HomeMy WebLinkAbout2009-06-02; City Council; Minutes (3)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: June 2, 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 Hall led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were
approved as presented:
Minutes of the Special Meetings held May 5, 2009.
Minutes of the Joint Special Meetings held May 5, 2009.
Minutes of the Regular Meeting held May 5, 2009.
PRESENTATIONS:
Mayor Lewis introduced 2009 Miss Carlsbad Chelsea Streano, 2009 Miss Teen
Carlsbad Maddy Spellerberg and members of their courts.
Ms. Streano presented Council with a $1,000 check on behalf of the Carlsbad Lions
Club in support of the Carlsbad Library to assist sight and hearing impaired patrons.
Representatives from the San Diego County Fair invited Council and residents of
Carlsbad to attend the fair that will be operating at the Del Mar Fairgrounds June 12,
2009 through July 5, 2009.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Items #1 through #9 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
June 2, 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 #19.829 - REFUND OF BUSINESS LICENSE TAX.
Council adopted RESOLUTION NO. 2009-123. authorizing a refund of business
license tax to LaMarca Unlimited, LLC.
2. AB #19.830 - SETTLEMENT OF CLAIM.
Council adopted RESOLUTION NO. 2009-124. authorizing the expenditure of
funds for the settlement of the Workers' Compensation Claim of Michael
McFadden.
3. AB #19.831 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2009-125. accepting a donation from
Carlsbad Youth Baseball for the Pine Avenue Park fenced storage area, and
authorizing the appropriation of donated funds.
4. AB #19.832 - FINAL MAP FOR LAGUNA CONDOMINIUMS.
Council adopted RESOLUTION NO. 2009-126. approving the Final Map for
Laguna Condominiums and authorizing the Final Map to be recorded, CT 06-01.
5. AB #19.833 -APPROVE AMENDMENT TO 2008-2009 CONSOLIDATED ACTION
PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
Council adopted RESOLUTION NO. 2009-127. approving the amendment to the
2008-2009 Consolidated Action Plan for the Community Development Block
Grant Program, authorizing the City Manager to execute documents to revise
and implement the amended plan for submittal to the U.S. Department of
Housing and Urban Development; and, approving the appropriation of funds as
proposed in the amended plan.
6. AB #19.834 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-128. approving the construction of the
Traffic Signal at Rancho Santa Fe Road and Avenida La Cima as complete, and
directing the City Clerk to record a Notice of Completion, Project No. 6307-1.
7. AB #19.835 - CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER
REDUCTION ACT PROGRAM.
Council adopted RESOLUTION NO. 2009-129. authorizing the submittal of the
Funding Request Form to the Department of Conservation's Division of
Recycling, and authorizing the Public Works Director to execute all necessary
forms for the purpose of securing payments.
8. AB #19.836 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-130. accepting the construction of the
Picnic Shelters for Stagecoach and Calavera Hills Community Parks as
complete, and directing the City Clerk to record a Notice of Completion, Project
No. 39361.
June 2, 2009 Carlsbad City Council Meeting Page 3
9. AB #19.837 - AUTHORIZE CONTRIBUTION TO BUSINESS MARKETING
CAMPAIGN.
Council adopted RESOLUTION NO. 2009-131. authorizing a contribution to the
Endless Summer Marketing Campaign planned by the Carlsbad Tourism
Business Improvement District, and authorizing the appropriation of funds.
ORDINANCE FOR INTRODUCTION:
10. AB #19.838 - AMENDMENTS TO CARLSBAD MUNICIPAL CODE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-036. amending Title 2, Chapter 2.16 of the
Carlsbad Municipal Code to update the duties and responsibilities
of the Library Board of Trustees; amending. Title 3, Chapter 3.24 of
the Carlsbad Municipal Code to include a clarifying reference; and,
repealing Section 3.24.010 of the Carlsbad Municipal Code.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ORDINANCES FOR ADOPTION:
11. AB #19.839 - HIGHLAND JAMES SUBDIVISION.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-030. amending Section 21.05.030 of the
Carlsbad Municipal Code approving a zone change to rezone a
portion of a 1.06 acre lot from Single Family Residential (R-1-
10,000) to Single Family Residential (R-1-7,500) on property
generally located on the east side of Highland Drive, west of James
Drive and south of Tamarack Avenue.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
12. AB #19.840 - AMENDMENTS TO CERTAIN COMMISSION TERMS AND MEMBERSHIP.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
ORDINANCE NO. CS-031. amending Title 21, Chapter 21.28, by
the revision of Sections 2.28.020 and 2.28.060 of the Carlsbad
Municipal Code to establish the mechanism for appointment of
members to the Traffic Safety Commission and for staggering their
terms; and to revise the membership of the Traffic Safety
Coordinating Committee and provide for their adoption of rules and
regulations, subject to the provisions of the Brown Act.
June 2, 2009 Carlsbad City Council Meeting Page 4
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
13.AB #19.841-AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING
TENTATIVE MAP EXPIRATION.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-032, amending Sections 20.12.100(a) and
20.24.160(a) of the Carlsbad Municipal Code to extend the initial
life of tentative maps from the existing 24 months to 36 months.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
14.AB #19.842 - ESTABLISH PRIMA FACIE SPEED LIMIT ON POINSETTIA LANE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-033. amending Section 10.44.360 of the
Carlsbad Municipal Code to establish a 50 mile per hour prima
facie speed limit on Poinsettia Lane from Paseo del Norte to its
intersection with Cassia Road.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Jovonne Dempster, Prevention Specialist at North Coastal Prevention Coalition, came
forward to address Council. Ms. Dempster expressed her appreciation to Police Chief
Tom Zoll for speaking at the Underage Drinking Forum held on Wednesday, May 6,
2009 at the Carlsbad Dove Library. In closing, she encouraged the Council to pursue
adoption of a Social Host Ordinance to discourage underage drinking in Carlsbad.
Barbara Segal, Carlsbad, came forward to address Council. Ms. Segal expressed
concerns relating to the number of recreational vehicles (RV's) parked along Carlsbad
Boulevard for extended periods of time. She explained that many of the individuals
parking RV's along the Boulevard leave clothing and food on the sea wall.
Council Member Packard commented that the Council has begun to look at possibly
establishing an Ordinance to limit RV parking along Carlsbad Boulevard.
Renee Glotzbach, Carlsbad, came forward to address Council. Ms. Glotzbach provided
Council with a memo (on file in the Office of the City Clerk) requesting that alcohol be
prohibited at the Street Faire, Oktoberfest and Jazz in the Park events.
June 2, 2009 Carlsbad City Council Meeting Page 5
PUBLIC HEARING:
This item was continued from the City Council meetings held May 12 and 19, 2009.
15.AB #19.808 - GREEN DRAGON COLONIAL VILLAGE.
Planning Director Don Neu presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Eric Munoz, Hofman Planning and Engineering, came forward to address Council on
behalf of the applicant Bruce Bartlett. Mr. Munoz explained that although the proposed
project has many restrictions due to its location in the overlay zone, the applicant is
looking forward to proceeding with construction of the Green Dragon Colonial Village.
Mayor Lewis opened the duly noticed Public Hearing at 6:36 p.m.
Ron Rouse, Luce Forward, LLP, came forward to address Council on behalf of property
lessee Barbara Winter. Mr. Rouse explained that his client is in support of the errata
sheet dated May 29, 2009 (on file in the Office of the City Clerk), submitted by the
Planning Director that ensures that the ground lease and Conditional Use Permit (CUP)
run concurrently.
The applicant Bruce Bartlett came forward to address Council. Mr. Bartlett explained
that the proposed project would include a museum and restaurant in addition to
meeting rooms.
Marie Bradley, Carlsbad, spoke in support of the proposed project.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed Public
Hearing at 6:45 p.m.
Council discussion ensued regarding their support for the proposed project.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2009-105. approving a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program,
Conditional Use Permit CUP 08-08 and Coastal Development
Permit CDP 08-13, to remodel the existing vacant Hadley's
commercial building into a 21,281 square foot combination one-
and-two story multi-use commercial building that will include a
restaurant, museum, and meeting rooms on property located on
the west side of Paseo Del Norte, south of Palomar Airport Road,
as amended to reflect the following errata sheet (on file in the
Office of the City Clerk):
WHEREAS, Bruce Bartlett, "Developer/Owner", has filed a verified
application with the City of Carlsbad regarding property described as:
Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County Recorder of
San Diego County, June 8, 1977 as File No. 77-224223 (APN 211-040-21
also known as Parcel A, which is under Fee Simple ownership interest by
applicant Bruce Bartlett), and
June 2, 2009 Carlsbad City Council Meeting Page 6
That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of San Diego County,
November 16, 1896 (APN 211-040-04 also known as Parcel B, which is
under long-term Leasehold interest between applicant Bruce Bartlett and
the underlying property owners (the Gaiser Family Trust), and
The southerly 120.00 feet (measured along the easterly line thereof) of
that portion of Lot "H" of Rancho Agua Hedionda, in the County of San
Diego, State of California, according to map thereof No. 823, filed in the
Office of the County Recorder of San Diego County, November 16, 1896
(APN 211-050-16 also known as Parcel C, which is under long-term
Leasehold interest between applicant Bruce Bartlett and the underlying
property owners (the Ray and Barbara Winter Trust)
3. This conditional use permit shall expire on June 30, 2045 to coincide
with the expiration of the two current ground leases by Developer on
Parcels B and C. An extension to this conditional use permit may be
granted by the City Council only if both of the ground leases are also
extended. Further this conditional use permit shall be amended or
terminated prior to this expiration date upon documentation to the City
Council in a public hearing that one or both of the two ground leases has
been lawfully terminated by a written statement, with duly authorized and
notarized signatures of both the Lessor and the Lessee, mutually
agreeing that one or both of the leases has been lawfully terminated, or
by a court order evidencing such lawful termination.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
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 6:47 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Carlsbad Housing and
Redevelopment Commission and reconvened the City Council Meeting at 6:52 p.m.
with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
20. AB #19.844 - GRANT REQUEST FROM CARLSBAD HIGH SCHOOL WATER
POLO TEAM.
Senior Accountant Aaron Beanan presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Mr. Beanan explained that the Carlsbad High School Water Polo Team is requesting
grant funding to participate in a Water Polo Tournament in Hungary. He stated that the
June 2, 2009 Carlsbad City Council Meeting Page 7
City's Winning Teams Grants are typically given to local teams to compete in State and
National tournaments. He further explained that there are no State or National
tournaments for high school water polo.
John Smith, Carlsbad High School Water Polo Coach, came forward to address Council.
Mr. Smith stated that the boy's water polo team has won the GIF Championship in San
Diego County for the past six years.
In response to Council Member Blackburn, Mr. Smith stated that the team raised
approximately $20,800 through fundraisers and is requesting $23,800 in grant funding.
Council Member Blackburn confirmed with staff that the funds for the Winning Teams
Grants are appropriated from the Council Contingency Account.
Preston Rodman, Carlsbad, came forward to address Council. Mr. Rodman asked that
the Council approve the team's request for funding.
Mayor Lewis commented that he could support granting the request for $18,000 or
$19,000; however, suggested that the team also approach the Carlsbad Unified School
District for the balance of the requested $23,800.
Council Member Hall stated that he could support granting the request for the full
$23,800.
Council Member Packard stated that he could also support the request; however,
suggested that the amount more closely match what had been granted in the past to
other Winning Teams Grant recipients.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2009-132. approving a $19,000 Winning
Teams Grant to be awarded to the Carlsbad High School Boys'
Water Polo Team.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
RECESS:
Mayor Lewis declared a recess at 7:12 p.m. Council reconvened at 7:18 p.m., with five
members present.
13. AB #19.845 - 2009-10 PRELIMINARY OPERATING BUDGET WORKSHOP.
Finance Director Lisa Irvine, Finance Manager Judi Vincent and Senior Accountant
Helga Stover presented the staff report and reviewed a PowerPoint Presentation (on file
in the Office of the City Clerk) explaining the upcoming budget calendar, the economic
forecast of the General Fund, Carlsbad's Economic Profile and the operating budget
requests for Fiscal Year 2009/2010.
June 2, 2009 Carlsbad City Council Meeting Page 8
In response to Council Member Packard, Ms. Irvine explained that staff is projecting
revenues to be down to $109.3 million as compared to $120 million in the 2008/2009
Fiscal Year.
Ms. Irvine further explained that staff is estimating that the reserve fund will have a
balance of $46.5 million and will meet the Council's Policy of maintaining a minimum of
30% of the General Fund Balance in reserves.
In response to Council Member Hall, Ms. Irvine stated that the reserve balance does not
reflect the impact of increased water rates on the Crossings at Carlsbad Golf Course.
Deputy City Manager Jim Elliott gave an overview of the key accomplishments by the
Administrative Services and Community Services Departments throughout Fiscal Year
2008/2009.
In response to Mayor Lewis, Mr. Elliott confirmed that the city utilizes a back up data
storage system that maintains City data off site.
In conclusion, Mr. Elliott stated that staff has responded to the current economic
conditions by managing the workforce (selective hiring freeze), sharing duties and
renegotiating contracts for improved pricing.
Parks and Recreation Director Brian Albright came forward to address Council. Mr.
Albright explained that due to the current economic conditions, the Parks and Recreation
Department is recruiting volunteers to help minimize the impacts of vacant part-time
positions.
Community Development Director Sandra Holder gave an overview of the following major
project accomplishments by the Community Development Department in Fiscal Year (FY)
2008/2009:
• Scripps Healthcare Project
• Tri-City Wellness Center Project
• Legoland Sealife Aquarium
• Glenn Ridge Apartment Homes
• Bressi Ranch Commercial Center
• Carlsbad Paseo Project
• Hilton Resort and Spa
In response to Mayor Lewis, Ms. Holder stated that staff continues to work with Westfield
Shopping Center on changes to the Plaza Camino Real mall. She explained that
although no permits have been acquired, Westfield is discussing the possibility of a movie
theater and converting some of the parking area to a construction pad for a restaurant.
Council Member Hall encouraged staff to plan a special event for the expiration of the
redevelopment plan in the village area.
In conclusion, Ms. Holder stated that the Community Development Department has
responded to the current economic conditions by increasing efficiencies and allowing
vacant positions to remain un-filled.
June 2, 2009 Carlsbad City Council Meeting Page 9
Police Chief Tom Zoll came forward to address Council. Chief Zoll stated that Carlsbad
currently has the lowest crime rate in the County for a city of its size.
In conclusion Chief Zoll stated that the Police Department has responded to the current
economic conditions by managing overtime effectively, allowing part-time positions to
remain vacant and utilizing in-house conferences and training opportunities.
Fire Chief Kevin Crawford came forward to address Council. Chief Crawford explained
that the Fire Department Standards of Cover Study will be completed in early FY
2009/2010. He stated that the Study will provide insight into opportunities to deliver
optimal emergency services.
In conclusion, Chief Crawford stated that the Fire Department has responded to the
current economic conditions by implementing reductions in non-core and support
service areas.
In response to Council Member Hall, Chief Crawford stated that the boundary drop
agreement continues to work well for Carlsbad and that Carlsbad units respond equally
to as many calls outside the City limits as neighboring agency units respond into the
City of Carlsbad.
Public Works Director Glenn Pruim provided Council with an update on the Public
Works Department. He explained that the Public Works Department has continued
working on a number of transportation projects to alleviate congestion on city streets.
He also gave an overview of the desalination project and stated that the necessary
approvals have been obtained to move forward with construction of the desalination
plant.
In conclusion, Mr. Pruim stated that the Public Works Department has responded to the
current economic conditions by reassigning development related staff, allowing five full-
time vacant positions to be unfunded in the proposed budget and reducing the use of
outside consultants.
Finance Manager Judi Vincent and Senior Accountant Helga Stover gave a brief
overview of the other funds that comprise the City's Operating Budget and also
reviewed the recommended fee increases for Fiscal Year 2009/2010.
Ms. Stover gave an overview of the water and sewer rate increases that will be
considered at a Public Hearing on June 23, 2009.
In response to an inquiry from Mayor Lewis, Ms. Stover confirmed that the percentage
of proposed increase for potable water is 10.7%.
In response to Council Member Hall, Consultant Rob Grantham of FCS Group
explained that 12 units of water is the average usage for 50% of the water customers in
Carlsbad.
In response to an inquiry from Mayor Lewis, Ms. Vincent explained that the percentage
of increase to City fees is tied to escalator clauses in City Ordinances.
June 2, 2009 Carlsbad City Council Meeting Page 10
City Manager Lisa Hildabrand explained that staff could draft an Ordinance for Council
consideration containing language that would allow the Council to place a reduction or
moratorium on various fee increases due to the current economic conditions.
Council expressed their appreciation for staffs presentation.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council received the
report and set the 2009-10 Operating Budget Public Hearing for
June 16, 2009.
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.
ADJOURNMENT:
By proper motion, the Regular Meeting of June 2, 2009 was adjourned at 9:54 p.m.
LORRAINE M. WOOD,
City Clerk
Sheila R. Cobian, CMC
Deputy City Clerk