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HomeMy WebLinkAbout2020-08-18; City Council; MinutesCITY COUNCIL Minutes August 18, 2020 3 p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 4. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held June 16, 2020 Minutes of the Special Meeting held June 23, 2020 Minutes of the Regular Meeting held June 23, 2020 Minutes of the Special Meeting held July 14, 2020 Minutes of the Regular Meeting held July 14, 2020 Minutes of the Regular Meeting held July 21, 2020 Minutes of the Special Meeting held July 28, 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: None. PUBLIC COMMENT: The following individuals called into the City Council Meeting and voiced their comments for the record: Leonardo DiMedio spoke about the need to have eviction protections for residential properties. Joseph Raffa spoke about a potential conflict of interest with Council Member Schumacher and the Clean Energy Alliance Committee. Mary Lucid spoke about issues she experienced at the Senior Center, including meal delivery problems and staff complaints. Anthony Bona thanked the Carlsbad Police Department and expressed his concern with Council Member Schumacher and some comments that were made about the police. August 18, 2020 Carlsbad City Council Regular Meeting Page 2 PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: No reportable action. CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1 through 3. Motion carried unanimously, 4/0. 1. REPORT ON CITY INVESTMENTS AS OF JUNE 30, 2020 — Accepted and filed a report on city investments as of June 30, 2020. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services) 2. EXTENSION OF LICENSE AGREEMENT WITH COX COMMUNICATIONS CALIFORNIA, LLC TO ALLOW THE CONTINUED USE OF THE PUBLIC RIGHT-OF-WAY WITHIN THE CITY TO PROVIDE SERVICES TO THE PALOMAR AIRPORT INDUSTRIAL AREA — Adoption of Resolution No. 2020- 171 authorizing the city manager or his designee to extend the license agreement between the City of Carlsbad and Cox Communications California, LLC. (Staff contact: Maria Callander, Administrative Services) 3. REJECTION OF ALL BIDS RECEIVED FOR THE CALAVERA HILLS COMMUNITY PARK GATEWAY IMPROVEMENTS PROJECT—Adoption of Resolution No. 2020-172 rejecting all bids received for the Calavera Hills Community Park Gateway Improvements Project (Capital Improvement Project No. 4601). (Staff contact: Kyle Lancaster, Parks & Recreation) This item was pulled for discussion by Council Member Schumacher. 4. APPROVE THE EXECUTION OF MASTER SERVICE AGREEMENTS FOR AS-NEEDED CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING SERVICES — 1) Adoption of a resolution approving the execution of master service agreements with the City of Carlsbad for as-needed horizontal construction management and inspection services with Kleinfelder Construction Services, Inc., Infrastructure Engineering Corporation, Harris & Associates, Inc., and Valley CM Inc. dba Valley Construction Management; as-needed vertical construction management and inspection services with SchneiderCM, Inc., Griffin Structures, Inc., Kitchell/CEM, Inc., and Anser Advisory Management, LLC dba Anser Advisory; and as- needed materials testing services with Atlas Technical Consultants LLC (formerly SCSI, Inc.), Leighton Consulting, Inc., Twining, Inc., and Barnett Quality Control Services dba Nova Services, Inc.; and 2) Adoption of a Carlsbad Municipal Water District (CMWD) resolution approving the execution of master service agreements with CMWD for as-needed horizontal construction management and inspection services with Kleinfelder Construction Services, Inc., Infrastructure Engineering Corporation, Harris & Associates, Inc., and Valley CM, Inc. dba Valley Construction Management; as-needed vertical construction management and inspection services with SchneiderCM, Inc., Griffin Structures, Inc., Kitchell/CEM, Inc., and Anser Advisory Management, LLC dba Anser Advisory; and as-needed materials testing services with Atlas Technical Consultants LLC (formerly SCSI, Inc.), Leighton Consulting, Inc., Twining, Inc., and Barnett Quality Control Services dba Nova Services, Inc. (Staff contact: Babaq Taj, Public Works) August 18, 2020 Carlsbad City Council Regular Meeting Page 3 CONSENT CALENDAR ITEM PULLED FOR DISCUSSION: This item was pulled for discussion by Council Member Schumacher. 4. APPROVE THE EXECUTION OF MASTER SERVICE AGREEMENTS FOR AS-NEEDED CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING SERVICES — 1) Adoption of Resolution No. 2020-173 approving the execution of master service agreements with the City of Carlsbad for as-needed horizontal construction management and inspection services with Kleinfelder Construction Services, Inc., Infrastructure Engineering Corporation, Harris & Associates, Inc., and Valley CM Inc. dba Valley Construction Management; as-needed vertical construction management and inspection services with SchneiderCM, Inc., Griffin Structures, Inc., Kitchell/CEM, Inc., and Anser Advisory Management, LLC dba Anser Advisory; and as-needed materials testing services with Atlas Technical Consultants LLC (formerly SCST, Inc.), Leighton Consulting, Inc., Twining, Inc., and Barnett Quality Control Services dba Nova Services, Inc.; and 2) Adoption of Carlsbad Municipal Water District (CMWD) Resolution No. 1644 approving the execution of master service agreements with CMWD for as-needed horizontal construction management and inspection services with Kleinfelder Construction Services, Inc., Infrastructure Engineering Corporation, Harris & Associates, Inc., and Valley CM, Inc. dba Valley Construction Management; as-needed vertical construction management and inspection services with SchneiderCM, Inc., Griffin Structures, Inc., Kitchell/CEM, Inc., and Anser Advisory Management, LLC dba Anser Advisory; and as-needed materials testing services with Atlas Technical Consultants LLC (formerly SCST, Inc.), Leighton Consulting, Inc., Twining, Inc., and Barnett Quality Control Services dba Nova Services, Inc. (Staff contact: Babaq Taj, Public Works) In response to an inquiry from Council Member Schumacher, Deputy City Manager of Public Works Paz Gomez explained that the fund amounts listed in the agreements are as needed and are not retainers. Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2020-173 and CMWD Resolution No. 1644. Motion carried unanimously, 4/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: 5. ADOPTION OF ORDINANCE NO. CS-379 — Adoption of Ordinance No. CS-379 amending the Carlsbad Corporate Plaza Specific Plan (SP 23(H)) to remove the 6,000 square-foot limitation on medical office use for existing office buildings located at 6183-6185 Paseo del Norte within the Mello ll segment of the city's Local Coastal Program and Local Facilities Management Zone 3. (Case Name: Carlsbad Corporate Plaza Parking Structure; Case No.: AMEND 2019- 0002). (Staff contact: Faviola Medina, City Clerk Department) City Manager's Recommendation: Adopt Ordinance No. CS-379. August 18, 2020 Carlsbad City Council Regular Meeting Page 4 City Attorney Celia Brewer titled the ordinance. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-379. Motion carried unanimously, 4/0. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 6. 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. City Manager Scott Chadwick, Assistant Director of Emergency Services David Harrison, Deputy City Manager of Community Services Gary Barberio, Police Chief Neil Gallucci, Senior Program Manager Holly Nelson, Fire Chief Michael Calderwood, Chief Innovation Officer David Graham and Deputy City Manager of Administrative Services Laura Rocha presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individual called into the City Council Meeting and voiced their comment for the record: Sharon McKeeman spoke to thank the City Council on their decision regarding face masks. Council received the report. In response to an inquiry from Council Member Schumacher, Deputy City Manager of Community Services Gary Barberio explained that four businesses had requested expansion of outdoor retail into the parking lots at the Shoppes at Carlsbad including a COVID-19 testing site, two retail tenants, and a pop-up drive-in theatre. Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to direct staff to bring back options with cost-prohibitive administrative fees to the City Council for expanding outdoor retail into the parking lots at the Shoppes at Carlsbad. Motion carried unanimously, 4/0. Minute Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to direct staff to bring back options to the City Council on a continuing partnership with the Oceanside Kitchen Collaborative. Motion carried unanimously, 4/0. August 18, 2020 Carlsbad City Council Regular Meeting Page 5 7. ECONOMIC RECOVERY AND REVITALIZATION INITIATIVE UPDATES AND ACTIONS — 1) Adoption of Resolution No. 2020474 approving further implementation of the economic recovery and revitalization initiative and modifications to the COVID-19 Small Business Loan Program, and 2) Provide additional direction based upon a report out by the Ad Hoc City Council Economic Revitalization Subcommittee. (Staff contact: David Graham, Administrative Services) City Manager's Recommendation: Adopt the resolution and provide additional direction. Chief Innovation Officer David Graham 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 Tem Blackburn, Chief Innovation Officer David Graham explained that the Center for Disease Control is recommending a FICO credit score of at least 640 to qualify for the program due to the impacts that COVID-19 has had on businesses and the decision for the program to be as inclusive as possible. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-174. Motion carried unanimously, 4/0. Minute Motion by Council Member Bhat-Patel, seconded by Mayor Hall, to place on a future agenda for City Council discussion, a permit fee holiday period which would provide economic relief for temporary activation and permanent use of public property for business operations from March 1, 2020, through February 28, 2021, or until the end of the health emergency, whichever is later; and establish the Gift Carlsbad program, which would provide value-added gift-cards for restaurants, retailers and personal service providers. Motion carried unanimously, 4/0. 8. REVIEW OF JULY 23, 2020 CLEAN ENERGY ALLIANCE JOINT POWERS AUTHORITY SPECIAL MEETING AGENDA ITEM 5 — CLEAN ENERGY ALLIANCE INCLUSIVE & SUSTAINABLE WORKFORCE POLICY — Review and discuss the July 23, 2020 Clean Energy Alliance Joint Powers Authority Board of Directors Special Meeting Agenda Item 5 — Clean Energy Alliance Inclusive & Sustainable Workforce Policy. (Staff contact: Jason Haber, City Manager Department) The following individuals called into the City Council Meeting and voiced their comments for the record: Anthony Bona spoke about a potential conflict of interest existing with Council Member Schumacher serving on the Clean Energy Alliance Committee. Eric Fehrs spoke in support of the Clean Energy Alliance and the mission of the project. August 18, 2020 Carlsbad City Council Regular Meeting Page 6 Lollie McIntire spoke in support of the Clean Energy Alliance and the importance of supporting a strong, local workforce. Mary Hassing spoke about the need to adopt strong, inclusive language in the CEA workforce policy to ensure uniform wages, benefits, overtime pay and proper working conditions for workers. Tracy Carmichael spoke about a potential conflict of interest existing with Council Member Schumacher serving on the Clean Energy Alliance Committee. Eric Christen spoke about a potential conflict of interest with Council Member Schumacher and the Clean Energy Alliance Committee. Micah Mitrosky spoke in support of a strong CEA workforce policy to protect local workers. Mayor Hall explained the reason he asked for the City Council to discuss this agenda item was because he sees the CEA trying to jump a hurdle that they do not have to jump for two to three years. He added that if they try to force this issue, it will highly compromise many of the other agencies that they have had discussions with over the last year. 9. PRESENTATION ON POLICE USE OF FORCE AND POLICE OFFICERS BILL OF RIGHTS AND DISCUSSION ON CITIZENS REVIEW COMMITTEE ON POLICE PRACTICES AND PROCEDURES — Receive a presentation on police use of force and Police Officers Bill of Rights and discuss background information regarding the formation of citizens review committees on police practices and procedures. (Staff contact: Celia Brewer, City Attorney Department; Mickey Williams, Police Department; Judy von Kalinowski, Human Resources Department; and Sheila Cobian, City Manager Department) City Manager's Recommendation: Receive the presentation and discuss the item. Deputy City Attorney Allegra Frost, Assistant Police Chief Mickey Williams, Assistant to the City Manager Sheila Cobian and Partner at Burke, Williams & Sorensen Timothy L. Davis 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 comments for the record: Keyrollos Ibrahim spoke about past issues he experienced with the Carlsbad Police Department. He also encouraged additional police departmental reform. Philip Urbino spoke about his concern of talks of defunding and disbanding police departments in other cities. He also encouraged the City Council to take a measured and long-term approach to suggest changes to the police department and to not act on pure emotion. August 18, 2020 Carlsbad City Council Regular Meeting Page 7 Council received the report. Minute Motion by Council Member Bhat-Patel, seconded by Council Member Schumacher, to direct staff to return to City Council with no date certain, a staff report regarding a citizens review committee on police practices and procedures detailing the three types of civilian oversight (auditor/monitor, review-focused and investigation-focused), that includes a staff recommendation on which type might be best suitable for Carlsbad. Motion carried, 3/1 (Hall —No). COUNCIL REPORTS AND COMMENTS: Council Member Schumacher thanked the City Clerk's office for their work on the Council meeting minutes. She also stated that she was recently appointed to the League of California Cities General Resolutions Committee. CITY MANAGER COMMENTS: City Manager Scott Chadwick announced that the State of the City will take place on August 21, 2020, and that the video presentation will be shown at the next City Council meeting on August 25, 2020. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 6:45 p.m. Hector Gomez Deputy City Clerk