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Home My WebLink About2020-10-16; City Schools Committee; AgendasCERTIFICATE OF POSTING I do hereby certify that a copy of the foregoing was posted at the entrance Iu2.e Coun "I Chamber at • 1. wu (City of Carlsbad Carlsbad fied Scgcr! k Date Signature PUBLIC MEETING OF REPRESENTATIVES OF THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT Oct. 16, 2020 — 2:00 pm City of Carlsbad - City Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 AGENDA Call to Order Public Comment on Agenda Item You can participate in the meeting by e-mailing your comments to lason.haber@carlsbadca.qoy by 2 p.m. Your comment will be transmitted to the meeting participants at the start of the agenda item. If you desire to have your comment read into the record at the meeting, please indicate so in the first line of your e-mail and limit your e-mail to 500 words or less. 1. School Construction Projects and Local Compliance Requirements Adjournment • Per State of California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding public meetings electronically or by teleconferencing. • All public meetings will comply with public noticing requirements in the Brown Act and wi//be made accessible electronically to all members of the public seeking to observe and address the meeting. • This meeting can be watched via livestream on the city website at www.carlsbadca.gov. • You can participate in the meeting by e-mailing your comments to lason.haber@carlsbadca.qov by 2 p.m.. Your comment will be transmitted to the meeting participants at the start of the agenda item. • If you desire to have your comment read into the record at the meeting, please indicate so in the first line of your e-mail and limit your e-mail to 500 words or less. Reasonable Accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as required by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City of Carlsbad City Manager's Office at 760-434-2800 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the day before the meeting to make arrangements. Sheila Cobian Subject: FW: Oct 16 Meeting From: robbinlynn3@gmail.com <robbinlynn3@gmail.com > Sent: Monday, October 19, 2020 3:37 PM To: cionesPcarlsbadusd.net; vwilliams@carlsbadusd.net Cc: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Oct 16 Meeting Dear Ms Jones and Ms. Williams I just had the opportunity to watch the video replay from the meeting on October 16. As a local resident adjacent to Kelly, without school aged children, I do appreciate that you are working to put into place a system to address communication with ALL residents surrounding the school, not just the parents with children in attendance. I submit that posting information to the respective web sites is not enough. I would very much like to see proactive communication in the form of mailers or door hangars, especially to those homes along the edges of the school —which also includes the homes west of Kelly (where I live). What I humbly request is a schedule (understanding that it is subject to change, of course) showing what is coming next, approximate noise levels to expect and planned duration i.e. 1-2 weeks or 3-4 days, etc. I also appreciate that you are counseling the contractors about the start/end times and the need to respect the surrounding community. We respect that they are working to get the job done efficiently and on budget. But I fear your counseling has fallen on deaf ears. Today, for example, the trucks started moving into position at 6:20am. So the issue of them actually following the city code is, unfortunately, not rectified. As a taxpayer, I find it startling to see that CUSD has historically paid excessive fines, using up money that could be better spent on the schools, the teachers needs and the children. As a 28 year resident of Carlsbad, I have grave concerns over the lack of respect for the potential hazards this project may be creating within our immediate community and throughout the city/county. Thank you for meeting and addressing the community concerns within this bigger meeting. The lingering questions I have after watching the meeting are: 1. What exactly is at stake with the water quality issue with respect to the work that was done, the dirt piled up and the pad on which the new building will be erected? 2. Where is the dirt that is being speedily hauled away today (even as I type this) being deposited? 3. How exactly will contractors be held accountable for not abiding by city code? I stress again, fining them doesn't fix the problem, if they persist with bad behavior. 4. How can I help as a resident to perhaps be a liaison to the community to proactively communicate "what's next"? Please feel free to reach me here or call me at 1. Carlsbad Unified School District Measure HH Construction Project Update CUSD/City Schools Committee Meeting October 16, 2020 1 2 DISTRICT BOND PROGRAM GOALS Carlsbad Unified School District • Provide the safest, most secure, and best possible school facilities for 21st Century Learning • Maximize Measure HH Bond dollars to construct the best possible school facilities improvements for the benefit of students, staff, community and taxpayers • Comply with all applicable laws necessary to achieve these goals, including but not limited to, all applicable stormwater management requirements District Regulatory Framework • California law generally exempts school districts from local regulation of on-site work on building, repairing, modernizing school facilities and grounds as such work is subject to DSA review and approval (Gov't Code 53094) • District must design to and submit plans and specifications to DSA standard including payment of fees to DSA for plan review, etc. (Typically Requires long lead time) Prop P and Measure HH Comparison Cans ac Unified School District • Sage Creek High School (SCHS) O This project was constructed approximately 10 years ago under the direction of a different Board of Trustees and a different Bond Program Manager. O We understand that SCHS had some construction issues resulting in challenges between the parties. • Measure HH Bond Program modernizes existing campuses O Renovations of existing campuses with some new buildings o We all agree that a reasonable, collaborative and proactive approach is needed. 4 Current Project Status Kelly ES — Project meeting w/City on 10/2/20 • District committed to obtain grading permit before permanent construction commences • District committed to comply with all applicable stormwater BMP's for current soils remediation/stabilization work and take liability for any violation • District committed to provide City all necessary documentation of stormwater compliance for all portions of the Project Current Project Status (Kelly ES cont.) Carlsbac Uned School District • District met with RWQCB staff and conducted site inspection on 10/8/20 • Soils remediation work complete as of 10/9/2020 • Surplus soils export began 10/16/20 • Building footprint will be stabilized and earthwork suspended upon completion of soils stockpile export. Will only resume upon receipt of Grading Permit • Grading Permit application being prepared, anticipate submittal to City in November, 2020 6 og) ert14, Current Project Status Carlsbad Unified School District Hope ES • District committed to obtain grading permit • Additional geotechnical reports have been prepared • Additional hydrology study has been performed • Grading Permit application being prepared, anticipate submittal to City in November FUTURE COLLABORATION 9ar fiedsIsypd rict • District remains committed to ensuring construction complies with all applicable stormwater requirements • District has committed to work with City to obtain required permits and approvals • District desires to collaborate with City and RWQCB to streamline process to avoid duplicative costs/fees and delays while assuring City no liability/costs for stormwater issues • District desires to collaborate with City to facilitate effective communication with residents School Construction Projects and Local Compliance Marissa Kawecki, Deputy City Attorney Jeff Murphy, Director of Community Development October 16, 2020 City of Carlsbad Legal Framework State Laws • School Districts must consider both state and local laws in school construction projects • Ed. Code §17280(a)(1)—state authority over design and construction of school structures • Gov. Code §53097—local authority over drainage improvements and conditions, road conditions, grading CCity of Carlsbad Legal Framework Local Laws • CMC §15.16.050: "...no person shall do. . .any grading, including clearing and grubbing of vegetation, without first having obtained a grading permit." • CMC §15.16.050: Unlawful acts (grading and erosion control) • CMC §15.12.080(E): Reduction of pollutants (storm water) • CMC §6.16.010: Public nuisance (City of Carlsbad pg SD Regional Water Quality Control Board • A sub-entity of the State Water Resources Control Board; regulates discharges into stormwater systems (MS4s) under a regional permit • Carlsbad is one of 39 co-permittees that owns and operates large MS4s that is subject to the ional permit C.6ty of Carlsbad City's MS4 Permit Obligations • The city is obligated to keep the MS4 system free of pollutants or other illegal discharges • Noncompliance=violation of the Clean Water Act and grounds for enforcement action, including substantial fines and permit termination/revocation City of Carlsbad CUSD Construction Project History Sage Creek litigation (2009) -City challenged validity of EIR in admin proceedings, followed by a CEQA suit -CUSD prepared a revised EIR with new traffic study and wetlands delineation; revealed traffic im acts without mitigation FMCWININEth (City of Carlsbad CUSD Construction Project History Sage Creek litigation (2009) -Settlement required CUSD to pay city to satisfy traffic impact mitigation requirements: -El Camino/Cannon mitigation: $302K -El Camino/College mitigation: $350K or less -Cannon/College traffic signal: Up to $150K -Other compensations of unspecified value (City of Carlsbad CUSD Construction Project History • In the past, CUSD generally sought grading permits for grading activity • Stormwater management/construction BMPs not consistently compliant • Recent projects non-compliant: Kelly ES, Hope ES, Magnolia ES — Grading and/or stormwater/BMP violations — Timeline of communication between city and CUSD City of Carlsbad Kelly Elementary Project Status • Phase 1: Soil Remediation completed (as of inspection on 10/13/20) • Still must haul away massive dirt piles. City consulted with Regional Board and re-issued haul permit for limited period to haul away dirt asap to avoid potential unlawful discharges during any future rain event • Continuing and outstanding local grading and • water violations City of Carlsbad Magnolia Elementary Project Status • Several stormwater management violations: ; enforcement by city and/or Regional Board • Scope of work—local permits not required at this point; city will continue to monitor site • Referred violations to state agencies for possible enforcement action City of Carlsbad Hope Elementary Project Status • Grading violations; stop work order issued July 30, 2020; grading work currently stopped but city monitoring for compliance • Several stormwater violations; warning issued: • • Claty of Carlsbad .a• Construction begins Summer 2020 HOARD OF TRUrsTEES 60041 A}Pfe.41.• 1, N .6.:.41111,11/ Other CUSD Projects/ Compliance Issues • Carlsbad HS, Poinsetta ES, Pacific Rim ES • Sage Creek BMPs City of Carlsbad Enforcement Actions and Options • Administrative citations: — School District: $13,900 in penalties to date — Construction Supervisor: $16,900 in penalties to date • Regional Board letter: • Civil lawsuit/injunction to stop work • Criminal charges • _eossible state or regional agency enforcement as warranted (City of Carlsbad Lack of Compliance Harms City and CUSD CUSD CITY State/Regional Water Board liability for M54 non- compliance Regional Board liability for MS4 non-compliance Stop work order-)Project delays-) Increased project Stop work order-) Project delays—*Community costs and community impacts Additional cost and time to fix issues that might have been vetted in the permit application process Daily financial penalties accumulate quickly impacts Lack of grading permit application-Difficult for city to understand scope of work and vet potential issues early in construction Enforcement unnecessarily burdens staff who can instead help to expedite permit applications and maintain compliance Litigation and attorneys fees-) Cost to taxpayers Litigation and attorneys fees-) Cost to taxpayers Conclusion • School Districts must consider both state and local laws in school construction projects or can incur significant costs, delays and liabilities • City has significant MS4 permit obligations to consider with all construction projects (among other legal and community impacts) • City is here to help; will expedite approvals to extent practical but must uniformly enforce our municipal code and follow permit procedures (City of Carlsbad