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HomeMy WebLinkAbout2023-04-18; City Council; Agendas (2) 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. • 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. 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. April 18, 2023, 5 p.m. CITY COUNCIL ~Agenda - Spectrum 24 AT&T U-verse 99 April 18, 2023 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 8. PLEDGE OF ALLEGIANCE: Council Member Burkholder led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in recognition of Municipal Clerks Week Proclamation in recognition of Green Business Program PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action. PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the agenda. 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. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. AGREEMENT WITH WOODSIDE 05S, LP TO PAY THE LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL PROJECT’S FAIR SHARE COST OF IMPROVEMENTS TO RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD – Adoption of a resolution approving an agreement between the City of Carlsbad and Woodside 05S, LP to pay the fair share cost of improvements to Rancho Santa Fe Road and Olivenhain Road for the La Costa Town Square Parcel 3 Residential Project (CT 2017-0003). (Staff contact: Roxanne Muhlmeister, Administrative Services Department) ACTION: Adopted Resolution No. 2023-109 – 5/0. 2. SETTLEMENT OF WORKERS' COMPENSATION CLAIMS OF GANNON MASZK – Adoption of a resolution authorizing settlement of the Workers’ Compensation claims of Gannon Maszk in the amount of $223,966. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2023-110 – 5/0. 3. SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF GREGORY WHITE – Adoption of a resolution authorizing settlement of the Workers’ Compensation claim of Gregory White in the amount of April 18, 2023 Page 3 $60,320. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2023-111 – 5/0. 4. SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF ALEXANDER SHANER – Adoption of a resolution authorizing settlement of the Workers’ Compensation claim of Alexander Shaner in the amount of $218,442. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2023-112 – 5/0. 5. BUDGET AMENDMENT AND FUNDING TRANSFER FOR REPAIRS AT THE TYLER COURT SENIOR APARTMENT COMPLEX – Adoption of a resolution authorizing a budget amendment for necessary repairs at the Tyler Court Senior Apartments and a transfer of $500,000 in funds from the Community Development Block Grant Special Revenue Fund to the Tyler Court Apartment Fund. (Staff contact: Mandy Mills, Community Services Department) ACTION: Adopted Resolution No. 2023-113 – 5/0. 6. AWARD OF CONTRACT TO PORTILLO CONCRETE, INC. FOR THE PUBLIC PARKING LOTS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT (CIP PROJECT NOS. 6049, 6052, AND 4090) – Adoption of a resolution accepting bids and awarding a contract to Portillo Concrete, Inc. for the Public Parking Lots Americans with Disabilities Act Improvements, Capital Improvement Program Project Nos. 6049, 6052 and 4090, in an amount not to exceed $799,172. (Staff contact: Scott Lyle and Hossein Ajideh, Public Works Department) ACTION: Adopted Resolution No. 2023-114 – 5/0. 7. APPROVAL FOR CHANGE ORDER NO. 3 TO THE ACE ELECTRIC, INC. CONTRACT FOR TEMPORARY FIRE STATION 7 (CIP PROJECT NO. 4091) – Adoption of a resolution authorizing the City Manager to approve Change Order No. 3 to the Ace Electric, Inc. construction contract for the Temporary Fire Station 7, Capital Improvement Program Project No. 4091, in an amount not to exceed $10,865. (Staff contact: John Maashoff, Public Works Department) ACTION: Adopted Resolution No. 2023-115 – 5/0. 8. AWARD OF CONTRACT TO CCL CONTRACTING, INC. FOR CONSTRUCTION OF THE PRESSURE-REDUCING STATION REPLACEMENT PROJECT, PHASE 2 (CIP PROJECT NO. 5020-B) – Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving plans, specifications and contract documents, accepting bids and awarding a contract to CCL Contracting, Inc. for construction of the Pressure-Reducing Station Replacement Project, Phase 2, and appropriating additional funds from the Water Replacement Fund to Capital Improvement Program Project No. 5020-B. (Staff contact: Dave Padilla and Neil Irani, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1703 – 5/0. 9. CONTINUATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE ON HAYMAR DRIVE – Adoption of a resolution continuing the Declaration of a storm-related Local Emergency for repair of a sinkhole in the area of Haymar Drive. (Staff contact: Tom Frank and Vicki Quiram, Public Works Department) April 18, 2023 Page 4 ACTION: Adopted Resolution No. 2023-116 – 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 10. 2023 HAZARD REDUCTION PROGRAM – ABATEMENT – Adoption of a resolution authorizing abatement of weeds, rubbish and refuse upon private property under the terms of the City of Carlsbad’s Hazard Reduction Program and scheduling a public hearing on July 25, 2023, to consider the final hazard reduction cost report. (Staff contact: Randy Metz, Fire Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. ACTION: Adopted Resolution No. 2023-117 – 5/0. 11. ESTABLISHMENT OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT UNDER THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 – Adoption of a resolution declaring the results of majority protest proceedings and establishing the Carlsbad Tourism Business Improvement District. (Staff contact: David Graham and Matt Sanford, Administrative Services Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. ACTION: Adopted Resolution No. 2023-118 – 5/0. 12. ANNUAL REVIEW OF THE POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481– 1) Receive the Police Department’s Annual Military Equipment Report; and 2) Introduce an ordinance renewing the Carlsbad Police Department’s Military Equipment Use Policy. (Staff contact: Ryan Opeka and Amanda Baker, Police Department) City Manager’s Recommendation: Receive the report, take public input, close the public hearing and introduce the ordinance. ACTION: Council received the report; and Introduced Ordinance No. CS-447 – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 13. 2022 ANNUAL RACIAL AND IDENTITY PROFILING ACT REPORT – AB 953: RACIAL AND IDENTITY PROFILING ACT – Receive an informational report from the Police Department regarding the 2022 Annual Racial and Identity Profiling Act Report in accordance with AB 953: Racial and Identity Profiling Act. (Staff contact: Mickey Williams and Eric Kovanda, Police Department) City Manager’s Recommendation: Receive the report. ACTION: Council received the report. April 18, 2023 Page 5 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 3/21/23) 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 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: April 18, 2023 Page 6 CITY ATTORNEY COMMENTS: ADJOURNMENT: 6:40 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. State law prohibits the City Council from taking action on items 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. 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 April 18, 2023 Page 7 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.