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Home My WebLink About2008-04-01; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 1,2008 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 Roger Moyer of Calvary Chapel of Carlsbad gave the Invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. CONSENT CALENDAR: Item Nos. 1 and 2 were pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #3 through #7 as follows: AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.376 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. This item was pulled for discussion. 2. AB #19.377 -APPROVAL OF ALLOCATIONS FOR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. This item was pulled for discussion. 3. AB #19.378 - APPROVAL OF FINAL MAP FOR CT 04-26. ROBERTSON RANCH EAST VILLAGE. PLANNING AREAS 16. 17 AND 18. Council adopted RESOLUTION NO. 2008-093. approving the final map for CT 04- 26, Robertson Ranch East Village, Planning Areas 16,17 and 18. April 1, 2008 Carlsbad City Council Meeting Page 2 4. AB #19.379 - CONTINUATION OF LOCAL EMERGENCY FOR REPAIR OF SINKHOLE. CRIB WALL AND UTILITIES ON 2400 BLOCK OF TAMARACK AVENUE. Council adopted RESOLUTION NO. 2008-094. continuing the Declaration of Local Emergency for repair of sinkhole, crib wall and utilities on 2400 block of Tamarack Avenue. 5. AB #19.380 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE AND STORM DRAIN FROM 2283 CAMEO ROAD TO EL CAMINO REAL. PROJECT NO. 6607. Council adopted RESOLUTION NO. 2008-095. continuing the Declaration of Local Emergency for repair of sinkhole and storm drain from 2283 Cameo Road to El Camino Real, Project No. 6607. 6. AB #19.381 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2008-096. accepting the construction of CT 97- 14, Mariano (Aviara Parkway) as complete, and directing the City Manager to execute the Acceptance of Public Improvements and directing the City Clerk to record a Notice of Completion on CT 97-14 Mariano (Aviara Parkway), Drawing No. 367-2, Agreement No. 778.00. 7. AB #19.382 - AUTHORIZATION TO PURCHASE A REPLACEMENT VEHICLE FOR UNIT S440. Council adopted RESOLUTION NO. 2008-097. authorizing the purchase of a replacement vehicle from Trans-West Truck Center for unit S440 and appropriating an additional $28,514 from the Fleet-Vehicle Replacement fund to the FY 07-08 Fleet-Vehicle Replacement Budget. DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #19.376 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Michele Levy, Carlsbad, came forward to address Council. Ms. Levy encouraged the Council to develop a Fire Department Master Plan. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-091. declaring public nuisances and setting a hearing for April 15, 2008. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. April 1, 2008 Carlsbad City Council Meeting Page 3 2. AB #19.377 -APPROVAL OF ALLOCATIONS FOR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. Council Member Packard stated that he could approve items one through three of Resolution No. 2008-092; however, could not support item number four "Authorizing the Finance Director to appropriate and expend $6,500 from the General Fund Council Contingency for the operation of Fraternity House by Fraternity House, Inc." ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-092. approving the projects and funding applications for the City of Carlsbad's 2008-2009 Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program and authorizing the City Manager to enter into funding agreements for the approved projects. AYES: Lewis, Kulchin, Hall and Nygaard. NOES: Packard. ABSENT: None. ORDINANCE FOR INTRODUCTION: 8. AB #19.383 -AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-883. repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board; and, Adopted RESOLUTION NO. 2008-098. amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 9. AB #19.384 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. Fred Timm, Celinda Drive, Carlsbad, came forward to address Council. Mr. Timm spoke in opposition to establishing no parking zones on Afton Way. He explained that a parking issue does not exist on the southern end of Celinda Drive and that establishing a no parking zone in that area will negatively impact the Celinda Drive homeowners who do find it necessary to park a third or fourth vehicle on the street. In closing, Mr. Timm suggested that the City work with the managers of the Rising Glen Apartments to establish additional parking for the residents of Rising Glen. April 1, 2008 Carlsbad City Council Meeting Page 4 Walt Untershea, Celinda Drive, Carlsbad, suggested that rather than prohibiting parking on the street altogether, a possible solution would be to allow residents of Celinda Drive who obtain parking permits to park on the street. Wayne Rosenbaum, Celinda Drive, Carlsbad, spoke in support of establishing no parking zones on each side of Afton Way. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-884. establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCES FOR ADOPTION: 10. AB #19.385 - AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11.15 AND 18 TO COMPLY WITH THE REQUIREMENTS OF THE UPDATED MUNICIPAL STORM WATER PERMIT AND ESTABLISHMENT OF NEW GRADING AND IMPROVEMENT PLAN PROCESSING PROCEDURES. City Attorney Ron Ball titled the Ordinances. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-878. amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001 and establishing procedures for the processing of improvement plans for non-sub-division developments; and, Adopted ORDINANCE NO. NS-879, amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopted ORDINANCE NO. NS-880. amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, April 1, 2008 Carlsbad City Council Meeting Page 5 Adopted ORDINANCE NO. NS-881, amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopted ORDINANCE NO. NS-882. amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. PUBLIC COMMENT: Michele Levy, 3021 Highland Drive, Carlsbad came forward to address Council. Ms. Levy encouraged the City Council to develop a Fire Department Master Plan. DEPARTMENTAL AND CITY MANAGER REPORT: 11. AB #19.386 - REQUEST FOR PARKING RESTRICTIONS ON CELINDA DRIVE AREA STREETS. Brentwood Homeowners' Association President Jeanne Frommelt, Celinda Drive, came forward to address Council. Ms. Frommelt spoke in support of prohibiting parking between the hours of 12:00 a.m. and 5:00 a.m. on Celinda Drive because of recent increased crime, noise and pollution on Celinda Drive. She stated that individuals who live adjacent to Celinda choose to park their vehicles on Celinda Drive when they are unable to obtain parking in the Rising Glen Apartment Complex. She further explained that many of the vehicles remain parked for days without being moved. Eugene O'Day, Carlsbad, also spoke in support of establishing a no parking zone on Celinda Drive between the hours of 12:00 a.m. and 5:00 a.m. Brentwood Homeowners' Association Treasurer Daniel Conway, Celinda Drive, came forward to address Council. Mr. Conway reviewed a PowerPoint presentation (on file in the Office of the City Clerk) containing photographs of litter, graffiti, illegally parked and disabled vehicles on Celinda Drive. He explained that on several occasions the Carlsbad Police Department has been called to assist with the illegally parked vehicles on Celinda Drive. In closing, Mr. Conway explained that the parking situation on Celinda Drive has begun to negatively impact the quality of life for the Brentwood homeowners. April 1, 2008 Carlsbad City Council Meeting Page 6 Wayne Rosenbaum, Celinda Drive, Carlsbad, expressed concerns relating to the impact that the litter and pollution generated from the numerous cars parked on Celinda Drive has had on the City of Carlsbad's storm water environment. Mayor Pro Tern Kulchin stated that she could support the homeowner's requests for the red curb on the northwest corner of Celinda Drive as well as establishing no parking zones on Celinda Drive and the adjacent cul de sacs between the hours 12:00 a.m. and 5:00 a.m. In response to an inquiry from Council Member Hall, City Attorney Ron Ball stated that if an Ordinance is brought back for Council consideration the item would be noticed through the routine Agenda publication process. Council Member Hall stated that he too could support establishing the no parking zones on Celinda Drive; however, he encouraged the representatives of the Brentwood Homeowners' Association to adequately notify all the members of their association of the impacts of establishing the no parking zones. Council Member Nygaard spoke in support of prohibiting parking on the northwest corner of Celinda Drive and establishing no parking zones on Celinda Drive and the adjacent cul de sacs between the hours 12:00 a.m. and 5:00 a.m. She also suggested that in six months staff should prepare an update on the Celinda Drive parking situation. In response to an inquiry from Mayor Lewis, City Engineer Bob Johnson explained that in order for the no parking zones to be enforceable, individuals who park on the road must be able to see the sign in front of them when pulling past the initial no parking zone sign. He further explained that due to the linear curve of Celinda Drive and the adjacent cul de sacs, numerous signs will be necessary to ensure enforceability of the no parking zones. Mayor Lewis confirmed with staff that all signs will be posted in the public right-of-way. ACTION: On a minute motion by Mayor Pro Tem Kulchin, Council directed staff to return with documents prohibiting parking on the northwest corner of Celinda Drive, establishing a no parking zone between the hours of 12:00 a.m. and 5:00 a.m. on both sides of Celinda Drive from Carlsbad Village Drive to the end of Brentwood Heights, on both sides of Kimberly Court, Shawn Court and Dana Court; and, Directed staff to return to Council in six months to present an update on the parking situation on Celinda Drive. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. April 1, 2008 Carlsbad City Council Meeting Page 7 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 April 1, 2008 was adjourned at 7:00 p.m. UNE M. WOOD, CMC City Cleft Sheila R. Cobian Deputy City Clerk