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Home My WebLink About2019-10-15; City Council; AgendasCITY COUNCIL Oct. 15, 2019 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. ROLL CALL: Hall, Bhat-Patel, Blackburn, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held Sept. 17, 2019 Minutes of the Special Meeting held Oct. 8, 2019 ACTION: Approved Minutes as presented -4/0. PRESENTATION: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: N/A. 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. AMENDMENT TO AGREEMENT WITH MICHAEL BAKER INTERNATIONAL -Adoption of a Resolution approving a two-year extension to an agreement between the City of Carlsbad and Michael Baker International to complete a comprehensive update to the City's Local Coastal Program and Zoning Ordinance. (Staff contact: Jennifer Jesser, Community & Economic Development) ACTION: Adopted Resolution No. 2019-202 -4/0. 2. AMENDMENT TO CONTRACT WITH PALOMAR TRANSFER STATION -Adoption of a Resolution approving Amendment No. 4 to the Agreement for Transfer Station and Disposal Services between the City of Carlsbad and Palomar Transfer Station, Inc. to compost the city's green waste at Agromin -OC, LLC effective Jan. 1, 2020; and, Oct. 15, 2019 Page 2 Adoption of a Resolution setting Dec. 10, 2019, as the Public Hearing date for proposed recycling and trash rate increases relating to green waste service. (Staff contact: James Wood, Public Works) ACTION: Adopted Resolution Nos. 2019-203 and 2019-204 -4/0. 3. DESIGNATE COAST WASTE MANAGEMENT AS APPROVED COLLECTOR OF ELECTRONIC WASTE - Adoption of a Resolution authorizing execution and submittal of a Proof of Designation letter, Form 184, to the California Department of Resources Recycling and Recovery to designate Coast Waste Management, Inc. as an approved collector of electronic waste for the City of Carlsbad. (Staff Contact: James Wood, Public Works) ACTION: Adopted Resolution No. 2019-205 -4/0. 4. FISCAL YEAR 2019 EDWARD BYRNE MEMORIALJUSTICE ASSISTANCE GRANT-Adoption of a Resolution authorizing the City Manager to accept the FY2019 Edward Byrne Memorial Justice Assistance Grant Funds and authorize the Administrative Services Director or his/her designee to appropriate $14,710 to the Public Safety Grants Special Revenue Fund. (Staff contact: Cindy Anderson, Police) ACTION: Adopted Resolution No. 2019-206 -4/0. 5. ACCEPTANCE OF FISCAL YEAR 2018 HOMELAND SECURITY GRANT PROGRAM FUNDS -Adoption of a Resolution accepting and appropriating funds through the Fiscal Year 2018 Homeland Security Grant Program in an amount not to exceed $46,413. (Staff contact: Cindy Anderson, Police) ACTION: Adopted Resolution No. 2019-207 -4/0. 6. EXTENSION OF TERM OF THE AD-HOC CITY COUNCIL EXPRESSIVE ACTIVITIES ORDINANCE SUBCOMMITTEE -Adoption of a Resolution authorizing a 30-day extension for the term of the ad-hoc City Council Expressive Activities Ordinance Subcommittee. (Staff contact: Sheila Cobian, City Clerk Services) ACTION: Adopted Resolution No. 2019-208-4/0. ORDINANCES FOR INTRODUCTION: 7. INTRODUCTION OF ORDINANCES ADOPTING THE CALIFORNIA FIRE CODE AND THE CALIFORNIA BUILDING CODE AND RELATED CALIFORNIA CODES FOR CONSTRUCTION AND SET A PUBLIC HEARING DATE FOR NOV. 12, 2019 -Introduce an Ordinance repealing existing Chapter 17.04 of the Carlsbad Municipal Code and adopting a new Chapter 17.04, Fire Prevention Code based on the 2019 California Fire Code; and, Introduce an Ordinance repealing existing Carlsbad Municipal Code Chapter 18.04 (Building Code), Chapter 18.08 (Mechanical Code), Chapter 18.12 (Electrical Code), Chapter 18.16 (Plumbing Code), Chapter 18.18 (Solar Energy Code), Chapter 18.20 (Residential Code), Chapter 18.21 (Green Building Standards Code), and Chapter 18.30 (Energy Conservation Regulations); and adopting new Chapter 18.04 (Building Code), Chapter 18.08 (Mechanical Code), Chapter 18.12 (Electrical Code), Chapter 18.16 (Plumbing Code), Chapter 18.18 (Solar Energy Code), Chapter 18.20 (Residential Code), Chapter 18.21 (Green Building Standards Code), and Chapter 18.30 (Energy Conservation Regulations), based on the 2019 California Building Standards Code and as amended herein; and, Set a public hearing date for Nov. 12, 2019. (Staff contact: Mike Peterson, Community & Economic Development and Randy Metz, Fire) City Manager's Recommendation: Introduce the Ordinances and set the Public Hearing date for Nov. 12, 2019. ACTION: Introduced Ordinance Nos. CS-363 and CS-364 -4/0. ACTION: Minute Motion to set Public Hearing date for Nov. 12, 2019 -4/0. Oct. 15, 2019 Page 3 ORDINANCES FOR ADOPTION: 8. ADOPTION OF ORDINANCE NO. CS-361 APPROVING AN AMENDMENT TO THE CARLSBAD MUNICIPAL CODE TO UPDATE STAFF ROLES FOR REVIEWING AND APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC CONTROL DEVICES AND CONSTRUCTION PROJECTS-Adopt Ordinance No. CS-361 amending Carlsbad Municipal Code Chapter 3.28, and Sections 5.29.040 and 10.08.060 regarding review and approval of plans and specifications for traffic control devices and construction projects. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance No. CS-361. ACTION: Adopted Ordinance No. CS-361-4/0. 9. ADOPTION OF ORDINANCE NO. CS-362 TO IMPLEMENT A COMMUNITY CHOICE AGGREGATION PROGRAM -Adopt Ordinance No. CS-362 authorizing the implementation of a Community Choice Aggregation Program. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance No. CS-362. ACTION: Adopted Ordinance No. CS-362 -4/0. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. REPORT ON ENHANCING SECURITY CITYWIDE -Receive a report on enhancing security citywide. {Staff contact: Cindy Anderson, Police) City Manager's Recommendation: Receive the report. ACTION: Council received the report. 11. PROPOSED ENHANCEMENTS TO THE INTERSTATE 5 UNDERCROSSINGS AT CARLSBAD VILLAGE DRIVE AND CHESTNUT AVENUE -Receive a presentation from the California Department of Transportation and the San Diego Association of Governments regarding proposed enhancements to the Interstate 5 undercrossings at Carlsbad Village Drive and Chestnut Avenue as part of the North Coast Corridor Program; and, Adopt a Resolution supporting the selection of Chestnut Avenue as the preferred undercrossing location for this phase. (Staff contact: Hossein Ajideh, Public Works) City Manager's Recommendation: Receive the presentation and adopt the Resolution. ACTION: Council received the presentation and adopted Resolution No. 2019-209 -4/0. 12. PRESENTATION OF BUSINESS IMPROVEMENT DISTRICTS ANNUAL REPORTS FOR FISCAL YEAR 2018-19 Acceptance of Carlsbad Business Improvement Districts {BID) Annual Reports for fiscal year 2018-19. (Staff contact: Cheryl Gerhardt, Administrative Services) City Manager's Recommendation: Accept the reports. ACTION: Council received the reports. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: Oct. 15, 2019 Page 4 City Council Regional Assignments (Revised 1/08/19) Matt Hall North County Mayors and Managers Mayor City/School Committee Keith Blackburn Council Member Priya Bhat-Patel Mayor Pro Tern Cori Schumacher Council Member Vacant -District No. 1 Council Member Chamber of Commerce Liaison (primary) San Diego County Water Authority San Diego Regional Economic Development Corporation Board of Directors Buena Vista Lagoon JPC Encina Wastewater Authority/Joint Powers Board of Directors North County Dispatch Joint Powers Authority Chamber of Commerce Liaison (alternate) SAN DAG (2 nd alternate) North County Transit District (primary) City/School Committee League of California Cities -SD Division SANDAG (primary) Buena Vista Lagoon JPC Encina Wastewater Authority Board of Directors (alternate) SAN DAG {l51 alternate) Encina Wastewater Authority/Joint Powers Board of Directors North County Dispatch Joint Powers Authority (alternate) 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. 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: 7:10 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 Oct. 15, 2019 Page 5 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 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. Oct. 15, 2019 Page 6 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. Oct. 15, 2019 Page 7