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HomeMy WebLinkAbout2025-01-14; City Council; Agendas 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. • For non-agenda public comment, speakers must confine their remarks to matters within the City Council’s subject matter jurisdiction. • For public comment on agenda items, speakers must confine their remarks to the question or matter under consideration. • 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. • Failure to comply with the rules for public participation is disruptive conduct. Continuing disruptive conduct after being asked by the presiding official to cease may result in removal from the meeting. 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 manager@carlsbadca.gov 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. Jan. 14, 2025, 5 p.m. CITY COUNCIL Agenda - Spectrum 24 AT&T U-verse 99 Jan. 14, 2025 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Community Development Commission on Consent Calendar Item No. 4, as the Carlsbad City Council and the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 7, and as the Carlsbad City Council and the Carlsbad Municipal Water District Board of Directors on Departmental and City Manager Reports Item No. 17. PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: Minutes of the Regular Meeting held Oct. 29, 2024 Minutes of the Regular Meeting held Dec. 10, 2024 ACTION: Minutes were approved as presented – 5/0. PRESENTATIONS: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action. PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the agenda, provided remarks are confined to matters within the City Council’s subject matter jurisdiction. 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. 1. REPORT ON CITY INVESTMENTS AS OF NOV. 30, 2024 – Accept and file Report on City Investments as of Nov. 30, 2024. (Staff contact: Christian Peacox, City Treasurer and Zach Korach Administrative Services) ACTION: Accepted and filed the report. 2. CITY ATTORNEY EMPLOYMENT AGREEMENT – Adoption of a resolution approving the amended and restated City Attorney Employment Agreement with Cindie K. McMahon and corresponding amendments to the Appointed Officials Salary Range Schedule. (Staff contact: Judy Von Kalinowski, Administrative Services) ACTION: Adopted Resolution No. 2025-001 – 4/1 (Burkholder – No). 3. APPROVAL OF REVISED 2025 REGULAR CITY COUNCIL MEETING CALENDAR – Adoption of a resolution approving a revised 2025 Regular City Council Meeting Calendar. (Staff contact: Sheila Cobian, City Manager) Jan. 14, 2025 Page 3 ACTION: Adopted Resolution No. 2025-002 – 5/0. 4. MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE ADMINISTRATION OF PROJECT-BASED VOUCHERS FOR VETERANS FOR THE WINDSOR POINTE AFFORDABLE HOUSING DEVELOPMENT PROJECT – Adoption of a Community Development Commission resolution consenting to the Housing Authority of the County of San Diego administering six Housing & Urban Development Veterans Affairs Supportive Housing project-based vouchers for the Windsor Pointe affordable housing development project at 965 Oak Avenue and 3606 Harding Street in Carlsbad. (Staff contact: Mandy Mills, Community Services) ACTION: Adopted Community Development Commission Resolution No. 570 – 5/0. 5. AWARD OF CONTRACT TO EDWARDS CONSTRUCTION GROUP, INC. FOR THE MONROE STREET POOL RENOVATION AND REPLACEMENT PROJECT, AND APPROVAL OF AN AGREEMENT WITH CUMMING MANAGEMENT GROUP, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, CIP PROJECT NO. 4724 – 1) Adoption of a resolution rejecting a bid protest submitted by Construct 1 One Corp., accepting the bids received and awarding a construction contract to Edwards Construction Group, Inc. in an amount not to exceed $14,126,653 for the Monroe Street Pool Renovation and Replacement Project, Capital Improvement Program Project No. 4724; and 2) Adoption of a resolution approving a professional services agreement with Cumming Management Group, Inc. for construction management and inspection services in an amount not to exceed $563,800 for the Monroe Street Pool Renovation and Replacement Project, Capital Improvement Program Project No. 4724. (Staff contact: Steven Stewart, Public Works) ACTION: Adopted Resolution No. 2025-003 – 5/0; and Adopted Resolution No. 2025-004 – 5/0. 6. AWARD OF CONTRACT TO FILANC AND TRANSFERRING FUNDS FOR CONSTRUCTION OF THE CANNON LIFT STATION IMPROVEMENTS PROJECT, CIP PROJECT NO. 5552 – Adoption of resolution approving the revised plans, specifications and contract documents, accepting bids, authorizing relief of the apparent low bid, awarding a construction contract to Filanc, and transferring funds within the sewer replacement fund for construction of the Cannon Lift Station Improvements Project, Capital Improvement Program Project No. 5552. (Staff contact: Dave Padilla and Daniel Zimny, Public Works) ACTION: Adopted Resolution No. 2025-005 – 5/0. 7. AMENDMENT NO. 2 TO THE AGREEMENT WITH CAROLLO ENGINEERS, INC., TO EXTEND THE TERM FOR THE CARLSBAD BOULEVARD WATER AND SEWER IMPROVEMENTS AT TERRAMAR PROJECT, CIP PROJECT NOS. 5048 AND 5503-20 – 1) Adopt a Carlsbad Municipal Water District Board of Directors resolution authorizing execution of Amendment No. 2 to the professional services agreement with Carollo Engineers, Inc. to extend the agreement term for the Carlsbad Boulevard Water Improvements at Terramar Project; and 2) Adopt a City Council resolution authorizing execution of Amendment No. 2 to the professional services agreement with Carollo Engineers, Inc. to extend the agreement term for the Carlsbad Boulevard Sewer Improvements at Terramar Project. (Staff contact: Dave Padilla and Sean Diaz, Public Works) Jan. 14, 2025 Page 4 ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1754 – 5/0; and Adopted Resolution No. 2025-006 – 5/0. BOARD AND COMMISSION MEMBER APPOINTMENTS: 8. DISTRICT 2 AND DISTRICT 4 APPOINTMENTS TO THE COMMUNITY-POLICE ENGAGEMENT COMMISSION – 1) Adoption of a resolution appointing one member to the Community-Police Engagement Commission; and 2) Adoption of a resolution appointing one member to the Community-Police Engagement Commission. (Staff contact: Tammy McMinn, City Clerk) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2025-007 appointing Steven Gish to the Community-Police Engagement Commission – 5/0; and Adopted Resolution No. 2025-008 appointing Dan Frazee to the Community-Police Engagement Commission – 5/0. 9. DISTRICT 2 AND DISTRICT 4 APPOINTMENTS TO THE PARKS & RECREATION COMMISSION – 1) Adoption of a resolution appointing one member to the Parks & Recreation Commission; and 2) Adoption of a resolution appointing one member to the Parks & Recreation Commission. (Staff contact: Tammy McMinn, City Clerk) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2025-009 appointing Dale Ordas to the Parks & Recreation Commission – 5/0; and Adopted Resolution No. 2025-010 appointing Julie Knight to the Parks & Recreation Commission – 5/0. 10. DISTRICT 2 AND DISTRICT 4 APPOINTMENTS TO THE PLANNING COMMISSION – 1) Adoption of a resolution appointing one member to the Planning Commission; and 2) Adoption of a resolution appointing one member to the Planning Commission. (Staff contact: Tammy McMinn, City Clerk) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2025-011 appointing Nicholas Foster to the Planning Commission – 5/0; and Adopted Resolution No. 2025-012 appointing Spencer Burrows to the Planning Commission – 5/0. 11. MAYORAL, DISTRICT 2 AND DISTRICT 4 APPOINTMENTS TO THE TRAFFIC SAFETY & MOBILITY COMMISSION – 1) Adoption of a resolution appointing one member to the Traffic Safety & Mobility Commission; and 2) Adoption of a resolution appointing one member to the Traffic Safety & Mobility Commission; and 3) Adoption of a resolution appointing one member to the Traffic Safety & Mobility Commission. (Staff contact: Tammy McMinn, City Clerk) Jan. 14, 2025 Page 5 City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2025-013 appointing Josh Coelho to the Traffic Safety & Mobility Commission – 5/0; and Adopted Resolution No. 2025-014 appointing Tom Schuck to the Traffic Safety & Mobility Commission – 5/0; and Adopted Resolution No. 2025-015 appointing Steve Nicholes to the Traffic Safety & Mobility Commission – 5/0. ORDINANCES FOR INTRODUCTION: 12. ANNUAL ELECTED OFFICIALS’ COMPENSATION REVIEW – 1) Conduct the annual review of elected officials’ compensation; and, 2) Introduce an ordinance titled either: A. “An ordinance of the City Council of the City of Carlsbad, California, amending Title 2, Chapter 2.04, Section 2.04.010(A), to adjust City Council members’ compensation by the percentage increase in the San Diego Regional Consumer Price Index for 2024” (Exhibit 1), or B. “An ordinance of the City Council of the City of Carlsbad, California, permanently waiving City Council compensation adjustments for 2025” (Exhibit 2), or C. Provide other direction as desired. 3) Introduce an ordinance titled either: A. “An ordinance of the City Council of the City of Carlsbad, California, amending Title 2, Chapter 2.04, Section 2.04.020(A), to adjust City Clerk and City Treasurer compensation by the percentage increase in the San Diego Regional Consumer Price Index for 2024” (Exhibit 3), or B. “An ordinance of the City Council of the City of Carlsbad, California, declining City Clerk and City Treasurer compensation adjustments for 2025” (Exhibit 4), or C. Provide other direction as desired. (Staff contact: Judy Von Kalinowski and Silvano Rodriguez, Administrative Services) City Manager’s Recommendation: Introduce the ordinances. ACTION: Introduced Ordinance No. CS-482, amending Title 2, Chapter 2.04, Section 2.04.010(A), to adjust City Council members’ compensation by the percentage increase in the San Diego Regional Consumer Price Index for 2024 – 5/0; and Introduced Ordinance No. CS-483, amending Title 2, Chapter 2.04, Section 2.04.020(A), to adjust City Clerk and City Treasurer compensation by the percentage increase in the San Diego Regional Consumer Price Index for 2024 – 5/0. 13. CAMPAIGN CONTRIBUTION LIMITS – Introduction of an ordinance amending Carlsbad Municipal Code Section 1.15.040 – Campaign contribution limits to reflect adjustments calculated on the total change in the California Consumer Price Index for All Urban Consumers for the San Diego region since the last adjustments were made. (Staff contact: Faviola Medina, City Clerk) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-484 – 5/0. ORDINANCES FOR ADOPTION: None. Jan. 14, 2025 Page 6 PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. REVIEW OF 2024 TGIF CONCERTS IN THE PARKS SEASON AND PLANNING UPDATE FOR FUTURE SEASONS – 1) Receive a report of the 2024 TGIF Concerts in the Parks season; and 2) Receive an update on the planning for the 2025 TGIF Concerts in the Parks series, and confirm the preferred concert schedules for 2025 through 2027; and 2) Provide any additional feedback or direction as desired. (Staff contact: Suzanne Smithson and Craddock Stropes, Community Services) City Manager’s Recommendation: Receive the report and update and provide direction to staff. ACTION: Received the report; and Received an update; and Provided additional feedback (see Minutes for details). 15. WINDSOR POINTE AFFORDABLE HOUSING PROJECT – REGIONAL ADVOCACY LETTER – Review and approve a draft advocacy letter for the region’s legislators to be asked to sign in support of the City of Carlsbad’s efforts to hold Affirmed Housing accountable for its commitments regarding the Windsor Pointe Affordable Housing Project. (Staff contact: Jason Haber, City Manager) City Manager’s Recommendation: Review and approve the draft advocacy letter. ACTION: Reviewed and approved the draft advocacy letter – 5/0. 16. 2025 LEGISLATIVE PLATFORM AND LEGISLATIVE PROGRAM UPDATE – 1) Adopt a resolution approving the City of Carlsbad 2025 Legislative Platform; and 2) Direct staff to advocate for eight potential city-sponsored state legislative proposals and for federal, state and county funding for specified city projects; and 3) Receive reports on state and federal legislative and budget activity and recent and ongoing advocacy efforts and provide feedback to staff as desired. (Staff contact: Jason Haber, City Manager) City Manager’s Recommendation: Adopt the resolution, provide direction to staff and receive reports. ACTION: Adopted Resolution No. 2025-016; and Received the reports. 17. REORGANIZATION OF THE CITY COUNCIL AND CMWD BOARD, ELECTION OF MAYOR PRO TEMPORE AND BOARD PRESIDENT AND VICE PRESIDENT, REGIONAL COMMITTEE ASSIGNMENTS AND SUBCOMMITTEE ASSIGNMENTS – 1) Adopt a resolution appointing one member of the City Council to serve as Mayor Pro Tempore for a term ending in December 2025, or until a replacement is appointed; and 2) Adopt a Carlsbad Municipal Water District Board resolution appointing one member of the Board of Directors to serve as President of the Board and one member to serve as Vice President of the Board for a term ending in December 2025, or until a replacement is appointed; and Jan. 14, 2025 Page 7 3) Adopt a resolution appointing members of the City Council to the San Diego Association of Governments Board of Directors for a term ending in December 2025, or until a replacement is appointed; and 4) Adopt a resolution appointing members of the City Council to the San Diego Association of Governments Shoreline Preservation Working Group for a term ending in December 2025, or until a replacement is appointed; and 5) Adopt a resolution appointing members of the City Council to the North County Transit District Board of Directors for a term ending in December 2025, or until a replacement is appointed; and 6) Adopt a Carlsbad Municipal Water District Board resolution confirming the Board President’s appointment of a Board Member to the San Diego County Water Authority Board of Directors for a term ending in December 2025, or until a replacement is appointed; and 7) Adopt a resolution appointing members of the City Council to the Clean Energy Alliance Joint Powers Authority Board of Directors for a term ending in December 2025, or until a replacement is appointed; and 8) Adopt a resolution confirming the mayoral appointment of members of the City Council to the various regional committee assignments for terms ending in December 2025, or until replacements are appointed; and 9) Adopt a resolution confirming the mayoral appointment of members of the City Council to the City Council Economic Development Subcommittee for a term ending in December 2025, or until replacements are appointed; and 10) Adopt a resolution confirming the mayoral appointment of members of the City Council to the City Council Legislative Subcommittee for a term ending in December 2026, or until replacements are appointed. (Staff contact: Faviola Medina, City Clerk) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2025-016; and Adopted Resolution No. 2025-017; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1755; and Adopted Resolution No. 2025-019; and Adopted Resolution No. 2025-020; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1756; and Adopted Resolution No. 2025-021; and Adopted Resolution No. 2025-022; and Adopted Resolution No. 2025-023; and Adopted Resolution No. 2025-024 – 5/0. Adopted Resolution No. 2025-018 – 3/2 (Burkholder – No). 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. City Council Regional Assignments (Revised 12/12/23) Keith Blackburn Mayor Buena Vista Lagoon JPC Chamber of Commerce Liaison (alternate) Encina Joint Powers JAC Encina Wastewater Authority Board of Directors Jan. 14, 2025 Page 8 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 Kevin Shin Council Member – District 2 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: CITY CLERK COMMENTS: ADJOURNMENT: 6:41 p.m. 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. Jan. 14, 2025 Page 9 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 manager@carlsbadca.gov 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, provided remarks are confined to matters within the City Council’s subject matter jurisdiction. 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, provided remarks are confined to the question or matter under consideration. 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 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. Jan. 14, 2025 Page 10 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.