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
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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
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