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Home My WebLink About2024-07-16; City Council; MinutesCITY COUNCIL Minutes July 16, 2024, 5 p.m. CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Pat~I, Acosta, Burkholder. Absent: Luna. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 PLEDGE OF ALLEGIANCE: City Manager Scott Chadwick led the Pledge of Allegiance. ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the City of Carlsbad City Council a_nd the Carlsbad Municipal Water Di strict Board of Directors on Consent Calendar Item No. 6, and the Carlsbad Municipal Water District Board of Directors on Ordinance for Adoption Item No. 10. APPROVAL OF MINUTES: Minutes of the Regular Meeting Held on April 16, 2024 Minutes of the Regular Meeting Held on April 23, 2024 Minutes of the Regular Meeting Held on May 7, 2024 Mot\on by Mayor Pro Tern Bhat-Patel, seconded by Council ·Member Acosta, to approve the minutes as presented. Motion carried, 4/0/1 (Luna -Absent). PRESENTATIONS: Recognition of a donation from the Carlsbad Friends of the Arts Library an d Cultural Arts Director Suzanne Smithson accepted the donation and said a few words. Recognition of a donation from the Friends of the Carlsbad Library Library and Cultural Arts Director Suzanne Smithson accepted the donation and said a few words. Friends of the Carlsbad Library Member Taffy Cannon said a few words. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION : None. PUBLIC COMMENT: Mary Lucid expressed concerns regarding the services being offered at the Senior Center. Lance Schulte expressed his concerns with the qualifications to run for Carlsbad City Treasurer. Bryant Rumbaugh spoke regarding political division and suggested removing the money from political campaigns. Vanessa Forsythe expressed that she is in support of the Carlsbad Climate Action Plan and is against synthetic turf use at Robertsons Ranch Park. Dianna Ricker spoke expressed her concern with being targeted by a family court attorney. July 16, 2024 Carlsbad City Council Regular Meeting Page 2 CONSENT CALENDAR: Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1 through 8. Motion carried, 4/0/1 (Luna -Absent). 1. DONATION FROM THE CARLSBAD FRIENDS OF THE ARTS -Adoption of Resolution No. 2024- 166 accepting a donation of $35,000 from the Carlsbad Friends of the Arts to the City of Carlsbad Library & Cultural Arts Department. (Staff contact: Suzanne Smithson, Community Services Department) 2. DONATION FROM THE FRIENDS OF THE CARLSBAD LIBRARY -Adoption of Resolution No. 2024-167 accepting a donation of $100,000 from the Friends of the Carlsbad Library to the City of Carlsbad Library & Cultural Arts Department. (Staff contact: Suzanne Smithson, Community Services Department) 3. ESTABLISH FISCAL YEAR 2024-25 SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1 Adoption of Resolution No. 2024-168 establishing the fiscal year 2024-25 special taxes for Community Facilities. District No. 1. (Staff contact: Roxanne Muhlmeister, Administrative Services Department) 4. FIFTH AMENDMENT TO THE RETAIL LEASE AGREEMENT WITH HOUSE MARTEL LLC TO EXTEND THE EXISTING LEASE AGREEMENT FOR THE CHAPTERS CAFE AT THE CITY LIBRARY - Adoption of Resolution No. 2024-169 approving the ratification of the fifth amendment to the retail lease agreement with House Martel, LLC to extend the lease agreement for a period of five years for the Chapters Cafe at the Carlsbad City Library, extending the payoff date of the deferred rent payments until the end of the amended term and authorizing the City Manager to execute the lease amendment and to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the amendment. (Staff contact: Curtis Jackson, Community Services Department) 5. LEASE AGREEMENT WITH THE MAAC PROJECT TO OPERATE A HEAD START PRESCHOOL PROGRAM AT 3368 EUREKA PLACE -Adoption of Resolution No. 2024-170 authorizing the execution of a lease agreement with Metropolitan Area Advisory Committee on Anti-Poverty in San Diego County, Inc. dba MAAC Project, to operate a Head Start preschool program at the city-owned property located at 3368 Eureka Place. (Staff contact: Curtis Jackson, Community Services Department) Bryant Rumbaugh spoke regarding the head start program. 6. AMENDMENT TO THE AGREEMENT FOR SYSTEM INTEGRATOR SERVICES TO REPLACE THE WATER AND WASTEWATER SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEMS -1) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1744 approving Amendment No. 1 to the professional services agreement with Partners in Control, Inc., dba Enterprise Automation, for system integrator services for Phase 1 of the project to replace the water and wastewater supervisory control and data acquisition systems; and July 16, 2024 Carlsbad City Council Regular Meeting Page 3 2) Adoption of City Council Resolution No. 2024-171 authorizing the use of the Sewer Replacement Fund for the city's portion of Amendment No. 1 to the professional services agreement with Partners in Control, Inc., dba Enterprise Automation, for system integrator services for Phase 1 of the project to replace the water and wastewater supervisory control and data acquisition systems. (Staff contact: Kyle James and Stephanie Harrison, Public Works Department) 7. AWARD OF CONTRACT TO VSS INTERNATIONAL, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2023 SLURRY SEAL PROJECT, CIP PROJECT NO. 6001~23SS -1) Adoption of Resolution No 2024-172 accepting bids and awarding a construction contract to VSS International, Inc. in an amount not to excee_d $6,640,120 for the Z023 Slurry Seal Project, Capital Improvement Program Project No. -~001-23SS; and 2) Adoption of Resolution No 2024-173 author-izing execution of a professional services agreement with Reddy · Engineering Services, Inc. to provide con_struction management, inspection, and materials testing services in an amount not to exceed $415,379 for the 2023 _· Slurry Seal Project, Capital Improvement Program Project No. 6001-23SS. (Stsff con.tact: Eric Zielke, Hossein Ajideh and Emily Hasegawa, Public Works Department) 8. TERMINATION OF PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF THE SLOPE BETWEEN EL CAMINO REAL AND TRIESTE DRIVE (CIP .. PROJECT NO. 6107) - Adoption of Resolution No 2024-174 terminating the proclamation of a storm-related local emergency for repair of the slope between El Camino Real and Trieste Drive. (Staff contact: Tom Frank, Public Works Department) BOARD AND COMMISSION MEMBER APPOINTMENTS: None. ORDINANCES FOR INTRODUCTION: 9. RESTRICTING OVERNIGHT PARKING ON BABILONIA STREET-1) Introduction of an ordinance amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by adding Section 10.40.303 to restrict parking along the west curb line of Babilonia Street, from the south property line of 7151 Babilonia Street to the north property line of 7233 Babilonia Street between the hours of 11 p.m. and 5 a.m.; or 2) Introduction of Ordinance No. CS-471 amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by adding Section 10.40.303 to restrict parking along the west and east curb lines of Babilonia Street, from the south property line of 7151 Babilonia Street to the north property line of 7233 Babilonia Street between the hours of 11 p.m. to 5 a.m. (Staff contact: Alonso DeVelasco, Police Department) City Manager's Recommendation: Introduce one of the proposed ordinances. Police Lieutenant Alonso DeVelasco presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Scott Masters spoke regarding time preference and requested that only the problem side of July 16, 2024 Carlsbad City Council Regular Meeting Page 4 the street have the enforcement. Motion by Mayor Blackburn, seconded by Mayor Pro Tern Bhat-Patel, to introduce Ordinance No. CS-471, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by adding Section 10.40.303 to restrict parking along the west and east curb lines of Babilonia Street, from the south property line of 7151 Babilonia Street to the north property line of 7233 Babilonia Street between the hours of 11 p.m. to 5 a.m. Motion carried, 4/0/1 (Luna - Absent). ORDINANCES FOR ADOPTION: 10. ORDINANCE NO. 49 -CODIFICATION OF ORDINANCES NO. 1 THROUGH NO. 48-Adoption of Carlsbad Municipal Water Districf Board of Directors Ordinance No. 49 codifying, restating and amending drdinances No. 1 through No. 48, except any ordinance previously repealed of the Carlsba~ Municipal Water District Code. (St~ff contact: Sheila Cobian, City Manager Department) City Manager's Recommendation: Adopt Ordinance No. 49. Motion by Mayor Blackburn, seconded by Mayor Pro Tern Bhat-Patel, to adopt Ordinance No. 49. Motion carried, 4/0/1 (Luna -Absent). PUBLIC HEARING: 11. FISCAL YEAR 2024-25 FINAL ENGINEER'S REPORT AND ANNUAL LEVY OF ASSESSMENTS IN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1, A SPECIAL ASSESSMENT DISTRICT -1) Hold a public hearing; and 2) Adoption of Resolution No 2024-175 confirming the diagram of the assessment district and assessment amounts, ordering maintenance work to be performed and authorizing the levy of the annual assessment for fiscal year 2024-25 for Street Lighting and Landscaping District No. 1, a specia l assessment district. (Staff contact: Katie Schroeder, Administrative Services Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Senior Accountant Katie Schroeder 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 6:03 p.m. Seeing no one wishing t o speak on this item, Mayor Blackburn closed the duly noticed public hearing at 6:03 p.m. M otion by Mayor Pro Te rn Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-175. Motion carried, 4/0/1 (Lun a -Absent). July 16, 2024 Carlsbad City Council Regular Meeting Page 5 12. FISCAL YEAR 2024-25 FINAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, A SPECIAL ASSESSMENT DISTRICT -1) Hold a public hearing; and 2) Adoption of Resolution No 2024-176 confirming the diagram and assessment, ordering maintenance work to be performed and authorizing the levy of the annual assessment for fiscal year 2024-25 for Street Lighting and Landscaping District No. 2, a special assessment district. (Staff contact:·Katie Schroeder, Administrative Services Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Senior Accountant Katie Schroeder presented the report and reviewed a PowerPoint presentation (on file in the Office ~f the'City Clerk):· Mayor Blackburn opened the duly noticed public hearing at 6:06 p.m. Seeing no one wishing to speak on this item, Mayor Blackburn closed the duly noticed public hearing at 6:06 p.m. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-176. Motion carried, 4/0/1 (Luna -Absent). DEPARTMENTAL AND CITY MANAGER REPORTS: 13. HOUSING COMMISSION JANUARY 2023 -JUNE 2024 WORK PLAN REPORT AND FISCAL YEAR 2024-25 HOUSING COMMISSION WORK PLAN -Adoption of Resolution No. 204-177 accepting the Housing Commission January 2023 -June 2024 Work Plan Report and approving the Fiscal Year 2024-25 Housing Commission Work Plan. (Staff contact: Christian Gutierrez, Community Services Department) City Manager's Recommendation: Adopt the resolution. Housing Services Manager Christian Gutierrez presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Housing Commissioner Chair Tyler Collins spoke in support of the January 2023 -June 2024 work plan report. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-177. Motion carried, 4/0/1 (Luna -Absent). 14. ANNUAL REVIEW OF THE CITY COUNCIL CODE OF ETHICS-Review and discuss the City Council Code of Ethics & Public Service Values and recommend revisions as appropriate. (Staff contact: Sheila Cobian, City Manager Department) City Manager's Recommendation: Review and discuss and provide direction as necessary. July 16, 2024 Carlsbad City Council Regular Meeting Page 6 Director of Legislative and Constituent Services Sheila Cobian presented the report and reviewed a PowerPoint presentation {on file in the Office of the City Clerk). Mary Lucid spoke regarding the Code of Ethics and how staff can treat seniors better. Minute motion by Council Member Burkholder, seconded by Mayor Blackburn, to have a discussion to have the Commissioners adhere to the requirements of the City Council Code of Ethics & P_ublic Service Values. Motion carried, 4/0/1 {Luna -Absent). CONTINUATION OF NON-AGENDA PUBLIC COMMENT Skip Hamman expressed his concerns with past election results. Susan Kennedy read a draft resolu_tion for the City Council to consider. Yasmine Yates read a draft resolution for.the City Council to consider. Michelle Killman read a draft resolutio_n for the City Council to consider. Ann Matchinske spoke regarding the trustworthiness of election results. Greg Day spoke regarding the Supreme Court ruling in favor of an ordinance outlawing camping on public property and encouraged the City Council to take action as a result of that decision. 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. Minute motion by Mayor Blackburn, seconded by Council Member Acosta, requesting staff to return in the fall, with additional, clarifying language to the City Treasurer minimum qualifications. Motion carried, 4/0/1 {Luna -Absent). 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. Tuesday, July 23, 2024 3 p.m. -4 p.m. Carlsbad Citizens of the Year Ceremony & Reception City Council Chamber 1200 Carlsbad Village Dr. Carlsbad, CA 92008 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. \ July 16, 2024 Carlsbad City Council Regular Meeting Page 7 ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 6:43 p.m. CR Ana Marie Alarcon, CMC Deputy City Clerk