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HomeMy WebLinkAbout2024-10-29; City Council; Agendas (4) The City Council also sits as the Carlsbad Municipal Water District Board, Public Financing Authority Board, Community Development Commission and Successor Agency to the Redevelopment Agency. When considering items presented to the Carlsbad Municipal Water District Board, each member receives an additional $100 per meeting (max $300/month). When considering items presented to the Community Development Commission each member receives an additional $75 per meeting (max $150/month). Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Welcome to Your City Council Meeting We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures. How to Watch In Person On TV Online City Council Chamber 1200 Carlsbad Village Drive Watch the city’s cable channel Spectrum 24 and AT&T U-verse 99 Watch the livestream at carlsbadca.gov/watch How to Participate If you would like to provide comments to the City Council, please: • Fill out a speaker request form, located in the foyer. • Submit the form to the City Clerk before the item begins. • When it’s your turn, the City Clerk will call your name and invite you to the podium. • For non-agenda public comment, speakers must confine their remarks to matters within the City Council’s subject matter jurisdiction. • For public comment on agenda items, speakers must confine their remarks to the question or matter under consideration. • Speakers have three minutes, unless the presiding officer (usually the Mayor) changes that time. • You may not give your time to another person, but can create a group. A group must select a single speaker as long as three other members of your group are present. All forms must be submitted to the City Clerk before the item begins and will only be accepted for items listed on the agenda (not for general public comment at the beginning of the meeting). Group representatives have 10 minutes unless that time is changed by the presiding officer or the City Council. • Failure to comply with the rules for public participation is disruptive conduct. Continuing disruptive conduct after being asked by the presiding official to cease may result in removal from the meeting. Reasonable Accommodations 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 Manager’s Office at 442-339-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Monday before the meeting to make arrangements. City staff will respond to requests by noon on Tuesday, the day of the meeting, and will seek to resolve requests before the start of the meeting in order to maximize accessibility. More information about City Council meeting procedures can be found at the end of this agenda and in the Carlsbad Municipal Code chapter 1.20. Oct. 29, 2024, 5 p.m. Oct. 29, 2024 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder. Absent: Luna. ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the Carlsbad City Council, the Carlsbad Municipal Water District Board of Directors, the Public Financing Authority, the Community Development Commission and City Council as Successor Agency to the Redevelopment Agency on Consent Calendar Item No. 2 and as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 8 as well as on Ordinance for Introduction Item No. 9. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bhat-Patel led the Pledge of Allegiance. APPROVAL OF: Minutes of the Regular Meeting held Sept. 10, 2024 Minutes of the Regular Meeting held Sept. 24, 2024 Minutes of the Special Meeting held Oct. 15, 2024 ACTION: Minutes were approved as presented – 4/0/1 (Luna – Absent). PRESENTATIONS: Retirement Proclamation in Recognition of Communications Manager Matt Pinell. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon announced there were closed sessions held at 12 p.m. and 3:30 p.m., there was no reportable action from either closed session. PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the agenda, provided remarks are confined to matters within the City Council’s subject matter jurisdiction. Please treat others with courtesy, civility, and respect. Members of the public may participate in the meeting by submitting comments as provided on the front page of this agenda. The City Council will receive comments as requested up to a total of 15 minutes in the beginning of the meeting. All other non-agenda public comments will be heard at the end of the meeting. In conformance with the Brown Act, no action can occur on these items. CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed below. There will be no separate discussion on these items prior to the time the Council votes on the motion unless members of the Council, the City Manager, or the public request specific items be discussed and/or removed from the Consent Calendar for separate action. 1. DECLARE EXCESS FUNDS IN THE RANCHO SANTA FE ROAD PROJECT FUND AND AUTHORIZE A FINAL REFUND OF EXCESS FEES TO FAIRE-SHARE AGREEMENT HOLDERS – Adoption of a resolution declaring excess cash in the Rancho Santa Fe Road Project Fund and authorizing a final refund of excess fees to all fair-share agreement holders. (Staff contact: Roxanne Muhlmeister, Administrative Services) ACTION: This item was returned to staff to be placed on a future agenda. 2. 2024 CONFLICT OF INTEREST UPDATE – 1) Adoption of a resolution amending the Conflict of Interest Code of the City of Carlsbad; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution amending the Conflict Oct. 29, 2024 Page 3 of Interest Code of the District; and 3) Adoption of a Community Development Commission resolution amending the Conflict of Interest Code of the Commission; and 4) Adoption of a Public Financing Authority resolution amending the Conflict of Interest Code of the Authority; and 5) Adoption of a City Council as Successor Agency to the redevelopment agency resolution amending the Conflict of Interest Code of the Agency. (Staff contact: Faviola Medina, City Clerk and Anayeli Zavala, City Attorney) ACTION: Adopted Resolution No. 2024-237; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1749; and Adopted Community Development Commission Resolution No. 569; and Adopted Public Financing Authority Resolution No. 99; and Adopted Resolution No. 2024-238 – 4/0/1 (Luna – Absent). 3. AGREEMENT WITH EMERGENCY VEHICLES SYSTEMS, LLC FOR POLICE VEHICLE OUTFITTING SERVICES AND ADDITIONAL APPROPRIATION – Adoption of a resolution approving a three-year agreement with Emergency Vehicle Systems, LLC for police vehicle outfitting in an amount not to exceed $457,105 per agreement year and approving an appropriation of $25,400 from the Fleet Vehicle Replacement Fund to the Fleet Division fiscal year 2024-25 operating budget for outfitting five police vehicles approved for replacement in fiscal year 2023-24. (Staff contact: Bradley Northup, Public Works) ACTION: Adopted Resolution No. 2024-239 – 4/0/1 (Luna – Absent). 4. UPDATED AMOUNT OF CONSTRUCTION CONTRACT FOR THE EL CAMINO REAL WIDENING FROM SUNNY CREEK ROAD TO JACKSPAR DRIVE PROJECT, CIP PROJECT NO. 6094 – Adoption of a resolution awarding a construction contract to Dick Miller, Inc. for the El Camino Real Widening from Sunny Creek Road to Jackspar Drive Project in an updated amount not to exceed $3,993,598 and authorizing an additional appropriation of $116,050 from gas tax funds to Capital Improvement Program Project No. 6094. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works) ACTION: Adopted Resolution No. 2024-240 – 4/0/1 (Luna – Absent). 5. PROOF OF DESIGNATION FORM FOR COLLECTION OF ELECTRONIC WASTE IN CARLSBAD – Adoption of a resolution authorizing execution and submittal of a Proof of Designation Form 184 letter to the California Department of Resources Recycling and Recovery to designate Allied Waste Systems, Inc., dba Republic Services of San Diego, or its subcontractor, E Recycling of CA – SFS, as an approved collector of electronic waste for the City of Carlsbad. (Staff contact: James Wood, Public Works) ACTION: Adopted Resolution No. 2024-241 – 4/0/1 (Luna – Absent). 6. AGREEMENT WITH ADAPTASPACE INC. TO PROVIDE FURNITURE CONSOLES FOR THE EMERGENCY OPERATIONS CENTER, CIP PROJECT NO. 4715 – Adoption of a resolution authorizing an agreement with Adaptaspace Inc. in an amount not to exceed $356,911 to provide furniture consoles for the Emergency Operations Center as part of the Police and Fire Headquarters Renovation Project, Capital Improvement Program Project No. 4715. (Staff contact: Steven Stewart, Public Works) ACTION: Adopted Resolution No. 2024-242 – 4/0/1 (Luna – Absent). 7. CALIFORNIA ENERGY COMMISSION GRANT FOR THE STATE STREET PARKING LOT ELECTRIC VEHICLE Oct. 29, 2024 Page 4 CHARGING STATIONS PROJECT AND ADDITIONAL APPROPRIATION, CIP PROJECT NO. 4090 – Adoption of a resolution authorizing the City Manager or designee to accept a grant of $350,000 from the California Energy Commission for the installation of electric vehicle charging stations at the State Street Parking Lot and authorizing an appropriation of $150,000 from the Public Facilities Fees Fund to Capital Improvement Program Project No. 4090. (Staff contact: Shawn Gaskari, Public Works) ACTION: Adopted Resolution No. 2024-243 – 4/0/1 (Luna – Absent). 8. AWARD OF CONTRACT TO CREATIVE HOME DBA CHI CONSTRUCTION, INC. FOR CONSTRUCTION OF THE VALVE REPLACEMENT PHASE III, CIP PROJECT NO. 5019-F – Adoption of a Carlsbad Municipal Water District Board of Directors resolution accepting bids and awarding a contract to Creative Home dba CHI Construction, Inc. for construction of the Valve Replacement Phase III Project in an amount not to exceed $3,823,800 and appropriating $562,000 from the Water Replacement Fund to Capital Improvement Program Project No. 5019-F. (Staff contact: Timothy Smith and Stephanie Harrison, Public Works) ACTION: Adopted Resolution No. 1750 – 4/0/1 (Luna – Absent). BOARD AND COMMISSION MEMBER APPOINTMENTS: None. ORDINANCES FOR INTRODUCTION: 9. REPEAL AND REPLACE TITLE 1 – GENERAL PROVISIONS OF THE CARLSBAD MUNICIPAL WATER DISTRICT CODE – Introduction of an ordinance of the Carlsbad Municipal Water District Board of Directors repealing and replacing Title 1 of the Carlsbad Municipal Water District Code. (Staff contact: Shoshana Aguilar, Public Works and Gina Herrera, City Attorney) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Carlsbad Municipal Water District Ordinance No. 50, repealing and replacing Title 1 of the Carlsbad Municipal Water District Code – 4/0/1 (Luna – Absent). ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: 10. AMEND CARLSBAD MUNICIPAL CODE SECTIONS 18.21.030 (GREEN BUILDING STANDARDS CODE – SITE DEVELOPMENT) AND 18.04.055 (BUILDING CODE – BOARD OF APPEALS) WITH FINDINGS OF FACT SUPPORTING CALIFORNIA BUILDING STANDARDS CODE AMENDMENTS (MCA 2024-2003) – 1) Hold a public hearing; and 2) Adoption of Ordinance No. CS-476, amending Carlsbad Municipal Code Sections 18.21.030 (Green Building Standards Code – Site Development) and 18.04.055 (Building Code – Board of Appeals) with findings of fact supporting California Building Standards Code Amendments. (Staff contact: Mike Strong, Community Services) City Manager’s Recommendation: Take public input, close the public hearing and adopt Ordinance No. CS-476. ACTION: Adopted Ordinance No. CS-476 – 4/0/1 (Luna – Absent). Oct. 29, 2024 Page 5 11. APPEAL FILED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS OF THE CITY ENGINEER’S DECISION TO DENY AN EXCEPTION TO THE CONSTRUCTION HOUR LIMITATIONS IN CARLSBAD MUNICIPAL CODE SECTION 8.48.10 FOR THE BATIQUITOS LAGOON DOUBLE TRACK PROJECT – 1) Hold a public hearing; and 2) Adoption of a resolution denying the appeal filed by the San Diego Association of Governments and affirming the City Engineer’s decision to deny an exception to the construction hour limitations in Carlsbad Municipal Code Section 8.48.10 for the Batiquitos Lagoon Double Track Project. (Staff contact: Tom Frank, Public Works and Gina Herrera, City Attorney) City Manager’s Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: SANDAG Director of Engineering and Construction David Cortez requested that the item be moved to a later date – 4/0/1 (Luna - Absent). DEPARTMENTAL AND CITY MANAGER REPORTS: None. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: This portion of the agenda is for the City Council Members to make brief announcements, brief reports of their activities and requests for future agenda items. City Council Regional Assignments (Revised 12/12/23) Keith Blackburn Mayor Buena Vista Lagoon JPC Chamber of Commerce Liaison (alternate) Encina Joint Powers JAC Encina Wastewater Authority Board of Directors Economic Development Subcommittee SANDAG Board of Directors (2nd alternate) SANDAG Shoreline Preservation Work Group (alternate) Priya Bhat-Patel Mayor Pro Tem – District 3 City/School Committee Clean Energy Alliance JPA Economic Development Subcommittee League of California Cities – SD Division (alternate) North County Transit District SANDAG Board of Directors (1st alternate) Melanie Burkholder Council Member – District 1 City Council Legislative Subcommittee North County Dispatch Joint Powers Authority (alternate) SANDAG Board of Directors Teresa Acosta Council Member – District 4 Chamber of Commerce Liaison City Council Legislative Subcommittee City/School Committee Clean Energy Alliance JPA (alternate) Encina Joint Powers JAC (alternate) Encina Wastewater Authority Board of Directors (alternate) League of California Cities – SD Division North County Dispatch Joint Powers Authority San Diego County Water Authority Carolyn Luna Council Member – District 2 Buena Vista Lagoon JPC Encina Joint Powers JAC Oct. 29, 2024 Page 6 Encina Wastewater Authority Board of Directors North County Transit District (alternate) SANDAG Shoreline Preservation Work Group PUBLIC COMMENT: Continuation of the Public Comments This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section. In conformance with the Brown Act, no Council action can occur on these items. ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in. CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: CITY CLERK COMMENTS: ADJOURNMENT: 5:28 p.m. City Council Meeting Procedures (continued from page 1) Written Materials Written materials related to the agenda that are submitted to the City Council after the agenda packet has been published will be available for review prior to the meeting during normal business hours at the City Clerk’s office, 1200 Carlsbad Village Drive and on the city website. To review these materials during the meeting, please see the City Clerk. Visual Materials Visual materials, such as pictures, charts, maps or slides, are allowed for comments on agenda items, not general public comment. Please contact the City Manager’s Office at 442-339-2820 or manager@carlsbadca.gov to make arrangements in advance. All materials must be received by the City Manager’s Office no later than noon the day before the meeting. The time spent presenting visual materials is included in the maximum time limit provided to speakers. All materials exhibited to the City Council during the meeting are part of the public record. Please note that video presentations are not allowed. Decorum All participants are expected to conduct themselves with mutual respect. Loud, boisterous and unruly behavior can interfere with the ability of the City Council to conduct the people’s business. That’s why it is illegal to disrupt a City Council meeting. Following a warning from the presiding officer, those engaging in disruptive behavior are subject to law enforcement action. City Council Agenda The City Council follows a regular order of business that is specified in the Carlsbad Municipal Code. The City Council may only make decisions about topics listed on the agenda. Presentations The City Council often recognizes individuals and groups for achievements and contributions to the community. Well-wishers often fill the chamber during presentations to show their support and perhaps get a photo. If you don’t see an open seat when you arrive, there will likely be one once the presentations are over. Consent Items Consent items are considered routine and may be enacted together by one motion and vote. Any City Council member may remove or “pull” an item from the “consent calendar” for a separate vote. Members of the public may pull an item from the consent calendar by requesting to speak about that item. A speaker request form must be submitted to the clerk prior to the start of the consent portion of the agenda. Public Comment Members of the public may speak on any city related item that does not appear on the agenda, provided remarks are confined to matters within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking action on items Oct. 29, 2024 Page 7 not listed on the agenda. Comments requiring follow up will be referred to staff and, if appropriate, considered at a future City Council meeting. Members of the public are also welcome to provide comments on agenda items during the portions of the meeting when those items are being discussed, provided remarks are confined to the question or matter under consideration. In both cases, a request to speak form must be submitted to the clerk in advance of that portion of the meeting beginning. Public Hearing Certain actions by the City Council require a “public hearing,” which is a time within the regular meeting that has been set aside and noticed according to different rules. Departmental Reports This part of the agenda is for items that are not considered routine and do not require a public hearing. These items are usually presented to the City Council by city staff and can be informational in nature or require action. The staff report about each item indicates the purpose of the item and whether or not action is requested. Other Reports At the end of each meeting, City Council members and the City Manager, City Attorney and City Clerk are given an opportunity to share information. This usually includes reports about recent meetings, regional issues, and recent or upcoming meetings and events. City Council Actions Resolution A resolution is an official statement of City Council policy that directs administrative or legal action or embodies a public City Council statement. A resolution may be introduced and adopted at the same meeting. Once adopted, it remains City Council policy until changed by subsequent City Council resolution. Ordinance Ordinances are city laws contained in the Carlsbad Municipal Code. Enacting a new city law or changing an existing one is a two-step process. First, the ordinance is “introduced” by city staff to the City Council. If the City Council votes in favor of the introduction, the ordinance will be placed on a subsequent City Council meeting agenda for “adoption.” If the City Council votes to adopt the ordinance, it will usually go into effect 30 days later. Motion A motion is used to propose City Council direction related to an item on the agenda. Any City Council member may make a motion. A motion must receive a “second” from another City Council member to be eligible for a City Council Vote.