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Home My WebLink About2023-03-07; City Council; MinutesCITY COUNCIL March 7, 2023, 5 p.m. CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Blackburn announced that the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 6. He added that the City Council is also serving as both the City of Carlsbad City Council and the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 5 and on Departmental and City Manager Reports Item No. 11. INVOCATION: None. PLEDGE OF ALLEGIANCE: Council Member Bhat-Patel led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held Jan. 10, 2023 Minutes of the Regular Meeting held Jan. 10, 2023 Minutes of the Regular Meeting held Jan. 24, 2023 Minutes of the Special Meeting held Feb. 7, 2023 Minutes of the Regular Meeting held Feb. 7, 2023 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta to approve the minutes as presented. The motion passed, 4/0/1 (Luna -Abstain). PRESENTATIONS: Proclamation in Recognition of National Women's History Month Council Member Burkholder read the proclamation. Deputy City Manager Administrative Services Laura Rocha 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. PUBLIC COMMENT: Mary Lucid expressed her concerns with the senior center. Kein McDougall expressed his concerns with traffic safety in his neighborhood. Tamara Dixon expressed her concerns with Critical Race theory in Carlsbad schools. Krisha Walter expressed her concerns with Critical Race theory in Carlsbad schools. Glen Bernard provided an overveiw on presidential history. March 7, 2023 Carlsbad City Council Regular Meeting Page 2 CONSENT CALENDAR: Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1, 2, 3, 5, 6 and 7. Motion carried unanimously, 5/0. Council Member Luna recused herself from Consent Calendar Item No. 4 due to a conflict of interest, as she is a docent at the Flower Fields and also has a family member that is employed by the Flower Fields. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item No. 4. Motion carried, 4/0/1 (Luna -Abstain). 1. URBAN AREA SECURITY INITIATIVE GRANT FOR SWAT TRAINING -Adoption of Resolution No. 2023-065 approving additional funds for Fiscal Year 2021 Urban Area Security Initiative Grant Program, authorizing the City Manager to execute an agreement with the City of San Diego for the distribution of additional 2021 Urban Area Security Initiative Grant Funds, and authorizing the Deputy City Manager of Administrative Services to appropriate an additional $40,000 to the Public Safety Special Revenue Fund. {Staff contact: Amanda Baker, Police Department) 2. SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF PETER PASCUAL -Adoption of Resolution No. 2023-066 authorizing settlement of the Workers' Compensation claim of Peter Pascual for $50,170. {Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) 3. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES' ASSOCIATION AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION INC. AND AMENDMENTS TO THE MANAGEMENT COMPENSATION AND BENEFITS PLAN AND THE EMERGENCY MEDICAL TECHNICIAN EMPLOYMENT, COMPENSATION AND BENEFITS PLAN -Adoption Resolution No. 2023-067 approving memoranda of understanding between the City of Carlsbad and the Carlsbad City Employees' Association and the Carlsbad Firefighters' Association Inc. and approving amendments to the Management Compensation and Benefits Plan, the Emergency Medical Technician Employment, Compensation and Benefits Plan, the personnel rule and regulations, the Carlsbad City Employees' Association salary schedule and the Carlsbad Firefighters' Association Inc. hourly salary schedule. {Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services Department) 4. AGRICULTURAL CONVERSION MITIGATION FEE GRANT REQUESTS -Adoption of Resolution No. 2023-068 approving the appropriation of funds from the Agricultural Conversion Mitigation Fee Fund to Agua Hedionda Lagoon Foundation for $62,000, Buena Vista Audubon Society for $30,687, Flower Fields at Carlsbad Ranch for $50,000, and Carlsbad Aquafarms, Inc. for $230,000; and authorize the City Manager to execute a letter of agreement with each grant recipient. {Staff contact: Nicole Piano-Jones, Housing & Homeless Services Department) March 7, 2023 Carlsbad City Council Regular Meeting Page 3 5. COUNTY OF SAN DIEGO WELL PERMITS AND EN CINA WASTEWATER AUTHORITY SPECIAL USE PERMIT APPLICATIONS, INCLUDING FOR THE KELLY DRIVE SEWER REPLACEMENT PROJECT (CIP PROJECT NO. 5548-A) -1) Adoption of Resolution No. 2023-069 authorizing the filing of permit applications and execution of indemnity agreements for County of San Diego and Encina Wastewater Authority permits; and 2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1698 authorizing the filing of permit applications and execution of indemnity agreements for County of San Diego and Encina Wastewater Authority permits; and 3) Adoption of Resolution No. 2023-070 authorizing the filing of permit applications and execution of indemnity agreements for County of San Diego and Encina Wastewater Authority permits for the Kelly Drive Sewer Replacement Project. (Staff contact: Dave Padilla and Neil Irani, Public Works Department) 6. REJECTION OF BIDS RECEIVED AND AUTHORIZATION TO RE-ADVERTISE FOR BIDS FOR THE EL FUERTE AND MAERKLE MOTORIZED VALVES PROJECT (CIP PROJECT NO. 5007, 5009, SOSO) - Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1699 rejecting the bids received and authorizing the Secretary of the Board of Directors to re- advertise for bids for the El Fuerte and Maerkle Motorized Valves Project. (Staff contact: Dave Padilla and Sean Diaz, Public Works Department) 7. AUTHORIZE PARTICIPATION IN UPCOMING AND FUTURE NATIONAL OPIOID LITIGATION SETTLEMENTS -Adoption of Resolution No. 2023-071 authorizing the City Attorney to sign the necessary documents for the City of Carlsbad to participate in national prescription opiate litigation settlements. (Staff contact: Cindie McMahon, City Attorney's Department) ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. REESTABLISHING THE CARLSBAD TOURISM IMPROVEMENT DISTRICT UNDER THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 -Allow public testimony on the formation of the Carlsbad Tourism Business Improvement District under the Property and Business Improvement District Law of 1994 and the proposed levy of assessments on lodging businesses. (Staff contact: David Graham and Matt Sanford, Administrative Services Department) City Manager's Recommendation: Receive the public testimony. Economic Development Manager Matt Sanford presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). March 7, 2023 Carlsbad City Council Regular Meeting Page 4 The City Council received the report. 9. WORK PLANS FOR FISCAL YEAR 2022-23 FOR THE LIBRARY BOARD OF TRUSTEES AND THE ARTS COMMISSION -1) Adoption of Resolution No. 2023-072 accepting the fiscal year 2021- 22 Library Board of Trustees Work Plan Report of accomplishments and approving the fiscal year 2022-23 Library Board of Trustees Work Plan; and 2) Adoption of Resolution No. 2023-073 accepting the fiscal year 2021-22 Arts Commission Work Plan Report of accomplishments and approving the fiscal year 2022-23 Arts Commission Work Plan. (Staff contact: Suzanne Smithson and Richard Schultz, Community Services Department) City Manager's Recommendation: Adopt the resolutions. Library & Cultural Arts Director Suzanne Smithson, Cultural Arts Manager Richard Schultz, Library Board of Trustees Vice Chair Stan Schatt and Arts Commission Chair Barbara Chung presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mary Lucid expressed her support for extending library hours of operation. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-072 and Resolution No. 2023-073. Motion carried unanimously, 5/0. 10. UPDATE ON THE STATUS OF NEGOTIATIONS TO RELOCATE SAN DIEGO GAS & ELECTRICS NORTH COAST SERVICE CENTER -Receive status update and provide direction on negotiations to relocate SDG&E's North Coast Service Center. (Staff contact: Gary Barberio, Community Services Department and Cindie McMahon, City Attorney's Department) City Manager's Recommendation: Receive the update and provide direction to staff. Deputy City Manager Community Services Gary Barberio presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). SDG&E Vice President of Operations Support Jennifer Jett and NRG Vice President of Asset Management Eric Leuze also provided a PowerPoint presentation (n file in the Office of the City Clerk). Glen Bernard expressed his concern with SDG&E utility poles in the City of Carlsbad. In response to an inquiry from Council Member Acosta, Deputy City Manager Community Services Barberio explained that the city entered negotiations in January 2014. He added that it is estimated to take at least an additional year to conclude the regulatory approval process after an agreement is met. March 7, 2023 Carlsbad City Council Regular Meeting Page 5 In response to an inquiry from Council Member Acosta, Deputy City Manager Community Services Barberio explained that SDG&E is estimating that the anticipated construction costs, land costs and tax implications exceeds the $22.5 million included in the negotiation from NRG. In response to an inquiry from Council Member Burkholder, Deputy City Manager Community Services Barberio explained that the location criteria was provided by SDG&E, and the original agreement was that the site needed to be a mutually acceptable location for both the city, and SDG&E. He added that the $22.5 million from NRG was originally intended for construction costs and did not include land cost. Motion by Mayor Blackburn, seconded by Mayor Pro Tern Bhat-Patel, directing staff to continue negotiations with SDG&E and NRG for an additional six months to explore additional solutions to the current funding gap and to return to the City Council in September 2023, or sooner, with an update on the continuing negotiations. Motion carried unanimously, 5/0. 11. ADOPTING A UTILITIES RESERVE POLICY -1) Adoption of Resolution No. 2023-074 adopting a Utilities Reserve Policy for the Wastewater Enterprise Fund; and 2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1700 adopting a Utilities Reserve Policy for potable water and recycled water enterprise funds. (Staff contact: Vicki Quiram and Shoshana Aguilar, Public Works Department) City Manager's Recommendation: Adopt the resolutions. Utilities Director Vicki Quiram and Senior Management Analyst Shoshana Aguilar presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Luna, Utilities Director Quiram explained that the policy requires an annual review of the rates. She added that the purpose of the reserves is to allow flexibility in those rates each year. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-074 and Carlsbad Municipal Water District Board of Directors Resolution No. 1700. Motion carried unanimously, 5/0. PUBLIC COMMENT (cont): League of Women Voters of North County San Diego President Rosette Garcia requested that the City of Carlsbad hold candidate forums. Carlsbad Equality Coalition President Brandon Tiongison expressed his support for DEi policies. 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. March 7, 2023 Carlsbad City Council Regular M eeting Page 6 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. Wednesday, March 8, 2023 5 p.m. -7 .p.m. Chamber of Commerce "An Evening With" Event Aptera Motors 5818 El Camino Real Carlsbad, CA 92008 Saturday, March 11, 2023 10:30 a.m. MOOYAH Burgers, Fries & Shakes Grand Opening 2540 El Camino Real, Suite A Carlsbad, CA 92008 CITY MANAGER COMMENTS: City Manager Scott Chadwick announced that there is a Safer Streets virtual workshop on March 16, 2023, from 6 p.m. - 7 p.m. He added that the link to register is on the city's webpage, carlsbadca.gov/saferstreets. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 6:55 p.m. t:}1/V Kaylin McCauley Deputy City Clerk