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Home My WebLink About2009-04-07; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 7, 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: On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meetings held March 10, 2009. Minutes of the Regular Meeting held March 10, 2009. Minutes of the Special Meeting held March 17, 2009. Minutes of the Regular Meeting held March 17, 2009. Minutes of the Joint Special Meeting held March 17, 2009. Minutes of the Special Meeting held March 18, 2009. LEGISLATIVE INVOCATION: Dr. Philip Hoyer of Carlsbad Community Church gave the Legislative Invocation. PLEDGE OF ALLEGIANCE: Council Member Hall led the Pledge of Allegiance. PRESENTATIONS: Council Member Packard presented a Proclamation to Library Director Heather Pizzuto in recognition of National Library Week and Carlsbad Reads Together. Ms. Pizzuto thanked Council and stated that many activities have been scheduled throughout the month of April to recognize the event. She stated that additional information regarding the activities is available on the City website or by calling (760) 602-2026. Ms. Pizzuto introduced Arthur Woods, President of Friends of the Carlsbad Library. Mr. Woods stated that the Friends of the Carlsbad Library have raised $1.5 million in support of the library. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items 1 through 5 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. April 7, 2009 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 #19.761 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Council adopted RESOLUTION NO. 2009-062. declaring public nuisances and setting a hearing for April 21, 2009. 2. AB #19.762 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of February 28, 2009. 3. AB #19.763 - APPROVE REIMBURSEMENT AGREEMENT AND ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2009-063. approving the Reimbursement Agreement with CB Ranch Enterprises to construct Palomar Airport Road Widening improvements, authorizing an increase in the appropriation of funds; and, authorizing the City Clerk to advertise for bids, Project No. 3811-1. 4. AB #19.764 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2009-064. approving the plans and specifications for the construction of the 2009 Slurry Seal Project; and, authorizing the City Clerk to advertise for bids, Project No. 6001 (09SS). 5. AB #19.767 -TERMINATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2009-067. declaring the termination of the Local Emergency from March 12, 2009, to repair damaged sewer lines at Carlsbad Boulevard and Pine Street. ORDINANCE FOR ADOPTION: 6. AB #19.766 - CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TOTHE PLANNED DEVELOPMENT REGULATION AMENDMENTS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-026. approving an amendment to the Zoning Ordinance and Local Coastal Program to modify the standards in Municipal Code Chapter 21.45 (Planned Development) and Chapter 21.82 (Beach Area Overlay Zone), pursuant to the California Coastal Commission's suggested modifications, ZCA 05-02(A)/LCPA 05-07(A). AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. April 7, 2009 Carlsbad City Council Meeting Page 3 PUBLIC COMMENT: Fred Sandquist, representing Batiquitos Lagoon Foundation, came forward to address Council. Mr. Sandquist spoke regarding Migratory Bird Day. He stated that events will be held at Lagoon Foundation Nature Centers on May 9, 2009 from 8:30 a.m. to 3:00 p.m. Mr. Sandquist also spoke regarding Lagoon Day, July 12, 2009, which celebrates lagoon resources. Mayor Lewis encouraged Mr. Sandquist to apply for a grant from San Diego County Water Authority and Carlsbad Municipal Water District to help fund these events. Regg Antle, representing Carlsbad Lagoon and Wetlands, came forward to address Council. Mr. Antle spoke regarding eco tourism in Carlsbad. Angela O'Hara, representing the Beach Preservation Committee, came forward to address Council. Ms. O'Hara invited Council to attend the Second Annual Carlsbad Beach Fest, hosted by the California State Parks. Ms. O'Hara stated that the event will be held May 2, 2009 from 10:00 a.m. to 2:00 p.m. at Carlsbad Boulevard and Pine Avenue. She stated that the event provides the community with an opportunity to participate in a beach cleanup. Brian Ketterer, representing Californian State Parks, came forward to address Council. Mr. Ketterer spoke in support of the "Hold Onto Your Butts" campaign, aimed at reducing cigarette litter on California Beaches. Mr. Ketterer stated that 26 cigarette collection containers have been placed at local beaches. Darrell Snook, Carlsbad, came forward to address Council. Mr. Snook spoke in opposition to the sale of property located at Carlsbad Village Drive and Victoria Avenue. Walt Meier, Carlsbad, came forward to address Council. Mr. Meier spoke in support of Council assuming the future improvement agreements from Carlsbad property owners affected by a proposed sidewalk improvement project on Magnolia and Valley Street. PUBLIC HEARING: This item was continued from the Council Meeting held March 17, 2009. 7. AB #19.748 - BJ'S RESTAURANT AND BREWHOUSE. Associate Planner Jason Goff gave the staff report and reviewed a PowerPoint Presentation, (on file in the Office of the City Clerk). Mr. Goff stated that a Public Hearing of the Planning Commission was held February 8, 2009 and received no comments from the Public. In response to an inquiry from Council Member Hall, applicant Joan Leguey came forward to address Council. Ms. Leguay stated that the decorative murals in the restaurant will be digitally screened onto fabric. She stated that she has not had problems with the murals fading; however, if that becomes an issue, the murals would be replaced. Mayor Lewis opened the duly noticed Public Hearing at 6:33 p.m. and asked if anyone would like to speak. April 7, 2009 Carlsbad City Council Meeting Page 4 Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:33 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-052. approving a Conditional Use Permit Amendment CUP 07-03(A), and a Coastal Development Permit Amendment CDP 07-07(A), for the development of an 8,376 square foot stand alone restaurant with 1,085 square feet of outdoor dining on property generally located on the west side of Paseo Del Norte, north of an approved retail commercial center, south of Car Country Drive, and east of the Interstate 5 freeway. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Housing and Redevelopment Commission at 6:35 p.m. with five members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Public Financing Authority and reconvened the City Council Meeting at 6:54 p.m. with five Council Members present DEPARTMENTAL AND CITY MANAGER REPORT: 10. AB #19.765-ARTS COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2009-065. re-appointing Cynthia Milsap to the Arts Commission; and, Adopted RESOLUTION NO. 2009-06. re-appointing Alan Lechusza Aquallo to the Arts Commission. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: 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. At Council Member Packard's request, Council concurred to direct staff to return with a report regarding the May 19, 2009 Government and Legislative Ballot Measure, concerning tax increases. April 7, 2009 Carlsbad City Council Meeting Page 5 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of April 7, 2009 was adjourned at 7:00 p.m. _ORRATN£ M. WOOD, CMC City Clerk Morgen Fry Minutes Clerk