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HomeMy WebLinkAbout2017-07-25; City Council; MinutesCITY COUNCIL Minutes July 25, 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 Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held May 9, 2017. Minutes of the Regular Meeting held May 9, 2017. Minutes of the Joint Special Meeting held May 23, 2017. Minutes of the Joint Special Meeting held June 13, 2017. Minutes of the Special Meeting held June 15, 2017. Minutes of the Regular Meeting held June 20, 2017. Minutes of the Special Meeting held June 27, 2017. Minutes of the Regular Meeting held June 27, 2017. Minutes of the Special Meeting held June 29, 2017. Minutes of the Special Meeting held July 11, 2017. Minutes of the Joint Special Meeting held July 11, 2017. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve the minutes as presented. Motion carried, 5/0. PRESENTATIONS: Presentation of San Diego MSA Training Skills Competition Trophy to Public Works. The City Council recognized the Public Works team for winning the San Diego MSA Training Skills Competition trophy. Presentation from San Diego County Water Authority. San Diego County Water Authority General Manager Maureen Stapleton provided an update on water issues in the region. She also requested that the Council consider drafting a resolution or letter of support for the Authority's efforts in resolving the dispute with Metropolitan Water District. CONSENT CALENDAR: Item No. 2 was pulled for discussion and Item No. 3 was returned to staff. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 1, 4 and 5. Motion carried unanimously, 5/0. July 25, 2017 Carlsbad City Council Regular Meeting Page 2 1. ADVERTISE FOR BIDS FOR 2017-18 SLURRY SEAL PROJECT -Adoption of Resolution No. 2017- 142 approving the plans and specifications and authorizing the City Clerk to advertise for bids for the 2017-18 Slurry Seal Project, Project No. 6001-17SS. {Staff contact: Emad Elias, Public Works) This item was pulled for discussion. 2. APPROVAL OF CITY INVESTMENT POLICY -Adoption of a resolution approving the City's Investment Policy dated July 25, 2017. (Staff contact: Nancy Sullivan, Administrative Services) This item was returned to staff. 3. AWARD OF CONTRACT TO SEASIDE HEATING & AIR CONDITIONING, INC. FOR DOVE LIBRARY HVAC CONTROLS-Adoption of a resolution approving the plans and specifications, accepting bids and awarding a contract to Seaside Heating & Air Conditioning, Inc. for an amount not to exceed $241,744 for the Dove Library HVAC controls, Project No. 4030. (Staff contact: Steve Didier, Public Works) 4. AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR ENGINEERING PLANCHECK SERVICES -Adoption of Resolution No. 2017-144 approving a professional services agreement with Michael Baker International {MBI, Inc.) to provide engineering plancheck services for up to five years. (Staff contact: Jason Geldert, Community & Economic Development) 5. AGREEMENT WITH NV5, INC. FOR ENGINEERING PLANCHECK SERVICES -Adoption of Resolution No. 2017-145 approving a professional services agreement with NV5, Inc. to provide engineering plancheck services for up to five years. (Staff contact: Jason Geldert, Community & Economic Development) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION Council Member C. Schumacher requested further discussion of Item No. 2. 2. APPROVAL OF CITY INVESTMENT POLICY -Adoption of Resolution No. 2017-143 approving the City's Investment Policy dated July 25, 2017. (Staff contact: Nancy Sullivan, Administrative Services) In response to an inquiry from Council Member C. Schumacher, City Treasurer Craig Lindholm confirmed that this would be the first time the City would be investing outside the United States. Barbara Mead expressed concerns relating to investments in oil companies such as Exxon and Chevron. Treasurer Lindholm explained that the City's investments in Chevron and Exxon have done well and that they are well-run diversified energy type companies headquartered in the U.S. He further explained that they are AA credit rated corporate note structured companies. July 25, 2017 Carlsbad City Council Regular Meeting Page 3 ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-143 approving the City's Investment Policy dated July 25, 2017. Motion carried, 4/1 (C. Schumacher-No). ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 6. ADOPTION OF ORDINANCE ESTABLISHING AND IMPLEMENTING BY-DISTRICT ELECTIONS - Adoption of Ordinance No. CS-322 establishing and implementing By-District Elections (Government Code §34886 and Election Code §10010.). (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. City Attorney Celia Brewer titled the Ordinance. Paige DeCino commented that she lives on Skyline Road and that her neighbor across the street is in a different district than her. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-322. Motion carried, 4/1 (C. Schumacher -No). PUBLIC COMMENT: Walt Meier spoke in opposition to permitting dogs to be off leash on the Village H trails. Josh Brock spoke in favor of Renovate America and the programs they offer. Craig (no last name given) expressed concerns relating to drug trafficking. Frank Merchat expressed concerns relating to businesses adjacent to his home. He explained that the noise generated between the hours of 10 p.m. and 6:30 a.m. at the Home Depot and Forum is disruptive. PUBLIC HEARING: This item was continued to August 22, 2017 at the request of the project applicant. 7. APPEAL OF AMEND 2017-0002-Kl SPEED INDOOR KART RACING -6212 CORTE DEL ABETO - Appeal hearing relating to Conditional Use Permit Amendment (Amend 2017-0002). (Staff contact: Teri Delcamp, Community & Economic Development) City Manager's Recommendation: Continue the item to the August 22, 2017 City Council Meeting. July 25, 2017 Carlsbad City Council Regular Meeting Page 4 8. ESTABLISH AN ELECTRIC VEHICLE CHARGING FEE -Adoption of Resolution No. 2017-146 amending the Master Fee Schedule to establish an Electric Vehicle Charging Fee. (Staff contact: Jason Haber, City Manager Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Assistant to the City Manager Jason Haber presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 7:15 p.m. Speaker opposed to staff recommendation: Kevin Sabellico. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 7:19 p.m. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-146. Motion carried, 5/0. 9. WEED ABATEMENT COST ASSESSMENT-Adoption of Resolution No. 2017-147 approving the cost assessments for abatement and directing the City Clerk to file a certified copy of the resolution with the San Diego County Assessor. (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 gave an overview of the report. Mayor Hall opened the duly noticed Public Hearing at 7:23 p.m. Barbara Meade requested Round-Up not be used for the abatement of weeds. Kim Trujillo suggested the use of white vinegar for the abatement of weeds. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 7:25 p.m. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-147. Motion carried, 5/0. July 25, 2017 Carlsbad City Council Regular Meeting Page 5 10. VILLAGE MASTER PLAN AMENDMENT FOR DISTILLERIES AND RESTAURANTS -Adoption of a resolution approving an amendment to the Village Master Plan and Design Manual to allow distilleries and restaurants as provisional uses within Land Use District 6 (outside the Coastal Zone) of the Village Review Zone and to add new special provisional use standards for distilleries to the Master Plan for property generally located in the City's downtown area and zoned "Village Review" (V-R) in Local Facilities Management Zone 1. Project Name: Village Master Plan Amendment for Distilleries and Restaurants. Project No. AMEND 2017-0005 / DEV 2017-0023 (Staff contact: Teri Delcamp, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Due to a conflict of interest (property owner in Land Use District 6), Mayor Hall recused himself from participating in discussion of the item and left the dais at 7:25 p.m. Mayor Pro Tern Blackburn announced that due to the number of speakers wishing to address the Council regarding this item, speaker time would be reduced to two minutes. Principal Planner Teri Delcamp presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Sergeant Scott Meritt reviewed the regulations relating to distillers license type 74. The applicant Nicholas Hammond presented a presentation (on file in the office of the City Clerk) providing details of the proposed project. Mayor Pro Tem Blackburn opened the duly noticed Public Hearing at 8:15 p.m. Speaker in opposition to staff's recommendation representing a group: Linda Breen (representing Kris Wright, Crocker Price, Hope Nelson, Mary Anne Viney and Ed Simpson). Recess: Mayor Pro Tem Blackburn declared a recess at 8:22 p.m. Mayor Pro Tem Blackburn reconvened the meeting at 8:27 p.m. Speakers in support of staff's recommendation: Alexis Smith; Nicole, Hammond; Marta Hammond-Ashby; Karen Smith; Nick Schaller; Joan Schaller; Paige Jensen; John Prietto; Peter Loyola; Gary Raskin; Laurie Boone; Chloe Euse; Kevin Ashby; Adam Carruth; Cindy Vigne; Anna Santos; Bill Blackledge; John Revell; Erica Engel/; David Taylor; Sean Heal; Casey Miles; Larry Cambra; Shelley Brown; Becky Mendoza; Taylor Knox; Lindsey Olson; Marc Rizzle; Chris Van Aly; Heather Olson; Carter Peterson. Submitted speaker card in support; however, did not speak: Erik Luedeke; Matthew Fernandes; Joseph Arguello. July 25, 2017 Carlsbad City Council Regular Meeting Page 6 Speakers in opposition to staff's recommendation: Diana Ricker; Robin Hansen; Pat Amador; Barbara Mead; Penny Johnson; Karen Hemmingway; Laura Drelleshak; Kim Trujillo; Erica Leary on behalf of North Coastal Prevention Coalition (provided a PowerPoint -on file in the Office of the City Clerk); Simon Angel; Gary Nessim; Donna Rencsak; Julie Ajdour; TJ Childs; Kelly McCormick; Janet Asaro; Adriana Sanchez; Corinna Contreras; Cipriano Vargas; Madge Torres; Stacy King; Esther Sanchez; Lauren Cornett; Jan Neff-Sinclair; Barbara Campbell; Elizabeth Dates; Monica; Meir. Submitted speaker card in opposition; however, did not speak: Jan Bandich. The applicant Nicholas Hammond concluded by stating that he walked the neighborhood and received support from residents in the area for his proposed project. Mayor Pro Tem Blackburn closed the duly noticed Public Hearing at 10:24 p.m. Council Member Packard spoke in favor of bifurcating the vote to allow a vote on permitting restaurant use in District 6 separate from the vote on allowing distillery use in District 6. Council Member M. Schumacher stated he could support staff's recommendation to allow restaurant and distillery use in District 6. Council Member C. Schumacher spoke in support of Council Member Packard's suggestion to bifurcate the vote regarding restaurant and distillery use. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt the resolution. Motion failed due to lack of majority support, 2/2/1 (Packard and C. Schumacher -No/ Hall -Absent). City Attorney Celia Brewer explained that if the Council wishes to bifurcate the vote on the uses within the Resolution, staff will return with a consent calendar resolution at a future council meeting for council consideration. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to direct staff to return with a consent calendar resolution allowing restaurant use in District 6. Motion carried, 4/1 (Hall -Absent). Recess: Mayor Pro Tem Blackburn declared a recess at 11:14 p.m. Mayor Hall returned to the dais at 11:17 p.m. Mayor Hall reconvened the meeting at 11:17 p.m. July 25, 2017 Carlsbad City Council Regular Meeting Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 11. DESIGNATION OF VOTING DELEGATE AND ALTERNATES AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE -Adoption of Resolution No. 2017-149 designating a voting delegate and alternates for the League of California Cities Annual Conference in Sacramento, California, September 13 -15, 2017. City Manager's Recommendation: Adopt the resolution. ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, adopting Resolution No. 2017-149 appointing Council Member Cori Schumacher as Voting Delegate and Council Member Michael Schumacher as Alternate Voting Delegate. Motion carried unanimously, 5/0. 12. HOUSING COMMISSION APPOINTMENT -Adoption of Resolution No. 2017-150 appointing one member to the Housing Commission. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolution. ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, adopting Resolution No. 2017-150 appointing Kristy Randall to the Housing Commission. Motion carried unanimously, 5/0. 13. TRAFFIC SAFETY COMMISSION APPOINTMENTS -Adoption of Resolution No. 2017-151 appointing two members to the Traffic Safety Commission. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolution. ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, adopting Resolution No. 2017-151 reappointing Fred Muir and Chuck Hunter to the Traffic Safety Commission. Motion carried, 4/1 (C. Schumacher -No). 14. AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS' COMMITTEE APPOINTMENTS -Adoption of Resolution Nos. 2017-152, 2017-153 and 2017-154 appointing three members to the Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Committee. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolution. ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, adopting Resolution No. 2017-152 appointing Pat Smerdu to the Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Committee. Motion carried unanimously, 5/0. July 25, 2017 Carlsbad City Council Regular Meeting Page 8 ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, Resolution No. 2017- 153 appointing Carolyn Alkire to the Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Committee. Motion carried unanimously, 5/0. ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, Resolution No. 2017- 154 appointing Brian Flock to the Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Committee. 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: Friday, August 18, 2017 -11 a.m. -1:30 p.m. Carlsbad Chamber of Commerce & the Carlsbad State of the City Luncheon Sheraton Carlsbad Resort & Spa 5480 Grand Pacific Drive Carlsbad, CA Monday, August 21, 2017 -6 p.m. State of the City Video Presentation Carlsbad City Library-Schulman Auditorium 1775 Dove Lane Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 11:21 p.m. City Clerk Services Manager