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HomeMy WebLinkAbout2022-03-08; City Council; AgendasCITY COUNCIL Agenda Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 March 8, 2022, 5 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 The City of Carlsbad provides three ways to watch a City Council meeting: In Person On TV Online amildllib.. 112 Most City Council meetings take place at City Hall, 1200 Carlsbad Village Drive SOCe'tftlITIo AT&T U-verse N . Watch live and replays of meetings on Charter Spectrum channel 24 and AT&T U-verse channel 99 ar]=r- Watch the livestream and replay past meetings on the city website, https://www.carlsbadca.goviresidents/communicationicitv- tv-channel How to Participate If you would like to provide comments to the City Council, please: •Fill out a speaker request form, located in the foyer. •Submit the form to the City Clerk before the item begins. •When it's your turn, the City Clerk will call your name and invite you to the podium. •Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time. •You may not give your time to another person, but groups can select a single speaker as long as three other members of your group are present. Group representatives have 10 minutes unless that time is changed by the presiding officer or the City Council. 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 nnanager@carlsbadca.gov by noon on the Monday before the meeting to make arrangements. 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. 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). CALL TO ORDER: 5 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. ANNOUNCEMENT OF CONCURRENT MEETINGS : None. INVOCATION: PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes from the Regular Meeting held Feb. 8, 2022 ACTION: Minutes were approved as presented — 5/0. PRESENTATIONS: Proclamation in recognition of National Women's History Month 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. 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.SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF DONALD SEALE FOR $99,542 — Adoption of a resolution authorizing settlement of the Workers' Compensation claim of Donald Seale. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2022-050 — 5/0. 2.SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF MICHAEL VAN BIBBER FOR $16,240 — Adoption of a resolution authorizing additional settlement of the Workers' Compensation claim of Michael Van Bibber. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2022-051 -- 5/0. 3.SALE OF 11. CITY-OWNED AFFORDABLE UNITS TO LOWER-INCOME QUALIFIED HOUSEHOLDS SELECTED THROUGH THE AFFORDABLE HOUSING RESALE PROGRAM — Adoption of a resolution approving the sale of 11 city owned affordable units to lower income qualified households selected pursuant to the Affordable Housing Resale Program guidelines for the properties located March 8, 2022 Page 2 at Mulberry in Bressi Ranch off Gateway Road and Rose Bay in the Bay Collection off Poinsettia Lane and authorizing the City Manager to execute all documents necessary to complete the transactions. (Staff contact: Nancy Melander, Housing & Homeless Services) ACTION: Adopted Resolution No. 2022-052 — 5/0. 4.AGREEMENT WITH WOOD RODGERS INC. FOR THE CARLSBAD BOULEVARD AND TAMARACK AVENUE PEDESTRIAN IMPROVEMENTS PROJECT (CIP PROJECT NO. 6058) — Adoption of a resolution authorizing execution of a professional services agreement with Wood Rodgers, Inc., a California Corporation, to provide engineering design and environmental services for the Carlsbad Boulevard and Tamarack Avenue Pedestrian Improvements Project. (Staff contact: Lauren Ferrell and Hossein Ajideh, Public Works) ACTION: Adopted Resolution No. 2022-053 — 5/0. 5.CONTRACTS FOR PROFESSIONAL MANAGEMENT, FACILITATION AND TECHNICAL SUPPORT OF GROWTH MANAGEMENT CITIZENS COMMITTEE — 1) Adoption of a resolution approving an agreement for professional consulting services, on an as needed basis, with Circlepoint Inc. to support the city's efforts to manage and facilitate a citizens committee charged with developing a new framework to manage growth in a way that preserves Carlsbad's excellent quality of life; and 2) Adoption of a resolution approving an agreement for professional consulting services, on an as needed basis, with Moore lacofano Goltsman Inc. to support the city's efforts to identify the key elements for a new plan to manage growth. (Staff contact: Kristina Ray, Communication & Engagement and Eric Lardy, Community Development) ACTION: Adopted Resolution No. 2022-054 — 5/0; and Adopted Resolution No. 2022-055 — 5/0. ORDINANCES FOR INTRODUCTION: 6.REGULATING POLITICAL AND NONCOMMERCIAL SIGNS IN THE PUBLIC RIGHT-OF-WAY — 1) Adoption of a resolution amending City Council Policy No. 65 — Signs on Public Property; and 2) Introduction of an ordinance amending Carlsbad Municipal Code Section 11.44.070 — Temporary Political and Other Noncommercial Signs in the Public Right-of-Way. (Staff contact: Jeff Murphy, Community Development) City Manager's Recommendation: Adopt the resolution and introduce the ordinance. ACTION: Adopted Resolution No. 2022-056; and Introduced Ordinance No. CS-416 — 4/1 (Hall — No). ORDINANCES FOR ADOPTION: 7.ORDINANCE NO. CS-415 — ZONE CHANGE ON TWO PROPERTIES — Adoption of Ordinance No. CS- 415 approving a zone change, (Local Coastal Program and citywide zoning maps) on two properties (APNS 210-170-08, -09) totaling 0.89 acres from Planned Industrial (P-M) with a commercial/visitor-serving overlay to commercial tourist with commercial/visitor-serving and qualified development overlays (C-T-Q) within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 3 (Case Name: Chick-Fu-A; Case No. ZC 2019-0001/LCPA 2019-0002 (DEV2018-0177). (Staff contact: Faviola Medina, City Clerk's Department) March 8, 2022 Page 3 City Manager's Recommendation: Adopt Ordinance No. CS-415. ACTION: Adopted Ordinance No. CS-415 - 4/0/1 (Blackburn — Absent). PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. POSSIBLE TRANSITION OF CITY CLERK POSITION FROM ELECTED TO APPOINTED — 1) Receive a report regarding the possible transition of the City Clerk from an elected to a City Manager- appointed position; and Should the City Council wish to place the matter on the ballot to be decided by the voters at the statewide primary election on June 7, 2022, take the following actions: 2)Adopt a resolution providing notice of and calling a municipal election to submit to the voters a ballot measure to make the Office of the City Clerk appointive, requesting the San Diego County Board of Supervisors to consolidate the municipal election with the statewide primary election on June 7, 2022, directing the preparation of an impartial analysis, and establishing procedures for ballot arguments; and 3)Introduce an ordinance amending various sections of and adding a section to the Carlsbad Municipal Code regarding the position of City Clerk to take effect only if the voters at the municipal election on June 7, 2022 approve making the Office of City Clerk appointive. (Staff contact: Faviola Medina, City Clerk's Department and Sheila Cobian, City Manager's Department) City Manager's Recommendation: Received the report, adopt the resolution and introduce the ordinance. ACTION: Adopted Resolution No. 2022-057; and Introduced Ordinance No. CS-417 — 5/0. 9. APPROVAL OF CITY COUNCIL POLICY STATEMENT REGARDING CITYWIDE DATA GOVERNANCE AND MANAGEMENT — Adoption of a resolution approving City Council Policy No. 92 — Citywide Data Governance and Management. (Staff contact: David Graham and David Van Gilluwe, Administrative Services Department) City Manager's Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2022-058 — 5/0. 10. MAYORAL AND DISTRICT 1, 2, 3 AND 4 APPOINTMENTS OF 19 PRIMARY AND 19 ALTERNATE MEMBERS TO THE GROWTH MANAGEMENT PLAN UPDATE ADVISORY COMMITTEE — 1) Adoption of a resolution appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (Mayoral appointment); and 2)Adoption of a resolution appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (District 1 appointment); and 3)Adoption of a resolution appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (District 2 appointment); and 4)Adoption of a resolution appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (District 3 appointment); and 5)Adoption of a resolution appointing four members (two primary and two alternate) to the Growth Management Plan Update Advisory Committee (District 4 appointment); and March 8, 2022 Page 4 6) Adoption of a resolution appointing two members (one primary and one alternate) from each of the city's boards and commissions to serve on the Growth Management Plan Update Advisory Committee. (Staff contact: Tammy McMinn, City Clerk's Department) City Manager's Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2022-059 appointing Jeff Segall (Primary), Ron Withal! (Alternate), Scott White (Primary) and Patrick Goyarts (Alternate) to the Growth Management Plan Update Advisory Committee — 5/0; and Adopted Resolution No. 2022-060 appointing Eric Larson (Primary), Jan Neff-Sinclair (Alternate), Stephen "Hap" L'Heureux (Primary) and Casey Carstairs (Alternate) to the Growth Management Plan Update Advisory Committee — 5/0; and Adopted Resolution No. 2022-061 appointing Mike Howes (Primary), Don Christiansen (Alternate), Mary Ryan (Primary) and Terence Green (Alternate) to the Growth Management Plan Update Advisory Committee — 5/0; and Adopted Resolution No. 2022-062 appointing Frank Caraglio (Primary), Thierry Ibri (Alternate), Frances Schnall (Primary) and Matthew Reese (Alternate) to the Growth Management Plan Update Advisory Committee — 5/0; and Adopted Resolution No. 2022-063 appointing Harry Peacock (Primary), Erin Nell (Alternate), Annika Jimenez (Primary) and Angela O'Hara (Alternate) to the Growth Management Plan Update Advisory Committee — 5/0; and Adopted Resolution No. 2022-064 — 5/0. 11. MAYORAL/MAYOR PRO TEM AND DISTRICT 1 APPOINTMENTS OF SEVEN MEMBERS TO THE DESIGN REVIEW COMMITTEE — 1) Adoption of a resolution appointing two members to the Design Review Committee (Mayoral/Mayor Pro Tern appointment); and 2)Adoption of a resolution appointing five members to the Design Review Committee (District 1 appointment); and 3)Adoption of a resolution appointing one member each from the Historic Preservation Commission and the Planning Commission to serve on the Design Review Committee. (Staff contact: Tammy McMinn, City Clerk's Department) City Manager's Recommendation: Adopt the resolutions_ ACTION: Adopted Resolution No. 2022-065 Patrick Connolly and Monica Gocan to the Design Review Committee — 4/0/1 (Hall Absent); and Adopted Resolution No. 2022-066 Debbie Sullivan, Mary Hoetz (Village Residents), Annette Swanton, Nicholas Puccio (Barrio Residents), and Todd Harris (Business Owner) to the Design Review Committee — 4/0/1 (Hall — Absent); and Adopted Resolution No. 2022-067 — 4/0/1 (Hall — Absent). COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 1/11/22) Matt Hall City Council Legislative Subcommittee Mayor Economic Development Subcommittee North County Homeless Action Committee SANDAG Board of Directors (primary) San Diego County Water Authority March 8, 2022 Page 5 Buena Vista Lagoon JPC Encina Joint Powers JAC Encina Wastewater Authority Board of Directors SANDAG Board of Directors (2nd alternate) 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) Buena Vista Lagoon JPC Encina Wastewater Authority Board of Directors (alternate) North County Dispatch Joint Powers Authority (primary) Chamber of Commerce Liaison (primary) City Council Legislative Subcommittee City/School Committee Clean Energy Alliance WA (primary) Encina Joint Powers JAC Encina Wastewater Authority Board of Directors League of California Cities — SD Division North County Transit District (alternate) Keith Blackburn Mayor Pro Tern — District 2 Priya Bhat-Patel Council Member — District 3 Peder Norby Council Member — District 1 Teresa Acosta Council Member — District 4 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: 7:14 p.m. City Council Meeting Procedures (continued from page /) 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 March 8, 2022 Page 6 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. March 8, 2022 Page 7 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. March 8, 2022 Page 8