Loading...
HomeMy WebLinkAbout2013-12-03; City Council; Minutes (2) M I N U T E S MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 3, 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 Stan Gold from Pacific Breeze Baptist Church gave the legislative invocation. PLEDGE OF ALLEGIANCE: Council Member Wood led the pledge of allegiance. APPROVAL OF MINUTES: Council Member Blackburn stated that he would abstain from approval of the November 12, 2013 minutes, due to his absence from those meetings. On a motion by Council Member Packard, the minutes of the following meetings were approved as presented. Minutes of the Special Meeting held October 31, 2013. Minutes from the Special Meetings held November 5, 2013. Minutes from the Regular Meeting held November 5, 2013. Minutes from the Joint Special Meetings held November 5, 2013. Minutes from the Regular Meeting held November 12, 2013. Minutes from the Special Meeting held November 12, 2013. Minutes from the Special Meetings held November 19, 2013. Minutes from the Regular Meeting held November 19, 2013. Minutes from the Joint Special Meeting held November 19, 2013. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action of the Consent Calendar, Items #1 through #6 as follows: AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. December 3, 2013 Carlsbad City Council Regular Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading ofthe text of all Ordinances and Resolutions at this Meeting. 1. AB #21.440 - ANNEXATION OF THE FAIR OAKS VALLEY DEVELOPMENT PROJECT (CT 02-17) INTO STREET UGHTING AND LANDSCAPING DISTRICT NO. 2. ZONE 12. AND CONFIRMING THE LEVY OF ASSESSMENTS. Council adopted RESOLUTION NO. 2013-275. ordering the annexation ofthe Fair Oaks Valley Development Project (CT 02-17) into Street Ughting and Landscaping District No. 2, Zone 12, and confirming the levy of annual assessments. 2. AB #21.441 - AUTHORIZE THE EXECUTION OF A PETITION. WAIVER AND CONSENT TO THE CREATION OF A COMMUNITY FACIUTIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE COST OF FAIR OAKS VALLEY WITH CWV LA COSTA 49. LLC (CT 02-17). Council adopted RESOLUTION NO. 2013-276. authorizing the Mayor to execute the Petition, Waiver and Consent to The Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of Fair Oaks Valley (CT 02-17) with CWV La Costa 49, LLC. 3. AB #21.442 - AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE COASTAL RAIL TRAIL REACH 1. PROJECT NO. 4012. Council adopted RESOLUTION NO. 2013-277. accepting bids and awarding a contract to Portillo Concrete Inc., for the construction ofthe Coastal Rail Trail Reach 1 Project; and, authorizing the Mayor to execute the contract. Project No. 4012. 4. AB #21.443 - AWARD OF CONTRACT FOR MEAL PREPARATION SERVICES FOR THE CARLSBAD SENIOR CENTER. Council adopted RESOLUTION NO. 2013-278. accepting a proposal and awarding a contract to EssenCo, Inc. for meal preparation services forthe Carlsbad Senior Center; and, authorizing the Mayor to execute the contract. 5. AB #21.444 - ACCEPT THE ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS AND SPECIAL TAXES. Council adopted RESOLUTION NO. 2013-279. accepting the annual financial report on capital funds and special taxes pursuant to California Government Code Sections 50075, 66001 and 66006. 6. AB #21.445 - ACCEPT THE REPORT ON CITY INVESTMENTS AS OF OCTOBER 31. 2013. Council accepted the City Treasurer's report on city investments as of October 31, 2013. December 3, 2013 Carlsbad City Council Regular Meeting Page 3 Item No. 13 was moved to follow the Consent Calendar. DEPARTMENTAL AND CiTY MANAGER REPORTS: 13. AB #21.452 - PRESENTATION FROM SAN DIEGO COUNTY WATER AUTHORITY REPRESENTATIVES REGARDING "SAN DIEGO COUNTY WATER SUPPLY: IMPROVING REUABIUTY AND LONG-TERM COST CERTAINTY.". San Diego County Water Authority Board of Directors Chair Tom Wornham and General Manager Maureen Stapieton gave the PowerPoint presentation (on file in the office ofthe City Clerk). Mr. Wornham responded to Mayor Hall regarding filed lawsuits, the litigation timeline and the expected dates for the trial, decision and potential appeal. Council Member Blackburn thanked the San Diego County Water Authority for all they do in providing a consistent supply of clean water at a reasonable cost. ORDINANCE FOR INTRODUCTION: 7. AB #21.446 - AMEND SECTIONS 6.14.020 and 11.32.110 OF THE CARLSBAD MUNICIPAL CODE AND ADD CHAPTER 6.18 TO THE CARLSBAD MUNICIPAL CODE TO PROHIBIT THE USE OF ELECTRONIC CIGARETTES WHEREVER SMOKING IS PROHIBITED. City Attorney Celia Brewer gave an explanation ofthe item. The following people came forward in support ofthis item: Carlsbad Police Chief Gary Morrison Janet Asaro, Carlsbad Gena Knutson, representing the Vista Community Clinic Debra Kelley, San Diego Erica Leary, Carlsbad, representing North Coastal Prevention Coalition Lorenzo HIgley, Chair, Tobacco Control Coalition, came forward to provide education and information regarding this item (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-237. amending Sections 6.14.020 and 11.32.110 of the Carlsbad Municipal Code and adding Chapter 6.18 to the Carlsbad Municipal Code to prohibit the use of electronic cigarettes wherever smoking is prohibited. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. December 3, 2013 Carlsbad City Council Regular Meeting Page 4 ORDINANCES FOR ADOPTION: 8. AB #21.447 - REPEAL EXISTING CHAPTER 5.16 AND ENACT NEW CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGE SERVICES. City Attorney Celia Brewer titled the ordinance. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted ORDINANCE NO. CS-234. repealing existing Chapter 5.16 and enacting new Chapter 5.16 ofthe Carlsbad Municipal Code regarding the regulation of massage services. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. 9. AB #21.448 - AMEND TITLE 7 OF THE CARLSBAD MUNICIPAL CODE REPEAUNG CHAPTER 7.16 PROHIBITING THE RETAIL SALE OF DOGS AND CATS. City Attorney Celia Brewer titled the ordinance. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted ORDINANCE NO. CS-235. amending Title 7 ofthe Carlsbad Municipal Code, repealing Chapter 7.16 in its entirety that prohibits the sale of dogs and cats in retail pet stores. AYES: Hall, Packard, and Douglas. NOES: Wood and Blackburn. 10. AB #21.449 - REPEAL ORDINANCE TO RESCIND A SPECIAL USE PERMIT FOR THE WOMAN'S CLUB OF CARLSBAD AT 3320 MONROE STREET. City Attorney Celia Brewer titled the ordinance. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted ORDINANCE NO. CS-236. repealing Ordinance No. 9117, rescinding a Special Use Permit for the Woman's Club of Carlsbad on property located at 3320 Monroe Street, CUP 8(A). AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. December 3, 2013 Carlsbad City Council Regular Meeting Page 5 PUBUC COMMENT: Walt Meier, Carisbad came forward to address council in opposition to LED signs at Car Country Carlsbad. PUBUC HEARING: 11. AB #21.450 - APPROVE AMENDMENTS TO THE CARLSBAD TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2012-13 THROUGH 2016-17. Senior Engineer Marshall Plantz gave the staff report and PowerPoint presentation (on file in the office of the City Clerk). Mayor Hall opened the duly noticed public hearing at 7:04 p.m. Seeing that no-one wished to speak. Mayor Hall closed the public hearing at 7:04 p.m. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-280. approving amendment to the Carlsbad TransNet Local Street Improvement Program of projects for fiscal years 2012-13 through 2016-17. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRia BOARD OF DIRECTORS. Mayor Hall adjourned to the Joint Special Meeting ofthe Carlsbad City Council and Carlsbad Municipai Water District Board of Directors at 7:06 p.m. with five Council Members present. RECONVENE: Mayor Hall reconvened the Carlsbad City Council meeting at 7:07 p.m. with five Council Members present. December 3, 2013 Carlsbad City Council Regular Meeting Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #21.457 - DIRECT STAFF TO PARTICIPATE IN NEGOTIATIONS WITH SDG&E AND NRG ENERGY IN AN ATTEMPT TO REACH A MUTUALLY BENEFICIAL AGREEMENT ACCEPTABLE TO ALL THREE PARTIES. SUPPORTING A CHANGE IN THE PROPOSED CARLSBAD ENERGY CENTER PROJECT UPON THE DECOMMISSIONING. DEMOLITION AND REMEDIATION OF THE CURRENT ENCINA POWER STATION SITE. Assistant City Manager Gary Barberio gave the staff report. City Attorney Celia Brewer confirmed that the concepts ofthe SDG&E Draft Guiding Principals have been discussed with SDG&E and NRG Energy. Mayor Hall later confirmed that this draft will become part ofthe public record. Mayor Hail commented that, as we work through negotiation, the repurpose of all, or a majority, of the site is extremely important to the city. He also stated that developer fees for any new facility should be part ofthe agreement. lan Stewart, Regional Public Affairs Manager, San Diego Gas and Electric gave an overview of current conditions, and past unexpected occurrences, including the closing ofthe San Onofre power plant and the resulting deficit in output. Rob Anderson, Director of Resource Planning, San Diego Gas and Electric presented a PowerPoint presentation (on file in the office ofthe City Clerk). Following a question from Mayor Pro Tem Packard, Mr. Anderson explained the involvement ofthe Public Utilities Commission. San Diego Gas and Electric public affairs representative Amber Ter-Vrugt addressed Council Member Blackburn's questions regarding the switch yard. She stated that the switch yard and sub-station components could not be moved. However, SDG&E is fully committed to relocating the operations center. John Chillemi, Regional President, NRG's West Region, gave a PowerPoint presentation providing an update on the Carlsbad Energy Center and the construction of a peaking facility (on file in the office of the City Clerk). Kerry Siekmann, Carlsbad, came forward to address Council regarding the city's negotiation power and pollution and spoke in opposition to this item. Arnie Roe, Carlsbad, came forward in opposition to passing this resolution. December 3, 2013 Carlsbad City Council Regular Meeting Page 7 Discussion ensued regarding demand response, storage, growth in energy efficiency, the requirement of existing units to be retired by 2017, contracting with legal and energy experts, negotiating guidelines for staff including clean technology and benefits to the community of Carlsbad, and the need for commencing negotiations as soon as possible. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-288. directing staff to participate in negotiations with SDG&E and NRG Energy in an attempt to reach a mutually beneficial agreement supporting a change in the proposed Carlsbad Energy Center Project technology conditioned upon the decommissioning, demolition and remediation ofthe current Encina Power Station as well as other changes in energy infrastructure and property considerations beneficial to Carlsbad residents. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. Item Nos. 15 and 16 were presented as one item. 15. AB #21.453 - CONSENT TO INCLUDE PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CAUFORNIA HERO PROGRAM TO PROVIDE FOR THE FINANCING OF RENEWABLE ENERGY DISTRIBUTED GENERATION SOURCES. ENERGY AND WATER EFFICIENCY IMPROVEMENTS. AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE. AND APPROVING AN AMENDMENT TO THE RELATED JOINT POWERS AGREEMENT 16. AB #21.454 - APPROVE ASSOCIATE MEMBERSHIP IN THE CAUFORNIA ENTERPRISE DEVELOPMENT AUTHORITY. AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT AND CONSENTING TO INCLUDE PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE SAN DIEGO COUNTY PROPERTY ASSESSED CLEAN ENERGY PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE SOURCES. ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF THE PROGRAM. Senior Planner Mike Grimm gave the staff report and PowerPoint presentation (on file in the office of the City Clerk). Mr. Grimm addressed questions from Council regarding project payback time variances, electric car charging stations and city permit requirements for those stations. December 3, 2013 Carlsbad City Council Regular Meeting Pages ACTION: AYES: NOES: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-282. consenting to include properties within the city's jurisdiction in the California Hero Program to provide for the financing of renewable energy distributed generation sources, energy and water efficiency improvements and electric vehicle charging infrastructure, approving the amendment to the related joint powers agreement; and, authorizing the Mayor to execute said amendment. Hall, Packard, Wood, Blackburn, Douglas. None. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-283. approving Associate membership by the City of Carlsbad in the California Enterprise Development Authority and authorizing and directing execution of an Associate Membership Agreement related to Associate membership ofthe city in the Authority. AYES: NOES: Hall, Packard, Wood, Blackburn, Douglas. None. AaiON: AYES: NOES: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-284. consenting to the inclusion ofthe properties within the incorporated area ofthe city in the San Diego County Property Assessed Clean Energy Program to finance distributed generation renewable energy sources and energy and water efficiency improvements and approving the report setting for the parameters of referenced program and certain matters in connection therewith. Hall, Packard, Wood, Blackburn, Douglas. None. 17. AB #21.455 - ARTS COMMISSION APPOINTMENT. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-285. appointing Scott White to the Arts Commission. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. December 3, 2013 Carlsbad City Council Regular Meeting Page 9 18. AB #21.456 - SENIOR COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-286. appointing Sheri Sachs to the Senior Commission. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-287. appointing Kevin Min to the Senior Commission. 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: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Friday, December 6, 2013 - 6:00 p.m. City of Carlsbad Parks & Recreation Commission Holiday Social Leo Carrillo Ranch 6200 Flying LC Lane Carlsbad, California Sunday, December 8, 2013 -1:00 p.m. Lakeshore Gardens Christmas Parade Lakeshore Gardens Carlsbad, Caiifornia Tuesday, December 10, 2013 -10:00 a.m. to 4:30 p.m. Carlsbad City Council Workshop Carlsbad Recycled Water Facility 6220 Avenida Encinas Carlsbad, California December 3, 2013 Carlsbad City Council Regular Meeting Page 10 Thursday, December 12, 2013 - 7:00 a.m. City of Carlsbad Employee Holiday Breakfast and Service Award Recognition Sheraton Carlsbad Resort and Spa 5480 Grand Pacific Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of December 3, 2013 was adjourned at 8:16 p.m. BARBARA ENGLESON City Clerk DONNA HERATY Deputy City Clerk