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Home My WebLink About2017-03-14; City Council; MinutesCA.9400 CITY COUNCIL Council Chamber 0 \),,----c%j.a •-IL • kL>: -1*MinUteS 1200 Carlsbad Village Drive Carlsbad, CA 92008 41000 March 14, 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 Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held January 24, 2017. Minutes of the Joint Special Meeting held January 24, 2017. Minutes of the Special Meeting held February 14, 2017 Motion by Mayor Pro Tem 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: City Attorney Celia Brewer announced the City of Carlsbad and North County Advocates have reached a tentative resolution of the General Plan lawsuit.However that item is linked to and dependent upon the City Council's action on Item No.5.The City Council has full authority to exercise its discretion on the item. PRESENTATION:None. CONSENT CALENDAR: Item No. 4 was pulled for discussion by Council Member Cori Schumacher. ACTION: Motion by Mayor Pro Tem K.Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos.1 through 3.Motion carried unanimously, 5/0. 1.APPOINTMENT TO THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT BOARD —Adoption of Resolution No.2017-039 reappointing Ulrich Samietz to the Carlsbad Golf Lodging Business Improvement District Board. (Staff contact: Tammy McMinn, City Clerk Department) 2.CONTRACT WITH RAN ENTERPRISES, INC. FOR THE CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT,PROJECT NO. 4718 -Adoption of Resolution No.2017 -040 accepting bids and awarding a contract to RAN Enterprises, Inc., in the amount of $681,490 for the City Hall roof replacement and HVAC refurbishment. (Staff contact:Steven Stewart, Public Works) March 14, 2017 Carlsbad City Council Regular Meeting Page 2 3.TERMINATION OF CITY MANAGER'S DECLARATION OF A LOCAL EMERGENCY —Adoption of Resolution No. 2017-041 declaring that the Local Emergency on the west side of Batiquitos Drive, 0.25 miles south of Poinsettia Lane is terminated, pursuant to Carlsbad Municipal Code Section 3.28.120 and Public Contract Code 22050. (Staff contact:Elaine Lukey, Public Works) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION 4.AGREEMENT WITH SANDAG SERVICE BUREAU FOR EXPEDITED SERVICES WITH THE CALIFORNIA COASTAL COMMISSION -Adoption of Resolution No.2017-042 reaffirming a commitment to the full term of an agreement with the SANDAG Service Bureau for expedited services with the California Coastal Commission.(Staff contact:Don Neu,Community & Economic Development) In response to Council Member Cori Schumacher, City Planner Don Neu presented the staff report and stated that the list of projects for next fiscal year had not yet been finalized. Council Member C.Schumacher made a motion to approve and discuss,seconded by M. Schumacher. In response to Council Member Cori Schumacher's inquiry about using this agreement to only fund projects that were City initiated and City led, Mayor Matt Hall stated that he believed that private projects often also give to the greater good of the community. In response to Council Member Cori Schumacher's inquiry about adding a stipulation to prioritize public projects and projects with critical infrastructure over private projects, City Planner Don Neu stated that they have handled it in that manner and that in coordination with the Coastal Commission, they prioritize projects on a monthly basis. ACTION: Motion by Council Member C.Schumacher, seconded by M. Schumacher to adopt Resolution No. 2017-042. Motion carried unanimously, 5/0. ORDINANCES FOR INTRODUCTION:None. ORDINANCES FOR ADOPTION:None. PUBLIC COMMENT: Josephina Di Salvo requested that the ACLU's Model 9 state and local law enforcement policies and rules to protect local immigrant and refugees be adopted by the City Council. Laurie Boone spoke regarding the City Stuff program and the suggestion of the third grade participants that the City adopt an official city bird on the City's 60th anniversary. Fred Sandquist expressed concerns relating to the issues regarding SANDAG'S Measure A. Kim Trujillo spoke regarding concerns relating to vacation rentals and fairness. March 14, 2017 Carlsbad City Council Regular Meeting Page 3 Scott Engel spoke regarding decorum of the public and Council. He stated that he would like the common courtesy of feeling like his words were heard during the meeting. PUBLIC HEARINGS: Mayor Pro Tem Blackburn recused himself due to a potential conflict of interest and stepped down from the dais at 6:28 pm. Mayor Hall and Council Members M. Schumacher,C.Schumacher and M. Packard disclosed that they had met with the project applicant. This item was continued from the Regular Meeting of February 28, 2017. 5.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 Ordinance No.CS-316 approving Zone Change ZC 14-04;and,Adopt Resolution No.2017-043 to certify the Environmental Impact Report EIR 15-03 and Errata, including the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, 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,Adopt Resolution No.2017-044 to approve a Settlement and Community Benefit Agreement.(Staff contact:Teri Delcamp, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing, introduce the ordinance and adopt the resolutions. Principal Planner Teri Delcamp and Assistant City Manager Gary Barberio presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The applicant's representative, David Sterne, reviewed a PowerPoint presentation (on file in the Office of the City Clerk) giving an overview of the project benefits. Mayor Hall opened the duly noticed Public Hearing at 7:08 p.m. Speakers in Support of staff's recommendation:Bronson Jacoway; John Beery; Stacie Greene; Ralph Williams; Marcelo Escobar-Eck; Gayle Hoye; Cheri Hoffman; Bob Gilbert; Jeremy Peyton; Fred Sandquist;Chancelor Shay;Howard Krauz;Robert Douglas Dentino;Lisa McAthen; De'Ann Weimer; Mary Anne Viney; Diane Ngaard; Everett Delano; Nicole. Speakers Neutral of staff's recommendation: Brian Connor; Brett Porath. Speakers in Opposition to staff's recommendation:Josh Bourgeois;Carl Krumrei;Theresa Perkins-Kirven. March 14, 2017 Carlsbad City Council Regular Meeting Page 4 Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 8:04 p.m. In response to Council Member C.Schumacher, the applicant stated that the rules are if a homeowner wishes to rent out a secondary unit it has to be a qualified renter approved through the City's Housing Authority. In response to Council Member M. Schumacher, the applicant stated that there would be an endowment for the open space habitat area south of the project. In response to an inquiry from Mayor Hall, Transportation Manager Craig Williams explained that currently he is not aware of a project in the CIP to improve the right turn lane. In response to Mayor Hall, City Planner Neu explained that through annual reports, the road networks are evaluated to determine whether a roadway is meeting the City standards. Through this project, the developer will be conditioned to complete the segment of Poinsettia Lane. Council Member Packard confirmed with staff that adequate parking would be provided for the homes constructed within the proposed project site. In response to Council Member C.Schumacher,HDR Inc.EIR Consultant Tim Gnibus confirmed a hazardous materials study was prepared as part of the EIR and any materials such as tires and refrigerators would be removed from the project site. In response to Council Member C.Schumacher, Manager Williams explained that the City has a residential traffic management program that they use. He stated that there is a traffic signal evaluation policy that was approved by Council that is used to look at signal light needs. Council Member M.Schumacher asked the applicant how potential homeowners will be made aware of the impacts of the adjacent airport to the properties.In response, Mr. Stern explained the disclosures are provided with each home sale. Motion by Council Member C.Schumacher, seconded by Council Member M. Schumacher to direct staff to utilize the Carlsbad Residential Traffic Management Program to develop traffic- calming solutions to discourage pass-through traffic in the Viadana and Pavoreal neighborhoods concurrent with the completion of Poinsettia Lane;and complete a comprehensive traffic analysis in neighborhoods encompassed by the Viadana HOA, Pavoreal HOA,Poinsettia Heights HOA and Voscana HOA located along Poinsettia Lane, including Mimosa Lane, Oriole Court, Skimmer Court,Cassia Lane,and the El Camino Real southbound turn onto Poinsettia Lane. In response to an inquiry by Council Member M. Schumacher, Manager Williams stated that findings from staff's report will go through the Traffic Safety Commission and later be presented to Council. March 14, 2017 Carlsbad City Council Regular Meeting Page 5 Council discussion ensued regarding their support for the project. City Attorney Celia Brewer titled the Ordinance. ACTION:Motion by Council Member M.Schumacher,seconded by Council Member C. Schumacher, to introduce Ordinance No.CS-316 and adopt Resolution Nos.2017-043 and 2017-044. Motion carried 4/0/1 (Mayor Pro Tem Blackburn —Absent). ACTION:On a Minute Motion by Council Member C.Schumacher,seconded by Council Member M.Schumacher,Council directed staff to utilize the Carlsbad Residential Traffic Management Program to develop traffic-calming solutions to discourage pass-through traffic in the Viadana and Pavoreal neighborhoods concurrent with the completion of Poinsettia Lane; and complete a comprehensive traffic analysis in neighborhoods encompassed by the Viadana HOA,Pavoreal HOA,Poinsettia Heights HOA and Voscana HOA located along Poinsettia Lane, including Mimosa Lane, Oriole Court, Skimmer Court,Cassia Lane, and the El Camino Real southbound turn onto Poinsettia Lane. Motion carried 4/0/1 (Mayor Pro Tern Blackburn —Absent). RECESS: Mayor Hall declared a recess at 8:54 p.m.Mayor Hall reconvened the meeting at 9:00 p.m. with all Council Members present. 6.PROP D CANNON ROAD AGRICULTURAL/OPEN SPACE ZONE (PROJECT NO. ZCA 16-04/ZC 16- 02/SP 207(L)/LCPA 16-03)—Adoption of Resolution No. 2017-045 approving an addendum to the Negative Declaration for Prop D Cannon Road Agricultural/Open Space Lands ZCA 09- 02/ZC 09-06/5P 207(I)/SP 144(K)/LCPA 09-05 and an amendment to the Local Coastal Program;and,Introduce Ordinance No.CS-317 approving an amendment to the Carlsbad Municipal Code Title 21 (Zoning Ordinance)to add Chapter 21.209 —Cannon Road Agricultural/Open Space Zone (CR-A/OS)and recommending approval of other related amendments to the Zoning Ordinance, Zoning Map, Carlsbad Ranch Specific Plan,and the Local Coastal Program. (Staff contact:Carl Stiehl, Community & Economic Development) Associate Planner Carl Stiehl and City Planner Don Neu presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Cori Schumacher's inquiry, Mr. Stiehl confirmed that Council would be able to revisit the south shore beach access during the next phase of the LCP apprehensive update. Mayor Hall opened the duly noticed Public Hearing at 9:08 p.m. Spoke in Support:Vicky Syage; Chris Calkins. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 9:12 p.m. March 14, 2017 Carlsbad City Council Regular Meeting Page 6 In response to Mayor Hall, Mr. Neu confirmed that the materials relating to this item were available prior to the Planning Commission meeting. Council Member C.Schumacher referenced pages 12 and 13 of the staff report and pointed out that the Coastal Commission made a change to the retail sales of goods and products related to a primary permitted open space use with a cumulative area of more than 500 square feet, changing it from the administrative hearing process to the Planning Commission process. She stated that she agreed with the change but also thought that there are two other areas where that same change should also be made.She stated she would like to see the secondary agricultural uses with retail sales of agricultural crops with a cumulative area of more than 1,000 square feet and food service including restaurants and cafes with a cumulative area of more than 500 square feet go to Planning Commission rather than an Administrative Hearing process. Council Member M.Packard spoke in support of staff's recommendation as opposed to forcing further review process. Council Member M.Schumacher and Mayor Pro Tern Blackburn concurred with Council Member Packard. Council discussion ensued regarding support for the agenda item. 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-317 and adopt Resolution No.2017-045. Motion carried unanimously, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 7.CONTRACT WITH MALLORY SAFETY &SUPPLY FOR A FIXED AND MOBILE LICENSE PLATE RECOGNITION SYSTEM —Adopt Resolution No. 2017-046 to enter into a contract with Mallory Safety & Supply for a fixed and mobile license plate recognition system in an amount not to exceed $807,025.20.(Staff contact:Cindy Anderson, Police Department) Captain Mickey Williams presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member M. Packard encouraged staff to provide data relating to reduction in crime as a result of license plate recognition systems being used within a community. In response to Council Member C.Schumacher's inquiry regarding the width of the camera angle to capture the license plate, Captain Williams stated that the LPR's are designed to recognize and detect the license plate. March 14, 2017 Carlsbad City Council Regular Meeting Page 7 In response to an inquiry from Council Member M. Schumacher, Captain Williams explained that staff is recommending a one-year retention of the photographs.He further explained that other agencies within San Diego County also retain LPR images for one year. In response to Council Member C.Schumacher,Captain Williams gave an overview of the crime statistics from 2015 and 2016. Vicky Syage spoke in opposition to the proposed fixed 51 LPR's. Pat Amador expressed concerns relating to the personal data that would be acquired through the use of the LPR's. Noel Breen spoke in opposition to the proposed fixed 51 LPR's. Bill Fowler spoke in opposition to the proposed contract. Laura Drelleshak spoke in opposition to the proposed 51 fixed LPR's. Kasey Cinciarelli spoke in support of the mobile LPR's;however, spoke in opposition of the proposed fixed LPR's. In response to an inquiry from Council Member M. Schumacher, Captain Williams explained the source of funding for this request would be the City's Innovation Fund. Council Member C.Schumacher confirmed that the camera also captures the area around the license plate and may capture photographs of people. In response to Council Member C.Schumacher, Captain Williams explained that the Vigilant solution maintains a nationwide database.He further explained that the ARJIS system is a San Diego County System. Mayor Pro Tem K.Blackburn spoke in support of the contract. Council Member M. Schumacher spoke in favor of giving officers the tools they need. Council Member M.Packard also spoke in support of the contract and the technology to protect Carlsbad residents. Council Member C.Schumacher expressed concerns relating to the collection of personal information and the lack of a cost benefit analysis being prepared for the proposed contract; therefore, would not be voting in support of the agenda item. Council Member M. Schumacher requested that the City Manager report back at a later date on the effectiveness of the cameras once the LPR's are implemented. March 14, 2017 Carlsbad City Council Regular Meeting Page 8 Mayor Hall spoke in support of the contract. ACTION:Motion by Mayor Pro Tern K.Blackburn,seconded by Council Member M. Schumacher to adopt Resolution No. 2017-046.Motion carried 4/1 (C.Schumacher —No). 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, March 18, 2017 —1:00 p.m. Council Goals Workshop —Public Comment Faraday Center 1635 Faraday Avenue Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 11:00 p.m. Sheila .CoSheila C2J2( - bian, CMC City Clerk Services Manager