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Home My WebLink About2021-01-05; City Council; Minutes; Special SessionCITY COUNCIL Special Meeting Minutes Jan. 5, 2021, 3:00 P.M. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 3:00 p.m. ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: None. PRESENTATIONS: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. PUBLIC COMMENT: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 1. ADMINISTRATIVE ENFORCEMENT OF PUBLIC HEALTH ORDERS — Consider a request from Council Member Schumacher to adopt a resolution(s) under the city's emergency powers for increased enforcement of the public health orders, including administrative citations and fines. Specifically, (1) Adoption of a resolution adopting an Emergency Order requiring all individuals, businesses, and organizations in Carlsbad to comply with the State and County Public Health Orders; and/or (2) Adoption of a resolution issuing an Emergency Order mandating face coverings in certain high-traffic pedestrian areas of the City of Carlsbad. (Staff contact: Cindie McMahon and Allegra Frost, City Attorney) City Manager's Recommendation: Consider the request and adoption of the resolutions. Assistant City Attorney Cindie McMahon and Deputy City Attorney Allegra Frost presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Acosta, Deputy City Attorney Frost explained that there weren't any cities in the County of San Diego that were giving citations, but that the City of Huntington Beach has been initiating citations. In response to Council Member Schumacher, City Manager Chadwick explained that a contract work force would enhance staff availability. Jan. 5, 2021 Carlsbad City Council Special Meeting Page 2 Council Member Bhat-Patel requested a scenario on how an administrative citation would be given to a person. Deputy City Attorney Frost illustrated that an officer would try to engage in a mutually respectful, but also added that one cannot determine just by looking at someone if they are exempt from wearing a mask. In response to Mayor Pro Tern Blackburn, City Attorney Celia Brewer explained that Carlsbad as a city is under the direction of state and county health orders. In response to Council Member Acosta, Police Chief Neil Gallucci explained that there is collaboration with the County to enforce the health order. In response to Council Member Schumacher, Chief Gallucci explained that the Police Department performs follow up visits on the cease and desist orders list. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel to reduce the public speaker time from three minutes to two minutes due to the many callers waiting to speak. Motion carried, 4/1 (Hall — No). The following individuals called into the City Council Meeting and shared their comments for the record: Supervisor Jim Desmond; Michael Curran; Chace Eskam; Keyrollos Ibrahim; Celia Morris; Jean Walker; Justine Ulmer; Karen Mendoza; Fran Sesti; Andy Davis; Tyler Browne; Judy O'Connor; Jason Vroom; Belynn Gonzales; Darius Aram; Victoria Wisdom. Mayor called a recess at 4:32 p.m. Mayor Hall reconvened the meeting at 4:38 p.m. Public comment continued and the following individuals called into the City Council Meeting and shared their comments for the record: Ray Pearson; Theresa Carpenter; DeeDee Rowlett; William Larson; Kathleen Wellman; Angela Derby; Corrine Busta; Chantelle Baroni; Kelly Boyce; Christopher Murphy; Sarah Davis; Jeff McNeilly; Carol Simmons; Lance Corn ow; Gretchen Schorr; Jan Neff-Sinclair; T 1 Childs; Patti Phillips; Justin Jachura; Suzanne Crockett; Romina Allen; Nathan Apffel; Lori Krupa; Hope Nelson; Jessica Kramer; Justin Davis. Mayor called a recess at 6:02 p.m. Mayor Hall reconvened the meeting at 6:08 p.m. Public comment continued and the following individuals called into the City Council Meeting and shared their comments for the record: Jan. 5, 2021 Carlsbad City Council Special Meeting Page 3 Tracy Carmichael; Jessica Van Driessche; Kristin Hensley; Danielle St. John; Tracy Pedrazzani; Shaun Alger; Russell Ames; Scott Obermayer; Neil Turner; Steven Minnaar; Matthew Williams; Sue Stevens; Dan Sweeney; Erich SchieleThine. In response to Council Member Acosta, City Attorney Brewer confirmed that it is incumbent that the City follow the county health order. Attorney Brewer also commented that some cities have their own health officers, but Carlsbad is not one of them. Council Member Schumacher thanked everyone for their input and feedback. She gave a brief background on why she brought this item forward which started with the spike of COVID-19 cases after the July 4th holiday. Council Member Schumacher explained that people were asking that options be brought back after there was a five-member Council. Council Member Acosta thanked members of the community for their engagement, emails and calls. She explained that she heard and read the comments that the City Council needed to clarify their role. She explained that the health orders came from the state and county and that the city is trying to abide by the health orders while keeping the community safe and protected. She explained that it is frustrating seeing some restaurants not complying with the health orders while others are. Minute Motion by Council Member Acosta, seconded by Council Member Bhat-Patel, to bring back this item to discuss a comprehensive approach to addressing compliance possibly offering incentives to businesses in compliance and to possibly collaborate with other cities in the county. Mayor Hall expressed that he likes the idea of incentives but the type and monetary amount needed is beyond the city's reach. He also added that the city needs to hear what the courts are saying about the subject. Mayor Hall expressed that he sees people's personal rights being infringed upon by the Governor and others. Mayor Hall added that he would not support any further restrictions on businesses. Council Member Bhat-Patel explained that the health orders should have been a concerted and regional approach. She suggested the City of Carlsbad look into the possibility of having local Mayors meeting regularly and try to solve this as a region. She added that she will be supporting the motion. Mayor Hall spoke on the collaboration piece of the motion and that other cities have already had this conversation. Mayor Hall added that it would be challenging to work with other cities at this point. Mayor Pro Tern Blackburn asked Council Member Acosta if her motion was meant to work with other cities and learn what they have done rather than starting a brand-new conversation with them. Council Member Acosta responded that her motion includes working with other cities and to learn from them. Minute Motion amended by Council Member Acosta, seconded by Council Member Bhat- Patel, to bring back to a date uncertain an item to discuss a comprehensive approach to addressing health order compliance, including incentives, additionally to exclude businesses Jan. 5, 2021 Carlsbad City Council Special Meeting Page 4 who are not complying with the law, from the city's pandemic assistance programs and collaborate with other cities in the region and with the County of San Diego. Motion carried, 4/1 (Hall — No). Motion by Council Member Schumacher adopting a resolution for an Emergency Order requiring all individuals, businesses, and organizations in Carlsbad to comply with the State and County Public Health Orders. City Attorney Brewer further explained that adopting the resolution results in a making the health order an order that can be enforced with our administrative citation system in the future as we see fit. Council Member Schumacher agreed with City Attorney Brewer's explanation and added that nothing additional be added at this time but would like to tie it to the Municipal code. Council Member Schumacher's motion did not gain a second. Council Member Bhat-Patel explained that everyone needs to take the virus seriously and do everything we can do as a community. She also explained that she did not call this meeting, she does not support more restrictions than what are already in place, and that the city needs to maintain consistency with the region and maintain county-wide cooperation. In response to Council Member Schumacher's inquiry, City Attorney Brewer clarified that moving forward with citations and fines were not items that were part of the motion made by Council Member Acosta. Mayor Pro Tern Blackburn thanked everyone for their input and for making it through the meeting. He explained that he is bothered by the inconsistent rules of the state and the county where big box stores are not held to the same rules as the small businesses. COUNCIL REPORTS AND COMMENTS: Council Members thanked the community for their input and comments. CITY MANAGER COMMENTS: City Manager Chadwick thanked staff and apologized for being under the weather. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed Special Meeting at 7:39 p.m. L/Barbara Engleson,,e City Clerk