HomeMy WebLinkAbout2019-11-19; City Council; MinutesCITY COUNCIL
Nov. 19, 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: City Council is serving as the Carlsbad Municipal
Water District Board of Directors on Public Hearing Item No. 16.
PLEDGE OF ALLEGIANCE: Council Member Blackburn led the Pledge of Allegiance.
INVOCATION: None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held Oct. 8, 2019
Minutes of the Special Meeting held Nov. 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._
Mayor Pro Tern Bhat-Patel commented on Item No. 9 regarding the Village and Barrio traffic
circles and stated that public outreach will be done in Fall 2020.
PRESENTATIONS: None.
PUBLIC COMMENT:
Mary Lucid spoke regarding her concern with the Senior Center and about her banishment from
various city facilities.
Laurie Boone spoke regarding her gratitude for various community efforts, accomplishments, and
milestones throughout the city.
Glen Bernard spoke regarding setting public comment time limitations for those speakers who
live outside of Carlsbad.
Kelly Bailey spoke regarding the Valley Middle School fence and thanked staff and Council for
their support and involvement.
Niall Casey spoke regarding the Valley Middle School fence and thanked staff and Council for their
support and involvement.
Nov. 19, 2019 Carlsbad City Council Regular Meeting Page 2
Pat Murtagh spoke regarding the Valley Middle School fence and the importance of preserving
open space and views throughout the city.
CONSENT CALENDAR:
Council Member Schumacher commented on Item No. 9 regarding the city's Fall 2020 public
outreach and the feasibility evaluation in the scope of work and for potential Spanish translation.
She also thanked staff for their efforts and quick turnaround on Item No. 11.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve
Consent Calendar Item Nos. 1 through 14. Motion carried unanimously, 4/0.
1. REPORT ON CITY INVESTMENTS -Report on City Investments as of Sept. 30, 2019. (Staff
contact: Craig Lindholm, City Treasurer, Laura Rocha, Administrative Services)
2. SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF PATRICK FANENE FOR $58,290-
Adoption of Resolution No. 2019-231 authorizing settlement of the Workers' Compensation
Claim of Patrick Fanene for $58,290. (Staff contact: Donna Hernandez, Human Resources)
3. MASTER LICENSE AGREEMENT WITH COMMON NETWORKS, INC. TO ALLOW THE USE OF
CITY-OWNED FACILITIES TO INSTALL AND OPERATE WIRELESS DATA COMMUNICATION
FACILITIES -Adoption of Resolution No. 2019-232 authorizing a Master License Agreement
with Common Networks, Inc. to allow the use of city-owned properties to install and operate
affordable high-speed wireless internet service facilities, and authorizing the city manager to
act on behalf of the city in all future decisions and actions necessary to implement the Master
License Agreement. (Staff contact: Curtis Jackson, Real Estate)
4. CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS FOR THE AVIARA AND HIDDEN
CANYON COMMUNITY PARKS PLAYGROUND SAFETY RESURFACING PROJECT -Adoption of
Resolution No. 2019-233 approving the contract documents, plans and specifications for the
Aviara and Hidden Canyon Community Parks Playground Safety Resurfacing Project, CIP
Project No. 4745, and authorizing the city clerk to advertise the project for public bids. (Staff
contact: Kyle Lancaster, Parks & Recreation)
5. AGREEMENT WITH SILLMAN WRIGHT ARCHITECTS TO COMPLETE DESIGN WORK FOR PUBLIC
SAFETY AND SERVICE CENTER IMPROVEMENTS -Adoption of Resolution No. 2019-234
authorizing an agreement with Sillman Wright Architects to complete the design work for the
City of Carlsbad Public Safety and Service Center Improvements, Capital Improvement
Program Project No. 4715 in an amount not to exceed $611,214. (Staff contact: Steven
Stewart, Public Works; Mickey Williams, Police)
6. AMENDMENT NO. 2 TO REIMBURSEMENT AGREEMENT WITH WESTERN PACIFIC HOUSING -
Adoption of Resolution No. 2019-235 approving Amendment No. 2 to the Reimbursement
Agreement with Western Pacific Housing -El Camino, LLC for the design and construction of
Poinsettia Lane Reaches F and G. (Staff contact: Hossein Ajideh, Public Works)
Nov. 19, 2019 Carlsbad City Council Regular Meeting Page 3
7. CONTRACT WITH COMMERCIAL WATERPROOFING SYSTEMS, INC. FOR THE FARADAY CENTER
ROOF REPLACEMENT -Adoption of Resolution No. 2019-236 authorizing execution of a
contract with Commercial Waterproofing Systems, Inc. for the Faraday Center roof
refurbishment, Capital Improvement Program Project No. 4720, for an amount not to exceed
$521,355. (Staff contact: Steven Stewart and John Maashoff, Public Works)
8. APPROPRIATION OF ADDITIONAL FUNDS FOR PALOMAR AIRPORT ROAD WIDENING -
Adoption of Resolution No. 2019-237 approving appropriation of additional Gas Tax Funds in
the amount of $125,000 for the Palomar Airport Road Widening Project, Capital Improvement
Program (CIP} Project Nos. 6043 and 6044. (Staff contact: Daniel Zimny, Public Works)
9. AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. -Adoption of Resolution No. 2019-238
authorizing execution of an agreement with Chen Ryan Associates, Inc. for engineering design
of the Village and Barrio Traffic Circles, Capital Improvement Program Project No. 4015, in an
amount not to exceed $475,314. (Staff contact: Jonathan Schauble, Public Works)
10. ADVERTISE FOR BIDS FOR TRAFFIC SIGNAL AT POINSETTIA LAND AND CASSIA ROAD THE
TRAFFIC SIGNAL AT POINSETTIA LANE AND ORIOLE COURT/SKIMMER COURT, CIP PROJECT
NOS. 6329 AND 6330 -Adoption of Resolution No. 2019-239 approving the plans and
specifications and authorizing the city clerk to advertise for bids for the traffic signal at
Poinsettia Lane and Cassia Road and the traffic signal at Poinsettia Lane and Oriole
Court/Skimmer Court, CIP Project Nos. 6329 and 6330. (Staff contact: Jonathan Schauble,
Public Works)
11. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH NORTH COUNTY TRANSIT
DISTRICT -Adoption of Resolution No. 2019-240 approving of a Memorandum of
Understanding with the North County Transit District (NCTD) to assist in the enforcement of
parking and vehicular access at NCTD properties located in Carlsbad. (Staff contact: Cindy
Anderson, Police)
12. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CARLSBAD UNIFIED SCHOOL
DISTRICT -Adoption of Resolution No. 2019-241 approving a Memorandum of
Understanding between the City of Carlsbad and Carlsbad Unified School District for the
School Resource Officer Program for the 2019-20 School Year. (Staff contact: Cindy
Anderson, Police)
13. APPROPRIATE FUNDS THROUGH THE FY 2019 OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM -Adoption of Resolution No. 2019-242 authorizing the City
Manager to accept the Fiscal Year 2019 Office of Traffic Safety Selective Traffic Enforcement
Program (STEP) and authorizing the deputy city manager of Administrative Services to
appropriate the funds for STEP expenses in the amount of $90,000. (Staff contact: Cindy
Anderson, Police)
Nov. 19, 2019 Carlsbad City Council Regular Meeting Page 4
14. EXTENSION OF THE AD-HOC CITY COUNCIL NORTH COUNTY HOMELESS ACTION PLAN
SUBCOMMITTEE -Adoption of Resolution No. 2019-243 to extend the Ad-Hoc City Council
North County Homeless Action Plan Subcommittee comprised of Mayor Hall and Mayor Pro
Tern Bhat-Patel, to continue engaging neighboring cities and determine whether there is
support for participating in collaborative effort to develop a North County Homeless Action
Plan. (Staff contact: David de Cordova, Community & Economic Development)
ORDINANCES FOR INTRODUCTION:
15. EXPRESSIVE ACTIVITIES ORDINANCE -Introduction of Ordinance CS-365 amending Carlsbad
Municipal Code Title 8, Chapter 8.17 regarding Special Events, adding Chapter 8.18 regarding
Expressive Activity Events and waiving applicable park user fees.
City Manager's Recommendation: Introduce the Ordinance.
Council Member Schumacher commented on her appreciation for staff and community
efforts for this ordinance.
Council Member Blackburn commented on his appreciation for staff and community efforts
for this ordinance.
Parks & Recreation Director Kyle Lancaster, Assistant Chief of Police Mickey Williams, and
Deputy City Attorney Cindie McMahon presented the report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Yusef Miller, representing the North County Civil Liberties Coalition, spoke in support of the
amendments and thanked staff for their efforts during the process.
Glen Bernard spoke against the ordinance and what he felt was a difference in treatment that
groups have experienced in the past.
In response to an inquiry from Council Member Blackburn, Deputy City Attorney Cindie
McMahon explained the laws, case decisions, and restrictions that guided the formation of
the ordinance and the difference between expressive activities and special events.
In response to an inquiry from Mayor Pro Tern Bhat-Patel, Chief Gallucci explained how public
safety concerns are addressed in the ordinance.
Council Member Schumacher requested an amendment to the definition for spontaneous
demonstrations to "seven days or fewer" to accurately reflect the committee's intention.
City Attorney Celia Brewer titled the ordinance with the change in the definition section to
the language to "seven days or fewer" instead of "less than seven" (page 37 of Staff Report).
Nov. 19, 2019 Carlsbad City Council Regular Meeting Page 5
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve
the introduction of the ordinance amending Carlsbad Municipal Code Title 8, Chapter 8.17
regarding Special Events, adding Chapter 8.18 regarding Expressive Activity Events and
waiving applicable park user fees. Motion carried, 3/1 (Hall -No).
ORDINANCE FOR ADOPTION: None.
PUBLIC HEARINGS:
16. WATER RATES PUBLIC HEARING -Adoption of City Council Resolution No. 2019-244
approving two-year rates for wastewater services; and
Adoption of CMWD Resolution No. 1624 of the Board of Directors of the Carlsbad Municipal
Water District approving a potable water rate structure modification and two-year rates for
potable water and recycled water services. (Staff contact: Ligeia Heagy and Vicki Quiram,
Public Works)
City Manager's Recommendation: Take public input, close the public hearing and adopt the
Resolutions.
Management Analyst Ligeia Heagy and Utilities Director Vicki Quiram 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 7:00 p.m.
David Hayes spoke regarding his concern with the Jack of progress made in offering reclaimed
water to all residents. He proposed that all residents be charged the same rate in order to help
fund ongoing reclaimed efforts and create an equitable system for everyone.
Seeing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at
7:02 p.m.
In response to an inquiry from Council Member Blackburn, Utilities Director Vicki Quiram
explained the city's efforts to continue the expansion of offering recycled water and the price
difference between regular potable water and recycled water.
In response to an inquiry from Council Member Schumacher, City Manager Scott Chadwick
explained that staff would follow up in writing about the percentage of energy costs.
City Clerk Barbara Engleson reported the City Clerk's office received 38 written protests from
citizens across the city. She explained the amount received were not sufficient to achieve a
majority protest in any of the categories for potable, waste, and/or recycled water rates.
Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt City
Council Resolution No. 2019-244 approving two-year rates for wastewater services; and
Nov. 19, 2019 Carlsbad City Council Regular Meeting Page 6
adopt CMWD Resolution No. 1624 of the Board of Directors of the Carlsbad Municipal Water
District approving a potable water rate structure modification and two-year rates for potable
water and recycled water services. Motion carried unanimously, 4/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
This item was continued from the Nov. 12, 2019 City Council Meeting.
17. UPDATE ON THE CITY'S DIGITAL INFORMATION NETWORK -Receive an informational
presentation on the city's current digital information network and its deficiencies, in
preparation for a later presentation offering a proposed new and more robust network. (Staff
contact: Maria Callander, Information Technology)
City Manager's Recommendation: Receive the report.
IT Manager Joe Stephenson and IT Director Maria Callandar presented the report and reviewed
a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Mayor Pro Tern Bhat-Patel, IT Manager Joe Stephenson
explained the network will include the possibility to meet future needs and demands.
Council received the report.
18. REGIONAL TRAFFIC CALMING PRACTICES -Receive an informational presentation providing
an overview of traffic calming in the region including best practices, standards and programs.
(Staff contact: John Kim, Public Works)
City Manager's Recommendation: Receive the report.
City Traffic Engineer John Kim and Deputy City Manager Public Works Paz Gomez presented
the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Blackburn, John Kim explained the traffic
calming program was designed for residential streets and, due to restrictions, can't be applied
to larger streets, and therefore other projects and programs are utilized for the latter.
In response to an inquiry from Mayor Hall, John Kim explained how the dimensions of design
features including speed cushions and raised sidewalks were calculated.
Council received the report.
Minute Motion by Council Member Schumacher, seconded by Council Member Blackburn, to
provide the presentation to the Traffic & Mobility Commission, allow for the opportunity to
provide recommendations and comments from the Traffic & Mobility Commission, and
return these to Council in the form of a memo. Motion carried unanimously, 4/0.
Nov. 19,2019 Carlsbad City Council Regular Meeting Page 7
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.
ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been invited
to and may be participating in the following events:
Thursday, Dec. 5, 2019 -8:00-9:00 a.m.
City of Carlsbad Police Volunteer Holiday Breakfast
Carlsbad Safety Center
2560 Orion Way
Carlsbad, CA
Thursday, Dec. 5, 2019-2:00-4:30 p.m.
Supervisor Jim Desmond's Holiday Open House
Vista Courthouse
325 S. Melrose Dr., Suite 5200
Vista, CA
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
CITY CLERK COMMENTS: None.
ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting 7:51 p.m.
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Deputy City Clerk