HomeMy WebLinkAbout2024-10-08; City Council; Minutes (2) Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
PLEDGE OF ALLEGIANCE: Council Member Luna led the Pledge of Allegiance.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Blackburn announced that the City
Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent
Calendar Item No. 6, and as the City Council, Carlsbad Municipal Water District Board of Directors
and Carlsbad Public Financing Authority on Departmental and City Manager Report Item No. 12.
APPROVAL OF MINUTES:
Minutes of the Special Meeting held Sept. 30, 2024
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the
minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS:
Proclamation in Recognition of Indigenous Peoples’ Day
Mayor Pro Tem Bhat-Patel presented the proclamation to Rincon Band of Luiseño Indians
Councilwoman Laurie Gonzalez.
Proclamation in Recognition of National Arts & Humanities Month
Mayor Blackburn presented the proclamation to Arts Commissioner Nora George.
Proclamation in Recognition of Carlsbad Farmers Market 30 Year Anniversary
Council Member Burkholder presented the proclamation to Carlsbad Village Association
Executive Director Christine Davis.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon
announced that there was no reportable action at both the Sept. 30, 2024, and the Oct. 8, 2024,
Closed Sessions.
PUBLIC COMMENT:
Mary Lucid voiced her concerns regarding the Senior Center.
Oct. 8, 2024, 5 p.m.
CITY COUNCIL
Minutes
Oct. 8, 2024 Carlsbad City Council Regular Meeting Page 2
Lisa Morganti voiced her concerns regarding her service dog not being permitted at a restaurant
in the Village.
Paige DeCino spoke regarding the updated Climate Action Plan.
Raul Villamar voiced his concerns regarding the development replacing Smart & Final.
Jean Walker spoke regarding Council Member Acosta’s votes while on the League of California
Cities.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 through 8. Motion carried unanimously, 5/0.
1. REPORT ON CITY INVESTMENTS AS OF AUG. 31, 2024 – Accept and file Report on City
Investments as of Aug. 31, 2024, 2024. (Staff contact: Zach Korach, Administrative Services
Department)
Thomas Krouse spoke regarding the City Treasurer’s reporting and the city’s investment
losses.
2. SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF KEVIN LEHAN – Adoption of
Resolution No. 2024-222 authorizing settlement of the Workers’ Compensation claim of
Kevin Lehan. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services
Department)
3. AMENDMENT NO. 1 TO THE AGREEMENT WITH ESRI, INC. FOR THE EXPANSION OF THE
ENTERPRISE ADVANTAGE PROGRAM SUBSCRIPTION – Adoption of Resolution No. 2024-223
authorizing the City Manager or designee to execute Amendment No. 1 to the existing two-
year agreement with ESRI, Inc. for the expansion of the ESRI Enterprise Advantage Program
subscription ending Nov. 28, 2025, for a new not-to-exceed amount of $696,500. (Staff
contact: Maria Callander and David van Gilluwe, Administrative Services Department)
4. APPROVAL OF THE 2025 REGULAR CITY COUNCIL MEETING CALENDAR – Adoption of
Resolution No. 2024-224 approving the 2025 Regular City Council Meeting Calendar. (Staff
contact: Sheila Cobian, City Manager Department)
5. AWARD OF CONTRACT TO EDWARDS CONSTRUCTION GROUP, INC. FOR THE ALGA NORTE
AQUATIC CENTER RESTROOM AND LOCKER ROOM RENOVATION PROJECT AND AWARD OF A
CONTRACT TO CALIFORNIA WATERS DEVELOPMENT, INC. FOR THE ALGA NORTE AQUATIC
CENTER POOL REPLASTERING PROJECT (CIP PROJECT NOS. 4756 AND 4733) – 1) Adoption of
Resolution No. 2024-225 denying a bid protest filed by First Foundation, Inc., accepting bids
and awarding a contract to Edwards Construction Group, Inc. for construction of the Alga
Norte Aquatic Center Restroom and Locker Room Renovation Project Schedule “A” in an
Oct. 8, 2024 Carlsbad City Council Regular Meeting Page 3
amount not to exceed $446,873 and delegating authority to the City Manager to execute a
change order to award Schedule “B,” or parts thereof, in an amount not to exceed $320,792;
and
2) Adoption of Resolution No. 2024-226 accepting bids and awarding a contract to California
Waters Development, Inc. for construction of the Alga Norte Center Pool Replastering Project
in an amount not to exceed $1,534,522. (Staff contact: John Maashoff, Public Works
Department)
6. ADVERTISE FOR BIDS FOR THE PONTO WATER MAIN REPLACEMENT PROJECT (CIP PROJECT
NO. 5035-5) – Adoption of Carlsbad Municipal Water District Board of Directors Resolution
No. 1747 approving the plans, specifications and contract documents and authorizing the
Secretary to the Board of Directors to advertise for bids for the Ponto Water Main
Replacement Project. (Staff contact: Dave Padilla and Markus Mohrle, Public Works
Department)
7. AMENDMENT TO THE AGREEMENT WITH ESSENCO, INC. TO PROVIDE MEAL PREPARATION
SERVICES FOR THE CARLSBAD SENIOR CENTER – Adoption of Resolution No. 2024-227
authorizing the execution of Amendment No. 8 to the agreement with Essenco, Inc. to
provide meal preparation services for the Carlsbad Senior Center from Nov. 15, 2024, through
March 31, 2025, for an amount not to exceed $100,000. (Staff contact: Eric Biggin,
Community Services Department)
Mary Lucid expressed her concerns regarding the meal preparation at the Senior Center.
8. NORTH REGIONAL ZONE MASTER INTEROPERABLE AUTOMATIC AID AGREEMENT FOR FIRE-
RESCUE RESPONSES AND SUPPORT ACTIVITIES – Adoption of Resolution No. 2024-228
authorizing the City Manager or designee to approve an updated automatic aid agreement
between fire agencies in the North Regional Zone. (Staff contact: Michael Calderwood, Fire
Department)
BOARD AND COMMISSION MEMBER APPOINTMENTS: None.
ORDINANCES FOR INTRODUCTION:
9. ORDINANCE AMENDING CARLSBAD MUNICIPAL CODE SECTIONS 18.21.030 (GREEN BUILDING
STANDARDS CODE – SITE DEVELOPMENT) AND 18.04.055 (BUILDING CODE – BOARD OF
APPEALS) WITH FINDINGS OF FACT SUPPORTING CALIFORNIA BUILDING STANDARDS CODE
AMENDMENTS (MCA 2024-2003) – Introduction of Ordinance No. CS-476 amending Carlsbad
Municipal Code Sections 18.21.030 (Green Building Standards Code – Site Development) and
18.04.055 (Building Code – Board of Appeals) with findings of fact supporting California
Building Standards Code Amendments; and
Oct. 8, 2024 Carlsbad City Council Regular Meeting Page 4
2) Schedule a public hearing for the second reading and adoption of the ordinance at the Oct.
29, 2024, City Council Meeting. (Staff contact: Mike Strong, Community Services Department)
Assistant Director of Community Development Mike Strong and gave a brief overview.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance No. CS-476 and schedule the public hearing for the second reading. Motion carried
unanimously, 5/0.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. CLEAN ENERGY ALLIANCE UPDATE – Receive an informational report from Clean Energy
Alliance Executive Director Greg Wade on the Clean Energy Alliance’s operations and
performance. (Staff contact: Jason Haber, City Manager Department)
City Manager’s Recommendation: Receive the report.
Intergovernmental Affairs Director Jason introduced Clean Energy Alliance President Greg
Wade who presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
City Council received the report.
11. HOPE ELEMENTARY SCHOOL SAFE ROUTES TO SCHOOL PLAN – Adoption of Resolution No.
2024-229 accepting the Hope Elementary School Safe Routes to School Plan. (Staff contact:
Nathan Schmidt, Public Works Department)
City Manager’s Recommendation: Adopt the resolution.
Transportation Planning & Mobility Manager Nathan Schmidt presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2024-229. Motion carried unanimously, 5/0.
12. GENERAL FUND SURPLUS: APPROVAL OF FISCAL YEAR 2023-24 BUDGET CARRYFORWARD
REQUESTS AND APPROPRIATION OF UNSPENT FUNDS TO BUDGET FOR FISCAL YEAR 2024-25
1) Adoption of Resolution No. 2024-230 approving the fiscal year 2023-24 budget
carryforward requests and appropriation of funds to fiscal year 2024-25 and authorizing
capital outlay purchases; and
2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1748
approving the Carlsbad Municipal Water District fiscal year 2023-24 budget carryforward
Oct. 8, 2024 Carlsbad City Council Regular Meeting Page 5
requests and appropriation of funds to fiscal year 2024-25 and authorizing capital outlay
purchases; and
3) Adoption of Carlsbad Public Financing Authority Resolution No. 98 approving the Carlsbad
Public Financing Authority fiscal year 2023-24 budget carryforward requests and
appropriation of funds to fiscal year 2024-25 and authorizing capital outlay purchases; and
4) Adoption of Resolution No. 2024-231 approving the restriction of General Fund reserves
in fiscal year 2024-25 to fund the $7,500,000 contribution to the city’s Section 115 Pension
Trust. (Staff contact: Zach Korach, Administrative Services Department)
City Manager’s Recommendation: Adopt the resolutions.
Thomas Krouse expressed his support of the Section 115 Trust.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2024-230 and 2024-231, Carlsbad Municipal Water District Board of Directors
Resolution No. 1748, Carlsbad Public Financing Authority Resolution No. 98. Motion carried
unanimously, 5/0.
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.
Minute motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, directing staff to
bring back for further discussion and direction, consideration of a stop sign at Hoover and Adams
within 60 days. Motion carried unanimously, 5/0.
Minute motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel, to place for
discussion on a future City Council agenda, the potential for a community park in the southwest
portion of Carlsbad, in order to give the City Council an opportunity to revisit the previous
discussions and receive an update from staff regarding the potential park in South Ponto. Motion
failed, 2/3 (Blackburn, Burkholder, Luna – No).
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: None.
CITY ATTORNEY COMMENTS: City Attorney McMahon clarified that the City Attorney’s Office
has no jurisdiction over campaign finance laws, including local campaign finance laws, which are
enforced by the District Attorney. City Attorney McMahon also clarified that the City Attorney’s
Office is prohibited from using public funds for political purposes which means, among other
things, that the City Attorney’s Office cannot provide legal advice to candidates or their
campaign. City Attorney McMahon added that the City Attorney’s Office represents the City of
Carlsbad as an entity and does not represent any of the organizations or agencies that the Council
Members sit on aside from the City Council so the City Attorney’s office cannot provide legal
advice related to their work for those other organizations and agencies. City Attorney McMahon
Oct. 8, 2024 Carlsbad City Council Regular Meeting Page 6
further added that those other organizations and agencies do have counsel that represent them
and are available to the Council Members to assist them with any legal needs related to those
organizations and agencies.
CITY CLERK COMMENTS: None.
PUBLIC COMMENT CONTINUED:
Thomas Krouse spoke regarding the lack of public forum for the election of the City Treasurer.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 6:34 p.m.
Tamara R. McMinn, CPMC, CMC
Senior Deputy City Clerk