HomeMy WebLinkAbout2020-04-07; City Council; MinutesCITY COUNCIL
Apr. 7, 2020, 6 p.m.
CALL TO ORDER: 6:00 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None.
ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the City Council is
serving as the Community Development Commission on Public Hearing Item No. 10.
INVOCATION: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held March 10, 2020.
Minutes of the Special Meeting held March 17, 2020.
Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the
minutes as presented. Motion carried unanimously, 4/0.
PRESENTATIONS:
Presentation of proclamation in recognition of Earth Day. Council Member Bhat-Patel read the
proclamation, shared information about the 2020 Earth Day Climate Action theme, and explained
how residents can find more information about Earth Day on the internet.
PUBLIC COMMENT:
City Clerk Barbara Engleson read the public comments received from the following individuals
into the record:
Jan Neff-Sinclair thanked city staff for their continued efforts in response to the 2019 novel corona
virus disease.
Noel Breen commented regarding his concern about a social media post by Arts Commissioner
Bryan Snyder.
CONSENT CALENDAR:
Item No. 1 was pulled for discussion by a member of the public.
Item No. 4 was pulled for discussion by a Council Member Schumacher.
Apr. 7, 2020 Carlsbad City Council Regular Meeting Page 2
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 2, 3, 5, 6 and 7. Motion carried unanimously, 4/0.
This item was pulled for discussion by a member of the public.
1. CERTIFICATION OF MARCH 3, 2020 SPECIAL ELECTION RESULTS -Adoption of a resolution
reciting the facts of the results of the March 3, 2020 Special Election, declaring the results
and such other matters as provided by law. (Staff contact: Sheila Cobian, City Clerk Services)
2. REPORT ON CITY INVESTMENTS -Acceptance of a report on city investments as of Feb. 29,
2020. (Staff contact: Laura Rocha, Administrative Services and Craig Lindholm, City
Treasurer)
3. · ANNUAL REPORT OF INVESTMENTS FOR FISCAL YEAR ENDING JUNE 30, 2019 -Accept and
file the Annual Report of Investments for the Fiscal Year Ended June 30, 2019. (Staff contact:
Laura Rocha, Administrative Services and Craig Lindholm, City Treasurer)
This item was pulled for discussion by Council Member Schumacher.
4. APPROPRIATE FUNDS FOR COVID-19 LOCAL EMERGENCY -Adoption of a resolution
appropriating $3,000,000 from the City's Economic Uncertainty Set-Aside in the General Fund
to pay for costs related to the COVID-19 local emergency. (Staff contact: Laura Rocha,
Administrative Services)
5. AUTHORIZE DEPUTY CITY MANAGER OR DESIGNEE TO EXECUTE FORMS FOR PAYMENT
PROGRAMS THROUGH CALRECYCLE -Adoption of Resolution No. 2020-054 authorizing the
Deputy City Manager, Public Works, or designee to execute all necessary forms for payment
programs through the California Department of Resources, Recycling and Recovery. (Staff
contact: Avecita Jones, Public Works)
6. AUTHORIZE DEPUTY CITY MANAGER OR DESIGNEE TO SUBMIT NECESSARY FORMS AND
MANAGE ALL CALIFORNIA DEPARTMENT OF RESOURCES, RECYCLING AND RECOVERY
GRANTS -Adoption of Resolution No. 2020-055 authorizing the Deputy City Manager, Public
Works, or designee to submit necessary forms and manage all California Department of
Resources, Recycling and Recovery Grants for which the City of Carlsbad is eligible. (Staff
contact: Avecita Jones, Public Works)
7. PROGRAMMING OF ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDS TO THE
PAVEMENT MANAGEMENT PROGRAM, CAPITAL IMPROVEMENT PROGRAM PROJECT NO.
6001 -Adoption of Resolution No. 2020-056 authorizing the programming of Road
Maintenance and Rehabilitation Account funds to the Pavement Management Program,
Capital Improvement Program No. 6001, in Fiscal Year 2020-21. (Staff contact: Jonathan
Schauble, Public Works)
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION:
This item was pulled for discussion by a member of the public.
1. CERTIFICATION OF MARCH 3, 2020 SPECIAL ELECTION RESULTS -Adoption of Resolution No.
2020-053 reciting the facts of the results of the March 3, 2020 Special Election, declaring the
Apr. 7, 2020 Carisbad City Council Regular Meeting Page 3
results and such other matters as provided by law. (Staff contact: Sheila Cobian, City Clerk
Services)
City Clerk Barbara Engleson read the public comment received from the following individual
into the record:
Tracy Carmichael commented regarding her concern with full representation on the City
Council. She requested City Council take action and use the appointment process to effectively
govern the City of Carlsbad.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item No. 1. Motion carried unanimously, 4/0.
This item was pulled for discussion by Council Member Schumacher.
4. APPROPRIATE FUNDS FOR COVID-19 LOCAL EMERGENCY -Adoption of a resolution
appropriating $3,000,000 from the City's Economic Uncertainty Set-Aside in the General Fund
to pay for costs related to the COVID-19 local emergency. (Staff contact: Laura Rocha,
Administrative Services)
Council Member Schumacher explained she would like to make two motions including:
continuing Item No. 4 to a date certain of April 14, 2020, placing the item on the discussion
portion rather than the Consent Calendar, and adding an itemized reporting of COVID-19
related expenditures by department at each City Council meeting for the duration of the
emergency so that expenditures could be tracked.
In response to an inquiry from Mayor Hall, City Manager Scott Chadwick explained how staff
are operating while spending and tracking costs associated with the COVID-19 local
emergency under the current budget.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to continue Item No. 4 to the April 14, 2020 City Council meeting. Motion failed, 2/2
(Blackburn, Hall -No).
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to add an itemized reporting related to the COVID-19 pandemic expenditures at future City
Council meetings for the duration of the emergency. Motion carried unanimously, 4/0.
Motion by Mayor Pro-Tern Blackburn, seconded by Mayor Hall, to adopt a resolution in
Agenda Item No. 4. Motion failed, 2/2 (Schumacher, Bhat-Patel -No).
PRESENTATIONS CONTINUED:
Oath of Office Ceremony for District 1 City Council Member.
City Clerk Barbara Engleson administered the oath for Council Member Schumacher. Council
Member Schumacher thanked her family, community members and volunteers for their
support.
Apr. 7, 2020 Carlsbad City Council Regular Meeting
ORDINANCES FOR INTRODUCTION: None.
ORDINANCE FOR ADOPTION:
Page 4
8. INTRODUCTION AND ADOPTION OF AN URGENCY ORDINANCE ESTABLISHING NO PARKING
ZONES ON CARLSBAD BOULEVARD, PONTO DRIVE AND PONTO ROAD -Introduction and
adoption of urgency Ordinance CS-372 establishing a no parking zone on Carlsbad Boulevard
between Pine Avenue and La Costa Avenue, and on Ponto Drive between Ponto Road and the
south terminus, and on Ponto Road. (Staff contact: Paz Gomez, Public Works and Ron Kemp,
City Attorney)
City Manager's Recommendation: Introduce and adopt the urgency ordinance.
Deputy City Manager of Public Works Paz Gomez and Assistant City Attorney Ron Kemp
presented the report and reviewed a PowerPoint presentation (on file in the Office of the City
Clerk).
City Clerk Barbara Engleson read the public comment received from the following individual
into the record:
Patricia Brown-Goldojarb commented her concern with parking in her neighborhood and
requested action be taken.
City Attorney Celia Brewer titled the urgency ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
and adopt Ordinance CS-372. Motion carried unanimously, 4/0.
PUBLIC HEARINGS:
This item was continued from the Feb. 11, 2020 City Council Meeting
9. AMENDMENT OF FLOODPLAIN MANAGEMENT REGULATIONS-Staff presented the following
two options for City Council consideration:
1) Planning Commission's recommendation: That the City Council hold a public hearing and
introduce an ordinance approving an amendment to the Zoning Ordinance ZCA 2019-
0001; and adopt a resolution approving a Local Coastal Program Amendment [LCPA 2019-
0004] to amend Title 21 of the Carlsbad Municipal Code to update the city's Floodplain
Management Regulations to ensure they are consistent with federal guidelines. (Exhibits
1 and 2); or
2) Municipal Code and City Council Policy Update Subcommittee's recommendation: That
the City Council hold a public hearing and introduce Ordinance CS-373 approving an
amendment to the Zoning Ordinance ZCA 2019-0001 as amended by the Municipal Code
and City Council Policy Update Subcommittee on May 9, 2020 and adopt Resolution No.
2020-057 approving a Local Coastal Program Amendment [LCPA 2019-0004] to amend
Title 21 of the Carlsbad Municipal Code to update the city's Floodplain Management
Regulations to ensure they are consistent with federal guidelines. (Exhibits 3 and 4) (Staff
contact: Jason Geldert, Community Development)
Apr. 7, 2020 Carlsbad City Council Regular Meeting Page 5
City Manager's Recommendation: Take public input, close the public hearing, introduce the
ordinance and adopt the resolution.
Community Development Director Jeff Murphy 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 6:39 p.m.
Hearing there was no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing
at 6:39 p.m.
In response to an inquiry from Mayor Hall, City Attorney Celia Brewer explained Federal
Emergency Management Agency's (FEMA's) standards were not changed, however some
additional discretionary modifications were made to suit the needs of the City of Carlsbad.
City Attorney Celia Brewer titled the ordinance.
Motion by Mayor Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to
introduce and adopt Ordinance CS-373 and adopt Resolution No. 2020-057. Motion carried
unanimously, 4/0.
10. FISCAL YEAR 2020 FIVE YEAR AND ANNUAL PUBLIC HOUSING AGENCY PLANS -Adoption of
Community Development Commission Resolution No. 546 approving the 5-Year PHA Plan for
Fiscal Year 2020 and Annual PHA Plan for submission to the U.S. Department of Housing and
Urban Development (HUD). (Staff contact: Bobbi Nunn, Community Development)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
resolution.
Senior Housing Program Manager Bobbi Nunn 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 6:50 p.m.
Hearing there was no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing
at 6:50 p.m.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Community Development Commission Resolution No. 546. Motion carried unanimously, 4/0.
11. DRAFT FISCAL YEAR 2020-25 FIVE YEAR CONSOLIDATED PLAN FOR THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM-The City Council hold a public hearing to consider
and accept public comment on the draft fiscal year 2020-25 Five Year Consolidated Plan for
the City's Community Development Block Grant Program. (Staff contact: Nancy Melander,
Community Development)
Apr. 7, 2020 Carlsbad City Council Regular Meeting Page 6
City Manager's Recommendation: Take public input on the draft plan and close the public
hearing.
Program Manager Nancy Melander 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 6:57 p.m.
Hearing there was no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing
at 6:57 p.m.
Action: Council received the report.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. FORMATION OF AN AD-HOC CITY COUNCIL ECONOMIC REVITALIZATION SUBCOMMITTEE -
Adoption of Resolution No. 2020-058 authorizing the formation of an Ad-Hoc City Council
Economic Revitalization Subcommittee. (Staff contact: Sheila Cobian, City Clerk Services)
City Manager's Recommendation: Adopt the resolution.
Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2020-
058 appointing Mayor Hall and Council Member Bhat-Patel to the Ad-Hoc City Council
Economic Revitalization Subcommittee. Motion carried, 3/1 (Schumacher-No).
City Clerk Barbara Engleson read the public comments received from the following individuals
into the record:
Bret Schanzenbach, representing Carlsbad Chamber of Commerce, commented in support of
the ad-hoc subcommittee.
Kurt Stocks, representing LEGOLAND California Resort, commented in support of the ad-hoc
subcommittee and Council Member Bhat-Patel's appointment.
Council Member Schumacher asked that Christine Davis' letter of recommendation be read
for the record.
City Manager Scott Chadwick read the public comment received from the following individual
into the record:
Christine Davis, Executive Director of the Carlsbad Village Association, commented in support
of the ad-hoc subcommittee and Council Member Schumacher's appointment to the
committee.
13. TEMPORARY SUSPENSION OF EVICTIONS OF COMMERCIAL TENANTS LOCATED IN THE CITY
OF CARLSBAD FOR NONPAYMENT OF RENT DUE TO COVID-19 RELATED DECREASES IN
Apr. 7, 2020 Carlsbad City Council Regular Meeting Page 7
BUSINESS INCOME -Adoption of Resolution No. 2020-059 temporarily suspending evictions
of commercial tenants located in the City of Carlsbad for nonpayment of rent due to COVID-
19 related decreases in business income. (Staff contact: Cindie McMahon, City Attorney)
City Manager's Recommendation: Adopt the resolution.
Assistant City Attorney Cindie McMahon presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
City Clerk Barbara Engleson read the public comments received from the following individuals
into the record:
Socorro Anderson commented her concern with residential evictions due to 2019 novel corona
virus disease. She requested action be taken to limit residential evictions.
Bret Schanzenbach, President and CEO of the Carlsbad Chamber of Commerce, commented in
support of the resolution.
Michael Mcsweeney, representing the San Diego Chapter of NA/OP Commercial Real Estate
Development Association and the Building Industry Association of San Diego, emailed a
statement regarding the organizations' concerns with the resolution's potential injury to
commercial property owners, offered recommendations and requested amendments
including notification be required to be made before or on the date rent is due and no later,
no more than 1 week or 7 days to provide this information rather than 10 days, as proposed,
and include language to that says all rent is due when the tenant moves out so it is clear that
move out does not remove the obligation to pay rent that was due.
Larry Tucker commented his opposition to the resolution and requested City Council consider
alternatives as other jurisdictions have.
Wendy Sal/in commented her concern with providing documentation to her landlord to receive
protections due to the 2019 novel corona virus disease.
In response to an inquiry from Council Member Schumacher, Assistant City Attorney Cindie
McMahon explained the possible legal risks involved if the time periods and fees were
changed.
In response to an inquiry from Mayor Hall, Assistant City Attorney Cindie McMahon listed
resources available online, including California Governor Gavin Newsom's website, and the
Legal Aid Society of San Diego branch office in Oceanside. City Manager Scott Chadwick
explained resources are available and updated daily on the city's website. He also shared
there are two staff members dedicated to assisting commercial and resident's with inquiries
and providing information.
Apr. 7, 2020 Carlsbad City Council Regular Meeting Page 8
Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to
revise language in the resolution in paragraph 2 to read: "That under the authorization in
Governor Newsom's Executive Order N-28-20, and the City Council's power under California
Government Code Section 8634, to issue orders necessary to protect life and property during
a local emergency, and to the extent permitted by federal law, the City Council orders
evictions of commercial tenants located in the City of Carlsbad to be suspended until the local
emergency is terminated, or the withdrawal of Governor Newsom's executive order N-28-20,
whichever occurs sooner, if the commercial tenant satisfies all of the following
requirements." Motion carried, 3/1 (Hall -No).
Minute Motion by Council Member Schumacher, to change the language in Paragraph 4 to
read: "If a tenant complies with the requirements of this resolution, a landlord shall not
charge or collect any late fees for rent that is delayed for the reasons set forth in this
resolution." Motion failed due to lack of a second.
Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel,
to change the language in Paragraph 4 to read: "After the expiration of the local emergency
declaration and which the commercial tenant shall have up to six months from the date this
resolution is effective or the expiration of the local emergency, whichever occurs soonest.
Motion failed, 2/2 (Blackburn, Hall -No).
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2020-059 as amended. Motion carried unanimously, 4/0.
COUNCIL REPORTS AND COMMENTS: Mayor Hall and City Council Members reported on
activities and meetings of some committees and subcommittees of which they are members.
They also thanked, encouraged, and advised the community about resources in regard to the
COVID-19 pandemic.
CITY MANAGER COMMENTS: City Manager Scott Chadwick thanked city staff for their efforts
during the COVID-19 pandemic.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 8:04 p.m. in memory of
Teresa Cannon.
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Mia De Marzo
Deputy City Clerk