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HomeMy WebLinkAbout2012-11-27; City Council; Minutes (2)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 27, 2012 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California 92008 CALL TO ORDER: Mayor Hall called the meefing to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. Absent: None. PRESENTATIONS: Council Member Blackburn presented a proclamation to Captain Skip Clark in recognition of the Fire Explorer Program and the graduating class of 2012. The Explorers presented a trophy of appreciation to Captain Clark. Mayor Hall presented a retirement proclamation and memento for 32 years of public sen/ice to Mayor Pro Tem Ann Kulchin. Council Members Packard, Blackburn and Douglas also spoke regarding Mayor Pro Tem Kulchin's service and refirement. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Mayor Hall announced that the City Council met in closed session at 3:00 p.m. on November 27, 2012, to discuss three items: The first item was a discussion of City Attorney candidates. The second and third items discussed were regarding evaluations of the Interim City Manager and the City Attorney. The City Council directed the City Attorney in ways it felt was in the best interest of the City and its citizens but took no final action. Final action, when taken, will be reported out at a subsequent meefing. CONSENT CALENDAR : Item Nos. 7 and 8 were pulled for discussion. ACTION: On a mofion by Mayor Pro Tem Kulchin, Council affirmed the acfion of Consent Calendar Item #1 through #6, and Item #9 as follows: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meefing. November 27, 2012 Carisbad City Council Meefing Page 2 1. AB #21.046 - ACCEPTANCE OF GRANT FUNDED EQUIPMENT. Council adopted RESOLUTION NO. 2012-249. authorizing the acceptance of grant funded equipment for emergency preparedness from the FY 2009 Urban Area Security Initiative Grant Program. 2. AB #21.047 - NOTICE OF COMPLETION ~ PROJECT NO. 5507-1. Council adopted RESOLUTION NO. 2012-250, accepting the demolifion of the Calavera Hills Wastewater Treatment Plant Demolifion, Project No. 5507-1 as complete; and, directing the recordation of a Notice of Completion and release of bonds in accordance with State Law and City of Cartsbad Ordinances. 3. AB #21.048 - APPROVAL OF AGREEMENT - PROJECT NO. 6014. Council adopted RESOLUTION NO. 2012-251. approving an agreement with Simon Wong Engineehng to provide professional services for the preliminary design of railing improvements to the bndge above the Encinas Discharge Channel, Project No. 6014. 4. AB # 21.049 - ADVERTISE FOR BIDS - PROJECT NO. 6034. Council adopted RESOLUTION NO. 2012-252. authorizing the City Clerk to advertise for bids for the construcfion of the Palomar Airport Road at Melrose Drive Improvements, Project No. 6034. 5. AB # 21.050 - PURCHASE OF CREDITS - PROJECT NO. CT 05-12. Council adopted RESOLUTION NO. 2012-253. approving the request by Zephyr Partners, for Zephyr Ocean Street Investors LLC, to purchase seven affordable housing credits in the Roosevelt Gardens Affordable Housing Project, in order to satisfy the affordable housing obligation of the Ocean Street Condominium/Subdivision Project. 6. AB #21.051 - SUMMARY VACATION OF EASEMENT - PROJECT NO. STV 12-02. Council adopted RESOLUTION NO. 2012-254. summarily vacating a drainage easement generally located at 7547 Gibraltar Street, Project STV 12-02. 7. AB #21.052 - DENIAL OF APPEAL - CUP 12-02. This item was pulled for discussion. 8. AB #21.053 - MANAGEMENT PERFORMANCE AND COMPENSATION PLAN. This item was pulled for discussion. 9. AB#21.054 - TERMINATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2012-258. declaring the termination of a local emergency to repair the North Batiquitos Sewer Lift Station Force Main. November 27, 2012 Carisbad City Council Meefing Page 3 DISCUSSION OF CONSENT CALENDAR ITEMS: 7. AB #21.052 - DENIAL OF APPEAL - CUP 12-02. Council Member Blackburn requested that the resolufion include the wording "without prejudice" ACTION: On a minute motion by Council Member Blackburn, Council adopted RESOLUTION NO. 2012-255. as amended to include the wording "without prejudice", denying the appeal of the Planning Commission decision to deny the Condifional Use Permit (CUP 12-12), to provide a 965 square foot retail use within an exisfing building providing an on-line gift store business on property located at 2717 Loker Avenue West, Suite B. AYES: Council Members Hall, Kulchin, Blackburn and Douglas. NOES: Council Member Packard. 8. AB #21.053 - MANAGEMENT PERFORMANCE AND COMPENSATION PLAN. Glenn Bernard, Cartsbad, came forward to address Council regarding government wages and benefits, unions and contracting out city services. ACTION: On a mofion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-256. amending the Management Salary Structure, establishing a base pay matrix to provide for base pay increases for eligible management employees, increasing health benefit credits, decreasing the CalPERS employer paid member contnbufion, eliminating the floafing holiday and revising the Management Compensafion and Benefits Plan to reflect current practice. AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ACTION: On a mofion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-257. amending the City's CalPERS employer paid member contribution (EPMC) for unrepresented management employees, elected officials and appointed officials. AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. November 27, 2012 Carisbad City Council Meefing Page 4 ORDINANCE FOR INTRODUCTION: 10. AB #21,055 - 2013 CITY COUNCIL REGULAR MEETING SCHEDULE. City Attorney Ron Ball explained and tified the ordinance. ACTION: On a mofion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-195. amending Chapter 1.20 of the Carlsbad Municipal Code regarding regular meefings. AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ACTION: On a mofion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-259. establishing a schedule of date and locafion for regular meefings of the City Council for calendar year 2013. AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ORDINANCE FOR ADOPTION: 11. AB #21.056 - CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT. City Attorney Ron Ball titled the ordinance. ACTION: AYES: NOES: ACTION: AYES: NOES: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-194. enacfing Chapter 3.38 of the Cartsbad Municipal Code establishing the Cartsbad Golf Lodging Business Improvement District (CGLBID), fixing the boundaries thereof, providing for the levy of a business assessment to be paid by hotel businesses in such district and establishing an advisory board. Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. On a mofion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-260. appoinfing the advisory board for the Cartsbad Golf Lodging Business Improvement District as follows: Tim Stripe (2 year initial term) Gary Glaser (4 year inifial term) Mark Sfiebeling (4 year inifial term) Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. November 27, 2012 Carisbad City Council Meefing Page 5 PUBLIC COMMENT: Gary Fletcher, Cartsbad, came forward to address Council regarding the Taravua Senior Apartments construcfion, parking, noise and damaged portions of the fence between the apartments and his adjoining properties. Debra Fletcher, Cartsbad, came fon/vard to address Council regarding the construction of Taravua Senior Apartments, its effect on the adjoining properties she co-owns, and requesfing a taller fence/sound barrier between the properties. Jim Creeden, Cartsbad, came fonA/ard to address Council regarding PVC pipe gas lines which sfill remain in some Cartsbad properties. Patricia McFartane, Oceanside, came forward to address Council regarding the traffic impact of future development. Renee Glotzbach, San Marcos, came forward to address Council regarding gangs, and requesting the prohibition of alcohol consumption in public parks and spaces. PUBLIC HEARINGS: Mayor Hall and Council Member Packard recused themselves from the meeting due to a potential conflict of interest and left the dais at 7:04 p.m. 12. AB #21,057 - 2005-2010 HOUSING ELEMENT - MINIMUM DENSITITES - MP12-01/LCPA 95-10(0. Senior Planner Scott Donnell gave the staff report and Power Point presentafion, on file in the office of the City Clerk. Mayor Pro Tem Kulchin opened the duly noficed public hearing at 7:09 p.m. Seeing no-one wished to speak. Mayor Pro Tem Kulchin closed the public hearing at 7:09 p.m. ACTION: On a mofion by Council Member Blackburn, Council adopted RESOLUTION NO. 2012-261, approving amendments to the text of the Village Master Plan and Design Manual and Local Coastal Program to implement part of Program 2.1 (Adequate Sites) of the 2005-2010 Housing Element by increasing the minimum densities of all land use districts identified in the Village Master Plan and Design Manual. AYES: Council Members Kulchin, Blackburn and Douglas. NOES: None. ABSENT: Council Members Hall and Packard. Mayor Hall and Council Member Packard retumed to the dais at 7:10 p.m. November 27, 2012 Carisbad City Council Meefing Page 6 13. AB #21,060 - REASONABLE ACCOMMODATIONS. Senior Planner Scott Donnell gave the staff report and Power Point presentafion, on file in the office of the City Clerk. Mayor Hall opened the duly noficed public hearing at 7:12 p.m. Seeing no-one wished to speak, Mayor Hall closed the public hearing at 7:12 p.m. City Attorney Ron Ball titled the ordinance. ACTION: On a motion by Council Member Blackburn, Council introduced ORDINANCE NO. CS-196. amending secfions of recenfiy added and enacted Zoning Ordinance Chapter 21.87, Reasonable Accommodafion, and thereby accepfing and administering the California Coastal Commission's suggested modifications to LCPA 10-05. AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. 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 of the Cartsbad City Council at 7:13 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the City Council Meeting at 8:35 p.m. with five members present. PUBLIC COMMENT: (CONTINUED) Michael Haslam, Cartsbad, came forward to address Council regarding the number of homes being built in the Quarry Creek area. Susan Rehling, Cartsbad, came forward to invite Council and the public to the Baha'i Celebration on November 30, 2012. 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. November 27, 2012 Carisbad City Council Meefing Page 7 ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, November 29, 2012 - 5:30 p.m. Tribute event for Mayor Pro Tem Kulchin City of Cartsbad and Carisbad Chamber of Commerce Sheraton Carisbad Resort and Spa 5480 Grand Pacific Drive Cartsbad, California Friday, November 30, 2012 - 6:00 p.m. Holiday Social Celebration Cartsbad Parks and Recreation Commission Leo Carnllo Ranch 6200 Flying LC Lane Cartsbad, California Saturday, December 1, 2012 - 5:00 p.m. to 8:00 p.m. Holiday at the Rancho Cartsbad Parks and Recreation Department Leo Carrillo Ranch 6200 Flying LC Lane Cartsbad, California Sunday, December 2, 2012 - 4:30 p.m. Tree Lighting Ceremony Cartsbad Village, Cartsbad, California ADJOURNMENT: By proper mofion, the Regular Meefing of November 27, 2012 was adjourned at 8:50 p.m. LORRAINE M. WOOD, CMC City Olerk DONNA HERATY Deputy City Clerk