HomeMy WebLinkAbout2013-06-18; City Council; Minutes (3)MINUTES
MEETING OF: CITY OF CARLSBAD CITY COUNCIL
(Special Meeting)
DATE OF MEETING: June 18, 2013
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers, 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 Jeff Enderle of Beautiful Savior Lutheran Church gave the legislative invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Packard led the pledge of allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Packard, the minutes of the following meeting were unanimously
approved as presented.
Minutes ofthe Joint Special Meeting held May 21, 2013.
PRESENTATIONS:
Proclamation in recognition of Peter Gordon's Retirement.
Mayor Pro Tem Packard presented a retirement proclamation to Cultural Arts Manager Peter Gordon.
Presentation of Friends ofthe Arts donation.
Cultural Arts Manager Peter Gordon stated that Modern Postcard donated in-kind services to the city for
the TGIF Jazz in the Parks concert series and introduced Naomi Marblestone ofthe Friends ofthe Arts to
present the Friends' donation to the city for the TGIF Jazz in the Parks concert series.
PUBUC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
City Attorney Celia Brewer announced that Council heard the matters presented during the Joint Special
Meeting with the Carlsbad Municipal Water District Board of June 18, 2013, but took no final action. Final
action, when taken, will be reported out at a subsequent meeting.
June 18, 2013 Carlsbad City Council Special Meeting Page 2
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action ofthe
Consent Calendar, Items #1 through #6 as follows:
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1- AB #21.262 - ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2013-147. accepting a cash donation from the Carlsbad Friends
ofthe Arts and an in-kind donation both in support ofthe 2013 TGIF Jazz in the Parks summer
concert series.
2. AB #21,263 - ADVERTISE FOR BIDS - PROJECT NO. 6001-13OL.
Council adopted RESOLUTION NO. 2013-148. approving plans and specifications for the 2013
Pavement Overlay Project No. 6001-13OL; and, authorizing the City Clerk to advertise for bids.
3. AB #21.264 - RENEWAL OF EXCESS WORKERS' COMPENSATION INSURANCE.
Council adopted RESOLUTION NO. 2013-149. authorizing the renewal ofthe City's Excess Workers'
Compensation Insurance.
4. AB #21.265 - CERTIFY THE RESULTS OF AN ELECTION AND ADD PROPERTY TO COMMUNITY
FACILITIES DISTRICT NO. 1-ANNEXATION NO. 12/13-01.
Council adopted RESOLUTION NO. 2013-150, certifying the results of an election and adding
property to Community Facilities District No. 1; and, directing an Amendment to the Notice of
Special Tax Uen (Notice of Annexation) be recorded.
5. AB #21.266 - SUMMARY VACATION OF DRAINAGE EASEMENTS - PR 11-27.
Council adopted RESOLUTION NOS. 2013-151 and 2013-152, summarily vacating drainage
easements over portions of Parcels 1 and 3 of Parcel Map Nos. 17971, PR 11-27, generally located
north of Faraday Avenue, west of College Boulevard; and, directing the City Clerk to record the
resolutions, the legal descriptions and plats.
6. AB #21.267 - RENEWAL OF LIABILITY INSURANCE.
Council adopted RESOLUTION NO. 2013-153, approving the purchase of liability insurance through
Alliant Services, Inc.
PUBUC COMMENT:
No public comment was given.
June 18; 2013 Carlsbad City Council Special Meeting Page 3
PUBUC HEARINGS;
7. AB #21.268 - ENCINAS CREEK APARTMENT HOMES - SDP Ol-IO(A).
Senior Planner Christer Westman gave the staff report and PowerPoint presentation (on file in the Office
of the City Clerk).
Ken Cablay, representing Seborne Development Company gave a brief presentation to Council.
Mayor Hall opened the duly noticed Public Hearing at 7:35 p.m.
Diane Nygaard representing Preserve Calavera spoke in support ofthe project, recognizing the addition
of affordable housing and that the project will not use existing open space. She added that she was
concerned that even though a bus stop was going to be installed, it was unknown if transit service would
be provided. She asked that the project be conditioned to require an agreement between the developer
and North County Transit District (NCTD) to provide transit service.
Mr. Cablay responded that his company would comply with any requirements the city made regarding
transit service.
Mayor Hall closed the Public Hearing at 7:39 p.m.
Discussion ensued on the process to add a transit service condition to the project.
Council Member Douglas clarified with staff that the project did have a bus turn-out and maintenance on
the turn-out was the responsibility of the project.
Mayor Pro Tem Packard stated that he had contacted NCTD and was informed that when a project is
completed, NCTD would ask for a study to determine if service is warranted in the area. He added that
such a study could result in a possible route change or route extension. Mr. Packard further added that
the recommendation from NCTD was that the city should not add a transit service condition to the
project.
ACTION: On a motion by Mayor Pro Tem Packard, Council adopted
RESOLUTION NO. 2013-154. adopting a Negative Declaration and
approving Site Development Plan Amendment SDP Ol-IO(A) to
develop a 127 unit apartment project on property generally located
south of Cannon Road and east of the future southerly extension of
College Boulevard in Local Facilities Management Zone 15.
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
Mayor Hail and Mayor Pro Tem Packard recused themselves from the meeting due to potential conflicts of
interest and left the dais at 6:50 p.m.
June 18, 2013 Carlsbad City Council Special Meeting Page 4
8. AB #21.269 - VILLAGE MASTER PLAN CHANGES - MP 12-01(A).
Senior Planner Scott Donnell and Steve Gibson and Ashley Westman of Urban Place Consulting Group
gave the staff report and PowerPoint presentation (on file in the Office ofthe City Clerk).
Mr. Gibson informed Council that the proposed changes to the Village Master Plan would provide
additional opportunities to create more retail space as well as a reuse of existing space.
Ms. Westman highlighted the parking signage changes in the Village that would be implemented in the
near future based on the results of a parking study conducted last summer.
Mr. Gibson reminded Council that a complete overhaul ofthe Village Master Plan still needed to be
completed.
In response to an inquiry from Council Member Blackburn, Mr. Donnell explained that business owners
were not directly contacted regarding the proposed changes in residential parking, but added that the
overall response to the changes was favorable.
Council Member Blackburn opened the duly noticed Public Hearing at 7:21 p.m.
Seeing no one wishing to speak Council Member Blackburn closed the Public Hearing at 7:21 p.m.
ACTION: On a motion by Council Member Douglas, Council adopted
RESOLUTION NO. 2013-155. approving amendments to the Village Master
Plan and Design Manual (MP 12-01(A) to stimulate Village development and
activity by making limited, specific changes to non-residential uses and
parking and design standards, and to improve use ofthe document through
minor clarifications and edits.
AYES: Wood, Blackburn, Douglas.
NOES: None.
ABSENT: Hall, Packard.
Mayor Pro Tem Packard returned to the dais at 7:25 p.m.
9. AB #21.270 - CARLSBAD FARMER'S MARKET - RP 13-03.
Associate Planner Shannon Wernecke gave the staff report and PowerPoint presentation (on file in the
Office ofthe City Clerk).
In response to an inquiry from Council Member Blackburn, Engineering Manager Bryan Jones provided a
description of a removable bollard, how it was installed in the ground and the approximate cost to
purchase and install the item.
June 18, 2013 Carlsbad City Council Special Meeting Page 5
In response to an inquiry from Council Member Wood, Mayor Pro Tem Packard stated he was told by
NCTD that Coaster trains stop five times at the Village Station during the Farmer's Market operating
hours.
In response to an inquiry from Council Member Douglas, Ms. Wernecke explained a signage plan had been
approved and electric signs were not included in the plan. Mr. Gibson of Urban Place Consulting Group,
representing the Village Business Association, explained that a full sign program informing people about
the market included the coaster stop area. He added that the signs were not permanent and would be
removed at the end of each market session.
Mayor Pro Tem Packard opened the duly noticed Public Hearing at 7:46 p.m.
Belynn Gonzalez, Carlsbad, spoke in support of the Farmer's Market and requested that the use of
bollards be used as a traffic stop device.
Debra Ferraro, Carlsbad, spoke in support of the Farmer's Market. She said that as a representative of a
pending non-profit organization, she was requesting that Council modify Condition No. 15 to the Farmer's
Market conditions to include the word "pending". She explained that the non-profit group she
represented was in the process of receiving its non-profit certification from the state and was concerned
that this group was not going to be considered due to the current wording in city's conditions for the
Farmer's Market.
Alfredo Gonzalez, Carlsbad, spoke in support ofthe Farmer's Market and stated he also supported the use
of bollards as a traffic stop device.
Steve Gibson, representing the Village Business Association, applicant, explained that a non-profit booth
had been designated in the Farmer's Market with the intent to have non-profit organizations participate
on a rotating basis.
Mr. Gibson requested two modifications to the city's conditions for the Farmer's Market. He requested
that Condition No. 6 concerning the boundaries of the market be modified to allow the request for
expansion to be determined by an administrative review permit issued by the City Planner rather than
going through the process for Planning Commission and/or City Council approval. He also requested that
Condition No. 16 concerning the parking of vendor vehicles in the fire lane be modified to have this type
of request also handled by an administrative review of the City Planner.
Mayor Pro Tem Packard closed the Public Hearing at 8:02 p.m.
At the request of Council, Ms. Wernecke stated that staff had no issue with adding the word "pending" to
Condition No. 15.
Ms. Wernecke requested that Fire Division Chief Mike Davis address Condition No. 16.
Chief Davis stated the Fire Department could support an administrative review process in determining if
space to park vendor vehicles was adequate.
June 18, 2013 Carlsbad City Council Special Meeting Page 6
Ms. Wernecke also addressed Condition No. 6, stating a modification regarding an increase to the market
boundaries request could be added to Condition No. 7.
ACTION: On a motion by Council Member Douglas, Council adopted
RESOLUTION NO. 2013-156. approving a Major Review Permit to relocate
the existing Wednesday Certified Farmer's Market from a public parking lot
located on Roosevelt Street to the 2900 block of State Street, between
Grand Avenue to the north and Carlsbad Village Drive to the south, for an
initial timeframe of two (2) years as amended to include the following
modifications:
Condition No. 15: The applicant shall provide a minimum of one (1) vendor
space at the Farmer's Market for local non-profit/pending non-profit groups
doing fundraising.
Condition No. 16: Any modification to this condition shall require the
approval of an Administrative Review Permit by the City Planner.
Condition No. 7: Any modification to the boundaries ofthe Farmer's Market
shall require the approval of an Administrative Review Permit by the City
Planner.
AYES: Packard, Wood, Blackburn, Douglas.
NOES: None.
ABSENT: Hall.
Mayor Hall returned to the dais at 8:08 p.m.
RECESS:
Mayor Hall declared a recess at 8:08 p.m.
RECONVENE:
Mayor Hall reconvened the City Council meeting with five Council members present at 8:14 p.m.
10. AB #21.271 - VACATION OF PORTION OF VAN ALLEN WAY - STV 11-01.
Engineering Manager Glen Van Peski 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 8:17 p.m.
Seeing no one wishing to speak. Mayor Hall closed the Public Hearing at 8:17 p.m.
June 18, 2013 Carlsbad City Council Special Meeting Page 7
ACTION: On a motion by Council Member Douglas, Council adopted
RESOLUTION NO. 2013-157. vacating a portion of Van Allen Way, from
Faraday Avenue to its northerly terminus, STV 11-01; and, directing the City
Clerk to record the resolution, legal description and plat.
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
11. AB #21.272 - MCDONALD'S RESTAURANT - CUP 94-02x2(A). CDP 13-02.
Associate Planner Greg Fisher 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 8:21 p.m.
Jessica Steiner representing McDonalds came forth to answer any questions Council might have.
Mayor Hall closed the Public Hearing at 8:22 p.m.
In response to an inquiry from Council Member Blackburn, City Planner Don Neu explained that an item
would be presented for Council consideration in the near future regarding modifications to commercial
overlay zone improvements. He added that a second phase of modifications to the zoning ordinance will
also be part ofthe General Plan update.
ACTION: On a motion by Council Member Douglas, Council adopted
RESOLUTION NO. 2013-158. approving a Conditional Use Permit
Amendment No. CUP 94-02x2(A) and Coastal Development Permit No. CDP
13-02 to allow for a 400 square foot expansion to an existing 3,800 square
foot commercial restaurant (McDonald's) building on a 0.75 acre parcel
generally located on the north side of Palomar Airport Road, between
Interstate 5 and Avenida Encinas.
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY OF CARLSBAD CITY COUNCIL AND
CARLSBAD MUNICIPAL WATER DISTRICT BOARD
Mayor Hall adjourned to the Joint Special Meeting ofthe City of Carlsbad and Municipal Water District
Board at 8:25 p.m.
RECONVENE:
Mayor Hall reconvened the City Council meeting at 8:41 p.m. with five Council Members present.
June 18, 2013 Carlsbad City Council Special Meeting Page 8
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB #21.275-CITIZEN PRESENTATION REGARDING PUBUC SAFETY ON RESIDENTIAL STREETS.
Mr. Joseph Mahon, Carlsbad addressed Council with a PowerPoint presentation (on file in the Office of
the City Clerk) regarding vehicles speeding on Towhee Lane in the Aviara neighborhood. He stated that
many vehicles are traveling at 40-45 miles per hour on this street that has a speed limit of 25 miles per
hour. Mr. Mahon requested the city install speed cushions on Towhee Lane where he resides.
In response to an inquiry from Council Member Blackburn, Engineering Manager Bryan Jones stated that
the speed limit on Towhee Lane is 25 miles per hour and is ranked No. 23 out ofthe 24 streets in the
Carlsbad Residential Traffic Management Program. Mr. Jones also said that the cost to install a speed
cushion was $5,000 each.
Mr. Mahon presented a petition to Council that he said received the signatures of 80% of Towhee Lane
residents.
In response to an inquiry from Mayor Pro Tem Packard, Mr. Jones explained that the criteria of ranking a
street in the Traffic Management Program was based on traffic volume, the roadway itself, speed,
collision history and a number of additional factors such as the proximity of a school. He added that the
data gathered by city staff did not support ranking Towhee Lane higher on the Management Program list.
Mr. Mahon countered Mr. Jones statement and requested City Council take action on his request as he
felt his street was not liveable.
Mayor Hall informed Mr. Mahon that he would weigh all ofthe information presented and respond to Mr.
Mahon in two weeks regarding his request.
16. AB #21.276 - SAN DIEGO GAS & ELECTRIC ENERGY OUTLOOK AND RATE CHANGE UPDATE.
SDG&E representative Amber Ter-Vrugt gave the Council a PowerPoint presentation (on file in the Office
of the City Clerk) regarding the retirement of the San Onofre Power Plant, and what SDG&E was doing to
alleviate any potential loss of power over the summer months. She added that SDG&E has been
working to develop long term solutions due to the retirement ofthe nuclear power plant nine years
earlier than expected. She further reviewed SDG&E's community fire safety program, emergency
response program and explained the increase in energy bills that will forthcoming in September to
consumers.
17. AB #21.277 - UBRARY BOARD OF TRUSTEES APPOINTMENTS.
ACTION: On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-160.
appointing Alice "Sandy" Parsons, and adopted RESOLUTION NO. 2013-161.
appointing Beth Hulsart to the Library Board of Trustees.
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
June 18, 2013 Carlsbad City Council Special Meeting Page 9
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:
Tuesday, July 9, 2013 - 11:00 a.m. - 2:00 p.m.
Scripps 9^^ Annual Circle of Ufe 100 - Distinguished Achievement Award Luncheon
Hilton Carlsbad Resort and Spa
1 Ponto Road, Carlsbad
ADJOURNMENT:
By proper motion, the 5p€Cia^ Meeting of June 18, 2013 was adjourned at 9:28 p.m.
BARBARA ENGLESON
City Clerk