HomeMy WebLinkAbout2008-02-05; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: February 5, 2008
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Nygaard.
Absent: None.
LEGISLATIVE INVOCATION:
Pastor Silas Krueger of Beautiful Savior Lutheran Church offered the Legislative
Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were
approved as presented.
Minutes of the Special Meeting held January 15, 2008.
Minutes of the Regular Meeting held January 15, 2008.
Minutes of the Special Meeting held January 16, 2008.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the
action of the Consent Calendar, Item Nos. 1 through 8, as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #19.297 - REFUNDS OF BUSINESS LICENSE TAX PAYMENTS.
Council adopted RESOLUTION NO. 2008-020. authorizing the refund of
business license tax payments to Mirabella at Aviara; Fishlips; First NLC
Financial Services; Navigator Development Group; Rocco's Hair Design and
APS Dynamics, Inc.
February 5, 2008 Carlsbad City Council Meeting Page 2
2. AB #19.298 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2008-021. accepting the bid and awarding
the contract to Seaside Heating and Air Conditioning, Inc. for heating, ventilation
and air conditioning services, Bid No. 08-10.
3. AB #19.299 - SETTLEMENT OF WORKERS' COMPENSATION CLAIM.
Council adopted RESOLUTION NO. 2008-022. authorizing the expenditure of
funds for the settlement of the Workers' Compensation Claim of Anthony Sepich.
4. AB #19.300 - AWARD OF CONTRACT.
Council adopted RESOLUTION NO. 2008-023. accepting bids and awarding the
contract to Southwest Civil Contracting, for the construction of the Cynthia Lane
Storm Drain, Project No. 6601.
5. AB #19.301 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's report on City Investments as of
December 31, 2007.
6. AB #19.302 - COASTAL RAIL TRAIL COOPERATE WORK AGREEMENT.
Council adopted RESOLUTION NO. 2008-024. approving the CALTRANS
Cooperate Work Agreement extension for the Coastal Rail Trail, Project No. 3455.
7. AB #19.303-APPROVAL OF MEMORANDUM OF UNDERSTANDING.
Council adopted RESOLUTION NO. 2008-025. approving a Memorandum of
Understanding with the Carlsbad Police Officers' Association.
8. AB #19.304 - DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2008-026. declaring a State of Local
Emergency resulting from the formation of a sinkhole on January 7, 2008 along
the 2400 block of Tamarack Avenue.
PUBLIC COMMENT:
Kelli Moors, a member of the Carlsbad Unified School District Board, 4023 Crescent
Point Road, Carlsbad, came forward to address Council. Ms. Moors expressed
concerns relating to the impact of the proposed state budget on pubic schools. Ms.
Moors commented that the previously passed Proposition 98 must be maintained to
protect schools from future budget cuts.
Michele Levy, 3021 Highland Drive, Carlsbad, spoke in support of establishing a Master
Plan for the Carlsbad Fire Department.
A representative of Policewatch.org expressed concerns relating to the accountability of
law enforcement officials.
Joyce Smith, a member of the Carlsbad Historical Society, 2719 Greenock Court,
Carlsbad, invited the citizens of Carlsbad to participate in Carlsbad High School's 50th
Anniversary Celebration Parade. Ms. Smith explained that the parade would begin at
10:00 a.m. on February 16, 2008 at the Oceanside High School campus and would end
at Magee Park in Carlsbad.
February 5, 2008 Carlsbad City Council Meeting Page 3
In response to an inquiry from Council Member Hall, Ms. Smith explained that citizens
could call (760) 729-2779 for additional information regarding the parade.
Dennis Hayes, Carlsbad City Employees' Association Representative, 3258 Fourth
Avenue, San Diego, came forward to address Council.
Mayor Lewis commented that the Carlsbad City Council would not negotiate from the
dais.
Mr. Hayes spoke about the rising costs of healthcare and encouraged the Council to
consider equality when determining the amount of healthcare benefit credits for all
employee groups.
PUBLIC HEARING:
9. AB #19.305 - BRESSI RANCH MEDICAL PLAZA.
Assistant Planner Daniel Halverson presented the staff report and reviewed a
PowerPoint Presentation (on file in the office of the City Clerk).
In response to an inquiry from Mayor Pro Tem Kulchin, Mr. Halverson confirmed that
the project would have enhanced landscaping to shield equipment from street level
view.
The applicant, David DiRienzo, 936 Santa Ana Boulevard, Santa Ana, came forward to
address Council. In response to an inquiry from Council Member Packard, Mr.
DiReinzo confirmed that the proposed building would be a Class A Building. In closing,
he stated he would be happy to answer any questions from Council.
Mayor Lewis opened the duly noticed Public Hearing at 6:32 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:32 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE
NO. NS-874. approving a Master Plan Amendment to change the Bressi
Ranch Master Plan Land Use and Zoning designations from Planned
Industrial to Office; and,
Adopted RESOLUTION NO. 2008-027. approving a Negative Declaration
and a General Plan Amendment to change the Land Use Element from
Planned Industiral (PI) to Office (O) on property located on the southeast
corner of El Camino Real and Town Garden Road in Planning Area 1 in
the Bressi Ranch Master Plan and in Local Facilities Management Zone
17.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
February 5, 2008 Carlsbad City Council Meeting Page 4
10. AB #19.306 - LEGOLAND INNER PARK.
Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint
Presentation (on file in the office of the City Clerk).
In response to Council, John Jacobsen, General Manager of Legoland, explained that
at this time the overnight use space needs have not been determined; however, that
possibly 1/3 of the area will be used for the Overnight Pirate Campout that Legoland is
proposing.
Council Member Packard confirmed that Legoland will be providing the amenities for
the campouts.
In response to an inquiry from Mayor Lewis, Mr. Jacobsen explained that any facilities
constructed outside the park gates would be of the same style and quality as those
within the park.
Mayor Lewis opened the duly noticed Public Hearing at 6:48 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:48 p.m.
Council expressed their support for the proposed project.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE
NO. NS-875. approving an Amendment to the Carlsbad Ranch Specific
Plan to allow for an administrative approval process for Legoland Inner
Park improvements, modify the allowed uses to include overnight uses
and to define minor and major Specific Plan Amendments on property
generally located north of Palomar Airport Road, south of Cannon Road,
east of Paseo Del Norte and west of the Crossings Drive in the Mello II
Segment of the Local Coastal Program and in Local Facilities
Management Zone 13; and,
Adopted RESOLUTION NO. 2008-028. approving a determination that
the Project is within the scope of the previously certified Carlsbad Ranch
Specific Plan Program Environmental Impact Report and that the Program
Environmental Impact Report adequately describes the activity for the
purposes of CEQA and approving a Specific Plan Amendment and a
Local Coastal Program Amendment to amend the Carlsbad Ranch
Specific Plan to allow for an Administrative Approval Process for Legoland
Inner Park improvements, modify the allowed uses to include overnight
uses, and to define Minor and Major Specific Plan Amendments on
property generally located north of Palomar Airport Road, south of
Cannon Road, east of Paseo Del Norte and west of the Crossings Drive in
the Mello II Segment of the Local Coastal Program and in Local Facilities
Management Zone 13.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
February 5, 2008 Carlsbad City Council Meeting Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
11. AB #19.307 - JUNE 3. 2008 SPECIAL MUNICIPAL ELECTION.
Senior Management Analyst Joe Garuba and Management Analyst Rob Houston
presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of
the City Clerk).
Tom Lemmon, 3566 Bayonne Drive, San Diego, came forward to address Council. Mr.
Lemmon expressed concerns relating to the impact Charter City status could have on
prevailing wage. He encouraged the Council to do as neighboring Charter cities such as
the City of Del Mar have done, and maintain the payment of prevailing wage for
construction projects.
In response to an inquiry from Council Member Nygaard, Mr. Garuba explained that the
proposed City charter does not contain any language prohibiting the payment of
prevailing wages.
Council discussion ensued regarding their support for submitting the proposed Charter
City measure to the voters of Carlsbad on the June 3, 2008 Special Municipal Election
Ballot.
Council concurred to allow all members of the City Council to sign the written argument in
favor of the Ballot Measure.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-029. accepting the Charter City
Evaluation and Analysis Report and approving the Charter
language; and,
Adopted RESOLUTION NO. 2008-030. calling and giving notice of
a Special Municipal Election for the purpose of submitting the
proposed measure "Shall the proposed City Charter of the City of
Carlsbad be Adopted" to the qualified voters of Carlsbad and
appropriating funds for communications actions; and,
Adopted RESOLUTION NO. 2008-031. requesting the Baord of
Supervisors of the County of San Diego consolidate a Special
Municipal Election to be held in the City of Carlsbad on Tuesday,
June 3, 2008 with the statewide Primary Election; and,
Adopted RESOLUTION NO. 2008-032. authorizing Mayor Claude
A. Lewis, Mayor Pro Tern Ann Kulchin, Council Member Matt Hall,
Council Member Mark Packard and Council Member Julianne
Nygaard to file a written argument regarding the proposed Charter
City question by 5:00 p.m. on March 19, 2008; and,
Adopted RESOLUTION NO. 2008-033. directing the City Attorney
to prepare an Impartial Analysis of the proposed Ballot Measure;
and,
February 5, 2008 Carlsbad City Council Meeting PageS
AYES:
NOES:
Adopted RESOLUTON NO. 2008-034. providing for the filing of
Rebuttal Arguments regarding the proposed Charter City question
by 5:00 p.m. on March 27, 2008.
Lewis, Kulchin, Hall, Packard and Nygaard.
None.
12. AB #19.308 - COST ALLOCATION METHODOLOGY FOR 2010 SANDAG
REGIONAL BEACH SAND PROJECT.
Associate Engineer Steve Jantz presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mr. Jantz explained that the SANDAG Shoreline Preservation Working Group is
requesting a recommendation regarding the cost allocation methodology for funding the
local share requirement of the SANDAG Regional Beach Sand Project. He further
explained that the following four allocation methods are available for Council
consideration:
Option A:
Jurisdictions
Oceanside
Carlsbad
Encinitas
Solana Beach
Del Mar
San Diego
Imperial Beach
Total
.7: 5094Sartd i
$115,374
$105,731
$124,960
$38,458
$49,421
$107,108
$32,948
$574,000
i^10,%-Mii««",~S
$18,517
$20,446
$25,405
$12,513
$12,904
$14,580
$10,435
$114,800
m«% Pomilaitlarii-i
$47,665
$26,588
$16,072
$3,628
$1,240
$356,523
$7,485
$459,200
;:."i -YeaFOn*flrafiS
$181,556
$152,764
$166,437
$54,599
$63,565
$478,21 1
$50,868
$1,148,000
^^Y^SWo^F'
$544,222
$457,917
$498,902
$163,662
$190,538
$1,433,456
$152,479
$3,441,176
Option B:
Jurisdictions
Oceanside
Carlsbad
Encinitas
Solana Beach
Del Mar
San Diego
Imperial Beach
Total
-- 33% Sand- ^
$76,916
$70,487
$83,307
$25,639
$32,948
$71,406
$21,965
$382,667
'•-•^^mSt^"-
$61,724
$68,153
$84,684
$41,711
$43,012
$48,599
$34,784
$382,667
•1-33% p<yjSiM)in%i
$39,721
$22,156
$13,393
$3,023
$1,033
$297,102
$6,237
$382,667
•P'ilw^Ortrrowttr
$178,361
$160,797
$181,384
$70,372
$76,993
$417,107
$62,987
$1,148,000
i^Y«ir^otah'i-<
$534,644
$481 ,994
$543,706
$210,944
$230,788
$1,250,294
$188,806
$3,441,176
Option C:
Jurisdictions
Oceanside
Carlsbad
Encinitas
Solana Beach
Del Mar
San Diego
Imperial Beach
Total
-•eon-sand •••"'••;
$138,449
$126,877
$149,952
$46,150
$59,306
$128,530
$39,537
$688,800
~*r~ 'lO'^'MIi'fiS-"; V
$18,517
$20,446
$25,405
$12,513
$12,904
$14,580
$10,435
$114,800
••w-'30fcP^liii^i
$35,749
$19,941
$12,054
$2,721
$930
$267,392
$5,614
$344,400
^-y«ar'Cft«-Tdiar3'-'',
$192,715
$167,264
$187,411
$61,384
$73,139
$410,502
$55,586
$1,148,000
££'3«Yi«R'tdtal;t'-r '•
$577,670
$501,379
$561,772
$184,000
$219,237
$1,230,496
$166,622
$3,441,176
February 5, 2008
Option D:
Carlsbad City Council Meeting Page 7
Jurisdictions
Oceanside
Carlsbad
Encinitas
Solana Beach
Del Mar
San Diego
Imperial Beach
Total
• - - 45% Sandr =-• :r'
$103,837
$95,158
$112,464
$34,612
$44,479
$96,398
$29,653
$516,600
- •"-" •''-"•^fl^'.MiliSES^Ja
$18,517
$20,446
$25,405
$12,513
$12,904
$14,580
$10,435
$114,800
$53,623
$29,911
$18,081
$4,081
$1,395
$401,088
$8,421
$516,600
a^ewoS&o&ifft.
$175,977
$145,515
$155,950
$51,207
$58,778
$512,065
$48,509
$1,148,000
$527,498
$436,186
$467,467
$153,494
$176,188
$1,534,937
$145,407
$3,441,176
In conclusion, Mr. Jantz explained that Option D is the least costly to the City of
Carlsbad followed by Option A.
Council discussion ensued regarding their support for Cost Methodology Option D.
ACTION: On a minute motion by Mayor Pro Tem Kulchin, Council concurred
to support Cost Allocation Method Option D with Option A as an
alternative.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
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 February 5, 2008 was adjourned at 7:37 p.m.
(/,:.-, i -'?'/'<,UU;v^ j / I
LORRAINE M. WOOD, CMC
City Clerk
Sheila Cobian
Deputy City Clerk