HomeMy WebLinkAbout2021-05-04; City Council; AgendasCITY COUNCIL
Agenda
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
May 4, 2021, 3 p.m.
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
Siirctrurn.
AT&T U-verse
City cable channel
Charter Spectrum channel 24
AT&T U-verse channel 99.
Or] gr-°
City website
carlsbadca.gov/news/cityty.asp
Virtual meeting format
•Per California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily
taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and other
public meetings online only.
•All public meetings will comply with public noticing requirements in the Brown Act and will be made
accessible electronically to all members of the public seeking to observe and address the City Council.
How to participate
•By phone: Sign up at https://www.carlsbadca.govicityhall/clerk/meetings/default.asp by 2 p.m. the day of the
meeting to provide comments live by phone. You will receive a confirmation email with instructions about
how to call in.
•In writing: Email comments to clerk@carlsbadca.gov. Comments received by 2 p.m. the day of the meeting
will be shared with the City Council prior to the meeting. When e-mailing comments, please identify in the
subject line the agenda item to which your comments relate. All comments received will be included as part
of the official record. Written comments will not be read out loud.
•These procedures shall remain in place during the period in which state or local health officials have imposed
or recommended social distancing measures.
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 decide.
IN THE EVENT A QUORUM OF THE CITY COUNCIL LOSES ELECTRICAL POWER OR SUFFERS AN INTERNET CONNECTION OUTAGE
THAT LS NOT CORRECTED WITHIN 15 MINUTES, THE MEETING WILL AUTOMATICALLY BE ADJOURNED. ANY ITEMS NOTICED AS
PUBLIC HEARINGS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. ANY OTHER
AGENDA ITEMS THE COUNCIL HAS NOT TAKEN ACTION ON WILL BE PLACED ON A FUTURE AGENDA.
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. PLEASE NOTE: AS A RESULT OF THE WAIVERS IN EXECUTIVE ORDER N-29-20, THE
BROWN ACT PERMITS FULL PARTICIPATION BY OFFICIALS IN MEETINGS THROUGH VIDEO OR AUDIO TELECONFERENCE.
The 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).
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the Carlsbad Municipal
Water District Board of Directors on Departmental and City Manager Report Item No. 8.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Feb. 16
Minutes of the Regular Meeting held Feb. 23
Minutes of the Special Meeting held April 20
ACTION: Minutes approved as presented — 5/0.
PRESENTATIONS:
Proclamation in Recognition of Water Safety Month
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None.
PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the
agenda. Please treat others with courtesy, civility, and respect. In conformance with the Brown Act
and California Executive Order No. N-29-20, a total of 15 minutes is provided so members of the public
may participate in the meeting by submitting comments as provided on the front page of this agenda.
The City Council will receive comments as requested up to a total of 15 minutes in the beginning of the
meeting. All other comments will be heard at the end of the meeting. In conformance with the Brown
Act, no action can occur on these items.
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.
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 AS OF MARCH 31, 2021 — Accept and file Report on City
Investments as of March 31, 2021. (Staff contact: Craig Lindholm and Laura Rocha, Administrative
Services)
ACTION: Council received the report — 5/0.
2.AMENDMENT NO. 4 TO AGREEMENT WITH WLC ARCHITECTS FOR THE FIRE STATION NO. 4
ADDITION, CIP NO. 4740 — Adoption of a resolution authorizing execution of Amendment No. 4 to
the agreement with WLC Architects, Inc. to amend the agreement in an amount not to exceed
$155,000 and extend the term by two years for additional design services for the Fire Station No.
May 4, 2021 Page 2
4 Addition, CIP No. 4740. (Staff contact: Steven Stewart, Public Works and Michael Calderwood,
Fire)
ACTION: This item was returned to staff to be brought back at a later time.
3.PURCHASE AND SALE AGREEMENT FOR CITY-OWNED PROPERTY LOCATED ON PAJAMA DRIVE IN
OCEANSIDE APN 149-070-47-00 — Adoption of a resolution approving and authorizing the
execution of a purchase and sale agreement for city-owned property located on Pajama Drive, in
Oceanside, California, APN 149-070-47-00, commonly known as the Pajama Drive Property, with
Steve and Cydne Norris. (Staff contact: Curtis Jackson, Real Estate)
ACTION: Adopted Resolution No. 2021-096 — 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
4.WEST OAKS WAY — 1) Introduction of an ordinance approving amendments to the citywide zoning
and Local Coastal Program Zoning maps to modify the city-wide and Local Coastal Program Zoning
designations from Planned Industrial (P-I) Zoning to Residential Density Multiple (RD-M) Zoning,
and to reconfigure the Open Space (OS) Zoning boundaries on the property to accommodate
required emergency access and preserve on-site habitat and habitat buffer areas located
southwest of the intersection of Palomar Airport Road and Palomar Oaks Way within the Melo ll
Segment of the Local Coastal Program and Local Facilities Management Zone 5. (Case Name: West
Oaks; Case No.: ZC 16-03/LCPA 16-04 (DEV 13018)); and
2) Adoption of a resolution adopting a Mitigated Negative Declaration, Mitigation Monitoring
and Reporting Program and Addendum; approving a General Plan Amendment and Local Coastal
Program Amendment to modify the Land Use Designation on a 12.53-acre site from Planned
Industrial (PI) to Residential (R-30) and to reconfigure the Open Space (OS) Land Use Designation
boundaries on the property to accommodate required emergency access and preserve on-site
habitat and habitat buffer areas; and the approval of a Site Development Plan, Coastal
Development Permit, Habitat Management Plan Permit, and Minor Subdivision for the
construction of 192 multifamily residential apartment rental units located southwest of the
intersection of Palomar Airport Road and Palomar Oaks Way within the Mello ll Segment of the
Local Coastal Program and Local Facilities Management Zone 5. (Case Name: West Oaks; Case
No.: GPA 16-04/ZC 16-03/LCPA 16-04/SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV
13018)). (Staff contact: Cliff Jones, Community Development)
City Manager's Recommendation: Take public input, close the public hearing, introduce the
ordinance and adopt the resolution.
ACTION: Introduced Ordinance No. CS-397 — 5/0;
Adopted Resolution No. 2021-097 — 5/0.
5.2690 ROOSEVELT STREET — Adoption of a resolution approving a Tentative Tract Map and Site
Development Plan to construct a nine-unit residential air-space condominium project on a 0.42-
acre site located at 2690 Roosevelt Street in the Village General (VG) District of the Village and
Barrio Master Plan and within Local Facilities Management Zone 1. (Case Name: 2690 Roosevelt;
May 4, 2021 Page 3
Case No.: CT 2019-0006/SDP 2019-0007 (DEV 2018-0183)). (Staff contact: Cliff Jones, Community
Development)
City Manager's Recommendation: Take public input, close the public hearing, and adopt the
resolution.
ACTION: Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn,
to adopt and amend Resolution No. 2021-098 to stipulate that staff not apply
Planning Policy No. 35 to the architectural design (see minutes for details) — 5/0.
6.BUSINESS LICENSE TAX APPEAL — TAYLOR MADE GOLF COMPANY, INC. AND CALLAWAY GOLF
COMPANY — 1) Adoption of a resolution affirming the license collector's final determination of
unpaid business licenses taxes and penalties owed by Taylor Made Golf Company, Inc. for tax years
ending 2018 through 2020; and
2) Adoption of a resolution affirming the license collector's final determination of unpaid business
licenses taxes and penalties owed by Callaway Golf Company for tax years ending 2018 through
2020. (Staff contact: Laura Rocha, Administrative Services)
City Manager's Recommendation: Take public input, close the public hearings, and adopt the
resolutions.
ACTION: Motion by Mayor Pro Tern Blackburn, second by Council Member Bhat-Patel
selecting Option No. 3 with the addition that the City proactively administers
adjustments to other businesses that were affected by the business license tax and
penalties prior to Jan. 16, 2019 — 4/1 (Hall — No);
Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-
Patel, directing staff to bring back a study for discussion of the city's business
license tax ordinance and the apportionment formula in Administrative Order No.
81 — 5/0;
Motion by Mayor Pro Tern Blackburn, second by Council Member Bhat-Patel
selecting Option No. 3 with the addition that the City proactively administers
adjustments to other businesses that were affected by the business license tax and
penalties prior to Jan. 16, 2019 — 4/1 (Hall — No).
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.
ACTION: Council received the report — 5/0.
8.FINANCIAL ASSISTANCE UPDATE FOR CUSTOMER VVATER BILLS —Adoption of a Carlsbad Municipal
Water District resolution directing staff to continue to provide information to ratepayers on 2-1-
1- San Diego for referral to local San Diego nonprofit organizations and San Diego County's rental
and utility assistance program for funds that provide water bill assistance; and continue to
monitor county, state and federal COVID-19 programs related to water bill assistance, and if
applicable to CMWD customers, return to the Board after these programs have been evaluated
May 4, 2021 Page 4
to provide a recommendation on other options including costs, implementation timelines and
funding recommendations. (Staff contact: Mario Remillard and Vicki Quiram, Public Works)
City Manager's Recommendation: Adopt the resolution.
ACTION: Adopted CMWD Resolution No. 1652 — 5/0.
9.UPDATE ON CONSTRUCTION COSTS AND PROJECT SCHEDULE ASSOCIATED WITH BUENA VISTA
RESERVOIR PARK—Adoption of a resolution identifying the Park in Lieu Fee Fund — North West as
the funding source for reimbursement to Lennar Homes for agreed to costs associated with the
Buena Vista Reservoir Park project budget, and authorizing such reimbursement in an amount not
to exceed $378,500. (Staff contact: Kyle Lancaster, Parks & Recreation)
City Manager's Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2021-099 — 5/0.
10.WORK PLANS AND FUNDING AUTHORIZATIONS TO ACHIEVE THE CITY COUNCIL GOALS
1)Adoption of a resolution approving the work plan and authorizing the use of General Fund
reserves to achieve the City Council's Fiscal Year 2021-22 Goal to "Engage the community through
a citizen's committee to create a new plan to manage growth in Carlsbad in a way that maintains
an excellent quality of life"; and
2)Adoption of a resolution approving the work plan and authorizing the use of General Fund
reserves and other funding sources to achieve the City Council Goal of "Reducing the homeless
unsheltered population, among those who want help, by 50 percent within five years". (Staff
contact: Jason Haber, City Manager Department)
City Manager's Recommendation: Adopt the resolutions.
ACTION: Adopted Resolution No. 2021-100 — 5/0;
Adopted Resolution No. 2021-101 — 4/1 (Hall — No).
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
City Council Regional Assignments (Revised 1/12/21)
Matt Hall
Mayor
Keith Blackburn
Mayor Pro Tern — District 2
North County Mayors and Managers
Chamber of Commerce Liaison (primary)
San Diego County Water Authority
SANDAG Board of Directors (primary)
City Council Legislative Subcommittee
Economic Revitalization Subcommittee
North County Homeless Action Committee
Homeless Action Subcommittee
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
North County Dispatch Joint Powers Authority
SANDAG Board of Directors (2" alternate)
SANDAG Shoreline Preservation Working Group (alternate)
Carlsbad Municipal Code and City Council Policy
Subcommittee
Update
May 4, 2021 Page 5
SANDAG Board of Directors (1' alternate)
SANDAG Shoreline Preservation Working Group (primary)
North County Transit District (primary)
City/School Committee
Clean Energy Alliance JPA (primary)
League of California Cities — SD Division (alternate)
Economic Revitalization Subcommittee
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
League of California Cities — SD Division
North County Dispatch Joint Powers Authority (alternate)
Carlsbad Municipal Code and City Council Policy Update
Subcommittee
North County Homeless Action Committee
Homeless Action Subcommittee
City/School Committee
Chamber of Commerce Liaison (alternate)
Encina Wastewater Authority Board of Directors (alternate)
City Council Legislative Subcommittee
Clean Energy Alliance JPA (alternate)
North County Transit District (alternate)
Priya Bhat-Patel
Council Member — District 3
Cori Schumacher
Council Member — District 1
Teresa Acosta
Council Member — District 4
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. In conformance with the
Brown Act, 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: 7:05 p.m.
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
May 4, 2021 Page 6
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.
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.
May 4, 2021 Page 7
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.
May 4, 2021 Page 8