HomeMy WebLinkAbout2010-01-12; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: JANUARY 12, 2010
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:
Mayor Pro Tern Kulchin stated that she would abstain from approval of the Joint Special
Meeting Minutes and Special Meeting Minutes of December 8, 2009, due to her absence
from those meetings.
Council Member Packard stated he would abstain from approving all of the Meeting Minutes
of December 22, 2009 due to his absence from those meetings.
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were approved
as presented:
Minutes of the Joint Special Meeting held December 8, 2009.
Minutes of the Special Meetings held December 8, 2009.
Minutes of the Regular Meeting held on December 8, 2009.
Minutes of the Special Meeting held on December 15, 2009.
Minutes of the Special Meetings held on December 22, 2009.
Minutes of the Regular Meeting held on December 22, 2009.
Minutes of the Joint Special Meeting held on December 22, 2009.
CONSENT CALENDAR:
Item No 4. was pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of
the Consent Calendar, Items #1 through Item #3 and Items #5 through
# 9 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
January 12, 2010 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 #20.088 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2010-001. accepting a donation from the North
San Diego County Genealogical Society for additional shelving in the Georgina Cole
Library; and, authorizing the appropriation of funds.
2. AB #20.089 -ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2010-002. approving the plans and specifications
for the Northwest Quadrant Storm Drain Improvement Program - Chestnut Avenue,
Pio Pico Drive and Crest Drive; and, directing the City Clerk to advertise for bids,
Project No. 608.
3. AB #20.100 - ADVERTISE FOR BIDS AND APPROVE AGREEMENTS.
Council adopted RESOLUTION NO. 2010-011. approving the plans and
specifications for the construction of the Beech Avenue Sewer Home Plant Lift Station
Influent Sewer Replacement, authorizing the City Clerk to advertise for bids; and,
approving an agreement with MJS Management and Engineering Inc., and a license
agreement with North County Transit District, Project Nos. 3873 and 5512.
4. AB #20.090 - AWARD OF CONTRACT.
This item was pulled for discussion.
5. AB #20.091 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2010-004. accepting construction of the North
Aqua Hedionda Interceptor Sewer Replacement, Project No. 3537, as complete; and,
directing the City Clerk to record a Notice of Completion.
6. AB #20.092 - REFUND OF BUSINESS LICENSE TAX.
Council adopted RESOLUTION NO. 2010-005. authorizing a refund of business
license tax to Kisco Senior Living, LLC.
7. AB #20.093 -AUTHORIZE THE PURCHASE OF REPLACEMENT FIRE SELF-
CONTAINED BREATHING APPARATUS.
Council adopted RESOLUTION NO. 2010-006. authorizing the purchase of
replacement Fire Self-Contained Breathing Apparatus (SCBA) from Allstar Fire
Equipment, Inc.
8. AB #20,094 - REQUEST FOR OUT OF STATE TRAVEL.
Council adopted RESOLUTION NO. 2010-007. approving out-of-state travel for the
Assistant City Attorney to attend the CLE International Conservation Easement
Conference in Seattle, Washington on March 18-19, 2010.
January 12, 2010 Carlsbad City Council Meeting Page 3
9. AB #20.095 -TERMINATION OF DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2010-008. declaring the local emergency for
repair of a storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street
terminated.
DISCUSSION OF CONSENT CALENDAR ITEM:
4. AB #20.090 - AWARD OF CONTRACT.
Council Member Blackburn asked staff to explain the process of awarding the contract on the
grading.
Special Projects Director Skip Hammann said that Council directed staff to move forward with
the grading portion of the park in 2009. He explained that because the park was fully
designed, the plans and specifications needed to be revised and updated to include only
rough grading. Mr. Hammann added that the contractor will not proceed with grading until the
end of the rainy season, and grading is anticipated to be completed by the end of summer.
In response to an inquiry from Council Member Hall, Mr. Hammann replied that the current
plans do reflect recent storm water regulation changes required by the State.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2010-003. approving a contract with KTA
Construction for the grading of Alga North Community Park, Project
No. 3837.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ORDINANCE FOR INTRODUCTION:
10. AB #20.096 - OPTIONS FOR RADIO CONTROLLED AIRCRAFT USE IN PARKS AND
BEACHES.
Recreation Services Manager Mick Calarco and Recreation Director John Coates gave the
staff report and Power Point Presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Packard, Mr. Calarco stated that gliders with
motorized launches would also fall into the radio controlled flyer class.
Jan Bayer of Carlsbad came forward to address Council. Ms. Bayer stated she had concerns
about the safety of the environment and citizens, because of gliders flying among sensitive
habitat and in populated areas near the coast. Ms. Bayer provided photographs to Council
depicting her concerns (on file in the Office of the City Clerk). She asked Council to regulate
the flying of gliders to an unused area along the coast.
January 12, 2010 Carlsbad City Council Meeting Page 4
Millie Beetham and Taylor Desinger came forward to address Council. Ms. Beetham and Ms.
Desinger stated that they are part of the Carlsbad High School Track and Field Program, and
run along the beach at various times of the day. Both said they had encountered flying
gliders while running and were concerned about safety.
Gus Calderon came forward to address Council. Mr. Calderon stated he was in support of
Option No. 4 regarding the use of radio-controlled aircraft in city parks.
Charles DuShay of Carlsbad came forward to address Council. Mr. DuShay addressed radio-
controlled aircraft noise and said that the aircraft was noisiest during takeoff, but then the
noise significantly reduces. He also said that he had been involved in radio-controlled aircraft
for over 60 years, and had not heard of anyone injured by remote aircraft. Mr. DuShay
encouraged Council to adopt the Ordinance.
David Saenz of Oceanside came forward to address Council. Mr. Saenz stated he supported
Option No.4 of the Ordinance.
In response to an inquiry from Council Member Packard, Mr. Calarco said the State Parks
Division began monitoring remote aircraft use at the beach in 1970.
Mayor Lewis asked about the City providing additional insurance coverage in the park.
City Attorney Ron Ball stated that the Risk Manager would be able to determine if a rider
could be added to the City's insurance policy. He added that the addition of an insurance
rider provided by the City did not eliminate the obligation of the flyers to provide their own
insurance coverage.
Mayor Lewis stated he would like staff to report back in six months on the status of the
program.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced Ordinance
No. CS-074. amending Chapter 11.32, Section 11.32.030 of the
Carlsbad Municipal Code, related to the use of radio or remote controlled
model aircraft, cars, or similar devices in parks and beaches.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ORDINANCE FOR ADOPTION:
11. AB #20.097 -AMENDMENT OF THE CARSLBAD MUNICIPAL CODE RELATED TO
SKATEBOARDS. RQLLERBLADES. ROLLER SKATES. COASTERS. TOY VEHICLES
AND SIMILAR FORMS OF TRANSPORTATION.
January 12, 2010 Carlsbad City Council Meeting Page 5
Nina Eaton of Carlsbad came forward to address Council. She spoke in opposition to the
change in the Ordinance that affected rollerblading in the City and Village area. She asked for
additional consideration and asked to be a part of the discussion. She additionally requested
that Council consider permitting skating in Carlsbad between 6:00 a.m. and 8:30 a.m.
Jim Young of Carlsbad came forward to address Council. Mr. Young requested that Council
deny the Ordinance and create programs that promote this type of activity and healthier
lifestyle.
In response to an inquiry from Council Member Packard, City Attorney Ron Ball Council
stated that was required to adopt, not adopt or continue the item. He said Council could not
amend the Ordinance at this meeting.
Police Lieutenant Neil Gallucci stated the purpose of the Ordinance is to promote public
safety not only in the morning, but also during high density traffic times thereby avoiding
accidents.
In response to an inquiry from Mayor Lewis, Lieutenant Gallucci said Carlsbad Police would
be able to enforce skateboarding, rollerblading and such at specific times set by Council.
In response to an inquiry from Council Member Blackburn, Lieutenant Gallucci stated that it
was not legal for rollerbladers to use bicycle lanes.
City Manager Lisa Hildabrand stated that a study would be conducted and staff would return
to Council with the report.
Council concurred not to adopt Ordinance No. CS-073, that amended Chapter 10.58 of the
Carlsbad Municipal Code pertaining to skateboards, rollerblades, roller skates, coasters, toy
vehicles and similar forms of transportation.
RECESS:
Mayor Lewis declared recess at 7:05 with five Council Members present.
RECONVENE THE CITY COUNCIL MEETING
Mayor Lewis reconvened the Council Meeting at 7:10 p.m. with five members present.
PUBLIC COMMENT:
Walt Meier of Carlsbad came forward to address Council. Mr. Meier requested the City
purchase Village H.
Sue Karr of Carlsbad came forward to address Council. She asked the City Council to
consider adopting an ordinance prohibiting chickens on residential property or regulating the
location of chicken coops.
In response to an inquiry from Council Member Packard, City Attorney Ron Ball explained
that an ordinance does exist in the City that contains a section pertaining to offensive odors.
January 12, 2010 Carlsbad City Council Meeting Page 6
Jeannie Chapman of Carlsbad came forward to address Council. She spoke about her
concerns regarding existing traffic congestion and the proposed increased housing for the
"Pontebello" area that could add more traffic. She invited Council to visit her neighborhood
during the first part of the week of January 18, 2010, to look at current traffic issues.
Julie Baker, representing Power of Vision came forward to address Council. Mr. Baker
invited the public to a forum regarding the proposed power plant on February 1st and 2nd at
the Hilton Garden Inn. She added that public comment on this proposed project would be
taken on both days beginning at 6:00 p.m.
Keyrollos Ibrahim of Carlsbad came forward to address Council. Mr. Ibrahim said he was a
student attending Carlsbad High School and President of the Best Buddies Program. He
explained that the Best Buddies Program pairs the community of students with intellectually
disabled students. He asked if Council would consider assisting the Best Buddies Program
with the promotion of a tolerance program at Carlsbad High School during the month of
March.
Mayor Lewis asked Mr. Ibrahim to send his request to the Council Office for consideration.
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
7:30 p.m. with five members present.
RECONVENE THE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District at 7:32
p.m. with five members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13.AB #20.098 - PURCHASE AND INSTALLATION OF HUMAN CAPITAL MANAGEMENT
SYSTEM (HCMS) SOFTWARE.
Information Technology Director Gordon Peterson, Human Resources Director Julie Clark and
Finance Director Lisa Irvine reviewed a PowerPoint Presentation (on file in the office of the City
Clerk) of the proposed program.
Council Member Blackburn asked if there would be enough funding left in the Technology
Fund after the purchase of the Human Capital Management System software for other
identified proposed projects.
Ms. Irvine stated that staff will attempt to continue to set aside money to add to this fund, but
believes there are sufficient funds for all the projects projected. She added that costs would
be determined as the scope of work develops for each project.
In response to an inquiry from Council Member Hall, Ms. Clark stated that part of the scope of
work is training the employees on how to use the tools of the program.
January 12, 2010 Carlsbad City Council Meeting Page 7
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2010-009. authorizing the purchase and installation of Human Capital
Management System (HCMS) software.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
14. AB #20.099 - ENVISION CARLSBAD COMMUNITY VISION REPORT.
Assistant City Manager Sandra Holder and Senior Planner Jennifer Jesser gave the staff
report and Power Point Presentation (on file in the Office of the City Clerk).
RECESS:
Mayor Lewis declared recess at 8:03 p.m. with five Council Members present.
RECONVENE:
Mayor Lewis reconvened the meeting at 8:07 p.m. with five Council Members present.
Ms. Jesser introduced Committee Members Eric Larson, Gina McBride and Sean Bentley to
review the nine core areas of the report for the Council.
Council Member Hall asked about agriculture and the future vision of Carlsbad.
Ms. Holder stated that the committee's work on Proposition D was adopted by Council as a
final report. She said staff is working on a new zoning classification. Ms. Holder added that
Proposition D approval by the voters amended the General Plan.
Mr. Larson stated that there was discussion about sustainability of the Flower Fields and
Strawberry Fields. He also added that there are questions on whether the business portion
can be sustained, but the framework exists.
Jeff Seagall of Carlsbad came forward to address Council. Mr. Seagall expressed his support
for the report and stated that the process was distinguished and issues were clearly vetted.
He thanked staff for all their hard work.
Barbara Hamilton of Carlsbad came forward to address Council. She stated that she was
impressed with the committee's process. She also stated she was happy to see the
recognition of citizens' desires of sustainability.
In response to an inquiry from Council Member Hall, Ms. McBride said that the committee did
discuss the support of the business community. She stated that there was a want to invite
businesses to Carlsbad along with a discussion on maintaining good relationships with big
and small businesses in the community. She added that the committee recognized that
sustainable business was important.
January 12, 2010 Carlsbad City Council Meeting Page 8
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2010-010. accepting the report on the Carlsbad Community Vision,
and directing staff to initiate Phase 2 of Envision Carlsbad.
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:
Tuesday, January 19, 2010 - 8:30 a.m.
Fire Department Recognition Ceremony
Station 5
2450 Orion Way, Carlsbad
Tuesday, January 19, 2010 - 11:00-1:00 p.m.
City Council Study Session
1635 Faraday Avenue, Room 173A
Carlsbad
ADJOURNMENT:
By proper motion, the Regular Meeting of January 12, 2010, was adjourned at 9:00 p.m.
LOR
City Clerk