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HomeMy WebLinkAbout2021-05-11; City Council; MinutesMay 11, 2021 Carlsbad City Council Regular Meeting Page 2 Tiffani Czapinski expressed her concerns on taxpayer money being spent on implicit bias training across the nation. Michael McMahon spoke on Building Safety Month. 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. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item No. 4. Motion carried, 4/1 (Hall -No). 1. RIGHT OF ENTRY PERMIT WITH STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION -Adoption of Resolution No. 2021-102 authorizing a right of entry permit with the State of California Department of Parks & Recreation to maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach. (Staff contact: Tim Selke, Parks & Recreation) 2. AGREEMENTS FOR PARKS MAINTENANCE SERVICES WITH NISSHO OF CALIFORNIA AND BRIGHTVIEW LANDSCAPE SERVICES -1) Adoption of Resolution No. 2021-103 awarding an agreement for Parks Maintenance Services, Work Category D -Passive Parks and Facilities Landscapes, to Nissho of California Inc., in an amount not to exceed $893,252 per year, during the initial two-year term of the agreement; and 2) Adoption of Resolution No. 2021-104 awarding an agreement for Parks Maintenance Services, Work Category E -Streetscapes, Medians and Parkways and Work Category F - Undeveloped Parks, Urban Forests and Trailheads / Planters, to Brightview Landscape Services, in an amount not to exceed $1,079,056 per year, during the initial two-year term of the agreement. (Staff contact: Tim Selke, Parks & Recreation) 3. AUTHORIZATION OF USE OF SAN DIEGO COUNTY WATER AUTHORITY REFUND -Adoption of Carlsbad Municipal Water District Resolution No. 1653 authorizing use of the San Diego County Water Authority refund to offset the rates the Carlsbad Municipal Water District pays the Water Authority for water supply, which will result in offsetting future customer rate increases. (Staff contact: Vickie Quiram, Public Works and Ryan Green, Finance) 4. BUSINESS LICENSE TAX APPEAL HEARING DECISIONS -1) Adoption of Resolution No. 2021- 105 granting in part the business license tax appeal of Taylor Made Golf Company, Inc.; and 2) Adoption of Resolution No. 2021-106 granting in part the business license tax appeal of Callaway Golf Company. (Staff contact: Cindie McMahon, City Attorney Department) ORDINANCES FOR INTRODUCTION: None. May 11, 2021 Carlsbad City Council Regular Meeting Page 3 ORDINANCE FOR ADOPTION: 5. ORDINANCE NO. CS-397 -WEST OAKS -Adoption of Ordinance No. CS-397 approving amendments to the citywide zoning and Local Coastal Program Zoning maps to modify the city-wide and Local Coastal Program Zoning designations from Planned Industrial (P-I) Zoning to Residential Density Multiple (RD-M) Zoning, and to reconfigure the Open Space (OS) Zoning boundaries on the property to accommodate required emergency access and preserve on- site habitat and habitat buffer areas located southwest of the intersection of Palomar Airport Road and Palomar Oaks Way within the Melo II Segment of the Local Coastal Program and Local Facilities Management Zone 5. (Case Name: West Oaks; Case No.: ZC 16-03/LCPA 16- 04 (DEV 13018)). (Staff contact: Faviola Medina, City Clerk Department) City Attorney Celia Brewer titled the ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-397. Motion carried, 5/0. PUBLIC HEARINGS: 6. FISCAL YEAR 2021-22 ANNUAL ACTION PLAN FOR THE CITY OF CARLSBAD'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM -Adoption of Resolution No. 2021-107 approving the Fiscal Year 2021-22 Annual Action Plan, CDBG Advisory Committee funding recommendations, and authorizing the submittal of the Fiscal Year 2021-22 Annual Action Plan to the U.S. Department of Housing and Urban Development. (Staff contact: Nancy Melander, Community Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution.· Program Manager Nancy Melander 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 3:32 p.m. Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:32 p.m. In response to Council Member Acosta's inquiry, Program Manager Melander explained that there was an increase in the city's allocation from the U.S. Department of Housing and Urban Development. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-107. Motion carried unanimously, 5/0. May 11, 2021 Carlsbad City Council Regular Meeting Page 4 7. AMENDMENTTO THETRANSNETLOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2020-21 THROUGH 2024-25 -Adoption of Resolution No. 2021-108 approving an amendment to the Carlsbad TransNet Local Street Improvement Program of Projects for Fiscal Years 2020-21 through 2024-25, as programmed in the 2021 San Diego Association of Governments Regional Transportation Improvement Program. (Staff contact: Jonathan Schauble, Public Works) City Manager's Recommendation: Take public input, close the public hearing, and adopt the resolution. Engineering Manager Hossein Ajideh 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 3:41 p.m. Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:41 p.m. In response to Council Member Acosta's inquiry regarding the lack of projects in South Carlsbad, Transportation Director Tom Frank explained that the Regional Transportation Improvement Program list parallels the proposed Capital Improvement Program list. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-108. Motion carried unanimously, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. FORMATION OF INDEPENDENT REDISTRICTING COMMISSION AND APPROVAL OF CITY COUNCIL REDISTRICTING PUBLIC ENGAGEMENT PLAN-1) Adoption of a resolution approving the formation of an independent redistricting commission through a selection panel of judges; or 2) Adoption of Resolution No. 2021-109 approving the formation of an independent redistricting commission through a random draw selection method; or 3) Adoption of a resolution approving the formation of an independent redistricting commission through a random draw -optional variation selection method; and 4) Adoption of Resolution No. 2021-110 approving the City Council Redistricting Public Engagement Plan. (Staff contact: Faviola Medina, City Clerk Services, Sheila Cobian, City Manager Department, Kristina Ray, Communication & Engagement Department, Cindie K. McMahon, City Attorney Department) City Manager's Recommendation: Adopt the resolutions and provide direction as appropriate. May 11, 2021 Carlsbad City Council Regular Meeting Page 5 City Clerk Services Manager Faviola Medina, Assistant to the City Manager Sheila Cobian, Communications & Engagement Director Kristina Ray, and Assistant City Attorney Cindie McMahon presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Bhat-Patel's inquiry, Communications & Engagement Director Ray explained that in order to reach a wide range of social, geographic and ethnic diversity, expanded digital advertising will be used as well as the email distribution lists and social media following and make sure that the messages advertised are appealing to everyone, including those who may not generally be interested in government. In response to Mayor Pro Tern Blackburn's inquiry, Communications & Engagement Director Ray explained that the $30,000 would be used for outreach and covering the public engagement effort, and the plan would be to bring in a consultant to assist with the time- consuming effort. Communications & Engagement Director Ray added that it does not \ include staff time or the judges time which is already budgeted. In response to Mayor Pro Tern Blackburn's inquiry, Communications & Engagement Director Ray explained that the requirements for redistricting from the state are more rigorous than the first time the city participated in redistricting. In response to Mayor Pro Tern Blackburn's inquiry, Assistant City Attorney McMahon explained that there is no state reimbursement for the redistricting expenses. In response to Mayor Hall's inquiry, Communications & Engagement Director Ray explained that in the expanded option the software used for the last redistricting will be available to the public again and two workshops will be scheduled to assist with how to use the tool. In response to Council Member Acosta's inquiry, Assistant City Attorney McMahon explained that the advantage is that with Option 3 Random Draw with Optional Variation there would be some consideration of qualifications, and that the Option 2 Random Draw would hold the lowest barrier application process and the least amount of qualifications. Council Member Acosta also suggested that the applicant be a five-year resident of the City of Carlsbad and to possibly consider non-adults. Mayor Hall suggested that party affiliation needs to be considered in order to have a fair outcome, a five-person commission should include two Republicans, two Democrats and one Independent and all should be registered voters. Mayor Hall also suggested that a seven- person commission should include two Republicans, two Democrats and three Independent registered voters. Council Member Bhat-Patel explained th.at she would not be voting in favor of Option 3 . Random Draw Optional Variation since it would be difficult to ensure that there would be May 11, 2021 Carlsbad City Council Regular Meeting Page 6 members from all generations and ethnicities including younger people. Council Member Bhat-Patel further expressed her support for the expanded outreach plan as it ensures that as many people as possible will be reached and engaged. Council Member Schumacher expressed that she will be supporting Option 2 Random Draw as well as the seven-member commission, registered or pre-registered voters, that she would be supportive with all Independent registered voters or an equal mix. Mayor Pro Tern Blackburn expressed his preference of Option 1 Independent Judges making the selections according to the city's preferences, and agrees with the seven -member commission, and prefers the age limit to be 18 years of age. Motion by Council Member Blackburn to select Option 1 Independent Judges, as well as a seven-member registered voter commission with an equal mix of Republican, Democrat and Independent political party voter registrations. In response to Mayor Pro Tern Blackburn's comment, Assistant City Attorney McMahon explained that there are many other types of political parties that do not fall within the Independent category. Council Member Acosta suggested requiring three years of residency in the City of Carlsbad as well as being a registered voter, and agreed to include all political party registrations. Mayor Hall agreed that requirements should be living in the city for at least three years, a seven-member commission, and refer to "Independent" registrations as "other" registrations. Council Member Schumacher requested that each district be represented by the majority of the political affiliation registration in that district. In response to the Council Member Schumacher, National Demographics Corporation demographer Douglas Johnson, explained that the political data website indicated that there is not a district in the City of Carlsbad that shows any one political party registration numbers being over 36%. Motion by Mayor Pro Tern Blackburn to select Option 2 Random Draw with requirements that include: • three years of being both a resident and registered voter of Carlsbad, • a commission consisting of seven-members including: o . two registered Republicans, o two registered Democrats, o and three of other political party registration, • and to include the extended outreach plan. May 11, 2021 Carlsbad City Council Regular Meeting Page 7 Council Member Bhat-Patel requested that the motion be amended to remove the requirement of being a registered voter in Carlsbad for three years to only being a resident of Carlsbad for three years. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to select Option 2 Random Draw, with requirements that include: • three years of being a Carlsbad resident, • a registered voter of Carlsbad, • a commission consisting of seven-members including: o two registered Republicans, o two registered Democrats, o and three of other political party registration, • and to include the extended outreach plan. A discussion ensued regarding the requirement of number of years being registered to vote with Mayor Pro Tern Blackburn explaining that he wanted to avoid someone registering to vote only for the benefit of applying for this commission. Council Members Acosta and Schumacher both agreed that the requirement of being registered to vote for three years should be removed to encourage young people to participate. Council Member Schumacher explained that there could be a random draw as to which district is drawn first, second, third and fourth. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat -Patel, to select Option 2 Random Draw, with requirements that include: • three years of being a Carlsbad resident, • a registered voter of Carlsbad, • a commission consisting of seven-members including: o two registered Republicans, o two registered Democrats, o and three other political party registration, • to include the extended outreach plan, • to perform a random draw to determine the order in which dist ricts will be drawn first, second, third and fourth. In response to Mayor Pro Tern Blackburn's suggestion, Assistant to the City Manager Cobian responded that time is of the essence and that there is a set timeframe to complete the redistricting, therefore bringing back issues with the draw would not be ideal. In response to Mayor Hall's suggestion that each district should include part of the coastline, Assistant City Attorney McMahon explained that the commission is independent and they have to follow the statutory criteria to create boundaries and that by asking them to meet a boundary requirement, the commission is no longer independent. May 11, 2021 Carlsbad City Council Regular Meeting Page 8 City Clerk Services Manager Medina inquired if the City Council would like to appoint four alternate commission members so that if a member was disqualified for any reason, an alternate could step in and replace them. In response to Council Member Bhat-Patel's inquiry, Assistant City Attorney McMahon explained that an alternate would step in if a commission member could no longer serve. Discussion ensured regarding how alternates would be chosen. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-109 selecting Option 2 Random Draw, with requirements that include: • three years of being a resident of Carlsbad, • a registered voter of Carlsbad, • a commission consisting of seven-members including: o two registered Republicans, o two registered Democrats, o and three other political party registration, • to perform a random draw to determine the order in which districts will be drawn first, second, third and fourth, • the selection of three alternates consisting of: o one registered Republican, o one registered Democrat, o and one of other political party registration, • and adopt Resolution No. 2021-110 to include the extended outreach plan. Motion carried unanimously, 5/0 Mayor Hall declared a recess at 4:49 p.m. Mayor Hall reconvened the meeting at 5:00 p.m. 9. PALOMAR AIRPORT ADVISORY COMMITTEE UPDATE AND INPUT TO THE COMMITTEE'S CARLSBAD RESIDENT REPRESENTATIVE -Receive a presentation from, and provide input to, Winthrop Cramer, the Carlsbad resident representative on the Palomar Airport Advisory Committee and provide input on matters pertaining to Palomar Airport. (Staff contact: Jason Haber, City Manager Department) City Manager's Recommendation: Receive the presentation and provide direction as appropriate. Intergovernmental Affairs Director Jason Haber introduced Palomar Airport Advisory Committee Carlsbad resident representative Winthrop Cramer who presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council received the presentation. May 11, 2021 Carlsbad City Council Regular Meeting Page 9 Council Member Schumacher thanked Committee Member Cramer for the update and requested he return periodically to provide updates or requests for guidance. Council Member Bhat-Patel thanked Committee Member Cramer for serving on the committee and requested a way to work with the committee or others in the region to add education on flight patterns. Mayor Pro Tern Blackburn explained that he is working on a way that when an aircraft does not follow the Voluntary Noise Abatement Program (VNAP), that the County will generate the registered information on the aircraft and pilot and the city may then send a letter signed by the City Council, asking the pilots to be friendly neighbors by following the VNAP. Council Member Acosta thanked Committee Member Cramer for his service and added that she would like to continue positive communication on how to serve the community together. Mayor Hall also thanked Committee Member Cramer for his job well done. Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, directing staff to return with an item that coincides with Committee Member Cramer's letter regarding the Palomar Airport Advisory Committee appointment process. Mayor Hall added that he would like details about adding takeoff and landing information to the motion. Council Member Schumacher explained that her motion is more narrow and only includes the appointment process and Committee Member Cramer's letter. Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, directing staff to return with an item that coincides with Committee Member Cramer's letter regarding the Palomar Airport Advisory Committee appointment process. Motion carried unanimously, 5/0. 10. FISCAL YEAR 2021-22 CITY COUNCIL GOAL WORK PLAN OPTIONS -1) Receive a report and presentation on potential work plan options; and 2) Adoption of Resolution No. 2021-111 approving the work plan and authorizing the use of General Fund reserves and other funding resources to achieve the City Council goal of "Bring the Fire Department into conformance with standards of cover evaluation." (Staff contact: Michael Calderwood, Fire) City Manager's Recommendation: Receive a report and adopt the resolution with the preferred work plan for incorporation. May 11, 2021 Carlsbad City Council Regular Meeting Page 10 Fire Chief Michael Calderwood, Assistant Fire Chief Nick Ordille and Senior Management Analyst Jennifer Marinov presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council received the report. In response to Council Member Schumacher's inquiry, Fire Chief Calderwood explained that with the contemplation of Fire Station No. 7, the Fire Department is asking to use the buildings from temporary Fire Station 2. Fire Chief Calderwood further explained that once those temporary buildings are no longer needed by Fire Station 2, they would be moved as temporary buildings for Fire Station No. 7, and having an ambulance at that location would be a slightly better option. Fire Chief Calderwood also explained that it would be better to pull Fire Station No. 4 from the options to then be able to use the money elsewhere in order to give a broad look at the Fire Department and the fire stations as a whole and prioritize the changes that need to be made. In response to Council Member Acosta's concerns regarding the impact of project time and availability of resources, Deputy City Manager of Public Works Paz Gomez confirmed that the construction of Fire Station No. 2 would be completed by January 2023 in District No. 4. In response to Mayor Pro Tern Blackburn and Mayor Hall's inquiries, Assistant Fire Chief Ordille explained the ongoing costs in fiscal years 2023 and 2024. Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to pursue Work Plan Option 1B. Council Member Bhat-Patel explained that she will be pursuing Option 1A in order to make sure the city is diversifying the work place. Substitute Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to select Work Option 1A. Motion carried unanimously, 5/0. Motion by Mayor Pro Tern Black, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-111. Motion carried, 5/0. 11. HOUSING COMMISSION AND PLANNING COMMISSION WORK PLAN ANNUAL REPORTS AND WORK PLANS -1) Adoption of Resolution No. 2021-112 accepting the 2020 Housing Commission Annual Work Plan Report, and approving the 2021 Housing Commission Work Plan; and 2) Adoption of Resolution No. 2021-113 accepting the Fiscal Year 2019-20 Planning Commission Annual Work Plan Report, and approving the Fiscal Year 2020-21 and 2021-22 Planning Commission Work Plans. (Staff contact: David de Cordova and Don Neu, Community Development) May 11, 2021 Carlsbad City Council Regular Meeting Page 11 City Manager's Recommendation : Adopt the resolutions. Development Director Jeff Murphy presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to add at least one joint meeting between the standing City Council Homeless Action Subcommittee and the Housing Commission as it pertains to both committees' missions on homelessness. Motion carried unanimously, 5/0. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-112 as amended and Resolution No. 2021-113. Motion carried unanimously, 5/0. 12. COVID-19 ECONOMIC RESPONSE ASSESSMENT AND RECOVERY IMPLICATIONS -1) Receive a report regarding the assessment of the city's economic response to COVID-19 and discuss insights and potential actions for an inclusive recovery; and 2) Discuss the recommendation from the Ad Hoc City Council Economic Revitalization Subcommittee to direct staff to return to the City Council with an action to create a standing economic development subcommittee; and 3) Adoption of Resolution No. 2021-114 approving COVID-19 economic recovery actions. (Staff contact: David Graham, Administrative Services Department) City Manager's Recommendation: Receive a report, discuss the recommendations from the Ad Hoc City Council Economic Revitalization Subcommittee, and adopt the resolution. Chief Innovation Officer David Graham, Economic Development Manager Matt Sanford, Cities GPS consultants Marek Gootman and Rachel Barker presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member Bhat-Patel gave a brief summary as to why the Ad Hoc City Council Economic Revitalization Subcommittee is requesting to create a standing economic development subcommittee in order to maintain partnership with the business community and to create a strategic plan. In response to Council Member Acosta's inquiry, Council Member Bhat-Patel confirmed that the subcommittee had spoken about being inclusive of women owned business and people from different backgrounds. In response to Council Member Acosta's comment, Economic Development Manager Sanford explained that the Economic Development division ensured that there was a significant amount of contribution toward the process and that it will be amplified even further in the future, including direct connection and solicitation for input with businesses and workers alike. May 11, 2021 Carlsbad City Council Regular Meeting Page 12 In response to Council Member Schumacher's inquiry, Chief Innovation Officer Graham explained that the recommendation was based on the engagement through business surveys, stakeholder meetings and business owners along with research of what other cities were doing. Chief Innovation Officer Graham further explained that additional residents were not · surveyed, but as a longer-term strategy, there could be additional work force, resident and business engagement performed. Council Member Schumacher expressed that there seems to be oversizing on the emphasis on economic development and that she has not heard from the community that this is something that they feel a fundamental need for and will not be supporting the approval of COVID-19 economic recovery actions at this time. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-114. Motion carried, 4/1 (Schumacher-No). Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, directing staff to return to the City Council with an action to create a standing City Council Economic Development Subcommittee. Motion carried unanimously, 5/0. 13. CITY COUNCIL DISCUSSION OF "THE CURE FOR RACISM IS CANCER" ARTICLE BY TONY HOAGLAND -That the City Council engage in a discussion regarding the article "The Cure for Racism is Cancer" by Tony Hoagland. (Staff contact: Sheila Cobian, City Manager Department) City Manager's Recommendation: Discuss the article. City Manager Scott Chadwick introduced the item. The following individual called into the City Council Meeting and voiced their comment for the record: Kelly LeBerthon spoke regarding the article "The Cure for Racism is Cancer. JI City Council Member discussion ensued with the City Council expressing their thoughts on the article "The Cure for Racism is Cancer. JI 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. Mayor Pro Tern Blackburn explained that he cannot continue attending the North County Dispatch Powers Authority meetings due to a scheduling conflict and is recommending that another Council Member be appointed to replace him. May 11, 2021 Carlsbad City Council Regular Meeting Page 13 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, directing staff to bring back an item to appoint a new Primary appointee to the North County Dispatch Joint Powers Authority. Motion carried unanimously, 5/0. Council Member Bhat-Patel announced that she and Mayor Pro Tern Blackburn engaged in a conversation with the community of Waters End where there was much discussion regarding the increased crime in the area, and they were able to clear up some miscommunication. Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, directing staff to bring back options on how to restrict overnight parking on Avenida Encinas and the surrounding areas. Motion carried unanimously, 5/0. CITY MANAGER COMMENTS: City Manager Chadwick announced that the virtual Homeless Town Hall meetings are scheduled as follows: District 1: Thursday, June 3 District 2: Tuesday, May 25 District 3: Monday, June 7 District 4: Wednesday, May 26 CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting in memory of Bill Dominguez and Rusty Gross at 7:29 p.m. ~J&tl~ Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk