HomeMy WebLinkAbout2024-02-13; City Council; MinutesCouncil Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 5 p.m.
ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
PLEDGE OF ALLEGIANCE: Carlsbad Sister Cities President Tom Hersant led the Pledge of
Allegiance.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Blackburn announced that the City
Council is serving as the Carlsbad City Council and the Carlsbad Municipal Water District Board of
Directors on Consent Calendar Item No. 4.
APPROVAL OF MINUTES:
Minutes from the Special Meeting held Feb. 1, 2024
Minutes from the Special Meeting held Feb. 6, 2024
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the Feb.
1, 2024, minutes. Motion carried unanimously, 5/0.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the Feb.
6, 2024, minutes. Motion carried, 4/0/1 (Luna – Abstain).
PRESENTATIONS: None.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None.
PUBLIC COMMENT:
Tom Hersant representing Carlsbad Sister Cities spoke regarding Sister Cities involvement in the
city.
Christian Peacox spoke regarding his concerns with proposed sites 10 and 11 that were discussed
during the Jan. 30, 2024, meeting.
Kris Wright thanked staff regarding their work on the Housing Element.
CONSENT CALENDAR:
City Attorney Cindie McMahon announced that Item #4 asks Council to take three actions. The
first two were to adopt resolutions, approving plans and specifications and contract documents.
The third request was for the Council to adopt a resolution authorizing the executive Manager of
the Carlsbad Municipal Water District to execute a license agreement with NCTD. She stated that
the third item requires additional legal review, and will be returned to staff and Council will only
take action on the first two recommended actions.
Feb. 13, 2024, 5 p.m.
Feb. 13, 2024 Carlsbad City Council Regular Meeting Page 2
City Attorney Cindie McMahon announced that the change for Item #6 is clerical that requires a
change in the staff report and the resolution referring to the size of the pipe. Ms. McMahon
stated the pipe size referenced in the staff report and resolution was 18 inches and the correct
size is 24 inches and that staff will administratively make the appropriate changes to the staff
report and resolution.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 through 6. Motion carried unanimously, 5/0.
1. REPORT ON CITY INVESTMENTS AS OF DEC. 31, 2023 – Accept and file Report on City
Investments as of Dec. 31, 2023. (Staff contact: Craig Lindholm and Zach Korach,
Administrative Services Department)
This item was pulled for discussion.
2. AGREEMENT WITH DYETT & BHATIA, URBAN AND REGION PLANNERS TO ASSIST THE CITY
WITH IMPLEMENTATION OF HOUSING ELEMENT PROGRAMS 4.1, 4.2, 4.3 AND 6.1 – Adoption
of Resolution No. 2024-025 approving a professional services agreement with Dyett & Bhatia,
Urban and Region Planners for analysis, community engagement, and reporting to assist the
City with implementation of Carlsbad Housing Element Programs 4.1, 4.2, 4.3 and 6.1 for a
total amount not to exceed $350,000. (Staff contact: Jennifer Jesser, Community Services
Department)
3. AUTHORIZE THE COOPERATIVE PURCHASE OF JANITORIAL SUPPLIES FROM WAXIE’S
ENTERPRISES, INC. DBA WAXIE SANITARY SUPPLY THROUGH THE REGION 14 EDUCATION
SERVICES CENTER – Adoption of Resolution No. 2024-026 authorizing the cooperative
purchase of janitorial supplies from Waxie’s Enterprises, Inc. dba Waxie Sanitary Supply, in
an amount not to exceed $200,000 per fiscal year. (Staff contact: Barney Dresman, Public
Works Department)
4. ADVERTISE FOR BIDS FOR THE CARLSBAD BOULEVARD WATER & SEWER LINE
IMPROVEMENTS AT TERRAMAR PROJECT, CIP PROJECT NOS. 5048 AND 5503-20 – 1)
Adoption of a Carlsbad Municipal Water District Board of Directors Resolution No. 1728
approving the plans, specifications and contract documents and authorizing the Secretary of
the Board of Directors to advertise for bids for the Carlsbad Boulevard Water Line
Improvements at Terramar project; and
2) Adoption of a City Council Resolution No. 2024-027 approving the plans, specifications and
contract documents and authorizing the City Clerk to advertise for bids for the Carlsbad
Boulevard Sewer Line Improvements at Terramar Project; and
3) Adoption of a Carlsbad Municipal Water District Board of Directors resolution authorizing
the Executive Manager to execute a license agreement between the North County Transit
District and the Carlsbad Municipal Water District for the Carlsbad Boulevard Water Line
Improvements at Terramar Project. (Staff contact: Dave Padilla and Sean Diaz, Public Works
Department)
Feb. 13, 2024 Carlsbad City Council Regular Meeting Page 3
5. PROCLAMATION OF A STORM-RELATED EMERGENCY FOR REMOVAL OF SEDIMENT AND
VEGETATION ON THE BUENA VISTA CREEK CONCRETE CHANNEL NEAR EL CAMINO REAL –
Adoption of Resolution No. 2024-028 ratifying the Acting Director of Emergency Services’s
proclamation of a storm-related emergency for removal of sediment and vegetation on the
Buena Vista Creek Concrete Channel near El Camino Real. (Staff contact: Tom Frank, Public
Works Department)
6. PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A STORM DRAIN
PIPELINE ON CARLSBAD VILLAGE DRIVE NEAR PONTIAC DRIVE – Adoption of Resolution No.
2024-029 ratifying the Acting Director of Emergency Services’s proclamation of a storm-
related local emergency for repair of a storm drain pipeline on Carlsbad Village Drive near
Pontiac Drive. (Staff contact: Tom Frank, Public Works Department)
CONSENT CALENDAR ITEM PULLED:
2. AGREEMENT WITH DYETT & BHATIA, URBAN AND REGION PLANNERS TO ASSIST THE CITY
WITH IMPLEMENTATION OF HOUSING ELEMENT PROGRAMS 4.1, 4.2, 4.3 AND 6.1 – Adoption
of Resolution No. 2024-025 approving a professional services agreement with Dyett & Bhatia,
Urban and Region Planners for analysis, community engagement, and reporting to assist the
City with implementation of Carlsbad Housing Element Programs 4.1, 4.2, 4.3 and 6.1 for a
total amount not to exceed $350,000. (Staff contact: Jennifer Jesser, Community Services
Department)
Christian Peacox requested additional information regarding the scope of work.
In response to a request from Mayor Blackburn, Community Development Director Jeff
Murphy explained that the contract will cover upwards of four different programs that are in
the Housing Element in which the consultant will assist in developing tasks and actions.
Community Development Director Murphy further explained that there was a rigorous
request for proposal, there were applicants that were reviewed, and this was a consultant
that was selected above all the others based on their experience and their cost.
City Attorney Cindie McMahon explained that the contracts require certain contractors to be
subject to the same filing requirements that Council is required to file, and this piece of the
contract is not identifying a conflict, it is identifying this person as someone who must file a
Conflict of Interest Form 700.
BOARD AND COMMISSION MEMBER APPOINTMENTS: None.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING: None.
Feb. 13, 2024 Carlsbad City Council Regular Meeting Page 4
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. HOUSING ELEMENT PROGRAM 3.5 OBJECTIVE (A): UPDATE THE CITY’S MINOR HOME REPAIR
PROGRAM – Adoption of Resolution No. 2024-030 approving updates to the city’s Minor
Home Repair Program to implement Housing Element Program 3.5, Objective (a), and
authorize the use of up to $100,000 of Housing Trust Funds for the program annually. (Staff
contact: Nicole Piano-Jones, Community Services Department)
City Manager’s Recommendation: Adopt the resolution.
Housing & Homeless Services Director Mandy Mills and Program Manager Erin Peak
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Housing & Homeless Services Director Mills stated that the City Attorney recommended
adding a new recital to the resolution: “WHEREAS, senor households, veteran households,
and/or disabled households often have limited ability to pay for home repairs and are at
greater risk of displacement from their homes; and,” and adding the following amendment
“to the extent permitted by law” to the eligibility requirement of the minor home repair
manual on Attachment A, page 3.
In response to an inquiry from Mayor Blackburn, Housing & Homeless Services Director Mills
explained that the current program is a forgivable loan, and they are recommending a change
that it is payable upon sale, vacancy or transfer.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2024-030 with the proposed amendments. Motion carried unanimously, 5/0.
8. MCCLELLAN-PALOMAR AIRPORT – NOISE ABATEMENT ADVISORY LETTERS FOLLOW-UP –
Receive an update on the city’s efforts to address noise complaints about flights in and out
of McClellan-Palomar Airport and direct the City Manager or designee to work with the
county to request a Federal Aviation Administration community roundtable to resolve
differences between the county’s recommended flight procedures and FAA flight control
practices. (Staff contact: Jason Haber, City Manager Department)
City Manager’s Recommendation: Receive the update.
Intergovernmental Affairs Director Jason Haber presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Vickey Syage expressed concerns regarding the Voluntary Noise Abatement Program (VNAP)
program.
Frank Sung expressed concerns with VNAP program adherence.
Feb. 13, 2024 Carlsbad City Council Regular Meeting Page 5
In response to an inquiry from Mayor Blackburn, Intergovernmental Affairs Director Haber
explained that there is not a single agency that maintains data or information on flight
operations that deviate from the flight paths of the VNAP. He further explained that VNAP is
a County adopted protocol and direction from traffic control comes from the FAA and once
they are in the air, the county doesn’t follow up with those pilots.
The City Council received the report and directed staff to convene a roundtable with airport
staff. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta. Motion
carried unanimously, 5/0.
Mayor Blackburn called for a recess at 5:46 p.m.
Mayor Blackburn reconvened the meeting at 5:56 p.m.
9. MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY
COMMITTEE – Authorize the City Manager or designee to prepare a letter for the Mayor’s
signature to the San Diego County Board of Supervisors regarding a county ordinance to
amend the San Diego County Administrative Code regarding membership and selection of the
San Diego County Palomar Airport Advisory Committee. (Staff contact: Jason Haber, City
Manager Department)
City Manager’s Recommendation: Provide direction to staff.
Intergovernmental Affairs Director Jason Haber presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Suzie Thorley expressed concerns regarding the current selection process of airport board
members due to conflicts of interest.
Vickey Syage spoke regarding the selecting process of the San Diego County Palomar Airport
Advisory Committee.
Christian Peacox spoke regarding his concerns with the San Diego County Palomar Airport
Advisory Committee.
Frank Sung spoke regarding his concerns with the San Diego County Palomar Airport Advisory
Committee.
In response to an inquiry from Council Member Burkholder, Intergovernmental Affairs
Director Haber explained that the County of San Diego handles their conflict-of-interest
violations differently than the City of Carlsbad.
Feb. 13, 2024 Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Council Member Burkholder, City Attorney McMahon
explained that the particular appointment is not covered by the board and commission rules
because it comes from the County.
Council Member Burkholder requested to add to the letter to the San Diego County Board of
Supervisors that the County of San Diego is to adhere to 8-year term limits.
In response to an inquiry from Council Member Burkholder’s request, Intergovernmental
Affairs Director Haber explained that there is a hold over provisions in their code so if an
appointees term expires or reaches the limit, until they are replaced by the supervisor, their
appointment continues to hold over on an undefined basis until they are replaced or until the
term of the appointing supervisor ends.
In response to an inquiry from Council Member Acosta, Intergovernmental Affairs Director
Haber explained that the Palomar Airport Advisory Committee Members are able to serve
two consecutive terms on a particular assignment but if the seat is not re-appointed there is
an automatic provision for a hold over until the position is filled.
Council Member Acosta requested to add to the letter that they are to clarify and enforce
their term limits.
In response to an inquiry from Council Member Acosta, Intergovernmental Affairs Director
Haber explained that no more than three members should have a financial interest in the
airport operations and under the new framework, it specifically indicated that one member
appointed by the Chief Administrative Officer should have a professional or financial interest
to the airport.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Intergovernmental Affairs Director
Haber explained that there is not a way to ensure that the San Diego County Board of
Supervisors will not override the candidates that Carlsbad recommended unless the County
Supervisors adds language to their code that relinquish that decision making authority but is
unsure the County Supervisors have the authority to make those changes.
Mayor Pro Tem Bhat-Patel, requested to add to the letter asking how members are recusing
themselves with regards to financial interests, the overriding of term limits and taking heed
of who the city puts forward as candidates and they do not override that.
Council Member Acosta agreed with the original recommendations and would like the
additions of conflict of interest language and term limits concerns.
In response to an inquiry from Council Member Luna, Intergovernmental Affairs Director
Feb. 13, 2024 Carlsbad City Council Regular Meeting Page 7
Haber explained that they would try to transmit the letter before the February 28, 2024,
Board of Supervisor’s meeting to be incorporated into the record.
In response to an inquiry from Mayor Blackburn, Intergovernmental Affairs Director Haber
explained that the County Counsell is present for Board and Supervisors meetings, but not
present for Palomar Airport Authority Committee (PAC) meetings.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to move forward
with City Council requests and moving staff recommendation. Motion carried unanimously,
5/0.
10. OPTIONS FOR CONSTRUCTION OF PICKLEBALL COURTS AT EXISTING PARKS – Adoption of
Resolution No. 2024-031 approving a Fiscal Year 2023-24 Capital Improvement Program
Project charter for the construction of four new outdoor pickleball courts at Calavera Hills
Community Park and four new outdoor pickleball courts at Stagecoach Community Park and
authorizing the City Manager or designee to appropriate $300,000 from the Public Facilities
Fee Fund to the Fiscal Year 2023-24 Capital Improvement Program Budget for the scoping,
initial design and final design phases of this project. (Staff contact: Kyle Lancaster,
Community Services Department)
City Manager’s Recommendation: Adopt the resolution.
Parks & Recreation Director Kyle Lancaster and Park Planning Manager Nick Stupin presented
the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Linda Whittaker spoke against the construction of pickleball courts due to noise disturbances.
In response to an inquiry from Mayor Pro Tem Bhat-Patel, Parks & Recreation Director Kyle
Lancaster explained that for sound attenuation, acoustic-fence matting will be used, and
courts will be open from 8 a.m. to 10 p.m.
In response to an inquiry from Council Member Acosta, Parks & Recreation Director Kyle
Lancaster explained that there currently is not regulations on who uses Poinsettia Park
pickleball courts and it is first come, first serve basis. He further explained that that lessons
are not permitted on a private basis on pickleball or tennis courts at this time.
In response to an inquiry from Council Member Burkholder, Parks & Recreation Director Kyle
Lancaster explained that the project duration is anticipated to be 24-28 months.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2024-031. 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.
Feb. 13, 2024 Carlsbad City Council Regular M eeting Page 8
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 6:51 p.m.
QfJu
Ana Marie Alarcon, CMC
Deputy City Clerk