HomeMy WebLinkAbout2013-01-08; City Council; Minutes (5)MINUTES
MEETING OF: CITY OF CARLSBAD CITY COUNCIL
(Regular Meeting)
DATE OF MEETING: January 8, 2013
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 Assistant City Clerk, as follows:
Present: Council Members Hall, Packard, Wood, Blackburn and Douglas.
Absent: None.
PLEDGE OF ALLEGIANCE;
Council Member Blackburn led the pledge of allegiance.
APPROVAL OF MINUTES;
On a motion by Council Member Packard the minutes ofthe following meetings were
unanimously approved as presented:
Minutes ofthe Special Meetings held on December 4, 2012.
Minutes ofthe Regular Meeting held on December 4, 2012.
Minutes ofthe Joint Special Meeting held on December 4, 2012.
Minutes ofthe Special Meeting held on December 11,2012.
Minutes ofthe Regular Meeting held on December 11, 2012.
Minutes ofthe Special Meetings held on December 18, 2012.
Minutes ofthe Special Meeting held on December 21, 2012.
PRESENTATION:
Public Agency ofthe Year presentation to the Transportation Department.
Mayor Hall introduced Transportation Director Skip Hammann who explained that the award
was presented to Carlsbad for the way it thinks about transportation with its focus on policies
regarding local streets, the traffic signal program, and its pavement management program.
Mr. Hammann presented the award to the Council.
PUBUC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
Mayor Hall announced that City Council met in closed session at 4:30 p.m. on January 8, 2013,
to discuss the property at Plaza Camino Real parking lot at 2525 El Camino Real, and the
appointment ofthe Interim City attorney. Council deliberated these matters but took no final
action. Final action, when taken, will be reported out at a subsequent meeting.
January 8,2013 Carlsbad City Council Meeting Page 2
Mayor Hall also stated that Council met In a joint session with the Municipal Water District Board to
discuss pending litigation. City &. CMWD v Pacific Indemnity, et al. The Coundl/Board deliberated the
matter but took no final action. Final action, when taken, will be reported out at a subsequent meeting.
CONSENT CALENDAR:
Item Nos. 4,9 and 11 were pulled for discussion.
ACTION: On a motion by Council Member Packard, Council affirmed the action of
the Consent Calendar, Item Nos. 1-3, 5-8,10, and Item Nos. 12 through
17 as follows:
AYES: Hall, Packard, Wood, Blackburn and Douglas.
NOES; None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading ofthe text of ail Ordinances and Resolutions at this Meeting.
1. AB #21.080 - ACCEPTANCE OF DONATION.
Council approved RESOLUTION NO. 2013-001. accepting a donation from the Carlsbad
Chinese-American Club in support ofthe Senior Center; and, authorizing the Finance
Director to appropriate the donation to the Senior Center Special Revenue Fund.
2. AB #21.081 - REPORT OUT SETTLEMENT AGREEMENT.
Council received the report regarding the Settlement Agreement with the Carlsbad City
Employees Association.
3. AB #21.082 - SUMMARY VACATION OF EASEMENT.
Council approved RESOLUTION NO. 2013-002. summarily vacating an easement for
general purposes within the Villa Real Apartment Project, west of Avenida De Anita and
south of Marron Road, STV 12-03.
4. AB #21.083 - AWARD OF CONTRACT AND APPROVE CONSTRUCTION MANAGEMENT
AGREEMENT.
This item was pulled for discussion.
5. AB #21.084 - ANNEXATION OF TERRITORY TO STREET LIGHTING AND LANDSCAPING
DISTRICT NO 2.
Council approved RESOLUTION NO. 2013-004. ordering the annexation of territory to
Street Lighting and Landscaping District No 2, Zone 12, and confirming the levy of
assessments.
6. AB #21.085 - AUTHORIZE AMENDMENT TO AGREEMENT.
Council approved RESOLUTION NO. 2013-005. authorizing an amendment to extend
the current Regional Communications System (RCS) Participating Agency Agreement
with the County of San Diego for three years.
January 8, 2013 Carlsbad City Coundl Meeting Page 3
7. AB #21.086 - AUTHORIZE EXECUTION OF PREPAYMENT AGREEMENTS.
Council approved RESOLUTION NO. 2013-006. authorizing the Mayor to execute two
prepayment agreements with Property Development Centers, LLC, regarding the
funding of improvements to Rancho Santa Fe Road and Olivenhain Road for two ofthe
La Costa Town Square Projects, CT 01-09 and CT 08-03.
8. AB #21.087 - APPOINT INTERIM CITY ATTORNEY.
Council approved RESOLUTION NO. 2013-007. appointing Assistant City Attorney Jane
Mobaldi as Interim City Attorney.
9. AB #21.088- APPOINT CITY ATTORNEY
This item was pulled for discussion.
10. AB #21.089 - ESTABUSH NEW MANAGEMENT CLASSIFICATIONS AND AMEND THE
CONFLICT OF INTEREST CODE.
Council approved RESOLUTION NO. 2013-009. establishing new management
classification specifications in the Information Technology and Parks and Recreation
Departments deleting existing classifications and amending the Cit/s Conflict of
Interest Code.
11. AB #21.090 - AUTHORIZE GRANT APPLICATION TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG).
This item was pulled for discussion.
12. AB #21.091 - APPROVE DEDICATION OF EASEMENT TO SDG&E.
Council approved RESOLUTION NO. 2013-013. approving the dedication of an easement
at the Alga Norte Community Park to San Diego Gas &. Electric (SDG&E) for installation,
periodic inspection and maintenance of underground electric and communication
facilities, CIP 3837, APN 213-110-04.
13. AB #21.092 - NOTICE OF COMPLETION.
Council approved RESOLUTION NO. 2013-014. accepting the construction ofthe
Corrugated Metal Pipe Replacement Program and La Costa Avenue Storm Drain
Replacement Program (Washington Street, Badajoz Place, Elmwood Street and La Costa
Avenue (2524) Storm Drains) as complete; and, directing the City Clerk's Office to
record a Notice of Completion, Project Nos. 6602 and 6607.
14. AB #21.093 - NOTICE OF COMPLETION.
Council approved RESOLUTION NO. 2013-015. accepting the construction ofthe Buena
Vista Lift Station Force Main (VC4) as complete; and directing the City Clerk's Office to
record a Notice of Completion, Project No. 55081.
15. AB #21.094 - NOTICE OF COMPLETION.
Council approved RESOLUTION NO. 2013-016. accepting the construction of the
Northwest Quadrant Storm Drain Improvement Program - 2011 as complete; and,
directing the City Clerk's Office to record a Notice of Completion, Project 6608.
January 8,2013 Carlsbad City Council Meeting Page 4
16. AB #21.095 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City Investments as of November 30, 2012.
17. AB 21.105 - APPROVE AGREEMENTS FOR THE UPGRADE OF THE CITY'S FINANCIAL
INFORMATION SYSTEM.
Council approved RESOLUTION NO. 2013-021. approving agreements with SunGard
Public Sector, Inc., for providing application services and professional services related to
the upgrade ofthe city's financial information system.
DISCUSSION OF CONSENT CALENDAR ITEMS;
4. AB #21.083 - AWARD OF CONTRACT AND APPROVE CONSTRUCTION MANAGEMENT
AGREEMENT.
Douglas Vajner, representing HPS, spoke in opposition to the award ofthe contract. He
addressed staffs determination of finding his company's bid as non-responsive. He also spoke
about errors in the bid ofthe contractor that was being awarded the contract. Mr. Vajner said
that HPS is asking the city to waive the inadvertent area of his company's bid.
Interim City Attorney Jane Mobaldi said that staffs determination ofthe bidding process and
subsequent award of contract was reviewed by her office. She explained that it was determined
that even though HPS was the apparent lower bidder, the company would have had an unfair
advantage by the way the bid was submitted in that it could provide an opportunity to bid shop
on the work. She told Council that it does have the option to reject all bidders and rebid the
project
In response to an inquiry from Council Member Packard, Associate Engineer Mark Biskup said
that there was a timing element to get the project underway and it could take several months
to rebid the project.
ACTION: On a motion by Council Member Packard, Council approved
RESOLUTION NO. 2013-003. awarding a contract to NEWest
Construction Company Inc., for construction ofthe Home Plant
Sewer Lift Station and Force Main Replacement and approving an
agreement with Dudek for construction management; and,
authorizing the Mayor to execute the contract and agreement.
Project No. 5509.
AYES: Hall, Packard, Wood, Blackburn and Douglas.
NOES: None.
9. AB #21.088- APPOINT CITY ATTORNEY
Mayor Hall introduced and welcomed new City Attorney Celia Brewer.
January 8, 2013 Carisbad City Council Meeting Pages
ACTION:
AYES:
NOES;
On a motion by Council Member Packard, Council approved
RESOLUTION NO. 2013-008. appointing Ms. Celia A. Brewer as
City Attorney effective January 22, 2013 and approving the
employment agreement.
Hall, Packard, Wood, Blackburn and Douglas.
None.
11. AB #21.090 - AUORIZE GRANT APPUCATION TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG).
George Tye representing the Tri-City Tea Party, spoke in opposition to the City applying for the
SANDAG grants. He stated that the monies provided for the grants are federal funds from a
federal government that cannot fund its own operations. He also said that Smart Growth
increases congestion and housing prices and that providing walkable, bike able communities
does not guarantee people will change their driving habits.
ACTION: On a motion by Council Member Packard, Council approved
RESOLUTION NOS. 2013-010.2013-011 and 2013-012.
authorizing the Transportation Director to apply for Smart
Growth Incentive Grant Program Funds from SANDAG for "Plan
the Village", a village master plan; "Find the Village", an
innovative pedestrian and bicyclist way finding signage system;
and "Connect the Village", a traffic calming and pedestrian
connectivity project; and, accepting the terms ofthe grant
agreement.
AYES: Hall, Packard, Wood, Blackburn and Douglas.
NOES; None.
This item was heard out of order.
23. AB 21.100 - WINNING TEAMS GRANT REQUESTS.
Management Analyst Courtney Enriquez gave the staff report and PowerPoint presentation (on
file in the Office ofthe City Clerk).
ACTION: On a motion by Council Member Packard, Council adopted
RESOLUTION NO. 2013-020. approving three Winning Team Grant
requests from the Xcalibur Dance Team, Lancer Dancers, and La
Costa Canyon Pop Warner Mavericks Cheer; and, authorizing the
Finance Director to appropriate and distribute awarded funds
AYES;
NOES:
Hall, Packard, Wood, Blackburn and Douglas
None.
January 8,2013 Carlsbad City Council Meeting Page 6
ORDINANCE FOR INTRODUCTION:
18. AB #21.096 - RENAME HOUSING AND REDEVELOPMENT COMMISSION.
Interim City Attorney Jane Mobaldi explained that because of recent changes to state law
dissolving Redevelopment Agencies, the proposed ordinance would change the name ofthe
Commission to reflect the change.
Ms. Mobaldi titled the Ordinance.
ACTION: On a motion by Council Member Packard, Council introduced
ORDINANCE NO. CS-199. amending the Carlsbad Municipal Code,
Sections 2.40.010, 2.40.060(7), 21.54.140(a) and 21.54.150(a) to
change all references to the Housing and Redevelopment
Commission to the Community Development Commission.
AYES: Hall, Packard, Wood, Blackburn and Douglas.
NOES: None.
PUBUC COMMENT:
Richard Shapiro came forward to address Council. He spoke in opposition to the proposed RV
parking ordinance and provided his phone number for anyone wishing to discuss this item with
him, 760-681-4926.
Dennis Pennick stated that the proposed RV ordinance does not address the homeless that live
in their vehicles. He asked that Council to consider a provision for including this group of
people in the proposed ordinance.
Diane Nygaard spoke on behalf of the Costa Serena neighborhood in Oceanside and the
proposed Quarry Creek project. She stated that traffic in this area is a regional matter. She
also said that residents are concerned about first responders access to their area. She provided
the City Clerk with a petition from the Costa Serena residents. Ms. Nygaard further mentioned
the City of Oceanside's letter to the City of Carlsbad regarding the proposed project.
Walt Meier expressed support for the proposed RV ordinance. He also complimented staff on
the implementation ofthe traffic signal coordination project along El Camino ReaL
Tanya Wilson stated it was very costly to park an RV vehicle in appropriate RV parking lots. She
added that residents should be able to continue to park their RVs In front of their homes and
move the vehicles within the 72-hour limit. She cited concerns over potential costs to the city
regarding policing, signage as well as maintenance and implementation ofthe proposed
ordinance. She suggested that the city establish a fund that allows residents to pay for a
permit to park their RV vehicles on city streets.
John Frushi spoke in opposition to the proposed RV ordinance and expressed support for the
current regulations.
January 8, 2013 Carlsbad City Council Meeting Page 7
PUBUC HEARINGS:
19. AB #21.097 - EXTENSIONS OF PERMITS FOR DKN HOTEL
Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in the
Office ofthe City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 6:54 p.m.
Paul Klukas of Planning Systems came forward to speak on behalf ofthe applicant requesting
that Council approve the project.
Mayor Hall closed the Public Hearing at 6:56 p.m.
ACTION: On a motion by Council Member Packard, Council adopted
RESOLUTION NOS. 2013-017 AND 2013-018. approving the
retroactive extensions of Major Redevelopment Permit RP 05-
03x1 and Coastal Development Permit CDP 05-14x1 for the
construction of a 3-story, 104-room hotel project on property
located at 3136 Carlsbad Boulevard, on the east side ofCarlsbad
Boulevard between Pine Avenue and Oak Avenue.
AYES: Hall, Packard, Wood, Blackburn and Douglas.
NOES; None.
20. AB #21.098 - DEFERRAL OF IDENTIFIED DEVELOPMENT IMPACT FEES.
Development Services Manager Mike Petersen gave the staff report and PowerPoint
presentation (on file in the Office ofthe City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 6:57 p.m.
Michael McSweeny representing the Building Industry Association and Scott Sandstrom,
President of Newport Communities, came forward and spoke in support of this item.
Mayor Hall closed the Public Hearing at 6:59 p.m.
In response to an inquiry from Council Member Blackburn, Mr. Petersen said that for a single
dwelling unit, 14-18 permit fees can be charged. He added that at the most, five of those
permit fees could be deferred under this ordinance, because there are no impacts until
occupancy occurs. Mr. Petersen further explained that fees would be collected for those
impacts that do occur during the construction phase.
Interim City Attorney Jane Mobaldi titled the Ordinance.
January 8, 2013 Carlsbad City Council Meeting Page 8
ACTION: On a motion by Council Member Packard, Council introduced
ORDINANCE NO. CS-200. amending Title 13 (Sewers), Chapter 13.10;
Title 15 (Grading and Drainage), Chapter 15.08; Title 18 (Building
Code and Regulations), Chapter 18.42; Title 20 (Subdivisions),
Chapter 20.44; Title 21 (Zoning), Chapters 21.85 and 21.90 regarding
fees and fee deferrals for a two year period commencing once the
Ordinance becomes effective; and, further added that staff return to
Council for a review ofthe deferral of fees prior to the conclusion of
the two year period.
AYES: Hall, Packard, Wood, Blackburn and Douglas
NOES: None.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND MUNCIPAL
WATER DISTRICT BOARD
Mayor Hall adjourned the meeting to the Joint Special Meeting ofthe City Council and
Municipal Water District Board at 7:02 p.m. with five Council Members present.
RECONVENE;
Mayor Hall reconvened the City Council Meeting at 7:06 p.m. with five Council Members
present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
23. AB 21.100 - WINNING TEAMS GRANT REQUESTS.
This item was considered by Council earlier in the meeting.
24. AB #21.101 - PRESENTATIONS FROM CITY CLERK APPUCANTS.
Council received presentations from applicants Gerardeen Santiago, Kathryn Smith, Jacqueline
McKelvey, Barbara Engleson and Angelo Januzzi.
Mayor Hall explained to the applicants that Council may want to conduct additional interviews
and that a decision would be made at the January 29, 2013 Council meeting.
RECESS:
Mayor Hall recessed the City Council Meeting at 7:35 with five Council Members present.
RECONVENE;
Mayor Hall reconvened the City Council Meeting at 7:45 p.m. with five Council Members
present.
January 8, 2013 Carlsbad City Council Meeting Page 9
25. AB #21.102 - RESIDENT SURVEY AND STATE OF EFFECTIVENESS REPORT.
Senior Management Analyst Greg Hermann introduced Josh Williams from the BW Institute to
give the presentation on the 2012 Resident Public Opinion Survey (on file in the Office ofthe City
Clerk).
Mr. Hermann gave the staff report and PowerPoint presentation on the State of Effectiveness (on
file in the Office ofthe City Clerk).
Council concurred to accept the 2012 Resident Public Opinion Survey and State of Effectiveness
Reports.
26. AB #21.103 - ECONOMIC DEVELOPMENT ACTIVITY UPDATE.
Economic Development Manager Kathy Dodson gave the staff report and PowerPoint
presentation (on file in the Office of the City Clerk).
Council thanked Ms. Dodson for the update and concurred to accept the report.
27. AB #21.106 - DECLARATION AND INTENT TO LEVY REASSESSMENTS AND ISSUE REFUNDING
BONDS.
Accountant Aaron Beanan gave the staff report and PowerPoint presentation (on file in the Office
ofthe City Clerk).
ACTION: On a motion by Council Member Packard, Council adopted
RESOLUTION NOS. 2013- 022.2013-023 and 2013-024. declaring
the intention to levy reassessments and issue refunding bonds for
the Poinsettia Lane East and College Boulevard and Cannon Road
East (Benefit Area No. 1) Assessment District.
AYES: Hall, Packard, Wood, Blackburn and Douglas
NOES: None.
28. AB #21.104 - COUNCIL REORGANIZATION.
On a minute motion by Mayor Hall, Council concurred with the appointment of Mark Packard
to serve as Mayor Pro Tem and with the following committee assignments:
Council Member Douglas: Buena Vista Lagoon JPC, SANDAG Board of Directors (1^ alternate), San
Diego County Water Authority Board of Directors.
Council Member Blackburn: Buena Vista Lagoon JPC City/School Committee, Encina Joint Powers
(JAC), Encina Wastewater Authority, EWA Capital Improvement Committee, North County Dispatch
Joint Powers Authority (alternate).
January 8, 2013 Carlsbad City Council Meeting Page 10
Council Member Wood: Encina Joint Powers (JAC), Encina Wastewater Authority, League of
California Cities - SD Division, North County Transit District (alternate), SANDAG Board of Directors
(2""* alternate), SANDAG Shoreline Preservation Committee.
Mayor Pro Tem Packard: Chamber of Commerce Uaison, City/School Committee, North County
Transit District Board of Directors, NCTD Performance, Administration and Finance Committee,
North County Transit District Executive Committee, North County Dispatch Joint Powers Authority.
Mayor Hall: Chamber of Commerce Liaison, LAFCO Cities Advisory Committee, North County Mayors
and Managers, SANDAG Board of Directors, SANDAG Transportation Committee.
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:
Mayor Hall announced that Council Members have been invited to attend, and may be
participating in the following events:
Tuesday, January 22, 2013 - 8:00 a.m.
Carlsbad City Council Workshop
Safety Training Center
2570 Orion Way, Carlsbad
Monday, January 28, 2013 - 8:30 a.m.
City of Carlsbad Fire Department's Badge Ceremony
Fire Station 5
2540 Orion Way, Carlsbad
ADJOURNMENT:
By proper motion, the Regular Meeting of January 8, 2013 was adjourned at 8:51 p.m.
rz,crd£)
AssistantTity Clerk