HomeMy WebLinkAbout2008-04-15; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 15, 2008
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Nygaard.
Absent: None.
LEGISLATIVE INVOCATION:
Pastor Stan Gold from the First Baptist Church of Carlsbad gave the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were
unanimously approved as presented:
Minutes from the Special Meeting held April 1, 2008.
Minutes from the Regular Meeting held April 1, 2008.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Carlsbad Communications Manager Debbie Grady
in recognition of Public Safety Telecommunicators Appreciation Week, April 13-19, 2008. Ms.
Grady and Charlie Knust of North County Dispatch JPA thanked Council for their recognition
and support.
Mayor Lewis presented a Proclamation to Library Director Heather Pizzuto in recognition of
National Library Week, April 13-19, 2008. Ms. Pizzuto shared information about Carlsbad
Reads Together 2008.
Arthur Wood, President of the Friends of Carlsbad Library also spoke in support of National
Library Week and shared with the Council some of the organizations fundraising endeavors.
Mayor Lewis thanked the Friends of the Library for their donations toward the Library's
Learning Center.
Mayor Lewis presented a Proclamation in recognition of National Arbor Week, April 19-26,
2008 to Public Works Director Glenn Pruim. Mr. Pruim expressed his appreciation for
Council's support and announced some of the activities planned by the Public Works
Department in recognition of National Arbor Week.
April 15, 2008 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR:
Item Nos. 1, 5 and 6 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of
the Consent Calendar, Items #2, 3 and 4 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #19.394 - ACCEPT AND APPROPRIATE A DONATION FROM THE FRIENDS OF
THE CARLSBAD LIBRARY.
This item was pulled for discussion.
2. AB #19.395 - CONTINUATION OF LOCAL EMERGENCY FOR REPAIR OF SINKHOLE
AND STORM DRAIN AT CAMEO ROAD TO EL CAMINO REAL.
Council adopted RESOLUTION NO. 2008-106. continuing the Declaration of Local
Emergency for repair of the sinkhole and storm drain from 2283 Cameo Road to El
Camino Real, Project No. 6607.
3. AB #19.397 - TERMINATION OF DECLARATION OF LOCAL EMERGENCY AT
TAMARACK AVENUE.
Council adopted RESOLUTION NO. 2008-107. declaring the termination of the Local
Emergency for repair of the sinkhole, crib wall and utilities on the 2400 block of
Tamarack Avenue.
4. AB #19.398 - ACCEPT AND APPROPRIATE HOMELAND SECURITY GRANT
PROGRAM FUNDS.
Council adopted RESOLUTION NO. 2008-108. accepting a grant from the Homeland
Security Grant Program's Urban Area Security Initiative for the Carlsbad Community
Emergency Response Team Program, and authorizing the appropriation of funds.
5. AB #19.399 - ACCEPTANCE OF DONATION FOR CITYSTUFF PROGRAM.
This item was pulled for discussion.
6. AB #19.400 - OUT-OF-STATE TRAVEL.
This item was pulled for discussion.
April 15, 2008 Carlsbad City Council Meeting Page 3
DISCUSSION OF CONSENT CALENDAR ITEMS:
1. AB #19.394 - ACCEPT AND APPROPRIATE A DONATION FROM THE FRIENDS OF
THE CARLSBAD LIBRARY.
Library Director Heather Pizzuto, came forward to address Council on behalf of Arthur Wood,
President of Friends of the Library. Ms. Pizzuto requested that the Council accept the
donation from Friends of the Carlsbad Library.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-105. accepting a donation from the Friends of
the Carlsbad Library, acknowledging an additional pledge in direct
support for the Carlsbad Library Learning Center, and authorizing the
appropriation of received funds.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
5. AB #19.399 -ACCEPTANCE OF DONATION FOR CITYSTUFF PROGRAM.
Sue Irey, Carlsbad Community Volunteer Coordinator, came forward to address Council. Ms.
Irey gave a brief overview of the donation from Posideon Resources explaining that the
donation will facilitate publication of the CityStuff booklets entitled "Carlsbad Becomes a City".
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2008-109. accepting a donation from Poseidon
Resources Corporation for the CityStuff Program.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
6. AB #19.400 - OUT-OF-STATE TRAVEL.
Michelle Levy, Carlsbad, spoke in support of developing a Fire Department Master Plan for
the City of Carlsbad.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2008-110. approving out-of-state travel for the
Community Volunteer Coordinator to attend the 2008 Points of Light
National Conference on Volunteering and Service from May 31 to June 4,
2008, in Atlanta, Georgia.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
April 15, 2008 Carlsbad City Council Meeting Page 4
ORDINANCE FOR INTRODUCTION:
7. AB #19.401 - ESTABLISH NO PARKING FROM 12:00 MIDNIGHT TO 5:00 A.M. ON A
PORTION OF CELINDA DRIVE. KIMBERLY COURT. SHAWN COURT AND DANA
COURT.
Deputy City Attorney Paul Edmonson titled the Ordinance.
Christine Raymond, Carlsbad, requested that Council postpone their vote regarding the
proposed parking restrictions in the Brentwood Heights neighborhood.
In response to an inquiry from Council Member Hall, Ms. Raymond stated that some
members of the Homeowner's Association would like more time to discuss options.
In response to an inquiry from Council Member Packard, Ms. Raymond stated that she had
not attended the previous Homeowner's Association meeting when the topic was discussed.
Dana Marver, Carlsbad, requested that Council postpone their decision regarding the parking
restrictions on Celinda Drive. He suggested posting "No Pedestrian Crossing" signage at the
intersection of Carlsbad Village Drive and Celinda Drive to deter people from parking on
Celinda Drive and then walking across the street to the Rising Glen Apartment Complex.
Mayor Lewis asked Mr. Marver if he had attended any of the Homeowners' Association
meetings to express his opinion.
Mr. Marver replied that he had not been informed about the meetings held by the
Homeowners' Association.
James Eaton, Carlsbad, came forward to address Council. Mr. Eaton spoke in support of the
proposed parking restrictions on Celinda Drive.
Walt Unterseher, Carlsbad, also spoke in support of the proposed parking restrictions on
Celinda Drive. However, he stated that he would prefer parking permits for residents.
Fred Timm, Carlsbad, came forward with a petition (on file in the Office of the City Clerk)
signed by seven residents on Celinda Drive opposing the proposed parking restrictions on
Celinda Drive. Mr. Timm spoke in support of parking permits for residents of the
neighborhood.
Eugene Adan, Carlsbad, came forward to address Council. Mr. Adan gave details relating to
the methods used to notify the residents in the Brentwood Heights neighborhood about the
parking issues and the discussions with City staff searching for solutions.
Wayne Rosenbaum, Carlsbad, spoke in support of the proposed parking restrictions on
Celinda Drive.
A representative from Policewatchdog.org expressed concerns relating to the lack of
adequate legal parking areas for individuals living in their automobiles.
April 15, 2008 Carlsbad City Council Meeting Page 5
Council Member Nygaard confirmed with the City Manager that if the proposed parking
restrictions are approved, Council will be given an update regarding the parking situation on
Celinda Drive in approximately six months.
Council discussion ensued regarding their support for the proposed parking restriction.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council approved
ORDINANCE NO. NS-886. establishing no parking from 12:00
midnight to 5:00 a.m. on a portion of Celinda Drive, Kimberly
Court, Shawn Court and Dana Court. To consider amending Title
10, Chapter 10.40 of the Carlsbad Municipal Code, to declare no
parking on a portion of Celinda Drive, Kimberly Court, Shawn
Court and Dana Court from 12:00 midnight to 5:00 a.m., seven
days a week.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCE FOR ADOPTION:
8. AB #19.402 - 2008 TRAFFIC IMPACT FEE PROGRAM UPDATE.
Deputy City Attorney Paul Edmonson titled the Ordinance.
Mayor Lewis announced that the Council had received several letters (on file in the Office of
the City Clerk) requesting that this item be continued.
Council Member Hall spoke in favor of continuing the item.
Mayor Lewis stated that he does not want the average citizen to bare the burden of the fee
increase.
Council Member Packard concurred with Mayor Lewis; however, he too asked that the item
be continued to allow the Council time to review the issues raised in the correspondence
received from the community.
Senior Civil Engineer Marshall Plantz explained that the timeline to implement the fees
introduced in the Ordinance requires adoption by April 22, 2008. He further explained that the
fees must be adopted 60 days prior to taking effect and that the Regional Transportation
Congestion Improvement Program (RTCIP) requires implementation of the increased fees set
by the TransNet Extension Ordinance by July 1, 2008.
In response to an inquiry from Council Member Packard, Mr. Plantz explained that staff is
recommending that Council adopt the Ordinance as introduced to enable the City to fully fund
the future projects in the Traffic Impact Fee (TIF) Program.
Mayor Lewis confirmed with staff that if the TIF Program update is not adopted, developers
will continue to pay fees based on the existing fee schedule.
April 15, 2008 Carlsbad City Council Meeting Page 6
Interim City Manager Lisa Hildabrand suggested that Council continue the item to the April
22, 2008 City Council Meeting.
Council concurred to continue the item to the Regular City Council Meeting of April 22, 2008.
PUBLIC COMMENT:
Mike McFadden, Carlsbad, came forward to address Council. Mr. McFadden spoke in
support of the Life Sharing Organ Donation Program. He informed Council that April is
National Donate Life Month and shared his personal experience with the life saving organ
donation program.
In response to an inquiry from Mayor Pro Tern Kulchin, Mr. McFadden explained that
additional information regarding the Organ Donor Program can be obtained at
www.organdonor.gov, www.donatelifecalifornia.org, and www.lifesharing.org.
Knox Williams, Carlsbad, came forward to present information about Endow Carlsbad, a
charitable organization. Mr. Williams stated that Endow Carlsbad had raised $100,000 and
invited the Council to attend a reception at the Museum of Making Music on April 30, 2008 at
which time Endow Carlsbad will be awarding their first two grants.
Don Christiansen, Carlsbad, addressed Council regarding the expansion of efforts to diversify
Carlsbad's energy supplies. He also informed Council of the American Solar 2008 Society
Conference scheduled for May 3-8, 2008 in San Diego. Mr. Christiansen stated that
additional information could be obtained at www.ases.org.
Angela O'Hara, Carlsbad, Chairperson of the Carlsbad Beach Preservation Committee, came
forward to invite Council to participate in the Earth Day Beach Walk scheduled for Saturday,
April 19, 2008 at Tamarack Beach from 10:00 a.m. to 2:00 p.m.
A representative from Policewatchdog.org expressed concerns regarding police officer
accountability.
PUBLIC HEARING:
9. AB #19.403 - WEED ABATEMENT.
Fire Marshal Jim Weigand presented the staff report. He explained that if Council adopts the
proposed Resolution, abatement action will begin on May 15, 2008.
Mayor Lewis opened the duly noticed Public Hearing at 7:30 p.m. and asked if anyone would
like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:30 p.m.
April 15, 2008 Carlsbad City Council Meeting Page 7
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-111. directing the Fire Chief to abate nuisances by having
weeds, rubbish and refuse removed from identified parcels.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER
DISTRICT.
Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at
7:30 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Public Financing Authority and reconvened
the City Council Meeting at 8:03 p.m. with all five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. AB #19.404 - ESTABLISH CARLSBAD COMMUNITY EMERGENCY RESPONSE TEAM
(CERT) PROGRAM AND PROVIDING WORKERS' COMPENSATION COVERAGE TO
CERT VOLUNTEERS.
Emergency Preparedness Coordinator David Harrison presented the staff report and reviewed a
PowerPoint Presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Nygaard, Mr. Harrison confirmed that the
screening process for potential Community Emergency Response Team (CERT) volunteers
will be the same as the screening process as used in the City's Volunteer Program.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-112. establishing the Carlsbad Community Emergency
Response Team (CERT) Program and extending the City's Workers'
Compensation coverage to CERT volunteers.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
11. AB #19.405-ECONOMIC DEVELOPMENT OVERVIEW PRESENTATION.
Finance Director Lisa Irvine and Economic Development and Real Estate Manager Cynthia
Haas presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of
the City Clerk).
April 15, 2008 Carlsbad City Council Meeting Page 8
Ms. Irvine gave an overview of the current and future economic outlook for the City of Carlsbad.
She commented that the State budget deficit may result in the State of California utilizing a
portion of Carlsbad's gas tax cash flow.
Ms. Haas explained that Carlsbad is experiencing a slow down in residential and commercial
development due to current economic conditions.
In response to an inquiry from Council Member Packard, Ms. Irvine explained that Carlsbad is
anticipating sales tax revenues to be 1.5% lower than originally projected for the current fiscal
year.
In response to Council Member Hall, Ms. Irvine stated that economists are projecting that the
economy will begin to recover in approximately 20 months.
Council Member Hall asked if staff has developed a plan to energize the Carlsbad economy.
Ms. Haas replied that staff plans to re-evaluate land uses through the goal process as well as
developing programs and incentives to stimulate the economy.
Mayor Pro Tern Kulchin asked if staff can determine how much conferences affect the Transient
Occupancy Tax (TOT) received from the various hotels throughout the City.
Ms. Haas commented that staff is unable to determine the portion of the TOT resulting from
conferences being held at the various hotels.
In response to Council Member Packard, Ms. Irvine stated that the Crossings at Carlsbad Golf
Course has generated more revenue than initially anticipated for the months of March and April.
Council received the report.
12.AB #19.406 - CITY COUNCIL POLICY NO. 73 74 REGARDING GENERAL FUND
RESERVE GUIDELINES.
NOTE: The City Council Policy Number assigned to this agenda item was incorrect.
The correct Policy Number is Council Policy No. 74 - General Fund Reserve Guidelines.
Finance Director Lisa Irvine presented the staff report and reviewed a PowerPoint Presentation
(on file in the Office of the City Clerk).
Ms. Irvine explained that many cities establish a General Fund Reserve Policy to ensure an
adequate General Fund balance is kept in reserves to deal with unforeseen situations such as the
following:
• Unfunded Legislative or Judicial Mandates
• Economic Downturn or Increases in Inflation
• Reduced Revenues
• Federal/State/County Budget Cuts
• One-time City Council Approved Expenditures
• Natural Disasters
April 15, 2008 Carlsbad City Council Meeting Page 9
Council Member Packard suggested that the Council consider establishing a minimum reserve
balance of 40% to 50% of the City's General Fund Operating Expenditures. He further explained
that setting the minimum reserve balance at the higher level will force future Carlsbad councils to
carefully consider any actions that will bring the balance below 40%.
Mayor Lewis commented that regardless of what minimum reserve percentage is established, the
City Council has the ability to go below the set minimum by obtaining three votes in favor of such
action.
Council Member Hall suggested that the item be continued to give the Council an opportunity to
consider what the appropriate reserve would be for Carlsbad. Mr. Hall also stated that he would like
to suggest that any change of the reserve policy by a future Council require four votes rather than
three.
In response to an inquiry from Mayor Lewis, Deputy City Attorney Edmonson stated that under a
Charter City form of government Council can establish a policy to require a four/fifths or "super-
majority" vote in order to change the allowable minimum reserve balance.
Ms. Irvine commented that establishing the minimum reserve balance at such a high percentage as
suggested by Council Member Packard may result in difficulty maintaining adequate funds to meet
the City's necessary expenditures.
Council concurred to continue the item to the Regular Council Meeting of April 22, 2008 for
further discussion.
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some committees
and sub-committees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS:
City Clerk Lorraine M. Wood announced that Council has been invited and may attend the
following upcoming events:
Thursday, April 17, 2008 - 5:00 p.m.
Carlsbad Citizens' Academy
Carlsbad City Hall Council Chambers
1200 Carlsbad Village Drive
Carlsbad, California
April 15, 2008 Carlsbad City Council Meeting Page 10
ADJOURNMENT:
By proper motion, the Regular Meeting of April 15, 2008 was adjourned at 9:23 p.m.
LORRAINE M. WOOQTCMC
City Clerk
Sheila R. Cobian
Deputy City Clerk