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Home My WebLink About2020-09-22; City Council; Minutes (2)CITY COUNCIL Minutes Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Sept. 22, 2020, 3 p.m. CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Aug. 18, 2020 Minutes of the Regular Meeting held Aug. 25, 2020 Minutes of the Special Meeting held Aug. 27, 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: Public Safety Month Proclamation Mayor Pro Tern Member Blackburn presented the proclamation. Assistant Fire Marshal Darcy Davidson shared about "Serve Up Fire Safety in the Kitchen." She also announced the virtual Fire Station Open House on Sat., Oct. 10th at 10 a.m. PUBLIC COMMENT: The following individuals called into the City Council Meeting and voiced their comment for the record: Noel Breen spoke regarding the future of the First Amendment in Carlsbad. Linda Breen spoke regarding the right of citizens to free expression and free association. Tracy Carmichael spoke regarding her concerns for the community. Nancy Warner spoke regarding the Village being negatively impacted by the homeless issue as well as the homeless services being provided by the Church of the Advent on Carlsbad Village Dr. CONSENT CALENDAR: None. ORDINANCES FOR INTRODUCTION: 1. REPEAL AND REPLACEMENT OF CARLSBAD MUNICIPAL CODE CHAPTER 6.16 NUISANCE — 1) Introduction of Ordinance CS-385 repealing and replacing Title 6, Chapter 6.16 of the Carlsbad Municipal Code concerning public nuisances and property maintenance that either provides Sept. 22, 2020 Carlsbad City Council Regular Meeting Page 2 for the City Council to authorize and hear challenges to nuisance abatement actions or provides for the city manager to authorize and hear challenges to nuisance abatement actions. (Staff contact: Marissa Kawecki, City Attorney's Office) City Manager's Recommendation: Introduce the ordinance. Deputy City Attorney Marissa Kawecki presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Bhat-Patel, Deputy City Attorney Kawecki spoke to the cost of the City Council hearing nuisance matters versus that of the City Manager's Office, indicating that she didn't have the data of cost but that there are only a few items per year and that cost should not be significant. City Attorney Celia Brewer titled the ordinance. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance No. CS-385, that provides for the City Council to authorize and hear challenges to nuisance abatement actions. Motion carried unanimously, 4/0. ORDINANCE FOR ADOPTION: None. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 2. 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. Assistant Director of Emergency Services David Harrison, Deputy City Manager Gary Barberio, Police Chief Neil Gallucci, Program Manager Holly Nelson, Fire Department Chief Michael Calderwood, Chief Innovation Officer David Graham, Deputy City Manager Laura Rocha, and City Manager Scott Chadwick presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to Council Member Bhat-Patel, Deputy City Manager Barberio stated that there would be a total of 25 computers across the three libraries available to the public. He explained that library staff will ensure social distancing is maintained and sanitation practices will be followed. He added that curbside services will not be available when the libraries open. City Council received the report and directed staff to continue with the safe opening of the libraries. Sept. 22, 2020 Carlsbad City Council Regular Meeting Page 3 3. FACIAL COVERING REQUIREMENTS AND ENHANCED ENFORCEMENT OF THE COUNTY HEALTH ORDER FOR BEACH BOARDWALKS, STAIRCASES, GATHERINGS AND BUSINESSES — 1) Consider adoption of a resolution issuing an emergency order mandating face coverings in certain high- traffic pedestrian areas of the City of Carlsbad; or Alternatively, consider adoption of Resolution 2020-191 approving the appropriation of $69,210 from the general fund to the Police Department's FY21 operating budget for police officers to provide enhanced education and enforcement of the County Health Order's face mask requirements at the beach; and 2) Provide further direction to staff on what additional face covering requirements for gatherings and businesses the City Council would like. (Staff contact: Allegra Frost, City Attorney Department, Pete Pascual, Police Department) City Manager's Recommendation: Consider adopting the resolution and provide staff with further direction. Assistant City Attorney Cindie McMahon, Deputy City Attorney Allegra Frost, and Police Captain Pete Pascual 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: Fran Sesti stated that she thought it was disrespectful and a waste of funds to force people to wear facial coverings. Sharon McKeeman spoke regarding her disappointment of possibly being mandated to wear a facial covering and asked Council not to adopt the resolution. Pierre Cochet-Weinandt spoke in favor of mandating the wearing of facial coverings. Sheila O'Neill spoke in favor of mandating the wearing of facial coverings and the issue of seeing large gatherings of people not wearing masks. Athena Runner asked the City Council not to support any resolution making facial covering requirements more stringent than the County's current mandate. Council Member Bhat-Patel described for the residents that this item had been voted on to be placed on a future agenda about two months ago on July 28th after the July 4th holiday statistics increased. In response to Mayor Pro Tern Blackburn, Deputy City Attorney Frost explained that CERT members are currently being used to hand out masks, and that the proposal costs were based on two police officers. In response to Mayor Pro Tern Blackburn, Captain Pasqual indicated that there could be a delay in services depending on what type of transportation the assigned officers were using at the beach. Sept. 22, 2020 Carlsbad City Council Regular Meeting Page 4 In response to Mayor Hall, Deputy City Attorney Frost reported that there have been no cases of COVID-19 linked to the coastline, boardwalk or staircases. Council Member Bhat-Patel explained that she is comfortable moving forward with an enforcement option if Council agrees as she is concerned about people walking around without masks, and added that Council needs to move forward with an action to help resolve the issue. Mayor Hall explained that there has been no evidence showing that COVID-19 cases have been tracked back to the beaches or boardwalks. Police Chief Gallucci expressed that the Police Department already has the authority by the health order to enforce as appropriate, and that an increased Police Department presence will strive to have an emphasis on education. In response to Mayor Hall, Chief Gallucci explained that the Police Dept. has been and will continue to enforce and educate the community without suppressing anyone's First Amendment rights. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-191 approving the appropriation of $69,210 from the general fund to the Police Department's FY21 operating budget for police officers to provide enhanced education and enforcement of the County Health Order's face mask requirements at the beach. Motion carried, 3/1 (Hall — No). Mayor Hall declared a recess at 5 p.m. Mayor Hall reconvened the meeting at 5:09 p.m. 4. UPDATE ON WORK TO BUILD THE CITY'S DIGITAL INFORMATION NETWORK— Receive a report on the status of the implementation of a robust digital information network. (Staff contact: Maria Callander and Joe Stephenson, Administrative Services Department) City Manager's Recommendation: Receive the report. Information Technology Director Maria Callander and Information Technology Manager Joe Stephenson presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council received the report. 5. AWARD OF CONTRACT TO SD REMODELING, INC., FOR NEW VILLAGE ARTS BUILDING ROOF AND EXTERIOR REFURBISHMENT PROJECT — Adoption of Resolution No. 2020-192 accepting bids, awarding a contract to SD Remodeling, Inc. and authorization for additional appropriation for construction of the New Village Arts Building Roof and Exterior Refurbishment Project, CIP Project No. 4739. (Staff contact: John Maashoff, Public Works) City Manager's Recommendation: Adopt the resolution. Sept. 22, 2020 Carlsbad City Council Regular Meeting Page 5 Public Works Manager John Maashoff presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Blackburn, seconded by Council member Bhat-Patel, to adopt Resolution No. 2020-192. Motion carried unanimously, 4/0. 6. AWARD OF CONTRACT TO BARNHART-REESE CONSTRUCTION, INC. FOR DESIGN-BUILD CONTRACT FOR THE FIRE STATION NO. 2 REPLACEMENT PROJECT — Adoption of Resolution No. 2020-193 accepting the proposals received, authorizing award of a design-build contract to Barnhart-Reese Construction, Inc. to provide design-build services for the Fire Station No. 2 Replacement Project, CIP Project No. 4060, for an amount not to exceed $11,222,472, authorizing additional appropriation in an amount of $1,433,883, and denying AMG & Associates, Inc.'s appeal. (Staff contact: Steven Stewart, Public Works and Michael Calderwood, Fire Department) City Manager's Recommendation: Adopt the resolution. Municipal Projects Manager Steven Stewart presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Blackburn, second by Council Member Schumacher, to adopt Resolution No. 2020-193. Motion carried unanimously, 4/0. 7. APPOINT ONE MEMBER TO THE BEACH PRESERVATION COMMISSION — Adoption of Resolution No. 2020-194 reappointing Brian Colby to the Beach Preservation Commission. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolution. Steve Richards spoke on his qualifications to be appointed on the Beach Preservation Commission. Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to adopt Resolution No. 2020- 194 reappointing Brian Colby to the Beach Preservation Commission. Motion carried unanimously, 4/0. COUNCIL REPORTS AND COMMENTS: None. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 3:56 p.m. Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk