HomeMy WebLinkAbout2012-01-10; City Council; Minutes (3)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: January 10, 2012
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 Packard 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 ofthe Special Meeting held Decembers, 2011.
Minutes of the Regular Meeting held December 6, 2011.
Minutes ofthe Joint Special Meetings held Decembers, 2011.
Minutes of the Special Meeting held December 13, 2011.
Minutes of the Regular Meeting held December 13, 2011.
PRESENTATION:
Mayor Hall presented a proclamation in recognition of the Winter Music Celebration to Nancy
Laturno Bojanic, Executive Director of Mainly Mozart.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Items #1 through #12 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 #20.769 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2012-001. accepting the donation of a "Scorpion"
Lightbar installed on a Carlsbad Police patrol vehicle from Tomar Electronics.
January 10, 2012 Carlsbad City Council Meeting Page 2
2. AB #20.770 - APPROVE OUT-OF-STATE TRAVEL.
Council adopted RESOLUTION NO. 2012-002. approving out-of-state travel for the
Information Technology Director to attend to forums on information technology
innovation - the Government IT Forum, February 26, 2012 to February 28, 2012 in
Dallas, Texas and the Gartner CIO Leadership Forum, March 25, 2012 to March 27,
2012 in Phoenix, Arizona.
3. AB #20,771 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2012-003, approving the plans and specifications
for the Northwest Quadrant Storm Drain Improvement Program, (Mountain View/Pacific
Avenue, Roosevelt Street/Beech Avenue to Laguna Drive, Madison Street/North of
Grand Avenue and Harrison Street South of Chinquapin Avenue); and, authorizing the
City Clerk to advertise for bids. Project No. 6608.
4. AB #20.772 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2012-004, approving the plans and specifications
for the Corrugated Metal Pipe (CMP) Replacement Program - Washington Street,
Badajoz Place, Elmwood Street and La Costa Avenue Storm Drain Replacement
Program; and, authorizing the City Clerk to advertise for bids. Project Nos. 6607 and
6602.
5. AB #20,773 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2012-005, approving the specifications for the 2012
Concrete Replacement; and, authorizing the City Clerk to advertise for bids. Project
Nos. 6013 and 6021.
6. AB #20.774 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2012-006, accepting bids and awarding a contract
to Charles King Company, Inc. for the Occidental Interceptor Sewer Rehabilitation,
Project No. 5522.
7. AB #20,775 - AWARD CONTRACT.
Council adopted RESOLUTION NO. 2012-007. accepting bids and awarding the
contract to Burtech Pipeline, Inc. for the construction ofthe Northwest Quadrant Storm
Drain Improvement Program, Concrete Repair Work, and Pavement Management
Program, Project Nos. 6608, 6021 and 6001.
8. AB #20,776 - DEDICATION OF EASEMENT TO SDG&E.
Council adopted RESOLUTION NO. 2012-008, approving the dedication of an easement at
the Encina Water Pollution Control Facility to San Diego Gas and Electric Company for
electric and communication facilities, located at the Encina Water Pollution Control Facility
on Avenida Encinas west of Interstate 5, PR 11-39.
9. AB #20,781 - APPROVE CLASSIFICATION CHANGE FOR MONROE STREET.
Council adopted RESOLUTION NO. 2012-012. approving the submittal of a functional
classification change for Monroe Street, from Carlsbad Village Drive to Park Drive, to
the State of California, Department of Transportation.
10. AB #20,777 - APPROVE MOU WITH THE CARLSBAD FIREFIGHTERS' ASSOCIATION,
INC.
Council adopted RESOLUTION NO. 2012-009, approving a Memorandum of
Understanding with the Carlsbad Firefighters' Association, Inc. (CFA).
January 10, 2012 Carlsbad City Council Meeting Page 3
11. AB #20,778 - MODIFICATION TO CALPERS CONTRIBUTION FOR POLICE
MANAGEMENT SAFETY EMPLOYEES.
Council adopted RESOLUTION NO. 2012-010, amending the City's California Public
Employees' Retirement System (CalPERS) Employer Paid Member Contribution for
employees represented by the Carlsbad Police Management Association (CPMA).
12. AB #20.779 - REPORT QN CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City Investments as of November 30, 2011.
PUBLIC COMMENT:
Walt Meier, Carlsbad, came forward to thank Council for their work during the past year.
PUBLIC HEARINGS:
Ttiis item was continued from ttie December 13, 2011 City Council meeting.
13. AB #20,761 - DOS COLINAS PROJECT.
Associate Planner Shannon Wernecke and City Planner Don Neu gave the staff report and
PowerPoint presentation (on file in the office of the City Clerk).
Land Development Engineer Jeremy Riddle joined Ms. Wernecke and Mr. Neu to answer
questions from Council regarding the total number of units to be built, the definition of
Commercial Living Unit, time limits on CUPs, excess dwelling units being banked, potential for
flooding, Rancho Carlsbad, services available for low income and affordable housing units, and
the completion and maintenance of College Boulevard.
John Rimbach, President, West Living, gave the applicant's presentation.
Mayor Hall opened the duly noticed Public Hearing at 7:21 p.m.
Steven Carro, Carlsbad, came fonA/ard to address Council requesting information about the
contents of protest letters received by the Council.
The following people spoke in opposition to the project as presented:
Delores Welty, Encinitas, representing North County Advocates
Dennis Nygaard, Oceanside, representing Preserve Calaverra
De'Ann Weimer, Carlsbad, representing Friends of Aviara
Sue Loftin, Attorney representing Rancho Carlsbad
Marianne Varney, Carlsbad, representing Preserve Calaverra
Kasey Cincerelli, Carlsbad, representing Preserve Calaverra
The following people spoke in support of the project:
William Culbreth, representing Rancho Carlsbad Owners Association
Clarence Juhl, Carlsbad, representing Rancho Carlsbad Recreation Vehicle Club
Denny Esh, Carlsbad, representing Rancho Carlsbad Garden Club
Bill Arnold, Carlsbad
Marvin Sipple, Carlsbad
January 10, 2012 Carlsbad City Council Meeting Page 4
Mayor Hall closed the Public Hearing at 8:09 p.m.
RECESS:
Mayor Hall declared a Council Recess at 8:10 p.m. with five Council Members present.
RECONVENE MEETING:
Mayor Hall reconvened the Council Meeting at 8:18 p.m. with five Council Members
present.
CONTINUATION OF ITEM #13 - AB#20,761 - DOS COLINAS PROJECT.
Staff responded to letters received and questions raised by speakers during the public hearing
regarding General Plan amendments, commercial living units, the Envision Carlsbad process,
smart growth opportunity areas, traffic, affordable housing, excess dwelling bank, hydrology
and drainage issues, and open space and habitat management requirements.
Staff responded to questions from Council regarding open space, Basin BJ, impact of medical
aid calls, proposed timing ofthe project, completion of College Boulevard, building affordable
housing, green building regulations, recycled water use for green areas and financial obligation
agreements.
Mr. Rimbach addressed the questions concerning the anticipated number of medical calls and
affordable housing. He stated that the ERRATA sheet, on file in the office of the City Clerk, had
been reviewed and the addition accepted. He also outlined the projected timeline for the
project.
Craig Irwin, Irwin Partners Architects, answered questions regarding the State Code and
licensing.
Council Member Blackburn requested that a Council Workshop be convened to review Council
Policy No. 43 and the Municipal Code regarding the definitions of commercial living units and
dwelling units.
City Attorney Ron Ball titled the Ordinance, as amended, and also stated that Resolution No.
2011-285 required an amendment to include wording contained in the Rancho Carlsbad
Owners Association's letter of December 14, 2011.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. CS-169. as amended, amending Section
21.05.030 of the Carlsbad Municipal Code by an amendment to
the zoning map to grant a Zone Change (ZC 09-02) on three lots
from Limited Control (L-C) to Residential Density-Multiple (RD-M),
Residential Mobile Home Park (RMHP) and Open Space (OS) on
a 46-acre property generally located north of Sunny Creek Road,
south of Cannon Road, east of El Camino Real; and west of the
future extension of College Boulevard Reach "A", in Local
Facilities Management Zone 15.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
January 10, 2012 Carlsbad City Council Meeting Page 5
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2011-285. as amended, certifying the Refined
No Affordable Housing site alternative of an Environmental Impact
Report EIR 09-01, adopting the Candidate Findings of Fact and
the Mitigation Monitoring and Reporting Program, and approving a
General Plan Amendment GPA 09-02 to amend the Land Use
and Open Space Conservation Elements of the General Plan from
Residential Low-Medium Density (RLM, 0-4 DU/AC) to Residential
Medium Density (RM, 408 DU/AC) and the redistribution of Open
Space (OS), a Local Facilities Management Plan Amendment
LFMP 15(E) and Residential Mobile Home Park Permit
Amendment RMHP 96-01 (D) for the Dos Colinas Project generally
located on a 56-acre parcel north of Sunny Creek Road, south of
Cannon Road, east of El Camino Real, and west of the future
extension of College Boulevard Reach "A" in Local Facilities
Management Zone 15.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
14. AB #20,780 - TURRO RESIDENCE.
Senior Planner Van Lynch gave the staff report and Powerpoint presentation (on file in the
Office of the City Clerk).
Dr. Paul Turro, owner and resident of the property, came fonA/ard to address Council regarding
prior and current uses of his property.
Mayor Hall opened the duly noticed Public Hearing at 9:28 p.m.
Gregory Post, attorney for Dr. Turro, came forward to address Council regarding the
interpretation and definition of vacation rentals and enforcement inconsistencies.
Alice Brown, Carlsbad, came fonA/ard to address Council regarding the area's zoning and
regulations in Rl residential neighborhoods.
Jonnie Johnson, Carlsbad, came forward to address Council and regarding the definition and
regulation of vacation rentals.
Liz Cairns, Carlsbad, came forward to address Council in support of Dr. Turro.
Mayor Hall closed the Public Hearing at 9:40 p.m.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2012-011, approving a determination that the
Turro Residence project is prohibited from operating a vacation
rental located at 5143 Shore Drive, CDP 05-48.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
January 10, 2012 Carlsbad City Council Meeting Pages
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER
DISTRICT BOARD
Mayor Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District Board at
9:45 p.m. with five Council Members present.
RECONVENE MEETING:
Mayor Hall reconvened the Carlsbad City Council Meeting at 9:45 p.m. with five Council
Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
17. AB #20.783 - RESIDENT SURVEY AND STATE OF EFFECTIVENESS REPORT.
Council concurred to continue this item to date uncertain.
18. AB #20,784 - CDBG CITIZEN REVIEW COMMITTEE APPOINTMENT.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2012-014, appointing members to the City's
Community Activity Grants (CAG) Citizen Grant Review
Committee as follows:
Northwest Quadrant
Northeast Quadrant
Southwest Quadrant
Southeast Quadrant
Senior Commission
Library Board of Trustees
Parks & Recreation Commission
Boyd Mahan
Tom Wachter
Ed Scarpelli
Joan Markovits
Ray Pearson
Marie Bradley
Matt Simons
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
19. AB #20.785 - BEACH PRESERVATION COMMITTEE APPOINTMENT.
ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO.
2012-015, appointing Linda Petrucci to the Beach Preservation
Committee.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
January 10, 2012 Carlsbad City Council Meeting Page 7
20. AB #20,786 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD
APPOINTMENT.
ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO.
2012-016, appointing Kimberly Akers to the Carlsbad Tourism
Business Improvement District Board (CTBID).
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ADDENDUM TO AGENDA
ORDINANCE FOR INTRODUCTION AND ADOPTION:
21. AB #20.787 - INTRODUCE AND ADOPT URGENCY ORDINANCE TO AMEND THE
ZONING CODE REGARDING THE GENERATION OF TRANSMISSION OF ELECTRICAL
ENERGY.
City Attorney Ron Ball provided Council with a report on this item.
Mr. Ace Hoffman, Carlsbad, came forward to address Council regarding the San Onofre
power plant and the importance of green energy.
Mr. Ball titled the Ordinance.
ACTION: On a motion by Council Member Blackburn, Council introduced and
adopted URGENCY ORDINANCE NO. CS-170, amending
Chapter 21.36 of the Carlsbad Municipal Code, Public Utility Zone
including Table A of section 21.36.020 to require a Conditional Use
Permit for the generation and transmission of electrical energy with
an additional finding that the use provides an extraordinary public
purpose.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
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:
January 10, 2012 Carlsbad City Council Meeting Page 8
Wednesday, January 11, 2012 from 12:00- 1:00 p.m.
Carlsbad City Council Study Session
Faraday Administration Center
1635 Faraday Avenue
Carlsbad
Thursday, January 12, 2012 from 3:00-5:00 p.m.
Carlsbad High School Ribbon Cutting Ceremony
New Classroom Opening
3557 Lancer Way
Carlsbad
Tuesday, January 17, 2012 at 8:00 a.m.
Carlsbad City Council Workshop
Encina Wastewater Facility
6200 Avenida Encinas
Carlsbad
Monday, January 23, 2012 at 8:30 a.m.
City of Carlsbad Fire Department's Badge Ceremony
Fire Station 5
2540 Orion Way
Carlsbad
ADJOURNMENT:
By proper motion, the Regular Meeting of January 10, 2012 was adjourned at 10:00 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Donna Heraty
Deputy City Clerk