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Home My WebLink About2008-10-07; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 7, 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: Mayor Lewis gave the Legislative Invocation. PLEDGE OF ALLEGIANCE: Council Member Hall led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were approved as presented: Minutes of the Special Meeting held September 9, 2008 Minutes of the Joint Special Meetings held September 9, 2008 Minutes of the Regular Meeting held September 9, 2008 Minutes of the Special Meeting held September 11, 2008 Minutes of the Special Meetings held September 16, 2008 Minutes of the Regular Meeting held September 16, 2008 Minutes of the Joint Special Meetings held September 16, 2008 Minutes of the Special Meeting held September 17, 2008 PRESENTATIONS: Mayor Lewis presented a Proclamation to Public Works Manager Cari Dale in recognition of the American Water Works Association Award to the Carlsbad Municipal Water District "Service to the Water Industry". Mayor Lewis presented a Proclamation to Fire Prevention Specialist Cindy Wong and Fire Division Chief Chris Heiser in recognition of Fire Prevention Week. Ms. Wong invited Council and the citizens of Carlsbad to attend the Annual Fire Department Open House on Saturday, October 11, 2008 at Station 5 located on Orion Way beginning at 10:00 a.m. October 7, 2008 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: Item Nos. 1 and 3 were pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Item Nos. 2 and 4 through 5 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 #19.593 - ADVERTISE FOR BIDS. This item was pulled for discussion. 2. AB #19.594-ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2008-279. accepting a donation from the Rotary Club of Encinitas and authorizing the appropriation of funds in support of the Sportsmanship/T.R.U.S.T. Program. 3. AB #19.595 -AWARD OF CONTRACT. This item was pulled for discussion. 4. AB #19.596 - MEMORANDUM OF UNDERSTANDING FOR SCHOOL RESOURCE OFFICER PROGRAM WITH CARLSBAD UNIFIED SCHOOL DISTRICT. Council adopted RESOLUTION NO. 2008-281. approving the Memorandum of Understanding between the City of Carlsbad and Carlsbad Unified School District for the School Resource Officer Program for school year 2008-09. 5. AB #19.597 - MEMORANDUM OF UNDERSTANDING FOR SCHOOL RESOURCE OFFICER PROGRAM WITH SAN DIEGUITO UNIFIED SCHOOL DISTRICT. Council adopted RESOLUTION NO. 2008-282. approving the Memorandum of Understanding between the City of Carlsbad and San Dieguito Unified School District for the School Resource Officer Program for school year 2008-09. DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #19.593 - ADVERTISE FOR BIDS. Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support of establishing a Fire Department Master Plan. Council Member Packard expressed concerns relating to the expenditure of funds on a park expansion that is not necessary at this time. In conclusion, he stated that due to the current economic conditions he would be voting no on this item. In response to an inquiry from Mayor Lewis, Recreation Services Manager Mick Calarco stated that the proposed expansion is not related to any type of safety issue at the Park. October 7, 2008 Carlsbad City Council Meeting Page 3 ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-278. approving the plans and specifications for the construction of the Event Area Expansion at Leo Carrillo Ranch Historic Park and authorizing the City Clerk to advertise for bids, Project No. 45031. AYES: Lewis, Kulchin, Hall and Nygaard. NOES: Packard. ABSENT: None. 3. AB #19,595 -AWARD OF CONTRACT. Michele Levy, Carlsbad, requested that the Council consider placing the establishment of a Fire Department Master Plan on an upcoming agenda. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-280. accepting bids and awarding a contract to HMS Construction, Inc. for construction of the traffic signal at Rancho Santa Fe Road and Avenida La Cima, Project No. 6307-1. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCES FOR ADOPTION: 6. AB #19,600 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE EFFECTIVE DATE OF ORDINANCES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-009. amending Section 1.20.610 of the Carlsbad Municipal Code regarding the effective date of Ordinances. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 7. AB #19.601 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON LIONSHEAD AVENUE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-008. amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.850, to establish a prima facie 50 mile per hour speed limit on Lionshead Avenue from Melrose Drive to the east City limit. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. October 7, 2008 Carlsbad City Council Meeting Page 4 8. AB #19.602 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE REGULATION OF FATS. OILS AND GREASE. Council Member Hall stepped down from the dais at 6:21 p.m. stating that he would not be voting on this item due to a potential conflict of interest; owning a restaurant in Carlsbad. Thomas Arnold, Carlsbad, expressed concerns relating to the possible economic hardships adoption of this Ordinance may have on small cafe owners. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-010. amending Title 13 of the Carlsbad Municipal Code by the revision of Sections 13.04.010 and 13.04.050, and by the addition of Section 13.06 establishing a Fats, Oils and Grease (FOG) Control Program. AYES: Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Hall. Council Member Hall returned to the dais at 6:24 p.m. PUBLIC COMMENT: A representative from Policewatch.org came forward to address Council. The gentleman expressed concerns relating to the accountability of law enforcement personnel. Laurie Haslam, Carlsbad, spoke in support of Proposition 8 that will be on the November 4, 2008 ballot. Michele Levy, Carlsbad, questioned the usefulness of the city owned building known as the Farmers Insurance building. PUBLIC HEARING: 9. AB #19.598 - FENTON CARLSBAD CENTER SPECIFIC PLAN. Assistant Planner Dan Halverson presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Bill Hofman, Hofman Planning and Engineering, came forward to address Council on behalf of the developer H.G. Fenton. Mr. Hofman introduced Larry Harrison of Scripps Healthcare who gave a brief PowerPoint presentation (on file in the Office of the City Clerk) illustrating the type of facility that will be built in Carlsbad provided Council approves the proposed project. In response to an inquiry from Council Member Nygaard, Mr. Harrison confirmed that Scripps is proposing to operate an out patient surgery center at the location. Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:50 p.m. Council discussion ensued regarding their support for the proposed project. October 7, 2008 Carlsbad City Council Meeting Page 5 ACTION: On a minute motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-283. approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving a General Plan Amendment (GPA 07-04) to change the land use designation on three lots from Planned Industrial to Office; and, Introduced ORDINANCE NO. CS-011. amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change (ZC 07-04) on three lots from Planned Industrial to Office; and, Introduced ORDINANCE NO. CS-012, adopting the Fenton Carlsbad Center Specific Plan (SP 07-02) on property generally located on the west side of El Camino Real between College Boulevard and Faraday Avenue in Local Facilities Management Zone 5. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Carlsbad Municipal Water District at 6:54 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 7:17 p.m. with five Council Members present. 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 October 7, 2008 was adjourned at 7:19 p.m. LORRAINE M. WOOD, CMC City Clerk Sheila R. Cobian Deputy City Clerk