HomeMy WebLinkAbout2022-04-28; City Council Member Requests for Staff Support at Community Meetings (Districts - All); Cobian, SheilaTo the members of the:
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April 28, 2022
To:
From:
Via:
Council Memorandum
ers of the City Council
ituent Services Director
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Carlsbad
Memo ID #2022051
Re:
Honorable Mayor Hal
Sheila Cobian, Legislativ
Scott Chadwick, City M na
City Council Member Re s for Staff Support at Community Meetings (Districts -All)
This memorandum is being provided as a result of a recent increase in requests to provide staff
support at community meetings coordinated by City Council members.
Background
City Council members may request on occasion that a community meeting be held to address
topics of district or citywide concern or interest. These meetings may take place outside of
regular business hours and require that the City Manager allocate staff and other resources to
help facilitate the meetings.
At the City Council meeting of June 22, 2021, the City Council voted unanimously to direct the
City Manager to return at a future City Council meeting with a draft policy that outlined the
process for how city resources, including staff, are able to be equitably and feasibly managed in
response to City Council member requests for community meetings on a district and citywide
basis.
On Sept. 21, 2021, staff presented a report with a draft policy for the City Council's consideration
that outlined potential procedures for City Council requests for staff resources at community
meetings (Attachment A). At that meeting, the City Council chose to address such requests by
adding language to the part of its Code of Ethics that relates to City Council communications
rather than adopting the proposed City Council policy. A synopsis of that discussion can be found
in the Sept. 21, 2021, City Council meeting minutes (Attachment B).
Discussion
Now that Covid-19 pandemic regulations have begun to ease, there has been a marked increase
in the number of City Council requests for staff supportat community meetings. Because of this
increase, and to ensure equitable distribution of staff resources to all City Council members, staff
is returning the Sept. 21, 2021, item back to City Council to reconsider the establishment of
procedures to request staff resources.
Policy & Leadership
City Manager Department
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2917 t
Council Memo -City Council Member Requests for Staff Support at Community Meetings
April 28, 2022
Page 2
Next Steps
Staff will return to the City Council at an upcoming City Council meeting with a draft City Council
Policy outlining possible guidelines for City Council member requests for staff resources at
community meetings.
Attachment: A. Sept. 21, 2021, City Council Staff Report -City Council Policy No. 92 -Allocation
of City Resources Relating to Council Member Requests for Community Meetings
B. Sept. 21, 2021, City Council Meeting Minutes
cc: Geoff Patnoe, Assistant City Manager
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney
CI TY C·OUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Sept. 21, 2021
Mayor and City Council
Scott Chadwick, City Manager
Sheila Cobian, Director of Legislative & Constituent Services
sheila.cobian@carlsbadca.gov, 760-434-2917
Attachment A
CA Review CKM
Subject: City Council Policy No. 92 -Allocation of City Resources Relating to
Council Member Requests for Community Meetings
District: All
Recommended Action
Adopt a resolution approving City Council Policy No. 92-Allocation of City Resources Relating
to Council Member Requests for Community Meetings.
Executive Summary/Discussion
City Council members may request on occasion that a community meeting be held to address
topics of district or citywide concern. These meetings may take place outside of regular
business hours and require that the City Manager allocate staff and other resources to assist in
the facilitation of the meetings.
At the City Council meeting of June 22, 2021, the City Council voted unanimously to direct the
City Manager to return at a future City Council meeting with a draft policy that outlines the
process for how city resources, including staff, are able to be equitably and feasibly managed in
response to council member requests for community meetings on a district and citywide basis.
The policy is included as Attachment A of Exhibit 1. Adoption of the policy requires four
affirmative votes of the City Council.
Fiscal Analysis
While adoption of this policy has no direct fiscal impact, the use of city resources to support
community meetings will have an impact. The fiscal year 2021-22 budget is sufficient to absorb
the expected costs in the current fiscal year and required funding will be requested in future
year budget requests.
Next Steps
The City Clerk's Office will update the City Council policies on the intranet, in the city's
electronic document management system and the city's website to reflect the updated City
Council policy.
Sept. 21, 2021 Item #9 Page 1 of 5
Environmental Evaluation (CEQA)
In keeping with California Public Resources Code Section 21065, this action does not constitute
a "project" within the meaning of the California Environmental Quality Act in that it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. Therefore, it does not require
environmental review.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 24 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
Sept. 21, 2021 Item #9 Page 2 of 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING CITY COUNCIL POLICY NO. 92, ALLOCATION
OF CITY RESOURCES RELATING TO CITY COUNCIL MEMBER REQUESTS
FOR COMMUNITY MEETINGS
Exhibit 1
WHEREAS, on June 22, 2021, by motion the City Council directed the City Manager to return
to City Council at a future meeting with a draft City Council Policy to outline the process for how city
resources, including staff, are able to be equitably and feasibly managed in response to council
member requests for community meetings on a district and citywide basis; and
WHEREAS, staff prepared draft City Council Policy No. 92 (Attachment A) for City Council
consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. The above recitations are true and correct.
2. City Council Policy No. 92 -Allocation of City Resources Relating to Council Member Requests
for Community Meetings (Attachment A) is approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Sept. 21, 2021
MATT HALL, Mayor
FAVIOLA MEDINA, CMC
City Clerk Services Manager
(SEAL)
Item #9 Page 3 of 5
City Council
POLICY STATEMENT
Policy No.
Date Issued
Resolution No.
Attachment A
92
Sept. 21, 2021
Subject: Allocation of City Resources Relating to Council Member Requests for Community
Meetings
Purpose
The purpose of this policy is to establish how to allocate city resources, including staff, as it
relates to City Council member requests for community meetings on a district and citywide
basis.
Background
When City Council members organize a community-based meeting on issues of a district or
citywide importance they may request resources such as staff support and materials to conduct
these meetings. It is the desire of the City Council to establish procedures to fairly allocate
resources to each requesting City Council member for meetings they host in their districts.
Since those meetings may require staff support outside of routine city operations, the following
policy shall be implemented to ensure that resources are allocated equitably to all City Council
members.
While representing their respective districts, City Council members often are invited to meet
with community groups directly. This policy does not apply to community meetings organized
by other organizations and where city resources, including staff support are not requested.
Statement of policy
It is the policy of the City Council of the City of Carlsbad to adhere to the following procedures
when requesting support for community meetings:
1. All requests shall be made through the City Manager with a preferred advance notice of
three weeks.
2. It is suggested that each district representative conduct up to three community-based
meetings per year in which staff resources might be requested.
3. A maximum of two staff members and/or consultants shall be dedicated to each
meeting.
4. City Council members shall be responsible for obtaining the desired venue.
5. Staff will not create collateral materials other than items currently in inventory.
6. All meetings must be of district or citywide concern and shall not be political in nature.
7. If a meeting is requested in another City Council member's district, the requesting City
Council member must secure written acknowledgement prior to scheduling the meeting
from the districts' City Council member.
8. Due to the citywide nature of the position of the Mayor, the Mayor may hold meetings
in any district consistent with the above provisions.
Sept. 21, 2021 Item #9 Page 4 of 5
City Council Policy Statement No. 92
Sept. 21, 2021
Page 2
Procedure
A. Any member of the City Council may request staff support of a community meeting
through the City Manager with a preferred notice of three weeks in advance of the
desired meeting date.
B, The City Manager shall assign the appropriate staff member or consultant support for
the requested meeting.
C. Any requests for community meeting support beyond the scope of this City Council
Policy shall require formal City Council approval prior to authorization.
Sept. 21, 2021 Item #9 Page 5 of 5
CITY COUNCIL
Minutes
Sept. 21, 2021, 3 p.m .
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
Attachment B
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance.
INVOCATION: None.
PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: N/A.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held July 27, 2021
Minutes of the Special Meeting held Aug. 17, 2021
Minutes of the Regular Meeting held Aug. 24, 2021
Minutes of the Special Meeting held Aug. 31, 2021
Motion by Mayor Pro-Tern Blackburn, seconded by Council Member Bhat-Patel, to approve the
minutes as presented. Motion carried, 4/0/1 (Norby-Abstain).
PRESENTATIONS: None.
PUBLIC COMMENT:
The following individuals called into the City Council Meeting and voiced their comment for the
record:
Mary Lucid spoke regarding the direction of Senior Center services.
Tracy Carmichael spoke regarding the amendment of AB 361 and the changes made to
participation in City Council meetings.
CONSENT CALENDAR:
The following individual called into the City Council Meeting and voiced their comment for the
record:
Superintendent of the Carlsbad Unified School District Ben Churchill spoke regarding the positive
working relationship between the city and the school district and thanked the City Council and
City Manager for their ongoing support of the School Resource Office Program.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item Nos. 1 and 2. Motion carried unanimously, 5/0.
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 2
1. LEASE AGREEMENT WITH MIRA COSTA COMMUNITY COLLEGE DISTRICT FOR THE LAS
PALMAS PROPERTY, LOCATED AT 2075 LAS PALMAS DRIVE -Adoption of Resolution No.
2021-211 authorizing the City Manager to execute a four-year, 364-~ay lease agreement with
Mira Costa Community College District for APN 213-061-19-00, located at 2075 Las Palmas
Drive. (Staff contact: Curtis Jackson, Real Estate)
2. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR
THE SCHOOL RESOURCE OFFICE PROGRAM-Adoption of Resolution No. 2021-212 approving
a Memorandum of Understanding between the City of Carlsbad and Carlsbad Unified School
District for the School Resource Officer Program for the 2021-22 School Year. (Staff contact:
Cindy Anderson, Police Department)
This item was pulled for discussion by Mayor Pro Tem Blackburn.
3. COLLECTION OF CITY EMPLOYEE VACCINATION INFORMATION -Adoption of a resolution
empowering the Director of Emergency Services to require the collection of city employee
vaccination information to aid the city's COVID-19 pandemic planning, prevention, response
and compliance efforts. (Staff Contact: Judy van Kalinowski, Administrative Services
Department)
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:.
This item was pulled for discussion by Mayor Pro Tem Blackburn.
3. COLLECTION OF CITY EMPLOYEE VACCINATION INFORMATION -Adoption of a resolution
empowering the Director of Emergency Services to require the collection of city employee
vaccination information to aid the city's COVID-19 pandemic planning, prevention, response
and compliance efforts. (Staff Contact: Judy van Kalinowski, Administrative Services
Department)
In response to Mayor Pro Tern Blackburn's inquiry, Human Resources Director Judy van
Kalinowski confirmed that all bargaining units had been notified of the vaccination collection
staff report and that there is currently no employee vaccination mandate.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Consent Calendar Item No. 3.
The following individuals called into the City Council Meeting and voiced their comment for
the record:
Tracy Carmichael expressed her concerns with freedoms and liberties being taken away from
the community.
Kelly LeBerthon expressed the current state of emergency.
Katie Taylor expressed her opposition to the collection of employee vaccination information.
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 3
Council Member Bhat-Patel stated for the record that she spoke to the Police and Fire
associations, they had been previously informed about this item and were in agreeance to
collecting vaccination information.
Mayor Pro Tern Blackburn announced that he also spoke to the Police and Fire associations
and although they are comfortable with the collection of information, they are not
comfortable with a vaccination mandate.
Human Resources Director von Kalinowski reported that the information is needed in case
the state decides to mandate vaccines. She added that before that process begins, there will
be a meet and confer process with each of the bargaining units.
Mayor Pro Tern Blackburn withdrew his motion.
Motion by Council Member Bhat-Patel, seconded by Mayor Hall, to approve Consent
Calendar Item No. 3. Motion carried, 4/1 (Blackburn -No).
ORDINANCES FOR INTRODUCTION:
4. ORDINANCE TO REPEAL CARLSBAD MUNICIPAL CODE CHAPTER 2.20 -CHIEF OPERATIONS
OFFICER AND AMEND SECTION 2.12.025 -MANAGER PRO TEMPORE -ACTING CITY
MANAGER -Introduction of Ordinance No. CS-403 repealing Chapter 2.20 and amending
Section 2.12.025 of the Carlsbad Municipal Code. (Staff contact: Cindie McMahon, City
Attorney Department and Sheila Cobian, City Manager Department)
City Manager's Recommendation: Introduce the ordinance.
The following individuals called into the City Council Meeting and voiced their comment for
the record:
Tracy Carmichael expressed that the City Clerk and City Treasurer is not listed on the
organizational chart.
City Attorney Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce
Ordinance No. CS-403. Motion carried unanimously, 5/0.
ORDINANCE FOR ADOPTION:
5. ADOPTION OF ORDINANCE NO. CS-401-ESTABLISH A 45 MPH SPEED LIMIT ON POINSETTIA
LANE FROM CASSIA ROAD TO EL CAMINO REAL-Adoption Ordinance No. CS-401 amending
Title 10, Chapter 10.44 of the Carlsbad Municipal Code Section 10.44.360 to establish a 45
miles per hour speed limit upon Poinsettia Lane from Cassia Road to El Camino Real. (Staff
contact: Faviola Medina, City Clerk Department)
City Manager's Recommendation: Adopt the ordinance.
City Attorney Brewer titled the ordinance.
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 4
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Ordinance No. CS-401. Motion carried unanimously, 5/0.
6. ADOPTION OF ORDINANCE NO. CS-402 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER
6.16 -NUISANCES -Adoption of Ordinance CS 402 amending Title 6, Chapter 6.16 of the
Carlsbad Municipal Code concerning public nuisances. (Staff contact: Faviola Medina, City
Clerk Department}
City Manager's Recommendation: Adopt the ordinance.
City Attorney Brewer titled the ordinance.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
Ordinance No. CS-402. Motion carried unanimously, 5/0.
PUBLIC HEARINGS: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN-1} Receive an update on
the draft Sustainable Materials Management Implementation Plan and, if desired, provide
direction on the Policy Section, which includes options for bans on materials and disposal of
certain materials; and
2} Adoption of Resolution No. 2021-214 directing staff to return to the City Council later this
year with a final Sustainable Materials Management Implementation Plan and accompanying
request for needed resources. (Staff contact: James Wood, Public Works}
City Manager's Recommendation: Receive the update and 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 individuals called into the City Council Meeting and voiced their comment for
the record:
Tracy Carmichael requested that the item be continued to a future date in order to properly
review the implementation plan.
Sur/rider San Diego Rise Above Plastics Co-Lead Janice Jones spoke regarding the harm that
plastics play on the entire planet and asked the City Council to move forward with the
implementation plan and to write a "Skip the Stuff" single use ordinance.
Educational Director and Founder for CleanEarth4Kids.Org Suzanne Hume expressed her
support regarding educating the public to bridge the gap and protection of water, air, soil,
children's health and future, food, and economy for tourism, and to approve a "Skip the Stuff"
ordinance.
Kevin Lee spoke in support of Carlsbad taking action on eliminating plastics and a "Skip the
Stuff" ordinance.
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 5
President of Dr. Bronner's Mike Bronner of Vista expressed his support of the City Council
taking action on single use plastics and reducing plastic waste and pollution in the community.
Gretchen Geary expressed her concern regarding awareness of single use plastics and "Skip
the Stuff" ordinance.
Vanessa Forsythe expressed her support of the Sustainable Materials Management Plan, and
the use of single use plastic ware and implementation of a "Skip the Stuff" ordinance.
In response to Council Member Acosta's inquiry, Deputy City Manager of Public Works Paz
Gomez explained that staff is seeking direction on the items to be included in the ordinance
in regard to single use items.
In response to Council Member Acosta's inquiry, HF&H Consultants, LLC Project Manager
Nicole Gaetjens spoke regarding the City of Oceanside's voluntary compliance phased
approach concerning single use plastics, and the City of Vista's two-phase approach that
includes a "Skip the Stuff" type ordinance and a complete ban of polystyrene beginning in
2023.
In response to Council Member Bhat-Patel's inquiry, Environmental Management Director
Wood explained that the need for additional staff is to comply with SB 1383.
In response to Council Member Bhat-Patel's inquiry, Project Manager Gaetjens confirmed
that the most potential to affect greenhouse gas (GHG) would be the bans on plastics with
the caveat that for some of the disposal bins.
In addition, Environmental Management Director Wood explained that the department
brought forward several options instead of a final plan in order to know the exact direction
City Council wishes to go.
In response to Council Member Bhat-Patel's inquiry, Environmental Management Director
Wood explained the time limit on the education that can be done and the duration of the
education.
In response to Mayor Hall's inquiry, Environmental Management Director Wood explained
that 55 businesses responded to the community survey on a variety of topics related to
sustainable materials management, and that three businesses identified as restaurants.
In response to Mayor Hall's inquiry, City Manager Chadwick explained that if additional
outreach is requested, then there would be an additional budget request.
In response to Council Member Bhat-Patel, Environmental Management Director Wood
confirmed that SB 1383 is a mandatory state requirement and that additional staff could be
added as they are needed.
In response to Mayor Hall's earlier inquiry, Chief Innovation Officer David Graham explained
that both the Carlsbad Chamber of Commerce and Carlsbad Village Association, as well as
every business with a business license, were contacted regarding the survey encouraging
them to participate.
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 6
In response to Council Member Bhat-Patel's inquiry, Environmental Management Director
Wood explained that next steps would include staff bringing back a proposal either separately
or with the revised Sustainable Materials Management Implementation Plan that allows the
City Council to vote on moving the plan forward including "Skip the Stuff," general bans,
staffing needs, a plan for education and a timeline. Environmental Management Director
Wood also explained that they would work with the Communications Department on the
additional outreach.
In response to Mayor Hall's inquiry, Environmental Management Director Wood explained
that staff would bring back an update of the plan during City Council Goal Setting.
Minute Motion by Council Member Acosta, seconded by Council Member Bhat-Patel, to
direct staff return to the City Council with a proposal to proceed with recommended Policy
No. 1, that includes a Skip the Stuff ordinance in the plan with a 12-month timeline that also
includes:
• reducing marine pollution and protecting wildlife from plastics that degrade into small
pieces that are accidentally ingested,
• increasing city cleanliness and quality of life by reducing litter on city beaches and
public areas,
• stimulating the local economy by creating a more attractive environment for tourists,
• reducing city costs for litter clean-up,
• prohibiting the intentional release of balloons.
Motion carried, 4/1 (Hall -No).
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, adopting
Resolution No. 2021-214. Motion carried unanimously, 5/0.
Mayor Hall declared a recess at 5:12 p.m.
Mayor Hall reconvened the meeting at 5:20 p.m.
8. DECLARATION OF A CLIMATE EMERGENCY-Adoption of Resolution No. 2021-215 approving
the declaration of a climate emergency. (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 individuals called into the City Council Meeting and voiced their comment for
the record:
On behalf of Sierra Club San Diego, Carl Aldinger expressed his concerns regarding greenhouse
gases and urged the City Council to pass the climate emergency declaration and use it as a
guide for all future policies.
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 7
Kevin Lee, on behalf of Dr. Bronner's, spoke in support of the declaration of a climate
emergency to set the tone for local, state and national partners as well as the business
community.
Paige DeCino spoke in support of the resolution.
Suzanne Hume, from CleanEarth4Kids.Org, spoke in support of the resolution joining 38
countries to take climate action to reduce greenhouse gases and toxic air and water pollution
including using fossil fuels and burning wood.
Kelly LeBerthon expressed her concern with the State of California's rising electric prices.
Vanessa Forsythe expressed her support for the climate emergency resolution.
Katie Taylor expressed her concern with the resolution, California's old water infrastructure,
increased density, solar panels and wind turbines.
In response to Council Member Bhat-Patel, Environmental Management Director Wood
explained that there are no costs associated with the resolution.
In response to Mayor Hall, Environmental Management Director Wood explained that there
is no impact on businesses or residents, their property nor property rights.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-215. Motion carried, 4/1 (Hall -No).
9. CITY COUNCIL POLICY NO. 92 -ALLOCATION OF CITY RESOURCES RELATING TO COUNCIL
MEMBER REQUESTS FOR COMMUNITY MEETINGS -Adoption of a resolution approving City
Council Policy No. 92, Allocation of City Resources Relating to City Council Member Requests
for Community Meetings. (Staff contact: Sheila Cobian, City Manager Department)
City Manager's Recommendation: Adopt the resolution.
Legislative and Constituent Services Director, 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 comment for
the record:
Tracy Carmichael expressed her concern with the item and expressed that this would be a
waste of taxpayer money and staff time.
In response to Council Member Norby's inquiry, City Manager Chadwick explained that the
only time the policy applies would be if the City Council Member requested staff or
consultants to attend a meeting to serve as subject matter experts, and if the city would end
up bearing a cost, then those costs would need to be tracked and the employee
compensated.
Council Member Acosta expressed that City Council Members can have as many community
meetings as they wish as it is their job to be communicative with their constituents. Council
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 8
Member Acosta asked that language be added to the policy that says, "public engagement
efforts are welcome and encouraged." City Manager Chadwick responded that community
meetings requesting that staff attend it would be a city sponsored event and the policy would
not apply.
In response to Council Member Acosta, City Manager Chadwick confirmed that if a Council
Member asks to have a meeting with staff present, then the policy would be applied. City
Manager Chadwick also emphasized that the city is not attempting restrict the level of
engagement.
Council Member Bhat-Patel explained that this policy was requested because of the
community meetings that took place regarding homelessness in City Council Districts 3 and
4.
Council Member Bhat-Patel suggested forming a City Council Code of Conduct for the Council
Members to ensure that each City Council Member will not go into districts other than their
own and to ensure that staff will not be overloaded with too many requests to attend
meetings.
In response to Mayor Hall's concern, Council Member Bhat-Patel explained that she asks her
constituents not to ask political questions in the presence of staff and to contact her directly
with their questions.
Mayor Pro Tern Blackburn explained that community meetings versus campaigning will
always have some overlap and expressed his concern with having this policy. Mayor Pro Tern
Blackburn added that open communication between the City Council Members is all that is
needed.
Council Member Norby shared his concern about the five Council Members using the City
Manager and City Attorney as the censor for the Council Member's requests for staff to
attend their meetings, and explained that if there is good will and trust, a policy may not be
needed.
Council Member Acosta agreed with the City Council Code of Conduct and keep open lines of
communication and forego the official policy unless conflict arises.
Minute Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to add
to the draft City Council Code of Conduct, that Council Members keep open communication
with other Council Members when speaking or making presentations in other Council
Members' districts.
In response to Mayor Hall's inquiry, City Manager Chadwick explained that campaigning was
outside the city's authority and cannot govern campaigning in a city district. City Attorney
Brewer also explained that the scope of the draft City Council Code of Conduct does not
govern campaign contributions or fund raising by City Council Members but governs the
interaction of Council Members.
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 9
Minute Motion by Council Member Bhat-Patel, seconded by Council Member Acosta,
directing staff to add to the draft City Council Code of Conduct, that Council Members keep
open communication with other Council Members when speaking or making presentations
in other Council Members' districts. Motion carried unanimously, 5/0.
10. PURCHASE OF REAL PROPERTY IN THE NORTHEAST QUADRANT COMMONLY KNOWN AS THE
RANCHO MILAGRO PROPERTY -Adoption of Resolution No. 2021-216 identifying the city's
Real Estate Manager as the city's negotiator responsible for working with the representative
for Rancho Milagro, LLC, ·towards the purchase of real property commonly known as the
Rancho Milagro property (APN 209-060-61) and directing staff to schedule a future City
Council Closed Session item to provide direction and grant authority to its negotiator
regarding the price and terms of payment for the purchase. (Staff contact: Kyle Lancaster,
Parks & Recreation)
City Manager's Recommendation: Adopt the resolution.
Parks & Recreation Director Kyle Lancaster, presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
In response to Mayor Hall's inquiry regarding where the property would be reallocated, Parks
& Recreation Lancaster explained that there are 19 half-acre sites. Deputy City Manager of
Community Services Barberio explained that there would be no concern about the loss of the
units until action was taken to rezone and re-general plan the 13.5 acre residential portion of
the property to open space. Deputy City Manager Barberio also added that per two Senate
bills, the city would need to do the rezoning concurrent with an increase of density on another
property but does not need to be dealt with at tonight's meeting.
In response to Mayor Hall's inquiry regarding a future road that was to go through the
property, Deputy City Manager Barberio explained that there are currently no recorded final
maps in the Sunny Creek area, but there is an approved tentative map but isn't necessary
from a sub-division standpoint to provide access to other properties.
In response to Mayor Hall's inquiry, Deputy City Manager Barberio explained that the
neighboring residents on the southeast of the property were not sent a notice that the city -
may be inquiring about this property.
In response to Council Member Acosta's inquiry, Deputy City Manager Barberio explained
that 30 acres of the property has an open space zoning designation, but it is not considered
preserved from a habitat management plan yet.
In response to Mayor Hall's inquiry, Deputy City Manager Barberio explained that if a
developer purchases the land and records the final map, they will be required to develop a
habitat preserve management plan and endow the ongoing maintenance in perpetuity to the
Habitat Management Plan (HMP) standards.
Deputy City Manager Barberio explained that after Prop C was passed this site was not on the
Open Space Committee's list, and since then, all 11 Sunny Creek properties were added to
the list and this property was ranked number four by a past City Council. Deputy City Manager
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 10
Barberio also explained that this property is on the list that was approved by a past City
Council, is consistent with the NCA City Lawsuit Settlement, and there is a willing seller.
Deputy City Manager Barberio further explained that this will then be scheduled as a closed
session item to discuss price and terms and conditions of an offer.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-216. Motion carried unanimously, 5/0.
11. SOUTH CARLSBAD BLVD PUBLIC ENGAGEMENT PLAN -1) Receive a report about public
engagement in the creation of a vision for Carlsbad Boulevard south of Manzano Drive to La
Costa Avenue as well as the design of a one-mile segment related to the South Carlsbad
Boulevard Climate Adaptation Project; and
2) Provide direction to staff as desired. (Staff contact: Kristina Ray, Communications &
Engagement)
City Manager's Recommendation: Receive the report and provide direction to staff.
Communications & Engagement Director Kristina Ray presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
City Council received the report.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve
staff's recommendation, with outreach that ensures the broadest possible participation in
the creation of a coastal vision by providing multiple ways for stakeholders to engage in the .
visioning process and the design of the 1-mile project area and beginning the engagement
plan in fall 2021 and concluding in mid-2022, with a phased approach. Motion carried
unanimously, 5/0.
12. MARY LUCIO'S APPEAL OF THE FOURTH NOTICE OF SUSPENSION FROM THE CARLSBAD
SENIOR CENTER -Adoption of Resolution No. 2021-217 denying the appeal and upholding
the decision of the City Manager to suspend Mary Lucid from the Carlsbad Senior Center for
a period of six months. (Staff contact: Kyle Lancaster, Parks & Recreation)
City Manager's Recommendation: Adopt the resolution.
City Manager Chadwick introduced the item and provided the order in which the item would
take place.
City Attorney Brewer provided a brief overview to the City Council of the respectful work
place and non-discrimination policy as well as all employees' rights to work in a harassment
free environment.
Ms. Mary Lucid spoke to appeal the City Manager's decision to suspend her from the Senior
Center.
Motion by Council Member Norby, seconded by Council Member Bhat-Patel, to allow Ms.
Lucid an extra minute to finish her statement. Motion carried 3/2 (Hall, Blackburn -No).
Sept. 21, 2021 Carlsbad City Council Regular Meeting Page 11
City Manager Chadwick provided the city's defense including evidence of several incidents
involving Ms. Lucid and requested the City Council uphold the denial of the appeal.
Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt
Resolution No. 2021-217. 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.
Council Members Bhat-Patel and Acosta announced that they will be attending the League of
California Cities Annual Conference later in the week.·
ANNOUNCEMENTS: None.
CITY MANAGER COMMENTS: City Manager Chadwick recognized Chief Innovation Officer David
Graham for being named the Top Tech Leader in Government for 2021.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed meeting at 7:41 p.m.
Tam . , ,
Senior Deputy ity Clerk