HomeMy WebLinkAbout2020-10-20; City Council; Minutes (2)CITY COUNCIL
Minutes
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
October 20, 2020 3 p.m.
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the City Council is
serving as the Carlsbad Municipal Water District Board of Directors, Community Development
Commission, Public Financing Authority, and the Successor Agency to the Redevelopment Agency
on Consent Calendar Item No. 1.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in Recognition of Red Ribbon Week
Mayor Pro Tern Blackburn presented the proclamation to Carlsbad Unified School District Student
Service Specialist Rosemary Eshelman who accepted the proclamation on behalf of the following
students: Eva and Dane Patton of Aviara Oaks Elementary School; Dax and Gracon King of Buena
Vista Elementary School; Cash and Scarlett Servenian of Calavera Hills Elementary School; Adla
Goble and Jazzy Tran of Hope Elementary School; Josie Hoy and Ben Herrera of Jefferson
Elementary School; Connor Marshall and Jezel Bassey of Kelly Elementary School; Kate, Haley and
Mia Rudlitch of Magnolia Elementary School; Leo Dickason and Payton Olson of Pacific Rim
Elementary School; Charlotte Cousins and Jake Jones of Poinsettia Elementary School; Kate
Gonzalez and Maddie Walker of Aviara Oaks Middle School; Asha Terrell and Eva Diaz of Calavera
Hills Middle School; Hannah McCann and Josie Mitchell of Valley Middle School; Maylin Jones
and Mia Hondosho of Carlsbad High School; Karta Blong and Cedric Jone of Sage Creek High
School; Carlsbad Village Academy and Carlsbad Seaside Academy accepting by the Carlsbad
Unified School District Champions.
PUBLIC COMMENT:
The following individual called into the City Council Meeting and voiced their comment for the
record:
Mary Lucid spoke regarding issues she experienced at the Senior Center and expressed a need for
the Parks and Recreation department to be more proactive about the Senior Center.
October 20, 2020 Carlsbad City Council Regular Meeting Page 2
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL REGARDING REAL PROPERTY
Conference Regarding Real Property Negotiations (Government Code Section 54956.8)
Property: APN 203-295-01-01
Location: 2782 State Street
City Negotiators: Curtis Jackson, Real Estate Manager
Negotiating Parties: Alex Goodman, New Village Arts
If circumstances necessitate the absence of a specified designated representative, an agent or
designee may participate in the place of the absent representative so long as the name of the
agent or designee is announced at an open session held prior to the closed session.
City Attorney Celia Brewer announced no reportable action.
2. CONFERENCE WITH LEGAL COUNSEL REGARDING REAL PROPERTY
Conference Regarding Real Property Negotiations (Government Code Section 54956.8)
Property: APN 213-061-19-00
Location: 2075 Las Palmas Drive
City Negotiators: Curtis Jackson, Real Estate Manager
Negotiating Parties: Linda Kurokawa, Mira Costa Community College
If circumstances necessitate the absence of a specified designated representative, an agent or
designee may participate in the place of the absent representative so long as the name of the
agent or designee is announced at an open session held prior to the closed session.
City Attorney Celia Brewer announced no reportable action.
3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
That the City Council, by motion, authorize a closed session regarding existing litigation in
the matter of:
Chris Langer v. City of Carlsbad, Case No. 20cv11107 BEN-DEB, pursuant to Government Code
Section 54956.9(a)(d)(1).
City Attorney Celia Brewer announced that the City Council voted unanimously to accept an offer
to settle the litigation matter titled Langer v. City of Carlsbad involving ADA improvements
required in seven city parking lots. The city agreed to settle for a payment of $17,500 and an
agreement to make two of the parking lots accessible within four months and five others
accessible within three years.
October 20, 2020 Carlsbad City Council Regular Meeting Page 3
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 and 3. Motion carried unanimously, 4/0.
1. LOCAL CONFLICT OF INTEREST CODE UPDATE — 1) Adoption of Resolution No. 2020-204
amending the Local Conflict of Interest Code of the City of Carlsbad; and
2) Adoption of Carlsbad Municipal Water District Board Resolution No. 1645 amending
the Local Conflict of Interest Code of the Carlsbad Municipal Water District; and
3) Adoption of Community Development Commission Resolution No. 548 amending the
Local Conflict of Interest Code of the Community Development Commission; and
4) Adoption of Public Financing Authority Resolution No. 82 amending the Local Conflict
of Interest Code of the Public Financing Authority; and
5) Adoption of City Council as Successor Agency to the Redevelopment Agency Resolution
No. 2020-205 amending the Local Conflict of Interest Code of the City of Carlsbad. (Staff
contact: Mia DeMarzo, City Clerk Department)
This item was pulled for discussion by Council Member Schumacher.
2. UPDATE OF THE CITYWIDE RECORDS MANAGEMENT PROGRAM AND RECORDS
RETENTION SCHEDULE — Adoption of a resolution approving the update of the Citywide
Records Management Program and Records Retention Schedule. (Staff contact: Pat
Downie, Records Management)
3. APPROPRIATION OF ADDITIONAL FUNDS AND INCREASE OF CONSTRUCTION
CONTINGENCY FOR THE PALOMAR AIRPORT ROAD WIDENING PROJECT — Adoption of
Resolution No. 2020-207 authorizing appropriation of additional funds in an amount of
$136,000 from the Gas Tax Fund for the Palomar Airport Road Widening Project, CIP
Project Nos. 6043 and 6044 and increasing the Construction Contingency for the project
by $60,000. (Staff contact: Valerie Airey, Public Works)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
This item was pulled for discussion by Council Member Schumacher.
2. UPDATE OF THE CITYWIDE RECORDS MANAGEMENT PROGRAM AND RECORDS
RETENTION SCHEDULE — Adoption of Resolution No. 2020-206 approving the update of
the Citywide Records Management Program and Records Retention Schedule. (Staff
contact: Pat Downie, Records Management)
In response to an inquiry from Council Member Schumacher, Program Manager Pat
Downie explained that the change of the city's records management program would allow
staff to make minor amendments to the retention schedule with City Attorney and City
Clerk approval such as allowing for departments to provide clarification on items listed in
the records retention schedule.
October 20, 2020 Carlsbad City Council Regular Meeting Page 4
In response to an inquiry from Council Member Schumacher, City Attorney Celia Brewer
explained that the current wording in the resolution of "presented to the City Council" would
be intended as an approval, but the language could be changed to, "must be approved by the
City Council prior to taking effect".
Motion by Council Member Schumacher to approve the resolution with the language change
of "presented to the City Council" to "must be approved by the City Council prior to taking
effect". The motion failed due to lack of a second.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-206. Motion carried, 3/1 (Schumacher — No).
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION: None.
PUBLIC HEARINGS:
4. FISCAL YEAR 2018-19 GROWTH MANAGEMENT PLAN MONITORING REPORT— 1) Receive and
file the Fiscal Year 2018-19 Growth Management Plan Monitoring Report; and
2) Adoption of Resolution No. 2020-208 to determine six street facilities to be deficient
according to the Growth Management Plan's Vehicular Level of Service Standard as described
in the FY 2018-19 Growth Management Plan Monitoring Report; and
3) Accept the Traffic and Mobility Commission's recommendation to direct staff to further
analyze the identified deficient facilities — except for southbound El Camino Real from
Tamarack Avenue to Cannon Road — to determine whether there are any feasible
improvement measures that could help minimize the vehicular traffic impacts and report the
findings before the Traffic and Mobility Commission for recommendation to the City Council.
The analysis and exemption request for southbound El Camino Real from Tamarack Avenue
to Cannon Road will be presented as part of the Marja Acres private development project,
which is tentatively scheduled for City Council consideration on Nov. 3, 2020. (Staff contact:
Tom Frank, Public Works, and Corey Funk, Community Development)
City Manager's Recommendation: Take public input, close the public hearing, adopt the
resolution; receive and file the report; and accept the recommendations.
Associate Planner Corey Funk, Transportation Director Tom Frank and Traffic and Mobility
Commission Chair Mona Gocan 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 3:41 p.m.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:41
October 20, 2020 Carlsbad City Council Regular Meeting Page 5
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Celia Brewer
explained that if a segment is not operating at an appropriate service level then it would need
to be found as deficient and if there is no other action that can be taken to bring it up to
standard then it would need to be exempted under city code.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to accept the
report, adopt Resolution No. 2020-208, and accept the Traffic and Mobility Commission's
recommendations. Motion carried unanimously, 4/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
5. 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, 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).
City Council received the report.
Mayor Hall declared a recess at 4:08 p.m.
Mayor Hall reconvened the meeting at 4:13 p.m.
6. ECONOMIC AND FINANCIAL UPDATE FOR THE FIRST QUARTER OF FISCAL YEAR 2020-21 —
Receive a report on the economic and financial update for the first quarter of fiscal year 2020-
21 and provide direction as appropriate. (Staff contact: Laura Rocha, Administrative Services)
City Manager's Recommendation: Receive the report and provide direction as appropriate.
Deputy City Manager Laura Rocha, Chief Innovation Officer David Graham, and Finance
Director Kevin Branca 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, Chief Innovation Officer David
Graham explained that in the next report they can include data from North County in
comparison with the County of San Diego at large.
October 20, 2020 Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Mayor Hall, Finance Director Kevin Branca explained that the
expected budget at the end of the first quarter compared to the actual budget had a
difference of $2,921,463.
City Council received the report.
7. APPROVAL OF FISCAL YEAR 2019-20 BUDGET CARRYFORWARD REQUESTS AND
APPROPRIATION OF FUNDS TO FISCAL YEAR 2020-21 — Adoption of Resolution No. 2020-209
approving fiscal year 2019-20 budget carryforward requests and appropriation of funds to
fiscal year 2020-21. (Staff contact: Roxanne Muhlmeister, Administrative Services)
City Manager's Recommendation: Adopt the resolution.
Deputy City Manager Laura Rocha and Finance Manager Roxanne Muhlmeister presented the
report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-209. Motion carried unanimously, 4/0.
8. PRESENTATION REGARDING THE DIFFERENT OPTIONS FOR CIVILIAN OVERSIGHT OF THE
POLICE DEPARTMENT AND RECOMMENDATION TO HIRE A CONSULTANT AND SEEK
COMMUNITY INPUT ON THE BEST APPROACH FOR THE CITY OF CARLSBAD — Receive a
presentation on the different options for citizen oversight of police departments and consider
a staff recommendation to: 1) Obtain input from the community regarding law enforcement
concerns and desired aspects of police oversight; and
2) Hire an expert consultant to design a police oversight and review program that is tailored
to the needs of the City of Carlsbad. (Staff contact: Mickey Williams, Police, Allegra Frost,
City Attorney Department, and Sheila Cobian, City Manager Department)
City Manager's Recommendation: Receive the presentation and consider staff
recommendation.
Assistant Police Chief Mickey Williams, Deputy City Attorney Allegra Frost and, Burke,
Williams & Sorensen's Partner Tim Davis 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 comments for
the record:
Keyrollos Ibrahim thanked Assistant Police Chief Mickey Williams for his transparency and
being a leader in police de-escalation. He urged the City Council to make a commitment to
listening to the community and form a police task force.
October 20, 2020 Carlsbad City Council Regular Meeting Page 7
Aly Vredenburgh spoke in support of the ongoing discussions between the police and the
community and a taskforce.
Alison Vredenburgh spoke in support of a review board and the creation of the task force.
Joseph Vredenburgh spoke in support of the task force similar to the City of Oceanside and
the City of La Mesa.
Maggie Munn spoke in support of the creation of the police task force in order to maintain
transparency and trust in the police department.
Nicholas Marsden spoke in support of the creation of the police task force to oversee police
practices and review policies and procedures.
In response to an inquiry from Council Member Bhat-Patel, City Manager Scott Chadwick
explained that district-based meetings could be held virtually, and community members
could call in and facilitate the discussion. He also explained that the police department has
an open-door policy and that anyone who wants to have a discussion can expect to be heard.
In response to an inquiry from Council Member Bhat-Patel, City Manager Scott Chadwick
explained that meeting a date certain deadline can be reached for reporting back to City
Council for the formation of the police task force, but he added that because of the ongoing
COVID-19 pandemic a shift in priorities could change.
In response to an inquiry from Council Member Bhat-Patel, City Attorney Celia Brewer
explained that holding a public meeting with staff and one City Council district representative
for each meeting would be in accordance with and is not subject to the Brown Act.
City Council received the report.
Minute Motion by Council Member Bhat-Patel, seconded by Mayor Pro-Tern Blackburn, to
hold four public meetings, one with each of the four different districts and the district
representative, and bring back a report to City Council by March 2021, unless circumstances
arise to shift the timeline. Motion carried unanimously, 4/0.
COUNCIL REPORTS AND COMMENTS:
Council Member Bhat-Patel thanked the City Council and staff for their work on the previous item
and appreciate them listening to the community.
Mayor Pro Tern Blackburn commented that he has received dozens of compliments for the
openness of the police department.
CITY MANAGER COMMENTS: None.
October 20, 2020 Carlsbad City Council Regular Meeting Page 8
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 5:24 p.m.
Hector Gomez
Deputy City Clerk