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Home My WebLink About2010-06-22; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 22, 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 and Blackburn. Absent: Packard. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held May 25,2010. Minutes of the Regular Meeting held May 25, 2010. PRESENTATIONS: Council introduced Miss Teen Carlsbad and her court. Miss Teen Carlsbad Elaina Crabtree, presented the City with a check for $1,000 to be used for programs at the Carlsbad Learning Center. Mayor Pro Tem Kulchin presented a proclamation recognizing and honoring the service of the Carlsbad Sister City Committee to Jacquie Thye, Chair of the Sister City Committee. Volunteer Coordinator Sue Irey recognized Poseidon Resources and Toyota and Lexus Carlsbad for their donations to the CityStuff Program. Cultural Arts Manager Peter Gordon recognized the Carlsbad Friends of the Arts for its donation to the TGIF Jazz in the Parks concerts and other arts programs. He introduced Carolyn Grant, President of the Carlsbad Friends of the Arts. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #20 as follows: AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. June 22,2010 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 #20.260 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2010-143. accepting a donation in fiscal year 2009-10 to the Parks Memorial Bench and Tree Program. 2. AB #20.261 - ACCEPTANCE OF DONATION Council adopted RESOLUTION NO. 2010-130. accepting a donation from Poseidon Resources in support of the City Stuff program. 3. AB #20.262 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2010-144. accepting a donation fromToyota Carlsbad and Lexus Carlsbad in support of City Stuff program. 4. AB #20.263 - ACCEPTANCE OF DONATION Council adopted RESOLUTION NO. 2010-145. accepting a donation from the Carlsbad Friends of the Arts in support of TGIF Jazz in the Parks concert series 5- AB #20.264 - ANNEXATION TO COMMUNITY FACILITIES DISTRICT #1 Council adopted RESOLUTION NO. 2010-146. certifying and adding property to existing Community Facilities District No. 1, Hilton Carlsbad Beach Resort & Spa. 6- AB #20.265 -ANNEXATION TO COMMUNITY FACILITIES DISTRICT#1. Council adopted RESOLUTION NO. 2010-147. certifying and adding property to existing Community Facilities District No. 1, Annexation No. 09/10-02, Poinsettia Place. 7- AB #20.266 - SET COMMUNITY FACILITIES DISTRICT #1 RATES. Council adopted RESOLUTION MO. 2010-148. establishing the Fiscal Year 2010-11 special tax for Community Facilities District No. 1. Resolution No. 2010-148. ACTION: 8. AB #20.267 - APPROVAL OF NEW JOB CLASSIFICATIONS. Council adopted RESOLUTION NO. 2010-149. establishing new job classifications, modifying current classifications, deleting existing classifications and amending affected salary schedules and the Local Conflict of Interest Code. 9- AB #20.268 -APPROVAL OF ANNUAL BENEFIT ASSESSMENTS FOR BUENA VISTA CHANNEL Council adopted RESOLUTION NO. 2010-150. adopting annual benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1. 10. AB #20.269 -APPROVAL OF ANNUAL CTBID REPORT Council adopted RESOLUTION NO. 2010-151. approving the annual report of the Carlsbad Tourism Business Improvement District, and continuing the programs and assessments for Fiscal Year 2010-11. June 22,2010 Carlsbad City Council Meeting Page 3 11- AB #20.270 - APPROVAL TO PURCHASE HP BLADE SERVER SYSTEM Council adopted RESOLUTION NO. 2010-152. approving the purchase of a Hewlett Packard Blade Server System for the Faraday data center with maintenance and support provided by Hewlett Packard, Inc. 12- AB #20.271 - APPROVAL OF QUITCLAIM OF TWO TEMPORARY FIRE STATION EASEMENTS AND ONE SLOPE EASEMENT Council adopted RESOLUTION NO. 2010-153. quitclaiming two temporary fire station easements and a temporary slope easement at 3131 Levante Street, PR 10-13. 13. AB #20.272 - APPROVAL OF SUMMARY VACATION OF AN EASEMENT OVER A PORTION OF RANCHO SANTA FE ROAD Council adopted RESOLUTION NO. 2010-154. summarily vacating a portion of an easement for public road purposes over a portion of Rancho Santa Fe Road, SW 09-01. 14- AB #20.273 -AWARD OF CONTRACT FOR COLLEGE BLVD. OVERLAY Council adopted RESOLUTION NO. 2010-155. accepting bids and awarding the contract to George Weir Asphalt Construction for construction of the College Boulevard Overlay Project No. 6001-10-OL. 15. AB #20.274 - RENEWAL OF LIABILITY COVERAGE Council adopted RESOLUTION NO. 2010-156. approving the renewal of liability insurance through the California Municipal Excess Liability (CAMEL) insurance program. 16. AB #20.275 - NOTICE OF COMPLETION - BATIQUITOS INTERCEPTOR SEWER MANHOLE REHABILITATION Council adopted RESOLUTION NO. 2010-157. accepting the construction of the North Batiquitos Interceptor Sewer Manhole Rehabilitation, Project No. 3538 as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and Crty Ordinances. 17. AB #20.276 - NOTICE OF COMPLETION - PALOMAR AIRPORT ROAD BRIDGE OVER CARLSBAD BLVD. Council adopted RESOLUTION NO. 2010-158. accepting the construction of the Palomar Airport Road Bridge over Carlsbad Boulevard, Project No. 4700 as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinances. 18. AB #20.277 - NOTICE OF COMPLETION - POINSETTIA COMMUNITY PARK PHASE 2B Council adopted RESOLUTION NO. 2010-159. accepting the construction of the Poinsettia Community Park - Phase 2B Parking Lots, Project No. 4504 as complete, and directing the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinances. June 22, 2010 Carlsbad City Council Meeting Page 4 19. AB #20.278 - COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM MODIFICATIONS Council accepted the information modifying the Carlsbad Community Emergency Response Team (CERT) program to delete the reference to the specific number of academy sessions required to be held. 20. AB #20.279 - SISTER CITY COMMITTEE SUNSET Council adopted RESOLUTION NO. 2010-160. approving the dissolution of the Carlsbad Sister City Committee. ORDINANCE FOR ADOPTION: 21. AB #20.280 - ANIMAL NOISE ABATEMENT AND CONTROL CODE AMENDMENT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kuichin, Council adopted ORDINANCE NO. CS-090. amending Title 7, Chapter 7.08, Section 7.08.010 of the Carlsbad Municipal Code to adopt by Reference Section 36.414(c)(6) of the San Diego County Code of Regulatory Ordinances regarding animal noise abatement and control and amending Title 1, Chapter 1.08, Section 1.08.010 of the Carlsbad Municipal Code regarding designated penalties for violation. AYES: Lewis, Kuichin, Hall and Blackburn. NOES: None. ABSENT: Packard. PUBLIC COMMENT: Policewatchdog.org came forward to address Council. He expressed his concerns regarding police personnel interaction with homeless citizens who reside in their vehicles. Walt Meier of Carlsbad came forward to address Council. Mr. Meier stated he would like Council to consider the issuance of a permit for overnight RV parking. He also said he spoke to residents living near Frost Street and Cannon Road who would like to see speed bumps installed in their area. PUBLIC HEARINGS: 22. AB #20.281 - LIGHTING AND LANDSCAPING DISTRICT #1 Accountant Aaron Beanan gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mayor Lewis opened the duly noticed Public Hearing at 6:43 p.m. June 22,2010 Carlsbad City Council Meeting Page 5 Walt Meier came forward to speak. Mr. Meier suggested the city plant trees in rights of way that would not uproot the concrete, disturb the streets and need only a minimum amount of pruning. Mayor Lewis closed the Public Hearing at 6:43 p.m. ACTION: On a motion by Mayor Pro Jem Kulchin, Council adopted RESOLUTION NO. 2010-161. confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 1. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. 23. AB #20.282 - LIGHTING AND LANDSCAPING DISTRICT #2 Accountant Aaron Beanan gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mayor Lewis opened the duly noticed Public Hearing at 6:43 p.m. Mayor Lewis closed the Public Hearing at 6:43 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2010-162. confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. 24. AB #20.283 - MUROYA SUBDIVISION. Assistant Planner Dan Halverson gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Blackburn, Mr. Halverson said the applicant would set aside funds in a trust for the maintenance of Lot 4. Jack Henthom, of Henthom and Associates, representing the applicant, came forward to address Council. Mr. Henthom asked Council to approve the project as presented. Mayor Lewis opened the duly noticed Public Hearing at 7:53 p.m. Vince Lombardi of Carlsbad came forward to address Council. Mr. Lombardi stated he was concerned about the electricity towers located in the canyons near the proposed development and the low height of the wires. He also stated concerns regarding the June 22,2010 Carlsbad City Council Meeting Page 6 cost to develop the project, adding that the palm tree farm currently on the property to be developed has aesthetically enhanced the surrounding area. Mayor Lewis closed the Public Hearing at 7:00 p.m. Mr. Henthorn came forward to address Mr. Lombardi's concerns. He said that all of the areas with electric towers and wires have been reviewed and coordinated with SDG&E to ensure adequate separation from the development. Mr. Henthom added that it was determined that there was no need to move the electric wires. City Attorney Ron Ball titled the Ordinances. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2010-163. approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and introduced ORDINANCE NOS. CS-091 and CS-092 approving a General Plan Amendment Zone Change, Local Coastal Program Amendment, and a Specific Plan Amendment for the subdivision of a 20.27 acre site into five (5) lots (two residential, two open space lots, and one private street lot) and the grading and development of 37 detached air-space condominium one-family dwelling units on property generally located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road, and within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. AYES: Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Packard. 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 7:02 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING: Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the Council Meeting at 7:04 p.m. with four Council Members present. 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. June 22, 2010 Carlsbad City Council Meeting Page? 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: Monday, June 28, 2010 at 5:30 p.m. Police Chief Tom Zoll's Retirement Event The Crossings at Carlsbad 5800 The Crossings Drive Carlsbad, CA ADJOURNMENT: By proper.motion, the Regular Meeting of June 22, 2010 was adjourned at 7:09 p.m. LORRAINE M. WOOD, CMC City Clerk Sherry Freisinger Deputy Clerk