Loading...
HomeMy WebLinkAbout2017-11-14; City Council; MinutesCITY COUNCIL Minutes Nov. 14, 2017, 9 a.m. CALL TO ORDER: 9a.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ROLL CALL: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. INVOCATION: None. PLEDGE OF ALLEGIANCE: Council Member Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. PRESENTATION: None. CONSENT CALENDAR: ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to approve Consent Calendar Item No. 1. Motion carried unanimously, 5/0. 1. TRANSPORTATION DIRECTOR JOB CLASSIFICATION -Adoption of Resolution No. 2017-220 approving a new Transportation Director job classification and amending the affected salary schedule. (Staff contact: Drew Cook, Administrative Services) URGENCY ORDINANCE FOR INTRODUCTION AND ADOPTION: 2. URGENCY ORDINANCE ALLOWING AFTER-HOURS PUBLIC ACCESS TO PORTABLE FACILITIES IN CITY PARKS -Adoption of Urgency Ordinance No. CS-327 to allow after-hours public access to portable restroom facilities and hand-washing stations in city parks during the duration of the Hepatitis A health emergency. (Staff contact: Michael Calderwood, Fire and Marissa Kawecki, City Attorney's office) Fire Division Chief Michael Calderwood and Deputy City Attorney Marisa Kawecki provided a brief overview of the report. Glenn Bernard spoke in support of providing access to portable restroom facilities after hours. Tamara Rowe expressed concerns relating to activities that occur after hours in parks. She requested that the Council first evaluate the impacts on surrounding neighborhoods prior to making a decision. Tony Lazarus stated that he would like to have an opportunity to review the City's homeless outreach plan. He suggested that Council consider increasing communication to Carlsbad residents regarding the Plan. November 14, 2017 Carlsbad City Council Regular Meeting Page 2 City Attorney Celia Brewer titled the Ordinance. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, to introduce and adopt Ordinance No. CS-327. Motion carried unanimously, 5/0. PUBLIC COMMENT: Glenn Bernard spoke in favor of working to create more jobs in America to address the homeless issue. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORT: 3. REVIEW AND DISCUSSION OF CARLSBAD MUNICIPAL CODE CHAPTER 1.20 -MEETINGS - Review, discuss and by minute motion approve or amend section by section the proposed changes to the draft Carlsbad Municipal Code Chapter 1.20. (Staff contact: Celia Brewer, City Attorney) City Manager's Recommendation: Review, discuss and provide direction to staff for the preparation of an Ordinance for Introduction at a future meeting reflecting Council's consensus of changes to the proposed draft Ordinance. City Attorney Celia Brewer provided an overview of the report and suggested that Council review each section of Chapter 1.20 and determine if it has been written to their satisfaction. If a member of the Council wishes to make a change, they shall do so by making a minute motion and then voting on the suggested change. In closing she stated that staff will incorporate Council's direction into an Ordinance for introduction at a future meeting. Council reviewed the Sections and made the following determinations: Section 1.20.010 -Policies applicable to all meetings. Council Member C. Schumacher suggested that Section C.3 be removed from the Ordinance and the word "intimidating" be moved up to Section C.2. Council Member Packard spoke in support of the language as proposed by staff. ACTION: Minute Motion by Council Member Packard, seconded by Council Member M. Schumacher, to leave the language as recommended by staff. Motion carried, 4/1 (C. Schumacher -No). Section 1.20.060 Council agenda. Council Member C. Schumacher made a minute motion to remove the Invocation from the order of business. Motion failed due to lack of a second. Council Member Packard spoke in support of the Invocation remaining as part of the agenda. November 14, 2017 Carlsbad City Council Regular Meeting Page 3 ACTION: Minute Motion by Council Member Packard, seconded by Mayor Hall, to leave the invocation in the Ordinance as written by staff. Motion carried, 4/1 (C. Schumacher-No). Section 1.20.140 A. Public participation. Council Member C. Schumacher made a minute motion, seconded by Mayor Pro Tern Blackburn to change the language of the last sentence to read "The presiding officer, with the unanimous majority consent of the council, may allow a person who has not filed such a request to address the council." Motion failed due to lack of majority support, 2/3 (Hall, Packard and M. Schumacher -No) Section 1.20.140 B. Public participation. Council Member C. Schumacher suggested that the fourth sentence of the paragraph be modified as follows "Persons desiring to address the council on items not appearing on the agenda must submit a request to speak to the city clerk before the meeting is called to GfGef before public comment is called." ACTION: Minute Motion by Council Member C. Schumacher, seconded by Mayor Pro Tern Blackburn, to modify the language of Section 1.20.140 Bas suggested by Council Member C. Schumacher. Motion carried unanimously, 5/0. 1.20.140 D. Public participation. Council Member C. Schumacher made a motion to change the language in this section to allow one speaker to yield time to one other speaker. Mayor Pro Tern Blackburn stated that he would be in support of that suggestion provided it was at the discretion of the Mayor or Chair of the meeting. Council Members Packard and M. Schumacher spoke in support of staff's recommendation prohibiting a speaker from yielding time to another speaker. Council Member C. Schumacher's motion failed due to lack of a second. 1.20.170 A. Decision following a public hearing. Council Member C. Schumacher suggested that the word "quasi-adjudicative" be changed to "quasi-judicial" in the third sentence and throughout the next three sections. ACTION: Minute Motion by Council Member C. Schumacher, seconded by Mayor Pro Tern K. Blackburn, to modify the language as suggested by Council Member C. Schumacher. Motion carried unanimously, 5/0. 1.20.290 Failure to observe procedures -waiver. Council Member C. Schumacher requested clarification on how a member of the public or an applicant might issue a timely objection to a procedural violation. November 14, 2017 Carlsbad City Council Regular Meeting Page 4 City Attorney Brewer stated that staff would return with recommended language clarifying the procedure. Council Member C. Schumacher suggested the Council codify ex-parte disclosure as part of the proposed ordinance. ACTION: Minute Motion by Council Member C. Schumacher, seconded by Mayor Pro Tern K. Blackburn, to direct the City Attorney to add ex-parte disclosure to the ordinance when it is presented at a future meeting. Motion carried unanimously, 5/0. COUNCIL REPORTS AND COMMENTS: Mayor Hall and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Meeting was adjourned at 10:31 a.m. 4eiiaR. Cobian, CMC City Clerk Services Manager