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Home My WebLink About2012-10-02; City Council; Minutes (2)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 2, 2012 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chamber, 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, Blackburn, Douglas and Packard. Absent: Mayor Pro Tem Kulchin. LEGISLATIVE INVOCATION: Father William Rowland of St. Patrick's Catholic Church gave the legislative invocation. PLEDGE OF ALLEGIANCE: Council Member Blackburn led the Pledge of Allegiance. PRESENTATIONS: Council Member Blackburn presented proclamations recognizing Crime Prevention Month and Fire Prevention Week to Fire Battalion Chief Mike Davis, Police Lt. Paul Mendes and Crime Prevention Specialist Jodee Sasway. Mayor Hall presented a retirement proclamation to Park Development Manager Mark Steyaert. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Mayor Hall announced that the City Council met in closed session at 4:00 p.m. on October 2, 2012, to discuss six items: The first was three items were labor negotiations with CCEA, CPMA and unrepresented management employees. The fourth item was regarding pending litigation in the City of Carlsbad and Carlsbad Municipal Water District Board v. Pacific Indemnity. And the last item discussed was pending litigation in the Surfrider Foundation v. Regional Water Quality Control Board, et al. 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 any of these items, and they will be reported at a future meeting when final action occurs. October 2, 2012 Carlsbad City Council Meeting Page 2 CONSENT CALENDAR : ACTION: On a motion by Council Member Packard, Council affirmed the action of the Consent Calendar, Items #1 through #3 as follows: AYES: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Mayor Pro Tem Kulchin. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #21.017 - APPROVAL OF AGREEMENTS. Council adopted RESOLUTION NO. 2012-229 and 2012-230. approving an agreement with Simon Wong Engineering, Inc. Infrastructure Engineering Corporation and Harris & Associates, Inc. for as-needed inspection and construction management services; and, approving an agreement with Southern California Soil and Testing, Inc, for as-needed materials testing services. 2. AB #21.018 - REPORT ON CITY INVESTMENTS. Council received the City Treasurer's report on City Investments as of August 31, 2012. 3. AB #21.026 - AWARD OF CONTRACT - PROJECT NO. 6001-12-OL Council adopted RESOLUTION NO. 2012-233. accepting bids and awarding the contract to All American Asphalt for construction of the 2012 Pavement Overlay, Project. No. 6001-12- OL. ORDINANCES FOR ADOPTION: 4. AB #21.019 - ESTABLISH STOP CONTROL ON CAMINO ALVARO. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Council Member Packard, Council adopted 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: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Mayor Pro Tem Kulchin. October 2, 2012 Carlsbad City Council Meeting Pages 5. AB # 21.020 - PROHIBITION OF SMOKING IN UNENCLOSED DINING AREAS - MCA 12- Levi Martinez, Vista Community Clinic, came forward to address Council in support of this item. George Tye, Carlsbad, came forward to thank Council for their service and spoke about government regulations, signage at restaurants and the effect of this ordinance on businesses. City Attorney Ron Ball stated that the ordinance is not subject to California Coastal Commission approval and that the ordinance should be amended accordingly. City Attorney Ron Ball titled the ordinance, as amended, eliminating the California Coastal Commission approval clause. ACTION: On a motion by Council Member Packard, Council adopted ORDINANCE NO. CS-188. as amended, amending Title 6, Chapter 6.14 of the Carlsbad Municipal Code to prohibit smoking in unenclosed dining areas. AYES: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Mayor Pro Tem Kulchin. 6. AB # 21.021 - HOUSING ELEMENT PROGRAM IMPLEMENTATION - ZCA 09-04, ZCA 09-05. ZCA 11-07. City Attorney Ron Ball titled the ordinances. ACTION: On a motion by Council Member Packard, Council adopted 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: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Mayor Pro Tem Kulchin. ACTION: On a motion by Council Member Packard, Council adopted 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: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Mayor Pro Tem Kulchin. October 2, 2012 Carlsbad City Council Meeting Page 4 ACTION: AYES: NOES: ABSENT: PUBLIC COMMENT: On a motion by Council Member Packard, Council adopted 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). Council Members Hall, Blackburn, Douglas and Packard. None. Mayor Pro Tem Kulchin. General Steve Bliss (Ret.), Army and Navy Academy, Carlsbad, came fon/vard to address Council regarding the 4*^ Annual Veterans Day Ceremony. PUBLIC HEARING: Item #7 was continued from the Citv Council Regular Meeting of August 28, 2012. 7. AB #21,022-GUNTHER'S RETAIL-CUP 12-02. Mayor Hall opened the duly noticed public hearing at 6:30 p.m. Seeing no-one wished to speak. Mayor Hall closed the public hearing at 6:31 p.m. On a minute motion by Council Member Packard, Council concurred to continue this item to October 23, 2012. 8. AB #21.023 - AMEND CARLSBAD MUNICIPAL CODE - MCA 12.02. Associate Planner Kevin Pointer gave the staff report and presented the Power Point presentation, on file in the office of the City Clerk. Mayor Hall opened the duly noticed public hearing at 6:34 p.m. Seeing no-one wished to speak. Mayor Hall closed the public hearing at 6:35 p.m. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Council Member Packard, Council introduced ORDINANCE NO. CS-192. approving a Municipal Code amendment consisting of various amendments to the subdivision ordinance to improve the City's development review process. (MCA 12-02). AYES: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Mayor Pro Tem Kulchin. October 2, 2012 Carlsbad City Council Meeting Page 5 ADJOURMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT BOARD. Mayor Hall adjoumed to the Joint Special Meeting of the City Council and Carlsbad Municipal Water District Board at 6:35 p.m. with four Council Members present. RECONVENE MEETING: Mayor Hall reconvened the Carlsbad City Council meeting at 6:36 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB #21.024 - SPECIAL EVENT GRANT REQUEST. Council concurred to return this item to staff. 11. UPDATE ON VILLAGE REVITALIZATION PARTNERSHIP. On a minute motion by Council Member Packard, Council concurred to continue this item to October 23, 2012. PUBLIC COMMENT: None. COUNCIL REPORTS AND COMMENTS: Mayor Hall and Council Members reported on activities and meetings of some committees and subcommittees of which they are members. 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: Thursday, October 4, 2012 - 5:30 p.m. City of Carlsbad Boards and Commissions Appreciation Event The Crossings at Carlsbad 5800 The Crossings Drive Carlsbad, California Tuesday, October 9, 2012 - 10:00 a.m. City of Carlsbad Police Promotion Ceremony Safety Center 2560 Orion Way Carlsbad, California October 2, 2012 Carlsbad City Council Meeting Page 6 Sunday, October 14, 2012 - 5:30 p.m. Carlsbad Action Network "Meet and Greet" Home of Saundra and Bill Cima 2909 Candil Place Carlsbad, California Tuesday, October 16, 2012- 11:00 a.m. to 1:00 p.m. Carlsbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of October 2, 2012 was adjourned at 6:44 p.m. in remembrance of Alan Kindle. JRAINE M. WOOD, CMC CdR City Clerk DONNA HERATY Deputy City Clerk