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HomeMy WebLinkAbout2022-11-15; 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. Nov. 15, 2022, 5 p.m. Nov. 15, 2022 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 2 and the Community Development Commission on Public Hearing Item No. 12. INVOCATION: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in Recognition of America Recycles Day Proclamation in Recognition of Small Business Saturday 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. REPORT ON CITY INVESTMENTS AS OF SEPT. 30, 2022 – Accept and file Report on City Investments as of Sept. 30, 2022. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Council received the report – 5/0. 2. ADVERTISE FOR BIDS FOR THE EL FUERTE AND MAERKLE MOTORIZED VALVES PROJECT, CIP PROJECT NOS. 5050, 5009 AND 5007 – Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving plans, specifications and contract documents and authorizing the Secretary of the Board of Directors to advertise for bids for the El Fuerte and Merkle Motorized Valves Project. (Staff contact: Dave Padilla and Sean Diaz, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1689 – 5/0. 3. AGREEMENT WITH KIEWIT-SHEA II FOR CONSUMPTION OF ELECTRICITY FROM THE PANEL AND METER AT TEMPORARY FIRE STATION 7 – Adoption of a resolution authorizing the City Manager, or designee, to execute an electricity use agreement with Kiewit-Shea II regarding consumption of electricity from the electrical panel and meter at Temporary Fire Station 7. (Staff contact: John Maashoff, Public Works Nov. 15, 2022 Page 3 Department) ACTION: Adopted Resolution No. 2022-258 – 5/0. 4. ACQUISITION OF REAL PROPERTY ALONG EL CAMINO REAL FROM CINNABAR WAY TO CAMINO VIDA ROBLE FOR WIDENING EL CAMINO REAL, CIP PROJECT NO. 6072 – Adoption of a resolution authorizing Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and Consultant Dokken Engineering to negotiate with the owners of Assessor Parcel No. 213-050-16, or their agents, for acquisition of real property and a temporary construction easement for the widening of El Camino Real from Cinnabar Way to Camino Vida Roble (Capital Improvement Program Project No. 6072) at the estimated fair market value of $260,000. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works Department) ACTION: Adopted Resolution No. 2022-259 – 4/0/1 (Blackburn – Abstain). 5. ACQUISITION OF REAL PROPERTY ALONG EL CAMINO REAL FROM SUNNY CREEK ROAD TO JACKSPAR DRIVE FOR WIDENING EL CAMINO REAL, CIP PROJECT NO. 6094 – Adoption of a resolution authorizing Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and Consultant Dokken Engineering to negotiate with the owners of Assessor Parcel Nos. 209-60-48, 209-60-58, and 209-90- 11, or their agents, for acquisition of real property and temporary construction easements for the widening of El Camino Real from Sunny Creek Road to Jackspar Drive (Capital Improvement Program Project No. 6094) at the estimated fair market value of $127,000. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works Department) ACTION: Adopted Resolution No. 2022-260 – 4/1 (Hall – No). 6. ADVERTISE FOR BIDS FOR THE 2021 SIDEWALK CONSTRUCTION PROJECT, CIP PROJECT NO. 6002-21 – Adoption of a resolution approving the plans, specifications and contract documents and authorizing the City Clerk to advertise for bids for the 2021 Sidewalk Construction Project as part of the Sidewalk/Street Construction Program. (Staff contact: Kevin Moghadasi and Hossein Ajideh, Public Works Department) ACTION: Adopted Resolution No. 2022-261 – 5/0. 7. AWARD OF CONTRACT TO ASTER CONSTRUCTION SERVICES INC. FOR THE CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENTS PROJECT, AND AUTHORIZATION OF ADDITIONAL APPROPRIATION IN THE AMOUNT OF $833,788 (CIP PROJECT NO. 6097) – Adoption of a resolution accepting bids received, awarding a contract to Aster Construction Services, Inc. for the Carlsbad Boulevard Pedestrian Improvements Project, not to exceed $1,246,567, and authorizing an additional appropriation in an amount of $833,788. (Staff contact: John Kim, Public Works Department) ACTION: Adopted Resolution No. 2022-262 – 5/0. 8. AMENDMENT NO. 1 TO A RIGHT-OF-ENTRY PERMIT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION TO INCLUDE REIMBURSEMENT FOR PLAN REVIEWS OF THE BEACH ACCESS REPAIRS AND UPGRADES FROM PINE AVENUE TO TAMARACK AVENUE PROJECT, CIP PROJECT NO. 3896 – Adoption of a resolution authorizing Amendment No. 1 to the existing Right of Entry Permit with the California Department of Parks and Recreation to include reimbursements, up to an amount of $40,000, for plan reviews for the beach access repairs and upgrades from Pine Avenue to Tamarack Avenue Project. (Staff contact: Lauren Ferrell and Hossein Ajideh, Public Works Department and Kyle Nov. 15, 2022 Page 4 Lancaster, Parks & Recreation Department) ACTION: Adopted Resolution No. 2022-263 – 5/0. 9. ACCEPTING $113,000 GRANT FROM CALIFORNIA OFFICE OF TRAFFIC SAFETY – Adoption of a resolution authorizing the City Manager to accept the fiscal year 2022 Office of Traffic Safety Selective Traffic Enforcement Program Grant Funds and authorizing the Deputy City Manager of Administrative Services to appropriate the funds for Selective Traffic Enforcement Program Expenses in the amount of $113,000. (Staff contact: Amanda Baker, Police Department) ACTION: Adopted Resolution No. 2022-264 – 5/0. ORDINANCES FOR INTRODUCTION: 10. INTRODUCE AN ORDINANCE TO REDUCE SPEED LIMITS ON PORTIONS OF CADENCIA STREET AND GATEWAY ROAD – Introduction of an ordinance amending Title 10, Chapter 10.44, Sections 10.44.200 and 10.44.830 of the Carlsbad Municipal Code by reducing the speed limit along portions of Cadencia Street and Gateway Road. (Staff contact: John Kim, Public Works Department) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-440 – 5/0. ORDINANCES FOR ADOPTION: 11. ORDINANCE NO. CS-439 - ZONING CHANGES TO CITYWIDE ZONING MAP – Adoption of Ordinance No. CS-439 approving zone change (amendment to the citywide zoning map) from Residential Density- Multiple Zone (RD-M) to Residential Professional with a Qualified Overlay Development Zone (R-P-Q) on a 0.16 acre parcel generally located at 2754 Jefferson Street (APN 203-201-01-00) in Local Facilities Management Zone 1 (Case Name: Jefferson Mixed-Use; Case No.: ZC 2021-0003 (DEV2020-0116)). (Staff contact: Faviola Medina, City Clerk Services Department) City Manager’s Recommendation: Adopt Ordinance No. CS-439 ACTION: Adopted Ordinance No. CS-439 – 5/0. PUBLIC HEARINGS: 12. CARLSBAD HOUSING AGENCY’S REVISED ADMINISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER RENTAL ASSISTANCE PROGRAM – Adoption of a Community Development Commission resolution approving the Carlsbad Housing Agency’s Revised Administrative Plan for the Housing Choice Voucher Rental Assistance Program. (Staff contact: Todd Henderson, Housing & Homeless Services Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. ACTION: Adopted Community Development Commission Resolution No. 557 – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 13. CONSIDERATION OF A STAFF RECOMMENDATION TO DISCONTINUE EFFORTS TO INCLUDE LOT 11 AS A POTENTIAL SERVICE CENTER LOCATION IN NEGOTIATIONS WITH SDG&E AND NRG ENERGY – Direct staff to discontinue efforts to include the site known as Lot 11 in the city’s negotiations with the San Nov. 15, 2022 Page 5 Diego Gas & Electric Company and NRG Energy based on its infeasibility as a suitable site for relocation of the SDG&E North Coast Service Center. (Staff contact: Gary Barberio, Community Services Department and Cindie McMahon, City Attorney’s Department) City Manager’s Recommendation: Direct staff as appropriate. ACTION: Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel directing staff to discontinue efforts to include Lot 11 in the city’s negotiations with San Diego Gas & Electric Company and NRG Energy, and to return to the City Council for further direction on March 7, 2023, or sooner – 4/0/1 (Norby – Abstain). 14. LOCAL ROADWAY SAFETY PLAN – Adoption of a resolution adopting the City of Carlsbad Local Roadway Safety Plan. (Staff contact: John Kim, Public Works Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2022-265 – 5/0. 15. ECONOMIC AND FINANCIAL UPDATE FOR THE FIRST QUARTER OF FISCAL YEAR 2022-23 – Receive a report on the economic and financial update for the first quarter of fiscal year 2022-23 and provide direction as appropriate. (Staff contact: Zach Korach, Administrative Services Department) City Manager’s Recommendation: Receive the report and provide direction, as appropriate. 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 Nov. 15, 2022 Page 6 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. 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. Nov. 15, 2022 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.