HomeMy WebLinkAbout2017-01-24; City Council; MinutesCAN_CITY COUNCIL610 Council Chamber
C.>,(A •1200 Carlsbad Village DriveMinutesCarlsbad, CA 92008
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January 24, 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:Mayor Pro Tern Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES:None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION:None.
PRESENTATION:
Presentation from Carlsbad Library and Arts Foundation
Library & Cultural Arts Director Heather Pizzuto introduced Carlsbad Library and Arts Foundation
Secretary John Lucas.Mr.Lucas expressed his appreciation for the Seligman Family for the
$6,000 donation and pledge of an additional $9,000 donation.
CONSENT CALENDAR:
ACTION: Motion by Mayor Pro Tem K.Blackburn, seconded by Council Member M. Schumacher,
to approve Consent Calendar Item Nos.1 through 6.Motion carried unanimously, 5/0.
1.AWARD CONTRACT TO SOUTHWEST PIPELINE & TRENCHLESS CORP. (PROJECT NO. 5503-11)
Adoption of Resolution No.2017-012 accepting bids and awarding contract to Southwest
Pipeline & Trenchless Corp. for the Pipeline Cured-in -Place Pipe Rehabilitation Phase I,Project
No. 5503-11. (Staff contact:Robert Secrest, Public Works)
2.SELIGMAN FAMILY DONATION AND PLEDGE—Adoption of Resolution No. 2017-013 accepting
a $6,000 donation and a pledge of an additional $9,000 from the Carlsbad Library & Arts
Foundation on behalf of the Seligman Family.(Staff contact:Heather Pizzuto,Library &
Cultural Arts)
3.AWARD CONTRACT TO BARNHART REESE CONSTRUCTION,INC.FOR PINE AVENUE PARK
COMMUNITY CENTER AND GARDENS PROJECT (CIP NO. 4603)—Adoption of Resolution No.
2017-014 awarding a contract for the Pine Avenue Park Community Center and Gardens
Project to Barnhart Reese Construction, Inc. in an amount not to exceed $8,461,224; Relieving
Tovey-Shultz Construction, Inc. of its bid; and, Appropriating $973,040 in additional funds for
construction contingency. (Staff contact:Kyle Lancaster, Parks & Recreation)
January 24, 2017 Carlsbad City Council Regular Meeting Page 2
4.AMENDMENT TO TELECOMMUNICATIONS NETWORK LICENSE AND ENCROACHMENT
AGREEMENT WITH CROWN CASTLE NG WEST,INC.—Adoption of Resolution No.2017-015
authorizing the City Manager to execute the Fifth Amendment to the Telecommunications
Network License and Encroachment Agreement with Crown Castle NG West,Inc.(Staff
contact:Curtis Jackson, City Manager Department)
5.AMENDMENTS TO THE MASTER SERVICE AGREEMENT WITH VELOCITY TECHNOLOGY
SOLUTIONS,INC.—Adoption of Resolution No.2017-016 approving the execution of
amendments to the Master Services Agreement with Velocity Technology Solutions,Inc.for
application management, hosting services and professional services for the Lawson Human
Capital Management System (HCMS) software in an amount not to exceed $1,095,265. (Staff
contact:Barbara Van Rekom, Information Technology)
6.CONTINUATION OF CITY MANAGER'S DECLARATION OF A LOCAL EMERGENCY —Adoption of
Resolution No. 2017-017 continuing the City Manager's Declaration of a 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 .(Staff contact:Elaine
Lukey, Public Works Director)
ORDINANCES FOR INTRODUCTION:
7.RESCIND ORDINANCE NO. NS-551 THAT CREATED AN INFRASTRUCTURE FINANCING DISTRICT
FOR PARCELS 17 & 18 OF THE CARLSBAD RANCH AMENDED SPECIFIC PLAN AREA —Introduce
Ordinance No.CS-314 rescinding Ordinance No.NS-551,which adopted an Infrastructure
Financing Plan and created an Infrastructure Financing District for parcels 17 and 18 of the
Carlsbad Ranch Amended Specific Plan Area, due to achievement of purpose and end of term.
(Staff contact:Conrad Avila, Finance)
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-314.Motion carried unanimously, 5/0.
ORDINANCES FOR ADOPTION:
8.ADOPTION OF AN ORDINANCE AMENDING TITLE 21 —DENSITY BONUS AMENDMENT —
Adoption of Ordinance No.CS-311 amending Carlsbad Municipal Code Title 21 (Zoning
Ordinance) to make the City's density bonus regulations consistent with state law.Case
Name: Density Bonus Amendment;Case No.: ZCA 16-02/LCPA 16-01.(Staff contact:Sheila
Cobian, City Clerk Department)
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-311.Motion carried unanimously, 5/0.
January 24, 2017 Carlsbad City Council Regular Meeting Page 3
9.ADOPTION OF AN ORDINANCE AMENDING CHAPTER 21.105 —RECYCLING REQUIREMENTS —
Adoption of 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.
Case Name: Recycling Requirements;Case No.: ZCA 16-03/LCPA 16-02. (Staff contact:Sheila
Cobian, City Clerk Department)
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-312.Motion carried unanimously, 5/0.
10. ADOPTION OF AN ORDINANCE AMENDING QUARRY CREEK MASTER PLAN MP 10-01(B)—
Adoption 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.Case
Name: Quarry Creek —PA R-4 (West);Case No.: MP 10-01(B).(Staff contact:Sheila Cobian,
City Clerk Department)
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-313.Motion carried 4/1 (C.Schumacher —No).
PUBLIC COMMENT:
Barbara Diamond encouraged the Council to consider Community Choice Energy as on option for
Carlsbad residents' energy needs.
Diana Ricker requested that the City take action to remove the landscaping in front of the mural
painted on the side of the Circle K convenience store in the Barrio area.
Michele Mandinjano also requested that the landscaping be removed in front of the mural on the
Circle K building.
Ronna Bixby,representing the Trauma Intervention Program (TIP),gave an overview of the
program and invited residents of Carlsbad to get involved in volunteering for TIP.
Jessica Ortega spoke infavor of having the landscaping removed infront of the mural on the Circle
K building.
Maria Cerda requested that the Council direct staff to remove the landscaping in front of the
mural on the Circle K building.
January 24, 2017 Carlsbad City Council Regular Meeting Page 4
PUBLIC HEARINGS:
11. UPTOWN BRESSI —Introduction of Ordinance No.CS-315 approving an amendment to the
Bressi Ranch Master Plan, MP 178(1)for property generally located at the southwest corner
of Palomar Airport Road and El Fuerte Street, north of Gateway Road, and east of Colt Place
and located within the southeast quadrant of the City within Local Facilities Management
Zone 17 (Case No.:MP 178(1));and,Adoption of Resolution No.2017-018 certifying an
Environmental Impact Report EIR 15-01,adopting the Candidate Findings of Fact and the
Mitigation Monitoring and Reporting Program, and approving General Plan Amendment GPA
14-04 to amend the Land Use Element from Planned Industrial to Local Shopping Center and
R-23 Residential,Local Facilities Management Plan Amendment 87-17(A), vesting Tentative
Tract Map 14-09, Planned Development Permit 14-10, Site Development Plans 14-13 and 16-
06 and Conditional Use Permits 14-09 and 16-01 for the development of a 17.71 acre site
within the Bressi Ranch Master Plan with a 91,164 square foot shopping center, and a 125
unit multi -family condominium project, all located at the southwest corner of Palomar Airport
Road and El Fuerte Street, north of Gateway Road, and east of Colton Place and located within
the southeast quadrant of the City within Local Facilities Management Zone 17.(Case No.:
EIR 15-01/GPA 14-04/LFMP 87-17(A)/CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-
09/CUP 16-01) (Staff contact:Van Lynch, Community and Economic Development)
Mayor M.Hall,Mayor Pro Tern K.Blackburn and Council Members M.Schumacher,C.
Schumacher and M.Packard all disclosed that they had met with representatives of the
developer and residents in the area.
Principal Planner Van Lynch and City Planner Don Neu presented the staff report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Tim Gnibus, an environmental consultant with HDR,also gave a presentation regarding the
Environmental Impact Report that the applicant is asking the Council to certify.
Mayor Pro Tem K.Blackburn stated that he received a communication from Mr.and Mrs.
Ryan prior to tonight's meeting in opposition to the project and that the information was
forwarded to the Clerk.
In response to Mayor Pro Tem K.Blackburn,Principal Planner Lynch stated that the
elementary school designated for the new development would be Poinsettia Elementary.
Mayor Pro Tern K.Blackburn requested clarification regarding the traffic impacts that would
result from the proposed project.
Mr.Gnibus explained that the existing zoning is planned industrial which would result in
increased traffic during peak traffic times.He further explained that with the proposed
change in zoning, the project trips will be distributed more evenly throughout the day.
January 24, 2017 Carlsbad City Council Regular Meeting Page 5
Council Member M. Schumacher confirmed with Principal Planner Lynch that conditions have
been included in the project approval documents to ensure that the proposed condominiums
would be in compliance with the City's noise standards.Mr.Lynch further explained that
during review of the project building plans,staff would review the noise standard
requirements and ensure they are met.
In response to an inquiry from Council Member M. Schumacher,Principal Planner Lynch
reviewed the on-site traffic circulation proposed for the project.
Council Member M.Packard asked why the applicant is requesting a zone change from
industrial to residential/retail.
Principal Planner Lynch explained that the applicant's data shows there is a demand for
additional commercial services as well as additional multi-family housing options.
Council Member C.Schumacher asked staff to review the affordable housing elements of the
proposed project.
Principal Planner Neu explained that 20% of the proposed units (25 units) would be affordable
to low-income households and allocated within the site.
Mayor Pro Tem Blackburn confirmed with staff that the Fire Department has not expressed
any concerns with response times to the proposed development.
Mayor Hall opened the duly noticed Public Hearing at 7:32 p.m.
Kevin McCook and Justin Schlaefli,representing the applicant,came forward to address
Council.Mr.McCook and Mr. Schlaefli provided a PowerPoint presentation (on file in the
Office of the City Clerk) giving details of the proposed project.
Speakers in Support of Staff's Recommendation:Tracy Anderson; Bronson Jachoway; Melanie
Burkholder; Joe Cosgrove; Alan Nevin;Matt Gross; Adam McAbee; Roby Ogan; Karen Pearson;
Nanette Anton; Kevin Sharrar; John Vance; Julia Bergstrom;Russell Valme;Chris Roesink;
Dennis Visser; Pete Bethea; David Stearn; Bruce Schiff; Jack Gallagher; Philip Lizarraga; Cadie
Browne; Marcelo Escobar-Eck; Chuck McNarry; Ken Lee; Arnie Cohen; Emily Jones on behalf
of Katie Brown; Arlene Tendick.
Submitted a Speaker Card in Support but did not Speak:Anette & Jose Barruetto;Gina
Soltman; Steven Soltman;Chaz Hinz; Justin Kollman; Heather Riley; Ted Owen; John Beery;
Ramona Finnila; Toni McMahon.
Speakers in Opposition to Staff's Recommendation:Carole McCallum;Kelly McLaughlin;
Amanda Mascia; Vickey Syage; Shirley Anderson; Kevin Bender; Amy Hagen; Margie Caruso.
January 24, 2017 Carlsbad City Council Regular Meeting Page 6
Submitted a Speaker Card in Opposition but did not Speak:Tim Jakubowski; Vincent Nelson;
Brian Mclnerny; Scott Engel;Lisa McKethan; Jodi Good;Hope Nelson; Steve Smith; Alison
Smith; Cary Hulstine.
RECESS:
Mayor Hall declared a recess at 9:02 p.m.Mayor Hall reconvened the meeting at 9:11 p.m.
with all Council Members present.
Mayor Hall asked if there was any other members of the public wishing to speak on Item No.11.
Kris Wright spoke in opposition to the project.
In response to the speakers in opposition to the proposed project, Mr. McCook explained
that their team spent three years in the community performing outreach and gathering
feedback on the project.
In response to an inquiry from Mayor Hall, the applicant's representative explained that a 6'
sound wall will be constructed along Palomar Airport Road to address the sound impacts.In
addition, plexi-glass walls will be included on the deck areas.
In response to inquiries from Council Member C.Schumacher, the applicant's representative
explained that although they had not entered into their affordable housing agreement yet,
the 20%affordable housing units would fall into low income housing at 80% of the area
median income.
In response to concerns raised by Mayor Hall regarding the impacts of loading commercial
vehicles,Mr.McCook explained that there will be designated loading areas within the
proposed project.
In response to Council Member C.Schumacher,Brenna Wetherby with Howes, Weiler and
Associates gave an overview of the public transit that is available adjacent to the proposed
project.
Mayor Hall closed he duly noticed Public Hearing at 9:30 p.m.
Mayor Pro Tern K.Blackburn confirmed that staff reviewed the traffic report provided for the
project.
Council Member M.Packard confirmed that City standards will be met in regards to the
Conditional Use Permit for the proposed liquor store.
In response to Council Member M. Packard, City Planner Neu confirmed that the remaining
vacant industrial land will meet the City's needs in the future.
January 24, 2017 Carlsbad City Council Regular Meeting Page 7
Council Member C.Schumacher expressed her appreciation for the amount of work that had
gone into the proposed project.She expressed concerns regarding the potential loss of
industrial employment opportunities if the project is approved.She commented that the
project lacked alignment with the City's General Plan.
Mayor Hall stated that he was concerned about how freight would get into and out of the
proposed project.He suggested that the project be conditioned to require the use of the
loading docks for the loading and unloading of freight.
Council Members M.Schumacher and M.Packard concurred with Mayor Hall's suggested
condition regarding the loading and unloading of freight.
Mayor Pro Tern K.Blackburn spoke in support of the project.
Council Member M. Schumacher commented that initially he had concerns about the traffic;
however, after hearing the presentation the zoning change will result in the traffic leveling
out over peak periods.Therefore, he would support the project.
Council Member C.Schumacher spoke in support of maintaining the current zoning on the
property.She stated that she would prefer to see something to increase the diversity of the
job market.She further stated that she is not in support of the project.
Council Member M.Packard stated he could support the project with the Mayor's added
condition.
Mayor Hall stated he would support the project with the added condition addressing the
loading and unloading of freight.
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-315 and adopt Resolution No.2017-018 as
amended with the following condition added:
8.a. Loading and unloading from semi-trucks for Site Development Plan (16-06) shall
occur only in designated loading zones and shall not occur in drive aisles or roadways.
Motion carried 4/1 (C.Schumacher —No).
RECESS:
Mayor Hall declared a recess at 10:22 p.m.Mayor Hall reconvened the meeting at 10:26 p.m.
with all Council Members present.
12. MASTER FEE SCHEDULE CHANGES —Adoption of Resolution No.2017-019 reinstating
Community & Economic Development fees removed from the Master Fee Schedule during
the adoption of the Fiscal Year 2016-17 Operating Budget.(Staff contact:Laureen Ryan,
Community and Economic Development)
January 24, 2017 Carlsbad City Council Regular Meeting Page 8
Management Analyst Laureen Ryan 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 10:28 p.m.Seeing no one wishing to
speak Mayor Hall closed the Public Hearing at 10:28 p.m.
ACTION: Motion by Mayor Pro Tem Blackburn, seconded by Council Member M. Schumacher
to adopt Resolution No. 2017-019.Motion carried unanimously, 5/0.
Mayor Hall adjourned to the Joint Special Meeting of the Carlsbad Municipal Water District at
10:29 p.m.
Mayor Hall reconvened the Regular City Council Meeting at 10:32 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
18.UPDATE CITY COUNCIL REGIONAL COMMITTEE ASSIGNMENTS -Discuss and announce
members of the City Council as liaisons/alternates to various regional committees.
The Mayor announced the following additions/modifications to the City Council Regional
Committee Assignments:
PACKARD Chamber of Commerce Liaison (alternate)
City/School Committee
North County Transit District Board of Directors
North County Dispatch Joint Powers Authority (alternate)
C.SCHUMACHER Buena Vista Lagoon JPC
League of California Cities -SD Division
North County Transit District Board of Directors (alternate)
SANDAG Board of Directors (2nd Alternate)
SANDAG Regional Planning Committee (alternate)
SANDAG Shoreline Preservation Working Group
M. SCHUMACHER Chamber of Commerce Liaison
City/School Committee
Encina Joint Powers (JAC)
Encina Wastewater Authority Board of Directors
Encina Wastewater Authority Policy & Finance Committee
San Diego County Regional Airport Authority Board of Directors
BLACKBURN Buena Vista Lagoon JPC
Encina Joint Powers (JAC)
Encina Wastewater Authority Board of Directors
Encina Wastewater Authority Capital Improvement Committee
North County Dispatch Joint Powers Authority
SANDAG Board of Directors (1st Alternate)
SANDAG Public Safety Committee
January 24, 2017 Carlsbad City Council Regular Meeting Page 9
HALL North County Mayors and Managers
San Diego County Water Authority (SDCWA) Board of Directors
SDCWA Legislation & Public Outreach Committee
SDCWA Administrative & Finance Committee
SANDAG Board of Directors
ACTION:Motion by Mayor Pro Tern K.Blackburn,seconded by Council Member M.
Schumacher to accept the Mayor's recommendations.Motion carried unanimously, 5/0.
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:
Saturday, Jan. 28, 2017 —11:00 am
St. Patrick Catholic School Grand Opening
3820 Pio Pico Dr.
Carlsbad, CA
Saturday, Feb. 4, 2017 —8:30 am
Mitchell Thorp Foundation 5K Run/Walk
Poinsettia Community Park
6600 Hidden Valley Rd.
Carlsbad, CA
ADJOURNMENT:
Meeting was adjourned at 10:37 p.m.
Sheila C bian, CMC
City Clerk Services Manager