HomeMy WebLinkAbout2024-11-19; 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 will serve as the Carlsbad Municipal Water District Board of Directors on Consent
Calendar Item No. 5 and on Departmental and City Manager Report Item No. 13.
PLEDGE OF ALLEGIANCE: Council Member Luna led the Pledge of Allegiance.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in Recognition of Habitat Management Plan 20th Anniversary
Council Member Burkholder presented the proclamation to Senior Program Manager Roseanne
Humphrey who said a few words.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon
announced that there was no reportable action.
PUBLIC COMMENT:
Kathy Leonhard thanked the City Council and Mike Strong for their service and upholding
Carlsbad’s motto.
Mary Lucid spoke regarding kindness towards seniors.
Delores Welty spoke regarding the bluff failure at Batiquitos in Leucadia.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 and 3 through 5. Motion carried unanimously, 5/0.
1. CITY MANAGER EMPLOYMENT AGREEMENT – Adoption of Resolution No. 2024-251
approving the Amended and Restated City Manager Employment Agreement with Scott
Chadwick and a corresponding amendment to the Appointed Officials’ Salary Range Schedule.
(Staff contact: Judy von Kalinowski, Administrative Services)
Mary Lucid expressed her support for the City Manager spending one week per year in
Carlsbad.
Nov. 19, 2024, 5 p.m.
CITY COUNCIL
Minutes
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 2
This item was pulled for discussion by Council Member Luna.
2. AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE, INSTALL AND MAINTAIN
ELECTRIC VEHICLE CHARGING STATION INFRASTRUCTURE AT VETERANS MEMORIAL PARK,
CIP PROJECT NO. 4609 – Adoption of a resolution authorizing execution of an application and
agreement with San Diego Gas & Electric to provide, install, and maintain electric vehicle
charging station infrastructure as part of the Veterans Memorial Park Project. (Staff contact:
Nick Stupin, Community Services)
3. AMENDMENT NO. 1 TO THE AGREEMENT WITH ENGINEERING SYSTEMS INC. FOR THE
STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF THE SLOPE BETWEEN EL CAMINO REAL
AND TRIESTE DRIVE – Adoption of Resolution No. 2024-253 authorizing the City Manager or
designee to ratify Amendment No. 1 to the agreement with Engineering Systems Inc. for the
storm-related local emergency repair of the slope between El Camino Real and Trieste Drive.
(Staff contact: Hossein Ajideh and Jason Evans, Public Works)
4. ADVERTISE FOR BIDS FOR THE BEACH ACCESS REPAIR AND UPGRADES FROM PINE AVENUE
TO TAMARACK AVENUE PROJECT AND AUTHORIZING THE EXECUTION OF RIGHT OF ENTRY
PERMIT FROM THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR ITS
CONSTRUCTION, CIP PROJECT NO. 3896 – 1) Adoption of Resolution No. 2024-254 approving
the plans, specifications and contract documents and authorizing the City Clerk to advertise
for bids for the Beach Access Repair and Upgrades from Pine Avenue to Tamarack Avenue
Project; and
2) Adoption of Resolution No. 2024-255 authorizing the execution of the right of entry permit
with the State of California Department of Parks and Recreation to construct the Beach
Access Repair and Upgrades from Pine Avenue to Tamarack Avenue Project. (Staff contact:
Eric Zielke and Tom Frank, Public Works)
5. ADVERTISE FOR BIDS FOR THE B-TAP RESERVOIR IMPROVEMENTS PROJECT, CIP PROJECT NO.
5024-6 Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1752
approving the plans, specifications and contract documents and authorizing the Secretary to
the Board of Directors to advertise for bids for the B-TAP Reservoir Improvements Project.
(Staff contact: Dave Padilla and Markus Mohrle, Public Works)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
This item was pulled for discussion by Council Member Luna.
2. AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE, INSTALL AND MAINTAIN
ELECTRIC VEHICLE CHARGING STATION INFRASTRUCTURE AT VETERANS MEMORIAL PARK,
CIP PROJECT NO. 4609 – Adoption of Resolution No. 2024-252 authorizing execution of an
application and agreement with San Diego Gas & Electric to provide, install, and maintain
electric vehicle charging station infrastructure as part of the Veterans Memorial Park Project.
(Staff contact: Nick Stupin, Community Services)
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 3
In response to Council Member Luna’s request, Park Planning Nick Stupin outlined the options
in the staff report.
Motion by Council Member Luna, seconded by Council Member Burkholder, to adopt
Resolution No. 2024-252. Motion carried unanimously, 5/0.
BOARD AND COMMISSION MEMBER APPOINTMENTS: None.
ORDINANCES FOR INTRODUCTION:
6. ORDINANCE MODIFYING CITY TREASURER EDUCATION ELIGIBILITY REQUIREMENTS –
Introduction of Ordinance No. CS-478 amending Title 2, Chapter 2.04, Section 2.04.040(C)(1)
of the Carlsbad Municipal Code relating to eligibility for the Office of City Treasurer. (Staff
contact: Sheila Cobian, City Manager)
City Manager’s Recommendation: Introduce Ordinance No. CS-478.
City Attorney Cindie McMahon and Legislative & Constituent Services Director Sheila Cobian
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, introducing
Ordinance No. CS-478. Motion carried unanimously, 5/0.
ORDINANCES FOR ADOPTION:
7. ORDINANCE NO. CS-477 AMENDING TITLE 2, CHAPTER 2.12 SECTION 2.12.010 OF THE
CARLSBAD MUNICIPAL CODE RELATING TO RESIDENCY REQUIREMENTS OF THE CITY
MANAGER – Adoption of Ordinance No. CS-477 amending Title 2, Chapter 2.12, Section
2.12.010 of the Carlsbad Municipal Code relating to residency requirements of the City
Manager. (Staff contact: Faviola Medina, City Clerk)
City Manager’s Recommendation: Adopt Ordinance No. CS-477.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, adopting
Ordinance No. CS-477. Motion carried unanimously, 5/0.
PUBLIC HEARING:
8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEARS 2025-2030 DRAFT
CONSOLIDATED PLAN PRIORITIES AND AUTHORIZATION TO RELEASE A NOTICE OF FUNDING
AVAILABILITY TO SOLICIT APPLICATIONS FOR GRANT-FUNDED PROJECTS FOR FISCAL YEAR
2025-26 – 1) Hold a public hearing; and
2) Adoption of Resolution No. 2024-256 approving the Fiscal Years 2025-2030 Draft
Community Development Block Grant (CDBG) Consolidated Plan priorities and authorizing
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 4
the release of a Notice of Funding availability for CDBG-funded projects for 2025-26. (Staff
contact: Christian Gutierrez, Community Services)
City Manager’s Recommendation: Take public input, close the public hearing and adopt the
resolution.
Housing Services Manager Christian Gutierrez and RSG Representative Dominique Clark
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 5:31 p.m.
Seeing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
5:31 p.m.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2024-256. Motion carried unanimously, 5/0.
9. ADOPTION OF CODE REQUIREMENTS AND PERMIT REVIEW PROCEDURES FOR NEW OR
EXPANDED AIRPORT LAND USES – GPA2024-0001, ZCA2024-003, LCPA2024-0021, AND
OAJ2024-0001 (PUB2024-0008) – 1) Hold a public hearing; and
2) Adoption of Resolution No. 2024-257 adopting Addendum No. 2 to the Housing Element
Implementation and Public Safety Element Update Supplement Environmental Impact Report
(Case Name: Code Amendments for New and Expanded Airport Land Uses; Case No.;
EIA2024-0004 (PUB2024-0008)); and
3) Adoption of Resolution No. 2024-258 adopting amendments to the General Plan Land Use
and Community Design Element to specify and clarify code requirements and permit review
procedures for new and expanded airport land uses (Case Name: Code Amendments for New
and Expanded Airport Uses; Case No.: GPA2024-0001 (PUB2024-0008)); and
4) Introduction of Ordinance No. CS-479 adopting a Zone Code amendment and a Local
Coastal Program amendment to the zoning Ordinance (Title 21) of the Carlsbad Municipal
Code to specify and clarify code requirements and permit review procedures for new and
expanded airport land uses (Case Name: Code Amendments for New and Expanded Airport
Land Uses; Case Nos.: ZCA2024-0003 / LCPA2024-0021 (PUB2024-0008)); and
5) Adoption of Resolution No. 2024-259 adopting procedures to implement California Public
Utilities Code Section 21661.6 (Case Name: Code Amendments for New and Expanded Airport
Land Uses; Case No.: OAJ2024-0001 (PUB2024-0008)). (Staff contact: Mike Strong,
Community Services)
City Manager’s Recommendation: Take public input, close the public hearing and adopt the
resolution.
Assistant Director of Community Development Mike Strong and Senior Assistant City
Attorney Allegra Frost presented the report and reviewed a PowerPoint presentation (on file
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 5
in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 5:39 p.m.
Mary Lucid thanked Citizens for a Friendly Airport for their hard work regarding the airport.
Hope Nelson expressed her appreciation for the City Council and staff’s hard work for
asserting local control at the Palomar airport.
Vickey Syage, representing a group consisting of Barbara Campbell, David Shin, Kathy
Bagwell, expressed her appreciation for the culmination of seven years of work.
Palomar Airport Advisory Committee Member Shirley Anderson expressed her appreciation
for city staff and the City Council.
County of San Diego Director of Airports Jamie Abbott requested the City Council take the
County’s position that the development of Palomar Airport is within the current authority of
the conditional use permit and federal preemption guidance from the FAA into their
consideration when approving the changes to the General Plan zoning ordinance and local
coastal program related to the current airport use and development.
Dominick Betro expressed his appreciation to the City Council and staff for their hard work on
the Palomar Airport matter.
Suzie Thorley spoke regarding a 45 year old County of San Diego report stating the City of
Carlsbad would have final authority for Palomar Airport expansion plans.
Michael Schertzer spoke in support of Citizens for a Friendly Airport for their work and
commented on the annexation document.
Palomar Airport Advisory Committee Member Howard Krausz spoke in support of the City of
Carlsbad controlling land use in and around Palomar Airport.
Seeing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing
at 6:06 p.m.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Luna, to adopt
Resolution Nos. 2024-257, 2024-258 and 2024-259, and to introduce Ordinance No. CS-479.
Motion carried unanimously, 5/0.
Mayor Blackburn called for a recess at 6:10 p.m.
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 6
Mayor Blackburn reconvened the duly noticed meeting at 6:21 p.m.
10. PUBLIC NUISANCE ABATEMENT HEARING – 2921 ROOSEVELT STREET – 1) Hold a public
hearing; and 2) Adoption of Resolution No. 2024-260 finding that the conditions on private
property located at 2921 Roosevelt Street (APN 203-292-10-00) constitute a public nuisance
and ordering abatement of the public nuisance pursuant to Chapter 6.16 (Public Nuisances
of Property Maintenance) of Title 6 (Health and Sanitation) of the Carlsbad Municipal Code.
(Staff contact: Mike Strong and Robbie Hickerson, Community Services)
City Manager’s Recommendation: Take public input, close the public hearing and adopt the
resolution.
Assistant Director of Community Development Mike Strong and Code Enforcement Manager
Robbie Hickerson 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 6:29 p.m.
Sam Kelsall expressed his concerns with the presentation.
Joyce Wise spoke regarding the issues she has had with her business that is located next to
the subject property.
Seeing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing
at 6:36 p.m.
Motion by Mayor Blackburn, seconded by Council Member Acosta, to adopt Resolution No.
2024-260. Motion carried unanimously, 5/0.
11. PUBLIC NUISANCE ABATEMENT HEARING – 2726 WILSON STREET – 1) Hold a public hearing;
and
2) Adoption of Resolution No. 2024-261 finding that the conditions on private property
located at 2726 Wilson Street (APN 156-152-15-00) constitute a public nuisance and ordering
abatement of the public nuisance in accordance with Chapter 6.16 – Public Nuisances of
Property Maintenance of Carlsbad Municipal Code Title 6 – Health and Sanitation. (Staff
contact: Mike Strong and Robbie Hickerson, Community Services)
City Manager’s Recommendation: Take public input, close the public hearing and adopt the
resolution.
Assistant Director of Community Development Mike Strong and Code Enforcement Manager
Robbie Hickerson presented the report and reviewed a PowerPoint presentation (on file in
the Office of the City Clerk).
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 7
Mayor Blackburn opened the duly noticed public hearing at 6:47 p.m.
Seeing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
6:47 p.m.
Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, to adopt Resolution
No. 2024-261. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. IMPLEMENTATION PROGRAM FOR THE CARLSBAD TOMORROW GROWTH MANAGEMENT
CITIZENS COMMITTEE’S RECOMMENDATIONS TO AMEND THE CITY’S GROWTH
MANAGEMENT PROGRAM – Adoption of Resolution No. 2024-262 approving the
implementation program for the Carlsbad Tomorrow Growth Management Citizens
Committee’s recommendations to amend the Growth Management Program. (Staff contact:
Eric Lardy, Community Services)
City Manager’s Recommendation: Adopt the resolution.
Planning Director Eric Lardy presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
Dolores Welty spoke regarding the open space requirements.
Jan Neff-Sinclair spoke regarding open space and requested the item be delayed.
Don Christiansen requested the item be delayed until open space can be addressed.
North County Advocates representative Howard Krausz spoke regarding areas exempt from
open space requirements.
Preserve Calavera representative Diane Nygaard spoke regarding the original performance
standards for open space of 25% citywide and 15% unconstrained in each of the 25 zones and
that only 8 of the 25 zones would be updated to housing and not used for open space.
In response to Council Member Burkholder’s inquiry, Parks & Recreation Director Kyle
Lancaster explained that the Park & Recreation Commission’s purview is strictly on city-
owned park and recreation properties. Director Lancaster also explained that if the City
Council wishes for the commission’s duties to change, that will require an amendment to the
Carlsbad Municipal Code or to bring back the discussion regarding a Sustainability
Commission.
Motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel, to adopt
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 8
Resolution No. 2024-262. Motion carried unanimously, 5/0.
Minute Motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel, directing
staff to add the topic of open space to the conversation of developing a new Environmental
Sustainability Commission and to include adopting a policy that discourages exceptions to the
policy standards that would decrease open space. Motion carried unanimously, 5/0.
13. UPDATE ON THE MAERKLE RESERVOIR SOLAR PROJECT AND NEXT STEPS – Receive an update
on an initial site constraints analysis for the Maerkle Reservoir Solar Project and provide input
to staff on next steps, including whether to proceed with a feasibility study. (Staff contact:
Amanda Flesse and David Padilla, Public Works)
City Manager’s Recommendation: Receive the update.
Utilities Director Amanda Flesse presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
City Council received the update.
Don Christiansen spoke regarding his meeting with the Clean Energy Alliance and
Intergovernmental Affairs Director Jason Haber which was focused on local energy
production.
Robert Gilleskie spoke regarding the benefit and safety of microgrids.
Paige DeCino spoke in support of the full feasibility study.
In response to Council Member Burkholder’s inquiry, Utilities Director Flesse explained that
a feasibility study would be required to resolve any issues regarding a potential fire from
battery storage.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve
Option No. 1, to proceed as planned with a comprehensive feasibility study, including:
• System financing, development and operating models
• System sizing, including energy production and storage capacity
• Energy off-taker/load serving entity the electric service provider to partner with
• Site’s land use constraints (including access and fire safety, surrounding neighborhood
proximity and habitat protection)
• City and regional environmental considerations
• Site’s design considerations
• Electrical grid interconnection
• Potential business models, such as a CMWD-owned and operated project, a power purchase
agreement or a CMWD land lease. Motion carried, 4/1 (Burkholder – No).
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 9
14. ALL-WAY STOP CONTROL EVALUATION FOR ADAMS STREET AND HOOVER STREET – Receive
a report for consideration of an all-way stop control at the intersection of Adams Street and
Hoover Street. (Staff contact: John Kim, Public Works)
City Manager’s Recommendation: Receive the report.
City Traffic Engineer John Kim presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
City Council received the report.
Minute Motion by Mayor Blackburn, seconded by Council Member Burkholder, directing staff
to install an all-way stop sign at the corner of Adams Street and Hoover Street. Motion carried
unanimously, 5/0.
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.
Minute motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, directing the City
Manager to return to the City Council on a future agenda with an amendment to the Carlsbad
Municipal Code that would modify the prohibition of dogs in city parks to allow for leashed dogs
and owners to walk on the sidewalks or pathways within our city parks.
City Council discussion ensued.
Mayor Blackburn called for a recess at 8:03 p.m.
Mayor Blackburn reconvened the duly noticed meeting at 8:09 p.m.
Minute motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, directing the City
Manager to return to the City Council on a future agenda with a discussion item related to
leashed and unleashed dogs in the City of Carlsbad and where enforcement occurs. Motion
carried unanimously, 5/0.
City Attorney McMahon explained Item No. 14 will return to a future meeting with a resolution
requesting the all-way stop sign at the corner of Adams Street and Hoover Street.
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.
Nov. 19, 2024 Carlsbad City Council Regular Meeting Page 10
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:10 p.m.
c im,Nl-u ~
Tamara R. McMinn, CPMC, CMC
Senior Deputy City Clerk