HomeMy WebLinkAbout2021-05-04; City Council; MinutesCITY COUNCIL
Minutes
May 4, 2021, 3 p.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced the City Council is
serving as the Carlsbad Municipal Water District Board of Directors on Departmental and City
Manager Report Item No. 8.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
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
Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the
minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS:
Proclamation in Recognition of Water Safety Month
Council Member Acosta read the proclamation and said a few words. Paramedic Lifeguard
Lieutenant Mike Burke also said a few words.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
PUBLIC COMMENT:
The following individuals called into the City Council Meeting and voiced their comments for the
record:
Owner of Phoenix Sports Douglas Goldfein spoke on the need to reevaluate the Parks & Recreation
fee structure for non-profit and for-profit park usage rental for sports activities.
Charles Lehr advocated for a return to in-person City Council meetings. He also advocated for the
removal of Site 13 for the Housing Element Plan.
May 4, 2021 Carlsbad City Council Regular Meeting Page 2
Ellie Arkans recommended placing an item discussing a hybrid model of in-person and Zoom City
Council meetings at a new start time of 5:00 p.m. on the next City Council agenda.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 and 3. Motion carried unanimously, 5/0.
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)
This item was returned to staff.
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. 4 Addition, CIP No. 4740. (Staff contact: Steven Stewart, Public Works and
Michael Calderwood, Fire)
3.PURCHASE AND SALE AGREEMENT FOR CITY-OWNED PROPERTY LOCATED ON PAJAMA DRIVE
IN OCEANSIDE (APN 149-070-47-00) — Adoption of Resolution No. 2021-096 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)
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION: None.
PUBLIC HEARINGS:
4.WEST OAKS WAY — 1) Introduction of Ordinance No. CS-397 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 II 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 Resolution No. 2021-097 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
May 4, 2021 Carlsbad City Council Regular Meeting Page 3
a 12.53-acre site from Planned Industrial (P1) 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 II 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.
Principal Planner Cliff Jones presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
Council Member Acosta discussed her ex parte disclosures with meeting with the applicant
representative Greg Waite on April 15, 2021 for 15 minutes.
Council Member Bhat-Patel discussed her ex parte disclosures with meeting the applicant at
an event years ago. She also disclosed receiving an e-mail from the applicant representative
Waite on August 31, 2020 regarding the project.
Council Member Blackburn discussed his ex parte disclosures with meeting with the applicant
a month ago.
Council Member Schumacher discussed her ex parte disclosures with meeting with the
applicant a few years ago.
Mayor Hall opened the duly noticed Public Hearing at 3:29 p.m.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Diane Nygaard representing Preserve Calavera highlighted some inconsistencies regarding
Transportation Demand Management (TDM) and parking requirements she found in the staff
report and project details.
Steve Linke spoke about deficiencies in the project's proposed unbundled parking program,
car-sharing program, the Neighborhood Electric Vehicle Network (NEV) and Vehicle Miles
Traveled (VMT) reduction.
May 4, 2021 Carlsbad City Council Regular Meeting Page 4
Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at
3:35 p.m.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-397 and adopt Resolution No. 2021-097. Motion carried unanimously, 5/0.
5. 2690 ROOSEVELT STREET—Adoption of Resolution No. 2021-098 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; 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.
Principal Planner Cliff Jones and Director of Design and Construction of Kitchell Development
Company Marne Bouillon 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 3:55 p.m.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:55
p.m.
In response to an inquiry from Council Member Schumacher, Director of Design and
Construction of Kitchell Development Company Bouillon explained that he met with the
neighbors of the site and found no privacy concerns.
In response to an inquiry from Council Member Schumacher, Director of Design and
Construction of Kitchell Development Company Bouillon explained that they are seeking
more parking space than required for the project and putting photovoltaics on the roof of the
project.
In response to an inquiry from Council Member Schumacher, Director of Design and
Construction of Kitchell Development Company Bouillon explained that their development
team would agree to stipulate that staff not apply Planning Policy No. 35 to the architectural
design.
Motion by Council Member Schumacher, seconded by Mayor Pro Tem Blackburn, to adopt
and amend Resolution No. 2021-098 to stipulate that staff not apply Planning Policy No. 35
to the architectural design. Motion carried unanimously, 5/0.
May 4, 2021 Carlsbad City Council Regular Meeting Page 5
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.
Assistant City Attorney Cindie McMahon explained the order of proceedings for the public
hearing.
Deputy City Manager Laura Rocha, Finance Manager Cheryl Gerhardt and Assistant City
Attorney McMahon presented the report and reviewed a PowerPoint presentation (on file in
the Office of the City Clerk).
Council Member Acosta discussed her ex parte disclosures as hiving received a phone call
from Charles Moll, Ill representing TaylorMade Golf and Callaway Golf on April 26, 2021. She
explained they spoke for less than 15 minutes and he gave her an overview of his client's
position.
Mayor Hall opened the duly noticed Public Hearing at 4:13 p.m.
Partner at McDermott Will & Emery, Charles Moll, Ill representing TaylorMade Golf and
Callaway Golf gave his joint opening presentation.
Partner at Jarvis Fay & Gibson, LLP, and Counsel to the City of Carlsbad staff Ben Fay gave his
response.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
President and CEO of North San Diego Business Chamber Debra Rosen recommended that the
City Council work with TaylorMade Golf and Callaway Golf to come up with a new equitable
tax policy for all organizations that operate in the City of Carlsbad. She also recommended
that the City Council reject the current tax policy.
President and CEO of the Carlsbad Chamber of Commerce Bret Schanzenbach recommended
that the City Council void Administrative Order No. 81 tax policy and return to the previous
tax policy used.
May 4, 2021 Carlsbad City Council Regular Meeting Page 6
Chair of the Board for the Carlsbad Chamber of Commerce Catherine Magana recommended
that business taxes be based on gross receipts and for the City Council to find a way to work
with top companies in the city to come up with a new tax policy.
Senior Manager of Economic Development and Advocacy for the North San Diego Business
Chamber Dylan Fisher recommended that the City Council reconsider their current tax policy
and work with businesses to come up with a new equitable tax policy for all organizations that
operate in the City of Carlsbad.
In response to an inquiry from Council Member Bhat-Patel, Assistant City Attorney McMahon
explained that the current tax policy was incorporated through Administrative Order No. 81
on January 2019.
In response to an inquiry from Council Member Bhat-Patel, Finance Manager Gerhardt
explained that no other business has raised concerns over the current tax policy nor is
another business delinquent due to the tax policy.
In response to an inquiry from Council Member Bhat-Patel, Assistant City Attorney McMahon
explained that general fund taxes are subjected to Proposition 218 and that a change in tax
methodology would require a vote of the people.
In response to an inquiry from Mayor Pro Tern Blackburn, Finance Manager Gerhardt
explained that there is only a handful of businesses that have an apportionment applied to
their business license tax.
In response to an inquiry from Mayor Pro Tern Blackburn, Partner Fay explained that the
current tax formula has been approved for use by the United States Supreme Court and the
California Supreme Court.
In response to an inquiry from Council Member Acosta, Partner Fay explained that the current
tax policy is meant to have a standard amongst all businesses and the City of Carlsbad does
work with business individually to find an appropriate tax format.
In response to an inquiry from Mayor Hall, Deputy City Manager Rocha explained that the
apportionment formula was developed to find a compromise between the City of Carlsbad,
TaylorMade Golf and Callaway Golf that was legal under the Constitution and worked in
accordance with the city's municipal ordinance for business license tax collection without
having to change the ordinance or change by a vote of the people. She also added that the
tax is for large corporations or businesses that have sales activity outside the City of Carlsbad
and staff felt it was a fair and legal method to apply rather than using the total of gross
receipts which would have made tax for TaylorMade Golf and Calloway Golf significantly
higher.
May 4, 2021 Carlsbad City Council Regular Meeting Page 7
Partner Moll, Ill representing TaylorMade Golf and Callaway Golf and Vice President &
General Counsel and Chief Ethics Officer Sarah Kim at Callaway Golf gave their joint closing
presentation.
Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing for
TaylorMade Golf at 5:19 p.m.
Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing for
Callaway Golf at 5:26 p.m.
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 for
TaylorMade Golf. Motion carried, 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. Motion carried unanimously,
5/0.
Motion by Mayor Pro Tem 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 for Callaway
Golf. Motion carried, 4/1 (Hall — No).
Assistant City Attorney McMahon explained that staff will bring back resolutions that
memorialize City Council's decisions on this item for City Council approval.
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.
Assistant Director of Emergency Services David Harrison, Deputy City Manager Gary
Barberio, Parks & Recreation Director Kyle Lancaster, Community & Economic Development
Director Jeff Murphy, Assistant Police Chief Mickey Williams, Senior Program Manager Holly
Nelson, Fire Department Chief Michael Calderwood, Chief Innovation Officer David Graham
and Deputy City Manager Laura Rocha presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Council received the report.
May 4, 2021 Carlsbad City Council Regular Meeting Page 8
City Manager Scott Chadwick inquired the City Council if they would like to continue this item
on a regular basis or have the item sunset.
The City Council offered to make some modifications to the reporting.
City Manager Chadwick explained that a condensed modified version of the reporting will
continue until further notice.
In response to an inquiry from Mayor Hall, Senior Program Manager Nelson explained that
three different non-profit organizations that serve different populations do offer housing
vouchers for use in the City of Carlsbad.
In response to an inquiry from Mayor Hall, Senior Program Manager Nelson explained that
chronic homelessness is defined by the length of homelessness and if someone has a
disability. She added that chronic homelessness is also someone who is homeless for an
episode of 12 months or longer or has had three or more episodes in a total of four years and
has a disability whether it is mental health, physical health or substance use.
In response to an inquiry from Mayor Hall, City Manager Chadwick explained that the City of
Carlsbad is following orders from the County with regard to a safe reopening and a return to
in-person meetings. He added that he anticipates returning to in-person meetings sometime
in June, but it is subject to change. He also added that he anticipates having the first few
meetings at the Faraday building to exercise proper social distancing.
In response to an inquiry from Council Member Bhat-Patel, City Attorney Brewer explained
that the City Council is able to meet in an online virtual format because of modifications made
to the Brown Act under the Governors emergency orders. She added that if the emergency
orders were lifted then the City Council would not be able to resume an online virtual format
as it would revert back to the original format under the Brown Act. She further explained that
there is however, pending legislation that would allow for a hybrid format of online and in-
person public meetings.
8. FINANCIAL ASSISTANCE UPDATE FOR CUSTOMER WATER BILLS — Adoption of Carlsbad
Municipal Water District Resolution No. 1652 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 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.
May 4, 2021 Carlsbad City Council Regular Meeting Page 9
Utilities Director Vicki Quiram and Meter Services Supervisor Mario Remillard presented the
report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry by Council Member Acosta, Utilities Director Quiram explained that
the Finance department is sending letters to customers who have past due amounts and they
are encouraging those customers to work with the City of Carlsbad to establish payment plans
or utilize other resources.
Motion by Mayor Pro Tern Blackburn, second by Council Member Bhat-Patel, to adopt CMWD
Resolution No. 1652. Motion carried unanimously, 5/0.
9.UPDATE ON CONSTRUCTION COSTS AND PROJECT SCHEDULE ASSOCIATED WITH BUENA
VISTA RESERVOIR PARK — Adoption of Resolution No. 2021-099 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.
Parks & Recreation Director Kyle Lancaster presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-099. Motion carried unanimously, 5/0.
10.WORK PLANS AND FUNDING AUTHORIZATIONS TO ACHIEVE THE CITY COUNCIL GOALS
1)Adoption of Resolution No. 2021-100 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 Resolution No. 2021-101 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.
Intergovernmental Affairs Director Jason Haber presented the report.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-100. Motion carried unanimously, 5/0.
May 4, 2021 Carlsbad City Council Regular Meeting Page 10
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-101. Motion carried, 4/1 (Hall — No).
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.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 7:05 p.m.
Hector Gomez
Deputy City Clerk