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HomeMy WebLinkAbout2007-08-07; City Council; Minutes (3)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 7, 2007 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, Kulchin, Hall, Packard and Nygaard. Absent: None. LEGISLATIVE INVOCATION: Pastor Dwayne Edwards of Las Flores Church of the Nazarene offered the Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Kulchin led the Pledge of Allegiance. APPROVAL OF MINUTES: Mayor Lewis abstained from the approval of the minutes of July 24, 2007 due to his absence from the meetings. On a motion by Mayor Pro Tem Kulchin, minutes of the following meetings were approved as presented: Minutes of the Special Meeting held July 10, 2007. Minutes of the Joint Special Meeting held July 10, 2007. Minutes of the Regular Meeting held July 10, 2007. Minutes of the Joint Emergency Meeting held July 10, 2007. Minutes of the Special Meeting held July 17, 2007. Minutes of the Regular Meeting held July 17, 2007. Minutes of the Special Meeting held July 18, 2007. Minutes of the Regular Meeting held July 24, 2007. Minutes of the Joint Special Meeting held July 24, 2007. CONSENT CALENDAR: Item No. 1 was pulled for discussion. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.113 - APPROVAL OF AGREEMENT. This item was pulled for discussion. August 7, 2007 Carlsbad City Council Meeting Page 2 2. AB #19.114 - WEED ABATEMENT COST ASSESSMENTS. Council adopted RESOLUTION NO. 2007-203. approving the report of the Fire Chief showing the cost of weed abatement against each parcel, confirming the cost, and providing for collection on the regular tax bill. 3. AB #19,115 - ACCEPTANCE OF GRANT. Council adopted RESOLUTION NO. 2007-204. accepting a grant, from the Justice Assistance Grant Program to the Carlsbad Police Department, for the purchase of various police equipment. 4. AB #19.116 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2007-205. accepting the construction of the 2006 Slurry Seal Project as complete and directing the City Clerk to file a Notice of Completion, Project No. 3667-12. 5. AB #19.117 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2007-206. accepting the repairs of the Summer 2006 Citywide Curb, Gutter and Sidewalk Project as complete, and directing the City Clerk to file a Notice of Completion, Contract No. PWS06-30STS, Project No. PWSG218. 6. AB #19.118 - REPORT OUT TERMS AND CONDITIONS. Council reported out the terms and conditions of the general release and settlement of the Lauren and Louise Davis claim. DISCUSSION OF CONSENT CALENDAR ITEM: 1. AB #19.113 - APPROVAL OF AGREEMENT. In response to an inquiry from Council Member Nygaard, Lieutenant Don Rawson explained that the school crossing guard services were established in 1983 by the City of Carlsbad; however, those services were provided by an outside contractor. He further explained that the Police Department had taken over the program since the previous contractor chose not to renew the agreement. In closing, he explained that the Police Department followed the bid process, and is now ready to establish a new contract with Four Star Patrol and confirmed that the company will retain the current guards employed by the City. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-202. accepting the bid of Four Star Private Patrol Inc., and approved the agreement for school adult crossing guard services. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. August 7, 2007 Carlsbad City Council Meeting Page 3 ORDINANCES FOR INTRODUCTION: 7. AB #19.119 - ESTABLISH PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-853. amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.810 to establish a prima facie 35 mile per hour speed limit on Palmer Way from Faraday Avenue to Cougar Drive. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 8. AB #19.120 - ESTABLISH PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-854. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.800 to establish a 35 mile per hour speed limit on Impala Drive from Palmer Way to Orion Street. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCES FOR ADOPTION: 9. AB #19,121 - SEWER LATERAL MAINTENANCE AND REPAIRS. Jerry Lasser, 6715 Clover Court, Carlsbad, came forward to address Council on behalf of the Alta Mira Homeowner's Association. Referencing a claim previously filed with the City, Mr. Lasser expressed concerns relating to the determination of responsibility for the repair and maintenance of sewer laterals within the Alta Mira neighborhood. City Attorney Ron Ball commented that claims are filed in the Office of the City Clerk or in the Risk Management department. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS- 851. amending Title 13, Chapter 13.04 of the Carlsbad Municipal Code by the revision of Sections 13.04.010, 13.04.030, and 13.04.050, and by the addition of Sections 13.04.035, 13.04.045, and 13.04.090 to clarify the responsibility for maintenance and repair of sewer laterals. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. August 7, 2007 Carlsbad City Council Meeting Page 4 10.AB #19.122 - SUMMARY ABATEMENT PROCEDURES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS- 850, amending Title 6 of the Carlsbad Municipal Code by the addition of Chapter 6.16.150 regarding Summary Abatement Procedures. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. PUBLIC COMMENT: A representative from Policewatch.org requested that Council allow citizens to video record police officers on duty. PUBLIC HEARINGS: 11.AB #19.123-APPROVAL OF INTENT TO ISSUE REVENUE BONDS. Housing and Redevelopment Director Debbie Fountain presented the staff report. In response to an inquiry from Council Member Nygaard, Ms. Fountain confirmed that the City will not have a financial obligation as a result of the issuance of the revenue bonds by the California Municipal Finance Authority (CMFA). Ms. Fountain further explained that in order to receive the tax-exempt status from the Internal Revenue Service, Council approval is necessary prior to issuance of the revenue bonds. Mayor Lewis opened the duly noticed Public Hearing at 6:23 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:23 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-207, approving the issuance of tax-exempt revenue bonds, by the California Municipal Finance Authority (CMFA), for CIC Glen Ridge LLC to finance the construction of 78 affordable apartment units (Glen Ridge) within the Robertson Ranch Master Plan. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 12. AB #19.124 - SAN DIEGO GOLF ACADEMY. Assistant Planner Daniel Halverson presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Andrew Hosrinson, Hofman Planning, 5900 Pasteur Court Suite 150, Carlsbad, came forward to address Council on behalf of the applicant. August 7, 2007 Carlsbad City Council Meeting Page 5 Mr. Hosrinson thanked staff for the report and stated that he would be happy to answer any questions from Council. Mayor Lewis opened the duly noticed Public Hearing at 6:30 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:30 p.m. Council discussion ensued regarding their support for the proposed project. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2007-208, approving a Negative Declaration for an amendment to Specific Plan 181 to include "Educational Facilities, Other" as defined in the Carlsbad Municipal Code, Section 21.04.137; and, Introduced ORDINANCE NO. NS-855. approving an amendment to the Carlsbad Airport Centre Specific Plan SP 181(F) to include "Educational Facilities, Other" as a permitted use subject to the approval of a Minor Conditional Use Permit, to allow the Academy to operate in a portion of an existing building within the boundaries of the specific plan, on property located at 1950 Camino Vida Roble. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 13.AB #19,125 - STREET VACATION AND APPROVAL OF FINAL MAP. Associate Engineer David Rick presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Hall, Mr. Rick confirmed that this public hearing was noticed by placing signage on the site and by an ad in the newspaper in accordance with law. Mayor Lewis opened the duly noticed Public Hearing at 6:38 p.m. The applicant Mike Howes, 5927 Balfour Court, Suite 202, Carlsbad, came forward to address Council. Mr. Howes spoke in support of the project and stated that he would be happy to answer any questions from Council. Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 6:39 p.m. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2007-209. approving the Final Map for CT 04-11, Poinsettia Commons and authorizing the City Clerk to process the Final Map for recordation; and, Adopted RESOLUTION NO. 2007-210. vacating a portion of Embarcadero Lane aligned in a north and south direction, STV 06-06. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. August 7, 2007 Carlsbad City Council Meeting Page 6 14. AB #19.126 - STREET AND UTILITY EASEMENT VACATION. Associate Engineer Clyde Wickham presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Mayor Lewis opened the duly noticed Public Hearing at 6:44 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:44 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-211. vacating Slater Place and a portion of an associated general utility and access easement, STV 06-04. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT. Mayor Lewis adjourned to the Joint Special Meeting of the Carlsbad City Council and Municipal Water District at 6:46 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 7:14 p.m. with five Council Members present. RECESS: Mayor Lewis declared a recess at 7:15 p.m. Council reconvened at 7:22 p.m., with five members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 16. AB #19.093 - SUSTAINABILITY AND ENVIRONMENTAL GUIDING PRINCIPLES. Deputy City Manager Jim Elliott, Senior Management Analyst Joe Garuba and Public Works Manager Linda Kermott presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Elliott gave an overview of the framework to establish sustainability and environmental guiding principles. Mr. Garuba and Ms. Kermott reviewed the following Sustainability and Environmental Guiding Principles for Council consideration: August 7, 2007 Carlsbad City Council Meeting Page 7 Sustainability Guiding Principles: • Be a Model Community • Create a Sustainable System • Carlsbad Citizens are Vital to our Success • Proactive Approach to Sustainability Guides City Policy • Recognize Local as well as Global Impacts • Employ Cost Effective Programs Environmental Guiding Principles: • Ethic of Conservation • Clean Air and Water • Diverse and Drought Resistant Water Supply • Protection, Preservation, and Restoration of the Natural and Human-made Environment • Waste Reduction and Recycling • Efficient Transportation and Low Emission Fuel Sources • Sound Procurement Decisions Council Member Hall stated that he would like staff to prepare a report regarding the economic and social impacts of implementing the principles presented. In response to an inquiry from Council Member Hall regarding the economics of energy efficiency, Planning Director Don Neu explained that many HVAC units are placed in parking lots rather than on the roofs of buildings. Council Member Packard expressed concerns relating to the Ethic of Conservation environmental principle. He explained that he was not comfortable with adopting specific standards such as the Leadership in Energy and Environmental Design (LEED) standards without data relating to the economic impacts of the principle. Council Member Packard also suggested that Council Policy 71, Energy Conservation and Management, be returned to Council at a later date for further review. Council Member Nygaard concurred with Council Member Packard regarding the elimination of the LEED specific standards from the Ethic of Conservation principle. Mr. Garuba explained that the principles presented are part of a living document and could be changed at a later date with Council approval. Mr. Elliott explained that staff is requesting guidance from Council at this time. Mayor Pro Tem Kulchin stated that she would like to see the economic and social impacts of implementing the principles at a later date; however, would like to move forward with adoption of the principles with an amendment to delete the reference to LEED standards. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2007-187, approving the Carlsbad Sustainability and Environmental Guiding Principles as amended to remove any reference to Leadership in Energy and Environmental Design (LEED) standards within the Ethic of Conservation Environmental Guiding Principles. August 7, 2007 Carlsbad City Council Meeting Page 8 AYES: Lewis, Kulchin and Nygaard. NOES: Hall and Packard. ABSENT: None. ACTION: On a minute motion by Council Member Packard, Council concurred to have staff return at a later date to review Council Policy 71 - Energy Conservation and Management. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 17. AB #19.128 - APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2007-213. re- appointing Jim Craig to the Parks and Recreation Commission; and, Adopted RESOLUTION NO. 2007-214. appointing Leonard Martyns to the Parks and Recreation Commission; and, Adopted RESOLUTION NO. 2007-215. re-appointing Sally Lyons to the Parks and Recreation Commission. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 18. AB #19.129 - APPOINTMENTS TO THE HOUSING COMMISSION. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2007-216. appointing Bobbie Smith to the Housing Commission; and, Adopted RESOLUTION NO. 2007-217. appointing Craig Kirk to the Housing Commision; and, Adopted RESOLUTION NO. 2007-218. appointing Hope Wrisley to the Housing Commision; and, Adopted RESOLUTION NO. 2007-219. appointing Emelda Bradwell to the Housing Commision. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: 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. August 7, 2007 Carlsbad City Council Meeting Page 9 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of August 7, 2007, was adjourned at 8:26 p.m. y . CHiUJJuwAJL, :LORRATNE M. WOODf City Clerk Sheila R. Cobian Deputy City Clerk