HomeMy WebLinkAbout2020-07-28; City Council; Minutes (2)CITY COUNCIL
Minutes
July 28, 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: The Mayor announced that the City Council is
serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item
No. 5.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES:
Minutes of the Special Meeting held July 21, 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: None.
PUBLIC COMMENT: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: No reportable action.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1, 2, 4 through 7. Motion carried unanimously, 4/0.
1. APPROVAL OF THE PURCHASE OF THE OKTA SOFTWARE SUBSCRIPTION RENEWAL FROM
CDW-G, LLC — Adoption of Resolution No. 2020-157 authorizing the city manager or a
designee to purchase the Okta Software Subscription renewal from CDW-G, LLC in an amount
not to exceed $381,135 for a three-year term ending Aug. 24, 2023. (Staff contact: Maria
Callander, Administrative Services)
2. LICENSE AGREEMENT WITH CROWN CASTLE TOWERS 06-2 — Adoption of Resolution No.
2020-158 authorizing the city manager to execute a license agreement with Crown Castle
Towers 06-02 LLC to operate a wireless communication facility on city property (APN 208-
010-38-00, 208-010-39-00, and 208-010-42-00); future Robertson Ranch Community Park
site. (Staff contact: Curtis Jackson, Real Estate)
July 28, 2020
Carlsbad City Council Regular Meeting Page 2
This item was pulled for discussion by Council Member Schumacher.
3. AUTHORIZATION TO REQUEST BIDS FOR THE TAMARACK AVENUE AND VALLEY STREET
PEDESTRIAN IMPROVEMENT PROJECT — Adoption of resolution approving the plans and
specifications, appropriation of additional Gas Tax Funds in the amount of $150,261, and
authorizing the city clerk to advertise for bids for the Tamarack Avenue and Valley Street
Pedestrian Improvement Project, Capital Improvement Program Project No. 6335. (Staff
contact: John Kim, Public Works)
4. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE NEW VILLAGE ARTS BUILDING ROOF AND
EXTERIOR REFURBISHMENT PROJECT—Adoption of Resolution No. 2020-160 approving plans
and specifications and authorizing the city clerk to advertise for bids for the New Village Arts
Building Roof and Exterior Refurbishment Project, Capital Improvement Program Project No.
4739. (Staff contact John Maashoff, Public Works)
5. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE VALVE REPLACEMENT PHASE II PROJECT
— Adoption of Carlsbad Municipal Water District (CMWD) Resolution No. 1643 approving
plans and specifications and authorizing the Secretary to the CMWD Board to advertise for
bids for the Valve Replacement Phase II, Capital Improvement Program Project No. 5019-E.
(Staff contact: Stephanie Harrison and Vicki Quiram, Public Works)
6. ACCEPTANCE OF THE AMERICANS WITH DISABILITIES ACT BEACH ACCESS FEASIBILITY STUDY
— Adoption of Resolution No. 2020-161 accepting the Americans with Disabilities Act Beach
Access Feasibility Study, including the corresponding concept plans, and directing staff to
prepare a request for proposals to pursue the environmental review, agency permitting,
engineering and construction documentation phases of the project. (Staff contact: Sheila
Cobian, City Manager Department)
7. NOVEMBER 3, 2020 COUNCIL COMPENSATION BALLOT MEASURE —1) Adoption of Resolution
No. 2020-162 ordering the submission to the qualified electors of the City of Carlsbad a
certain measure relating to City Council compensation on the general election to be held on
Tuesday, November 3, 2020, requesting that the San Diego County Board of Supervisors place
the measure on the ballot and provide consolidation services and appropriating the necessary
funds; and
2) Adoption of Resolution No. 2020-163 setting priorities for filing written arguments
regarding a city measure pertaining to City Council compensation and directing the city
attorney to prepare an impartial analysis; and
3) Adoption of Resolution No. 2020-164 setting priorities for filing of rebuttal arguments
regarding a city measure pertaining to City Council compensation that will be submitted at
the November 3, 2020, general municipal election. (Staff contact: Faviola Medina, City Clerk
Department)
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION:
This item was pulled for discussion by Council Member Schumacher.
3. AUTHORIZATION TO REQUEST BIDS FOR THE TAMARACK AVENUE AND VALLEY STREET
PEDESTRIAN IMPROVEMENT PROJECT — Adoption of Resolution No. 2020-159 approving the
July 28, 2020 Carlsbad City Council Regular Meeting Page 3
plans and specifications, appropriation of additional Gas Tax Funds in the amount of $150,261
and authorizing the city clerk to advertise for bids for the Tamarack Avenue and Valley Street
Pedestrian Improvement Project, Capital Improvement Program Project No. 6335. (Staff
contact: John Kim, Public Works)
Council Member Schumacher thanked staff for their work on the project and commented
that this will increase safety for pedestrians and the children who walk to school in the area.
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to adopt
Resolution No. 2020-159. Motion carried unanimously, 4/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
8. PUBLIC HEARING TO FINALIZE THE 2020 WEED ABATEMENT COST REPORT — Adoption of
Resolution No. 2020-165 accepting the 2020 Weed Abatement Cost Report and directing the
city clerk to file a certified copy of the resolution with the San Diego County Assessor. (Staff
contact: Randy Metz, Fire)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolution.
Fire Marshall Randy Metz presented the report.
Mayor Hall opened the duly noticed Public Hearing at 3:06 p.m.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:06
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-165. Motion carried unanimously, 4/0.
9. AN AMENDMENT TO THE CARLSBAD CORPORATE PLAZA SPECIFIC PLAN PARKING STRUCTURE
— 1) Introduction of Ordinance No. CS-379 amending the Carlsbad Corporate Plaza Specific
Plan (SP 23(H)) to remove the 6,000-square-foot limitation on medical office use for existing
office buildings located at 6183-6185 Paseo del Norte within the Mello II segment of the city's
Local Coastal Program and Local Facilities Management Zone 3 (Case Name: Carlsbad
Corporate Plaza Parking Structure; Case No.: Amend 2019-002); and
2) Adoption of Resolution No. 2020-166 approving Minor Site Development Plan and Coastal
Development Permit to allow the construction of a 35,360-square-foot, two-level parking
structure located over an existing parking lot serving existing office buildings located at 6183-
6185 Paseo del Norte within the Mello II segment of the Local Coastal Program and Local
July 28, 2020 Carlsbad City Council Regular Meeting Page 4
Facilities Management Zone 3 (Case Name: Carlsbad Corporate Plaza Parking Structure; Case
No.: SDP 2019-0003/CDP 2019-0005). (Staff contact: Esteban Danna, Community
Development)
City Manager's Recommendation: Take public input, close the public hearing, Introduce the
ordinance and adopt the resolution.
Associate Planner Esteban Danna and 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 3:27 p.m.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:27
13-m•
Council Member Priya Bhat-Patel disclosed that she met with the applicant and the property
owner and visited the facility.
Bill Hoffman of Hoffman Planning and Engineering and Scott Leggett, co-owner of NextMed
presented a PowerPoint presentation about the project.
Mayor Pro Tern Blackburn disclosed that he has had medical surgeries at the Carlsbad Surgery
Center which NextMed is associated with.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-379 and adopt Resolution No. 2020-166. Motion carried unanimously, 4/0.
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.
City Manager Scott Chadwick, Assistant Director of Emergency Services David Harrison,
Deputy City Manager of Community Services Gary Barberio, Police Chief Neil Gallucci, Fire
Chief Michael Calderwood, Chief Innovation Officer David Graham 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).
Council Member Schumacher asked the City Council if they would be interested in revisiting
the eviction moratorium and extending the repayment terms from 3 months to 6 months.
July 28, 2020 Carlsbad City Council Regular Meeting Page 5
In response to an inquiry from Mayor Hall, Council Member Schumacher explained revisiting
the eviction moratorium and repayment extension would include all commercial properties
in the City of Carlsbad and not solely those that the City of Carlsbad leases to. She further
added that she is hearing from the public if the repayment terms could be extended from 3
months to 6 months.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to direct staff to provide an update of the eviction moratorium and consider options for
potential action at a future City Council meeting. Motion carried unanimously, 4/0.
11. ADMINISTRATIVE ENFORCEMENT OF THE FACIAL COVERING REQUIREMENTS OF STATE AND
COUNTY PUBLIC HEALTH ORDERS — Adoption of a resolution issuing an emergency order
mandating face coverings for all persons within Carlsbad city limits in accordance with the
most recent San Diego County Order of the health officer and emergency regulations and the
most recent California Department of Public Health face covering guidance. (Staff contact:
Allegra Frost, City Attorney Department)
City Manager's Recommendation: Adopt the resolution.
Deputy City Attorney Allegra Frost and Assistant Director of Emergency Services David
Harrison 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 shared their comments for
the record:
Sharon McKeeman spoke about some of the harassment she faces for not wearing a face-
covering in public. She further commented on her concern for those who do not wear face
masks due to medical reasons. She encouraged the City of Carlsbad to understand the medical
and ADA exemptions of not wearing a face mask.
Liam Ferguson spoke about his concerns regarding face masks and encouraged the City
Council to keep Carlsbad free. He further commented that the spread of COVID-19 was likely
due to the recent protests seen throughout California.
Council Member Schumacher asked staff if police was aware of their rights once COVID-19
was deemed a direct threat under the ADA.
In response to an inquiry from Council Member Schumacher, Police Chief Neil Gallucci
explained when Carlsbad Police Officers walk up to someone, they need reasonable suspicion
before they question the person.
Council Member Schumacher commented that the reasonable suspicion has already been
determined via the direct threat of COVID-19.
July 28, 2020 Carlsbad City Council Regular Meeting Page 6
Deputy City Attorney Allegra Frost explained that the legal precedent that they are looking at
is the fourth amendment and not the ADA. She further explained that the legal standard you
must meet is that police must have reasonable suspicion to stop someone. She added that to
determine if there is reasonable suspicion, the police officer needs to know by looking and
observing and determining whether a crime has been committed.
Council Member Schumacher expressed that it is our responsibility to protect the general
welfare of our residents. She further added that she wishes to give law enforcement a
different track to citing the enforcement of face masks. She questioned that if police or the
City Council are not enforcing the face mask requirement, then who is expected to enforce
the requirement. She commented that the enforcement issue is currently happening in
Carlsbad.
Deputy City Attorney Marissa Kawecki explained that from a prosecution standpoint if
someone were to be charged and appeal this violation in an administrative context or in
criminal court, the city must consider all constitutional challenges. She further explained that
this is not to say that the police cannot go up to someone and attempt to ask questions to
determine a medical exemption, but if the individual chooses not to answer the questions,
then the police cannot do anything about it. She added that this is a tool that can be useful
under certain conditions, but it does not allow police to pursue every individual.
Council Member Schumacher commented that she would like to adopt the resolution but
would also like to revisit the City of Carlsbad specific face covering ordinance that is
specifically tailored with time, place and manner restrictions specifically to certain locations,
walks and stairs and that drills into our indoor businesses.
In response to an inquiry by Mayor Pro Tern Blackburn, City Attorney Celia Brewer
commented that the intent of the item presented was to provide an additional tool for
enforcement that is within the city's control, and while it may not be used for individual face
masks outside, it gives staff a tool for inside.
Mayor Hall expressed that the reason this item is before the City Council is so that the city
can be more aggressive in enforcing face masks and the City Council should not shy away
from that, but also has heard multiple times today that the city is in conflict with our federal
and state constitution and believes all this is going to create further animosity in the
community.
Mayor Pro Tem Blackburn explained that he would not be supporting this item because he is
not getting the commitment from the City Council that this is not going to be a slippery slope.
He wished to make it clear that he absolutely supports the wearing of face masks but is
concerned with the slippery slope that this agenda item would bring.
Council Member Schumacher explained that the city does have an underlying current to not
enforce and that it is putting the community at risk.
July 28, 2020 Carlsbad City Council Regular Meeting Page 7
Council Member Bhat-Patel expressed that she doesn't see this issue as a slippery slope,
believes is a clear-cut decision, and to put it that way makes the Carlsbad community think
that the city is not putting their best interests forward.
Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to adopt
the resolution. Motion failed — 2/2 (Hall, Blackburn — No).
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to direct staff to draft a City of Carlsbad specific face covering Ordinance that includes time,
place and manner of restrictions on boardwalks, staircases, gatherings and businesses.
Motion carried, 3/1 (Hall — No).
Mayor Hall declared a recess at 5:05 p.m.
Mayor Hall reconvened the meeting at 5:15 p.m.
12. EMPOWER THE DIRECTOR OF EMERGENCY SERVICES TO TEMPORARILY SUSPEND OR MODIFY
CERTAIN LAND DEVELOPMENT STANDARDS TO MITIGATE THE ECONOMIC EFFECTS OF THE
COVID-19 PANDEMIC STATE OF EMERGENCY ON LOCAL BUSINESSES —Adoption of Resolution
No. 2020-167 empowering the Director of Emergency Services to temporarily suspend or
modify certain land development standards to mitigate the economic effects of the COVID-
19 pandemic state of emergency on local business. (Staff contact: Jeff Murphy, Community
Development)
Community Development Director Jeff Murphy presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
City Attorney Celia Brewer commented that this item involves items in the Village and Barrio
Master Plan and while Mayor Hall usually recuses himself from discussions on these items
Mayor Hall can participate because there are special emergency regulations in the FPPC
guidelines that allow him to vote on this item.
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-167. Motion carried unanimously, 4/0.
13. ANALYSIS AND OPTIONS ON PHYSICAL CHANGES TO COLLEGE BOULEVARD, FROM CARLSBAD
VILLAGE DRIVE TO CANNON — 1) Receive the presentation regarding options on roadway
safety and physical changes to College Boulevard, from Carlsbad Village Drive to Cannon
Road; and
2) Adoption of Resolution No. 2020-168 approving implementation of up to 11 speed
feedback signs on College Boulevard, North of Cannon Road. (Staff contact: John Kim and
Tom Frank, Public Works)
City Manager's Recommendation: Receive the presentation and adopt the resolution.
July 28, 2020 Carlsbad City Council Regular Meeting Page 8
Transportation Director Torn Frank and City Traffic Engineer John Kim presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Council received the presentation.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-168. Motion carried unanimously, 4/0.
14. CLEAN ENERGY ALLIANCE LOAN TERMS — 1) Provide feedback on the proposed terms of a
potential loan to fund the Clean Energy Alliance's community choice aggregation program
launch; and
2) Consider the following options to direct staff to either:
a. Return to the City Council with a proposed loan agreement based on the terms
discussed and agreed on by the City Council to obtain the council's final approval
authorizing the city manager to execute the loan agreement and appropriate the funds
b. Adopt a resolution appropriating $4,450,000 from the city's unassigned General Fund
reserve and authorizing the city manager to negotiate terms, within the City Council's
agreed upon parameters, and execute a loan agreement with the Clean Energy Alliance
c. Take no further action on the matter. (Staff contact: Ryan Green, Administrative
Services Department and Jason Haber, City Manager Department)
City Manager's Recommendation: Consider options and provide staff with feedback.
Intergovernmental Affairs Director Jason Haber, Assistant Finance Director Ryan Green and
Interim CEO Barbara Boswell presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
City Attorney Celia Brewer stated that a comment was received earlier regarding a conflict of
duties question involving a Council Member sitting on one agency that is giving a loan to an
agency that is receiving a loan but added that it does not apply to Council Members sitting
on Joint Power Authority's.
The following individual called into the City Council Meeting and voiced their comment for
the record:
Anthony Bona spoke regarding a potential conflict of interest with Council Member
Schumacher and this item.
Mayor Hall explained that his biggest concern with this project is the uncertainty behind it
and that there is no certain launch date. He also added that in his time of being a Council
Member, they have never made a loan to a JPA and that he cannot say with certainty that
they could make the 2% discount on the rate structure.
Council Member Bhat-Patel expressed that she would be open to Option A or B tonight and
would be making a motion for either as well.
July 28, 2020
Carlsbad City Council Regular Meeting Page 9
Council Member Blackburn expressed that they he wanted the City of Carlsbad to be the one
to make the loan but did not want to tell residents he took a chance with their taxpaying
money and made an error. He added that he watched the recent JPA meeting and saw the
directors going in different directions which did not instill a lot of confidence in him. He
further added that if he could not support the City of Carlsbad as being the lender, then he
could not support the city being the loan guarantee entity.
Council Member Schumacher explained that at the last JPA meeting they were grappling with
the policy and not frame it as the directors going in different directions. She inquired to staff,
what would the ramifications be if the City of Carlsbad were not to be the loan provider.
In response to an inquiry from Council Member Schumacher, Assistant Finance Director Ryan
Green responded that the JP Morgan loan would have an estimated interest of $575,000
whereas the City of Carlsbad is offering close to $400,000 in interest over a three-year period.
He also added that in theory, any savings from the interest rate would be utilized by the Clean
Energy Alliance in either one of two ways; either it would apply directly to the rates that they
would set or allow for them to buy a cleaner mix of energy. He further added that initially
there were three options: the City of Carlsbad loan option, the River City Bank option, and
the JP Morgan option. He explained that the JP Morgan loan did not require a guarantee, but
the River City Bank loan did and that would not be an option unless the Clean Energy Alliance
could find some other means.
Clean Energy Alliance Interim CEO Barbara Boswell explained that while the JP Morgan loan
did not require a guarantee, it did have additional covenants that would restrict the board
from making discounts for customers.
Council Member Schumacher explained that they would not be able to get savings directly to
the customers if the City Council moved forward with the JP Morgan option and that it would
not serve the public interest as much as it could which meant that potential customers would
be placed at a disadvantage.
Motion by Council Member Bhat-Patel to adopt Option A, seconded by Council Member
Schumacher. Motion failed, 2/2 (Hall, Blackburn — No).
15. TRAFFIC & MOBILITY COMMISSION APPOINTMENTS — Adoption of Resolution No. 2020-169
and Resolution No. 2020-170 appointing two members to the Traffic & Mobility Commission.
(Staff contact: Tammy McMinn, City Clerk Department)
City Manager's Recommendation: Adopt the resolutions.
Council Member Schumacher requested that they vote on each appointment separately. She
expressed that she would not be voting for an individual who she has seen attack Council
Members verbally and otherwise online and it is toxic, and we need to not be supporting that
type of behavior in our commissioners.
July 28, 2020 Carlsbad City Council Regular Meeting Page 10
Motion by Mayor Hall to adopt Resolution No. 2020-169 re-appointing Monica Gocan.
Motion carried, 3/1 (Schumacher — No).
Council Member Bhat-Patel commented that she would like to advocate for her district since
there are a lot of traffic and mobility issues in her district and noticed that there was an
applicant for District 3 in the pool.
Motion by Mayor Hall to adopt Resolution No. 2020-170 appointing Allan Wanamaker.
Motion carried, 3/1 (Schumacher — No).
COUNCIL REPORTS AND COMMENTS:
Council Member Schumacher requested that the City Council consider at some point and time
for all commissioners, City Council members, and public comments, a meeting decorum request.
She added that over the years she has watched commissioners and public comments at City
Council meetings really veer off course and would like for the City Council to work together to
model for the community what respecting the positions of the City Council office looks like.
Council Member Bhat-Patel expressed appreciation for Council Member Schumacher's
comments and agreed with the sentiments that they need to be able to work together, and that
unfortunately some of the comments that are made can cause discussions to go in disarray. She
added that the City Council needs to focus on what the goals are which are to ensure that they
are serving the community to the best of their abilities and that they are not letting those in
particular get in the way.
Mayor Hall requested that the City Council add Item No. 5 from the July 23, 2020 Clean Energy
Alliance meeting agenda regarding the Inclusive & Sustainable Workforce Policy for discussion at
the August 18, 2020 City Council meeting. He explained that the agenda item was important to
discuss because the project has varied from the City Councils original direction.
Minute Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to direct staff to bring
back to City Council Item No. 5 from the July 23, 2020 Clean Energy Alliance meeting agenda
regarding the Inclusive & Sustainable Workforce Policy for discussion at the August 18, 2020 City
Council 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 6:47 p.m.
July 28, 2020 Carlsbad City Council Regular Meeting Page 11
Hector Gomez
Deputy City Clerk