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HomeMy WebLinkAbout2005-07-19; 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 19, 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 APPROVAL OF MINUTES: Minutes of the Special Meetings held on June 21, 2005. Minutes of the Regular Meeting held on June 21 , 2005. Minutes of the Joint Special Meeting held on June 21 , 2005. Minutes of the Special Meeting held on June 28, 2005. Minutes of the Regular Meeting held on June 28, 2005. ACTION: On a motion by Mayor Pro Tem Hall, Council approved the minutes as follows: AYES: NOES: None Lewis, Hall, Kulchin, Packard and Sigafoose CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Items #I through #5 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. AB #I 8,205 - AMENDMENTS TO THE CONSULTANT SERVICE AGREEMENTS FOR AVIARA COMMUNITY PARK, PROJECT NO. 3699-1. Council adopted RESOLUTION NO. 2005-224, approving amendments to the consultant service agreements with B&G Consultants and NTD Architects, Incorporated for Aviara Community Park, Project No. 3699-1. July 19, 2005 Carlsbad City Council Meeting Page 2 2. 3. 4. 5. AB #I 8.206 - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2005-225, declaring a continued state of local emergency, authorizing staff to seek reimbursement from state and federal agencies and appropriating additional funds. AB #18,207 - REPORTING THE TERMS AND CONDITIONS OF THE SETTLEMENT IN COLLEEN KELLY v. CITY OF CARLSBAD, ET AL. CASE NO. lN040936. Council reported out the terms and conditions of the settlement in the case Colleen Kellv v. City of Carlsbad. et al. case No. lN040936. AB #18,208 -APPROVING TENTATIVE PARCEL MAP FOR THE LOKER BUSINESS CENTER - CASE NO. MS 04-04. Council adopted RESOLUTION NO. 2005-226, adopting a Negative Declaration and conditionally granting the appeal of the City Engineer’s denial, and approving tentative parcel map MS 04-04. AB #18,218 - REPORTING THE TERMS AND CONDITIONS OF THE SETTLEMENT OF SCRIPPS CLINIC HEALTH PLAN SERVICES, INC. CLAIM. Council reported out the terms and conditions of the settlement of the claim of Scripps Clinic Health Plan Services, Inc. ORDINANCES FOR INTRODUCTION: 6. AB #18,209 - ESTABLISHMENT OF STOP CONTROLS ON STREETS THAT INTERSECT WITH MADISON STREET. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-763, amending Title IO, Chapter 10.28 of the Carlsbad Municipal Code to require stop controls on Madison Street at the intersections of Walnut Avenue, Chestnut Avenue, Pine Avenue and Oak Avenue. AYES: - NOES: None Lewis, Hall, Kulchin, Packard, and Sigafoose 7. AB #18,210 - ESTABLISHMENT OF STOP CONTROL ON HIDDEN VALLEY ROAD. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-764, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require a stop control on Hidden Valley Road at its intersection with Lighthouse Road. AYES: NOES: None Lewis, Hall, Kulchin, Packard, and Sigafoose July 19, 2005 Carlsbad City Council Meeting Page 3 ORDINANCE FOR ADOPTION: 8. AB #18,211 -ADDITION OF ATTORNEY’S FEES AND INVESTIGATORY EXPENSES TO CIVIL ACTIONS FOR MONETARY DAMAGES. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-762, amending Section 11.12.160C of the Carlsbad Municipal Code to add attorney’s fees and investigatory expenses to civil actions for monetary damages. AYES: - NOES: None Lewis, Hall, Kulchin, Packard, and Sigafoose PUBLIC COMMENT: Michele Levy, 3021 Highland, came forward to address Council. Ms. Levy expressed concerns relating to lighting in the parking lot of the property at 3016 Highland. Ms. Levy also inquired as to the number of children permitted to attend the school while operating with a temporary permit. Dolores Welty, 2076 Sheridan Road, Encinitas came forward to address Council. Ms. Welty confirmed that Council had received her letter dated July 19, 2005 (on file in the office of the City Clerk) regarding agenda item #I 0. In response to an inquiry from Mayor Lewis, Building and Code Enforcement Manager Pat Kelley, confirmed that Ms. Levy has access to the files regarding the plans on the property at 3016 Highland. Mr. Kelley also defined the technical term for soft opening as a Temporary Certificate of Occupancy and gave the requirements for such a certificate. PUBLIC HEARINGS: 9. AB #18,212 -AMENDMENTS TO PROPOSITION H GUIDELINES. Public Works Director Lloyd Hubbs presented the staff report. Mr. Hubbs detailed the history regarding the establishment of Proposition H and the proposed amendment to the guidelines set forth before Council. Mayor lewis opened the duly noticed Public Hearing at 6:14 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:14 p.m. ACTION: On a minute motion by Mayor Pro Tem Hall, Council adopted a sixth guideline to the Proposition H Guidelines to clarify that “Improvements to Real Property” do not include replacement, repair, maintenance, routine refurbishment or upgrades of existing facilities. AYES: NOES: None Lewis, Hall, Kulchin, Packard and Sigafoose July 19, 2005 Carlsbad City Council Meeting Page 4 10.AB #18,213 - PONTO BEACHFRONT VILLAGE VISION PLAN - GPA 05-04/LCPA 05-01/DI 05-01. (Item continued from the June 28, 2005 Meeting-) Housing and Redevelopment Director Debbie Fountain, and Principal Planner Gary Barberio, presented the staff report and reviewed a PowerPoint presentation (on file in the office of the City Clerk). In response to questions and concerns presented at the June 28, 2005 Public Hearing, Ms. Fountain reviewed staffs analysis regarding the public testimony. The following areas of concern were addressed: Need for an Environmental Impact Report (EIR) Maintain Village Feel Community Amenities Development Standards Protection of Public Views Appropriate Signage Land Use Strategy Adequate Public Noticing Mr. Barberio reviewed the recommended action presented to Council at the Public Hearing on June 28,2005. Mr. Barberio explained that after reviewing the comments and concerns expressed at the Public Hearing, staff rescinded their original recommendation of approval of the Mitigated Negative Declaration and now staff recommends that Council direct staff to prepare an Environmental Impact Report (EIR). Ms. Fountain concluded the staff report by highlighting the following options available for Council action: Authorize staff to proceed with EIR with City to fund its preparation. Request Property Owners to prepare and fund the EIR for the Vision Plan. e City and Property Owners jointly complete and fund the EIR for the Vision Plan and individual development projects. Deny the Ponto Beachfront Village Vision Plan. In response to an inquiry from Mayor Pro Tem Hall, Ms. Fountain stated that there are I2 owners of the 25 parcels of land and that four of the owners hold 17 of the parcels. Ms. Fountain also explained that as each project came forward, staff would evaluate how to include additional open space. In response to an inquiry from Mayor Pro Tem Hall, Mr. Barberio explained that the zoning requirement for open space varies depending on the type of development being proposed. Mr. Barberio stated that the proposed underpass would be in the City owned public right-of-way, therefore the % acre site could be considered open space. In response to an inquiry from Council Member Kulchin, Ms. Fountain confirmed that the City of Carlsbad currently has no paid parking. July 19, 2005 Carlsbad City Council Meeting Page 5 Also in response to Council Member Kulchin, Mr. Barberio confirmed that the Vision Plan is entirely consistent with the Habitat Management Plan (HMP). In response to an inquiry from Council Member Sigafoose, Ms. Fountain explained that an incentive for the property owners to move forward with the City in preparing the EIR would be the benefit of time and the added credibility to the overall EIR and the Vision document. In response to a question from Mayor Lewis, Mr. Barberio confirmed that the length of time for preparation of the EIR would be approximately 1 to 2 years. Council discussion ensued regarding their support for the third option presented by Ms. Fountain: City and Property Owners jointly complete and fund the EIR for the Vision Plan and individual development projects. Assistant City Attorney Jane Mobaldi clarified Council’s intent and preference to have the City work together with the property owners in order to prepare and fund the EIR, and also that in the event that not all of the property owners wish to participate, that the Council was still authorizing the City to proceed with the preparation of the EIR. Mayor Lewis asked that the record show he would only support the third option providing the property owners come forward to work with the City in funding and preparing the EIR. ACTION: On a motion by Mayor Pro Tem Hall, Council approved staffs recommendation for the City and Property Owners to jointly complete and fund the EIR for the Vision Plan and individual development projects. - AYES: - NOES: None Lewis, Hall, Kulchin, Packard and Sigafoose RECESS: Mayor Lewis declared a recess at 7:23 p.m. Council reconvened at 7:29 p.m., with five members present. ADJOURNMENT TO THE SPECIAL MEETING OF PUBLIC FINANCING AUTHORITY Mayor Lewis adjourned the City Council Meeting to the Special Meeting of the Public Financing Authority at 7:28 p.m. with all members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Public Financing Authority to the remainder of the City Council Meeting at 7:29 p.m. with all members present. July 19, 2005 Carlsbad City Council Meeting Page 6 DEPARTMENTAL AND CITY MANAGER REPORT: 11.AB #I8217 -AWARDING CONTRACT TO INSTALL A SYNTHETIC TURF FIELD AT STAGECOACH PARK - CONTRACT NO. 39371 PROJECT NO. PKS 04-03. Public Works Supervisor Dale Schuck, presented the staff report and reviewed a PowerPoint presentation (on file in the office of the City Clerk). In response to an inquiry from Mayor Lewis, Mr. Schuck stated that the athletic fields are inspected on a weekly basis. Council discussion ensued regarding their support for the installation of synthetic turf at Stagecoach Park. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-231, accepting the bid and awarding the contract to Western Rim Constructors Inc. to install a synthetic turf field at Stagecoach Park - Contract No. 39371, Project No. PKS 04-03 and approving appropriation of additional funds. AYES: NOES: None Lewis, Hall, Kulchin, Packard and Sigafoose 12.AB #18,215 -APPOINTMENTS TO THE TRAFFIC SAFETY COMMISSION. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2005-228, and RESOLUTION NO. 2005-229, re-appointing Steve Dorsey and Susan Gardner to the Traffic Safety Commission. AYES: NOES: None Lewis, Hall, Kulchin, Packard, and Sigafoose 13.AB #18,216 -APPOINTMENT TO THE ARTS COMMISSION. Council concurred to continue this item to the meeting of July 26, 2005. COUNCIL REPORTS AND COMMENTS: Mayor Lewis discussed the Citizen’s Advisory Committee for the Agricultural Mitigation Funds. 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 19, 2005 Carlsbad City Council Meeting Page 7 Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, July 20,2005 - 11 a.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue Carlsbad, California Thursday, July 21,2005 - 12 noon North County MayordManagers Meeting K-I Speed 6212 Code Del Abeto Carlsbad, California Thursday, July 21, 2005 - 530 p.m. La Costa Greens Grand Opening 2341 Lapis Road Carlsbad, California By proper motion, the Regular Meeting of July 19, 2005 was adjourned at 7:47 p.m. LORRAINE M. WOOD, CMC City Clerk I, 4 L/ Deputy City Clerk