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HomeMy WebLinkAbout2022-07-26; 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). 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 The City of Carlsbad provides three ways to watch a City Council meeting: In Person On TV Online Most City Council meetings take place at City Hall, 1200 Carlsbad Village Drive Watch live and replays of meetings on Charter Spectrum channel 24 and AT&T U-verse channel 99 Watch the livestream and replay past meetings on the city website, https://www.carlsbadca.gov/residents/communication/city- 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 442-339-2821 (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 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. July 26, 2022, 5 p.m. July 26, 2022 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. ANNOUNCEMENT OF CONCURRENT MEETINGS: INVOCATION: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in recognition of the retirement of City Attorney Celia Brewer Oath of Office for New City Attorney Cindie McMahon 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. ADVERTISE FOR BIDS FOR THE TEMPORARY FIRE STATION 7 CONSTRUCTION PROJECT (CIP PROJECT NO. 4091) – Adoption of a resolution authorizing the City Manager, or designee, to execute all documents required to purchase, register and transfer title for two modular residential buildings to the City of Carlsbad, and approving the plans, specifications and contract documents, and authorizing the City Clerk to advertise for bids for construction of a temporary garage for the Temporary Fire Station 7 Project. (Staff contact: John Maashoff, Public Works) ACTION: Adopted Resolution No. 2022-188 – 5/0. 2. AGREEMENT WITH DAY WIRELESS SYSTEMS FOR COMMUNICATIONS EQUIPMENT AND INSTALLATION SERVICES FOR IN-CAR VIDEO SYSTEM – Adoption of a resolution authorizing the City Manager to execute an agreement for police in-car video equipment purchase and implementation services from Day Wireless Systems in an amount not to exceed $282,232. (Staff contact: Javier Ruiz and Christie Calderwood, Police Department) ACTION: Adopted Resolution No. 2022-189 – 5/0. July 26, 2022 Page 3 3. PURCHASE OF EXCESS WORKERS’ COMPENSATION COVERAGE FOR POLICY YEAR 2022-2023 – Adoption of a resolution approving the purchase of excess workers’ compensation coverage through Safety National Casualty Corporation for Fiscal Year 2022-2023 in an amount of $271,000. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2022-190 – 5/0. 4. PARTICIPATION IN FELLOWSHIP PROGRAMS – Adoption of a resolution establishing authority to participate in fellowship programs and giving authority to City Manager or designee to execute related agreements. (Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2022-191 – 5/0. 5. AMENDMENT AND RESTATEMENT OF THE 401(A) GOVERNMENTAL MONEY PURCHASE PLAN FOR THE CHIEF OPERATIONS OFFICER POSITION – Adoption of a resolution authorizing the City Manager or designee to execute an amendment and restatement of the 401(a) Governmental Money Purchase Plan for the Chief Operations Officer position and to execute the necessary documents to terminate the plan once it has been amended and restated. (Staff contact: Lori Shonley and Sandra Smith, Administrative Services Department) ACTION: Adopted Resolution No. 2022-192 – 5/0. 6. CITY ATTORNEY EMPLOYMENT AGREEMENT – Adoption of a resolution approving the City Attorney Employment Agreement between the City of Carlsbad and Cindie K. McMahon, and making corresponding amendments to the appointed officials salary schedule. (Staff contact: Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2022-193 – 5/0. ORDINANCES FOR INTRODUCTION: 7. REVISIONS TO THE MANAGEMENT COMPENSATION AND BENEFITS PLAN – 1) Adoption of a resolution approving revisions to the Management Compensation and Benefits Plan; and 2) Introduction of an ordinance amending Carlsbad Municipal Code Chapter 2.04 by adding section 2.04.025 regarding benefits for elected officials. (Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services Department) City Manager’s Recommendation: Adopt the resolution and introduce the ordinance. ACTION: Adopted Resolution No. 2022-194; and Introduced Ordinance CS-429 – 5/0. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: 8. 2022 HAZARD REDUCTION COST REPORT – Adoption of a resolution accepting the 2022 Hazard Reduction Cost Report and directing the City Clerk to file a certified copy of the resolution and report with the San Diego County Auditor. (Staff contact: Randy Metz, Fire) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. ACTION: Adopted Resolution No. 2022-195 – 5/0. July 26, 2022 Page 4 9. FINAL VETERANS MEMORIAL PARK MASTER PLAN – PARKS PERFORMANCE STANDARD – Adoption of a resolution adopting the final Veterans Memorial Park Master Plan and making a finding of compliance with the Growth Management Plan/Citywide Facilities and Improvements Plan Parks Performance Standard, and adopting the related California Environmental Quality Act findings. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. ACTION: Adopted Resolution No. 2022-196 – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. FINAL DESIGN CONCEPT FOR THE PERMANENT PUBLIC ART AT FIRE STATION 2 (CIP PROJECT NO. 4060) Adoption of a resolution approving the final design concept by artist Mary Carter Taub for permanent public art at Fire Station 2, Capital Improvement Program Project No. 4060. (Staff contact: Richard Schultz and Tonya Rodzach, Library & Cultural Arts) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2022-197 – 5/0. 11. STATUS OF NEGOTIATIONS TO RELOCATE SAN DIEGO GAS & ELECTRIC’S NORTH COAST SERVICE CENTER TO THE CITY-OWNED PARKING LOT PROPERTIES AT THE SHOPPES AT CARLSBAD SHOPPING CENTER – Receive a status update from San Diego Gas & Electric representatives and provide direction on negotiations to relocate SDG&E’s North Coast Service Center to the city-owned parking lot properties at The Shoppes at Carlsbad shopping center. (Staff contact: Gary Barberio, Community Services and Celia Brewer, City Attorney’s Department) City Manager’s Recommendation: Receive the update. ACTION: Council received the update; and Minute motion by Council Member Bhat-Patel, seconded by Council Member Acosta to have SDG&E representatives return at the Regular City Council Meeting of Oct. 11, 2022, with a progress report time sheet and identify a suitable relocation site with emphasis on the Lot 11 site – 4/0/1 (Norby – Absent). 12. SEMIANNUAL TRANSPORTATION REPORT AND OPTIONS TO REPRIORITIZE THE SUSTAINABLE MOBILITY PLAN IMPLEMENTATION PROGRAM – 1) Receive the Semiannual Transportation Report; and 2) Adoption of a resolution reprioritizing implementation of the Sustainable Mobility Plan Program in the Capital Improvement Program. (Staff contact: Tom Frank, Public Works) City Manager’s Recommendation: Receive the report and adopt the resolution. ACTION: Council received the update; and Adopted Resolution No. 2022-198 – 5/0. 13. APPOINTMENT OF ONE MEMBER TO THE CARLSBAD GOLF LODGING BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD – 1) Adoption of a resolution appointing one member to the Carlsbad Golf Lodging July 26, 2022 Page 5 Business Improvement District Advisory Board; and 2) Adoption of a resolution appointing one member to the Carlsbad Tourism Business Improvement District Advisory Board. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2022-199 appointing Scott Mason to the Carlsbad Golf Lodging Business Improvement District Advisory Board – 5/0; and Adopted Resolution No. 2022-200 appointing Scott Mason to the Carlsbad Tourism Business Improvement District Advisory Board – 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 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: July 26, 2022 Page 6 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: 8:41 p.m. In accordance with Carlsbad Municipal Code (CMC) Section 20.20.20, notice is hereby given that the City Engineer has reviewed and, within 10-days following this City Council Meeting of July 26, 2022, will approve the following final map: Carlsbad Tract CT 2108-0002, located generally at 1205 Aviara Parkway. 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 442-339-2820 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 July 26, 2022 Page 7 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.