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Home My WebLink About2012-02-14; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 14, 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: Hall, Kulchin, Blackburn, Douglas, and Packard Absent: None. PLEDGE OF ALLEGIANCE: Council Member Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, the minutes ofthe following meetings were unanimously approved as presented: Minutes ofthe Special Meeting held January 24, 2012. Minutes ofthe Regular Meeting held January 24, 2012. PRESENTATION: Mayor Hall introduced American Youth Soccer Organization's representative Jim Garvin, who recognized two La Costa girls' soccer teams for winning San Diego County Championships. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action ofthe 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 ofthe text of all Ordinances and Resolutions at this Meeting. 1. AB #20.798 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2012-025. accepting a cash donation from Jeff King and Martin Kouma, owners of KoKo Beach Restaurant, in support ofthe Carlsbad Senior Center; and, authorizing the appropriation of said donation. February 14, 2012 Carlsbad City Council Meeting Page 2 2. AB #20.801 - AUTHORIZE REQUEST FOR PROPOSALS. Council adopted RESOLUTION NO. 2012-028. approving Selection Criteria and Performance Specifications for Alga Norte Community Park Phase I; and authorizing Design Builder Request for Proposals, Project Nos. 3837 and 3925. 3. AB #20.799 - SETTLEMENT OF WORKERS' COMPENSATION CLAIM. Council adopted RESOLUTION NO. 2012-026. authorizing the settlement of the Workers' Compensation Claim of Samuel Granillo. 4. AB #20.802 - APPROVE REIMBURSEMENT AGREEMENT. Council adopted RESOLUTION NO. 2012-029. approving a Reimbursement Agreement with Shea Homes, Inc. forthe construction of a portion of Poinsettia Lane Reach E; and, appropriating funds to Poinsettia Lane Reach E, Project No. 3922. 5. AB #20,800 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2012-027. approving plans and specifications for the construction for the traffic signal at El Fuerte Street and Loker Avenue; and, authorizing the City Clerk to advertise for bids, Project 6324-1. 6. AB #20.803 - APPROVE AMENDMENTS TO LOAN AGREEMENT. Council adopted RESOLUTION NO. 2012-030. approving the amendment ofthe Loan Agreement with the Carlsbad Family Housing Partnership for the Rancho Carrillo Affordable Apartment Project to restructure the loan and to allow for a change in Partnership members, SDP 97-15. 7. AB #20.804 - ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2012-031. approving plans and specifications for the 2012 Slurry Seal Project; and, authorizing the City Clerk to advertise for bids, Project No. 6001-12SS. 8. AB # 20.805 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on City investments as of December 31, 2011. ORDINANCES FOR ADOPTION: 9. AB #20.806 - HOUSING ELEMENT PROGRAM 2.1 - MINIMUM DENSITIES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-171. approving a Zone Code Amendment (ZCA 10-04) to amend Chapter 21.53 ofthe Zoning Ordinance to implement a portion of Housing Program 2.1 ofthe adopted 2005- 2010 Housing Element (GPA 03-02) and thereby establishing a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard NOES: None February 14, 2012 Carlsbad City Council Meeting Page 3 10. AB #20.807 - HOUSING ELEMENT PROGRAM 2.1 - MIXED USE. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-172. approving a Zone Code Amendment (ZCA 10-05) to implement a portion of Carlsbad General Plan Housing Element 2.1 ofthe adopted 2005-2010 Housing Element (GPA 03-02) and thereby allowing residential uses as permitted in certain commercial zones. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard NOES: None PUBLIC COMMENT: Walt Meier, Carlsbad, came forward to address Council regarding recycling, and in support of the introduction of rolling trash bins. The following people came forward to address Council regarding the current school district budget crisis and the potential closure of Buena Vista Elementary School: Vicki McLees, Carlsbad Paige Dominguez, Carlsbad Joshua Hatch, Carlsbad Council Member Blackburn stated that Council members are currently meeting with school district representatives and parents. Gretchen Ashton, Carlsbad, came forward to address Council regarding water fees, payments for fire protection, the Marbella settlement and the determination of future fee increases. DEPARTMENTAL AND CITY MANAGER REPORTS: Mayor Hall pulled Item #18 for discussion. 18. AB# 20.814 - APPROVE CITIZEN ADVISORY COMMITTEE RECOMMENDATION. City Attorney Ron Ball stated that until the Fair Political Practices Commission decision regarding the City acting as the successor agency to the Carlsbad Redevelopment Agency is received, Mayor Hall and Council Member Packard are disqualified from participating on this item. Mayor Hall and Council Member Packard left the dias at 6:35 p.m. Assistant City Manager John Coates gave the staff report and, together with Committee Member Doug Avis, presented the Power Point presentation, on file in the office ofthe City Clerk. Steve Gibson, President, Urban Place Consulting Group came forward to address Council regarding the goals of the project, including refining existing attractions, becoming more competitive and the continuation ofthe revitalization program by stakeholders. Mr. Gibson introduced Ashley Westman, who will be working with the Committee. February 14, 2012 Carlsbad City Council Meeting Page 4 Council Member Farrah Douglas introduced the Committee members and thanked them for their work. Jay Corrales, President ofthe Carlsbad Village Association, came forward to address Council in support of the project and to thank Council Member Douglas and committee members for their efforts. ACTION: On a minute motion by Council Member Douglas, Council approved the recommendation of the Citizen Advisory Committee to select Urban Place Consulting Group, Inc. (Urban Place) to implement the Village Revitalization Partnership Program; and, authorizing the City Manager to negotiate a professional services agreement with Urban Place. AYES: Kulchin, Blackburn and Douglas. NOES: None. ABSENT: Hall and Packard. Mayor Hall and Council Member Packard returned to the dias at 7:04 p.m. Mayor Hall pulled Item #16 for discussion. 16. AB #20.812 - PRESENTATION ON ASSEMBLY BILL 109. Police Chief Gary Morrison introduced San Diego Chief Probation Officer Mack Jenkins who presented the Power Point presentation, on file in the office ofthe City Clerk. Mr. Jenkins stated that Assembly Bill 109 does not transfer prisoners from the State to the County, and explained various aspects of the public safety realignment for post-release offenders. Following questions from Council Members, Mr. Jenkins explained issues including funding, transitional housing, alternative forms of custody, treatment centers, work readiness training, the provision for counties to contract back to the State for conservation camps (training for fire- fighting), the proposed number of probation officers at the Carlsbad Police facility and surrounding areas, and the probabilities of an increase in crime following the realignment. PUBLIC HEARINGS: 11- AB #20.808 - CONDEMNATION OF REAL PROPERTY INTERESTS FOR THE TERRAMAR SEWER LIFT STATION. Senior Engineer Terry Smith and Assistant City Attorney Ron Kemp gave the staff report and presented the Power Point presentation, on file in the office ofthe City Clerk. Mayor Hall opened the duly noticed public hearing at 7:53 p.m. Seeing no-one wished to speak, Mayor Hall closed the public hearing at 7:53 p.m. February 14, 2012 Carlsbad City Council Meeting Page 5 ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-032. authorizing and directing the condemnation of certain real property interests (portion of Assessors' Parcel No. 210-010-40) which is currently owned by SDG&E, for the Terramar Sewer Lift Station, Project No. 5502. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard NOES: None 12. AB #20.809 - SOLID WASTE SERVICES AGREEMENT AND SOLID WASTE RATES. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #20.810 - AMEND SUBLEASE AGREEMENT. 15. AB #20.811 - AMEND AGREEMENT FOR TRANSFER STATION AND DISPOSAL SERVICES. Items #12, #14 and #15 were combined for reporting purposes and discussion. Utilities Director Glenn Pruim and Senior Management Analyst Christine Ruess gave the staff report and Power Point presentation, on file in the office ofthe City Clerk. Following questions from Council Members, staff addressed issues including size and number ofthe new bins per household, hazardous waste options and the new natural gas trash collection trucks. Waste Management District Manager Ken Ryan came forward to address Council regarding senior citizens' concerns with bin size, environmental compliance for trash collection vehicles, anticipated increase in recycling and green jobs and solid waste materials going to the Palomar Transfer Station from outside Carlsbad. Allied Waste Republic Services General Manager Neil Moore came forward to address Council regarding identification on bins and recycling and green waste processing. Mayor Hall opened the duly noticed public hearing at 8:22 p.m. The following people spoke in opposition to this item - Madge Lonnigan, Carlsbad Bill Dominguez, Carlsbad The following people spoke in favor of this item - Barbara Launspach, Carlsbad. Ms. Launspach suggested an alternative rate structure. Jim d'Agostino, Carlsbad Gretchen Ashton, Carlsbad, came forward to address Council regarding methods and communication, consumer price index based pricing, fuel index, consultant fee, timing and length of contract. February 14, 2012 Carlsbad City Council Meeting Page 6 The following people came forward to address Council regarding various issues including the color ofthe new bins, the sorting of recyclable material, weight ofthe new trash collection vehicles and possible road damage, reduced pick-up schedule, green waste from City owned trees, costs and fee structures, spillage from the new bins, the noise associated with emptying wheeled bins, and disposal of existing trash cans: Ruth Watson, Carlsbad Sally Kiedish, Carlsbad Ruben Azer, Carlsbad Leslie Laso, Carlsbad Mayor Hall closed the public hearing at 8:49 p.m. Waste Management Community Relations Manager Charissa McAfee addressed questions raised by the public. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-033 , approving the Contract for the provision of solid waste services with Coast Waste Management. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-034. approving increases in solid waste service rates. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-035. consenting to an amendment ofthe Sub Lease Agreement between Palomar Transfer Station, Inc. and Coast Waste Management, Inc. for a portion ofthe Palomar Transfer Station. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-036. to extend and amend the Agreement with the Palomar Transfer Station, Inc. for transfer station and disposal services. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. February 14, 2012 Carlsbad City Council Meeting Page 7 ADJOURMENT 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 9:17 p.m. RECONVENE MEETING: Mayor Hall reconvened the Carlsbad City Council Meeting at 9:18 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 17. AB #20.813-AMEND MEMORANDUM OF UNDERSTANDING WITH SANDAG FOR REGIONAL BEACH SAN PROJECT II. Associate Engineer Steve Jantz gave the staff report and presented the Power Point presentation, on file in the office ofthe City Clerk. SANDAG Principal Planner Rob Rundall responded to questions from Council regarding grants, the contingency fund, cost and availability of barges and the frequency of future sand replenishment projects. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-037, authorizing Amendment No. 3 to the Memorandum of Understanding with SANDAG supporting Phase 3 ofthe Regional Beach Sand Project II and committing previously appropriated funds to the project's contingency. 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. Council Member Douglas requested an item be put on a future workshop agenda for discussion regarding smoke free cities. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. February 14, 2012 Carlsbad City Council Meeting Page 8 ANNOUCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Friday, February 17, 2012 - 6:00 p.m. Chamber of Commerce Annual Business Awards Dinner La Costa Resort and Spa 2100 Costa Del Mar Road Carlsbad, California Tuesday, February 21, 2012- 11:00 p.m. to 1:00 p.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue Carlsbad, California Friday, February 24, 2012 -4:00 p.m. to 5:00 p.m. City of Carlsbad Military Banner Recognition Housing and Neighborhood Services 2965 Roosevelt Street Carlsbad, California. ADJOURMENT: By proper motion, the Regular Meeting of February 14, 2012 was adjourned at 9:41 p.m. in memory of Robert "Red" Robinson. JRRIAINE^(I^ City Clerk DONNA HERATY Deputy City Clerk