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HomeMy WebLinkAbout2009-01-06; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 6, 2009 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 Blackburn. Absent: None. APPROVAL OF MINUTES: Mayor Pro Tern Kulchin abstained from approval of the Minutes of the Meetings held December 2, 2008, due to her absence from those meetings. Council Member Blackburn abstained from approval of the Minutes from the meetings held December 2, 2008, and from the Special and Joint Special Meetings held December 9^ 2008, as he was not sworn into office. On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were unanimously approved as presented. Minutes of the Special Meeting held December 2, 2008 Minutes of the Regular Meeting held December 2, 2008 Minutes of the Joint Special Meeting held December 2, 2008. Minutes of the Special Meeting held December 9, 2008. Minutes of the Joint Special Meeting held December 9, 2008. Minutes of the Regular Meeting held December 9, 2008. Minutes of the Special Meeting held December 16, 2008. Minutes of the Regular Meeting held December 16, 2008. Minutes of the Special Meeting held December 17, 2008. LEGISLATIVE INVOCATION: Mayor Lewis gave the Legislative Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Kulchin led the Pledge of Allegiance. CONSENT CALENDAR: Item Nos. 3, 4, 5 and 9 were pulled for discussion. January 6, 2009 Carlsbad City Council Meeting Page 2 ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1 and 2 and #6 through # 8 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.682 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of November 30, 2008. 2. AB #19.683 - ACCEPT DONATION FOR SENIOR CENTER PROGRAMS. Council adopted RESOLUTION NO. 2009-001. accepting a donation from KoKo Beach Restaurant to benefit Senior Center Programs, and authorizing the appropriation of donated funds. 6. AB #19.687 - AMEND AGREEMENT FOR RANCHO SANTA FE MITIGATION PROJECT. Council adopted RESOLUTION NO. 2009-005. approving the first amendment to the agreement with the City of San Marcos for the construction of a portion of Rancho Santa Fe Road and adjustment to the Common City Boundary, Project No. 3907. 7. AB #19.688 - DECLARATION OF A LOCAL EMERGENCY. Council adopted RESOLUTION No. 2009-006. declaring a continued State of Local Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550 Carlsbad Boulevard, Project No. 3624. 8. AB #19.689 - AUTHORIZE REFUND OF BUSINESS LICENSE TAX. Council adopted RESOLUTION NO. 2009-007. authorizing a refund of an overpayment of business license tax to Trinity Products, Inc. DISCUSSION OF CONSENT CALENDAR ITEMS: 3. AB #19.684 - REVISED SALARY SCHEDULE. 4. AB #19.685 - REVISED SALARY SCHEDULE. 5. AB #19.686 - REVISED SALARY SCHEDULE. Mayor Lewis explained that he pulled Item Nos. 3, 4 and 5 stating that he felt that salary negotiations with the City's employee groups should be held from year-to-year as he was opposed to multiple year contracts. January 6, 2009 Carlsbad City Council Meeting Page 3 Mayor Lewis also asked that Council reconsider their own two year compensation package. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2009-002. approving the revised Salary Schedule for classifications represented by the Carlsbad City Employees' Association; and , adopted RESOLUTION NO. 2009-003. approving the revised Salary Schedule for classifications represented by the Carlsbad Police Officers' Association; and , adopted RESOLUTION NO. 2009-004. approving the revised Salary Schedule for classifications represented by the Carlsbad Firefighters' Association, Inc. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. 9. AB #19.690 -APPROVE ALLOCATION TO FAMILY HOMELESS SHELTER PROGRAM. Council Member Blackburn asked to receive more information on how the shelter, if approved, will use the funds. Housing and Redevelopment Director Debbie Fountain explained that the shelter normally is funded from federal and state resources and through private funding. She added that the economy has caused the shelter to request emergency assistance to continue operations from North County cities. Ms. Fountain said that approximately 7% of the people that benefit from the shelter are from Carlsbad. ACTION: On a motion by Council Member Blackburn, Council adopted RESOLUTION NO. 2009-008. approving an allocation of funds from the Housing Trust Fund to the North County Solutions for Change Family Homeless Shelter Program. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. PUBLIC COMMENT: Julie Baker of Carlsbad came forward to address Council. Ms. Baker stated she was encouraging the community to attend the California Energy Commission 's Public Workshop regarding the proposed Carlsbad Energy Center on Wednesday , January 7, 2009, from 10:00 a.m. to 7:00 p.m. and on Thursday, January 8, 2009, from 11:00 a.m. to 5:00 p.m. at the Sheraton Hotel. She added that the Commission will discuss air quality and pollution at 5:00 p.m. and will take public comment beginning at 6:00 p.m. January 6, 2009 Carlsbad City Council Meeting Page 4 Arnold Roe representing the Power of Vision Group, came forward to address Council. Mr. Roe said he was also encouraging the public to attend the California Energy Commission's Public Workshop. Mr. Roe referred to a brochure, (not on file in the Office of the City Clerk) circulated by NRG, saying it contained many misstatements. Mr. Roe added that it is noted in the flyer that as of January 1, 2009, NRG is no longer required to use or have fuel oil on site at the Encina facility. He said that he felt this means that the 400 foot stack is no longer necessary and urged the Council to review ways to reduce the height of the existing smoke stack. PUBLIC HEARING: 10.AB #19.691 -SEASCAPE. Jason Goth, Associate Planner, provided the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). In response to an inquiry from Mayor Lewis, Mr. Goth explained that the "second unit" is an affordable housing unit, but it can be used by a family member. Mr. Goth added, however, if the property owner is renting to a member of the public, compliance with the affordable housing agreement must be met. Housing and Redevelopment Director Debbie Fountain said that an affordable housing agreement is recorded against the property, and annual self-certification by the property owner is required regarding how the second dwelling unit is used. She added that the City cannot require the property owner to rent the unit; however, if the unit is rented, the owner must charge affordable income rent and qualify the income for the person renting the unit. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-009. adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approving a General Plan Amendment and Local Coastal Program Amendment to change the General Plan and Local Coastal Program land use designations from Residential Low-Medium Density (RLM, 04 DU/AC) to Residential Low- Medium Density (RLM, 04 DU/AC) and Open Space (OS), and the Local Coastal Program zoning designation from Limited Control (LC) to One- Family Residential (R-1) and Open Space (OS), and approving a Site Development Plan to construct two second dwelling units to meet the affordable housing requirement on a 5.05 acre property generally located on the northeast corner of Black Rail Road and Avena Court East within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20, GPA 05-11/LCPA 05-06/SDP 05-12; and, Introduced ORDINANCE NO. CS-021. amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change from Limited Control (LC) to One-Family Residential (R-1) and Open Space (OS) on property located on the northeast corner of Black Rail Road and Avena Court East in Local Facilities Management Zone 20, ZC 05-10. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. January 6, 2009 Carlsbad City Council Meeting Page 5 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 6:23 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis reconvened the Council Meeting at 6:41 p.m. with five Council Members present. RECESS: Mayor Lewis declared a recess at 6:41 p.m. RECONVENE CITY COUNCIL MEETING Mayor Lewis reconvened the Council Meeting at 6:47 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 13.AB #19.692 - REVISIONS TO CITY COUNCIL POLICY NO. 28. Brian Albright, Recreation Director and Mick Calarco, Recreation Services Manager gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). Council Member Packard asked for clarification regarding sound amplification during events. Council Member Hall asked if the Police Chief would explain how the police deal with sound issues. Police Chief Tom Zoll explained that when a complaint is received, the police first attempt to quell the noise. He added that if those persons holding the event do not comply with the request, the event will then be subject to cancellation. Chief Zoll said the Police Department enforces the rules of the park. Council Member Hall asked about amplified sound during an event such as the City's jazz concerts held in parks or Oktoberfest. Mr. Calarco responded that the City's Special Event Permit issued for that type of event would permit amplified sound. He said that Council Policy No. 28 is specifically geared toward the smaller events issued with facility use permits. Chief Zoll also stated that in order to obtain a Special Event Permit, certain requirements must be met by the event holder to mitigate noise or other impacts the event may have on the surrounding area. January 6, 2009 Carlsbad City Council Meeting Page 6 In response to an inquiry from Council Member Hall, Mr. Calaraco said that a Special Event Permit allowed the holder of the event to temporarily bypass the noise rules of the park. Mayor Lewis asked for clarification about the Parks and Recreation Commission vote of 5-2 regarding the Policy. Mr. Calarco explained that a couple of the Commissioners were concerned because Council Policy No. 28 does not permit alcohol at events for minors even when adults were present. He said they stated they felt that this was selectively singling out certain groups holding events such as Quinceaneras or Bar Mitzavhs. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-010. amending Council Policy No. 28 to incorporate proposed changes to the Facility Use Regulations. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. 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 have been invited to attend, and may be participating in the following events: Wednesday, January 7, 2009 from 10:00 a.m. to 7:00 p.m. California Energy Commission Public Workshop regarding the Proposed Carlsbad Energy Center Sheraton Carlsbad 5480 Grand Pacific Drive Carlsbad, California Thursday, January 8, 2009 from 11:00 a.m. to 5:00 p.m. California Energy Commission Public Workshop regarding the Proposed Carlsbad Energy Center Sheraton Carlsbad 5480 Grand Pacific Drive Carlsbad, California Thursday, January 8, 2009 at 6:00 p.m. Tri-City Wellness Center Preview Event 6250 El Camino Real Carlsbad, California January 6, 2009 Carlsbad City Council Meeting Page 7 ADJOURNMENT: By proper motion, the Regular Meeting of January 6, 2009 was adjourned at 7:09 p.m. LORRAINE M. WOOD, CMC City Clerk Sherry Freisinger Deputy Clerk