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HomeMy WebLinkAbout2023-05-09; City Council; Minutes Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. INVOCATION: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Senior Assistant City Attorney Ron Kemp announced there was no reportable action. PLEDGE OF ALLEGIANCE: Council Member Luna led the Pledge of Allegiance. PRESENTATIONS: Proclamation in recognition of Water Safety Month Council Member Luna read the proclamation. Paramedic Lifeguard Lieutenant Drew Francis and Recreation Area Manager Ashlee Benson said a few words. Proclamation in recognition of Building Safety Month Council Member Burkholder read the proclamation and Senior Building Inspector Tim Kersch said a few words. Proclamation in recognition of National Military Appreciation Month Mayor Blackburn read the proclamation and City Manager Scott Chadwick and Deputy City Manager, Public Works Paz Gomez said a few words. APPROVAL OF MINUTES: Minutes of the Regular Meeting held March 21, 2023 Minutes of the Regular Meeting held April 4, 2023 Minutes of the Special Meeting held April 11, 2023 Minutes of the Regular Meeting held April 11, 2023 Minutes of the Special Meeting held April 18, 2023 Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the minutes as presented. Motion carried unanimously, 5/0. PUBLIC COMMENT: Mike Borrello spoke about divisiveness in communities. Lori Robins spoke regarding the trenching of the railroad tracks. Diana Ricker expressed her concerns regarding domestic violence. May 9, 2023, 5 p.m. CITY COUNCIL Minutes May 9, 2023 Carlsbad City Council Regular Meeting Page 2 Devin Wright spoke regarding the Kumeyaay and Luisenos Indians and being better stewards of the land and Tribal Land Acknowledgements. Tara Cruden spoke regarding allowing natural plants and wildlife to thrive in the Carlsbad community. Diana Aguirre expressed her support of Mayor Pro Tem Bhat-Patel for her leadership and contributions to the community. CONSENT CALENDAR: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1 through 6. Motion carried unanimously, 5/0. 1. ANNUAL REPORT OF INVESTMENTS FOR THE FISCAL YEAR 2021-22 – Accept and file Annual Report of Investments for the Fiscal Year 2021-22. (Staff contact: Craig Lindholm, Administrative Services Department) 2. AMENDMENT NO. 4 TO THE AGREEMENT WITH GHD INC. FOR ADDITIONAL ENGINEERING DESIGN AND ENVIRONMENTAL PERMITTING SERVICES FOR THE BEACH ACCESS REPAIRS AND UPGRADES FROM PINE AVENUE TO TAMARACK AVENUE PROJECT, CIP PROJECT NO. 3896 – Adoption of Resolution No. 2023-119 approving Amendment No. 4 to the professional services agreement with GHD Inc., for additional engineering design and environmental permitting services for the Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue Project, increasing the not to exceed amount by $189,935 and extending the term by three years. (Staff contact: Lauren Ferrell and Hossein Ajideh, Public Works Department) 3. ADVERTISE FOR BIDS FOR THE SENIOR CENTER ROOF REPLACEMENT PROJECT, CIP PROJECT NO. 4738 – Adoption of Resolution No. 2023-120 approving the plans, specifications and contract documents and authorizing the City Clerk to advertise for bids for the Senior Center Roof Replacement Project, CIP Project No. 4738. (Staff contact: Molly Amendt, Public Works Department) 4. CONTINUATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE ON HAYMAR DRIVE – Adoption of Resolution No. 2023-121 continuing the declaration of a storm-related local emergency for repair of a sinkhole in the area of Haymar Drive. (Staff contact: Tom Frank and Vicki Quiram, Public Works Department) Item No. 5 was pulled for public comment. 5. TRANSFER OF THE MANAGING GENERAL PARTNER INTEREST FOR THE VISTA TERRACE APARTMENTS FROM SOLUTIONS FOR CHANGE, INC. TO KINGDOM DEVELOPMENT, INC. – Adoption of Resolution No. 2023-122 authorizing the transfer of managing general partner interest for the Vista Terrace Apartments from Solutions For Change, Inc. to Kingdom Development, Inc. (Staff contact: Mandy Mills, Community Services Department) Mike Borrello expressed his concern regarding Solutions for Change. May 9, 2023 Carlsbad City Council Regular Meeting Page 3 Kelly Le Berthon spoke regarding Solutions for Change. Mayor Blackburn asked staff for a brief overview of Item No. 5. Housing & Homeless Services Director Mandy Mills explained that the item is regarding a property in Vista that the City of Carlsbad allocated home funds to Solutions for Change to be used for graduates of their program, as they were not able to find housing in Carlsbad at the preferred price range. Housing & Homeless Services Director Mills also explained that home funds are administered from the County of San Diego. She added that the rental assistance is essential to maintain rental income to maintain the project. She explained that the County of San Diego announced that because of the government funding, residents could not be limited to only graduates of Solutions for Change and imposing sobriety was not allowed. 6. AMENDMENT TO THE LEASE AGREEMENT WITH MIRA COSTA COMMUNITY COLLEGE DISTRICT FOR THE LAS PALMAS PROPERTY, 2075 LAS PALMAS DRIVE – Adoption of Resolution No. 2023-123 authorizing the City Manager to execute Amendment No. 1 to the lease agreement with the Mira Costa Community College District for the Las Palmas property (APN: 213-061-19-00). (Staff contact: Curtis M. Jackson, Community Services Department) ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 7. ORDINANCE NO. CS-447 - MILITARY EQUIPMENT USE – Adoption of Ordinance No. CS-447 renewing the Carlsbad Police Department’s Military Equipment Use Policy. (Staff contact: Kaylin McCauley, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-447. Senior Assistant City Attorney Ron Kemp titled the ordinance. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-447. Motion carried unanimously, 5/0. PUBLIC HEARING: 8. FISCAL YEAR 2023-24 HOMELESSNESS ACTION PLAN FUNDING PLAN AND ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – 1) Receive a presentation on the Fiscal Year 2023-24 Homelessness Action Plan Funding Plan; and 2) Adoption of Resolution No. 2023-124 approving the Fiscal Year 2023-24 CDBG Annual Action Plan, and authorizing submission to the U.S. Department of Housing and Urban Development (Staff contact: Nicole Piano-Jones and Chris Shilling, Community Services Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. May 9, 2023 Carlsbad City Council Regular Meeting Page 4 Housing & Homeless Services Director Mandy Mills, Homeless Services Manager Chris Shilling, and Management Analyst Nicole Piano-Jones presented the staff report (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 6:12 p.m. Glenn Bernard spoke regarding military homelessness. Tracy Carmichael expressed her concerns regarding the Homelessness Action Plan. Socorro Anderson expressed her concerns regarding the combining of the CDBG Committee with the Housing Commission. Fair Housing at Legal Aid Society of San Diego Senior Attorney Amalea Romero spoke regarding expressed her gratitude of the CDBG funding. Joel Skaron, on behalf of a group consisting of Tamara Dixon, Mike Borrello and Kelly Le Berthon, spoke regarding the difficulties of living homeless and suggested some type of homeless to housing integration program. Hearing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 6:33 p.m. In response to Mayor Blackburn’s inquiry regarding the speakers’ questions regarding citizen participation, Housing & Homeless Services Director Mills explained that there is CDBG citizen participation which is publicly noticed for each step. She added that there is also a funding plan citizen participation which is a by-product of the Homelessness Action Plan, and there were a series of publicly noticed meetings, mostly in 2021. In response to Council Member Acosta’s inquiry regarding the General Fund spending decrease, Housing & Homeless Services Director Mills explained that the main difference of the funding sources is the addition of the Permanent Local Housing Allocation funding. She added that the increase in the non-general fund portion is because of an additional grant from Housing and Urban Development for rapid rehousing. In response to Mayor Blackburn’s inquiry, Homeless Services Manager Chris Shilling explained that housing assistance includes both preventing people from losing their housing as well as ongoing rental assistance. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-124. Motion carried unanimously, 5/0. Mayor Blackburn declared a recess at 7:15 p.m. Mayor Blackburn reconvened the meeting at 7:22 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: Item No. 12 was heard before Item No. 9. 12. DISTRICT 2 APPOINTMENT OF ONE MEMBER TO THE PARKS & RECREATION COMMISSION – Adoption of Resolution No. 2023-127 appointing one member to the Parks & Recreation May 9, 2023 Carlsbad City Council Regular Meeting Page 5 Commission. (Staff contact: Tammy McMinn, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolution. Motion by Council Member Luna to adopt Resolution No. 2023-127 appointing Joe Gisbert to the Parks & Recreation Commission. Motion carried unanimously, 5/0. 9. CLIMATE ACTION PLAN ANNUAL REPORT FOR THE REPORTING PERIOD 6, JAN. 1, 2022 - DEC. 31, 2022 – Adoption of Resolution No. 2023-125 accepting the Climate Action Plan Annual Report for the Reporting Period 6, Jan. 1, 2022 – Dec. 31, 2022. (Staff contact: Katie Hentrich, Public Works Department) City Manager’s Recommendation: Adopt the resolution. Senior Program Manager Katie Hentrich reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mike Borrello spoke regarding climate models. Vanessa Forsythe requested the city form a committee or task force to help facilitate climate change education to the community. Carlsbad Sierra Club representative Paige DeCino expressed that a stronger climate action plan is needed. Kathy Parker requested that gas powered leaf blowers be banned to assist with air pollution, noise pollution and the use of fossil fuels. Gregg Ferry voiced his concerns regarding climate change. In response to Council Member Acosta’s inquiry, Senior Program Manager Hentrich explained that there is state legislation banning the sale of new gas powered leaf blowers effective 2024. In response to Mayor Blackburn’s inquiry, Community Development Director Jeff Murphy explained that by having a Climate Action Plan, many development projects would rely on that as a mitigation measure for the California Environmental Quality Act and ensure compliance. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-125. Motion carried unanimously, 5/0. 10. ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD – Receive an update, review options and provide direction to staff on how to proceed related to electrification in new buildings in the next Climate Action Plan draft in 2023. (Staff contact: Katie Hentrich, Public Works Department) City Manager’s Recommendation: Receive the report and provide direction as necessary. May 9, 2023 Carlsbad City Council Regular Meeting Page 6 Senior Program Manager Katie Hentrich reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Sierra Club and San Diego Building Electrification Coalition representative Linda Daniels spoke regarding advocation of building electrification and requested a building ordinance be passed requiring all new construction be electric. Vanessa Forsythe spoke in support of building electrification. Paige DeCino spoke in support of building electrification and expressed her concern regarding waiting for the Berkley case. Mary Hassing expressed her concerns regarding the use of gas and supports building electrification. Kelly Le Berthon suggested ways to save or not use electricity. Tamara Dixon spoke regarding an article called “Blood Cobolt” regarding electric vehicles. In response to Council Member Acosta’s inquiry, Senior Assistant City Attorney Ron Kemp explained the Berkeley case. In response to Council Member Acosta’s inquiry, city consultant Energy Policy Initiatives Center (EPIC) – University of San Diego School of Law Staff Attorney Joe Kaatz explained that the report pre-dates the Berkeley decision and was written using existing law, and that the reach code can be updated every three years. City Council discussion ensued. Motion by Mayor Blackburn, seconded by Council Member Acosta, selecting Option No. 3 to wait for updates to the California Restaurant Association v. City of Berkeley case, and requesting staff return with a follow-up item on July 11, 2023. Motion carried unanimously, 5/0. 11. MEMORANDUM OF UNDERSTANDING REGARDING PRELIMINARY PLANNING ACTIVITIES FOR A REGIONAL BEACH SAND PROJECT – Adoption of Resolution No. 2023-126 approving a Memorandum of Understanding between the San Diego Association of Governments and the City of Carlsbad regarding preliminary planning activities for a Regional Beach Sand Project, and approving the allocation and appropriation of $64,677 of grant funds from the Agricultural Mitigation Fee Fund. (Staff contact: Kyle Lancaster, Community Services Department) City Manager’s Recommendation: Adopt the resolution. Motion by Mayor Blackburn, seconded by Mayor Pro Tem Pro Tem Bhat-Patel, to adopt Resolution No. 2023-126. Motion carried unanimously, 5/0 May 9, 2023 Carlsbad City Council Regular Meeting Page 7 This item was heard before Departmental and City Manager Report Item No. 9. 12. DISTRICT 2 APPOINTMENT OF ONE MEMBER TO THE PARKS & RECREATION COMMISSION - Adoption of Resolution No. 2023-127 appointing one member to the Parks & Recreation Commission. (Staff contact: Tammy McMinn, City Clerk's Department) City Manager's Recommendation: Adopt the resolution. CONTINUATION OF PUBLIC COMMENT: Arya Fontanpour spoke regarding e-bike safety among the youth. Treena Priest spoke regarding AB1207. COUNCIL REPORTS AND COMMENTS: Mayor Blackburn and the City Council Members reported on activities and meetings of some committees and subcommittees of w hich 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, May 10, 2023 -4:30 -6:30 p.m. ist Annual Carlsbad Green Business Program Recognition Event Agua Hedionda Lagoon Foundation Discovery Center 1580 Cannon Rd . Carlsbad, CA Thursday, May 11, 2023 -7 a.m. -10 a.m. North County Economic Summit California State University, San Marcos Ballroom 333 S. Twin Oaks Va lley Rd. San Marcos, CA CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 9:10 p.m. ~ L Tamara R. McMinn, CPMC, CMC f . Senior Deputy City Clerk