HomeMy WebLinkAbout2021-09-14; City Council; MinutesSept. 14, 2021 Carlsbad City Council Regular Meeting Page 2
' 1. REPORT ON CITY INVESTMENTS AS OF JULY 31, 2021 -Accept and file a report on city
investments as of July 31, 2021. (Staff contact: Craig Lindholm and Laura Rocha,
Administrative Services Department)
2. AGREEMENT WITH DUDEK FOR THE ENGINEERING DESIGN AND ENVIRONMENTAL
PERMITTING OF THE MERWIN DRIVE STORM DRAIN IMPROVEMENT PROJECT, CIP NO. 6608
-Adoption of Resolution No. 2021-206 authorizing execution of a professional services
agreement with Dudek, a California Corporation, for engineering design and environmental
permitting of the Merwin Drive Storm Drain Improvements Project as part of the citywide
Drainage Improvement Program, CIP No. 6608. (Staff contact: Jason Evans, Public Works)
3. AGREEMENT WITH CWE FOR ENGINEERING SERVICES FOR THE DRAINAGE MASTER PLAN
FACILITY BFB-U, EL CAMINO REAL CHANNEL RESTORATION PROJECT, CIP NO. 6622-Adoption
of Resolution No. 2021-207 authorizing execution of a professional services agreement with
CWE, a California Corporation, to provide engineering services for the Drainage Master Plan
Facility BFB-U, El Camino Real Channel Restoration, CIP No. 6622. (Staff contact: Jason Evans,
Public Works)
This item was pulled for discussion by a member of the public.
4. RATIFICATION OF AGREEMENT TO TERMINATE THE MUTUAL COOPERATION AND
SETTLEMENT AGREEMENT WITH COUNTY OF SAN DIEGO REGARDING THE MCCLELLAN-
PALOMAR AIRPORT -Adoption of a resolution ratifying the termination of the Mutual
Cooperation and Settlement Agreement with the County of San Diego regarding the
McClellan-Palomar Airport Master Plan Update. (Staff contact: Cindie McMahon, City
Attorney Department)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
This item was pulled for discussion by a member of the public.
4. RATIFICATION OF AGREEMENT TO TERMINATE THE MUTUAL COOPERATION AND
SETTLEMENT AGREEMENT WITH COUNTY OF SAN DIEGO REGARDING THE MCCLELLAN-
PALOMAR AIRPORT -Adoption of Resolution No. 2021-208 ratifying the termination of the
Mutual Cooperation and Settlement Agreement with the County of San Diego regarding the
McClellan-Palomar Airport Master Plan Update. (Staff contact: Cindie McMahon, City
Attorney Department)
The following individual called into the City Council Meeting and voiced their comment for
the record:
Hope Nelson, representing a group (Suzie Thorley, Graham Thorley, and Barbara Campbell)
on behalf of Citizens for a Friendly Airport, expressed her support for terminating the
agreement.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Sept. 14, 2021 Carlsbad City Council Regular Meeting Page3
Resolution No. 2021-208. Motion carried unanimously, 5/0.
ORDINANCES FOR INTRODUCTION:
5. ORDINANCE TO AMEND TILE 8 OF THE CARLSBAD MUNICIPAL CODE TO ADDRESS QUALITY OF
LIFE CONCERNS RELATED TO HOMELESSNESS AND PUBLIC SPACES -Introduction of an
ordinance amending Title 8 of the Carlsbad Municipal Code by amending Chapter 8.36 and
Sections 8.28.050 and 8.44.040 and by adding Chapters 8.34 and 8.38 to address quality of
life concerns. (Staff contact: Marissa Kawecki, City Attorney Department and Matt Magro,
Police Department)
City Manager's Recommendation: Introduce the ordinance.
Deputy City Attorney Marissa Kawecki and Assistant Police Chief Matt Magro 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:
Jessica Kramer spoke regarding her concerns with the proposed ordinance.
Katie Taylor spoke in support of the proposed ordinance but expressed concerns about the
enforcement of the ordinance.
Ellie Arkans spoke in support of the proposed ordinance and urged the City Council to support
police enforcement and resources for the homeless.
Yusef Miller, representing the North County Civil Liberties Coalition, spoke regarding his
concerns with the proposed ordinance.
Greg Anglea, representing Interfaith Community Services, spoke regarding his concerns with
the proposed ordinance and requested the City Council consider implementing additional
homeless hotel shelter resources before considering this ordinance.
Kelly LeBerthon spoke in support of the proposed ordinance.
Tracy Carmichael requested the City Council table the item to the next City Council meeting to
allow for more review of the ordinance.
Christine Davis, representing the Carlsbad Village Association, spoke in support of the
proposed ordinance and urged the City Council to provide the police with more resources for
the homeless.
Sept. 14, 2021 Carlsbad City Council Regular Meeting Page 4
In response to an inquiry from Mayor Pro Tern Blackburn, Assistant Police Chief Magro
explained the ordinance provides further enforcement options for police officers to help
business owners and residents.
In response to an inquiry from Council Member Bhat-Patel, Senior Program Manager Holly
Nelson explained the County of San Diego along with Interfaith Community Service
implemented a homeless hotel voucher program in Carlsbad in 2020
In response to an inquiry from Council Member Bhat-Patel, Assistant Police Chief Magro
explained the ordinance would apply to anyone who violates the city's ordinances including
multiple offenders and those that refuse resources.
In response to an inquiry from Council Member Bhat-Patel, Deputy City Attorney Kawecki
explained citations for violations of the ordinance would be issued on a case by case basis.
In response to an inquiry from Council Member Acosta, Senior Program Manager Nelson
explained that the main public concerns she hears at the homeless public outreach townhall
meetings are the clean up of homeless encampments and the increase of homeless visibility
on the streets.
Council Member Norby expressed his support for Option No. 2 but expressed concern with
legalizing camping from 10 p.m. to 6 a.m.
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Brewer explained
that the ordinance is supposed to give more tools to the police for enforcement.
In response to an inquiry from Mayor Hall, Council Member Norby explained that the
ordinance allows for camping between 10 p.m. to 6 a.m. because the city does not have any
other homeless shelter resources available such as an adequate number of beds available or
a hotel voucher program.
In response to an inquiry from Council Member Bhat-Patel, City Attorney Brewer explained
that there is currently an ordinance against camping.
In response to an inquiry from Council Member Bhat-Patel, Deputy City Attorney Kawecki
explained that police officers have not been enforcing the ordinance because there has not
been an adequate number of homeless shelter beds available in the city. She further
explained that if they did enforce the ordinance the police officers would be in violation of
Martin v. Boise.
In response to an, inquiry from Council Member Bhat-Patel, Deputy City Attorney Kawecki
explained that a shelter option is offered to those who are found to be in violation of the
ordinance first, but the ordinance does not require it.
Sept. 14, 2021 Carlsbad City Council Regular Meeting Page 5
In response to an inquiry from Mayor Hall, Deputy City Attorney Kawecki explained that if
those who are found to be in violation of the ordinance refuse shelter, they will not be
allowed to camp between 10 p.m. to 6 a.m.
In response to an inquiry from Council Member Bhat-Patel, City Manager Chadwick explained
that a discussion of the hotel voucher program will occur at the Sept. 28, 2021 City Council
meeting.
In response to an inquiry from Council Member Bhat-Patel, City Manager Chadwick explained
staff could return with the encampment portion discussion to the Sept. 28, 2021 City Council
meeting.
Motion by Council Member Bhat-Patel, seconded by Mayor Hall, to remove the sections of
the ordinance regarding camping and bring back the ordinance for introduction at the Sept.
28, 2021 meeting. Motion carried unanimously, 5/0.
Mayor Hall declared a recess at 4:51 p.m.
Mayor Hall reconvened the meeting at 5:00 p.m.
6. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE CHAPTER 10.44 TO ESTABLISH A 45
MPH SPEED LIMIT ON POINSETTIA LANE FROM CASSIA ROAD TO EL CAMINO REAL -
Introduction of 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: John Kim, Public Works)
City Manager's Recommendation: Introduce the ordinance.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-401. Mo.tion carried unanimously, 5/0.
7. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE CHAPTER 6.16 -NUISANCES -
Introduction of Ordinance No. CS-402 amending Title 6, Chapter 6.16 of the Carlsbad
Municipal Code concerning public nuisances. (Staff contact: Marissa Kawecki, City Attorney
Department)
City Manager's Recommendation: Introduce the ordinance.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-402. Motion carried unanimously, 5/0.
ORDINANCE FOR ADOPTION:
Sept. 14, 2021 Carlsbad City Council Regular Meeting Page 6
8. ADOPTION OF ORDINANCE NO. CS-400-VACANCIES IN OFFICE -Adoption of Ordinance No.
CS-400 amending Carlsbad Municipal Code Section 2.04.110 -Vacancies in Office. (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 approve
Ordinance No. CS-400. Motion carried unanimously, 5/0.
PUBLIC HEARINGS: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. AMENDMENTS, GRANT FUNDS AND ENGAGEMENT PLAN FOR THE SOUTH CARLSBAD
BOULEVARD CLIMATE ADAPTATION PROJECT -1) Adoption of Resolution No. 2021-209
authorizing three agreement amendments for the South Carlsbad Boulevard Climate
Adaptation Project and accepting and accepting and appropriating grant funds; and
2) Provide direction on the public engagement process for the South Carlsbad Boulevard
Climate Adaptation Project. (Staff contact: Michael Grim, Public Works and Kristina Ray,
Communications & Engagement)
City Manager's Recommendation: Adopt a resolution and provide direction as needed.
Senior Program Manager Mike Grim and Communication & Engagement Director Kristina Ray
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
The following individual called into the City Council Meeting and voiced their comment for
the record:
Mary Anne Viney expressed concern for storm water runoff from the Palomar Airport entering
into the Encina Creek. She recommended that staff look into ways to reduce the runoff from
entering the creek.
In response to an inquiry from Council Member Acosta, Communication & Engagement
Director Ray explained that the realignment project has not been actively pursued by the city.
In response to an inquiry from Council Member Acosta, City Manager Chadwick explained
that over time the priority of the realignment has changed but the City Council can make it a
priority again for staff to pursue.
In response to an inquiry from Mayor Hall, City Manager Chadwick explained that the next
City Council Goal Setting and Strategic Planning meetings will occur in Fall 2021.
)
Sept. 14, 2021 Carlsbad City Council Regular Meet'ing Page 7
In response to an inquiry from Council Member Bhat-Patel, Senior Program Manager Grim
explained that there is a timeline deadline of February 28, 2023 for all work to be completed
for the project. Senior Program Manager Grim added that community input could be
collected within the next six months so that the engineers can better prepare their designs.
In response to an inquiry from Council Member Acosta, Communication & Engagement
Director Ray explained that getting community engagement from the entire corridor would
require a longer process and might challenge meeting the deadlines for the project.
In response to an inquiry from Communication & Engagement Director Ray, Deputy City
Manager Paz Gomez explained that if City Council deemed the project as a priority, staff could
work on the technical designs of the corridor.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-209 and to bring back the public engagement process for the South
Carlsbad Boulevard Climate Adaptation Project at the Sept. 21, 2021 meeting. Motion
carried unanimously, 5/0.
10. UPDATE ON CALIFORNIA DEPARTMENT OF TRANSPORTATION -SAN DIEGO ASSOCIATION OF
GOVERNMENTS' INTERSTATE 5 NORTH COAST CORRIDOR PROGRAM -Receive an update
from the California Department of Transportation and the San Diego Association of
Governments on Phase 1 of the Interstate 5 North Coast Corridor Program. (Staff contact:
Hossein Ajideh, Public Works)
City Manager's Recommendation: Receive the update.
Engineering Manager Hossein Ajideh and Caltrans 1-5 Corridor Director Allen Kosup presented
the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Mayor Hall, Caltrans 1-5 Corridor Director Kosup explained that
there is a lot of regional projects competing for national funds to expand the 1-5 corridor.
In response to an inquiry from Mayor Hall, Caltrans 1-5 Corridor Director Kosup explained that
there is a plan to have the 78 freeway expanded to ten lanes by 2022. He further added that
it would be eight general purpose lanes and two HOV lanes.
In response to an inquiry from Mayor Hall, Caltrans 1-5 Corridor Director Kosup explained that
there is a plan to have the 1-5 freeway expanded to 12 lanes.
In response to an inquiry from Mayor Hall, Caltrans 1-5 Corridor Director Kosup explained that
Caltrans does track vehicle miles traveled coming from the north and south.
In response to an inquiry from Council Member Norby, Deputy City Manager Gomez
explained that Public Works and Library & Cultural Arts have been working with Caltrans and
SAN DAG on an art project for the possibility of having public art along Chestnut Avenue.
Sept. 14, 2021 Carlsbad City Council Regular Meeting Page 8
In response to an inquiry from Council Member Acosta, Caltrans 1-5 Corridor Director Kosup
explained that the environmental enhancements around the Batiquitos Lagoon are already
reserved and funding for the dredging has been assigned.
Council received the update.
11. MAYORAL APPOINTMENT OF ONE MEMBER TO THE TRAFFIC & MOBILITY COMMISSION -
Adoption of Resolution No. 2021-210 appointing one member to the Traffic & Mobility
Commission. (Staff contact: Tammy McMinn, City Clerk Department)
City Manager's Recommendation: Adopt the resolution.
Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to approve Resolution No.
2021-210 appointing Gilbert Alvarado. Motion carried unanimously, 5/0.
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 at 6:15 p.m.
~
Hector Gomez
Deputy City Clerk