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HomeMy WebLinkAbout2023-05-16; 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 In Person On TV Online City Council Chamber 1200 Carlsbad Village Drive Watch the city’s cable channel Spectrum 24 and AT&T U-verse 99 Watch the livestream at carlsbadca.gov/watch 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. May 16, 2023, 5 p.m. CITY COUNCIL ~Agenda - Spectrum 24 AT&T U-verse 99 May 16, 2023 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 3. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bhat-Patel led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held April 18, 2023 Minutes of the Special Meeting held May 9, 2023 ACTION: Minutes were approved as presented – 5/0. PRESENTATIONS: Proclamation in recognition of Asian American & Pacific Islander Heritage Month Proclamation in recognition of National Bike Month Proclamation in recognition of Food Allergy Awareness Week 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. REPORT ON CITY INVESTMENTS AS OF MARCH 31, 2023 – Accept and file Report on City Investments as of March 31, 2023. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Council received the report – 5/0. 2. RIGHT OF ENTRY PERMIT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR MAINTENANCE OF THE UPPER PICNIC FACILITIES AT TAMARACK STATE BEACH AND COASTAL BLUFF AT TAMARACK/FRAZEE STATE BEACH, AND FOR REIMBURSEMENT FOR PLAN REVIEWS OF TWO CITY PROJECTS (CIP PROJECT NOS. 3896 AND 6058) – Adoption of a resolution authorizing the execution of a right of entry permit with the State of California Department of Parks & Recreation to maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach, and to reimburse the state for plan reviews of two Capital Improvement Program projects that impact state property: Beach Access Repairs and Upgrades from Pine to Tamarack Avenues (CIP Project No. May 16, 2023 Page 3 3896), and Carlsbad Boulevard and Tamarack Avenue Intersection Improvements (CIP Project No. 6058). (Staff contact: Todd Reese, Community Services Department) ACTION: Adopted Resolution No. 2023-128 – 5/0. 3. AMENDMENT NO. 4 TO THE MASTER AGREEMENT WITH BROWN AND CALDWELL FOR SUPERVISORY CONTROL AND DATA ACQUISITION MASTER PLAN FOR SEWER, WATER AND RECYCLED WATER SYSTEMS (CIP PROJECT NO. 5542) – Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving Amendment No. 4 to extend the Master Agreement with Brown and Caldwell for Supervisory Control and Data Acquisition Master Plan for Sewer, Water and Recycled Water Systems for an additional three years. (Staff contact: Stephanie Harrison and Vicki Quiram, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Resolution No. 1704 – 5/0. 4. CONTINUATION OF THE DECLARATION OF A STORM-RELATED LOCAL EMERGENCY FOR REPAIR OF A SINKHOLE ON HAYMAR DRIVE – Adoption of a resolution continuing the declaration of a storm-related local emergency for repair of a sinkhole in the area of Haymar Drive. (Staff contact: Tom Frank and Vicki Quiram, Public Works Department) ACTION: Adopted Resolution No. 2023-129 – 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 5. AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A SITE DEVELOPMENT PLAN FOR A 164,833 SQUARE-FOOT RESEARCH AND DEVELOPMENT BUILDING IN THE CARLSBAD OAKS NORTH BUSINESS PARK – Adoption of a resolution denying an appeal and upholding a decision of the Planning Commission to approve a site development plan for the development of a 164,833-square-foot, 48- foot-tall research and development building, a 21-foot-tall, three-level parking structure and a pedestrian bridge across Whiptail Loop for IONIS Pharmaceuticals, located on an 8.37-acre vacant site, on the north side of Whiptail Loop, comprising lots 21 and 22 (Assessor Parcel Numbers 209-120-23- 00 and 209-120-24-00 and within local Facilities Management Zone 16) of the Carlsbad Oaks North Specific Plan, SP 211(c). (Staff contact: Eric Lardy, Community Services Department) City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolution. ACTION: Adopted Resolution No. 2023-130 – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 6. UPDATE ON THE CITY’S RESPONSE TO THE LOCAL TRAFFIC SAFETY EMERGENCY AND OPTION TO EXTEND THE EMERGENCY PROCLAMATION FOR AN ADDITIONAL 60 DAYS – 1) Receive a report on actions taken to date relating to a local traffic safety emergency proclaimed Aug. 23, 2022; 2) Adoption of a resolution extending the Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency in the City of Carlsbad until July 15, 2023, at 5 p.m., unless otherwise May 16, 2023 Page 4 extended or terminated by the City Council. (Staff contact: Geoff Patnoe, City Manager’s Department) City Manager’s Recommendation: Receive the report and adopt the resolution. ACTION: Council received the report; and Adopted Resolution No. 2023-131 – 5/0. 7. AMBULANCE REVENUE AND BILLING – Receive a report describing ambulance billing methodology and recent changes in reimbursement and revenue. (Staff contact: Nathan Pearson, Fire Department) City Manager’s Recommendation: Receive the report. ACTION: Council received the report. 8. ECONOMIC AND FINANCIAL UPDATE FOR THE THIRD QUARTER OF FISCAL YEAR 2022-23 – Receive a report on the economic and financial update for the third quarter of fiscal year 2022-23 and provide direction as appropriate. (Staff contact: Zach Korach and Matt Sanford, Administrative Services Department) City Manager’s Recommendation: Receive the report and provide direction as appropriate. ACTION: Council received the report. 9. $2.2 MILLION FORGIVABLE LOAN FROM HOUSING FUNDS TO CATHOLIC CHARITIES DIOCESE OF SAN DIEGO FOR THE EXPANSION OF LA POSADA DE GUADALUPE HOMELESS SHELTER – Adoption of a resolution authorizing a commitment of a $2,200,000 forgivable loan ($1,470,621 from the City of Carlsbad Housing Trust Fund and $729,379 from the Permanent Local Housing Allocation Fund) to Catholic Charities Diocese of San Diego for the expansion of La Posada de Guadalupe homeless shelter. (Staff contact: Mandy Mills, Community Services Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2023-132 – 4/1 (Burkholder – No). 10. STATE OF CALIFORNIA LOCAL HOUSING TRUST FUND APPLICATION – Adoption of a resolution authorizing the submittal of a Local Housing Trust Fund application to the State of California Department of Housing and Community Development in the amount of $1,770,000. (Staff contact: Nicole Piano-Jones, Community Services Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2023-133 – 5/0. 11. CONSIDER APPROVAL OF A CITY COUNCIL POLICY STATEMENT – INVOCATION AT CITY COUNCIL MEETINGS – Adoption of a resolution approving City Council Policy Statement – Invocation at City Council Meetings. (Staff contact: Sheila Cobian, City Manager’s Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta directing staff to return to City Council with an ordinance amending Carlsbad Municipal Code Chapter 1.20, Section 1.20.060(E), eliminating the Invocation from the City Council May 16, 2023 Page 5 agenda order of business – 4/1 (Burkholder – No). 12. BUDGET WORKSHOP DISCUSSION – Consider a request from Council Member Burkholder to discuss and decide whether to schedule a budget workshop. (Staff contact: Sheila Cobian, City Manager’s Department) City Manager’s Recommendation: Consider the request and provide direction to staff. ACTION: Motion by Council Member Burkholder, seconded by Mayor Pro Tem Bhat-Patel to host a budget workshop at the Faraday Administration Center on June 1, 2023, at 5:30 p.m. – 5/0. COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS: This portion of the agenda is for the City Council Members to make brief announcements, brief reports of their activities and requests for future agenda items. City Council Regional Assignments (Revised 3/21/23) 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 SANDAG Board of Directors (2nd alternate) SANDAG Shoreline Preservation Work Group (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 SANDAG Board of Directors (1st alternate) Melanie Burkholder Council Member – District 1 City Council Legislative Subcommittee North County Dispatch Joint Powers Authority (alternate) SANDAG Board of Directors Teresa Acosta Council Member – District 4 Chamber of Commerce Liaison 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 North County Dispatch Joint Powers Authority San Diego County Water Authority Carolyn Luna Council Member – District 2 Buena Vista Lagoon JPC Encina Joint Powers JAC Encina Wastewater Authority Board of Directors North County Transit District (alternate) SANDAG Shoreline Preservation Work Group May 16, 2023 Page 6 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: 8:18 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. May 16, 2023 Page 7 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.