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HomeMy WebLinkAbout2017-08-22; City Council; MinutesCITY COUNCIL Minutes August 22, 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 June 13, 2017. Minutes of the Joint Special Meeting held July 11, 2017. Minutes of the Regular Meeting held July 18, 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 from San Diego County Tax Collector Dan McAllister, San Diego County Treasurer-Tax Collector, provided a brief overview of the County's property tax billing efforts. CONSENT CALENDAR: Mayor Hall announced he would not be voting on Item No. 6 due to owning property in the subject area. Item Nos. 2 and 4 were pulled for discussion. ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 1, 3, and 5 through 9. Motion carried, 5/0. Item No. 6, Motion carried, 4/1 (Mayor Hall absent from vote due to conflict of interest). 1. APPROVAL OF CONTRACT, PLANS AND SPECIFICATIONS FOR OCEAN STREET BEACH ACCESS IMPROVEMENTS -Adoption of Resolution No. 2017-160 approving the contract, plans and specifications for the Ocean Street Beach Access Improvements Project (CIP No. 6057), and authorizing the City Clerk to advertise the project for public bids. (Staff contact: Kyle Lancaster, Parks & Recreation) August 22, 2017 Carlsbad City Council Regular Meeting Page 2 This item was pulled for discussion by a member of the public. 2. CONTRACT WITH TOVEY-SCHULTZ FOR LEO CARRILLO RANCH PROJECT (CIP NO. 4602) - Adoption of Resolution No. 2017-161 awarding a contract for the Leo Carrillo Ranch Stables Restoration and Chicken Coop/New Restroom Construction Project (CIP No. 4602} to Tovey- Schultz Construction, Inc., in an amount not to exceed $2,053,976. (Staff contact: Kyle Lancaster, Parks & Recreation) 3. MASTER LICENSE AGREEMENT WITH CROWN CASTLE NG WEST LLC-Adoption of Resolution No. 2017-162 authorizing a Master License Agreement with Crown Castle NG West LLC to allow the use of City-owned street light and traffic signal poles within the City's right-of-way for small cell facilities; and authorizing the City Manager to act on behalf of the City in all future decisions and actions necessary to implement the Master License Agreement. (Staff contact: Curtis Jackson, City Manager Department) This item was pulled for discussion by Council Member C. Schumacher. 4. AUTHORIZING WAY-FINDING SIGNS FOR CARLSBAD PREMIUM OUTLETS -Adoption Resolution No. 2017-163 authorizing way-finding signs in the City's right-of-way for the Carlsbad Premium Outlets -Case No. PS 16-50/DEV 2017-0081. (Staff contact: Chris Sexton, Community & Economic Development) 5. APPROVAL OF AN EASEMENT TO SDG&E FOR SHOPPES AT CARLSBAD (CASE NO. SOP 09-04) Adoption of Resolution No. 2017-164 granting an easement to San Diego Gas and Electric over a portion of Lot 9 of Map 8956, generally described as the parking lot for the Shoppes at Carlsbad Shopping Center. (Staff contact: Jeremy Riddle, Community & Economic Development) 6. APPROVAL OF VILLAGE MASTER PLAN AMENDMENT TO ALLOW RESTAURANTS IN DISTRICT 6 Adoption of Resolution No. 2017-165 approving an amendment to the Village Master Plan and Design Manual to allow restaurants as "a provisional use within Land Use District 6 (outside the Coastal Zone) of the Village Review Zone for property generally located in the City's downtown area and zoned "Village Review" (V-R) in Local Facilities Management Zone 1. (Staff contact: Teri Delcamp, Community & Economic Development) 7. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER PROGRAM -Adoption of Resolution No. 2017-166 approving a Memorandum of Understanding between the City of Carlsbad and Carlsbad Unified School District for the Fiscal Year 2017-18 School Resource Officer Program. (Staff contact: Cindy Anderson, Police) 8. AMENDMENT TO AN AGREEMENT WITH PATROL MASTERS, INC. FOR ADULT CROSSING GUARD SERVICES -Adoption of Resolution No. 2017-167 approving Fourth Amendment of an Agreement between the City of Carlsbad and Patrol Masters, Inc., for additional school crossing guard services and an extension for one year. (Staff contact: Cindy Anderson, Community & Economic Development) August 22, 2017 Carlsbad City Council Regular Meeting Page 3 9. CONTRACT WITH PALM ENGINEERING CONSTRUCTION COMPANY FOR CARLSBAD BOULEVARD BRIDGE IMPROVEMENTS-Adoption of Resolution No. 2017-168 accepting bids and awarding a contract to Palm Construction Engineering Company, Inc. for an amount not to exceed $990,472 for the construction ofthe Carlsbad Boulevard Bridge Improvements over the Encina Power Station Discharge Channel, Project Nos. 6014 and 6053. (Staff contact: Brandon Miles, Public Works) CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION 2. CONTRACT WITH TOVEY-SCHULTZ FOR LEO CARRILLO RANCH PROJECT (CIP NO. 4602) - Adoption of Resolution No. 2017-161 awarding a contract for the Leo Carrillo Ranch Stables Restoration and Chicken Coop/New Restroom Construction Project (CIP No. 4602) to Tovey- Schultz Construction, Inc., in an amount not to exceed $2,053,976. (Staff contact: Kyle Lancaster, Parks & Recreation) John Rodenhansen expressed his appreciation for the Council's support of the restoration projects at Leo Carrillo Ranch Historic Park. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-161. Motion carried unanimously, 5/0. 4. AUTHORIZING WAY-FINDING SIGNS FOR CARLSBAD PREMIUM OUTLETS -Adoption of Resolution No. 2017-163 authorizing way-finding signs in the City's right-of-way for the Carlsbad Premium Outlets -Case No. PS 16-50/DEV 2017-0081. (Staff contact: Chris Sexton, Community & Economic Development) Council Member C. Schumacher stated that she could not support the request due to the request not being in alignment with criteria set forth in the Carlsbad Municipal Code. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-163. Motion carried, 4/1 (C. Schumacher-No). ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC COMMENT: Linda Breen expressed concerns relating to the time limitation placed on speakers at the Public Hearing held on July 25, 2017. She also distributed copies of e-mails she had received as part of a Public Records Request. Brian Connor encouraged Council to direct staff to proactively enforce parking in garages rather on streets. August 22, 2017 Carlsbad City Council Regular Meeting Page 4 PUBLIC HEARING: This item was continued from the meeting of July 18, 2017 at the request of the appellant. 10. APPEAL OF NOTICE AND ORDER TO REPAIR PROPERTY AT 3745 ADAMS STREET-Adoption of Resolution 2017-169 denying the appeal of Catherine Bryan of the Notice and Order to Repair the property at 3745 Adams Street and upholding the Notice and Order to Repair. (Staff contact: Mike Peterson, Community & Economic Development and Heather Stroud, City Attorney Department) City Manager's Recommendation: Take public input, close the public hearing, and adopt the resolution. Mayor Hall explained how the proceedings would take place: 1. City Clerk Barbara Engleson will administer the oath to all those wishing to provide testimony regarding the matter. 2. Staff presentation. 3. Questions from Council. 4. Appellant's presentation. 5. Mayor will open the Public Hearing 6. Appellant will have an opportunity to offer a rebuttal 7. Mayor will close the Public Hearing 8. Council will deliberate and vote Deputy City Attorney Heather Stroud and Building Official Mike Peterson presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member C. Schumacher, Building Official Peterson stated that the estimated cost of the required repairs is unknown to staff. In response to an inquiry from Council Member Packard, Attorney Stroud stated that staff confirmed that the property has not had electricity since 2012. The appellant Catherine Bryan stated that there were flaws in the inspection report and requested that the Council tour her property. The appellant's son, Duncan Faulkner, stated that one of the rooms identified as needing repairs is not currently occupied. He further explained that there is no missing glass in any of the windows. In closing, he commented that the wood is stained and not water damaged. Mayor Hall opened the duly noticed Public Hearing at 6:57 p.m. Speaker in opposition to staff's recommendation: Linda Breen. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 6:59 p.m. August 22, 2017 Carlsbad City Council Regular Meeting Page 5 Council Member C. Schumacher made a motion to continue the item until Council has had an opportunity to tour Ms. Bryan's property. Mayor Pro Tern Blackburn seconded the motion for discussion. Mayor Pro Tern Blackburn commented that he is not an expert and would depend on staff for information regarding the property. Council Member C. Schumacher made a motion to continue the item until a tour could of the property could be arranged. The motion failed due to lack of a second. The appellant Catherine Bryan stated that she felt her property will be condemned if the appeal is not granted. In response to Mayor Pro Tern Blackburn, Building Official Peterson stated that the goal is to make the property safe and not to demolish the home. Council Member M. Schumacher asked if the building code does not apply to the property due to the year the home was built. Attorney Stroud explained that the Uniform Housing Code applies to the issue before the City Council. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-169. Motion carried, 4/1 (C. Schumacher-No). This item was continued from the meeting of July 25, 2017 at the request of the applicant. 11. APPEAL OF AMEND 2017-0002-Kl SPEED INDOOR KART RACING -6212 CORTE DEL ABETO- Adoption of a resolution denying the appeal and upholding the decision of the Planning Commission to approve an amendment to Conditional Use Permit CUP 04-02AX1 to allow Kl Speed Indoor Kart Racing to operate a restaurant and serve beer and wine at their facility located at 6212 Corte Del Abeta in Local Facilities Management Zone 5. (Case No.: Amend 2017-0002). (Staff contact: Teri Delcamp, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Principal Planner Teri Delcamp presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). A member of the appellant group Homer Eaton spoke in opposition to alcohol being served at K-1 Speed. August 22, 2017 Carlsbad City Council Regular Meeting Page 6 Appellant Erica Leary, Program Manager of North Coastal Prevention Coalition, also representing co-appellant Judi Strang, Executive Director of the San Dieguito Alliance for Drug Free Youth, presented a PowerPoint presentation (on file in the Office of the City Clerk) providing data and research focused on reducing alcohol consumption at the community level. Nina Eaton also spoke in opposition to alcohol being served at K-1 Speed. Paul Klukas, representing the project applicant, urged the Council to uphold the Planning Commission's decision approving the Conditional Use Permit to allow alcohol to be served at K-1 Speed. Mayor Hall opened the duly noticed Public Hearing at 8:02 p.m. Speakers opposed to staff's recommendation: Stacy King; John Byrom; Luke Smith; Karina Barajas; Lauren Pavlaskigui; Patricia Amador; Noel Breen; Kelly McCormick; Simon Angel; Barbara Mead; Daniel Eaton; Eric Collins. Submitted a speaker card in opposition to staff's recommendation but did not speak: Cheryl Mast. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 8:25 p.m. Mr. Klukas encouraged the Council to deny the appeal consider the applicant's compromise of limiting the sales to one alcohol beverage per customer. Co-appellant Judi Strang stated that she was surprised that the Carlsbad Police Department did not provide input on the CUP at the Planning Commission hearing. She stated that she expected the Police to comment on the application prior to the application being sent to the Department of Alcoholic Beverage Control. ACTION: Motion by Mayor Pro Tern Blackburn, second by Council Member C. Schumacher to grant the appeal and directed staff to return with a resolution to modify the CUP allowing operation of a restaurant without beer and wine service. -4/1 (M. Hall -No) RECESS: Mayor Hall declared a recess at 8:44 p.m. Mayor Hall reconvened the meeting at 8:50 p.m. with all Council Members present. August 22, 2017 Carlsbad City Council Regular Meeting Page 7 12. AMEND THE GROWTH MANAGEMENT PERFORMANCE STANDARD FOR PARKS-Adoption of a Resolution No. 2017-170 approving amendments to the General Plan Open Space, Conservation, and Recreation Element and the Citywide Facilities and Improvement Plan to amend the Growth Management Performance Standard for Parks, pursuant to the General Plan Lawsuit Settlement Agreement dated March 14, 2017 -Case No. GPA 2017-0002/OAJ 17-0004/PUB17Y-0011). (Staff contact: Corey Funk, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Associate Planner Corey Funk 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 8:58 p.m. Seeing no one wishing to speak, Mayor Hall closed the Public Hearing at 8:58 p.m. ACTION: Motion by Mayor Pro Tern Blackburn, second by Council Member M. Schumacher to adopt Resolution No. 2017-170. Motion carried unanimously, 5/0. Mayor Hall adjourned to the Joint Special Meeting of the City Council, Carlsbad Municipal Water District Board, Public Financing Authority and Community Development Commission at 8:59 p.m. Mayor Hall reconvened the Regular City Council Meeting at 9:06 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 18. VILLAGE, BARRIO AND BEACH AREA PARKING MANAGEMENT PLAN -Receive a presentation on the draft parking management plan, hear public testimony and provide City Council comment regarding the plan. (Staff contact: Pam Drew, Community & Economic Development) City Manager's Recommendation: Receive the presentation, hear public testimony and provide City Council comment regarding the plan. Mayor Hall recused himself from participation in the discussion of Item No. 18 due to owning property in the downtown area. He left the dais at 9:07 p.m. Associate Planner Pam Drew and Consultant Brett Wood presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member C. Schumacher stated she would be in favor of the scenario of combining shared and leased along with cost differentials related to the parking-in-lieu fees. Diane Nygaard spoke in support of the plan presented by staff. August 22, 2017 Carlsbad City Council Regular Meeting Page 8 Gary Nessim spoke in favor of incentivizing private developers to build parking structures. Lisa McKethan suggested that staff and Council consider the safety of cyclists when changing the angle of parking spaces. Linda Schlesinger spoke in opposition to residential permit parking in the beach area. Council Member Packard commented that this is a living project that will continue to change. Council Member C. Schumacher confirmed that this study does not include any of the affordable housing, density bonus potentially for development decreased standards, and the park plus when forecasting forward. In conclusion, she stated that she appreciates the plan will be reviewed every year since things will be changing rapidly. ACTION: Council received the report, 4/1. (Hall -Absent) Mayor Hall returned to the dais at 10:09 p.m. 19. FEASIBILITY REPORT FOR OUTDOOR ADVENTURE PARK AND MULTIGENERATIONAL RECREATION CENTER -Adoption of Resolution No. 2017-172 accepting the findings of the Parks & Recreation Department Feasibility Studies for a multigenerational community recreation center and an outdoor adventure park. (Staff contact: Mick Calarco, Parks & Recreation) City Manager's Recommendation: Adopt the resolution. Special Projects Manager Mick Calarco and Neelay Bhatt, Vice President of PROS Consulting, Inc. presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). ACTION: Motion by Mayor Pro Tern Blackburn, second by Council Member M. Schumacher to adopt Resolution No. 2017-172. Motion carried unanimously, 5/0. 20. PARKS & RECREATION COMMISSION APPOINTMENTS -Adoption of Resolution Nos. 2017-173 and 2017-174 appointing two members to the Parks & Recreation Commission. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolutions. ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2017-173 reappointing Matt Simons to the Parks & Recreation Commission. Motion carried unanimously, 5/0. ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2017-174 appointing Brad Thorp to the Parks & Recreation Commission. 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. August 22, 2017 Carlsbad City Council Regular Meeting Page 9 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Council Members may be participating in the upcoming event: Tuesday, August 29, 2017 - 1 p.m. Carlsbad City Council Special Meeting Faraday Administration Building 1635 Faraday Avenue Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 10:20 p.m. Cobian, CMC City Clerk Services Manager