Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
ALL PRESENT
APPROVAL OF MINUTES:
Moved Kulchin. Approved 5/0.
Minutes of the Special Meeting held July 24, 2012.
Minutes of the Special Meeting held July 24, 2012 (as Successor Agency to the Former Redevelopment Agency)
Minutes of the Regular Meeting held July 24, 2012.
Minutes of the Special Meeting held August 21, 2012.
PRESENTATIONS:
Presentation of a donation from the United Way Committee to the Warrior Foundation.
Don Wasko, Chairman of the United Way Committee, presented a donation to the Warrior Foundation.
Presentation of a proclamation in recognition of Constitution Week.
CM Packard presented a proclamation to Wanda Prosser of the Santa Margarita Chapter of the Daughters of the American Revolution, in recognition of Constitution Week.
Presentation in recognition of a donation from Carlsbad Library and Arts Foundation.
Library Director Heather Pizzuto introduced .............., President Carlsbad Library and Arts Foundation presented a donation for the Learning Center
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.
Items #1 through #12, Kulchin moved, approved 5/0
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #20,977 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center; and, authorizing the Finance Director to deposit the donation into the General Capital Construction Fund. Resolution No. 2012-191. ACTION:
AB #20,977
2. AB #20,978 - ACCEPTANCE OF GRANT FUNDS. Accepting Edward Byrne Memorial Justice Assistance Grant funds for the purchase of police equipment; and, authorizing the appropriation of funds. Resolution No. 2012-192. ACTION:
AB #20,978
3. AB #20,979 - RATIFY THE JOINT OPERATING AND FINANCIAL PLAN AGREEMENT FOR ANIMAL CONTROL SERVICES. Ratifying the Joint Operating and Financial Plan Agreement for FY 2012-13 with the County of San Diego for animal control services, authorizing the City Manager to execute the Agreement; and, authorizing the appropriation of funds to cover the increase to contract costs. Resolution No. 2012-193. ACTION:
AB #20,979
4. AB #20,980 - APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS. Approving the plans, specifications and contract documents for the Home Plant Sewer Lift Station and Force Main Replacement, authorizing the City Clerk to advertise for bids for construction; and, authorizing the Mayor to execute Amendment No. 5 to the agreement with Psomas for design support, Project No. 5509. Resolution No. 2012-194. ACTION:
AB #20,980
5. AB #20,981 - APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS. Approving the plans, specifications and contract documents for the Palomar Airport Road and College Boulevard improvement project; and, authorizing the City Clerk to advertise for bids, Project Nos. 6028 and 6029. Resolution No. 2012-195. ACTION:
AB #20,981
6. AB #20,982 - AWARD OF CONTRACT. Accepting bids and awarding the contract to NOVA Commercial Company, Inc. for custodial maintenance services; and, authorizing the Mayor to execute the agreement. Resolution No. 2012-196. ACTION:
AB #20,982
7. AB #20,983 - APPROVE AGREEMENT. Approving an agreement with Construction Testing and Engineering, Inc. for as-needed materials testing services; and, authorizing the Mayor to execute the agreement. Resolution No. 2012-197. ACTION:
AB #20,983
8. AB #20,984 - LA COSTA GLEN UPLANDS PRESERVE CONSERVATION EASEMENT DEED. Authorizing the Mayor to sign the Conservation Easement Deed for the La Costa Glen Uplands Preserve, Project No. SDP 98-01(B). Resolution No. 2012-198. ACTION:
AB #20,984
9. AB #20,985 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 2 to the agreement with Aecom Technical Services, Inc., for environmental and design services for the Agua Hedionda Creek Channel and Calavera Creek Channel Dredging and Improvement Project, Project No. 3338. Resolution No. 2012-199. ACTION:
AB #20,985
10. AB #20,986 - APPROVE REVISIONS TO CITY INVESTMENT POLICY. Approving the City's Investment Policy dated August 28, 2012. Resolution No. 2012-200. ACTION:
AB #20,986
11. AB #20,987 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of June 30, 2012. ACTION:
AB #20,987
12. AB #20,988 - REJECT BIDS FOR TERRAMAR SEWER LIFT STATION AND FORCE MAIN PROJECT. Rejecting all bids for the Terramar Sewer Lift Station and Force Main Replacement Project, Project No. 5502. Resolution No. 2012-213. ACTION:
AB #20,988
PUBLIC COMMENT:
Walt Meier, Carlsbad, came forward to address Council regarding recreational vehicle and motor home parking on Carlsbad streets.
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:
16. AB #20,991 - WINNING TEAMS GRANT REQUEST. To consider a request for support from Aviara Oaks Middle School and Mission Estancia Elementary School for teams to attend the Odyssey of the Mind World Finals held at Iowa State University; and, authorizing the Finance Director to appropriate funds from the General Fund contingency account. Resolution No. 2012-203. ACTION:
Management Analyst Courtney Enriquez gave the staff report and Power Point presentation on file in the office of the City Clerk. CM Douglas - what was the outcome of the competition? Beth Weissman, coach for both teams, came forward to respond regarding the placement of the teams during the competition and fund raising details. Farrah requested meeting to discuss policy change to reflect a set percentage. Blackburn - wants them to get maximum. Kulchin moved, as, written, approved 5/0
AB #20,991
17. AB #20,992 - WINNING TEAMS GRANT REQUEST. To consider a request for support from the Carlsbad Knights Baseball team for participation in the Triple Crown World Series Tournament held in Steamboat Springs, Colorado from July 31 to August 5; and, authorizing the Finance Director to appropriate funds from the General Fund contingency account. Resolution No. 2012-204. ACTION:
AB #20,992
Management Analyst Courtney Enriquez gave the staff report and Power Point presentation, on file in the Office of the City Clerk. Coach ................ addressed Council regarding the tournament and the team's accomplishments. Members of the team briefly addressed Council regarding their favorite part of the trip. Kulchin moved, approved 5/0.
AB #20,992
13. AB #20,989 - ARMY AND NAVY ACADEMY ATHLETIC FACILITY. To consider approval of a Major Review Permit (RP 12-13) and Coastal Development Permit (CDP 12-04) to allow for the demolition of all existing structures on site and the construction of a new two-story athletic facility, press box with stadium seating, maintenance building, and the installation of a new artificial turf field, lights and a new perimeter fence on property generally located at 2605 Carlsbad Boulevard. Resolution No. 2012-201. ACTION:
Assistant Planner Austin Silva gave the staff report and the Power Point presentation, on file in the office of the City Clerk. Hall - parking issue, how is it addressed? Army/Navy representative to respond regarding parking. Bill Hoffman ? addressed Council regarding the plan and its implementation, parking. Brigadeer General Steven Bliss came forward to address Council, regarding the 2008 master plan, various uses of the venue, for activities other than sports, and by other organizations, Hall - address parking and be proactive. Mayor opened PH - at 6:56 p.m. Katie Taylor, Carlsbad, came forward to address Council regarding the facility's impact on nearby businesses, fence design and proximity to nearby buildings, drainage, traffic and pedestrian safety concerns, possibility of a footbridge. Mary Welsh, Carlsbad, does not believe the faciltiy would generate parking problems. Bill Hoffman - advised that they have had several meetings with adjacent business owners, and the outlined the agreements they have reached with them and possible future considerations. Will not agree on payments for any lost business. Kulchin - pedestrian bridge? Hoffman - later phase, depending on funding following the master plan. Architect John Dodge - 4 phases along, not physically possible at this point because of an existing building. Packard - setbacks, drainage, pedestrian and parking - have plans met or exceeded with City's standards/requirements. Austin - yes. He supplied draft regarding parking notification to other organizations. Kulchin moved with parking amendment, approved 5/0.
AB #20,989
14. AB #20,990 - GUNTHER'S RETAIL. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 12-02, to allow for a 965 square foot retail use within an existing office/warehouse business within the Planned Industrial Zone on property located at 2717 Loker Avenue West, Suite B. Resolution No. 2012-202.
Principal Planner Chris DeCerbo gave the staff report and Powerpoint presentation on file in the office of the City Clerk. Appeal - Lisa Gunther, co-owner, read a statement regarding rare walk in customers, expansion online business, existing business license and the State of California requirement of the word "retail". Blackburn to Ball - is there a way we could meet the State requirement without Ball - it's inconsistent with General Plan, Specific Plan and Zoning Ordinance. Don Neu - General Plan and zoning policies, our interpretation on uses has not been open to all retail uses. Packard - Firearms be delivered in person? Gunther explained that firearms must be delivered to a license holder. Douglas - types of businesses? Neu - not designed for general public sales, primary use to support businesses. DeCerbo - sales of accessories and CUP provisions. Gunther - every business has a security need. Sue Loftin on behalf of Gunther Gifts, gave a presentation, on file in the office of the city clerk., language issue. Blackburn - motion to continue to October 2, approved 5/0.
AB #20,990
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #20,996 - CITIZEN PRESENTATION REGARDING FRANCHISE FEES. To receive a presentation from Gretchen Ashton regarding franchise fees. ACTION:
Gretchen Ashton, Carlsbad, addressed Council regarding Franchise Fees. Packard - residents are paying in the 3rd lowest in the County. Kulchin - answers will be provided. Ball - studied Prop 218 and believe we have followed procedures, addressed issues including franchise fees,
AB #20,996
18. AB #20,993 - BEACH PRESERVATION COMMITTEE APPOINTMENT. To consider appointing one member to the Beach Preservation Committee. Resolution No. 2012-205. ACTION:
Kulchin moved - appointed Norlyn,.............., approved 5/0
AB #20,993
19. AB #20,994 - PARKS AND RECREATION COMMISSION APPOINTMENTS. To consider appointing three members to the Parks and Recreation Commission. Resolution Nos. 2012-206, 2012-207 and 2012-208. ACTION:
Kulchin moved - appointees ............... Approved 5/0.
AB #20,994
20. AB #20,995 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. To consider appointing four members to the Traffic Safety Commission. Resolution Nos. 2012-209, 2012-210, 2012-211 and 2012-212. ACTION:
ulchin moved appointees, approved 5/0.
Adjourned 8:31pm
AB #20,995
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
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 and for those persons who have demonstrated by prior conduct that they are not likely to conduct themselves in a courteous manner or observe order and decorum during the meeting. When you are called to speak, please come forward and state your name. 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.
Roll call (5 Present, 0 Absent, 0 Excused)
Aug 28, 2012 City Council Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
ALL PRESENT
APPROVAL OF MINUTES:
Moved Kulchin. Approved 5/0.
Minutes of the Special Meeting held July 24, 2012.
Minutes of the Special Meeting held July 24, 2012 (as Successor Agency to the Former Redevelopment Agency)
Minutes of the Regular Meeting held July 24, 2012.
Minutes of the Special Meeting held August 21, 2012.
PRESENTATIONS:
Presentation of a donation from the United Way Committee to the Warrior Foundation.
Don Wasko, Chairman of the United Way Committee, presented a donation to the Warrior Foundation.
Presentation of a proclamation in recognition of Constitution Week.
CM Packard presented a proclamation to Wanda Prosser of the Santa Margarita Chapter of the Daughters of the American Revolution, in recognition of Constitution Week.
Presentation in recognition of a donation from Carlsbad Library and Arts Foundation.
Library Director Heather Pizzuto introduced .............., President Carlsbad Library and Arts Foundation presented a donation for the Learning Center
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.
Items #1 through #12, Kulchin moved, approved 5/0
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #20,977 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center; and, authorizing the Finance Director to deposit the donation into the General Capital Construction Fund. Resolution No. 2012-191. ACTION:
AB #20,977
2. AB #20,978 - ACCEPTANCE OF GRANT FUNDS. Accepting Edward Byrne Memorial Justice Assistance Grant funds for the purchase of police equipment; and, authorizing the appropriation of funds. Resolution No. 2012-192. ACTION:
AB #20,978
3. AB #20,979 - RATIFY THE JOINT OPERATING AND FINANCIAL PLAN AGREEMENT FOR ANIMAL CONTROL SERVICES. Ratifying the Joint Operating and Financial Plan Agreement for FY 2012-13 with the County of San Diego for animal control services, authorizing the City Manager to execute the Agreement; and, authorizing the appropriation of funds to cover the increase to contract costs. Resolution No. 2012-193. ACTION:
AB #20,979
4. AB #20,980 - APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS. Approving the plans, specifications and contract documents for the Home Plant Sewer Lift Station and Force Main Replacement, authorizing the City Clerk to advertise for bids for construction; and, authorizing the Mayor to execute Amendment No. 5 to the agreement with Psomas for design support, Project No. 5509. Resolution No. 2012-194. ACTION:
AB #20,980
5. AB #20,981 - APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS. Approving the plans, specifications and contract documents for the Palomar Airport Road and College Boulevard improvement project; and, authorizing the City Clerk to advertise for bids, Project Nos. 6028 and 6029. Resolution No. 2012-195. ACTION:
AB #20,981
6. AB #20,982 - AWARD OF CONTRACT. Accepting bids and awarding the contract to NOVA Commercial Company, Inc. for custodial maintenance services; and, authorizing the Mayor to execute the agreement. Resolution No. 2012-196. ACTION:
AB #20,982
7. AB #20,983 - APPROVE AGREEMENT. Approving an agreement with Construction Testing and Engineering, Inc. for as-needed materials testing services; and, authorizing the Mayor to execute the agreement. Resolution No. 2012-197. ACTION:
AB #20,983
8. AB #20,984 - LA COSTA GLEN UPLANDS PRESERVE CONSERVATION EASEMENT DEED. Authorizing the Mayor to sign the Conservation Easement Deed for the La Costa Glen Uplands Preserve, Project No. SDP 98-01(B). Resolution No. 2012-198. ACTION:
AB #20,984
9. AB #20,985 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 2 to the agreement with Aecom Technical Services, Inc., for environmental and design services for the Agua Hedionda Creek Channel and Calavera Creek Channel Dredging and Improvement Project, Project No. 3338. Resolution No. 2012-199. ACTION:
AB #20,985
10. AB #20,986 - APPROVE REVISIONS TO CITY INVESTMENT POLICY. Approving the City's Investment Policy dated August 28, 2012. Resolution No. 2012-200. ACTION:
AB #20,986
11. AB #20,987 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of June 30, 2012. ACTION:
AB #20,987
12. AB #20,988 - REJECT BIDS FOR TERRAMAR SEWER LIFT STATION AND FORCE MAIN PROJECT. Rejecting all bids for the Terramar Sewer Lift Station and Force Main Replacement Project, Project No. 5502. Resolution No. 2012-213. ACTION:
AB #20,988
PUBLIC COMMENT:
Walt Meier, Carlsbad, came forward to address Council regarding recreational vehicle and motor home parking on Carlsbad streets.
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:
16. AB #20,991 - WINNING TEAMS GRANT REQUEST. To consider a request for support from Aviara Oaks Middle School and Mission Estancia Elementary School for teams to attend the Odyssey of the Mind World Finals held at Iowa State University; and, authorizing the Finance Director to appropriate funds from the General Fund contingency account. Resolution No. 2012-203. ACTION:
Management Analyst Courtney Enriquez gave the staff report and Power Point presentation on file in the office of the City Clerk. CM Douglas - what was the outcome of the competition? Beth Weissman, coach for both teams, came forward to respond regarding the placement of the teams during the competition and fund raising details. Farrah requested meeting to discuss policy change to reflect a set percentage. Blackburn - wants them to get maximum. Kulchin moved, as, written, approved 5/0
AB #20,991
17. AB #20,992 - WINNING TEAMS GRANT REQUEST. To consider a request for support from the Carlsbad Knights Baseball team for participation in the Triple Crown World Series Tournament held in Steamboat Springs, Colorado from July 31 to August 5; and, authorizing the Finance Director to appropriate funds from the General Fund contingency account. Resolution No. 2012-204. ACTION:
AB #20,992
Management Analyst Courtney Enriquez gave the staff report and Power Point presentation, on file in the Office of the City Clerk. Coach ................ addressed Council regarding the tournament and the team's accomplishments. Members of the team briefly addressed Council regarding their favorite part of the trip. Kulchin moved, approved 5/0.
AB #20,992
13. AB #20,989 - ARMY AND NAVY ACADEMY ATHLETIC FACILITY. To consider approval of a Major Review Permit (RP 12-13) and Coastal Development Permit (CDP 12-04) to allow for the demolition of all existing structures on site and the construction of a new two-story athletic facility, press box with stadium seating, maintenance building, and the installation of a new artificial turf field, lights and a new perimeter fence on property generally located at 2605 Carlsbad Boulevard. Resolution No. 2012-201. ACTION:
Assistant Planner Austin Silva gave the staff report and the Power Point presentation, on file in the office of the City Clerk. Hall - parking issue, how is it addressed? Army/Navy representative to respond regarding parking. Bill Hoffman ? addressed Council regarding the plan and its implementation, parking. Brigadeer General Steven Bliss came forward to address Council, regarding the 2008 master plan, various uses of the venue, for activities other than sports, and by other organizations, Hall - address parking and be proactive. Mayor opened PH - at 6:56 p.m. Katie Taylor, Carlsbad, came forward to address Council regarding the facility's impact on nearby businesses, fence design and proximity to nearby buildings, drainage, traffic and pedestrian safety concerns, possibility of a footbridge. Mary Welsh, Carlsbad, does not believe the faciltiy would generate parking problems. Bill Hoffman - advised that they have had several meetings with adjacent business owners, and the outlined the agreements they have reached with them and possible future considerations. Will not agree on payments for any lost business. Kulchin - pedestrian bridge? Hoffman - later phase, depending on funding following the master plan. Architect John Dodge - 4 phases along, not physically possible at this point because of an existing building. Packard - setbacks, drainage, pedestrian and parking - have plans met or exceeded with City's standards/requirements. Austin - yes. He supplied draft regarding parking notification to other organizations. Kulchin moved with parking amendment, approved 5/0.
AB #20,989
14. AB #20,990 - GUNTHER'S RETAIL. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 12-02, to allow for a 965 square foot retail use within an existing office/warehouse business within the Planned Industrial Zone on property located at 2717 Loker Avenue West, Suite B. Resolution No. 2012-202.
Principal Planner Chris DeCerbo gave the staff report and Powerpoint presentation on file in the office of the City Clerk. Appeal - Lisa Gunther, co-owner, read a statement regarding rare walk in customers, expansion online business, existing business license and the State of California requirement of the word "retail". Blackburn to Ball - is there a way we could meet the State requirement without Ball - it's inconsistent with General Plan, Specific Plan and Zoning Ordinance. Don Neu - General Plan and zoning policies, our interpretation on uses has not been open to all retail uses. Packard - Firearms be delivered in person? Gunther explained that firearms must be delivered to a license holder. Douglas - types of businesses? Neu - not designed for general public sales, primary use to support businesses. DeCerbo - sales of accessories and CUP provisions. Gunther - every business has a security need. Sue Loftin on behalf of Gunther Gifts, gave a presentation, on file in the office of the city clerk., language issue. Blackburn - motion to continue to October 2, approved 5/0.
AB #20,990
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #20,996 - CITIZEN PRESENTATION REGARDING FRANCHISE FEES. To receive a presentation from Gretchen Ashton regarding franchise fees. ACTION:
Gretchen Ashton, Carlsbad, addressed Council regarding Franchise Fees. Packard - residents are paying in the 3rd lowest in the County. Kulchin - answers will be provided. Ball - studied Prop 218 and believe we have followed procedures, addressed issues including franchise fees,
AB #20,996
18. AB #20,993 - BEACH PRESERVATION COMMITTEE APPOINTMENT. To consider appointing one member to the Beach Preservation Committee. Resolution No. 2012-205. ACTION:
Kulchin moved - appointed Norlyn,.............., approved 5/0
AB #20,993
19. AB #20,994 - PARKS AND RECREATION COMMISSION APPOINTMENTS. To consider appointing three members to the Parks and Recreation Commission. Resolution Nos. 2012-206, 2012-207 and 2012-208. ACTION:
Kulchin moved - appointees ............... Approved 5/0.
AB #20,994
20. AB #20,995 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. To consider appointing four members to the Traffic Safety Commission. Resolution Nos. 2012-209, 2012-210, 2012-211 and 2012-212. ACTION:
ulchin moved appointees, approved 5/0.
Adjourned 8:31pm
AB #20,995
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
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 and for those persons who have demonstrated by prior conduct that they are not likely to conduct themselves in a courteous manner or observe order and decorum during the meeting. When you are called to speak, please come forward and state your name. 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.
Roll call (5 Present, 0 Absent, 0 Excused)
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