HomeMy WebLinkAbout2022-11-15; City Council; Minutes (2) Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 5 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the Carlsbad
Municipal Water District Board of Directors on Consent Calendar Item No. 2 and the Community
Development Commission on Public Hearing Item No. 12.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES: None.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon
announced there was no reportable action.
PRESENTATIONS:
Proclamation in Recognition of Small Business Saturday
Mayor Pro Tem Blackburn read the proclamation. Carlsbad Chamber of Commerce President Bret
Schanzenbach and Executive Director of the Carlsbad Village Association Christine Davis accepted
the proclamation and said a few words.
Proclamation in Recognition of America Recycles Day
Council Member Norby read the proclamation. Senior Program Manager Avecita Jones accepted
the proclamation and said a few words.
PUBLIC COMMENT:
Mary Lucid expressed her concerns with the operation of the Senior Center.
Glenn Bernard expressed his concerns with defunding the Police.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 through 4 and 6 through 9. Motion carried unanimously, 5/0.
Mayor Pro Tem Blackburn abstained on Item No. 4.
Nov. 15, 2022, 5 p.m.
CITY COUNCIL
Minutes
Nov. 15, 2022 Carlsbad City Council Regular Meeting Page 2
1. REPORT ON CITY INVESTMENTS AS OF SEPT. 30, 2022 – Accepted and filed Report on City
Investments as of Sept. 30, 2022. (Staff contact: Craig Lindholm and Laura Rocha,
Administrative Services Department)
2. ADVERTISE FOR BIDS FOR THE EL FUERTE AND MAERKLE MOTORIZED VALVES PROJECT, CIP
PROJECT NOS. 5050, 5009 AND 5007 - Adoption of a Carlsbad Municipal Water District Board
of Directors Resolution No. 1689 approving plans, specifications and contract documents and
authorizing the Secretary of the Board of Directors to advertise for bids for the El Fuerte and
Merkle Motorized Valves Project. (Staff contact: Dave Padilla and Sean Diaz, Public Works
Department)
3. AGREEMENT WITH KIEWIT-SHEA II FOR CONSUMPTION OF ELECTRICITY FROM THE PANEL
AND METER AT TEMPORARY FIRE STATION 7 – Adoption of Resolution No. 2022-258
authorizing the City Manager, or designee, to execute an electricity use agreement with
Kiewit-Shea II regarding consumption of electricity from the electrical panel and meter at
Temporary Fire Station 7. (Staff contact: John Maashoff, Public Works Department)
4. ACQUISITION OF REAL PROPERTY ALONG EL CAMINO REAL FROM CINNABAR WAY TO
CAMINO VIDA ROBLE FOR WIDENING EL CAMINO REAL, CIP PROJECT NO. 6072 – Adoption of
Resolution No. 2022-259 authorizing Project Manager Brandon Miles, Real Estate Manager
Curtis Jackson and Consultant Dokken Engineering to negotiate with the owners of Assessor
Parcel No. 213-050-16, or their agents, for acquisition of real property and a temporary
construction easement for the widening of El Camino Real from Cinnabar Way to Camino Vida
Roble (Capital Improvement Program Project No. 6072) at the estimated fair market value of
$260,000. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works Department)
Mayor Hall pulled this item for discussion
5. ACQUISITION OF REAL PROPERTY ALONG EL CAMINO REAL FROM SUNNY CREEK ROAD TO
JACKSPAR DRIVE FOR WIDENING EL CAMINO REAL, CIP PROJECT NO. 6094 – Adoption of
resolution authorizing Project Manager Brandon Miles, Real Estate Manager Curtis Jackson
and Consultant Dokken Engineering to negotiate with the owners of Assessor Parcel Nos. 209-
60-48, 209-60-58, and 209-90-11, or their agents, for acquisition of real property and
temporary construction easements for the widening of El Camino Real from Sunny Creek
Road to Jackspar Drive (Capital Improvement Program Project No. 6094) at the estimated fair
market value of $127,000. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works
Department)
6. ADVERTISE FOR BIDS FOR THE 2021 SIDEWALK CONSTRUCTION PROJECT, CIP PROJECT NO.
6002-21 – Adoption of Resolution No. 2022-261 approving the plans, specifications and
contract documents and authorizing the City Clerk to advertise for bids for the 2021 Sidewalk
Construction Project as part of the Sidewalk/Street Construction Program. (Staff contact:
Kevin Moghadasi and Hossein Ajideh, Public Works Department)
Nov. 15, 2022 Carlsbad City Council Regular Meeting Page 3
Glenn Bernard spoke against curb and sidewalk construction.
7. AWARD OF CONTRACT TO ASTER CONSTRUCTION SERVICES INC. FOR THE CARLSBAD
BOULEVARD PEDESTRIAN IMPROVEMENTS PROJECT, AND AUTHORIZATION OF ADDITIONAL
APPROPRIATION IN THE AMOUNT OF $833,788 (CIP PROJECT NO. 6097) – Adoption of
Resolution No. 2022-262 accepting bids received, awarding a contract to Aster Construction
Services, Inc. for the Carlsbad Boulevard Pedestrian Improvements Project, not to exceed
$1,246,567, and authorizing an additional appropriation in an amount of $833,788. (Staff
contact: John Kim, Public Works Department)
8. AMENDMENT NO. 1 TO A RIGHT-OF-ENTRY PERMIT WITH THE CALIFORNIA DEPARTMENT OF
PARKS AND RECREATION TO INCLUDE REIMBURSEMENT FOR PLAN REVIEWS OF THE BEACH
ACCESS REPAIRS AND UPGRADES FROM PINE AVENUE TO TAMARACK AVENUE PROJECT, CIP
PROJECT NO. 3896 – Adoption of Resolution No. 2022-263 authorizing Amendment No. 1 to
the existing Right of Entry Permit with the California Department of Parks and Recreation to
include reimbursements, up to an amount of $40,000, for plan reviews for the beach access
repairs and upgrades from Pine Avenue to Tamarack Avenue Project. (Staff contact: Lauren
Ferrell and Hossein Ajideh, Public Works Department and Kyle Lancaster, Parks & Recreation
Department)
9. ACCEPTING $113,000 GRANT FROM CALIFORNIA OFFICE OF TRAFFIC SAFETY – Adoption of a
Resolution No. 2022-264 authorizing the City Manager to accept the fiscal year 2022 Office
of Traffic Safety Selective Traffic Enforcement Program Grant Funds and authorizing the
Deputy City Manager of Administrative Services to appropriate the funds for Selective Traffic
Enforcement Program Expenses in the amount of $113,000. (Staff contact: Amanda Baker,
Police Department)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
Mayor Hall pulled this item for discussion
5. ACQUISITION OF REAL PROPERTY ALONG EL CAMINO REAL FROM SUNNY CREEK ROAD TO
JACKSPAR DRIVE FOR WIDENING EL CAMINO REAL, CIP PROJECT NO. 6094 – Adoption of
Resolution No. 2022-260 authorizing Project Manager Brandon Miles, Real Estate Manager
Curtis Jackson and Consultant Dokken Engineering to negotiate with the owners of Assessor
Parcel Nos. 209-60-48, 209-60-58, and 209-90-11, or their agents, for acquisition of real
property and temporary construction easements for the widening of El Camino Real from
Sunny Creek Road to Jackspar Drive (Capital Improvement Program Project No. 6094) at the
estimated fair market value of $127,000. (Staff contact: Brandon Miles and Hossein Ajideh,
Public Works Department)
In response to Mayor Hall’s inquiry, Engineering Manager Hossein Ajideh explained that
typically developers request approval from the City for projects, where they are conditioned
to construct improvements within their project frontage. Engineering Manager Ajideh
explained that since no developers have come to the City seeking approval and because the
Nov. 15, 2022 Carlsbad City Council Regular Meeting Page 4
project has been expedited for construction, the City is moving forward with negotiating
acquisition of the property with the owners.
In response to an inquiry from Mayor Hall, Deputy City Manager Public Works Paz Gomez
added that the item being presented is part of the General Plan and has been brough forward
for the City Council and looked at other funding sources for the construction of the widening
of El Camino Real.
In response to an inquiry from Council Member Norby, Engineering Manager Ajideh explained
that the road widening is being done to benefit future projects and to alleviate traffic in that
area.
In response to an inquiry from Council Member Norby, Deputy City Manager Public Works
Gomez explained that as part of the Growth Management Plan, when there is a deficient
segment, it would be brought forward to the City Council.
In response to an inquiry from Council Member Acosta, Engineering Manager Hossein Ajideh
explained that the project has been on a capital improvement project list and approved by
the City Council the past four years.
In response to an inquiry from Mayor Pro Tem Blackburn, Deputy City Manager Public Works
Paz Gomez explained that the City has not yet contacted the property owners and are
requesting authority to initiate negotiations with them. Deputy City Manager Public Works
Gomez further explained that the project is not a developer led project, but rather a city led
capital improvement project.
In response to an inquiry from Mayor Pro Tem Blackburn, Transportation Director Tom Frank
explained that the City would not be reimbursed if the property owner decided to improve
their property at a later date.
In response to an inquiry from Mayor Hall, Community Development Director Jeff Murphy
explained that the property owners approached the city after the City Council decided on two
housing element maps to be added back onto one of the maps, but it is not feasible to include
them due to the State’s Housing Element submission deadlines.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to Adopt
Resolution No. 2022-260. Motion carried, 4/1 (Hall – No).
ORDINANCES FOR INTRODUCTION:
10. INTRODUCE AN ORDINANCE TO REDUCE SPEED LIMITS ON PORTIONS OF CADENCIA STREET
AND GATEWAY ROAD – Introduction of Ordinance No. CS-440 amending Title 10, Chapter
10.44, Sections 10.44.200 and 10.44.830 of the Carlsbad Municipal Code by reducing the
Nov. 15, 2022 Carlsbad City Council Regular Meeting Page 5
speed limit along portions of Cadencia Street and Gateway Road. (Staff contact: John Kim,
Public Works Department)
City Manager’s Recommendation: Introduce the ordinance.
City Traffic Engineer John Kim reviewed a PowerPoint presentation (on file in the Office of
the City Clerk).
City Attorney Cindie McMahan titled the ordinance.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-440. Motion carried unanimously, 5/0.
ORDINANCES FOR ADOPTION:
11. ORDINANCE NO. CS-439 - ZONING CHANGES TO CITYWIDE ZONING MAP – Adoption of
Ordinance No. CS-439 approving zone change (amendment to the citywide zoning map) from
Residential Density-Multiple Zone (RD-M) to Residential Professional with a Qualified Overlay
Development Zone (R-P-Q) on a 0.16 acre parcel generally located at 2754 Jefferson Street
(APN 203-201-01-00) in Local Facilities Management Zone 1 (Case Name: Jefferson Mixed-
Use; Case No.: ZC 2021-0003 (DEV2020-0116)). (Staff contact: Faviola Medina, City Clerk
Services Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-439
City Attorney McMahan titled Ordinance No. CS-439.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-439. Motion carried unanimously, 5/0.
PUBLIC HEARINGS:
12. CARLSBAD HOUSING AGENCY’S REVISED ADMINISTRATIVE PLAN FOR THE HOUSING CHOICE
VOUCHER RENTAL ASSISTANCE PROGRAM – Adoption of Community Development
Commission Resolution No. 557 approving the Carlsbad Housing Agency’s Revised
Administrative Plan for the Housing Choice Voucher Rental Assistance Program. (Staff
contact: Todd Henderson, Housing & Homeless Services Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt
the resolution.
Interim Housing Services Manager Todd Henderson reviewed a PowerPoint presentation (on
file in the Office of the City Clerk).
Mayor Hall opened the duly noticed public hearing at 5:45 p.m.
Nov. 15, 2022 Carlsbad City Council Regular Meeting Page 6
Hearing no one wishing to speak, Mayor Hall closed the duly noticed public hearing at 5:45
p.m.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 557. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. CONSIDERATION OF A STAFF RECOMMENDATION TO DISCONTINUE EFFORTS TO INCLUDE
LOT 11 AS A POTENTIAL SERVICE CENTER LOCATION IN NEGOTIATIONS WITH SDG&E AND
NRG ENERGY – Direct staff to discontinue efforts to include the site known as Lot 11 in the
city’s negotiations with the San Diego Gas & Electric Company and NRG Energy based on its
infeasibility as a suitable site for relocation of the SDG&E North Coast Service Center. (Staff
contact: Gary Barberio, Community Services Department and Cindie McMahon, City
Attorney’s Department)
City Manager’s Recommendation: Direct staff as appropriate.
Deputy City Manager Community Services Gary Barberio presented the report and reviewed
a PowerPoint presentation (on file in the Office of the City Clerk).
SDG&E Public Affairs Manager for North Coast Communities Joe Gabaldin said a few
words.
SDG&E Director of Public Affairs Brittany Applestein Syz said a few words.
Vice President of Asset Management with NRG Eric Leuze said a few words.
In response to an inquiry from Council Member Acosta, Deputy City Manager Community
Services Barberio explained that the agreement was entered into in Jan. 2014 and worked
diligently for a couple of years to find an offsite location. Deputy City Manager Community
Barberio explained that approximately two years ago, Council was approached with the
Shoppes at Carlsbad idea. He further explained that in Aug. 2022 it was concluded that the
Shoppes site was not feasible and since then staff has been meeting with SDG&E and NRG
every other week.
In response to an inquiry from Council Member Acosta, Deputy City Manager Community
Services Barberio explained that approximately one dozen sites were in SDG&E’s criteria, that
criteria being city limit to city limit and no further east of El Camino Real, and were considered
but rejected for various reasons and many of those sites are no longer available.
In response to an inquiry from Council Member Bhat-Patel, Deputy City Manager Community
Services Barberio explained that he does not expect there to be more feasibility for the
service center site, option three, and believes the on-site relocation is the only feasible
alternative that is left. Deputy City Manager Community Services Barberio further explained
Nov. 15, 2022 Carlsbad City Council Regular Meeting Page 7
that once there is an agreement between SDG&E, NRG and the City, it will take approximately
one year to prepare an application and another year in processing to a decision in the
California Public Utilities Commission.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel directing staff
to discontinue efforts to include Lot 11 in the city’s negotiations with San Diego Gas & Electric
Company and NRG Energy, and to return to the City Council for further direction on March 7,
2023, or sooner. Motion carried, 4/0/1 (Norby – Abstain).
14. LOCAL ROADWAY SAFETY PLAN – Adoption of Resolution No. 2022-265 adopting the City of
Carlsbad Local Roadway Safety Plan. (Staff contact: John Kim, Public Works Department)
City Manager’s Recommendation: Adopt the resolution.
City Traffic Engineer John Kim reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2022-265. Motion carried unanimously, 5/0.
15. ECONOMIC AND FINANCIAL UPDATE FOR THE FIRST QUARTER OF FISCAL YEAR 2022-23 –
Received a report on the economic and financial update for the first quarter of fiscal year
2022-23 and provide direction as appropriate. (Staff contact: Zach Korach, Administrative
Services Department)
City Manager’s Recommendation: Receive the report and provide direction, as
appropriate.
Economic Development Manager Matt Sanford and Finance Director Zach Korach presented
the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Norby, Finance Director Korach explained
that a residents property tax bill is approximately 1% of which amount, the City gets 11% and
generates approximately $78 million in yearly property tax revenues. Finance Director Korach
further explained that the assessed tax on goods is 7.75 % of which Carlsbad receives 1% and
the Transient Occupancy Tax is 100% localized and the city keeps 100% of it.
In response to an inquiry from Council Member Acosta, Finance Director Korach explained
that The Crossings at Carlsbad’s current outstanding balance of $55 million dollars was
written off, but not forgiven. Finance Director Korach further explained there is an intent
from the golf course to repay the money to the General Fund and they are putting together
a reserve policy that will provide guidelines to determine how surplus and reserve funds are
to be used within the golf course.
Nov. 15, 2022 Carlsbad City Council Regular Meeting Page 8
In response to an inquiry from Council Member Bhat-Patel, Economic Development Manager
Sanford explained that the Carlsbad business community is working with individuals through
educational partners to provide training programs to get people into jobs.
In response to an inquiry from Mayor Pro Tern Blackburn, Finance Director Korach explained
that the quarters that property taxes are received are November, December and April.
Council received the report.
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.
ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the
community regarding events that Members of the City Council have been invited to, and may
participate in.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 7:10 p.m.
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Ana Marie Alarcon, CMC
Deputy City Clerk