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Home My WebLink About2008-09-09; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 9, 2008 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: Council Member Nygaard abstained from the approval of the August 12, 2008 minutes due to her absence from those meetings. On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were approved as presented: Minutes of the Regular Meeting held July 22, 2008 Minutes of the Special Meeting held August 5, 2008 Minutes of the Regular Meeting held August 5, 2008 Minutes of the Joint Special Meeting held August 12, 2008 Minutes of the Regular Meeting held August 12, 2008 Minutes of the Special Meeting held August 21, 2008 Mayor Lewis suggested and Council concurred to continue Public Hearing Item No. 15 - Drainage Master Plan and Planned Local Drainage Fee Program, to a future date. Mayor Lewis further explained that Council Members and the Attorney for Rancho Carlsbad Owner's Association had requested the continuance. CONSENT CALENDAR: Item Nos. 1, 4, 5, 6, 9, 10 and 13 were pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Item Nos. 3, 7, 8, 11 and 12 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. September 9, 2008 Carlsbad City Council Meeting Page 2 1. AB #19.550 - ACCEPT DONATION FOR NAMING RIGHTS FOR TENNIS COURT IN POINSETTIA PARK. This item was pulled for discussion. 2. NUMBER NOT USED. 3. AB #19.552 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of July 31, 2008. 4. AB #19.553 -APPROVE FINAL MAP FOR CT 05-05. LA COSTA GREENS NEIGHBORHOOD 1.16. This item was pulled for discussion. 5. AB #19.554 - ADVERTISE FOR BIDS AND APPROVE PROFESSIONAL SERVICES AGREEMENT FOR NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT. PROJECT NO. 3537. This item was pulled for discussion. 6. AB #19.555 -ACCEPTANCE OF DONATION. This item was pulled for discussion. 7. AB #19.556 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2008-242. accepting a donation from the San Diego Council on Literacy and authorizing the appropriation of funds to the Library budget, for the Literacy Program. 8. AB #19.557 -AWARD AGREEMENT FOR SENIOR MEAL SERVICES. Council adopted RESOLUTION NO. 2008-243. approving an agreement to EssenCo Inc. for meal preparation services for the Carlsbad Senior Center. 9. AB #19.558 - APPROVE AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES. This item was pulled for discussion. 10. AB #19.559 - NOTICE OF COMPLETION. This item was pulled for discussion. 11. AB #19.560 - APPROVE THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT. Council adopted RESOLUTION NO. 2008-246. approving the 2007-2008 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program. 12. AB #19.561 - REFUND OF BUSINESS LICENSE TAXES. Council adopted RESOLUTION NO. 2008-247. authorizing a refund of duplicate payments for business license taxes to 7-Eleven #27109C and EMC Document Sciences Corporation. 13. AB #19.562 -APPROVE AGREEMENT FOR ANIMAL CONTROL SERVICES. This item was pulled for discussion. September 9, 2008 Carlsbad City Council Meeting Page 3 DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #19.550 -ACCEPT DONATION FOR NAMING RIGHTS FOR TENNIS COURT IN POINSETTIA PARK. Senior Management Analyst Lolly Sangster came forward to address Council. Ms. Sangster introduced Joni Miringoff from the North County Junior Tennis Patrons. Ms. Miringoff presented a check for $15,000 to the Council for the naming rights of a tennis court at Poinsettia Park. Ms. Miringoff explained that the court would be named "The Glenda Hasselo Tennis Court". Ms. Miringoff also introduced members of the Hasselo family. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-237. accepting a donation from the North County Junior Tennis Patrons for naming rights to name a new tennis court in Poinsettia Park as "The Glenda Hasselo Tennis Court" and appropriating funds. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 4. AB #19.553 -APPROVE FINAL MAP FOR CT 05-05. LA COSTA GREENS NEIGHBORHOOD 1.16. Michele Levy, Carlsbad, came forward to address Council. Ms. Levy expressed concerns relating to the City's fire department having the ability to protect Carlsbad's growing population. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-239. approving the final map for CT 05-05, La Costa Greens Neighborhood 1.16. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 5. AB #19.554 - ADVERTISE FOR BIDS AND APPROVE PROFESSIONAL SERVICES AGREEMENT FOR NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPLACEMENT. PROJECT NO. 3537. Michele Levy, Carlsbad, encouraged Council to develop a Fire Department Master Plan. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-240. approving plans and specifications and authorizing the City Clerk to advertise for bids; and approving an agreement with MJS Construction Management and Engineering, Inc., for construction management and inspection services for the North Agua Hedionda Interceptor Sewer Replacement, Project No. 3537. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. September 9, 2008 Carlsbad City Council Meeting Page 4 6. AB #19.555 -ACCEPTANCE OF DONATION. Library Director Heather Pizzuto came forward to address Council. Ms. Pizzuto introduced representatives from Point Loma Credit Union and gave a brief overview of the donation in support of the Library. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-241. accepting a donation from the Point Loma Credit Union and authorizing the appropriation of funds to the Library budget, for the purchase of books for the young adult collection. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 9. AB #19.558 -APPROVE AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES. Michele Levy, Carlsbad, spoke in support of a Fire Department Master Plan for Carlsbad. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-244. approving Amendment No. 6 to the agreement with Boyle Engineering Corporation (PWENG398) for professional engineering services for the widening of El Camino Real, North of Cougar Drive, Project No. 3920. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 10. AB #19.559 - NOTICE OF COMPLETION. Michele Levy, Carlsbad, encouraged Council to develop a Fire Department Master Plan. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-245. accepting the construction of the Mira Monte Drive Access Control Gate, Project No. PWS 07-05 ENG as complete, and directing the City Clerk to record a Notice of Completion and release bonds as appropriate. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. September 9, 2008 Carlsbad City Council Meeting Page 5 13. AB #19.562 - APPROVE AGREEMENT FOR ANIMAL CONTROL SERVICES. Michele Levy, Carlsbad, spoke in support of a Fire Department Master Plan for the City of Carlsbad. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-248. approving an agreement with the County of San Diego for Animal Control Services. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCE FOR INTRODUCTION: 14. AB #19.563 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON EAGLE DRIVE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-006, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of section 10.44.840 to establish a prima facie 35 mile per hour speed limit on Eagle Drive from Palomar Airport Road to its intersection with Lionshead Avenue. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. PUBLIC COMMENT: Michele Levy, Carlsbad, encouraged Council to consider selling the building formerly known as the Farmers Insurance Building and using the funds for the completion of City parks. Steve Eidel, Carlsbad, came forward to address Council. Mr. Eidel spoke in opposition to Council Members supporting or opposing Propositions while seated on the dais unless the item is presented to the entire Council as a Resolution for adoption. Police Chief Tom Zoll came forward to address Council. Chief Zoll invited the Council and the citizens of Carlsbad to attend the upcoming Terry Bennett Memorial Competition at Legoland on Friday, September 12, 2008. September 9, 2008 Carlsbad City Council Meeting Page 6 PUBLIC HEARING: This item is continued from the Council Meeting held on August 5, 2008. 15. AB #19.568 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. Council concurred to continue the item to a future date. Council Member Hall commented that the Council had received additional correspondence regarding the item (on file in the Office of the City Clerk) and would like further time to review the proposed Plan. Mayor Lewis opened the Public Hearing at 6:35 p.m. to those individuals present who still wished to speak on the item. Scott Molloy, representing the Building Industry Association, came forward to address Council. Mr. Molloy spoke in support of continuing the item. Mayor Lewis closed the Public Hearing at 6:36 p.m. ACTION: On a minute motion by Mayor Pro Tern Kulchin, Council concurred to continue the item. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Carlsbad Municipal Water District at 6:37 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 7:13 p.m. with five Council Members present. RECESS: Mayor Lewis declared a recess at 7:13 p.m. Council reconvened at 7:19 p.m., with five members present. September 9, 2008 Carlsbad City Council Meeting Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 18. AB #19.565 - REQUEST FOR IN-KIND ASSISTANCE. Krista Jackson and Kelly Mergenthaler of La Costa Canyon High School Associated Student Body (ASB) came forward to address Council. Ms. Jackson and Ms. Mergenthaler asked that the Council approve their request for in-kind service assistance for the 2008 Homecoming Parade. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-250. approving a request from the La Costa Canyon High School Associated Student Body (ASB) Council for in-kind service assistance regarding their 2008 Homecoming Parade. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 19. AB #19.566 - REQUEST FOR IN-KIND ASSISTANCE. Lauren Weinberg, Treasurer of Carlsbad High School Associated Student Body (ASB) came forward to address Council. Ms. Weinberg requested that Council approve their request for in-kind service assistance for their 2008 Homecoming Parade. In response to an inquiry from Council Member Packard, Ms. Weinberg gave an overview of the proposed parade route. ACTION: On a motion by Council Member Packard, Council adopted RESOLUTION NO. 2008-251. approving a request from the Carlsbad High School Associated Student Body (ASB) Council for in-kind service assistance regarding their 2008 Homecoming Parade. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 20. AB #19.567 - BEACH PRESERVATION COMMITTEE APPOINTMENTS. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2008- 252. re-appointing Ed Andrews, to the Beach Preservation Committee; and, Adopted RESOLUTION NO. 2008-253. re-appointing Matthew Huff, to the Beach Preservation Committee; and, Adopted RESOLUTION NO. 2008-254. re-appointing Angela O'Hara to the Beach Preservation Committee. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. September 9, 2008 Carlsbad City Council Meeting Page 8 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: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, September 11, 2008 at 5:30 p.m. Carlsbad Citizens' Academy 1200 Carlsbad Village Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of September 9, 2008 was adjourned at 7:28 p.m. / LORRAINE M. WOOD, CMC City Clerk Sheila R. Cobian Deputy City Clerk