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Home My WebLink About2011-06-07; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 7, 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. LEGISLATIVE INVOCATION: Pastor Jeff Enderle of Beautiful Savior Lutheran Church gave the legislative invocation. 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 May 17, 2011. Minutes of the Special Meeting held May 24, 2011. Minutes of the Regular Meeting held May 24, 2011. PRESENTATIONS: Mayor Hall presented a proclamation to Bill Dominguez acknowledging his contribution to the Planning Commission. Council Member Packard presented a proclamation to Marty Montgomery acknowledging his contribution to the Planning Commission. Library and Cultural Arts Director Heather Pizzuto recognized a donation from the Friends of the Library, who were represented by President Taffy Cannon. CONSENT CALENDAR: Item No. 9 was pulled for discussion. June 7, 2011 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. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1, #2, #3, #4, #5, #6, #7, #8, #10 and #11 as follows: AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 1. AB #20,567 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2011-116, accepting a donation from the Friends of the Carlsbad City Library in memory of Tony Carter and Jean Traynor; and, authorized the appropriation of said donation. 2. AB #20,568 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2011-117, accepting cash donations from the Carlsbad Senior Citizens Association, Friday afternoon bridge group and Lumina Foundation for Education to support transportation, special events and classes at the Carlsbad Senior Center; and, authorizing the appropriation of said donations. 3. AB #20.569 - ACCEPTANCE OF AWARD. Council adopted RESOLUTION NO. 2011-123, accepting the Fiscal Year 2010 US Department of Justice, Office of Justice Programs Congressionally Selected Award; and, authorizing the appropriation of said award to purchase equipment for the Joint First Responders Training Facility. 4. AB #20,570 - AUTHORIZE GRANT APPLICATION. Council adopted RESOLUTION NO. 2011-118, authorizing a grant application from the San Diego Gas and Electric SAFE San Diego Initiative Program for Carlsbad's Community Emergency Response Team program. 5. AB #20.571 - APPROVE AGREEMENT. Council adopted RESOLUTION NO. 2011-119, approving an agreement with Simon Wong Engineering for engineering services on bridge railing improvements on the bridge located a half-mile north of Carlsbad Village Drive on Carlsbad Boulevard over the San Diego Northern Railroad, Project No. 6016. 6. AB #20.572 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2011-120. accepting the construction of the CMP Replacement Program - State Street and Oak Avenue as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6607-08-01. 7. AB #20,573 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2011-121, accepting bids and awarding a contract to Ray White Cement, for the construction of the 2011 Concrete Replacement Project No. 6013. June 7, 2011 Carlsbad City Council Meeting Page 3 8. AB #20,574 - AUTHORIZE AMENDMENT FOR EXTENSION OF DEADLINE FOR CITY TO ISSUE NOTICE OF USE OF THE PALOMAR TRANSFER STATION. Council adopted RESOLUTION 2011-122, authorizing an amendment to the agreement with Palomar Transfer Station, Inc., to extend the deadline for the City to issue the contractor a notice of intent to use the Palomar Transfer Station during the Subsequent Operating Period that ends on December 2, 2011. 10. AB #20,575 - REPORT OUT SETTLEMENT AGREEMENT. Council accepted the report concerning the terms and conditions of the settlement agreement between San Diego Coastkeeper, Coastal Environmental Rights Foundation (CERF) and the City of Carlsbad, et. al., regarding the proposed Poseidon desalination plant. 11. AB #20,576 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of April 30, 2011. DISCUSSION OF CONSENT CALENDAR ITEM: 9. AB #20,583 -APPROVE MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD FIREFIGHTERS'ASSOCIATION, INC. Mike Calderwood, representing Carlsbad Firefighters Association, came forward to thank Council for the ratification of the Memorandum of Understanding. Council Member Packard stated that his vote reflected his opposition to the retroactive benefits provision. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2011-125, adopting a Memorandum of Understanding between representatives of management and the Carlsbad Firefighters Association, Inc. AYES: Hall, Kulchin, Blackburn and Douglas. NOES: Packard. ABSENT: None. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2011-126, amending the 457 Deferred Compensation Plan administered by Nationwide to permit loans for CFA represented participants. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. June 7, 2011 Carlsbad City Council Meeting Page 4 ORDINANCE FOR INTRODUCTION: 12. AB #20,577 - DELEGATE AUTHORITY TO ACCEPT PUBLIC EASEMENTS INTO THE CITYWIDE TRAIL SYSTEM. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-149. amending Section 11.04.050, and adding Section 11.04.060 to Chapter 11.04 of the Carlsbad Municipal Code, delegating authority for written acceptance of public easements into the Citywide Trail System by the City Manager or her designee. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. ORDINANCES FOR ADOPTION: 13. AB #20.578 - ESTABLISH STOP CONTROL City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-143. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Calle San Felipe at its intersection with Calle Posada. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 14. AB #20,579 - REPEAL CARLSBAD MUNICIPAL CODE RELATED TO UNIFORM TRAFFIC CONTROL DEVICES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-144. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Calle San Felipe at its intersection with Calle Posada. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. June 7, 2011 Carlsbad City Council Meeting Page 6 RECESS: Mayor Hall called a recess at 8:00 p.m.. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the Council Meeting at 8:07 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 19. AB #20,581 - OPERATING BUDGET PRESENTATION. Finance Director Chuck McBride and Finance Manager Judi Vincent gave the staff report and presented the Power Point presentation, on file in the Office of the City Clerk. The following staff members also participated in the presentation - Deputy City Manager Cynthia Haas Community and Economic Development Director Gary Barberio Assistant City Manager John Coates Transportation Director Skip Hammann Parks and Recreation Director Chris Hazeltine Housing and Neighborhood Services Director Debbie Fountain Gary Nessim, Carlsbad, came forward to request funds for Thursdays on the Coast and the Grand Promenade. The following people addressed Council in opposition to fee increases for the Community Garden - Patrice Smerdu, Carlsbad Gretchen M. Ashton, Carlsbad Lisa Roop, Carlsbad Jim Dimoff, Carlsbad Jane Palmer, Carlsbad Roger Roth, Carlsbad 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. ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Tuesday, June 14, 2011 - 11:00 a.m. - 1:00 p.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue Carlsbad, CA June 7, 2011 Carlsbad City Council Meeting Page 7 Thursday, June 16, 2011 - 4:30 p.m. - 6:00 p.m. Reception for Economic Development Manager Kathy Dodson Faraday Administration Center 1635 Faraday Avenue Carlsbad, CA CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of June 7, 2011 was adjourned at 10:12 p.m. JE M. WOOD, CMC City Clerk DONNA HERATY Deputy City Clerk