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HomeMy WebLinkAbout2020-11-17; City Council; AgendasCITY COUNCIL Agenda Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Nov. 17, 2020, 3 p.m. Welcome to Your City Council Meeting We welcome your interest and involvement in the city's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures. How to watch Spectrum. AT&T U-verse 1 City cable channel Charter Spectrum channel 24 AT&T U-verse channel 99. orair City website carlsbadca.govinews/cityty.asp Virtual meeting format • Per California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and other public meetings online only. • All public meetings will comply with public noticing requirements in the Brown Act and will be made accessible electronically to all members of the public seeking to observe and address the City Council. How to participate • By phone: Sign up at https://www.carlsbadca.govicitvhall/clerk/meetings/defaultasp by 2 p.m. the day of the meeting to provide comments live by phone. You will receive a confirmation email with instructions about how to call in. • In writing: Email comments to clerk@carlsbadca.gov. Comments received by 2 p.m. the day of the meeting will be shared with the City Council prior to the meeting. When e-mailing comments, please identify in the subject line the agenda item to which your comments relate. All comments received will be included as part of the official record. Written comments will not be read out loud. • These procedures shall remain in place during the period in which state or local health officials have imposed or recommended social distancing measures. Reasonable accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as require by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Manager's Office at 760-434-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Monday before the meeting to decide. IN THE EVENT A QUORUM OF THE CITY COUNCIL LOSES ELECTRICAL POWER OR SUFFERS AN INTERNET CONNECTION OUTAGE THAT IS NOT CORRECTED WITHIN 15 MINUTES, THE MEETING WILL AUTOMATICALLY BE ADJOURNED. ANY ITEMS NOTICED AS PUBLIC HEARINGS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. ANY OTHER AGENDA ITEMS THE COUNCIL HAS NOT TAKEN ACTION ON WILL BE PLACED ON A FUTURE AGENDA. More information about City Council meeting procedures can be found at the end of this agenda and in the Carlsbad Municipal Code chapter 1.20. PLEASE NOTE: AS A RESULT OF THE WAIVERS IN EXECUTIVE ORDER N-29-20, THE BROWN ACT PERMITS FULL PARTICIPATION BY OFFICIALS IN MEETINGS THROUGH VIDEO OR AUDIO TELECONFERENCE. The City Council also sits as the Carlsbad Municipal Water District Board, Public Financing Authority Board, Community Development Commission and Successor Agency to the Redevelopment Agency. When considering items presented to the Carlsbad Municipal Water District Board, each member receives an additional $100 per meeting (max $300/month ). When considering items presented to the Community Development Commission each member receives an additional $75 per meeting (max $150/month). CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 4. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Presentation of Veterans in the Work Place PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action. PUBLIC COMMENT: In conformance with the Brown Act and California Executive Order No. N-29-20, a total of 15 minutes is provided so members of the public participate in the meeting by submitting comments as provided on the front page of this agenda. The City Council will receive comments as requested up to a total of 15 minutes. All other comments will trail until the end of the meeting. In conformance with the Brown Act, no Council action can occur on these items. CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed below. There will be no separate discussion on these items prior to the time the Council votes on the motion unless members of the Council, the City Manager, or the public request specific items be discussed and/or removed from the Consent Calendar for separate action. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. REPORT ON CITY INVESTMENTS AS OF SEPT. 30, 2020— Accept and file Report on City Investments as of Sept. 30, 2020. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services) ACTION: Council received the report. 2. AUTHORIZATION TO APPLY FOR A LOAN AND APPROPRIATE FUNDS FOR THE WASTEWATER SUPERVISORY CONTROL AND DATA ACQUISITION PROJECT — 1) Adoption of a resolution authorizing a financial assistance application to the State Water Resources Control Board for the Supervisory Control and Data Acquisition Improvements Project and designating the City Manager or designee to sign and submit the application; and 2) Adoption of a resolution authorizing the reimbursement of funding for Supervisory Control and Data Acquisition Improvements Project from the State Water Resources Control Board. (Staff contact: Vicki Quiram and Shoshana Aguilar, Public Works) ACTION: Adopted Resolution No. 2020-217; and Adopted Resolution No. 2020-218 — 4/0. 3. U.S. BICYCLE ROUTE 95 DESIGNATION —Approve a letter of resolution in support of the designation of U.S. Bicycle Route 95 through the City of Carlsbad. (Staff contact: Nathan Schmidt, Public Works) ACTION: Approved the letter of resolution — 4/0. Nov. 17, 2020 Page 2 4. AWARD OF CONTRACT TO CCL CONTRACTING, INC., AND AUTHORIZING AGREEMENT WITH VALLEY CM, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CONSTRUCTION OF THE VALVE REPLACEMENT PHASE ll — 1) Adoption of a CMWD resolution accepting bids and awarding a contract to CCL Contracting, Inc. for construction of the Valve Replacement Phase II, CIP Project No. 5019-E, and Condition Assessment, CIP Project No. 5051, in an amount not to exceed $1,335,500; and 2) Adoption of a CMWD resolution authorizing execution of an agreement with Valley CM, Inc. to provide construction management and inspection services for the Valve Replacement Phase II, CIP Project No. 5019-E in an amount not to exceed $256,200. (Staff contact: Stephanie Harrison, Valerie Airey, and Vicki Quiram, Public Works) ACTION: Adopted CMWD Resolution No. 1647; and Adopted CMWD Resolution No. 1648 — 4/0. 5. BUILDING NAME CHANGE FROM SAFETY CENTER TO POLICE AND FIRE HEADQUARTERS — Adoption of a resolution approving the building name change from Safety Center to Police and Fire Headquarters. (Staff contact: Cindy Anderson, Police Department) ACTION: Adopted Resolution No. 2020-219 — 4/0. 6. SIDE LETTER WITH THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC., REGARDING MODIFICATIONS TO THE CITY'S CALCULATION OF OVERTIME AS REQUIRED BY THE FAIR LABOR STANDARDS ACT — Adoption of a resolution approving a Side Letter Agreement with the Carlsbad Firefighters' Association, Inc. to modify Articles 4, 15, 16, 19 and 20 of the Memorandum of Understanding between the City and Association relating to the calculation of overtime under the Fair Labor Standards Act and authorizing the city manager to address any related past underpayments. (Staff contact: Debbie Porter and Judy von Kalinowski, Human Resources) ACTION: Adopted Resolution No. 2020-220 — 4/0. 7. ACCEPTANCE OF A $6,800 DONATION FROM THE CARLSBAD LIBRARY & ARTS FOUNDATION — Adoption of a resolution accepting a donation of $6,800 from the Carlsbad Library & Arts Foundation to the City of Carlsbad's Library & Cultural Arts Department. (Staff contact: Richard Schultz, Library & Cultural Arts) ACTION: Adopted Resolution No. 2020-221 — 4/0. 8. AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN FOR VETERANS MEMORIAL PARK PROJECT — Adoption of a resolution amending and extending a professional services agreement with RJM Design Group for design services on Veterans Memorial Park, in an amount not to exceed $1,335,000 for a three-year term, and appropriating $1,335,000 in additional funds from the Community Facilities District No. 1 Fund. (Staff contact: Tim Selke, Parks & Recreation) ACTION: Adopted Resolution No. 2020-222 — 4/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 9. ROMERIA POINTE APARTMENTS APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A SITE DEVELOPMENT PLAN AND STATE DENSITY BONUS ALLOWING THE CONSTRUCTION OF A Nov. 17, 2020 Page 3 FOUR-STORY RESIDENTIAL APARTMENT PROJECT - Adoption of a resolution denying the appeal and upholding the decision of the Planning Commission to approve a site development plan to construct a four-story, 23-unit residential apartment project which includes three inclusionary housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street within Local Facilities Management Zone 6. (Project Name: Romeria Pointe Apartments; Project No.: SDP 2018-0004 (DEV2017-0151). (Staff contact: Chris Garcia, Community Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Adopted Resolution No. 2020-223 — 3/1 (Schumacher — No). DEPARTMENTAL AND CITY MANAGER REPORTS: 10. COVID-19 ACTIONS AND EXPENDITURES REPORT — Receive a report on recent actions and expenditures related to the city's response to the COVID-19 pandemic and provide direction as appropriate. (Staff contact: Geoff Patnoe, City Manager Department) City Manager's Recommendation: Receive the report and provide direction as appropriate. ACTION: Council received the report. 11. CARLSBADCONNECTS SERVICE REQUEST AND COMMUNITY ENGAGEMENT APPLICATION — Receive an informational presentation on the city's new service request and community engagement application. (Staff contact: Maria Callander and Doug Kappel, Administrative Services Department) City Manager's Recommendation: Receive the presentation. ACTION: Council received the presentation. 12. NAMING OF THE PARK AT THE BUENA VISTA RESERVOIR SITE — 1) Adoption of a resolution naming the park to be constructed on the south side of Buena Vista Way, between Highland Drive and James Drive, the Buena Vista Reservoir Park; or 2) Direct staff to solicit written proposals for naming the park and return to the City Council for further consideration; or 3) Provide other direction as appropriate. (Staff contact: Kyle Lancaster, Park & Recreation) City Manager's Recommendation: Adopt the resolution, or direct staff to solicit written proposals for further consideration, or provide other direction as appropriate. ACTION: Adopted Resolution No. 2020-224 — 4/0. 13. IMPACTS OF COVID-19 ON THE CITY'S TOURISM WORKFORCE AND CONSIDERATION OF A POTENTIAL WORKER RECALL ORDINANCE — Consider a request from City Council Member Bhat- Patel to discuss the impacts of COVID-19 on the city's tourism workforce and a potential worker recall ordinance. (Staff contact: Sheila Cobian, City Manager Department) City Manager's Recommendation: Provide direction as appropriate. ACTION: Provided staff with direction (see minutes for details) — 3/1 (Hall — No). COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 4/7/20) Matt Hall North County Mayors and Managers Nov. 17, 2020 Page 4 Mayor Keith Blackburn Mayor Pro Tern Priya Bhat-Patel Council Member — District 3 Cori Schumacher Council Member — District 1 City/School Committee Chamber of Commerce Liaison (primary) Clean Energy Alliance JPA (alternate) San Diego County Water Authority San Diego Regional Economic Development Corporation Board of Directors City Council Legislative Subcommittee Economic Revitalization Subcommittee Ad-Hoc City Council North County Homeless Action Plan Subcommittee Buena Vista Lagoon JPC Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority Chamber of Commerce Liaison (alternate) SANDAG (1St alternate) North County Transit District (alternate) Carlsbad Municipal Code and City Council Policy Update Subcommittee SANDAG (2nd alternate) North County Transit District (primary) City/School Committee League of California Cities —SD Division Encina Wastewater Authority/JAC Board of Directors (alternate) City Council Legislative Subcommittee Economic Revitalization Subcommittee Ad-Hoc City Council North County Homeless Action Plan Subcommittee SANDAG (primary) Buena Vista Lagoon JPC Clean Energy Alliance JPA (primary) Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority (alternate) Carlsbad Municipal Code and City Council Policy Update Subcommittee Vacant — At-Large Council Member PUBLIC COMMENT: Continuation of the Public Comments This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section. In conformance with the Brown Act, no Council action can occur on these items. ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in. CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ADJOURNMENT: 6:34 p.m. City Council Meeting Procedures (continued from page 1) Written Materials Nov. 17, 2020 Page 5 Written materials related to the agenda that are submitted to the City Council after the agenda packet has been published will be available for review prior to the meeting during normal business hours at the City Clerk's office, 1200 Carlsbad Village Drive and on the city website. To review these materials during the meeting, please see the City Clerk Visual Materials Visual materials, such as pictures, charts, maps or slides, are allowed for comments on agenda items, not general public comment. Please contact the City Manager's Office at 760-434-2820 or manager@carlsbadca.gov to make arrangements in advance. All materials must be received by the City Manager's Office no later than noon the day before the meeting. The time spent presenting visual materials is included in the maximum time limit provided to speakers. All materials exhibited to the City Council during the meeting are part of the public record. Please note that video presentations are not allowed. Decorum All participants are expected to conduct themselves with mutual respect. Loud, boisterous and unruly behavior can interfere with the ability of the City Council to conduct the people's business. That's why it is illegal to disrupt a City Council meeting. Following a warning from the presiding officer, those engaging in disruptive behavior are subject to law enforcement action. City Council Agenda The City Council follows a regular order of business that is specified in the Carlsbad Municipal Code. The City Council may only make decisions about topics listed on the agenda. Presentations The City Council often recognizes individuals and groups for achievements and contributions to the community. Well- wishers often fill the chamber during presentations to show their support and perhaps get a photo. If you don't see an open seat when you arrive, there will likely be one once the presentations are over. Consent Items Consent items are considered routine and may be enacted together by one motion and vote. Any City Council member may remove or "pull" an item from the "consent calendar" for a separate vote. Members of the public may pull an item from the consent calendar by requesting to speak about that item. A speaker request form must be submitted to the clerk prior to the start of the consent portion of the agenda. Public Comment Members of the public may speak on any city related item that does not appear on the agenda. State law prohibits the City Council from taking action on items not listed on the agenda. Comments requiring follow up will be referred to staff and, if appropriate, considered at a future City Council meeting. Members of the public are also welcome to provide comments on agenda items during the portions of the meeting when those items are being discussed. In both cases, a request to speak form must be submitted to the clerk in advance of that portion of the meeting beginning. Public Hearing Certain actions by the City Council require a "public hearing," which is a time within the regular meeting that has been set aside and noticed according to different rules. Departmental Reports This part of the agenda is for items that are not considered routine and do not require a public hearing. These items are usually presented to the City Council by city staff and can be informational in nature or require action. The staff report about each item indicates the purpose of the item and whether or not action is requested. Other Reports At the end of each meeting, City Council members and the city manager, city attorney and city clerk are given an opportunity to share information. This usually includes reports about recent meetings, regional issues, and recent or upcoming meetings and events. City Council Actions Resolution A resolution is an official statement of City Council policy that directs administrative or legal action or embodies a public City Council statement. A resolution may be introduced and adopted at the same meeting. Once adopted, it remains City Council policy until changed by subsequent City Council resolution. Nov. 17, 2020 Page 6 Ordinance Ordinances are city laws contained in the Carlsbad Municipal Code. Enacting a new city law or changing an existing one is a two-step process. First, the ordinance is "introduced" by city staff to the City Council. If the City Council votes in favor of the introduction, the ordinance will be placed on a subsequent City Council meeting agenda for "adoption." If the City Council votes to adopt the ordinance, it will usually go into effect 30 days later. Motion A motion is used to propose City Council direction related to an item on the agenda. Any City Council member may make a motion. A motion must receive a "second" from another City Council member to be eligible for a City Council vote. Nov. 17, 2020 Page 7