HomeMy WebLinkAbout2023-07-11; City Council; Minutes Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 5:01 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
PLEDGE OF ALLEGIANCE: Mayor Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held May 23, 2023
Minutes of the Special Meeting held June 1, 2023
Minutes of the Special Meeting held June 6, 2023
Minutes of the Regular Meeting held June 6, 2023
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the
minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS:
Proclamation in recognition of Parks and Recreation Month
Council Member Luna read the proclamation. Parks & Recreation Commission Chair Bob Winston
said a few words.
Recognition of Donation from Carlsbad Friends of the Library
Deputy Library Director Sheila Crosby accepted the donation and said a few words. Book Sales
Chair Taffy Cannon said a few words.
Recognition of Donation from Carlsbad Friends of the Library
Cultural Arts Director Richard Schultz accepted the donation and said a few words. Carlsbad
Friends of the Library Development Coordinator Amanda Ecoff said a few words.
PUBLIC COMMENT:
Glenn Bernard spoke regarding the Rainbow and Fallbrook water districts and the doom loop
spiral.
Pierre Cochet-Weinandt spoke regarding Council Member Burkholder and the staff report
regarding flying other commemorative flags at City Hall.
Flxr Fitness owner Lauren Allen spoke regarding the impact of business license fees being charged
to her business.
Flxr Fitness member Gina Duke spoke regarding the impact that Flxr Fitness has had on her life.
July 11, 2023, 5 p.m.
CITY COUNCIL
Minutes
July 11, 2023 Carlsbad City Council Regular Meeting Page 2
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon
announced that there was no reportable action.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Item No. 10 was heard before the Consent Calendar items.
10. UPDATE FROM SAN DIEGO COUNTY DISTRICT 3 SUPERVISOR TERRA LAWSON-REMER –
Receive an update from San Diego County District 3 Supervisor Terra Lawson-Remer and
provide feedback. (Staff contact: Jason Haber, City Manager Department)
City Manager’s Recommendation: Receive the update and provide feedback.
Intergovernmental Affairs Director Jason Haber introduced San Diego County District 3
Supervisor Terra Lawson-Remer who presented an update on many of the issues that she is
currently working on including the sewage problem at the border, homelessness and
behavioral health, and the $10 million dollar grant challenge. Supervisor Lawson-Remer also
spoke regarding the fentanyl and opioid problem on the streets, as well as gun violence and
gun safety.
City Council received the update.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 through 5. Motion carried unanimously, 5/0.
1. ACCEPTING A $65,000 DONATION FROM THE FRIENDS OF THE CARLSBAD LIBRARY – Adoption
of Resolution No. 2023-185 accepting a donation of $65,000 from the Friends of the Carlsbad
Library to the City of Carlsbad Library & Cultural Arts Department. (Staff contact: Suzanne
Smithson, Community Services Department)
2. ACCEPTING A $35,000 DONATION FROM THE CARLSBAD FRIENDS OF THE ARTS – Adoption of
Resolution No. 2023-186 accepting a donation of $35,000 from the Carlsbad Friends of the
Arts to the City of Carlsbad Library & Cultural Arts Department. (Staff contact: Suzanne
Smithson and Richard Schultz, Community Services Department)
3. PURCHASE OF EXCESS WORKERS’ COMPENSATION COVERAGE THROUGH SAFETY NATIONAL
CASUALTY CORPORATION FOR POLICY YEAR 2023-2024 – Adoption of Resolution No. 2023-
187 authorizing purchase of excess workers’ compensation coverage through Safety National
Casualty Corporation for policy year 2023-2024. (Staff contact: Sarah Reiswig and Judy von
Kalinowski, Administrative Services Department)
4. ESTABLISH FISCAL YEAR 2023-24 SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1
Adoption of Resolution No. 2023-188 establishing the fiscal year 2023-24 special taxes for
Community Facilities District No. 1. (Staff contact: Roxanne Muhlmeister, Administrative
Services Department)
July 11, 2023 Carlsbad City Council Regular Meeting Page 3
5. AGREEMENT WITH VISIT CARLSBAD AS THE CARLSBAD TOURISM BUSINESS IMPROVEMENT
DISTRICT’S OWNERS’ ASSOCIATION – Adoption of Resolution No. 2023-189 approving an
operating agreement with Visit Carlsbad as the Owners’ Association of the Carlsbad Tourism
Business Improvement District. (Staff contact: David Graham and Matt Sanford,
Administrative Services Department)
This item was pulled by Council Member Acosta for discussion.
6. AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. TO UPDATE THE VILLAGE, BARRIO, AND
BEACH AREA PARKING MANAGEMENT PLAN, AND VILLAGE & BARRIO MASTER PLAN –
Adoption of a resolution approving a professional services agreement with Chen Ryan
Associates, Inc. to provide services to update the Village, Barrio and Beach Area Parking
Management Plan and the Village & Barrio Master Plan; update and develop a Right-of-Way
Fee Program for curb cafés and sidewalk dining that are extensions of restaurant uses in the
public right-of-way; and to prepare a parking survey for the Village, Barrio, and beach areas
for a total amount not to exceed $148,964. (Staff contact: Eric Lardy, Community Services
Department)
This item was pulled due to a public speaker.
7. CITY COUNCIL CODE OF ETHICS AND PUBLIC SERVICE VALUES – Adoption of a resolution
reaffirming the City Council Code of Ethics and Public Service Values originally approved on
Nov. 16, 2021. (Staff contact: Sheila Cobian, City Manager Department)
CONSENT ITEMS PULLED FOR DISCUSSION:
This item was pulled by Council Member Acosta for discussion.
6. AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. TO UPDATE THE VILLAGE, BARRIO, AND
BEACH AREA PARKING MANAGEMENT PLAN, AND VILLAGE & BARRIO MASTER PLAN –
Adoption of Resolution No. 2023-190 approving a professional services agreement with Chen
Ryan Associates, Inc. to provide services to update the Village, Barrio and Beach Area Parking
Management Plan and the Village & Barrio Master Plan; update and develop a Right-of-Way
Fee Program for curb cafés and sidewalk dining that are extensions of restaurant uses in the
public right-of-way; and to prepare a parking survey for the Village, Barrio, and beach areas
for a total amount not to exceed $148,964. (Staff contact: Eric Lardy, Community Services
Department)
In response to Council Member Acosta’s inquiry, City Planner Eric Lardy explained that the
license plate reader data will only be collected with vehicles pointed towards the public right-
of-way. He also explained that the information is kept on external hard drives, deleted from
the camera storage and is never shared.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve
Resolution No. 2023-190. Motion carried unanimously, 5/0.
July 11, 2023 Carlsbad City Council Regular Meeting Page 4
This item was pulled due to a public speaker.
7. CITY COUNCIL CODE OF ETHICS AND PUBLIC SERVICE VALUES – Adoption of Resolution No.
2023-191 reaffirming the City Council Code of Ethics and Public Service Values originally
approved on Nov. 16, 2021. (Staff contact: Sheila Cobian, City Manager Department)
Krisha voiced her concerns regarding an email sent by Council Member Bhat-Patel expressing
that it violated the code of ethics.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve
Resolution No. 2023-191. Motion carried unanimously, 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING:
8. FISCAL YEAR 2023-24 FINAL ENGINEER’S REPORT AND ANNUAL LEVY OF ASSESSMENTS IN
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1, A SPECIAL ASSESSMENT DISTRICT –
Adoption of Resolution No. 2023-192 confirming the diagram or map of the assessment
district and assessment amounts, ordering maintenance work to be performed and
authorizing the levy of the annual assessment for fiscal year 2023-24 for Street Lighting and
Landscaping District No. 1, a special assessment district. (Staff contact: Katie Schroeder,
Administrative Services Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the
resolution.
Assistant Finance Director Roxanne Muhlmeister reviewed a PowerPoint presentation (on file
in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 6:06 p.m.
See no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 6:06
p.m.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-192. Motion carried unanimously, 5/0.
9. FISCAL YEAR 2023-24 FINAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS
WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, A SPECIAL ASSESSMENT
DISTRICT – Adoption of Resolution No. 2023-193 confirming the diagram and assessment,
ordering maintenance work to be performed, and authorize the levy of the annual
assessment for fiscal year 2023-24 for Street Lighting and Landscaping District No. 2, a special
assessment district. (Staff contact: Katie Schroeder, Administrative Services Department)
July 11, 2023 Carlsbad City Council Regular Meeting Page 5
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the
resolution.
Assistant Finance Director Roxanne Muhlmeister reviewed a PowerPoint presentation (on file
in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 6:09 p.m.
See no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 6:09
p.m.
Motion by Council Member Luna, seconded by Mayor Pro Tem Bhat-Patel, to adopt
Resolution No. 2023-193. Motion carried unanimously, 5/0.
Mayor Blackburn declared a recess at 6:10 p.m.
Mayor Blackburn reconvened the meeting at 6:20 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS CONTINUED:
This item was heard before Consent Item No. 1.
10. UPDATE FROM SAN DIEGO COUNTY DISTRICT 3 SUPERVISOR TERRA LAWSON-REMER –
Receive an update from San Diego County District 3 Supervisor Terra Lawson-Remer and
provide feedback. (Staff contact: Jason Haber, City Manager Department)
City Manager’s Recommendation: Receive the update and provide feedback.
11. PALOMAR AIRPORT ADVISORY COMMITTEE MEMBER NOMINATION – Adoption of Resolution
No. 2023-194 identifying Shirley Anderson as the city’s primary candidate Gary Greening as
an alternate candidate for nomination and appointment to the San Diego County Palomar
Airport Advisory Committee. (Staff contact: Jason Haber, City Manager Department and
Tammy McMinn, City Clerk Department)
City Manager’s Recommendation: Adopt the resolution.
Intergovernmental Affairs Director Jason Haber reviewed a PowerPoint presentation (on file
in the Office of the City Clerk).
Gary Greening spoke on his qualifications to be named the PAAC nominated member.
Shirley Anderson spoke on her qualifications to be named the PAAC nominated member.
Hope Nelson spoke on her qualifications to be named the PAAC nominated member.
Chuck Hunter spoke on his qualifications to be named the PAAC nominated member.
July 11, 2023 Carlsbad City Council Regular Meeting Page 6
Steve Clute spoke on his qualifications to be named the PAAC nominated member.
Vickey Syage spoke on her qualifications to be named the PAAC nominated member.
Kris Wright spoke on her qualifications to be named the PAAC nominated member.
Martin Schubert spoke on his qualifications to be named the PAAC nominated member.
Christian Osmond spoke on his qualifications to be named the PAAC nominated member.
Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, to adopt Resolution
No. 2023-194 appointing Shirley Anderson as the primary candidate. Motion carried
unanimously, 5/0.
Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, to adopt Resolution
No. 2023-194 appointing Gary Greening as the alternate candidate. Motion carried
unanimously, 5/0.
12. 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, and;
2) Adoption of Resolution No. 2023-195 extending the Proclamation of Bicycle, E-Bicycle and
Motorized Mobility Device Safety Local Emergency in the City of Carlsbad until September 8,
2023, at 5 p.m., unless otherwise extended or terminated by the City Council. (Staff contact:
Geoff Patnoe, City Manager Department)
City Manager’s Recommendation: Receive the report and adopt the resolution.
Assistant City Manager Geoff Patnoe and Transportation Director Tom Frank reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
City Council received the report.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-195. Motion carried unanimously, 5/0.
13. FOLLOW-UP ON ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD – Receive an update,
review options and provide direction to staff on how to proceed with electrification options
for new buildings in the next draft Climate Action Plan Update in 2023. (Staff contact: Katie
Hentrich, Public Works Department)
City Manager’s Recommendation: Receive the update and provide direction to staff.
July 11, 2023 Carlsbad City Council Regular Meeting Page 7
Senior Program Manager Katie Hentrich reviewed a PowerPoint presentation (on file in the
Office of the City Clerk).
City Council received the update.
Barbara Diamond expressed her concerns in regard to greenhouse gases.
Lynda Daniels expressed her concerns in regard to greenhouse gases.
Michael McMahon spoke regarding a climate emergency.
Paige DeCino spoke regarding an electric preferred ordinance for new buildings.
Council Member Luna expressed her desire of having an electric preferred ordinance be an
option, but requested clarification as to why requests from last summer were to include
unplugging EVs and reducing electric use due to no grid support system. Senior Program
Manager Hentrich responded that reports have shown that the grid reliability is no longer a
concern.
In response to Council Member Acosta’s inquiry, Senior Program Manager Hentrich explained
that the city does not have any type of ordinance drafted for the electric preferred option.
In response to Council Member Acosta’s inquiry, Senior Program Manager Hentrich explained
that a list of measures will be presented to the City Council for their approval to be included
in the next draft of the Climate Action Plan and the final adoption of the Climate Action Plan
should be presented in spring or summer 2024.
City Attorney Cindie McMahon explained that the electric preferred option is not a risk free
option and would require the approval of two state agencies which could take as long as 18
months to two years.
Motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel, to pursue
development of an electric preferred reach code.
In response to Mayor Pro Tem Bhat-Patel, City Manager Chadwick explained that it may not
be possible to bring the development of an electric preferred reach code back to the City
Council by May 2024.
In response to Council Member Luna’s inquiry, City Manager Chadwick explained that staff
could return in October with an estimated cost and timeline for the development of an
electric preferred reach code.
Council Member Acosta withdrew her previous motion.
July 11, 2023 Carlsbad City Council Regular Meeting Page 8
Motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel, for staff to
return to City Council on a date certain of Sept. 12, 2023, with an update on electric reach
codes. Motion carried, 3/2 (Blackburn, Burkholder – No).
14. ACCEPTING A STATE GRANT TO PROVIDE SERVICES TO ASSIST INDIVIDUALS AND
HOUSEHOLDS EXPERIENCING HOMELESSNESS IN THE CITY OF CARLSBAD – 1) Adoption of
Resolution No. 2023-196 authorizing the City Manager to execute a grant agreement and
related program documents with the California Interagency Council on Homelessness and
authorizing the Deputy City Manager, Administrative Services, to appropriate an additional
$2,358,408.94 to the State Grant Special Revenue Fund’s fiscal year 2023-24 operating
budget; and
2) Adoption of Resolution No. 2023-197 authorizing the City Manager to execute
professional services agreements with Interfaith Community Services, Community Resource
Center, Southern California Care Community and Catholic Charities Diocese of San Diego to
provide services identified in the approved Encampment Resolution Grant to assist
individuals and households experiencing homelessness in the City of Carlsbad, and
authorizing a professional services procurement exemption. (Staff contact: Mandy Mills and
Chris Shilling, Community Services Department)
City Manager’s Recommendation: Adopt the resolutions.
Housing & Homeless Services Director Mandy Mills reviewed a PowerPoint presentation (on
file in the Office of the City Clerk).
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-196 and Resolution No. 2023-197. Motion carried unanimously, 5/0.
15. REQUEST TO FLY COMMEMORATIVE FLAGS – Consider a request from Council Member
Burkholder to discuss constituent requests to fly commemorative flags. (Staff contact: Sheila
Cobian, City Manager Department)
City Manager’s Recommendation: Consider the request and provide direction to staff as
necessary.
Nate Watts spoke regarding retaliation and division of the community.
Kayley Teagle expressed her concerns regarding some of the flags mentioned in the staff
report.
Ruby Belt expressed her concern regarding the proposal of flying certain flags at City Hall.
Emily Crysler expressed her concerns regarding the flags mentioned in the staff report and
negligence against children.
July 11, 2023 Carlsbad City Council Regular Meeting Page 9
Pierre Cochet Weinandt expressed his concern with flying one of the flags mentioned in the
staff report.
Mayor Blackburn declared a recess at 7:45 p.m.
Mayor Blackburn reconvened the meeting at 7:50 p.m.
Bradley Reimers expressed his concerns in regard to flying the confederate flag at City Hall.
Vickey Syage expressed her concerns in regard to flying commemorative flags at City Hall.
Kevin Sabellico expressed his disappointment with the idea of flying the confederate flag at
City Hall.
Richard Newton expressed his concern with flying a different flag as being a divisive burden
on the majority of people.
Brian Connor spoke regarding the divisiveness of flying other flags.
Scott Davison (on behalf of a group consisting of Robert Lee, Tamara Dixon, Mike Borrello,
and Maril Adrian) spoke regarding a lawsuit between the City of Boston and a religious group
regarding unconstitutional viewpoint discrimination.
North County LGBTQ Center Director of Operations Lisa Nava expressed her concerns in regard
to the lack of unity the LGBTQ community experiences.
North County LGBTQ Center Executive Director Max Disposti expressed his concern in regard
to the various flags being requested to be flown.
Austin Hansch expressed his concern in regard to flying the confederate flag at City Hall.
Sandra Martinez requested that the City Council only fly the United States and California state
flags.
Holly Herring expressed her concerns in regard to this item dividing the community and
hurting constituents.
Council Member Burkholder explained that the flags mentioned in the staff report were
suggestions from constituents, and expressed the need for a flag policy.
City Council considered the request and took no action.
July 11, 2023 Carlsbad City Council Regular Meeting Page 10
PUBLIC COMMENT CONTINUED:
Brian Connor expressed his concerns regarding the ongoing noise pollution problem at the
Poseidon Desalination Plant
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.
Tuesday, July 18, 2023-3 p.m.
2022 Carlsbad Citizens of the Year Ceremony
City of Carlsbad Council Chamber
1200 Carlsbad Village Dr.
Carlsbad, CA
CITY MANAGER COMMENTS:
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting in memory of Michael
Zepeda, Sr. at 8:19 p.m.
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Tamara R. McMinn, CPMC, CMC
Senior Deputy City Clerk