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Home My WebLink About2022-04-19; 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 – Absent. 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: Minutes of the Regular Meeting held March 22, 2022 Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes as presented. Motion carried, 4/0/1 (Norby – Absent). PRESENTATIONS: Recognition of donation from Friends of Leo Carrillo Ranch Mayor Hall presented the donation. Special Project Manager Mick Calarco and President of Friends of Carrillo Ranch Audrey Oberman said a few words. Proclamation in Recognition of Arbor Week Mayor Hall read the proclamation. Parks Inspector II Sean Lyon and Cal Fire/National Arbor Day Foundation representative Lynette Short said a few words. Proclamation in Recognition of Innovation Day Council Member Bhat-Patel read the proclamation. COO of Connect Christie Marcella said a few words. PUBLIC COMMENT: Rosemary Eshelman expressed her concern with legalizing marijuana in Carlsbad. Brian Connor expressed his concern with the low-frequency noise level from the desalination facility. John Bottorff requested that smoking in multi-unit housing be banned. April 19, 2022, 5 p.m. CITY COUNCIL Minutes April 19, 2022 Carlsbad City Council Regular Meeting Page 2 CONSENT CALENDAR: Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1 through 4. Motion carried, 4/0/1 (Norby –Absent). 1. REPORT ON CITY INVESTMENTS AS OF FEB. 28, 2022 – Accept and file Report on City Investments as of Feb. 28, 2022. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) 2. CALTRANS MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM FUNDS FOR THE CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENTS PROJECT, CIP PROJECT NO. 6097 – 1) Adoption of Resolution No. 2022-087 authorizing execution of the master agreement administering agency-state agreement for state-funded projects, Agreement No. 11-5308S21, with the California Department of Transportation and authorizing the City Manager or designee to execute related program supplement agreements; and 2) Adoption of Resolution No. 2022-088 authorizing execution of Program Supplement Agreement No. Z92 with the California Department of Transportation for the Highway Safety Improvement Program Funds for the Carlsbad Boulevard Pedestrian Improvements Project. (Staff contact: John Kim, Public Works) 3. ADVERTISE FOR BIDS FOR THE SEWER PIPELINE REHABILITATION 2022 PROJECT, CIP PROJECT NO. 5503-21 – Adoption of Resolution No. 2022-089 approving the plans and specifications and authorizing the City Clerk to advertise for bids for the Sewer Pipeline Rehabilitation 2022 Project. (Staff contact: Stephanie Harrison and Vicki Quiram, Public Works) 4. ACCEPTING A $19,000 DONATION FROM THE FRIENDS OF CARRILLO RANCH, INC. – Adoption of Resolution No. 2022-090 accepting a $19,000 donation from the Friends of Carrillo Ranch, Inc. to the City of Carlsbad’s Parks & Recreation Department. (Staff contact: Mick Calarco, Parks & Recreation) ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 5. ORDINANCE NO. CS-420 – PHASED IN SINGLE-USE PLASTIC FOODWARE BAN – Adoption of Ordinance No. CS-420 amending Title 6 of the Carlsbad Municipal Code to add Chapter 6.20 – Phased-In Single-Use Plastic Foodware Ban. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-420. City Attorney Brewer titled the ordinance. John Bottorff spoke in support of the adoption of the ordinance. April 19, 2022 Carlsbad City Council Regular Meeting Page 3 Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-420. Motion carried, 4/0/1 (Norby – Absent). PUBLIC HEARINGS: 6. POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481 – Introduction of Ordinance No. CS-421 adopting the Carlsbad Police Department’s Military Equipment Use Policy. (Staff contact: Cindy Anderson, Police and Allegra Frost, City Attorney’s Department) City Manager’s Recommendation: Take public input, close the public hearing, and introduce the ordinance. Police Lieutenant Reid Shipley and Deputy City Attorney Allegra Frost 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 5:34 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed public hearing at 5:34 p.m. City Attorney Brewer titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-421. Motion carried, 4/0/1 (Norby – Absent). 7. HOUSING ELEMENT PROGRAMS – 1) Introduction of Ordinance No. CS-422 adopting amendments to the Carlsbad Municipal Code Title 18 (Building Code) and Title 21 (Zoning Ordinance) implementing certain housing programs required under the 2021-2029 Housing Element; and 2) Adoption of Resolution No. 2022-091 approving a Local Coastal Program amendment to update the city’s Zoning Ordinance to implement certain housing programs required under the 2021-2029 Housing Element (Case Name: Housing Element Program Implementation; Case No.: ZCA 2022-0001/LCPA 2022-0013 (PUB2022-0003)). (Staff contact: Eric Lardy, Community Development) City Manager’s Recommendation: Take public input, close the public hearing, introduce the ordinance and adopt the resolution. Principal Planner Eric Lardy and City Planner Don Neu 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 5:44 p.m. Kelly Batten spoke regarding the self-certification of the Housing Element Program. Seeing no one else wishing to speak, Mayor Hall closed the duly noticed public hearing at 5:46 p.m. April 19, 2022 Carlsbad City Council Regular Meeting Page 4 In response to Mayor Hall, Principal Planner Lardy and City Planner Neu explained the site development process. City Attorney Brewer titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-422 and adopt Resolution No. 2022-091. Motion carried, 4/0/1 (Norby – Absent). 8. 2022 HAZARD REDUCTION PROGRAM – ABATEMENT – Adoption of Resolution No. 2022-092 authorizing abatement of weeds and rubbish upon private property in the City of Carlsbad under the terms of the City of Carlsbad’s Hazard Reduction Program and scheduling a public hearing on July 26, 2022, to consider the final Hazard Reduction Cost Report. (Staff contact: Randy Metz, Fire) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. Fire Prevention Specialist II Medi Maldonado provided a brief overview. Mayor Hall opened the duly noticed public hearing at 5:51 p.m. Seeing no one wishing to speak, Mayor Hall closed the duly noticed public hearing at 5:52 p.m. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-092. Motion carried, 4/0/1 (Norby – Absent). DEPARTMENTAL AND CITY MANAGER REPORTS: 9. CLIMATE ACTION PLAN ANNUAL REPORT – 1) Adoption of Resolution No. 2022-093 accepting the Climate Action Plan Annual Report for reporting period 5, Jan. 1, 2021 – Dec. 31, 2021; and 2) Adoption of Resolution No. 2022-094 directing staff to use a customized run of the San Diego Association of Governments’ most recent activity based model tailored for Carlsbad in its update of the Climate Action Plan Update; or 3) Adoption of a resolution directing staff to use the San Diego Association of Governments’ most recently adopted activity based model without customization for inclusion in the Climate Action Plan. (Staff contact: Katie Hentrich, Public Works) City Manager’s Recommendation: Adopt the resolutions. Senior Program Manager Katie Hentrich and Environmental Management Director Jamie Woods presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). CleanEart4Kids.Org Educational Director Suzanne Hume requested more city staff in order to accelerate the timeline to reach the 100% renewable energy goal. April 19, 2022 Carlsbad City Council Regular Meeting Page 5 Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-093 and Resolution No. 2022-094, directing staff to use a customized run of the San Diego Association of Governments’ most recent activity based model tailored for Carlsbad in its update of the Climate Action Plan Update. Motion carried, 4/0/1 (Norby – Absent). 10. ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD – Consider a request from Council Member Acosta to engage in a discussion regarding the development of an ordinance addressing electrification of new buildings in the City of Carlsbad. (Staff contact: Sheila Cobian, City Manager’s Department) City Manager’s Recommendation: Consider the request. Council Member Acosta introduced the item and explained that she added this item for discussion to the agenda due to the community comments received regarding climate change. Bob Wilcox spoke on behalf of a group representing Kathryn Parker, Lynda Davis and Barbara Diamond and reviewed a PowerPoint presentation. Kelly Batten, on behalf of the Building Industry of San Diego, expressed her concerns with electric homes that go beyond current state regulations. CleanEarth4Kids.Org Educational Director Suzanne Hume spoke in support of electrification. John Battorf spoke in support of electrification. IBEW Local Union 465 Business Manager Nate Fairman spoke regarding the protection of utility workers jobs in Carlsbad. SDG&E Public Affairs Manager Joe Gabaldon spoke regarding SDG&E’s sustainability strategy that committed to net zero GHG emissions by 2045. Minute motion by Council Member Acosta, seconded by Council Member Bhat-Patel, directing staff to research options to add an ordinance addressing electrification of new buildings in the City of Carlsbad to the next Climate Action Plan draft in 2023. Motion carried, 3/1/1 (Hall – No; Norby – Absent). 11. MAYORAL APPOINTMENT OF ONE MEMBER TO THE HOUSING COMMISSION – Adoption of Resolution No. 2022-095 appointing one member to the Housing Commission. (Staff contact: Tammy McMinn, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolution. Motion by Mayor Hall, seconded by Mayor Pro Tem Blackburn, to adopt Resolution No. 2022- 095 appointing April Fields to the Housing Commission. Motion carried, 4/0/1 (Norby – Absent).