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HomeMy WebLinkAbout2021-04-06; City Council; MinutesCITY COUNCIL Minutes April 6, 2021, 3 p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Jan. 26, 2021 Minutes of the Special Meeting held Feb. 11, 2021 Minutes of the Special Meeting held March 23, 2021 Minutes of the Special Meeting held March 24, 2021 Council Member Bhat-Patel requested the following amendments to the Minutes of the Regular Meeting held Jan. 26, 2021. She requested the time limits be written to go to the Municipal Code subcommittee instead of the Legislative subcommittee and to indicate the reason she left the meeting early. Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes with Council Member Bhat-Patel's amendments. Motion carried unanimously, 5/0. PRESENTATIONS: Proclamation in Recognition of National Library Week/Carlsbad Reads Together Mayor Pro Tern Blackburn read the proclamation and said a few words. Proclamation in Recognition of National Fair Housing Month Mayor Hall read the proclamation and said a few words. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. PUBLIC COMMENT: The following individuals called into the City Council Meeting and voiced their comments for the record: Shaun Vejar requested further enforcement of dogs at Carlsbad beach areas. April 6, 2021 Carlsbad City Council Regular Meeting Page 2 Emily Johnson requested a Carlsbad robotics day to recognize the importance of robotics and Science, technology, engineering, and mathematics (STEM) careers. Mary Lucid expressed her concern with the lack of acceptance of diversity at the Senior Center. Tracy Carmichael expressed her concern with the city's economic recovery from the COVID-19 pandemic. She also requested the City Council adopt a resolution in opposition to any new taxes to offset budget shortfalls and no tax increases to fund any new programs. CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1, 3 and 4. Motion carried unanimously, 5/0. 1.REPORT ON CITY INVESTMENTS AS OF FEB. 28, 2021 — Accepted and filed Report on City Investments as of Feb. 28, 2021. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services) This item was returned to staff. 2.PURCHASE AND SALE AGREEMENT FOR CITY-OWNED PROPERTY LOCATED ON PAJAMA DRIVE — Adoption of a resolution approving and authorizing the execution of a purchase and sale agreement for the property located on Pajama Drive, in Oceanside, California, APN 149-070-47-00, commonly known as the Pajama Drive property, with Steve and Cydne Norris. (Staff contact: Curtis Jackson, Real Estate) 3.AGREEMENT WITH HERITAGE ARCHITECTURE & PLANNING, INC. TO PROVIDE DESIGN SERVICES FOR THE LEO CARRILLO RANCH ROOF REPAIR PROJECT, CIP NO. 4748 — Adoption of Resolution No. 2021-071 authorizing execution of an agreement with Heritage Architecture & Planning, Inc. to provide design services for the Leo Carrillo Ranch Roof Repair Project, CIP Project No. 4748, in an amount not to exceed $103,300. (Staff contact: Steven Stewart, Public Works and Mick Calarco Parks & Recreation) 4.AMENDMENT NO. 4 TO AGREEMENT WITH KLEINFELDER, INC. FOR THE EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD, CIP NO. 6042 — Adoption of Resolution No. 2021-072 approving Amendment No. 4 to the Professional Services Agreement with Kleinfelder, Inc. for engineering services for the El Camino Real Bridge Improvements at Cannon Road, CIP Project No. 6042, in an amount not to exceed $62,512. (Staff contact: Brandon Miles, Public Works) ORDINANCES FOR INTRODUCTION: 5.AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 1.12 REGARDING ELECTIONS, CHAPTER 1.13 REGARDING ELECTION CAMPAIGN DISCLOSURES AND CHAPTER 1.15 REGARDING CAMPAIGN CONTRIBUTIONS — 1) Introduction of Ordinance No. CS-394 amending Carlsbad Municipal Code Title 1, Chapter 1.12 — Elections; and 2) Introduction of Ordinance No. CS-395 amending Carlsbad Municipal Code Title 1, April 6, 2021 Carlsbad City Council Regular Meeting Page 3 Chapter 1.13 — Election Campaign Disclosures; and 3) Introduction of Ordinance No. CS-396 adding Chapter 1.15 — Campaign Contribution Limits to Title 1 of the Carlsbad Municipal Code. (Staff contact: Cindie K. McMahon, City Attorney Department and Sheila Cobian, City Manager Department) City Manager's Recommendation: Introduce the ordinances. Assistant City Attorney Cindie McMahon and Assistant to the City Manager Sheila Cobian presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individuals called into the City Council Meeting and voiced their comments for the record: Tracy Carmichael requested the City Council create an elections and voter integrity committee made up of citizens that would review election related items. . Sherrie Sanders requested that the City Council pause the contribution limits item due to the recall of Council Member Schumacher. She dlso requested that the City Council create an elections and voter integrity committee made up of citizens that would review election related items. Beryl Lewis expressed her support for the limiting of campaign contributions. In response to an inquiry from Council Member Bhat-Patel, Assistant City Attorney McMahon explained voluntary contribution limits can be established by an ordinance, but contribution limits cannot be set on individuals spending their own money. In response to an inquiry from Mayor Pro Tern Blackburn, Assistant City Attorney McMahon explained the provision First In, First Out (FIFO) prevents candidates from circumventing their contribution limits. In response to an inquiry from Mayor Pro Tern Blackburn, Assistant City Attorney McMahon explained contribution limits cannot be set on individuals spending their own personal funds. In response to an inquiry from Mayor Pro Tern Blackburn, Assistant City Attorney McMahon explained contribution limits cannot be set on independent expenditure committees. In response to an inquiry from Council Member Schumacher, Assistant City Attorney McMahon explained the Municipal Code subcommittee completed the majority of their research a year ago and waited to bring their results to the City Council until a five-person City Council was in place. City Attorney Celia Brewer titled Ordinance No. CS-394 April 6, 2021 Carlsbad City Council Regular Meeting Page 4 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-394. Motion carried, 4/1 (Hall — No). City Attorney Celia Brewer titled Ordinance No. CS-395 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-395. Motion carried, 5/0. Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to amend Ordinance No. CS-396, Section 1.15.040 — Campaign Contribution, Section A, to allow a $900.00 district campaign contribution limit, amend Section 1.15.040 — Campaign Contribution, Section B, to allow a $3,100.00 city-wide campaign contribution limit and amend Section 1.15.070 — Loans, Section A, to allow a $10,000 personal loan campaign contribution limit. Motion carried, 4/1 (Hall — No). Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to amend Ordinance No. CS-396, Section 1.15.060 —Transfer of funds between a candidate's controlled committees, Section A, No. 2, substituting the language of "individual contributors" to "each specific contributor". Motion carried, 4/1 (Hall — No). Mayor Hall declared a recess at 4:30 p.m. Mayor Hall reconvened the meeting at 4:40 p.m. ORDINANCE FOR ADOPTION: None. PUBLIC HEARINGS: 6. GENERAL PLAN HOUSING ELEMENT UPDATE — 2021-2029 HOUSING CYCLE — 1) Review and consider the Housing Commission's and Planning Commission's recommendations to approve the Housing Element amendments; and 2)Adoption of Resolution 2021-073 approving an addendum to Environmental Impact Report EIR 13-02 and an amendment to the General Plan GPA 2019-003 to adopt an update of the Housing Element for the 2021-2029 Housing Cycle as required by the California Government Code (Case Name: Housing Element Update 2021-2029; Case No: GPA 2019-0003 (PUB2019- 0009)); and 3)Adoption of Resolution 2021-074 implementing updated Housing Element Program 2.2, by finding the city's residential housing caps contained in the General Plan, Growth Management Plan (Proposition E), City Council Policy Statement No. 43, and the city's Municipal Code (Title 21 Chapter 90) are preempted by state law and unenforceable. (Staff contact: Scott Donnell and Jeff Murphy, Community Development) City Manager's Recommendation: Take public input, close the public hearing, review and consider the recommendations, and adopt the resolutions. April 6, 2021 Carlsbad City Council Regular Meeting Page 5 City Attorney Celia Brewer announced that Mayor Pro Tern Blackburn has a potential conflict of interest with the first segment of this item and will be logging off after the initial staff report presentation. She added he would return after the discussions of that segment of the item have finished. Community Development Director Jeff Murphy, Senior Planner Scott Donnell, Principal Planner Eric Lardy and Former Chair of the Housing Element Advisory Committee Carolyn Luna presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tern Blackburn left the meeting at 5:19 p.m. Mayor Hall opened the duly noticed Public Hearing at 5:22 p.m. The following individuals called into the City Council Meeting and voiced their comments for the record: Jackson Tidus Law Corporation Shareholder Michele Staples spoke on behalf of the owner of the Ponto Property and informed the City Council that there is a new developer for the Ponto Property to build multifamily housing and general commercial development. She also requested that the City Council keep the Panto Property as part of the Housing Element Plan. The following individuals spoke to request that the City Council remove Site 13 as part of the Housing Element Plan: Mary Davis, John Kuznik, Chris Malek, Charles Lehr, Tracy Pedrazzani, Sarah Helmy. Kelly McCormick requested the City Council adopt smoke and vape free multi-unit housing policies city wide. Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 5:52 p.m. In response to an inquiry from Council Member Bhat-Patel, Principal Planner Lardy explained that the city can submit the Housing Element Plan to the state with Site 13 labeled as low priority. In response to an inquiry from Council Member Bhat-Patel, Principal Planner Lardy explained that the city would not need to include additional sites to substitute Site 13 in the current Housing Element Plan but following the adoption of the Rezone Program, the city could submit a new inventory to the state with a list of all sites that were rezoned or removed. In response to an inquiry from Council Member Acosta, Principal Planner Lardy explained that if Site 13 were to be removed from the Housing Element Plan it would still meet the April 6, 2021 Carlsbad City Council Regular Meeting Page 6 requirements of the state but would reduce the number of buffer which would affect future adoption of environmental analysis reviews and with Senate Bill 166: Residential Density and Affordability, an inventory list must be kept of development and inclusionary housing and the state recommends 15% to 30% of buffer is adopted as part of the Housing Element Plan. In response to an inquiry from Council Member Acosta, Principal Planner Lardy explained that Site 13 could be deemed as low priority by looking at the other sites remaining and coming up with options for environmental analysis and public outreach and comparing and contrasting Site 13 versus the other sites. Motion by Mayor Hall, seconded by Council Member Acosta, to remove Site 13 from the Housing Element Plan. No action, 2/2 (Bhat-Patel, Schumacher — No; Blackburn —Absent); Motion by Council Member Bhat-Patel, seconded by Council Member Schumacher, directing staff to make the Site 13 — Zone 20 cluster a low priority for housing, using it only if necessary to meet Regional Housing Needs Assessment requirements, and look for an acceptable and suitable alternative site within the same quadrant. Motion carried, 3/1/1 (Hall — No; Blackburn — Absent); Mayor Pro Tern Blackburn returned at 6:11 p.m. In response to an inquiry from Council Member Acosta, Principal Planner Lardy explained that the Ponto Property's zoning and designation allow for residential of 120 units and the City Council can direct staff to remove the Ponto Property from the Housing Element Plan, but it would not change its zoning and designation allowance of 120 residential units. In response to an inquiry from Council Member Acosta, Community Development Director Murphy explained that the Ponto Property's zoning designation allows for residential and general commercial. In response to an inquiry from Council Member Acosta, Principal Planner Lardy explained that any housing units that are constructed within the city are reported on an annual basis as part of the Housing Element Annual Report and the city receives credit for the units reported. In response to an inquiry from Mayor Pro Tern Blackburn, Community Development Director Murphy explained that the Ponto Property owners do have a right to develop on their property and he cannot speak to whether removing it from the Housing Element Plan will adversely impact the value of the property. He also added that if the Ponto Property is removed from the Housing Element Plan, staff would need to find another site to make up for the 120 housing units. Motion by Council Member Acosta, seconded by Council Member Schumacher, to remove the Ponto property from the Housing Element Update and look for an acceptable and suitable replacement site within the same quadrant. Motion carried, 4/1 (Hall — No). April 6, 2021 Carlsbad City Council Regular Meeting Page 7 Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, to add an objective to Program 1.12: Smoke-free ordinance for multi-family housing as reflected in Exhibit 11. Motion carried unanimously, 5/0. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to add an objective to Program 1.8: Live / Work Zoning as reflected in Exhibit 11. Motion carried unanimously, 5/0. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-073 as amended by Council Memorandum dated April 6, 2021 entitled "Additional Materials Related to Staff Report Item No. 6 — General Plan Housing Element Update 2021 to 2029 Housing Cycle. Motion carried unanimously, 5/0. In response to an inquiry from Council Member Schumacher, Partner Tyson Sohagi of Sohagi Law Group explained that there is a provision contained within Program 2.2 that states that Program 2.2 may not be required if the City Council adopts preemption findings related to the housing cap requirements contained in the Growth Management Plan. In response to an inquiry from Council Member Schumacher, Partner Sohagi explained that if the City Council adopts the preemption findings it does not preclude the City of Carlsbad from proposing any amendments to the Growth Management Plan. In response to an inquiry from Council Member Schumacher, Community Development Director Murphy explained that the quadrant caps are likely going to be exceeded and they do include the allotment of units removed from the excess dwelling unit bank. In response to an inquiry from Council Member Schumacher, Community Development Director Murphy explained if the City Council did not adopt the resolution proposed the California Department of Housing and Community Development (HCD) would not certify the Housing Element Plan and it would be labeled as conditional. In response to an inquiry from Mayor Hall, Partner Sohagi explained that the City of Carlsbad is not making any amendments to Proposition E and the City is recognizing that state law preempts in this circumstance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-074. Motion carried, 3/2 (Hall, Schumacher— No). Mayor Hall declared a recess at 6:55 p.m. Mayor Hall reconvened the meeting at 7:00 p.m. April 6, 2021 Carlsbad City Council Regular Meeting Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: 7.COVID-19 ACTIONS AND EXPENDITURES REPORT — Receive a report on recent actions and expenditures related to the city's response to the COVID-19 pandemic and provide direction as appropriate. (Staff contact: Geoff Patnoe, City Manager Department) City Manager's Recommendation: Receive the report and provide direction as appropriate. Assistant Director of Emergency Services David Harrison, Deputy City Manager Gary Barberio, Parks & Recreation Director Kyle Lancaster, Community & Economic Development Director Jeff Murphy, Police Captain Matt Magro, Senior Program Manager Holly Nelson, Fire Department Chief Michael Calderwood, Chief Innovation Officer David Graham and Deputy City Manager Laura Rocha presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council received the report. This item was continued from the March 23, 2021 Regular City Council Meeting. 8.CITY FRANCHISE AGREEMENT FOR SOLID WASTE RECYCLING AND ORGANICS SERVICES 1)Adoption of a resolution approving a city franchise agreement for recycling, organics and solid waste collection and organic materials processing service with EDCO Disposal Corporation and authorizing the City Manager, or designee, to execute all functions of the "City Contract Manager" as described in the franchise agreement; or 2)Adoption of Resolution No. 2021-075 approving a city franchise agreement for recycling, organics and solid waste collection and organic materials processing service with Allied Waste Services, Inc. DBA Republic Services of San Diego and authorizing the City Manager, or designee, to execute all functions of the "City Contract Manager" as described in the franchise agreement. (Staff contact: James Wood, Public Works) City Manager's Recommendation: Adopt the resolution. Environmental Manager James Wood and HF&H Consultant Rob Hilton presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall, Mayor Pro Tern Blackburn, Council Member Acosta, Council Member Bhat-Patel and Council Member Schumacher discussed their ex parte disclosures. They explained they had all been contacted by EDCO and Republic Services representatives but did not speak to them. Council Member Bhat-Patel also disclosed she had listened to the Teamsters Union Representatives comments on the item. President and CEO Steve South of EDCO presented the EDCO proposal. Area President Java ra Perrilliat of Republic Services presented the Republic Services proposal. April 6, 2021 Carlsbad City Council Regular Meeting Page 9 The following individuals called into the City Council Meeting and voiced their comments for the record: George Reich expressed his concerns regarding EDCO's services and the need for more safe- driver training. He also voiced concerns regarding the hiring practices of Waste Management. Tracy Carmichael expressed her support for Waste Management and requested that the City Council reject both proposals from EDCO and Republic Services due to a potential conflict of interest. Principal of Linscott, Law & Greenspan, Engineers John Boorman spoke about a Vehicle Miles Travelled (VMT) report his organization prepared for the EDCO and Republic Services proposals. Rick Rojas expressed his support of the Republic Services proposal and advised against the EDCO proposal. Greg Navarre explained the stresses of being a driver for waste services and added that waste service companies that allow unions offer the most benefits to their workers. He also spoke in support of the Republic Services proposal and advised against the EDCO proposal. Organizer for Teamsters Local 683 Ernesto Puga explained that only Republic Services had contacted them for their support and presented an offer to work with their union. He also spoke in support of the Republic Services proposal and advised against the EDCO proposal due to EDCO's handling of unions in the City of El Cajon. Charles McMahon spoke about the importance of unions in waste management services. He also spoke of union benefits, such as pensions and life insurance, which are critical to employees. He added that the City Council should choose a Company that is supportive of employee unions. President and CEO South of EDCO presented his final comments for the EDCO proposal. Area President Perrilliat of Republic Services presented his final comments for the Republic Services proposal. In response to an inquiry from Mayor Pro Tem Blackburn, HF&H Consultant Hilton explained that EDCO and Republic Services proposals had nearly the same VMT. He added that EDCO's fleet vehicle trips would impact local traffic volumes more while Republic Services fleet vehicle trips in a diesel truck would impact air and carbon emissions more. He also added that overall EDCO would offer the lower environmental impact because of the carbon intensity and the criterial pollutants from their fueling strategy. April 6, 2021 Carlsbad City Council Regular Meeting Page 10 In response to an inquiry from Mayor Pro Tern Blackburn, HF&H Consultant Hilton explained that the EDCO proposal would save the City of Carlsbad a couple hundred thousand dollars a year because EDCO has less garbage services, more recycling services and more organic services than Republic Services. In response to an inquiry from Mayor Pro Tern Blackburn, Environmental Manager Wood explained that if Republic Services gave back the compost collected to the City of Carlsbad the city would need to set up a program or service to give away the compost they are not able to utilize as it is required by law to do so. In response to an inquiry from Mayor Pro Tem Blackburn, Environmental Manager Wood explained that under EDCO's proposal, compost would not be required to be given back to the City of Carlsbad as they treat their waste with a process that creates a renewable natural gas. He also added that the city would be able to claim credit for the renewable natural gas process. In response to an inquiry from Council Member Acosta, Environmental Manager Wood explained the provisions and exceptions process for both proposals and the reasoning behind them. He added that the many exceptions that the EDCO proposal took were because of the numerous requests from the city to provide excellent customer service to its residents. In response to an inquiry from Council Member Acosta, Environmental Manager Wood explained that both proposals would meet the requirements for SB 1383. In response to an inquiry from Mayor Hall, Environmental Manager Wood explained that the delivery of the compost back to the city is included in the Republic Service proposal. He further explained that if the city was not able to fully utilize the compost it would need to develop a program or service to give away the remaining compost. He also added that discussions with Republic Services on the housing and storage of the compost have not occurred. Mayor Hall requested that a provision of "no additional costs for environmental issues" be included in the chosen proposal. Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2021-075, Option 2, selecting Republic Services with the provision of "no additional costs for environmental issues" added to the proposal. Motion carried, 3/2 (Hall, Blackburn — No). 9. APPROVE PROPOSED AMENDED AGENDA STATEMENT REGARDING PUBLIC COMMENT — Approve proposed amended agenda statement regarding public comment, which will be added to future agendas and read by the mayor prior to the public comment portion of future City Council meetings. (Staff contact: Celia Brewer, City Attorney Department) April 6, 2021 Carlsbad City Council Regular Meeting Page 11 City Manager's Recommendation: Approve proposed amended agenda statement. Motion by Mayor Hall, seconded by Mayor Pro Tem Blackburn, to continue the item to a future agenda date. Motion carried, 4/1 (Schumacher — No). In reconsideration, Council Member Bhat-Patel and Council Member Acosta asked to hear the item due to public speakers waiting on the line to speak on the item. Mayor Hall declared a recess at 8:45 p.m. Mayor Hall reconvened the meeting at 8:48 p.m. City Attorney Celia Brewer presented the report. The following individuals called into the City Council Meeting and voiced their comments for the record: Anthony Bona voiced concerns about the agenda item and questioned the City Council's commitment to keeping the City Council to a public environment free of intolerance. Tracy Carmichael requested the item be postponed and voiced her concerns with potential conflicts found in the agenda item. She also suggested that the City Council discuss their own decorum and behavior before making requests of the community. Noel Breen voiced concerns about the agenda item and expressed that the timing of the agenda item was unfortunate. Council Member Acosta commented that she worked with City Attorney Brewer to suggest to strikeout the second sentence language "The City Council may briefly respond to the item or refer it to staff" from the agenda statement because it can be confusing to the public to understand. Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to strikeout the second sentence language "The City Council may briefly respond to the item or refer it to staff" from the agenda statement. Motion carried unanimously, 5/0. PUBLIC COMMENT (CONTINUED): The following individuals called into the City Council Meeting and voiced their comments for the record: Paige DeCino thanked Council Member Schumacher for bringing the climate emergency resolution to the City Council and for her help in creating the Clean Energy Alliance. She also advocated for more concern for the looming climate crisis. April 6, 2021 Carlsbad City Council Regular Meeting Page 12 Sara Kent expressed her disagreements with Mayor Hall and voiced her concern over his tenure of serving as Mayor. Emily Johnson requested a Carlsbad Robotics Day to recognize the importance of robotics and Science, Technology, Engineering, and Mathematics (STEM) careers. COUNCIL REPORTS AND COMMENTS: Mayor Hall and the City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, directing staff to return with a work plan to schedule a Carlsbad Robotics Day event. Motion carried unanimously, 5/0. ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 9:20 p.m. Hector Gomez Deputy City Clerk