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HomeMy WebLinkAbout2009-07-21; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 21, 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 June 16, 2009. Minutes of the Joint Special Meetings held June 16, 2009. Minutes of the Special Meeting held June 23, 2009. Minutes of the Regular Meeting held June 23, 2009. Minutes of the Joint Special Meetings held June 23, 2009. Minutes of the Regular Meeting held July 7, 2009. Minutes of the Joint Special Meetings held July 7, 2009. LEGISLATIVE INVOCATION: Mayor Lewis gave the legislative invocation. PLEDGE OF ALLEGIANCE: Council Member Blackburn led the Pledge of Allegiance. CONSENT CALENDAR: Item No. 4 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #3 and Item #5 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. July 21, 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 #19.912 - COMMEMORATE THE ONE-YEAR ANNIVERSARY OF THE CARLSBAD CHARTER. Council adopted RESOLUTION NO. 2009-195. directing the City Clerk to place copies of the City Charter at the beginning of the Municipal Code and to request the City's codification service to include the charter in every addition. 2. AB #19.899 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-187. accepting a donation from Keith Blackburn to benefit the Carlsbad Senior Center and appropriating funds to the Senior Programs Donation account. 3. AB #19.900 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2009-198. accepting bids and awarding a contract to Sancon Engineering, Inc. for the North Batiquitos Interceptor Sewer Manhole Rehabilitation, Project No. 3538. 5. AB #19.902 - AMENDMENT TO AGREEMENTS. Council adopted RESOLUTION NO. 2009-190. approving Amendment No. 5 to the agreement with Cotton Bridges Associates, for the preparation of an Environmental Impact Report (EIR 01-02 - La Costa Town Square); and, amending the agreement with La Costa Town Square, LLC for payment of EIR Consultant. DISCUSSION OF CONSENT CALENDAR ITEM: 4. AB #19.901 -ACCEPTANCE OF TRANSNET ENVIRONMENTAL MITIGATION PROGRAM GRANT FOR THE LAKE CALAVERA PRESERVE PLANNING AREA ACCESS CONTROL AND HABITAT RESTORATION PROJECT. Council Member Hall gave an overview of the grant and recognized those individuals who participated in the grant acquisition: Associate Planner Barbara Kennedy, Preserve Steward Roseanne Humphrey and Park Planner Liz Ketabian. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2009-189. accepting a reimbursement grant award from the SANDAG TransNet Environmental Mitigation Program Fiscal Year 2009-2010 Land Management Grant; and, authorizing the City Manager to enter into the Grant Agreement contract between SANDAG and the City; and, directing the Finance Director to appropriate the funds to the Habitat Management program. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. July 21,2009 Carlsbad City Council Meeting Page 3 At the request of Mayor Lewis, Council concurred to address agenda Item #12. 12. AB #19.908 - PROPOSAL TO RENAME BASEBALL FIELD #1 AT POINSETTIA PARK THORP FIELD. Public Works Superintendent Kyle Lancaster presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). The following individuals came forward to address Council and spoke in support of renaming Baseball Field #1 at Poinsettia Park Thorp Field: Beth and Brad Thorp, Andrew Breihan, Tom Watson, Eugene Adan, Dave Walker and Terri Healy. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2009-191. approving the renaming of Baseball Field #1 at Poinsettia Park Thorp Field. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. RECESS: Mayor Lewis declared a five minute recess at 6:36 p.m. RECONVENE MEETING: Mayor Lewis reconvened the Council Meeting with five Council Members present at 6:41 p.m. ORDINANCE FOR INTRODUCTION: 6. AB #19.903 -AMEND CARLSBAD MUNICIPAL CODE REGARDING VACANCIES OF ELECTED OFFICIALS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-044, amending Sections 2.04.030 and 2.06.080 of the Carlsbad Municipal Code changing the thirty (30) days allotted to fill an elected official's vacancy or call for a special election to sixty (60) days and changing the title of Section 2.04.030. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. July 21, 2009 Carlsbad City Council Meeting Page 4 ORDINANCES FOR ADOPTION: 7. AB #19.904 -AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING QUALIFICATIONS OF CITY CLERK. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-042. adding Section 2.08.032 to the Carlsbad Municipal Code establishing certain minimum criteria for eligibility to the elected office of City Clerk. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 8. AB #19.905 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING BUSINESS LICENSE COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS AND ORDINANCES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-043. adding Section 5.04.160 to the Carlsbad Municipal Code to preclude the City from knowingly issuing a business license for any enterprise or purpose that is contrary to federal, state or local laws and ordinances. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. PUBLIC COMMENT: No public comment was presented. ADJOURNMENT TO THE REGULAR MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Regular Meeting of the Housing and Redevelopment Commission at 6:46 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 7:25 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #19.907 - PRESENTATION ON ECONOMY FROM REPRESENTATIVE FROM SANDAG. July 21, 2009 Carlsbad City Council Meeting Page 5 Marney Cox, Chief Economist from SANDAG, gave a PowerPoint presentation (on file in the Office of the City Clerk). 13. AB #19.909 - APPEAL OF TRAFFIC SAFETY COMMISSION DENIAL TO IMPLEMENT A PARKING RESTRICTION AT NIGHT ON PASEO DESCANSO. Deputy Public Works Director Bob Johnson presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Brian Fennel, Carlsbad, gave a presentation reviewing how night parking on Paseo Descanso is affecting the quality of life for residents on that street. Robert Woelffer, President of the Home Owners' Association of Rancho Carrillo answered questions for Council. The following individuals came forward to address Council and spoke in support of implementing parking restrictions at night on Paseo Descanso: Cheryl Pia, Robbi Frankel, Bob Walin, Janelle Fennel, John Brandt, Rebecca Brandt, Deborah Taylor, and Michael Eddy. The following individuals came forward to address Council and spoke in opposition to implementing parking restrictions at night on Paseo Descanso: Dean Nathans, Kirstin Farella, Mrs. Lyon, Lila Avila, Steven Halme, Linda Very and Robin Hemingman. ACTION: On a motion by Mayor Pro Tern Kulchin, Council granted the appeal of the Traffic Safety Commission decision and directed the City Attorney to return with documents restricting parking at night on Paseo Descanso AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. RECESS: Mayor/President Lewis declared a five minute recess at 9:54 p.m. RECONVENE MEETING: Mayor/President Lewis reconvened the Council/Board Meeting with five Council/Board Members present at 9:59 p.m. 14. AB #19.910 - APPROVE THE CITY SEWER SYSTEM MANAGEMENT PLAN. Can Dale Public Works Manager and Don Wasko Public Works Superintendent presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Allen Wanamaker, Carlsbad, came forward to address Council. Mr. Wanamaker stated concerns regarding the interceptor installation as being "overkill" for smaller establishments. July 21 , 2009 Carlsbad City Council Meeting Page 6 ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2009-192. approving the Sewer System Management Plan (SSMP) for the City of Carlsbad; and, authorizing the Deputy Public Works Director or the Public Works Manager to certify the City's program implementing the SSMP and to submit the Report to the State Water Resources Control Board. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 15. AB #19.91 1 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2009-193. appointing Steve Gallagher to the Traffic Safety Commission; and, adopted RESOLUTION NO. 2009-194. appointing Jairo Valderrama to the Traffic Safety Commission. 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. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: ADJOURNMENT: By proper motion, the Regular Meeting of July 21, 2009 was adjourned at 10:32 p.m. LORRAINE M. WOOD, CMC City Clerk MORGEN FRY Deputy Clerk