HomeMy WebLinkAbout2005-04-26; 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 26, 2005
City Council Chambers
CALL TO ORDER: Mayor Pro Tem Hall called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent: Lewis.
Hall, Kulchin, Packard, and Sigafoose.
PRESENTATION:
Mayor Pro Tem Hall presented a Proclamation to Marva Bledsoe, Executive Director of
the Women’s Resource Center, in recognition of Sexual Assault Awareness Month.
Ms. Bledsoe thanked Council for their continued support of the Women’s Resource
Center.
CONSENT CALENDAR:
Item #8 was pulled for discussion.
ACTION: On a motion by Council Member Kulchin, Council affirmed the
action of the Consent Calendar, Items #I through #7, as follows:
AYES:
NOES: None
ABSENT: 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. AB #18,086- APPROVAL OF QUITCLAIM OF SEWER EASEMENT ACROSS CT
02-14, UNIT 6 (PR 04-84).
Council adopted RESOLUTION NO. 2005-1 21 , approving a quitclaim of an
existing sewer easement across CT 02-14, Unit 6, per Map No. 14779, to
Greystone Homes, Inc.
2. AB #18,087 - REQUEST FOR OUT OF STATE TRAVEL.
Council adopted RESOLUTION NO. 2005-1 22, approving out-of-state travel to
Dallas, Texas for a Police Department Captain to attend a meeting and conduct
site visits regarding the proposed shooting range.
April 26, 2005 Carlsbad City Council Meeting Page 2
3. AB #18,088 -VACATION OF A PORTION OF JEFFERSON STREET, STV 04-03 (ADJ
03-1 4).
Council adopted RESOLUTION NO. 2005-123, summarily vacating a portion of
street right-of-way on Jefferson Street.
4. AB #18,089 - DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2005-124, declaring a continued state of
local emergency, and the authorizing staff to seek reimbursement from state and
federal agencies.
5. AB #18,090- PURCHASE OF TWO FIRE ENGINES FOR CARLSBAD FIRE
DEPARTMENT.
Council adopted RESOLUTION NO. 2005-1 25, authorizing the purchase of two
fire engines from Seagrave Fire Apparatus, LLC.
6. AB #18,091- APPROVAL OF AGRICULTURAL LEASE WITH RICK MATTESON.
Council adopted RESOLUTION NO. 2005-1 26, approving an Agricultural Lease
Agreement with Rick Matteson, dba Matteson Greenhouses for 3.01 acres of
property on APN 210-090-17, known as Cannon Lake Park.
7. AB #18,092 -AWARD OF CONTRACT FOR REMODEL OF SAFETY AND
SERVICE CENTER AUDITORIUM.
Council adopted RESOLUTION NO. 2005-1 27, accepting the bids and awarding
the contract for remodel of the Safety and Service Center auditorium to Randall
Construction, and appropriating funds for Contract No. FAC 05-03A.
8. AB #18.094 -AUTHORIZE ABATEMENT OF EARTH MOVEMENT AT LA COSTA
DE MARBELLA CONDOMINIUM PROJECT.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEMS:
8. AB #I 8,094 - AUTHORIZE ABATEMENT OF EARTH MOVEMENT AT LA COSTA
DE MARBELLA CONDOMINIUM PROJECT.
Glenn Pruim, Deputy Public Works Director, presented the staff report and reviewed a
PowerPoint presentation (on file in the City Clerks office).
Mr. Pruim displayed slides depicting the current condition of the La Costa de Marbella
property and the proposed measures and costs to abate further peril on the property.
In response to an inquiry from Council Member Packard, City Attorney Ron Ball
referenced a letter received from Stoney-Miller Consultant's Inc. dated April 25, 2005
(on file in the City Clerk's office) addressing the requirements of Government Code
Sections 865 through Sections 867 to ensure that the City is granted immunity to enter
and attempt to abate the peril without further liability.
April 26, 2005 Carlsbad City Council Meeting Page 3
Mr. Ball also explained that the City was not required to go through the formal bid
process because an emergency had already been declared by Council, therefore the
City could dispense with the normal and sometimes lengthy routine of public bidding.
In response to an inquiry from Council Member Hall, Mr. Pruim reviewed the proposed
solutions to abate further peril at La Costa de Marbella. The solutions contained the
following measures:
0 Construction of a caisson wall
0 Reconstruction of damaged portions of La Costa Avenue
0 Construction of a retaining wall
Council Member Hall confirmed with the City Clerk that no speaker slips had been
received regarding the agenda item.
On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2005-1 29, authorizing emergency repairs to
public property and the installation of protective measures on
adjacent private property to protect the public rights of way
pursuant to Government Code sections 865 - 867 and
appropriating the funds.
AYES: Hall, Kulchin, Packard and Sigafoose
NOES: None
ABSENT: Lewis
Maurice Rau, 7122 Lantana Terrace, Carlsbad, came forward to address Council. Mr.
Rau expressed concerns regarding a landslide and water problem on Batiquitos Lagoon
Drive at the bottom of a 70 foot slope.
Mr. Rau distributed photos to Council (on file in the City Clerk’s office) depicting the
area of concern.
Alex Conley, 2814 Via Carez, Carlsbad came forward to address Council. Mr. Conley
asked that Council consider building a skatepark in the downtown Carlsbad area. Mr.
Conley submitted a petition (on file in the City Clerk’s office) signed by citizens in
support of the construction of a new skatepark.
Conrad Mateus, 2746 Mesa Drive, Carlsbad expressed his support for a new skatepark
so that skaters would have somewhere to go after school.
Lewis Down, 2873 Highland Drive, Carlsbad voiced his support for and gave examples
of potential locations for a new skatepark.
Mayor Pro Tem Hall suggested that Mr. Conley, Mr. Mateus and Mr. Down contact
Recreation Director Ken Price regarding their ideas for the construction of a new
skatepark.
April 26, 2005 Carlsbad City Council Meeting Page 4
In response to Mr. Rau’s concerns regarding the landslide and water problem on
Batiquitos Lagoon Drive, Deputy Public Works Director Glen Pruim, stated that the
Engineering Department was evaluating whether the property is located in the public
right-of-way or on private property.
Mr. Pruim also explained that the City was currently in the process of retaining a
consultant on board to evaluate the structural integrity of various slopes in the City
including this location.
Mr. Pruim stated that the Engineering Department would follow up with Mr. Rau once a
determination of who is responsible for maintaining the slope is confirmed.
PUBLIC HEARING:
9. AB #18,093 - RESIDENTIAL DENSITY CLARIFICATION GPA 04-21/ZCA 04-1 I/LCPA
04-1 9.
Jennifer Coon, Associate Planner, presented the staff report and reviewed a
PowerPoint presentation (on file in the City Clerk’s office).
Ms. Coon gave a brief background of the proposed residential density clarification.
In response to an inquiry from Council Member Packard, Ms. Coon confirmed that the
anticipated impact to the Excess Dwelling Unit Bank would be insignificant.
Mayor Pro Tem Hall opened the duly noticed Public Hearing at 6:35 p.m. and asked if
anyone would like to speak.
Seeing no one wishing to speak Mayor Pro Tem Hall closed the Public Hearing at 6:35
p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Kulchin, Council introduced
ORDINANCE NO. NS-753, amending Title 21 of the Carlsbad
Municipal Code by amending the Residential Density Calculation
provisions in the Zoning Ordinance, and by amending “Table A
Permitted Uses” in Chapter 21.08 (R-A Zone) of the Municipal
Code for consistency; and
Council adopted RESOLUTION NO. 2005-128, approving a
General Plan Amendment and Local Coastal Program Amendment
to clarify Residential Density Provisions.
AYES:
NOES: None
ABSENT: Lewis
Hall, Kulchin, Packard, and Sigafoose
April 26, 2005 Carlsbad City Council Meeting Page 5
10.AB #18,082 -VILLAGES OF IA COSTA GREENS NEIGHBORHOOD 1.17 CT 04-
O9/PUD 04-08.
Council Member Kulchin stated that she would not vote on this item due to a potential
conflict of interest. Ms. Kulchin left the dais at 6:36 p.m.
Gary Barberio, Principal Planner, reviewed the staff report. Mr. Barberio explained that
this item had been continued from the April 19, 2005 City Council meeting as
recommended by the City Manager. The continuance was the result of a revised
condition that had been recommended by the Engineering Department for the project
and the need for the recommendation to be reviewed by other City Staff prior to
adoption of the resolution.
Mayor Pro Tem Hall opened the duly noticed Public Hearing at 6:36 p.m. and asked if
anyone would like to speak.
The applicant, Fred Arbuckle of Morrow Development, 1903 Wright Place Suite 180,
Carlsbad came forward to address Council. Mr. Arbuckle stated that he was aware of
the added condition recommended by the Engineering Department and that he was in
agreement with the recommendation.
Seeing no one else wishing to speak Mayor Pro Tem Hall closed the Public Hearing at
6:38 p.m.
Council discussion ensued regarding their support for the proposed project.
ACTION: On a motion by Council Member Packard, Council adopted
RESOLUTION NO. 2005-1 15, approving a Tentative Tract Map
and Planned Unit Development for Villages of La Costa Greens
Neighborhood 1.17 to subdivide 42.4 acres into 107 single-family
lots and 9 open-space lots on property generally located south of
Poinsettia Lane, north of Alga Road, east of El Camino Real and
west of the La Costa Golf Course in Local Facilities Management
Zone IO, as amended to eliminate Condition No. 45 of Planning
Commission Resolution No. 5851 and amend Condition No. 42 to
include the following: (c) Traffic signal, ultimate intersection striping
and signal interconnect at the intersection of Estrella De Mar and
Poinsettia Lane.
AYES: Hall, Packard, and Sigafoose
NOES: None
ABSENT: Lewis and Kulchin
Council Member Kulchin returned to the dais at 6:40 p.m.
April 26, 2005 Carlsbad City Council Meeting Page 6
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD MEETING
Mayor Pro Tern Hall adjourned to the Carlsbad Municipal Water District Meeting at 6:40
p.m. and reconvened at 6:41 p.m. with Mayor Pro Tern Hall and three Council Members
present .
DEPARTMENTAL AND CITY MANAGER REPORT:
11 .AB #18,097 -APPROVAL OF REVISIONS TO COUNCIL POLICY 43 - EXCESS
DWELLING UNIT BANK.
Jennifer Coon, Associate Planner, presented the staff report and reviewed a
PowerPoint presentation (on file in the City Clerk’s office).
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2005-1 32, approving revisions to City Council
Policy No. 43, regarding the list of “characteristics” that would
qualify a project for a dwelling unit allocation from the Excess
Dwelling Unit Bank of the Growth Management Plan.
- AYES: Hall, Kulchin, Packard, and Sigafoose - NOES: None
ABSENT: Lewis
12.AB #18,098 - DESIGN REVIEW BOARD APPOINTMENTS.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2005-133, appointing Mike Schumacher to the
Design Review Board and adopted RESOLUTION NO. 2005-134,
reappointing Tony Lawson to the Design Review Board.
AYES:
NOES: None
ABSENT: Lewis
Hall, Kulchin, Packard and Sigafoose.
13.AB #18,099 - CARLSBAD COMMUNITY CABLE TELEVISION FOUNDATION
APPOl NTMENTS.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2005-1 35, and RESOLUTION NO. 2005-1 36,
appointing Theresa Childs and Harv Kauffman to the Carlsbad
Community Cable Television Foundation.
AYES:
NOES: None
ABSENT: Lewis
Hall, Kulchin, Packard and Sigafoose.
April 26, 2005 Carlsbad City Council Meeting Page 7
COUNCIL REPORTS AND COMMENTS:
Mayor Pro Tem Hall 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.
ADJOURNMENT:
By proper motion, the Regular Meeting of April 26, 2005 was adjourned at 6:48 p.m.
LMAINE M. WOOD, CMC
City Clerk
Sheila R. Cobian
Deputy City Clerk