HomeMy WebLinkAbout2020-11-03; City Council; MinutesCITY COUNCIL
Minutes
Nov. 3, 2020 3 p.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance.
INVOCATION: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Oct. 13, 2020
Minutes of the Special Meeting held Oct. 20, 2020
Minutes of the Regular Meeting held Oct. 20, 2020
Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the
minutes as presented. Motion carried unanimously, 4/0.
PRESENTATIONS:
Proclamation in recognition of America Recycles Day
Council Member Schumacher read the proclamation.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the City Council is
serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item
No. 3.
CONSENT CALENDAR:
Mayor Hall requested to pull Item No. 5 for discussion.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 through 4. Motion carried unanimously, 4/0.
1. APPROVAL OF THE 2021 REGULAR CITY COUNCIL MEETING CALENDAR — Adoption of
Resolution No. 2020-210 approving the 2021 Regular City Council Meeting Calendar. (Staff
contact: Faviola Medina, City Clerk Department)
2. ADVERTISE FOR BIDS FOR THE LAKE CALAVERA OUTLET IMPROVEMENTS, CIP PROJECT NO.
5054 — Adoption of Resolution No. 2020-211 approving the plans and specifications and
November 3, 2020 Carlsbad City Council Regular Meeting Page 2
authorizing the city clerk to advertise for bids for the Lake Calavera Outlet Improvements, CIP
Project No. 5054. (Staff contact: Vicki Quiram and Dave Padilla, Public Works)
3. MEMORANDUM OF UNDERSTANDING WITH ENCINA WASTEWATER AUTHORITY FOR THE
FLOW EQUALIZATION BASIN REM EDIATION PROJECT—Adoption of Carlsbad Municipal Water
District Resolution No. 1646 authorizing execution of a Memorandum of Understanding with
Encina Wastewater Authority for remediation of soil settlement adjacent to the flow
equalization basins east of the Carlsbad water recycling facility. (Staff contact: Vicki Quiram
and Dave Padilla, Public Works)
4. AGREEMENT WITH SCHMIDT DESIGN GROUP FOR DESIGN SERVICES FOR THE VILLAGE H
SOUTH OFF-LEASH DOG AREA AND TRAIL SEGMENT 5B — Adoption of Resolution No. 2020-
212 authorizing a Professional Services Agreement with Schmidt Design Group for design
services for the Village H South Off-Leash Dog Area and Trail segment 5B, CIP Project No.
4610, and appropriating $80,000 in additional funds from the Public Facilities Fee Fund. (Staff
contact: Tim Selke, Parks & Recreation)
This item was pulled for discussion by Mayor Hall.
5. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION
— Adoption of a resolution approving a Memorandum of Understanding with the Carlsbad
City Employees' Association and its associated salary schedule. (Staff Contact: Debbie Porter
and Judy von Kalinowski, Human Resources)
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION:
This item was pulled for discussion by Mayor Hall.
5. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION
— Adoption of Resolution No. 2020-213 approving a Memorandum of Understanding with the
Carlsbad City Employees' Association and its associated salary schedule. (Staff Contact:
Debbie Porter and Judy von Kalinowski, Human Resources)
Mayor Hall explained that while staff are dedicated and hard-working, he is not supportive of
a wage increase during times of economic uncertainty.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Resolution No. 2020-213. Motion carried, 3/1 (Hall — No).
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION: None.
November 3, 2020 Carlsbad City Council Regular Meeting Page 3
PUBLIC HEARINGS:
6. MARJA ACRES — CONSIDERATION OF A MIXED-USE, DENSITY BONUS DEVELOPMENT PROJECT
CONSISTING OF 294 RESIDENTIAL UNITS AND 10,000 SQUARE FEET OF SPECIALTY
COMMERCIAL USES ON 20.65 ACRES LOCATED AT 4901 EL CAM INO REAL - 1) Adoption of
Resolution No. 2020-214 determining the street facility on southbound El Camino Real
between Tamarack Avenue and Cannon Road to be built out and exempt from the vehicular
level of service performance standard, in accordance with the General Plan Mobility Element
Policy 3-P.9 and the Citywide Facilities and Improvements Plan Circulation Performance
Standard; and
2) Adoption of Resolution No. 2020-215 certifying an environmental impact report, adopting
the candidate findings of fact and the mitigation monitoring and reporting program, and
approving a tentative tract map, residential planned development permit, nonresidential
planned development permit, site development plan, coastal development permit, hillside
development permit and special use permit for a mixed-use project consisting of 248
townhomes, 46 affordable senior apartments, and 10,000 square feet of specialty
commercial uses on 20.65 acres at 4901 El Camino Real, located within the Mello ll segment
of the Local Coastal Program and Local Facilities Management Zone 1. (Project Name: Marja
Acres; Project No.: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/HDP 16-
02/SUP 16-02/EIR 2017-0001). (Staff contact: Teri Delcamp, Community Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolutions.
City Council members stated their disclosures regarding Item No. 6.
Community Development Director Jeff Murphy and Transportation Director Tom Frank
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
In response to an inquiry from Mayor Hall, Mayor Pro Tem Blackburn explained he was
concerned about being consistent with the time allotted for developers' presentations in the
past.
City Attorney Celia Brewer explained the applicant has 10 minutes to review their
presentation and 5 minutes for their rebuttal per the city's municipal code.
Minute Motion by Mayor Hall to allow the applicant 15 minutes for their presentation.
Motion failed due to a lack of a second.
Mayor Hall opened the duly noticed Public Hearing at 3:36 p.m.
New Urban West Inc. (NUWI) Vice President of Planning Jonathan Frankel presented the
report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
November 3, 2020 Carlsbad City Council Regular Meeting Page 4
The following individuals called into the City Council meeting and voiced their comment for
the record in support of staff's recommendation:
Bret Schanzenbach, representing the Carlsbad Chamber of Commerce; Matt Leonard,
representing Edward Jones and the Carlsbad Chamber of Commerce; Angeli Calinog,
representing Circulate San Diego; Michael Schumacher; Jenny Chou, representing Life Step;
Nicolette Lacy; Toni McMahon; Jeff Peterson; Lindsey Walker; Brian Colby; Eric Armstrong;
Maddy Kilkenny; Sean Francis; Jo Spradley; Erik Bruvold, representing San Diego North
Economic Development Council; Mindy Wright; Risa Baron; Beth Southorn, representing Life
Steps and USA Properties; Randal KaII; Nancy Ives; Marcela Escobar-Eck, representing Olga
Monsalve; Hak Pouy, representing USA Multifamily Management; Jeannette Gutierrez,
representing Ana Caracas; Mary VeSota; Ravi Gopinathan.
Tracy Seemann spoke in support of the project and explained that while NUWI appears to
have addressed many of her and other community members privacy concerns, she requested
the City Council and staff address potential traffic issues on the roads near the project and
prohibit short term rentals and first story rental units.
Kristine Wright, representing a group (Casandra Tompkins, Vickey Syage, Diane Bednosian,
Hope Nelson, Barbara Campbell, Verona Endrizzi, and Tracy Gabrielson) spoke regarding their
request for assurances for additional soil sample analyzation, mitigation, and or removal if
contamination is found; traffic; and noise concerns.
David Thompson spoke regarding his concerns with the staff report and the project's impact
on traffic, parks, and schools.
Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at
4:52 p.m.
Mayor Hall declared a recess at 4:52 p.m.
Mayor Hall reconvened the meeting at 4:59 p.m.
In response to the public comment regarding schools, NUWI Vice President of Planning
Frankel explained they have been in communication with the Carlsbad Unified School District,
who has included the development in their long-term enrollment projections.
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Brewer explained the
city is allowed to mitigate in proportion to the impacts of the project, which staff have done,
however if the measurements were found incorrect in the future then it would be upon the
general fund or a subsequent Capital Improvement Program project to correct these
improvements.
In response to an inquiry from Mayor Pro Tem Blackburn, Principal Planner Teri Delcamp
explained the hours the developer may work weekly per the city's municipal code.
November 3, 2020
Carlsbad City Council Regular Meeting Page 5
Community Development Director Murphy added that the developer can self-impose a
condition to not work on Saturdays, however the city cannot legally require them to do so as
it is not a provision of the municipal code.
In response to an inquiry from Mayor Pro Tem Blackburn, Principal Planner Delcamp
explained the provisions of Senate Bill 50 that allows a developer to coordinate directly with
a school district and be assessed accordingly to their projections.
In response to an inquiry from Mayor Pro Tern Blackburn, NUWI Vice President of Planning
Frankel explained how the rideshare subsidy program will be funded and managed for the
project's residents. Associate Engineer Jennifer Horodyski added that the subsidy would
essentially be for use on a ridesharing platform that includes a carpool option and not a
single-rider use option.
In response to an inquiry from Mayor Pro Tern Blackburn, Engineering Manager Jason Geldert
explained the Traffic Demand Management system can be adjusted as time goes on.
In response to an inquiry from Council Member Bhat-Patel, Transportation Director Frank
explained the adaptive Traffic Signal Program to address congestion issues is anticipated to
be implemented in the corridor and returned to City Council in late Spring of 2021. He also
explained that a left turn lane extension is possible and that a future project with a nexus or
the capital improvement program can fund it.
In response to an inquiry from Council Member Bhat-Patel, NUWI Vice President of Planning
Frankel explained the market rate townhome units will be responsible for funding the subsidy
and not the senior housing units. He also explained their commitment to additional soil
sampling and that the covenants, conditions, and restrictions will address vacation rental
conditions. He also explained increased utilization of the North County Transit District bus
stop may perhaps lead to consideration of a bus shelter improvement for that corridor. He
also confirmed solar will be available in all the homes and that electric vehicle charging
stations will be preinstalled in homes with garages.
In response to an inquiry from Council Member Schumacher, Engineering Manager Geldert
explained the vehicle level of service analysis accounted for cumulative projects, trip
generation from those projects, and included the left pocket turning lane on Kelly Drive.
In response to an inquiry from Council Member Schumacher, NUWI Vice President of Planning
Frankel explained the soil sampling process and that the additional soil sampling will be
conducted on the public's areas of concern. He also explained the commercial portion of the
project will be built as quickly as possible after the last residential development is completed.
In response to an inquiry from Council Member Schumacher, Principal Planner Delcamp
explained that of the 46 affordable units for rent, 37 will be at the 50% area median income
rate and 9 units will be at the 60% area median income rate.
November 3, 2020
Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Mayor Hall, Engineering Manager Geldert explained the
southbound left turning lane into Robertson Ranch was analyzed per the city's standards and
found to be adequate. He added that the traffic impact fees received from the project will be
used toward the citywide list of projects in the traffic impact fee program.
In response to an inquiry from Mayor Hall, Principal Planner Delcamp explained there are no
proposed accessory dwelling units within the project. She also explained the city has already
met its park standard metric within the northwest quadrant and that the Poinsettia 61 project
added another three-acre park that's above and beyond any requirements for growth
management.
In response to an inquiry from Mayor Hall, Principal Planner Delcamp explained there is not
an existing active, high pressure gas or fuel line running through the project site.
In response to an inquiry from Mayor Pro Tem Blackburn, City Attorney Brewer explained
that over the last several years, the state legislature has limited cities' discretion abilities
through new and amended laws in an effort to encourage the approval of housing projects.
She also explained the potential ramifications of denying a project.
In response to an inquiry from Council Member Schumacher, Transportation Director Frank
explained city staff were unable to find a feasible project that accommodated the various
levels of service to address the road segment issues and for that reason, staff also presented
the recommendation for exemption. He also explained staff regularly monitor operations for
congestion points, particularly on arterial roads such as El Camino Real, at least annually.
In response to an inquiry from Council Member Schumacher, City Attorney Brewer explained
the covenants, conditions, and restrictions are not an agreement with the city, but are instead
a contract between the owners and the development, however, the applicant has agreed to
enter that provision into their covenants, conditions, and restrictions.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-214 and Resolution No. 2020-215 as amended with the self-imposed
condition on soil testing. Motion carried unanimously, 4/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. COVID-19 ACTIONS AND EXPENDITURES REPORT — Receive a report on recent actions and
expenditures related to the city's response to the COVID-19 pandemic and provide direction
as appropriate. (Staff contact: Geoff Patnoe, City Manager Department)
City Manager's Recommendation: Receive the report and provide direction as appropriate.
Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to continue the item to
the regular meeting of Nov. 17, 2020. Motion carried unanimously, 4/0.
November 3, 2020 Carlsbad City Council Regular Meeting Page 7
8. APPOINT ONE MEMBER TO THE SENIOR COMMISSION — Adoption of Resolution No. 2020-
216 appointing one member to the Senior Commission. (Staff contact: Tammy McMinn, City
Clerk Department)
City Manager's Recommendation: Adopt the resolution.
Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, adopting Resolution No. 2020-
216 reappointing Patricia Mehan to the Senior Commission. Motion carried unanimously,
4/0.
COUNCIL REPORTS AND COMMENTS: Mayor Hall and City Council Members reported on
activities and meetings of some committees and subcommittees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting in memory of Frank Whitton at
5:58 p.m.
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Mia De Marzo
Deputy City Clerk