HomeMy WebLinkAbout2021-07-27; City Council; MinutesCITY COUNCIL
Minutes
July 27, 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. 4.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer explained
that there was no reportable action.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in Recognition of Traffic and Mobility Commissioner Chuck Hunter
Mayor Hall announced that the proclamation was being continued to the meeting of Aug. 17,
2021.
PUBLIC COMMENT:
Noel Breen expressed his concern with an article in the Voice of San Diego and campaign finance
reform.
Pierre Cochet-Weinandt expressed his concern over the personal attacks on social media toward
Cori Schumacher.
Charles Lehr expressed his opinion of the vote that occurred on April 6, 2021 regarding Site 13.
Angela Derby expressed her concern about the misguided rumors that are being spread regarding
the men in Carlsbad named in the law suit.
Hannah Katz shared a way to unite Carlsbad and her concern over the suicide statistics between
ages 10 and 24 being the second leading cause of death. Ms. Katz expressed her desire to make
Carlsbad the first blue ribbon city in the world and the event scheduled for Aug. 18, 2021 at Gelato
Love.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 through 6. Motion carried unanimously, 4/0.
July 27, 2021 Carlsbad City Council Regular Meeting Page 2 1
1. ADVERTISE FOR BIDS FOR THE CARLSBAD POLICE AND FIRE HEADQUARTERS RENOVATION
PROJECT, CIP PROJECT NO. 4715-Adoption of Resolution No. 2021-178 approving the plans,
specifications and contract documents and authorizing the City Clerk to advertise for bids for
the Carlsbad Police and Fire Headquarters Renovation Project, CIP Project No. 4715. (Staff
contact: Steven Stewart, Public Works and Mickey Williams, Police Department)
2. SAN DIEGO GAS & ELECTRIC SAVINGS BY DESIGN PROGRAM FOR THE POLICE AND FIRE
HEADQUARTERS RENOVATION PROJECT, CIP PROJECT NO. 4715 -Adoption of Resolution No.
2021-179 authorizing the Deputy City Manager, Public Works to execute an agreement for
participation in the San Diego Gas & Electric Savings by Design Program for the Police and
Fire Headquarters Renovation Project, CIP Project No. 4715. (Staff contact: Steven Stewart,
Public Works and Mickey Williams, Police Department)
3. APPROPRIATE $1,776,000 IN CALTRANS ACTIVE TRANSPORTATION PROGRAM GRANT
FUNDING FOR THE AVENIDA ENCINAS COASTAL RAIL TRAIL AND PEDESTRIAN
IMPROVEMENTS PROJECT, CIP PROJECT NO. 6004 -Adoption of Resolution No. 2021-180
authorizing the City Manager to accept and appropriate the California Department of
Transportation Active Transportation Program grant for construction of the Avenida Encinas
Coastal Rail Trail and Pedestrian Improvements Project, CIP Project No. 6004, and authorizing
the City Manager to execute all necessary grant documents. (Staff contact: Nathan Schmidt
and Tom Frank, Public Works)
4. AWARD OF CONTRACT TO C.C.L. CONSTRUCTION, INC. FOR CONSTRUCTION OF THE
ALTAMIRA WATER MAIN RELOCATION PROJECT. CIP PROJECT NO. 3904-F -Adoption of a
Carlsbad Municipal Water District Board of Directors Resolution No. 1662 adopting the plans
and specifications, accepting bids and awarding a construction contract to C.C.L.
Construction, Inc. for construction of the Altamira Water Main Relocation, CIP Project No.
3904-F, in an amount not to exceed $209,600. (Staff contact: Vicki Quiram and Dave Padilla,
Public Works)
5. FISCAL YEAR 2020 ·URBAN AREA SECURITY INITIATIVE GRANT PROGRAM -Adoption of
Resolution No. 2021-181 accepting funds for Fiscal Year 2020 Urban Area Security Initiative
Grant Fund Program. (Staff contact: Nate Pearson, Fire Department)
6. LEASE AGREEMENT WITH NEW VILLAGE ARTS TO OPERATE A THEATER AND ARTS FACILITY AT
2787 STATE STREET -Adoption of Resolution No. 2021-182 authorizing the City Manager to
execute a ten-year lease agreement, with two, five-year extension options, with New Village
Arts to operate a theater and arts facility at 2787 State Street, commonly known as the Bauer
Lumber building; appropriate $613,000 from the general capital construction fund to the
project; and execute a construction agreement with NVA that will detail the terms of
reimbursement for the city's portion of the tenant improvement project. (Staff contact: Curtis
Jackson, Community Services Department)
ORDINANCES FOR INTRODUCTION: None.
July 27, 2021 Carlsbad City Council Regular Meeting Page 3
ORDINANCE FOR ADOPTION:
7. ORDINANCE NO. CS-398 AMENDING CARLSBAD MUNICIPAL CODE SECTION 10.40.046 TO
RESTRICT OVERNIGHT PARKING ON AVENIDA ENCINAS -Adoption 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. (Staff contact: Faviola Medina, City Clerk's
Department)
City Manager's Recommendation: Adopt the ordinance.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-398. Motion carried unanimously, 4/0.
PUBLIC HEARINGS:
8. 2021 HAZARD REDUCTION COST REPORT -Adoption of Resolution No. 2021-183 accepting
the 2021 Hazard Reduction Cost Report and directing the City Clerk to file a certified copy of
the resolution and report with the San Diego County Auditor. (Staff contact: Randy Metz, Fire
Department)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolution.
Fire Prevention Specialist II Medi Maldonado 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 6:21 p.m.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:21
p.m.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Resolution No. 2021-183. Motion carried unanimously, 4/0.
9. A PROPOSED FOUR-UNIT RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT LOCATED AT 635
PINE AVENUE-Adoption of Resolution No. 2021-184 approving a Site Development Plan and
Tentative Parcel Map to demolish an existing single-family home and construct a four-unit
residential air-space condominium on a 0.19-acre site located at 635 Pine Avenue in the Pine-
Tyler Mixed-Use District of the Village and Barrio Master Plan and within Local Facilities
Management Zone 1. (Staff contact: Esteban Dana, Community Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolution.
. -1
July 27, 2021 Carlsbad City Council Regular Meeting Page 4
Mayor Hall left the dais at 6:22 p.m. due to a conflict of interest.
Associate Planner Esteban Danna and City Planner Don Neu presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Pro Tem Blackburn opened the duly noticed Public Hearing at 6:27 p.m.
Hearing no one wishing to speak, Mayor Pro Tem Blackburn closed the duly noticed Public
Hearing at 6:27 p.m.
Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, to approve
Resolution No. 2021-184. Motion carried, 3/1 (Hall -Absent).
Mayor Hall returned to the dais at 6:34 p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. SEMIANNUAL TRANSPORTATION REPORT-Receive a semiannual transportation report and
provide direction to staff as appropriate. (Staff contact: Tom Frank, Public Works)
City Manager's Recommendation: Receive the report and provide direction as appropriate.
Transportation Director Tom Frank presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Traffic & Mobility Commission Chair Mona Gocan spoke on behalf of the Traffic & Mobility
Commission.
Council received the report.
11. TRAFFIC AND MOBILITY COMMISSION WORK PLAN FOR FISCAL YEAR 2021-22 -Adoption of
Re.solution No. 2021-185 approving the Traffic and Mobility Commission Work Plan for Fiscal
Year 2021-22. (Staff contact: Nathan Schmidt, Public Works)
City Manager's Recommendation: Adopt the resolution.
Transportation Director Tom Frank and Transportation Planning & Mobility Manager Nathan
Schmidt presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
Traffic & Mobility Commission Chair Mona Gocan spoke on behalf of the Commission.
In response to Mayor Hall's inquiry, City Attorney Brewer explained that the Traffic Impact
Fee is established pursuant to the Carlsbad Municipal Code and has a 2% per year escalator
built in as an annual adjustment. City Attorney Brewer also explained that San Diego
Association of Governments (SAN DAG) also has a model and that both methods need to be
July 27, 2021. Carlsbad City Council Regular Meeting Page 5
updated. Transportation Planning & Mobility Manager Schmidt also explained that the
update to the process would be substantial as the last update was in 2008.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Resolution No. 2021-185. Motion carried unanimously, 4/0.
Mayor Hall called a recess at 7:02 p.m.
Mayor Hall reconvened the meeting at 7:12 p.m.
12. FISCAL YEAR 2021-22 INTERNAL AUDIT PLAN -Adoption of Resolution No. 2021-186
approving the Fiscal Year 2021-22 Internal Audit Plan. (Staff contact: Robert Threatt and Laura
Rocha, Administrative Services Department)
City Manager's Recommendation: Adopt the resolution.
Deputy City Manager of Administrative Services Laura Rocha arid Internal Auditor Robert
Threatt presented the report and reviewed a PowerPoint presentation (on file in the Office
of the City Clerk).
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Resolution No. 2021-186. Motion carried unanimously, 4/0.
13. APPOINTMENT PROCESS FOR CITY COUNCIL DISTRICT NO. 1 VACANCY -By minute motion:
1) Approve the application and procedures for the appointment process and provide
direction as necessary; and
2) Approve adjusting the Aug. 24, 2021, City Council meeting to begin at 4 p.m. andto be held
in person in the City Council Chamber. (Staff contact: Faviola Medina, City Clerk's
Department, Sheila Cobian, City Manager's Department and Cindie McMahon, 'City Attorney's
Office)
City Manager's Recommendation: Make the minute motion.
City Clerk Services Manager Faviola Medina, Director of Legislative & Constituent Services
Sheila Cobian and Assistant City Attorney Cindie McMahon presented the report and
reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Michael Schertzer expressed his concern with voters understanding the application process.
He added that the process should be transparent, easy to understand and communicative.
Jan-Neff Sinclair expressed her concern with District 1 resident's representation and explained
that the interview process should be transparent.
Elizabeth Banks expressed (1er concern regarding the transparency of the District 1 Council
appointment interviews.
July 27, 2021 Carlsbad City Council Regular Meeting Page 6
TJ Childs expressed her concern with the lack of transparency by conducting one-on-one
interviews.
Hope Nelson expressed her concern regarding perception, level of trust and transparency.
In response to an inquiry from Council Member Bhat-Patel, Director of Legislative &
Constituent Services Cobian confirmed that the City Council can require applicants to submit
a resume with their applications.
In response to an inquiry from Mayor Hall, City Attorney Celia Brewer explained that the
Carlsbad Municipal Code could be changed at any time to allow the new District 1
representative to be permitted to run for City Council in 2022. City Attorney Brewer added
that it could be seen as impropriety by the community based on perception.
Minute Motion by Council Member Acosta, seconded by Council Member Bhat-Patel, to
conduct District 1 Council Member applicant interviews in person at the scheduled City
Council meetings. Motion carried, 3/1 (Hall -No).
Council Member Acosta suggested adding language to the application stating that the
applicants agree to abide by the Carlsbad Municipal Code conditions upon which they are
appointed.
Council Member concurrence to approve the application and process procedures to include
holding interviews in person at a City Council Meeting, allowing applicants a five-minute
introduction, three minutes to answer questions, a two-minute closing, and adding language
to the application regarding abiding by the Carlsbad Municipc;1I Code for the appointment
process.
Minute Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to
require the Fair Political Practices Commission (FPPC) Form 700 be submitted with the
application. Motion carried unanimously, 4/0.
In response to Mayor Hall's inquiry, City Attorney Brewer explained that questions that will
be asked of the applicants will be standardized and screened by staff by early submittal and
for content to confirm that they are appropriate in content.
Discussion ensued amongst the City Council Members regarding questions to be asked of the
applicants, including a set time limit for each answer.
City Council concurred to allow District 1 residents to submit topics by August 10. Director of
Legislative and Constituent Services Cobian explained that the City Clerk's Office would
present the topics received from the residents to the City Council on a spreadsheet.
In response to City Clerk Services Manager Medina's inquiry, City Council also concurred that
applicants will be required to submit their address as verification that they live in District 1.
c-
July 27, 2021 Carlsbad City Council Regular Meeting Page 7
Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to
hold the Aug. 24, 2021, City Council meeting at 4 p.m. and in person in the City Council
Chamber. Motion carried unanimously, 4/0.
With City Council concurrence, Assistant City Attorney McMahon confirmed that the
language on the application would be changed to read as follows:
• "I acknowledge that if appointed to fill the District 1 Council seat for a term ending
with the Nov. 2, 2022 election, I will not be eligible to run for that seat in the
November 2022 election per Carlsbad Municipal Code section 2.04.110."
• "I further agree to abide by the provisions of this code section as it exists at the time
of my appointment."
Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel to:
• add resume or biography requirement to application;
• to edit the language on the first page of the application to address the election issue;
• to require abiding by the provisions of the Municipal Code in existence at the time of
the appointment;
• and to solicit topics from District 1 residents for inclusion in the questions of the
applicants due August 10 which will be compiled and presented to the City Council at
the August 17 City Council meeting.
Motion carried unanimously, 4/0.
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.
ANNOUNCEMENTS: None.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting in memory of Richard Norman
at 8:33 p.m.
.
\~/efl--~
Tamara R. McMinn, CPMC, CMC
Senior Deputy City Clerk
\