HomeMy WebLinkAbout2023-04-04; City Council; Minutes Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Blackburn announced that the City
Council is serving as the City Council and the Carlsbad Municipal Water District Board of Directors
on Consent Calendar Item No. 2, and as the Community Development Commission on Public
Hearing Item No. 6.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Council Member Burkholder led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Special Meeting held March 7, 2023
Minutes of the Regular Meeting held March 7, 2023
Minutes of the Special Meeting held March 21, 2023
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the
minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS:
Proclamation in recognition of Earth Month
Mayor Pro Tem Bhat-Patel read the proclamation and Senior Program Manager Avecita Jones
said a few words.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None.
PUBLIC COMMENT:
Mike Borrello spoke regarding diversity, equity and inclusion.
Glenn Bernard spoke regarding continuing to fight against new spending and new taxes.
Dr. Dorota Pearson expressed her concerns with cars being parked overnight in her neighborhood
and the need to pick up trash left after late night parties.
Krisha spoke regarding a letter that was posted on NextDoor.
Jaden Pritting requested a stop sign on Madison Street and Grand Avenue to make it a 4-way
stop.
Adam Brutacao spoke regarding the four flood incidents that have happened in his Canterbury
neighborhood.
April 4, 2023, 5 p.m.
CITY COUNCIL
Minutes
April 4, 2023 Carlsbad City Council Regular Meeting Page 2
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 through 5, to include the City Attorney changes in Item No. 2 to the
resolution signature blocks changing City Manager/Executive Manager to the City Council and
the Water District to approve the policies. Motion carried unanimously, 5/0.
1. ACCEPTANCE OF BIDS, FINDING OF NON-RESPONSIVE BID SUBMITTED BY DB PIPELINE, INC.
AND AWARD OF CONTRACT TO CCL CONTRACTING, INC. FOR CONSTRUCTION OF THE KELLY
DRIVE SEWER REPLACEMENT PROJECT (CIP PROJECT NO. 5548-A) – Adoption of Resolution
No. 2023-097 accepting bids, determining the bid submitted by DP Pipeline, Inc. to be non-
responsive, and awarding a construction contract to CCL Contracting, Inc. for construction of
the Kelly Drive Sewer Replacement Project No. 5548-A, in an amount not to exceed $770,890.
(Staff contact: Dave Padilla and Neil Irani, Public Works Department)
Glenn Bernard spoke regarding his concerns regarding the painted roundabouts on Kelly Drive
and Kelly School, and the noise the jack hammering this project would cause.
2. POLICY PRIORITIZING SEWER AND WATER SERVICE CONNECTIONS FOR PROPOSED
DEVELOPMENTS THAT INCLUDE HOUSING UNITS AFFORDABLE TO LOWER-INCOME
HOUSEHOLDS – 1) Adoption of Resolution No. 2023-098 authorizing the City Manager to
approve a policy to prioritize sewer services for proposed developments that include housing
units affordable to lower-income households; and
2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1702
authorizing the Executive Manager to approve a policy to prioritize water services for
proposed developments that include housing units affordable to lower-income households.
(Staff contact: Dave Padilla and Daniel Zimny, Public Works Department)
City Attorney Cindie McMahon announced the correction that was made to the signature
blocks on the resolutions changing City Manager/Executive Manager to the City Council and
the Water District to approve the policies.
3. REPLACEMENT ITEMS TO BE PURCHASED WITH FISCAL YEAR 2022 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS – Adoption of Resolution No. 2023-099
authorizing the City Manager to accept the replacement items to be purchased with Fiscal
Year 2022 Edward Byrne Memorial Justice Assistance Grant Funds. (Staff contact: Amanda
Baker, Police Department)
4. RELEASE OF CLAIMS REGARDING THE ROSEMARY FALKENSTEIN TRUST – Adoption of
Resolution No. 2023-100 waiving and relinquishing any right to contest or object to the
actions of the trustee of the Rosemary Falkenstein Trust. (Staff contact: Suzanne Smithson,
Community Services Department)
5. CITY OF CARLSBAD FISCAL YEAR 2021-22 ANNUAL FINANCIAL AUDIT RESULTS – Received a
report on the city’s fiscal year 2021-22 annual financial audit results. (Staff contact: Roxanne
Muhlmeister, Administrative Services Department)
April 4, 2023 Carlsbad City Council Regular Meeting Page 3
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING:
6. CARLSBAD HOUSING AGENCY 2023-24 PUBLIC HOUSING AGENCY ANNUAL PLAN AND
REVISED ADMINISTRATIVE PLAN – 1) Adoption of Community Development Commission
Resolution No. 559 approving the City of Carlsbad’s 2023-24 Annual Public Housing Agency
Plan for submission to the U.S. Department of Housing and Urban Development; and
2) Adoption of Community Development Commission Resolution No. 560 approving the
Carlsbad Housing Agency’s revised Administrative Plan for the Housing Choice Voucher Rental
Assistance Program. (Staff contact: Christian Gutierrez, Community Services Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the
resolutions.
Housing & Homeless Services Director Mandy Mills and Senior Program Manager Christian
Gutierrez reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 5:32 p.m.
Julie Ajdour requested that priority be given to displaced residents of low income housing as
they may wish to come back to Carlsbad when possible.
Hearing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing
at 5:33 p.m.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Community Development Commission Resolution No. 559 and Community Development
Commission Resolution No. 560. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. DECLARATION OF A STORM RELATED LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE ON
HAYMAR DRIVE – Adoption of Resolution No. 2023-101 confirming the City Manager’s
Declaration of a Local Emergency for repair of a sinkhole in the area of Haymar Drive. (Staff
contact: Tom Frank and Vicki Quiram, Public Works Department)
City Manager’s Recommendation: Adopt the resolution.
Transportation Director Tom Frank reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
In response to Mayor Blackburn’s inquiry, Transportation Director Frank explained that the
sinkhole is part of the sinkhole issues on Highway 78.
April 4, 2023 Carlsbad City Council Regular Meeting Page 4
In response to Council Member Acosta’s inquiry, Transportation Director Frank explained that
the funds for the repair of the sinkhole will come from a Capital Improvement Program
project for the storm drain infrastructure.
In response to Council Member Burkholder’s inquiry, Transportation Director Frank explained
that the city will be looking for funding opportunities tied to the emergency response.
Council Member Luna expressed her appreciation for the Transportation Department and
City Attorney Department for their hard work on the declaration of emergency.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-101. Motion carried unanimously, 5/0.
8. CITY FINANCIAL STATUS UPDATE – 1) Receive a report on city finances, funding challenges,
and funding options; and
2) Provide feedback and direction to staff. (Staff contact: Laura Rocha and Zach Korach,
Administrative Services Department)
City Manager’s Recommendation: Receive the report and provide direction to staff.
City Manager Scott Chadwick and Finance Director Zach Korach reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mike Borrello requested that no new tax be implemented.
Krisha expressed her concerns with spending relating to outlawing Styrofoam, developing a
new equity department, discussing a tree stump that could be art, and the issues of
homelessness.
Jan Neff-Sinclair expressed her concern regarding a sales tax increase, adding that less than
900 people were included in the survey.
In response to Mayor Pro Tem Bhat-Patel’s inquiry, Finance Director Korach explained that
Transient Occupancy Tax has not been increased since 1990.
In response to Mayor Pro Tem Bhat-Patel’s inquiry about the sales tax poll given to the
residents, Intergovernmental Affairs Director Jason Haber explained that the poll was a
random sample of 894 registered voters that were determined likely to participate in the
November 2022 election, and that recruitment was gathered by email, text and telephone,
and data collection was done by telephone and online conducting 17 minute interviews with
an overall margin of error of 3.3%. He also explained that the demographics used were length
of residence, gender, child and home ownership, as well as age and party affiliation.
In response to Mayor Pro Tem Bhat-Patel’s inquiry, Finance Director Korach explained that
fiscal year 2022 ended with 59% or $109 million dollars in reserves.
April 4, 2023 Carlsbad City Council Regular Meeting Page 5
In response to Council Member Acosta’s inquiry, Finance Director Korach explained that in
January 2022, inflation in San Diego County was 8%, as of January 2023 it was 6.4%, and as of
January 2021 it was 1.7%.
In response to Council Member Acosta’s inquiry, Intergovernmental Affairs Director Haber
explained that the survey was conducted between March 11 and March 17, 2022.
In response to Council Member Acosta’s inquiry, Intergovernmental Affairs Director Haber
explained that the survey question about raising the sales tax vs. cannabis in Carlsbad was
not presented as an either/or, but they sampled questions on both topics but independent
of one another.
Council Member Burkholder explained that she looked back at the survey and that 23% said
yes to a sales tax increase, 34% said probably yes, and 19% said no to an increase. She also
explained that 23% is not the majority of residents which is what was called out in the staff
report.
Council Member Burkholder pointed out that in the last 12 years, staff has increased by 18%
with the population increasing by 10.5%, not including part-time employees. She also
expressed that the increase of staff is part of the structural deficit and includes hiring people
that the city may not need. Council Member Burkholder also expressed that there are a total
of 107 management positions being paid a minimum of $112,000 per year and that the city
needs to live within the city’s means.
In response to Council Member Luna’s inquiry, Finance Manager Korach explained that the
CalPERS pension debt outstanding is $100 million as of June 30, 2021. He also explained that
establishing a Section 115 Trust is another option to be able to maintain local control over
the money.
In response to Council Member Luna’s inquiry, City Manager Chadwick explained that City
Council could direct staff to research one or all options, including increasing efficiency,
charging the true cost of services, decreasing services or asking the voters to raise revenue,
and to bring back findings at a later date. City Manager Chadwick explained that it would be
the people of Carlsbad who would vote for any tax increases in the November 2024 election.
In response to Mayor Blackburn’s inquiry, City Manager Chadwick explained that being
employees under the management classification does not mean that they manage other
employees, but it does mean that they are at-will employees. He also explained that these
management employees are tied to a particular program or project. City Manager Chadwick
further clarified that, if given direction by the City Council to make reductions, the safety of
Carlsbad residents would not be jeopardized by reducing Fire & Safety staff.
City Council received the report.
April 4, 2023 Carlsbad City Council Regular Meeting Page 6
Minute Motion by Mayor Blackburn, second by Mayor Pro Tern Bhat-Patel, directing staff to
bring back an item with more information regarding a Transient Occupancy Tax increase,
including the cost and timeline of placing it on the ballot. Motion carried unanimously, 5/0.
COUNCIL REPORTS AND COMMENTS: Mayor Blackburn 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.
Wednesday, April 5, 2023 -8:30 a.m. -10 a.m.
City of Carlsbad Fire Department Promotions & Recognition Ceremony
Fire Station 5
2540 Orion Way
Carlsbad, CA
Saturday, April 8, 2023 -8 a.m. -12 p.m.
Carlsbad Chamber of Commerce Green Business Expo
Carlsbad Chamber of Commerce
5934 Priestly Dr.
Carlsbad, CA
CITY MANAGER COMMENTS: City Manager Chadwick spoke about several Earth Month events.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 7:35 p.m.
Tamara R. McMinn, CPMC, CMC
Senior Deputy City Clerk