HomeMy WebLinkAbout2019-06-25; City Council; MinutesCITY COUNCIL
June 25, 2019 6 p.m.
CALL TO ORDER: 6 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:
Minutes of the Special Meeting held_ May 21, 2019
Minutes of the Regular Meeting held May 21, 2019
Minutes of the Special Meeting held June 11, 2019
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the
minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS:
Proclamation in recognition of Pride Month.
Mayor Pro Tern Bhat-Patel and Council Member Schumacher read and presented the
proclamation to the Carlsbad High School Gender Sexuality Alliance Club.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
PUBLIC COMMENT:
Mary Lucid requested more direction and transparency be given to Parks & Recreation staff.
Sharon McAnally voiced her concerns regarding AB8516 and 5850.
Mark Packard presented Police Chief Gallucci a plaque of recognition on behalf of the Republican
Party of San Diego County.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Consent
Calendar Item Nos. 1, 3 through 5, 9 and 10. Motion carried unanimously, 5/0.
1. REPORT ON CITY INVESTMENTS AS OF APRIL 30, 2019 -Acceptance of report on City
Investments as of April 30, 2019. (Staff contact: Craig Lindholm, City Treasurer and Laura
Rocha, Administrative Services.
June 25, 2019 Carlsbad City Council Regular Meeting Page 2
This item was pulled for discussion and continued to the meeting of July 23, 2019.
2. ESTABLISH FISCAL YEAR 2019-20 SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1
Adoption of a Resolution establishing the Fiscal Year 2019-20 Special Taxes for Community
Facilities District No. 1. (Staff contact: Aaron Beanan, Administrative Services)
3. FISCAL YEAR 2019-20 PRELIMINARY ENGINEER'S REPORT FOR LEVY OF ASSESSMENTS WITHIN
LIGHTING AND LANDSCAPING DISTRICT NO. 1 -Adoption of Resolution No. 2019-100
initiating the proceedings, approving the Preliminary Engineer's Report for Fiscal Year 2019-
20 and setting a Public Hearing for July 9, 2019 for the Annual Levy of Assessments within
Lighting and Landscaping District No. 1, a Special Assessment District. (Staff contact: Jill
Moya, Administrative Services)
4. FISCAL YEAR 2019-20 PRELIMINARY ENGINEER'S REPORT FOR LEVY OF ASSESSMENTS WITHIN
LIGHTING AND LANDSCAPING DISTRICT NO. 2 -Adoption of Resolution No. 2019-101
initiating the proceedings, approving the Preliminary Engineer's Report for Fiscal Year 2019-
20 and setting a Public Hearing for July 9, 2019 for the Annual Levy of Assessments within
Lighting and Landscaping District No. 2, a Special Assessment District. (Staff contact: Jill
Moya, Administrative Services)
5. APPROVAL OF AMENDMENT NO. 1 TO CITYWIDE AUDIO-VISUAL SUPPORT AGREEMENT -
Adoption of Resolution No. 2019-102 authorizing the City Manager to execute Amendment
No. 1 to the Citywide audio-visual support 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 $778,612 for a three-year period. (Staff contact: Maria
Callander, Administrative Services)
This item was pulled for discussion.
6. DECLARING JUNE OF EACH YEAR LESBIAN, GAY, BISEXUAL. TRANSGENDER AND QUEER
(LGBTQ+) PRIDE MONTH IN THE CITY OF CARLSBAD-Adoption of a Resolution declaring every
June to be Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month in the City
of Carlsbad. (Staff contact: Jason Haber, City Manager)
This item was pulled for discussion.
7. MASTER LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC -Adoption of a
Resolution authorizing a Master License Agreement with New Cingular Wireless PCS, LLC to
allow the use of city-owned street light and traffic signal poles within the city's right-of-way
for small cell facilities, and authorizing the City Manager to act on behalf of the city in all
future decisions and actions necessary to implement the Master License Agreement. (Staff
contact: Curtis Jackson, Real Estate)
This item was pulled for discussion.
8. LEASE AGREEMENT WITH MAAC PROJECT-Adoption of a Resolution authorizing execution
of a lease agreement with Metropolitan Area Advisory Committee on Anti-Poverty in San
Diego County, Inc. dba MAAC Project to operate a preschool at the city-owned property
located at 3368 Eureka Place. (Staff contact: Curtis Jackson, Real Estate)
June 25, 2019 Carlsbad City Council Regular Meeting Page 3
9. ACQUISITION OF 2645 HANCOCK CIRCLE AND APPROPRIATION OF CDBG FUNDS -Adoption
of Resolution No. 2019-106 authorizing the City Manager to execute all required documents
to complete acquisition of 2645 Hancock Circle, Carlsbad, California, an affordable housing
resale unit, appropriating Community Development Block Grant funds in the amount of
$235,500 and authorizing the Deputy City Manager Administrative Services to appropriate
funds to complete acquisition of real property. (Staff contact: Debbie Fountain, Community
and Economic Development)
10. FOURTH AMENDED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM SAN DIEGO
REGIONAL STORMWATER COPERMITTEES MEMORANDUM OF UNDERSTANDING 2019 -
Adoption of Resolution No. 2019-107 authorizing the Mayor to execute the fourth amended
National Pollutant Discharge Elimination System San Diego Regional Stormwater
Copermittees Memorandum of Understanding 2019. (Staff contact: James Wood, Public
Works)
CONSENT ITEMS PULLED FOR DISCUSSION:
6. DECLARING JUNE OF EACH YEAR LESBIAN, GAY, BISEXUAL, TRANSGENDER AND QUEER
(LGBTQ+) PRIDE MONTH IN THE CITY OF CARLSBAD -Adoption of Resolution No. 2019-103
declaring every June to be Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride
Month in the City of Carlsbad. (Staff contact: Jason Haber, City Manager)
Marie Bradley spoke in opposition to designating June as LGBTQ+ month and asked what
events would take place and would budget money be used?
D.C. Dabbs, Jr. asked what the specific criteria are relating to Item #6?
Pati Zimmer Dabbs asked why the city should choose one group to single out.
Laurie Boone spoke about the fact that Mayor Pro Tem Bhat-Patel's motion regarding this
item was made at nearly 10:00 p.m. after a six-hour meeting with no chance for public input.
The following people spoke in support of the proclamation: Sarah Hunter; Austin Hench;
Pierre Weinault.
Jonathon Cooper stated that this agenda item calls out inclusivity and could be seen as
divisive.
Max Disposti, Executor Director of the LGBQ Resource Center in Oceanside, spoke in favor of
the proclamation.
Mark Packard asked that the item be tabled to obtain full community input. He also stated
that everyone should work together as one nation.
In response to Mayor Hall, Chief Operations Officer Lukey stated that the only money spent
on this item would have been the time to write the Proclamation.
June 25, 2019 Carlsbad City Council Regular Meeting
Mayor Pro Tern Bhat-Patel left the dais at 6:40 p.m.
Mayor Hall called a recess at 6:41 p.m.
Mayor Pro Tern Bhat-Patel returned to the dais at 6:45 p.m.
Mayor Hall readjourned the meeting at 6:46 p.m.
Page 4
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-103. Motion carried, 3/2 (Hall, Blackburn -No).
This item was continued to the meeting of July 23, 2019.
2. ESTABLISH FISCAL YEAR 2019-20 SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1
Adoption of a Resolution establishing the Fiscal Year 2019-20 Special Taxes for Community
Facilities District No. 1. (Staff contact: Aaron Bea nan, Administrative Services)
Minute Motion by Council Member Schumacher, seconded by Council Member Hamilton, to
postpone item to a date certain of July 23, 2019, to allow in-depth review of the taxes for
commercial, industrial and residential. Motion carried, 3/2 (Hall, Blackburn -No).
7. MASTER LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC -Adoption of
Resolution No. 2019-104 authorizing a Master License Agreement with New Cingular Wireless
PCS, LLC to allow the use of city-owned street light and traffic signal poles within the city's
right-of-way for small cell facilities, and authorizing the City Manager to act on behalf of the
city in all future decisions and actions necessary to implement the Master License Agreement.
(Staff contact: Curtis Jackson, Real Estate)
Kristine Wright, representing a group, (Jan Neff-Sinclair; Melania Gamboni; and Janell
Cannon) spoke regarding 5G wireless technology.
Sharon McAnally stated she could not find who the manufacturer will be for the 5G
technology.
Kevin McGee, with AT&T, spoke about 5G and the safety of radio frequencies.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-104. Motion carried unanimously, 5/0.
8. LEASE AGREEMENT WITH MAAC PROJECT-Adoption of Resolution No. 2019-105 authorizing
execution of a lease agreement with Metropolitan Area Advisory Committee on Anti-Poverty
in San Diego County, Inc. dba MAAC Project to operate a preschool at the city-owned property
located at 3368 Eureka Place. (Staff contact: Curtis Jackson, Real Estate)
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-105. Motion carried unanimously, 5/0.
ORDINANCE FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION: None.
June 25, 2019 Carlsbad City Council Regular Meeting Page 5
Mayor Hall announced that Item No. 14 would be heard at this time, and that Item No. 15 will be
continued to a date uncertain.
14. NORTH COUNTY TRANSIT DISTRICT QUARTERLY REPORT -Receive an informational report
from North County Transit District {NCTD} staff on NCTD's regional activities and performance.
{Staff contact: Jason Haber, City Manager Department)
City Managers Recommendation: Receive the report.
Dan Blythe, Operations Officer for NCTD, presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
ACTION: City Council received the report.
PUBLIC HEARING:
11. CARLSBAD RACEWAY SPECIFIC PLAN/TESLA -SALES AND SERVICE CENTER -Introduce
Ordinance No. CS-355 adopting the Carlsbad Raceway Specific Plan (SP2018-0001) on
property generally located north and south of Lionshead Avenue between Melrose Drive and
the eastern City boundary within the Carlsbad Raceway Business Park in Local Facilities
Management Zone 18. Case Name: Carlsbad Raceway Specific Plan. Case No.: SP 2018-0001
(DEV2018-0077); and,
Adopt Resolution No. 2019-108 approving a Conditional Use Permit to allow electric vehicle
sales and service in an existing industrial building located at 3248 Lionshead Avenue in Local
Facilities Management Zone 18. Case Name: Tesla -Sales and Service Center. Case No.: CUP
2018-0017 (DEV2018-0155). (Staff contact: Chris Garcia, Community & Economic
Development)
City Manager's Recommendation: Take public input, close the public hearing, introduce the
Ordinance and adopt the Resolution.
Mayor Hall opened the duly noticed public hearing at 8:23 p.m.
Bill Hoffman, representing Tesla, spoke briefly about the project.
Seeing no one wishing to speak, Mayor Hall closed the duly noticed public hearing at 8:34
p.m.
City Attorney Celia Brewer titled the Ordinance.
Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Hamilton, to
approve staff's recommendation including Council Member Hamilton's suggestion on the
inventory parking CUP. Motion carried unanimously, 5/0.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to introduce
Ordinance No. CS-355 and to adopt Resolution No. 2019-108. Motion carried unanimously,
5/0.
June 25, 2019 Carlsbad City Council Regular Meeting Page 6
12. THE SEAGLASS CT 2018-0004 -Adopt Resolution No. 2019-109 approving a Tentative Tract
Map and Site Development Plan to construct an eight-unit, residential air-space
condominium project on a 0.25-acre site located at 2646 State Street in the Village Center
(VC) District of the Village and Barrio Master Plan and within Local Facilities Management
Zone 1. Case Name: The Seaglass. Case No.: CT 2018-0004/SDP 2018-0021 (DEV2017-0236)
(Staff contact: Shannon Harker, Community & Economic Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
Resolution.
Associate Planner Shannon Harker and City Planner Don Neu 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 8:48 p.m.
Safdie Rabines of Safdie Rabines Architects made a brief presentation (on file in the Office of
the City Clerk).
Seeing no one wishing to speak, Mayor Hall closed the duly noticed public hearing at 9:00
p.m.
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to adopt
Resolution No. 2019-109 with edits suggested by staff. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Mayor Hall left the dais due to a conflict of interest at 9:10 p.m.
Mayor Pro Tern Bhat-Patel called for a recess at 9:10 p.m.
Mayor Pro Tern Bhat-Patel readjourned the meeting at 9:18 p.m.
13. DISCUSSION ON POTENTIAL TIME-BOUND DEVELOPMENT MORATORIUM FOR THE VILLAGE
BARRIO MASTER PLAN AREA -Council discussion on potential action regarding a time-bound
development moratorium for the Village Barrio Master Plan area and provide direction to city
staff as appropriate. (Staff contact: Debbie Fountain, Community & Economic Development)
City Manager's Recommendation: Engage in discussion and provide direction to staff as
appropriate.
City Attorney Celia Brewer announced that this item requires a 4/5 vote in order for it to pass.
Community & Economic Development Director Debbie Fountain and City Planner Don Neu
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Thomas Yonker spoke in support of North County Yes in my Back Yard {YIMBY} and in
opposition to the moratorium.
June 25, 2019 Carlsbad City Council Regular Meeting
Janelle Cannon spoke in support of the moratorium.
Craig Jones spoke in opposition to the moratorium.
Bill Hoffman spoke on his negative experience with moratoriums.
Tanya Griffiths stated that she and others would like a pause on building.
Page 7
Michael Mcsweeney, representing the Local Building Industry Association, spoke against the
moratorium.
Robert Wilcox spoke in opposition to the moratorium and the effects of lack of housing near
transit.
Lisa McKethan asked for a reevaluation of what is being built.
Kirk Muller spoke in opposition to the moratorium and feels the Village & Barrio is alive and
well.
Brandon Foot, developer in Carlsbad, does not agree with the moratorium and wants to talk
about ways to increase affordability in the neighborhood.
Council Member Hamilton stated that her intent is not to stop development, but to discuss
the following five areas and ask staff to return with a study on those five items: Housing in
Lieu Fees, Parking in Lieu Fees, Historic Preservation, Permitted Uses, and a Decision Maker
Definition.
Council Member Hamilton would like to see the Council take advantage of its authority in
discretionary use of Housing in Lieu and Parking in Lieu.
This Item was heard before Public Hearing.
14. NORTH COUNTY TRANSIT DISTRICT QUARTERLY REPORT -Receive an informational report
from North County Transit District (NCTD) staff on NCTD's regional activities and
performance. (Staff contact: Jason Haber, City Manager Department)
City Manager's Recommendation: Receive the report.
This item was continued to a date uncertain.
15. MIRACOSTA TECHNOLOGY CAREER INSTITUTE ANNUAL UPDATE -Receive a presentation on
the MiraCosta Technology Career Institute Annual Update. (Staff contact: Christie Marcella,
Community & Economic Development)
City Manager's Recommendation: Receive the update.
16. VILLAGE DECORATIVE LIGHTING STUDY REPORT-Adopt Resolution No. 2019-110 approving
a comprehensive decorative lighting plan for the Village to help advance the health and
vitality in the area. (Staff contact: Claudia Huerta, Community & Economic Development)
June 25, 2019 Carlsbad City Council Regular Meeting Page 8
City Manager's Recommendation: Adopt the Resolution.
Senior Program Manager Claudia Huerta gave an overview of the project and introduced Paul
Ericson of Stantec Consulting, Inc. and Rick Barrett from MIG, Inc. who presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Council Member Schumacher asked that no new palms trees are to be added for uplighting.
Motion by Council Member Blackburn, seconded by Council Member Schumacher, to adopt
Resolution No. 2019-110 adding that no new palm trees be added for the purposes of
uplighting. Motion carried unanimously, 5/0.
Mayor Hall returned to the dais at 10:52 p.m.
17. FORMATION OF CITY COUNCIL AD-HOC SUBCOMMITTEE FOR REVIEW OF CITY MANAGER
AND CITY ATTORNEY -Adopt Resolution No. 2019-111 authorizing the formation of a City
Council Ad-Hoc Subcommittee comprised of two City Council Members to review, negotiate
and recommend salary changes with the City Manager and City Attorney. (Staff contact:
Sheila Cobian, City Clerk Services)
City Manager's Recommendation: Adopt the Resolution.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-111 appointing Council Member Blackburn and Council Member
Hamilton to the Ad-Hoc Subcommittee for review of City Manager and City Attorney Salaries.
Motion carried, 3/2 (Blackburn, Schumacher-No).
18. FORMATION OF CITY COUNCIL AD-HOC SUBCOMMITTEE ON COMMUNITY CHOICE ENERGY -
Adopt Resolution No. 2019-112 authorizing the formation of a City Council Ad-Hoc
Subcommittee comprised of two City Council Members to receive information and advise the
City Council on Community Choice Energy. (Staff contact: Jason Haber, City Manager
Department)
City Manager's Recommendation: Adopt the Resolution.
Motion by Mayor Hall, seconded by Council Member Schumacher, to adopt Resolution No.
2019-112, appointing Mayor Hall and Council Member Schumacher to the Ad-Hoc
Subcommittee on Community Choice Energy. 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.
CITY ATTORNEY COMMENTS: None.
June 25, 2019 Carlsbad City Council Regular Meeting Page 9
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 event:
Thursday, June 27, 2019 -11:30 a.m. -1:30 p.m.
City of Carlsbad Employee Summer BBQ
Aviara Community Park
6435 Ambrosia Lane
Carlsbad, CA
Thursday, June 27, 2019 -3:00 -5:00 p.m.
North County Coastal All Elected Officials Reception
MiraCosta's San Elijo Campus
3333 Manchester Ave.
Cardiff, CA
Thursday, July 4, 2019 -10:00 a.m. -12:30 p.m.
Rancho Carlsbad 4th of July Parade and Lunch
5200 El Camino Real
Carlsbad, CA
ADJOURNMENT:
Mayor Hall adjourned the duly noticed meeting at 11:04 p.m.
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Tamara R. McMinn, CPMC, CMC
Deputy City Clerk