Mayor Lewis presented a Proclamation to Regg Antle, President of the Buena Vista Lagoon Foundation; Eric Munoz, President of the Agua Hedionda Lagoon Foundation; and, Fred Sandquist, President of the Batiquitos Lagoon Foundation in recognition of Carlsbad Lagoon Day on Saturday, July 14, 2007.

CONSENT CALENDAR:

Council concurred to hear Departmental Report Item Nos. 18 and 19 following the Consent Calendar.

Item No. 3 was pulled for discussion.

Council Member Packard requested that Consent Calendar Item No. 11 reflect his vote as No.

1. AB #19,058 - COUNCIL POLICY 72 - MOBILE HANDHELD DEVICES. Approving Council Policy No. 72, which provides guidelines to individuals utilizing City-issued mobile handheld devices and recipients of a City-issued stipend.

AB19058

2. AB #19,059 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer’s Report on City investments as of May 31, 2007.

AB19059

This Item Was Pulled For Discussion:

3. AB #19,060 - ACCEPTANCE OF DONATION. Accepting a donation from the La Costa Regional Chapter of the American Youth Soccer Association (AYSO) for equipment and supplies for Aviara Community Park.
Resolution No. 2007-161.

AB19060

4. AB #19,061 - UTILITY EASEMENT VACATION. Summarily vacating a general utility easement across parcels 2, 3 and 4 of MS 04-19A, Map 19958 on the west side of El Fuerte Street, north of Poinsettia and south of Gateway Road (PR 07-01, CUP 06-11).
Resolution No. 2007-162.

AB19061

5. AB #19,062 - EASEMENT VACATION. Summarily vacating an easement for relinquishment of access rights from Parcel 2 of Map 19958 adjacent to El Fuerte Street, (PR 07-35, CUP 06-11).
Resolution No. 2007-163.

AB19062

6. AB #19,066 - AWARD OF CONTRACT. Accepting the bid and awarding the contract to T & T Janitorial, for custodial maintenance services for various city facilities (Bid No. 07-16).
Resolution No. 2007-167.

AB19066

7. AB #19,067 - EXTENSION AND AMENDMENT TO AGREEMENT. Approving Extension and Amendment No. 3 to the agreement with Wittman Enterprises, LLC for ambulance billing services.

AB19067

8. AB #19,068 - APPROVAL OF SALARY ADJUSTMENT FOR CITY MANAGER. Approving the adjustment to the salary of the City Manager, effective January 1, 2007.
Resolution No. 2007-169.

AB19068

9. AB #19,069 - APPROVAL OF SALARY ADJUSTMENT FOR CITY ATTORNEY. Approving the adjustment to the salary of the City Attorney, effective January 1, 2007.
Resolution No. 2007-170.

AB19069

10. AB #19,070 - AMENDMENT TO AGREEMENT. Approving the Ratification of Amendment No. 5 to the agreement with Simon Wong Engineering for as-needed construction management and inspection services.
Resolution No. 2007-171.

AB19070

11. AB #19,071 - SUPPORT FOR THE "CALLING FOR 2-1-1" ACT (S 211/HR 211). Authorizing support for Federal funding for the "Calling for 2-1-1" Act (S211/HR 211).
Resolution No. 2007-172.

AB19071

Council concurred to hear Departmental and City Manager Report Item Nos. 18 and 19 at this time.

DEPARTMENTAL AND CITY MANAGER REPORTS:

18. AB #19,064 - AWARD OF CONTRACT. To consider accepting bids and awarding a contract for construction of the 2007 Slurry Seal Project to Roy Allan Slurry Seal, Project No. 3667-14/6001-13.
Resolution No. 2007-165.

AB19064

City Attorney Ron Ball explained that staff had received a bid protest regarding the award of the contract for the 2007 Slurry Seal Project; however, the protest had been withdrawn. Therefore, staff is recommending that the bids be accepted and the contract awarded to Roy Allan Slurry Seal.

19. AB #19,072 - PRESENTATION FROM TIP (TRAUMA INTERVENTION PROGRAM . To receive a presentation from the Executive Director of the Trauma Intervention Program.

AB19072

Mayor Lewis adjourned to the Joint Emergency Meeting of the Carlsbad City Council and Public Financing Authority at 6:17 p.m. with five Council Members present.

1. AB #19,082 – CLEANUP AND REPAIR OF DAMAGE TO THE CROSSINGS AT CARLSBAD GOLF COURSE FROM A PLANE CRASH.

Mayor Lewis adjourned the Joint Emergency Meeting of the Carlsbad City Council and Public Financing Authority and reconvened the City Council Meeting at 6:25 p.m. with five Council Members present.

ORDINANCES FOR ADOPTION

12. AB #19,073 - ESTABLISH ALL-WAY STOP ON ORION STREET AND IMPALA DRIVE. Adopting Ordinance No. NS-846 amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require a stop on Orion Street at its intersection with Impala Drive, to require a stop on Impala Drive at its intersection with Orion Street, and to require a stop on Impala Drive at its intersection with Palmer Way.

AB19073

13. AB #19,074 - DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006. Adopting Ordinance No. NS-848 amending Title 5 of the Carlsbad Municipal Code, Business Licenses and Regulations, by the addition of Chapter 5.29 adopting Local Regulations applicable to holders of State Video Franchises issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006-Assembly Bill 2987.

AB19074

14. AB #19,075 - AURA CIRCLE. Adopting Ordinance NS-847 amending Section 21.05.030 of the Carlsbad Municipal Code granting a Zone Change, ZC 05-03, from R-1 One Family Residential Zone (8,000 square foot minimum lot size) to Open Space (OS) on lots 10 and 11 of CT 03-10 on property generally located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities

AB19075

PUBLIC COMMENT:

PUBLIC HEARINGS:

15. AB #19,076 - MAINTENANCE AND REPAIR OF SEWER LATERALS. To continue the public hearing regarding the Amendment of Chapter 13.04 of the Carlsbad Municipal Code, clarifying the responsibility of maintenance and repair of sewer laterals, to the meeting of July 24, 2007.

AB19076

16. AB #19,078 - STREET LIGHTING AND LANDSCAPE DISTRICT 1. To consider confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 1.
Resolution No. 2007-174.

AB19078

17. AB #19,077 - STREET LIGHTING AND LANDSCAPE DISTRICT 2. To consider confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2.
Resolution No. 2007-173.

1. AB #403 - ROOSEVELT CENTER -RP 06-03/CDP 06-09. To consider approving a Major Redevelopment Permit (RP 06-03) and Coastal Development Permit (CDP 06-09) allowing the construction of a mixed-use development project consisting of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space, and two apartment units on property located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area; and,
To consider approving a Parking-In-Lieu Fee Participation Agreement with Thomas J. Hurley and Richard A. Woolsley.
Resolution No. 441 and Resolution No. 442.

AB403

Commission Members Hall and Packard left the dais at 6:46 p.m. due to a potential conflict of interest relating to this item.

Junior Planner Austin Silva presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).

Chair Lewis opened the duly noticed Public Hearing at 6:55 p.m. and asked if anyone would like to speak.

Mary Jacobsen, owner of Beach City Smoothies, came forward to address the Commission. Ms. Jacobsen expressed concerns relating to adequate parking in the Village are if the project were to proceed. She commented that parking is already somewhat difficult to obtain for potential customers.

Gary Nessim, 2987 Highland Drive, Carlsbad, also expressed concerns relating to adequate parking in the Village area. Mr. Nessim suggested that the Commission pursue construction of a parking structure prior to approving additional development in the Village.

Gary Hill, 3289 Donna Drive, Carlsbad, spoke in support of the project.

Seeing no one else wishing to speak Chair Lewis closed the Public Hearing at 7:06 p.m.

Commission Members Hall and Packard returned to the dais at 7:15 p.m.

Mayor Lewis adjourned the Special Meeting of the Housing and Redevelopment Commission and reconvened the City Council Meeting at 7:15 p.m. with five Council Members present.

Mayor Lewis declared a recess at 7:15 p.m. Council reconvened at 7:22 p.m., with five members present.

DEPARTMENTAL AND CITY MANAGER REPORTS:

20. AB #19,079 - PARTNERS FOR LIVABLE COMMUNITIES WORK PROGRAM AND APPOINTMENT OF A SEVEN-MEMBER CITIZENS PROCESS COMMITTEE. To consider approving the Partners for Livable Communities Work Program for the implementation of Proposition D, and appointing a seven-member Proposition D Citizens Process Committee. Resolution No. 2007-175. ACTION:

AB19079

Community Development Director Sandy Holder presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).

Gary Hill, 3289 Donna Drive, Carlsbad, expressed his support for the Proposition D process outlined by Ms. Holder.

21. AB #19,080 - APPROVAL OF AGREEMENT. To consider approving a cost-sharing agreement for the Carlsbad Hydrological Unit to establish responsibilities under the Regional Water Quality Control Board Investigative Order R9-2006-076, and appointing a signature authority.
Resolution No. 2007-176.

AB19080

Storm Water Manager Elaine Lukey presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).

Council Member Packard expressed concerns relating to the state mandate.

22. AB #19,081 - TRAFFIC SAFETY COMMISSION APPOINTMENT. To consider appointing one member to the Traffic Safety Commission.
Resolution No. 2007-177.

AB19081

City Clerk Lorraine Wood announced that Council has been invited and may attend the following upcoming events:

Saturday, July 14, 2007

Carlsbad Lagoon Day Event

1580 Cannon Road

Carlsbad, California

Ms. Wood also announced that Time Warner Cable would be shifting the City Council Meeting broadcast channel from Channel 3 to Channel 19 beginning July 17, 2007.

By proper motion, the Regular Meeting of July 10, 2007, was adjourned at 8:05 p.m.

Jul 10, 2007 City Council Meeting

Full agenda
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CALL TO ORDER: 6:00 P.M.

ROLL CALL:

Roll Call: 5 members present, 0 members absent, 0 members excused.

APPROVAL OF MINUTES:

Minutes of the Regular Meeting held June 19, 2007.

Mayor Pro Tem Kulchin and Council Member Nygaard abstained from the approval of the Minutes due to their absence from the meeting.

On a motion by Council Member Hall, the minutes were approved as presented.

CONSENT CALENDAR:

Council concurred to hear Departmental Report Item Nos. 18 and 19 following the Consent Calendar.

Item No. 3 was pulled for discussion.

Council Member Packard requested that Consent Calendar Item No. 11 reflect his vote as No.

1. AB #19,058 - COUNCIL POLICY 72 - MOBILE HANDHELD DEVICES. Approving Council Policy No. 72, which provides guidelines to individuals utilizing City-issued mobile handheld devices and recipients of a City-issued stipend.

AB19058

2. AB #19,059 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer’s Report on City investments as of May 31, 2007.

AB19059

This Item Was Pulled For Discussion:

3. AB #19,060 - ACCEPTANCE OF DONATION. Accepting a donation from the La Costa Regional Chapter of the American Youth Soccer Association (AYSO) for equipment and supplies for Aviara Community Park.
Resolution No. 2007-161.

AB19060

4. AB #19,061 - UTILITY EASEMENT VACATION. Summarily vacating a general utility easement across parcels 2, 3 and 4 of MS 04-19A, Map 19958 on the west side of El Fuerte Street, north of Poinsettia and south of Gateway Road (PR 07-01, CUP 06-11).
Resolution No. 2007-162.

AB19061

5. AB #19,062 - EASEMENT VACATION. Summarily vacating an easement for relinquishment of access rights from Parcel 2 of Map 19958 adjacent to El Fuerte Street, (PR 07-35, CUP 06-11).
Resolution No. 2007-163.

AB19062

6. AB #19,066 - AWARD OF CONTRACT. Accepting the bid and awarding the contract to T & T Janitorial, for custodial maintenance services for various city facilities (Bid No. 07-16).
Resolution No. 2007-167.

AB19066

7. AB #19,067 - EXTENSION AND AMENDMENT TO AGREEMENT. Approving Extension and Amendment No. 3 to the agreement with Wittman Enterprises, LLC for ambulance billing services.

AB19067

8. AB #19,068 - APPROVAL OF SALARY ADJUSTMENT FOR CITY MANAGER. Approving the adjustment to the salary of the City Manager, effective January 1, 2007.
Resolution No. 2007-169.

AB19068

9. AB #19,069 - APPROVAL OF SALARY ADJUSTMENT FOR CITY ATTORNEY. Approving the adjustment to the salary of the City Attorney, effective January 1, 2007.
Resolution No. 2007-170.

AB19069

10. AB #19,070 - AMENDMENT TO AGREEMENT. Approving the Ratification of Amendment No. 5 to the agreement with Simon Wong Engineering for as-needed construction management and inspection services.
Resolution No. 2007-171.

AB19070

11. AB #19,071 - SUPPORT FOR THE "CALLING FOR 2-1-1" ACT (S 211/HR 211). Authorizing support for Federal funding for the "Calling for 2-1-1" Act (S211/HR 211).
Resolution No. 2007-172.

AB19071

Council concurred to hear Departmental and City Manager Report Item Nos. 18 and 19 at this time.

DEPARTMENTAL AND CITY MANAGER REPORTS:

18. AB #19,064 - AWARD OF CONTRACT. To consider accepting bids and awarding a contract for construction of the 2007 Slurry Seal Project to Roy Allan Slurry Seal, Project No. 3667-14/6001-13.
Resolution No. 2007-165.

AB19064

19. AB #19,072 - PRESENTATION FROM TIP (TRAUMA INTERVENTION PROGRAM . To receive a presentation from the Executive Director of the Trauma Intervention Program.

AB19072

Mayor Lewis adjourned to the Joint Emergency Meeting of the Carlsbad City Council and Public Financing Authority at 6:17 p.m. with five Council Members present.

1. AB #19,082 – CLEANUP AND REPAIR OF DAMAGE TO THE CROSSINGS AT CARLSBAD GOLF COURSE FROM A PLANE CRASH.

Mayor Lewis adjourned the Joint Emergency Meeting of the Carlsbad City Council and Public Financing Authority and reconvened the City Council Meeting at 6:25 p.m. with five Council Members present.

ORDINANCES FOR ADOPTION

12. AB #19,073 - ESTABLISH ALL-WAY STOP ON ORION STREET AND IMPALA DRIVE. Adopting Ordinance No. NS-846 amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require a stop on Orion Street at its intersection with Impala Drive, to require a stop on Impala Drive at its intersection with Orion Street, and to require a stop on Impala Drive at its intersection with Palmer Way.

AB19073

13. AB #19,074 - DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006. Adopting Ordinance No. NS-848 amending Title 5 of the Carlsbad Municipal Code, Business Licenses and Regulations, by the addition of Chapter 5.29 adopting Local Regulations applicable to holders of State Video Franchises issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006-Assembly Bill 2987.

AB19074

14. AB #19,075 - AURA CIRCLE. Adopting Ordinance NS-847 amending Section 21.05.030 of the Carlsbad Municipal Code granting a Zone Change, ZC 05-03, from R-1 One Family Residential Zone (8,000 square foot minimum lot size) to Open Space (OS) on lots 10 and 11 of CT 03-10 on property generally located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities

AB19075

PUBLIC COMMENT:

PUBLIC HEARINGS:

15. AB #19,076 - MAINTENANCE AND REPAIR OF SEWER LATERALS. To continue the public hearing regarding the Amendment of Chapter 13.04 of the Carlsbad Municipal Code, clarifying the responsibility of maintenance and repair of sewer laterals, to the meeting of July 24, 2007.

AB19076

16. AB #19,078 - STREET LIGHTING AND LANDSCAPE DISTRICT 1. To consider confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 1.
Resolution No. 2007-174.

AB19078

17. AB #19,077 - STREET LIGHTING AND LANDSCAPE DISTRICT 2. To consider confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2.
Resolution No. 2007-173.

AB19077

Mayor Lewis opened the duly noticed Public Hearings at 6:45 p.m. and asked if anyone would like to speak.

Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 6:45 p.m.

Mayor Lewis adjourned to the Special Meeting of the Housing and Redevelopment Commission at 6:47 p.m. with five Council Members present.

ROLL CALL: All Members Present.

APPROVAL OF MINUTES:

Minutes of the Special Meeting held June 12, 2007.

Minutes of the Regular Meeting held June 19, 2007.

PUBLIC HEARING:

This item is continued from the Commission Meeting of June 19, 2007.

1. AB #403 - ROOSEVELT CENTER -RP 06-03/CDP 06-09. To consider approving a Major Redevelopment Permit (RP 06-03) and Coastal Development Permit (CDP 06-09) allowing the construction of a mixed-use development project consisting of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office space, and two apartment units on property located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area; and,
To consider approving a Parking-In-Lieu Fee Participation Agreement with Thomas J. Hurley and Richard A. Woolsley.
Resolution No. 441 and Resolution No. 442.

AB403

Commission Members Hall and Packard left the dais at 6:46 p.m. due to a potential conflict of interest relating to this item.

Junior Planner Austin Silva presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).

Chair Lewis opened the duly noticed Public Hearing at 6:55 p.m. and asked if anyone would like to speak.

Gary Hill, 3289 Donna Drive, Carlsbad, spoke in support of the project.

Seeing no one else wishing to speak Chair Lewis closed the Public Hearing at 7:06 p.m.

Commission Members Hall and Packard returned to the dais at 7:15 p.m.

Mayor Lewis adjourned the Special Meeting of the Housing and Redevelopment Commission and reconvened the City Council Meeting at 7:15 p.m. with five Council Members present.

Mayor Lewis declared a recess at 7:15 p.m. Council reconvened at 7:22 p.m., with five members present.

DEPARTMENTAL AND CITY MANAGER REPORTS:

20. AB #19,079 - PARTNERS FOR LIVABLE COMMUNITIES WORK PROGRAM AND APPOINTMENT OF A SEVEN-MEMBER CITIZENS PROCESS COMMITTEE. To consider approving the Partners for Livable Communities Work Program for the implementation of Proposition D, and appointing a seven-member Proposition D Citizens Process Committee. Resolution No. 2007-175. ACTION:

AB19079

Community Development Director Sandy Holder presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).

Gary Hill, 3289 Donna Drive, Carlsbad, expressed his support for the Proposition D process outlined by Ms. Holder.

21. AB #19,080 - APPROVAL OF AGREEMENT. To consider approving a cost-sharing agreement for the Carlsbad Hydrological Unit to establish responsibilities under the Regional Water Quality Control Board Investigative Order R9-2006-076, and appointing a signature authority.
Resolution No. 2007-176.

AB19080

Storm Water Manager Elaine Lukey presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).

Council Member Packard expressed concerns relating to the state mandate.

22. AB #19,081 - TRAFFIC SAFETY COMMISSION APPOINTMENT. To consider appointing one member to the Traffic Safety Commission.
Resolution No. 2007-177.

AB19081

City Clerk Lorraine Wood announced that Council has been invited and may attend the following upcoming events:

Saturday, July 14, 2007

Carlsbad Lagoon Day Event

1580 Cannon Road

Carlsbad, California

Ms. Wood also announced that Time Warner Cable would be shifting the City Council Meeting broadcast channel from Channel 3 to Channel 19 beginning July 17, 2007.

By proper motion, the Regular Meeting of July 10, 2007, was adjourned at 8:05 p.m.

Jul 10, 2007 City Council Meeting

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