Loading...
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