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HomeMy WebLinkAbout2021-11-02; 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). Virtual Meeting 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 City cable channel Charter Spectrum channel 24 AT&T U-verse channel 99. City website carlsbadca.gov/residents/communication/city- tv-channel Virtual meeting format • Per California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and other public meetings online only. • All public meetings will comply with public noticing requirements in the Brown Act and will be made accessible electronically to all members of the public seeking to observe and address the City Council. How to participate • Join from a PC, Mac, iPad, iPhone or Android device: https://carlsbadca.zoom.us/j/94000049901 o Join using “Computer Audio” o Raise your hand when the Clerk calls for speakers for the item you wish to comment on. o Unmute yourself when called on by the Clerk. • By phone: Call: (888) 475 – 4499 and enter Meeting ID: 940 0004 9901. Press # for Participant ID. o Press *9 when the Clerk calls for speakers for the item you wish to comment on. o The Clerk will then call on the last four numbers of your telephone number. o Press *6 to unmute yourself to speak. • In writing: Email comments to clerk@carlsbadca.gov. Comments received by 2 p.m. the day of the meeting will be shared with the City Council prior to the meeting. When e-mailing comments, please identify in the subject line the agenda item to which your comments relate. All comments received will be included as part of the official record. Written comments will not be read out loud. • These procedures shall remain in place during the period in which state or local health officials have imposed or recommended social distancing measures. 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 760-434-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Monday before the meeting. IN THE EVENT A QUORUM OF THE CITY COUNCIL LOSES ELECTRICAL POWER OR SUFFERS AN INTERNET CONNECTION OUTAGE THAT IS NOT CORRECTED WITHIN 15 MINUTES, THE MEETING WILL AUTOMATICALLY BE ADJOURNED. ANY ITEMS NOTICED AS PUBLIC HEARINGS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. ANY OTHER AGENDA ITEMS THE COUNCIL HAS NOT TAKEN ACTION ON WILL BE PLACED ON A FUTURE AGENDA. Nov. 2, 2021, 3 p.m. Nov. 2, 2021 Page 2 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. PLEASE NOTE: AS A RESULT OF THE WAIVERS IN EXECUTIVE ORDER N-29-20, THE BROWN ACT PERMITS FULL PARTICIPATION BY OFFICIALS IN MEETINGS THROUGH VIDEO OR AUDIO TELECONFERENCE. CALL TO ORDER: 3:00 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the City of Carlsbad City Council and the Carlsbad Municipal Water District Board of Directors on Departmental and City Manager Reports Item No. 11. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Sept. 14, 2021 Minutes of the Regular Meeting held Sept. 21, 2021 Minutes of the Special Meeting held Sept. 28, 2021 Minutes of the Regular Meeting held Sept. 28, 2021 Minutes of the Special Meeting held Oct. 12, 2021 Minutes of the Special Meeting held Oct. 19, 2021 ACTION: Approved as presented – 5/0. PRESENTATIONS: Proclamation in Recognition of America Recycles 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. In conformance with the Brown Act, a total of 15 minutes is provided so 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, 2021 – Accept and file Report on City Investments as of Sept. 30, 2021. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Received the report – 5/0. Nov. 2, 2021 Page 3 2. REVISIONS TO THE CITY’S INVESTMENT POLICY – Adoption of a resolution approving the city’s Investment Policy dated Nov. 2, 2021. (Staff contact: Craig Lindholm, Administrative Services Department) ACTION: Approved Resolution No. 2021-244 – 5/0. 3. ACCEPTANCE OF FISCAL YEAR 2021 OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM – Adoption of a resolution authorizing the City Manager to accept the Fiscal Year 2021 Office of Traffic Safety Selective Traffic Enforcement Program and authorizing the Deputy City Manager of Administrative Services to appropriate the funds for Selective Traffic Enforcement Program expenses in the amount of $108,000. (Staff contact: Cindy Anderson, Police Department) ACTION: Approved Resolution No. 2021-245 – 5/0. 4. ACCEPTANCE OF THE FISCAL YEAR 2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Adoption of a resolution authorizing the City Manager to accept the Fiscal Year 2021 Edward Byrne Memorial Justice Assistance Grant funds and authorizing the Deputy City Manager of Administrative Services or his/her designee to appropriate $18,285 to the Public Safety Grants Special Revenue Fund. (Staff contact: Cindy Anderson, Police Department) ACTION: Approved Resolution No. 2021-246 – 5/0. ORDINANCES FOR INTRODUCTION: 5. ORDINANCE AMENDING CHAPTERS 6.08 AND 8.17 RELATING TO SOLID WASTE AND ORGANIC WASTE REDUCTION REQUIREMENTS – Introduce an ordinance amending Chapter 6.08 of the Carlsbad Municipal Code regulating solid waste and 8.17 of the Carlsbad Municipal Code regulating special events. (Staff contact: James Wood, Public Works) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-408 – 5/0. 6. ORDINANCE TO INSTALL STOP SIGNS ON CEREZO DRIVE AT LOS ROBLES DRIVE – Introduce an ordinance amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to add Section 10.28.996 to place stop signs on Cerezo Drive at Los Robles Drive. (Staff contact: John Kim, Public Works) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-409 – 5/0. 7. ORDINANCE AMENDING CHAPTER 10.60 – SHARED MOBILITY DEVICES – Introduce an ordinance amending Chapter 10.60 of the Carlsbad Municipal Code regarding shared mobility devices. (Staff contact: Nathan Schmidt, Public Works and Robby Contreras, City Attorney’s Office) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-410 – 5/0. Nov. 2, 2021 Page 4 ORDINANCES FOR ADOPTION: 8. ADOPTION OF ORDINANCE NO. CS-407 – INNS AT BUENA VISTA CREEK – Adoption of Ordinance No. CS-407 approving amendments to the citywide zoning and local coastal program zoning maps to modify the zoning designations on a 2.66-acre parcel to allow a zone change from General Commercial (C-2) to Open Space (OS), and a local coastal program zone change from General Commercial (C-2) to Open Space (OS) to correspond with a proposed wetland buffer/habitat restoration area for an approved hotel development project in the city of Oceanside along Carlsbad’s northern border generally located south of State Route 78 and east of Jefferson Street within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 1 (Case Name: Inns at Buena Vista Creek; Case No: ZC 14-03/LCPA 14-05 (DEV14058));. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt the ordinance. ACTION: Adopted Ordinance No. CS-407 – 5/0. PUBLIC HEARING: 9. TAX AND EQUITY FISCAL RESPONSIBILITY ACT PUBLIC HEARING FOR ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF HARDING STREET NEIGHBORS LP – Adoption of a resolution approving the issuance of the California Municipal Finance Authority multifamily housing revenue bonds for the benefit of Harding Street Neighbors, LP, or a subsidiary or affiliate thereof, in an aggregate principal amount not to exceed $33,000,000 for the purpose of financing or refinancing the acquisition, construction, rehabilitation, improvement and equipping of Pacific Wind, a multifamily rental housing project located in Carlsbad, California. (Staff contact: Mandy Mills, Housing & Homeless Services) City Manager’s Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Approved Resolution No. 2021-247 – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. ECONOMIC AND FINANCIAL UPDATE FOR THE FIRST QUARTER OF FISCAL YEAR 2021-22 – Receive a report on the economic and financial update for the first quarter of fiscal year 2021-22 and provide direction as appropriate. (Staff contact: Laura Rocha, Administrative Services Department) City Manager’s Recommendation: Receive the report and provide direction as appropriate. ACTION: Received the report – 5/0. 11. SET PUBLIC HEARING DATE FOR PROPOSED MULTI-YEAR RATES FOR POTABLE WATER, RECYCLED WATER AND WASTEWATER SERVICES – 1) Adoption of a resolution setting Jan. 11, 2022, as the date for a public hearing regarding proposed three-year rate increases for wastewater services; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution setting Jan. 11, 2022, as the date for a public hearing regarding proposed three-year rate increases for potable water and recycled water services; and Nov. 2, 2021 Page 5 3) Authorization to proceed with Option 1, which increases rates for water, recycled water and wastewater by spreading the revenue requirements equally over a three-year period and include Option 1 rates in the public notices and public hearing. (Staff contact: Vicki Quiram, Public Works and Ryan Green, Administrative Services Department) City Manager’s Recommendation: Adopt the resolutions and provide direction as appropriate. ACTION: Adopted Resolution No. 2021-248 and CMWD Resolution No. 1664 – 5/0. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 7/20/21) Matt Hall Mayor North County Mayors and Managers Buena Vista Lagoon JPC Chamber of Commerce Liaison (primary) San Diego County Water Authority SANDAG Board of Directors (primary) City Council Legislative Subcommittee Economic Development Subcommittee Homeless Action Subcommittee 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) SANDAG Shoreline Preservation Working Group (alternate) Carlsbad Municipal Code and City Council Policy Update Subcommittee Priya Bhat-Patel Council Member – District 3 City/School Committee Clean Energy Alliance JPA (primary) Economic Development Subcommittee League of California Cities – SD Division (alternate) North County Transit District (primary) North County Dispatch Joint Powers Authority (alternate) SANDAG Board of Directors (1st alternate) SANDAG Shoreline Preservation Working Group (primary) Peder Norby Council Member – District 1 Teresa Acosta Council Member – District 4 Chamber of Commerce Liaison (alternate) City Council Legislative Subcommittee City/School Committee Clean Energy Alliance JPA (alternate) Encina Wastewater Authority Board of Directors (alternate) League of California Cities – San Diego Division North County Dispatch Joint Powers Authority North County Transit District (alternate) PUBLIC COMMENT: Continuation of the Public Comments Nov. 2, 2021 Page 6 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: 4.54 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. 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 Nov. 2, 2021 Page 7 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.