HomeMy WebLinkAbout2024-04-16; City Council; Minutes (2)April 16, 2024 Carlsbad City Council Regular Meeting Page 3
the Buena Vista Creek Concrete Channel near El Camino Real. (Staff contact: Tom Frank,
Public Works Department)
8. CONTINUATION OF PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR
OF THE SLOPE BETWEEN EL CAMINO REAL AND TRIESTE DRIVE -Adoption of Resolution No.
2024-077 continuing the proclamation of a storm-related local emergency for repair of the
slope between El Camino Real and Trieste Drive. (Staff contact: Tom Frank, Public Works
Department)
BOARD AND COMMISSION MEMBER APPOINTMENTS: None.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
9. ORDINANCE NO. CS-469 -ANNUAL REPORT FOR AB 481 -Adoption of Ordinance No. CS-469
renewing the Police Department's Military Equipment Use Policy, in accordance with
California Assembly Bill 481. (Staff contact: Faviola Medina, City Clerk Department)
City Manager's Recommendation: Adopt Ordinance No. CS-469.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-469. Motion carried unanimously, 5/0.
10. ORDINANCE NO. CS-470 -CALIFORNIA COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLE 21-Adoption of
Ordinance No. CS-470 acknowledging receipt of and approving the California Coastal
Commission's suggested modifications to the Local Coastal Program for ZCA 2022-0001/LCPA
2022-13 and ZCA 2022-0002/LCPA 2022-14. (Staff contact: Faviola Medina, City Clerk
Department)
City Manager's Recommendation: Adopt Ordinance No. CS-470.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-470. Motion carried unanimously, 5/0.
PUBLIC HEARING:
11. CARLSBAD HOUSING AGENCY 2024-25 PUBLIC HOUSING AGENCY ANNUAL PLAN -1) Hold a
public hearing; and
2) Adoption of Community Development Commission Resolution No. 565 approving the City
of Carlsbad's 2024-25 Public Housing Agency Annual Plan for Submission to the U.S.
Department of Housing and Urban Development. (Staff contact: Christian Gutierrez,
Community Services Department)
April 16, 2024 Carlsbad City Council Regular Meeting Page 5
2) Adoption of Resolution No. 2024-079 denying an appeal and upholding a decision of the
Planning Commission to approve a Minor Conditional Use Permit and Coastal Development
Permit to allow the installation, operation and maintenance of a wireless communication
facility consisting of six panel antennas mounted within a 48-inch radome cylinder on a new
78-foot-tall light pole, which will replace an existing light pole, and associated ground
equipment within an eight-foot tall enclosure in and adjacent to the northwest corner of the
southern parking lot of Poinsettia Community Park generally located at 6600 Hidden Valley
Road (assessor parcel number 214-140-13-00). The property is within the Mello II Segment of
the Certified Local Coastal Program and Local Facilities Management Zone 20 (Case .Name:
Poinsettia Community Park Wireless Facility; Case No.: CUP 2022-0023/CDP 2022-0070 .
(DEV2022-0206)); and
3) Consider adopting a resolution directing the City Manager to initiate negoti_ations for a
license agreement with AT&T for a wireless communication facility at Poinsettia Community ·
Park. (Staff contact: Kyle Van Leeuwen and Curtis Jackson, Community Services ~e~artment)
City Manager's Recommendation: Take public input, close the public hearing, and adopt
the resolution(s).
Principal Planner Cliff Jones, Associate Planner Kyle Van Leeuwen .and Real Estate Manager
Curtis Jackson presented the report and reviewed a PowerPoint presentation (on file in the
Office of the City Clerk).
In response to Council Member Bhat-Patel, City Attorney McMahon explained that the City
Council cannot base their decision on radio frequency, health or environmental effects and
in a decision that would prevent AT&T from building out its network or discriminate against
similar providers. She further explained that guidelines are in Council Policy 64 and it is up to
the City Council to determine whether those guidelines have been met.
The Appellant Nora George spoke against staff's recommendation.
In response to Mayor Blackburn, City Attorney McMahon explained that the Council
Members could not answer emails on this item, but emails are put into the record. City
Attorney McMahon further explained that if Council was to respond to the emails, those
responses would also be required to be entered into the record, that would be disclosing to
one another what they may be thinking on this item which would essentially be a meeting
for Brown Act purposes and the city is not allowed to have a Brown Act meeting without it
being public.
Th e Applicant, AT&T External Affairs Team Member John Heffernen introduced Tara
Carmichael with MD7.
Mayor Blackburn called for a recess at 6:35 p.m.
Mayor Blackburn reconvened the meeting at 6:45 p.m.
April 16, 2024 Carlsbad City Council Regular Meeting Page 7
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, directing staff
to refer the item back to the Planning Commission for further evidentiary development.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to direct the
City Manager to not initiate negotiations with AT&T.
Motion by Mayor Blackburn, to support the decision of the Planning Commission and
supporting the denial to enter into an agreement with AT&T.
Mayor Pro Tern Bhat-Patel withdrew her pending motion and pending secon_d to refer back
to the Planning Commission.
Council Member Acosta withdrew her pending second motion to refer back to the Planning
Commission.
Motion by Mayor Blackburn, seconded by Council Member Luna, to adopt Resolution No.
2024-079 denying the appeal and upholding the decision of the Planning Commission. Motion
carried, 4/0/1 (Acosta -No).
Minute Motion by Mayor Pro Tern Bhat-Patel, second by Council Member Acosta, directing
staff to return to the City Council at a future meeting with revisions to Council Policy 64.
Motion carried unanimously, 5/0.
Mayor Blackburn called for a recess at 7:51 p.m.
Mayor Blackburn reconvened the meeting at 7:56 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14. CLIMATE ACTION PLAN ANNUAL REPORT FOR REPORTING PERIOD 7, JAN. 1, 2023 -DEC. 31,
2023 -Adoption of Resolution No. 2024-080 accepting the Climate Action Plan Annual Report
for Reporting Period 7, Jan. 1, 2023 -Dec. 31, 2023. (Staff contact: Katie Hentrich, Public
Works Department)
City Manager's Recommendation: Adopt the resolution.
Senior Program Manager Katie Hentrich presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Lynda Daniels spoke regarding the importance of building electrification.
Paige DeCino spoke in favor of the Climate Action Plan.