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Home My WebLink About2023-09-26; 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: None. PLEDGE OF ALLEGIANCE: Assistant City Manager Geoff Patnoe led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held Aug. 22, 2023 Minutes of the Special Meeting held Aug. 29, 2023 Minutes of the Special Meeting held Sept. 12, 2023 Minutes of the Special Meeting held Sept. 14, 20238 Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the minutes as presented. Motion carried unanimously, 5/0. PRESENTATIONS: Proclamation in recognition of Public Safety Month Mayor Blackburn read the proclamation. Assistant Fire Marshal Darcy Davidson, Police Chief Mickey Williams, and Public Works Facility Attendant Jose Estrada said a few words. PUBLIC COMMENT: Mary Lucid spoke regarding the operational hours of the library. Paige DeCino spoke regarding building electrification. Lynda Daniels spoke regarding building electrification. Raul Villamar voiced his concerns regarding low income housing and roundabout in his neighborhood. 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 4. Motion carried unanimously, 5/0. 1. LOAN AGREEMENT WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD FOR FUNDING FOR THE WASTEWATER SUPERVISORY CONTROL AND DATA ACQUISITION PROJECT Adoption of Resolution No. 2023-241 approving a loan agreement with the California State Water Resources Control Board for funding the Wastewater Supervisory Control and Data Acquisition Project. (Staff contact: Vicki Quiram and Shoshana Aguilar, Public Works Department) Sept. 26, 2023, 5 p.m. CITY COUNCIL Minutes Sept. 26, 2023 Carlsbad City Council Regular Meeting Page 2 2. AGREEMENT WITH SCHNEIDER CM TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE VETERANS MEMORIAL PARK PROJECT (CIP PROJECT NO. 4609) – Adoption of Resolution No. 2023-242 approving a professional service agreement with Schneider CM for construction management and inspection services for the Veterans Memorial Park Project, in an amount not to exceed $1,390,164. (Staff contact: Steven Didier, Public Works Department) 3. ACCEPTING THE FISCAL YEAR 2023-24 ALCOHOL POLICING PARTNERSHIP GRANT – Adoption of Resolution No. 2023-243 authorizing the City Manager to execute an agreement with the California Department of Alcoholic Beverage Control to accept $40,520 in Fiscal Year 2023- 24 Alcohol Policing Partnership grant funds and authorizing the Deputy City Manager, Administrative Services or designee to appropriate funds to the Public Safety Grants Special Revenue Fund. (Staff contact: Amanda Baker, Police Department) 4. ACQUISITION AND RESALE OF 2631 HANCOCK CIRCLE AS PART OF THE AFFORDABLE HOUSING RESALE PROGRAM – Adoption of Resolution No. 2023-244 authorizing the City Manager to execute all required documents to complete the purchase and resale of 2631 Hancock Circle as part of the City’s Affordable Housing Resale Program. (Staff contact: Mandy Mills, Community Services Department) ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 5. ADOPTION OF ORDINANCE NO. CS-459 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.20 MEETINGS – Adoption of Ordinance No. CS-459 amending Carlsbad Municipal Code Chapter 1.20 Meetings. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt Ordinance No. CS-459. City Attorney Cindie McMahon titled the ordinance. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-459. Motion carried unanimously, 5/0. PUBLIC HEARING: 6. APPROVE A COASTAL DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, SPECIAL USE PERMIT - FLOODPLAIN, SPECIAL USE PERMIT - EL CAMINO REAL CORRIDOR DEVELOPMENT STANDARDS AND WAIVER OF GENERAL PLAN OPEN SPACE POLICY 4-P.6 FOR THE WIDENING OF EL CAMINO REAL BETWEEN SUNNY CREEK ROAD AND JACKSPAR DRIVE (CDP2022-0044, HDP2021-0003, SUP2022-0002, SUP2021-0002) – Adoption of Resolution No. 2023-245 approving a coastal development permit, hillside development permit, special use permit (floodplain, special use permit – El Camino Real corridor development standards) and a waiver of General Plan Open Space Policy 4-P.6 to allow for a road improvement project along El Camino Real generally located within the public right-of-way on El Camino Real from Sunny Sept. 26, 2023 Carlsbad City Council Regular Meeting Page 3 Creek Road to Jackspar Drive within the Mello II segment of the city’s Local Coastal Program and Local Facilities Management Zone 15. (Staff contact: Eric Lardy, Community Services Department) City Manager’s Recommendation: Take public input, close the public hearing and adopt the resolution. City Planner Eric Lardy and Transportation Director Tom Frank reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 5:33 p.m. Eric Gilmore spoke regarding his concern with the upcoming changes on El Camino Real. Mayor Blackburn closed the duly noticed public hearing at 5:36 p.m. In response to Council Member Luna’s inquiry, Transportation Director Tom Frank explained that resident signage concerns have been accommodated by adding additional signage and striping. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-245. Motion carried unanimously, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. MAYORAL APPOINTMENT OF ONE MEMBER TO THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZENS’ ADVISORY COMMITTEE – Adoption of Resolution No. 2023-246 appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee. (Staff contact: Tammy McMinn, City Clerk Department) City Manager’s Recommendation: Adopt the resolution. Motion by Mayor Blackburn to adopt Resolution No. 2023-246 appointing Spencer Burrows to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee. Motion carried unanimously, 5/0. 8. MAYORAL APPOINTMENT OF TWO MEMBERS TO THE SENIOR COMMISSION – 1) Adoption of Resolution No. 2023-247 appointing one member to the Senior Commission; and 2) Adoption of Resolution No. 2023-248 appointing one member to the Senior Commission. (Staff contact: Tammy McMinn, City Clerk Department) City Manager’s Recommendation: Adopt the resolutions. Motion by Mayor Blackburn to adopt Resolution No. 2023-247 appointing Kathryn Rangus and Resolution No. 2023-248 appointing Nelson Ross to the Senior Commission. Motion carried unanimously, 5/0. 9. MAYORAL APPOINTMENT OF ONE MEMBER TO THE HOUSING COMMISSION – Adoption of Resolution No. 2023-249 appointing one member to the Housing Commission – At-Large Sept. 26, 2023 Carlsbad City Council Regular Meeting Page 4 Member. (Staff contact: Tammy McMinn, City Clerk Department) City Manager’s Recommendation: Adopt the resolution. Motion by Mayor Blackburn to adopt Resolution No. 2023-249 appointing Chi-Wu-Chang to the Housing Commission. Motion carried unanimously, 5/0. 10. 2023-2030 PARKS & RECREATION DEPARTMENT MASTER PLAN UPDATE – Adoption of a resolution approving a 2023-250 Parks & Recreation Department Master Plan Update. (Staff contact: Kyle Lancaster, Community Services Department) City Manager’s Recommendation: Adopt the resolution. Parks & Recreation Director Kyle Lancaster, Recreation Services Manager Mick Calarco and Next Practice Partners Founder and CEO Neelay Bhatt reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mary Lucid spoke regarding the services at the Senior Center. Ed Gorelick spoke regarding the need for more pickleball courts. Tom Hirschberger spoke regarding the need for more pickleball courts and less tennis courts. Parks & Recreation Commission Chair Bob Winston expressed his approval of the Parks & Recreation Master Plan. Dale Ordas spoke regarding the need for a park in the Southwest Quadrant of Carlsbad. Zakk Sharp spoke regarding how pickleball saved his life and asked for more courts. Preserve Calavera representative Diane Nygaard spoke regarding the need for neighborhood parks that are walkable and accessible within 10 minutes. Shirley Keating-Hudson spoke regarding the need for a park and open space in southwest Carlsbad. Hanover Beach HOA Representative Mark O’Donnell spoke regarding the need for a park in southwest Carlsbad. Jodi Jones spoke regarding the need for a park in the southwest coastal area. In response to Council Member Acosta’s inquiry, Parks & Recreation Director Lancaster gave an overview of the 10 minute walkability to the parks map. In response to Council Member Acosta’s inquiry, Parks & Recreation Director Lancaster explained that Agua Hedionda Lagoon south shore is included in the Trails Master Plan and referenced as Hub Park. Sept. 26, 2023 Carlsbad City Council Regular Meeting Page 5 In response to Council Member Acosta’s inquiry, Parks & Recreation Director Lancaster explained that a separate item will be brought back for the City Council’s consideration regarding pickleball. In response to Council Member Acosta’s inquiry, Next Practice Partners Founder and CEO Bhatt explained how the survey was utilized and how many participants came from each zip code. In response to Mayor Pro Tem Bhat-Patel’s inquiry, Parks & Recreation Director Lancaster explained that converting a tennis court to a pickleball court can be done but would be highly expensive. Motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel, to request staff to return with options for a park in the Southwest Quadrant in the Planning Area F. Council Member Burkholder explained that the motion seemed to be moving forward while ignoring a transportation project along with the state and other entities. Mayor Blackburn explained that he would not be supporting the motion. Motion by Council Member Acosta, seconded by Mayor Pro Tem Bhat-Patel, to request staff to return with options for a park in the Southwest Quadrant. Motion failed, 2/3 (Blackburn, Burkholder, Luna – No). City Attorney McMahon explained that the item already states that there is a bring-back item regarding pickleball courts. Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, directing staff to prioritize the construction of new pickleball courts without the conversion or removal of tennis courts as part of the returning item for City Council’s consideration. Motion carried unanimously, 5/0. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-250. Motion carried unanimously, 5/0. 11. GENERAL FUND SURPLUS POLICY: APPROVAL OF FISCAL YEAR 2022-23 BUDGET CARRYFORWARD REQUESTS AND APPROPRIATION OF FUNDS TO FISCAL YEAR 2023-24 – 1) Adoption of Resolution No. 2023-251 approving the fiscal year 2022-23 budget carryforward requests and appropriation of funds to fiscal year 2023-24 and authorizing capital outlay purchases; and 2) Adoption of Resolution 2023-252 approving the restriction of General Fund reserves in fiscal year 2023-24 to fund the initial contribution to a Section 115 Trust; and 3) Adoption of Resolution No. 2023-253 approving the use of the fiscal year 2022-23 General Fund surplus for appropriation and transfer to the city’s Workers’ Compensation Fund in fiscal year 2023-24; and 4) Adoption of Resolution No. 2023-254 approving the use of the fiscal year 2022-23 General Fund surplus for appropriation and transfer to the city’s Risk Management Fund in fiscal year 2023-24. (Staff contact: Zach Korach, Administrative Services Department) Sept. 26, 2023 Carlsbad City Council Regular Meeting Page 6 City Manager's Recommendation: Adopt the resolutions. Finance Director Zach Korach rand Senior Management Analyst Jeremy Bates reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-251, Resolution No. 2023-252, Resolution No. 2023-253 and Resolution No. 2023-254. 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. Friday, Oct. 6, 2023 3-7 p.m. MiraCosta College Technology Career Institute Community Open House 2075 Las Palmas Dr. Carlsbad, CA CITY MANAGER COMMENTS: Assistant City Manager Patnoe commended t he Parks & Recreation Department and the Finance Department for their work on the presentations. CITY ATTORNEY COMMENTS: City Attorney McMahon echoed Assistant City Manager Patnoe's sentiments. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 7:44 p.m. Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk