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Home My WebLink About2024-08-20; City Council; Minutes (2)CITY COUNCIL Minutes Aug. 20, 2024, 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 PLEDGE OF ALLEGIANCE: Fire Chief Michael Calderwood led the Pledge of Allegiance. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. APPROVAL OF MINUTES: None. CLOSED SESSION: No reportable action PRESENTATIONS: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon announced that there was no reportable action. PUBLIC COMMENT: Mary Lucid spoke regarding her ban from the Senior Center. Diane Ricker spoke regarding tracking devices and compromised cell phones. Alliance for Drug Free Youth Representative Peggy Walker spoke regarding tobacco, marijuana and vaping. Madison Rapp spoke regarding healthy pregnancy and infant care associated with cannabis use during pregnancy and breastfeeding. CONSENT CALENDAR: Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1, 2 and 4 through 6. Motion carried unanimously, 5/0. 1. REPORT ON CITY INVESTMENTS AS OF JUNE 30, 2024 -Accept and file Report on City Investments as of June 30, 2024. (Staff contact: Zach Korach, Administrative Services Department) 2. AGREEMENT WITH HINDERLITER DE LLAMAS AND ASSOCIATES FOR SALES AND USE TAX AUDITING, ANALYSIS AND REPORTING SERVICES -1) Adoption of Resolution No. 2024-200 authorizing the Mayor to enter into an agreement with Hinderliter de Llamas and Associates as the consultant authorized to examine sales and use tax records of the California Department of Tax and Fee Administration on the city's behalf; and 2) Adoption of Re solution No. 2024-201 approving Hinderliter de Llamas and Associates as the consultant authorized to examine sales and use tax records of the California Department Aug.20,2024 Carlsbad City Council Regular Meeting Page 2 of Tax and Fee Administration on the city's behalf. (Staff contact: Jason Rosado, Administrative Services Department) This item was pulled for public comment. 3. CITY COUNCIL CODE OF ETHICS AND PUBLIC SERVICE VALUES -Adoption of a resolution affirming the City Council Code of Ethics and Public Service Values as proposed at the regular City Council meeting held on July 16, 2024. (Staff contact: Sheila Cobian, City Manager Department) 4. SUMMARY VACATION OF RELINQUISHMENT OF ACCESS RIGHTS OVER A PORTION OF LOT 3 SUBDIVISION MAP NO. 14962 LOCATED ON WHIPTAIL LOOP (VAC2023-0001) -Adoption of Resolution No. 2024-203 approving a summary vacation of a relinquishment of access rights over a portion of Lot 3 of Subdivision Map No. 14962 located on Whiptail Loop. (Staff contact: David Rick, Community Services Department) 5. SUMMARY VACATION OF AN UNNAMED PUBLIC EASEMENT AT 3851 PARK DRIVE (VAC2024- 0001) -Adoption of Resolution No. 2024-204 approving a summary vacation of an unnamed public easement over a portion of Lot 41 of development Map No. 3019, located at 3851 Park Drive. (Staff contact: Nichole Fine, Community Services Department} 6. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2024- 25 SCHOOL YEAR -Adoption of Resolution No. 2024-205 approving a memorandum of understanding between the City of Carlsbad and Carlsbad Un ified School District for the School Resource Officer Program for the 2024-25 school year. (Staff contact: Jeffery Smith and Amanda Simpson, Police Department} CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: 3. CITY COUNCIL CODE OF ETHICS AND PUBLIC SERVICE VALUES -Adoption of Resolution No. 2024-202 affirming the City Council Code of Ethics and Public Service Values as proposed at the regular City Council meeting held on July 16, 2024. (Staff contact: Sheila Cobian, City Manager Department} Mary Lucid expressed her concerns regarding the ethics of the decision to ban her from the Senior Commission. Jean Walker spoke regarding dues paid to California League of Cities, adding that the votes at the League Board should be reported back to the City Council. Council Member Burkholder requested to discuss new verbiage in the Code of Ethics regarding Council Members making a presentation or speech in a different Council Member's district and notifying them as a courtesy. Motion by Council Member Burkholder, seconded by Mayor Blackburn, to amend the fourth bullet point of Item 4 under Value: Responsibility of the City Council Code of Ethics & Public Aug.20,2024 Carlsbad City Council Regular Meeting Page 3 Service Values to read as follows: I keep open communication with my fellow City Council Members when speaking or making presentations or when hosting events as a City Council Member in our official capacity in other City Council Members' districts. Motion carried unanimously, 5/0. BOARD AND COMMISSION MEMBER APPOINTMENTS: None. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 7. ORDINANCE NOS. CS-473 AND CS-474 AMENDING TITLE 81 TITLE 11, TITLE 15 AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE -1) Adoption of Ordinance No. CS-473 approving amendments to Title 8, Public Peace, Morals and Safety, and Title 11, Public Property, of the Carlsbad Municipal Code; and 2) Adoption of Ordinance No. CS-474 approving a zone code amendment and a Local Coastal Program Amendment to Title 15, Grading and Drainage, and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code to complete various miscellaneous cleanup changes. {Staff contact: Faviola Medina, City Clerk Department) City Manager's Recommendation: Adopt Ordinance Nos. CS-473 and CS-474. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, adopting Ordinance Nos. CS-473 and CS-474. Motion carried unanimously, 5/0. 8. ORDINANCE NO. CS-475 ADDING CHAPTER 6.15 TO THE CARLSBAD MUNICIPAL CODE TO PROHIBIT SMOKING IN MULTI-UNIT RESIDENCES -Adoption of Ordinance No. CS-475 adding Chapter 6.15 to the Carlsbad Municipal Code to prohibit smoking in multi-unit residences. {Staff contact: Faviola Medina, City Clerk Department) City Manager's Recommendation: Adopt Ordinance No. CS-475. Council discussion ensued regarding the use of medical marijuana. In response to Council Member Burkholder's inquiry requiring how a government agency can require a private corporation to enforce an ordinance against any of its board members, employees or stockholders, City Attorney McMahon explained that the City Council has "Police powers" which are used to impose any regulations to protect the public health and safety. In response to Council Member Burkholder's inquiry what were to happen if a fire were to occur due to the board's failure to enforce the non-smoking ordinance and insurance did not cover the damage, City Attorney McMahon clarified that there would be no liability on behalf of the city. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, adopting Ordinance No. CS-475. Motion carried, 4/1 {Burkholder-No). Aug.20,2024 Carlsbad City Council Regular Meeting Page 4 PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. RESUSCITATION OUTCOMES, 2023-2024 -Receive a report describing recent outcomes of emergency medical services patients in cardiac arrest. (Staff contact: Nathan Pearson, Fire Department) City Manager's Recommendation: Receive the report. Fire Division Chief Nathan Pearson and Community Health Nurse Christina Gilmore reviewed the report and presented a PowerPoint presentation (on file in the Office of the City Clerk). City Council received the report. San Diego County EMS Office Representative Michael Assof thanked the Carlsbad Fire Department and explained the Revive and Survive San Diego initiative. 10. PROGRESS REPORT ON ACTIONS TO ADDRESS CONCERNS RELATED TO THE WINDSOR POINTE AFFORDABLE HOUSING PROJECT -Receive a progress report on City Council directed actions related to the Windsor Pointe Affordable Housing Project. (Staff contact: Mandy Mills, Community Services Department and Reid Shipley, Police Department) City Manager's Recommendation: Receive the re.port. Housing & Homeless Services Director Mandy Mills, Assistant Police Chief Reid Shipley and Police Chief Christie Calderwood reviewed the report and presented a PowerPoint presentation (on file in the Office of the City Clerk). City Attorney Cindie McMahon explained that members of the public have asked for the name of the law firm who has been assisting the city with the Windsor Pointe matter and that a vote of the City Council would be needed to release that information since it only existed in attorney client privilege correspondence. Motion by Council Member Burkholder, seconded by Mayor Blackburn, to release the name of the law firm, Shute, Mihaly & Weinberger LLP. Motion carried unanimously, 5/0. Police Chief Calderwood expressed her concern over her findings of her visit to Windsor Pointe the morning of Aug. 20, 2024, where she witnessed a woman scaling the wall of Windsor Pointe and going through several security doors at the property. City Council received the report. Mayor Blackburn called for a recess at 6:37 p.m. Mayor Blackburn reconvened the meeting at 6:49 p.m. County Supervisor Terra Lawson Remer's Senior Policy Advisor Christina Seider spoke Aug.20,2024 Carlsbad City Council Regular Meeting Page 5 regarding the Windsor Pointe project explaining that the County Supervisors office has no control over the project, but that Supervisor Remer has every intent to assist where possible. Raul Villamar expressed his concerns regarding Windsor Pointe. Julie Ajdour thanked Mandy for the successes that were mentioned and asked that those successes be protected. She also asked about the utilization of the social services that are onsite each week. Lara Benusis spoke regarding the number of calls to service at the facility. Denis Jensen spoke on behalf of a group consisting of Mary Jensen, Bob Jensen and Anika Jensen regarding the lack of security and other issues at Windsor Pointe and the lack of room for veterans. Michael Schertzer spoke regarding the regulatory and loan agreements between the city and the developer and requested the city enforce the agreements including the safety requirements. Lori Robins spoke regarding an increase of calls for service to Windsor Pointe and requested the management company be changed. Mayor Blackburn left the dais at 7:17 p.m. due to a potential conflict of interest. Motion by Council Member Burkholder, seconded by Mayor Pro Tern Bhat-Patel, requesting the City Manager to review the agreements to determine if there are grounds to remove ConAm and to have 24-hour security put in place, and to return with an amended management plan to a date certain of Oct. 22, 2024. Motion carried, 4/0/1 (Blackburn - Absent). Mayor Blackburn returned to the dais at 8:01 p.m. 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: None. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:04 p.m. \~Im 111.~J Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk