HomeMy WebLinkAbout2024-03-12; 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.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bhat-Patel led the Pledge of Allegiance.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
APPROVAL OF MINUTES:
Minutes from the Regular Meeting held Jan. 30, 2024
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 Women’s History Month
Council Member Burkholder presented the proclamation to Engineering Technician Sara Jadhav.
Recognition of Donation from Friends of Carrillo Ranch, Inc.
Mayor Blackburn presented the proclamation to Rick Evans, Vice President, Friends of Carrillo
Ranch, Inc. and Sr. Program Manager, Majka Penner.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
City Attorney Cindie McMahon announced that the City Council voted unanimously to direct the
City Attorney’s Office to engage outside housing counsel to represent the City on Windsor Pointe
matters.
PUBLIC COMMENT:
Theresa Kirkham requested the City allow her to sell her condominium at market rate due to her
circumstances.
Craig expressed his concern regarding ocean pollution and various other topics.
CONSENT CALENDAR:
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent
Calendar Item Nos. 1 through 7. Motion carried unanimously, 5/0.
1. REPORT ON CITY INVESTMENTS AS OF JAN. 31, 2024 – Accept and file Report on City
Investments as of Jan. 31, 2024. (Staff contact: Zach Korach and Craig Lindholm,
Administrative Services Department)
March 12, 2024, 5 p.m.
March 12, 2024 Carlsbad City Council Regular Meeting Page 2
2. ANNUAL INVESTMENT POLICY UPDATE – Adoption of Resolution No. 2024-042 approving the
City’s Investment Policy dated March 12, 2024. (Staff contact: Zach Korach, Administrative
Services Department)
3. AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN
ENGINEERING INC. FOR BUILDING AND SAFETY SERVICES – Adoption of Resolution No. 2024-
043 approving Amendment No. 2 to the Professional Services Agreement with Willdan
Engineering Inc. to increase the total not-to-exceed compensation amount to $140,000 in
years one and two of the contract to provide continued temporary staffing and building and
safety services. (Staff contact: Mike Strong, Community Services Department)
4. AGRICULTURAL CONVERSION MITIGATION FEE FUNDS FOR BATIQUITOS LAGOON
FOUNDATION PROJECTS – Adoption of Resolution No. 2024-044 approving a $35,287 transfer
of Agricultural Conversion Mitigation Fee funds from Batiquitos Lagoon Foundation Project
AGP 06-12 to Batiquitos Lagoon Foundation Project AGP 09-03, a $120,236 appropriation for
upcoming costs associated with the projects, and an additional appropriation of $5,000 for
AGP 06-12 to align the current FY 2023-24 Agricultural Conversion Mitigation Fee Program
Budget and authorizing the City Manager to execute funding agreements with the Batiquitos
Lagoon Foundation. (Staff contact: Nicole Piano-Jones, Community Services Department)
5. ACCEPTING A $10,310 DONATION FROM THE FRIENDS OF CARRILLO RANCH, INC. – Adoption
of Resolution No. 2024-045 accepting a $10,310 donation from the Friends of Carrillo Ranch,
Inc. to the City of Carlsbad Parks & Recreation Department in support of the California History
& Art Field Trip Program at Leo Carrillo Ranch Historic Park. (Staff contact: Majka Penner,
Community Services Department)
6. AGREEMENT WITH SPACESAVER INTERMOUNTAIN, LLC FOR ADDITIONAL LOCKERS AND
REVISING THE MEN’S LOCKER ROOM LAYOUT AT THE POLICE & FIRE HEADQUARTERS, CIP
PROJECT NO. 4715 – Adoption of Resolution No. 2024-046 authorizing execution of an
agreement with Spacesaver Intermountain, LLC to provide additional lockers for the Police
and Fire Headquarters Renovation Project and revise the men’s locker room layout and
authorizing an additional appropriation in the amount of $157,160 from the General Capital
Construction Fund for the project, CIP Project No. 4715. (Staff contact: Steven Stewart, Public
Works Department and Mickey Williams, Police Department)
7. CONTINUATION OF PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY FOR
REMOVAL OF SEDIMENT AND VEGETATION ON THE BUENA VISTA CREEK CONCRETE
CHANNEL NEAR EL CAMINO REAL AND AUTHORIZATION OF ADDITIONAL APPROPRIATIONS
FOR THIS EMERGENCY – Adoption of Resolution No. 2024-047 continuing the proclamation
of a storm-related local emergency for removal of sediment and vegetation in the Buena Vista
Creek Concrete Channel near El Camino Real and authorizing additional appropriations in the
amount of $474,000 for the Storm Drain System Rehabilitation and Repair Program. (Staff
contact: Tom Frank, Public Works Department)
BOARD AND COMMISSION MEMBER APPOINTMENTS: None.
ORDINANCES FOR INTRODUCTION: None.
March 12, 2024 Carlsbad City Council Regular Meeting Page 3
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARING:
Council Member Burkholder recused herself from Public Hearing Item #8 due to a conflict of
interest, as she owns property in the area.
8. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE CITY ENGINEER’S DECISION TO APPROVE
THE GRADING FINAL PUNCH LIST, RELEASE SECURITIES AND APPROVE THE NOTICE OF
COMPLETION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR GRADING PERMIT NO.
GR2021-0016 – Adoption of Resolution No. 2024-048 denying the appeal and affirming the
City Engineer designee’s approval of the Grading Final Punch List, release of grading securities
and approval of the Notice of Completion and Acceptance of Public Improvements for
Grading Permit No. GR2021-0016. (Staff contact: Paz Gomez, Public Works Department and
Gina Herrera, City Attorney Department)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the
resolution.
Deputy City Manager of Public Works Paz Gomez and Assistant City Attorney Gina Herrera
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Appellant Josh Edwards spoke regarding water runoff onto his property from an adjacent
property.
Lee Andelin, representing Josh Edwards, spoke in favor of the appellants.
Applicant Scott Sarem spoke in favor of the City Manager’s recommendation.
Mayor Blackburn opened the duly noticed public hearing at 5:47 p.m.
Seeing no one wishing to speak on this item, Mayor Blackburn closed the duly noticed public
hearing at 5:47 p.m.
In response to an inquiry from Mayor Blackburn, Engineering Manager Jason Geldert
explained that there is no direct mediation between the appellant and the applicant. Mr.
Geldert further explained that the Edwards may allow an easement through their property.
Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt
Resolution No. 2024-048. Motion carried, 4/0/1 (Burkholder – Abstain).
Mayor Blackburn called for a recess at 5:53 p.m.
Mayor Blackburn reconvened the meeting at 6:08 p.m.
March 12, 2024 Carlsbad City Council Regular Meeting Page 4
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. UPDATE ON AFFIRMED HOUSING’S WINDSOR POINTE AFFORDABLE HOUSING PROJECT AND
POTENTIAL ACTIONS TO ADDRESS CONCERNS – Receive an update on the city’s efforts to
address concerns about Affirmed Housing’s Windsor Pointe Affordable Housing Project and
direct designees to work with appropriate entities to resolve concerns. (Staff contact: Mandy
Mills, Community Services Department and Mickey Williams, Police Department)
City Manager’s Recommendation: Receive the report and provide direction to staff.
Mayor Blackburn disclosed that he had an interest with ConAm Management regarding
another one of their housing projects and if any topic regarding ConAm arises, he would
recuse himself.
Council Members disclosed that they had been in touch with many residents of Windsor
Pointe.
Housing & Homeless Services Director Mandy Mills and Police Chief Mickey Williams
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Vice President of Asset Management for Affirmed Housing Jonathan Taylor said a few words.
Senior Advisor Jeff Nguyen for District 3 for County Board of Supervisor Tara Lawson-Remer
said a few words.
Mark Packard requested that the housing project be deemed a public nuisance or found in
violation of the lease agreement in order to terminate the lease and shut the building down.
Denis Jensen voiced concerns with the Windsor Pointe residents and requests its closure.
Rosanne Bentley requested an emergency plan be put in place and to allow more veterans to
be housed at Windsor Pointe.
Timothy Schneider spoke in favor of low-income housing.
Robert Lee expressed concerns regarding Windsor Pointe.
Lori Robbins expressed concerns regarding Windsor Pointe.
Teri Jacobs expressed concerns regarding Windsor Pointe.
Holly Herring spoke in favor of Windsor Pointe.
March 12, 2024 Carlsbad City Council Regular Meeting Page 5
Ross Stensrud expressed concerns regarding Windsor Pointe.
Lauren Hallar expressed concerns regarding Windsor Pointe.
Michael Schertzer criticized the laws the State of California put in place regarding affordable
housing.
Phyllis Brealey spoke in favor of Windsor Pointe.
Matthew Kearney spoke in favor of Windsor Pointe.
Jim Barnhill expressed concerns regarding Windsor Pointe
Socorro Anderson regarding affordable housing in California.
Vanessa Graziano spoke in favor of Windsor Pointe.
Julie Ajdour expressed concerns regarding Windsor Pointe.
Executive Director of Living Experience Advisors John Brady spoke in favor of Windsor Pointe.
Patrick Gilligan spoke in favor of Windsor Pointe.
Julie Porter spoke in favor of Windsor Pointe.
Dennis Larking spoke in favor of Windsor Pointe.
Renee Antonacci expressed concerns regarding Windsor Pointe.
Living Experience Advisors Representative Natalie Rutschke spoke in favor of Windsor Pointe.
Living Experience Advisors Representative Rachel Hayes spoke in favor of Windsor Pointe.
Maril Adrian expressed concerns about mentally ill individuals living in mainstream society
but supports affordable housing.
Maureen Mo Muir expressed concerns regarding Windsor Pointe.
Fran Sesti suggested more security and a different housing owner.
Laura Benusis expressed concerns regarding Windsor Pointe.
March 12, 2024 Carlsbad City Council Regular Meeting Page 6
Josh O’Connor expressed concerns regarding Windsor Pointe.
In response to Mayor Blackburn, Housing & Homeless Services Director Mandy Mills
explained that the number of veterans originally housed were twelve, of those, two were
Carlsbad residents. Director Mills further explained that veteran benefits are too high to
qualify to live at Windsor but not enough to live on their own.
In response to Mayor Blackburn, Housing & Homeless Services Director Mills explained that
the majority of calls to the Police Department were for seven residents and of those, one has
been evicted, two are in process of being evicted and there are other residents who have
moved out voluntarily due to violations.
In response to Mayor Blackburn, City Attorney Cindie McMahon reiterated that during closed
session, the City Council voted unanimously to direct the City Attorney to retain outside
counsel to address Windsor Pointe matters.
In response to Mayor Pro Tem Bhat-Patel, Housing & Homeless Services Director Mills
explained that there are two levels of service at the property, Interfaith, which is contracted
by Windsor Pointe and is for all residents and the Alpha Project, which is contracted by the
County of San Diego.
In response to Mayor Pro Tem Bhat-Patel, City Attorney McMahon explained that if there was
a violation, the City would notify the project owner who would be given an opportunity to
cure the violation and if the violation was not cured, the City would declare a default.
In response to Mayor Pro Tem Bhat-Patel, Housing & Homeless Services Director Mills
explained that background checks are required for anyone living on the property but not for
guests.
In response to Council Member Burkholder, City Attorney McMahon explained that there are
many impediments to declare Windsor Pointe a nuisance.
In response to Council Member Burkholder, Housing & Homeless Services Director Mills
explained that there were six Carlsbad residents who lived at Windsor Pointe.
Council Member Burkholder requested an update on the number of Carlsbad residents and
veterans who currently live at Windsor Pointe.
In response to Council Member Luna, Police Chief Williams explained that he expects security
guards at the property to have higher competency than entry level security guards and would
like to hire them for 24 hours, 7 days a week at each location.
March 12, 2024 Carlsbad City Council Regular Meeting Page 7
In response to Council Member Luna, ConAm Vice President of Asset Management Jonathan
Taylor explained that they could provide overnight security coverage at one of the sites and
the security guard can go back and forth between the two sites.
Motion by Mayor Blackburn, seconded by Council Member Burkholder, directing staff to
compose a management plan before April 9, 2024, and be brought to Council before that
time. The management plan should include:
• an amended guest policy for check in and check out
• one security guard for each site when staff is not available for check in and check
out
• 24 hour monitored security. Motion carried, 4/1 (Luna – No).
Council Member Luna stated that she wanted more security at Windsor Pointe.
Motion by Mayor Blackburn, seconded by Council Member Burkholder, directing staff to:
• develop and implement a plan within 45 days to urge the County of San Diego to
allow new Windsor Pointe residents housed under the No Place Like Home
funding to start with a higher level of service with the option to move to a lower
level if appropriate, rather than starting with minimal services and adding as
needed.
• work with the city’s Director of Intergovernmental Affairs and the city’s contracted
lobbyists, develop and implement a legislative advocacy strategy within 60 days
to effectively lobby for supportive housing to be fully funded at the state and
federal levels to provide adequate levels of service. Motion carried unanimously,
5/0.
10. CONTINUATION OF PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR
OF THE SLOPE BETWEEN EL CAMINO REAL AND TRIESTE DRIVE, APPROVAL OF PLANS AND
AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THIS EMERGENCY, CIP PROJECT NO.
6107 – Adoption of Resolution No. 2024-049 continuing the proclamation of a storm-related
local emergency for repair of the slope between El Camino Real and Trieste Drive, approving
the plans and authorizing additional appropriations in the amount of $955,000 for the Trieste
Drive Slope Repair, Capital Improvement Program Project No. 6107. (Staff contact: Tom
Frank, Public Works Department)
City Manager’s Recommendation: Adopt the resolution.
Transportation Director Tom Frank presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Motion by Council Member Luna, seconded by Council Member Burkholder, to adopt
Resolution No. 2024-049. Motion carried unanimously, 5/0.
March 12, 2024 Carlsbad City Council Regular Meeting Page 8
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.
Wednesday, March 13, 2024
2 p.m.
City of Carlsbad Annual Police Awards Ceremony
Safety Training Center
5750 Orion St.
Carlsbad, CA
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8:57 p.m.
Ana Marie Alarcon, CMC
Deputy City Clerk