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HomeMy WebLinkAbout2021-09-21; City Council; MinutesSept. 21, 2021 Carlsbad City Council Regular Meeting Page 2 1. LEASE AGREEMENT WITH MIRA COSTA COMMUNITY COLLEGE DISTRICT. FOR THE LAS PALMAS PROPERTY, LOCATED AT 2075 LAS PALMAS DRIVE -Adoption of Resolution No. 2021-211 authorizing the City Manager to execute a four-year, 364-day lease agreement with Mira Costa Community College District for APN 213-061-19-00, located at 2075 Las Palmas Drive. (Staff contact: Curtis Jackson, Real Estate) 2. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICE PROGRAM -Adoption of Resolution No. 2021-212 approving a Memorandum of Understanding between the City of Carlsbad and Carlsbad Unified School District for the School Resource Officer Program for the 2021-22 School Year. (Staff contact: Cindy Anderson, Police Department) This item was pulled for discussion by Mayor Pro Tem Blackburn. 3. COLLECTION OF CITY EMPLOYEE VACCINATION INFORMATION -Adoption of a resolution empowering the Director of Emergency Services to require the collection of city employee vaccination information to aid the city's COVID-19 pandemic planning, prevention, response and compliance efforts. (Staff Contact: Judy von Kalinowski, Administrative Services Department) CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: This item was pulled for discussion by Mayor Pro Tem Blackburn. 3. COLLECTION OF CITY EMPLOYEE VACCINATION INFORMATION -Adoption of a resolution empowering the Director of Emergency Services to require the collection of city employee vaccination information to aid the city's COVID-19 pandemic planning, prevention, response and compliance efforts. (Staff Contact: Judy von Kalinowski, Administrative Services Department) In response to Mayor Pro Tern Blackburn's inquiry, Human Resources Director Judy von Kalinowski confirmed that all bargaining units had been notified of the vaccination collection staff report and that there is currently no employee vaccination mandate. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item No. 3. The following individuals called into the City Council Meeting and voiced their comment for the record: Tracy Carmichael expressed her concerns with freedoms and liberties being taken away from the community. Kelly LeBerthon expressed the current state of emergency. Katie Taylor expressed her opposition to the collection of employee vaccination information. Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 3 Council Member Bhat-Patel stated for the record that she spoke to the Police and Fire associations, they had been previously informed about this item and were in agreeance to collecting vaccination information. Mayor Pro Tern Blackburn announced that he also spoke to the Police and Fire associations and although they are comfortable with the collection of information, they are not comfortable with a vaccination mandate. Human Resources Director von Kalinowski reported that the information is needed in case the state decides to mandate vaccines. She added that before that process begins, there will be a meet and confer process with each of the bargaining units. Mayor Pro Tern Blackburn withdrew his motion. Motion by Council Member Bhat-Patel, seconded by Mayor Hall, to approve Consent Calendar Item No. 3. Motion carried, 4/1 (Blackburn -No). ORDINANCES FOR INTRODUCTION: 4. ORDINANCE TO REPEAL CARLSBAD MUNICIPAL CODE CHAPTER 2.20 -CHIEF OPERATIONS OFFICER AND AMEND SECTION 2.12.025 -MANAGER PRO TEMPORE -ACTING CITY MANAGER -Introduction of Ordinance No. CS-403 repealing Chapter 2.20 and amending Section 2.12.025 of the Carlsbad Municipal Code. (Staff contact: Cindie McMahon, City Attorney Department and Sheila Cobian, City Manager Department) City Manager's Recommendation: Introduce the ordinance. The following individuals called into the City Council Meeting and voiced their comment for the record: Tracy Carmichael expressed that the City Clerk and City Treasurer is not listed on the organizational chart. City Attorney Brewer titled the ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-403. Motion carried unanimously, 5/0. ORDINANCE FOR ADOPTION: 5. ADOPTION OF ORDINANCE NO. CS-401-ESTABLISH A 45 MPH SPEED LIMIT ON POINSETTIA LANE FROM CASSIA ROAD TO EL CAMINO REAL-Adoption Ordinance No. CS-401 amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code Section 10.44.360 to establish a 45 miles per hour speed limit upon Poinsettia Lane from Cassia Road to El Camino Real. (Staff contact: Faviola Medina, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. City Attorney Brewer titled the ordinance. Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 4 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-401. Motion carried unanimously, 5/0. 6. ADOPTION OF ORDINANCE NO. CS-402 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 6.16 -NUISANCES -Adoption of Ordinance CS 402 amending Title 6, Chapter 6.16 of the Carlsbad Municipal Code concerning public nuisances. (Staff contact: Faviola Medina, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. City Attorney Brewer titled the ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Ordinance No. CS-402. Motion carried unanimously, 5/0. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: . 7. SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN -1) Receive an update on the draft Sustainable Materials Management Implementation Plan and, if desired, provide direction on the Policy Section, which includes options for bans on materials and disposal of certain materials; and 2) Adoption of Resolution No. 2021-214 directing staff to return to the City Council later this year with a final Sustainable Materials Management Implementation Plan and accompanying request for needed resources. (Staff contact: James Wood, Public Works) , City Manager's Recommendation: Receive the update and adopt the resolution. Environmental Management Director James Wood presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individuals called into the City Council Meeting and voiced their comment for the record: Tracy Carmichael requested that the item be continued to a future date in order to properly review the implementation plan. Surfrider San Diego Rise Above Plastics Co-Lead Janice Jones spoke regarding the harm that plastics play on the entire planet and asked the City Council to move forward with the implementation plan and to write a 11Skip the Stuff' single use ordinance. Educational Director and Founder for CleanEarth4Kids.Org Suzanne Hume expressed her support regarding educating the public to bridge the gap and protection of water, air, soil, children's health and future, food, and economy for tourism, and to approve a 11Skip the Stuff" ordinance. Kevin Lee spoke in support of Carlsbad taking action on eliminating plastics and a 11Skip the Stuff" ordinance. Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 5 President of Dr. Bronner's Mike Bronner of Vista expressed his support of the City Council taking action on single use plastics and reducing plastic waste and pollution in the community. Gretchen Geary expressed her concern regarding awareness of single use plastics and "Skip the Stuff" ordinance. Vanessa Forsythe expressed her support of the Sustainable Materials Management Plan, and the use of single use plastic ware and implementation of a "Skip the Stuff" ordinance. In response to Council Member Acosta's inquiry, Deputy City Manager of Public Works Paz Gomez explained that staff is seeking direction on the items to be included in the ordinance in regard to single use items. In response to Council Member Acosta's inquiry, HF&H Consultants, LLC Project Manager Nicole Gaetjens spoke regarding the City of Oceanside's voluntary compliance phased approach concerning single use plastics, and the City of Vista's two-phase approach that includes a "Skip the Stuff" type ordinance and a complete ban of polystyrene beginning in 2023. In response to Council Member Bhat-Patel's inquiry, Environmental Management Director Wood explained that the need for additional staff is to comply with SB 1383. In response to Council Member Bhat-Patel's inquiry, Project Manager Gaetjens confirmed that the most potential to affect greenhouse gas (GHG) would be the bans on plastics with the caveat that for some of the disposal bins. In addition, Environmental Management Director Wood explained that the department brought forward several options instead of a final plan in order to know the exact direction City Council wishes to go. In response to Council Member Bhat-Patel's inquiry, Environmental Management Director Wood explained the time limit on the education that can be done and the duration of the education. In response to Mayor Hall's inquiry, Environmental Management Director Wood explained that 55 businesses responded to the community survey on a variety of topics related to sustainable materials management, and that three businesses identified as restaurants. In response to Mayor Hall's inquiry, City Manager Chadwick explained that if additional outreach is requested, then there would be an additional budget request. In response to Council Member Bhat-Patel, Environmental Management Director Wood confirmed that SB 1383 is a mandatory state requirement and that additional staff could be added as they are needed. In response to Mayor Hall's earlier inquiry, Chief Innovation Officer David Graham explained that both the Carlsbad Chamber of Commerce and Carlsbad Village Association, as well as every business with a business license, were contacted regarding the survey encouraging them to participate. Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 6 In response to Council Member Bhat-Patel's inquiry, Environmental Management Director Wood explained that next steps would include staff bringing back a proposal either separately or with the revised Sustainable Materials Management Implementation Plan that allows the City Council to vote on moving the plan forward including' "Skip the Stuff," general bans, staffing needs, a plan for education and a timeline. Environmental Management Director Wood also explained that they would work with the Communications Department on the additional outreach. In response to Mayor Hall's inquiry, Environmental Management Director Wood explained that staff would bring back an update of the plan during City Council Goal Setting. Minute Motion by Council Member Acosta, seconded by Council Member Bhat-Patel, to direct staff return to the City Council with a proposal to proceed with recommended Policy No. 1, that includes a Skip the Stuff ordinance in the plan with a 12-month timeline that also includes: • reducing marine pollution and protecting wildlife from plastics that degrade into small pieces that are a'ccidentally ingested, • increasing city cleanliness and quality of life by reducing litter on city beaches and public areas, • stimulating the local economy by creating a more attractive environment for tourists, • reducing city costs for litter clean-up, • prohibiting the intentional release of balloons. Motion carried, 4/1 (Hall -No). Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, adopting Resolution No. 2021-214. Motion carried unanimously, 5/0. Mayor Hall declared a recess at 5:12 p.m. Mayor Hall reconvened the meeting at 5:20 p.m. 8. DECLARATION OF A CLIMATE EMERGENCY -Adoption of Resolution No. 2021-215 approving the declaration of a climate emergency. (Staff contact: James Wood, Public Works) City Manager's Recommendation: Adopt the resolution. Environmental Management Director James Wood presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individuals called into the City Council Meeting and voiced their comment for the record: On behalf of Sierra Club San Diego, Carl Aldinger expressed his concerns regarding greenhouse gases and urged the City Council to pass the climate emergency declaration and use it as a guide for all future policies. Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 7 Kevin Lee, on behalf of Dr. Bronner's, spoke in support of the declaration of a climate emergency to set the tone for local, state and national partners as well as the business community. Paige DeCino spoke in support of the resolution. Suzanne Hume, from CleanEarth4Kids.Org, spoke in support of the resolution joining 38 countries to take climate action to reduce greenhouse gases and toxic air and water pollution including using fossil fuels and burning wood. Kelly LeBerthon expressed her concern with the State of California's rising electric prices. Vanessa Forsythe expressed her support for the climate emergency resolution. Katie Taylor expressed her concern with the resolution, California's old water infrastructure, increased density, solar panels and wind turbines. In response to Council Member Bhat-Patel, Environmental Management Director Wood explained that there are no costs associated with the resolution. In response to Mayor Hall, Environmental Management Director Wood explained that there is no impact on businesses or residents, their property nor property rights. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-215. Motion carried, 4/1 (Hall -No). 9. CITY COUNCIL POLICY NO. 92 -ALLOCATION OF CITY RESOURCES RELATING TO COUNCIL MEMBER REQUESTS FOR COMMUNITY MEETINGS -Adoption of a resolution approving City Council Policy No. 92, Allocation of City Resources Relating to City Council Member Requests for Community Meetings. (Staff contact: Sheila Cobian, City Manager Department) City Manager's Recommendation: Adopt the resolution. Legislative and Constituent Services Director, Sheila Cobian, presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individuals called into the City Council Meeting and voiced their comment for the record: Tracy Carmichael expressed her concern with the item and expressed that this would be a waste of taxpayer money and staff time. In response to Council Member Norby's inquiry, City Manager Chadwick explained that the only time the policy applies would be if the City Council Member requested staff or consultants to attend a meeting to serve as subject matter experts, and if the city would end up bearing a cost, then those costs would need to be tracked and the employee compensated. Council Member Acosta expressed that City Council Members can have as many community meetings as they wish as it is their job to be communicative with their constituents. Council Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 8 Member Acosta asked that language be added to the policy that says, "public engagement efforts are welcome and encouraged." City Manager Chadwick responded that community meetings requesting that staff attend it would be a city sponsored event and the policy would not apply. In response to Council Member Acosta, City Manager Chadwick confirmed that if a Council Member asks to have a meeting with staff present, then the policy would be applied. City Manager Chadwick also emphasized that the city is not attempting restrict the level of engagement. Council Member Bhat-Patel explained that this policy was requested because of the community meetings that took place regarding homelessness in City Council Districts 3 and 4. Council Member Bhat-Patel suggested forming a City Council Code of Conduct for the Council Members to ensure that each City Council Member will not go into districts other than their own and to ensure that staff will not be overloaded with too many requests to attend meetings. In response to Mayor Hall's concern, Council Member Bhat-Patel explained that she asks her constituents not to ask political questions in the presence of staff and to contact her directly with their questions. · Mayor Pro Tern Blackburn explained that community meetings versus campaigning will always have some overlap and expressed his concern with having this policy .. Mayor Pro Tern Blackburn added that open communication between the City Council Member_s is all that is needed. Council Member Norby shared his concern about the five Council Members using the City Manager and City Attorney as the censor for the Council Member's requests for staff to attend their meetings, and explained that if there is good will and trust, a policy may not be needed. Council Member Acosta agreed with the City Council Code of Conduct and keep open lines of communication and forego the official policy unless conflict arises. Minute Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to add to the draft City Council Code of Conduct, that Council Members keep open communication with other Council Members when speaking or making presentations in other Council Members' districts. In response to Mayor Hall's inquiry, City Manager Chadwick explained that campaigning was outside the city's authority and cannot govern campaigning in a city district. City Attorney Brewer also explained that the scope of the draft City Council Code of Conduct does not govern campaign contributions or fund raising by City Council Members but governs the interaction of Council Members. Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 9 Minute Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, directing staff to add to the draft City Council Code of Conduct, that Council Members keep open communication with other Council Members when speaking or making presentations in other Council Members' districts. Motion carried unanimously, 5/0. 10. PURCHASE OF REAL PROPERTY IN THE NORTHEAST QUADRANT COMMONLY KNOWN AS THE RANCHO MILAGRO PROPERTY -Adoption of Resolution No. 2021-216 identifying the city's Real Estate Manager as the city's negotiator responsible for working with the representative · fpr Rancho Milagro, LLC, towards the purchase of real property commonly known as the Rancho Milagro property (APN 209-060-61) and directing staff to schedule a future City Council Closed Session item to provide direction and grant authority to its negotiator regarding the price and terms of payment for the purchase. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Adopt the resolution. Parks & Recreation Director Kyle Lancaster, presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Mayor Hall's inquiry regarding where the property w6uld be reallocated, Parks & Recreation Lancaster explained that there are 19 half-acre sites. Deputy City Manager of Community Services Barberio explained that there would be no concern about the loss of the · units until action was taken to rezone and re-general plan the 13.5 acre residential portion of the property to open space. Deputy City Manager Barberio also added that per two Senate bills, the city would need to do the rezoning concurrent with an increase of density on another property but does not need to be dealt with at tonight's meeting. In response to Mayor Hall's inquiry regarding a future road that was to go through the property, Deputy City Manager Barberio explained that there are currently no recorded final maps in the Sunny Creek area, but there is an approved tentative map but isn't necessary from a sub-division standpoint to provide access to other properties. In response to Mayor Hall's inquiry, Deputy City Manager Barberio explained that the neighboring residents on the southeast of the property were not sent a notice that the city may be inquiring about this property. In response to Council Member Acosta's inquiry, Deputy City Manager Barberio explained that 30 acres of the property has an open space zoning designation, but it is not considered preserved from a habitat management plan yet. In response to Mayor Hall's inquiry, Deputy City Manager Barberio explained that if a developer purchases the land and records the final map, they will be required to develop a habitat preserve management plan and endow the ongoing maintenance in perpetuity to the Habitat Management Plan (HMP) standards. ' Deputy City Manager Barberio explained that after Prop C was passed this site was not on the Open Space Committee's list, and since then, all 11 Sunny Creek properties were added to the list and this property was ranked number four by a past City Council. Deputy City Manager Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 10 Barberio also explained that this property is on the list that was approved by a past City Council, is consistent with the NCA City Lawsuit Settlement, and there is a willing seller. Deputy City Manager Barberio further explained that this will then be scheduled as a closed session item to discuss price and terms and conditions of an offer. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-216. Motion carried unanimously, 5/0. 11. SOUTH CARLSBAD BLVD PUBLIC ENGAGEMENT PLAN -1) Receive a report about public engagement in the creation of a vision for Carlsbad Boulevard south of Manzano Drive to La Costa Avenue as well as the design of a one-mile segment related to the South Carlsbad Boulevard Climate Adaptation Project; and 2) Provide direction to staff as desired. (Staff contact: Kristina Ray, Communications & Engagement) City Manager's Recommendation: Receive the report and provide direction to staff. Communications & Engagement Director Kristina Ray presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). City Council received the report. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve· staff's recommendation, with outreach that ensures the broadest possible participation in the creation of a coastal vision by providing multiple ways for stakeholders to engage in the visioning process and the design of the 1-mile project area and beginning the engagement plan in fall 2021 and concluding. in mid-2022, with a phased approach. Motion carried unanimously, 5/0. 12. MARY LUCID'S APPEAL OF THE FOURTH NOTICE OF SUSPENSION FROM THE CARLSBAD SENIOR CENTER -Adoption of Resolution No. 2021-217 denying the appeal and upholding the decision of the City Manager to suspend Mary Lucid from the Carlsbad Senior Center for a period of six months. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Adopt the resolution. City Manager Chadwick introduced the item and provided the order in which the item would take place. City Attorney Brewer provided a brief overview to the City Council of the respectful work place and non-discrimination policy as well as all employees' rights to work in a harassment free environment. Ms. Mary Lucid spoke to appeal the City Manager's decision to suspend her from the Senior Center. Motion by Council Member Norby, seconded by Council Member Bhat-Patel, to allow Ms. Lucid an extra minute to finish her statement. Motion carried 3/2 (Hall, Blackburn -No).