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HomeMy WebLinkAbout2021-09-28; City Council; MinutesSept.28,2021 Carlsbad City Council Regular Meeting Page 2 2. UTILITY BILLING WATER SERVICE SHUTOFF AND LATE FEE UPDATE -Adoption of Carlsbad Municipal Water District Resolution No. 1663 approving an implementation plan to reestablish late fees and shutoffs for customers that are over 60 days late on their utility bill payments. (Staff contact: Vicki Quiram, Public Works and Ryan Green, Administrative Services Department) 3. CONTRACT WITH SAN DIEGO HUMANE SOCIETY TO SHELTER PETS BELONGING TO PEOPLE EXPERIENCING HOMELESSNESS AND APPROPRIATION OF FUNDING -Adoption of Resolution No. 2021-219 authorizing the City Manager to execute a professional services agreement with the San Diego Humane Society to shelter animals of persons experiencing homelessness and appropriating $29,825 from the City Council Contingency to the Housing and Homeless Service Department's FY 2021-22 Operating Budget. (Staff c;ontact: Jessica Klein and Holly Nelson, Housing & Homeless Services) 4. AGREEMENT AMENDMENT WITH PROS CONSULTING FOR PARKS & RECREATION DEPARTMENT MASTER AND STRATEGIC PLANNING SERVICES -Adoption of Resolution No. 2021-220 amending a professional services agreement with PROS Consulting for Parks & Recreation Department Master and Strategic Planning Services, in an amount not to exceed $167,460 and extending the term of the agreement by one year. (Staff Contact: Mick Calarco, Parks & Recreation) 5. AFFORDABLE HOUSING AGREEMENT TO SATISFY THE AFFORDABLE HOUSING REQUIREMENT FOR THE AVIARA APARTMENTS (DEV 2017-0033) -Adoption of Resolution No. 2021-221 approving an affordable housing agreement for the construction of 81 affordable units to satisfy the affordable housing requirements for the Aviara Apartments Project (DEV 2017- 0033). (Staff Contact: Mandy Mills, Housing & Homeless Services) ORDINANCES FOR INTRODUCTION: 6. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE SECTION 2.44.030-CITY SERVICE AND APPROVE EMPLOYMENT-RELATED DOCUMENTS FOR FULL-TIME EMERGENCY MEDICAL TECHNICIAN POSITION -1) Adoption of Resolution No. 2021-222 approving the full-time emergency medical technician employment, compensation and benefits plan and its associated non-management unclassified salary range schedule and class specification; and 2) Introduction of Ordinance No. CS-404 amending Carlsbad Municipal Code Section 2.44.030 -City Service. (Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services Department) City Manager's Recommendation: Adopt the resolution and introduce the ordinance. Human Resources Director Judy Von Kalinowski and Senior Management Analyst Debbie Porter presentedthe report. Assistant City Attorney Cindie McMahon titled the ordinance. Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 3 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-222 and introduce Ordinance No. CS-404. Motion carried unanimously, 5/0. ORDINANCE FOR ADOPTION: 7. ADOPTION OF ORDINANCE NO. CS-403-REPEAL CARLSBAD MUNICIPAL CODE CHAPTER 2.20 AND AMEND SECTION 2.12.025 -Adoption of Ordinance No. CS-403 repealing Chapter 2.20 and amending Section 2.12:025 of the Carlsbad Municipal Code. (Staff contact: Faviola Medina, City Clerk Department) City Manager's Recommendation: Adopt the ordinance. Assistant City Attorney Cindie McMahon titled the ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-403. Motion carried unanimously, 5/0. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: Items No. 8 and 9 were heard at the same time. , I 8. OPTIONS FOR THE CARLSBAD HOTEL/MOTEL VOUCHER PILOT PROGRAM -Receive a report, consider the presented options to the proposed 12~month Carlsbad hotel/motel voucher pilot program and provide direction to staff as appropriate. (Staff contact: Mandy Mills and Holly Nelson, Housing & Homeless Services) · I City Manager's Recommendation: Receive the report, consider options and provide direction to staff as appropriate. 9. ORDINANCE AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE TO ADDRESS QUALITY OF LIFE CONCERNS RELATED TO HOMELESSNESS AND PUBLIC SPACES -Introduction of Ordinance No. CS-405 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. Mayor Hall announced that the City Council would receive the presentations for Item No. 8 and Item No. 9 and then continue to public comment. Housing and Homeless Services Director Mandy Mills and Senior Program Manager Holly Nelson presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Sept. 28, 2021 Carlsbad City Council Regular Meeting Page4 Deputy City Attorney Marissa Kawecki presented th~ 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 comments for I the record: Greg Anglea, Chief Executive Officer of Interfaith Community Services expressed support for Option No. 4 and added that the expansion of the La P_osada shelter site is a proven effective intervention. He also expressed support for Option Noi 6, the exploration of Project Homekey funds and offered lnterfaith's support if the City of €arlsbad needed it. He also expressed support for the hotel voucher program but expressed boncern for Options No. 1 and No. 3 as cost effective strategies, but they would likely not be successful towards the overall goal of solving homelessness in Carlsbad. John Brady of Lived Experience Advisors expressed support for Options No. 2 and No. 6. He added that Options No. 1 and No. 3 are not viable opti,ons in terms of housing. Ellie expressed concern over the proposed voucher pro~ram and the various options presented to the City Council. She explained that the options presented only perpetuate homelessness and do little to solve the overall issue. Vino Pajanor, Chief Executive Officer of Catholic Charities Diocese of San Diego, explained that Catholic Charities who manages La Posada is looking tb expand to add 100 beds to its facility. He also added that they are looking at adding a ward f,or women and children as well. He also advocated that the cities in North County need a regional solution to help homeless and La Posada could be it with its expansion plans. Dennis Jensen expressed concern over the hotel voucher program being utilized near family neighborhoods and schools. He also advocated to have no more homeless shelters be built in the Village-Barrio area. Kelly L. expressed concern over the hotel voucher being utilized near schools. She also added that many homeless have severe drug or mental issues and that there is a lack of enforcement towards the homeless from coastal cities in the United States. Fred Briggs commented that the homeless voucher program will do little to solve the homeless crisis in Carlsbad. He also added that there is many illegal street parking's occurring with RV's and people living in vehicles near the flower fields. He also urged the City Council to retain the no overnight parking code but establish a dedicated overnight parking safe zone at the Crossings at Carlsbad parking lot. Robert Lee expressed support for the amending of the ordinance. Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 5 Ha/mar S. expressed concern over the homeless voucher program being utilized near family neighborhoods. He added that the program should screen participants and not follow a housing first protocol. In response to an inquiry from Mayor Pro Tern Blackburn, Housing and Homeless Services Director Mills explained that the hotel voucher would bnly be for one night and the potential for abuse of the system would be monitored by the police officers assessing the homeless individual. Police Chief Mickey Williams also added that the police officers issuing the voucher would be able to assess the need for a hotel voucher on a case by case basis. In response to an inquiry from Mayor Pro Tern Blackburn, Police Chief Williams explained that the hotel voucher program would give police officers an additional tool to address camping at night. In response to an inquiry from Mayor Pro Tern Blackburn, Senior Program Manager Nelson explained that there is rules and agreements already established with the program. She also added that Case Managers would be providing regular updates to measure their progress. In response to an inquiry from Mayor Pro Tern Blackburn, Senior Program Manager Nelson explained that the use of drugs or alcohol on site may be grounds for termination from the program but there is an understanding of the transition of homeless into rehabilitation and treatment programs. In response to an inquiry from Mayor Pro Tern Blackburn, Senior Program Manager Nelson explained that there was security guards at night, social workers on site and visits from the Homeless Outreach Team (HOT) at the Hyland Inn when it housed homeless during the height of the COVID-19 pandemic. She added that they experienced minimal issues in the community during that time. City Manager Scott Chadwick explained that the program to house homeless during the height of the COVID-19 pandemic was operated by the County of San Diego and not the City of Carlsbad. In response to an inquiry from Council Member Bhat-Patel, Senior Program Manager Nelson explained that there have been many other hotel voucher programs operating in San Diego County that have yielded success and have linked vital resources to the homeless. She further explained that the voucher program ran by the County of San Diego during the height of the pandemic had about a 70% success rate at transitioning homeless to permanent housing. She also added that Encinitas and Escondido both had hotel voucher programs and Carlsbad had about a 66% success rate of homeless to permanent or transitional housing as well. In response to an inquiry from Council Member Bhat-Patel, Housing and Homeless Services Director Mills explained Project Roomkey and Project Homekey funds came from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). She added that the goal of both programs is to serve vulnerable populations and get them off the streets and into Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 6 housing with a non-congregate setting which means housing such as rooms and units and not housing in dorm styles. She also added that Project Room key was for immediate leasing of hotel rooms for short term stays and Project Homekey is a new program that started in September 2021 whose goal is to create permanent housing for the vulnerable population. In response to an inquiry from Council Member Bhat-Patel, Housing and Homeless Services Director Mills explained that the funds that were set aside last year by the City Council to fund a voucher program were general funds and because of this, it is up to the City to implement its own program standards. The funds however through Project Homekey are from the State of California via federal funds and require a housing first program guideline. She further explained that because of this the standard of sobriety in the program cannot be usually enforced other than bag checks on site and restricting drinking and drug use on site as well. In response to an inquiry from Council Member Bhat-Patel, Housing and Homeless Services Director Mills explained that the Community Development Block Grant (CDBG) funds that the City implements yearly have a high priority for homeless. She added that La Posadas expansion could be funded by part of those funds. Deputy City Manager Gary Barberio also explained that with the CDBG funds and other available funds the City of Carlsbad could accelerate the expansion of the La Posada facility. In response to an inquiry from Council Member Bhat-Patel, Deputy City Attorney Kawecki explained that police officers citing illegal camping during the day do not have to· adhere to the shelter offer guidelines but at night if the city does not have any means of shelter such as a voucher program or beds available then they cannot cite for illegal camping. In response to an inquiry from Council Member Bhat-Patel, Deputy City Attorney Kawecki explained that the Police department already has a policy regarding personal property and homeless. She added that the policy forbids police officers from destroying or confiscating personal property from homeless and it allows for a 48 notice to be issued before police officers clean up property from the homeless. In response to an inquiry from Council Member Bhat-Patel, Deputy City Attorney Kawecki explained that the homeless who are charged with misdemeanors are usually encountered and cited multiple times and refuse to accept services. She added that it is unusual for someone to be citied with a misdemeanor after one citation. In response to an inquiry from Council Member Acosta, Housing and Homeless Services Director Mills explained that the hotel voucher program could be implemented quickly if the City Council decided on that option. She added that Option No. 2 and No. 3 would likely take a few months to implement. She further added that Option No. 5 would likely take months to a year to implement. In response to an inquiry from Council Member Acosta, Housing and Homeless Services Director Mills explained that the state code that allows the city to operate an emergency Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 7 shelter through a declaration of an emergency shelter crisis requires that the Hyland Inn be designated as a public facility. She added that with this designation, because the facility is not city owned, leased or operated, the city would be required to occupy the entire site for the use of homeless shelter. She further added that while the city would be required to rent every room the financial burden might be able to be eased by sharing cost with other programs already in effect by the County of San Diego to house the homeless. In response to an inquiry from Council Member Acosta, Deputy City Manager Barberio explained that emergency shelter is not currently allowed in the zoning that the Hyland Inn is located in. He added that a zoning code amendment would allow for the change, but it is a long term alternative. In response to an inquiry from Council Member Acosta, Senior Program Manager Nelson explained that Options 2 and 3 would be most compatible with the Project Homekey reimbursement for funds. She added that if the city included behavioral health services and if they had a vacant room for a night those costs would not be included in the reimbursement. In response to an inquiry from Council Member Acosta, Deputy City Manager Barberio explained that these options would take some time and because the deadline for the Project Homekey funds is December 31, 2021 the city would likely only receive one month of reimbursement. In response to an inquiry from Council Member Acosta, Housing and Homeless Services Director Mills explained that those that are offered a hotel voucher would receive a follow up visit the next day from the HOT team and a social worker to connect them to further housing services. In response to an inquiry from Council Member Acosta, Police Chief Williams explained that the monitoring of issuances of the hotel vouchers would be with the police department and would be determined on a case by case basis. In response to an inquiry from Council Member Norby, Senior Program Manager Nelson explained that statistics have been provided from the County of San Diego regarding their programs of how many homeless have successfully transitioned to permanent housing and how many have entered back into the homeless transition program. She added that typically the City of Carlsbad Housing department follows up with successfully transitioned homeless up to 24 months after they have left the program. In response to an inquiry from Council Member Norby, Housing and Homeless Services Director Mills explained that Project Home key funds could be reimbursed with building a new construction facility or acquisition of an existing motel or apartment complex to house homeless. In response to an inquiry from Council Member Norby, Housing and Homeless Services Director Mills explained that kitchens are not required in each room for the homeless. Sept.28,2021 Carlsbad City Council Regular Meeting Page8 In response to an inquiry from Council Member Norby, Deputy City Manager Barberio explained Option 3 is designed to not change the zoning and participant stays would be permitted to 30 days or less. If a participant needed more than 30 days, they would be rotated to another hotel to allow for the additional allotted time. He added that Option 2 allows for participants to stay for longer than 30 days if an emergency shelter crisis is declared. In response to an inquiry from Council Member Norby, Housing and Homeless Services Director Mills explained that Option 3 does have fewer participants at each location and would have less of an impact overall. In response to an inquiry from Council Member Norby, Deputy City Manager Barberio explained that when a participant is in a hotel room for longer than 30 days it is no longer declared as transient occupancy and that creates implications for the hotel operator such as evictions. In response to an inquiry from Council Member Norby, Deputy City Manager Barberio explained that the Hyland Inn location is being specifically looked at for Option 5, but the zoning change is being evaluated for other locations in the city. In response to an inquiry from Council Member Norby, Deputy City Manager Barberio explained that the zoning change would allow for the city to look at future properties for these purposes, but it would be up to the property owners to decide to participate. In response to an inquiry from Council Member Norby, Deputy City Attorney Kawecki explained that in order to change the wording in the ordinance to include "the public right of way and adjacent to residential or commercial properties" for Item No. 9 for Option 2 appropriate findings would need to be included in the ordinance and at this time the findings are not there, and the wording cannot be changed. She added that is a possibility, but further research would need to be conducted before a change could occur. In response to an inquiry from Mayor Hall, Senior Program Manager Nelson explained that twenty participants through the Community Resource contract successfully transition from homeless to permanent housing and five participants recently moved in Section 8 housing. In response to an inquiry from Mayor Hall, Senior Program Manager Nelson explained that less than 6% of the homeless population are veterans. In response to an inquiry from Mayor Hall, Senior Program Manager Nelson explained that the homeless veterans are being connected to the new housing project operated by the Department of Veterans Affairs (VA) on Harding Street. In response to an inquiry from Mayor Hall, Deputy City Manager Barberio explained that the City· of Carlsbad has been working with Solutions for Change on a number of different projects, but they do not operate on a housing first model and have not been able to Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 9 successfully secure funding for the project on Harding Street, but they are exploring another alternative that may be proposed to the City Council soon. In response to an inquiry from Mayor Hall, Senior Program Manager Nelson explained faith based providers are often operated by volunteers and they often do not have the capacity to operate housing programs. In response to an inquiry from Mayor Hall, Housing and Homeless Services Director Mills explained that there is currently one hotel willing to participate in the single site model for Option 2 and a few hotels willing to participate in a scatter site model for Option 3. In response to an inquiry from Mayor Hall, Senior Program Manager Nelson explained that there has been numerous hotels in various districts who have expressed interest in participating in the scatter site model. Mayor Hall declared a recess at 5:41 p.m. Mayor Hall reconvened the meeting at 5:51 p.m. In response to an inquiry from Mayor Hall, Deputy City Manager Barberio explained that Option 3 scatter site model who only allow participants to stay at any hotel for no more than 30 days. In response to an inquiry from Council Member Acosta, Housing and Homeless Services Director Mills explained that participants will be evaluated weekly by social service providers and have to actively be planning their next step for housing or shelter. Senior Program Manager Nelson added that patricians who do not follow these guidelines would be given three days to vacate and be terminated from the program. Deputy City Manager Barberio also added that the same guidelines would be implemented for the Hyland Inn option. Assistant City Attorney Cindie McMahon titled the ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-405. Motion carried unanimously, 5/0. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Option No. 1. Motion carried unanimously, 5/0. Motion by Mayor Pro Tern Blackburn, to adopt Option No. 2. Motion failed for lack of a second. Motion by Council Member Acosta, seconded by Council Member Norby, to adopt Option No. 3. Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 10 In response to an inquiry from Council Member Norby, Housing and Homeless Services Director Mills explained that Option 1 can be continued beyond the pilot program date by the City Council if success come from it. In response to an inquiry from Council Member Norby, Mayor Hall explained that the discussions for continuing or not continuing .the pilot program would likely occur at the quarterly report meetings. Motion failed as Council Member Norby withdrew his second. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Option No. 4. Motion carried unanimously, 5/0. Motion by Council Member Norby, seconded by Council Member Acosta, to adopt Option No. 5. Motion failed, 2/3. (Hall, Bhat-Patel, Blackburn -No) Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Option No. 6. Motion carried, 4/1. (Hall -No) This item was heard with Item No. 8. 9. ORDINANCE AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE TO ADDRESS QUALITY OF LIFE CONCERNS RELATED TO HOMELESSNESS AND PUBLIC SPACES -Introduction of Ordinance No. CS-405 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. 10. GROWTH MANAGEMENT PLAN UPDATE ADVISORY COMMITTEE CHARTER -Adoption of Resolution 2021-223 approving the charter for the Growth Management Plan Update Advisory Committee. (Staff contact: Jennifer Jesser, Community Development) City Manager's Recommendation: Adopt the resolution. Senior Planner Jennifer Jesser 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 Bhat-Patel, Principal Planner Eric Lardy explained that the recommendation presented to the City Council do not contain demographics or age criteria. In response to an inquiry from Mayor Hall, Deputy City Manager Barberio explained the advisory committee is scheduled to run for a year but the committee can be extended if needed. Sept.28,2021 Carlsbad City Council Regular Meeting Page 11 In response to an inquiry from Mayor Hall, Deputy City Manager Barberio explained that Envision Carlsbad Citizens' Committee (EC3} was a 19 member committee that had a student representative on the committee and the committee ran over a year which created some issues with the student as the representative was a high school senior and could not longer serve on the committee after graduation. In response to an inquiry from Council Member Bhat-Patel, Assistant City Attorney McMahon explained that there are constitutional provisions that do prevent the City Council from making preferences on appointments. Mayor Hall announced that based on the City Council's discussion, it seemed like each Council Member would like to have two primaries and one alternate. Motion by Council Member Norby, seconded by Council Member Acosta, to adopt Resolution No. 2021-223 and amend Attachment A, forming an advisory committee of 19 primary and 19 alternate members that includes one representative commissioner selected by each of the nine city commissions/boards, and to provide to City Council with a brief biography of each selected commissioner. City Council will then have 30 days for each of the four council members and Mayor to select two primary and two alternate members. Motion carried unanimously, 5/0. 11. EVALUATION OF THE ACCOUNTING TREATMENT OF THE GENERAL FUND'S ADVANCE TO THE GOLF COURSE ENTERPRISE FUND -1) Adoption of Resolution No. 2021-224 authorizing a $47,031,506 transfer from the General Fund to the Golf Course Enterprise Fund; and 2) Adoption of Carlsbad Public Financing Authority Resolution No. 86 authorizing a $47,031,506 transfer from the General Fund to the Golf Course Enterprise Fund. (Staff contact: Ryan Green and Laura Rocha, Administrative Services Department) City Manager's Recommendation: Adopt the resolutions. Finance Director Ryan Green and Deputy City Manager Laura Rocha 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, Finance Director Green explained the initial investment for the golf course was substantial because of the many changes during the construction and environmental requirements of the golf course. Finance Director Green added that the bonds were defeased in 2017 and there has been no additional transfers from the general fund to the golf course to sustain its regular operations and maintain its capital needs. Finance Director Green also added that if the golf course is able to have additional cash flow after sustaining its regular operations and capital needs, it can then transfer those funds to pay towards its loan. In response to an inquiry from Council Member Acosta, Finance Director Green explained that there is a steering committee compromised of city staff and JC Management who helps manage the golf course. Finance Director Green added that they meet monthly to go over Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 12 the financial results and to come up with new ideas on how to generate more revenue for the golf course. In response to an inquiry from Council Memb.er Acosta, Deputy City Manager Rocha explained the committee does meet monthly to discuss revenue generators for the golf course, but they are open to the idea to have further studies conducted to generate income for the golf course. In response to an inquiry from Council Member Acosta, Finance Director Green explained that there was a record number of rounds purchased at the golf course and based on those projections there would be a surplus to pay some of the initial loan off, but the surge is likely to not last as projections say it was due to the COVID-19 pandemic. Finance Director Green added that based on current projections it is slated for the city to break even eventually. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-224 and PFA Resolution No. 86. Motion carried unanimously, 5/0. 12. GENERAL FUND SURPLUS POLICY: APPROVAL OF FISCAL YEAR 2020-21 BUDGET CARRYFORWARD REQUESTS AND APPROPRIATION OF FUNDS TO FISCAL YEAR 2021-22 -1) Adoption of Resolution No. 2021-225 approving fiscal year 2020-21 budget carryforward requests and appropriation of funds to fiscal year 2021-22 and approving the appropriation of General Fund reserves in fiscal year 2021-22 to pay down $6.4 million of the city's existing pension liability to the California Public Employees Retirement System; and 2) Consider additional uses of the General Fund surplus from FY 2020-21, including: • Adoption of a resolution authorizing the appropriation of General Fund reserves in fiscal year 2021-22 to increase the City Council's Contingency funding in the amount of $500,000 for fiscal year 2021-22; or • Adoption of a resolution committing General Fund reserves in fiscal year 2021-22 to fund a Section 115 trust and directing city staff to return with options for account administration and investment management; or • Adoption of Resolution No. 2021-226 approving the appropriation and transfer from General Fund reserves in fiscal year 2021-22 to the General Capital Construction fund, Infrastructure Replacement fund, or Technology Investment Program to fund future project; or • Adoption of a resolution approving the appropriation and transfer from General Fund reserves in fiscal year 2021-22 to the city's Workers' Compensation fund; or • Take no additional action and allow the surplus to increase the General Fund reserve balance. (Staff contact: Ryan Green, Administrative Services Department) City Manager's Recommendation: Adopt the resolutions and consider additional uses. Finance Director Ryan Green and Senior Accountant Brigid Drury 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, City Manager Chadwick explained that Sacramento is looking at cities that carry a large general fund reserve and for the City of Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 13 Carlsbad to meet its reserve target of 40% and still be able to replenish some of its additional reserve accounts that it seemed like the approach to take some of the spotlight off the city from Sacramento would be for the city to spend down its funds. He added that if it was to be left in one account, it would be the same as transferring it into a different reserve account because the city would still have access to the funds. In response to an inquiry from Mayor Pro Tern Blackburn, City Manager Chadwick explained that if the funds were transferred and the City Council found in the future that they needed the money back to the general fund, they could easily take a vote and transfer the money back. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the appropriation of General Fund reserves in fiscal year 2021-22 to pay down $6.4 million of the city's existing pension liability to the California Public Employees Retirement System and put the excess reserves into the General Capital Construction fund. In response to an inquiry from Mayor Hall, Deputy City Manager Paz Gomez explained that the estimate for the short trench project is $250 million and $350 million for the long trench project and with a 10% contribution it comes to a $35 million dollar investment. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-225 approving the appropriation of General Fund reserves in fiscal year 2021-22 to pay down $6.4 million of the city's existing pension liability to the California Public Employees Retirement System and Resolution No. 2021-226 appropriating and transferring the fiscal year 2020-21 residual surplus to the General Capital Construction fund. Motion carried unanimously, 5/0. 13. STATUS OF WASTEWATER AND WATER FUNDS-Receive a report on the status of wastewater and water funds. (Staff contact: Vicki Quiram, Public Works and Ryan Green, Administrative Services Department) City Manager's Recommendation: Receive the report. Utilities Director/CMWD General Manager Vicki Quiram and Finance Director Ryan Green presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council received the report. 14. APPOINTMENTS TO THE CITY COUNCIL HOMELESS ACTION SUBCOMMITTEE AND THE CARLSBAD MUNICIPAL CODE AND CITY COUNCIL POLICY UPDATE SUBCOMMITTEE -1) Discuss and consider options for appointments to the City Council Homeless Action Subcommittee and the Carlsbad Municipal Code and City Council Policy Update Subcommittee; and 2) Adoption of a resolution appointing one member of the City Council to the Homeless Action Subcommittee; or Sept. 28, 2021 Carlsbad City Council Regular Meeting Page 14 3) Adoption of Resolution No. 2021-227 terminating the Homeless Action Subcommittee; and 4) Adoption of a resolution appointing one member to the Carlsbad Municipal Code and City Council Policy Update Subcommittee and converting the subcommittee to a standing subcommittee; or 5) Adoption of Resolution No. 2021-228 terminating the Carlsbad Municipal Code and City Council Policy Update Subcommittee. (Staff contact: Sheila Cobian, City Manager's Department) City Manager's Recommendation: Consider options and adopt the resolutions. The following individual called into the City Council Meeting and voiced their comment for the record: Ellie urged the City Council to nominate Council Member Norby to the subcommittee if it were to be continued. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution Nos. 2021-227 and 2021-228 terminating the City Council Homeless Action Subcommittee and Carlsbad Municipal Code and City Council Policy Update Subcommittee. Motion carried unanimously, 5/0. 15. DISCUSSION REGARDING AB 361 AND DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC MEETINGS-Receive an overview of the provisions of Assembly Bill 361 and: 1) Consider adoption of Resolution No. 2021-229 making findings in accordance with AB 361 to continue virtual public meetings until October 28, 2021; or 2) Direct staff to resume in-person public meetings beginning October 4, 2021. (Staff contact: Sheila Cobian, City Manager's Department and Cindie McMahon, City Attorney's Office) City Manager's Recommendation: Receive the overview and consider options. Legislative & Constituent Services Director Sheila Cobian 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: Ellie urged the City Council to return to in-person meetings. In response to an inquiry from Mayor Pro Tern Blackburn, City Manager Chadwick explained that number of city staff members diagnosed with COVID-19 was less than 1% of the total workforce. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2021-229. Motion carried unanimously, 5/0.