HomeMy WebLinkAbout2009-02-10; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: February 10, 2009
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 Blackburn.
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were
unanimously approved as presented:
Minutes of the Regular Meeting held January 27, 2009
Minutes of the Joint Special Meetings held January 27, 2009
PRESENTATIONS:
Representatives from Kids for Peace expressed their appreciation to the City Council for the
services and facilities provided in Carlsbad. The children presented each Council Member
with a Valentine Card.
Mayor Pro Tem Kulchin presented a Proclamation to retired Police Sergeant Keith Blackburn in
recognition of his 21 years of service to the City of Carlsbad.
Council Member Hall presented a Proclamation to retired Police Officer Alex Mitkevich in
recognition of his 26 years of service to the City of Carlsbad.
CONSENT CALENDAR:
Item No. 1 was pulled for discussion.
City Attorney Ron Ball explained that Council would be adopting revised Resolution No.
2009-032 of Agenda Item Number 13 due to a typo on the amount of funding allocated to the
Carlsbad Village Business Association. The revised resolution reflects the correct figure of
$5,000 rather than $8,000.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Item Nos. 2 through 13 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
February 10, 2009 Carlsbad City Council Meeting Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #19.706 -ACCEPT DONATION FROM THE FRIENDS OF THE CARLSBAD CITY
LIBRARY.
This item was pulled for discussion.
2. AB #19.707 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-022. accepting the construction of the
Poinsettia Sewage Lift Station Upgrade as complete, and directing the City Clerk to
record the Notice of Completion, Project No. 38751.
3. AB #19.708 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-023. accepting citywide asphalt repairs as
complete, and directing the City Clerk to record the Notice of Completion, Contract No.
PWS06-29STS.
4. AB #19.709 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-024. accepting the installation of 36 Traffic
Signal Battery Backup Systems as complete, and directing the City Clerk to record the
Notice of Completion, Contract No. UPS-2.
5. AB #19.710 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-025. accepting the La Costa Canyon Park
restroom renovation as complete, and directing the City Clerk to record the Notice of
Completion, Contract No. PKS 08-02.
6. AB #19.711 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-026. accepting the Summer 2008 Concrete
and Hardscape repairs as complete, and directing the City Clerk to record the Notice of
Completion, AL1, Project No. 6021, Contract No. STS 08-02.
7. AB #19.712 - DECLARATION OF A LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2009-027. declaring a continued State of Local
Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550
Carlsbad Boulevard, Project No. 3624.
8. AB #19.713 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-028. accepting the construction of the 2008
ARAM and Slurry Seal as complete, and directing the City Clerk to record the Notice of
Completion, Project No. 6001-08 (SS).
9. AB #19.714 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-029. accepting the construction of the 2008
Pavement Overlay as complete, and directing the City Clerk to record the Notice of
Completion, Project No. 6001-08(OL).
February 10, 2009 Carlsbad City Council Meeting Page 3
10. AB #19.715 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-030. accepting the construction of the City Library
Learning Center as complete, and directing the City Clerk to record the Notice of Completion,
Project Nos. 3771 and 4001.
11. AB #19.716 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on City investments as of December 31, 2008.
12. AB #19.717 - AUTHORIZATION TO APPLY FOR THE 2009-2010 PUBLIC LIBRARY
STAFF EDUCATION PROGRAM GRANT.
Council adopted RESOLUTION NO. 2009-031. authorizing the Carlsbad City Library to
apply for a grant from the California State Library for the 2009-2010 Public Library Staff
Education Program, and directing the City Finance Department to appropriate any
awarded funds to the Library's Administration budget for tuition reimbursement.
13.AB #19.718-COMMUNITY ACTIVITY GRANTS FY2008-09 FUNDING
RECOMMENDATION.
Council adopted RESOLUTION NO. 2009-032. accepting the recommendations of the
Community Activity Grants Citizen Review Committee to allocate funds to the
organizations identified.
DISCUSSION OF CONSENT CALENDAR ITEM:
1. AB #19.706 - ACCEPT DONATION FROM THE FRIENDS OF THE CARLSBAD CITY
LIBRARY.
Mayor Pro Tern Kulchin expressed her appreciation for the donation from the Friends of the
Carlsbad City Library.
Arthur Wood, President of the Friends of the Carlsbad City Library came forward to address
Council. Mr. Wood commented that the Friends are pleased to have the opportunity to
support Carlsbad's libraries.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2009-021. accepting a donation from Friends of the Carlsbad City
Library for materials and for the 2009 Carlsbad Reads Together
program, and authorizing the appropriation of donated funds.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ORDINANCES FOR INTRODUCTION:
14.AB #19.719 -AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING
ELIGIBILITY FOR OFFICE.
City Attorney Ron Ball titled the Ordinance.
February 10, 2009 Carlsbad City Council Meeting Page 4
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-023. adding section 2.040.060 and amending
section 2.060.090 of the Carlsbad Municipal Code regarding eligibility for
the offices of Mayor and City Council Member.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
15.AB #19.720 -AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING CITY
COUNCIL COMPENSATION.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-024. amending sections 2.04.010 AND 2.04.020
of the Carlsbad Municipal Code regarding Compensation for the Mayor
and City Council Members.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ORDINANCE FOR ADOPTION:
16. AB #19.721 -AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE REGARDING
PARKS AND BEACHES.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE
NO. CS-022. amending Section 11.32.030, expanding acts that are
prohibited in parks and at the beach; and, amending Section 11.32.040,
prohibiting glass containers in parks and at the beach; and, adding
Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from
Chapter 10.04 of the Carlsbad Municipal Code.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Glenn Bernard, Carlsbad, came forward to address Council. Mr. Bernard spoke in support of
modifications to the City's current regulations regarding lot coverage and setbacks. He
requested that the City consider allowing lot coverage of more than 40% and 5 foot setbacks.
Walt Meier, Carlsbad, encouraged the Council to consider partnering with surrounding
agencies for the construction of the Police and Fire Training Facility. He stated that a
partnership would result in savings to the City.
February 10, 2009 Carlsbad City Council Meeting Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
17.AB #19.722 - PRESENTATION FROM BRESSI RANCH RESIDENTS.
In response to a request from Mayor Lewis, Housing and Redevelopment Director Debbie
Fountain explained that the allocation of CDBG Funding is a Federal program that is
administered by the City. She explained that funding requests are reviewed by a Council
appointed committee consisting of a Planning Commissioner, Housing Commissioner, Senior
Commissioner and a citizen at large from each of the four City quadrants.
Ms. Fountain also explained that once the funding requests are reviewed by the Committee,
the Committee then makes recommendations to the City Council. The City Council holds a
Public Hearing to consider the various requests and Committee recommendations. Once
approved by the City Council, the funding requests are forwarded to the Federal
Government. In closing, Ms. Fountain explained that the CDBG Funding program is audited
by the Federal Government to ensure that the regulations of administering the program are
followed.
In response to Council, City Attorney Ron Ball explained that any home that assists six or
fewer mentally disabled persons is deemed by the law to be a residential, single-family
home. Referencing a letter to Mr. Jim Benson dated January 13, 2009 (on file in the Office
of the City Clerk), Mr. Ball reviewed the state laws governing the location, permitting and
operation of homes such as the TERI, Inc. home purchased in the Bressi Ranch
neighborhood.
Dana Matas and John McConnin, representing residents of Bressi Ranch, gave a
PowerPoint Presentation (on file in the Office of the City Clerk) to the City Council regarding
the TERI, Inc. Group Home which was purchased in the Bressi Ranch neighborhood.
Ms. Matas and Mr. McConnin expressed concerns relating to the amount of grant funding
spent by TERI, Inc. to purchase a home in the Bressi Ranch Neighborhood. They
commented that two less expensive homes could have been purchased elsewhere for the
amount of money that was spent on the home in Bressi Ranch. Ms. Matas also questioned
whether or not TERI, Inc. was in breach of contract with the City for using the CDBG funds to
purchase a home in a neighborhood that was not in need of rehabilitation.
In conclusion Ms. Matas suggested that the City take one of the following actions:
• Ask that TERI, Inc. sell the home in Bressi Ranch and use funds to purchase a home
in a neighborhood that needs rehabilitation.
• Ask that TERI, Inc. refund the CDBG Funds altogether.
• Investigate TERI, Inc. contractual inconsistencies and violations before approving
further funding of any kind.
The following individuals spoke in support of the TERI, Inc. organization and the services
they provide:
• Charlene Moore
• Lynette Ohlson
February 10, 2009 Carlsbad City Council Meeting Page 6
The following individuals expressed concerns relating to the purchase of the home in Bressi
Ranch by TERI, Inc. for the purpose of housing up to six developmentally disabled men:
• Dave Quinby
• Mimi Manzano
• Jim Benson
• Judith Lundin
• Diana Grogan
Ms. Manzano provided the Council with documented violations (on file in the Office of the
City Clerk) found at the home operated by TERI, Inc. in Oceanside.
In response to Mayor Lewis, City Attorney Ron Ball confirmed that he had reviewed the
contract with TERI, Inc. for the CDBG Funding and had found that TERI, Inc. was not in
breach of contract.
Housing and Redevelopment Director Debbie Fountain explained that the TERI Inc. grant
application was specific in that the home would be a single family dwelling in the City of
Carlsbad. She further explained that TERI Inc. was not required to notify the City of Carlsbad
of the location of the home they planned to purchase using the CDBG grant funds.
TERI Inc. Executive Director Cheryl Kilmer came forward to address Council. Ms. Kilmer
explained that the home purchased in Bressi Ranch will provide a home for up to six
developmentally disabled men. She further explained that the home would not need any
renovations thus making the purchase economically feasible.
RECESS:
Mayor Lewis declared a recess at 7:50 p.m. Council reconvened at 8:00 p.m., with five
members present.
Council discussion ensued regarding their support for TERI, Inc. and their purchase of a
home in Bressi Ranch to serve developmentally disabled individuals.
Council received the presentation.
18. AB #19.723 -APPEAL FROM MR. PEABODY'S PUB AND GRILL REGARDING THE
DEPARTMENT OF ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION.
Council Member Hall stepped down from the dais at 8:08 p.m. citing conflict of interest,
owning property near the subject area.
Police Captain Mike Shipley briefly reviewed a PowerPoint slide (on file in the Office of the
City Clerk) displaying crime statistics in the downtown village area.
In response to an inquiry from Council Member Blackburn, Captain Shipley explained that the
Police Chiefs recommendation to the Alcohol Beverage Control (ABC) Board was based on
alcohol related activity in the downtown area and not specifically related to Mr. Peabody's
Pub and Grill or any other establishment.
February 10, 2009 Carlsbad City Council Meeting Page 7
In response to Mayor Lewis, City Attorney Ron Ball explained that once the ABC Board
places conditions on a license for an establishment, the Council would not have jurisdiction
to make changes to the license. He further explained that although the Carlsbad Police
Department makes recommendations regarding license conditions, the ABC Board makes
the final determination.
Jesse Mallinger, Attorney representing Mr. Peabody's, came forward to address Council. Mr.
Mallinger introduced Managing Member of Mr. Peabody's Brie Cardosa and displayed a brief
video clip regarding the routine operating conditions of Mr. Peabody's Pub and Grill.
Mr. Mallinger explained that Peabody's is a family friendly operation and is asking that the
establishment be granted the extension of alcohol serving hours to 2:00 a.m. In closing Mr.
Mallinger invited the Council Members to visit Mr. Peabody's to determine if extending the
alcohol serving hours to 2:00 a.m. would pose a problem in the downtown village area.
Council Member Blackburn stated that after visiting Mr. Peabody's, he could support the
appeal filed by Ms. Cardosa. He explained that Mr. Peabody's should not be held to a
different standard than surrounding establishments.
Council Member Packard stated that he would not support the appeal explaining that by
extending the alcohol serving hours of the establishment, the type of clientele drawn to Mr.
Peabody's will change having a negative impact on the downtown village area.
Mayor Pro Tern Kulchin and Mayor Lewis stated that they could support granting the appeal
as a result of the fairness issue. They explained that Mr. Peabody's should be permitted to
operate in the same manner as the surrounding establishments.
ACTION: On a motion by Council Member Blackburn, Council referred the item to
the City Attorney to return with a Resolution at a future Council meeting
granting the appeal filed by Brie Cardosa on behalf of Mr. Peabody's, LLC.
AYES: Lewis, Kulchin and Blackburn.
NOES: Packard.
ABSENT: Hall.
Council Member Hall returned to the dais at 8:38 p.m.
19. AB #19.724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT
APPLICATION FOR BARRIO AREA LAND USE STUDY.
Principal Planner David De Cordova presented a 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. De Cordova explained that the
SANDAG timeline for approving grants will be in May of 2009 with distribution of funds soon
after.
February 10, 2009 Carlsbad City Council Meeting Page 8
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2009-034. authorizing the filing of an application for the Smart
Growth Incentive Program Grant Funds through the San Diego
Association of Governments for the Barrio Area Land Use Study.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
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.
ADJOURNMENT:
By proper motion, the Regular Meeting of February 10, 2009 was adjourned at 9:02 p.m.
LORRAINEM. WOOD, CMC
City Clerk
Sheila R. Cobian
Deputy City Clerk