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HomeMy WebLinkAbout2012-04-10; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 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: Hall, Kulchin, Blackbum, 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 March 20, 2012. Minutes ofthe Special Meeting held March 27, 2012. Minutes ofthe Regular Meeting held March 27, 2012. PRESENTATIONS: Mayor Pro Tem Kulchin presented a proclamation in recognition of National Library Week and Carlsbad Reads Together to Library and Cultural Arts Director Heather Pizzuto. Council Member Blackbum presented a proclamation in recognition of Intemationai Volunteer Week to Community Volunteer Coordinator Sue Irey and Lillian Canigan, a local coordinator for tax assistance volunteers. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Mayor Hall announced that the City Council met in closed session during the aftemoon on April 10, 2012, in order to consider three pending items. As to the proceedings now pending before the Califomia Energy Commission, the Council received legal advice and considered the Revised Presiding member's Proposed Decision recommending licensing ofthe proposed power plant at the Encina power station site. As to the real property negotiations with Westfield at the Plaza Camino Real paridng lot, the Council gave directions as to what it felt was in the best interests of the citizens of Carisbad. There was no final action taken on either of these two items. That will be reported at a future meeting when final action is taken. As to the Gerald Gutgesell matter, the City Council considered the proposed decision ofthe administrative law judge issued March 9. 2012, denying the application for Industrial Disability Retirement, and after careful consideration, adopted that decision as the Council's own decision. It will be filed'ln the Office of the City Attorney and in Mr. Gutgesell's personnel file in the Human Resources Department. April 10, 2012 Carisbad City Council Meeting Page 2 CONSENT CALENDAR: Item No. 6 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affinned the action of the Consent Calendar, Items #1 through #5 and #7 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 #20.858 - APPROVING THE FINAL MAP FOR CT 04-08. LA COSTA VILLAGE TOWNHOMES. Council adopted RESOLUTION NO. 2012-079. approving the final map for La Costa Village Townhomes; and authorizing the map to be recorded, Project 04-08. 2 AB #20.859 - 2012-2013 CDBG/HOME FUNDING PROGRAM ALLOCATIONS. Council adopted RESOLUTION NO. 2012-080. approving funding applications for the 2012-2013 Community Development Block Grant and Home Investment Partnership Program; and, authorizing the City Manager to execute agreements for the approved projects. 3 AB #20.860 - RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE SUCCESSOR AGENCY TO THE CARLSBAD REDEVELOPMENT AGENCY. Council adopted RESOLUTION NO. 2012-081. adopting the Recognized Obligation Payment Schedule for the Agency and authorizing submission of the Schedule to the Oversight Board for review and approval; and. authorizing the City Manager or designee to submit the Schedule to the County of San Diego and state of Califomia. 4. AB #20.861 - APPROVE AGREEMENT. Council adopted RESOLUTION NO. 2012-082. approving an agreement with the Boys and Giris Club for matching grant funds; and authorizing the Finance Director to disburse quarteriy payments. 5 AB #20.862 - REVISIONS TO COUNCIL POLICY NO. 64. Council adopted RESOLUTION NO. 2012-083. amending Council Policy No. 64 regarding the siting of Wireless Communication Facilities in the City of Carisbad to comply with cunrent Federal Law. 6. AB #20.870 - APPROVE AGREEMENT. This item was pulled for discussion. 7. AB # 20.863 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of February 29 2012. DISCUSSION OF CONSENT CALENDAR ITEM: 6. AB #20.870 - APPROVE AGREEMENT. Council Member Packard expressed his concems about the city entering into a five year contract with the same auditing finn the city has previously used, citing that good business practice dictated the April 10, 2012 Carisbad City Council Meeting Page 3 importance of a periodic change in auditing firms. Dr. Packard requested Council direct staff to prepare an agreement with the second ranked fimi for the next five year auditing cycle. Finance Director Chuck McBride concurred with Dr. Packard's statement regarding good business practice. He explained that out of the ten finns that answered the city's request for proposals, Mayor Hoffman McCann P.C. best met the city's criteria. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-087. approving the agreement with Mayer Hoffman McCann P.C. to perform the financial audits for Fiscal Years 2011-12, 2012-13, 2013-14, 2014-15. and 2015-16. AYES: Hall, Kulchin, Blackburn, Douglas. NOES: Packard. ORDINANCES FOR ADOPTION: 8. AB #20.864 - ESTABLISH ALL-WAY STOPS. City Attorney Ron Ball titled the Ordinance. ACTION On a motion by Mayor Pro Tem Kulchin. Council adopted ORDINANCE NO. CS-176. amending Title 10, Chapter 10.28 of the Carisbad Municipal Code to require stops on Lincoln Avenue at its Intersections with Pine Avenue, Garfield Street at its intersection with Chestnut Avenue, and Garfield Street at its intersection with Juniper Avenue. AYES: Hall, Kulchin. Blackbum. Douglas, and Packard. NOES: None. 9. AB#20.865 - RANCHO MILAGRO. City Attomey Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin. Council adopted ORDINANCE NO. CS-177. amending Section 21.05.30 of the Carisbad Municipal Code by an amendment to the zoning map to grant a Zone Change (ZC 06-02) from Limited Control (L-C). one family residential- 20,000 square foot minimum lot size (R-1-20,000), and Open Space (OS) to one-family residentlal-0.5 acre minimum lot size-qualified Development overiay (R-1-0.5-Q) and Open Space (OS) on property located approximately one-half mile northeast ofthe intersection of College Boulevard and El Camino Real, In the Sunny Creek Specific Plan Area (SP-191). AYES: Hall, Kulchin, Blackbum, Douglas, and Packard. NOES: None. April 10, 2012 Carlsbad City Council Meeting Page 4 PUBLIC COMMENT: Ann Bessinger representing the Sullivan Solar Power came fonfl/ard and announced a solar power incentive program for San Diego County Homeowners taking place through December 31, 2012. The following people came fonward to address Council speaking in opposition to the San Onofre Nuclear Power Generation Plant reactivating its reactor units: Torgen Johnson Swedina Hurt Gary Headrick Randy Ziglar PUBLIC HEARINGS: 10. AB #20,866 - PROPOSED CHARTER AMENDMENT. Human Resources Director Julie Claris provided a brief explanation of the amendment. Mayor Hall opened the duly noticed Public Hearing at 6:44 p.m. Seeing no one wishing to speak. Mayor Hall closed the Public Hearing at 6:44 p.m. Council set the second Public Hearing on this matter for May 22, 2012. 11. AB #20.867 - LAND USE DECISION MAKING. Associate Planner Kevin Pointer gave the staff report and PowerPoint presentation (on file in the Office of the City Cleric). Mayor Hall opened the duly noticed Public Hearing at 6:50.m. Mike Howes, from Howes, Weiler and Feilan came fonA/ard and spoke in support ofthe amendments to the Zoning Ordinance. He requested that staff as soon as possible implement those portions of the ordinance that do not require Coastal Commission approval. Council Member Douglas concurred with Mr. Howes' request and asked staff if this was possible. Community and Economic Development Director Gary BariDario explained that the city has no vehicle to separate the coastal zone from the non-coastal zone areas in the city. He added that it may be possible in the General Plan update to bifurcate the two areas so that in the future the city is not awaiting coastal commission approval on amendments to the Zoning Code. City Attorney Ball advised Council that coastal and non-coastal zone areas of the city can be separated, but "it would require two ordinances, along with time and additional funding. He added that this process may set in motion a series of events that could confuse the public. He recommended that Council introduce the ordinance as written. Mayor Hall closed the Public Hearing at 6:55 p.m. City Attorney Ron Ball titled the Ordinance. April 10,2012 Carlsbad City Council Meeting Page 5 ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-178. approving an amendment to the City of Carisbad Zoning Ordinance (ZCA 11-06); and. adopted RESOLUTION NO. 2012-084. approving a Local Coastal Program (LCPA 11-07). based upon the findings contained therein. AYES: Hall, Kulchin, Blackbum, Douglas, and Packard. NOES: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB#20.868 - IMPROVEMENTS TO PEDESTRIAN CROSSING SAFETY AND BEACH ACCESS ACROSS CARLSBAD BOULEVARD. Deputy Transportation Director Bryan Jones gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Packard's inquiry regarding the effect of the flashing lights and neariDy homes, Mr. Jones explained that the flashing beacon lights can be adjusted so there is no impact to surrounding homeowners. Kathleen Femer from Walk San Diego came fonvard to address Council. Spoke in support of the pedestrian crossings. Gary Nessim told Council that it might not be necessary to have so many signs and flashing lights. He suggested that the city install one sign and one beacon in the middle median as a first approach. Bob Wilkinsom spoke in support of the pedestrian crossings and stated he concurred with Mr. Nessim's suggestion to install one beacon and one sign in the middle median. Council concurred to install at this fime, flashing lights only in the center of the pedestrian medians. May Pro Tem Kulchin requested that staff provide citizens the opportunity to view the devices before they are installed. City Attomey Ball advised Council to amend the Resolufion. ACTION: On a mofion by Mayor Pro Tem Kulchin. Council adopted RESOLUTION NO. 2012-085. as amended, to enhance pedestrian crossing safely and beach access across Carisbad Boulevard between Carisbad Village Drive and Tamarack Avenue installing pedestrian- activated Rectangular Rapid Flashing Beacons in the center medians only at this fime. Project 6322. AYES: Hall, Kulchin, Blackbum, Douglas, and Packard NOES: None. 13. AB #20.869 - PLANNING COMMISSION APPOINTMENT- ACTION: On a mofion by Mayor Hall, Council adopted RESOLUTION NO 2012-086. appoinfing Arthur Neil Black to the Planning Commission. AYES: Hall, Kulchin, Blackbum, Douglas and Packard NOES: None April 10, 2012 Carisbad City Council Meefing Page 6 PUBLIC COMMENT: The following people came fonvard to address Council speaking in opposifion to the San Onofre Nuclear Power Generation Plant reactivafing its reactor units: Bruce Stone Berton Moldow Ace Hoffman Sharon Hoffman Jeff Steinmetz COUNCIL REPORTS AND COMMENTS: Mayor Hall and Council Members reported on activifies and meefings of some committees and sub-committees ofwhich they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUCEMENTS: Mayor Hall announced that Council Members have been invited and may be participafing in the following events: Monday, April 16, 2012 - 4:00 to 5:00 p.m. prAna Living Open House for New Headquarters 3209 Lionshead Avenue, Carisbad Tuesday, April 17-20, 2012 2012 Transfonning Local Govemment Conference The Wesfin Crown Center 1 East Pershing Road Kansas City. MO Saturday. April 21. 2012 -1:00 to 4:00 p.m. CHS TV Open House Carisbad High School 3557 Lancer Way, Carisbad ADJOURMENT: By proper mofion. the Regular Meefing of April 10, 2012 was adjoumed at 7:54 p.m. JE M.WOOD, CMC City Cle'