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HomeMy WebLinkAbout2018-07-24; City Council; MinutesCITY COUNCIL July 24, 2018, 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. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. INVOCATION: Reverend A. Barry Jones of Carlsbad Community Church provided the Invocation. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in recognition of Fire Chief Davis. Mayor Hall introduced City Manager Kevin Crawford to present a retirement proclamation in recognition of Fire Chief Mike Davis and his many years of service to the City of Carlsbad. Proclamation in recognition of Fred Vrabel. Council Member Packard presented a retirement procl!:Jmation in recognition of Library Assistant Fred Vrabel. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. PUBLIC COMMENT: Ray Pearson spoke regarding accomplishments of North Coastal Prevention Coalition to improve the safety and health of the community. Mark Matthess spoke in support of the City's current Parks plan. Bret Morriss, homeowner in San Pacifico, spoke in support of the Parks plan. Lois Swagerty thanked Council for the beach access improvements and lifeguards on the North Carlsbad beach. Laura Garber expressed concerns relating to her view being blocked by a neighbor who will not trim their trees. Keith McCormick invited Council and the community to the 13th Annual American Cancer Society Relay for Life at 9 a.m., Saturday July 28 at San Dieguito Sports Complex. July 24, 2018 Carlsbad City Council Regular Meeting Page 2 Kim Trujillo spoke in opposition to invocations being provided at City Council meetings. Dolores Welty spoke in favor of a park in the southwest quadrant of the City. CONSENT CALENDAR: ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item Nos. 1 through 5, and 8 through 11. Motion carried, 5/0. 1. APPROVAL OF LEASE WITH HOUSE MARTEL, LLC -Adoption of Resolution No. 2018-136 authorizing execution of a retail lease agreement with House Martel, LLC to operate a cafe at 1775 Dove Lane, commonly known as the Dove Library Cafe. (Staff contact: Curtis Jackson, City Manager Department) 2. AUTHORIZE CITY MANAGER TO EXECUTE ACQUISITION DOCUMENTS FOR 2686 ALAMEDA CIRCLE -Adoption of Resolution No. 2018-137 authorizing the City Manager to execute all required documents to complete acquisition of 2686 Alameda Circle, Carlsbad, California, an affordable housing unit, and appropriating Community Development Block Grant Funds in the amount of $220,000 and authorizing the City's Finance Director to disburse said funds to complete said purchase of real property. (Contact: Debbie Fountain, Community & Economic Development) 3. EXTEND AGREEMENT WITH SANDAG FOR EXPEDITED SERVICES WITH CALIFORNIA COASTAL COMMISSION -Adoption of Resolution No. 2018-138 approving a six-month extension to an agreement with the San Diego Association of Governments Service Bureau for expedited services with the California Coastal Commission. (Staff contact: Don Neu, Community & Economic Development) 4. AWARD OF CONTRACT FOR SLURRY SEAL -Adoption of Resolution No. 2018-139 accepting bids and awarding a contract to Roy Allan Slurry Seal, Inc. for an amount not to exceed $984,292 for the construction of the 2018 Slurry Seal, Project No. 6001-18SS. (Staff Contact: Emad Elias, Public Works) 5. AWARD OF CONTRACT FOR PAVEMENT OVERLAY -Adoption of Resolution No. 2018-140 accepting bids and awarding a contract to Pal General Engineering for an amount not to exceed $2,177,318 for the construction of the 2018 Pavement Overlay, Project No. 6001- 18OL. (Staff Contact: Emad Elias, Public Works) This item was returned to staff. 6. ADVERTISE FOR BIDS FOR STATION 5 STORAGE BUILDING ROOF -Adoption of a Resolution approving the plans and specifications and authorizing advertisement to solicit bids for the Fire Station 5 Storage Building Roof, Project No. 4736. (Staff contact: Steven Stewart, Public Works) July 24, 2018 Carlsbad City Council Regular Meeting Page 3 This item was returned to staff. 7. APPROVAL OF BRIDGING DOCUMENTS AND ADVERTISE FOR DESIGN-BUILD PROPOSAL SOLICITATION FOR PUBLIC SAFETY AND SERVICE CENTER IMPROVEMENTS -Adoption of a Resolution approving the bridging documents for the City of Carlsbad Public Safety and Service Center Improvements, Project No. 4715, and authorizing the City Clerk to advertise for Design Build Proposal solicitation. (Staff contact: Steven Stewart, Public Works and Mickey Williams, Police) 8. AMENDMENT TO AGREEMENT WITH PACIFIC ARCHITECTURE & ENGINEERING, INC. - Adoption of Resolution No. 2018-141 ratifying Amendment No. 2 to the Professional Services Agreement with Pacific Architecture & Engineering, Inc. to extend the term of the agreement for the Faraday Center Refurbishment, Project No. 4720. (Staff contact: Steven Stewart, Public Works) 9. AMENDMENT TO AGREEMENT WITH CITY OF VISTA FOR AGUA HEDIONDA SEWER PROJECT- Adoption of Resolution No. 2018-142 authorizing execution of Amendment No. 2 to the agreement between the City of Carlsbad and the City of Vista for the construction of the Agua Hedionda Sewer Lift Station and Vista Carlsbad Interceptor Sewer, reaches VC11-VC15, Project Nos. 3492, 3886 and 3949. (Staff contact: Babaq Taj and Terry Smith, Public Works) 10. APPROVAL OF AGREEMENT FOR ADMINISTERING AGENCY-STATE AGREEMENTS FOR FEDERAL AID PROJECTS -Adoption of Resolution No. 2018-143 authorizing the execution of the master agreement administering agency-state agreement for federal aid projects, Agreement No. 11-5308F15, with the California Department of Transportation and authorizing the City Manager, or designee, to execute program supplemental agreements. (Staff contact: Brandon Miles, Public Works) 11. APPROVAL OF AGREEMENT WITH CHEN RYAN ASSOCIATES, INC-Adoption of Resolution No. 2018-144 authorizing the execution of a professional services agreement with Chen Ryan Associates, Inc. for the preparation of a feasibility study in an amount not to exceed $199,836 for the trail connectivity to Tamarack State Beach, Project No. 4063, and the ADA Beach Access Study, Project No. 6065. (Staff contact: Craig Williams, Public Works) ORDINANCES FOR INTRODUCTION: 12. AMENDMENTS TO SHORT TERM VACATION RENTAL ORDINANCE-Introduction of Ordinance No. CS-338 amending Carlsbad Municipal Code Chapter 5.60 Short-Term Vacation Rentals, clarifying and adding regulations governing short-term vacation rentals. (Staff contact: Kerry Jezisek, Housing & Neighborhood Services) City Manager's Recommendation: Introduce the Ordinance. Senior Program Manager Kerry Jezisek and Community and Economic Development Director Debbie Fountain presented the report and reviewed a PowerPoint presentation (on file in the office of the City Clerk). July 24, 2018 Carlsbad City Council Regular Meeting Page 4 Jackie McGee spoke in opposition to the ordinance. David McGee expressed concerns about how the map was drawn that allows short-term vacation rentals. He suggested that short term vacation rentals be permitted all the way to El Camino Real. Jim Watson spoke in support of the ordinance. William Ball suggested expanding the areas where short-term vacation rentals are permitted. Rory Revier stated that Carlsbad is a good example for short-term vacation rental regulations. - Bob Crum spoke in support of the City's short-term vacation rental ordinance. Laura Garver questioned the City's ability to regulate short-term vacation rentals. Linda Burton spoke in support of expanding the areas where short-term vacation rentals are permitted. Elizabeth Layman stated she would like the ordinance to allow shared housing with host present without restrictions. Craig Miller expressed concerns relating to the devaluation of property in La Costa due to the City's prohibition on short-term vacation rentals in that area. Roberta Murphy spoke in support of Citywide short-term vacation rentals. Alan Miller suggested that the City expand the compliance division for enforcement of short- term vacation rental regulations. Council Member C. Schumacher commented that she would be interested in considering allowing home sharing with host present outside the coastal zone in the future. Assistant City Attorney Walter Chung titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to introduce Ordinance No. CS-338. Motion carried, 5/0. July 24, 2018 Carlsbad City Council Regular Meeting Page 5 ORDINANCES FOR ADOPTION: Mayor Hall recused himself from participating in discussion of Item Nos. 13 and 18 due to a potential conflict of interest. He announced that Public Hearing Item No. 18 would be moved up following Item No. 13. He stepped down from the dais at 7:53 p.m. 13. VILLAGE & BARRIO MASTER PLAN AMENDMENTS -Adoption 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, Adoption of Ordinance No. 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, Adoption of Ordinance No. 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) (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt Ordinance Nos. CS-333, CS-334 and CS-335. Scott Engel expressed concerns that citizen input was discarded regarding the Village & Barrio Master Plan. Frank Silva questioned why Council Member C. Schumacher did not recuse herself from participating in the discussion of the agenda item. Assistant City Attorney Walter Chung titled the Ordinances. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-333, CS-334 and CS-335. Motion carried, 3/1/1 (M. Hall-Absent; C. Schumacher-No). PUBLIC HEARING: 18. ACKNOWLEDGEMENT OF CALIFORNIA COASTAL COMMISSION'S RESOLUTION OF CERTIFICATION FOR PROHIBITED USES CLARIFICATION -Introduction of Ordinance No. CS- 339 acknowledging receipt of the California Coastal Commission's Resolution of Certification including suggested modifications for LCPA 2017-0003, and approving associated suggested modifications to the zoning ordinance and Local Coastal Program. Case Name: Prohibited Uses Clarification Amendment. Case No.: ZCA 2017-0002/LCPA 2017-0003 (PUB17Y-0015)); and July 24, 2018 Carlsbad City Council Regular Meeting Page 6 Adoption of Resolution No. 2018-147 acknowledging receipt of the California Coastal Commission's Resolution of Certification including suggested modifications for LCPA 2017- 0003, and approving the associated suggested modifications to the Village Master Plan and Design Manual and Local Coastal Program. Case Name: Prohibited Uses Clarification Amendment. Case No.: Amend 2017-0006/LCPA 2017-0003 (PUB17Y-0015)) (Staff contact: Corey Funk, Community & Economic Development) City Manager's Recommendation: Take public input, close the Public Hearing and introduce the Ordinance 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 Pro Tem Blackburn opened the duly noticed Public Hearing at 8:11 p.m. Seeing no one wishing to speak, Mayor Pro Tem Blackburn closed the Public Hearing at 8:11 p.m. Assistant City Attorney Walter Chung titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to introduce Ordinance No. CS-339 and adopt Resolution No. 2018-147. Motion carried, 4/1 (M. Hall-Absent). Mayor Hall returned to the dais at 8:14 p.m. ORDINANCES FOR ADOPTION: 14. AMENDMENT TO CARLSBAD MUNICIPAL CODE SECTION 2.44.020 PERSONNEL OFFICER - Adoption of Ordinance No. CS-336 amending Section 2.44.020 of the Carlsbad Municipal Code to grant the City Manager authority to make revisions to job descriptions for positions not in the classified service. (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt Ordinance No. CS-336. Assistant City Attorney Walter Chung titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-336. Motion carried, 5/0. 15. AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 2 RELATING TO BOARDS AND COMMISSIONS -Adoption of Ordinance No. CS-337 repealing Sections 2.08.080, 2.08.090, 2.08.092, 2.08.094 and 2.08.110 of the Carlsbad Municipal Code and adding Chapter 2.15 Boards and Commissions. (Staff contact: Sheila Cobian, City Clerk Department) City Manager's Recommendation: Adopt Ordinance No. CS-337. Assistant City Attorney Walter Chung titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Ordinance No. CS-337. Motion carried, 4/1 (Hall -No). July 24, 2018 Carlsbad City Council Regular Meeting Page 7 PUBLIC HEARINGS (Continued): 16. WEED ABATEMENT PUBLIC HEARING -Adoption of Resolution No. 2018-145 approving the cost assessments for weed abatement and directing the City Clerk to file a certified copy of the resolution with the San Diego County Assessor. (Staff contact: Randy Metz, Fire) City Manager's Recommendation: Take public input, close the Public Hearing and adopt the Resolution. Fire Marshal Randy Metz presented the report. Mayor Hall opened the duly noticed Public Hearing at 8:16 p.m. Seeing no one wishing to speak, Mayor Hall closed the Public Hearing at 8:16 p.m. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-145. Motion carried, 5/0. 17. VISTA LAS FLORES BOND REFINANCING -Adoption of Resolution No. 2018-146 authorizing issuance of Tax Exempt Revenue Bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $5,000,000 to refinance and rehabilitate a 28-unit multifamily rental affordable housing facility located at 6408 Halyard Place for the benefit of Vista Las Flores, LP., or another entity created by Wakeland Housing and Development Corporation (or an affiliate). (Staff contact: Kerry Jezisek, Housing & Neighborhood Services) City Manager's Recommendation: Take public input, close the Public Hearing and adopt the Resolution. Senior Program Manager Kerry Jezisek presented the report. Mayor Hall opened the duly noticed Public Hearing at 8:19 p.m. Seeing no one wishing to speak, Mayor Hall closed the Public Hearing at 8:19 p.m. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-146. Motion carried, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 19. CARLSBAD PARKS UPDATE -Information report on the current and future Carlsbad Parks Inventory. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Receive the report. Parks and 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). July 24, 2018 Carlsbad City Council Regular Meeting Page 8 Lance Schulte, representing Kathy Meyers-Schulte, Chas Wick, Gail Norman and Stacy King, presented a PowerPoint presentation ( on file in the Office of the City Clerk) and requested that the Council consider building a park in the Ponto area Michael Sebahar requested a park be built in the Ponto area. Howard Krausz, representing North County Advocates, requested a park be built in the City's southern coastal quadrant. De'Anne Weimer, representing Citizens for North County, requested a park be built in the Ponto area. Diane Nygaard, representing Preserve Calavera, requested the Council try to find a way to address the desire for a park in the southwest quadrant. Lisa McKethan read a letter on behalf of Mary Ann Viney (on file in the Office of the City Clerk) requesting a park be constructed in the Ponto area. ACTION: Council accepted the report. 20. CITY HALL ELECTION DISCUSSION -Discussion on the issue of engaging voters in the site location decision for a new City Hall and Civic Center. (Staff contact: Gary Barberio, City Manager Department) City Manager's Recommendation: Discuss the issue. Assistant City Manager Gary Barberio presented the report. Council Member M. Packard suggested that staff finish their analysis of properties prior to deciding whether or not to place the item on a future election ballot. ACTION: Council accepted the report. 21. HISTORIC PRESERVATION COMMITTEE APPOINTMENTS -Adoption of Resolution No. 2018- 148 and 2018-149 appointing two members to the Historic Preservation Committee. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the Resolutions. Council Member M. Packard nominated Anne Estes to be appointed to the Historic Preservation Commission for the unexpired term of Mr. Bender. Council Members C. Schumacher, M. Schumacher and K. Blackburn also nominated Anne Estes ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-149 appointing Ann Estes to the Historic Preservation Commission. Motion carried, 5/0. Council Member M. Schumacher nominated Chad Majer to be appointed to the Historic Preservation Commission for the expired term of Linda Geidner. July 24, 2018 Carlsbad City Council Regular Meeting Page 9 Council Members C. Schumacher and M. Packard also nominated Chad Majer. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to adopt Resolution No. 2018-148 appointing Chad Majer to the Historic Preservation Commission. Motion carried, 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. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been invited to and may be participating in the following events: Tuesday, August 21, 2018 -6-7:30 p.m. State of the City Community Event Carlsbad City Library, Schulman Auditorium 1775 Dove Lane Carlsbad, CA Friday, August 24, 2018-11:00 a.m.-1:30 p.m. City of Carlsbad and Chamber of Commerce State of the City Westin Carlsbad Resort & Spa 5480 Grand Pacific Dr. Carlsbad, CA NEXT COUNCIL MEETING: Tuesday, July 31, 2018 -9:00 a.m. Special Carlsbad City Council Meeting City Council Chamber 1200 Carlsbad Village Dr. Carlsbad, CA ADJOURNMENT: Meeting was adjourned at 9:51 p.m. City Clerk Services Manager