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HomeMy WebLinkAbout2006-03-07; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 7, 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. LEGISLATIVE INVOCATION: Mayor Lewis offered the Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Hall led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, minutes of the following meetings were approved as presented: Mayor Lewis abstained from the approval of the meeting Minutes of February 21, 2006. Minutes of the Special Meeting held February 7, 2006 Minutes of the Regular Meeting held February 7, 2006 Minutes of the Special Meeting held February 14, 2006 Minutes of the Regular Meeting held February 14, 2006 Minutes of the Special Meeting held February 21, 2006 (Lewis - Abstain) Minutes of the Regular Meeting held February 21, 2006 (Lewis - Abstain) PRESENTATIONS: Mayor Lewis presented a Proclamation to Joni Miringoff in recognition of Celebrate Carlsbad at the Flower Fields Day on March 11, 2006. Ms. Miringoff thanked Council for their continued support of the Flower Fields and invited the Citizen's of Carlsbad to participate in the March 11, 2006 Celebrate Carlsbad at the Flower Fields Event. Bridget Desmarais, Senior Office Specialist introduced the 2005 Peer Award Recipients. The recipients were as follows: Teri Gerhardt, Don Neu, Roxanne Muhlmeister, Gregory Ryan, Taniya Barrows, Pete Dreibelbis, Barbara Brandt, Doug Kappel, Ronna Stickrod, David Rick and Kimberly Dillinger. Council presented Proclamations to each recipient. March 7, 2006 Carlsbad City Council Meeting Page 2 Council concurred to refer Departmental Report Item #12 back to staff and to discuss the topic at the March 16, 2006 Council Workshop. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Items #1 through #7 as follows: 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 #18.462 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2006-047. accepting a donation from Schumacher Air Products and Electronic Chemicals of three laptop computers in support of the Fire Department's Hazardous Materials Response Program. 2. AB #18.463 -AUTHORIZATION TO PURCHASE AERIAL LADDER FIRE APPARATUS. Council adopted RESOLUTION NO. 2006-048. authorizing the purchase of an aerial ladder apparatus from Seagrave Fire Apparatus to replace one engine. 3. AB #18.464 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on City investments as of January 31,2006. 4. AB #18.465 - QUITCLAIM OF TWO EASEMENTS - ON A PORTION OF LOT 51. CARLSBAD TRACT (CT) 76-03. AND ON A PORTION OF LOT 499. (CT) 72-20. Council adopted RESOLUTION NO. 2006-049. approving a quitclaim of an irrigation and landscape maintenance easement on a portion of property at 7316 Muslo Lane, Lot 51 of CT 76-03, County Map No. 8583; and a quitclaim of a public utility and tree planting easement over a portion of Lot 499 of CT 72-20, County Map No. 7950. 5. AB #18.466 - REFUND OF BUSINESS LICENSE TAXES TO TUTTLE-CLICK AUTOMOTIVE GROUP. Council adopted RESOLUTION NO. 2006-050. authorizing a refund of the business license tax payment to Tuttle-Click Automotive Group due to its withdrawal of a business purchase. 6. AB #18.467 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2006-051. declaring a continued state of local emergency and requesting assistance and concurrence from the Office of Emergency Services. March 7,2006 Carlsbad City Council Meeting Page 3 7. AB #18.468 - 2006 TRAFFIC SIGNAL EVALUATION POLICY. Council adopted RESOLUTION NO. 2006-052. adopting the 2006 Traffic Signal Evaluation Policy, including the 2006 Traffic Signal Qualification List. ORDINANCES FOR ADOPTION: 8. AB #18.469 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE REGARDING THE PERSONNEL AND EMPLOYER-EMPLOYEE RELATIONS RULES AND REGULATIONS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-793. amending Title 2, Chapters 2.08, 2.12, 2.14, 2.44 and 2.48 of the Carlsbad Municipal Code to bring them into conformance with State and Federal Law, the various Memoranda of Understanding and the Employee-Employer Rules and Regulations. AYES: Lewis, Hall, Kulchin, Packard, and Sigafoose. NOES: None. 9- AB #18.470 - CITY COUNCIL COMPENSATION. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted ORDINANCE NO. NS-792. amending Title 2, Chapter 2.04, Section 2.04.010 of the Carlsbad Municipal Code to increase the compensation of the Mayor and members of the City Council after the November 2006 General Municipal Election. Lewis, Hall, Kulchin, and Packard. NOES: Sigafoose. PUBLIC COMMENT: Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council on behalf of the Concerned Citizens of Carlsbad. Mr. Alvarez thanked the volunteers circulating the Save the Strawberry and Flower Growing Fields Petitions. He also stated that over 4,000 signatures had been collected so far. Bill Arnold, 3432 Don Ortega Drive, Carlsbad, representing Rancho Carlsbad, read from a letter (on file in the Office of the City Clerk) thanking Council and staff for making Rancho Carlsbad's flood control problem a Priority #1 for the City of Carlsbad. Mr. Arnold further explained that the dredging of the streams had begun, reducing the chances of flooding in the Rancho Carlsbad community. March 7, 2006 Carlsbad City Council Meeting Page 4 Bud Green, 2965 Lancaster Road, Carlsbad, came forward to address Council. Mr. Green expressed concerns relating to pedestrian safety as a result of various work trucks parking on sidewalks throughout Carlsbad. Michael Bovenzi, 343 Oak Avenue, described various concerns relating to the Lincoln/Oak Mixed-Use Project. Mr. Bovenzi stated that the proposed landscaped pedestrian amenities for the project are not in compliance with the Carlsbad Landscape Manual. He suggested that the project undergo design changes to bring it into compliance with the Carlsbad Design Standards. A representative of Policewatch.org expressed concerns relating to public access to police performance records. PUBLIC HEARING: This item had been continued from the Council Meetings of January 24, 2006 and February 7, 2006. 10. 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 Office of the City Clerk). Mr. Grim briefly reviewed the concerns expressed at the previous City Council meeting regarding the Habitat Management Plan Implementation and stated that staff is recommending introduction of the Ordinance as amended to include the language in Exhibit 7, Attachment G of the Agenda Bill (on file in the Office of the City Clerk). Council Member Packard inquired if staff was in agreement with Mr. Wayne Callaghan's interpretation of the on-site habitat preservation for his property in the adopted Habitat Management Plan. Mr. Grim confirmed that staffs position regarding Mr. Callahan's property, is that there has been a misunderstanding regarding the amount of take required for the property. He explained that staff had sent a notice to the California Coastal Commission, U.S. Fish and Wildlife, and California Department of Fish and Game (on file in the Office of the City Clerk) stating the City's position. Mr. Grim stated that the City received a response from the Wildlife Agencies and Coastal Commission (on file in the Office of the City Clerk) stating that they do not agree with the City's interpretation of the on-site habitat preservation for Mr. Callaghan's property. Mayor Lewis opened the duly noticed Public Hearing at 6:54 p.m. and asked if anyone would like to speak. March 7,2006 Carlsbad City Council Meeting Page 5 Carollyn Lobell of Nossaman, Guthner, Knox & Elliott, LLP, 18101 Von Karman Avenue, Irvine, representing Wayne Callaghan, the project applicant for the Villaggio Project, came forward to address Council. Ms. Lobell requested that either the agenda item be continued once again or that additional language be included in the Ordinance or Resolution stating the following: • The City agrees there is a mistake in the HMP regarding the 50% Standard relevant to the Callaghan property. • If additional acreage is needed in the HMP to meet the conservation goals, the City will agree to provide that additional acreage. • The City agrees that the preservation standard will not be applied until after a correction is made through the amendment process. Scott Molloy, 9201 Spectrum Center Boulevard, #110, San Diego, representing the Building Industry Association (BIA) of San Diego, came forward to address Council. Mr. Molloy thanked staff for resolving the BIA's prior concerns. Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 6:57 p.m. Planning Director Marcella Escobar-Eck clarified the following regarding Ms. Lobell's comments: • Staff does not feel that there was a mistake in the HMP regarding the 50% Standard relevant to the Callaghan property; however, staff does feel there is a difference of interpretation regarding the amount of take required for Mr. Callaghan's property. • The City will not provide additional acreage to meet Mr. Callaghan's open space obligation, if the wildlife agencies specify that it is needed. • The City is taking the position that the preservation standard should be applied differently; however, if the Wildlife Agencies and Coastal Commission state that the standards should apply as written, Mr. Callaghan would need to address the issue with the agencies. Mayor Lewis inquired how the HMP Implementation could have come this far without Mr. Callaghan questioning the amount of take being called for on his property. Mr. Wayne Callaghan, 38 Redhawk, Irvine, explained that he had checked with staff regularly and was under the impression that everything was in order regarding his Development Plan. Council Member Kulchin commented that Mr. Callaghan's concerns would need to be addressed with the Wildlife Agencies. Council concurred to move forward with the Implementation Plan and directed staff to assist Mr. Callaghan to resolve the issues relating to his property. March 7, 2006 Carlsbad City Council Meeting Page 6 City Attorney Ron Ball titled the Ordinance as amended. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-783. amending the Local Coastal Program and Title 21 of the Municipal Code by the addition of a new Chapter 21.210 to the Zoning Ordinance relating to the requirements, standards, and procedures for Habitat Preservation and Management in conformance with the City's Habitat Management Plan and by amending other existing Chapters to establish consistency and implementation of the Habitat Management Plan, as amended to incorporate the following wording from Exhibit 7, Attachment G to the memo dated 3/6/06 from the Senior Planner: Section 21.210.13. D "These conditions are intended to reference existing requirements and conditions contained in the HMP, IA, MHCP, and NCCP and 10(a)1(B) permit conditions; the conditions listed below are not intended to add additional requirements or conditions above those contained in the HMP, IA, MHCP, and NCCP and 10(a)1(B) permit conditions"; and, Section 21.210.13.D.2 "Grading for a development project during wildlife breeding seasons shall be prohibited, except as provided by the HMP and MHCP, unless a minor adjustment is specifically approved by the city and the Wildlife Agencies"; and, Council adopted RESOLUTION NO. 2006-016. approving a Negative Declaration and Local Coastal Program Amendment for the Habitat Management Plan Implementation. Lewis, Hall, Kulchin, Packard, and Sigafoose. NOES: None. DEPARTMENTAL REPORTS: 11. AB #18.460 - AUTHORIZATION OF DONATION. Senior Accountant Helga Stover and Ken Alfrey, Vice President of the Agua Hedionda Lagoon Foundation, presented the staff report. Mr. Alfrey requested the following: • The Foundation's current Community Activities Grant in the amount of $16,000 be redirected from Educational Outreach Activities to landscape renovations, plants, materials and labor at the Foundation's Lagoon Discovery Center. • The performance/completion date of the Community Activities Grant be extended until June 30, 2006. • The City of Carlsbad provide an additional $9,000 for completion of the Native Plant Demonstration Garden. March 7, 2006 Carlsbad City Council Meeting Page 7 In response to an inquiry from Council, City Attorney Ron Ball stated that the Resolution and Community Activity Grant agreement would need to be amended to redirect the grant funds from Educational Outreach Activities to landscape renovations and to allow the performance/completion date extension. Council discussion ensued regarding their support for Mr. Alfrey's request. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-045. as amended authorizing a donation to support the Agua Hedionda Lagoon Foundation, as amended to include a grant in the amount of $9,000 to the Agua Hedionda Lagoon Foundation from the Council Contingency Fund to be added to the $16,000 previously awarded to the Foundation through the Community Activities Grant Program; and, that the existing Community Activities Grant Agreement with the Foundation be amended to permit the funds to be redirected from Education/Outreach activities and to be used for landscape renovations, plants, materials and labor at the Foundation's Lagoon Discovery Center, and to extend the date for performance/completion of the grant to June 30, 2006. Lewis, Hall, Kulchin, Packard, and Sigafoose. NOES: None. 12. AB #18.471 - JOINT FIRST RESPONDERS TRAINING FACILITIES AND CITY PUBLIC WORKS CENTER. Council concurred to return this item to staff and to discuss the topic at the March 16, 2006 Council Workshop. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Friday, March 10, 2006-6:00 p.m. Carlsbad Chamber of Commerce Annual Awards and Installation of Officers Event Four Seasons Resort Aviara 7100 Four Seasons Resort Aviara Carlsbad, California Saturday, March 11, 2006 - 9:00 a.m. Celebrate Carlsbad at the Flower Fields Event Carlsbad Flower Fields Northeast Corner of Palomar Airport Road/Paseo Del Norte Carlsbad, California March 7, 2006 Carlsbad City Council Meeting Page 8 ADJOURNMENT: By proper motion, the Regular Meeting of March 7, 2006 was adjourned at 7:36 p.m. LORRAINE M. WOOD, CMC City Clerk Sheila R. Cobian Deputy City Clerk