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Home My WebLink About2019-10-22; City Council; MinutesCITY COUNCIL Oct. 22, 2019, 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 ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Departmental Report Item No. 9. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Sept. 17, 2019 Minutes of the Regular Meeting held Sept. 24, 2019 Minutes of the Special Meeting held Oct. 8, 2019 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the minutes as presented. Motion carried unanimously, 4/0. PRESENTATIONS: Presentation of Proclamation in Recognition of Red Ribbon Week. Mayor Pro Tern Bhat-Patel read and presented the Proclamation to Rosemary Eshelman, Carlsbad Unified School District Student Service Specialist. CONSENT CALENDAR: Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve Consent Calendar Item Nos. 1 through 5. Motion carried unanimously, 4/0. 1. REPORT ON CITY INVESTMENTS -Acceptance of report on City Investments as of Aug. 31, 2019. (Staff contact: Craig Lindholm, City Treasurer, Laura Rocha, Administrative Services) 2. SETTLEMENT OF WORKERS' COMPENSATION CLAIM -Adoption of Resolution No. 2019-210 authorizing settlement of the Workers' Compensation claims of Robert Collier for $110,000. (Staff contact: Donna Hernandez, Administrative Services) 3. APPROVAL OF AN AGREEMENT FOR THE RENEWAL OF THE MICROSOFT ENTERPRISE AG REEM ENT WITH CDW Government. LLC-Adoption of Resolution No. 2019-211 authorizing the City Manager to execute an agreement for the renewal of the Microsoft Enterprise Oct. 22, 2019 Carlsbad City Council Regular Meeting Page 2 Agreement with CDW Government, LLC in an amount not to exceed $1,932,669.05 for a term ending Dec. 31, 2022. (Staff contact: Joe Stephenson, Information Technology) 4. AWARD OF CONTRACT FOR STAGECOACH COMMUNITY PARK SYNTHETIC TURF REPLACEMENT PROJECT -Adoption of Resolution No. 2019-212 awarding a construction contract to Ohno Construction Company for the Stagecoach Community Park Synthetic Turf Replacement Project (CIP No. 47421} in an amount not to exceed $1,504,240. (Staff contact: Kyle Lancaster, Parks & Recreation) 5. PURCHASE OF 22 POLICE PATROL VEHICLES FROM FOLSOM FORD -Adoption of Resolution No. 2019-213 authorizing the purchase of 22 police patrol vehicles in an amount of $927,442 and authorizing the Deputy City Manager, Administrative Services branch, to carry-over $390,000 from the Fiscal Year 2018-19 General Fund Budget surplus to the FY 2019-20 Police Operating Budget. (Staff contact: Shawn Gaskari) PUBLIC COMMENT: Mary Lucid spoke regarding an audit of the budget for the Senior Center and hiring an outside agency to run the Senior Center. Griff Lewis, President of the Rotary Club of Carlsbad and Major General Bartel of the Army Navy Academy invited everyone to the Army Navy Academy's 11 th Annual Veteran's Day Review. Larry Posner spoke regarding the current events of the City Council. Kris Wright, representing a group {Adrian Mancha, Eric Schniepp; and members of Boy Scout Troop 745), spoke regarding Troop 745. Several troop members spoke as to why Boy Scouts is important to them and the fact that they will not be able to work at Jazz in the Park any longer. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: N/A. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 6. CULTURAL FACILITIES NEEDS ASSESSMENT REPORT -Adoption of Resolution No. 2019-214 accepting the Cultural Facilities Needs Assessment Report. (Staff contact: Heather Pizzuto, Library & Cultural Arts) City Manager's Recommendation: Adopt the Resolution. Library & Cultural Arts Director Heather Pizzuto and Arts Manager Richard Schultz presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Oct. 22, 2019 Carlsbad City Council Regular Meeting Page 3 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-214. Motion carried unanimously, 4/0. Item No. 8 was heard at this time. Council Member Schumacher left the dais due to a potential conflict of interest at 6:42 p.m. 8. CONSIDERATION OF OPTIONS TO FILL THE CITY COUNCIL DISTRICT NO. 1 VACANCY - Consider the following options to fill the City Council District No. 1 vacancy and provide direction to staff: 1. Fill the City Council Vacancy by appointment no later than Dec. 8, 2019. 2. No later than Nov. 10, 2019 adopt Resolution No. 2019-216 calling a special election for March 3, 2020 to fill the City Council vacancy in District No. 1. 3. No later than Dec. 8, 2019 adopt Resolution No. 2019-216 calling a special election for April 14, 2020 to fill the City Council vacancy in District No. 1. (Staff contact: Celia Brewer, City Attorney and Sheila Cobian, City Clerk Services) City Manager's Recommendation: Consider options and provide direction to staff. Assistant City Attorney Cindie McMahon and City Clerk Services Manager Sheila Cobian presented the report and reviewed a PowerPoint presentation (on file in the Office ofthe City Clerk). Maryanne Viney spoke in support of Option No. 2 to fill the District 1 vacancy by calling a Special Election for March 3, 2020. Linda Breen spoke against a District 1 Special Election. Noel Breen spoke regarding his experience in last year's District 1 election and the current happenings on the dais. Paula Yokyama, Judy Rees and Marty Montgomery, spoke in support of the appointment process. Sandra Cima spoke in support of Option 2. Julie Adjour spoke in support of the appointment process and against nominating someone who has run for office and Jost. Vicky Syage spoke regarding the last Special Election in 2015, the right to vote, and asked Council to call the election for March 2020. Laurie Boone spoke in support of the appointment process, fiscal responsibility and trusting the Council Members to appoint the proper person. Michael Schertzer spoke regarding Mayor Pro Tem Bhat-Patel's comment from the Oct. 8, 2019 Council Meeting regarding district elections being for equal representation of the constituency and spoke in support of the March 2020 Special Election. Oct. 22, 2019 Carlsbad City Council Regular Meeting Page4 Michelle O'Reilly spoke in support of the appointment process. Kris Wright spoke in support of a Special Election in March 2020 allowing residents to vote. TJ Childs spoke regarding the lack of attention the Barrio has received in the past and spoke in support of a Special Election in March 2020. Pat Amador spoke in support of a Special Election in March 2020. Jim Brubaker thanked the Council for the planning and development efforts over the years and in support of the appointment process. James Courtney spoke regarding appointing the second or third place candidates from the 2018 District 1 election. Socorro Anderson spoke in support of appointing Tracey Carmichael to the District 1 vacant seat. Sherry Alvarado spoke in support of the appointment process. Kerry Siekmann spoke in support of the appointment process and asked why the city should change what they have done in the past. Hope Nelson spoke regarding the city dealing with unchartered territory and spoke in support of the vacancy being filled at the March 2020 Special Election. Council Member Blackburn spoke regarding transparency and in support of the appointment process. Mayor Pro Tern Bhat-Patel spoke regarding the difficulty ofthe decision and in support of the March 2020 Special Election due to economic reasons. Mayor Hall spoke to the fact that District 1 has been well represented for the last 25 years. He spoke in support of the appointment process. Minute Motion by Mayor Hall to choose Option No. 1 to fill the City Council vacancy by appointment no later than Dec. 8, 2019, and to accept applications between October 24, 2019 and November 12, 2019, seconded by Council Member Blackburn. Motion carried, 2/1/1 (Bhat-Patel -No; Schumacher -Absent). Council Member Schumacher returned to the dais at 8:04 p.m. 7. APPROVAL OF FISCAL YEAR 2018-19 BUDGET CARRYFORWARD REQUESTS -Adoption of Resolution No. 2019-215 approving fiscal year 2018-19 budget carryforward requests and appropriation of funds to fiscal year 2019-20. (Staff Contact: Roxanne Muhlmeister, Administrative Services) City Manager's Recommendation: Adopt the Resolution. Oct. 22, 2019 Carlsbad City Council Regular Meeting Page 5 Deputy City Manager, Administrative Services Laura Rocha and Finance Manager Roxanne Muhlmeister presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-215, with the noted change of striking paragraph No. 4. Motion carried, 3/1 (Hall -No). Minute Motion by Council Member Schumacher, seconded by Council Member Blackburn, directing staff to bring back an amended version of paragraph No. 4 and placing $10 million in the Economic Contingency Fund on the Consent Calendar on Nov. 12, 2019. Motion carried unanimously, 4/0. Item No. 8 was heard after Item No. 6. 8. CONSIDERATION OF OPTIONS TO FILL THE CITY COUNCIL DISTRICT NO. 1 VACANCY - Consider the following options to fill the City Council District No. 1 vacancy and provide direction to staff: 1. Fill the City Council Vacancy by appointment no later than Dec. 8, 2019. 2. No later than Nov. 10, 2019 adopt Resolution No. 2019-216 calling a special election for March 3, 2020 to fill the City Council vacancy in District No. 1. 3. No later than Dec. 8, 2019 adopt Resolution No. 2019-216 calling a special election for April 14, 2020 to fill the City Council vacancy in District No. 1. (Staff contact: Celia Brewer, City Attorney and Sheila Cobian, City Clerk Services) City Manager's Recommendation: Consider options and provide direction to staff. This item was returned to staff. 9. TERMINATION OF PUBLIC WORKS CONTRACT WITH FERREIRA COASTAL CONSTRUCTION COMPANY FOR THE RECYCLED WATER PHASE Ill PIPELINE EXPANSION, SEGMENT 5-That the Carlsbad Municipal Water District (CMWD) Board of Directors consider the following: Option 1.) Adoption of a CMWD Resolution terminating the public works contract with Ferreira Coastal Construction Company (Contractor) for the Recycled Water Phase Ill Pipeline Expansion Segment 5, CIP Project No. 52082, and the Miscellaneous Pipeline Replacements, CIP Project No. 39041; or Option 2.) Adoption of a CMWD Resolution approving an increase to the change order authority for the contract with Ferreira Coastal Construction Company for a not to exceed amount of $2,600,000 for construction of the Recycled Water Phase Ill Pipeline Expansion Segment 5, CIP Project No. 52082, and the Miscellaneous Pipeline Replacements, CIP Project No. 39041; or Option 3.) Provide staff direction to suspend the Project and complete remaining redesign of entire Project scope; or Option 4.) Adoption of a CMWD Resolution approving an increase to the change order authority for the contract with Ferreira Coastal Construction Company for a not to exceed amount of $3,9727,000 for construction of the Recycled Water Phase Ill Pipeline Expansion Segment 5, CIP Project No. 52082, and the Miscellaneous Pipeline Replacements, CIP Project No. 39041 (Staff contact: Ken Knatz and Babaq Taj, Public Works) City Manager's Recommendation: Consider options and adopt Option 1 Resolution. Oct. 22, 2019 Carlsbad City Council Regular Meeting Page 6 10. REPORT FROM THE AD-HOC CITY COUNCIL NORTH COUNTY HOMELESS ACTION PLAN SUBCOMMITTEE -Receive a report from the Ad-Hoc City Council North County Homeless Action Plan_ Subcommittee. (Staff contact: David de Cordova, Community & Economic Development) City Manager's Recommendation: Receive the report. Principal Planner David de Cordova and Deputy City Manager, Community Services Gary Barberio presented the report. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to direct staff to bring back an agenda item related to the declaration of emergency shelters crisis and to refer these issues to the Legislative Ad-Hoc Committee. Motion carried unanimously, 4/0. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, appointing Mayor Hall and Mayor Pro Tern Bhat-Patel as ad-hoc committee members. Motion carried, 3/1 (Hall -No). Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, directing staff to bring back a resolution to extend the ad-hoc subcommittee with new membership and a new term. 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. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been invited to and may be participating in the following event: Thursday, October 24, 2019-5:00 p.m. City of Carlsbad Fall Citizens Academy Graduation City Council Chamber 1200 Carlsbad Village Dr. Carlsbad, CA Oct. 22, 2019 Carlsbad City Council Regular Meeting Thursday, Nov. 7, 2019 -5:30 p.m. City of Carlsbad Boards & Commissions Appreciation Event The Crossings at Carlsbad 5800 The Crossings Dr. Carlsbad, CA Page 7 ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 8:54 p.m. in memory of Sally Lyons. ~KnJ,_11f~ Tamara R. McMinn, CPMC, CMC Deputy City Clerk