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HomeMy WebLinkAbout2005-04-05; City Council; Minutes (2)MINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Regular Meeting) April 5, 2005 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: None. Lewis, Hall, Kulchin, Packard and Sigafoose. LEGISLATIVE INVOCATION: Mayor Lewis offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Sigafoose led the Pledge of Allegiance. PRESENTATIONS: Mayor Lewis introduced Miss Carlsbad 2005 and the Court of Princesses. Miss Carlsbad, Stacy Poulos and her Court of Princesses, gave a brief background about themselves and their goals. Miss Poulos presented Mayor Lewis with a check for $1,000 on behalf of the Carlsbad Lions Club to assist the visually impaired at the Carlsbad City Libraries. Council Member Kulchin presented Brian Parmalee with a Proclamation in recognition of his achievements while he was the General Manager at Four Seasons Resort Aviara. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, minutes of the following meetings were approved as presented: Minutes of the Special Meetings held March 15, 2005 Minutes of the Regular Meeting held March 15, 2005. Minutes of the Joint Special Meeting held March 15, 2005. Minutes of the Special Meeting held March 16, 2005. Minutes of the Emergency Meeting held March 18, 2005. Minutes of the Special Meeting held March 22, 2005. Minutes of the Regular Meeting held March 22, 2005. April 5, 2005 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: Items #2, #6, and #I 3 were pulled for discussion. ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #I, #3 through #5, #7 through #12, and items #I4 through #I9 as follows: - AYES: NOES: None. Lewis, Hall, 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. 2. 3. 4. 5. 6. AB #I 8,043 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2005-090, accepting a donation from the Carlsbad Friends of the Arts and appropriating the funds to reimburse the City for printing costs incurred for printing the 2004 Invitational Catalogue. AB #18,044 -APPROVAL OF PROJECT FUNDING ALLOCATIONS FOR 2005- 2006 CDBG/HOME PROGRAM. This item was pulled for discussion. AB #18,045 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on City investments as of February 28, 2005. AB #I 8,046 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR SYNTHETIC TURF AT STAGECOACH PARK - PROJECT NO. 39371. Council adopted RESOLUTION NO. 2005-092, approving contract documents, special provisions and specifications and authorizing the City Clerk to advertise for bids to install a synthetic turf playing field at Stagecoach Park. AB #I 8,047 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF THE 2005 PAVEMENT OVERLAY - PROJECT NO. 3667-1 1, Council adopted RESOLUTION NO. 2005-093, approving plans and specifications and authorizing the City Clerk to advertise for bids for construction of the 2005 Pavement Overlay Project. AB #18,048 -APPROVAL OF LOAN TO THE CARLSBAD CONVENTION AND VISITOR’S BUREAU FOR THE FORMATION OF A TOURIST BUSINESS IMPROVEMENT DISTRICT. This item was pulled for discussion. April 5, 2005 Carlsbad City Council Meeting Page 3 7. AB #18,049 -ACCEPTANCE OF CONSTRUCTION FOR EL CAMINO REAL SEWER, TAMARACK AVENUE TO CHESTNUT AVENUE - PROJECT NO. 3891 1. Council adopted RESOLUTION NO. 2005-095, accepting the construction of El Camino Real Sewer, from Tamarack Avenue to Chestnut Avenue, Project No. 3891 1, as complete, and directing the City Clerk to record a Notice of Completion. 8. AB #18,050 - REQUEST FOR OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2005-096, approving out-of-state travel for a Senior Accountant in the Finance Department to attend the National Association of Local Government Auditors Conference in Milwaukee, Wisconsin. 9. AB #I 8,051 - REQUEST FOR OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 2005-1 01, approving out-of-state travel for two representatives of the City to attend the ICMA Best Practices / Performance Measurement Conference in Austin, Texas. 1O.AB #18,052 - CELL PHONE COST REIMBURSEMENT FOR COUNCIL MEMBERS. Council adopted RESOLUTION NO. 2005-097, authorizing reimbursement for cell phone usage by members of the City Council. 11 .AB #18,053 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE CITY OF CARLSBAD WEED ABATEMENT PROGRAM. Council adopted RESOLUTION NO. 2005-098, declaring weeds, rubbish and refuse upon private property in the City of Carlsbad to be public nuisances, and setting the matter for Public Hearing on April 19, 2005. 12.AB #18,064 - AUTHORIZATION TO ADVERTISE FOR BIDS AND APPROPRIATE FUNDS FOR 36 TRAFFIC SIGNAL BATTERY BACKUP SYSTEMS. Council adopted RESOLUTION NO. 2005-102, approving plans and specifications and authorizing the City Clerk to advertise for bids for the installation of 36 traffic signal battery backup systems and appropriating funds. 13.AB #18,065 -AGREEMENT FOR THE PREPARATION OF THE DRAINAGE MASTER PLAN UPDATE, PLANNED LOCAL DRAINAGE FEE STUDY, AND PROGRAM ENVIRONMENTAL IMPACT REPORT, PROJECT NO. 3872. This item was pulled for discussion. 14.AB #18,054 - DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2005-099, declaring a continued state of local emergency, and authorizing staff to seek reimbursement from state and federal agencies. April 5, 2005 Carlsbad City Council Meeting Page 4 DISCUSSION OF CONSENT CALENDAR ITEMS: 2. AB #18,044 -APPROVAL OF PROJECT FUNDING ALLOCATIONS FOR 2005- 2006 CDBGIHOME PROGRAM. Mayor Lewis requested that this item be pulled to request that Council approve a $4,000 donation to Fraternity House from the Council Contingency Fund. Council Member Kulchin stated that she would second that motion. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2005-091, selecting specific projects for funding under the 2005- 2006 Community Development Block Grant and Home Investment Partnership Programs as amended to allocate $4,000 from the Council Contingency Fund to Fraternity House Inc. for the operation of a residential care facility. AYES: NOES: Packard Lewis, Hall, Kulchin and Sigafoose 6. AB #18,048 -APPROVAL OF LOAN TO THE CARLSBAD CONVENTION AND VISITOR’S BUREAU FOR THE FORMATION OF A TOURIST BUSINESS IMPROVEMENT DISTRICT. Due to a potential conflict of interest, Council Member Sigaffose disqualified herself from voting on this item. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-094, appropriating funds in the form of a loan to the Carlsbad Convention and Visitor’s Bureau. AYES: NOES: None. ABSENT: Sigafoose Lewis, Hall, Kulchin and Packard 13.AB #18,065 -AGREEMENT FOR THE PREPARATION OF THE DRAINAGE MASTER PLAN UPDATE, PLANNED LOCAL DRAINAGE FEE STUDY, AND PROGRAM ENVIRONMENTAL IMPACT REPORT, PROJECT NO. 3872. Diane Nygaard, 5020 Nighthawk Way, Oceanside, representing Preserve Calavera came forward to address Council. Ms. Nygaard expressed concerns relating to the escalating decline of the creeks and riparian corridors from the effects of development. Ms. Nygaard asked that this project be started with clear goals and that the goals address the health of the creeks and coastal waters. April 5, 2005 Carlsbad City Council Meeting Page 5 ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-1 03, approving a Consultant Agreement with Brown and Caldwell for preparation of the Drainage Master Plan Update, Planned Local Drainage Fee Study, and Program Environmental Impact Report. AYES: NOES: None. Lewis, Hall, Kulchin, Packard and Sigafoose. ORDINANCES FOR INTRODUCTION: 15.AB #18,055 - EXTENSION OF INTERIM PLAN FOR AGUA HEDIONDA LAGOON. Bruce Posthumus, representing the Southern California Caulerpa Action Team (SCCAT), came forward to address Council. Mr. Posthumus stated that caulerpa had not been found since September of 2002 and that if caulerpa was not found through the fall of this year they would expect eradication be declared. In response to an inquiry from Council Member Packard, Mr. Posthumus confirmed that the Declaration of Eradicaton would be made by the Department of Fish and Game following a recommendation from SCCAT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-749, amending Chapter 11.24 of the Carlsbad Municipal Code to extend the Interim Plan for Agua Hedionda Lagoon. AYES: NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose 16.AB #18,056 - ESTABLISHMENT OF STOP CONTROL AT THE INTERSECTION OF RANCHO CORTES AND CARRILLO WAY. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-750, amending Title IO, Chapter 10.28 of the Carlsbad Municipal Code to require a stop on Rancho Codes at its intersection with Carrillo Way. - AYES: NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose April 5, 2005 Carlsbad City Council Meeting Page 6 ORDINANCES FOR ADOPTION: 17.AB #18,057 -AMENDMENT OF ORDINANCE TO REQUIRE SUBDIVISION DESIGN TO PROVIDE COMMUNICATION SYSTEMS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-745, amending Title 20, Chapter 20.16, Section 20.16.040(D) to require the design of a subdivision to provide for communication systems, including telephone and internet services. AYES: NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose 18.AB #18,058 - APPROVAL OF ZONE CHANGE - ZC 04-01 - YAMAMOTO SUBDIVISION. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-748, amending amending Section 21.05.030 of the Carlsbad Municipal Code by an Amendment to the Zoning Map to grant a Zone Change, ZC 04-01, from Limited Control (L-C) to One-Family Residential (R-I) on a 5.09 acre site generally located on the east side of Black Rail Road, south of Songbird Avenue and north of Ocean Crest Avenue in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20 AYES: NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose PUBLIC COMMENT: David Grubb, speaking on behalf of the members of the Sierra Club came forward to address Council. Mr. Grubb expressed concerns with the delayed formation of an Open Space Committee. Mr. Grubb stated that the Sierra Club had held a public meeting to gauge the public support for an Open Space Committee and were surprised by the number of people who turned out and the intensity of their concern regarding the issue. Mr. Grubb also stated that in preparation for the workshop, people were asked to fill out cards expressing their concerns relating to the delay in the formation of an Open Space Committee and their concerns regarding the lack of Open Space. April 5, 2005 Carlsbad City Council Meeting Page 7 Members of the audience came forward to provide the cards (on file in the office of the City Clerk) to the City Clerk. Mr. Grubb asked that Council move forward to appoint an Open Space Citizen’s Committee so the committee could consider options and make recommendations to Council. Mayor Lewis stated that currently the City and one of the environmental groups are involved in litigation, therefore, the Council would not be forming an Open Space Committee until the law suit was resolved. PUBLIC HEARINGS: 19.AB #18,059 -VILLAGES OF LA COSTA OAKS NEIGHBORHOOD 3.6 AFFORDABLE SITE SDP 04-1 3/HDP 04-1 0. Christer Westman, Senior Planner presented the staff report and reviewed a PowerPoint presentation (on file in the City Clerk’s office). Jack Henthorn, 5365 Avenida Encinas Suite A, Carlsbad, representing the applicant Chelsea Investment Corporation, came forward to address Council. Mr. Henthorn gave a brief background of the proposed project and the qualifications of Chelsea Investments. He stated that they are pleased to provide affordable housing for Carlsbad. Mayor Lewis opened the duly noticed Public Hearing at 6:42 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 650 p.m. Council discussion ensued regarding their support for the project. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-100, approving a Site Development Plan and Hillside Development Permit for Villages of La Costa Oaks Neighborhood 3.6 to develop 168 one-, two-, and three-bedroom affordable apartments in nine individual buildings on a 15.8 acre site on property generally located at the southeast corner of Rancho Santa Fe Road and San Elijo Road in Local Facilities Management Zone 11. AYES: NOES: Lewis, Hall, Kulchin, Packard, and Sigafoose None. April 5, 2005 Carlsbad City Council Meeting Page 8 20.AB #I 8,060 - APPROVAL OF AMENDMENT TO EXTEND EFFECTIVENESS TIME LIMIT FOR CARLSBAD VILLAGE AREA REDEVELOPMENT PLAN. Debbie Fountain, Housing and Redevelopment Director presented the staff report. Ms. Fountain reviewed the history of the Carlsbad Village Redevelopment Plan, stating the plan was adopted in 1981. She also noted that originally the 25 year plan would have expired in July of 2006, however, as a result of the State requesting funding from the City of Carlsbad Redevelopment Agency to help with the State budget shortfall, the State had authorized the City to extend their Redevelopment Plan for two years in order to continue to collect tax increments for any existing debt and to fund projects. Mayor Lewis opened the duly noticed Public Hearing at 626 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 650 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-751, amending the Carlsbad Village Area Redevelopment Plan to extend certain time limits pursuant to Senate Bill 1096 as codified in Health and Safety Code Section 33333.6. AYES: - NOES: None. Lewis, Hall, Kulchin, Packard, and Sigafoose DEPARTMENTAL AND CITY MANAGER REPORT: 21.AB #18,061 - PRESENTATION FROM SAN DIEGO GAS AND ELECTRIC COMPANY. Public Affairs Manager Donald A. Parent and J.C. Thomas of SDG&E reviewed a PowerPoint presentation (not on file in the City Clerk’s office) regarding the development of a new transmission line to San Diego County. Mr. Parent distributed handouts (on file in the City Clerk’s office) to Council regarding upcoming events that SDG&E was sponsoring. Mr. Thomas explained the region’s future energy needs and the challenges in meeting those needs. He stated that the following were the three key energy challenges: 0 Increasing demand for energy and population growth 0 Aging of existing power plants and transmission lines in the region 0 Goal of supplying 20% of the energy to the region with renewable power such as wind, solar and geothermal Mr. Thomas stated that there was construction of new power plants underway in San Diego County. The new facilities are in Miramar, Escondido and Otay Mesa. April 5, 2005 Carlsbad City Council Meeting Page 9 Mr. Thomas also explained SDG&E was working on upgrading transmission lines. He stated that they were adding new transmission lines to the Miguel substation located in Bonita. Mr. Thomas stated that the website for additional information is www.sdqe.com/newline. In response to an inquiry from Council Member Kulchin, Mr. Thomas explained that SDG&E was looking for new transmission line locations throughout the eastern portion of the County. Council received the report and took no action. 22.AB #18,062 - PRESENTATION FROM RANCHO CARLSBAD OWNERS’ ASSOCIATION. Bill Arnold, 5200 El Camino Real, Carlsbad, representing the Rancho Carlsbad Owners’ Association came forward to address Council. Mr. Arnold expressed his Association’s concerns regarding the lack of implementation of the City’s Flood Control Program for Rancho Carlsbad. Mr. Arnold detailed the history of the devastating effects of the flooding and the proposed solutions for the Rancho Carlsbad community. Mr. Arnold asked that Council take action and give Rancho Carlsbad priority attention. Mr. Arnold outlined the steps (on file in the City Clerk’s Office) that the Owner’s Association of Rancho Carlsbad felt would assist with the flooding problems as follows: Direct staff to make flood control for Rancho Carlsbad a priority. To make the design and the construction of the 84” storm drain in Cannon Road between College Boulevard and El Camino Real a City project separate from the Robinson Ranch developer project. Keep the drain within the City owned right-of-way. Direct staff to begin the environmental review process for the 84” pipe. Start the Conditional Letter of Map Revision process with FEMA. Direct Finance to include the 84” pipe in the 2005-2006 Capital Improvement Program. Continue plans to repair the outlet works at the Lake Calavera dam this summer. Begin immediate work on the dredging plans for Agua Hedionda Creek and submission of those plans to all Governmental Agencies from whom permits must be obtained. Direct finance to include all costs contemplated for dredging in the 2005-2006 Capital Improvement Program. Review and modify the design of the BJB basin, box culvert, and weir wall that presently conveys Calavera Creek water into Rancho Carlsbad’s drainage. Direct staff to provide monthly status reports on all of the projects and that Council monitor progress, or lack there of, and rectify any deficiencies. Council discussion ensued regarding Mr. Arnold’s concerns and the proposed solutions. April 5, 2005 Carlsbad City Council Meeting Page 10 Council received the report and directed staff to return with a report outlining options. 23.AB #I 8,063 - PARKS AND RECREATION COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2005-063, appointing Nora George to the Parks and Recreation Commission. AYES: NOES: None. Lewis, Hall, Kulchin, Packard and Sigafoose. 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 ,pril 5, 2005 was adjournec, at 7:49 p.m ir city Clerk Sheila Cobian Deputy City Clerk