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Home My WebLink About2007-06-26; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 26, 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, Kulchin, Hall, Packard and Nygaard. Absent: None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, minutes of the following meeting were approved as presented: Minutes of the Regular Meeting held May 22, 2007. Minutes of the Joint Special Meeting held June 12, 2007. Minutes of the Regular Meeting held June 12, 2007. Council Member Packard abstained from the approval of the Minutes of the meeting held on May 22, 2007. Council Member Nygaard abstained from the approval of the Minutes of the Joint Special meeting and Regular meeting held on June 12, 2007. PRESENTATION: Mayor Lewis presented a Proclamation to Recreation Director Ken Price in recognition of Parks and Recreation Month. Mr. Price thanked Council for its support of Recreation programs and community centers and introduced Recreation Supervisor Rachel Shay, who spoke briefly about the upcoming July 8, 2007, triathlon. Mayor Lewis presented a Proclamation to Fire Chief Kevin Crawford and Emergency Preparedness Coordinator David Harrison in recognition of Water Safety Week. Mr. Harrison introduced Fire Captain Luis Osuna who gave an overview of the Water Watchers' Program. June 26, 2007 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Item Nos. 1 through 3 as follows: AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.048 - RENEWAL OF EXCESS WORKERS' COMPENSATION BENEFITS. Council adopted RESOLUTION NO. 2007-149. authorizing the renewal of Excess Workers' Compensation Insurance coverage with the Safety National Casualty Corporation. 2. AB #19.049 - RENEWAL OF LIABILITY INSURANCE COVERAGE. Council adopted RESOLUTION NO. 2007-150. approving the renewal of liability insurance coverage through the California Municipal Excess Liability Program (CAMEL). 3. AB #19.050 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2007-151. accepting the construction on the remodel of two park restrooms and the re-roofing of a maintenance building as complete, and directing the City Clerk to record a Notice of Completion, Project Nos. 38971 and 39431. ORDINANCES FOR INTRODUCTION: 4. AB #19.051 - ESTABLISH ALL WAY STOPS ON IMPALA DRIVE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-846. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Impala Drive at the Orion Street and Palmer Way intersections. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 5. AB #19.056 - DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006. Communication Manager Denise Vedder and Deputy City Attorney Paul Edmonson, presented a staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). City Attorney Ron Ball titled the Ordinance. June 26, 2007 Carlsbad City Council Meeting Page 3 ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-848. amending Title 5 of the Carlsbad Municipal Code, Business Licenses and Regulations, by the addition of Chapter 5.29 adopting Local Regulations applicable to holders of State Video Franchises issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006 - Assembly Bill 2987. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCES FOR ADOPTION: 6. AB #19.052 - EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted 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, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 7. AB #19.053 - ESTABLISH PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted 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, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. PUBLIC COMMENT: Knox Williams, 3491 Seacrest Drive, Carlsbad, representing Endow Carlsbad, came forward to address Council. He gave a brief overview of the organization and its purpose, stating the organization plans to make two grant awards in 2008 totaling $50,000. Mr. Williams asked the Council to reconsider Endow Carlsbad's request for a $25,000 matching challenge grant. Mark Winkler, 7020 Gardenia Court, Carlsbad, also representing Endow Carlsbad, came forward to address Council. He explained how Endow Carlsbad related to the City's June 26, 2007 Carlsbad City Council Meeting Page 4 Connecting, People, Places and Spirit program. Mr. Winkler requested Council consider Endow Carlsbad's request for a donation. Neil Turner, 2299 Bryant Drive, Carlsbad, came forward to address Council. Mr. Turner stated he opposed the use of taxpayer monies to fund the Carlsbad Hiring Center. He asked Council to place signage discouraging the hiring of illegal aliens and to close the Hiring Center. A representative from PoliceWatch.org came forward to address Council. He spoke about his concerns regarding a ride-along program with the Carlsbad Police Department.- PUBLIC HEARING: 8. AB #19.054 - AURA CIRCLE. Associate Planner Barbara Kennedy presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, representing MSK Development - Carlsbad Greens, LLC, stated he was prepared to answer questions the public or Council might have on this project. In response to an inquiry from Mayor Lewis, Mr. Henthorn explained that the habitat area surrounding the project has been landscaped to address fire safety concerns. Mayor Lewis opened the duly noticed Public Hearing at 6:48 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:48 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-847. amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change, ZC 05-03, from R-1 One Family Residential Zone (8,000 square foot minimum lot size) to Open Space (OS) on lots 10 and 11 of CT 03-10 on property generally located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1; and, Adopted RESOLUTION NO. 2007-152. adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving a General Plan Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development Permit and Coastal Development Permit for an 11-lot subdivision including grading and construction of nine single-family residences and two second dwelling units on property generally located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. AYES: Lewis, Hall, Kulchin, Packard and Nygaard. NOES: None. ABSENT: None. June 26, 2007 Carlsbad City Council Meeting Page 5 ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL. CARLSBAD MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Joint Special Meeting of the City Council, Carlsbad Municipal Water District and Housing and Redevelopment at 6:50 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Joint Special Meeting of the City Council, Carlsbad Municipal Water District and Housing and Redevelopment Commission at 9:13 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: This item was continued from the Regular City Council Meeting of June 19, 2007. 10. AB #19.034-ADVERTISE FOR BIDS. Council Member Packard requested that this item be held until staff has finished reviewing the concept of Carlsbad becoming a charter city. He stated that there is potential cost savings in the construction of capital improvement projects. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-138, approving the plans and specifications and authorizing the advertisement for bids for the construction of the Poinsettia Community Park Phase IIA Tennis Courts, Project No. 4502. AYES: Lewis, Kulchin, Hall and Nygaard. NOES: Packard. ABSENT: None. 11. AB #19.055 - SISTER CITY COMMITTEE APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2007-153. appointing Harriet Norris to the Sister City Committee. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 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. June 26, 2007 Carlsbad City Council Meeting Page 6 ANNOUNCEMENT: City Clerk Lorraine Wood announced that Council has been invited and may attend the following upcoming event: Wednesday, July 4, 2007 - 7:00 p.m. Four Seasons Resort Aviara July 4th Event 7100 Four Seasons Point Carlsbad, California ADJOURNMENT: By proper motion, Mayor Lewis adjourned the Regular Meeting of June 26, 2007 at 9:25 p.m. rORRAINE M. WOOD, CMC City Clerk Sherry Freisinger Deputy Clerk