HomeMy WebLinkAbout2023-04-11; City Council; ; Request for a Carlsbad City Council Member and a City Staff Member to Participate in the City of Oceanside’s Sand Nourishment and Retention Pilot Project Design CompetitiCA Review __AF__
Meeting Date: April 11, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kyle Lancaster, Parks & Recreation Director
kyle.lancaster@carlsbadca.gov, 442-339-2941
Subject: Request for a Carlsbad City Council Member and a City Staff Member to
Participate in the City of Oceanside’s Sand Nourishment and Retention
Pilot Project Design Competition Review
District: All
Recommended Action
Consider a request for a Carlsbad City Council Member and a city staff member to participate as
voting jurors or as non-voting advisory panelists in the City of Oceanside’s Sand Nourishment
and Retention Pilot Project Design Competition review, and act to either:
1.Decline the City of Oceanside’s request for a Carlsbad City Council Member or a city staff
member to participate in the pilot project’s design competition review, or
2.Direct staff to return with an item to rescind or amend Carlsbad City Council Resolution
No. 2022-011, and appoint a City Council Member to participate as a juror or advisory
panelist for the pilot project’s design competition review, and/or
3.Direct staff to return with an agenda item to rescind or amend Carlsbad City Council
Resolution No. 2022-011, which would allow the City Manager the discretion to appoint
a city staff member to participate as a juror or as an advisory panelist for the pilot
project’s design competition review, or
4.Provide other direction to staff as appropriate
Executive Summary
The City of Oceanside’s Coastal Zone Administrator has requested that a Carlsbad City Council
member and city staff member participate as a voting juror or a non-voting advisory panelist in
the design competition for Phase 2 of Oceanside’s Sand Replenishment and Retention Project.
The Carlsbad City Council has stated its opposition to constructing devices that could interfere
with the natural flow sand into Carlsbad, as this project has the potential to do.
Carlsbad staff are providing further information on the City of Oceanside’s Sand Replenishment
and Retention Project and the corresponding request for the City of Carlsbad’s participation.
April 11, 2023 Item #8 Page 1 of 10
Explanation & Analysis
Timeline
Jan. 19, 2023 - Oceanside’s Coastal Administrator emailed Carlsbad staff with a link to the
published agenda packet for the Oceanside City Council meeting on Jan. 25, 2023. The Coastal
Administrator provided this summary of the Oceanside City Council meeting agenda item on
this project:
Staff is recommending that Oceanside move forward with the Phase 2 contract
which will 1) determine an improved sand source for beach nourishment, likely
to be found off our shore within tidelands trusted to the City by State Lands
Commission in 1963; and 2) design a pilot retention structure that will mimic
natural sand retention, inviting innovation into the design by way of a design
competition. The design competition is structured so that our prime engineering
consultant, GHD, Inc., will devise strict design criteria and objectives, but allow
firms to meet those objectives in a myriad of engineering and architectural
ways… I am expecting that some kind of artificial reef or headland could be one
of the three design options. These options will be reviewed through an extensive
public and regional outreach program, as well as by a Jury/Steering Committee.
We anticipate the Jury/Steering Committee to be comprised of representatives
from different silos, interests and expertise in the community and region.
Jan. 20, 2023 - Carlsbad staff sent an email to the Oceanside Coastal Administrator stating that
the Carlsbad City Council’s statement of opposition to constructing devices that could interfere
with the natural flow sand into Carlsbad remained unchanged (City Council Resolution No.
2022-011, included as a part of Exhibit 1).
Jan. 23, 2023 - The Oceanside City Manager and the Oceanside Coastal Administrator met with
the Carlsbad City Manager, the Carlsbad Deputy City Manager for Community Services and
staff. The Oceanside Coastal Administrator committed to continuously involving the Carlsbad
community and staff throughout the public and regional outreach program for this project.
Jan. 25, 2023 - The Oceanside City Council approved (4-1, with Mayor Sanchez dissenting) a
professional services agreement with GHD, Inc., in the amount of $2,591,681, for consultant
services in support of Phase 2 of the Sand Nourishment and Retention Project.
Feb. 9, 2023 – Carlsbad city staff distributed a City Council memorandum with a detailed update
on the City of Oceanside’s planned sand replenishment project. (Exhibit 1).
March 6, 2023 - The Oceanside Coastal Administrator requested, via email, that a Carlsbad City
Council Member and city staff member participate as voting jurors or as non-voting advisory
panelists in the pilot project’s design competition review. In those emails, the Oceanside
Coastal Administrator stated:
Our Phase 2 Project will involve a Design Competition to determine the most
appropriate, efficient and beneficial retention structure for the region and
Oceanside’s coastline. Your participation is requested in this process due to your
expertise in the subject matter and interest in the resiliency of Oceanside’s
coastline.
April 11, 2023 Item #8 Page 2 of 10
Attached to the emails was a form, titled City of Oceanside Sand Nourishment and Retention
Pilot Project Design Competition – Jury Solicitation (Exhibit 2). That form states in part:
Background - The Design Competition Jury will consist of 6-7 voting members
from various sectors and interest groups and is intended to reflect the
community, regional and stakeholder interests in the implementation of a pilot,
sand retention project. Additionally, 3-5 non-voting, advisory members will also
be invited to participate. Three design teams will be selected to compete in this
process with hopes of sparking innovative ideas to solve a decades long problem
of coastal erosion and regional disagreement on the best path forward. The
purpose of the Design Competition Jury is primarily to represent your industry or
stakeholder group’s interest and provide formal input on the work submitted by
design teams.
Juror Requirements & Compensation - Design Competition Voting Jurors are
expected to be free of conflicts of interest and to be able to provide an unbiased
review of materials produced during the design competition. Participation on the
Design Competition Jury is anticipated to require commitment to the following
events:
• Participate in Jury orientation (1.5 hours) – April 2023
• Review of Design Team Materials (Design Brief, RFP for Professional Design
Services, etc.) (2 hours) - April 2023
• Participate in one of three Public Workshops – May 2023–October 2023
• Participate in…Competition presentation from 3 Firms (2 hours) – November
2023
o Debrief and Discussions following Presentation (2 hours) - November
2023
• Provide evaluation of submitted Design Team Pilot-Project Concept Designs
& Vote on Preferred Design (3 hours)–December 2023
o Non-voting jurors will also be invited to join the Design Competition
Jury to be inclusive of a variety of perspectives related envisioning
Oceanside’s coastal future. Non-voting jurors will be chosen for their
knowledge of a specific area that may contribute the overall selection
process.
Juror Application - The Project Team is sending out targeted invites to individuals
who fit the designation juror categories.
March 15, 2023 - Completed applications were due to the City of Oceanside, with a caveat that
applications would be accepted and reviewed on a rolling basis.
March 24, 2027 - Carlsbad staff emailed the Oceanside Coastal Administrator, advising:
Carlsbad staff will not be participating in this process, either as a voting juror or
as a non-voting advisor. We will, however, still monitor the public information
available on the progress of the project. Please also continue to provide us with
periodic updates and any significant changes to the project.
April 11, 2023 Item #8 Page 3 of 10
March 27, 2023 - The Oceanside Coastal Administrator again requested that a Carlsbad City
Council Member participate in the pilot project’s design competition review. The email from
the Coastal Administrator states in part:
It would be great to have your representation as a voting or non-voting member
of our Jury for our Phase 2 Sand Nourishment and Retention Pilot Project.
Participating in our Jury will give you a chance to directly weigh in on the designs
for our Pilot Project with any regional concerns. This is true collaboration, and it
would be really great to work with you on this.
Factors to consider
Oceanside staff have explained that they do not intend for the project’s design competition
review jury or panel to be a body subject to the Ralph M. Brown Act. However, formal action by
the City Council to appoint persons to the panel or jury could inadvertently contribute to the
creation of a legislative body that must comply with requirements of the Ralph M. Brown Act.
For either a Carlsbad City Council Member or city staff member to meet Oceanside’s eligibility
criteria to participate as a juror or as an advisory panelist in the Sand Nourishment and
Retention Pilot Project Design Competition review, rescinding or amending Carlsbad City
Council Resolution No. 2022-011 may be necessary to minimize real or perceived bias or
conflict of interest. As noted above, that resolution expresses a statement of opposition to
constructing devices that could interfere with the natural flow sand into Carlsbad. However, the
jury would be tasked with reviewing the various proposals for sand nourishment and retention
and scoring them against a set of criteria established by Oceanside’s project team.
The City of Oceanside Sand Nourishment and Retention Pilot Project Design Competition – Jury
Solicitation form states in part:
Juror Requirements & Compensation - Design Competition Voting Jurors are
expected to be free of conflicts of interest and to be able to provide an unbiased
review of materials produced during the design competition.
Without rescinding or modifying the resolution, a Carlsbad City Council Member or city staff
member on the jury could be faced with the task of voting on an Oceanside sand nourishment
and retention project that conflicted with Carlsbad City Council Resolution No. 2022-011, thus
presenting a source of bias or conflict of interest.
Fiscal Analysis
There is no direct fiscal impact associated with staff’s recommended action, although two of
the options require investment of the appointed City Council member’s or staff member’s time.
Options
Staff have identified the following options for the City Council’s consideration:
1. Decline the City of Oceanside’s request for a Carlsbad City Council Member or a city staff
member to participate in the pilot project’s design competition review.
2. Direct staff to return with an item to rescind or amend Carlsbad City Council Resolution
No. 2022-011, and appoint a City Council Member to participate as a juror or advisory
panelist for the pilot project’s design competition review.
April 11, 2023 Item #8 Page 4 of 10
3. Direct staff to return with an item to rescind or amend Carlsbad City Resolution No.
2022-011, which would allow the City Manager the discretion to appoint a city staff
member to participate as a juror or as an advisory panelist for the pilot project’s design
competition review.
4. Provide other direction to staff as appropriate.
Next Steps
Staff will carry out the direction provided by the City Council.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. Carlsbad City Council memorandum, dated Feb. 9, 2023 (on file in the Office of the City
Clerk)
2. Oceanside Sand Nourishment & Retention Project, Design Competition – Jury Solicitation
April 11, 2023 Item #8 Page 5 of 10
Exhibit 1
Carlsbad City Council memorandum, dated Feb. 9, 2023
(on file in the Office of the City Clerk)
April 11, 2023 Item #8 Page 6 of 10
Sand Nourishment & Retention Pilot Project
Design Competition – Jury Solicitation
Background
The City of Oceanside in partnership with GHD and Resilient Cities Catalyst is soliciting applications to
participate on the Design Competition Jury for the Oceanside Sand Nourishment and Retention Pilot
Project. The Design Competition Jury will consist of 6-7 voting members from various sectors and
interest groups and is intended to reflect the community, regional and stakeholder interests in the
implementation of a pilot, sand retention project. Additionally, 3-5 non-voting, advisory members will
also be invited to participate. Three design teams will be selected to compete in this process with hopes
of sparking innovative ideas to solve a decades long problem of coastal erosion and regional
disagreement on the best path forward. The purpose of the Design Competition Jury is primarily to
represent your industry or stakeholder group’s interest and provide formal input on the work submitted
by design teams.
Juror Requirements & Compensation
Design Competition Voting Jurors are expected to be free of conflicts of interest and to be able to
provide an unbiased review of materials produced during the design competition. Participation on the
Design Competition Jury is anticipated to require commitment to the following events:
•Participate in Jury orientation (1.5 hours) – April 2023
•Review of Design Team Materials (Design Brief, RFP for Professional Design Services, etc.) (2
hours) - April 2023
•Participate in one of three Public Workshops – May 2023 – October 2023
•Participate in Design Competition presentation from 3 Firms (2 hours) – November 2023
o Debrief and Discussions following Presentation (2 hours) - November 2023
•Provide evaluation of submitted Design Team Pilot-Project Concept Designs & Vote on Preferred
Design (3 hours) – December 2023
Non-voting jurors will also be invited to join the Design Competition Jury to be inclusive of a variety of
perspectives related envisioning Oceanside’s coastal future. Non-voting jurors will be chosen for their
knowledge of a specific area that may contribute the overall selection process.
Jury Categories, Voting & Non-Voting:
The following categories are being considered to represent the voting and non-voting members of the
juror.
Exhibit 2
April 11, 2023 Item #8 Page 7 of 10
Voting
Category Description
Coastal Management
Expert
As Design Teams consider innovative interventions, they will confront in-
water and nearshore structures that will have, for the benefits of sand
retention, impacts on the geomorphology of the coast. The “Coastal
Management Expert” is an academic and/or a practitioner with an
advanced degree, body of work, and research on coastal sediment
processes, including a comprehensive understanding of geomorphology.
This person is expected to bring expertise to the proposed designs that
takes into consideration the impacts to the nearshore coastal dynamics.
Permitting Viability
Expert
The permitting processes in California are strenuous and nuanced, the
“Permitting Viability Expert” is an academic and/or practitioner who has
direct experience navigating various coastal project permitting processes
and viability studies in the State of California. Through the lens of permitting,
this person is expected to provide feedback on the potential barriers to
implementation, as well as considerations in the design for ease in
permitting.
Surf Resource
Preservation
Surfing is an extremely popular recreational activity along Oceanside’s
four-mile shoreline due to the consistency of surf and variety of surf
breaks. The preservation of surfing as a recreational resource in the
community of Oceanside is vitally important to its identity and local
economy. Thus, consideration for how the designs may impact or improve
surfing conditions in the City is critically important. This juror is envisioned
to be an experienced, Oceanside surfer, preferably well-traveled, such that
they can apply years of knowledge surfing in various coastal environments
to infer how the designs may work in the City of Oceanside.
Nearshore Marine
Resources Expert
Sand retention strategies and interventions, including nature-based-
solutions, will be developed with the intent to benefit the natural
environment and should demonstrate impactful and effective benefits to
non-human ecosystems. The “Nearshore Marine Resources Expert” is an
academic and/or practitioner with an advanced degree, body of work, and
research on beach ecosystems, nearshore reefs, marine ecosystems and
ecology. This juror is envisioned to apply their knowledge base to the
designs to assist in balancing the projects integration with the nearshore
marine environment.
Coastal City
Representative
Coastal management actions in Oceanside will require the consideration of
coastal communities to the south due to the linked nature of coastal
resources and management within the littoral cell. A “Coastal City
Representative” is a local elected or appointed official from a nearby
coastal community who has demonstrated knowledge and leadership in
coastal resource management in the San Diego region.
Community
Representative
Oceanside has a strong cultural history in North County, San Diego and the
community’s relationship to the beach is fundamental to the experience of
living in Oceanside. The “Community Representative” is an Oceanside
resident who may or may not be represented by a broader community-
based organization and can adequately represent the broad interests of the
community. This person may be a youth leader or advocate.
April 11, 2023 Item #8 Page 8 of 10
Non-Voting
Category Potential Examples
Federal Agency U.S. Army Corps of Engineers, FEMA, NOAA, Navy
State Agency Coastal Commission, RWQCB, CDFW, State Lands Commission
Grant Funders Ocean Protection Council, State Coastal Conservancy, Wildlife Conservation
Board, Division of Boating & Waterways, CDFW, San Diego Foundation
NGOs Surfrider Foundation, Wildcoast, Save the Waves, Audubon, Los Peñasquitos
Lagoon Foundation
Juror Application
The Project Team is sending out targeted invites to individuals who fit the designation juror categories.
Prospective jurors are requested to submit a short resume/bio (max 1 page) and complete the below
questionnaire. Juror applications are due by 5pm PT March 15; however, will be accepted and reviewed
on a rolling basis.
Juror Questionnaire:
Name: _____________________________
Email: _____________________________
Expected Juror Category (i.e. Surf Resource Preservation): _____________________________
What is your relationship with the Oceanside coast?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
In one sentence, what is your vision for the Oceanside coast?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Please provide 1-2 sentences that describe your qualifications to participate as a juror.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Please provide 1-2 sentences that describe why you want to participate as a juror.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
April 11, 2023 Item #8 Page 9 of 10
What, if any, concerns do you have about potentially participating as a juror on this project and
reviewing concepts submitted by Design Teams?
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
From your perspective how much weight should be given to the following pilot-project design criteria
(select one percentage per criteria):
• Technical Performance (stabilizing beach widths): 5%, 10%, 20%, 30%, 40%, 50%, 60%
• Project Cost / Financial (initial construction cost and maintenance costs): 5%, 10%, 20%, 30%,
40%, 50%, 60%
• Environmental Impacts or Benefits: 5%, 10%, 20%, 30%, 40%, 50%, 60%
• Innovative Design Techniques: 5%, 10%, 20%, 30%, 40%, 50%, 60%
• Social Benefits (improved safety and recreational space): 5%, 10%, 20%, 30%, 40%, 50%, 60%
Commitment to remaining fair and honest. I understand that concepts presented within the Design
Competition may diverge from my own beliefs and opinions. Regardless of this, I am committed to
providing a fair and objective evaluation of the designs and will participate in the competitive process in
a professional and constructive way. I commit to disclose any real or perceived conflicts of interest with
the Design Teams, design concepts, and overall project. I declare that the information above is true and
accurate to the best of my knowledge, and I understand that I may be removed from the juror at any
point by the Project Team.
_________________________ _____ _______________
Signature Date
April 11, 2023 Item #8 Page 10 of 10
Ka lin McCaule
From:
Sent:
To:
Subject:
Council Internet Email
Tuesday, April 11, 2023 4:13 PM
City Clerk
FW: Council Agenda# 8
From: Carolyn Krammer <carolnoceanside@cs.com>
Sent: Tuesday, April 11, 2023 3:49 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Council Agenda# 8
~LV-IAA ~ ~ Mr-.JJ,(\J../
. Of--t\\\\i~ 1\-) 2,-p,'(J\,
All Receive -Agenda Item# 9 ,11,.
For the Information of the-;--
CITY COUNCIL
Date1}11t/i,'!> CA_ CC,./
CM_ACM_DCM (3)~
Council Agenda Item 8. REQUEST FOR A CARLSBAD CITY COUNCIL MEMBER AND A CITY STAFF MEMBER
TO PARTICIPATE IN THE CITY OF OCEANSIDE'S SAND NOURISHMENT AND RETENTION PILOT PROJECT
DESIGN COMPETITION REVIEW
Good afternoon Mayor and City Councilmembers, Thank you for allowing us to participate in the item
before you. This is a topic of great concern to all coastal cities on the south drift of Oceanside. As
we all know Sand is a precious resource for all our coastal cities and we should all be allowed to have
nature deposit it in a very natural way. Our sand flow to the south has a direct impact on Carlsbad
our first coastal city to the south. The City of Oceanside has not abandoned its proposal to put groins
and jetties on Oceanside beaches. Hard structures of any kind that stop the natural flow of sand to
the south is not acceptable due to the impacts of our southerly neighbors. If that is what the study
finds, they want you to abandon your concern for your city and go along with it.
Please do not give up your Resolution as it is your right and duty to protect your city beaches.
We support Staffs original e-mail to the Oceanside Coastal Administrator "advising that Carlsbad
staff will not be participating in this process, either as a voting juror or as a non-voting advisor. We
will, however, still monitor the public information available on the progress of the project. "
Please support Option # 1 and decline the City of Oceanside's request and retain your right to protect
your beaches.
Thank you for your time and consideration.
Carolyn Krammer, Chairperson
Citizens for the Preservation of Parks & Beaches
904 Leonard Avenue
Oceanside, CA. 92054
CAUTION: Do not o en attachments or click on links unless ou reco nize the sender and know the content i
Ka lin McCaule
From:
Sent:
To:
Subject:
Council Internet Email
Tuesday, April 11, 2023 4:13 PM
City Clerk
FW: Item #8 -Council Agenda
From: Shari Mackin <bzshari@gmail.com>
Sent: Tuesday, April 11, 2023 3:20 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>; Shari Mackin <bzshari@gmail.com>
Subject: Item #8 -Council Agenda
Honorable Mayor and City Council,
Thank you for your service to the community -Carlsbad is a great place to live and play due to good decisions by City
Council Members.
Tonight you have before you, Item #8, a request to participate in the City of Oceanside's Sand Nourishment and
Retention Pilot Project Design. I would like to ask you to please vote option #1: decline the City of Oceanside's request
for a Carlsbad City Council Member or a city staff member to participate in the pilot project's design competition
review.
Last year, Carlsbad made a commitment to it's community stating Carlsbad was opposed to the installation of
groins/groin field in Oceanside due to the impacts to Carlsbad which would include (to say the least) loss of sand to
Carlsbad during the natural sand movement along the longshore current. I thank you for that commitment to your
residents and our neighbors to the south of Carlsbad.
If you choose any other option listed on the agenda, you will have to rescind last year's vote and statement on groins as
this project does not exclude groins from the study or selection.
Thank you,
Shari Mackin
Former Deputy Mayor, City of Oceanside
!CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i~ !safe.I ·
Participation in Oceanside’s Sand
Nourishment & Retention Pilot
Project Design Competition Review
Kyle Lancaster, Parks & Recreation Director
Parks & Recreation Department
April 11, 2023
{ City of
Carlsbad
TODAY’S PRESENTATION
•Executive Summary
•Competition Review Details
•Recent Timeline
•Brown Act Applicability
•Council Resolution Conflict
•Recommended Action
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
{ City of
Carlsbad
EXECUTIVE SUMMARY
•Staff received Oceanside’s request for Carlsbad City Council member
and a city staff member to participate in the Oceanside Sand
Nourishment and Retention Pilot Project’s Design Competition review
•Carlsbad City Council previously stated its opposition to constructing
devices that could interfere with the natural flow sand into Carlsbad
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
COMPETITION REVIEW -EXPLANATION
•In January 2023, Oceanside staff advised it would be recommending
Oceanside City Council move forward with phase 2 of its project:
1.Determining an improved sand source for nourishment, likely found
off shore within tidelands trusted to city by State Lands Commission
2.Designing a pilot retention structure that will mimic natural sand
retention, inviting innovation into the design by way of a competition
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
COMPETITION REVIEW -EXPLANATION
•Strict design criteria/objectives are to be set, but allow firms to meet
those objectives in a myriad of engineering and architectural concepts
•Concepts are to be reviewed through an extensive public and regional
outreach program, as well as by a jury and an advisory committee
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
COMPETITION REVIEW -JURY
•To consist of 6-7 total voting members from the categories of:
Coastal management expert
Permitting viability expert
Nearshore marine resources expert
Staff resource preservationist
Coastal city representative
Community representative
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
COMPETITION REVIEW -JURY
•Expected to be free of conflicts of interest and to be able to provide an
unbiased review of materials produced during the design competition
•Anticipated to require time commitment of over 10 hours per member
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
COMPETITION REVIEW –ADVISORY PANEL
•To consist of 3-5 total non-voting members from the categories of:
Federal agency
State agency
Grant funder
Non-government organization
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
RECENT TIMELINE
•Jan. 20, 2023 -Carlsbad staff reiterated the City Council’s opposition
•Jan. 23, 2023 –Oceanside staff committed to involving the Carlsbad
community/staff throughout a public and regional outreach program
•Jan. 25, 2023 –Oceanside City Council approved professional services
agreement for phase 2 of the project
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
RECENT TIMELINE
•March 6, 2023 –Oceanside staff requested Carlsbad Council Member
and city staff member participate as jurors or as advisory panelists
•March 24, 2023 –Carlsbad staff advised Oceanside staff it would not
be participating, either as a juror or as an advisory panelist
•March 27, 2023 –Oceanside staff renewed the request
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
FACTOR -BROWN ACT APPLICABILITY
•Oceanside staff does not intend for the project’s design competition
review jury or panel to be a body subject to the Ralph M. Brown Act
•However, action by City Council to appoint persons to jury or panel
could inadvertently contribute to the creation of a legislative body
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
FACTOR -COUNCIL RESOLUTION CONFLICT
•Jurors are to be tasked with reviewing and scoring options for sand
nourishment and retention against criteria established by Oceanside
•Jurors are to be free of conflicts of interest and are to be unbiased
•A City Council Member or staff member on jury could be faced with
voting on concepts that conflict with Council Resolution
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
(city of
Carlsbad
RECOMMENDED ACTION
1.Decline City of Oceanside’s request for a City Council
Member or a city staff member to participate, or
2.Direct staff to return with an item to rescind or
amend Carlsbad City Council Resolution No. 2022-
011, and appoint a City Council Member to
participate as a juror or advisory panelist, and/or
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
{ City of
Carlsbad
RECOMMENDED ACTION
3.Direct staff to return with an agenda item to rescind
or amend Carlsbad City Council Resolution No.
2022-011, which would allow the City Manager the
discretion to appoint a city staff member to
participate as a juror or as an advisory panelist, or
4.Provide other direction to staff as appropriate
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
{ City of
Carlsbad
QUESTIONS AND COMMENTS
Thank you
ITEM 8: PARTICIPATION IN COMPETITION REVIEW
{ City of
Carlsbad