HomeMy WebLinkAbout2016-09-27; City Council; Minutes (2)of CAN CITY COUNCIL Council Chamber
•1200 Carlsbad Village DrivefiMinutesCarlsbad, CA 92008
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September 27, 2016, 6 p.m.
CALL TO ORDER:6:00 p.m.
ROLL CALL:Hall, Wood, Schumacher, Blackburn, Packard.
INVOCATION:None.
PLEDGE OF ALLEGIANCE:Mayor Pro Tem Wood led the Pledge of Allegiance.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION:
City Attorney Celia Brewer announced that the City Council met in Closed Session at 4:00 p.m.
and that there was no reportable action.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held August 23, 2016.
Mayor Hall announced that he would be abstaining from approval of the minutes due to the fact
he was absent from that meeting.
Motion by Mayor Pro Tem Wood, seconded by Council Member Schumacher, to approve the
minutes as presented. Motion carried, 4/0/1 (Hall —Abstain).
PRESENTATIONS:
Mayor Hall presented a Proclamation in recognition of Library Board of Trustee Marie Bradley.
Ms. Bradley thanked the Council for giving her the opportunity to serve the community.
Board of Trustee Representatives Frank Merchat and Jackie Simon of Mira Costa College gave an
update regarding new activities at the College and Measure MM that will appear on the
November General Election ballot.
CONSENT CALENDAR:
Item No.5 was pulled for discussion.
ACTION:Motion by Mayor Pro Tem Wood,seconded by Council Member Schumacher,to
approve Consent Calendar Item Nos.1 through 4, 6 and 7.Motion carried 5/0.
1.FISCAL YEAR 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT —Approval of
Resolution No.2016-193 accepting and appropriating funds in the amount of $18,408 for
police equipment through the Fiscal Year 2016 Edward Byrne Memorial Justice Assistance
Grant Program. (Staff contact:Matt Thompson, Police)
September 27, 2016 Carlsbad City Council Regular Meeting Page 2
2.AGREEMENTS FOR AS-NEEDED HORIZONTAL CONSTRUCTION MANAGEMENT & INSPECTION
SERVICES,VERTICAL CONSTRUCTION MANAGEMENT &INSPECTION SERVICES AND
PROFESSIONAL SERVICE AGREEMENTS FOR MATERIALS TESTING SERVICES -Approval of
Resolution No. 2016-194 authorizing execution of Master Service Agreements in an amount
not to exceed $800,000 per year for as-needed horizontal construction management and
inspection services with Richard Brady & Associates, Butier Engineering, Inc., Infrastructure
Engineering Corporation and Kleinfelder-Simon Wong; and,
Approval of Resolution No. 2016-195 authorizing execution of Master Service Agreements in
an amount not to exceed $400,000 per year for as-needed vertical construction management
and inspection services with Griffin Structures, Inc., Kitchell CEM, Inc. and Schneider CM, Inc.;
and,
Approval of Resolution No.2016-196 authorizing execution of Professional Service
Agreements in an amount not to exceed $600,000 per year for as-needed materials testing
services with Leighton Consulting,Inc.and SCST,Inc.(Staff contact:Fred Gaines,Public
Works)
3.CONSTRUCTION CONTINGENCY FOR EL CAMINO REAL ROAD WIDENING,MEDIAN
IMPROVEMENTS,UNDERGROUNDING UTILITIES,AND UPGRADING TRAFFIC SIGNALS
(PROJECT NOS. 3957, 3643, 6302 & 6303)—Approval of Resolution No. 2016-197 authorizing
the appropriation of additional construction contingency on the El Camino Real Road
widening,median improvements,undergrounding utilities,and upgrading traffic signals.
(Staff contact:Casey Arndt, Public Works)
Cori Schumacher expressed concerns relating to the costs and delay in the completion of the
El Camino Real Road Widening Project.
4.2015-2016 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR THE
CDBG PROGRAM —Adoption of Resolution No.2016-199 approving the 2015-2016
Consolidated Annual Performance and Evaluation Report for the Community Development
Block Grant Program and authorizing submission of the report to the US Department of
Housing and Urban Development.(Staff contact:Courtney Pene, Housing & Neighborhood
Services)
This item was pulledfor discussion.
5.PLANS AND SPECIFICATIONS FOR AVIARA COMMUNITY PARK PHASE II &POINSETTIA
COMMUNITY PARK PHASE III CONSTRUCTION (CIP PROJECT NOS. 4604 AND 4605)—Approval
of a resolution approving the contract documents,plans and specifications for the Aviara
Community Park —Phase II Construction and the Poinsettia Community Park —Phase III
Construction and authorizing the City Clerk to advertise the projects for public bids.(Staff
contact:Barbara Kennedy, Parks & Recreation)
6.AMENDMENT NO.1 TO MASTER SUPPORT AGREEMENT WITH TIBURON,INC.—Approval of
Resolution No. 2016-200 approving Amendment No.1 to the Master Support Agreement with
Tiburon, Inc.(Staff contact:Maria Callander, Police)
September 27, 2016 Carlsbad City Council Regular Meeting Page 3
7.REPORT ON CITY INVESTMENTS —Acceptance of report on City Investments as of August 31,
2016. (Staff contact:Nancy Sullivan, Treasury)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION
5.PLANS AND SPECIFICATIONS FOR AVIARA COMMUNITY PARK PHASE II &POINSETTIA
COMMUNITY PARK PHASE III CONSTRUCTION (CIP PROJECT NOS. 4604 AND 4605) —Approval
of Resolution No. 2016-199 approving the contract documents, plans and specifications for
the Aviara Community Park —Phase II Construction and the Poinsettia Community Park —
Phase III Construction and authorizing the City Clerk to advertise the projects for public bids.
(Staff contact:Barbara Kennedy, Parks & Recreation)
Parks &Recreation Director Chris Hazeltine and Parks Superintendent Kyle Lancaster
presented the staff report and reviewed a PowerPoint presentation (on file in the office of
the City Clerk).
Council Member Packard confirmed that a six foot vinyl coated, chain link fence is proposed
to separate the large dog from the small dog area in the dog park proposed for Poinsettia
Community Park.
Council Member Blackburn asked how staff determined the ranking of the proposed
amenities and improvements for the parks.
Director Hazeltine explained that the ranking was the result of extensive outreach to the
community via meetings and surveys over the past year.
Mayor Hall announced that the Council received several e-mails regarding safety concerns at
the proposed dog park.
Director Hazeltine explained that in terms of safety, dogs will need to be on a leash until they
reach the off-leash dog park area.
Pam Tucker expressed concerns relating to the proposed location of the dog park and the
proximity to the playground.She suggested placing the dog park where the pickleball courts
are proposed to be located.
Mary LeBlanc spoke in support of the dog park. However, suggested that if the proposed dog
park needs to be moved, it should be relocated to the area where the multi-sports arena is
being proposed.
Dan Livingston expressed opposition to locating a dog park in the area that is currently used
by many park goers for unobstructed play.
Amy Livingston also expressed opposition to the proposed location of the dog park at
Poinsettia Park.
September 27, 2016 Carlsbad City Council Regular Meeting Page 4
Jessica Price also spoke in opposition to the proposed location of the dog park at Poinsettia
Park.
Kelcy Price expressed concerns relating to losing the grassy area to the proposed dog park.
Ashley Andrews asked that the Council reconsider the location of the dog park and the current
proposed placement adjacent to the children's play area.
Hugh Gerhardt encouraged the Council to consider constructing the dog park where the
Pickleball fields are being proposed.
Chris King spoke in support of moving the proposed dog park location.
In response to an inquiry from Council Member Blackburn, Director Hazeltine explained that
if Council directed staff to move the proposed dog park, the approved Master Plan would
need to be changed and that staff would need to go back to the community with additional
outreach.The result would be a possible delay of another year.
Council Member Packard commented that based on previous experiences with constructing
dog parks, staff determined that the proposed location is the best location for the dog park
within Poinsettia Park.
Council Member Blackburn stated that he can support staff's recommendation for the
location of the dog park.
Council Member Schumacher also spoke in support of staff's recommendation.
Mayor Pro Tern Wood spoke in support of staff's recommendation.However, encouraged
staff to look at developing additional unstructured play areas for children.
Mayor Hall stated he would support staff's recommendation.
ACTION:Motion by Mayor Pro Tem Wood, seconded by Council Member Schumacher, to
adopt Resolution No. 2016-199.Motion carried unanimously, 5/0.
Mayor Hall announced item No.12 was being returned to staff.However,he invited anyone
wishing to speak about the item to do so at this time.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12.NORTH CARLSBAD BEACH AREA PUBLIC SAFETY —Receive a status report on north beach area
public safety issues and provide feedback to staff. (Staff contact:Fire Chief Mike Davis and
Police Chief Neil Gallucci)
Andy Weissenberger expressed concerns relating to the safety of beach goers at the north
beach area.
Council returned this item to staff.
September 27, 2016 Carlsbad City Council Regular Meeting Page 5
RECESS
Mayor Hall declared a recess at 7:34 p.m.
Mayor Hall reconvened the meeting at 7:40 p.m. with all members present.
ORDINANCES FOR INTRODUCTION:None.
ORDINANCES FOR ADOPTION:None.
PUBLIC COMMENT:
Ann Tanner expressed concerns relating to the City's pension unfunded liability.
Brian Connor expressed concerns relating to code enforcement being complaint driven rather
than proactive in nature.
De'Ann Weimer speaking on behalf of Citizens for North County requested that the City of
Carlsbad establish a Board and Code of Ethics.
PUBLIC HEARINGS:
Per the applicant's request, this item was continued from the Regular Meeting of September 13, 2016.
13. GUNTHER GUNS SHOOTING RANGE CONDITIONAL USE PERMIT 15-09 —Adoption of
Resolution No.2016-201 approving a Conditional Use Permit to allow for a 16 lane indoor
shooting range and a 1,680 square foot retail gun store within a 13,932 square foot stand-
alone building on property located at 2717 Loker Avenue West within the Carlsbad Airport
Business Center Specific Plan and Local Facilities Management Zone 5.(Staff contact:Jason
Goff, Community & Economic Development)
Senior Planner Jason Goff presented the report and reviewed a PowerPoint presentation (on
file in the Office of the City Clerk).
In response to Mayor Pro Tem Wood, Planner Goff explained that the project would meet
the City's noise standards.
Council Member Packard confirmed that operational review of the project would occur on an
annual basis unless complaints were received.
In response to an inquiry from Council Member Schumacher,Planner Goff confirmed that
approval of the proposed project would not preclude any type of other permitted uses on the
adjacent properties.
Mike Howes,Howes, Weiler and Associates, came forward to address Council on behalf of
the applicant.Mr. Howes requested that the Council approve the project.
•
September 27, 2016 Carlsbad City Council Regular Meeting Page 6
Mayor Hall opened the duly noticed Public Hearing at 8:14 p.m.
Jan Neff-Sinclair expressed concerns relating to the location of the project in relation to a
brewery.
Stacy King spoke in opposition to the proposed project.
Kevin Hall spoke in support of the proposed project.
Mark Norquist spoke in support of the proposed project.
(Chris King submitted a speaker slip in opposition to the project, however did not speak.)
Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 8:22 p.m.
Mayor Pro Tern Wood disclosed that she met with the project applicant and stated she could
support the project.
Council Member Schumacher also spoke in support of the project.
Council Member Blackburn disclosed that he had met with the project applicant and visited
the site.
Council Member Packard stated he would support the project as presented.
Mayor Hall also stated that he could support the project.
ACTION:Motion by Mayor Pro Tern Wood, seconded by Council Member Schumacher, to
adopt Resolution No. 2016-201. Motion carried unanimously, 5/0.
14. APPEAL OF CITY PLANNER'S DENIAL OF A FOUR LOT RESIDENTIAL SUBDIVISION (CASE NAME:
EL FUERTE VIEW /PROJECT NO: CT 04-13) —Adoption of Resolution No. 2016-202 as amended
denying an appeal and upholding the City Planner's decision to deny a four lot single-family
residential lot subdivision Tentative Map CT-04-13,El Fuerte View.(Staff contact:Christer
Westman, Community & Economic Development)
Senior Planner Christer Westman 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 Packard, Planner Westman explained that
after the City Planner's denial of the proposed four lot subdivision with four driveways on El
Fuerte, staff worked with the applicant to develop an alternative project.
The applicant's representative Clyde Wickham came forward to address Council.Mr.
Wickham encouraged the Council to grant the applicant's appeal.
September 27, 2016 Carlsbad City Council Regular Meeting Page 7
In response to Mayor Pro Tern Wood, Mr. Wickham explained that the applicant is proposing
a turnaround area for each driveway.
Council Member Schumacher confirmed that a sidewalk would be included as part of the
project.
Mayor Hall opened the duly noticed Public Hearing at 8:45 p.m.
Richard Weston expressed concerns relating to the project's noticing materials and the
number of proposed driveways along El Fuerte Road.
In response to the concerns expressed by Mr.Weston,the applicant's representative Mr.
Wickham explained that lot 5 will be an open space lot.
Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 8:50 p.m.
Transportation Manager Craig Williams explained that the design of the lots along with the
driveway turnarounds have been discussed and that staff is comfortable with the driveways
as proposed.
In response to Mayor Hall, Planner Westman confirmed that the project could be conditioned
to require turnarounds in each driveway.
City Attorney Celia Brewer suggested that the Resolution could be amended to add language
relating to adequate turn around area.
Council Member Packard spoke in support of staff's recommendations with the City
Attorney's suggested language modification to the resolution.
Council Member Schumacher stated he could support staff's recommendation.
ACTION:Motion by Mayor Pro Tem Wood, seconded by Council Member Schumacher, to
adopt Resolution No. 2016-202 as amended to include the following language:
3.That the City Council denies an appeal and upholds the City Planner's decision to deny
a five lot single-family residential subdivision Tentative Map CT 04-13 and remands
the matter back to the City Planner for approval of a four lot single-family residential
subdivision with adequate onsite vehicle turn-around on each residential lot,one
open space lot,and a maximum of three points of access onto El Fuerte Street."
Motion carried unanimously, 5/0.
15. ABSTRACT ALE WORKS CONDITIONAL USE PERMIT 16-03 —Adoption of Resolution No. 2016-
203 approving a Conditional Use Permit to allow a brewery tasting room on property located
at 6350 Yarrow Drive, Suite C,in Local Facilities Management Zone 5.(Staff contact:Chris
Garcia, Community & Economic Development)
September 27, 2016 Carlsbad City Council Regular Meeting Page 8
Associate Planner Chris Garcia 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 9:04 p.m.
Anthony Tullman,the applicant, stated he would be happy to answer any questions from
Council.
Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 9:05 p.m.
Council Member Packard requested that the Council consider passing an ordinance limiting the
number of alcohol serving establishments in the business park area.
City Manager Crawford suggested that Council request that staff research the issue and present
options addressing the topic at a future date.
Mayor Hall suggested that the discussion regarding Council Member Packard's suggestion take
place at a future Council Workshop.
ACTION:Motion by Mayor Pro Tern Wood, seconded by Council Member Schumacher, to
adopt Resolution No. 2016-203. Motion carried unanimously, 5/0.
16. CARLSBAD OAKS NORTH SPECIFIC PLAN AMENDMENT LOTS 1 AND 2 (PROJECT NO.EIR 98-
08(A)/SP 211(B)—Adoption of Resolution No.2016-204 approving the addendum to
Environmental Impact Report 98-08 (EIR 98-08(A) for an amendment to the Carlsbad Oaks
North Specific Plan (SP211(C)) to remove a requirement for Lot 1 or Lot 2 of the Carlsbad Oaks
North Business Park Specific Plan to be developed with Commercial Support Uses on property
generally located at the southwest and northwest corners of Faraday Avenue and El Fuerte
Street within Carlsbad Oaks North Business Park in Local Facilities Management Zone 16; and,
Introduce Ordinance No.CS-308 adopting an amendment to the Carlsbad Oaks North Specific
Plan (SP211(A))to remove a requirement for Lot 1 or 2 of the Carlsbad Oaks North Business
Park Specific Plan to be developed with commercial support uses on property generally
located at the southwest and northwest corners of Faraday Avenue and El Fuerte Street
within the Carlsbad Oaks North Business Park and in Local Facilities Management Zone 16.
(Staff contact:Teri Delcamp, Community & Economic Development)
Senior Planner Teri Delcamp 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 9:15 p.m.
Bob Ladwig, representing the applicant, requested that the Council approve the project.
Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 9:16 p.m.
Council Member Blackburn disclosed that he had a telephone conversation with the applicant.
City Attorney Celia Brewer titled the Ordinance.
September 27, 2016 Carlsbad City Council Regular Meeting Page 9
ACTION:Motion by Mayor Pro Tern Wood, seconded by Council Member Schumacher, to
adopt Resolution No.2016-204 and introduce Ordinance No.CS-308.Motion carried
unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
17.NORTH CARLSBAD BEACH AREA PUBLIC SAFETY —Receive a status report on north beach area
public safety issues and provide feedback to staff. (Staff contact:Fire Chief Mike Davis and
Police Chief Neil Gallucci)
Council returned this item to staff.
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 may be participating in the upcoming events:
Thursday, Sept. 29, 2016 -5:30 p.m.
City of Carlsbad Boards & Commissions Appreciation Event
The Crossings at Carlsbad
5800 The Crossings Dr.
Carlsbad, CA
Friday, Sept. 30, 2016 —2:00 -4:00 p.m.
Carlsbad Police Lt.Marc Reno's Retirement Event
Safety Training Center
5750 Orion St.
Carlsbad, CA
ADJOURNMENT:
Meeting was adjourned at 9:19 p.m.
Sheila R.Cobian, CMC
City Clerk Services Manager