HomeMy WebLinkAbout2023-05-23; City Council; Minutes Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
May 23, 2023, 5 p.m.
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad
Municipal Water District Board of Directors on Consent Calendar Item No. 3 and Departmental
and City Manager Reports Item No. 8. The City Council is also serving as the Carlsbad Municipal
Water District Board of Directors, Public Financing Authority, Community Development
Commission and the Successor for the Redevelopment Agency for Departmental and City
Manager Report Item No. 9.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Council Member Luna led the Pledge of Allegiance.
PRESENTATIONS:
Proclamation in recognition of Public Works Week
Council Member Burkholder read the proclamation. Deputy City Manager, Public Works Paz
Gomez accepted the proclamation and said a few words.
Proclamation in recognition of National Gun Violence Awareness Day
Mayor Blackburn read the proclamation. Moms Demand Action Against Gun Violence volunteer
Shelby Novell accepted the proclamation and said a few words.
APPROVAL OF MINUTES: None.
PUBLIC COMMENT:
Bob Seddig spoke regarding requesting an exemption for certain fire codes.
Laurie Robbins spoke in favor of lowering the railroad tracks.
Sameer Gaswami spoke regarding lowering the speed limit near the new apartment buildings
being built near La Costa Town square.
Dom Detro spoke regarding Palomar Airport.
Kelly McCormick requested a letter of support from the City Council for AB 1207 regarding
marijuana.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None.
CITY COUNCIL
Minutes
May 23, 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. Motion carried unanimously, 5/0.
1. AGREEMENT WITH GOFORTH & MARTI TO PROVIDE ADDITIONAL BUILDING FURNISHINGS
FOR THE POLICE AND FIRE HEADQUARTERS RENOVATION PROJECT (CIP PROJECT NO. 4715)
– Adoption of Resolution No. 2023-134 authorizing execution of an agreement with Goforth
& Marti, a California Corporation, d.b.a. G/M Business Interiors, to provide additional
building furnishings in an amount not to exceed $308,770 for the Police and Fire
Headquarters Renovation Project, Capital Improvement Program Project No. 4715. (Staff
contact: Steven Stewart, Public Works Department and Mickey Williams, Police
Department)
2. AWARD OF CONTRACT TO GRANITE CONSTRUCTION COMPANY FOR SEGMENT 2 OF THE
AVENIDA ENCINAS COASTAL RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS PROJECT (CIP
PROJECT NO. 6004) – Adoption of Resolution No. 2023-135 accepting bids and awarding a
contract to Granite Construction Company for Segment 2 of the Avenida Encinas Coastal
Rail Trail and Pedestrian Improvements, Capital Improvement Program Project No. 6004, in
an amount not to exceed $2,994,036. (Staff contact: Brandon Miles and Hossein Ajideh,
Public Works)
3. AWARD OF CONTRACT HOUALLA ENTERPRISES LTD. FOR THE EL FUERTE AND MAERKLE
MOTORIZED VALVES PROJECT (CIP PROJECT NOS. 5007, 5009, 5050) – Adoption of a
Carlsbad Municipal Water District Board of Directors Resolution No. 1705 accepting bids,
denying the bid protest of the second lowest bidder and awarding a contract to Houalla
Enterprises Ltd. dba Metro Builders and Engineers Group, Ltd. for the El Fuerte and Maerkle
Motorized Valves Project Capital Improvement Project Nos. 5007, 5009 and 5050 in an
amount not to exceed $2,310,955, and appropriating additional funds from the Water
Replacement Fund to Capital Improvement Program Project Nos. 5009 and 5050. (Staff
contact: Dave Padilla and Sean Diaz, Public Works Department)
4. CONTINUATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR
REPAIR OF SINKHOLE ON HAYMAR DRIVE – Adoption of Resolution No. 2023-136 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)
5. AGREEMENTS WITH SMARTSHEET, INC. FOR THE IMPLEMENTATION, LICENSING AND
SUPPORT OF SMARTSHEET PORTFOLIO PROJECT MANAGEMENT SOFTWARE – 1) Adoption
of Resolution No. 2023-137 authorizing the purchase of additional software licenses
pursuant to an existing license and support agreement with Smartsheet, Inc., for
Smartsheet Portfolio Advance Silver with Enterprise Plan Plus Pro Support Licenses in an
amount not to exceed $93,000 for the initial one-year term and authorizing the City
May 23, 2023 Carlsbad City Council Regular Meeting Page 3
Manager to purchase four additional one-year license terms, for a total agreement amount
not to exceed $493,749; and
2) Adoption of Adoption of Resolution No. 2023-138 authorizing the City Manager to
execute an implementation services agreement with Smartsheet, Inc. for Smartsheet
Portfolio Project Management Software in an amount not to exceed $49,140 with a $10,000
contingency. (Staff contact: Doug Kappel and Rachel Muller, Administrative Services
Department)
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING:
6. ZONING ORDINANCE AMENDMENTS TO IMPLEMENT HOUSING ELEMENT PROGRAMS ON
ALTERNATIVE HOUSING AND TEMPORARY HOUSING TO RELIEVE HOMELESSNESS (ZCA
2023-0002/LCPA 2023-0018 (DEV 2023-0040)) – 1) Introduction of Ordinance No. CS-448
approving an amendment to the Zoning Ordinance, Title 21 of the Carlsbad Municipal Code,
to implement a portion of Objective g of Housing Element Program 1.3 - Alternative Housing
and Objective h of Housing Element Program 2.13 - Housing for Persons Experiencing
Homelessness (Case Name: Alternative and Temporary Housing Amendments 2023; Case
No.: ZCA 2023-0002/LCPA 2023-0018 (DEV 2023-0040)); and
2) Adoption of Resolution No. 2023-139 approving a Local Coastal Program amendment to
update the Local Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of the
Carlsbad Municipal Code) to implement a portion of Objective g of Housing Element
Program 1.3 – Alternative Housing and Objective h of Housing Element Program 2.13 –
Housing for Persons Experiencing Homelessness (Case Name: Alternative and Temporary
Housing Amendments; Case No.: ZCA 2023-0002/LCPA 2023-0018 (DEV 2023-0040)). (Staff
contact: Scott Donnell, Community Development Department)
City Manager’s Recommendation: Take public input, close the public hearing, introduce
the ordinance and adopt the resolution.
City Planner Eric Lardy and Senior Planner Scott Donnell presented the report and 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.
Gary Nessum spoke in support of the change.
Hearing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
5:38 p.m.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance No. CS-448.
May 23, 2023 Carlsbad City Council Regular Meeting Page 4
City Attorney Cindie McMahon announced the following amendments to paragraph
21.28.015 of the Ordinance: to add the word “not” after the word “but” in the phrase
“included but limited to”.
City Attorney Cindie McMahon titled the ordinance.
Motion by Mayor Pro Tem Bhat-Patel seconded by Council Member Acosta, to introduce
Ordinance No. CS-448 with the following amendments to paragraph 21.28.015 of the
Ordinance: to add the word “not” after the word “but” in the phrase “included but limited
to” and adopt Resolution No. 2023-139. Motion carried unanimously, 5/0.
7. ZONING ORDINANCE AMENDMENTS TO ENCOURAGE DEVELOPMENT OF ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (ZCA 2023-0001/ LCPA 2023-
0017/ PUB 2023-0002) AND PROPOSED PERMIT-READY ADU PROGRAM – 1) Introduction of
Ordinance No. CS-449 approving an amendment to the Zoning Ordinance, Title 21 of the
Carlsbad Municipal Code, to ensure consistency with state law related to accessory dwelling
units and junior accessory dwelling units (Case Name: Accessory Dwelling Unit Amendment
2023; Case No.: ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002)); and
2) Adoption of Resolution No. 2023-140 approving a Local Coastal Program amendment to
update the Local Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of the
Carlsbad Municipal Code) to ensure consistency with state law related to accessory dwelling
units and junior accessory dwelling units; and
3) Receive an informational report on the status of the pre-approved Accessory Dwelling
Unit Plans and provide direction, if necessary. (Case Name: Accessory Dwelling Unit
Amendment 2023; Case No.: ZCA 2023-0001/LCPA 2023-0017/PUB 2023-0002))(Staff
contact: Shelly Glennon, Community Development Department)
City Manager’s Recommendation: Take public input, close the public hearing, introduce
the ordinance, adopt the resolution, receive the report and provide direction, if necessary.
City Planner Eric Lardy and Associate Planner Shelley Glennon presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Blackburn opened the duly noticed public hearing at 5:51 p.m.
Sue Lofton spoke regarding various aspects of the ordinance.
Gary Nessum spoke in support of the change to the municipal code.
Hearing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at
5:56 p.m.
City Attorney Cindie McMahon titled the ordinance.
May 23, 2023 Carlsbad City Council Regular Meeting Page 5
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to introduce
Ordinance No. CS-449 and adopt Resolution No. 2023-140. Motion carried unanimously,
5/0.
Minute Motion by Council Member Luna, second by Council Member Acosta, directing staff
to return in one year with a report that addresses the following items: the number of off
the shelf accessory dwelling units built, neighborhood comments or complaints, length of
the approval process and costs of units, and any other recommendations regarding the off
the shelf accessory dwelling unit program that may require pivoting in four or five months.
Motion carried unanimously, 5/0.
The City Council received the report.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Item No. 10 was heard before Departmental and City Manager Reports Item No. 8.
10. CONSIDER APPROVAL OF A CITY COUNCIL POLICY STATEMENT – DISPLAY OF FLAGS AT CITY
HALL – 1) Adoption of a resolution approving City Council Policy Statement – Display of
Flags at City Hall authorizing the display of commemorative flags at City Hall in addition to
the United States of America and State of California flags; or
2) Adoption of a resolution approving City Council Policy Statement – Display of Flags at City
Hall that authorizes the display of only the United States of America and State of California
flags at City Hall. (Staff contact: Sheila Cobian, City Manager’s Department)
City Manager’s Recommendation: Adopt a resolution.
Legislative & Constituent Services Director Sheila Cobian presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Katrina Widelich spoke in support of flying commemorative flags.
Sarah Hunter spoke in support of flying commemorative flags.
Ash Bering spoke in support of flying commemorative flags.
Leticia Reyes spoke in support of flying only the United States Flag in City Hall.
Max Disposti with North County LGBTQ Resource Center spoke in support of flying
commemorative flags.
Nikki Faddick spoke in support of flying commemorative flags.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Attorney McMahon
explained that the flag policy is to give the City Council sole discretion of the messages that
will be communicated through flying a flag.
May 23, 2023 Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Attorney McMahon
explained that legally, the flags can be placed on the same pole. Legislative & Constituent
Services Director Cobian explained that the flags cannot physically be placed on the same
pole due to lowering of other flags and further explained that commemorative flags must
be placed underneath the United States flag.
In response to Council Member Acosta, City Attorney McMahon explained that if the City
Council passed to fly commemorative flags, they can not specify a viewpoint even if the flag
conveyed a message that the City Council did not agree with. She further explained that if
the City Council reserved the flag poles solely for City messages, then the City doesn’t have
to fly any flags that are requested and is referred as government speech.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt a
resolution approving City Council Policy Statement – Display of Flags at City Hall authorizing
the display of commemorative flags at City Hall in addition to the United States of America
and State of California flags. Motion failed, 3/2 (Blackburn, Burkholder – No).
Mayor Blackburn declared a recess at 6:42 p.m.
Mayor Blackburn reconvened the meeting at 6:52 p.m.
Item No. 8 was heard following Departmental and City Manager Reports Item No. 10.
8. APPOINTMENT TO THE SAN DIEGO COUNTY WATER AUTHORITY BOARD OF DIRECTORS –
Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1706
approving an appointment to the San Diego County Water Authority Board of Directors.
(Staff contact: Faviola Medina, City Clerk Services Department)
City Manager’s Recommendation: Adopt the resolution.
Mayor Blackburn introduced the item.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 1706 appointing Vicki Quiram to the San Diego County Authority Board of
Directors. Motion carried unanimously, 5/0.
9. FISCAL YEAR 2023-24 PRELIMINARY OPERATING BUDGET, STRATEGIC DIGITAL
TRANSFORMATION INVESTMENT PROGRAM AND CAPITAL IMPROVEMENT PROGRAM,
FISCAL YEAR 2023-24 MASTER FEE SCHEDULE, THE CROSSINGS AT CARLSBAD PROPOSED
RESERVE POLICY – 1) Receive the report; and
2) Adoption of Resolution No. 2023-141 setting a public hearing for June 13, 2023, for
adoption of the Fiscal Year 2023-24 Operating, Strategic Digital Transformation Investment
Program, and Capital Improvement Program budgets; Carlsbad’s share of the Encina
Wastewater Authority operating and capital budgets; the Gann spending limit for fiscal year
2023-24; and changes to the Master Fee Schedule; and determining the Fiscal Year 2023-24
May 23, 2023 Carlsbad City Council Regular Meeting Page 7
Capital Improvement Plan Budget is consistent with the General Plan and applicable Climate
Action Plan measures and actions; and
3) Adoption of Carlsbad Municipal Water District of the Board of Directors Resolution No.
1707 setting a public hearing for June 13, 2023, for adoption of the Fiscal Year 2023-24
Operating and Capital Improvement Program budgets and changes to the Master Fee
Schedule; and
4) Adoption of Public Financing Authority Board of Directors Resolution No. 92 setting a
public hearing for June 13, 2023, for adoption of the Fiscal Year 2023-24 Operating and
Capital Improvement Program Budgets for The Crossings at Carlsbad Municipal Golf Course;
and
5) Adoption of Community Development Commission Resolution No. 561 setting a public
hearing for June 13, 2023, for adoption of the Fiscal Year 2023-24 Operating Budget of the
Carlsbad Housing Authority; and
6) Adoption of a City of Carlsbad as the Successor Agency for the Carlsbad Redevelopment
Agency Resolution No. 2023-142 setting a public hearing for June 13, 2023, for adoption of
the Fiscal Year 2023-24 Operating Budget of the Successor Agency (Staff contact: Laura
Rocha and Zach Korach, Administrative Services Department)
City Manager’s Recommendation: Receive the report and adopt the resolutions.
Finance Director Zach Korach and Deputy City Manager Administrative Services Laura
Rocha presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
Mayor Blackburn declared a recess at 8:05 p.m.
Mayor Blackburn reconvened the meeting at 8:10 p.m.
Carlsbad Village Association Executive Director Christine Davis expressed her support for
staff’s recommendation and requested $20 thousand to fund a feasibility study to form a
Property Bid Improvement District (PBID) in the Village.
In response to Mayor Blackburn’s request for staff to respond to Christine Davis’ question,
Chief Innovation Officer David Graham explained that the feasibility study determines
boundaries, businesses that will be accessed and the types of services provided. Chief
Innovation Officer Graham further explained that the cost of the initial feasibility cost for
the PBID could be recuperated if the study moves forward.
Minute Motion by Council Member Burkholder, second by Mayor Pro Tem Bhat-Patel,
directing the staff to bring back options to fund $20,000 in furtherance of the PBID
feasibility study for City Council consideration at the June 13 Regular City Council Meeting.
Motion carried unanimously, 5/0.
May 23, 2023 Carlsbad City Council Regular Meeting Page 8
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Transportation Director Tom
Frank explained that the rationale for the La Costa Avenue Traffic Improvements move
from fiscal year 2024 to 2027 was due to some improvements that have been made along
that corridor and they expect more projects that will have traffic calming benefits.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Transportation Director Frank
explained that the Caminos del Los Coches and La Costa Avenue Intersection Control
Project would be a reconfiguration from Pine Avenue to the Encinitas border and would
address pedestrian safety.
In response to an inquiry from Council Member Acosta, Finance Director Korach explained
that the golf course loan was written off, but it was not forgiven, therefore the City has
continued to disclose that in the financial statements. Finance Director Korach further
explained that for that reason, there is a proposed reserve policy laying forth an option to
make payments back to the General Fund and the golf course operator are aware of the
repayment.
In response to an inquiry from Council Member Acosta, Finance Director Korach explained
that the increase in revenue is unprecedented due to the pandemic and projects a
normalization of demand. Finance Director Korach further explained that the golf course
operators have made an effort toward social media to meet as many users as possible.
In response to an inquiry from Council Member Burkholder, Public Works Manager John
Maashoff explained that telematics for fleet vehicles includes GPS, if there is an incident,
and health of the vehicle.
In response to an inquiry from Council Member Burkholder, Finance Director Korach
explained that the largest use of the reserves going back to 2016 would be additional
discretionary payments to California Public Employees' Retirement System (CALPERS) and
over the past seven years, $56.4 million has been contributed.
Minute Motion by Council Member Burkholder, second by Mayor Blackburn, directing staff
to return with a report to provide a funding source and cost for trenching in the Village for
City Council consideration at the June 13, 2023, Regular City Council meeting. Motion
carried unanimously, 5/0.
In response to an inquiry from Council Member Acosta, Finance Director Zach Korach
explained that within the $37.45 million includes additional appropriation for Veteran’s
Park Memorial, he further explained that the cost is $45 million for a net total cost of $37
million after factoring in Federal and State Grants.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-141, Carlsbad Municipal Water District Resolution No. 1707, Public
Financing Authority Board of Directors Resolution No. 92, Community Development
May 23, 2023 Carlsbad City Council Regular M eeting Page 9
Commission Resolution No. 561 and Resolution No. 2023-142. 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.
Thursday, June 1, 2023
9 a.m. -12 p.m.
City of Carlsbad Special City Council Meeting
Council Chamber
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Thursday, June 1, 2023
5:30 p.m. -7:30 p.m.
Community Budget Workshop
1635 Faraday Ave.
Carlsbad, CA 92008
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:54 p.m.
Ana Marie Alarcon, CMC
Deputy City Clerk