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HomeMy WebLinkAbout2010-03-09; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 9, 2010 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, Hall, Packard and Blackburn. Absent: Kulchin. APPROVAL OF MINUTES: On a motion by Council Member Hall, the minutes of the following meetings were unanimously approved as presented. Minutes of the Special Meeting held February 23, 2010. Minutes of the Regular Meeting held February 23, 2010. CONSENT CALENDAR: ACTION: On a motion by Council Member Hall, Council affirmed the action of the Consent Calendar, Items #1 through #3 as follows: AYES: Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Kulchin. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #20.145 -AUTHORIZE OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 2010-041, authorizing out-of-state travel for two staff members to attend the Assetworks User Conference in Phoenix, Arizona, April 11 through 15,2010. 2. AB #20.146 - REFUND OF BUSINESS LICENSE TAX. Council adopted RESOLUTION NO. 2010-142. authorizing a refund of business license tax to La Terraza Associates. March 9, 2010 Carlsbad City Council Meeting Page 2 3. AB #20.147 - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2010-043. continuing the Declaration of Local Emergency to repair/replace roadfill on Carlsbad Boulevard Southbound, northerly and southerly of the Encinas Creek Bridge. ORDINANCE FOR ADOPTION: 4. AB #20.148 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING ENVIRONMENTAL IMPACT REPORT CONTRACTS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. CS-079. amending Title 19, Chapter 19.04 of the Carlsbad Municipal Code to allow the Planning Director to retain an Environmental Impact Report consultant with approval from the City Manager, without City Council approval, when the applicant will be paying the City the cost for the preparation of the EIR; and, approving other minor amendments to clarify procedural requirements for CEQA processing and to relocate references to the Permit Streamlining Act found in the State's Government Code to CMC Chapter 21.54 - Procedures, Hearings, Notices and Fees, specifically 21.54.050 entitled Setting of Hearing. AYES: Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Kulchin. PUBLIC COMMENT: David LaRocque of Carlsbad came forward to address Council. Mr. LaRocque invited the community to attend the BAHA'I New Year's Celebration on March 21, 2010, at the Hilton Garden Inn. Dean Russo of Carlsbad came forward to address Council. Mr. Russo expressed his concern regarding the "no overnight parking" signs recently installed near his home across from Holiday Park. He said this action affected 20-plus parking spaces that are used by residents. Mr. Russo added that City Parks' staff explained that the signs were installed to keep campers and trailers from parking overnight in this location. Mr. Russo said no campers and trailers park overnight at this location and asked Council to review the matter. In response to an inquiry from Mayor Lewis, Mr. Russo stated he did not receive notification from the City regarding the installation of the signs. At the request of Mayor Lewis, Council concurred to have staff review the installation of the "no overnight parking" signs in this area of the Park. March 9, 2010 Carlsbad City Council Meeting Page 3 Rick Galanos of the Carlsbad Police Department, and Coordinator for Carlsbad Police Explorer Post 781, introduced Sgt. Chris Lamacou, and Captain Brendon Galanos. Sgt. Lamacou and Captain Galanos thanked Council for awarding the Post a community activity grant. Both provided a brief description of the Explorer Program. Captain Galanos explained that Post members created a promotional DVD to connect with their peers. In response to an inquiry from Mayor Lewis, City Manager Lisa Hildabrand suggested that Captain Galanos contact Communications Manager Kristina Ray about playing the Post's DVD on Cable Channel 24. Glenn Bernard came forward to address Council. Mr. Bernard spoke about his concern regarding the state of the economy in the United States. Gary Duerst came forward to address Council. Mr. Duerst stated he was concerned about the hold harmless waiver the City volunteers are required to sign. He asked the Council to review the matter. PUBLIC HEARINGS: 5. AB #20.149 - INCORPORATE SEWER BENEFIT AREAS AND REVISE FEES. Deputy City Engineer Bill Plummer gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mayor Lewis opened the duly noticed Public Hearing at 6:36 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:36 p.m. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. CS-077. repealing Section 13.10.090, and amending Section 13.10.080 of the Carlsbad Municipal Code to incorporate Sewer Benefit Areas A through M, and revise the fees for Sewer Benefit Areas A, B, G, H, I and K. AYES: Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Kulchin. 6. AB #20.150 -VACATE STREET RIGHT-OF-WAY. Senior Civil Engineer Glen Van Peski, gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). March 9, 2010 Carlsbad City Council Meeting Page 4 Mayor Lewis opened the duly noticed Public Hearing at 6:41 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:41 p.m. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2010-044. vacating a portion of El Camino Real located between Crestview Drive and Lisa Street. AYES: Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Kulchin. 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 6:42 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 6:43 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. AB #20.153 - DEVELOP RESPONSE TO GOOGLE'S REQUEST FOR INFORMATION. Senior Management Analyst Kerry Jeziseck gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Packard, Transportation Director Skip Hammann said the City has many construction standards in place that include local utilities. He added that Carlsbad participates on regional committees to develop construction standards for Southern California. Ms. Hildabrand added that the City would submit an application to Google and place the information about the proposal on the City's website. 8. AB #20.151 - CITIZEN'S PRESENTATION ON VILLAGE H PROPERTY. Walt Meier of Carlsbad introduced GiGi Orlowski to make a presentation on Village H. Ms. Orlowski gave a PowerPoint presentation on Village H (on file in the Office of the City Clerk). March 9, 2010 Carlsbad City Council Meeting Page 5 Mr. Meier urged the Council to begin proceedings to purchase the land. Diane Nygaard representing Preserve Calavera, came forward to address Council. Ms. Nygaard said that Preserve Calavera would help the City purchase additional open space property. She asked Council to partner with the community for the acquisition of Village H. Ms. Nygaard explained that a pledge drive was initiated to help fund the preservation of this property. She noted information could be found on the preservecalavera.org website. Kristina Ek of Carlsbad came forward to address Council. She introduced the "Have a Heart for Village H" video (not on file). Don Christiansen of Carlsbad came forward to address Council. He requested that Council consider purchasing the property for the citizens of Carlsbad. Community Development Director Gary Barbaric gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mayor Lewis asked what percentage of Village H was designated as open space. Mr. Barbario stated that 94% of the 60-acre parcel was designated as open space and 36 acres on the property's north side was currently being managed as part of the City's Habitat Management Plan (HMP). In response to an inquiry from Council Member Hall, Mr. Barbario said that the Center for Lands Management was monitoring and managing the property under an endowment funded by McMillan properties. Council Member Hall asked Mr. Barbario to explain how the 17 plus acres on the south side of the property could be included in the City's HMP, and who would be responsible for associated costs. Mr. Barbario said that most of the land on the property's south side did not contain sensitive habitat. He added that this portion of the property was zoned for open space, and a community facility. He further explained that to meet the City's HMP standards, non-native plants such as the eucalyptus trees would need to be removed and the area revegetated through a biological mitigation program. Mr. Hall asked if it was the recommendation of the Open Space Committee to acquire the property and include it as part of the City's HMP. Mr. Barbario stated that the Open Space Committee did discuss this topic, but for the City to benefit from additional acreage by adding the property to the HMP, habitat on the south 17 acres would need to created. He said this is an additional cost over the purchase of the land. In response to an inquiry from Council Member Hall, Mr. Barbario said that the Calavera Hills Master Plan designated the 60 acres as open space with public trails, an RV storage site and community facility site. March 9, 2010 Carlsbad City Council Meeting Page 6 Council Member Blackburn asked if volunteers could maintain the south side of the property if the land maintained only the open space designation. Parks Planner Liz Ketabian explained that city volunteers maintain the one-half mile trail on the north side. She added that volunteers installed most of the trail improvements. Ms. Ketabian said if the city acquired the property, volunteers could maintain any existing trail and install trail improvements. In response to an inquiry from Council Member Packard, Mr. Barbario explained that if the south parcel of land were included in the City's HMP, leashed dogs would only be permitted on the trails. Mayor Lewis asked for clarification on the developable portion of the 60-acre parcel. Mr. Barbario clarified that although the entire 60-acre parcel is for sale, only the community facility site of 3.04 acres is developable. In response to an inquiry from Mayor Lewis, City Attorney Ron Ball explained that because the community facility site requires a Council approved Conditional Use Permit, Council would determine if the developer has chosen to use the property appropriately according to the requirements in the citywide community facilities zone. Mr. Barbario said that the Calavera Hills Master Plan has a list of eleven acceptable community facility uses and is more restrictive than City's requirements. Council Member Hall asked if another parcel in the Calavera Hills Master Plan needed to be identified as a community facility if the City acquired the property and removed the community facility designation. Mr. Barbario stated that staffs opinion was yes, and was explained in a memorandum to Council dated February 26, 2010 (on file in the Office in the City Clerk). In response to an inquiry from Council Member Blackburn, City Attorney Ron Ball stated that City Council could redesignate the zoning of the property. Mayor Lewis stated that the City had been asked to consider setting up an assessment district for the purchase of this property. Park Planer Liz Ketabian gave a staff report and PowerPoint presentation (on file in the Office of the City Clerk). Ms. Ketabian, explained that former Parks and Recreation Director Brian Albright contacted the current property owner to develop a joint use agreement that would allow public access on the trails. She said that the City and property owner were still developing the agreement. 9. AB #20.152 -AGRICULTURE CONVERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY COMMITTEE APPOINTMENT. March 9, 2010 Carlsbad City Council Meeting Page 7 ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2010-045. appointing Craig Elliott to the Agriculture Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee. AYES: Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Kulchin. 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: Thursday, March 11, 2010 at 4:00 p.m. Carlsbad High Stadium Ribbon Cutting Ceremony Carlsbad High School 3557 Lancer Way, Carlsbad Saturday, March 13, 2010 at 5:00 p.m. Volunteer Recognition Event Carlsbad Senior Center 799 Pine Avenue, Carlsbad Tuesday, March 16, 2010 at 1:30 p.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue, Carlsbad ADJOURNMENT: By proper motion, the Regular Meeting of March 9, 2010 was adjourned at 8:14 p.m. _/ }LOKRAINE M. WOOD, CMC City Clerk