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Home My WebLink About2017-02-28; City Council; Minutes01.°A1140 CITY COUNCIL Council Chamber •1200 Carlsbad Village Drive°Minutes Carlsbad, CA 92008 --itiFoct* February 28, 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: Minutes of the Regular Meeting held January 10, 2017. Motion by Mayor Pro Tern K.Blackburn,seconded by Council Member M.Schumacher,to approve the minutes with a minor correction made by Council Member C.Schumacher on page 5 to read as follows,"two housing units"instead of "one housing unit".Motion carried unanimously, 5/0. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION:None. PRESENTATION: None. CONSENT CALENDAR: Item No.6 was pulled for discussion. ACTION: Motion by Mayor Pro Tern K.Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos.1 through 5.Motion carried unanimously, 5/0. 1.REPORT ON CITY INVESTMENTS —Acceptance of report on City Investments as of January 31, 2017. (Staff contact:Nancy Sullivan, Administrative Services) 2.COMMUNICATIONS SITE LICENSE AGREEMENT WITH THE COUNTY OF SAN DIEGO —Adoption of Resolution No. 2017-033 authorizing a Communications Site License Agreement with the County of San Diego to construct and operate a public safety regional communications system facility at the Ellery Reservoir site (2237 Janis Way).(Staff contact:Curtis Jackson,City Manager Department) 3.CONTINUATION OF CITY MANAGER'S DECLARATION OF A LOCAL EMERGENCY —Adoption of Resolution No. 2017 -034 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:James Wood, Public Works) February 28, 2017 Carlsbad City Council Regular Meeting Page 2 4.OUT-OF-STATE TRAVEL TO LEESBURG,VA TO ATTEND THE FIRE SERVICE EXECUTIVE DEVELOPMENT INSTITUTE -Adoption of Resolution No.2017-035 authorizing out-of-state travel for one Division Chief to attend the Fire Service Executive Development Institute program in Leesburg,VA from March 12-17,2017.(Staff contact:Mike Davis,Fire Department) 5.OUT-OF-STATE TRAVEL TO COLORADO SPRINGS,CO TO ATTEND THE INTERNET CRIMES AGAINST CHILDREN INVESTIGATIVE TECHNIQUES TRAINING COURSE -Adoption of Resolution No.2017-036 authorizing out-of-state travel for one Police Detective to attend the Internet Crimes Against Children (ICAC)Investigative Techniques Training Course in Colorado Springs, CO from March 13-17, 2017. (Staff contact:Cindy Anderson, Fire Department) This item was pulledfor discussion. 6.AGREEMENT RRM DESIGN GROUP TO ASSIST WITH THIRD DRAFT OF VILLAGE AND BARRIO MASTER PLAN —Adoption of Resolution No.2017 -037 approving a Professional Services Agreement with RRM Design Group to assist in the preparation of the third draft of the Village and Barrio Master Plan and transferring $112,727 from the City Council's General Fund Contingency Account for the consultant and other costs related to preparation of the third draft. (Staff contact:Scott Donnell, Community & Economic Development) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION Mayor Matt Hall recused himself from discussion of Item No.6 due to a potential conflict of interest and left the dais at 6:02 p.m. 6.AGREEMENT RRM DESIGN GROUP TO ASSIST WITH THIRD DRAFT OF VILLAGE AND BARRIO MASTER PLAN —Adoption of Resolution No.2017-037 approving a Professional Services Agreement with RRM Design Group to assist in the preparation of the third draft of the Village and Barrio Master Plan and transferring $112,727 from the City Council's General Fund Contingency Account for the consultant and other costs related to preparation of the third draft. (Staff contact:Scott Donnell, Community & Economic Development) Senior Planner Scott Donnell presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Roy R.Sanchez spoke about the history of his involvement with the City of Carlsbad as well as his opposition with staff's recommendations. Julie Ajdour wanted to make sure that Mr. Roy R.Sanchez had in fact had the opportunity to say everything that he needed to say. Gil Alvarado spoke in support of staff's recommendation. February 28, 2017 Carlsbad City Council Regular Meeting Page 3 ACTION:Motion by Mayor Pro Tern K.Blackburn,seconded by Council Member M. Schumacher, to approve Consent Calendar Item No.6.Motion carried unanimously, 4/0/1 with Mayor Matt Hall absent due to a potential conflict of interest. Mayor Matt Hall returned to the dais at 6:27 p.m. ORDINANCES FOR INTRODUCTION:None. ORDINANCES FOR ADOPTION:None. PUBLIC COMMENT: Steven Pierce encouraged the Council to consider providing a pickleball program at no cost for seniors. H.Lee Fisher requested that the Council designate the City of Carlsbad as a non-sanctuary city. PUBLIC HEARINGS: 7.CARLSBAD VILLAGE LOFTS (PROJECT NO.RP 16-05/MS 16-06)—Adoption of Resolution No. 2017-038 approving Major Review Permit No.RP 16-05 and Minor Subdivision No. MS 16-06 to demolish an existing restaurant, remove a 57-foot-tall freeway pole sign, and construct a four-story, 45-foot-tall, mixed -use building, including ground floor retail and office uses, and 106 residential apartments,16 of which will be designated as affordable housing units, at 1044 Carlsbad Village Drive.(Staff contact:Shannon Werneke,Community &Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Associate Planner Shannon Werneke presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member M.Packard stated that he did not notice any control of access to the property. Associate Planner Shannon Werneke confirmed that there will be gates that will remain open during the day, however, only residents will have access to the property after- hours. Council Member M.Schumacher asked whether or not the 11 parking spaces that were currently at Motel 6,stay with the site even if Motel 6 ceases to exist.Associate Planner Shannon Werneke explained that it would depend on the use of the new site as to whether or not they actually need those parking stalls. February 28, 2017 Carlsbad City Council Regular Meeting Page 4 Council Member C.Schumacher questioned if the easement that is being provided to Cal Trans would cut into the sidewalk. Associate Planner Shannon Werneke stated that due to the easement, the sidewalk will be realigned and the planters will be removed. In response to Council Member C.Schumacher's inquiry about the difference between a rent restriction of 70% and 60% Area Median Income (AMI), Associate Planner Shannon Werneke explained that it would be approximately $40,000 per year. Applicant Evan Gerber reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member C.Schumacher,Mr.Gerber stated that there was not a condition to place a sound wall between the off-ramp and the building. In response to Council Member C.Schumacher, Evan Gerber stated that he would be willing to make the 16 units rent restricted at 60% of Area Median Income. At 7:19 p.m.,the following public speakers began to approach the podium for public comment: Speakers in Support of Staff's Recommendation:Farzad Tadayon;Chris Velasco;Ann Sauerman Boyce; Robert Wylkinson; Gary Nessim; Arnie Cohen. Submitted a Speaker Card in Support but did not Speak:Richard Schuman. Speakers in Opposition to Staff's Recommendation:Raul Villamar; Kimmie Chatfield. Speakers Neutral to Staff's Recommendation: Patricia Amador. Mayor Hall closed the duly noticed Public Hearing at 7:44 p.m. In response to an inquiry by Mayor Pro Tern K.Blackburn, City Planner Don Neu specified that the Council needed to decide how wide the sidewalk must be as well as any specifics on the gated parking as conditions of approval. RECESS: Mayor Hall declared a recess at 8:09 p.m.Mayor Hall reconvened the meeting at 8:19 p.m. with all Council Members present. In response to Mayor Matt Hall,Community & Economic Development Director Glen Van Peski recommended that Council include the desired minimum 10 feet of sidewalk in the conditions of approval. Council Member M. Schumacher and Mayor Pro Tern K.Blackburn disclosed that they had met with the applicant about a year ago. February 28, 2017 Carlsbad City Council Regular Meeting Page 5 ACTION:Motion by Mayor Pro Tern K.Blackburn,seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-038 as amended with the following conditions: a.)The residential and commercial parking garages shall be designed to include security fencing and gates, to the satisfaction of the City Planner; b.) The sidewalk along the Carlsbad Village Drive frontage shall have a minimum width of 10 feet, to the satisfaction of the City . Planner and City Engineer. Motion carried unanimously, 5/0. This item is being continued to March 14, 2017 at the request of the project applicant. 8.POINSETTIA 61 (PROJECT NO.EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14- 12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04)—Introduce an ordinance approving Zone Change ZC 14-04 and adopt a Resolution to certify the Environmental Impact Report EIR 15 - 03,including the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and approve General Plan Amendment 14-06,Local Coastal Program Amendment LCPA 14-06,Vesting Tentative Tract Map 14-10,Planned Development Permit 14-12,Site Development Plan 14-15,Coastal Development Permit 14-34,Hillside Development Permit 14-07 and Habitat Management Plan Permit 14-04 for the development of a 50.8 acre site for a 123-unit single family detached condominium project and construction of the last remaining section of Poinsettia Lane ("Reach E") located within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21,and approval of a draft Settlement and Community Benefit Agreement.(Staff contact:Teri Delcamp, Community & Economic Development) City Manager's Recommendation: Continue the item to the March 14,2017 Regular City Council Meeting. ACTION: Item was continued to the March 14, 2017 Regular City Council Meeting. DEPARTMENTAL AND CITY MANAGER REPORTS: 9.NORTH BEACH AREA PUBLIC SAFETY STATUS REPORT —Receive a report on north beach area public safety issues.(Staff contact:Mike Davis,Fire Department &Neil Gallucci,Police Department) City Manager's Recommendation: Receive the report and provided feedback to staff. Fire Chief Mike Davis introduced Assistant to the City Manager Jason Haber who presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Andy Weissenberger reported on many different incidents that have occurred in the area and thanked the Councilfor placing this item back on the agenda. Michael Selna provided statistics on different rescues that have taken place on a daily basis. Tommy Dean spoke about access points to the beach and various ways to enforce closure times. He also spoke about the gang graffiti on his property. February 28, 2017 Carlsbad City Council Regular Meeting Page 6 In response to an inquiry from Council Member M. Packard, Parks & Recreation Director Chris Hazeltine stated that the locked timed gates would have to be approved by the Coastal Commission. Mayor Matt Hall recommended that staff conduct outreach to the community regarding the need for lifeguards and locked gates in a quick fashion. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member C.Schumacher to direct staff to conduct community outreach regarding the need for lifeguards and locking gates to restrict access in a quick fashion to be able to bring back recommendations for implementation for safety services to north beach by summer 2017.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: Wednesday, March 1, 2017 —2:00 p.m. Carlsbad Police Department Awards Ceremony Public Safety Center 5750 Orion St. Carlsbad, CA Tuesday, March 7, 2017 —6:30 p.m. Carlsbad Student Leader Academy Servant Leadership Institute 1959 Palomar Oaks Way, Suite 100 Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 9:09 p.m.in Memory of Lester Tenney. Fa _I..q dins Deputy i y Clerk