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HomeMy WebLinkAbout2008-08-05; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 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: Mayor Lewis gave the Invocation. PLEDGE OF ALLEGIANCE: Council Member Nygaard led the Pledge of Allegiance. APPROVAL OF MINUTES: Council Member Hall abstained from the approval of the July 1, 2008 minutes due to his absence from the meeting. Council Member Packard abstained from the approval of the July 15, 2008 minutes due to his absence from those meetings. On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were approved as presented: Minutes of the Regular Meeting held July 1, 2008 Minutes of the Special Meeting held July 15, 2008 Minutes of the Regular Meeting held July 15, 2008 Minutes of the Joint Special Meeting held July 15, 2008 Minutes of the Special Meeting held July 16, 208 CONSENT CALENDAR: Item Nos. 2 and 7 throughIO were pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1 and #3 through #6 as follows: AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: Hall and Packard on Consent Calendar Item No. 1. ABSENT: None. August 5, 2008 Carlsbad City Council Meeting Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.528 - REVISION AND ESTABLISHMENT OF NEW JOB CLASSIFICATIONS IN THE HOUSING AND REDEVELOPMENT DEPARTMENT AND PUBLIC WORKS DEPARTMENT. Council adopted RESOLUTION NO. 2008-220. authorizing the revision of a job classification in the Housing and Redevelopment Department, establishment of new job classifications in the Public Works Department; and, amending the General Employee Salary Schedule and Local Conflict of Interest Code. (Hall and Packard - No) 2. AB #19.529 - ESTABLISHMENT OF NEW TECHNOLOGY RELATED JOB CLASSIFICATIONS. This item was pulled for discussion. 3. AB #19.530 - REPORT OUT TERMS AND CONDITIONS. Council received the report on the terms and conditions of the settlement agreement in City of Carlsbad v. Time Warner Cable Inc. 4. AB #19.531 -ACCEPTANCE OF DONATION FOR OPPORTUNITY GRANTS PROGRAM. Council adopted RESOLUTION NO. 2008-222. accepting a cash donation from Mr. Mitch Mason, a FIJI Water employee, and appropriating the funds in support of the Opportunity Grants Program. 5. AB #19.532 - WEED ABATEMENT COST ASSESSMENTS. Council adopted RESOLUTION NO. 2008-223. approving the report of the Fire Chief showing the cost of weed abatement against each parcel, confirming the cost, and providing for collection on the regular tax bill. 6. AB #19.533 -AUTHORIZE THE PURCHASE OF SIX REPLACEMENT POLICE PATROL SEDANS. Council adopted RESOLUTION NO. 2008-224. authorizing the purchase of six replacement Police Patrol Sedans. 7. AB #19.534 -AWARD OF CONTRACT. This item was pulled for discussion. 8- AB #19.535 - STREET VACATION. This item was pulled for discussion. 9. AB #19.536 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE TRAFFIC SIGNAL AT POINSETTIA LANE AND BLACK RAIL ROAD. This item was pulled for discussion. 10. AB #19.537 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SENIOR CENTER IMPROVEMENTS. This item was pulled for discussion. August 5, 2008 Carlsbad City Council Meeting Page 3 DISCUSSION OF CONSENT CALENDAR ITEMS: 2. AB #19.529 - ESTABLISHMENT OF NEW TECHNOLOGY RELATED JOB CLASSIFICATIONS. Referencing a memo dated August 4, 2008 to the City Council from Human Resources Manager Cheri Abbott (on file in the Office of the City Clerk), City Attorney Ron Ball explained that staff has revised Attachment A to Resolution No. 2008-221 to reflect an organizational change to the Information Technology Department due to recent staff turnover. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-221. authorizing the establishment of new job classifications in the Information Technology Department and technology related classifications in other departments as amended to reflect the organization change to the Information Technology Department; and, amending the General Employee Salary and Management Salary Schedules and Local Conflict of Interest Code. AYES: Lewis, Kulchin and Nygaard. NOES: Hall and Packard. ABSENT: None. 7. AB #19.534 -AWARD OF CONTRACT. Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support of establishing a Fire Department Master Plan for the City of Carlsbad. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-225. accepting bids and awarding a contract to SOCAL Pacific Construction Corporation for the Vista/Carlsbad Interceptor Sewer Reaches VC13 through VC15 Manhole Rehabilitation, Project No. 3949. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 8. AB #19.535 - STREET VACATION. Michele Levy, Carlsbad, encouraged the City Council to approve a Master Plan for the Carlsbad Fire Department. Council Member Hall stated that he could not vote on this item due to a potential conflict of interest. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-226. summarily vacating a portion of Pine Avenue, STV 08-01. AYES: Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Hall. August 5, 2008 Carlsbad City Council Meeting Page 4 9. AB #19.536 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE TRAFFIC SIGNAL AT POINSETTIA LANE AND BLACK RAIL ROAD. Michele Levy, Carlsbad, stated that the City of Carlsbad is in need of a Fire Department Master Plan and asked that the Council approve a Plan in the near future. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-227. accepting the construction of a traffic signal at Poinsettia Lane and Black Rail Road as complete, and directing the City Clerk to record a Notice of Completion, Project No. 3939-1. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 10.AB #19.537 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SENIOR CENTER IMPROVEMENTS. Michele Levy, Carlsbad, spoke in support of a Fire Department Master Plan and encouraged the citizens of Carlsbad to contact the City Council regarding the development of a Master Plan. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-228. accepting the construction of the Senior Center Improvements as complete, and directing the City Clerk to record a Notice of Completion, Project No. 45001-2. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. In response to a request from Mayor Lewis, Fire Chief Kevin Crawford came forward to address Council. Chief Crawford stated that a report regarding the Fire Department Master Plan is in process and will come before Council soon. ORDINANCE FOR INTRODUCTION: 11. AB #19.538 -AMEND CARLSBAD MUNICIPAL CODE TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-003. amending Title 20, Chapters 20.12 and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2), and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by Senate Bill No. 1185. August 5, 2008 Carlsbad City Council Meeting Page 5 AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ORDINANCE FOR ADOPTION: 12.AB #19.539 - REPEALING AND ADOPTING CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE REGULATING PURCHASING. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. CS-002, repealing Chapter 3.28 regulating Purchasing in its entirety, and adopting Chapter 3.28 regulating Purchasing in the Carlsbad Municipal Code. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. PUBLIC COMMENT: James Lambert, Carlsbad, came forward to address Council. Mr. Lambert encouraged each of the City Council Members to sign a Marriage Proclamation affirming their support for Proposition 8 - "Only marriage between a man and a woman is valid or recognized in Calfornia". Michele Levy, Carlsbad, expressed concerns relating to the usage of the city-owned Farmers Insurance Building. Ms. Levy suggested that if the building is not going to be used, that perhaps it should be sold so that the money made from the sale can be used towards other projects such as the construction of a park, a community building or a pool. Sue Loftin, Carlsbad, came forward to address Council on behalf of the residents of Lanakai Lane. Ms. Loftin explained that the residents of Lanakai Lane entered into a contract with South Shores to purchase the lease hold interests and improvements. She further explained that escrow has closed and the residents are looking forward to the negotiations to obtain the land. PUBLIC HEARING: 13. AB #19.540-DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. City Attorney Ron Ball explained that the Public Hearing tonight is to certify the Environmental Impact Report and for approval of any related development fees. He further explained that there are no Capital Improvement Programs or Construction Programs for Council consideration as part of the Public Hearing this evening. August 5, 2008 Carlsbad City Council Meeting Page 6 Deputy City Engineer David Mauser, Associate Engineer Steve Jantz and Senior Planner Scott Donnell presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Jantz gave an overview of the Carlsbad Drainage Master Plan, the Master Drainage Plan Projects, Project Costs and the Financing Program. In response to an inquiry from Council Member Nygaard, Mr. Jantz confirmed that re- developed land was factored into the Master Plan with the assumption that 10% of the property included in the Plan would be re-developed. Mr. Jantz further explained that if a project had previously paid the Drainage Fee, the fee would not be collected again unless a project footprint increases by 50% or more when re-developed. Council Member Nygaard confirmed with staff that the increases to the Drainage Fee are resulting from an increase in construction costs. Mr. Jantz commented that the Consumer Price Index used for fee increases has not kept up with the costs associated with the Planned Local Drainage Area Fee Structure. In response to Council Member Hall, Mr. Jantz explained that in the past developers requested that their projects be conditioned to construct the drainage needs for the area rather than paying a Drainage Fee. Mayor Pro Tern Kulchin confirmed with staff that future Drainage Master Plan projects would undergo detailed design analysis to ensure that there is a need for the previously approved drainage plan. In response to Mayor Lewis, City Attorney Ron Ball explained that if the City constructs drainage improvements that could have been built by a developer in the future, the City may find it difficult to collect for the costs of the improvements unless an agreement is entered into between the City and the developer. Deputy City Engineer David Mauser gave a detailed overview of the Rancho Carlsbad Flood Control Program and the Agua Hedionda and Calavera Creek Dredge and Improvement Project. In response to Council Member Packard, Mr. Mauser confirmed that adoption of the Drainage Master Plan will allow maintenance of the channels on a regular basis. In response to Council Member Nygaard, Mr. Mauser explained that dredging of the creeks can begin once the City's applications have been approved by the Resource agencies. He further explained that once the applications are approved, staff anticipates to be able to begin dredging sometime next year. In response to Mayor Lewis, Mr. Mauser explained that once complete, the Calavera Dam will will function the same as Basin BJ; however the dam will be operated manually. Mayor Lewis asked when staff anticipates completion of the dam. August 5, 2008 Carlsbad City Council Meeting Page 7 Mr. Mauser replied that the dam will be completed sometime within the month of August. In response to Council Member Hall, Mr. Mauser explained that the numbers used to determine the fee for the required basins were obtained by reviewing the specific project scope, determining the need and then applying current costs. Senior Planner Scott Donnell gave an overview of the Environmental Impact Report associated with the proposed Drainage Master Plan. Referencing a memo from the Planning Director to the City Council dated August 5, 2008 (on file in the Office of the City Clerk), Mr. Donnell explained that staff is recommending a supplement to Exhibit 2 of Resolution No. 2008-229 to provide clarification and amplification as allowed by CEQA Guidelines 15088.5(b). The recommended revisions are as follows: 1. In the Executive Summary Section: a. In Table S-2 Summary of Project Level Environmental Impacts, Mitigation Measures, and Residual Impacts, note the less than significant impacts that result from application of mitigation measures for biological impacts. b. In Section S.8, Alternatives Summary, ensure consistency with Chapter 7.0, Alternatives. 2. In Table 3-6 of Chapter 3.0, Project Description, add clarification that protection of wildlife movement corridors will be addressed for Drainage Master Plan components within or adjacent to HMP Hardline Preserve areas. 3. In Chapter 7.0, Alternatives, ensure consistency between a text and table regarding comparison of impacts for project level components. In conclusion, Mr. Donnell reviewed the following staff recommended actions for Council consideration: • Introduce Municipal Code Amendments Titles 51 and 21 • Certify the Environmental Impact Report • Findings of Fact and Mitigation Monitoring and Reporting Program • Approve Local Coastal Program Amendments • Approve the Carlsbad Drainage Master Plan • Approve revised Planned Local Drainage Area Fee Structure RECESS: Mayor Lewis declared a recess at 7:36 p.m. Council reconvened at 7:43 p.m., with five members present. Mayor Lewis opened the duly noticed Public Hearing at 7:43 p.m. and asked if anyone would like to speak. August 5, 2008 Carlsbad City Council Meeting Page 8 The following members of the Rancho Carlsbad Owners' Association presented a PowerPoint Presentation (on file in the Office of the City Clerk): • Barbara Bevis, President of Rancho Carlsbad Owners' Association • Russ Kohl, Past President and Resident of Rancho Carlsbad Owners' Association • Bill Arnold, Past President and Resident of Rancho Carlsbad Owners' Association Ms. Bevis stated that BJ Basin is necessary for the health and safety of the Rancho Carlsbad residents and encouraged Council to fund and build the basin. Mr. Kohl reviewed the chronology of BJ Basin and inclusion in the Master Drainage Plan. He explained that BJ Basin is a key public facility detention basin in Carlsbad's Drainage Master Plan and is the final of four detention basins that control flooding at Rancho Carlsbad. He also explained that the construction of BJ Basin will require eight acres of land owned by Rancho Carlsbad and will displace the 60-space RV Parking, community garden and maintenance facility that currently resides on the eight acres. Mr. Kohl read from a letter dated December 2001 from Deputy City Engineer David Hauserto Sue Loftin relating to the funding of the relocation expenses once BJ Basin is constructed. In response to a request from Council Member Kulchin, Mr. Kohl provided the Council with a copy of the December 2001 letter from Deputy City Engineer Hauser (on file in the Office of the City Clerk). Mr. Arnold displayed photographs of various areas subject to flooding within the Rancho Carlsbad neighborhood and requested that the Council confirm that BJ Basin will be included in the proposed Master Drainage Plan. Sue Loftin, of the Loftin Firm, representing the Rancho Carlsbad Owners' Association concluded the presentation by requesting that the Council take the following actions: • Submit Finding that BJ Basin is required to protect the health and safety of the public. • Submit Finding that BJ Basin must be constructed whether or not College Boulevard is ever built. • Include an Errata to Resolution 2008-230 to include above Findings, and financing of the purchase of Rancho Carlsbad Owners' Association land, and the demolition and reconstruction of the amenities located thereon. • Continue the Drainage Master Plan and Fee Structure to consider above actions. Ms. Loftin also submitted a letter to Council dated August 5, 2008 (on file in the Office of the City Clerk) outlining the concerns of the Rancho Carlsbad Owners' Association. David Bentley, Carlsbad, came forward to address Council. Mr. Bentley submitted a letter to Council dated August 5, 2008 (on file in the Office of the City Clerk) requesting that the Council not approve the proposed Drainage Master Plan and Planned Local Drainage Fee revisions without first amending the plan to address the concerns relating to the construction of BJ Basin. August 5, 2008 Carlsbad City Council Meeting Page 9 Mr. Bentley also expressed concerns relating to the various costs associated with conditions of approval that are placed on developments. In response to an inquiry from Mayor Lewis, Mr. Bentley explained that costs associated with the Drainage Master Plan such as construction of the College Boulevard bridge over Agua Hedionda Creek will impact his project. Jay Taranton, San Diego, Director of Development for Westfield Plaza Camino Real came forward to address Council. Mr. Taranton submitted a letter dated August 5, 2008 to Council (on file in the Office of the City Clerk), requesting that Council continue the item to take into consideration possible flaws within the Fee Structure. Diane Nygaard, Oceanside, representing Preserve Carlsbad came forward to address Council. Ms. Nygaard provided a letter to Council dated August 5, 2008 (on file in the Office of the City Clerk) expressing concerns related to the potential negative impacts the proposed Master Drainage Plan may have on the environment, including Carlsbad's watersheds and wildlife. Isabelle Kay, Manager of the Dawson Los Manos Canyon Reserve, came forward to address Council. Ms. Kay explained that some of the sediment that impacts Rancho Carlsbad comes from the Dawson Los Manos Canyon Reserve located up stream of the Agua Hedionda Creek. She further explained that recent changes implemented by the State Water Resources Control Board should now help to mitigate the sediment flowing to the Rancho Carlsbad community. Ms. Kay also spoke in support of establishing mitigation measures relating to the proposed Drainage Master Plan prior to implementing the Plan in an effort to reduce impacts to the local watershed and wildlife corridors. Scott Molloy, San Diego, came forward to address Council on behalf of the Building Industry Association of San Diego County. Mr. Molloy gave a brief presentation (not on file in the Office of the City Clerk) and expressed concerns relating to the proposed Drainage Fee increases. He explained that due to current economic conditions, increasing fees may delay or make development infeasible in Carlsbad. Mr. Molloy also voiced concerns relating to the proposed drainage study and fee methodology used to calculate the drainage fees. He stated that the methodology did not account for recent Storm Water Regulations that require new development projects to meet Low Impact Development (LID) requirements for storm water runoff. He further explained that the drainage study should incorporate the new storm water regulations into the methodology to determine the actual volume of runoff for future development areas. In closing, Mr. Molloy urged the Council to reconsider the proposed fee increases. Bob Wojcik of Hofman Planning and Engineering, Carlsbad, came forward to address Council. Mr. Wojcik also expressed concerns relating to the proposed Drainage Fee increases. He suggested that wording be added to Ordinance No. CS-004 specifying that redevelopment projects such as the Westfield Plaza Camino Real, that do not increase their impervious area, to be exempt from paying the proposed Drainage Fee. August 5, 2008 Carlsbad City Council Meeting Page 10 Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 8:34 p.m. In response to an inquiry from Council Member Packard, Mr. Mauser explained that a redevelopment project would not be subject to the Drainage Fee unless the footprint area of the project is increased by more than 50%. In response to Council Member Nygaard, Mr. Mauser explained that the Low Impact Development (LID) requirements have been in place for some time and that staff does not feel that they will affect the proposed flood control program. Mayor Lewis suggested that the items before Council be approved; however would like to hold workshops to address the issues brought forward throughout the Public Hearing. Mayor Lewis made a motion to introduce Ordinance No. CS-004, amending Carlsbad Municipal Code, Title 15, Chapter 15.08 updating the Planned Local Drainage Area Fee Program, MCA 07-01. Mayor Pro Tem Kulchin seconded the motion; however, asked Deputy City Manager what impact continuing the item for 30 days would have on the City. Deputy City Manager Jim Elliott replied that the fees would go into effect 60 days following adoption of the Ordinance. He further explained that continuing the item may lengthen the time period where there is an uncertainty relating to the fees. City Attorney Ron Ball stated that Ordinance No. CS-004 contained a typographical error relating to the effective date of the Ordinance. He stated that the Ordinance would be effective 60 days after adoption rather than 30 days after adoption as reflected in the Ordinance. Council Member Hall commented that he would like additional time to review the information presented to Council. Council Member Packard also stated that he would like additional time to review the presented information. Council Member Nygaard stated that although she would like to hold off on introducing the Ordinances, she would like to move forward with adoption of Resolution No. 2008-229 approving the Environmental Impact Report. Mayor Pro Tem Kulchin withdrew her second of the motion by Mayor Lewis introducing Ordinance No. CS-004. In response to an inquiry from City Attorney Ron Ball, Mr. Donnell explained that the Environmental Impact Report could be certified even though a project was not being approved at this same time. He further explained that the California Environmental Quality Act (CEQA) allows for certification up to six months prior to a project obtaining approval. August 5, 2008 ACTION: Carlsbad City Council Meeting Page 11 AYES: NOES: ABSENT: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-229. certifying a Final Environmental Impact Report (EIR 04- 02) and adopting the Candidate Findings of Fact and the Mitigation and Monitoring Reporting Program for the proposed City of Carlsbad Drainage Master Plan Update and the Calavera and Agua Hedionda Creeks project and approving changes to Local Coastal Program policies regarding the Drainage Master Plan, Model Erosion Control Ordinance and Model Grading Ordinance (LCPA 07-06) as amended to include the following language clarification: In the Executive Summary Section: a. In Table S-2 Summary of Project Level Environmental Impacts, Mitigation Measures, and Residual Impacts, note the less than significant impacts that result from application of mitigation measures for biological impacts. b. In Section S.8, Alternatives Summary, ensure consistency with Chapter 7.0, Alternatives. In Table 3-6 of Chapter 3.0, Project Description, add clarification that protection of wildlife movement corridors will be addressed for Drainage Master Plan components within or adjacent to HMP Hardline Preserve areas. In Chapter 7.0, Alternatives, ensure consistency between a text and table regarding comparison of impacts for project level components. Lewis, Kulchin, Hall, Packard and Nygaard. None. None. Mayor Lewis requested that staff provide Council with the improvement requirements of Mr. Bentley's proposed project. Mayor Pro Tern Kulchin requested that staff provide copies of the letters referenced in the presentation by the Rancho Carlsbad Owner's Association to the City Council. ACTION: On a motion by Mayor Pro Tern Kulchin, Council concurred to continue ORDINANCE NO. CS-004. ORDINANCE NO. CS-005 AND RESOLUTION NO. 2008-230 to the Regular City Council Meeting of September 9, 2008. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. Augusts, 2008 Carlsbad City Council Meeting Page 12 ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 8:59 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 9:10 p.m. with all 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 August 5, 2008 was adjourned at 9:16 p.m. LORRAINE City^Cle Sheila R. Cobian Deputy City Clerk