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HomeMy WebLinkAbout2023-10-24; 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 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. Oct. 24, 2023, 5 p.m. Oct. 24, 2023 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. ANNOUNCEMENT OF CONCURRENT MEETINGS: PLEDGE OF ALLEGIANCE: Cub Scouts Pack 770 led the Pledge of Allegiance. APPROVAL OF MINUTES: PRESENTATIONS: Proclamation in recognition of Boys Scouts of America 100 Year Anniversary in Carlsbad Proclamation in recognition of San Diego Startup 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. 1. FISCAL YEAR 2023-2024 CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT IN THE AMOUNT OF $200,000 Adoption of a resolution authorizing the City Manager to accept a grant of $200,000 from the California Office of Traffic Safety’s Selective Traffic Enforcement Program and authorizing the Deputy City Manager, Administrative Services to appropriate the grant funds. (Staff contact: Amanda Baker, Police Department) ACTION: Adopted Resolution No. 2023-268 – 5/0. 2. COUNTY OF SAN DIEGO’S REQUEST FOR PROPOSALS NO. 12715 - HEALTH AND HUMAN SERVICES AGENCY, OLDER CALIFORNIANS NUTRITION PROGRAM – Adoption of a resolution authorizing the City Manager to execute and submit proposals and all agreements and program documents related to the County of San Diego’s Request for Proposals No. 12715 - Health and Human Services Agency, Older Californians Nutrition Program, and future similar requests for proposals provided the City Council has approved adequate funding for the program in the budget process, and authorizing the Deputy City Manager, Administrative Services to accept and appropriate the associated funding received from the county during the initial term and each option term of the agreements. (Staff contact: Kyle Lancaster, Community Services Department) ACTION: Adopted Resolution No. 2023-269 – 5/0. BOARD AND COMMISSION MEMBER APPOINTMENTS: None. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: Oct. 24, 2023 Page 3 3. ADOPTION OF ORDINANCE NO. CS-460 – NON-STOREFRONT RETAIL MEDICINAL CANNABIS DELIVERY SERVICE BUSINESSES – Adoption of Ordinance No. CS-460 amending Chapter 8.90, adding Chapter 8.95, and repealing Section 5.04.160 of the Carlsbad Municipal Code to allow non-storefront retail medicinal cannabis delivery service businesses consistent with the Medicinal Cannabis Patients’ Right to Access Act, also referred to as Senate Bill 1186. (Staff contact: Faviola Medina, City Clerk Department) City Manager’s Recommendation: Adopt Ordinance No. CS-460. ACTION: Adopted Ordinance No. CS-460 – 5/0. PUBLIC HEARINGS: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 4. ANNUAL CARLSBAD SISTER CITY PROGRAM UPDATE – Receive the annual update on the programs, relationships and finances of Carlsbad’s Sister City Program as required by City Council Policy No. 77. (Staff contact: Sheila Cobian, City Manager Department) City Manager’s Recommendation: Receive the annual update. ACTION: Council received the update. 5. REPORT ON TRAFFIC SAFETY IN CARLSBAD, INCLUDING TRENDS, IMPROVEMENTS COMPLETED AND NEXT STEPS FOLLOWING THE TRAFFIC SAFETY EMERGENCY – Receive a report on traffic safety in Carlsbad, including trends, improvements completed and next steps, following the conclusion of the local traffic safety emergency proclaimed Aug. 23, 2022. (Staff contact: Geoff Patnoe, City Manager Department) City Manager’s Recommendation: Receive the report. ACTION: Council received the report. 6. CITY COUNCIL POLICY STATEMENT – ELECTED OFFICIAL’S USE OF THE CITY’S OFFICIAL LOGO, SEAL AND LETTERHEAD – Adoption of a resolution approving City Council Policy Statement – Elected Official’s use of the city’s official logo, seal and letterhead. (Staff contact: Faviola Medina, City Clerk Department and Sheila Cobian, City Manager Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Minute Motion by Mayor Blackburn, seconded Council Member Burkholder, directing staff to help prepare City Council Member use of city letterhead guidelines and incorporate those guidelines into the code of ethics. The guidelines should include that: • a Council Member may speak on a topic that is consistent with the City’s legislative position otherwise, the Council Member needs to indicate clearly and conspicuously that they are not speaking on behalf of the City and that it is their own personal opinion • they will be self-policed • staff review of correspondence is optional • if correspondence is of personal opinion, the Council Member will send out their own correspondence, not staff • flexibility to send out congratulatory type letters • letterhead cannot be used for political or personal purposes – 4/1 (Burkholder – No). Oct. 24, 2023 Page 4 7. POTENTIAL TRANSIENT OCCUPANCY TAX INCREASE – Receive a report requested by the City Council regarding a potential increase of the city’s transient occupancy tax rate and provide feedback and direction on next steps, if any. (Staff contact: Laura Rocha and Zach Korach, Administrative Services Department) City Manager’s Recommendation: Receive the report and provide direction to staff. ACTION: Council received the report; and Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, to take no action at this time – 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 PUBLIC COMMENT: Continuation of the Public Comments Oct. 24, 2023 Page 5 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: CITY CLERK COMMENTS: ADJOURNMENT: 8:13 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. Oct. 24, 2023 Page 6 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.