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Home My WebLink About2016-01-26; City Council; Minutes (2)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: Tuesday, January 26, 2016 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: 6:00 p.m. ROLL CALL: Hall, Wood, Schumacher, Blackburn, Packard. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Lorraine Wood led the Pledge of Allegiance. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney reported that the City Council authorized the initiation of litigation of one case. PUBLIC HEARING ITEM NO. 9 Interim City Manager Kathy Dodson announced staff has recommended continuation of Item No. 9 to the February 23, 2016 Council Meeting due to a letter of opposition received from the San Luis Ray Band of Mission Indians. Staff is requesting more time to work with the San Luis Ray Band of Mission Indians to help resolve any outstanding issues related to the project. 9. AB #22,204 -Introduction of Ordinance Nos. CS-292 and CS-293, approving Zone Change 14-02 and Specific Plan Amendment SP 207(k); and adopt Resolution Nos. 2016-021 and 2016-022, certifying the Environmental Impact Report EIR 15-02, adopting the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program and approving a General Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development Permit (Case Name: Westin Hotel and Timeshare) as recommended for approval by the Planning Commission. City Manager's Recommendation: Take public input, close the public hearing and adopt Resolution Nos. 2016-021 and 2016-022, and introduce Ordinance Nos. CS-292 and CS-293 by title only and schedule the second reading and adoption of the ordinances for a future meeting. Motion by Mayor Pro Tern Wood, seconded by Council Member Schumacher to approve continuance of Item No. 9 to February 23, 2016. Motion carried unanimously. January 26, 2016 Carlsbad City Council Regular Meeting Page 2 PRESENTATION: None. APPROVAL OF MINUTES: Motion by Mayor Pro Tern Wood, seconded by Council Member Schumacher to approve the minutes as presented. Motion carried unanimously. Minutes of the Special Meeting held January 12, 2016. Minutes of the Regular Meeting held January 12, 2016. CONSENT CALENDAR: Item No. 3 was pulled for discussion by Council Member Packard. Motion by Mayor Pro Tern Wood, seconded by Council Member Schumacher to approve Item Nos. 1, 2, 4 and 5. Motion carried unanimously. Motion by Mayor Pro Tern Wood, seconded by Council Member Schumacher to approve Item No.3. Motion carried 4-1, with a no vote from Council Member Packard. 1. AB #22,197-Approval of Resolution No. 2016-014, approving plans and specifications and authorizing to advertise for bids for the Northwest Quadrant Storm Drain Program, Roosevelt North, Project No. 6608. 2. AB #22,198-Approval of Resolution No. 2016-015, approving ratification agreement with CSDI, LLC for right turn lane improvements from east-bound Palomar Airport Road to south-bound El Camino Real, Project. No. 6039. 3. Pulled for discussion. AB #22,177-Approval of Resolution No. 2016-002, approving Ratification of Amendment No. 2 to Agreement with The Land Stewards for installation of stormwater best management practices in the Poinsettia fire burn area as may be needed because of the El Nino Storms. 4. AB #22,199 -Approval of Resolution No. 2016-016, authorizing settlement of workers' compensation claim of Michael Van Bibber for $97,222. 5. AB #22,200-Approval of Resolution No. 2016-017, approving the amended and restated City Attorney employment agreement with Celia A. Brewer with an annual fiscal impact of $29,900. January 26, 2016 Carlsbad City Council Regular Meeting Page 3 PUBLIC COMMENT: Michelle Altenhoff spoke regarding La Costa Canyon Maverick Cheer Group's accomplishments. Lance Schulte wanted thanked the council for all the work that had been done on the Desalination Plant. ORDINANCE FOR INTRODUCTION: 6. AB #22,201-lntroduce Ordinance No. CS-291, amending the Carlsbad Municipal Code Chapter 5.60 Short-term Vacation Rentals, Section 5.60.030, to allow short-term vacation rentals in the La Costa Resort and Spa Master Plan area, to include the Balboa and Cortez buildings located at 2003 and 2005 Costa Del Mar Road. City Manager's Recommendation: Introduce Ordinance No. CS-291 by title only and schedule the second reading and adoption of the ordinance for a future meeting. Interim City Manager Kathy Dodson introduced the item. Assistant City Manager Gary Barberio and Assistant to the City Manager Jason Haber provided a PowerPoint presentation (on file in the office of the City Clerk). PUBLIC SPEAKERS: Robert Miller inquired about possible future opportunities for La Costa property owners being included as a part of this short-term rental property code change. Joe Donegan suggested that the City provide short-term property owners with a pre-printed, 9x12, contact information card to place on their windows. Speakers in support: Mike and Robyn Peterson Michael Kim Leslie Hall Roberta Murphy Claudia Hansen Paulette Fennel/a Speakers in opposition: Jes Hinrichs Tracy Teregis Christine Christoph Allan Miller Mary Luke Diane Takayaina January 26, 2016 Carlsbad City Council Regular Meeting Page4 Assistant City Manager Gary Barberio responded to questions from Council Member Schumacher regarding future opportunities for properties similar to this being able to be included as a part of this code change. Mr. Barberio stated that other properties would have to be evaluated on an individual basis as every property is unique and may not meet the conditions. Assistant to the City Manager Jason Haber responded to questions from Council Member Packard regarding the results of the property owners' votes. He stated that the Balboa building was approved with 80 percent in favor and the Cortez building was approved with 61 percent in favor. City Attorney Celia Brewer titled the ordinance. ACTION: Motion by Council Member Schumacher, seconded by Council Member Packard, to Introduce Ordinance No. CS-291 by title only and schedule the second reading and adoption of the ordinance for a future meeting. Motion carried 3/2 (Wood and Blackburn- No). ORDINANCE FOR ADOPTION: None. PUBLIC HEARING: 7. AB #22,202-Approval of Resolution No 2016-018, approving a Major Review Permit RP 15- 10 to allow for the construction of a 2-story, 2,579 square foot single family residence with attached two car garage on property located on the east side of Roosevelt Street between Laguna Drive and Beech Avenue in Land Use District 8 of the Village Review Zone and within Local Facilities Management Zone 1. City Manager's Recommendation: Take public input, close the public hearing and adopt Resolution No. 2016-018. At 7:05 p.m., Mayor Matt Hall recused himself from Item No. 7 and Item No. 8 due to a conflict with the noticed area. Mayor ProTem Lorraine Wood presided over the remainder of the meeting. Interim City Manager Kathy Dodson introduced the item. Associate Planner Greg Fischer provided a PowerPoint presentation. Mayor ProTem Wood opened the Public Hearing at 7:14 p.m. PUBLIC SPEAKERS: Rod Halloway, the applicant's representative, offered to answer any questions the Council may have regarding the project. January 26, 2016 Carlsbad City Council Regular Meeting Page 5 Mayor Pro Tern Wood closed the Public Hearing at 7:15 p.m. ACTION: Motion by Mayor Pro Tern Schumacher, seconded by Council Member Blackburn, to adopt Resolution No. 2016-018. Motion carried 4/0/1 {Hall -Absent). 8. AB #22,203 -Approval of Resolution No. 2016-019, approving a Major Review Permit Amendment RP 92-10 {A) and Coastal Development Permit Amendment CDP 92-08 (A) to allow the addition of 2,049 square feet of interior restaurant space, a 1,202 square foot outdoor dining area to an existing 3,346 square foot restaurant, and participation in the Parking In-Lieu Fee Program for 21 parking spaces on property located at 417 Carlsbad Village Drive, and located within Land Use District 1, Carlsbad Village Center, of the Village Review (V-R) Zone and in Local Facilities Management Zone 1, Case Name: Bluewater Grill, Case No. RP 92-10{A)/CDP 92-08{A); and, Approval of Resolution No. 2016-120, approving a Parking In-Lieu Fee Program Participation Agreement with Butler Properties, LLC, property owner, for the project known as Bluewater Grill located at 417 Carlsbad Village Drive in Land Use District of the Village Review Zone and within Local Facilities Management Zone 1. City Manager's Recommendation: Take public input, close the public hearing and adopt Resolution Nos. 2016-019 and 2016-020. Interim City Manager Kathy Dodson introduced the item. Assistant Planner Chris Garcia presented a PowerPoint presentation. Mayor Pro Tern Wood opened the Public Hearing at 7:20 p.m. Seeing no one wishing to speak, she closed the Public Hearing at 7:21 p.m. ACTION: Motion by Council Member Schumacher, seconded by Council Member Blackburn, to adopt Resolution Nos. 2016-019 and 2016-020. Motion carried 4/0/1 (Hall - Absent). DEPARTMENTAL AND CITY MANAGER REPORTS: None. COUNCIL REPORTS AND COMMENTS: Mayor Pro Tern 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. January 26, 2016 Carlsbad City Council Regular Meeting ANNOUNCEMENTS: Thursday, February 4, 2016-2:00 p.m. City of Carlsbad Police Department Awards Ceremony Public Safety Training Center 5750 Orion Street Carlsbad, CA 92008 ADJOURNMENT: Meeting was adjourned at 7:29p.m. Favi edina Deputy City Clerk Page 6