HomeMy WebLinkAbout2009-05-05; City Council; Minutes (5)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 5, 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:
Pastor Moyer offered the Legislative Invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tern Kulchin 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 Regular Meeting held April 7, 2009.
Minutes of the Joint Special Meeting held April 7, 2009.
Minutes of the Special Meeting held April 14, 2009.
Minutes of the Regular Meeting held April 14, 2009.
Minutes of the Special Meeting held April 15, 2009.
Minutes of the Special Meeting held April 16, 2009.
Minutes of the Regular Meeting held April 21, 2009.
Minutes of the Special Meeting held April 28, 2009.
PRESENTATIONS:
Council Member Hall introduced local artist Bill Lignante. Mr. Lignante presented a
drawing to City Treasurer Mac McSherry.
Mayor Lewis presented a Proclamation to City Clerk Lorraine Wood in recognition of
Municipal Clerk's Week.
May 5, 2009 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the
action of the Consent Calendar, Items #1 through #10 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
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 #19.781 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2009-080. accepting a donation from
Marley White in support of the Carrillo Ranch Fund and authorizing the
appropriation of donated funds.
2. AB #19.782 - APPROPRIATE FUNDS FOR "IN KIND" SERVICE ASSISTANCE.
Council adopted RESOLUTION NO. 2009-081. authorizing the appropriation of
funds to provide "in kind" services for the Special Olympics Law Enforcement
Torch Run.
3. AB #19.783 - SETTLEMENT OF CLAIM.
Council adopted RESOLUTION NO. 2009-082. authorizing the expenditure of
funds for the settlement of the Workers' Compensation Claim of Michael Shipley.
4. AB #19.784 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-083. accepting the construction of the
Poinsettia Community Park - Phase 2A Tennis Courts as complete, and
authorizing the City Clerk to record a Notice of Completion, Project 4502.
5. AB #19.785 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City Investments as of March 31, 2009.
6- AB #19.786 - MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO
ASSOCIATION OF GOVERNMENTS.
Council adopted RESOLUTION NO. 2009-084. approving the Memorandum of
Understanding with the San Diego Association of Governments (SANDAG)
supporting a regional beach sand project and committing to funding engineering
design and environmental documents.
7- AB #19.787 - DISADVANTAGED BUSINESS ENTERPRISE (QBE) PROGRAM.
Council adopted RESOLUTION NO. 2009-085. approving the City of Carlsbad
Disadvantaged Business Enterprise (DBE) Program Implementation Agreement
as contained within Council Policy Statement No. 67; and, authorizing the City
Manager to execute the DBE Program Implementation Agreement.
8. AB #19.789 - REFUND OF BUSINESS LICENSE TAX.
Council adopted RESOLUTION NO. 2009-087. authorizing the refund of
business license tax to Safeway, Inc.
May 5, 2009 Carlsbad City Council Meeting Page 3
9. AB #19.790 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2009-088. approving the plans and
specifications for the 2009 Pavement Overlay, and authorizing the City Clerk to
advertise for bids, Project No. 6001-09OL.
10. AB #19.791 - APPROVE AMENDMENT TO AGREEMENT.
Council adopted RESOLUTION NO. 2009-089. approving Amendment No. 3 to the
agreement with Ascentium Corporation for Microsoft Sharepoint Implementation for
the City's Web site, and authorizing the appropriation of funds.
ORDINANCE FOR INTRODUCTION:
11. AB #19.792 - REVISION OF THE TRAFFIC IMPACT FEE.
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 gave a brief overview of the Traffic Impact Fee (TIF) program and explained
that the funding mechanism for the program is based on the average daily trips
generated by the construction of new homes and businesses.
Mr. Plantz explained that staff had reviewed the projects in the existing TIF program
and have determined that the scope of the projects could be reduced; thus reducing the
amount of the Program fees.
Mr. Plantz also stated that in addition to the identified project scope reductions, staff
also determined that Council may want to consider removing Cannon Road Reach 46
from the program due to the current environmental constraints on the proposed project.
In closing, he explained that the removal of Cannon Road Reach 4B from the TIF
program, would result in an additional fee reduction equal to $5.4 million.
In response to an inquiry from Council Member Blackburn, Mr. Plantz explained that the
fees collected through the TIF program are for all the projects within the program. He
further explained that the fees collected are not dedicated to any one specific project
within the program.
In response to Council Member Packard, Mr. Plantz confirmed that inflation is taken
into consideration when determining the fees each year. He further explained that an
escalation factor of 2% is included in the fee.
Mayor Lewis spoke in support of removing Cannon Road Reach 4B from the program.
Council Member Hall also spoke in support of removing Cannon Road Reach 4B from
the TIF Program. He explained that since the road will be a regional benefit, the region
should also contribute to the construction costs of the road.
Scott Molloy, representing the San Diego Business Industry Association (BIA), came
forward to address Council. Mr. Molloy reviewed a brief PowerPoint presentation (on
file in the Office of the City Clerk) and stated that the BIA is in support of staffs
recommendations to reduce the TIF and to remove Cannon Road Reach 4B from the
TIF program.
May 5, 2009 Carlsbad City Council Meeting Page 4
Mayor Pro Tern Kulchin also spoke in favor of removing Cannon Road Reach 4B from
the TIP program; however, she stated that she would like the road to stay in the City's
Circulation Element of the General Plan.
City Attorney Ron Ball stated that the Ordinance will be amended to remove Cannon
Road Reach 4B from the TIP Program and that the word "deleted" on line 16 of page
one of Ordinance No. CS-028 would be replaced with the word "repealed" when the
Ordinance is returned to Council for adoption.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. CS-028. amending Title 18, Chapter 18.42 of
the Carlsbad Municipal Code revising the Traffic Impact Fee, as
amended to included the removal of Cannon Road Reach 4B from
the TIP Program.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ORDINANCE FOR ADOPTION:
12. AB #19.793 -AMEND CARLSBAD MUNICIPAL CODE REGARDING
PAWNBROKERS.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
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:
Kasey Cinciarelli, Carlsbad, came forward to address Council. Ms. Cinciarelli spoke in
support of preserving more open space within Carlsbad. She commented that the
Village H open space property that had recently been for sale would have been ideal
property for the City to purchase and preserve as open space.
Carlsbad High School Key Club Representatives Lauren Metlack and Courtney Lubock
came forward to address Council. Ms. Metlack and Ms. Lubock spoke about the
harmful effects underage drinking has on a community. They spoke in support of
establishing a Social Host Ordinance in the City of Carlsbad. In closing, they invited the
Council and citizens of Carlsbad to attend an Underage Drinking Forum on
Wednesday, May 6, 2009 at the Carlsbad Dove Library - Schulman Auditorium from
6:00 p.m. to 8:00 p.m.
May 5, 2009 Carlsbad City Council Meeting Page 5
Rebecca Moore, President of the Carlsbad Library and Arts Foundation came forward
to address Council. Ms. Moore invited the Council and citizens of Carlsbad to
participate in the upcoming "Castles of Carlsbad" tour scheduled for Saturday, May 16,
2009. Ms. Moore stated that additional information could be obtained by visiting
www.castlesofcarlsbad.com or by calling 760-602-2640.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND
MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Municipal Water
District at 6:42 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 7:29 p.m. with five Council Members
present.
DEPARTMENTAL AND CITY MANAGER REPORT:
16.AB #19.794 - MAY 19. 2009 STATE PROPOSITIONS DISCUSSION.
Council Member Packard suggested that the Council take a position in opposition to State
Propositions 1A through 1E slated for the May 19, 2009 Special Election. He stated that
although the Council historically has not taken a position in regards to State Propositions,
he felt that since the City's Platform is aligned with opposition to additional taxation that in
this instance taking a position would be appropriate.
Mayor Pro Tern Kulchin stated that she was not ready to take a position on the
Propositions, therefore would abstain from voting on taking a position on the Propositions.
Council Member Blackburn stated that although he is not in favor of tax increases, he too
would abstain from making a recommendation on the Propositions.
Kelli Moors, a member of the Carlsbad School Board, came forward to address Council.
She stated that although the Carlsbad School Board has not taken a collective position on
the Propositions, the statewide professional organization, California School Boards
Association, has taken the position to oppose Propositions 1A.1C, 1D and 1E and to
support Propositions 1B and 1F.
Council Member Packard made a motion and Council Member Hall seconded the motion
to take a position in opposition to Propositions 1A, 1B, 1C, 1D and 1E and a position of
support for Proposition 1F. The motion failed due to lack of support. Mayor Lewis voted
no and Council Members Kulchin and Blackburn abstained from the vote.
May 5,2009 Carlsbad City Council Meeting Page 6
17. AB #19.795 - TRAFFIC SAFETY COMMISSION APPOINTMENTS.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2009-090. re-appointing Gordon Cress to the Traffic Safety
Commission; and,
Adopted RESOLUTION NO. 2009-091. re-appointing Jack
Gumming to the Traffic Safety Commission; and,
Adopted RESOLUTION NO. 2009-092. re-appointing Guy Roney to
the Traffic Safety Commission; and,
Adopted RESOLUTION NO. 2009-093. appointing Jario
Valderrama to the Traffic Safety Commission; and,
Adopted RESOLUTION NO. 2009-094. appointing Monir Marefat to
the Traffic Safety Commission.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
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:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Friday, May 8,2009 - 6:00 p.m.
Carlsbad Chamber of Commerce
Outstanding Educational Program Awards
La Costa Resort & Spa
2100 Costa Del Mar Road
Carlsbad, CA
ADJOURNMENT:
By proper motion, the Regular Meeting of May 5, 2009 was adjourned at 7:44 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Sheila R. Cobian, CMC
Deputy City Clerk