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HomeMy WebLinkAbout2023-01-24; 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 Reasonable Accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as required 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. City staff will respond to requests by noon on Tuesday, the day of the meeting, and will seek to resolve requests before the start of the meeting in order to maximize accessibility. 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. Jan. 24, 2023, 5 p.m. CITY COUNCIL Agenda Spectrum► AT&T U-verse Jan. 24, 2023 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder. ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item Nos. 1 and 3. INVOCATION: PLEDGE OF ALLEGIANCE: Council Member Acosta led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Oct. 18, 2022 Minutes of the Special Meeting held Nov. 15, 2022 Minutes of the Regular Meeting held Nov. 15, 2022 Minutes of the Regular Meeting held Dec. 13, 2022 ACTION: Minutes were approved as presented – 4/0. PRESENTATIONS: 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. ADVERTISE FOR BIDS FOR THE PHASE 2 PRESSURE REDUCING STATION REPLACEMENT PROJECT (CIP PROJECT NO. 5020) – Adoption of a Carlsbad Municipal Water District Board of Directors resolution authorizing the Secretary of the Board of Directors to advertise for bids for the Phase 2 Pressure Reducing Station Replacement Project. (Staff contact: Dave Padilla and Neil Irani, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1693 with amendments (see minutes for details) – 4/0. 2. AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO MOVE ABOVEGROUND UTILITY LINES ON VALLEY STREET AND MAGNOLIA AVENUE UNDERGROUND (CIP PROJECT NO. 6019) – Adoption of a resolution authorizing the City Manager to execute an agreement with San Diego Gas & Electric to perform rule 20A aerial-to-underground conversion of overhead utilities on Valley Street and Magnolia Avenue for Jan. 24, 2023 Page 3 an estimated amount of $2,844,592. (Staff contact: Lauren Ferrell and Hossein Ajideh, Public Works Department) ACTION: Adopted Resolution No. 2023-032 – 4/0. 3. AGREEMENT WITH THE SAN LUIS REY BAND OF MISSION INDIANS FOR THE DOWNTOWN AND TERRAMAR WATER MAIN REPLACEMENT PROJECT (CIP PROJECT NO. 3904) – Adoption of a Carlsbad Municipal Water District Board of Directors resolution to authorize a pre-excavation agreement with the San Luis Rey Band of Mission Indians for tribal monitoring during construction of the Downtown and Terramar Water Main Replacement Project. (Staff contact: Dave Padilla and Keri Martinez, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1694 – 4/0. 4. TRIESTE SLOPE REPAIR PROJECT – Adoption of resolution authorizing creation of a new Capital Improvement Program project, appropriation of $362,600 from the General Capital Construction Fund, exemption from the Purchasing Ordinance’s competitive bidding requirements and execution of a professional services agreement with Engineering Systems, Inc. to provide engineering, environmental and construction support services for the proposed Trieste Slope Repair Project. (Staff contact: Scott Lyle and Hossein Ajideh, Public Works Department) ACTION: Adopted Resolution No. 2023-033 – 4/0. 5. FISCAL YEAR 2021 STATE HOMELAND SECURITY PROGRAM GRANT – Adoption of a resolution accepting grant funds for fiscal year 2021 State Homeland Security Program, authorizing the City Manager to execute standard assurances, and appropriating $83,321 to the Public Safety Special Revenue Fund. (Staff contact: Kim Young, Fire Department) ACTION: Adopted Resolution No. 2023-034 – 4/0. 6. APPLICATION FOR GRANT FUNDS FROM FY 2022-23 CALIFORNIA STATE BUDGET - $5 MILLION FOR VETERANS MEMORIAL PARK – Adoption of a resolution approving application for specified grant funds from Budget Act 2022/23 - California State Budget Section 19.56(B)(1)(BA) $5,000,000 to the City of Carlsbad for Carlsbad Veterans Memorial Park Improvements. (Staff contact: Jason Haber, City Manager’s Department) ACTION: Adopted Resolution No. 2023-035 – 4/0. 7. SUMMARY VACATION OF A PUBLIC UTILITIES EASEMENT AT 3342 DONNA DRIVE (PD 2021-0019, VAC 2022-0005) – Adoption of a resolution approving a summary vacation of a public utilities easement over a portion of Lot 3 of Map No. 4393. (Staff contact: Nichole Fine, Community Development Department) ACTION: Adopted Resolution No. 2023-036 – 4/0. 8. REVISIONS TO THE SUPERVISORY CONTROL AND DATA ACQUISITION TECHNICIAN CLASSIFICATION, UTILITY LOCATOR CLASSIFICATION, AND CARLSBAD CITY EMPLOYEES’ ASSOCIATION SALARY SCHEDULE – Adoption of a resolution approving revisions to the Supervisory Control and Data Acquisition Technician classification, approval of the Utility Locator classification, and revision of Carlsbad City Employees’ Association salary schedule. (Staff contact: Jessica Dorsey and Judy von Kalinowski, Administrative Services Department) Jan. 24, 2023 Page 4 ACTION: Adopted Resolution No. 2023-037 – 4/0. 9. REPORT ON CITY INVESTMENTS AS OF NOV. 30, 2022 – Accept and file Report on City Investments as of Nov. 30, 2022. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Council received the report. ORDINANCES FOR INTRODUCTION: 10. UPDATE TO CARLSBAD MUNICIPAL CODE CHAPTER 1.15.040 – CAMPAIGN CONTRIBUTION LIMITS – Introduction of an ordinance amending Carlsbad Municipal Code Section 1.15.040 – Campaign Contribution Limits, to adjust contribution limits to reflect an increase in the California Consumer Price Index for All Urban Consumers for the San Diego region. (Staff contact: Faviola Medina, City Clerk’s Department) City Manager’s Recommendation: Introduce the ordinance. ACTION: Introduced Ordinance No. CS-443 – 4/0. 11. ANNUAL ELECTED OFFICIALS COMPENSATION REVIEW – Conduct annual review of elected officials compensation and introduce ordinances that: 1) Introduction of an ordinance adjusting City Council compensation by the amount established by the San Diego Regional Consumer Price Index; or 2) Introduction of an ordinance permanently waiving City Council compensation adjustments for 2023; and 3) Introduction of an ordinance adjusting City Clerk and City Treasurer compensation by the amount established by the San Diego Regional Consumer Price Index; or 4) Introduction of an ordinance declining City Clerk and City Treasurer compensation adjustments for 2023. (Staff contact: Silvano Rodriguez and Judy von Kalinowski, Administrative Services Department) City Manager’s Recommendation: Conduct review and introduce the ordinances. ACTION: Introduced Ordinance No. CS-444 with amendments (see minutes for details) – 3/1 (Burkholder – No); and Introduced Ordinance No. CS-445 – 4/0. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. SEMIANNUAL TRANSPORTATION REPORT – Receive the Semiannual Transportation Report. (Staff contact: Tom Frank, Public Works) City Manager’s Recommendation: Receive the report. ACTION: Council received the report. 13. UPDATE ON THE CITY’S EFFORTS TO IMPROVE TRAFFIC SAFETY, RATIFY CONTRACT FOR BIKE LANE IMPROVEMENTS AND CONSIDER EXTENDING THE EMERGENCY PROCLAMATION – 1) Receive a report on actions taken to date relating to a local traffic emergency proclaimed Aug. 23, 2022, including the Jan. 24, 2023 Page 5 city’s use of data to measure results and the launch of a new public education program; and 2) Receive a report on options available to fund additional traffic safety efforts recommended by the Traffic & Mobility and Planning commissions; and 3) Adoption of a resolution ratifying approval of the plans and specifications, acceptance of the bid and awarding a contract to Superior Pavement Markings, Inc. for the Green Bike Lane Enhancement Project in the amount of $372,343; and 4) Adoption a resolution extending the Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency in the City of Carlsbad until March 25, 2023, at 5 p.m., unless otherwise extended or terminated earlier by the City Council. (Staff contact: Geoff Patnoe, City Manager’s Department) City Manager’s Recommendation: Receive the reports and adopt the resolutions. ACTION: Council received the reports; and Adopted Resolution No. 2023-038; and Adopted Resolution No. 2023-039 – 4/0. 14. REQUEST FOR ADDITIONAL CITY FUNDING FOR THE NEW VILLAGE ARTS TENANT IMPROVEMENT PROJECT – Consider New Village Arts request for $228,411 in additional city funding for the New Village Arts Tenant Improvement Project, discuss options and provide direction to staff. (Staff contact: Curtis Jackson, Community Services Department) City Manager’s Recommendation: Consider the request and provide direction to staff. ACTION: Motion by, Mayor Blackburn seconded by Mayor Pro Tem Bhat-Patel directing staff to return to the City Council at a later date, with options for a loan agreement and a resolution allocating up to $228,411 to New Village Arts. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: City Council Regional Assignments (Revised 1/10/23) Keith Blackburn Mayor Buena Vista Lagoon JPC Chamber of Commerce Liaison (alternate) Encina Joint Powers JAC Encina Wastewater Authority Board of Directors Economic Development Subcommittee North County Dispatch Joint Powers Authority (alternate) Priya Bhat-Patel Mayor Pro Tem – District 3 City/School Committee Clean Energy Alliance JPA Economic Development Subcommittee League of California Cities – SD Division (alternate) North County Transit District Melanie Burkholder Council Member – District 1 Buena Vista Lagoon JPC City Council Legislative Subcommittee Encina Joint Powers JAC Encina Wastewater Authority Board of Directors North County Dispatch Joint Powers Authority North County Transit District (alternate) Teresa Acosta Chamber of Commerce Liaison Jan. 24, 2023 Page 6 Council Member – District 4 City Council Legislative Subcommittee City/School Committee Clean Energy Alliance JPA (alternate) Encina Joint Powers JAC (alternate) Encina Wastewater Authority Board of Directors (alternate) League of California Cities – SD Division San Diego County Water Authority Vacant District 2 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: 7:12 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 Jan. 24, 2023 Page 7 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.