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2014-04-22; City Council; Agendas;
' THE CARLSBAD CITY COUNCIL LZ ~, U - WELCOMES YOUR PARTICIPATION .- ® a J APRIL 22, 2014 MEETING AGENDA ©Q € COUNCIL CHAMBER, 1200 CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA CITY COUNCIL U_ aw $o W U TO SPEAK TO COUNCIL AT TONIGHT'S MEETING: 1. For Public Hearings it is not necessary to fill out a "Speaker Card". For all other items, fill out a "Speaker Card". a. For items listed on the agenda (including Consent Calendar), there is a five (5) minute time limit on individual speakers. b. For items not listed on the agenda (Public Comment), there is a three (3) minute time limit on individual speakers. 2. Before the item is heard, place the card in the clear tray marked Speaker Slips. It is located on the wall adjacent to the Deputy City Clerk. 3. When called by the Mayor, come forward and begin by stating your name and address. OTHER INFORMATION: ➢ Citizens may have an item listed on a future agenda by submitting a letter to the City Manager. Unless the Mayor, with the consent of the Council, otherwise directs, such presentations shall be limited to ten (10) minutes. ➢ It is Council's policy to adjourn meetings no later than 10:00 P.M. ➢ Persons with a disability may request an agenda packet in appropriate alternative formats as required by the Americans with Disabilities Act of 1990 by contacting the City Manager's office at (760) 434-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Monday preceding the meeting. All persons requiring reasonable accommodations or auxiliary aids in order to effectively participate in the meeting may contact the City Manager's office by noon on the Monday preceding the meeting to make such arrangements. ➢ PLEASE NOTE: Written agenda related items provided to the City's legislative leaders after distribution of the packet will be available for inspection during normal business hours at the office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. All Agenda related items will also be available at each meeting of the City's legislative leaders — please see the City Clerk during public meetings. ➢ VISUAL MATERIALS FOR CITYCOUNCIL: Visual materials should be submitted to the City Manager's Office no later than noon on the day of a Regular Council Meeting. These materials will be placed on a computer in Council Chambers for public use. Please label all materials with the agenda item number you are representing. Please refer to the time limit maximum for items submitted for viewing. All presentations/digital materials are considered part of the maximum time limit provided to speakers. All materials exhibited to the Council during the meeting (slides, maps, etc.) are part of the public record and must be kept by the Clerk for 60 days after final Council action on the matter. Your materials will be returned upon written request. Video clips cannot be accommodated. ➢ MEETING DECORUM: Carlsbad Municipal Code sections 1.20.320 and 1.20.330 require members of the public to observe order and decorum at this meeting and to conduct themselves in a courteous manner. California Penal Code section 403 makes it a misdemeanor for any person to willfully disturb or break up any assembly or meeting with lawful authority. The Agenda and Agenda Bills are available on the City's website: www.carlsbadca.gov CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: 4-0-1 (Hall absent) Minutes of the Regular Meeting held March 25, 2014 Minutes of the Regular Meeting held April 8, 2014. PRESENTATIONS: Presentation of a proclamation in recognition of Arbor Week. Presentation of a proclamation in recognition of the Army & Navy Academy Corps of Cadets. Presentation of a proclamation in recognition of Celebrate Carlsbad Day. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. AB #21,569 — Approval of Resolution Nos. 2014-066 and 2014-067 authorizing the Mayor to enter into an agreement with Muniservices, LLC , and designate Muniservices, LLC as the authorized consultant to examine sales and use tax records of the state board of equalization pertaining to sales and use taxes collected on the City's behalf. ACTION: 4-1 (Hall absent) 2. AB #21,570 — Approval of Resolution No. 2014-068, authorizing the Mayor to execute the second amendment to the National Pollutant Discharge Elimination System San Diego Regional Storm Water Copermittees Memorandum of Understanding (NPDES Order No. R9- 2013-0001). ACTION: 4-1 (Hall absent) 3. AB #21,571— Approval of Resolution No. 2014-069, to approve the contract documents and specifications for the 2014 Concrete Replacement Project No. 6013-14 and authorize the City Clerk to advertise for bids. ACTION: 4-1 (Hall absent) 4. AB #21,572 — Approval of Resolution No. 2014-070, authorizing the appropriation of additional gas tax funds and approve an increase in the contingency for the construction of the Coastal Rail Trail Reach 1, Project No. 4012. ACTION: 4-1 (Hall absent) April 22, 2014 Page 2 5. AB #21,573 — Approval of Resolution No. 2014-071, accepting a portion of a previously rejected Irrevocable Offer of Dedication for Lemon Leaf Drive, PR 11-41, generally located at the west end of Lemon Leaf Drive; and, Approval of Resolution No. 2014-072, approving the vacation of a portion of slope and Landscape Maintenance Easement located generally north of Poinsettia Lane between Snapdragon and Crystalline Drives; and, Approval of Resolution No. 2014-073, approving the final map for Carlsbad Tract 06-15, Tabata Ranch, located generally east of Lonicera Street, west of Lemon Leaf Drive and north of Poinsettia Lane; and, Authorize the City Clerk to sign the Certificate of Acceptance and cause the Resolution Accepting the Irrevocable Offer of Dedication, the easement vacation, and the final map to be recorded in the Office of the San Diego County Recorder. ACTION: 4-1 (Hall absent) ORDINANCE FOR INTRODUCTION: 6. AB #21,574 — First reading and introduction by title only of Ordinance No. CS-250, repealing in its entirety Urgency Ordinance CS-170, which amended zoning ordinance chapter 21.36, public utility zone, and specifically section 21.36.020, permitted uses, regarding generation and transmission of electrical energy; and Approval of Resolution No. 2014-074, finding the requirement of City Council Resolution No. 98-145 to comprehensively update Specific Plan 144 is no longer necessary as the purpose of the requirement is fulfilled; and, Approval of Resolution No. 2014-075, accepting the transfer of all land use plans and functions of the former Carlsbad Redevelopment Agency, assume responsibility and authority for enforcement of said land use plans and functions, and finding that the CECP Amendment complies with the land use policies of the South Carlsbad Coastal Redevelopment Area Plan because the use is permitted by the General Plan and Zoning Ordinance and will serve an extraordinary public purpose based on the findings of the City Council. City Manager's Recommendation: Introduce Ordinance by title only, take public input, and schedule ordinance for second reading and adoption at a future meeting; and adopt Resolution Nos. 2014-074 and 2014-075. ACTION: 4-1 (Hall absent) April 22, 2014 Page 3 PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address. PUBLIC HEARINGS: 7. AB #21,575 —Approval of Resolution No. 2014-076, ordering the Fire Chief to abate nuisances by having weeds, rubbish, and refuse removed pursuant to the City of Carlsbad Weed Abatement Program, adopted March 25, 2014. City Manager's Recommendation: Take public input, close the public hearing and adopt resolution. ACTION: 4-1 (Hall absent) 8. AB #21,576 — Second reading and adoption of Ordinance No. CS-245, amending the Carlsbad Municipal Code, Title 18, Chapter 18.04 (Building Code); Chapter 18.08 (Mechanical Code); Chapter 18.12 (Electrical Code); Chapter 18.16 (Plumbing Code); Chapter 18.18 (Solar Energy Code); Chapter 18.20 (Residential Code); Chapter 18.21(Green Building Standards Code); and Chapter 18.30 (Energy Conservation Regulations) and Repealing Chapter 18.28 (Swimming Pool Enclosure and Use). City Manager's Recommendation: Introduce Ordinance by title only, take public input, close the public hearing and adopt Ordinance No. CS-245. ACTION: 4-1 (Hall absent) 9. AB #21,577 —Second reading and adoption of Ordinance No. CS-246, amending the Carlsbad Municipal Code, repealing existing Chapter 17.04 and adopting a new Chapter 17.04, Fire Prevention Code based on the 2013 California Fire Code. City Manager's Recommendation: Introduce Ordinance by title only, take public input, close the public hearing and adopt Ordinance No. CS-246. ACTION: 4-1 (Hall absent) April 22, 2014 Page 4 10. AB #21,578 — First reading and adoption of Urgency Ordinance No. CS-251, entitled, "An Ordinance of the City of Carlsbad, California extending Urgency Ordinance No. CS-217 for one year to prohibit mini -satellite wagering facilities within the City of Carlsbad," and First reading and introduction of Ordinance No. CS-252, entitled, "An Ordinance of the City of Carlsbad, California approving a Municipal Code Amendment (MCA 14-01) to amend Title 8 of the Municipal Code to prohibit mini -satellite wagering within the City. City Manager's Recommendation: Introduce Ordinance by title only, take public input, close the public hearing and adopt Urgency Ordinance No. CS-251, and hold first reading and introduce Ordinance No. 252 by title only, and schedule the second reading and adoption at a future meeting. ACTION: 4-1 (Hall absent) DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #21,579 — Receive a presentation from representatives of Poseidon Resources and the San Diego County Water Authority regarding the Carlsbad Desalination Project. City Manager's Recommendation: Receive and file. ACTION: 4-1 (Hall absent) 12. AB #21,580 — Receive a presentation from staff regarding the salaries for elected officials. City Manager's Recommendation: Receive presentation and provide staff direction. ACTION: 4-1 (Hall absent) PUBLIC COMMENT: Continuation of the Public Comments This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section. When you are called to speak, please come forward and state your name and address. The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items. April 22, 2014 Page 5 COUNCIL REPORTS AND COMMENTS: (Revised 3/28/14) BLACKBURN Buena Vista Lagoon JPC City/School Committee Encina Joint Powers (JAC) Encina Wastewater Authority EWA Capital Improvement Committee EWA Real Estate Committee North County Dispatch Joint Powers Authority (alternate) SCHUMACHER Buena Vista Lagoon JPC Chamber of Commerce Liaison City/School Committee SANDAG Board of Directors (15t alternate) SANDAG Borders Committee (15t alternate) SANDAG Shoreline Preservation Committee WOOD Encina Joint Powers (JAC) Encina Wastewater Authority EWA Policy & Finance Committee LAFCO North Coastal (alternate) League of California Cities - SD Division North County Transit District (alternate) SANDAG Board of Directors (2"d alternate) PACKARD North County Transit District Board of Directors NCTD Voting Member for SANDAG Transportation Committee NCTD Performance, Administration and Finance Committee NCTD Executive Committee North County Dispatch Joint Powers Authority HALL Chamber of Commerce Liaison LAFCO Cities Advisory Committee North County Mayors and Managers SANDAG Board of Directors SANDAG Executive Committee CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in. ADJOURNMENT April 22, 2014 Page 6