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HomeMy WebLinkAbout2021-09-21; 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). Virtual Meeting Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 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 • Join from a PC, Mac, iPad, iPhone or Android device: https://carlsbadca.zoom.us/j/97021151784 o Join using “Computer Audio” o Raise your hand when the Clerk calls for speakers for the item you wish to comment on. o Unmute yourself when called on by the Clerk. • By phone: Call: (213) 338 – 8477 and enter Meeting ID: 970 2115 1784. Press # for Participant ID. o Press *9 when the Clerk calls for speakers for the item you wish to comment on. o The Clerk will then call on the last four numbers of your telephone number. o Press *6 to unmute yourself to speak. • 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. Sept. 21, 2021, 3 p.m. Sept. 21, 2021 Page 2 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: 3:00 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. 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 Regular Meeting held July 27, 2021 Minutes of the Special Meeting held Aug. 17, 2021 Minutes of the Regular Meeting held Aug. 24, 2021 Minutes of the Special Meeting held Aug. 31, 2021 ACTION: Approved minutes as presented – 4/0/1 (Norby – Abstain). PRESENTATIONS: None. 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. LEASE AGREEMENT WITH MIRA COSTA COMMUNITY COLLEGE DISTRICT FOR THE LAS PALMAS PROPERTY, LOCATED AT 2075 LAS PALMAS DRIVE – Adoption of a resolution authorizing the City Manager to execute a four-year, 364-day lease agreement with Mira Costa Community College District for APN 213-061-19-00, located at 2075 Las Palmas Drive. (Staff contact: Curtis Jackson, Real Estate) ACTION: Adopted Resolution No. 2021-211 – 5/0. 2. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICE PROGRAM – Adoption of a resolution approving a Memorandum of Understanding between the City of Carlsbad and Carlsbad Unified School District for the School Sept. 21, 2021 Page 3 Resource Officer Program for the 2021-22 School Year. (Staff contact: Cindy Anderson, Police Department) ACTION: Adopted Resolution No. 2021-212 – 5/0. 3. COLLECTION OF CITY EMPLOYEE VACCINATION INFORMATION – Adoption of a resolution empowering the Director of Emergency Services to require the collection of city employee vaccination information to aid the city’s COVID-19 pandemic planning, prevention, response and compliance efforts. (Staff Contact: Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2021-213 – 4/1 (Blackburn – No). ORDINANCES FOR INTRODUCTION: 4. ORDINANCE TO REPEAL CARLSBAD MUNICIPAL CODE CHAPTER 2.20 – CHIEF OPERATIONS OFFICER AND AMEND SECTION 2.12.025 – MANAGER PRO TEMPORE – ACTING CITY MANAGER – Introduction of an ordinance repealing Chapter 2.20 and amending Section 2.12.025 of the Carlsbad Municipal Code. (Staff contact: Cindie McMahon, City Attorney Department and Sheila Cobian, City Manager Department) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-403 – 5/0. ORDINANCES FOR ADOPTION: 5. ADOPTION OF ORDINANCE NO. CS-401 – ESTABLISH A 45 MPH SPEED LIMIT ON POINSETTIA LANE FROM CASSIA ROAD TO EL CAMINO REAL – Adoption Ordinance No. CS-401 amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code Section 10.44.360 to establish a 45 miles per hour speed limit upon Poinsettia Lane from Cassia Road to El Camino Real. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt the ordinance. ACTION: Adopted Ordinance No. CS-401 – 5/0. 6. ADOPTION OF ORDINANCE NO. CS-402 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 6.16 – NUISANCES – Adoption of Ordinance CS 402 amending Title 6, Chapter 6.16 of the Carlsbad Municipal Code concerning public nuisances. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt the ordinance. ACTION: Adopted Ordinance No. CS-402 – 5/0. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN – 1) Receive an update on the draft Sustainable Materials Management Implementation Plan and, if desired, provide direction on the Policy Section, which includes options for bans on materials and disposal of certain materials; and Sept. 21, 2021 Page 4 2) Adoption of a resolution directing staff to return to the City Council later this year with a final Sustainable Materials Management Implementation Plan and accompanying request for needed resources. (Staff contact: James Wood, Public Works) City Manager’s Recommendation: Receive the update and adopt the resolution. ACTION: Minute Motion by Council Member Acosta, seconded by Council Member Bhat- Patel, to have staff return to council with a proposal to proceed with recommended Policy No. 1, that includes a Skip the Stuff ordinance in the plan with a 12 month timeline that also includes sub bullets and other council members’ comments, including prohibiting the intentional release of balloons (see minutes for details) – 4/1 (Hall – No); and Adopted Resolution No. 2021-214 – 5/0. 8. DECLARATION OF A CLIMATE EMERGENCY – Adoption of a resolution approving the declaration of a climate emergency. (Staff contact: James Wood, Public Works) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2021-215 – 4/1 (Hall – No). 9. CITY COUNCIL POLICY NO. 92 – ALLOCATION OF CITY RESOURCES RELATING TO COUNCIL MEMBER REQUESTS FOR COMMUNITY MEETINGS – Adoption of a resolution approving City Council Policy No. 92, Allocation of City Resources Relating to City Council Member Requests for Community Meetings. (Staff contact: Sheila Cobian, City Manager Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Minute Motion by Council Member Bhat-Patel, seconded by Council Member Acosta, to add to the draft council code of conduct, that council members keep open communication with other council members when speaking or making presentations in other council members’ districts (see minutes for details) – 5/0. 10. PURCHASE OF REAL PROPERTY IN THE NORTHEAST QUADRANT COMMONLY KNOWN AS THE RANCHO MILAGRO PROPERTY – Adoption of a resolution identifying the city’s Real Estate Manager as the city’s negotiator responsible for working with the representative for Rancho Milagro, LLC, towards the purchase of real property commonly known as the Rancho Milagro property (APN 209-060-61) and directing staff to schedule a future City Council Closed Session item to provide direction and grant authority to its negotiator regarding the price and terms of payment for the purchase. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2021-216 – 5/0. 11. SOUTH CARLSBAD BLVD PUBLIC ENGAGEMENT PLAN – 1) Receive a report about public engagement in the creation of a vision for Carlsbad Boulevard south of Manzano Drive to La Costa Avenue as well as the design of a one-mile segment related to the South Carlsbad Boulevard Climate Adaptation Project; and 2) Provide direction to staff as desired. (Staff contact: Kristina Ray, Communications & Engagement) City Manager’s Recommendation: Receive the report and provide direction to staff. ACTION: Received the report – 5/0. Sept. 21, 2021 Page 5 12. MARY LUCID’S APPEAL OF THE FOURTH NOTICE OF SUSPENSION FROM THE CARLSBAD SENIOR CENTER – Adoption of a resolution denying the appeal and upholding the decision of the City Manager to suspend Mary Lucid from the Carlsbad Senior Center for a period of six months. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2021-217 – 5/0. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 7/20/21) Matt Hall Mayor North County Mayors and Managers Buena Vista Lagoon JPC Chamber of Commerce Liaison (primary) San Diego County Water Authority SANDAG Board of Directors (primary) City Council Legislative Subcommittee Economic Development Subcommittee Homeless Action Subcommittee Keith Blackburn Mayor Pro Tem – District 2 Buena Vista Lagoon JPC Encina Joint Powers JAC Encina Wastewater Authority Board of Directors 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 City/School Committee Clean Energy Alliance JPA (primary) Economic Development Subcommittee League of California Cities – SD Division (alternate) North County Transit District (primary) North County Dispatch Joint Powers Authority (alternate) SANDAG Board of Directors (1st alternate) SANDAG Shoreline Preservation Working Group (primary) Peder Norby Council Member – District 1 Teresa Acosta Council Member – District 4 Chamber of Commerce Liaison (alternate) City Council Legislative Subcommittee City/School Committee Clean Energy Alliance JPA (alternate) Encina Wastewater Authority Board of Directors (alternate) League of California Cities – San Diego Division North County Dispatch Joint Powers Authority 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 Sept. 21, 2021 Page 6 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: 7:41 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. 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 Sept. 21, 2021 Page 7 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.