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Home My WebLink About2009-09-22; City Council; MinutesMINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: CITY COUNCIL (Regular Meeting) September 22, 2009 6:00 p.m. 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 Clerk, as follows: Present: Lewis, Kulchin, Hall, Packard and Blackburn. Absent: None. PRESENTATIONS: Mayor Pro Tern Kulchin presented a proclamation to Library Director Heather Pizzuto recognizing the 10th Anniversary of the Carlsbad Library. Ms. Pizzuto thanked Council for acknowledging the success of the Carlsbad Library. Council Member Hall presented a Proclamation to Emergency Preparedness Coordinator David Harrison in recognition of National Preparedness Month. Mr. Harrison announced that the following volunteers serve as members of the City of Carlsbad CERT team: Steve Annette Janet Bob Carolyn David Bill Lowell Peter Shaun Gordon Barbara John Susan Bandich Brown Brown Culbert Erwin Garber Gelfound Grimaud Haenebalcke Healey Hoard Honig Hubbard Igoe Lisa Kathyj Joya Lisa Gary Nick Betty Laura Robert Elaine Craig Illianna-Jessup Kinane LeVeille Morganti Nessim Nutter Roberts Tezer Todd Tutterrow Wheatcroft September 22, 2009 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR: Item Nos. 1 through 3 were pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Item # 4 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.965 -APPROVE RATIFICATION OF AGREEMENT. This item was pulled for discussion. 2. AB #19.966 - REPORT OUT SETTLEMENT AGREEMENT. This item was pulled for discussion. 3. AB #19.967 - ACCEPTANCE OF GRANT FUNDS. This item was pulled for discussion. 4. AB #19.969 - APPROVE AGREEMENTS FOR THE FLEET MANAGEMENT SOFTWARE SYSTEM. Council adopted RESOLUTION NO. 2009-236. approving a Professional Services Agreement, Software License Agreement, Software Maintenance Agreement, and Software Application Service Provider Agreement with AssetWorks, Inc., for the purchase, implementation, maintenance and hosting of a computerized fleet management software system. DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #19.965 -APPROVE RATIFICATION OF AGREEMENT. Jack Shubin, representing North Coast Calvary Chapel came forward stating he was available to answer any questions Council might have on this item. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-234. approving the ratification of a reimbursement agreement with North Coast Calvary Chapel of costs for the construction of the Aviara Parkway and Camino de las Ondas traffic signal; and, authorizing the appropriation of funds. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. September 22, 2009 Carlsbad City Council Meeting Page 3 2. AB #19.966 - REPORT OUT SETTLEMENT AGREEMENT. Assistant City Attorney Jane Mobaldi summarized the settlement agreement for Council. She explained that the City instituted litigation against the California Coastal Commission and State Parks Department for the installation of a fee collection device at the entrance of the Tamarack Beach parking lot. Ms. Mobaldi added that during the two year litigation process, parking remained free. Ms. Mobaldi further explained that the City negotiated with the State Parks Department to include an hourly parking fee along with the daily parking fee to allow a larger segment of the population to use the parking lot and to mitigate the impacts on the surrounding neighborhood. She also added that the settlement agreement requires the State Parks Department to comply with a monitoring program to review the impacts of the fee installation device during the term of the permit. In response to an inquiry from Council Member Hall, Ms. Mobaldi said the State Parks Department indicated it felt it could generate approximately $590,000 annually with the collection device. She added that the Department said its expenses for this area were $700,000 annually. Council Member Hall asked Ms. Mobaldi to explain the City's offer to the State Parks Department. Ms. Mobaldi said that the City's offer contained capital improvements to upgrade the conditions of the restrooms and parking lot for the first year and subsequent annual maintenance subsidies in excess of what the City had previously paid to the State to offset parking fees. She added that the Parks Department declined the offer. ACTION: On a motion by Mayor Pro Tem Kulchin, Council accepted the report on the Settlement Agreement with the California Coastal Commission and State Department of Parks and Recreation over the environmental impacts of paid parking at the state-owned parking lot at Tamarack Avenue and Carlsbad Boulevard. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. 3. AB #19.967 - ACCEPTANCE OF GRANT FUNDS. Public Works Director Glen Pruim and Deputy City Engineer John McKelvey, came forward to explain the grant funds award. Mr. McKelvey stated that the grant will assist with retrofitting 7,000 streetlights that will save 3 million kilowatts and reduce 1,240 tons of greenhouse gasses annually. Mr. Pruim stated that the grant constituted one-third of the cost of the project. September 22, 2009 Carlsbad City Council Meeting Page 4 In response to an inquiry from Council Member Packard, Mr. McKelvey explained that the payback time frame is less than five years and the retrofitting project will take about 16 to 18 months to accomplish. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-235. accepting Energy Efficiency and Conservation Block Grant funds from the U.S. Department of Energy to partially fund the Streetlight Retrofit and Relamping Project; and, authorizing the City Manager to sign documents accepting the funds. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. Council ORDINANCES FOR ADOPTION: 4. AB #19.968 - REGULATING THE CONSUMPTION OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES BY MINORS AT PARTIES. GATHERINGS OR EVENTS. John Byron from North Coastal Prevention Coalition came forward and thanked Council for addressing this issue. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-053, amending Title 8 of the Carlsbad Municipal Code by the addition of Chapter 8.45, to deter the consumption of alcoholic beverages and controlled substances by minors at parties, gatherings and events, and to establish criminal liability for those hosting the events. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. 5. AB #19.970 - ADOPTING PROCEDURES TO GRANT AN EMERGENCY COASTAL DEVELOPMENT PERMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-054. amending the Carlsbad Municipal Code, Sections 21.201.190(E) and 21.80.170(g), setting forth procedures for granting an Emergency Coastal Development Permit. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. September 22, 2009 Carlsbad City Council Meeting Page 5 6. AB #19.971 - ADOPT TAXICAB DRIVER PERMIT REQUIREMENTS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-055. amending the Carlsbad Municipal Code, Section 5.20.140 to require applicants for taxi cab driver permits in the City of Carlsbad to submit a County of San Diego Sheriff's Department taxi driver identification card. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. 7. AB #19.972 - TABATA 10. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-056. amending the Carlsbad Municipal Code, Section 21.05.030 to amend the zoning map to grant a zone change from limited control (L-C) to one family residential (R-1) on property generally located at the northeast end of Camino Hills Drive, along the west side of El Camino Real. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. 8. AB #19.973 - DESALINATION PROJECT CHANGES. Cliff Williams from Latham & Watkins LLP, representing Poseidon Resources, came forward to address Council. Mr. Williams referred to a letter submitted earlier on September 22, 2009, in response to the letter and documents submitted by Coast Law Group at the September 15, 2009 Council meeting. In response to an inquiry from Council Member Hall, City Attorney Ron Ball said that it was his understanding that Coast Law Group may file a lawsuit. He explained that a judge will review the administrative record that will include all the proceedings before, and action taken by, the Council. It will be the judge's decision whether or not the court should consider the late comment letter and subsequent 800 page document submitted by Coast Law Group on September 15, 2009. He further explained that the letter submitted earlier today by Poseidon Resources and the memorandum from the Planning Director submitted this evening is a response to those comments. City Attorney Ron Ball titled the Ordinances. September 22, 2009 ACTION: Carlsbad City Council Meeting Page 6 AYES: NOES: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-057. approving an amendment to the Encina Specific Plan to incorporate Precise Development Plan POP 00- 02(B) for the Encina Power Station and Carlsbad Seawater Desalination Plant located at 4600 Carlsbad Boulevard; and, Adopted ORDINANCE NO. CS-058. amending the Encina Power Station Precise Development Plan POP 00-02, to approve changes to the Carlsbad Seawater Desalination Plan proposed at the Encina Power Station; and, Adopted ORDINANCE NO. CS-059. approving the amended and restated Development Agreement DA 05-01 (A), with Poseidon Resources (Channelside )LLC to provide for the construction of the Carlsbad Seawater Desalination Plant and appurtenant facilities, including pipelines, located at the Encina Power Station and offsite of the Power Station. Lewis, Kulchin, Hall, Packard and Blackburn. None. PUBLIC COMMENT: Glenn Bernard of Carlsbad came forward to address Council. Mr. Bernard suggested that the City initiate a program to permit residents who ask for broken pieces of cement that are created by the City due to maintenance, be delivered to those residents at no cost to the city. 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 6:41 p.m. RECONVENE TO THE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 6:54 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB #19.975 - NORTH COUNTY TRANSIT DISTRICT MOBILITY PLAN STUDY REPORT. Julie Austin representing North County Transit District (NCTD), explained NCTD's Mobility Plan Study with a PowerPoint Presentation (on file in the Office of the City Clerk). Mayor Pro Tern Kulchin asked if NCTD was looking into purchasing or retrofitting existing buses into smaller buses for use in Carlsbad. Ms. Austin stated that part of the survey being conducted will assist in determining which routes would work best with smaller buses. September 22, 2009 Carlsbad City Council Meeting Page 7 Council Member Hall asked Ms. Austin to explain NCTD's economic challenges. Ms. Austin said that the District projected it would receive $10 million from State Transit Assistance Funds. She explained that a loophole in the law allows the Governor to take the transit funds and use them for other purposes for five years. Ms. Austin stated the transit funds comprise 10% of NCTD's operating budget. She added that the District is also looking at a tax revenue decline. 10. AB #19.976 - HOUSING COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2009-237. appointing Susan Igoe to the Housing Commission. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: 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: Sherry Freisinger, Deputy Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Friday. September 25. 2009 at 3:30 p.m. Carlsbad City Library 10th Anniversary Event 1775 Dove Lane, Carlsbad, California Tuesday. September 29. 2009 at 11:00 a.m. Power of Vision Press Conference Cannon Park Northeast Corner of Carlsbad Village Drive and Cannon Road Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of September 22, 2009 was adjourned at 7:17 p.m. Freisihger Deputy Clerk