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