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Home My WebLink About2021-06-22; City Council; AgendasCITY COUNCIL Agenda Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 June 22, 2021, 3 p.m. 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 Sfirctrum. AT&T U-verse 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.govicitv-hall/meetings-agendas 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. 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 $1.50/month). 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. CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water District on Consent Item No. 4. INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Recognition of donation from Carlsbad Friends of the Arts PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: 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.ACCEPTANCE OF A DONATION FROM THE CARLSBAD FRIENDS OF THE ARTS — Adoption of a resolution accepting a donation of $35,000 from the Carlsbad Friends of the Arts to the City of Carlsbad's Library & Cultural Arts Department. (Staff contact: Richard Schultz, Library & Cultural Arts) ACTION: Adopted Resolution No. 2021-152 — 5/0. 2.AGREEMENT WITH SIEMENS MOBILITY, INC. FOR CITYWIDE TRAFFIC SIGNAL MAINTENANCE AND OPERATIONS SERVICES — Adoption of a resolution authorizing execution of an agreement with Siemens Mobility, Inc. to perform citywide traffic signal maintenance and operations services in an amount not to exceed $1,054,786 per year during the initial two-year term of the agreement. (Staff contact: Nestor Ma ngohig, Public Works) ACTION: Adopted Resolution No. 2021-153 — 5/0. June 22, 2021 Page 2 3.YARROW DRIVE SINKHOLE AND WASTEWATER EMERGENCY REPAIR — Adoption of a resolution authorizing the City Manager or designee to approve a reimbursement payment to the City of Vista for the City of Carlsbad's portion of the costs for the Yarrow Drive sinkhole emergency repair in an amount not to exceed $295,061. (Staff contact: Vicki Quiram and Dave Padilla, Public Works) ACTION: Adopted Resolution No. 2021-154 — 5/0. 4.AWARD OF CONTRACT TO DUDEK FOR THE EL FUERTE AND MAERKLE MOTORIZED VALVES PROJECT, CIP NOS. 5050, 5009 and 5007 — Adoption of a Carlsbad Municipal Water District Board resolution authorizing execution of a professional services agreement with Dudek, a California corporation for engineering design services of the El Fuerte and Maerkle Motorized Valves Project, CIP Project Nos. 5050, 5009 and 5007, in an amount not to exceed $295,505. (Staff contact: Vicki Quiram and Sean Diaz, Public Works) ACTION: Adopted CMWD Resolution No. 1658 — 5/0. 5.AWARD OF CONTRACT TO A.B. HASHMI, INC. FOR CONSTRUCTION OF THE FISCAL YEAR 2020-21 CONCRETE REPAIR PROJECT, CIP NO. 6013-21 — Adoption of a resolution accepting bids and awarding a contract to A.B. Hashmi, Inc., for construction of the fiscal year 2020-21 Concrete Repair, CIP Project No. 6013-21, in an amount not to exceed $249,679. (Staff contact: Scott Lyle, Public Works) ACTION: Adopted Resolution No. 2021-155 — 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 6.LEVY OF ANNUAL ASSESSMENT FOR CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021-22 —Adoption of a resolution confirming the advisory board's report and levying an assessment for fiscal year 2021-22 for the Carlsbad Tourism Business Improvement District. (Staff contact: Cheryl Gerhardt, Finance) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Adopted Resolution No. 2021-156 — 5/0. 7.LEVY OF ANNUAL ASSESSMENT FOR CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021-22 — Adoption of a resolution confirming the advisory board's report and levying an assessment for fiscal year 2021-22 for the Carlsbad Golf Lodging Business Improvement District. (Staff contact: Cheryl Gerhardt, Finance) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Adopted Resolution No. 2021-157 — 5/0. •DEPARTMENTAL AND CITY MANAGER REPORTS: June 22, 2021 Page 3 8.COVID-19 ACTIONS AND EXPENDITURES REPORT AND DISCUSSION REGARDING RESUMING IN- PERSON PUBLIC MEETINGS — 1) Receive a report on recent actions and expenditures related to the city's response to the COVID-19 pandemic and provide direction as appropriate; and 2) Discuss timeline and options for resuming in-person public meetings. (Staff contact: Geoff Patnoe, City Manager Department) City Manager's Recommendation: Receive the report and discuss the timeline and options for resuming in-person public meetings. ACTION: Council received the report; Motion by Mayor Hall, seconded by Mayor Pro Tern Blackburn, to resume in-person City Council Meetings at the Council Chamber on July 13, 2021, continue with virtual meetings for City Council Workshops through Sept. 30, 2021, and reevaluate at the end of Sept. 2021 regarding any changes in legislation — 5/0; Motion by Council Member Schumacher, seconded by Mayor Hall, to begin both City Council Meetings and Workshops at 6 p.m. beginning July 13, 2021 — 5/0. 9.DEAD HERITAGE TREE — DISPOSITION OF TREE STUMP AND BURL ON GRAND AVENUE —Adoption of a resolution directing staff to remove the stump and burl of a dead heritage street tree from the public right of way on the south side of Grand Avenue immediately east of Jefferson Street. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Adopt the resolution. ACTION: Minute Motion by Council Member Schumacher, seconded by Council Member Acosta, directing staff to return with a report regarding the cost of relocating the heritage tree stump as an art piece to a city park — 4/1 (Hall — No). 10.MAYORAL APPOINTMENT OF ONE MEMBER TO THE BUENA VISTA LAGOON JOINT POWERS COMMITTEE — Adoption of a resolution appointing one member to the Buena Vista Lagoon Joint Powers Committee. (Staff contact: Tammy McMinn, City Clerk Department) City Manager's Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2021-158 appointing Glen Stimmel — 5/0. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 1/12/21) Matt Hall Mayor Keith Blackburn Mayor Pro Tern — District 2 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 Buena Vista Lagoon JPC Encina Joint Powers JAC Encina Wastewater Authority Board of Directors SANDAG Board of Directors (2nd alternate) June 22, 2021 Page 4 Priya Bhat-Patel Council Member — District 3 Cori Schumacher Council Member— District 1 Teresa Acosta Council Member — District 4 SANDAG Shoreline Preservation Working Group (alternate) Carlsbad Municipal Code and City Council Policy Update Subcommittee Homeless Action Subcommittee SANDAG Board of Directors (1' alternate) SANDAG Shoreline Preservation Working Group (primary) North County Transit District (primary) City/School Committee Clean Energy Alliance JPA (primary) League of California Cities —SD Division (alternate) Economic Revitalization Subcommittee 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 Homeless Action Subcommittee City/School Cornmittee Chamber of Commerce Liaison (alternate) Encina Wastewater Authority Board of Directors (alternate) North County Dispatch Joint Powers Authority 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. Minute Motion by Council Member Acosta, seconded by Council Member Bhat-Patel, directing the City Manager to return to the full City Council with a draft City Council Policy which outlines the process for how city resources, including staff, are able to be equitably and feasibly managed as it relates to Council Member requests for community meetings on a district and city-wide basis — 4/1 (Hall — No). CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ADJOURNMENT: 5:01 p.m. June 22, 2021 Page 5 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. 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. June 22, 2021 Page 6 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 22, 2021 Page 7