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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Closed Session Announcement regarding new City Manager for Carlsbad.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:10:30)
LEGISLATIVE INVOCATION:
Prayer by pasdtor.
PLEDGE OF ALLEGIANCE:
By Packard.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
1 and 2 pulled.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Council Member Hall, seconded by .
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:09:42)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,376 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Declaring public nuisances and setting a hearing for April 15, 2008. Resolution No. 2008-091. ACTION:
Michele Levy, Highland Drive, Carlsbad spoke in support of a Fire Department Master Plan.
No Questions
Motion to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City\'s Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: (Approved) (Recorded at 00:13:14)
AB #19,376
2. AB #19,377 - APPROVAL OF ALLOCATIONS FOR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. Approving the projects and funding allocations for the City of Carlsbad's 2008-2009 Community Development Block Grant and HOME Investment Partnership Program and authorizing the City Manager to enter into funding agreements for the approved projects. Resolution No. 2008-092. ACTION:
1. AB #19,376 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Declaring public nuisances and setting a hearing for April 15, 2008. Resolution No. 2008-091. ACTION:
2. AB #19,377 - APPROVAL OF ALLOCATIONS FOR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. Approving the projects and funding allocations for the City of Carlsbad's 2008-2009 Community Development Block Grant and HOME Investment Partnership Program and authorizing the City Manager to enter into funding agreements for the approved projects. Resolution No. 2008-092. ACTION:
Council Member Packard expressed concerns relating to the item. Will approve parts one through 3 but not 4. Motion by Packard to approve items one through three seconded by Hall. Vote - 5/0. As Amended. Kulchin to motion on vote to approve paragraph 4 approved 4/1 - Packard No.
Motion to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City\'s Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: (Approved) (Recorded at 00:14:04)
AB #19,377
3. AB #19,378 - APPROVAL OF FINAL MAP FOR CT 04-26, ROBERTSON RANCH EAST VILLAGE, PLANNING AREAS 16, 17 AND 18. Approving the final map for CT 04-26, Robertson Ranch East Village, Planning Areas 16, 17 and 18. Resolution No. 2008-093. ACTION:
AB #19,378
4. AB #19,379 - CONTINUATION OF LOCAL EMERGENCY FOR REPAIR OF SINKHOLE, CRIB WALL AND UTILITIES ON 2400 BLOCK OF TAMARACK AVENUE. Continuing the Declaration of Local Emergency for repair of sinkhole, crib wall and utilities on 2400 block of Tamarack Avenue. Resolution No. 2008-094. ACTION:
AB #19,379
5. AB #19,380 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE AND STORM DRAIN FROM 2283 CAMEO ROAD TO EL CAMINO REAL, PROJECT NO. 6607. Continuing the Declaration of Local Emergency for repair of sinkhole and storm drain from 2283 Cameo Road to El Camino Real, Project No. 6607 Resolution No. 2008-095. ACTION:
AB #19,380
6. AB #19,381 - NOTICE OF COMPLETION. Accepting the construction of CT 97-14, Mariano (Aviara Parkway) as complete, and directing the City Manager to execute the Acceptance of Public Improvements and directing the City Clerk to record a Notice of Completion on CT 97-14 Mariano (Aviara Parkway), Drawing No. 367-2, Agreement No. 778.00. Resolution No. 2008-096. ACTION:
AB #19,381
7. AB #19,382 - AUTHORIZATION TO PURCHASE A REPLACEMENT VEHICLE FOR UNIT S440. Authorizing the purchase of a replacement vehicle from Trans-West Truck Center for unit S440 and appropriating an additional $28,514 from the Fleet-Vehicle Replacement fund to the FY 07-08 Fleet-Vehicle Replacement Budget. Resolution No. 2008-097. ACTION:
AB #19,382
ORDINANCES FOR INTRODUCTION:
8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City\'s Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: (Approved) (Recorded at 00:14:23)
AB #19,383
9. AB #19,384 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. To consider establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. Introduction of Ordinance No. NS-884. ACTION:
Fred Tim, Celinda Drive, came forward to address Council regarding the issue of No Parking on Afton and Celinda Drive. Does not seem to have issue of parking on southern end of Celinda Drive from the Rising Glen residents. Stated that residents of Celinda also park on the road. Against the proposal because it will make it more difficult to park 3 to 4 cars in a household. Has not seen any large amounts of trash and noise on Afton Way. Would like to propose to have Rising Glen to add additional parking or purchase additional parking nearby. Asking Council to vote no.
Hall - is there an HOA that governs this portion of the road. Yes, said gentleman. HOA does not govern Afton only Celinda.
Letters have been received by members of HOA but not the HOA itself. Does not know if an open forum has been conducted regarding issue.
Walt Unters????, Celinda Drive, parking issue from cars from Rising Glen. A little bit of trash. The parking ordinance may create problems for those with more than 3 or 4 cars. Suggested parking permits for parking on street. Must live on street to park on the street.
Wayne Rosenbaum, Foley and Gardner on behalf of himself. Thanked Council for consideration of item. Live across the street from Afton. Street is undersized for emergency vehicles since parking allowed on both sides. Road has a history of police problems regarding behavior and drugs. For health and safety reasons would like the area to be a no parking zone.
Hall - are you part of HOA. Yes said Rosenbaum, however only speaking on behalf of himself. Did attend HOA meeting where item was on the agenda. Believes that HOA members are supportive of restriction.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 9. AB #19,384 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. To consider establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. Introduction of Ordinance No. NS-884. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 9. AB #19,384 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. To consider establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. Introduction of Ordinance No. NS-884. ACTION: (Approved) (Recorded at 00:24:27)
Mayor Lewis - commented that this was brought to the attention of Council about 8 or 10 months ago. Problems with undesirable events. This will assist the homeowners in the area to make the area safer.
AB #19,384
ORDINANCES FOR ADOPTION:
10. AB #19,385 - AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11, 15 AND 18 TO COMPLY WITH THE REQUIREMENTS OF THE UPDATED MUNICIPAL STORM WATER PERMIT AND ESTABLISHMENT OF NEW GRADING AND IMPROVEMENT PLAN PROCESSING PROCEDURES. Adopting Ordinance No. NS-878, amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001 and establishing procedures for the processing of improvement plans for non-sub-division developments; and, Adopting Ordinance No. NS-879, amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-880, amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-881, amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-882 amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001. ACTION:
Motion to approve 10. AB #19,385 - AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11, 15 AND 18 TO COMPLY WITH THE REQUIREMENTS OF THE UPDATED MUNICIPAL STORM WATER PERMIT AND ESTABLISHMENT OF NEW GRADING AND IMPROVEMENT PLAN PROCESSING PROCEDURES. Adopting Ordinance No. NS-878, amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001 and establishing procedures for the processing of improvement plans for non-sub-division developments; and, Adopting Ordinance No. NS-879, amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-880, amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-881, amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-882 amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 10. AB #19,385 - AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11, 15 AND 18 TO COMPLY WITH THE REQUIREMENTS OF THE UPDATED MUNICIPAL STORM WATER PERMIT AND ESTABLISHMENT OF NEW GRADING AND IMPROVEMENT PLAN PROCESSING PROCEDURES. Adopting Ordinance No. NS-878, amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001 and establishing procedures for the processing of improvement plans for non-sub-division developments; and, Adopting Ordinance No. NS-879, amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-880, amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-881, amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-882 amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001. ACTION: (Approved) (Recorded at 00:27:28)
AB #19,385
City Attorney Ron Ball titled the Ordinances.
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Spoke in support of establishing a Fire Department Master Plan.
DEPARTMENTAL AND CITY MANAGER REPORT:
11. AB #19,386 - REQUEST FOR PARKING RESTRICTIONS ON CELINDA DRIVE AREA STREETS. Receiving a presentation from Jeanne Frommelt, Daniel Conway and Eugene Adan. ACTION:
Jeanie Fromell, 3402 Celinda Drive, President of Brentwood Heights HOA, spoke in support of prohibiting parking from midnight to 5:00 a.m.
Also commented that Rising Glen sent a letter to all tenants asking them to be better members and saw no difference.
Received positive feedback from homeowners though. Asking that entire Brentwood Community to be posted so no to move the problem somewhere else. Suggested painting the northwestern curb red on Celinda Drive.
Council Member Hall - we are all listening closely - would like to hear what the greater majority is asking for. If we do decide to implement this, could be a down size.
Per Ms. Fromell, most people have three car garages (CC&R's) state cars need to be parked in the garages. Most driveways would accommodate an additional three cars. Parking should not be a problem for homeowners. Have taken into consideration the numerous cars.
Nygaard - any problem with number of signs in right of way? No, per Fromell we would not have a problem with the additional signs in the rights of way.
Packard - how long ago was letter to residents in Rising Glen? Fromell said in February.
Packard - commented that Rising Glen is looking at re-striping parking lot to add spaces.
Packard - why didn't you go to the Traffic Safety Commission.
Hildabrand - staff had been working with residents and HOA expressed an interest in presenting to Council.
Eugene O'Day????, initiated a petition in October and submitted to Bob Johnson. Traffic department did not find there was an issue. Expressed concerns relating to noise from individuals parking from Rising Glen. Cannot even utilize street for guests because all people from Rising Glen parking there. Also has to pick up beer bottles every weekend.
Has had damage to home as result of tickets being written to people parking on road. Auto owners assuming he is one calling police.
Daniel Conway, Treasurer of Brentwood Heights Homeowners Association, Celinda Drive, Carlsbad, came forward to address Council. Presented a PowerPoint Presentation (on file in the Office of the City Clerk). Spoke about litter, poor behavior impacting quality of life of Brentwood residents.
Cars that are parking on streets are the same cars that have been parking there for several months. Maybe because the owners of cars are not legal residents of Rising Glen, therefore cannot park in Rising Glen. Parking begins at 4:30 p.m. Is not a little bit of overflow parking when Rising Glen parking is full. Showed photos of things that concern residents of Brentwood.
End of Presentation - problem effecting quality of life in their neighborhood.
Wayne Rosenbaum, Celinda Drive, we have tried to document the problems. The vehicles being stored on the street can't pass registration. The issue of working with Rising Glen, situation is based on their economic model. Can't change how many people they allow to live in the complex. Expressed concerns relating to the impacts on the storm water environment. Thanked Council for time and efforts and want to reach a conclusion.
City Attorney Ron Ball - can refer matter back to staff or you can direct staff to prepare Ordinance for your approval.
Kulchin - do not think we need to go back to staff. Ready to have City Attorney to prepare the Ordinance right of way.
Kulchin - approve of red curb and no parking between 12:00 and 5:00 a.m.
Hall - asked how the item would be noticed.
Ball - would be notice through publication of the agenda.
Hall - can echo Ms. Kulchin's thoughts - make sure you are in agreement amongst the HOA.
Packard - ditto.
Nygaard - can also concur. Problem is critical. Would like to see red striping on curb. Would also like a report back in 6 months to see how it is going.
Lewis - if we are going to do the posting - a lot of noticing signs will be required due to the way the road curves. Mr. Johnson explained that road does follow a linear curve. A no parking or time restriction zone, you have to be able to see the sign in front of you when you pull past the initial sign.
Lewis - just want to make sure that HOA is in favor that they know many signs may be needed. Signs will be in public right of way.
Motion by Kulchin to have City Attorney return with documents to post no parking signs and red curb and return in six months.
Motion to approve 11. AB #19,386 - REQUEST FOR PARKING RESTRICTIONS ON CELINDA DRIVE AREA STREETS. Receiving a presentation from Jeanne Frommelt, Daniel Conway and Eugene Adan. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,386 - REQUEST FOR PARKING RESTRICTIONS ON CELINDA DRIVE AREA STREETS. Receiving a presentation from Jeanne Frommelt, Daniel Conway and Eugene Adan. ACTION: (Approved) (Recorded at 01:02:02)
Council Reports - Nygaard - North County Transit announcement.
Lewis - CWA is putting a lot of money out for advertising explaining that we are still in a draught.
Adjourned at 7:00 p.m.
AB #19,386
PUBLIC COMMENT: Continuation of the Public Comments (if necessary) The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
Apr 01, 2008 City Council Meeting
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Meeting Resumed
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Closed Session Announcement regarding new City Manager for Carlsbad.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:10:30)
LEGISLATIVE INVOCATION:
Prayer by pasdtor.
PLEDGE OF ALLEGIANCE:
By Packard.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
1 and 2 pulled.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Council Member Hall, seconded by .
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:09:42)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,376 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Declaring public nuisances and setting a hearing for April 15, 2008. Resolution No. 2008-091. ACTION:
Michele Levy, Highland Drive, Carlsbad spoke in support of a Fire Department Master Plan.
No Questions
Motion to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City\'s Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: (Approved) (Recorded at 00:13:14)
AB #19,376
2. AB #19,377 - APPROVAL OF ALLOCATIONS FOR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. Approving the projects and funding allocations for the City of Carlsbad's 2008-2009 Community Development Block Grant and HOME Investment Partnership Program and authorizing the City Manager to enter into funding agreements for the approved projects. Resolution No. 2008-092. ACTION:
1. AB #19,376 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Declaring public nuisances and setting a hearing for April 15, 2008. Resolution No. 2008-091. ACTION:
2. AB #19,377 - APPROVAL OF ALLOCATIONS FOR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. Approving the projects and funding allocations for the City of Carlsbad's 2008-2009 Community Development Block Grant and HOME Investment Partnership Program and authorizing the City Manager to enter into funding agreements for the approved projects. Resolution No. 2008-092. ACTION:
Council Member Packard expressed concerns relating to the item. Will approve parts one through 3 but not 4. Motion by Packard to approve items one through three seconded by Hall. Vote - 5/0. As Amended. Kulchin to motion on vote to approve paragraph 4 approved 4/1 - Packard No.
Motion to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City\'s Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: (Approved) (Recorded at 00:14:04)
AB #19,377
3. AB #19,378 - APPROVAL OF FINAL MAP FOR CT 04-26, ROBERTSON RANCH EAST VILLAGE, PLANNING AREAS 16, 17 AND 18. Approving the final map for CT 04-26, Robertson Ranch East Village, Planning Areas 16, 17 and 18. Resolution No. 2008-093. ACTION:
AB #19,378
4. AB #19,379 - CONTINUATION OF LOCAL EMERGENCY FOR REPAIR OF SINKHOLE, CRIB WALL AND UTILITIES ON 2400 BLOCK OF TAMARACK AVENUE. Continuing the Declaration of Local Emergency for repair of sinkhole, crib wall and utilities on 2400 block of Tamarack Avenue. Resolution No. 2008-094. ACTION:
AB #19,379
5. AB #19,380 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE AND STORM DRAIN FROM 2283 CAMEO ROAD TO EL CAMINO REAL, PROJECT NO. 6607. Continuing the Declaration of Local Emergency for repair of sinkhole and storm drain from 2283 Cameo Road to El Camino Real, Project No. 6607 Resolution No. 2008-095. ACTION:
AB #19,380
6. AB #19,381 - NOTICE OF COMPLETION. Accepting the construction of CT 97-14, Mariano (Aviara Parkway) as complete, and directing the City Manager to execute the Acceptance of Public Improvements and directing the City Clerk to record a Notice of Completion on CT 97-14 Mariano (Aviara Parkway), Drawing No. 367-2, Agreement No. 778.00. Resolution No. 2008-096. ACTION:
AB #19,381
7. AB #19,382 - AUTHORIZATION TO PURCHASE A REPLACEMENT VEHICLE FOR UNIT S440. Authorizing the purchase of a replacement vehicle from Trans-West Truck Center for unit S440 and appropriating an additional $28,514 from the Fleet-Vehicle Replacement fund to the FY 07-08 Fleet-Vehicle Replacement Budget. Resolution No. 2008-097. ACTION:
AB #19,382
ORDINANCES FOR INTRODUCTION:
8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City\'s Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,383 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. To consider repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Amending the City's Personnel Rules and Regulations to harmonize with the municipal code and reflect current practices. Introduction of Ordinance No. NS-883. Resolution No. 2008-098. ACTION: (Approved) (Recorded at 00:14:23)
AB #19,383
9. AB #19,384 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. To consider establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. Introduction of Ordinance No. NS-884. ACTION:
Fred Tim, Celinda Drive, came forward to address Council regarding the issue of No Parking on Afton and Celinda Drive. Does not seem to have issue of parking on southern end of Celinda Drive from the Rising Glen residents. Stated that residents of Celinda also park on the road. Against the proposal because it will make it more difficult to park 3 to 4 cars in a household. Has not seen any large amounts of trash and noise on Afton Way. Would like to propose to have Rising Glen to add additional parking or purchase additional parking nearby. Asking Council to vote no.
Hall - is there an HOA that governs this portion of the road. Yes, said gentleman. HOA does not govern Afton only Celinda.
Letters have been received by members of HOA but not the HOA itself. Does not know if an open forum has been conducted regarding issue.
Walt Unters????, Celinda Drive, parking issue from cars from Rising Glen. A little bit of trash. The parking ordinance may create problems for those with more than 3 or 4 cars. Suggested parking permits for parking on street. Must live on street to park on the street.
Wayne Rosenbaum, Foley and Gardner on behalf of himself. Thanked Council for consideration of item. Live across the street from Afton. Street is undersized for emergency vehicles since parking allowed on both sides. Road has a history of police problems regarding behavior and drugs. For health and safety reasons would like the area to be a no parking zone.
Hall - are you part of HOA. Yes said Rosenbaum, however only speaking on behalf of himself. Did attend HOA meeting where item was on the agenda. Believes that HOA members are supportive of restriction.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 9. AB #19,384 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. To consider establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. Introduction of Ordinance No. NS-884. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 9. AB #19,384 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. To consider establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. Introduction of Ordinance No. NS-884. ACTION: (Approved) (Recorded at 00:24:27)
Mayor Lewis - commented that this was brought to the attention of Council about 8 or 10 months ago. Problems with undesirable events. This will assist the homeowners in the area to make the area safer.
AB #19,384
ORDINANCES FOR ADOPTION:
10. AB #19,385 - AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11, 15 AND 18 TO COMPLY WITH THE REQUIREMENTS OF THE UPDATED MUNICIPAL STORM WATER PERMIT AND ESTABLISHMENT OF NEW GRADING AND IMPROVEMENT PLAN PROCESSING PROCEDURES. Adopting Ordinance No. NS-878, amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001 and establishing procedures for the processing of improvement plans for non-sub-division developments; and, Adopting Ordinance No. NS-879, amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-880, amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-881, amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-882 amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001. ACTION:
Motion to approve 10. AB #19,385 - AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11, 15 AND 18 TO COMPLY WITH THE REQUIREMENTS OF THE UPDATED MUNICIPAL STORM WATER PERMIT AND ESTABLISHMENT OF NEW GRADING AND IMPROVEMENT PLAN PROCESSING PROCEDURES. Adopting Ordinance No. NS-878, amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001 and establishing procedures for the processing of improvement plans for non-sub-division developments; and, Adopting Ordinance No. NS-879, amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-880, amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-881, amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-882 amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 10. AB #19,385 - AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11, 15 AND 18 TO COMPLY WITH THE REQUIREMENTS OF THE UPDATED MUNICIPAL STORM WATER PERMIT AND ESTABLISHMENT OF NEW GRADING AND IMPROVEMENT PLAN PROCESSING PROCEDURES. Adopting Ordinance No. NS-878, amending Title 11, Chapter 11.16 of the Carlsbad Municipal Code requiring work in the public right-of-way to comply with new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001 and establishing procedures for the processing of improvement plans for non-sub-division developments; and, Adopting Ordinance No. NS-879, amending Title 15 of the Carlsbad Municipal Code consolidating the definition of terms used in various chapters, eliminating duplicate definitions, clarifying existing terms and adding new terms to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-880, amending Title 15 of the Carlsbad Municipal Code modifying and clarifying storm water compliance and enforcement requirements and establishing new maintenance, inspection and annual verification provisions for privately owned storm water facilities to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-881, amending Title 15, Chapter 15.16 of the Carlsbad Municipal Code establishing requirements and processing procedures for the preparation of construction storm water pollution prevention plans and revising storm water enforcement provisions to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001; and, Adopting Ordinance No. NS-882 amending Title 18 of the Carlsbad Municipal Code requiring building construction to comply with the new storm water protection requirements of the updated San Diego Regional Water Quality Control Board Municipal Permit, Order No. 2007-0001. ACTION: (Approved) (Recorded at 00:27:28)
AB #19,385
City Attorney Ron Ball titled the Ordinances.
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Spoke in support of establishing a Fire Department Master Plan.
DEPARTMENTAL AND CITY MANAGER REPORT:
11. AB #19,386 - REQUEST FOR PARKING RESTRICTIONS ON CELINDA DRIVE AREA STREETS. Receiving a presentation from Jeanne Frommelt, Daniel Conway and Eugene Adan. ACTION:
Jeanie Fromell, 3402 Celinda Drive, President of Brentwood Heights HOA, spoke in support of prohibiting parking from midnight to 5:00 a.m.
Also commented that Rising Glen sent a letter to all tenants asking them to be better members and saw no difference.
Received positive feedback from homeowners though. Asking that entire Brentwood Community to be posted so no to move the problem somewhere else. Suggested painting the northwestern curb red on Celinda Drive.
Council Member Hall - we are all listening closely - would like to hear what the greater majority is asking for. If we do decide to implement this, could be a down size.
Per Ms. Fromell, most people have three car garages (CC&R's) state cars need to be parked in the garages. Most driveways would accommodate an additional three cars. Parking should not be a problem for homeowners. Have taken into consideration the numerous cars.
Nygaard - any problem with number of signs in right of way? No, per Fromell we would not have a problem with the additional signs in the rights of way.
Packard - how long ago was letter to residents in Rising Glen? Fromell said in February.
Packard - commented that Rising Glen is looking at re-striping parking lot to add spaces.
Packard - why didn't you go to the Traffic Safety Commission.
Hildabrand - staff had been working with residents and HOA expressed an interest in presenting to Council.
Eugene O'Day????, initiated a petition in October and submitted to Bob Johnson. Traffic department did not find there was an issue. Expressed concerns relating to noise from individuals parking from Rising Glen. Cannot even utilize street for guests because all people from Rising Glen parking there. Also has to pick up beer bottles every weekend.
Has had damage to home as result of tickets being written to people parking on road. Auto owners assuming he is one calling police.
Daniel Conway, Treasurer of Brentwood Heights Homeowners Association, Celinda Drive, Carlsbad, came forward to address Council. Presented a PowerPoint Presentation (on file in the Office of the City Clerk). Spoke about litter, poor behavior impacting quality of life of Brentwood residents.
Cars that are parking on streets are the same cars that have been parking there for several months. Maybe because the owners of cars are not legal residents of Rising Glen, therefore cannot park in Rising Glen. Parking begins at 4:30 p.m. Is not a little bit of overflow parking when Rising Glen parking is full. Showed photos of things that concern residents of Brentwood.
End of Presentation - problem effecting quality of life in their neighborhood.
Wayne Rosenbaum, Celinda Drive, we have tried to document the problems. The vehicles being stored on the street can't pass registration. The issue of working with Rising Glen, situation is based on their economic model. Can't change how many people they allow to live in the complex. Expressed concerns relating to the impacts on the storm water environment. Thanked Council for time and efforts and want to reach a conclusion.
City Attorney Ron Ball - can refer matter back to staff or you can direct staff to prepare Ordinance for your approval.
Kulchin - do not think we need to go back to staff. Ready to have City Attorney to prepare the Ordinance right of way.
Kulchin - approve of red curb and no parking between 12:00 and 5:00 a.m.
Hall - asked how the item would be noticed.
Ball - would be notice through publication of the agenda.
Hall - can echo Ms. Kulchin's thoughts - make sure you are in agreement amongst the HOA.
Packard - ditto.
Nygaard - can also concur. Problem is critical. Would like to see red striping on curb. Would also like a report back in 6 months to see how it is going.
Lewis - if we are going to do the posting - a lot of noticing signs will be required due to the way the road curves. Mr. Johnson explained that road does follow a linear curve. A no parking or time restriction zone, you have to be able to see the sign in front of you when you pull past the initial sign.
Lewis - just want to make sure that HOA is in favor that they know many signs may be needed. Signs will be in public right of way.
Motion by Kulchin to have City Attorney return with documents to post no parking signs and red curb and return in six months.
Motion to approve 11. AB #19,386 - REQUEST FOR PARKING RESTRICTIONS ON CELINDA DRIVE AREA STREETS. Receiving a presentation from Jeanne Frommelt, Daniel Conway and Eugene Adan. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,386 - REQUEST FOR PARKING RESTRICTIONS ON CELINDA DRIVE AREA STREETS. Receiving a presentation from Jeanne Frommelt, Daniel Conway and Eugene Adan. ACTION: (Approved) (Recorded at 01:02:02)
Council Reports - Nygaard - North County Transit announcement.
Lewis - CWA is putting a lot of money out for advertising explaining that we are still in a draught.
Adjourned at 7:00 p.m.
AB #19,386
PUBLIC COMMENT: Continuation of the Public Comments (if necessary) The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
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