HomeMy WebLinkAbout2023-08-29; City Council; Minutes (2) Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Blackburn announced that the City
Council is serving as the City Council and the Carlsbad Municipal Water District Board of Directors
on Consent Calendar Item No. 2.
PLEDGE OF ALLEGIANCE: City Clerk Sherry Freisinger led the Pledge of Allegiance.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in recognition of Constitution Week
Mayor Blackburn read the proclamation. Regent of the Santa Margarita Chapter Daughters of the
American Revolution Representative Jacquie Berzins accepted the proclamation and said a few
words.
Proclamation in recognition of International Overdose Awareness Day
Council Member Burkholder read the proclamation. Community Health Nurse Christina Gilmore
accepted the proclamation and said a few words.
PUBLIC COMMENT:
Mary Lucid expressed her desire for the city libraries to change their hours of operation to be open
on Sundays.
Ken Kebow spoke regarding the campaign to Save Carlsbad’s Theater
John Davidson spoke regarding infrastructure issues on Chinquapin Ave.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 and 2. Motion carried unanimously, 5/0.
1. AWARD OF CONTRACT TO SOUTHERN CONTRACTING COMPANY FOR THE STREET LIGHTING
REPLACEMENT PROGRAM PHASE II PROJECT, CIP PROJECT NO. 6062 – Adoption of Resolution
No. 2023-226 accepting bids and awarding a contract to Southern Contracting Company for
the Street Lighting Replacement Program Phase II, Capital Improvement Program Project No.
6062, for an amount not to exceed $767,012. (Staff contact: Michael O’Brien, Public Works
Department)
Aug. 29, 2023, 5 p.m.
CITY COUNCIL
Minutes
Aug. 29, 2023 Carlsbad City Council Regular Meeting Page 2
2. AUTHORIZATION OF PRE-EXCAVATION AGREEMENTS WITH NATIVE AMERICAN TRIBES,
INCLUDING FOR THE RECYCLED WATER PHASE III, D-4 RESERVOIR PROJECT, CIP PROJECT NO.
5210 – 1) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No.
1716 authorizing the Executive Manager to execute a pre-excavation agreement between the
Carlsbad Municipal Water District and the San Luis Rey Band of Mission Indians for Tribal
Cultural Resources treatment and monitoring for the Recycled Water Phase III, D-4 Reservoir
Project; and
2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1717
delegating authority to the Executive Manager to execute pre-excavation agreements for
Tribal Cultural Resources treatment and monitoring for district capital improvement program
projects; and
3) Adoption of Resolution No. 2023-227 delegating authority to the City Manager to execute
pre-excavation agreements for Tribal Cultural Resources treatment and monitoring for City
Capital Improvement Program projects. (Staff contact: Dave Padilla and Neil Irani, Public
Works Department)
ORDINANCES FOR INTRODUCTION:
3. AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE RELATED TO BOARDS AND
COMMISSIONS – 1) Introduction of Ordinance No. CS-451 amending Carlsbad Municipal Code
Chapter 2.15 Boards and Commissions and Chapter 2.28 Traffic and Mobility Commission;
and
2) Introduction of Ordinance No. CS-452 adding Chapter 2.34 Beach Preservation Commission
to the Carlsbad Municipal Code; and
3) Introduction of Ordinance No. CS-453 amending Carlsbad Municipal Code Chapter 2.36
Parks and Recreation Commission to be consistent with Chapter 1.20 Meetings and Chapter
2.15 Boards and Commissions; and
4) Introduction of Ordinance No. CS-454 amending Carlsbad Municipal Code Chapter 2.38
Senior Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and
Commissions; and
5) Introduction of Ordinance No. CS-455 amending Carlsbad Municipal Code Chapter 2.40
Housing Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards
and Commissions. (Staff contact: Sheila Cobian, City Manager Department and Faviola
Medina, City Clerk Department)
City Manager’s Recommendation: Introduce the ordinances.
Director of Legislative & Constituent Services Sheila Cobian presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mary Lucid expressed her concerns with role of the commission members.
City Attorney Cindie McMahon titled the ordinances.
Aug. 29, 2023 Carlsbad City Council Regular Meeting Page 3
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta to introduce
Ordinance Nos. CS-451, CS-452, CS-453, CS-454 and CS-455. Motion passed unanimously,
5/0.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney McMahon
announced that Closed Session was recessed at 4:44 p.m. and will reconvene at the end of open
session. She added that no reportable action was anticipated, but if there was any reportable
action it would be reported at the next open session.
ORDINANCES FOR INTRODUCTION (cont.):
4. ORDINANCE AMENDING SECTION 10.44.030 OF THE CARLSBAD MUNICIPAL CODE RELATING
TO SPEED LIMITS ON CARLSBAD BOULEVARD – Introduction of Ordinance No. CS-456
amending Section 10.44.030 of the Carlsbad Municipal Code relating to speed limits on
Carlsbad Boulevard. (Staff contact: John Kim, Public Works Department)
City Manager’s Recommendation: Introduce the ordinance.
City Traffic Engineer John Kim presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
City Attorney McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance No. CS-456. Motion passed unanimously, 5/0.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING:
5. CITYWIDE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED-USE
DEVELOPMENT (ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004) – 1) Introduction of
Ordinance No. CS-457 amending Carlsbad Municipal Code, Title 21 Zoning, to add Chapter
21.88 and amend Chapter 21.45, to establish citywide objective design standards for
multifamily housing and mixed-use development projects pursuant to Housing Element
Program 1.11 (Case Name: Citywide Objective Design Standards; Case No: ZCA 2020-0003,
LCPA 2020-0007, PUB 2020-0004; and
2) Adoption of Resolution No. 2023-228 approving a Local Coastal Program Amendment to
update the Local Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of the
Carlsbad Municipal Code) to establish citywide objective design standards for multifamily
housing and mixed-use development projects implementing Housing Element Program 1.11
(Case Name: Citywide Objective Design Standards; Case No: ZCA 2020-0003, LCPA 2020-0007,
PUB 2020-0004); and
3) Adoption of Resolution No. 2023-229 amending City Council Policy No. 44 to achieve
Aug. 29, 2023 Carlsbad City Council Regular Meeting Page 4
consistency with current state regulations that require objective design standards (Case
Name: Citywide Objective Design Standards; Case No: ZCA 2020-0003, LCPA 2020-0007, PUB
2020-0004); and
4) Adoption of Resolution No. 2023-230 rescinding City Council Policy No. 66 to achieve
consistency with current state regulations that require objective design standards (Case
Name: Citywide Objective Design Standards; Case No: ZCA 2020-0003, LCPA 2020-0007, PUB
2020-0004). (Staff contact: Shelley Glennon, Community Development Department)
City Manager’s Recommendation: Take public input, close the public hearing, introduce the
ordinance and adopt the resolutions.
Associate Planner Shelley Glennon presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 5:46 p.m.
Hearing no one wishing to speak on this item, Mayor Blackburn closed the duly noticed public
hearing at 5:49 p.m.
City Attorney McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta to introduce
Ordinance No. CS-457, adopt Resolution No. 2023-228, Resolution No. 2023-229, and
Resolution No. 2023-230. Motion passed unanimously, 5/0.
6. OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED USE
DEVELOPMENT IN THE VILLAGE AND BARRIO (AMEND 2021-0008, LCPA 2023-0016,
DEV08014) – 1) Introduction of Ordinance No. CS-458 amending the Village and Barrio Master
Plan, to implement Housing Element Program 1.11 to develop Village and Barrio objective
design standards for multifamily housing and mixed-use development projects (Case Name:
Village and Barrio Objective Design Standards; Case No.: AMEND 2021-0008, LCPA 2023-
0016, DEV08014); and
2) Adoption of Resolution No. 2023-231 approving a Local Coastal Program amendment to
implement Housing Element Program 1.11 to establish Village and Barrio objective design
standards for multifamily housing and mixed-use development projects (Case Name: Village
and Barrio Objective Design Standards; Case No.: AMEND 2021-0008, LCPA 2023-0016,
DEV08014). (Staff contact: Shelley Glennon, Community Development Department)
City Manager’s Recommendation: Take public input, close the public hearing, introduce the
ordinance and adopt the resolution.
Associate Planner Shelley Glennon and City Planner Eric Lardy presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Aug. 29, 2023 Carlsbad City Council Regular Meeting Page 5
Mayor Blackburn opened the duly noticed public hearing at 5:59 p.m.
Hearing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
5:59 p.m.
In response to an inquiry from Council Member Burkholder, City Planner Lardy explained that
SB 330 is a bill certain multi-family housing units fall under, and it limits discretionary review
to subjective standards. He added that the city currently has 4 projects that fall under SB
330.
In response to an inquiry from Council Member Burkholder, City Planner Lardy explained that
the waivers that are built in could be something like the developer using different building
material or changing a setback, but that they are limited to one waiver, and they are included
to provide a level of flexibility.
In response to an inquiry from Council Member Burkholder, City Planner Lardy explained that
that around 53% of survey respondents were from the 92008 zip code.
In response to an inquiry from Council Member Burkholder, City Planner Lardy explained that
the different designs differ between communities within the Village and the Barrio based on
their density levels.
In response to an inquiry from Council Member Burkholder, City Planner Lardy explained that
the Architectural Design Standards will be compiled into a checklist for applications that
should be made available to the public within 30 days of approval of this item.
In response to an inquiry from Council Member Acosta, City Planner Lardy explained that the
seven design styles were chosen based on input from the Design Review Committee as well
as early input from the public. He added that there was conversation on only including 5
design styles and not including the Traditional Modern or California Contemporary, but
ultimately staff included all seven designs to allow for flexibility for the different communities
within the Village and the Barrio.
In response to an inquiry from Council Member Acosta, City Planner Lardy explained that to
ensure the standards are being met, the approval process includes a discretionary review
period as well as building permit requirements. He added that through the permitting
process staff complete plan checks and ensure consistency within their approved plans and
their building process.
In response to an inquiry from Council Member Acosta, City Planner Lardy explained that if
a builder proceeds to build a project without a building permit, staff refer the case to the
Code Enforcement Department. He added that if a builder does have a permit and they are
not following the design standards, staff can issue a stop work order.
City Attorney McMahon titled the ordinance.
Aug. 29, 2023 Carlsbad City Council Regular Meeting Page 6
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance No. CS-458 and adopt Resolution No. 2023-231. Motion passed unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. FISCAL YEAR 2023-24 INTERNAL AUDIT PLAN AND INTERNAL AUDIT UPDATE – 1) Receive a
report regarding Fiscal Year 2022-23 Internal Audit Activity Summary and the Fiscal Year
2023-24 Internal Audit Plan; and
2) Adoption of Resolution No. 2023-232 approving the Fiscal Year 2023-24 Internal Audit Plan
(Staff contact: Robert Threatt and Laura Rocha, Administrative Services Department)
City Manager’s Recommendation: Receive the report and adopt the resolution.
Internal Audit Manager Robert Threat presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mary Lucid expressed her concerns with city expenditures.
In response to an inquiry from Council Member Luna, Internal Audit Manager Threat
explained that the Finance Department is currently evaluating the cost effectiveness of the
current practice of using the current armored transport service, versus having the Police
Department perform the deliveries.
The City Council received the report.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-232. Motion passed unanimously, 5/0.
8. CITY COUNCIL POLICY STATEMENT – CITY COUNCIL PROCLAMATIONS, CERTIFICATES OF
RECOGNITION AND CONGRATULATORY LETTERS – Adoption of a resolution approving City
Council Policy Statement – City Council Proclamations, Certificates of Recognition and
Congratulatory Letters. (Staff contact: Faviola Medina, City Clerk Department and Sheila
Cobian, City Manager Department)
City Manager’s Recommendation: Consider options and adopt the resolution.
Director of Legislative & Constituent Services Sheila Cobian presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Director of Legislative &
Constituent Services Cobian explained that the currently proclamations are funneled through
the City Manager’s office, or the Executive Assistant to the City Council. She added that staff
follow the current Proclamation Guidelines and use the City Council’s meeting availability in
determining the scheduling of the presentations.
Council Member Acosta and Mayor Pro Tem Bhat-Patel expressed their support for having
Aug.29,2023 Carlsbad City Council Regular Meeting Page 7
proclamations continue to be presented during regular open session City Council Meetings.
Mayor Blackburn recommended that proclamations be presented on the day of the first
regular meeting of the month, prior to the business meeting, with a flexible start time
dependent on how many proclamations would be presented that day.
Motion by Council Member Luna, seconded by Council Member Burkholder, directing staff to
bring back an item establishing a City Council Policy with Proclamation Guidelines to include
proclamations be presented on the day of the first regular meeting of the month, prior to the
business meeting, with a flexible start time dependent on how many proclamations would be
presented that day for City Council consideration. Motion passed, 3/2 (Bhat-Patel, Acosta -
No}.
Motion by Council Member Burkholder, seconded by Mayor Blackburn, directing staff to
bring back an item on establishing a City Council policy on proclamations. Council Member
Burkholder rescinded her motion.
Motion by Mayor Blackburn, seconded by Council Member Burkholder, directing staff to
return with a revised City Council Policy Statement that removes proclamations from being
presented before the business meeting for City Council consideration. Motion passed
unanimously, 5/0.
PUBLIC COMMENT (cont.):
Peyton Jones expressed his concerns with potential new infrastructure on Chinquapin Ave.
Anup Mehta expressed his concerns with potential new infrastructure on Chinquapin Ave.
COUNCIL REPORTS AND COMMENTS: Mayor Blackburn and the City Council Members reported
on activities and meetings of some committees and subcommittees of which they are members.
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: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 6:57 p.m.
Kaylin McCauley
Deputy City Clerk