Loading...
HomeMy WebLinkAbout2005-10-19; City Council; MinutesSPECIAL MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: CITY COUNCIL WORKSHOP October 19,2005 1 I :00 a.m. - 1:00 p.m. 1635 Faraday Ave, Room 173A The Mayor called the meeting to order at 11 :03 A.M. All Council Members were present except Council Member Packard who arrived at 11:12 a.m. Also present were the City Manager and City Attorney. The Mayor called for a discussion on Council Member reports on regional roles and assignments. Mayor Pro Tem Hall reported on SANDAG activities. Council Member Sigafoose reported on NCTD activities including ongoing work on the Sprinter line. Council Member Kulchin reported on the timing of certain regional board meetings. The Mayor reported on Metropolitan Water District activities including ongoing labor negotiations leading to a possible memorandum of understanding. The Mayor then called for a discussion of the proposed recreational vehicle ordinance. The City Manager called on Deputy City Engineer Transportation Bob Johnson who introduced the item. He reminded the Council that during the period from December 2003 to November 2004 there were 294 calls for service. He distributed a memorandum summarizing the various alternatives before the Council for discussion. (See memorandum attached). The alternatives included: 0 Maintaining the status quo; Implementing a permit option; and 0 Restricted duration parking option. In response to an inquiry from Council, Mr. Johnson pointed ouL that 131 of these calls originated in the northwest quadrant. He theorized that this is because there are fewer master planned communities and therefore less RV storage areas in the northwest quadrant. Mayor Pro Tem Hall pointed out that this provision was added to our code in the 1990s after the northwest quadrant was substantially developed. Council Member Sigafoose inquired about parking along Carlsbad Boulevard and Mr. Johnson reviewed that issue which was the subject of a previous workshop. Council Member Packard inquired whether or not ordinances regulating RV parking have been successful in other communities. Mr. Johnson explained that this has not yet been done and that he will check with the City of Encinitas to see how effective its ordinance has been. After a discussion of this issue and considering the report and information presented to the Council by staff, the Council felt that maintaining the status quo was in the best interests of the City at this time. The Mayor then called for a discussion and review of the redevelopment standards for the Village Area. The City Attorney explained the process for obtaining a quorum when a majority of the Council has a potential conflict of interest under FPPC Regulation 18708 (copy attached). Council Member Kulchin implemented the lottery system called for in that regulation and Council Member Sigafoose was picked at random to participate in the discussion in order to obtain a legal quorum. Mayor Pro Tem Hall and Council Member Packard were excused and did not participate further in the item. Council Member Sigafoose explained that the potential conflict of interest was due to her real property interests and business ownership of the property located at 2805 Ocean Street, Carlsbad, California. Redevelopment Director Fountain then introduced the item with the aid of a slide presentation (on file in the office of the City Clerk) entitled “Development Standards Review”. Council listened to the presentation, asked clarifying questions and then engaged in a discussion of the issues. The Mayor summarized the issues as density, height, parking and setbacks. After further discussion, the Council directed staff to process the item for consideration of certain changes but with no changes in density, height or parking at this time. The Council indicated that it was acceptable to process an amendment to the Redevelopment Standards to eliminate the 5-12 roof pitch and to allow all setbacks at zero feet and 100% building coverage with good design, except for “edge properties” that abut residentially zoned properties. Redevelopment Director Fountain will begin the process to make these changes, which will be returned to the City Council at a regular meeting for further consideration. The City Manager recommended a parking study first including the financial impacts associated with any changes before further Council discussion on this issue. Redevelopment Director Fountain indicated that she will return to the Council with examples of the impacts of removing the provisions of the Planned Development ordinance, which currently applies in the Redevelopment Area. The Mayor then called for a working lunch at 12:18 p.m. He called for a discussion of the Rancho del Oro interchange. Mayor Pro Tem Hall and Council Member Packard rejoined the Council. The Mayor called on the City Manager who introduced Deputy Public Works Director Glenn Pruim who gave the background of the Rancho del Oro interchange project. It has been included in the City’s General Plan for over 20 years and is included in the SANDAG traffic modeling for traffic studies for current projects. Our staff has attended meetings with Oceanside and has continued to express its desire to see the Rancho del Oro interchange constructed. The draft EIR/EIS has not been released to the public for review and comment. Council directed Mayor Pro Tem Hall its SANDAG representative to request this issue be discussed at the next SANDAG board meeting. The Mayor then called for public comment and there being none, thanked all for their thorough participation and adjourned the special meeting at 1:07 p.m. esp tfully submitted, &Izk RONALD R. BALL, City Attorney as Clerk Pro Tem for the meeting October 14,2005 TO: CITY MANAGER FROM: Deputy City Engineer, Transportation RV PARKING PROHIBITION This memorandum summarizes pertinent features of three alternatives about the referenced subject that can be discussed at the City Council workshop on October 19, 2005. My intention of this memorandum is not to examine all the details associated with each alternative. Its purpose, however, is to highlight key provisions that may warrant further investigation or clarification. After the City Council provides policy direction on this matter, as necessary, the selected alternative could be processed to the Traffic Safety Commission for a recommendation. That recommendation would be presented to the City Council at a regular Council meeting. I Alternative 1 : Status Quo Presently, the Police Department monitors parked vehicles, including recreational vehicles, when complaints are received. Typically, the Community Services Officer conducts this monitoring and enforcement activity, although other police officers also can conduct enforcement. Other routine monitoring of parking violations throughout Carlsbad is conducted upon the availability of the Community Services Officer or other police officer. The current municipal code requires that no vehicle may park for seventy-two or more consecutive hours without being moved more than one-tenth of a mile under its own power from its original stopped position. When a complaint is received about recreation vehicles parking for an excessive length of time, this provision of the municipal code is monitored and a citation is written if the vehicle is found to be in violation. The number of complaints about parking violations generated citywide to the Police Department shows a tendency for many complaints to be received followed by a period of fewer complaints. Lt. Rawson has indicated that lately the number of complaints received about recreational vehicles is at a low level. The Traffic Division of the Police Department is receiving about four calls for service each week for this type of complaint. The Community Services Officer would spend about 30 minutes per 10 hour shift addressing these types of complaints. Alternative 2: Permit Option Some agencies have instituted a permit system to regulate the parking of recreational vehicles on public streets. Because their ordinance restricts the parking of recreational vehicles to a maximum number of hours (such as four consecutive hours) and also restricts the time when the recreational vehicle cannot be parked on the city street (2:OO a.m. to 6:OO a.m., for instance), a permit from the local agency would be required to not be in violation of these prohibitions. October 14,2005 RV PARKING PROHIBITION Page 2 Those agencies designate a specific department to issue an annual permit to the owner of the recreational vehicle. The permit allows the owner to park the vehicle for 48-hour nonconsecutive time periods to prepare for travel or for unloading. Requirements for the owner to meet to be granted the permit may include: 0 Proof that the vehicle is stored in an off-site storage facility 0 Vehicle must be parked in front of permittee’s property, if possible 0 No overnight camping or lodging is allowed when parked on the public street Additionally, bonafide residents of the city may request, on an annual basis, up to three permits for their visiting guests that own recreational vehicles. The guest vehicle may park for no more than seven consecutive days and the permit must be displayed on the vehicle. No more than three permits will be issued to an addressee (resident) in any one 12-month period. This option requires the officer to drive to a site to check the validity of a permit, in the case of a guest permit, or to monitor the 48-hour maximum parking time for a resident permit. Depending upon availability of an officer, the enforcement level may be minimal. Alternative 3: Restricted Duration Parkina ODtion This option prohibits the daily parking of recreational vehicles between designated hours, such as between 200 a.m. and 6:OO a.m., or some other specified time period. The intent is to prohibit the recreational vehicle from parking on the public street for 24-hours consecutively. There are no exceptions provided. This option requires fewer police officers to enforce as it is obvious when a violation is occurring during the restricted hours. For both alternative 2 or 3, signs must be posted at the city limits, at a minimum, to inform drivers of the provisions of the ordinance. However, recent court action dictates that additional signs be posted at other locations in a city. In Carlsbad, this would result in more than 100 signs being installed at an estimated cost of several hundred dollars each. ROBERT T. JOHNSON, JR., P.E. Deputy City Engineer, Transportation RTJ:dl c: City Attorney Assistant City Manager Police Chief Captain Shipley Lt. Rawson Deputy Public Works Director, Engineering Services Regulations of the Fair Political Practices Commission TITLE 2, DIVISION 6, CALIFORNIA CODE OF REGULATIONS 18708. Legally Required Participation. (a) A public official is not legally required to make or to participate in the making of a governmental decision within the meaning of Government Code section 871 01 unless there exists no alternative source of decision consistent with the purposes and terms of the statute authorizing the decision. (b) Whenever a public official who has a financial interest in a decision is legally required to make or to participate in making such a decision, he or she shall state the existence of the potential conflict as follows: (1) The public official shall disclose the existence of the conflict and describe with particularity the nature of the economic interest. "Particularity" as used in this regulation shall be satisfied if the official discloses: (A) whether the conflict involves an investment, business position, interest in real property, or the receipt of income, loans or gifts; (B) if the interest is an investment, the name of the business entity in which each investment is held; if the interest is a business position, a general description of the business activity in which the business entity is engaged; if the interest is real property, the address or another indication of the location of the property, unless the property is the official's principal or personal residence, in which case the official shall disclose this fact. For income, loans or gifts, the official shall disclose the person or entity that is the source. (2) The public official or another officer or employee of the agency shall give a summary description of the circumstances under which he or she believes the conflict may arise. (3) Either the public official or another officer or employee of the agency shall disclose the legal basis for concluding that there is no alternative source of decision. (4) The disclosures required by this regulation shall be made in the following manner: (A) If the governmental decision is made during an open session of a public meeting, the disclosures shall be made orally before the decision is made, by either the public official or by another officer or employee of the agency. The information contained in the disclosures shall be made part of the official public record either as a part of the minutes of the meeting or as a writing filed with the agency. The writing shall be prepared by the public official and/or any officer or employee and shall be placed in a public file of the agency within 30 days after the meeting; or (B) If the governmental decision is made during a closed session of a public meeting, the disclosures shall be made orally during the open session either before the body goes into closed session or immediately after the closed session. The information contained in the disclosures shall be made part of the official public record either as a part of the minutes of the meeting or as a writing filed with the agency. The writing shall be prepared by the public official and/or any officer or employee and shall be placed in a public file of the agency within 30 days after the meeting; or (C) If the government decision is made or participated in other than during the open or closed session of a public meeting, the disclosures shall be made in writing and made part of the official public record, either by the public official and/or by another officer or employee of the agency. The writing shall be filed with the public official's appointing authority or supervisor and shall be placed in a public file within 30 days after the public official makes or participates in the decision. Where the public official has no appointing authority or supervisor, the disclosure(s) shall be made in writing and filed with the agency official who maintains the records of the agency's statements of economic interests, or other designated office for the maintenance of such disclosures, within 30 days of the making of or participating in the decision. (c) This regulation shall be construed narrowly, and shall: (1) Not be construed to permit an official, who is otherwise disqualified under Government Code section 87100, to vote to break a tie. (2) Not be construed to allow a member of any public agency, who is otherwise disqualified under Government Code section 87100, to vote if a quorum can be convened of other members of the agency who are not disqualified under Government Code section 87100, whether or not such other members are actually present at the time of the disqualification. (3) Require participation by the smallest number of officials with a conflict that are "legally required" in order for the decision to be made. A random means of selection may be used to select only the number of officials needed. When an official is selected, he or she is selected for the duration of the proceedings in all related matters until his or her participation is no longer legally required, or the need for invoking the exception no longer exists. (d) For purposes of this section, a "quorum" shall constitute the minimum number of members required to conduct business and when the vote of a supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption. COMMENT: Nothing in the provisions of subdivision (b)(4)(B) is intended to cause an agency or public official to reveal the confidences of a closed session contemplated by law. For example, under the Brown Act (Government Code sections 54950 et. seq.) a city council may enter a closed session to discuss personnel matters and need not publicly disclose the name of the employee who is the subject of the meeting. (Government Code section 54957.) This regulation does not require a city council person who is legally required to participate in that closed session to disclose that employee's name when the council member makes the record required by this regulation. NOTE: Authority cited: Section 831 12, Government Code. Reference: Sections 8'1002, 81003 and 87101, Government Code.