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Home My WebLink About2011-07-12; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 12, 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: Mayor Pro Tem Kulchin led the pledge of allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held June 21, 2011. Minutes of the Regular Meeting held June 21, 2011. Minutes of the Joint Special Meeting held June 21, 2011. PRESENTATIONS: Presentation of proclamation in recognition of Peer Award recipients. Mayor Pro Tem Kulchin presented a proclamation to each Peer Award recipient. Presentation of proclamation in recognition of Parks and Recreation Month. Council Member Douglas presented a proclamation recognizing July 2011 as Parks and Recreation Month to Parks and Recreation Director Chris Hazeltine. Presentation of proclamation in recognition of Lagoon Day 2011. Council Member Packard presented a proclamation in recognition of July 24, 2011 as Carlsbad Lagoon Day to Agua Hedionda Lagoon Foundation Executive Director Lisa Rodman, Dr. Regg Antle, Executive Director of the Buena Vista Lagoon Foundation, and Fred Sandquist, Executive Director of the Batiquitos Lagoon Foundation. Presentation in recognition of the donation from the Friends of the Carlsbad Library. Library and Cultural Arts Director Heather Pizzuto, and President of the Friends of the Carlsbad Library Taffy Cannon, provided a brief overview of how the donated funds will be used. July 12, 2011 Carlsbad City Council Meeting Page 2 Presentation from the San Diego County Department of Animal Control Services. Laurie Joniau, Deputy Director of the County of San Diego Department of Animal Control Services, gave a brief presentation regarding the services Animal Control provides and informed the public about a licensing clinic to be held on Sunday, July 17, 2011 from Noon to 2:00 p.m. at the Carlsbad City Hall Parking Lot, 1200 Carlsbad Village Drive. CONSENT CALENDAR: Item Nos. 9 and 10 were pulled for discussion. Council Member Packard announced he would abstain from voting on Item No. 7 due to a potential conflict of interest. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items 1 through 8 as follows: AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #20.615-ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2011-160. accepting a donation and an additional pledge of funds from the Friends of the Carlsbad Library for the purchase of Library materials, the Carlsbad Reads Together Program and the Literacy Program; and, authorizing the appropriation of said funds. 2. AB #20.616 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2011-161. accepting a cash donation from the Leichtag Family Foundation in support of the Opportunity Grants Program; and, authorizing the appropriation of donated funds. 3. AB #20.617 -ACCEPTANCE OF DONATIONS. Council adopted RESOLUTION NO. 2011-162. accepting product and in-kind donations in support of the 2011 Eggstravaganza Spring Festival special event. 4. AB #20.618 - RATIFY THE JOINT OPERATING AND FINANCIAL PLAN AGREEMENT FOR ANIMAL CONTROL SERVICES. Council adopted RESOLUTION NO. 2011-163. ratifying the Joint Operating and Financial Plan Agreement for FY 2011-12 with the County of San Diego for animal control services; and, authorizing the City Manager to execute the agreement. July 12, 2011 Carlsbad City Council Meeting Page 3 5. AB #20.619 - APPROVE AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2011-164. approving Amendment No. 1 to the agreement with the City of Vista for ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer. 6. AB #20.620 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2011-165. accepting bids and awarding a contract to Valley Slurry Seal for construction of the 2011 Slurry Seal Project No. 6001-11SS. 7. AB #20.621 - REJECT ALL BIDS FOR CONSTRUCTION OF THE NORTHWEST QUADRANT STORM DRAIN IMPROVEMENT PROGRAM. CONCRETE REPAIR WORK AND PAVEMENT MANAGEMENT PROGRAM. Council adopted RESOLUTION NO. 2011-166. rejecting the bids received for construction of the Northwest Quadrant Storm Drain Improvement Program, Concrete Repair Work, and Pavement Management Program, Project Nos. 6608,6021 and 6001. 8. AB #20.622 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2011-167. accepting bids and awarding a contract to RMV Construction, Inc., for construction of the 2011 Concrete Replacement Project No. 6013. 9. AB #20.623 - SET COMMUNITY FACILITIES DISTRICT #1 RATES. This item was pulled for discussion. 10. AB #20.624 - COMMEND RESTAURANTS THAT REMOVED FOIE GRAS FROM THEIR MENUS. This item was pulled for discussion. DISCUSSION OF CONSENT CALENDAR ITEMS: 9. AB #20.623 - SET COMMUNITY FACILITIES DISTRICT #1 RATES. Council Member Douglas stated that because of the difficult economy she could not support increasing the special tax for Community Facilities District No. 1. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2011-168. establishing the Fiscal Year 2011-12 special tax for Community Facilities District No. 1. AYES: Hall, Kulchin, Blackburn and Packard. NOES: Douglas. July 12, 2011 Carlsbad City Council Meeting Page 4 10. AB #20.624 - COMMEND RESTAURANTS THAT REMOVED FOIE GRAS FROM THEIR MENUS. Dr. Jonathan Wadley, Campaign Director of the Animal Protection League came forward and thanked Council for its support of this item. Scott Sterling of Carlsbad, spoke in support of the item. Ann Scott of Carlsbad, spoke in support of this item. ACTION: On a motion by Council Member Blackburn, Council adopted RESOLUTION NO. 2011-169. commending restaurants that have removed foie gras from their menus. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. Mayor Hall requested and Council concurred to consider Item No. 15. 15. AB #20.629 - RECOMMENDATION TO NAME THE BARN THEATER AT LEO CARRILLO RANCH HISTORIC PARK. Recreation Services Manager Mick Calarco, presented the Parks and Recreation Commission's recommendation to Council, reciting the Kindle's many achievements and contributions to the Park. Joan and Alan Kindle thanked Council and staff for the honor of having the barn theater bear their name and for continuous support in restoring and opening the Ranch to the public. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2011-170. naming the barn theater at the Leo Carrillo Ranch Historic Park, the Kindle Theater. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ORDINANCE FOR INTRODUCTION: 11. AB #20.625 - AMEND CARLSBAD MUNICIPAL CODE RELATED TO DECORUM. THE ENFORCEMENT OF DECORUM AND DESIGNATED PENALTIES. City Attorney Ron Ball gave a brief explanation of the Ordinance. Buzzl 857@vahoo.com came forward and stated he was not in support of the proposed Ordinance. July 12, 2011 Carlsbad City Council Meeting Page 5 City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-153 amending Carlsbad Municipal Code Chapter 1.20, Sections 1.20.300, 1.20.310, 1.20.320 and 1.20.330, and renumbering 1.20.300 to 1.20.302 related to decorum and the enforcement of decorum; and, amending Section 1.08.010 related to designated penalties. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ORDINANCES FOR ADOPTION: 12. AB #20.626 -AMEND THE CARLSBAD MUNICIPAL CODE RELATED TO GRADING AND DRAINAGE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted 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. 13. AB #20.627 - AMEND THE CARLSBAD MUNICIPAL CODE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted 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. July 12, 2011 Carlsbad City Council Meeting Page 6 PUBLIC COMMENT: Buzzl 857@yahoo.com came forward and stated he felt that Carlsbad government was suppressing freedom of speech during Council meetings. Toby Cohantz, representing the Community Garden Coalition thanked Council for its recent action regarding the community garden and expressed hope that additional community gardens will be established by the City. Don Christiansen of Carlsbad came forward to address Council. Mr. Christiansen, at the request of North County Transit District, asked Council for its support to place a donated piano for public use at the Coaster Station located in the Village. Randy Carper of Carlsbad asked to be notified if the City determines to propose an increase in the number of adult dogs or cats permitted within a Carlsbad household. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #20.628 - PRESENTATION FROM THE EQUINOX CENTER REGARDING SAN DIEGO REGIONAL QUALITY OF LIFE. Ann Tartre, Executive Director of the Equinox Center, provided a PowerPoint presentation (on file in the Office of the City Clerk) to Council regarding the strength of the economy, health, and environment of the communities within San Diego County. 15. AB #20.629 - RECOMMENDATION TO NAME THE BARN THEATER AT LEO CARRILLO RANCH HISTORIC PARK. This item was discussed earlier. 16. AB #20.630 - ARTS COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-171. appointing Joann Johnson to the Arts Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. 17. AB #20.631 -TRAFFIC SAFETY COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2011-172. appointing Hope Wrisley to the Traffic Safety Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. July 12, 2011 Carlsbad City Council Meeting Page 7 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. ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Tuesday, July 19, 2011 from 11:00 a.m. to 1:00 p.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue Carlsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting of July 12, 2011 was adjourned at 8:00 p.m. lORR^INE M. WOOD, CMC City Clerk Sherry Freisinger Senior Deputy Clerk