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Home My WebLink About2012-09-25; City Council; Minutes (2)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 25, 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: Mayor Pro Tem Kulchin 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 held September 11, 2012. Minutes of the Regular Meeting held September 11, 2012. Minutes of Special Meeting held September 18, 2012. PRESENTATIONS: Mayor Hall presented a proclamation in recognition of Rideshare Week to Transportation Director Skip Hammann. Mayor Hall presented a proclamation in recognition of Walk and Bike to School Day to Transportation Engineering Manager Bryan Jones. Council Member Douglas presented a proclamation in recognition of Emergency Preparedness Month to Emergency Preparedness Manager David Harrison. Council Member Packard presented Certificates of Appreciation to Eagle Scouts Michael Schnese and Jordan Andersen for projects completed for the Citywide Trails Program. Kevin Hardy, Encina Wastewater Authority General Manager, presented a 50*^ Anniversary Key Partner Award to the Mayor and City Council. September 25, 2012 Carlsbad City Council Meeting Page 2 PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Mayor Hall announced that the City Council met in closed session at 3:30 p.m. on September 25, 2012, to discuss six items: The first item was regarding initiation of foreclosure proceedings against Bao Ngoc Tran, Lui Lydia Li and JP Morgan Chase Bank. The second item discussed was the appointment of a city attorney. The third matter was regarding pending litigation in the Holbrook v. City of Carlsbad case. The fourth and fifth items were labor negotiations with the CPMA and unrepresented management employees. The sixth item was pending litigation filed by Carlsbad Municipal Water District and the City of Carlsbad against a number of insurance companies covering property damage at the Marbella development. The City Council directed the City Attorney to begin foreclosure proceedings for the first item. The City Council also approved a proposal from William Avery and Associates for executive search services for recruitment of a new city attorney and directed the City Attorney to send a letter of acceptance. That proposal is on file with the Human Resources Department. As to items #3 to #6, the City Council directed the City Attorney in what it felt was in the best interest of the citizens of Carlsbad. There was no final action taken on these items, and they will be reported at a future meeting when final action occurs. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #6 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 #21.007 - ACCEPTANCE OF IN-KIND DONATIONS. Council adopted RESOLUTION NO. 2012-222. accepting in-kind donations from Eagle Scout candidates Michael Schnese, Troop 750, and Jordan Andersen, Troop 732, in support of the Citywide Trails Program. 2. AB #21.008 - ACCEPTANCE OF AWARD. Council adopted RESOLUTION NO. 2012-223. authorizing the Carlsbad City Library to accept an award from the California Library Literacy Services; and, authorizing the Finance Director to appropriate the received funds. 3. AB #21.009 - APPROVAL OF INSTALLATION OF LEGACY BRICKS. Council adopted RESOLUTION NO. 2012-224. approving the ongoing installation of engraved bricks at the Safety Training Center, in cooperation with the "legacy brick" fundraising program to benefit Carlsbad Explorer POST 781. 4. AB #21,016 - APPROVAL OF CONTRACT. Council adopted RESOLUTION NO. 2012-228. approving the contract with the County of San Diego for animal control services. September 25, 2012 Carlsbad City Council Meeting Page 3 5. AB #21,010 - AUTHORIZE REFUND OF BUSINESS LICENSE TAX. Council adopted RESOLUTION NO. 2012-225. authorizing the refund of business license tax to OptumRx Inc. 6. AB #21.011 - APPROVAL OF AGREEMENT. Council adopted RESOLUTUION NO. 2012-226. approving an agreement with Construction Testing and Engineering, Inc. for material testing and inspection services for the Alga Norte Community Park Phase I, Project No. 3837A. ORDINANCES FOR INTRODUCTION: 7. AB #21.012 - ESTABLISH STOP CONTROL ON CAMINO ALVARO. Glenn Bernard, Carlsbad, came fon/vard to address Council regarding the installation and benefits of roundabouts. Ron Ball, City Attorney titled the Ordinance ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-187. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Camino Alvaro at its Intersection with Sombrosa Street. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. 8. AB #21.013- PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS. Senior Management Analyst Michele Masterson gave the staff report and Power Point presentation, on file in the office of the City Clerk. The following people spoke in support of this item: Joe Kellejian, Mayor of Solana Beach, CA Judi Strang, San Dieguito Alliance for Drug Free Youth Debra Kelley, representing the American Lung Association of California Pattie Caraglio, Carlsbad Ace Hoffman, Carlsbad Sharon Hoffman, Carlsbad Janet Asaro, Carlsbad Lisa Snyder, Carlsbad Nicole Pappas, Carlsbad Glenn Bernard, Carlsbad came fon/vard to address Council regarding restaurant operations and government regulations. Ron Ball, City Attorney titled the Ordinance ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-188. amending title 6.14 of the Carlsbad Municipal Code to prohibit smoking in unenclosed dining areas; and, to bring Carlsbad's smoking prohibition ordinance into compliance with the current state law. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. September 25, 2012 Carlsbad City Council Meeting Page 4 PUBLIC COMMENT: Walt Meier, Carlsbad, came fon/vard to address Council regarding RV parking on residential streets. PUBLIC HEARING: 9. AB #21.014-HOUSING ELEMENT PROGRAM IMPLEMENTATION. Senior Planner Scott Donnell and Associate Planner Pam Drew 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 7:23 p.m. Mary Jane Jagodzinski, representing Community Housing Works, came fon^/ard to address Council in support of this item. Seeing no-one else wished to speak, Mayor Hall closed the public hearing at 7:24 p.m. Discussion ensued regarding M Zone and P-M Zone availability, and health and safety compatibility issues. City Attorney Ron Ball titled the ordinances. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-189. approving a zone code amendment to permit or conditionally permit farmworker housing complexes in zones where agricultural uses are permitted or conditionally permitted; add the definitions of "agriculture," "farmworker," "farmworker housing complex, large" and "farmworker housing complex, small" to Chapter 21.04 (Definitions) and add Section 21.10.125 - Farmworker Housing Complex Regulations and Standards to Chapter 21.10 (R-1 One- Family Residential Zone), ZCA 09-04. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-190. approving a zone code amendment to define "emergency shelter," permit or conditionally permit shelters in the M and P-M Zones, and add development standards for the same, ZCA 09-05. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. September 25, 2012 Carlsbad City Council Meeting Page 5 ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-191. approving a zone code amendment to add definitions and standards for "transitional housing" and "supportive housing," permit or conditionally permit the same in residential and certain commercial zones, revise the definition and standards for "residential care facilities," and permit residential care facilities in residential zones and certain commercial zones where currently not allowed, ZCA 11-07. AYES: Hall, Kulchin, Blackburn, Douglas, and Packard. NOES: None. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-227. approving Local Coastal Program amendments to implement Programs 3.13 (Farm Labor Housing), 3.14 (Emergency Shelter), 3.15 (Transitional and Supportive Housing), and 3.17 (Alternative Housing) of the 2005-2010 Housing Element, LCPA 09-03/LCPA 09-04/LCPA 11-08/LCPA 95-10(B). 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 7:30 p.m. with five members present. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the City Council Meeting at 7:31 p.m. with five members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #21.015 - REPORT ON FORMATION OF THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT. Business Improvement District Manager Cheryl Gerhardt gave the staff report and presented the Power Point presentation, on file in the office of the City Clerk. Ms. Gerhardt responded to questions from Council regarding opt-out provisions and time share establishments. Council received the report and set the public hearing for November 6, 2012. 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. September 25, 2012 Carlsbad City Council Meeting Page 6 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: Saturday, September 29, 2012 - 6:00 p.m. Boys and Girls Club Annual Gala La Costa Resort and Spa 2100 Costa Del Mar Carlsbad, California. ADJOURNMENT: Mayor Hall adjourned the Regular Meeting of September 25, 2012 at 7:47 p.m. :ORRATNE M. WOOD, CMC City Clerk DONNA HERATY Deputy City Clerk