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Home My WebLink About2012-05-22; City Council; MinutesMINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 22, 2012 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 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 Douglas 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 of April 16, 2012. Minutes of the Special Meeting of April 24, 2012. Minutes of the Special Meeting of May 8, 2012. Minutes of the Regular Meeting of May 8, 2012. Minutes of the Special Meeting of May 15, 2012. PRESENTATIONS: Mayor Hall presented a proclamation in recognition of Water Safety Week to Battalion Chief Mike Davis and Chief Osuna. Miss Carlsbad Katie Lowman and Carlsbad Teen Princesses introduced themselves to Council. Ms. Lowman presented a donation to Mayor Hall from the Carlsbad Lions Club for the library. A representative from the San Diego County Fair gave a brief presentation regarding the upcoming fair. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Mayor Hall announced that City Council met in closed session on May 22, 2012, to discuss four items. The first concerned initiation of litigation against the County of San Diego and the State of California regarding ABX1 26. The second item discussed was consideration obligation against the State of California regarding the Buena Vista Lagoon Restoration Project. The third item was regarding labor negotiations with the CCEA and the final item discussed was pending litigation in the case of P&D Consultants v. Citv of Carlsbad. The City Council heard and considered the information on each item and directed the City Attorney and staff in what it believes to be in the best interests of the citizens of Carlsbad. May 22, 2012 Carlsbad City Council Meeting Page 2 As to the first item, the City Council unanimously authorized the City Attorney to commence proceedings against the County of San Diego and the State of California, if necessary, to preserve tax increment funds and to prevent their premature distribution to other taxing entities. There was no final action on the remaining items. They will be reported at a future meeting when final action is taken. CONSENT CALENDAR: Item #3 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1, #2, #4, #5, #6, #7 and #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 #20.899 - APPROVE INITIATION OF PROCEEDINGS FOR STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2012-2013. Council adopted RESOLUTION NOS. 2012-107. 2012-108 AND 2012-109. approving initiating proceedings and ordering the preparation of an Engineer's Report for a Special Maintenance District; and, approving the Preliminary Engineer's Report; and, setting a public hearing for June 26, 2012. 2. AB #20.900 - APPROVE INITIATION OF PROCEEDINGS FOR STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 FOR FISCAL YEAR 2012-2013. Council adopted RESOLUTION NOS. 2012-110. 2012-111 AND 2012-112. approving initiating proceedings and ordering the preparation of an Engineer's Report for a Special Maintenance District; and, approving the Preliminary Engineer's Report; and, setting a public hearing for June 26, 2012. 4. AB #20.902 - APPROVE AMENDMENT TO LOCAL CONFLICT OF INTEREST CODE. Council adopted RESOLUTION NO. 2012-114. approving an amendment to the Local Conflict of Interest Code to apply former Redevelopment Agency Designations to the Successor Agency, adding the Oversight Board and adopting a revised appendix designating positions for both entities. 5. AB #20.903 - APPROVE MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL DISTRICT. Council adopted RESOLUTION NO. 2012-1115. approving the 2011-12 Memorandum of Understanding with the Carlsbad Unified School District for the School Resource Officer Program. 6. AB #20.904 - APPROVE COST SHARE PAYMENT TO SANDAG. Council adopted RESOLUTION NO. 2012-116. approving the cost share payment to SANDAG to support and maintain the Regional Arterial Management System for Fiscal Year 2012-13. May 22, 2012 Carlsbad City Council Meeting Page 3 7. AB #20.905 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2012-117. accepting bids and awarding a contract to Superior Gunite for the Corrugated Metal Pipe Replacement Program - Washington Street, Badajoz Place, Elmwood Street, and La Costa Avenue Storm Drain Replacement Program, Project Nos. 6607 and 6602. 8. AB #20.906 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of April 30, 2012. DISCUSSION OF CONSENT CALENDAR ITEM: 3. AB #20.901 - APPROVE DEACCESSION OF ARTWORK FROM PUBLIC ART COLLECTION. Bob Wilkinson, Carlsbad, came forward to address Council in favor of keeping the artwork. Library Director Heather Pizzuto responded to questions and stated that use of the space is being carefully considered and explained the rotation of public art pieces. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2012-113. approving the deaccession of Ellen Ziegler's artwork entitled "Why What Why How" from the City's public art collection. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: Packard. ORDINANCES FOR ADOPTION: 9. AB #20.907 - RECORDATION OF SPECIFIED NOTICES. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-182, amending Title 19, Chapter 19.04 to add Section 19.04.215 of the Carlsbad Municipal Code to require recordation of specified notices. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. 10. AB #20.908 - REPEAL AND AMEND CARLSBAD MUNICIPAL CODE REGULATING SOLID WASTE. City Attorney Ron Ball Titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS -183 approving a Municipal Code Amendment to repeal and re-enact Chapter 6.08 of the Carisbad Municipal Code regulating solid Waste. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. May 22, 2012 Carlsbad City Council Meeting Page 4 PUBLIC COMMENT: Lisa Roop, Carlsbad, came forward to thank Council for supporting Community Gardens. The following people came forward to address Council regarding the San Onofre Power Plant - Chrystal Coleman, Vista Swedina Hurt, Carlsbad Torgen Johnson, Solana Beach Sharon Hoffman, Carlsbad Renee Glasbach, San Marcos, came forward to address Council in opposition to alcohol consumption in public parks. PUBLIC HEARINGS: 11. AB #20.909 - PROPOSED CHARTER AMENDMENT. Human Resources Director Julie Clark gave the staff report. Mayor Hall opened the duly noticed public hearing at 6:47 p.m. Seeing no-one wished to speak. Mayor Hall closed the public hearing at 6:48 p.m. City Manager Lisa Hildabrand stated that this item will be on the City Council agenda for June 26, 2012. 12. AB #20.910 - CARLSBAD TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS. Senior Engineer Marshall Plantz gave the staff report and Power Point presentation, on file in the office of the City Clerk. Mayor Hall opened the duly noticed public hearing at 6:57 p.m. Seeing no-one wished to speak, Mayor Hall closed the public hearing at 6:57 p.m. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-118. approving the Carlsbad Transnet Local Street Improvement Program of Projects for fiscal Years 2012-13 through 2016- 17. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. May 22, 2012 Carlsbad City Council Meeting Page 5 13. AB #20.911 - AMEND THE 2010 CALIFORNIA FIRE CODE. City Attorney Ron Ball and Municipal Property Manager Joe Garuba gave the staff report and Power Point presentation, on file in the office of the City Clerk. Mr. Ball, Mr. Garuba and Fire Chief Kevin Crawford responded to questions from Council regarding precedents of a local fire department being in a secondary responder position, the depth of the "pit", the width of the fire lane, minimum space requirements for setting up fire vehicles and apparatus in an emergency, methods of escape for fire vehicles, personnel and casualties, and the primary responder's capabilities and equipment. Mayor Hall opened the duly noticed public hearing at 7:25 p.m. The following people came forward to address Council in favor of this item - Kerry Siekmann, Carlsbad Julie Baker, Carlsbad Ace Hoffman, Carlsbad Mayor Hall closed the public hearing at 7:32 p.m. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-184, amending the Carlsbad Municipal Code, Title 17, Chapter 17.04 Fire Prevention Code to modify the 2010 addition of the California Fire Code due to local climatic, geological or topographical conditions or or infrastructure limitations. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. 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 7:35 p.m. with five members present. RECONVENE CITY COUNCIL MEETING. Mayor Hall reconvened the City Council Meeting at 7:36 p.m. with five members present. RECESS: Mayor Hall called a recess at 7:37 p.m. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the Council Meeting at 7:42 p.m. with five Council Members present. May 22, 2012 Carlsbad City Council Meeting Page 6 DEPARTMENTAL AND CITY MANAGER REPORT: 15. AB #20.912 - REGIONAL VISION SURVEY. Council received a presentation from San Diego Foundation's Associate Vice President Lori Pfeiler regarding the Regional Vision Survey. 16. AB #20.916 - BEACH FEST GRANT REQUEST. Management Analyst Courtney Enriquez gave the staff report and Power Point presentation on file in the office of the City Clerk. Council Member Douglas questioned the high cost of administration. Beach Fest President and Executive Director Tamara Urie responded that administration covered the building and maintenance of the website, printed material and their full time executive director. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-121. approving the request from the Carlsbad Beach Fest Foundation for Special Events Grant funding; and, authorizing the Finance Director to appropriate funds from the General Fund contingency account for the grant. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. 17. AB #20.913 - EMERGENCY PREPAREDNESS PRESENTATION. Council received a report from Emergency Preparedness Co-ordinator David Harrison regarding the City's readiness for emergency situations, on file in the office of the City Clerk. 18. AB #20.914 - CAPITAL IMPROVEMENT PROGRAM BUDGET REPORT. Senior Accountant Helga Stover and Senior Engineer Marshall Plantz presented the Power Point presentation, on file in the office of the City Clerk. Shappel Homes representative Matt Fossett came forward to address Council regarding funding and costs associated with the southbound widening of El Camino Real. Diane Nygaard, Carlsbad, representing Preserve Calavera, came forward to address Council regarding natural open space acquisition. Discussion ensued regarding traffic signals. Alga Norte Park, residential and non-residential construction trends, funding for the widening of El Camino Real, Fire Station No. 3, reserve and replacement funds, the open space working group and opportunities for open space acquisition. Council accepted the report and set the public hearing for June 26, 2011. May 22, 2012 Carlsbad City Council Meeting Page 7 19. AB #20.915 - HISTORIC PRESERVATION COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012- 119. reappointing Raul Diaz and RESOLUTION NO. 2012-120. appointing Susan Gutierrez to the Historic Preservation Commission. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. PUBLIC COMMENT: None. COUNCIL REPORTS AND COMMENTS: Mayor Hall directed the City Manager to place an item regarding the San Onofre power plant on a future agenda. 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. ANNOUCEMENTS: Mayor Hall announced that Council Members have been invited and may attend the following events: Wednesday, May 23, 2012 - 5:30 p.m. to 7:00 p.m. Open House for Player's Lounge The Crossings 5800 The Crossings Drive Carlsbad, California Tuesday, May 29, 2012- 11:00 a.m. to 1:00 p.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue Carlsbad, California Sunday, June 3, 2012 - 2:30 p.m. to 4:00 p.m. Carlsbad City Library Literacy Services' Celebration Senior Center Auditorium 799 Pine Avenue Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of May 22, 2012 was adjourned at 9:11 p.m. DONNA HERATY Deputy City Clerk for LORRAINE M. WOOD, CMC City Clerk