Loading...
HomeMy WebLinkAbout2020-05-05; City Council; MinutesCITY COUNCIL May 5, 2020 3 p.m. CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher. Council Chamber 1200 carlsbad Village Drive carlsbad, CA 92008 ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that 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 Meeting held April 7, 2020. Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes as presented. Motion carried unanimously, 4/0. Minutes of the Special Meeting held April 25, 2020. Minutes were returned to staff to include verbatim discussion at the request of Council Member Schumacher. PRESENTATIONS: Presentation of proclamation in recognition of Water Safety Month. Council Member Bhat-Patel read the proclamation. PUBLIC COMMENT: City Clerk Barbara Engleson read the following public comments: Jim Strickland wrote about lighting the NRG smoke stack blue every night in honor and support of the essential workers and healthcare heroes. Pierre Cochet-Weinandt wrote about the lack of enforcement at the beach regarding dangerous conditions. He also commented that the beach should not open if enforcement could not be managed properly. Gary Nessim wrote about the need to relax sign ordinances until the COVID-19 pandemic is over. Thomas Citrano wrote about the need to have a modified reopening of the Carlsbad athletic fields and parks. He commented that the opening could be possible with safety regulations enforced during activities. May 5, 2020 Carlsbad City Council Regular Meeting Page 2 Naz Weigley wrote about supporting the Carlsbad Class of 2020 by hanging pictures on Carlsbad Village Drive. Socorro Anderson wrote in support of the partnership of La Posada de Guadalupe, Catholic Charities, and other City of Carlsbad businesses. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item No. 1, 2, 3 and 5. Motion carried unanimously, 4/0. 1. REPORT ON CITY INVESTMENTS -Acceptance of a Report on City Investments as of March 31, 2020. (Staff contact: Laura Rocha, Administrative Services and Craig Lindholm, City Treasurer) 2. SETTLEMENT OF WORKERS' COMPENSATION CLAIMS-Adoption of Resolution No. 2020-075 authorizing settlement of the Workers' Compensation Claims of Micah Lambert. (Staff contact: Donna Hernandez, Human Resources) 3. AMENDMENT NO. 1 TO AGREEMENT WITH SILLMAN WRIGHT ARCHITECTS, INC. -Adoption of Resolution No. 2020-076 authorizing Amendment No. 1 to the agreement with Sillman Wright Architects, Inc. to incorporate structural engineering design services into the design work for the City of Carlsbad Public Safety and Service Center Improvements, Capital Improvement Program Project No. 4715, in an amount not to exceed $365,225. (Staff contact: Steven Stewart, Public Works and Mickey Williams, Police) 4. AGREEMENTS FOR THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT - Adoption of a resolution authorizing execution of the State Coastal Conservancy Grant Agreement and University of California Research Agreement, and acceptance and appropriation of grant funds to the Environmental Management Department budget. (Staff contact: Mike Grim, Public Works) 5. TEMPORARY RELIEF FROM CERTAIN POTABLE WATER BILL FEES IN RESPONSE TO THE COVID- 19 PANDEMIC STATE OF EMERGENCY -Adoption of Carlsbad Municipal Water District Resolution No. 1639 confirming the executive manager's temporary relief measures in response to the COVID-19 pandemic state of emergency and authorizing the executive manager to extend these measures through June 30, 2020, or the end of the state of emergency, if necessary. (Staff contact: Mario Remillard and Vicki Quiram, Public Works) CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION: This item was pulled for discussion by Council Member Schumacher 4. AGREEMENTS FOR THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT - Adoption of Resolution No. 2020-077 authorizing execution of the State Coastal Conservancy May 5, 2020 Carlsbad City Council Regular Meeting Page 3 Grant Agreement and University of California Research Agreement, and acceptance and appropriation of grant funds to the Environmental Management Department budget. (Staff contact: Mike Grim, Public Works) Council Member Schumacher explained that since the City is accepting a grant to pursue the design of the realignment of Carlsbad Boulevard all the plans would need to be presented to Council and a discussion would need to occur about the realignment even though it is a CIP project. In response to the inquiry from Council Member Schumacher, Deputy City Manager, Public Works Paz Gomez explained that the plans would be presented to Council for further discussion and approval. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2020-077. Motion carried unanimously, 4/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 6. FY 2019-20 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN AMENDMENT NO. 2 -Adoption of Resolution No. 2020-078 approving the Fiscal Year 2019- 20 Annual Action Plan Amendment No. 2, appropriating CDBG Funds to the expansion of La Posada Homeless Facility and to the Fiscal Year 2019 Public Service Providers to provide continued services for COVID-19 relief, authorizing the submittal of the Amended Action Plan to the U.S. Department of Housing and Urban Development, and approving the Amended Citizen Participation Plan. (Staff contact: Nancy Melander, Community Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Mayor Hall opened the duly noticed Public Hearing at 3:24 p.m. Program Manager Nancy Melander presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Clerk Barbara Engleson read the following public comment: Greg Angela wrote to thank the City Council for its recommendation of increased funding for Interfaith Community Services. May 5, 2020 Carlsbad City Council Regular Meeting Page 4 Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:35 p.m. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-078. Motion carried unanimously, 4/0. 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. City Manager Scott Chadwick, Assistant Director of Emergency Services David Harrison, Deputy City Manager of Community Services Gary Barberio, Director of Parks & Recreation Kyle Lancaster, 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). City Clerk Barbara Engleson read the following public comment: Pierre Cochet-Weinandt wrote about the lack of enforcement at the beaches amidst the COVID-19 restrictions. Council received the report. 8. FUNDING ALLOCATION AND BUSINESS LOAN PROGRAM RECOMMENDATIONS FOR THE ECONOMIC RECOVERY AND REVITALIZATION INITIATIVE -Adoption of Resolution No. 2020- 079 authorizing the city manager to do the following: 1. Allocate $5,000,000 from the economic uncertainty set-aside in the General Fund to the Economic Recovery and Revitalization Initiative and establish the following funding priorities: a. $4,400,000 to the business loan program b. $250,000 to the joint marketing strategy c. $250,000 held as contingency or for future City Council decisions d. $50,000 to partner on mediation and renegotiation services e. $50,000 for city lessee relief 2. Establish a business loan program that is consistent with the parameters developed by the Ad Hoc City Council Economic Revitalization Subcommittee 3. Negotiate with a third-party to administer the business loan program and return to the City Council with a contract for approval if the cost exceeds $100,000 annually. (Staff May 5, 2020 Carlsbad City Council Regular Meeting Page 5 contact: David Graham, City Manager Department and Laura Rocha, Administrative Services) City Manager's Recommendation: Adopt the resolution. Chief Innovation Officer David Graham and Deputy City Manager, Administrative Services Laura Rocha presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Clerk Barbara Engleson read the following public comments: Brett Schanzenbach wrote to thank the City Council for considering the revitalization initiative and that it would help businesses that have the potential to fall through the cracks of other state and federal support programs. Mark Rudyk wrote to thank the City Council for considering the revitalization initiative and that it will help local businesses ease into a successful return to business. Christine Davis wrote to thank the City Council for considering the revitalization initiative and to advise that the business loan program should have a simple application process with a quick funding mechanism. In response to an inquiry from Council Member Bhat-Patel, Chief Innovation Officer David Graham explained that language can be added to the loan terms that the 90-day deferral and the start of the loan term can be deferred for an additional period of time at the discretion of staff for businesses that can demonstrate that they are closed and have seen a significant drop in revenue. Minute Motion by Council Member Schumacher, seconded by Council Member Bhat- Patel, to add language in the loan terms that businesses that can demonstrate that they are closed and have seen a significant drop in revenue will be allowed by discretion of staff an additional 90-day deferral of payment and the start of the loan term can be deferred. Motion carried unanimously, 4/0. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-079 as amended. -Motion carried unanimously, 4/0. Mayor Hall declared a recess at 5:13 p.m. Mayor Hall reconvened the meeting at 5:24 p.m. 9. WINDSOR POINTE RELOCATION & REPLACEMENT HOUSING PLAN -Adoption of Resolution No. 2020-080 approving the Windsor Pointe Relocation Plan and Replacement Housing Plan for the Affordable Housing Project located at 3606-3618 and 3630 Harding Street, and 965- 967 Oak Avenue. (Staff contact: David de Cordova, Community Development) May 5, 2020 Carlsbad City Council Regular Meeting Page 6 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). City Clerk Barbara Engleson read the following public comments: Denis Jensen wrote in opposition of the project and suggested that the project is in the wrong location. Teri Jacobs wrote in opposition of the project and said that the project wi/1 not help the homeless problem. Anthony Bona wrote in opposition of the project. Thomas Matyn wrote to suggest the City Council stick to the original proposal and take care of its veterans. Council Member Schumacher stated she will be abstaining from the vote with strong objection to use of the initial $4.225 million dollars restricted for veterans only as she noted at the April 21, 2020 City Council Meeting. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-080. Motion carried, 3/1 (Schumacher -Abstained) This item was continued from the April 21, 2020 City Council meeting. 10. OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS-This report offers four possible action options for consideration by the City Council -Options 1 and 2 are reflected in Exhibit 1 as originally presented to the City Council on April 21, 2020: Option 1 includes an Ad Hoc Design Review Committee 1) Approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects, including an ad hoc design review committee; 2) Appropriating $33,880 from the City Council's General Fund contingency account for consultant costs associated with the ad hoc design review committee; and 3) Providing direction to staff on the composition of the ad hoc design review committee and the process for appointing its members and directing staff to return to the City Council for the formal appointment of the committee; or, Option 2 excludes an Ad Hoc Design Review Committee -Adopt a resolution (Exhibit 2) approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects; or May 5, 2020 Carlsbad City Council Regular Meeting Page 7 Option 3 to remove Village and Barrio Master Plan from Senate Bill 2 Grant -adopt a resolution approving an agreement for professional consulting services with RRM Design Group to assist in the preparation of objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects, except for the Village and Barrio Master Plan area and directing staff to submit to the California Housing and Community Development Department a request to remove the Village and Barrio Master Plan area from the Senate Bill 2 scope of work; or Option 4 to pursue separate grant funding for Village and Barrio Master Plan Standards - adopt a resolution (Exhibit 3) directing staff to pursue grant opportunities to assist in developing a broader revisioning of objective design standards for the Village and Barrio Master Plan area. (Staff contact: Jennifer Jesser, Community Development) City Manager's Recommendation: Receive the report, discuss the options and adopt the corresponding resolution to the preferred option. Mayor Hall recused himself from participating in the discussion of this item at 5:26 p.m. due to a potential conflict of interest. Senior Planner Jennifer Jesser presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Clerk Barbara Engleson read the following public comments: Pierre Cochet-Weinandt wrote in support of Option 1 and stressed the importance of the Carlsbad Village in regard to tourism and revenue. Catherine Ferguson wrote in support of the project and suggested that streamlining the process will give more residents access to housing. In a response to an inquiry from Mayor Pro Tern Blackburn, Senior Planner Jennifer Jesser explained that if the City Council were to delay approval of an option the SB2 funds would not be in jeopardy, but it would shorten the time spent with the consultant to finish the work and meet the deadline set by the state grant. Motion by Council Member Schumacher, to choose Option 1 and to create a standing committee to advise the City Council on the objective design standards for the Village and Barrio Master Plan with a three-meeting recommendation. -Motion failed due to lack of a second. Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn to choose Option 4. -Motion failed, 2/1. (Schumacher -No) May 5, 2020 Carlsbad City Council Regular Meeting Page 8 In response to an inquiry from Council Member Schumacher, City Planner Don Neu explained that there are some standards for the master plan but there are no general municipal code standards for this type of design. ACTION: No action taken due to lack of majority confirmation. Item returned to staff to be placed on a future City Council meeting agenda. Mayor Hall returned to the meeting at 6:23 p.m. 11. INITIATION OF A GAP ANALYSIS OF THE CITY'S INCLUSIONARY HOUSING IN-LIEU FEE - Consider the information contained in the staff report and if determined that an affordable housing gap analysis should be initiated, adoption of Resolution No. 2020-081 authorizing the issuance of a request for proposals for the professional consulting services necessary for the preparation of an affordable housing gap analysis and authorizing the appropriation and expenditure of $50,000 from the City Council's General Fund Contingency account for the anticipated consultant costs. (Staff contact: Jeff Murphy, Community Development) City Manager's Recommendation: Receive the presentation and consider adoption of the resolution. Community Development Director Jeff Murphy presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-081. Motion carried unanimously, 4/0. 12. DETERMINATION OF FOUR DEFICIENT STREET FACILITIES AND FINANCING PROGRAM OPTIONS, INCLUDING EXTENSION OF COLLEGE BOULEVARD -Adoption of a resolution determining deficiencies of four street facilities according to the Growth Management Plan Vehicular Level of Service Standard, exempting such facilities from the Standard, expediting CIP Project No. 6094 (widening northbound El Camino Real from Sunny Creek Road to Jackspar Drive), and adoption of CEQA findings; and, Provide direction to city staff on whether to pursue a city-led financing program, planning, and environmental review for construction of the College Boulevard extension, which would include the city undertaking a preliminary design and engineering assessment. If the council does not pursue the College Boulevard extension at this time, provide direction to city staff on whether to eliminate this extension from the City's General Plan; and Provide direction to city staff on whether to pursue amending the Local Facilities Management Zone 15 Plan and the Citywide Facilities and Improvements Plan relating to the obligation of private development in Zone 15 to fund the College Boulevard extension project, which would include funding consultant assistance to amend these plans. (Staff contact: Paz Gomez, Public Works and Laura Rocha, Administrative Services) City Manager's Recommendation: Adopt the resolution and provide direction to staff. May 5, 2020 Carlsbad City Council Regular Meeting Page 9 Deputy City Manager, Public Works Paz Gomez, Deputy City Manager, Community Services, Gary Barberio and Deputy City Manager, Administrative Services, Laura Rocha presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Clerk Barbara Engleson read the following public comments: Marco Gonzalez wrote in support of the proposal and requested that Council either make the de facto moratorium finding contemplated by the Act administratively or bring it forward at the next Council meeting for discussion and approval. Steve Linke wrote in support of the proposal and said that it would significantly enhance capacity, comfort, and safety for pedestrians, bicyclists, and motorists. City Attorney Celia Brewer explained that adopting the resolution presented by staff does not preclude private or public financing of College Boulevard in the future. She also addressed Mr. Gonzalez's public comment and explained that due to the adoption of SB330 the City does not have ability to impose moratoriums. In response to an inquiry from Mayor Hall, Deputy City Manager, Administrative Services Laura Rocha explained that the City is looking at a budget shortfall due to the COVID-19 pandemic and that regarding the timing of a financing plan a preliminary design and engineering assessment report would need to be completed. She furthered explained that the report would take about 18 months to complete but a plan could be developed in a couple months. In response to an inquiry from Council Member Schumacher, Deputy City Manager, Public Works Paz Gomez explained that a change to the recommended action was added after their presentation to the Traffic Mobility Commission. The change was "if the City Council does not pursue the College Boulevard extension at this time, the City Council would provide direction to city staff on whether to eliminate the extension from the city's general plan." In response to an inquiry from Council Member Schumacher, Deputy City Manager, Community Services Gary Barberio explained the tentative map for Sunny Creek Apartments has no further extensions allowable under the State Map Act and the local subdivision ordinance. In response to an inquiry from Council Member Bhat-Patel, Deputy City Manager, Public Works Paz Gomez explained the reason they are recommending these facilities be deemed exempt is because the current City Council direction states that it is a private development obligation for two lanes. She further explained that the private developers have already voiced that they will not fund the College Boulevard Extension and it is not feasible in the foreseeable future. Because the project has been deemed not feasible and May 5, 2020 Carlsbad City Council Regular Meeting Page 10 there is no financing plan approved by the City Council then they are requesting the extension based on the criteria they outlined. In response to an inquiry from Council Member Bhat-Patel, Deputy City Manager, Community Services Gary Barberio explained that if the City Council approves a financing plan in the future they can unexempt the facilities. He furthered explained that the general plan requires the city to monitor all roadway segments including exempted roadways on an annual basis and if the roadway is deemed no longer deficient, staff would recommend to unexempt it. In response to an inquiry from Council Member Schumacher, Deputy City Manager, Community Services Gary Barberio explained that the City gains more from the exemption because it allows TDM measures to be applied to all development and not just development that meets the threshold that is currently in the adopted TDM ordinance. In addition it would give the City authority to condition Transportation System Management (TSM) as well. In response to an inquiry from Mayor Hall, Deputy City Manager, Public Works Paz Gomez explained that the 3-million-dollar estimate would be the cost of the preliminary design and engineering assessment. She further explained that a full environment review and additional stormwater requirements would be required for the project. Minute Motion by Mayor Pro Tern Blackburn, seconded by Mayor Hall to move adoption of Item No. 1 including points A, B and C. Motion failed, 2/2 (Bhat-Patel, Schumacher - No) In response to an inquiry from Council Member Schumacher, City Attorney Celia Brewer explained that staff could return the resolution with points A, Band C separated into three resolutions. Minute Motion by Council Member Schumacher, seconded by Council Member Bhat- Patel to direct staff to return the resolution to City Council with points A, B and C above separated into three resolutions. Motion carried, 3/1 (Hall -No) Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Schumacher to direct staff to pursue a city led financing program for the extension of College Boulevard. Motion carried, 3/1 (Hall -No) Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Schumacher to direct staff to provide direction on whether to pursue amending the Local Facilities Management Zone 15 Plan. Motion carried, 3/1 (Hall -No) May 5, 2020 Carlsbad City Council Regular Meeting Page 11 PUBLIC COMMENT {CONTINUED): City Clerk Barbara Engleson read the following public comment: Anthony Bona wrote about the need to reopen the city and urged the City Council to hold a special meeting to discuss the issue. COUNCIL REPORTS AND COMMENTS: Council Member Schumacher thanked essential workers, staff and the Economic Revitalization subcommittee for their work. Mayor Hall encouraged the public to respect one another, maintain social distancing and to wear face masks when required. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 8:06 p.m. ~ --~CQR ~ Lcr-, ~ D Deputy City Clerk