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HomeMy WebLinkAbout2017-04-25; City Council; MinutesCITY COUNCIL Minutes April25, 2017, 6 p.m. CALL TO ORDER: 6:00p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ROLL CALL: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Keith Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes ofthe Special Meeting held March 18, 2017. Minutes ofthe Special Meeting held April11, 2017. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve the minutes as presented. Motion carried unanimously, 5/0. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. PRESENTATION: Presentation in recognition of Arbor Week. Council Member Packard read the proclamation for Arbor Week and presented it to Trees Supervisor Tim Selke and Mike Palat from the San Diego Regional Urban Forestry Council. Presentation in recognition of Better Hearing and Speech Month Council Member Michael Schumacher read the proclamation for Better Hearing and Speech Month and presented it to Teresa Barnes, RN, a local Carlsbad resident and Ambassador for Hearing Awareness. CONSENT CALENDAR: Item No.1 was continued to the May 9, 2017 City Council Meeting. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 2-4. Motion carried unanimously, 5/0. 1. AGREEMENT WITH PRIZM JANITORIAL SERVICES, INC. FOR CITYWIDE CUSTODIAL SERVICES- Adoption of a resolution accepting bids and awarding an agreement for citywide custodial services to Prizm Janitorial Services, Inc., for an amount not to exceed $2,701,583.28 over a six-year term. (Staff contact: Michael O'Brien, Public Works) Item No. 1 was continued to the May 9, 2017 City Council Meeting. April 25, 2017 Carlsbad City Council Regular Meeting Page 2 2. SET PUBLIC HEARING DATE FOR PROPOSED INCREASES TO RECYCLING AND TRASH SERVICE RATES-Adoption of Resolution No. 2017-063 setting the Public Hearing date for Tuesday, June 13, 2017 for consideration of proposed increases to recycling and trash service rates. (Staff contact: Avecita Jones, Public Works) 3. AGREEMENT WITH DUDEK ENVIRONMENTAL CONSULTANTS, INC. FOR PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS (PROJECT NO. 6611) -Adoption of Resolution No. 2017-064 approving a professional services agreement with Dudek Environmental Consultants, Inc. for an amount not to exceed $510,800, and appropriation of funds in the amount of $474,439 for the Park Drive Street and Drainage Improvements Project. (Staff contact: Daniel Zimny, Public Works) 4. AMENDMENT TO TELECOMMUNICATIONS NETWORK LICENSE AND ENCROACHMENT AGREEMENT WITH CROWN CASTLE NG WEST, INC.-Adoption of Resolution No. 2017-065 authorizing the City Manager to execute the Sixth Amendment to the Telecommunications Network License and Encroachment Agreement with Crown Castle NG West, Inc. (Staff contact: Curtis Jackson, City Manager Department) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION Item No.1 was continued to the May 9, 2017 City Council Meeting. 1. AGREEMENT WITH PRIZM JANITORIAL SERVICES, INC. FOR CITYWIDE CUSTODIAL SERVICES- Adoption of a resolution accepting bids and awarding an agreement for citywide custodial services to Prizm Janitorial Services, Inc., for an amount not to exceed $2,701,583.28 over a six-year term. (Staff contact: Michael O'Brien, Public Works) Glenn Bernard spoke in favor of the City contracting out more city services. ORDINANCES FOR INTRODUCTION: 5. ORDINANCE ADDING CHAPTER 8.90 (MARIJUANA) TO TITLE 8 OF THE CARLSBAD MUNICIPAL CODE AND AMENDING SECTION 1.08.010 OF CHAPTER 1.08 (PENALTY) -Introduce an ordinance adding Chapter 8.90 (Marijuana) to Title 8 of the Carlsbad Municipal Code to prohibit commercial marijuana activity and regulate the cultivation of marijuana for personal use, and amending Section 1.08.010 of Chapter 1.08 (Penalty) to make violations of Chapter 8.90 misdemeanors. (Staff contact: Heather Stroud, City Attorney Department) City Manager's Recommendation: Introduce the Ordinance by title only and schedule the second reading and adoption of the ordinance for a future meeting. Deputy City Attorney Heather Stroud presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Mayor Pro Tern Keith Blackburn, Deputy City Attorney Heather Stroud confirmed that this Ordinance would prohibit DEA permitted companies of doing any research and testing of the substance within city limits and would have to be amended to allow for that. April 25, 2017 Carlsbad City Council Regular Meeting Page 3 In response to an inquiry of Council Member Cori Schumacher, Captain Mickey Williams stated that if an unpermitted adult furnished another adult with marijuana, it is a misdemeanor under Prop 64. Jerome Stimple spoke in opposition of staff's recommendation. Larry Posner spoke in opposition of staff's recommendation. Tess Stewart Todd spoke in support of staff's recommendation. John Byrom was neutral with staff's recommendation. Aileen Loza spoke in support of staff's recommendation. James McDonald spoke regarding the effects of Roundup on property. Diane Rapp spoke in support of staff's recommendation. Chris Schneider spoke in support of staff's recommendation. Damian Johnson spoke in support of staff's recommendation. Brian Connor spoke in opposition of staff's recommendation. Katie Poponyak spoke in support of staff's recommendation. Jennifer Hill spoke in support of staff's recommendation. Lauren Faulstich spoke in support of staff's recommendation. Sawyer Griffiths spoke in support of staff's recommendation. Judi Strang spoke in support of staff's recommendation. Robbin Lynn spoke in opposition of staff's recommendation. Kim Trujillo spoke in opposition of staff's recommendation. In response to Mayor Pro Tern Keith Blackburn, Deputy City Attorney Heather Stroud confirmed that there is immunity from criminal prosecution for qualified patients and caregivers. In response to Council Member Cori Schumacher, Deputy City Attorney Heather Stroud stated that staff only used the Rocky Mountain High Intensity Drug Trafficking Area, The Legalization of Marijuana in Colorado: The Impact (vol. 4, Sept. 2016} study in preparation of this staff report. April 25, 2017 Carlsbad City Council Regular Meeting Page4 In response to Mayor Pro Tern Keith Blackburn, Deputy City Attorney Heather Stroud stated that marijuana is not something that can be obtained at a pharmacy. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to return item to staff and bring back ordinance with additional information on research and transportation at a later time. Motion carried unanimously, 5/0. ORDINANCES FOR ADOPTION: None. PUBLIC COMMENT: Kim Trujillo spoke in regards to placing pedestrian crosswalks by Tamarack across Tower 32 and North of the Tamarack parking lot. PUBLIC HEARINGS: 6. COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN AND HOME INVESTMENT PARTNERSHIP PROGRAM-Adoption of Resolution No. 2017-066 approving and authorizing the submission of the 2017-2018 Action Plan for Community Development Block Grant (CDBG) funding to the United States Department of Housing and Urban Development; and, Adoption of Resolution No. 2017-067 approving the participation in the HOME Investment Partnership Program and authorizing the City Manager to enter into agreements related to those programs. (Staff contact: Courtney Pene, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolutions. Housing & Neighborhood Services Director Debbie Fountain and Management Analyst Courtney Pene 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, Management Analyst Courtney Pene provided a status update on the budget for HUD. Mayor Hall opened the duly noticed Public Hearing at 7:37p.m. Lauren Pollick and Joaquin Bias spoke regarding the assistance that has been provided due to funding at La Posada. Lea Williams thanked the City Council for their r;ontinued support to the Community Resource Center. Greg Anglew thanked the City Council on behalf of Interfaith Community Services Center and gave a presentation (on file in the office of the City Clerk) regarding the new Carlsbad Service Center. April 25, 2017 Carlsbad City Council Regular Meeting Page 5 Mayor Hall closed the duly noticed Public Hearing at 7:43p.m. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-066 and Resolution No. 2017-067. Motion carried unanimously, 5/0. 7. ARMY AND NAVY ACADEMY STUDENT ENRICHMENT CENTER-Adoption of Resolution No. 2017-068 approving a Major Review Permit and Coastal Development Permit to allow for the construction of a two-story 4,714 square foot building for student meeting and exhibition space at the south end of the athletic complex at 2800 Carlsbad Boulevard in District 9 of the Village Review Zone, the Village Segment of the Local Coastal Program and within Local Facilities Management Zone 1. Case Name: Army & Navy Academy Student Enrichment Center; Case No.: RP 16-12/CDP 16-28 (DEV 16-034). (Staff contact: Austin Silva, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Associate Planner Austin Silva 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 Michael Schumacher, Associate Planner Austin Silva explained that there are still numerous phases left to this center. In response to Council Member Cori Schumacher, the applicant provided background information about the use and purpose of the space. Mayor Hall opened the duly noticed Public Hearing at 7:51 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 7:51 p.m. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-068. Motion carried unanimously, 5/0. 8. WEED ABATEMENT PROGRAM -Adoption of Resolution No. 2017-069 declaring as public nuisances, weeds, rubbish, and refuse upon private property in the City of Carlsbad in conjunction with the City of Carlsbad Weed Abatement Program and directing the Fire Chief to abate the nuisances. (Staff contact: Randy Metz, Fire Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Fire Marshal Randy Metz presented the staff report. Mayor Hall opened the duly noticed Public Hearing at 7:53 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 7:53p.m. April 25, 2017 Carlsbad City Council Regular Meeting Page 6 ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-069. Motion carried unanimously, 5/0. Mayor Hall adjourned to the Joint Special Meeting of the Carlsbad Municipal Water District at 7:54p.m. Mayor Hall reconvened the Regular City Council Meeting at 7:55p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. REPORT ON SHORT-TERM VACATION RENTALS-Adopt Resolution No. 2017-070 to accept Status Report on Short-term Vacation Rentals, and approve $100,000 in funding to obtain professional services for a one year pilot program to assist with compliance efforts. (Staff contact: Debbie Fountain, Community & Economic Development) City Manager's Recommendation: Adopt the resolution. Housing & Neighborhood Services Director Debbie Fountain presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Mark Packard, Senior Program Manager Kerry Jezisek provided an update on open cases and complaints. Joe Donegan made an inquiry whether only 10% of STV rentals are in conformance and whether the TOT that has been collected exclude hotels and motels. He also inquired about the amount of man hours per month being used exclusively for STV Rentals and questioned why they are using highly paid employees to pick up signs on the weekend. Jill Agosti spoke in support of staff's recommendation. Jes Hinrichs spoke in support of staff's recommendation. Brian Connor spoke in opposition to staff recommendation. In response to Mr. Donegan's inquiry, Director Fountain stated that currently about 10% of STV rentals have received approval of their permit. Transient Occupancy Tax numbers were only for STV Rentals. Part-time employees are now being used for sign removal. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-070. Motion carried unanimously, 5/0. 12. PUBLIC ARTWORK CONCEPT FOR PINE AVENUE COMMUNITY PARK-Adopt Resolution No. 2017-071 approving recommended public artwork concept designs for Pine Avenue Community Park Improvement Project. (Staff contact: Richard Schultz, Library & Cultural Arts) City Manager's Recommendation: Adopt the resolution. April 25, 2017 Carlsbad City Council Regular Meeting Page 7 Library & Cultural Arts Director Heather Pizzuto and Cultural Arts Manager Richard Schultz presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Jenna Didier, Artist, provided a PowerPoint presentation (on file in the Office of the City Clerk). Sherry Alvarado spoke in support of staff's recommendation. John and Julie Gomez spoke in support of staff's recommendation. Julie Ajdour spoke in support of staff's recommendation. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-071. 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. CITY CLERK COMMENTS: ANNOUNCEMENTS: Mayor Hall announced that Council Members may be participating in the upcoming events: Saturday, April29, 2017-12:00-2:00 p.m. Carlsbad Educational Foundation's Celebrate Carlsbad Day LEGOLAND California 1 Legoland Dr. Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 9:02 p.m.