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HomeMy WebLinkAbout2020-12-08; City Council; MinutesCITY COUNCIL Minutes Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 December 8, 2020 3 p.m. 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 Nov. 3, 2020 Minutes of the Special Meeting held Nov. 17, 2020 Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes as presented. Motion carried unanimously, 4/0. APPROVAL OF ELECTION RESULTS: 1. DECLARING THE RESULTS OF THE NOV. 3, 2020, GENERAL MUNICIPAL ELECTION — Adoption of Resolution No. 2020-225 reciting the facts of the General Municipal Election held on Nov. 3, 2020, declaring the results and such other matters as provided by law. (Staff contact: Faviola Medina, City Clerk Department) City Clerk Barbara Engleson reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individuals called into the City Council Meeting and voiced their comments for the record: Kai Catapang spoke to congratulate Council Member Acosta on her election to the City Council. Lela Panagides spoke to congratulate Mayor Pro Tern Blackburn and Council Member Acosta on their elections to the City Council. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-225. Motion carried unanimously, 4/0. PRESENTATIONS: Oath of Office Ceremony December 8, 2020 Carlsbad City Council Regular Meeting Page 2 City Clerk Barbara Engleson administered the Oath of Office to Mayor Pro Tern Blackburn and Council Member Acosta. Council Member Acosta said a few words and thanked her constituents. Mayor Pro Tern Blackburn said a few words and thanked his constituents. PUBLIC COMMENT: The following individuals called into the City Council Meeting and voiced their comments for the record: John Biethan spoke to congratulate Council Member Acosta on her election to the City Council and expressed how the city would now benefit from having representation in District 4. Virginia Rodriguez spoke to congratulate Council Member Acosta on her election to the City Council. Kayla Lutes spoke to congratulate Council Member Acosta on her election to the City Council. Christine Davis spoke to thank City Manager Scott Chadwick, the City Council and city staff for their work to help small businesses and organizations such as the Carlsbad Village Business Association and the Carlsbad Chamber of Commerce through the COVID-19 pandemic. Megan Barajas spoke to congratulate Council Member Acosta on her election to the City Council. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: Item No. 6 was pulled for discussion by Council Member Schumacher. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 2 through 5 and 7 through 9. Motion carried unanimously, 5/0. 2.RECEIVE AND FILE BOARDS, COMMISSIONS AND COMMITTEES 2021 LOCAL APPOINTMENTS LIST Receive and file boards, commissions and committees Local Appointment List for 2021. (Staff contact: Faviola Medina, City Clerk Department) 3.AUTHORIZATION OF RIGHT OF ENTRY PERMIT WITH STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION TO PROVIDE ACCESS ONTO CARLSBAD STATE BEACH FOR STORM DRAIN MAINTENANCE ACTIVITIES — Adoption of Resolution No. 2020-226 authorizing a right of entry permit with the California Department of Parks and Recreation to provide equipment and personnel access onto Carlsbad State Beach for city storm drain maintenance activities as part of the Storm Drain Outfall Replacement Program, CIP Project No. 6624. (Staff contact: Daniel Zimny, Public Works) December 8, 2020 Carlsbad City Council Regular Meeting Page 3 4.AGREEMENT WITH LMUU, INC. DBA SPARKLE FRESHNESS FOR AS-NEEDED DISINFECTING SERVICES Adoption of Resolution No. 2020-227 approving an agreement with LMUU, Inc., a California Corporation, DBA Sparkle Freshness, for as-needed disinfecting services for city facilities in response to the COVID-19 pandemic in an amount not to exceed $310,758 for an initial one-year tern-i. (Staff contact: Shawn Gaskari and Barney Dresman, Public Works) 5.MAKE ADJUSTMENTS FOR CERTAIN PART-TIME JOB CLASSIFICATIONS TO COMPLY WITH CALIFORNIA'S NEW MINIMUM WAGE — Adoption of Resolution No. 2020-228 approving revisions to the City of Carlsbad Part-Time Salary Schedule and authorizing adjustments effective Jan. 1, 2021 for part-time employees who are below the new minimum wage. (Staff contact: Judy von Kalinowski and Silvano Rodriguez, Human Resources) This item was pulled for discussion by Council Member Schumacher. 6.ADVERTISE FOR BIDS FOR THE CITY FACILITY SAFETY AND PARKING LOT LIGHTING PROJECT AT THREE COMMUNITY PARKS, CIP NO. 6074 — Adoption of a resolution approving the contract documents, plans and specifications for the City Facility Safety and Parking Lot Lighting Project, CIP No. 6074, at Calavera Hills, Poinsettia and Stagecoach Community Parks and authorizing the city clerk to advertise the project for public bids. (Staff contact: Tim Selke, Parks & Recreation) 7.AWARD OF CONTRACT TO LAND FORMS LANDSCAPE FOR CALAVERA HILLS COMMUNITY PARK GATEWAY IMPROVEMENTS PROJECT, CIP NO. 4601 —Adoption of Resolution No. 2020- 230 awarding a construction contract to Land Forms Landscape Construction for the Calavera Hills Community Park Gateway Improvements Project, CIP No. 4601, in an amount not to exceed $926,790 and appropriating $249,500 in additional funds from the General Capital Construction Fund. (Staff contact: Tim Selke, Parks & Recreation) 8.APPROPRIATE FUNDS THROUGH THE FISCAL YEAR 2020 OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM — Adoption of Resolution No. 2020-231 authorizing the city manager to accept the fiscal year 2020 Office of Traffic Safety Selective Traffic Enforcement Program and authorizing the deputy city manager of Administrative Services to appropriate the funds for Selective Traffic Enforcement Program expenses in the amount of $108,000. (Staff contact: Cindy Anderson, Police Department) 9.FISCAL YEAR 2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT — Adoption of Resolution No. 2020-232 authorizing the city manager to accept the FY 2020 Edward Byrne Memorial Justice Assistance Grant funds and authorizing the deputy city manager of Administrative Services or his/her designee to appropriate $15,002 to the Public Safety Grants Special Revenue Fund. (Staff contact: Cindy Anderson, Police Department) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: This item was pulled for discussion by Council Member Schumacher. 6. ADVERTISE FOR BIDS FOR THE CITY FACILITY SAFETY AND PARKING LOT LIGHTING PROJECT AT THREE COMMUNITY PARKS, CIP NO. 6074 — Adoption of Resolution No. 2020-229 December 8, 2020 Carlsbad City Council Regular Meeting Page 4 approving the contract documents, plans and specifications for the City Facility Safety and Parking Lot Lighting Project, CIP No. 6074, at Calavera Hills, Poinsettia and Stagecoach Community Parks and authorizing the city clerk to advertise the project for public bids. (Staff contact: Tim SeIke, Parks & Recreation) Council Member Schumacher commented that city projects that include public safety and lighting should involve representations from each district. She further commented that going forward she would like equal consideration given to all districts. Motion by Council Member Schumacher, seconded by Mayor Pro Tem Blackburn, to adopt Resolution No. 2020-229. Motion carried unanimously, 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: None. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. 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 Gary Barberio, Police Chief Neil Gallucci, Senior Program Manager Holly Nelson, Fire Department Chief Michael Calderwood, Chief Innovation Officer David Graham, Deputy City Manager Laura Rocha, and City Manager Scott Chadwick presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Schumacher, Senior Program Manager Holly Nelson explained that the vouchers applied for are for permanent housing resources or Section 8 vouchers from the Department of Housing and Urban Development (HUD). She further explained that beneficiaries would be able to use the vouchers in the City of Carlsbad and that it would be a subsidy and not a short-term voucher. She added that the County of San Diego does have a hotel placement program for homeless that are at risk or exposed to COVID-19. In response to an inquiry from Council Member Schumacher, Senior Program Manager Nelson explained that the City of Carlsbad does not currently have a hotel voucher program but the Homeless Outreach Team (HOT) does help the homeless with housing resources. December 8, 2020 Carlsbad City Council Regular Meeting Page 5 Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, requesting staff to bring back a Carlsbad hotel voucher program for homeless in the City of Carlsbad for a future discussion. Motion Carried, 4/1 (Hall — No). The following individual called into the City Council Meeting and voiced their comment for the record: Pierre Cochet-Weinandt spoke about the recent stay at home orders by the State of California and the issues regarding the containment of the COVID-19 pandemic. City Council received the report. 11.APPROVAL OF COUNCIL POLICY NO. 90 - ADMINISTRATION OF THE CARLSBAD HOUSING TRUST FUND (ALL DISTRICTS) — Adoption of Resolution No. 2020-233 approving City Council Policy No. 90 — Administration of the Carlsbad Housing Trust Fund. (Staff contact: Jeff Murphy, Community Development) City Manager's Recommendation: Adopt the resolution. Community Development Director Jeff Murphy presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member Schumacher requested a change in language for the Council Policy under Section 1. — Use of the Funds, Point H. She suggested to strike the wording of "As a general guide" and change "should" to "shall". Motion by Council Member Schumacher, seconded by Mayor Pro Tem Blackburn, to adopt Resolution No. 2020-233 as amended. Motion carried unanimously, 5/0. 12.AMENDMENTS TO COUNCIL POLICY NO. 73 — CITY OPTIONS TO PURCHASE RESALE AFFORDABLE HOUSING AND APPROVE NEW AFFORDABLE HOUSING RESALE PROGRAM GUIDELINES — Adoption of Resolution No. 2020-234 approving amendments to City Council Policy No. 73 regarding the city option to purchase resale affordable housing and approving affordable housing resale program guidelines. (Staff contact: David de Cordova, Community Development) City Manager's Recommendation: Adopt the resolution. Housing Services Manager David de Cordova 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: December 8, 2020 Carlsbad City Council Regular Meeting Page 6 Lyssa Qualls spoke in support of the program and advocated for low income housing. She also gave some future suggestions for funding of housing programs. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-234. Motion carried unanimously, 5/0. Mayor Hall declared a recess at 4:43 p.m. Mayor Hall reconvened the meeting at 4:48 p.m. 13. HOTEL EMPLOYEE RECALL RIGHTS ORDINANCE — 1) Introduce an urgency ordinance amending Carlsbad Municipal Code Title 5, with the addition of Chapter 5.70, Hotel Employee Recall Rights; 2) Introduce an ordinance amending Carlsbad Municipal Code Title 5, with the addition of Chapter 5.70, Hotel Employee Recall Rights. (Staff contact: Cindie McMahon, City Attorney) City Manager's Recommendation: Introduce the ordinances. City Attorney Celia Brewer explained some procedural issues regarding the item. She explained that an urgency ordinance has two requirements to become effective. She explained that it requires that the City Council make the urgency findings that were set forth in the ordinance and it also requires a 4/5 vote of the City Council to pass. She further explained that in the event that an urgency ordinance findings are challenged, staff recommends adopting a traditional ordinance. She added that because an emergency ordinance becomes effective immediately upon adoption, the traditional ordinance would be introduced, adopted and become effective 30 days later. She further added that if the City Council cannot make the urgency findings, they should only adopt the traditional ordinance and not the urgency ordinance as the traditional ordinance only requires the majority of the City Council vote and would thus require the introduction, the adoption, and become effective 30 days after. Assistant City Attorney Cindie McMahon presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individuals called into the City Council Meeting and voiced their support for the item: Yusef Miller; Ian Seruelo; Cristina Diaz; Aleena Jun Nawabi; Erin Tsurumoto Grassi; and Lollie McIntire. The following individual called into the City Council Meeting and voiced their opposition to the item: Bret Schanzenbach. December 8, 2020 Carlsbad City Council Regular Meeting Page 7 Mayor Pro Tern Blackburn requested a change in language to the Ordinance for the following: 1.Under Section 5.70.020 - Definitions: Strike the word "two" and replace with "ten". 2.Under Section 5.70.030 - Right of Recall, Item C: Strike the number "10" and replace with 1/511 . Council Member Bhat-Patel requested a change in language to the Ordinance for the following: 1.Under Section 5.70.070 - Exemption for collective bargaining agreement: Strike the language "A collective bargaining agreement in place on the effective date of this chapter that contains a right of recall provision supersedes the provisions of this chapter. When the collective bargaining agreement expires or its terms are otherwise open for renegotiation or amendment" 2.Under Section 5.70.040 - Notification of Rights: Add language "laid off employees must be provided written notice by the employer of non-selection within 30 days of the date of hire documenting the reasons for the decision" Mayor Hall declared a recess at 5:50 p.m. Mayor Hall reconvened the meeting at 5:55 p.m. City Attorney Celia Brewer titled the urgency ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt urgency Ordinance No. 387 as amended. Motion carried, 4/1 (Hall — No). City Attorney Celia Brewer titled the ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt urgency Ordinance No. 388 as amended. Motion carried, 4/1 (Hall — No). COUNCIL REPORTS AND COMMENTS: Mayor Hall and the City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. December 8, 2020 Carlsbad City Council Regular Meeting Page 8 ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 6:27 p.m. Hector Gomez Deputy City Clerk