HomeMy WebLinkAbout2022-02-22; City Council; Minutes Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Virtual Meeting
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance.
INVOCATION: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced
there was no reportable action.
APPROVAL OF MINUTES: None.
PRESENTATIONS: None.
PUBLIC COMMENT:
The following individuals called into the City Council Meeting and voiced their comments for the
record:
Paige DeCino urged the City Council to adopt new building electrification codes regarding
sustainability now, rather than waiting for the Climate Action Plan to be updated.
Katie Taylor expressed concerns regarding COVID-19 vaccination requirements for newly hired
city employees.
Frita Wilson expressed concerns regarding south Carlsbad proposed coastline development and
the impact it will have on the community.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item No 1. Motion carried unanimously, 5/0.
1. AGREEMENT WITH CDW•G LLC TO PROVIDE SERVICENOW SERVICE PORTAL SMARTFLEX
IMPLEMENTATION – Adoption of Resolution No. 2022-045 authorizing the City Manager or
designee to execute an agreement with CDW•G, LLC for $126,720 to implement
ServiceNow’s Service Portal SmartFlex Program and to execute potential future amendments
Feb. 22, 2022, 3 p.m.
.
Feb. 22, 2022 Carlsbad City Council Regular Meeting Page 2
to the agreement, provided the cost of the agreement with any potential future amendments
does not exceed $150,000. (Staff contact: Maria Callander, Administrative Services
Department)
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
This item was heard after Item No. 7 at 6 p.m.
2. CHICK-FIL-A – 1) Introduction of an ordinance approving a zone change, (Local Coastal
Program and citywide zoning maps) on two properties (APNS 210-170-08, -09) totaling 0.89
acres from Planned Industrial (P-M) with a commercial/visitor-serving overlay to commercial
tourist with commercial/visitor-serving and qualified development overlays (C-T-Q) within
the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 3.
(Case Name: Chick-Fil-A; Case No: ZC 2019-0001/LCPA 2019-0002 (DEV2018-0177); and
2) Adoption of a resolution approving a Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program; and approving a General Plan amendment and Local
Coastal Program amendment to change the land use designations from Planned Industrial (PI)
to Visitor Commercial (VC); and approving a Site Development Plan amendment, Non-
Residential Planned Development Permit amendment, Minor Conditional Use Permit, and a
Coastal Development Permit to demolish a 10,600-square-foot office building and construct
a 3,932-square-foot Chick-Fil-A restaurant on two properties (APNS 210-170-08, -09) totaling
0.89 acres at 5850 Avenida Encinas within the Mello II segment of the Local Coastal Program
and Local Facilities Management Zone 3. (Case Name: Chick-Fil-A; Case No.: GPA 2019-
0001/LCPA 2019-0002/AMEND 2019-0004/AMEND 2021-0011/CUP 2021-0017/CDP 2019-
0007 (DEV2018-0177) (Staff contact: Esteban Danna, Community Development)
City Manager’s Recommendation: Take public input, close the public hearing, introduce the
ordinance and adopt the resolution.
DEPARTMENTAL AND CITY MANAGER REPORTS:
3. OPENING OF THE NORTH COUNTY FAMILY JUSTICE CENTER – ONE SAFE PLACE – Receive a
report on the opening of the North County Family Justice Center from San Diego County
District Attorney Summer Stephan. (Staff contact: Mickey Williams, Police Department)
City Manager’s Recommendation: Receive the report
Police Chief Mickey Williams, San Diego District Attorney Summer Stephan and Chief Deputy
District Attorney Tracy Prior presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
Council Member Bhat-Patel expressed her appreciation for the District Attorney’s office work
on this project, as well as their dedication to helping victims of domestic violence. In addition,
Feb. 22, 2022 Carlsbad City Council Regular Meeting Page 3
she thanked Police Chief Williams and staff for their support of the North County Family
Justice Center.
Council Member Acosta thanked the District Attorney’s office and the 53 community partners
who are a part of the opening of the North County Family Justice Center.
Mayor Hall expressed his appreciation for the collaboration throughout north county that has
led to the opening of the North County Family Justice Center.
Council received the report.
4. AGREEMENT WITH LANCE, SOLL & LUNGHARD, LLP FOR PROFESSIONAL AUDITING SERVICES
– Adoption of Resolution No. 2022-047 approving an agreement with Lance, Soll & Lunghard,
LLP for professional auditing services for fiscal years 2021-22 through 2023-24 with an
optional extension for fiscal years 2024-25 through 2025-26, for an amount not to exceed
$509,963. (Staff contact: Robert Threatt, Administrative Services Department)
City Manager’s Recommendation: Adopt the resolution.
Deputy City Manager Administrative Services Laura Rocha, Internal Audit Manager Robert
Threatt, Assistant Finance Director Roxanne Muhlmeister and Lance, Soll & Lunghard
Managing Partner Brian Gruber presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2022-047. Motion carried unanimously, 5/0.
5. 2021 HOUSING COMMISSION WORK PLAN ANNUAL REPORT AND 2022 HOUSING
COMMISSION WORK PLAN – Adoption of Resolution 2022-048 accepting the 2021 Housing
Commission Annual Work Plan Report and approving the 2022 Housing Commission Work
Plan. (Staff contact: Todd Henderson, Housing & Homeless Services)
City Manager’s Recommendation: Adopt the resolution.
Housing Services Manager Tom Henderson presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Housing Commission Chair John Nguyen-Cleary thanked Commissioner Joy Evans for her work
with the Housing Element Advisory Committee and provided comments on future updates to
the Inclusionary Housing In-leu Fee Program and the Housing Credit Purchase Program to fit
the current need of the community and housing environment. Chair Nguyen-Cleary also
expressed the Housing Commission’s desire to continue working with the City Council on
homelessness programs and evaluating the outcomes as the programs mature, as well as
having a role in the Growth Management Plan Advisory Committee.
Feb. 22, 2022 Carlsbad City Council Regular Meeting Page 4
Council Members thanked Chair Nguyen-Cleary, staff and the Housing Commission for their
work on the Work Plans.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2022-048. Motion carried unanimously, 5/0.
6. HOMELESS QUARTERLY UPDATE FOR OCT. 1 THROUGH DEC. 31, 2021 – Receive the second
quarterly update on the city’s goal to reduce its unsheltered homeless population, covering
the period from Oct. 1 – Dec. 31, 2021. (Staff contact: Mandy Mills, Housing & Homeless
Services)
City Manager’s Recommendation: Receive the update.
Housing & Homeless Services Director Mandy Mills, Senior Program Manager Chris Shilling
and Police Lieutenant Darbie Ernst presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Katie Taylor expressed her concerns with city priorities regarding the homeless community.
John Nguyen-Cleary thanked the Police and Housing and Homeless Services Departments for
their continuous work regarding homelessness.
In a response to an inquiry from Council Member Bhat-Patel, Senior Program Manager Shilling
explained that Interfaith Community Services Social Workers did not directly communicate
with all individuals, some were in contact with other agencies.
In a response to an inquiry from Mayor Pro Tem Blackburn, Lieutenant Ernst explained that
all Carlsbad officers are trained and enforcing drug and alcohol laws with homeless
individuals.
In a response to an inquiry from Mayor Pro Tem Blackburn, Lieutenant Ernst explained that
the conservatorship process is handled by mental health services and the Police Department
is not directly involved in that process, though there have been successful conservatorships
in the past.
In a response to an inquiry from Mayor Pro Tem Blackburn, Lieutenant Ernst explained that
if there is a need to increase large trash removal periods, staff can request to add that with
the litter removal from Urban Corp.
In a response to an inquiry from Mayor Pro Tem Blackburn, Lieutenant Ernst explained that
trash removal from private property is the responsibility of the property owner.
Feb. 22, 2022 Carlsbad City Council Regular Meeting Page 5
In a response to an inquiry from Mayor Pro Tem Blackburn, Lieutenant Ernst explained that
Caltrans and NCTD are responsible for the cleanup of trash and homeless encampments
located in the NCTD right of way.
In a response to an inquiry from Mayor Hall, Lieutenant Ernst explained that the most efficient
way for members of the public to report issues regarding homelessness is through the non-
emergency police phone line or the Homeless Outreach Team phone line.
In a response to an inquiry from Council Member Norby, Lieutenant Ernst explained that
there are multiple hotels participating in the voucher program. Lieutenant Ernst further
explained that there are other short-term housing shelters available, in addition to the hotel
voucher program.
In a response to an inquiry from Council Member Norby, Lieutenant Ernst explained if there
is action required on a private property, such as an encampment clean up, the Police
Department works with the City Attorney’s office to contact the property owner and make
sure the action needed gets completed.
In a response to an inquiry from Council Member Norby, Housing & Homeless Services
Director Mills explained that the current number of homeless individuals is calculated by
multiple different measures.
In a response to an inquiry from Council Member Acosta, Housing & Homeless Services
Director Mills explained the different ways for the public to remain engaged with outreach
opportunities.
In a response to an inquiry from Council Member Acosta, Housing & Homeless Services
Director Mills explained that 211 connects individuals in need to services offered by different
agencies, based on availability.
Council received the update.
7. TIMING OF THE BALLOT MEASURE FOR THE MONROE STREET POOL
RENOVATION/REPLACEMENT PROJECT (CIP PROJECT NO. 4724) – Adoption of Resolution No.
2022-049 deferring the timing of a Proposition H ballot measure for the Monroe Street Pool
Renovation/Replacement project to an election cycle to be determined at a later date. (Staff
contact: Kyle Lancaster, Parks & Recreation and Steven Stewart, Public Works)
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).
Feb. 22, 2022 Carlsbad City Council Regular Meeting Page 6
In a response to an inquiry from Council Member Norby, Parks & Recreation Director
Lancaster clarified staff can bring back a resolution by March 8 if the City Council were to
choose Option 2.
In a response to an inquiry from Council Member Acosta, City Manager Scott Chadwick
explained that there is nothing preventing the city from placing this item on the November
ballot and that staff placed this item on the agenda before the Strategic Planning Process to
find out if the City Council wanted to take action now, or wait until after the Strategic Planning
Process.
In a response to an inquiry from Council Member Bhat-Patel, Legislative & Constituent
Services Director Sheila Cobian explained that if the City Council would like this item on the
November ballot, staff would need to know by August to comply with the 88-day
requirement.
Council Member Norby expressed concerns that the staff recommendation is to undo a City
Council unanimous vote from a previous meeting. Council Member Norby further explained
his concerns around timing of bringing the item back at later date and the priorities around
necessary projects in District 1.
City Attorney Celia Brewer clarified that a Prop H vote is not required for maintenance and
repairs, it is only required for the expansion.
In a response to an inquiry from Mayor Pro Tem Blackburn, Parks & Recreation Director
Lancaster and City Manager Chadwick confirmed that placing the item on the November
ballot is a feasible option for staff.
Council Member Norby explained he will not be voting in favor of this motion as he finds it is
inconsistent with a previous City Council decision.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2022-047 with amendments for verbiage to include placement on the
November ballot – 4/1 (Norby – No).
Mayor Hall declared a recess at 5:15 p.m.
Mayor Hall reconvened the meeting at 6 p.m.
PUBLIC HEARINGS:
This item was heard at 6 p.m. after Item No. 7.
2. CHICK-FIL-A – 1) Introduction of Ordinance CS-415 approving a zone change, (Local Coastal
Program and citywide zoning maps) on two properties (APNS 210-170-08, -09) totaling 0.89
acres from Planned Industrial (P-M) with a commercial/visitor-serving overlay to commercial
tourist with commercial/visitor-serving and qualified development overlays (C-T-Q) within
Feb. 22, 2022 Carlsbad City Council Regular Meeting Page 7
the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 3.
(Case Name: Chick-Fil-A; Case No: ZC 2019-0001/LCPA 2019-0002 (DEV2018-0177); and
2) Adoption of Resolution 2022-046 approving a Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program; and approving a General Plan amendment and Local
Coastal Program amendment to change the land use designations from Planned Industrial
(PI) to Visitor Commercial (VC); and approving a Site Development Plan amendment, Non-
Residential Planned Development Permit amendment, Minor Conditional Use Permit, and a
Coastal Development Permit to demolish a 10,600-square-foot office building and construct
a 3,932-square-foot Chick-Fil-A restaurant on two properties (APNS 210-170-08, -09) totaling
0.89 acres at 5850 Avenida Encinas within the Mello II segment of the Local Coastal Program
and Local Facilities Management Zone 3. (Case Name: Chick-Fil-A; Case No.: GPA 2019-
0001/LCPA 2019-0002/AMEND 2019-0004/AMEND 2021-0011/CUP 2021-0017/CDP 2019-
0007 (DEV2018-0177) (Staff contact: Esteban Danna, Community Development)
City Manager’s Recommendation: Take public input, close the public hearing, introduce the
ordinance and adopt the resolution.
Mayor Pro Tem Blackburn recused himself at 6 p.m. due to a potential conflict of interest.
Council Member Bhat-Patel disclosed she has had email communication and meetings with
the applicant.
Council Member Acosta disclosed she has attended two presentations about this project and
has had email communication with the applicant.
Council Member Norby disclosed he has attended one meeting with the applicant.
Associate Planner Esteban Dana 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 6:08 p.m.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Alex Hamner voiced her support for this item.
Chic-fil-a Development Manager Carlos Arias presented a PowerPoint presentation (on
file in the Office of the City Clerk).
Mayor Hall closed the duly noticed Public Hearing at 6:24 p.m.
Feb. 22, 2022 Carlsbad City Council Regular Meeting Page 8
In a response to an inquiry from Council Member Norby, Associate Planner Dana
explained than the plan includes more than the required amount of parking spaces, so
they have the flexibility to convert parking spaces into bicycle parking if desired.
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance CS-415 adopt and to adopt Resolution No. 2022-048. Motion carried unanimously,
4/0 (Blackburn – absent).
Mayor Pro Tem Blackburn returned to the dais at 6:29 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.
ANNOUNCEMENTS: Mayor Hall announced the City Council may attend the “an Evening With”
at Park Hyatt Aviara on Wed., Feb. 23, 2022 from 5 – 6:30 p.m.
Mayor Hall announced that the City Council and all Boards and Commissions will return to in
person meetings on March 1. He added that regular City Council meetings will start at 5 p.m. and
public participation will occur in person and that email comments can be sent to
clerk@carlsbadca.gov. He explained that there is not a mechanism to allow for live, virtual
commenting at the meetings.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 6:34 p.m.
___________________________
Kaylin McCauley
Senior Office Specialist