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HomeMy WebLinkAbout2022-11-08; 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. Nov. 8, 2022, 5 p.m. Nov. 8, 2022 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, Acosta, Norby. ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the City of Carlsbad City Council and the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item Nos. 2 and 4. The City Council is serving as the City of Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 3. INVOCATION: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Sept. 27, 2022 ACTION: Minutes were approved as presented – 5/0. PRESENTATIONS: Proclamation in recognition of Native American Heritage Month PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: No reportable action. 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 TWO WORKERS’ COMPENSATION CLAIMS FOR MATTHEW LOWE – Adoption of a resolution authorizing settlement of two workers’ compensation claims for Matthew Lowe. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2022-253 – 5/0. 2. SETTING PUBLIC HEARING DATE FOR NEW HYDRAULIC MODELING FEES – 1) Adoption of a resolution setting a public hearing for 5 p.m. on Dec. 6, 2022, to consider adopting fees for wastewater collection system hydraulic modeling services to the city’s Master Fee Schedule; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution setting a public hearing for 5 p.m. on Dec. 6, 2022, to consider adopting fees for water and recycled water system hydraulic modeling services to the City of Carlsbad Master Fee Schedule. (Staff contact: Dave Padilla and Shoshana Aguilar, Public Works Department) Nov. 8, 2022 Page 3 ACTION: Adopted Resolution No. 2022-254; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1686 – 5/0. 3. ADVERTISE FOR BIDS FOR THE RECYCLED WATER PHASE III RESERVOIR PROJECT, CIP PROJECT NO. 5210 – Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving plans, specifications and contract documents and authorizing the Secretary of the Board of Directors to advertise for bids for the Recycled Water Phase III Reservoir Project. (Staff contact: Dave Padilla and Neil Irani, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1687 – 5/0. 4. MASTER AGREEMENTS FOR UTILITIES MODELING – 1) Adoption of a resolution awarding new master Agreement No. PSA22-1964CA to HDR Engineering, Inc. for utilities modeling and authorizing the City Manager to terminate Agreement No. PSA22-1674CA with Kennedy/Jenks Consultants, Inc.; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution awarding new master Agreement No. PSA22-1963CA to Kennedy/Jenks Consultants, Inc. for potable and recycled water systems utilities modeling and authorizing the Executive Manager to terminate Agreement No. PSA22- 1665CA with HDR Engineering, Inc. (Staff contact: Craddock Stropes, Public Works Department) ACTION: Adopted Resolution No. 2022-255; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1688 – 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 5. ORDINANCE NO. CS-438 - UPDATE TO THE CITY’S HISTORIC PRESERVATION ORDINANCE – Adoption of Ordinance No. CS-438 amending Carlsbad Municipal Code Title 2, Chapter 2.42 Historic Preservation Commission and Title 22 Historic Preservation. (Staff contact: Faviola Medina, City Clerk Services Department) City Manager’s Recommendation: Adopt Ordinance No. CS-438 ACTION: Adopted Ordinance No. CS-438 – 5/0. PUBLIC HEARINGS: 6. ORDINANCE NO. CS-436 – ADOPTING THE 2022 CALIFORNIA FIRE CODE, ALONG WITH LOCAL AMENDMENTS – Adoption of Ordinance No. CS-436 repealing existing Chapter 17.04 of the Carlsbad Municipal Code, and adopting a new Chapter 17.04, Fire Prevention Code based on the 2022 California Fire Code. (Staff contact: Randy Metz, Fire Department) City Manager’s Recommendation: Take public input, close the public hearing and adopt Ordinance No. CS-436. ACTION: Adopted Ordinance No. CS-436 – 5/0. 7. ORDINANCE NO. CS-437 – ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND RELATED CALIFORNIA CODES FOR CONSTRUCTION, ALONG WITH LOCAL AMENDMENTS – Adoption of Ordinance No. CS-437 repealing and replacing Carlsbad Municipal Code Chapters 18.04 (Building Code), 18.06 (Uniform Housing Code), 18.08 (Mechanical Code, to be retitled Historical Building Code), Nov. 8, 2022 Page 4 18.12 (Electrical Code), 18.16 (Plumbing Code), 18.18 (Solar Energy Code), 18.19 (Dangerous Building Code), 18.20 (Residential Code), 18.21 (Green Building Standards Code), and 18.30 (Energy Conservation Regulations), and adding Chapters 18.03 (General Provisions), 18.09 (Existing Building Code), and 18.10 (Mechanical Code), based on the 2022 California Building Standards Code as amended. (Staff contact: Mike Strong, Community Development Department) City Manager’s Recommendation: Take public input, close the public hearing and adopt Ordinance No. CS-437. ACTION: Adopted Ordinance No. CS-437 – 5/0. 8. ZONING CHANGES TO ALLOW FOR A FOUR-UNIT CONDOMINIUM BUILDING AND DETACHED OFFICE BUILDING AT 2754 AND 2770 JEFFERSON STREET – 1) Adoption of a resolution adopting an addendum to the City of Carlsbad General Plan Environmental Impact Report, State Clearinghouse No. 2011011004 (EIR 13-02), and approving a General Plan Amendment to change the General Plan designation from R-15, Residential to R-15/O, Residential/Office on a parcel generally located at 2754 Jefferson Street (APN 203-201-01-00) within Local Facilities Management Zone 1 (Case Name: Jefferson Mixed-Use; Case No.: GPA 2021-0004 (DEV2020-0116)); and 2) Introduction of an ordinance approving zone change (amendment to the citywide zoning map) from Residential Density-Multiple Zone (RD-M) to Residential-Professional with a Qualified Overlay Development Zone (R-P-Q) on a 0.16 acre parcel generally located at 2754 Jefferson Street (APN 203- 201-01-00) in Local Facilities Management Zone 1 (Case Name: Jefferson Mixed-Use; Case No.: ZC 2021-0003 (DEV2020-0116); and 3) Adoption of a resolution approving a Tentative Tract Map, Planned Development Permit, Non- Residential Planned Development Permit and Site Development Plan to merge two lots and construct four residential air-space condominium units and a detached, approximately 897-square-foot office building on an approximate 0.32 acre site located at 2754 and 2770 Jefferson Street (APNS 203-201- 01, -02) within Local Facilities Management Zone 1 (Case Name: Jefferson Mixed-Use; Case No.: CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0116)). (Staff contact: Lauren Yzaguirre, Community Development Department) City Manager’s Recommendation: Take public input, close the public hearing, adopt the resolutions and introduce the ordinance. ACTION: Adopted Resolution No. 2022-256; and Introduced Ordinance No. CS-439; and Adopted Resolution 2022-257 – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: None. 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 Buena Vista Lagoon JPC Nov. 8, 2022 Page 5 Mayor Pro Tem – District 2 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: 5:47 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 November 8, 2022, will approve the following final map: Carlsbad Tract CT 16-07, located generally at 4901 El Camino Real. 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. Nov. 8, 2022 Page 6 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 (442) 339-2808. 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 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 Nov. 8, 2022 Page 7 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.