HomeMy WebLinkAbout2011-03-22; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: March 22, 2010
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Hall called the Regular Meeting to order at 6:00 p.m.
ROLL CALL: was taken by the City Clerk as follows:
Present: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were approved
as presented:
Minutes of the Special Meeting held March 8, 2011.
Minutes of the Regular Meeting held March 8, 2011.
PRESENTATIONS:
Mayor Hall presented a proclamation recognizing Lancer Dancers' National Championship.
Council Member Packard presented a proclamation in recognition of Good Samaritans, Jeff Van
Slyke and Matt Cooley.
CONSENT CALENDAR:
Item No. 2 was pulled for discussion.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the
Consent Calendar, Items #1, #3, #4, and #5 as follows:
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
1. AB #20,481 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2011-043, accepting a donation from Mrs. Teresa
M. Cannon for the William D. Cannon Art Gallery's Three-Part-Art education program.
March 22, 2011 Carlsbad City Council Meeting Page 2
3. AB #20.483 - AMENDMENT TO CTIY COUNCIL RESOLUTION NO. 2007-303.
Council adopted RESOLUTION NO. 2011-045. amending City Council Resolution No.
2007-303, Paragraph No. 5, to except certification of the Program Environmental Impact
Report, EIR 05-05, approving the Candidate Findings of Fact, Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program.
4. AB #20.484 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2011-046. accepting the construction of the 2010
Pavement Overlay Project as complete; and, directing the City Clerk to record a Notice
of Completion, Project No. 6001-10-OL2.
5. AB #20.485 - APPROVE TEMPORARY EMPLOYMENT AGENCY AGREEMENTS.
Council adopted RESOLUTION NO. 2011-047, approving the agreements with
Manpower Temporary Services, AppleOne Employment Services, Sedona Staffing
Services and TEG Staffing Services for the retention of temporary employment agency
services.
DISCUSSION OF CONSENT CALENDAR ITEMS:
2. AB #20.482 -ANNUAL HOUSING ELEMENT PROGRESS REPORT.
Corey Funk, Planning Department, presented the Power Point presentation, on file in the office
of the City Clerk.
Following questions from Council Member Douglas, Mr. Funk advised that currently 602 families
are benefitting from Section 8 funding.
Housing and Neighborhood Services Director Debbie Fountain advised that any possible cuts to
State and Federal funding are unknown at this time. She also stated that only two homeowners
received the Minor Home Repair Program loan in 2010.
ACTION: On a motion by Council Member Douglas, Council approved
RESOLUTION NO. 2011-044. accepting the Annual Housing
Element Progress Report for January 2010 through December
2010.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
March 22,2011 Carlsbad City Council Meeting Page 3
ORDINANCES FOR INTRODUCTION:
6. AB #20.486 - ADMINISTRATION OF REFUNDS AND ADJUSTMENTS.
City Attorney Ron Ball explained the Ordinance. He stated that it was previously before the
Council for introduction but was returned to the City Attorney for redrafting and explained the
changes that have been made. Finance Director Chuck McBride addressed Council and
explained the re-drafting of a second alternative which was presented to Council.
ACTION: On a minute motion by Mayor Hall, Council returned the item to
the City Attorney.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
7. AB #20.487 -AMEND CARLSBAD MUNICIPAL CODE MODIFYING THE DUTIES
OF THE ARTS COMMISSION.
Arts Commission Chairman Heath Fox addressed Council in favor of the Ordinance and
explained why a number of the items needed to be updated.
City Attorney Ron Ball titled the Ordinance for introduction.
ACTION: On a minute motion by Mayor Pro Tern Kulchin, Council
introduced ORDINANCE NO. CS-124. amending Title 2, Chapter
2.18 of the Carlsbad Municipal Code related to the duties of the
Arts Commission.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ORDINANCE FOR ADOPTION:
8. AB #20.488 - PROHIBIT PARKING OF OVERSIZED VEHICLES ON A PORTION
OF CARLSBAD BOULEVARD.
City Attorney Ron Ball titled the Ordinance for adoption.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-120. amending Title 10, Section 10.40 of
the Carlsbad Municipal Code to prohibit parking of oversized
vehicles on a portion of Carlsbad Boulevard.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
March 22, 2011 Carlsbad City Council Meeting Page 4
PUBLIC COMMENT:
Erica Johnson, Sullivan Solar Power, came forward to address Council and explained solar
rebates and other programs, and their vision for Carlsbad.
Gary Nessim, Carlsbad, came forward to address Council and invite them to Thursday's on the
Coast grand opening on March 24, 2011, 5.30 p.m. to 8.30 p.m.
PUBLIC HEARINGS:
9. AB #20.489 - REASONABLE ACCOMMODATIONS.
Senior Planner Scott Donnell presented the Power Point presentation, on file in the office of the
City Clerk.
Mayor Hall opened the public hearing at 7.08 p.m.
Sue Garcia, Carlsbad, came forward to address Council and asked who determines a special
need.
Mr. Donnell responded that determination of a special need requires a third party professional or
medical opinion, and that State and Federal law definitions of disability apply.
City Attorney Ron Ball titled the Ordinance for introduction.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-125. approving a Zone Code Amendment
(ZCA 10-06), to add and enact Chapter 21.87 - Reasonable
Accommodation of the Zoning Ordinance creating procedures and
regulations governing requests for reasonable accommodations
by people with disabilities to ensure consistency with the federal
Fair Housing Amendments Act of 1988 and California's Fair
Employment and Housing Act.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council approved
RESOLUTION NO. 2011-048. approving a Local Coastal Program
Amendment to add and enact Chapter 21.87 - Reasonable
Accommodation of the Zoning Ordinance. (LCPA 10-05).
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
March 22, 2011 Carlsbad City Council Meeting
10. AB #20.490-ADOPTION OF 2010 CALIFORNIA BUILDING/FIRE/MECHANICAL/
ELECTRICAL/PLUMBING/UNIFORM SOLAR/RESIDENTIAL/GREEN AND
ENERGY CODES.
Fire Division Chief Chris Heiser and Building and Code Enforcement Manager Will Foss
presented the Power Point presentation, on file in the office of the City Clerk.
Seeing no-one wished to speak, Mayor Hall closed the public hearing at 7:29 p.m.
City Attorney Ron Ball titled the Ordinances for introduction.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCES NO. CS-126. CS-127. CS-128. CS-129. CS-130. CS-131.
CS-132. CS-133 and CS-134. amending the following titles and chapters
of the Carlsbad Municipal Code: Title 17, Chapter 17.04, Fire Prevention
Code; Title 18, Chapter 18.04, Building Code; Chapter 18.08, Mechanical
Code; Chapter 18.12, Electrical Code; Chapter 18.16, Plumbing Code;
Chapter 18.18, Solar Energy Code; Chapter 18.20, Residential Code;
Chapter 18.21, Green Building Standards Code; and Chapter 18.30,
Energy Code.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER
DISTRICT
Mayor Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District at
7:32 p.m. with five members present.
RECONVENE CITY COUNCIL MEETING
Mayor Hall reconvened the City Council Meeting at 7.33 p.m. with five members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #20.491 - APPROVE AMENDMENT TO AGREEMENT AND INTERIM TRAFFIC
SAFETY IMPROVEMENTS FOR LA COSTA ROAD.
Senior Civil Engineer Doug Bilse presented the Power Point presentation, on file in the office of
the City Clerk.
Pat Noyes, consultant to KOA Corporation, assisted Mr. Bilse with the presentation.
The following people addressed Council in favor of safety improvements for La Costa Avenue -
Phil Jones, Carlsbad
Christine Davis, Carlsbad
Glenn Bechthold, Carlsbad
March 22, 2011 Carlsbad City Council Meeting Page 6
Council discussed the appropriation of funds and timing for the La Costa Avenue arterial road
calming project.
Transportation Director Skip Hammann was present to answer questions from Council.
Mayor Pro Tem Kulchin and Council Member Douglas were in favor of road striping, but had
concerns regarding the cost and timing of the project.
ACTION: On a motion by Council Member Blackburn, Council approved
RESOLUTION 2011-049, approving an amendment and extension to the
existing KOA Corporation agreement to prepare the La Costa Avenue
Road Diet/Arterial Road Traffic Calming Program, Project No. 6038.
AYES: Hall, Blackburn, and Packard.
NOES: Kulchin and Douglas.
ABSENT: None.
ACTION: On a motion by Council Member Packard, Council approved
RESOLUTION 2011-050. approving the interim traffic safety
improvements on La Costa Avenue between El Camino Real and Rancho
Santa Fe Road.
AYES: Hall, Blackburn and Packard.
NOES: Kulchin and Douglas.
ABSENT: None.
14. AB #20.492 - FORMATION OF A SUB-COMMITTEE FOR THE PURPOSE OF
ASSISTING COUNCIL TO SPUR LOCAL INVESTMENT AND FOOT TRAFFIC IN THE
VILLAGE OF CARLSBAD.
Assistant City Manager John Coates made the presentation, on file in the office of the City
Clerk.
ACTION: On a motion by Mayor Hall, Council approved RESOLUTION 2011-051.
forming a sub-committee to make proposals and recommendations to
create programs, policies or other financing mechanisms that may spur
local investment and foot traffic in the Village of Carlsbad; and, approving
the appointment of Mayor Pro Tem Kulchin (Chair) and Council Member
Douglas to the sub-committee.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
COUNCIL REPORTS AND COMMENTS:
Mayor Hall 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.
March 22, 2011 Carlsbad City Council Meeting Page 7
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS:
Mayor Hall announced that Council Members have been invited to attend, and may be
participating in the following events:
Thursday, March 24, 2011 -4:00 p.m.
Hospice of the North Coast Ribbon Cutting/Open House
2525 Pio Pico Drive
Carlsbad, CA
Thursday, March 24, 2011 - 5:00 p.m.
Carlsbad Citizens' Academy
1200 Carlsbad Village Drive
Carlsbad, CA
Tuesday, March 29, 2011 - 10:00 a.m. - 1:00 p.m.
Carlsbad City Council Study Session
Faraday Administration Center
1635 Faraday Avenue
Carlsbad, CA
Tuesday, March 29, 2011 - 5:30 p.m.
Carlsbad Charitable Foundation Spring Social
Carlsbad Studios
2768 Loker Avenue West
Carlsbad, CA
Thursday, March 31, 2011 - 8:30 a.m.
Star Wars Miniland VIP Celebration
Legoland California Resort
One Legoland Drive
Carlsbad, CA
Thursday, March 31, 2011 -7:00 p.m.
Crystal Apple Awards
1981 Chestnut Avenue
Church of Jesus Christ Latter-day Saints
Carlsbad, CA
ADJOURNMENT:
By proper motion, Mayor Hall adjourned the Regular Meeting of March 22, 2011, at 8:57 p.m.
LORRAINE M. WOOD
City Clerk
DONNA HERATY
Deputy City Clerk.