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HomeMy WebLinkAbout2007-09-18; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 18, 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: Mayor Lewis offered the Invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. PRESENTATIONS: Mayor Lewis presented a proclamation to Tom Watson of the Carlsbad Youth Baseball Organization. Mr. Watson thanked the Council for its support of the Carlsbad Youth Baseball Organization and the opportunity to celebrate the Bronco Gold All Star Baseball Team's winning season. Proclamations were presented to the following Bronco team members: Tim Swann Slater Lee Tyler Knapp Ryan Barrett Addison Domingo Caleb Whitley Efrain Medina Sam Casinelli Matthew Holmes-Rodriguez Dylan Ries Kevin Menker Dillon Thomison Ryan Healy Mr. Watson also expressed appreciation to the Carlsbad Recreation Department and to Recreation Area Manager Gian Laura for his support of Carlsbad Youth Baseball. He presented Mr. Laura with a letter and gift on behalf of Carlsbad Youth Baseball's Board of Directors. Mayor Lewis announced that Council had received a request from the appellant to continue Public Hearing Item #10 to the Council meeting of October 9, 2007. September 18, 2007 Carlsbad City Council Meeting Page 2 City Attorney Ron Ball explained that since Item #10 is an appeal, the City is obligated to open the Public Hearing. He also stated that Council could hear arguments from the subdivider at this meeting. CONSENT CALENDAR: Council Member Packard stated he would be voting no on Consent Calendar Item No. 3. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through # 6 as follows: AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: Council Member Packard on Item #3. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.165 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2007-244. accepting bids and awarding a contract to Rangel Development Group, Incorporated for the Poinsettia Sewer Lift Station Upgrade, Project No. 3875. 2. AB #19.166 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2007-245. accepting the construction of the Highland Drive Storm Drain as complete, and directing the City Clerk to file a Notice of Completion, Project No. 6600. 3. AB #19.167 -AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2207-246. accepting bids and awarding a contract to Court Concepts, Incorporated for the construction of the Poinsettia Community Park Phase MA Tennis Courts, and appropriating funds, Project No. 4502. (Council Member Packard voted No on this item.) 4. AB #19.168- MANAGEMENT PERFORMANCE AND COMPENSATION PLAN. Council adopted RESOLUTION NO. 2007-247. amending the management salary structure and modifying the health benefits and long-term disability provision of the Management Compensation and Benefits Plan. 5. AB #19.169 - AMENDMENT TO AGREEMENT AND ACCEPTANCE OF GRANT. Council adopted RESOLUTION NO. 2007-248. approving Amendment No. 2 to the Agreement with the San Diego County Aging and Independence Services (A.I.S.), and accepting a grant award for congregate meals, home meal delivery and transportation services for Fiscal Year 2007-2008. September 18, 2007 Carlsbad City Council Meeting Page 3 6. AB #19.174 - INTERIM CITY MANAGER APPOINTMENT. Council adopted RESOLUTION NO. 2007-250. acknowledging the retirement of the City Manager and appointing an Interim City Manager during the recruitment process, and appropriating funds. ORDINANCE FOR INTRODUCTION: 7. AB #19.171 -AMENDMENTS TO CHAPTERS 8.09 AND 8.44 OF THE CARLSBAD MUNICIPAL CODE. Police Captain Mike Shipley and Deputy City Attorney Paul Edmonson presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Captain Shipley provided a background on the creation of the proposed Ordinances. He stated that during the past year, staff met with business owners and community groups in an ordinance review process. Captain Shipley explained that Ordinance No. NS-859 contains a noise level limit from 10:00 p.m. to 7:00 a.m. and that staff is recommending a maximum allowable noise level of 65 decibels. Captain Shipley stated that Ordinance No. NS-860 will prohibit the consumption of alcohol or possessing open containers of alcohol on identified city-owned property. He further explained the proposed areas are any public street, sidewalk, alley, highway or public parking lot within the Redevelopment area and in Rotary Park located on Washington Street. Council Member Packard asked why the decibel level recommendation was 65 and not 60 like other jurisdictions. Deputy City Attorney Paul Edmonson said that the 65 decibel level was chosen by the Police Department based upon the survey taken of current noise levels in the area. He added that Council could choose to lower the noise level to 60 decibels. In response to an inquiry by Mayor Pro Tern Kulchin, Rick Tavaras of Investigative Science and Engineering, 16486 Bernardo Center Drive, San Diego explained that the basis for the measurement of sound is distance. Michael Babawal, representing the Carlsbad Chamber of Commerce, 5934 Priestly Drive came forward to address Council. Referencing a letter (on file in the Office of the City Clerk) from the Chamber President Ted Owens, Mr. Babawal expressed the Chambers support for the proposed Ordinances. Aaron Williams, representing the Coyote Bar and Grill, 300 Carlsbad Village Drive, came forward to address Council. Mr. Williams stated he was in support of the Ordinances; however, would like to see Section 150 of the appeal procedure regarding overturning the City Manager's decision on suspension changed from three Council Members to a simple majority vote. September 18, 2007 Carlsbad City Council Meeting Page 4 Justin Burnette, representing the Boar's Crossing, 390 Grand Avenue, came forward to address Council. Mr. Burnette stated that meeting the 65 decibel requirement could be difficult and suggested that residents moving into the Village be required to sign a notice that they understood entertainment was provided in this area. Martin Blair, representing the Ocean House Restaurant, 2655 Ocean Street, came forward to address Council. Mr. Blair spoke in support of the Ordinances; however, commented that he had concerns with some of the land use provisions of the Ordinances. Larry Brown, 3965 Linmar Lane, came forward to address Council. Mr. Brown expressed his support for the proposed Ordinances and urged Council to enact the Ordinances citywide. Sue Stewart, 3975 Linmar Lane, came forward to address Council. Ms. Stewart explained that she surveyed 70 residents in her neighborhood area who are in support of the Ordinances. She added that they and she would like her area to be included in the Ordinance regarding consumption of alcoholic beverages in public places. (Surveys are on file in the Office of the City Clerk.) John Byrom representing Tri-City Prevention Collaborative, 1745 Fire Mountain Drive, Oceanside, came forward to address Council. Mr. Byrom suggested that Council expand the restriction of consumption of alcohol in public places to the entire city and cited examples of other local cities with this type of ordinance. Nicole Pappas, President of the North Coastal Prevention Coalition, 2689 Garfield Street, came forward to address Council. Ms. Pappas presented a PowerPoint presentation (on file in the Office of the City Clerk) regarding a project worked on by several Carlsbad students entitled "Tackling Alcohol Together". She explained that the students surveyed approximately 100 individuals (surveys on file in the Office of the City Clerk), and the results showed how easy it was for youth under the age of 21 to purchase and consume alcohol in Carlsbad establishments. In conclusion, Ms. Pappas stated the Coalition was in support of Council adopting the Ordinances and thanked Council and staff. William Lanphear, 880 Home Avenue, came forward to address Council. Mr. Lanphear expressed concerns relating to the enforceability of the proposed Ordinances. In response to an inquiry from Council Member Hall, Captain Shipley explained the alcohol consumption in public places Ordinance covers the area known as Rotary Park, located east of Washington Street between Carlsbad Village Drive and Grand Avenue. In response to an inquiry from Council Member Packard, Mr. Edmonson explained that staff could amend the proposed Ordinances at a later date by returning to Council with amendments. Mayor Lewis stated he would like to see names published of those arrested for DUI and drunkenness in the right-of-way. He asked staff to look into this issue. September 18, 2007 Carlsbad City Council Meeting Page 5 City Attorney Ron Ball replied staff will research the matter. Council Member Hall asked that the alley near Rotary Park be included in the Ordinance addressing consumption of alcohol beverages in public places. Deputy City Attorney Edmonson provided Council with an amendment to the section of the Ordinance that included the area Council Member Hall requested. City Attorney Ron Ball titled the Ordinances. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-859. renaming Chapter 8.09 of the Carlsbad Municipal Code from Cabaret Dances to Entertainment License; repealing Code Sections 8.09.011 through 8.09.017 relating to Cabaret Dances and adding Sections 8.09.010 through 8.09.170 relating to entertainment licenses; and Introduced ORDINANCE NO. NS-860, adding Sections 8.44.040 and 8.44.050 to the Carlsbad Municipal Code relating to alcoholic beverages in certain city-owned public places as amended to include the alley near Rotary Park. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCE FOR ADOPTION: 8. AB #19.170 - CITY COUNCIL COMPENSATION. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-858. amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code by the amendment of Section 2.04.010 to increase the compensation of the Mayor and Members of the City Council. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. PUBLIC COMMENT: Ginny Unanue, 1413 Denise Circle, Oceanside, came forward to address Council. Ms. Unanue said that Carlsbad High School was celebrating its 50th year and cited the various activities being held in the next few weeks in celebration of this event. She encouraged the citizens of Carlsbad and the City Council to attend the various events. September 18, 2007 Carlsbad City Council Meeting Page 6 PUBLIC HEARINGS: This item was continued from the Council Meeting of July 24, 2007. 9. AB #19.109 - KELLY/JRM OFFICE BUILDING. Senior Planner Van Lynch gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). John Couvillion, representing JRM Real Estate, 1040 South Andreasen, Escondido, came forward to address Council. Mr. Couvillion stated he felt that his project represented the best use of the property and said the design team was available to answer any questions that Council might have. Mayor Lewis opened the duly noticed Public Hearing at 7:44 p.m. Seeing no one wishing to speak, Mayor Lewis closed the duly noticed Public Hearing at 7:44 p.m. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-852. approving an amendment to the Zoning Map to grant a Zone Change, ZC 04-15, from Planned Industrial- Qualified Development Overlay zone to Open Space; and, Adopted RESOLUTION NO. 2007-199. approving a Mitigated Declaration and Mitigation Monitoring and Reporting Program, and approving a Consistency Determination for the McClellan-Palomar Airport Comprehensive Land Use Plan, a General Plan Amendment (GPA 04- 20), a Local Coastal Program Amendment (LCPA 06-05) and a Coastal Development Permit (CDP 03-03) on property located on the southeast corner of Palomar Airport Road and Aviara Parkway. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 10.AB #19.172 -APPEAL OF CITY ENGINEER'S DECISION. City Attorney Ron Ball explained that the appellant requested a postponement of the hearing to October 9, 2007. He recommended that the item be continued but stated that the law required the Council commence the hearing to hear testimony from anyone in the audience who cannot be present on October 9, 2007. Thomas Scott, 5381 Delaney Court, Carlsbad, came forward to address Council. Mr. Scott stated the project has been met with multiple delays and he would like to present the case for the subdivision at this meeting. He added that he was concerned about September 18, 2007 Carlsbad City Council Meeting Page 7 continuing the hearing because he felt the appellant will request continuances until all resources are exhausted. Council Member Hall stated the final decision would be made on October 9, 2007. Mr. Hall recommended that Mr. Scott present his case on that date. Council Member Nygaard requested that Mr. Ball advise the appellant that the hearing would not be postponed again. Mr. Ball responded that he would contact the appellant advising him that the October 9, 2007 hearing would not be postponed. Council concurred to continue the item until the October 9, 2007 Council Meeting. RECESS: Mayor Lewis declared a recess at 7:57 p.m. Council reconvened at 8:01 p.m., with five members present. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT. Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 8:01 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 8:02 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #19.173 - REQUEST FOR "IN KIND" SERVICE ASSISTANCE. La Costa Canyon High School Associated Student Body (ASB) Vice President Lauren Siegman and ASB Director Andy Saltsman requested that Council approve their request for "in-kind" service assistance for their Homecoming Parade scheduled for October 18, 2007. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-249. approving "in kind" service assistance to the La Costa Canyon High School Associated Student Body (ASB) regarding their Homecoming Parade. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. September 18, 2007 Carlsbad City Council Meeting Page 8 This item was continued from the Council Meeting held September 11, 2007. 12.AB #19.163 - CITYWIDE RECORDS MANAGEMENT PROGRAM PRESENTATION. City Clerk/Records Manager Lorraine Wood, Assistant City Clerk Karen Kuntz, and Records Supervisor Ronna Stickrod gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-241. approving revisions to the established Records Retention Schedule. 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. CITY MANAGER COMMENTS: Retiring City Manager Ray Patchett expressed his appreciation for the Councils, staff and citizens he has worked with throughout his career. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of September 18, 2007 was adjourned at 8:24 p.m. LORRAINE M. WOOD, CMC City Clerk Sherry Freisinger Deputy Clerk