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HomeMy WebLinkAbout2021-07-13; City Council; MinutesCITY COUNCIL Minutes July 13, 2021, 6 p.m. CALL TO ORDER: 6 p.m. ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. 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. 9. Mayor Hall also announced that the City Council may be participating in upcoming events on Thursday July 15, 2021 at 3:00 p.m. for the Thermo Fisher Grand Opening Ceremony at 5791 Van Allen Way, Carlsbad, California and on Monday July 19, 2021 at 8:30 a.m. at the Carlsbad Fire Department's Awards & Recognition Ceremony held at the Safety Training Center at 5750 Orion St., Carlsbad, California. INVOCATION: None. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held May 11, 2021 Minutes of the Regular Meeting held June 8, 2021 Minutes of the Regular Meeting held June 22, 2021 Minutes of the Special Meeting held June 23, 2021 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes as presented. Motion carried unanimously, 4/0. PRESENTATIONS: Proclamation in recognition of Parks and Recreation Month Council Member Acosta read the proclamation. Senior Commissioner Patricia Mehan said a few words. Proclamation in recognition of Library Board Trustee Dr. A. Sandy Parsons Mayor Hall read the proclamation. Library Board Trustee Dr. Parsons said a few words. Recognition of donation from the Carlsbad Friends of the Library Library and Cultural Arts Director Suzanne Smithson said a few words and introduced Vice President of Carlsbad Friends of the Library Robbye Adams. Vice President Adams said a few words. July 13, 2021 Carlsbad City Council Regular Meeting Page2 PUBLIC COMMENT: Katie Taylor representing a group (Angela Derby; Theresa Carpenter; and Ellie Arkaus) expressed her support for the resignation of former Council Member Schumacher and spoke about the need for positive change amongst the City Council. She also spoke about some changes the people of Carlsbad will be looking for with the City Council. Lynda Daniels spoke about the need for further recognition of climate change and global warming. She also urged the City Council to declare a climate emergency. Larry Posner expressed his concern over the increase of City of Carlsbad staff and urged the City Council to do more to help struggling businesses in the village. He also expressed his concern to the City Council over the resignation of former Council Member Schumacher. CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1 through 3 and 5 through 9. Motion carried unanimously, 4/0. 1. REPORT ON CITY INVESTMENTS AS OF MAY 31, 2021 -Accept and file Report on City Investments as of May 31, 2021. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) 2. PURCHASE OF EXCESS WORKERS' COMPENSATION COVERAGE THROUGH SAFETY NATIONAL CASUALTY CORPORATION-Adoption of Resolution No. 2021-159 approving the purchase of excess workers' compensation coverage through Safety National Casualty Corporation for FY 2021-22 in an amount not to exceed $259,270. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) 3. PURCHASE OF EXCESS LIABILITY COVERAGE THROUGH CALIFORNIA INSURANCE POOL AUTHORITY-Adoption of Resolution No. 2021-160 approving the purchase of a maximum of $43 million of excess liability coverage through California Insurance Pool Authority for fiscal year 2021-22 in an amount not to exceed $753,424. (Staff contact: Ed Garbo, Administrative Services Department) This item was pulled for discussion by a member of the public. 4. PURCHASE OF $100 MILLION OF PROPERTY INSURANCE COVERAGE THROUGH AON - Adoption of a resolution approving the purchase of $100 million of property insurance . j coverage through Aon for FY 21-22 in an amount not to exceed $386,834. (Staff contact: Ed Garbo, Human Resources) 5. ACCEPTING A $36,575 PLEDGE OF DIRECT SUPPORT FROM THE CARLSBAD FRIENDS OF THE LIBRARY-Adoption of Resolution No. 2021-162 accepting a $36,575 pledge of direct support from the Carlsbad Friends of the Library to the City of Carlsbad's Library & Cultural Arts Department. (Staff contact: Suzanne Smithson, Library & Cultural Arts) July 13, 2021 Carlsbad City Council Regular Meeting Page 3 6. AGREEMENT FOR PARKS MAINTENANCE SERVICES, WORK CATEGORY B TO WEST COAST ARBORISTS INC. -Adoption of Resolution No. 2021-163 awarding an agreement for Parks Maintenance Services, Work Category B -Trees, to West Coast Arborists, Inc. in an amount not to exceed $1,224,898 per year, during the initial two-year term of the agreement. (Staff contact: Tim Selke, Parks & Recreation) 7. CONSTRUCTION CONTRACT AND COOPERATIVE PURCHASE AGREEMENT FOR THE POINSETTIA COMMUNITY PARK PHASE IV IMPROVEMENTS PROJECT, CIP NO. 4608 - Adoption of Resolution No. 2021-164 awarding a construction contract to Senitica Construction, Inc. for the Poinsettia Community Park Phase IV Improvements Project, CIP No. 4608 in an amount not to exceed $1,870,600; authorizing the cooperative purchase through the use of a California Multiple Award Schedule Contract, for a pre-engineered restroom building kit from Romtec, Inc., in an amount not to exceed $175,957; and appropriating $25,000 in additional funds from the public facilities fee fund. (Staff contact: Tim Selke, Parks & Recreation) 8. ADVERTISE FOR BIDS FOR THE VILLAS LIFT STATION REPLACEMENT PROJECT, CIP NO. 5550- Adoption of Resolution No. 2021-165 approving the plans and specifications and authorizing the City Clerk to advertise for bids for the Villas Lift Station Replacement Project, CIP No. 5550. (Staff contact: Vicki Quiram and Dave Padilla, Public Works) 9 .. MUTUAL AID AGREEMENT FOR EMERGENCY ASSISTANCE AMONG THE SAN DIEGO COUNTY WATER AUTHORITY AND ITS MEMBERAGENCIES-l)Adoption ofCMWD Resolution No.1659 authorizing the General Manager to execute a Mutual Aid Agreement with the San Diego County Water Authority and its member agencies to provide and receive emergency assistance; and 2) Adoption of CMWD Resolution No.1660 authorizing the General Manager to assist or request such assistance in the event of an emergency to ensure that the San Diego County Water Authori,ty and its member agencies can provide water services and safeguard the public's water system. (Staff contact: Vicki Quiram, Public Works) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: This item was pulled for discussion by a member of the pub.lie. 4. PURCHASE OF $100 MILLION OF PROPERTY INSURANCE COVERAGE THROUGH AON - Adoption of Resolution 2021-161 approving the purchase of $100 million of property insurance coverage through Aon for FY 21-22 in an amount not to exceed $386,834. (Staff contact: Ed Garbo, Human Resources) City Clerk Barbara Engleson announced that the public speaker meant to speak on item no. 14 and not item no. 4. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Resolution No. 2021-161. Motion carried unanimously, 4/0. ORDINANCES FOR INTRODUCTION: None. July 13, 2021 Carlsbad City Council Regular Meeting Page4 ORDINANCE FOR ADOPTION: None. PUBLIC HEARINGS: 10. FISCAL YEAR 2021-22 FINAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1, A SPECIAL ASSESSMENT DISTRICT Adoption of Resolution No. 2021-166 confirming the diagram and assessment and providing for the levy of the annual assessment for FY 21--22 for Street Lighting and Landscaping District No. 1, a special assessment district. (Staff contact: Jason Rosado, Administrative Services Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Assistant Finance Director Roxanne Muhlmeister and Assistant to the 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 6:40 p.m. Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:40 p.m. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Resolution No. 2021-166. Motion carried unanimously, 4/0. 11. FISCAL YEAR 2021-22 FINAL ENGINEER'S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, A SPECIAL ASSESSMENT DISTRICT Adoption of Resolution No. 2021-167 confirming the diagram and assessment and providing for the levy of the annual assessment for FY 21-22 for Street Lighting and Landscaping District No. 2, a special assessment district. (Staff contact: Jason Rosado, Administrative Services Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Assistant Finance Director Roxanne Muhlmeister and Assistant to the 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 6:42 p.m. Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:42 p.m. July 13, 2021 Carlsbad City Council Regular Meeting Page 5 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Resolution No. 2021-167. Motion carried unanimously, 4/0. 12. CREDIT CARD FEES -Adoption of Resolution No. 2021-168 adopting the addition of a credit card fee on the city's Master Fee Schedule. (Staff contact: Ryan Green, Administrative Services Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Finance Director Ryan Green presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Acosta, Finance Director Green explained that the City is not allowed to recoup more than the cost of credit card fees. In response to an inquiry from Council Member Bhat-Patel, Finance Director Green explained that no protest letters were received in regard to the item. In response to an inquiry from Mayor Hall, Finance Director Green explained that the 2% credit card fee can be altered to charge only for the Transient Occupancy Tax (TOT). Mayor Hall opened the duly noticed Public Hearing at 6:52 p.m. Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:52 p.m. In response to Council discussion, City Attorney Celia Brewer explained that in the resolution, on paragraph two, the words "business license tax" and "development fee transaction" would be striked and leave the words "Transient Occupancy Tax". Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Resolution No. 2021-168 with the words "business license tax" and "development fee transaction" striked. Motion carried unanimously, 4/0. 13. CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A FOUR-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED AT 320 HEMLOCK AVE -Adoption of Resolution No. 2021-169 denying the appeal and upholding the decision of the Planning Commission to approve a Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map to demolish an existing single-family home and construct a four-unit, residential air-space condominium project on a 0.19-acre in-fill site located at 320 Hemlock Avenue, within Mello II segment of the Local Coastal Program and Local Facilities Management Zone 1. (Case Name: Hemlock Coast Homes; Case No.: PUD 2020-0001/SDP 2020-0004/CDP 2020-0042/MS 2020-0003 (DEV2020-0023)) (Staff contact: Chris Garcia, Community Development) July 13, 2021 Carlsbad City Council Regular Meeting Page 6 City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. City Attorney Celia Brewer explained the municipal code provisions related to the Planning Commission appeal. City Planner Don Neu and Associate Planner Chris Garcia presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Appellant Kurt Hoy representing Coalition for Coastal Tamarack made his presentation. Applicant Kirk Moeller of KMJ Real Estate, LLC made his presentation. Mayor Hall opened the duly noticed Public Hearing at 7:21 p.m. The following individuals spoke in opposition to the project: Darrell Brunn; Mark Nolte; Kimberly Speak; Gary Ward; and Dan Marinelli. Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 7:37 p.m. In response to an inquiry from Council Member Bhat-Patel, Associate Planner Garcia explained the project does have some setbacks and variants. In response to an inquiry from Council Member Bhat-Patel, Applicant Moeller explained that they have considered requiring parking in the garage to avoid further traffic on the street. In response to an inquiry from Council Member Bhat-Patel, Associate Planner Garcia explained that the applicant submitted a preliminary review application for the project in January 2020 then a formal application was submitted in October 2020. He explained that the Planning Commission then approved the project in April 2021 and shortly after the appeal to the Planning Commission was filed. In response to an inquiry from Council Member Bhat-Patel, City Planner Neu explained that the projects location has a medium to high general plan density that allows for single and multi-families homes to be built. In · response to an inquiry from Council Member Bhat-Patel, Associate Planner Garcia explained that he has not heard about any infrastructure issues regarding the project. In response to an inquiry from Mayor Pro Tern Blackburn, Associate Planner Garcia explained that at the Planning Commission meeting public comments were read into the record and others attached to the staff report at the April 7, 2021 Planning Commission meeting based off of the public speakers' indication in their email. July 13, 2021 Carlsbad City Council Regular Meeting Page 7 In response to an inquiry from Mayor Pro Tern Blackburn, Associate Planner Garcia explained that the R3 zoning designation means a multi-family residential designation. In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Brewer explained that the Planning Commission meeting was held in accordance with the appropriate laws and all citizens were allowed to participate. City Attorney Brewer also added that the State Housing Accountability Act would also make it difficult for the City Council to deny or send back the project to the Planning Commission. In response to an inquiry from Council Member Acosta, City Planner Neu explained that the Objective Design Standards are currently being worked on. In response to an inquiry from Council Member Acosta, Associate Planner Garcia explained that street where the project is located at does allow for parking on both sides. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Resolution No. 2021-169. Motion carried unanimously, 4/0. Mayor Hall declared a recess at 8:00 p.m. Mayor Hall reconvened the meeting at 8:10 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. OPTIONS TO PRESERVE OPEN SPACE AND RECREATION IN THE SOUTHWEST QUADRANT- Receive a report in response to the City Council's Jan. 26, 2021 direction for staff to present a report within six months with viable strategies regarding Planning Area F and other coastal properties to preserve open space and recreation and provide direction to staff as appropriate. (Staff contact: Jeff Murphy, Community Development) City Manager's Recommendation: Receive the report and provide direction to staff as appropriate. Community Development Director Jeff Murphy, Parks & Recreation Director Kyle Lancaster, and Transportation Director Tom Frank presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Acosta, Community Development Director Murphy explained that an appraisal would be needed in order to determine the fair market price of the property in Planning Area F. He also added that the realignment cost cannot be determined without speaking to the public of the wants and needs for the linear park. In response to an inquiry from Council Member Acosta, Community Development Director Murphy explained that the development of the idea for the linear park came from many public meetings and the creation of a citizens advisory committee for the City of Carlsbad General Plan Comprehensive Update. July 13, 2021 Carlsbad City Council Re&ular Meeting Page8 In response to an inquiry from Council Member Acosta, Transportation Director Frank explained that there have been no public outreach meetings held regarding the linear park. In response to an inquiry from Council Member Blackburn, Community Development Director Murphy explained that land swapping with the State of California might not be required for the linear park project. In response to an inquiry from Mayor Hall, Community Development Director Murphy explained that the owner of the Ponto property is currently not considering selling the property to the City of Carlsbad. The following individuals spoke in support of developing a park in the Ponto area: Charles Wick; Paige DeCino speaking on Behalf of Preserve Calavera; Jodi Jones; Jane Naskiewicz and Michael Sebahar. Lance Schulte representing a group (Owen Rassman; Gail Norman and Kathy Schulte) spoke in support of developing a park in the Ponto Area. Arnie Cohen expressed concern for the ability to develop a park in the Planning Area F citing the unwillingness of the property owner to sell the property to the City of Carlsbad and the overall cost of the project. The following individuals spoke in support of developing a park in the Ponto area (Dale Ordas; Fred Briggs and Shannon Delaney). De'Ann Weimer representing a group (Jeff Neff-Sinclair; Elizabeth Banks and Kris Wright) spoke in support of developing a park in the Ponto Area. , Diane Nygard representing North County Advocates spoke in support of developing a park in the Ponto area. Laura Walsh expressed concern for the threat of sea level rise along the coastline. In response-to an inquiry from Council Member Acosta, Community Development Director Murphy explained that a study was conducted in 2017 that labeled certain areas where there is vulnerability for flooding and erosion. He added that the study does not however identify how much erosion or flooding will actually occur. In response to an inquiry from Council Member Acosta, Parks & Recreation Director Lancaster explained that if the realignment were to occur the City of Carlsbad would need to work with the Costa! Commission, State Parks, the Parks & Recreation Commission and the Planning Commission to review the plans for a linear park. Transportation Director Frank also added that the utility companies would need to be involved and an extensive public outreach process would need to occur. July 13, 2021 Carlsbad City Council Regular Meeting Page9 In response to an inquiry from Council Member Acosta, City Manager Scott Chadwick explained that the land swap component with the State of California was abandoned in 2016- 2017 by the City Council. In response to an inquiry from Council Member Acosta, Transportation Director Frank explained that there is currently a capital improvement project for the realignment of Carlsbad Boulevard from Manzano Drive to La Costa Avenue. He added that there was a budget set for 1.7 million dollars but most of the funding has been spent with an estimate of $250,000 remaining. In response to an inquiry from Council Member Acosta, Parks & Recreation Director Lancaster explained that the process for changing the park standard would require Cit'{ Council direction. In response to an inquiry from Council Member Acosta, City Attorney Celia Brewer explained that the Open Space Committee is meeting on the regular and has been since the City of Carlsbad settlement with North County Advocates. In response to an inquiry from Council Member Acosta, Deputy City Manager Gary Barberio explained that the Open Space Committee was a committee formed for Prop C that determined the criteria for evaluating and listing prioritization of open spaces that was presented to the City Council. In response to an inquiry from Council Member Bhat-Patel, Parks & Recreation Director Lancaster explained that there has not been any public engagement held regarding the Ponto Park. In response to an inquiry from Council Member Bhat-Patel, Deputy City Manager Gary Barberio explained that no survey data has been captured from the public for the linear park project, but staff has researched and provided public outreach on the Ponto area. In response to an inquiry from Council Member Bhat-Patel, Community Development Director Murphy explained that the only other sites to consider for the park in the Southwest Quadrant would be Site 10 and 11. Deputy City Manager Gary Barberio also added that there is restrictions on those properties as it can only be used for water treatment use unless a alternative use is approved by the Encina Wastewater Authority (EWA) board. City Manager Chadwick read into the record a letter received from the property owners of the Ponto property reiterating their unwillingness to sell the property to the City of Carlsbad or consider it for an open space and park project. Motion by Council Member Ac~sta to immediately engage in community outreach to preserve and protect our coastline with a focus on the coastal alignment project. July 13, 2021 Carlsbad City Council Regular Meeting Page 10 Council Member Acosta modified her original motion to include staff returning to Council with an outreach plan that includes web surveys, stakeholder meetings and various tools to engage the community. Mayor Hall suggested that staff return-to Council with options to increase the scope of the conversation regarding the project. Modified motion by Council Member Acosta, seconded by Council Member Bhat-Patel to have staff bring back to Council community outreach options, scope and a budget for options to preserve open space and recreation in the Southwest Quadrant. Substitute motion by Mayor Hall to move forward with the formation ofthe 2050 plan as a Council goal that includes park land along the coast. City Manager Chadwick informed Council that there will be an item at the next City Council meeting that will discuss the timing of the Strategic Plan. Mayor Hall withdrew his motion. Council Member Acosta withdrew her motion. Council received the report. I 15. MAYORAL APPOINTMENT OF TWO MEMBERS TO THE LIBRARY BOARD OF TRUSTEES..:.. 1) Adoption· of Resolution No. 2021-170 appointing one member to the Library Board of Trustees; and 2) Adoption of Resolution No. 2021-171 appointing one member to the Library Board of Trustees. (Staff contact: Tammy McMinn, City Clerk's Department) City Manager's Recommendation: Adopt the resolutions. Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2021- 170 appointing Stan Schatt. Motion carried unanimously, 4/0. Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2021- 171 appointing William Sheffler. Motion carried unanimously, 4/0. PUBLIC COMMENT (CONTINUED): Jan Neff-Sinclair expressed support for Council Member Schumacher. Kristine Wright expressed support for Council Member Schumacher. 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. July 13, 2021 Carlsbad City Council Regular Meeting Page 11 ANNOUNCEMENTS: Minute Motion by Mayor Hall, seconded by Council Member Bhat-Patel, to hold the July 20, 2021 City Council meeting in person. Motion carried unanimously, 4/0. Mayor Hall announced that the City Council may be participating in upcoming events on Thursday July 15, 2021 at 3:00 p.m. for the Thermo Fisher Grand Opening Ceremony at 5791 Van Allen Way, Carlsbad, California and on Monday July 19, 2021 at 8:30 a.m. at the Carlsbad Fire Department's Awards & Recognition Ceremony held at the Safety Training Center at 5750 Orion St., Carlsbad, California. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 10:42 p.m. Hector Gomez Deputy City Clerk