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HomeMy WebLinkAbout2020-02-11; City Council; AgendasFeb. 11, 2020 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/manth). 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. ROLL CALL: Hall, Blackburn, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Jan. 14, 2020. Minutes of the Special Meeting held Jan. 21, 2020. ACTION: Approved Minutes as presented. -4/0. PRESENTATION: Great Kindness Challenge Presentation. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced that Item No. 1 had no reportable action and for Item No. 2, the City Council authorized initiation of litigation and that the complaint will be made public upon service. 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 Council, 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. 1. REPORT ON CITY INVESTMENTS-Acceptance of Report on City Investments as of Dec. 31, 2019. (Staff contact: Craig Lindholm, City Treasurer and Laura Rocha, Administrative Services) ACTION: City Council received the report. ORDINANCES FOR INTRODUCTION: None. Feb. 11,2020 Page2 ORDINANCES FOR ADOPTION: 2. REPEAL PROVISIONS OF THE CARLSBAD MUNICIPAL CODE THAT ARE OBSOLETE OR CONFLICT WITH OTHER LAWS-Adoption of Ordinance No. CS-369 repealing Chapters 5.30, 6.15, 8.08, and 8.49 of the Carlsbad Municipal Code; and, Adoption of Ordinance No. CS-370 repealing Section 2.06.070 of the Carlsbad Municipal Code. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance Nos. CS-369 and CS-370. ACTION: Adopted Ordinance No. CS-369 and Ordinance No. CS-370. -4/0. 3. AMENDMENTS TO CARLSBAD MUNICIPAL CODE SECTION 2.40.060 -HOUSING COMMISSION FUNCTIONS -Adoption of Ordinance No. CS-371 amending Carlsbad Municipal Code Section 2.40.060 regarding Housing Commission Functions. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance No. CS-371. ACTION: Adopted Ordinance No. CS-371. -4/0. PUBLIC HEARINGS: 4. UPDATE CITY'S FLOODPLAIN MANAGEMENT REGULATIONS TO ENSURE CONSISTENCY WITH FEDERAL GUIDELINES -Introduction of an ordinance approving a Zone Code Amendment and Local Coastal Program amendment to ensure consistency with federal guidelines related to Floodplain Management Regulations. Case Name: Floodplain Management Regulations Amendments. Case No. ZCA 2019- 0001/LCPA 2019-0004 (PUB2019-0010); and, Adoption of a resolution approving a Zone Code Amendment and a Local Coastal Program Amendment to update the City's Floodplain Management Regulations to ensure consistency with federal guidelines related to Floodplain Management Regulations. (Staff contact: Melanie Saucier, Community Development) City Manager's Recommendation: Take public input, close the public hearing, introduce the ordinance and adopt the resolution. ACTION: Item continued to the April 7, 2020 City Council Meeting. -4/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 5. ACQUISITION OF REAL PROPERTY COMMONLY KNOWN AS AURA CIRCLE -Adoption of a resolution authorizing the mayor to execute all appropriate acquisition documents, and for the city clerk to execute the Certificate of Acceptance of the Grant Deed for the acquisition of real property commonly known as the Aura Circle from Pacific Legacy Homes, Inc. for the purchase price of $2,070,000, plus half of the closing costs (estimated at $10,000). (Staff contact: Curtis Jackson, Real Estate) City Manager's Recommendation: Adopt the resolution. ACTION: Adopted Resolution 2020-035 noting the current encroachments to the property. (See Minutes for details) -4/0. Feb. 11,2020 Page 3 6. CONSIDERATION OF THE CITY'S PARTNERSHIP WITH NEW VILLAGE ARTS -Consider and discuss the city's partnership with New Village Arts and provide direction to staff as appropriate. (Staff contact: Richard Schultz, Library & Cultural Arts) City Manager's Recommendation: Receive the report and provide direction to staff as appropriate. Minute Motion by Council Member Schumacher, seconded by Council Member Bhat-Patel, to direct staff to schedule future meetings within 30-60 days with New Village Arts to discuss a long-term lease. -4/0. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Blackburn, to direct staff with no date certain to initiate a State Street Arts Specific Plan with New Village Arts. -4/0. 7. APPOINT ONE MEMBER TO THE BEACH PRESERVATION COMMISSION -Adoption of a resolution appointing one member to the Beach Preservation Commission. (Staff contact: Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2020-036 appointing Jennifer Bradley to the Beach Preservation Commission. -4/0. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 1/14/20) Matt Hall North County Mayors and Managers Mayor City/School Committee Keith Blackburn Mayor Pro Tern Priya Bhat-Patel Council Member Chamber of Commerce Liaison (primary) San Diego County Water Authority Buena Vista Lagoon JPC Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority Chamber of Commerce Liaison (alternate) SAN DAG (1'1 alternate) North County Transit District (alternate) SANDAG (2nd alternate) North County Transit District (primary) City/School Committee League of California Cities -SD Division Encina Wastewater Authority/JAC Board of Directors (alternate) Cori Schumacher Council Member Vacant -District No. 1 Council Member Feb.11,2020 SANDAG (primary) Buena Vista Lagoon JPC Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority (alternate) Page 4 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. Minute Motion by Council Member Schumacher, seconded by Mayor Hall to schedule discussion of the homeless veterans housing project at a future City Council Workshop meeting. CITY MANAGER COMMENTS: City Manager Scott Chadwick announced that the City Council Workshop meeting scheduled for February 18, 2020 has been cancelled. He also announced the hiring of Geoff Patnoe as the new Assistant City Manager. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: 8:00 p.m. In accordance with Carlsbad Municipal Code (CMC) Section 20.20.20, notice is hereby given that the City Engineer has reviewed and, immediately following this City Council Meeting of Feb. 11, 2020 will approve the following final map: Carlsbad Tract CT 2017-0004 located generally at 3095 Madison Street. Specifically, the City Engineer has caused the map to be examined and has made the following findings: 1) The map substantially conforms to the approved tentative map, and approved alterations thereof and any conditions of approval imposed with said tentative map. 2) The map complies with the provisions of the Subdivision map Act and any local ordinances applicable at the time of approval of the tentative map. 3) The map is technically correct. Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 10 calendar days from the date of the City Engineer's action. The appeal shall specifically state the reason(s) for the appeal; see CMC Section 20.20.165 and 21.54.150. If you have any question about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact the City Clerk's Office at (760) 434-2808. 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 Feb.11,2020 Page 5 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 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. Feb. 11,2020 Page6 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. Feb.11,2020 Page 7