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