The City Council also sits as the Carlsbad Municipal Water District Board, Public Financing Authority Board, Community Development Commission and Successor Agency to the Redevelopment Agency. When considering items presented to the Carlsbad Municipal Water District Board, each member receives an additional $100 per meeting (max $300/month). When considering items presented to the Community Development Commission each member receives an additional $75 per meeting (max $150/month).
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.
How to Watch
In Person
On TV Online
City Council Chamber
1200 Carlsbad Village Drive
Watch the city’s cable channel
Spectrum 24 and AT&T U-verse 99
Watch the livestream at
carlsbadca.gov/watch
How to Participate
If you would like to provide comments to the City Council, please:
• Fill out a speaker request form, located in the foyer. • Submit the form to the City Clerk before the item begins. • When it’s your turn, the City Clerk will call your name and invite you to the podium. • Speakers have three minutes, unless the presiding officer (usually the Mayor) changes that time. • You may not give your time to another person, but can create a group. A group must select a single speaker as long as three other members of your group are present. All forms must be submitted to the City Clerk before the item begins and will only be accepted for items listed on the agenda (not for general public comment at the beginning of the meeting). Group representatives have 10 minutes unless that time is changed by the presiding officer or the City Council.
Reasonable Accommodations
Reasonable Accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as required by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Manager’s Office at 442- 339-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or [email protected] by noon on the Monday before the meeting to make arrangements. City staff will respond to requests by noon on Tuesday, the day of the meeting, and will seek to resolve requests before the start of the meeting in order to maximize accessibility.
More information about City Council meeting procedures can be found at the end of this agenda and in the Carlsbad Municipal Code chapter 1.20.
July 11, 2023, 5 p.m.
July 11, 2023 Page 2
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
PLEDGE OF ALLEGIANCE: Mayor Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held May 23, 2023
Minutes of the Special Meeting held June 1, 2023
Minutes of the Special Meeting held June 6, 2023
Minutes of the Regular Meeting held June 6, 2023
ACTION: Minutes were approved as presented – 5/0.
PRESENTATIONS:
Proclamation in recognition of Parks and Recreation Month Recognition of Donation from Carlsbad Friends of the Library Recognition of Donation from Carlsbad Friends of the Arts
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the agenda. Please treat others with courtesy, civility, and respect. Members of the public may participate in the meeting by submitting comments as provided on the front page of this agenda. The City Council will receive comments as requested up to a total of 15 minutes in the beginning of the meeting. All other non- agenda public comments will be heard at the end of the meeting. In conformance with the Brown Act, no action can occur on these items.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed below. There will be no separate discussion on these items prior to the time the Council votes on the motion unless members of the Council, the City Manager, or the public request specific items be discussed and/or removed from the Consent Calendar for separate action.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. ACCEPTING A $65,000 DONATION FROM THE FRIENDS OF THE CARLSBAD LIBRARY – Adoption of a resolution accepting a donation of $65,000 from the Friends of the Carlsbad Library to the City of Carlsbad Library & Cultural Arts Department. (Staff contact: Suzanne Smithson, Community Services Department)
ACTION: Adopted Resolution No. 2023-185 – 5/0.
2. ACCEPTING A $35,000 DONATION FROM THE CARLSBAD FRIENDS OF THE ARTS – Adoption of a resolution accepting a donation of $35,000 from the Carlsbad Friends of the Arts to the City of Carlsbad Library & Cultural Arts Department. (Staff contact: Suzanne Smithson and Richard Schultz, Community
July 11, 2023 Page 3
Services Department)
ACTION: Adopted Resolution No. 2023-186 – 5/0.
3. PURCHASE OF EXCESS WORKERS’ COMPENSATION COVERAGE THROUGH SAFETY NATIONAL CASUALTY CORPORATION FOR POLICY YEAR 2023-2024 – Adoption of a resolution authorizing purchase of excess workers’ compensation coverage through Safety National Casualty Corporation for policy year 2023-2024. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department)
ACTION: Adopted Resolution No. 2023-187 – 5/0.
4. ESTABLISH FISCAL YEAR 2023-24 SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1 Adoption of a resolution establishing the fiscal year 2023-24 special taxes for Community Facilities District No. 1. (Staff contact: Roxanne Muhlmeister, Administrative Services Department) ACTION: Adopted Resolution No. 2023-188 – 5/0.
5. AGREEMENT WITH VISIT CARLSBAD AS THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT’S OWNERS’ ASSOCIATION – Adoption of a resolution approving an operating agreement with Visit Carlsbad as the Owners’ Association of the Carlsbad Tourism Business Improvement District. (Staff contact: David Graham and Matt Sanford, Administrative Services Department) ACTION: Adopted Resolution No. 2023-189 – 5/0.
6. AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. TO UPDATE THE VILLAGE, BARRIO, AND BEACH AREA PARKING MANAGEMENT PLAN, AND VILLAGE & BARRIO MASTER PLAN – Adoption of a resolution approving a professional services agreement with Chen Ryan Associates, Inc. to provide services to update the Village, Barrio and Beach Area Parking Management Plan and the Village & Barrio Master Plan; update and develop a Right-of-Way Fee Program for curb cafés and sidewalk dining that are extensions of restaurant uses in the public right-of-way; and to prepare a parking survey for the Village, Barrio, and beach areas for a total amount not to exceed $148,964. (Staff contact: Eric Lardy, Community Services Department)
ACTION: Adopted Resolution No. 2023-190 – 5/0.
7. CITY COUNCIL CODE OF ETHICS AND PUBLIC SERVICE VALUES – Adoption of a resolution reaffirming the City Council Code of Ethics and Public Service Values originally approved on Nov. 16, 2021. (Staff contact: Sheila Cobian, City Manager Department)
ACTION: Adopted Resolution No. 2023-191 – 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
8. FISCAL YEAR 2023-24 FINAL ENGINEER’S REPORT AND ANNUAL LEVY OF ASSESSMENTS IN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1, A SPECIAL ASSESSMENT DISTRICT – Adoption of a resolution confirming the diagram or map of the assessment district and assessment amounts,
July 11, 2023 Page 4
ordering maintenance work to be performed and authorizing the levy of the annual assessment for fiscal year 2023-24 for Street Lighting and Landscaping District No. 1, a special assessment district. (Staff contact: Katie Schroeder, Administrative Services Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution.
ACTION: Adopted Resolution No. 2023-192 – 5/0.
9. FISCAL YEAR 2023-24 FINAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, A SPECIAL ASSESSMENT DISTRICT – Adoption of a resolution confirming the diagram and assessment, ordering maintenance work to be performed, and authorize the levy of the annual assessment for fiscal year 2023-24 for Street Lighting and Landscaping District No. 2, a special assessment district. (Staff contact: Katie Schroeder, Administrative Services Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution.
ACTION: Adopted Resolution No. 2023-193 – 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. UPDATE FROM SAN DIEGO COUNTY DISTRICT 3 SUPERVISOR TERRA LAWSON-REMER – Receive an update from San Diego County District 3 Supervisor Terra Lawson-Remer and provide feedback. (Staff contact: Jason Haber, City Manager Department)
City Manager’s Recommendation: Receive the update and provide feedback.
ACTION: Council received the update.
11. PALOMAR AIRPORT ADVISORY COMMITTEE MEMBER NOMINATION – Adoption of a resolution identifying one Carlsbad resident as the city’s primary candidate and one resident as an alternate candidate for nomination and appointment to the San Diego County Palomar Airport Advisory Committee. (Staff contact: Jason Haber, City Manager Department and Tammy McMinn, City Clerk Department)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2023-194 – 5/0.
12. UPDATE ON THE CITY’S RESPONSE TO THE LOCAL TRAFFIC SAFETY EMERGENCY AND OPTION TO EXTEND THE EMERGENCY PROCLAMATION FOR AN ADDITIONAL 60 DAYS – 1) Receive a report on actions taken to date relating to a local traffic safety emergency proclaimed Aug. 23, 2022, and; 2) Adoption of a resolution extending the Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency in the City of Carlsbad until September 8, 2023, at 5 p.m., unless otherwise extended or terminated by the City Council. (Staff contact: Geoff Patnoe, City Manager Department)
July 11, 2023 Page 5
City Manager’s Recommendation: Receive the report and adopt the resolution.
ACTION: Council received the report; and
Adopted Resolution No. 2023-195 – 5/0.
13. FOLLOW-UP ON ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD – Receive an update, review options and provide direction to staff on how to proceed with electrification options for new buildings in the next draft Climate Action Plan Update in 2023. (Staff contact: Katie Hentrich, Public Works Department)
City Manager’s Recommendation: Receive the update and provide direction to staff.
ACTION: Council received the update; and
Motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel for staff to return to the City Council on Sept. 12, 2023, with an update on electric reach codes – 3/2 (Blackburn, Burkholder – No).
14. ACCEPTING A STATE GRANT TO PROVIDE SERVICES TO ASSIST INDIVIDUALS AND HOUSEHOLDS EXPERIENCING HOMELESSNESS IN THE CITY OF CARLSBAD – 1) Adoption of a resolution authorizing the City Manager to execute a grant agreement and related program documents with the California Interagency Council on Homelessness and authorizing the Deputy City Manager, Administrative Services, to appropriate an additional $2,358,408.94 to the State Grant Special Revenue Fund’s fiscal year 2023-24 operating budget; and
2) Adoption of a resolution authorizing the City Manager to execute professional services agreements with Interfaith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego to provide services identified in the approved Encampment Resolution Grant to assist individuals and households experiencing homelessness in the City of Carlsbad, and authorizing a professional services procurement exemption. (Staff contact:
Mandy Mills and Chris Shilling, Community Services Department)
City Manager’s Recommendation: Adopt the resolutions.
ACTION: Adopted Resolution No. 2023-196; and
Adopted Resolution No. 2023-197 – 5/0.
15. REQUEST TO FLY COMMEMORATIVE FLAGS – Consider a request from Council Member Burkholder to discuss constituent requests to fly commemorative flags. (Staff contact: Sheila Cobian, City Manager Department)
City Manager’s Recommendation: Consider the request and provide direction to staff as necessary.
ACTION: Council considered the request and took no action.
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: This portion of the agenda is for the City Council Members to make brief announcements, brief reports of their activities and requests for future agenda items.
July 11, 2023 Page 6
City Council Regional Assignments (Revised 3/21/23)
Keith Blackburn
Mayor
Buena Vista Lagoon JPC
Chamber of Commerce Liaison (alternate)
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
Economic Development Subcommittee
SANDAG Board of Directors (2nd alternate)
SANDAG Shoreline Preservation Work Group (alternate)
Priya Bhat-Patel
Mayor Pro Tem – District 3
City/School Committee
Clean Energy Alliance JPA
Economic Development Subcommittee
League of California Cities – SD Division (alternate)
North County Transit District
SANDAG Board of Directors (1st alternate)
Melanie Burkholder
Council Member – District 1
City Council Legislative Subcommittee
North County Dispatch Joint Powers Authority (alternate) SANDAG Board of Directors
Teresa Acosta
Council Member – District 4
Chamber of Commerce Liaison
City Council Legislative Subcommittee
City/School Committee
Clean Energy Alliance JPA (alternate)
Encina Joint Powers JAC (alternate)
Encina Wastewater Authority Board of Directors (alternate) League of California Cities – SD Division
North County Dispatch Joint Powers Authority
San Diego County Water Authority
Carolyn Luna
Council Member – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
North County Transit District (alternate)
SANDAG Shoreline Preservation Work Group
PUBLIC COMMENT: Continuation of the Public Comments
This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section. In conformance with the Brown Act, no Council action can occur on these items.
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.
CITY MANAGER COMMENTS:
CITY ATTORNEY COMMENTS:
ADJOURNMENT: 8:19 p.m.
July 11, 2023 Page 7
City Council Meeting Procedures (continued from page 1)
Written Materials
Written materials related to the agenda that are submitted to the City Council after the agenda packet has been published will be available for review prior to the meeting during normal business hours at the City Clerk’s office, 1200 Carlsbad Village Drive and on the city website. To review these materials during the meeting, please see the City Clerk.
Visual Materials
Visual materials, such as pictures, charts, maps or slides, are allowed for comments on agenda items, not general public comment. Please contact the City Manager’s Office at 442-339-2820 or [email protected] to make arrangements in advance. All materials must be received by the City Manager’s Office no later than noon the day before the meeting. The time spent presenting visual materials is included in the maximum time limit provided to speakers. All materials exhibited to the City Council during the meeting are part of the public record. Please note that video presentations are not allowed.
Decorum
All participants are expected to conduct themselves with mutual respect. Loud, boisterous and unruly behavior can interfere with the ability of the City Council to conduct the people’s business. That’s why it is illegal to disrupt a City Council meeting.
Following a warning from the presiding officer, those engaging in disruptive behavior are subject to law enforcement action.
City Council Agenda
The City Council follows a regular order of business that is specified in the Carlsbad Municipal Code. The City Council may only make decisions about topics listed on the agenda.
Presentations
The City Council often recognizes individuals and groups for achievements and contributions to the community. Well-wishers often fill the chamber during presentations to show their support and perhaps get a photo. If you don’t see an open seat when you arrive, there will likely be one once the presentations are over.
Consent Items
Consent items are considered routine and may be enacted together by one motion and vote. Any City Council member may remove or “pull” an item from the “consent calendar” for a separate vote. Members of the public may pull an item from the consent calendar by requesting to speak about that item. A speaker request form must be submitted to the clerk prior to the start of the consent portion of the agenda.
Public Comment
Members of the public may speak on any city related item that does not appear on the agenda. State law prohibits the City Council from taking action on items not listed on the agenda. Comments requiring follow up will be referred to staff and, if appropriate, considered at a future City Council meeting. Members of the public are also welcome to provide comments on agenda items during the portions of the meeting when those items are being discussed. In both cases, a request to speak form must be submitted to the clerk in advance of that portion of the meeting beginning.
Public Hearing
Certain actions by the City Council require a “public hearing,” which is a time within the regular meeting that has been set aside and noticed according to different rules.
Departmental Reports
This part of the agenda is for items that are not considered routine and do not require a public hearing. These items are usually presented to the City Council by city staff and can be informational in nature or require action. The staff report about each item indicates the purpose of the item and whether or not action is requested.
Other Reports
At the end of each meeting, City Council members and the City Manager, City Attorney and City Clerk are given an opportunity to share information. This usually includes reports about recent meetings, regional issues, and recent or upcoming meetings and events.
City Council Actions
Resolution
A resolution is an official statement of City Council policy that directs administrative or legal action or embodies a public City Council statement. A resolution may be introduced and adopted at the same meeting. Once adopted, it remains City Council policy until changed by subsequent City Council resolution.
Ordinance
Ordinances are city laws contained in the Carlsbad Municipal Code. Enacting a new city law or changing an existing one is a two-step process. First, the ordinance is “introduced” by city staff to the City Council. If the City Council votes in favor of the
July 11, 2023 Page 8
introduction, the ordinance will be placed on a subsequent City Council meeting agenda for “adoption.” If the City Council votes to adopt the ordinance, it will usually go into effect 30 days later.
Motion
A motion is used to propose City Council direction related to an item on the agenda. Any City Council member may make a motion. A motion must receive a “second” from another City Council member to be eligible for a City Council vote.