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Home My WebLink About2023-10-24; City Council; Minutes Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. PLEDGE OF ALLEGIANCE: Cub Scouts Pack 770 led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in recognition of Boy Scouts of America 100 Year Anniversary in Carlsbad Council Member Burkholder presented the proclamation to Scoutmaster Bob Dixon. Proclamation in recognition of San Diego Startup Week Mayor Pro Tem Bhat-Patel presented the proclamation to Startup San Diego Board Chair Cathy Pucher. PUBLIC COMMENT: Mary Lucid spoke regarding the Senior Center. Lynda Daniels thanked City Manager Chadwick and Tina Ray for the new environment climate action plan monthly newsletter and the proposed Climate Action Plan. Raul Villamar spoke regarding crime near his home. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1 and 2. Motion carried unanimously, 5/0. 1. FISCAL YEAR 2023-2024 CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT IN THE AMOUNT OF $200,000 Adoption of Resolution No. 2023-268 authorizing the City Manager to accept a grant of $200,000 from the California Office of Traffic Safety’s Selective Traffic Enforcement Program and authorizing the Deputy City Manager, Administrative Services to appropriate the grant funds. (Staff contact: Amanda Baker, Police Department) This item was pulled for a public speaker comment 2. COUNTY OF SAN DIEGO’S REQUEST FOR PROPOSALS NO. 12715 - HEALTH AND HUMAN SERVICES AGENCY, OLDER CALIFORNIANS NUTRITION PROGRAM – Adoption of a resolution authorizing the City Manager to execute and submit proposals and all agreements and program documents related to the County of San Diego’s Request for Proposals No. 12715 - Health and Human Services Agency, Older Californians Nutrition Program, and future similar Oct. 24, 2023, 5 p.m. Oct. 24, 2023 Carlsbad City Council Regular Meeting Page 2 requests for proposals provided the City Council has approved adequate funding for the program in the budget process, and authorizing the Deputy City Manager, Administrative Services to accept and appropriate the associated funding received from the county during the initial term and each option term of the agreements. (Staff contact: Kyle Lancaster, Community Services Department) CONSENT CALENDAR ITEM PULLED: This item was pulled for a public speaker comment 2. COUNTY OF SAN DIEGO’S REQUEST FOR PROPOSALS NO. 12715 - HEALTH AND HUMAN SERVICES AGENCY, OLDER CALIFORNIANS NUTRITION PROGRAM – Adoption of Resolution No. 2023-269 authorizing the City Manager to execute and submit proposals and all agreements and program documents related to the County of San Diego’s Request for Proposals No. 12715 - Health and Human Services Agency, Older Californians Nutrition Program, and future similar requests for proposals provided the City Council has approved adequate funding for the program in the budget process, and authorizing the Deputy City Manager, Administrative Services to accept and appropriate the associated funding received from the county during the initial term and each option term of the agreements. (Staff contact: Kyle Lancaster, Community Services Department) Mary Lucid spoke regarding the quality of food and service at the Senior Center. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 3. ADOPTION OF ORDINANCE NO. CS-460 – NON-STOREFRONT RETAIL MEDICINAL CANNABIS DELIVERY SERVICE BUSINESSES – Adoption of Ordinance No. CS-460 amending Chapter 8.90, adding Chapter 8.95, and repealing Section 5.04.160 of the Carlsbad Municipal Code to allow non-storefront retail medicinal cannabis delivery service businesses consistent with the Medicinal Cannabis Patients’ Right to Access Act, also referred to as Senate Bill 1186. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt Ordinance No. CS-460. City Attorney Cindie McMahon titled the ordinance. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-460. Motion carried unanimously, 5/0. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 4. ANNUAL CARLSBAD SISTER CITY PROGRAM UPDATE – Receive the annual update on the programs, relationships and finances of Carlsbad’s Sister City Program as required by City Council Policy No. 77. (Staff contact: Sheila Cobian, City Manager Department) City Manager’s Recommendation: Receive the annual update. Oct. 24, 2023 Carlsbad City Council Regular Meeting Page 3 Legislative & Constituent Services Director Sheila Cobian introduced President of Carlsbad’s Sister City Ambassadors Tom Hersant who reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Council received the update. 5. REPORT ON TRAFFIC SAFETY IN CARLSBAD, INCLUDING TRENDS, IMPROVEMENTS COMPLETED AND NEXT STEPS FOLLOWING THE TRAFFIC SAFETY EMERGENCY – Receive a report on traffic safety in Carlsbad, including trends, improvements completed and next steps, following the conclusion of the local traffic safety emergency proclaimed Aug. 23, 2022. (Staff contact: Geoff Patnoe, City Manager Department) City Manager’s Recommendation: Receive the report. City Manager Scott Chadwick, Communication & Engagement Director Kristina Ray, Transportation Director Tom Frank, and Police Chief Mickey Williams presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Pete Penseyres thanked the City Council for adopting the Vision Zero resolution and the Police Department for attending the Smart Cycling Program Training and becoming League of American Bicyclists certified instructors. City Council received the report 6. CITY COUNCIL POLICY STATEMENT – ELECTED OFFICIAL’S USE OF THE CITY’S OFFICIAL LOGO, SEAL AND LETTERHEAD – Adoption of a resolution approving City Council Policy Statement – Elected Official’s use of the city’s official logo, seal and letterhead. (Staff contact: Faviola Medina, City Clerk Department and Sheila Cobian, City Manager Department) City Manager’s Recommendation: Adopt the resolution. 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). City Council discussion ensued regarding the benefits of having a Policy in place to ensure that when Council Members use City letterhead and express their personal opinions on a matter rather than that of the entire Council that it is clearly stated in the letter. Minute Motion by Mayor Blackburn, seconded by Council Member Burkholder, directing staff to help prepare City Council Member use of city letterhead guidelines and incorporate those guidelines into the code of ethics. The guidelines should include that: • a Council Member may speak on a topic that is consistent with the City’s legislative position, otherwise, the Council Member needs to indicate clearly and conspicuously that they are not speaking on behalf of the City and that it is their own personal opinion • they will be self-policed • staff review of correspondence is optional • if correspondence is of personal opinion, the Council Member will send out their own correspondence, not staff Oct. 24, 2023 Carlsbad City Council Regular Meeting Page 4 • flexibility to send out congratulatory type letters • letterhead cannot be used for political or personal purposes. Motion carried, 4/1 (Burkholder – No). Mayor Blackburn called for a recess at 6:43 p.m. Mayor Blackburn reconvened the meeting at 6:53 p.m. 7. POTENTIAL TRANSIENT OCCUPANCY TAX INCREASE – Receive a report requested by the City Council regarding a potential increase of the city’s transient occupancy tax rate and provide feedback and direction on next steps, if any. (Staff contact: Laura Rocha and Zach Korach, Administrative Services Department) City Manager’s Recommendation: Receive the report and provide direction to staff. Intergovernmental Affairs Director Jason Haber, Finance Director Zach Korach, and Economic Development Manager Matt Sanford presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). San Diego Lodging Association representative Fred Tayco expressed his concerns regarding the proposed Transient Occupancy Tax (TOT) increase. Tracy Carmichael expressed her concerns regarding a sales tax or TOT increase and the city’s fiduciary duty. Kris Wright spoke in favor of increasing the TOT. Grand Pacific Resorts Co-President Tim Stripe spoke in opposition to raising the TOT and asked the city to further research and explore all options. Hilton Managing Partner Bill Canepa spoke regarding the cost increases in the hotel industry. Chief Executive Officer of Azul Hospitality Group Alvaro Fraile spoke against raising the TOT. Chamber of Commerce President and CEO Bret Schanzenbach spoke against raising the TOT. Area Director of Sales & Marketing for Cape Ray Carlsbad and the Hilton Garden Inn Carlsbad Beach Rob Stirling spoke regarding the hotel business becoming increasingly difficult. In response to Council Burkholder’s inquiry, Economic Development Manager Sanford explained that 14.8% of total occupancy was driven by group business. In response to Council Member Acosta’s inquiry, Finance Director Korach explained that in FY 2028-29, the deficit is projected to be $4.2 million. Mayor Blackburn explained that many of Carlsbad’s hotels are small businesses and would be extremely burdened with increasing the TOT. Oct. 24, 2023 Carlsbad City Council Regular Meeting Page 5 Cou ncil Member Luna explained that there are many other places where money can be saved, staff should look inward for savings opportunities, and that she is not in support of any increases. Council Member Burkholder expressed her concern regarding the impact on restaurants, stores and hotel staff if taxes were increased. She asked staff to identify areas where contract services can be used for decreasing the pension obligation and health benefits, and only hire when existing positions become vacant and compensating below the vacated position. Council Member Burkholder also requested a separate item to address issues with an ad-hoc committee meeting with Finance to reduce ongoing operational cost relative to staff and the organization. She also explained that she will not be supporting this item. Cou ncil Member Acosta spoke regarding her concern that the TOT increase could impact low income families and the economy. Mayor Pro Tern Bhat-Patel spoke regarding her concern that the TOT increase could harm Carlsbad's competitiveness with other cities. Motion by Mayor Blackburn, seconded by Mayor Pro Tern Bhat-Patel, to take no further action at this time. Motion carried unanimously, 5/0. 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, Nov. 2, 2023 5:30 p.m. -7:30 p.m. City of Carlsbad Boards & Commissions Appreciation Event The Crossings at Carlsbad 5800 The Crossings Drive Carlsbad, CA CITY MANAGER COMMENTS: City Manager Chadwick thanked staff for the TOT presentation. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:13 p.m. ~~ Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk