HomeMy WebLinkAbout2020-10-06; City Council; MinutesCITY COUNCIL
Minutes
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Oct. 6, 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 Tem Blackburn led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Sept. 1, 2020
Minutes of the Regular Meeting held Sept. 15, 2020
Minutes of the Special Meeting held Sept. 22, 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:
Item No. 1 — No reportable action.
Item No. 2 — City Attorney Celia Brewer announced that the City Council, by unanimous vote,
authorized the initiation of litigation against Carlsbad Unified School District and/or its contractor
for unpermitted construction work at Kelly Elementary School. The district has refused to halt
construction activity when directed as required by law. Should the district cease construction
activity before the city files this action, the city may determine no additional action is needed.
Meanwhile, the City Council is requesting a meeting of the school's subcommittee to discuss this
matter.
PRESENTATIONS:
National Arts & Humanities Month Proclamation
Council Member Bhat-Patel presented the proclamation. Library & Cultural Arts Director
Suzanne Smithson accepted the proclamation, thanked the City Council and announced that the
William D. Cannon Gallery is now open for service for the first time since mid-March. She added
that there are also many virtual programs online for the month of October.
PUBLIC COMMENT:
The following individuals emailed their comments for the record and are on file with the Office
of the City Clerk:
Ben Churchill, Carlsbad Unified School District Superintendent, spoke in support of the
Memorandum of Understanding with the Carlsbad Unified School District for 2020-21 School
Resource Officer Program.
Oct. 6, 2020 Carlsbad City Council Regular Meeting Page 2
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 through 4 and 6. Motion carried unanimously, 4/0.
1. REPORT ON CITY INVESTMENTS AS OF AUG. 31, 2020 — Accept and file Report on City
Investments as of Aug. 31, 2020. (Staff contact: Craig Lindholm and Laura Rocha,
Administrative Services)
2. CALTRANS MASTER AGREEMENT AND PROGRAM SUPPLEMENT FOR THE LOCAL ROADWAY
SAFETY PLAN GRANT AWARD — 1) Adoption of Resolution No. 2020-195 authorizing execution
of the master agreement for state-funded projects, Agreement No. 00572S, with the
California Department of Transportation and authorizing the city manager or designee to
execute program supplement agreements; and
2) Adoption of Resolution No. 2020-196 authorizing execution of Program Supplement
Agreement No. V28 with the California Department of Transportation for the Local Roadway
Safety Plan Grant. (Staff contact: Nathan Schmidt and Tom Frank, Public Works)
3. ADVERTISE FOR BIDS FOR PHASE I OF THE EL CAMINO REAL AND CANNON ROAD
INTERSECTION IMPROVEMENTS CIP PROJECT NO. 6042 AND 6056 — Adoption of Resolution
No. 2020-197 approving plans and specifications, authorizing the city clerk to advertise for
bids, and approving additional funding appropriation from the Traffic Impact Fees in an
amount of $221,000 for Phase I of the El Camino Real and Cannon Road Intersection
Improvements, CIP Project No. 6042 and 6056. (Staff contact: Brandon Miles, Public Works)
4. SECOND AMENDMENT TO RETAIL LEASE AGREEMENT WITH HOUSE MARTEL, LLC — Adoption
of Resolution No. 2020-198 approving a Second Amendment to the Retail Lease Agreement
with House Martel, LLC to defer rent for up to nine months due to COVID-19 and authorizing
the city manager to execute the second amendment for the Chapters Café located within the
Carlsbad City Library at 1775 Dove Lane. (Staff contact: Curtis Jackson, Real Estate)
This item was pulled by Council Member Schumacher for discussion.
5. MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE
2020-21 SCHOOL RESOURCE OFFICER PROGRAM — Adoption of a resolution approving a
memorandum of understanding between the City of Carlsbad and Carlsbad Unified School
District for the School Resource Officer Program for the 2020-21 school year. (Staff contact:
Cindie Anderson, Police Department)
6. SIDE LETTER AGREEMENT WITH CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. — Adoption of
Resolution No. 2020-199 approving a side letter agreement with the Carlsbad Firefighters'
Association, Inc. to modify Articles 11, 12 and 38 and add an association time bank article to
the Memorandum of Understanding between the city and the Association and approving
related revisions to the Management Compensation and Benefits Plan. (Staff contact:
Debbie Porter and Judy von Kalinowski, Human Resources Department)
Oct. 6, 2020 Carlsbad City Council Regular Meeting Page 3
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
This item was pulled by Council Member Schumacher for discussion.
5. MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE
2020-21 SCHOOL RESOURCE OFFICER PROGRAM — Adoption of a resolution approving a
memorandum of understanding between the City of Carlsbad and Carlsbad Unified School
District for the School Resource Officer Program for the 2020-21 school year. (Staff contact:
Cindie Anderson, Police Department)
In response to Council Member Schumacher, Captain Magro explained that School Resource
Officers are present at all of the high schools and junior high schools, and have the ability to
assist with special needs students including diversion resources and partner with staff on
campus.
Motion by Council Member Schumacher, seconded by Mayor Pro Tem Blackburn, to return
the item to staff and direct staff to meet with Carlsbad Unified School District staff to include
specific language regarding the School Resource Officers involvement with special needs
students that is inclusive of up to what is legally allowable for School Resource Officers to
have access to the behavioral intervention plans for special needs students on an as needed
basis or as the district and staff see fit and return for City Council to review. Motion carried,
3/1 (Hall — No).
ORDINANCES FOR INTRODUCTION:
7. ORDINANCE TO ESTABLISH NO PARKING ZONES ON BOTH SIDES OF PASEO DEL NORTE AND
CAR COUNTRY DRIVE — Introduction of Ordinance No. CS-386 amending Sections 10.40.072
and 10.40.073 of the Carlsbad Municipal Code to establish no parking zones on both sides of
Paseo Del Norte and Car Country Drive from Cannon Road to the intersection of Paseo Del
Norte and Car Country Drive between the hours of midnight and 6 a.m. (Staff contact: Christie
Calderwood, Police Department)
City Manager's Recommendation: Introduce the ordinance.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-386. Motion carried unanimously, 4/0.
ORDINANCE FOR ADOPTION:
8. ORDINANCE NO. CS-385 — REPEAL AND REPLACEMENT OF CARLSBAD MUNICIPAL CODE
CHAPTER 6.16- NUISANCES —Adoption of Ordinance No. CS-385 repealing and replacing Title
6, Chapter 6.16 of the Carlsbad Municipal Code concerning public nuisances and property
maintenance. (Staff contact: Faviola Medina, City Clerk Services)
City Manager's Recommendation: Adopt Ordinance No. CS-385.
City Attorney Celia Brewer titled the ordinance.
Oct. 6, 2020 Carlsbad City Council Regular Meeting Page 4
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-385. Motion carried unanimously, 4/0.
PUBLIC HEARINGS:
Mayor Hall announced that this item was continued to Nov. 17, 2020, at the request of the project
applicant with the concurrence of the Appellant.
9. ROMERIA POINTE APARTMENTS APPEAL OF A PLANNING COMMISSION DECISION TO
APPROVE A SITE DEVELOPMENT PLAN AND STATE DENSITY BONUS ALLOWING THE
CONSTRUCTION OF A FOUR-STORY RESIDENTIAL APARTMENT PROJECT
Mayor Hall announced that this item was continued to the regular meeting of Oct. 13, 2020.
10. CARLSBAD STATION TENTATIVE TRACT MAP AND SITE DEVELOPMENT PLAN TO CONSTRUCT
A FOUR-STORY MIXED-USE PROJECT
DEPARTMENTAL AND CITY MANAGER REPORTS:
11. 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, Program Manager Holly Nelson, Fire Chief
Michael Calderwood, Chief Innovation Director David Graham, Deputy City Manager of
Administrative Services 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 Council Member Schumacher, City Manager Chadwick replied that the County
of San Diego has announced that in-person activities are not supported by the existing health
orders for Halloween events. Parks & Recreation Director Kyle Lancaster also replied that
there will be a virtual Halloween family event. He also explained that the Carlsbad Village
Merchant Association has decided not to pursue their Village Halloween event.
As part of the Economic Recovery Subcommittee, Council Member Schumacher requested
permission to forward for consideration an Electric Vehicle Rebate program to help support
local Carlsbad businesses. Mayor Hall agreed and said they would discuss the item the next
time they met.
Council Received the report.
COUNCIL REPORTS AND COMMENTS:
Council Member Bhat-Patel thanked staff for reminding everyone to get their flu shots. She
added that this week is Fire Prevention Week and the Fire Department has virtual presentations
online. She also added that this is Domestic Violence Awareness month and Breast Cancer
Awareness Month. She explained that the National Domestic Violence Hotline is shown on the
Police Department web page, and can be accessed 24 hours a day, as can the Women's Resource
Center.
Oct. 6, 2020 Carlsbad City Council Regular Meeting Page 5
CITY MANAGER COMMENTS: City Manager Chadwick reminded everyone to wear their masks,
maintain their social distances and continue to do their part to fight the spread of COVID-19.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 3:58 p.m.
Tamara R. McMinn, CPMC, CMC
Senior Deputy City Clerk