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HomeMy WebLinkAbout2022-02-08; City Council; AgendasThe 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/91849047594 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: 918 4904 7594. 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. Feb.8,2022,3 p.m. Feb. 8, 2022 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 Dec. 7, 2021 Minutes of the Special Meeting held Dec. 13, 2021 Minutes of the Regular Meeting held Dec. 14, 2021 Minutes of the Special Meeting held Jan. 11, 2022 Minutes of the Regular Meeting held Jan. 11, 2022 Minutes of the Regular Meeting held Jan. 18, 2022 Minutes of the Regular Meeting held Jan. 25, 2022 ACTION: Minutes were approved as presented – 5/0. PRESENTATIONS: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Council authorized initiation of litigation against property located at 939 Begonia Court, Carlsbad, for public nuisance of repeated code violations – 4/0/1 (Bhat-Patel – Abstain). 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. ANNEXATION OF THE MARJA ACRES DEVELOPMENT TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 – Adoption of a resolution declaring the intention, approving the engineer’s report, ordering the initiation of assessment ballot procedures and setting April 5, 2022, as the date for the public hearing to annex the Marja Acres Development to Street Lighting and Landscaping District No. 2. (Staff contact: Roxanne Muhlmeister, Administrative Services Department) ACTION: Adopted Resolution No. 2022-033 – 5/0. Feb. 8, 2022 Page 3 2. FISCAL YEAR 2020 STATE HOMELAND SECURITY GRANT PROGRAM – Adoption of a resolution authorizing grant program standard assurances and accepting and appropriating funds in the amount of $87,623 for public safety through Fiscal Year 2020 State Homeland Security Grant Program. (Staff contact: David Harrison, Fire Department) ACTION: Adopted Resolution No. 2022-034 – 5/0. 3. AWARD OF CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR THE 2021 SLURRY SEAL AND FOG SEAL PROJECT, CIP PROJECT NO. 6001-21SS – Adoption of a resolution accepting bids and awarding a contract to American Asphalt South, Inc. for construction of the 2021 Slurry Seal and Fog Seal, CIP Project No. 6001-21SS. (Staff contact: Hossein Ajideh, Public Works) ACTION: Adopted Resolution No. 2022-035 – 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 4. ORDINANCE NO. CS-413 – ORDINANCE PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY OF CARLSBAD – Adoption of Ordinance No. CS-413 amending Carlsbad Municipal Code Title 8, Chapter 8.28 by adding Section 8.28.060 – Unlawful Possession of Catalytic Converters. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-413. ACTION: Adopted Ordinance No. CS-413 – 5/0. 5. ORDINANCE NO. CS-414 – ADJUSTING ANNUAL CITY COUNCIL COMPENSATION – Adoption of Ordinance No. CS-414 adjusting City Council compensation by the amount established by the San Diego Regional Consumer Price Index. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-414. ACTION: Adopted Ordinance No. CS-414 – 5/0. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 6. DETERMINATION TO CONTINUE VIRTUAL PUBLIC MEETINGS OR RESUME IN-PERSON PUBLIC MEETINGS BEGINNING FEB. 11, 2022 – Discuss how to proceed with public meetings until March 10, 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 March 10, 2022; or 2) Direct staff to resume in-person public meetings beginning Feb. 11, 2022. (Staff contact: Sheila Cobian, City Manager’s Department) City Manager’s Recommendation: Discuss how to proceed and consider options. ACTION: Council directed staff to resume in-person public meetings beginning March 1, 2022 – 5/0. Feb. 8, 2022 Page 4 7. WORK PLANS FOR FISCAL YEAR 2021-22 FOR THE PARKS & RECREATION COMMISSION, SENIOR COMMISSION AND BEACH PRESERVATION COMMISSION – 1) Adoption of a resolution approving the Parks & Recreation Commission Work Plan for Fiscal Year 2021-22 and; 2) Adoption of a resolution approving the Senior Commission Work Plan for Fiscal Year 2021-22; and; 3) Adoption of a resolution approving the Beach Preservation Commission Work Plan for Fiscal Year 2021-22. (Staff contact: Mike Pacheco, Margaret Hamer and Michael Tully, Parks & Recreation) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2022-036; and Adopted Resolution No. 2022-037; and Adopted Resolution No. 2022-038 – 5/0. 8. ECONOMIC AND FINANCIAL UPDATE FOR THE SECOND QUARTER OF FISCAL YEAR 2021-22 AND MID-YEAR REVIEW WITH STAFFING AND OTHER FUNDING REQUESTS – 1) Receive a report on the economic and financial update for the second quarter of fiscal year 2021-22; and 2) Receive a report on the results of the mid-year budget review; and 3) Adopt a resolution approving fiscal year 2021-22 mid-year requests and the related new full- time staff positions and transfers of funds between departments in the General Fund; and 4) Adopt a resolution approving the appropriation and transfer from the General Fund, Recycled Water Fund, Wastewater Fund and Solid Waste Fund Reserves to the Carlsbad Municipal Water District Water Fund to eliminate an existing liability. (Staff contact: Laura Rocha, Administrative Services Department) City Manager’s Recommendation: Receive the reports and adopt the resolutions. ACTION: Received report; and Adopted Resolution No. 2022-039 approving the full-time staffing requests and fund transfers for the Fire, Communications & Engagement, and Library & Cultural Arts Departments – 5/0; and Adopted Resolution No. 2022-040 – 5/0. 9. CONSIDERATION OF APPROVAL OF 2022 PRIMARY AND GENERAL ELECTION VOTE CENTER LOCATIONS – Adoption of a resolution authorizing the use of the Calavera Hills Community Center Activity Room and the Pine Avenue Community Center Gym as vote centers for the 2022 Primary and General Elections and waiving any associated facility use fees. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2022-041 – 5/0. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 1/11/22) Matt Hall Mayor City Council Legislative Subcommittee Economic Development Subcommittee Feb. 8, 2022 Page 5 North County Homeless Action Committee SANDAG Board of Directors (primary) San Diego County Water Authority 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) Priya Bhat-Patel Council Member – District 3 Chamber of Commerce (alternate) City/School Committee Clean Energy Alliance JPA (alternate) Economic Development Subcommittee League of California Cities – SD Division (alternate) North County Dispatch Joint Powers Authority (alternate) North County Homeless Action Committee North County Transit District (primary) SANDAG Board of Directors (1st alternate) Peder Norby Council Member – District 1 Buena Vista Lagoon JPC Encina Wastewater Authority Board of Directors (alternate) North County Dispatch Joint Powers Authority (primary) Teresa Acosta Council Member – District 4 Chamber of Commerce Liaison (primary) City Council Legislative Subcommittee City/School Committee Clean Energy Alliance JPA (primary) Encina Joint Powers JAC Encina Wastewater Authority Board of Directors League of California Cities – SD Division 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: 5:01 p.m. 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. In accordance with Carlsbad Municipal Code (CMC) Section 20.20.20, notice is hereby given that the City Engineer has reviewed and, immediately following this City Council Meeting of February 8, 2022 will approve the following final map: Feb. 8, 2022 Page 6 Carlsbad Tract CT 16-02, located generally at 2501 State Street. Specifically, the City Engineer has caused the map to be examined and has made the following findings: 1) The map substantially conforms to the approved tentative map, and approved alterations thereof and any conditions of approval imposed with said tentative map. 2) The map complies with the provisions of the Subdivision map Act and any local ordinances applicable at the time of approval of the tentative map. 3) The map is technically correct. Said map will be finalized and recorded unless an interested party files a valid appeal of the City Engineer’s action to City Council no later than 10 calendar days from the date of the City Engineer’s action. The appeal shall specifically state the reason(s) for the appeal; see CMC Section 20.20.165 and 21.54.150. If you have any question about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact the City Clerk’s Office at (760) 434-2808. 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 Feb. 8, 2022 Page 7 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.