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HomeMy WebLinkAbout2006-11-07; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 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, Packard and Sigafoose Absent: Kulchin LEGISLATIVE INVOCATION: Mayor Lewis offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Hall, minutes of the following meetings were approved as presented: Minutes of the Special Meeting held September 26, 2006. Minutes of the Regular Meeting held September 26, 2006. Minutes of the Special Meetings held October 3, 2006. Minutes of the Regular Meeting held October 3, 2006. Minutes of the Regular Meeting held October 10, 2006. Minutes of the Special Meetings held October 17,2006. Minutes of the Regular Meeting held October 17, 2006. Minutes of the Special Meeting held October 26, 2006. Minutes of the Special Meeting held October 30, 2006. CONSENT CALENDAR: Item No. 11 was pulled for discussion. Council concurred to continue Consent Calendar Item No. 17 to the Regular Council Meeting of November 14, 2006. ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Item Nos. 1 through 10 and 12 through 16 as follows: AYES: Lewis, Hall, Packard and Sigafoose NOES: None ABSENT: Kulchin November 7,2006 Carlsbad City Council Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1 AB #18.770 - MANAGEMENT PERFORMANCE AND COMPENSATION PLAN . Council adopted RESOLUTION NO. 2006-307. amending the Management Salary Structure. 2. AB #18.771 - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2006-308. declaring a continued state of local emergency due to torrential rain and earth movement beginning January 7, 2005, and requesting assistance and concurrence from the Office of Emergency Services. 3. AB #18.772 - APPROPRIATION OF GRANT FUNDS. Council adopted RESOLUTION NO. 2006-309. appropriating funds for the purchase of items that support the Office of Justice Planning Law Enforcement Terrorism Prevention Program and authorizing a request for reimbursement for these purchases. 4. AB #18.773 - ACCEPTANCE OF GRANT FUNDS. Council adopted RESOLUTION NO. 2006-310. accepting a grant awarded from the California Arts Council's Youth Education in Arts program and directing the Finance Director to appropriate said funds. 5. AB #18.774 - RETENTION OF SPECIAL COUNSEL. Council adopted RESOLUTION NO. 2006-311. authorizing the retention of special counsel for insurance coverage issues. 6. AB #18.775 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on City investments as of September 30, 2006. 7. AB #18.776 - ANNUAL HOUSING PRODUCTION REPORT. Council adopted RESOLUTION NO. 2006-312. authorizing the submittal of the Annual Housing Production Report for Fiscal Year 2006 to the Governor's Office of Planning and Research and the State Department of Housing and Community Development. 8. AB #18.777 - AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2006-313. approving Amendment No. 1 to the agreement with Pamela Elliott Landscape Architecture (PELA). November 7, 2006 Carlsbad City Council Meeting Page 3 9. AB #18.778 - AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2006-314. approving Amendment No. 3 to extend and ratify the extension for professional engineering services with Boyle Engineering Corporation for the widening of El Camino Real, north of Cougar Drive, Project No. 3920. 10. AB #18.779 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2006-315. accepting the construction contract on the Industrial Park Pipelines for the Encina Basin Water Reclamation Program, Phase II, as complete and directing the City Clerk to record a Notice of Completion, Project Nos. 3887-C, 3667, and 3930. 11. AB #18.780 - AWARD OF CONTRACT. This item was pulled for discussion. 12. AB #18.781 - REFUND OF OVERPAYMENT OF BUSINESS LICENSE TAXES. Council adopted RESOLUTION NO. 2006-317. authorizing a refund of business license taxes to Carter's If They Could Just Stay Little and Pelly's Fish Market & Deli, Inc. 13. AB #18.782 - ACCEPTANCE OF GRANT. Council adopted RESOLUTION NO. 2006-318. accepting the Justice Assistance Grant (JAG) funds and appropriating the funds to support various Police Department functions. 14. AB #18.783 - EASEMENT VACATIONS. Council adopted RESOLUTION NO. 2006-319. summarily vacating four slope and construction easements and one water easement located near the northeast corner of Aviara Parkway and Poinsettia Lane described as Assessor Parcel Nos. 214-550-01 and 215-070-36, PR05-63, PR05-66, PR05-67, and PR05-92. 15. AB #18.784 - APPROVAL OF FINAL MAP. Council adopted RESOLUTION NO. 2006-320. approving the final map for CT 05-07, Bressi Ranch Lot 40, and authorizing the City Clerk to process the map for recordation. 16. AB #18.785 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2006-321. approving an agreement with Dudek and Associates, Inc., to provide engineering and design services for the La Golondrina and La Costa Meadows Sewer Extensions, City Project Nos. CP 5500 and 3951. This item was continued from the Council Meeting of October 17, 2006. 17. AB #18.767 - NAMING OF THE CARLSBAD MUNICIPAL GOLF COURSE. Council concurred to continue this item to the Regular Council Meeting of November 14, 2006. November 7, 2006 Carlsbad City Council Meeting Page 4 DISCUSSION OF CONSENT CALENDAR ITEM: 11. AB #18.780 - AWARD OF CONTRACT. Michele Levy, 3021 Highland Drive, Carlsbad, expressed concerns relating to the condition of the streets in Carlsbad. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION O. 2006-316. accepting bids and awarding the contract to Tri-Group Construction to conduct citywide concrete work, Contract No. PWS06-30STS, Project No. PWGS218. AYES: Lewis, Hall, Packard and Sigafoose NOES: None ABSENT. Kuichin ORDINANCES FOR INTRODUCTION: 18. AB #18.786 - ESTABLISH A PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-820 amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.190 to establish a prima facie 55 mile per hour speed limit on Rancho Santa Fe Road from the north City limits to its intersection with La Costa Avenue. AYES: Lewis, Hall, Packard and Sigafoose NOES: None ABSENT: Kuichin 19- AB #18.787 - ESTABLISH A PRIMA FACiE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-821. amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.130 to establish a prima facie 35 mile per hour speed limit on Marron Road from 140 feet east of Avenida De Anita to its intersection with El Camino Real. AYES: Lewis, Hall, Packard and Sigafoose NOES: None ABSENT: Kuichin November 7, 2006 Carlsbad City Council Meeting Page 5 PUBLIC COMMENT: Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy expressed concerns relating to campaign signage in Carlsbad. Tom Watson, 4427 Salisbury Drive, Carlsbad, came forward to address Council. Mr. Watson thanked Mayor Lewis for his leadership in Carlsbad. Mr. Watson requested that the City consider installing restrooms near the Pine Park ballfields to ensure the safety of those utilizing the ballfields. He commented that patrons currently must walk across a dark parking lot for restroom use. PUBLIC HEARING: This item was continued from the Council Meeting of October 17, 2006. 20. AB #18.752 - ENCINA WASTEWATER AUTHORITY (EWA) PLAN AMENDMENT. Senior Planner Elaine Blackburn presented the staff report. Ms. Blackburn reviewed the contents of a memo dated October 23,2006 submitted to Council (on file in the Office of the City Clerk). She stated that, if approved, the additional conditions outlined in the memo would be incorporated into the Ordinance. Ms. Blackburn asked that a letter dated October 23, 2006 from the City Attorney to the Legal Counsel of Encina (on file in the Office of the City Clerk) be entered into the Record. She stated that the letter contained legal discussion regarding the status of Encina as an agency and their requirements for building permits and zoning compliance. Ms. Blackburn also commented that the General Manager of Encina Wastewater Authority Mike Hogan was present to answer any questions from Council. Mayor Lewis opened the duly noticed Public Hearing at 6:21 p.m. Seeing no one wishing to speak, Mayor Lewis closed the duly noticed Public Hearing at 6:21 p.m. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS-819. approving a Precise Development Plan Amendment to allow construction of new biosolids handling (heat drying) facilities, new air emissions/air quality facilities, relocated chemical storage facilities, upgrades to energy cogeneration facilities, and other minor modifications to existing facilities on a developed site containing the existing Encina Wastewater Pollution Control Facility (EWPCF) located at 6200 Avenida Encinas between Poinsettia Lane and Palomar Airport Road within Local Facilities Management Zone 3, PDP 1(H), as amended to include the following conditions: November 7, 2006 Carlsbad City Council Meeting Page 6 1) Condition No. 18 of Planning Commission Resolution No. 6168 is hereby amended to read as follows: Upon approval by City Council the setbacks/yards, open space, height and bulk of buildings, fences and walls, landscaping, grading, dedication and improvement requirements, phasing (if any), points of ingress and egress, and parking proposed by PDF 1(H) shall be the minimum development standards for POP 1. Any change to the structures, equipment, or other facilities on the Encina Water Pollution Control Facility (EWPCF) site from those approved by this PDF Amendment (PDF 1(H)) which would exceed these approved development standards, including the placement of a vent stack/tower which would exceed 53 feet in height, shall require the approval of the City Council. 2) A new condition is added to read as follows: The Applicant shall provide copies of the EWPCF "Odor Complaints Log" to the Planning Director on a quarterly basis. If the Planning Director determines that the number or nature of such complaints is excessive, then the Planning Director shall bring the matter before the City Council. The City Council may require additional improvements or operating conditions in the public interest and determined to be necessary or appropriate by the City Council to control odor generated within the EWPCF site, to the extent that such improvements or conditions are not pre-empted by Division 26 of the California Health and Safety Code, §39000 et seq., entitled "Air Resources". 3) Condition No. 8 of Planning Commission Resolution No. 6168 is hereby amended to read as follows: This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the commencement of construction. 4) Condition No. 10 of Planning Commission Resolution No. 6168 is hereby amended to read as follows: This approval shall become null and void if construction does not commence for this project within 24 months from the date of project approval." AYES: Lewis, Hall, Packard and Sigafoose NOES: None ABSENT: Kulchin November 7,2006 Carlsbad City Council Meeting Page 7 ADJOURNMENT TO THE SPECIAL MEETING OF CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water at 6:23 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Housing and Redevelopment Commission and reconvened the City Council Meeting at 6:25 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: This item is continued from the Council Meeting of October 17, 2006. 21. AB #18.769 - PLANNING COMMISSION APPOINTMENTS. Mayor Lewis requested and Council concurred to continue this item to the Regular Council Meeting of November 14, 2006. 22. AB #18.789 - BUENA VISTA LAGOON JOINT POWERS COMMITTEE APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2006-323. appointing Don Jackson to the Buena Vista Lagoon Joint Powers Committee. AYES: Lewis, Hall, Packard and Sigafoose NOES: None ABSENT: Kulchin 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. ADJOURNMENT: By proper motion, the Regular Meeting of November 7,2006 was adjourned at 6:31 p.m. LORRAINE M.AVOOD, CMC City Clerk ' Sheila R. Cobian Deputy City Clerk