HomeMy WebLinkAbout2025-04-15; 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, Shin.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Blackburn announced that the City
Council is serving as the Community Development Commission on Public Hearing Item No. 6. The
City Council is serving as the City Council and Carlsbad Municipal Water District on Departmental
and City Manager Report Item No. 8.
PLEDGE OF ALLEGIANCE: Mayor Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting dated Feb. 11, 2025
Minutes of the Special Meeting dated Feb. 25, 2025
Minutes of the Regular Meeting dated Feb. 25, 2025
Minutes of the Regular Meeting dated March 4, 2025
Minutes of the Special Meeting dated March 18, 2025
Minutes of the Special Meeting dated March 25, 2025
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Teresa Acosta, approved
the minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS:
Retirement Proclamation in Recognition of Tammy McMinn
City Clerk Sherry Freisinger read the retirement proclamation and presented it to Senior Deputy
City Clerk Tammy McMinn who said a few words.
Proclamation in Recognition of the 250th Anniversary of the Start of the American Revolution
Council Member Burkholder read the proclamation and presented it to Kelly LeBerthon who said
a few words.
PUBLIC COMMENT:
Mike Borrello reflected on the 250th anniversary of the start of the American revolution.
Diana Ricker spoke regarding cyber stalking.
Jon Doogen expressed concerns with the plans for the Ponto development area.
April 15, 2025, 5 p.m.
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April 15, 2025 Carlsbad City Council Regular Meeting Page 2
Patrice Smerdu thanked the City Council for their continued support of the community gardens.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
City Attorney Cindie McMahon announced that the City Council voted 3-2, with Council Members
Bhat-Patel and Burkholder voting “No,” to authorize the City Attorney to initiate litigation in one
case. City Attorney McMahon added that after the litigation has formally commenced, the case,
the defendants, and the other particulars will be disclosed upon inquiry unless disclosure would
jeopardize the city’s ability to serve the litigation or conclude existing settlement negotiations to
the city’s advantage.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 through 3. Motion carried unanimously, 5/0.
1. REPORT ON CITY INVESTMENTS AS OF FEB. 28, 2025 – Accept and file Report on City
Investments as of Feb. 28, 2025. (Staff contact: Christian Peacox, City Treasurer and Zach
Korach, Administrative Services)
2. AWARD OF CONTRACT TO DE LA FUENTE CONSTRUCTION, INC. FOR THE BEACH ACCESS
REPAIR AND UPGRADES FROM PINE AVENUE TO TAMARACK AVENUE PROJECT, CIP PROJECT
NO. 3896 – Adoption of Resolution No. 2025-079 accepting bids and awarding a contract to
De La Fuente Construction, Inc. for the Beach Access Repair and Upgrades from Pine Avenue
to Tamarack Avenue Project for an amount not to exceed $8,406,387.16. (Staff contact:
Hossein Ajideh and Brandon Miles, Public Works)
3. RETAIL LEASE AGREEMENT WITH HOUSE MARTEL LLC TO OPERATE THE CONCESSION STAND
AND SNACK BAR AT ALGA NORTE COMMUNITY PARK – Adoption of Resolution No. 2025-080
authorizing the City Manager to execute a retail lease agreement with House Martel LLC to
operate the concession stand and snack bar at 6565 Alicante Road, commonly known as the
Alga Norte Community Park. (Staff contact: Curtis Jackson, Community Services)
BOARD AND COMMISSION MEMBER APPOINTMENTS: None.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION:
4. ORDINANCE NO. CS-489 – RENEWING THE CARLSBAD POLICE DEPARTMENT’S MILITARY
EQUIPMENT USE POLICY – Adoption of Ordinance No. CS-489 renewing the Carlsbad Police
Department’s Military Equipment Use Policy. (Staff contact: Faviola Medina, City Manager)
City Manager’s Recommendation: Adopt Ordinance No. CS-489.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-489. Motion carried unanimously, 5/0.
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PUBLIC HEARINGS:
5. 2025 HAZARD REDUCTION PROGRAM ABATEMENT – 1) Hold a public hearing; and
2) Adoption of Resolution No. 2025-081 authorizing the abatement of weeds, rubbish, and
refuse upon private property in the City of Carlsbad under the terms of the city’s Hazard
Reduction Program and scheduling a public hearing on July 22, 2025, to consider the final
Hazard Reduction Cost Report. (Staff contact: Darcy Davidson, Fire)
City Manager’s Recommendation: Take public input, close the public hearing and adopt the
resolution.
Fire Division Chief Darcy Davidson presented the report.
Mayor Blackburn opened the public hearing at 5:28 p.m.
Seeing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
5:28 p.m.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, adopting
Resolution No. 2025-081. Motion carried unanimously, 5/0.
6. CARLSBAD HOUSING AGENCY 2025-26 ANNUAL PLAN, 2026-30 5-YEAR PLAN, AND REVISED
ADMINISTRATIVE PLAN FOR HUD SUBMISSION – 1) Hold a public hearing; and
2) Adoption of Community Development Commission Resolution No. 572 approving the
Carlsbad Housing Agency 2025-26 Annual Plan and 2026-2030 5-Year Plan for submission to
the U.S. Department of Housing and Urban Development; and
3) Adoption of Community Development Commission Resolution No. 573 approving the
revised Carlsbad Housing Agency Administrative Plan for the Housing Choice Voucher Rental
Assistance Program for submission to the U.S. Department of Housing and Urban
Development. (Staff contact: Christian Gutierrez, Community Services)
City Manager’s Recommendation: Take public input, close the public hearing and adopt the
resolutions.
Housing Services Manager Christian Gutierrez presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Blackburn opened the public hearing at 5:33 p.m.
Seeing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
5:33 p.m.
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Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, adopting
Community Development Commission Resolution Nos. 572 and 573. Motion carried
unanimously, 5/0.
Mayor Blackburn called for a recess at 5:33 p.m.
Mayor Blackburn readjourned the duly noticed meeting at 5:43 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. STATE HOUSING LAW AND LEGISLATION – Receive a report regarding recent developments
in state housing law and a report regarding pending state housing legislation and the city’s
advocacy efforts. (Staff contact: Cindie McMahon, City Attorney, Jeff Murphy, Community
Services, and Jason Haber, City Manager)
City Manager’s Recommendation: Receive the report.
City Attorney Cindie McMahon introduced Meyers Nave Principal Margaret Sohagi who
presented the legal update portion of the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
California Public Policy Group Managing Director Sharon Gonsalves presented the legislative
update portion of the report and reviewed a PowerPoint presentation via Zoom (on file in
the Office of the City Clerk).
Intergovernmental Affairs Director Jason Haber, Community Development Director Jeff
Murphy and Meyers Nave Partner Tyson Sohagi responded to City Council inquiries.
The City Council received the report.
8. SETTLEMENT AGREEMENT BETWEEN CITY OF CARLSBAD, SAN DIEGO GAS & ELECTRIC
COMPANY, AND CABRILLO POWER I LLC – 1) Adoption of Resolution No. 2025-082 approving
the new Seaside Transaction Agreement and Settlement Agreement between the City of
Carlsbad, San Diego Gas & Electric Company, and Cabrillo Power I LLC, terminating the prior
settlement agreement dated as of Jan. 14, 2014, between and among the City of Carlsbad,
Carlsbad Municipal Water District, Cabrillo Power I LLC, Carlsbad Energy Center LLC, and San
Diego Gas and Electric Company and authorizing the City Manager to execute all documents
and take all actions necessary to implement the new agreement and terminate the prior
agreement; and
2) Adoption of Carlsbad Municipal Water District Board Resolution No. 1767 terminating the
Settlement Agreement dated as of Jan. 14, 2014, between and among the City of Carlsbad,
Carlsbad Municipal Water District, Cabrillo Power I LLC, Carlsbad Energy Center LLC, and San
Diego Gas and Electric Company and authorizing the Executive Manager to execute all
documents and take all actions necessary to terminate the agreement. (Staff contact: Gary
Barberio, Community Services and Cindie McMahon, City Attorney)
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City Manager’s Recommendation: Adopt the resolutions.
Deputy City Manager, Community Services Gary Barberio presented the report and reviewed
a PowerPoint presentation (on file in the Office of the City Clerk).
San Diego Gas & Electric Vice President of Operations Support Jennifer Jett thanked everyone
for their patience while all parties worked through negotiations.
NRG Energy Senior Director and Vice President of Cabrillo Power One LLC Mark Rohrlick spoke
in support of the agreement.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2025-082 and Carlsbad Municipal Water District Board of Directors
Resolution No. 1767. 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.
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.
Wednesday, April 16, 2025, from 8:30 a.m. to 10 a.m.
City of Carlsbad Fire Dept. Promotions & Recognitions Award Ceremony
Carlsbad Station 5
2540 Orion Way
Carlsbad, CA 92010
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 7:38 p.m.
Faviola Medina, MMC
Director of Constituent & Clerk Services
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