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HomeMy WebLinkAbout2011-04-05; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 5, 2011 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Hall called the 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. LEGISLATIVE INVOCATION: Pastor Tom Clements of Carlsbad Christian Assembly gave the legislative invocation. PLEDGE OF ALLEGIANCE: Council Member Packard led the pledge of allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were unanimously approved as presented: Minutes of the Joint Special Meeting held March 8, 2011. Minutes of the Special Meeting held March 15, 2011. Minutes of the Special Meeting held March 22, 2011. Minutes of the Regular Meeting held March 22, 2011. Minutes of the Special Meeting held March 24, 2011. Minutes of the Special Meeting held March 29, 2011. PRESENTATIONS: Council Member Douglas presented a proclamation to Community Volunteer Coordinator Sue Irey in recognition of National Volunteer Week. Mayor Pro Tem Kulchin presented a proclamation to Deputy Library Director Suzanne Smithson in recognition of National Library Week and Carlsbad Reads Together 2011. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through # 5 as follows: AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. April 5, 2011 Carlsbad City Council Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #20,493 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2011-052, authorizing the City Clerk to advertise for bids for the 2011 Concrete Replacement Project No. 6013. 2. AB #20,494 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Council adopted RESOLUTION NO. 2011-053, declaring public nuisances and setting a public hearing for April 26, 2011. 3. AB #20,495 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2011-054, accepting the construction of the College Boulevard Overlay Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6001-10-OL. 4. AB #20,496 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2011-055, accepting the construction of the La Golondrina and El Fuerte Street HDD Sewer Extensions Projects as complete; and, directing the City Clerk to record a Notice of Completion, Project Nos. 3951 and 5500. Resolution No. 2011-055. 5. AB #20,497 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of February 28, 2011. ORDINANCES FOR INTRODUCTION: 6. AB #20,498 - AMEND CARLSBAD MUNICIPAL CODE TO IMPLEMENT VARIOUS RECOMMENDATIONS OF THE DEVELOPMENT REVIEW PROCESS WORKING GROUP. Senior Civil Engineer Glen Van Peski gave the staff report and presented the Power Point presentation (on file in the office of the City Clerk). Following comments from Council Member Douglas, Council concurred to amend the Ordinance to extend the time period for which additional improvement plan review fees may be charged. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-135 as amended by the City Attorney, amending the Carlsbad Municipal Code, Title 11 - Public Property, Title 15 - Grading and Drainage, and Title 20 - Subdivisions, to implement various recommendations identified in the Development Review Process Working Group Summary Recommendations Report, MCA 10-02. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. April 5, 2011 Carlsbad City Council Meeting Page 3 7. AB #20,499 - ESTABLISH STOP CONTROLS ON BEECH AVENUE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-136, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, by the addition of Section 10.28.968, to require stops on Beech Avenue at its intersection with Ocean Street. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 8. AB #20,508 - INTRODUCE AND ADOPT URGENCY ORDINANCE TO ESTABLISH THE CITY AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD. In response to a question from Council Member Packard regarding fiscal impact, Housing and Neighborhood Services Director Debbie Fountain stated that the City receives about $3.5 million per year. Ms. Fountain said that the City could lose all, or a portion of that amount, depending on what is adopted by the State; and that if the oversight board forced the City to sell the assets, it could also lose some of the proceeds of the sale. She noted that the assets total approximately $15 million. City Attorney Ron Ball titled the Ordinances. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced and adopted URGENCY ORDINANCE NO. CS-137. enacting Carlsbad Municipal Code, Title 23, establishing the City as the successor agency to the former Redevelopment Agency of the City of Carlsbad and overruling state law interfering with the municipal affairs of the City of Carlsbad. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-138, enacting Carlsbad Municipal Code, Title 23, establishing the City as the successor agency to the former Redevelopment Agency of the City of Carlsbad and overruling state law interfering with the municipal affairs of the City of Carlsbad. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. April 5, 2011 Carlsbad City Council Meeting Page 4 ORDINANCES FOR ADOPTION: 9. AB #20,500 -AMEND CARLSBAD MUNICIPAL CODE MODIFYING THE DUTIES OF THE ARTS COMMISSION. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted 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. 10. AB #20,501 - REASONABLE ACCOMMODATIONS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-125, amending Title 21 of the Carlsbad Municipal Code, by the addition of Chapter 21.87, to add procedures and regulations to govern requests for reasonable accommodations by people with disabilities in order 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. 11. AB #20,502 - ADOPTION OF 2010 CALIFORNIA BUILDING/FIRE/MECHANICAL/ ELECTRICAL/PLUMBING/UNIFORM SOLAR/RESIDENTIAL/GREEN AND ENERGY CODES. City Attorney Ron Ball titled the Ordinances. ACTION: On one motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-126. amending Title 17, Chapter 17.04 of the Carlsbad Municipal Code to adopt the 2010 edition of the California Fire Code; and ORDINANCE NO. CS-127. amending Title 18, Chapter 18.04 of the Carlsbad Municipal Code to adopt the 2010 edition of the California Building Code; and ORDINANCE NO. CS-128. amending title 18, Chapter 18.08 of the Carlsbad Municipal Code to adopt the 2010 edition of the California Mechanical Code; and ORDINANCE NO. CS-129. amending Title 18, Chapter 18.12 of the Carlsbad Municipal Code to adopt the 2010 edition of the California Electrical Code; and Aprils, 2011 Carlsbad City Council Meeting Page 5 AYES: NOES: ABSENT: PUBLIC COMMENT: ORDINANCE NO. CS-130. amending Title 18, Chapter 18.16 of the Carlsbad Municipal Code to adopt the 2010 edition of the California Plumbing Code; and ORDINANCE NO. CS-131. amending Title 18, Chapter 18.18 of the Carlsbad Municipal Code to adopt the 2009 edition of the Uniform Solar Code; and ORDINANCE NO. CS-132. amending Title 18, Chapter 18.20 of the Carlsbad Municipal Code to adopt the 2010 edition of the California Residential Code; and ORDINANCE NO. CS-133. amending Title 18, Chapter 18.21 of the Carlsbad Municipal Code to adopt the 2010 edition of the California Green Building Standards Code; and ORDINANCE NO. CS-134. amending Title 18, Chapter 18.30 of the Carlsbad Municipal Code to adopt the 2010 edition of the California Energy Code. Hall, Kulchin, Blackburn, Douglas and Packard. None. None. Corporal Rick Galanos, Carlsbad Police Department, came forward to address Council and reported the annual update for the Police Explorer Post program. Explorers Brendan Galanos, Maddison Johnson and Emily Seip addressed Council regarding the activities of its members during the year. PUBLIC HEARINGS: 12. AB #20.503 - 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM. Senior Management Analyst Frank Boensch gave the staff report and presented the Power Point presentation (on file in the office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 7:22 p.m. The following people came forward to address Council, requesting support and thanking the Council for their previous support. Laurin Pause, Community Resource Center, Encinitas Roger Burrows, Meals on Wheels Laura Tivaldi, Interfaith Community Services Dennis Chamberland, North County Community Services Reginald Washington, From the Inside Out, and members of the AWARE Program Debbie Schriber, North County Lifeline Chris Megason, Solutions for Change April 5, 2011 Carlsbad City Council Meeting Page 6 The following people came forward to address Council explaining the purpose of their programs and requesting support - Robert Mine and Nathan Schmidt, Southern California Housing Collaborative Reginald Washington, From the Inside Out, and members of the AWARE Program Tonya Danielly, Ivy Ranch Park Association Don Nally, Fraternity House Incorporated Mayor Hall closed the duly noticed Public Hearing at 7:47 p.m. Council accepted comments and concurred to approve funding allocations at the April 26, 2011 Council meeting, noting that federal funding may not be in place. ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION Mayor Hall adjourned to the Special Meeting of the Housing and Redevelopment Commission at 7:48 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the Council Meeting at 7:58 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #20,504 - SPECIAL EVENT GRANT REQUEST. Management Analyst Courtney Enriquez gave the staff report (on file in the office of the City Clerk). ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-056, approving the Special Events Grant request from Carlsbad Boy Scout Troup 748 for assistance with the facility rental for the 53rd Annual Easter Sunday Pancake Breakfast. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 15. AB #20,505 - BEACH PRESERVATION COMMITTEE APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-057, appointing Gary Duerst to the Beach Preservation Committee; and Council adopted RESOLUTION NO. 2011-058, appointing Matt Rocco to the Beach Preservation Committee; and Council adopted RESOLUTION NO. 2011-059, appointing Jayme Timberlake to the Beach Preservation Committee. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. April 5, 2011 Carlsbad City Council Meeting Page 7 16. AB #20.506 - HISTORIC PRESERVATION COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-060, appointing Murray Levy to the Historic Preservation Commission; and Council adopted RESOLUTION NO. 2011-061, appointing Christopher Garcia to the Historic Preservation Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 17. AB #20.507 - SENIOR COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-062, appointing David Tweedy to the Senior Commission; and Council adopted RESOLUTION NO. 2011-063, appointing Ray Pearson to the Senior Commission. 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. 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, April 7, 2011 -4:30 p.m. New Parks & Recreation Director Reception Carlsbad Senior Center 799 Pine Ave Carlsbad, CA Wednesday, April 13, 2011 -6:00 p.m. Carlsbad City Library's Volunteer Appreciation Celebration Carlsbad Senior Center 799 Pine Ave Carlsbad, CA April 5, 2011 Carlsbad City Council Meeting Page 8 Tuesday, April 19, 2011-11:00 a.m. - 2:00 p.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Ave Carlsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting of April 5, 2011 was adjourned at 8:10 p.m. :ORRV\INE M. WOOD, CMC City Clerk DONNA HERATY Deputy City Clerk