HomeMy WebLinkAbout2021-12-14; City Council; MinutesDec.14,2021 Carlsbad City Council Regular Meeting Page2
A speaker spoke out against new COVID-19 restrictions.
Suzanne Hume of CleanEarth4Kids.org spoke to advocate against the use of fossil fuels and
encouraged the use of renewable energy, sustainability, and climate action.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve,
Consent Calendar Item Nos. 1 through 10. Motion carried unanimously, 5/0.
1. ANNUAL FINANCIAL INFORMATION REPORT ON CAPITAL PROJECT FUNDS AND SPECIAL
TAXES -Adoption of Resolution No. 2021-275 accepting the Annual Financial Information
Report on Capital Project Funds and Special Taxes pursuant to California Government Code
Sections 50075, 66001 and 66006. (Staff contact: Kim Riboni, Administrative Services
Department)
2. CITY OF CARLSBAD FISCAL YEAR 2020-21 ANNUAL FINANCIAL AUDIT RESULTS -Receive a
report on the city's fiscal year 2020-21 annual financial audit results: (Staff contact: Ryan
Green, Administrative Services Department)
3. REVISIONS TO THE CITY OF CARLSBAD PART-TIME SALARY SCHEDULE AND MANAGEMENT
SALARY SCHEDULE -Adoption of Resolution No. 2021-276 approving revisions to the City of
Carlsbad Part-Time Salary Schedule and Management Salary Schedule, approving revisions to
the Management Compensation and benefits Plan, and authorizing of pay increases for part-
time employees who fall below the new minimum wage. (Staff contact: Silvano Rodriguez
and Judy von Kalinowski, Administrative services Department)
4. AMENDMENT NO. 4 TO AGREEMENT WITH TYLER TECHNOLOGIES FOR ENERGOV
MAINTENANCE AND SUPPORT AND ENERGOV ASSIST ADVANCED SERVICES -Adoption of
Resolution No. 2021-277 authorizing the City Manager to execute Amendment No. 4 to the
agreement for Project and Service Maintenance with Tyler Technologies, Inc. (Staff contact:
Maria Callander, Administrative Services Department)
5. PURCHASE OF RENEWAL OF PALO ALTO FIREWALL MAINTENANCE AND LICENSING -
Adoption of Resolution No. 2021-278 authorizing the City Manager to execute documents
necessary to procure Palo Alto Firewall Maintenance and Licensing Services through Dec. 30,
2022, from CDWG, LLC in an amount not to exceed $121,247. (Staff contact: Maria Callander,
Administrative Services Department)
6. AMENDMENT NO 6 TO AGREEMENT WITH CITY OF VISTA FOR CONSTRUCTION OF AGUA
HEDIONDA SEWER LIFT STATION -1) Adoption of Resolution No. 2021-279 authorizing the
Mayor to execute Amendment No. 6 to the project agreement between the City of Carlsbad
and the City of Vista for construction of the Agua Hedionda Sewer Lift Station and
Vista/Carlsbad Interceptor Sewer, Reaches VC11B-VC15; and
Dec.14,2021 Carlsbad City Council Regular Meeting Page 3
2) Appropriate $827,151 from the Sewer Connection Fund; and
3) Authorize the City Manager to approve reimbursement payments to Vista for Carlsbad's
share of the remaining project work in an amount not to exceed $2,479,766. (Staff contact:
Dave Padilla and Vicki Quiram, Public Works)
7. BOARDS, COMMISSldNS AND COMMITTEES LOCAL APPOINTMENTS LIST FOR 2022 -1)
Receive and file the Boards, Commissions and Committees Local Appointments List for 2022;
and
2) Adoption of Resolution No. 2021-280 modifying one member's term on the Planning
Commission to coincide with the transition plan established by City Council Resolution No.
2018-178; and
3) Adoption of Resolution No. 2021-281 modifying one member's term on the Traffic &
Mobility Commission to coincide with the transition plan established by City Council
Resolution No. 2018-178; and
4) Adoption of Resolution No. 2021-282 modifying one member's term on the Traffic &
Mobility Commission to coincide with the transition plan established by City Council
Resolution No. 2018-178. (Staff contact: Faviola Medina, City Clerk Department)
8. EMPLOYMENT AGREEMENT WITH CITY ATTORNEY CELIA A. BREWER-Adoption of Resolution
No. 2021-283 approving the amended and restated City Attorney employment agreement
with Celia A. Brewer, with an annual fiscal impact of $22,172, and making corresponding
amendments to the appointed officials salary schedule. (Staff contact: Cindie McMahon, City
Attorney Department)
9. EMPLOYMENT AGREEMENT WITH CITY MANAGER SCOTT CHADWICK -Adoption of
Resolution No. 2021-284 approving the amended and restated City Manager employment
agreement with Scott Chadwick, with an annual fiscal impact of $22,755, and making
corresponding amendments to the appointed officials salary schedule. (Staff contact: Cindie
McMahon, City Attorney Department)
10. AUTHORIZE PARTICIPATION IN NATIONAL OPIOIDS SETTLEMENTS -Adoption of Resolution
No. 2021-285 authorizing the City Attorney to sign the necessary documents for the City of
Carlsbad to participate in the National Opioid Settlements. (Staff contact: Cindie McMahon,
City Attorney Department)
ORDINANCES FOR INTRODUCTION:
11. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.301 TO
RESTRICT OVERNIGHT PARKING ON ARMADA DRIVE -Introduction of Ordinance No. CS-412
adding section 10.40.301 of the Carlsbad Municipal Code to establish no parking zones along
both sides of Armada Drive between Palomar Airport Road and Legoland Drive between the
hours of 11 p.m. and 5 a.m. (Staff contact: Scott Meritt, Police Department and Allegra Frost,
City Attorney Department)
Dec. 14, 2021 Carlsbad City Council Regular Meeting Page4
City Manager's Recommendation: Introduce the ordinance.
Police Sergeant Scott Meritt and Deputy City Attorney Allegra Frost 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, Police Sergeant Meritt explained
that the east side of Armada Drive is designated as a bike lane and a no parking zone.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-412. Motion carried unanimously, 5/0.
ORDINANCES FOR ADOPTION:
12. ADOPTION OF ORDINANCE NO. CS-411 -AMENDING CHAPTER 10.40, SECTION
10.40.180(D)(6) TO ALLOW ENFORCEMENT OF THE CITY'S BAN ON OVERNIGHT PARKING OF
OVERSIZED VEHICLES DURING A DECLARED EMERGENCY-Adoption of Ordinance No. CS-411
amending Carlsbad Municipal Code Chapter 10.40, Section 10.40.180 regarding the parking
of oversized vehicles. (Staff contact: Faviola Medina, City Clerk Department)
City Manager's Recommendation: Adopt Ordinance No. CS-411.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-411. Motion carried unanimously, 5/0.
PUBLIC HEARINGS:
13. THE NEW VILLAGE ARTS THEATRE -Adoption of Resolution No. 2021-286 approving a
conditional use permit to allow the continued operation of a performance theatre located at
2787 State Street in the Village Center District of the Village & Barrio Master Plan and within
Local Facilities Management Zone 1 (Case Name: New Village Arts Theatre; Case No.: CUP
2021-0006 (DEV2021-0040)). (Staff contact: Jessica Evans, Community Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolution.
Associate Planner Jessica Evans 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 3:44 p.m.
Dec. 14,2021 Carlsbad City Council Regular Meeting Page 5
The following individual called into the City Council Meeting and voiced their comment for
the record:
Kristianne Kurner, Executive Artistic Director of New Village Arts thanked the City Council for
their continued partnership and explained how the renovations to the New Village Arts
building will benefit the organization.
Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at
3:48p.m.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-286. Motion carried unanimously, 5/0.
14. JEFFERSON STREET APARTMENTS -Adoption of Resolution No. 2021-287 approving a site
development plan and coastal development permit for the removal of an existing commercial
use, and the construction of a 35,855 square foot, four-story, mixed-use building consisting
of 17 residential apartment units, 2,185 square feet of commercial and an enclosed parking
garage on a 0.32-acre site located at 3039 Jefferson Street in the Village Center (VC) District
of the Village and Barrio Master Plan and within Local Facilities Management Zone 1 (Case
Name: Jefferson Street Apartments; Case No.: CT 2019-0015/CDP 2019-0033 (DEV2019-
0156)). (Staff contact: Jason Goff, Community Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolution.
Senior Planner Jason Goff 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 3:58 p.m.
The following individual called into the City Council Meeting and voiced their comment for
the record:
Jim Howler expressed concern over the affordability and parking issues of the housing
complex.
Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at
4:02 p.m.
In response to an inquiry from Council Member Norby, Senior Planner Goff explained that
there was no parking paid for in-lieu.
In response to an inquiry from Council Member Acosta, Senior Planner Goff explained that
there is one, two, and three story buildings in proximity to the complex and. there is no
provision that restricts developing a multi-story building adjacent to a one story building.
Dec.14,2021 Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Council Member Acosta, Senior Planner Goff explained that
there is a preservation plan for the Ficus trees on the development site.
In response to an inquiry from Council Member Bhat-Patel, Senior Planner Goff explained
that the density bonus is given through the state.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-287. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC
MEETING ON DEC. 16, 2021-Discuss how to proceed with public meetings until Jan. 14, 2022,
and take one of the following actions: 1) Consider adoption of Resolution No. 2021-288
making findings in accordance with AB 361 to continue virtual public meetings until Jan. 14,
2022;or
2) Direct staff to resume in-person public meetings beginning Dec. 16, 2021. (Staff contact:
Sheila Cobian, City Manager's Department)
City Manager's Recommendation: Discuss how to proceed and consider options.
Fire Chief Michael Calderwood 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 comments for
the record:
Dianne Woelke expressed support for continuing the virtual meeting format and continuing a
hybrid format once in-person meetings resume.
Vanessa Forsythe expressed support for continuing the virtual meeting format and continuing
a hybrid format once in-person meetings resume.
In response to an inquiry from Council Member Bhat-Patel, City Manager Scott Chadwick
explained that staff is currently looking into the cost associated with utilizing the hybrid
format once in-person meetings resume.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-288 continuing virtual public meetings until Jan. 14, 2022. Motion
carried, 4/1 (Hall -No).
16. AMENDMENTS TO CITY COUNCIL POLICY NO. 64 -Adoption of Resolution No. 2021-289
amending City Council Policy No. 64 to achieve consistency with current Federal
Communications Commission regulations and to modify and supplement the design
Dec.14,2021 Carlsbad City Council Regular Meeting Page 7
standards and processing procedures that apply to the installation of small wireless facilities.
(Staff contact: Corey Funk, Community Development)
City Manager's Recommendation: Adopt the resolution.
Associate Planner Corey Funk 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 comments for
the record:
Verizon Wireless representative Shahriar Afshar expressed support for the resolution.
AT&T Wireless representative John Osborne expressed concern for the 500 feet distance
requirement for SG poles and the requirement of having third party insurance as AT&T self-
insures itself
Irene Tsutsui representing a group (Maribel; Brian; Melissa and Maryanne) expressed concern
and opposition to the resolution and the 5G cell towers. She also expressed concern for the
500 foot distance requirement and urged the City Council to increase the distance between
poles.
Mark Graham expressed concern and opposition to the resolution and the SG cell towers. He
also expressed concern for the 500 foot distance requirement and Urged the City Council to
increase the distance between poles.
Vanessa Forsythe expressed concern for the 500 foot distance requirement between poles.
In response to an inquiry from Mayor Pro Tern Blackburn, Consultant Tripp May explained
that the applicant or carrier is responsible for providing their own insurance policy and range
from 2 million for a single occurrence to twenty five million aggregate and are general
commercial insurance liability policies.
In response to an inquiry from Mayor Pro Tern Blackburn, Consultant May explained that
companies that have self-insurance are up to the discretion of the City Manager for approval,
but they do usually require coverage of certain hazards that may occur by the applicant or
carrier.
In response to an inquiry from Mayor Pro Tern Blackburn, Principal Planner Eric Lardy
explained that there was no specific number required for self-insurance.
In response to an inquiry from Council Member Acosta, Consultant May explained that there
is a possibility for processing digital applications as opposed to physical applications but that
would be at the discretion of the City Council.
Dec.14,2021 Carlsbad City Council Regular Meeting Page 8
In response to an inquiry from Council Member Acosta, Principal Planner Lardy explained that
staff is currently looking into more ways to process applications and permits electronically.
In response to an inquiry from Council Member Norby, Principal Planner Lardy explained that
staff is neutral on the distance requirements for the 5G poles but did conclude that the 500
foot requirement is sufficient.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
modifications Nos. 3, 5, 6, and 8 to Policy 64. Motion carried unanimously, 5/0.
In response to an inquiry from Council Member Acosta, Principal Planner Lardy explained that
approving modificqtion No. 1 would likely result in less poles being installed.
In response to an inquiry from Council Member Acosta, Consultant May explained that
carriers already have rights to collocate within the boundaries in the criteria set by the
Federal Communications Commission.
Motion by Council Member Acosta, seconded by Council Member Norby, to approve
modification No. 1 to Policy 64. Motion failed, 2/3. (Bhat-Patel, Blackburn, Hall -No)
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-289. Motion carried. unanimously, 5/0.
Mayor Hall declared a recess at 5:35 p.m.
Mayor Hall reconvened the meeting at 5:45 p.m.
17. AMENDMENT NO. 5 TO EXTEND AND AMEND THE AGREEMENT FOR TRANSFER STATION AND
DISPOSAL SERVICES WITH PALOMAR TRANSFER STATION INC. -Adoption of Resolution No.
2021-290 approving Amendment No. 5 to extend and amend the agreement for Transfer
Station and Disposal Services with Palomar Transfer Station, Inc. for operation of the Palomar
Transfer Station; and authorizing the City Manager or designee to execute all functions of the
City Contract Manager as described in Amendment No. 5. (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 individual called into the City Council Meeting and voiced their comment for
the record:
Republic Services General Manager Neil Moore expressed support for the resolution and
thanked the City Council for their continued partnership.
Dec. 14, 2021 Carlsbad City Council Regular M·eeting Page 9
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-290. Motion carried unanimously, 5/0.
City Attorney Celia Brewer announced that there was a second component of the staff
recommendation that included authorizing the City Manager or designee to execute all the
agreements necessary. She further explained that it was not in the resolution and asked the
City Council to vote to approve the recommendation.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
the staff recommendation authorizing the City Manager or designee to execute all the
agreements necessary. Motion carried unanimously, 5/0.
18. SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN -1) Adoption of
Resolution No. 2021-291 accepting the completed Sustainable Materials Management
Implementation Plan, including a road map to implement City Council direction for new
environmental policies and approving two new full-time staff positions to implement those
policies and authorizing $79,583 in related funding from the General Fund during fiscal year
2021-22; and
2) Adoption of Resolution No. 2021-292 approving four new full-time staff positions for state-
mandated organics, recycling and food recovery programs, and increasing compensation for
the program manager and appropriating $249,048 in related funding from the Solid Waste
Enterprise Fund during fiscal year 2021-22 (Staff contact: James Wood, Public Works)
City Manager's Recommendation: Adopt the resolutions.
Environmental Management Director James Wood and Senior Program Manager Avecita
Jones 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 comments for
the record:
Janis Jones spoke about the ·dangers of single use plastics and urged the City Council to adopt
the resolutions.
Kevin Lee expressed support for the Sustainable Materials Management Implementation Plan
and the ban on single use plastics. He also urged the City Council to adopt the resolutions.
Dianne Woelke expressed support for the Sustainable Materials Management
Implementation Plan and urged staff to accelerate the implementation of the plan. She also
urged the City Council to caution the use of synthetic turf.
Dec. 14, 2021 Carlsbad City Council Regular Meeting Page 10
Carlsbad High Cleanup Crew representative Kenneth Pi/co expressed support for the
Susta.inable Materials Management Implementation Plan and the ban on single use plastics.
He also urged the City Council to adopt the resolutions.
Clean Earth 4 Kids representative Suzanne Hume expressed support for the Sustainable
Materials Management Implementation Plan and the ban on single use plastics. She also
urged the City Council to caution the use of synthetic turf.
San Diego Sierra Club Zero Waste Subcommittee Chairman Ron Aske/and expressed support
for the Sustainable Materials Management Implementation Plan and the ban on single use
plastics. He also urged the City Council to caution the use of synthetic turf.
Oceana representative Melissa Morris expressed support for the Sustainable Materials
Management Implementation Plan and the ban on single use plastics. She also urged the City
Council to adopt the resolutions.
Vanessa Forsythe expressed support for the Sustainable Materials Management
Implementation Plan and urged the City Council to adopt the resolutions approving the new
full-time staff positions.
In response to an inquiry from Mayor Pro Tern Blackburn, Environmental Management
Director Wood explained that the hiring of the two full-time staff are above what is required
by state law.
In response to an inquiry from Mayor Hall, Environmental Management Director Wood
explained that the hiring of the four full-time staff is to comply with new state requirements
and the hiring of the other two full-time staff is being funded by the General Fund to support
the single use plastics ban program.
In response to an inquiry from Mayor Hall, Environmental Management Director Wood
explained that other cities have hired similar numbers of staff to support these type of
programs.
In response to an inquiry from Mayor Hall, Environmental Management Director Wood
explained that they are working with the Communications Department to conduct outreach
to find out where businesses are at in the process of banning single use plastics and what
they need to fulfill the program requirements.
In response to an inquiry from Mayor Hall, Environmental Management Director Wood
explained that there is a challenge to find the viable replacement materials for plastics, but
staff is working with businesses to find the appropriate materials.
In response to an inquiry from Council Member Acosta, Environmental Management Director
Wood explained that the City Council would be receiving the municipal code updates with
Dec.14,2021 Carlsbad City Council Regular Meeting Page 11
the recommended changes in Spring or Summer 2022 and the enforcement of the plan would
occur July 1, 2023.
In response to an inquiry from Council Member Acosta, Environmental Management Director
Wood explained that initial plans were to have the program start within 12 months but
without the proper staffing there is no capacity to implement the compliance requirement.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution Nos. 2021-291 and 2021-292. Motion carried unanimously, 5/0.
19. APPOINT ONE MEMBER TO THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD -Adoption of Resolution No. 2021-293 appointing one member to the
Carlsbad Tourism Business Improvement District Advisory Board. (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 adopt Resolution No. 2021-
293 appointing William Canepa. Motion carried unanimously, 5/0.
20. APPOINT FOUR MEMBERS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN
ADVISORY COMMITTEE-1) Adoption of Resolution No. 2021-294 appointing one member to
the Community Development Block Grant Citizen Advisory Committee; and
2) Adoption of Resolution No. 2021-295 appointing one member to the Community
Development Block Grant Citizen Advisory Committee; and
3) Adoption of Resolution No. 2021-296 appointing one member to the Community
Development Block Grant Citizen Advisory Committee; and
4) Adoption of a resolution appointing one member to the Community Development Block
Grant Citizen Advisory Committee. (Staff contact: Tammy McMinn, City Clerk Department)
City Manager's Recommendation: Adopt the resolutions.
Council Member Norby explained that he was not prepared to make a District 1
recommendation at this time.
Motion by Council Member Bhat-Patel, seconded by Mayor Pro Tern Blackburn, to adopt
Resolution No. 2021-294, appointing Elizabeth Torio as the District 3 representative. Motion
carried unanimously, 5/0.
Motion by Mayor Pro Tern Blackburn, seconded by Mayor Hall, to adopt Resolution No. 2021-
295, appointing Keith Neigenfind, Jr. as the District 2 representative. Motion carried
unanimously, 5/0.
Dec. 14,2021 Carlsbad City Council Regular Meeting Page 12
Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to adopt
Resolution No. 2021-296, appointing Steven Gish as the District 4 representative. Motion
carried unanimously, 5/0.
In response to an inquiry from Council Member Norby, City Attorney Brewer explained that
there should be a quorum for the committee with the members they have now. She also
added that the position will be filled by the current applicant pool as staff does not intend to
readvertise the position.
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: Mayor Hall announced that the City Council Members may be participating
in the San Diego North Economic Development Council Luncheon -North County Economic
Development Awards on Thursday, Dec. 16, 2021 from 11 a.m. to 1:30 p.m. at Seabird Resort 101
Mission Avenue, Oceanside, CA 92054.
CITY MANAGER COMMENTS: City Manager Chadwick wished all the Council Members and city
staff a happy holiday and thanked them for working through the COVID-19 pandemic. He also
added that City Council provided staff with additional direction regarding the Strategic Goal Plan,
and they will be conducting community engagement after the holidays.
CITY ATTORNEY COMMENTS: City Attorney Brewer announced a clarification on Item No. 15
and explained that the item would return to the City Council at the first City Council regular
meeting and not the second City Council regular meeting in January 2022.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 7:03 p.m.
az:~
Hector Gomez, CMC
Deputy City Clerk