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Home My WebLink About2005-03-08; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: March 8,2005 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: Kulchin . Lewis, Hall, Packard, and Sigafoose. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, minutes of the following meeting were approved as presented: Minutes of the Special Meeting held February 15, 2005. Minutes of the Special Meeting held February 16, 2005. Minutes of the Special Meeting held February 17, 2005. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #I through #3, as follows: AYES: - NOES: None. ABSENT: Kulchin Lewis, Hall, 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 #18,006 - REVISED GIFT AGREEMENT FOR DONATION OF ELECTRIC CART. Council adopted RESOLUTION NO. 2005-058, accepting the revised Gift Agreement with the Friends of Carrillo Ranch, for the donation to be applied towards the purchase of an electric cart for Leo Carrillo Ranch Historic Park. March 8,2005 Carlsbad City Council Meeting Page 2 2. AB #I 8,007 - APPROVAL AND AUTHORIZATION OF AGREEMENT WITH PACKARD GOVERNMENT AFFAl RS. Council adopted RESOLUTION NO. 2005-059, authorizing the Mayor to execute an agreement with Packard Government affairs for governmental relations consulting services. 3. AB #I 8,008 - CARLSBAD OFFICE CAMPUS - CT 02-12/CDP 02-31/PUD 02- 05/PIP 02-04. Council adopted RESOLUTION NO. 2005-064, granting the conditional appeal of Carltas Development Company for approval of the Carlsbad Office Campus. ORDINANCE FOR INTRODUCTION: 4. AB #18,009 -AMENDMENT OF ORDINANCE TO REQUIRE SUBDIVISION DESIGN TO PROVIDE COMMUNICATION SYSTEMS. City Attorney Ron Ball noted the letter of March 8, 2005 from the Building Industry Association asking the Mayor and Council to continue this item. Mr. Ball suggested referring the item back to staff for review. Council concurred. ORDINANCE FOR ADOPTION: 5. AB #18,010 -AMENDMENTS TO CHAPTER 1.20 OF THE CARLSBAD MUNICIPAL CODE. ACTION: Council adopted ORDINANCE NO. NS-744, amending Chapter 1.20 of the Carlsbad Municipal Code by the amendment of Sections 1.20.020, 1.20.1 IO, 1.20.150, and I .20.170 to bring the chapter up-to-date with current Council meeting practices and to reflect modern technology capabilities. AYES: - NOES: None. ABSENT: Kulchin Lewis, Hall, Packard and Sigafoose PUBLIC COMMENT: None. PUBLIC HEARINGS: 6. AB #18,011 -TEMPORARY BUILDINGS ZCA 04-03/LCPA 04-18. Senior Planner Mike Grim gave the presentation on this item. (The power point presentation is on file in the Office of the City Clerk). In response to Council, Mr. Grim discussed the definitions used for various temporary buildings. Mr. Grim clarified that only habitable temporary buildings were included in this amendment. March 8, 2005 Carlsbad City Council Meeting Page 3 The duly noticed Public Hearing was opened at 6:09 p.m. Seeing no one wishing to speak the Mayor closed the hearing at 6:10 p.m. ACTION: AYES: - NOES: ABSENT: ACTION : AYES: - NOES: ABSENT: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-746, amending various Sections of Title 21 of the Carlsbad Municipal Code and adding Sections 21.04.263 and 21.04.273 to the Carlsbad Municipal Code to define mobile and modular building and provide for temporary placement of mobile buildings by Conditional Use Permit. Lewis, Hall, Packard, and Sigafoose None. Kulchin. On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-060, approving a Negative Declaration and Local Coastal Program Amendment for the Temporary Buildings Zone Code Amendment. Lewis, Hall, Packard, and Sigafoose None. Kulchin. 7. AB #18.012 - POINSETTIA VILLAGE CREDIT UNION CUP 04-14. Senior Planner Mike Grim gave the presentation on this item. (The power point presentation is on file in the Office of the City Clerk). In response to Council, City Attorney Ron Ball explained why the restrictions regarding restaurant drive-thrus did not apply to banking drive-thrus. Representing the applicant, Tony Sanfillipo, Hofman Planning, 5900 Pasteur Court, introduced the project team and asked Council for approval of this project. In response to Council, Mr. Chris Elliott of Donahue Schreiber explained that the drive- thru was put in the project design for the convenience of customers. The duly noticed Public Hearing was opened at 6:16 p.m. Seeing no one wishing to speak the Mayor closed the hearing at 6:17 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-061, approving a Conditional Use Permit for Construction of a 5,000 square foot credit union and drive-thru facility for the Poinsettia Village Credit Union Commercial Development on property located on the east side of Avenida Encinas, between Poinsettia Lane and Loganberry drive, in Local Facilities Management Zone 9. AYES: - NOES: None. ABSENT: Kulchin. Lewis, Hall, Packard, and Sigafoose March 8, 2005 Carlsbad City Council Meeting Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #18.013 - PRESENTATION REGARDING THE ORIGINAL CARLSBAD SKATE PARK. Mayor Lewis stated that the originator of this item had sent a letter asking to have it pulled from the agenda. Acting City Manager- Jim Elliott indicated that there was no firm date for a continuation. He stated that when the presenters wish to return they would be scheduled on a future agenda. 9. AB #18,014 - PARKS AND RECREATION COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2005-062, appointing Denny Cooper to the Parks and Recreation Commission. Lewis, Hall, Packard and Sigafoose. NOES: None. ABSENT: Kulchin. Mayor Lewis continued Resolution No. 2005-063, appointing one member to the Parks and Recreation Commission. PUBLIC COMMENT: Lisa Gezelter, 7533 Agua Duke Court, representing her neighbors in the Agua Duke landslide area, spoke to Council regarding the landslide issue. Ms. Gezelter presented Council with pictures of the landslide and adjacent areas. (These pictures are on file in the Office of the City Clerk). Ms. Gezelter asked that the City declare an emergency in order to help repair the hillside. City Attorney Ron Ball stated that the City Manager had declared a local emergency. Mr. Ball stated that the ratification of that action would be submitted to Council at their next meeting. Acting City Manager Jim Elliott stated that the City is looking for state and federal help for the areas affected by the recent rains. Public Works Director Lloyd Hubbs reported that he and other city workers have been monitoring the Agua Duke site. Mr. Hubbs stated that the situation at the site is worsening. Mr. Hubbs reported that the following is being done: he has met with Olivenhein Municipal Water District to check that there are no leaks in their infrastructure and he is working to initiate Federal assistance. In response to Council, Mr. Hubbs stated he has checked storm drains, sewer lines and water leaks at the Agua Duke site. City Engineer Glenn Pruim noted that the Public Works personnel are staying in touch with residents. March 8,2005 Carlsbad City Council Meeting Page 5 In response to Council, Mr. Hubbs stated that the problem areas of Jefferson Street are getting reinforcements. In response to Council, Mr. Ball stated that the city has the duty to protect public assets, not private assets. Mayor Pro Tem Hall inquired as to what can be done with these types of slopes until the ground dries out. Mr. Hubbs stated that because of the weight involved these cases are difficult to manage. He further stated that every case is different and that these slopes need to be studied with professional advisers. Mayor Lewis stated that the City would monitor the Federal and State emergency actions. 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: None. ADJOURNMENT: By proper motion, the Regular Meeting of March 8, 2005 was adjourned at 6:40 p.m. URRAI M. WOOD, MMC