HomeMy WebLinkAbout2021-03-16; City Council; Minutes (2)CITY COUNCIL
Minutes
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
March 16, 2021, 3 p.m.
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
ANNOUNCEMENT OF CONCURRENT MEETINGS: The Mayor announced that the City Council is
serving as the Carlsbad Public Financing Authority on Consent Item No. 2.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in recognition of Peter MacLaggan
Mayor Hall read the proclamation. Peter MacLaggan said a few words.
PUBLIC COMMENT:
The following individuals called into the City Council Meeting and voiced their comment for the
record:
San Marcos High School student Cayla Lopez de Castro expressed her concerns regarding the
dangers at the intersection of El Camino Real and Alga Road.
Julie Ajdour spoke regarding Council Member Schumacher's statement on social media.
Hector Wong spoke regarding Council Member Schumacher's recent actions.
Ellie Arkans spoke regarding the applicability of the city's ethics code and Council Member
Schumacher's recent actions.
Katie Taylor spoke regarding Council Member Schumacher's recent actions.
Kevin Thompson expressed his concern with an exchange he had with a homeless woman on the
street while with his daughter.
Zoe Mersman expressed the need for traffic controls at the intersection of La Costa Avenue and
Camino de los Caches.
Anthony Bona spoke regarding Council Member Schumacher's recent actions.
March 16, 2021 Carlsbad City Council Regular Meeting Page 2
Carlsbad High School student Nathan Lu spoke regarding the impact of human consumption and
the need to place a higher focus on sustainability.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced
that there was no reportable action.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 and 2. Motion carried unanimously, 5/0.
1.ADVERTISE FOR BID PHASE 1 OF THE REFLECTIVITY SIGN REPLACEMENT PROGRAM CIP NO.
6037 Adoption of Resolution No. 2021-054 approving the plans and specifications and
authorizing the City Clerk to advertise for bids for Phase 1 of the Reflectivity Sign
Replacement Program, CIP Project No. 6037. (Staff contact: Michael O'Brien, Public Works)
2.AMENDMENT NO. 1 TO GROUND LEASE AGREEMENT WITH GRAND PACIFIC HOTEL FOR
PROPERTY KNOWN AS THE CROSSINGS AT CARLSBAD WEST VIEW LOT 9 — Adoption of
Carlsbad Public Financing Authority Resolution No. 83 approving the first amendment to the
Ground Lease Agreement with Grand Pacific Carlsbad Hotel, L.P. to: 1) reduce the number
of Sheraton Hotel Rooms in Phase 2 from 31 rooms to 25 junior suites; 2) extend the
additional Sheraton building outside completion date from Aug. 31, 2022 to Dec. 31, 2026;
and 3) add a provision for early construction of Phase 2 if certain metrics are met, for the
property known as The Crossings at Carlsbad West View Lot 9, and authorize the city
manager to execute the first amendment to the agreement and any related future actions.
(Staff contact: Curtis Jackson, Real Estate)
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION:
3.ADOPTION OF ORDINANCE NO. CS-393 — LA COSTA TOWN SQUARE — Adoption of Ordinance
No. CS-393 approving an amendment to the La Costa Master Plan (MP-149R) for property
generally located southeast of the intersection of La Costa Avenue and Rancho Santa Fe
Road, and located within the southeast quadrant of the city within Local Facilities
Management Zone 11. (Case Name: La Costa Town Square Parcel 3 Residential. Case No:
AMEND 2017-0012.) (Staff contact: Faviola Medina, City Clerk Department)
City Attorney Celia Brewer titled the ordinance
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-393. Motion carried unanimously, 5/0.
PUBLIC HEARINGS:
4.COASTAL DEVELOPMENT PERMIT AND VARIANCE FOR AN UNPERMITTED RETAINING WALL
AT 939 BEGONIA COURT — Adoption of Resolution No. 2021-055 denying a Coastal
March 16, 2021 Carlsbad City Council Regular Meeting Page 3
Development Permit and Variance for an unpermitted retaining wall system that exceeds
standards on a manufactured uphill perimeter slope with a gradient greater than 40 percent
and an elevation differential of greater than fifteen feet located at 939 Begonia Court within
the Mello II Segment of the city's Local Coastal Program and Local Facilities Management
Zone 4. (Case Name: Begonia Court Retaining Wall. Case No.: CDP 2020-0026/V 2020-
0004.) (Staff contact: Jessica Evans, Community Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt a
resolution.
Council Members announced that they had nothing to disclose in regards to the project.
Associate Planner Jessica Evans 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 3:44 p.m.
The following individuals called into the City Council Meeting and voiced their cdthment for
the record:
Jan Vans()Ike spoke regarding her concern for those that live at the top of a hill that has a
history of sliding following heavy rainfall.
Property owner Rene Lichtman presented his argument.
In response to Council Member Blackburn's inquiry, Associate Planner Evans explained that
if Mr. Lichtman had come to the city before he began the project, the wall would have not
been permitted.
In response to Council Member Acosta's inquiry, Associate Planner Evans explained that this
case would not be granted as a special privilege.
Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at
4:01 p.m.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-055. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Mayor Hall moved Item No. 11 to be heard before Item No. 5
11. MAYORAL APPOINTMENTS OF TWO MEMBERS TO THE ARTS COMMISSION — 1) Adoption of
Resolution No. 2021-062 appointing Barbara Chung to the Arts Commission; and
2) Adoption of Resolution No. 2021-063 appointing Joni Miringoff to the Arts Commission.
(Staff contact: Tammy McMinn, City Clerks Department)
City Manager's Recommendation: Adopt the resolutions.
March 16, 2021 Carlsbad City Council Regular Meeting Page 4
The following individuals called into the City Council Meeting and voiced their comment for
the record:
Barbara Chung spoke to her qualifications to be appointed to the Arts Commission.
Joan Cumming spoke to her qualifications to be appointed to the Arts Commission.
Tracy Mullen thanked the Mayor and City Council for being able to speak with them and
wished the new members success in their new roles.
Joni Miringoff spoke to her qualifications to be appointed to the Arts Commission.
Motion by Mayor Hall, seconded by 'Mayor Pro Tern Blackburn, to adopt Resolution Nos.
2021-062 and 2021-063. Motion carried unanimously, 5/0.
Mayor Hall heard Item No. 5 after Item No. 11.
5. NORTH COUNTY TRANSIT DISTRICT PRESENTATION ON REPURPOSING THE CARLSBAD
VILLAGE STATION AND POINSETTIA STATION PARKING LOTS — Receive a presentation from
North County Transit District staff. (Staff contact: Jeff Murphy, Community Development)
City Manager's Recommendation: Receive the presentation.
Community & Economic Development Director Jeff Murphy introduced North County Transit
District (NCTD) Chief Development Officer Tracy Foster and Senior Planner Jeff Ryan who
presented the report and reviewed a PowerPoint presentation (on file in the Office of the
City Clerk).
Council received the presentation.
In response to Mayor Pro Tern Blackburn's inquiry, Senior Planner Ryan explained that
affordable housing is a desirable use for the property.
In response to Council Member Bhat-Patel's inquiry, Chief Development Officer Foster
responded that NCTD can return to the City Council to provide updates at any time.
In response to Council Member Acosta, Community & Economic Development Director
Murphy explained that the number of projected units are not added into the city's Regional
Housing Needs Allocation (RHNA) at this time, but once the zoning remapping has begun, an
estimate of those units can be included.
In response to Council Member Schumacher's inquiry, Senior Planner Ryan explained that
parking issues for this project will be addressed.
Mayor Hall declared a recess at 4:45 p.m.
Mayor Hall reconvened the meeting at 4:52 p.m.
March 16, 2021 Carlsbad City Council Regular Meeting Page 5
6. STRATEGIC DIGITAL TRANSFORMATION INVESTMENT PROGRAM — 1) Receive the report;
2)Provide input on the Strategic Digital Transformation Investment Program; and
3)Adoption of Resolution No. 2021-056 approving the Preliminary Strategic Digital
Transformation Investment Program. (Staff contact: Laura Rocha, David Graham and Maria
Cal la nder, Administrative Services)
City Manager's Recommendation: Receive the report, provide input and adopt the
resolution.
Deputy City Manager of Administrative Services Laura Rocha, Director of Information
Technology Maria Callander and Chief Innovative Officer David Graham presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Council received the report.
In response to Council Member Schumacher's inquiry, Chief Innovative Officer Graham
explained that a.city-wide data inventory has been completed and.a city-wide data policy is
being developed to take into account resident's privacy concerns.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-056. Motion carried unanimously, 5/0.
7. SUMMARY OF CREDIT CARD AND TRANSIENT OCCUPANCY TAX INTERNAL AUDIT RESULTS —
1)Receive a presentation on the results of an internal audit of the city's credit card program;
and
2)Adoption of Resolution No. 2021-057 approving the Transient Occupancy Review Report
and establishing invoicing and interest assessment dates under Carlsbad Municipal Code
Section 3.12.080(C) and 3.12.080(E). (Staff contact: Brigid Drury and Laura Rocha,
Administrative Services)
City Manager's Recommendation: Receive the presentation and adopt the resolution.
Senior Accountant Brigid Drury presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Council received the report.
In response to Council Member Acosta's inquiry, Senior Accountant Drury explained that
two hotel operators had underpaid due to a misunderstanding as to which additional fees
are taxable. Senior Accountant Drury also explained that the hotel operators were told that
the issue would be brought to the City Council and letters would be sent to them explaining
the fees.
In response to Mayor Pro Tern Blackburn's inquiry, City Manager Chadwick explained that
charging the credit card fee costs associated with large transactions is going to be brought
to the City Council for approval to obtain reimbursement.
March 16, 2021 Carlsbad City Council Regular Meeting Page 6
Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Schumacher,
directing staff return with credit card administrative fee options for City Council to review.
Motion carried unanimously, 5/0.
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to adopt
Resolution No. 2021-057. Motion carried unanimously, 5/0.
8. CITY COUNCIL POLICY NO. 39 INTERGOVERNMENTAL AFFAIRS PROGRAM, 2021
LEGISLATIVE PLATFORM AND LEGISLATIVE UPDATE — 1) Adoption of Resolution No. 2021-
058 amending City Council Policy No. 39 — Intergovernmental Affairs Program;
2)Adoption of Resolution No. 2021-059 approving the City of Carlsbad 2021 Legislative
Platform; and
3)Receive a presentation on state and federal legislative and budget activity and recent and
ongoing advocacy efforts and provide feedback to staff. (Staff contact: Jason Haber, City
Manager Department)
City Manager's Recommendation: Receive the presentation, provide input and adopt the
resolutions.
Intergovernmental Affairs Director Jason Haber and Assistant City Attorney Cindie McMahon
presented the report.
Intergovernmental Affairs Director Haber summarized the changes and deletions to the
legislative platform and the resolutions at hand.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution Nos. 2021-058 and 2021-059 with an amendment to Resolution No. 2021-059 to
the 2021 Legislative Platform Priority No. 1, changing the phrase "COVID-19 Pandemic
Economic Relief and Employee Health" to "COVID-19 Pandemic, Economic Relief and
Recovery." Motion carried unanimously, 5/0.
Intergovernmental Affairs Director Haber introduced Director of Government Affairs Sharon
Gonsalves and Managing Director of Government Affairs Dane Hutchings, the city's
consultants from Renne Public Policy Group, who reviewed a PowerPoint presentation (on
file in the Office of the City Clerk).
City Council received the presentation.
9. AGREEMENT WITH EMERGENCY VEHICLE SYSTEMS, LLC FOR POLICE VEHICLE OUTFITTING
SERVICES — Adoption of Resolution No. 2021-060 authorizing execution of an agreement
with Emergency Vehicle Systems, LLC for police vehicle outfitting services in an amount not
to exceed $378,724 for the first agreement year of a three-year agreement. (Staff contact:
Bradley North up, Public Works)
City Manager's Recommendation: Adopt the resolution.
March 16, 2021 Carlsbad City Council Regular Meeting Page 7
Motion by Mayor Pro Tern Blackburn, second by Council Member Bhat-Patel, to adopt
Resolution No. 2021-060. Motion carried unanimously, 5/0.
Mayor Hall left the meeting at 6:36 p.m.
10.EXPANSION OF THE PARKS & RECREATION DEPARTMENT MEMORIAL PROGRAM —Adoption
of Resolution No. 2021-061 approving the expansion of the City Council adopted Parks &
Recreation Department Memorial Program and appropriating $40,000 from the General
Fund to the Parks Maintenance Operating Budget in the current fiscal year 2020-21. (Staff
contact: Kyle Lancaster, Parks & Recreation)
City Manager's Recommendation: Adopt the resolution.
Parks & Recreation Director Kyle Lancaster and Cultural Arts Manager Richard Schultz
presented the report and reviewed a PowerPoint presentation (on file in the Office of the
City Clerk).
The following individuals called into the City Council Meeting and voiced their comment for
the record:
Joanna Munday thanked the City Council for the expansion of the Memorial Program and
expressed the importance of memorializing community members such as her son Jack.
Council Member Schumacher thanked staff for their responsiveness through this process.
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to adopt
Resolution No. 2021-061. Motion carried unanimously, 4/0/1.
Mayor Hall moved this item to be heard before Item No. 5
11.MAYORAL APPOINTMENTS OF TWO MEMBERS TO THE ARTS COMMISSION — 1) Adoption of
a resolution appointing one member to the Arts Commission; and
2) Adoption of a resolution appointing one member to the Arts Commission. (Staff contact:
Tammy McMinn, City Clerks Department)
City Manager's Recommendation: Adopt the resolutions.
COUNCIL REPORTS AND COMMENTS:
Mayor Hall and the City Council Members reported on activities and meetings of some
committees and subcommittees of which they are members.
Council Member Schumacher announced that the Buena Vista Lagoon Joint Powers Committee
has been brought back.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
March 16, 2021 Carlsbad City Council Regular Meeting Page 8
CITY CLERK COMMENTS: City Clerk Barbara Engleson thanked Council Member Schumacher for
her kind comments.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Pro Tem Blackburn adjourned the duly noticed meeting at 7:03 p.m.
)91d21(.,
Tamara R. McMinn CPMC, CMC
Senior Deputy City Clerk