HomeMy WebLinkAbout2023-05-16; 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
In Person
On TV Online
City Council Chamber
1200 Carlsbad Village Drive
Watch the city’s cable channel
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Watch the livestream at
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.
May 16, 2023, 5 p.m.
CITY COUNCIL
~Agenda
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Spectrum 24
AT&T U-verse 99
May 16, 2023 Page 2
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water
District Board of Directors on Consent Calendar Item No. 3.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bhat-Patel led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held April 18, 2023
Minutes of the Special Meeting held May 9, 2023
ACTION: Minutes were approved as presented – 5/0.
PRESENTATIONS:
Proclamation in recognition of Asian American & Pacific Islander Heritage Month
Proclamation in recognition of National Bike Month
Proclamation in recognition of Food Allergy Awareness Week
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
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 MARCH 31, 2023 – Accept and file Report on City Investments
as of March 31, 2023. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services
Department)
ACTION: Council received the report – 5/0.
2. RIGHT OF ENTRY PERMIT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR
MAINTENANCE OF THE UPPER PICNIC FACILITIES AT TAMARACK STATE BEACH AND COASTAL BLUFF
AT TAMARACK/FRAZEE STATE BEACH, AND FOR REIMBURSEMENT FOR PLAN REVIEWS OF TWO CITY
PROJECTS (CIP PROJECT NOS. 3896 AND 6058) – Adoption of a resolution authorizing the execution of
a right of entry permit with the State of California Department of Parks & Recreation to maintain the
upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach,
and to reimburse the state for plan reviews of two Capital Improvement Program projects that impact
state property: Beach Access Repairs and Upgrades from Pine to Tamarack Avenues (CIP Project No.
May 16, 2023 Page 3
3896), and Carlsbad Boulevard and Tamarack Avenue Intersection Improvements (CIP Project No.
6058). (Staff contact: Todd Reese, Community Services Department)
ACTION: Adopted Resolution No. 2023-128 – 5/0.
3. AMENDMENT NO. 4 TO THE MASTER AGREEMENT WITH BROWN AND CALDWELL FOR SUPERVISORY
CONTROL AND DATA ACQUISITION MASTER PLAN FOR SEWER, WATER AND RECYCLED WATER
SYSTEMS (CIP PROJECT NO. 5542) – Adoption of a Carlsbad Municipal Water District Board of Directors
resolution approving Amendment No. 4 to extend the Master Agreement with Brown and Caldwell for
Supervisory Control and Data Acquisition Master Plan for Sewer, Water and Recycled Water Systems
for an additional three years. (Staff contact: Stephanie Harrison and Vicki Quiram, Public Works
Department)
ACTION: Adopted Carlsbad Municipal Water District Resolution No. 1704 – 5/0.
4. CONTINUATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A
SINKHOLE ON HAYMAR DRIVE – Adoption of a resolution continuing the declaration of a storm-related
local emergency for repair of a sinkhole in the area of Haymar Drive. (Staff contact: Tom Frank and
Vicki Quiram, Public Works Department)
ACTION: Adopted Resolution No. 2023-129 – 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
5. AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A SITE DEVELOPMENT PLAN FOR A
164,833 SQUARE-FOOT RESEARCH AND DEVELOPMENT BUILDING IN THE CARLSBAD OAKS NORTH
BUSINESS PARK – Adoption of a resolution denying an appeal and upholding a decision of the Planning
Commission to approve a site development plan for the development of a 164,833-square-foot, 48-
foot-tall research and development building, a 21-foot-tall, three-level parking structure and a
pedestrian bridge across Whiptail Loop for IONIS Pharmaceuticals, located on an 8.37-acre vacant site,
on the north side of Whiptail Loop, comprising lots 21 and 22 (Assessor Parcel Numbers 209-120-23-
00 and 209-120-24-00 and within local Facilities Management Zone 16) of the Carlsbad Oaks North
Specific Plan, SP 211(c). (Staff contact: Eric Lardy, Community Services Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the
resolution.
ACTION: Adopted Resolution No. 2023-130 – 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
6. UPDATE ON THE CITY’S RESPONSE TO THE LOCAL TRAFFIC SAFETY EMERGENCY AND OPTION TO
EXTEND THE EMERGENCY PROCLAMATION FOR AN ADDITIONAL 60 DAYS – 1) Receive a report on
actions taken to date relating to a local traffic safety emergency proclaimed Aug. 23, 2022;
2) Adoption of a resolution extending the Proclamation of Bicycle, E-Bicycle and Motorized Mobility
Device Safety Local Emergency in the City of Carlsbad until July 15, 2023, at 5 p.m., unless otherwise
May 16, 2023 Page 4
extended or terminated by the City Council. (Staff contact: Geoff Patnoe, City Manager’s Department)
City Manager’s Recommendation: Receive the report and adopt the resolution.
ACTION: Council received the report; and
Adopted Resolution No. 2023-131 – 5/0.
7. AMBULANCE REVENUE AND BILLING – Receive a report describing ambulance billing methodology and
recent changes in reimbursement and revenue. (Staff contact: Nathan Pearson, Fire Department)
City Manager’s Recommendation: Receive the report.
ACTION: Council received the report.
8. ECONOMIC AND FINANCIAL UPDATE FOR THE THIRD QUARTER OF FISCAL YEAR 2022-23 – Receive a
report on the economic and financial update for the third quarter of fiscal year 2022-23 and provide
direction as appropriate. (Staff contact: Zach Korach and Matt Sanford, Administrative Services
Department)
City Manager’s Recommendation: Receive the report and provide direction as appropriate.
ACTION: Council received the report.
9. $2.2 MILLION FORGIVABLE LOAN FROM HOUSING FUNDS TO CATHOLIC CHARITIES DIOCESE OF SAN
DIEGO FOR THE EXPANSION OF LA POSADA DE GUADALUPE HOMELESS SHELTER – Adoption of a
resolution authorizing a commitment of a $2,200,000 forgivable loan ($1,470,621 from the City of
Carlsbad Housing Trust Fund and $729,379 from the Permanent Local Housing Allocation Fund) to
Catholic Charities Diocese of San Diego for the expansion of La Posada de Guadalupe homeless shelter.
(Staff contact: Mandy Mills, Community Services Department)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2023-132 – 4/1 (Burkholder – No).
10. STATE OF CALIFORNIA LOCAL HOUSING TRUST FUND APPLICATION – Adoption of a resolution
authorizing the submittal of a Local Housing Trust Fund application to the State of California
Department of Housing and Community Development in the amount of $1,770,000. (Staff contact:
Nicole Piano-Jones, Community Services Department)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2023-133 – 5/0.
11. CONSIDER APPROVAL OF A CITY COUNCIL POLICY STATEMENT – INVOCATION AT CITY COUNCIL
MEETINGS – Adoption of a resolution approving City Council Policy Statement – Invocation at City
Council Meetings. (Staff contact: Sheila Cobian, City Manager’s Department)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta directing
staff to return to City Council with an ordinance amending Carlsbad Municipal Code
Chapter 1.20, Section 1.20.060(E), eliminating the Invocation from the City Council
May 16, 2023 Page 5
agenda order of business – 4/1 (Burkholder – No).
12. BUDGET WORKSHOP DISCUSSION – Consider a request from Council Member Burkholder to discuss
and decide whether to schedule a budget workshop. (Staff contact: Sheila Cobian, City Manager’s
Department)
City Manager’s Recommendation: Consider the request and provide direction to staff.
ACTION: Motion by Council Member Burkholder, seconded by Mayor Pro Tem Bhat-Patel to host
a budget workshop at the Faraday Administration Center on June 1, 2023, at 5:30 p.m.
– 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
Mayor
Buena Vista Lagoon JPC
Chamber of Commerce Liaison (alternate)
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
Economic Development Subcommittee
SANDAG Board of Directors (2nd alternate)
SANDAG Shoreline Preservation Work Group (alternate)
Priya Bhat-Patel
Mayor Pro Tem – District 3
City/School Committee
Clean Energy Alliance JPA
Economic Development Subcommittee
League of California Cities – SD Division (alternate)
North County Transit District
SANDAG Board of Directors (1st alternate)
Melanie Burkholder
Council Member – District 1
City Council Legislative Subcommittee
North County Dispatch Joint Powers Authority (alternate)
SANDAG Board of Directors
Teresa Acosta
Council Member – District 4
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
Carolyn Luna
Council Member – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
North County Transit District (alternate)
SANDAG Shoreline Preservation Work Group
May 16, 2023 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:
ADJOURNMENT: 8:18 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 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.
May 16, 2023 Page 7
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
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.