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