HomeMy WebLinkAbout2021-07-20; City Council; MinutesCITY COUNCIL
Special Meeting
Minutes
July 20., 2021, 6 p.m.
CALL TO ORDER: 6 p.m.
ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced the City Council is
serving as the Carlsbad Municipal Water District Board of Directors on Consent Item No. 2.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
ANNOUNCEMENT BY CITY MANAGER SCOTT CHADWICK: City Manager Scott Chadwick
explained that the city was notified that a vaccinated individual who tested positive for COVID-
19 was present at the July 13, 2021 City Council Meeting.
INVOCATION: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in Recognition of Lori Allen
Mayor Pro Tern Keith Blackburn read the proclamation and said a few words.
PUBLIC COMMENT:
Ken Leighton expressed his concern with a public comment speaker having been allowed to speak
on behalf of a group at the last council meeting. He also expressed his concern with future
development.
Barbara Campbell expressed her concerns with City Council Members, city staff, and the future of
the city.
Paige De Cino expressed her concern with the consequences of climate change and requested the
City Council vote in favor of a climate emergency resolution.
Lennie Arkans, speaking on behalf of Katie Taylor, thanked the City Council and expressed her
support of the City Council commencing with the process to fill the City Council District 1 vacancy.
DEPARTMENTAL AND CITY MANAGER REPORTS:
This Item was heard before the Consent Calendar.
5. VILLAGE & BARRIO MASTER PLAN AMENDMENT DISCUSSION -Receive a presentation on
options to address potential policy changes raised by the public during the adoption of the
July 20, 2021 Carlsbad City Council Special Meeting Page 2
2019 comprehensive update to the Village & Barrio Master Plan and provide direction as
appropriate. (Staff contact: Shelley Glenn~m, Community Development)
City Manager's Recommendation: Receive the presentation and provide direction as
appropriate.
Mayor Hall stepped down from the dais at 6:20 p.m. due to a potential conflict of interest.
City Council Members expressed their concern with voting on the item without a District 1
City Council representative.
In response to an inquiry from Mayor Pro Tern Blackburn, City Manager Chadwick explained
that there were no time-sensitive issues with the item that needed to be addressed before
the District 1 City Council Member seat is filled.
Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to
bring back the item when there is a District 1 City Council representative on the City Council.
Motion carried, 3/0/1 (Hall -Absent). ·
Mayor Hall returned to the dais at 6:23 p.m.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 2 through 3. Motion carried unanimously, 4/0.
Item No. 1 was pulled by a member of the public and Council Member Acosta
1. AGREEMENT WITH WESTON SOLUTIONS, INC. TO CONDUCT A BACTERIA SPECIAL STUDY IN
THE AGUA HEDIONDA LAGOON -Adoption of a resolution authorizing an agreement with
Weston Solutions, Inc. to provide professional services to conduct a bacteria special study in
the Agua Hedionda Lagoon in an amount not to exceed $148,907. (Staff contact: James Wood,
Public Works)
2. QUITCLAIM OF A WATER LINE FOR RAF PACIFICA GROUP FUSION LOCATED AT 1950 CAMINO
VIDA ROBLE -Adoption of Carlsbad Municipal Water District-Board of Directors Resolution
No. 1661 approving a quitclaim of a water line easement over Lots 33 and 34 of Map No.
11288 located at 1950 Camino Vida Roble, SDP 2019-0012, VAC 2020-0001. (Staff contact:
Kyrenne Chua, Community Development)
3. AGREEMENT WITH CALLAWAY GOLF COMPANY FOR APN: 212-270-08-00, COMMONLY
KNOWN AS THE CALLAWAY GOLF TESTING FACILITY PROPERTY-Adoption of Resolution No.
2021-173 authorizing the City Manager to execute a ten-year ground lease agreement with
Callaway Golf Company for APN: 212-270-08-00, commonly referred to as the Callaway Golf
Testing Facility Property. (Staff contact: Curtis Jackson, Community Services)
July 20, 2021 Carlsbad City Council Special Meeting Page 3
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
This item was pulled by a member of the public and Council Member Acosta.
1. AGREEMENT WITH WESTON SOLUTIONS, INC. TO CONDUCT A BACTERIA SPECIAL STUDY IN
THE AGUA HEDIONDA LAGOON -Adoption of Resolution No. 2021-172 authorizing an
agreement with Weston Solutions, Inc. to provide professional services to conduct a bacteria
special study in the Agua Hedionda Lagoon in an amount not to exceed $148,907. (Staff
contact: James Wood, Public Works)
Mary Anne Viney thanked staff for their efforts on working with the community regarding the
Agua Hedionda Lagoon monitoring program. She requested that staff provide a response
regarding signage.
In response to an inquiry from City Manager Chadwick, Council Member Acosta that
requested staff provide a brief presentation regarding this item.
Environmental Management Director James Wood presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Acosta, Environmental Management Director
Wood explained that the contractor's fees could potentially increase by 10% annually
depending on weather and additional sampling needed as it is an iterative process. He also
stated that the potential increase was negotiated as part of the contract.
In response to an inquiry from Council Member Bhat-Patel, Environmental Management ' .
Director Wood explained that staff will work toward and determine the best way to continue
to notify and inform community stakeholders.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item No. 1. Motion carried unanimously, 4/0.
ORDINANCES FOR INTRODUCTION:
4. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE SECTION 10.40.046 TO RESTRICT
OVERNIGHT PARKING ON AVENIDA ENCINAS -1) Introduction of Ordinance No. CS-398
amending Section 10.40.046 of the Carlsbad Municipal Code to establish no parking zones
along both sides of portions of Avenida Encinas, Macadamia Drive and Raintree Drive
between the hours of 11 p.m. and 5 a.m.; and .
2) Adoption of Resolution No. 2021-174 authorizing an appropriation of $17,100 from City
Council Contingency to the Police Department's Operating Budget for the cost of producing-
and installing no parking signs on Avenida Encinas to reflect the amendments to Title 10,
Chapter 10.40, Section 10.40.046 of the Carlsbad Municipal Code. (Staff contact: Steve
Thomas, Police Department and Allegra Frost, City Attorney's Office)
City Manager's Recommendation: Introduce the ordinance and adopt the resolution.
July 20, 2021 Carlsbad City Council Special Meeting Page4
Deputy City Attorney Allegra Frost and Police Lieutenant Steve Thomas presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Mayor Pro Tern Blackburn, Police Lieutenant Thomas explained
that restaurants, car dealerships, and business owners in the area expressed support of the
ordinance.
Mo~ion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, to introduce
Ordi,nance No. CS-398 and adopt Resolution No. 2021-174 to include a status report in six
months.
City Attorney Celia Brewer titled the ordinance.
Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, to i.ntroduce
Ordinance No. CS-398 and adopt Resolution No. 2021-174 to include a status report in six
months. Motion carried unanimously, 4/0.
ORDINANCE FOR ADOPTION: None.
PUBLIC HEARINGS: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Item No. 5 was heard before the Consent Calendar.
5. VILLAGE & BARRIO MASTER PLAN AMENDMENT DISCUSSION -Receive a presentation on
options to address potential policy changes raised by the public during the adoption of the
2019 comprehensive update to the Village & Barrio Master Plan and provide direction as
appropriate. (Staff contact: Shelley Glennon, Community Development)
City Manager's Recommendation: Receive the presentation and provide direction as
appropriate.
6. CONSIDERATION OF INFORMATION RELATED TO ACQUISITION OF THE PROPERTY LOCATED
AT 3140 HIGHLAND DRIVE, MORE COMMONLY KNOWN AS THE CULVER-MYERS-CAPP HOUSE
-Receive a report in response to the City Council's June 15, 2021, direction for staff to present
a report for City Council discussion regarding acquisition of the Culver-Myers-Capp house as
a historical site and provide direction to staff as appropriate. (Staff contact: Jeff Murphy,
Community Development)
City Manager's Recommendation: Receive the report and provide direction as appropriate.
Real Estate Manager Curtis Jackson presented the report and· reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Gary Nessim expressed his support of the city purchasing and preserving the home and
July 20, 2021 Carlsbad City Council Special Meeting Page 5
suggested to moving it to McGee Park.
Chad Majer expressed his support of the city purchasing the home and preserving the
property.
Mayor Hall expressed his interest in preserving the house.
In response to an inquiry from Council Member Acosta, Library and Cultural Arts Director
Suzanne Smithson explained that in the late 1980s, certain properties were designated as
historic sites, landmarks, or points of jnterests by a City Council resolution with voluntary
agreement by the property owners, but the properties were not actually acquired by the city.
In response to an inquiry from Council Member Acosta, Deputy City Manager Gary Barberio
explained that the city does not have a Mills Act Ordinance and would need to enact one first
to allow property owners to voluntarily enter a contract in exchange for a property tax
deduction to maintain and preserve the property for 10 years.
In response to an inquiry from Council Member Acosta, Deputy City Manager Barberio
explained that upkeep costs and funding sources were not explored as these were not
directed by the City Council. '
In response to an inquiry from Council Member Bhat-Patel, Deputy City Manager Barberio
explained that the Mills Act contracts are voluntary. He also explained that the purchase ·
change obligation is for the length of the contract.
Mayor Pro Tern Blackburn expressed his concern with the cost and timing of the project
without having a designated use for the property and requested staff discuss the owners'
interest in entering a Mills Act contract with the city while determining partners and funding.
In response to an inquiry from Mayor Pro Tern Blackburn, Deputy City Manager Barberio
explained that he wasn't familiar with the details of the Mills Act including restrictions or
removal of the structural home from the property. Real Estate Manager Curtis Jackson added
the home's fair market value may be impacted by entering a Mills Act contract.
Mayor Hall requested City Council Members visit the property.
Minute Motion by Mayor Hall directing staff to work with the Historical Preservation
Committee and return with options on how to work with the community on the
acquisition or preservation of the Culver-Myers-Capp House.
In response to an inquiry from Mayor Pro Tern Blackburn, Deputy City Manager Barberio ·
explained that general costs associated with adopting a Mills Act ordinance.
Minute Motion by Mayor Hall, seconded by Council Member Bhat-Patel, directing staff to
work with the ~istorical Preservation Committee and return with options on how to work
July 20, 2021 . Carlsbad City Council Special Meeting Page6
with the community on the acquisition or preservation of the Culver-Myers-Capp House.
Motion carried unanimously, 4/0.
Minute Motion by Mayor Hall, seconded by Council Member Bhat-Patel, directing staff to
bring back information to the City Council regarding the adoption of the Mills Act. Motion
carried unanimously, 4/0.
Council received the report.
7. DECLARE THE EXISTENCE OF A CITY COUNCIL DISTRICT NO. 1 VACANCY AND CONSIDER
OPTIONS TO FILL THE VACANCY -1) Adoption of Resolution No. 2021-175 declaring the
existence of a City Council District No. 1 Vacancy; and
2) Adoption of a resolution calling for a special election on Tuesday, April 12, 2022, for the
election of a City Council Member -District No. 1 for a term ending November 2022 as
required by the provisions of the laws of the State of California relating to charter cities; and
3) Adoption of a resolution requesting consolidation services from the San Diego County
Registrar of Voters for the April 12, 2022, Special Election; and
4) Adoption of a resolution adopting regulations for candidates for elective office pertaining
to candidates' statements submitted to the voters at the Special Election to be held in the
City of Carlsbad on Tuesday, April 12, 2022. (Staff contact: Faviola Medina, City Clerk
Department)
City Manager's Recommendation: Receive the report, adopt the resolutions and provide
direction as appropriate.
Assistant City Attorney Cindie McMahon and City Clerk Services Manager Faviola Medina
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Hope Nelson expressed her support for filling the District 1 City Council seat vacancy by
appointment due to the cost savings.
Sherry Alvarado expressed her support for filling the District 1 City Council seat vacancy by
appointment and changing the Municipal Code provision that prevents the appointee from
being eligible to seek election for the same office until one year after the appointment ends.
Ellie Arkans expressed her support for filling the District 1 City Council seat vacancy by
appointment and suggested appointing one of the 2019 District 1 City Council candidates to
fill the vacancy.
Tracy Carmichael expressed her support for filling the District 1 City Council seat vacancy by
appointment and changing the Municipal Code provision that prevents the appointee from
being eligible to seek election for the same office until one year after the appointment ends.
Arnie Cohen expressed his support for filling the District 1 City Council seat vacancy by
July 20, 2021 Carlsbad City Council Special Meeting Page7
appointment due to the cost savings and to prevent deferring further District 1 business.
Chad Majer expressed his support for filling the District 1 City Council seat vacancy by
appointment.
In response to an inquiry from Mayor Pro Tern Blackburn, City Clerk Services Manager Medina
confirmed there are approximately five months between elections due to the time it takes
for the San Diego County Registrar of Voters to certify the vote.
In response to an inquiry from Council Member Acosta, City Attorney Celia Brewer provided
an overview of the city's past experience with the appointment process after the resignation
of Council Member Farrah Douglas.
In response to an inquiry from Council Mem~er Bhat-Patel, City Attorney Celia Brewer
explained that she believed candidates had five minutes to speak during the interview
process. Council Member Bhat-Patel requested that if the appointment process is selected,
that a question asked of the candidates be what their decision-making process looks like and
why they came to that conclusion to give residents the opportunity to hear and reflect on the
response.
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Brewer explained
that there would not be an issue with the City Council directing staff to return with an item
changing the Municipal Code section regarding an appointee's ineligibility to seek election
for the same office until one year after the appointment ends.
In response to an inquiry from Council Member Acosta, Mayor Pro Tern Blackburn explained
that as a member of the Carlsbad Municipal Code and City Council Policy Update
Subcommittee, he did not anticipate this scenario, and would not have voted that way
knowing what he knows now. He added that the City Attorney was present at the time and
that the group weighed the pros and cons of several factors.
In response to an inquiry from Council Member Acosta, Assistant City Attorney McMahon
explained that the provision was not the main focus of the ordinance as a whole and that
other revisions were weighed more than the time ineligibility provision.
In response to an inquiry from Council Member Bhat-Patel, Assistant City Attorney McMahon
explained that the time ineligibility provision was based on an ordinance by the City of Chula
Vista but is unaware of their experience with the provision.
Mayor Hall requested that if the appointment process is selected, that a question asked of
the candidates be how they've collaborated in the community and brought those with
opposing views together.
In response to an inquiry from Council Member Acosta, City Clerk Services Manager Medina
explained the 2019 appointee application process was similar to that of the city's Boards &
July 20, 2021 Carlsbad City Council Special Meeting Page8
Commissions application process, however, City Council can include additional questions.
In response to an inquiry from Mayor Pro Tern Blackburn, Assistant City Attorney McMahon
explained that if the ordinance change were to be voted on in favor of removing the time
ineligibility provision and went into effect after an appointment was made, the appointee
would be eligible to seek election for the same office within one year after the appointment
ends.
Motion by Mayor Pro Tern Blackburn to begin the process to change the Municipal Code
provision that prevents the appointee from being eligible to seek election for the same office
until one year after the appointment ends. Motion failed for lack of a second.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-175 and begin the appointment process. Motion carried unanimously,
4/0.
In response to an inquiry from City Manager Chadwick, Council Member Bhat-Patel confirmed
that she agrees that each Council Member can submit a question to the City Attorney that
they wish to see the applicant answer on the application.
City Attorney Brewer explained that City Council Members would need to provide their
hypothetical questions to include on the application to the City Attorney's office by Thursday
July 22, 2021 at 10 a.m.
Minute motion by Council Member Bhat-Patel, seconded by Council Member Acosta,
directing staff to include in the appointment process an application, schedule one-on-one
interviews with each City Council Member and the Mayor, hypothetical questions that
illuminate the applicant's decision-making and passion to serve the community, a five-minute
speaking time the night of the interview, and rank-choice voting. Motion carried
unanimously, 4/0.
8. CITY COUNCIL REGIONAL COMMITTEE AND SUBCOMMITTEE APPOINTMENTS -1) Adoption
of Resolution No. 2021-176 suspending the Homeless Action Subcommittee and the Carlsbad
Municipal Code and City Council Policy Update Subcommittee; and
2) Adoption of a resolution appointing members of the City Council to the San Diego
Association of Governments Board of Directors; and
3) Adoption of a resolution appointing members of the City Council to the San Diego
Association of Governments Shoreline Preservation Working Group; and
4) Adoption of a resolution appointing members of the City Council to the North County
Transit District Board of Directors; and
5) Adoption of a resolution confirming the Mayoral appointment of a member of the City
Council to the San Diego County Water Authority Board of Directors; and
6) Adoption of a resolution appointing members of the City Council to the Clean Energy
Alliance Joint Powers Authority Board of Directors; and
July 20, 2021 Carlsbad City Council Special Meeting Page9
7) Adoption of Resolution No. 2021-177 confirming the Mayoral appointments of members
of the City Council to the various regional committee assignments; and
8) Adoption of a resolution confirming the Mayoral appointments of members of the City
Council to the various subcommittee assignments. (Staff contact: Faviola Medina, City Clerk
Department)
City Manager's Recommendation: Receive the presentation and adopt the resolutions.
Assistant City Attorney Cindie McMahon and City Clerk Services Manager Faviola Medina
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
Council Member Acosta expressed her support for staff recommendation Option 1 to reassign
those positions left vacant by Council Member Schumacher's resignation. She also expressed
interest in serving as the Primary for the League of California Cities San Diego Division
Regional Assignment.
Mayor Pro Tern Blackburn expressed support for staff's recommendation to suspend both
subcommittees. He also suggested the vacant Encina Joint Powers Committee and Encina
Wastewater Authority Board of Directors positions remain vacant until the District 1 City
Council Member is appointed.
Mayor Hall expressed interest in serving on the Buena Vista Lagoon Joint Powers Committee.
Council Member Bhat-Patel offered to serve as the alternate on the North County Dispatch
Joint Powers Authority.
Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2021-
176. Motion carried unanimously, 4/0.
Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2021-
177 confirming the Mayoral appointments of members of the City Council to the various
regional committee assignments pursuant to Government Code §40605. Motion carried
unanimously, 4/0.
Assignment Appointee
North County Mayors and Managers Matt Hall
Buena Vista Lagoon JPC Keith Blackburn
Buena Vista Lagoon JPC Matt Hall
Chamber of Commerce Liaison Matt Hall
Chamber of Commerce Liaison (Alternate) Teresa Acosta
City/School Committee ' Priya Bhat-Patel
July 20, 2021 Carlsbad City Council Special Meeting
City/School Committee
Encina Joint Powers (JAC)
Encina Joint Powers (JAC)
Encina Wastewater Authority Board of Directors
Encina Wastewater Authority Board of Directors
Encina Wastewater Authority Board of Directors (Alternate)
League of California Cities -San Diego Division
League of California Cities -San Diego Division (Alternate)
North County Dispatch Joint Powers Authority
North County Dispatch Joint Powers Authority (Alternate)
Mayor Hall dec/ared a recess at 8:18 p.m.
Mayor Hall reconvened the meeting at 8:23 p.m.
Page 10
Teresa Acosta
Keith Blackburn
Vacant
Keith Blackburn
Vacant
Teresa Acosta
Teresa Acosta
Priya Bhat-Patel
Keith Blackburn
Priya Bhat-Patel
9. DISCUSS NEXT STEPS FOR CITY COUNCIL STRATEGIC PLAN, INCLUDING OPTIONS FOR
RESIDENT SURVEY -Receive an update relating to the City Council strategic planning process
and options for conducting a resident survey and provide direction to staff as appropriate.
(Staff contact: Sheila Cobian, City Manager Department and Kristina Ray, Communication &
Engagement Department)
City Manager's Recommendation: Receive the update and provide direction as appropriate.
Communication & Engagement Director Kristina Ray and Legislative Affairs Director Jason
Haber presented the report and reviewed a PowerPoint presentation (on file in the Office of
the City Clerk).
Council discussion ensued reg~rding the timeline and language to address the scope of
community goals.
Council concu~rence was established regarding envisioning a long-term plan and revisiting
benchmarks every five years.
Council discussion ensued regarding survey design, timeline, and engagement.
Council concurrence was established regarding a scientific survey design after the 2021
California Gubernatorial Recall Election takes place and the COVID-19 pandemic subsides.
Council directed staff to continue the strategic plan to Fall 2021 and conduct a scientific-
based resident survey in mid-January 2022.
July 20, 2021 Carlsbad City Council Special Meeting Page 11
Council received the update.
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 Council congratulated Police Chief Neil Gallucci on his retirement and thanked him for his
service as well as congratulated Assistant Police Chief Mickey Williams on his upcoming
promotion to Police Chief.
In response to an inquiry from Council Member Bhat-Patel, City Manager Chadwick explained
that there are several potential dates to hold a City Council special meeting for consideration of
an appointment. City Attorney Brewer added that decisions regarding the appointment can be
made at a special meeting.
ANNOUNCEMENTS: None.
CITY MANAGER COMMENTS: City Manager Chadwick thanked City Council for the discussion
and staff for their efforts. He also congratulated Police Chief Neil Gallucci on his retirement and
Assistant Police Chief Mickey Williams for his upcoming promotion to Police Chief and stated that
community meetings will be scheduled in each district to give residents the opportunity to meet
the incoming Police Chief.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 9:21 p.m.
~fuAYJjD
Mia De Marzo
Deputy City Clerk