HomeMy WebLinkAbout2020-09-01; City Council; Minutes (2)CITY COUNCIL
Minutes
Sept. 1, 2020 3 p.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, 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:
Minutes of the Regular Meeting held July 28, 2020
Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the
minutes as presented. Motion carried unanimously, 4/0.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: No reportable action.
PRESENTATIONS:
2019 Citizens of the Year Recognition.
Mayor Hall introduced the video recognizing Tina Schmidt and Dan Whisnant.
PUBLIC COMMENT:
The following individuals emailed their comments for the record and are on file with the Office
of the City Clerk: Mark O'Donnell and Teri Jacobs.
The following individual called into the City Council meeting and voiced their comment for the
record:
Leonardo DiMedio spoke regarding his concern with COVID-19 related residential eviction
protectionS.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 and 2. Motion carried unanimously, 4/0.
1. REPORT ON CITY INVESTMENTS AS OF JULY 31, 2020 — Accept and file report on city
investments as of July 31, 2020. (Staff contact: Craig Lindholm and Laura Rocha,
Administrative Services)
September 1, 2020 Carlsbad City Council Regular Meeting Page 2
2. RESCIND CITY COUNCIL POLICIES 6, 7, 32 AND 34 — Adoption of Resolution No. 2020-179
resolution rescinding City Council Policies 6, 7, 32 and 34. (Staff contact: Sheila Cobian, City
Manager's Department).
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION:
3. ORDINANCE NO. CS-380 WAIVER OF ADJUSTMENTS TO CITY COUNCIL COMPENSATION FOR
2019 AND 2020 — Adoption of Ordinance No. CS-380 permanently waiving City Council
compensation adjustments for 2019 and 2020. (Staff contact: Faviola Medina, City Clerk's
Office)
City Manager's Recommendation: Adopt the ordinance.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-380. Motion carried unanimously, 4/0.
PUBLIC HEARINGS:
4. CTBID ASSESSMENT MODIFICATION PUBLIC HEARING AND ADOPTION OF ORDINANCE NO.
CS-381 — 1) Adoption of Resolution No. 2020-180 confirming the modified annual report of
the Carlsbad Tourism Business Improvement District (CTBID) and levying the modified
assessments for fiscal year 2020-21 beginning Nov. 1, 2020; and
2) Adoption of Ordinance No. CS-381 amending Carlsbad Municipal Code Section 3.37.050
to modify the assessment for the Carlsbad Tourism Business Improvement District. (Staff
Contact: Cheryl Gerhardt, Administrative Services Department)
City Manager's Recommendation: Take public input, close the public hearing, adopt the
resolution and ordinance.
Finance Manager Cheryl Gerhardt presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 3:24 p.m.
City Clerk Barbara Engleson reported that five protest letters were received, totaling
approximately $56,000 of the proposed modified district assessment rate and less than the
50% required to prevent modification.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:25
September 1, 2020 Carlsbad City Council Regular Meeting Page 3
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-180 and Ordinance No. CS-381. Motion carried unanimously, 4/0.
5. UPDATE TO THE CITY'S DENSITY BONUS REGULATIONS TO REFLECT CHANGES IN STATE LAW
Introduction of Ordinance No. CS-382 adopting a Zone Code amendment and a Local Coastal
Program amendment to update the city's density bonus regulations to reflect changes in
state law (Case Name: Density Bonus Amendments 2020; Case No.: ZCA 2020-0001/LCPA
2020-0005). (Staff contact: Corey Funk, Community Development)
City Manager's Recommendation: Take public input, close the public hearing and introduce
the ordinance.
Community Development Director Jeff Murphy presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 3:32 p.m.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:32
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-382. Motion carried unanimously, 4/0.
6. UPDATE TO THE CITY'S DEVELOPMENT REGULATIONS TO ENSURE CONSISTENCY WITH STATE
LAW ON ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
Introduction of Ordinance No. CS-383 adopting amendments to the Carlsbad Municipal Code
Chapter 5.60 (Short-Term Vacation Rentals) to ensure consistency with state law related to
accessory dwelling units and junior accessory dwelling units (Case Name: Accessory Dwelling
Unit Amendments 2020; Case No.: MCA 2020-0001);
2) Introduction of Ordinance No. CS-384 adopting amendments to Title 21 of the Carlsbad
Municipal Code (Zone Code), Village and Barrio Master Plan and Local Coastal Program to
ensure consistency with state law related to accessory dwelling units and junior accessory
dwelling units (Case Name: Accessory Dwelling Unit Amendments 2020; Case No.: ZCA 2020-
0002/AMEND 2020-0005/LCPA 2020-0006). (Staff contact: Corey Funk, Community
Development)
City Manager's Recommendation: Take public input, close the public hearing and introduce
the ordinances.
September 1, 2020 Carlsbad City Council Regular Meeting Page 4
City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file
in the Office of the City Clerk).
Mayor Hall opened the duly noticed Public Hearing at 3:46 p.m.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:46
p.m.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-383. Motion carried unanimously, 4/0.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-384. Motion carried unanimously, 4/0.
PUBLIC COMMENT CONTINUED:
The following individual called into the City Council meeting and voiced their comment for the
record:
Vicky Syage expressed her concern with a video regarding San Diego Republican leader Tony
Krvaric and requested Mayor Hall and Mayor Pro Tern Blackburn publicly denounce Mr. Krvaric's
actions and request that he resign immediately.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. 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.
Assistant Director of Emergency Services David Harrison, Deputy City Manager of
Community Services Gary Barberio, Police Chief Neil Gallucci, Senior Program Manager Holly
Nelson, Fire Chief Michael Calderwood, Chief Innovation Officer David Graham, Deputy City
Manager of Administrative Services Laura Rocha, and City Manager Scott Chadwick
presented the report.
In response to an inquiry from Council Member Schumacher, Police Chief Gallucci explained
that there have been active efforts to decrease the rise in burglaries in District No. 1.
September 1, 2020 Carlsbad City Council Regular Meeting Page 5
The following individuals called into the City Council meeting and voiced their comments for
the record:
Leonardo DiMedio expressed his concern and requested the City Council approve a no-fault
residential eviction moratorium.
Josiah Haas expressed his concern and requested the City of Carlsbad reopen their basketball
courts.
In response to an inquiry from Council Member Schumacher, City Attorney Celia Brewer
explained that the discussion of the commercial eviction moratorium is scheduled for the
September 15, 2020 City Council meeting.
Council received the report.
RECESS:
Mayor Hall declared a recess at 4:30 p.m.
Mayor Hall reconvened the meeting at 4:38 p.m.
8. TEMPORARILY SUSPEND COLLECTION OF FEES TO MITIGATE ECONOMIC EFFECTS OF COVID-
19 PANDEMIC — Adoption of Resolution No. 2020-181 empowering the director of
emergency services to temporarily suspend the collection of fees for sidewalk café, outdoor
display, and curb café permits. (Staff contact: David Graham, Administrative Services)
City Manager's Recommendation: Receive the report and adopt the resolution.
Chief Innovation Officer David Graham presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
The following individual called into the City Council meeting and voiced their comment for
the record:
Christine Davis, representing the Carlsbad Village Association, spoke in support of the
resolution.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-181. Motion carried unanimously, 4/0.
9. SPONSORSHIP OF THE GIFT CARLSBAD SHOP LOCAL PROGRAM — Adoption of Resolution No.
2020-182 appropriating funding to the Carlsbad Chamber of Commerce to sponsor the Gift
Carlsbad Shop Local Program. (Staff contact: David Graham, Administrative Services)
City Manager's Recommendation: Receive the report and adopt the resolution.
September 1, 2020 Carlsbad City Council Regular Meeting Page 6
Chief Innovation Officer David Graham presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
The following individual called into the City Council meeting and voiced their comment for
the record:
Christine Davis, representing the Carlsbad Village Association, spoke in support of the
resolution.
In response to an inquiry from Council Member Schumacher, Chief Innovation Officer
Graham explained how sponsors will benefit from the program and how excess funds
received may be distributed to a non-profit organization.
In response to an inquiry from Council Member Schumacher, City Attorney Brewer explained
the city would not receive a benefit from the donation because the city is also a tax-exempt
organization.
In response to an inquiry from Mayor Pro Tern Blackburn, Chief Innovation Officer Graham
explained that customers can theoretically purchase and use a card while in a store as they
are able to apply for the card digitally from anywhere, and depending on how quickly the
transaction can be executed, can use it right away.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-182. Motion carried unanimously, 4/0.
10. DISCUSSION TO INITIATE REVIEW OF CARLSBAD POLICE POLICIES & PROCESSES, INCLUDING
USE OF FORCE AND DE-ESCALATION POLICIES — Consider a request from City Council
Member Schumacher to review the following:
1) The administrative reorganization that placed the Homeless Response Plan under the
Police Department;
2) Carlsbad Municipal Code Section 2.04.060.13 and 2.06.090.B, which allow a City Council
Member or the Mayor to serve, without compensation, as a voluntary police officer;
3) City of Carlsbad use of force policy; and
4) City of Carlsbad de-escalation policy. (Staff contact: Sheila Cobian, City Manager's
Department)
City Manager's Recommendation: Receive the report.
Council Member Schumacher presented the report.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
September 1, 2020 Carlsbad City Council Regular Meeting Page 7
Marvin Sip pel urged the Carlsbad Police to continue to implement the recommendations
from Campaign Zero such as; policy revision, renegotiation and transparency; a civilian
review board; timely reviews; and staff training.
Madison Shockley spoke regarding his concerns with police brutality across the nation and
requested the Carlsbad Police Department's de-escalation policy be reviewed before an issue
rises in Carlsbad.
Diana Aguirre expressed her support of an oversight committee and a review of the Carlsbad
Police Department's use of force and de-escalation policies.
Nikki Faddick requested further review of the Carlsbad Police Departments de-escalation
policies and further data and transparency regarding police training hours and content
reviewed, stops and arrests numbers and the racial makeup of Carlsbad arrests. She also
requested a reformed policy for police calls involving the mentally ill and homeless, reviews
on the use of school resource officers, and the establishment of a civilian review board.
Cindy Millican requested further review of the Carlsbad Police Departments de-escalation
policies and spoke regarding her concern with the privatizations of Lexipol's law enforcement
policies.
Nicholas Marsden expressed his concern and requested a review of the Carlsbad Police
Departments use of force and de-escalation policies and requested that police officers be
offered mental health services.
In response to an inquiry from Mayor Hall, City Attorney Celia Brewer explained that some
police policies can be highly technical and if a change was requested to a policy it would
require employment of an expert, lawyers to ensure that it is compliant, and would need to
be brought to police association bargaining tables to be laterally implemented.
In response to an inquiry from Mayor Pro Tern Blackburn, Police Chief Neil Gallucci explained
that having regular discussions between the community and the Police Department
regarding policies and procedures can be very healthy. He further added that the City of
Oceanside currently has a Police and Fire Commission that meets quarterly to discuss policy
matters.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to initiate a review of the following items:
1) The administrative reorganization that placed the Homeless Response Plan under the
Police Department;
2) Carlsbad Municipal Code Section 2.04.060.B and 2.06.090.B, which allows a City Council
Member or the Mayor to serve, without compensation, as a voluntary police officer;
3) City of Carlsbad use of force policy; and
4) City of Carlsbad de-escalation policy
September 1, 2020 Carlsbad City Council Regular Meeting Page 8
and that this review be incorporated into the Legislative subcommittee. Motion failed, 2/2
(Blackburn, Hall — No).
Council received the report.
11. DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR LEAGUE OF CALIFORNIA CITIES
CONFERENCE — Adoption of Resolution No. 2020-183 designating a voting delegate and
alternates for the League of California Cities Annual Conference to be held virtually on Oct.
7-9, 2020. (Staff contact: Faviola Medina, City Clerk's Office)
City Manager's Recommendation: Adopt the resolution.
Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn adopting Resolution No.
2020-183 and, appointing Council Member Bhat-Patel as the Primary voting delegate and
Council Member Schumacher as the Alternate voting delegate to the League of California
Cities Annual Conference. Motion carried unanimously, 4/0.
COUNCIL REPORTS AND COMMENTS:
Minute Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to bring back a
presentation from the water authority at a future meeting. Motion carried, 3/1 (Schumacher —
No).
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT:
Mayor Hall adjourned the duly noticed Meeting at 6:25 p.m.
PPV
Mia De Marzo
Deputy City Clerk