HomeMy WebLinkAbout2008-06-17; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 17, 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 6:03 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 Legislative Invocation.
PLEDGE OF ALLEGIANCE: Council Member Nygaard led the Pledge of Allegiance.
PRESENTATIONS:
Council presented a proclamation in recognition of Historic Preservation Week. The following
members of the Carlsbad Historic Preservation Committee were introduced: Veronica Daly,
Raul Diaz, Wendy Hinman, Sue Ladouceur and Joyce Smith.
Deputy Library Director Suzanne Smithson came forward to announce the following winners
of the 3rd Grade Art Contest:
Buena Vista School: Maya Smith, Christopher Andersen, layera Jackson
Calavera Hills School: Emily Swarthout, Emily Ha, Megan Phillips
Hope School: Rachel (Ruiqi) Wang, Melissa Kay, Julia Taliana
Jefferson School: Cali Thomas, Edie Grenda, Whitney Drucker
Kelly School: Mark Scheble Jr., Jacob Grove, Halle Montgomery
Magnolia School: Natan Mejia, Alexis Czvik, Cynthia Castenada
Pacific Rim School: Angelina Todd, Emma Gallant, Rachel Kosic, Bryant Phan
Poinsettia School: Julianna Johnson, Elie Nguyen, Julie Le
Ms. Smithson announced that the winning artwork will be on display throughout the month of
July at the Cole Library.
CONSENT CALENDAR:
Item Nos. 2, 3 and 5 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of
the Consent Calendar, Item Nos. 1, 4, and 6 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
June 17, 2008 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 #19.473 -ACCEPTANCE OF DONATION AND APPROVAL OF INSTALLATION OF
ARTWORKS.
Council adopted RESOLUTION NO. 2008-166. accepting a donation of two artworks
from the Italo Scanga Foundation and approving the installation of the artworks on the
front lawn of the Cultural Arts Office.
2. AB #19.474 -ACCEPTANCE OF DONATION FROM THE CARLSBAD FRIENDS OF
THE ARTS.
This item was pulled for discussion.
3. AB #19.475 -ACCEPTANCE OF DONATION FROM THE FRIENDS OF THE
CARLSBAD LIBRARY.
This item was pulled for discussion.
4. AB #19.476 - CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER
REDUCTION ACT PROGRAM.
Council adopted RESOLUTION NO. 2008-169. authorizing the submittal of the
Funding Request Form to the Department of Conservation's Division of Recycling and
authorizing the City Manager or designee to execute all necessary forms for the
purpose of securing payments.
5. AB #19.477 - ADVERTISE FOR BIDS.
This item was pulled for discussion.
6. AB #19.478 - GENERAL MUNICIPAL ELECTION.
Council adopted RESOLUTION NOS. 2008-171. 2008-172 AND 2008-173. calling and
giving notice of a General Municipal Election to be held in the City of Carlsbad on
November 4, 2008; and, requesting the Board of Supervisors to consolidate the
election with the statewide election being held November 4, 2008; and, adopting
regulations for candidates at the election.
DISCUSSION OF CONSENT CALENDAR ITEMS:
2. AB #19.474 -ACCEPTANCE OF DONATION FROM THE CARLSBAD FRIENDS OF
THE ARTS.
Cultural Arts Manager Peter Gordon came forward to accept a donation from the Carlsbad
Friends of the Arts. Mr. Gordon introduced Pam Freeze, the current President of the
Carlsbad Friends of the Arts program, who gave an overview of the programs benefited by the
Friends of the Arts donations.
Ms. Freeze announced that Friday, June 20, 2008 will be the first concert of the 2008 TGIF
Jazz in the Park season.
June 17, 2008 Carlsbad City Council Meeting Page 3
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-167. accepting a donation from the Carlsbad
Friends of the Arts for the TGIF Jazz in the Parks and Three-Part-Art
Programs.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
3 AB #19.475 -ACCEPTANCE OF DONATION FROM THE FRIENDS OF THE
CARLSBAD LIBRARY.
Library Director Heather Pizzuto came forward to accept a donation from the Carlsbad
Friends of the Library. Ms. Pizzuto introduced Arthur Wood, President of the Friends of the
Library.
Ms. Pizzuto played a brief public service announcement regarding the summer reading
program that is supported by the Friends of the Library donations.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-168. accepting a donation from the Friends of
the Carlsbad Library and acknowledging a pledge of additional direct
support for additional materials, services and programming for the
community.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
5. AB #19.477-ADVERTISE FOR BIDS.
Michele Levy, Carlsbad, spoke in support of developing a Fire Department Master Plan.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-170. approving the plans and specifications for
the Oak Avenue Sewer Replacement, and authorizing the City Clerk to
advertise for bids, Project No. 3927-1.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ORDINANCES FOR INTRODUCTION:
7. AB #19.479 - AMENDMENT TO CARLSBAD MUNICIPAL CODE. TITLE 13.
REGULATING FATS. OILS AND GREASES.
Council Member Hall stepped down from the dias at 6:41 p.m. due to a potential conflict of
interest.
June 17, 2008 Carlsbad City Council Meeting Page 4
Allan Wanamaker, Carlsbad resident and business owner, came forward to address Council.
Mr. Wanamaker expressed concerns relating to the impacts adoption of the proposed
ordinance would have on business owners.
Mr. Wanamaker also commented that business owners were not given adequate notice that
the proposed Ordinance was going to be considered by Council.
In response to an inquiry from Mayor Lewis, Mr. Wanamaker stated that although he had not
been notified by State officials regarding the new regulations, a consultant from the City of
Carlsbad had come to inspect his grease trap in November or December, 2007.
In response to an inquiry by Council Member Packard, Mr. Wanamaker stated that business
owners were not notified that this issue would be coming before the Council this evening.
Public Works Manager Cari Dale and Public Works Superintendent Don Wasko came forward
to address Council. Ms. Dale explained that letters were sent out last fall to restaurant
owners in the effected sewer service area, as well as churches and facilities with kitchens,
inviting them to participate in educational workshops.
Ms. Dale explained that the workshops were held to inform business owners about the new
requirements being implemented by the State and about upcoming inspections. She further
explained that only 12 business owners out of the 211 who were notified attended the
workshops.
Mr. Wasko commented that follow-up letters were sent to business owners indicating that the
workshops were complete and that consultants would be coming to inspect the grease
removal devices in place at the businesses.
In response to an inquiry from Council Member Nygaard, Ms. Dale stated that some
inspections would continue throughout fiscal year 2008-09. In closing, Ms. Dale explained
that the program would be evaluated after the inspections were completed.
Mayor Lewis asked if the 12 business owners who attended the workshops had any input in
the Ordinance.
Mr. Wasko replied that the workshop was intended to educate the business owners about the
new requirements from the State but that the Ordinance was not reviewed as part of the
workshops.
In response to an inquiry from Mayor Lewis, Ms. Dale stated that postponing a decision on
the matter for up to one month would still allow the City to meet the timelines for implementing
the new requirements.
Council directed staff to send a notice to inform the affected businesses of the new
requirements and the proposed Ordinance.
Council concurred to return the item to staff.
Council Member Hall returned to the dias at 7:03 p.m.
June 17, 2008 Carlsbad City Council Meeting Page 5
8. AB #19.480 - AMENDMENT TO CARLSBAD MUNICIPAL CODE. REINSTITUTING THE
MAJORITY OF THE QUORUM FOR THE CONDUCT OF BUSINESS.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-001. amending Sections 1.20.090 and 1.20.520 of
the Carlsbad Municipal Code by reinstituting the majority of the quorum
decision making process for all matters of local concern.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
PUBLIC COMMENT:
Michele Levy, Carlsbad, spoke in support of funding a study for a Fire Department Master
Plan.
PUBLIC HEARINGS:
9. AB #19.481 - PALOMAR AIRPORT ROAD DRIVEWAY.
Associate Planner Jason Goff presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Council Member Nygaard confirmed with staff that additional directional signage will be
installed for the new turn lane.
Mr. Goff introduced Chris Calkins, President of Carlsbad Village Ranch Enterprises and the
Flower Fields. Mr. Calkins stated that the additional entrance into the Flower Fields will
contribute to its success.
Mayor Lewis opened the duly noticed Public Hearing at 7:19 p.m. Seeing no one wishing to
speak, the hearing was closed at 7:19 p.m.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. NS-893. adopting an amendment to the Carlsbad
Ranch Specific Plan (SP 207 (G)) to allow for a second driveway access
for ingress only into the Armstrong Garden Center/Flower Fields property
from Palomar Airport Road on property generally located northeast of
Palomar Airport Road and Paseo Del Norte in the Mello II Segment of the
Local Coastal Program and in Local Facilities Management Zone 13; and,
Adopted RESOLUTION NO. 2008-174. approving a determination that
Specific Plan Amendment (SP 207 (G)) and Local Coastal Program
Amendment (LCPA 07-07) are within the scope of the previously
certified Carlsbad Ranch Specific Plan Program EIR and that the
program EIR adequately describes the activity for the purposes of CEQA
and approving a Local Coastal Program Amendment to amend the
Carlsbad Ranch Specific Plan, Planning Area 7 (The Flower Fields) to
allow for a second driveway access for ingress only into the Armstrong
Garden Center/Flower Fields property from Palomar Airport Road on
property from Palomar Airport Road on property generally located
June 17, 2008 Carlsbad City Council Meeting Page 6
Northeast of Palomar Airport Road and Paseo Del Norte in the Mello II
segment of the Local Coastal Program and in Local Facilities
Management Zone 13.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
10. AB #19.482 - TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF
PROJECTS.
Senior Civil Engineer Marshall Plantz presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Council Member Nygaard expressed concerns regarding safety railing along Carlsbad
Boulevard. Mr. Plantz explained that the developers would be required to install railing
consistent with Cal Trans requirements.
In response to an inquiry from Council Member Packard, Mr. Plantz explained that Federal
Funding typically has some type of matching funds requirement calculated by set formulas.
Mayor Lewis opened the duly noticed Public Hearing at 7:31 p.m. Seeing no one wishing to
speak, the hearing was closed at 7:31 p.m.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-175. approving the Carlsbad TransNet Local
Street Improvement Program of Projects for fiscal years 2009 through
2013.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: 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: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members would be participating in the
following event:
Wednesday, June 18, 2008 at 11 a.m.
Council Workshops
Faraday Center
1635 Faraday Avenue
Carlsbad, California
June 17, 2008
ADJOURNMENT:
Carlsbad City Council Meeting Page/
By proper motion, the Regular Meeting of June 17, 2008 was adjourned at 7:47 p.m.
City Clerk
Sheila R. Cobian
Deputy City Clerk