Loading...
HomeMy WebLinkAbout2023-08-22; 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. Aug. 22, 2023, 5 p.m. CITY COUNCIL Agenda - Spectrum 24 AT&T U-verse 99 Aug. 22, 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 Nos. 3 and 4. PLEDGE OF ALLEGIANCE: City Attorney Cindie McMahon led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held June 13, 2023 Minutes of the Special Meeting held June 20, 2023 Minutes of the Regular Meeting held June 20, 2023 Minutes of the Special Meeting held July 11, 2023 Minutes of the Regular Meeting held July 11, 2023 Minutes of the Special Meeting held July 18, 2023 Minutes of the Regular Meeting held July 18, 2023 Minutes of the Special Meeting held July 25, 2023 Minutes of the Regular Meeting held July 25, 2023 Minutes of the Special Meeting held Aug. 15, 2023 ACTION: Minutes were approved as presented – 5/0. PRESENTATIONS: None. 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. AGREEMENT WITH GHD INC. FOR THE KELLY DRIVE AND PARK DRIVE COMPLETE STREET IMPROVEMENTS PROJECT, CIP PROJECT NO. 6075 – Adoption of a resolution approving a professional services agreement with GHD Inc., to provide engineering and construction support services for the Kelly Drive and Park Drive complete street improvements, Capital Improvement Program Project No. 6075, and authorizing the City Manager to execute the agreement. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works Department) ACTION: Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel for staff to return to the City Council to have a full discussion on information related to pending designs. – 5/0. Aug. 22, 2023 Page 3 2. AGREEMENT WITH NMS MANAGEMENT, INC. FOR CITYWIDE PARKS RESTROOM CUSTODIAL SERVICES Adoption of a resolution approving an agreement for citywide parks restroom custodial services to NMS Management, Inc., in an amount not to exceed $704,676 for the first year of the agreement, authorizing the Deputy City Manager, Administrative Services, to appropriate $32,298 from the General Fund to the Parks & Recreation fiscal year 2023-24 operating budget and authorizing the City Manager or designee to execute amendments and agreement extensions for three additional one- year periods or parts thereof. (Staff contact: Brian Bacardi, Public Works Department) ACTION: Adopted Resolution No. 2023-218 – 5/0. 3. APPROVING GRANT AGREEMENT WITH LOCAL PROJECT PARTICIPANTS FOR RECYCLED WATER STATE GRANT FUNDING PROGRAM, CIP PROJECT NO. 5210 – Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving the local project participant agreement for the Proposition 1, Round 2 Integrated Regional Water Management Program Implementation Grant award for the North San Diego Water Reuse Coalition Regional Recycled Water Program and authorizing the Carlsbad Municipal Water District Executive Manager or designee to sign the agreement. (Staff contact: Shoshana Aguilar and Vicki Quiram, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1714 – 5/0. 4. AUTHORIZE AN APPROPRIATION OF $1 MILLION FOR THE RECYCLED WATER PHASE III, D-4 RESERVOIR PROJECT, CIP PROJECT NO. 5210 – Adoption of a Carlsbad Municipal Water District Board of Directors resolution authorizing the Deputy City Manager, Administrative Services, or designee, to appropriate $1 million from the Recycled Water Connection Fund to the Recycled Water Phase III, D-4 Reservoir Project. (Staff contact: Dave Padilla and Vicki Quiram, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Board of Directors Resolution No. 1715 – 5/0. 5. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE – Adoption of a resolution designating City Council Member Teresa Acosta the voting delegate and Mayor Pro Tem Priya Bhat-Patel the alternate voting delegate for the League of California Cities Annual Conference and Expo to be held in Sacramento on Sept. 20-22, 2023. (Staff contact: Faviola Medina, City Clerk Department) ACTION: Adopted Resolution No. 2023-219 – 5/0. 6. APPOINTMENT OF FIVE MEMBERS TO THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD – 1) Adoption of a resolution appointing Patrick Sarte to the Carlsbad Tourism Business Improvement District Advisory Board; and 2) Adoption of a resolution appointing Samantha Beszeditz to the Carlsbad Tourism Business Improvement District Advisory Board; and 3) Adoption of a resolution appointing Keith Noe to the Carlsbad Tourism Business Improvement District Advisory Board; and 4) Adoption of a resolution appointing Hector Becerra to the Carlsbad Tourism Business Improvement District Advisory Board; and 5) Adoption of a resolution appointing Randal Chapin to the Carlsbad Tourism Business Improvement District Advisory Board. (Staff contact: Tammy McMinn, City Clerk Department) ACTION: Adopted Resolution No. 2023-220 appointing Patrick Sarte to the Carlsbad Tourism Business Improvement District Advisory Board; and Aug. 22, 2023 Page 4 Adopted Resolution No. 2023-221 appointing Samantha Beszeditz to the Carlsbad Tourism Business Improvement District Advisory Board; and Adopted Resolution No. 2023-222 appointing Keith Noe to the Carlsbad Tourism Business Improvement District Advisory Board; and Adopted Resolution No. 2023-223 appointing Hector Becerra to the Carlsbad Tourism Business Improvement District Advisory Board; and Adopted Resolution No. 2023-224 appointing Randal Chapin to the Carlsbad Tourism Business Improvement District Advisory Board. – 5/0. 7. REPORT ON CITY INVESTMENTS AS OF JUNE 30, 2023 – Accept and file Report on City Investments as of June 30, 2023. (Staff contact: Craig Lindholm and Laura Rocha, Administrative Services Department) ACTION: Council received the report. 8. AGREEMENT WITH ESRI, INC. FOR RENEWAL OF THE ENTERPRISE ADVANTAGE PROGRAM SUBSCRIPTION – Adoption of a resolution authorizing the City Manager or designee to execute an agreement with ESRI, Inc., for the renewal of the ESRI Enterprise Advantage Program subscription in an amount not to exceed $168,700 per year for a two-year term ending August 31, 2025. (Staff contact: David Graham and David van Gilluwe, Administrative Services Department) ACTION: Adopted Resolution No. 2023-225 – 5/0. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. HOUSING ELEMENT PROGRAM: OPTIONS TO DEVELOP A SMOKE-FREE MULTIFAMILY HOUSING ORDINANCE – That the City Council take one of the following actions: 1) Take no action, thereby maintaining the city’s current smoking regulations; or 2) Direct staff to develop a complete smoking prohibition in multifamily housing units and outdoor common areas and return to City Council for consideration; or 3) Direct staff to develop customized smoking prohibitions based on City Council discussion and direction and return to City Council for consideration. (Staff contact: Mike Strong, Community Services Department) City Manager’s Recommendation: Provide direction to staff. ACTION: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, selecting Option 2, directing staff to develop a complete smoking prohibition in multifamily housing units and outdoor common areas to include education and enforcement mechanisms and return to the City Council for consideration. – 4/1 (Burkholder – No). 10. PRESENTATION AND DEMONSTRATION ON THE LIBRARY’S LIBBY APP – Receive a report on the library reading app, Libby. (Staff contact: Suzanne Smithson, Community Services Department) City Manager’s Recommendation: Receive the report. ACTION: Council received the report. Aug. 22, 2023 Page 5 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. Minute Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, for staff to return to the City Council with an item for consideration and action related to the City Councilmember’s use of the City’s official logo, seal and letterhead to include background, any best practices, any comparative analysis of what others are doing and options for City Council’s consideration – 5/0. 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. Aug. 22, 2023 Page 6 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: 6:44 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. 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. Aug. 22, 2023 Page 7 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.