HomeMy WebLinkAbout2021-10-12; City Council; Agendas
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).
Virtual Meeting
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
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
City cable channel
Charter Spectrum channel 24
AT&T U-verse channel 99.
City website
carlsbadca.gov/news/citytv.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
• Join from a PC, Mac, iPad, iPhone or Android device: https://carlsbadca.zoom.us/j/94723259254
o Join using “Computer Audio”
o Raise your hand when the Clerk calls for speakers for the item you wish to comment on.
o Unmute yourself when called on by the Clerk.
• By phone: Call: (213) 338 – 8477 and enter Meeting ID: 947 2325 9254. Press # for Participant ID.
o Press *9 when the Clerk calls for speakers for the item you wish to comment on.
o The Clerk will then call on the last four numbers of your telephone number.
o Press *6 to unmute yourself to speak.
• 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 IS 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.
Oct. 12, 2021, 3 p.m.
Oct. 12, 2021 Page 2
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.
CALL TO ORDER: 3:01 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Aug. 17, 2021
Minutes of the Regular Meeting held Aug. 31, 2021
Minutes of the Special Meeting held Sept. 14, 2021
ACTION: Approved Minutes of the Regular Meeting held Aug. 17, 2021 as presented – 4/0/1 (Norby –
Abstain). Approved Minutes of the Regular Meeting held Aug. 31, 2021 and Minutes of the Special
Meeting held Sept. 14, 2021 as presented – 5/0.
PRESENTATIONS:
Proclamation in Recognition of Arts & Humanities Month
Proclamation in Recognition of the Retirement of Mike Grim
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Closed session was continued to after the
regular meeting. Closed session resumed at 7:32 p.m. No reportable action.
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 AUG. 31, 2021 – Accept and file Report on City Investments
as of Aug. 31, 2021. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services
Department)
ACTION: Council received the report.
Oct. 12, 2021 Page 3
2. ACQUISITION OF 2674 ALAMEDA CIRCLE, AN AFFORDABLE HOUSING RESALE UNIT – Adoption of a
resolution authorizing the City Manager to execute all required documents and appropriating
$305,000 in Community Development Block Grant Funds for the purchase of an affordable housing
unit at 2674 Alameda Circle. (Staff contact: Allen Edwards, Housing & Homeless Services)
ACTION: Adopted Resolution No. 2021-230 – 5/0.
3. PURCHASE OF TWO AFFORDABLE HOUSING CREDITS FOR OCEAN VIEW POINT – Adoption of a
resolution authorizing the purchase of two affordable housing credits and approval of an
affordable housing agreement to satisfy the inclusionary housing requirement for the Ocean View
Point Project. (Staff contact: Mandy Mills, Housing & Homeless Services)
ACTION: Adopted Resolution No. 2021-231 – 5/0.
4. MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL DISTRICT FOR
EXCLUSIVE USE OF THE MONROE STREET POOL DURING DEFINED HOURS – Adopt a resolution
authorizing the City Manager to execute a memorandum of understanding between the City of
Carlsbad and the Carlsbad Unified School District for exclusive use of the Monroe Street Pool
during the defined hours. (Staff contact: Kyle Lancaster, Parks & Recreation)
ACTION: Adopted Resolution No. 2021-232 – 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
5. ADOPTION OF ORDINANCE NO. CS-404 – CITY SERVICE TO LIST ALL POSITIONS THAT ARE
CURRENTLY UNCLASSIFIED – Adoption of Ordinance No. CS-404 amending Carlsbad Municipal
Code Section 2.44.030 – City Service. (Staff contact: Faviola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt the ordinance.
ACTION: Adopted Ordinance No. CS-404 – 5/0.
6. ADOPTION OF ORDINANCE NO. CS-405 – QUALITY OF LIFE CONCERNS REGARDING HOMELESSNESS
AND PUBLIC SPACES – Adoption of Ordinance No. CS-405 amending Title 8 of the Carlsbad
Municipal Code by amending Chapter 8.36 and Sections 8.28.050 and 8.44.040 and by adding
Chapters 8.34 and 8.38 to address quality of life concerns. (Staff contact: Faviola Medina, City
Clerk Department)
City Manager’s Recommendation: Adopt the ordinance.
ACTION: Adopted Ordinance No. CS-405 – 5/0.
PUBLIC HEARING:
7. LOCAL COASTAL PROGRAM COMPREHENSIVE UPDATE – 1) Adopt a resolution approving a
comprehensive update to the Local Coastal Program Land Use Plan and changes to the Local
Coastal Program Land Use Map (Case Name: Local Coastal Program Update; Case No.: LCPA 15-07
Oct. 12, 2021 Page 4
(DEV15061)); and
2) Introduce an ordinance adopting a Local Coastal Program Amendment consisting of a zone
change and amendments to the Poinsettia Shores Master Plan and Village and Barrio Master Plan
for consistency with the Local Coastal Program Land Use Plan update (Case Name: Local Coastal
Program Update; Case No.: LCPA 15-07/ZC 2020-0002/AMEND2020-0016 (DEV15061)/AMEND
2020-0014 (DEV08014)). (Staff contact: Jennifer Jesser, Community Development)
City Manager’s Recommendation: Take public input, close the public hearing, adopt the
resolution and introduce the ordinance.
ACTION: Adopted Resolution No. 2021-233; and
Introduced Ordinance No. CS-406 – 3/2 (Bhat-Patel, Acosta – No).
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. PROVIDE A $650,000 LOAN FOR THE MARJA ACRES SENIOR APARTMENTS – 1) Adoption of a
resolution approving a $650,000 loan from the Housing Trust Fund to USA Properties Fund for the
Marja Acres Senior Apartments Affordable Housing Project (DEV 16-038); and
2) Adoption of a resolution approving an affordable housing agreement to satisfy the inclusionary
housing requirement for the Marja Acres Development (DEV 16-038). (Staff contact: Mandy Mills,
Housing & Homeless Services)
City Manager’s Recommendation: Adopt the resolutions.
ACTION: Adopted Resolution No. 2021-234; and
Adopted Resolution No. 2021-235 – 5/0.
9. ARTS AND CULTURE DISTRICT FOR VILLAGE AND BARRIO – Receive a report on the options for an
arts and cultural district for the Village and Barrio and provide staff with direction as appropriate.
(Staff contact: Suzanne Smithson and Richard Schultz, Library & Cultural Arts)
City Manager’s Recommendation: Receive the report and provide staff with direction.
ACTION: Motion by Council Member Norby, seconded by Council Member Bhat-Patel, to
adopt Option Nos. 1, 2, and 3 – 4/0/1 (Hall – Abstain).
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
City Council Regional Assignments (Revised 7/20/21)
Matt Hall
Mayor
North County Mayors and Managers
Buena Vista Lagoon JPC
Chamber of Commerce Liaison (primary)
San Diego County Water Authority
SANDAG Board of Directors (primary)
City Council Legislative Subcommittee
Economic Development Subcommittee
Homeless Action Subcommittee
Keith Blackburn
Mayor Pro Tem – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Oct. 12, 2021 Page 5
Encina Wastewater Authority Board of Directors
SANDAG Board of Directors (2nd alternate)
SANDAG Shoreline Preservation Working Group (alternate)
Carlsbad Municipal Code and City Council Policy Update Subcommittee
Priya Bhat-Patel
Council Member – District 3
City/School Committee
Clean Energy Alliance JPA (primary)
Economic Development Subcommittee
League of California Cities – SD Division (alternate)
North County Transit District (primary)
North County Dispatch Joint Powers Authority (alternate)
SANDAG Board of Directors (1st alternate)
SANDAG Shoreline Preservation Working Group (primary)
Peder Norby
Council Member – District 1
Teresa Acosta
Council Member – District 4
Chamber of Commerce Liaison (alternate)
City Council Legislative Subcommittee
City/School Committee
Clean Energy Alliance JPA (alternate)
Encina Wastewater Authority Board of Directors (alternate)
League of California Cities – San Diego Division
North County Dispatch Joint Powers Authority
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. 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: 7:30 p.m. to the continuation of the Special Meeting.
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
Oct. 12, 2021 Page 6
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.
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.