HomeMy WebLinkAbout2019-08-20; City Council; AgendasThe City Council also sits as the Carlsbad Municipal Water District Board, Public Financing Authority Board, Community Development
Commission and Successor Agency to the Redevelopment Agency. When considering items presented to the Carlsbad Municipal Water
District Board, each member receives an additional $100 per meeting (max $300/month). When considering items presented to the
Community Development Commission each member receives an additional $75 per meeting (max $150/month).
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information
about topics coming before the City Council and the action recommended by city staff. You can read about each
topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk
is also available to answer any questions you have about City Council meeting procedures.
How to Watch
The City of Carlsbad provides three ways to watch a City Council meeting:
In Person
On TV Online
Most City Council meetings take place at City Hall, 1200 Carlsbad Village Drive Watch live and replays of meetings on Charter Spectrum channel 24 and
AT&T U-verse channel 99
Watch the livestream and replay past meetings on the city website,
www.carlsbadca.gov
How to Participate
If you would like to provide comments to the City Council, please:
• Fill out a speaker request form, located in the foyer.
• Submit the form to the City Clerk before the item begins.
• When it’s your turn, the City Clerk will call your name and invite you to the podium.
• Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time.
• You may not give your time to another person, but groups can select a single speaker as long as three
other members of your group are present. Group representatives have 10 minutes unless that time is
changed by the presiding officer or the City Council.
Reasonable Accommodations
Persons with a disability may request an agenda packet in appropriate alternative formats as require by the
Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to
effectively allow participation in the meeting. Please contact the City Manager’s Office at 760-434-2821 (voice),
711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Monday
before the meeting to make arrangements.
More information about City Council meeting procedures can be found at the end of this agenda and in the
Carlsbad Municipal Code chapter 1.20.
August 20, 2019 5 p.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
August 20, 2019 Page 2
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Schumacher, Hamilton.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Pledge of Allegiance was led by Council Member Hamilton.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held June 25, 2019.
Minutes of the Special Meeting held July 9, 2019.
Minutes of the Regular Meeting held July 9, 2019.
Minutes of the Regular Meeting held July 16, 2019.
Minutes of the Special Meeting held July 23, 2019.
Minutes of the Regular Meeting held July 23, 2019.
ACTION: Adopted Minutes as presented – 4/0 (Hall – Absent).
PRESENTATION: None.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented
during Public Comment. A total of 15 minutes is provided so members of the public can address the Council
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to
speak during Public Comment, fill out a SPEAKER CARD and submit it to the City Clerk. If there are more
than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council
Reports. When you are called to speak, please come forward to the podium and state your name.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted
by one motion as listed below. There will be no separate discussion on these items prior to the time the
Council votes on the motion unless members of the Council, the City Manager, or the public request specific
items be discussed and/or removed from the Consent Calendar for separate action. A request from the
public to discuss an item must be filed with the City Clerk in writing prior to Council consideration of the
Consent Calendar.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. REPORT ON CITY INVESTMENTS – Acceptance of report on City Investments as of June 30, 2019. (Staff
contact: Craig Lindholm, City Treasurer; Laura Rocha, Administrative Services)
ACTION: City Council received the Report – 4/0 (Hall – Absent).
August 20, 2019 Page 3
2. AWARD OF CONTRACT FOR TRANSPORTATION DEMAND MANAGEMENT SERVICES – Adoption of a
Resolution approving a Professional Services Agreement with UrbanTrans North America to provide
Professional Transportation Demand Management Consulting Services in an amount not to exceed
$199,000 annually for a term of two years. (Staff contact: Claudia Huerta, Community & Economic
Development)
ACTION: Adopted Resolution No. 2019-138 – 4/0 (Hall - Absent).
3. SB 2 PLANNING GRANTS PROGRAM FUNDS – Adoption of a Resolution authorizing the city to apply for
SB 2 Planning Grants Program Funds from the State of California, to accept any award, and authorizing
the Deputy City Manager of Administrative Services to appropriate any funds received. (Staff contact:
Melanie Saucier, Community & Economic Development)
ACTION: Adopted Resolution No. 2019-139 – 4/0 (Hall - Absent).
4. ACCEPTANCE OF A DONATION FROM CARLSBAD FRIENDS OF THE ARTS – Adoption of a Resolution
accepting a donation of $6,775 from the Carlsbad Friends of the Arts as a reimbursement in support
of the FY 2018-19 Starring Artists Program. (Staff contact: Richard Schultz, Library & Cultural Arts)
ACTION: Adopted Resolution No. 2019-140 – 4/0 (Hall - Absent).
5. AWARD OF CONTRACT TO BLUE PACIFIC ENGINEERING AND CONSTRUCTION – Adoption of a
Resolution accepting bids and awarding a contract to Blue Pacific Engineering and Construction for
construction of the City Hall Exterior Refurbishment and Northwest Quadrant Storm Drain
Improvement Program, Capital Improvement Program (CIP) Project Nos. 4725 and 6608, in an amount
not to exceed $1,849,713. (Staff contact: Brandon Miles, Public Works Transportation)
ACTION: Adopted Resolution No. 2019-141 – 4/0 (Hall - Absent).
6. AWARD OF CONTRACT TO MIKHAIL OGAWA ENGINEERING, INC. – Adoption of a Resolution awarding
a contract to Mikhail Ogawa Engineering Inc., to provide professional services for the Carlsbad
Watershed Management Area (CMWA) Program in an amount not to exceed $117,000. (Staff contact:
James Wood, Public Works Environmental Management)
ACTION: Adopted Resolution No. 2019-142 – 4/0 (Hall - Absent).
7. APPROVAL OF MASTER LICENSE AGREEMENT WITH VERIZON WIRELESS (VAW), LLC – Adoption of a
Resolution authorizing a Master License Agreement with Verizon Wireless (VAW), 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, City Manager
Department)
ACTION: Adopted Resolution No. 2019-143 – 4/0 (Hall - Absent).
ORDINANCES FOR INTRODUCTION:
8. 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 – Introduction of an
Ordinance amending Carlsbad Municipal Code Chapter 2.28, Sections 2.15.050 and 2.12.125 to update
the Traffic Safety Commissions’ name and duties. (Staff contact: Doug Bilse, Public Works)
City Manager’s Recommendation: Introduce the Ordinance by title only and schedule the second
reading and adoption of the ordinance for a future meeting.
ACTION: Introduced Ordinance No. CS-356 – 4/0 (Hall - Absent).
August 20, 2019 Page 4
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
9. VILLAGE AND BARRIO MASTER PLAN – ACCEPTANCE OF THE CALIFORNIA COASTAL COMMISSION’S
SUGGESTED MODIFICATIONS – Introduction of an Ordinance 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: Scott Donnell, Community & Economic Development)
City Manager’s Recommendation: Take public input, close the public hearing and introduce the
Ordinance.
ACTION: Introduced Ordinance No. CS-357 – 4/0 (Hall – Absent). Minute Motion by Council
Member Hamilton directing staff to bring back for council consideration in two months, a
workplan in that includes a timeline to address the following amendment package for the Village
and Barrio Master Plan: 1) Decision making authority for the entire Village and Barrio Master Plan
to council; 2) Permitted uses vital to a live, work, play community; 3) Parking-in-lieu fees to be
directed to a specific area for parking and the potential for public/private partnerships for a
specific zoned parking structure; 4) Traffic impact analysis and mitigation fees specific to the
Village and Barrio Master Plan area and roadway conditions outside of the coastal zone; 5)
Objective architectural, historical and design standards within the Village and Barrio Master Plan
area; 6) Solutions and options to avoid housing-in-lieu payments in the village and barrio area; 7)
Village barrio specific inclusionary policy; and to allow for general conversation regarding
additional components of the plan. – 4/0 (Hall – Absent). (See Minutes for Details).
10. PURE PROJECT BREWERY AND TASTING ROOM – Adoption of a Resolution 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,
Adoption of a Resolution 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.
ACTION: This item was continued to August 27, 2019.
11. OCEAN VIEW POINT – Introduction of an Ordinance 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); and,
August 20, 2019 Page 5
Adoption of a Resolution adopting a Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program, and Addendum; Approving a General Plan Amendment to Amend the Land Use
Element of the General Plan from Residential (R-1.5) to Residential (R-4) and a Local Coastal Program
Amendment to reflect the proposed General Plan Land Use; and approving a Tentative Tract Map,
Planned Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit to allow for the subdivision and development of 18 lots (13 single-family
residential, one private street, and four open space), all of which is contained within 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.: GPA 15-02/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP
15-05 (DEV15043). (Staff contact: Jason Goff, Community & Economic Development)
City Manager’s Recommendation: Take public input, close the public hearing, introduce the
Ordinance and adopt the Resolution.
ACTION: Introduced Ordinance No. CS-358 and adopted Resolution No. 2019-144 – 4/0 (Hall –
Absent).
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. CITYWIDE ANNUAL FINANCIAL AUDIT AND INTERNAL AUDIT PROGRAM OVERVIEW – Receive a
presentation on the City’s annual financial audit and internal audit program. (Staff Contact: Kevin
Branca, Administrative Services)
City Manager’s Recommendation: Receive the report.
ACTION: City Council received the Presentation.
13. PRESENTATION FROM CALIFORNIA’S DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) – Receive an informational presentation from CalRecycle staff on the state of recycling
and current and future regulations affecting organic waste and diversion requirements. (Staff contact:
James Wood, Public Works)
City Manager’s Recommendation: Receive the presentation.
ACTION: City Council received the Presentation.
14. SUSTAINABLE MATERIALS MANAGEMENT PLAN – Adoption of a Resolution accepting the Sustainable
Materials Management Plan. (Staff Contact: James Wood, Public Works)
City Manager’s Recommendation: Adopt the Resolution.
ACTION: Adopted Resolution No. 2019-145 – 4/0 (Hall - Absent).
15. COMMUNITY CHOICE ENERGY PROGRAM GOVERNANCE ANALYSIS REPORT AND JOINT POWERS
AUTHORITY FORMATION – Receive a Community Choice Energy Program Governance Analysis Report
prepared for the Cities of Carlsbad, Del Mar and Encinitas; and,
Receive a City Council Ad-Hoc Subcommittee recommendation to negotiate and enter into a
Community Choice Energy Authority Joint Powers Agreement with the Cities of Del Mar and Encinitas,
subject to certain conditions; and,
Direct staff to: A.) Initiate negotiations with the Cities of Del Mar, Encinitas and other potential partner
agencies to prepare a Community Choice Energy Authority Joint Powers Agreement, subject to the
August 20, 2019 Page 6
conditions outlined in the recommendations of the City Council Ad-Hoc Subcommittee on Community
Choice Energy; B.) Prepare an ordinance implementing a City of Carlsbad Community Choice Energy
program through a Joint Powers Authority, and C.) Return to City Council to obtain approvals and
appropriations needed to establish and convene a Community Choice Energy Joint Powers Authority
Board of Directors in time to approve and submit a Community Choice Energy Implementation Plan to
the California Public Utilities Commission by December 31, 2019 and launch a Community Choice
Energy program in 2021. (Staff Contact: Jason Haber, City Manager Department)
City Manager’s Recommendation: Receive the report and provide direction to staff.
ACTION: City Council received the Report and provided direction to staff 4/0 (Hall – Absent)
Minute Motion by Council Member Schumacher to approve the recommended action of the
community choice energy subcommittee with the addition of a third party review of the feasibility
study, and with inclusion of the recommended actions of Carlsbad City Council agenda item no. 15.
– 4/0 (Hall – Absent) (See Minutes for Details).
16. CONSIDERATION OF COMMENTS ON THE SAN DIEGO ASSOCIATION OF GOVERNMENTS’ DRAFT 6TH
CYCLE REGIONAL HOUSING NEEDS ASSESSMENT METHODOLOGY – Discuss and consider a minute
motion to provide written or verbal comments to the San Diego Association of Governments’
(SANDAG) draft 6th Cycle Regional Housing Needs Assessment (RHNA) Methodology. (Staff Contact:
Debbie Fountain, Community & Economic Development)
City Manager’s Recommendation: Receive the report, discuss and consider a minute motion to
provide written or verbal comments to SANDAG.
ACTION: City Council received the Report. Minute Motion by Mayor Pro Tem Bhat-Patel to submit
the letter regarding the draft regional housing needs assessment methodology to SANDAG. – 4/0
(Hall – Absent).
17. DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE – Adoption of a Resolution designating a voting delegate and alternates for the League
of California Cities Annual Conference in Long Beach, CA, October 16 – 18, 2019 (Staff Contact: Sheila
Cobian, City Clerk Services)
City Manager’s Recommendation: Adopt the Resolution.
ACTION: Adopted Resolution No. 2019-146 designating Mayor Pro Tem Bhat-Patel voting delegate
and Council Member Schumacher as voting alternate. – 4/0 (Hall - Absent).
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
City Council Regional Assignments (Revised 1/08/19)
Matt Hall
Mayor
North County Mayors and Managers
City/School Committee
Chamber of Commerce Liaison (primary)
San Diego County Water Authority
San Diego Regional Economic Development Corporation Board of Directors
Keith Blackburn
Council Member
Buena Vista Lagoon JPC
Encina Wastewater Authority/Joint Powers Board of Directors
August 20, 2019 Page 7
North County Dispatch Joint Powers Authority
Chamber of Commerce Liaison (alternate)
Priya Bhat-Patel
Mayor Pro Tem
SANDAG (2nd alternate)
North County Transit District (primary)
City/School Committee
League of California Cities – SD Division
Cori Schumacher
Council Member
SANDAG (primary)
Buena Vista Lagoon JPC
Encina Wastewater Authority Board of Directors (alternate)
Barbara Hamilton
Council Member
SANDAG (1st alternate)
Encina Wastewater Authority/Joint Powers Board of Directors
North County Dispatch Joint Powers Authority (alternate)
North County Transit District (alternate)
PUBLIC COMMENT: Continuation of the Public Comments
This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding
the total time allotted in the first public comments section. When you are called to speak, please come
forward to the podium and state your name. The remainder of the categories are for reporting purposes.
In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
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.
CITY MANAGER COMMENTS:
CITY ATTORNEY COMMENTS:
ADJOURNMENT: 10:16 p.m.
In accordance with Carlsbad Municipal Code (CMC) Section 20.20.20, notice is hereby given that the City
Engineer has reviewed and, immediately following this City Council Meeting of August 20, 2019 will approve
the following final map:
Carlsbad Tract CT 2018-0003, located generally at 1534 Magnolia Avenue.
Specifically, the City Engineer has caused the map to be examined and has made the following findings:
1) The map substantially conforms to the approved tentative map, and approved alterations thereof and
any conditions of approval imposed with said tentative map.
2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable
at the time of approval of the tentative map.
3) The map is technically correct.
Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer’s
action to City Council no later than 10 calendar days from the date of the City Engineer’s action. The appeal
shall specifically state the reason(s) for the appeal; see CMC Section 20.20.165 and 21.54.150.
August 20, 2019 Page 8
If you have any question about the map approval findings or need additional information about the map or
your appeal rights, please feel free to contact the City Clerk’s Office at (760) 434-2808.
City Council Meeting Procedures (continued from page 1)
Written Materials
Written materials related to the agenda that are submitted to the City Council after the agenda packet has been
published will be available for review prior to the meeting during normal business hours at the City Clerk’s office, 1200
Carlsbad Village Drive and on the city website. To review these materials during the meeting, please see the City Clerk
Visual Materials
Visual materials, such as pictures, charts, maps or slides, are allowed for comments on agenda items, not general public
comment. Please contact the City Manager’s Office at 760-434-2820 or manager@carlsbadca.gov to make
arrangements in advance. All materials must be received by the City Manager’s Office no later than noon the day
before the meeting. The time spent presenting visual materials is included in the maximum time limit provided to
speakers. All materials exhibited to the City Council during the meeting are part of the public record. Please note that
video presentations are not allowed.
Decorum
All participants are expected to conduct themselves with mutual respect. Loud, boisterous and unruly behavior can
interfere with the ability of the City Council to conduct the people’s business. That’s why it is illegal to disrupt a City
Council meeting. Following a warning from the presiding officer, those engaging in disruptive behavior are subject to
law enforcement action.
City Council Agenda
The City Council follows a regular order of business that is specified in the Carlsbad Municipal Code. The City Council
may only make decisions about topics listed on the agenda.
Presentations
The City Council often recognizes individuals and groups for achievements and contributions to the community. Well-
wishers often fill the chamber during presentations to show their support and perhaps get a photo. If you don’t see an
open seat when you arrive, there will likely be one once the presentations are over.
Consent Items
Consent items are considered routine and may be enacted together by one motion and vote. Any City Council member
may remove or “pull” an item from the “consent calendar” for a separate vote. Members of the public may pull an item
from the consent calendar by requesting to speak about that item. A speaker request form must be submitted to the
clerk prior to the start of the consent portion of the agenda.
Public Comment
Members of the public may speak on any city related item that does not appear on the agenda. State law prohibits the
City Council from taking action on items not listed on the agenda. Comments requiring follow up will be referred to
staff and, if appropriate, considered at a future City Council meeting. Members of the public are also welcome to
provide comments on agenda items during the portions of the meeting when those items are being discussed. In both
cases, a request to speak form must be submitted to the clerk in advance of that portion of the meeting beginning.
Public Hearing
Certain actions by the City Council require a “public hearing,” which is a time within the regular meeting that has been
set aside and noticed according to different rules.
Departmental Reports
This part of the agenda is for items that are not considered routine and do not require a public hearing. These items are
usually presented to the City Council by city staff and can be informational in nature or require action. The staff report
about each item indicates the purpose of the item and whether or not action is requested.
August 20, 2019 Page 9
Other Reports
At the end of each meeting, City Council members and the city manager, city attorney and city clerk are given an
opportunity to share information. This usually includes reports about recent meetings, regional issues, and recent or
upcoming meetings and events.
City Council Actions
Resolution
A resolution is an official statement of City Council policy that directs administrative or legal action or embodies a
public City Council statement. A resolution may be introduced and adopted at the same meeting. Once adopted, it
remains City Council policy until changed by subsequent City Council resolution.
Ordinance
Ordinances are city laws contained in the Carlsbad Municipal Code. Enacting a new city law or changing an existing one
is a two-step process. First, the ordinance is “introduced” by city staff to the City Council. If the City Council votes in
favor of the introduction, the ordinance will be placed on a subsequent City Council meeting agenda for “adoption.” If
the City Council votes to adopt the ordinance, it will usually go into effect 30 days later.
Motion
A motion is used to propose City Council direction related to an item on the agenda. Any City Council member may
make a motion. A motion must receive a “second” from another City Council member to be eligible for a City Council
vote.