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HomeMy WebLinkAbout2007-10-17; City Council; MinutesCITY OF CARLSBAD CITY COUNCIL WORKSHOP SPECIAL MEETING MINUTES Faraday Administration Offices 1635 Faraday Avenue Room173A Carlsbad, CA 92008 Wednesday, October 17, 2007 CALL TO ORDER: Mayor Lewis called the meeting to order at 11:00 a.m. ROLL CALL: Mayor Lewis, Mayor Pro Tern Kulchin, Council Members Hall, Nygaard and Packard. (This item followed item number three) 1. Council discussion on Council Member reports on regional roles and assignments, as necessary, including: Nygaard Packard Hall Buena Vista Lagoon JPA City/School Committee LOSSAN Corridor Board of Directors North County Dispatch Joint Powers Authority (alternate) North County Transit District Board of Directors North County Transit District Planning Committee No comments Buena Vista Lagoon JPA City/School Committee EFJPA Encina Joint Powers (JAC) Encina Wastewater Authority League of California Cities - SD Division League of California Cities Transportation, Communication & Public Works Committee North County Dispatch Joint Powers Authority No comments Chamber of Commerce Liaison League of California Cities Revenue and Taxation Committee SAN DAG Board of Directors SANDAG Public Safety Committee SAN DAG Executive Committee Council Member Hall asked that he and Mayor Pro Tern Kulchin work together on the Shoreline Preservation. Council member Hall suggested a city coastal workshop on this topic. Mayor Lewis also noted that he wants to send a City letter of support regarding the desalination plant to SANDAG members. Kulchin American Coastal Coalition Board of Directors American Shore & Beach Preservation Association, Board of Directors CalCoast Board of Directors Carlsbad ConVis (alternate) Encina Joint Powers (JAC) Encina Wastewater Authority (EWA) North County Transit District (alternate) *San Diego Authority for Freeway Emergencies (SAFE) SANDAG Board of Directors (2ndalternate) *SANDAG Shoreline Preservation Committee Lewis Chamber of Commerce Liaison LAFCO Cities Advisory Committee North County Mayors and Managers SANDAG (1st alternate) San Diego County Water Authority Board of Directors The Mayor updated Council regarding the work he has done to get chairs from Metropolitan Water to attend the Coastal Commission hearing regarding desalination. Requests to Speak on a listed item: A total of 15 minutes is provided. Please submit a speaker card indicating the item you wish to address. Comments/speakers are limited to three (3) minutes each. No Public Comment. 2. Discussion of the basis for and distinction between Charter City and general law and direction to City Attorney and staff. Introduction of this item was made by City Manager Lisa Hildabrand. City Attorney Ron Ball introduced attorney and expert on Charter Cities Betsy Strauss. Ms. Strauss complemented staff for their work on this item. Ms. Strauss gave a presentation on Charter Cities (this presentation is on file in the Office of the City Clerk). She listed two reasons for chartering: Home rule and greater flexibility. In addition, she listed the limitations to Charter governments. Ms. Strauss also discussed what legislative items are considered to be "statewide concerns". In response to Council, Ms. Strauss confirmed that the State's Housing Element applies to both General Law and Charter Cities. She also confirmed that State legislated unfunded mandates also apply to Charter Cities. In response to Council, Ms. Strauss discussed the trend for cities to adopt charters. In response to Council, City Attorney Ball and Ms. Strauss explained how Charters can be amended. Ms. Strauss gave Council details regarding construction and maintenance contracting including prevailing wage contracts. Senior Management Analyst Joe Garuba discussed alternatives for the use of prevailing wages. He emphasized that Council could control how contracting and prevailing wage is utilized within Carlsbad. He also noted that these laws are under challenge in the courts. Staff members gave contemporary examples regarding potential design/build and in-house labor advantages provided by Charter laws. Ms. Strauss highlighted the advantages of Charter Cities in financial affairs. Assistant Finance Director Kevin Branca confirmed that Charter Cities must follow Prop 218 laws. Ms. Strauss and Mr. Ball discussed changes in city government such as elections and elected officials. Staff discussed the next steps to put the Charter City question on the ballot and Council discussed potential election dates. Council concurred to put this item on the June 3, 2008 election. City Manager Lisa Hildabrand noted that staff would produce the needed documents. 3. Discussion of City Safety Training and Public Works Center at Public Works site on Orion Way. Project Manager Skip Hamman gave the presentation (this presentation is on file in the Office of the City Clerk). He gave the background of Council's previous actions on this item. Mr. Hamman described two alternatives A and A-1. He noted that Alternative A preserves the skate park. Mr. Hamman discussed the conceptual site, elevations and floor plans. Mr. Hamman estimated that the Joint First Responders Training Facility would cost approximately 24.5 million dollars. Discussion ensued regarding the financing of this project. Mr. Hamman also discussed the operational budget for this facility and displayed the project timeline. In summary, Mr. Hamman requested approval from council so that staff could proceed with the preliminary design, obtain planning and environmental approvals, complete final construction documents, obtain construction permits and advertise for bids. In response to Council Mr. Hamman noted that no revenue is shown in the estimated operating budget. Finance Director Lisa Irvine clarified how the General Capital Construction Fund is used. Council discussion ensued regarding use of General Fund monies. Council Member Hall asked where the emergency line is established regarding the General Fund. Council Members Packard and Hall stated that they would like alternative funding sources for this project. Capt. Bill Rowland discussed a list of law enforcement agencies who would like to lease this proposed facility. Council concurred to proceed with the project. The Mayor asked that the General Capital Construction Fund line items be produced for Council review. The Council agreed that approval of this project does not imply approval of the future Public Works Center. City Manager Lisa Hildabrand noted that staff will bring back extensive financial and funding data along with General Fund levels. The Mayor asked that this data proceed the next round of pool complex approvals. 4. Receipt and discussion of Planning Commission comments and concerns regarding development processing, procedures, and other land use issues. No discussion on this item. 5. Discussion of Council efficiency and effectiveness including impact of regional assignments with regard to contact with other Council members, decision and policymaking, serving the community and effective methods of feedback. 6. City Manager review of goal and major project tracking report and update discussion of Council goal setting process and discussion of capacity and effectiveness in the delivery of City processes and services. City Manager Hildabrand distributed the Athena report to Council. 7. Discussion of feedback, communications or correspondence on issues for the good of the community, including directions to the City Manager or City Attorney, as appropriate, for the scheduling of items for future agendas, workshops or study sessions. No discussion on this item. Requests to Speak: Continuation of Requests to Speak (if necessary) ADJOURNMENT: 1:35 p.m. fraine\M. Wood, CMC 'City Clerk\ p i e - n~ 67 Joint First Responders Training Facility Joint First Responders Training Facility Location: Safety Center Site Features: • Shooting range (25 yard & 100 yard) • Commercial & residential training facilities and grounds • Classrooms, physical training room • Administrative offices Background Council Workshop - March 15, 2006 Site Plan Options Presented • Alternative 1: Public Works, Police, and Fire all at Safety Center site. • Alternative 2: Public Works not centralized at Safety Center site. Background Continued Council Workshop - May 17. 2006 • Further discussion of site plan options • Alternative 1- Public Works, Police, and Fire all at Safety Center site. • Alternative 2- • Public Works not centralized at Safety Center site. Staff directed to contact other municipalities regarding joint use of JFRTF and Pursue Alternative 1 Background Continued Council Workshop - September 20, 2006 • Council decides to pursue JFRTF for Carlsbad with provision made to be available for other agencies. • Go forward with feasibility & planning studies • Public Works, Police, and Fire all at Safety Center site. Pre-Design Scope January 2, 2007 - Contract with RRM Design Group Review current and future program needs Validate space needs Develop Conceptual Plans: • Overall Safety Center site plan for Public Works, Police, and Fire • Conceptual site plan for JFRTF • Floor plans for JFRTF Prepare Basis of Design Report Prepare construction cost estimates Conceptual Plans Alternative A - Skate Park at Safety Center • Two parking structures • Public Works - 3 level structure (350 spaces) • Police/Fire - 2 level structure (225 spaces) • Insufficient yard & circulation space for Public Works Facility Alternative A-l - No Skate Park at Safety Center • Two parking structures • Public Works - 3 level structure - Approx. 350 spaces • Police/Fire - 2 level structure - Approx. 225 spaces • Sufficient yard & circulation space for Public Works CONCEPTUAL FLOOR PLAN CONCEPTUAL EXTERIOR ELEVATIONS D D n RESIDENTIAL ELEVATIONS JFRTF - Project Features Bounded by Orion Way and Orion Street 4 Acre Site 23,250 SF Shooting range with ... • 25 Yd. & 100 Yd. range • Armory & weapon storage • Simulated arms training 6,250 SF Fire Administration 6,550 SF Commercial multi-training structure 2,550 SF Residential multi-training structure 8,920 SF Shared support space JFRTF Cost Estimate Feasibility Studies $170,000 Final Design $2,000,000 Construction Cost $18,000,000 CM&I $1,400,000 Water & Sewer Fees $400,000 Public Art $180,000 Pre-Opening Expense $50,000 FF&E $330,000 Miscellaneous items $50,000 8 Project Appropriation Project Cost - $24,500,000 Current Appropriation - $950,000 Additional Appropriation Required - $23,550,000 PropC (in Millions) Prop C Allocation $35.00 Alga Norte Aquatic Complex (16.22) Joint First Responders Training Fac. (1.05) REMAINING PROP C FUNDS $17.73 Funding General Fund Reserve Prop C Original Allocation General Capital Construction Fund TOTAL REMAINING FUNDS (in Millions) $60.00 35.00 4.60 $99.60 Prop C Allocations $(17.27) Joint First Responders Training Fac. (23.55) $58.78 PROP C Do the voters of the City of Carlsbad approve spending city funds from various sources including the General Fund in an amount over $1 million to construct capital facilities including a swimming pool complex, trails linkages and open space, a City/Safety Training Facility and a portion of Cannon Road, east of College (Reach 4)? 10 JFRTF Estimated Operating Budget JFRTF Operating Budget Police Shooting Range Fire Burn Props Fire Administration M&O Training & Joint Use Areas Total Net New Annual Estimated M&O Budget Estimated Net New Cost $177,290 $95,740 $0 $237,000 $25,000 $535,000 Projected Completion Schedule Preliminary Design - 3rd Quarter 2008 Permits & Final Design - 3rd Quarter 2009 Complete Construction - 4th Quarter 2010 11 Staff recommendation • Proceed with preliminary design, • Obtain planning and environmental approvals • Complete final construction documents • Obtain construction permits • Request approval to advertise 12 To Charter or Not To Charter That is the question? Background In June 2006, Council directed staff to analyze benefits of Charter Cities Charter City Team has completed that analysis What We Are Talking About People of,the State 6f, {•": - ' California < • .' California State .Constitution 1^] Legislature l~-\>~- --' (adopts•geVierai-favire) " : General Law Cities I./City, Council Adopts, \ ^j OrdinSnees and Implements Charter Powers J Derivation of City Powers California Constitution 1 iciai r _ > • Executive ***** i Legis k Charter Cities General Law Cities ! Reasons For Chartering Home Rule Greater Flexibility - Preserves the best of both worlds Limitations to Charter Governments Statewide Concern vs. Municipal Affair • There is no firm definition of a "municipal affair" • The courts must interpret what qualifies as a municipal affair on a case-by-case basis. • "[E]ven if a statute purports to apply to all municipalities throughout the state, including charter cities, it is not necessarily a general law if it does not relate to a matter of statewide concern." - Traders Sports, Inc. v. City of San Leandro (2001) 93 Cal.App.4th 37, 47 Areas Determined to be Statewide Concerns Traffic and vehicle regulation Acquisition of property by eminent domain Conflicts of Interest Open and Public Meetings Voter/Property Owner approval requirements for taxes, assessments, and property-related fees Construction & Maintenance Contracting Prevailing Wage Selection Methodology - Design/Build - Labor - Fiscal Thresholds 4 Construction & Maintenance Contracting Prevailing Wage - Charter Cities not required to pay Prevailing Wage for projects/maintenance that: 1) Do not receive Federal/State Funding 2) Are within the realm of "Municipal Affair" Examples - Aviara Park - Freeway Interchange (Regional) Construction & Maintenance Contracting Selection Methodology - Best Value not low bid Design/Build Option Types of Labor Available - In-house vs. Contract Fiscal Thresholds Land Use Ability to reinforce voter-approved initiative (Proposition E) City still has to follow: -CEQA - General Plan Requirements - Coastal Commission -Affordable Housing Requirements - Subdivision Map Act Financial Affairs Assessment Districts/Bond Financing - More flexibility - Can include both construction and maintenance Expenditures of Public Funds State Mandates Fines, Penalties, Forfeitures City Government Charter provides range of options including: - Form of Government - Elections (Ex. Mid-Term Council Vacancies) - Qualifications for Elected Officials - Compensation - Quorum Requirements Other Jurisdictions Talked with several charter cities including: - Vista - La Quinta - San Marcos - Palm Desert - Solvang - Indian Wells - Desert Hot Springs - Palm Springs - Rancho Mirage - Del Mar All converted for similar reasons: - Home Rule - Increased flexibility Next Steps Accept staff report If Council decides to move forward, series of actions/activities move into place - Election Date - Drafting of Charter - Education Process Election Date Options Taking Charter Question to the Ballot ELECTION DAY February 5, 2008 Presidential Primary June 3, 2008 Primary Election November 4, 2008 Primary Election Last Day to Call November 9, 2007 January 11, 2008 August 8, 2008 Estimated Cost $275,000 Possibly up to $500,000 $65,000 $32,000 8 October 15, 2007 City of Carlsbad CHARTER CITY EVALUATION AND ANALYSIS Introduction The federal and state constitutions are the foundations of federal and state iaw. They are the guideposts for the operation of the federal and state governments and they provide protection for the rights of the people. Each law adopted by the Congress or the State Legislature must measure up to the requirements of thb Constitution. The California Constitution allows a city to adopt its own local "constitution" - a city charter. At present 109 of the 478 cities in California have adopted this municipal "constitution" as charter cities. The charter is likewise-the guidepost for how to govern and how to protect the rights of those that live and work In the city. A city becomes a charter city in order to enhance home rule. Home rule is the power to legislate and regulate in response to the particular needs and desires of the community. The law refers to these "particular needy and desires" as "municipal affairs." In the last ten years, 15 general law cities have attempted to become charter cities. 12 have succeeded. The most recent conversions include the small city of Indian Wells (population 4,865) and the larger city of Vista (population 94,440). Home Rule and Municipal Affairs Cities, being the level of government closest to the people, are most concerned with those issues that are local in character; have the greatest impact on daily life in the city; and are addressed more appropriately at the grassroots level, The legal name for these issues is "municipal affairs." Charter cities and general law cities are equal in this regard: "municipal affairs" are what they spend most of their time on. But there is one significant difference between charter cities and general law cities: a charter city has more authority than a general law city. General Law cities are bound by the state's general law, even with respect to municipal affairs. Charter cities are not, This means that a charter city has more home rule authority than a general law city because the charter city has more authority over municipal affairs. See Appendix A for a summary of the differences between the powers of general law cities and charter cities. A charter city chooses how much it will be bound by the state's general law. After becoming a charter city, a city council may take advantage of its charter status with respect to one municipal affair only; or it may choose to change the way it operates with respect to many municipal affairs. The basic missions of a city - to provide municipal services and regulate conduct in the interest of the public health, safety and welfare - remain the same whether general law or charter city. • Development of Home Rule In 1896, the State Constitution was amended by the people to add the section that allows for charter cities.,, This section is commonly referred 10 as the "home rule" provision of the Constitution. According to the historical record, it was to enable cities to conduct their own business and control their o~ m affairs to the fullest possible extent in their,.own way. "Home rule" was based on the principle that a city itself knew better,rwhat it wanted and needed than +he state at large. The people intended to give cities that chose to adopt a charier the exclusive privilege and right to enact.legislation which would carry out and satisfy its wants and needs. "Home rule" is intended to give cities the soio right to regulate, control and govern their internal conduct independent of general laws. As noted in the Introduction, "municipal affairs" is the Constitution's way of identifying what a city's wants and needs are. A charter city may govern independently of the State law in "municipal affairs." Therefore, the first step in deciding whether a generai law city should become a charter city is to understand what "affairs" are "municipal affairs." Understanding which "affairs" are "municipal affairs" will explain how much more a charter city can accomplish in meeting its "wants and needs" than a general law city. Unfortunately this is not a particularly straightforward endeavor. The California Constitution does not define "municipal affairs." It does, however, set out a nonexclusive list of four "core" categories that are, by definition, municipal affairs. These categories are: (1) regulation of the "city police force." (2) "Sub-government in all or part of a city." This category allows a city, for example, to identify additional officers and/or change the job duties and qualifications of officers. (3) "Conduct of city elections." This category allows, for example, a city to conduct city elections on dates other than those set forth for general law cities; and (4) "the manner in which-...municipal officer:; (are) elected." This category allows a city, for example, to establish mailed-ballot election. In addition to these "core" categories, the courts determine which other responsibilities of cities are "municipal affairs" It is the province of fhe courts, not the state legislature, to determine what is, and what is not, c municipal affair.' The legislature may express an opinion about whether a particular area is a municipal affair, but it is the court's opinion that counts, • Municipal Affairs and Matters of Statewide Concern When a charter city's solution to a local problem conflicts with the State's solution to that same local problem, it's the job of a court to decide wi ..at a municipal'affair fs and what a matter of statewide concern is. For example, a voter initiative passed on the 1986 statewide ballot that added several sections to the State law)'1 One section prohibits a city or county from imposing-*;* tax on the sale of real property, including a "real property transfer tax." Another section:requires a 2/3 vote of a city council to submit a locci k* measure to the voters. After the initiative passed, one charter city adopted a real property transfer tax and another charter city.submitted a local feu measure to the voters with a majority vote of the city council rather thc.i a 2/3 vote. The initiative specifically states that it applies to all cities and counties "including chartered cities and counties." Therefore, both of these actions conflicted with the voter initiative and both actions were challenged in court. The people challenging these actions argued that the charter cities' actions were "preempted" by the state law because these were matters of statewide concern. The charter cities argued that it didn't matter that their actions conflicted with the state law because these matters were "municipal affairs." In both cases, the courts began by noting that even if a law purports to "include chartered cities and counties," the law will only apply to chartered cities if it relates to a "matter of statewide concern." In these cases, the courts found that the type of tax to be imposed, and the manner of submitting the tax to the voters were predominantly of interest to the voters of those cities. Since they were unable to identify a "matter of statewide concern" in either case, the courts held that these sections of the initiative do not apply to/chartered cities even though the words of the statute say that they do. ., However, things can come out differently when a court identifies an area of interest as a matter of statewide concern. For example, residents of a city complain to the city council that the amount of through traffic on residential streets is creating unsafe ponditions for their children. The residents ask the city council to do something to either slow down the traffic or reduce the amount of through streets in residential neighborhoods. The city council studies the problem and is advised by a traffic engineer to erect a series of bollards which block the through streets and reduce the options for drivers to make their way through the residential area. The bollards are installed-but the installation triggers a lawsuit from an unhappy driver. The unhappy driver argues that the decision to install the bojjards is in conflict with the state law which enumerates what is permitted on city^treets (for example, speed bumps; crosswalks, etc.). The bollards are notion the list. The outcome of the lawsuit hinges on whether what is permitted on; city streets is a "matter of statewide concern." It's either one or the other: either a municipal affair or a matter of statewide concern. Every challenge to the authority of a charter city to act revolves around/this same question: Is this a 'matter of statewide concern." If so, the charter city's action .is preempted by the state statute. If not, the charter city is appropriately exercising its power over "municipal affairs.". In the bollards example, the court decided that it was appropriate for the state to maintain the exclusive list of what is permitted on city streets so as to make sure that the same safety standards were applied uniformly throughout the state. That meant that what is permitted on city streets is a "matter of statewide concern." If an area is a "matter of statewide concern," the charter city is "preempted" by, and must therefore act in accordance with, the state legislation. The party claiming in court that a general state law preempts a local ordinance has the burden of demonstrating preemption. Historically, the courts have been particularly reluctant to infer legislative intent to preempt a field covered by municipal regulation when there is a significant local interest to be served that may differ from one locality to another. Although the law of "municipal affairs" evolves through litigation, these cases are usually brought against the larger cities in California that often are the innovators of new solutions to municipal problems. Most often smaller charter cities look to the actions of the larger charter cities to define the limits of "municipal affairs." • What are some examples of municipal affairs? The concept of municipal affairs is fluid and changes over time. Issues that are municipal affairs today could become areas of statewide concern in the future. This happened in the late 1980s and early 1990s to the area of taxation. Until the late 1980s and 1990s, a charter city could depend on local taxation being a municipal affair. The courts consistently said so. Two things caused the courts to change their conclusions: the voters decided the best way for ALL cities to impose taxes; and many types of businesses consolidated under a single controlling entity and other types of-businesses developed ac chains, which meant that they were potentially subject to different types of taxes depending upon which city they were located in. To the courts, this meant that a statewide approach made more sense. This means that a charter city may not impose a particular type of tax if the type of tax is imposed on a statewide basis. For example, a charter city may not impose a tax on gasoline purchased in the city because the state has imposed a gas tax statewide. On the other hand, a charter city has retained the authority to impose a real estate transfer tax (a type of tax prohibited to general law cities) because there is no need to regulate that type of tax on a statewide basis. Despite the possibility for change, some areas have been consistently classified as municipal affairs and other areas have been consistently classified as matters of statewide concern. In addition to those "core areas" mentioned above, the following are municipal affairs: • Municipal election matters • Land use and zoning decisions (with some exceptions) • How a city spends its tax dollars, including public financing of local election campaigns • Public works contracts provided the charter or a city ordinance exempts the city from the Public Contracts Code and the subject matter of the bid constitutes a municipal affair, including the authority to use the "design- build" process for constructing public projects. • Assessment 'district and bond financings The following are areas of statewide concern: • Traffic and vehicle regulation • The procedure for filing tort claims against q city • Regulation of school systems • Acquisition of property by eminent domain . • Conflicts of Interest • Open'and Public Meetings { • Voter or property owner approval requirements for taxes, assessments, and property-related fees In addition to those subjects which are clearly preempted, and those subjects which are clearly municipal affairs, there are some subjects which the state has expressed its intent to preempf charter cities, but whether preemption has been successful is not clear. Ultimately, whether a charter city ordinance is preempted is a decision for a court. The court cannot find a charter city ordinance preempted unless the record demonstrates that: (1) legislative materials or specific historical circumstances provide a convincing basis for statewide action; (2) the state law is reasonably related to the statewide concern; and (3) the state law is narrowly tailored to achieve its statewide-concern objective. If a charter city were to adopt an ordinance in conflict with a state statute and the local ordinance were to be challenged, a court would follow the analysis above to determine whether the subject was a matter of statewide concern. Areas of Special Interest to the City of Carlsbad Construction and Maintenance Contracting Construction and maintenance contracting flexibility is available to a city when it operates as a charter city. Flexibility is found in the following categories: use of prevailing wages, selection methodology, alternative contract processes, and types of labor available for use, and economic thresholds for competitive bidding and the use of internal labor. Additional flexibility helps the city maximize its resources. • Prevailing wages Charter cities are not required to enforce the prevailing wage law for "public works" that (1) do not receive state or federal funding, a condition of which is the payment of prevailing wages; and (2) are within the "realm of municipal affairs." "Public works" includes both the construction and maintenance of public projects. Three factors are considered to determine whether a project is within the realm of municipal affairs: o The extent of non-municipal control over the project o The source and control of the funds to finance the project o The nature and purpose of the project. For instance, using these factors, it was determined that the City of San Diego's police building energy efficiency and generation project was not subjec! to the payment of prevailing wages. However, the City of Visclia's improvements to its sewer treatment plant was subject to the payment of prevailing wages because the plant treated wastewater generated by the Goshen Community Services District (outside the boundaries of the City of Visalia). A project such as the realignment of Rancho Santa Fe Road would require the payment of prevailing wages even if Carlsbad were a charter city because payment of prevailing wages was a condition of federal funding for the project. Likewise, a project such as the construction of a freeway interchange would be subject to the payment of prevailing wages even if Carlsbad were a charter city, because it is a regional project which impacts areas outside the incorporated boundaries of Carlsbad. On the other hand, construction of a Public Works Center would not be subject to the payment of prevailing wages if Carlsbad were a charter city because it was a local project funded solely with local funds. Efforts to remove this exemption for charter cities have been, and will continue to be, made in both the courts and the legislature, In the most recent case, the City of Long Beach provided funding to a non-profit organization for construction of an animal shelter to be shared by Long Beach and SPCA-Los Angeles. The Court of Appeal held that prevailing wages must be paid because the project was not a "municipal affair" because of its extraterritorial impact. The City appealed the decision to the California Supreme Court, which did not decide the prevailing wage rate question because the Court decided that the project itself was not a "public work." Additional material on this topic can be found in Appendix B. • Selection Methodology . '*. / -".-'.'- The Public Contracts Code requires general law cities to award public works contracts in excess of $5,000 to the lowest responsible bidder submitted in response to a competitive bid process. If a general law city has elected to be subject to the uniform construction accounting procedures, then certain less formal procedures may be available for contracts less than $ 125,000. If a charter city adopts a resolution choosing not to be subject to the Public Contracts Code, it may adopt its own procedures for selecting a public works contractor. " For example, a charter city may adopt an ordinance that reserves the right to : establish, standards, procedures, rules, or regulations to regulate all aspects of the bidding, award and performance of any Public Works contract. This allows the charter city to tailor the selection methodology to best suit the needs of the project. • ^Alternative Contract Process (Design-Build) A charter city may choose to utilize the "design-build" process for constructing public works in which the design and construction components of a project are packaged into a single contract. This eliminates the requirement under the General Law to bid the design and construction elements of a project out separately. Additional material on the Design/Build topic can be found in Appendix C. • Types of Labor General Law prohibits the use of internal labor for projects valued over $5,000 unless the city has chosen the uniform construction accounting procedures which allow the use of internal labor for projects valued under $30,000. As a charter city, the city would have the option of changing this limitation and utilizing city staff on various types of projects. Housing and Land Use As a general rule, state law provisions governing planning and zoning (e.g. the State Planning and Zoning Law) do not apply to charter cities, unless a charter city has adopted these statutes/by ordinance or through its charter, or unless the legislature requires their application. When a charter city regulates in an area of traditional local control, such as land use, the courts will presume, unless there is a clear indication in a state statute, that such regulation is not preempted by state law. Voter-initiated local land use regulations, such as the City of Carlsbad's Proposition E, present a particularly interesting example of home rule authority. Proposition E was adopted by the voters to restrict development that is not guaranteed to be concurrent with all necessary public facilities required by the development with the emphasis on ensuring good traffic circulation, schools, parks, libraries, open space and recreational amenities. Even if there is concurrency between development and public facilities, more than the maximum number of residential dwelling units established for each quadrant of the City may not be approved. The general rule is that the voters only have the authority to adopt land use regulations that could have been adopted by the city council. If the city council can't adopt the regulations, then the voters can't either. The State legislature on many occasions has tried to restrict the power of charter cities to adopt certain land use regulations or to require a charter city to approve certain types of housing developments. If a charter city adopts a regulation which conflicts with these State laws, then a court must determine whether the regulation is in an area which is a municipal affair or a matter of statewide concern. If Proposition E were challenged while the City of Carlsbad is a general law city, then the court would simply look to see if there is a conflict with the general law. If so, the general law would prevail. However, if Carlsbad becomes a charter city and voter-approved Proposition E is challenged as conflicting with the general law, then not only would a court be required to resolve the conflict, but also the court would have to consider whether the State legislature can interfere with the initiative power, which is reserved to the voters in the Constitution. One potential course of action would be to include a provision in the charter that reiterates the city's commitment to Proposition E. This would remove any confusion regarding the city's intent post-charter regarding its desire to control local land use. The use of the initiative power by the voters is arguably the ultimate expression of local control. Over the years, however, the legislature has adopted many housing and land use laws which apply to charter cities. Among the most significant are: o Adoption of a general plan (but not the requirement that zonhg be consistent with the general plan)1 o Coastal zone affordable housing requirements o Prohibition on housing discrimination o Density bonus law o Permit Streamlining law governing time limits for review and approval of developments o Subdivision Map Act : o California Environmental Quality Act o Limitation on Interim Zoning Ordinances (moratoriums) o Housing element law o Findings to assure approval of affordable housing. Financial affairs Many areas of municipal finance are preempted by state law. The most significant are: o Property tax collection and distribution o Procedure for adopting and increasing taxes 1 Although a charter city's zoning is not required to be consistent with its general plan, the city's general plan remains the "constitution" of its land use regulations and represents the city's comprehensive, long-term plan for the physical development of the city. It includes goals, policies, and programs on a wide variety of subjects of significance which will be implemented through a variety of actions, including zoning. 10 o Procedure for adopting and increasing special benefit assessments o Procedure for adopting and increasing fees for property-related services. Other areas of municipal finance remain municipal affairs. Perhaps the most significant are (1) assessment district financing; (2) the issuance of debt; (3) penalties for the violation of local ordinances; and (4) how the city chooses to spend its tax dollars. Several state statutes authorize assessment district financing for construction and maintenance of public improvements, open space, and habitat preservation, which specially benefit private properly; A charter city may, but is not required to, follow the procedures in these statutes or be constrained by the types of projects that the statutes allow to be financed with assessment district financing. A charter city may adopt an ordinance that provides for the assessment of property for public improvements, which are not covered by the state assessment statutes. Or, a charter city's ordinance might provide for the use of assessments to maintain public improvements if the maintenance of those particular public improvements is not allowed by the state assessment statutes. As noted above, however, the procedure for adopting and increasing special benefit assessments is preempted by the Constitution: the procedures required by Proposition 218 apply to charter cities. Similarly, a charter city is not restricted to the state statutes which provide for the issuance of municipal bonds. Note, however, that the debt limit found in the Constitution applies to charter cities. There may be a way, as a charter city, of varying from the state's general laws on assessment district and bond financing which would help the city in its search for the means to finance the acquisition and maintenance of open space. Be aware, however, that a case pending before the California Supreme Court may have a significant impact on the use of assessment district financing for open space. The Santa Clara Open Space Authority, for instance, comprised several of the cities in Santa Clara County and the County itself, imposed an assessment on all property owners within the jurisdiction of the Authority to fund the acquisition of open space. The Authority was required to demonstrate that each property assessed received a special benefit from the acquisition of open space. The challengers argued that it is not possible to measure the special benefit received by all of the property owners within the jurisdiction of the Authority and, 11 therefore, the assessment was in reality a tax. The Court's decision will be instructive if the city chooses to explore assessment district financing to fund the acquisition of open space. Finally, how a charter city chooses to spend its general fund has generally been interpreted to be a municipal affair. This has allowed a charter city, for example, to adopt a system which allows public financing of local election campaigns. While a charter city retains an increased degree of flexibility in this area, there are still some constraints placed upon the local agency which provide limits to the types of expenditures allowed. State Mandates The California Constitution requires reimbursement to cities for Stat© mandates. A recent amendment to the California Constitution (Proposition 1 A) strengthened the requirements that have been in the Constitution since 1980. Proposition 1A requires the Legislature to either fully fund a mandole or suspend the operation of the mandate. The requirement to be reimbursed and the procedure for reimbursement for State mandates is a matter of statewide concern. A .charter city is subject to the State law in this area. Fines, Penalties, and Forfeitures The city may enforce its ordinances by prosecuting the violator criminally in superior court; by bringing a civil action in superior court to enjoin the violation; or by imposing an administrative fine, penalty, or forfeiture outside of the court system. For general law cities, the maximum amount of an administrative fine is $ 1,000. The maximum amount only applies to charter cities for those violations that would otherwise be prosecuted as infractions. (Section 1.08.010 of the Carlsbad Municipal Code identifies which sections of the Municipal Code are'infractions). Otherwise, the maximum penalty that a charter city may impose is only restricted by the Constitutional requirement that it not be excessive. City Government There are a number of opportunities for a charter city to tailor its system of governance to local conditions: 12 o Form of government: A charter can provide for any form of government including the "strong mayor" and "city manager" forms. o Elections: A charter city may establish their own election dates and adopt rules and procedures that differ from the State Elections Code. However, election costs would increase dramatically if Carlsbad were to conduct separate elections. Elections may be either at-large or by district. o Mail ballot elections: Of the five cities surveyed,2 two (Chula Vista and Vista) allow mail ballot elections for certain purposes but not for election of candidates. Mail ballot elections provide significant cost savings. o Qualifications for public officials: A charter city may establish its own criteria and qualifications for some or all of its elected officials. o Vacancies and Termination of office: A charter city may establish criteria "for when a city office is vacated and when it is terminated; and the procedure for filling vacancies. o Compensation of council members: The state law establishes a ceiling for council members' salaries based upon population except for compensation established by city electors. A charter city may establish council members' salaries without reference to the ceilings in the state law. Both general law and charter city council members are required to have two hours of ethics training if they receive either a salary or reimbursement of council expenses. o Quorum requirements and procedures for adopting local ordinances and resolutions: A charter city may adopt procedures for enacting local ordinances. Although a charter city can establish its own quorum requirements, most charter cities follow the State law requirement that a majority of the council constitutes a quorum that is necessary to take certain actions. Certain state laws that require a super-majority vote (for example to adopt a resolution of necessity to acquire property by eminent domain) 2 Cities of Del Mar, San Marcos, Vista, and Chula Vista 13 apply to charter cities. A recent state law requires a majority of the council (instead of a majority of those present at the meeting) to adopt a resolution. This is the type of procedural rule that can be changed by a charter city. o Campaign contribution and reporting regulations: A charter city may adopt public financing of campaigns, and may establish regulations regarding campaign financing. Tho Political Reform Act and the decisions and regulations,adopted by the Fair Political Practices Commission apply to charter cities. The City Clerk has collected-material which summarizes election regulations; candidate qualifications; vacancy and termination regulations; quorum and voting requirements; public notification and meeting requirements; conflict of interest and ethics regulations; and campaign contribution and reporting regulations of the Cities of Del Mar, San Marcos, Vista, and Chula Vista Conclusion •• The purpose of becoming a charter city is to strengthen and expand home rule. Home rule is the power to control "municipal affairs." Home rule, through the adoption of a charter, provides increased flexibility in the operations of the municipal government which can translate into increased efficiency, effectiveness, and innovation. Ultimately, charter cities have greater choices and options available to them in a number of areas, including but not limited to: • Construction and Maintenance Contracting • Land Use • City Finances • State Mandates • City Government Structure • Fines, Penalties and Forfeitures A charter city need not activate its additional home rule powers in each of these areas. An interest in exercising home rule in only one of these areas is sufficient to support a decision to become a charter city. 14 Appendix A Outline of Differences Between GENERAL LAW and a CHARTER CITY Characteristic General Law City Charter City Ability to Govern Municipal Affairs Bound by the state's general law, regardless of whether the subject concerns a municipal affair. Has supreme authority over "municipal affairs." Form of Government State law describes the city's form of government For example, general law cities can be governed by a city council of five members, a city clerk, a city treasurer, a police chief, a fire chief and any subordinate officers or employees as required by law. City electors may adopt ordinances which provides for a different number of council members. The Government Code also authorizes the "city manager" form of government. Charter can provide for any form of government including the "strong mayor," and "city manager" forms. Elections Generally Municipal elections conducted in accordance with the California Elections Code. Not bound by the California Elections Code. May establish own election dates, rules, and procedures. Methods of Elections Generally hold at-large elections. Cities may choose to elect the city council "by" or "from" districts, so long as the election system has been established by ordinance and approved by the voters. Mayor may be elected by the city council or by vote of the people. May establish procedures for selecting officers. May hold at- large or district elections. City Council Member Qualifications (Less Flexible} Minimum qualifications are: 1. United States citizen 2.' At least 18 years old 3. Registered voter 4. Resident of the city at least 15 days prior to the election and throughout his or her term Can establish own criteria for city office provided it does not violate the U.S. Constitution, i.e. a person holding a city office may not be required to be a resident of the city for a specified period of time. Source: League of California Cities Appendix A Characteristic Public Funds for Candidate in Municipal Elections Term Limits Vacancies and Termination of Office Council Member Compensation and Expense Reimbursement Legislative Authority General Law City 5. If elected by or from a district, be a resident of the geographical area comprising the district from which he or she is elected. No public officer shall expend and no candidate shall accept public money for the purpose of seeking elected office; . May provide for term limits. (Less Flexible} An office becomes vacant in several instances including death, resignation, removal for failure to perform official duties, electorate irregularities, absence from meetings without permission, and upon non-residency. Salary-ceiling is set by city population and salary increases set by state law except for compensation established by city electors. If a city provides any type of compensation or payment of expenses to council members, then all council members are required to have two hours of ethics training. Ordinances may not be passed within five days of introduction unless they are urgency ordinances. Ordinances may only be passed at a regular meeting, and must be read in full at time of introduction and passage except when, after reading the title, further reading is waived. Charter City Public financing of election campaigns is lawful. May provide for term limits. (More Flexible} May establish criteria for vacating and terminating city offices so long as it does not violate the state and federal constitutions. May establish council members' salaries. If a city provides any type of compensation or payment of expenses to council members, then all council members are required to have two hours of ethics training. May establish procedures for enacting local ordinances. Source: League of California Cities Appendix A Characteristic General Law City Charter City Resolutions May establish rules regarding the procedures for adopting, amending or repealing resolutions. May establish procedures for adopting, amending or repealing resolutions. Quorum and Voting Requirements (Less Flexible] A majority of the city council constitutes a quorum for transaction of business. All ordinances, resolutions, and orders for the payment of money require a recorded majority vote of the total membership of the city council. Specific legislation requires supermajority votes for certain actions. May establish procedures and quorum requirements. However, certain legislation requiring supermajority votes is applicable to charter cities. Rules Governing Procedure and Decorum Ralph M. Brown Act is applicable. Conflict of interest laws are applicable Ralph M. Brown Act is applicable. Conflict of interest laws are applicable. May provide provisions related to ethics, conflicts, campaign financing and incompatibility of office. Personnel Matters (Less Flexible) May establish standards, requirements and procedures for hiring personnel consistent with Government Code requirements. May have "civil service" system, which includes comprehensive procedures for recruitment, hiring, testing and promotion. Meyers-Milias-Brown Act applies. May establish standards, requirements, and procedures, including compensation, terms and conditions of employment for personnel. Meyers-Milias-Brown Act applies. Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Source: League of California Cities Appendix A Characteristic General Law City Charter City Cannot require employees be residents of the city, but can require them to reside within a reasonable and specific distance of their place of employment. Contracting Services (Less Flexible) Authority to enter into contracts as outlined in the Government Code to carry out necessary functions, including those expressly granted and those implied by necessity. Full authority to contract consistent with charter. Public Contracts Competitive bidding required for public works contracts over $5,000, Such contracts must be awarded to the lowest responsible bidder. If city elects subject itself to uniform construction accounting procedures, less formal procedures may be available for contracts less than $100,000. Contracts for professional services such as private architectural, landscape architectural, engineering, environmental, land surveying, or construction management firms need not be competitively bid, but must be awarded on basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of services. Not required to comply with bidding statutes provided the city charter or a city ordinance exempts the city from such statutes, and the subject matter of the bid constitutes a municipal affair. Payment of Prevailing Wages In general, prevailing wages must be paid on public works projects over $1,000. Higher thresholds apply ($15,000 or $25,000) if the public entity has adopted a special labor compliance program. Historically, charter cities have not been bound by state law prevailing-wage requirements so long as the project is a municipal affair, and not one funded by state or federal grants. However, there is a growing trend on the part of the courts and the Legislature to expand the applicability of prevailing wages to charter cities under an analysis that argues that the payment of prevailing wages is a matter of statewide concern. Source: League of California Cities Appendix A Characteristic General Law City Charter City The California Supreme Court declined an opportunity to resolve the issue. Finance and Taxing Power Imposition of taxes and assessments subject to Proposition 218. May impose the same kinds of taxes and assessment as charter cities. May impose business license taxes for regulatory purposes, revenue purposes, or both. May not impose real property transfer tax but may impose documentary transfer taxes under certain circumstances. Imposition of taxes and assessments subject to Proposition 218, and own charter limitations Provides the power to tax. Have broader assessment powers than a general law city, as well as taxation power as determined on a case-by case basis. May proceed under a general assessment law, or enact local assessment laws and then elect to proceed under the local law. May impose business license taxes for any purpose unless limited by state or federal constitutions, or city charter. May impose real property transfer tax Streets & Sidewalks State has preempted entire field of traffic control.State has preempted entire field of traffic control. Penalties & Cost Recovery May impose fines, penalties and forfeitures, with a fine not exceeding $1,000. May enact ordinances providing for various penalties so long as such penalties do not exceed any maximum limits set by the charter. Public Utilities/Franchises May establish, purchase, and operate public works to furnish its inhabitants with electric power. (Less Flexible) May grant franchises to persons or corporations seeking to furnish light, water, power, heat, transportation or communication services in the city to allow use of city streets for such purposes. May establish, purchase, and operate public works to furnish its inhabitants with electric power. \y\ore flexible) May establish conditions and regulations on the granting of franchises to use city streets to persons or corporations seeking to furnish light, water, power, heat, transportation or communication services in the city. Source: League of California Cities Appendix A Characteristic Zoning General Law City The grant of franchises can be done through a bidding process, under the Broughton Act, or without a bidding process under the Franchise Act of 1937. Zoning ordinances must be consistent with general plan. Charter City Franchise Act of 1937 is not applicable if charter provides. Zoning ordinances are not required to be consistent with general plan unless the city has adopted a consistency requirement by charter or ordinance. Source: League of California Cities Appendix B Prevailing Wage Requirements The requirement to pay prevailing wages is one of the central motives in the discussion of transitioning from a General Law to a Charter City. Current State Law as applied to General Law cities requires those cities to pay prevailing (also referred to as "Union") wages for any public works project in excess of $5000. Charter Cities are allowed to determine their own rules and guidelines in this area, which includes the ability to pay market, instead of prevailing wages. Estimates of potential savings from paying market (local) instead of prevailing wages vary, but are generally cited as 20% or greater on labor costs and approximately 7% or greater on overall project costs, depending on market conditions. Several factors may impact any potential savings the City might realize. These factors are: • Funding Sources - any project that receives Federal or State money may be subject to existing prevailing wage laws. Examples are Redevelopment Projects and road construction projects which have received federal grants (Poinsettia Reach E). • Potential Contractors/Bidding Climate - Certain types of construction and maintenance work may be bid at a prevailing wage regardless of the City's requirements. This is due to the nature of the labor, the agreements the contractors have in place and the state of the existing bidding climate and local economy. • Scope of Work - Savings on labor is directly related to the labor intensity of the project/activity. Project size, type of construction, and the material used can all impact potential savings to the City. » Changes at the State Level - The State of California may at some point decide that payment of prevailing wage in any instance is of statewide concern which would be applied to all cities, including those governed by charters. Impacts to Carlsbad Based on an evaluation of the different funding sources, staff projects that a substantial portion of the projected revenue available for capital projects would not be constrained (under current regulations) by Federal/State prevailing wage requirements. Appendix C 1 PUBLIC WORKS CONTRACTING General Characteristics General Law City > Competitive bidding is required for public works contracts over $5,000. > Cities my elect to follow the Uniform Construction Cost Accounting Act. o Carlsbad follows the UCCAA. o Allows for less formal bidding procedures for contracts under $125,000. Charter City > When the public works contract is considered a municipal affair, a city can utilize whatever procedures are authorized by its charter and municipal code. > The California Constitution does not define the term municipal affair. The determination of whether a given activity is a municipal affair or statewide concern is done on a case-by-case basis (federal and/or state funding of the project can lead to a project to be considered a statewide concern). > Charter and municipal code take precedence over state law. > The process should be open, offering fair bidding, realizing the best use of the city's funds. Design-Build Contacts (An option open to Charter Cities) In design-build, one entity performs both design and construction under a single contract. Design-build differs from traditional design-bid-build in two ways. First, the design and construction components are packaged into a single contract. Second, the single contract is not necessarily awarded to the low bidder after competitive bidding. The award shall be made to the design-build entity whose proposal is judged as providing the best value in meeting the interest of the department and meeting the objectives of the project. Benefits to Design-Build > Potential Cost Savings o One stop shopping - the designer and construction manger work together to determine the best methods and materials, avoiding ambiguity. > Earlier Project Completion o May result in earlier completion because there is no dead time between completion of design and start of construction. > Reduced Claims Exposure o Eliminates the liability gap. Appendix C 2 • Moves away from parcelized responsibility to an integrated solution. • Reduces finger-pointing. > Project Optimization/Single Source o One contact for the project. o All changes are routed through one firm. o Reduce administrative costs. • Only one solicitation, one award and one contract to administer. Potential Problems to Design-Build > Earlier Requirements Definition o Must lock into requirements earlier than with the traditional design-bid- build process. > Less Control o Under traditional design-bid-build, city has full control over the details of plans and specs. They are not published for construction bids until fully approved. o With design-build the plans and specs may evolve with construction. -:J:"iaV\.~fp C~~U>~('K:::'~~\0\r1\t>1 Leaend:Environmental,Permits,&Studies Design ;'Advertise/Award Construction'Meetings/Hearings Financing Schedule Change OngoingProjectX Completed 10/9/2007 City of Carlsbad Projects and Initiatives 1of6 2006-07 2007-08 2008-09 I Priorities I Focus I Goal#I Project Title &Milestones I ongoing/I $ I ResourceDroiect 0 N D J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A M J 1 Citizen Connection Holder Proposition 0 Committee {Partners for Livable Communitil Barberio Phase 1:CitizensLiaisonCommittee,ProgramDefinition Phase2:PublicWorkshop,Meetingwith Committee (Nov.15/Dec.3) Phase3:CommunityFocusGroups Phase4:DesignCharrette Phase5:Presentationto City Council General Plan,LCP,&Zone Code Update,&PEIR Neu Review of RFP's&ConsultantSelection ConsultantContract Prep&CouncilApproval of Contract FinalizeCommunityVisioningPlan &CouncilApproval InitiatePhase1of UpdateProject InitiatePhase2 of UpdateProject 7/2009 to 1/2012 2 Village Standards Holder Redevelopment Standards (MP/MH Conflicted Out)Project Fountain VisualizationprojectArizona State University mHoldpublichearings-DesignReviewBoard Holdpublic hearings-HousingandRedevelopmentCommission Presentproposedstandardsto CoastalCommission 3 Joint First Responders Training Facility Hildabrand 7742 JFRTF (Fire &Shooting Range)Project under review Hammann ConceptualDesignwith RRM (Complete)Plummer Floor Plans+Cost Estimate-ToCouncil PreliminaryDesign,CUP&CEQA FinalDesign&Permits I Advertise and Award (Estimated 6 months) Construction (Estimated 24 months) Operations Plan 7839 Public Works Facility Pruim Conceptual Site Design with RRM (Complete)Plummer Preliminary Design Final Design &Permits Advertise and Award Construction Operations Plan Leaend:Environmental,Permits,&Studies ~ Design !Advertise/Award T Construction Meetings/Hearings <Financing %Schedule Change Ongoing Project X Completed 10/9/2007 City of Carlsbad Projectsand Initiatives 2of6 2006-07 2007-08 2008-09 I Priorities I Focus I Goal#I Project Title &Milestones I ongoingl I $ I Resourceproiect 0 N D J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A M J 4 Communications Hildabrand Communications Strategic Plan Implementation Project Vedder Implementation-RedesignWebsite -On HoldPending IT Department RFP in roqress.New issuesweb a eon-line. Implementation-ContentManagement(OnHold)On Hold 5 Beach and Lagoon Preservation Pruim Sandag Sand Preservation Jantz Shoreline Preservation Strategic Plan Top Priorities Continued 6 Development Process Review Holder Development Process Review Project Com Dev LT CustomerServiceInfo ProjectManagemenUTracking&PerformanceMeasures TechnologylDevelopmentServicesInformationSystemsPlan (DSISP)When PlanComplete 7 Poinsettia Reach E ProjectlFianancial Review Pruim Environmental &Permits Project 18,300,000 Hauser schedule pendinq $1,600,000 Federal Funding 8 Habitat Management Planl Open Space Holder HMP Implementing Ordinance Project Grim Management of HMP Open Space -CNLM contract Project Grim 9 Ponto Fountain Holder SCCRA (Ponto)Strategy (EIR)Project Westman Distributionof draft EIRfor publicreview Respondto commentsondraft EIR PreparationandSchedulingof AS for Certificationof EIR and Approval of PontoVision Plan PlanningCommissionHearing City CouncilHearing Submitto CoastalCommission Leaend:Environmental,Permits,&Studies ~ DeSign !Advertise/Award " . 'Construction . Meetings/Hearings ~..Financing %Schedule Change OngoingProjectX Completed 10/9/2007 City of Carlsbad Projects and Initiatives 30f6 2006-07 2007-08 2008-09 I Priorities I Focus I Goal #I Project Title &Milestones I ongoing/I $ I Resourceproiect 0 N D J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A M J 10 Traffic Management Pruim LaCosta Avenueroad diet study(new)(SchedulePending)Project Johnson Traffic Calmingefforts(new)Ongoing Johnson '" Updateof TrafficSignal QualificationList (new)Project Johnson Supportof bi-annualSANDAGCMP program (new)Project Johnson CongestionManagmentPlan 11 Alga Norte Community Park/Swim Complex Hildabrand 7787 Alga Norte Park/Aquatics Complex Project 54,500,000 Hammann Environmental,Permits,&Studies (completed) Design Plummer X Advertise and Award f'l:: Construction OperationsPlan Price 12 Railroad Quiet Zones On Hold Pruim Johnson Rancho Carlsbad Hildabrand Agua Hedionda Channel Dredging and Improvement Project 1,260,000 Hauser Environmental,Permits,&Studies Design Advertise andAward Construction Lake Calavera Outlet Repairllmprovements Project 3,800,000 Ahles Advertise and Award Construction Desalination Project Elliott Desalination Facility CoastalComm Action on EIR/PDP/SP/DA (SLCHearing10/07)I cce Action11-07 Project Design Developer I ActLJald§iandependel'1t.onactiqij of CCC Project Construction Developer I I I Regional Issues Rancho Del Oro-Oceanside Highway 78 interchange Project Johnson OnHold Regional Channel Maintenance Workgroup I " Project Hauser . 10/9/2007 i-;;riorities ,-Focus Development E G Environmental J 0 -,Goal #r Project Title &Milestones Housing Element (timeline changed to include HCD certifi( Submit to HCD/City Response/HCD 2nd review HCD Review Ends Revisions to Housing Element's CEQA &Public Revew Public Hearings (HC,PC,and CC) Submit Adopted Element to HCD/Review for certification Ag.Mitigation Committee (sunsets when $is spent or May 2009) Stormdrain Master Plan Update Environmental,Permits,and Studies Storm Water Quality Existing Permit Compliance New Permit-Commission Approval Cable Franchise CCTV Review Franchise Renewal (Pending Litigation with TW) Traffic Fee Update Senior Center Expansion Construction Carrillo Ranch Phase III (Barn)B Design State and Federal Review Advertise &Award Construction Lake Calvera Trails Master Plan Environmental,Permits,&Studies Design Advertise &Award Construction -Staging Area &Trails (Volunteers) Leaend: City of Carlsbad Projects and Initiatives 1 ong~ing/rnrOlect 1$Resource Project DeCerbo/Donnell Project Donnell Project Hauser Ongoing Lukey Project 599,000 originally500,000 Steyaert Donnell 2006-07 2007-08 OINIDIJIFIMIAIMIJIJIAISIOINIDIJIFIMIAIMIJIJIAISIOINI DIJIFIMI AIMI J 2008-09 .. ~ Pendinn ~ ~~ Environmental,Permits,8.Studies ~ Design IAdvertise/Award .'..' . '.Construction "..?Meetings/Hearings "Financing %Schedule Change OngoingProjectX Completed 40f6 Fiscal K L Parks N Project Vedder Project Hauser Project 1,611,000 Price/Steyaert Project 500,000 Steyaert Leaend:Environmental,Permits,&Studies ~ DeSign !Advertise/Award . ... ' , ".Construction Meetings/Hearings .'Financing %Schedule Change OngoingProjectX Completed 10/9/2007 City of Carlsbad Projects and Initiatives fi nfR 2006-07 2007-08 2008-09 I Priorities I Focus I Goal#I Project Title &Milestones 1 ongoingl I $ I Resourcecroiect 0 N D J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A M J Parks Continued La Costa Canyon Park Restroom Remodel 200,000 Environmental,Permits,&Studies Design Advertise/Award Construction Q Poinsettia Park Tennis Courts Project 1,089,000 Steyaert Design(Completed)originally1M Advertise &Award Construction Sanitation R VIC Sewer Interceptor Reach 11 B Project 3,549,000 Smith .."_. Design CEQAlPermits Advertise/Award Construction S VIC SewerInterceptorReach13-15A Project 13,515,200 Smith Design CEQAlPermits Advertise/Award Construction T VIC Reach 12 Agua Hedionda Lift Station Project 9,127,159 Smith Design ..".." CEQAlPermits Advertise/Award Construction U BuenaSewerInterceptor Project 2,340,000 Smith PreparecapacityownershipagreementwithVista(On Hold Pending Completionof Vista Master Plan) Construction V N.AguaHediondaSewerRehab(West)D Project 4,200,000 Smith .Permits(F&G (done),Coastal (pending),ArmyCorps(done) Design Advertise/Award Construction I- Service W City Training Facility Project no schedule,dependent uponCityCouncilaction X Fire Station 6 Project 5,400,000 Smith I I I I Advertise &Award Construction Legend:Environmental,Permits,&Studies ~ Design !Advertise/Award Construction Meetings/Hearings Financing %Schedule Change Ongoing ProjectX Completed 10/9/2007 City of Carlsbad Projects and Initiatives Footnotes A Vista Carlsbad Interceptor Sewer -fromAgua Hediondalift stationto EncinaSewer Plant B Carillo Ranch PhaseIIIincludes morethanthe barn improvements,howeverthe projectshown here isonly barn stabilization. cThe Recreation Department and Public Works Parks Division have received comments from the public in past surveys regarding the need to improve park restrooms.This project involves work on a number of restrooms to bring conditions to a higher standard. DThe North Agua Hedionda Sewer (West Section)project addresses the portion of the sewer line that traverses the east and north side of Agua Hedidonda lagoon. E Several EICamino Real projects are fundedin the currentCIP -besidesTamarack to Chestnutwidening;including various median improvementsbetween LaCostaandCVD widening at Sunnycreek,and widening North of Cougar and others. F Pavement Overlay project is ongoing with a goal of 3.4 miles per year Rnf'1': 2006-07 2007-08 2008-09 I Priorities I Focus I Goal#I Project Title &Milestones I ongoing/I $ I Resourceproject 0 N D J F M A M J J A S 0 N D J F M A M J J A S 0 N D J F M A M J Z Service Continued 7741 Performance Measurement Ongoing PerformanceMea. CitizenSurvey Team Gatherinternalmeasurmentdata Preparedraft report Presentreportto CC : AB 7785 Carlsbad City Library Learning Center Project 4,500,000 Smithson OperationPlanning Construction MoveIn/GrandOpening Transportation AC Cannon Reach 4 Project 1,761,000 Plummer pro'ect on hold EIR (NEPA)(ON HOLD) Funding (ONHOLD) Design (ON HOLD) Construction (OH HOLD) AD College Blvd -Reach A -ECR to Cannon Project Developer Hauser Design schedulependingDevelopersubmittal Construction AE ECR Widening E (TamaracktoChestnut)Project 3,864,823 Plajzer Design(On Hold.Environmentalanticipatedthrough 12/07) Advertiseand Award Construction I AI Pedestrian Master Plan Project 250,000 AJ Olivenhain and Rancho Santa Fe Improvements Plantz Financing(Completed) Advertise/Award (Completed) Construction Village AL NW Quadrant Storm Drain Study Project Plantz proiect on hold AM Coastal Rail Trail Project 4,629,761 Howard Iproject on hold I I I I