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HomeMy WebLinkAbout2021-12-14; 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/residents/communication/city- tv-channel Virtual meeting format • 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/93588909468 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: 935 8890 9468. 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. 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. Dec. 14, 2021, 3 p.m. Dec. 14, 2021 Page 2 CALL TO ORDER: 3:00 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. INVOCATION: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Oct. 19, 2021 ACTION: Minutes approved as presented – 5/0. PRESENTATIONS: Proclamation in Recognition of Clayton Dobbs Retirement Proclamation in Recognition of Robert Ferris Retirement Proclamation in Recognition of Michael Bailey Retirement PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action. 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. 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 non-agenda public 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 FINANCIAL INFORMATION REPORT ON CAPITAL PROJECT FUNDS AND SPECIAL TAXES – Adoption of a resolution accepting the Annual Financial Information Report on Capital Project Funds and Special Taxes pursuant to California Government Code Sections 50075, 66001 and 66006. (Staff contact: Kim Riboni, Administrative Services Department) ACTION: Adopted Resolution No. 2021- 275 – 5/0. 2. CITY OF CARLSBAD FISCAL YEAR 2020-21 ANNUAL FINANCIAL AUDIT RESULTS – Receive a report on the city’s fiscal year 2020-21 annual financial audit results. (Staff contact: Ryan Green, Administrative Services Department) ACTION: Received Report – 5/0. Dec. 14, 2021 Page 3 3. REVISIONS TO THE CITY OF CARLSBAD PART-TIME SALARY SCHEDULE AND MANAGEMENT SALARY SCHEDULE – Adoption of a resolution approving revisions to the City of Carlsbad Part-Time Salary Schedule and Management Salary Schedule, approving revisions to the Management Compensation and benefits Plan, and authorizing of pay increases for part-time employees who fall below the new minimum wage. (Staff contact: Silvano Rodriguez and Judy von Kalinowski, Administrative services Department) ACTION: Adopted Resolution No. 2021-276 – 5/0. 4. AMENDMENT NO. 4 TO AGREEMENT WITH TYLER TECHNOLOGIES FOR ENERGOV MAINTENANCE AND SUPPORT AND ENERGOV ASSIST ADVANCED SERVICES – Adoption of a resolution authorizing the City Manager to execute Amendment No. 4 to the agreement for Project and Service Maintenance with Tyler Technologies, Inc. (Staff contact: Maria Callander, Administrative Services Department) ACTION: Adopted Resolution No. 2021-277 – 5/0. 5. PURCHASE OF RENEWAL OF PALO ALTO FIREWALL MAINTENANCE AND LICENSING – Adoption of a resolution authorizing the City Manager to execute documents necessary to procure Palo Alto Firewall Maintenance and Licensing Services through Dec. 30, 2022, from CDWG, LLC in an amount not to exceed $121,247. (Staff contact: Maria Callander, Administrative Services Department) ACTION: Adopted Resolution No. 2021-278 – 5/0. 6. AMENDMENT NO 6 TO AGREEMENT WITH CITY OF VISTA FOR CONSTRUCTION OF AGUA HEDIONDA SEWER LIFT STATION – 1) Adoption of a resolution authorizing the Mayor to execute Amendment No. 6 to the project agreement between the City of Carlsbad and the City of Vista for construction of the Agua Hedionda Sewer Lift Station and Vista/Carlsbad Interceptor Sewer, Reaches VC11B-VC15; and 2) Appropriate $827,151 from the Sewer Connection Fund; and 3) Authorize the City Manager to approve reimbursement payments to Vista for Carlsbad’s share of the remaining project work in an amount not to exceed $2,479,766. (Staff contact: Dave Padilla and Vicki Quiram, Public Works) ACTION: Adopted Resolution No. 2021-279 – 5/0. 7. BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENTS LIST FOR 2022 – 1) Receive and file the Boards, Commissions and Committees Local Appointments List for 2022; and 2) Adoption of a resolution modifying one member’s term on the Planning Commission to coincide with the transition plan established by City Council Resolution No. 2018-178; and 3) Adoption of a resolution modifying one member’s term on the Traffic & Mobility Commission to coincide with the transition plan established by City Council Resolution No. 2018-178; and 4) Adoption of a resolution modifying one member’s term on the Traffic & Mobility Commission to coincide with the transition plan established by City Council Resolution No. 2018-178. (Staff contact: Faviola Medina, City Clerk Department) ACTION: Received List and adopted Resolution Nos. 2021-280, 2021-281, 2021-282 – 5/0. 8. EMPLOYMENT AGREEMENT WITH CITY ATTORNEY CELIA A. BREWER – Adoption of a resolution approving the amended and restated City Attorney employment agreement with Celia A. Brewer, Dec. 14, 2021 Page 4 with an annual fiscal impact of $22,172, and making corresponding amendments to the appointed officials salary schedule. (Staff contact: Cindie McMahon, City Attorney Department) ACTION: Adopted Resolution No. 2021-283 – 5/0. 9. EMPLOYMENT AGREEMENT WITH CITY MANAGER SCOTT CHADWICK – Adoption of a resolution approving the amended and restated City Manager employment agreement with Scott Chadwick, with an annual fiscal impact of $22,755, and making corresponding amendments to the appointed officials salary schedule. (Staff contact: Cindie McMahon, City Attorney Department) ACTION: Adopted Resolution No. 2021-284 – 5/0. 10. AUTHORIZE PARTICIPATION IN NATIONAL OPIOIDS SETTLEMENTS – Adoption of a resolution authorizing the City Attorney to sign the necessary documents for the City of Carlsbad to participate in the National Opioid Settlements. (Staff contact: Cindie McMahon, City Attorney Department) ACTION: Adopted Resolution No. 2021-285 – 5/0. ORDINANCES FOR INTRODUCTION: 11. ORDINANCE TO AMEND CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.301 TO RESTRICT OVERNIGHT PARKING ON ARMADA DRIVE – Introduction of an ordinance adding section 10.40.301 of the Carlsbad Municipal Code to establish no parking zones along both sides of Armada Drive between Palomar Airport Road and Legoland Drive between the hours of 11 p.m. and 5 a.m. (Staff contact: Scott Meritt, Police Department and Allegra Frost, City Attorney Department) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-412 – 5/0. ORDINANCES FOR ADOPTION: 12. ADOPTION OF ORDINANCE NO. CS-411 – AMENDING CHAPTER 10.40, SECTION 10.40.180(D)(6) TO ALLOW ENFORCEMENT OF THE CITY’S BAN ON OVERNIGHT PARKING OF OVERSIZED VEHICLES DURING A DECLARED EMERGENCY – Adoption of Ordinance No. CS-411 amending Carlsbad Municipal Code Chapter 10.40, Section 10.40.180 regarding the parking of oversized vehicles. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt Ordinance No. CS-411. ACTION: Adopted Ordinance No. CS-411 – 5/0. PUBLIC HEARING: 13. THE NEW VILLAGE ARTS THEATRE – Adoption of a resolution approving a conditional use permit to allow the continued operation of a performance theatre located at 2787 State Street in the Village Center District of the Village & Barrio Master Plan and within Local Facilities Management Zone 1 (Case Name: New Village Arts Theatre; Case No.: CUP 2021-0006 (DEV2021-0040)). (Staff contact: Jessica Evans, Community Development) City Manager’s Recommendation: Take public input, close the public hearing and adopt the resolution. Dec. 14, 2021 Page 5 ACTION: Adopted Resolution No. 2021-286 – 5/0. 14. JEFFERSON STREET APARTMENTS – Adoption of a resolution approving a site development plan and coastal development permit for the removal of an existing commercial use, and the construction of a 35,855 square foot, four-story, mixed-use building consisting of 17 residential apartment units, 2,185 square feet of commercial and an enclosed parking garage on a 0.32-acre site located at 3039 Jefferson Street in the Village Center (VC) District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1 (Case Name: Jefferson Street Apartments; Case No.: CT 2019-0015/CDP 2019-0033 (DEV2019-0156)). (Staff contact: Jason Goff, Community Development) City Manager’s Recommendation: Take public input, close the public hearing and adopt the resolution. ACTION: Adopted Resolution No. 2021-287 – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 15. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC MEETING ON DEC. 16, 2021 – Discuss how to proceed with public meetings until Jan. 14, 2022, and take one of the following actions: 1) Consider adoption of a resolution making findings in accordance with AB 361 to continue virtual public meetings until Jan. 14, 2022; or 2) Direct staff to resume in-person public meetings beginning Dec. 16, 2021. (Staff contact: Sheila Cobian, City Manager’s Department) City Manager’s Recommendation: Discuss how to proceed and consider options. ACTION: Adopted Resolution No. 2021-288 – 4/1 (Hall – No). 16. AMENDMENTS TO CITY COUNCIL POLICY NO. 64 – Adoption of a resolution amending City Council Policy No. 64 to achieve consistency with current Federal Communications Commission regulations and to modify and supplement the design standards and processing procedures that apply to the installation of small wireless facilities. (Staff contact: Corey Funk, Community Development) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2021-289 – 5/0. 17. AMENDMENT NO. 5 TO EXTEND AND AMEND THE AGREEMENT FOR TRANSFER STATION AND DISPOSAL SERVICES WITH PALOMAR TRANSFER STATION INC. – Adoption of a resolution approving Amendment No. 5 to extend and amend the agreement for Transfer Station and Disposal Services with Palomar Transfer Station, Inc. for operation of the Palomar Transfer Station; and authorizing the City Manager or designee to execute all functions of the City Contract Manager as described in Amendment No. 5. (Staff contact: James Wood, Public Works) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2021-290 – 5/0. 18. SUSTAINABLE MATERIALS MANAGEMENT IMPLEMENTATION PLAN – 1) Adoption of a resolution accepting the completed Sustainable Materials Management Implementation Plan, including a Dec. 14, 2021 Page 6 road map to implement City Council direction for new environmental policies and approving two new full-time staff positions to implement those policies and authorizing $79,583 in related funding from the General Fund during fiscal year 2021-22; and 2) Adoption of a resolution approving four new full-time staff positions for state-mandated organics, recycling and food recovery programs, and increasing compensation for the program manager and appropriating $249,048 in related funding from the Solid Waste Enterprise Fund during fiscal year 2021-22 (Staff contact: James Wood, Public Works) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution Nos. 2021-291 and 2021-292 – 5/0. 19. APPOINT ONE MEMBER TO THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD – Adoption of a resolution appointing one member to the Carlsbad Tourism Business Improvement District Advisory Board. (Staff contact: Tammy McMinn, City Clerk Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2021-293, appointing William Canepa – 5/0. 20. APPOINT FOUR MEMBERS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY COMMITTEE – 1) Adoption of a resolution appointing one member to the Community Development Block Grant Citizen Advisory Committee; and 2) Adoption of a resolution appointing one member to the Community Development Block Grant Citizen Advisory Committee; and 3) Adoption of a resolution appointing one member to the Community Development Block Grant Citizen Advisory Committee; and 4) Adoption of a resolution appointing one member to the Community Development Block Grant Citizen Advisory Committee. (Staff contact: Tammy McMinn, City Clerk Department) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution Nos. 2021-294, appointing Elizabeth Torio (Dist. 3); 2021-295, appointing Keith Neigenfind, Jr. (Dist. 2); 2021-296, appointing Steven Gish (Dist. 2); and continued the remaining appointment to the January 11, 2022 City Council meeting (see Minutes for details) – 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 Dec. 14, 2021 Page 7 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 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: 7:03 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 Dec. 14, 2021 Page 8 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. 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.