HomeMy WebLinkAbout2021-10-12; City Council; MinutesCITY COUNCIL
Minutes
Oct. 12, 2021, 3 p.m.
CALL TO ORDER: 3:01 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: Closed Session was continued until
after the adjournment of the Regular Meeting. City Attorney Celia Brewer announced that there
was no reportable action taken in Closed Session.
APPROVAL OF MINUTES:
Minutes ofthe Regular Meeting held Aug. 17, 2021
Minutes ofthe Regular Meeting held Aug. 31, 2021
Minutes of the Special Meeting held Sept. 14, 2021
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the
minutes as presented. Motion carried, 5/0, with the exception of the Regular Meeting held Aug.
17, 2021, motion carried 4/1 (Norby-Abstain).
PRESENTATIONS:
Proclamation in Recognition of Arts & Humanities Month
Council Member Acosta presented the proclamation. Library & Cultural Arts Director Suzanne
Smithson said a few words
Proclamation in Recognition of the Retirement of Mike Grim
Council Member Bhat-Patel presented the proclamation. Senior Program Manager Mike Grim
said a few words.
PUBLIC COMMENT:
The following individual called into the City Council Meeting and voiced their comment for the
record:
A speaker expressed her concern with a link on the city website.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 through 4. Motion carried unanimously, 5/0.
Oct. 12, 2021 Carlsbad City Council Regular Meeting Page 2
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)
2. ACQUISITION OF 2674 ALAMEDA CIRCLE, AN AFFORDABLE HOUSING RESALE UNIT -Adoption
of Resolution No. 2021-230 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)
3. PURCHASE OF TWO AFFORDABLE HOUSING CREDITS FOR OCEAN VIEW POINT -Adoption of
Resolution No. 2021-231 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)
4. MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL DISTRICT FOR
EXCLUSIVE USE OF THE MONROE STREET POOL DURING DEFINED HOURS -Adoption of
Resolution No. 2021-232 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)
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE 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.
City Attorney Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Priya Bhat-Patel, to
adopt Ordinance No. CS-404. Motion carried unanimously, 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.
City Attorney Brewer titled the ordinance.
Oct. 12, 2021 Carlsbad City Council Regular Meeting Page 3
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Priya Bhat-Patel, to
adopt Ordinance No. CS-405. Motion carried unanimously, 5/0
PUBLIC HEARINGS:
7. LOCAL COASTAL PROGRAM COMPREHENSIVE UPDATE-1) Adoption of Resolution No. 2021-
233 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 (DEV15061)}; and
2) Introduction of Ordinance 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 forconsistencywith 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.
Senior Planner Jennifer Jesser and Community Development Director Jeff Murphy 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 3:52 p.m.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Representative of Smart Coast California Don Schmitz, representing a group {Lynette
Cervantes, Diana Springer, Ryan Maxson, Adrian Thein-Sandler and Carla Farley) gave a
presentation in support of the Carlsbad Local Coastal Program {LCP} Amendment.
Fahad Shafiri expressed his concerns on the LCP changes proposed for Ponto.
Rich G. expressed his concerns regarding the barren fenced area at Ponto.
Jane Haskavich expressed her concern over the lack of parks south of Palomar Airport Road in
southwest Carlsbad.
Lee Ando/in expressed his concern over the impacts of the LCP update.
Kris Wright expressed her concern over the LCP update and requested that the planners
rewrite the plan to exclude a mall in this segment.
Colleen Mickey requested that the City Council leave the Ponto area as non-residential reserve
and use the land for a coastal park.
Oct. 12, 2021 Carlsbad City Council Regular Meeting Page4
Andrew Diaz requested the Ponto area be protected and made into a coastal park.
Hope Nelson gave a brief history of development voted down within Carlsbad and expressed
her support to preserve natural open space.
Michele Staples, attorney for Ponto property, spoke on the approved land use of the Ponto
area, the protection of the land owner's rights and the eminent domain process.
Vanessa Forsythe expressed her concern that residents will be losing the ability to have a
coastal park in southwest Carlsbad.
Lance Schulte expressed his concerns over Michele Staples' earlier comments.
Sam Ward requested that no action be taken, return the item to staff for revisions and
expressed that she does not support the proposed changes to the Ponto area.
Shirley Hudson requested that the City Council not make any changes to the LCP.
A caller requested that the City Council keep the LCP as is and not allow high density so that a
park can be developed.
Una Davis expressed the need for a park in southwest Carlsbad and expressed her support to
preserve the open space.
A speaker expressed her support for the Ponto area to be preserved as open space and as a
coastal park.
Jim Burke advocated for n_o change to the LCP and Planning Area F.
Steven Goddard requested that Carlsbad's low density be maintained and not cover the beach
with high density development.
Gary Goff expressed his concerns with the high density development in Planning Area F.
Owen expressed his concerns with high density.
Mayor Hall called for a recess at 4:56 p.m.
Mayor Hall reconvened the meeting at 5:05 p.m.
Mayor Hall closed the duly noticed public hearing at 5:06 p.m.
In response to Council Member Bhat-Patel's inquiry, Principal Planner Lardy listed the existing
land use and zoning designations as follows: the Strawberry Field site would be changed from
Oct. 12, 2021 Carlsbad City Council Regular Meeting Page 5
TC to VC in the land use plan; the Power Plant Site is proposed as VC and open space
designation; and the Ponto site would be changed to combination commercial and land use.
In response to Council Member Bhat-Patel's inquiry, Senior Planner Jesser explained the
timeline of community outreach including a multi-year effort to determine the land use plan
for the city. She added that there were two sea level rise assessment workshops and
performed outreach to all property owners vulnerable to sea level rise. Senior Planner Jesser
also explained that the Draft Land Use Plan was released for review to the community in
October 2019 where the community submitted a significant number of impacts, as well as a
workshop in October 2019 to share and introduce the plan to the community, then attended
community groups to inform them about the plan and answer questions.
Community Development Director Murphy explained that community questions around the
Ponto area were addressed with a staff report in January 2021 with a follow-up meeting in
July 2021 covering the same types of comments and issues.
In response to Council Member Bhat-Patel's inquiry regarding finding a way to mitigate
mistrust with the community with education opportunities around the Ponto issues, City
Manager Chadwick explained that staff would need to bring back the costs associated with
additional outreach if that was the City Council's direction.
In response to Council Member Bhat-Patel's inquiry, Community Development Director
Murphy explained that with the realignment of Carlsbad Blvd., there would be over 60 acres
of city-owned land that would be available for open space, recreational park space and a
number of different use types, and staff would go out to the community early next year to
see what they would like to see in that space.
In response to Council Member Bhat-Patel's inquiry, Principal Planner Lardy explained that
the retail spaces at the Agua Hedionda location could range from commercial and open space
and could include hotels and visitor service uses, but residential uses would not be allowed.
Community Development Director Murphy added that just because the change has been
made to reconcile with the General Plan, it does not entitle the property owner to build hotels
in that location. He explained that the applicant would be required to follow the public
review process and it would be required to go to the City Council for approval. Deputy City
Manager Barberio also added that it would be required to be approved by the Coastal
Commission as well.
In response to Council Member Norby's inquiry about the public comments related to a los_s
of 62 acres due to sea level rise, Principal Planner Lardy explained that the city's documents
do not specify a 62 acre impact but do show a map that includes facilities and areas that are
at risk to sea level rise and bluff top erosion and does not impact the right-of-way areas of
Carlsbad Blvd. that are available for other use based on current projections.
Oct. 12, 2021 Carlsbad City Council Regular Meeting Page 6
In response to Council Member Acosta's inquiry, Associate Planner Jesser explained that staff
worked with the Coastal Commission throughout the entire process and outlined the changes
that the Coastal Commission requested in her presentation.
In response to Council Member Acosta's inquiry, Parks & Recreation Director Lancaster
explained that park allocation was determined by the 1986 Growth Management Plan and by
previous Council that because of the central location and regional amenities of a park at
Veterans, it would be counted in equal proportion to all four quadrants and the Southwest
Quadrant would no longer be in deficit.
In response to Council Member Acosta's inquiry, Community Development Director Murphy
outlined the challenges the city has faced in making the Ponto area a park, including that the
owner is not willing to sell the land at this time and already has an active SB330 application
in process and under state law they are entitled to process the application under the current
zoning at the time the application was submitted.
City Attorney Brewer added that the Ponto property could be acquired through eminent
domain by the city but the requirements state that the property can be taken for a public
necessity and the city is required to pay just compensation and there are strict restraints to
go through that process.
In response to Mayor Pro Tern Blackburn's statement, Principal Planner Lardy agreed that the
whole purpose of the LCP amendment is simply to be consistent with the General Plan and
not intended to change any land use designations.
Council Member Acosta is supportive of providing the community with additional outreach
and Option No. 4. ·
Council Member Norby is supportive of staff recommendation Option No. 1.
Council Member Bhat-Patel is supportive of the open space, parks and more options for
middle income housing, and maintaining the charm of Carlsbad. She is supportive of Option
No. 3 to provide additional outreach.
Mayor Pro Tern Blackburn is supportive of Option No. 1.
Mayor Hall is supportive of Option No. 1.
Council Member Bhat-Patel stated for the record that she will be voting no for Option No. 1
as she preferred Option No. 3.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Council Member Norby,
to adopt Resolution No. 2021-233 including Option No. 1 and introduce Ordinance No. CS-
406.
Oct. 12, 2021 Carlsbad City Council Regular Meeting Page7
Community Development Director Murphy requested clarification ofthe motion. Mayor Pro
Tern Blackburn added staff's additional recommended changes relative to the SDG&E site and
the policy on the Carlsbad Blvd. alignment.
City Attorney Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Council Member Norby,
to adopt Resolution No. 2021-233 including Option No. 1 and introduce Ordinance No. CS-
406. Motion carried, 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
Resolution No. 2021-234 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 Resolution No. 2021-235 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.
Housing & Homeless Services Director Mandy Mills presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
The applicants Jay Stark and Darren Botrowsky from USA Properties Fund, Inc. 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 Nos. 2021-234 and 2021-235. Motion carried unanimously, 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.
Mayor Hall left the meeting due to a potential conflict of interest at 6:57 p.m.
Library & Cultural Arts Director Suzanne Smithson and Cultural Arts Manager Richard Schultz
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
City Council received the presentation.
Motion by Council Member Norby, seconded by Council Member Bhat-Patel, to adopt Option
Nos. 1, 2, and 3. Motion carried, 4/0/1 (Hall -Abstain).
Oct. 12, 2021 Carlsbad City Council Regular Meeting Page 8
Mayor Hall rejoined the meeting at 7:18 p.m.
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 Bhat-Patel arinounced that she was named the Vice Chair of the Transportation,
Communications and Public Works Committee for Cal Cities and the Vice Chair for the San Diego
Division of the League of California Cities.
ANNOUNCEMENTS:
Thursday, Oct. 14, 2021-11:30 a.m. -2 p.m.
Carlsbad Chamber of Commerce Business, Achievement and
Distinction Awards
Westin Carlsbad Resort & Spa
5480 Grand Pacific Dr.
Carlsbad, CA
Saturday, Oct. 16, 2021-11:30 a.m.
Agua Hedionda Lagoon Foundation Raptor Ridge Reveal
Agua Hedionda Lagoon Foundation Discovery Center
1580 Cannon Rd.
Carlsbad, CA
CITY MANAGER COMMENTS:· City Manager Chadwick announced that City Council will adjourn
from this meeting and readjourn into the Closed Session from earlier this afternoon.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 7:30 p.m. to the
continuation of the Special Meeting.
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Tamara R. McMinn, CPMC, CMC
Senior Deputy City Clerk