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HomeMy WebLinkAbout2017-09-12; City Council; MinutesCALL TO ORDER: CITY COUNCIL September 12, 2017, 6 p.m. 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 Regular Meeting held July 11, 2017. Minutes of the Special Meeting held August 21, 2017. Motion by Mayor Pro Tern 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 of proclamation in recognition of National Preparedness Month. Council Member C. Schumacher presented a proclamation to Emergency Preparedness Coordinator David Harrison in recognition of National Preparedness Month. Presentation of proclamation in recognition of Constitution Week. Council Member Packard presented a proclamation to Alida Woodward and Wanda Prosser of the Regents of the Santa Margarita Chapter Daughters of the American Revolution in recognition of Constitution Week. CONSENT CALENDAR: Item Nos. 3 and 8 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, 2, and 4 through 7. Motion carried unanimously, 5/0. 1. REPORT ON CITY INVESTMENTS -Acceptance of report on City Investments as of July 31, 2017. (Staff contact: Nancy Sullivan, Administrative Services) 2. AFFORDABLE HOUSING AND DENSITY BONUS AGREEMENT WITH CARLSBAD VILLAGE PARTNERS -Adoption of Resolution No. 2017-175 approving an Affordable Housing and Density Bonus Agreement between the City of Carlsbad and Carlsbad Village Partners for the Carlsbad Village Lofts Development, and authorizing execution of the agreement by the Housing & Neighborhood Services Director. (Staff contact: Debbie Fountain, Community & Economic Development) September 12, 2017 Carlsbad City Council Regular Meeting Page 2 This item was pulled for discussion by Council Member M. Schumacher. 3. ACCEPTANCE OF DONATION FROM CARLSBAD FIRE DEPARTMENT FOUNDATION -Adoption of Resolution No. 2017-176 accepting the donation of two infrared Chemical Detox Units from the Carlsbad Fire Department Foundation in the amount of $13,000. (Staff contact: Mary Murphy, Fire) 4. APPLICATION FOR LIBRARIES ILLUMINATED GRANT PROJECT -Adoption of Resolution No. 2017-177 authorizing the Carlsbad City Library to apply for $13,369 in grant funds through the Libraries Illuminated Grant Project offered by the California State Library, accept any award, and authorize the Administrative Services Director to appropriate any funds received. (Staff contact: Heather Pizzuto, Library & Cultural Arts) 5. AMENDMENT NO. 3 TO THE AGREEMENT WITH ARCADIS U.S., INC. (PROJECT NOS. 3492, 3886, AND 3949) -Adoption of Resolution No. 2017-178 approving Amendment No. 3 to the Professional Services Agreement with Arcadis U.S., Inc. for construction management and inspection services for the Vista/Carlsbad Interceptor Sewer, Reaches VC11B-VC15, and the Agua Hedionda Sewer Lift Station Projects. (Staff contact: John Maashoff, Public Works) 6. ADVERTISE FOR BIDS FOR BRIDGE PREVENTIVE MAINTENANCE PROGRAM 2017 (PROJECT NO. 6066-17) -Adoption of Resolution No. 2017-179 approving the plans and specifications and authorizing the City Clerk to advertise for bids for the Bridge Preventive Maintenance Program 2017. (Staff contact: Emad Elias, Public Works) 7. ADVERTISE FOR BIDS FOR ROADWAY IMPROVEMENTS. COASTAL AREA, ANALYSIS AND IMPLEMENTATION (PROJECT NO. 6079)-Adoption of Resolution No. 2017-180 approving the plans and specifications and authorizing the City Clerk to advertise for bids for the Roadway Improvements, Coastal Area, Analysis and Implementation. (Staff contact: John Kim, Public Works) This item was pulled for discussion by Council Member C. Schumacher. 8. APPROVAL OF AN AGREEMENT WITH GHD, INC. -Adoption of Resolution No. 2017-181 approving a Professional Services Agreement for the preparation of technical studies, permit applications, construction plans, specifications, and cost estimates with GHD, Inc. for an amount not to exceed $563,060 for the Kelly Drive and Park Drive Road Diet and Multiuse Trail Improvements, Project No. 6075. (Staff contact: Brandon Miles, Public Works) CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION 3. ACCEPTANCE OF DONATION FROM CARLSBAD FIRE DEPARTMENT FOUNDATION -Adoption of Resolution No. 2017-176 accepting the donation of two infrared Chemical Detox Units from the Carlsbad Fire Department Foundation in the amount of $13,000. (Staff contact: Mary Murphy, Fire) Council Member M. Schumacher expressed his appreciation for the donation. ACTION: Motion by Council Member M. Schumacher, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2017-176. Motion carried unanimously, 5/0. September 12, 2017 Carlsbad City Council Regular Meeting Page 3 8. APPROVAL OF AN AGREEMENT WITH GHD, INC. -Adoption of Resolution No. 2017-181 approving a Professional Services Agreement for the preparation of technical studies, permit applications, construction plans, specifications, and cost estimates with GHD, Inc. for an amount not to exceed $563,060 for the Kelly Drive and Park Drive Road Diet and Multiuse Trail Improvements, Project No. 6075. (Staff contact: Brandon Miles, Public Works) In response to an inquiry from Council Member C. Schumacher, Engineering Manager Marshall Plantz explained that if eminent domain action is deemed necessary, staff would return to Council to request authority for that action. ACTION: Motion by Council Member C. Schumacher, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2017-181. Motion carried unanimously, 5/0. ORDINANCES FOR INTRODUCTION: 9. CONSIDERATION OF TWO ALTERNATIVE ORDINANCES ADDING CHAPTER 8.90 (CANNABIS) TO TITLE 8 OF THE CARLSBAD MUNICIPAL CODE AND AMENDING SECTION 1.080.010 TO MAKE VIOLATIONS OF CHAPTER 8.90 MISDEMEANORS -Introduce one of two alternative ordinances adding Chapter 8.90 (Cannabis) to Title 8 of the Carlsbad Municipal Code to prohibit commercial cannabis activity and regulate the cultivation of cannabis 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 one of the two Ordinances by title only and schedule the second reading and adoption of the ordinance for a future meeting. Deputy City Attorney Heather Stroud and Police Captain Mickey Williams presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Larry Posner spoke in favor of the Council showing restraint when considering cannabis regulations since the State of California is still in flux on how to administer regulations. Judi Strang stated she could support either ordinance. Lauren Logan encouraged the Council to adopt one of the ordinances. Kelly McCormick spoke in support of the ordinance presented as Option 1. Brian Connor spoke in favor of relaxing cannabis regulations in Carlsbad. Susan Weir also spoke in favor of relaxing cannabis regulations in Carlsbad. Noel Breen expressed support for allowing cannabis retail sales in Carlsbad. Katie Poponyak encouraged the Council to adopt one of the ordinances. September 12, 2017 Carlsbad City Council Regular Meeting Page 4 Janet Asaro spoke in support of staff's recommendation. Council Member C. Schumacher spoke in support of the Ordinance presented as Option 2. Council Members Packard and M. Schumacher spoke in support of the Ordinance presented as Option 1. Mayor Pro Tern Blackburn and Mayor Hall also spoke in support of the Ordinance presented as Option 1. City Attorney Celia Brewer titled the Ordinance presented as Option 1. ACTION: Motion by Council Member M. Packard, seconded by Council Member M. Schumacher, to introduce Ordinance No. CS-323. Motion carried, 4/1 (C. Schumacher-No). ORDINANCES FOR ADOPTION: None. PUBLIC COMMENT: Larry Posner spoke in favor of local businesses installing electric charging stations for vehicles. Brian Connor spoke about the management style known as Total Quality Management. Mayor Hall suggested and Council concurred to hear Departmental Report Item No. 14 at this time. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. REJECT BIDS RECEIVED FOR AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS (CIP NOS. 4604 AND 4605) - Adoption of Resolution No. 2017-185 rejecting all bids received for the Aviara Community Park Phase II and Poinsettia Community Park -Phase Ill Construction Projects and directing staff to revise the Poinsettia Community Park Phase Ill plans and specifications to remove the dog park, and explore its relocation to the segment of Poinsettia Park initially envisioned for a multigenerational recreation center. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Adopt the resolution. Parks & Recreation Director Chris Hazeltine and Parks Services Manager Kyle Lancaster presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Speakers in support of staff's recommendation: Trudie Stapleton; Amy Livingston. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-185. Motion carried unanimously, 5/0. September 12, 2017 Carlsbad City Council Regular Meeting Page 5 PUBLIC HEARING: 10. SECOND DWELLING UNIT CODE AMENDMENT (CASE NO. MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001/PUB16Y-0002} -Introduction of Ordinance No. CS-324 amending the City's regulation of Second Dwelling Units (now known as Accessory Dwelling Units) consistent with changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). Case Name: Second Dwelling Unit Code Amendment. (Staff contact: Corey Funk, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and introduce the ordinance. Associate Planner Corey Funk and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall suggested that the proposed ordinance be amended to prohibit roof decks on second dwelling units in an effort to protect the privacy of neighboring property owners. Mayor Hall opened the duly noticed Public Hearing at 8:03 p.m. Brian Connor spoke in favor of garages being maintained for the parking of vehicles. Cathy Williams spoke in support of the proposed ordinance. Gary Nessim spoke in support of the proposed ordinance; however, suggested that the Council amend the ordinance to allow the units to be up to 1,200 square feet. Julie Ajdour spoke in support of the proposed ordinance and suggested that the accessory dwelling units be proportionate to the size of the master home. Mayor Hall closed the Public Hearing at 8:10 p.m. ACTION: Minute Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to amend the ordinance to prohibit roof decks on detached accessory dwelling units. Motion carried, 3/2 (M. Schumacher and C. Schumacher-No). City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to introduce Ordinance No. CS-324 as amended. Motion carried unanimously, 5/0. September 12, 2017 Carlsbad City Council Regular Meeting Page 6 11. PROHIBITED USES CLARIFICATION AMENDMENT (CASE NO. ZCA 2017-0002/LCPA 2017- 0003/AMEND 2017-0006/PUB17Y-0015) -Introduction of Ordinance No. CS-325 adopting a Zoning Code Amendment and Local Coastal Program Amendment to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited in Title 21-Zoning; and, Adoption of Resolution No. 2017-182 approving an amendment to the Village Master Plan and Design Manual and the Local Coastal Program to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited by the Village Master Plan and Design Manual. Case Name: Prohibited Uses Clarification Amendment. {Staff contact: Corey Funk, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing, introduce the ordinance and adopt the resolution. Mayor Hall recused himself from participation in the discussion of Item No. 11 due to a potential conflict of interest. He left the dais at 8:26 p.m. Associate Planner Corey Funk presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tern Blackburn opened the duly noticed Public Hearing at 8:28 p.m. Seeing no one wishing to speak, he closed the Public Hearing at 8:28 p.m. City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to introduce Ordinance No. CS-325. Motion carried, 4/1 (Hall -Absent). ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-182. Motion carried, 4/1 (Hall-Absent). 12. BEACH VILLAGE LIFE 1 MIXED USE (CASE NO. CT 16-03/RP 16-09/CDP 16-16/DEV16019) - Adoption of Resolution No. 2017-183 approving a Tentative Tract Map, Major Review Permit, and Coastal Development Permit for construction of a hotel, spa, retail, and residential condominium project on the south side of Christiansen Way between Carlsbad Boulevard and Washington Street in Land Use District 1 of the Village Review Zone. Case Name: Beach Village Life 1 Mixed Use. (Staff contact: Chris Garcia, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Associate Planner Chris Garcia presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall, Mayor Pro Tern Blackburn, and Council Members M. Schumacher, C. Schumacher and Packard all disclosed that they had previously met with the project applicant. The applicant's representative Mike Howes of Howes, Weiler & Associates provided a brief presentation (on file in the Office of the City Clerk) and requested that the Council approve the project. September 12, 2017 Carlsbad City Council Regular Meeting Page 7 Mayor Hall opened the duly noticed Public Hearing at 8:37 p.m. Speaker in support of the project: John Prietto. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 8:40 p.m. Council Member C. Schumacher expressed concerns relating to the lack of affordable housing on the project site. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-183. Motion carried, 4/1 (C. Schumacher-No). Mayor Hall adjourned to the Joint Special Meeting of the City Council and Carlsbad Municipal Water District Board at 8:44 p.m. Mayor Hall reconvened the Regular City Council Meeting at 8:45 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: This item was considered immediately following the conclusion of Public Comment 14. REJECT BIDS RECEIVED FOR AVIARA COMMUNITY PARK PHASE II AND POINSETTIA COMMUNITY PARK PHASE Ill CONSTRUCTION PROJECTS (CIP NOS. 4604 AND 4605) - Adoption of Resolution No. 2017-185 rejecting all bids received for the Aviara Community Park Phase II and Poinsettia Community Park -Phase Ill Construction Projects and directing staff to revise the Poinsettia Community Park Phase Ill plans and specifications to remove the dog park, and explore its relocation to the segment of Poinsettia Park initially envisioned for a multigenerational recreation center. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Adopt the resolution. 15. SENIOR COMMISSION APPOINTMENTS -Adoption of Resolution No. 2017-186 and 2017-187 appointing two members to the Senior 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. 2017-186 reappointing Shari Sachs to the Senior Commission. Motion carried unanimously, 5/0. ACTION: Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2017-187 appointing Diana LaMar to the Senior Commission. Motion carried unanimously, 5/0. September 12, 2017 Carlsbad City Council Regular Meeting Page 8 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: None. ANNOUNCEMENTS: None. ADJOURNMENT: Meeting was adjourned at 8:47 p.m. ~1t~ Sheila.Cobian, CM C City Clerk Services Manager