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HomeMy WebLinkAbout2017-01-10; City Council; Minutesof.cA CITY COUNCIL Council Chamber E.7 fi M-•1200 Carlsbad Village DriveMinutesCarlsbad, CA 92008 0 \44/Foikt‘ January 10, 2017, 6 p.m. CALL TO ORDER:6:00 p.m. ROLL CALL:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard. INVOCATION:None. PLEDGE OF ALLEGIANCE:Council Member Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held December 13, 2016. Minutes of the Special Meeting held January 3, 2017. Motion by Council Member K.Blackburn,seconded by Council Member M.Schumacher,to approve the minutes as presented. Motion carried, 5/0. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION:None. Mayor Hall announced that he would be presenting Item #14 at this time. DEPARTMENTAL AND CITY MANAGER REPORTS: 14.REORGANIZATION OF CITY COUNCIL ASSIGNMENTS —Discuss reorganization of the City Council, election of Mayor Pro Tempore and Regional Committee Assignments. (Staff contact: Sheila Cobian, City Clerk Department) Mayor Hall appointed Council Member Blackburn to serve as Mayor Pro Tem for 2017.He also made the following regional assignment appointments: M. PACKARD Chamber of Commerce Liaison (alternate) North County Transit District Board of Directors North County Dispatch Joint Powers Authority (alternate) C.SCHUMACHER Buena Vista Lagoon JPC City/School Committee League of California Cities -SD Division North County Transit District Board of Directors (alternate) M. SCHUMACHER Chamber of Commerce Liaison City/School Committee Encina Joint Powers (JAC) Encina Wastewater Authority Board of Directors San Diego County Regional Airport Authority Board of Directors January 10, 2017 Carlsbad City Council Regular Meeting Page 2 K. BLACKBURN Buena Vista Lagoon JPC Encina Joint Powers (JAC) Encina Wastewater Authority Board of Directors North County Dispatch Joint Powers Authority M. HALL North County Mayors and Managers San Diego County Water Authority (SDCWA) Board of Directors SANDAG Board of Directors ACTION:Motion by Council Member K.Blackburn,seconded by Council Member M. Schumacher, to approve the Mayor's appointments.Motion carried unanimously, 5/0. PRESENTATIONS:None. CONSENT CALENDAR: Item No.7 was pulled for discussion by Council Member C.Schumacher. ACTION: Motion by Mayor Pro Tern K.Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos.1 through 6 and 8. Motion carried, 5/0. 1.REPORT ON CITY INVESTMENTS —Acceptance of report on City Investments as of November 30, 2016. (Staff contact:Nancy Sullivan, Administrative Services) 2.AMENDMENT NO.2 TO THE AGREEMENT WITH ARCADIS U.S., INC.—Adoption of Resolution No.2017-001 approving Amendment No.2 to extend and amend the Professional Services Agreement with Arcadis U.S.,Inc.for construction management and inspection services for the Vista/Carlsbad Interceptor Sewer, reaches VC11B-VC15,and the Agua Hedionda Sewer Lift Station Projects. (Staff contact:Mark Biskup, Public Works) 3.TRAILS ROADWAY CROSSINGS (PROJECT NO.6060)—Adoption of Resolution No. 2017-002 approving the plans and specifications and authorizing the City Clerk to advertise for bids for the Trails Roadway Crossings. (Staff contact:Emad Elias, Public Works) 4.OUT-OF-STATE TRAVEL FOR ONE POLICE DETECTIVE —Adoption of Resolution No.2017-003 authorizing out-of-state travel for one police detective to attend the Internet Crimes Against Children Investigative Techniques training course in Salt Lake City, Utah. (Staff contact:Matt Thompson, Police Department) 5.APPOINTING TWO MEMBERS TO THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT BOARD —Adoption of Resolution No. 2017-004 appointing Hector Becerra and Tate Stull to the Carlsbad Golf Lodging Business Improvement District Board. (Staff contact:Sheila Cobian, City Clerk) January 10, 2017 Carlsbad City Council Regular Meeting Page 3 6.REJECTING BIDS RECEIVED FOR THE AVIARA COMMUNITY PARK —PHASE II AND POINSETTIA COMMUNITY PARK —PHASE III CONSTRUCTION PROJECTS (CIP NOS.4604 AND 4605)— Adoption of Resolution No. 2017-005 rejecting bids received for the Aviara Community Park —Phase II and Poinsettia Community Park —Phase III Construction Projects.(Staff contact: Kyle Lancaster, Parks & Recreation) This item was pulledfor discussion. 7.CONFIRMING CITY MANAGER'S DECLARATION OF LOCAL EMERGENCY RELATING TO ACTIONS TAKEN FOR PROPERTY LOCATED ON THE WEST SIDE OF BATIQUITOS DRIVE, APPROXIMATELY 0.25 MILES SOUTH OF POINSETTIA LANE —Adoption of Resolution No. 2017-006 confirming the City Manager's Declaration of Local Emergency on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane,pursuant to Public Contract Code 22050 and Carlsbad Municipal Code Section 3.28.120 and receiving a report regarding Emergency Coastal Development Permit 2016-0009. (Staff contact:James Wood, Public Works) 8.PURCHASE OF 11 NEW AND RECERTIFIED PHILIPS CARDIAC MONITORS AND DISPOSAL OF 12 ZOLL CARDIAC MONITORS —Adoption of Resolution No.2017-007 authorizing the purchase of 11 new and recertified Philips cardiac monitors/defibrillators from Boundtree Medical and authorizing the disposal of 12 Zoll cardiac monitors for a credit toward the purchase price of the new monitors. (Staff contact:Mary Murphy,Fire Department) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION 7.CONFIRMING CITY MANAGER'S DECLARATION OF LOCAL EMERGENCY RELATING TO ACTIONS TAKEN FOR PROPERTY LOCATED ON THE WEST SIDE OF BATIQUITOS DRIVE, APPROXIMATELY 0.25 MILES SOUTH OF POINSETTIA LANE —Adoption of Resolution No.2017-006 confirming the City Manager's Declaration of Local Emergency on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane,pursuant to Public Contract Code 22050 and Carlsbad Municipal Code Section 3.28.120 and receiving a report regarding Emergency Coastal Development Permit 2016-0009. (Staff contact:James Wood, Public Works) Interim Public Works Director Elaine Lukey presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Mayor Hall, Interim Director Lukey confirmed that several feet of material will need to be removed as part of the actions taken to address the emergency. ACTION:Motion by Council Member C.Schumacher,seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-006.Motion carried unanimously, 5/0. January 10, 2017 Carlsbad City Council Regular Meeting Page 4 PUBLIC COMMENT: Walt Meier expressed concerns relating to dogs having access to the beach.He suggested that the Cityfind a way to enforce the rule that dogs are not permitted on the beach. PUBLIC HEARINGS: 9.DENSITY BONUS AMENDMENT (PROJECT NO. ZCA 16-02/LCPA 16-01)—Introduce Ordinance No.CS-311, amending Carlsbad Municipal Code Title 21 (Zoning Ordinance) to make the City's density bonus regulations consistent with state law. (Staff contact:Carl Stiehl, Community & Economic Development) Associate Planner Carl Stiehl and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member C.Schumacher,Planner Stiehl explained that when referencing Inclusionary Housing, staff is referring to regulations at a local level.However, when referring to Density Bonus Law, staff is referring to state law. City Planner Don Neu further explained that the Density Bonus Law has mandatory levels and that the state is not as generous as the City's Inclusionary Housing Ordinance. Mayor Hall opened the duly noticed Public Hearing at 6:24 p.m.Seeing no one wishing to speak, he closed the Public Hearing at 6:24 p.m. City Attorney Celia Brewer titled the Ordinance. ACTION:Motion by Mayor Pro Tem K.Blackburn,seconded by Council Member M. Schumacher, to introduce Ordinance No.CS-311.Motion carried unanimously, 5/0. 10. RECYCLING REQUIREMENTS (PROJECT NO. ZCA 16-03/LCPA 16-02)—Introduce Ordinance No. CS-312,amending Chapter 21.105 of the Carlsbad Municipal Code (Zoning Ordinance) to make the City's regulation of recycling areas consistent with state law. (Staff contact:Carl Stiehl, Community & Economic Development) Associate Planner Carl Stiehl and City Planner Don Neu 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 6:29 p.m.Seeing no one wishing to speak, he closed the Public Hearing at 6:29 p.m. City Attorney Celia Brewer titled the Ordinance. ACTION:Motion by Mayor Pro Tern K.Blackburn,seconded by Council Member M. Schumacher, to introduce Ordinance No.CS-312.Motion carried unanimously, 5/0. January 10, 2017 Carlsbad City Council Regular Meeting Page 5 11. 4 PLUS 1 LUXURY LIVING (PROJECT NO.RP 15-16/CDP 15-37)—Adoption of Resolution No. 2017-008 approving a major review permit and coastal development permit to allow for the demolition of a one-story, two-unit residential building, and the construction of a new mixed- use building consisting of 1,105 square feet of commercial/retail space and four apartments, and a request to participate in the Parking-in-Lieu Fee Program for four parking spaces on property located at 3050 Madison Street in Land Use District 1 of the Village Review Zone, the Village Segment of the Local Coastal Program and within Local Facilities Management Zone 1;and, Adoption of Resolution No. 2017-009 approving a Parking in -Lieu Fee Program Participation Agreement between the City and First BMS Properties,LLC,property owner, for the project known as 4 Plus 1 Luxury Living located at 3050 Madison Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1.(Staff contact:Austin Silva, Community & Economic Development) Associate Planner Austin Silva presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tern Blackburn confirmed with staff that the applicant is not requesting a height variance for the proposed project. In response to an inquiry from Council Member C.Schumacher, Planner Silva explained that the City's Inclusionary Housing requirement will be satisfied through a payment of an in -lieu fee for two units prior to issuance of a building permit. Council Member C.Schumacher confirmed that currently the housing-in-lieu fee for the two units will be $9,030. In response to an inquiry from Mayor Hall, Planner Silva explained that the applicant wishes to participate in the Parking-in-Lieu fee program for four parking spaces and that staff is recommending approval of the request. Mayor Hall opened the duly noticed Public Hearing at 6:39 p.m. Speaker in Opposition:Barbara Boutella The applicant,Tony Tonekaboni came forward to address Council.Mr.Tonekaboni stated that the proposed project will match the surrounding area. In response to Ms.Boutella's concerns regarding the number of occupants in the proposed upper level unit, the owner Merced Sahba explained that just she and her husband will be residing there. Mayor Hall closed the Public Hearing at 6:47 p.m. Mayor Hall asked if the subject property will be included in the Village Parking Study. January 10, 2017 Carlsbad City Council Regular Meeting Page 6 City Planner Don Neu confirmed that the property is located within the study area. Council Member C.Schumacher commented that she felt the area of the proposed project is an area that is important for affordable housing opportunities.Therefore, she would not be supporting the project since affordable housing is not being provided within the proposed project location. Motion by Mayor Pro Tern K.Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No.2017-008 and Resolution No.2017-009.Motion carried,4/1 (C. Schumacher —No) 12. QUARRY CREEK —PLANNING AREA R-4 WEST (PROJECT NO.MP 10-01(B)/CT 16-05/PUD 16- 06)—Introduction of Ordinance No.CS-313 approving an amendment to the Quarry Creek Master Plan,MP 10-01(B),for property located on the north side of Marron Road and adjacent to the western terminus of Adobe Springs Road, in Local Facilities Management Zone 25; and, Adoption of Resolution No.2017-010 approving a Tentative Tract Map and Planned Development Permit for 56 single-family homes within Planning Area R-4 of the Quarry Creek Master Plan, located on the north side of Marron Road and adjacent to the western terminus of Adobe Springs Road,in Local Facilities Management Zone 25.(Staff contact:Shannon Werneke, Community & Economic Development) City Planner Don Neu presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 7:09 p.m. Theresa Barnes requested that the impacts of train noise be addressed in the event the subject project is located near the train tracks. Kris Wright inquired about the height limit of the proposed project. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 7:13 p.m. Planner Neu explained that the height regulations were met in accordance with the Master Plan and that the maximum height is 35 feet. In response to an inquiry from Council Member C.Schumacher, City Planner Neu stated that an analysis had not been performed regarding single-family detached vs.multi-family units relating to housing diversity. Anonymous lady who claimed to reside on Madison Street expressed concerns relating to the ability to view the Council meeting from home. January 10, 2017 Carlsbad City Council Regular Meeting Page 7 Council Member M. Packard spoke in support of the project. Council Member C.Schumacher stated she would prefer that the Master Plan not be amended in order to maintain housing diversity. Council Member M. Schumacher stated he could make the findings and would support the project. Mayor Pro Tern Blackburn disclosed that he had met with the developer regarding the proposed project and would also support the project. Mayor Hall spoke in support of the project. City Attorney Celia Brewer titled the Ordinance. Motion by Mayor Pro Tern K.Blackburn, seconded by Council Member M. Schumacher, to introduce Ordinance No.CS-313 and adopt Resolution No. 2017-010.Motion carried, 4/1 (C. Schumacher —No) DEPARTMENTAL AND CITY MANAGER REPORTS: 13. PLAN TO CORRECT RECYCLING CART SERVICE BILLING ERROR —Receive a presentation from Coast Waste Management District Manager Ken Ryan regarding a plan to correct a billing error for recycling cart service to multi-family dwellings. (Staff contact:Avecita Jones, Public Works) Senior Program Manager James Wood introduced Ken Ryan,Coast Waste Management District Manager, to give an overview of a plan to correct a billing error for recycling cart service to multi-family dwellings. Council received the report. This item was heard prior to the Consent Calendar 14. REORGANIZATION OF CITY COUNCIL ASSIGNMENTS —Discuss reorganization of the City Council, election of Mayor Pro Tempore and Regional Committee Assignments. (Staff contact: Sheila Cobian, City Clerk Department) 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. January 10, 2017 Carlsbad City Council Regular Meeting Page 8 ANNOUNCEMENTS: Mayor Hall announced that Council Members may be participating in the upcoming events: Tuesday, Jan. 17, 2017 —2:00 p.m. AB1661 Training Faraday Center 1635 Faraday Avenue Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 7:31 p.m.in memory of Joe Bailey Noble. ,- S.0 Sheila - Sheila R.bian, CMC City Clerk Services Manager