HomeMy WebLinkAbout2021-03-23; City Council; Agendas
The City Council also sits as the Carlsbad Municipal Water District Board, Public Financing Authority Board, Community Development
Commission and Successor Agency to the Redevelopment Agency. When considering items presented to the Carlsbad Municipal Water
District Board, each member receives an additional $100 per meeting (max $300/month). When considering items presented to the
Community Development Commission each member receives an additional $75 per meeting (max $150/month).
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information
about topics coming before the City Council and the action recommended by city staff. You can read about each
topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk
is also available to answer any questions you have about City Council meeting procedures.
How to watch
City cable channel
Charter Spectrum channel 24
AT&T U-verse channel 99.
City website
carlsbadca.gov/news/citytv.asp
Virtual meeting format
• Per California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily
taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and other
public meetings online only.
• All public meetings will comply with public noticing requirements in the Brown Act and will be made
accessible electronically to all members of the public seeking to observe and address the City Council.
How to participate
• By phone: Sign up at https://www.carlsbadca.gov/cityhall/clerk/meetings/default.asp by 2 p.m. the day of the
meeting to provide comments live by phone. You will receive a confirmation email with instructions about
how to call in.
• In writing: Email comments to clerk@carlsbadca.gov. Comments received by 2 p.m. the day of the meeting
will be shared with the City Council prior to the meeting. When e-mailing comments, please identify in the
subject line the agenda item to which your comments relate. All comments received will be included as part
of the official record. Written comments will not be read out loud.
• These procedures shall remain in place during the period in which state or local health officials have imposed
or recommended social distancing measures.
Reasonable accommodations
Persons with a disability may request an agenda packet in appropriate alternative formats as require by the
Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to
effectively allow participation in the meeting. Please contact the City Manager’s Office at 760-434-2821 (voice),
711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Monday
before the meeting to decide.
IN THE EVENT A QUORUM OF THE CITY COUNCIL LOSES ELECTRICAL POWER OR SUFFERS AN INTERNET CONNECTION OUTAGE
THAT IS NOT CORRECTED WITHIN 15 MINUTES, THE MEETING WILL AUTOMATICALLY BE ADJOURNED. ANY ITEMS NOTICED AS
PUBLIC HEARINGS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. ANY OTHER
AGENDA ITEMS THE COUNCIL HAS NOT TAKEN ACTION ON WILL BE PLACED ON A FUTURE AGENDA.
More information about City Council meeting procedures can be found at the end of this agenda and in the
Carlsbad Municipal Code chapter 1.20. PLEASE NOTE: AS A RESULT OF THE WAIVERS IN EXECUTIVE ORDER N-29-20, THE
BROWN ACT PERMITS FULL PARTICIPATION BY OFFICIALS IN MEETINGS THROUGH VIDEO OR AUDIO TELECONFERENCE.
March 23, 2021, 3 p.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Mar. 23, 2021 Page 2
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the Carlsbad Community
Development Commission on Public Hearing Item No. 7.
INVOCATION: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Feb. 9, 2021
Minutes of the Special Meeting held March 9, 2021
Minutes of the Special Meeting held March 16, 2021
Minutes approved as presented – 5/0.
PRESENTATIONS:
Proclamation in Recognition of National Women’s History Month
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action.
PUBLIC COMMENT: In conformance with the Brown Act and California Executive Order No. N-29-20,
a total of 15 minutes is provided so members of the public participate in the meeting by submitting
comments as provided on the front page of this agenda. The City Council will receive comments as
requested up to a total of 15 minutes. All other comments will trail until the end of the meeting. In
conformance with the Brown Act, no Council action can occur on these items.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be
enacted by one motion as listed below. There will be no separate discussion on these items prior to
the time the Council votes on the motion unless members of the Council, the City Manager, or the
public request specific items be discussed and/or removed from the Consent Calendar for separate
action.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. 2020 HOUSING ELEMENT ANNUAL PROGRESS REPORT – Adoption of a resolution accepting the
2020 Housing Element Annual Progress Report. (Staff contact: Corey Funk, Community
Development)
ACTION: Adopted Resolution No. 2021-064 – 5/0.
2. AWARD OF CONTRACT TO ABHE & SVOBADA, INC. AND ADDITIONAL APPROPRIATIONS FOR LAKE
CALAVERA OUTLET IMPROVEMENTS PROJECT – Adoption of a resolution accepting bids and
awarding a construction contract to Abhe & Svoboda, Inc. for construction of the Lake Calavera
Outlet Improvements, CIP Project No. 5054 in an amount not to exceed $791,956, and approving
additional appropriation in an amount of $176,000 from the General Capital Construction Fund.
(Staff contact: Vicki Quiram and David Padilla, Public Works)
Mar. 23, 2021 Page 3
ACTION: Adopted Resolution No. 2021-065 – 5/0.
3. ADVERTISE FOR BIDS FOR TEMPORARY TRAILERS FOR THE POLICE AND FIRE HEADQUARTERS
RENOVATION PROJECT, CIP NO. 4715 – Adoption of a resolution approving the plans and
specifications and authorizing the City Clerk to advertise for bids for temporary trailers for the
Police and Fire Headquarters Renovation Project, CIP Project No. 4715. (Staff contact: Steven
Stewart, Public Works and Mickey Williams, Police Department)
ACTION: Adopted Resolution No. 2021-066 – 5/0.
4. AWARD OF CONTRACT TO LC PAVING & SEALING FOR SURFACE DRAINAGE IMPROVEMENTS
PROJECT – Adoption of a resolution accepting bids and awarding a contract to LC Paving & Sealing,
Inc., for construction of the Citywide Drainage Improvement Program – Surface Drainage
Improvements Project, CIP Project No. 6608, in an amount not to exceed $323,835. (Staff contact:
Jason Evans, Public Works)
ACTION: Adopted Resolution No. 2021-067 – 5/0.
5. REVISIONS TO PART-TIME CUSTODIAN AIDE PAY RANGE AND SALARY ADJUSTMENTS FOR
EMPLOYEES THAT FALL BELOW NEW MINIMUM PAY RATE – Adoption of a resolution approving
revisions to the City of Carlsbad Part-Time Salary Schedule and pay increases for part-time
custodian aide employees whose pay rate falls below the new minimum pay rate for part-time
custodian aide. (Staff contact: Drew Cook and Judy von Kalinowski, Administrative Services)
ACTION: Adopted Resolution No. 2021-068 – 5/0.
6. 2021 HAZARD REDUCTION PROGRAM – Adoption of a resolution declaring weeds and rubbish
upon private property in the City of Carlsbad as public nuisances under the terms of the City of
Carlsbad’s Hazard Reduction Program and scheduling a public hearing on the topic for April 20,
2021. (Staff contact: Randy Metz, Fire Department)
ACTION: Adopted Resolution No. 2021-069 – 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS:
7. FISCAL YEAR 2021 ANNUAL PUBLIC HOUSING AGENCY PLAN – Adoption of a Community
Development Commission resolution approving the Annual Public Housing Agency Plan for fiscal
year 2021 for submission to the U.S. Department of Housing and Urban Development. (Staff
contact: Bobbi Nunn, Community Development)
City Manager’s Recommendation: Take public input, close the public hearing and adopt a
resolution.
ACTION: Adopted Community Development Commission Resolution No. 549 – 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. RESULTS ON COMMUNITY INPUT MEETINGS REGARDING CIVILIAN OVERSIGHT OF THE POLICE
DEPARTMENT – Receive a presentation regarding the results of the police community input
Mar. 23, 2021 Page 4
meetings held in each City Council district and provide direction to staff as necessary. (Staff
contact: Kristina Ray and Sheila Cobian, City Manager Department)
City Manager’s Recommendation: Receive the presentation and provide direction to staff as
necessary.
ACTION: Council received the presentation; and
Minute Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to
direct staff through work with a consultant to return to Council with a plan/template to form
a committee or commission with citizen representation from each district selected by the
respective council member and a member of the Carlsbad Police Officers Association that
would meet quarterly or monthly (as needed) and identify issues to bring to the Police Chief
and Assistant Police Chief for consideration with final decision to be made by the Police Chief
– 4/1 (Hall – No).
9. LEGAL RISKS ASSOCIATED WITH REMOVAL OF ILLEGAL ENCAMPMENTS DURING COVID-19
Receive this informational report, provide any desired direction to staff on this issue. (Staff
contact: Allegra Frost, City Attorney Department and Matt Magro, Police Department)
City Manager’s Recommendation: Receive the report and provide direction to staff.
ACTION: Council received the report.
10. CONSIDER POSSIBLE PROGRAMS TO ADDRESS HOMELESSNESS IN THE CITY OF CARLSBAD
1) Receive the staff report, consider program options that are described and provide staff
direction, as appropriate; and
2) If the City Council implements option 7, adopt a resolution authorizing the formation of a
standing City Council Homeless Action Subcommittee. (Staff contact: Holly Nelson, Police
Department and Jeff Murphy, Community Development)
City Manager’s Recommendation: Receive the report, consider the program options and if
implementing option 7, adoption of the resolution.
ACTION: Council received the report; and
Motion by Council Member Schumacher, seconded by Mayor Pro Tem Blackburn to approve:
Option 1 – Hire an employment and benefit specialist,
Option 3 – Enhancing Clinical Services at La Posada Emergency Shelter,
Option 4 – Initiate a hotel/motel voucher program for one-year pilot program with an
amendment to include that the city would contract with the Humane Society to provide
temporary shelter for pets if necessary,
Option 4a – Hire a program manager to provide case management for the hotel/motel
voucher program, and
Option 6 – Authorize up to $450,000 for increased Community Resource Center services –
4/1 (Hall – No); and
Motion by Council Member Schumacher, seconded by Council Member Priya Bhat-Patel, to
approve Option 2, Alternative 2 to hire one police sergeant, two police officers and contract
with two additional social workers to be primarily deployed on bike and foot patrol as
homeless outreach officers providing additional four-day-a-week coverage – 3/1 (Hall,
Blackburn – No); and
Adopted Resolution No. 2021-070 as amended (see minutes for details) – 5/0.
Mar. 23, 2021 Page 5
11. CITY FRANCHISE AGREEMENT FOR SOLID WASTE RECYCLING AND ORGANICS SERVICES
1) Adoption of a resolution approving a city franchise agreement for recycling, organics and solid
waste collection and organic materials processing service with EDCO Disposal Corporation and
authorizing the City Manager, or designee, to execute all functions of the “City Contract Manager”
as described in the franchise agreement; or
2) Adoption of a resolution approving a city franchise agreement for recycling, organics and solid
waste collection and organic materials processing service with Republic Services, Inc., dba “allied
Waste Services of North America” and authorizing the City Manager, or designee, to execute all
functions of the “City Contract Manager” as described in the franchise agreement. (Staff contact:
James Wood, Public Works)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Council continued the item to the meeting of April 6, 2021 – 5/0.
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
City Council Regional Assignments (Revised 1/12/21)
Matt Hall
Mayor
North County Mayors and Managers
Chamber of Commerce Liaison (primary)
San Diego County Water Authority
SANDAG Board of Directors (primary)
City Council Legislative Subcommittee
Economic Revitalization Subcommittee
North County Homeless Action Committee
Keith Blackburn
Mayor Pro Tem – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
North County Dispatch Joint Powers Authority
SANDAG Board of Directors (2nd alternate)
SANDAG Shoreline Preservation Working Group (alternate)
Carlsbad Municipal Code and City Council Policy Update
Subcommittee
Priya Bhat-Patel
Council Member – District 3
SANDAG Board of Directors (1st alternate)
SANDAG Shoreline Preservation Working Group (primary)
North County Transit District (primary)
City/School Committee
Clean Energy Alliance JPA (primary)
League of California Cities – SD Division (alternate)
Economic Revitalization Subcommittee
Cori Schumacher
Council Member – District 1
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
League of California Cities – SD Division
North County Dispatch Joint Powers Authority (alternate)
Carlsbad Municipal Code and City Council Policy Update
Subcommittee
North County Homeless Action Committee
Mar. 23, 2021 Page 6
Teresa Acosta
Council Member – District 4
City/School Committee
Chamber of Commerce Liaison (alternate)
Encina Wastewater Authority Board of Directors (alternate)
City Council Legislative Subcommittee
Clean Energy Alliance JPA (alternate)
North County Transit District (alternate)
PUBLIC COMMENT: Continuation of the Public Comments
This portion of the agenda is set aside for continuation of public comments, if necessary, due to
exceeding the total time allotted in the first public comments section. In conformance with the
Brown Act, no Council action can occur on these items.
ANNOUNCEMENTS:
This section of the Agenda is designated for announcements to advise the community regarding
events that Members of the City Council have been invited to, and may participate in.
CITY MANAGER COMMENTS:
CITY ATTORNEY COMMENTS:
ADJOURNMENT: 8:11 p.m.
City Council Meeting Procedures (continued from page 1)
Written Materials
Written materials related to the agenda that are submitted to the City Council after the agenda packet has been
published will be available for review prior to the meeting during normal business hours at the City Clerk’s office, 1200
Carlsbad Village Drive and on the city website. To review these materials during the meeting, please see the City Clerk
Visual Materials
Visual materials, such as pictures, charts, maps or slides, are allowed for comments on agenda items, not general public
comment. Please contact the City Manager’s Office at 760-434-2820 or manager@carlsbadca.gov to make
arrangements in advance. All materials must be received by the City Manager’s Office no later than noon the day
before the meeting. The time spent presenting visual materials is included in the maximum time limit provided to
speakers. All materials exhibited to the City Council during the meeting are part of the public record. Please note that
video presentations are not allowed.
Decorum
All participants are expected to conduct themselves with mutual respect. Loud, boisterous and unruly behavior can
interfere with the ability of the City Council to conduct the people’s business. That’s why it is illegal to disrupt a City
Council meeting. Following a warning from the presiding officer, those engaging in disruptive behavior are subject to
law enforcement action.
City Council Agenda
The City Council follows a regular order of business that is specified in the Carlsbad Municipal Code. The City Council
may only make decisions about topics listed on the agenda.
Presentations
The City Council often recognizes individuals and groups for achievements and contributions to the community. Well-
wishers often fill the chamber during presentations to show their support and perhaps get a photo. If you don’t see an
open seat when you arrive, there will likely be one once the presentations are over.
Mar. 23, 2021 Page 7
Consent Items
Consent items are considered routine and may be enacted together by one motion and vote. Any City Council member may remove or “pull” an item from the “consent calendar” for a separate vote. Members of the public may pull an item
from the consent calendar by requesting to speak about that item. A speaker request form must be submitted to the
clerk prior to the start of the consent portion of the agenda.
Public Comment
Members of the public may speak on any city related item that does not appear on the agenda. State law prohibits the
City Council from taking action on items not listed on the agenda. Comments requiring follow up will be referred to
staff and, if appropriate, considered at a future City Council meeting. Members of the public are also welcome to
provide comments on agenda items during the portions of the meeting when those items are being discussed. In both
cases, a request to speak form must be submitted to the clerk in advance of that portion of the meeting beginning.
Public Hearing
Certain actions by the City Council require a “public hearing,” which is a time within the regular meeting that has been
set aside and noticed according to different rules.
Departmental Reports
This part of the agenda is for items that are not considered routine and do not require a public hearing. These items are
usually presented to the City Council by city staff and can be informational in nature or require action. The staff report
about each item indicates the purpose of the item and whether or not action is requested.
Other Reports
At the end of each meeting, City Council members and the city manager, city attorney and city clerk are given an
opportunity to share information. This usually includes reports about recent meetings, regional issues, and recent or
upcoming meetings and events.
City Council Actions
Resolution
A resolution is an official statement of City Council policy that directs administrative or legal action or embodies a
public City Council statement. A resolution may be introduced and adopted at the same meeting. Once adopted, it
remains City Council policy until changed by subsequent City Council resolution.
Ordinance
Ordinances are city laws contained in the Carlsbad Municipal Code. Enacting a new city law or changing an existing one
is a two-step process. First, the ordinance is “introduced” by city staff to the City Council. If the City Council votes in
favor of the introduction, the ordinance will be placed on a subsequent City Council meeting agenda for “adoption.” If
the City Council votes to adopt the ordinance, it will usually go into effect 30 days later.
Motion
A motion is used to propose City Council direction related to an item on the agenda. Any City Council member may
make a motion. A motion must receive a “second” from another City Council member to be eligible for a City Council
vote.