HomeMy WebLinkAbout2013-09-10; City Council; MinutesMINUTES
MEETING OF: CITY OF CARLSBAD CITY COUNCIL
(Regular Meeting)
DATE OF MEETING: September 10, 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.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the pledge of allegiance.
PRESENTATIONS:
Council Member Wood presented a proclamation in recognition of National Preparedness Month to
Emergency Preparedness Manager, David Harrison.
Council Member Packard presented a proclamation in recognition of Constitution Week to Wanda
Prosser, Regent ofthe Santa Margarita Chapter, Daughters ofthe American Revolution.
Council Member Blackburn presented a proclamation in recognition of Carlsbad Softball Association
Team Rage competing in the Western Nationals to Team Manager Brandy Boka.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action of
the Consent Calendar, Items #1 through #7 as follows:
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading ofthe text of all Ordinances and Resolutions at this Meeting.
1. AB #21.355 - AUTHORIZE THE PURCHASE OF PUBUC SAFETY VEHICLES AND APPROPRIATE FUNDS.
Council adopted RESOLUTION NO. 2013-221. authorizing the purchase of public safety vehicles;
and, authorizing the Administrative Services Director to appropriate funds from the Vehicle
Replacement Fund for the purchase of said vehicles.
September 10, 2013 Carlsbad City Council Regular Meeting Page 2
2. AB #21.356 - ACCEPT AND APPROPRIATE GRANT FUNDS FROM SAN DIEGO GAS AND ELECTRIC FOR
THE COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM.
Council adopted RESOLUTION NO. 2013-222. accepting San Diego Gas and Electric Safe San Diego
Initiative grant funds for the Community Emergency Response Team (CERT) Program; authorizing
the Administrative Services Director to appropriate the funds to the Fire Department Emergency
Preparedness CERT program; and, authorizing the Fire Chief or his designee to execute all grant
documents.
3. AB #21.357 - APPROVE A GRANT APPUCATION TO THE FEDERAL STATE HOMELAND SECURITY GRANT
PROGRAM TO ENHANCE EMERGENCY PREPAREDNESS.
Council adopted RESOLUTION NO. 2013-223. approving the grant application to the FY 2013 State
Homeland Security Grant Program to enhance fire and police emergency preparedness; and,
authorizing the City Manager or his designee to execute the grant application forms.
4. AB #21.358 - APPROPRIATE FUNDS TO SUPPORT THE NORTH COUNTY REGIONAL WINTER SHELTER
PROGRAM.
Council adopted RESOLUTION NO. 2013-224. approving the appropriation of funds from the
Housing Trust Fund to the Regional Winter Shelter Program to support the North County Regional
Winter Shelter Program; and, authorizing the City Manager to execute all appropriate documents.
5. AB #21.359 - ADVERTISE FOR BIDS FOR THE COASTAL RAIL TRAIL REACH 1 PROJECT AND
APPROPRIATE FUNDS FOR PUBUC ART IN THE PROPOSED ROUNDABOUT AT CARLSBAD BOULEVARD
AND STATE STREET. PROJECT 4012 .
Council adopted RESOLUTION NO. 2013-225. approving plans and specifications, and authorizing
the City Clerk to advertise for bids for the Coastal Rail Trail Reach 1 Project; and, authorizing the
Administrative Services Director to appropriate funds from the General Capital Construction
account for public art in the proposed roundabout at Carlsbad Boulevard and State Street, Project
4012.
6. AB #21.360 - APPROVE THE REIMBURSEMENT AGREEMENT FOR SPECIAL FINANCING DISTRICT
FORMATION DEPOSITS WITH BENT WEST. LLC.
Council adopted RESOLUTION NO. 2013-226. approving the reimbursement agreement for special
financing district formation deposits with Bent West, LLC; authorizing the City Manager to execute
the agreement; and, directing the City Clerk to record the agreement.
7. AB #21.361 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City Investments as of July 31, 2013.
September 10, 2013 Carlsbad City Council Regular Meeting Page 3
ORDINANCES FOR ADOPTION:
8. AB #21.362 - ESTABUSH ALL WAY STOP CONTROL AT HIGHLAND DRIVE AND BUENA VISTA
WAY/ELMWOOD STREET.
City Attorney Celia Brewer titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Packard, Council adopted
ORDINANCE NO. CS-223. approving an amendment to Title 10, Chapter
10.28 ofthe Carlsbad Municipal Code to require a stop on Highland Drive at
its intersection with Buena Vista Way.
AYES:
NOES:
Hall, Packard, Wood, Blackburn, Douglas.
None.
9. AB 21.363 - AMEND THE CITYWIDE SIGN ORDINANCE AND AMEND THE CARLSBAD MUNICIPAL CODE
TO ADD REGULATIONS REGARDING PRIVATE PARTY SIGNS ON CITY PROPERTY.
City Attorney Celia Brewer titled the Ordinances.
ACTION: On a motion by Mayor Pro Tem Packard, Council adopted
ORDINANCE NO. CS-226. repealing and reenacting the City's Sign
Ordinance, Title 21, Chapter 21.41 ofthe Carlsbad Municipal Code (ZCA 11-
03/LCPA 11-04).
AYES:
NOES:
Hall, Packard, Wood, Blackburn, Douglas.
None.
ACTION: On a motion by Mayor Pro Tem Packard, Council adopted
ORDINANCE NO. CS-227. amending Title 11 ofthe Carlsbad Municipal Code
by the addition of Chapter 11.44, Private Party Signs on City Property (MCA
13-01).
AYES:
NOES:
Hall, Packard, Wood, Blackburn, Douglas.
None.
PUBUC COMMENT:
Kayla Hatchett, Vista, member ofthe Pacific Belles Chorus, came forward to promote the Barbershop
Youth Harmony Festival.
September 10, 2013 Carlsbad City Council Regular Meeting Page 4
PUBUC HEARINGS:
10. AB #21.364 - APPROVE MAJOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE
BLUEWATER PROJECT AT 3056 CARLSBAD BOULEVARD. RP 12-31/CDP 12-28.
Assistant Planner Austin Silva gave the staff report and PowerPoint presentation (on file in the office of
the City Clerk).
Following questions from Council, Mr. Silva explained how the applicant met the standards of a
restaurant, hours of operation, duration and review periods ofthe Conditional Use Permit, patron and
employee parking provisions, noise concerns and security ofthe building and parking lot.
Mayor Hall opened the duly noticed Public Hearing at 6:35 p.m.
Applicant Barry James Blue II came forward to address issues and concerns from Council, and to explain
the gastro pub restaurant concept.
Judi Strange, Executive Director, San Dieguito Alliance for Drug Free Youth, came forward in opposition
to a brewery and the saturation of alcohol licenses in Carlsbad. She requested that Council consider a
responsible beverage sale and service ordinance, and offered free training for licensees to support such
an ordinance.
Sam Korn, Carlsbad, came forward to express his concern regarding noise mitigation for surrounding
property owners.
Janet Asaro, Carlsbad, addressed Council regarding the ratio of restaurant seats to bar seats, the hours of
operation, and stated the importance of continuing to attract families to Carlsbad.
Erica Leary, Program Manager, North Coastal Prevention Coalition, came forward to address Council
regarding the importance of training restaurant staff in responsible alcohol sales and service, and the
need to reduce underage drinking and driving under the influence incidents.
Mr. Blue responded to the speakers' concerns regarding noise and reiterated that the proposed
establishment will be a restaurant, not a bar, and that it will follow the Alcohol Beverage Control Board
regulations and guidelines.
Buck Thomson, the applicant's architect, explained that high top counter seating will account for
approximately twenty percent ofthe total seating, and that most ofthe table seating is on the street side
to buffer sound impacts against neighbors and surrounding residents.
Mayor Hall closed the public hearing at 6:57 p.m.
September 10, 2013 Carlsbad City Council Regular Meeting Page 5
ACTION: On a motion by Council Member Wood, Council adopted
RESOLUTION NO. 2013-227. approving a Major Review Permit (RP 12-31)
and Coastal Development Permit (CDP 12-28) to allow for the demolition of
all existing structures on site and the construction of a 6,637 gross square
foot restaurant with a microbrewery on the property located at 3056
Carlsbad Boulevard in Land Use District 9 ofthe Village Review Zone and the
R-3 zone in Local Facilities Management Zone 1.
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
11. AB #21.365 - APPROVE A GENERAL PLAN AMENDMENT. ZONING CHANGE AND LOCAL COASTAL
PROGRAM AMENDMENT FOR THE KELLY CORPORATE CENTER PROJECT ON THE SOUTHEAST CORNER
OF PALOMAR AIRPORT ROAD AND HIDDEN VALLEY ROAD. GPA 12-01/ZC 12-01/LCPA 12-02.
Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in the office ofthe
City Clerk).
Mr. Lynch responded to questions from Council Member Packard regarding the zoning change to both
buildings and the parking requirement if medical offices occupied one or two buildings.
Bill Hoffman, Hoffman Planning and Engineering, came forward to answer questions. No questions were
asked.
Mayor Hall opened the duly noticed public hearing at 7:05 p.m.
Seeing that no-one wished to speak. Mayor Hall closed the public hearing at 7:24 p.m.
City Attorney Celia Brewer titled the ordinance.
ACTION: On a motion by Mayor Pro Tem Packard, Council introduced
ORDINANCE NO. CS-228. amending Section 21.05.030 ofthe Carlsbad
Municipal Code by an amendment to the Zoning Map to grant a zone
change from Planned Industrial, Qualified Development Overlay Zone (P-M-
Q) and Open Space (OS) to Office (O) and Open Space (OS) on property
generally located at the southeast corner of Palomar Airport Road and
Hidden Valley Road in Local Facilities Management Zone 5; and.
September 10, 2013 Carlsbad City Council Regular Meeting Page 6
RESOLUTION NO. 2013-228. approving -
1) a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program,
2) an amendment to the General Plan to change the General Plan land use
designation from Planned Industrial (PI) and Open Space (OS) to Office (O)
and Open Space (OS); and,
3) a Local Coastal Program Amendment on a 7.5 acre site generally located
at the southeast corner of Palomar Airport Road and Hidden Valley Road in
Local Facilities Management Zone 5.
AYES: Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
BOARD:
Mayor Hall adjourned to the Joint Special Meeting ofthe Carlsbad Municipal Water District Board at
7:08 p.m.
RECONVENE:
Mayor Hall reconvened the Regular City Council Meeting at 7:28 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14. AB #21.367 - PARKS AND RECREATION DEPARTMENT NEEDS ASSESSMENT PROGRESS REPORT.
Parks and Recreation Director Chris Hazeltine and Consultant Neelay Bhatt gave the staff report and
PowerPoint presentation (on file in the office of the City Clerk).
Discussion ensued regarding activities that scored better or worse than expected, using the report to assist
in the design of future community facilities, and community feedback of not being aware of programs or
activities being offered. Mr. Hazeltine responded that the Communications Department uses many media
strategies to inform the community. Mr. Bhatt recommended assessing the return on investment of
marketing materials to assess their effectiveness.
The following people came forward to address Council to promote pickleball:
Mark Remas, Carlsbad
Alex Hamner, Carlsbad
Alan Risley, Carlsbad, addressed Council to promote disk golf.
September 10, 2013 Carlsbad City Council Regular Meeting Page 7
Mr. Hazeltine stated that a final assessment and action plan recommendations will be brought to Council
for consideration on November 5, 2013.
15. AB #21.368 - AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY
COMMITTEE FUNDING RECOMMENDATIONS. RENEWAL OF THE COMMITTEE'S TERM. OPERATING
BUDGET FOR THE COMMITTEE'S TERM AND APPOINTMENT OF MEMBERS TO THE COMMITTEE.
Associate Planner Kevin Pointer gave the staff report and PowerPoint presentation (on file in the office of
the City Clerk).
Discussion ensued regarding beach sand replenishment - past and future program funds, SANDAG
assistance and the availability of federal and state funds. Mr. Pointer stated that the project that was
completed in 2012 had been achieved at a lower cost to the City because 85% was funded by the state.
He also stated that no specific funding has been set aside for future sand replenishment programs.
Mr. Pointer confirmed that six applications were received, and all were being recommended for funding.
Chris Calkins, Carlsbad Ranch Company, L.P., gave a PowerPoint presentation regarding the proposed
project for which the request for funds has been made (on file in the office ofthe City Clerk).
Mr. Calkins responded to questions from Council regarding the potential of the project, the importance
of having a road built to Carlsbad standards, matching funds, the Flower Fields' success and the specific
timelines for the proposed project.
Mr. Pointer explained that the City has measures in place, through a funding agreement, to chronicle
installments and timelines, and ensures that the applicant achieves milestones before funds are released.
Council Member Packard stated that his vote reflected his belief that the previously committed funds for
beach sand replenishment should be kept for that purpose.
ACTION: On a motion by Council Member Blackburn, Council adopted
RESOLUTION NO. 2013-230. approving the reallocation of funds from the
Agricultural Conversion Mitigation Fee fund to the organizations
recommended by the Agricultural Conversion Mitigation Fee Ad Hoc
Citizens' Advisory Committee; and, to consider renewing the term ofthe
Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee
for an additional four years; and to consider approving the current budget
for the Committee's term; and, to consider appointing members to the
Committee for four-year terms.
AYES: Hall, Wood, Blackburn, Douglas.
NOES: Packard.
September 10, 2013 Carlsbad City Council Regular Meeting Page 8
16. AB #21.369 - REJECT BIDS FOR PARKS MAINTENANCE SERVICES REQUESTS FOR PROPOSALS. BID NO.
14-01 AND RE-ISSUE THE REQUEST FOR PROPOSALS.
Parks and Recreation Director Chris Hazeltine gave the staff report and PowerPoint presentation (on file
in the office ofthe City Clerk).
The following people spoke in support of rejecting all bids, but in opposition to the re-issue of the
Request for Proposals -
Ty Gillespie, President ofthe City of Carlsbad Employees Association
Amy Jordan, Carlsbad
Mr. Hazeltine responded that the requirement changes to the Request for Proposals were acceptable to
the City of Carlsbad Employees Association, and that he believed the extended time period would enable
some companies, who missed the previous deadline, to bid.
Council Member Blackburn expressed concern that lowering the experience level could reduce current
standards. He stated that bids previously submitted are on file and are public records, which may affect
the City's credibility or give forthcoming bidders an unfair advantage.
Mr. Hazeltine confirmed that contractors who have previously submitted will have to resubmit.
ACTION: On a motion by Mayor Pro Tem Packard, Council adopted
RESOLUTION NO. 2013-231. rejecting all bids received for the Parks
Maintenance Services Request for Proposals #14-01 and directing staff to
re-issue the Request for Proposals.
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.
September 10, 2013 Carlsbad City Council Regular Meeting Page 9
ANNOUNCEMENTS:
Mayor Hall announced that Council Members have been invited to attend, and may be participating in
the following events:
Thursday, September 12, 2013 - 5:00 p.m. to 7:45 p.m.
City of Carlsbad Citizens' Academy
1200 Carlsbad Village Drive
Carlsbad, CA
Tuesday, September 17, 2013 - 9:00 a.m. to 11:00 a.m.
Carlsbad City Council Meeting
Faraday Administration Center
1635 Faraday Avenue
Carlsbad, CA
Thursday, September 19, 2013 -10:00 a.m.
Lowe's Grand Opening Ceremony
Lowe's of Carlsbad
2515 Palomar Airport Road
Carlsbad, CA
ADJOURNMENT:
By proper motion. Mayor Hall adjourned the Regular Meeting of September 10, 2013 at 9:26 p.m., in
memory of Arthur Wood.
BARBARA ENGLESON
City Clerk
DONNA HERATY
Deputy City Clerk