HomeMy WebLinkAbout2007-07-10; City Council; Minutes (3)MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: July 10, 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:
Mayor Pro Tern Kulchin and Council Member Nygaard abstained from the approval of the
Minutes due to their absence from the meeting.
On a motion by Council Member Hall, minutes of the following meeting were approved
as presented:
Minutes of the Regular Meeting held June 19, 2007.
PRESENTATION:
Mayor Lewis presented a Proclamation to Regg Antle, President of the Buena Vista Lagoon
Foundation; Eric Munoz, President of the Agua Hedionda Lagoon Foundation; and, Fred
Sandquist, President of the Batiquitos Lagoon Foundation in recognition of Carlsbad Lagoon
Day on Saturday, July 14, 2007.
Council concurred to hear Departmental Report Item Nos. 18 and 19 following the Consent
Calendar.
CONSENT CALENDAR:
Item No. 3 was pulled for discussion.
Council Member Packard requested that Consent Calendar Item No. 11 reflect his vote as No.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Item Nos.1, 2 and 4 through 11 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: Packard - Consent Calendar Item No. 11.
ABSENT: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
July 10, 2007 Carlsbad City Council Meeting Page 2
1. AB #19.058 - COUNCIL POLICY 72 - MOBILE HANDHELD DEVICES.
Council adopted RESOLUTION NO. 2007-160. approving Council Policy No. 72, which
provides guidelines to individuals utilizing City-issued mobile handheld devices and
recipients of a City-issued stipend.
2. AB #19.059 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City investments as of May 31, 2007.
3. AB #19.060 - ACCEPTANCE OF DONATION.
This item was pulled for discussion.
4. AB #19.061 - UTILITY EASEMENT VACATION.
Council adopted RESOLUTION NO. 2007-162. summarily vacating a general utility
easement across parcels 2, 3 and 4 of MS 04-19A, Map 19958 on the west side of El
Fuerte Street, north of Poinsettia and south of Gateway Road (PR 07-01, CUP 06-11).
5. AB #19.062 - EASEMENT VACATION.
Council adopted RESOLUTION NO. 2007-163. summarily vacating an easement for
relinquishment of access rights from Parcel 2 of Map 19958 adjacent to El Fuerte
Street, (PR 07-35, CUP 06-11).
6. AB #19.066 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2007-167. accepting the bid and awarding the
contract to T & T Janitorial, for custodial maintenance services for various city facilities
(Bid No. 07-16).
7. AB #19.067 - EXTENSION AND AMENDMENT TO AGREEMENT.
Council adopted RESOLUTION NO. 2007-168. approving Extension and Amendment
No. 3 to the agreement with Wittman Enterprises, LLC for ambulance billing services.
8. AB #19.068 - APPROVAL OF SALARY ADJUSTMENT FOR CITY MANAGER.
Council adopted RESOLUTION NO. 2007-169. approving the adjustment to the salary
of the City Manager, effective January 1, 2007.
9. AB #19.069 - APPROVAL OF SALARY ADJUSTMENT FOR CITY ATTORNEY.
Council adopted RESOLUTION NO. 2007-170. approving the adjustment to the salary
of the City Attorney, effective January 1, 2007.
10. AB #19.070 - AMENDMENT TO AGREEMENT.
Council adopted RESOLUTION NO. 2007-171. approving the Ratification of
Amendment No. 5 to the agreement with Simon Wong Engineering for as-needed
construction management and inspection services.
11- AB #19.071 - SUPPORT FOR THE "CALLING FOR 2-1-1" ACT (S 211/HR 211).
Council adopted RESOLUTION NO. 2007-172. authorizing support for Federal funding
for the "Calling for 2-1 -1" Act (S211 /HR 211). (Council Member Packard's vote - No)
July 10, 2007 Carlsbad City Council Meeting Page 3
DISCUSSION OF CONSENT CALENDAR ITEM:
3. AB #19.060 - ACCEPTANCE OF DONATION.
Recreation Area Manager Mick Calarco came forward to address Council. Mr. Calarco
explained that the American Youth Soccer Association (AYSO) donated replacement nets and
net support poles for soccer fields at Aviara Community Park.
ACTION: On a motion by Council Member Nygaard, Council adopted
RESOLUTION NO. 2007-161. accepting a donation from the La Costa
Regional Chapter of the American Youth Soccer Association (AYSO) for
equipment and supplies for Aviara Community Park.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
Council concurred to hear Department and City Manager Report item nos. 18 and 19 at this
time.
DEPARTMENTAL AND CITY MANAGER REPORTS:
18.AB #19.064-AWARD OF CONTRACT.
City Attorney Ron Ball explained that staff had received a bid protest regarding the award of the
contract for the 2007 Slurry Seal Project; however, the protest had been withdrawn. Therefore,
staff is recommending that the bids be accepted and the contract awarded to Roy Allan Slurry
Seal.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION
NO. 2007-165. accepting bids and awarding a contract for construction of
the 2007 Slurry Seal Project to Roy Allan Slurry Seal, Project No. 3667-
14/6001-13.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
19.AB #19.072 - PRESENTATION FROM TIP (TRAUMA INTERVENTION PROGRAM).
Jae Marciano, Trauma Intervention Program (TIP) Director gave a brief overview of the
services provided by TIP.
Ms. Marciano explained that TIP is a non-profit, volunteer organization of specially trained
citizen volunteers who provide immediate emotional and practical support to victims and their
families in the first few hours following a tragedy. In closing she expressed her appreciation
for Council's continued support of the program and stated that additional information regarding
TIP can be found at www.tipsandiego.org.
July 10, 2007 Carlsbad City Council Meeting Page 4
ADJOURNMENT TO THE JOINT EMERGENCY MEETING OF THE CARLSBAD CITY
COUNCIL AND PUBLIC FINANCING AUTHORITY.
Mayor Lewis adjourned to the Joint Emergency Meeting of the Carlsbad City Council and
Public Financing Authority at 6:17 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Joint Emergency Meeting of the Carlsbad City Council and Public
Financing Authority and reconvened the City Council Meeting at 6:25 p.m. with five Council
Members present.
ORDINANCES FOR ADOPTION:
12. AB #19.073 - ESTABLISH ALL-WAY STOP ON ORION STREET AND IMPALA DRIVE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE
NO. NS-846. amending Title 10, Chapter 10.28 of the Carlsbad Municipal
Code to require a stop on Orion Street at its intersection with Impala
Drive, to require a stop on Impala Drive at its intersection with Orion
Street, and to require a stop on Impala Drive at its intersection with
Palmer Way.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
13. AB #19.074 - DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted 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.
July 10, 2007 Carlsbad City Council Meeting Page 5
14. AB #19.075 - AURA CIRCLE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE
NO. NS-847. amending Section 21.05.030 of the Carlsbad Municipal
Code granting 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.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
PUBLIC COMMENT:
Alison Gang, 9500 Oilman Drive, La Jolla, came forward to address Council. Ms. Gang
announced that UCSD-TV would begin to be broadcast on Time-Warner Cable in Carlsbad on
Channel 18 beginning Wednesday, July 11, 2007.
Ms. Gang provided Council with a Program Guide (on file in the Office of the City Clerk)
detailing the programs offered in July.
A representative from Policewatch.org spoke in support of mandatory electronic monitoring
devices for law enforcement personnel.
Hap L'Heureux, President of the New Village Arts, 1731 Calavo Court, Carlsbad, came
forward to address Council. Mr. L'Heureux expressed his appreciation for Council's support of
the New Village Arts and invited the Council and citizen's of Carlsbad to attend the upcoming
performances of Julius Caesar.
PUBLIC HEARINGS:
15. AB #19.076 - MAINTENANCE AND REPAIR OF SEWER LATERALS.
Council concurred to continue the item to the Regular Council Meeting of July 24, 2007.
16. AB #19.078 - STREET LIGHTING AND LANDSCAPE DISTRICT 1.
17. AB #19.077 - STREET LIGHTING AND LANDSCAPE DISTRICT 2.
Assistant Finance Director Kevin Branca presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk) regarding Street Lighting and Landscape
Districts 1 and 2.
Mayor Lewis opened the duly noticed Public Hearings at 6:45 p.m. and asked if anyone would
like to speak.
July 10, 2007 Carlsbad City Council Meeting Page 6
Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:45 p.m.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2007-174. confirming the diagram and assessment and providing for
the levy of the annual assessment for Street Lighting and Landscaping
District No. 1; and,
Adopted RESOLUTION NO. 2007-173. confirming the diagram and
assessment and providing for the levy of the annual assessment for Street
Lighting and Landscaping District No. 2.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT
COMMISSION.
Mayor Lewis adjourned to the Special Meeting of the Housing and Redevelopment
Commission at 6:47 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Housing and Redevelopment Commission
and reconvened the City Council Meeting at 7:15 p.m. with five Council Members present.
RECESS:
Mayor Lewis declared a recess at 7:15 p.m. Council reconvened at 7:22 p.m., with five
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
18. AB #19.064 - AWARD OF CONTRACT.
Council concurred to hear this item following Consent Calendar.
19. AB #19.072 - PRESENTATION FROM TIP (TRAUMA INTERVENTION PROGRAM .
Council concurred to hear this item following Consent Calendar.
20.AB #19.079 - PARTNERS FOR LIVABLE COMMUNITIES WORK PROGRAM AND
APPOINTMENT OF A SEVEN-MEMBER CITIZENS PROCESS COMMITTEE.
Community Development Director Sandy Holder presented the staff report and reviewed a
PowerPoint Presentation (on file in the Office of the City Clerk).
July 10, 2007 Carlsbad City Council Meeting Page 7
Ms. Holder gave a brief overview of Proposition D and outlined the following process relating
to implementation of Proposition D:
Phase 1- Prop D Process Committee
• Form Seven Member Prop D Citizens Process Committee
o 1 Planning Commissioner
o 1 Parks and Recreation Commissioner
o 1 Arts Commissioner
o 4 Citizen Members - one from each quadrant of the City of Carlsbad
Phase 2- Partners for Livable Communities Work Program
• Community Workshop facilitated by Partners for Livable Communities
• Obtain the wants and needs of the community for Prop D lands
Phase 3 - Focus Group Meetings
• Focus Group meetings facilitated by Partners for Livable Communities
• Engage in dialogue on key topics identified in Phase 2
Phase 4 - Design Charrette
• 2-Day Design Charrette facilitated by nationally recognized experts
• Outcome - Conceptual Plan representing community consensus
Phase 5 - Report to the Community
• Outcome: Summary of the community planning process and recommended actions to
complete the full implementation of Prop D.
Gary Hill, 3289 Donna Drive, Carlsbad, expressed his support for the Proposition D process
outlined by Ms. Holder.
In response to an inquiry from Council Member Packard, Ms. Holder explained that once 48
acres at Interstate 5 and Cannon Road are developed, the property owner will dedicate a
portion of the property to the City.
Council Member Nyggard expressed her support for the formation of the Prop D Process
Committee.
Mayor Lewis explained that he would prefer that the Committee be made up of eleven
members rather than seven. He further explained that to ensure process transparency to the
public, he would like to have four additional "citizens-at-large" appointed to the committee
through a lottery selection.
In closing, Mayor Lewis requested that the Council consider expanding the Committee to an
eleven-member committee.
Council Member Hall commented that a seven-member committee would be sufficient.
Council Member Packard also spoke in support of the seven-member committee.
July 10, 2007 Carlsbad City Council Meeting Page 8
Council Member Nygaard suggested and Council concurred to change the name of the
Committee to the Proposition D Citizens Liaison Committee.
Mayor Lewis stated that he would vote no on the item due to the possible public perception
that the members of the committee were solely selected by the Council.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council approved the Partners
for Livable Communities Work Program for the Implementation of
Proposition D; and,
Concurred to continue RESOLUTION NO. 2007-175. appointing four
citizens-at-large from each quadrant to the Proposition D Citizens Liaison
Committee to the Regular City Council Meeting of July 17, 2007.
AYES: Kulchin, Hall, Packard and Nygaard.
NOES: Lewis.
21. AB #19.080 - APPROVAL OF AGREEMENT.
Storm Water Manager Elaine Lukey presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Ms. Lukey gave an overview of the Clean Water Act and Carlsbad's responsibilities as a result
of the Act.
In response to an inquiry from Council Member Hall, Ms. Lukey explained that El Salto Falls is
not one of the test points at this time for gathering pollutant data.
Council Member Packard expressed concerns relating to the state mandate.
Ms. Lukey explained that the Clean Water Act is a Federal Program.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2007-176, approving a cost-sharing agreement for the Carlsbad
Hydrological Unit to establish responsibilities under the Regional Water
Quality Control Board Investigative Order R9-2006-076, and appointing a
signature authority.
AYES: Lewis, Kulchin, Hall and Nygaard.
NOES: Packard.
22. AB #19.081 - TRAFFIC SAFETY COMMISSION APPOINTMENT.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2007-177, appointing Jack Gumming to the Traffic Safety Commission.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
July 10, 2007 Carlsbad City Council Meeting Page 9
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:
City Clerk Lorraine Wood announced that Council has been invited and may attend the
following upcoming event:
Saturday, July 14, 2007
Carlsbad Lagoon Day Event
1580 Cannon Road
Carlsbad, California
Ms. Wood also announced that Time Warner Cable would be shifting the City Council Meeting
broadcast channel from Channel 3 to Channel 19 beginning July 17, 2007.
ADJOURNMENT:
By proper motion, the Regular Meeting of July 10, 2007, was adjourned at 8:05 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Sheila R. Cobian
Deputy City Clerk