HomeMy WebLinkAbout2009-07-28; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: July 28, 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, Packard and Blackburn.
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were
unanimously approved as presented.
Minutes of the Special Meeting held July 14, 2009.
Minutes of the Regular Meeting held July 14, 2009.
Minutes of the Special Meeting held July 15, 2009.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Items #1 through #3 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
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 #19.916 - APPROVE AMENDMENT TO AGREEMENT.
Council adopted RESOLUTION NO. 209-197. approving Amendment No. 5 to
the agreement with RBF Consulting for engineering services for Poinsettia
Community Park Phase I IB (Parking Lots), Project No. 4504.
2. AB #19.913-SEWER EASEMENT VACATION.
Council adopted RESOLUTION NO. 2009-196. summarily vacating a sewer
easement over Lot 75 of the Carlsbad Research Center, CT 85-24, Unit No. 4,
PR 09-25.
July 28, 2009 Carlsbad City Council Meeting Page 2
3. AB #19.918 - GRANT APPEAL OF PARKING RESTRICTION AT NIGHT ON
PASEQ DESCANSO.
Council adopted RESOLUTION NO. 2009-200. granting the appeal, refunding
the appeal fees and directing the City Attorney to prepare an Ordinance
restricting parking at night on Paseo Descanso.
ORDINANCE FOR ADOPTION:
4. AB #19.914 -AMEND CARLSBAD MUNICIPAL CODE REGARDING VACANCIES
OF ELECTED OFFICIALS.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council
adopted ORDINANCE NO. CS-044. amending
Sections 2.04.030 and 2.06.080 of the Carlsbad
Municipal Code changing the thirty (30) days allotted
to fill an elected official's vacancy or call for a special
election to sixty (60) days and changing the title of
section 2.04.030
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Josephina DiSalvo, representing the Carlsbad Village Association came forward to
address Council. Ms. DiSalvo announced the Association's event "Thursdays on the
Coast," music venues and an art walk taking place in various establishments throughout
the Village from 5 pm to 9 pm on the last Thursday of the month during the summer.
At the request of Council Member Hall, Ms. DiSalvo provided the following phone
numbers and email address for anyone wishing further information.
Josephina DeSalvo - 818-648-2335/email: JosephinaD@mac.co or the Carlsbad
Village Association - 760-434-2553.
PUBLIC HEARING:
5. AB #19.915 - BUILDING HEIGHT ZONE CODE AMENDMENT.
Associate Planner Corey Funk gave the staff report and PowerPoint Presentation (on
file in the Office of the City Clerk).
Mr. Funk provided an overview of the changes, noting that the revisions do not affect
the height limits, but clarify how height measurements are taken. He also explained the
July 28, 2009 Carlsbad City Council Meeting Page 3
exemption for underground parking structures, and the changes to how measurements
are taken for the parking structures.
Council Member Hall asked how the change in measuring the height of a building might
affect the area west of Ocean Street along the bluff, and if an existing building that was
constructed along the face of the bluff was removed, could a new structure be built at
the same height, using the same grade elevations.
Mr. Funk replied that the bluff might affect the height allowed, noting that under the
proposed standards, a setback could possibly be required.
Mr. Funk also explained the that the purpose of the discretionary permits is to ensure
that consideration is given to compatibility with a site's existing and neighboring
topography and the compatibility of neighboring grades.
Mayor Lewis opened the duly noticed Public Hearing at 6:15 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:15 p.m.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. CS-044. and adopted RESOLUTION NO.
2009-198. approving a Zone Code Amendment ZCA 08-01,
and Local Coastal Program Amendment LCPA 08-02, to
amend the "Building Height" definition and other related
amendments to the Carlsbad Municipal Code, Chapter
21.04 - Definitions of the City of Carlsbad Zoning
Ordinance.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Special Meeting of the Municipal Water District at 6:18
p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Municipal Water District and
reconvened the City Council Meeting at 6:19 p.m. with five Council Members present.
July 28, 2009 Carlsbad City Council Meeting Page 4
DEPARTMENTAL AND CITY MANAGER REPORTS:
6. AB #19.917-AGRICULTURAL CONVERSION MITIGATION FEE AD HOC
CITIZENS ADVISORY COMMITTEE RECOMMENDATIONS.
Associate Planner Kevin Pointer gave the staff report and PowerPoint Presentation (on
file in the Office of the City Clerk).
Mr. Pointer reviewed the existing list of Committee Members. He informed Council that
Committee Member Irv Roston stated he did not wish to be reappointed to the
Committee, and that an agenda item to fill the vacancy left would be brought back to
Council at a future meeting.
ACTION:
AYES:
NOES:
ABSENT:
On a motion by Mayor Lewis, Council
adopted RESOLUTION NO. 2009-199. approving the
allocation of grant funds from the Agricultural
Conversion Mitigation Fee Fund based on
recommendations of the Agricultural Conversion
Mitigation Fee Committee; renewing the Committee's
term for an additional four years; reappointing
members to the Committee for four year terms; and,
appropriating an operating budget from the Agricultural
Conversion Mitigation Fee Fund for each year of the
Committee's term.
Lewis, Kulchin, Hall, Packard and Blackburn.
None.
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: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of July 28, 2009 was adjourned at 6:29 p.m.
<t)NDTgjCMC
Assistant City Clerk
Sherry Freisinger
Deputy Clerk