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HomeMy WebLinkAbout2021-08-17; City Council; ; District 1 City Council Vacancy Interview Questions and Appointment ProcedureCA Review CKM Meeting Date: Aug. 17, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Director of Legislative & Constituent Services sheila.cobian@carlsbadca.gov, 760-434-2917 Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 760-434-5989 Subject: District 1 City Council Vacancy Interview Questions and Appointment Procedure District: 1 Recommended Action By motion: 1. Select interview questions to be asked of District 1 City Council applicants at the Aug. 24, 2021, City Council meeting 2. Approve the interview and appointment process Executive Summary The City Council decided to appoint a successor after the resignation of the District 1 City Council member whose term expires with the November 2022 election. The application period closed Aug. 11, with 13 candidates applying. The City Council may now finalize the process for interviewing candidates and select the successor to serve the remainder of the term. Discussion At the City Council meeting held July 20, 2021, the City Council declared a City Council District 1 vacancy. At that meeting, the City Council gave direction to fill the vacancy by appointing a successor to serve the remainder of the term of the former City Council member. At the City Council meeting held July 27, 2021, staff provided options for the appointment process based on the direction provided at the July 20 City Council meeting. While refining the interview and appointment process, the City Council voted unanimously to direct staff to solicit topics from District 1 residents and then formulate potential questions to be asked of the District 1 City Council applicants. The oral responses will supplement the written responses in the applications. Staff accepted topics from July 28 through Aug. 10 at 5 p.m. (Exhibit 2). Aug. 17, 2021 Item #7 Page 1 of 7 Proposed questions The following questions were formulated by staff based on the topics received: • What policies do you feel would be most effective in balancing the need for growth with maintaining the community’s character? • What do you think the City of Carlsbad’s role should be in addressing the problem of homelessness? • What policies would you recommend to ensure Carlsbad’s coastline can be enjoyed by residents for generations to come? • District 1 residents submitted many topics they would like to see addressed. How would you decide where to focus given your limited time in office? In addition to those questions formulated by staff, at the July 27 meeting, the City Council approved the following hypothetical question to also be asked of each applicant at the Aug. 24 meeting: A local resident business owner in your district has submitted an application seeking approval for a gas station with a convenience store as part of a new development that includes both commercial and residential uses. The gas station is an allowable use subject to a conditional use permit. Several residents in your district have raised concerns about the gas station’s traffic, health and safety, land use, and aesthetic impacts. Analyses have concluded the gas station would not create negative impacts in these areas of concern. How would you go about making a decision on the local resident business owner’s application? Applicant interview and appointment procedure At the July 27 meeting, the City Council approved the following interview and appointment procedures for Aug. 24: • All applicants will be given an opportunity to address the City Council for five minutes, including answering a set of standard questions that will be provided in advance. • Applicants will be called to make a presentation in the order their applications were received. • The public may make comments at the meeting once all applicants have had an opportunity to speak. • After the conclusion of public comments, the City Clerk will provide five blank cards to each of the City Council members. • City Council members will write the names of their top five candidates in priority order on the cards. • The City Clerk will collect all of the cards and post them on a board next to the nominating City Council member’s name. • The candidates with the most nominations will be considered by a vote of the City Council. This process will continue until consensus is reached. Aug. 17, 2021 Item #7 Page 2 of 7 With the Aug. 24 meeting now scheduled to be virtual rather than in-person because of rising public health concerns and new guidance from the U.S. Centers for Disease Control, staff propose the following revised interview and appointment procedures: 1. The City Clerk will provide an overview of the interview procedure. 2. Members of the public may provide comments to the City Council, using the standard City Council comment process. 3. Applicants will be called to speak via Zoom video in the order their applications were received. 4. Applicants will be given two minutes to make opening remarks regarding their qualifications and interest in serving. 5. The City Clerk will ask the questions the City Council approved. 6. Applicants will be given two minutes to respond to each question. 7. After the conclusion of all interviews, the City Clerk will request that the City Council members email the City Clerk the applicants’ names in rank order one through 13 with number one being the best. (Each value may only be used once. See Exhibit 1 for sample email.) 8. The rank will be assigned a corresponding numerical value. (A ranking of 1 is equal to a value of 1, a ranking of 2 is equal to a value of 2, etc.) 9. Once City Council members have submitted their ranked lists, a recess will be called and the City Clerk will calculate the top five by combining rankings from all four City Council members. 10. The City Clerk will display individual ranked lists and the combined top five. 11. The City Council may move forward with voting on the top applicant at this time or continue to narrow the number of applicants by an additional round of ranking emails sent to the City Clerk. 12. The applicant whose ranking has the lowest numerical value will then be considered by a vote of the City Council. 13. This process will continue until consensus, three affirmative votes, is reached. Recommended procedures To ensure a fair and transparent interview and selection process, staff recommend the following procedures be followed: • The City Clerk will display a timer during each applicant’s interview. • The City Clerk will stop each candidate’s opening presentation at the two-minute mark and will reset the timer for two minutes after each question is asked of the applicants. • To further ensure equal time, City Council members will not ask follow-up questions or make comments during candidate interviews. • Candidates will be invited to practice using the Zoom platform so that they can familiarize themselves with the technology and make sure their internet connections are sufficient to avoid interruptions in the live stream. Candidates may request and be allowed to use a city-provided computer and a city-provided internet connection for the interview. • If technical problems arise during candidate interviews, the City Clerk will stop the interview and the timer until the problems are resolved. Aug. 17, 2021 Item #7 Page 3 of 7 Options To finalize the appointment process discussion, staff request direction on the following options: Interview questions Would the City Council like to approve the interview questions proposed by staff or direct staff to make changes to the interview questions? Would the City Council like the City Clerk to ask the questions or would the City Council prefer to each ask one of the questions? If the latter, how would the City Council like to assign questions to each City Council member? Process Would the City Council like to proceed with the ranking and voting process proposed by staff or direct staff to make changes to the process? All direction should be given by council motion. Fiscal Analysis This action has no fiscal impact. Next Steps Staff will implement City Council direction and issue a news release outlining the City Council’s approved appointment procedure to be followed at the Aug. 24 City Council meeting. Environmental Evaluation This action does not require environmental review because it does not constitute a “project” within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Public Notification and Outreach This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 24 hours before the scheduled meeting date. Exhibits 1. Sample email ranking applicants 2. Matrix of topics for questions collected July 28 - Aug. 10, 2021 Aug. 17, 2021 Item #7 Page 4 of 7 1 Council Member To:City Clerk Subject:Council Member ________ Applicant Ranking 1.Applicant D 2.Applicant A 3.Applicant J 4.Applicant M 5.Applicant H 6.Applicant K 7.Applicant I 8.Applicant F 9.Applicant L 10.Applicant G 11.Applicant C 12.Applicant E 13.Applicant B Exhibit 1 Aug. 17, 2021 Item #7 Page 5 of 7 Topic Question/Statement Provided by Resident HOMELESSNESS Homelessness Homelessness I would like to hear your attitude toward the homeless and what you would like to see happen Homelessness Solutions to the homeless issue Homelessness Homelessness The City had four district meetings on homelessness. Overwhelmingly, the community realizes there is a homeless problem; however, are not in favor of the voucher program. What good is it to have community input if our voices are not heard? Why are we allowing the Village to be overrun with homeless? Homelessness Are you willing to enact new city ordinances that would prevent homeless encampments and promote quality of life and a safety first agenda for the City of Carlsbad managing the individuals who are drug addicted & experiencing mental health problems on our city streets, parks, etc.? Homelessness Prevent homeless people from camping out overnight in parks and our beautiful beach boardwalk Homelessness Will you pursue actions that will allow CPD to take enforcement actions against homes who repeatedly refuse homes services but continue to violate state law and city ordinances? Will you pursue the establishment of appropriate "shelter" for the homeless (consistent with Martin v. Boise) to include tent shelters with centralized services, which if refused, will allow CPD to enforce camping and trespass violations? Will you ensure that a complete and transparent cost benefit analysis of our city expenditures related to homelessness (to include all city departments) will be maintained to ensure that taxpayer funds are being used effectively and efficiently? Homelessness Consider building a homeless shelter or buying a hotel or converting an under used commercial space into housing for the homeless population. Homelessness Please address a more effective way homelessness and the impact that it is having on public spaces like parks, sidewalks, parking lots with regards to public quality of life, nuisance, and safety. Homelessness The needs of the homeless must be balanced with the rights of residents who don’t want to see the degradation of the community by drug users, public defecation, and criminal activity. In your opinion, have things improved or worsened and what would be your next steps to support the community?Unauthorized RV parking along Avenida Encinas DEVELOPMENT State mandated high density Density of construction Where do you stand on the density of construction issue and the latest trend of developers to completely fill lot footprints. Preserving small-town characteristics of the Village & Describe your level of commitment to preserving remaining small-town characteristics of the Village and Barrio Architectural charm of village How would you keep the charm of the village with the three and four-story buildings that are going in? Preserving character of village against development efforts As a representative of District 1 which includes our village and barrio areas, how will you retain the character of Carlsbad against massive development efforts? Will you push back against any developers who do not stick to their plans and designs? Shoppes at Carlsbad What vision do you have for the Shoppes at Carlsbad mall area that respects the residents of District 1? Economic Development Encourage new and diverse small business in the village Development & Housing Consider low rise development vs high rise towers/Using underutilized commercial space for affordable housing/Creating pre-approved build-able ADU plans, similar to what Encinitas has done./Quickly establishing and approving building standards and not dragging this process on for months and years. Development in District 1 A building is approved in district 1 by both the planning commission & council. During construction, changes are clearly made so it is not what was approved. What is your course of action? TRANSPORTATION & PEDESTRIAN MOBILITY Traffic monitoring on PCH in 30 Safe Sidewalks & Pedestrian Pedestrian traffic improvements in the Village & Barrio More red curbs/New and improved crosswalks/adding more stop signs Transportation What is your position on SANDAG's initiative of 5 BIG moves & the tax implications to residents? E-Bikes Increasingly, groups of teens on E-bikes have been harassing residents in the village area and elsewhere. What will you do to eliminate this problem? Exhibit 2 Aug. 17, 2021 Item #7 Page 6 of 7 Topic Question/Statement Provided by Resident BEACHES Preserving resource of beach and ocean Please discuss your understanding, knowledge, commitment, and/or any plan to steward our part of the priceless resource of California beach and ocean Dogs on beaches Dogs are not to go on certain beaches and yet owners ignore this (to the detriment of certain native bird species), please address this issue. Beaches Preserve access to our beaches Dogs on beaches Problem of dogs on beaches is made worse by the City not enforcing the dog on beach laws. The state enforces the no dogs on the beach laws on their 6 or 7 miles of beach. This floods the 1 mile of Carlsbad beach with many dogs. I've counted as many as 40 dogs in one day. Isn't the City going to be responsible for a child being injured by an off leash dog? COVID RESPONSE COVID Response Do you support science-based facts as provided by the CDC, state and county as it pertains to the current pandemic and will adhere to guidelines like social distancing or mask mandates that will help us prevent the spread of the Delta Variant of the Coronavirus? Will you work to protect our younger children who cannot be vaccinated? COVID Response Will businesses remain open and will mask rules continue to be enforced in any inside venue? COVID Response 1) Will you support mandatory masking in all indoor public places, including restaurants, markets, shops? How will you enforce it? Will you prioritize the health of the community over business interests, which at times have run at cross purposes? What will you do to increase Carlsbad’s Covid vaccination rate? Have you been fully vaccinated? Will you require all city workers to be? RAILROAD CROSSINGS Railroad Trenching A timely and successful railroad trenching project Railroad Quiet Zone Will you be creating a Quiet Zone in Carlsbad Village, like Oceanside's Quiet Zone? Railroad Crossings Consider a tunnel or an at grade crossing or an over the tracks pedestrian bridge. CLIMATE CHANGE & RECYCLING Climate change preparedness Recycling Do you have innovative thoughts on increasing recycling? MISCELLANEOUS POLITICAL District Representation Given the major split in district one's "world view", how do you plan to be a spokesperson or representative of this diverse community even when you may NOT agree with some of your constituents? Will you be for ALL of district one, or just your group and if for all of us how do you plan on accomplishing that with the given tensions in the community? Conflict of Interests How will you square your role as a representative of District 1 with your role in meeting the interests and needs of Carlsbad as a whole? Political pressure As a short term member of council, how will you deal with intimidation by other council members, if as our representative, you disagree with their opinions. Conflicts of Interests If you are a member of the Noon Rotary Club, what assurance do we have that you will not join a voting block with other rotary members on the City Council to the detriment of District 1? Municipal Code Amendments Would you be willing to suggest to Council that the one year wait rule be abolished and if it is abolished, would you be able & willing to continue as a Council Member? Municipal Code Amendments Consistent with the application for appointment to this seat, do you believe that you are conflicted and thus unable to vote on any amendments to the municipal code section that bars the appointee to this seat from running for the seat in the 2022 election? Recall Efforts Do you support the recall of Gov. Newsom, and if so, please articulate why. Did you support the recall of Cori Schumacher, and again why. Aug. 17, 2021 Item #7 Page 7 of 7 Tammy Cloud-McMinn From: Sent: To: Subject: Council Internet Email Monday, August 16, 2021 4:36 PM City Clerk FW: appoint Gary Nessim to City Council District 1 From: Kevin Bender <kevinallanbender@gmail.com> Sent: Monday, August 16, 2021 3:52 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: appoint Gary Nessim to City Council District 1 Council members, I heartily encourage the Council to appoint Gary Nessim to the vacancy in District 1. All Receive -Agenda Item# 1 For the Information of the: _ pry_ ~OUNCIL Date8JJ..2/21 CA_ cc_ CM_ACM_DCM (3)_ He has the experience, judgment, expertise and people skills that Carlsbad needs in this vital leadership role. As a long-time resident of District 1, voter, former Carlsbad City employee and Historic Preservation Commission member, I have a great love of Carlsbad and am fiercely devoted to seeing only the best leaders represent my district and our city. Gary Nessim would make a fantastic City Council member. Thank you for your time and consideration. Kevin Bender Carlsbad, CA (760} 710-1422 kevinallanbender@gmail.com CAUTION: Do not o en attachments or click on links unless ou recognize the sender and know the content i safe. 1 District 1 City Council Vacancy Interview Questions & Appointment Procedure Sheila Cobian, Director of Legislative & Constituent Services Faviola Medina, City Clerk Services Manager Aug. 17, 2021 {city of Carlsbad Recommended Action 1.Select interview questions to be asked of District 1 City Council applicants at the Aug. 24 City Council Meeting 2.Approve the interview and appointment procedure ITEM #7: DISTRICT 1 CITY COUNCIL VACANCY {city of Carlsbad July 27 City Council Direction Solicit topics from District 1 residents for applicant questions: •What policies do you feel would be most effective in balancing the need for growth with maintaining the community’s character? •What do you think the City of Carlsbad’s role should be in addressing the problem of homelessness? •What policies would you recommend to ensure Carlsbad’s coastline can be enjoyed by residents for generations to come? •District 1 residents submitted many topics they would like to see addressed. How would you decide where to focus given your limited time in office. ITEM #7: DISTRICT 1 CITY COUNCIL VACANCY {city of Carlsbad Proposed Interview Procedure 1.City Clerk will provide overview of process at beginning of the meeting 2.Members of the public will have opportunity to comment 3.Applicants will be given two minutes to make opening remarks 4.City Clerk will ask the questions approved by City Council providing two minutes for response to each question 5.After conclusion of interviews, City Council will email the City Clerk the applicants’ names in rank order, one through 13 with number one being the best ITEM #7: DISTRICT 1 CITY COUNCIL VACANCY {city of Carlsbad Proposed Interview Procedure (continued) 6.Staff will display the City Council Members’ ranked email lists on the screen 7.A recess will be called so staff may calculate top five applicants to display on the screen 8.City Council may move forward with voting on top applicant or continue to narrow the number of applicants via additional round of rank voting 9.Applicant whose ranking has lowest numerical value will then be considered by a vote of the City Council 10.Process to continue until consensus is reached ITEM #7: DISTRICT 1 CITY COUNCIL VACANCY {city of Carlsbad Recommended Procedures •The City Clerk will display a timer during each interview •City Council will not ask follow-up questions or make comments during applicant interviews •Staff will invite all applicants to practice using Zoom platform in advance of Aug. 24 meeting •If technical problems arise, the City Clerk will stop the interview and timer until problems are resolved ITEM #7: DISTRICT 1 CITY COUNCIL VACANCY {city of Carlsbad Options for City Council Consideration Interview Questions Approve interview questions proposed by staff or direct staff to make changes? City Clerk to ask questions or City Council? Process Does City Council wish to proceed with ranking & voting process proposed by staff or direct staff to make changes? ITEM #7: DISTRICT 1 CITY COUNCIL VACANCY {city of Carlsbad Recommended Action 1.Select interview questions to be asked of District 1 City Council applicants at the Aug. 24 City Council Meeting 2.Approve the interview and appointment procedure ITEM #7: DISTRICT 1 CITY COUNCIL VACANCY I C {city of Carlsbad