HomeMy WebLinkAbout2013-11-19; City Council; Minutes (3)MINUTES
MEETING OF: CITY OF CARLSBAD CITY COUNCIL
(Regular Meeting)
DATE OF MEETING: November 19, 2013
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, Packard, Wood, Blackburn, Douglas.
Absent: None.
LEGISLATIVE INVOCATION:
Pastor Dwayne Edwards from Las Flores Church ofthe Nazarene gave the legislative invocation.
PLEDGE OF ALLEGIANCE:
Council Member Wood led the pledge of allegiance.
PRESENTATION:
Presentation of proclamation in recognition of Engineering Manager Bill Plummer's retirement.
Mayor Pro Tem Packard presented Mr. Plummer with a proclamation recognizing his years of service to
the city.
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 November 19, 2013, and reported that Council took no final action. Final action, when
taken, will be reported out at a subsequent meeting.
CONSENT CALENDAR:
Mayor Hall announced that Item No. 6 would be continued to a meeting date to be determined.
ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action ofthe
Consent Calendar, Items #1 through #4 as follows:
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action of
Consent Calendar Item #5 as follows:
AYES: Wood, Blackburn, Douglas.
NOES: Hall, Packard.
November 19, 2013 Carlsbad City Council Regular Meeting Page 2
WAIVER QF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #21.423 - APPROVE THE SCHEDULE OF THE CITY COUNCIL'S REGULAR MEETINGS FOR CALENDAR
YEAR 2014.
Council adopted RESOLUTION NO. 2013-264. approving the schedule of dates and locations of
regular meetings ofthe City Council for calendar year 2014.
2. AB #21.424 - APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD UNIFIED
SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM.
Council adopted RESOLUTION NO. 2013-265. approving the 2013-14 Memorandum of
Understanding (MOU) for the School Resource Officer with the CaHsbad Unified School District;
and, authorizing the Mayor to execute the MOU.
3- AB #21.425 - APPROVE THE CITY'S INVESTMENT POLICY DATED NOVEMBER 19. 2013.
Council adopted RESOLUTION NO. 2013-266. approving the November 19, 2013 Investment Policy
for the City of Carlsbad, superseding the Investment Policy dated August 28, 2012.
4. AB #21.426 - APPROVE THE RENEWAL OF THE MICROSOFT ENTERPRISE AGREEMENT AND PURCHASE
OF MICROSOFT SOFTWARE WITH ENPOINTE TECHNOLOGIES SALES. INC.
Council adopted RESOLUTION NO. 2013-267. approving the renewal ofthe Microsoft Enterprise
Agreement and purchase of Microsoft software with Enpointe Technologies Sales, Inc.; and,
authorizing the City Manager to execute all required documents.
5. AB #21.427 - APPROVE AMENDMENT TO ARTICLE 44 OF THE 2013-14 MEMORANDUM OF
UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION.
Council adopted RESOLUTION NO. 2013-268. approving an amendment to Article 44 - Layoff of
the 2013-14 Memorandum of Understanding with the CaHsbad City Employees' Association.
6. AB #21.428 - APPROVE CITY COUNCIL POLICY NO. 79 ADDRESSING CORPORATE MARKETING
PARTNERSHIPS.
Council concurred to continue this item to a meeting date to be determined.
ORDINANCES FOR INTRODUCTION:
7. AB #21.429 - REPEAL EXISTING CHAPTER 5.16 AND ENACT NEW CHAPTER 5.16 OF THE CARLSBAD
MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGE SERVICES.
Lieutenant Matt Magro 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-234. repealing existing Chapter 5.16 and enacting new Chapter 5.16 ofthe
CaHsbad Municipal Code regarding the regulation of massage services.
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
November 19, 2013 Carlsbad City Council Regular Meeting Page 3
8- AB #21.430 - AMEND TITLE 7 OF THE CARLSBAD MUNICIPAL CODE REPEALING CHAPTER 7.16
PROHIBITING THE RETAIL SALE OF DOGS AND CATS.
Gail Hurst of Carlsbad came forward in opposition to retail pet stores selling puppies.
David Brahams, CaHsbad, spoke in support of repealing the Ordinance.
City Attorney Celia Brewer titled the Ordinance.
ACTION; On a motion by Council Member Douglas, Council introduced ORDINANCE NO.
CS-235. amending Title 7 of the CaHsbad Municipal Code, repealing Chapter
7.16 in its entirety that prohibits the sale of dogs and cats in retail pet stores.
AYES; Hall, Packard, Douglas.
NOES; Wood, Blackburn.
ORDINANCE FOR ADOPTION:
9. AB #21,431 - ADOPTION OF ORDINANCE TO DECREASE SPEED LIMIT UPON AVENIDA ENCINAS.
CAMINO DE LAS ONDAS. HIDDEN VALLEY ROAD. LOKER AVENUE WEST AND LOKER AVENUE EAST.
City Attorney Celia Brewer titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Packard, Council adopted ORDINANCE NO.
CS-233. approving an amendment to Title 10, Chapter 10.44, of the Carlsbad
Municipal Code by revising sections 10.44.280-Avenida Encinas, 10.44.250
Camino de las Ondas, 10.44.570 - Hidden Valley Road, 10.44.460 - Loker Avenue
West and 10.44.470 - Loker Avenue East, to reduce speed limits.
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
PUBUC COMMENT;
Laurie Boone, Carlsbad, spoke in opposition to the recent approval of digital billboard signage for Car
Country and the Westfield Mall and asked Council to revisit and reconsider this item.
Walt Meier, Carlsbad, came forward and spoke in opposition to the expansion ofthe airport asked Council
to stop the expansion.
PUBUC HEARINGS;
10. AB #21.432 - REPEAL ORDINANCE TO RESCIND A SPECIAL USE PERMIT FOR THE WOMAN'S CLUB OF
CARLSBAD AT 3320 MONROE STREET
Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in the Office of the
City Clerk).
November 19, 2013 Carlsbad City Council Regular Meeting Page 4
Mayor Hall opened the duly noticed Public Hearing at 6:42 p.m.
Seeing no one wished to speak. Mayor Hall closed the Public Hearing at 6:42 p.m.
City Attorney Celia Brewer titled the Ordinance.
ACTION; On a motion by Mayor Pro Tem Packard, Council introduced ORDINANCE NO.
CS-236. repealing Ordinance No. 9117, to rescind a Special Use Permit for the
Woman's Club of CaHsbad on property located at 3320 Monroe Street, CUP 8(A).
AYES; Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
11. AB #21.433 - APPROVE DEMOLITION OF EXISTING COOLER AREA AND ADDING ADDITIONAL SQUARE
FOOTAGE FOR A NEW COOLER AREA AND RECEIVING AREA TO THE COSTCO BUILDING. 951 PALOMAR
AIRPORT ROAD.
Senior Planner Christer Westman gave the staff report and PowerPoint presentation (on file in the Office
ofthe City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 6:45 p.m.
Seeing no one wished to speak. Mayor Hall closed the Public hearing at 6:45 p.m.
ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO.
2013-270. approving a Conditional Use Permit (CUP 90-03(D)), an amendment to
the Site Development Plan (SDP 90-05(H)), and a Coastal Development Permit
(CDP 13-05) to demolish the existing cooler area, and adding additional square
footage for a new cooler area and receiving area to the Costco building at 951
Palomar Airport Road.
AYES; Hall, Packard, Wood, Blackburn, Douglas.
NOES; None.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND CARLSBAD
MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS.
Mayor Hall adjourned to the Joint Special Meeting ofthe CaHsbad City Council and CaHsbad Municipal
Water District Board of Directors at 6:46 p.m. with five Council Members present.
RECONVENE:
Mayor Hall reconvened the Carlsbad City Council meeting at 6:48 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS;
14. AB #21.435 - CARLSBAD DESALINATION PROJECT UPDATE.
Poseidon Resources Community Outreach Manager Jessica Jones gave Council a PowerPoint presentation
providing an update on the construction ofthe project (on file in the Office ofthe City Clerk).
November 19, 2013 Carlsbad City Council Regular Meeting Page 5
San Diego County Deputy General Manager Frank Belock also presented Council with a PowerPoint
presentation, and reviewed the construction timeline on Avenida Encinas west of Interstate 5.
15. AB #21.436 - PRESENTATION REGARDING THE VILLAGE REVITALIZATION INITIATIVE FROM URBAN
PLACE CONSULTING GROUP.
Mayor Hall and Mayor Pro Tem Packard recused themselves from the meeting due to a potential conflict
of interest and left the dais at 6:58 p.m.
Steve Gibson, President of Urban Plan Consulting Group, and Project Manager Ashley Westman, gave the
PowerPoint presentation (on file in the Office ofthe City Clerk).
In response to an inquiry from Council Member Douglas, Mr. Gibson replied that the steering committee
of approximately 24 people, is comprised of residents and business owners.
In response to an inquiry from Council Member Douglas, Mr. Gibson explained that the proposed
property-based business improvement district (PBID) includes all of the property that faces Carlsbad
Village Drive, Grand Avenue, State Street, and portions of Carlsbad Boulevard and Roosevelt Street. He
added that the focus ofthe district is on the core ofthe village and includes 247 parcels and 204 property
owners. Mr. Gibson also provided a brief explanation of the process involved to establish the PBID.
Council Member Blackburn inquired about tree lighting in the village.
Ms. Westman responded that the city's transportation department and the Carisbad Village Association
are working on lighting additional trees, but at this time, the focus is on holiday lighting in the village.
Mayor Hall and Mayor Pro Tem Packard returned to the meeting and dais at 7:21 p.m.
16. AB #21.437 - APPEAL OF BUSINESS LICENSE REQUIREMENT BY FINANCIAL DATA SOLUTIONS.
Finance Manager Colette Wengenroth gave the staff report and PowerPoint presentation (on file in the
Office ofthe City Clerk).
In response to an inquiry from Mayor Hall, City Attorney Brewer explained that there is an existing law in
the City and if Council can find that one of the exemptions listed in the law applies to this matter. Council
can grant an exemption.
John Gill, President of Financial Data Solutions, explained that his company, while home-based is a virtual
company that has no product, no public interaction, and no impact on city services.
In response to an inquiry from Mayor Pro Tem Packard, Mr. Gill responded that the city's ordinance does
not discern between a brick and motor business and virtual business; that the city does not have to
regulate his business.
Council Member Blackburn asked if there was a way the ordinance could be reviewed to ensure that the
city is keeping up with today's virtual business technology for the future.
November 19, 2013 Carlsbad City Council Regular Meeting Page 6
ACTION; On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO.
2013-272. denying the appeal by Financial Data Solutions regarding the city's
requirement to obtain a business license; and, denying a reduction in required
business license fees.
AYES; Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
17. AB #21.438 - PUBUC ARTWORK CONCEPT DESIGN FOR FIRE STATION NO. 3.
Cultural Arts Manager Vincent Kitch gave the staff report and PowerPoint presentation (on file in the
Office ofthe City Clerk).
ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO.
2013-273. approving the public artwork concept design by artist Betsy Schuiz for
Fire Station No. 3.
AYES; Hall, Packard, Wood, Blackburn, Douglas.
NOES; None.
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; None.
ADJOURNMENT;
By proper motion, the Regular Meeting of November 19, 2013 was adjourned at 7:58 p.m.
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BARBARA ENGLESON ^
City Clerk