HomeMy WebLinkAbout2020-05-12; City Council; Minutes (2)CITY COUNCIL
May 12, 2020, 3 p.m.
CALL TO ORDER: 3:02 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the City Council is
serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item
No. 2.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES: None.
PRESENTATIONS: None.
PUBLIC COMMENT:
City Clerk Barbara Engleson read the public comments received from the following individuals
into the record:
Steven Ewald commented his concern with limited street parking availability to residents due to
parking restrictions on Carlsbad Boulevard.
Hope Nelson, representing Citizens for a Friendly Airport, commented her concern with McClellan-
Palomar Airport landfill project.
Pierre Cochoet-Weinandt commented his concern for the safety of essential workers as businesses
and public spaces reopen.
Ron Ealy commented his request for safety guidelines to be issued in an effort for more small
businesses to reopen.
Jeffrey Lee commented his request to reopen the disabled parking spaces along the coast. He
explained his concern that he has not been contacted to provide input about adaptive sports for
the new Master Plan and urged the city to consider the disabled community.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION: None.
PUBLIC HEARINGS: None.
May 12, 2020 Carlsbad City Council Regular Meeting Page 2
CONSENT CALENDAR:
Item No. 1 was pulled for discussion by Mayor Pro Tem Blackburn.
1. AUTHORIZE RIGHT OF ENTRY PERMIT WITH CALIFORNIA STATE PARKS & RECREATION -
Adoption of Resolution No. 2020-082 authorizing a right of entry permit with the State of
California Department of Parks & Recreation to maintain the upper picnic facilities at
Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach. (Staff contact:
Tim Selke, Parks & Recreation)
In response to an inquiry from Mayor Pro Tern Blackburn, City Manager Scott Chadwick
explained the history and efforts to secure a long-term, multi-year agreement with the State
of California Department of Parks & Recreation.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Resolution No. 2020-082. Motion carried unanimously, 4/0.
Item No. 2 was pulled for discussion by Council Member Bhat-Patel.
2. APPOINTMENT OF SAN DIEGO COUNTY WATER AUTHORITY BOARD OF DIRECTORS -
Adoption of CMWD Resolution No. 1640 approving an appointment to the San Diego County
Water Authority Board of Directors. (Staff contact: Vicki Quiram, Public Works)
In response to an inquiry from Council Member Bhat-Patel, Mayor Hall explained both he and
the appointed individual can report back to City Council at any time.
Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, to approve
CMWD Resolution No. 1640 approving the appointment of Keith Lewinger. Motion carried
unanimously, 4/0.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
3. REPORT ON RECOVERY-BASED GROUP HOMES -Receive a report from the Ad-Hoc City
Council Subcommittee on Sober Living Homes entitled "Recovery-Based Group Homes" and
direct staff to pursue the action described in the Conclusion section of the report. (Staff
contact: Jeff Murphy, Community Development)
City Manager's Recommendation: Receive the report.
Community Development Director Jeff Murphy presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
City Clerk Barbara Engleson read the public comments received from the following individuals
into the record:
May 12, 2020 Carlsbad City Council Regular Meeting Page 3
Martha Law-Edwards commented her concerns, questions, and suggestions regarding
recovery-based group homes.
Rosemary Eshelman commented her concerns and questions regarding recovery-based group
homes.
Chris Nicholson commented his concerns and questions regarding recovery-based group
homes and provided a State of California Health and Welfare Agency Department of Social
Services Community Care Licensing Manual.
Joanna Nicholson commented her concerns and questions regarding recovery-based group
homes.
Vincent Ponce commented his concerns and questions regarding recovery-based group homes
and photos depicting emergency responders in his neighborhood.
In response to an inquiry from Council Member Bhat-Patel, Community Development
Director Jeff Murphy explained some situations that could warrant the State of California to
investigate and revoke a recovery-based group home license.
In response to an inquiry from Council Member Schumacher, Director Murphy explained a
tradition of complaint reporting has been established and that a process can be established
per City Council direction.
In response to an inquiry from Mayor Pro Tern Blackburn, Deputy City Attorney Marissa
Kawecki explained while the Police Department tracks the dispatch records, however the city
cannot dictate how the State of California conducts its investigation or how determinations
are made to award or revoke licenses. She also stated that although it is the State of
California's purview to do as they see fit with the information sent to them, staff can explore
if the state works in tandem with cities on how a determination is made.
In response to an inquiry from Mayor Hall, Director Murphy explained what social
rehabilitation centers entail and the role the city plays in permitting.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to direct staff to develop an administrative policy for reporting Recovery-Based Group Homes
and facilities that have permits or licenses with the City of Carlsbad or the State of California.
Motion carried unanimously, 4/0.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to direct staff to pursue the three actions presented in the conclusion of the report entitled
"A Report on the Purpose, Challenges and Opportunities Related to Residents that Provide
Housing and Support for People Recovering from Addiction":
May 12, 2020 Carlsbad City Council Regular Meeting Page4
1. Pursuant to Carlsbad's 2018 Legislative Platform, the city will use the platform and
legislative advocacy efforts to:
Protect the City's interests and local legislative authority and will take appropriate
action when required to safeguard and/or advance the City's interests. This includes
preserving and protecting the City's charter powers, duties and prerogatives to enact local
legislation concerning local affairs.
The City Council will soon be considering updates to the city's Legislative Platform. A new
policy, which specifically addresses RGHs, is proposed under the "Planning & Zoning"
section of the Legislative Platform and is currently drafted as follows:
(g) Support legislation that enables local agencies to effectively address issues concerning
public safety and proper management of group homes.
2. The city will continue to monitor current court cases and relevant lawsuits and report
back for City Council consideration any decisions that result in definitive legal precedent
and would feasibly allow the city to regulate RGHs, such as the Newport Beach and Costa
Mesa cases.
3. The city will continue to respond to complaints and calls from residents near RGHs and
enforce those rules and regulations that apply to all single-family residences (i.e.,
unpermitted construction, public nuisances, trash).
Motion carried unanimously, 4/0.
4. GUIDELINES FOR CONSIDERING CITY LEASE RENT DEFERRAL REQUESTS -Adoption of
Resolution No. 2020-083 approving guidelines for considering city lease rent deferral
requests and approving city lease rent deferral requests for Chapters Cafe and New Village
Arts. (Staff contact: Curtis Jackson, Real Estate)
City Manager's Recommendation: Adopt the resolution.
Real Estate Manager Curtis Jackson presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk). He also explained New Village Arts
requested to withdrawal their deferral request.
In response to an inquiry from Mayor Pro Tern Blackburn, Manager Jackson explained the
factors considered for city lease rent deferral requests.
In response to an inquiry from Council Member Bhat-Patel, Manager Jackson explained why
New Village Arts requested to withdrawal their request. Deputy City Manager of Community
Services Gary Barberio added that a letter was received on behalf of New Village Arts,
submitted for the record, distributed to Council, and available for the public to view on the
city's website.
City Clerk Barbara Engleson read the public comment received from the following individual
into the record:
May 12, 2020 Carlsbad City Council Regular Meeting Page 5
Kristianne Kurner, representing New Village Arts, Inc., commented her request to withdraw
their request for deferral and explained their plans to remain sustainable.
In response to an inquiry from Mayor Pro Tern Blackburn, Manager Jackson explained other
funding sources received by the tenant will be taken into consideration to determine what
assistance the city will distribute. Deputy City Manager Gary Barberio added additional
clarification on the timeline and the factors considered in balancing the city's fiducfary
responsibilities.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Resolution No. 2020-083 with the addition of Attachment A and the striking of New Village
Arts in Item 4 of the resolution. Motion carried unanimously, 4/0.
5. BUENA VISTA LAGOON ENHANCEMENT PROJECT UPDATE-Receive a presentation from the
San Diego Association of Governments (SANDAG) regarding the Buena Vista Lagoon
Enhancement Project status, and adoption of Resolution No. 2020-084 approving a letter of
support to the San Diego Association of Governments Board of Directors for selection of the
Buena Vista Lagoon Enhancement Project Modified Saltwater Alternative and authorizing the
City Manager to negotiate a project agreement with SANDAG, the City of Oceanside, the
California Department of Fish and Wildlife and certain property owners for approval by the
City Council. (Staff contact: Jason Haber, City Manager Department)
City Manager's Recommendation: Receive the presentation and adopt the resolution.
Intergovernmental Affairs Director Jason Haber and San Diego Association of Governments
Principal Regional Planner Keith Greer presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
City Clerk Barbara Engleson read the public comment received from the following individual
into the record:
Allan Wanamaker commented his opposition against any salt water or mixed regime for the
lagoon and concern with the cost of the project.
In response to an inquiry from Mayor Hall, Director Haber explained the City Council has the
discretion to execute or request conditions be provided in the agreement that would
represent the interests of stakeholder groups.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Resolution No. 2020-084. Motion carried unanimously, 4/0.
6. CLIMATE ACTION PLAN PROGRESS REPORT-Receive a Progress Report on the Climate Action
Plan. (Staff contact: Michael Grim, Public Works)
City Manager's Recommendation: Receive the report.
May 12, 2020 Carlsbad City Council Regular Meeting Page 6
Senior Program Manager Michael Grim presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
City Clerk Barbara Engleson read the public comments received from the following individuals
into the record:
Simon Freedman, representing My Generation Carlsbad Team, commented his proposal to
provide incentives to Carlsbad residents purchasing or leasing electric vehicles or plug-in
hybrid electric vehicles from Carlsbad businesses.
Diane Nygaard, representing Preserve Calavera, commented her request for the city to take
action and update the Climate Action Plan (CAP}; collect reliable, consistent data for the
greenhouse gas emission report; and plan for a robust update of the entire CAP with the
Housing Element.
In response to an inquiry from Council Member Schumacher, Senior Program Manager
Michael Grim explained City Council will have the opportunity to review the status of the
policies during the Housing Element update. He also explained the measures evaluated and
proxies used to estimate data as staff do not have control over when data is received from
various parties.
Council Member Schumacher requested staff provide a plan that outlines how data will be
gathered in an effort to find a solution to the current challenge and delay in receiving data.
RECESS:
Mayor Hall declared a recess at 5:02 p.m.
Mayor Hall reconvened the meeting at 5:11 p.m.
7. CONSIDER OPTIONS TO FILL THE CITY COUNCIL AT-LARGE VACANCY-Consider whether to fill
the City Council at-large vacancy by appointment or wait until the seat is filled by the District
4 representative after the Nov. 3, 2020 general municipal election and provide direction to
staff (Staff contact: Celia Brewer, City Attorney and Sheila Cobian, City Clerk Services)
City Manager's Recommendation: Discuss and provide direction to staff.
City Clerk Services Manager Sheila Cobian presented the report.
City Clerk Barbara Engleson read the public comments received from the following individuals
into the record:
Emailed comments received in support of leaving an at-large representative seat vacant until
the November 2020 general municipal election District No. 4 result: Jen Goswami; Kara Kong;
May 12, 2020 Carlsbad City Council Regular Meeting Page 7
Jan Rodriguez; Jacquie Nelissen; Gwen Ross; John Biethan; Diane Rivera; Kevin Sebalico;
Harriet Stoup.
Maril Adrian emailed her comment in support of either appointing the at-large representative
or instituting emergency powers to the Mayor.
Emailed comments received in support of appointing an at-large representative until the seat
is filled by the November 2020 general municipal election District No. 4 result: Dr. Melanie
Burkholder.
Submitted public comments received via email in support of leaving the at-large
representative seat vacant until the November 2020 general municipal election District No. 4
result; however, did not request to be read into the record: Tammy Friedreck; Troy Friedeck.
Submitted public comments received via email in support of appointing an at-large
representative until the seat is filled by the November 2020 general municipal election District
No. 4 result; however, did not request to be read into the record: Chris Murphy.
City Clerk Services Manager Sheila Cobian read the following public comment received from
the following individual into the record:
Kim Duquette commented in support of appointing an at-large representative until the seat is
filled by the November 2020 general municipal election District No. 4 result.
Mayor Hall explained his concern for deadlocked votes and City Council working at 60%
capacity while there are past Council Members eligible for appointment.
Council Member Bhat-Patel explained her reasons for supporting leaving the at-large
representative seat vacancy until the November 2020 general municipal election District No.
4 result.
Council Member Schumacher explained her reasons for supporting leaving the at-large
representative seat vacancy until the November 2020 general municipal election District No.
4 result.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
in support of the at-large City Council position to remain vacant until the November 3, 2020
general municipal election at which time the seat will transition to District 4 representation.
Motion carried, 3/1 (Hall -No).
8. CLEAN ENERGY ALLIANCE UPDATE -Provide an update on the Clean Energy Alliance and
consider providing advice to the city's Clean Energy Alliance board representatives. (Staff
contact: Jason Haber, City Manager Department)
City Manager's Recommendation: Provide direction to staff.
May 12, 2020 Carlsbad City Council Regular Meeting Page 8
Intergovernmental Affairs Director Jason Haber and Pacific Energy Advisors, Inc Vice
President Kirby Dusel presented the report and reviewed a PowerPoint presentation (on file
in the Office of the City Clerk).
City Council received the presentation and requested updates on substantive issues as
needed.
9. EXTENSION OF LOCAL COVID-19 PANDEMIC EMERGENCY AND MODIFICATION OF REGULAR
CITY COUNCIL MEETING START TIME -Adoption of Resolution No. 2020-085 extending the
local COVID-19 emergency until terminated by the City Council and modifying the start time
of regular City Council Meetings to 3 p.m. for the duration of the local emergency. (Staff
contact: Scott Chadwick, City Manager Department)
City Manager's Recommendation: Adopt the resolution.
City Manager Scott Chadwick presented the report.
In response to an inquiry from Council Member Schumacher, Assistant City Attorney Cindie
McMahon explained the process and opportunities to determine when an item is presented
to the City Council for action.
City Attorney Celia Brewer explained the resolution may be amended to tie the review of the
resolution to a triggering event such as the end of the emergency by either the State of
California or County of San Diego.
Council Member Schumacher stated she felt more comfortable if a triggering event was listed
due to the Governor's action to exempt review at the local level.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to amend the resolution to state that the Proclamation of Local Emergency is extended until
action is taken by the County of San Diego or State of California directing the termination of
the State of Emergency. Motion carried, 3/1 (Hall -No).
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-085 as amended by the above Minute Motion language, Motion carried,
4/0.
City Clerk Barbara Engleson read the public comment received from the following individual
into the record:
Karen Rich commented in opposition to HR 6666, also known as the TRACE Act, due to contact
tracing and surveillance, and requested City Council to stop the bill.
May 12, 2020 Carlsbad City Council Regular Meeting Page 9
City Clerk Barbara Engleson stated a total of 26 other comments with the same language were
also received by the City Clerk's Office, however, the senders did not request they be read
aloud.
Submitted public comments received via email in opposition to HR 6666, also known as the
TRACE Act, due to contact tracing and surveillance, and requested City Council to stop the bill;
however, did not request to be read into the record: Irene Hoffman; Bernadette Smith; Mona
Motwani; Mary Ann Servin; Monica Merino; Mitra Singh; Mark Hansen; Josh Juncal; Wendy
Paige; Rebecca Haber; Cathy Mcloughlin; Andrea Schulgasser; Lisa Fernandez; Dustin
Pressley; Kimberly McDaniel; Megan Root; Paul Root; Keris Binder; Jennifer Knox; Sarah
Tipton.
PUBLIC COMMENTS CONTINUED:
City Clerk Barbara Engleson read the public comments received from the following individuals
into the record:
Robert Caudill commented regarding his concern with police officers not wearing masks on the
beach when the public is obligated to wear them.
Jen Goswami commented regarding her support for reopening the tennis courts with safety
guidelines and signage in place.
Andrew Lee commented regarding her support for reopening the tennis courts as the sport can
be played practicing safety guidelines.
Carlsbad District No. 1 Community Recovery Task Force commented regarding their request to
celebrate graduating high school seniors by installing banners across areas of the city (there were
29 additional letters of support received for this). The Jetter also commented in support for Village
restaurants and eating establishments.
Sam Ward commented regarding his support for a request to celebrate and recognize graduating
high school seniors.
John Reznick, representing Campfire and Jeune et Jolie, commented regarding his proposal to
allow businesses or restaurants to temporarily use their parking lots for seating patrons as well
as requesting the city temporarily convert State Street in the Village to a pedestrian thoroughfare
for the summer and allow restaurants and retailers to use the sidewalks and streets.
Lela Panagides, representing a group (Carmen Rene; Teresa Curella; James Houghton; Jennifer
Van Riet; Donna Ruiz), commented regarding their concern with the construction and extension
of College Boulevard from El Camino Real to Cannon Road and development through Zone 15.
May 12, 2020 Carlsbad City Council Regular Meeting Page 10
Bill Sheffler commented regarding his request for City Council to reform its rules and deny Council
Members an abstention vote when they participate in the discussion of an item.
Gabe Martinez commented regarding his concern about leaving businesses closed and requested
to reopen as other counties have done to prevent further economic downfall.
Submitted public comments received via email in support of celebrating and recognizing
graduating high school seniors; however, did not request to be read into the record: David and
Maria Cruz; Annette and Jose Barruetto; Deanne T. Lindwall; Derly Blauchard; Devin Keel Manuel;
Elizabeth Park; Jamie and Jennifer Familo; Lauren Hoffman; Jason Stewart; Julann Lodge; Kelly
Lauro; Adam and Susie Know/and; Cindy and Scott Kramer; Lisa Riddle; Lisa Rood; Maryanne Blue;
Melissa Martin; Brian and Amy Neyhart; Bridget and James Kirk Nichols; Nannie King; Diane
Parker; JR and Marie Phillips; Renee Mone; David and Ruby Johnson; Sandra Sanchez and Steve
Tauber; Juliet and Ken Schmitt; Nicole Ganjani and Majid Ghassemian; May and Tom Ahrendt;
Mary and John Gieson;
Submitted public comments received via email regarding reopening more more businesses and
public spaces; however, did not request to be read into the record: Gabe L'Heureux; Stephanie
Baxter.
COUNCIL REPORTS AND COMMENTS:
Council Member Schumacher spoke in support of the Carlsbad District No. 1 Community
Recovery Task Force's requests to celebrate graduating high school seniors and support for
Village restaurants and eating establishments.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to
make a recommendation to the Economic Revitalization Committee subcommittee to pursue the
three points made in the letter received from the Carlsbad District 1 Community Task Force:
1. Support a joint City-School celebration of the Carlsbad Class of 2020 graduating seniors.
2. If a business or restaurant has a private parking lot in the Village, the city allow those
businesses to temporarily activate their parking lots for seating. Consider temporarily closing
State Street to vehicular traffic and converting it to a pedestrian thoroughfare for the summer.
Also allow restaurants and retailers of State Street to set up tables and seat guests on the
sidewalks and in the street.
3. Write a letter of support to the Governor of California and State Representatives for temporary
changes to ABC licenses allowing the consumption of alcoholic beverages in specific locations
outdoors.
Motion carried unanimously, 4/0.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
May 12, 2020 Carlsbad City Council Regular Meeting Page 11
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 6:54 p.m.
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Deputy City Clerk