Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Sept. 12, 2023, 5 p.m.
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
INVOCATION: None.
PLEDGE OF ALLEGIANCE : Senior Deputy City Clerk Tammy McMinn led the Pledge of Allegiance.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in recognition of Hispanic Heritage Month
Council Member Acosta read the proclamation. Christina Lorenz o accepted the proclamation and said a few words.
Proclamation in recognition of National Preparedness Month Council Member Luna read the proclamation. Kim Young 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 for the Aug. 29 and Sept. 12, 2023 Closed Sessions.
PUBLIC COMMENT:
Mary Lucid spoke regarding limited library hours.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, second ed by Council Member Acosta, to approve Consent Calendar Item Nos. 1 through 3. Motion carried unanimously, 5/0.
1. R E P O R T O N C I T Y I N V E S T M E N T S A S O F J U L Y 3 1 , 2 0 2 3 – A c c e p t a n d f i l e R e p o r t o n C i t y Investments as of July 31, 2023. (Staff co ntact: Craig Lindholm and Laura Rocha, Administrative Services Department)
2. AGREEMENT WITH CARRIER JOHNSON FOR DESI GN OF THE FLEET MAINTENANCE BUILDING REFURBISHMENT PROJECT, CIP PROJECT NO. 4714 – Adoption of Resolution No. 2023-233 Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 2
approving a professional service agreement with Carrier Johnson for design of the Fleet Maintenance Building Refurbishment Project, Capital Improvement Program No. 4714, for an amount not to exceed $464,232. (Staff contact: Steven Stewart, Public Works Department)
3. APPOINTMENT OF ONE MEMBER TO TH E CARLSBAD GOLF LODGING BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOAR D AND THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD – 1) Adoption of Resolution No. 2023-234 appointing Chad Eding to the Carlsbad Golf Lodging Business Improvement District Advisory Board; and
2) Adoption of Resolution No. 2023-235 appoin ting Chad Eding to the Carlsbad Tourism Business Improvement District Advisory Board. (Staff contact: Tammy McMinn, City Clerk Department)
ORDINANCES FOR INTRODUCTION:
4. AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE RELATED TO CHAPTER 1.20 MEETINGS – Introduction of Ordinance No. CS-459 ame nding Carlsbad Municipal Code Chapter 1.20 – Meetings. (Staff contact: Faviola Medina, City Clerk Department and Sheila Cobian, City Manager Department)
City Manager’s Recommendation: Introduce the ordinance.
City Clerk Services Manager Fa viola Medina and Legislative & Constituent Services Director Sheila Cobian presented the repo rt and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Council Member Luna requested that an update be made to Carlsbad Municipal Code section 1.20.020 Regular, special and emergency city council meetings, to add language to include an option to begin regular city council meetings at 4 p.m.
In response to an inquiry from Council Me mber Acosta, City Manager Scott Chadwick explained that meetings last approximately 2 hours and 48 minutes.
In response to an inquiry from Council Member Acosta, City Clerk Services Manager Medina explained that City of Oceans ide City Council’s time limit for speaking is 10 minutes. Ms.
Medina went onto explain that City of San Diego has a time limit of 5 minutes.
In response to an inquiry from Council Memb er Burkholder, City Clerk Services Manager Medina explained that only the final comment would be limited to 2 minutes.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Clerk Services Manager Medina explained that the language of the or dinance can be modified to reflect what the City Council desires.
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 3
Minute Motion by Mayor Blackburn, seconded by Council Member Burkholder, to revise the proposed ordinance to add to Carlsbad Municipal Code section 1.20.100, “Council Members should have a full and equal opportunity to ask questions and express their opinions and fully deliberate on each item before action is taken. Once the Presiding Officer calls for final comments on the item, each Council Member shall have up to three minutes to deliver their concluding remarks related to the item prior to initiation of a City Council vote on the item.” Motion carried unanimously, 5/0.
Minute Motion by Council Member Luna, se conded by Council Member Burkholder, directing staff to return with an option for City Council discussion and consideration to begin the Regular City Council meetings at 4 p.m. for calendar year 2024 – 3/2 (Bhat-Patel, Acosta – No).
City Attorney Cindie McMahon titled the ordinance.
Motion by Council Member Bhat-Patel, seconde d by Council Member Acosta, to introduce Ordinance No. CS-459 and include language limiting the time of final City Council comments under Chapter 1.20.100(E) Role of the Presiding Officer. Motion carried unanimously, 5/0.
ORDINANCES FOR ADOPTION:
5. ADOPTION OF ORDINANCE NOS. CS-451, CS-4 52, CS-453, CS-454 AND CS-455 AMENDING THE CARLSBAD MUNICIPAL CODE RELATED TO BOARDS AND COMMISSIONS – 1) Adoption of Ordinance No. CS-451 amending Carlsbad Municipal Code Chapter 2.15 Boards and Commissions and Chapter 2.28 Traffic and Mobility Commission; and 2) Adoption of Ordinance No. CS-452 adding Chapter 2.34 Beach Pres ervation Commission to the Carlsbad Municipal Code; and
3) Adoption of Ordinance No. CS-453 amending Carlsbad Municipal Code Chapter 2.36 Parks and Recreation Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions; and
4) Adoption of Ordinance No. CS-454 amendi ng Carlsbad Municipal Code Chapter 2.38 Senior Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions; and
5) Adoption of Ordinance No. CS-455 amendi ng Carlsbad Municipal Code Chapter 2.40 Housing Commission to be consistent with Ch apter 1.20 Meetings and Chapter 2.15 Boards and Commissions. (Staff contact: Faviola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt Ordinance Nos. CS-451 through CS-455.
City Attorney Cindie McMahon titled the ordinances.
Motion by Mayor Pro Tem Bhat-Patel, second ed by Council Member Acosta, to adopt Ordinance No. CS-451, Ordinance No. CS-452, Ordinance No. CS-453, Ordinance No. CS-454 and Ordinance No. CS-455. Motion carried unanimously, 5/0.
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 4
6. ADOPTION OF ORDINANCE NO. CS-456 – AMEN DING CARLSBAD MUNICIPAL CODE SECTION
10.44.030 RELATING TO SPEED LIMITS ON CARL SBAD BOULEVARD – Adoption of Ordinance No. CS-456 amending Section 10.44.030 of the Ca rlsbad Municipal Code relating to speed limits on Carlsbad Boulevard. (Staff contact: Faviola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-456.
City Attorney Cindie McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, second ed by Council Member Acosta, to adopt Ordinance No. CS-456. Motion carried unanimously, 5/0.
7. ADOPTION OF ORDINANCE NO. CS-457 – CI TYWIDE OBJECTIVE DESIGN STANDARDS – Adoption of Ordinance No. CS-457 amending Ca rlsbad Municipal Code, Title 21 Zoning, to add Chapter 21.88 and amend Chapter 21.45, to establish citywide objective design standards for multifamily housing and mixed-use development projects pursuant to Housing Element Program 1.11 (Case Name: Citywide Ob jective Design Standa rds; Case No.: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004. (Staff contact: Fa viola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-457.
City Attorney Cindie McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, second ed by Council Member Acosta, to adopt Ordinance No. CS-457. Motion carried unanimously, 5/0.
8. ADOPTION OF ORDINANCE NO. CS-458 – VILLAGE & BARRIO OBJECTIVE DESIGN STANDARDS – Adoption of Ordinance No. CS-458 amending the Village and Barrio Master Plan, to implement Housing Element Program 1.11 to develop Village and Barrio objective design standards for multifamily housing and mixed-us e development projects (Case Name: Village and Barrio Objective Design Standards; Ca se No.: AMEND 2021-000 8, LCPA 2023-0016, DEV08014). (Staff contact: Faviola Medina, City Clerk Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-458.
City Attorney Cindie McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel, second ed by Council Member Acosta, to adopt Ordinance No. CS-458. Motion carried unanimously, 5/0.
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 5
PUBLIC HEARINGS:
9. HOPE APARTMENTS: A PROPOS ED FOUR-STORY, 156-UNIT AP ARTMENT BUILDING AT 950 AND 1006 CARLSBAD VILLAGE DR., 2944 HOPE AVE., 945-A, 945-B AND 955 GRAND AVE. (CT 2022-0001/SDP 2022-0006) – Adop t Resolution No. 2023-236 approving a Tentative Tract Map (CT 2022-0001) and Site Development Plan (SDP 2022-0006) to consolidate land, demolish an existing hotel and three residential structures and construct a four-story, 156- unit multi-family residential apartment buildin g with subterranean parking located at 950 and 1006 Carlsbad Village Dr., 2944 Hope Ave., 945-A, 945-B and 955 Grand Ave. and within Local Facilities Management Zone 1 (Case Name: Hope Ap artments; Case No.: CT 2022- 0001/SDP 2022-0006 (DEV2022-0030). (Staff co ntact: Shannon Harker, Community Development Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution.
Senior Planner Shannon Harker and Assistan t Director of Communi ty Development Mike Strong presented the report and reviewed a Po werPoint presentation (on file in the Office of the City Clerk).
Council Member Luna announced an ex parte disclosure stating that she had walked the site, was a patron at Carl’s Junior and walked the area.
Mayor Blackburn opened the duly noticed public hearing at 6:03 p.m.
Hearing no one wishing to speak, Mayor Blackbur n closed the duly noticed public hearing at 6:03 p.m.
Austin Wermer and Patrick Zabrocki with Werm ers Companies, representatives of the Hope Apartments presented a report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Mayor Pro Te m Bhat-Patel, Senior Pl anner Harker explained that the inclusionary housing ordinance require s 15% of the total base dwelling units to be low income, but the proposed units will be ve ry low-income units therefore only require
12.5% of the units to be low income.
In response to an inquiry from Council Memb er Acosta, Assistant Director of Community Development Strong explained that income categories relate to the median income so there are percentiles associated to each income ca tegory groups. He further explained that low i n c o m e i s 8 0 % o f t h e a r e a m e d i a n i n c o m e a n d t h e v e r y l o w i n c o m e i s 5 0 % o f t h e a r e a median income.
In response to an inquiry from Council Memb er Acosta, Assistant Director of Community Development Strong explained that the cost th reshold sizes are based on family unit sizes Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 6
therefore the income amount for a three-person household family size at the 50% income level is $62,000 and for a four-person household family size it is $68,000.
Motion by Council Member Burkholder, seconded by Mayor Blackburn, to adopt Resolution No. 2023-236 with an amendment to add the sidewa lk to connect to Carlsbad Village Drive.
Motion carried unanimously, 5/0.
Mayor Blackburn called for a recess at 6:28 p.m.
Mayor Blackburn readjourned the duly noticed meeting at 6:40 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. MAYORAL APPOINTMENT OF ONE MEMBER TO THE HISTORIC PRESERVATION COMMISSION – Adoption of Resolution No. 2023-237 appointi ng John May to the Historic Preservation Commission. (Staff contact: Tammy McMinn, City Clerk Department)
City Manager’s Recommendation: Adopt the resolution.
Motion by Mayor Blackburn to adopt Resolu tion No. 2023-237 appointing John May to the Historic Preservation Commission. Motion carried unanimously, 5/0.
11. ESTABLISHING A PUBLIC AGENCIES POST-EMP LOYMENT BENEFITS TRUST, APPOINTING
PUBLIC AGENCY RETIREMENT SYSTEM AS THE TRUST ADMINISTRATOR AND AMENDING AND ADOPTING CITY COUNCIL PO LICIES – 1) Adoption of Resolution No. 2023-238 approving the adoption of the Public Ag encies Post-Employment Benefits Trust administered by Public Agency Retirement Services; and
2) Adoption of Resolution No. 2023-239 appr oving the amendment of City Council Policy No. 86 for pension funding; and
3) Adoption of Resolution No. 2023-240 appr oving City Council Policy No. 98 for the City’s Pension Trust Investment Policy. (Staff contac t: Zach Korach, Administrative Services Department)
City Manager’s Recommendation: Adopt the resolutions.
Finance Director Zach Korach presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mary Lucid spoke in favor of the resolutions.
In response to an inquiry from Mayor Pr o Tem Bhat-Patel, Finance Director Korach explained that the city does not have the ex act data of funded status and comparing across jurisdictions within the county as of June 30, 2021, Carlsbad was shortly behind the City of Coronado who was above the 80% funded status mark.
Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 7
In response to an inquiry from Council Member Burkholder, Finance Director Korach explained that establishing a Section 115 trus t will not impact employees and is solely between the city funding the Section 115 trust.
In response to an inquiry from Mayor Blackb urn, Finance Director Korach explained that CalPERS will show a funded status that does not include or factor in contributions made to a Section 115 trust since CalPERS does not control those funds . Finance Director Korach further explained that pension obligation bond s are a strategy that agencies use to pay down unfunded liabilities which Carlsbad does not do.
City Attorney Cindie McMaho n proposed a change to Resolution No. 2023-238 of paragraph three. City Attorney McMahon explained that the resolution has that the City Council appointing the Deputy City Manager of Administrative Services as the Plan Administrator, but it should say City Manager is the city’s Plan Administrator.
Motion by Mayor Pro Tem Bhat-Patel, second ed by Council Member Acosta, to adopt Resolution No. 2023-238, Reso lution No. 2023-239 and Resolu tion No. 2023-240. Motion carried unanimously, 5/0.
12. FOLLOW-UP ON ELECTRIFICATION OF NEW BUILDI NGS IN CARLSBAD – Receive information on electric-preferred reach codes, review opti ons and provide direction to staff on how to proceed with the next draft Climate Action Plan Update in 2023. (Staff contact: Katie Hentrich, Public Works Department)
City Manager’s Recommendation : Receive information, review options and provide direction to staff.
Senior Program Manager Katie Hentrich, Assi stant Director of Community Development Mike Strong and Deputy City Attorney Gina He rrera presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Carl Aldinger spoke in support of the electric-preferred reach codes.
Paige DeCino spoke in support of option one.
Lynda Daniels spoke in favor of option one.
Kathleen Steindelberger spoke in favor of electrification of new buildings.
In response to an inquiry from Council Me mber Burkholder, Senior Program Manager Hentrich explained the different options, timelines and costs associated with each option.
In response to an inquiry from Council Me mber Burkholder, Assistant Director of Community Development Strong explained that the 2019 Reach Code was stated as a Sept. 12, 2023 Carlsbad City Council Regular Meeting Page 8
continuation of the reach code, with the 202 2 California Building Code technically being a reach code.
In response to an inquiry from Council Memb er Acosta, Assistant Director of Community Development Strong explained that the Climate Action Plan did not direct any subsequent implementing ordinances to go beyond what was already codified in the reach code.
I n r e s p o n s e t o a n i n q u i r y f r o m M a y o r B l a c kburn, Deputy City Attorney Herrera explained that Option 3 follows the 2025 Energy Code but allows for public input opportunities.
Assistant Director of Communi ty Development Strong furt her explained that the 2025 Energy Code would be very sim ilar to the 2022 edition with a continuation of the existing reach codes.
In response to an inquiry from Council Me mber Luna, Assistant Director of Community Development Strong explained that the adopted Climate Action Plan and forecasted future emissions took account measures to reduc e greenhouse gas emissions, assumed the implementation of the 2019 Reach Code which was re-adopted in 2022 for the full cycle of the build out of the general plan. He further ex plained that the Climate Action Plan as it exists today is valid.
Motion by Mayor Blackburn, seconded by Council Member Luna, to select Option 3, directing staff to take no further action on developing a reach code and participate and follow the 2025 Energy Code and Green Building Code cycle to plan for and identify GHG savings from future green building requirement s, resulting in no reach code update – 3/2 (Bhat-Patel, Acosta – No).
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 design ated for announcements to advise the community regarding events that Members of th e City Council have been invited to, and may participate in.
Thursday, Sept. 14, 2023
5 p.m. - 8 p.m.
Carlsbad Citizens Academy
City Council Chamber
1200 Carlsbad Village Dr.
Carlsbad, CA, 92008
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
Sept. 12,2023 Carlsbad City Council Regular Meeting Page 9 CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:27 p.m.
Ana Marie Alarcon, CMC
Deputy City Clerk