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HomeMy WebLinkAbout2011-06-28; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 28, 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 6:02 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. PRESENTATIONS: Mayor Hall presented a proclamation in recognition of Army and Navy Academy Atkinson Warrior Band Day to Brigadier General Stephen Bliss, President of Army and Navy Academy, and Jack Wyatt, Chairman of the Board of Trustees. CONSENT CALENDAR: 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 Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #4 as follows: AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 1. AB #20,602 - APPROVE ANNUAL BENEFIT ASSESSMENT . Council adopted RESOLUTION NO. 2011-149, approving annual benefit assessments for Buena Vista Channel Maintenance District Benefit Area No. 1. 2. AB #20,603 - DELEGATE POWERS TO CTBID BOARD. Council adopted RESOLUTION NO. 2011-150, delegating additional powers and duties to the Carlsbad Tourism Business Improvement District (CTBID) Advisory Board; and, validating all contracts entered into by the advisory board on behalf of CTBID from the inception date of CTBID to the present. 3. AB #20,604 - APPROVE CTBID ANNUAL REPORT. Council adopted RESOLUTION NO. 2011-151, approving the Annual Report of the Carlsbad Tourism Business Improvement District; and, continuing the programs and assessments for Fiscal Year 2011 -12. June 28, 2011 Carlsbad City Council Meeting Page 2 4. AB #20,605 - APPROVE MEMORANDUM OF UNDERSTANDING. Council adopted RESOLUTION NO. 2011-152, approving the Memorandum of Understanding Cost-Sharing Agreement between the City of Carlsbad and San Dieguito Unified School District for the School Resource Office ("SRO") Program for the school year of 2011. ORDINANCES FOR INTRODUCTION: 5. AB #20,606 - AMEND THE CARLSBAD MUNICIPAL CODE. Senior Civil Engineer Glen Van Peski gave the staff report and presented the 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 Tern Kulchin, Council introduced ORDINANCE NO. CS-151, amending Title 15, Grading and Drainage, of the Carlsbad Municipal Code to implement various recommendations of the Development Review Process Working Group, Summary Recommendations Report MCA 10-02. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 6. AB #20.607 - AMEND THE CARLSBAD MUNICIPAL CODE. The following people came forward to address Council in support of amending the social host ordinance - Janet Asaro, Carlsbad, representing the San Dieguito Alliance for Drug Free Youth Erica Leary, Program Manager, North Coastal Prevention Coalition City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-152, amending Chapter 8.45 of the Carlsbad Municipal Code enabling law enforcement to recover the actual costs of law enforcement services associated with the consumption of alcohol or controlled substances by minors at parties, events, or gatherings AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. June 28, 2011 Carlsbad City Council Meeting Page 3 ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2011-156, amending the City of Carlsbad Master Fee Schedule to include a fee for the actual cost of the response. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. ORDINANCE FOR ADOPTION: 7. #20,607 - AMEND THE CARLSBAD MUNICIPAL CODE. Council Member Packard stated that he had reconsidered this matter and intends to change his position for voting purposes. City Attorney Ron Ball titled the Ordinance. ACTION: The motion by Mayor Pro Tern Kulchin, to adopt ORDINANCE NO. CS-150, amending the Carlsbad Municipal Code by the amendment of Section 13.10.030 to establish the sewer capacity fee for use of the city sewer system and Encina Treatment Plant; and, Section 13.10.080 to establish the sewer benefit area fee for use of the city's South Agua Hedionda Interceptor Sewer; and, Section 13.10.090 to establish the sewer benefit area fee for use of the city's sewer facilities in Sewer Benefit Area H; and, Section 15.08.040(b) to establish the Planned Local Drainage Area Fee to be paid prior to issuance of any building or occupancy permit; and, Section 5.09.030(b) to establish the license tax fee to be paid for each mobile home space, failed due to lack of a majority. AYES: Kulchin and Blackburn. NOES: Hall, Douglas and Packard. ABSENT: None. ACTION: On a motion by Council Member Packard, Council instructed the City Attorney to return a new ordinance specifying that there are no fee increases, and to address any associated development impact fees adopted by resolution for Council's consideration. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. Council Member Packard excused himself due to illness and left the dais at 6:30 p.m. June 28, 2011 Carlsbad City Council Meeting Page 4 PUBLIC COMMENT: Buzzl857@yahoo.com, a.k.a. Policewatch.org, came forward to address Council regarding free speech. Amber Starbuck, Public Affairs Office, San Diego Gas and Electric, addressed Council regarding the summer outlook for energy supply, energy efficiency tips on their website, the CARE program and energy team programs. Kerry Siekmann, Carlsbad, came forward to thank Council for opposing NRG's proposed power plant. Glenn Bernard, Carlsbad, addressed Council regarding the Marine Corps and public/private sector partnerships. PUBLIC HEARINGS: 8. AB #20,608 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Senior Accountant Aaron Beanan gave the staff report and presented the Power Point presentation for Items #8 and #9, on file in the office of the City Clerk. Mayor Hall opened the duly notice public hearing at 6:52 p.m. Seeing no one wishing to speak, Mayor Hall closed the Public Hearing at 6:52 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2011-157. confirming the diagram and assessment; and, providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 1. AYES: Hall, Kulchin, Blackburn and Douglas. NOES: None. ABSENT: Packard. 9. AB #20,609 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2. Mayor Hall opened the duly notice public hearing at 6:53 p.m. Seeing no one wishing to speak, Mayor Hall closed the Public Hearing at 6:53 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2011-158, confirming the diagram and assessment; and, providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2. AYES: Hall, Kulchin, Blackburn and Douglas. NOES: None. ABSENT: Packard. June 28, 2011 Carlsbad City Council Meeting Page 5 ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT. Mayor Hall adjourned the meeting of the Carlsbad City Council at 6:54 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the Council Meeting at 7:23 p.m. with four Council Members present. RECESS: Mayor Hall called a recess at 7:24 p.m.. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the Council Meeting at 7:29 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB #20,611- LA COSTA AVENUE INTERIM STRIPING PLAN. Senior Civil Engineer Doug Bilse gave the staff report and presented the Power Point presentation, on file in the office of the City Clerk. Following a question by Council Member Blackburn, Mr. Bilse confirmed that the City will continue to monitor and analyze traffic data along La Costa Avenue and neighboring streets. The following people came forward and addressed Council regarding La Costa Avenue traffic- Ann Collins, Carlsbad Alan Thompson, Carlsbad Steve Linke, Carlsbad Evelyn Montalbano, Carlsbad Chris Young, Carlsbad James Miller, Carlsbad Chris Gate, Carlsbad Craig Miller, Carlsbad ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2011-154, as amended to include reporting and monitoring periods, approving the La Costa Avenue Interim Striping Plan; and, authorizing the City Traffic Engineer to prohibit on-street parking along La Costa Avenue between Rancho Santa Fe Road and El Camino Real at locations needed to achieve acceptable sight distance. AYES: Hall, Kulchin, Blackburn and Douglas. NOES. None. ABSENT: Packard. June 28, 2011 Carlsbad City Council Meeting Page 6 13. AB #20,614 - NEGOTIATE THE PURCHASE OF CONSERVATION CREDITS. Property and Environmental Management Director Dave Mauser, Senior Planner Mike Grimm and Environmental Manager Elaine Lukey gave the staff report and presented the Power Point presentation, on file in the office of the City Clerk. ACTION: On a motion by Council Member Blackburn, Council adopted RESOLUTION NO. 2011-159, authorizing the City Manager or designee to negotiate the purchase of County Gnatcatcher Core Area Conservation Credits. AYES: Hall, Kulchin, Blackburn and Douglas. NOES: None. ABSENT: Packard. 14. AB #20,612 - PLANNING COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-155. reappointing Michael Schumacher to the Plannng Commision. AYES: Hall, Kulchin, Blackburn and Douglas. NOES: None. ABSENT: Packard. 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: Wednesday, June 29, 2011 - 11:30 a.m. to 1:30 p.m. City of Carlsbad Peer Awards and Employee Appreciation Event Aviara Community Park 7435 Ambrosia Lane Carlsbad, CA Monday, July 4, 2011 - 10:00 a.m. to 2:30 p.m. Rancho Carlsbad July 4th Parade Rancho Carlsbad Mobile Home Community 5200 El Camino Real Carlsbad, CA June 28, 2011 Carlsbad City Council Meeting Page 7 Monday, July 4, 2011 - 6:00 to 9:30 p.m. Park Hyatt Aviara Resort Reception and Fireworks Display Carlsbad, CA CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: By proper motion, Mayor Hall adjourned the Regular Meeting of June 28, 2011 at 9:10 p.m. in memory of Clarence "Bud" Schlehuber. „ LORRAINE M. WOOD, CM City Clerk DONNA HERATY Deputy City Clerk