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HomeMy WebLinkAbout2023-06-13; 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 Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 6. He added that 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 Public Hearings Item No. 9. PLEDGE OF ALLEGIANCE: Council Member Burkholder led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Carlsbad Historic Preservation Month Proclamation & Third Grade Art Presentation Mayor Blackburn read the proclamation. Raul Diaz accepted the proclamation and said a few words. Assistant Community Development Director Mike Strong presented the Third Grade Art winners with a certificate. Juneteenth Day Proclamation Council Member Acosta read the proclamation. Solomon Dinning accepted the proclamation and said a few words. PUBLIC COMMENT: Glen Bernard expressed his opinion on safety measures. Krisha expressed her support for ethical accountability with elected officials. Suzanne Hume expressed her support for diversity, equity and inclusion initiatives and writing a letter of support on banning leaded aviation fuel at Palomar Airport. John Bottoff expressed his concern with pesticide use in the City of Carlsbad. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1 through 8. Motion carried unanimously, 5/0. June 13, 2023, 5 p.m. June 13, 2023 Carlsbad City Council Regular Meeting Page 2 1. REPORT ON CITY INVESTMENTS AS OF APRIL 28, 2023 – Accept and file Report on City Investments as of April 28, 2023. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) 2. SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF DONALD SEALE – Adoption of a Resolution No. 2023-155 authorizing settlement of the Workers’ Compensation claim of Donald Seale in the amount of $120,422. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) 3. COMPLIANCE REPORT FOR ANNUAL FIRE INSPECTIONS – Adoption of Resolution No. 2023- 156 accepting a compliance report on the status of all state-mandated annual fire inspections in the City of Carlsbad. (Staff contact: Randy Metz, Fire Department) 4. FISCAL YEAR 2022 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM – Adoption of Resolution No. 2023-157 authorizing the City Manager to execute an agreement with the City of San Diego to accept $72,600 for Fiscal Year 2022 Urban Area Security Initiative Grant Funds and authorizing the Deputy City Manager, Administrative Services to appropriate funds for program expenses. (Staff contact: Jennie Marinov, Fire Department) 5. AGREEMENT WITH PATROL MASTERS SECURITY SERVICES INC. FOR SCHOOL ADULT CROSSING GUARD SERVICES – Adoption of Resolution No. 2023-158 accepting a bid and approving an agreement with Patrol Masters Security Services Inc. for school adult crossing guard services and authorizing the Deputy City Manager, Administrative Services, to increase fiscal year 2022-23 appropriations for the agreement by $35,299. (Staff contact: Amanda Baker and Alonso DeVelasco, Police Department) 6. DEACTIVATION OF WATER SHORTAGE LEVEL 2 DROUGHT RESPONSE ACTIONS DUE TO ROLLBACK OF EMERGENCY PROVISIONS – Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1709 directing the Executive Manager to return to implementation of the water demand reduction actions in the Carlsbad Municipal Water District’s water conservation program Drought Response Level 1 and to end implementation of demand reduction actions in the Level 2 response. (Staff contact: Vicki Quiram, Public Works Department) 7. AWARD OF CONTRACT TO L.C. PAVING & SEALING INC. FOR THE 2023 CONCRETE REPAIR PROJECT (CIP PROJECT NO. 6013-23) – Adoption of Resolution No. 2023-159 accepting bids and awarding a contract to L.C. Paving & Sealing, Inc. for the 2023 Concrete Repair Project as part of the Concrete Repair/Replacement Program, Capital Improvement Program Project No. 6013-23, in an amount not to exceed $933,826. (Staff contact: Eric Zielke and Hossein Ajideh, Public Works Department) 8. CONTINUATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE ON HAYMAR DRIVE – Adoption of Resolution No. 2023-160 continuing June 13, 2023 Carlsbad City Council Regular Meeting Page 3 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. DEPARTMENTAL AND CITY MANAGER REPORTS: Item No. 11 was heard before Public Hearing Item No. 9. 11. DISCUSS RAISING THE INTERSECTIONAL PRIDE FLAG – 1) City Council engage in a discussion regarding raising the Intersectional Pride Flag absent the adoption of a City Council flag policy; and 2) Provide direction to staff as necessary. (Staff contact: Sheila Cobian, City Manager’s Department and Cindie McMahon, City Attorney’s Department) City Manager’s Recommendation: Discuss and provide direction to staff as necessary. Mayor Blackburn announced each individual speaker would have one minute to make their comments and each group would have six minutes for this item. Director of Legislative & Constituent Services Sheila Cobian presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Glen Bernard expressed his opposition to flying the Intersectional Pride flag. Vanessa Forsythe expressed her support for flying the Intersectional Pride flag. Kelly Le Berthon expressed her opposition to flying the Intersectional Pride flag. Natalie Shapiro expressed her support for flying the Intersectional Pride flag. Krisha expressed her opposition to flying the Intersectional Pride flag. Joe Luis Trevino expressed his opposition to flying the Intersectional Pride flag. Jocelyn Campbell expressed her support for flying the Intersectional Pride flag. Jacob Stevens expressed his support for flying the Intersectional Pride flag. Chin-Wu Change expressed his support for flying the Intersectional Pride flag. Terry Burns expressed his opposition to flying the Intersectional Pride flag. Leticia Reyes, representing Frances Ballard, Gerardo Reyes and Ernest Mercado, expressed her opposition to flying to the Intersectional Pride flag. June 13, 2023 Carlsbad City Council Regular Meeting Page 4 Daniel Smith expressed his opposition to flying the Intersectional Pride flag. Ana Grim expressed her support for flying the Intersectional Pride flag. Vickey Syage expressed her support for flying the Intersectional Pride flag. Mike Borrello expressed his opposition to flying the Intersectional Pride flag. Fran Sesti expressed her opposition to flying the Intersectional Pride flag. John Bottorff expressed his support for flying the Intersectional Pride flag. Suzanne Hume expressed her support for flying the Intersectional Pride flag. Austin Hansch expressed his support for flying the Intersectional Pride flag. Diana Aguirre expressed her support for flying the Intersectional Pride flag. Max Disposti expressed his support for flying the Intersectional Pride flag. In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Attorney Cindie McMahon confirmed that the options presented could be amended to include specific language at the City Council’s request. In response to an inquiry from Council Member Acosta, Director of Legislative & Constituent Services Cobian explained that Option 3 originated from the North County LGBTQ Resource center offering to donate a flag to the city. She added that the flags currently flown at City Hall are 5 foot by 8 foot in size. In response to an inquiry from Council Member Acosta, Director of Legislative & Constituent Services Cobian explained that the City Council adopted a resolution declaring every June as Pride Month in the City of Carlsbad and that the same could be done with flying the flag. In response to an inquiry from Council Member Burkholder, City Attorney McMahon explained that a 2022 Supreme Court Case decision determined that when the City of Boston flew commemorative flags on a city owned flagpole, it established that flagpole to be a public forum. She added that this means the city does not have the ability to decide what flags are to be flown, and that this decision was reached because the City of Boston did not have a flag policy clearly establishing their flagpoles as government speech and guiding how the city would control the messages or flags that they would allow to be flown. In response to an inquiry from Council Member Burkholder, City Attorney McMahon explained that she is not aware of any other City Council decision that has Supreme Court precedence regarding litigation. June 13, 2023 Carlsbad City Council Regular Meeting Page 5 In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Attorney McMahon explained that staff has specific language that they would recommend the City Council incorporate into their motion to help clarify that flying the Intersectional Pride Flag would be with the intent of government speech and not a public forum. In response to an inquiry from Council Member Acosta, Director of Legislative & Constituent Services Cobian explained that staff surveyed other cities in San Diego County to see if they have flag policies. In response to an inquiry from Council Member Acosta, Director of Legislative & Constituent Services Cobian explained that though the City of Encinitas and the City of San Diego fly Pride flags without a flag policy, she is not aware of any current litigation with the City of Encinitas or the City of San Diego. City Attorney McMahon added that she is not aware of any either. In response to an inquiry from Council Member Luna, City Attorney McMahon explained that this item is not authorizing flag raising ceremonies. Mayor Blackburn and Council Member Burkholder expressed concerns with flying the Intersectional Pride flag at City Hall. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta directing staff to borrow, if feasible, or purchase an Intersectional Pride Flag and fly it below the State of California flag on an existing flagpole each year during the month of June and that the intent of this motion is for flying the Intersectional Pride flag at City Hall to be government speech reflecting the City’s own message and not to convert the City’s flagpoles into public forums. Motion carried, 3/2 (Blackburn, Burkholder – No). Mayor Blackburn declared a recess at 6:28 p.m. Mayor Blackburn reconvened the meeting at 6:38 p.m. PUBLIC HEARING: Item No. 9 was heard following Departmental and City Manager Reports Item No. 11. 9. ADOPTION OF THE FISCAL YEAR 2023-24 OPERATING BUDGET, STRATEGIC DIGITAL TRANSFORMATION INVESTMENT PROGRAM AND CAPITAL IMPROVEMENT PROGRAM, THE FISCAL YEAR 2023-24 APPROPRIATION LIMIT AND REVISION OF FEES AND CHARGES FOR SERVICES – 1) Adoption of Resolution No. 2023-161 adopting the final Operating Budget, Strategic Digital Transformation Investment Program and Capital Improvement Program for fiscal year 2023-24 for the City of Carlsbad and establishing controls on changes in appropriations for budget funds; and 2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1710 adopting the water district’s final Operating Budget, Strategic Digital Transformation Investment Program and Capital Improvement Program for fiscal year 2023-24 and June 13, 2023 Carlsbad City Council Regular Meeting Page 6 establishing controls on changes in appropriations for budget funds; and 3) Adoption of Community Development Commission Resolution No. 562 adopting the final Operating Budget of the Carlsbad Housing Authority for fiscal year 2023-24 and establishing controls on changes in appropriations for budget funds; and 4) Adoption of Carlsbad Public Financing Authority Board of Directors Resolution No. 93 adopting the final Operating Budget and Capital Improvement Program of The Crossings at Carlsbad Municipal Golf Course for fiscal year 2023-24 and establishing controls on changes in appropriations for budget funds; and 5) Adoption of City Council as the Successor Agency for the Carlsbad Redevelopment Agency Resolution No. 2023-162 adopting the final Operating Budget of the Successor Agency and the enforceable debt obligations of the City of Carlsbad’s Redevelopment Obligation Retirement Fund for fiscal year 2023-24 and establishing controls on changes in appropriations for budget funds; and 6) Adoption of Resolution No. 2023-163 establishing the fiscal year 2023-24 appropriation limit as required by Article XIIIB of the California State Constitution and State Law; and 7) Adoption of Resolution No. 2023-164 adopting changes to the Master Fee Schedule; and 8) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1711 adopting changes to the Master Fee Schedule; and 9) Adoption of Community Development Commission Resolution No. 563 adopting changes to the Master Fee Schedule; and 10) Adoption of Resolution No. 2023-165 approving the City of Carlsbad’s share of the fiscal year 2023-24 Operating and Capital Budgets of the Encina Wastewater Authority; and 11) Adoption of Resolution No. 2023-166 determining that the FY 2023-24 Capital Improvement Program Budget is consistent with the General Plan and applicable Climate Action Plan measures and actions; and 12) Adoption of Resolution No. 2023-167 adopting a list of projects and authorizing the allocation of road maintenance and rehabilitation account funds to the pavement management and concrete replacement programs for fiscal year 2023-24; and 13) Adoption of Carlsbad Public Financing Authority Board of Directors Resolution No. 94 adopting a Golf Course Reserve Policy; and 14) Adoption of Resolution No. 2023-168 approving an adjustment to the FY 2022-23 Capital Improvement Program Budget; and 15) Adoption of Resolution No. 2023-169 approving adjustments to the FY 2022-23 Operating Budget for the City of Carlsbad’s share of the FY 2022-23 Operating Budget of the Encina Wastewater Authority; and 16) Adoption of Community Development Commission Resolution No. 564 approving adjustments to the FY 2022-23 Operating Budget of the Carlsbad Housing Authority. (Staff contact: Laura Rocha and Zach Korach, Administrative Services Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolutions. June 13, 2023 Carlsbad City Council Regular Meeting Page 7 Deputy City Manager, Administrative Services Laura Rocha and Finance Director Zach Korach presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Staff’s presentation included the following options for the City Council’s consideration: Option 1: Appropriate $5.22 million from the General Fund Reserve and direct staff to request that SANDAG submit a FY 2023 Railroad Crossing Elimination Grant Program application for the project as the lead agency. Option 2: Appropriate $2.61 million from the General Fund Reserve and direct staff and the city’s SANDAG Board representative to request that SANDAG share in the cost of the remaining $2.61 million in required local match funding and submit a FY 2023 Railroad Crossing Elimination Grant Program application as the lead agency. Option 3: Appropriate some other amount from the General Fund Reserve (if any) and direct staff to return to the City Council after year-end savings are reported in September 2023 to consider a possible additional appropriation toward the project’s local match requirement, subject to funding availability. Mayor Blackburn opened the duly noticed public hearing at 6:48 p.m. Lori Robins expressed her support for allocating funds to trench the railroads. Stephen Stewart expressed his support for allocating funds to trench the railroads. Larry Brown expressed his support for allocating funds to trench the railroads. Annette Swanson expressed her support for allocating funds to trench the railroads. Skip Allen expressed his support for allocating funds to trench the railroads. Mark Packard expressed his support for allocating funds to trench the railroads. Fran Sesti expressed her appreciation for the budget workshop and requested an audit into the Housing & Homeless Services Department budget. Mayor Blackburn closed the duly noticed public hearing at 7:01 p.m. In response to an inquiry from Mayor Pro Tem Bhat-Patel, Finance Director Korach explained that there is no guarantee San Diego Association of Governments (SANDAG) will share the cost of the remaining $2.61 contained in Option 2. In response to an inquiry from Mayor Pro Tem Bhat-Patel, Intergovernmental Affairs Director Jason Haber explained that in conversations with SANDAG staff, that they are supportive of the city providing the funding and them providing the administration of the grant application and serving as the lead agency. He added that SANDAG has expressed that they do not have June 13, 2023 Carlsbad City Council Regular Meeting Page 8 any allocated discretionary funding identified or currently available for the local match, so if the city wishes to request any funding from SANDAG it would be a Board of Directors decision. In response to an inquiry from Mayor Pro Tem Bhat-Patel, Intergovernmental Affairs Director Haber explained that similar to SANDAG, if the city were to request funding from North County Transit District (NCTD), it would be a Board of Directors decision because their staff has noted that they do not currently have any discretionary funding available. In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Attorney McMahon explained at this time, staff does not think this project would require a vote of the public under Proposition H. In response to an inquiry from Mayor Pro Tem Bhat-Patel, Intergovernmental Affairs Director Haber explained that Congressman Mike Levin has expressed support on any initiatives that the city has interest in pursing to receive federal funding relating to this project. In response to an inquiry from Mayor Pro Tem Bhat-Patel, Finance Director Korach explained that this appropriation would be a one-time transfer of funds and the General Fund Reserve would remain in good fiscal health. He added that if the city is not awarded the grant, the funds would be returned to the General Fund Reserve. In response to an inquiry from Council Member Acosta, Intergovernmental Affairs Director Haber explained that the 2021 SANDAG Regional Plan does include a line-item relating to LOSSAN corridor transit improvements. In response to an inquiry from Council Member Acosta, Finance Director Korach explained that the reason the city’s total expenditures appear to be $10 million greater than the revenue is because the city’s Enterprise Funds operate differently than other funds in that the dependence of the preexisting fund balance is permissible. He added that the Housing & Homeless Services Department budget line items that are listed under “other operating expenses” are reliant on rental assistance and CDBG funds and do not necessarily fall under personnel or maintenance and operations categories because they are grant funded expenditures. In response to an inquiry from Council Member Acosta, Finance Director Korach explained that the city’s finances and how the city accounts for its resources are audited by an independent, external audit firm on an annual basis. He added that the city also has an internal audit program and a full-time staff member dedicated to carrying out the internal audit plan throughout the fiscal year and reports out on a quarterly basis. Council Member Luna proposed an amendment to the Golf Course Reserve Policy to remove the stipulation of the General Fund repayment plan, as well as recommending that the District 2 City Council Member meet with the golf course steering committee on a quarterly basis to stay up to the date with its financial and operational performance. June 13, 2023 Carlsbad City Council Regular Meeting Page 9 In response to an inquiry from Council Member Acosta, Finance Director Korach explained that in 2021, the audit recommendation evaluated the likeliness that the golf course would be able to complete repayment in the near future and concluded that it was uncertain. He added that in accordance with governmental accounting standards, it would now need to be reported as a transfer or a permanent movement of funds rather than a loan, though the City Council has decided to still track and manage the funds. Motion by Council Member Luna, seconded by Mayor Pro Tem Bhat-Patel, to remove the General Fund Repayment stipulation, originally listed as the 4th use of revenue, from the Golf Course Reserve Policy and to designate the District 2 City Council Member to meet with the golf course steering committee on a quarterly basis in order to stay up to date with the financial and operational performance. Discussion ensued amongst City Council members regarding the motion. Mayor Blackburn expressed concern with requiring the District 2 City Council Member to regularly meet with the golf course steering committee. Council Member Acosta expressed concerns with not having a policy to transfer revenue from the golf course back into the General Fund. In response to an inquiry from Mayor Blackburn, Finance Director Korach explained that the golf course operates under the Public Financing Authority whose members are the same members as the City Council. He added that with the understanding that the funds that were originally loaned to the golf course are continuing to be tracked, excess revenue from the golf course can be transferred back to the General Fund with City Council’s direction. Mayor Blackburn expressed support for Council Member Luna’s motion as long as the requirement of the District 2 representative was removed. Amended motion by Council Member Luna, seconded by Mayor Pro Tem Bhat-Patel, to remove General Fund Repayment stipulation from the Golf Course Reserve Policy, Attachment A, in Exhibit 20. Motion carried, 4/1 (Acosta – No). Motion by Council Member Burkholder, seconded by Council Member Acosta to move forward with Option 1, appropriate $5.22 million from the General Fund Reserve and direct staff to request that SANDAG submit a FY 2023 Railroad Crossing Elimination Grant Program application for the project as the lead agency. Motion carried unanimously, 5/0. Minute Motion by Council Member Burkholder, seconded by Council Member Luna, directing staff to return to the City Council with options for the City Council’s consideration that would allow the city to facilitate community theater programing. Motion carried unanimously, 5/0. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, adopting Resolution No. 2023-161, Carlsbad Municipal Water District Resolution No. 1710, Community June 13, 2023 Carlsbad City Council Regular Meeting Page 10 Development Commission Resolution No. 562, Public Financing Authority Resolution No. 93, Resolution No. 2023-162, Resolution No. 2023-163, Resolution No. 2023-164, Carlsbad Municipal Water District Resolution No. 1711, Community Development Commission Resolution No. 563, Resolution No. 2023-165, Resolution No. 2023-166, Resolution No. 2023- 167, Public Financing Authority Resolution No. 94, Resolution No. 2023-168, Resolution No. 2023-169 and Community Development Commission Resolution No. 564. Motion carried unanimously, 5/0. Mayor Blackburn declared a recess at 7:51 p.m. Mayor Blackburn reconvened the meeting at 8:01 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. PALOMAR AIRPORT ADVISORY COMMITTEE NOMINATION – Adoption of Resolution No. 2023-170 directing staff to invite Carlsbad residents to apply for nomination to the County of San Diego’s Palomar Airport Advisory Committee and to place an item on the July 11, 2023, City Council meeting agenda to identify one applicant for nomination to the committee. (Staff contact: Jason Haber, City Manager’s Department) City Manager’s Recommendation: Adopt the resolution. Intergovernmental Affairs Director Haber presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Vanessa Forsythe urged the City Council to adopt the resolution. Frank Sung urged the City Council to adopt the resolution. Vicky Sayage urged the City Council to adopt the resolution. Suzanne Hume urged the City Council to adopt the resolution. John Borttoff urged the City Council to adopt the resolution. Cliff Kaiser urged the City Council to adopt the resolution. In response to an inquiry from Mayor Pro Tem Bhat-Patel, Intergovernmental Affairs Director Haber explained that the county’s official process does not include selecting an alternate member. In response to an inquiry from Mayor Pro Tem Bhat-Patel, Intergovernmental Affairs Director Haber explained that the San Diego County Board of Supervisors determines the issues or topics that go before the committee for consideration. June 13, 2023 Carlsbad City Council Regular Meeting Page 11 In response to an inquiry from Council Member Acosta, Intergovernmental Affairs Director Haber explained that the San Diego County code states that the appointments are nominated by the 5th District Supervisor. He added that with the recent redistricting, this could change since the 5th District no longer encompasses the physical location of the airport. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta to adopt Resolution 2023-170 with the amendment of also including the selection of an alternate candidate. 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. CITY MANAGER COMMENTS: City Manager Chadwick thanked the City Council and city staff for their efforts leading to the adoption of the 2023-2024 budget. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:34 p.m. Kaylin McCauley Deputy City Clerk