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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