HomeMy WebLinkAbout2006-02-14; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: February 14, 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.
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, Item #2 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 #18.441 -ACCEPTANCE OF DONATION.
This item was pulled for discussion.
2. AB #18.442 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2006-035. declaring a continued state of
local emergency and requesting assistance and concurrence from the Office
of Emergency Services.
DISCUSSION OF CONSENT CALENDAR ITEM:
1. AB #18.441 -ACCEPTANCE OF DONATION.
Gina McBride, 7530 Jerez Ct., came forward to address Council on behalf of the
Carlsbad Library and Arts Foundation. Ms. McBride stated that her organization was
delighted to support the Carlsbad Three-Part-Art Program with the donation from the
Cannon Art Gallery Endowment Fund.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2006-034. accepting a donation from the
Carlsbad Library and Arts Foundation, and appropriating the
funds to the Three-Part-Art Program.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose.
NOES: None.
February 14, 2006 Carlsbad City Council Meeting Page 2
ORDINANCE FOR INTRODUCTION:
3. AB #18.443 - ESTABLISHMENT OF A STOP CONTROL AT THE
INTERSECTION OF LLAMA STREET AND CORINTIA STREET.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Hall, Council introduced
ORDINANCE NO. NS-789. amending Title 10, Chapter
10.28 of the Carlsbad Municipal Code to require a stop on
Llama Street at its intersection with Corintia Street.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose.
NOES: None.
ORDINANCES FOR ADOPTION:
4. AB #18.444 - ESTABLISHMENT OF ALL-WAY STOP AT THE HOSP WAY /
WINTERGREEN DRIVE / GROVE AVENUE INTERSECTION.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
ORDINANCE NOS. NS-786 AND NS-787. amending Title 10,
Chapter 10.28 of the Carlsbad Municipal Code by the addition of
Section 10.28.830 and Section 10.28.840 to require stops on
Hosp Way at its intersection with Wintergreen Drive and Grove
Avenue.
AYES: Lewis, Hall, Kulchin, and Sigafoose.
NOES: Packard.
5. AB #18.445 - HABITAT MANAGEMENT PLAN HARDLINE GPA. ZC 05-11.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Hall, Council adopted
ORDINANCE NO. NS-788. amending the City's Zoning Map
pursuant to Section 21.05.030 of the Carlsbad Municipal Code
to grant a Zone Change to Open Space for 22 parcels within
the HMP Hardline Preserve Area.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose.
NOES: None.
February 14, 2006 Carlsbad City Council Meeting Page 3
PUBLIC COMMENT:
Penny Johnson, 1360 Hillview Court, Carlsbad, came forward to address Council.
Ms. Johnson expressed concerns relating to the continued development of Carlsbad
and suggested that a citizen survey be completed regarding further development.
Ron Alvarez, 354 Oak Avenue, requested that Council consider having an outside
investigation regarding the Centre City Gateway meetings. Reading from a memo
(on file in the City Clerk's office), Mr. Alvarez also expressed concerns relating to the
documents received as a result of a previous Public Records Request.
In response to an inquiry from Mayor Pro Tern Hall, Mr. Alvarez confirmed that one of
the items he is seeking in his Public Records Request is the housing calculation for
the past three years in each city quadrant.
PUBLIC HEARINGS:
6. AB #18.446 - AMENDMENT OF THE CALIFORNIA FIRE CODE TO CLARIFY
THE REGULATION OF FIREWORKS AND PYROTECHNIC DISPLAYS.
Fire Marshal Karyn Vaudreuil presented the staff report. Ms. Vaudreuil stated that
the purpose of the amendment was to bring the Carlsbad Fire Code in-line with the
County of San Diego Fire Code.
Ms. Vaudreuil further explained that the Ordinance would only allow firework displays
in Carlsbad by a Pyrotechnician who has obtained an approved application from the
City.
In response to an inquiry by Council Member Packard, Ms. Vaudreuil explained that
this ordinance would bring the City into alignment with the County Ordinance.
Mayor Lewis opened the duly noticed Public Hearing at 6:19 p.m. and asked if
anyone would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:19 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-790. amending Article 78 of the 2001
California Fire Code, by the addition of Section 17.04.090 to the
Carlsbad Municipal Code, to clarify the regulation of fireworks
and pyrotechnic displays in Carlsbad.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose.
NOES: None.
February 14, 2006 Carlsbad City Council Meeting Page 4
7. AB #18.447 - ADOPTION OF CONDITIONAL USE PERMIT CODE REVISIONS
AND MINOR CONDITIONAL USE PERMIT APPLICATION FEE. ZCA 04-
09/LCPA04-15.
Assistant Planning Director Don Neu and Principal Planner Chris DeCerbo presented
the staff report and reviewed a PowerPoint Presentation (on file in the City Clerk's
office).
In response to Council, Mr. Neu discussed questions raised in a letter received from
Joy Lane dated February 14, 2006 (on file in the Office of the City Clerk).
In response to Council, Mr. Neu stated that a Level 2 review would cost $3,735 in
base fees.
Mr. Neu discussed the process for an administrative review/hearing for Conditional
Use Permits. He noted that appeals of administrative decisions could be brought to
the Planning Commission. Mr. Neu also discussed some of the advantages and
benefits of the revised Conditional Use Permit process.
Mayor Lewis noted that he would like Council to have the final review of entities such
as bathhouses, pawnshops, escort services, social clubs, drug paraphernalia shops
and tattoo parlors.
Mayor Lewis opened the duly noticed Public Hearing at 6:48 p.m. and asked if
anyone would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:48 p.m.
Mayor Pro Tern Hall asked that auto dismantling yards be moved to Level 2
(Planning Commission review).
Council concurred to amend the plan by moving bathhouses, pawnshops, escort
services, social clubs, drug paraphernalia shops and tattoo parlors to Level 3 (final
Council review) and moving auto dismantling yards to Level 2.
City Attorney Ball noted that the Ordinance will be amended on its face and returned
as an Ordinance for adoption.
February 14, 2006
ACTION:
Carlsbad City Council Meeting PageS
AYES:
NOES:
On a motion by Mayor Pro Tern Hall, Council introduced
ORDINANCE NO. NS-791. amending Title 21 of the
Municipal Code and the Local Coastal Program by (1)
repealing and reenacting Conditional Use Permit Chapter
21.42, title 21, of the Carlsbad Municipal Code, (2)
amending Chapter 21.50, Variances and Conditional Use
Permits, to delete references to Conditional Use Permits, (3)
amending Chapter 21.04, Definitions, to add definitions for
delicatessen, educational facilities (other), gas station, and
public and quasi public buildings and accessory utility
buildings and facilities, (4) amending Chapter 21.44,
Parking, to add a parking standard for delicatessens, and (5)
amending the Sections on Allowed Uses and Conditional
Uses within all Zones, as amended to require City Council
approval of applications received for bathhouses,
pawnshops, escort services, social clubs, drug
paraphernalia shops and tattoo parlors and requiring
Planning Commission approval for applications received for
auto dismantling yards; and,
Adopted RESOLUTION NO. 2006-036. approving a Negative
Declaration for a Zone Code Amendment and Local Coastal
Program Amendment and approving said Local Coastal Program
Amendment to revise the procedures and regulations governing
uses allowed upon the approval of a Conditional Use Permit;
and,
Adopted RESOLUTION NO. 2006-037. approving a Minor
Conditional Use Permit Application Fee.
Lewis, Hall, Kulchin, Packard, and Sigafoose.
None.
DEPARTMENTAL AND CITY MANAGER REPORT:
8. AB #18.449 - LIBRARY BOARD OF TRUSTEES APPOINTMENT.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION
NO. 2006-038. appointing Marie Bradley to the Library Board of
Trustees.
AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose.
NOES: None.
February 14, 2006 Carlsbad City Council Meeting Page 6
COUNCIL REPORTS AND COMMENTS:
The Mayor asked Council if they would prefer an independent audit regarding the
public meeting requirements, access to City documents, and the development
application process.
Council concurred that they were satisfied with the City Attorney's report and audit.
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 event:
Friday, February 17, 2006 - 5:00 p.m.
Senior Commission Volunteer Recognition Dinner
Olympic Resort Hotel
6111 El Camino Real
Carlsbad, California
ADJOURNMENT;
By proper motion, the Regular Meeting of February 14, 2006 was adjourned at 7:05 p.m.
LORRAINEJ/UWOOD, CMC
City Clerk