HomeMy WebLinkAbout2023-12-12; 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
In Person
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City Council Chamber
1200 Carlsbad Village Drive
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Spectrum 24 and AT&T U-verse 99
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carlsbadca.gov/watch
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.
Dec. 12, 2023, 5 p.m.
CITY COUNCIL
Agenda
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Spectrum 24
AT&T U-verse 99
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is also serving as the Carlsbad Municipal
Water District Board of Directors on Consent Calendar Item No. 1 and Departmental and City Manager
Report Item No. 13.
PLEDGE OF ALLEGIANCE : Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Nov. 7, 2023
Minutes of the Regular Meeting held Nov. 14, 2023
Minutes of the Special Meeting held Dec. 5, 2023
ACTION: Minutes were approved as presented-5/0.
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.
1. ANNUAL FINANCIAL INFORMATION REPORT ON CAPITAL PROJECT FUNDS AND SPECIAL TAXES-
1) Adoption of a resolution of the City Council of the City of Carlsbad accepting the Annual Financial
Information Report on Capital Project Funds and Special Taxes; and
2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution accepting the Annual
Financial Information Report on Capital Project Funds and Special Taxes. (Staff contact: Kim Riboni,
Administrative Services)
ACTION: Adopted Resolution No. 2023-283; and
Adopted Resolution No. 1721-5/0.
2. REPORT ON CITY INVESTMENTS AS OF OCT. 31, 2023 -Accept and file Report on City Investments as
of Oct. 31, 2023. (Staff contact: Craig Lindholm and Roxanne Muhlmeister, Administrative Services)
ACTION: Council received the report -5/0.
Dec. 12,2023 Page 2
3. REVISIONS TO THE CARLSBAD PART-TIME, UNREPRESENTED, AND UNCLASSIFIED EMPLOYEES' SALARY
SCHEDULES AND REVISIONS TO THE UNREPRESENTED EMPLOYEES COMPENSATION AND BENEFITS
PL:AN -Adoption of a resolution approving revisions to the City of Carlsbad Part-Time Salary Schedule,
Unrepresented Employees Salary Schedule, Unclassified (Emergency Medical Technician) Employees
Salary Schedule, and Unrepresented Employees Compensation and Benefits Plan, effective Jan. 1,
2024, and authorizing pay increases for part-time, unrepresented, and unclassified employees,
effective Jan. 1, 2024. (Staff contact: Silvano Rodriguez and Judy von Kalinowski, Administrative
Services)
ACTION: Adopted Resolution No. 2023-284-5/0.
4. RENEWAL OF PALO ALTO/WILDFIRE FIREWALL MAINTENANCE AND LICENSING WITH CDW
GOVERNMENT, LLC -Adoption of a resolution authorizing the City Manager to execute documents
necessary to procure Palo Alto/Wildfire Firewall Maintenance and Licensing Services through Dec. 30,
2024, from CDW Government, LLC in an amount not to exceed $159,921. (Staff contact: Maria
Callander, Administrative Services)
ACTION: Adopted Resolution No. 2023-285-5/0.
5. SUMMARY VACATION OF A PORTION OF A PUBLIC UTILITIES EASEMENT AT 5079 LOS ROBLES DRIVE
(VAC2023-0002) -Adoption of a resolution approving a summary vacation of a portion of a public
utilities easement over a portion of Lot 61 of Map No. 2758, located at 5079 Los Robles Drive. (Staff
contact: David Rick, Community Services)
ACTION: Adopted Resolution No. 2023-286-5/0.
6. APPROVING AN AGREEMENT WITH AXON ENTERPRISE, INC. FOR THE PURCHASE OF REPLACEMENT
TASER DEVICES -Adoption of a resolution authorizing the Mayor to execute an agreement with Axon
Enterprise, Inc. for the purchase of replacement Taser devices. (Staff contact: Jeffrey Smith and
Amanda Baker, Police Department)
ACTION: Adopted Resolution No. 2023-287-5/0.
7. ASSIGNMENT AND ASSUMPTION AGREEMENT FOR FIRE PLAN REVIEW SERVICES -Adoption of a
resolution authorizing the City Manager to execute an assignment and assumption agreement for fire
plan review services with Dennis Grubb & Associates, LLC and Dennis Grubb & Associates, a Willdan
Engineering Company. (Staff contact: Darcy Davidson, Fire Department)
ACTION: Adopted Resolution No. 2023-288 -5/0.
BOARD AND COMMISSION MEMBER APPOINTMENTS: None.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
8. ADOPTION OF ORDINANCE NO. CS-462 -REVISIONS TO CARLSBAD MUNICIPAL CODE CHAPTER 2.04 -
ELECTED OFFICIALS -Adoption of Ordinance No. CS-462 Carlsbad Municipal Code Chapter 2.04 -
Elected Officials, Specifically Section 2.04.030 -Duties of Mayor and Section 2.04.040 -Eligibility For
Office. (Staff contact: Ana Marie Alarcon, City Clerk Department)
City Manager's Recommendation: Adopt Ordinance No. CS-462.
ACTION: Adopted Ordinance No. CS-462-5/0.
Dec. 12, 2023 Page 3
,
PUBLIC HEARINGS: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. AGREEMENT WITH NETLY FIBER HOLDINGS, LLC., TO GRANT A LICENSE FOR THE USE OF CITY-OWNED
CONDUIT IN EXCHANGE FOR FIBER-OPTIC CABLE -Adoption of a resolution authorizing the City
Manager to execute a conduit and fiber license agreement with Netly Fiber Holdings, LLC. (Staff
contact: Maria Callander, Administrative Services)
City Manager's Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2023-289 -5/0.
10. REVIEW OF 2023 TGIF CONCERTS IN THE PARK AND OPTIONS FOR 2024 TGIF CONCERTS IN THE PARK
1) Receive a report of the 2023 TGIF Concerts in the Parks series; and
2) Adoption of a resolution authorizing the City Manager to direct the Deputy City Manager,
Administrative Services, to appropriate an additional $150,000 to the Library & Cultural Arts
Department's FY 2023-24 operating budget to provide the additional funds needed to host nine
concerts for the 2024 TGIF Concerts in the Parks series; and
3) Adoption of a resolution authorizing the City Manager to direct the Deputy City Manager,
Administrative Services, to appropriate an additional $50,000 to the Police Department's FY 2023-24
operating budget for enhanced safety measures at nine concerts for the 2024 TGIF Concerts in the
Parks series; and
4) Direct the City Manager to include in the Library & Cultural Arts Department's and Police
Department's FY 2024-25 Preliminary Operating Budget funding for hosting and providing security
enhancements for nine concerts for the 2024 TGIF Concerts in the Parks season; and
5) Direct the City Manager to issue a request for proposals to seek interest in corporate sponsorship
of the TGIF Concerts in the Parks Series consistent with City Council Policy 79 -Corporate Marketing
Sponsorships; and
6) Provide any additional feedback or direction as desired, including direction on concert locations.
(Staff contact: Morgen Fry, City Manager Department)
City Manager's Recommendation: Receive the report, adopt the resolutions and provide
feedback.
Dec. 12,2023
ACTION: Adopted Resolution Nos. 2023-290 and 2023-291 -5/0; and
Directed the City Manager to include in the Library & Cultural Arts Department's and
Police Department's FY 2024-25 Preliminary Operating Budget funding for hosting and
providing security enhancements for nine concerts for the 2024 TGIF Concerts in the
Parks season; and
Direct the City Manager to issue a request for proposals to seek interest in corporate
sponsorship of the TGIF Concerts in the Parks Series consistent with City Council Policy
79 Corporate Marketing Sponsorships.
Page 4
11. 2024 LEGISLATIVE PLATFORM AND LEGISLATIVE PROGRAM UPDATE -1) Adoption of a resolution
approving the City of Carlsbad 2024 Legislative Platform; and
2) Direct staff to advocate for five potential 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 as desired. (Staff contact: Jason Haber, City Manager
Department)
City Manager's Recommendation: Receive the report, adopt the resolution and provide direction
to staff as desired.
ACTION: Adopted Resolution No. 2023-292-5/0.
12. UPDATE ON STATUS OF NEGOTIATIONS TO RELOCATE SAN DIEGO GAS & ELECTRIC'S NORTH COAST
SERVICE CENTER -Receive status update and provide direction on negotiations to relocate SDG&E's
North Coast Service Center. (Staff contact: Gary Barberio, Community Services and Cindie McMahon,
City Attorney Department)
City Manager's Recommendation: Receive the report.
ACTION: Council received the status update.
13. REORGANIZATION OF THE CITY COUNCIL AND CMWD BOARD, ELECTION OF MAYOR PRO TEMPORE
AND BOARD PRESIDENT AND VICE PRESIDENT, 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 2024; and
2) Adoption of a Carlsbad Municipal Water District Board resolution appointing one member of the
Board of Directors to serve as President of the Board and one member to serve as Vice President of
the Board for a term ending in December 2024; and
3) Adoption of a resolution appointing members of the City Council to the San Diego Association of
Governments Board of Directors; and
4) Adoption of a resolution appointing members of the City Council to the San Diego Association of
Governments Shoreline Preservation Working Group; and
5) Adoption of a resolution appointing members of the City Council to the North County Transit District
Board of Directors; and
6) Adoption of a Carlsbad Municipal Water District Board resolution confirming the Board Presi dent's
appointment of a Board Member to the San Diego County Water Authority Board of Directors; and
7) Adoption of a resolution appointing members of the City Council to the Clean Energy Alliance Joint
Powers Authority Board of Directors; and
8) Adoption of a resolution confirming the mayoral appointments to the various regional committee
assignments, as reflected in Attachment A; and
9) Adoption of a resolution confirming the mayoral appointments of members of the City Cou ncil to
the Economic Development Subcommittee. (Staff contact: Sheila Cobian, City Manager Department)
City Manager's Recommendation: Adopt the resolutions.
Dec. 12,2023 Page 5
ACTION: Adopted Resolution No. 2023-293; and
Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1722; and
Adopted Resolution No. 2023-294; and
Adopted Resolution No. 2023-295; and
Adopted Resolution No. 2023-296; and
Adopted Resolution No. 1723; and
Adopted Resolution No. 2023-298; and
Adopted Resolution No. 2023-299; and
Adopted Resolution No. 2023-300 -5/0
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: This portion of the agenda
is for the City Council Members to make brief announcements, brief reports of their activities and requests
for future agenda items.
City Council Regional Assignments (Revised 3/21/23)
Keith Blackburn Buena Vista Lagoon JPC
Mayor Chamber of Commerce Liaison {alternate)
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
Economic Development Subcommittee
SAN DAG Board of Directors (2nd alternate)
SAN DAG Shoreline Preservation Work Group (alternate)
Priya Bhat-Patel City/School Committee
Mayor Pro Tern -District 3 Clean Energy Alliance JPA
Economic Development Subcommittee
League of California Cities -SD Division (alternate)
North County Transit District
SAN DAG Board of Directors (1st alternate)
Melanie Burkholder City Council Legislative Subcommittee
Council Member -District 1 North County Dispatch Joint Powers Authority (alternate)
SAN DAG Board of Directors
Teresa Acosta
Council Member -District 4
Carolyn Luna
Council Member -District 2
Dec. 12, 2023
Chamber of Commerce Liaison
City Council Legislative Subcommittee
City/School Committee
Clean Energy Alliance JPA (alternate)
Encina Joint Powers JAC (alternate)
Encina Wastewater Authority Board of Directors (alternate)
League of California Cities -SD Division
North County Dispatch Joint Powers Authority
San Diego County Water Authority
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
North County Transit District (alternate)
SAN DAG Shoreline Preservation Work Group
Page 6
PUBLIC COMMENT: Continuation of the Public Comments
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:
CITY CLERK COMMENTS:
ADJOURNMENT: 7:14 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 Cit y 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
Al l 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.
Followi ng a warning from the presiding officer, those engaging in disruptive behavior are su bject to law enforcement action.
City Council Agenda
The City Council follows a regular order of business that is specified in t he 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 t he 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
Dec. 12,2023 Page 7
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.
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.
Dec. 12, 2023 Page 8