Loading...
HomeMy WebLinkAbout2010-04-27; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 27, 2010 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Pro Tern Kulchin called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Kulchin, Hall, Packard and Blackburn. Absent: Lewis. APPROVAL OF MINUTES: Council Member Hall abstained from approving the minutes of the April 6, 2010 Council meetings due to his absence at those meetings. On a motion by Council Member Hall, the minutes of the following meetings were approved as presented. Minutes of the Special Meeting held March 16, 2010. Minutes of the Special Meeting held April 6, 2010. Minutes of the Regular Meeting held April 6, 2010. Minutes of the Regular Meeting held April 13, 2010. Minutes of the Special Meeting held April 15, 2010. PRESENTATIONS: Council Member Packard presented a proclamation recognizing Respect for Law Week to Kevin Radcliff, representing the Carlsbad Optimist Club. Council Member Blackburn presented a proclamation to Carlsbad Police Captains Bill Rowland and Neil Gallucci recognizing Law Enforcement Memorial Day. At the request of Mayor Pro Tern Kulchin, Council concurred to hear Item No. 23 at this time. Council Member Hall stepped down from the dais at 6:08 p.m., citing a potential conflict of interest, owning property near the subject area. 23. AB #20.217 - PRESENTATION FROM CARLSBAD VILLAGE ASSOCIATION. Robin Young, Executive Director of the Carlsbad Village Business Association, gave a PowerPoint presentation (on file in the Office of the City Clerk), regarding a proposed Museum of Skateboarding, Action Arts Center with an attached skate park for the 405 Oak Avenue site. April 27, 2010 Carlsbad City Council Meeting Page 2 Mike Mclntyre, President of Action Sports Development and landscape architect, came forward and continued the PowerPoint presentation. Ms. Young submitted a petition to the City with over 2,000 signatures in support of the proposed skate park/cultural site (on file in the Office of the City Clerk). In response to an inquiry from Council Member Packard, Ms. Young stated she was aware that it could take up to three years for the City to vacate the property. Council Member Blackburn asked Ms. Young to explain the support for the proposed project from merchants in the Village. Ms. Young replied that not every merchant supports the project, but those that do, believe that less traffic will be generated downtown because the project would be located in a secluded area and accessible via bus and rail trail. Council Member Blackburn asked about incorporating other sports in the proposed project. Ms. Young stated that proponents of the project were focusing on skateboarding, but would be open to creating a co-marketing program with the Surf Museum in Oceanside and the Snowboarding Museum being built in Colorado. The following citizens came forward to express their support for the proposed Skate Board Museum project: Mike Broeker Jon Wantz Dylan Howes Justin Jachura Desiree Asnrga Oliver Flores Dave Castillo Jay Corrales, President of the Carlsbad Village Association, spoke in support of the project. He also read supporting comments from Carlsbad business owners and residents Ophie Escobedo and Connie Trejo. City Manager Lisa Hildabrand stated Debbie Fountain, Housing and Neighborhood Services Director, would be contacting citizens regarding the project and would work with the community as the City begins to develop plans for the area. Council Member Hall returned to the dias 6:46 p.m. April 27, 2010 Carlsbad City Council Meeting Page 3 CONSENT CALENDAR: Item No. 2 was pulled for discussion. ACTION: On a motion by Council Member Hall, Council affirmed the action of the Consent Calendar, Item #1 and Items #3 through #10 as follows: AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #20.199 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2010-085. accepting a donation from Motion Events to the Carlsbad City Library literacy program; and, authorizing the appropriation of donated funds. 2. AB #20.200 - ACCEPTANCE OF IN-KIND DONATION . This item was pulled for discussion. 3. AB #20.201 -APPROVE GRANT REQUESTS. Council adopted RESOLUTION NO. 2010-087. approving three grant requests from the Carltas Company to provide aid to the flower growing operations of the Flower Fields at Carlsbad Ranch; and, authorizing the appropriation of grant funds. 4. AB #20.202 - APPROVE AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2010-088. approving Amendment No. 1 to the agreement with Harris and Associates Inc. to provide engineering and design services for the Corrugated Metal Replacement Pipe Program, Project No. 6607. 5. AB #20.203 - APPROVE AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2010-089. approving Amendment No. 9 to the agreement with Dudek for construction phase environmental services for the Rancho Santa Fe Road Wetlands Mitigation Project. 6. AB #20.204 - APPROVE RATIFICATION OF AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2010-090. approving the ratification of Amendment No. 3 to the agreement with Brown and Caldwell, Inc. to provide engineering and design services for the Buena Vista Lift Station Forcemain, Project No. 5508 (VC4). 7. AB #20.205 -ACCEPTANCE OF FEDERAL GRANT FUNDS. April 27, 2010 Carlsbad City Council Meeting Page 4 Council adopted RESOLUTION NO. 2010-091. accepting Federal Grant Funds through the Urban Area Security Initiative Grant Program for domestic disaster preparedness for incidents of terrorism. 8. AB #20.206 - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2010-092. continuing the Declaration of Local Emergency for repair and stabilization of a road fill failure along the number two lane of Carlsbad Boulevard Southbound, southerly of the Encinas Creek Bridge; and, appropriating additional funds, Project No. 6032. 9. AB #20.207 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2010-093. accepting the construction of the 2009 Pavement Overlay as complete, and directing the City Clerk to record the Notice of Completion, Project No 6001-09OL. 10. AB #20.208 - ACCEPTANCE OF CONSERVATION EASEMENT. Council adopted RESOLUTION NO. 2010-094. accepting a conservation easement for property located on the Southeast corner of Palomar Airport Road and Aviara Parkway in Local Facilities Management Zone 5, SDP 03-01. DISCUSSION OF CONSENT CALENDAR ITEMS: 2. AB #20.200 -ACCEPTANCE OF IN-KIND DONATION . Recreation Area Manager Kevin Granse made the presentation to Council. Mr. Granse said the donation of an ermine coat from Jamie Kallweit would be used for educational purposes with schools and at Leo Carrillo Ranch. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2010-086. accepting an in-kind donation from Jamie Kallweit in support of Leo Carrillo Ranch. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. ORDINANCE FOR INTRODUCTION: 11. AB #20.179 -AMEND CARLSBAD MUNICIPAL CODE REGARDING QUALIFICATIONS FOR CITY TREASURER. This item was continued to the May 11, 2010 Council Meeting. April 27, 2010 Carlsbad City Council Meeting Page 5 ORDINANCES FOR ADOPTION: 12. AB #20.209 - ESTABLISHMENT OF A PAY FIRST LITIGATE LATER RULE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. CS-081, amending the Carlsbad Municipal Code, Section 3.12.120, establishing a pay first litigate later rule in order to protect tax and fee revenue. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. 13. 20.210 -AMEND TITLES 15. 18 AND 20 OF THE CARLSBAD MUNICIPAL CODE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NOS. CS-0884. CS-085. CS-086. CS-087 and CS-088. amending Title 15, Chapter 15.08; Title 18, Chapters 18.40 and 18.42; and Title 20, Chapters 20.12 and 20.28 to allow for the deferral of a planned local drainage fee, to allow the city to accept rights-of-way with subordination agreements, to include the definitions of "single-family detached," "condominium," and "apartments" for use in the assessment of traffic impact fees, to allow the total combined time for extensions of phased final maps not to exceed sixteen years, and to remove an exemption from improvements no longer contained in the Subdivision Map Act. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. 14. AB #20.211 - ESTABLISH ALL-WAY STOP CONTROLS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. CS-082. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Sierra Morena Avenue at its intersection with Chestnut Avenue (North and South) and Valewood Avenue. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. April 27, 2010 Carlsbad City Council Meeting Page 6 15. AB #20.212 - ESTABLISH ALL-WAY STOP CONTROLS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. CS-083. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Donna Drive at its intersection with Falcon Drive and at Gayle Way; Basswood Avenue at its intersection with Belle Lane; Belle Lane at its intersection with Basswood Avenue; Gayle Way at its intersection with Ann Drive; and Ann Drive at its intersection with Gayle Way. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. PUBLIC COMMENT: Mel Brown, a volunteer with the Carlsbad Police Department, came forward to address Council. He spoke in opposition to the proposed Memorandum of Understanding between the City of Carlsbad and Carlsbad Police Officers Association. Mr. Brown added that he was concerned that the proposed Memorandum will negatively affect the city and put citizens at risk. Mike McFadden of Carlsbad came forward to address Council. Mr. McFadden explained that April is National Donate a Life Month. He spoke in support of organ donation and urged the public to sign up to be organ donors. Pete Pascual representing the Carlsbad Police Officers' Association came forward to address Council. Mr. Pasqual spoke in opposition to the proposed Memorandum of Understanding between the Carlsbad Police Officers Association and the City of Carlsbad. Darbie Ernst from the Carlsbad Police Officers Association came forward to address Council. Ms. Ernst stated she was opposed to the proposed Memorandum of Understanding between the Carlsbad Police Officers' Association and the City of Carlsbad. Neil Black, President of the Carlsbad Library and Arts Foundation, announced the 7th annual Castles of Carlsbad Tour on May 1, 2010. Mr. Black said information and tickets could be found at castlesofcarlsbad.com or Armstrong Garden Centers. April 27, 2010 Carlsbad City Council Meeting Page 7 PUBLIC HEARINGS: 16. AB #20.213 - WEED ABATEMENT. Fire Marshall Jim Wiegand gave the staff report. He said that 254 lots were identified as needing to be cleared and abated. Mayor Pro Tern Kulchin opened the duly noticed Public Hearing at 7:15 p.m. Seeing no one wishing to speak, Mayor Pro Tern Kulchin closed the Public Hearing at 7: 15 p.m. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2010-095. directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. 17. AB #20.214 - WATER EFFICIENT LANDSCAPE. Associate Planner Barbara Kennedy gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Hall, Ms. Kennedy referred to a handout provided to Council (on file in the Office of the City Clerk), regarding the Building Industry Association's question and the City response. Council Member Packard asked about plant and water restrictions included in the landscape ordinance. Ms. Kennedy replied that the Ordinance does not specify types of plant material, but does provide a limit on the usage amount of water. Mayor Pro Tern Kulchin opened the duly noticed Public Hearing at 7:21 pm Remo Ortoni of Carlsbad asked how the City would enforce and monitor the water budget. Ms. Kennedy stated that the enforcement parameters would be provided during the approval of the landscape plan. Mayor Pro Tem Kulchin closed the Public Hearing at 7:22 p.m. April 27, 2010 ACTION: Carlsbad City Council Meeting Page8 AYES: NOES: ABSENT: On a motion by Council Member Hall, Council introduced ORDINANCE NO. CS-089. approving a Zone Code Amendment ZCA 10-01 repealing Chapter 21.220 (Water-Efficient Landscaping) of the Carlsbad Municipal Code and Municipal Code Amendment MCA 10-01 adding and enacting Chapter 18.50 (Water Efficient Landscape) to the Carlsbad Municipal Code. Kulchin, Hall, Packard and Blackburn. None. Lewis. 18. AB #20.215 - DESIGNATION OF UNDERGROUND UTILITY DISTRICT. Senior Civil Engineer Eva Plajzer gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tern Kulchin opened the duly noticed Public Hearing at 7:25 pm. Seeing no one wishing to speak, Mayor Pro Tern Kulchin closed the Public Hearing at 7:25 p.m. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2010-096. declaring and designating a certain part of the City as Underground Utility District No. 19 on El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. 19. AB #20.193 - LANIKAI LANE. Senior Planner Christer Westman gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Richard Close, attorney from Gilchrist and Rutter, representing the applicant, gave a PowerPoint presentation (on file in the Office of the City Clerk). Susy Forbath from Gilchrist and Rutter further explained the conversion with the PowerPoint presentation. Council Member Packard asked if the conversion required a percentage of residents purchasing their lots. Ms. Forbath stated the law requires that one person purchase their lot and then a conversion is considered complete. April 27, 2010 Carlsbad City Council Meeting Page 9 In response to an inquiry from Council Member Blackburn, Ms. Forbath said that her firm is working with the Homeowner's Association and their attorneys to assist all the residents in the purchase of their lots. Mayor Pro Tern Kulchin opened the duly noticed Public Hearing at 7:42 pm Marge Duvall, a resident of Lanikai Lane, asked what assurance residents would have that the final costs will be fair. Joe Patterson, representing the Lanikai Lane Homeowner's Association, came forward to address Council. He stated that an overwhelming majority are in support of purchasing their properties. Mr. Patterson said that the residents are concerned because the final cost of the lots is not known. He added that there is also a concern regarding the availability of affordable loans to facilitate the purchases. Mr. Patterson further explained that the Lanikai Homeowner's Association as the holder of the ground lease is controlling current rent. He added that this control terminates upon expiration of the lease in May 2013. Mr. Patterson stated that there is concern that if the first lot sale occurs after the expiration of the ground lease, the park owner then has the opportunity to raise rents and potentially displace low income and some moderate income residents. John Rodrigue, an attorney representing the Lanikai Lane Homeowner's Association came forward to address Council. He said that the Homeowner's Association is working to develop an agreement that protects the all of low-income residents. He added that there is no formal agreement at this time. Mr. Rodrigue also said that even though the State does have a financing program to assist residents with the conversion, the Homeowner's Association may request financial assistance from the City because the owner's may need more help that what the State can provide. Council Member Blackburn expressed concerns regarding residents that are just above low income and their protections. Mr. Rodrigue explained that the parties are working on a compromise for anyone who does not qualify in the low income range and that their current rental rate would be adjusted to the market rental rate set by appraisal over a six to eight year period. Mayor Pro Tern Kulchin asked Mr. Rodrigue to work with Marge Duvall who has concerns regarding the final costs. Candace Pittenger from Lanikai Lane HOA came forward to address Council. Ms. Pittenger reiterated the concerns of the homeowners regarding final lot costs. Mayor Pro Tern Kulchin closed the Public Hearing at 8:00 p.m. In response to an inquiry from Council Member Hall, Mr. Close stated that without the cooperation of the Homeowner's Association the owner is unable to subdivide the property. He said the landowner realized that he would benefit if the residents purchased their lots now rather than after the ground lease expires. April 27, 2010 Carlsbad City Council Meeting Page 10 Ms. Forbath further explained that the landowner and Homeowner's Association did have lot values determined by licensed appraisers. She added that the appraisals did not significantly differ. Ms. Forbath stated that a base price had been established for the lots, but the price could increase or decrease depending on the lot's location within the park. She said that all numbers were shared with the Homeowner's Association. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2010-080. approving a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15), to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property generally located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT: Mayor Pro Tern Kulchin adjourned to the Special Meeting of the Carlsbad Municipal Water District at 8:06 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING: Mayor Pro Tern Kulchin adjourned the Special Meeting of the Carlsbad Housing and Redevelopment Commission and reconvened the Council Meeting at 8:08 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 23.AB #20.217 - PRESENTATION FROM CARLSBAD VILLAGE ASSOCIATION. Council heard this item earlier. 24. AB #20.218-ARTS COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2010-098. appointing Heath Fox and adopted RESOLUTION NO. 2010-099. appointing Tina Schmidt to the Arts Commission. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. April 27, 2010 Carlsbad City Council Meeting Page 11 CONTINUATION OF PUBLIC COMMENT: Rod Mortenson, President of Carlsbad Police Officers' Association, came forward to address Council. Mr. Mortenson spoke in opposition to the proposed Memorandum of Understanding between the Carlsbad Police Officers Association and the City of Carlsbad. Mickey Williams from the Carlsbad Police Officers' Association came forward to address Council. Mr. Williams spoke in opposition to the proposed Memorandum of Understanding between the Carlsbad Police Officers' Association and City of Carlsbad. Eric Prior from the Carlsbad Police Officers' Association came forward to address Council. Mr. Prior spoke in opposition to the proposed memorandum of Understanding between the Carlsbad Police Officers' Association and the City of Carlsbad. 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, April 28, 2010 at 7:00 p.m. Community Forum Calavera Hills Middle School 4104 Tamarack Avenue, Carlsbad, CA Saturday, May 1, 2010 from 10:00 a.m. to 3:00 p. m. Carlsbad Beach Fest and Clean-Up Frazee State Beach, Beach at Pine Avenue, Carlsbad, CA Saturday May 1, 2010 from 1:00 to 9:00 p. m. Celebrate Carlsbad Day, Legoland California One Legoland Drive, Carlsbad, CA Saturday, May 1, 2010 from 10:00 a.m. to 5:00 p. m. 7th Annual Castles of Carlsbad Home Tour Various homes in Carlsbad Monday, May 3, 2010, from 2:00 p. m. to 3:00 p .m. TWAN Exhibit, The World at Night Carlsbad Senior Center 799 Pine Avenue, Carlsbad, CA April 27, 2010 Carlsbad City Council Meeting Page 12 Thursday, May 6, 2010 at 12:00 p. m. Volunteer Luncheon for Carlsbad Police Department Carlsbad Safety Center Ball Field 2560 Orion Way, Carlsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting of April 27, 2010 was adjourned at 8:28 p.m. LORRAINE M. WOOD, CMC City Clerk Sherry Freisinger Deputy Clerk