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HomeMy WebLinkAbout2021-12-07; 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/97725119113 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: (213) 338 – 8477 and enter Meeting ID: 977 2511 9113. 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. Dec. 7, 2021, 3 p.m. Dec. 7, 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: That the City Council is serving as the Carlsbad Public Financing Authority on Consent Item No. 5. INVOCATION: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Oct. 12, 2021 Minutes of the Special Meeting held Nov. 2, 2021 Minutes of the Special Meeting held Nov. 16, 2021 ACTION: Minutes approved as presented – 5/0. PRESENTATIONS: Proclamation in Recognition of Parks & Recreation Commissioner Matt Simmons 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 OCT. 31, 2021 – Accept and file Report on City Investments as of Oct. 31, 2021. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Received the report – 5/0. 2. DISCRETIONARY LEAVE PROGRAM – Adoption of a resolution authorizing the City Manager to develop and implement a Discretionary Leave Program. (Staff contact: Lori Shonley and Judy von Dec. 7, 2021 Page 3 Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2021-259 – 5/0. 3. SIDE LETTER AGREEMENTS WITH THE EMPLOYEE ASSOCIATIONS ON MODIFICATIONS TO THE CITY'S CALCULATIONS OF OVERTIME – Adoption of a resolution approving side letter agreements with the Carlsbad Police Officers’ Association, Carlsbad Police Management Association and Carlsbad City Employees’ Association to modify articles of the Memoranda of Understanding between the City and these associations relating to the calculation of overtime under the Fair Labor Standards Act and authorizing the City Manager to address any related past underpayments. (Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2021-260 – 5/0. 4. APPROVAL OF 2022-2026 PRESERVE MANAGEMENT PLAN AND AGREEMENT WITH CENTER FOR NATURAL LANDS MANAGEMENT FOR OPEN SPACE PRESERVES – 1) Adoption of a resolution approving the City of Carlsbad 2022-2026 Preserve Management Plan, guiding the management, maintenance and monitoring of the city-owned open space reserves; and 2) Adoption of a resolution approving a professional services agreement with The Center for Natural Lands Management for the management, maintenance and monitoring of the City of Carlsbad open space preserves, in an amount not to exceed $280,305 per year. (Staff contact: Tim Selke, Parks & Recreation) ACTION: Adopted Resolution Nos. 2021-261 and 2021-262 – 5/0. 5. PURCHASE OF 89 GOLF CARTS AND SIX ANCILLARY CARTS FROM EZGO – Adoption of a Carlsbad Public Financing Authority Board of Directors resolution approving the purchase of 89 golf carts and six ancillary carts from EZGO, in an amount not to exceed $363,212. (Staff contact: Tim Selke, Parks & Recreation) ACTION: Adopted PFA Resolution No. 87 – 5/0. 6. AWARD OF CONTRACT TO THARSOS, INC. FOR CONSTRUCTION OF THE VILLAS LIFT STATION REPLACEMENT PROJECT, CIP PROJECT NO. 5550 – Adoption of a resolution accepting bids, awarding a construction contract to Tharsos Inc. for construction of the Villas Lift Station Replacement Project, CIP Project No. 5550 and approving additional appropriation of $64,000. (Staff contact: Dave Padilla and Sean Diaz, Public Works) ACTION: Adopted Resolution No. 2021-263 – 5/0. 7. AGREEMENT WITH NASLAND ENGINEERING FOR ENGINEERING DESIGN SERVICES FOR THE AVENIDA ENCINAS COASTAL RAIL TRAIL AND PEDESTRIAN IMPROVEMENT PROJECT, CIP PROJECT NO. 6004 – Adoption of a resolution authorizing execution of a professional services agreement with Nasland Engineering, a California Corporation, to provide engineering design and environmental services for the Avenida Encinas Coastal Rail Trail and Pedestrian Improvements Project, CIP Project No. 6004. (Staff contact: Brandon Miles, Public Works) ACTION: Adopted Resolution No. 2021-264 – 5/0. 8. ADVERTISE FOR BIDS FOR THE CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENTS PROJECT, CIP PROJECT NO. 6097 – Adoption of a resolution approving plans and specifications, authorizing the Dec. 7, 2021 Page 4 City Clerk to advertise for bids, and authorizing additional appropriation of $113,700 for the Carlsbad Boulevard Pedestrian Improvements Project, CIP Project No. 6097. (Staff contact: John Kim, Public Works) ACTION: Adopted Resolution No. 2021-265 – 5/0. ORDINANCES FOR INTRODUCTION: 9. ORDINANCE AMENDING CHAPTER 10.40, SECTION 10.40.180(D)(6) TO ALLOW ENFORCEMENT OF THE CITY’S BAN ON OVERNIGHT PARKING OF OVERSIZED VEHICLES DURING A DECLARED EMERGENCY – Introduction of an ordinance amending Carlsbad Municipal Code Chapter 10.40, Section 10.40.180 regarding the parking of oversized vehicles. (Staff contact: Steve Thomas, Police Department and Allegra Frost, City Attorney Department) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-411 – 5/0. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AGE-FRIENDLY CARLSBAD ACTION PLAN – Adoption of a resolution approving the Age-Friendly Carlsbad Action Plan. (Staff contact: David Graham and Joe Stewart, Administrative Services Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2021-266 – 5/0. 11. REQUEST FROM CHELSEA INVESTMENT CORPORATION FOR $1.5 MILLION DOLLAR LOAN FROM THE HOUSING TRUST FUND FOR WEST OAKS APARTMENTS AND AFFORDABLE HOUSING AGREEMENT – 1) Adoption of a resolution approving a $1,500,000 loan from the Housing Trust Fund to Chelsea Investment Corporation for the West Oaks Affordable Housing Project (DEV 2013- 018); and 2) Adoption of a resolution approving an affordable housing agreement to satisfy the inclusionary housing requirement for the West Oaks Development (DEV 2013-018). (Staff contact: Mandy Mills, Housing & Homeless Services) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution Nos. 2021-267 and 2021-268 – 5/0. 12. HOMELESS QUARTERLY UPDATE JULY 1 – SEPT. 30, 2021 – 1) Receive a quarterly update on the city’s goal to reduce its unsheltered homeless population; and 2) Adoption of a resolution approving an amended City Council Homelessness Goal Work Plan. (Staff contact: Mandy Mills and Holly Nelson, Housing & Homeless Services) City Manager’s Recommendation: Receive the update and adopt the resolution. ACTION: Adopted Resolution No. 2021-269- 5/0. Dec. 7, 2021 Page 5 13. MAYORAL APPOINTMENT OF THREE MEMBERS TO THE SENIOR COMMISSION – 1) Adoption of a resolution appointing one member to the Senior Commission; and 2) Adoption of a resolution appointing one member to the Senior Commission; and 3) Adoption of a resolution appointing one member to the Senior Commission. (Staff contact: Tammy McMinn, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolutions. Adopted Resolution Nos. 2021-270, appointing Bradley McReynolds (Dist. 1); 2021-271, appointing Marcia Venegas Garcia (Dist. 2); and 2021-272, appointing Nelson Ross (Dist. 3) – 5/0. 14. MAYORAL APPOINTMENT OF TWO MEMBERS TO THE TRAFFIC & MOBILITY COMMISSION – 1) Adoption of a resolution appointing one member to the Traffic & Mobility Commission; and 2) Adoption of a resolution appointing one member to the Traffic & Mobility Commission. (Staff contact: Tammy McMinn, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution Nos. 2021-273, appointing Diane Proulx (Dist. 2) and 2021- 274, appointing Dominic Peterson (Dist. 3) – 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 Dec. 7, 2021 Page 6 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: 5:23 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. Dec. 7, 2021 Page 7 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.