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Home My WebLink About2023-04-11; City Council; Minutes (2) 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: None. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bhat-Patel led the Pledge of Allegiance. PRESENTATIONS: Proclamation in recognition of National Library Week Council Member Burkholder read the proclamation. Deputy Library Director Sheila Crosby and Deputy Library Director Katie Nye accepted the proclamation and said a few words. Proclamation in recognition of Arbor Week Council Member Luna read the proclamation. Parks Superintendent Ariel De La Paz and Regional Urban Forester Marco DeAnda accepted the proclamation and said a few words. APPROVAL OF MINUTES: Minutes of the Regular Meeting held March 14, 2023 Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta to approve the minutes as presented. Motion carried unanimously, 5/0. PUBLIC COMMENT: Diane Lech expressed her concerns with the currently proposed state housing legislation. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon announced there was no reportable action. CONSENT CALENDAR: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 2, 3, 4, 5, 6 and 7. Motion carried unanimously, 5/0, with the exception of Item No. 5, 4/0/1 (Luna – Abstain). Item No. 1 was pulled by the City Council for discussion. 1. UPDATE TO CITY COUNCIL POLICY STATEMENT NO. 88 – BOARD, COMMISSION AND COMMITTEE MEMBER APPOINTMENTS – Adoption of a resolution approving City Council Policy Statement No. 88 updates to the Board, Commission and Committee Member application, interview and appointment process. (Staff contact: Faviola Medina, City Clerk Department) April 11, 2023, 5 p.m. CITY COUNCIL Minutes April 11, 2023 Carlsbad City Council Regular Meeting Page 2 2. REPORT ON CITY INVESTMENTS AS OF FEBRUARY 28, 2023 – Accept and file Report on City Investments as of February 28, 2023. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) Item No. 3 was pulled by Council Member Luna for discussion. 3. TERMS OF USE WITH THE ALLIANCE FOR SUSTAINABLE ENERGY, LLC FOR PARTICIPATION IN A PROGRAM TO EXPEDITE RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS – Adoption of a resolution approving the terms of use with Alliance for Sustainable Energy, LLC for participation in a program using the SolarAPP+ web tool for expediting the issuance of residential solar energy permits. (Staff contact: Doug Kappel, Administrative Services Department and Jason Pasiut, Community Services Department) 4. FISCAL YEAR 2022 STATE HOMELAND SECURITY PROGRAM GRANT – Adoption of Resolution No. 2023-104 accepting grant funds for fiscal year 2022 State Homeland Security Program, authorizing the City Manager to execute standard assurances, and appropriating $77,848 to the Public Safety Special Revenue Fund. (Staff contact: Kim Young, Fire Department) 5. PROFESSIONAL SERVICES AGREEMENT WITH SCHMIDT DESIGN GROUP FOR DESIGN SERVICES FOR ROBERTSON RANCH COMMUNITY PARK – Adoption of Resolution No. 2023-105 authorizing a professional services agreement with Schmidt Design Group for Design Services for Robertson Ranch Community Park, in a total not-to-exceed amount of $1,250,000, including $595,000 in the initial two-year term. (Staff contact: Todd Reese, Community Services Department) Council Member Luna recused herself from Consent Calendar Item No. 5 due to a conflict of interest, as she has property adjacent to Robertson Ranch Community Park. 6. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE 2023 CONCRETE REPAIR PROJECT, CIP PROJECT NO. 6013-23 – Adoption of Resolution No. 2023-106 approving the plans, specifications and contract documents and authorizing the City Clerk to advertise for bids for the 2023 Concrete Repair Project as part of the Concrete Repair/Replacement Program. (Staff contact: Eric Zielke and Hossein Ajideh, Public Works Department) 7. CONTINUATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE ON HAYMAR DRIVE – Adoption of Resolution No. 2023-107 continuing the declaration of a storm-related local emergency for repair of a sinkhole in the area of Haymar Drive. (Staff contact: Tom Frank and Vicki Quiram, Public Works Department) CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION: Item No. 1 was pulled by the City Council for discussion. 1. UPDATE TO CITY COUNCIL POLICY STATEMENT NO. 88 – BOARD, COMMISSION AND COMMITTEE MEMBER APPOINTMENTS – Adoption of Resolution No. 2023-102 approving City Council Policy Statement No. 88 updates to the Board, Commission and Committee Member application, interview and appointment process. (Staff contact: Faviola Medina, City Clerk Department) April 11, 2023 Carlsbad City Council Regular Meeting Page 3 Hope Nelson expressed her concerns with changes proposed in the update. Council Member Luna made the suggestion to insert the language “City Council Members will identify their nominees and the entire City Council will then have an opportunity to discuss them” and “the recommending City Council Member will nominate their recommended appointee.” In response to an inquiry from Council Member Acosta, City Clerks Services Manager Faviola Medina explained that Boards and Commissions vacancy notices are currently posted online, at City Hall, at the city libraries and at the Faraday Administration Center. Director of Legislative & Constituent Affairs Sheila Cobian added that the display case at Faraday is small and does not fit all the currently required postings. In response to an inquiry from Council Member Acosta, City Clerks Services Manager Medina explained that drafting a matrix for a typical recruitment could take up to 6 hours, depending on the recruitment and the number of applicants. She added that they are currently working on finding ways to automate the process. In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Attorney McMahon recommended the word “transparent” be added under the Purpose section of the policy to read “To develop a formal and transparent process for the City Council to review applications and interview applicants to serve on the City’s Boards, Commissions and Committees.” Motion by Council Member Luna seconded by Mayor Blackburn, to adopt Resolution No. 2023-102 with the following amendments to the policy: • Under the purpose line insert “to develop a formal and transparent process” • Add language to include “City council members will identify nominees and the entire city council may have an opportunity to discuss and ask clarifying questions.” • Reinstate bullet #6 Motion carried unanimously, 5/0. Item No. 3 was pulled by Council Member Luna for discussion. 3. TERMS OF USE WITH THE ALLIANCE FOR SUSTAINABLE ENERGY, LLC FOR PARTICIPATION IN A PROGRAM TO EXPEDITE RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS – Adoption of Resolution No. 2023-103 approving the terms of use with Alliance for Sustainable Energy, LLC for participation in a program using the SolarAPP+ web tool for expediting the issuance of residential solar energy permits. (Staff contact: Doug Kappel, Administrative Services Department and Jason Pasiut, Community Services Department) In response to an inquiry from Council Member Luna, City Attorney McMahon confirmed the Terms of Use contained in the item is the contract they are seeking approval on. April 11, 2023 Carlsbad City Council Regular Meeting Page 4 In response to an inquiry from Council Member Luna, Information Technology Director Maria Callander explained that there is no current cost to the city for this program, with the exception of staff hours needed to configure the system with internal operations. In response to an inquiry from Council Member Luna, Information Technology Director Callander explained that other cities are also having to comply with this mandate. Community Development Director Jeff Murphy added that the vendor was selected by the U.S. Department of Energy and other states are also beginning to work with Alliance for Sustainable Energy, LLC. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 2, 3, 4, 5, 6 and 7. Motion carried unanimously, 5/0, with the exception of Item No. 5, 4/0/1 (Luna – Abstain). ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: Item No. 9 was heard before Departmental and City Manager Reports Item No. 8. 9. MAYORAL APPOINTMENT OF ONE MEMBER TO THE PLANNING COMMISSION – Adoption of Resolution No. 2023-108 appointing one member to the Planning Commission. (Staff contact: Tammy McMinn, City Clerk Department) City Manager’s Recommendation: Adopt the resolution. Motion by Mayor Blackburn to adopt Resolution No. 2023-108 appointing David Hubinger to the Planning Commission. Motion carried, 4/1 (Luna – No). Item No. 8 was heard following Departmental and City Manager Reports Item No. 9. 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 – 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 April 11, 2023 Carlsbad City Council Regular Meeting Page 5 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. (Staff contact: Kyle Lancaster, Community Services Department) City Manager’s Recommendation: Consider the request and provide direction to staff as appropriate. Parks & Recreation Director Kyle Lancaster presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Kathleen Steindlberger expressed her thoughts on groins and the impact on our beaches. In response to an inquiry from Mayor Pro Tem Bhat-Patel, Parks & Recreation Director Lancaster explained that city staff plan to participate in public engagement opportunities, outside of the jury and advisory board, offered by the City of Oceanside regarding this project. In response to an inquiry from Council Member Acosta, Parks & Recreation Director Lancaster explained that he is aware the City of Del Mar was also asked to be part of the jury and they appointed a member to serve. In response to an inquiry from Mayor Blackburn, Parks & Recreation Director Lancaster explained that to move forward with this project, the City of Oceanside will need Coastal Commission approval and the City of Carlsbad would have the opportunity to voice opposition to the project through that process. In response to an inquiry from Mayor Blackburn, Parks & Recreation Director Lancaster explained that the City of Carlsbad has currently declined participation in both the jury and the advisory panel, and because they are not public meetings, we currently do not have opportunity to observe what is being discussed in the meetings. Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, to decline the City of Oceanside’s 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 Projects Design Competition review, and ask the City of Oceanside if the City of Carlsbad can send a staff member as a spectator – 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. April 11, 2023 Carlsbad City Council Regular Meeting Thursday, April 13, 2023 S -8 p.m. Graze at the Fields Event Carlsbad Flower Fields 5704 Paseo Del Norte Carlsbad, CA 92008 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. Page 6 ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 6:27 p.m. Kaylin McCauley Deputy City Clerk