HomeMy WebLinkAbout2023-09-12; City Council; Minutes (2) Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Sept. 12, 2023, 5 p.m.
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Senior Deputy City Clerk Tammy McMinn led the Pledge of
Allegiance.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in recognition of Hispanic Heritage Month
Council Member Acosta read the proclamation. Christina Lorenzo accepted the proclamation
and said a few words.
Proclamation in recognition of National Preparedness Month
Council Member Luna read the proclamation. Kim Young accepted the proclamation and said a
few words.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon
announced there was no reportable action for the Aug. 29 and Sept. 12, 2023 Closed Sessions.
PUBLIC COMMENT:
Mary Lucid spoke regarding limited library hours.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve
Consent Calendar Item Nos. 1 through 3. Motion carried unanimously, 5/0.
1. REPORT ON CITY INVESTMENTS AS OF JULY 31, 2023 – Accept and file Report on City
Investments as of July 31, 2023. (Staff contact: Craig Lindholm and Laura Rocha,
Administrative Services Department)
2. AGREEMENT WITH CARRIER JOHNSON FOR DESIGN OF THE FLEET MAINTENANCE BUILDING
REFURBISHMENT PROJECT, CIP PROJECT NO. 4714 – Adoption of Resolution No. 2023-233
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 2
approving a professional service agreement with Carrier Johnson for design of the Fleet
Maintenance Building Refurbishment Project, Capital Improvement Program No. 4714, for
an amount not to exceed $464,232. (Staff contact: Steven Stewart, Public Works
Department)
3. APPOINTMENT OF ONE MEMBER TO THE CARLSBAD GOLF LODGING BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD AND THE CARLSBAD TOURISM BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD – 1) Adoption of Resolution No. 2023-234
appointing Chad Eding to the Carlsbad Golf Lodging Business Improvement District Advisory
Board; and
2) Adoption of Resolution No. 2023-235 appointing Chad Eding to the Carlsbad Tourism
Business Improvement District Advisory Board. (Staff contact: Tammy McMinn, City Clerk
Department)
ORDINANCES FOR INTRODUCTION:
4. AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE RELATED TO CHAPTER 1.20 MEETINGS
– Introduction of Ordinance No. CS-459 amending Carlsbad Municipal Code Chapter 1.20 –
Meetings. (Staff contact: Faviola Medina, City Clerk Department and Sheila Cobian, City
Manager Department)
City Manager’s Recommendation: Introduce the ordinance.
City Clerk Services Manager Faviola Medina and Legislative & Constituent Services Director
Sheila Cobian presented the report and reviewed a PowerPoint presentation (on file in the
Office of the City Clerk).
Council Member Luna requested that an update be made to Carlsbad Municipal Code
section 1.20.020 Regular, special and emergency city council meetings, to add language to
include an option to begin regular city council meetings at 4 p.m.
In response to an inquiry from Council Member Acosta, City Manager Scott Chadwick
explained that meetings last approximately 2 hours and 48 minutes.
In response to an inquiry from Council Member Acosta, City Clerk Services Manager Medina
explained that City of Oceanside City Council’s time limit for speaking is 10 minutes. Ms.
Medina went onto explain that City of San Diego has a time limit of 5 minutes.
In response to an inquiry from Council Member Burkholder, City Clerk Services Manager
Medina explained that only the final comment would be limited to 2 minutes.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Clerk Services Manager
Medina explained that the language of the ordinance can be modified to reflect what the
City Council desires.
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 3
Minute Motion by Mayor Blackburn, seconded by Council Member Burkholder, to revise the
proposed ordinance to add to Carlsbad Municipal Code section 1.20.100, “Council Members
should have a full and equal opportunity to ask questions and express their opinions and
fully deliberate on each item before action is taken. Once the Presiding Officer calls for final
comments on the item, each Council Member shall have up to three minutes to deliver their
concluding remarks related to the item prior to initiation of a City Council vote on the item.”
Motion carried unanimously, 5/0.
Minute Motion by Council Member Luna, seconded by Council Member Burkholder,
directing staff to return with an option for City Council discussion and consideration to
begin the Regular City Council meetings at 4 p.m. for calendar year 2024 – 3/2 (Bhat-Patel,
Acosta – No).
City Attorney Cindie McMahon titled the ordinance.
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance No. CS-459 and include language limiting the time of final City Council comments
under Chapter 1.20.100(E) Role of the Presiding Officer. Motion carried unanimously, 5/0.
ORDINANCES FOR ADOPTION:
5. ADOPTION OF ORDINANCE NOS. CS-451, CS-452, CS-453, CS-454 AND CS-455 AMENDING
THE CARLSBAD MUNICIPAL CODE RELATED TO BOARDS AND COMMISSIONS – 1) Adoption
of Ordinance No. CS-451 amending Carlsbad Municipal Code Chapter 2.15 Boards and
Commissions and Chapter 2.28 Traffic and Mobility Commission; and
2) Adoption of Ordinance No. CS-452 adding Chapter 2.34 Beach Preservation Commission
to the Carlsbad Municipal Code; and
3) Adoption of Ordinance No. CS-453 amending Carlsbad Municipal Code Chapter 2.36 Parks
and Recreation Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15
Boards and Commissions; and
4) Adoption of Ordinance No. CS-454 amending Carlsbad Municipal Code Chapter 2.38
Senior Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards
and Commissions; and
5) Adoption of Ordinance No. CS-455 amending Carlsbad Municipal Code Chapter 2.40
Housing Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards
and Commissions. (Staff contact: Faviola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt Ordinance Nos. CS-451 through CS-455.
City Attorney Cindie McMahon titled the ordinances.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-451, Ordinance No. CS-452, Ordinance No. CS-453, Ordinance No. CS-454
and Ordinance No. CS-455. Motion carried unanimously, 5/0.
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 4
6. ADOPTION OF ORDINANCE NO. CS-456 – AMENDING CARLSBAD MUNICIPAL CODE SECTION
10.44.030 RELATING TO SPEED LIMITS ON CARLSBAD BOULEVARD – Adoption of Ordinance
No. CS-456 amending Section 10.44.030 of the Carlsbad Municipal Code relating to speed
limits on Carlsbad Boulevard. (Staff contact: Faviola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-456.
City Attorney Cindie McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-456. Motion carried unanimously, 5/0.
7. ADOPTION OF ORDINANCE NO. CS-457 – CITYWIDE OBJECTIVE DESIGN STANDARDS –
Adoption of Ordinance No. CS-457 amending Carlsbad Municipal Code, Title 21 Zoning, to
add Chapter 21.88 and amend Chapter 21.45, to establish citywide objective design
standards for multifamily housing and mixed-use development projects pursuant to Housing
Element Program 1.11 (Case Name: Citywide Objective Design Standards; Case No.: ZCA
2020-0003, LCPA 2020-0007, PUB 2020-0004. (Staff contact: Faviola Medina, City Clerk
Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-457.
City Attorney Cindie McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-457. Motion carried unanimously, 5/0.
8. ADOPTION OF ORDINANCE NO. CS-458 – VILLAGE & BARRIO OBJECTIVE DESIGN STANDARDS
– Adoption of Ordinance No. CS-458 amending the Village and Barrio Master Plan, to
implement Housing Element Program 1.11 to develop Village and Barrio objective design
standards for multifamily housing and mixed-use development projects (Case Name: Village
and Barrio Objective Design Standards; Case No.: AMEND 2021-0008, LCPA 2023-0016,
DEV08014). (Staff contact: Faviola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-458.
City Attorney Cindie McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-458. Motion carried unanimously, 5/0.
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 5
PUBLIC HEARINGS:
9. HOPE APARTMENTS: A PROPOSED FOUR-STORY, 156-UNIT APARTMENT BUILDING AT 950
AND 1006 CARLSBAD VILLAGE DR., 2944 HOPE AVE., 945-A, 945-B AND 955 GRAND AVE. (CT
2022-0001/SDP 2022-0006) – Adopt Resolution No. 2023-236 approving a Tentative Tract
Map (CT 2022-0001) and Site Development Plan (SDP 2022-0006) to consolidate land,
demolish an existing hotel and three residential structures and construct a four-story, 156-
unit multi-family residential apartment building with subterranean parking located at 950
and 1006 Carlsbad Village Dr., 2944 Hope Ave., 945-A, 945-B and 955 Grand Ave. and within
Local Facilities Management Zone 1 (Case Name: Hope Apartments; Case No.: CT 2022-
0001/SDP 2022-0006 (DEV2022-0030). (Staff contact: Shannon Harker, Community
Development Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt
the resolution.
Senior Planner Shannon Harker and Assistant Director of Community Development Mike
Strong presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
Council Member Luna announced an ex parte disclosure stating that she had walked the
site, was a patron at Carl’s Junior and walked the area.
Mayor Blackburn opened the duly noticed public hearing at 6:03 p.m.
Hearing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
6:03 p.m.
Austin Wermer and Patrick Zabrocki with Wermers Companies, representatives of the Hope
Apartments presented a report and reviewed a PowerPoint presentation (on file in the
Office of the City Clerk).
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Senior Planner Harker explained
that the inclusionary housing ordinance requires 15% of the total base dwelling units to be
low income, but the proposed units will be very low-income units therefore only require
12.5% of the units to be low income.
In response to an inquiry from Council Member Acosta, Assistant Director of Community
Development Strong explained that income categories relate to the median income so there
are percentiles associated to each income category groups. He further explained that low
income is 80% of the area median income and the very low income is 50% of the area
median income.
In response to an inquiry from Council Member Acosta, Assistant Director of Community
Development Strong explained that the cost threshold sizes are based on family unit sizes
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 6
therefore the income amount for a three-person household family size at the 50% income
level is $62,000 and for a four-person household family size it is $68,000.
Motion by Council Member Burkholder, seconded by Mayor Blackburn, to adopt Resolution
No. 2023-236 with an amendment to add the sidewalk to connect to Carlsbad Village Drive.
Motion carried unanimously, 5/0.
Mayor Blackburn called for a recess at 6:28 p.m.
Mayor Blackburn readjourned the duly noticed meeting at 6:40 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. MAYORAL APPOINTMENT OF ONE MEMBER TO THE HISTORIC PRESERVATION COMMISSION
– Adoption of Resolution No. 2023-237 appointing John May to the Historic Preservation
Commission. (Staff contact: Tammy McMinn, City Clerk Department)
City Manager’s Recommendation: Adopt the resolution.
Motion by Mayor Blackburn to adopt Resolution No. 2023-237 appointing John May to the
Historic Preservation Commission. Motion carried unanimously, 5/0.
11. ESTABLISHING A PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST, APPOINTING
PUBLIC AGENCY RETIREMENT SYSTEM AS THE TRUST ADMINISTRATOR AND AMENDING
AND ADOPTING CITY COUNCIL POLICIES – 1) Adoption of Resolution No. 2023-238
approving the adoption of the Public Agencies Post-Employment Benefits Trust
administered by Public Agency Retirement Services; and
2) Adoption of Resolution No. 2023-239 approving the amendment of City Council Policy
No. 86 for pension funding; and
3) Adoption of Resolution No. 2023-240 approving City Council Policy No. 98 for the City’s
Pension Trust Investment Policy. (Staff contact: Zach Korach, Administrative Services
Department)
City Manager’s Recommendation: Adopt the resolutions.
Finance Director Zach Korach presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mary Lucid spoke in favor of the resolutions.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Finance Director Korach
explained that the city does not have the exact data of funded status and comparing across
jurisdictions within the county as of June 30, 2021, Carlsbad was shortly behind the City of
Coronado who was above the 80% funded status mark.
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 7
In response to an inquiry from Council Member Burkholder, Finance Director Korach
explained that establishing a Section 115 trust will not impact employees and is solely
between the city funding the Section 115 trust.
In response to an inquiry from Mayor Blackburn, Finance Director Korach explained that
CalPERS will show a funded status that does not include or factor in contributions made to a
Section 115 trust since CalPERS does not control those funds. Finance Director Korach
further explained that pension obligation bonds are a strategy that agencies use to pay
down unfunded liabilities which Carlsbad does not do.
City Attorney Cindie McMahon proposed a change to Resolution No. 2023-238 of
paragraph three. City Attorney McMahon explained that the resolution has that the City
Council appointing the Deputy City Manager of Administrative Services as the Plan
Administrator, but it should say City Manager is the city’s Plan Administrator.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-238, Resolution No. 2023-239 and Resolution No. 2023-240. Motion
carried unanimously, 5/0.
12. FOLLOW-UP ON ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD – Receive information
on electric-preferred reach codes, review options and provide direction to staff on how to
proceed with the next draft Climate Action Plan Update in 2023. (Staff contact: Katie
Hentrich, Public Works Department)
City Manager’s Recommendation: Receive information, review options and provide
direction to staff.
Senior Program Manager Katie Hentrich, Assistant Director of Community Development
Mike Strong and Deputy City Attorney Gina Herrera presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Carl Aldinger spoke in support of the electric-preferred reach codes.
Paige DeCino spoke in support of option one.
Lynda Daniels spoke in favor of option one.
Kathleen Steindelberger spoke in favor of electrification of new buildings.
In response to an inquiry from Council Member Burkholder, Senior Program Manager
Hentrich explained the different options, timelines and costs associated with each option.
In response to an inquiry from Council Member Burkholder, Assistant Director of
Community Development Strong explained that the 2019 Reach Code was stated as a
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 8
continuation of the reach code, with the 2022 California Building Code technically being a
reach code.
In response to an inquiry from Council Member Acosta, Assistant Director of Community
Development Strong explained that the Climate Action Plan did not direct any subsequent
implementing ordinances to go beyond what was already codified in the reach code.
In response to an inquiry from Mayor Blackburn, Deputy City Attorney Herrera explained
that Option 3 follows the 2025 Energy Code but allows for public input opportunities.
Assistant Director of Community Development Strong further explained that the 2025
Energy Code would be very similar to the 2022 edition with a continuation of the existing
reach codes.
In response to an inquiry from Council Member Luna, Assistant Director of Community
Development Strong explained that the adopted Climate Action Plan and forecasted future
emissions took account measures to reduce greenhouse gas emissions, assumed the
implementation of the 2019 Reach Code which was re-adopted in 2022 for the full cycle of
the build out of the general plan. He further explained that the Climate Action Plan as it
exists today is valid.
Motion by Mayor Blackburn, seconded by Council Member Luna, to select Option 3,
directing staff to take no further action on developing a reach code and participate and
follow the 2025 Energy Code and Green Building Code cycle to plan for and identify GHG
savings from future green building requirements, resulting in no reach code update – 3/2
(Bhat-Patel, Acosta – No).
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.
Thursday, Sept. 14, 2023
5 p.m. - 8 p.m.
Carlsbad Citizens Academy
City Council Chamber
1200 Carlsbad Village Dr.
Carlsbad, CA, 92008
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
Sept. 12,2023 Carlsbad City Council Regular Meeting Page 9
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Black burn adjourned the duly noticed meeting at 8:27 p.m.
Ana Marie Alarcon, CMC
Deputy City Clerk