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Home My WebLink About2010-04-13; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 13, 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 Joint Special Meeting held March 23, 2010 PRESENTATIONS: Council presented a Proclamation in recognition of Arbor Week to Parks and Recreation Director John Coates. Mr. Coates thanked Council for the recognition and invited the community to participate in Arbor Day activities at Aviara Community Park on April 24, 2010, from 9 to 11 a.m. He stated that more information is available on the city website, www.carlsbadca.gov. Mr. Coates introduced Thomas Schutz, representing Cal Fire and the state Urban Forestry Program. Mr. Schutz acknowledged the City of Carlsbad's designation as a Tree City USA. Council presented a Proclamation in recognition of National Volunteer Week to Community Coordinator Sue Irey and Emergency Preparedness Manager David Harrison. Mr. Harrison also acknowledged the presence of Community Emergency Response Team (CERT) volunteers. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #7 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. April 13, 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 #20.185 - APPROVE ALLOCATIONS FOR 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. Council adopted RESOLUTION NO. 2010-073. approving the projects and funding allocations for the City of Carlsbad's 2010-11 Community Development Block Grant and HOME Investment Partnership Program; and authorizing the City Manager to enter into funding agreements for the approved projects. 2. AB #20.186 - APPROVE PURCHASE AGREEMENT AND ACKNOWLEDGEMENT FOR MITIGATION CREDIT. Council adopted RESOLUTION NO. 2010-074. approving the purchase agreement and acknowledgement for mitigation credit at North County Habitat Bank; and approving the agreement regarding proposed stream or lake alteration with the California Department of Fish and Game for the widening of El Camino Real, Project Nos. 3957, 3929, 6302, 6303 and 3643. 3. AB #20.187 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Council adopted RESOLUTION NO. 2010-075. declaring public nuisances and setting a public hearing for April 27, 2010. 4. AB #20.188 - AUTHORIZE APPRORIATION AND PURCHASE OF PROPERTY. Council adopted RESOLUTION NO. 2010-076. authorizing the appropriation of funds for the purchase of 2065 Camino Vida Roble from the Hawthorne Family Trust. 5. AB #20.189 -AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2010-077. accepting bids and awarding a contract to Burtech Pipeline Inc., for the Northwest Quadrant Storm Drain Improvement Program, Chestnut Avenue, Pio Pico Drive and Crest Drive, Project No. 6608. 6. AB #20.190 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2010-078. accepting the construction of the traffic signal at Faraday Avenue and Rutherford Road as complete; and directing the City Clerk to record a Notice of Completion, Project No. 6312-1. 7. AB #20.191 - SUMMARY VACATION OF EASEMENT. Council adopted RESOLUTION NO. 2010-079. summarily vacating a portion of a sewer and drainage easement over a portion of Tract 7 of Laguna Mesa Tract, Tong Property, PR 09-50. April 13,2010 Carlsbad City Council Meeting PageS ORDINANCE FOR INTRODUCTION: 8. AB #20.192 - ESTABLISHMENT OF A PAY FIRST LITIGATE LATER RULE. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-081. amending the Carlsbad Municipal Code, Section 3.12.120, establishing a pay first litigate later rule in order to protect tax and fee revenue. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 9. AB #20.198 - AMEND TITLES 15. 18 AND 20 OF THE CARLSBAD MUNICIPAL CODE. City Attorney Ron Ball titled the ordinances and referred to his memorandum dated April 12, 2010, revising Ordinance Nos. CS-084 and CS-088 (on file in the Office of the City Clerk). ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-084. amending the Carlsbad Municipal Code, Title 15, Chapter 15.08 to allow for the deferral of a planned local drainage fee, amended as follows: "15.08.040fflFee (f) Where the approval of a final or parcel map does not convey any development rights, and subsequent discretionary actions are necessary for the development of the property, the planned local drainage area fee may be deferred to the issuance of a building permit or occupancy permit or the next final or parcel map approval for the project, whichever occurs first"; and, ORDINANCE NO. CS-085. amending the Carlsbad Municipal Code, Title 18, Chapters 18.40 to allow the City to accept rights-of-way with subordination agreements; and, ORDINANCE NO. CS-086, amending the Carlsbad Municipal Code, Title 18, Chapter 18.42 to include the definitions of "single-family detached," "condominium," and "apartments" for use in the assessment of traffic impact fees; and, ORDINANCE NO. CS-087. amending the Carlsbad Municipal Code, Title 20, Chapters 20.12 to allow the total combined time for extensions of phased final maps not to exceed sixteen years; and, ORDINANCE NO. CS-088. amending the Carlsbad Municipal Code, Title 20, Chapter 20.28 to remove an exemption from improvements no longer contained in the Subdivision Map Act, amended by the revision of the title to read, "repealing" of section 2.28.080 instead of "deletion" of section 2.28.080". AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. April 13, 2010 Carlsbad City Council Meeting Page 4 This item was continued from the April 6, 2010 Council meeting. 10. AB #20.179-AMEND CARLSBAD MUNICIPAL CODE REGARDING QUALIFICATIONS FOR CITY TREASURER. City Treasurer Harold Me Sherry came forward to address Council. Mr. Me Sherry spoke about qualifications for City Treasurer. Mayor Pro Tern Kulchin and Council Member Blackburn expressed concerns regarding education requirements for City Treasurer. Council concurred to continue the item to the Council meeting of April 27, 2010. PUBLIC COMMENT: Utilities Director Glenn Pruim came forward to address Council. Mr. Pruim provided information regarding a free class on water-wise gardening that will be held on Wednesday, April 21, 2010, at the Agua Hedionda Discovery Center from 5:30-7:30 p.m. Mr. Pruim stated that more information is available on the city website, www.carlsbadca.gov. and by calling 760-603-6063. Valin Brown and Patty Johnson, representing Carlsbad Education Foundation, came forward to address Council. Mr. Brown invited the community to attend Celebrate Carlsbad Day at Legoland on Saturday, May 1, 2010. Mr. Brown also stated that tickets for the event are for sale at all Carlsbad Unified Schools, or by calling the Education Foundation at 760-929-1555. Shelsea Ochoa and Drew Thompson, representing Up With People, came forward to address Council. Ms. Ochoa stated that the purpose of Up With People is to bring the world together to spread peace and explained some of the group's efforts. Mr. Thompson stated that participants of Up With People are young adult college students who stay with host families. He stated that he can be reached at 303-550-1708 or dthompson@upwithpeople.org for more information regarding becoming a host family. Glenn Bernard, Carlsbad, came forward to address Council. Mr. Bernard spoke regarding the California Chamber of Commerce and urban forestation. PUBLIC HEARING: 11. AB #20.193 - LANIKAI LANE. This item was continued to the April 27, 2010 Council meeting. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT: Mayor Lewis adjourned to the Special Meeting of the Municipal Water District at 6:57 p.m. with five Council Members present. April 13, 2010 Carlsbad City Council Meeting Page 5 RECONVENE CITY COUNCIL MEETING: Mayor Lewis adjourned the Special Meeting of the Housing and Redevelopment Commission and reconvened the Council Meeting at 7:05 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 15a. AB #20.194 - ESTABLISH ALL-WAY STOP CONTROLS. Traffic Systems Engineer Doug Bilse presented a PowerPoint Presentation (on file in the Office of the City Clerk). In response to Council inquiry, Mr. Bilse stated that some road noise would be generated by the speed table, but it would be an insignificant amount. Kim Clark, Carlsbad, came forward to address Council. Ms. Clark spoke in support of the traffic calming measures on Sierra Morena Avenue. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-082. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code establishing all-way stops on Sierra Morena Avenue at its intersection with Chestnut Avenue (North and South) and Valewood Avenue; and, Council adopted RESOLUTION NO. 2010-081. approving a speed table and striping on Sierra Morena Avenue in conjunction with the Sierra Morena Avenue Traffic Calming Pilot Project. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 15b. AB #20.195 - ESTABLISH ALL-WAY STOP CONTROLS. Mayor Lewis stepped down from the dias at 7:14 p.m. stating that he lives in the effected neighborhood. Traffic Systems Engineer Doug Bilse presented a PowerPoint Presentation (on file in the Office of the City Clerk). Russ Cirrincione, Carlsbad, came forward to address Council. Mr. Cirrincione expressed concerns about traffic on Donna Drive and stated he would like to see more Police presence to monitor traffic at that location. He also asked for more information about the road striping and asked if this type of project had been done successfully in other communities. April 13, 2010 Carlsbad City Council Meeting Page 6 Bud Lewis, Carlsbad, came forward to address Council. Mr. Lewis spoke in support of the traffic calming measures. In response to citizen inquiries, Mr. Bilse explained that stop controls are self-enforcing measures to reduce driving speeds. He stated that it is easier for law enforcement to enforce stop controls than excessive speed because of the laws that govern how law enforcement personnel can monitor a driver's speed. Mr. Bilse stated that the lane width on Donna Drive will be reduced to create side friction which also helps control speed. Mr. Bilse further explained that all stops along Donna Drive will be all-way stops and that the cost for each stop sign is $2000 and the cost of striping is $4000. He stated that this type of traffic calming project has been done successfully in other areas of Carlsbad. ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE NO. CS-083. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code establishing all-way stops on Donna Drive at its intersection with Falcon Drive and at Gayle Way; Basswood Avenue at its intersection with Belle Lane; Belle Lane at its intersection with Basswood Avenue; Gayle Way at its intersection with Ann Drive; and Ann Drive at its intersection with Gayle Way; and, Council adopted RESOLUTION NO. 2010-082. approving roadway striping on a portion of Donna Drive in conjunction with the Donna Drive Traffic Calming Pilot Project. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. Mayor Lewis returned to the dias 7:38 p.m. This item was continued from the April 6, 2010 Council meeting. 16.AB 20.183 - APPROVAL OF FIRST AMENDMENT TO THE MULTI-AGENCY BATIQUITOS LAGOON AGREEMENT. Associate Engineer Steve Jantz and Senior Planner Mike Grimm presented a PowerPoint Presentation (on file in the Office of the City Clerk). In response to Council inquiry, Mr. Jantz and Mr. Grimm explained that sand dredged from the lagoon could be used as replacement sand along the beach, based on the quality of that sand. Fred Sandquist, Batiquitos Lagoon Foundation came forward to address Council and spoke in favor of the project. April 13, 2010 Carlsbad City Council Meeting Page 7 ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2010-071. approving the first amendment to a multi- agency agreement for the Marine Habitat Enhancement of Batiquitos Lagoon. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. 17.AB #20.196 -AWARD OF CONTRACT. Council concurred to hear Item #17 and #18 concurrently. Deputy City Engineer Bill Plummer presented a PowerPoint Presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Blackburn, City Manager Lisa Hildabrand stated that decisions regarding public art would be considered at a later date. David Kuhlman, San Diego, came forward to address Council and spoke in favor of the project. Council Member Packard stated that he would vote no on this project because he does not support this business model and believes that building this facility as a joint powers authority would be in the best interest of the residents of Carlsbad. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2010-083. accepting bids and awarding a contract to Ledcor Construction Inc., for the construction of the Joint First Responder Training Facility, Project No. 3686. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: Packard. ABSENT: None. 18.AB #20.197 - APPROVE AGREEMENTS FOR THE JOINT FIRST RESPONDER TRAINING FACILITY. Council Member Packard stated that he would vote no on this project because he does not support this business model and believes that building this facility as a joint powers authority would be in the best interests of the residents of Carlsbad. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2010-084. approving the engineering services agreements with Dudek, RRM Design Group, and Leighton Consulting Inc., for the Joint First Responder Training Facility, Project No. 3686. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: Packard. ABSENT: None. April 13, 2010 Carlsbad City Council Meeting Page 8 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: Thursday, April 15, 2010 - 5:00 pm Citizens' Academy Graduation Council Chambers 1200 Carlsbad Village Drive Carlsbad, California Thursday, April 15, 2010 - 6:00 pm Annual Volunteer Appreciation Celebration Carlsbad Senior Center 799 Pine Avenue Carlsbad, California Sunday, April 18, 2010 - 2:00 - 4:00 pm Castles of Carlsbad Home Tour Honoree Event 7315 Borla Place Carlsbad, California Tuesday, April 20, 2010 - 11:00 am - 1:00 pm Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of April 13, 2010 was adjourned at 8:11 p.m. .ORRAINE M. WOOD, CMC CityjZlerk Morgen Fry Deputy Clerk