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HomeMy WebLinkAbout2022-03-08; City Council; Minutes Council 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: None. 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 from the Regular Meeting held Feb. 8, 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 Women’s History Month Council Members Bhat-Patel and Acosta read the proclamation. Senior Program Manager Nancy Magpusao Burke said a few words. PUBLIC COMMENT: Mike Borrello spoke on behalf of a group (Kelly LeBerthon, Teri Jacobs and Ellie Arkans) regarding research on the vaccine mandate. Aydin Abudaunos expressed his concern regarding homelessness and the lack of affordable housing. Lynda Daniels spoke regarding electrification and asked for an ordinance for Carlsbad to convert to electric. CONSENT CALENDAR: Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1, 2, 4 and 5. Motion carried unanimously, 5/0. 1. SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF DONALD SEALE FOR $99,542 – Adoption of Resolution No. 2022-050 authorizing settlement of the Workers’ Compensation claim of Donald Seale. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) March 8, 2022, 5 p.m. March 8, 2022 Carlsbad City Council Regular Meeting Page 2 2. SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF MICHAEL VAN BIBBER FOR $16,240 – Adoption of Resolution No. 2022-051 authorizing additional settlement of the Workers’ Compensation claim of Michael Van Bibber. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) Mayor Pro Tem Blackburn pulled this item for discussion 3. SALE OF 11 CITY-OWNED AFFORDABLE UNITS TO LOWER-INCOME QUALIFIED HOUSEHOLDS SELECTED THROUGH THE AFFORDABLE HOUSING RESALE PROGRAM – Adoption of a resolution approving the sale of 11 city owned affordable units to lower income qualified households selected pursuant to the Affordable Housing Resale Program guidelines for the properties located at Mulberry in Bressi Ranch off Gateway Road and Rose Bay in the Bay Collection off Poinsettia Lane and authorizing the City Manager to execute all documents necessary to complete the transactions. (Staff contact: Nancy Melander, Housing & Homeless Services) 4. AGREEMENT WITH WOOD RODGERS INC. FOR THE CARLSBAD BOULEVARD AND TAMARACK AVENUE PEDESTRIAN IMPROVEMENTS PROJECT (CIP PROJECT NO. 6058) – Adoption of Resolution No. 2022-053 authorizing execution of a professional services agreement with Wood Rodgers, Inc., a California Corporation, to provide engineering design and environmental services for the Carlsbad Boulevard and Tamarack Avenue Pedestrian Improvements Project. (Staff contact: Lauren Ferrell and Hossein Ajideh, Public Works) 5. CONTRACTS FOR PROFESSIONAL MANAGEMENT, FACILITATION AND TECHNICAL SUPPORT OF GROWTH MANAGEMENT CITIZENS COMMITTEE – 1) Adoption of Resolution No. 2022-054 approving an agreement for professional consulting services, on an as needed basis, with Circlepoint Inc. to support the city’s efforts to manage and facilitate a citizens committee charged with developing a new framework to manage growth in a way that preserves Carlsbad’s excellent quality of life; and 2) Adoption of Resolution No. 2022-055 approving an agreement for professional consulting services, on an as needed basis, with Moore Iacofano Goltsman Inc. to support the city’s efforts to identify the key elements for a new plan to manage growth. (Staff contact: Kristina Ray, Communication & Engagement and Eric Lardy, Community Development) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: This item was pulled for discussion by Mayor Pro Tem Blackburn 3. SALE OF 11 CITY-OWNED AFFORDABLE UNITS TO LOWER-INCOME QUALIFIED HOUSEHOLDS SELECTED THROUGH THE AFFORDABLE HOUSING RESALE PROGRAM – Adoption of Resolution 2022-052 approving the sale of 11 city owned affordable units to lower income qualified households selected pursuant to the Affordable Housing Resale Program guidelines for the properties located at Mulberry in Bressi Ranch off Gateway Road and Rose Bay in the Bay Collection off Poinsettia Lane and authorizing the City Manager to execute all documents necessary to complete the transactions. (Staff contact: Nancy Melander, Housing & Homeless Services) March 8, 2022 Carlsbad City Council Regular Meeting Page 3 In response to Mayor Pro Tem Blackburn’s inquiry, Senior Program Manager Nancy Melander provided a brief overview of the item. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-052. Motion carried unanimously, 5/0. ORDINANCES FOR INTRODUCTION: 6. REGULATING POLITICAL AND NONCOMMERCIAL SIGNS IN THE PUBLIC RIGHT-OF-WAY – 1) Adoption of Resolution No. 2022-056 amending City Council Policy No. 65 – Signs on Public Property; and 2) Introduction of Ordinance No. CS-416 amending Carlsbad Municipal Code Section 11.44.070 – Temporary Political and Other Noncommercial Signs in the Public Right-of-Way. (Staff contact: Jeff Murphy, Community Development) City Manager’s Recommendation: Adopt the resolution and introduce the ordinance. Community Development Director Jeff Murphy and Assistant City Attorney Cindie McMahon presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Mayor Hall’s inquiry, Director Murphy explained that signs can be placed on private property or three to five feet from the sidewalk within the public right-of-way. City Attorney Brewer titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Priya Bhat-Patel, to adopt Resolution No. 2022-056 and introduce Ordinance No. CS-416. Motion carried, 4/1 (Hall – No). ORDINANCES FOR ADOPTION: Mayor Pro Tem Blackburn recused himself due to a potential conflict of interest at 5:46 p.m. 7. ORDINANCE NO. CS-415 – ZONE CHANGE ON TWO PROPERTIES – Adoption of Ordinance No. CS-415 approving a zone change, (Local Coastal Program and citywide zoning maps) on two properties (APNS 210-170-08, -09) totaling 0.89 acres from Planned Industrial (P-M) with a commercial/visitor-serving overlay to commercial tourist with commercial/visitor-serving and qualified development overlays (C-T-Q) within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 3 (Case Name: Chick-Fil-A; Case No. ZC 2019- 0001/LCPA 2019-0002 (DEV2018-0177). (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-415. City Attorney Brewer titled the ordinance. March 8, 2022 Carlsbad City Council Regular Meeting Page 4 Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-415. Motion carried, 4/0/1 (Blackburn – Absent). Mayor Pro Tem Blackburn returned to the dais at 5:47 p.m. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. POSSIBLE TRANSITION OF CITY CLERK POSITION FROM ELECTED TO APPOINTED – 1) Receive a report regarding the possible transition of the City Clerk from an elected to a City Manager- appointed position; and Should the City Council wish to place the matter on the ballot to be decided by the voters at the statewide primary election on June 7, 2022, take the following actions: 2) Adopt Resolution No. 2022-057 providing notice of and calling a municipal election to submit to the voters a ballot measure to make the Office of the City Clerk appointive, requesting the San Diego County Board of Supervisors to consolidate the municipal election with the statewide primary election on June 7, 2022, directing the preparation of an impartial analysis, and establishing procedures for ballot arguments; and 3) Introduce Ordinance No. CS-417 amending various sections of and adding a section to the Carlsbad Municipal Code regarding the position of City Clerk to take effect only if the voters at the municipal election on June 7, 2022 approve making the Office of City Clerk appointive. (Staff contact: Faviola Medina, City Clerk's Department and Sheila Cobian, City Manager’s Department) City Manager’s Recommendation: Received the report, adopt the resolution and introduce the ordinance. Legislative & Constituent Services Director Sheila Cobian and Assistant City Attorney Cindie McMahon presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Acosta’s inquiry, Legislative & Constituent Services Director Cobian explained that the terms “appointed” and “hired” can be interchangeable and that the current City Clerk Services staff have been performing all of the duties of the City Clerk. Legislative & Constituent Services Director Cobian also added that the City Clerk position has been ceremonial since 2012. City Attorney Brewer titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel to adopt Resolution No. 2022-057 and introduce Ordinance No. CS-417. Motion carried unanimously, 5/0. 9. APPROVAL OF CITY COUNCIL POLICY STATEMENT REGARDING CITYWIDE DATA GOVERNANCE AND MANAGEMENT – Adoption of Resolution No. 2022-058 approving City Council Policy No. March 8, 2022 Carlsbad City Council Regular Meeting Page 5 92 – Citywide Data Governance and Management. (Staff contact: David Graham and David Van Gilluwe, Administrative Services Department) City Manager’s Recommendation: Adopt the resolution. Chief Innovative Officer David Graham and Business Intel & Analytics Manager David Van Gilluwe presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Mayor Hall’s inquiry, Chief Innovative Officer Graham explained that any services that the city provides, including the issue of homelessness, will be analyzed and that data will be used to assist the department. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-058. Motion carried unanimously, 5/0. 10. MAYORAL AND DISTRICT 1, 2, 3 AND 4 APPOINTMENTS OF 19 PRIMARY AND 19 ALTERNATE MEMBERS TO THE GROWTH MANAGEMENT PLAN UPDATE ADVISORY COMMITTEE – 1) Adoption of Resolution No. 2022-059 appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (Mayoral appointment); and 2) Adoption of Resolution No. 2022-060 appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (District 1 appointment); and 3) Adoption of Resolution No. 2022-061 appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (District 2 appointment); and 4) Adoption of Resolution No. 2022-062 appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (District 3 appointment); and 5) Adoption of Resolution No. 2022-063 appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (District 4 appointment); and 6) Adoption of Resolution No. 2022-064 appointing two members (one primary and one alternate) from each of the city’s boards and commissions to serve on the Growth Management Plan Update Advisory Committee. (Staff contact: Tammy McMinn, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolutions. City Clerk Services Manager Faviola Medina provided an overview of the appointment process. March 8, 2022 Carlsbad City Council Regular Meeting Page 6 Mary Ryan, Jan Neff-Sinclair, Casey Cartairs, Patrick Goyarts, Eric Larson, Erin Nell, Jeanette Cushman Stroh, and Frances Schnall spoke to their qualifications to be appointed to the Committee. Hope Nelson expressed her concerns regarding the committee’s plan. Motion by Mayor Hall, seconded by Mayor Pro Tem Blackburn, adopting Resolution No. 2022- 059 appointing Jeff Segall (Primary), Ron Withall (Alternate), Scott White (Primary) and Patrick Goyarts (Alternate) to the Growth Management Plan Update Advisory Committee. Motion carried unanimously, 5/0. Motion by Council Member Norby, seconded by Mayor Pro Tem Blackburn, adopting Resolution No. 2022-060 appointing Eric Larson (Primary), Jan Neff-Sinclair (Alternate), Stephen “Hap” L’Heureux (Primary) and Casey Carstairs (Alternate) to the Growth Management Plan Update Advisory Committee. Motion carried unanimously, 5/0. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, adopting Resolution No. 2022-061 appointing Mike Howes (Primary), Don Christiansen (Alternate), Mary Ryan (Primary) and Terence Green (Alternate) to the Growth Management Plan Update Advisory Committee. Motion carried unanimously, 5/0. Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tem Blackburn, adopting Resolution No. 2022-062 appointing Frank Caraglio (Primary), Thierry Ibri (Alternate), Frances Schnall (Primary) and Matthew Reese (Alternate) to the Growth Management Plan Update Advisory Committee. Motion carried unanimously, 5/0. Motion by Council Member Acosta, seconded by Council Member Bhat-Patel, adopting Resolution No. 2022-063 appointing Harry Peacock (Primary), Erin Nell (Alternate), Annika Jimenez (Primary) and Angela O’Hara (Alternate) to the Growth Management Plan Update Advisory Committee. Motion carried unanimously, 5/0. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, adopting Resolution No. 2022-064 appointing two members from each of the city’s boards and commissions to serve on the Growth Management Plan Update Advisory Committee as follows: Motion carried unanimously, 5/0. Commission/Board PRIMARY ALTERNATE Arts Commission Gita Nassiri Nora Jimenez George Beach Preservation Commission Fred Briggs Lisa Stark Historic Preservation Commission Chad Majer Vacant Housing Commission John Nguyen-Cleary Allen Manzano Library Board William Sheffler Art Larson Parks & Recreation Commission Amy Allemann Marissa Steketee Planning Commission Joe Stine Kevin Sabellico Senior Commission Patricia Mehan Nelson Ross Traffic & Mobility Commission Steve Linke William Fowler March 8, 2022 Carlsbad City Council Regular Meeting Page 7 Mayor Hall recused himself at 6:43 p.m. due to a potential conflict of interest. 11. MAYORAL/MAYOR PRO TEM AND DISTRICT 1 APPOINTMENTS OF SEVEN MEMBERS TO THE DESIGN REVIEW COMMITTEE – 1) Adoption of Resolution No. 2022-065 appointing two members to the Design Review Committee (Mayoral/Mayor Pro Tem appointment); and 2) Adoption of Resolution No. 2022-066 appointing five members to the Design Review Committee (District 1 appointment); and 3) Adoption of Resolution No. 2022-067 appointing one member each from the Historic Preservation Commission and the Planning Commission to serve on the Design Review Committee. (Staff contact: Tammy McMinn, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolutions. City Clerk Services Manager Faviola Medina provided an overview of the appointment process. Annette Swanton, Nicholas Puccio and Debbie Sullivan spoke to their qualifications to be appointed to the Committee. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, adopting Resolution No. 2022-065 appointing Patrick Connolly and Monica Gocan as professionals to the Design Review Committee. Motion carried, 4/0/1 (Hall – Absent). Motion by Council Member Norby, seconded by Council Member Bhat-Patel, adopting Resolution No. 2022-066 appointing Debbie Sullivan, Mary Goetz (Village Residents), Annette Swanton, Nicholas Puccio (Barrio Residents), and Todd Harris (Business Owner) to the Design Review Committee. Motion carried, 4/0/1 (Hall – Absent). Mayor Pro Tem Blackburn explained that both commission appointees from the Planning Commission and the Historic Preservation Commission are married. City Council discussed that a conflict of interest would not be an issue. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, adopting Resolution No. 2022-067 appointing Raúl Diaz from the Historic Preservation Commission and Alicia Lafferty from the Planning Commission to the Design Review Committee. Motion carried, 4/0/1 (Hall – Absent). Mayor Hall returned to the dais at 6:57 p.m. PUBLIC COMMENT (cont.): Linda Schlesinger expressed her support for the Monroe Street Pool renovations and thanked the Parks & Recreation Department and Facilities staff for their heroic efforts in keeping the pool functional. She also invited City Council members to visit the pool before the goal setting workshop. Erin McPherson expressed her fondness of pools and swimming lessons and asked the Council Members to prioritize the Monroe Street Pool. March 8, 2022 Carlsbad City Council Regular Meeting Page 8 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. ANNOUNCEMENTS: Mayor Hall announced that members of the City Council may attend the following event: Thursday, March 10, 2022, 5 p.m. City of Carlsbad Citizens Academy – First Session Carlsbad Council Chamber 1200 Carlsbad Village Dr. Carlsbad, CA CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 7:14 p.m. ___________________________ Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk