. Curry also stated that he was working with other tenants of the Floral Trade Center, as well as Carltas in hopes of establishing a permanent Trade Center at another locationin Carlsbad. Peter Curry, 3535 Sitio Baya, Carlsbad spoke in support of the Carlsbad Office Campus. Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at 652 p.m. In response to an inquiry from Council Member Packard, Deputy City Engineer Bob Wojcik detailed the anticipated traffic impacts as a result of the redevelopment of the Floral Trade Center. ACTION: On a motion by Council Member Kulchin, Council directed the City Attorney to return to the City Council with the appropriate documents for the approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map (CT 02-12), Coastal Development Permit (CDP 02-31), Non- Residential Planned Unit Development (PUD 02-05), and Planned Industrial Permit (PIP 02-04). AYES: Lewis, Kulchin, Packard, and Sigafoose NOES: None. ABSENT: Hall. March I, 2005 Carlsbad City Council Meeting Page 7 RECESS: Mayor Lewis declared a recess at 7:05 p.m. Council reconvened at 7:09 p.m., with all members present. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND MUNCIPAL WATER DISTRICT Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Municipal Water District at 7:09 p.m. with four members present, and Council Member Hall absent. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Joint Special Meeting of the City Council and Municipal Water District at 7:lO p.m. with four members present, and Council Member Hall absent . DEPARTMENTAL AND CITY MANAGER REPORT: 17. AB #18,004 - PRESENTATION ON THE FORMATION OF A TOURISM BUSINESS IMPROVEMENT DISTRICT. At the request of the presenter, this item was continued for two weeks. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: committees and sub-committees of which they are members. :il Members have b Lorraine Wood, City Clerk, announced that C U en invited to attend, and may be participating in the following events: Wednesday, March 2,2005 - 11:OO a.m. Hosp Grove Hi-Noon Rotary Picnic Area Completion Event Monroe Street and Marron Road Carlsbad, California Monday, March 7,2005 - 12:OO p.m. Hi-Noon Rotary 25'h Anniversary Event Olympic Resort Hotel 61 11 El Camino Real Carlsbad, California March 1, 2005 Carlsbad City Council Meeting Page 8 ADJOURNMENT: By proper motion, the Special Meeting of March 1, 2005 was adjourned at City Clerk Sheila Cobian Deputy City Clerk