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Home My WebLink About2005-07-05; City Council; Minutes (2)MINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Regular Meeting) July 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 Assistant City Clerk, as follows: Present: Absent: Hall. LEGISLATIVE INVOCATION : Mayor Lewis offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Kulchin led the Pledge of Allegiance. APPROVAL OF MINUTES: Lewis, Kulchin, Packard and Sigafoose. Minutes of the Special Meeting held June 7, 2005. Minutes of the Regular Meeting held June 7, 2005. Minutes of the Joint Special Meeting held June 7, 2005. ACTION: On a motion by Council Member Kulchin, Council approved the minutes as follows: AYES: Kulchin, Packard and Sigafoose - NOES: None ABSTAIN: Lewis ABSENT: Hall CONSENT CALENDAR: ACTION: On a motion by Council Illamber (ulchin, Council affirmed the action of the Consent Calendar, Items #I and #2 as follows: AYES: NOES: None ABSENT: Hall Lewis, Kulchin, Packard and Sigafoose July 5, 2005 Carlsbad City Council Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #18.192 - RENEWAL OF LIABILITY COVERAGE. Council adopted RESOLUTION NO. 2005-21 8, approving the renewal of liability insurance through the California Municipal Excess Liability (CAMEL) program. 2. AB #18,193 -AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE 2005 PAVEMENT OVERLAY PROJECT - PROJECT NO. 3667-1 1. Council adopted RESOLUTION NO. 2005-21 9, accepting bids and awarding the contract to Hazard Construction for the construction of the 2005 Pavement Overlay Project No. 3667-1 1. ORDINANCES FOR ADOPTION: 3. AB #18,194 - ESTABLISHMENT OF STOP CONTROLS ON CAMINO DE LAS ONDAS. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-759, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the addition of Sections 10.28.790 and 10.28.800, to require a stop on Camino De Las Ondas at its intersection with Lemon Leaf Drive and to require a stop on Camino De Las Ondas at its intersection with Lonicera Street. AYES: - NOES: None ABSENT: Hall Lewis, Kulchin, Packard, and Sigafoose PRESENTATION: Recreation Supervisor Marc Beasley announced the upcoming Carlsbad Triathlon festivities on Saturday, July gth and Sunday, July 1 Oth. Mr. Beasley gave details regarding the attractions that would be present at the Health and Fitness Expo. Mr. Beasley also expressed his appreciation for the commitment of the 200+ persons who have volunteered to assist with the event. July 5, 2005 Carlsbad City Council Meeting Page 3 ORDINANCES FOR ADOPTION CONTINUED: 4. AB #18,197 -AMENDMENTS TO THE MUNICIPAL CODE REGULATING LICENSING AND OPERATIONAL STANDARDS FOR ADULT BUSINESSES AND PERFORMERS. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-761, amending sections 8.09, 11.28 and 21.43 of the Carlsbad Municipal Code and adding chapters 8.60 and 8.70 to the Carlsbad Municipal Code regulating the licensing and operational standards for adult businesses and licensing procedures for adult performers. AYES: - NOES: None ABSENT: Hall Lewis, Hall, Kulchin, Packard, and Sigafoose PUBLIC COMMENTS: Diane Nygaard, 5020 Nighthawk Way, Oceanside, representing Preserve Calavera, came forward to address Council. Ms. Nygaard thanked Council, the City Attorney and staff for their willingness to work with Preserve Calavera to resolve their differences regarding the Cantarini/Holly Springs project. Michele Levy, 3021 Highland, came forward to address Council. Ms. Levy expressed her concerns regarding the presence of children at 3016 Highland Drive while construction work is being done. Ms. Levy asked that someone return her calls and address her concerns relating to lighting and landscaping at 3016 Highland Drive. Jebediah Springfield, 101 Homer Street, Burnsville came forward to address Council. Mr. Springfield expressed concerns relating to the City’s policies for permission to speak at Council meetings. Mr. Springfield also expressed concerns relating to Police accountability. Pat Kelley, Building and Code Enforcement Manager, came forward to respond to Ms. Levy’s concerns. Mr. Kelley explained that although a complete Certificate of Occupancy had not yet been given to the property owner at 3016 Highland to operate the school, a partial Certificate of Occupancy had been given so that the owner could conduct a small summer camp on the premises. Mr. Kelley stated that the owner is aware of the things that must be completed in order to obtain a complete Certificate of Occupancy. Mr. Kelley also explained that the owner is actively seeking the assistance of a licensed contractor to complete the connection of the fire sprinkler system to the water supply in the street. Mr. Kelley stated that the owner has about two months (until the beginning of the school year) to complete the connection. July 5, 2005 Carlsbad City Council Meeting Page 4 In response to an inquiry from Council Member Packard, Mr. Kelley confirmed that it is not out of the ordinary for a partial Certificate of Occupancy to be granted. In response to an inquiry from Mayor Lewis, Mr. Kelley stated that the building in question is safer now than when it was previously, and stated that it is also ADA compliant now. PUBLIC HEARINGS: 5. AB #I 8.1 95 - ADOPTION OF THE 2004 CALIFORNIA ELECTRICAL CODE. Senior Building Inspector Mike Peterson presented the staff report. In response to an inquiry from Council Member Packard, Mr. Peterson stated that staff had not received any comments or calls from contractors relating to adoption of the e lectrica I cod e. In response to an inquiry from Council Member Sigafoose, Mr. Peterson explained that contractors receive information regarding the electrical code from staff or via the information on the City’s website. Mayor Lewis opened the duly noticed Public Hearing at 6:21 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:21 p.m. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-758, amending Title 18, Chapter 18.12 of the Carlsbad Municipal Code to adopt by reference the 2004 .- Edition of the California Electrical Code. Lewis, Kulchin, Packard and Sigafoose NOES: None ABSENT: Hall 6. AB #18,196 - GENERAL PLAN AMENDMENT - GPA 05-01/GPA 05-02. Management Analyst Don Rideout presented the staff report and reviewed the details of the two General Plan Amendments before Council. He stated that the purpose of the amendments were to proceed with implementation of the Habitat Management Plan (HMP), fulfill the requirements of the Implementing Agreements, and establish the foundation for future Zoning Ordinance amendments. Mr. Rideout also explained that the proposed General Plan amendments incorporate the HMP by reference and will ensure that all future developments are consistent with the provisions of the HMP. July 5, 2005 Carlsbad City Council Meeting Page 5 Mayor Lewis opened the duly noticed Public Hearing at 6:26 p.m. and asked if anyone would like to speak. Dennis Villovicencio, 191 Cherry Avenue, expressed his support for the amendment to the General Plan to incorporate the HMP, and for preservation of open space. Allison Rolfe, Policy Director with San Diego Bay Keeper, 2924 Emerson Street, thanked Council for their continued commitment to the Habitat Management Plan (HMP) and the regional MHCP. Seeing no one else wishing to speak Mayor Lewis closed the Public Hearing at 6:31 p.m. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2005-220, adopting a Negative Declaration and approving an amendment to the Land Use Element and Open Space and Conservation Element of the General Plan to incorporate references and policy statements regarding the City’s Habitat Management Plan. AYES: - NOES: None ABSENT: Hall Lewis, Kulchin, Packard and Sigafoose ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD. Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 6:32 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis reconvened the City Council Meeting at 6:33 p.m. with four Council Members present. 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. July 5, 2005 Carlsbad City Council Meeting Page 6 ANNOUNCEMENTS: Karen Kundtz, Assistant City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, July 6,2005 - 5:30 p.m. Carlsbad Chamber of Commerce/K2 Inc. Event 5818 El Camino Real Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of July 5, 2005 was adjourned at 6:38 p.m. Sheila Cobian Deputy City Clerk