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.