HomeMy WebLinkAbout2010-07-27; City Council; MinutesMINUTES
MEETING OF: THE CITY OF CARLSBAD CITY COUNCIL
DATE OF MEETING: July 27, 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:
On a motion by Mayor Pro Tem Kulchin, the Minutes of the following meeting were
approved as presented:
Minutes of the Regular Meeting held June 29, 2010.
Minutes of the Joint Special Meeting held June 29, 2010.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, the Council affirmed the
action of the Consent Calendar, Items # 1 through # 8 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 #20.314 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2010-190. accepting a donation from the
Pasadena Senior Center and the North County Picklers in support of the
Opportunity Grants Fund.
2. AB #20.315 - APPROVAL OF AGRICULTURAL LEASE AGREEMENT.
Council adopted RESOLUTION NO. 2010-191. approving an Agricultural Lease
Agreement with Kerry Yasukochi, dba Rey Rivers Farms, for a portion of parcel
No. 210-090-17.
July 27, 2010 Carlsbad City Council Meeting Page 2
3. AB #20.331 - APPROVAL OF AGREEMENT.
Council adopted RESOLUTION NO. 2010-206. approving an agreement with
Dyett and Bhatia for the completion of Envision Carlsbad Phase 2, which
consists of a comprehensive update to the City's General Plan, Local Coastal
Program (LCP), and Zoning Ordinance (GPA 07-02/LCPA 07-027 ZCA 07-01).
4. AB #20.316 - APPROVAL OF AMENDMENT TO ENVISION CARLSBAD CITIZENS
COMMITTEE MISSION STATEMENT.
Council adopted RESOLUTION NO. 2010-192. approving an amendment to the
Envision Carlsbad Citizens Committee Mission Statement and Principles of
Participation; and, appointing members to said committee.
5. AB #20.317 - APPROVAL OF WEED ABATEMENT COST ASSESSMENTS.
Council adopted RESOLUTION NO. 2010-193. approving the report of the Fire
Department showing the cost of weed abatement against each parcel, confirming
the cost, and providing for collection on the regular tax bill.
6. AB #20.318 - RESPONSE TO 2009/2010 SAN DIEGO COUNTY GRAND JURY
REPORT ON MEDICAL MARIJUANA.
Council adopted RESOLUTION NO. 2010-194. authorizing the Mayor to respond
to the 2009/2010 San Diego County Grand Jury Report on Medical Marijuana in
San Diego.
7. AB #20.319 - NOTICE OF COMPLETION - PALOMAR AIRPORT ROAD
WIDENING PROJECT.
Council adopted RESOLUTION NO. 2010-195, accepting the construction of the
Palomar Airport Road Widening as complete; and, directing the City Clerk to
record a Notice of Completion, Project No. 381.
8. AB #20.320 - NOTICE OF COMPLETION - HABITAT RESTORATION FOR LAKE
CALAVERA PRESERVE.
Council adopted RESOLUTION NO. 2010-196. accepting the habitat restoration
contract for the Lake Calavera Preserve 5-acre Habitat Restoration, Project No.
SS 99-01 as complete; and, directing the City Clerk to record a Notice of
Completion, Project No. SS 99-01.
July 27, 2010 Carlsbad City Council Meeting Page 3
ORDINANCES FOR INTRODUCTION:
9. AB #20.321 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING
VACANCIES IN OFFICE.
City Attorney Ron Ball explained the process for filling vacancies in office. He also
explained to Council that they have the option to appoint the existing deputy as City
Treasurer until the position is filled at the general election in November, 2010.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
and adopted ORDINANCE NO. CS-100. amending Section
2.04.030 of the Carlsbad Municipal Code relating to the
timing for the call of a special election; and, declaring a
vacancy and appointing an interim City Treasurer to serve
out the remainder of the term until November 2010; and,
declaring a vacancy and leaving the position unfilled until the
general election in November, 2010.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-198. authorizing the Deputy City
Treasurer to perform any duties normally performed by the
City Treasurer until a City Treasurer is elected on November
2, 2010 and sworn into office.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
July 27, 2010 Carlsbad City Council Meeting Page 4
10. AB #20.322 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING
SPECIAL EVENTS AND THIRD PARTY VENDOR FEES
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-101. amending Chapter 8.17 of the
Carlsbad Municipal Code relating to special events,
establishing a third party vendor fee for special event
holders; establishing no parking/tow away areas at special
events, and making minor changes based on recent
organization realignment as pertaining to subsections
renumbering, and signs, notification, and contents of permit.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council approved
RESOLUTION NO. 2010-199. establishing a third party
vendor fee for special events, and adding the fee to the
Master Fee Schedule.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ORDINANCES FOR ADOPTION:
11. AB #20.323 - AMENDMENT TO CALPERS CONTRACT AGREEMENT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-093. authorizing an amendment to the
Contract with the California Public Employees Retirement
System (CALPERS) to provide a 2nd tier retirement plan that
includes a 2% at Age 50 Retirement Benefit (Section 21362)
and Three Year Final Compensation Benefit (Section
200037) for employees entering membership for the first
time in a City of Carlsbad safety classification effective
October 4, 2010.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: Blackburn.
July 27, 2010 Carlsbad City Council Meeting Page 5
12. AB #20.324 - 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 adopted
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
731.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
13. AB #20.325 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING
PUBLIC HEARING TESTIMONY.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
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.
14. AB #20.326 - AMENDMENT TO CARLSBAD MUNICIPAL CODE TO ESTABLISH
PRIMA FACIE SPEED LIMIT UPON POINSETTIA LANE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
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.
July 27, 2010 Carlsbad City Council Meeting Page 6
15. AB #20.327 - AMENDMENT TO CARLSBAD MUNICIPAL CODE TO ESTABLISH
STOP CONTROL ON VIEJO CASTILLA.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
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.
16. AB #20.328 - VILLAGE AREA TITLE AMENDMENT.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-099, approving a Zone Code
Amendment to amend Section 21.05.010 (Names of
Zones); Section 21.45.050 Table A (Planned Developments,
Permitted zones and uses); Portions of Chapter 21.54
(Procedures, Hearings, Notices and Fees); Section
21.84.040 Table A (Housing for Senior Citizens, Use Table);
Section 21.201.020 H (Coastal Development Permit
Procedures, Definitions); and Section 21.05.030 (Zoning
Map) to make minor modifications to the zoning ordinance
and zoning map to correct titles related to the expiration of
the Village Redevelopment Plan.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
PUBLIC COMMENT:
Neil Turner, Carlsbad, came forward to address the council expressing his concern
regarding the eligibility of presidential candidates and what he believed to be election
fraud.
Walt Meier, Carlsbad, addressed the Council with a proposed addendum to the building
code of Carlsbad, as it pertains to the proposed Lowe's project.
Gary Nance, Carlsbad, addressed the Council regarding the 2008 election and his
concerns regarding qualifications of presidential candidates.
July 27, 2010 Carlsbad City Council Meeting Page 7
PUBLIC HEARING:
17. AB #20.329 - MISCELLANEOUS ZONE CODE AMENDMENTS
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 6.27 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6.27 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. CS-102. approving a zone code
amendment for various and unrelated minor amendments to
the text of the Zoning Ordinance.
AYES Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2010-200. approving a Local Coastal
Program amendment to make various minor amendments to
the text of the Zoning Ordinance.
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 6.30 p.m.
RECONVENE CITY COUNCIL MEETING:
Mayor Lewis reconvened the Council Meeting at 6.32 p.m. with all four Council
Members present.
July 27, 2010 Carlsbad City Council Meeting Page 8
DEPARTMENTAL AND CITY MANAGER REPORT:
19. AB #20.330 - GENERAL MUNICIPAL ELECTION - PROPOSED CHARTER
AMENDMENT
Senior Management Analyst Debbie Porter presented the staff report and PowerPoint
presentation (on file in the office of the City Clerk)
Chris Kate, representing the San Diego Taxpayers' Association, advised Council that
the Association had officially endorsed the ballot measure, and requested the inclusion
of the costs of the measure on the ballot.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-201. ordering the submission of a
proposed charter amendment to the qualified electors of the
City at the General Municipal Election to be held on
November 2, 2010.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: Blackburn.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-202. amending Resolution No.
2010-137, calling and giving notice of a General Municipal
Election to be held on Tuesday, November 2, 2010 and
amending Resolution No. 2010-138, requesting
consolidation with the County of San Diego with the
statewide election on November 2, 2010, by ordering the
submission of a proposed charter amendment to the
qualified electors of the City.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: Blackburn
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-203. authorizing certain members
to file a written argument regarding the charter amendment
regarding retention of benefits.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: Blackburn.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-204. directing the City Attorney to
prepare an impartial analysis of a City measure.
July 27, 2010 Carlsbad City Council Meeting Page 9
AYES: Lewis, Kulchin, Hall and Packard.
NOES: Blackburn.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-205. providing for the filing of
rebuttal arguments for City measures submitted at
Municipal Elections.
Council Members Lewis, Kulchin, Hall and Packard were
appointed to write the argument for and Council Member
Blackburn to write the argument against.
AYES: Lewis, Kulchin, Hall and Packard.
NOES: Blackburn.
CITY MANAGER COMMENTS:
None.
CITY ATTORNEY COMMENTS:
None.
ANNOUNCEMENTS:
None.
ADJOURNMENT:
By proper motion, the Regular Meeting of July 27, 2010 was adjourned by Council
Member Hall, in memory of Harold "Mac" McSherry, at 6.41p.m.
:ORRAIN£ M. WOOD, CMC
City Clerk
Donna Heraty
Minutes Clerk