HomeMy WebLinkAbout2021-05-18; 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/citytv.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 decide.
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.
May 18, 2021, 3 p.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
May 18, 2021 Page 2
CALL TO ORDER: 3 p.m.
ROLL CALL: Hall, Blackburn, Acosta, 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: None.
PRESENTATIONS:
Proclamation in Recognition of Public Works Week
Proclamation in Recognition of Building Safety Month
Acceptance of Donation from Carlsbad Library & Arts Foundation
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None.
PUBLIC COMMENT: The Brown Act allows any member of the public to comment on items not on the
agenda. Please treat others with courtesy, civility, and respect. 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
may 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 in the beginning of the
meeting. All other comments will be heard at the end of the meeting. In conformance with the Brown
Act, no 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. ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
SPECIAL ASSESSMENT DISTRICT – Adoption of a resolution initiating the proceedings, approving
the preliminary Engineer’s Report for fiscal year 2021-22 and setting a public hearing for July 13,
2021 for the Annual Levy of Assessments within Lighting and Landscaping District No. 1, a Special
Assessment District. (Staff contact: Jason Rosado, Administrative Services Department)
ACTION: Adopted Resolution No. 2021-115 – 5/0.
2. ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2
SPECIAL ASSESSMENT DISTRICT – Adoption of a resolution initiating the proceedings, approving
the preliminary Engineer’s Report for fiscal year 2021-22 and setting a public hearing for July 13,
2021 for the Annual Levy of Assessments within Lighting and Landscaping District No. 2, a Special
Assessment District. (Staff contact: Jason Rosado, Administrative Services Department)
ACTION: Adopted Resolution No. 2021-116 – 5/0.
May 18, 2021 Page 3
3. ANNUAL LEVY OF BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE
DISTRICT BENEFIT AREA NO. 1 – Adoption of a resolution authorizing the annual levy of benefit
assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year
2021-22. (Staff contact: Jason Rosado, Administrative Services Department)
ACTION: Adopted Resolution No. 2021-117 – 5/0.
4. AGREEMENT FOR THIRD-PARTY ADMINISTRATION OF WORKERS’ COMPENSATION CLAIMS TO
ADMINSURE, INC. – Adoption of a resolution awarding an agreement for third-party
administration of workers’ compensation claims to AdminSure, Inc. (Staff contact: Debbie Porter
and Judy von Kalinowski, Administrative Services Department)
ACTION: Adopted Resolution No. 2021-118 – 5/0.
5. SETTLEMENT OF THE WORKERS’ COMPENSATION CLAIMS OF ARTHUR VIERA – Adoption of a
resolution authorizing settlement of the workers’ compensation claims of Arthur Viera. (Staff
contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department)
ACTION: Adopted Resolution No. 2021-119 – 5/0.
6. ACCEPTANCE OF A DONATION FROM THE CARLSBAD LIBRARY & ARTS FOUNDATION – Adoption of
a resolution accepting a donation of $157,620 from the Carlsbad Library & Arts Foundation to the
City of Carlsbad’s Library & Cultural Arts Department. (Staff contact: Suzanne Smithson, Library
& Cultural Arts)
ACTION: Adopted Resolution No. 2021-120 – 5/0.
7. APPROVE FISCAL YEAR 2021-22 ARTS & CULTURE MASTER PLAN INITIATIVES – Adoption of a
resolution approving three additional Arts & Culture Master Plan initiatives in FY 2021-22. (Staff
contact: Richard Schultz, Library & Cultural Arts)
ACTION: Adopted Resolution No. 2021-121 – 5/0.
ORDINANCES FOR INTRODUCTION: None.
ORDINANCES FOR ADOPTION: None.
PUBLIC HEARINGS: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. FISCAL YEAR 2021-22 PRELIMINARY BUDGET – 1) Receive a report and set a public hearing of June
8, 2021 for adoption of the Fiscal Year 2021-22 Operating Budget, Capital Improvement Program
and Strategic Digital Transformation Investment Program and adoption of the Master Fee
Schedule; and
2) Adoption of a resolution approving the appropriation of General Fund reserves in fiscal year
2020-21 to pay down $10 million of the city’s existing pension liability to the California Public
Employees Retirement System (CALPERS), and the appropriation and transfer of $3.5 million from
General Fund reserves to the Infrastructure Replacement Fund. (Staff contact: Laura Rocha and
Ryan Green, Administrative Services)
City Manager’s Recommendation: Receive the report, set the public hearing and adopt the
resolution.
ACTION: Council Member Acosta, seconded by Council Member Bhat-Patel, directing the
May 18, 2021 Page 4
City Manager to return with a report at the June 8, 2021 City Council Meeting
regarding options related to the diversity, equity, and inclusion City Council goal
including funding requests and a status report on the Diversity, Equity, & Inclusion
Committee that includes what is being done now and what is needed going forward
– 5/0;
Council received the report and set the public hearing date to June 8, 2021 – 5/0;
Adopted Resolution No. 2021-122 – 4/1 (Hall – No).
9. COST OF SERVICE STUDY AND MASTER FEE SCHEDULE UPDATE – Receive a report with staff
recommendations for fee updates based on the results of the Master Fee Schedule Cost of Service
Study and provide guidance to staff for how to proceed. (Staff contact: Laura Rocha and Ryan
Green, Administrative Services)
City Manager’s Recommendation: Receive the report and provide direction as appropriate.
ACTION: Council received the report;
Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to
select Option No. 1 to implement updated fee structures and increase fees in line
with staff recommendations – 5/0.
10. CITY COUNCIL REGIONAL COMMITTEE ASSIGNMENT TO THE NORTH COUNTY DISPATCH JOINT
POWERS AUTHORITY – Adopt a resolution confirming the mayoral appointment for the primary
member to the North County Dispatch Joint Powers Authority. (Staff contact: Faviola Medina,
City Clerk Services Department)
City Manager’s Recommendation: Adopt the resolution.
ACTION: Adopted Resolution No. 2021-123 appointing Council Member Acosta – 5/0.
COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS:
City Council Regional Assignments (Revised 1/12/21)
Matt Hall
Mayor
North County Mayors and Managers
Chamber of Commerce Liaison (primary)
San Diego County Water Authority
SANDAG Board of Directors (primary)
City Council Legislative Subcommittee
Economic Revitalization Subcommittee
North County Homeless Action Committee
Keith Blackburn
Mayor Pro Tem – District 2
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
North County Dispatch Joint Powers Authority
SANDAG Board of Directors (2nd alternate)
SANDAG Shoreline Preservation Working Group (alternate)
Carlsbad Municipal Code and City Council Policy Update
Subcommittee
Priya Bhat-Patel
Council Member – District 3
SANDAG Board of Directors (1st alternate)
SANDAG Shoreline Preservation Working Group (primary)
North County Transit District (primary)
May 18, 2021 Page 5
City/School Committee
Clean Energy Alliance JPA (primary)
League of California Cities – SD Division (alternate)
Economic Revitalization Subcommittee
Cori Schumacher
Council Member – District 1
Buena Vista Lagoon JPC
Encina Joint Powers JAC
Encina Wastewater Authority Board of Directors
League of California Cities – SD Division
North County Dispatch Joint Powers Authority (alternate)
Carlsbad Municipal Code and City Council Policy Update
Subcommittee
North County Homeless Action Committee
Teresa Acosta
Council Member – District 4
City/School Committee
Chamber of Commerce Liaison (alternate)
Encina Wastewater Authority Board of Directors (alternate)
City Council Legislative Subcommittee
Clean Energy Alliance JPA (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. 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: 6:51 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
May 18, 2021 Page 6
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.
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.