HomeMy WebLinkAbout2021-03-23; City Council; Minutes (2)CITY COUNCIL
Minutes
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
March. 23, 2021 3 p.m.
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Feb. 9, 2021
Minutes of the Special Meeting held March 9, 2021
Minutes of the Special Meeting held March 16, 2021
Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the
minutes as presented. Motion carried unanimously, 5/0.
PRESENTATIONS:
Proclamation in Recognition of National Women's History Month
Council Member Bhat-Patel, Council Member Acosta, and Council Member Schumacher
presented the proclamation. Deputy City Manager, Public Works Paz Gomez thanked the City
Council and said a few words. City Manager Scott Chadwick announced the scholarship recipients
of the Women's Advanced Leadership Program were Recreation Area Manager Tracy Stayton,
Engineering Technician ll Teresa Hodges and Senior Accountant Brigid Drury.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: No reportable action.
PUBLIC COMMENT:
The following individuals called into the City Council Meeting and voiced their comments for the
record:
Karl Aldinger, representing the Sierra Club of San Diego, advocated against racial and social
injustices and expressed support for the declaration of a climate emergency resolution.
Mary Lucid thanked staff for their work on a video for the senior center and advocated for more
resources for the senior center.
March 23, 2021 Carlsbad City Council Regular Meeting Page 2
Diana Aguirre thanked Council Member Schumacher for her work with the Clean Energy Alliance
(CEA).
Marissa Goswami expressed her support of a community park in Pont° Area F.
Noel Breen expressed his concern with senior non-Carlsbad residents not receiving free meals at
the senior center. He also expressed his concern with the energy bill savings proposed by the CEA.
Maureen Simons requested Council Member Schumacher's resignation from the City Council.
Janice Rodriguez advocated for more community gardens in the city.
Alexander Rodrigues advocated for more bike lanes on Camino De Los Coches.
CONSENT CALENDAR:
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 through 4 and 6. Motion carried unanimously, 5/0.
1.2020 HOUSING ELEMENT ANNUAL PROGRESS REPORT — Adoption of Resolution No. 2021-
064 accepting the 2020 Housing Element Annual Progress Report. (Staff contact: Corey Funk,
Community Development)
2.AWARD OF CONTRACT TO ABHE & SVOBADA, INC. AND ADDITIONAL APPROPRIATIONS FOR
LAKE CALAVERA OUTLET IMPROVEMENTS PROJECT — Adoption of Resolution No. 2021-065
accepting bids and awarding a construction contract to Abhe & Svoboda, Inc. for construction
of the Lake Calavera Outlet Improvements, CIP Project No. 5054 in an amount not to exceed
$791,956, and approving additional appropriation in an amount of $176,000 from the
General Capital Construction Fund. (Staff contact: Vicki Quiram and David Padilla, Public
Works)
3.ADVERTISE FOR BIDS FOR TEMPORARY TRAILERS FOR THE POLICE AND FIRE HEADQUARTERS
RENOVATION PROJECT, CIP NO. 4715 — Adoption of Resolution No. 2021-066 approving the
plans and specifications and authorizing the City Clerk to advertise for bids for temporary
trailers for the Police and Fire Headquarters Renovation Project, CIP Project No. 4715. (Staff
contact: Steven Stewart, Public Works and Mickey Williams, Police Department)
4.AWARD OF CONTRACT TO LC PAVING & SEALING FOR SURFACE DRAINAGE IMPROVEMENTS
PROJECT — Adoption of Resolution No. 2021-067 accepting bids and awarding a contract to
LC Paving & Sealing, Inc., for construction of the Citywide Drainage Improvement Program —
Surface Drainage Improvements Project, CIP Project No. 6608, in an amount not to exceed
$323,835. (Staff contact: Jason Evans, Public Works)
March 23, 2021 Carlsbad City Council Regular Meeting Page 3
This item was pulled for discussion by Council Member Acosta.
5.REVISIONS TO PART-TIME CUSTODIAN AIDE PAY RANGE AND SALARY ADJUSTMENTS FOR
EMPLOYEES THAT FALL BELOW NEW MINIMUM PAY RATE — Adoption of a resolution
approving revisions to the City of Carlsbad Part-Time Salary Schedule and pay increases for
part-time custodian aide employees whose pay rate falls below the new minimum pay rate
for part-time custodian aide. (Staff contact: Drew Cook and Judy von Kalinowski,
Administrative Services)
6.2021 HAZARD REDUCTION PROGRAM — Adoption of Resolution No. 2021-069 declaring
weeds and rubbish upon private property in the City of Carlsbad as public nuisances under
the terms of the City of Carlsbad's Hazard Reduction Program and scheduling a public hearing
on the topic for April 20, 2021. (Staff contact: Randy Metz, Fire Department)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
This item was pulled for discussion by Council Member Acosta.
5. REVISIONS TO PART-TIME CUSTODIAN AIDE PAY RANGE AND SALARY ADJUSTMENTS FOR
EMPLOYEES THAT FALL BELOW NEW MINIMUM PAY RATE—Adoption of Resolution No. 2021-
068 approving revisions to the City of Carlsbad Part-Time Salary Schedule and pay increases
for part-time custodian aide employees whose pay rate falls below the new minimum pay
rate for part-time custodian aide. (Staff contact: Drew Cook and Judy von Kalinowski,
Administrative Services)
Council Member Acosta thanked custodial staff for their work during the COVID-19 pandemic.
Motion by Council Member Acosta, seconded by Mayor Pro Tern Blackburn, to adopt
Resolution No. 2021-068. Motion carried unanimously, 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION: None.
PUBLIC HEARINGS:
7.FISCAL YEAR 2021 ANNUAL PUBLIC HOUSING AGENCY PLAN — Adoption of Community
Development Commission Resolution No. 549 approving the Annual Public Housing Agency
Plan for fiscal year 2021 for submission to the U.S. Department of Housing and Urban
Development. (Staff contact: Bobbi Nunn, Community Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt a
resolution.
Senior Program Manager Bobbi Nunn presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
March 23, 2021 Carlsbad City Council Regular Meeting Page 4
Mayor Hall opened the duly noticed Public Hearing at 3:42 p.m.
Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:42
p.m.
In response to an inquiry from Council Member Schumacher, Housing Services Manager
David De Cordova explained that of the 600 individuals assisted by the housing navigator, 14
of them were placed into housing.
In response to an inquiry from Council Member Schumacher, Senior Program Manager Nunn
explained that there are currently 550 applicants on the Section 8 housing waiting list.
In response to an inquiry from Mayor Hall, Senior Program Manager Nunn explained there is
a preference given to disabled, elderly and military veterans for Section 8 housing.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Community Development Commission Resolution No. 549. Motion carried unanimously, 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. RESULTS ON COMMUNITY INPUT MEETINGS REGARDING CIVILIAN OVERSIGHT OF THE
POLICE DEPARTMENT— Receive a presentation regarding the results of the police community
input meetings held in each City Council district and provide direction to staff as necessary.
(Staff contact: Kristina Ray and Sheila Cobian, City Manager Department)
City Manager's Recommendation: Receive the presentation and provide direction to staff
as necessary.
Communication and Engagement Director Krishna Ray, and Assistant to the City Manager
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 comments for
the record:
Jessica Kramer expressed her concern for the lack of community outreach with the disabled
and homeless community in regard to the police oversight committee meetings. She also
advocated for more oversight of the police department with community input.
Ellie Arkans questioned the purpose and need for a police oversight committee in Carlsbad.
Tracy Carmichael advocated against the police oversight committee and suggested other
ways to establish a liaison between the police department and citizens.
March 23, 2021 Carlsbad City Council Regular Meeting Page 5
Keyrollos Ibrahim expressed his support for the police oversight committee and urged further
action to better the relations between the police department and citizens.
Lauren Inglis expressed support for the police oversight committee.
Yusef Miller of the North County Equity and Justice Coalition and the North County National
Association for the Advancement of Colored People (NAACP) expressed his support for the
police oversight committee and urged further action to better the relations between the police
department and citizens.
In response to an inquiry from Mayor Pro Tern Blackburn, City Attorney Brewer explained
that staff can return to the City Council with a plan or template of the formation of the
oversight committee for further discussion.
Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to
direct staff to work with a consultant and return to the City Council with a plan or template
to form a committee or commission with citizen representation from each district selected
by the respective council member and a member of the Carlsbad Police Officers Association
that would meet quarterly or monthly (as needed) and identify issues to bring to the Police
Chief and Assistant Police Chief for consideration with final decision to be made by the Police
Chief. Motion carried, 4/1 (Hall — No).
Council received the report.
Mayor Hall declared a recess at 4:36 p.m.
Mayor Hall reconvened the meeting at 4:45 p.m.
9. LEGAL RISKS ASSOCIATED WITH REMOVAL OF ILLEGAL ENCAMPMENTS DURING COVID-19
Receive this informational report, provide any desired direction to staff on this issue. (Staff
contact: Allegra Frost, City Attorney Department and Matt Magro, Police Department)
City Manager's Recommendation: Receive the report and provide direction to staff.
Deputy City Attorney Allegra Frost and Police Captain Matt Magro 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:
Tracy Carmichael expressed her concern for the homeless crisis and urged further action to
solve the issue.
March 23, 2021 Carlsbad City Council Regular Meeting Page 6
In response to an inquiry from Council Member Schumacher, Deputy City Attorney Frost
explained that there does not need to be an adequate number of shelter beds in the city's
boundaries but there needs to be reasonable access to the shelter beds.
In response to an inquiry from Council Member Schumacher, Police Captain Magro explained
that if business owners have an illegal encampment on their properly they can call the police
department for service. He further explained that the business owner can also file a trespass
authorization form that allows employees of the business to call in service to the police for
illegal encampments.
In response to an inquiry from Council Member Schumacher, Police Captain Magro explained
that when removing illegal encampments the Police Department always tries to help the
homeless effected by providing resources such as housing services.
Council received the report.
10. CONSIDER POSSIBLE PROGRAMS TO ADDRESS HOMELESSNESS IN THE CITY OF CARLSBAD
1)Receive the staff report, consider program options that are described and provide staff
direction, as appropriate; and
2)If the City Council implements option 7, adoption of Resolution 2021-070 authorizing the
formation of a standing City Council Homeless Action Subcommittee. (Staff contact: Holly
Nelson, Police Department and Jeff Murphy, Community Development)
City Manager's Recommendation: Receive the report, consider the program options and if
implementing option 7, adoption of the resolution.
Senior Homeless Program Manager Holly Nelson 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:
Tracy Carmichael expressed her concern over the costs of homeless services and the lack of
accountability for the services.
In response to an inquiry from Council Member Schumacher, Senior Homeless Program
Manager Nelson explained that hiring social workers for the City of Carlsbad was considered
as part of one of the programs, but the County of San Diego had already requested additional
social workers and there was potential that a social worker would be assigned to the Carlsbad
area.
In response to an inquiry from Council Member Schumacher, City Manager Scott Chadwick
explained that funding for the programs could be fully reimbursed through September 30th,
2021 by the Federal Emergency Management Agency (FEMA).
March 23, 2021 Carlsbad City Council Regular Meeting Page 7
In response to an inquiry from Council Member Acosta, Senior Homeless Program Manager
Holly Nelson explained that the hiring of a clinician and an additional member of the
Homeless Outreach Team (HOT) would be permanent positions.
In response to an inquiry from Council Member Acosta, City Manager Chadwick explained
that the hiring of new staff for these programs can be limited positions where dates would
be set for when the position would end.
In response to an inquiry from Council Member Acosta, Senior Homeless Program Manager
Nelson explained that currently in North County only Operation HOPE and Solutions for
Change serve families including women.
In response to an inquiry from Council Member Bhat-Patel, City Manager Chadwick explained
that for Option 7 the standing committee would only serve the City of Carlsbad.
In response to an inquiry from Mayor Pro Tern Blackburn, Police Chief Neil Gallucci explained
that in 2020 there were 522 mental health transports.
In response to an inquiry from Mayor Pro Tern Blackburn, Senior Homeless Program Manager
Nelson explained that one of the goals of the program is to have at least 50% of the people
served transition into permanent housing and at least 30% of the people served into
emergency shelters or a transitional housing program.
In response to an inquiry from Mayor Pro Tern Blackburn, Police Chief Gallucci explained that
the police officers who serve on the HOT are official police officers and if needed can be used
to provide regular police services.
Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn to approve:
Option 1 — Hire an employment and benefit specialist,
Option 3 — Enhancing Clinical Services at La Posada Emergency Shelter,
Option 4 — Initiate a hotel/motel voucher program for one-year pilot program with an
amendment to include that the city would contract with the Humane Society to provide
temporary shelter for pets if necessary,
Option 4a — Hire a program manager to provide case management for the hotel/motel
voucher program, and
Option 6 — Authorize up to $450,000 for increased Community Resource Center services.
Motion carried, 4/1 (Hall — No).
Motion by Council Member Schumacher, seconded by Council Member Priya Bhat-Patel, to
approve Option 2, Alternative 2 to hire one police sergeant, two police officers and contract
with two additional social workers to be primarily deployed on bike and foot patrol as
homeless outreach officers providing additional four-day-a-week coverage. Motion carried,
3/2 (Hall, Blackburn — No).
March 23, 2021 Carlsbad City Council Regular Meeting Page 8
Council Member Schumacher reviewed a PowerPoint presentation of the proposed changes
to the resolution (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Bhat-Patel, Council Member Schumacher
agreed to change the language in the resolution from "substance abuse" to "substance use".
Motion by Council Member Schumacher, seconded by Council Member Priya Bhat-Patel, to
adopt Resolution No. 2021-070 as amended. Motion carried, 5/0.
11. CITY FRANCHISE AGREEMENT FOR SOLID WASTE RECYCLING AND ORGANICS SERVICES
1)Adoption of a resolution approving a city franchise agreement for recycling, organics and
solid waste collection and organic materials processing service with EDCO Disposal
Corporation and authorizing the City Manager, or designee, to execute all functions of the
"City Contract Manager" as described in the franchise agreement; or
2)Adoption of a resolution approving a city franchise agreement for recycling, organics and
solid waste collection and organic materials processing service with Republic Services, Inc.,
dba "allied Waste Services of North America" and authorizing the City Manager, or designee,
to execute all functions of the "City Contract Manager" as described in the franchise
agreement. (Staff contact: James Wood, Public Works)
City Manager's Recommendation: Adopt the resolution.
Environmental Manager James Wood and HF&H Consultant Rob Hilton presented the report
and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Hall, Mayor Pro Tern Blackburn, Council Member Acosta, Council Member Bhat-Patel
and Council Member Schumacher discussed their ex parte disclosures. They explained they
had all been contacted by EDCO and Republic Services representatives but did not speak to
them. Council Member Bhat-Patel and Council Member Schumacher also disclosed they had
listened to the Teamsters Union Representatives comments on the item.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Greg Navarre expressed his concern over the EDCO proposal and their ability to keep the
employees at the Carlsbad site under the same union and benefits previously offered by Waste
Management. He also suggested that the City Council choose a union supported waste
management company.
Steve South expressed his support for the EDCO proposal.
March 23, 2021 Carlsbad City Council Regular Meeting Page 9
In response to an inquiry from Council Member Bhat-Patel, Environmental Manager Wood
explained that both EDCO and Republic Services agreed to recognize the union workers
currently in Carlsbad.
In response to an inquiry from Mayor Hall, HF&H Consultant Hilton explained that Republic
Services has a traditional compost facility and is not designed to remove the methane from
the compost to turn it into a bio gas. He also added that the City of Carlsbad would not be
obligated to take any of the waste back with EDCO.
In response to an inquiry from Mayor Hall, Environmental Manager Wood explained that
EDCO's fleet of trucks are powered by renewable natural gas from the methane gas recovered
from the city's compost while Republic Services fleet of trucks are powered by compressed
natural gas purchased from an open market.
In response to an inquiry from Council Member Acosta, Environmental Manager Wood
explained that many of the exceptions that EDCO had in their proposal were related to
liquidated damages that staff had included in the Request for Proposals (RFP).
In response to an inquiry from Council Member Acosta, HF&H Consultant Hilton explained
that in EDCO's proposal they took exceptions to audited financial statements and labor
protections. He further explained that EDCO has never paid liquidated damages in contracts
with other cities and they had concerns with some of the amounts.
Mayor Hall declared a recess at 7:44 p.m.
Mayor Hall reconvened the meeting at 7:48 p.m.
The following individuals called into the City Council Meeting and voiced their comments for
the record:
Jose Puga of Teamsters Local 683 expressed his concern over the EDCO proposal and their
ability to offer the same benefits previously offered by Waste Management. He also suggested
that the City Council make sure that the company chosen guarantee the terms they promise
employees.
Javara Perrilliat representing a group (Neil Mohr; Scott Sterner and Risa Baron) spoke in
support of the Republic Services proposal.
Motion by Council Member Bhat-Patel, seconded by Mayor Hall to continue the item to the
City Council meeting of April 6, 2021. 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.
March 23, 2021 Carlsbad City Council Regular Meeting Page 10
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Regular Meeting at 8:11 p.m.
Hector Gomez
Deputy City Clerk