HomeMy WebLinkAbout2023-01-10; City Council; Agendas (2)
The City Council also sits as the Carlsbad Municipal Water District Board, Public Financing Authority Board, Community Development
Commission and Successor Agency to the Redevelopment Agency. When considering items presented to the Carlsbad Municipal Water
District Board, each member receives an additional $100 per meeting (max $300/month). When considering items presented to the
Community Development Commission each member receives an additional $75 per meeting (max $150/month).
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about
topics coming before the City Council and the action recommended by city staff. You can read about each topic in
the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also
available to answer any questions you have about City Council meeting procedures.
How to Watch
The City of Carlsbad provides three ways to watch a City Council meeting:
In Person
On TV Online
Most City Council meetings take
place at City Hall, 1200 Carlsbad
Village Drive
Watch live and replays of meetings
on Charter Spectrum channel 24
and AT&T U-verse channel 99
Watch the livestream and replay past meetings on the city
website,
https://www.carlsbadca.gov/residents/communication/city-
tv-channel
How to Participate
If you would like to provide comments to the City Council, please:
• Fill out a speaker request form, located in the foyer.
• Submit the form to the City Clerk before the item begins.
• When it’s your turn, the City Clerk will call your name and invite you to the podium.
• Speakers have three minutes, unless the presiding officer (usually the Mayor) changes that time.
• You may not give your time to another person, but can create a group. A group must select a single speaker
as long as three other members of your group are present. All forms must be submitted to the City Clerk
before the item begins and will only be accepted for items listed on the agenda (not for general public
comment at the beginning of the meeting). Group representatives have 10 minutes unless that time is
changed by the presiding officer or the City Council.
Reasonable Accommodations
Reasonable Accommodations Persons with a disability may request an agenda packet in appropriate alternative
formats as required by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids
will be provided to effectively allow participation in the meeting. Please contact the City Manager’s Office at 442-
339-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on
the Monday before the meeting to make arrangements. City staff will respond to requests by noon on Tuesday, the
day of the meeting, and will seek to resolve requests before the start of the meeting in order to maximize
accessibility.
More information about City Council meeting procedures can be found at the end of this agenda and in the
Carlsbad Municipal Code chapter 1.20.
Jan. 10, 2023, 5 p.m.
Jan. 10, 2023 Page 2
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder.
ANNOUNCEMENT OF CONCURRENT MEETINGS:
INVOCATION:
PLEDGE OF ALLEGIANCE: Council Member Bhat-Patel led the Pledge of Allegiance.
APPROVAL OF MINUTES:
PRESENTATIONS:
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action.
PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the
agenda. Please treat others with courtesy, civility, and respect. Members of the public may participate in
the meeting by submitting comments as provided on the front page of this agenda. The City Council will
receive comments as requested up to a total of 15 minutes in the beginning of the meeting. All other non-
agenda public comments will be heard at the end of the meeting. In conformance with the Brown Act, no
action can occur on these items.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted
by one motion as listed below. There will be no separate discussion on these items prior to the time the
Council votes on the motion unless members of the Council, the City Manager, or the public request specific
items be discussed and/or removed from the Consent Calendar for separate action.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. ADVERTISE FOR BIDS FOR THE PUBLIC PARKING LOTS AMERICANS WITH DISABILITIES ACT
IMPROVEMENT PROJECT, CIP PROJECT NOS. 6049 AND 6052 – Adoption of a resolution approving the
plans and specifications and authorizing the City Clerk to advertise for bids for the Public Parking Lots
Americans with Disabilities Act Improvement Project. (Staff contact: Scott Lyle and Hossein Ajideh,
Public Works Department)
ACTION: Adopted Resolution No. 2023-001 – 4/0.
2. MEMORANDUM OF UNDERSTANDING FOR A HOME ENERGY SCORE DEMONSTRATION PILOT
PROGRAM – Adoption of a resolution authorizing the City Manager or designee to execute a
memorandum of understanding with the Energy Council to develop a home energy score
demonstration pilot program. (Staff contact: Katie Hentrich and James Wood, Public Works
Department)
ACTION: Adopted Resolution No. 2023-002 – 4/0.
3. AGREEMENT WITH DENNIS GRUBB & ASSOCIATES, LLC FOR FIRE PLAN REVIEW SERVICES – Adoption
of a resolution awarding a professional services agreement with Dennis Grubb & Associates, LLC, for
fire plan review services. (Staff contact: Randy Metz, Fire Department)
ACTION: Adopted Resolution No. 2023-003 – 4/0.
Jan. 10, 2023 Page 3
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
4. FISCAL YEAR 2023-24 FUNDING PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND A SUBSTANTIAL AMENDMENT TO FISCAL YEAR 2022-23 ACTION PLAN – 1) Adoption of a
resolution approving the Fiscal Year 2023-24 Funding Plan and authorizing the distribution of the Fiscal
Year 2023-24 Notice of Funding Availability for the Community Development Block Grant Program;
and
2) Adoption of a resolution approving the Fiscal Year 2022-23 Amended Annual Action Plan, and
authorizing the submittal to the U.S. Department of Housing and Urban Development to appropriate
an additional $253,018 to the Community Development Block Grant Special Revenue Fund’s fiscal year
2022-23 operating budget. (Staff contact: Nicole Piano-Jones, Housing & Homeless Services
Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the
resolutions.
ACTION: Adopted Resolution No. 2023-004; and
Adopted Resolution No. 2023-005 – 4/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
5. WORK PLANS FOR THE PARKS & RECREATION COMMISSION, THE SENIOR COMMISSION AND THE
BEACH PRESERVATION COMMISSION – 1) Adoption of a resolution accepting the fiscal year 2021-22
Parks & Recreation Commission Work Plan report of accomplishments and approving the fiscal year
2022-23 Parks & Recreation Commission Work Plan; and
2) Adoption of a resolution accepting the fiscal year 2021-22 Senior Commission Work Plan report of
accomplishments and approving the fiscal year 2022-23 Senior Commission Work Plan; and
3) Adoption of a resolution accepting the fiscal year 2021-22 Beach Preservation Commission Work
Plan report of accomplishments and approving the fiscal year 2022-23 Beach Preservation Commission
Work Plan. (Staff contact: Mick Calarco, Margaret Hamer and Michael Tully, Parks & Recreation
Department)
City Manager’s Recommendation: Adopt the resolutions.
ACTION: Adopted Resolution No. 2023-006; and
Adopted Resolution No. 2023-007; and
Adopted Resolution No. 2023-008 – 4/0.
6. 2023 LEGISLATIVE PLATFORM AND LEGISLATIVE PROGRAM UPDATE – 1) Adoption of a resolution
approving the City of Carlsbad 2023 Legislative Platform; and
2) Direct staff to advocate for two city-sponsored state legislative proposals and for federal, state, and
county funding for specified city projects; and
3) Receive reports on state and federal legislative and budget activity and recent and ongoing advocacy
efforts and provide feedback to staff. (Staff contact: Jason Haber, City Manager’s Department)
Jan. 10, 2023 Page 4
City Manager’s Recommendation: Receive the report, adopt the resolution and provide direction
to staff, if necessary.
ACTION: Adopted Resolution No. 2023-009 with amendments (see minutes for details) – 4/0;
and
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to
advocate for two city-sponsored legislative proposals and for federal, state and county
funding for specified city projects – 4/0; and
Council received the report.
7. ECONOMIC DEVELOPMENT STRATEGIC PLAN – 1) Receive the report; and
2) Adoption of a resolution adopting the Economic Development Strategic Plan; and
3) Direct staff to evaluate, revise and update the draft strategic actions associated with the plan and
make any necessary budgetary recommendations during the annual budget process beginning with
fiscal year 2023-24. (Staff contact: David Graham and Matt Sanford, Administrative Services
Department)
City Manager’s Recommendation: Receive the report, adopt the resolution and provide direction
to staff, if necessary.
ACTION: Council received the report; and
Adopted Resolution No. 2023-010 – 4/0; and
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta to
evaluate, revise and update the draft strategic actions associated with the plan and
make any necessary budgetary recommendations during the annual budget process
beginning with fiscal year 2023-24 – 4/0.
8. DECLARING THE EXISTENCE OF A CITY COUNCIL MEMBER DISTRICT 2 VACANCY AND CONSIDERING
OPTIONS TO FILL THE VACANCY – 1) Adoption of a resolution declaring the existence of a City Council
Member District 2 vacancy; and
2) Consider options to fill the vacancy and depending on the option selected by the City Council, by
motion take one of the following actions:
(A)● Adoption of a resolution calling for a special election on Tuesday, Nov. 7, 2023, for the election
of a City Council Member – District 2 for a term ending November 2024 as required by the
provisions of the laws of the State of California relating to charter cities; and
• Adoption of a resolution requesting consolidation services from the San Diego Registrar of
Voters for the Nov. 7, 2023, special election; and
• Adoption of a resolution adopting regulations for candidates for elective office pertaining to
Candidates’ Statements submitted to the voters at the special election to be held in the City of
Carlsbad on Tuesday, Nov. 7, 2023; or
(B) Direct staff to prepare a notice of vacancy and use the application and appointment process
most recently used to fill the District 1 vacancy; or
(C) Direct staff to prepare a notice of vacancy and return to the City Council on Jan. 24, 2023, with
a proposed application and appointment process for City Council approval based on input received
at this meeting. (Staff contact: Faviola Medina, City Clerk’s Department and Sheila Cobian, City
Jan. 10, 2023 Page 5
Manager’s Department)
City Manager’s Recommendation: Adopt the resolution and provide direction as appropriate.
ACTION: Adopted Resolution No. 2023-011 – 4/0; and
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to
approve Option B with modifications (see minutes for details) – 4/0.
9. REORGANIZATION OF THE CITY COUNCIL, ELECTION OF MAYOR PRO TEMPORE, REGIONAL
COMMITTEE ASSIGNMENTS AND SUBCOMMITTEE ASSIGNMENTS – 1) Adoption of a resolution
appointing one member of the City Council to serve as Mayor Pro Tempore for a term ending in
December 2023, or until a replacement is appointed; and
2) Adoption of a resolution appointing members of the City Council to the San Diego Association of
Governments Board of Directors; and
3) Adoption of a resolution appointing members of the City Council to the North County Transit District
Board of Directors; and
4) Adoption of a resolution confirming the mayoral appointment of a member of the City Council to
the San Diego County Water Authority Board of Directors; and
5) Adoption of a resolution appointing members of the City Council to the Clean Energy Alliance Joint
Powers Authority Board of Directors; and
6) Adoption of a resolution confirming the mayoral appointments of members of the City Council to
the various regional committee assignments; and
7) Adoption of a resolution confirming the mayoral appointments of members of the City Council to
the various subcommittee assignments. (Staff contact: Faviola Medina, City Clerk’s Department)
City Manager’s Recommendation: Adopt the resolutions.
ACTION: Adopted Resolution No. 2023-012, appointing Council Member Bhat-Patel as
Mayor Pro Tempore – 4/0; and
Adopted Resolution No. 2023-013, appointing Council Member Bhat-Patel as
Primary Member and Council Member Burkholder as Alternate Member to the
North County Transit District Board of Directors – 4/0; and
Adopted Resolution No. 2023-014, appointing Council Member Acosta to the San
Diego County Water Authority Board of Directors – 4/0; and
Adopted Resolution No. 2023-015, appointing Council Member Bhat-Patel as
Primary Member and Council Member Acosta as Alternate Member to the Clean
Energy Alliance JPA – 4/0; and
Adopted Resolution No. 2023-016 confirming the Mayoral appointments of
members of the City Council to the various regional committee assignments (see
minutes for details) – 4/0; and
Adopted Resolution No. 2023-017 confirming the Mayoral appointments of
members of the City Council to the various subcommittee assignments (see
minutes for details)– 4/0.
10. MAYORAL, DISTRICT 1 AND DISTRICT 3 APPOINTMENTS OF FIVE MEMBERS TO THE PARKS &
RECREATION COMMISSION – 1) Adoption of a resolution appointing one member to the Parks &
Recreation Commission; and
Jan. 10, 2023 Page 6
2) Adoption of a resolution appointing one member to the Parks & Recreation Commission; and
3) Adoption of a resolution appointing one member to the Parks & Recreation Commission; and
4) Adoption of a resolution appointing one member to the Parks & Recreation Commission; and
5) Adoption of a resolution appointing one member to the Parks & Recreation Commission. (Staff
contact: Tammy McMinn, City Clerk’s Department)
City Manager’s Recommendation: Adopt the resolutions.
ACTION: Adopted Resolution No. 2023-018 appointing Deborah Rasines to the Parks &
Recreation Commission – 4/0; and
Adopted Resolution No. 2023-019 appointing Shelly Sander to the Parks & Recreation
Commission – 4/0; and
Adopted Resolution No. 2023-020 appointing Robert Winston to the Parks &
Recreation Commission – 4/0; and
Adopted Resolution No. 2023-021 appointing Matthew Bartels to the Parks &
Recreation Commission – 4/0; and
Adopted Resolution No. 2023-022 appointing Amy Allemann to the Parks & Recreation
Commission – 4/0.
11. MAYORAL, DISTRICT 1 AND DISTRICT 3 APPOINTMENTS OF THREE MEMBERS TO THE PLANNING
COMMISSION – 1) Adoption of a resolution appointing one member to the Planning Commission; and
2) Adoption of a resolution appointing one member to the Planning Commission; and
3) Adoption of a resolution appointing one member to the Planning Commission. (Staff contact:
Tammy McMinn, City Clerk’s Department)
City Manager’s Recommendation: Adopt the resolutions.
ACTION: Adopted Resolution No. 2023-023 appointing Peter Merz to the Planning Commission
– 4/0; and
Adopted Resolution No. 2023-024 appointing Alicia Lafferty to the Planning
Commission – 4/0; and
Adopted Resolution No. 2023-025 appointing Joseph Stine to the Planning Commission
– 4/0.
12. MAYORAL, DISTRICT 1 AND DISTRICT 3 APPOINTMENT OF FIVE MEMBERS TO THE TRAFFIC & MOBILITY
COMMISSION – 1) Adoption of a resolution appointing one member to the Traffic and Mobility
Commission; and
2) Adoption of a resolution appointing one member to the Traffic and Mobility Commission; and
3) Adoption of a resolution appointing one member to the Traffic and Mobility Commission; and
4) Adoption of a resolution appointing one member to the Traffic and Mobility Commission; and
5) Adoption of a resolution appointing one member to the Traffic and Mobility Commission. (Staff
contact: Tammy McMinn, City Clerk’s Department)
City Manager’s Recommendation: Adopt the resolutions.
ACTION: Adopted Resolution No. 2023-026 appointing Edward Newlands to the Traffic &
Mobility Commission – 4/0; and
Adopted Resolution No. 2023-027 appointing Verenice Garcia to the Traffic & Mobility
Jan. 10, 2023 Page 7
Commission – 4/0; and
Adopted Resolution No. 2023-028 appointing Diane Proulx to the Traffic & Mobility
Commission – 4/0; and
Adopted Resolution No. 2023-029 appointing Peter Penseyres to the Traffic & Mobility
Commission – 4/0; and
Adopted Resolution No. 2023-030 appointing Peter Kohl to the Traffic & Mobility
Commission – 4/0.
13. MAYORAL APPOINTMENT OF ONE MEMBER TO THE BEACH PRESERVATION COMMISSION – Adoption
of a resolution appointing one member to the Beach Preservation Commission. (Staff contact: Tammy
McMinn, City Clerk’s Department)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2023-031 appointing Cynthia Norall to the Beach Preservation
Commission – 4/0.
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
City Council Regional Assignments (Revised 1/11/22)
Keith Blackburn
Mayor
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
SANDAG Board of Directors (2nd alternate)
Melanie Burkholder
Council Member – District 1
Vacant
District 2
Priya Bhat-Patel
Council Member – District 3
Chamber of Commerce (alternate)
City/School Committee
Clean Energy Alliance JPA (alternate)
Economic Development Subcommittee
League of California Cities – SD Division (alternate)
North County Dispatch Joint Powers Authority (alternate)
North County Homeless Action Committee
North County Transit District (primary)
SANDAG Board of Directors (1st alternate)
Teresa Acosta
Council Member – District 4
Chamber of Commerce Liaison (primary)
City Council Legislative Subcommittee
City/School Committee
Clean Energy Alliance JPA (primary)
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
League of California Cities – SD Division
North County Transit District (alternate)
PUBLIC COMMENT: Continuation of the Public Comments
Jan. 10, 2023 Page 8
This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding
the total time allotted in the first public comments section. In conformance with the Brown Act, no Council
action can occur on these items.
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:
CITY ATTORNEY COMMENTS:
ADJOURNMENT: 9 p.m.
City Council Meeting Procedures (continued from page 1)
Written Materials
Written materials related to the agenda that are submitted to the City Council after the agenda packet has been published will
be available for review prior to the meeting during normal business hours at the City Clerk’s office, 1200 Carlsbad Village Drive
and on the city website. To review these materials during the meeting, please see the City Clerk.
Visual Materials
Visual materials, such as pictures, charts, maps or slides, are allowed for comments on agenda items, not general public
comment. Please contact the City Manager’s Office at 442-339-2820 or manager@carlsbadca.gov to make arrangements in
advance. All materials must be received by the City Manager’s Office no later than noon the day before the meeting. The time
spent presenting visual materials is included in the maximum time limit provided to speakers. All materials exhibited to the City
Council during the meeting are part of the public record. Please note that video presentations are not allowed.
Decorum
All participants are expected to conduct themselves with mutual respect. Loud, boisterous and unruly behavior can interfere
with the ability of the City Council to conduct the people’s business. That’s why it is illegal to disrupt a City Council meeting.
Following a warning from the presiding officer, those engaging in disruptive behavior are subject to law enforcement action.
City Council Agenda
The City Council follows a regular order of business that is specified in the Carlsbad Municipal Code. The City Council may only
make decisions about topics listed on the agenda.
Presentations
The City Council often recognizes individuals and groups for achievements and contributions to the community. Well-wishers
often fill the chamber during presentations to show their support and perhaps get a photo. If you don’t see an open seat when
you arrive, there will likely be one once the presentations are over.
Consent Items
Consent items are considered routine and may be enacted together by one motion and vote. Any City Council member may
remove or “pull” an item from the “consent calendar” for a separate vote. Members of the public may pull an item from the
consent calendar by requesting to speak about that item. A speaker request form must be submitted to the clerk prior to the
start of the consent portion of the agenda.
Public Comment
Members of the public may speak on any city related item that does not appear on the agenda. State law prohibits the City
Council from taking action on items not listed on the agenda. Comments requiring follow up will be referred to staff and, if
appropriate, considered at a future City Council meeting. Members of the public are also welcome to provide comments on
agenda items during the portions of the meeting when those items are being discussed. In both cases, a request to speak form
must be submitted to the clerk in advance of that portion of the meeting beginning.
Public Hearing
Certain actions by the City Council require a “public hearing,” which is a time within the regular meeting that has been set aside
and noticed according to different rules.
Departmental Reports
Jan. 10, 2023 Page 9
This part of the agenda is for items that are not considered routine and do not require a public hearing. These items are usually
presented to the City Council by city staff and can be informational in nature or require action. The staff report about each item
indicates the purpose of the item and whether or not action is requested.
Other Reports
At the end of each meeting, City Council members and the City Manager, City Attorney and City Clerk are given an opportunity
to share information. This usually includes reports about recent meetings, regional issues, and recent or upcoming meetings
and events.
City Council Actions
Resolution
A resolution is an official statement of City Council policy that directs administrative or legal action or embodies a public City
Council statement. A resolution may be introduced and adopted at the same meeting. Once adopted, it remains City Council
policy until changed by subsequent City Council resolution.
Ordinance
Ordinances are city laws contained in the Carlsbad Municipal Code. Enacting a new city law or changing an existing one is a
two-step process. First, the ordinance is “introduced” by city staff to the City Council. If the City Council votes in favor of the
introduction, the ordinance will be placed on a subsequent City Council meeting agenda for “adoption.” If the City Council votes
to adopt the ordinance, it will usually go into effect 30 days later.
Motion
A motion is used to propose City Council direction related to an item on the agenda. Any City Council member may make a
motion. A motion must receive a “second” from another City Council member to be eligible for a City Council vote.