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Home My WebLink About2010-02-16; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: FEBRUARY 16, 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: On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held January 12, 2010. Minutes of the Joint Special Meeting held January 12, 2010. Minutes of the Regular Meeting held January 12, 2010. Minutes of the Special Meetings held January 19, 2010. Minutes of the Special Meeting held January 26, 2010. Minutes of the Regular Meeting held January 26, 2010. LEGISLATIVE INVOCATION: Pastor Philip Hoyer gave the legislative invocation. PLEDGE OF ALLEGIANCE: Council Member Hall led the Pledge of Allegiance. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #9 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 #20.113 - REPORT OUT SETTLEMENT AGREEMENT. Council reported out the settlement agreement with TELACU Construction Management, Inc. 2. AB #20.114 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of December 31, 2009. February 16, 2010 Carlsbad City Council Meeting Page 2 3. AB #20.115 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2010-021. accepting bids and awarding a contract to Empire Pipeline for the Corrugated Metal Pipe Replacement Program for State Street and Oak Avenue, Project No. 6607. 4. AB #20.116 - APPROVE AMENDMENTS TO AGREEMENTS. Council adopted RESOLUTION NO. 2010-022. approving the amendments to the agreements with Nolte Associates, Inc., and with EDAW/AECOM, for construction phase design engineering and environmental services for the Encinas Creek Bridge, Project No. 3919. 5. AB #20.117 - DECLARATION OF INTENT TO VACATE STREET RIGHT-OF-WAY. Council adopted RESOLUTION NO. 2010-023. declaring the intention to vacate a portion of El Camino Real between Crestview Drive and Lisa Street, and setting a public hearing for March 9, 2010. 6. AB #20.118-APPROVE AGREEMENT FOR THE PURCHASE OF SOFTWARE. Council adopted RESOLUTION NO. 2010-024. approving the agreement with Lawson Software America, Inc., for the purchase of a Human Capital Management System (HCMS). 7. AB #20.119 - APPROVE AGREEMENT FOR SOFTWARE HOST SERVICES. Council adopted RESOLUTION NO. 2010-025. approving the agreement with Velocity Technology Solutions, Inc., for hosting services of the Human Capital Management System (HCMS) software. 8. AB #20.124 -APPROVE AGREEMENT FOR SERVICES RELATED TO SOFTWARE INSTALLATION. Council adopted RESOLUTION NO. 2010-028. approving an agreement with Leckey Consulting, Inc., for project management services related to the installation of the Human Capital Management System (HCMS) software. 9. AB #20.125 - REVISE PERSONNEL RULES. Council adopted RESOLUTION NO. 2010-029. authorizing the revision of the Personnel Rules to include hourly employees in promotional examination processes. ORDINANCE FOR INTRODUCTION: 10. AB #20.120 - INCORPORATE SEWER BENEFIT AREAS AND SET PUBLIC HEARING FOR REVISION OF FEES. Deputy City Engineer Bill Plummer reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). In response to Council inquiry, Mr. Plummer stated that the City of Vista's sewer line will not be a part of this project as it will be more cost effective for the City of Vista to maintain a separate sewer line alignment. City Attorney Ron Ball titled the Ordinance. February 16, 2010 ACTION: Carlsbad City Council Meeting PageS AYES: NOES: ABSENT: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2010-026. approving the Engineer's Report, declaring the intention to revise the fees for Sewer Benefit Areas A, B, G, H, I and K, and setting a public hearing for March 9, 2010, to consider adoption of adjusted fee amounts; and, Council introduced ORDINANCE NO. CS-077. repealing Section 13.10.090, and amending Section 13.10.080 of the Carlsbad Municipal Code to incorporate Sewer Benefit Areas A through M, and revise the fees for Sewer Benefit Areas A, B, G, H, I and K. Lewis, Kulchin, Hall, Packard and Blackburn. None. None. ORDINANCE FOR ADOPTION: 11. AB #20.121 - ROBERTSON RANCH ZONE CHANGE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-075. amending Section 21.05.030 of the Carlsbad Municipal Code to amend the zoning map by granting a zone change from Residential Mobile Home Park (RMHP) to Planned Community (P-C) on a 2.21 acre portion of a 5.7 acre parcel generally located north of Rancho Carlsbad Estates, south of Cannon Road, and east of the Robertson Ranch Master Plan Planning Area 22. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. PUBLIC COMMENT: Walt Meier, Carlsbad, came forward to address Council. Mr. Meier requested that Council approve the purchase of property known as Village H to be used as open space. Beth Thorpe and Lisa DeGour, representing the Mitchell Thorpe Foundation, came forward to address Council. Ms. Thorpe and Ms. DeGour showed a video of the First Annual Mitchell Thorpe Foundation Walk-a-thon and thanked the community for supporting the event. Council Member Blackburn requested that staff prepare information regarding the purchase of the Village H property to present at a future City Council meeting. Council did not approve the request to put the item on a future City Council agenda. February 16, 2010 Carlsbad City Council Meeting Page 4 PUBLIC HEARING: 12. AB #20.122 -POINSETTIA PLACE. Council Member Blackburn stepped down from the Dias at 6:36 p.m. stating an economic conflict of interest. Senior Planner Christer Westman reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Property owner and applicant Dave Jacinto came forward to address Council. Mr. Jacinto stated that he had been working with city staff for several years regarding this project and asked for Council's approval. Mayor Lewis opened the duly noticed Public Hearing at 6:44 p.m. Judy Bradley, Carlsbad, came forward to address Council. Ms. Bradley stated her concerns regarding the potential for noise generated by the project, access to the project and future land development of the area. Mr. Westman stated that the noise level meets acceptable guidelines. He also stated that the project has two access points and further explained that 75% of the project site will remain undeveloped. Milo Hanick, Carlsbad, came forward to address Council. Mr. Hanick stated his concerns regarding increased traffic in the area and also questioned if Poinsettia Lane would be completed as part of this project. Senior Civil Engineer Glen Van Peski came forward to address Council. Mr. Van Peski explained that the completion of Poinsettia Lane will not be part of this project. Mayor Lewis closed the Public Hearing at 6:55 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2010-027. determining that the project is within the scope of a previously adopted Mitigated Negative Declaration, and to approve amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane. AYES: Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Blackburn. Council Member Blackburn returned to the dias at 6:57 p.m. February 16, 2010 Carlsbad City Council Meeting Page 5 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 6:58 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Regular Meeting of the Housing and Redevelopment Commission and reconvened the City Council Meeting at 7:00 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 15. AB #20.123-ANNUAL REPORT OF INVESTMENT PORTFOLIO City Treasurer Harold Me Sherry reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Me Sherry stated his concerns regarding the financial situation of the State of California and the potential effect on the City of Carlsbad. Council received the report. 16.AB #20.126 - REPORT ON PROPOSED POWER PLANT. Municipal Projects Manager Joe Garuba reviewed a PowerPoint Presentation (on file in the Office of the City Clerk), updating Council on the California Energy Commission's proceedings held in Carlsbad on February 1, and 2, 2010. In response to Council inquiry, Mr. Garuba stated that the desalination plant being built as part of NRG's proposed power plant is not associated with the desalination plant being proposed by Poseidon Resources. He further stated that although both plants would use the same intake, it is not connected in any other capacity. Kerry Siekman, representing Power of Vision, came forward to address Council. Ms. Siekman spoke in opposition to NRG's proposed power plant. Ms. Siekman also encouraged Carlsbad residents to write to the California Energy Commission to express opposition. Council received the report. 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. February 16, 2010 Carlsbad City Council Meeting Page 6 ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, February 18 - 5:30 p.m. Community Gift Event The Chamber of Commerce 5934 Priestly Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of February 16, 2010 was adjourned at 7:50 p.m. LORRAINE M. WOOD, CMC City Clerk Morgen Fry Deputy Clerk