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Home My WebLink About2011-02-08; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 8, 2011 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Hall called the Regular Meeting to order at 6:00 p.m. ROLL CALL: was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. Absent: None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were approved as presented: Minutes of the Special Meeting held January 18, 2011. Minutes of the Special Meeting held January 25, 2011. Minutes of the Regular Meeting held January 25, 2011. PRESENTATIONS: Mayor Hall presented a proclamation to Jill McManigal in recognition of Kids for Peace. The Kids for Peace addressed Council and led the audience in a pledge for peace. Mayor Hall presented a proclamation to Heather Virdo, Head of Corporate Giving, Life Technologies, in recognition of Carlsbad Annual Day of Giving Back. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, the Council affirmed the action of the Consent Calendar, Items #1 through #6 as follows: AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #20,440 - AUTHORIZE RATIFICATION OF OPERATING AGREEMENT WITH STATE OF CALIFORNIA. Council adopted RESOLUTION NO. 2011-014, authorizing the Mayor to execute an operating agreement with the State of California - Resources Agency for the development, operation, control and maintenance of the Ocean Street Sculpture Park. February 8, 2011 Carlsbad City Council Meeting Page 2 2- AB #20.441 -APPROVE LEASE AGREEMENT. Council adopted RESOLUTION NO. 2011-015. approving a lease agreement with the Metropolitan Area Advisory Committee on Anti-Poverty in San Diego County Inc., dba "MAAC Project", for use of a city-owned preschool facility at 3368 Eureka Place; and, authorizing the City Manager to execute the agreement. 3. AB #20,442 - APPROVE COOPERATIVE AGREEMENT. Council adopted RESOLUTION NO. 2011-016, approving a Cooperative Agreement with other member cities and the County of San Diego to form a consortium for the Federal Home Investment Partnership Program; and, authorizing the City Manager or her written designee to execute the agreement. 4. AB #20.443 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2011-017. accepting the construction of the 2009 Slurry Seal Project by All American Asphalt as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6001-09(SS). 5. AB #20,444 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2011-018, accepting the construction of the Palomar Airport Road Right Turn Lane to Melrose Drive by PAL General Engineering, Inc. as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6012. 6. AB #20.445 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of December 31, 2010. ORDINANCE FOR INTRODUCTION: 7. AB #20,446 - EL FUERTE SUBDIVISION. Ann Estes, Carlsbad, came forward to address Council, and requested the wording of the resolution be changed to reflect the intent of the motion. Bob Lattin, Carlsbad, addressed Council and requested relief of the $1,000.00 appeal fee. In response to Ms. Estes, City Attorney Ron Ball stated that the intent of the Council was adequately covered in the Resolution. City Attorney Ron Ball titled the Ordinance for introduction. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-117. amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning map to grant a zone change, ZC 09-09, from One-Family Residential (R- 1) to Open Space (OS) on a portion of property generally located south of El Fuerte Street and north of Cacatua Street in Local Facilities Management Zone 6. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None February 8, 2011 Carlsbad City Council Meeting PageS ACTION: AYES: NOES: ABSENT: ACTION: AYES: NOES: ABSENT: PUBLIC COMMENT: On a minute motion by Mayor Pro Tern Kulchin, Council approved the refund of the $1,000.00 appeal fee to Mr. Bob Lattin on the grounds of substantial relief. Hall, Kulchin, Blackburn and Douglas. Packard. None. On a motion by Council Member Packard, Council approved RESOLUTION NO. 2011-019. denying the appeal of Tentative Map CT 04-13, Hillside Development Permit (HDP 04-06), Habitat Management Permit (HMP 09-10), and remanding the final design of the Tentative Map to the City Planner for approval, along with any other necessary permit approvals with five residential lots, one open space lot and a single access road to El Fuerte Street, and approving the Hillside Development Permit and Habitat Management Permit, adopting the Mitigated Negative Declaration and approving the General Plan Amendment (GPA 09-08); and, as amended by the City Attorney, that the appellant, having obtained substantial relief by virtue of his appeal, shall have the costs of the appeal refunded. Hall, Kulchin, Blackburn and Douglas. Packard. None. Buzzl857@vahoo.com, a.k.a. Policewatch.org, came forward to address Council regarding freedom of speech. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION Mayor Hall adjourned to the Joint Special Meeting of the Carlsbad City Council and Carlsbad Housing and Redevelopment Commission at 6:39 p.m. with five members present. RECONVENE CITY COUNCIL MEETING Mayor Hall reconvened the City Council Meeting at 6:41 p.m. with five members present. DEPARTMENTAL AND CITY MANAGER REPORT: 10. AB #20.449 - APPROVE PUBLIC ARTWORK CONCEPT DESIGN FOR JOINT FIRST RESPONDERS TRAINING FACILITY. 11. AB #20.450 - APPROVE PUBLIC ART CONTRACT TO FABRICATE AND INSTALL ARTWORK. Items #10 and #11 were combined for reporting purposes and discussion. February 8, 2011 Carlsbad City Council Meeting Page 4 Cultural Arts Manager Peter Gordon presented the Power Point presentation (on file in the office of the City Clerk. Artist Michael Stutz addressed Council describing his vision and proposal for the bronze and stainless steel bust forms of a firefighter and a police officer. Heath Fox, Chairman of the Arts Commission, came forward to address Council with an analysis of the public opinions acquired during the decision process. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2011-022 and RESOLUTION NO. 2011-023, approving the public artwork concept design and approving an agreement with Pleasant Line Corporation for fabrication and installation of artwork at the Joint First Responders Training Facility, Project No. 3686. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 12. AB #20,451 -APPROVE FORMAL NAMING OF TWIN INNS GAZEBO. Recreation Services Manager, Mick Calarco, addressed Council regarding the renaming of the Twin Inns Gazebo to the L. John Simons Twin Inns Gazebo at Magee Park, explaining how Mr. Simons was instrumental in the preservation and restoration of the Gazebo. ACTION: On a motion by Council Member Packard, Council adopted RESOLUTION NO. 2011-024. approving the formal naming of the Twin Inns Gazebo to the L. John Simons Twin Inns Gazebo. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 13. AB #20,452 - LA COSTA AVENUE ALTERNATIVES. Senior Civil Engineer Doug Bilse and Transportation Director Skip Hammann presented the Power Point presentation (on file in the office of the City Clerk). The following people addressed Council in favor of reducing traffic and discussing restriction of the parking on La Costa Avenue - Ernie Trujillo, Carlsbad, Evelyn Montamarno, Carlsbad Grace Trujillo, Carlsbad Discussion ensued regarding interim and long term improvements. February 8, 2011 Carlsbad City Council Meeting Page 5 ACTION: On a minute motion by Council member Douglas, Council approved the interim improvements along La Costa Avenue detailed in Items #1 through #3 on page 3 of the staff report. AYES: Hall, Kulchin, Blackburn and Douglas. NOES: Packard. ABSENT: None. ACTION: On a minute motion by Mayor Pro Tem Kulchin, Council agreed that item #4 on page 3 of the staff report, be returned to staff, and be bundled with the general concept of a road diet. AYES: Hall, Kulchin, Blackburn and Douglas. NOES: Packard ABSENT: None. Council member Packard stated that his votes reflected his belief that the proper path for these items was through the Traffic Safety Commission. RECESS: Mayor Hall declared a Council Recess at 8:01 p.m. with five Council Members present. RECONVENE MEETING: Mayor Hall reconvened the Council Meeting at 8:07 p.m. with five Council Members present. 14. AB #20.453 - 2010 PUBLIC OPINION SURVEY AND STATE OF EFFECTIVENESS REPORT. Management Analyst Lolly Sangster introduced Josh Williams of BW Research Partnership, who presented the Opinion Survey Power Point presentation (on file in the office of the City Clerk). Diane Nygaard, Carlsbad, came forward to address Council regarding the preservation and acquisition of natural lands. Management Analyst Lolly Sangster and Chris Heiser of the Carlsbad Fire Department presented the State of Effectiveness Report Power Point presentation (on file in the office of the City Clerk). Following a question from Mayor Hall regarding an increase in emergency response time, Mr. Heiser stated that the probable cause was an increase in population and road traffic, increased call volume, and an older population. Mr. Heiser also advised that this will be tracked for future trends. February 8, 2011 Carlsbad City Council Meeting Page 6 15. AB #20.454 - PARKS AND RECREATION COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-025. appointing Matt Simons to the Parks and Recreation Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 16. AB #20,455 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-026. appointing Wendy Hinman to the Library Board of Trustees. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 17. AB #20,456 - SENIOR COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-027. appointing Clarence Schlehuber to the Senior Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. COUNCIL REPORTS AND COMMENTS: Mayor Hall 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. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Tuesday, February 15, 2011 -8:30 a.m. The City Council members have been served with a combination Subpoena for their personal appearance for the trial commencing on February 15, 2011 at 8:30am at the Vista Courthouse, in Department 5 for the Superior Court Case of the People of the State of California v. Richard A. Shapiro. February 8, 2011 Carlsbad City Council Meeting Page 7 Tuesday, February 15 and 16, 2011 - 8:30 a.m. to 5:00 p.m. Carlsbad City Council Workshop Encina Wastewater Authority 6200 Avenida Encinas Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of February 8, 2011, was adjourned at 8:51 p.m. LORRAINE M. WOOD, CMC City Clerk Donna Heraty Deputy City Clerk