Loading...
HomeMy WebLinkAbout2022-04-05; City Council; MinutesCouncil Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 5 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Item No. 5 and the City Council is serving as the Carlsbad Community Development Commission on Public Hearing Item No. 10. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. INVOCATION: None. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Feb. 15, 2022 Minutes of the Special Meeting held Feb. 22, 2022 Minutes of the Regular Meeting held Feb. 22, 2022 Minutes of the Regular Meeting held March 8, 2022 Minutes of the Special Meeting held March 10, 2022 Minutes of the Special Meeting held March 15, 2022 Minutes of the Regular Meeting held March 15, 2022 Minutes of the Special Meeting held March 22, 2022 Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes as presented. Motion carried unanimously, 5/0. PRESENTATIONS: Proclamation in Recognition of National Library Week Mayor Pro Tem Blackburn read and presented the proclamation to Library & Cultural Arts Director Suzanne Smithson who shared a few words. Proclamation in Recognition of Earth Month Council Member Acosta read and presented the proclamation to Senior Program Manager Avecita Jones who shared a few words. Proclamation in Recognition of Fair Housing Month Council Member Norby read and presented the proclamation to Legal Aid Society of San Diego Senior Attorney Danielle Tailleart who shared a few words. April 5, 2022, 5 p.m. CITY COUNCIL Minutes April 5, 2022 Carlsbad City Council Regular Meeting Page 2 Proclamation in Recognition of National Public Health Week Council Member Bhat-Patel read and presented the proclamation to Community Health Nurse Christine Gilmore who shared a few words. PUBLIC COMMENT: Vicky Syage expressed her opposition to increasing the city’s sales tax by 1%. Pierre Cochet Weinardt expressed his concerns with environmental security issues. Scott requested the City Council create an ordinance to eliminate paper solicitation from being distributed to homes in Carlsbad. Cayla Lopez de Castro expressed her concerns with climate change. Jimmy Siville expressed his concerns with transphobia. CONSENT CALENDAR: Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item No. 1 through 6. Motion carried unanimously, 5/0. 1. ASSIGNMENT AND ASSUMPTION AGREEMENT WITH YUNEX, LLC FOR TRAFFIC SIGNAL MAINTENANCE AND OPERATIONS SERVICES – Adoption of Resolution No. 2022-080 authorizing the City Manager or designee to execute the assignment and assumption agreement for traffic signal maintenance and operations services with Yunex, LLC. (Staff contact: Nestor Mangohig, Public Works) 2. AMENDMENT NO. 4 TO AGREEMENT WITH DUDEK FOR ENGINEERING SERVICES OF PARK DRIVE STREET AND DRAINAGE IMPROVEMENT PROJECT (CIP PROJECT NO. 6611) – Adoption of Resolution No. 2022-081 approving Amendment No. 4 to the professional services agreement with Dudek, a California Corporation, for engineering services of the Park Drive Street and Drainage Improvements Project, CIP Project No. 6611, for an amount not to exceed $82,180. (Staff contact: Scotty Lyle and Hossein Ajideh, Public Works) 3. PURCHASE OF MODULAR RESIDENTIAL BUILDING FROM AAAMERICAN PACIFIC MANUFACTURED HOMES INC. AND TEMPORARY BUILDING FROM SPRUNG INSTANT STRUCTURES INC. FOR THE TEMPORARY FIRE STATION NO. 7 PROJECT (CIP PROJECT NO. 4091) – Adoption of Resolution No. 2022-082 authorizing the purchase of a modular residential building from AAAmerican Pacific Manufactured Homes, Inc., a California Corporation, for an amount not to exceed $239,962, and authorizing the purchase of a rapid delivery movable building from Sprung Instant Structures, Inc., a Texas Corporation, for the Temporary Fire Station No. 7 Project, CIP Project No. 4091, for an amount not to exceed $227,871. (Staff contact: John Maashoff, Public Works) April 5, 2022 Carlsbad City Council Regular Meeting Page 3 4. AMENDMENT TO AGREEMENT WITH URBAN CORPS OF SAN DIEGO COUNTY TO INCREASE CITYWIDE PRESSURE-WASHING MAINTENANCE SERVICES – Adoption of Resolution No. 2022- 083 approving an amendment to an agreement with Urban Corps of San Diego County for increased citywide pressure-washing maintenance services, for an amount not to exceed $1,384,748. (Staff contact: Michael O’Brien, Public Works) 5. AMENDMENT NO. 4 TO AGREEMENT WITH NV5 INC. FOR THE RECYCLED WATER PHASE III RESERVOIR PROJECT (CIP PROJECT NO. 5210) – Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1670 authorizing execution of Amendment No. 4 to the professional services agreement with NV5, Inc., a California Corporation, to extend the agreement term and revise the labor rate schedule for the Recycled Water Phase III Reservoir Project, CIP Project No. 5210, for an amount not to exceed $336,416. (Staff contact: Dave Padilla and Neil Irani, Public Works) 6. AGREEMENT WITH WITTMAN ENTERPRISES LLC TO PROVIDE AMBULANCE BILLING SERVICES – Adoption of Resolution No. 2022-084 approving and authorizing the Mayor to execute a professional services agreement with Wittman Enterprises LLC to provide billing and collection services for ambulance transport and related services operated by the City of Carlsbad Fire Department, for an amount not to exceed $200,00 per agreement year. (Staff contact: Cheryl Gerhardt, Finance) ORDINANCES FOR INTRODUCTION: 7. PHASED-IN SINGLE-USE PLASTIC FOODWARE BAN – Introduction of Ordinance No. CS-420 amending Title 6 of the Carlsbad Municipal Code to add Chapter 6.20 – Phased-In Single-Use Plastic Foodware Ban. (Staff contact: Jamie Wood, Public Works) City Manager’s Recommendation: Introduce the ordinance. Environmental Management Director Jamie Wood and Assistant City Attorney Robby Contreras presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Alex Ferron, on behalf of the San Diego Chapter of the Surfrider Foundation, expressed her support for the ordinance. Mark O’Connor expressed his support for the ordinance. Janice Jones expressed her support for the ordinance. Paige DeCino expressed her support for the ordinance. Glenn Bernard expressed his support for the ordinance. April 5, 2022 Carlsbad City Council Regular Meeting Page 4 John Bottorff expressed his support for the ordinance. In response to an inquiry from Mayor Hall, Assistant City Attorney Contreras explained that the ability to bring in your own reusable container is under jurisdiction with the California Retail Food Code and that under 6.20.060 A, entities are encouraged but not required to take actions in addition to this ordinance. In response to an inquiry from Council Member Acosta, Environmental Management Director Wood explained that if any state law is passed in the future regarding single-use plastic, the city would compare the law to our municipal code and bring back any necessary amendments. In response to an inquiry from Council Member Acosta, Environmental Management Director Wood explained the process for violations and fines once the ordinance becomes effective. In response to an inquiry from Council Member Acosta, Environmental Management Director Wood explained the outreach plan for educating businesses impacted by the ordinance on expectations and alternative solutions. In response to an inquiry from Council Member Acosta, Environmental Management Director Wood explained how the City of Carlsbad has been working with other cities in the region through a technical group to compare timelines in implementing similar ordinances. In response to an inquiry from Council Member Bhat-Patel, Environmental Management Director Wood explained the process for differentiating between restaurants and third-party applications when distributing single-use plastic for violations. In response to an inquiry from Council Member Bhat-Patel, Environmental Management Director Wood explained that the city is working with Republic Services to provide a list of certified compostable materials that could be distributed as an example for what the business could use as an alternative. In response to an inquiry from Council Member Bhat-Patel, Environmental Management Director Wood explained that the city has been meeting with the Carlsbad Village Association and the Chamber of Commerce in addition to other organizations and updating them on this process. Assistant City Attorney Cindie McMahon titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-420. Motion carried unanimously, 5/0. ORDINANCES FOR ADOPTION: 8. ORDINANCE NO. CS-419 – OPERATION OF REGULATED MOBILITY DEVICES – Adoption of April 5, 2022 Carlsbad City Council Regular Meeting Page 5 Ordinance No. CS-419 amending Title 10, Chapter 10.56 of the Carlsbad Municipal Code – Operation of Regulated Mobility Devices. (Staff contact: Faviola Medina, City Clerk Services) City Manager’s Recommendation: Adopt Ordinance No. CS-419. Assistant City Attorney McMahon titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-419. Motion carried unanimously, 5/0. PUBLIC HEARINGS: 9. ANNEXATION OF THE MARJA ACRES DEVELOPMENT TO STREET LIGHTING AND LANDSCAPE DISTRICT NO. 2 - 1) Adoption of Resolution No. 2022-085 declaring the results of the assessment ballot tabulation, annexing the Marja Acres Development to Street Lighting and Landscaping District No. 2, ordering maintenance work and confirming the diagram and assessment. (Staff contact: Roxanne Muhlmeister, Administrative Services Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolutions. Assistant Finance Director Roxanne Muhlmeister and Assistant to the City Treasurer Jason Rosado presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 6:14 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:15 p.m. City Clerk Services Manager Faviola Medina announced the following: The tabulation of the assessment ballots has been completed. The city received a total of one ballot. There was one ballot received in favor of the assessment and zero ballots received in opposition to the levy of the assessments. Since the number of ballots in support of the levy of the assessment exceeds the number of ballots in opposition, there is not a majority protest. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-085. Motion carried unanimously, 5/0. 10. FISCAL YEAR 2022 ANNUAL PUBLIC HOUSING AGENCY PLAN - 1) Adoption of Community Development Commission Resolution No. 551 approving the City of Carlsbad’s Fiscal Year 2022 Annual Public Housing Agency Plan for submission to the U.S. Department of Housing and Urban Development. (Staff contact: Todd Henderson, Housing & Homeless Services) April 5, 2022 Carlsbad City Council Regular Meeting Page 6 City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. Interim Housing Services Manager Todd Henderson presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 6:20 p.m. Glenn Bernard expressed his support of expanding a percentage of college dormitories into housing for homeless individuals and allowing college courses to be taken through an online program. Seeing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:23 p.m. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 551. Motion carried unanimously, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. EMPLOYEE FRAUD AND ETHICS HOTLINE RECOMMENDATIONS – Adoption of Resolution No. 2022-086 approving the implementation of a fraud and ethics hotline to provide employees with a tool for reporting suspected cases of fraud, waste, and abuse of city resources. (Staff contact: Robert Threatt and Laura Rocha, Administrative Services Department) City Manager’s Recommendation: Adopt the resolution. Internal Audit Manager Robert Threatt presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Glenn Bernard spoke about fraud and ethics training throughout cities and counties in California. In response to an inquiry from Council Member Bhat-Patel, Internal Audit Manager Threatt explained that the ongoing cost for the hotline would be the $1,000 implementation cost and $4,300 annually. In response to an inquiry from Council Member Bhat-Patel, Internal Audit Manager Threatt explained that the current plan includes utilizing existing staff to create the committee and the working with third-party service to operate the hotline. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-086. Motion carried unanimously, 5/0.