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Home My WebLink About2020-10-20; City Council; Agendas; Regular SessionCITY COUNCIL Agenda Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Oct. 20, 2020, 3 p.m. Welcome to Your City Council Meeting We welcome your interest and involvement in the city's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures. How to watch Strum AT&T AT&T U-verse City cable channel Charter Spectrum channel 24 AT&T U-verse channel 99. rj ar]- City website carlsbadca.gov/news/cityty.asp Virtual meeting format • Per California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and other public meetings online only. • All public meetings will comply with public noticing requirements in the Brown Act and will be made accessible electronically to all members of the public seeking to observe and address the City Council. How to participate • By phone: Sign up at https://www.carlsbadca.govicitvhall/clerk/meetings/default.asp by 2 p.m. the day of the meeting to provide comments live by phone. You will receive a confirmation email with instructions about how to call in. • In writing: Email comments to clerk@carlsbadca.gov. Comments received by 2 p.m. the day of the meeting will be shared with the City Council prior to the meeting. When e-mailing comments, please identify in the subject line the agenda item to which your comments relate. All comments received will be included as part of the official record. Written comments will not be read out loud. • These procedures shall remain in place during the period in which state or local health officials have imposed or recommended social distancing measures. Reasonable accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as require by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Manager's Office at 760-434-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Monday before the meeting to decide. IN THE EVENT A QUORUM OF THE CITY COUNCIL LOSES ELECTRICAL POWER OR SUFFERS AN INTERNET CONNECTION OUTAGE THAT IS NOT CORRECTED WITHIN 15 MINUTES, THE MEETING WILL AUTOMATICALLY BE ADJOURNED. ANY ITEMS NOTICED AS PUBLIC HEARINGS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. ANY OTHER AGENDA ITEMS THE COUNCIL HAS NOT TAKEN ACTION ON WILL BE PLACED ON A FUTURE AGENDA. More information about City Council meeting procedures can be found at the end of this agenda and in the Carlsbad Municipal Code chapter 1.20. PLEASE NOTE: AS A RESULT OF THE WAIVERS IN EXECUTIVE ORDER N-29-20, THE BROWN ACT PERMITS FULL PARTICIPATION BY OFFICIALS IN MEETINGS THROUGH VIDEO OR AUDIO TELECONFERENCE. The City Council also sits as the Carlsbad Municipal Water District Board, Public Financing Authority Board, Community Development Commission and Successor Agency to the Redevelopment Agency. When considering items presented to the Carlsbad Municipal Water District Board, each member receives an additional $100 per meeting (max $300/month). When considering items presented to the Community Development Commission each member receives an additional $75 per meeting (max $150/month ). CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water District Board of Directors, Community Development Commission, Public Financing Authority, and the Successor Agency to the Redevelopment Agency on Consent Calendar Item No. 1. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in Recognition of Red Ribbon Week PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL REGARDING REAL PROPERTY Conference Regarding Real Property Negotiations (Government Code Section 54956.8) Property: APN 203-295-01-01 Location: 2782 State Street City Negotiators: Curtis Jackson, Real Estate Manager Negotiating Parties: Alex Goodman, New Village Arts If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in the place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session. ACTION: No reportable action. 2. CONFERENCE WITH LEGAL COUNSEL REGARDING REAL PROPERTY Conference Regarding Real Property Negotiations (Government Code Section 54956.8) Property: APN 213-061-19-00 Location: 2075 Las Palmas Drive City Negotiators: Curtis Jackson, Real Estate Manager Negotiating Parties: Linda Kurokawa, Mira Costa Community College If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in the place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session. ACTION: No reportable action. 3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION That the City Council, by motion, authorize a closed session regarding existing litigation in the matter of: Oct. 20, 2020 Page 2 Chris Langer v. City of Carlsbad, Case No. 20cv11107 BEN-DEB, pursuant to Government Code Section 54956.9(a)(d)(1). ACTION: The City Council voted unanimously to accept an offer to settle one litigation matter titled Langer v. City of Carlsbad involving ADA improvements required in seven city parking lots. The city agreed to settle for a payment of $17,500 and an agreement to make two of the parking lots accessible within four months and five others accessible within three years. PUBLIC COMMENT: In conformance with the Brown Act and California Executive Order No. N-29-20, a total of 15 minutes is provided so members of the public participate in the meeting by submitting comments as provided on the front page of this agenda. The City Council will receive comments as requested up to a total of 15 minutes. All other comments will trail until the end of the meeting. In conformance with the Brown Act, no Council action can occur on these items. CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed below. There will be no separate discussion on these items prior to the time the Council votes on the motion unless members of the Council, the City Manager, or the public request specific items be discussed and/or removed from the Consent Calendar for separate action. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. LOCAL CONFLICT OF INTEREST CODE UPDATE — 1) Adoption of a resolution amending the Local Conflict of Interest Code of the City of Carlsbad; and 2) Adoption of a Carlsbad Municipal Water District Board resolution amending the Local Conflict of Interest Code of the Carlsbad Municipal Water District; and 3) Adoption of a Community Development Commission resolution amending the Local Conflict of Interest Code of the Community Development Commission; and 4) Adoption of a Public Financing Authority resolution amending the Local Conflict of Interest Code of the Public Financing Authority; and 5) Adoption of a City Council as Successor Agency to the Redevelopment Agency resolution amending the Local Conflict of Interest Code of the City of Carlsbad. (Staff contact: Mia DeMarzo, City Clerk Department) ACTION: Adopted Resolution No. 2020-204; CMWD Resolution No. 1645; CDC Resolution No. 548; PFA Resolution No. 82; and Resolution No. 2020-205 — 4/0. 2. UPDATE OF THE CITYWIDE RECORDS MANAGEMENT PROGRAM AND RECORDS RETENTION SCHEDULE—Adoption of a resolution approving the update of the Citywide Records Management Program and Records Retention Schedule. (Staff contact: Pat Downie, Records Management) ACTION: Adopted Resolution No. 2020-206 — 3/1 (Schumacher — No). 3. APPROPRIATION OF ADDITIONAL FUNDS AND INCREASE OF CONSTRUCTION CONTINGENCY FOR THE PALOMAR AIRPORT ROAD WIDENING PROJECT — Adoption of a resolution authorizing appropriation of additional funds in an amount of $136,000 from the Gas Tax Fund for the Palomar Oct. 20, 2020 Page 3 Airport Road Widening Project, CIP Project Nos. 6043 and 6044 and increasing the Construction Contingency for the project by $60,000. (Staff contact: Valerie Airey, Public Works) ACTION: Adopted Resolution No. 2020-207 — 4/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 4. FISCAL YEAR 2018-19 GROWTH MANAGEMENT PLAN MONITORING REPORT — 1) Receive and file the Fiscal Year 2018-19 Growth Management Plan Monitoring Report; and 2) Adoption of resolution to determine six street facilities to be deficient according to the Growth Management Plan's Vehicular Level of Service Standard as described in the FY 2018-19 Growth Management Plan Monitoring Report; and 3) Accept the Traffic and Mobility Commission's recommendation to direct staff to further analyze the identified deficient facilities — except for southbound El Camino Real from Tamarack Avenue to Cannon Road —to determine whether there are any feasible improvement measures that could help minimize the vehicular traffic impacts and report the findings before the Traffic and Mobility Commission for recommendation to the City Council. The analysis and exemption request for southbound El Camino Real from Tamarack Avenue to Cannon Road will be presented as part of the Marja Acres private development project, which is tentatively scheduled for City Council consideration on Nov. 3, 2020. (Staff contact: Tom Frank, Public Works, and Corey Funk, Community Development) City Manager's Recommendation: Take public input, close the public hearing, adopt the resolution; receive and file the report; and accept the recommendations. ACTION: Council received the report; Adopted Resolution No. 2020-208; and Accepted the Traffic and Mobility Commission's recommendation — 4/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 5. COVID-19 ACTIONS AND EXPENDITURES REPORT — Receive a report on recent actions and expenditures related to the city's response to the COVID-19 pandemic and provide direction as appropriate. (Staff contact: Geoff Patnoe, City Manager Department) City Manager's Recommendation: Receive the report and provide direction as appropriate. ACTION: Council received the report. 6. ECONOMIC AND FINANCIAL UPDATE FOR THE FIRST QUARTER OF FISCAL YEAR 2020-21 — Receive a report on the economic and financial update for the first quarter of fiscal year 2020-21 and provide direction as appropriate. (Staff contact: Laura Rocha, Administrative Services) City Manager's Recommendation: Receive the report and provide direction as appropriate. ACTION: Council received the report. 7. APPROVAL OF FISCAL YEAR 2019-20 BUDGET CARRYFORWARD REQUESTS AND APPROPRIATION OF FUNDS TO FISCAL YEAR 2020-21 — Adoption of a resolution approving fiscal year 2019-20 budget carryforward requests and appropriation of funds to fiscal year 2020-21. (Staff contact: Roxanne Muhlmeister, Administrative Services) Oct. 20, 2020 Page 4 City Manager's Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2020-209 — 4/0. 8. PRESENTATION REGARDING THE DIFFERENT OPTIONS FOR CIVILIAN OVERSIGHT OF THE POLICE DEPARTMENT AND RECOMMENDATION TO HIRE A CONSULTANT AND SEEK COMMUNITY INPUT ON THE BEST APPROACH FOR THE CITY OF CARLSBAD — Receive a presentation on the different options for citizen oversight of police departments and consider a staff recommendation to: 1) Obtain input from the community regarding law enforcement concerns and desired aspects of police oversight; and 2) Hire an expert consultant to design a police oversight and review program that is tailored to the needs of the City of Carlsbad. (Staff contact: Mickey Williams, Police, Allegra Frost, City Attorney Department, and Sheila Cobian, City Manager Department) City Manager's Recommendation: Receive the presentation and consider staff recommendation. ACTION: Council received the report. ACTION: Minute Motion by Council Member Bhat-Patel, seconded by Mayor Pro-Tern Blackburn, to hold four public meetings, one with each of the four different districts and the district representative, and bring back a report to Council by March 2021, unless circumstances arise to shift the timeline (see minutes for details) — 4/0. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 4/7/20) Matt Hall North County Mayors and Managers Mayor City/School Committee Chamber of Commerce Liaison (primary) Clean Energy Alliance JPA (alternate) San Diego County Water Authority San Diego Regional Economic Development Corporation Board of Directors City Council Legislative Subcommittee Economic Revitalization Subcommittee Ad-Hoc City Council North County Homeless Action Plan Subcommittee Keith Blackburn Mayor Pro Tern Buena Vista Lagoon JPC Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority Chamber of Commerce Liaison (alternate) SANDAG (rt alternate) North County Transit District (alternate) Carlsbad Municipal Code and City Council Policy Update Subcommittee Priya Bhat-Patel SAN DAG (2nd alternate) Council Member — District 3 North County Transit District (primary) City/School Committee League of California Cities — SD Division Encina Wastewater Authority/JAC Board of Directors (alternate) City Council Legislative Subcommittee Economic Revitalization Subcommittee Ad-Hoc City Council North County Homeless Action Plan Subcommittee Oct. 20, 2020 Page 5 Cori Schumacher Council Member — District 1 SANDAG (primary) Buena Vista Lagoon JPC Clean Energy Alliance JPA (primary) Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority (alternate) Carlsbad Municipal Code and City Council Policy Update Subcommittee Vacant — At-Large Council Member PUBLIC COMMENT: Continuation of the Public Comments This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section. In conformance with the Brown Act, no Council action can occur on these items. 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. CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ADJOURNMENT: 5:24 p.m. City Council Meeting Procedures (continued from page 1) Written Materials Written materials related to the agenda that are submitted to the City Council after the agenda packet has been published will be available for review prior to the meeting during normal business hours at the City Clerk's office, 1200 Carlsbad Village Drive and on the city website. To review these materials during the meeting, please see the City Clerk Visual Materials Visual materials, such as pictures, charts, maps or slides, are allowed for comments on agenda items, not general public comment. Please contact the City Manager's Office at 760-434-2820 or rnanager@carlsbadca.gov to make arrangements in advance. All materials must be received by the City Manager's Office no later than noon the day before the meeting. The time spent presenting visual materials is included in the maximum time limit provided to speakers. All materials exhibited to the City Council during the meeting are part of the public record. Please note that video presentations are not allowed. Decorum All participants are expected to conduct themselves with mutual respect. Loud, boisterous and unruly behavior can interfere with the ability of the City Council to conduct the people's business. That's why it is illegal to disrupt a City Council meeting. Following a warning from the presiding officer, those engaging in disruptive behavior are subject to law enforcement action. City Council Agenda The City Council follows a regular order of business that is specified in the Carlsbad Municipal Code. The City Council may only make decisions about topics listed on the agenda. Presentations The City Council often recognizes individuals and groups for achievements and contributions to the community. Well- wishers often fill the chamber during presentations to show their support and perhaps get a photo. If you don't see an open seat when you arrive, there will likely be one once the presentations are over. Oct. 20, 2020 Page 6 Consent Items Consent items are considered routine and may be enacted together by one motion and vote. Any City Council member may remove or "pull" an item from the "consent calendar" for a separate vote. Members of the public may pull an item from the consent calendar by requesting to speak about that item. A speaker request form must be submitted to the clerk prior to the start of the consent portion of the agenda. Public Comment Members of the public may speak on any city related item that does not appear on the agenda. State law prohibits the City Council from taking action on items not listed on the agenda. Comments requiring follow up will be referred to staff and, if appropriate, considered at a future City Council meeting. Members of the public are also welcome to provide comments on agenda items during the portions of the meeting when those items are being discussed. In both cases, a request to speak form must be submitted to the clerk in advance of that portion of the meeting beginning. Public Hearing Certain actions by the City Council require a "public hearing," which is a time within the regular meeting that has been set aside and noticed according to different rules. Departmental Reports This part of the agenda is for items that are not considered routine and do not require a public hearing. These items are usually presented to the City Council by city staff and can be informational in nature or require action. The staff report about each item indicates the purpose of the item and whether or not action is requested. Other Reports At the end of each meeting, City Council members and the city manager, city attorney and city clerk are given an opportunity to share information. This usually includes reports about recent meetings, regional issues, and recent or upcoming meetings and events. City Council Actions Resolution A resolution is an official statement of City Council policy that directs administrative or legal action or embodies a public City Council statement. A resolution may be introduced and adopted at the same meeting. Once adopted, it remains City Council policy until changed by subsequent City Council resolution. Ordinance Ordinances are city laws contained in the Carlsbad Municipal Code. Enacting a new city law or changing an existing one is a two-step process. First, the ordinance is "introduced" by city staff to the City Council. If the City Council votes in favor of the introduction, the ordinance will be placed on a subsequent City Council meeting agenda for "adoption." If the City Council votes to adopt the ordinance, it will usually go into effect 30 days later. Motion A motion is used to propose City Council direction related to an item on the agenda. Any City Council member may make a motion. A motion must receive a "second" from another City Council member to be eligible for a City Council vote. Oct. 20, 2020 Page 7