HomeMy WebLinkAbout2022-03-22; 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
The City of Carlsbad provides three ways to watch a City Council meeting:
In Person
On TV Online
Most City Council meetings take
place at City Hall, 1200 Carlsbad
Village Drive
Watch live and replays of meetings
on Charter Spectrum channel 24
and AT&T U-verse channel 99
Watch the livestream and replay past meetings on the city
website,
https://www.carlsbadca.gov/residents/communication/city-
tv-channel
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 groups can select a single speaker as long as three
other members of your group are present. Group representatives have 10 minutes unless that time is
changed by the presiding officer or the City Council.
Reasonable Accommodations
Persons with a disability may request an agenda packet in appropriate alternative formats as require 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.
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.
March 22, 2022, 5 p.m.
March 22, 2022 Page 2
CALL TO ORDER: 5 p.m.
ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby.
ANNOUNCEMENT OF CONCURRENT MEETINGS: None.
INVOCATION:
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance.
APPROVAL OF MINUTES: None.
PRESENTATIONS:
Proclamation in Recognition of Soroptimist 75 Year Anniversary
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 PALM ENGINEERING CONSTRUCTION COMPANY FOR THE MAGNOLIA
AVENUE STORM DRAIN PROJECT – PHASE I (CIP PROJECT NO. 6608) – Adoption of a resolution
accepting bids and awarding a contract to Palm Engineering Construction Company, Inc., a
California Corporation, for Construction of the Magnolia Avenue Storm Drain Improvements
Project – Phase I, for an amount not to exceed $775,616. (Staff contact: Lauren Ferrell and
Hossein Ajideh, Public Works)
ACTION: Adopted Resolution No. 2022-076 – 5/0.
ORDINANCES FOR INTRODUCTION:
2. OPERATION OF REGULATED MOBILITY DEVICES SUCH AS E-BICYCLES – Introduction of an
ordinance amending Title 10, Chapter 10.56 of the Carlsbad Municipal Code – Operation of
Regulated Mobility Devices. (Staff contact: Scott Meritt, Police Department and Marissa Kawecki,
City Attorney’s Department)
City Manager’s Recommendation: Introduce the ordinance.
ACTION: Introduced Ordinance No. CS-419 – 5/0.
March 22, 2022 Page 3
ORDINANCES FOR ADOPTION:
3. ORDINANCE NO. CS-418 – NEW CITY COUNCIL DISTRICT BOUNDARIES – Adoption of Ordinance No.
CS-418 amending Carlsbad Municipal Code Section 2.04.070, Subdivision (A), to include the City
Council District Boundary Map approved by the Independent Redistricting Commission. (Staff
contact: Kaylin McCauley and Faviola Medina, City Clerk’s Department)
City Manager’s Recommendation: Adopt Ordinance No. CS-418.
ACTION: Adopted Ordinance No. CS-418 – 5/0.
PUBLIC HEARING:
4. AMENDMENTS TO THE CITY COUNCIL INCLUSIONARY HOUSING POLICIES AND THE CITY’S
INCLUSIONARY HOUSING IN-LIEU FEE - 1) Adoption of a resolution amending the city’s Inclusionary
Housing In-Lieu Fee (MCA2022-0002/PUB2022-0004) and;
2) Adoption of a resolution consolidating and amending Council Policy Statement Nos. 57, 58 and
68 into a single policy document, No. 57, to help streamline permit applications, clarify confusing
language, and memorialize longstanding processing practices relating to Inclusionary Housing
Compliance (MCA2022-0002/PUB2022-0004. (Staff contact: Jeff Murphy, Community
Development)
City Manager’s Recommendation: Take public input, close the public hearing, and adopt the
resolutions.
ACTION: Adopted Resolution No. 2022-077 as amended (see minutes for details); and
Adopted Resolution No. 2022-078 – 5/0.
DEPARTMENTAL AND CITY MANAGER REPORTS:
5. UPDATE ON RESTRICTION ON OVERNIGHT PARKING ON AVENIDA ENCINAS, MACADAMIA DRIVE
AND RAINTREE DRIVE – Receive information on the results of amending Carlsbad Municipal Code
Section 10.40.046 to prohibit parking between the hours of 11 p.m. and 5 a.m. on Avenida Encinas
between Palomar Airport Road and Poinsettia Lane, and on Macadamia Drive and Raintree Drive.
(Staff contact: Jason Jackowski, Police Department)
City Manager’s Recommendation: Receive the report.
ACTION: Council received the report – 5/0.
6. SECOND UPDATE ON TRANSITION OF THE CITY’S FRANCHISE AGREEMENT FOR SOLID WASTE
RECYCLING AND ORGANICS SERVICES – Receive a report from Republic Services, the city’s new
franchise waste hauler, on the new agreement for recycling, organics and solid waste collection
and organic materials processing services. (Staff contact: James Wood, Public Works)
City Manager’s Recommendation: Receive the report.
ACTION: Council received the report – 5/0.
March 22, 2022 Page 4
7. ADDITIONAL APPROPRIATION FOR THE TEMPORARY FIRE STATION NO. 7 PROJECT (CIP PROJECT
NO. 4091) – Adoption of a resolution authorizing additional appropriation of $922,000 from the
Public Facility Fee Fund for the temporary Fire Station No. 7 project. (Staff contact: Paz Gomez
and John Maashoff, Public Works)
City Manager’s Recommendation: Adopt the resolution.
Adopted Resolution No. 2022-079 – 5/0.
8. CODE ENFORCEMENT PROGRAM AUDIT AND STATUS UPDATE ON OPEN AUDIT
RECOMMENDATIONS FROM PREVIOUS AUDITS – Receive a presentation on the results of an
internal audit of the city’s code enforcement program and a status update on the open audit
recommendations from an internal audit of the city’s credit card program performed in fiscal year
2020-21. (Staff contact: Robert Threatt and Laura Rocha, Administrative Services Department)
City Manager’s Recommendation: Receive the presentation.
ACTION: Council received the report – 5/0.
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
Minute Motion by Council Member Norby, seconded by Council Member Bhat-Patel for staff to
look into ways within Housing programs to create first time buyer opportunities and incentives
for home ownership, and bring back a report to Council within six months, unless
circumstances arise to shift the timeline (see minutes for details) – 4/1 (Blackburn – No).
City Council Regional Assignments (Revised 1/11/22)
Matt Hall
Mayor
City Council Legislative Subcommittee
Economic Development Subcommittee
North County Homeless Action Committee
SANDAG Board of Directors (primary)
San Diego County Water Authority
Keith Blackburn
Mayor Pro Tem – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
SANDAG Board of Directors (2nd alternate)
Priya Bhat-Patel
Council Member – District 3
Chamber of Commerce (alternate)
City/School Committee
Clean Energy Alliance JPA (alternate)
Economic Development Subcommittee
League of California Cities – SD Division (alternate)
North County Dispatch Joint Powers Authority (alternate)
North County Homeless Action Committee
North County Transit District (primary)
SANDAG Board of Directors (1st alternate)
Peder Norby
Council Member – District 1
Buena Vista Lagoon JPC
Encina Wastewater Authority Board of Directors (alternate)
North County Dispatch Joint Powers Authority (primary)
Teresa Acosta
Council Member – District 4
Chamber of Commerce Liaison (primary)
City Council Legislative Subcommittee
March 22, 2022 Page 5
City/School Committee
Clean Energy Alliance JPA (primary)
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
League of California Cities – SD Division
North County Transit District (alternate)
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: 8:27 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 760-434-2820 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.
March 22, 2022 Page 6
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
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.