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Home My WebLink About2013-09-17; City Council; MinutesMINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 17,2013 TIME OF MEETING: 10:30 a.m. PLACE OF MEETING: 1635 Faraday Avenue, Room 173A, Carlsbad, CA 92008 CALL TO ORDER: Mayor Hall called the Meeting to order at 10:30 a.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Packard, Wood, Blackburn, Douglas. Absent: None. PUBUC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced that Council heard the matters presented during the Special Meeting held September 17, 2013, but took no final action. Final action, when taken, will be reported out at a subsequent meeting. COUNCIL REPORTS: Mayor Pro Tem Packard reported that last night the Carlsbad School Board interviewed ten candidates and voted in Claudine Jones to fill the school board vacancy until the next election. Council Members Wood and Blackburn toured the "Solutions for Change" hydroponics farm and both reported that they were very impressed with its operation. Mayor Hall also commended the work being done at "Solutions for Change." Council Member Blackburn addressed the Council regarding Agenda Bill #21,370 and suggested a compromise, which would preclude new or incoming commercial pet businesses from selling animals in Carlsbad, but to allow the existing single commercial business to continue pet sales. Carlsbad currently permits residents to own three animals per home. Councilmember Blackburn is recommending that number be increased to four with the condition the fourth pet be a foster pet allowed for a temporary amount of time. September 17, 2013 Carlsbad City Council Regular Meeting Page 2 DEPARTMENTAL AND CITY MANAGER REPORTS: 1- PRESENTATION BY STAFF AND COUNTY OF SAN DIEGO DEPARTMENT OF ANIMAL SERVICES REGARDING PET ADOPTION AND ANIMAL ADVOCACY. City Manager John Coates introduced Police Department Management Analyst Fionna Everett and Mr. Harold Holmes, Deputy Director of The County of San Diego Animal Services who delivered a PowerPoint presentation (on file in the City Clerk's office). Mr. Holmes provided a brief recap of the July 16, 2013 meeting and reviewed the services The County of San Diego Department of Animal Services provides to the City. Mr. Holmes and Ms. Everett answered Council questions and proceeded with the presentation. Carlsbad resident Gina McBride addressed the Council in support of animal advocacy and requested that any "grandfather" business selling pets commercially in Carlsbad not be allowed to transfer this right should they sell their business in the future. Ms. McBride stated she supports the addition of a fourth dog per household for fostering purposes. Council Member Douglas asked Ms. McBride for her definition of temporary placement. Ms. McBride responded that the time line for fostering a pet varies with the circumstances and the pet's history of trauma. Mayor Hall stated his concern that the number of pets a breeder produces may not be an accurate predictor of the level of care the breeder provides. Ms. McBride responded that when a breeder starts turning out a high volume of animals, over- breeding may become a concern, especially since it introduces health problems in addition to the inhumane treatment that accompanies this practice. Rebecca Anne Carper addressed the Council in opposition to any increase in the number of pets per household. Council Member Douglas asked City Attorney Celia Brewer if it would be a violation ofthe current ordinance that limits three pets to one household, if an owner had two dogs and an elderly parent moved in that also had two dogs. Ms. Brewer stated responsive code enforcement is maintained in Carlsbad and this scenario would be a violation ofthe law. Mayor Hall commented that local homeowner associations (HOAs) maintain a policy limiting pet ownership to two per household. He asked if research had been conducted by staff on this issue. September 17, 2013 Carlsbad City Council Regular Meeting Page 3 City Manager Coates and City Attorney Brewer responded no. Ms. Brewer added that HOAs are responsible for enforcing their own policies when they are not in line with city code and it was not unusual for HOA policies to be more restrictive than municipal laws. Mayor Hall stated that the question of determining whether a breeder is a quality breeder or not remains unclear and that local government assuming the role of dictating what is a good business versus bad business is a concern. Council Member Blackburn responded that the concern with the welfare of animals takes precedence over rules validating whether a business is a good or a bad business. Mayor Pro Tem Packard commented that he wants to see current code enforced before new, different practices are introduced. ACTION: On a minute motion by Council Member Blackburn, Council directed staff to develop a plan to allow the single existing business in Carlsbad to continue commercial pet sales but to prohibit any new or incoming businesses from doing so. This action will result in an Agenda Bill on an upcoming Agenda for a final vote. AYES: Wood, Blackburn, Douglas. NOES: Packard, Hall. ACTION: On a minute motion by Council Member Blackburn, Council failed to carry the motion to amend the Carlsbad Municipal Code to allow residents to have a fourth adult animal (cat or dog) temporarily if the fourth animal is a foster animal AYES: NOES: Blackburn, Wood. Hall, Packard, Douglas. RECESS: Mayor Hall announced a recess at 11:25 a.m. with five Council Members present. RECONVENE: Mayor Hall reconvened the Regular Meeting at 11:31 a.m. with five Council Members present. September 17, 2013 Carlsbad City Council Regular Meeting Page 4 2. AB #21.371 - PRESENTATION FROM THE SAN DIEGO COUNTY WATER AUTHORITY REGARDING THE BAY DELTA CONSERVATION PLAN. Public Works Director Skip Hammann introduced Mr. Tom Wornham and Mr. Dennis Cushman of the San Diego County Water Authority. Mr. Wornham announced that the Desalination Construction is on schedule and proceeded to offer a PowerPoint presentation (on file in the City Clerk's Office) concerning the Bay-Delta. • Restoration. • What is the right size? • Who is going to pay for it? Council Member Blackburn asked about our fiscal options. Mr. Cushman responded that the MWD (Metropolitan Water District) could obligate the city without its consent to pay for this project. Mr. Andrew Poat, Consultant with the Resources Agency to the State of California spoke in support of The Bay-Delta project. Council Member Wood asked about the status ofthe litigation between The San Diego County Water Authority and the MWD. It was reported that a court date of December 17, 2013 had been assigned and Mr. Wornham stated they expect to hear the results of that hearing in January, 2014. Further discussion ensued regarding the funding demands ofthe project and the impact to agricultural business versus urban users. Mayor Hall stated that this may be yet another burden for businesses in the State of California if a higher percentage of the cost of this project falls to them. Council Member Douglas announced that the San Diego County Water Authority offers tours of the Bay-Delta project. Mayor Hall asked Mr. Coates to provide an update to Council on the Realignment ofthe South Coastal Corridor project. September 17, 2013 Carlsbad City Council Regular Meeting Page 5 Assistant City Manager Gary Barberio came forward to address this topic. Mr. Barberio informed Council that a team convened last week in a strategy session and he expects the project to be presented to Council in October. Mr. Barbario noted the team was considering a strategy change that may advance the project. The strategy includes a land exchange under review with boundary expansions being explored. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of September 17, 2013 was adjourned at 12:17 p.m. Barbara Engleson City Clerk