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HomeMy WebLinkAbout2022-09-27; 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: Mayor Hall announced that the City Council is serving as the City Council, the Carlsbad Municipal Water District Board of Directors, the Community Development Commission, the Public Financing Authority, and City Council as Successor Agency to the Redevelopment Agency on Ordinance for Introduction Item No. 4. He added that the City Council is also serving as the City Council and the Carlsbad Municipal Water District Board of Directors on Departmental and City Manager Report Item No. 10. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held Aug. 15, 2022 Minutes of the Regular Meeting held Aug. 30, 2022 Minutes of the Special Meeting held Sept. 13, 2022 Minutes of the Regular Meeting held Sept. 13, 2022 Minutes of the Special Meeting held Sept. 15, 2022 Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes as presented. Motion carried unanimously, 5/0 with the exception of the Minutes of the Regular Meeting held Aug. 30, 2022, Minutes of the Special Meeting held Sept. 13, 2022, Minutes of the Regular Meeting held Sept. 13, 2022, and Minutes of the Special Meeting held Sept. 15, 2022, as corrected noting that Mayor Pro Tem Blackburn was introduced by City Manager Scott Chadwick and was the first to speak, 4/0/1 (Hall – Abstain). PRESENTATIONS: Proclamation in recognition of Water Professionals’ Appreciation Week Council Member Norby read the proclamation. Eric Sanders and Jesse Castaneda accepted the proclamation and said a few words. Proclamation in recognition of Public Safety Awareness Month Mayor Pro Tem Blackburn read the proclamation. Assistant Fire Marshall Darcy Davidson accepted the proclamation and said a few words. Proclamation in recognition of Hispanic Heritage Month Council Member Acosta read the proclamation. Management Analyst Rosario Aranda accepted the proclamation and said a few words. Sept. 27, 2022, 5 p.m. Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 2 PUBLIC COMMENT: Mehdi Sarram expressed his concerns with traffic signal pollution. Raul Villamar expressed his concerns with noise pollution in his neighborhood. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1 through 3. Motion carried unanimously, 5/0. 1. 2023 REGULAR CITY COUNCIL MEETING CALENDAR – Adoption of Resolution No. 2022-222 approving the 2023 Regular City Council Meeting Calendar. (Staff contact: Sheila Cobian, City Manager Department and Faviola Medina, City Clerk Services Department) 2. 2022 UPDATE OF THE RECORDS RETENTION SCHEDULE AND THE CITYWIDE RECORDS MANAGEMENT PROGRAM – Adoption of Resolution No. 2022-223 approving the update of the Citywide Records Management Program and Records Retention Schedule. (Staff contact: Pat Downie and Faviola Medina, City Clerk Services Department) 3. REJECTION OF BID RECEIVED AND AUTHORIZATION TO RE-ADVERTISE TO RECEIVE BIDS FOR THE CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT (CIP PROJECT NO. 6097) – Adoption of Resolution No. 2022-224 rejecting the bid received and authorizing the City Clerk to re-advertise for bids, with a solicitation period of at least 30 days, for the Carlsbad Boulevard Pedestrian Improvement Project. (Staff contact: John Kim, Public Works Department) Item No. 10 was heard before Ordinance for Introduction Item No. 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AUTHORIZE CITY AND CARLSBAD MUNICIPAL WATER DISTRICT SUPPORT FOR THE ENCINA WASTEWATER AUTHORITY’S ONE WATER NORTH SAN DIEGO COUNTY WATER REUSE STUDIES – 1) Receive a report from Encina Wastewater Authority General Manager Scott McClelland on “One Water North San Diego County,” a potable water reuse project being studied by the wastewater authority; and 2) Adoption of Resolution No. 2022-228 authorizing the City Manager to sign the Principles of Understanding document committing the City to be an Advocacy Agency of the One Water North San Diego County Water Reuse Project for 2022-2023; and 3) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1684 authorizing the Executive Manager to sign the Principles of Understanding document committing the district to be an Advocacy Agency of the One Water North San Diego County Water Reuse Project for 2022-2023. (Staff contact: Vicki Quiram, Public Works) City Manager’s Recommendation: Receive the report and adopt the resolutions. Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 3 Utilities Director Vicki Quiram and Encina Wastewater Authority General Manager Scott McClelland 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 Norby, Encina Wastewater Authority General Manager McClelland explained that 80-85% of wastewater is currently discharged into the ocean. In response to an inquiry from Council Member Norby, Encina Wastewater Authority General Manager McClelland explained that based off the WateReuse Association’s maps, there is around 35 potable water programs in the state of California. In response to an inquiry from Mayor Hall, Encina Wastewater Authority General Manager McClelland explained that regulatory framework is due to be published in late 2023 and that this will give guidance to organizations on regulatory requirements for this program. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-228 and Carlsbad Municipal Water District Resolution No. 1684. Motion carried unanimously, 5/0. Council received the report. This item was heard after Departmental and City Manager Reports Item No. 10 ORDINANCES FOR INTRODUCTION: 4. 2022 CONFLICT OF INTEREST UPDATE – 1) Adoption of Resolution No. 2022-225 amending the Conflict of Interest Code of the City of Carlsbad; and 2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1683 amending the Conflict of Interest Code of the Carlsbad Municipal Water District; and 3) Adoption of Community Development Commission Resolution No. 556 amending the Conflict of Interest Code of the Community Development Commission; and 4) Adoption of Public Financing Authority Board of Directors Resolution No. 91 amending the Conflict of Interest Code of the Public Financing Authority; and 5) Adoption of City of Carlsbad as the Successor Agency for the Carlsbad Redevelopment Agency Resolution No. 2022-226 amending the Conflict of Interest Code of the City of Carlsbad; and 6) Introduce Ordinance No. CS-433 amending Carlsbad Municipal Code Chapter 1.14 – Disqualification for Conflict of Interest. (Staff contact: Kaylin McCauley and Faviola Medina, City Clerk’s Department and Cindie McMahon, City Attorney’s Department) City Manager’s Recommendation: Adopt the resolutions and introduce the ordinance. City Clerk Services Manager Faviola Medina introduced the item. City Attorney Cindie McMahan titled the ordinance. Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 4 Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-224, Carlsbad Municipal Water District Board of Directors Resolution No. 1683, Community Development Commission Resolution No. 556, Public Financing Authority Board of Directors Resolution No. 91, Resolution No. 2022-226 and to introduce Ordinance No. CS-433. Motion carried unanimously, 5/0. 5. ORDINANCE AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.08 – PENALTIES, AND CHAPTER 1.10 – ADMINISTRATIVE CODE ENFORCEMENT REMEDIES TO EXPAND THE CITY’S ENFORCEMENT OPTIONS – Introduction of Ordinance No. CS-434 amending Carlsbad Municipal Code Title 1, Chapter 1.08 - Penalties and Chapter 1.10 - Administrative Code Enforcement Remedies. (Staff contact: Mike Strong, Community Development and Marissa Kawecki, City Attorney’s Department) City Manager’s Recommendation: Introduce the ordinance. City Attorney McMahan titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-434. Motion carried unanimously, 5/0. ORDINANCES FOR ADOPTION: 6. ADOPTION OF ORDINANCE NO. CS-430 - AMENDING THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.302 TO RESTRICT OVERNIGHT PARKING ON SURFSIDE LANE AND ISLAND WAY – Adoption of Ordinance No. CS-430 adding Section 10.40.302 to the Carlsbad Municipal Code to establish no parking zones along both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Carlsbad Boulevard between the hours of 11 p.m. and 5 a.m. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-430. City Attorney McMahan titled Ordinance No. CS-430. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-430. Motion carried unanimously, 5/0. 7. ADOPTION OF ORDINANCE NOS. CS-431 AND CS-432 - 2022 ZONING ORDINANCE CLEANUP - VARIOUS AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE AND LOCAL COASTAL PROGRAM – 1) Adoption of Ordinance No. CS-431 adopting amendments to Carlsbad Municipal Code Title 5 (Business Licenses and Regulations) to ensure consistency with state law related to child day care homes. (Case Name: 2022 Zoning Ordinance Cleanup; Case No.: MCA 2022-0004); and 2) Adoption of Ordinance No. CS-432 adopting amendments to Carlsbad Municipal Code Title 15 (Grading and Drainage Ordinance) and Title 21 (Zoning Ordinance) to complete various miscellaneous cleanup amendments to the Carlsbad Municipal Code. The amendments also Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 5 include a Local Coastal Program Amendment. (Case Name: 2022 Zoning Ordinance Cleanup; Case No.: MCA2022-0004/ZCA2022-0002/LCPA 2022-0014). (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance Nos. CS-431 and CS-432. City Attorney McMahan titled Ordinance No. CS-431. City Attorney McMahan titled Ordinance No. CS-432. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance Nos. CS-431 and CS-432. Motion carried unanimously, 5/0. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. SAFER STREETS TOGETHER: OPTIONS TO ADDRESS LOCAL EMERGENCY RELATED TO TRAFFIC SAFETY IN CARLSBAD – 1) Receive a report about actions taken since the Aug. 23, 2022, proclamation of a local traffic safety emergency; and 2) Review and discuss potential additional actions to address the traffic safety emergency and provide direction as appropriate; and 3) Direct staff to return at the next City Council meeting with prepared resolutions, based on City Council direction. (Staff contact: Geoff Patnoe, City Manager Department) City Manager’s Recommendation: Receive the report and provide direction. City Manager Scott Chadwick, Assistant City Manager Geoff Patnoe and Assistant Director Emergency Services Kim Young presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Manager Chadwick requested a recess at 6:01 p.m. City Manager Chadwick reconvened the meeting at 6:06 p.m. Assistant City Manager Patnoe, Community Engagement Director Kristina Ray, Transportation Director Tom Frank and Police Chief Mickey Williams continued the presentation. Pete Penseyres expressed his support for a Vision Zero program. In response to an inquiry from Mayor Pro Tem Blackburn, City Manager Chadwick explained that this item has not been heard by the Traffic & Mobility Commission. He added that if the City Council directs staff to take this item to the Traffic & Mobility Commission, it would not stop any of the activity currently taking place as covered in the $2 million emergency allocation of funds. Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 6 In response to an inquiry from Council Member Bhat-Patel, Transportation Director Frank confirmed that the Mobility Element for the General Plan was first adopted in 2015. He added that the Sustainable Mobility Plan was adopted in January 2021. City Manager Chadwick added that the e-bike ordinance was adopted in April 2022. In response to an inquiry from Council Member Bhat-Patel, Transportation Director Frank explained that one of the options for the City Council to consider includes direction for staff to gather additional data and analyze travel patterns on residential streets. In response to an inquiry from Council Member Bhat-Patel, Community Engagement Director Ray explained that the proposed signage did have staff consideration of location, color, and the number of words so that they would be effective and not distracting. In response to an inquiry from Council Member Bhat-Patel, Transportation Director Frank explained that AB 43 allows cities to complete speed studies, consider all factors, and set their speed limits accordingly. He added that though he is in favor of the flexibility AB 43 allows in setting speed limits, changing speed limits does not change driver behavior. In response to an inquiry from Council Member Acosta, Transportation Director Frank explained that repainting is required after resurfacing a roadway, and some of the current repainting that is occurring throughout the city is a result of the completion of past projects. He added that this is being done in addition to those projects that are listed in the staff report as part of the emergency declaration. In response to an inquiry from Council Member Acosta, Transportation Director Frank explained that staff looked for currently funded projects that could be accelerated due to the emergency declaration and those projects are included in the staff report. In response to an inquiry from Council Member Acosta, Police Chief Williams explained that the price associated with implementing warning citations is a one-time fee for the printer of approximately $55,000. He added that the only ongoing cost would be the cost of paper and would be approximately $2,000-$3,000 a year. In response to an inquiry from Council Member Acosta, Transportation Director Frank explained that the additional speed feedback signs and message boards were purchased by the city at a one-time cost. In response to an inquiry from Council Member Norby, Transportation Director Frank explained that in his opinion, speed cushions have a good cost-to-benefit ratio. Assistant City Manager Patnoe added that high visibility crosswalks do not take as long to be completed or installed as speed cushions. Mayor Hall recommended that this item also be taken to the Planning Commission, in addition to the Traffic & Mobility Commission, for consideration and direction. Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 7 Motion by Mayor Pro Tem Blackburn, to proceed only with the items contained in Option A that have previously been approved by the City Council, refer the legislative advocacy item to the City Council Legislative Subcommittee, and refer the Vision Zero resolution and Options B and C to the Traffic & Mobility Commission and Planning Commission for review and bring a recommendation back to the City Council at a later date. Seconded by Council Member Bhat-Patel for discussion. Council Member Bhat-Patel explained that she would like to include all of Option A because there is not an additional cost associated with those items. Council Member Acosta concurred. Mayor Hall explained that he would like this information to go to the two commissions mentioned as soon as possible so they have time to study it and request a briefing from staff if necessary. Substitute Motion by Council Member Acosta, seconded by Council Member Bhat-Patel to approve everything in Option A, and refer Options B and C to the Traffic & Mobility Commission and the Planning Commission for their input and bring the item back to the City Council. Motion carried, 3/2 (Hall, Blackburn – No). Motion by Mayor Pro Tem Blackburn to have staff present where city projects could be slowed down or placed on hold to focus attention on the emergency declaration, any possible budget constraints, and evaluate positions and their need based on safety, state or federal mandates or infrastructure if the economy ends up turning south. Motion failed due to lack of a second. Council received the report. 9. APPROVAL OF LANE REDUCTION ON SOUTHBOUND CARLSBAD BOULEVARD BETWEEN SOLAMAR DRIVE AND ISLAND WAY, APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF CONTRACT FOR CONSTRUCTION OF THE CARLSBAD BOULEVARD RESTRIPING BETWEEN MANZANO DRIVE AND ISLAND WAY, BIKE LANE IMPROVEMENTS AT FIVE LOCATIONS ON CARLSBAD BOULEVARD AND THREE SUSTAINABLE MOBILITY PLAN BIKE ENHANCEMENT PROJECTS – Adopt a Resolution No. 2022-227 approving the proposed lane reduction on southbound Carlsbad Boulevard between Solamar Drive and Island Way and approving the plans and specifications and awarding a contract to VSS International, Inc., a California Corporation, for the construction of the Carlsbad Boulevard restriping project, bike lane improvements at five locations on Carlsbad Boulevard and three Sustainable Mobility Plan bike enhancement projects. (Staff contact: John Kim, Public Works) City Manager’s Recommendation: Adopt the resolution. Traffic Engineer John Kim presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 8 Mark Embree expressed his concerns with bike lanes safety. In response to an inquiry from Mayor Pro Tem Blackburn, Transportation Director Frank explained that they are actively planning to resurface and restripe the area that was mentioned in Mr. Embree’s concern. Motion by Council Member Bhat-Patel, seconded by Council Member Acosta to adopt Resolution No. 2022-227. Motion carried, 3/2 (Hall, Blackburn – No). Mayor Hall declared a recess at 8:04 p.m. Mayor Hall reconvened the meeting at 8:09 p.m. 11. GENERAL FUND SURPLUS POLICY: APPROVAL OF FISCAL YEAR 2021-22 BUDGET CARRYFORWARD REQUESTS AND APPROPRIATION OF FUNDS TO FY 2022-23 – 1) Adoption of Resolution No. 2022-229 approving fiscal year 2021-22 budget carryforward requests and appropriation of funds to fiscal year 2022-23 and authorizing capital outlay purchases; and Consider the following to approve three additional uses of the General Fund budget surplus from fiscal year 2021-22 and General Fund reserve: 2) Adoption of Resolution 2022-230 approving the appropriation and transfer from General Fund reserves in fiscal year 2022-23 to the city’s Workers’ Compensation Fund; and 3) Adoption of Resolution 2022-231 approving the appropriation and transfer from General Fund reserves in fiscal year 2022-23 to the city’s Risk Management Fund; and 4) Adoption of Resolution 2022-232 approving the appropriation and transfer from General Fund reserves in fiscal year 2022-23 to the city’s Fleet Maintenance Fund. (Staff contact: Zach Korach, Administrative Services Department) City Manager’s Recommendation: Adopt the resolutions. Finance Director Zach Korach presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Mayor Pro Tem Blackburn, Finance Director Korach explained that there is currently $122.3 million available in General Fund Reserves, and that does not include the $9.6 million in the Economic Uncertainty Reserve. In response to an inquiry from Mayor Hall, Finance Director Korach explained that the $2 million allocated for the emergency declaration came from the General Fund Reserve. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2022-229 approving fiscal year 2021-22 budget carryforward requests and appropriation of funds to fiscal year 2022-23 and authorizing capital outlay purchases for a total amount of $1,294,750; adopt Resolution No. 2022-230 to transfer $8,208,252 to the Workers' Compensation Fund to achieve a 50% confidence level according to the most recent Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 9 actuarial study; adopt Resolution No. 2022-231 to transfer $1,000,000 to the Risk Management Fund to bring the fund to a positive position and fund increased legal and settlement costs and adopt Resolution No. 2022-232 to transfer $1,400,000 to the Fleet Maintenance Fund and appropriate $290,000 to bring the fund to a positive position and fund increased fuel and parts costs. Motion carried, 4/1 (Hall – No). 12. AUTHORIZATION TO EXTEND THE TERM AND MODIFY THE NAME OF THE AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS’ ADVISORY COMMITTEE AND THE MAYORAL APPOINTMENT OF SIX MEMBERS TO THE AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS’ ADVISORY COMMITTEE – 1) Adoption of Resolution No. 2022-233 extending the term and modifying the name of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee; and 2) Adoption of Resolution No. 2022-234 appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 3) Adoption of Resolution No. 2022-235 appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 4) Adoption of Resolution No. 2022-236 appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 5) Adoption of Resolution No. 2022-237 appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 6) Adoption of Resolution No. 2022-238 appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 7) Adoption of Resolution No. 2022-239 appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee. (Staff contact: Faviola Medina and Tammy McMinn, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolutions. Walter Waidelich spoke to his qualifications and interest in being appointed to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee. Motion by Mayor Hall, seconded by Mayor Pro Tem Blackburn to adopt Resolution No. 2022- 233; adopt Resolution No. 2022-234 appointing Sadry Hedayat to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; adopt Resolution No. 2022-235 appointing Jaime Householder to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; adopt Resolution No. 2022-236 appointing Carolyn Alkire to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; adopt Resolution No. 2022-237 appointing Joseph Brisbois to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; adopt Resolution No. 2022-238 appointing Jon Lash to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee and Resolution No. 2022-239 appointing Olga Lichten to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee. Motion carried unanimously, 5/0. 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. Sept. 27, 2022 Carlsbad City Council Regular Meeting Page 10 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. Saturday, Oct. 8, 2022 10 a.m. -2 p.m. City of Carlsbad Public Safety Open House Safety Training Center 5750 Orion St. Carlsbad, CA Saturday, Oct. 8, 2022 10:30 a.m. -2 p.m. Olivenhain Municipal Water District Open House 1966 Olivenhain Rd. Encinitas, CA CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 8:41 p.m. #tl! Kaylin McCauley Deputy City Clerk