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HomeMy WebLinkAbout2012-10-23; City Council; Minutes (2)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 23, 2012 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 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: Hall, Kulchin, Blackburn, Douglas and Packard. Absent: None PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kulchin led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were approved as presented: Minutes ofthe Special Meeting held September 13, 2012. Minutes of the Special Meeting held September 18, 2012. Minutes ofthe Special Meeting held September 25, 2012. Minutes ofthe Joint Special Meeting held September 25, 2012. Minutes ofthe Regular Meeting held September 25, 2012. Minutes of the Special Meeting held October 2, 2012. Minutes of the Joint Special Meeting held October 2, 2012. Minutes of the Regular Meeting held October 2, 2012. PRESENTATIONS: Presentation of proclamation in recognition of Red Ribbon Week. Mayor Pro Tem Kulchin presented a proclamation recognizing Red Ribbon Week to Rosemary Eshelman, Carisbad Unified School District Student Services Specialist and Kellie Moors, Carisbad Unified School District Board President. Presentation of proclamation in recognition of the Carisbad Winter Music Celebration. Mayor Hall presented a proclamation recognizing the Carisbad Winter Music Celebration (December 16, 2012 through June 23, 2013) to Diane Salisbury from the La Jolla Symphony Chorus, Nancy Laturno Bojanich of Mainly Mozart and Caroline Grant of the Museum of Making Music. Presentation of proclamation in recognition of National Hospice Month. Council Member Douglas presented a proclamation recognizing the month of November 2012 as National Hospice and Palliative Care Month to Nerice Kaufman, Executive Director of Hospice of the North Coast. October 23, 2012 Carisbad City Council Meeting Page 2 PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Mayor Hall announced that Council met at 4:15 on October 23, 2012, to discuss: 1) Employer- employee relations regarding employees represented by CCEA. He stated that City Council directed the City Attorney in what it felt was in the best interest of the citizens of Carisbad. 2) The evaluation of the City Manager. He stated that a separation agreement had been reached between the Manager and the City and a press release regarding that action would be on file in the Office of the City Cleric. 3) The evaluation of the City Attorney. Mayor Hall stated that no final action was taken on this item. CONSENT CALENDAR: Mayor Hall announced that Item No. 2 would be continued to the November 6, 2012 Council meeting. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of Consent Calendar Item #1 as follows: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #21.027 -AUTHORIZTION TO APPLY FOR FEDERAL GRANT FUNDS Council adopted RESOLUTION NO, 2012-234. authorizing the City Manager or designee to apply for federal grant funds for State Homeland Security Grant Program to enhance emergency preparedness. 2. AB #212.028 - APPROVAL OF A RESIDUAL RECEIPTS LOAN. Council concun-ed to continue this item to the November 6, 2012 Council meeting at the request of the applicant. ORDINANCE FOR ADOPTION: 3. AB #21.029 - AMEND MUNICIPAL CODE - MCA 12-02. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-192. approving various amendments to the Carisbad Municipal Code, Title 20 - Decision Making, to improve the City's development review process. AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. PUBLIC COMMENT: Gloria Kahepa representing FanFaire Foundation, invited the public to a music benefit and CD release concert/reception entitled "Kids Playing For Kids" on November 9, 2012, 6:00 p.m., at the Carisbad Women's Club, 3320 Monroe Street, Carisbad. Event is free. A $10 donation is requested to receive a CD. October 23, 2012 Carisbad City Council Meeting Page 3 PUBLIC HEARINGS: 4. AB # 21.030 - CARLSBAD RESEARCH CENTER SPECIFIC PLAN - SP 180(H) Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 6:48 p.m. Colleen Blackmore representing the Carisbad Research Center Owners Association stated that the Association worked very closely with staff to develop a quality document that met the requirements of the city and the owners association in order to maintain property values going forward. Mayor Hall closed the Public Hearing at 6:49 p.m. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-193. approving an amendment to the Carisbad Research Center Specific Plan (SP 180(H)) dated August 30, 2012, on 599 acres of land located westeriy of El Camino Real and bisected by both College Boulevard and Faraday Avenue. AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. Item #5 ivas continued from the October 2. 2012 Citv Council Meeting. 5. AB # 21.022 - GUNTHER'S RETAIL - CUP 12-02. Senior Planner Chris DeCerbo gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Council Member Douglas stated she would like additions to Condition No. 12 of the permit to state there is no physical showroom or showroom hours available. Ms. Douglas further indicated she would also like the application reviewed for renewal in three years instead of five years. Applicant Lisa Gunther stated that reviewing the renewal of the application in five years was a more realistic timeline from a business standpoint taking into consideration working with merchants supplying the firearm materials. She said it would take at least two years to turn a profit. Ms. Gunther also explained that the purpose of the retail space was to provide a segregated space for the retail sale of the guns and filling out paperwori<. Customers would not be pemiitted to pick up their merchandise from the warehouse. She further added that the vendors supplying the guns require photographs of the retail space. Attorney Sue Loftin, representing Ms. Gunther, requested that all materials received from the previous two Council hearings be incorporated into this hearing. She informed Council that the timeline on this is critical and reiterated the statements of Ms. Gunther, adding that a five-year renewal period makes the business viable. Ms. Loftin stated that Gunther Guns and Gunther Gifts would remain two separate businesses. Council Member Douglas requested clarification on how the guns would be purchased and retrieved by customers. October 23, 2012 Carisbad City Council Meeting Page 4 Ms. Loftin replied that in order to purchase a gun a customer would have to come to the retail store, fill out the required papenA^ork for a background check and once approved, make an appointment to pick up the merchandise. She added that her client did intend to install ultra-secure cabinets that will be locked. Ms. Gunther added that if a customer requested to see additional guns while picking up their merchandise, the secure cabinets will provide the customer with that opportunity. Discussion ensued on the look and type of security cabinet the applicant intended to install and how the retail space would function and look. At the request of Council Member Douglas, City Attomey Ron Ball explained that If the Council chose to grant the appeal, the sales should be restricted because the primary purpose is not to cater to the general public but that commercial uses should cater to ancillary industrial use. He added that the City's General Plan requires that the subject of a Conditional Use Permit be cleariy oriented to support industrial development and its population in the industrial development zone. Mr. Ball clarified for Council Member Douglas that the Conditional Use Pemiit should be granted if it would support an industrial use within the industrial zone. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-202. denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 12-02, to allow for 965 Square foot retail use within an existing office/warehouse business within the Planned Industrial Zone on property located at 2717 Loker Ave West Suite B. AYES: Council Members Hall, Kulchin and Packard. NOES: Council Members Blackburn, Douglas. ADJOURMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD Mayor Hall adjourned to the Special Meeting of the Carisbad Municipal Water District Board at 7:23 p.m. with five Council Members present. RECONVENE: Mayor Hall reconvened the City Council meeting with five Council Members present at 7:24 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. AB #21.031 - DECLARATION OF LOCAL EMERGENCY. Deputy City Engineer Bill Plummer and Utilities Director Glenn Pmim gave the staff report and PowerPoint presentation (on file in the Office of the City Cleric). Council Member Blackburn asked if any habitat or wildlife was harmed during this emergency. Mr. Pruim responded that only vegetation was damaged and the damage will be mitigated by the city. In response to an inquiry from Council Member Blackburn, Mr. Plummer stated that it was not known if the city would be fined for this sewage spill by regulating agencies. October 23, 2012 Carisbad City Council Meeting Page 5 ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced RESOLUTUION NO. 2012-236. ratifying the City Manager's proclamation of declaration of Local Emergency on October 7, 2012 for repair of a sewer line at the North Lagoon Sewer Lift Station; and to consider accepting a report on the issuance of an emergency Coastal Development Permit (CDP 12-22) by the City Planner. AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. Mayor Hall and Council Member Packard recused themselves from the meeting due to a potential conflict of interest and left the dias at 7:40 p.m. Item #8 was continued from Citv Council Meeting of October 2. 2012. 8. AB #21.025 - UPDATE ON VILLAGE REVITALIZATION PARTNERSHIP. Assistant City Manager John Coates introduced Steve Gibson and Ashley Weston from Urban Place Consulting Group who provided Council with a PowerPoint presentation on the work accomplished during the past six months as well as tasks planned for the next six months (on file in the Office ofthe City Clerk). TJ Childs, Carisbad, came forth to address her concerns regarding the lack of lighting, lack of crosswalks and poor signage on Madison Street to Carisbad Village Drive. She requested that any property improvement grant opportunities available to homeowners who live in the Village be placed on the Village website. Cyndy Vine, whose State Street business is located south of Carisbad Village Drive, requested that the trees near the city's public parking lot on State Street south of Carisbad Village Drive, be lit like the other trees located on State Street north of Carisbad Village Drive. She also stated she would like to see better paridng signage. Mayor Hall and Council Member Packard retumed to the dias at 8:49 p.m. 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 ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following event: Thursday, October 25, 2012 - 5:30 p.m. City of Carisbad Citizens Academy Graduation City Council Chambers 1200 Carisbad Village Drive, Carlsbad ADJOURNMENT: By proper motion, the Regular Meeting of October 23, 2012 was adjourned at 8:49 p.m. LORRAFNE M. WOOD, CMC City Clerk