CALL TO ORDER: ROLL CALL: ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water District Board of Directors on Departmental and City Manager Reports Item No. 12. INVOCATION: None. PLEDGE OF ALLEGIANCE:
Minutes of the Regular Meeting held Oct. 8, 2019 Minutes of the Regular Meeting held Oct. 15, 2019 Minutes of the Special Meeting held Oct. 24, 2019
Presentation of Proclamation in Recognition of America Recycles Day. Presentation of Proclamation in Recognition of Peer Awards.
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and submit it to the City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward to the podium and state your name.
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. A request from the public to discuss an item must be filed with the City Clerk in writing prior to Council consideration of the Consent Calendar. 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. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD POLICE MANAGEMENT ASSOCIATION – Adoption of a Resolution approving a Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad Police Management Association (CPMA) and revised Administrative Order No. 64, approving a revised Management Salary Schedule and Management Compensation and Benefits Plan, and approving $238,850 in carry-forward funds from Fiscal Year 2018-19 to Fiscal Year 2019-20. (Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services) 2. APPROVAL OF REVISIONS TO THE RECREATION SUPERVISOR CLASSIFICATION AND CARLSBAD CITY EMPLOYEES’ ASSOCIATION MEMORANDUM OF UNDERSTANDING AND SALARY SCHEDULE – Adoption of a Resolution approving revisions to the recreation supervisor classification, Carlsbad City Employees’ Association Memorandum of Understanding and Salary Schedule. (Staff contact: Silvano Rodriguez and Judy von Kalinowski, Administrative Services) 5. ACCEPTANCE OF EQUIPMENT DONATION FROM CARLSBAD FIRE DEPARTMENT FOUNDATION – Adoption of a Resolution accepting a donation from the Carlsbad Fire Department Foundation in the amount of $11,875. (Staff contact: Mike Lopez, Fire) 6. ACQUISITION OF REAL PROPERTY COMMONLY KNOWN AS THE PASEO DEL NORTE PRESERVE – Adoption of a Resolution authorizing the Mayor to execute all appropriate acquisition documents, and for the city clerk to execute the certificate of acceptance of the Grant Deed for the acquisition of real property commonly known as the Paseo Del Norte Preserve. (Staff contact: Curtis Jackson, Real Estate) 7. MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR CENSUS 2020 PUBLIC OUTREACH GRANT FUNDS – Adoption of a Resolution authorizing the mayor to enter into a Memorandum of Understanding with the San Diego Association of Governments (SANDAG) to accept pass-through of $10,849.46 in grants funds from the State of California, Government Operations Agency – California Complete Count – Census 2020 (Staff contact: Kerry Jezisek, Community & Economic Development)
APPROVAL TO DESIGNATE $9,131,095 OF THE CITY’S UNASSIGNED FUND BALANCE IN THE GENERAL FUND AS OF JUNE 30, 2019 – Adoption of a Resolution designating $9,131,095 of the city’s unassigned fund balance in the General Fund as of June 30, 2019, for economic uncertainty. (Staff contact: Roxanne Muhlmeister, Administrative Services)
APPROVAL OF THE 2020 REGULAR CITY COUNCIL MEETING CALENDAR – Adoption of a Resolution approving the 2020 Regular City Council Meeting calendar. (Staff contact: Sheila Cobian, City Clerk Services)
STATE LEGISLATIVE UPDATE – CALIFORNIA’S 2020 HOUSING LAWS – Receive an update from California Strategies & Advocacy (California Strategies) summarizing several of the 2020 Housing Laws signed by Governor Newsom during 2019. (Staff contact: Jason Haber, City Manager) City Manager’s Recommendation: Receive the report.
PRESENTATION FROM CABRILLO POWER I LLC (NRG) REGARDING THE DEMOLITION SCHEDULE AND ASSOCIATED DEMOLITION ACTIVITIES FOR THE ENCINA POWER STATION AND AUTHORIZATION FOR THE MAYOR/PRESIDENT TO SIGN A LETTER GRANTING NRG A NOT-TO-EXCEED, NINE-MONTH EXTENSION IN THE DEMOLITION DEADLINE – Receive a presentation from Cabrillo Power I LLC (NRG) regarding the demolition schedule and associated demolition activities for the Encina Power Station and: 1. Adoption of a City of Carlsbad Resolution authorizing the mayor to sign a letter granting NRG a not-to-exceed, nine-month extension in the demolition deadline under the Jan. 14, 2014 Settlement Agreement between and among the City of Carlsbad, Carlsbad Municipal Water District, Cabrillo Power I LLC and Carlsbad Energy Center LLC (collectively NRG), and San Diego Gas & Electric Company. 2. Adoption of a Carlsbad Municipal Water District Resolution authorizing the president to sign a letter granting NRG a not-to-exceed, nine-month extension in the demolition deadline under the Jan. 14, 2014 Settlement Agreement between and among the City of Carlsbad, Carlsbad Municipal Water District, Cabrillo Power I LLC and Carlsbad Energy Center LLC (collectively NRG), and San Diego Gas & Electric Company. (Staff contact: Gary Barberio, Community Services) City Manager’s Recommendation: Receive the presentation and adopt the Resolutions.
ADOPTION OF ORDINANCE NOS. CS-363 AND CS-364 ADOPTING THE CALIFORNIA FIRE CODE AND THE CALIFORNIA BUILDING CODE AND RELATED CALIFORNIA CODES FOR CONSTRUCTION – Adoption of Ordinance No. CS-363 repealing existing Chapter 17.04 of the Carlsbad Municipal Code and adopting a new Chapter 17.04, Fire Prevention Code based on the 2019 California Fire Code; and, Adoption of Ordinance No. CS-364 repealing existing Carlsbad Municipal Code Chapter 18.04 (Building Code), Chapter 18.08 (Mechanical Code), Chapter 18.12 (Electrical Code), Chapter 18.16 (Plumbing Code), Chapter 18.18 (Solar Energy Code), Chapter 18.20 (Residential Code), Chapter 18.21 (Green Building Standards Code), and Chapter 18.30 (Energy Conservation Regulations); and adopting new Chapter 18.04 (Building Code), Chapter 18.08 (Mechanical Code), Chapter 18.12 (Electrical Code), Chapter 18.16 (Plumbing Code), Chapter 18.18 (Solar Energy Code), Chapter 18.20 (Residential Code), Chapter 18.21 (Green Building Standards Code), and Chapter 18.30 (Energy Conservation Regulations), based on the 2019 California Building Standards Code and as amended herein. (Staff contact: Mike Peterson, Community & Economic Development and Randy Metz, Fire) City Manager’s Recommendation: Take public input, close the public hearing and adopt the Ordinances.
INTERNSHIP PROGRAM PRESENTATION – Receive an informational presentation on the city’s new Internship Program. (Staff contact: Paul Ho and Judy von Kalinowski, Administrative Services) City Manager’s Recommendation: Receive the report.
CONSIDERATION OF CITY COUNCIL POLICY NO. 89 INTERNAL AUDIT FRAMEWORK AND AUDIT PLAN FOR THE REMAINDER OF FISCAL YEAR 2019-20 – Adoption of a Resolution approving City Council Policy No. 89 establishing the framework for an effective internal audit function and approving the audit plan for the remainder of Fiscal Year 2019-20. (Staff contact: Brigid Okyere, Administrative Services) City Manager’s Recommendation: Adopt the Resolution.
PEER REVIEW OF NORTH SAN DIEGO COUNTY CITIES COMMUNITY CHOICE ENERGY TECHNICAL FEASIBILITY STUDY AND AUTHORIZING A REIMBURSABLE ADVANCE TO THE CLEAN ENERGY ALLIANCE JOINT POWERS AUTHORITY IN THE AMOUNT OF $150,000 – Adoption of a Resolution accepting the peer review of North San Diego County Cities Community Choice Energy Technical Feasibility Study and authorizing the city manager to negotiate, execute and fund a cost reimbursement for Member Agency Support Agreement allowing for the City of Carlsbad’s participation in funding the fiscal year 2019-20 initial budget of the Clean Energy Alliance Joint Powers Authority in the amount of $150,000. (Staff contact: Jason Haber, City Manager Department) City Manager’s Recommendation: Adopt the Resolution.
TRAFFIC & MOBILITY COMMISSION WORK PLAN FOR FISCAL YEAR 2019-20 AND DRAFT COMMUNICATIONS PLAN – Adoption of a Resolution approving the Traffic and Mobility Commission Work Plan for Fiscal Year 2019-20. (Staff contact: Doug Bilse, Public Works) City Manager’s Recommendation: Adopt the Resolution.
Council Commentary and Requests for Consideration of Matters
City Council Regional Assignments (Revised 1/08/19) Matt Hall Mayor North County Mayors and Managers City/School Committee Chamber of Commerce Liaison (primary) San Diego County Water Authority San Diego Regional Economic Development Corporation Board of Directors Keith Blackburn Council Member Buena Vista Lagoon JPC Encina Wastewater Authority/Joint Powers Board of Directors North County Dispatch Joint Powers Authority Chamber of Commerce Liaison (alternate) Priya Bhat-Patel Mayor Pro Tem SANDAG (2nd alternate) North County Transit District (primary) City/School Committee League of California Cities – SD Division Cori Schumacher Council Member SANDAG (primary) Buena Vista Lagoon JPC Encina Wastewater Authority Board of Directors (alternate) Vacant – District No. 1 Council Member SANDAG (1st alternate) Encina Wastewater Authority/Joint Powers Board of Directors North County Dispatch Joint Powers Authority (alternate) North County Transit District (alternate) 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:
CALL TO ORDER: ROLL CALL: ANNOUNCEMENT OF CONCURRENT MEETINGS: City Council is serving as the Carlsbad Municipal Water District Board of Directors on Departmental and City Manager Reports Item No. 12. INVOCATION: None. PLEDGE OF ALLEGIANCE:
Minutes of the Regular Meeting held Oct. 8, 2019 Minutes of the Regular Meeting held Oct. 15, 2019 Minutes of the Special Meeting held Oct. 24, 2019
Presentation of Proclamation in Recognition of America Recycles Day. Presentation of Proclamation in Recognition of Peer Awards.
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and submit it to the City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward to the podium and state your name.
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. A request from the public to discuss an item must be filed with the City Clerk in writing prior to Council consideration of the Consent Calendar. 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. MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD POLICE MANAGEMENT ASSOCIATION – Adoption of a Resolution approving a Memorandum of Understanding (MOU) between the City of Carlsbad and the Carlsbad Police Management Association (CPMA) and revised Administrative Order No. 64, approving a revised Management Salary Schedule and Management Compensation and Benefits Plan, and approving $238,850 in carry-forward funds from Fiscal Year 2018-19 to Fiscal Year 2019-20. (Staff contact: Debbie Porter and Judy von Kalinowski, Administrative Services) 2. APPROVAL OF REVISIONS TO THE RECREATION SUPERVISOR CLASSIFICATION AND CARLSBAD CITY EMPLOYEES’ ASSOCIATION MEMORANDUM OF UNDERSTANDING AND SALARY SCHEDULE – Adoption of a Resolution approving revisions to the recreation supervisor classification, Carlsbad City Employees’ Association Memorandum of Understanding and Salary Schedule. (Staff contact: Silvano Rodriguez and Judy von Kalinowski, Administrative Services) 5. ACCEPTANCE OF EQUIPMENT DONATION FROM CARLSBAD FIRE DEPARTMENT FOUNDATION – Adoption of a Resolution accepting a donation from the Carlsbad Fire Department Foundation in the amount of $11,875. (Staff contact: Mike Lopez, Fire) 6. ACQUISITION OF REAL PROPERTY COMMONLY KNOWN AS THE PASEO DEL NORTE PRESERVE – Adoption of a Resolution authorizing the Mayor to execute all appropriate acquisition documents, and for the city clerk to execute the certificate of acceptance of the Grant Deed for the acquisition of real property commonly known as the Paseo Del Norte Preserve. (Staff contact: Curtis Jackson, Real Estate) 7. MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR CENSUS 2020 PUBLIC OUTREACH GRANT FUNDS – Adoption of a Resolution authorizing the mayor to enter into a Memorandum of Understanding with the San Diego Association of Governments (SANDAG) to accept pass-through of $10,849.46 in grants funds from the State of California, Government Operations Agency – California Complete Count – Census 2020 (Staff contact: Kerry Jezisek, Community & Economic Development)
APPROVAL TO DESIGNATE $9,131,095 OF THE CITY’S UNASSIGNED FUND BALANCE IN THE GENERAL FUND AS OF JUNE 30, 2019 – Adoption of a Resolution designating $9,131,095 of the city’s unassigned fund balance in the General Fund as of June 30, 2019, for economic uncertainty. (Staff contact: Roxanne Muhlmeister, Administrative Services)
APPROVAL OF THE 2020 REGULAR CITY COUNCIL MEETING CALENDAR – Adoption of a Resolution approving the 2020 Regular City Council Meeting calendar. (Staff contact: Sheila Cobian, City Clerk Services)
STATE LEGISLATIVE UPDATE – CALIFORNIA’S 2020 HOUSING LAWS – Receive an update from California Strategies & Advocacy (California Strategies) summarizing several of the 2020 Housing Laws signed by Governor Newsom during 2019. (Staff contact: Jason Haber, City Manager) City Manager’s Recommendation: Receive the report.
PRESENTATION FROM CABRILLO POWER I LLC (NRG) REGARDING THE DEMOLITION SCHEDULE AND ASSOCIATED DEMOLITION ACTIVITIES FOR THE ENCINA POWER STATION AND AUTHORIZATION FOR THE MAYOR/PRESIDENT TO SIGN A LETTER GRANTING NRG A NOT-TO-EXCEED, NINE-MONTH EXTENSION IN THE DEMOLITION DEADLINE – Receive a presentation from Cabrillo Power I LLC (NRG) regarding the demolition schedule and associated demolition activities for the Encina Power Station and: 1. Adoption of a City of Carlsbad Resolution authorizing the mayor to sign a letter granting NRG a not-to-exceed, nine-month extension in the demolition deadline under the Jan. 14, 2014 Settlement Agreement between and among the City of Carlsbad, Carlsbad Municipal Water District, Cabrillo Power I LLC and Carlsbad Energy Center LLC (collectively NRG), and San Diego Gas & Electric Company. 2. Adoption of a Carlsbad Municipal Water District Resolution authorizing the president to sign a letter granting NRG a not-to-exceed, nine-month extension in the demolition deadline under the Jan. 14, 2014 Settlement Agreement between and among the City of Carlsbad, Carlsbad Municipal Water District, Cabrillo Power I LLC and Carlsbad Energy Center LLC (collectively NRG), and San Diego Gas & Electric Company. (Staff contact: Gary Barberio, Community Services) City Manager’s Recommendation: Receive the presentation and adopt the Resolutions.
ADOPTION OF ORDINANCE NOS. CS-363 AND CS-364 ADOPTING THE CALIFORNIA FIRE CODE AND THE CALIFORNIA BUILDING CODE AND RELATED CALIFORNIA CODES FOR CONSTRUCTION – Adoption of Ordinance No. CS-363 repealing existing Chapter 17.04 of the Carlsbad Municipal Code and adopting a new Chapter 17.04, Fire Prevention Code based on the 2019 California Fire Code; and, Adoption of Ordinance No. CS-364 repealing existing Carlsbad Municipal Code Chapter 18.04 (Building Code), Chapter 18.08 (Mechanical Code), Chapter 18.12 (Electrical Code), Chapter 18.16 (Plumbing Code), Chapter 18.18 (Solar Energy Code), Chapter 18.20 (Residential Code), Chapter 18.21 (Green Building Standards Code), and Chapter 18.30 (Energy Conservation Regulations); and adopting new Chapter 18.04 (Building Code), Chapter 18.08 (Mechanical Code), Chapter 18.12 (Electrical Code), Chapter 18.16 (Plumbing Code), Chapter 18.18 (Solar Energy Code), Chapter 18.20 (Residential Code), Chapter 18.21 (Green Building Standards Code), and Chapter 18.30 (Energy Conservation Regulations), based on the 2019 California Building Standards Code and as amended herein. (Staff contact: Mike Peterson, Community & Economic Development and Randy Metz, Fire) City Manager’s Recommendation: Take public input, close the public hearing and adopt the Ordinances.
INTERNSHIP PROGRAM PRESENTATION – Receive an informational presentation on the city’s new Internship Program. (Staff contact: Paul Ho and Judy von Kalinowski, Administrative Services) City Manager’s Recommendation: Receive the report.
CONSIDERATION OF CITY COUNCIL POLICY NO. 89 INTERNAL AUDIT FRAMEWORK AND AUDIT PLAN FOR THE REMAINDER OF FISCAL YEAR 2019-20 – Adoption of a Resolution approving City Council Policy No. 89 establishing the framework for an effective internal audit function and approving the audit plan for the remainder of Fiscal Year 2019-20. (Staff contact: Brigid Okyere, Administrative Services) City Manager’s Recommendation: Adopt the Resolution.
PEER REVIEW OF NORTH SAN DIEGO COUNTY CITIES COMMUNITY CHOICE ENERGY TECHNICAL FEASIBILITY STUDY AND AUTHORIZING A REIMBURSABLE ADVANCE TO THE CLEAN ENERGY ALLIANCE JOINT POWERS AUTHORITY IN THE AMOUNT OF $150,000 – Adoption of a Resolution accepting the peer review of North San Diego County Cities Community Choice Energy Technical Feasibility Study and authorizing the city manager to negotiate, execute and fund a cost reimbursement for Member Agency Support Agreement allowing for the City of Carlsbad’s participation in funding the fiscal year 2019-20 initial budget of the Clean Energy Alliance Joint Powers Authority in the amount of $150,000. (Staff contact: Jason Haber, City Manager Department) City Manager’s Recommendation: Adopt the Resolution.
TRAFFIC & MOBILITY COMMISSION WORK PLAN FOR FISCAL YEAR 2019-20 AND DRAFT COMMUNICATIONS PLAN – Adoption of a Resolution approving the Traffic and Mobility Commission Work Plan for Fiscal Year 2019-20. (Staff contact: Doug Bilse, Public Works) City Manager’s Recommendation: Adopt the Resolution.
Council Commentary and Requests for Consideration of Matters
City Council Regional Assignments (Revised 1/08/19) Matt Hall Mayor North County Mayors and Managers City/School Committee Chamber of Commerce Liaison (primary) San Diego County Water Authority San Diego Regional Economic Development Corporation Board of Directors Keith Blackburn Council Member Buena Vista Lagoon JPC Encina Wastewater Authority/Joint Powers Board of Directors North County Dispatch Joint Powers Authority Chamber of Commerce Liaison (alternate) Priya Bhat-Patel Mayor Pro Tem SANDAG (2nd alternate) North County Transit District (primary) City/School Committee League of California Cities – SD Division Cori Schumacher Council Member SANDAG (primary) Buena Vista Lagoon JPC Encina Wastewater Authority Board of Directors (alternate) Vacant – District No. 1 Council Member SANDAG (1st alternate) Encina Wastewater Authority/Joint Powers Board of Directors North County Dispatch Joint Powers Authority (alternate) North County Transit District (alternate) 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: