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HomeMy WebLinkAbout2022-10-11; 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. Oct. 11, 2022, 5 p.m. Oct. 11, 2022 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Norby. Absent: Hall. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. INVOCATION: PLEDGE OF ALLEGIANCE: Council Member Norby led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Proclamation in Recognition of National Arts & Humanities Month Proclamation in Recognition of Indigenous Peoples’ Day Proclamation in Recognition of National Disability Employment Awareness 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. RESCIND CITY COUNCIL POLICY NO. 35 - SEWER MASTER PLAN AND POLICY NO. 49 - RECYCLED PRODUCTS – Adoption of a resolution rescinding City Council Policy Nos. 35 and 49. (Staff contact: Paz Gomez, Public Works) ACTION: Adopted Resolution No. 2022-240 – 4/0/1 (Hall – Absent). 2. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT FOR THE SCHOOL RESOURCE OFFICER PROGRAM FOR THE 2022-23 SCHOOL YEAR Adoption of a resolution approving a Memorandum of Understanding between the City of Carlsbad and Carlsbad Unified School District for the School Resource Officer Program for the 2022-23 School Year. (Staff contact: Cindy Anderson, Police Department) ACTION: Adopted Resolution No. 2022-241 – 4/0/1 (Hall – Absent). 3. AGREEMENT ALLOWING THE COUNTY OF SAN DIEGO TO TEMPORARILY PLACE MAIL BALLOT DROP BOXES AT CITY LIBRARIES – Adoption of a resolution delegating authority to the City Manager to execute agreements with the County of San Diego to use library facilities for the temporary installation Oct. 11, 2022 Page 3 of mail ballot drop boxes. (Staff contact: Suzanne Smithson, Library & Cultural Arts and Allegra Frost, City Attorney’s Department) ACTION: Adopted Resolution No. 2022-242 – 4/0/1 (Hall – Absent). ORDINANCES FOR INTRODUCTION: 4. COMPENSATION FOR THE CITY CLERK AND CITY TREASURER – Introduction of an ordinance amending Carlsbad Municipal Code Chapter 2.04, Section 2.04.020 – Compensation – City Clerk and City Treasurer. (Staff contact: Cindie McMahon, City Attorney’s Department and Sheila Cobian, City Manager’s Department) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-435 – 4/0/1 (Hall – Absent). ORDINANCES FOR ADOPTION: 5. ORDINANCE NO. CS-433 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.14 – DISQUALIFICATION FOR CONFLICT OF INTEREST – Adoption of Ordinance No. CS-433 amending Carlsbad Municipal Code Chapter 1.14 – Disqualification for Conflict of Interest. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-433. ACTION: Adopted Ordinance No. CS-433 – 4/0/1 (Hall – Absent). 6. ORDINANCE NO. CS-434 AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 1.08 – PENALTIES AND CHAPTER 1.10 – ADMINISTRATIVE CODE ENFORCEMENT REMEDIES – Adoption of Ordinance No. CS- 434 amending Carlsbad Municipal Code Title 1, Chapter 1.08 – Penalties and Chapter 1.10 – Administrative Code Enforcement Remedies. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance No. CS-434. ACTION: Adopted Ordinance No. CS-434 – 4/0/1 (Hall – Absent). PUBLIC HEARINGS: 7. TAX AND EQUITY FISCAL RESPONSIBITY ACT PUBLIC HEARING FOR THE ISSUANCE OF TAX-EXEMPT BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE BENEFIT OF USA PROPERTIES FUND, INC. AND REQUEST ADDITIONAL FUNDING FOR THE MARJA ACRES SENIOR APARTMENTS 1) Adoption of a resolution approving the issuance of the California Municipal Finance Authority Multifamily Housing Revenue Bonds for the benefit of Carlsbad 685, L.P., or a subsidiary or affiliate created by USA Properties Fund, Inc., in an aggregate principal amount not to exceed $15,000,000 for the purpose of financing and refinancing the acquisition, construction, rehabilitation, improvement and equipping of Marja Acres Apartments, a 47-unit multifamily rental senior housing project located in Carlsbad, CA; and 2) Adoption of a resolution approving an increase of $65,000 in the loan amount from the Housing Trust Fund to USA Properties Fund for the Marja Acres Senior Apartments Affordable Housing Project (DEV 16-038). (Staff contact: Mandy Mills, Housing & Homeless Services) ACTION: Adopted Resolution No. 2022-243; and Oct. 11, 2022 Page 4 Adopted Resolution No. 2022-244 – 4/0/1 (Hall – Absent) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolutions. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. UPDATE ON STATUS OF NEGOTIATIONS TO RELOCATE SAN DIEGO GAS & ELECTRIC’S NORTH COAST SERVICE CENTER – Receive status update and provide direction on negotiations to relocate SDG&E’s North Coast Service Center. (Staff contact: Gary Barberio, Community Services and Cindie McMahon, City Attorney’s Department) City Manager’s Recommendation: Receive the update and provide direction. ACTION: Council received the report; and Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel directing staff to continue negotiations and return to the City Council for a discussion regarding Lot 11 when the full City Council is present – 3/0/2 (Hall, Norby – Absent). 9. REPORT ON POSSIBLE PROGRAMS TO HELP ENTRY-LEVEL HOMEBUYERS PURCHASE A HOME IN CARLSBAD – Receive the staff report and provide direction regarding possible programs to help entry- level homebuyers purchase a home in Carlsbad. (Staff contact: Jeff Murphy, Community Development and Mandy Mills, Housing & Homeless Services) City Manager’s Recommendation: Receive the report and provide direction. ACTION: Council received the report; and Motion by Council Member Norby, seconded by Council Member Bhat-Patel to approve staff’s recommendations to increase inclusionary requirements for Housing Element Sites and add specialized affordability requirements for City-Owned sites, as well as directing the City Council Legislative Subcommittee to monitor state and federal housing legislation – 4/0/1 (Hall – Absent). 10. CARLSBAD STRATEGIC PLAN 2023-2027 – Adoption of a resolution adopting the Carlsbad Strategic Plan 2023-2027. (Staff contact: Jason Haber, City Manager’s Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2022-245; and Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel to deprioritize the Village H project and directing staff to transition all passenger fleet vehicles purchased after fiscal year 2022-2023 to be 100% electric vehicles, with the exception of public safety vehicles, which will be electric where feasible – 4/0/1 (Hall – Absent). 11. UPDATE ON THE CITY OF ENCINITAS’ E-BIKE SHARE PROGRAM – Receive an informational report on the development and performance of the Encinitas E-Bike Share Program. (Staff contact: Nathan Schmidt, Public Works) City Manager’s Recommendation: Receive the report. ACTION: Council received the report – 4/0/1 (Hall – Absent). Oct. 11, 2022 Page 5 12. SAN DIEGO REGIONAL DECARBONIZATION FRAMEWORK – Receive a presentation on the San Diego Regional Decarbonization Framework from the County of San Diego staff. (Staff contact: Katie Hentrich and Jamie Wood, Public Works) City Manager’s Recommendation: Receive the presentation. ACTION: Council received the presentation – 4/0/1 (Hall – Absent). 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: Oct. 11, 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: 7:50 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 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 Oct. 11, 2022 Page 7 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.