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HomeMy WebLinkAbout2018-04-24; City Council; AgendasCITY COUNCIL April 24, 2018, 6 p.m. Welcome to Your City Council Meeting Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 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 Most City Council meetings take place at City Hall, 1200 Carlsbad Village Drive How to Participate On TV Spectrum~· AT&T U-verse Watch live and replays of meetings on Charter Spectrum channel 24 and AT&T U-verse channel 99 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. Online Watch the livestream and replay past meetings on the city website, www.carlsbadca.gov • 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 groups can select a single speaker as long as three other members of your group are present. 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 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 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. 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). CALL TO ORDER: 6:00 p.m. ANNOUNCEMENT OF CONCURRENT MEETINGS: Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item Nos. 8, 9 and 10. ROLL CALL: Present: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. Absent: M. Hall PLEDGE OF ALLEGIANCE: Council Member M. Packard. INVOCATION: None. APPROVAL OF MINUTES: ACTION: Approved, 5/0. Minutes of the Special Meeting held February 20, 2018. Minutes of the Special Meeting held March 15, 2018. PRESENTATION: Proclamation in recognition of Arbor Week PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and submit it to the City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward to the podium and state your name. 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 hvjCouncil, the City Manager, or the public request specific items be discussed and/or removed from the Consent Calendar for separate action. A request from the public to discuss an item must be filed with the City Clerk in writing prior to Council consideration of the Consent Calendar. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. This item was returned to staff. 1. SETTLEMENT OF WORKERS' COMPENSATION CLAIM -Adoption of a resolution authorizing settlement of the Workers' Compensation claim of Richard Galanos. (Staff contact: Donna Hernandez, Administrative Services) April 24, 2018 Page 2 2. LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC-Adoption of a resolution authorizing the City Manager to execute a license agreement with New Cingular Wireless PCS, LLC to operate a wireless communication facility at the Crossings Golf Course (APN: 212-270-01, 02 and 07). (Staff contact: Curtis Jackson, City Manager Department) ACTION: Adopted Resolution No. 2018-053. -3/1/1 (C. Schumacher -No; M. Hall -Absent). 3. REQUEST FOR PROPOSALS FOR LEASING HAWTHORNE PROPERTY -Adoption of a resolution authorizing the release of a Request for Proposals for leasing the property located at 2065 Camino Vida Roble, commonly known as the Hawthorne Property. (Staff contact: Curtis Jackson, City Manager Department) ACTION: Adopted Resolution No. 2018-054. -4/1 (M. Hall -Absent). 4. AGRICULTURAL LEASE AGREEMENT WITH REY RIVER FARMS, INC. -Adoption of a resolution authorizing the City Manager to execute an Agricultural Lease Agreement for one year with Rey River Farms, Inc. for a portion of APN: 210-090-17, commonly referred to as the Cannon Lake Park. (Staff contact: Curtis Jackson, City Manager Department) ACTION: Adopted Resolution No. 2018-055. -4/1 (M. Hall -Absent). 5. HOMELAND SECURITY GRANT PROGRAM -Adoption of a resolution accepting and appropriating funds in the amount of $82,262 for emergency management planning through the Fiscal Year 2017 State Homeland Security Grant Program. (Staff contact: David Harrison, Fire Department) ACTION: Adopted Resolution No. 2018-056. -4/1 (M. Hall -Absent). 6. HOMELAND SECURITY GRANT PROGRAM -Adoption of a resolution accepting and appropriating funds through the Fiscal Year 2017 State Homeland Security Grant Program, in an amount not to exceed $52,112. (Staff contact: Cindy Anderson, Police Department) ACTION: Adopted Resolution No. 2018-057. -4/1 (M. Hall -Absent). 7. CARLSBAD VILLAGE CENTER -Adoption of a resolution denying a Major Review Permit and Coastal Development Permit for 1) the removal of an existing retail use; and 2) the construction of a 25,631 square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five (5) residential apartments located at 2995 State Street in Land Use District 1 of the Village Review Zone, the Village Segment of the Local Coastal Program and within Local Facilities Management Zone 1. Case No: RP 16-13/CDP 16-35 (DEV16040). (Staff contact: Shannon Harker, Community & Economic Development) ACTION: Adopted Resolution No. 2018-058. -2/1/1/1 (M. Packard -No; M. Schumacher - Abstain; M. Hall -Absent). 8. AMENDMENT TO THE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC-Adoption of a CMWD resolution authorizing the Executive Manager to execute a first amendment to the license agreement between New Cingular Wireless PCS, LLC and the Carlsbad Municipal Water District allowing for the removal and replacement of a water tank ladder through the purchase and provision of a Z-Boom scissior lift machine located at the Twin D water tank site. (Staff contact: Curtis Jackson, City Manager Department) ACTION: Adopted Resolution No. 1593. -4/1 (M. Hall -Absent). April 24, 2018 Page 3 This item was continued at the request of staff. 9. AMENDMENT TO MASTER SALES AGREEMENT WITH ITRON, INC. DBA IBS -Adoption of a CMWD resolution authorizing the execution of Amendment No. 1 to the Master Sales Agreement with Itron, Inc. DBA IBS, in an amount not to exceed $148,316 for advanced metering infrastructure. (Staff contact: Mario Remillard, Public Works) 10. QUITCLAIM OF WATERLINE EASEMENT OVER LOT 18 OF MAP NO. 7292 -Adoption of a CMWD resolution approving a quitclaim of a waterline easement over a portion of a single family property located at 4936 Park Drive. (Staff contact: Tim Carroll, Community & Economic Development) ACTION: Adopted Resolution No. 1594. -4/1 (M. Hall -Absent). ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 11. WEED ABATEMENT PROGRAM PUBLIC HEARING -Receive public comments and adopt the resolution declaring as public nuisances weeds, rubbish and refuse upon private property in the City of Carlsbad in conjunction with the City of Carlsbad Weed Abatement Program. (Staff contact: Randy Metz, Fire Department) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Adopted Resolution No. 2018-059. -4/1 (M. Hall -Absent). DEPARTMENTAL AND CITY MANAGER REPORTS: 12. ANIMAL SERVICES AGREEMENT WITH SAN DIEGO HUMANE SOCIETY-Adopt a resolution authorizing the City Manager to execute the Animal Services Agreement with the San Diego Humane Society for animal control services in Fiscal Year 2018-19 in an amount not to exceed $941,341. (Staff contact: Cindy Anderson, Police Department) City Manager's Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2018-060. -4/1 (M. Hall -Absent). 13. DISCUSSION OF SAMPLE RESOLUTION IN SUPPORT OF GUN VIOLENCE PREVENTION -Discuss a sample resolution in support of gun violence prevention, and provide direction to staff. (Staff contact: Jason Haber, City Manager) City Manager's Recommendation: Discuss and provide direction to staff. ACTION: Motion was made for city/schools committee to develop resolution and present proposal to Council for final vote. -4/1 (M. Hall -Absent). April 24, 2018 Page 4 COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 1/10/18} Matt Hall North County Mayors and Managers Mayor San Diego County Water Authority (SDCWA) Board of Directors SAN DAG Board of Directors Keith Blackburn Mayor Pro Tern Mark Packard Council Member Michael Schumacher Council Member Buena Vista Lagoon JPC Encina Joint Powers (JAC) Encina Wastewater Authority Board of Directors North County Dispatch Joint Powers Authority SAN DAG Board of Directors (1st Alternate) Chamber of Commerce Liaison (primary) North County Transit District Board of Directors North County Dispatch Joint Powers Authority (alternate) SANDAG (2nd alternate) Chamber of Commerce Liaison (alternate) City/School Committee Encina Joint Powers (JAC) Encina Wastewater Authority Board of Directors San Diego County Regional Airport Authority Board of Directors Cori Schumacher Council Member Buena Vista Lagoon JPC League of California Cities -SD Division North County Transit District Board of Directors (alternate) City/School Committee 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. When you are called to speak, please come forward to the podium and state your name. The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and 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. 8:32 p.m. City Council Meeting Procedures (continued from page 1) April 24, 2018 Page 5 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 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 April 24, 2018 Page 6 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. April 24, 2018 Page 7