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HomeMy WebLinkAbout2009-05-12; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: MAY 12, 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 Assistant City Clerk, as follows: Present: Lewis, Kulchin, Hall, and Blackburn. Absent: Packard. PRESENTATIONS: Mayor Lewis presented a Proclamation to Public Works Director Glenn Pruim in recognition of Public Works Week. Council Member Blackburn presented a Proclamation in recognition of CityStuff Program Donations from Gemological Institute of America, Poseidon Resources and Waste Management. Volunteer Coordinator Sue Irey came forward and invited Kathryn Kimmel, representing Gemological Institute of America, Jessica Jones representing Poseidon, and Lori Somers representing Waste Management, to come forward and receive their proclamations. Sister City Committee Member Edna Gibson presented Council with a painting as a gift of friendship from Sister City Futtsu Japan. Council accepted the gift and thanked the Sister City Committee. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items 1 through 8 as follows: AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.797 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-096. accepting a donation from the Gemological Institute of America in support of the CityStuff Program. May 12, 2009 Carlsbad City Council Meeting Page 2 2. AB #19.798 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-097. accepting a donation from Waste Management in support of the CityStuff Program. 3. AB #19.799 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-098. accepting a donation from Poseidon Resources Corporation in support of the CityStuff Program. 4. AB #19.800 - FIRST AMENDMENT IN 2009 TO THE GENERAL PLAN. Council adopted RESOLUTION NO. 2009-099. approving the first amendment in 2009 to the Land Use Element and Open Space and Conservation Element of the General Plan, consisting of the project known as "Seascape," GPA 05-11. 5. AB #19.801 -APPROVE REVISIONS TO THE CITYWIDE RECORDS MANAGEMENT PROGRAM . Council adopted RESOLUTION NO. 2009-100. approving revisions to the Records Management Program for the City of Carlsbad. 6. AB #19.802 - REFUND OF BUSINESS LICENSE TAX. Council adopted RESOLUTION NO. 2009-101. authorizing a refund of business license tax to Grand Pacific Palisades Hotel, L.P. 7. AB #19.803 - 2009-2010 CONSOLIDATION ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Council adopted RESOLUTION NO. 2009-102. approving the submittal of the 2009-2010 Consolidated Action Plan for the Community Development Block Grant Program to the U.S. Department of Housing and Urban Development. 8. AB #19.804 - APPROVE REIMBURSEMENT AGREEMENT AND APPROPRIATE FUNDS. Council adopted RESOLUTION NO. 2009-103. approving the Reimbursement Agreement with the Carlsbad Unified School District for the construction of the Drainage Master Plan Facility BCC; and, authorizing the appropriation of funds. ORDINANCE FOR INTRODUCTION: 9. AB #19.805 - DESIGNATE ANGLE PARKING ON A PORTION OF GRAND AVENUE AND APPROPRIATE FUNDS. Deputy Public Works Director Bob Johnson gave the staff report and reviewed a PowerPoint Presentation, (on file in the office of the City Clerk). Mr. Johnson presented the plans to adjust parking along Grand Avenue from all parallel parking to incorporate some angle parking. He explained that these changes would create an additional 17 parking spaces. He further stated that it is not possible to change all the parking spots along Grand Avenue to angle parking because of raised medians, alleys with inadequate sight distance and existing fire hydrants. In response to an inquiry from Council Member Blackburn, Mr. Johnson explained that in some areas along Grand Avenue, traffic lanes would be reduced from two lanes in each direction to one lane in each direction to accommodate the angle parking. He also stated that additional signage would be in place to alert drivers to the reduction and merging of traffic lanes. May 12, 2009 Carlsbad City Council Meeting Page 3 City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-104. appropriating funds for the cost of striping angle parking on a portion of Grand Avenue; and, Introduced ORDINANCE NO. CS-029. amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the revision of Section 10.40.080 to designate angle parking on a portion of Grand Avenue. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. ORDINANCE FOR ADOPTION: 10.AB #19.806 - REVISION OF THE TRAFFIC IMPACT FEE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-028. amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code revising the Traffic Impact Fee. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. PUBLIC COMMENT: None. PUBLIC HEARING: 11 .AB #19.807 - HIGHLAND JAMES SUBDIVISION. Assistant Planner Dan Halverson gave the report and reviewed a PowerPoint Presentation (on file in the office of the City Clerk). Mr. Halverson stated that the applicant has applied for all of the necessary permits and the project has been approved by the Planning Commission. He also stated that the property currently has split zoning, and needs to be rezoned for consistency. In response to an inquiry from Council Member Hall, Mr. Halverson explained that drainage issues were addressed and resolved during the permit process. Mayor Lewis stated that he had spoken to some neighbors of the property who indicated that they had not received notice of the Public Hearing. In response to an inquiry from Mayor Lewis, Mr. Halverson indicated that due to an oversight, the Early Public Notice sign was not posted at the location until after the Public Hearing of the Planning Commission. He stated that two Early Public Notice May 12, 2009 Carlsbad City Council Meeting Page 4 signs were posted before the Public Hearing of the City Council and three notices for these hearings were mailed to residents within 600 feet of the proposed project. Mr. Halverson also explained that there is no codified policy in place requiring the posting of signs at the project site; however, it is done as a courtesy to residents or neighbors who might be affected by a development. He did note that the mandatory mailing of notices to property owners and occupants had been done correctly. Bob Ladwig, representing the applicant, came forward to address Council. In response to an inquiry from Mayor Lewis, Mr. Ladwig stated that continuing the Public Hearing one week to inform the residents would not be a financial burden for the applicant. Mayor Lewis opened the Public Hearing at 6:40 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin and seconded by Council Member Hall, Council concurred to keep the Public Hearing open and continued the matter to the meeting of May 19, 2009. Council instructed Mr. Halverson to ensure that the property is posted regarding the hearing on May 19, 2009. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. 12.AB #19.808 - GREEN DRAGON COLONIAL VILLAGE. City Attorney Ron Ball noted that the applicant had requested a continuance for one week. By consensus, Council agreed to continue this item to the Meeting of May 19, 2009. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Municipal Water District at 6:45 p.m. with four 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 6:53 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 15.AB #19.809 - PRESENTATION FROM NORTH COUNTY TRANSIT DISTRICT. Matt Tucker, representing North County Transit District (NCTD), reviewed a PowerPoint Presentation (on file in the office of the City Clerk). Mr. Tucker explained the background of public transportation and stated that the transit system business model is a public service similar to libraries and schools. He explained that the operating costs for transit systems in California are largely derived from local sales tax and customer revenue, with capital costs derived from federal, state and local sources. May 12, 2009 Carlsbad City Council Meeting Page 5 Mr. Tucker stated that for fiscal year 2009, NCTD's ridership is projected to be the highest in over ten years; however, for fiscal year 2009 the State significantly reduced transit funding and has eliminated funding at least for the next five years. Mr. Tucker explained that NCTD is conducting financial and performance analysis of its business units and is exploring opportunities to increase and diversify revenues. He also stated that NCTD needs to find long term funding solutions that are reliable and that grow with the cost of doing business. In response to an inquiry from Mayor Lewis, Mr. Tucker stated that at this point NCTD does not anticipate cutting bus routes. He explained that NCTD has to reduce their costs while keeping the schedules and level of service the same. Council accepted the report and thanked Mr. Tucker. 16.AB #19.810 - OPEN SPACE ACQUISITION PROGRAM REPORT. Senior Planner Mike Grim gave the report and reviewed a PowerPoint Presentation, (on file in the office of the City Clerk). Mr. Grim gave an overview of the presentation which included the definition and history of "Open Space" within the City of Carlsbad, the mechanisms used to secure open space, as well as the status of open space acquisition activities within the City and ongoing programs. Mr. Grim stated that Village H was nominated for acquisition and was ranked second by the Proposition C Open Space Advisory Committee. He explained that Council considered the benefits of acquiring Village H, but found that the Master Plan secured 94% of the property as open space and that the public trail would be exacted concurrent with development of the 3.2 acre parcel. For these reasons, Mr. Grim explained, Council concurred to not purchase the Village H property, which was subsequently sold. In response to inquiry from Council Member Blackburn regarding the Quarry Creek property, Mr. Grimm explained that there are two parcels, the eastern section which is currently an active quarry, and the western section that is located next to the Buena Vista Creek Ecological Preserve. He noted that the owner of the property (McMillin) has expressed willingness to sell a portion of the western parcel for open space purposes. In response to inquiry from Mayor Lewis regarding access to the western parcel, Mr. Grimm explained that no trails are planned for this area, as trails in open space areas can cause problems for sensitive habitat. Dawn Sheals, Carlsbad, came forward to address Council. Ms. Sheals spoke in support of purchasing Village H. She requested that the fence be removed and the property be cleared of construction debris. Jasanna Maher, Carlsbad, came forward to address Council. Ms. Maher also spoke in support of purchasing Village H. Fred Sandquist, representing Batiquitos Lagoon Foundation, came forward to address Council. Mr. Sandquist stated that he was a member of the Prop C Advisory Committee and supported the acquisition of the trails and open space. May 12, 2009 Carlsbad City Council Meeting Page 6 Mr. Sandquist stated that sustainability of these areas is also important in order to ensure they are properly maintained. In addition, he suggested that property owners be given additional information regarding mitigation options and requirements since that process is so complex. Jacqueline Bilquest, Carlsbad, came forward to address Council. Ms. Bilquest spoke in support of purchasing Village H. Diane Nygaard, representing Preserve Calavera, came forward to address Council. Ms. Nygaard spoke in support of purchasing open space in Carlsbad, and actively pursuing available properties. Mel Vernon, Escondido, came forward to address Council. Mr. Vernon spoke in support of purchasing accessible land for public use, specifically the Quarry Creek site. In response to Council inquiry, Brian Albright, Parks and Recreation Director noted that staff has been discussing the possibility of temporary possession and maintenance of the trail area, during the development of the project, with the new owners of the Village H property. Also in response to Council inquiry, Mr. Grimm estimated that approvals for the proposed project would take six to nine months. In addition, staff responded that they had no information that the new owner of Village H is interested in selling the property. Council Members Hall and Blackburn stated that they would like staff to provide more information about the Quarry Creek property. By consensus, Council accepted the report. 17.AB #19.811 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2009-106. appointing Nancy Nayudu to the Carlsbad Tourism Business Improvement District Board. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. 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. May 12, 2009 Carlsbad City Council Meeting Page 7 ANNOUNCEMENTS: Karen Kundtz, Assistant City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Friday, May 15, 2009 - 5:30 p.m. Library Hourly Employee Recognition Party Carlsbad Senior Center 799 Pine Avenue Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of May 12, 2009 was adjourned at 8:04 p.m. , CMC Assistant City Clerk Morgen Fry Minutes Clerk