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HomeMy WebLinkAbout2020-09-15; City Council; Agendas 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). 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/news/cityty.asp 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 • 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. 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. 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. Sept. 15, 2020, 3 p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Sept. 15, 2020 Page 2 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 Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held August 25, 2020 Minutes of the Special Meeting held September 1, 2020 Minutes of the Special Meeting held September 3, 2020 Minutes of the Special Meeting held September 10, 2020 ACTION: Approved Minutes as presented – 4/0. PRESENTATIONS: National Preparedness Month Proclamation PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. 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 Council will receive comments as requested up to a total of 15 minutes. All other comments 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. 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. AGREEMENT WITH URBAN CORPS OF SAN DIEGO FOR CITYWIDE PARKS SANITATION SERVICES DURING THE COVID-19 PANDEMIC – Adoption of a resolution authorizing a professional services agreement with Urban Corps of San Diego for citywide parks sanitation services due to COVID-19 impacts. (Staff contact: Tim Selke, Parks & Recreation) ACTION: Adopted Resolution No. 2020-184 – 4/0. 2. AWARD OF CONTRACT TO HWK CONSTRUCTION SERVICES FOR THE POINSETTIA LIFT STATION FORCE MAIN HYDRAULIC SURGE PROTECTION – Adoption of a resolution accepting bids and awarding a contract to HWK Construction Services for construction of the Poinsettia Lift Station force main hydraulic surge protection, CIP Project No. 5503-14, in an amount not to exceed $377,304. (Staff contact: Vicki Quiram and David Hull, Public Works) ACTION: Adopted Resolution No. 2020-185 – 4/0. 3. ADVERTISE FOR BIDS FOR THE FY 2020-21 PAVEMENT OVERLAY CIP PROJECT NO. 6001-20OL – Adoption of a resolution approving the plans and specifications and authorizing the City Clerk to Sept. 15, 2020 Page 3 advertise for bids for the Fiscal Year 2020-21 Pavement Overlay, CIP Project No. 6001-20OL. (Staff contact: Emad Elias, Public Works) ACTION: Adopted Resolution No. 2020-186 – 3/0/1 (Bhat-Patel – Abstain). 4. 2020 GENERAL ELECTION POLL LOCATIONS – Adoption of a resolution authorizing the use of Calavera Community Park Gym, Pine Avenue Community Center and Stagecoach Community Center as training centers and poll locations for the 2020 General Election and waive any associated facility use fees. (Staff contact: Faviola Medina, City Clerk Department) ACTION: Adopted Resolution No. 2020-187 – 4/0. 5. RELEASE OF A REQUEST FOR PROPOSALS TO SELL A PROPERTY LOCATED ON PAJAMA DRIVE IN OCEANSIDE – Adoption of a resolution authorizing the release of a Request for Proposals for the sale of property located in the City of Oceanside on Pajama Drive, APN: 149-070-47-00. (Staff contact: Curtis Jackson, Real Estate) ACTION: Adopted Resolution No. 2020-188 – 4/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 6. ORDINANCE NO. CS-382 - UPDATE TO THE CITY’S DENSITY BONUS REGULATIONS TO REFLECT CHANGES IN STATE LAW – Adoption of Ordinance No. CS-382 adopting a Zone Code amendment and a Local Coastal Program amendment to update the city’s density bonus regulations to reflect changes in state law (Case Name: Density Bonus Amendments 2020; Case No.: ZCA 2020- 0001/LCPA 2020-0005). (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt Ordinance No. CS-382. ACTION: Adopted Ordinance No. CS-382 – 4/0. 7. ORDINANCE NOS. CS-383 AND CS-384 - UPDATE TO THE CITY’S DEVELOPMENT REGULATIONS TO ENSURE CONSISTENCY WITH STATE LAW ON ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS – 1) Adoption of Ordinance No. CS-383 adopting amendments to the Carlsbad Municipal Code Chapter 5.60 (Short-Term Vacation Rentals) to ensure consistency with state law related to accessory dwelling units and junior accessory dwelling units (Case Name: Accessory Dwelling Unit Amendments 2020; Case No.: MCA 2020-0001); 2) Adoption of Ordinance No. CS-384 adopting amendments to Title 21 of the Carlsbad Municipal Code (Zone Code), Village and Barrio Master Plan and Local Coastal Program to ensure consistency with state law related to accessory dwelling units and junior accessory dwelling units (Case Name: Accessory Dwelling Unit Amendments 2020; Case No.: ZCA 2020-0002/AMEND 2020-0005/LCPA 2020-0006). (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt Ordinance Nos. CS-383 and CS-384. ACTION: Adopted Ordinance No. CS-383 – 4/0. ACTION: Adopted Ordinance No. CS-384 – 4/0. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. COMMERCIAL EVICTION MORATORIUM AND RECENT RESIDENTIAL EVICTION RELIEF DEVELOPMENT UPDATE – Receive an update on the city’s commercial eviction moratorium and Sept. 15, 2020 Page 4 recent residential eviction relief developments. (Staff contact: David Graham, Administrative Services and Cindie McMahon, City Attorney Department) City Manager’s Recommendation: Receive the update. ACTION: Council received the report. 9. TEMPORARILY SUSPEND OR MODIFY CERTAIN LAND DEVELOPMENT STANDARDS IN THE WESTFIELD CARLSBAD SPECIFIC PLAN TO MITIGATE THE ECONOMIC EFFECTS OF THE COVID-19 PANDEMIC STATE OF EMERGENCY ON LOCAL BUSINESSES – Adoption of a resolution empowering the director of emergency services to temporarily suspend or modify certain land development standards in the Westfield Carlsbad Specific Plan to mitigate the economic effects of the COVID- 19 pandemic State of Emergency on local businesses. (Staff contact: Jeff Murphy, Community Development) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2020-189 – 4/0. 10. TRAFFIC AND MOBILITY COMMISSION WORK PLAN FOR FY 2020-21 – 1) Adoption of a resolution approving the Traffic and Mobility Commission Work Plan for Fiscal Year 2020-21; and 2) Provide direction to the Traffic and Mobility Commission on priorities of items within the work plan and level of detail of Traffic and Mobility Commission meeting minutes. (Staff contact: Nathan Schmidt, Public Works) City Manager’s Recommendation: Adopt the resolution and provide staff direction. ACTION: Adopted Resolution No. 2020-190 and provided staff with further direction (see minutes for details) – 4/0. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 4/7/20) Matt Hall Mayor North County Mayors and Managers 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 City Council Legislative Subcommittee Economic Revitalization Subcommittee Ad-Hoc City Council North County Homeless Action Plan Subcommittee Keith Blackburn Mayor Pro Tem Buena Vista Lagoon JPC Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority Chamber of Commerce Liaison (alternate) SANDAG (1st alternate) North County Transit District (alternate) Carlsbad Municipal Code and City Council Policy Update Subcommittee Priya Bhat-Patel Council Member – District 3 SANDAG (2nd alternate) North County Transit District (primary) City/School Committee League of California Cities – SD Division Sept. 15, 2020 Page 5 Encina Wastewater Authority/JAC Board of Directors (alternate) City Council Legislative Subcommittee Economic Revitalization Subcommittee Ad-Hoc City Council North County Homeless Action Plan Subcommittee Cori Schumacher Council Member – District 1 SANDAG (primary) Buena Vista Lagoon JPC Clean Energy Alliance JPA (primary) Encina Wastewater Authority/JAC Board of Directors North County Dispatch Joint Powers Authority (alternate) Carlsbad Municipal Code and City Council Policy Update Subcommittee 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. 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: 3:56 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. Sept. 15, 2020 Page 6 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.