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Home My WebLink About2010-10-12; City Council; MinutesMEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: MINUTES CITY COUNCIL (Regular Meeting) October 12, 2010 6:00 p.m. City Council Chambers CALL TO ORDER: Mayor Pro Tem Kulchin called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Kulchin, Hall, Packard and Blackburn. Absent: Lewis. APPROVAL OF MINUTES: On a motion by Council Member Hall, the minutes of the following meetings were approved as presented: Minutes of the Special Meeting held September 9, 2010. Minutes of the Special Meeting held September 28, 2010. PRESENTATION: Council Member Packard presented a proclamation to Fred Chambers, Vice President of the Beach Cities Chapter of the National Federation of the Blind in recognition of White Cane and Guide Dog Safety Day on October 15, 2010. Mayor Pro Tem Kulchin read a statement from Mayor Lewis praising and thanking the school district for the quick action and community support during the shooting incident that took place at Kelly Elementary School on October 8, 2010. The Mayor's statement also recognized Carlsbad Police and Fire personnel for their actions during this event. Council Member Matt Hall presented a proclamation to Carlsbad Unified School District Board of Trustees Vice President Lisa Rodman in recognition of the commitment by Kelly Elementary School for its emergency preparedness and safety practices that aided with the event that took place at the school on October 8, 2010. CONSENT CALENDAR: ACTION: AYES: NOES: ABSENT: On a motion by Council Member Hall, Council affirmed the action of the Consent Calendar, Items #1 and #2 as follows: Kulchin, Hall, Packard and Blackburn. None. Lewis. October 12, 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 #20.379 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2010-237. accepting a donation from the Leichtag Family Foundation in support of the Opportunity Grants Fund. 2. AB #20.381 - APPROVE AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2010-240. approving Amendment No. 1 to the agreement with Dudek for construction management and inspection services for the grading of Alga Norte Park, Project No. 3837. PUBLIC COMMENT: Kevin Hardy, General Manager of the Encina Wastewater Authority, came forward to address Council. Mr. Hardy thanked Council and staff for its support during the rupture of the sewer main on October 7, 2010. Mr. Hardy also thanked Utilities Director Glenn Pruim and Public Works Superintendent Don Wasko for their assistance in preventing the sewer break from becoming an environmental disaster. Freespeachbuzz1857@yahoo.com (policewatch.org) came forward to address Council. He spoke about his interpretation of free speech during the public comment portion of the Council meeting. Lee Lambert came forward to address Council. Mr. Lambert asked Council to follow other cities in adopting a resolution in opposition of State Proposition No. 19. Michele Levy came forward to address Council. Ms. Levy encouraged Carlsbad residents not to vote for incumbents in the upcoming November election. PUBLIC HEARING: 3. AB #20.380 - EXTEND URGENCY ORDINANCE RELATING TO A MORATORIUM ON POWER PLANTS IN THE COASTAL ZONE. Senior Planner Christer Westman gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk) In response to an inquiry from Council Member Packard, Assistant City Attorney Paul Edmonson stated Council could take the letter delivered by Cabrillo Power before the beginning of this evening's Council meeting into consideration as it determines its decision on the matter. (The letter is on file in the Office of the City Clerk.) Mayor Pro Tern Kulchin opened the duly noticed Public Hearing at 6:35 p.m. Seeing no one wishing to speak, Mayor Pro Tem Kulchin closed the Public Hearing at 6:35 p.m. October 12, 2010 Carlsbad City Council Meeting Page 3 Assistant City Attorney Paul Edmonson titled the Ordinance. ACTION: On a motion by Council Member Hall, Council adopted ORDINANCE NO. CS-110. extending Urgency Ordinance No. CS-067 prohibiting the expansion or location of thermal electric power generation facilities within the City of Carlsbad Coastal Zone for 12 months; and, Adopted RESOLUTION NO. 2010-238. declaring an intention to continue the preparation of studies and consider amendments to the Land Use Element of the General Plan, Zoning Ordinance, and other regulations pertaining to the location and operation of thermal electric power generation facilities within the City. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. DEPARTMENTAL AND CITY MANAGER REPORT: 4. AB #20.378 - AGUA HEDIONDA CHANNEL DREDGING LICENSE AGREEMENT. Property and Environmental Management Director David Hauser gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Council Member Packard asked if staff had sought financial reimbursement for the emergency repairs to the channel during the 2006 storms. Mr. Hauser stated that it was felt there was adequate funding to cover the emergency repair work at the time. He added that staff will investigate reimbursement funding for the repairs, but securing the reimbursement may be more successful once the project permits are issued. Bill Arnold of Carlsbad came forward to address Council. Mr. Arnold, a Rancho Carlsbad Mobile Home Park resident, thanked Council and staff for their continued efforts to get Rancho Carlsbad Mobile Home Park out of the flood zone. He added that when this project is completed, none of the homes in the Park would be located in the flood zone. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2010-239. approving a license agreement for a mitigation site for the Agua Hedionda Channel Dredging Project, Project No. 3338. AYES: Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: Lewis. October 12, 2010 Carlsbad City Council Meeting Page 4 COUNCIL REPORTS AND COMMENTS: Mayor Pro Tern Kulchin 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: Karen Kundtz, Assistant City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, October 13, 2010 at 6:00 p.m. Carlsbad Charitable Foundation's Environmental Focus Forum New Village Arts Theatre 2787 State Street, Carlsbad Thursday, October 14, 2010 at 6:00 p.m. Boards & Commissions Appreciation Event The Crossings 5800 The Crossings Drive, Carlsbad Saturday, October 16, 2010 at 5:00 p.m. Boys & Girls Club of Carlsbad's Gala La Costa Resort and Spa 2100 Costa Del Mar Road, Carlsbad Tuesday, October 19, 2010 from 11:00-1:00 p.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue, Carlsbad Wednesday, October 20, 2010 at 6:00 p.m. Mayoral and City Council Candidates Forum Carlsbad Village Association 2822 State Street, Carlsbad ADJOURNMENT: By proper motion, the Regular Meeting of October 12, 2010 was adjourned at 6:54 p.m. {EN Assistant City Clerk" Sherry Freisinger Deputy Clerk