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HomeMy WebLinkAbout2020-11-17; City Council; Minutes (2)CITY COUNCIL Minutes Nov. 17, 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. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. INVOCATION: None. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. APPROVAL OF MINUTES: None. PRESENTATIONS: Presentation of Veterans in the Work Place City Manager Scott Manager made the presentation. 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. PUBLIC COMMENT: The following individual called into the City Council Meeting and voiced their comment for the record: Mary Lucid spoke regarding studying the pros and cons of uniting the Senior Center, Teen Center and Community Center as one entity. CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar Item Nos. 1 through 8. Motion carried unanimously, 4/0. 1.REPORT ON CITY INVESTMENTS AS OF SEPT. 30, 2020 — Accept and file Report on City Investments as of Sept. 30, 2020. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services) 2.AUTHORIZATION TO APPLY FOR A LOAN AND APPROPRIATE FUNDS FOR THE WASTEWATER SUPERVISORY CONTROL AND DATA ACQUISITION PROJECT — 1) Adoption of Resolution No. 2020-217 authorizing a financial assistance application to the State Water Resources Control Board for the Supervisory Control and Data Acquisition Improvements Project and designating the City Manager or designee to sign and submit the application; and November 17, 2020 Carlsbad City Council Regular Meeting Page 2 2) Adoption of Resolution No. 2020-21.8 authorizing the reimbursement of funding for Supervisory Control and Data Acquisition Improvements Project from the State Water Resources Control Board. (Staff contact: Vicki Quiram and Shoshana Aguilar, Public Works) 3.U.S. BICYCLE ROUTE 95 DESIGNATION — Approved letter of resolution in support of the designation of U.S. Bicycle Route 95 through the City of Carlsbad. (Staff contact: Nathan Schmidt, Public Works) 4.AWARD OF CONTRACT TO CCL CONTRACTING, INC., AND AUTHORIZING AGREEMENT WITH VALLEY CM, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CONSTRUCTION OF THE VALVE REPLACEMENT PHASE II — 1) Adoption of CMWD Resolution No. 1647 accepting bids and awarding a contract to CCL Contracting, Inc. for construction of the Valve Replacement Phase II, CIP Project No. 5019-E, and Condition Assessment, CIP Project No. 5051, in an amount not to exceed $1,335,500; and 2) Adoption of CMWD Resolution No. 1648 authorizing execution of an agreement with Valley CM, Inc. to provide construction management and inspection services for the Valve Replacement Phase II, CIP Project No. 5019-E in an amount not to exceed $256,200. (Staff contact: Stephanie Harrison, Valerie Airey, and Vicki Quiram, Public Works) 5.BUILDING NAME CHANGE FROM SAFETY CENTER TO POLICE AND FIRE HEADQUARTERS — Adoption of Resolution No. 2020-219 approving the building name change from Safety Center to Police and Fire Headquarters. (Staff contact: Cindy Anderson, Police Department) 6.SIDE LETTER WITH THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC., REGARDING MODIFICATIONS TO THE CITY'S CALCULATION OF OVERTIME AS REQUIRED BY THE FAIR LABOR STANDARDS ACT — Adoption of Resolution No. 2020-220 approving a Side Letter Agreement with the Carlsbad Firefighters' Association, Inc. to modify Articles 4, 15, 16, 19 and 20 of the Memorandum of Understanding between the City and Association relating to the calculation of overtime under the Fair Labor Standards Act and authorizing the city manager to address any related past underpayments_ (Staff contact: Debbie Porter and Judy von Kalinowski, Human Resources) 7.ACCEPTANCE OF A $6,800 DONATION FROM THE CARLSBAD LIBRARY & ARTS FOUNDATION — Adoption of Resolution No. 2020-221 accepting a donation of $6,800 from the Carlsbad Library & Arts Foundation to the City of Carlsbad's Library & Cultural Arts Department. (Staff contact: Richard Schultz, Library gk Cultural Arts) 8.AMENDMENT OF PROFESSIONAL SERVICES AGREEMENT WITH RAVI DESIGN FOR VETERANS MEMORIAL PARK PROJECT — Adoption of Resolution No. 2020-222 amending and extending a professional services agreement with RJIVI Design Group for design services on Veterans Memorial Park, in an amount not to exceed $1,335,000 for a three-year term, and appropriating $1,335,000 in additional funds from the Community Facilities District No. 1 Fund. (Staff contact: Tim Selke, Parks & Recreation) ORDINANCES FOR INTRODUCTION: None. November 17, 2020 Carlsbad City Council Regular Meeting Page 3 ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 9. ROMERIA POINTE APARTMENTS APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A SITE DEVELOPMENT PLAN AND STATE DENSITY BONUS ALLOWING THE CONSTRUCTION OF A FOUR-STORY RESIDENTIAL APARTMENT PROJECT - Adoption of Resolution No. 2020-223 denying the appeal and upholding the decision of the Planning Commission to approve a site development plan to construct a four-story, 23-unit residential apartment project which includes three inclusionary housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street within Local Facilities Management Zone 6. (Project Name: Romeria Pointe Apartments; Project No.: SDP 2018- 0004 (DEV2017-0151). (Staff contact: Chris Garcia, Community Development) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Mayor Hall disclosed that he had spoken with someone from the Romeria Pointe regarding the rescheduling of the appeal. Mayor Pro Tern disclosed that he spoke to the developer regarding the delay, and spoke with several residents and did a site visit. Council Member Bhat-Patel disclosed that she had received emails from the developer regarding the rescheduling date. Council Member Schumacher disclosed that she had emailed a resident to help them obtain information they were looking for. City Attorney Celia Brewer advised the City Council Members of the rules in CMC 21.54.150 and reviewed the procedure for appeals. Community Development Director Jeff Murphy and Associate Planner Chris Garcia presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Appellant Eileen Donovan presented her statement. She commented that she did not understand why the developer would not apply for a CEQA determination and felt it was not a safe development due to issues with the soil. She explained that the project does not conform with the feel of the surrounding area and would create additional traffic. Developer John Allen made his presentation stating that all the appellant's issues had been brought up and addressed. Mayor Hall opened the duly noticed public hearing at 3:51 p.m. The following individuals called into the City Council Meeting and voiced their comment for the record: November 17, 2020 Carlsbad City Council Regular Meeting Page 4 Elizabeth Citrano spoke about the CEQA review that had been voted on at the June 11, 2020 meeting previously to be done and that the soils circumstance is unusual. She commented that the CEQA review needs to be done. Susan Ortman spoke regarding the history of soils problems in the area of the project. She explained that the city needs to be aware of environmental impacts as well as lack of parking and lack of safety. Hearing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:59 In response to Council Member Schumacher, the applicant's geotechnical consultant Andy Guatelli with Geosoils Inc. explained that they would use all available geotechnical data and re-review the soil sampling that was done on the site over the course of multiple years and that extensive studies have been done over the past 16 years including large diameter borings. Mr. Guatelli also explained that no further drilling was necessary on this project. In response to Council Member Schumacher, CEQA Legal Counsel Mike Hogan responded that the definition of "unusual circumstances" was defined by the Supreme Court which ruled that the standard of an unusual circumstance exception under CEQA Guideline 15300.2 requires evidence of an unusual circumstance and evidence of a significant adverse impact of the unusual circumstance. Mr. Hogan explained that the unusual circumstance would differ significantly from the circumstances typical of the type of project proposed. In response to Council Member Schumacher, Mr. Hogan responded that the Standard of Review would be that substantial evidence that an unusual circumstance is present. In response to Council Member Bhat-Patel, Mr. Guatelli responded that the term slippage is not a geotechnical term, and that they are looking to see if there is any indication in the borings that would indicate lateral instability. Mr. Guatelli explained that studies from the 1960's to the present were used and no large scale lateral instability or landslides were present. Minute Motion by Council Schumacher to continue item to Dec. 8 or Dec. 15 to ensure that the new District 4 representative be able to represent her district. Motion failed due to a second. Council Member Schumacher stated that there was insufficient follow-up by the applicant per the request of prior City Council around the geotechnical analysis, that there is evidence of surrounding area soil shifting, and she will be voting to uphold the appeal. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve Resolution No. 2020-223 denying the appeal. Motion carried, 3/1 (Schumacher — No). November 17, 2020 Carlsbad City Council Regular Meeting Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: 10.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, Assistant Police Chief Mickey Williams, Program Manager Holly Nelson, Fire Department Battalion Chief Kevin Lynds, 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). City Council received the report. Mayor Hall declared a recess at 4:45 p.m. Mayor Hall reconvened the meeting at 4:53 p.m. 11.CARLSBADCONNECTS SERVICE REQUEST AND COMMUNITY ENGAGEMENT APPLICATION — Receive an informational presentation on the city's new service request and community engagement application. (Staff contact: Maria Callander and Doug Kappel, Administrative Services Department) City Manager's Recommendation: Receive the presentation. Information Technology Maria Callander and Information Technology Manager Doug Kappel presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Council Member Schumacher stated for the record that as of this date, Council has not yet approved any digital application strategy or roadmap for digital transformation. In response to Mayor Hall, Information Technology Director Callander responded that IT is working with the Communications Division for the media campaign to promote the application, as well as social media and internet sites. She added that an email was also sent to subscribers of the old application letting them know that the new application was available. 12.NAMING OF THE PARK AT THE BUENA VISTA RESERVOIR SITE — 1) Adoption of Resolution No. 2020-224 naming the park to be constructed on the south side of Buena Vista Way, between Highland Drive and James Drive, the Buena Vista Reservoir Park; or 2)Direct staff to solicit written proposals for naming the park and return to the City Council for further consideration; or 3)Provide other direction as appropriate. (Staff contact: Kyle Lancaster, Park & Recreation) November 17, 2020 Carlsbad City Council Regular Meeting Page 6 City Manager's Recommendation: Adopt the resolution, or direct staff to solicit written proposals for further consideration, or provide other direction as appropriate. Parks & Recreation Director Kyle Lancaster 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: Laurie Boone explained that knowing about this item earlier would have been an opportunity for the Historic Preservation Commission to weigh in on the historical value of keeping Buena Vista Reservoir as the name of the park due to the fact that it has significant historical value. Austin Filbrun spoke regarding learning about the history of Carlsbad and how important water has been from the founding of the city until today, including the naming of the Buena Vista Reservoir Park. Noah Rabago, Aviara Oaks Elementary School student, spoke about missing out on being able to attend City Stuff. He explained that a volunteer taught him about the history of Carlsbad including about why the reservoir was built, and is in favor of the naming of Buena Vista Reservoir Park. Motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-224. Motion carried unanimously, 4/0. 13. IMPACTS OF COVID-19 ON THE CITY'S TOURISM WORKFORCE AND CONSIDERATION OF A POTENTIAL WORKER RECALL ORDINANCE — Consider a request from City Council Member Bhat-Patel to discuss the impacts of COVID-19 on the city's tourism workforce and a potential worker recall ordinance. (Staff contact: Sheila Cobian, City Manager Department) City Manager's Recommendation: Provide direction as appropriate. Council Member Bhat-Patel gave an overview of the potential worker recall ordinance and thanked Mayor Pro Tem Blackburn for his assistance on the initiative. The following individuals called into the City Council Meeting and voiced their comment for the record: Brett Schanzenbach explained that Carlsbad's hospitality industry does not need any more red tape or government telling them to hire back their employees. Cristina Diaz spoke regarding being put on furlough and needing her position back at La Costa Resort and Spa, and that some employees are being permanently laid off. She explained that it does not cost the employers anything to continue keeping the employees on furlough. November 17, 2020 Carlsbad City Council Regular Meeting Page 7 Patrick Oshima, who worked at La Costa Resort and Spa for 43 years, spoke regarding being on furlough and his desire to go back to work, and explained that some furloughed employees are now being permanently laid off. Collie McIntire, who worked at La Costa Resort for 30 years, spoke in favor of the proposed ordinance and felt that the company would rather hire new people and pay them less than keep their current employees. Justin Eddy spoke in strong support of the worker recall ordinance. Jose Arroyo and many family members and friends have been laid off from the hospitality industry and that he is in favor of the ordinance. Mayor Pro Tern Blackburn explained that the intent of the recall was not to bring employees back before the pandemic is over, but to save their positions for them to come back to after the industry has reopened. He suggested an ad-hoc committee to navigate the issues. In response to Mayor Pro Tern Blackburn, Mayor Hall explained that the city already has the Economic Stimulus Committee who has been working with the Chamber and the business committee and would like for this committee to vet this item. Council Member Bhat-Patel stated for the record that the feedback from the people she has spoken to will be incorporated into the final ordinance. Discussion ensued regarding allowing the Economic Stimulus Committee to weigh in on this issue. Minute Motion by Council Member Bhat-Patel, seconded by Council Member Schumacher, to direct the City Attorney to return with an urgency ordinance on Dec. 8, 2020, to put together a temporary recall notice for employees in the hotel industry in the City of Carlsbad to address the impacts of COVID-19, and evaluate the impacts of the recall ordinance of the City of San Diego so that it is something specific to the City of Carlsbad. Motion carried, 3/1 (Hall — No). 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. Council Member Schumacher thanked all of the veterans for their service. Mayor Hall reminded everyone to stay safe during the holiday season by wearing their masks and social distancing. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. November 17, 2020 Carlsbad City Council Regular Meeting Page 8 ANNOUNCEMENTS: None. ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 6:34 p.m. Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk