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HomeMy WebLinkAbout2023-06-13; 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 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. June 13, 2023, 5 p.m. CITY COUNCIL ~Agenda - Spectrum 24 AT&T U-verse 99 June 13, 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. 6. The City Council is also serving as the Carlsbad Municipal Water District Board of Directors, Public Financing Authority, Community Development Commission and the Successor for the Redevelopment Agency for Public Hearings Item No. 9. PLEDGE OF ALLEGIANCE: Council Member Burkholder led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATIONS: Carlsbad Historic Preservation Month Proclamation & Third Grade Art Presentation Juneteenth Day Proclamation 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 APRIL 28, 2023 – Accept and file Report on City Investments as of April 28, 2023. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Council received the report – 5/0. 2. SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM OF DONALD SEALE – Adoption of a resolution authorizing settlement of the Workers’ Compensation claim of Donald Seale in the amount of $120,422. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2023-155 – 5/0. 3. COMPLIANCE REPORT FOR ANNUAL FIRE INSPECTIONS – Adoption of a resolution accepting a compliance report on the status of all state-mandated annual fire inspections in the City of Carlsbad. June 13, 2023 Page 3 (Staff contact: Randy Metz, Fire Department) ACTION: Adopted Resolution No. 2023-156 – 5/0. 4. FISCAL YEAR 2022 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM – Adoption of resolution authorizing the City Manager to execute an agreement with the City of San Diego to accept $72,600 for Fiscal Year 2022 Urban Area Security Initiative Grant Funds and authorizing the Deputy City Manager, Administrative Services to appropriate funds for program expenses. (Staff contact: Jennie Marinov, Fire Department) ACTION: Adopted Resolution No. 2023-157 – 5/0. 5. AGREEMENT WITH PATROL MASTERS SECURITY SERVICES INC. FOR SCHOOL ADULT CROSSING GUARD SERVICES – Adoption of a resolution accepting a bid and approving an agreement with Patrol Masters Security Services Inc. for school adult crossing guard services and authorizing the Deputy City Manager, Administrative Services, to increase fiscal year 2022-23 appropriations for the agreement by $35,299. (Staff contact: Amanda Baker and Alonso DeVelasco, Police Department) ACTION: Adopted Resolution No. 2023-158 – 5/0. 6. DEACTIVATION OF WATER SHORTAGE LEVEL 2 DROUGHT RESPONSE ACTIONS DUE TO ROLLBACK OF EMERGENCY PROVISIONS – Adoption of a Carlsbad Municipal Water District Board of Directors resolution directing the Executive Manager to return to implementation of the water demand reduction actions in the Carlsbad Municipal Water District’s water conservation program Drought Response Level 1 and to end implementation of demand reduction actions in the Level 2 response. (Staff contact: Vicki Quiram, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1709 – 5/0. 7. AWARD OF CONTRACT TO L.C. PAVING & SEALING INC. FOR THE 2023 CONCRETE REPAIR PROJECT (CIP PROJECT NO. 6013-23) – Adoption of a resolution accepting bids and awarding a contract to L.C. Paving & Sealing, Inc. for the 2023 Concrete Repair Project as part of the Concrete Repair/Replacement Program, Capital Improvement Program Project No. 6013-23, in an amount not to exceed $933,826. (Staff contact: Eric Zielke and Hossein Ajideh, Public Works Department) ACTION: Adopted Resolution No. 2023-159 – 5/0. 8. 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. 2023-160 – 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 9. ADOPTION OF THE FISCAL YEAR 2023-24 OPERATING BUDGET, STRATEGIC DIGITAL TRANSFORMATION June 13, 2023 Page 4 INVESTMENT PROGRAM AND CAPITAL IMPROVEMENT PROGRAM, THE FISCAL YEAR 2023-24 APPROPRIATION LIMIT AND REVISION OF FEES AND CHARGES FOR SERVICES – 1) Adoption of a resolution adopting the final Operating Budget, Strategic Digital Transformation Investment Program and Capital Improvement Program for fiscal year 2023-24 for the City of Carlsbad and establishing controls on changes in appropriations for budget funds; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution adopting the water district’s final Operating Budget, Strategic Digital Transformation Investment Program and Capital Improvement Program for fiscal year 2023-24 and establishing controls on changes in appropriations for budget funds; and 3) Adoption of a Community Development Commission resolution adopting the final Operating Budget of the Carlsbad Housing Authority for fiscal year 2023-24 and establishing controls on changes in appropriations for budget funds; and 4) Adoption of a Carlsbad Public Financing Authority Board of Directors resolution adopting the final Operating Budget and Capital Improvement Program of The Crossings at Carlsbad Municipal Golf Course for fiscal year 2023-24 and establishing controls on changes in appropriations for budget funds; and 5) Adoption of a City Council as the Successor Agency for the Carlsbad Redevelopment Agency resolution adopting the final Operating Budget of the Successor Agency and the enforceable debt obligations of the City of Carlsbad’s Redevelopment Obligation Retirement Fund for fiscal year 2023- 24 and establishing controls on changes in appropriations for budget funds; and 6) Adoption of a resolution establishing the fiscal year 2023-24 appropriation limit as required by Article XIIIB of the California State Constitution and State Law; and 7) Adoption of a resolution adopting changes to the Master Fee Schedule; and 8) Adoption of a Carlsbad Municipal Water District Board of Directors resolution adopting changes to the Master Fee Schedule; and 9) Adoption of a Community Development Commission resolution adopting changes to the Master Fee Schedule; and 10) Adoption of a resolution approving the City of Carlsbad’s share of the fiscal year 2023-24 Operating and Capital Budgets of the Encina Wastewater Authority; and 11) Adoption of a resolution determining that the FY 2023-24 Capital Improvement Program Budget is consistent with the General Plan and applicable Climate Action Plan measures and actions; and 12) Adoption of a resolution adopting a list of projects and authorizing the allocation of road maintenance and rehabilitation account funds to the pavement management and concrete replacement programs for fiscal year 2023-24; and 13) Adoption of a Carlsbad Public Financing Authority Board of Directors resolution adopting a Golf Course Reserve Policy; and 14) Adoption of a resolution approving an adjustment to the FY 2022-23 Capital Improvement Program Budget; and 15) Adoption of a resolution approving adjustments to the FY 2022-23 Operating Budget for the City of Carlsbad’s share of the FY 2022-23 Operating Budget of the Encina Wastewater Authority; and 16) Adoption of a Community Development Commission resolution approving adjustments to the FY 2022-23 Operating Budget of the Carlsbad Housing Authority. (Staff contact: Laura Rocha and Zach Korach, Administrative Services Department) June 13, 2023 Page 5 City Manager’s Recommendation: Take public input, close the public hearing, and adopt the resolutions. ACTION: Adopted Public Financing Authority Resolution No. 94 as amended (see Minutes for details) – 4/1 (Acosta – No); and Adopted Resolution No. 2023-161; and Adopted Carlsbad Municipal Water District Resolution No. 1710; and Adopted Community Development Commission Resolution No. 562; and Adopted Public Financing Authority Resolution No. 93; and Adopted Resolution No. 2023-162; and Adopted Resolution No. 2023-163; and Adopted Resolution No. 2023-164; and Adopted Carlsbad Municipal Water District Resolution No. 1711; and Adopted Community Development Commission Resolution No. 563; and Adopted Resolution No. 2023-165; and Adopted Resolution No. 2023-166; and Adopted Resolution No. 2023-167; and Adopted Resolution No. 2023-168; and Adopted Resolution No. 2023-169; and Adopted Community Development Commission Resolution No. 564 – 5/0. Minute Motion by Council Member Burkholder, seconded by Council Member Luna directing staff to return to the City Council with options for the City Council’s consideration that would allow the city to facilitate community theater programing – 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. PALOMAR AIRPORT ADVISORY COMMITTEE NOMINATION – Adoption of a resolution directing staff to invite Carlsbad residents to apply for nomination to the County of San Diego’s Palomar Airport Advisory Committee and to place an item on the July 11, 2023, City Council meeting agenda to identify one applicant for nomination to the committee. (Staff contact: Jason Haber, City Manager’s Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2023-170 as amended (see Minutes for details) – 5/0. 11. DISCUSS RAISING THE INTERSECTIONAL PRIDE FLAG – 1) City Council engage in a discussion regarding raising the Intersectional Pride Flag absent the adoption of a City Council flag policy; and 2) Provide direction to staff as necessary. (Staff contact: Sheila Cobian, City Manager’s Department and Cindie McMahon, City Attorney’s Department) City Manager’s Recommendation: Discuss and provide direction to staff as necessary. ACTION: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta directing staff to borrow, if feasible, or purchase an Intersectional Pride flag and fly it below the State of California flag on an existing flagpole each year during the month of June and that the intent of this motion is for flying the Intersectional Pride flag at City Hall to be June 13, 2023 Page 6 government speech reflecting the City’s own message and not to convert the City’s flagpoles into public forums – 3/2 (Blackburn, Burkholder – No). 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 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. June 13, 2023 Page 7 In accordance with Carlsbad Municipal Code (CMC) Section 20.20.20, notice is hereby given that the City Engineer has reviewed and, immediately following this City Council Meeting of June 13, 2023 will approve the following final map: Carlsbad Tract CT 2021-0005, located generally at 330 Chinquapin Avenue. 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. 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 MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ADJOURNMENT: 8:34 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 June 13, 2023 Page 8 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.