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Home My WebLink About2005-11-08; City Council; MinutesMINUTES MEETING OF : DATE OF MEETING: November 8,2005 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Regular Meeting) City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: None. Lewis, Kulchin, Hall, Packard and Sigafoose. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, minutes of the following meetings were approved as presented: Minutes of the Special Meeting held October 18, 2005. Minutes of the Regular Meeting held October 18, 2005. Minutes of the Special Meeting held October 19, 2005. Minutes of the Special Meeting held October 20, 2005. Minutes of the Special Meetings held October 25, 2005. Minutes of the Regular Meeting held October 25, 2005. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, Items #1 through #4 as follows: AYES: NOES: None Lewis, Hall, Kulchin, Packard and Sigafoose WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #18,330 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF DONALD KREPPS. Council adopted RESOLUTION NO. 2005-324, accepting the Stipulations with Award and authorizing the expenditure of funds for settlement of the Workers’ Compensation claim of Donald Krepps. November 8,2005 Carlsbad City Council Meeting Page 2 2. AB #18,331- PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM FOR MANAGEMENT CLASSIFICATIONS. Council adopted RESOLUTION NO. 2005-325, establishing a Base Pay Matrix to provide for base pay increases for eligible management employees. 3. AB #18,332 - WORKFORCE HOUSING INCENTIVE GRANT PROGRAM. Council adopted RESOLUTION NO. 2005-326, approving an agreement with the State of California- Department of Housing and Community Development for funding for affordable rental housing from the Workforce Housing Incentive Grant Program. 4. AB #18,333 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Council adopted RESOLUTION NO. 2005-327, declaring a continued state of local emergency, and authorizing staff to request assistance and concurrence from the Office of Emergency Services. PUBLIC COMMENT: Robert Woelffer, 61 38 Paseo Monona, Carlsbad came forward to address Council. Mr. Woelffer thanked Council for their support regarding the trucking issues on Melrose Drive. Mr. Woelffer suggested that when haul route permits are approved, that trucks be directed to use Poinsettia Lane from El Fuerte rather than Melrose Drive to avoid traffic at Carrillo Elementary School. Mr. Woelffer also requested that additional traffic officers be available to assist in monitoring the increased traffic concerns. Alan Kindle, representing the Friends of Carrillo Ranch, Inc., 2622 El Aguila Lane, Carlsbad, asked that Council find the funds necessary to complete the restoration of the Old Barn Theater and Interpretive Center at the Leo Carrillo Ranch Historic Park. Mr. Kindle also invited Council and the public to a Fall Festival being held at Carrillo Ranch on Saturday, November 12, 2005 from 12:OO to 2:OO p.m. Ron Alvarez, a member of the Concerned Citizens of Carlsbad, 354 Oak Street, Carlsbad, came forward to address Council. Mr. Alvarez expressed the desire to preserve the area known as the Carlsbad strawberry and flower growing fields as open space. PUBLIC HEARINGS: 5. AB #18,334 - VACATION OF A PORTION OF SAPPHIRE DRIVE STV 05-02 (CT 02-07). Bob Wojcik, Deputy City Enginner, presented the staff report. November 8,2005 Carlsbad City Council Meeting Page 3 Mayor Lewis opened the duly noticed Public Hearing at 6:14 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:15 p.m. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-328, vacating a portion of Sapphire Drive. - AYES: NOES: None Lewis, Hall, Kulchin, Packard and Sigafoose 6. AB #18,335 - COMMUNITY FACILITIES DISTRICT NO. 3 (FARADAY-MELROSE). Assistant City Manager Lisa Hildabrand and Deputy Public Works Director Glenn Pruim, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Ms. Hildabrand gave a brief history of the formation of the proposed District. Mr. Pruim reviewed the location and boundaries of the proposed District. Ms. Hildabrand also explained the financing and construction costs associated with the formation of Community Facilities District No. 3. Mayor Lewis opened the duly noticed Public Hearing at 6:29 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak, Mayor Lewis declared the Public Hearing closed at 6:29 p.m. and asked staff to report on the protest count, if any. City Clerk Lorraine Wood stated that there had not been any protests received. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-329, forming and establishing Community Facilities District No. 3, designating improvement areas and authorizing the submittal of the levy of special taxes within each such improvement area to the qualified electors; and, Adopted RESOLUTION NO. 2005-330, determining the necessity to incur a bonded indebtedness for each improvement area of Community Facilities District No. 3, submitting to the qualified electors of each improvement area separate propositions to authorize the levy of a special tax within each such improvement area, to authorize such Community Facilities District to incur a bonded indebtedness for each improvement area secured by the levy of a special tax within such improvement area to finance certain public facilities and to establish an appropriations limit for such community facilities district, and giving notice thereon. - AYES: NOES: Lewis, Hall, Kulchin, Packard and Sigafoose None November 8,2005 Carlsbad City Council Meeting Page 4 Mayor Lewis requested that the City Clerk provide the results of the election. Ms. Wood certified that the votes were as follows: Improvement Area 1 1. Votes Cast on Proposition A: Yes 192 No -0- 2. Votes Cast on Proposition 8: Yes 192 No -0- Improvement Area 2 3. Votes Cast on Proposition C: Yes 396 No -0- 4. Votes Cast on Proposition D: Yes 396 No -0- Improvement Area 3 5. Votes Cast on Proposition E: Yes 588 No -0- ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-331, declaring the results of a special election in such Community Facilities District and in Improvement Area 1 and Improvement Area 2. - AYES: - NOES: None Lewis, Hall, Kulchin, Packard and Sigafoose City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-777, authorizing the levy of a special tax in Improvement Area 1 and Improvement Area 2 of Community Facilities District No. 3. AYES: - NOES: None Lewis, Hall, Kulchin, Packard and Sigafoose 7. AB #18,336 - FORMATION OF CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT (CTBID]. Council Member Sigafoose left the dais at 6:32 p.m. due to a potential conflict of interest. City Manager Ray Patchett asked that the City Clerk report the noticing of the Public Hearing. Lorraine Wood, City Clerk, reported that the Notice of Public Hearing and distribution of the Resolution of Intention had been completed in the manner and form as required by the law. November 8,2005 , Carlsbad City Council Meeting Page 5 Jim Elliott, Administrative Services Director, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s office). Mayor Lewis opened the duly noticed Public Hearing at 6:46 p.m. and asked if anyone would like to speak. Kurt Burkhart, Executive Director of the Carlsbad Convention and Visitor’s Bureau , came forward to read a letter sent to Council (on file in the City Clerk‘s office) from Timothy Stripe, Co President of Grand Pacific Palisades in support of the Carlsbad Tourism Business Improvement District (CTBID). Doug Evadian, representing April Shute of La Costa Resort and Spa, expressed support for the formation of the CTBID. Nancy Nayudu, owner of the Pelican Cove Bed and Breakfast, 320 Walnut Avenue, Carlsbad, came forward to address Council. Ms. Nayudu thanked Council for their assistance in forming the CTBID. Michael Babaw read a letter from Ted Owen, the PresidenVCEO of the Carlsbad Chamber of Commerce (on file in the office of the City Clerk), expressing the Chambers’ support for formation of the CTBID. Council Member Packard asked what process was used in creating the proposed list of directors for the CTBID contained in a letter sent to Council from the Chamber of Com me rce. Mr. Babaw explained he believed that the Chamber called a group of members together who were also members of the lodging industry and surveyed them. In regards to the letter, Mayor Lewis stated that he and Mayor Pro Tem Hall had met with Chamber representatives and asked for a proposal for representation of the CTBID Board. Council Member Kulchin asked if all of the hoteliers were interviewed. Mr. Babaw stated that he was not sure due to the fact he was not with the Chamber at the time the surveys were done but he believed all of the hoteliers were surveyed. In response to an inquiry from Council Member Kulchin, Mr. Babaw stated that he would see if there was any documentation regarding the survey and interview process and would forward the information to the City Council. Kurt Burkhart, Executive Director of the Carlsbad Convention and Visitor’s Bureau, 400 Carlsbad Village Drive, came forward to address Council. Mr. Burkhart expressed his support for the formation of the CTBID and thanked City staff for their guidance through the process. Cami Mattson, 61 80 Paseo Del Norte, Carlsbad, expressed support for the formation of the CTBID on behalf of the San Diego North Convention and Visitors Bureau. November 8,2005 Carlsbad City Council Meeting Page 6 Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 658 p.m. Mayor Lewis asked that the City Clerk tabulate the written protests received and report the results to the City Council. City Clerk Lorraine Wood stated that the tabulation of the written protests had been completed and that there were written protests in opposition to the levy representing 0%. A majority protest would have been 50% or more of the total. Since the written protests represented less than 50% of the total, there was no majority protest. In response to a request from Mayor Lewis, City Attorney Ron Ball titled the Ordinance. Council discussion ensued regarding their appreciation for the Chamber of Commerce, the Convention and Visitors Bureau and staff for their efforts to form the CTBID. Council Member Kulchin thanked the people for their letters asking to be placed on the Advisory Board (on file in the office of the City Council). ACTION: On a motion by Mayor Pro Tem Hall, Council introduced ORDINANCE NO. NS-778, enacting Chapter 3.37 of the Carlsbad Municipal Code establishing the Carlsbad Tourism Business Improvement District (CTBID), fixing the boundaries thereof, providing for the levy of a business assessment to be paid by hotel businesses in such District and establishing an advisory board. AYES: Lewis, Hall, Kulchin, and Packard NOES: None ABSENT: Sigafoose Council concurred to appoint the following individuals to the CTBID Advisory Board: . April Shute from La Costa Resort - No term limit . Robert Cima from Four Seasons Aviara - No term limit . Timothy Stripe from Grand Pacific Palisades - No term limit . Ted Vallis from Olympic Resort - 2 year term . Barbara Howard-Jones from Best Western - 2 year term . Bill Canepa from Hilton Garden Inn - 4 year term . Francis Kauhaahaa from Holiday Inn - 4 year term ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2005-332, appointing April Shute, Robert Cima, Timothy Stripe, Ted Vallis, Barbara Howard-Jones, Bill Canepa and Francis Kauhaahaa to the Advisory Board for the Carlsbad Tourism Business Improvement District. - AYES: - NOES: None ABSENT: Sigafoose Lewis, Hall, Kulchin, and Packard November 8,2005 Carlsbad City Council Meeting Page 7 Council Member Sigafoose returned to the dais at 7:18 p.m. RECESS: Mayor Lewis declared a recess at 7:18 p.m. Council reconvened at 7:22 p.m., with five members present. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Housing and Redevelopment Commission at 7:22 p.m. with five Members present. ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING Mayor Lewis adjourned the Joint Special Meeting of the City Council and Housing and Redevelopment Commission at 7:48 p.m. with five Council Members present. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of November 8, 2005 was adjourned at 7:53 p.m. in honor and memory of Senior Commissioner David Ricker. % &&h%mCzL AlNE .WOOD,CMC Sheila Cobian Deputy City Clerk