HomeMy WebLinkAbout2008-04-08; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 8, 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 Assistant City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Nygaard.
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were
unanimously approved as presented:
Minutes of the Joint Special Meeting held March 18, 2008.
Minutes of the Special Meeting held March 18, 2008.
Minutes of the Regular Meeting held March 18, 2008.
Minutes of the Regular Meeting held March 25, 2008.
PRESENTATION:
Mayor Lewis presented a Proclamation to Aaron Byzak, President of the North Coastal
Prevention Coalition, in recognition of Sober and Drug Free Life Choices Day on April 20,
2008.
CONSENT CALENDAR:
Item No. 2 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of
the Consent Calendar, Items Nos. 1 and 3 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
April 8, 2008 Carlsbad City Council Meeting Page 2
1. AB #19.387 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2008-099. approving contract documents,
special provisions and specifications for the Summer 2008 Concrete and
Hardscape Repairs, and appropriating funds; and authorizing the City Clerk to
advertise for bids, Project No. 6021, Contract No. STS 08-02
2. AB #19.388 - FINAL MAP FOR BRESSI RANCH VILLAGE CENTER.
This item was pulled for discussion.
3. AB #19.389 - AMENDMENT TO AGREEMENT.
Council adopted RESOLUTION NO. 2008-101. approving Amendment No. 2 to the
agreement with Brown and Caldwell for the completion of the Carlsbad Drainage
Master Plan and appropriating Planned Local Drainage Area funds, Project No.
3872.
DISCUSSION OF CONSENT CALENDAR ITEM:
2. AB #19.388 - FINAL MAP FOR BRESSI RANCH VILLAGE CENTER.
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy encouraged the
Council to develop a Fire Department Master Plan.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-100. approving the Final Map for Bressi
Ranch Village Center and authorizing the Final Map to be recorded,
CT 06-24.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCES FOR ADOPTION:
4. AB #19.390 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL
CODE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. NS-883. repealing sections 2.44.025 and 2.44.027
and amending sections 2.08.110 and 2.44.095 of the Carlsbad
Municipal Code to enact the dissolution of the Personnel Board.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
April 8, 2008 Carlsbad City Council Meeting Page 3
5. AB #19.391 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. NS-884. establishing no parking on each side of
Afton Way from Celinda Drive to its westerly terminus.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
David Ripley, Carlsbad, Manager of Maintenance Training - San Onofre, came forward to
address Council. Mr. Ripley provided packets of information to Council (on file in the Office
of the City Clerk) outlining a Nuclear Operations and Maintenance Certificate program
sponsored by Southern California Edison. He explained that the program will be taught at
Palomar College and is designed to prepare students for careers in nuclear energy
production.
Mr. Ripley explained that many of the employees at San Onofre are approaching
retirement age and that the Nuclear Operations and Maintenance Certificate program will
enable Southern California Edison to replenish the workforce with individuals
knowledgeable in nuclear energy production.
In closing, Mr. Ripley stated that anyone interested in obtaining additional information is
invited to attend an Informational Session at the Palomar College Governing Board Room,
San Marcos, on Monday, April 21, 2008 from 5:30 p.m. to 7:00 p.m.
Glenn Bernard, Carlsbad, expressed concerns relating to the absence of a view ordinance
in the City of Carlsbad.
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy encouraged the City
Council to develop a Fire Department Master Plan.
James Lambert, Carlsbad, came forward to address Council. Mr. Lambert expressed
concerns relating to the availability of pornographic material on computers at the local
libraries and encouraged the City to implement filters on the children's computers at the
city's libraries.
In response to Mr. Lambert's concerns, Library Director Heather Pizzuto explained that the
library currently monitors the usage of all computers via electronic monitoring. Ms. Pizzuto
stated that the types of filters Mr. Lambert referenced are known to either under-block or
over-block questionable material by 10% to 15%.
In response to an inquiry from Council Member Packard, Ms. Pizzuto stated that the
Library has not contacted the Carlsbad Unified School District to discuss the types of filters
they have in place on their computers.
April 8, 2008
PUBLIC HEARING:
Carlsbad City Council Meeting Page 4
6. AB #19.392 - 2008 TRAFFIC IMPACT FEE PROGRAM UPDATE AND DESIGNATION
OF FUNDING FOR THE REGIONAL TRANSPORTATION CONGESTION
IMPROVEMENT PROGRAM.
Senior Civil Engineer Marshall Plantz presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Mr. Plantz explained that City Traffic Impact Fees have not been increased since 1991. He
further explained that the fee increases resulting from the Regional Transportation
Development Impact Fee imposed by Transnet requires that the City collect $2,000 for
each newly-constructed residential housing unit beginning July 1, 2008.
Mr. Plantz reviewed the following Traffic Impact Fee increase Options for Council
consideration:
TRAFFIC IMPACT FEE UPDATE - OPTION 1
DEVELOPMENT
Residential
Single-Family
Condominium
Apartment
Commercial/Industrial
FEE BASIS
$2000/unit
$46/ADT*
NOTINCFDS1-
$2400/unit
$2320/unit
$2240/unit
46/ADT*
" 1NCFD#1
$2000/unit
$2000/unit
$2000/unit
30/ADT*
TIP CREDIT
$400/unit
$320/unit
$240/unit
$16/ADT*
= Average Daily Trip
TRAFFIC IMPACT FEE UPDATE - OPTION 2
DEVELOPMENT
Residential
Single-Family
Condominium
Apartment
Commercial/Industrial
FEE BASIS
$353/ADT*
$142/ADT*
NOTINCFD11-
$3530/unit
$2824/unit
$2118/unit
142/ADT*
INCFD#1
$3130/unit
$2504/unit
$1878/unit
126/ADT*
TIP CREDIT
$400/unit
$320/unit
$240/unit
$16/ADT*
* = Average Daily Trip
Mr. Plantz explained Option 1 would generate $16.3 million in future TIF revenue which
when added to the current fund balance of $11.4 million would total $27.7 million. He
further explained that the total of $27.7 million would leave a shortfall of $26.9 million when
compared to the $54.6 million in projected project costs. He further explained that in order
to complete the projects, this shortfall would have to be funded via other sources.
Mr. Plantz also explained Option 2 would result in $43.2 million in future TIF revenue which
when added to the current fund balance of $11.4 million, and would total $54.6 million. He
stated that Option 2 would allow the City to have a balanced Traffic Impact Fee program
and to generate adequate revenues to complete the projects on the Traffic Impact Fee
Project List. He said if approved as proposed, the fees in Carlsbad would be comparable
to fees charged in surrounding communities.
In response to an inquiry from Council Member Hall, Mr. Plantz explained that the roads
and intersections included in the Traffic Impact Fee Program are not roads or intersections
that developers have been conditioned to construct.
April 8, 2008 Carlsbad City Council Meeting Page 5
Council Member Hall expressed concerns relating to the impact the proposed increases
contained in Option 2 could have on commercial and industrial development. He further
stated that it appears that commercial and industrial development would pay a much larger
portion of the overall increase in fees.
In response to an inquiry from Council Member Packard, Mr. Plantz explained that the
Traffic Impact Fee Project List update is a result of changes in growth patterns,
infrastructure needs, and construction costs.
Council Member Nygaard confirmed with staff that the Regional Transportation
Development Impact Fee of $2,000 per residential unit imposed by Transnet is included in
the proposed fee increases.
In response to an inquiry from Mayor Lewis, Mr. Plantz explained that the City does not
currently have sufficient funding to pick up the shortfalls in the Regional Transportation
Congestion Improvement Program (RTCIP).
Council Member Hall expressed concerns relating to the formula used to determine the fee
increases in Option 2.
Mayor Lewis opened the duly noticed Public Hearing at 7:08 p.m.
Scott Molloy, Public Policy Advocate for the Building Industry Association (BIA), came
forward to address Council. Mr. Molloy expressed concerns relating to the impact the
proposed fee increases may have on businesses due to the current economy.
Referencing a letter dated April 3, 2008 from the BIA (on file in the Office of the City Clerk),
he asked that the Council not approve an increase in fees at this time beyond
implementing the Regional Transportation Development Impact Fee required by Transnet.
Mr. Molloy also suggested that the City consider collecting Developer Impact Fees upon
the close of escrow, rather than at issuance of building permits. In closing, Mr. Molloy
requested that any projects currently in the approval process be "grandfathered" under the
existing fee schedule.
Council Member Packard commented that the proposals by the BIA will not help the City
fund the shortfalls anticipated in the Traffic Impact Fee Program.
Mr. Molloy replied that the BIA anticipates that increasing fees will actually result in a
decrease in revenues to the City since many businesses will be deterred from building in
Carlsbad because of the increased fees.
Seeing no one else wishing to speak, Mayor Lewis closed the public Hearing at 7:21 p.m.
In response to Mayor Pro Tern Kulchin, Mr. Plantz stated that the Traffic Impact Fees have
needed to be adjusted for some time.
Council Members Nygaard and Packard stated that they could support proposed Option 2
for increasing the Traffic Impact Fees.
Council Member Hall stated that he could support proposed Option 1. He stated that he
believes additional information is required to justify the increases being proposed in Option 2.
Mayor Pro Tem Kulchin stated that she could support Option 2.
April 8, 2008 Carlsbad City Council Meeting Page 6
Mayor Lewis stated the he could support Option 2.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. NS-885. amending Title 18, Chapter 18.42 of the
Carlsbad Municipal Code updating the Traffic Impact Fees; and,
Adopted RESOLUTION NO. 2008-102. approving the Traffic Impact
Fee Update Study, dated March 2008 and designating the circulation
improvements to be funded by traffic impact fees; and,
Adopted RESOLUTION NO. 2008-103. revising the credit against the
Traffic Impact Fee imposed by Chapter 18.42 of the Carlsbad
Municipal Code for properties within the boundaries of and subject to,
taxation by Community Facility District No. 1.
AYES: Lewis, Kulchin, Packard and Nygaard.
NOES: Hall.
ABSENT: None.
DEPARTMENTAL AND CITY MANAGER REPORT:
7. AB #19.393 - AMENDMENT TO AGREEMENT.
Special Projects Director Skip Hammann presented the staff report and reviewed a
PowerPoint Presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Nygaard, Mr. Hammann explained that if
Council chooses to have the project buildings re-designed, construction would be delayed.
Council Member Hall confirmed with Mr. Hammann that constructing the buildings as
originally designed will help expedite the construction process.
Mayor Lewis stated that he could not support staffs recommendation because he is not in
favor of constructing a portion of the aquatics component and a portion of the traditional
park components. He stated the he would only support constructing either the aquatics
components or the traditional components of the park.
ACTION: On a motion by Council Member Nyggard, Council concurred to
construct the buildings as proposed, and to only exclude from the
construction the wet play structure, the moving river, and the water
slides.
AYES: Kulchin, Hall, Packard and Nygaard.
NOES: Lewis.
ABSENT: None.
April 8, 2008 Carlsbad City Council Meeting Page 7
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-104. approving Amendment No. 9 to the
agreement with Wimmer, Yamada and Caughey for Alga Norte
Community Park, Project Nos. 3837 and 3925.
AYES: Kulchin, Hall, Packard and Nygaard.
NOES: Lewis.
ABSENT: 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.
ANNOUNCEMENTS:
Assistant City Clerk Karen R. Kundtz announced that Council has been invited and may
attend the following upcoming events:
Wednesday, April 9, 2008 - 9:00 a.m.
Regional Water Quality Control Board Meeting
9174 Sky Park Court, Suite 100
San Diego, California
ADJOURNMENT:
By proper motion, the Regular Meeting of April 8, 2008 was adjourned at 7:52 p.m.
(RE
Assistant City Cler!
Sheila R. Cobian
Deputy City Clerk