HomeMy WebLinkAbout2011-04-26; City Council; Minutes (3)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 26, 2011
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Hall called the 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.
PLEDGE OF ALLEGIANCE:
Council Member Blackburn led the pledge of allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were
unanimously approved as presented:
Minutes of the Special Meeting held April 5, 2011.
Minutes of the Regular Meeting held April 5, 2011.
PRESENTATIONS:
Council Member Packard presented a proclamation to Parks and Recreation Director Chris
Hazeltine in recognition of National Arbor Week. California Department of Forestry and Fire
Protection representative Thomas Shoots presented the City with the 7th Annual Tree City USA
Award.
Council Member Blackburn presented a proclamation to Police Chief Gary Morrison in
recognition of Law Enforcement Memorial Day.
CONSENT CALENDAR:
Item No. 5 was pulled for discussion.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of
the Consent Calendar, Items #1 through #4 and Items #6 through #14 as
follows:
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
April 26, 2011 Carlsbad City Council Meeting Page 2
1. AB #20,509 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2011-064. accepting a donation from the North
San Diego County Genealogical Society to the Library to purchase and maintain a
BookScan Center for the Genealogy Division of the Georgina Cole Library.
2. AB #20,510 - ACCEPTANCE OF DONATION .
Council adopted RESOLUTION NO. 2011-065, accepting a donation from Robert
Duschner, in memory of his brother Michael J. Duschner, to the Carlsbad Library.
3. AB#20,511 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2011-066, accepting donations of products and in-
kind services from various individuals in support of the 2011 Teen Scene event.
4. AB #20,512 - AUTHORIZATION TO APPLY FOR A LIBRARY LITERACY GRANT.
Council adopted RESOLUTION NO. 2011-067, authorizing a grant application to the
California State Library for California Library Literacy Service Act funds to support the
Carlsbad Library Literacy Program.
6. AB #20,514 - APPROVE FLOWER FIELDS GRANT APPLICATIONS.
Council adopted RESOLUTION NO. 2011-069, approving two grant requests from CB
Enterprises, a subsidiary of Carltas Company, to provide aid to the flower growing
operations of the Flower Fields at Carlsbad Ranch; and, authorizing the appropriation of
grant funds.
7. AB #20,515 - AUTHORIZE AMENDED DOCUMENTS TO SUBSTITUTE CREDIT
FACILITY.
Council adopted RESOLUTION NO. 2011-070, authorizing the City Manager to execute
the amended documents to effect the delivery of a substitute credit facility through a
letter of credit from Wells Fargo Bank for the Santa Fe Ranch Apartments.
8. AB #20,516 - APPROVE AMENDMENT TO AGREEMENT.
Council adopted RESOLUTION NO. 2011-071, approving Amendment No. 3 to the
agreement with Tiburon, Inc. for support services related to the Police Computer Aided
Dispatch and Mobile System.
9. AB #20,517 -APPROVE OUT-OF-STATE TRAVEL REQUEST.
Council adopted RESOLUTION NO. 2011-072, approving out-of-state travel for five city
employees to attend FEMA training; and, accepting and authorizing the appropriation of
Federal State Homeland Security Grant funds to reimburse meal costs.
10. AB #20.518 -ALLOCATE COSTS FOR UPGRADE OF PUBLIC SAFETY INFORMATION
SYSTEM AND APPROVE AMENDMENT TO AGREEMENT.
Council adopted RESULUTION NO. 2011-073. authorizing the allocation of costs for the
upgrade of the Public Safety Information System; and RESOLUTION NO. 2011-074.
approving Amendment No. 4 to the agreement with Tiburon, Inc. for support services
related to the Police Computer Aided Dispatch and Mobile System.
11. AB #20,519 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2011-075, approving the plans and specifications
for the 2011 Slurry Seal Project; and, authorizing the City Clerk to advertise for bids,
Project No. 6001-11SS.
April 26, 2011 Carlsbad City Council Meeting Page 3
12. AB #20.520 - AUTHORIZE THE PURCHASE OF A REPLACEMENT MOBILE INTENSIVE
CARE UNIT.
Council adopted RESOLUTION NO. 2011-076, authorizing the purchase of a
replacement of a Mobile Intensive Care Unit from Emergency Federal Group, Inc; and,
authorizing the appropriation of funds from the Fleet-Vehicle Replacement Fund to the
Fiscal Year 2010-11 Fleet-Vehicle Replacement Budget.
13. AB #20.521 -APPROVE FINAL MAP FOR POINSETTIA PROPERTIES.
Council adopted RESOLUTION NO. 2011-077, approving the Final Map for Poinsettia
Properties; and, authorizing the Final Map to be recorded, CT 05-10.
Resolution No. 2011-077.
14. AB #20.522 - SUMMARY VACATION OF TRAIL EASEMENT.
Council adopted RESOLUTION NO. 2011-078, summarily vacating a trail easement
over a portion of lot 195 of Map No. 15318 and a portion of lot 48 of Map No. 15649,
PR, 11-01, located southeast of the intersection of Avenida Soledad and Rancho Santa
Fe Road.
DISCUSSION OF CONSENT CALENDAR ITEM:
5. AB #20.513 - DECLARATION OF INTENT TO AMEND THE 2005-2010 HOUSING
ELEMENT.
De'Ann Weimer, Carlsbad, representing Friends of Aviara, came forward to address Council
and expressed concern regarding the timelines for implementation.
City Attorney Ron Ball responded that the timelines were set at the maximum allowed, and were
in compliance with State law.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council approved
RESOLUTION NO. 2011-068, declaring an intent to amend the
2005-2010 Housing Element to provide updated timelines for
implementation of actions necessary to achieve General Plan
consistency.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ORDINANCES FOR INTRODUCTION:
15. AB #20,523 - AMEND CARLSBAD MUNICIPAL CODE RELATED TO BICYCLES.
SKATEBOARDS. INLINE SKATES, ROLLER SKATES AND SIMILAR FORMS OF
TRANSPORTATION.
Police Chief Gary Morrison gave the staff report and Power Point presentation, on file in the
office of the City Clerk.
In response to Council Member Douglas, Mr. Morrison stated that, after the Municipal Code is
amended, police officers would be able to issue citations for reckless behavior.
April 26, 2011 Carlsbad City Council Meeting Page 4
The following people addressed Council against the use of inline skates on the lower sea wall -
Janet Kiele, Oceanside
Pete Bilchik, Oceanside
Sam Lyafhovetsky, Carlsbad, came forward to address Council about inexperienced inline
skaters on the sea wall and requested a compromise.
Jim Young, Carlsbad, came forward to address Council in favor of inline skating the and
promotion of physical fitness.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-139, amending Title 10, Chapters 10.56
and 10.58, and Title 11, Chapter 11.32, Section 11.32.070, of the
Carlsbad Municipal Code related to bicycles, skateboards, inline
skates, roller skates, coasters, toy vehicles and similar forms of
transportation.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
16. AB #20,524 - INCREASE PRIMA FACIE SPEED LIMIT ON LOKER AVENUE.
Traffic Engineer John Kim gave the staff report and Power Point presentation, on file in the
office of the City Clerk.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. CS-140, amending Title 10, Chapter 10.44 of
the Carlsbad Municipal Code by the revision of Sections
10.44.460 and 10.44.470 to increase the 30 mile per hour prima
facie speed limit to 40 miles per hour on Loker Avenue West and
East from Palomar Airport Road to El Fuerte Street.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
April 26, 2011 Carlsbad City Council Meeting Page 5
17. AB #20,525 - ESTABLISH STOP CONTROLS ON MONROE STREET.
Council Member Packard opposed the Ordinance as he believed it would create increased
traffic congestion near Carlsbad High School.
City Attorney Ron Ball stated that the Ordinance would be amended on its face to reflect the
street name as Monroe Street/Lancer Way.
Mr. Ball titled the Ordinance as amended.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-141, amending Title 10, Chapter 10.28 of
the Carlsbad Municipal Code to require stops on Monroe
Street/Lancer Way at its intersection with Gayle Way.
AYES: Hall, Kulchin, Blackburn and Douglas.
NOES: Packard.
ABSENT: None.
ORDINANCES FOR ADOPTION:
18. AB #20.526 - ESTABLISH STOP CONTROLS ON BEECH AVENUE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. CS-136, amending Title 10, Chapter 10.28 of
the Carlsbad Municipal Code, by the addition of Section
10.28.968, to require stops on Beech Avenue at its intersection
with Ocean Street.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
19. AB #20,527 - AMEND CARLSBAD MUNICIPAL CODE TO IMPLEMENT VARIOUS
RECOMMENDATIONS OF THE DEVELOPMENT REVIEW PROCESS WORKING
GROUP.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. CS-135, amending the Carlsbad Municipal
Code, Title 11 - Public Property, Title 15 - Grading and Drainage,
and Title 20 - Subdivisions, to implement various
recommendations identified in the Development Review Process
Working Group Summary Recommendations Report, MCA 10-02.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
April 26, 2011 Carlsbad City Council Meeting Page 6
20. AB #20,528 - ESTABLISH THE CITY AS THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF CARLSBAD.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. CS-138, enacting Carlsbad Municipal Code,
Title 23, establishing the City as the successor agency to the
former Redevelopment Agency of the City of Carlsbad and
overruling state law interfering with the municipal affairs of the
City of Carlsbad.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Cheryl Ehlers, Carlsbad Village Association, came forward to invite Council Members and the
public to The Experience, previously known as Thursdays on the Coast.
Ron Haugland, Carlsbad, addressed Council regarding second hand smoking issues.
Renee Glotzbach, San Marcos, came forward to address Council in opposition to the
consumption of alcohol at City sponsored events.
Buzzl857@vahoo.com (a.k.a. Policewatch.org) came forward to address Council regarding
freedom of speech.
Glenn Bernard, Carlsbad, addressed Council regarding solar energy, NRG and recreational
vehicle parking on Carlsbad Boulevard.
PUBLIC HEARINGS:
21. AB #20,529 - WEED ABATEMENT.
Fire Division Chief Chris Heiser gave the staff report.
Mayor Hall opened the public hearing at 7.06pm.
Seeing no-one wished to speak, Mayor Hall closed the public hearing at 7.06pm.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2011-079, directing the Fire Chief to abate
nuisances by having weeds, rubbish and refuse removed from
identified parcels.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
April 26, 2011 Carlsbad City Council Meeting Page 7
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER
DISTRICT
Mayor Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District at
7:10 p.m. with five members present.
RECONVENE CITY COUNCIL MEETING
Mayor Hall reconvened the City Council Meeting at 7:20 p.m. with five members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
24. AB #20,530 - 2011-2012 CDBG/HOME PROGRAM FUNDING ALLOCATIONS.
Senior Management Analyst Frank Boensch gave the staff report.
The following people addressed Council requesting support -
Maree Jones Kirk, Fraternity House Incorporated
Scott Morgland, Ivy Ranch Park
Reggie Washington and AWARE Program members
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2011-081, approving funding applications for
the 2011-2012 Community Development Block Grant and Home
Investment Partnership Program; and, authorizing the City
Manager to execute agreements for the approved projects.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
Council Member Blackburn requested that additional organizations be allocated funds from
Council discretionary funds.
Council Member Packard opposed allocating additional funds stating that this action by-passed
existing policies and practices.
Mayor Hall also opposed allocating additional funds and spoke in favor of the recommendation
made by the advisory committee.
ACTION: On a minute motion by Council Member Blackburn, Council
approved the allocation of additional funds from Council
discretionary funds as follows, $5,000.00 to Fraternity House,
$5,000.00 to the AWARE program and $5,000.00 to Ivy Ranch.
AYES: Kulchin, Blackburn and Douglas.
NOES: Hall and Packard.
ABSENT: None.
April 26, 2011 Carlsbad City Council Meeting Page 8
25. AB #20,531 - MAINTENANCE AND OPERATIONS CENTER DESIGN-BUILD
PROCUREMENT.
Property and Environmental Management Director Dave Mauser and Municipal Property
Manager Joe Garuba gave the staff report and Power Point presentation, on file in the Office of
the City Clerk.
In response to Council Member Douglas, Mr. Mauser stated that the budget for this project had
previously been approved by Council in the amount of $28 million.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2011-082, authorizing staff to proceed with a
design-build procurement approach for the construction of a new
Maintenance and Operations Center.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES. None.
ABSENT: None.
PUBLIC COMMENT: Continuation of the Public Comments.
Michael Pines, Carlsbad, came forward to address Council regarding the foreclosure crisis.
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:
Friday, April 29, 2011 - 10:30 a.m.
Scripps Encinitas Parking Deck Opening Celebration
Scripps Encinitas Campus
354 Santa Fe Drive
Encinitas, CA
Thursday, May 5, 2000 - 12:00 p.m.
Carlsbad Police Department's Annual Volunteer Luncheon
Carlsbad Safety Center
2560 Orion Way
Carlsbad, CA
April 26, 2011 Carlsbad City Council Meeting Page 9
Thursday, May 5, 2011 - 5:00 p.m.
Carlsbad Citizens' Academy Graduation
City Council Chambers
1200 Carlsbad Village Drive
Carlsbad, CA
Tuesday, May 10, 2010 - 10:30 a.m.
City of Carlsbad's Ribbon Cutting Ceremony -
L. John Simons Twin Inns Gazebo
Magee Park, 258 Beech Avenue
Carlsbad, CA
ADJOURNMENT:
By proper motion, the Regular Meeting of April 26, 2011 was adjourned at 8:25 p.m.
MNE M. WOOD, CMC
City CleVk
DONNA HERATY
Deputy City Clerk