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Home My WebLink About2009-02-17; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 17, 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 Deputy 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 meeting were approved as presented: Minutes of the Special Meeting held February 6, 2009. LEGISLATIVE INVOCATION: Mayor Lewis offered the Legislative Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kulchin led the Pledge of Allegiance. PRESENTATION: Council Member Blackburn presented a Proclamation to Gerald Hampton in recognition of the NAACP 100 Year Anniversary. Council Member Packard presented a Proclamation to Linda Allington of the Carlsbad Fire Department, Jessica Padilla-Bowen of the Carlsbad Library, Rachel McGuire of the Carlsbad Communications Department and Maureen O'Connor from the American Heart Association in recognition of American Heart Month. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Item Nos. 1 through 4 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. February 17, 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 #19.725 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2009-035. accepting bids and awarding a contract to T&M Electric, Inc. for the construction of the traffic signal at Faraday Avenue and Rutherford Road, Project No. 6312-1. 2. AB #19.726 - APPROVE AN ENTRY PERMIT AGREEMENT WITH SAN ELIJO HILLS COMMUNITY ASSOCIATION. Council adopted RESOLUTION NO. 2009-036. approving an agreement with San Elijo Hills Community Association for a temporary entry permit necessary to construct the Rancho Santa Fe Road Mitigation Project, Project No. 3907. 3. AB #19.727 - DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2009-037. 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. 4. AB #19.728 - GENERAL UTILITY AND ACCESS EASEMENT VACATION. Council adopted RESOLUTION NO. 2009-038. summarily vacating portions of the general utility and access easement over Lot 4 and Lot 5 of Bressi Ranch Commercial, CT 06-24 and PR 08-49. ORDINANCES FOR ADOPTION: 5. AB #19.729 -AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING ELIGIBILITY FOR OFFICE. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-023, adding Section 2.04.060 and amending Section 2.06.090 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. February 17, 2009 Carlsbad City Council Meeting Page 3 6. AB #19.730 -AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING CITY COUNCIL COMPENSATION. Assistant City Attorney Jane Mobaldi titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-024. amending Sections 2.04.010 and 2.04.020 of the Carlsbad Municipal Code to reduce the compensation for the Mayor and City Council Members by 5%. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. PUBLIC COMMENT: Jeanie Tuck Korbacher, Carlsbad, came forward to address Council. Ms. Korbacher expressed concerns relating to property on Carlsbad Village Drive and Victoria Avenue recently placed on the market for sale. She further explained that the property currently consists of walking paths and open space. In conclusion, she stated that she did not want to see the property developed. Council Member Blackburn commented that the property located on Carlsbad Village Drive and Victoria Avenue known as "Village H" has strict regulations regarding what can be done with the property and stated that he would contact Ms. Korbacher to discuss the limitations on the property. Walt Meier, Carlsbad, came forward to address Council. Mr. Meier also expressed concerns relating to the sale of the property located on Carlsbad Village Drive and Victoria Avenue. He suggested that the City consider purchasing the property. Tom Watson, Carlsbad, came forward to address Council on behalf of Carlsbad Youth Baseball. Mr. Watson stated that the Organization recently found that they have a financial deficit. He requested that anyone wishing to assist the organization contact them by visiting www.carlsbadyouthbaseball.org or by calling 858-864-7856. Velia Deal, came forward to address Council. Ms. Deal also expressed concerns relating to the possible sale of the property located on Carlsbad Village Drive and Victoria Avenue. Council Member Blackburn asked that Ms. Deal provide her contact information to the Clerk so that he could contact her regarding the property and her concerns. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 6:32 p.m. with five Council Members present. February 17, 2009 Carlsbad City Council Meeting Page 4 RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 6:44 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: 8. AB #19.731 -AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE DIRECTIVE REVISIONS. Associate Planner Kevin Pointer 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 Blackburn, Mr. Pointer explained that although $2 million dollars has been encumbered for the construction of the La Posada project, the applicant, Catholic Charities, has not yet started to expend the encumbered funds because of uncertainty in obtaining operational funding for the facility. In response to Council Member Packard, Mr. Pointer stated that the Committee did not place any guidelines or conditions on the La Posada project for securing operational funding. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced RESOLUTION NO. 2009-039. approving revisions to the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee's method of carrying out its directive and authorizing said committee to proceed with the solicitation of applications for grant requests to implement the Agricultural Conversion Mitigation Fee Program. 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. February 17, 2009 Carlsbad City Council Meeting Page 5 ANNOUNCEMENTS: Sheila Cobian, Deputy City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, February 18, 2009 - 8:15 a.m. Stater Bros. Ribbon Cutting 2687 Gateway Road Carlsbad, California Wednesday, February 18, 2009 - 11:00 a.m. Carlsbad City Council Study Session Faraday Center 1635 Faraday Avenue Carlsbad, California Friday, February 20, 2009 - 6:00 p.m. Carlsbad Chamber of Commerce Annual Event Four Seasons Resort Aviara 7100 Four Seasons Point Carlsbad, California Tuesday, February 24, 2009 - 8:00 a.m. Carlsbad City Council Pension Workshop Carlsbad Public Safety Center 2560 Orion Way Carlsbad, California Tuesday, March 3, 2009 - 8:00 a.m. Carlsbad City Council Goal Setting Workshop Carlsbad Maintenance & Operations Facility (CMWD) 5950 El Camino Real Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of February 17, 2009 was adjourned in honor of Alex the "Flag Man" Kapitanski at 6:56 p.m. SHEILA R. COBIAN Deputy City Clerk