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Home My WebLink About2012-08-28; City Council; MinutesMINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 28, 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 6:03 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 Blackburn 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 July 24, 2012. Minutes ofthe Special Meeting held July 24, 2012. (As Successor Agency to the Former Redevelopment Agency) Minutes ofthe Regular Meeting held July 24, 2012. Minutes ofthe Special Meeting held August 21, 2012. PRESENTATION: United Way Committee Chairman Don Wasko presented a donation to Warrior Foundation Director Judy Sexton. Council Member Packard presented a proclamation in recognition of Constitution Week to Wanda Prosser, Regent of the Santa Margarita Chapter of the Daughters of the American Revolution. Library Director Heather Pizzuto introduced Jim Selover, President of the Carlsbad Library & Arts Foundation, who presented a donation for the Library Learning Center. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:. Mayor Hall announced that the City Council met in closed session this evening to discuss two items. The first item discussed was concerning a personnel matter. The second item was regarding real property located at the Plaza Camino Real parking lot. The City Council heard and considered the information and directed the City Attorney and staff in what it believes to be in the best interests of the citizens of Carlsbad. No final action was taken and it will be reported out at a future meeting when final action is taken. August 28, 2012 Carlsbad City Council Meeting Page 2 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 #20.977 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2012-191 accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center; and, authoring the Finance Director to deposit the donation into the General Capital Construction Fund. 2. AB #20.978 - ACCEPTANCE OF GRANT FUNDS. Council adopted RESOLUTION NO. 2012-192. accepting Edward Byrne Memorial Justice Assistance Grant Funds for the purchase of police equipment; and, authorizing the appropriation of funds. 3. AB #20.979 - RATIFY THE JOINT OPERATING AND FINANCIAL PLAN AGREEMENT FOR ANIMAL CONTROL SERVICES. Council adopted RESOLUTION NO. 2012-193. ratifying the Joint Operating and Financial Plan Agreement for FY 2012-13 with the County of San Diego for animal control services, authorizing the City Manager to execute the Agreement; and, authorizing the appropriation of funds to cover the increase to contract costs. 4. AB #20.980 - APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2012-194. approving the plans, specifications and contract documents for the Home Plant Sewer Lift Station and Force Main Replacement, authorizing the City Clerk to advertise for bids for construction; and, authorizing the Mayor to execute Amendment No. 5 to the agreement with Psomas for design support. 5. AB #20.981 - APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS. Council adopted RESOLUTION NO. 2012-195. approving the plans, specifications and contract documents for the Palomar Airport Road and College Boulevard improvement project; and, authorizing the City Clerk to advertise for bids. Project Nos. 6028 and 6029. 6. AB #20.982 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2012-196, accepting bids and awarding the Contract to NOVA Commercial Company, Inc. for custodial maintenance services; and, authorizing the Mayor to execute the agreement. 7. AB #20.983 - APPROVE AGREEMENT. Council adopted RESOLUTION NO. 2012-197. approving an agreement with Construction Testing and Engineering, Inc. for as-needed materials testing services; and, authorizing the Mayor to execute the agreement. August 28, 2012 Carlsbad City Council Meeting Page 3 8. AB #20.984 - LA COSTA GLEN UPLANDS PRESERVE CONSERVATION EASEMENT DEED. Council adopted RESOLUTION NO. 2012-198, authorizing the Mayor to sign the Conservation Easement Deed for the La Costa Glen Uplands Preserve, Project No. SDP 98-01 (B). 9. AB #20.985 - APPROVE AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2012-199, approving Amendment No. 2 to the agreement with Aecom Technical Services, Inc. for environmental and design services for the Agua Hedionda Creek Channel and Calavera Creek Channel Dredging and Improvement Project, Project No. 3338. 10. AB #20.986 - APPROVE REVISIONS TO THE CITY INVESTMENT POLICY. Council adopted RESOLUTION NO. 2012-200, approving the City's Investment Policy dated August 28, 2012. 11. AB #20.987 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City investments as of June 30, 2012 and filed report. 12. AB #20.988 - REJECT BIDS FOR TERRAMAR SEWER LIFT STATION AND FORCE MAIN PROJECT. Council adopted RESOLUTION NO. 2012-213, rejecting all bids for the Terramar Sewer Lift Station and Force Main Replacement Project, Project No. 5502. PUBLIC COMMENT: Walt Meier, Carlsbad, came fonA/ard to address Council regarding recreational vehicle and motor home parking on Carlsbad streets. Council concurred to hear Departmental Report Item Nos. 16 and 17 at this time. DEPARTMENTAL AND CITY MANAGER REPORTS: 16. AB #20.991 - WINNING TEAMS GRANT REQUEST. Management Analyst Courtney Enriquez gave the staff report and Power Point presentation, on file in the office of the City Clerk. Beth Weissman, coaching representative, came fon^/ard to address Council regarding the placement of the teams during the competition and fund raising activities. Council Member Douglas requested that Council consider a change to Policy 51 so that all grants disbursed reflect a standard percentage. Mayor Hall announced that Council Members Douglas and Packard will form a sub-committee to explore the policy change. August 28, 2012 Carlsbad City Council Meeting Page 4 ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2012-203. approving the request for support from Aviara Oaks Middle School and Mission Estancia Elementary School for teams to attend the Odyssey of the Mind World Finals held at lowa State University; and, authorizing the Finance Director to appropriate funds from the General Fund contingency account. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. This item was heard immediately following Public Comment. 17. AB #20.992 - WINNING TEAMS GRANT REQUEST. Management Analyst Courtney Enriquez gave the staff report and Power Point presentation, on file in the office of the City Clerk. The team's coach and team members briefly addressed Council regarding the tournament and the team's accomplishments. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2012-204. approving the request for support from the Carlsbad Knights Baseball team for participation in the Triple Crown World Series Tournament held in Steamboat Springs, Colorado from July 31 to August 5; and, authorizing the Finance Director to appropriate funds from the General Fund contingency account. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. This item was heard immediately following Item #16. PUBLIC HEARINGS: 13. AB #20.989 - ARMY AND NAVY ACADEMY ATHLETIC FACILITY. Assistant Planner Austin Silva gave the staff report and the Power Point presentation, on file in the office of the City Clerk. Bill Hoffman, representing the planning and civil engineers for the project, came fonvard to address Council regarding the plan and its implementation. Academy President Brigadier General Steven Bliss came fon^/ard to address Council regarding the 2008 master plan and various uses of the venue by the Academy and other organizations. Mayor Hall opened the public hearing at 6:59 p.m. Katie Taylor, Carlsbad, came fon^/ard to address Council regarding the impact on nearby businesses, fence design and proximity to nearby buildings, drainage, traffic and pedestrian safety. August 28, 2012 Carlsbad City Council Meeting Page 5 Mary Welsh, Carlsbad, came fonA/ard to address Council stating that she believed the facility would not create parking or safety issues. Mayor Hall closed the public hearing at 7:11 p.m. Mr. Hoffman responded to Ms. Taylor's comments and stated that meetings have taken place, and agreements reached, with nearby business owners. He also stated that a footbridge is planned during a later phase of construction. Mr. Silva confirmed that the Academy's project has met or exceeded the City's standards and requirements. He also supplied draft wording regarding parking notifications which could be included in the Resolution. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-201. as amended to include the following - "In the event that another school or organization is using the Army and Navy Academy's athletic facilities, the Army and Navy Academy shall provide direction and campus maps indicating the location of parking lots on the campus in order to lessen the parking impacts to the surrounding neighborhood", to consider approval of a Major Review Permit (RP 12-13) and Coastal Development Permit (CDP 12-04) to allow for demolition al all existing structures on site and the construction of a new two-story athletic facility, press box with stadium seating, maintenance building, and the installation of a new artificial turf field, lights and a new perimeter fence on property generally located at 2605 Carlsbad Boulevard. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard NOES: None. 14. AB #20.990 - GUNTHER'S RETAIL. Principal Planner Chris DeCerbo gave the staff report and Power Point presentation, on file in the office of the City Clerk. Appeal applicant Lisa Gunther came fonA/ard and read a statement to Council regarding expansion of their online business, the low number of walk-in customers, their existing State and Federal licensing and the State of California requirement of the word "retail" in the business license. City Planner Don Neu was available for questions and comments. Discussion ensued regarding the General Plan and zoning policies, the State of California requirements, the procedure for the sale of firearms, and definitions, interpretations and limitations of commercial and retail uses, and sales of accessories. Sue Loftin, on behalf of Gunther's Gifts, gave a Power Point presentation, on file in the office of the City Clerk. Council concurred to continue this item to October 2, 2012. August 28, 2012 Carlsbad City Council Meeting Pages DEPARTMENTAL AND CITY MANAGER REPORTS: 15. AB #20.996 - CITIZEN PRESENTATION REGARDING FRANCHISE FEES. Council received a presentation from Gretchen Ashton regarding franchise fees, on file in the office of the City Clerk. 18. AB #20.993 - BEACH PRESERVATION COMMITTEE APPOINTMENT. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012-205. appointing Norelynn Pion-Goureau to the Beach Preservation Committee . AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. 19. AB #20.994 - PARKS AND RECREATION COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012-206. appointing Roy Meenes to the Parks and Recreation Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012-207. reappointing Diane Proulx to the Parks and Recreation Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012-208. reappointing Ron Withall to the Parks and Recreation Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. August 28, 2012 Carlsbad City Council Meeting Page 7 20. AB #20,995 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012-209. appointing Fred Muir to the Traffic Safety Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012-210. appointing Chris Chauncey to the Traffic Safety Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012-211. appointing Kathryn Fox to the Traffic Safety Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2012-212. reappointing Hope Wrisley to the Traffic Safety Commission. 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: None. ADJOURNMENT: By proper motion, the Regular Meeting of August 28, 2012 was adjourned at 8:35 p.m. LORRAINE M. WOOD, CMC City Clerk