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Home My WebLink About2016-05-03; City Council; MinutesMINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: Tuesday, May 3, 2016 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: 6:00p.m. ROLL CALL: Hall, Wood, Schumacher, Blackburn, Packard INVOCATION: Pastor Augie ladicicco of Redeemer by the Sea Lutheran Church led the Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Wood led the Pledge of Allegiance. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action. APPROVAL OF MINUTES: None. PRESENTATIONS: Mayor Pro Tern Wood presented a Proclamation to Paramedic/Firefighter John Macissac in recognition of Water Safety Month, May 2016. Mayor Hall introduced Thomas Harrington, North County Fire Protection and Explorer Board Member, to present the "Journey of Excellence Awards" to the Carlsbad Fire Department Explorer Post #2200 and Carlsbad Police Explorer Post #781. CONSENT CALENDAR: ACTION: Motion by Mayor Pro Tern Wood, seconded by Council Member Schumacher, to approve Consent Calendar Item Nos. 1 through 6. Motion carried unanimously, 5/0. 1. AB #22,276 -Approval of Resolution No. 2016-080 authorizing submission of a proposed amendment to the 2014 Regional Transportation Improvement Program, adding $11,700 for the Regional Arterial Management System, to the San Diego Association of Governments. 2. AB #22,277 -Approval of Resolution No. 2016-081 authorizing the acceptance of a $1,054,000 Active Transportation Grant Agreement from the San Diego Association of Governments (SANDAG) and appropriate $846,000 in Gas Tax Funds for Project No. 6058 Carlsbad Boulevard and Tamarack Avenue Pedestrian Improvements. May 3, 2016 Carlsbad City Council Regular Meeting Page 2 3. AB #22,278-Approval of Resolution No. 2016-082 approving the plans and specifications, a temporary right of entry agreement, appropriation of funds in the amount of $185,000, and authorization to advertise for bids for the Agua Hedionda Creek Storm Drain Outfall and Streambank Restoration Project, Project No. 6618. 4. AB #22,279 -Approval of Resolution No. 2016-083 authorizing out of state travel for Fire Department personnel to attend the Hazard Zone Management Conference in Phoenix, Arizona, on June 9-10, 2016. 5. AB #22,280-Approval of Resolution No. 2016-084 approving and authorizing the purchase of furniture and equipment from G/M Business Interiors in an amount not to exceed $232,000 for the Dove Library Renovation Project, Project 1\Jo. 4030. 6. AB #22,281-Report on City Investments as of March 31, 2016. ORDINANCE FOR INTRODUCTION: 7. AB #22,285-Discuss and consider alternatives related to the sale of dogs and cats in retail stores, including introducing an ordinance regulating retail sales, adopting a resolution to initiate state and federal action, or take no action. Assistant to the City Manager Jason Haber and San Diego County Deputy Director of Animal Services Harold Holmes presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Submitted a speaker slip in support of an ordinance regulating the retail sale of puppies and kittens but did not wish to speak: Sean Lynch; Dahvia Lynch; Michelle Desautels. Spoke in support of an ordinance regulating the retail sale of puppies and kittens: Pam Slater- Price; Karen Clayton; Rebekah Snyder; Elizabeth Greek; Theresa Donnelly; Nancy Kurth; Larry Posner; Lisa Hamilton; Susan Powell; Andrea Cunningham; Rio Quinn; Jim Kilby; Holly St. John; Bill Fowler; Judy Mancuso; Scott Sterling; Dr. Julie Fisher; Stephen MacKinnon; Victoria Shepherd; Pam Slater-Price; Laurie Michaels; Leslie Davies; Kathryn Diwell; Bryan Pease; Ronnie Stearall; Thomas Krouse. Spoke in opposition to an ordinance regulating the retail sale of puppies and kittens: Gianna Petersen; Alexis Coons; Haley Luce; Alvin Thomas; Alyssa Cheeseman; Alycia Oystermann; Jasmin Ramirez; John Loam; Stephanie Vaugh. Mayor Hall declared a recess at 7:49p.m. Mayor Hall reconvened the meeting at 7:54p.m. with all Council Members present. May 3, 2016 Carlsbad City Council Regular Meeting Page 3 In response to an inquiry from Council Member Blackburn, Deputy Director Holmes explained that there are several rescue organizations within the County where pure breed dogs may be rescued. He also explained that there are three county animal shelters where 200-300 animals are available for adoption. Council Member Blackburn spoke in support of adopting the resolution directing City staff to pursue state and federal legislation regarding the retail sale of dogs and cats. He also spoke in support of the ordinance amending Title 7 of the Carlsbad Municipal Code relating to the retail sale of dogs and cats. Mayor Pro Tern Wood also spoke in support of the resolution and ordinance. Council Member Schumacher stated that he had met with the owners of Carlsbad Pets and Animal Rights Groups. He stated that he too would support the resolution and ordinance. Council Member Blackburn suggested that the ordinance be amended as follows: 1. Inclusion of Definitions for "8. Certificate of Source" and "9. Non-commercial breeding establishment" 2. Deletion of Exemption for "1. Existing pet stores" 3. Inclusion of Exemption for "1. Sale of dogs and cats from non-commercial breeding establishments" 4. Inclusion of "7.16.010 e. Certificate of Source", requiring display of certificate 5. Inclusion of "7.16.010 f. Existing Pet Stores", allowing continued retail sale until November 10, 2016 ACTION: Motion by Council Member Schumacher seconded by Council Member Packard, to introduce Ordinance No. CS-296 amending Title 7 of the Carlsbad Municipal Code with the addition of Chapter 7.16 as amended above; and adopt Resolution No. 2016-088 direction City staff to pursue state and federal legislation regarding the retail sale of dogs and cats. Motion carried unanimously, 5/0. Mayor Hall declared a recess at 8:31 p.m. Mayor Hall reconvened the meeting at 8:35p.m. with all Council Members present. ORDINANCE FOR ADOPTION: None. PUBLIC COMMENT: None. May 3, 2016 Carlsbad City Council Regular Meeting Page 4 PUBLIC HEARINGS: 8. AB #22,282-Approval of a resolution approving and authorizing the submission of the 2015- 2016 Annual Action Plan Amendment and the 2016-2017 Action Plan for Community Development Block Grant {CDBG) funding to the U.S. Department of Housing and Urban Development. Management Analyst Courtney Pene presented the report and reviewed a PowerPoint presentation (on file in the Office ofthe City Clerk). Mayor Hall opened the duly noticed Public Hearing at 8:40p.m. Socorro Anderson, Vice President of La Posada, expressed her appreciation for the Council's support. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 8:42p.m. ACTION: Motion by Mayor ProTem Wood, seconded by Council Member Schumacher, to adopt Resolution No. 2016-085 approving and authorizing the submission of the 2015-2016 Annual Action Plan Amendment and the 2016-2017 Action Plan for Community Development Block Grant (CDBG) Funding to the U.S. Department of Housing and Urban Development. Motion carried unanimously, 5/0. 9. AB #22,283 -Approval of a resolution approving the Carlsbad Transnet Local Street Improvement Program of Projects for fiscal years 2016-17 through 2020-21, for inclusion in the 2016 San Diego Association of Governments Regional Transportation Improvement Program. Senior Engineer Marshall Plantz presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 8:48p.m. Seeing no one wishing to speak, Mayor Hall closed the Public Hearing at 8:48p.m. ACTION: Motion by Mayor Pro Tem Wood, seconded by Council Member Schumacher, to adopt Resolution No. 2016-086 approving the Carlsbad Transnet Local Street Improvement Program of Projects for Fiscal Years 2016-17 through 2020-21, for inclusion in the 2016 San Diego Association of Governments Regional Transportation Improvement Program. Motion carried unanimously, 5/0. May 3, 2016 Carlsbad City Council Regular Meeting Page 5 10. AB #22,284-Approval of a resolution approving a Tentative Tract Map CT 15-06 and Major Review Permit RP 15-07 to allow the construction of a four-story mixed-use building consisting of 8 residential units, 13 timeshare units, 781 square feet of commercial space and a two level enclosed parking garage situated on a 0.249-acre project site located at 2646 State Street within District 4-Residential Support Area of the Village Review (VR} Zone and Local Facilities Management Zone 1, Case Name: The Wave, Case No. CT 15-06/RP 15-07. Associate Planner Greg Fisher presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk}. In response to an inquiry from Council Member Blackburn, Planner Fisher stated that the project as presented does not require a variance. Mayor Pro Tem Wood confirmed with staff that the timeshare component of the development would be disclosed in advance to those wishing to purchase the residential units. Mayor Hall asked if staff was aware of any other projects in the City that incorporates a timeshare/condominium use. Planner Fisher responded that there are none in Carlsbad; however, other places in the United States does have them. Kurt Mueller, representing the applicant, came forward to address Council. Mr. Mueller explained that timeshare/condominium style projects occur mostly in resort areas. Mayor Hall opened the duly noticed Public Hearing at 9:15p.m. Spoke in opposition of the proposed project: Kristine Wright; Tom Rudd; Maria Certa. Spoke in support of the proposed project: Socorro Andersen. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 9:21 p.m. In response to Council Member Packard, City Planner Don Neu explained that the Planning Commission had conditioned the project to require seven consecutive day minimum rental of the timeshare units. Mayor Hall expressed concerns relating to the compatibility of commercial timeshares and residential units within the same property. Council Member Schumacher spoke in support ofthe project. May 3, 2016 Carlsbad City Council Regular Meeting Page 6 Council Member Packard confirmed with the City Attorney that the proposed project is not in conflict with the City's short-term vacation rental ordinance. Mayor Pro Tern Wood expressed concerns relating to the compatibility of the proposed project within the neighborhood and stated that she would not be supporting approval of the project. ACTION: Motion by Council Member Schumacher, seconded by Council Member Blackburn to adopt Resolution No. 2016-087 approving a Tentative Tract Map CT 15-06 and Major Review Permit RP 15-07 to allow the construction of a four-story mixed-use building consisting of 8 residential units, 13 timeshare units, 781 square feet of commercial space and a two level enclosed parking garage situated on a 0.249-acre project site located at 2646 State Street within District 4-Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1, Case Name: The Wave, Case No. CT 15-06/RP 15-07. Motion carried 3/2 (Hall and Wood-No). DEPARTMENTAL AND CITY MANAGER REPORTS: None. COUNCIL REPORTS AND COMMENTS: Mayor Pro Tern Wood 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 the next meeting of the City Council would take place on Tuesday, May 10, 2016 at 9:00 a.m. in the Council Chamber located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. ADJOURNMENT: Mayor Hall adjourned the meeting at 9:58 p.m. }~\ ,,_, r·:;--, (1~) , ;~i n L0o~~J\ , tlt..)ic:..... ;;;;st._:-· Sheila R. Cobian, CMC City Clerk Services Manager