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HomeMy WebLinkAbout2017-07-11; City Council; MinutesCITY COUNCIL July 11, 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: Minutes of the Regular Meeting held May 23, 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 a donation from Friends of the Carlsbad Library. Mayor Hall introduced Library & Cultural Arts Director Heather Pizzuto. President of Friends of the Library Linda Swink thanked the Council for their support. Presentation of proclamation in recognition of Planning Commissioner Hap L'Heureux. Mayor Hall read the proclamation to Hap L'Heureux in recognition of his service on the Planning Commission. CONSENT CALENDAR: ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 1-6. Motion carried unanimously, 5/0. 1. ANNUAL LEVY OF BENEFIT ASSESSMENTS FOR BUENA VISTA CHANNEL MAINTENANCE DISTRICT AREA NO. 1. -Adoption of Resolution No. 2017-129 authorizing the annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2017-18. (Staff contact: Roxanne Muhlmeister, Administrative Services) 2. ACCEPTANCE OF DONATION FROM FRIENDS OF THE CARLSBAD LIBRARY. -Adoption of Resolution No. 2017-130 accepting a Fiscal Year 2017-18 donation of $79,415 and a pledge of $39,985 in additional support from the Friends of the Carlsbad Library to the City of Carlsbad Library and Cultural Arts Department. (Staff contact: Heather Pizzuto, Library & Cultural Arts) July 11, 2017 Carlsbad City Council Regular Meeting Page 2 3. PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. - Adoption of Resolution No. 2017-131 approving a Professional Services Agreement with Michael Baker International, Inc. for an amount not to exceed $153,400 for the El Camino Real and College Boulevard intersection improvements, Project No. 6071. (Staff contact: Brandon Miles, Public Works) 4. AWARD OF CONTRACT TO ATP GENERAL ENGINEERING CONTRACTORS. -Adoption of Resolution 2017-132 accepting bids and awarding a contract to ATP General Engineering Contractors for an amount not to exceed $1,797,777 for construction ofthe 2017 Pavement Overlay Project, Project No. 6001-17OL. (Staff contact: Emad Elias, Public Works) 5. MEMORANDUM OF UNDERSTANDING WITH ENCINA WASTEWATER AUTHORITY. -Adoption of Resolution 2017-133 authorizing execution of a Memorandum of Understanding with the City of Vista and Encina Wastewater Authority for operation and maintenance of the Buena Vista and Agua Hedionda pump stations. (Staff contact: Terry Smith, Public Works) 6. AGREEMENT WITH DOMUS STUDIO ARCHITECTURE, INC. -Adoption of Resolution 2017-134 authorizing execution of an agreement with Domus Studio Architecture, Inc. to provide Bridging Consultant Services for the reconstruction of Fire Station 2 for an amount not to exceed $237,310, Project No. 4060. (Staff contact: Steven Stewart, Public Works) ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. 7. ADOPTION OF ORDINANCE NO. CS-320 ADDING SECTION 1.08.030 TO THE CARLSBAD MUNICIPAL CODE -Adoption of Ordinance No. CS-320 adding Section 1.08.030 to the Carlsbad Municipal Code to authorize Carlsbad Police Rangers to issue Notices to Appear for misdemeanor violations and infractions of the Carlsbad Municipal Code and the Animal Control Provisions of the San Diego County Code. (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. Laurie Boone spoke about enforcement of dog leash rules. City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-320. Motion carried unanimously, 5/0. 8. ADOPTION OF ORDINANCE NO. CS-321 ADDING SECTION 3.38.095 TO THE CARLSBAD MUNICIPAL CODE -Adoption of Ordinance No. CS-321 adding Section 3.38.095 to the Carlsbad Municipal Code relating to opting out of the Carlsbad Golf Lodging Business Improvement District. (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. July 11, 2017 Carlsbad City Council Regular Meeting Page 3 City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-321. Motion carried unanimously, 5/0. PUBLIC COMMENT: Brian Connor spoke about various subjects including dog injuries to the elderly. Jay R. Kratt requested emergency assistance from the Council for his displacement. PUBLIC HEARINGS: Item Nos. 9 and 10 were presented together. 9. STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1-Approval of Resolution No. 2017-135 confirming the diagram and assessment and providing for the levy of the annual assessment for Fiscal Year 2017-18 for Street Lighting and Landscaping District No. 1, a special assessment district. (Staff contact: Roxanne Muhlmeister, Administrative Services) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Senior Accountant Roxanne Mulhmeister presented the staff report for both Item #9 and Item #10 and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the Public Hearing at 6:28 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:28 p.m. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-135 and Resolution No. 2017-136. Motion carried, 5/0. Item Nos. 9 and 10 were presented together. See Item No. 9 for details. 10. STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 -Approval of Resolution No. 2017-136 confirming the diagram and assessment and providing for the levy of the annual assessment for Fiscal Year 2017-18 for Street Lighting and Landscaping District No. 2, a special assessment district. (Staff contact: Roxanne Muhlmeister, Administrative Services) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-135 and Resolution No. 2017-136. Motion carried, 5/0. July 11, 2017 Carlsbad City Council Regular Meeting Page 4 11. PUBLIC HEARING REGARDING DRAFT MAPS OF THE CITY'S PROPOSED VOTING DISTRICTS - That the City Council hold a Public Hearing and receive public comment regarding the draft maps of voting district boundaries, and if desired, eliminate any draft maps the Council no longer wishes to consider adopting. (Staff contact: Celia Brewer, City Attorney) City Manager's Recommendation: Receive the report and conduct the public hearing. Demographer Doug Johnson and Attorney Alan Fenstermacher presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member M. Packard, Attorney Fenstermacher confirmed that if the Council chose to draft a new map, it would create a timeline conflict unless it was published that same night to allow for the 7 day noticing period. In response to Mayor Hall's inquiry, Attorney Fenstermacher stated that all maps were legally defensible except for the Hawney 1 map. In response to Council Member C. Schumacher, Attorney Fenstermacher explained that showing a preference of concentrating a minority group to give them a higher chance of electing a candidate is the court's preference. Mayor Matt Hall opened the Public Hearing at 6:46 p.m. Speakers: Laura Drelleshak, Arnie Cohen, Stacy King, Barbara Mead, Simon Angel, Casey Cintorelli, Dale Kubaki Mayor Matt Hall closed the duly noticed Public Hearing at 7:05 p.m. In response to Council Member C. Schumacher, Attorney Fenstermacher explained that showing a preference of concentrating a minority group to give them a higher chance of electing a candidate is the court's preference. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to select the Cohen-Flock 1 map. Motion carried, 4/1 (No -C. Schumacher). ACTION: Motion by Mayor M. Hall, seconded by Council Member M. Packard, to select the Districts 1 and 3 sequence for election in 2018. Motion carried, 5/0. 12. MAJOR REVIEW PERMIT AND TENTATIVE TRACT MAP FOR PROPERTY LOCATED AT 2677 STATE STREET -That the City Council hold a Public Hearing and adopt Resolution No. 2017- 137 approving Major Review Permit 2016-0001 and Tentative Tract Map No. 2016-0002 for the construction of a four-story mixed-use building consisting of 1,622 square feet of ground floor office space and seven condominium units located at 2677 State Street; and, Adopt Resolution No. 2017-138 approving a request to participate in the Parking In-Lieu Fee program for the purchase of two parking credits at a cost of $11,240 each to satisfy half of the office parking requirement of four spaces. Project Name: Townhouse. Project No: RP 2016-0001/CT 2016-0002 (DEV 2016-0031) (Staff contact: Austin Silva, Community & Economic Development) July 11, 2017 Carlsbad City Council Regular Meeting Page 5 City Manager's Recommendation: Take public input, close the public hearing and adopt the resolutions. 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 Mayor Pro Tern Blackburn's inquiry, Associate Planner Silva confirmed that the project does meet every development standard and is not seeking a variance. In response to Council Member C. Schumacher, Associate Planner Silva stated that the width of the project site and adjacent property combined would be 135 feet wide with no break between the two buildings. In response to Council Member C. Schumacher's inquiry, Housing and Neighborhood Services Director Debbie Fountain explained that the housing credit has an age and income limitation and 50 credits are still available for the combined project. In response to Council Member C. Schumacher, Associate Planner Silva confirmed that the developer will be paying parking-in-lieu fees on two parking spaces. Project Designer and Builder Mark Benjamin and Ed Leonard presented a PowerPoint presentation illustrating the proposed project (on file in the Office of the City Clerk). In response to Council Member C. Schumacher's inquiry, Project Designer Benjamin stated that he used the guidelines of the current existing plans and nothing related to the new Village and Barrio Master Plan to design and build this project. In response to Council Member C. Schumacher, Project Designer Benjamin confirmed that the parking is secured parking and the public will park on the street. Mayor Hall opened the Public Hearing at 8:11 p.m. Speakers in opposition of staff's recommendation: Tom Rudden, Brian Connor. Speakers in support of staff's recommendation: Robert Wilkinson. Mayor Hall closed the duly noticed Public Hearing at 8:20 p.m. Project Designer Benjamin stated that the applicant is willing to install street trees on this project. In response to Council Member C. Schumacher, Associate Planner Silva confirmed that a below grade parking lot would not have been financially feasible with the proposed project. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-137 and Resolution No. 2017-138 with the addition of the applicant to install street trees. Motion carried, 4/1 (C. Schumacher -No). July 11, 2017 Carlsbad City Council Regular Meeting Page 6 13. PACIFIC WIND APPEAL-That the City Council hold a Public Hearing and adopt Resolution No. 2017-139 denying the appeal and upholding the decision of the Planning Commission to approve a Site Development Plan, Coastal Development Permit and Minor Subdivision to allow for the demolition of 44 residential units and the construction of a 93-unit apartment (92 affordable units) development, including a Development Standards modification, and a street abandonment for a portion of Harding Street near the intersection of Carol Place, in the Residential-Density Multiple Zone in Local Facilities Management Zone 1. Case Name: Pacific Wind. Case No.: SDP 15-18/CDP 16-04/MS 16-01 (Dev 15-058) (Staff contact: Austin Silva, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Appellant Everett Delano, Will Rogers and Dr. Fred Johnson spoke in opposition of staff's recommendation and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). 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). Mayor Hall opened the Public Hearing at 9:12 p.m. Speakers in opposition of staff's recommendation: Tom Rudden, Jan Neff-Sinclair, Linda Breen, John Bailey, Elizabeth Banks, Socorro Anderson, Mr. Monroy, Emilio Gonzalez, Julia, Casey Cintorelli. Speakers in support of staff's recommendation with modifications: Marissa Torres, Bonnie Hammer. Speakers that did not state their position on staff's recommendation: Patricia Amador. Speakers neutral of staff's recommendation: Matt Cappucci/Ii. Mayor Hall closed the duly noticed Public Hearing at 9:46 p.m. In response to Council Member C. Schumacher's inquiry, Housing and Neighborhood Services Director Debbie Fountain explained that a lot of the funding is done through loan repayments, housing credit purchases, grants, and in-lieu and impact fees. In response to Council Member C. Schumacher, Director Fountain stated that the City would be receiving 92 housing credits from this project. In response to Mayor Pro Tern Blackburn's inquiry, City Attorney Celia Brewer explained that the Council is able to either uphold, modify or reverse the planning commission decision based on substantial evidence. July 11, 2017 Carlsbad City Council Regular Meeting Page 7 In response to Council Member M. Schumacher, City Planner Neu confirmed that the noise levels and air quality can be mitigated. In response to Council Member C. Schumacher, Engineering Manager Jason Geldert confirmed that there have been plans for freeway widening in this area. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Packard, to adopt Resolution No. 2017-139. Motion carried, 3/2. (No -M. Schumacher and C. Schumacher) Mayor Hall adjourned to the Joint Special Meeting of the City Council and Carlsbad Municipal Water District at 10:42 p.m. Mayor Hall reconvened the Regular Meeting of the City Council at 10:44 p.m. with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 16. WINNING TEAMS GRANT REQUEST FROM CARLSBAD BREAK -Consider the request from Carlsbad Break for a Winning Teams Grant in the amount of $6,320. (Staff contact: Debbie Fountain, Housing & Neighborhood Services) City Manager's Recommendation: Deny the request. Housing & Neighborhood Services Director Debbie Fountain presented the staff report (on file in the Office of the City Clerk). Carlsbad Break Coach Chris Lopez and two members of the baseball team requested that Council consider and approve their request. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Mayor Matt Hall, to approve request. Motion failed, 2/3 (No -Council Member M. Schumacher, C. Schumacher and M. Packard). 17. COMMUNITY CHOICE ENERGY-REGIONAL FEASIBILITY STUDY -Adoption of Resolution No. 2017-141 authorizing the City Manager to negotiate, execute and fund a Cost Share Agreement allowing for the City of Carlsbad's participation in the preparation of a Community Choice Energy Technical Feasibility Study in an amount not to exceed $60,000, and to request energy load data from San Diego Gas & Electric Company. (Staff contact: Jason Haber, City Manager Department) City Manager's Recommendation: Adopt the resolution. Assistant to the City Manager Jason Haber presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). July 11, 2017 Carlsbad City Council Regular Meeting Page 8 Paige DeCino from the Sierra Club spoke in support of staff's recommendation. Submitted speaker cards in support of staff's recommendation but did not speak: Stacy King, Barbara Mead, Liz Myers-Chamberlin, Michael Hetz, Natalie Shapiro, Bruce Bekkar, Brian Connor, Sarah Benson, Sophie Wolfram, Alex DeTaboada, Vicki Geehan, Jim Wang, Jan Neff- Sinc/air. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-141 with the option to review the Category 3 Certificates. Motion carried, 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: Saturday, July 15, 2017-6:00 p.m. Agua Hedionda Lagoon Foundation Discovery Gala Sheraton Carlsbad Resort & Spa 5480 Grand Pacific Drive Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 11:14 p.m.