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HomeMy WebLinkAbout2024-09-24; City Council; Minutes Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. PLEDGE OF ALLEGIANCE: Council Member Burkholder led the Pledge of Allegiance. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held July 30, 2024 Minutes of the Regular Meeting held Aug. 20, 2024 Minutes of the Special Meeting held Aug. 27, 2024 Minutes of the Regular Meeting held Aug. 27, 2024 Minutes of the Special Meeting held Sept. 10, 2024 Minutes of the Special Meeting held Sept. 12, 2024 Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the minutes as presented. Motion carried unanimously, 5/0. PRESENTATIONS: Proclamation in Recognition of Public Safety Awareness Month Council Member Luna read the proclamation. Assistant Fire Marshall Darcy Davidson, Police Sergeant Mike Ernst and Public Works Superintendent Michael O’Brian said a few words. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon announced that there was no reportable action. PUBLIC COMMENT: Roseanne Bentley expressed concerns regarding the increased cost of Republic Services, the service they provide and inquired as to which Council Member forwarded her correspondence to Republic Services. Mary Lucid spoke regarding the ethics of City employees and her ban from the Senior Center. Lorie Robins spoke regarding Proposition H and urged the public to vote no. Denis Jensen spoke regarding Windsor Pointe safety and its management. Encinitas Union School District Superintendent Andree Grey spoke regarding school facilities. Sept. 24, 2024, 5 p.m. CITY COUNCIL Minutes Sept. 24, 2024 Carlsbad City Council Regular Meeting Page 2 Teresa Burns spoke regarding e-bike safety on El Camino Real and Cannon Road and requested changes at Poinsettia Park. CONSENT CALENDAR: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1 through 6. Motion carried unanimously, 5/0. This item was pulled for discussion by a member of the public. 1. ANNUAL ADOPTION OF PENSION INVESTMENT POLICY – Adoption of a Resolution No. 2024- 215 approving the city’s Pension Investment Policy dated Sept. 24, 2024. (Staff contact: Zach Korach, Administrative Services Department) Mary Lucid asked to have employees who have committed a crime have their pension docked. 2. ACQUISITION AND RESALE OF ONE UNIT AS PART OF THE CITY’S AFFORDABLE HOUSING RESALE PROGRAM – Adoption of Resolution No. 2024-216 authorizing the City Manager to execute all required documents to complete the purchase and resale of an at-risk affordable housing unit, 2778 Carlsbad Blvd., No. 202, as part of the city’s Affordable Housing Resale Program and authorizing the City Manager, or designee, to appropriate $245,000 from the Housing Trust Fund for related costs. (Staff contact: Erin Peak, Community Services Department) 3. REVISION OF PROJECT TITLE, DESCRIPTION AND SCOPE OF THE BUENA VISTA CREEK CONCRETE CHANNEL MAINTENANCE AT EL CAMINO REAL PROJECT, (CIP PROJECT NO. 5552) Adoption of Resolution No. 2024-217 authorizing the City Manager or designee to revise the project title, description and scope of the Buena Vista Creek Concrete Channel Maintenance at El Camino Real Project, Capital Improvement Program Project No. 6619. (Staff contact: Hossein Ajideh and Jason Evans, Public Works Department) 4. AWARD OF A CONSTRUCTION CONTRACT TO GEMS ENVIRONMENTAL SERVICES, INC. AND APPROVAL OF A CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AGREEMENT TO NEW CITY CONSULTING FOR THE FLEET FUEL ISLAND UPGRADE PROJECT (CIP PROJECT NO. 4747) – 1) Adoption of Resolution No. 2024-218 accepting the bid received, awarding a construction contract to GEMS Environmental Services, Inc. for the Fleet Fuel Island Upgrade Project in an amount not to exceed $2,591,321 and authorizing additional appropriations of $398,462 from the Infrastructure Replacement Fund and $400,000 from the General Capital Construction Fund to Capital Improvement Program Project No. 4747; and 2) Adoption of Resolution No. 2024-219 approving a professional services agreement with New City Consulting for construction management and inspection services for the Fleet Fuel Island Upgrade Project in an amount not to exceed $335,712. (Staff contact: Steven Stewart, Public Works Department) Sept. 24, 2024 Carlsbad City Council Regular Meeting Page 3 5. AGREEMENT WITH THE SHERIDAN GROUP TO PROVIDE OFFICE FURNISHINGS FOR THE EMERGENCY OPERATIONS CENTER (CIP PROJECT NO. 4715) – Adoption of Resolution No. 2024-220 authorizing an agreement with The Sheridan Group in an amount not to exceed $162,614 to provide office furnishings for the Emergency Operations Center as part of the Police and Fire Headquarters Renovation Project, Capital Improvement Program Project No. 4715. (Staff contact: Steven Stewart, Public Works Department) 6. GRANT A QUITCLAIM DEED OF EASEMENT TO THE COUNTY OF SAN DIEGO AT THE MCCLELLAN-PALOMAR AIRPORT FOR A WATER PIPELINE – Adoption of a Carlsbad Municipal Water District Board of Directors Resolution No. 1746 approving a quitclaim deed of easement over Assessor Parcel Number 213-020-18, located at the McClellan-Palomar Airport. (Staff contact: Dave Padilla and Keri Martinez, Public Works Department) BOARD AND COMMISSION MEMBER APPOINTMENTS: None. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: 7. CARLSBAD VILLAGE DRIVE MIXED-USE PROJECT BOUNDED BY CARLSBAD VILLAGE DRIVE TO THE NORTH, INTERSTATE 5 FREEWAY TO THE EAST AND OAK AVENUE TO THE SOUTH (SDP 2023-0014) – 1) Hold a public hearing; and 2) Adopt Resolution No. 2024-221 approving a site development plan to demolish five existing commercial structures and consolidate four parcels of land into two parcels and construct a mixed-use development consisting of 13,800 square feet of neighborhood-serving commercial space within two one-story buildings, 218 multiple-family residential apartment units within two five-story buildings and a five-story above grade parking structure on a 4.12- acre property located at 945-1065 Carlsbad Village Drive in the northwest quadrant of the city, the Village & Barrio Master Plan area, and Local Facilities Management Zone 1. (Case Name: Carlsbad Village Mixed Use; Case No.: SDP 2023-0014 (DEV2023-0078)) (Staff contact: Jason Goff, Community Services Department) City Manager’s Recommendation: Take public input, close the public hearing and adopt the resolution. Senior Planner Jason Goff and Principal Planner Cliff Jones presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Blackburn called for a recess at 6:45 p.m. Mayor Blackburn reconvened the meeting at 6:57 p.m. Sept. 24, 2024 Carlsbad City Council Regular Meeting Page 4 Applicant Patrick Tooley Managing Partner of Tooley Interests, LLC presented and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 7:48 p.m. Al Ahahyari inquired about what would happen to the 7-Eleven that is next to the proposed structures. Deb Beddoe spoke in support of the mixed-use development. Catherine Browne spoke in support of the mixed-use development. Ken Lee spoke in support of the mixed-use development. Nina Esber spoke in support of the mixed-use development. Brett Schanzenbach with President and C.E.O. of the Carlsbad Chamber of Commerce spoke in support of the mixed-use development. Mary Copeland spoke in opposition of the mixed-use development. Sue Graziano spoke in opposition of the mixed-use development. Martin Danner spoke in opposition of the mixed-use development and reviewed a PowerPoint presentation. Kris Wright spoke on behalf of a group consisting of Jan Neff-Sinclair, Darlene Gillis, Rosanne Bentley and Donna Linehan, in opposition to the mixed-use project and reviewed a PowerPoint presentation. Steve Linke spoke on behalf of a group consisting of Kenneth Langen, Endre Algover and Gina Walters, in opposition to the mixed-use project and reviewed a PowerPoint presentation. Jean Isbell spoke in opposition of the mixed-use development. Heather Sager spoke in opposition of the mixed-use development. Debra Miller spoke in opposition of the mixed-use development. Penny Johnson spoke in opposition of the mixed-use development. Tyler Collins spoke in opposition of the mixed-use development. Sept. 24, 2024 Carlsbad City Council Regular Meeting Page 5 Robert Medina spoke about various concerns with the mixed-use development. Jean Walker spoke in opposition of the mixed-use development. Seeing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 8:50 p.m. Mayor Blackburn called for a recess at 8:50 p.m. Mayor Blackburn reconvened the meeting at 9 p.m. Minute Motion by Council Member Burkholder, seconded by Mayor Pro Tem Bhat-Patel, to direct staff to bring back Policy 84 at a date certain of Nov. 12, 2024, for City Council discussion of possible changes that may strengthen the City’s decision-making process. Motion carried unanimously, 5/0. Council Member Acosta stated for the record that the CEQA exemption has to be changed as well as the enhanced outreach. Minute Motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel, to direct the City Manager to return within 120 days with amendments to Chapter 19.04 requiring that CEQA exemptions be considered by the decision-making authority responsible for deciding on the permit application instead of the current process that grants that authority exclusively to the City Planner. Motion carried unanimously, 5/0. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-221, to include the following language to proposed amended condition No. 12: • Nothing in this condition provides authority to the City Planner to authorize uses or densities not allowed by the Site Development Plan. Changes to the project are limited to the standards and findings outlined by Carlsbad Municipal Code Section 21.89. Permit conditions or development intensity can only be modified by the decision maker, the City Council and add new conditions No. 72 through 76 to read as follows: • Condition No. 72: Lots 1 and 2 were used to calculate the intensity of development under the General Plan and the Village & Barrio Master Plan (VBMP). The project is utilizing all the residential density assigned for the site per the General Plan and VBMP. Subsequent redevelopment or re-subdivision of any portion of this project including the commercial lots must account for the density assigned to the residential lots of the project under the General Plan and VBMP. The foregoing shall also be shown as a note on the final parcel map. • Condition No. 73: All frontage improvements for the project must be constructed concurrently to the residential. Sept. 24, 2024 Carlsbad City Council Regular Meeting Page 6 • Condition No. 74: Development of the commercial portions of the project are required within 12-months following issuance of final occupancy permits for the residential project. • Condition No. 75: The proposed project will unbundle parking costs from rent, except as otherwise prohibited by the City of Carlsbad’s affordable housing agreement or applicable fair housing laws. • Condition No. 76: The proposed project will provide a one-time payment of $50,000 in transit subsidies for future tenants. Motion carried, 4/1 (Burkholder – No). DEPARTMENTAL AND CITY MANAGER REPORTS: This item was continued to a date certain of Oct. 8, 2024. 8. GENERAL FUND SURPLUS: APPROVAL OF FISCAL YEAR 2023-24 BUDGET CARRYFORWARD REQUESTS AND APPROPRIATION OF UNSPENT FUNDS TO BUDGET FOR FISCAL YEAR 2024-25 – 1) Adoption of a resolution approving the fiscal year 2023-24 budget carryforward requests and appropriation of funds to fiscal year 2024-25 and authorizing capital outlay purchases; and 2) Adoption of a resolution approving the restriction of General Fund Reserves in fiscal year 2024-25 to fund the $7,500,000 contribution to the city’s Section 115 Pension Trust. (Staff contact: Zach Korach, Administrative Services Department) City Manager’s Recommendation: Adopt the resolutions. COUNCIL REPORTS AND COMMENTS: Mayor Blackburn and the City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in. Saturday, Oct. 5, 2024 10 a.m. – 2 p.m. City of Carlsbad Public Safety Open House Safety Training Center 5750 Orion St. Carlsbad, CA CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None.