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Home My WebLink About2022-09-13; City Council; Minutes Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Norby. Hall: Absent. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. INVOCATION: None. PLEDGE OF ALLEGIANCE: Council Member Norby led the Pledge of Allegiance. PRESENTATIONS: Proclamation in recognition of Constitution Week Council Member Acosta read the proclamation. Regent of the Santa Margarita Chapter National Society Daughters of the American Revolution Jacquie Berzins said a few words. Proclamation in recognition of Fire Preparedness Month Council Member Bhat-Patel read the proclamation. Assistant Director of Emergency Services Kim Young said a few words. APPROVAL OF MINUTES: Minutes of the Special Meeting held Aug. 16, 2022 Minutes of the Regular Meeting held Aug. 16, 2022 Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes as presented. Motion carried, 4/0/1 (Hall – Absent). PUBLIC COMMENT: Mary Lucid expressed her concern regarding the Senior Center. Tyler Coari expressed his concern for the need of safe parking for the housing insecure. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1 through 7. Motion carried, 4/0/1 (Hall – Absent) with the exception of Consent Item No., 4, carried 4/0/2 (Hall, Acosta – Absent). 1. REPORT ON CITY INVESTMENTS AS OF JULY 31, 2022 – Accept and file Report on City Investments as of July 31, 2022. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) Sept. 13, 2022, 5 p.m. Sept. 13, 2022 Carlsbad City Council Regular Meeting Page 2 2. BENEFIT PLAN DOCUMENT – AMENDED AND RESTATED CAFETERIA PLAN – 1) Adoption of Resolution No. 2022-215 amending the City of Carlsbad Cafeteria Plan to incorporate legal changes and authorizing the City Manager to make future amendments necessary to implement legal requirements or City Council approved benefit programs; and 2) Adoption of Resolution No. 2022-216 authorizing the City Manager to procure any employee benefits which have been approved by the City Council and for which the City Council has budgeted or otherwise appropriated funds. (Staff contact: Lori Shonley and Sandra Smith, Administrative Services Department) 3. AMENDMENT AND RESTATEMENT OF THE 401(A) GOVERNMENTAL MONEY PURCHASE PLAN FOR THE CITY MANAGER – Adoption of Resolution No. 2022-217 authorizing the Deputy City Manager, Administrative Services, or a designee to execute an amendment and restatement of the 401(a) Governmental Money Purchase Plan for the City Manager position and to execute the necessary documents to terminate the plan once it has been amended and restated. (Staff contact: Lori Shonley and Sandra Smith, Administrative Services Department) 4. FIRST AMENDMENT TO LICENSE AGREEMENT WITH T-MOBILE WEST AUTHORIZING THE SUBLICENSE OF A PORTION OF THE WIRELESS COMMUNICATION FACILITY LICENSE AREA TO DISH WIRELESS – Adoption of Resolution No. 2022-218 approving the first amendment to the site license agreement between T-Mobile West, LLC and the City of Carlsbad to sublicense a portion of the wireless communication facility license area to Dish Wireless, LLC and authorizing the City Manager to execute the amendment. (Staff contact: Curtis M. Jackson, Community Services Department) Council Member Acosta announced that she would not be voting on this item as T-Mobile is a client of her company. 5. AGREEMENT WITH SILLMAN WRIGHT ARCHITECTS TO PROVIDE DESIGN SERVICES FOR THE EMERGENCY OPERATIONS CENTER RECONFIGURATION PROJECT (CIP PROJECT NO. 4719) – Adoption of Resolution No. 2022-219 authorizing execution of a professional services agreement with Sillman Wright Architects to provide design services for the Emergency Operations Center reconfiguration project, in an amount not to exceed $272,640. (Staff contact: Steven Stewart, Public Works) 6. AGREEMENT WITH FEHR & PEERS FOR TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES AND REQUEST TO CARRY FORWARD $276,399 FROM FISCAL YEAR 2021-22 TO FY 2022-23 – Adoption of Resolution No. 2022-220 authorizing execution of a professional services agreement with Fehr & Peers to provide engineering and environmental services for the Sustainable Mobility Plan Implementation Plan, Multimodal Transportation Impact Fee Study, and Vehicle Miles Traveled Mitigation Program and approval of a carryforward request to fund a portion of the agreement. (Staff contact: Nathan Schmidt, Public Works) 7. AGREEMENT WITH SILLMAN WRIGHT ARCHITECTS FOR FIRE DEPARTMENT ADMINISTRATION OFFICES FEASIBILITY STUDY (CIP PROJECT NO. 4089) – Adoption of Resolution No. 2022-221 Sept. 13, 2022 Carlsbad City Council Regular Meeting Page 3 authorizing execution of an agreement with Sillman Wright Architects to conduct a feasibility study for the Fire Department administration offices, in an amount not to exceed $114,630. (Staff contact: Steven Stewart, Public Works) ORDINANCES FOR INTRODUCTION: 8. AMEND THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.302 TO RESTRICT OVERNIGHT PARKING ON SURFSIDE LANE AND ISLAND WAY – Introduction of Ordinance No. CS-430 adding section 10.40.302 of the Carlsbad Municipal Code to establish no parking zones along both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Carlsbad Boulevard between the hours of 11 p.m. and 5 a.m. (Staff contact: Scott Meritt, Police Department and Allegra Frost, City Attorney’s Department) City Manager’s Recommendation: Introduce the ordinance. Police Sergeant Scott Merritt and Deputy City Attorney Allegra Frost reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Attorney Cindie McMahan titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-430. Motion carried, 4/0/1 (Hall – Absent). ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: 9. 2022 ZONING ORDINANCE CLEANUP - VARIOUS AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE AND LOCAL COASTAL PROGRAM – 1) Introduction of Ordinance No. CS-431 adopting amendments to Carlsbad Municipal Code Title 5 (Business Licenses and Regulations) to ensure consistency with state law related to child day care homes (Case Name: 2022 Zoning Ordinance Cleanup; Case No.: MCA 2022-0004); and 2) Introduction of Ordinance No. CS-432 adopting amendments to Carlsbad Municipal Code Title 15 (Grading and Drainage Ordinance) and Title 21 (Zoning Ordinance) to complete various miscellaneous cleanup amendments to the Carlsbad Municipal Code. The amendments also include a local coastal program amendment (Case Name: 2022 Zoning Ordinance Cleanup; Case No.: MCA2022-0004/ZCA2022-0002/LCPA 2022-0014). (Staff contact: Eric Lardy, Community Development) City Manager’s Recommendation: Take public input, close the public hearing, and introduce the ordinances. City Planner Eric Lardy and Community Development Director Jeff Murphy reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tem Blackburn opened the duly noticed public hearing at 5:27 p.m. Sept. 13, 2022 Carlsbad City Council Regular Meeting Page 4 Hearing no one wishing to speak, Mayor Pro Tem Blackburn closed the duly noticed public hearing at 5:27 p.m. City Attorney Cindie McMahan titled the ordinances. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance Nos. CS-431 and CS-432. Motion carried, 4/0/1 (Hall – Absent). DEPARTMENTAL AND CITY MANAGER REPORTS: 10. CARLSBAD POLICE DEPARTMENT’S PREPARATION AND RESPONSE TO ACTIVE SHOOTER INCIDENTS – Receive a presentation from Police Department staff regarding its preparation efforts and planned response to active shooter incidents. (Staff contact: Reid Shipley, Police Department) City Manager’s Recommendation: Receive the report. Police Chief Mickey Williams and Police Lieutenant Reid Shipley reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Bhat-Patel’s inquiry, Lieutenant Shipley confirmed that all privately run schools and their staff are included in the training. Council received the report. 11. CLEAN ENERGY ALLIANCE UPDATE – Receive an informational report from Clean Energy Alliance Executive Director Barbara Boswell on the Clean Energy Alliance’s operations and performance. (Staff contact: Jason Haber, City Manager’s Department) City Manager’s Recommendation: Receive the report. Intergovernmental Affairs Director Jason Haber and Clean Energy Alliance Executive Director Barbara Boswell reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Norby, Executive Director Boswell explained that in the current fiscal year, net surplus will be going into an operational reserve to ensure long-term financial stability, and it is anticipated in the following fiscal year that there will be discretionary funds for the Board to determine what types of programs they want to invest in the communities. Council received the report. 12. UPDATES ON THE SOUTH CARLSBAD COASTLINE PROJECT AND THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT – Receive updates on the South Carlsbad Coastline Project and the grant-funded South Carlsbad Boulevard Climate Adaptation Project. (Staff contact: Tom Frank and Katie Hentrich, Public Works) City Manager’s Recommendation: Receive the report. Sept. 13, 2022 Carlsbad City Council Regular Meeting Pages Transportation Director Tom Frank, Community Relations Manager Nikki Matosian, and Senior Program Manager Katie Hentrich reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Volunteer for the Sur/rider Foundation Ben Rubenson thanked staff for the three options shown and expressed his concern for sea level rise. Ali Pendleton thanked the City Council and staff for allowing public input and requested that there be no commercial development. Kathleen Steindlberger expressed her concern regarding sea level rise and supports leaving the area natural with no commercial development. Sur/rider Foundation Policy Coordinator Mitch Silverstein spoke in favor of the road realignment in order to save the beach. In response to Council Member Acosta's inquiry, Transportation Director Frank explained that due to the extension the city has little flexibility as to when the study deliverables are to be complete which is to be by February 2024. Transportation Director Frank added that the goal is to move the project forward as soon as possible and to deliver the traffic study to the Traffic & Mobility Commission by the end of 2022. Council expressed their gratitude to staff for the report. Council received the report. COUNCIL REPORTS AND COMMENTS: Mayor Hall 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. Thursday, Sept. 15, 2022 -5 p.m. City of Carlsbad Citizens Academy Carlsbad Council Chamber 1200 Carlsbad Village Dr. Carlsbad, CA CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Pro Tern Blackburn adjourned t Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk