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Home My WebLink About2022-03-22; 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: City Attorney Celia Brewer announced that there was no reportable action. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in Recognition of Soroptimist 75 Year Anniversary Mayor Hall read the proclamation. Soroptimist International of Oceanside-Carlsbad President Denise Mueller said a few words. PUBLIC COMMENT: Arya Forutanpour expressed his concern regarding homelessness and poverty issues. Paul Publico spoke on behalf of Friday Night Lights and thanked the Parks & Recreation Department for assisting with keeping kids active during the pandemic. Mike Borrello expressed his concern regarding vaccine legislation. Jaida McCullough expressed her support for farmer’s markets and the vendor’s sustainable practices. Braden Clark expressed his support for additional EV charging stations for electric cars throughout Carlsbad. CONSENT CALENDAR: Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item No. 1. Motion carried unanimously, 5/0. 1. AWARD OF CONTRACT TO PALM ENGINEERING CONSTRUCTION COMPANY FOR THE MAGNOLIA AVENUE STORM DRAIN PROJECT – PHASE I (CIP PROJECT NO. 6608) – Adoption of Resolution No. 2022-076 accepting bids and awarding a contract to Palm Engineering March 22, 2022, 5 p.m. CITY COUNCIL Minutes March 22, 2022 Carlsbad City Council Regular Meeting Page 2 Construction Company, Inc., a California Corporation, for Construction of the Magnolia Avenue Storm Drain Improvements Project – Phase I, for an amount not to exceed $775,616. (Staff contact: Lauren Ferrell and Hossein Ajideh, Public Works) ORDINANCES FOR INTRODUCTION: 2. OPERATION OF REGULATED MOBILITY DEVICES SUCH AS E-BICYCLES – Introduction of Ordinance No. CS-419 amending Title 10, Chapter 10.56 of the Carlsbad Municipal Code – Operation of Regulated Mobility Devices. (Staff contact: Scott Meritt, Police Department and Marissa Kawecki, City Attorney’s Department) City Manager’s Recommendation: Introduce the ordinance. Police Sergeant Scott Meritt, Juvenile Justice Program Coordinator Malcolm Warfield and Deputy City Attorney Marissa Kawecki presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Bhat-Patel’s inquiry, Deputy City Attorney Kawecki confirmed that personal assistance devices used for Americans with Disabilities Act accommodation would be exempt from the ordinance and not subject to a citation. In response to Council Member Acosta’s inquiry, Juvenile Justice Program Coordinator Warfield explained that the Police Department is working on different trainings for younger individuals. City Attorney Brewer titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-419. Motion carried unanimously, 5/0. ORDINANCES FOR ADOPTION: 3. ORDINANCE NO. CS-418 – NEW CITY COUNCIL DISTRICT BOUNDARIES – Adoption of Ordinance No. CS-418 amending Carlsbad Municipal Code Section 2.04.070, Subdivision (A), to include the City Council District Boundary Map approved by the Independent Redistricting Commission. (Staff contact: Kaylin McCauley and Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-418. City Attorney Brewer titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-418. Motion carried unanimously, 5/0. March 22, 2022 Carlsbad City Council Regular Meeting Page 3 PUBLIC HEARINGS: 4. AMENDMENTS TO THE CITY COUNCIL INCLUSIONARY HOUSING POLICIES AND THE CITY’S INCLUSIONARY HOUSING IN-LIEU FEE - 1) Adoption of Resolution No. 2022-077 amending the city’s Inclusionary Housing In-Lieu Fee (MCA2022-0002/PUB2022-0004) and; 2) Adoption of Resolution No. 2022-078 consolidating and amending Council Policy Statement Nos. 57, 58 and 68 into a single policy document, No. 57, to help streamline permit applications, clarify confusing language, and memorialize longstanding processing practices relating to Inclusionary Housing Compliance (MCA2022-0002/PUB2022-0004. (Staff contact: Jeff Murphy, Community Development) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolutions. Community Development Director Jeff Murphy and Keyser Marston Associates, Inc. representative Paul Marra from Keyser Marston Associates, Inc. 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 6:01 p.m. Kelly Batten, representing the Building Industry of San Diego, expressed her concerns with the significant increase in the in-lieu fee. Housing Commission Chair John Nguyen-Cleary spoke on behalf of a group (Housing Commissioner Shirley Cole, Housing Commissioner Marissa Cortes-Torres and past Housing Commissioner Joy Evans) regarding the commission’s concern that staff’s recommendation is not a compromise. Mayor Hall closed the duly noticed Public Hearing at 6:14 p.m. Council Member Bhat-Patel stated for the record that the amount of the in-lieu flat fee for a single homeowner on the recommendations slide showed as $8,515 when it should have been $8,529. In response to Council Member Bhat-Patel, Community Development Director Murphy explained that there will be a range of affordability levels as long as the average is at least 80% of the area median income. Council Member Norby suggested that wording be placed in the motion for the plan to be revisited in 10 years. In response to Council Member Acosta’s inquiry, Community Development Director Murphy explained that roughly 2,500 affordable housing units have built since the city has had the inclusionary housing ordinance. March 22, 2022 Carlsbad City Council Regular Meeting Page 4 In response to Council Member Acosta’s inquiry, Community Development Director Murphy explained that developers that have more than 50 units have no options regarding purchasing the credits and have to build the unit on their development project. Community Development Director Murphy also explained that there is an exception where the developer can propose an alternative for City Council consideration. Mayor Pro Tem Blackburn agreed with Council Member Norby’s comment regarding revisiting the plan in 10 years. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-077 with added language to revisit the plan in 10 years and Resolution No. 2022-078. Motion carried unanimously, 5/0. Mayor Hall declared a recess at 6:53 p.m. Mayor Hall reconvened the meeting at 6:59 p.m. DEPARTMENTAL AND CITY MANAGER REPORTS: 5. UPDATE ON RESTRICTION ON OVERNIGHT PARKING ON AVENIDA ENCINAS, MACADAMIA DRIVE AND RAINTREE DRIVE – Receive information on the results of amending Carlsbad Municipal Code Section 10.40.046 to prohibit parking between the hours of 11 p.m. and 5 a.m. on Avenida Encinas between Palomar Airport Road and Poinsettia Lane, and on Macadamia Drive and Raintree Drive. (Staff contact: Jason Jackowski, Police Department) City Manager’s Recommendation: Receive the report. Police Lieutenant Jason Jackowski presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Council received the report. 6. SECOND UPDATE ON TRANSITION OF THE CITY’S FRANCHISE AGREEMENT FOR SOLID WASTE RECYCLING AND ORGANICS SERVICES – Receive a report from Republic Services, the city’s new franchise waste hauler, on the new agreement for recycling, organics and solid waste collection and organic materials processing services. (Staff contact: James Wood, Public Works) City Manager’s Recommendation: Receive the report. Environmental Management Director James Wood and Jim Groen from Republic Services presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Council received the report. March 22, 2022 Carlsbad City Council Regular Meeting Page 5 7. ADDITIONAL APPROPRIATION FOR THE TEMPORARY FIRE STATION NO. 7 PROJECT (CIP PROJECT NO. 4091) – Adoption of Resolution No. 2022-079 authorizing additional appropriation of $922,000 from the Public Facility Fee Fund for the temporary Fire Station No. 7 project. (Staff contact: Paz Gomez and John Maashoff, Public Works) City Manager’s Recommendation: Adopt the resolution. Deputy City Manager for Public Works Paz Gomez, Public Works Manager John Maashoff and Assistant Fire Chief Nick Ordille presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-079. Motion carried unanimously, 5/0. 8. CODE ENFORCEMENT PROGRAM AUDIT AND STATUS UPDATE ON OPEN AUDIT RECOMMENDATIONS FROM PREVIOUS AUDITS – Receive a presentation on the results of an internal audit of the city’s code enforcement program and a status update on the open audit recommendations from an internal audit of the city’s credit card program performed in fiscal year 2020-21. (Staff contact: Robert Threatt and Laura Rocha, Administrative Services Department) City Manager’s Recommendation: Receive the presentation. Internal Audit Manager Robert Threat and Administrative Services Director Laura Rocha presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Brian Connor expressed his concern regarding Energov. City Council received the presentation. PUBLIC COMMENT (cont.): Marcos Lopez expressed his concern regarding the amount of trash throughout the streets in Carlsbad and suggested grates be installed in the storm drains. Ellie Arkans expressed her concerns regarding community safety. Katie Taylor expressed her concerns regarding the cost of living and current inflation. Brian Connor expressed his concerns regarding the enforcement of permits. Barbara Diamond spoke regarding climate change and the use of electric appliances in the home. 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. March 22, 2022 Carlsbad City Council Regular Meeting Page 6 Minute Motion by Council Member Norby, seconded by Council Member Bhat-Patel, for staff to look into ways within Housing programs to create first time buyer opportunities and incentives for home ownership, and bring back a report to Council within six months, unless circumstances arise to shift the timeline. Motion carried, 4/1 (Blackburn -No). ANNOUNCEMENTS: None. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 8:27 p.m. C ~Mia,Q<l111&1"'- Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk