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Home My WebLink About2010-07-13; City Council; Minutes (2)MINUTES MEETING OF: THE CITY OF CARLSBAD CITY COUNCIL DATE OF MEETING: July 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: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. Absent: None. APPROVAL OF MINUTES: Council Member Packard abstained from approving the Minutes on June 22, 2010 due to his absence at that meeting. On a motion by Mayor Pro Tern Kulchin, the Minutes of the following meeting were approved as presented: Minutes of the Regular Meeting held June 22, 2010. PRESENTATIONS: Council Member Blackburn presented a Proclamation in honor of Ede Westree to Barbara Westree. Council Member Packard presented a proclamation recognizing Carlsbad Lagoon Day to Fred Sandquist, President of the Batiquitos Lagoon Foundation, Regg Antle, President of the Buena Vista Lagoon Foundation and Eric Munoz representing Agua Hedionda Lagoon. Council Member Kulchin presented a proclamation recognizing the 2009 Citywide Peer Awards to recipients. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Kulchin, the Council affirmed the action of the Consent Calendar, Items # 1 through # 15 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. July 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 #20.296 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2010-178. accepting a donation from the Friends of the Carlsbad Library in support of the Carlsbad Library. 2. AB #20.297 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2010-179. accepting a donation from the Carlsbad Lions Club in support of the purchase of sight and hearing impaired materials for the Carlsbad Library. 3. AB #20.298 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2010-180. accepting a donation from Plaza Paseo Real Associates, LLC in support of the Carlsbad Library. 4. AB #20.299 - APPROVAL OF GRANT AGREEMENT. Council adopted RESOLUTION NO. 2010-181. approving a Grant Agreement with SANDAG for TDA/TransNet funding; and, authorizing the City Clerk to advertise for bids for the installation of audible pedestrian and countdown pedestrian signals. 5. AB #20.300 - AUTHORIZATION TO PURCHASE SIX POLICE VEHICLES. Council adopted RESOLUTION NO. 2010-182. approving the purchase of six (6) replacement police patrol sedans from Bob Wondries Ford. 6. AB #20.301 - APPROVAL OF RESOLUTION IN OPPOSITION TO ONLINE TRAVEL COMPANIES FEDERAL LEGISLATION. Council adopted RESOLUTION NO. 2010-183. approving a Resolution opposing a Senate Bill which would limit state and local government's ability to collect transient occupancy taxes (TOT) from Online Travel Companies. 7. AB #20.302 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2010-184. approving plans and specifications and authorizing the City Clerk to advertise for bids for the construction of the 2010 Pavement Overlay, Project No. 6001-10-OL2. 8. AB #20.303 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2010-185. approving plans and specifications and authorizing the City Clerk to advertise for bids for the Miscellaneous Sewer Rehabilitation, Project No. 5503. July 13, 2010 Carlsbad City Council Meeting Page 3 9. AB #20.304 - NOTICE OF COMPLETION - TAMARACK SEWER REPLACEMENT. Council adopted RESOLUTION NO. 2010-186. accepting the construction of the Tamarack Sewer Replacement as complete, and directing the City Clerk to record a Notice of Completion, Project No. 5510. 10. AB #20.305 - REPORT OUT SETTLEMENT AGREEMENT. Council accepted the report concerning the terms and conditions of the settlement hearing and agreement between San Diego Regional Water Quality Control Board and the City of Carlsbad. 11. AB #20.306 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2010-187. accepting bids and awarding a contract to Seaside Heating and Air Conditioning, Inc. for heating, ventilation and air conditioning maintenance services. ORDINANCE FOR INTRODUCTION: 12. AB #20.307 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-095. amending Chapter 5.16 of the Carlsbad Municipal Code relating to Massage Establishments, Massage Technicians and Massage Technician Trainees to ensure compliance with Senate Bill 73. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. 13. AB #20.308 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING PUBLIC HEARING TESTIMONY. City Attorney Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-096 amending Sections 1.20.290(c) and 1.20.430(d) of the Carlsbad Municipal Code authorizing the Mayor or City Council to shorten public testimony in certain circumstances. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. July 13, 2010 Carlsbad City Council Meeting Page 4 14. AB #20.309 - ESTABLISH PRIMA FACIE SPEED LIMIT UPON POINSETTIA LANE. City Attorney Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-097 amending Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.360 establishing a prima facie 50 mile per hour speed limit upon Poinsettia Lane from El Camino Real to its intersection with Melrose Drive. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. 15. AB #20.310 - ESTABLISH STOP CONTROL ON VIEJO CASTILLA. City Attorney Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-098 amending Chapter 10.28 of the Carlsbad Municipal Code by the amendment of Section 10.28.966 establishing a stop control on Viejo Castilla at its intersection with Navarra Drive. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ORDINANCE FOR ADOPTION: 16. AB #20.311 - AMENDMENT TO MUNICIPAL CODE SECTIONS REGARDING CERTAIN FEES. City Attorney Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-094 amending Section 13.10.030 (sewer capacity fee - Encina Treatment Plant); Section 13.10.080 (Sewer benefit area fees); Section 13.10.090 (Sewer benefit area fees - Area H); Section 15.08.040 (Fee - planned local drainage area); and Section 5.09.030 (Imposition of tax - mobile home park license tax) of the Carlsbad Municipal Code. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. July 13, 2010 Carlsbad City Council Meeting Page 5 PUBLIC COMMENT: PoliceWatch.com came forward to address Council regarding previous comments made at Council. Walt Meier, Carlsbad, addressed Council about his concerns regarding the landscaping of the proposed Lowe's Shopping Center project. Julie Graboi, Encinitas, addressed Council regarding the use of a recreation trail near her property. She stated there have been issues with trail signage that caused safety concerns for her and her family. City Manager Lisa Hildabrand stated that Parks & Recreation staff is working with Ms. Graboi to develop a solution to her concerns. PUBLIC HEARING: 17. AB #20.312 - VILLAGE AREA TITLE AMENDMENT. Associate Planner Corey Funk 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 6:51 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:51 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2010-188. approving an amendment to the General Plan (GPA 10-01), and an amendment to the Local Coastal Program (LCPA 10-0) and that such amendments shall not be effective until approved by the California Coastal Commission. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. July 13, 2010 Carlsbad City Council Meeting Page 6 City Attorney Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-099. approving a Zone Code Amendment to make minor modifications to the zoning ordinance and zoning map labels to correct titles related to the expiration of the Village Redevelopment Plan, ZCA 10- 02. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned the meeting of the Carlsbad City Council at 7.06 p.m. with all four Council Members present. RECONVENE CITY COUNCIL MEETING: Mayor Lewis reconvened the Council Meeting at 7:07 p.m. with all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: 21. AB #20.313 - AGRICULTURAL CONVERSION MITIGATION FEE FUNDING. Associate Planner Kevin Pointer presented 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. Pointer stated La Posada is a homeless shelter for farm workers who work in the City of Carlsbad and neighboring jurisdictions. He also explained that La Posada has very strict rules to maintain residency and no complaints have been received during its existence. Gary Nance, Carlsbad, expressed his opposition to the funding of this project with public funds, but stated that he was not opposed to housing farm workers. Tom Maddox of Carlsbad addressed Council regarding his review of the Carlsbad Community Vision document and its second core value of open space and the natural environment. He agreed that the people who work at Flower Fields, Strawberry Fields, and other agricultural properties should have adequate housing. Sister Raymonda Duvall, Assistant Director, Catholic Charities, Diocese of San Diego thanked Council and the community for supporting La Posada. July 13, 2010 Carlsbad City Council Meeting Page 7 Following questions by Council Member Blackburn, Eddie Presiado, Program Director of La Posada, addressed Council to further explain the program and the requirements of the residents of La Posada. The following people came forward and expressed their support for La Posada and Catholic Charities: Bud Green, Carlsbad Kathryn Bleckie, Carlsbad Colleen Lassiger, Encinitas Pattie Ann Christiansen, Oceanside Kathleen Wellman, Carlsbad ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2010-189 approving disbursement of funding for construction of the La Posada de Guadalupe farm worker housing project. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. 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, July 15, 2010 - 5.30pm Magellan Aviation's Grand Opening of New Hangar Facility 2006 Palomar Airport Road Carlsbad, CA July 13, 2010 Carlsbad City Council Meeting Page 8 Tuesday, July 20, 2010 - 11:00am to 1:00pm Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Ave Carlsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting of July 13, 2010 was adjourned at 7:50 p.m. *AINE M. WOOD, CMC City Clerk Donna Heraty Minutes Clerk