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Home My WebLink About2014-09-09; City Council; MinutesMINUTES MEETING OF: CITY OF CARLSBAD CiTY COUNCIL (Regular Meeting) DATE OF MEETING: September 9, 2014 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: 6:00 p.m. ROLL CALL: Hall, Packard, Wood, Schumacher, Blackburn. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Packard led the Pledge of Allegiance. APPROVAL OF MINUTES: Motion by Mayor Pro Tem Packard, seconded by Council Member Blackburn to approve minutes, motion carried unanimously. Minutes ofthe Regular Meeting held August 19, 2014. PRESENTATION: Mayor Hall introduced Wanda Prosser and Linda Ramos, Regents ofthe Santa Margarita Chapter, Daughters of the American Revolution, and presented a proclamation in recognition of Constitution Week September 17 - 23, 2014. Mayor Pro Tem Packard introduced Heather Pizzuto, Library & Cultural Arts Director, Carrie Scott, Literacy Coordinator and Nyla Henry, an adult learner, and presented a proclamation in recognition of Library Literacy Services. Mayor Hall invited Joni Miringoff and Amy Burkman, representatives of ArtSpiash to the podium in which they announced the community arts festival ArtSpiash, to be held September 27 - 28, 2014. Amy Burkman created a sample painting. PUBUC REPORT OF ANY ACTION TAKEN iN CLOSED SESSION: Mayor Hall stated the action taken at Closed Session. The City Council Members voted unanimously to appeal the Superior Court decision in City of El Centro, et al. v David Lanier, et al; denying the writ of mandate challenging SB 7. SB 7 is state legislation that impairs the right of Charter Cities to exercise "Home Rule" authority as authorized under the California Constitution. The law, if allowed to stand, erodes charter city authority. CONSENT CALENDAR: Motion by Mayor Pro Tem Packard and seconded by Council Member Blackburn to approve items 1-9, motion carried unanimously. September 9, 2014 Carlsbad City Council Regular Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading ofthe text of all ordinances and resolutions at this meeting. 1. AB #21,723 - Adopted Resolution No. 2014-215, approving a new City Council policy regarding litigation holds. 2. AB #21,724 - Accepted the City Investment Report as of July 31, 2014. 3. AB #21,725 - Adopted Resolution No. 2014-216, accepting the bid of $997,792 and awarding the contract to American Asphalt South for Construction ofthe 2014 Slurry Seal Project No. 6001-14SS. 4. AB #21,726 - Adopted Resolution No. 2014-217, authorizing the expenditure of $451,175.40 from the Fleet Replacement Fund to purchase from Plumbers Depot Inc. a replacement Wastewater Combination Pumping Truck. ITEM CONTINUED FROM AUGUST26 CITY COUNCIL MEETING 5. AB #21,727 - Adopted Resolution No. 2014-214, approving agreements with Tyler Technologies, Inc. for professional services and product and service maintenance associated with an integrated community development system for the purpose of modernizing and enhancing land management and licensing processes for an initial investment of $1,061,740. 6. AB #21,728 - Adopted Resolution No. 2014-218, authorizing the settlement of the Workers' Compensation claim of Kevin Lynds for $59,110 from the Workers' Compensation Self- Insurance Fund. 7. AB #21,729 - Adopted Resolution No. 2014-219, accepting an Irrevocable Offer to Dedicate Real Property Document No. 84-384022; and approval of Resolution No. 2014-220, approving a Street Tree Maintenance Agreement with Lennar Homes of California, Inc. for Tabata 10, Project No. CT. 06-13, generally located at 2311 Camino Hills Drive. 8. AB #21,730 - Adopted Resolution No. 2014-221, approving Amendment No. 5 to the professional services agreement with Michael Elliott Landscape Architect (MELA) for plan review services to increase the not-to-exceed amount from $95,000 to $150,000. 9. AB #21,731 - Adopted Resolution No. 2014-222, accepting the contract with I. O. Environmental and Infrastructure, Inc. for the construction of the Lake Calavera Trails Boardwalk and Wetland Mitigation, Project No. 3866, as complete, and directing the City Clerk to record the Notice of Completion in accordance with state law and city ordinances. ORDINANCE FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: None. PUBUC COMMENT: Hilare Morales spoke on the mosquito problem at Batiquitos Lagoon and was referred to staff. September 9, 2014 Carlsbad City Council Regular Meeting Page 3 PUBUC HEARING: 10. AB #21,732 - Introduced Ordinance No. CS-261, approving an amendment (ZCA 11- 03(A)/LPCA 11-04(A)) to the City's Sign Ordnance to accept the California Coastal Commission's suggested modifications. City Manager Sarkozy introduced the item and Principal Planner Chris DeCerbo provided a PowerPoint Presentation. No public speakers. Mayor Hall opened the public hearing at 6:34 p.m. and closed the public hearing at 6:35 p.m. City Attorney Brewer read the ordinance by title only. ACTION: Motion by Mayor Pro Tem Packard and seconded by Council Member Blackburn, motion carried unanimously to hold first reading of Ordinance No. CS-261 by title only, and scheduled the second reading and adoption of ordinance for a future meeting. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #21,733 - Receive a presentation from Dover, Kohl & Partners regarding the Village and Barrio Plan. Mayor Hall and Mayor Pro Tem Packard left the dais as they own property in the project area at 6:35 p.m. Council Member Blackburn was asked to facilitate the meeting in their absence. City Manager Sarkozy introduced Senior Planner Scott Donnell and Principal of Dover, Kohl & Partners Jason King who provided a PowerPoint Presentation. ACTION: Received presentation. Mayor Hall and Mayor Pro Tem Packard returned to the dais at 6:45 p.m. 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. September 9, 2014 Carlsbad City Council Regular Meeting Page 4 ANNOUNCEMENTS: Wednesday, September 10,2014 - 5:30 p.m. City ofCarlsbad Roundabout Ribbon Cutting Maxton Brown Park Corner of Laguna Drive and State Street Carlsbad, CA Sunday, September 14,2014 -11:00 a.m. - 5:00 p.m. Fiesta del Barrio & City ofCarlsbad Neighborhood Celebration Pine Ave. Community Park 3333 Harding Street Carlsbad, CA Tuesday, September 16,2014 - 9:00 a.m. -11:00 a.m. Carlsbad CityCouncil Meeting-Special Closed Session Faraday Administration Center 1635 FaradayAvenue Carlsbad, CA Thursday, September 18, 2014 - 5:00 p.m. City of Carlsbad Citizens Academy 1200 Carlsbad Village Drive Carlsbad, CA Saturday, September 20, 2014 -11:00 a.m. Fire Department Appreciation Day Ceremony Legoland California One Legoland Drive Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 6:52 p.m. Shelley Collins, CP Assistant City Clerii September 9, 2014 Carlsbad City Council Regular Meeting Page 5 In accordance with Carlsbad Municipal Code (CMC) Section 20.20.20, notice was hereby given that the City Engineer has reviewed and, immediately following this City Council Meeting of September 9.2014 approved the following final map(s): Carlsbad Tract (CT) 06-13, Tabata 10, generally tocated at 2311 Camino Hills Drive. Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially conforms to the approved tentative map, and approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 10 calendar days from the date ofthe City Engineer's actton. The appeal shall specifically state the reason(s) for the appeal; see CMC Section 20.20.165 and 21.54,150.