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HomeMy WebLinkAbout2017-05-09; City Council; MinutesCITY COUNCIL May 9, 2017, 6 p.m. CALL TO ORDER: 6:00 p.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: None. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. PRESENTATION: Presentation in recognition of Water Safety Month. Mayor Matt Hall read the proclamation for Water Safety Month and presented it to Paramedic Firefighter John Macisaac, Chief Davis, Chief Lopez, Chief Chumbley, and Emergency Medical Services Manager Mary Murphy. John Macisaac thanked the Council and gave a few safety tips regarding water safety. Presentation in recognition of SAN DAG Bike Month. Council Member Cori Schumacher read the proclamation for SAN DAG Bike Month and presented it to Transportation Manager Craig Williams. Mr. Williams thanked the Council and the public for supporting alternative modes of transportation. CONSENT CALENDAR: Item No. 3 was continued to a date uncertain. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 1, 2, 4-11. Motion carried unanimously, 5/0. 1. REPORT ON CITY INVESTMENTS -Acceptance of report on City Investments as of March 31, 2017. (Staff contact: Nancy Sullivan, Administrative Services) 2. RIGHT OF ENTRY PERMIT WITH STATE OF CALIFORNIA FOR PICNIC FACILITIES -Adoption of Resolution No. 2017-072 authorizing a Right of Entry Permit with the State of California Department of Parks & Recreation to maintain the upper picnic facilities at Tamarack State Beach and the Coastal Bluff at Tamarack/Frazee State Beach. (Staff contact: Kyle Lancaster, Parks & Recreation) May 9, 2017 Carlsbad City Council Regular Meeting Page 2 This Item was continued to a date uncertain. 3. AWARD OF CONTRACT FOR 2017 PAVEMENT OVERLAY PROJECT-Adoption of a resolution accepting bids and awarding a contract to ATP General Engineering Contractors for an amount not to exceed $1,797,777 for construction of the 2017 Pavement Overlay Project, Project No. 6001-17OL. (Staff contact: Emad Elias, Public Works) 4. AGREEMENT WITH PRIZM JANITORIAL SERVICES, INC FOR CITYWIDE CUSTODIAL SERVICES - Adoption of Resolution No. 2017-073 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) 5. ACCEPT FUNDS FROM CALIFORNIA LIBRARY LITERACY SERVICE -Adoption of Resolution No. 2017-074 authorizing the Carlsbad City Library to apply for a grant from the California Library Literacy Service, to accept any award, and authorizing the Administrative Services Director to appropriate any funds received. (Staff contact: Heather Pizzuto, Library & Cultural Arts) 6. AUTHORIZE CITY MANAGER TO REQUEST COX COMMUNICATIONS COLLECT & REMIT PEG FEES -Adoption of Resolution No. 2017-075 authorizing the City Manager to request Cox Communications, California, LLC, continue to collect and remit Public, Education and Government (PEG) fees on behalf of the City of Carlsbad for an additional 10 years. (Staff contact: Jessica Padilla Bowen, City Manager Department) 7. OUT-OF-STATE TRAVEL TO ST. LOUIS, MO -Adoption of Resolution No. 2017-076 approving out-of-state travel for one Police Senior Management Analyst to present at the 41st Annual International Association of Chiefs of Police {IACP) Technology Conference in St. Louis, Missouri May 22-24, 2017. (Staff contact: Cindy Anderson, Police Department) 8. 2016 HOUSING ELEMENT PROGRESS REPORT -Adoption of Resolution No. 2017-077 accepting the Annual Housing Element Progress Report for January 2016 through December 2016. (Staff contact: Corey Funk, Community & Economic Development) 9. CITY MANAGER EMPLOYMENT AGREEMENT WITH KEVIN CRAWFORD -Adoption of Resolution No. 2017-078 approving the amended and restated City Manager Employment Agreement with Kevin Crawford with an annual fiscal impact of $22,651. (Staff contact: Julie Clark, Human Resources) 10. CITY A TT ORN EV EMPLOYMENT AG REEM ENT WITH CELIA A. BREWER -Adoption of Resolution No. 2017-079 approving the amended and restated City Attorney Employment Agreement with Celia A. Brewer with an annual fiscal impact of $21,519. (Staff contact: Julie Clark, Human Resources) 11. AMENDMENT NO. 3 TO CITYGATE ASSOCIATES, LLC AGREEMENT -Adoption of Resolution No. 2017-080 approving Amendment No. 3 to the agreement with Citygate Associates, LLC for Fire Department standard of cover and strategic plan. (Staff contact: Mike Davis, Fire Department) May 9, 2017 Carlsbad City Council Regular Meeting ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC COMMENT: Page 3 Heather Feldmann requested a street name change to Bobcat Way for the street portion located on Cannon in front of Sage Creek High School. Craig Sheets spoke about the currents effects on the ocean. Jennifer Bennet asked that the real estate sign enforcement policy be revisited. Barbara Mead spoke in favor of Community Choice Energy. Erica Leary requested that Council reconsider K-1 Speed's liquor license. Judy Strong expressed her concern for the liquor license being issued to K-1 Speed. DEPARTMENTAL AND CITY MANAGER REPORTS: Item #13 was moved up on the agenda for discussion at this time. 13. CVRA -DISTRICT ELECTIONS -Adopt Resolution No. 2017-081 expressing the City Council's intention, pursuant to Elections Code Section 10010(e)(3)(A), to initiate procedures for establishing and implementing by-district elections for City Council Members. (Staff contact: Celia A. Brewer, City Attorney) City Manager's Recommendation: Adopt the resolution. City Attorney Celia Brewer introduced the item and Rutan & Tucker Special Counsel John Ramirez who presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Mayor Pro Tern Blackburn, Mr. Ramirez stated that no one has prevailed in their lawsuits. In response to Council Member Michael Schumacher, Mr. Ramirez stated that cities that have voluntarily chosen to move to district elections have had a more peaceful transition and more control over the map drawing process. Glenn Bernard spoke about the California state government. Patricia Amador encouraged Council to take and consider public input. Melanie Burkholder spoke about the voting pool in each quadrant. May 9, 2017 Carlsbad City Council Regular Meeting Jackie Peacock spoke in opposition of the district elections. Patti Siegmann spoke about the demand letter. Duane Siegmann spoke about voting rights. Linda Breen spoke in support of districting. Francisca Galvan spoke about her history and background. Vickey Syage spoke about learning from the other cities to move forward. Deborah Ramirez encouraged everyone to work together. In opposition of staff's recommendation not wishing to speak: Andrea Ryon Judy Rees Page4 In response to Mayor Pro Tern Blackburn's inquiry, City Attorney Brewer stated that a resolution would be presented to Council at one of the next hearings so that everyone is aware of the criteria being used to form the districts. In response to Mayor Pro Tern Blackburn, Mr. Ramirez stated that state mandate would supersede the public's vote if the public voted to not redistrict. In response to Council Member Cori Schumacher's inquiry about the costs of possibly going to litigation, Mr. Ramirez stated that the City should expect to pay at least $3-5 million not including any expenses accrued for demographers, outside counsel and other litigation costs. This would also not include the cost of the map drawing. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-081. Motion carried, 3/2 -Packard and Hall no. Mayor Matt hall called for a recess at 7:23 p.m. The meeting resumed at 7:28 p.m. PUBLIC HEARINGS: 12. CT 16-09/RP 16-16-800 GRAND AVENUE -Adoption of Resolution No. 2017-082 approving a Tentative Tract Map and Major Review Permit to demolish three existing office/commercial buildings and construct 33 residential condominiums on three floors above a partially sub- grade parking garage at 800 Grand Avenue. Case Name: 800 Grand Avenue; Case No.: CT 16- 09/RP 16-16 (Dev 16-054) (Staff contact: Chris Garcia, Community & Economic Development) May 9, 2017 Carlsbad City Council Regular Meeting Page 5 City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Council Member Cori Schumacher recused herself at 7:29 p.m. stating that the project is in her immediate neighborhood. Associate Planner Chris Garcia presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Packard, Associate Planner Chris Garcia elaborated on the zoning approved for the area. In response to Mayor Hall, Chris Garcia confirmed that this project meets all the Growth Management Standards. Applicant Chris McKellar from McKellar McGowan and Principal Architect Robert Heidi from Robert Heidi Architects presented a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 7:37 p.m. Speakers in opposition of staff's recommendation: David Brahms Gary Nessim Robert Wilkinson Lisa McKethan Speakers in support of staff's recommendation: Matt Weaver Ed Shehab Mayor Hall closed the duly noticed Public Hearing at 8:05 p.m. Mayor Pro Tern Blackburn and Council Members M. Schumacher and Packard disclosed that they had met with the applicants in the past. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-082. Motion carried, 4/0/1 -(C. Schumacher - Absent). Council Member Cori Schumacher returned to the dais at 8:11 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: May 9, 2017 Carlsbad City Council Regular Meeting Page 6 This item was discussed prior to Item 12. 13. CVRA -DISTRICT ELECTIONS -Adopt Resolution No. 2017-081 expressing the City Council's intention, pursuant to Elections Code Section 10010(e)(3)(A), to initiate procedures for establishing and implementing by-district elections for City Council Members. (Staff contact: Celia A. Brewer, City Attorney) City Manager's Recommendation: Adopt the resolution. 14. FY 2017-18 CAPITAL IMPROVEMENT PROGRAM REPORT-Acceptance of report on FY 2017- 18 Capital Improvement Program and set the public hearing date for June 13, 2017. (Staff contact: Helga Stover, Finance) City Manager's Recommendation: Receive and file report. Finance Manager Helga Stover and Engineering Manager Plantz presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member M. Schumacher, Manager Plantz confirmed that the City of Carlsbad will also be a beneficiary of the new 12 cent gas tax that goes into effect as of November 2017. In response to Council Member C. Schumacher, Manager Plantz stated that there may be permitting required from the Coastal Commission for some of the structural parts in the Pine Tamarack Beach Access Repair as well as coordination with the state. Manager Stover confirmed Council Member C. Schumacher's inquiry, that the $4 million appropriation for Proposition C that is coming out of the general capital construction fund can be used for trail and open space projects. In response to Council Member C. Schumacher, Manager Plantz confirmed that this is the first time that the new village intelligent parking program is being called out at this level but there was some visibility prior to this as a part of the Carlsbad Coastal Corridor Mobility Readiness Plan. In response to Council Member C. Schumacher's inquiry, Manager Plantz stated that Council input is taken on an annual basis to reserve space for any future projects to be implemented only after funding is appropriated. To address Council Member C. Schumacher's inquiry, Manager Stover explained that the remaining funds from the general capital construction fund automatically gets refunded back into the fund once the project is closed out. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to accept report and set the public hearing date for June 13, 2017. Motion carried unanimously, 5/0. May 9, 2017 Carlsbad City Council Regular Meeting Page 7 15. COUNCIL INITIATED ITEM -DISCUSS BOARD, COMMISSION & COMMITTEE APPOINTMENT PROCESS -Discuss the current City Council laws, policies, and procedures for appointing residents to boards, commissions, and committees and provide direction to staff relating to any desired change in procedure. (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Discuss and provide direction to staff. Council Member C. Schumacher presented the report. De'Ann Weimer expressed that her expectations for this discussion had been to help the public have an understanding of what the process is. She also suggested that we take a look at having an ethics commission to review these types of issues. ACTION: Motion by Council Member M. Schumacher, seconded by Council Member M. Packard to accept the report with direction to staff to add the process to the Boards and Commission application and website and revisit this during the policy and code updates. 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. CITY CLERK COMMENTS: ANNOUNCEMENTS: None. ADJOURNMENT: Meeting was adjourned at 9:30 p.m.