HomeMy WebLinkAbout2021-01-26; City Council; MinutesCITY COUNCIL
Minutes
Jan. 26, 2021, 3 p.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Dec. 15, 2020
Minutes of the Special Meeting held Jan. 14, 2021
Minutes of the Special Meeting held Jan. 19, 2021
Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the
minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS: None.
PUBLIC COMMENT:
The following individuals called into the City Council Meeting and voiced their comments for the
record:
Mary Lucid requested that the Carlsbad Senior Center or the City of Carlsbad Faraday location be
allowed to have a drive-thru COV1D-19 vaccination center. She also requested more sport and
recreational equipment for the Carlsbad Senior Center.
Karen Mendoza spoke in support of Carlsbad restaurants staying open and advocated for more
resources for small businesses to stay open during the COV1D-19 pandemic.
Justin Jachura, Co-founder of Senor Grubby's, spoke regarding the need for more business
collaboration between the City of Carlsbad and the restaurants in the Village.
Andy Davis, Owner of Mas Fina Cantina and The Compass, spoke regarding the need for more
business collaboration between the City of Carlsbad and the restaurants in the Village. He also
suggested establishing a committee that will allow for community interactions and shared
collaborations between the City of Carlsbad and the restaurants in the Village.
January 26, 2021 Carlsbad City Council Regular Meeting Page 2
Jim Wellman spoke to advocate for community participation in the upcoming meetings
regarding Police Oversight.
John Wellman spoke about the risks of party politics and its influence over local government.
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 Nos. 1 through 3. Motion carried unanimously, 5/0.
1.AMENDMENT NO. 5 TO THE PROJECT AGREEMENT BETWEEN CITY OF CARLSBAD AND
CITY OF VISTA FOR CONSTRUCTION OF THE AGUA HEDIONDA SEWER LIFT STATION AND
VISTA/CARLSBAD INTERCEPTOR SEWER REACHES — Adoption of Resolution No. 2021-031
authorizing the mayor to execute Amendment No. 5 to the project agreement for
construction of the Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor
Sewer, Reaches VC11B-VC15, between the City of Carlsbad and the City of Vista, authorize
the deputy city manager, administrative services, to transfer $1,200,000 from the Sewer
Connection Fee Fund to the Sewer Replacement Fund, and appropriate $1,200,000 from
the Sewer Replacement Fund, and authorize the city manager to approve contract
documents and reimbursement payments to the City of Vista for the City of Carlsbad's
share of the remaining project work in an amount not to exceed $1,545,000. (Staff
contact: Dave Padilla and Vicki Quiram, Public Works)
2.AMENDMENT TO AGREEMENTS FOR THE SAFETY CENTER RENOVATION PROJECT, CIP NO.
4715 — 1) Adoption of Resolution No. 2021-032 authorizing Amendment No. 4 to the
Agreement with Sillman Wright Architects, Inc. to incorporate structural engineering
design services for the Emergency Operations Center into the design work for the Safety
Center Renovation Project, CIP Project No. 4715, in an amount not to exceed $278,967;
and
2) Adoption of Resolution No. 2021-033 authorizing Amendment No. 2 to the Agreement
with Griffin Structures, Inc. to extend and amend the agreement for construction
management and inspection services for the Safety Center Renovation Project, CIP
Project No. 4715, in an amount not to exceed $368,000. (Staff contact: Mickey Williams,
Police and Steven Stewart Public Works)
3.RATIFICATION OF A DECLARATION OF LOCAL EMERGENCY FOR REMEDIATION OF
HILLSIDE — Adoption of Resolution No. 2021-034 ratifying the city manager's declaration
of local emergency for remediation of a hillside scarred by the Jan. 20, 2021 brushfire
incident that occurred on the northeast side of the 4600 block of Park Drive. (Staff
contact: Tom Frank and Michael O'Brien, Public Works)
DEPARTMENTAL AND CITY MANAGER REPORTS:
January 26, 2021 Carlsbad City Council Regular Meeting Page 3
This item was heard before Item No. 4
6.ECONOMIC AND FINANCIAL UPDATE FOR THE SECOND QUARTER OF FISCAL YEAR 2020-21 —
Receive a report on the economic and financial update for the second quarter of fiscal year
2020-21 and provide direction as appropriate. (Staff contact: Laura Rocha, Administrative
Services)
City Manager's Recommendation: Receive the report and provide direction as appropriate.
Deputy City Manager, Administrative Services Laura Rocha, Economic Development Manager
Matt Sanford, and Finance Director Ryan Green presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Council received the report.
ORDINANCES FOR INTRODUCTION:
This item was heard after Item No. 6
4.ANNUAL CITY COUNCIL COMPENSATION REVIEW — 1) Introduction of an ordinance adjusting
City Council compensation by the amount established by the San Diego Regional Consumer
Price Index; or
2) Introduction of Ordinance No. CS-390 permanently waiving City Council compensation
adjustments for 2021. (Staff contact: Drew Cook and Judy von Kalinowski, Human Resources)
City Manager's Recommendation: Introduce the ordinance.
City Manager Scott Chadwick presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
The following individual called into the City Council Meeting and voiced their comment for
the record:
John Wellman spoke to suggest a tier and bonus pay system based on the success of Carlsbad
residents and the per capital income of the city.
City Attorney Celia Brewer titled the ordinance.
Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to introduce
Ordinance No. CS-390 permanently waiving City Council compensation adjustments for 2021.
Motion carried unanimously, 5/0.
5.AMEND CARLSBAD MUNICIPAL CODE CHAPTER 2.04 RELATING TO ELECTED OFFICIALS AND
REPEAL CHAPTER 2.06 AND SECTIONS 2.08.010, 2.08.020, 2.08.022, 2.08.030 AND 2.08.032 —
Introduction of an ordinance amending Chapter 2.04 and repealing Chapter 2.06 and Sections
2.080.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 of the Carlsbad Municipal Code. (Staff
January 26, 2021 Carlsbad City Council Regular Meeting Page 4
contact: Cindie McMahon, City Attorney Department and Sheila Cobian, City Manager
Department)
City Manager's Recommendation: Introduce the ordinance.
Assistant City Attorney Cindie McMahon, and Assistant to the City Manager Sheila Cobian
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 voiced their comments for
the record:
Aly Vredenburgh, a member of the Carlsbad Equality Commission, expressed that the
amendment was unfair as it would deprive City Council members from many volunteer
opportunities.
Keyrollos Ibrahim, a member of the Carlsbad Equality Commission, expressed that the
amendment would deprive City Council members from many volunteer opportunities. He also
suggested the formation of a code of conduct that would enable citizens to see where City
Council members have strong interests or connections and determine if there was a conflict
of interest at stake.
Council Member Bhat-Patel requested a change in language for Carlsbad Municipal Code,
Chapter 2.04: Elected Officials under Section 2.04.040. — Eligibility for office, Point D. She
suggested to strike the wording of "police officer" and "of the police department" And add
the words "city", "applicable", and the phrase ", including conflict of interest and ethics laws,
ordinances, rules and regulations.
Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, to change
the language as follows:
Notwithstanding California Government Code Section 53227 or any successor statute
regulating the eligibility of a local agency employee to serve on the local agency's legislative
body, the mayor or a city council member may simultaneously serve, without compensation,
as a city volunteer police officer subject to all applicable federal and state laws, municipal
ordinances and rules and regulations, including conflict of interest and ethics laws,
ordinances, rules and regulations. of the police department. Motion carried unanimously, 5/0.
Council Member Bhat-Patel requested a change in language for Carlsbad Municipal Code,
Chapter 2.04: Elected Officials under Section 2.04.100. — Reorganization of the city council.
She suggested to strike the revised wording of "A four-fifths vote of the City Council would be
required for changes at any other time of the year."
January 26, 2021 Carlsbad City Council Regular Meeting Page 5
Motion by Council Member Bhat-Patel, seconded by Council Member Schumacher, to move
Section 2.04.050 to Section 2.04.100 and revise the language of "At the meeting when the
general election results are certified by the county clerk or city clerk, as appropriate, or as
soon as reasonably practicable thereafter, the city council shall meet for the purpose of
appointing individual members of the city council to boards, commissions, committees or
other bodies as the council may find necessary for its reorganization and effective
functioning." to include the following revised language and striking the language of "A four
fifths vote of the City Council would be required for changes at any other time of the year":
"the City Council reorganization would occur annually at the first regularly scheduled meeting
of the calendar year or as soon as reasonably practicable after a new city council member is
sworn into office. A four fifths vote of the City Council would be required for changes at any
other time of the year. Motion carried, 3/2 (Blackburn, Hall — No).
Motion by Council Member Acosta, seconded by Council Member Schumacher, to direct the
Municipal Code Subcommittee to revise Proposed Section 2.04.110 — Vacancies in Office and
bring the revision to Council. Motion carried unanimously, 5/0.
Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to add "A person
appointed to fill a vacant office must meet the eligibility requirements for the office" to
Section 2.04.110 — Vacancies in Office. Motion carried unanimously, 5/0.
City Attorney Celia Brewer commented that the Ordinance will be returned to the Municipal
Code Subcommittee to make the proposed changes to bring back to Council.
In response to an inquiry from Council Member Schumacher, City Attorney Celia Brewer
commented that the discussion of having the City Clerk be responsible for timekeeping during
public comment can be further discussed at the next Legislative subcommittee meeting.
ORDINANCE FOR ADOPTION: None.
PUBLIC HEARINGS: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. APPROVAL OF REVISIONS TO THE CITY OF CARLSBAD PART-TIME SALARY SCHEDULE AND
MANAGEMENT SALARY SCHEDULE — Adoption of Resolution No. 2021-035 approving
revisions to the City of Carlsbad Part-Time Salary Schedule and Management Salary Schedule,
and authorizing pay increases for part-time employees and management employees. (Staff
contact: Judy von Kalinowski and Drew Cook, Human Resources)
City Manager's Recommendation: Adopt the resolution.
January 26, 2021 Carlsbad City Council Regular Meeting Page 6
City Manager Scott Chadwick 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 Acosta, to adopt
Resolution No. 2021-035. Motion carried unanimously, 5/0.
Mayor Hall declared a recess at 4:51 p.m.
Mayor Hall reconvened the meeting at 5:00 p.m.
8.COVID-19 ACTIONS AND EXPENDITURES REPORT— 1) Receive a report on recent actions and
expenditures related to the city's response to the COVID-19 pandemic and provide direction
as appropriate; and
2) Adoption of Resolution No. 2021-036 appropriating $1,500,000 from the city's economic
uncertainty set-aside in the General Fund to pay for costs related to the COVID-19 local
emergency. (Staff contact: Geoff Patnoe, City Manager Department)
City Manager's Recommendation: Receive the report provide direction as appropriate and
adopt the resolution.
Assistant Director of Emergency Services David Harrison, Deputy City Manager Gary Barberio,
Police Chief Neil Gallucci, Senior Program Manager Holly Nelson, Fire Department Chief
Michael Calderwood, Chief Innovation Officer David Graham, Community & Economic
Development Director Jeff Murphy, Deputy City Manager Laura Rocha, and City Manager
Scott Chadwick 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. 2021-036. Motion carried unanimously, 5/0.
Council received the report.
9.APPROVAL OF OUTLINE FOR 2021 CITY COUNCIL GOAL SETTING WORKSHOP — Consider and
approve the outline for the 2021 City Council Goal Setting Workshop and provide direction
to staff as necessary. (Staff contact: Sheila Cobian and Jason Haber, City Manager
Department)
City Manager's Recommendation: Consider and approve the outline and provide direction
to staff as necessary.
Assistant to the City Manager Sheila Cobian, Director of Intergovernmental Affairs Jason
Haber, and Facilitator David Agran 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 approve
the outline for the City Council Goal Setting Workshop. Motion carried unanimously, 5/0.
January 26, 2021 Carlsbad City Council Regular Meeting Page 7
10.DISTRICT 2 AND DISTRICT 4 APPOINTMENTS OF TWO MEMBERS TO THE PLANNING
COMMISSION 1) Adoption of a Resolution No. 2021-037 appointing one member to the
Planning Commission; and
2) Adoption of Resolution No. 2021-038 appointing one member to the Planning Commission.
(Staff contact: Tammy McMinn, City Clerk Department)
City Manager's Recommendation: Adopt the resolutions.
The following individual called into the City Council Meeting and voiced their comment for
the record:
Kevin Sabellico spoke regarding his qualifications to serve on the Planning Commission.
Motion by Mayor Pro Tern Blackburn, seconded by Mayor Hall, to adopt Resolution No. 2021-
037 appointing William Kamenjarin to the Planning Commission. Motion carried
unanimously, 5/0.
Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to adopt
Resolution No. 2021-038 appointing Kevin Sabellico to the Planning Commision. Motion
carried unanimously, 5/0.
11.MONROE STREET POOL IMPROVEMENT/REPLACEMENT PROJECT CONCEPT DIRECTION —
Receive a staff report on the Monroe Street Pool Renovation/Replacement Project and direct
staff on which design concept to pursue, and, if a ballot measure is necessary to implement
the selected design concept, which election cycle staff should pursue. (Staff contact: Kyle
Lancaster, Parks & Recreation and Steven Stewart, Public Works)
City Manager's Recommendation: Receive the report and provide direction as appropriate.
Parks and Recreation Director Kyle Lancaster, Municipal Projects Manager Steven Stewart
Principal/Director of Sport & Rec, Legal Project Associate Arash Izadi and Senior Project
Manager, Legal Project Associate John Courtney presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
The following individual called into the City Council Meeting and voiced their comment for
the record:
James Hamilton expressed his concern about the potential downtime for active users of the
Monroe Street Pool when the renovation/replacement occurs. He also advocated for more
aquatic pool resources for the public.
January 26, 2021 Carlsbad City Council Regular Meeting Page 8
Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to direct
staff to pursue Design Concept No. 3 and pursue placing the measure on the June r, 2022
primary election ballot. Motion carried unanimously, 5/0.
12. REPORT ON PLANNING AREA F OF THE POINSETTIA SHORES MASTER PLAN — PONTO
PROPERTY — Receive an informational presentation on Planning Area F of the Poinsettia
Shores Master Plan, the Ponto property, that includes an overview of the planned and
allowed land uses, public park needs and requirements, public vote requirements, and
related information pertinent to the future development of the property, and provide staff
with direction. (Staff contact: Jeff Murphy, Community Development)
City Manager's Recommendation: Receive the report and provide direction as appropriate.
Mayor Hall declared a recess at 6:34 p.m.
Mayor Hall reconvened the meeting at 6:39 p.m.
Community Development Director Jeff Murphy 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 voiced their comments for
the record:
Lance Schulte, group speaker representing Dorothy Fritz, Ron Fritz, and Harry Peacock, spoke
about misconceptions regarding the purchase of the Ponto property. He also suggested
various alternatives to acquiring the Ponto property.
Jodi Jones spoke to advocate to keep the Ponto property for open space and to build the Ponto
Park.
Jane Naskiewicz spoke to advocate to keep the Ponto property for open space and to build the
Panto Park. She also advocated for more parks in Carlsbad.
Sean Kirkwood spoke to advocate to keep the Ponto property for open space and to build the
Ponto Park. He also advocated for alternatives projects for the Ponto property.
Owen Rassman and Laura Walsh spoke to advocate to keep the Ponto property for open space
and to build the Ponta Park.
Michael Sebahar, Co-founder of People for Ponto, spoke to advocate to keep the Ponto
property for open space and to build the Ponto Park. He also suggested that the city look into
different ways to purchase the property.
January 26, 2021 Carlsbad City Council Regular Meeting Page 9
Howard Krausz spoke to advocate to build the Ponto Park. He also suggested that the city look
into different ways to purchase the property.
Diane Nygaard spoke to advocate to build the Ponto Park. He also suggested that the City
look into different ways to purchase the property.
Richard Saldivar spoke to advocate to keep the Ponto property for open space and to build
the Ponto Park. He also suggested that the city look into different ways to purchase the
property.
Gary Coleman spoke to advocate to build the Ponto Park. He also suggested that the city look
into different ways to purchase the property.
Council Member Bhat-Patel left the meeting at 7:33 p.m. for health reasons.
In response to an inquiry from Council Member Acosta, City Planner Don Neu explained that
applications to develop can be forced to be withdrawn by the city if the project becomes
stalled or if an application is incomplete. He further explained that the application that was
filed in 2016 for the Ponto property has been left on file at the request of the owner so that
they could find a new developer.
In response to an inquiry from Council Member Schumacher, City Attorney Celia Brewer
explained that the Ponto property is a very complex issue and there are several laws at issue
and if the Council did decide to put this item on a future agenda to pursue the property,
careful consideration would need to be given for legal reasons.
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Celia Brewer
explained that when the city pursues acquiring property it gets the property appraised by a
Members Appraisal Institute (MAI) appraiser and that price is used as the foundation for the
acquisition strategy.
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Celia Brewer
explained that if proceedings were to continue the city would need to work with the property
owner to get appropriate appraisals.
In response to an inquiry from Mayor Hall, City Attorney Celia Brewer explained that anything
to do with land use has the potential to create legal challenges. She added that the city does
not own the property nor control it and that the conversations occurring without a willing
seller have potential for future legal challenges.
In response to an inquiry from Mayor Hall, City Planner Don Neu explained that he could not
recall a time where property was downzoned without a request from a willing property
owner.
January 26, 2021 Carlsbad City Council Regular Meeting Page 10
Minute Motion by Council Member Acosta, second by Council Member Schumacher, to direct
staff to bring back an item within the next six months with viable strategies regarding
Planning Area F and other coastal properties to preserve open space and recreation. Motion
carried, 4/0/1 (Bhat-Patel — Absent).
13. STRATEGIC DIGITAL TRANSFORMATION INVESTMENT PROGRAM — Adoption of a resolution
approving the preliminary Strategic Digital Transformation Investment Program. (Staff
contact: Laura Rocha, David Graham and Maria Callander, Administrative Services)
City Manager's Recommendation: Adopt the resolution.
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to continue
the item until after goal setting. Motion carried, 4/0/1 (Bhat-Patel — Absent).
COUNCIL REPORTS AND COMMENTS: Mayor Hall and the City Council Members reported on
activities and meetings of some committees and subcommittees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 8:22 p.m.
Hector Gomez
Deputy City Clerk