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HomeMy WebLinkAbout2019-08-27; City Council; MinutesCITY COUNCIL Aug. 27, 2019 6 p.m. CALL TO ORDER: 6:00 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: None. PRESENTATIONS: None. PUBLIC COMMENT: Glenn Bernard spoke regarding the banning of plastics in various parts of California. Mary Lucid spoke regarding the San Diego Senior Community Foundation's Senior Center Study results. James Mclane encouraged Council to consider a ban on gas-powered leaf blowers. Howard Smith, representing the Dokua Smith Foundation, spoke regarding the Refugee Children Scholarship Fund. John Kiehl spoke regarding sober living homes and his passion for wanting to help the City Council in solving the homelessness crisis. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: Mayor Hall announced that Item No. 2 would be continued. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve Consent Calendar Item Nos. 1 and 3. Motion carried unanimously, 5/0. Aug.27,2019 Carlsbad City Council Regular Meeting Page 2 1. COMPENSATION FOR ADDITIONAL EMERGENCY FIRE DEPARTMENT PERSONNEL ON A PORTAL TO PORTAL BASIS TO INCLUDE TWO NEW TITLES OF ASSISTANT FIRE CHIEF AND ASSISTANT FIRE MARSHAL -Adopt Resolution No. 2019-147 agreeing to compensate additional emergency Fire Department personnel on a portal-to-portal basis. (Staff contact: Michael Calderwood, Fire Department) Per staff's request, Council continued this item to a later date. 2. RE-CERTIFY SEWER MANAGEMENT PLAN (SSMP) -Adoption of a Resolution authorizing the Legally Responsible Official (LRO) to re-certify the Sewer System Management Plan (SSMP) and submit to the State Water Resources Control Board (SWRCB). (Staff contact: Stephanie Harrison, Public Works) 3. SETTLEMENT OF WORKERS' COMPENSATION CLAIMS -Adopt Resolution No. 2019-148 authorizing settlement of the Workers' Compensation claims of Derek Harvey for $58,290. (Staff contact: Donna Hernandez, Human Resources) ORDINANCES FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: Mayor Hall announced that Items No. 4 and No. 6 would be moved ahead of Items No.5 and No. 7 due to a potential conflict of interest. 4. AMENDING TITLE 2, CHAPTER 2.28, SECTIONS 2.15.050 and 2.12.125 OF THE CARLSBAD MUNICIPAL CODE TO UPDATE THE TRAFFIC SAFETY COMMISSION'S NAME AND DUTIES - Adopt Ordinance No. CS-356 amending Carlsbad Municipal Code Chapter 2.28, Sections 2.15.050 and 2.12.125 to update the Traffic Safety Commissions' role and duties. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt the Ordinance. City Attorney Celia Brewer titled the Ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Ordinance No. CS-356. Motion carried unanimously, 5/0. 6. OCEAN VIEW POINT -Adopt Ordinance No. CS-358 approving amendments approving amendments to the citywide zoning and Local Coastal Program zoning maps to allow a change from one-family residential 30,000 square foot minimum lot area (R-1 30,000) to one-family residential (R-1) for a 5.4-acre portion of a 21.9-acre previously subdivided property generally located south of the terminus of Twain Avenue within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 8. Case Name: Ocean View Point. Case No.: ZC15-03/LCPA 15-05 (DEV15043). (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt the Ordinance. Aug. 27, 2019 Carlsbad City Council Regular Meeting Page 3 City Attorney Celia Brewer titled the Ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Ordinance No. CS-358. Motion carried unanimously, 5/0. Mayor Hall stepped down from dais at 6:18 p.m. due to a potential conflict of interest on Item No. 5 and Item No. 7. 5. VILLAGE AND BARRIO MASTER PLAN -ACCEPTANCE OF THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS -Adopt Ordinance No. CS-357 acknowledging receipt of the California Coastal Commission's Resolution of Certification including suggested modifications for LCPA 14-01 and approving the associated suggested modifications to the Village and Barrio Master Plan and Local Coastal Program. Case Name: Village and Barrio Master Plan. Case No.: MP 14-01/LCPA 04-01 (DEV08014) (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt the Ordinance. City Attorney Celia Brewer titled the Ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Ordinance No. CS-357. Motion carried, 4/0/1 (Hall -Absent). PUBLIC HEARINGS: 7. FRESCO RESTAURANT -RP 2018-0013/CDP 2018-0050) -Adopt Resolution No. 2019-149 approving a Minor Review Permit and Coastal Development Permit to allow a second-story addition to an existing restaurant consisting of a 1,629-square-foot outdoor dining area and a 467-square-foot enclosed area containing restrooms, storage and food preparation areas located at 264 Carlsbad Village Drive in Land Use District 9 of the Village Master Plan and Design Manual, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. Project Name: Fresco Restaurant. Project No.: RP 2018-0013/CDP 2018-0050 (DEV2017-0020). (Staff contact: Esteban Danna, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the Resolution. Associate Planner Esteban Danna and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tern Bhat-Patel opened the duly noticed Public Hearing at 6:28 p.m. Seeing no one wishing to speak, Mayor Pro Tern Bhat-Patel closed the duly noticed Public Hearing at 6:28 p.m. Aug.27,2019 Carlsbad City Council Regular Meeting Page 4 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-149. Motion carried, 4/0/1 (Hall -Absent). Mayor Hall returned to the dais at 6:29 p.m. 8. ADOPTION OF CITY OF CARLSBAD TRAILS MASTER PLAN -Adopt Resolution No. 2019-150 adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and approving a General Plan Amendment for the Trails Master Plan and adopting the Trails Master Plan. (Staff contact: Kasia Trojanowska, Parks & Recreation and Pam Drew, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the Resolution. Parks & Recreation Director Kyle Lancaster, Park Planning Manager Kasia Trojanowska, and Associate Planner Pam Drew presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 6:47 p.m. Rosanne Bentley spoke regarding open space concerns and the importance of environmental protections. Diane Nygaard, representing Preserve Calavera, thanked the City Council for making the Trails Master Plan a priority. She also asked that restrictions on nighttime use be added to the plan. Karen Merrill, representing Preserve Calavera, spoke regarding restricting nighttime use on the Trails Master Plan. Fred Sandquist, President of the Batiquitos Lagoon Foundation, commended staff for a job well done on the Trails Master Plan. David Hill spoke regarding the protection of nocturnal animals on the trails, and the lack of environmental protection enforcement of the trails. Warren Kato, representing the Kato Limited Family Partnership, spoke regarding the lack of public notice regarding the Trails Master Plan. Seeing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 7:04 p.m. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-150. Motion carried unanimously, 5/0. Aug.27,2019 Carlsbad City Council Regular Meeting Page 5 Mayor Pro Tern Bhat-Patel Hall stepped down from dais at 7:32 p.m. due to a potential conflict of interest. This item was continued from the meeting of Aug. 20, 2019. 9. PURE PROJECT BREWERY AND TASTING ROOM -Adopt Resolution No. 2019-151 approving a Minor Site Development Plan and Conditional Use Permit for a 2,206-square-foot brewery and tasting room located at 2825 State Street in the Village Center District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1; and, Adopt Resolution No. 2019-152 approving a Parking In-Lieu Fee Program Participation Agreement between the City of Carlsbad and Russell Satterly, Susan Satterly and Lindo Mino, property owners, for the project known as Pure Project Brewery and Tasting Room located at 2825 State Street in the Village Center District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1. Case Name: Pure Project Brewery and Tasting Room. Case No.: SDP 2019-0002/CUP 2018-0021 (DEV2018-0196). (Staff contact: Shannon Harker, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the Resolutions. Mayor Hall opened the duly noticed Public Hearing at 7:38 p.m. City Planner Don Neu and Associate Planner Shannon Harker presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Bill Hoffman from Hoffman Planning, representing the applicant, reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Bret Schanzenbach, representing the Carlsbad Chamber of Commerce spoke in support of the tasting room and spoke about a focus group study that discussed the future of Carlsbad Village and its potential to attract young people. Christine Davis, Executive Director of the Carlsbad Village Business Association, spoke about how unique the tasting room was and how it will keep people in the Village. Alex Goodman spoke in support of the tasting room. Sam Ross, Executive Director of Visit Carlsbad, spoke in support of the tasting room. Deb Beddoe spoke in support of the project and expressed concerns of the lack of brewery business support in Carlsbad. Seeing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 7:57 p.m. Aug.27,2019 Carlsbad City Council Regular Meeting Page 6 Motion by Council Member Blackburn, seconded by Council Member Schumacher to adopt Resolution Nos. 2019-151 and 2019-152. Motion carried, 4/0/1 (Bhat-Patel -Absent). Mayor Pro Tern Bhat-Patel returned to the dais at 8:11 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. REPORT ON POTENTIAL AUDIT FOR THE CROSSINGS AT CARLSBAD GOLF COURSE -Receive an informational presentation describing options for auditing The Crossings at Carlsbad Golf Course. (Staff contact: Brigid Okyere and Laura Rocha, Administrative Services) City Manager's Recommendation: Receive the presentation. Deputy City Manager Administrative Services Laura Rocha and Senior Accountant Brigid Okyere presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Rick Bates, Research Analyst and Communications Director with United Local 30, expressed his appreciation with how the City has handled the golf course operations. Minute Motion by Council Member Schumacher, seconded by Council Member Blackburn, to direct staff to add criteria to the workplan of the internal auditor to perform an audit that includes sexual harassment concerns, internal controls, departmental interactions with The Crossings, and the management of the restaurant and pro shop. Motion carried unanimously, 5/0. 11. CONSIDERATION OF CITY COUNCIL POLICY NO. 87 -GENERAL FUND SURPLUS POLICY-Adopt a Resolution approving City Council Policy No. 87 to establish a General Fund Surplus Policy. (Staff contact: Laura Rocha, Administrative Services) City Manager's Recommendation: Adopt the Resolution. Deputy City Manager Administrative Services Laura Rocha presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-153. Motion carried unanimously, 5/0. 12. APPOINT ONE MEMBER TO THE AGRICULTURAL CONVERSION MITIGATION FEE AD-HOC CITIZENS' COMMITTEE -Adopt Resolution No. 2019-154 appointing one member to the Agricultural Conversion Mitigation Fee Ad-Hoc Citizens' Committee. (Staff contact: Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolution. Aug.27,2019 Carlsbad City Council Regular Meeting Page 7 Motion by Mayor Hall, seconded by Council Member Blackburn, to adopt Resolution No. 2019-154 appointing Joe Brisbois to the Committee. Motion carried unanimously, 5/0. 13. APPOINT TWO MEMBERS TO THE HISTORIC PRESERVATION COMMISSION -Adopt Resolution Nos. 2019-155 and 2019-156 appointing two members to the Historic Preservation Commission. (Staff contact: Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolutions. Motion by Mayor Hall, seconded by Council Member Hamilton, to adopt Resolution No. 2019- 155 appointing Robert Prosser to the Commission. Motion carried unanimously, 5/0. Motion by Mayor Hall, seconded by Council Member Blackburn, to adopt Resolution No. 2019-156 appointing Pearl Ly to the Commission. Motion carried unanimously, 5/0. 14. APPOINT TWO MEMBERS TO THE HOUSING COMMISSION RENTAL ASSISTANCE CATEGORIES Adopt Resolution Nos. 2019-157 and 2019-158 appointing two members to the Housing Commission Rental Assistance Categories. (Staff contact: Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolutions. Paige Burton requested that the City Council consider her appointment to the commission. Marissa Torres requested that the City Council consider her appointment to the commission. Motion by Mayor Hall, seconded by Council Member Blackburn, to adopt Resolution No. 2019-158 appointing Joy Evans to the Rental Assistance Senior Category. Motion carried unanimously, 5/0. Motion by Mayor Hall, seconded by Mayor Pro Tern Bhat-Patel, to adopt Resolution No. 2019- 157 appointing Marissa Cortes-Torres to the Rental Assistance General Category. Motion carried unanimously, 5/0. PUBLIC COMMENT (CONTINUATION): Raul Villamar invited the Council to an event at Poinsettia Barber Shop on August 30, 2019. He also spoke about traffic issues and concerns over future development in the Carlsbad Barrio. COUNCIL REPORTS AND COMMENTS: Council Member Schumacher announced that she will be hosting a community workshop on affordable housing at 3:00 p.m. on September 21, 2019 at the Pine Avenue Community Center. CITY MANAGER COMMENTS: None. Aug.27,2019 Carlsbad City Council Regular Meeting CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. Page 8 ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been invited to and may be participating in the following event: Wednesday, August 28, 2019 -6:00 -9:00 p.m. City of Carlsbad Town Hall Meeting on Homelessness Harding Community Center 3096 Harding St. Carlsbad, CA Thursday, August 29, 2019-1:00 -4:00 p.m. City of Carlsbad Public Symposium on City Infrastructure Financing Carlsbad City Council Chamber 1200 Carlsbad Village Dr. Carlsbad, CA ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 9:19 p.m. Hector Gomez Deputy City Clerk