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HomeMy WebLinkAbout2021-11-16; 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/91815011322 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: 918 1501 1322. 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. 16, 2021, 3 p.m. Nov. 16, 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 Consent Item No. 6. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: 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. ANNUAL REPORT OF INVESTMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2021 – Accept and file Annual Report of Investments for the Fiscal Year Ended June 30, 2021. (Staff contact: Craig Lindholm, Administrative Services Department) ACTION: Received the report. 2. SUMMARY VACATION OF RELINQUISHED ACCESS RIGHTS OVER A PORTION OF LOT 5 OF MAP NO. 14926 LOCATED AT 2815 CARIBOU COURT – Adoption of a resolution approving a summary vacation of relinquished access rights over a portion of Lot 5 of Map No. 14926. (Staff contact: Emad Elias, Community Development) ACTION: Adopted Resolution No. 2021-249 – 5/0. Nov. 16, 2021 Page 3 3. GRANTING EASEMENTS TO SAN DIEGO GAS & ELECTRIC FOR PUBLIC UTILITY PURPOSES ON PROPERTIES LOCATED AT 3606 HARDING STREET AND 965 OAKS AVENUE – 1) Adoption of a resolution granting an easement to San Diego Gas & Electric over a portion of Lot 3 and 4 of Block “B” of the resubdivision of a portion of Alles Avocado Acres, according to Map No. 2027 and generally described as 3606 Harding Street (Case Name: Harding Street Veterans Housing; Case No.: SDP 16-12); and 2) Adoption of a resolution granting an easement to San Diego Gas and Electric over a portion of Lot 1 of subdivision of Tracts 114 and 120 of Carlsbad land, according to Map No. 1744 and generally described as 965 Oak Avenue (Case Name: Oak Street Veterans Housing; Case No.: SDP 16-13). (Staff contact: David Rick, Community Development) ACTION: Adopted Resolution Nos. 2021-250 and 2021-251 – 5/0. 4. APPROVAL OF CITY COUNCIL POLICY NO. 92 – EX PARTE COMMUNICATIONS AND APPROVAL OF CITY COUNCIL CODE OF ETHICS & PUBLIC SERVICE VALUES – 1) Adoption of a resolution adopting City Council Policy No. 92 on Ex Parte Communications; and 2) Adoption of a resolution approving a City Council Code of Ethics & Public Service Values. (Staff contact: Cindie McMahon, City Attorney’s Department and Sheila Cobian, City Manager’s Department) ACTION: Adopted Resolution Nos. 2021-252 and 2021-253 – 5/0. 5. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE MAGNOLIA AVENUE STORM DRAIN PROJECT – PHASE I, CIP NO. 6608 – Adoption of a resolution approving the plans and specifications and authorizing the City Clerk to advertise for bids for the Magnolia Avenue Storm Drain Improvements Project – Phase I as part of the Citywide Drainage Improvement Program. (Staff contact: Daniel Zimny, Public Works) ACTION: Adopted Resolution No. 2021-254 – 5/0. 6. APPROVE 82 MASTER AGREEMENTS WITH CONSULTING FIRMS TO PROVIDE PROFESSIONAL SERVICES – 1) Adoption of a resolution approving 59 master agreements with consulting firms to provide professional services; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving 23 master agreements with consulting firms to provide professional services. (Staff contact: Craddock Stropes, Public Works) ACTION: Adopted Resolution No. 2021-255 and CMWD Resolution No. 1665 – 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 7. ADOPTION OF ORDINANCE NO. CS-408 – SOLID WASTE AND ORGANIC WASTE REDUCTION REQUIREMENTS – Adoption of Ordinance No. CS-408 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: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt the ordinance. ACTION: Adopted Ordinance No. CS-408 – 5/0. Nov. 16, 2021 Page 4 8. ADOPTION OF ORDINANCE NO. CS-409 – INSTALL STOP SIGNS ON CEREZO DRIVE AT LOS ROBLES DRIVE – Adoption of Ordinance No. CS-409 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: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt the ordinance. ACTION: Adopted Ordinance No. CS-409 – 5/0. 9. ADOPTION OF ORDINANCE NO. CS-410 – SHARED MOBILITY DEVICES – Adoption of Ordinance No. CS-410 amending Chapter 10.60 of the Carlsbad Municipal Code regarding shared mobility devices. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt the ordinance. ACTION: Adopted Ordinance No. CS-410 – 5/0. PUBLIC HEARING: 10. TAX AND EQUITY FISCAL RESPONSIBILITY ACT PUBLIC HEARING FOR ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF CAMSTON WRATHER LLC – Adoption of a resolution approving the issuance of the California Municipal Finance Authority revenue bonds in an aggregate principal amount not to exceed $80,000,000 for the purpose of financing or refinancing the acquisition, construction, rehabilitation, improvement and equipping solid waste disposal facilities for the benefit of Camston Carlsbad Asset 1, LLC and certain other matters relating thereto. (Staff contact: Matt Sanford and David Graham, Administrative Services Department) City Manager’s Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Adopted Resolution No. 2021-256 – 5/0. 11. CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE FOUR SINGLE- FAMILY RESIDENCES LOCATED AT 3745 ADAMS STREET – Adoption of a resolution denying the appeal and upholding the decision of the Planning Commission to approve a Coastal Development Permit and Tentative Parcel Map to subdivide a 0.97-acre vacant lot into four parcels to construct a two-story, 3,182-square-foot single-family residence on each parcel located at 3745 Adams Street, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 1 (Case Name: Adams Street Homes; Case No.: CDP 2020-0043/MS 2020-0004 (DEV2020- 0126)). (Staff contact: Jessica Evans, Community Development) City Manager’s Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Adopted Resolution No. 2021-257 – 4/1 (Norby – No). DEPARTMENTAL AND CITY MANAGER REPORTS: 12. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC MEETINGS ON DEC. 1, 2021 – Discuss how to proceed with public meetings until Dec. 16, 2021 and take one of the following actions: 1) Consider adoption of a resolution making findings in accordance with AB 361 to continue virtual public meetings until Dec. 16, 2021; or Nov. 16, 2021 Page 5 2) Direct staff to resume in-person public meetings beginning Dec. 1, 2021. (Staff contact: Sheila Cobian, City Manager’s Department) City Manager’s Recommendation: Discuss how to proceed and consider options. ACTION: Adopted Resolution No. 2021-258 – 4/1 (Hall – No). 13. VILLAGE & BARRIO MASTER PLAN AMENDMENT DISCUSSION – Receive a presentation on options to address potential policy changes raised by the public during the adoption of the 2019 comprehensive update to the Village & Barrio Master Plan and provide direction to staff as appropriate. (Staff contact: Shelley Glennon, Community Development) City Manager’s Recommendation: Receive the presentation and provide direction as appropriate. ACTION: Received the report; and Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel to support Option 2-4 with changes and Option 2-5 (see minutes for details). Motion carried 4/0/1 (Hall – Absent). Motion by Mayor Pro Tem Blackburn, seconded by Council member Bhat-Patel to support Options 3-1, 3-2a and 3-3 (see minutes for details). Motion carried 4/0/1 (Hall – Absent). Motion by Council Member Norby, seconded by Council Member Acosta, to support Option 4-5 (see minutes for details). Motion carried 3/1/1 (Blackburn – No, Hall – Absent). Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to support Options 8-2b and 8-4(see minutes for details). Motion carried 4/0/1 (Hall – Absent). 14. SOUTH SHORE AGUA HEDIONDA LAGOON TRAIL UPDATE AND DIRECTION ON PURSUING THE PROJECT’S DESIGN, PUBLIC ENGAGEMENT AND DEVELOPMENT – Receive a project update and provide direction to staff as to whether or not the city should further pursue the design, public engagement and development of the South Shore Agua Hedionda Lagoon Trail Project within only the Hub Park Lease property. (Staff contact: Time Selke, Parks & Recreation) City Manager’s Recommendation: Receive the update and provide direction as appropriate. ACTION: Received the report. Motion by Council Member Bhat-Patel, seconded by Council Member Acosta approving Option No. 3 (see minutes for details). Motion carried 3/2, (Hall, Blackburn – No). 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 Nov. 16, 2021 Page 6 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 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: 7:11 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 Nov. 16, 2021 Page 7 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. 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.