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HomeMy WebLinkAbout2023-08-29; 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. Aug. 29, 2023, 5 p.m. CITY COUNCIL ~Agenda - Spectrum 24 AT&T U-verse 99 Aug. 29, 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 City Council and the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 2. PLEDGE OF ALLEGIANCE: City Clerk Sherry Freisinger led the Pledge of Allegiance. APPROVAL OF MINUTES: PRESENTATIONS: Proclamation in recognition of Constitution Week Proclamation in recognition of International Overdose Awareness Day 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. AWARD OF CONTRACT TO SOUTHERN CONTRACTING COMPANY FOR THE STREET LIGHTING REPLACEMENT PROGRAM PHASE II PROJECT, CIP PROJECT NO. 6062 – Adoption of a resolution accepting bids and awarding a contract to Southern Contracting Company for the Street Lighting Replacement Program Phase II, Capital Improvement Program Project No. 6062, for an amount not to exceed $767,012. (Staff contact: Michael O’Brien, Public Works Department) ACTION: Adopted Resolution No. 2023-226 – 5/0. 2. AUTHORIZATION OF PRE-EXCAVATION AGREEMENTS WITH NATIVE AMERICAN TRIBES, INCLUDING FOR THE RECYCLED WATER PHASE III, D-4 RESERVOIR PROJECT, CIP PROJECT NO. 5210 – 1) Adoption of a Carlsbad Municipal Water District Board of Directors resolution authorizing the Executive Manager to execute a pre-excavation agreement between the Carlsbad Municipal Water District and the San Luis Rey Band of Mission Indians for Tribal Cultural Resources treatment and monitoring for the Recycled Water Phase III, D-4 Reservoir Project; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution delegating authority to the Executive Manager to execute pre-excavation agreements for Tribal Cultural Resources Aug. 29, 2023 Page 3 treatment and monitoring for district capital improvement program projects; and 3) Adoption of a resolution delegating authority to the City Manager to execute pre-excavation agreements for Tribal Cultural Resources treatment and monitoring for City Capital Improvement Program projects. (Staff contact: Dave Padilla and Neil Irani, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1716; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1717; and Adopted Resolution No. 2023-227 – 5/0. ORDINANCES FOR INTRODUCTION: 3. AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE RELATED TO BOARDS AND COMMISSIONS 1) Introduction of an ordinance amending Carlsbad Municipal Code Chapter 2.15 Boards and Commissions and Chapter 2.28 Traffic and Mobility Commission; and 2) Introduction of an ordinance adding Chapter 2.34 Beach Preservation Commission to the Carlsbad Municipal Code; and 3) Introduction of an ordinance amending Carlsbad Municipal Code Chapter 2.36 Parks and Recreation Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions; and 4) Introduction of an ordinance amending Carlsbad Municipal Code Chapter 2.38 Senior Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions; and 5) Introduction of an ordinance amending Carlsbad Municipal Code Chapter 2.40 Housing Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. (Staff contact: Sheila Cobian, City Manager Department and Faviola Medina, City Clerk Department) City Manager’s Recommendation: Introduce the ordinances. ACTION: Introduced Ordinance No. CS-451; and Introduced Ordinance No. CS-452; and Introduced Ordinance No. CS-453; and Introduced Ordinance No. CS-454; and Introduced Ordinance No. CS-455 – 5/0. 4. ORDINANCE AMENDING SECTION 10.44.030 OF THE CARLSBAD MUNICIPAL CODE RELATING TO SPEED LIMITS ON CARLSBAD BOULEVARD – Introduction of an ordinance amending Section 10.44.030 of the Carlsbad Municipal Code relating to speed limits on Carlsbad Boulevard. (Staff contact: John Kim, Public Works Department) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-456 – 5/0. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 5. CITYWIDE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT (ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004) – 1) Introduce an ordinance amending Carlsbad Municipal Code, Title 21 Zoning, to add Chapter 21.88 and amend Chapter 21.45, to establish citywide objective design standards for multifamily housing and mixed-use development Aug. 29, 2023 Page 4 projects pursuant to Housing Element Program 1.11 (Case Name: Citywide Objective Design Standards; Case No: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004); and 2) Adopt a resolution approving a Local Coastal Program Amendment to update the Local Coastal Program Implementation Plan (Zoning Ordinance, Title 21 of the Carlsbad Municipal Code) to establish citywide objective design standards for multifamily housing and mixed-use development projects implementing Housing Element Program 1.11 (Case Name: Citywide Objective Design Standards; Case No: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004); and 3) Adopt a resolution amending City Council Policy No. 44 to achieve consistency with current state regulations that require objective design standards (Case Name: Citywide Objective Design Standards; Case No: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004); and 4) Adopt a resolution rescinding City Council Policy No. 66 to achieve consistency with current state regulations that require objective design standards (Case Name: Citywide Objective Design Standards; Case No: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004). (Staff contact: Shelley Glennon, Community Development Department) City Manager’s Recommendation: Take public input, close the public hearing, introduce the ordinance and adopt the resolutions. ACTION: Introduced Ordinance No. CS-457; and Adopted Resolution No. 2023-228; and Adopted Resolution No. 2023-229; and Adopted Resolution No. 2023-230 – 5/0. 6. OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY HOUSING AND MIXED USE DEVELOPMENT IN THE VILLAGE AND BARRIO (AMEND 2021-0008, LCPA 2023-0016, DEV08014) – 1) Introduction of an ordinance amending the Village and Barrio Master Plan, to implement Housing Element Program 1.11 to develop Village and Barrio objective design standards for multifamily housing and mixed-use development projects (Case Name: Village and Barrio Objective Design Standards; Case No.: AMEND 2021-0008, LCPA 2023-0016, DEV08014); and 2) Adoption of a resolution approving a Local Coastal Program amendment to implement Housing Element Program 1.11 to establish Village and Barrio objective design standards for multifamily housing and mixed-use development projects (Case Name: Village and Barrio Objective Design Standards; Case No.: AMEND 2021-0008, LCPA 2023-0016, DEV08014). (Staff contact: Shelley Glennon, Community Development Department) City Manager’s Recommendation: Take public input, close the public hearing, introduce the ordinance and adopt the resolution. ACTION: Introduced Ordinance No. CS-458; and Adopted Resolution No. 2023-231 – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. FISCAL YEAR 2023-24 INTERNAL AUDIT PLAN AND INTERNAL AUDIT UPDATE – 1) Receive a report regarding Fiscal Year 2022-23 Internal Audit Activity Summary and the Fiscal Year 2023-24 Internal Audit Plan; and 2) Adoption of a resolution approving the Fiscal Year 2023-24 Internal Audit Plan (Staff contact: Robert Threatt and Laura Rocha, Administrative Services Department) Aug. 29, 2023 Page 5 City Manager’s Recommendation: Receive the report and adopt the resolution. ACTION: Council received the report; and Adopted Resolution No. 2023-232 – 5/0. 8. CITY COUNCIL POLICY STATEMENT – CITY COUNCIL PROCLAMATIONS, CERTIFICATES OF RECOGNITION AND CONGRATULATORY LETTERS – Adoption of a resolution approving City Council Policy Statement – City Council Proclamations, Certificates of Recognition and Congratulatory Letters. (Staff contact: Faviola Medina, City Clerk Department and Sheila Cobian, City Manager Department) City Manager’s Recommendation: Consider options and adopt the resolution. ACTION: Motion by Mayor Blackburn, seconded by Council Member Burkholder directing staff to return with a revised City Council Policy Statement that removes proclamations from being presented before the business meeting for City Council consideration – 5/0. 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 Aug. 29, 2023 Page 6 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: ADJOURNMENT: 6:57 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. Aug. 29, 2023 Page 7 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.