HomeMy WebLinkAbout2022-10-11; City Council; Minutes Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Norby.
Absent: Hall.
ANNOUNCEMENT OF CONCURRENT MEETINGS:
PLEDGE OF ALLEGIANCE: Council Member Norby led the Pledge of Allegiance.
INVOCATION: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in Recognition of National Disability Employment Awareness Month
Council Member Acosta read the proclamation. Management Analyst Esther Lan said a few
words.
Proclamation in Recognition of Indigenous Peoples’ Day
Council Member Bhat-Patel read the proclamation. Senior Program Manager Nancy Magpusao
Burke accepted the proclamation on behalf of Steven Evans and said a few words.
Proclamation in Recognition of National Arts & Humanities Month
Mayor Pro Tem Blackburn read the proclamation. Library & Cultural Arts Director Suzanne
Smithson said a few words.
PUBLIC COMMENT:
Mary Lucid expressed concerns regarding management of the Senior Center.
Lynda Daniels spoke regarding carbon emissions and encouraged Council to sign a contract with
a technology company that specializes in retrofitting preexisting buildings with greener energy
technology.
Laurie Robin spoke regarding public safety related to pedestrian railroad track crossings.
Lisa Marie spoke regarding missing children in the United States.
Frank Martinez spoke regarding missing children and resources allocated to finding them.
Oct. 11, 2022, 5 p.m.
CITY COUNCIL
Minutes
Oct. 11, 2022 Carlsbad City Council Regular Meeting Page 2
CONSENT CALENDAR:
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta to approve Consent
Calendar Item Nos. 1 through 3. Motion carried, 4/0/1 (Hall - Absent).
1. RESCIND CITY COUNCIL POLICY NO. 35 - SEWER MASTER PLAN AND POLICY NO. 49 - RECYCLED
PRODUCTS – Adoption of Resolution No. 2022-240 rescinding City Council Policy Nos. 35 and
49. (Staff contact: Paz Gomez, Public Works)
2. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD
UNIFIED SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2022-
23 SCHOOL YEAR - Adoption of Resolution No. 2022-241 approving a Memorandum of
Understanding between the City of Carlsbad and Carlsbad Unified School District for the
School Resource Officer Program for the 2022-23 School Year. (Staff contact: Cindy Anderson,
Police Department)
3. AGREEMENT ALLOWING THE COUNTY OF SAN DIEGO TO TEMPORARILY PLACE MAIL BALLOT
DROP BOXES AT CITY LIBRARIES – Adoption of Resolution No. 2022-242 delegating authority
to the City Manager to execute agreements with the County of San Diego to use library
facilities for the temporary installation of mail ballot drop boxes. (Staff contact: Suzanne
Smithson, Library & Cultural Arts and Allegra Frost, City Attorney’s Department)
ORDINANCES FOR INTRODUCTION:
4. COMPENSATION FOR THE CITY CLERK AND CITY TREASURER – Introduction of Ordinance No.
CS-435 amending Carlsbad Municipal Code Chapter 2.04, Section 2.04.020 – Compensation –
City Clerk and City Treasurer. (Staff contact: Cindie McMahon, City Attorney’s Department
and Sheila Cobian, City Manager’s Department)
City Manager’s Recommendation: Introduce the ordinance.
City Attorney Cindie McMahon provided a brief overview of the item.
City Attorney McMahon titled the ordinance.
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance No. CS-435. Motion carried, 4/0/1 (Hall - Absent).
ORDINANCES FOR ADOPTION:
5. ORDINANCE NO. CS-433 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.14 –
DISQUALIFICATION FOR CONFLICT OF INTEREST – Adoption of Ordinance No. CS-433
amending Carlsbad Municipal Code Chapter 1.14 – Disqualification for Conflict of Interest.
(Staff contact: Faviola Medina, City Clerk’s Department)
Oct. 11, 2022 Carlsbad City Council Regular Meeting Page 3
City Manager’s Recommendation: Adopt Ordinance No. CS-433.
City Attorney McMahon titled the ordinance.
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-433. Motion carried, 4/0/1 (Hall - Absent).
6. ORDINANCE NO. CS-434 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.08 – PENALTIES
AND CHAPTER 1.10 – ADMINISTRATIVE CODE ENFORCEMENT REMEDIES – Adoption of
Ordinance No. CS-434 amending Carlsbad Municipal Code Title 1, Chapter 1.08 – Penalties
and Chapter 1.10 – Administrative Code Enforcement Remedies. (Staff contact: Faviola
Medina, City Clerk’s Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-434.
City Attorney McMahon titled the ordinance.
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to adopt
Ordinance No. CS-434. Motion carried, 4/0/1 (Hall - Absent).
PUBLIC HEARINGS:
7. TAX AND EQUITY FISCAL RESPONSIBILITY ACT PUBLIC HEARING FOR THE ISSUANCE OF TAX-
EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF
USA PROPERTIES FUND, INC. AND REQUEST ADDITIONAL FUNDING FOR THE MARJA ACRES
SENIOR APARTMENTS
1) Adoption of Resolution No. 2022-243 approving the issuance of the California Municipal
Finance Authority Multifamily Housing Revenue Bonds for the benefit of Carlsbad 685, L.P.,
or a subsidiary or affiliate created by USA Properties Fund, Inc., in an aggregate principal
amount not to exceed $15,000,000 for the purpose of financing and refinancing the
acquisition, construction, rehabilitation, improvement and equipping of Marja Acres
Apartments, a 47-unit multifamily rental senior housing project located in Carlsbad, CA; and
2) Adoption of Resolution No. 2022-244 approving an increase of $65,000 in the loan amount
from the Housing Trust Fund to USA Properties Fund for the Marja Acres Senior Apartments
Affordable Housing Project (DEV 16-038). (Staff contact: Mandy Mills, Housing & Homeless
Services)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt
the resolutions.
Housing & Homeless Services Director Mandy Mills reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
Mayor Pro Tem Blackburn opened the duly noticed public hearing at 5:37 p.m.
Oct. 11, 2022 Carlsbad City Council Regular Meeting Page 4
Hearing no one wishing to speak, Mayor Pro Tem Blackburn closed the duly noticed public
hearing at 5:37 p.m.
Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to adopt the
resolutions. Motion carried, 4/0/1 (Hall - Absent).
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. UPDATE ON STATUS OF NEGOTIATIONS TO RELOCATE SAN DIEGO GAS & ELECTRIC’S 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 and Cindie McMahon, City Attorney’s Department)
City Manager’s Recommendation: Receive the update and provide direction.
Council Member Norby left the dais at 5:38 p.m. due to a potential conflict of interest.
Deputy City Manager Community Services Gary Barberio 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 Acosta, Deputy City Manager Community
Services Barberio explained that there were over twelve sites for a potential relocation site
that have been struck down by SDG&E. He further explained that the parameters are city limit
to city limit, north and south, with an eastern boundary of El Camino Real to ensure SDG&E
maintains their response time for the service area that the center covers.
In response to an inquiry from Council Member Acosta, Deputy City Manager Community
Services Barberio explained that the benefit to the city would be the closure and demolition
of the Encina Power Station, the relocation of the SDG&E station and potential location of
Fire Station 7 in the existing SDG&E lot.
In response to an inquiry from Council Member Bhat-Patel, Deputy City Manager Community
Services Barberio explained that the recommendation is to give staff more time for
negotiations and to direct to no longer pursue Lot 11. He added that the 2014 agreement
does not have a timeline for termination but does give the City or SDG&E the option to
terminate the agreement.
In response to an inquiry from Mayor Pro Tem Blackburn, Deputy City Manager Community
Services Barberio explained that whatever new agreement that goes to Council will be
different than the 2014 agreement and all three parties will have to agree to the new terms.
In response to an inquiry from Mayor Pro Tem Blackburn, Deputy City Manager Community
Services Barberio explained that the $22.5 million was to fund the construction of a new
facility in 2014, but to relocate SDG&E back against the tracks in 2022 would cost much more
than $22.5 million. He further explained that Lot 11 has environmental constraints, increased
Oct. 11, 2022 Carlsbad City Council Regular Meeting Page 5
construction costs and the entitlement and approval time would be significantly longer than
relocating on site. He added that staff is requesting direction to not pursue Lot 11 and as a
result that would also allow Council Member Norby to participate.
Joe Gabaldin Public Affairs Manager with SDG&E said a few words.
Eric Leuze Vice President of Asset Management with NRG said a few words.
Council Member Norby returned to the dais at 6:15 p.m.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel directing staff
to continue negotiations and return to the City Council for a discussion regarding Lot 11 when
the full City Council is present – 3/0/2 (Hall, Norby – Absent).
9. REPORT ON POSSIBLE PROGRAMS TO HELP ENTRY-LEVEL HOMEBUYERS PURCHASE A HOME
IN CARLSBAD – Receive the staff report and provide direction regarding possible programs
to help entry-level homebuyers purchase a home in Carlsbad. (Staff contact: Jeff Murphy,
Community Development and Mandy Mills, Housing & Homeless Services)
City Manager’s Recommendation: Receive the report and provide direction.
Community Development Director Jeff Murphy and Housing & Homeless Services Director
Mandy Mills 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 Acosta, Housing & Homeless Services Director
Mills said that the majority of funding for affordable housing comes from the federal or state
government and are for low income and below. She added that there are some government
programs that may have a moderate-income allowance and may be for rentals instead of a
for sale product.
Motion by Council Member Norby, seconded by Council Member Bhat-Patel to approve
staff’s recommendations to increase inclusionary requirements for Housing Element Sites
and add specialized affordability requirements for City-Owned sites, as well as directing the
City Council Legislative Subcommittee to monitor state and federal housing legislation – 4/0/1
(Hall – Absent).
Council received the report.
10. CARLSBAD STRATEGIC PLAN 2023-2027 – Adoption of Resolution No. 2022-245 adopting the
Carlsbad Strategic Plan 2023-2027. (Staff contact: Jason Haber, City Manager’s Department)
City Manager’s Recommendation: Adopt the resolution.
Intergovernmental Affairs Director Jason Haber presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Oct. 11, 2022 Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Council Member Norby, Public Works Manager John Mashoff
explained that the fleet can be replaced with zero emission vehicles, but operationally some
departments aren’t set up to run electric vehicles.
In response to an inquiry from Council Member Acosta, Parks & Recreation Director Kyle
Lancaster explained that Council direction was to complete the environmental review and
design of the off-leash dog area in Village H Park in Calavera Hills which is expected to be
completed by the 2027 threshold.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel to deprioritize
the Village H project and directing staff to transition all passenger fleet vehicles purchased
after fiscal year 2022-2023 to be 100% electric vehicles, with the exception of public safety
vehicles, which will be electric where feasible – 4/0/1 (Hall – Absent).
Mayor Pro Tem declared a recess at 7:12 p.m.
Mayor Pro Tem reconvened the meeting at 7:17 p.m.
11. UPDATE ON THE CITY OF ENCINITAS’ E-BIKE SHARE PROGRAM – Receive an informational
report on the development and performance of the Encinitas E-Bike Share Program. (Staff
contact: Nathan Schmidt, Public Works)
City Manager’s Recommendation: Receive the report.
Transportation Planning & Mobility Manager Nathan Schmidt 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 Norby, Transportation Planning & Mobility
Manager Schmidt explained that there hasn’t been negative feedback from merchants
related to the bike share system docking areas.
In response to an inquiry from Council Member Norby, BCycle Program Manager Tim Pirkey
explained that there is a station that is within approximately 150 feet of the coaster stop in
Encinitas and is the third most used station.
In response to an inquiry from Council Member Bhat-Patel, Transportation Planning &
Mobility Manager Schmidt explained that when signing up for an account through the
application, there is a liability agreement that is signed.
In response to an inquiry from Council Member Bhat-Patel, BCycle Program Manager Pirkey
explained that they are actively engaged with the community to provide bike safety classes
and free bikes. He further explained that there is a governor on the E-Bike which regulates
speed and riders have to be at least 18 years old to ride the E-Bike.
Council received the report.
Oct. 11, 2022 Carlsbad City Council Regular Meeting Page 7
12. SAN DIEGO REGIONAL DECARBONIZATION FRAMEWORK – Receive a presentation on the San
Diego Regional Decarbonization Framework from the County of San Diego staff. (Staff
contact: Katie Hentrich and Jamie Wood, Public Works)
City Manager’s Recommendation: Receive the presentation.
Senior Program Manager Katie Hentrich introduced San Diego County Program Manager for
Regional Sustainability Murtaza Baxamusa who reviewed a PowerPoint presentation (on file
in the Office of the City Clerk).
In response to an inquiry from Council Member Norby, San Diego County Program Manager
for Regional Sustainability Baxamusa explained that he is working with the Urban Planning
Department at UCSD to see what action can be taken to grow food in Carlsbad for food
sustainability and for environmental issues.
Council received the presentation.
COUNCIL REPORTS AND COMMENTS: Mayor Pro Tem 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, Oct. 13, 2022
5 p.m.
Rail Safety and Community Enhancement Committee
810 Mission Ave.
Oceanside, CA
Thursday, Oct. 13, 2022
10:30 a.m. – 12 p.m.
Pacific Wind Apartments
Groundbreaking Event
3736 Harding St.
Carlsbad, CA
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Pro Tem Blackburn adjourned the duly noticed meeting at 7:45 p.m.
Oct. 11, 2022 Carlsbad City Council Regular Meeting Page 8
Ana Marie Alarcon, CMC
Deputy City Clerk