HomeMy WebLinkAbout2009-04-21; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 21, 2009
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 Blackburn.
Absent: None.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the Legislative Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the Pledge of Allegiance.
PRESENTATIONS:
Council Member Hall presented a Proclamation to Parks and Recreation Director Brian
Albright in recognition of National Arbor Week.
Mr. Albright invited the Council and the citizens of Carlsbad to participate in the "Beautify
the Grove" event scheduled for Saturday, April 25, 2009 at Hosp Grove from 8:30 a.m. to
11:00 a.m.
Mayor Pro Tem Kulchin presented a Proclamation to Volunteer Coordinator Sue Irey and
Emergency Preparedness Coordinator David Harrison in recognition of National Volunteer
Recognition Week.
Ms. Irey and Mr. Harrison introduced the City's CERT (Community Emergency Response
Team) volunteers.
Council Member Blackburn presented a Proclamation to Betsy Sellers of the Lifesharing
Donor Organization Group in recognition of DMV/Donate Life California Month.
Fire Battalion Chief Ed Sprague came forward to address Council. Mr. Sprague shared
with the Council instances where participants in the DMV/Donate Life Program have saved
the lives of Carlsbad residents.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Item Nos. 1 through 4 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
April 21, 2009 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 #19.773 -ACCEPTANCE OF DONATIONS.
Council adopted RESOLUTION NO. 2009-074. accepting donations of product and
in-kind services in support of 2009 Teen Scene: Battle of the Bands special event.
2. AB #19.774 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2009-075. accepting a donation of in-kind
volunteer hours and contributions from the California Coastal Rose Society at
Magee Park during calendar year 2008.
3. AB #19.775 -APPROVE MODIFICATIONS TO THE CITY INVESTMENT POLICY.
Council adopted RESOLUTION NO. 2009-076. approving the City Investment
Policy dated April 21, 2009.
4. AB #19.776 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-077. accepting the construction of the
traffic signal at Calle Barcelona and Paseo Avellano as complete; and, directing
the City Clerk to record a Notice of Completion, Project No. 6306.
ORDINANCE FOR INTRODUCTION:
5. AB #19.777 -AMEND CARLSBAD MUNICIPAL CODE REGARDING PAWNBROKERS.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-027. amending Section 5.08.120
(Pawnbrokers) of the Carlsbad Municipal Code requiring pawn
businesses to obtain a pawnbrokers license from the Chief of
Police and repealing the requirement for a written permit from City
Council.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Diane Nygaard, Oceanside, came forward to address Council. Ms. Nygaard
encouraged Council to work with the new owner of the Village H property to ensure the
citizens of Carlsbad have access to the trails on the property.
Community Development Director Sandra Holder came forward to address Council.
Ms. Holder explained that staff is working with the property owner to obtain an
easement allowing citizens to have access to the trails on the Village H property.
Council Member Packard commented that citizens can obtain additional information
regarding the Village H property by visiting the city's website at www.carlsbadca.gov.
April 21, 2009 Carlsbad City Council Meeting Page 3
PUBLIC HEARING:
6. AB #19.778 - WEED ABATEMENT.
Fire Prevention Officer Monty Kalin presented the staff report. He explained that if
Council adopts the proposed Resolution, abatement action will begin on May 15, 2009.
Mayor Lewis opened the duly noticed Public Hearing at 6:39 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:39 p.m.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2009-078. directing the Fire Chief to abate
nuisances by having weeds, rubbish and refuse removed from
identified parcels.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
DEPARTMENTAL AND CITY MANAGER REPORTS:
7. AB #19.779 - PRESENTATION OF ECONOMIC OVERVIEW.
Finance Director Lisa Irvine, Economic Development and Real Estate Manager Cynthia
Haas and Assistant Finance Director Kevin Branca presented the staff report and
reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Ms. Haas gave an overview of the escalating unemployment rate and increased home
foreclosures in the San Diego region.
Mr. Branca reviewed the impacts the current economic conditions are having on the
following city revenue sources:
• Property Tax
• Sales Tax
• Transient Occupancy Tax (TOT)
He also explained that development related revenues have decreased throughout
Fiscal Year 08/09.
Ms. Irvine reviewed the 10 year budget forecast prepared by staff. She stated that
economists are projecting that the current economic recession will continue for three
years and begin a slow recovery in 2012. Ms. Irvine explained that delaying or
deferring new City facilities will assist with maintaining a balanced 10-year budget
forecast.
In closing, Ms. Irvine noted that the City recently received a AAA credit rating from
Standard and Poor, which is the highest possible credit rating for a municipality.
In response to an inquiry from Mayor Pro Tem Kulchin, Ms. Irvine explained that
Standard and Poor typically evaluates a municipalities' credit rating every three to five
years.
April 21, 2009 Carlsbad City Council Meeting Page 4
In response to Mayor Lewis, Ms. Irvine explained that if the State of California chooses
to borrow money from the City of Carlsbad, they could borrow approximately 8% of the
City's property taxes which would equate to about $4 million.
Council Member Blackburn confirmed with Ms. Irvine that any funds that the State of
California borrows from the City must be paid back within three years and that the State
can only borrow two times within a ten year period.
Council expressed their appreciation for staffs presentation.
8. AB #19.780 - ALGA NORTE COMMUNITY PARK AND AQUATIC CENTER
OPERATING AND CONSTRUCTION OPTIONS.
Special Projects Director Skip Hammann, Recreation Director Brian Albright and
Finance Director Lisa Irvine presented the staff report and reviewed a PowerPoint
presentation (on file in the Office of the City Clerk).
Mr. Hammann reviewed the following construction options for Council consideration:
1. Continue hold on project
2. Build project as currently designed - Phase 1 (Community Park and Aquatic Center)
3. Rough grade site for future development
4. Grade and build project with only Aquatic Center
5. Grade and build entire project without Aquatic Center
Mr. Albright reviewed the following operation options for Council consideration:
1. City operate
2. Lease/Management Contract
3. Ground Lease
4. Public Private Partnership/Design-Build
Ms. Irvine gave an overview of the City's 10-year budget forecast. She explained that
although funding for construction of the project has been allocated, funding for the $1.2
million maintenance and operations expenses has not yet been identified. In
conclusion, she explained that based on the 10-year forecast and the uncertainty in the
current economy, staff is recommending that Alga Norte Park construction be delayed
for two years allowing for the impact of the operating costs in Fiscal Year 2013-2014.
In response to an inquiry from Mayor Pro Tem Kulchin, Ms. Irvine explained that the
City currently has approximately $46 million in general fund reserves and $30 to $35
million in replacement fund reserves.
Council Member Blackburn confirmed with Ms. Irvine that according to the budget
projections, the operating and maintenance costs for the park can be funded beginning
in 2014.
Council Member Blackburn commented that based on lower than anticipated
construction costs, approximately $10.6 million will be left over if the park is constructed
during the current economic conditions. He suggested that the surplus $10.6 million be
set aside to fund the operation and maintenance costs until 2014, the projected year
when the general fund could absorb the costs.
In response to Council Member Packard, Mr. Hammann explained that rough grading
the site will take a year to a year and a half.
April 21, 2009 Carlsbad City Council Meeting Page 5
In response to Council, Mr. Albright confirmed that if the Council chose to contract with
an outside agency to run the aquatics portion of the park, the same agency could be
contracted to run the ball field amenities.
In response to an inquiry from Mayor Lewis, Ms. Irvine confirmed that although
construction funds have been set aside for Alga Norte Park and the Police and Fire
Training facility, the budget forecast does not support operating both facilities until
2014.
In response to Mayor Pro Tern Kulchin, Mr. Hammann explained that if staff were given
the permission to move forward with Alga Norte Park immediately, the project would
take approximately 2 !4 to 3 years to complete.
The following individuals spoke in support of moving forward with construction of Alga
Norte Park:
• Phil Urbina, President of La Costa Youth Organization
• Walt Meier
• Evan Rodgers
• Thomas K. Arnold
• Lisa Rodman
• Leonard Ortiz
• Preston Rodman
• Dillon Larson
• Tal Haslam
• Laurie Batter
• Mike Thomas
• Greg Herman
• JB Feaster
• Shaun Robinson
• Robert Wrey
• Rick Fisher, Carlsbad Firefighters Association President
• Tom King
• Jim Farley, Parks and Recreation Commissioner
• Dr. Ann Sasaki-Madigan
• Sally Lyons, Parks and Recreation Commissioner
• Jim Craig, Parks and Recreation Commissioner
• Jeannie Chapman
• Dr. Len Martyns, Parks and Recreation Commissioner ~ Mr. Martyns also read a
letter from former Council Member Julie Nygaard stating her support for moving
forward with the project (letter on file in the Office of the City Clerk).
• James Toretto
• John B. Strayer ~ Mr. Strayer submitted handouts to Council detailing the history of
the La Costa 35 Athletic Club (on file in the Office of the City Clerk).
• Marlaine Hubbard, Former Parks and Recreation Commissioner
RECESS:
Mayor Lewis declared a recess at 9:00 p.m. Council reconvened at 9:07 p.m. with five
Council members present.
April 21, 2009 Carlsbad City Council Meeting Page 6
In response to an inquiry from Council, Mr. Albright explained that the City's Recreation
Department has been working on developing a "pyramid operational model". He further
explained that the pyramid model is designed so that the City could identify areas of
most benefit to residents and subsidize the operational costs of various programs to a
larger extent. He stated that the programs that were of benefit to a smaller population
would receive a lower subsidy.
In response to Council Member Packard, Assistant City Attorney Jane Mobaldi
confirmed that staff could negotiate with various user groups to obtain assistance with
funding the operational costs of a facility.
Mayor Pro Tern Kulchin spoke in support of moving forward with construction of Phase
1 of the Alga Norte Community Park.
Council Member Hall stated that although he agrees that the facility needs to be built,
he would like to see the budget for the next fiscal year prior to moving forward with
construction. In closing, he stated that he could support Construction Option 3 - Rough
Grading of the entire site.
Council Member Packard stated that he too could support Construction Option 3 -
Rough Grading and he would also like staff to pursue Operation Option 1 - City to
operate and Option 2 - lease/management contract.
Council Member Blackburn spoke in support of construction of the park as designed.
He explained that $50.4 million has been set aside for construction and that due to the
current economic conditions, the construction costs are now estimated at around $40
million. He further explained that the operational costs could be absorbed through the
construction funding surplus. In conclusion, he stated that he would support
Construction Option 2 - Build project as currently designed and Operations Option 1 -
City to operate or Option 2 - lease/management contract.
Mayor Lewis stated that due to current economic conditions he would not support
construction of the park at this time; however, that he would support rough grading of
the site as stated in Construction Option 3.
ACTION: On a motion by Council Member Hall, Council adopted
RESOLUTION NO. 2009-079. approving Construction Option 3 -
Rough Grading of the Alga Norte Community Park and Aquatic
Center Site.
AYES: Lewis, Hall and Packard.
NOES: Kulchin and Blackburn.
ABSENT: None.
And:
ACTION: Directed staff to pursue Operating Option 1 - City Operate and
Operating Option 2 - Lease/Management Contract.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
April 21, 2009 Carlsbad City Council Meeting Page 7
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:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following event:
Tuesday, April 28, 2009 - 11:00 a.m.
Carlsbad City Council Financial Workshop
City of Carlsbad Safety Center
2560 Orion Way
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of April 21, 2009 was adjourned at 9:35 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Shelia R. Cobian, CMC
Deputy City Clerk