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Home My WebLink About2024-07-30; City Council; MinutesCITY COUNCIL Minutes July 30, 2024, 5 p.m. CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 PLEDGE OF ALLEGIANCE: City Manager Scott Chadwick led the Pledge of Allegiance. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held on June 25, 2024 Minutes of the Regular Meeting held on July 16, 2024 Minutes of the Citizens of the Year Special Meeting held on July 23, 2024 Minutes of the Special Meeting held on July 23, 2024 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to approve the minutes as presented. Motion carried, 5/0. PRESENTATIONS: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. PUBLIC COMMENT: Mary Lucid spoke regarding her suspension from the Senior Center. Mehdi Sarram spoke regarding traffic issues and how Council should reconsider the trash service with Republic Services. Kelly McCormick, a volunteer with the American Cancer Society, spoke regarding Relay for Life which will be held at the Army Navy Academy. Vanessa Forsythe requested that the quarterly sustainability newsletters be published for the public and requested that synthetic turf not be used since it has toxic chemicals that are harmful to the health of residents. CONSENT CALENDAR: Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 1 through 4. Motion carried, 5/0. 1. SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF BRYAN HARGETT -Adoption of Resolution No. 2024-190 authorizing settlement of the workers' compensation claim of Bryan Hargett. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) July 30, 2024 Carlsbad City Council Regular Meeting Page 2 2. SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF VINCE MANISCALCO -Adoption of Resolution No. 2024-191 authorizing settlement of the workers' compensation claim of Vince Maniscalco. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) 3. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE-Adoption of Resolution No. 2024-192 designating City Council Member Teresa Acosta the voting delegate and Mayor Pro Tern Priya Bhat-Patel the alternate voting delegate for the League of California Cities Annual Conference and Expo being held in Long Beach on Oct. 16-18, 2024. (Staff contact: Faviola Medina, City Clerk Department) 4. FISCAL YEAR 2023 STATE HOMELAND SECURITY PROGRAM GRANT-Adoption of Resolution No. 2024-193 accepting $65,764 in grant funds for the fiscal year 2023 State Homeland Security Program, authorizing the City Manager to execute required standard assurances, and authorizing the City Manager or designee to appropriate funds to the Public Safety Grants Special Revenue Fund for program expenses. (Staff contact: Deborah Baird, Fire Department) BOARD AND COMMISSION MEMBER APPOINTMENTS: 5. MAYORAL APPOINTMENT OF TWO MEMBERS TO THE LIBRARY BOARD OF TRUSTEES -1) Adoption of Resolution No. 2024-194 appointing one member to the Library Board of Trustees; and 2) Adoption of Resolution No. 2024-195 appointing one member to the Library Board of Trustees. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolutions. Kelly LeBerthon expressed concern with Councils selection process for the Library Board of Trustees. Scott Davison with the Carlsbad Education Alliance regarding the selection process for the Library Board of Trustees. Nomination by Mayor Blackburn to adopt Resolution No. 2024-194 appointing Larry Laufer to the Library Board of Trustees. Motion carried, 4/1 (Burkholder-No). Nomination by Mayor Blackburn to adopt Resolution No. 2024-195 appointing Gina McBride to the Library Board of Trustees. Motion carried unanimously, 5/0. 6. MAYORAL APPOINTMENT OF ONE MEMBER TO THE TRAFFIC SAFETY & MOBILITY COMMISSION: Adoption of Resolution No. 2024-196 appointing one member to the Traffic Safety & Mobility Commission. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolution. July 30, 2024 Carlsbad City Council Regular Meeting Page 3 Nomination by Mayor Blackburn to adopt Resolution No. 2024-196 appointing Philip Armstrong to the Traffic Safety & Mobility Commission. Motion carried unanimously, 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 7. ORDINANCE NO. CS-472 REPEALING CARLSBAD MUNICIPAL CODE CHAPTER 3.38 AND DISESTABLISHING THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT - • Adoption of Ordinance No. CS-472 repealing Chapter 3.38 of the Carlsbad Municipal Code and disestablishing the Carlsbad Golf Lodging Business Improvement District. (Staff contact: Faviola Medina, City Clerk Department) City Manager's Recommendation: Adopt Ordinance No. CS-472. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta to adopt Ordinance No. CS-472. Motion carried unanimously, 5/0. PUBLIC HEARING: 8. 2024 HAZARD REDUCTION COST REPORT-Adoption of Resolution No. 2024-197 approving the 2024 Hazard Reduction Cost Report and directing the City Clerk to file a certified copy of the resolution and report with the San Diego County Auditor before Aug. 10, 2024. (Staff contact: Randy Metz, Fire Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Fire Division Chief Randy Metz presented the report (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 5:27 p.m. Seeing no one wishing to speak on this item, Mayor Blackburn closed the duly noticed public hearing at 5:27 p.m. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-197. Motion carried unanimously, 5/0. 9. 2024 ZONING CODE CLEAN-UP -1) Introduction of Ordinance No. CS-473 approving amendments to Title 8, Public Peace, Morals and Safety, and Title 11, Public Property, of the Carlsbad Municipal Code (Case Name: 2024 Zone Code Cleanup; Case No.: MCA 2024-0001 (PUB 2024-0005); and 2) Introduction of Ordinance No. CS-474 approving amendments to Title 15, Grading and Drainage and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code (Case Name: 2024 Zone Code Cleanup; Case No.: ZCA 2024-0001/ LCPA 2024-0020/ MCA 2024-0001 (PUB 2024- 0005)); and July 30, 2024 Carlsbad City Council Regular Meeting Page 4 3) Adoption of a Resolution No. 2024-198 approving a Local Coastal Program Amendment to update the Local Coastal Program Implementation Plan by incorporating amendments to Title 15, Grading and Drainage, and Title 21, Zoning Ordinance, of the Carlsbad Municipal Code {Case Name: 2024 Zone Code Clean Up; Case No.: ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 {PUB 2024-0005)). {Staff contact: Nicole Morrow, Community Services Department) City Manager's Recommendation: Take public input, close the public hearing, introduce the ordinances and adopt the resolution. Assistant Planner Nicole Morrow, Senior Planner Scott Donnell and Principal Planner Robert Efird presented the report and reviewed a PowerPoint presentation {on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 5:37 p.m. Julianne Adamik spoke on behalf of a group consisting of Joe Collins, Ann Collins, and Jon Phoedovius, in favor of the zoning code clean-up for code section 21.10.040 Home Occupations. Mayor Blackburn closed the duly noticed public hearing at 5:43 p.m. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Luna, to remove the following from Ordinance No. CS-474: 10. That Table A, Permitted Uses, of Section 21.10.020 {R-1 One-Family Residential Zone) of the Carlsbad Municipal Code is amended by the addition of the following use listings and related footnotes 5 and 6 to read as follows: 21.10.020 Permitted uses. Use Table A Permitted Uses Poultry, roosters prohibited {5 or less) {see note 5) Poultry, roosters prohibited (6-15) (see note 6) Notes: p CUP Ace X X 5. Poultry, roosters prohibited (5 or less); The animals must have a designated enclosure, provided that the animals' enclosure shall not be located within the required front yard. The enclosure shall also not be located within fifteen feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within fifteen feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so July 30, 2024 Carlsbad City Council Regular Meeting Page 5 indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor. 6. Poultry, roosters prohibited (6-15); The animals must have a designated enclosure, provided that the animals' enclosure shall not be located within the required front yard. The enclosure shall also not be located within forty feet of a habitable structure on an adjoining parcel zoned for residential uses, nor shall the enclosure be located within forty feet of a parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. Animal enclosures must be regularly maintained and kept in a clean and sanitary manner to prevent the accumulation of flies, the spread of disease, or offensive odor. Motion carried unanimously, 5/0. Minute motion by Council Member Luna, seconded by Council Member Burkholder, directing staff to return to City Council with an item on Section 21.10.020 Permitted Uses of the ordinance be brought forth to Council once staff has formed an outreach program. Motion passes carried unanimously, 5/0. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Luna to introduce Ordinance No. CS-473, An Ordinance of the City Council of the City of Carlsbad, California, Approving Amendments to Title 8, Public, Peace, Morals and Safety, and Title 11, Public Property, of the Carlsbad Municipal Code. Case Name: 2024 Zone Code Cleanup. Case No.: MCA 2024-0001 (PUB 2024-0005); and Introduce Ordinance No. CS-474 as amended above, An Ordinance of the City Council of the City of Carlsbad, California, Approving a Zone Code Amendment and a Local Coastal Program Amendment to Title 15, Grading and Drainage, and Title 21, Zoning Ordinance of the Carlsbad Municipal Code to Complete Various Miscellaneous Cleanup Changes. Case Name: 2024 Zone Code Cleanup. Case No.: ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001 (PUB 2024-0005). Motion carried unanimously, 5/0. 10. AMENDMENT TO THE CARLSBAD MUNICIPAL CODE TO PROHIBIT SMOKING IN MULTIUNIT RESIDENCES -1) Introduction of an ordinance adding Chapter 6.15 to the Carlsbad Municipal Code to prohibit smoking in multi-unit residences (Case Name: Smoke-Free Multi-Unit Housing Ordinance; Case No.: ZCA 2024-0004); and 2) Consider the enforcement options provided in the staff report and provide direction. (Staff contact: Mike Strong, Community Services Department) City Manager's Recommendation: Take public input, close the public hearing, introduce the ordinance, consider options and provide direction. Mayor Blackburn disclosed that he owns apartments in Carlsbad, and had inquired with the City Attorney as to whether he had to disqualify himself and the answer was that although he has financial interest in multifamily property in Carlsbad, he was able to participate in the agenda item under what is known as public generally exception. He added that the exception applies because the decision on the agenda will affect more than 25% of the residential July 30, 2024 Carlsbad City Council Regular Meeting Page 6 property in Carlsbad and will not uniquely affect the property in which he has a financial interest. Assistant Director of Community Development Mike Strong presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 6:05 p.m. Jennifer Gill spoke in support of staff recommendations. Kelly McCormick spoke in support of staff recommendations. Vanessa Forsythe with Clean Earth for Kids spoke in support of staff recommendations. Leann Wissink spoke in opposition to staff recommendations and believes condominiums should be exempt from the ordinance. Gena Knutson spoke in support of staff recommendations. Patrick Mason, on behalf of the American Cancer Society, spoke in support of staff recommendations. Seeing no one wishing to speak on this item, Mayor Blackburn closed the duly noticed public hearing at 6:20 p.m. Council Member Burkholder stated that she thinks that the ordinance feels to her like an overreach of the City and believes that Landlords and Property Mangers can make their own determination within the confines of the lease and doesn't think the City should be involved. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to introduce Ordinance No. CS-475. Motion carried unanimously, 4/1 (Burkholder-No). DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AGREEMENT WITH ROMTEC, INC. FOR DESIGN SERVICES AND PRE-ENGINEERED BUILDING MATERIAL KITS FOR THE VETERANS MEMORIAL PARK PROJECT (CIP PROJECT NO. 4609) Adoption of Resolution No. 2024-199 awarding a professional services agreement to Romtec, Inc. to provide design services and pre-engineered building material kits for three buildings for the Veterans Memorial Park Project, Capital Improvement Program Project No. 4609, in an amount not-to-exceed $1,650,995. (Staff contact: Todd Reese, Community Services Department) City Manager's Recommendation: Adopt the resolution. July 30, 2024 Carlsbad City Council Regular Meeting Page 7 Parks & Recreation Director Kyle Lancaster and Parks Services Manager Todd Reese presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Resolution No. 2024-199 Motion carried unanimously, 5/0. 12. SEMIANNUAL TRANSPORTATION REPORT -Receive the Semiannual Transportation Report. (Staff contact: Tom Frank, Public Works Department) City Manager's Recommendation: Receive the report. Transportation Director Tom Frank presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Traffic Safety & Mobility Commission Chair Josh Coelho spoke in support of the Semiannual Transportation Report. The City 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. 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. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 7:08 p.m. Ana Marie Alarcon, CMC Deputy City Clerk