CITY COUNCIL
Minutes
April 16, 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: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance.
ANNOUNCEMEN~ OF CONCURRE~T MEETINGS: The City Council V{ill be serving as the Community Development Commission on Public Hearing Item No. -11, and a~ the Carlsbad Municipal Water District Board of Directors on Departmental and City Manager Report Item No.
15. APPROVAL OF MINUTES:
Minutes of the Special Meeting held March 26, 2024
Motion by Mayor Pro Tern Bhat-Patel, ·seconded by Council Member Acosta, to approve minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS:
Proclamation in recognition of the Carlsbad Green Business Program Council Member Luna presented the proclamation to Green Business Program Coordinator Sandrine Cassidy.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable actio n.
PUBLIC COMMENT:
Jane Valentine spoke regarding the proposed New Song 5G cellular tower.
Ruby Belt spoke regarding displaying the pride flag .
Mahak Ruthi spoke regarding concerns of cut-through traffic in residential areas.
Angelika Arganda spoke regarding the proposed New Song 5G cellular tower.
Joe Kametz spoke regarding the proposed New Song 5G cellular tower.
Lara Benusis spoke regarding Windsor Pointe.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1 through 8. Motion carried unanimou sly, 5/0.
April 16, 2024 Carlsbad City Council Regular Meeting Page 2
1. REPORT ON CITY INVESTMENTS AS OF FEB. 29, 2024 - Accept and file Report on City Investments as of Feb. 29, 2024. {Staff contact: Craig Lindholm and Zach Korach, Administrative Services Department)
2. CITY OF CARLSBAD FISCAL YEAR 2022-23 ANNUAL FINANCIAL AUDIT RESULTS - Receive and file a report on the city's fiscal year 2022-23 annual financial audit results. (Staff contact :
Roxanne Muhlmeister, Administrative Services Department)
3. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD FR~ENDS OF THE ARTS -Adoption _ of Resolution No. 2024-072 approving a memorandum of under standing between the City of Carlsbad . and the Carlsbad Friends of the Arts and authorizing the City Manager or design~e to execute the memorandum of understanding. (Staff contac~: Fiona Everett, Community Services Department)
4. AGREEMENT WITH . MASTER CONCEPTS TO PROVIDE YOUTH BASKETBALL LEAGUE ADMINISTRATION SERVICES -Adoption of Resolution No. 2024-073 authorizing execution of an agreement with Master Concepts LLC, dba Master Sports, for youth basketball league admini stration services in an amount not to exceed $360,000 per year for the initial two-year term of the agreement , and authorizing the City Manager, or designee, to appropriate $55,000 from the General Fund to the Parks & Recreation Department 's Fiscal Year 2023-24 Operating Budget . {Staff contact : Kevin Goh res, Community Services Department)
5. APPROVAL OF VALLEY/MAGNOLIA UTILITY UNDERGROUNDING AGREEMENT WITH SDG&E (CIP PROJECT NO. 6019)-Adoption of Resolution No. 2024-074 authorizing the City Manager to execute an agreement with San Diego Gas & Electric to perform Rule 20A aerial-to underground conversion of overhead utilities on Valley Street and Magnolia Avenue for an estimated amount of $5,399 ,104 and authorizing additional appropriation s in the amount of $251,000 for the Valley and Magnolia Complete Street s Project , Capital Improvement Program Project No. 6019. (Staff contact: Eric Zielke and Hossein Ajideh, Public Work s Department)
6. ADVERTISE FOR BIDS FOR THE EL CAMINO REAL WIDENING FROM SUNNY CREEK ROAD TO
JACKSPAR DRIVE PROJECT AND ACCEPTANCE OF GRANT DEEDS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE PROJECT (CIP PROJECT NO. 6094) - Adoption of Resolution No. 2024-075 approving the plans, specification s and contract document s and authorizing the City Clerk to adverti se for bids for the El Camino Real Widening from Sunny Creek Road to Jackspar Drive Project and accepting the grant deeds and the temporary construction easements with the owners of Assessor Parcel Nos. 209-060-48, 209-060-58 and 209-090-11 for the project . (Staff contact: Brandon Mile s and Hossein Ajideh , Public Works Department)
7. CONTINUATION OF PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY FOR
REMOVAL OF SEDIMENT AND VEGETATION ON THE BUENA VISTA CREEK CONCRETE CHANNEL NEAR EL CAMINO REAL - Adoption of Resolution No. 2024-076 continuing the proclamation of a storm -related local emergency for removal of sediment and vegetation in April 16, 2024 Carlsbad City Council Regular Meeting Page 3 the Buena Vista Creek Concrete Channel near El Camino Real. (Staff contact: Tom Frank, Public Works Department)
8. CONTINUATION OF PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF THE SLOPE BETWEEN EL CAMINO REAL AND TRIESTE DRIVE -Adoption of Resolution No. 2024-077 continuing the proclamation of a storm -related local emergency for repair of the slope between El Camino Real and Trieste Drive. (Staff contact: Tom Frank, Public Work s Department)
BOARD AND COMMISSION MEMBER APPOINTMENTS : None.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION :
9. ORDINANCE NO. CS-469 -ANNUAL REPORT FOR AB 481 - Adoption of Ordinance No. CS-469 renewing the Police Department's Military Equipment Use Policy, in accordance with California Assembly Bill 481. (Staff contact : Faviola Medina , City Clerk Department) City Manager's Recommendation: Adopt Ordinance No. CS-469.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-469. Motion carried unanimously , 5/0.
10. ORDINANCE NO. CS-470 - CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLE 21-Adoption of Ordinance No. CS-470 acknowledging receipt of and approving the California Coastal Commission's suggested modification s to the Local Coastal Program for ZCA 2022-0001/LCPA 2022-13 and ZCA 2022-0002/LCPA 2022-14. (Staff contact: Faviola Medina, City Clerk Department)
City Manager's Recommendation: Adopt Ordinance No. CS-470.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-470. Motion carried unanimou sly, 5/0.
PUBLIC HEARING:
11. CARLSBAD HOUSING AGENCY 2024-25 PUBLIC HOUSING AGENCY ANNUAL PLAN - 1) Hold a public hearing; and
2) Adoption of Community Development Commission Resolution No. 565 approving the City of Carlsbad's 2024-25 Public Housing Agency Annual Plan for Submission to the U.S.
Department of Housing and Urban Development. (Staff contact: Christian Gutierrez , Community Services Department)
April 16, 2024 Carlsbad City Council Regular Meeting Page 4 City Manager's Recommendation : Take public input, close the public hearing, and adopt the resolution .
Housing Services Manager Christian Gutierrez presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 5:32 p.m.
Hearing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 5:32 p.m.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Community Development Commission Resolution No. 565. Motion carried unanimously, 5/0 .
Mayor Blackburn called for a recess at 6:35 p.m.
Mayor Blackburn reconvened the meeting at 6:45 p.m.
12. 2024 HAZARD REDUCTION PROGRAM - ABATEMENT- nHold a public hearing; and 2) Adoption of Resolution No. 2024-078 authorizing abatement of weeds, rubbi sh and refuse upon private property under the terms of the City of Carlsbad's Hazard Reduction Program and scheduling a public hearing on July 30, 2024, to consider the final Hazard Reduction Cost Report . (Staff contact: Randy Metz, Fire Department)
City Manager's Recommendation: Take public input, close the public hearing, and adopt the resolution.
Housing Services Manager Christian Gutierrez presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 5:34 p.m.
Hearing no one wishing to speak, Mayor Blackburn closed the duly noticed publi c hearing at 5:34 p.m.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-078. Motion carried unanimously , 5/0.
13. APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A MINOR CONDITIONAL USE
PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A NEW WIRELESS COMMUNICATION
FACILITY WITHIN POINSETTIA COMMUNITY PARK AND A RESOLUTION TO CONSIDER
DIRECTING THE CITY MANAGER TO INITIATE NEGOTIATIONS FOR A LICENSE AGREEMENT WITH AT&T (CUP 2022-0023/CDP 2022-0070/DEV2022-0206) -1) Hold a public hearing; and April 16, 2024 Carlsbad City Council Regular Meeting Page 5 2) Adoption of Resolution No. 2024-079 denying an appeal and upholding a decision of the Planning Commission to approve a Minor Conditional Use Permit and Coastal Development Permit to allow the installation , operation and maintenance of a wireless communication facility consisting of six panel antennas mounted within a 48-inch radome cylinder on a new 78-foot-tall light pole, which will replace an existing light pole, and associated ground equipment within an eight-foot tall enclosure in and adjacent to the northwe st corner of the southern parking lot of Poinsettia Community Park generally located at 6600 Hidden Valley Road (assessor parcel number 214-140-13-00). The property is within the Mello II Segment of the Certified Local Coastal Program and Local Facilities Management Zone 20 (Case.Name:
Poinsettia Community Park Wireless Facility; Case No.: CUP 2022-0023/CDP 2022-0070 . (DEV2022-0206)); and
3) Consider adopting a resolution directing the City Manager to initiate negoti_ations for a license agreement with AT&T for a wireless communication facility at Poinsettia Community · Park. (Staff contact : Kyle Van Leeuwen and Curtis Jackson, Community Services ~e~artment) City Manager's Recommendation: Take public input, close the public hearing, and adopt the resolution(s).
Principal Planner Cliff Jones, Associate Planner Kyle Van Leeuwen .and Real Estate Manager Curtis Jackson presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to Council Member Bhat-Patel, City Attorney McMahon explained that the City Council cannot base their decision on radio frequency, health or environmental effects and in a decision that would prevent AT&T from building out its network or discriminate against similar providers. She further explained that guidelines are in Council Policy 64 and it is up to the City Council to determine whether those guidelines have been met .
The Appellant Nora George spoke against staff's recommendation .
In response to Mayor Blackburn, City Attorney McMahon explained that the Council Member s could not answer emails on this item, but emails are put into the record . City Attorney McMahon further explained that if Council was to respond to the emails, tho se responses would also be required to be entered into the record, that would be disclosing to one another what they may be thinking on this item which would essentially be a meeting for Brown Act purposes and the city is not allowed to have a Brown Act meeting without it being public.
The Applicant, AT&T External Affair s Team Member John Heffern en introduc ed Tara Carmichael with MD7.
Mayor Blackburn called for a recess at 6:35 p.m.
Mayor Blackburn reconvened the meeting at 6:45 p.m.
April 16, 2024 Carlsbad City Council Regular M eetin g Page 6 Mayor Blackburn opened the duly notic ed public hearing at 6:45 p.m.
The following members of the public spoke in opposition to the installation of a wirele ss communication facility:
Silvia Chang, Karen Sparks, Lynda Schubert, Kevin Fritz, Valerie Rubin, Anne Hampton, Gretchen Ashton, Rachelle Allen, Valerie Fisher, Robert Hampton, Frank Sung, Marib el Carstews and Susan Rezin.
Mayor Blackburn closed the duly noticed public hearing at 7:24 p.m.
Mayor Blackburn opened the duly noticed public hearing at 7:27 p.m.
Appellant Nora George responded that site evidence was faulty and the Planning Commission made their decision based on erroneous information .
In response to the Appellant , Tara Carmichael with MD7 representing the Applicant explained that AT&T is unable to get ·automati c approvals for extended array s or additional antennas and that those go through the jurisdiction for permitting and approval .
Land Use Planner with MDrHarold Thomas, representing the Applicant , explained that the at the Planning Commission meeting of December 6th, the Planning Commission had asked that MD7 work with the appellant to search for alternativ e sites and the alternative site analysis that was presented at this meeting were all suggestions by the appellant.
Associate Planner Kyle Van Leeuwen explained that between the December 6 and January 17 Planning Commission meeting s there were additional site analyses that were performed by the Applicant and most of those sites were recommended by the community .
Hearing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 7:39 p.m.
Mayor Blackburn explained that he did not find that the Planning Commission erred on the inform ation that they were provided , therefore he denied the appeal, denied enterin g into a contract with AT&T and did not want to send the item back to the Planning Commission.
Mayor Pro Tern Bhat-Patel requested that the item be referred back to the Planning Commission for further evidentiary development , to find more feasible location s, to hear about alternatives with small cell t echnology and added that she is not in support of negotiations for the agreement at the park.
Council Member Acosta supported Mayor Pro Tern Bhat-Patel recommend ation s.
Council Member Burkholder supported Mayor Blackburn's recommendation .
Council Member Luna supported Mayor Blackburn's recommendation.
April 16, 2024 Carlsbad City Council Regular Meeting Page 7 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, directing staff to refer the item back to the Planning Commission for further evidentiary development .
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to direct the City Manager to not initiate negotiations with AT&T.
Motion by Mayor Blackburn, to support the decision of the Planning Commission and supporting the denial to enter into an agreement with AT&T.
Mayor Pro Tern Bhat-Patel withdrew her pending motion and pending secon_d to refer back to the Planning Commission.
Council Member Acosta withdrew her pending second motion to refer back to the Planning Commission.
Motion by Mayor Blackburn, seconded by Council Member Luna, to adopt Resolution No. 2024-079 denying the appeal and upholding the decision of the Planning Commission. Motion carried, 4/0/1 (Acosta - No).
Minute Motion by Mayor Pro Tern Bhat-Patel, second by Council Member Acosta, directing staff to return to the City Council at a future meeting with revisions to Council Policy 64.
Motion carried unanimou sly, 5/0.
Mayor Blackburn called for a recess at 7:51 p.m.
Mayor Blackburn reconvened the meeting at 7:56 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14. CLIMATE ACTION PLAN ANNUAL REPORT FOR REPORTING PERIOD 7, JAN. 1, 2023 - DEC. 31, 2023 - Adoption of Resolution No. 2024-080 accepting the Climate Action Plan Annual Report for Reporting Period 7, Jan. 1, 2023 - Dec. 31, 2023. (Staff contact: Katie Hentrich , Public Work s Department)
City Manager's Recommendation : Adopt the resolution .
Senior Program Manager Katie Hentrich presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Lynda Daniels spoke regarding the importance of building electrification.
Paige DeCino spoke in favor of the Climate Action Plan.
April 16, 2024 Carlsbad City Council Regular Meeti ng Page 8 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-080. Motion carried unanimously, 5/0.
15. UPDATE ON THE MAERKLE RESERVOIR SOLAR ENERGY STUDY - Receive an update on the Maerkle Reservoir Solar Study Project and provide input to staff on next steps. (Staff contact:
Vicki Quiram , Public Works Department and Jason Haber, City Manager Department) City Manager's Recommendation : Receive the update .
Utilities Director Vicki Quiram , Utilities Senior Engineer Keri Martinez and Intergovernmental Affairs Directbr Jason Haber presented the report.
Don Christianson support of the project.
Council received the update .
16. AUTHORIZING A TRANSFER OF FUNDS FROM A PUBLIC WORKS STORAGE FACILITY PROJECT
TO THE ORION CENTER PROJECT AND APPROVING A DESIGN SERVICES AGREEMENT WITH CARRIER JOHNSON FOR THE ORION CENTER PROJECT (CIP PROJECT NO. 3572) - Adoption of .Resolution No. 2024-081 authorizing and directing the City Manager, or designee, to transfer funds from the Public Works Storage Facility, Capital Improvement Program Project No. 4092, to the Orion Center Project, Capital Improvement Program Project No. 3572, removing Capital Improvement Program Project No. 4092 from the Capital Improvement Program Budget and authorizing a design services agreement with Carrier Johnson, a California Corporation, for the Orion Center Project, Capital Improvement Program Project No. 3572. (Staff contact : Steven Stewart and John Maashoff, Public Works Department) City Manager's Recommendation: Adopt the resolution.
Municipal Projects Manager Steven Stewart and Public Works Manager John Maashoff presented the report.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-081. Motion carried unanimously, 5/0.
CONTINUATION OF NON-AGENDA PUBLIC COMMENT: None.
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.
Monday, April 22, 2024
April 16, 2024 Carlsbad City Council Regular Meeting
8:30 - 10:00 a.m.
City of Carlsbad Fire Dept. Promotions & Recognition Ceremony Fire Station 5
2540 Orion Way
Carlsbad, CA
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:24 p.m.
Ana Marie Alarcon, CMC
Deputy City Clerk