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HomeMy WebLinkAbout2022-12-13; 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. Dec. 13, 2022, 5 p.m. Dec. 13, 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 also serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item Nos. 4 and 8. INVOCATION: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Oath of Office Ceremony Presentation to Council Member Norby Presentation to Mayor Hall PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. 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. BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENTS LIST FOR 2023 – Receive and file the Boards, Commissions and Committees Local Appointments List for 2023. (Staff contact: Faviola Medina and Tammy McMinn, City Clerk’s Department) ACTION: Council received the list – 5/0. 2. DECLARING THE RESULTS OF THE NOV. 8, 2022, MUNICIPAL ELECTION – Adoption of a resolution reciting the facts of the municipal election held on November 8, 2022, and declaring the results and such other matters as provided by law. (Staff contact: Faviola Medina, City Clerk’s Department) ACTION: Adopted Resolution No. 2022-279 – 5/0. 3. REPORT ON CITY INVESTMENTS AS OF OCT. 31, 2022 – Accept and file Report on City Investments as of Oct. 31, 2022. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Council received the report – 5/0. Dec. 13, 2022 Page 3 4. ANNUAL FINANCIAL INFORMATION REPORT ON CAPITAL PROJECT FUNDS AND SPECIAL TAXES – 1) Adoption of a resolution accepting the Annual Financial Information Report on Capital Project Funds and Special Taxes pursuant to California Government Code Sections 50075.3, 66001 and 66006; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution accepting the Annual Financial Information Report on Capital Project Funds pursuant to California Government Code Sections 66001 and 66006. (Staff contact: Kim Riboni, Administrative Services Department) ACTION: Adopted Resolution No. 2022-280; and Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1691 – 5/0. 5. RECOGNITION OF INDIGENOUS PEOPLES’ DAY AS A PAID HOLIDAY – Adoption of a resolution approving side letter agreements with the Carlsbad City Employees’ Association, Carlsbad Police Officers’ Association, Carlsbad Police Management Association and Carlsbad Firefighters’ Association, Inc. and approving revisions to the Emergency Medical Technician Employment, Compensation and Benefits Plan and The Management Compensation and Benefits Plan. (Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2022-281 – 5/0. 6. PURCHASE OF THE VARONIS DATA SECURITY PLATFORM FROM CDW•G LLC – Adoption of a resolution authorizing the City Manager to execute documents necessary to procure three (3) years of Varonis from CDW•G, LLC in an amount not to exceed $487,476. (Staff contact: Maria Callander, Administrative Services Department) ACTION: Adopted Resolution No. 2022-282 – 5/0. 7. AGREEMENT WITH CDW GOVERNMENT LLC FOR MICROSOFT LICENSING SERVICES – Adoption of a resolution authorizing the City Manager to execute an agreement with CDW Government LLC for Microsoft Licensing Services in an amount not to exceed $2,012,664.21 for a term ending Dec. 31, 2025. (Staff contact: Maria Callander, Administrative Services Department) ACTION: Adopted Resolution No. 2022-283 – 5/0. 8. AGREEMENT WITH N. HARRIS COMPUTER CORPORATION FOR SUPPORT AND MAINTENANCE OF NORTHSTAR SOFTWARE – Adoption of a Carlsbad Municipal Water District Board of Directors resolution authorizing the Executive Manager to execute an agreement with N. Harris Computer Corporation for utility billing software maintenance and support services in an amount not to exceed $307,805. (Staff contact: Doug Kappel, Administrative Services Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1692 – 5/0. 9. AGREEMENT WITH ATKINS NORTH AMERICA INC., DBA FAITHFUL+GOULD, TO PROVIDE CITYWIDE FACILITY CONDITION ASSESSMENT AND FACILITY SYSTEM ASSET INVENTORY SERVICES – Adoption of a resolution authorizing an agreement with Atkins North America, Inc., DBA Faithful+Gould, to provide citywide facility condition assessment and facility system asset inventory services, in an amount not to exceed $291,173. (Staff contact: Charles Balteria, Public Works Department) ACTION: Adopted Resolution No. 2022-284 – 5/0. Dec. 13, 2022 Page 4 10. ADVERTISE FOR BIDS FOR THE KELLY DRIVE SEWER REPLACEMENT PROJECT, CIP PROJECT NO. 5548 – Adoption of a resolution approving the plans, specifications and contract documents and authorizing the City Clerk to advertise for bids for the Kelly Drive Sewer Replacement Project. (Staff contact: Dave Padilla and Neil Irani, Public Works Department) ACTION: Adopted Resolution No. 2022-285 – 5/0. 11. ACCEPTING THE FISCAL YEAR 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT OF $18,072 – Adoption of a resolution authorizing the City Manager to accept the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Funds and authorizing the Deputy City Manager of Administrative Services or designee to appropriate $18,072 to the Public Safety Grants Special Revenue Fund. (Staff contact: Amanda Baker, Police Department) ACTION: Adopted Resolution No. 2022-286 – 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 12. ORDINANCE NOS. CS-441 AND CS-442 – ESTABLISHING COMMUNITY POLICE ENGAGEMENT COMMISSION – 1) Adoption of Ordinance No. CS-441 amending Chapter 2.15 and adding Chapter 2.30 Community-Police Engagement Commission to Title 2 of the Carlsbad Municipal Code; and 2) Adoption of Ordinance No. CS-442 amending Sections 2.15.030 and 2.15.070 of the Carlsbad Municipal Code. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Adopt Ordinance Nos. CS-441 and CS-422. ACTION: Adopted Ordinance No. CS-441 – 3/1 (Burkholder – No); and Adopted Ordinance No. CS-442 – 4/0. PUBLIC HEARINGS: None. 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 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) Dec. 13, 2022 Page 5 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: 6:05 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 Dec. 13, 2022 Page 6 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.