HomeMy WebLinkAbout2008-11-18; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 18, 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, Hall, Packard and Nygaard.
Absent: Kulchin.
APPROVAL OF MINUTES:
On a motion by Council Member Hall, the minutes of the following meetings were
unanimously approved as presented:
Minutes of the Special Meeting held October 21, 2008.
Minutes of the Regular Meeting held October 21, 2008.
Minutes of the Special Meeting held October 23, 2008.
Minutes of the Special Meeting held October 28, 2008.
LEGISLATIVE INVOCATION:
Mayor Lewis gave the Legislative Invocation.
PLEDGE OF ALLEGIANCE:
Natane Casteneda and Shanee Ventura from the San Luis Rey Jingle Dancers led the
Pledge of Allegiance.
PRESENTATIONS:
Mayor Lewis presented Certificates of Recognition to the following Carlsbad Community
Television Foundation Members:
• Bob Bender
• Harv Kauffman
• Elisa Williamson
• Scott Pieratt (Absent)
Mayor Lewis presented a Proclamation to Ferdie Gasang of the La Jolla Music Society in
recognition of the Carlsbad Winter Music Celebration.
Mayor Lewis presented a Proclamation to Russell Romo, Mel Vernon and Al Cerda Jr.
of the San Luis Rey Tribal Government in honor of National American Indian Heritage
Day - November 28, 2008.
November 18, 2008 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR:
ACTION: On a motion by Council Member Hall, Council affirmed the action of
the Consent Calendar, Items #1 through #4 as follows:
AYES: Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Kulchin.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #19,628 - DESIGNATE CITY MANAGER AS AGENCY HEAD RESPONSIBLE
FOR DISCLOSURES OF GIFTS PURSUANT TO FPPC REGULATION 18944.2.
Council adopted RESOLUTION NO. 2008-301. designating the City Manager as
the "agency head" responsible for making determinations and disclosures
regarding gifts to the city pursuant to Fair Political Practices Commission
Regulation 18944.2.
2. AB #19.629 -APPROVE AGREEMENTS FOR ENVIRONMENTAL IMPACT
REPORT FOR THE BRIDGES AT AVIARA.
Council adopted RESOLUTION NO. 2008-302. approving an agreement with BRG
Consulting Inc. for the preparation of an Environmental Impact Report (EIR 06-01)
for the Bridges at Aviara; and, approving an agreement with Acacia Investors, LLC
for payment of the fees associated with the BRG Consulting, Inc. agreement.
3. AB #19.630 - APPROVE GRADING AND TEMPORARY ACCESS AGREEMENT.
Council adopted RESOLUTION NO. 2008-303. approving an agreement with
San Diego Gas and Electric Company for grading and temporary access
required for the construction of the Rancho Santa Fe Road Mitigation Project,
Project No. 3907.
4. AB #19.631 - APPROVE TEMPORARY ACCESS AGREEMENT.
Council adopted RESOLUTION NO. 2008-304. approving an agreement with the
Center for Natural Lands Management and Brookfield University Commons,
LLC, for temporary access required for the construction of the Rancho Santa Fe
Road Mitigation Project, Project No. 3907.
ORDINANCE FOR INTRODUCTION:
5. AB #19,632 - DESIGNATE A PORTION OF EL FUERTE STREET AS A TRUCK ROUTE.
City Engineer Bob Johnson 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 Nygaard, Mr. Johnson confirmed that
additional signage will be provided on El Fuerte Street clearly identifying the stretch of
El Fuerte Street that will be designated as a truck route.
City Attorney Ron Ball titled the Ordinance.
November 18, 2008 Carlsbad City Council Meeting Page 3
ACTION: On a motion by Council Member Hall, Council introduced
ORDINANCE NO. CS-015. amending Title 10, Chapter 10.32 of
the Carlsbad Municipal Code by the amendment of Section
10.32.091 to add a portion of El Fuerte Street from Palomar Airport
Road North to Faraday Avenue as a truck route.
AYES: Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Kulchin.
ORDINANCES FOR ADOPTION:
6. AB #19.633 - ESTABLISH PRIMA FACIE SPEED LIMIT ON THE CROSSINGS DRIVE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council adopted
ORDINANCE NO. CS-014. amending Title 10, Chapter 10.44 of
the Carlsbad Municipal Code, by the addition of Section 10.44.860
to establish a 40 mile per hour prima facie speed limit on The
Crossings Drive from Palomar Airport Road to its northerly
terminus.
AYES: Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Kulchin.
7. AB #19.634 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE
AREA FEE PROGRAM.
City Attorney Ron Ball titled the Ordinances.
ACTION: On a motion by Council Member Hall, Council adopted
ORDINANCE NO. CS-004. amending Title 15, Chapters
15.04 and 15.08 of the Carlsbad Municipal Code, updating
the Planned Local Drainage Area Fee Program, Carlsbad
Drainage Master Plan (MCA 07-01); and,
Adopted ORDINANCE NO. CS-005. amending Title 21,
Chapters 21,38, 21.203 and 21.205 of the Carlsbad
Municipal Code, by deleting references to the Master
Drainage Plan adopted in 1994 and the Model Erosion
Control Ordinance, and by the addition of references to the
Drainage Master Plan and existing Engineering Standards,
Carlsbad Drainage Master Plan (ZCA 07-04).
AYES: Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Kulchin.
November 18, 2008 Carlsbad City Council Meeting Page 4
PUBLIC COMMENT:
Walt Meier, Carlsbad, came forward to address Council. Mr. Meier expressed concerns
relating to the rise in burglaries in the La Costa area. Mr. Meier commented that
solicitors have been seen in the area near the time the burglaries occur. In conclusion,
he asked that the City consider passing an ordinance prohibiting solicitation.
Glenn Bernard, Carlsbad, came forward to address Council. Mr. Bernard expressed
concerns relating to the Federal, State and Local economic conditions.
Julie Baker, representing the citizens group "Power of Vision", encouraged Council to
reject the new power plant proposal by NRG, Inc. Ms. Baker stated that the current
plant is sufficient for the needs of the region.
Jack Rematier, Carlsbad, also spoke in opposition to the proposed power plant by
NRG, Inc. and expressed concerns relating to increased pollution resulting from the
new plant.
Michele Levy, Carlsbad, expressed her appreciation for the City's work in developing a
Fire Department Master Plan for the City of Carlsbad.
In response to Mr. Meier's concerns relating to solicitation, City Attorney Ron Ball stated
that a solicitation ordinance already exists in the City of Carlsbad and residents need
only to post a "No Soliciting" sign at their homes.
Police Chief Tom Zoll also came forward to address Mr. Meier's concerns and
explained that there has been a series of burglaries in the La Costa area resulting from
unlocked cars and homes.
PUBLIC HEARINGS:
8. AB #19,635 - ADAMS STREET SUBDIVISION.
Associate Planner Jason Goff presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mr. Goff gave an overview of the proposed project and stated that the Planning
Commission voted 5/0 to approve the project.
In conclusion, Mr. Goff explained that staff had inadvertently excluded several pages
from Exhibit 4 attached to the agenda bill and had since provided the missing pages
along with an errata sheet (on file in the Office of the City Clerk) to the Council, City
Manager, City Attorney and City Clerk.
Paul Klukas, Planning Systems, Carlsbad, came forward to address Council on behalf
of the applicants, Dr. Ben Medina and Dr. David Graham. Mr. Klukas asked that the
Council approve the project as presented.
Dr. Ben Medina requested that the Council approve the proposed project.
Dr. David Graham came forward to address Council. Mr. Graham also asked that the
Council approve the project.
November 18, 2008 Carlsbad City Council Meeting Page 5
In response to an inquiry from Council Member Packard, Mr. Klukas explained that a
condition of the project is to provide a manager for the dedicated Open Space in order
to be in compliance with the City's Habitat Management Plan. Mr. Klukas stated that
obtaining a manager for the open space has been somewhat challenging since the
property is small and not connected to another open space managed area.
Mayor Lewis opened the duly noticed Public Hearing at 6:57 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed Public Hearing at
6:57 p.m.
In response to an inquiry from Mayor Lewis, Planning Director Don Neu explained that
staff will work with the environmental agencies to obtain a solution to the open space
management issues of the property.
Discussion ensued regarding Council's support for the project.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council adopted
RESOLUTION NO. 2008-305. approving a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and a
General Plan Amendment for the subdivision, grading and
development of a 1.08-acre site into two (2) residential parcels,
one (1) common area parcel, and one (1) open space parcel, and
the construction of two single-family residences on property generally
located on the south side of Adams Street along the north shore of
the Agua Hedionda Lagoon between Highland Drive and Park Drive,
GPA 06-08/LCPA 06-08; and,
Introduced ORDINANCE NO. CS-016. amending Section 21.05.030
of the Carlsbad Municipal Code by an amendment to the Zoning
Map to grant a Zone Change, on property generally located on the
south side of Adams Street along the north shore of the Agua
Hedionda Lagoon between Highland Drive and Park Drive, ZC 06-07.
AYES: Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Kulchin.
9. AB #19.636 - LA COSTA RESORT AND SPA PLANNING AREA 1.
Senior Planner Van Lynch 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 applicant La Costa Resort and Spa. Mr. Hofman stated that the requested
Master Plan Amendment is viewed as more of a "clean up" to the Master Plan and will
allow for easier implementation of the Master Plan.
Mayor Lewis opened the duly noticed Public Hearing at 7:13 p.m.
November 18, 2008 Carlsbad City Council Meeting Page 6
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed Public Hearing at
7:13 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council introduced
ORDINANCE NO. CS-017. approving the La Costa Resort and Spa
Planning Area 1 Master Plan Amendment to eliminate references
to project phasing, and to transfer 21 Commercial Dwelling Units
(CDU) from Planning Area 1 to Planning Area 3, to transfer one
CDU from Planning Area 4 to Planning Area 1 within the La Costa
Resort and Spa Master Plan on land generally located on the
southeast corner of Arenal Road and Estrella De Mar Road, MP
03-02(B).
AYES: Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Kulchin.
RECESS:
Mayor Lewis declared a recess at 7:15 p.m. Council reconvened at 7:20 p.m., with four
members present.
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 7:20 p.m. with four Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Joint Special Meeting of the City Council, Housing and
Redevelopment Commission and Carlsbad Municipal Water District and reconvened
the City Council Meeting at 8:28 p.m. with four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORT:
13.AB #19,640 - REPORT ON CITY INVESTMENTS.
City Treasurer Harold "Mac" McSherry reviewed a PowerPoint presentation regarding
the City's investment portfolio as of September 30, 2008 (on file in the office of the City
Clerk).
In response to an inquiry from Council Member Packard, Mr. McSherry confirmed that
state law prohibits the City from investing in International Markets.
Council accepted the report and thanked Mr. McSherry for the presentation.
November 18, 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.
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Wednesday, November 19, 2008 - 11:00 a.m.
Carlsbad City council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
Friday, November 21, 2008 - 6:00 p.m.
Poseidon Resources Desalination Plant Appreciation Event
Sheraton Carlsbad
5480 Grand Pacific Drive
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of November 18, 2008 was adjourned at 8:51 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Shelia R. Cobian
Deputy City Clerk