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HomeMy WebLinkAbout2009-09-15; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: SEPTEMBER 15, 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 approved as presented: Minutes from the Special Meeting held August 4, 2009. Minutes from the Regular Meeting held August 4, 2009. Minutes from the Joint Special Meeting held August 4, 2009. Minutes from the Special Meeting held August 11, 2009. Minutes from the Regular Meeting held August 11, 2009. Minutes from the Regular Meeting held August 18, 2009. Minutes from the Joint Special Meetings held August 18, 2009. Minutes from the Special Meeting held August 19,2009. Minutes from the Special Meeting held September 2, 2009. Mayor Pro Tem Kulchin abstained from approving the minutes of the meetings held August 4, 2009 due to her absence from those meetings. LEGISLATIVE INVOCATION: Pastor Jeff Enderle gave the Legislative Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kulchin led the Pledge of Allegiance. PRESENTATIONS: Mayor Lewis invited Public Works/Streets Division employees to come forward. Jim Howell, representing the Maintenance Superintendent's Association, presented a trophy to Nick Roque, Thomas Moore, Karl Kettler, Abe Gil and Ayinde Smith. Mr. Howell stated that the Maintenance Superintendent's Association promotes training and education for public works supervisors and workers throughout San Diego County, and hosts events to test their skills. Mayor Pro Tem Kulchin presented a Proclamation in Recognition of Constitution Week, September 17-23, 2009, to Lesley Clifton, representing the Daughters of the American Revolution, Santa Margarita Chapter. September 15, 2009 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Item Nos. # 1 and # 2 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 #19.954 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of city investments as of July 31, 2009. 2. AB #19.955 -APPROVE THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT. Council adopted RESOLUTION NO. 2009-227. approving the 2008-2009 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program. ORDINANCE FOR INTRODUCTION: 3. AB #19.956 - REGULATING THE CONSUMPTION OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES BY MINORS AT PARTIES. GATHERINGS OR EVENTS. Police Chief Tom Zoll reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). The following individuals spoke in support of the proposed ordinance: Aaron Byzack, representing North Coastal Prevention Coalition, Judi Strang, representing San Dieguito Alliance for Drug-free Youth, Nicole Pappas, President of Carlsbad School Board of Trustees, and Renee Glotzbach. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-053 amending the Carlsbad Municipal Code to add Chapter 8.45 regulating the consumption of alcoholic beverages or controlled substances by minors at parties, gatherings and events and to establish criminal liability for those hosting the events. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None ABSENT: None. September 15, 2009 Carlsbad City Council Meeting Page3 4. AB #19.957 -ADOPTING PROCEDURES TO GRANT AN EMERGENCY COASTAL DEVELOPMENT PERMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-054. amending the Carlsbad Municipal Code Sections 21.201.190(E) and 21.80.170(g) setting forth the procedures for granting an Emergency Coastal Development Permit, amended as follows: "The Planning Director shall report, in writing, to the Coastal Commission through its executive director and to the City Council at its first scheduled meeting after the emergency permit has been issued." AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None ABSENT: None. 5. AB #19.958 - CHANGE THE LIMITS OF LIABILITY INSURANCE REQUIRED FOR TAXICABS AND ADOPT TAXICAB DRIVER PERMIT REQUIREMENTS. City Attorney Ron Ball introduced this item. Council Member Blackburn discussed changing the limits of liability for taxi cab drivers in the City of Carlsbad; and, requiring taxi cab drivers to obtain a Taxi Driver identification card from the San Diego County Sheriffs Department. He explained that taxi drivers must submit to drug and alcohol testing to obtain the identification card. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-228. changing the minimum limits of liability insurance required for taxicabs in the City of Carlsbad to not less than $1 million, combined single limit for bodily injury and property damage; and, Council introduced ORDINANCE NO. CS-055. amending Section 5.20.140 of the Carlsbad Municipal Code, to require applicants for a taxicab driver permit to submit a San Diego County Sheriffs Taxi Driver Identification Card. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None ABSENT: None. ORDINANCE FOR ADOPTION: 6. AB #19.963 -LA COSTA TOWN SQUARE - EIR 01-02. MP-149(R). City Attorney Ron Ball introduced the item and referred to a memo he submitted to the Mayor and City Council (on file in the Office of the City Clerk). September 15, 2009 Carlsbad City Council Meeting City Attorney Ron Ball titled the Ordinance. Page 4 ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-051. approving an amendment to the La Costa Master Plan MP 1490(R), to change the land use and underlying zoning from Local Shopping Center and Office to Residential Medium and Open Space on 9.96 acres of land, reduce the acreage of office use required, redistribute local shopping center, office, residential low-medium land, land open spaces uses and designations to reflect the project design, make associated text changes, and amend building height and sign provisions on land located northerly and easterly of La Costa Avenue and Rancho Santa Fe Road; and, Council adopted RESOLUTION NO. 2009-232. amending Resolution No. 2009-213, certifying an Environmental Impact Report EIR 01-02, adopting the Candidate Findings of Fact, the Statement of Overriding Considerations and the Mitigation and Monitoring and Reporting Program, and approving a General Plan Amendment GPA 01-02, to amend the land use and open space and conservation elements of the General Plan, a Local Facilities Management Plan Amendment LFMP 87-11(C), CT 019-09, CT OS- OS, CT 08-07, Condominium Permit CP 01-03, Non-Residential Planned Development Permit PUD 08-09, Hillside Development Permit HDP 01-05, Site Development Plan SDP 01-04, Variance V 08-02, Conditional Use Permits CP 04-18, CP 08-01 through CP 08-07 for the La Costa Town Square Project. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None ABSENT: None. 7. AB #19.959 - VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS. Council Members Hall and Packard recuesed themselves and stepped down from the dias at 6:35 p.m., stating a potential conflict of interest due to owning property in the Village area. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-052. amending amending Title 21 of the Carlsbad Municipal Code by the amendment of Chapter 21.35 (Village Redevelopment Zone) to acknowledge and accept suggested modifications by the California Coastal Commission for Certification of the amended Village Master Plan and Design Manual. AYES: Lewis, Kulchin and Blackburn. NOES: None ABSENT: Hall and Packard. Council Members Hall and Packard returned to the dias at 6:35 p.m. September 15, 2009 Carlsbad City Council Meeting Page 5 PUBLIC COMMENT: Kerry Siekmann, Carlsbad, came forward to address Council and thanked them for their continued opposition to NRG's proposed power plant. Walt Meier, Carlsbad, came forward to address Council. Mr. Meier expressed opposition to overnight parking restrictions. Mr. Meier also spoke in support of subsidizing water meters for agricultural uses. Mr. Meier requested that the City Traffic Engineers review the traffic light patterns throughout Carlsbad. Josephina DiSalvo, Carlsbad, came forward to address Council. Ms. DiSalvo requested that crosswalks in the Village area be painted with reflective paint to increase pedestrian safety. She also announced Thursdays on the Coast, an arts program, starting September 24, 2009 and invited Council and the public to attend. Renee Glotzbach, San Marcos, came forward to address Council. Ms. Giotzbach spoke in opposition to alcohol consumption in the presence of minors and drunk driving. Becky Moore and Neil Black, representing Carlsbad Library and Arts Foundation, came forward to address Council. Ms. Moore invited the Council and public to attend the Mini Golf for the Library event. She stated the event will be held November 8, 2009 from 10:00 a.m. to 8:00 p.m. at the Dove Library, 1775 Dove Lane, Carlsbad. Ms. Moore also explained that tickets cost $5 for children 12 and under and $10 for children 13 and over. PUBLIC HEARINGS: 8. AB #19.960 - AT&T 7512 CADENCIA. Assistant Planner Shelley Esteybar presented a PowerPoint Presentation (on file in the Office of the City Clerk). Ms. Esteybar referenced an errata sheet from the City Attorney, (on file in the Office of the City Clerk). Jim Kennedy, representing the applicant, was present to assist in answering questions. Mayor Lewis opened the duly noticed Public Hearing at 7:06 p.m. Jason Haines, Carlsbad, came forward to address Council and spoke in opposition to the proposed permit. Mayor Lewis closed the Public Hearing at 7:11 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-229. approving a retroactive ten year extension of Conditional Use Permit No. CUP 00-36, to allow the continued operation of an existing Wireless Communications Facility consisting of a 240 square foot radio base station (RBS) within a 400 square foot garage and a total of six (6) panel antennas within two expanded chimney structures and one faux chimney on property generally located at 7512 Cadencia Street, amended as follows: September 15, 2009 Carlsbad City Council Meeting Paged "Future extensions will be granted by the Planning Commission as required under the Carlsbad Municipal Code and by Condition No. 4 of Planning Commission Resolution No. 6600." AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None ABSENT: None. 9. AB #19.961 - TABATA 10. Associate Planner Corey Funk reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Tyler Lawson, representing the applicant, came forward to address Council. Mayor Lewis opened the duly noticed Public Hearing at 7:19 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:19 p.m. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-230. approving a Mitigated Negative Declaration, Mitigated Monitoring and Reporting Program, a General Plan Amendment GPA 06-04, and a Local Coastal Program Amendment LCPA 06-02; and, Council introduced ORDINANCE NO. CS-056. approving a Zone Change ZC 06-03, for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real. 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 7:21 p.m. RECONVENE TO THE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 8:06 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: Continued from the Council Meeting held August 18, 2009. 13.AB # 19.949 - SANDAG 2050 REGIONAL GROWTH FORECAST. September 15, 2009 Carlsbad City Council Meeting Page? Ed Shafer and Susan Baldwin, representing SANDAG, reviewed a PowerPoint Presentation, (on file in the Office of the City Clerk). Council received the report. 14. AB #19.962 - PARKS AND RECREATION COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2009-231. reappointing Jim Comstock to the Parks and Recreation 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. 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, September 16, 2009 -11:00 a.m. Carlsbad City Council Study Session Faraday Center 1635 Faraday Avenue Carlsbad, California Friday, September 25, 2009 - 3:30 p.m. Carlsbad City Library 10th Anniversary Event 1775 Dove Lane Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of September 15, 2009 was adjourned at 8:45 p.m. M. WOOD, City Clerk' MORGEN FRY Deputy Clerk