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Home My WebLink About2023-04-18; 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: The City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 8. INVOCATION: None. PLEDGE OF ALLEGIANCE: Council Member Burkholder led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in recognition of Municipal Clerks Week Mayor Blackburn read the proclamation. City Clerk Sherry Freisinger accepted the proclamation and said a few words. Proclamation in recognition of Green Business Program Council Member Acosta read the proclamation. Senior Program Manager Katie Hentrich accepted the proclamation and said a few words. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon announced that there was no reportable action. PUBLIC COMMENT: Helena Thompson with Kids for Peace spoke regarding idle free schools. Naya Perez with Kids for Peace spoke regarding idle free schools. Haven Diaz with Kids for Peace spoke regarding idle free schools. Linda Daniels spoke regarding building electrification. Cameron Ekedal Perez with Kids for Peace spoke regarding idle free schools. Carol Tang with Kids for Peace spoke regarding idle free cars. Ruby Belt spoke regarding gun safety. April 18, 2023, 5 p.m. CITY COUNCIL Minutes April 18, 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 9. Motion carried, 5/0. 1. AGREEMENT WITH WOODSIDE 05S, LP TO PAY THE LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL PROJECT’S FAIR SHARE COST OF IMPROVEMENTS TO RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD – Adoption of Resolution No. 2023-109 approving an agreement between the City of Carlsbad and Woodside 05S, LP to pay the fair share cost of improvements to Rancho Santa Fe Road and Olivenhain Road for the La Costa Town Square Parcel 3 Residential Project (CT 2017-0003). (Staff contact: Roxanne Muhlmeister, Administrative Services Department) 2. SETTLEMENT OF WORKERS' COMPENSATION CLAIMS OF GANNON MASZK – Adoption of Resolution No. 2023-110 authorizing settlement of the Workers’ Compensation claims of Gannon Maszk in the amount of $223,966. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) 3. SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF GREGORY WHITE – Adoption of Resolution No. 2023-111 authorizing settlement of the Workers’ Compensation claim of Gregory White in the amount of $60,320. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) 4. SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF ALEXANDER SHANER – Adoption of Resolution No. 2023-112 authorizing settlement of the Workers’ Compensation claim of Alexander Shaner in the amount of $218,442. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) 5. BUDGET AMENDMENT AND FUNDING TRANSFER FOR REPAIRS AT THE TYLER COURT SENIOR APARTMENT COMPLEX – Adoption of Resolution No. 2023-113 authorizing a budget amendment for necessary repairs at the Tyler Court Senior Apartments and a transfer of $500,000 in funds from the Community Development Block Grant Special Revenue Fund to the Tyler Court Apartment Fund. (Staff contact: Mandy Mills, Community Services Department) Socorro Anderson spoke regarding necessary repairs to the Tyler Court apartments. 6. AWARD OF CONTRACT TO PORTILLO CONCRETE, INC. FOR THE PUBLIC PARKING LOTS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT (CIP PROJECT NOS. 6049, 6052, AND 4090) – Adoption of Resolution No. 2023-114 accepting bids and awarding a contract to Portillo Concrete, Inc. for the Public Parking Lots Americans with Disabilities Act Improvements, Capital Improvement Program Project Nos. 6049, 6052 and 4090, in an amount not to exceed $799,172. (Staff contact: Scott Lyle and Hossein Ajideh, Public Works Department) April 18, 2023 Carlsbad City Council Regular Meeting Page 3 Don Christianson spoke regarding micro-grids. 7. APPROVAL FOR CHANGE ORDER NO. 3 TO THE ACE ELECTRIC, INC. CONTRACT FOR TEMPORARY FIRE STATION 7 (CIP PROJECT NO. 4091) – Adoption of Resolution No. 2023-115 authorizing the City Manager to approve Change Order No. 3 to the Ace Electric, Inc. construction contract for the Temporary Fire Station 7, Capital Improvement Program Project No. 4091, in an amount not to exceed $10,865. (Staff contact: John Maashoff, Public Works Department) 8. AWARD OF CONTRACT TO CCL CONTRACTING, INC. FOR CONSTRUCTION OF THE PRESSURE- REDUCING STATION REPLACEMENT PROJECT, PHASE 2 (CIP PROJECT NO. 5020-B) – Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1703 approving plans, specifications and contract documents, accepting bids and awarding a contract to CCL Contracting, Inc. for construction of the Pressure-Reducing Station Replacement Project, Phase 2, and appropriating additional funds from the Water Replacement Fund to Capital Improvement Program Project No. 5020-B. (Staff contact: Dave Padilla and Neil Irani, Public Works Department) 9. CONTINUATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE ON HAYMAR DRIVE – Adoption of Resolution No. 2023-116 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) ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: 10. 2023 HAZARD REDUCTION PROGRAM – ABATEMENT – Adoption of Resolution No. 2023-117 authorizing abatement of weeds, rubbish and refuse upon private property under the terms of the City of Carlsbad’s Hazard Reduction Program and scheduling a public hearing on July 25, 2023, to consider the final hazard reduction cost report. (Staff contact: Randy Metz, Fire Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. Fire Division Chief Randy Metz presented the staff report (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 5:34 p.m. April 18, 2023 Carlsbad City Council Regular Meeting Page 4 Hearing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 5:34 p.m. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-117. Motion carried unanimously, 5/0. 11. ESTABLISHMENT OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT UNDER THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 – Adoption of Resolution No. 2023-118 declaring the results of majority protest proceedings and establishing the Carlsbad Tourism Business Improvement District. (Staff contact: David Graham and Matt Sanford, Administrative Services Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. Chief Innovation Officer David Graham and Economic Development Manager Matt Sanford reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 5:37 p.m. Hearing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 5:37 p.m. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-118. Motion carried unanimously, 5/0. 12. ANNUAL REVIEW OF THE POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481– 1) Receive the Police Department’s Annual Military Equipment Report; and 2) Introduction of Ordinance No. CS-447 renewing the Carlsbad Police Department’s Military Equipment Use Policy. (Staff contact: Ryan Opeka and Amanda Baker, Police Department) City Manager’s Recommendation: Receive the report, take public input, close the public hearing and introduce the ordinance. Police Lieutenant Ryan Opeka reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Council received the report. Mayor Blackburn opened the duly noticed public hearing at 5:52 p.m. Hearing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 5:53 p.m. April 18, 2023 Carlsbad City Council Regular Meeting Page 5 City Attorney Cindie McMahon titled the ordinance. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to introduce Ordinance No. CS-447. Motion carried unanimously, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 13. 2022 ANNUAL RACIAL AND IDENTITY PROFILING ACT REPORT – AB 953: RACIAL AND IDENTITY PROFILING ACT – Receive an informational report from the Police Department regarding the 2022 Annual Racial and Identity Profiling Act Report in accordance with AB 953: Racial and Identity Profiling Act. (Staff contact: Mickey Williams and Eric Kovanda, Police Department) City Manager’s Recommendation: Receive the report. Police Chief Mikey Williams and Lieutenant Eric Kovanda reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Luna, Police Chief Williams explained that Racial and Identity Profiling Act Reports (RIPA) that are submitted to the Department of Justice (DOJ) are required to be submitted annually by April 1st. In response to an inquiry from Council Member Bhat-Patel, Police Chief Williams explained that there is not a specific DOJ staff person that is assigned to Carlsbad. He further explained that the public may go to the DOJ webpage and find RIPA reports and compare with other cities. City Council received the report. PUBLIC COMMENT: Continuation of the Public Comments Annabelle Rivard spoke regarding stormwater runoff dangers. Evan Rodriguez spoke regarding bluff erosion dangers. Treena Priest requested Council’s support for proposed legislation AB 1207. Cayla Lopez de Castro spoke regarding concerns with rising utility costs. 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. April 18, 2023 Carlsbad City Council Regular M eeting Page 6 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. Monday, April 24, 2023 11 a.m. -2 p.m. Carlsbad Chamber of Commerce 2023 Carlsbad Business Achievement and Distinction Awards Luncheon Westin Carlsbad Resort and Spa 5480 Grand Pacific Drive Carlsbad, CA 92008 Wednesday, April 26, 2023 2 p.m. -3 p.m. Bridge Housing Community Groundbreaking Ceremony 1380 Laurel Tree Lane Carlsbad, CA 92008 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 6:40 p.m. Ana Marie Alarcon, CMC Deputy City Clerk