HomeMy WebLinkAbout2022-08-16; City Council; Agendas
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 groups can select a single speaker as long as three other
members of your group are present. Group representatives have 10 minutes unless that time is changed by
the presiding officer or the City Council.
Reasonable Accommodations
Persons with a disability may request an agenda packet in appropriate alternative formats as require 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.
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.
Aug. 16, 2022, 5 p.m.
Aug. 16, 2022 Page 2
CALL TO ORDER: 5 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water
District Board of Directors on Consent Calendar Item No. 3.
INVOCATION:
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held June 14, 2022
Minutes of the Special Meeting held June 21, 2022
Minutes of the Regular Meeting held June 21, 2022
Minutes of the Special Meeting held July 12, 2022
Minutes of the Regular Meeting held July 12, 2022
Minutes of the Special Meeting held July 19, 2022
Minutes of the Regular Meeting held July 19, 2022
Minutes of the Special Meeting held July 26, 2022
ACTION: Minutes were approved as presented – 5/0, with the exception of the Minutes of the Special
Meeting held July 12, 2022, Minutes of the Regular Meeting held July 12, 2022, Minutes of the Special
Meeting held July 19, 2022, Minutes of the Regular Meeting held July 19, 2022, 4/0/1 (Norby – Abstain).
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. REPORT ON CITY INVESTMENTS AS OF JUNE 30, 2022 – Accept and file Report on City Investments as
of June 30, 2022. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department)
ACTION: Council received the report – 5/0.
2. SIDE LETTER WITH CARLSBAD CITY EMPLOYEES’ ASSOCIATION AND CARLSBAD FIREFIGHTERS’
ASSOCIATION, INC. AMENDING THE FLEXIBLE BENEFITS PROGRAM – Adoption of a resolution
approving side letter agreements with the Carlsbad City Employees’ Association and Carlsbad
Aug. 16, 2022 Page 3
Firefighters’ Association, Inc. and approving revisions to the Emergency Medical Technician
Employment, Compensation and Benefits Plan. (Staff contact: Debbie Porter and Judy von Kalinowski,
Administrative Services Department)
ACTION: Adopted Resolution No. 2022-201 – 5/0.
3. AUTHORIZATION FOR USE OF ADDITIONAL SAN DIEGO COUNTY WATER AUTHORITY REFUNDS –
Adoption of a Carlsbad Municipal Water District Board of Directors resolution authorizing use of two
additional refunds from the San Diego County Water Authority to offset the rates the Carlsbad
Municipal Water District pays the San Diego Water Authority for water supply. (Staff contact:
Shoshana Aguilar and Vicki Quiram, Public Works)
ACTION: Adopted Resolution No. 1681 – 5/0.
4. SUBMITTAL OF A REQUEST TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO CHANGE THE
FUNCTIONAL CLASSIFICATION OF A PORTION OF PARK DRIVE – Adoption of a resolution approving the
submission of a request to the California Department of Transportation to change the functional
classification of Park Drive between Monroe Street and Hillside Drive and authorizing the City Manager
or designee to submit the request. (Staff contact: John Kim, Public Works)
ACTION: Adopted Resolution No. 2022-202 – 5/0.
5. AMENDMENT TO THE RETAIL LEASE AGREEMENT WITH HOUSE MARTEL, LLC FOR THE CHAPTERS CAFÉ
AT THE CARLSBAD CITY LIBRARY – Adoption of a resolution approving the fourth amendment to the
retail lease agreement with House Martel, LLC to modify base rent and percentage rent obligations
and to continue to defer payment of deferred rent until April 29, 2024 for the Chapters Café at the
Carlsbad City Library on Dove Lane and authorizing the City Manager to execute the amendment for
the Chapters Café located at the Carlsbad City Library at 1775 Dove Lane. (Staff contact: Curtis
Jackson, Community Services)
ACTION: Adopted Resolution No. 2022-203 – 5/0.
6. AMENDMENT NO. 1 TO CLEAN ENERGY ALLIANCE JOINT POWERS AGREEMENT – Adoption of a
resolution approving and authorizing the execution of the amended and restated Amendment No. 1
to the Clean Energy Alliance Joint Powers Agreement. (Staff contact: Jason Haber, City Manager’s
Department)
ACTION: Adopted Resolution No. 2022-204 – 5/0.
7. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE – Adoption of a resolution designating City Council Member Teresa Acosta the
Voting Delegate and City Council Member Priya Bhat-Patel the Alternate Voting Delegate for the
League of California Cities Annual Conference to be held in Long Beach on September 7-9, 2022. (Staff
contact: Faviola Medina, City Clerk’s Department)
ACTION: Adopted Resolution No. 2022-205 – 5/0.
ORDINANCES FOR INTRODUCTION: None.
Aug. 16, 2022 Page 4
ORDINANCES FOR ADOPTION:
8. ORDINANCE NO. CS-429 – BENEFITS FOR ELECTED OFFICIALS – Adoption of Ordinance No. CS-429
amending Carlsbad Municipal Code Chapter 2.04 by adding section 2.04.025 regarding benefits for
elected officials. (Staff contact: Ana Alarcon, City Clerk’s Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-429.
ACTION: Adopted Ordinance No. CS-429 – 5/0.
PUBLIC HEARING: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. STATUS UPDATE PRESENTATION ON A NEW CITY HALL/CIVIC CENTER – Receive a status update on the
city’s efforts to plan and develop a new City Hall/Civic Center and provide direction to staff as
appropriate. (Staff contact: Gary Barberio and Curtis Jackson, Community Services Department)
City Manager’s Recommendation: Receive the update and provide direction to staff.
ACTION: Council received the report and;
Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tem Blackburn to
approve staff’s three recommendations as follows:
• Eliminate the Faraday Administration Center site
• Pursue 5th hybrid site option (Existing City Hall/Faraday Administration Center)
• Pursue the sale of the Farmers Property in a fiduciarily responsible timeframe
– 5/0.
10. TRAFFIC AND MOBILITY COMMISSION WORK PLAN FOR FISCAL YEAR 2022-23 – Adopt a resolution
approving the Traffic and Mobility Commission Work Plan for fiscal year 2022-23. (Staff contact:
Nathan Schmidt, Public Works)
City Manager’s Recommendation: Adopt a resolution.
ACTION: Adopted Resolution No. 2022-206 – 5/0.
11. UPDATE ON CRIME STATISTICS AND POLICE DEPARTMENT’S RESPONSE TO CRIME TRENDS – Receive
an update from the Police Department regarding crime statistics, crime trends and enforcement
strategies. (Staff contact: Cindy Anderson, Police Department)
City Manager’s Recommendation: Receive the update.
ACTION: Council received the update.
12. FISCAL YEAR 2022-23 INTERNAL AUDIT PLAN AND UPDATE ON AUDIT ACTIVITIES – 1) Receive the
report on the results of internal audit activities and the annual audit plan for fiscal year 2021-22; and
2) Adoption of a resolution approving the fiscal year 2022-23 Internal Audit Plan. (Staff contact:
Robert Threatt and Laura Rocha, Administrative Services Department)
City Manager’s Recommendation: Receive the report and adopt the resolution.
ACTION: Council received the report; and
Adopted Resolution No. 2022-207 – 5/0.
Aug. 16, 2022 Page 5
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
City Council Regional Assignments (Revised 1/11/22)
Matt Hall
Mayor
City Council Legislative Subcommittee
Economic Development Subcommittee
North County Homeless Action Committee
SANDAG Board of Directors (primary)
San Diego County Water Authority
Keith Blackburn
Mayor Pro Tem – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
SANDAG Board of Directors (2nd alternate)
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)
Peder Norby
Council Member – District 1
Buena Vista Lagoon JPC
Encina Wastewater Authority Board of Directors (alternate)
North County Dispatch Joint Powers Authority (primary)
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
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: 8:23 p.m.
City Council Meeting Procedures (continued from page 1)
Aug. 16, 2022 Page 6
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
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
Aug. 16, 2022 Page 7
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.