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HomeMy WebLinkAbout2013-11-05; City Council; Minutes (4)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 5, 2013 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chamber, 1200 Carisbad Village Drive, Carisbad, 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, Packard, Wood, Blackburn and Douglas. Absent: None. PLEDGE OF ALLEGIANCE: Council Member Packard led the pledge of allegiance. APPROVAL OF MINUTES: Mayor Pro Tem Packard stated that he would abstain from approval ofthe Special Meeting Minutes and Regular Meeting Minutes of December 8, 2009, due to his absence from those meetings. On a motion by Council Member Blackburn, the minutes ofthe following meetings were approved as presented. Minutes ofthe Special Meeting held October 8, 2013. Minutes ofthe Regular Meeting held October 8, 2013. Minutes ofthe Regular Meeting held October 15, 2013. Minutes ofthe Special Meeting held October 15, 2013. Minutes ofthe Special Meeting held October 24, 2013. PRESENTATIONS: Presentation of a proclamation in recognition of Red Ribbon Week. Council Member Blackburn presented a proclamation in recognition of Red Ribbon Week to Suzette Lovely, Superintendent, CaHsbad Unified School District, and Rosemary Eshelman, Student Services Specialist, CaHsbad Unified School District. Members of Champion Lancers, and ambassadors of Red Ribbon Week, were introduced to Council members. November 5, 2013 Carlsbad City Council Regular Meeting Page 2 Presentation of an award for Livable Streets from WTS. Public Works Director Skip Hammann acknowledged the WTS San Diego Chapter Award given to the City of Carlsbad in recognition of its Livable Streets initiative. Presentation of a proclamation in recognition of National Hospice and Palliative Care Month. Mayor Hall presented a proclamation in recognition of National Hospice and Palliative Care Month to Nerice Kaufman, Executive Director of Hospice ofthe North Coast and Bobbie Hoder. Presentation in recognition of Lake Calavera Interpretive Panels and Community Donations. Park Planning Manager Liz Ketabian recognized donations ofthe Lake Calavera Interpretive Panels and community donations. Presentation of proclamation in recognition of Fire Division Chief Chris Heiser's retirement. Council Member Wood presented a proclamation in recognition of Fire Division Chief Chris Heiser's retirement. Mr. Heiser spoke briefly about the recognition. PUBUC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced that Council heard the matters presented during the Special Meetings held October 8, 2013, and reported as follows: Council authorized the initiation of litigation, the details of which will be released upon request after the commencement ofthe action. Council appointed Kevin Crawford its Interim City Manager and the City Attorney has been given negotiating authority to prepare an interim employment agreement for approval on a future City Council agenda. Regarding the remaining three items. Council took no final action. Final action, when taken, will be reported out at a subsequent meeting. CONSENT CALENDAR: Council Member Wood recused herself from voting on Item No. 6 because her residence is within 600 feet ofthe subject property. ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action ofthe Consent Calendar, Items #1 through #5, #7 through #9 as follows: AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. November 5, 2013 Carlsbad City Council Regular Meeting Page 3 ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action ofthe Consent Calendar, Item #6 as follows: AYES: Hall, Packard, Blackburn and Douglas. NOES: None. ABSENT: Wood. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #21.399 - APPROVE PROFESSIONAL SERVICES AGREEMENT FOR BUSINESS OUTREACH CONSULTING SERVICES. Council adopted RESOLUTION NO. 2013-247. approving the professional services agreement for Business Outreach Consulting Services with Development Counsellor's International; and, authorizing the City Manager to execute the agreement. 2. AB #21.400 - APPROVE AFFORDABLE HOUSING AGREEMENT AUTHORIZING THE BUENA VISTA 11 SUBDIVISION. ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF BUENA VISTA WAY AND VALLEY STREET TO UTILIZE SECOND DWELLING UNITS TO SATISFY INCLUSIONARY HOUSING REQUIREMENTS. Council adopted RESOLUTION NO. 2013-248. approving an Affordable Housing Agreement authorizing the Buena Vista 11 Subdivision, on property located on the southwest corner ofthe intersection of Buena Vista Way and Valley Street, to utilize second dwelling units to satisfy inclusionary housing requirements; and, authorizing the Housing and Neighborhood Services Director or designee to execute all documents. 3. AB #21.401 - APPROVE AGREEMENT FOR STREET SWEEPING SERVICES. BID NO. 14-01. Council adopted RESOLUTION NO. 2013-249. accepting the bid and awarding the agreement for street sweeping services. Bid No. 14-01, to Cannon Pacific Services, Inc., dba Pacific Sweeping; and, authorizing the Mayor to execute the agreement; and, authorizing the Public Works Director to amend the contract during the course of each agreement year to allow for the day to day management of street sweeping operations. 4. AB #21.402 - AWARD CONTRACT FOR CONSTRUCTION OF THE 2013 PAVEMENT OVERLAY PROJECT NO. 6001-13-OL Council adopted RESOLUTION NO. 2013-250. accepting bids and awarding the contract for construction ofthe 2013 Pavement OveHay Project No. 6001-13-OL to TC Construction Company, authorizing the Mayor to execute the contract; and, authorizing the City Manager to approve specified construction change orders. November 5, 2013 Carlsbad City Council Regular Meeting Page 4 5. AB #21.403 - AWARD CONTRACT FOR CONSTRUCTION OF THE 2013 SLURRY SEAL PROJECT NO. 6001- 13-SS. Council adopted RESOLUTION NO. 2013-251. accepting bids and awarding the contract for construction ofthe 2013 Slurry Seal Project No. 6001-13-SS to American Asphalt South, authorizing the Mayor to execute the contract; and, authorizing the City Manager to approve specified construction change orders. 6. AB #21.404 - SUMMARY VACATION OF EASEMENT FOR PUBLIC ROAD PURPOSES. LOCATED SOUTHERLY OF PALOMAR AIRPORT ROAD AND EXTENDING SOUTHERLY TO AND ACROSS MELROSE DRIVE. STV 13-04. Council adopted RESOLUTION NO. 2013-252. summarily vacating an easement for public road purposes, located southerly of Palomar Airport Road and extending to and across Melrose Drive, STV 13-04; and, instructing the City Clerk to record the resolution in the Office of the County Recorder of San Diego County. 7. AB #21.405 - APPROVE AND APPROPRIATE POLICE FEDERAL ASSET FORFEITURE FUNDS FOR THE PURCHASE OF MOBILE (HAND HELD) POLICE RADIOS. Council adopted RESOLUTION NO. 2013-253. approving the purchase of eight mobile radios; and, authorizing the Administrative Services Director to appropriate police federal asset forfeiture funds for the purchase. 8. AB #21.406 - RATIFY THE ANIMAL CONTROL SERVICES PROGRAM JOINT OPERATING AND FINANCIAL PLAN FOR FISCAL YEAR 2013-14 AND AMEND ANIMAL CONTROL SERVICES PROGRAM AGREEMENT. Council adopted RESOLUTION NO. 2013-254. ratifying the Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2013-14 agreement; and, amending the agreement to include Attachment B Contract Animal Control Services Program Joint Operating and Financial Plan Fiscal Year 2013-14; and, authorizing the City Manager to execute the agreement. 9. AB #21.407 - REPORT ON CITY INVESTMENTS. Council accepted City Treasurer's Report on city investments as of September 30, 2013. November 5, 2013 Carlsbad City Council Regular Meeting Page 5 ORDINANCE FOR INTRODUCTION: 10. AB #21.408 - DECREASE THE SPEED UMIT ON VARIOUS STREETS - AVENIDA ENCINAS. CAMINO DE LAS ONDAS. HIDDEN VALLEY ROAD. LOKER AVENUE WEST AND LOKER AVENUE EAST. Deputy Transportation Director Bryan Jones gave the staff report and PowerPoint presentation (on file in the office ofthe City Clerk). City Attorney Celia Brewer titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Packard, Council introduced ORDINANCE NO. CS-233. amending Title 10, Chapter 10.44 ofthe CaHsbad Municipal Code by the revision of Sections 10.44.280, 10.44.250,10.44.570,10.44.460 and 10.44.470 to reduce speed limits on various streets - Avenida Encinas between Palomar Airport Road and 0.67 miles south of Palomar Airport Road, Camino de las Ondas between Paseo Del Norte and Aviara Parkway, Hidden Valley Road between Camino de las Ondas and Palomar Airport Road, Loker Avenue West between Palomar Airport Road and El Fuerte Street and Loker Avenue East between El Fuerte Street and Palomar Airport Road. AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. ORDINANCES FOR ADOPTION: 11. AB #21.409 - DECREASE THE SPEED UMIT ON BATIQUITOS DRIVE . Ronald Zawistuwski, CaHsbad, came forward to address Council in favor ofthis item and stated the importance of enforcing speed limits. City Attorney Celia Brewer titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Packard, Council introduced ORDINANCE NO. CS-230. amending Title 10, Chapter 10.44, Section 10.44.520 ofthe CaHsbad Municipal Code to reduce the 45 mile per hour speed limit on Batiquitos Drive from Poinsettia Lane to Golden Star Lane to 40 miles per hour. AYES: NOES: ABSENT: Hall, Packard, Wood, Blackburn and Douglas. None. None. November 5, 2013 Cadsbad City Council Regular Meeting Page 6 12. AB #21.410 - ALLOW ON-STREET PARKING ON HOSP WAY. City Attorney Celia Brewer titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Packard, Council introduced ORDINANCE NO. CS-229. amending Title 10, Chapter 10.40, ofthe CaHsbad Municipal Code to allow parking on both sides of Hosp Way from 550 feet west of Avenida Magnifica to Calle Arroyo. AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. PUBUC COMMENT: CaHton Lund, CaHsbad Chamber of Commerce, came forward to address Council regarding the Camber's donation of a welcome sign to be erected near the intersection of CaHsbad Boulevard and CaHsbad Village Dnve. Ed Scarpelli, CaHsbad, came forward to invite Council and residents to the 5^^ Annual Veterans Day Ceremony at the Army and Navy Academy athletic field. Ray Pearson, Carlsbad, came forward to thank the city for the community activity grant to the North Coast Prevention Coalition and explained how the grant will be used. Renee Glotzbach, San Marcos, came forward in support of Red Ribbon Week and requested an alcohol ban in city parks. Walt Meier, CaHsbad, came forward to express opposition to the proposed airport runway extension, and in support of keeping forty percent ofthe city as open space. PUBUC HEARINGS: 13. AB #21.411 - SALE OF CITY PROPERTY IDENTIFIED AS THE BUENA VISTA RESERVOIR PROPERTY. APN 156-200-16-00 (PR 13-47). Municipal Property Manager Joe Garuba gave the staff report and PowerPoint presentation (on file in the office ofthe City Clerk). Mr. Garuba responded to questions from Council regarding the number of housing units proposed, and obtaining a formal appraisal. Mayor Hall opened the duly noticed public heanng at 6:59 p.m. November 5, 2013 Carlsbad City Council Regular Meeting Page 7 The following people came forward in opposition to this item - Robert Dentino, CaHsbad Mary Ann Viney, Carlsbad Jack Kubota, CaHsbad, came forward in support ofthis item. Diane Nygaard, Oceanside, came forward to address Council and expressed her concern regarding selling this property until a strategic plan is adopted. Mayor Hall closed the public heanng at 7:06 p.m. Mr. Garuba responded to further questions from Council stating that the property has not served as a reservoir for some time, and that there is no foreseeable need for its use. Parks and Recreation Director Chns Hazeltine addressed the status and timing ofthe Parks and Recreation Needs Assessment Report, mapping of potential gaps in parkland, requirement for facilities In the northwest quadrant ofthe City. Council concurred to continue this item to date uncertain. City Attorney Celia Brewer confirmed that the public heanng will be re-noticed and re-posted. 14. AB #21.412 - 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM. Senior Management Analyst Frank Boensch gave the staff report and PowerPoint presentation (on file in the office ofthe City Clerk). Mayor Hall opened the duly noticed public heanng at 7:19 p.m. Seeing that no-one wished to speak. Mayor Hall closed the public heanng at 7:19 p.m. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-256. approving the 2014-2015 Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Program Funding Plan; and, authorizing the distnbution of a Request for Proposals for the 2014-2015 CDBG/HOME Program. AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. November 5, 2013 Carlsbad City Council Regular Meeting Page 8 ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT BOARD. Mayor Hall adjourned to the Joint Special Meeting ofthe CaHsbad City Council and CaHsbad Municipal Water Distnct Board at 7:20 p.m. with five members present. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the City Council Meeting at 10:03 p.m. with five members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 17. AB #21.415 - PRESENTATION BY STAFF AND COUNTY OF SAN DIEGO DEPARTMENT OF ANIMAL SERVICES REGARDING ORDINANCE BANNING RETAIL SALE OF DOGS AND CATS. Management Analyst Fiona Everett gave the staff report and PowerPoint presentation (on file in the office ofthe City Clerk). San Diego County Deputy Director of Animal Services Harold Holmes was available for questions. Stephanie Vaughn, California Pets, came forward to address Council to thank them for their time to meet with California Pets, and to refute inaccurate information previously given to Council by various members ofthe public. Ms. Vaughn responded to a question from Council Member Douglas regarding the number of puppies sold per year. Vicky Estuesta, Carlsbad, came forward in opposition to retail pet stores selling puppies. Mr. Holmes answered questions regarding regulations for pet stores and dealers, the Pet Protection Act, rescue center regulations. ACTION: On a minute motion by Council Member Douglas, Council approved repealing the ordinance amending Title 7 ofthe CaHsbad Municipal Code with the addition of Chapter 7.16, banning the retail sale of dogs and cats in the city. AYES: Hall, Packard and Douglas. NOES: Wood and Blackburn. ABSENT: None. 18. AB #21.416 - PARKS AND RECREATION DEPARTMENT NEEDS ASSESSMENT DRAFT REPORT. Council concurred to continue this item to the City Council Regular Meeting of November 12, 2013. November 5, 2013 Carlsbad City Council Regular Meeting Page 9 19. AB #21.417 - ANALYSIS OF LAND USE DESIGNATION CHANGES ON ADDITIONAL PROPERTIES AS PART OF ENVISION CARLSBAD PHASE 2. GENERAL PLAN UPDATE - GPA 07-02. City Planner Don Neu and Pnncipal Planner David de Cordova gave the staff report and PowerPoint presentation (on file in the office ofthe City Clerk). Mr. Neu and Mr. de Cordova responded to questions from Council regarding the consequences ifthe subject sites were included or not included in the analysis, the ability of site owners to pursue an application if that site was not included in this recommendation, housing caps, site feasibility with regard to flood, habitat management and reasonable economic use. Council discussed each site and staff recommendations. The following people came forward to address Council in support ofthis item - Mike Howes, CaHsbad Ross Barber, CaHsbad Robert Wilkinson, CaHsbad Kevin Hardy, CaHsbad Gayl Hynek, Gilroy Jim Whalen, representing Mr. and Mrs. Heinick, also gave a bnef PowerPoint presentation (on file in the office ofthe City Clerk) Bob Ladwig, Carlsbad Diane Nygaard, representing Preserve Calavera, came forward to express concerns regarding some of the sites contained in this proposal referencing the 1986 Growth Management Plan and the need to achieve minimum 40% open space. Alexander Aram, CaHsbad, came forward in support of staff recommendation to exclude Site No. 1. Mr. de Cordova addressed the issue of 40% open space, stating that the Growth Management Plan requires 15%, 25% was an estimate of undevelopable land. It is estimated that open space will be close to 40%. He stated that the planned uses do not decrease open space. ACTION: On a motion by Council Member Douglas, Council adopted RESOLUTION NO. 2013-259. to 1) include, as part ofthe General Plan update process, additional properties to be considered and analyzed for a land use designation change, 2) process the necessary amendments to the General Plan update consuiting contract and budget, and 3) process the necessary agreements to ensure the property owners/interested parties pay an equal share ofthe additional costs to include their properties in the General Plan update. November 5, 2013 Carlsbad City Council Regular Meeting Page 10 Site Reference #1, Ocean View Carlsbad (Kirgis), Council approved staff recommendation: AYES: Hall, Packard, Wood and Blackburn. NOES: Douglas. ABSENT: None. Site Reference No. 2, Sunny Creek Commercial, Council approved staff recommendation: AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. Site Reference No. 3, Envision CaHsbad Preferred Plan Focus Area 5 - Sunny Creek, Council approved staff recommendation: AYES: Hall, Packard and Blackburn. NOES: Wood and Douglas. ABSENT: None. Site Reference No. 4, Madonna Hill, Council approved staff recommendation: AYES: Hall, Packard, Wood and Blackburn. NOES: Douglas. ABSENT: None. Site Reference No. 5A and 5B, Encina Wastewater South, Council approved staff recommendation: AYES: Packard, Wood, Blackburn and Douglas. NOES: Hall. ABSENT: None. Site Reference No. 6, La Costa Town Square Office, Council approved staff Recommendation: AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. November 5, 2013 Carlsbad City Council Regular Meeting Page 11 20. AB #21.418 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-260. appointing Hector Becerra to the CaHsbad Tounsm Business Improvement Distnct Advisory Board. AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-261. appointing Bill Canepa to the CaHsbad Tourism Business Improvement Distnct Advisory Board. AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. 21. AB #21.419 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-262. appointing Scott Allen to the CaHsbad Tounsm Business Improvement Distnct Advisory Board. AYES: NOES: ABSENT: Hall, Packard, Wood, Blackburn and Douglas. None. None. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-262. appointing Scott Allen to the CaHsbad Golf Lodging Business Improvement Distnct Advisory Board. AYES: Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. PUBUC COMMENT: (CONTINUED) Barbara Tice, CaHsbad, came forward to address Council regarding the importance of preserving open space and natural resources, such as the Marron Adobe. November 5, 2013 Carlsbad City Council Regular Meeting Page 12 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: Thursday, November 7, 2013 - 5:30 p.m. Annual Boards and Commissions Appreciation Event The Crossings at CaHsbad 5800 The Crossings Dnve CaHsbad, CA Monday, November 11, 2013 -10:30 a.m. CaHsbad Veterans Day Remembrance Ceremony Rotary Club of CaHsbad and the Army and Navy Academy Army and Navy Academy 2605 CaHsbad Boulevard CaHsbad, CA Tuesday, November 12, 2013 - 9:00 a.m. to 11:00 a.m. CaHsbad City Council Meeting Faraday Administration Center 1635 Faraday Avenue CaHsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting of November 5, 2013 was adjourned at 11:37 p.m. BARBARA ENGLESON City Clerk DONNA HERATY Deputy City Clerk