HomeMy WebLinkAbout2019-05-07; City Council; Minutes (2)CITY COUNCIL
May 7, 2019 6 p.m.
CALL TO ORDER: 6p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
Council Chamber
1200 carlsbad Village Drive
carlsbad, CA 92008
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the City Council
would be serving as the Carlsbad Municipal Water District Board of Directors on Consent
Calendar Item No. 3.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES:
Minutes of the Special Meeting held April 9, 2019.
Minutes of the Regular Meeting held April 9, 2019.
Minutes of the Regular Meeting held April 16, 2019.
Minutes of the Special Meeting held April 23, 2019.
Minutes of the Regular Meeting held April 23, 2019.
Minutes of the Special Meeting held April 25, 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 Municipal Clerk Week.
Mayor Pro Tern Bhat-Patel presented a proclamation to City Clerk Barbara Engleson in
recognition of Municipal Clerk Week.
Proclamation in recognition of Water Safety Month.
Council Member Hamilton presented a proclamation to Paramedic/Firefighter John Macisaac
and Ocean Lifeguard Spencer Williams in recognition of Water Safety Month.
Proclamation in recognition of the retirement of David Hiscock.
Council Member Keith Blackburn presented a retirement proclamation to David Hiscock in
recognition of his years of service to the City of Carlsbad.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced
that there was no reportable action from Closed Session.
May 7, 2019 Carlsbad City Council Regular Meeting Page 2
Mayor Hall announced that Departmental and City Manager Report Item No. 6 would be heard
out of order and prior to Public Comment.
DEPARTMENTAL AND CITY MANAGER REPORTS:
6. CITY OF CARLSBAD V. COUNTY OF SAN DIEGO LAWSUIT-SETTLEMENT AGREEMENT-Receive
a report on a Settlement Agreement approved in closed session in connection with the
lawsuit titled City of Carlsbad v. County of San Diego; and,
Adoption of Resolution No. 2019-060 re-approving the Settlement Agreement and rescinding
Resolution No. 2018-182, a resolution of intention to initiate a zoning amendment to restrict
airport uses. (Staff contact: Jason Haber, City Manager Department)
City Manager's Recommendation: Receive the report and adopt the Resolution.
Assistant to the City Manager Jason Haber and Peter Kirsch of KKR presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mr. Kirsch explained the context of the settlement agreement and strategies.
Speakers in support of City Manager's recommendation: RJ Lowy; Chuck Collins; Michelle O'Reilly;
Bret Schanzenbach; Jim Swain; Chris MacDone/1; Ahmed Haque on behalf of Carlsbad Chamber of
Commerce; Saundra Cima; Abby Boudon.
Submitted speaker cards in support of City Manager's recommendation; however, did not speak:
Sue Loftin; Oandise Tu; Ann Welton; Paula Yokoyan; Niki Coates; 8. Shepherd; Faye Bacon; John
Bacon; Mary Starley; Joan Markovits; Patricia Simons; Judy Rees; Bill Sheffler; Corrine Busta.
Speakers in opposition of City Manager's recommendation: Hope Nelson (representing a group:
Rosanne Bentley; Vincent Nelson; Shirley Anderson); Frank Sung; Suzie Thorley; Stephanie Jackal;
Vickey Syage.
Submitted a speaker card in opposition of City Manager's recommendation; however, did not
speak: Richard Pfahler.
Michelle Saint-Germaine, speaking with a neutral position on the City Manager's
recommendation, inquired how the settlement agreement addressed concerns with the
Environmental Impact Report.
On a minute motion by Council Member Hamilton, seconded by Mayor Pro Tern Bhat-Patel, City
Council directed staff to return to City Council quarterly or bi-annually with reports relating to
staff's quarterly meetings with the County of San Diego and the meetings held by Palomar Airport
Advisory Committee. Motion carried unanimously, 5/0.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-060. Motion carried, 4/1 (Schumacher-No).
May 7, 2019 Carlsbad City Council Regular Meeting Page 3
On a minute motion by Council Member Schumacher, seconded by Council Member Hamilton,
City Council directed staff to place on a future agenda City Council's interpretation of CUP 172
and CMC 21.53.015. Motion carried, 4/1 (Hall -No).
Council Member Schumacher made a motion to oppose the San Diego County Board of
Supervisor's selected D3 option of the Palomar Airport Master Plan.
Council Member Blackburn stated that he was not prepared to vote on the motion and requested
that staff provide a presentation to Council at a future meeting on the options prior to taking a
position.
Council Member Hamilton seconded Council Member Schumacher's motion.
Council Member Blackburn reiterated that he would prefer that the item be placed on a future
agenda so that he could vote on it after a report from staff.
City Attorney Celia Brewer stated that would be consistent with what the staff report anticipated
which is to have discussion of additional airport items and direction to staff. We do not have a
motion for approval or disapproval of the Master Plans so the better part of wisdom would be to
put the item on a future agenda to provide City Council with a comprehensive report.
Council Member Schumacher responded that she would like to call for the question and
discussion.
On a minute motion by Council Member Schumacher, seconded by Council Member Hamilton,
to oppose the San Diego County Board of Supervisor's selected D3 option of the Palomar Airport
Master Plan. Motion carried, 3/1/1 (Blackburn -Abstain/ Hall -No).
On a minute motion by Council Member Schumacher, seconded by Council Member Hamilton,
to place on a future agenda (within a month), the discussion of placing an advisory vote regarding
the Palomar Airport Master Plan and EIR on the March 2020 Primary ballot. Motion carried, 4/1
(Hall -No).
RECESS:
Mayor Hall declared a recess at 8:14 p.m.
Mayor Hall reconvened the meeting at 8:20 p.m.
PUBLIC COMMENT:
Ben Mijuskovic expressed concerns relating to the absence of storm drains on 5000-5200 Carlsbad
Boulevard.
Mary Lucid encouraged the City Council to separate the operation of the Senior Center from Parks
and Recreation.
May 7, 2019 Carlsbad City Council Regular Meeting Page 4
Virginia Perkins expressed concerns relating to the lack of enforcement of open space rules and
laws on the Southern Preserve Trails.
Camille Perkins requested that the Southern Preserve Trials be fenced and made secure for
Southern Preserve neighbors.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve
Consent Calendar Item Nos. 1 through 3. Motion carried unanimously, 5/0.
1. ANNUAL REPORT OF INVESTMENTS PORTFOLIO AS OF JUNE 30, 2018 -Accepted and filed
the Annual Report of Investment Portfolio as of June 30, 2018. (Staff contact: Craig Lindholm,
City Treasurer)
2. APPROVAL OF STREET NAME CHANGE REQUEST FOR A PORTION OF CANNON ROAD EAST OF
COLLEGE BOULEVARD -Adoption of Resolution No. 2019-057 approving a street name
change for that portion of Cannon Road east of College Boulevard to Bobcat Boulevard. Case
Name: Bobcat Boulevard Street Name Change. Case No. SNC 2019-0001 (DEV2019-0037)
(Staff contact: Sarah Cluff, Community & Economic Development)
3. QUITCLAIM PORTION OF PIPELINE EASEMENT AT ROBERTSON RANCH WEST VILLAGE, CT 13-
03, VAC 2019-0006 -Adoption of Carlsbad Municipal Water District Resolution No. 1615
approving a quitclaim of that portion of a pipeline easement over lots 29 thru 34, 38 thru 43,
61, 62, 67, 75, 76, 85 thru 87, 93 thru 95, 105, 343, and 344 of Map 16092 at Robertson Ranch
West Village, CT 13-03, VAC 2019-0006. {Staff contact: Kyrenne Chua, Community &
Economic Development)
ORDINANCE FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
4. ELIMINATE BICYCLE LICENSING PROGRAM -Adoption of Ordinance No. CS-352 modifying
Carlsbad Municipal Code Title 10, Chapter 10.56, by repealing Sections 10.56.030 related to
daily reports from secondhand bicycle dealers and repealing Sections 10.56.060, 10.56.070,
10.56.080, 10.56.100, and 10.56.110 related to bicycle registration and licensing. (Staff
contact: Sheila Cobian, City Clerk Services)
City Manager's Recommendation: Adopt Ordinance No. CS-352.
City Attorney Celia Brewer titled the Ordinance.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Ordinance No. CS-352. Motion carried unanimously, 5/0.
May 7, 2019 Carlsbad City Council Regular Meeting Page 5
PUBLIC HEARING:
5. ENCINA WATER POLLUTION CONTROL FACILITY -Introduction of Ordinance No. CS-353
adopting an amendment to the Precise Development Plan PDP 1 for the: 1) Construction of a
new Grit and Screenings Annex including applicable equipment; 2) Repair, rehabilitation and
replacement of existing aging infrastructure through the preliminary and primary areas; 3)
Construction of 21 new parking spaces to the east of the existing administration building;
and, 4) Construction of a waste hauling truck turn-around area within the Mello II Segment
of the City's Local Coastal Program located at 6200 Avenida Encinas within Local Facilities
Management Zone 3; and,
Adoption of Resolution No. 2019-058 approving a Coastal Development Permit Amendment
for the: 1) Construction of a new Grit and Screenings Annex including applicable equipment;
2) Repair, rehabilitation and replacement of existing aging infrastructure through the
preliminary and primary areas; 3) Construction of 21 new parking spaces to the east of the
existing administration building; and, 4) Construction of a waste hauling truck turn-around
area within Local Facilities Management Zone 3. Case Name: Encina Water Pollution Control
Facility, Case No. Amend 2018-0008 (DEV2018-173). (Staff contact: Pam Drew, Community
& Economic Development)
City Manager's Recommendation: Take public input, close the public hearing, introduce the
Ordinance and adopt the Resolution.
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 8:43 p.m. Seeing no one wishing to
speak, Mayor Hall closed the duly noticed Public Hearing at 8:43 p.m.
City Attorney Celia Brewer titled the Ordinance.
Motion by Council Member Hamilton, seconded by Mayor Pro Tern Bhat-Patel, to introduce
Ordinance No. CS-353. Motion carried unanimously, 5/0.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-058. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
This item was heard prior to Consent Calendar.
6. CITY OF CARLSBADV. COUNTY OF SAN DIEGO LAWSUIT-SETTLEMENT AGREEMENT-Receive
a report on a Settlement Agreement approved in closed session in connection with the
lawsuit titled City of Carlsbad v. County of San Diego; and,
Adopt a Resolution re-approving the Settlement Agreement and rescinding Resolution No.
2018-182, a resolution of intention to initiate a zoning amendment to restrict airport uses.
(Staff contact: Jason Haber, City Manager Department)
City Manager's Recommendation: Receive the report and adopt the Resolution.
May 7, 2019 Carlsbad City Council Regular Meeting Page 6
7. REVISIONS TO CITY'S STATEMENT OF INVESTMENT POLICY -Adoption of Resolution No.
2019-061 approving revisions to the City's Investment Policy dated July 25, 2017. (Staff
contact: Craig Lindholm, City Treasurer)
City Manager's Recommendation: Adopt the Resolution.
City Treasurer Craig Lindholm 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. 2019-061. Motion carried unanimously, 5/0.
8. ARTS & CULTURE MASTER PLAN UPDATE AND REPORT -Adoption of Resolution No. 2019-
062, receiving an annual status report on the Arts & Culture Master Plan and approving three
additional initiatives of the Arts & Culture Master Plan in FY 2019-20. (Staff contact: Richard
Schultz, Library & Cultural Arts)
City Manager's Recommendation: Adopt the Resolution.
Speaker in support of City Manager's recommendation: Laurenn Barker, representing
Carlsbad Arts Commission.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-062. Motion carried unanimously, 5/0.
9. SHARED MICROMOBILITY PROGRAM OPTIONS -Receive a report on activities, opportunities
and challenges with shared micromobility activities in the region, and provide direction to
staff on whether to participate in a bikeshare pilot program in coordination with other north
coast cities. (Staff contact: Craig Williams, Public Works)
City Manager's Recommendation: Receive the report and provide direction to staff.
Transportation Director Marshall Plantz, Senior Engineer Craig Williams and Deputy City
Attorney Amanda Guy presented the report and reviewed a PowerPoint presentation (on file
in the Office of the City Clerk).
Denise Buckingham, owner of Pedego Carlsbad, spoke in opposition to the proposed bike
share program.
Christine Davis, representing Carlsbad Village Association, expressed a neutral position on the
options; however, requested that that the Association be part of the conversation when
developing any type of micromobility pilot program.
On a Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn,
City Council directed staff to not participate in a bikeshare pilot program in coordination with
other north coast cities at this time; however, to evaluate the pilot programs in adjacent
cities. Motion carried unanimously, 5/0.
May 7, 2019 Carlsbad City Council Regular Meeting Page 7
COUNCIL REPORTS AND COMMENTS:
On a minute motion by Council Member Schumacher, seconded by Council Member Hamilton, City
Council directed staff to place on a future agenda an item to address traffic control, traffic calming
and public safety. Motion carried unanimously, 5/0.
On a minute motion by Mayor Hall, seconded by Council Member Blackburn, to direct staff to
provide an overview relating to SANDAG's proposed mobility plan at the June 11, 2019 City
Council meeting in preparation for the scheduled presentation from a representative from
SANDAG at the June 18, 2019 City Council Meeting. Motion failed 2/3 (Bhat-Patel, Schumacher
and Hamilton -No).
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT:
Mayor Hall adjourned the duly noticed Meeting at 10:50 p.m.
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City Clerk Services Manager