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HomeMy WebLinkAbout2020-06-09; City Council; MinutesCITY COUNCIL Minutes Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 June 9, 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. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced the City Council authorized a settlement amount of $32,826 to resolve the dispute with Ran Enterprises. Motion carried unanimously, 4/0. INVOCATION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held April 21, 2020. Minutes of the Special Meeting held May 1, 2020. Minutes of the Special Meeting held May 12, 2020. Minutes of the Regular Meeting held May 19, 2020. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes as presented. Motion carried unanimously, 4/0. PRESENTATIONS: Proclamation in recognition of National Historic Preservation Month and 3rd Grade Art Competition Winners. Council Member Bhat-Patel read the proclamation. Proclamation in recognition of LGBTQ+ Pride Month. Council Member Schumacher read the proclamation and shared about issues faced by and within the LGBTQ+ community. PUBLIC COMMENT: The following individuals called into the City Council Meeting and shared their comments for the record: Shirley Anderson thanked to Council Member Bhat-Patel and expressed her concern with Mayor Pro Tern Blackburn's comments and vote against the city's statement in support of black lives at the June 4, 2020 City Council meeting. June 9, 2020 Carlsbad City Council Regular Meeting Page 2 Beth Ford spoke requesting an apology from Council Member Schumacher to the community organizers of the Stand for George Floyd Protest due to her inaccurate and divisive social media posts. She also gave thanks to Mayor Hall and Police Department staff for their efforts during the event. Keyrollos Ibrahim spoke requesting an apology from Council Member Schumacher for putting protest demonstrators' lives in danger due to her social media posts. He also gave thanks to Mayor Hall, Council Member Bhat-Patel, and Police Department staff for their efforts regarding the protesting event and for keeping open dialogue despite their differing beliefs. Nicholas Marsden thanked Council Member Bhat-Patel for her strong stance in asserting support for the Black Lives Matter movement and shared information about the issue. Brian Pratschner spoke regarding his concern about permitting requirements for the recent protests that occurred in Carlsbad. CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1 through 5. Motion carried unanimously, 4/0. 1. LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC — Adoption of Resolution No. 2020-099 authorizing the city manager to execute and take all actions necessary to implement a license agreement between New Cingular Wireless PCS, LLC to operate a new wireless communication facility at Calavera Hills Community Park (APN: 167-101-35) (Staff contact: Curtis Jackson, Real Estate) 2. PURCHASE OF ANNUAL CISCO SMARTNET MAINTENANCE FROM LOGICALIS, INC. — Adoption of Resolution No. 2020-100 authorizing the city manager, or a designee, to purchase a Cisco SmartNet Maintenance Plan from Logicalis, Inc., for an amount not to exceed $133,647.18 for a term ending June 30, 2021. (Staff contact: Maria Callander, Administrative Services) 3. ESTABLISH FISCAL YEAR 2020-21 SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1 — Adoption of Resolution No. 2020-101 establishing the Fiscal Year 2020-21 Special Taxes for Community Facilities District No. 1. (Staff contact: Ryan Green, Administrative Services) 4. FISCAL YEAR 2020-21 PRELIMINARY ENGINEER'S REPORT FOR LEVY OF ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING DISTRICT NO. 1 — Adoption of Resolution No. 2020-102 initiating the proceedings, approving the Preliminary Engineer's Report for Fiscal Year 2020- 21 and setting a Public Hearing for July 14, 2020 for the Annual Levy of Assessments within Lighting and Landscaping District No. 1, a Special Assessment District. (Staff contact: Jason Rosado, Administrative Services) 5. FISCAL YEAR 2020-21 PRELIMINARY ENGINEER'S REPORT FOR LEVY OF ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING DISTRICT NO. 2 — Adoption of Resolution No. 2020-103 initiating the proceedings, approving the Preliminary Engineer's Report for Fiscal Year 2020- June 9, 2020 Carlsbad City Council Regular Meeting Page 3 21 and setting a Public Hearing for July 14, 2020 for the Annual Levy of Assessments within Lighting and Landscaping District No. 2, a Special Assessment District. (Staff contact: Jason Rosado, Administrative Services) ORDINANCES FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: 6. AMENDMENTS TO CARLSBAD MUNICIPAL CODE CHAPTER 1.08, PENALTIES, AND CHAPTER 1.10, ADMINISTRATIVE CODE ENFORCEMENT REMEDIES — Adoption of Ordinance No. CS-374 amending Title 1, Chapter 1.08, Penalties of the Carlsbad Municipal Code; and Adoption of Ordinance No. CS-375 amending Title 1, Chapter 1.10, Administrative Code Enforcement Remedies of the Carlsbad Municipal Code. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance Nos. CS-374 and CS-375. City Attorney Celia Brewer titled the ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-374. Motion carried unanimously, 4/0. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-375. Motion carried unanimously, 4/0. PUBLIC HEARINGS: None. 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, Deputy City Manager of Public Works Paz Gomez, Police Chief Neil Gallucci, Senior Program Manager Holly Nelson, Fire Chief Michael Calderwood, Chief Innovation Officer David Graham, Communications Director Kristina Ray, and Deputy City Manager of Administrative Services Laura Rocha presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). David Rogers commented on his concern regarding short-term vacation rentals and hotels opening to nonessential workers as well as those individuals not adhering to the health order's mandate to wear masks. June 9, 2020 Carlsbad City Council Regular Meeting Page 4 In response to an inquiry from Council Member Schumacher, Deputy City Manager of Community Services Gary Barberio explained Parks & Recreation Department staff are working to reopen city pools to the public as close to June 12, 2020 as possible and will confirm a date as soon as possible. In response to David Rogers comment, City Manager Scott Chadwick explained the actions city staff took to ensure businesses complied with the County of San Diego Health Order. RECESS: Mayor Hall declared a recess at 4:02 p.m. Mayor Hall reconvened the meeting at 4:09 p.m. 8. DETERMINATION OF FOUR DEFICIENT STREET FACILITIES — Adoption of Resolution No. 2020- 104 determining deficiencies of four street facilities according to the Growth Management Plan Vehicular Level of Service Standard Based upon the FY 2017-2018 Annual Monitoring Report; and Adoption of Resolution No. 2020-105 exempting street facilities from the Growth Management Plan Vehicular Level of Service Standard, pursuant to Mobility 3-P.9, thereby refocusing planning efforts at these street facilities to transportation demand management strategies to reduce overall trip generation, and adoption of CEQA findings; and, Adoption of Resolution No. 2020-106 expediting CIP Project No. 6094 (widening northbound El Camino Real from Sunny Creek Road to Jackspar Drive, and adoption of CEQA findings. (Staff contact: Paz Gomez, Public Works) City Manager's Recommendation: Adopt the resolutions. Deputy City Manager of Public Works Paz Gomez and Deputy City Manager of Community Services Gary Barberio presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Steve Linke spoke regarding his recommendations and concerns with exemptions jeopardizing timely progress and funding of the College Boulevard extension as well as being unnecessary and inconsistent with the Growth Management Plan. In response to an inquiry from Council Member Schumacher, Deputy City Manager Gomez explained the criteria for the Mobility Element Policy used to recommend facilities for exemption. In response to an inquiry from Mayor Hall, City Attorney Celia Brewer explained there are different forms of public financing being explored pursuant to City Council's direction. She also stated the best legal strategy is to exempt those segments of road while they still qualify until the city is able to build the roads. June 9, 2020 Carlsbad City Council Regular Meeting Page 5 Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-104. Motion carried unanimously, 4/0. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-105. Motion carried, 3/1 (Schumacher – No). Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-106. Motion carried unanimously, 4/0. In response to an inquiry from Council Member Schumacher, Deputy City Manager Rocha explained a preliminary cost estimate and engineer’s report must be conducted prior to determining which financing options are available. Council Member Schumacher explained the reason she voted no on Resolution No. 2020-105: The reason I voted no has to do with accountability. There are four different types of accountability that organizations like ours take. They are either external or they’re internal and my opinion about internal accountability on this particular grouping of items has been frustrating and so I would like for there to be certain actions taken in order to move us forward. Without getting too deep into it, I’m not comfortable with the ethics of the decision for item number two. 9. FISCAL YEAR 2020-21 INTERNAL AUDIT PLAN AND UPDATE ON AUDIT ACTIVITIES – Receive a report on the results of internal audit activities and annual audit plan for fiscal year 2019-20 and adoption of Resolution No. 2020-107 approving the Internal Audit Plan for Fiscal Year 2020-21. (Staff contact: Brigid Okyere and Laura Rocha, Administrative Services) City Manager’s Recommendation: Receive the report and adopt the resolution. Deputy City Manager of Administrative Services Laura Rocha and Senior Accountant Brigid Okyere 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. 2020-107. Motion carried unanimously, 4/0. 10. SUSTAINABLE MATERIALS MANAGEMENT UPDATE ON SOLID WASTE FRANCHISE AGREEMENTS FOR COLLECTION, PROCESSING AND DISPOSAL SERVICES – Receive an informational report on the city’s franchise agreements related to recycling, organics and solid waste collection, organic materials processing service and transfer and disposal of solid waste material generated within the city. (Staff contact: James Wood, Public Works) City Manager’s Recommendation: Receive the report. Environmental Manager James Wood and President of HF&H Consultants Rob Hilton presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). June 9, 2020 Carlsbad City Council Regular Meeting Page 6 City Manager Scott Chadwick presented and reviewed an Additional Materials Memo that showed fiscal year 2020-21 proposed solid waste rates for North County cities. Lori Summers, representing Coast Waste Management, spoke regarding her request to direct staff to meet with Coast Waste Management to negotiate in good faith a new recycling, organics, and solid waste franchise agreement. In response to an inquiry from Mayor Pro Tern Blackburn, Manager Wood explained it is not legally required to request bids for the project and that while the city could negotiate with Coast Waste Management, however it is not currently known if the company can perform all of the requirements listed in the staff report. President Hilton added that the schedule could be impacted if contract negotiations were initiated with Coast Waste Management. City Manager Chadwick added that Coast Waste Management is eligible to participate in the procurement process and that the process addresses the changes in law and allows everyone to adequately compete. In response to an inquiry from Mayor Hall, Manager Wood explained how quality of service will be ensured during the procurement process and selection. He also explained the different types of household waste. Mayor Pro Tem Blackburn requested staff to present timely options to City Council in the future regarding contract negotiations and procurement. COUNCIL REPORTS AND COMMENTS: Council Member Schumacher clarified her comment regarding Item No. 8: When I referenced the ethics piece of my decision, it had to do with my ethical conflict; meaning that new staff, new administration, and new city manager are grappling, in my opinion, with some decisions from past administrations and past decisions that are really tough. And the organization, our city government, has a self-preservation component to it that is very much appreciated. But there are certain times when, for me as a decision maker, and I'm tasked as a representative of the people of Carlsbad, to be the citizen oversight on our local government, there are certain times that for me, and what I believe I've been elected to do, is focus on systemic accountability and structural change when its necessary. I just wanted to be clear it not something that's inherent to the decision itself, but it's just where I live when it comes to accountability on decisions that end up coming up from the past that need to be grappled with. I just wanted to make clear, there is no one in the organization at this point bringing something forward that I would consider to be unethical. It's when it comes to my decision making and the ethics that I hold highest, it's sort of a hierarchy of values, and for me, accountability is highest, especially on this particular piece. I just wanted to make that clear. I appreciate all of the work staff is doing, which is a tremendous amount right now. I'm really looking forward to continuing to parcel these really tough questions. So thank you very much. I appreciate today's conversation. June 9, 2020 Carlsbad City Council Regular Meeting Page 7 Mayor Hall thanked staff, protestors who helped ensure safety, and Christine Davis and the merchants in the city for coming together regarding the recent protests. PUBLIC COMMENTS CONTINUED: City Clerk Barbara Engleson explained a public comment speaker request was received late and that a vote would need to be taken in order to hear the speaker. Motion carried unanimously, 4/0. Jan Neff-Sinclair spoke regarding her concern with Mayor Hall's and Mayor Pro Tern Blackburn's opposition to City Council's statement in solidarity with black lives. Em ailed comments received for the record: Mary Lucid emailed her question regarding the upcoming budget. Dan Walsh emailed his comment regarding his thanks for reopening beach parking. Joan Markovits emailed her comment in opposition to the City Council's statement in solidarity with black lives. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 5:37 p.m. Mia De Marzo Deputy City Clerk