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Home My WebLink About2013-10-08; City Council; Minutes (2)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 8, 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 6:00p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: Council Members Hall, Wood, Blackburn, Douglas. Council Member Packard. PLEDGE OF ALLEGIANCE: Council Member Blackburn led the pledge of allegiance. APPROVAL OF MINUTES: On a motion by Council Member Blackburn, the minutes of the following meetings were unanimously approved as presented. Minutes of the Joint Special Meetings held September 24, 2013. Minutes of the Regular Meeting held September 24, 2013. PRESENTATIONS: Presentation of a proclamation in recognition of Rideshare 2013 and Walk and Bike to School Day. Council Member Wood presented a proclamation recognizing Rideshare Week 2013 and Walk and Bike to School Day to Skip Hammann, Public Works Director. Presentation of a proclamation in recognition of Public Safety Month. Council Member Blackburn presented a proclamation recognizing Public Safety Month to Fire Division Chief Mike Davis and Police Captain Neil Gallucci. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced that Council heard the matters presented during the Special Meeting held October 8, 2013, but took no final action. Final action, when taken, will be reported out at a subsequent meeting. October 8, 2013 Carlsbad City Council Regular Meeting Page 2 CONSENT CALENDAR: Item No. 6 was pulled for discussion. ACTION: On a motion by Council Member Blackburn, Council affirmed the action of the Consent Calendar, Items #1 through #5, #7 and #8 as follows: AVES: NOES: ABSENT: Hall, Wood, Blackburn, Douglas. None. Packard. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #21,385-APPROVE THE FINAL MAP FOR CT 12-05, LA COSTA RESIDENTIAL, GENERAllY LOCATED ON THE NORTHWEST CORNER OF PASEO LUPINO AND RANCHO SANTA FE ROAD INTERSECTION. Council adopted RESOLUTION NO. 2013-239, approving the final map for CT 12-05, La Costa Residential; and, authorizing the City Clerk to sign the Certificate of Acceptance and release the final map for recording in the office ofthe County Recorder. 2. AB #21,386-APPROVE THE FINAL MAP FOR CT 09-04, LANIKAILANE, GENERAllY LOCATED AT 6550 PONTO DRIVE. Council adopted RESOLUTION NO. 2013-240, approving the final map for CT 09-04, lanikai lane; and, authorizing the City Clerk to sign the Certificate of Acceptance and release the final map for recording in the office of the County Recorder. 3. AB #21,387-APPROVE A REQUEST TO PURCHASE ONE AFFORDABLE HOUSING CREDIT IN THE CASSIA HEIGHTS PROJECT, CT 11-02. Council adopted RESOLUTION NO. 2013-241, approving the request by D.S. Products, Inc. to purchase one Affordable Housing Credit in the Cassia Heights Project in order to satisfy the inclusionary housing requirements of the La Costa Vista Condominium Project, CT 11-02. 4. AB #21,388-ACCEPT BIDS AND AWARD CONTRACT FOR THE LAKE CALAVERA TRAILS BOARDWALK AND WETLAND RESTORATION, PROJECT NO. 38661. Council adopted RESOLUTION NO. 2013-242, accepting bids and awarding the contract to 1.0. Environmental and Infrastructure, Inc. for the lake Calavera Trails Boardwalk and Wetland Restoration, Project No. 38661; and, authorizing the Mayor to execute the contract. October 8, 2013 Carlsbad City Council Regular Meeting Page 3 5. AB #21,389-APPROVE THE PURCHASE OF REPLACEMENT APPLICATION FIREWALL/LOAD BALANCER DEVICES FOR THE CITY TECHNOLOGY NETWORK. Council adopted RESOLUTION NO. 2013-243, approving the purchase of replacement application firewall/load balancer devices for the City technology network, pursuant to National Joint Powers Alliance (NJPA) contract with COW Government, Inc.; and, authorizing the Mayor to execute all required documents and purchase orders. 7. AB #21,391-ACCEPT FEDERAL GRANT FUNDS THROUGH THE FISCAL YEAR 2011 URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM. Council adopted RESOLUTION NO. 2013-245, accepting federal grant funds through the Fiscal Year 2011 Urban Area Security Initiative (UASI) Grant Program for police equipment; and, authorizing the Administrative Services Director to appropriate the funds to the Public Safety Grants Special Revenue Fund. 8. AB #21,392-ACCEPT A GRANT FROM THE SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION. Council adopted RESOLUTION NO. 2013-246, accepting a grant from the San Diego County Law Enforcement Foundation to purchase lifesaving equipment for use by the Carlsbad Police Department; and, authorizing the Administrative Services Director to appropriate the funds to the General Fund. DISCUSSION OF CONSENT CALENDAR ITEM: 6. AB #21,390-ACCEPT FEDERAL STATE HOMELAND SECURITY GRANT PROGRAM FUNDS TO ENHANCE POLICE AND EMERGENCY PREPAREDNESS. Police Lieutenant Magro responded to questions from Council Member Douglas regarding the functions and features of the Avatar Tactical Micro Robot that is proposed for purchase. ACTION: AYES: NOES: ABSENT: On a motion by Council Member Blackburn, Council adopted RESOLUTION NO. 2013-244. accepting Federal State Homeland Security Grant Program funds to enhance police and emergency preparedness programs; and, authorizing the Administrative Services Director to appropriate the funds to the Police Department's grant special revenue fund. Hall, Wood, Blackburn, Douglas. None. Packard. October 8, 2013 Carlsbad City Council Regular Meeting PageS 11. AB #21,395 -INTRODUCE AND ADOPT URGENCY ORDINANCE, AND INTRODUCE ORDINANCE PROHIBITING THE RETAIL SALE OF DOGS AND CATS. Management Analyst Fiona Everett gave the staff report and PowerPoint presentation (on file in the office of the City Clerk). Harold Holmes, Deputy Director of San Diego County Animal Services, was in attendance to answer questions from Council. The following people spoke in opposition to this item: Cathy Kelly, Carlsbad John Fowler, San Marcos Sheila Fowler, San Marcos Dr. Kay Henderson, American Kennel Club, National Animal Interest Alliance, Del Sur Kennel Club and Bahia Sur Kennel Club The following people spoke in favor of this item and requested Council to either include restrictions to, or further investigate, the existing pet store: Dale Kubacki, Carlsbad Zola Muhammad, representing San Diego County Animal Defense Team Janice Hatch, representing San Diego County Animal Defense Team Cheri Joseph, representing San Diego County Animal Defense Team Sophie Blake, Carlsbad High School The following people spoke in favor of this item - Misty Oliver, Carlsbad Jean Jacobelly, San Diego Liz Jacobelly, San Diego Mr. Holmes responded to questions from Council Member Douglas regarding any violations by California Pets. He stated there had been service calls to that location but that there was no record of any violations that required action. Other topics of discussion were the ownership of California Pets, U.S. Department of Agriculture breeder definitions and regulations, licensing, and enforcement of humane standards of care. Council Member Blackburn stated that California Pets was very cooperative and had made compromises including allowing inspection of their premises and records, agreeing not to expand or relocate the business, holding adoption events and allocating space to display rescue animals. Mr. Blackburn stated that California Pets was not a franchise. Its owners are located out of state and that they own two stores, one in Carlsbad and one in Escondido. City Attorney Celia Brewer stated that if the urgency ordinance is passed, it will become effective immediately, and that the regular ordinance is identical to the urgency ordinance. She also stated that the urgency ordinance can be amended or rescinded in the future. October 8, 2013 Carlsbad City Council Regular Meeting Page 6 Council concurred to consider the urgency ordinance but to take no action on the regular ordinance, pending further research by staff. Mayor Hall stated that his vote reflects his belief that this issue should be dealt with through existing Federal Government laws and regulations. He stated that he is in favor of abolishing puppy mills and kitten factories, but eliminating a type of business because it is not being properly regulated is not the correct path for the City. City Attorney Celia Brewer titled the Urgency Ordinance. ACTION: AYES: NOES: ABSENT: RECESS: On a motion by Council Member Blackburn, Council adopted URGENCY ORDINANCE NO. CS-231, amending the Carlsbad Municipal Code, Title 7, with the addition of Chapter 7.16, prohibiting the sale of dogs and cats in retail pet stores. Wood, Blackburn, Douglas. Hall. Packard. Mayor Hall declared a recess at 7:30 p.m. RECONVENE CITY COUNCIL MEETING: Mayor Hall reconvened the Council Meeting at 7:36 p.m. with four Council Members present. ADJOURNMENT TO THE SPECIAL MEETING OF THE CITY OF CARLSBAD MUNICIPAL WATER DISTRICT BOARD Mayor Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District Board at 7:36p.m. RECONVENE: Mayor Hall reconvened the Council Meeting at 7:37 p.m. with four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: Roy Hardy, Carlsbad, gave a citizen Powerpoint presentation which outlined his concerns regarding the las Flores Traffic Safety Report. October 8, 2013 Carlsbad City Council Regular Meeting Page 7 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 ATIORNEY COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, October 9, 2013 -10:00 a.m. La Posada Ribbon Cutting and Community Celebration New La Posada 2478 Impala Drive Carlsbad, California Tuesday, October 10, 2013 -10:00 a.m. Holiday Inn Express and Suites Ribbon Cutting Alps Group of Hotels Holiday Inn Express 751 Raintree Drive Carlsbad, California Saturday, October 12, 2013 -10:00 a.m. to 2:00p.m. City of Carlsbad Public Safety Open House Safety Training Center 5750 Orion Street Carlsbad, California Tuesday, October 15, 2013-9:00a.m. to 11:00 a.m. Carlsbad City Council Meeting Faraday Administration Center 1635 Faraday Avenue Carlsbad, California Tuesday, October 22, 2013-9:00 a.m. Carlsbad City Business Academy Faraday Administration Center 1635 Faraday Avenue Carlsbad, California October 8, 2013 Carlsbad City Council Regular Meeting Wednesday, October 23, 2013-4:00 p.m. to 6:00p.m. Captain Bill Rowland's Retirement Reception City of Carlsbad Safety Training Center 5750 Orion Street Carlsbad, California Thursday, October 24, 2013-5:00 p.m. to 7:30 p.m. City of Carlsbad Citizens' Academy Graduation 1200 Carlsbad Village Drive Carlsbad, California ADJOURNMENT: Page8 By proper motion, the Regular Meeting of October 8, 2013 was adjourned at 7:51 p.m. BARBARA ENGLESON City Clerk DONNA HERATY Deputy City Clerk