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HomeMy WebLinkAbout2023-08-22; 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: Mayor Blackburn announced that the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item Nos. 3 and 4. PLEDGE OF ALLEGIANCE: City Attorney Cindie McMahon led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held June 13, 2023 Minutes of the Special Meeting held June 20, 2023 Minutes of the Regular Meeting held June 20, 2023 Minutes of the Special Meeting held July 11, 2023 Minutes of the Regular Meeting held July 11, 2023 Minutes of the Special Meeting held July 18, 2023 Minutes of the Regular Meeting held July 18, 2023 Minutes of the Special Meeting held July 25, 2023 Minutes of the Regular Meeting held July 25, 2023 Minutes of the Special Meeting held Aug. 15, 2023 Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the minutes as presented. Motion carried unanimously, 5/0. PRESENTATIONS: None. PUBLIC COMMENT: Glenn Bernard spoke regarding TransparentCalifornia.com. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon announced that there was no reportable action. CONSENT CALENDAR: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 2 through 4 and 6 through 8. Motion carried unanimously, 5/0. This item was pulled due to a public speaker. 1. AGREEMENT WITH GHD INC. FOR THE KELLY DRIVE AND PARK DRIVE COMPLETE STREET IMPROVEMENTS PROJECT, CIP PROJECT NO. 6075 – Adoption of a resolution approving a professional services agreement with GHD Inc., to provide engineering and construction Aug. 22, 2023, 5 p.m. CITY COUNCIL Minutes Aug. 22, 2023 Carlsbad City Council Regular Meeting Page 2 support services for the Kelly Drive and Park Drive complete street improvements, Capital Improvement Program Project No. 6075, and authorizing the City Manager to execute the agreement. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works Department) 2. AGREEMENT WITH NMS MANAGEMENT, INC. FOR CITYWIDE PARKS RESTROOM CUSTODIAL SERVICES Adoption of Resolution No. 2023-218 approving an agreement for citywide parks restroom custodial services to NMS Management, Inc., in an amount not to exceed $704,676 for the first year of the agreement, authorizing the Deputy City Manager, Administrative Services, to appropriate $32,298 from the General Fund to the Parks & Recreation fiscal year 2023-24 operating budget and authorizing the City Manager or designee to execute amendments and agreement extensions for three additional one-year periods or parts thereof. (Staff contact: Brian Bacardi, Public Works Department) 3. APPROVING GRANT AGREEMENT WITH LOCAL PROJECT PARTICIPANTS FOR RECYCLED WATER STATE GRANT FUNDING PROGRAM, CIP PROJECT NO. 5210 – Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1714 approving the local project participant agreement for the Proposition 1, Round 2 Integrated Regional Water Management Program Implementation Grant award for the North San Diego Water Reuse Coalition Regional Recycled Water Program and authorizing the Carlsbad Municipal Water District Executive Manager or designee to sign the agreement. (Staff contact: Shoshana Aguilar and Vicki Quiram, Public Works Department) 4. AUTHORIZE AN APPROPRIATION OF $1 MILLION FOR THE RECYCLED WATER PHASE III, D-4 RESERVOIR PROJECT, CIP PROJECT NO. 5210 – Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1715 authorizing the Deputy City Manager, Administrative Services, or designee, to appropriate $1 million from the Recycled Water Connection Fund to the Recycled Water Phase III, D-4 Reservoir Project. (Staff contact: Dave Padilla and Vicki Quiram, Public Works Department) This item was pulled by Mayor Blackburn for discussion. 5. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE – Adoption of a resolution designating City Council Member Teresa Acosta the voting delegate and Mayor Pro Tem Priya Bhat-Patel the alternate voting delegate for the League of California Cities Annual Conference and Expo to be held in Sacramento on Sept. 20-22, 2023. (Staff contact: Faviola Medina, City Clerk Department) 6. APPOINTMENT OF FIVE MEMBERS TO THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD – 1) Adoption of Resolution No. 2023-220 appointing Patrick Sarte to the Carlsbad Tourism Business Improvement District Advisory Board; and 2) Adoption of Resolution No. 2023-221 appointing Samantha Beszeditz to the Carlsbad Tourism Business Improvement District Advisory Board; and 3) Adoption of Resolution No. 2023-222 appointing Keith Noe to the Carlsbad Tourism Aug. 22, 2023 Carlsbad City Council Regular Meeting Page 3 Business Improvement District Advisory Board; and 4) Adoption of Resolution No. 2023-223 appointing Hector Becerra to the Carlsbad Tourism Business Improvement District Advisory Board; and 5) Adoption of Resolution No. 2023-224 appointing Randal Chapin to the Carlsbad Tourism Business Improvement District Advisory Board. (Staff contact: Tammy McMinn, City Clerk Department) 7. REPORT ON CITY INVESTMENTS AS OF JUNE 30, 2023 – Accept and file Report on City Investments as of June 30, 2023. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) 8. AGREEMENT WITH ESRI, INC. FOR RENEWAL OF THE ENTERPRISE ADVANTAGE PROGRAM SUBSCRIPTION – Adoption of Resolution No. 2023-225 authorizing the City Manager or designee to execute an agreement with ESRI, Inc., for the renewal of the ESRI Enterprise Advantage Program subscription in an amount not to exceed $168,700 per year for a two- year term ending August 31, 2025. (Staff contact: David Graham and David van Gilluwe, Administrative Services Department) CONSENT CALENDAR ITEMS PULLED: This item was pulled due to a public speaker. 1. AGREEMENT WITH GHD INC. FOR THE KELLY DRIVE AND PARK DRIVE COMPLETE STREET IMPROVEMENTS PROJECT, CIP PROJECT NO. 6075 – Adoption of a resolution approving a professional services agreement with GHD Inc., to provide engineering and construction support services for the Kelly Drive and Park Drive complete street improvements, Capital Improvement Program Project No. 6075, and authorizing the City Manager to execute the agreement. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works Department) Kris Wright spoke regarding her concerns about the roundabout on Kelly Drive and Park Drive. Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, for staff to return to the City Council to have a full discussion on information related to pending designs. Motion carried unanimously, 5/0. This item was pulled by Mayor Blackburn for discussion. 5. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE – Adoption of Resolution No. 2023-219 designating City Council Member Teresa Acosta the voting delegate and Mayor Pro Tem Priya Bhat-Patel the alternate voting delegate for the League of California Cities Annual Conference and Expo to be held in Sacramento on Sept. 20-22, 2023. (Staff contact: Faviola Medina, City Clerk Department) Aug. 22, 2023 Carlsbad City Council Regular Meeting Page 4 In response to Mayor Blackburn’s inquiry, City Clerk Services Manager Faviola Medina explained that the League of California Cities requests that the City Council formally vote for the League representatives including the adoption of a resolution. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2023-219. Motion carried unanimously, 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: None. Mayor Blackburn called for a recess at 5:17 p.m. Mayor Blackburn reconvened the meeting at 5:30 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. HOUSING ELEMENT PROGRAM: OPTIONS TO DEVELOP A SMOKE-FREE MULTIFAMILY HOUSING ORDINANCE – That the City Council take one of the following actions: 1) Take no action, thereby maintaining the city’s current smoking regulations; or 2) Direct staff to develop a complete smoking prohibition in multifamily housing units and outdoor common areas and return to City Council for consideration; or 3) Direct staff to develop customized smoking prohibitions based on City Council discussion and direction and return to City Council for consideration. (Staff contact: Mike Strong, Community Services Department) City Manager’s Recommendation: Provide direction to staff. Assistant Community Development Director Mike Strong reviewed a PowerPoint presentation (on file in the Office of the City Clerk). California Apartment Association Vice President of Local Public Affairs Melanie Woods spoke in support of Option 3. Jaxen Carlisle spoke in favor of smoke free environments and the impacts of smoking in the schools. Katrina Preece spoke in favor of staff recommendation Option 2. John Byrom spoke in favor of a 100% smoke ban including marijuana and vaping. Public Health Educator with San Dieguito Alliance for Drug Free Youth Kelly McCormick spoke in favor of a 100% smoke free ordinance. Aug. 22, 2023 Carlsbad City Council Regular Meeting Page 5 San Diego Alliance for Drug Free Youth Policy Research Analyst Peggy Walker spoke in favor of Option 2. Vista Community Clinic Tobacco Control Program Manager Jennifer Gill spoke in favor of Option 2. NAACP Youth Council, CleanEarth4Kids.org and Black Student Union representative Caleb Hodgens spoke in favor of Option 2. Michael Ydigoras spoke in support of Options 2 and 3. Yolanda Smith spoke in support of Option 2. Vista Community Clinic Tobacco Control Program representative Esperanza Garay spoke on behalf of Chamberlain Properties Regional Property Manager Holy Lewellyn regarding the difficulty she faces in enforcing no smoking policies. Vanessa Forsythe spoke in support of Option 2. In response to Mayor Blackburn’s inquiry, Assistant Community Development Director Strong explained that the policy would be for any housing unit over two units or projects of certain size or percentage of projects. In response to Council Member Burkholder’s inquiry, Community Development Assistant Director Strong explained that there is a statute that states that property managers and property owners have the right to make non-smoking clause lease agreements. In response to Council Member Burkholder’s inquiry regarding enforcement, Community Development Assistant Director Strong explained that when speaking to other cities, they reported a difficulty with enforcement while using Police Department or Code Enforcement. He also explained that the best tool is education during any response which facilitates compliance. Mayor Blackburn voiced his concern with apartment management needing to uphold the policy and the lack of response from the residents, and suggested giving them the tool of a city ordinance to stand behind. Mayor Blackburn also shared his concern regarding enforcement and that the Police Department would not be enforcing this ordinance. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to direct staff to move forward with Option 2 including options to provide enforcement mechanisms. Aug. 22, 2023 Carlsbad City Council Regular Meeting Page 6 Council Member Acosta explained that more research needs to be done and the ordinance would show Council’s commitment to the current city values and will be supporting Option 2. Council Member Burkholder requested more information around the subject of enforcement and does not want to see the ordinance cost staff resources and time. She explained that she would not be supporting Option 2. Council Member Luna requested an amendment to the motion to include City Council’s consideration related to education as well as enforcement mechanisms. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, selecting Option 2, directing staff to develop a complete smoking prohibition in multifamily housing units and outdoor common areas to include education and enforcement mechanisms and return to the City Council for consideration. Motion carried, 4/1 (Burkholder – No). 10. PRESENTATION AND DEMONSTRATION ON THE LIBRARY’S LIBBY APP – Receive a report on the library reading app, Libby. (Staff contact: Suzanne Smithson, Community Services Department) City Manager’s Recommendation: Receive the report. Senior Library Erin Peak and Lead Librarian Darrin Williamson reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council received the report. 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 Mayor Pro Tem Bhat-Patel, for staff to return to the City Council with an item for consideration and action related to the City Council Member’s use of the City’s official logo, seal and letterhead to include background, any best practices, any comparative analysis of what others are doing and options for City Council’s consideration. Motion carried unanimously, 5/0. 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. Thursday, Aug. 24, 2023 – 5 p.m. - 7 p.m. Visit Carlsbad Summer Mixer 3088 State St., Suite 103 Carlsbad, CA Aug.22,2023 Carlsbad City Council Regular Meeting Page 7 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ~ITV CLERK COMMENTS: None. ADJOl.JRNMENT: Mayor Blackburn adjourned the duly noticed meeting at 6:44 p.m. "~tCOHafzim,,.;,., Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk