HomeMy WebLinkAbout2021-10-19; 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/residents/communication/city-
tv-channel
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/95848017253
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: 958 4801 7253. 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. 19, 2021, 3 p.m.
Oct. 19, 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: 3:00 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: None.
PRESENTATIONS:
Proclamation in Recognition of Community Planning Month
Proclamation in Recognition of Startup Month
Proclamation in Recognition of Red Ribbon Week
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: 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, 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 non-agenda public
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. AWARD OF CONTRACT TO RAL INVESTMENT CORPORATION FOR THE POLICE AND FIRE
HEADQUARTERS RENOVATION PROJECT, CIP PROJECT NO. 4715 – Adoption of a resolution
accepting bids received, authorizing award of a contract to RAL Investment Corporation, a
California Corporation, DBA Silverstrand Construction, Inc., for the Police and Fire Headquarters
Renovation Project, authorizing additional appropriation and denying a bid protest for the project.
(Staff contact: Steven Stewart, Public Works and Mickey Williams, Police Department)
ACTION: Adopted Resolution No. 2021-236 – 5/0.
Oct. 19, 2021 Page 3
2. AGREEMENT WITH DESIGN PATH STUDIO, LLC FOR A PERMIT-READY ACCESSORY DWELLING UNIT
PROGRAM – Adoption of a resolution approving a professional services agreement with Design
Path Studio, LLC to prepare the city’s permit-ready accessory dwelling unit program and
appropriate $120,000 to the General Fund to implement the program in fiscal year 2021-22 (Case
Name: Permit-Ready Accessory Dwelling Unit Program; Case No.: ZCA 2021-003). (Staff contact:
Shelley Glennon, Community Development)
ACTION: Adopted Resolution No. 2021-237 – 5/0.
3. AGREEMENT WITH MAN K-9 FOR MAINTENANCE TRAINING – Adoption of a resolution approving
the agreement for maintenance training in patrol and narcotic detection services with ManK9, Inc.
(Staff contact: Cindy Anderson, Police Department and Allegra Frost, City Attorney Department)
ACTION: Adopted Resolution No. 2021-238 – 5/0.
4. APPROVAL OF THE 2022 REGULAR CITY COUNCIL MEETING CALENDAR – Adoption of a resolution
approving the 2022 Regular City Council Meeting Calendar. (Staff contact: Faviola Medina, City
Clerk Department)
ACTION: Adopted Resolution No. 2021-239 with amendment to meeting start time to begin at 5
p.m. (see minutes for details) – 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
5. ADOPTION OF ORDINANCE NO. CS-406 – LOCAL COASTAL PROGRAM UPDATE – Adoption of
Ordinance No. CS-406 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: Faviola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt the ordinance.
ACTION: Adopted Ordinance No. CS-406 – 3/2 (Bhat-Patel, Acosta – No).
PUBLIC HEARING:
6. CITY OF CARLSBAD PERMITS NEEDED FOR THE INNS AT BUENA VISTA CREEK, A NEW HOTEL
DEVELOPMENT PROJECT LOCATED IN THE CITY OF OCEANSIDE – 1) Introduce an ordinance
approving amendments to the citywide zoning and local coastal program zoning maps to modify
the zoning designations on a 2.66-acre parcel to allow a zone change from General Commercial
(C-2) to Open Space (OS), and a local coastal program zone change from General Commercial (C-
2) to Open Space (OS) to correspond with a proposed wetland buffer/habitat restoration area for
an approved hotel development project in the city of Oceanside along Carlsbad’s northern border
generally located south of State Route 78 and east of Jefferson Street within the Mello II segment
of the Local Coastal Program and Local Facilities Management Zone 1 (Case Name: Inns at Buena
Vista Creek; Case No: ZC 14-03/LCPA 14-05 (DEV14058)); and
Oct. 19, 2021 Page 4
2) Adoption of a resolution approving a General Plan Amendment and Local Coastal Program
Amendment to change the General Plan and Local Coastal Program land use designations on a
2.66-acre parcel from Regional Commercial (R) to Open Space (OS), and a minor site development
plan, floodplain special use permit, habitat management plan permit and minor subdivision to 1)
subdivide a 2.66 acre parcel into two Open Space parcels to correspond with a proposed habitat
restoration/wetland buffer area; 2) allow for fire/maintenance/pedestrian access; realignment of
an existing storm drain line; improvements to an existing storm drain outlet; realignment of an
existing sewer line, addition of a new water service line; and minor grading within the 100-year
floodplain; 3) allow for minor improvements to the Shoppes at Carlsbad ring road and parking lot;
and 4) allow for the incidental take of species of concern in association with development of an
approved hotel project in the city of Oceanside along Carlsbad’s northern border generally located
south of State Route 78 and east of Jefferson Street within the Mello II segment of the Local
Coastal Program and Local Facilities Management Zone 1 (Case Name: Inns at Buena Vista Creek;
Case Nos.: GPA 14-05/LCPA 14-05/SDP 14-14/SUP 14-05/HMP 14-03/MS 14-12 (DEV14058)).
(staff contact: Jason Goff, 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-407 and adopted Resolution No. 2021-240 – 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. AGREEMENT AND DESIGN REVIEW CHARTER FOR THE VILLAGE AND BARRIO MASTER PLAN
OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING PROCESS – Adoption of a
resolution approving a professional services agreement with AVRP Studios, Inc. to prepare
objective design standards and procedures to streamline the permitting process for multifamily
housing and mixed-use development projects within the Village and Barrio Master Plan area,
approving a charter for a Design Review Committee to review and provide recommendations on
the draft objective design standards; and appropriating grant funding of $160,000 to the General
Fund to implement the project in fiscal year 2021-2022. (Staff contact: Shelley Glennon,
Community Development)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2021-241 (see minutes for details) – 4/0/1 (Hall – Absent).
8. INFORMATION ON THE MILLS ACT – Receive an informational presentation on the purpose of the
Mills Act and provide direction to staff as appropriate. (Staff contact: Mike Strong, Community
Development)
City Manager’s Recommendation: Receive the presentation.
ACTION: Council received the report. Minute Motion by Council Member Norby, seconded
by Council Member Bhat-Patel, directing staff to prepare a Mills Act Program for City Council
consideration at a date to be determined – 5/0.
9. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC
MEETINGS ON NOV. 1, 2021 – Discuss how to proceed with public meetings until Nov. 18, 2021
Oct. 19, 2021 Page 5
and take one of the following actions: 1) Consider adoption of a resolution making findings to
authorize the continuation of virtual public meetings until Nov. 18, 2021; or
2) Direct staff to resume in-person public meetings beginning Nov. 1, 2021. (Staff contact: Sheila
Cobian, City Manager’s Department)
City Manager’s Recommendation: Discuss how to proceed and consider options.
ACTION: Adopted Resolution No. 2021-242 – 4/1 (Hall – No).
10. DISCUSSION AND DIRECTION ON A CITYWIDE DATA POLICY AND PROGRAM – 1) Receive a report
and discuss options regarding a citywide data policy and program; and
2) Adopt a resolution authorizing the City Manager to implement a citywide data policy and
program. (Staff contact: David Graham and David Van Gilluwe, Administrative Services
Department)
City Manager’s Recommendation: Receive the report, discuss options and adopt the
resolution.
ACTION: Council received the report. Adopted Resolution No. 2021-243 (see minutes for
details) – 5/0.
11. UPDATE ON CRIME STATISTICS AND POLICE DEPARTMENT’S RESPONSE TO CRIME TRENDS –
Receive update from the police department regarding crime statistics, crime trends, and
enforcement strategies. (Staff contact: Cindy Anderson and Christie Calderwood, Police
Department)
City Manager’s Recommendation: Receive the update.
ACTION: Council received the update.
12. THE FUTURE OF SHARED MOBILITY DEVICES IN CARLSBAD – Provide direction to staff on the future
of shared mobility devices in the city. (Staff contact: Edd Alberto and Tom Frank, Public Works
Department)
City Manager’s Recommendation: Provide staff with direction.
ACTION: Minute Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-
Patel, directing staff to return to City Council in a year to review the City of Encinitas’ E-Bike
Share Program, and directing staff to work with existing businesses and the public to increase
the safety, parking and useability of e-bikes and scooters – 5/0.
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
Oct. 19, 2021 Page 6
Keith Blackburn
Mayor Pro Tem – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
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: 7:13 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 before the meeting. The
Oct. 19, 2021 Page 7
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.