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HomeMy WebLinkAbout2022-09-27; 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 can create a group. A group must select a single speaker as long as three other members of your group are present. All forms must be submitted to the City Clerk before the item begins and will only be accepted for items listed on the agenda (not for general public comment at the beginning of the meeting). 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. Sept. 27, 2022, 5 p.m. Sept. 27, 2022 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the City Council, the Carlsbad Municipal Water District Board of Directors, the Community Development Commission, the Public Financing Authority, and City Council as Successor Agency to the Redevelopment Agency on Ordinance for Introduction Item No. 4. The City Council is also serving as the City Council and the Carlsbad Municipal Water District Board of Directors on Departmental and City Manager Report Item No. 10. INVOCATION: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held Aug. 15, 2022 Minutes of the Regular Meeting held Aug. 30, 2022 Minutes of the Special Meeting held Sept. 13, 2022 Minutes of the Regular Meeting held Sept. 13, 2022 Minutes of the Special Meeting held Sept. 15, 2022 ACTION: Minutes were approved as presented, with the correction noted on the Minutes of the Special Meeting held Sept. 15, 2022 – 5/0, with the exception of Minutes of the Regular Meeting held Aug. 30, 2022, Minutes of the Special Meeting held Sept. 13, 2022, Minutes of the Regular Meeting held Sept. 13, 2022, and Minutes of the Special Meeting held Sept. 15, 2022 – 4/0/1 (Hall – Absent). PRESENTATIONS: Proclamation in recognition of Water Professionals’ Appreciation Week Proclamation in recognition of Public Safety Awareness Month Proclamation in recognition of Hispanic Heritage 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. 2023 REGULAR CITY COUNCIL MEETING CALENDAR – Adoption of a resolution approving the 2023 Regular City Council Meeting Calendar. (Staff contact: Sheila Cobian, City Manager Department and Faviola Medina, City Clerk Services Department) Sept. 27, 2022 Page 3 ACTION: Adopted Resolution No. 2022-222 – 5/0. 2. 2022 UPDATE OF THE RECORDS RETENTION SCHEDULE AND THE CITYWIDE RECORDS MANAGEMENT PROGRAM – Adoption of a resolution approving the update of the Citywide Records Management Program and Records Retention Schedule. (Staff contact: Pat Downie and Faviola Medina, City Clerk Services Department) ACTION: Adopted Resolution No. 2022-223 – 5/0. 3. REJECTION OF BID RECEIVED AND AUTHORIZATION TO RE-ADVERTISE TO RECEIVE BIDS FOR THE CARLSBAD BOULEVARD PEDESTRIAN IMPROVEMENT PROJECT (CIP PROJECT NO. 6097) – Adoption of a resolution rejecting the bid received and authorizing the City Clerk to re-advertise for bids, with a solicitation period of at least 30 days, for the Carlsbad Boulevard Pedestrian Improvement Project. (Staff contact: John Kim, Public Works Department) ACTION: Adopted Resolution No. 2022-224 – 5/0. ORDINANCE FOR INTRODUCTION: 4. 2022 CONFLICT OF INTEREST UPDATE – 1) Adoption of a resolution amending the Conflict of Interest Code of the City of Carlsbad; and 2) Adoption Carlsbad Municipal Water District Board of Directors resolution amending the Conflict of Interest Code of the Carlsbad Municipal Water District; and 3) Adoption of a Community Development Commission resolution amending the Conflict of Interest Code of the Community Development Commission; and 4) Adoption of a Public Financing Authority Board of Directors resolution amending the Conflict of Interest Code of the Public Financing Authority; and 5) Adoption of a City of Carlsbad as the Successor Agency for the Carlsbad Redevelopment Agency resolution amending the Conflict of Interest Code of the City of Carlsbad; and 6) Introduce an ordinance amending Carlsbad Municipal Code Chapter 1.14 – Disqualification for Conflict of Interest. (Staff contact: Kaylin McCauley and Faviola Medina, City Clerk’s Department and Cindie McMahon, City Attorney’s Department) City Manager’s Recommendation: Adopt the resolutions and introduce the ordinance. ACTION: Adopted Resolution No. 2022-225; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1683; and Adopted Community Development Commission Resolution No. 556; and Adopted Public Financing Authority Board of Directors Resolution No. 91; and Adopted Resolution No. 2022-226; and Introduced Ordinance No. CS-433 – 5/0. 5. ORDINANCE AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.08 – PENALTIES, AND CHAPTER 1.10 – ADMINISTRATIVE CODE ENFORCEMENT REMEDIES TO EXPAND THE CITY’S ENFORCEMENT OPTIONS –Introduction of an ordinance amending Carlsbad Municipal Code Title 1, Chapter 1.08 - Penalties and Chapter 1.10 - Administrative Code Enforcement Remedies. (Staff contact: Mike Strong, Community Development and Marissa Kawecki, City Attorney’s Department) City Manager’s Recommendation: Introduce the ordinance. Sept. 27, 2022 Page 4 ACTION: Introduced Ordinance No. CS-434 – 5/0. ORDINANCE FOR ADOPTION: 6. ADOPTION OF ORDINANCE NO. CS-430 - AMENDING THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.302 TO RESTRICT OVERNIGHT PARKING ON SURFSIDE LANE AND ISLAND WAY – Adoption of Ordinance No. CS-430 adding Section 10.40.302 to the Carlsbad Municipal Code to establish no parking zones along both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Carlsbad Boulevard between the hours of 11 p.m. and 5 a.m. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-430. ACTION: Adopted Ordinance No. CS-430 – 5/0. 7. ADOPTION OF ORDINANCE NOS. CS-431 AND CS-432 - 2022 ZONING ORDINANCE CLEANUP - VARIOUS AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE AND LOCAL COASTAL PROGRAM – 1) Adoption of Ordinance No. CS-431 adopting amendments to Carlsbad Municipal Code Title 5 (Business Licenses and Regulations) to ensure consistency with state law related to child day care homes. (Case Name: 2022 Zoning Ordinance Cleanup; Case No.: MCA 2022-0004); and 2) Adoption of Ordinance No. CS-432 adopting amendments to Carlsbad Municipal Code Title 15 (Grading and Drainage Ordinance) and Title 21 (Zoning Ordinance) to complete various miscellaneous cleanup amendments to the Carlsbad Municipal Code. The amendments also include a Local Coastal Program Amendment. (Case Name: 2022 Zoning Ordinance Cleanup; Case No.: MCA2022- 0004/ZCA2022-0002/LCPA 2022-0014). (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance Nos. CS-431 and CS-432. ACTION: Adopted Ordinance No. CS-431; and Adopted Ordinance No. CS-432 – 5/0. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. SAFER STREETS TOGETHER: OPTIONS TO ADDRESS LOCAL EMERGENCY RELATED TO TRAFFIC SAFETY IN CARLSBAD – 1) Receive a report about actions taken since the Aug. 23, 2022, proclamation of a local traffic safety emergency; and 2) Review and discuss potential additional actions to address the traffic safety emergency and provide direction as appropriate; and 3) Direct staff to return at the next City Council meeting with prepared resolutions, based on City Council direction. (Staff contact: Geoff Patnoe, City Manager Department) City Manager’s Recommendation: Receive the report and provide direction. ACTION: Council received the report; and Substitute Minute Motion by Council Member Acosta, seconded by Council Member Bhat-Patel to include everything in Option A, and refer Options B and C to the Traffic & Mobility Commission and the Planning Commission for their input and bring the item back to the City Council on Nov. 8, 2022 – 3/2 (Hall, Blackburn – No). Sept. 27, 2022 Page 5 9. APPROVAL OF LANE REDUCTION ON SOUTHBOUND CARLSBAD BOULEVARD BETWEEN SOLAMAR DRIVE AND ISLAND WAY, APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF CONTRACT FOR CONSTRUCTION OF THE CARLSBAD BOULEVARD RESTRIPING BETWEEN MANZANO DRIVE AND ISLAND WAY, BIKE LANE IMPROVEMENTS AT FIVE LOCATIONS ON CARLSBAD BOULEVARD AND THREE SUSTAINABLE MOBILITY PLAN BIKE ENHANCEMENT PROJECTS – Adopt a resolution approving the proposed lane reduction on southbound Carlsbad Boulevard between Solamar Drive and Island Way and approving the plans and specifications and awarding a contract to VSS International, Inc., a California Corporation, for the construction of the Carlsbad Boulevard restriping project, bike lane improvements at five locations on Carlsbad Boulevard and three Sustainable Mobility Plan bike enhancement projects. (Staff contact: John Kim, Public Works) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2022-227 – 3/2 (Hall, Blackburn – No). 10. AUTHORIZE CITY AND CARLSBAD MUNICIPAL WATER DISTRICT SUPPORT FOR THE ENCINA WASTEWATER AUTHORITY’S ONE WATER NORTH SAN DIEGO COUNTY WATER REUSE STUDIES – 1) Receive a report from Encina Wastewater Authority General Manager Scott McClelland on “One Water North San Diego County,” a potable water reuse project being studied by the wastewater authority; and 2) Adoption of a resolution authorizing the City Manager to sign the Principles of Understanding document committing the City to be an Advocacy Agency of the One Water North San Diego County Water Reuse Project for 2022-2023; and 3) Adoption of a Carlsbad Municipal Water District Board of Directors resolution authorizing the Executive Manager to sign the Principles of Understanding document committing the district to be an Advocacy Agency of the One Water North San Diego County Water Reuse Project for 2022-2023. (Staff contact: Vicki Quiram, Public Works) City Manager’s Recommendation: Receive the report and adopt the resolutions. ACTION: Council received the report; and Adopted Resolution No. 2022-228; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1684 – 5/0. 11. GENERAL FUND SURPLUS POLICY: APPROVAL OF FISCAL YEAR 2021-22 BUDGET CARRYFORWARD REQUESTS AND APPROPRIATION OF FUNDS TO FY 2022-23 – 1) Adoption of a resolution approving fiscal year 2021-22 budget carryforward requests and appropriation of funds to fiscal year 2022-23 and authorizing capital outlay purchases; and Consider the following to approve three additional uses of the General Fund budget surplus from fiscal year 2021-22 and General Fund reserve: 2) Adoption of a resolution approving the appropriation and transfer from General Fund reserves in fiscal year 2022-23 to the city’s Workers’ Compensation Fund; and 3) Adoption of a resolution approving the appropriation and transfer from General Fund reserves in fiscal year 2022-23 to the city’s Risk Management Fund; and Sept. 27, 2022 Page 6 4) Adoption of a resolution approving the appropriation and transfer from General Fund reserves in fiscal year 2022-23 to the city’s Fleet Maintenance Fund. (Staff contact: Zach Korach, Administrative Services Department) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2022-229; and Adopted Resolution No. 2022-230; and Adopted Resolution No. 2022-231; and Adopted Resolution No. 2022-232 – 4/1 (Hall – No). 12. AUTHORIZATION TO EXTEND THE TERM AND MODIFY THE NAME OF THE AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS’ ADVISORY COMMITTEE AND THE MAYORAL APPOINTMENT OF SIX MEMBERS TO THE AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS’ ADVISORY COMMITTEE – 1) Adoption of a resolution extending the term and modifying the name of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee; and 2) Adoption of a resolution appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 3) Adoption of a resolution appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 4) Adoption of a resolution appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 5) Adoption of a resolution appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 6) Adoption of a resolution appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and 7) Adoption of a resolution appointing one member to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee. (Staff contact: Faviola Medina and Tammy McMinn, City Clerk’s Department) City Manager’s Recommendation: Adopt the resolutions. ACTION: Adopted Resolution No. 2022-233; and Adopted Resolution No. 2022-234 appointing Sadry Hedayat to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and Adopted Resolution No. 2022-235 appointing Jaime Householder to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and Adopted Resolution No. 2022-236 appointing Carolyn Alkire to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and Adopted Resolution No. 2022-237 appointing Joseph Brisbois to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and Adopted Resolution No. 2022-238 appointing Jon Lash to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee; and Adopted Resolution No. 2022-239 appointing Olga Lichten to the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee – 5/0. Sept. 27, 2022 Page 7 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: 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. Sept. 27, 2022 Page 8 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 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. Sept. 27, 2022 Page 9 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.