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HomeMy WebLinkAbout2018-07-10; City Council; MinutesCITY COUNCIL July 10, 2018, 6 p.m. CALL TO ORDER: 6:00 p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the Council will be serving as the Community Development Commission for Public Hearing Item Nos. 7, 8 and 13. ROLL CALL: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern K. Blackburn led the Pledge of Allegiance. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: The City Council unanimously authorized the filing of litigation in a single case. Details will be released upon request after the filing of the complaint. APPROVAL OF MINUTES: Minutes of the Special Meeting held June 12, 2018. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve the minutes as presented. Motion carried unanimously, 5/0. PRESENTATION: Presentation in recognition of a donation from the Friends of the Carlsbad Library. Mayor Hall introduced Library & Cultural Arts Director Heather Pizzuto and Friends of the Carlsbad Library President Linda Swink. Ms. Swink presented a check for $119,400 to the Carlsbad Library. Proclamation in recognition of Parks & Recreation Month. Council Member Cori Schumacher presented the proclamation to Vice Chair of the Parks & Recreation Commission Michael Luna. Vice Chair Luna thanked the Council, Parks & Recreation staff and Parks & Recreation Commission. He also spoke about the new Pine Avenue Park Community Center. Oath of Office for Fire Chief Mike Calderwood. City Clerk Barbara Engleson administered the Oath of Office to Fire Chief Mike Calderwood. Chief Calderwood gave a few words. July 10, 2018 Carlsbad City Council Regular Meeting Page 2 CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 1 through 5 and 7, except for Item No. 6 which was pulled for discussion and Item No. 8 which was returned to staff. Motion carried unanimously, 5/0. 1. BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA NO. 1 -Adoption of Resolution No. 2018-120 authorizing the annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2018-19. (Staff contact: Jilly Moya, Administrative Services} 2. AGREEMENT WITH AVI SYSTEMS, INC. FOR AUDIO VISUAL SUPPORT SERVICES -Adoption of Resolution No. 2018-121 authorizing execution of an agreement with AVI Systems, Inc. to provide full service support and maintenance for all currently existing audio-visual equipment in City facilities, in an amount not to exceed $285,364 for a one-year period. (Contact: Maria Callander, Administrative Services} 3. ACCEPTANCE OF DONATION -Adoption of Resolution No. 2018-122 accepting a Fiscal Year 2018-19 donation of $79,415 and a pledge of $39,985 in additional support from the Friends of the Carlsbad Library to the City of Carlsbad Library & Cultural Arts Department. (Contact: Heather Pizzuto, Library & Cultural Arts} 4. POLICE OFFICERS' MEMORIAL -Adoption of Resolution No. 2018-123 authorizing design, fabrication and installation of a Police Officers' Memorial in two locations of the City's right- of-way. (Staff contact: Elaine Lukey, Public Works and Neil Gallucci, Police} 5. AWARD OF CONTRACT TO TRI GROUP CONSTRUCTION AND DEVELOPMENT FOR LA COSTA AVENUE STORM DRAIN REPLACEMENT PROGRAM -Adoption of Resolution No. 2018-124 accepting bids and awarding a contract to Tri Group Construction and Development Inc. for an amount not to exceed $181,000 for the construction of the La Costa Avenue Storm Drain Replacement Program -storm drain improvements east of Piraeus Street, and authorize right of entry permit with the California Department of Fish and Wildlife. (Staff Contact: Daniel Zimny, Public Works} This item was pulled for public comment. 6. TRAFFIC CALMING PLANS FOR DAISY AVENUE AND HARBOR DRIVE-Adoption of a Resolution approving plans for the Daisy Avenue and Harbor Drive Traffic Calming Project, Project No. 6070, per the Carlsbad Residential Traffic Management Program. (Staff Contact: John Kim, Public Works} 7. ADVERTISE FOR BIDS FOR MAERKLE RESERVOIR FLOATING COVER REPLACEMENT -Adoption of CMWD Resolution No. 1599 approving plans and specifications and authorizing the Secretary to advertise and receive bids for the Maerkle Reservoir floating cover replacement, Project No. 5036. (Staff contact: Mark Biskup, Public Works} July 10, 2018 Carlsbad City Council Regular Meeting Page 3 This item was returned to staff 8. ADVERTISE FOR BIDS FOR THE RECYCLED WATER PHASE Ill PIPELINE EXPANSION SEGMENT 5 -Adoption of a CMWD Resolution approving an addendum to the Mitigated Negative Declaration and Supplemental Environmental Package, and approving plans and specifications and authorizing the Secretary to advertise and receive bids for the Recycled Water Phase Ill Pipeline Expansion Segment 5, Project No. 5208-B. (Staff contact: Lindsey Leahy, Public Works) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: This item was pulled for public comment. 6. TRAFFIC CALMING PLANS FOR DAISY AVENUE AND HARBOR DRIVE -Adoption of Resolution No. 2018-125 approving plans for the Daisy Avenue and Harbor Drive Traffic Calming Project, Project No. 6070, per the Carlsbad Residential Traffic Management Program. (Staff Contact: John Kim, Public Works) Ronald Zawistowski encouraged additional speed enforcement on Daisy Ave. Michael Shannon asked Council to support and approve this item. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to approve Resolution No. 2018-125. Motion carried, 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. DEPARTMENTAL AND CITY MANAGER REPORTS: Council concurred to take Item No. 13 out of order. 13. SAN DIEGO COUNTY WATER AUTHORITY PRESENTATION -Presentation from the San Diego County Water Authority regarding calendar year 2019 rates and charges. (Staff contact: Wendy Chambers, Public Works) City Manager's Recommendation: Receive the presentation. SDCWA Assistant General Manager Dan Denham provided the presentation. Council received the presentation. PUBLIC COMMENT: Adrienne Durso expressed her concerns regarding Special Events CMC 8.17.200 and the June 30th event, held at Cannon Park. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member C. Schumacher, to agendize discussion on CMC 8-17-200 for a future agenda. Motion carried, 5/0. July 10, 2018 Carlsbad City Council Regular Meeting Page 4 Noel Breen expressed his concerns about the future suppression of demonstrations. Craig spoke about various topics. Mat Robar requested that Council approve the Type 23 designation for a satelfite tasting room. Patricia Amador asked that a Spanish copy of the Village and Barrio Master Plan be made accessible for Spanish speakers. Council concurred to take Public Hearing Item No. 12 out of order at this time. PUBLIC HEARING: Mayor Hall recused himself at 6:48 p.m. due to a conflict of interest as he owns property in the area. 12. VILLAGE AND BARRIO MASTER PLAN -PROJECT NO. GPA 16-01/ZCA 16-01/ZC 16-01/MP 14- 01/LCPA 14-01/MCA 16-01 (DEV 08014) -Introduction of Ordinance No. CS-333 amending Title 2, Chapter 2.24; Title 8, Chapter 8.09; Title 11, Chapter 11.44; Title 13, Chapter 13.10; and Title 18, Chapter 18.42 to recognize the Village and Barrio Master Plan, which would regulate development and land use for the Village and Barrio, an approximately 350-acre area west of Interstate 5 and generally between Laguna Drive and Tamarack Avenue in the City's Northwest Quadrant. Case No.: MCA 16-01; and, Introduction of Ordinance No. CS-334 adopting a Zone Code Amendment, Zone Change, and Local Coastal Program Amendment to revise various sections of the Zoning Ordinance, including the Zoning Map, to recognize and implement the Village and Barrio Master Plan, which would regulate development and land use for the Village and Barrio, an approximately 350-acre area west of Interstate 5 and generally between Laguna Drive and Tamarack Avenue in the City's Northwest Quadrant and in Local Facilities Management Zone 1. Case Name: Village and Barrio Master Plan. Case No.: ZCA 16-01/ZC 16-01/LCPA 14-01 (DEV08014); and, Introduction of Ordinance No. CS-335 repealing the Village Master Plan and Design Manual and approving the Village and Barrio Master Plan, MP 14-01, which would regulate development and land use for the Village and Barrio, an approximately 350-acre area west of Interstate 5 and generally between Laguna Drive and Tamarack Avenue in the City's Northwest Quadrant and in Local Facilities Management Zone 1. Case Name: Village and Barrio Master Plan. Case No.: MP 14-01 (DEV08014); and, Adoption of Resolution No. 2018-129 (1) adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; (2) approving amendments to the General Plan Land Use and Community Design Element; Open Space, Conservation, and Recreation Element; and Housing Element, and (3) approving amendments to the Local Coastal Program for the Village and Barrio Master Plan, which provides a Land Use Vision, Standards and Guidelines and an Implementation Plan for approximately 350 acres in the Northwest Quadrant in Local Facilities Management Zone 1 and in the mostly developed area west of Interstate 5 and Generally between Laguna Drive and Tamarack Avenue. Case Name: Village and Barrio Master Plan. Case No.: GPA 16-01/LCPA 14-01 (DEV08014) (Staff contact: Scott Donnell, Community & Economic Development) City Manager's Recommendation: Take public input, close the Public Hearing, introduce the Ordinances and adopt the Resolution. July 10, 2018 Carlsbad City Council Regular Meeting Page 5 Senior Planner Scott Donnell, Principal Planner Dave De Cordova and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tem Blackburn opened the duly noticed Public Hearing at 7:42 p.m. Speakers in opposition to staff's recommendation: Group representative Scott Engel on behalf of Rich Numrich, Alyce O'Reilly and Jan Neff-Sinclair; Noel Breen; Linda Breen; TJ Childs; Patricia Amador; Jim Baross; Simon Angel; Judy Frankel; Robert Wilkinson; Kristine Wright; Laura Drelleshak; Lisa McKethan; John Bailey. Speakers in support of staff's recommendation: Gary Nessim; Sue Loftin; Jennifer Hunt; Kristine Schindle; Kevin Dunn; Chris McKellar; Kirk Moeller; Christine Davis. Speakers neutral to staff's recommendation: Carl Wellenstein. Gil Alvardo recommended a change to the Village and Master Plan. Sherry Alvardo recommended a change to the Village and Master Plan. Glenn Bernard spoke regarding Council recusals and suggestions for the Master Plan. Laurie Boone spoke about unifying to make a joint decision as a city. Mayor Pro Tem Blackburn closed the duly noticed Public Hearing at 8:42 p.m. Mayor Pro Tem Blackburn called a recess at 8:42 p.m. and resumed the meeting at 8:52 p.m. In response to Council Member Packard, Senior Planner Donnell summarized the discussion that was had regarding the ratios between retail space and office space. City Planner Don Neu explained that the Planning Commission understood that they would not have a wide and subjective review on certain projects in response to Council Member C. Schumacher's concern regarding the Design Review Committee. Mayor Pro Tern Blackburn requested that the Council have a discussion on building height limits. Council Member C. Schumacher suggested that there be a historic village overlay in the street frontage signage area that is 35 feet maximum building height with no variances for towers, stairs, or elevators. She further suggested that 45 feet maximum building height for projects that only propose 25 percent affordable housing on-site with 60 percent Area Media Income and below and the ability for those street frontages to be only residential and Planning Commission not have to bring these types of projects to Council. July 10, 2018 Carlsbad City Council Regular Meeting Page 6 Council Member M. Schumacher stated that he would like to continue the 45 feet maximum building height. Mayor Pro Tern Blackburn stated that he has had the community request that maximum building height remain at three stories. Council Member C. Schumacher requested that Council discuss possibly having an ad hoc design review board prior to the implementation of the Village and Barrio Master Plan to develop different options for design standards for the various projects. Council Member Packard expressed his opposition to that suggestion. Council Member M. Schumacher stated that he would be in favor of the Village area projects to still come through to the City Council. Council Member C. Schumacher expressed her preference for the Council to retain their discretionary powers on conditional use permits, variances and coastal development permits. The City Council would only hand off their authority to projects that are qualified due to their willingness to build onsite affordable housing. Therefore, projects that choose to do affordable housing are streamlined and would not have to go to Council. Council Member M. Schumacher stated that Carlsbad has a very successful and robust affordable housing program and that it should not be combined with the discussion of a land use plan. Minute Motion by Council Member M. Schumacher, second by Council Member C. Schumacher to continue to have the review process for major projects in the Village come to council. Motion carried unanimously, 4/0 (M. Hall -Absent). Mayor Pro Tem Blackburn called for a break at 10:08 p.m. to allow staff and the City Attorney to make changes to language contained in the ordinances. Mayor Pro Tem Blackburn resumed the meeting at 10:21 p.m. City Attorney Celia Brewer titled Ordinance No. CS-333 and CS-334. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-333 and Ordinance No. CS-334. Motion carried, 3/1/1 (C. Schumacher-No; M. Hall -Absent). City Attorney Celia Brewer titled Ordinance No. CS-335. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-335 with the changes that were distributed in the sixth errata sheet dated July 10, 2018; the suggested changes for Section 2.7.lA.1, Section 2.7.2A.1 and Section 2.7.3A.1 by adding a sentence to the end of those paragraphs as follows: "Additional depth July 10, 2018 Carlsbad City Council Regular Meeting Page 7 is also permitted to accommodate electrical transformers, utility connections, meter pedestals, and similar equipment only if other locations are infeasible as determined by the decision maker;" changes to Section 6.3.4. for authority for approval by changing paragraph B to state that for the BP, BC, and VBO districts, the Planning Commission shall have the authority to approve, approve with conditions, or deny site development plans, conditional use permits, coastal development permits and variances. The Planning Commission shall also act upon appeals from decisions by the City Planner. Planning Commission decisions are final unless appealed by the City Council; addition of a second paragraph to Section B that would state that for the VC, VG, HOP, PT and FC districts, the Planning Commission shall have the authority to recommend approval, approval with conditions, or denial of site development plans, conditional use permits, coastal development permits, and variances to the City Council; and the paragraph for Section C should be modified as follows: for the VC, VG, HOSP, PT, and FC districts, the City Council shall have the authority to approve, approve with conditions, or deny site development plans, coastal development permits, and variances. The City Council shall also have the authority to approve, approve with conditions, or deny projects appealed from the Planning Commission. The City Council shall be the final decision- making authority on legislative actions such as amendments to this Master Plan. Motion carried, 3/1/1 (C. Schumacher -No; M. Hall -Absent). Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-129. Motion carried, 3/1/1 (C. Schumacher -No; M. Hall - Absent). Mayor Hall returned to the dais at 10:28 p.m. 11. GRAND PACIFIC PALISADES RESORT-PROJECT NO. AMEND 2017-0020/AMEND 2017-0021- Adoption of Resolution No. 2018-128 approving the third amendment to Site Development Plan 96-01 and Coastal Development Permit 96-02 to allow for the construction of 29 additional hotel units within the existing Grand Pacific Palisades Resort property located at 5803 and 5805 Armada Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. Case Name: Grand Pacific Palisades Resort. Case No.: Amend 2017-020/Amend 2017-0021 (Dev 2017-0252) (Staff contact: Cliff Jones, Community & Economic Development) City Manager's Recommendation: Take public input, close the Public Hearing and adopt the Resolution. Senior Planner Cliff Jones and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Applicant Representative Bill Hoffman with Hoffman Planning and Engineering and Tim Stripe spoke about the outreach that was done. Mayor Hall opened the duly noticed Public Hearing at 10:34 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 10:34 p.m. July 10, 2018 Carlsbad City Council Regular Meeting Page 8 Mayor Pro Tern Blackburn disclosed that his Form 700 shows that he owns a timeshare in the same complex as what is being discussed. However, the timeshare is no longer his as of four years ago. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-128. Motion carried unanimously, 5/0. Item Nos. 9 and 10 were discussed and voted upon jointly. 9. STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1-Adoption of Resolution No. 2018-126 confirming the diagram and assessment and providing for the levy of the annual assessment for Fiscal Year 2018-19 for Street Lighting and Landscaping District No. 1, a Special Assessment District. (Staff contact: Roxanne Muhlmeister, Administrative Services) City Manager's Recommendation: Take public input, close the Public Hearing and adopt the Resolution. 10. STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 -Adoption of Resolution No. 2018-127 confirming the diagram and assessment and providing for the levy of the annual assessment for Fiscal Year 2018-19 for Street Lighting and Landscaping District No. 2, a Special Assessment District. (Staff contact: Roxanne Muhlmeister, Administrative Services) City Manager's Recommendation: Take public input, close the Public Hearing and adopt the Resolution. Mayor Hall opened the duly noticed Public Hearing at 10:36 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 10:36 p.m. Motion by Mayor Pro Tern K. Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-126 and Resolution No. 2018-127. Motion carried unanimously, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS (CONTINUED): 14. BEACH PRESERVATION COMMITTEE APPOINTMENTS-Adoption of Resolution Nos. 2018-130 and 2018-131 appointing Fred Briggs and Brian Colby to the Beach Preservation Committee. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the Resolutions. Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2018- 130 reappointing Fred Briggs to the Beach Preservation Committee. Motion carried unanimously, 5/0. Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2018- 131 appointing Brian Colby to the Beach Preservation Committee. Motion carried unanimously, 5/0. July 10, 2018 Carlsbad City Council Regular Meeting Page 9 PUBLIC COMMENT: Continuation of the Public Comments Lorrie Metzler-Szabo expressed her concern for her safety regarding the large volume of people at the political protest in Cannon Park on June 30th. Dean Szabo spoke about the June 30th event that took place at Cannon Park. COUNCIL REPORTS AND COMMENTS: None. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Meeting was adjourned at 10:45 p.m.