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Home My WebLink About2009-06-23; City Council; Minutes (5)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 23, 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 Assistant City Clerk, as follows: Present: Lewis, Kulchin, Hall, Packard and Blackburn. Absent: None. APPROVAL OF MINUTES: Council Member Packard abstained from approval of the Minutes of May 12, 2009, due to his absence from meeting. On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were unanimously approved as presented. Minutes of the Joint Special Meeting held May 12, 2009. Minutes of the Special Meeting held June 2, 2009. Minutes of the Joint Special Meeting held June 2, 2009. Minutes of the Regular Meeting held June 2, 2009. PRESENTATION: Mayor Pro Tern Kulchin introduced MiraCosta College Board Trustee Gloria Carranza who spoke about the history of MiraCosta College and its partnership with the community. Ms. Carranza then introduced MiraCosta College President Dr. Francisco Rodriguez. Mayor Pro Tem Kulchin read a proclamation recognizing MiraCosta College's 75th anniversary. Dr. Rodriguez thanked Council for the proclamation and stated that, on behalf of MiraCosta College, it was a pleasure to be able to serve the residents of Carlsbad. CONSENT CALENDAR: Item No. 1 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #13 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. June 23, 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. 2. AB #19.861 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-149. accepting a donation from the Carlsbad Lions Club for the purpose of providing materials for the visually and hearing impaired, and appropriating funds. 3. AB #19.862 -ACCEPTANCE OF DONATIONS. Council adopted RESOLUTION NO. 2009-150. accepting individual cash donations and in-kind donations in support of the 2009 Carlsbad Loves Kids special event, and appropriating funds. 4. AB #19.863 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-151. accepting a donation to the Parks Memorial Bench/Tree Program from Ms. Raheela Bokhari for a memorial bench, and appropriating funds. 5. AB #19.864 - APPROVE ANNUAL CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT REPORT. Council adopted RESOLUTION NO. 2009-152. approving the Annual Report of the CTBID, and continuing the programs and assessments for Fiscal Year 2009-10. 6. AB #19.865 - AUTHORIZE GRANT APPLICATION. Council adopted RESOLUTION NO. 2009-153. authorizing the Public Works Director to submit an application to the California Integrated Waste Management Board for the Used Oil Grant Program Cycle 15. 7. AB #19.866 - APPROVE AGREEMENT AND PARTIAL REFUND OF PREPAYMENT FEES. Council adopted RESOLUTION NO. 2009-154. approving the form of the Refund Agreement and authorizing a partial refund of prepayment fees paid for the Rancho Santa Fe Road Project improvements, subject to completion and submittal of the Refund Agreement by applicable property owners. 8. AB #19.867 - SETTLEMENT OF CLAIM. Council adopted RESOLUTION NO. 2009-155. authorizing the settlement of the Workers' Compensation claim of Mark Widdoss. 9. AB #19.868 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of city investments as of May 31, 2009. 10.AB #19.874-APPROVE AMENDMENT NO. 11 TO AGREEMENT FOR ALGA NORTE COMMUNITY PARK. Council adopted RESOLUTION NO. 2009-164. approving Amendment No. 11 to the Agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. June 23, 2009 Carlsbad City Council Meeting Page 3 11.AB #19.869 - REQUEST FOR FINDING REGARDING MAINTENANCE AND SERVICE AGREEMENTS. Council adopted RESOLUTION NO. 2009-156. finding that, in accordance with CMC Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the maintenance and service agreements for Tree Trimming and Traffic Signal Maintenance, and providing that the determination be included in the Notices Inviting Bids due to potential cost savings. 12.AB #19.870 - FINAL MAP FOR ROBERTSON RANCH PA 21. Council adopted RESOLUTION NO. 2009-157. approving the Final Map for Robertson Ranch PA 21, and authorizing the Final Map to be recorded, CT 06-25. 13. AB#19.876 -AUTHORIZE CITY ATTORNEY TO CHALLENGE CONSTITUTIONALITY OF ANY SEIZURE OF CITY STREET MAINTENANCE FUNDS BY THE STATE OF CALIFORNIA. Council adopted RESOLUTION NO. 2009-196. authorizing the City Attorney to join with the League of California Cities and other cities and counties challenging the constitutionality of any seizure by the State of the City's Street Maintenance Funds. DISCUSSION OF CONSENT CALENDAR ITEM: 1. AB #19.860 -ACCEPTANCE OF DONATION. Library Director Heather Pizzuto introduced Library and Arts Foundation President Becky Moore. Ms. Moore gave an update on the status of the Foundation's campaign to raise funds for the Learning Center. Ms. Moore then introduced Foundation Vice President Gina McBride, who presented the $50,000 donation to City Council. Ms. McBride also said that there were naming opportunities available for various rooms in the Learning Center. She encouraged anyone that might be interested in these opportunities to contact the Foundation for further information. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-148. accepting a donation from the Carlsbad Library and Arts Foundation as partial reimbursement for the costs of the Library Learning Center. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. PUBLIC COMMENT: Kellilee Wyatt came forward to address Council. Ms. Wyatt requested that Council permit street art vending. She said she felt that every municipality should have regulations that allow street vending. June 23, 2009 Carlsbad City Council Meeting Page 4 Ms. Wyatt stated she would like to help the City create a street vending program for artists that would not interfere with local businesses that would let artists sell their wares on City streets. She explained that she had experience assisting other municipalities with these types of programs. Vivek Chawla came forward to address Council. Mr. Chawla told Council about a free community health fair on June 27, 2009 at Scripps Hospital in Encinitas from 7:00 a.m. to 11:00 a.m. He explained that screening for glucose, body fat and cholesterol would be available and local health vendors and health experts would be present to answer questions and provide assistance. Mr. Chawla advised that anyone planning to attend and take part in the glucose and cholesterol screening needed to fast 12 hours before the test. Council asked staff to review Ms. Wyatt's request regarding street art vending. City Manager Lisa Hildabrand stated that staff would review her request and report back to Council. ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER DISTRICT Mayor Lewis requested and Council agreed, and adjourned to the Special Meeting of the Municipal Water District at 6:25 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Joint Special Meeting of the City Council and Public Financing Authority and reconvened the City Council Meeting at 9:34 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 19. AB #19.873 - PLANNING COMMISSION APPOINTMENT. At the request of Mayor Lewis, Council concurred to continue the item to the July 7, 2009 Council Meeting. 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 23, 2009 Carlsbad City Council Meeting Page 5 ANNOUNCEMENTS: Karen Kundtz, Assistant City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Friends of the Carlsbad Library Annual Meeting Carlsbad Library, 1775 Dove Lane, Carlsbad, California Wednesday, June 25, 2009 - 4:00 p.m. Carlsbad Police Department Promotion Ceremony Carlsbad Public Safety and Service Center 2960 Orion Way, Carlsbad, California Monday, June 29, 2009 - 4:30 p.m. Casa de Bandini Grand Opening Event 1901 Calle Barcelona, Carlsbad, California Monday, June 29, 2009 - 5:00 p.m. ADJOURNMENT: By proper motion, the Regular Meeting of June 23, 2009 was adjourned at 8:37 p.m. (EN Assistant City Clerk Sherry Freisinger Deputy Clerk