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HomeMy WebLinkAbout2020-07-14; City Council; MinutesCITY COUNCIL Minutes July 14, 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 was serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 11. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. INVOCATION: None. APPROVAL OF MINUTES: Minutes of the Special Meeting held June 2, 2020 Minutes of the Special Meeting held June 4, 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: Proclamation in recognition of Parks & Recreation Month. Mayor Pro Tern Blackburn presented the proclamation and said a few words. PUBLIC COMMENT: The following individual called into the City Council Meeting and voiced their comment for the record: Mary Lucid spoke about concerns regarding Carlsbad Senior Centers. She commented on restrictive access to facilities and services for non-Carlsbad citizens. 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, 2, 4, 5, 7 through 11. Motion carried unanimously, 4/0. 1. REPORT ON CITY INVESTMENTS — Receive an update on City investments as of May 31, 2020. (Staff contact: Laura Rocha and Craig Lindholm, Administrative Services) July 14, 2020 Carlsbad City Council Regular Meeting Page 2 2. CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT RESOLUTION OF INTENTION — Adoption of Resolution No. 2020-134 declaring its intention to modify the assessment rate for the Carlsbad Tourism Business Improvement District, fixing the time and place of a public meeting and public hearing on the modification and giving notice of the public meeting and public hearing. (Staff contact: Cheryl Gerhardt, Administrative Services) This item was pulled for discussion by Mayor Hall 3. REVISIONS TO THE PART-TIME SALARY SCHEDULE AND PAY INCREASES FOR PART-TIME EMPLOYEES — Adoption of a resolution approving revisions to the City of Carlsbad Part-Time Salary Schedule and approving pay increases for part-time employees. (Staff contact: Judy von Kalinowski and Silvano Rodriguez, Administrative Services) 4. PURCHASE OF EXCESS WORKERS' COMPENSATION COVERAGE — Adoption of Resolution No. 2020-135 approving the purchase of excess workers' compensation coverage through Safety National Casualty Corporation for fiscal year 2020-21 in an amount not to exceed $226,170. (Staff contact: Donna Hernandez, Administrative Services) 5. ACCEPTANCE OF DONATION FROM THE CARLSBAD FRIENDS OF THE LIBRARY — Adoption of Resolution No. 2020-136 accepting a fiscal year 2020-21 donation of $88,200 and a pledge of $36,575 in additional support from the Friends of the Carlsbad Library to the City of Carlsbad Library & Cultural Arts Department. (Staff contact: Suzanne Smithson, Library & Cultural Arts) This item was pulled for discussion by Council Member Schumacher 6. FISCAL YEARS 2020-25 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM —Adoption of a resolution approving the fiscal years 2020-25 analysis of impediments to Fair Housing Choice for the City's Community Development Block Grant Program. (Staff contact: Nancy Melander, Community Development) 7. APPROVAL OF AGREEMENT WITH CENTRALSQUARE TECHNOLOGIES, LLC — Adoption of Resolution No. 2020-138 authorizing the city manager to execute an agreement to license the latest version of city's existing financial system, provide professional services to upgrade the financial system and provide ongoing hosting services from CentralSquare Technologies, LLC for a total not to exceed amount of $492,004 for a three-year period. (Staff contact: Maria Callander and Kevin Branca, Administrative Services) 8. ADVERTISE FOR BIDS FOR THE EL CAMINO REAL AND COLLEGE BOULEVARD INTERSECTION IMPROVEMENTS PROJECT — Adoption of Resolution No. 2020-139 approving plans and specifications and authorizing the city clerk to advertise for bids for the El Camino Real and College Boulevard Intersection Improvements, Capital Improvement Program Project No. 6071. (Staff contact: Brandon Miles, Public Works) 9. AMENDMENT TO AGREEMENT WITH MIKHAIL OGAWA ENGINEERING, INC. — Adoption of Resolution No. 2020-140 authorizing Amendment No. 1 to the agreement with Mikhail Ogawa Engineering, Inc., to provide professional services for the Carlsbad Watershed July 14, 2020 Carlsbad City Council Regular Meeting Page 3 Management Area (CWMA) Program in an amount of $131,372. (Staff contact: James Wood, Public Works) 10. AGREEMENT WITH THE REGIONAL SOLID WASTE ASSOCIATION — Adoption of Resolution No. 2020-141 authorizing the city manager to execute an agreement with the Regional Solid Waste Association (RSWA) for residential household hazardous waste collection program services for a five-year term. (Staff contact: Avecita Jones, Public Works) 11. MASTER PURCHASE AGREEMENTS WITH ONESOURCE DISTRIBUTORS — Adoption of City Council Resolution No. 2020-142 authorizing execution of a five-year Master Purchase Agreement with OneSource Distributors for Supervisory Control and Data Acquisition (SCADA) Programmable Logic Controller equipment as part of Capital Improvement Program Project No. 5542-1 in an amount not to exceed $150,000; and, Adoption of CMWD Resolution No. 1642 authorizing execution of a five-year Master Purchase Agreement with OneSource Distributors for Supervisory Control and Data Acquisition (SCADA) Programmable Logic Controller equipment as part of Capital Improvement Program Project No. 5542-2 and 5542-3, in an amount not to exceed $400,000. (Staff contact: Stephanie Harrison, Public Works) CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION: This item was pulled for discussion by Mayor Hall 3. REVISIONS TO THE PART-TIME SALARY SCHEDULE AND PAY INCREASES FOR PART-TIME EMPLOYEES — Adoption of a resolution approving revisions to the City of Carlsbad Part-Time Salary Schedule and approving pay increases for part-time employees. (Staff contact: Judy von Kalinowski and Silvano Rodriguez, Administrative Services) In response to an inquiry by Mayor Hall, Management Analyst Silvano Rodriguez confirmed that the three percent increase was not required by state or federal law. Mayor Hall explained that the reason he is making note of this is because of the current state of unemployment in the city, state and the nation and with unemployment locally running as high as 25%, he doesn't feel it is appropriate for the government to be giving percent increases at this time. In response to an inquiry by Mayor Pro Tem Blackburn, Management Analyst Silvano Rodriguez confirmed that the part-time employees do not receive medical benefits and only receive an APPLE retirement plan which is a 457-retirement account to which the city contributes to at 3.75%. In response to an inquiry by Mayor Pro Tem Blackburn, Management Analyst Silvano Rodriguez commented that the part-time employees do not receive PERS benefits, but there are 35, 500-hour employees that are receiving PERS benefits. July 14, 2020 Carlsbad City Council Regular Meeting Page 4 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt the resolution. Motion failed, 2/2 (Hall, Schumacher — No). Minute Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to have the item brought back to the City Council if Carlsbad local unemployment numbers drop below 10% for three consecutive months. Council Member Schumacher commented that she would prefer to see traditional unemployment numbers and hear the pros and cons of the item at a future City Council meeting. Mayor Hall and Mayor Pro Tern Blackburn withdrew their minute motion. Mayor Hall commented that he would like the City Manager to place the item on a future City Council meeting agenda. This item was pulled for discussion by Council Member Schumacher 6. FISCAL YEARS 2020-25 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM — Adoption of Resolution No. 2020- 137 approving the fiscal years 2020-25 analysis of impediments to Fair Housing Choice for the City's Community Development Block Grant Program. (Staff contact: Nancy Melander, Community Development) Council Member Schumacher commented that she would not be supporting the item because she felt there was inadequate analysis conducted on the impediments that are being described to fair housing specific to Carlsbad. She added that the associated actions do not go far enough to remedy the impediments. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution 2020-137. Motion carried, 3/1 (Schumacher — No). ORDINANCES FOR INTRODUCTION: 12. INTRODUCTION OF AN ORDINANCE TO DECREASE THE SPEED LIMIT ON AVENIDA ENCINAS FROM CANNON ROAD TO PALOMAR AIRPORT ROAD — Introduction of Ordinance CS-378 amending Carlsbad Municipal Code Section 10.44.280 to decrease the speed limit on Avenida Encinas from Cannon Road to Palomar Airport Road to 35 miles per hour. (Staff contact: John Kim, Public Works) City Manager's Recommendation: Introduce the ordinance. City Attorney Celia Brewer titled the Ordinance. July 14, 2020 Carlsbad City Council Regular Meeting Page 5 Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to introduce Ordinance CS-378. Motion carried unanimously, 4/0. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 13. LIGHTING AND LANDSCAPING DISTRICT NO. 1 — Hold a public hearing and adopt Resolution 2020-143 confirming the diagram and assessment and providing for the levy of the annual assessment for fiscal year 2020-21 for Street Lighting and Landscaping District No. 1, a special assessment district. (Staff contact: Jason Rosado, Administrative Services). City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Assistant Finance Director Ryan Green and Assistant to the Treasurer Jason Rosado 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 3:18 p.m. Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:18 P.m. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-143. Motion carried unanimously, 4/0. 14. LIGHTING AND LANDSCAPING DISTRICT NO. 2 — Hold a public hearing and adopt Resolution 2020-144 confirming the diagram and assessment and providing for the levy of the annual assessment for fiscal year 2020-21 for Street Lighting and Landscaping District No. 2, a special assessment district. (Staff contact: Jason Rosado, Administrative Services). City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Assistant Finance Director Ryan Green and Assistant to the Treasurer Jason Rosado 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 3:19 p.m. Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:19 P.m. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-144. Motion carried unanimously, 4/0. July 14, 2020 Carlsbad City Council Regular Meeting Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: 15. 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, 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). City Council received the report. 16. $2,250,000 GUARANTY FOR THE CLEAN ENERGY ALLIANCE AND FINANCING OPTIONS — Receive a report and 1) Consider adoption of a resolution authorizing the City of Carlsbad to provide up to a $2,250,000 guaranty for a $2,500,000 credit option for Clean Energy Alliance as proposed by River City Bank or a third party approved by the alliance board; and Authorizing the city manager to act on behalf of the city, in consultation with the city attorney, to negotiate and execute all agreements and amendments necessary for the guaranty; and 2) Consider directing staff to develop and present an alternative credit option to fund the Clean Energy Alliance's fiscal year 2020-21 budget with a $4,450,000 loan from the city's General Fund, in consultation with the city attorney and city treasurer. (Staff contact: Jason Haber, City Manager Department) City Manager's Recommendation: Receive the report, adopt the resolution and provide direction as appropriate. Deputy City Manager of Administrative Services Laura Rocha and Intergovernmental Affairs Director Jason Haber presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tem Blackburn asked staff if the Joint Powers Association (JPA) has the authority to take out loans and if the City Council does not decide to approve this item can the JPA then take out the JP Morgan loan? In response to the inquiry by Mayor Pro Tern Blackburn, Intergovernmental Affairs Director Jason Haber responded that the City Council could reject the item and has no obligation to offer an alternative finance solution to the JPA. He further added that the JPA is within its power and duties to take measures to secure the JP Morgan loan. July 14, 2020 Carlsbad City Council Regular Meeting Page 7 Mayor Pro Tern Blackburn asked staff if it was accurate that SDGE is removing itself from the energy procurement business. In response to the inquiry by Mayor Pro Tern Blackburn, Intergovernmental Affairs Director Jason Haber responded that it is true and that is SDGE's position. Mayor Pro Tern Blackburn commented to staff that if City Council approves the item, it should be done in house with a lot of contingencies and conditions and be approved by the City Attorney and City Treasurer. Intergovernmental Affairs Director Jason Haber explained that the Option No. 2 recommendation is to work with the City Attorney and City Treasurer to develop a concept of an alternative credit option for the JPA. He added that this is not an authorization to provide any financing at this point. He further commented that it is a direction to staff to work on something to offer to the JPA. Council Member Schumacher asked if Mayor Pro Tern Blackburn would be willing to support both Option No. 1 and Option No. 2 Mayor Pro Tern Blackburn responded that he would only support Option No. 2 because if guarantees are going to be made then he rather the profit be made by the city than a bank, and there would be more control of the money and conditions. Deputy City Manager of Administrative Services Laura Rocha commented that staff would bring back the detailed terms of the loan and bring back a resolution to appropriate the funds out of the reserves because this would be an appropriation of funds and not identified as an investment of funds. Council Member Schumacher commented that the use of public funds for public benefit could be beneficial in the midst of the COVID-19 pandemic as it could help businesses and the local economy and make it more likely that the JPA would be able to offer discounts to ratepayers faster than the other options of River City Bank and JP Morgan. She further added that Carlsbad ratepayers and businesses want and need those discounts right now and those are fixed costs that the JPA can help with. Mayor Hall expressed his concerns about the 2% guarantee number and if we can make that and that more information is needed. Council Member Schumacher commented that she is sure that it is something they can get to and at the worse, the launch date could change from a May 2021 date to an October 2021 date. July 14, 2020 Carlsbad City Council Regular Meeting Page 8 Intergovernmental Affairs Director Jason Haber commented that it remains the JPA preference to launch in May 2021 and it is not preferable to see a delay in the launch. City Treasurer Craig Lindholm asked staff if the September date remains a hard date for funding required for the September installment or if it could be moved out with other timelines. In response to the inquiry by City Treasurer Craig Lindholm, Intergovernmental Affairs Director Jason Haber explained that the JPA does have an overhead cost need that will come in October of this year. Mayor Hall commented that he still doesn't feel, nor does he think that the public have the sure certainty about this item. He commented that there has been no outreach to the community, and if it was important, then it should have been part of the annual budget process. Council Member Schumacher explained that at that time, the River City Bank and JP Morgan options were not available, and the City Council is considering this option now because it would allow for control over the conditions of the loan which City Council has been considering this type of financing since last year. She further commented that the option before the City Council tonight is to bring back the financing conditions that will then be able to detail to the public and add transparency to what the conditions are. She also added that at this point there was no detail because the City Council needed to be asked if they were interested in controlling the financing of the project. Mayor Pro Tem Blackburn commented that the City Council not deciding about whether the JPA is going to go forward. He explained that the City Council is deciding whether it is going to go forward with a River City loan, a JP Morgan loan or a City of Carlsbad financing option. He further explained that if the City Council says no to everything, then the JPA goes forward with a more expensive loan. He asked staff if the City Council voted yes on this tonight, if it was just to ask for more information to be brought back. In response to an inquiry from Mayor Pro Tern Blackburn, Intergovernmental Affairs Director Jason Haber commented that he was correct and the City Council would be instructing staff to collaborate and come up with a financing proposal for City Council's consideration. City Manager Scott Chadwick commented that Option No. 2 does include consultation with the City Attorney and the City Treasurer. He also commented that they would likely receive outside attorney advice as well to make sure all terms are correct. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Schumacher to receive the report and select Option 2 directing staff to develop and present an alternative option to fund the Clean Energy Alliance's fiscal year 2020-21 budget with a $4,450,000 loan from the July 14, 2020 Carlsbad City Council Regular Meeting Page 9 city's General Fund, in consultation with the City Attorney and City Treasurer. Motion carried, 3/1 (Hall — No). RECESS: Mayor Hall declared a recess at 5:08 p.m. Mayor Hall reconvened the meeting at 5:15 p.m. 17. AMENDMENT NO. 1 TO THE CLIMATE ACTION PLAN — Adoption of Resolution No. 2020-146 approving an amendment to the Climate Action Plan to revise the greenhouse gas inventory and reduction targets and forecast, update reductions from existing measures and incorporate Community Choice Energy as a new reduction measure. (Staff contact: Michael Grim, Pubic Works) City Manager's Recommendation: Adopt the resolution. Climate Action Plan Administrator Mike Grim 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: Galena Robertson spoke in support of the amendment. She also urged the City Council to consider a comprehensive CAP update in the next year to align the CAP with what science shows is necessary to secure a safe future. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-146. Motion carried unanimously, 4/0. 18. CITY COUNCIL COMPENSATION AND BALLOT MEASURE DISCUSSION — 1) Discuss and provide direction on placing a ballot measure on the Nov. 3, 2020, General Municipal Election ballot relating to City Council compensation; and 2) Discuss and provide direction on City Council compensation adjustments for 2019 and 2020. (Staff contact: Cindie McMahon, City Attorney Department and Sheila Cobian, City Clerk Services) City Manager's Recommendation: Receive the report and provide direction to staff. Mayor Pro Tern Blackburn commented that the original reason this item is being discussed is because it is very difficult for the City Council to decide their own pay raises and the committee at that time came up with the idea that the City Council pay raises should be based on the San Diego Consumer Price Index and when the economy flattened they then made the decision to waive City Council pay raises since City employees were not receiving any either. He further commented that the committee then decided the City Council could waive their July 14, 2020 Carlsbad City Council Regular Meeting Page 10 pay raises. He added that he is not sure on the item since the City Council decided to not increase the salaries of part-time employees earlier in this agenda. Council Member Bhat-Patel commented that she would support the first action, but for the second action, she would likely want to waive the adjustment. Council Member Schumacher commented that she would waive the City Council compensation increase this time around. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to direct staff to bring back documents that would place a ballot measure on the Nov. 3, 2020, General Municipal Election ballot relating to City Council compensation and to bring back documents that would waive the City Council compensation adjustments for 2019 and 2020. Motion carried unanimously, 4/0. COUNCIL REPORTS AND COMMENTS: Council Member Schumacher commented that there could potentially be administrative enforcement options regarding face masks that City Council has not yet explored to protect our residents especially with tourists coming in, hotels remaining open and people enjoying the beaches. Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to direct staff to place on a future agenda item an administrative enforcement option for requiring the wearing of masks in public. Motion carried, 3/1. (Hall — No) Mayor Pro Tem Blackburn commented that the City Council gets a lot of concern about park deficits in the Ponto area and there is a lot of questions about particular parcels in that area. He added that there is a lot of inconsistent information coming from a lot of conflicting sources and he would like to ask staff to provide information regarding planning, master plan, public vote requirements and other important information regarding the Ponto area. Minute Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to direct staff to place on a future agenda item at a City Council Workshop information regarding the coastal Ponto property that includes the planning, master plan, public vote requirements and any other important information. Motion carried unanimously, 4/0. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. July 14, 2020 Carlsbad City Council Regular Meeting Page 11 ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 6:07 p.m. in memory of David Ku!chin. Hector Gomez Deputy City Clerk