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Home My WebLink About2005-09-06; City Council; Minutes (2)MINUTES MEETING OF: DATE OF MEETING: September 6,2005 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: Hall. Lewis, Kulchin, Packard and Sigafoose. LEGISLATIVE INVOCATION: Mayor Lewis offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL Mayor Lewis adjourned to the Special Meeting of the Carlsbad City Council at 6:O-l p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad City Council at 6:03 with four Council Members present. APPROVAL OF MINUTES: On a motion by Council Member Kulchin, minutes of the following meetings were approved as presented: Minutes of the Special Meeting held on August 2, 2005. (Kulchin - Abstain / Hall - Absent) Minutes of the Regular Meeting held on August 2, 2005. (Hall - Absent) Minutes of the Special Meeting held on August 9, 2005. (Hall - Absent) Minutes of the Regular Meeting held on August 9, 2005. (Hall - Absent) Minutes of the Joint Special Meeting held on August 9, 2005. (Hall -Absent) Mayor Lewis presented a Proclamation to retiring Police Captain Don Metcalf in recognition of his service to the City of Carlsbad. Mayor Lewis presented a Proclamation to Police Chief Tom Zoll in recognition of National Preparedness Month (September 2005). September 6,2005 Carlsbad City Council Meeting Page 2 Chief Zoll thanked the Council for their continued support of public safety and introduced Emergency Preparedness Coordinator Dan Papp. Mr. Papp expressed his appreciation to Council for taking the time to recognize National Preparedness Month. CONSENT CALENDAR: ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #8 as follows: AYES: - NOES: None ABSENT: Hall Lewis, 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 #18,257 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on the status of City investments as of July 31, 2005. 2. AB #18,258 - REPORTING THE TERMS AND CONDITIONS OF THE SETTLEMENT IN PRESERVE CALAVERA v. CITY OF CARLSBAD, CANTARlNl RANCH/HOLLY SPRINGS, CASE NO. GIN041593. Council reported out the terms and conditions of the settlement in the case Preserve Calavera v. Citv of Carlsbad, Cantarini Ranch/Hollv Springs. Case No. GIN041593. 3. AB #18,259 -AMENDMENT TO AGREEMENT WITH MANUEL ONCINA ARCHITECTS, INC., FOR THE CARLSBAD CITY LIBRARY LEARNING CENTER PROJECT. Council adopted RESOLUTION NO. 2005-269, approving Amendment No. 1 to extend and amend the architectural services agreement with Manuel Oncina Architects Inc. for the Carlsbad City Library Learning Center project. 4. AB #18.260 - FINAL MAP FOR CARLSBAD TRACT 04-03, LA COSTA RIDGE NEIGHBORHOODS 2.3 AND 2.4. Council adopted RESOLUTION NO. 2005-270, approving the final map for CT 04-03, La Costa Ridge Neighborhoods 2.3 and 2.4, and authorizing the map to be recorded. 5. AB #18,262 - FINAL MAP FOR CARLSBAD TRACT 04-04, LA COSTA RIDGE NEIGHBORHOOD 2.5. Council adopted RESOLUTION NO. 2005-272, approving the final map for CT 04-04, La Costa Ridge Neighborhood 2.5, and authorizing the map to be recorded. September 6, 2005 Carlsbad City Council Meeting Page 3 6. AB #I 8,261 - QUITCLAIM OF STORM DRAIN EASEMENTS FOR CT 98-14-03. Council adopted RESOLUTION NO. 2005-271, quitclaiming a portion of an existing storm drain easement across Lot 221 of Carlsbad Tract 98-14-03. 7. AB #18,269 -AMENDMENT TO WAIVER AND CONSENT AGREEMENT FOR THE FARADAY AVENUE-MELROSE DRIVE COMMUNITY FACILITIES DISTRICT NO. 3 IN CONJUNCTION WITH CT 99-06, CT 98-10 AND CT 98-13. Council adopted RESOLUTION NO. 2005-275, approving Amendment No. 1 to the Waiver and Consent Agreement for the Faraday Avenue-Melrose Drive Community Facilities District No. 3 in conjunction with CT 99-06, CT 98-10 and CT 98-13. 8. AB #18,270 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2005-276, declaring a continued state of local emergency, and authorizing staff to seek reimbursement from state and federal agencies. ORDINANCES FOR INTRODUCTION: 9. AB #18,263 -AMENDMENT TO THE CARLSBAD MUNICIPAL CODE TO MODIFY THE EXISTING PUBLIC COMMENT PROCEDURES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-770, amending Sections 1.20.290 and 1.20.305 of the Carlsbad Municipal Code to modify the existing Public Comment procedures. AYES: NOES: None ABSENT: Hall Lewis, Kulchin, Packard, and Sigafoose 10.AB #18,264 - ESTABLISHMENT OF SPEED LIMIT ON PASEO AVELLANO. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-771, amending Title IO, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.740 to establish upon Paseo Avellano a prima facie 30 mile per hour speed limit from Calle Barcelona to its intersection with Segovia Way. AYES: NOES: None ABSENT: Hall Lewis, Kulchin, Packard, and Sigafoose September 6, 2005 Carlsbad City Council Meeting Page 4 ORDINANCE FOR ADOPTION: 11 .AB #18,268- C-T ZONE AND TR LAND USE DESIGNATION AMENDMENT ZCA 02-02/SP 186(B). City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-769, amending Title 21 of the Municipal Code by amending the C-T Commercial-Tourist Zone Regulations to achieve consistency with the TR Land Use Designation of the General Plan and amending Specific Plan I86 (SP 186(B)) to ensure consistency with Chapter 21.29 of the Municipal Code (C-T Commercial-Tourist Zone). - AYES: - NOES: None ABSENT: Hall Lewis, Kulchin, Packard, and Sigafoose PUBLIC COMMENT: President of Encantada Home Owner’s Association Rick Pechter, 6629 Sitio Sago, came forward to address Council. Mr. Pechter expressed concerns relating to storm water drainage in the Encantada community. Mr. Pechter distributed a letter (on file in the office of the City Clerk), requesting the City initiate code enforcement action to accomplish two objectives: 1. Effect temporary remediation of the unnatural storm runoff 2. Bring Ryland and all the adjacent property owners together to plan and implement an appropriate long term solution that will permanently direct storm water and silt away from the subject wall and away from Encantada. Ronald Alvarez, a representative on behalf of “Concerned Citizens of Carlsbad”, 354 Oak Avenue, came forward to address Council. Mr. Alvarez read the verbiage (on file in the office of the City Clerk) on a petition that the “Concerned Citizens of Carlsbad” group had begun to circulate regarding 72.02 acres of Carlsbad Ranch, APN: 21 1-023- 11-00; 45.60 acres APN 21 1-023-13-00; 26.45 acres and Centre City Gateway Project. Mr. Alvarez asked the following questions: 0 Is the City of Carlsbad Planning Department currently negotiating with Lennar Corporation in order to change the zoning? If the Planning Department is working on the “Centre City Gateway” project, does this include change of zoning of the above-mentioned parcels? 0 The land was zoned for Agricultural, Golf Course or park use only per Carlsbad Ranch subdivision. Will the City Council support existing planned designated zoning that benefits Carlsbad Citizens, tourists and generations to come? 0 Is there a specific designated amount of signatures required from citizens of Carlsbad that would cause the Council members to make a ruling to keep this land as is under the current zoning? September 6,2005 Carlsbad City Council Meeting Page 5 Michele Levy, 3021 Highland Avenue, came fotward to address Council. Ms. Levy voiced concerns relating to public safety services in Carlsbad. Mayor Lewis directed staff to speak with Mr. Pechter regarding the drainage issues in the Encantada community. PUBLIC HEARING: 12.AB #18,265 -AMENDMENT TO SECTION 17.04.070 OF THE CARLSBAD MUNICIPAL CODE FOR CONSISTENCY WITH THE HEALTH AND SAFETY CODE. Karyn Vaudreuil, Fire Marshal presented the staff report. Mayor Lewis 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 Lewis closed the Public Hearing at 6:35 p.m. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-772, amending Section 17.04.070 of the Carlsbad Municipal Code to make it consistent with the Health and Safety Code. AYES: NOES: None ABSENT: Hall Lewis, Kulchin, Packard, and Sigafoose ADJOURNMENT TO THE SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY Mayor Lewis adjourned to the Special Meeting of the Public Financing Authority at 6:36 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Public Financing Authority at 6:37 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 13.AB #I 8,266 - PRESENTATION ON THE 2005-2006 CITY OF CARLSBAD STRATEGIC GOALS. Administrative Services Director Jim Elliott, Recreation Director Ken Price, Deputy Public Works Director Glenn Pruim, and Communications Manager Denise Vedder presented the staff report and reviewed a PowerPoint Presentation (on file in the City Clerk's office), containing an overview of the 10 goal categories and the current status of various goals within each category. Council received the report and took no action. September 6,2005 Carlsbad City Council Meeting Page 6 14.AB #18,267 -APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NOS. 2005-273 and 2005-274, re-appointing Jim Comstock and Marlaine Hubbard to the Parks and Recreation Commission. AYES: Lewis, Kulchin, Packard, and Sigafoose NOES: None ABSENT: Hall 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: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, September 8, 2005 - 500 p.m. Carlsbad Citizens’ Academy Carlsbad City Hall Council Chambers 1200 Carlsbad Village Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of September 6, 2005 was adjourned at 7:19 p.m. w LORRAINE bOD, CMC City Clerk Sheila Cobian Deputy City Clerk