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HomeMy WebLinkAbout2024-10-08; City Council; Agendas (2) 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. • For non-agenda public comment, speakers must confine their remarks to matters within the City Council’s subject matter jurisdiction. • For public comment on agenda items, speakers must confine their remarks to the question or matter under consideration. • 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. • Failure to comply with the rules for public participation is disruptive conduct. Continuing disruptive conduct after being asked by the presiding official to cease may result in removal from the meeting. 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. 8, 2024, 5 p.m. CITY COUNCIL Agenda ~ Spectrum 24 ~ AT&T U-verse 99 Oct. 8, 2024 Page 2 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. ANNOUNCEMENT OF CONCURRENT MEETINGS: The City Council is serving as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 6. PLEDGE OF ALLEGIANCE: Council Member Luna led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Special Meeting held Sept. 30, 2024 ACTION: Minutes were approved as presented – 5/0. PRESENTATIONS: Proclamation in Recognition of Indigenous Peoples’ Day Proclamation in Recognition of National Arts & Humanities Month Proclamation in Recognition of Carlsbad Farmers Market 30 Year Anniversary 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, provided remarks are confined to matters within the City Council’s subject matter jurisdiction. 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. REPORT ON CITY INVESTMENTS AS OF AUG. 31, 2024 – Accept and file Report on City Investments as of Aug. 31, 2024, 2024. (Staff contact: Zach Korach, Administrative Services Department) ACTION: Council accepted and filed the report. 2. SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF KEVIN LEHAN – Adoption of a resolution authorizing settlement of the Workers’ Compensation claim of Kevin Lehan. (Staff contact: Sarah Reiswig and Judy von Kalinowski, Administrative Services Department) ACTION: Adopted Resolution No. 2024-222 – 5/0. 3. AMENDMENT NO. 1 TO THE AGREEMENT WITH ESRI, INC. FOR THE EXPANSION OF THE ENTERPRISE ADVANTAGE PROGRAM SUBSCRIPTION – Adoption of a resolution authorizing the City Manager or designee to execute Amendment No. 1 to the existing two-year agreement with ESRI, Inc. for the expansion of the ESRI Enterprise Advantage Program subscription ending Nov. 28, 2025, for a new not- to-exceed amount of $696,500. (Staff contact: Maria Callander and David van Gilluwe, Administrative Services Department) Oct. 8, 2024 Page 3 ACTION: Adopted Resolution No. 2024-223 – 5/0. 4. APPROVAL OF THE 2025 REGULAR CITY COUNCIL MEETING CALENDAR – Adoption of a resolution approving the 2025 Regular City Council Meeting Calendar. (Staff contact: Sheila Cobian, City Manager Department) ACTION: Adopted Resolution No. 2024-224 – 5/0. 5. AWARD OF CONTRACT TO EDWARDS CONSTRUCTION GROUP, INC. FOR THE ALGA NORTE AQUATIC CENTER RESTROOM AND LOCKER ROOM RENOVATION PROJECT AND AWARD OF A CONTRACT TO CALIFORNIA WATERS DEVELOPMENT, INC. FOR THE ALGA NORTE AQUATIC CENTER POOL REPLASTERING PROJECT (CIP PROJECT NOS. 4756 AND 4733) – 1) Adoption of a resolution denying a bid protest filed by First Foundation, Inc., accepting bids and awarding a contract to Edwards Construction Group, Inc. for construction of the Alga Norte Aquatic Center Restroom and Locker Room Renovation Project Schedule “A” in an amount not to exceed $446,873 and delegating authority to the City Manager to execute a change order to award Schedule “B,” or parts thereof, in an amount not to exceed $320,792; and 2) Adoption of a resolution accepting bids and awarding a contract to California Waters Development, Inc. for construction of the Alga Norte Center Pool Replastering Project in an amount not to exceed $1,534,522. (Staff contact: John Maashoff, Public Works Department) ACTION: Adopted Resolution No. 2024-225; and Adopted Resolution No. 2024-226 – 5/0. 6. ADVERTISE FOR BIDS FOR THE PONTO WATER MAIN REPLACEMENT PROJECT (CIP PROJECT NO. 5035- 5) – Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving the plans, specifications and contract documents and authorizing the Secretary to the Board of Directors to advertise for bids for the Ponto Water Main Replacement Project. (Staff contact: Dave Padilla and Markus Mohrle, Public Works Department) ACTION: Adopted Carlsbad Municipal Water District Resolution No. 1747 – 5/0. 7. AMENDMENT TO THE AGREEMENT WITH ESSENCO, INC. TO PROVIDE MEAL PREPARATION SERVICES FOR THE CARLSBAD SENIOR CENTER – Adoption of a resolution authorizing the execution of Amendment No. 8 to the agreement with Essenco, Inc. to provide meal preparation services for the Carlsbad Senior Center from Nov. 15, 2024, through March 31, 2025, for an amount not to exceed $100,000. (Staff contact: Eric Biggin, Community Services Department) ACTION: Adopted Resolution No. 2024-227 – 5/0. 8. NORTH REGIONAL ZONE MASTER INTEROPERABLE AUTOMATIC AID AGREEMENT FOR FIRE-RESCUE RESPONSES AND SUPPORT ACTIVITIES – Adoption of a resolution authorizing the City Manager or designee to approve an updated automatic aid agreement between fire agencies in the North Regional Zone. (Staff contact: Michael Calderwood, Fire Department) ACTION: Adopted Resolution No. 2024-228 – 5/0. BOARD AND COMMISSION MEMBER APPOINTMENTS: None. ORDINANCES FOR INTRODUCTION: Oct. 8, 2024 Page 4 9. ORDINANCE AMENDING CARLSBAD MUNICIPAL CODE SECTIONS 18.21.030 (GREEN BUILDING STANDARDS CODE – SITE DEVELOPMENT) AND 18.04.055 (BUILDING CODE – BOARD OF APPEALS) WITH FINDINGS OF FACT SUPPORTING CALIFORNIA BUILDING STANDARDS CODE AMENDMENTS (MCA 2024-2003) – Introduction of an ordinance amending Carlsbad Municipal Code Sections 18.21.030 (Green Building Standards Code – Site Development) and 18.04.055 (Building Code – Board of Appeals) with findings of fact supporting California Building Standards Code Amendments; and 2) Schedule a public hearing for the second reading and adoption of the ordinance at the Oct. 29, 2024, City Council Meeting. (Staff contact: Mike Strong, Community Services Department) ACTION: Introduced Ordinance No. CS-476; and Scheduled a public hearing for the second reading and adoption at the Oct. 29, 2024 City Council Meeting – 5/0. ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: None. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. CLEAN ENERGY ALLIANCE UPDATE – Receive an informational report from Clean Energy Alliance Executive Director Greg Wade on the Clean Energy Alliance’s operations and performance. (Staff contact: Jason Haber, City Manager Department) City Manager’s Recommendation: Receive the report. ACTION: Council accepted and filed the report. 11. HOPE ELEMENTARY SCHOOL SAFE ROUTES TO SCHOOL PLAN – Adoption of a resolution accepting the Hope Elementary School Safe Routes to School Plan. (Staff contact: Nathan Schmidt, Public Works Department) City Manager’s Recommendation: Adopt the resolution. ACTION: Adopted Resolution No. 2024-229 – 5/0. 12. GENERAL FUND SURPLUS: APPROVAL OF FISCAL YEAR 2023-24 BUDGET CARRYFORWARD REQUESTS AND APPROPRIATION OF UNSPENT FUNDS TO BUDGET FOR FISCAL YEAR 2024-25 – 1) Adoption of a resolution approving the fiscal year 2023-24 budget carryforward requests and appropriation of funds to fiscal year 2024-25 and authorizing capital outlay purchases; and 2) Adoption of a Carlsbad Municipal Water District Board of Directors resolution approving the Carlsbad Municipal Water District fiscal year 2023-24 budget carryforward requests and appropriation of funds to fiscal year 2024-25 and authorizing capital outlay purchases; and 3) Adoption of a Carlsbad Public Financing Authority resolution approving the Carlsbad Public Financing Authority fiscal year 2023-24 budget carryforward requests and appropriation of funds to fiscal year 2024-25 and authorizing capital outlay purchases; and 4) Adoption of a resolution approving the restriction of General Fund reserves in fiscal year 2024-25 to fund the $7,500,000 contribution to the city’s Section 115 Pension Trust. (Staff contact: Zach Korach, Administrative Services Department) City Manager’s Recommendation: Adopt the resolutions. Oct. 8, 2024 Page 5 ACTION: Adopted Resolution No. 2024-230; and Adopted Carlsbad Municipal Water District Resolution No. 1748; and Adopted Public Financing Authority Resolution No. 98; and Adopted Resolution No. 2024-231 – 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. Minute motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, directing staff to bring back for further discussion and direction, consideration of a stop sign at Hoover and Adams within the next 60 days. Motion carried unanimously, 5/0. City Council Regional Assignments (Revised 12/12/23) 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 Oct. 8, 2024 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: CITY CLERK COMMENTS: ADJOURNMENT: 6:34 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 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, provided remarks are confined to matters within the City Council’s subject matter jurisdiction. 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, provided remarks are confined to the question or matter under consideration. In both cases, a request to speak form must be submitted to the clerk in advance of that portion of the meeting beginning. Oct. 8, 2024 Page 7 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.