HomeMy WebLinkAbout2022-04-05; City Council; ; Approval of Amendment No. 4 to the Agreement with Dudek for Engineering Services of the Park Drive Street and Drainage Improvements Project~ CITY COUNC IL
~ Staff Report
Meeting Date:
To :
From:
Staff Contact:
April 5, 2022
Mayor and City Council
Scott Chadwick, City Manager
Scott Lyle, Senior Engineer
scott.lyle@carlsbadca.gov, 442-339-7505
Hossein Ajideh, Engineering Manager
hossein.ajideh@carlsbadca.gov, 442-339-2756
CA Review RMC
Subject: Approval of Amendment No. 4 to the Agreement with Dudek for
Engineering Services of the Park Drive Street and Drainage
Improvements Project
District: 1
Recommended Action
Adopt a resolution approving Amendment No. 4 to the professional services agreement with
Dudek, a California corporation, for engineering services of the Park Drive Street and Drainage
Improvements, for an amount not to exceed $82,180. This agreement is part of Capital
Improvement Program Project No. 6611.
Executive Summary
This project will replace a 33-year-old retaining wall along the northeast side of Park Drive
between Bayshore and Cove drives, stabilize the slope behind it, modify the existing drainage
system and improve that section of Park Drive {Exhibit 2). The City Council first authorized
execution of a professional services agreement with Dudek for this project in April 2017 for the
amount of $510,800. The project has since faced multiple design and permitting challenges
because of the site's geologic conditions and location within the coastal zone.
The agreement has been amended three times under the authority of the City Manager,
including two one-year extensions, and is set to expire on April 25, 2022. A third extension
would exceed the City Manager's authority under Carlsbad Municipal Code Section
3.28.040(0)(3), so this amendment requires the City Council approval.
Staff are requesting an amendment to the agreement to:
• Modify the scope of work
• Increase the fee to an amount not to exceed $82,180
• Extend the agreement term for an additional three years, to April 24, 2025
Sufficient funding is available in the project's account to cover the additional cost related to this
amendment.
April 5, 2022 Item #2 Page 1 of 20
Discussion
Project overview
The retaining wall along the northeast side of Park Drive between Bayshore and Marina drives
was built in 1989 and is showing signs of structural stress, which has been exacerbated by the
conditions of the slope that is supported by the wall. Sediment erodes from the slope when it
rains and spills onto the sidewalk below, resulting in temporary closures. City maintenance
crews frequently have to clear debris obstructing the sidewalk to restore pedestrian access.
The project will remove 600 feet of the existing concrete masonry retaining wall and replace it
with a new structure consisting of three different wall types. These wall types will include 303
feet of concrete block wall, 180 feet of soldier pile and lagging wall, 1 and 336 feet of vegetated
stepped planter wall. In addition to the retaining wall replacement, the project will stabilize the
backslope, modify the existing drainage system and provide street improvements on Park Drive,
between Marina Drive and Bayshore Drive.
Project timeline
April 25, 2017-The City Council adopts Resolution No. 2017-064, authorizing
execution of a professional services agreement with Dudek in the amount of
$510,800 to provide engineering services for the project.
April 15. 2019 -The term of the agreement was extended for an additional year,
and the scope of services were amended to include additional subsurface
geotechnical investigations and to revise the alternatives analysis report
previously prepared for the project. These additional services constituted
Amendment No. 1, and fees were not to exceed $49,900.
May 61 2020 -The agreement was amended a seco nd time on to include
additional services for the design of a soldier pile and timber lagging retaining
wall in an amount not to exceed $27,300 with no additional time extension.
April 21, 2021-A third amendment for an amount not to exceed $32,197 added
services for easement mapping, subsurface utility locating, cultural resource
survey, tribal consultation and an additional design submittal for staff review.
Amendment No. 3 also extended the agreement term a second time. The
agreement term will currently expire on April 25, 2022.
Fall 2022 -Staff expect the project's final design to be completed, with
construction beginning in summer 2023 or 2024, depending on when a coastal
development permit for the project is issued by the California Coastal
Commission.
1 Soldier piles and lagging wall refers to a technique in which vertical steel piles are inserted into the ground
around the planned excavation perimeter. Horizontal lagging sheets are then installed behind the piles during
excavation to hold back the soil behind them.
April 5, 2022 Item #2 Page 2 of 20
Environmental permits
The project will require a coastal development permit because it is in the coastal zone and
within the Coastal Commission's jurisdiction. Staff have met extensively with the Coastal
Commission staff to ensure the proposed improvements are consistent with the California
Coastal Act. These conversations influenced the choice of proposed wall types, height and
aesthetics.
Several sensitive wildlife and vegetation species are also present on the site, requiring extensive
review of the project impacts and proposed habitat mitigation area. Discussions with the
Coastal Commission staff resulted in several design changes necessary to fulfill coastal
requirements. These discussions and the changes delayed the project. However, staff now
expect the coordination with the Coastal Commission staff will expedite the permit processing
time currently underway.
The additional services the amendment requires Dudek to provide include ongoing
coordination with Coastal Commission staff, one additional final design submittal, and
additional construction support services, for a total of $82,180.
Community engagement
As part of the project's public outreach, staff circulated the proposed improvements for public
review and comment. In response, community members asked the city to install a new
pedestrian crossing with rectangular rapid flashing beacons on Park Drive at the intersection
with Marina Drive. This improvement will provide controlled pedestrian access between the
multi-family homes on the south side of Park Drive to the on-street parking on the north side of
the street.
The flashing-beacon crossing also improves pedestrian safety and eases access to the Agua
Hedionda Lagoon north shore public entrance at the end of Bayshore Drive. Currently, the only
controlled crosswalk on Park Drive in this area is at the intersection with Neblina Drive, about
450 feet east of Bayshore Drive, which is also supported by a flashing-beacon crossing.
The requested crossing provides a controlled pedestrian crossing on the western approach to
the Agua Hedionda Lagoon north shore public access. Staff had also recommended extending
the bike lanes on Park Drive from Marina Drive eastward to the lagoon's north shore public
access on Bayshore Drive.
Traffic and Mobility Commission recommendation
On Oct. 4, 2021, the Traffic and Mobility Commission voted unanimously 5-0 to support staffs
recommendation to add the traffic calming and mobility elements into the project. The
commission, however, did not support the extension of the bike lane, noting the existing street
layout cannot accommodate a buffer zone between the bike lane and adjacent parkway.
The bike lane extension has since been removed from the improvement plan, and that part of
the street will continue to be a shared lane. The approved minutes of this meeting are provided
in Exhibit 2.
April 5, 2022 Item #2 Page 3 of 20
Options
Staff provide the following options for the City Council's consideration:
1. Approve Amendment No. 4 to the professional services agreement with Dudek for
engineering services of the Park Drive Street and Drainage Improvements, Capital
Improvement Project No. 6611, in an amount not to exceed $82,180, extending the
agreement by three years.
Pros
• Provides additional time and design services needed to successfully complete
the project
• Amendment of the agreement complies with applicable municipal code sections
• The additional scope of services and fees have been negotiated with Dudek
• Sufficient funding is available for the contract
Cons
• None identified
2. Do not approve Amendment No. 4 to the agreement with Dudek for engineering
services of the Park Drive Street and Drainage Improvements.
Pros
• None identified
Cons
• Drainage issues will continue to persist, obstructing access to the sidewalk,
street and nearby city parks
• Potential deterioration of the existing retaining wall structure
• Delay to implementing traffic calming and pedestrian mobility improvements
• Potential increase in construction costs with delay to design completion
Staff recommend Option 1 for the City Council's approval.
Fiscal Analysis
Sufficient funding has been appropriated from Gas Tax and General Capital Constructions
funds. Fiscal impacts for Amendment No. 4 to the agreement with Dudek is shown in the
following table.
Park Drive Street and Drainage Improvements Project
Capital Improvement Project No. 6611
Total appropriation to date $3,652,439
Total expenditures/encumbrances to date $1,024,498
Total available funding $2,627,941
Additional project costs
Amendment No. 4 -Dudek $82,180
Remaining balance $2,545,761
Additional appropriation needed $0
April 5, 2022 Item #2 Page 4 of 20
Next Steps
With the City Council's approval, staff will process Amendment No. 4 to the agreement, and
Dudek will provide engineering services described in the amendment. Staff anticipate that the
design will be completed in summer 2022.
Dudek will continue to coordinate with the California Coastal Commission to obtain the
required permit approval so that construction can begin. Staff anticipate receiving the permit in
late 2022 and returning to the City Council in early 2023 to request approval of the project
plans and specifications and authorization to advertise for construction bids.
Staff expect to return to the City Council for award of the construction contract in summer
2023. Construction is estimated to take approximately 16 months, so the construction project is
expected to be completed in late 2024.
Environmental Evaluation
The preparation of technical studies, construction plans, specifications and cost estimates have
been determined to be exempt from environmental review as noted in California
Environmental Quality Act Guidelines Section 15262.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the posting of the agenda.
Exhibits
1. City Council resolution
2. Location map
3. Minutes of the Oct. 4, 2021, Traffic and Mobility Commission meeting
April 5, 2022 Item #2 Page 5 of 20
RESOLUTION NO. 2022-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH DUDEK, A CALIFORNIA CORPORATION, FOR
ENGINEERING SERVICES OF THE PARK DRIVE STREET AND DRAINAGE
IMPROVEMENTS PROJECT
Exhibit 1
WHEREAS, on April 25, 2017, the City Council adopted Resolution No. 2017-064, authorizing
execution of a professional services agreement with Dudek, or Agreement, in the amount of $510,800
to provide engineering services for the Park Drive Street and Drainage Improvements, Capital
Improvement Program, or CIP, Project No. 6611, or Project; and
WHEREAS, on April 15, 2019, the city entered into Amendment No. 1 to the Agreement to revise
the scope of services for an additional fee of $49,900 and to extend the term of the Agreement by one
year; and
WHEREAS, on May 6, 2020, the city entered into Amendment No. 2 to the Agreement to revise
the scope of services for an additional fee of $27,300; and
WHEREAS, on April 21, 2021, the city entered into Amendment No. 3 to the Agreement to revise
the scope of services for an additional fee of $32,197 and to extend the term of the Agreement by one
year; and
WHEREAS, the term of the original Agreement was effective for a period of three years and
allowed the City Manager to extend the term for two one-year extensions, both of which have been
exercised in previous amendments; and
WHEREAS, the Agreement currently expires on April 25, 2022; and
WHEREAS, to complete the Project, the parties desire to amend the scope of work, increase the
fee in a not-to-exceed amount of $82,180, extend the term of the Agreement for an additional three
years to expire on April 24, 2025; and
WHEREAS, sufficient funding from Gas Tax and Gen eral Capital Construction funds is available
in the Project account for the additional fees associated with Amendment No. 4 to the Agreement; and
WHEREAS, the City Planner has determined that the action to amend the Agreement is exempt
from the California Environmental Quality Act, or CEQA, pursuant to State CEQA Guidelines Sections
15262 -Feasibility and Planning Studies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
l. That the above recitations are true and correct.
2. That Amendment No. 4 to the Agreement for professional engineering services for the
Project, as described in Attachment A, is hereby approved, and the Mayor is hereby
authorized and directed to execute said Amendment.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 5th day of April 2022, by the following vote, to w it :
AYES :
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
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~{ FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
OocuSign Envelope ID: FA6BA7CC-8015-43E3-A0C2-B14FA351C757
AMENDMENT NO. 4 TO THE AGREEMENT FOR PARK DRIVE
STREET AND DRAINAGE IMPROVEMENTS
DUDEK
Attachment A
TRAN1541
This Am~ndment No. 4 is entered into and effective as of the ] ,-'vv day of
-----'---'--l'--L...L......1------' 2022, amending and extending the agreement dated April 26,
2017, (the "A reement") by and between the City of Carlsbad, a municipal corporation, ("City"),
and Dudek, a California corporation, ("Contractor") (collectively, the "Parties") for Park Drive Street
and Drainage Improvements, Project No. 6611.
RECITALS
A. On April 15, 2019, the Parties executed Amendment No. 1 to extend the Agreement
for an additional one (1) year and amend the original Agreement to add additional geotechnical
work and studies: and
B. On May 6, 2020, the Parties executed Amendment No. 2 to amend the original
agreement to add additional design of a soldier pile and lagging retaining wall system; and
C. On April 21 , 2021, the Parties executed Amendment No. 3 to amend the original
agreement to add additional utility locating services, cultural resource study, easement mapping
and to extend the agreement for one (1) additional year.
D. The Parties desire to extend the Agreement for an additional three (3) years period
and to amend the Agreement's original scope of work to include additional services for preparation
of a coastal development permit application and submittal to the California Coastal Commission,
professional engineering services to provide one additional final design submittal, geotechnical
design support services during construction and associated project management services.
E. The Parties have negotiated and agreed to a supplemental scope of work and fee,
which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and
Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total Agreement amount shall not exceed seven hundred two thousand three
hundred seventy-seven dollars ($702,377).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed eighty-two thousand one hundred eighty
dollars ($82,180). Contractor will provide City, on a monthly basis, copies of invoices sufficiently
detailed to include hours performed, hourly rates, and related activities and costs for approval by
City.
3. The Agreement, as may have been amended from time to time, is hereby extended
for a period of three (3) years ending on April 24, 2025.
City Attorney Approved Version 1/30/13
April 5, 2022 Item #2 Page 8 of 20
DocuSign Envelope ID: FA6BA7CC-801 5--43E3-A0C2-B14FA351C757
TRAN1541
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
DUDEK, a California corporation
By:
(sign here)
Joseph Monaco, President
(print name/title)
By:
Amy Paul
(sign here)
Amy M. Paul, Secretary
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By 11t.J1U
Matt Hall, Mayor
ATTEST:
for Faviola Medina,
City Clerk Services Manager
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: __ ~~~---
Assistant City Attorney
April 5, 2022
City Attorney Approved Version 1/30/13
2
Item #2 Page 9 of 20
DocuSign Envelope ID: FA6BA7CC-8015-43E3-A0C2-B14FA351C757
TRAN1541
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
City Attorney Approved Version 1 /30/13
3
April 5, 2022 Item #2 Page 10 of 20
February 2, 2022
605 THIRD STREET
ENCINITAS CALIFORNIA 92024
T i60 942.51-li F 760 632 016J
JN 10182
Park Drive Street and Drainage Improvements (Project No. 6611) -Amendment #4
Task 1.9 Additional Project Management
Provide general project management services including monthly status reports, schedule status and updates,
budget remaining at the task level as part of the invoices through the extended time on the contract (36 months).
Th is task also includes time for up to 4 virtual meetings.
Cost for Task 1.9 .................................................................................................................................................. $10,955
Task 4.5 Permitting
Dudek coastal planners will continue to coordinate with City and California Coastal Commission (CCC) staff
throughout the Coasta l Development Permit (CDP) process. This task assumes the CDP application and subm ittal
letter have been completed and submitted to the CCC for review. Following CCC staff's first 30-day review of the
application submittal, Dudek coastal planners wi ll review any requests for additional project information and
provide recommendations to deem the application complete and prepare for decision-maker hearing. Because the
project involves a conflict between environmental sensitive habitat area (ESHA) and public access policies, this
scope assumes two (2) 30-day CCC incomplete letter/review cycles to thoroughly address potent ial impacts to
coastal resources.
After the CDP application is formally filed, Dudek will coordinate with CCC staff during development of the staff
recommendation. Prior to the public CCC hearing on the CDP application, Dudek will review the final CCC staff
report/recommendation and discuss the findings and special conditions of approval with the City. As needed, Dudek
will support the City in preparing a presentation to address the staff recommendation. In addition, Dudek will attend
the CCC hearing (virtually) and be available to answer questions that come up during the hearing.
Assuming that the CCC approves the CDP and the City is supportive of the special conditions and wants to seek
release of the permit, Dudek will help the City compile all of the materials needed to satisfy the conditions of the
permit. Dudek wi ll coordinate with CCC staff, as necessary, to oversee issuance of the permit. In sum, CDP support
services under this task include the following:
• Preparation of two responses to CCC incomplete letters;
• CCC coordination and review of CCC staff report, including findings and conditions of approval;
• Preparation for and attendance of CCC hearing (virtually) to support City's presentation, if necessary; and
• Compilation of condition compliance materials.
• Includes engineering support for updating the application with revised design changes.
Cost for Task 4.5 .................................................................................................................................................. $25,090
DUDEI<
April 5, 2022
1
Item #2
10182
January 2022
Page 11 of 20
DocuSign Envelope ID: FA6BA7CC-8015-43E3-A0C2-B14FA351C757
Park Drive Street and Drainage Improvements (Project No. 6611) -Amendment #4
Task 5.8 Revised Design
A revised design task has been added to the scope to address the comments on the 100% plans submittal including
the extra work items to add the removal of the curb and gutter along the length of the project. This change will put
the project over the threshold for a Standard Development Plan project and the project will need to meet the City's
Green Street Priority Development Project requirements. A Green Street PDP report will be prepared to document
compliance with the standards updates.
Cost for Task 5.8 .................................................................................................................................................. $34, 739
Task 7 .6 Additional Geotechnical Construction Support
This task adds additional time for review of submittals and RFls and design to the construction team support related
to the geotechnical services due to the complexities of the project.
Cost for Task 7.6 .................................................................................................................................................. $11,396
Amendment 4 Total .............................................................................................................................................. $82,180
DUDEK
April 5, 2022
2
Item #2
10182
January 2022
Page 12 of 20
DocuSlgn Envelope 10: FA6BA7CC-801f>..43E3-AOC2-B1(FA351C757
City of Ca~sbad
Park Ortvt -Amendment 4
OUOEI( FEE ESTIMATE =
Perc.1.,,._.,...,
DudelA!i4~atod
'"' "' .. , ..
P;ut; O,ive • Amendment 4
DUDEK
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2/1/20227:19 AM Item #2 Page 13 of,;m, o11
Exhibit 2 ·
LOCATION MAP
AGUA ~ HEDIONDA
\~ON
NOT 7i SCALE
PROJECT NAME PROJECT EXHIBIT
NUMBER 2 PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS 6611
Exhibit 3
TRAFFIC AND MOBILITY COMMISSION
Monday, Oct. 4, 2021, 4 p.m.
CALL TO ORDER: Chair Perez called the Meeting to order at 4 p.m.
ROLL CALL: Present: Perez, Linke, Penseyres, Fowler and Coelho
PLEDGE OF ALLEGIANCE: Chair Perez led the Pledge of Allegiance.
Virtual Meeting
Council Chambers
1200 Carlsbad Village Drive
Carlsbad, CA 92008
This meeting was conducted virtually via Zoom due to the stay-at-home order for COVID-19.
Motion by Chair Perez, seconded by Vice-Chair Linke to move Item 5 -Discussion on AB 361
Regarding City Council Direction to Continue Virtual Public Meeting and Consideration of Revising
the Traffic and Mobility Commission Start Time to 3 p.m. while Meetings are Being Held in a
Virtual Format to be the first presentation before the Approval of Minutes.
Motion carried: 5/0.
DEPARTMENTAL REPORTS:
This item was heard at the beginning of the meeting.
5. DISCUSSION ON AB 361 REGARDING CITY COUNCIL DIRECTION TO CONTINUE VIRTUAL
PUBLIC MEETINGS AND CONSIDERATION OF REVISING THE T&MC MEETING START TIME TO 3
P.M. WHILE MEETINGS ARE BEING HELD IN A VIRTUAL FORMAT -(Staff Contact: Sheila -
Cobian and Nathan Schmidt, Legislative and Constituent Services Director and Public Works)-
Receive an overview of the provisions of Assembly Bill 361 and continue virtual public
meetings starting at 3 p.m. until City Council direct staff to resume in-person public meetings.
Staffs Recommendation: Receive a presentation and vote on the change of meeting
time.
Legislative and Constituent Services Director Cobian presented the report and reviewed a
PowerPoint presentation (on file in the Office of the City Clerk).
Motion by Vice-chair Linke, seconded by Commissioner Penseyres to change the Traffic and
Mobility Commission meeting time to 3 p.m. while meetings are being held in a virtual format.
Motion carried: 5/0.
APPROVAL OF MINUTES:
Minutes of the Special Meeting held Sept. 7, 2021
Motion by Commissioner Coelho, seconded by Vice-Chair Linke to approve the minutes for the
Sept. 7, 2021, meeting as presented. Motion carried: 5/0.
Page 1 of 6
Public Works
Transportation 1635 Faraday Avenye I Carlsbad, CA 92008 I 760-602-2746 t
April 5, 2022 Item #2 Page 15 of 20
Exhibit 3
CONSENT CALENDAR:
This item was pulled for discussion by Commissioner Penseyres;.
1. PARK DRIVE STREET AND DRAINAGE IMPROVEMENTS PROJECT -Support staff's
recommendation to implement proposed street improvements on Park Drive from Marina
Drive to Bayshore Drive as part of the Park Drive Street and Drainage Improvements
Project, Capital Improvement Program (CIP) Project No. 6611 (Project). (Staff Contact:
Hossein Ajideh and Daniel Zimny)
Commissioner Penseyres wants to discuss the addition of Class II bike lanes for about 600 feet
from Park Drive to Bayshore Drive. The existing bike lanes are too narrow and are in the car
door opening zone. At this location, the street is not wide enough to provide a bike buffer
and the parking lane puts the bicyclist into a place where they are not seen by people coming
out of driveways. He recommends that instead of adding more bike lanes, they do not add
them and add sharrows instead. The other option is to add a buffered bike lane on one side,
move the center line over, and add a sharrow on the other side.
Engineering Manager Ajideh appreciates the good comments. Staff proposed this small bike
lane extension until the road is resurfaced and they can bring forward a more comprehensive
evaluation of the entire area. The focus of this project is drainage.
City Traffic Engineer Kim said that staff can revise the plans and have the new bike lanes
removed. A more strategic approach can be employed when the street is re-surfaced.
Motion by Vice-chair Linke, seconded by Commissioner Penseyres to approve Consent
Calendar Item 1 -Park Drive Street and Drainage Improvements Project, except the addition
of Class II bike lanes for about 600 feet from Park Drive to Bayshore Drive.
Motion carried: 5/0.
DEPARTMENTAL REPORTS:
2. POLICE MONTHLY REPORT-(Staff Contact: Sergeant Scott Merritt, Police Department)
Sergeant Merritt presented the report and reviewed a PowerPoint presentation (on file in the
Office of the City Clerk)
Chair Perez inquired about the traffic circle at El Saito Falls Street at Marron Road, to
understand that segment and how it works.
City Traffic Engineer Kim said that they have been previously notified of concerns from Chair
Perez. Staff will take a look at the traffic circle to see if there is anything, they could do to
clarify how to access the traffic circle, in addition to the present signage, which is shown on
the approved design plans.
Commissioner Penseyres thanked Sergeant Merritt for the presentation and encourages the
city to continue doing positive educational outreach like the breathalyzer test. Sergeant
Page 2 of 6
Public Works
Transportation 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2746 t
April 5, 2022 Item #2 Page 16 of 20
Exhibit 3
Merritt agreed that positive campaigns are good for the community and the Police
Department.
Vice-chair Linke asked about the design of the traffic circle.
City Traffic Engineer Kim said that it is a full concrete curb and gutter traffic circle at Saito
Falls Road and Marron Road.
3. UPDATE ON TRAFFIC CONCERNS AT FARADAY AVENUE AND PALMER WAY -(Staff Contact:
Miriam Jim and John Kim, Public Works)
Staffs Recommendation: Receive a presentation.
Senior Engineer Jim presented the report and reviewed a PowerPoint presentation (on file in
the Office of the City Clerk).
City Traffic Engineer Kim noted that this is a follow up to an item that was brought to the
Traffic and Mobility Commission in April of this year. As requested, staff collected speed data
and reviewed collision data to evaluate the effectiveness of the new signage.
Commissioner Penseyres inquired about waiting until 2024 to complete another survey
because if a roadway is faster than 35 miles per hour you usually don't want to use sharrows
for the bicyclist.
City Traffic Engineer Kim said that the year 2024 is when the speed limit survey will expire per
California Vehicle Code requirements. Otherwise they can do the official speed survey and
speed measurements when they believe conditions have changed.
Vice-chair Linke, believes there is something in the code that if conditions are not readily
apparent to the driver you can move the speed limit five miles below the requirement. The
consultant mentioned that there were some awkward or dangerous movements and left
turns, in addition to the presence of a private driveway that might qualify for doing an official
speed survey.
City Traffic Engineer Kim said based on commissioner comments they will take a closer look
to see if there is an opportunity to consider a reduction in speed.
4. AMEND CARLSBAD MUNICIPAL CODE. TITLE 10.60 SHARED MOBILITY DEVICES AND PROVIDE
FEEDBACK ON THE FUTURE OF SHARED MOBILITY DEVICES IN THE CITY -(Staff Contact: Edd
Alberto and Robby Contreras, Public Works and City Attorney)
Staffs Recommendation: Support staff's recommendation and provide input.
Page 3 of 6
Public Works
Transportation 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2746 t
April 5, 2022 Item #2 Page 17 of 20
Exhibit 3
Associate Engineer Alberto presented the report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
Commissioner Penseyres would like to know if the bicycle renters can sign an agreement to
follow the rules of the road. In particular, it is illegal to ride on any sidewalk.
Assistant City Attorney Contreras said that AB 1286 does not speak to that as a requirement.
We could go above and beyond what the law requires and insert it into the agreement. It
could be a term in the agreement between the city and the provider.
Transportation Planning and Mobility Manager Schmidt stated that the city could develop
materials such as a flyer of pamphlet that shared mobility providers could provide to all
renters that explains the rules of the road and requirements of the California Vehicle Code.
Assistant City Attorney Contreras wanted to clarify that businesses that were here before the
passage of AB 1286 were grandfathered in. As of January 1, 2022, these basic rules, these
minimum requirements for insurance will apply.
Vice-chair Linke agrees that staff should make these changes to meet the deadline. At the
same time, we should start exploring first mile last mile problems that are not being
addressed. We are restricting these devices to be only available at a bike shop and not were
the people actually need it to solve the first mile last mile problem.
Commissioner Fowler inquired why speed limits are not listed in the document.
Assistant City Attorney Contreras said that speed limits are provided in the California Vehicle
Code. If speed limits become a problem, we can always revisit the Ordinance and the
agreement, as this is an evolving area which is why the legislature AB 1286 was painted with
a rather broad brushstroke.
Commissioner Penseyres agrees with Vice-chair Linke that he would really like to see us use
this for the first mile last mile trip. Since this topic came to the City Council, cities have greatly
improved ways to control where the people are allowed to ride, the speed, and parking via
geofencing. If the bike is not returned to the appropriate place, the meter via the credit card
charge, keeps running. We need to take a better look at being able to use these for the first
mile last mile trip which could result in an improved more effective TOM and reduction in
greenhouse gases. The type of runaway and sidewalk clutter problems that happened in San
Diego, do not exist anymore to the same extent.
Chair Perez asked about other golf cart esq services, different types of shared mobility, and
how that is addressed.
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April 5, 2022 Item #2 Page 18 of 20
Exhibit 3
Assistant City Attorney Contreras said that AB 1286 specifically states the cities make the
rules for operations, parking and maintenance. There is one business Pedego that has been
here and will be grandfathered in. A potential new business Cactus E-bikes is working with
the city to qualify for a business license and align with Carlsbad Municipal Code, Title 10.60.
All businesses, even the ones grandfathered in will need to provide the same minimum
insurance requirements and follow the rules of the road for operations, parking and
maintenance. Staff will research what the City of San Diego is doing for the golf cart esq
services offered by Pedego in La Jolla.
Vice-chair Linke added the Neighborhood Electric Vehicles or NEV's under the California
Vehicle Code can't be on streets with speed limits higher than 25 miles per hour. Because of
the width of the NEV, they can't fit in the bike lane, and are usually on their own dedicated
street network.
Motion by Vice-chair Linke, seconded by Commissioner Penseyres to support staff's
recommendation to City Council to amend Carlsbad Municipal Code, Title 10.60 Shared
Mobility Devices, and provide feedback on the future of shared mobility devices in the city
and include two more recommendations: 1) Create a Fact Sheet with safety rules for the
vendors to provide to renters as they use the shared mobility devices, and 2) Explore making
shared mobility devices available on public property eliminating public transit's first mile/last
mile problem. Motion carried: 5/0.
This item was heard at the beginning of the meeting.
5. DISCUSSION ON AB 361 REGARDING CITY COUNCIL DIRECTION TO CONTINUE VIRTUAL
PUBLIC MEETINGS AND CONSIDERATION OF REVISING THE T&MC MEETING START TIME TO
3 P.M. WHILE MEETINGS ARE BEING HELD IN A VIRTUAL FORMAT -(Staff Contact: Sheila
Cobian and Nathan Schmidt, Legislative and Constituent Services Director and Public Works)-
Receive an overview of the provisions of Assembly Bill 361 and continue virtual public
meetings starting at 3 p.m. until City Council direct staff to resume in-person public meetings.
Staffs Recommendation: Receive a presentation and vote on the change of meeting
time.
CITY TRAFFIC ENGINEER COMMENTS:
6. CITY TRAFFIC ENGINEER REPORT:(Staff Contact: John Kim, Public Works)
Staffs Recommendation: Receive a report and provide input.
City Traffic Engineer Kim notified the commissioners that the new street network in the
vicinity of the aforementioned El Saito Falls Street traffic circle has been recently accepted by
the city and that previously reported concerns of illegal parking in the bike lanes can now be
enforced by the Police Department.
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April 5, 2022 Item #2 Page 19 of 20
Exhibit 3
TRAFFIC AND MOBILITY COMMISSION COMMENTS:
Vice-chair Linke inquired about the timing for reviewing items on the work plan and would like
more lead time to prepare for upcoming topics.
Transportation Planning and Mobility Manager Schmidt said that the Vehicle Miles Traveled
Analysis Guidelines is on the December Agenda. The Multi-Model Level of Service point system
is with an ad-hock committee. Staff will add that to the November Agenda.
ADJOURNMENT:
Chair Perez adjourned the Traffic and Mobility Commission Meeting on Oct. 4, 2021, at 6:04
p.m.
Eliane Paiva, Minutes Clerk
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April 5, 2022 Item #2 Page 20 of 20
Approval of Amendment No. 4 to
Agreement with Dudek for Engineering
Design Services of the Park Drive Street
and Drainage Improvements
Scott Lyle, Senior Engineer
Hossein Ajideh, Engineering Manager
Public Works
April 5, 2022
TODAY’S PRESENTATION
•Recommended Action
•Project Background
•Project Location
•Proposed Improvements
•Fiscal Analysis
•Next Steps
ITEM 2: Park Drive Amendment No.4
RECOMMENDED ACTION
Adopt a resolution approving Amendment No. 4 to the professional
services agreement with Dudek for engineering design services of
the Park Drive Street and Drainage Improvements, Capital
Improvement Program Project No. 6611, for an amount not to
exceed $82,180.
ITEM 2: Park Drive Amendment No.4
•April 25, 2017, City Council approved an agreement with Dudek
•Three amendments since award including two one-year extensions
•Agreement will currently expire on April 25, 2022
•All allowable time extensions provided by original agreement have been
exhausted
•Amendment No. 4 will
•modify scope of work
•increase fee to $82,180
•extend agreement term for additional three years
•X
ITEM 2: Park Drive Amendment No.4
PROJECT BACKGROUND
•Multiple design challenges:
Located within California Coastal Commission's coastal zone
Geologic conditions
Groundwater
Park Drive fire
Public request for additional traffic/pedestrian safety improvements
•X
ITEM 2: Park Drive Amendment No.4
PROJECT BACKGROUND
•Park Drive near Marina Drive
ITEM 2: Park Drive Amendment No.4
PROJECT LOCATION
•Replacement of an existing retaining wall along Park Dr
•Slope stabilization
•Drainage improvements
•Pedestrian mobility and safety improvements
•Construction anticipated for summer 2023 or 2024
ITEM 2: Park Drive Amendment No.4
PROPOSED IMPROVEMENTS
•Sufficient funding appropriated from Gas Tax and General
Capital Construction funds to fund the amendment and
complete design phase of the project
ITEM 2: Park Drive Amendment No.4
FISCAL ANALYSIS
•Complete final design in summer 2022
•Coastal Development Permit expected in late 2022
•Approval of construction documents and authorization to
advertise for bids in early 2023
•Award of construction contract in summer 2023
•Construction estimated to take approximately 16 months,
expected to be completed in late 2024
ITEM 2: Park Drive Amendment No.4
NEXT STEPS
RECOMMENDED ACTION
Adopt a resolution approving Amendment No. 4 to the professional
services agreement with Dudek for engineering design services of
the Park Drive Street and Drainage Improvements, Capital
Improvement Program Project No. 6611, for an amount not to
exceed $82,180
ITEM 2: Park Drive Amendment No.4
ITEM 2: Park Drive Amendment No.4
THANK YOU