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Home My WebLink About2006-01-24; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 24, 2006 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Hall, Kulchin, Packard and Sigafoose Absent: None APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, minutes of the following meetings were approved as presented: Minutes of the Special Meeting held January 10, 2006 Minutes of the Regular Meeting held January 10, 2006 CONSENT CALENDAR: Item No. 1 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #2 through #5 as follows: AYES: Lewis, Hall, Kulchin, Packard and Sigafoose NOES: None WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #18.413 - APPROVAL OF LEASE AGREEMENT FOR 2833 STATE STREET. This item was pulled for discussion. 2. AB #18.414 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONCRETE REPLACEMENT IN THE PUBLIC RIGHT OF WAY. CONTRACT NO. PWS06- 21ENG. PROJECT 6006. Council adopted RESOLUTION NO. 2006-012. authorizing the City Clerk to advertise for bids for replacement of curbs, gutters, sidewalks and driveway approaches, in the public right of way, and appropriating funds. 3. AB #18.415 - ACCEPTANCE OF TRAFFIC SIGNAL CONSTRUCTION AT POINSETTIA LANE AND PASEO ESCUELA. PROJECT NO. 3849-1. Council adopted RESOLUTION NO. 2006-013. accepting the construction of the traffic signal at Poinsettia and Paseo Escuela as complete, and directing the City Clerk to record the Notice of Completion. January 24, 2006 Carlsbad City Council Meeting Page 2 4. AB #18.416 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2006-014. declaring a continued state of local emergency and requesting assistance and concurrence from the Office of Emergency Services. 5. AB #18.420 - APPROVAL OF AGREEMENT FOR ARCHITECTURAL SERVICES FOR LEO CARRILLO RANCH HISTORIC PARK AND AUTHORIZATION TO APPLY FOR PROPOSITION 40 GRANT FUNDING. PROJECT NO. 3961. Council adopted RESOLUTION NO. 2006-017. approving an agreement with Heritage Architecture and Planning for architectural services for the Barn/Theater Restoration at Leo Carrillo Ranch Historic Park, authorizing staff to submit a grant application for Proposition 40 grant funding for the project, and appropriating funds. DISCUSSION OF CONSENT CALENDAR ITEM: 1. AB #18.413 -APPROVAL OF LEASE AGREEMENT FOR 2833 STATE STREET. Mayor Pro Tem Hall requested that the lease agreement for 2833 State Street be changed to include language regarding ADA requirements. City Attorney Ron Ball explained that the documents would need to be re-executed as a counter offer. Council Member Packard suggested adding language to the lease agreement prohibiting alcohol at the establishment. Council concurred to return this item to staff in order to modify the lease agreement. PUBLIC COMMENT: None. PUBLIC HEARINGS: 6. AB #18.417 - DECLARATION OF INTENT BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) TO ISSUE TAX EXEMPT PRIVATE ACTIVITY BONDS FOR THE CONSTRUCTION OF AFFORDABLE APARTMENT UNITS (HUNTERS POINTE) WITHIN THE VILLAGES OF LA COSTA MASTER PLAN. Housing and Redevelopment Director Debbie Fountain presented the staff report. Ms. Fountain gave a brief background of the project and the history of the California Municipal Finance Authority (CMFA). In response to an inquiry from Council Member Kulchin, Ms. Fountain confirmed that there is no fee associated with joining CMFA. January 24, 2006 Carlsbad City Council Meeting Page 3 Mayor Lewis opened the duly noticed Public Hearing at 6:13 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:13 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2006-015. approving the issuance of tax- exempt obligations in an amount not to exceed $30 million by the California Municipal Finance Authority to finance the construction of 168 affordable apartment units within the Villages of La Costa and authorizing the City Manager to execute a Joint Powers Authority Agreement to become a member of CMFA. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose NOES: None 7. AB #18.418 - HABITAT MANAGEMENT PLAN IMPLEMENTATION ZCA 05- 01/LCPA 05-09. Senior Planner Mike Grim presented the staff report and reviewed a PowerPoint Presentation (on file in the City Clerk's office). Mr. Grim gave details of the following five components of the Habitat Management Plan Ordinance: • Habitat Preservation Requirements • Habitat Management Requirements • Habitat Management Plan Permit Requirements and Procedures • Minor and Major Habitat Management Plan Amendments • Enforcement Measures In response to a request from Mayor Lewis, Mr. Grim explained how and by whom the hardlines in the Habitat Management Plan are established. Mayor Lewis opened the duly noticed Public Hearing at 6:33 p.m. and asked if anyone would like to speak. Erik Friess, Attorney with Nossaman Law Firm, 18101 Van Karman Avenue #1800, Irvine, came forward to address Council on behalf of Mr. Wayne Callaghan. Mr. Friess requested that the item be continued until staff has corrected the Habitat Management Plan, making the open space designation of Mr. Callaghan's property consistent with the Local Coastal Program. Mr. Freiss stated that he had submitted a detailed letter to Council (on file in the City Clerk's office) regarding the issue. January 24, 2006 Carlsbad City Council Meeting Page 4 Mr. Grim explained that Mr. Freiss was referring to documentation contained in the Habitat Management Plan which was already approved. Mr. Grim further explained that this inconsistency already exists within the Habitat Management Plan and that staff has agreed to look within the Plan to resolve the issue. Wayne Callaghan, 38 Redhawk, Irvine, asked that Council direct staff to honor prior commitments regarding his property. Scott Molloy, 9201 Spectrum Center Boulevard, Suite 110, San Diego, came forward to address Council on behalf of the Business Industry Association (BIA). Mr. Molloy stated that his organization is supportive of the HMP overall, however, he expressed some concerns regarding the zoning code chapter being created to supplement the HMP. In response to an inquiry from Mayor Lewis, Mr. Molloy stated that he had contacted staff regarding the changes in the HMP prior to the Council Meeting. Mr. Grim stated that the ordinance had been available for public review since the duly noticed Planning Commission Hearing on December 7, 2005. Mr. Molloy explained that he had reviewed the ordinance presented to the Planning Commission, however, he had concerns that some additional changes had been made to the ordinance. Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 6:54 p.m. In response to an inquiry from Council Member Packard, Mr. Grim explained that there had been no changes to the wording of the item between the Planning Commission meeting and the meeting tonight. Planning Director Marcella Escobar-Eck explained that some of the concerns Mr. Molloy raised could best be addressed through guidelines rather than an ordinance. In regards to Mr. Callaghan's concerns, Council Member Packard confirmed that the amount of take for the Callaghan property would be changing as a result of the Habitat Management Plan, not as a result of the action before Council tonight. Council discussion ensued regarding the questions and issues raised by Mr. Molloy and Mr. Callaghan. As a result, Council concurred to continue the item to the February 7, 2006 Council meeting. DEPARTMENTAL AND CITY MANAGER REPORT: 8. AB #18.419 - ESTABLISHMENT OF SPEED LIMIT ON ALICANTE ROAD. Deputy City Engineer Bob Johnson presented the staff report. January 24, 2006 Carlsbad City Council Meeting Page 5 City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-784. amending Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.210, establishing a prima facie 40-mile per hour speed limit upon Alicante Road from Alga Road to its intersection with Poinsettia Lane. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose NOES: None 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. Mayor Lewis suggested and Council concurred to have an item placed on a future agenda to reconsider the Carlsbad Tourism Business Improvement District (CTBID) ordinance to allow a Council Member to serve on the Board. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENT: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, January 26, 2006 - 2:00 p.m. 2006 Police Awards Ceremony Carlsbad Public Safety Center 2560 Orion Way Carlsbad, California ADJOURNMENT: By proper motion, the Special Meeting of January 24, 2006 was adjourned at 7:17 p.m. LORRAINE M. WOOD, CMC City Clerk Sheila R. Cobian Deputy City Clerk