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HomeMy WebLinkAbout2022-09-13; 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 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 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. Sept. 13, 2022, 5 p.m. Sept. 13, 2022 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Norby. Absent: Hall. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. INVOCATION: PLEDGE OF ALLEGIANCE: Council Member Norby led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held Aug. 16, 2022 Minutes of the Regular Meeting held Aug. 16, 2022 ACTION: Minutes were approved as presented – 4/0/1 (Hall – Absent). PRESENTATIONS: Proclamation in recognition of Constitution Week Proclamation in recognition of Fire Preparedness Month PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: 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. REPORT ON CITY INVESTMENTS AS OF JULY 31, 2022 – Accept and file Report on City Investments as of July 31, 2022. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Council received the report – 4/0/1 (Hall – Absent). 2. BENEFIT PLAN DOCUMENT – AMENDED AND RESTATED CAFETERIA PLAN – 1) Adoption of a resolution amending the City of Carlsbad Cafeteria Plan to incorporate legal changes and authorizing the City Manager to make future amendments necessary to implement legal requirements or City Council approved benefit programs; and 2) Adoption of a resolution authorizing the City Manager to procure any employee benefits which have been approved by the City Council and for which the City Council has budgeted or otherwise appropriated funds. (Staff contact: Lori Shonley and Sandra Smith, Administrative Services Department) Sept. 13, 2022 Page 3 ACTION: Adopted Resolution No. 2022-215; and Adopted Resolution No. 2022-216 – 4/0/1 (Hall – Absent) 3. AMENDMENT AND RESTATEMENT OF THE 401(A) GOVERNMENTAL MONEY PURCHASE PLAN FOR THE CITY MANAGER – Adoption of a resolution authorizing the Deputy City Manager, Administrative Services, or a designee to execute an amendment and restatement of the 401(a) Governmental Money Purchase Plan for the City Manager position and to execute the necessary documents to terminate the plan once it has been amended and restated. (Staff contact: Lori Shonley and Sandra Smith, Administrative Services Department) ACTION: Adopted Resolution No. 2022-217 – 4/0/1 (Hall – Absent). 4. FIRST AMENDMENT TO LICENSE AGREEMENT WITH T-MOBILE WEST AUTHORIZING THE SUBLICENSE OF A PORTION OF THE WIRELESS COMMUNICATION FACILITY LICENSE AREA TO DISH WIRELESS – Adoption of a resolution approving the first amendment to the site license agreement between T- Mobile West, LLC and the City of Carlsbad to sublicense a portion of the wireless communication facility license area to Dish Wireless, LLC and authorizing the City Manager to execute the amendment. (Staff contact: Curtis M. Jackson, Community Services Department) ACTION: Adopted Resolution No. 2022-218 – 4/0/2 (Hall, Acosta – Absent). 5. AGREEMENT WITH SILLMAN WRIGHT ARCHITECTS TO PROVIDE DESIGN SERVICES FOR THE EMERGENCY OPERATIONS CENTER RECONFIGURATION PROJECT (CIP PROJECT NO. 4719) – Adoption of a resolution authorizing execution of a professional services agreement with Sillman Wright Architects to provide design services for the Emergency Operations Center reconfiguration project, in an amount not to exceed $272,640. (Staff contact: Steven Stewart, Public Works) ACTION: Adopted Resolution No. 2022-219 – 4/0/1 (Hall – Absent). 6. AGREEMENT WITH FEHR & PEERS FOR TRANSPORTATION PLANNING AND ENGINEERING DESIGN SERVICES AND REQUEST TO CARRY FORWARD $276,399 FROM FISCAL YEAR 2021-22 TO FY 2022-23 – Adoption of a resolution authorizing execution of a professional services agreement with Fehr & Peers to provide engineering and environmental services for the Sustainable Mobility Plan Implementation Plan, Multimodal Transportation Impact Fee Study, and Vehicle Miles Traveled Mitigation Program and approval of a carryforward request to fund a portion of the agreement. (Staff contact: Nathan Schmidt, Public Works) ACTION: Adopted Resolution No. 2022-220 – 4/0/1 (Hall – Absent). 7. AGREEMENT WITH SILLMAN WRIGHT ARCHITECTS FOR FIRE DEPARTMENT ADMINISTRATION OFFICES FEASIBILITY STUDY (CIP PROJECT NO. 4089) – Adoption of a resolution authorizing execution of an agreement with Sillman Wright Architects to conduct a feasibility study for the Fire Department administration offices, in an amount not to exceed $114,630. (Staff contact: Steven Stewart, Public Works) ACTION: Adopted Resolution No. 2022-221 – 4/0/1 (Hall – Absent). ORDINANCE FOR INTRODUCTION: 8. AMEND THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.302 TO RESTRICT OVERNIGHT Sept. 13, 2022 Page 4 PARKING ON SURFSIDE LANE AND ISLAND WAY – Introduction of an ordinance adding section 10.40.302 of the Carlsbad Municipal Code to establish no parking zones along both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Carlsbad Boulevard between the hours of 11 p.m. and 5 a.m. (Staff contact: Scott Meritt, Police Department and Allegra Frost, City Attorney’s Department) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-430 – 4/0/1 (Hall – Absent). ORDINANCE FOR ADOPTION: None. PUBLIC HEARING: 9. 2022 ZONING ORDINANCE CLEANUP - VARIOUS AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE AND LOCAL COASTAL PROGRAM – 1) Introduction of an ordinance adopting amendments to Carlsbad Municipal Code Title 5 (Business Licenses and Regulations) to ensure consistency with state law related to child day care homes (Case Name: 2022 Zoning Ordinance Cleanup; Case No.: MCA 2022-0004); and 2) Introduction of an ordinance adopting amendments to Carlsbad Municipal Code Title 15 (Grading and Drainage Ordinance) and Title 21 (Zoning Ordinance) to complete various miscellaneous cleanup amendments to the Carlsbad Municipal Code. The amendments also include a local coastal program amendment (Case Name: 2022 Zoning Ordinance Cleanup; Case No.: MCA2022-0004/ZCA2022- 0002/LCPA 2022-0014). (Staff contact: Eric Lardy, Community Development) City Manager’s Recommendation: Take public input, close the public hearing, and introduce the ordinances. ACTION: Introduced Ordinance No. CS-431; and Introduced Ordinance No. CS-432 – 4/0/1 (Hall – Absent). DEPARTMENTAL AND CITY MANAGER REPORTS: 10. CARLSBAD POLICE DEPARTMENT’S PREPARATION AND RESPONSE TO ACTIVE SHOOTER INCIDENTS – Receive a presentation from Police Department staff regarding its preparation efforts and planned response to active shooter incidents. (Staff contact: Reid Shipley, Police Department) City Manager’s Recommendation: Receive the report. ACTION: Council received the report. 11. CLEAN ENERGY ALLIANCE UPDATE – Receive an informational report from Clean Energy Alliance Executive Director Barbara Boswell on the Clean Energy Alliance’s operations and performance. (Staff contact: Jason Haber, City Manager’s Department) City Manager’s Recommendation: Receive the report. ACTION: Council received the report. 12. UPDATES ON THE SOUTH CARLSBAD COASTLINE PROJECT AND THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT – Receive updates on the South Carlsbad Coastline Project and the grant-funded South Carlsbad Boulevard Climate Adaptation Project. (Staff contact: Tom Frank and Katie Hentrich, Public Works) Sept. 13, 2022 Page 5 City Manager’s Recommendation: Receive the report. ACTION: Council received the report. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: 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 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: 7:10 p.m. Sept. 13, 2022 Page 6 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 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. Sept. 13, 2022 Page 7 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.