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Home My WebLink About2009-12-08; City Council; Minutes (4)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: DECEMBER 8, 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. PRESENTATIONS: Council presented a Retirement Proclamation to Greg Clavier and thanked him for 35 years of service to the City of Carlsbad. Council presented a Proclamation in Recognition of Housing Commissioner Doris Ritchie and thanked her for 10 years of service on the Housing Commission. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar 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 #20.056 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-301. accepting a donation from the Friends of the Carlsbad City Library in support of the 2010 Carlsbad Reads Together Program; and, authorizing the appropriation of funds. 2. AB #20.057 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-302. accepting a donation from Imperial Capital Bank in support of the Youth Sports Program; and, authorizing the appropriation of funds. 3. AB #20.058 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-303. accepting a donation from Imperial Capital Bank in support of the Opportunity Grants Program; and, authorizing the appropriation of funds. December 8, 2009 Carlsbad City Council Meeting Page 2 4. AB #20.059 -CONTRIBUTION TO NORTH COUNTY REGIONAL WINTER SHELTER. Council adopted RESOLUTION NO. 2009-304. approving the appropriation of funds to support the North County Regional Winter Shelter Program. 5. AB #20.060 -ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS AND SPECIAL TAXES. Council adopted RESOLUTION NO. 2009-305. accepting the report on capital funds and special taxes pursuant to California Government Code Sections 50075 and 66001. 6. AB #20.061 -AUTHORIZE TRANSFER OF FUNDS BETWEEN TRANSNET PROJECTS. Council adopted RESOLUTION NO. 2009-306. authorizing the transfer of funds from closed Project 9005-3 to Project 6001-1. 7. AB #20.062 - LOAN FROM CALIFORNIA ENERGY COMMISSION FOR STREETLIGHT RETROFIT PROJECT. Council adopted RESOLUTION NO. 2009-307. accepting California Energy Commission Loan 004-09-ECE-ARRA; and, appropriating funds from the loan to the Streetlight Retrofit and Relamping project. 8. AB #20.063 -AGREEMENT FOR TREE TRIMMING MAINTENANCE SERVICES. Council adopted RESOLUTION NO. 2009-308. approving an agreement with West Coast Arborists, Inc. for Tree Trimming Maintenance Services, Bid No. 09-06. 9- AB #20.068 - CABLE INFRASTRUCTURE FUND BUDGET APPROPRIATION. Council adopted RESOLUTION NO. 2009-309. approving a correction to the operating budget appropriation for the Local Cable Infrastructure Fund for Fiscal Year 2009-10. 10. AB #20.069 - DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2009-312. declaring a Local Emergency for repair of a storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street. ORDINANCES FOR INTRODUCTION: 11. AB #20.064 -AMENDMENT TO CARLSBAD MUNICIPAL CODE TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY PLANNING COMMISSION. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-071. amending Section 2.24.065 of the Carlsbad Municipal Code to eliminate the necessity for General Plan Conformance Findings by the Planning Commission for specified circumstances. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None December 8, 2009 Carlsbad City Council Meeting Page 3 12. AB #20.070 -AMENDMENT TO CARLSBAD MUNICIPAL CODE TITLES 2 AND 11 AND REVISION OF COUNCIL POLICY NUMBER 4. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-072, amending Carlsbad Municipal Code Title 2 regarding the duties of the Parks and Recreation Commission and Carlsbad Municipal Code Title 11 regarding trees and shrubs; and, Council adopted RESOLUTION NO. 2009-313. amending City Council Policy No. 4, related to Street Trees. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None ORDINANCE FOR ADOPTION: 13. AB #20.065 -APPROVAL OF COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE CARLSBAD RANCH SPECIFIC PLAN. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-069. approving a Specific Plan Amendment (SP 207H), and Local Coastal Program Amendment (LCPA 08-01), to revise the Carlsbad Ranch Specific Plan and accepting the Coastal Commission's suggested modifications to encourage alternative transportation modes, preclude hotel conversions, and monitor parking. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None PUBLIC COMMENT: Ben Mijuskovic, Carlsbad, came forward to address Council. Mr. Mijuskovic requested that Council consider implementing a view preservation ordinance. In response to Council inquiry, City Attorney Ron Ball discussed the possible liability of municipalities adopting view preservation ordinances. ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Special Meeting of the Housing and Redevelopment Commission at 6:25 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Housing and Redevelopment Commission and reconvened the City Council Meeting at 6:46 p.m. with five Council Members present. December 8, 2009 Carlsbad City Council Meeting Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 15. AB #20.066 - COMMUNITY ACTIVITY GRANTS PROGRAM FISCAL YEAR 2009- 2010 FUNDING RECOMMENDATIONS. Finance Manager Judi Vincent reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). In response to an inquiry from Mayor Lewis, Brad Thorpe came forward to address Council and explained the make-up of the Board of Directors of the Mitchell Thorpe Foundation. Mayor Pro Tem Kulchin directed staff to submit a letter of thanks to the members of the Community Activity Grants Citizen Review Committee. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-310. accepting the recommendations of the Community Activity Grants Citizen Review Committee regarding the allocation of funds to the organizations identified. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None 16. AB #20.067 - APPEAL OF BUSINESS LICENSE CLASSIFICATON BY PACIFIC SHORES PRODUCE. LLC. Finance Manager Colette Wengenroth reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). James Barzack and Kevin Marcella, co-owners of Pacific Shores Produce, LLC, were present to address Council. Council Member Hall stated that his objection to denying the appeal is based on his belief that Council has the authority to reclassify the business license for Pacific Shores Produce, LLC. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-311. denying without prejudice the appeal of the business license classification by Pacific Shores Produce, LLC. AYES: Lewis, Kulchin, Packard and Blackburn. NOES: Hall. 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. December 8, 2009 Carlsbad City Council Meeting Page 5 ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, December 10, 2009 - 7 a.m. City of Carlsbad Employee Holiday Recognition Event Sheraton Carlsbad 5480 Grand Pacific Drive Carlsbad, California Tuesday, December 15, 2009 -11 a.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue Carlsbad, California Wednesday, December 16, 2009 - 6 p.m. Jim Elliott Retirement Event The Crossings at Carlsbad 5800 The Crossings Drive Carlsbad, California Thursday, December 17, 2009 - 6 p.m. Carlsbad Firefighters' Association Holiday Event Sheraton Carlsbad 5480 Grand Pacific Drive Carlsbad, California Saturday, December 19, 2009 - 6 p.m. Carlsbad Police Officers' Association Holiday Event Sheraton Carlsbad 5480 Grand Pacific Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of December 8, 2009 was adjourned at 7:15 p.m. LORRAINE M. WOOD, CMC City Clerk MORGEN FRY Deputy Clerk