HomeMy WebLinkAbout2019-11-12; City Council; Minutes (2)CITY COUNCIL
Nov. 12, 2019 6 p.m.
CALL TO ORDER: 6:00 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal
Water District Board of Directors on Departmental and City Manager Reports Item No. 12.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held on Oct. 8, 2019
Minutes of the Regular Meeting held on Oct. 12, 2019
Minutes of the Regular Meeting held on Oct. 24, 2019
Mayor Pro Tern Bhat-Patel asked to have the Minutes of the Regular Meeting held on Oct. 8,
2019 returned to staff for edits.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the
Minutes of the Regular Meetings held on Oct. 12, 2019 and Oct. 24, 2019 as presented. Motion
carried unanimously, 4/0.
PRESENTATIONS:
Presentation of Proclamation in Recognition of America Recycles Day.
Council Member Schumacher read and presented the proclamation to Avecita Jones, Senior
Program Manager.
Presentation of Proclamation in Recognition of Peer Awards.
Mayor Hall read and presented the proclamation to the 2019 Peer Award Recipients.
PUBLIC COMMENT:
Mary Lucid spoke about her issues with City staff and the Senior Center.
Michael Perry, representing a group, (Mercedes Ubieta; Linda Moreland; and Neil Turner) spoke
about a nuisance complaint against Camino Hills HOA and the geological issues with the site.
Glenn Bernard spoke regarding the need to adopt an Ordinance that allows political campaign
signs to only be posted on private property. He also spoke on the need to adopt an Ordinance
Nov. 12, 2019 Carlsbad City Council Regular Meeting Page 2
that when a Council Member resigns the second runner up in the election can fill the remaining
term. He lastly spoke about the need for military bases to be built in the forests so that the military
personnel can provide forest management and fire prevention.
John Kiehl spoke about drug abuse prevention methods and issues surrounding drug treatment
centers and sober living centers.
Jim Brubaker representing Carlsbad Charitable Foundation spoke about the 2020 Grant Letter of
Intent process for funding of projects by charity organizations.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
CONSENT CALENDAR:
Council Member Blackburn commented on Item No. 5 by giving thanks to the Carlsbad Fire
Department Foundation for raising funds for the Stop Bleeding Kits.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve
Consent Calendar Item Nos. 1, 2, and 5 through 7. Motion carried unanimously, 4/0.
1. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD POLICE MANAGEMENT
ASSOCIATION -Adoption of Resolution No. 2019-220 approving a Memorandum of
Understanding (MOU) between the City of Carlsbad and the Carlsbad Police Management
Association (CPMA) and revised Administrative Order No. 64, approving a revised
Management Salary Schedule and Management Compensation and Benefits Plan, and
approving $238,850 in carry-forward funds from Fiscal Year 2018-19 to Fiscal Year 2019-20.
(Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services)
2. APPROVAL OF REVISIONS TO THE RECREATION SUPERVISOR CLASSIFICATION AND CARLSBAD
CITY EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING AND SALARY
SCHEDULE -Adoption of Resolution No. 2019-221 approving revisions to the recreation
supervisor classification, Carlsbad City Employees' Association Memorandum of
Understanding and Salary Schedule. (Staff contact: Silvano Rodriguez and Judy von
Kalinowski, Administrative Services)
3. APPROVAL TO DESIGNATE $9,131,095 OF THE CITY'S UNASSIGNED FUND BALANCE IN THE
GENERAL FUND AS OF JUNE 30, 2019 -Adoption of Resolution No. 2019-222 designating
$9,131,095 of the city's unassigned fund balance in the General Fund as of June 30, 2019, for
economic uncertainty. (Staff contact: Roxanne Muhlmeister, Administrative Services)
4. APPROVAL OF THE 2020 REGULAR CITY COUNCIL MEETING CALENDAR -Adoption of
Resolution No. 2019-223 approving the 2020 Regular City Council Meeting calendar. (Staff
contact: Sheila Cobian, City Clerk Services)
Nov. 12, 2019 Carlsbad City Council Regular Meeting Page 3
5. ACCEPTANCE OF EQUIPMENT DONATION FROM CARLSBAD FIRE DEPARTMENT FOUNDATION
-Adoption of Resolution No. 2019-224 accepting a donation from the Carlsbad Fire
Department Foundation in the amount of $11,875. (Staff contact: Mike Lopez, Fire)
6. ACQUISITION OF REAL PROPERTY COMMONLY KNOWN AS THE PASEO DEL NORTE PRESERVE
-Adoption of Resolution No. 2019-225 authorizing the Mayor to execute all appropriate
acquisition documents, and for the city clerk to execute the certificate of acceptance of the
Grant Deed for the acquisition of real property commonly known as the Paseo Del Norte
Preserve. (Staff contact: Curtis Jackson, Real Estate)
7. MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) FOR CENSUS 2020 PUBLIC OUTREACH GRANT FUNDS-Adoption
of Resolution No. 2019-226 authorizing the mayor to enter into a Memorandum of
Understanding with the San Diego Association of Governments (SANDAG) to accept pass-
through of $10,849.46 in grants funds from the State of California, Government Operations
Agency -California Complete Count -Census 2020 (Staff contact: Kerry Jezisek, Community
& Economic Development)
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION:
This item was pulled for discussion by a member of the public.
3. APPROVAL TO DESIGNATE $9,131,095 OF THE CITY'S UNASSIGNED FUND BALANCE IN THE
GENERAL FUND AS OF JUNE 30, 2019 -Adoption of Resolution No. 2019-222 designating
$9,131,095 of the city's unassigned fund balance in the General Fund as of June 30, 2019, for
economic uncertainty. (Staff contact: Roxanne Muhlmeister, Administrative Services)
Glenn Bernard spoke about issues with SDGE and telephone pole installations. He also
questioned if any of the unassigned funds were from SDGE.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-222. Motion carried unanimously, 4/0.
Item No. 4 was pulled by Mayor Hall.
4. APPROVAL OF THE 2020 REGULAR CITY COUNCIL MEETING CALENDAR -Adoption of
Resolution No. 2019-223 approving the 2020 Regular City Council Meeting calendar. (Staff
contact: Sheila Cobian, City Clerk Services)
Mayor Hall asked the Council's opinion on whether the Workshop meetings should be held
during the work day or evening hours?
Council Member Schumacher shared she wished to have the meetings in the evening. She
also requested for Workshop meeting procedures to be established.
Mayor Pro Tern Bhat-Patel shared she wished to have the meetings in the evenings.
Nov. 12, 2019 Carlsbad City Council Regular Meeting Page 4
Council Member Blackburn expressed no preference for the Workshop meeting times but
stated that he did prefer for the meetings to be held at the Faraday Center and in a round-
table fashion.
Mayor Hall spoke in support of the Workshop meetings to occur during normal business
hours.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-223 with the noted change to the Workshop start time and to hold those
meetings at the Faraday Center. Motion carried unanimously, 4/0.
Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to
have staff compose formal Workshop meeting procedures for the City Council to review.
Motion carried unanimously, 4/0.
RECESS:
Mayor Hall declared a recess at 6:55 p.m.
Mayor Hall reconvened the meeting at 7:00 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Mayor Hall announced that Item Nos. 11 and 12 would be heard ahead of Item No. 8.
11. STATE LEGISLATIVE UPDATE -CALIFORNIA'S 2020 HOUSING LAWS-Receive an update from
California Strategies & Advocacy (California Strategies) summarizing several of the 2020
Housing Laws signed by Governor Newsom during 2019. (Staff contact: Jason Haber, City
Manager)
City Manager's Recommendation: Receive the report.
Assistant to the City Manager Jason Haber and California Strategies & Advocacy
representatives Monique Ramos and Katherina Gregana presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
ACTION: City Council received the Presentation.
12. PRESENTATION FROM CABRILLO POWER I LLC (NRG) REGARDING THE DEMOLITION
SCHEDULE AND ASSOCIATED DEMOLITION ACTIVITIES FOR THE ENCINA POWER STATION
AND AUTHORIZATION FOR THE MAYOR/PRESIDENT TO SIGN A LETTER GRANTING NRG A
NOT-TO-EXCEED, NINE-MONTH EXTENSION IN THE DEMOLITION DEADLINE -Receive a
Nov. 12, 2019 Carlsbad City Council Regular Meeting Page 5
presentation from Cabrillo Power I LLC (NRG) regarding the demolition schedule and
associated demolition activities for the Encina Power Station and:
1. Adoption of Resolution No. 2019-228 authorizing the mayor to sign a letter granting NRG
a not-to-exceed, nine-month extension in the demolition deadline under the Jan. 14, 2014
Settlement Agreement between and among the City of Carlsbad, Carlsbad Municipal
Water District, Cabrillo Power I LLC and Carlsbad Energy Center LLC (collectively NRG),
and San Diego Gas & Electric Company.
2. Adoption of Carlsbad Municipal Water District Resolution No. 1623 authorizing the
president to sign a letter granting NRG a not-to-exceed, nine-month extension in the
demolition deadline under the Jan. 14, 2014 Settlement Agreement between and among
the City of Carlsbad, Carlsbad Municipal Water District, Cabrillo Power I LLC and Carlsbad
Energy Center LLC (collectively NRG), and San Diego Gas & Electric Company. (Staff
contact: Gary Barberio, Community Services)
City Manager's Recommendation: Receive the presentation and adopt the Resolutions.
Deputy City Manager Gary Barberio and Vice-President, Asset Mangement of Cabrillo Power
(NRG) Eric Leuze presented the report and reviewed a PowerPoint presentation (on file in the
Office of the City Clerk).
Kerry Siekmann spoke in opposition of granting the extension due to the future inconveniences
it might cause to the surrounding communities.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-228 and CMWD Resolution No. 1623. Motion carried unanimously, 4/0.
ORDINANCES FOR INTRODUCTION: None.
PUBLIC HEARINGS:
8. ADOPTION OF ORDINANCE NOS. CS-363 AND CS-364 ADOPTING THE CALIFORNIA FIRE CODE
AND THE CALIFORNIA BUILDING CODE AND RELATED CALIFORNIA CODES FOR
CONSTRUCTION -Adoption of Ordinance No. CS-363 repealing existing Chapter 17.04 of the
Carlsbad Municipal Code and adopting a new Chapter 17.04, Fire Prevention Code based on
the 2019 California Fire Code; and,
Adoption of Ordinance No. CS-364 repealing existing Carlsbad Municipal Code Chapter 18.04
(Building Code), Chapter 18.08 (Mechanical Code), Chapter 18.12 (Electrical Code), Chapter
18.16 (Plumbing Code), Chapter 18.18 (Solar Energy Code), Chapter 18.20 (Residential Code),
Chapter 18.21 (Green Building Standards Code), and Chapter 18.30 (Energy Conservation
Regulations); and adopting new Chapter 18.04 (Building Code), Chapter 18.08 (Mechanical
Code), Chapter 18.12 (Electrical Code), Chapter 18.16 (Plumbing Code), Chapter 18.18 (Solar
Energy Code), Chapter 18.20 (Residential Code), Chapter 18.21 (Green Building Standards
Code), and Chapter 18.30 (Energy Conservation Regulations), based on the 2019 California
Nov. 12, 2019 Carlsbad City Council Regular Meeting Page 6
Building Standards Code and as amended herein. (Staff contact: Mike Peterson, Community
& Economic Development and Randy Metz, Fire)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
Ordinances.
Mayor Hall opened the duly noticed Public Hearing at 7:57 p.m.
Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 7:57
p.m.
City Attorney Celia Brewer titled Ordinance No. CS-363
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Ordinance No. CS-363. Motion carried unanimously, 4/0.
City Attorney Celia Brewer titled Ordinance No. CS-364.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Ordinance No. CS-364. Motion carried unanimously, 4/0.
DEPARTMENTAL AND CITY MANAGER REPORTS (CONTINUED):
9. INTERNSHIP PROGRAM PRESENTATION -Receive an informational presentation on the city's
new Internship Program. (Staff contact: Paul Ho and Judy von Kalinowski, Administrative
Services)
City Manager's Recommendation: Receive the report.
Human Resources Director Judy von Kalinowski, Senior Program Manager Paul Ho, and Human
Resources Technician Joy Reinke presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
ACTION: City Council received the Presentation.
10. CONSIDERATION OF CITY COUNCIL POLICY NO. 89 INTERNAL AUDIT FRAMEWORK AND AUDIT
PLAN FOR THE REMAINDER OF FISCAL YEAR 2019-20 -Adoption Resolution No. 2019-227
approving City Council Policy No. 89 establishing the framework for an effective internal audit
function and approving the audit plan for the remainder of Fiscal Year 2019-20. (Staff
contact: Brigid Okyere, Administrative Services)
City Manager's Recommendation: Adopt the Resolution.
Nov. 12, 2019 Carlsbad City Council Regular Meeting Page 7
Internal Auditor Brigid Okyere and Deputy City Manager Laura Rocha presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to adopt
Resolution No. 2019-227. Motion carried unanimously, 4/0.
13. PEER REVIEW OF NORTH SAN DIEGO COUNTY CITIES COMMUNITY CHOICE ENERGY
TECHNICAL FEASIBILITY STUDY AND AUTHORIZING A REIMBURSABLE ADVANCE TO THE
CLEAN ENERGY ALLIANCE JOINT POWERS AUTHORITY IN THE AMOUNT OF $150,000 -
Adoption of Resolution No. 2019-229 accepting the peer review of North San Diego County
Cities Community Choice Energy Technical Feasibility Study and authorizing the city manager
to negotiate, execute and fund a cost reimbursement for Member Agency Support
Agreement allowing for the City of Carlsbad's participation in funding the fiscal year 2019-20
initial budget of the Clean Energy Alliance Joint Powers Authority in the amount of $150,000.
(Staff contact: Jason Haber, City Manager Department)
City Manager's Recommendation: Adopt the Resolution.
Assistant to the City Manager Jason Haber presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt
Resolution No. 2019-229. Motion carried unanimously, 4/0.
This item was continued to the meeting of November 19, 2019.
14. UPDATE ON THE CITY'S DIGITAL INFORMATION NETWORK -Receive an informational
presentation on the city's current digital information network and its deficiencies, in
preparation for a later presentation offering a proposed new and more robust network. (Staff
contact: Maria Callander, Information Technology)
City Manager's Recommendation: Receive the report.
15. TRAFFIC & MOBILITY COMMISSION WORK PLAN FOR FISCAL YEAR 2019-20 AND DRAFT
COMMUNICATIONS PLAN -Adoption of Resolution No. 2019-230 approving the Traffic and
Mobility Commission Work Plan for Fiscal Year 2019-20. (Staff contact: Doug Bilse, Public
Works)
City Manager's Recommendation: Adopt the Resolution.
Deputy City Manager Paz Gomez, City Traffic Engineer John Kim, and Senior Engineer Doug
Blise presented the report and reviewed a PowerPoint presentation (on file in the Office of the
City Clerk).
Nov. 12, 2019 Carlsbad City Council Regular Meeting Page 8
Steve Linke spoke in support of the work plan and asked the Council to consider adopting a staff
report timing policy that would allow the Traffic & Mobility Commission to have enough time
to review the reports before they reach Council. He also asked that a permanent record
procedure be established for either audio or video recordings of the commission's meetings.
Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to
adopt Resolution No. 2019-230 and direct staff to establish a plan to create a permanent
record of video or audio of Boards and Commission meetings. Motion carried unanimously,
4/0.
COUNCIL REPORTS AND COMMENTS:
Mayor Hall and City Council Members reported on activities and meetings of some committees
and subcommittees of which they are members.
CITY MANAGER COMMENTS: City Manager Scott Chadwick proposed that Council make a
Minute Motion to have staff prepare a plan for ground rules, workplans and meeting calendars
for Council subcommittees and ad-hoc committees.
Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher to have staff
prepare a plan for ground rules, workplans and meeting calendars for Council subcommittees and ad-
hoc committees.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT:
Mayor Hall adjourned the duly noticed Meeting at 9:24 p.m.
Hector Gomez
Deputy City Clerk