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HomeMy WebLinkAbout2017-09-26; City Council; MinutesCITY COUNCIL Minutes September 26, 2017, 6 p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 6:00 p.m. 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 25, 2017. Minutes of the Regular Meeting held August 22, 2017. Minutes of the Joint Special Meeting held August 22, 2017. Minutes of the Special Meeting held August 29, 2017. Minutes of the Special Meeting held September 19, 2017. Minutes of the Regular Meeting held September 19, 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. PRESENTATIONS: Presentation of proclamation in recognition of Public Safety Month. Mayor Pro Tern Blackburn presented proclamation to Paramedic and Firefighter Scott Sandland and the Carlsbad Explorers in recognition of Public Safety Month. Presentation of Starfish Leadership Award. Mayor Hall presented Kristianne Kurner with the award. Founder Gina McBride recognized New Village Arts members. Presentation of retirement proclamation to Leila Dooley. Council Member M. Schumacher presented the proclamation to Ms. Dooley. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action taken. CONSENT CALENDAR: Mayor Hall announced he would be voting No on Item No. 5 and Council Member Packard recused himself from Item No. 3. September 26, 2017 Page 1 September 26, 2013 Carlsbad City Council Regular Meeting Page 2 ACTION: Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 1-9 with Council Member Packard recusing himself from Item No. 3 and Mayor Hall voting No on Item No. 5. Motion carried, 5/0. 1. REPORT ON CITY INVESTMENTS-Acceptance of report on City Investments as of August 31, 2017. (Staff contact: Nancy Sullivan, Administrative Services) 2. AMENDMENT TO COUNCIL POLICY NO. 64 -WIRELESS COMMUNICATIONS FACILITIES - Adoption of Resolution No. 2017-189 approving Amendments to City Council Policy No. 64 regarding wireless communication facilities for consistency with current Federal Communications Commission (FCC) regulations and to modify the standards for placement of wireless communication facilities in the right-of-way. (Staff contact: Heather Stroud, City Attorney's Office) 3. APPROVAL OF PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT -Adoption of Resolution No. 2017-190 approving a Parking In-Lieu Fee Program Participation Agreement with Grand Madison, LLC for the project known as the Grand Madison located at 725 Grand Avenue in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. Case Name: The Grand Madison. Case No. CT 15-04(A)/RP 15-06(A) (DEV15028} (Staff contact: Shannon Harker, Community & Economic Development) (4/1 Packard -Absent) 4. APPROVAL OF AGREEMENT TO PREPARE ENERGY CONSERVATION ORDINANCES -Adoption of Resolution No. 2017-191 approving a professional services agreement with Center for Sustainable Energy for an amount not to exceed $120,000 to prepare energy conservation ordinances in compliance with the Carlsbad Climate Action Plan. Case Name: Energy Conservation Ordinance. Case No.: MCA 17-0002 (PUB17Y-0013) (Staff contact: David de Cordova, Community & Economic Development) 5. Kl SPEED INDOOR KART RACING AMEND 2017-0002 -Adoption of Resolution No. 2017-192 modifying 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 at their facility located at 6212 Corte Del Abeto in Local Facilities Management Zone 5. Case Name: Kl Speed Indoor Kart Racing. Case No.: AMEND 2017-0002 (DEV04-003) (Staff contact: Teri Delcamp, Community & Economic Development) (4/1 Hall -No) 6. ACCEPTANCE OF DONATION FROM FRIENDS OF CARRILLO RANCH, INC. -Adoption of Resolution No. 2017-193 accepting and appropriating a $17,000 donation from the Friends of Carrillo Ranch Inc. and appropriating an additional $4,000 from the Carrillo Ranch Trust Fund for the Stone Pillar Reconstruction Project. (Staff contact: Mick Calarco, Parks & Recreation) 7. AWARD OF CONTRACT FOR 2017-18 SLURRY SEAL PROJECT -Adoption of Resolution No. 2017-194 accepting bids and awarding a contract to Sierra Nevada Construction for an amount not to exceed $1,900,007 for the construction of the 2017-18 Slurry Seal Project, Project No. 6001-1755. (Staff contact: Emad Elias, Public Works) September 26, 2013 Carlsbad City Council Regular Meeting Page 3 8. AWARD OF CONTRACT FOR LA COSTA AVENUE STORM DRAIN REPLACEMENT-Adoption of Resolution No. 2017-195 accepting bids and awarding a contract to Burtech Pipeline Inc. for an amount not to exceed $193,280 for the construction of the La Costa Avenue Storm Drain Replacement (La Coruna Place), Project No. 6602. (Staff contact: Daniel Zimny, Public Works) 9. APPROVAL OF AMENDMENT TO AGREEMENT FOR PLAN CHECK SERVICES -Adoption of Resolution No. 2017-196 approving Amendment No. 2 to an agreement with Dennis Grubb & Associates, LLC, for plan review services. (Staff contact: Randy Metz, Fire) ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 10. ADOPTION OF ORDINANCE NO. CS-323 ADDING CHAPTER 8.90, CANNABIS TO THE CARLSBAD MUNICIPAL CODE -Adoption of Ordinance No. CS-323 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: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. John Byrom with North Coastal Prevention Coalition asked the Council to proceed cautiously. Kelly McCormack thanked Council for not allowing cannabis businesses in Carlsbad. Lauren Logan also thanked Council for their support because of the youth in the community. Judy Strang also thanked Council and shared facts on teen drug use. Sam Humeide represented the San Diego Cannabis Delivery Alliance and asked Council for regulated cannabis delivery. City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-323. Motion carried, 4/1 (C. Schumacher -No). 11. ADOPTION OF ORDINANCE NO. CS-324 ACCESSORY DWELLING UNIT ZCA/LCPA -Adoption 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. Case No.: MCA 17-0003/ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002). (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. September 26, 2013 Carlsbad City Council Regular Meeting Page 4 City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-324. Motion carried unanimously, 5/0. 12. ADOPTION OF ORDINANCE NO. CS-325 PROHIBITED USES CLARIFICATION -Adoption 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. Case Name: Prohibited Uses Clarification Amendment. Case No.: ZCA 2017-0002/LCPA 2017-0003 (PUB17Y-0015} (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-325. Motion carried unanimously, 5/0. PUBLIC COMMENT: Michel Mcsweeney from BIA San Diego spoke about how he appreciated Glen Van Peski's years of service, what he brought to the industry and presented him with an award to thank him. Andrew Johnson spoke on behalf of the American Cancer Society Relay for Life. Brett Oliver spoke about neighborhood safety teams. Marvin Sippel spoke about Magee Park clean up and the homeless in the park. Jessica Pria thanked the Council for the compromise to save the grassy bowl at Poinsettia Park. PUBLIC HEARINGS: 13. SDG&E NORTH COAST OPS CENTER -CUP 11-07X1/DEV11047 -Adoption of Resolution No. 2017-197 approving the first time extension of a Conditional Use Permit to allow the continued operation of a 2,850 square foot temporary mobile building on a 16.37 acre SDG&E-owned site located at 5016 Carlsbad Boulevard in the Agua Hedionda segment of the Local Coastal Program and in Local Facilities Management Zone 3. Case Name: SDG&E North Coast OPS Center. Case No.: CUP 11-07X1 (DEV11047} (Staff contact: Cliff Jones, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. September 26, 2013 Carlsbad City Council Regular Meeting Page 5 Senior Planner Cliff Jones and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (PowerPoint on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 6:52 p.m. Seeing no one wishing to speak, he closed the Public Hearing at 6:52 p.m. Council Member C. Schumacher requested the record reflect that extensive work on a new location for the center has been ongoing the past five years. The applicant Paul Klukas requested Council's approval of the CUP. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-197. Motion carried unanimously, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: This item was continued to a date uncertain. 14. CARLSBAD TRIBAL, CULTURAL & PALEONTOLOGICAL RESOURCES GUIDELINES -Receive a presentation on the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines. Project No.: SS 16-06. (Staff Contact: Teri Delcamp, Community & Economic Development) City Manager's Recommendation: Receive the presentation, hear public testimony and provide Council comments regarding the guidelines. City Attorney Brewer reminded Mayor Hall that he had recused himself earlier in the meeting on Item 12 thus requiring a re-vote in his absence. 12. ADOPTION OF ORDINANCE NO. CS-325 PROHIBITED USES CLARIFICATION -Adoption 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. Case Name: Prohibited Uses Clarification Amendment. Case No.: ZCA 2017-0002/LCPA 2017-0003 (PUB17Y-0015) (Staff contact: Sheila Cobian, City Clerk Department) Mayor Hall left the dais at 6:55 p.m. City Attorney Brewer retitled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-325. Motion carried, 4/1 (Hall -Absent). 15. FINAL PARKING MANAGEMENT PLAN -Adoption of Resolution No. 2017-198 accepting the final Village, Barrio and Beach area Parking Management Plan. Case No. SS 16-01. (Staff contact: Pam Drew, Community & Economic Development) City Manager's Recommendation: Adopt the resolution. September 26, 2013 Carlsbad City Council Regular Meeting Page 6 Associate Planner Pam Drew gave the presentation and Brett Wood from Kimley-Horn spoke on the study (PowerPoint on file in the Office of the City Clerk). Diane Nygaard asked if the new City Hall would be incorporated into the Parking Management Plan. Laurie Boone spoke about the lack of parking at Carlsbad Blvd., Lincoln and Oak because of Park 101. TJ Childs spoke about the lack of red curbs making it dangerous on Madison. In response to Council Member C. Schumacher, Planner Drew responded that staff can perform a traffic counter study to see how they might come up with extra spaces without increasing the parking-in-lieu fees. She further explained that a parking structure was originally envisioned. Council Member C. Schumacher stated she would not support the plan since a third-way approach is not being taken. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2017-198. Motion carried, 3/1/1 {C. Schumacher -No; Hall - Absent). Mayor Hall returned to the dais at 7:40 p.m. 16. CLIMATE ACTION PLAN REPORT -Receive the Climate Action Plan Annual Report for Reporting Year 1, fiscal year 2016-17. (Staff contact: Michael Grim, Public Works) City Manager's Recommendation: Receive the report. Senior Program Manager Mike Grim gave the presentation (PowerPoint on file in the Office of the City Clerk). Dianne Nygaard spoke about the national disasters happening and that Carlsbad can be proud of adopting a CAP but stated her timing concerns. TJ Childs spoke about darkness on her street and implementing lighting. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to receive the report. 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. September 26, 2013 Carlsbad City Council Regular Meeting CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: Page 7 Mayor Hall announced that Council Members may be participating in the upcoming event: Thursday, Sept. 28, 2017-5:30 p.m. City of Carlsbad Citizens Academy City Council Chamber 1200 Carlsbad Village Dr. Carlsbad, CA Thursday, October 5, 2017 -11:30 a.m. -1:30 p.m. City of Carlsbad Employee BBQ Aviara Community Park 6435 Ambrosia Lane Carlsbad, CA Friday, October 6, 2017-11:00 a.m. -2:00 p.m. Chamber of Commerce Small Business Awards Luncheon Sheraton Carlsbad Resort & Spa 5480 Grand Pacific Dr. Carlsbad, CA Thursday, October 12, 2017 -5:30 p.m. City of Carlsbad Boards & Commissions Appreciation Event The Crossings at Carlsbad 5800 The Crossings Dr. Carlsbad, CA Saturday, October 14, 2017-10:00 a.m. -2:00 p.m. City of Carlsbad Public Safety Open House Safety Training Center 5750 Orion St. Carlsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting was adjourned at 8:06 p.m. Tamara R. McMinn Deputy City Clerk