HomeMy WebLinkAbout2008-05-06; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 6, 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:
Mayor Lewis gave the Legislative Invocation.
PLEDGE OF ALLEGIANCE:
Boy Scout Troop 776 led the Pledge of Allegiance.
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 Special Meeting held April 8, 2008.
Minutes of the Regular Meeting held April 8, 2008.
Minutes of the Regular Meeting held April 15, 2008.
PRESENTATIONS:
Karen Fleming of the Women's Resource Center came forward to address Council. Ms.
Fleming gave a brief presentation (not on file in the Office of the City Clerk) regarding the
organization's English and Spanish websites and the services offered by the Center.
Ms. Fleming explained that the public can obtain additional information by visiting
www.womensresourcecenter.org.
Mayor Lewis presented a Proclamation to Police Chief Tom Zoll in recognition of Peace
Officer Memorial Day, May 7, 2008.
CONSENT CALENDAR:
Item Nos. 3 and 4 were pulled for discussion.
May 6, 2008 Carlsbad City Council Meeting Page 2
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of
the Consent Calendar, Items #1, #2 and #5 through #8 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.
1. AB #19.419 - ACCEPTANCE OF DEPARTMENT OF JUSTICE BYRNE REGIONAL
GRANT FOR GANG ENFORCEMENT.
Council adopted RESOLUTION NO. 2008-124. approving the U.S. Department of
Justice Fiscal Year 2007 Edward Byrne Memorial Discretionary Grant through the
San Diego County Sheriff's Department, and appropriating funds to conduct joint
anti-gang suppression operations in North County.
2. AB #19.420 - GENERAL PLAN IMPLEMENTATION STATUS AND ANNUAL
HOUSING PRODUCTION REPORTS.
Council adopted RESOLUTION NO. 2008-125. accepting the General Plan
Implementation Status Report and the Annual Housing Production Report for
January through December 2007.
3. AB #19.421 -APPROPRIATION OF FUNDS FOR TRAFFIC SIGNAL.
This item was pulled for discussion.
4. AB #19.422 - FIRST AMENDMENT TO THE GENERAL PLAN IN 2008. BRESSI
RANCH MEDICAL PLAZA.
This item was pulled for discussion.
5. AB #19.423-AUTHORIZATION TO PURCHASE REPLACEMENT VEHICLE.
Council adopted RESOLUTION NO. 2008-128. authorizing the purchase of an aerial
high-lift boom truck from Altec Industries, Inc., through the California Multiple Award
Schedule, to replace Unit No. P654.
6. AB #19.424 - REFUND OF BUSINESS LICENSE TAX.
Council adopted RESOLUTION NO. 2008-129. authorizing a refund to Accor North
America - Motel 6 #471 for a duplicate payment of business license tax.
7. AB #19.425 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2008-130. approving the plans and
specification for the Vista/Carlsbad Interceptor Sewer, Reaches VC13-VC15
Manhole Rehabilitation and authorizing the City Clerk to advertise for bids, Project
No. 3949.
May 6, 2008 Carlsbad City Council Meeting Page 3
8. AB #19.426 - APPROVE PURCHASE OF CLOSED CIRCUIT TELEVISION SEWER
INSPECTION VAN.
Council adopted RESOLUTION NO. 2008-131. authorizing the purchase of a
Closed Circuit Television Sewer Inspection Van from Cues West, Inc.
DISCUSSION OF CONSENT CALENDAR ITEMS:
3. AB #19.421 -APPROPRIATION OF FUNDS FOR TRAFFIC SIGNAL.
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. 2008-126. authorizing the appropriation of funds
for the construction of the Faraday Avenue and Rutherford Road
Traffic Signal, Project No. 6312-1.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
4. AB #19.422 - FIRST AMENDMENT TO THE GENERAL PLAN IN 2008. BRESSI
RANCH MEDICAL PLAZA.
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy requested that the
City Council develop a Fire Department Master Plan to ensure the safety of Carlsbad
citizens.
Mike Howes of Howes, Weiler and Associates, spoke in support of the proposed
amendment to the Land Use Element of the General Plan.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-127. approving the first amendment to the
Land Use Element of the General Plan in 2008, consisting of a project
known as Bressi Ranch Medical Plaza, GPA 07-07.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCE FOR INTRODUCTION:
9. AB #19.427 - SENATE BILL #343 - PUBLIC DISCLOSURE OF WRITTEN AGENDA
RELATED DOCUMENTS PROVIDED TO CITY COUNCIL FOLLOWING AGENDA
DISTRIBUTION.
City Attorney Ron Ball titled the Ordinance.
May 6, 2008
ACTION:
Carlsbad City Council Meeting Page 4
AYES:
NOES:
ABSENT:
On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. NS-887. amending Section 1.20.060 of the
Carlsbad Municipal Code to comply with California Senate Bill 343,
requiring that all items received by the City Clerk after the distribution
of the Agenda packet be made available to the public at the time they
are distributed to the City Council.
Lewis, Kulchin, Hall, Packard and Nygaard.
None.
None.
10. AB #19.428 - REVISE PRIMA FACIE SPEED LIMIT ON A PORTION OF SOUTHBOUND
CARLSBAD BOULEVARD.
City Attorney Ron Ball titled the Ordinance.
In response to an inquiry from Council Member Packard, City Engineer Bob Johnson
explained that once the construction of the bridge on Carlsbad Boulevard is complete, staff
will return to Council with an Ordinance to restore the speed limit to the original prima facie
speed limit of 50 miles per hour.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. NS-888. amending Title 10, Chapter 10.44 of the
Carlsbad Municipal Code by amending Section 10.44.030, to revise
the existing 50 mile per hour prima facie speed limit upon a portion of
Southbound Carlsbad Boulevard to establish a 35 mile per hour prima
facie speed limit from a point 1,400 feet south of the southerly
boundary of the right-of-way of Manzano Drive to Island Way.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
11. AB #19.433 - TRAFFIC IMPACT FEE MODIFICATION.
Senior Civil Engineer Marshall Plantz and Public Works Director Glenn Pruim presented
the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City
Clerk).
Mr. Plantz explained that the proposed Ordinance for Council consideration will reduce the
Traffic Impact Fee for Industrial and Commercial Development by applying the same
percentage increase to the Traffic Impact Fee as the percentage applied to Residential
Development for a one year period starting June 30, 2008. He further explained that the
Ordinance contains a "grandfathering" clause which will allow applicants who had
submitted a building permit application prior to April 8, 2008 and that receive a building
permit prior to September 30, 2008 to pay the current Traffic Impact Fee.
Council Member Nygaard confirmed with staff that a sub-committee will be formed within
the next year to review the future projects included in the Traffic Impact Fee Program.
May 6, 2008 Carlsbad City Council Meeting Page 5
In response to an inquiry from Council Member Hall, Mr. Plantz explained that staff
recommended using the application for a building permit rather than a grading permit as
the triggering point for "grandfathering" projects under the current Traffic Impact Fee
Program. He further explained that by using the application for a building permit rather
than a grading permit as a triggering point for the "grandfathering" clause allows staff to
accurately determine the potential impacts of the proposed projects.
Scott Molloy, Public Policy Advocate for the Building Industry Association (BIA), came
forward to address Council. Mr. Molloy gave a brief PowerPoint Presentation (on file in the
Office of the City Clerk) and recommended that Council amend the proposed Ordinance to
establish a pre-payment option for entitled project.
Mr. Molloy also spoke in support of establishing a sub-committee to review the proposed
roads and improvements that are currently included in the Traffic Impact Fee Program.
Lou Storrow, Carlsbad, came forward to address Council on behalf of the Chamber of
Commerce. Mr. Storrow expressed concerns relating to the impact increased fees will
have on projects currently in the planning stages and that have already been submitted for
approval.
Jerry Livingston, San Diego, of Allen Matkins Leek Gamble Mallory & Natsis LLP, came
forward to address Council. Mr. Livingston expressed concerns relating to increasing the
Traffic Impact Fees on commercial and industrial development. He explained that the
Transnet Ordinance requires that only residential fees be subject to increased fees. He
suggested that the fee increases to commercial and industrial development be bifurcated
until the Council has had time to look at the fees through the formation of a sub-committee.
In closing, Mr. Livingston stated that the timing of the fee increases is unfortunate due to
the current economic conditions.
Jay Taranton, San Diego, representing Westfield, came forward to address Council. Mr.
Taranton spoke in support of the Building Industry Association's recommendations and
asked that the Council form a committee to carefully study the future projects included in
the Traffic Impact Fee Program.
In response to an inquiry from Council Member Nygaard, Mr. Pruim explained that if the
results of the committee review of the fees indicate that a lower Traffic Impact Fee is
appropriate, staff can return to Council with an Ordinance reducing the fee.
Council Member Packard confirmed that if the sub-committee determines that some roads
should be removed from the Traffic Impact Fee Program, the Fee would be adjusted
accordingly.
In response to City Attorney Ron Ball, Mr. Plantz explained that the Traffic Analysis
performed by staff identified impacts to various intersections and deficiencies around the
City that would result from future development. He further explained that staff then
identified what improvements would be needed as a result of the anticipated development.
May 6, 2008 Carlsbad City Council Meeting Page 6
In closing, he stated that the projected cost of the improvements were spread out over the
anticipated Average Daily Trips (ADT's) that would be generated by future development.
Mr. Ball stated that Council received a letter dated May 6, 2008 from Robin Munro and
Gerald Livingston of Allen Matkins (on file in the Office of the City Clerk) expressing
concerns relating to the noticing of the initial Traffic Impact Fee Program Public Hearing.
Mr. Ball also stated that a memo from the Assistant City Clerk to the City Attorney dated
April 29, 2008 (also on file in the Office of the City Clerk) contains a detailed chronology of
the Public Hearing noticing that occurred regarding the Traffic Impact Fee Program.
Council Member Packard suggested amending the Ordinance so that the initial trigger
point for the "grandfathering" of projects would be that an application for a grading permit
rather than a building permit was received prior to April 8, 2008.
ACTION: On a motion by Council Member Nygaard, Council introduced
ORDINANCE NO. NS-890. amending Title 18, Chapter 18.42 of the
Carlsbad Municipal Code by reducing the Traffic Impact Fee of
Commercial and Industrial Development for a period of one year,
beginning July 1, 2008 through June 30, 2009; and,
Amended the Ordinance as follows: "commercial or industrial projects
that have a grading permit application on file prior to April 8, 2008 and
have obtained a building permit prior to September 30, 2008 shall pay
a traffic impact fee of forty-six ($46) for each average daily trip
generated by a commercial or industrial project.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
None.
RECESS:
Mayor Lewis declared a recess at 7:26 p.m. Council reconvened at 7:31 p.m., with five
members present.
Council concurred to hear Departmental Report Item #16 at this time.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15.AB #19.434 - TOBACCO CONTROL FOR CITY PARKS AND BEACHES.
Management Analyst Judi Vincent presented the staff report. Ms. Vincent explained that
several cities in San Diego County have implemented smoking bans in local parks and
beaches and that Carlsbad's Parks and Recreation Commission is recommending the
adoption of a similar Ordinance for Carlsbad.
May 6, 2008 Carlsbad City Council Meeting Page 7
In response to an inquiry from Council Member Packard, Ms. Vincent stated that the
Commission did not include trails in their recommendation.
In response to Council, City Attorney Ron Ball stated that although the beaches are owned
by the State, the City of Carlsbad has jurisdiction in matters relating to enforcement of local
Ordinances.
Police Chief Tom Zoll explained that enforcement of a tobacco control ordinance would be
handled on a citizen complaint basis.
Joe Kellejian, Mayor of Solana Beach, came forward to address Council. Mayor Kellejian
explained that Solana Beach was the first City in San Diego to prohibit smoking on their
beaches. He further explained that cigarettes are the number one source of litter on
beaches. In closing, he spoke in support of the Carlsbad City Council adopting an
ordinance to ban smoking on Carlsbad beaches.
Judi Strang, representing the North Coastal Council PTA, spoke in support of adoption of a
tobacco control ordinance for Carlsbad's parks and beaches.
Gena Knutson, representing the Vista Community Clinic, expressed concerns relating to
the affects of second hand smoke inhalation. Ms. Knutson also spoke in support of the
adoption of a tobacco control ordinance.
Molly Bowman-Styles, of the American Lung Association, spoke in support of establishing
a tobacco control ordinance for Carlsbad's parks and beaches.
Candice Porter of the San Dieguito Alliance came forward to address Council. Ms. Porter
also spoke in support of establishing a tobacco control ordinance.
Michael Caraglio, Carlsbad, thanked Council for considering adoption of an ordinance to
prohibit smoking in Carlsbad's parks and beaches.
Erica Leary of North Coastal Prevention Coalition spoke in support of a tobacco control
ordinance in Carlsbad.
Council discussion ensued regarding their support for adoption of a Tobacco Control
Ordinance.
Council directed staff to return to Council with an Ordinance to prohibit smoking in
Carlsbad parks and beaches.
PUBLIC HEARING:
12.AB #19.429 - CALIFORNIA COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO THE LOCAL COASTAL PROGRAM AMENDMENT 04-17.
Senior Planner Jennifer Jesser presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
May 6, 2008 Carlsbad City Council Meeting Page 8
Ms. Jesser explained that staff had received concerns from the Building Industry
Association (BIA) relating to the suggested modifications; however, explained that the
requested modifications do not conflict with Carlsbad Policy.
Mayor Lewis opened the duly noticed Public Hearing at 8:04 p.m. and asked if anyone
would like to speak.
Scott Molloy, Public Policy Advocate for the Building Industry Association (BIA), came
forward to address Council. Mr. Molloy expressed concerns relating to the Coastal
Commission's suggested modifications. He explained that the BIA feels that the
modifications are not necessary and that the language modifications may restrict a
developers' ability to receive density bonus.
Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 8:07 p.m.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. NS-889. amending Sections of Chapters 21.85 and
21.86 of the Carlsbad Municipal Code, thereby accepting and
administering the California Coastal Commission's suggested
modifications to the Local Coastal Program Amendment 04-17
(Density Bonus Amendment).
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY
COUNCIL AND MUNICIPAL WATER DISTRICT.
Mayor Lewis adjourned to the Joint Special Meeting of the Carlsbad City Council and Municipal
Water District at 8:11 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Joint Special Meeting of the Carlsbad City Council and
Municipal Water District and reconvened the City Council Meeting at 8:12 p.m. with all five
Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
16. AB #19.432 - REQUEST FOR IN KIND SERVICE ASSISTANCE FROM IN MOTION.
INC.
Leisha Battles and Ellen Larson of In Motion, Inc. came forward to address Council. Ms.
Battles and Ms. Larson requested that the Council approve In Motion Inc.'s request for "in-
May 6, 2008 Carlsbad City Council Meeting Page 9
kind" service assistance for the 2009 Carlsbad Marathon in the form of a Traffic Control
Plan.
In response to an inquiry from Mayor Lewis, City Manager Lisa Hildabrand explained that
"in-kind" service assistance for a Traffic Control Plan would be funded from the Council's
Contingency account.
Council Member Nygaard stated that she could support the request; however, would like to
have staff look at the policy for supporting "for-profit" groups.
In response to an inquiry from Council Member Hall, Ms. Battles stated that In Motion, Inc.
partners with a number of local charities to facilitate fundraising activities.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2008-134. appropriating funds in the amount of
$2,000 for "in-kind" service assistance to In Motion, Inc. for the 2009
Carlsbad Marathon.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
17.AB #19.434 - TOBACCO CONTROL FOR CITY PARKS AND BEACHES.
This item was taken out of order and considered following Public Comment.
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:
City Clerk Lorraine M. Wood announced that Council has been invited and may attend the
following upcoming events:
Thursday, May 8, 2008 - 8:00 a.m.
California Coastal Commission Meeting
Marina Del Rey Hotel
13534 Bali Way
Marina Del Rey, California
May 6, 2008 Carlsbad City Council Meeting Page 10
ADJOURNMENT:
By proper motion, the Regular Meeting of May 6, 2008 was adjourned at 8:19 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Sheila R. Cobian
Deputy City Clerk