HomeMy WebLinkAbout2021-11-16; City Council; MinutesNov.16,2021 Carlsbad City Council Regular Meeting Page 2
2. SUMMARY VACATION OF RELINQUISHED ACCESS RIGHTS OVER A PORTION OF LOT 5 OF MAP
NO. 14926 LOCATED AT 2815 CARIBOU COURT -Adoption of Resolution No. 2021-249
approving a summary vacation of relinquished access rights over a portion of Lot 5 of Map
No. 14926. (Staff contact: Emad Elias, Community Development)
3. GRANTING EASEMENTS TO SAN DIEGO GAS & ELECTRIC FOR PUBLIC UTILITY PURPOSES ON
PROPERTIES LOCATED AT 3606 HARDING STREET AND 965 OAKS AVENUE -1) Adoption of
Resolution No. 2021-250 granting an easement to San Diego Gas & Electric over a portion of
Lot 3 and 4 of Block "B" of the resubdivision of a portion of Alles Avocado Acres, according to
Map No. 2027 and generally described as 3606 Harding Street (Case Name: Harding Street
Veterans Housing; Case No.: SDP 16-12); and
2) Adoption of Resolution No. 2021-251 granting an easement to San Diego Gas and Electric
over a portion of Lot 1 of subdivision of Tracts 114 and 120 of Carlsbad land, according to
Map No. 1744 and generally described as 965 Oak Avenue (Case Name: Oak Street Veterans
· Housing; Case No.: SDP 16-13). (Staff contact: David Rick, Community Development)
This item was pulled for discussion by Council Member Acosta.
· 4. APPROVAL OF CITY COUNCIL POLICY NO. 92-EX PARTE COMMUNICATIONS AND APPROVAL
OF CITY COUNCIL CODE OF ETHICS & PUBLIC SERVICE VALUES -1) Adoption of a resolution
adopting City Council Policy No. 92 on Ex Parte Communications; and
2) Adoption of a resolution approving a City Council Code of Ethics & Public Service Values.
(Staff contact: Cindie McMahon, City Attorney's Department and Sheila Cobian, City
Manager's Department)
5. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE MAGNOLIA AVENUE STORM DRAIN
PROJECT-PHASE I, CIP NO. 6608-Adoption of Resolution No. 2021-254 approving the plans
and specifications and authorizing the City Clerk to advertise for bids for the Magnolia Avenue
Storm Drain Improvements Project -Phase I as part of the Citywide Drainage Improvement
Program. (Staff contact: Daniel Zimny, Public Works)
6. APPROVE 82 MASTER AGREEMENTS WITH CONSULTING FIRMS TO PROVIDE PROFESSIONAL
SERVICES -1) Adoption of Resolution No. 2021-255 approving 59 master agreements with
consulting firms to provide professional services; and
2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1665
approving 23 master agreements with consulting firms to provide professional services. (Staff
contact: Craddock Stropes, Public Works)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
This item was pulled for discussion by Council Member Acosta.
4. APPROVAL OF CITY COUNCIL POLICY NO. 92-EX PARTE COMMUNICATIONS AND APPROVAL
OF CITY COUNCIL CODE OF ETHICS & PUBLIC SERVICE VALUES-1) Adoption of Resolution No.
2021-252 adopting City Council Policy No. 92 on Ex Parte Communications; and
Nov.16,2021 Carlsbad City Council Regular Meeting Page 3
2) Adoption of Resolution No. 2021-253 approving a City Council Code of Ethics & Public
Service Values. (Staff contact: Cindie McMahon, City Attorney's Department and Sheila
Cobian, City Manager's Department)
Council Member Acosta proposed language changes to City Council Policy No. 92 -Ex Parte
Communications, Statement of Policy, Paragraph 6.
Assistant City Attorney Cindie McMahon reviewed the proposed changes with the City
Council. ·
The following individual called into the City Council Meeting and voiced their comment for
the record:
Deann Weimer of Citizens for North County suggested to the City Council additional changes
to the City Council Policy and Code of Ethics.
In response to the speakers concerns, City Attorney McMahon explained that the City Council
wanted to have a policy that was easy to administer and would focus on disclosures being
made when projects come to the City Council.
Motion by ·council Member Acosta, seconded by Council Member Bhat-Patel, to approve
Resolution No. 2021-252 with the following language changes to Council Policy No. 92:
Statement of Policy, Paragraph 6: "For quasi-judicial proceedings involving land use decisions,
independent site visits by a decision maker may be useful for the decision-making process. In
such cases, the site visit should be disclosed at the public hearing and, when possible, should
not occur whileeA a project-proponent eF opponent, or other interested party is present. If a
project proponent, opponent or other interested party is present during the site visit, the
substance of any communications with the party during the site visit should also be
disclosed at the public hearing'' and Resolution No. 2021-253 Motion carried unar:,imously,
5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
7. ADOPTION OF ORDINANCE NO. CS-408 -SOLID WASTE AND ORGANIC WASTE REDUCTION
REQUIREMENTS-Adoption of Ordinance No. CS-408 amending Chapter 6.08 of the Carlsbad
Municipal Code Regulating Solid Waste and 8.17 of the Carlsbad Municipal Code Regulating
Special Events. (Staff contact: Faviola Medina, City Clerk Department)
City Manager's Recommendation: Adopt the ordinance.
City Attorney Celia Brewer titled the ordinance.
Nov.16,2021 Carlsbad City Council Regular Meeting Page 4
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-408. Motion carried unanimously, 5/0.
8. ADOPTION OF ORDINANCE NO. CS-409 -INSTALL STOP SIGNS ON CEREZO DRIVE AT LOS
ROBLES DRIVE -Adoption of Ordinance No. CS-409 amending Title 10, Chapter 10.28 of the
Carlsbad Municipal Code to add Section 10.28.996 to place stop signs on Cerezo Drive at Los
Robles Drive. (Staff contact: Faviola Medina, City Clerk Department)
City Manager's Recommendation: Adopt the ordinance.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-409. Motion carried unanimously, 5/0.
9. ADOPTION OF ORDINANCE NO. CS-410-SHARED MOBILITY DEVICES-Adoption of Ordinance
No. CS-410 amending Chapter 10.60 of the Carlsbad Municipal Code regarding shared
mobility devices. (Staff contact: Faviola Medina, City Clerk Department)
City Manager's Recommendation: Adopt the ordinance.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-410. Motion carried unanimously, 5/0.
PUBLIC HEARINGS:
10. TAX AND EQUITY. FISCAL RESPONSIBILITY ACT PUBLIC HEARING FOR ISSUANCE OF TAX-
EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF
CAMSTON WRATHER LLC -Adoption of Resolution No. 2021-256 approving the issuance of
the California Municipal Finance Authority revenue bonds in an aggregate principal amount
not to exceed $80,000,000 for the purpose of financing or refinandng the acquisition,
construction, rehabilitation, improvement and equipping solid waste disposal facilities for the
benefit of Camston Carlsbad Asset 1, LLC and certain other matters relating thereto. (Staff
contact: Matt Sanford and David Graham, Administrative Services Department)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolution.
Chief Innovation Officer David Graham and Economic Development Manager Matt Sanford
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 3:32 p.m.
Nov.16,2021 Carlsbad City Council Regular Meeting Page 5
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public -Hearing at 3:32
p.m.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-256. Motion carried unanimously, 5/0.
11. CONSiDER AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE FOUR SINGLE-
FAMILY RESIDENCES LOCATED AT 3745 ADAMS STREET-Adoption of Resolution No. 2021-
257 denying the appeal and upholding the decision of the Planning Commission to approve a
Coastal Development Permit and Tentative Parcel Map to subdivide a 0.97-acre vacant lot
into four parcels to construct a two-story, 3,182-square-foot single-family residence on each
parcel located at 3745 Adams Street, within the Mello II segment of the Local Coastal Program
and Local Facilities Management Zone 1 (Case Name: Adams Street Homes; Case No.: CDP
2020-0043/MS 2020-0004 (DEV2020-0126)). (Staff contact: Jessica Evans, Community
Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolution.
Associate Planner Jessica Evans presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Norby, Associate Planner Evans explained
that the pads needs to be elevated 3 feet for sewer purposes.
In response to an inquiry from Council Member Norby, Engineering Manager Jason Geldert
explained that a single bio detention facility on a single piece of property is not considered a
utility but is necessary for drainage of water which is required by state regulations.
In response to an inquiry from Council Member Norby, Engineering Manager Geldert
explained drainage is part of the consideration for the pad elevations.
In response to an inquiry from Council Member Norby, Engineering Manager Geldert
explained that there has been previous projects that have used pumps for sewer and
drainage.
In response to an inquiry from Council Member Norby, Engineering Manager Geldert
explained that a pump is needed for the detention basin.
Appellant John Maashoff made his ten minute presentation.
Applicant Thomas St. Clair of Rincon Homes made his ten minute presentation.
Appellant John Maashoff made his five minute rebuttal.
Mayor Hall opened the duly noticed Public Hearing at 4:14 p.m.
Nov.16,2021 Carlsbad City Council Regular Meeting Page 6
The following individual called into the City Council Meeting and voiced their comment for
the record:
Mark Kuhn Executive Pastor of New Song Community Church expressed concerns about
storm water runoff for the project and requested the City Council send the project back to the
Planning Commission for further discussion.
Hearl ng no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at
4:16 p.m.
City Attorney Celia Brewer reviewed the standards for appeal with the City Council.
In response to an inquiry from Mayor Hall, City Planner Don Neu explained that the Planning
Commission was provided all public comments and that all legal noticing standards were
followed by the Planning Commission for its meetings and discussions. He added that during
the project's discussion at the Planning Commission's meeting, one of the commissioners did
. not participate in the discussion due to a potential conflict of interest. He also added that the
appellant requested the Planning Commissioners meet at the project site to discuss the
project, but they declined due to potential ex parte communications.
In response to an inquiry from Council Member Norby, City Attorney Brewer explained that
the City Council cannot consider new evidence that was not considered by the Planning
Commission.
'In response to an inquiry from Council Member Norby, Associate Planner Evans explained
that the alternates proposed by the appellant were not purposed to the Planning
Commission.
In response to an inquiry from Council Member Norby, Engineering Manager Geldert
explained that there was a discussion on the use of pumps at the Planning Commission
meeting.
In response to an inquiry from Council Member Norby, Engineering Manager Geldert
explained that when a property is flat and there is no drain pipe to connect to, then a pump
would be required.
In response to an inquiry from Council Member Norby, Engineering Manager Geldert
explained that the nearest drain to the project site is on Pio Pico Drive on the other side of
New Song Community Church.
Mayor Pro Tern Blackburn made an ex parte disclosure that he spoke with the appellant on
the phone.
Nov.16,2021 Carlsbad City Council Regular Meeting Page 7
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Brewer explained
that if the City Council finds the Planning Commissions decision was not supported by the
facts and the evidence then that would be grounds for error, but it is very different from
saying there should have been additional facts.
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Brewer explained
that if the City Council is lacking the information it needs to make a decision, the item could
be continued by requesting additional information from staff.
In response to an inquiry from Mayor Pro Tern Blackburn, City Planner Neu explained the
Planning Commission examined the site design thoroughly to minimize.the grading.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-257. Motion carried, 4/1. (Norby-No)
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC
MEETINGS ON DEC. 1, 2021-Discuss how to proceed with public meetings until Dec. 16, 2021
and take one of the following actions: 1) Consider adoption of Resolution No. 2021-258
making findings in accordance with AB 361 to continue virtual public meetings until Dec. 16,
2021;or
2) Direct staff to resume in-person public meetings beginning Dec. 1, 2021. (Staff contact:
Sheila Cobian, City Manager's Department)
City Manager's Recommendation: Discuss how to proceed and consider options.
Fire Chief Michael Calderwood 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. 2021-258 continuing virtual public meetings until Dec. 16, 2021. Motion
carried, 4/1. (Hall -No)
Mayor Hall declared a recess at 4:50 p.m.
Mayor Hall reconvened the meeting at 5:00 p.m.
Mayor Hall left the meeting at 5:00 p.m. due to a conflict of interest on Item No. 13 as he
owns property in the area.
13. VILLAGE & BARRIO MASTER PLAN AMENDMENT DISCUSSION -Receive a presentation on
options to address potential policy changes raised by the public during the adoption of the
2019 comprehensive update to.the Village & Barrio Master Plan and provide direction to staff
as appropriate. (Staff contact: Shelley Glennon, Community Development)
Nov. 16, 2021 Carlsbad City Council Regular Meeting Page 8
City Manager's Recommendation: Receive the presentation and provide direction as
appropriate.
Associate Planner Shelley Glennon presented the report and reviewed a PowerPoint
presentation ( on file in the Office of the City Clerk).
Mayor Pro Tem _Blackburn declared a recess at 5:19 p.m.
Mayor Pro Tem Blackburn reconvened the meeting at 5:25 p.m.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Brian Tracy owner of Status Skateshop urged the City Council to amend the master plan to
include certain signage.
Robert Wilkinson of Imagine Carlsbad expressed his support for Option 2B of Item No. 8:
Grand Ave. Promenade feasibility study for permanent installation.
In response to an inquiry from Council Member Acosta, Principal Planner Eric Lardy explained
the City Council approved resolutions that suspended certain land uses regulations and fees
related to outdoor activation. He also added that permitting was issued for expansions into
private property, curb cafes and sidewalk cafes into the right of way.
In response to an inquiry from Council Member Acosta, Community Development Director
Jeff Murphy explained that Community Development will be working with Economic
Development to create a survey with businesses and residents in the downtown area to
identify their thoughts and views on outdoor activations and whether to continue or end the
outdoor activations.
In response to an inquiry from Council Member Norby, Library & Cultural Arts Director
Suzanne Smithson explained that they have been working on establishing the city's historical
inventory: She added that in order to have a designated historic district every property needs
to have a historic designation. She also added that they will be bringing back information
regarding the city's historical inventory along with the Mills Act information to the City
Council soon.
In response to an inquiry from Council Member Norby, Library & Cultural Arts Director
Smithson explained that staff will be bringing back an item to the City Council regarding the
city's historical inventory but not information regarding historical districts.
In response to an inquiry from Council Member Acosta, Principal Planner Lardy explained
that staff can look into expanding the definition of a "farmer's market".
Nov.16,2021 c;:arlsbad City Council Regular Meeting Page 9
In response to an inquiry from Council Member Acosta, Associate Planner Glennon explained
that the Street Tree Plan was to provide .a cohesive design theme of street trees along primary
corridors.
In response to an inquiry from Council Member Acosta, Parks & Recreation Director Kyle
Lancaster explained that the City of Carlsbad has been a member of Tree City USA for 17 years
and membership requires yearly Arbor Day events, Arbor Week proclamations, and the city's
budgeting of at least 2% to maintain tree inventory. He also added that in the Carlsbad
Community Forest Management plan there is a goal of planting 600 trees per year.
In response to an inquiry from Council Member Acosta, Associate Planner Glennon explained
that the budget to prepare for the Street Tree Plan is to implement a plan and not actually
plant trees.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to support
Option 2-4, permitting a Farmers' Market in the Barrio, with areas for arts and culture in the
BP and BC zone, and Option 2-5, to add a policy encouraging development of vital uses.
Motion carried, 4/0/1 (Hall -Absent)
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to support
Option 3-1, update the parking-in-lieu fee program to City Council, Option 3-2a, implement
and prioritize projects in the Implementation Action Matrix and Option. 3-3, investigate
making temporary outdoor activation plans permanent. Motion carried, 4/0/1 (Hall -Absent)
Motion by Council Member Norby, seconded by Council Member Acosta, to support Option
4-5, converting Tyler Street to a one-way street. Motion carried, 3/1/1 (Blackburn -No, Hall
-Absent)
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to support
Option 8-2b, conduct a feasibility study for permanent installation of Grand Avenue
Promenade, and 8-4, establish a historic district in the Village and' Barrio. Motion carried,
4/0/1 (Hall -Absent)
Mayor Hall returned to the meeting at 6:34 p.m.
14. SOUTH SHORE AGUA HEDIONDA LAGOON TRAIL UPDATE AND DIRECTION ON PURSUING THE
PROJECT'S DESIGN, PUBLIC ENGAGEMENT AND DEVELOPMENT -Receive a project update
and provide direction to staff as to whether or not the city should further pursue the design,
public engagement and development of the South Shore Agua Hedionda Lagoon Trail Project
within only the Hub Park Lease property. (Staff contact: Time Selke, Parks & Recreation)
City Manager's Recommendation: Receive the update and provide direction as appropriate.
Parks & Recreation Director Kyle Lancaster and Park Planning Manager Kasia Trojanowska
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Nov. 16, 2021 Carlsbad City Council Regular Meeting Page 10
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Joe Gabaldon, Regional Public Affairs Manager of San Diego Gas & Electric expressed support
for the project and urged continued discussion.
Deann Weimer of Citizens for North County expressed support for the project and urged the
city to work with local indigenous groups for approval.
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta to approve
Option No. 3 directing staff to continue pursuit of the of the South Shore Agua Hedionda
Lagoon Trail within only the Hub Park property by reengaging on the noted constraints and
concerns with the representatives of the applicable entities in an effort to gain greater
flexibility. Motion carried 3/2, (Hall, Blackburn -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.
Council Member Bhat-Patel requested that Intergovernmental Affairs Director Jason Haber
clarify what was discussed at the Carlsbad City/Schools Committee Meeting on October 26, 2021
in response to a non-agenda comment made at the beginning of the meeting.
Intergovernmental Affairs Director Haber explained that there was an agenda item on receiving
a report on city and school district initiatives related to diversity, equity and inclusion for
discussion but there was no discussion on the teaching of critical race theory in school
curriculums.
ANNOUNCEMENTS: None.
CITY MANAGER COMMENTS: City Manager Scott Chadwick announced that several members of
the City of Carlsbad Leadership Team attended a virtual ceremony for 14 City of Carlsbad staff
members that graduated from the Supervisors Academy. He also announced that he would be
addressing graduates from Lead Advance, a program geared towards developing women into
leadership roles, adding that two City of Carlsbad staff members would be graduating in the
program, Senior Accountant Brigid Drury and Engineering Technician II Teresa Hodges.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 7:11 p.m.
~
Hector Gomez
Deputy City Clerk