HomeMy WebLinkAbout2023-06-20; 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: City Council is serving as the Carlsbad Municipal
Water District Board of Directors on Consent Calendar Item No. 10.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bhat-Patel led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held May 9, 2023
Minutes of the Regular Meeting held May 16, 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:
Acceptance of Donation from Carlsbad Library & Arts Foundation
Library & Cultural Arts Director Suzanne Smithson accepted the donation and said a few words.
PUBLIC COMMENT:
Glenn Bernard spoke regarding various holidays that are observed.
Pierre Cochet-Weinandt expressed his concern regarding gun safety laws.
Mark Dice spoke regarding Pride Month.
Terry Burns spoke regarding raising of the pride flag.
Julie Ajdour spoke regarding Windsor Point patients receiving appropriate treatment.
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. 1 through 12 with the exception of Item Nos. 4 and 5. Motion carried
unanimously, 5/0, with the exception of Item No. 7, motion carried 4/0/1 (Acosta – Abstain).
June 20, 2023, 5 p.m.
CITY COUNCIL
Minutes
June 20, 2023 Carlsbad City Council Regular Meeting Page 2
1. ACCEPTING $105,000 DONATION FROM THE CARLSBAD LIBRARY & ARTS FOUNDATION –
Adoption of Resolution No. 2023-171 accepting a donation of $105,000 from the Carlsbad
Library & Arts Foundation to the City of Carlsbad’s Library & Cultural Arts Department. (Staff
contact: Suzanne Smithson, Community Services Department)
2. PURCHASE OF PROPERTY INSURANCE COVERAGE FOR FISCAL YEAR 2023-24 – Adoption of
Resolution No. 2023-172 approving the purchase of $100 million of property insurance
through Aon Insurance for Fiscal Year 2023-2024 in an amount not to exceed $575,000. (Staff
contact: Ed Garbo, Administrative Services Department)
3. PURCHASE OF EXCESS LIABILITY INSURANCE COVERAGE FOR FISCAL YEAR 2023-24 – Adoption
of Resolution No. 2023-173 approving the purchase of a maximum of $43 million of excess
liability coverage through California Insurance Pool Authority for Fiscal Year 2023-2024 in an
amount not to exceed $1,150,000. (Staff contact: Ed Garbo, Administrative Services
Department)
Item No. 4 was pulled by the City Council for discussion.
4. AGREEMENT WITH INTERFAITH COMMUNITY SERVICES TO PROVIDE OUTREACH AND CASE
MANAGEMENT SERVICES TO INDIVIDUALS AND HOUSEHOLDS EXPERIENCING
HOMELESSNESS – Adoption of resolution approving a professional services agreement with
Interfaith Community Services in an amount of $315,000 to provide outreach and case
management services to assist individuals and households experiencing homelessness in the
City of Carlsbad. (Staff contact: Chris Shilling, Community Services Department)
Item No. 5 was pulled by the City Council for discussion.
5. AMENDING A PROFESSIONAL SERVICES AGREEMENT WITH THE COMMUNITY RESOURCE
CENTER TO PROVIDE RAPID RE-HOUSING SERVICES AND APPROVING A RELATED GRANT
AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT – 1)
Adoption of a resolution approving an amendment to a professional services agreement with
the Community Resource Center to provide rapid re-housing assistance and case
management services to assist individuals and households experiencing homelessness in the
City of Carlsbad; and
2) Adoption of a resolution authorizing the City Manager to execute a grant agreement and
related program documents with the Department of Housing and Urban Development’s
Continuum of Care Program. (Staff contact: Chris Shilling, Community Services Department)
6. SUMMARY VACATION OF RELINQUISHMENT OF ACCESS RIGHTS OVER A PORTION OF LOT 13
OF MAP NO. 15013 LOCATED AT 3266 LIONSHEAD AVE. (VAC 2021-0003) – Adoption of
Resolution No. 2023-177 approving a summary vacation of relinquishment of access rights
over a portion of Lot 13 of Map No. 15013. (Staff contact: Jason Geldert, Community Services
Department)
June 20, 2023 Carlsbad City Council Regular Meeting Page 3
7. SECOND AMENDMENT TO LICENSE AGREEMENT WITH T-MOBILE WEST EXPANDING THE
WIRELESS COMMUNICATION FACILITY LICENSE AREA AT CALAVERA HILLS COMMUNITY PARK
Adoption of Resolution No. 2023-178 approving the second amendment to the license
agreement between T-Mobile West LLC and the City of Carlsbad to increase the sublicense
area at Calavera Hills Community Park from 48 square feet to 112 square feet to
accommodate a sublicense with Dish Wireless, LLC to operate a wireless communication
facility and authorizing the City Manager to execute the amendment. (Staff contact: Curtis
Jackson, Community Services Department)
Council Member Acosta recused herself from Consent Calendar Item No. 7 due to a conflict of
interest, as T-Mobile was a client of her business in the past year.
8. AUTHORIZATION TO EXEMPT FROM THE CITY’S COMPETITIVE BIDDING REQUIREMENTS AND
EXECUTE AN AGREEMENT WITH BHA, INC. TO PROVIDE ENGINEERING SERVICES FOR THE
VALLEY AND MAGNOLIA COMPLETE STREETS PROJECT (CIP PROJECT NO. 6019) – Adoption of
Resolution No. 2023-179 authorizing an exemption from the city’s competitive bidding
requirements and execution of a professional services agreement with BHA, Inc. to provide
engineering and construction support services for the Valley and Magnolia Complete Streets
Project, Capital Improvement Program Project No. 6019. (Staff contact: Lauren Ferrell and
Hossein Ajideh, Public Works Department)
9. DECLARE CARLSBAD COASTAL VIEWS, LLC IN DEFAULT OF THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR PROJECT CT 16-04, HIGHLAND VIEW HOMES – Adoption of Resolution No.
2023-180 declaring Carlsbad Coastal Views, LLC in default of the subdivision improvement
agreement for Project CT 16-04, Highland View Homes. (Staff contact: Babaq Taj and Valerie
Airey, Public Works Department)
10. APPROVAL OF THE 2023 ANNUAL WATER SHORTAGE ASSESSMENT REPORT AND
AUTHORIZATION TO SUBMIT THE ASSESSMENT TABULAR REPORT TO THE CALIFORNIA
DEPARTMENT OF WATER RESOURCES – Adoption of a Carlsbad Municipal Water District
Board of Directors Resolution No. 1712 approving the 2023 Annual Water Shortage
Assessment Report and authorizing submittal of the assessment tabular report to the
California Department of Water Resources on or before July 1, 2023. (Staff contact: Vicki
Quiram, Public Works Department)
11. TERMINATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR
OF A SINKHOLE ON HAYMAR DRIVE AND RATIFICATION OF THE EMERGENCY CONTRACT –
Adoption of Resolution No. 2023-181 terminating the declaration of a storm-related local
emergency for repair of a sinkhole in the area of Haymar Drive and ratifying the emergency
contract. (Staff contact: Tom Frank and Vicki Quiram, Public Works Department)
12. AMENDMENT NO. 2 TO AN AGREEMENT WITH MEK ENTERPRISES, INC. FOR CITYWIDE PARKS
RESTROOM CUSTODIAL MAINTENANCE SERVICES – Adoption of Resolution No. 2023-182
authorizing Amendment No. 2 to an agreement with MEK Enterprises, Inc. for citywide parks
June 20, 2023 Carlsbad City Council Regular Meeting Page 4
restroom custodial maintenance services in an amount not to exceed $187,071 and to extend
the term of the agreement until Sept. 30, 2023. (Staff contact: Barney Dresman, Public Works
Department)
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION:
Item No. 4 was pulled by the City Council for discussion.
4. AGREEMENT WITH INTERFAITH COMMUNITY SERVICES TO PROVIDE OUTREACH AND CASE
MANAGEMENT SERVICES TO INDIVIDUALS AND HOUSEHOLDS EXPERIENCING
HOMELESSNESS – Adoption of Resolution No. 2023-174 approving a professional services
agreement with Interfaith Community Services in an amount of $315,000 to provide outreach
and case management services to assist individuals and households experiencing
homelessness in the City of Carlsbad. (Staff contact: Chris Shilling, Community Services
Department)
Housing & Homeless Services Director Mandy Mills and Homeless Services Manager Chris
Shilling presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
Tracy Carmichael expressed her concerns regarding contract and associated costs.
In response to Mayor Blackburn’s request for staff to respond to Tracy Carmichael’s inquiry,
Homeless Services Manager Chris Shilling explained that there are two and a half full-time
social workers, seven days per week and are required to have a case load of 10-25 people.
Homeless Services Manager Shilling further explained that in social services contracts,
governments are billed for work once it has been completed.
In response to an inquiry from Council Member Burkholder, Homeless Services Manager Chris
Shilling explained that there will not be data for the fiscal year that they are currently in since
the fiscal year has not been completed and the contract scope of work is for the next year.
Motion by Mayor Pro Tem Bhat-Patel seconded by Council Member Acosta, to adopt
Resolution No. 2023-174. Motion carried 4/1 (Burkholder – No).
Item No. 5 was pulled by the City Council for discussion.
5. AMENDING A PROFESSIONAL SERVICES AGREEMENT WITH THE COMMUNITY RESOURCE
CENTER TO PROVIDE RAPID RE-HOUSING SERVICES AND APPROVING A RELATED GRANT
AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT – 1)
Adoption of Resolution No. 2023-175 approving an amendment to a professional services
agreement with the Community Resource Center to provide rapid re-housing assistance and
case management services to assist individuals and households experiencing homelessness
in the City of Carlsbad; and
2) Adoption of Resolution No. 2023-176 authorizing the City Manager to execute a grant
agreement and related program documents with the Department of Housing and Urban
Development’s Continuum of Care Program. (Staff contact: Chris Shilling, Community Services
Department)
June 20, 2023 Carlsbad City Council Regular Meeting Page 5
Housing & Homeless Services Director Mandy Mills and Homeless Services Manager Chris
Shilling presented the report.
Tracy Carmichael spoke expressed her concerns regarding the contract amendment.
In response to Mayor Blackburn’s request for staff to respond to Tracy Carmichael’s inquiry,
Homeless Services Manager Shilling explained that the amended agreement will have a total
of four case managers, one supervisor and part of a manager. Homeless Services Manager
Shilling further explained that the way it is determined if people that are being helped are
Carlsbad residents is through the following: Homeless Management Information System
regional database; Community Resource Center referral; and in the future, the coordinated
entry system run by the Regional Task Force on Homelessness.
In response to Mayor Blackburn’s request for staff to respond to Tracy Carmichael’s inquiry,
Housing & Homeless Services Director Mills explained that the County of San Diego is the
Health and Human Service arm of the State of California who receives funds from the Federal
Government and State Government for public health purposes but there aren’t enough
resources to maintain the standard that Carlsbad expects.
In response to an inquiry from Council Member Luna, Housing & Homeless Services Director
Mills explained that in 2020 the City Council implemented rapid re-housing through a state
grant in contract with Community Resource Center. She further explained when those funds
were expiring the City Council decided to allocate additional local funds to continue those
services.
In response to an inquiry from Council Member Luna, Housing & Homeless Services Director
Mills explained that in 2021 when the city considered the work program, the City Council
discussed hiring versus contracting out and decided that the services are in practice and in
place by non-profit organizations and at times a non-profit has the ability to move quickly and
get a person moved into housing.
In response to an inquiry from Council Member Burkholder, Homeless Services Manager
Shilling explained that Community Resource Center has been providing data monthly to
evaluate the effectiveness of the program.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Homeless Services Manager
Shilling explained that Community Resource Center has housed 72% of people within 60 days
whereas regionally, the average time is upward of six months.
Mayor Blackburn declared a recess at 6:14 p.m.
Mayor Blackburn reconvened the meeting at 6:25 p.m.
June 20, 2023 Carlsbad City Council Regular Meeting Page 6
Motion by Council Member Luna seconded by Mayor Blackburn, to adopt Resolution No.
2023-175 and Resolution No. 2023-176. Motion carried unanimously, 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING:
13. VARIANCE AND COASTAL DEVELOPMENT PERMIT FOR UNPERMITTED RETAINING WALLS AND
DECK LOCATED AT 2170 TWAIN AVENUE (V2022-0002. CDP2022-0019) – Adoption of
Resolution No. 2023-183 approving a Coastal Development Permit and Variance to allow an
unpermitted retaining wall system and wood deck that exceeds standards on a manufactured
uphill perimeter slope with a gradient greater than 40 percent and an elevation differential
of greater than fifteen feet located on property located at 2170 Twain Avenue within the
Mello II segment of the City’s Local Coastal Program and Local Facilities Management Zone
Eight (Case Name: Hom Residence: Retaining Wall Variance; Case No.: CDP2022-0019/V2022-
0002(DEV2022-0005)). (Staff contact: Kyle Van Leeuwen, Community Services Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt
the resolution.
City Planner Eric Lardy and Associate Planner Kyle Van Leeuwen 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 6:31 p.m.
Planning Systems Planner Paul Klukas representing the property owners, spoke in favor of the
variance and coastal development permit.
Property owner Robert Hom spoke in favor of the variance and coastal development permit.
Ray Patchett spoke in favor of the variance and coastal development permit.
Daniel Toro spoke in favor of the variance and coastal development permit.
Mayor Blackburn closed the duly noticed public hearing at 6:44 p.m.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-183. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
14. SEMI-ANNUAL HOMELESSNESS ACTION PLAN UPDATE AND 2023 POINT-IN-TIME COUNT
DATA – Receive a report and provide direction to staff as necessary on the semi-annual
Homelessness Action Plan data and the latest 2023 Point-in-Time Count results. (Staff
contact: Mandy Mills, Chris Shilling and Jessica Klein, Community Services Department)
June 20, 2023 Carlsbad City Council Regular Meeting Page 7
City Manager’s Recommendation: Receive the report and provide direction to staff as
necessary.
Housing & Homeless Services Director Mandy Mills, Homeless Services Manager Chris
Shilling and Captain Jeffrey Smith presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Community Resource Center Chief Program Officer Rebecca Nussbaum spoke in support of the
item.
Tracy Carmichael spoke regarding various aspects of the action plan update.
In response to Council Member Burkholder’s inquiry, Housing & Homeless Services Director
Mills explained that the Encampment Grant will be approximately $2.3 million over a three-
year period.
In response to Council Member Burkholder’s inquiry, Homeless Services Manager Chris
Shilling explained that only people that leave La Posada into their own housing are included
in the permanent housing transition number.
Council received the report.
15. APPROVING THE PREFERRED DESIGN OPTION FOR THE SOUTH CARLSBAD BOULEVARD
CLIMATE ADAPTATION STUDY – Adoption of Resolution No. 2023-184 accepting the
recommendations of the Traffic and Mobility Commission and the Beach Preservation
Commission by approving the roundabout option (Option 2) as the preferred design to
complete the grant requirements for the South Carlsbad Boulevard Climate Adaptation Study.
(Staff contact: Tom Frank and Katie Hentrich, Public Works Department)
City Manager’s Recommendation: Adopt the resolution.
City Engineer Tom Frank and Senior Program Manager Katie Hentrich presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Karen Pearson spoke in favor of Option 2.
Bill Fenner spoke in favor of Option 2.
Bill Canepa representing the Hilton Garden Inn spoke in favor of Option 2.
Kathleen Steindlberger requested adding the retreat now option on the preferred roadway
option exhibit.
June 20, 2023 Carlsbad City Council Regular Meeting Page 8
Mitch Silverstein requested to have the item return to council to discuss next steps by April
2024.
Josh Coelho spoke in favor of the roundabouts.
Pete Penseyres spoke in favor of Option 2.
Judy Frankel spoke in favor of Option 2.
Scott Engel spoke against roundabouts.
In response to Council Member Acosta’s inquiry, City Engineer Tom Frank explained that the
item will not be back for City Council consideration before the study is completed unless it is
requested by the City Council. He further explained that they will be back for City Council
consideration before a determination is made between the retreat now and phased
adaptation options and is in coordination with Coastal Commission staff.
In response to Council Member Acosta’s inquiry, City Engineer Tom Frank explained that
there is no timeframe for the change of the roadway since the project is not funded and the
design has not yet been completed.
In response to Mayor Pro Tem Bhat-Patel’s inquiry, City Engineer Tom Frank explained that
they will be able to provide renderings within the scope of the study and discuss the
approach if they need to go back to the City Council to request funding if needed.
In response to Mayor Pro Tem Bhat-Patel’s inquiry, City Engineer Tom Frank explained that
there will be a discussion regarding the reduction of one lane in the northbound direction of
Island Way to Manzano.
In response to Mayor Blackburn’s inquiry, City Engineer Tom Frank explained that the
overflow traffic from the 5 freeway will move to Coast Highway and the City is planning to
have the ability to signalize intersections at the roundabouts.
In response to Mayor Blackburn’s inquiry, City Engineer Tom Frank explained that with one
lane, you must travel at the speed that the vehicle in front of you is traveling.
In response to Council Member Luna’s inquiry, City Engineer Tom Frank explained that a
construction cost had not been acquired for modification from a two-lane road with
roundabouts (Option 2) to a four-lane road with traffic signals (Option 1) after installation.
In response to Council Member Luna’s inquiry, City Engineer Tom Frank explained that the
intersection configurations will not be changed from Pine Street going south.
Council Member Acosta spoke in favor of Option 2, requesting to add to the motion that staff
return to City Council by March 2024 to provide an update and discuss next steps.
June 20, 2023 Carlsbad City Council Regular Meeting Page 9
Senior Program Manager Katie Hentrich recommended staff return to the Beach
Preservation Commission before returning to City Council.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2023-184 and directing staff to return to the Beach Preservation Commission
and City Council by March 2024 to discuss the retreat now and phased adaptation. 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: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:28 p.m.
(M__
Ana Marie Alarcon, CMC
Deputy City Clerk