HomeMy WebLinkAbout2009-10-06; City Council; Minutes (3)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 6,2009
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:
On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were
unanimously approved as presented.
Minutes of the Special Meeting held September 10, 2009.
Minutes of the Regular Meeting held September 15, 2009.
Minutes of the Special Meeting held September 15, 2009.
Minutes of the Joint Special Meeting held September 15, 2009.
Minutes of the Regular Meeting held September 22, 2009.
LEGISLATIVE INVOCATION:
Executive Pastor Gary Webb offered the Legislative Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
PRESENTATIONS:
Council presented a Retirement Proclamation to Angel Reyes and acknowledged her many
years of service to the City of Carlsbad.
Council presented a Proclamation in Recognition of Fire Prevention Week. Fire Prevention
Specialist II Cindy Wong and Fire Marshal Jim Weigand received the proclamation. Mr.
Weigand also invited the public to attend the Fire Station Open House held October 10,
2009 at Fire Station 5, from 10:00 a.m. to 2:00 p.m.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Items 1 through 6 as follows:
AYES: Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Lewis.
October 6, 2009 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 #19.977 - REPORT ON CITY INVESTMENTS AS OF AUGUST 31. 2009.
Council accepted the City Treasurer's Report on City Investments as of August 31,
2009.
2. AB #19.978 - AMENDMENT TO REIMBURSEMENT AGREEMENT.
Council adopted RESOLUTION NO. 2009-238. approving Amendment No. 1 to the
Reimbursement Agreement with Western Pacific Housing - El Camino, LUC for the
design and construction of Poinsettia Lane.
3. AB #19.979 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-239. approving the construction of the
Vista-Carlsbad Interceptor Sewer Manhole Rehabilitation Reaches VC13-VC15 as
complete; and, directing the City Clerk to record a Notice of Completion, Project No.
3949.
4. AB #19.980 -AMENDMENT TO AGREEMENT WITH RBF CONSULTING. INC.
Council adopted RESOLUTION NO. 2009-240. Amendment No. 2 to the agreement
with RBF Consulting, Inc., for technical review and plan check of the Poseidon
Resources LLC desalination project, Agreement No. PWENG686.
5. AB #19.989 - AGREEMENT FOR SAFETY CENTER ACCESS CONTROL SYSTEM.
Council adopted RESOLUTION NO. 2009-247. approving the agreement with JMC
Inc., for the purchase, installation and maintenance of an access control system for
the Safety Center.
6. AB #19.981 - APPROVAL OF ALGA NORTE PARK GRADING PLANS.
Council adopted RESOLUTION NO. 2009-241. approving the plans and
specifications for the grading of Alga Norte Community Park; and, authorizing the
City Clerk to advertise for bids, Project No. 3837.
ORDINANCES FOR INTRODUCTION:
7. AB #19.990 - AMENDMENT TO THE CARLSBAD VILLAGE REDEVELOPMENT PLAN
TO EXTEND EFFECTIVENESS TIME LIMIT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council introduced
ORDINANCE NO. CS-060. amending the Carlsbad Village Area
Redevelopment Plan to extend the effectiveness time limit for one (1)
additional year pursuant to Assembly Bill 26 as codified in Health and
Safety Code Section 33331.5
Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Lewis.
October 6,2009 Carlsbad City Council Meeting Page 3
8. AB #19.982 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO
MOBILE HOME PARKS.
City Attorney Ron Ball titled the Ordinance, noting the amendment outlined in a memorandum
dated October 5,2009, from the City Attorney (on file in the Office of City Clerk).
ACTION: On a motion by Council Member Hall, Council introduced and adopted
Urgency ORDINANCE NO. CS-061. amending Carlsbad Municipal
Code Chapter 21.37 relating to conversions of existing mobile home
parks from rental to residential ownership, amended as follows:
"With the exception of mobile homes converting from a rental mobile
home park to resident ownership, no conversion shall be allowed
unless a mobile home park permit has been approved by the City
Council."
AYES: Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Lewis.
9. AB #19.983 -ADULT BUSINESS LICENSES MUNICIPAL CODE AMENDMENT.
Associate Planner Kevin Pointer reviewed a PowerPoint Presentation (on file in the Office
of the City Clerk). Debra Fox, Special Council for the City of Carlsbad, was also present to
address Council.
Ms. Fox acknowledged the index of cases received in preparation for this item.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council introduced
ORDINANCE NO. CS-062. Title 8, Chapter 8.60, of the Carlsbad
Municipal Code to specify that an adult business license may be
denied, suspended or revoked based on the license
applicant's/holder's history of misdemeanor or felony sex-related
convictions.
AYES: Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Lewis.
PUBLIC COMMENT:
Walt Meier, Carlsbad, came forward to address Council. Mr. Meier spoke in opposition to
the City Council allowing big box stores to be developed in Carlsbad. Mr. Meier also spoke
in support of revitalizing Plaza Camino Real Mall.
Julie Baker, representing Power of Vision, came forward to address Council. Ms. Baker
referred Council and the public to a new Web site, www.powerofvisioncarlsbad.com, which
provides information about NRG's proposed power plant.
Kerry Siekman, Carlsbad, came forward to address Council. Ms. Siekman stated that a
hearing with the Air Pollution Control District regarding NRG's proposed power plant, will be
held on October 8, 2009.
October 6, 2009 Carlsbad City Council Meeting Page 4
PUBLIC HEARING:
10. AB #19.984 -ADULT BUSINESSES ORDINANCE.
Associate Planner Kevin Pointer reviewed a PowerPoint Presentation (on file in the Office of the
City Clerk). Debra Fox, Special Council for the City of Carlsbad, was also present to address
Council.
Ms. Fox acknowledged the index of cases received in preparation for this item.
Mayor Pro Tern Kulchin opened the duly noticed Public Hearing at 7:00 p.m.
Seeing no one wishing to speak, Mayor Pro Tem Kulchin closed the Public Hearing at 7:00 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council introduced
ORDINANCE NO. CS-063. amending Title 21 of the Carlsbad
Municipal Code by: 1) amending Chapter 21.06 to exempt adult
businesses from Chapter 21.06 (Q Qualified Development Overlay
Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult
businesses to the list of permitted uses in chapters 21.30 (C-M Heavy
Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and
21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting
chapter 21.43 (Adult Entertainment) to amend the definitions and
location requirements for adult businesses; and 4) amending chapter
21.44 (Parking) by revising the joint use parking provisions; and,
Council adopted RESOLUTION NO. 2009-242. approving Local
Coastal Program Amendment LCPA 06-04 to ensure consistency with
the Zoning Ordinance.
AYES: Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Lewis.
11. AB #19.985 - TABATA RANCH.
Associate Planner Jason Goff reviewed a PowerPoint Presentation (on file in the Office of
the City Clerk).
Mayor Pro Tem Kulchin opened the duly noticed Public Hearing at 7:09 p.m.
Seeing no one wishing to speak, Mayor Pro Tem Kulchin closed the Public Hearing at 7:09 p.m.
City Attorney Ron Ball titled the Ordinances.
ACTION: On a motion by Council Member Hall, Council introduced
ORDINANCE NO. CS-064. amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the zoning map to grant
a zone change from residential density-multiple with a qualified
development overlay (RD-M-Q) and limited control (L-C) to one-family
residential (R-1) on a 2.9 acre site generally located on the north side
of Poinsettia Lane; and,
October 6, 2009 Carlsbad City Council Meeting PageS
AYES:
NOES:
ABSENT:
Introduced ORDINANCE NO. CS-065. amending the Zone 20 Specific
Plan (SP 203 (c)) to change the general plan land use designation
from residential medium density (RM) to residential low-medium
density (RLM) on a 2.9 acre site with planning area "D" of the Zone 20
Specific plan; and,
Adopted RESOLUTION NO. 2009-243. adopting a mitigated negative
declaration and mitigation monitoring and reporting program and
addendum, and approving a general plan amendment and local
coastal program amendment to change the general plan and local
coastal program land use designations from residential medium
density (RM, 4-8 DU/AC) to residential low-medium density (RLM, 0-4
DU/AC), and the local coastal program zoning designations from
residential density-multiple with a qualified development overlay (RD-
M-Q) and limited control (L-C) to one-family residential (R-1) on a 2.9
acre site generally located on the north side of Poinsettia Lane at the
westernmost terminus of Lemon Leaf Drive.
Kulchin, Hall, Packard and Blackburn.
None.
Lewis.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY
COUNCIL AND MUNICIPAL WATER DISTRICT
Mayor Pro Tern Kulchin adjourned to the Joint Special Meeting of the City Council and
Municipal Water District at 7:12 p.m. with four Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Pro Tern Kulchin adjourned the Joint Special Meeting of the City Council and
Carlsbad Municipal Water District and reconvened the City Council Meeting at 7:13 p.m.
with four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #19.987 - CARLSBAD LEARNING CENTER REPORT.
Deputy Library Director Suzanne Smfthson reviewed a PowerPoint Presentation (on file in
the Office of the City Clerk). Ms. Smtthson highlighted some of the programs offered
through the Learning Center.
Library participant Nyla Henry came forward to address Council. Ms. Henry shared her
personal experience learning to read with the help of the Learning Center staff and
volunteers.
Council received the report.
14. AB #19.988 - SENIOR COMMISSION APPOINTMENTS.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted Resolution
No. 2009-245. reappointing Peggy Savary to the Senior Commission;
and,
Council adopted Resolution No. 2009-246. reappointing Joan
Surridge to the Senior Commission.
October 6, 2009 Carlsbad City Council Meeting Page 6
AYES: Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Lewis.
COUNCIL REPORTS AND COMMENTS:
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, October 8,2009 - 2:30 p.m.
Carlsbad Chamber of Commerce Planning Conference
Sheraton Carlsbad
5489 Grand Pacific Drive
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of October 6, 2009 was adjourned at 7:30 p.m.
LORRAINE M. WOOD, CMC
City Clerk
MORGEN FRY
Deputy Clerk