HomeMy WebLinkAbout2021-10-19; City Council; MinutesOct. 19, 2021 Carlsbad City Council Regular Meeting Page 2
PUBLIC COMMENT:
The following individuals called into the City Council Meeting and voiced their comments for the
record:
Katie Taylor spoke about an incident involving homeless individuals and transients at Rotary Park.
She also urged the City Council to pass a shopping cart ordinance.
Tl Childs spoke about the need for a red line curb by a fire hydrant on Pine and Roosevelt near a
new multi-unit condo complex being built. Ms Childs also spoke about the Village and Barrio
Master Plan and the need to stress the differences between residential in the Barrio and the
commercial part of the Village.
Robert Wilkinson spoke about Planning Policy No. 35. He urged the City Council to put an
immediate freeze on Planning Policy No. 35 and create a committee to rework that policy. Mr
Wilkinson also urged the Planning Commission to explain to the City Council how they used
Planning Policy No. 35 on the Lofts at Carlsbad Village.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 through 3. Motion carried unanimously, 5/0.
1. AWARD OF CONTRACT TO RAL INVESTMENT CORPORATION FOR THE POLICE AND FIRE
HEADQUARTERS RENOVATION PROJECT, CIP PROJECT NO~ 4715-Adoption of Resolution No.
2021-236 accepting bids received, authorizing award of a contract to RAL Investment
Corporation, a California Corporation, DBA Silverstrand Construction, Inc., for the Police and
Fire Headquarters Renovation Project, authorizing additional appropriation and denying a bid
protest for the project. (Staff contact: Steven Stewart, Public Works and Mickey Williams,.
Police Department)
2. AGREEMENT WITH DESIGN PATH STUDIO, LLC FOR A PERMIT-READY ACCESSORY DWELLING
UNIT PROGRAM -Adoption of Resolution No. 2021-237 approving a professional services
agreement with Design Path Studio, LLC to prepare the city's permit-ready accessory dwelling
unit program and appropriate $120,000 to the General Fund to implement the program in
fiscal year 2021-22 (Case Name: Permit-Ready Accessory Dwelling Unit Program; Case No.:
ZCA 2021-003). (Staff contact: Shelley Glennon, Community Development)
3. AGREEMENT WITH MAN K-9 FOR MAINTENANCE TRAINING -Adoption of Resolution No.
2021-238 approving the agreement for maintenance training in patrol and narcotic detection
services with ManK9, Inc. (Staff contact: Cindy Anderson, Police Department and Allegra
Frost, City Attorney Department)
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 3
This item was pulled for discussion by Council Member Bhat-Patel.
4. APPROVAL OF THE 2022 REGULAR CITY COUNCIL MEETING CALENDAR -Adoption of a
resolution approving the 2022 Regular City Council Meeting Calendar. (Staff contact: Faviola
Medina, City Clerk Department)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
This item was pulled for discussion by Council Member Bhat-Patel.
4. APPROVAL OF THE 2022 REGULAR CITY COUNCIL MEETING CALENDAR -Adoption of
Resolution No. 2021-239 approving the 2022 Regular City Council Meeting Calendar. (Staff
contact: Faviola Medina, City Clerk Department)
In response to an inquiry from Council Member Bhat-Patel, Legislative and Constituents
Services Director Sheila Cobian explained that staff is working on finding ways to have virtual
public comments heard at in-person City Council meetings. She added that they have
obtained a quote for $25,000 for installation of equipment in the Council Chamber and she
explained that a~ditional staff from the City Clerk Department and Information Technology
would be needed to operate the equipment during the meeting.
In response to an inquiry from Co.uncil Member Bhat-Patel, Legislative and Constituents
Services Director Cobian explained that other organizations are holding virtual webinars in
conjunction with the in-person City Council meetings to have virtual public comment heard
but the equipment needed to do the same in the Council Chamber is currently not there.
Council Member Bhat-Patel proposed a start time· of 4 p.m. for future regular City Council
meetings in 2022 and asked for other City Council members' input.
Council Member Acosta expressed support for a 4 p.m. start time.
Council Member Norby expressed support for a 5 or 6 p.m. start time.
Mayor Pro Tern Blackburn expressed support for a 4 p.m. start time.
Mayor Hall expressed support for a 5 or 6 p.m. start time.
After hearing the other City Council members' input, Council Member Bhat-Patel suggested
a starting time of 5 p.m. for future regular City Council meetings in 2022.
Council Member Acosta expressed support for a 5 p.m. start time.
In response to an inquiry from Mayor Pro Tern Blackburn, Council Member Bhat-Patel
explained that the 5 p.m. change would only be for in-person City Council meetings and not
virtual meetings.
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 4
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2021-239 and change the start time for regular City Council meetings to 5 p.m.
in paragraph four of the resolution. Motion carried unanimously, 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION:
5. ADOPTION OF ORDINANCE NO. CS-406 -LOCAL COASTAL PROGRAM UPDATE -Adoption of
Ordinance No. 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 for consistency with 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: Faviola Medina, City Clerk
Department)
City Manager's Recommendation: Adopt the ordinance.
The following individual called into the City Council Meeting and voiced their comment for
the record:
Kris Wright expressed opposition to the proposals for changes to the land use for the
properties located in the Agua Hedionda Segment in the new Local Coastal Program.
City Attorney Celia Bre·wer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Norby, to adopt
Ordinance No. CS-406. Motion carried, 3/2 (Bhat-Patel, Acosta -No).
PUBLIC HEARINGS:
6. CITY OF CARLSBAD PERMITS NEEDED FOR THE INNS AT BUENA VISTA CREEK, A NEW HOTEL
DEVELOPMENT. PROJECT LOCATED IN THE CITY OF OCEANSIDE-1) Introduction of Ordinance
No. CS-407 approving amendments to the citywide zoning and local coastal program zoning
maps to modify the zoning designations on a 2.66-acre parcel to allow a zone change from
General Commercial (C-2) to Open Space (OS), and a local coastal program zone change from
General Commercial (C-2) to Open Space (OS) to correspond with a proposed wetland
buffer/habitat restoration area for an approved hotel development project in the city of
Oceanside along Carlsbad's northern border generally located south of State Route 78 and
east of Jefferson Street within the Mello II segment of the Local Coastal Program and Local
Facilities Management Zone 1 (Case Name: Inns at Buena Vista Creek; Case No: ZC 14-
03/LCPA 14-05 (DEV14058)); and
2) Adoption of' Resolution No. 2021-240 approving a General Plan Amendment and Local
Coastal Program Amendment to change the General Plan and Local Coastal Program land use
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 5
designations on a 2.66-acre parcel from Regional Commercial (R) to Open Space .(OS), and a
minor site development plan, floodplain special use permit, habitat management plan permit
and minor subdivision to 1) subdivide a 2.66 acre parcel into two Open Space parcels to
correspond with a proposed habitat restoration/wetland buffer area; 2) allow for
fire/maintenance/pedestrian access; realignment of an existing storm drain line;
improvements to an existing storm drain outlet; realignment of an existing sewer Hne,
addition of a new water service line; and minor grading within the 100-year floodplain; 3)
allow for minor improvements to the Shoppes at Carlsbad ring road and parking lot; and 4)
allow for the incidental take of species of concern in association with development of an
approved hotel project in the city of Oceanside along Carlsbad's northern border generally
located south of State Route 78 and east of Jefferson Street within the Mello II segment of
the Local Coastal Program and Local Facilities Management Zone 1 (Case Name: Inns at Buena
Vista Creek; Case Nos.: GPA 14-05/LCPA 14-05/SDP 14-14/SUP 14-05/HMP 14-03/MS 14-12
(DEV14058). (Staff contact: Jason Goff, Community Development)
City Manager's Recommendation: Take public input, close the public hearing, introduce the
ordinance and adopt the resolution.
Senior Planner Jason Goff presented the report and reviewed a PowerPoint presentation (on
file in the Office of the City Clerk).
Jenna Development representative Barry Sedlik reviewed a PowerPoint presentation (on file
in the Office of the City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 3:57 p.m.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Boris Gresely of the Carpenters/Contractors Cooperation Committee spoke about the need for
fair employment safeguards to be put in place to protect the construction workers involved in
the project.
Tl Childs questioned what land in Carlsbad would be used for this project.
Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at
4:04p.m.
In response to an inquiry from a public comment speaker, Senior Planner Goff explained that
the land would be used for open space.
In response to an inquiry from Council Member Acosta, Senior Planner Goff explained that
there will be no buildings from this project in the City of Carlsbad.
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Council Member Norby, Senior Planner Goff explained creek
restoration will occur in both the City of Oceanside side and the City of Carlsbad side.
In response to an inquiry from Mayor Hall, Senior Planner Goff explained the creek
restoration responsibility will be with the City of Carlsbad.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-407 and adopt Resolution No. 2021-240. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. AGREEMENT AND DESIGN REVIEW CHARTER FOR THE VILLAGE AND BARRIO MASTER PLAN
OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING PROCESS -Adoption of
Resolution No. 2021-241 approving a professional services agreement with AVRP Studios, Inc.
to prepare objective design standards and procedures to streamline the permitting process
for multifamily housing and mixed-use development projects within the Village and Barrio
Master Plan area, approving a charter for a Design Review Committee to review and provide
recommendations on the draft objective design standards; and appropriating grant funding
of $160,000 to the General Fund to implement the project in fiscal year 2021-2022. (Staff
contact: Shelley Glennon, Community Development)
City Manager's Recommendation: Adopt the resolution.
Mayor Hall left the meeting at 4:07 p.m. due to a conflict of interest on Item No. 7 as he owns
property in the area.
Associate Planner Shelley Glennon 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 the design standards and the Design Review
Committee.
Tl Childs urged the City Council to add more members from the Barrio area to the Design
Review Committee.
Tracy Carmichael expressed concerns with the Design Review Committee.
In response to an inquiry from a public comment speaker, City Planner Don Neu explained
that the architecture in the plan is following design guidelines and state objective
development standards.
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 7
In response to an inquiry from a public comment speaker, City Planner Neu explained that
the City Council can choose to request more residents from the Bardo area for the
committee. He also added that adding an accessory dwelling unit to a single family resident
property does not designate it as a multi-family property.
In response to an inquiry from a public comment speaker, City Planner Neu explained that
there is a similar project looking at multi-family objective design standards for the remainder
of the city and the reason it was split into two projects was because there was an interest
from the City Council to have a special focus on how the design standards were handled for
the Village. He added that the purpose is to set a standard for architecture and design
standards for designers and the community. City Planner Neu also added that grant funding
for the project is billed in increment portions so that it can be submitted to the state for
reimbursement. ·
In response to an inquiry from a public comment speaker, City Attorney Brewer explained
there is an exception in the Political Reform Act for representative interest, which means that
· someone who has a business in Carlsbad is allowed to participate in the input of the project
as long as they represent all Carlsbad business holders.
In response to an inquiry from Council Member Bhat-Patel, Associate Planner Glennon
explained that the appointment process for the committee is handle by the City Clerk's Office.
In response to an inquiry from Council Member Bhat-Patel, Associate Planner Glennon
explained that they City Council can add another member from the Village and another from
the Barrio area to the committee.
· In response to an inquiry from Council Member Acosta, City Clerk Services Manager Faviola
Medina explained that the Faraday location does not have a voting system and only the
Council Chamber has a voting system capable of casting-the votes of up to seven individuals.
Motion by Council Member Norby, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-241 and amend the committee formation to include one additional
representative from the Barrio area and one additional representative from the Village area.
Motion carried, 4/0/1 (Mayor Hall -Absent).
Mayor Pro Tem Blackburn declared a recess at 4:45 p.m.
Mayor Pro Tern Blackburn reconvened the meeting at 4:55 p.m.
Mayor Hall returned to the meeting at 4:55 p.m.
8. INFORMATION ON THE MILLS ACT -Receive an informational presentation on the purpose
of the Mills Act and provide direction to staff as appropriate. (Staff contact: Mike Strong,
Community Development)
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 8
City Manager's Recommendation: Receive the presentation.
Assistant Director of Community Development Mike Strong presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Council received the report.
Minute Motion by Council Member Norby, seconded by Council Member Bhat-Patel, to direct
staff to prepare a Mills Act Program for City Council consideration at a future date to be
determined. Motion carried unanimously, 5/0.
9. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC
MEETINGS ON NOV. 1, 2021-Discuss how to proceed with public meetings until Nov. 18,
2021 and take one of the following actions: 1) Consider adoption of Resolution No. 2021-242
making findings to authorize the continuation of virtual public meetings until Nov. 18, 2021;
or
2) Direct staff to resume in-person public meetings beginning Nov. 1, 2021. (Staff contact:
Sheila Cobian, City Manager's Department)
City Manager's Recommendation: Discuss how to proceed and consider options.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Tracy Carmichael urged the City Council to return to in-person meetings.
Tl Childs urged the City Council to return to in-person meetings.
In response to an inquiry from Mayor Pro Tern Blackburn, City Manager Scott Chadwick
explained that if the City Council was to resume in-person meetings they would all need to
wear face masks on the dais.
In response to an inquiry from Mayor Pro Tern Blackburn, City Manager Chadwick explained
that when the City Council resumed in-person meetings in July 2021 the number of COVID-
19 cases in Carlsbad was lower than what it is currently. He added that when in-person
meetings resumed in July 2021 there were 100 COVID-19 cases in Carlsbad and currently
there are 207 active cases.
In response to an inquiry from Mayor Hall, City Manager Chadwick explained that if the City
Council was to resume in-person meetings the requiring of wearing face masks in the Council
Chamber is his recommendation and is consistent with his authority as the Executive Director
of Emergency Services for the City of Carlsbad.
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 9
In response to an inquiry from Mayor Hall, City Manager Chadwick explained that at the
County Board of Supervisors meeting some ofthe members wore face masks and removed
them when they spoke during the meeting. He added that the Council Chamber is an older
building that is not conducive in maintaining space and the facility that the County Board of
Supervisors uses is able to accommodate a greater number of individuals.
In response to an inquiry from Mayor Pro Tern Blackburn, City Manager Chadwick explained
that if the City Council decides to continue virtual City Council meetings then the item would
be revisited at the Nov. 16, 2021 meeting.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-242 authorizing the continuation of virtual City Council meetings.
Motion carried, 4/1 (Hall -No).
10. DISCUSSION AND DIRECTION ON A CITYWIDE DATA POLICY AND PROGRAM -1) Receive a
report and discuss options regarding a citywide data policy and program; and
2) Adoption of Resolution No. 2021-243 authorizing the City Manager to implement a
citywide data policy and program. (Staff contact: David Graham and David Van Gilluwe,
Administrative Services Department)
City Manager's Recommendation: Receive the report, discuss options and adopt the
resolution.
Business Intel & Analytics Manager David van Gilluwe and Chief Innovation Officer David
Graham 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, Chief Innovation Officer David Graham
explained that because of the changes in technology and for the city to be able to adapt to
those changes, there is a need to have a policy that could be aut~orized by the City Council.
He added that if the City Council would like to have its own Council Policy, staff could come
back with a policy that would be in addition to what the City Council chooses to adopt with
this item.
Council received the report.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-243 and Option No. 2 -Authorizing the City Manager to implement the
citywid~ data policy and program and direct staff to develop a City Council Policy. Motion
carried unanimously, 5/0.
11. UPDATE ON CRIME STATISTICS AND POLICE DEPARTMENT'S RESPONSE TO CRIME TRENDS-
Receive update from the police department regarding crime statistics, crime trends, and
enforcement strategies. (Staff contact: Cindy Anderson and Christie Calderwood, Police
Department)
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 10
City Manager's Recommendation: Receive the update.
Police Captain Christie Calderwood 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 Bhat-Patel, Police Captain Christie
Calderwood explained that the number of violent crimes decreased from 2020 to 2021 but
the numbers could have .been affected due to the COVID-19 pandemic. She added that
because of this, the numbers were then compared to previous years and the number of
violent crimes has decreased from 2017 to 2021. She also added that Carlsbad has
experienced a 1% increase in property crimes.
In response to an inquiry from Council Member Bhat-Patel, Police Captain Calderwood
explained that if there is an increase of police patrol in a certain area it does tend to act as a
deterrent for crime.
In response to an inquiry from Mayor Hall, Police Captain Calderwood explained that the
Police Department is looking into whether there is a q:>nnection between inmates gaining
early release from jails and an increase in crime on the streets.
In response to an inquiry from Mayor Hall, Police Captain Calderwood explained that _the
Police Department is monitoring the theft of catalytic converters by working with recyding
centers. She added that the Police Department is also working with a District Attorney to
introduce state legislation that will make it illegal in the State of California to possess a freshly
cut, forcibly taken catalytic converter. She also added that the Police Department is working
with a local auto shop to provide free engravings on catalytic converters.
In response to an inquiry from Mayor Hall, Police Captain Calderwood explained that
residents using Ring and Nest cameras add a valuable tool to capture surveillance footage to
share with detectives. She also added that residents should not be afraid to call 911 or the
non-emergency line as the police are more than willing to help and send officers.
Council received the update.
12. THE FUTURE OF SHARED MOBILITY DEVICES IN CARLSBAD -Provide direction to staff on the
future of shared mobility devices in the city. (Staff contact: Edd Alberto and Tom Frank, Public
Works Department)
City Manager's Recommendation: Provide staff with direction.
Transportation Planning and Mobility Manager Nathan Schmidt presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 11
Council Member Norby announced that he had a discussion with City Attorney Celia Brewer
about a potential conflict of interest regarding investments related to this item and it was
determined that he could still participate in the discussion.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Jessie Herrera, Owner of Beach Vibe Sales and Rentals, expressed concern over bikes and
scooters left around the city and them becoming a safety hazard. He added that a shared
mobility program for Carlsbad will severely impact local bike shops.
John Orndorff, Owner of Pedego Electric Bikes Carlsbad, expressed concerns over renters of
bikes not following proper safety protocols. He also added that a shared mobility program for
Carlsbad will severely impact local bike shops.
In response to an inquiry from Council Member Bhat-Patel, Transportation Planning and
Mobility Manager Nathan Schmidt explained that credit cards are needed to rent the bikes
and a picture of your driver's license is also needed to prove you are of proper age to rent
the bikes.
In response to an inquiry from Council Member Bhat-Patel, Transportation Planning and
Mobility Manager Schmidt explained that the shared mobility program could be operated as
a pilot program similar to the City of Encinitas.
In response to an inquiry from Council Member Bhat-Patel, Transportation Planning and
Mobility Manager Schmidt explained that there is currently not enough data to show how
shared mobility programs affect bike rental businesses.
In response to an inquiry from Council Member Acosta, Transportation Planning and Mobility
Manager Schmidt explained the First Mile, Last Mile program is a benefit to the shared
mobility program because it allows citizens to use the mobility devices to go further distances
and go to the transit center or commute to work rather than walking or taking your car. ·
City Manager Scott Chadwick offered a modification to Option 1 where city staff can come
back in a year to review the City of Encinitas E-Bike Share program.
Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel,
directing staff to return to City Council in a year to review the City of Encinitas' E-Bike Share
program, and directing staff to work with existing businesses and the public to increase the
safety, parking and usability of e-bikes and scooters. Motion carried unanimously, 5/0.
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.
Oct. 19, 2021 Carlsbad City Council Regular Meeting Page 12
ANNOUNCEMENTS: Mayor Hall announced that on Thurs. Oct. 21, 2021 from 5 p.m. to 6 p.m.
at the Omni La Costa Resort & Spa at 2100 Costa Del Mar Road, some City Council members may
attend the Omni Resort Casa De La Luna unveiling ceremony.
CITY MANAGER COMMENTS: City Manager Scott Chadwick announced the event, Festival of
Lanterns: A Night of Light & Reflection on Nov. 6, 2021 from 5 p.m. to 7 p.m. at the Alga Norte
Aquatic Center at 6565 Alicante Road.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 7:13 p.m.
~
Deputy City Clerk