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HomeMy WebLinkAbout2020-06-09; City Council; AgendasJune 9, 2020, 3 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 Spectrum. AT&T U-verse Virtual meeting format City cable channel Charter Spectrum channel 24 AT&T U-verse channel 99. City website earl sbadca. gov/ news/ cityty. asp • 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 • By phone: Sign up at https://www.carlsbadca.gov/cityhall/clerk/meetings/default.asp by 2 p.m. the day of the meeting to provide comments live by phone. You will receive a confirmation email with instructions about how to call in. • 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 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. 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. 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: 3 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 April 21, 2020. Minutes of the Special Meeting held May 1, 2020. Minutes of the Special Meeting held May 12, 2020. Minutes of the Regular Meeting held May 19, 2020. ACTION: Approved Minutes as presented -4/0. PRESENTATIONS: Proclamation in recognition of National Historic Preservation Month and 3rd Grade Art Competition Winners. Proclamation in recognition of LGBTQ+ Pride Month. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced that the City Council authorized a settlement amount of $32,826.00 to Ran Enterprises. -4/0. PUBLIC COMMENT: In conformance with the Brown Act and California Executive Order No. N-29-20, a total of 15 minutes is provided so members of the public participate in the meeting by submitting comments as provided on the front page of this agenda. The City Clerk will read comments as requested up to a total of 15 minutes. All other comments requested to be read by the City Clerk will trail until the end of the meeting. In conformance with the Brown Act, no Council 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. A request from the public to discuss an item must be submitted to 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. LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC-Adoption of a resolution authorizing the city manager to execute and take all actions necessary to implement a license agreement between New Cingular Wireless PCS, LLC to operate a new wireless communication facility at Calavera Hills Community Park (APN: 167-101-35) (Staff contact: Curtis Jackson, Real Estate) ACTION: Adopted Resolution No. 2020-099 -4/0. 2. PURCHASE OF ANNUAL CISCO SMARTNET MAINTENANCE FROM LOGICALIS, INC. -Adoption of a resolution authorizing the city manager, or a designee, to purchase a Cisco SmartNet Maintenance June 9, 2020 Page 2 Plan from Logicalis, Inc., for an amount not to exceed $133,647.18 for a term ending June 30, 2021. (Staff contact: Maria Callander, Administrative Services) ACTION: Adopted Resolution No. 2020-100 -4/0. 3. ESTABLISH FISCAL YEAR 2020-21 SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 1 - Adoption of a resolution establishing the Fiscal Year 2020-21 Special Taxes for Community Facilities District No. 1. (Staff contact: Ryan Green, Administrative Services) ACTION: Adopted Resolution No. 2020-101 -4/0. 4. FISCAL YEAR 2020-21 PRELIMINARY ENGINEER'S REPORT FOR LEVY OF ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING DISTRICT NO. 1 -Adoption of a resolution initiating the proceedings, approving the Preliminary Engineer's Report for Fiscal Year 2020-21 and setting a Public Hearing for July 14, 2020 for the Annual Levy of Assessments within Lighting and Landscaping District No. 1, a Special Assessment District. (Staff contact: Jason Rosado, Administrative Services) ACTION: Adopted Resolution No. 2020-102 -4/0. 5. FISCAL YEAR 2020-21 PRELIMINARY ENGINEER'S REPORT FOR LEVY OF ASSESSMENTS WITHIN LIGHTING AND LANDSCAPING DISTRICT NO. 2 -Adoption of a resolution initiating the proceedings, approving the Preliminary Engineer's Report for Fiscal Year 2020-21 and setting a Public Hearing for July 14, 2020 for the Annual Levy of Assessments within Lighting and Landscaping District No. 2, a Special Assessment District. (Staff contact: Jason Rosado, Administrative Services) ACTION: Adopted Resolution No. 2020-103 -4/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 6. AMENDMENTS TO CARLSBAD MUNICIPAL CODE CHAPTER 1.08. PENALTIES. AND CHAPTER 1.10, ADMINISTRATIVE CODE ENFORCEMENT REMEDIES -Adoption of Ordinance No. CS-374 amending Title 1, Chapter 1.08, Penalties of the Carlsbad Municipal Code; and Adoption of Ordinance No. CS-375 amending Title 1, Chapter 1.10, Administrative Code Enforcement Remedies of the Carlsbad Municipal Code. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance Nos. CS-374 and CS-375. ACTION: Adopted Ordinance No. CS-374 -4/0. ACTION: Adopted Ordinance No. CS-375 -4/0. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. COVID-19 ACTIONS AND EXPENDITURES REPORT -Receive a report on recent actions and expenditures related to the city's response to the COVID-19 pandemic and provide direction as appropriate. (Staff contact: Geoff Patnoe, City Manager Department) City Manager's Recommendation: Receive the report and provide direction as appropriate. ACTION: Council received the report. 8. DETERMINATION OF FOUR DEFICIENT STREET FACILITIES -Adoption of a resolution determining deficiencies of four street facilities according to the Growth Management Plan Vehicular Level of Service Standard Based upon the FY 2017-2018 Annual Monitoring Report; and June 9, 2020 Page 3 Adoption of a resolution exempting street facilities from the Growth Management Plan Vehicular Level of Service Standard, pursuant to Mobility 3-P.9, thereby refocusing planning efforts at these street facilities to transportation demand management strategies to reduce overall trip generation, and adoption of CEQA findings; and, Adoption of a resolution expediting CIP Project No. 6094 (widening northbound El Camino Real from Sunny Creek Road to Jackspar Drive, and adoption of CEQA findings. (Staff contact: Paz Gomez, Public Works) City Manager's Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2020-104 -4/0. ACTION: Adopted Resolution No. 2020-105 -3/1 (Schumacher-No) ACTION: Adopted Resolution No. 2020-106 -4/0. 9. FISCAL YEAR 2020-21 INTERNAL AUDIT PLAN AND UPDATE ON AUDIT ACTIVITIES-Receive a report on the results of internal audit activities and annual audit plan for fiscal year 2019-20 and adoption of a resolution approving the Internal Audit Plan for Fiscal Year 2020-21. (Staff contact: Brigid Okyere and Laura Rocha, Administrative Services) City Manager's Recommendation: Receive the report and adopt the resolution. ACTION: Adopted Resolution No. 2020-107 -4/0. 10. SUSTAINABLE MATERIALS MANAGEMENT UPDATE ON SOLID WASTE FRANCHISE AGREEMENTS FOR COLLECTION, PROCESSING AND DISPOSAL SERVICES -Receive an informational report on the city's franchise agreements related to recycling, organics and solid waste collection, organic materials processing service and transfer and disposal of solid waste material generated within the city. (Staff contact: James Wood, Public Works) City Manager's Recommendation: Receive the report. ACTION: Council received the report. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 4/7 /20) Matt Hall North County Mayors and Managers Mayor City/School Committee Chamber of Commerce Liaison (primary) Clean Energy Alliance JPA (alternate) San Diego County Water Authority San Diego Regional Economic Development Corporation Board of Directors Keith Blackburn Mayor Pro Tern Priya Bhat-Patel Council Member -District 3 June 9, 2020 Buena Vista Lagoon JPC Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority Chamber of Commerce Liaison (alternate) SAN DAG (l5t alternate) North County Transit District (alternate) SAN DAG (2nd alternate) North County Transit District (primary) City/School Committee League of California Cities -SD Division Encina Wastewater Authority/JAC Board of Directors (alternate) Page4 Cori Schumacher SANDAG (primary) Council Member -District 1 Buena Vista Lagoon JPC Clean Energy Alliance JPA (primary) Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority {alternate) Vacant -At-Large Council Member 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. The City Clerk shall read any remaining public comments into the record. 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: 5:37 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. June 9, 2020 Page 5 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 ofthe 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. June 9, 2020 Page 6