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HomeMy WebLinkAbout2019-04-16; City Council; MinutesCITY COUNCIL April 16, 2019 6 p.m. CALL TO ORDER: 6:00 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held March 19, 2019. Minutes of the Regular Meeting held March 26, 2019. Minutes of the Special Meeting held March 27, 2019. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the minutes as presented. Motion carried unanimously, 5/0. PRESENTATIONS: Proclamation in recognition of Arts, Culture and Creativity Month. Mayor Hall presented the proclamation to Arts Manager Richard Schultz in recognition of Arts, Culture and Creativity Month. Manager Schultz thanked the Council and introduced Alex Goodman, Director of New Village Arts, who also thanked Council. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. PUBLIC COMMENT: Larry Posner spoke about Carlsbad Police Department presence at the Town Hall Meetings held by Mayor Pro Tern Bhat-Patel and Council Member Schumacher. Mary Lucid spoke about the lack of meeting space at the Senior Center. Diane Nygard, representing Preserve Calavara, spoke about protecting our land. Lori Summers, Chair of Green Business Committee of the Carlsbad Chamber of Commerce, invited all to the Green Business Expo being held on April 17, 2019 at the Flower Fields. Paige Decena spoke regarding illegal bike use at the Carlsbad Highlands Ecological Reserves. Bob Lynn, President of New Village Arts, thanked Council for approving NVA's new lease. April 16, 2019 Carlsbad City Council Regular Meeting Page 2 Torgen Johnson, representing the Samuel Lawrence Foundation, spoke regarding the San Onofre Nuclear Generating Station's nuclear waste project and the safety of existing canisters. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to agendize discussing whether to support the language for a resolution from Mr. Johnson regarding the safety of existing canisters at San Onofre. Motion carried unanimously, 5/0. CONSENT CALENDAR: Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve Consent Calendar Item Nos. 1 and 3. Motion carried unanimously, 5/0. 1. REPORT ON CITY INVESTMENTS-Acceptance of a report on City Investments as of February 28, 2019. (Staff contact: Laura Rocha, Administrative Services) This item was pulled for discussion by Council Member Schumacher 2. APPOINTMENT TO CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT . (CTBID) ADVISORY BOARD Adoption of a Resolution appointing Randal Chapin to the Carlsbad Tourism Business Improvement District (CTBID) Advisory Board. (Staff contact: Tammy McMinn, City Clerk Services) 3. RE-ADVERTISE FOR BIDS FOR THE 2018 PAVEMENT OVERLAY PROJECT -Adoption of Resolution No. 2019-051 approving terminating a contract with PAL General Engineering, Inc., approving the plans and specifications and authorizing the City Clerk to re-advertise for bids, all relating to the 2018 Pavement Overlay, Capital Improvement Program (CIP) Project No. 6001-18OL. (Staff contact: Emad Elias, Public Works) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: 2. APPOINTMENT TO CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID) ADVISORY BOARD Adoption of Resolution No. 2019-050 appointing Randal Chapin to the Carlsbad Tourism Business Improvement District (CTBID) Advisory Board. (Staff contact: Tammy McMinn, City Clerk Services) Minute Motion by Council Member Schumacher, seconded by Council Member Hamilton, to review the resolutions regarding the powers and duties of the Business Improvement Districts. Motion carried unanimously, 5/0. Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to approve Resolution No. 2019-050. Motion carried unanimously, 5/0. ORDINANCE FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: None. April 16, 2019 Carlsbad City Council Regular Meeting Page 3 PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 4. COMMUNITY CHOICE ENERGY TECHNICAL FEASIBILITY STUDY -Adoption of Resolution No. 2019-052 accepting the North San Diego County Cities Community Choice Energy Technical Feasibility Study and authorizing the City Manager to negotiate, execute and fund a cost share agreement allowing for the City of Carlsbad's participation in procuring joint legal services to assist the City in negotiating and preparing Community Choice Energy formation documents in an amount not to exceed $20,000. (Staff contact: Jason Haber, City Manager Department) City Manager's Recommendation: Receive the results of the study and adopt the resolution. Assistant to the City Manager Jason Haber reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council received the results of the study. Laurie Boone spoke regarding the fast timing of bringing Community Choice Energy into Carlsbad and asked Council to slow down the decision making. Linda Breen spoke in favor of Community Choice Energy and asked for transparent and truthful facts. Tracey Carmichael stated that residents still have many questions regarding Community Choice Energy. Don Christiansen spoke in support of Community Choice Energy. Motion by Council Member Hamilton, seconded by Mayor Pro Tern Bhat-Patel, to approve Resolution No. 2019-052. Motion carried, 4/1 (Hall -No). This item was heard before Item No. 4 5. PRIORITY STATE LEGISLATION REPORT AND CONSIDER CREATION OF A LEGISLATIVE COMMITTEE -1.) Receive bill analyses summarizing: AB 847 (Grayson), SB 4 (McGuire), SB 5 (Beall), SB 6 (Beall), SB 50 (Wiener), AB 11 (Chiu), SB 15 (Portantino), SB 532 (Portantino), AB 1640 (Boerner Horvath), AB 1031 (Nazarian), AB 392 (Weber) and SB 230 (Caballero) and consider taking positions on the proposed legislation; 2.) Consider the creation of a City Council legislative committee. (Staff contact: Jason Haber, City Manager Department) City Manager's Recommendation: Receive the analyses, consider taking positions on the proposed legislation and consider the creation of a City Council legislative committee. Assistant to the City Manager Jason Haber, along with Monique Ramos and Kathrina Gregana of California Strategies & Advocacy, LLC, reviewed a PowerPoint presentation (on file in the Office of the City Clerk). April 16, 2019 Carlsbad City Council Regular Meeting Page 4 Tracey Carmichael asked Council to keep it simple and move forward. Minute Motion by Mayor Hall, seconded by Council Member Schumacher, to oppose SB 50. Motion carried unanimously, 5/0. Minute Motion by Council Member Blackburn, seconded by Mayor Hall, to oppose AB 392. Motion carried unanimously, 5/0. Minute Motion by Council Member Schumacher, seconded by Council Member Blackburn to support SB 230. Motion carried unanimously, 5/0. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel to watch the bill package of AB 4, 5 and 6 as they go through the process and receive reports back from Cal Strategies. Motion carried unanimously, 5/0. Minute Motion by Council Member Hamilton, seconded by Mayor Pro Tern Bhat-Patel, to support AB 1031. Motion carried, 4/1 (Hall -No). Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher, to add AB 11 to the watch list. Motion carried unanimously, 5/0. Council Member Schumacher spoke about the opposition letter regarding SB 50 and requested to include: clarification of jobs rich communities which remains very ill-defined; the layering of the variances, density bonuses and what is permissive by SB 35 have massive impacts to the community; bus lines being included disincentives those who need it; punitive choices are happening in areas with schools; and conversations between SB 50 and CEQA could take away the community's ability to weigh in on developments. Mayor Pro Tern Bhat-Patel echoed Council Member Schumacher adding height limits to the opposition letter. In response to Council Member Hamilton, Assistant to the City Manager Haber noted that the makeup of a subcommittee would be two Council Members with staff support as needed. City Attorney Celia Brewer explained that both a standing subcommittee and an ad-hoc subcommittee could be made possible. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to establish a standing City Council Legislative Subcommittee and bring back a Resolution amending Council Policy No. 39. Motion carried unanimously, 5/0. 6. APPOINT ONE MEMBER TO THE ARTS COMMISSION -Adoption of Resolution No. 2019-053 appointing one member to the Arts Commission. (Staff contact: Tammy McMinn, City Clerk's Office) April 16, 2019 Carlsbad City Council Regular Meeting Page 5 City Manager's Recommendation: Adopt the Resolution. Council Member Blackburn asked for changes around the process for appointing Boards & Commissions members. City Manager Scott Chadwick stated that the Council will be receiving an updated procedure. Marc Kaczor spoke regarding his application for the Arts Commission. The following residents gave an overview of their qualifications and requested that the City Council nominate them to serve on the Arts Commission: Marc Kaczor, Belinda Rachman, Gary Gillespie, and Michaela Chamberlain. The Council proceeded to interview the candidates. Mayor Hall asked for final comments of the night from the Council while scores were being tallied. City Clerk Barbara Engleson announced the following results: Michaela Chamberlain -330 Gary Gillespie -317 Belinda Rach man -260 Allen Manzano -163 Motion by Mayor Hall, seconded by Council Member Blackburn, approving Resolution No. 2019- 053, appointing Michaela Chamberlain to the Arts Commissions. Motion carried unanimously, 5/0. This item was continued to a date uncertain. 7. APPOINT ONE MEMBER TO THE HOUSING COMMISSION -Adoption of a Resolution appointing one member to the Housing Commission. (Staff contact: Tammy McMinn, City Clerk's Office) City Manager's Recommendation: Adopt the Resolution. COUNCIL REPORTS AND COMMENTS: Minute Motion by Council Member Hamilton, seconded by Mayor Pro Tern Bhat-Patel to support HR 763. Motion carried unanimously, 5/0. Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher, to follow and support HR 976 if the content remains unchanged. Motion carried unanimously, 5/0. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. April 16, 2019 Carlsbad City Council Regular Meeting Page 6 CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been invited to and may be participating in the following event: Wednesday, April 17, 2019 -3:00 -7:00 p.m. Carlsbad Chamber of Commerce Green Business Expo The Flower Fields at Carlsbad Ranch 574 Paseo Del Norte Carlsbad, CA ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 10:03 p.m. Ii f) . "-li!YnCvW.t( mLm~ Tamara R. McMinn, CPMC, CMC Deputy City Clerk