HomeMy WebLinkAbout2007-06-19; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 19, 2007
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Lewis, Hall and Packard.
Absent: Kulchin, Nygaard.
LEGISLATIVE INVOCATION:
Rabbi Elifort of Chabad at La Costa Center offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Due to a lack of quorum, the Minutes were continued to the meeting of June 26, 2007.
Minutes of the Regular Meeting held May 22, 2007.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Joyce Smith, Sue Ladouceur and Don Christiansen
in recognition of Historic Preservation Week.
Deputy Library Director Suzanne Smithson gave an overview of the Third Grade Art Contest
and introduced the winners of the contest from the following elementary schools:
Aviara Oaks School: Emily Blue, Madison Nelson, Morna Perez-Consoli
Buena Vista School: Laith Bali, Elizabeth McCay, Joey Taylor
Calavera School: Emily Kimura, Sabrina Ramirez, Joey Szalkiewicz
Hope School: Riley Desmarais, Sophia Molinar, Taylor Wiestling
Jefferson School: Edgar Castellanos, Nicole Mendrala, T.J. Palmer
Kelly School: Ashlie Nguyen, Kit Schaefer, Tyler White
Magnolia School: Jordan Rushworth, Cole Sabala, Reece Schweibold
Pacific Rim School: Madison Hays, Kaitlin Hahn, Maya Stuessi
June 19, 2007 Carlsbad City Council Meeting Page 2
Mayor Lewis presented a Proclamation to Victor Balaker from the Carlsbad Optimist Club in
recognition of Respect for Law Week.
CONSENT CALENDAR:
Item Nos. 1,5,7 and 10 were pulled for discussion.
ACTION: On a motion by Council Member Hall, Council affirmed the action of
the Consent Calendar, Item Nos. 2 through 4, 6, 8, 9 and 11 through 15 as
follows:
AYES: Lewis, Hall and Packard.
NOES: None.
ABSENT: Kulchin, Nygaard.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1- AB #19.028 - ACCEPTANCE OF DONATION.
This item was pulled for discussion.
2. AB #19.029 - AMENDMENT TO AGREEMENT.
Council adopted RESOLUTION NO. 2007-133. approving Amendment No. 6 to the
Agreement for as-needed materials testing and inspection services with Bureau Veritas
North America, Inc. dba Testing Engineers - San Diego, Inc.
3. AB #19.030 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2007-134. accepting the construction of the
Hidden Canyon Park as complete, and directing the City Clerk to record the Notice of
Completion, Project No. 38561-A.
4. AB #19.031 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2007-135. accepting the construction of the
Carlsbad Boulevard left-turn lane at Breakwater Road as complete, and directing the
City Clerk to record the Notice of Completion,
Project No. 3947-1.
5. AB #19.032 - ADVERTISE FOR BIDS.
This item was pulled for discussion.
6. AB #19.033 - CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER
REDUCTION ACT PROGRAM.
Council adopted RESOLUTION NO. 2007-137. authorizing the submittal of the Funding
Request Form to the Department of Conservation's Division of Recycling and
authorizing the City Manager or designee to execute all necessary forms for the
purpose of securing payments.
7. AB #19.034 - ADVERTISE FOR BIDS.
This item was pulled for discussion.
June 19, 2007 Carlsbad City Council Meeting Page 3
8. AB #19.035 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2007-139. awarding a contract to All American
Asphalt for the construction of the 2007 Pavement Overlay Project No. 3667-
15/6001-12; and, approving the reimbursement agreement with Olivenhain
Municipal Water District.
9. AB #19.036 - REJECTION OF BIDS AND RE-ADVERTISEMENT.
Council adopted RESOLUTION NO. 2007-140. rejecting all bids for the upgrade of
the HVAC Controls at the Safety Center and approving the revised contract
documents, special provisions and specifications and authorizing the City Clerk to
re-advertise for bids, Contract No. FAC 07-01R.
10.AB #19.037 - AMENDMENT TO STREET LIGHT DAMAGE REPAIR SERVICES
AGREEMENT.
This item was pulled for discussion.
11. AB #19.038 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2007-142. awarding a contract to
Thunderworks Mobile Electronics for Police Patrol Vehicle Outfitting and Retrofit
Services.
12. AB #19.046 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID)
ANNUAL REPORT.
Council adopted RESOLUTION NO. 2007-147. approving the Carlsbad Tourism
Business Improvement District Annual Report and continuing the programs and
assessments for Fiscal Year 2007-08.
13.AB #19.039 - SETTLEMENT OF WORKERS' COMPENSATION CLAIM.
Council adopted RESOLUTION NO. 2007-143. approving the Compromise and
Release and authorizing the expenditure of funds for settlement of the Workers'
Compensation Claim of Allen Vas.
14. AB #19.047 - SETTLEMENT OF WORKERS' COMPENSATION CLAIM.
Council adopted RESOLUTION NO. 2007-148. approving the Compromise and
Release and authorizing the expenditure of funds for settlement of the Workers'
Compensation Claim of Jennifer Myers.
15.AB #19.040 - SALARY SCHEDULE REVISION.
Council adopted RESOLUTION NO. 2007-144. approving a revised Salary
Schedule effective July 1, 2007, for classifications represented by the Carlsbad
Police Officers' Association.
DISCUSSION OF CONSENT CALENDAR ITEMS:
1. AB #19.028 -ACCEPTANCE OF DONATION.
Arts Manager Peter Gordon introduced Mark Kraft, Vice President of the Carlsbad Friends of
the Arts.
Mr. Kraft commented that he was pleased to present the donation of $29,000 to the City for
various Cultural Arts programs on behalf of the Carlsbad Friends of the Arts.
June 19, 2007 Carlsbad City Council Meeting Page 4
ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION
NO. 2007-132. accepting a donation from the Carlsbad Friends of the Arts
and authorizing the Finance Director to appropriate the funds.
AYES: Lewis, Hall and Packard.
NOES: None.
ABSENT: Kulchin, Nygaard.
5. AB #19.032 - ADVERTISE FOR BIDS.
Senior Civil Engineer David Ahles presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Packard, Mr. Ahles explained that there are
not many manufacturers who produce the pumps and motors needed for the upgrade;
therefore, the warranties on the items are limited.
ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION
NO. 2007-136. approving plans and specifications and authorizing the
advertisement for bids for the Poinsettia Sewer Lift Station Upgrade,
Project no. 3875.
AYES: Lewis, Hall and Packard.
NOES: None.
ABSENT: Kulchin, Nygaard.
7. AB #19.034 - ADVERTISE FOR BIDS.
Council concurred to continue this item to the Regular Meeting of June 26, 2007.
10. AB #19.037 - AMENDMENT TO STREET LIGHT DAMAGE REPAIR SERVICES
AGREEMENT.
Public Works Supervisor Dale Schuck presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION
NO. 2007-141. authorizing the City Manager to execute an
amendment to the Street Light Damage Repair Services Agreement
with Republic Electric, Inc.
AYES: Lewis, Hall and Packard.
NOES: None.
ABSENT: Kulchin, Nygaard.
June 19, 2007 Carlsbad City Council Meeting
ORDINANCES FOR INTRODUCTION:
Pages
16.AB #19.041 - EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN.
In response to an inquiry from Council Member Packard, Senior Planner Mike Grim explained
that the tarp removal from the lagoon has taken longer than anticipated; therefore, staff is
requesting additional time for the removal of the containment devices.
Lagoon Foundation Representative Craig Elliott, 4780 Pride Circle, came forward to address
Council. Mr. Elliott stated that funding exists to continue the tarp removal operation through
the end of summer. In closing, he commented that the Foundation would prefer to have one
more survey once all of the tarps are removed to ensure that the caulerpa taxifolia has been
eradicated from the lagoon.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE
NO. NS-844. amending Chapter 11.24, of the Carlsbad Municipal Code,
to extend the term of the Interim Plan for Agua Hedionda Lagoon until
December 31, 2007 to facilitate Caulerpa taxifolia monitoring and
containment device removal.
AYES: Lewis, Hall and Packard.
NOES: None.
ABSENT: Kulchin, Nygaard.
17.AB #19.042 - ESTABLISH PRIMA FACIE SPEED LIMIT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE
NO. NS-845. amending Title 10, Chapter 10.44, of the Carlsbad Municipal
Code by the addition of Section 10.44.790, to establish a Prima Face 35
mile per hour speed limit on Dove Lane from Moorhen Place to the
intersection with El Camino Real.
AYES: Lewis, Hall and Packard.
NOES: None.
ABSENT: Kulchin, Nygaard.
June 19, 2007 Carlsbad City Council Meeting Page 6
ORDINANCE FOR ADOPTION:
18.AB #19.043 - EMINENT DOMAIN IN EXISTING REDEVELOPMENT AREAS.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE
NO. NS-841. amending Title 21, Chapter 21.35, of the Carlsbad Municipal
Code, by the addition of Section 21.35.160, to describe the powers of
eminent domain in existing Redevelopment areas and the findings
required for extension of such powers by amendment of the
Redevelopment Plan.
AYES: Lewis, Hall and Packard.
NOES: None.
ABSENT: Kulchin, Nygaard.
PUBLIC COMMENT:
A representative from Policewatch.org spoke in support of mandatory electronic monitoring
devices for law enforcement personnel. The representative provided Council with a summary
of an individual's experience when taken into police custody (on file in the Office of the City
Clerk).
PUBLIC HEARING:
19. AB #19.044-ASSESSMENT DISTRICT NO. 2003-01 COLLEGE BOULEVARD AND
CANNON ROAD EAST.
Mayor Lewis opened the duly noticed Public Hearing at 6:59 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:59 p.m.
ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION
NO. 2007-145. continuing the Public Hearing for Assessment District No.
2003-01 (College Boulevard and Cannon Road East) Benefit Area No. 2
to the October 2, 2007 City Council Meeting.
AYES: Lewis, Hall and Packard.
NOES: None.
ABSENT: Kulchin, Nygaard.
ADJOURNMENT TO THE SPECIAL MEETING OF CARLSBAD MUNICIPAL WATER
DISTRICT.
Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at
7:00 p.m. with three Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Public Financing Authority and reconvened
the City Council Meeting at 7:19 p.m. with three Council Members present.
June 19, 2007 Carlsbad City Council Meeting Page 7
DEPARTMENTAL AND CITY MANAGER REPORT:
20.AB #19.045 - DRAFT HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE.
Council concurred to continue this item to the Regular Meeting of July 17, 2007.
Thomas Dempsey, 3641 Esplanade Street, Oceanside, spoke in support of preserving the area
known as El Salto Falls. He also suggested that the developer of the Sherman Property be
required to build a park near Mossy Nissan.
Sue Ladouceur, 3460 Charter Oak Drive, Carlsbad, also spoke in support of preserving the El
Salto Falls area.
Michael Haslam, 3540 Simsbury Court, Carlsbad, came forward to address Council. Mr. Haslam
expressed concerns relating to the consistency of the Draft Housing Element.
Shelley Hayes Caron, Marron Adobe, spoke in support of the preservation of the Buena Vista
Creek and Quarry Creek area. She also requested the name and address of the individual in
Sacramento who will be reviewing the Draft Housing Element.
Diane Nygaard, 5020 Nighthawk Way, Oceanside, came forward to address Council on behalf of
Preserve Calavera. Ms. Nygaard requested that representatives from SANDAG come to
Carlsbad and hold public outreach workshops regarding Smart Growth prior to the July 17, 2007
City Council meeting.
City Attorney Ron Ball gave a brief overview of the process involved in filing the Draft Housing
Element with the State Department of Housing and Community Development.
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.
ADJOURNMENT:
By proper motion, the Regular Meeting of June 19, 2007, was adjourned at 7:42 p.m.
LOR
City Clerk
Sheila R. Cobian
Deputy City Clerk