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HomeMy WebLinkAbout2022-02-22; City Council; ; Timing of the Ballot Measure for the Monroe Street Pool Renovation/Replacement ProjectCITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: District: Feb.22.2022 Mayor and City Council Scott Chadwick, City Manager Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov, 760-434-2941 Steven Stewart, Municipal Projects Manager steven.stewart@carlsbadca.gov, 760-602-7543 Timing of the Ballot Measure for the Monroe Street Pool Renovation/Replacement Project All Recommended Action CA Review AF Adopt a resolution deferring the timing of a Proposition H ballot measure for the Monroe Street Pool Renovation/Replacement Project to an election cycle to be determined at a later date. Executive Summary The City Council received a staff report and presentation on Jan. 26, 2021, regarding the Monroe Street Pool Renovation/Replacement Project, Capital Improvement Program Project No. 4724 (Exhibit 2). The City Council approved a motion (Exhibit 3) directing staff to pursue the design concept with the largest scope of work and cost, at that time an estimated $21 million, and to pursue placing a ballot measure for the project on the June 7, 2022, primary election ballot. Such a ballot measure would be needed for the project because Carlsbad's Proposition H requires voter approval for <ePital projects that will cost more than $1 million in "city funds," as defined by Carlsbad Municipal Code Section 1.24.020.1 To meet the San Diego County Registrar of Voters' schedule to place a measure on the June ballot, the language for that measure must be approved through a City Council resolution by March 8, 2022. However, the City Council's ongoing strategic planning process for the next five- year period is scheduled to continue on March 16, 2022. In consideration of the status of the City Council's strategic planning process, coupled with current available staff and funding resources, and the city's numerous other Capital Improvement Program projects, staff are now recommending the City Council defer the timing of the ballot measure for the Monroe Street Pool Renovation/Replacement project to an election cycle to be determined by the City Council after the conclusion of the strategic planning process. 1 An overview of Proposition H's specific provisions and guidelines is provided as Exhibit 4. Feb.22,2022 Item #7 Page 1 of 19 Discussion Monroe Street Pool Renovation/Replacement Project The existing Monroe Street Pool includes a 25-yard by 25-meter pool, equipment room, and locker room building. The facility was built in 1982 and needs renovation and replacement work to address degraded finishes and building code requirements and attenuate the sound level inside. The facility would also benefit from additional energy efficient measures to the mechanical building and the locker room building, as well as reconfiguration and expansion of the pool and the site's buildings. The City Council has approved the charter for a Capital Improvement Program project for the facility, and has appropriated an amount of $6,790,360 in funding for the project. At the Jan. 26, 2021, meeting, staff presented the City Council with three design concepts for the project, Concept 3 contained the largest scope of work and cost. The mid-point of the estimated total costs for Concept 3 at that time was $21 million, leaving a potential shortfall of more than $13 million. In addition, because Concept 3 would require the expenditure of more than $1 million in city funds, the provisions of Proposition H (Exhibit 4) would apply and a ballot measure would need to be approved by the majority of voters to proceed with construction. In response to the direction received from the City Council on Jan. 26, 2021, staff began the process of placing a measure on the June 7, 2022, primary election ballot. City Council Five-Year Strategic Plan In the interim, on Dec. 13, 2021, the City Council held a workshop to begin the process of developing a City Council five-year strategic plan. The City Council also affirmed support for conducting a study to identify options for generating new revenues so that the city can continue to provide a high level of service, deliver a number of critical capital improvement projects and remain financially sustainable as the city's funding sources change over time. The City Council identified the following main themes to frame the five-year strategic plan: • Economic vitality • Sustainability and the environment • Community character • Quality of life and safety • Organizational excellence and fiscal health Public engagement efforts related to the revenue study and strategic planning process are ongoing, and two additional City Council workshops are scheduled to be held over the next several months to further develop and finalize the strategic plan. The second of those City Council workshops is scheduled to be held on March 16, 2022. At that time, the City Council is to consider input received from the public and feedback from city staff and will be asked to clarify and prioritize the City Council's goals for the next five years, to possibly include prioritizing a number of critical capital improvement projects. These goals, and the various initiatives identified to support them, will inform the various department workplans to be incorporated in the city's fiscal year 2022-23 Operating Budget and Capital Improvement Program Budget. The full strategic planning process is not anticipated to be completed until later in summer 2022. Feb. 22,2022 Item #7 Page 2 of 19 Available resources and other Capital Improvement Program projects The city currently has limited available resources, in regard to both staffing and funding, to devote to Capital Improvement Program Projects. Staff recommend the City Council review the availability of these resources in a holistic manner during the strategic planning process. Simply stated, the city does not currently have the staffing or funding capacity needed to complete all of the projects already within the Capital Improvement Program, let alone those projects contemplated for the future. As part of the strategic planning process, the City Council could develop a prioritized set of Capital Improvement Program projects on which staff time and funding are to be initially focused. Multiple projects within the Capital Improvement Program are also anticipated to require the expenditure of more than $1 million in city funds, as defined by Carlsbad Municipal Code section 1.24.020, and based on preliminary assessments by staff, certain projects may not be eligible for exceptions to the provisions of Proposition H. In such cases, Proposition H ballot measures would need to be approved by voters for the city to proceed with construction. Projects that might require a vote of the members of the public to approve an expenditure of more than $1 million in city funds include, but are not limited to, renovating the Monroe Street Pool, constructing Fire Station 7, trenching the railroad tracks, extending College Boulevard and developing the Robertson Ranch Community Park, as well as potentially Veterans Memorial Park, the Public Works Operation Center (the Orion Center}, and the City Hall/Civic Center. Options The following options are provided for the City Council, with option one recommended by staff: 1. Defer the timing of a Proposition H ballot measure for the Monroe Street Pool Renovation/Replacement Project, to an election cycle to be determined by the City Council at a later date. 2. Direct staff to return to the City Council on March 8, 2022, with a resolution for approval of proposed language for a Proposition H ballot measure for the Monroe Street Pool Renovation/Replacement Project to be placed on the June 7, 2022 election ballot. Fiscal Analysis The cost to place a ballot measure on the June 7, 2022 primary election ballot was estimated by the County of San Diego Registrar of Voters to be $55,000 to $85,000. If a ballot measure on the Monroe Street Pool Renovation/Replacement Project were to be deferred to an election date after the conclusion of the strategic planning process, the associated cost would be determined at that time. Next Steps Should the City Council defer the timing of a Proposition H ballot measure for the Monroe Street Pool Renovation/Replacement Project to an election cycle to be determined at a later date, staff will continue operating and maintaining the facility for the public's use to the best degree practicable. Environmental Evaluation This action does not constitute a "project" within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 in that it has no potential to cause Feb.22,2022 Item #7 Page 3 of 19 either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. City Council staff report, dated Jan. 26, 2021 3. City Council meeting minutes, dated Jan. 26, 2021 4. Proposition H, overview Feb.22,2022 Item #7 Page 4 of 19 EXHIBIT 1 RESOLUTION NO. 2022-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DETERMINING THE TIMING OF A PROPOSITION H BALLOT MEASURE FOR THE MONROE STREET POOL RENOVATION/REPLACEMENT PROJECT BE DEFERRED AND RETURNED TO THE CITY COUNCIL WITH SUFFICIENT TIME TO CONSIDER PLACEMENT ON THE NOVEMBER 2022 BALLOT. WHEREAS, the existing Monroe Street Pool includes a 25-yard by 25-meter pool, equipment room, and locker room building. The facility was built in 1982 and needs renovation and replacement work to address degraded finishes, building code requirements and sound attenuation; and WHEREAS, the facility would also benefit from additional energy efficient measures to the mechanical building and the locker room building, as well as reconfiguration and expansion of the pool and the site's buildings; and WHEREAS, to date, the City Council has approved a Capital Improvement Program charter for the facility, and has appropriated funding in an amount of $6,790,360; and WHEREAS, on Jan. 26, 2021, the City Council received a staff report and presentation regarding the Monroe Street Pool Renovation/Replacement Project. Of the three design concepts presented for this project, Concept 3 contained the largest scope of work and cost; and WHEREAS, the mid-point of the estimated total costs of Concept 3 was $21 million; and WHEREAS, staff's assessment, in consultation with the City Attorney's Office, was that the provisions of Proposition H would apply to Concept 3 and the city could not expend more than $1 million in "city funds" as defined by Carlsbad Municipal Code section 1.24.020, on the project without a Proposition H ballot measure being approved by the majority of voters; and WHEREAS, the City Council directed staff to pursue Concept 3 and to pursue placing a Proposition H ballot measure for the project on the June 7, 2022 primary election ballot; and WHEREAS, in the interim, on Dec. 13, 2021, the City Council held a workshop to begin the process of developing a City Council five-year strategic plan. It also affirmed support for conducting a revenue study to identify options for generating new revenues so the city can continue to provide a high level of service, deliver a number of critical capital improvement projects and remain financially sustainable as the city's funding sources change over time; and WHEREAS, the City Council identified the following goal themes to frame the five-year strategic plan: Economic Vitality; Sustainability & the Natural Environment; Community Character; Quality of Life and Safety; and Organizational Excellence & Fiscal Health; and WHEREAS, two additional City Council workshops are scheduled to be facilitated over the next several months to further develop and finalize the strategic plan. The second of those City Council workshops is scheduled to be held on March 16, 2022; and WHEREAS, at that time, the City Council will consider input received from the public and feedback from city staff and will be asked to clarify and prioritize the City Council's goals for the next five years, to possibly include prioritizing a number of critical capital improvement projects; and WHEREAS, in order for a measure to be placed on the June 7, 2022 primary election ballot, the language for that measure must be approved via a City Council resolution by March 8, 2022; and WHEREAS, the city currently has limited available resources, in regard to both staffing and funding, to devote to Capital Improvement Program Projects; and WHEREAS, staff recommends that the City Council review the availability of these resources in a holistic manner during the strategic planning process; and develop a prioritized set of Capital Improvement Program projects for which staff time and funding are to be initially focused; and WHEREAS, multiple projects within the Capital Improvement Program are also anticipated to require the expenditure of more than $1 million in "city funds", as defined by Carlsbad Municipal Code section 1.24.020, and based on preliminary assessments by staff, certain projects may not be eligible for exceptions to the provisions of Proposition H; and WHEREAS, in such cases, Proposition H ballot measure(s) would need to be approved by the majority of voters in order for the city to proceed with construction; and WHEREAS, the cost to place a ballot measure on the June 7, 2022 primary election ballot was estimated by the County of San Diego Registrar of Voters to be between $55,000 and $85,000; and WHEREAS, if a ballot measure on this project is deferred to an election date to be determined later, the associated cost would be determined at that time; and WHEREAS, the City Planner has considered the potential environmental effects of this action and has been determined it to be exempt from California Environmental Quality Act (CEQA) review. Pursuant to California Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the timing of a Proposition H ballot measure for the Monroe Street Pool Renovation Project be deferred and returned to the City Council with sufficient time to consider placement on the November 2022 ballot. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of February 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta. Norby. None. MATT HALL, Mayor rk Services Manager Exhibit 2 City Council Staff Report, dated Jan. 26, 2021 (on file in the Office of the City Clerk) Feb.22,2022 Item #7 Page 8 of 19 CITY COUNCIL Minutes Jan. 26, 2021, 3 p.m. CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. Exhibit 3 Counci l Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Dec. 15, 2020 Minutes of the Special Meeting held Jan. 14, 2021 Minutes of the Special Meeting held Jan. 19, 2021 Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the . minutes as presented. Motion carried unanimously, 5/0. PRESENTATIONS: None. PUBLIC COMMENT: . The following individuals called into the City Council Meeting and voiced their comments for the record: Mary Lucid requested that the Carlsbad Senior Center or the City of Carlsbad Faraday location be allowed to have a drive-thru COVfD-19 vaccination center. She also requested more sport and recreational equipment for the Carlsbad Senior Center. Karen Mendoza spoke in support of Carlsbad restaurants staying open and advocated for more resources for small businesses to stay open during the COVID-19 pandemic. Justin Jachura, Co-founder of Senor Grubby's, spoke regarding the need for more business collaboration between the City of Carlsbad and the restaurants in the Village. Andy Davis, Owner of Mas Fina Cantina and The Compass, spoke regarding the need for more business collaboration between the City of Carlsbad and the restaurants in the Village. He also suggested establishing a committee that will allow for community interactions and shared collaborations between the City of Carlsbad and the restaurants in the Village. Feb.22,2022 Item #7 Page 9 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page 2 Jim Wellman spoke to advocate for community participation in the upcoming meetings regarding Police Oversight. John Wellman spoke about the risks of party politics and its influence over local government. PUBLIC REPORT OF ACTION TAKEN.IN CLOSED SESSION: None. CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1 through 3. Motion carried unanimously, 5/0. 1. AMENDMENT NO. 5 TO THE PROJECT AGREEMENT BETWEEN CITY OF CARLSBAD AND CITY OF VISTA FOR CONSTRUCTION OF THE AGUA HEDIONDA SEWER LIFT STATION AND VISTA/CARLSBAD INTERCEPTOR SEWER REACHES -Adoption of Resolution No. 2021-031 authorizing the mayor to execute Amendment No. 5 to the project agreement for construction of the Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer, Reaches VC11B-VC15, between the City of Carlsbad and the City of Vista, authorize the deputy city manager, administrative services, to transfer $1,200,000 from the Sewer Connection Fee Fund to the Sewer Replacement Fund, and appropriate $1,200,000 from the Sewer Replacement Fund, and authorize the city manager to approve contract documents and reimbursement payments to the City of Vista for the City of Carlsbad's share of the remaining project work in an amount not to exceed $1,545,000. (Staff contact: Dave Padilla and Vicki Quiram, Public Works} 2. AMENDMENT TO AGREEMENTS FOR THE SAFETY CENTER RENOVATION PROJECT. CIP NO. 4715 -1} Adoption of Resolution No. 2021-032 authorizing Amendment No. 4 to the Agreement with Sillman Wright Architects, Inc. to incorporate structural engineering design services for the Emergency Operations Center into the design work for the Safety Center Renovation Project, CIP Project No. 4715, in an amount not to exceed $278,967; and 2} Adoption of Resolution No. 2021-033 authorizing Amendment No. 2 to the Agreement with Griffin Structures, Inc. to extend and amend the agreement for construction management and inspection services for the Safety Center Renovation Project, CIP Project No. 4715, in an amount not to exceed $368,000. (Staff contact: Mickey Williams, Police and Steven Stewart Public Works} 3. RATIFICATION OF A DECLARATION OF LOCAL EMERGENCY FOR REMEDIATION OF HILLSIDE -Adoption of Resolution No. 2021-034 ratifying the city manager's declaration of local emergency for remediation of a hillside scarred by the Jan. 20, 2021 brushfire incident that occurred on the northeast side of the 4600 block of Park Drive. (Staff contact: Tom Frank and Michael O'Brien, Public Works} DEPARTMENTAL AND CITY MANAGER REPORTS: Feb.22,2022 Item #7 Page 10 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page3 This item was heard before Item No. 4 6. ECONOMIC AND FINANCIAL UPDATE FOR THE SECOND QUARTER OF FISCAL YEAR 2020-21- Receive a report on the economic and financial update for the second quarter of fiscal year 2020-21 and provide direction as appropriate. (Staff contact: Laura Rocha, Administrative Services} City Manager's Recommendation: Receive the report and provide direction as appropriate. Deputy City Manager, Administrative Services Laura Rocha, Economic Development Manager Matt Sanford, and Finance Director Ryan Green presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council received the report. ORDINANCES FOR INTRODUCTION: This item was heard after Item No. 6 4. ANNUAL CITY COUNCIL COMPENSATION REVIEW-1) Introduction of an ordinance adjusting City Council compensation by the amount established by the San Diego Regional Consumer Price Index; or 2} Introduction of Ordinance No. CS-390 permanently waiving City Council compensation adjustments for 2021. (Staff contact: Drew Cook and Judy von Kalinowski, Human Resources) City Manager's Recommendation: Introduce the ordinance. City Manager Scott Chadwick presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individual called into the City Council Meeting and voiced their comment for the record: John Wellman spoke to suggest a tier and bonus pay system based on the success of Carlsbad residents and the per capital income of the city. City Attorney Celia Brewer titled the ordinance. Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to introduce Ordinance No. CS-390 permanently waiving City Council compensation adjustments for 2021. Motion carried unanimously, 5/0. 5. AMEND CARLSBAD MUNICIPAL CODE CHAPTER 2.04 RELATING TO ELECTED OFFICIALS AND REPEAL CHAPTER 2.06 AND SECTIONS 2.08.010. 2.08.020, 2.08.022, 2.08.030 AND 2.08.032 - Introduction of an ordinance amending Chapter 2.04 and repealing Chapter 2.06 and Sections 2.080.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 of the Carlsbad Municipal Code. (Staff Feb.22,2022 Item #7 Page 11 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page 4 contact: Cindie McMahon, City Attorney Depa rtment and Sheila Cobian, City Manager Department) City Manager's Recommendation: Introduce the ordinance. Assistant City Attorney Cindie McMahon, and Assistant to the City Manager Sheila Cobian presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individuals called into the City Council Meeting and voiced their comments for the record: Aly Vredenburgh, a member of the Carlsbad Equality Commission, expressed that the amendment was unfair as it would deprive City Council members from many volunteer opportunities. Keyrollos Ibrahim, a member of the Carlsbad Equality Commission, expressed that the amendment would deprive City Council members from many volunteer opportunities. He also suggested the formation of a code of conduct that would enable citizens to see where City Council members have strong interests or connections and determine if there was a conflict of interest at stake. Council Member Bhat-Patel requested a change in language for Carlsbad Municipal Code, Chapter 2.04: Elected Officials under Section 2.04.040. -Eligibility for office, Point D. She suggested to strike the wording of "police officer" and "of the police department" And add the words "city", "applicable", and the phrase", including conflict of interest and ethics laws, ordinances, rules and regulations. Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, to change the language as follows: Notwithstanding California Government Code Section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the local agency's legislative body, the mayor or a city council member may simultaneously serve, without compensation, as a city volunteer fJO!ice officer subject to all applicable federal and state laws, municipal ordinances and rules and regulations, including conflict of interest and ethics Jaws, ordinances, rules and regulations. ef#qe f)oJice clet3<1ffffie~ Motion carried unanimously, 5/0. Council Member Bhat-Patel requested a change in language for Carlsbad Municipal Code, Chapter 2.04: Elected Officials under Section 2.04.100. -Reorganization of the city council. She suggested to strike the revised wording of "A four-fifths vote of the City Council would be required for changes at any other time of the year." Feb.22,2022 Item #7 Page 12 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page 5 Motion by Council Member Bhat-Patel, seconded by Council Member Schumacher, to move Section 2.04.050 to Section 2.04.100 and revise the language of '~t the meeting when the general election results are certified by the county clerk or city clerk, as appropriate, or as soon as reasonably practicable thereafter, the city council shall meet for the purpose of appointing individual members of the city council to boards, commissions, committees or other bodies as the council may find necessary for its reorganization and effective functioning." to include the following revised language and striking the language of "A four fifths vote of the City Council would be required for changes at any other time of the year": "the City Council reorganization would occur annually at the first regularly scheduled meeting of the calendar year or as soon as reasonably practicable after a new city council member is sworn into office. ~~--YS-te--eHAe·G~-Council we-Hl4-be-~+i=e4-fGf..ffiaflg-e5-at--aRV etf¼ef--time-~tAe--','eafr Motion carried, 3/2 (Blackburn, Hall-No). Motion by Council Member Acosta, seconded by Council Member Schumacher, to direct the Municipal Code Subcommittee to revise Proposed Section 2.04.110-Vacancies in Office and bring the revision to Council. Motion carried unanimously, 5/0. Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to add ''A person appointed to fill a vacant office must meet the eligibility requirements for the office" to Section 2.04.110-Vacancies in Office. Motion carried unanimously, 5/0. City Attorney Celia Brewer commented that the Ordinance will be returned to the Municipal Code Subcommittee to make the proposed changes to bring back to Council. In response to an inquiry from Council Member Schumacher, City Attorney Celia Brewer commented that the discussion of having the City Clerk be responsible for timekeeping during public comment can be further discussed at the next Legislative subcommittee meeting. ORDINANCE FOR ADOPTION: None. PUBLIC HEARINGS: None. ' DEPARTMENTAL AND CITY MANAGER REPORTS: 7. APPROVAL OF REVISIONS TO THE CITY OF CARLSBAD PART-TIME SALARY SCHEDULE AND MANAGEMENT SALARY SCHEDULE -Adoption of Resolution No. 2021-035 approving revisions to the City of Carlsbad Part-Time Salary Schedule and Management Salary Schedule, and authorizing pay increases for part-time employees and management employees. (Staff contact: Judy van Kalinowski and Drew Cook, Human Resources) City Manager's Recommendation: Adopt the resolution. Feb.22,2022 Item #7 Page 13 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page 6 City Manager Scott Chadwick presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Blackburn, seconded by Council Member Acosta, to adopt Resolution No. 2021-035. Motion carried unanimously, 5/0. Mayor Hall declared a recess at 4:51 p.m. Mayor Hall reconvened the meeting at 5:00 p.m. 8. COVID-19 ACTIONS AND EXPENDITURES REPORT -1) Receive a report on recent actions and expenditures related to the city's response to the COVID-19 pandemic and provide direction as appropriate; and 2) Adoption of Resolution No. 2021-036 appropriating $1,500,000 from the city's economic uncertainty set-aside in the General Fund to pay for costs related to the COVID-19 local emergency. (Staff contact: Geoff Patnoe, City Manager Department) City Manager's Recommendation: Receive the report provide direction as appropriate and adopt the resolution. Assistant Director of Emergency Services David Harrison, Deputy City Manager Gary Barberio, Police Chief Neil Gallucci, Senior Program Manager Holly Nelson, Fire Department Chief Michael Calderwood, Chief Innovation Officer David Graham, Community & Economic Development Director Jeff Murphy, Deputy City Manager Laura Rocha, and City Manager Scott Chadwick presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-036. Motion carried unanimously, 5/0. Council received the report. 9. APPROVAL OF OUTLINE FOR 2021 CITY COUNCIL GOAL SETTING WORKSHOP -Consider and approve the outline for the 2021 City Council Goal Setting Workshop and provide direction to staff as necessary. (Staff contact: Sheila Cobian and Jason Haber, City Manager Department) City Manager's Recommendation: Consider and approve the outline and provide direction to staff as necessary. Assistant to the City Manager Sheila Cobian, Director of Intergovernmental Affairs Jason Haber, and Facilitator David Agran presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the outline for the City Council Goal Setting Workshop. Motion carried unanimously, 5/0. Feb.22,2022 Item #7 Page 14 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page7 10. DISTRICT 2 AND DISTRICT 4 APPOINTMENTS OF TWO MEMBERS TO THE PLANNING COMMISSION 1) Adoption of a Resolution No. 2021-037 appointing one member to the Planning Commission; and 2) Adoption of Resolution No. 2021-038 appointing one member to the Planning Commission. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolutions. The following individual called into the City Council Meeting and voiced their comment for the record: Kevin Sabellico spoke regarding his qualifications to serve on the Planning Commission. Motion by Mayor Pro Tern Blackburn, seconded by Mayor Hall, to adopt Resolution No. 2021- 037 appointing William Kamenjarin to the Planning Commission. Motion carried unanimously, 5/0. Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2021-038 appointing Kevin Sabellico to the Planning Commision. Motion carried unanimously, 5/0. 11. MONROE STREET POOL IMPROVEMENT /REPLACEMENT PROJECT CONCEPT DIRECTION - Receive a staff report on the Monroe Street Pool Renovation/Replacement Project and direct staff on which design concept to pursue, and, if a ballot measure is necessary to implement the selected design concept, which election cycle staff should pursue. (Staff contact: Kyle Lancaster, Parks & Recreation and Steven Stewart, Public Works) City Manager's Recommendation: Receive the report and provide direction as appropriate. Parks and Recreation Director Kyle Lancaster, Municipal Projects Manager Steven Stewart Principal/Director of Sport & Rec, Legal Project Associate Arash lzadi and Senior Project Manager, Legal Project Associate John Courtney presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individual called into the City Council Meeting and voiced their comment for the record: James Hamilton expressed his concern about the potential downtime for active users of the Monroe Street Pool when the renovation/replacement occurs. He also advocated for more aquatic pool resources for the public. Feb.22,2022 Item #7 Page 15 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page 8 Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to direct staff to pursue Design Concept No. 3 and pursue placing the measure on the June 7th, 2022 primary election ballot. Motion carried unanimously, 5/0. 12. REPORT ON PLANNING AREA F OF THE POINSETTIA SHORES MASTER PLAN -PONTO PROPERTY -Receive an informational presentation on Planning Area F of the Poinsettia Shores Master Plan, the Ponto property, that includes an overview of the planned and allowed land uses, public park needs and requirements, public vote requirements, and related information pertinent to the future development of the property, and provide staff with direction. (Staff contact: Jeff Murphy, Community Development) City Manager's Recommendation: Receive the report and provide direction as appropriate. Mayor Hall declared a recess at 6:34 p.m. Mayor Hall reconvened the meeting at 6:39 p.m. Community Development Director Jeff Murphy presented the report and reviewed a Power Point presentation {on file in the Office of the City Clerk). The following individuals called into the City Council Meeting and voiced their comments for the record: Lance Schulte, group speaker representing Dorothy Fritz, Ron Fritz, and Harry Peacock, spoke about misconceptions regarding the purchase of the Ponto property. He also suggested various alternatives to acquiring the Ponto property. Jodi Jones spoke to advocate to keep the Ponto property for open space and to buif d the Ponto Park. Jane Naskiewicz spoke to advocate to keep the Ponto property for open spac;e and to build the Ponto Park. She also advocated for more parks in· Carlsbad. Sean Kirkwood spoke to advocate to keep the Ponto property for open space and to build the Ponto Park. He also advocated for alternatives projects for the Ponto property. Owen Rassman and Laura Walsh spoke to advocate to keep the Ponto property for open space and to build the Ponto Park. Michael Sebahar, Co-founder of People for Ponto, spoke to advocate to keep the Ponto property for open space and to build the Ponto Park. He also suggested that the city look into different ways to purchase the property. Feb.22,2022 Item #7 Page 16 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page 9 Howard Krausz spoke to advocate to build the Ponto Park. He also suggested that the city look into different ways to purchase the property. Diane Nygaard spoke to advocate to build the Ponto Park. He also suggested that the City look into different ways to purchase the property. Richard Saldivar spoke to advocate to keep the Ponto property for open space and to build the Ponto Park. He also suggested that the city look into different ways to purchase the property. Gary Coleman spoke to advocate to build the Ponto Park. He also suggested that the city look into different ways to purchase the property. Council Member Bhat-Patel left the meeting at 7:33 p.m~ for health reasons. In response to an inquiry from Council Member Acosta, City Planner Don Neu explained that applications to develop can be forced to be withdrawn by the city if the project becomes stalled or if an application is incomplete. He further explained that the application that was filed in 2016 for the Ponto property has been left on file at the request of the owner so that they could find a new developer. In response to an inquiry from Council Member Schumacher, City Attorney Celia Brewer explained that the Ponto property is a very complex issue and there are several laws at issue and if the Council did decide to put this item on a future agenda to pursue the property, careful consideration would need to be given for legal reasons. In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Celia Brewer explained that when the city pursues acquiring property it gets the property appraised by a Members Appraisal Institute (MAI) appraiser and that price is used as the foundation for the acquisition strategy. In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Celia Brewer explained that if proceedings were to continue the city would need to work with the property owner to get appropriate appraisals. In response to an inquiry from Mayor Hall, City Attorney Celia Brewer explained that anything to do with land use has the potential to create lega l challenges. She added that the city does not own the property nor control it and that the conversations occurring without a willing seller have potential for future legal challenges. In response to an inquiry from Mayor Hall, City Planner Don Neu explained that he could not recall a time where property was downzoned without a request from a willing property owner. Feb.22,2022 . Item #7 Page 17 of 19 January 26, 2021 Carlsbad City Council Regular Meeting Page 10 Minute Motion by Council Member Acosta, second by Council Member Schumacher, to direct staff to bring back an item within the next six months with viable strategies regarding Planning Area F and other coastal properties to preserve open space and recreation. Motion carried, 4/0/1 (Bhat-Patel -Absent). 13. STRATEGIC DIGITAL TRANSFORMATION INVESTMENT PROGRAM -Adoption of a resolution approving the preliminary Strategic Digital Transformation Investment Program. (Staff contact: Laura Rocha, David Graham and Maria Callander, Administrative Services) City Manager's Recommendation: Adopt the resolution. Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to continue the item until after goal setting. Motion carried, 4/0/1 {Bhat-Patel -Absent). COUNCIL REPORTS AND COMMENTS: Mayor Hall and the City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 8:22 p.m. Feb.22,2022 Hector Gomez Deputy City Clerk Item #7 Page 18 of 19 EXHIBIT 4 Proposition H, overview of specific provisions and guidelines In brief, Proposition H is a citizen-led initiative approved by voters in 1982, codified as Chapter 1.24 of the Carlsbad Municipal Code. Section 1.24.030. It states, in part: The city shall make no real property acquisition and/or no improvements to real property the cost of which exceeds one million dollars in city funds, unless the proposed acquisition and/or improvement project and the cost in city funds is first placed upon the ballot and approved by a majority of the voters voting thereon at an election. The Guidelines for Proposition H, as amended by the City Council on July 19, 2005, state in part: 6. Improvements to Real Property The intent of Chapter 1.24 is expressed in 1.24.010 as: "It is the intent of this chapter to provide the citizens and taxpayers of Carlsbad with an opportunity to express directly their preference by vote prior to major city expenditures for the purchase or development of land. It is not the intent of this chapter to interfere with the normal day-to-day administration of the city or with routine ongoing capital expenditures." Section 1.24.020 (3) states: "Improvements to Real Property" means the actual physical construction of improvements on real property owned, leased, or controlled by the city, ormodification, enlargement, or alteration of existing improvements on such property." Section 1.24.020 (3) shall be interpreted in the following manner: "Improvement to Real Property" shall not include replacement, repair, maintenance, routine refurbishment or upgrades of existing facilities as they are considered to be routine ongoing capital expenditures necessary to carry out the normal and routine business of the city. The City Council may make findings on a case-by-case basis on whether the above exceptions are applicable to a proposed project. Feb.22,2022 Item #7 Page 19 of 19 Tammy Cloud-McMinn From: Sent: To: Subject: Carl Pope <seatp3@gmail.com > Monday, February 21, 2022 2::53 PM City Clerk Item #7 of 02/22/2022 Council Meeting All Receive -Agenda Item # ']_ For the Information of the: CITY COUNCIL Date112-11JJ.__CA ..,..,..--cc .,..- CM .,,.-ACM r ocM (3) / To Mayor, Council Members and City Manager, please accept these comments regarding item #7 of the February 22nd, 2022 Council Meeting; Time is of the essence in the renovation and replacement of the Monroe Street Pool. Please visit the facility and then tell me you think it is even close to being up to the standards of Carlsbad. The facility was completed in October of 1981 and has significant underlying structural, mechanical and plumbing deficiencies. Most of these problems have been identified for at least ten or more years now. These maintenance issues continue to get worse and create the possibility that the facility could become unusable at any time, which would create significant operational challenges to the Aquatics program and Carlsbad's quality of life and safety. While I fully support a holistic strategic planning process, the Executive Summary and Discussion do not indicate a valid reason why the ballot vote can not take place in June, since even if the ballot measure is approved the Council still has the authority to determine the priority and timing of the project relative to other projects in the CIP. The Discussion does not specify a plan for the other $1 million plus potential CIP projects such as trenching the railroad tracks, the Public Works Center, etc. and how they will be included in a future ballot measure. 1 The MSP ·renovation is categorically different from the other projects mentioned in the Discussion. Failure of an existing community facility is a real risk if this does not move forward in a timely manner. At the very least, specify that the ballot measure will be · placed on the November 2022 general election with whatever CIP project requests are ready at that time. Thank you, Carl Pope CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 2 Tammy Cloud-McMinn From: Sent: To: Subject: susan gutierrez <schneb6@gmail.com> Tuesday, February 22, 2022 10:35 AM City Clerk Feb.22, 2022 Agenda Item #7 To Mayor, Council Members and City Manager, All Receive -Agenda Item # J_ For the Information of the: pTYCOUNCIL Dat~CA ✓CC .,.-. --CM ,,....----;A.CM L DCM(3)L Please accept my comments regarding Agenda item #7 of the February 22nd, 2022 Council Meeting. I request that the Monroe Street Pool (MSP) renovation/replacement capital improvement project (CIP) be placed on the June 7, 2022 primary ballot. On Jan 26, 2021 the council voted 5-0 to select MSP renovation/replacement Option 3 AND to place this on the June 7, 2022 primary ballot. While I fully support a valid reason why the ballot vote cannot take place in June, the reason of lack of time to do so is not acceptable. The Council still has the authority to determine the priority and timing of projects and how they will be included in a future ballot measures. Monroe Street Pool has significant deficiencies. Most of these problems have been identified for years. And yet maintenance was deferred as the issues continued to get worse. Repeatedly we heard that parts were obsolete or that a total overhaul was planned. This is a facility that served the community for decades and in no way reflects the standards we expect of a Carlsbad facility. Failure of an existing community facility is a real risk if this does not move forward in a timely manner. A failure is not only possible at the actual MSP facility but also as well as a failure in community support of a ballot measure for funding. Many "regular" MSP swimmers turned to the City of Oceanside's El Corazon Park pool after MSP limited hours in September of 2021. We found a beautiful facility complex and very much closer to our north Carlsbad homes than Alga Norte. If Carlsbad continues to postpone and delay serving the needs of north Carlsbad residents, we will continue to find solutions to address our needs elsewhere. Thank you, Sue Gutierrez Sue Gutierrez 760-434-5308-home 760-822-8035-cel I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Linda Schlesinger <drlauragolfs@yahoo.com> Tuesday, February 22, 2022 2:00 PM City Clerk Item #7 Carlsbad City Council Meeting February 22, 20022 Re: Item #7 Carlsbad City Council Meeting February 22, 20022 I urge that the City Council direct staff to return to the City Council on March 8, 2022 with a resolution for approval of proposed language for a Proposition H ballot measure for the Monroe Street Pool Renovation/Replacement Project to be placed on the June 7, 2022 election ballot. The City Manager has indicated his preference for deferral of this ballot measure due to "current available staff and funding resources." Further the City Manager supports deferral of this ballot measure because the City Council will hold a March 16, 2022 five-year strategy planning process meeting that may identify other capital improvement projects. These reasons for deferral of this ballot measure don't make sense to me. The City of Carlsbad will always have limited available funding resources and staffing at every point in time, and the City of Carlsbad will always have several capital improvement projects that compete for limited available funding resources and staffing. On January 26, 2021, the City Council unanimously voted 5-0 to approve the Monroe Street Pool Renovation/Replacement Project, Capital Improvement Project No. 4724, and the City Council directed staff to draft language for a Proposition H ballot measure for the June 7, 2022 election ballot for this capital improvement project. The City Council has appropriated $6,790,360 for the Monroe Street Pool Renovation/Replacement Project, Capital Improvement Project No. 4724, a "Critical" capital improvement project. City public engagement efforts for input on Monroe Street Pool Improvements included an online survey (Aug. 31 -Sep 30, 2020) that proposed three options for improving the Monroe Street Pool. This survey had 944 respondents, 23,964 individual responses, and 591 comments. This survey clearly indicated that the public supported renovations to the Monroe Street Pool and that Pool Improvements Option 3 was the preferred option to renovate the Monroe Street Pool. Carlsbad residents, the Carlsbad Parks and Recreation Commission, the Carlsbad Parks and Recreation Department, and Carlsbad City Council all agree that the Monroe Street Pool needs renovation. The pool is over 40 years old and has many problems that are detailed in the Aquatic Design Group-prepared Needs Assessment Study: Monroe Street Pool, January 31, 2017. Don't defer the timing of a Proposition H ballot measure for the Monroe Street Pool Renovation/Replacement Project to an election cycle to be determined. Direct staff to return to the City Council on March 8, 2022, with a resolution for approval of proposed language for a Proposition H ballot measure for the Monroe Street Pool Renovation/Replacement Project to be placed on the June 7, 2022 election ballot. Linda Schlesinger Carlsbad, CA 92008 1