Video index
CALL TO ORDER: 6:00 P.M.
*** PLEASE NOTE: Any agenda related writings or documents provided to the majority of the Council, Board or Commission after distribution of the Agenda packet, will be available for public inspection at the City Clerk¡¦s counter located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. In addition, a binder containing all agenda related writings and documents will be held by the Deputy City Clerk at each Council, Board or Commission meeting and available for public review.
*** VISUAL MATERIALS FOR CITY COUNCIL: Visual materials should be submitted to the City Clerk¡¦s Office no later than noon on the day of a Regular Council Meeting. These materials will be placed on a computer in Council Chambers for public use. Please label all materials with the agenda item number you are representing. Please refer to the time limit maximum for items submitted for viewing. All presentations/digital materials are considered part of the maximum time limit provided to speakers. All materials exhibited to the Council during the meeting (slides, maps, etc.) are part of the public record and must be kept by the Clerk for 60 days after final Council action on the matter. Your materials will be returned upon written request.
ROLL CALL:
Closed Session Announcement.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:04:32)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:05:50)
Minutes of the Joint Special Meeting held March 18, 2008.
Minutes of the Special Meeting held March 18, 2008.
Minutes of the Regular Meeting held March 18, 2008.
Minutes of the Regular Meeting held March 25, 2008.
PRESENTATION:
Proclamation Presentation in recognition of Sober and DrugFree Life Choices Day.
Council Members stepped down off the dais to present a Proclamation to Aaron Byzak, President of the North Coastal Prevention Coalition and past President Nicole Pappas in recognition of Sober and Drug Free Life Choices Day - April 20, 2008.
Mayor Lewis read the Proclamation.
Ms. Pappas gave an overview of the event to be held on April 20, 2008. Mr. Byzak explained some changes being proposed to the event. The event will be at the Oceanside Pier on April 20, 2008 - 4/20 Remix is now the name of the event. There will be a battle of the bands at the event.
Photos taken by Media Services Bill Richmond.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Item No. 2 pulled.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:13:39)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,387 - ADVERTISE FOR BIDS. Approving contract documents, special provisions and specifications for the Summer 2008 Concrete and Hardscape Repairs, and appropriating funds; and authorizing the City Clerk to advertise for bids, Project No. 6021, Contract No. STS 08-02 Resolution No. 2008-099. ACTION:
AB #19,387
2. AB #19,388 - FINAL MAP FOR BRESSI RANCH VILLAGE CENTER . Approving the Final Map for Bressi Ranch Village Center and authorizing the Final Map to be recorded, CT 06-24. Resolution No. 2008-100. ACTION:
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support of developing a Fire Department Master Plan for the City of Carlsbad.
Motion to approve 2. AB #19,388 - FINAL MAP FOR BRESSI RANCH VILLAGE CENTER . Approving the Final Map for Bressi Ranch Village Center and authorizing the Final Map to be recorded, CT 06-24. Resolution No. 2008-100. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 2. AB #19,388 - FINAL MAP FOR BRESSI RANCH VILLAGE CENTER . Approving the Final Map for Bressi Ranch Village Center and authorizing the Final Map to be recorded, CT 06-24. Resolution No. 2008-100. ACTION: (Approved) (Recorded at 00:15:35)
AB #19,388
3. AB #19,389 - AMENDMENT TO AGREEMENT. Approving Amendment No. 2 to the agreement with Brown and Caldwell for the completion of the Carlsbad Drainage Master Plan and appropriating Planned Local Drainage Area funds, Project No. 3872. Resolution No. 2008-101. ACTION:
AB #19,389
ORDINANCES FOR ADOPTION:
4. AB #19,390 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. Adopting Ordinance No. NS-883 repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 4. AB #19,390 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. Adopting Ordinance No. NS-883 repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 4. AB #19,390 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. Adopting Ordinance No. NS-883 repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. (Approved) (Recorded at 00:16:34)
AB #19,390
5. AB #19,391 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. Adopting Ordinance No. NS-884 amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 5. AB #19,391 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. Adopting Ordinance No. NS-884 amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 5. AB #19,391 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. Adopting Ordinance No. NS-884 amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. (Approved) (Recorded at 00:17:23)
AB #19,391
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
David Ripley, 2060 Janis Way, Carlsbad. Referred to packet provided to Council regarding a certificate program with Palomar to train Nuclear Professionals ( a certificate program that will provide training for individuals to get an entry level job at San Onofre. Edison to pay for tuition for program.
Lewis, how can people obtain pacikets - Palomar College on Monday April 21st at Palomar in Board of Governors Room and at Workforce Assistance in Oceanside. Training program approximately 2 years long in response to Packard.
Glenn Bernard, 3520 Avondale Circle, Carlsbad, came forward to address Council. Mortgage Brokers want lots of information. Someone remembered he ran for Mayor and he received a phone call regarding a house to sell with Ocean View.
Cities without a view ordinance require a lot of documentation. $285000 lost for one escrow because there isn't a view ordinance.
People are going to wait until 2010 to sell home hoping there will be a view ordinance.
Michele Levy, 3021 Highland Drive, Carlsbad, expressed concerns regarding the expenditure of tax dollars. Spoke about the building formerly known as the Farmers Insurance Building. Suggested the Council implement a Fire Department Master Plan.
Mr. James Lambert, Carlsbad???, addressed Council. Asked Council to place filters on kids computers in the libraries. Library committee declined to place filters on computers due to first amendments rights and the under blocking and over blocking of information.
Referred Mr. Patrick Truman to the Library. (DOJ individual). Supplied a written copy of the public library protection act (listen to this). Carlsbad does not receive Federal Funding per gentleman. In January asked by the Mayor to supply computer expert when it comes to filters at public libraries. No one from city has contacted the experts. Question - why aren't the same filters used at the schools good for the city library. Asked Council to consider the filters.
Lewis - this is a serious situation. Asked librarian to come forward.
Heather Pizzuto, Library Director, came forward to address Council. Ms. Pizzuto explained that the Carlsbad City Libraries do not use filters; however, does electronically monitor the usage of the childrens and adult computers. Staff does review sites of concern. If repeat offenses happen individuals are suspended from library. Less than 1% of activity on all computers.
Have looked at studies that indicate do overblock and underblock by up to 15%. A recent incident where a library in another county where an individual did visit a site that should have been blocked. Have not asked Library Board to make any alternative recommendations.
Packard - have you had discussions with Carlsbad School District about why they have filters. Pizzuto we have not talked with schools.
PUBLIC HEARING:
6. AB #19,392 - 2008 TRAFFIC IMPACT FEE PROGRAM UPDATE AND DESIGNATION OF FUNDING FOR THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code updating the Traffic Impact Fees; and, To consider approving the Traffic Impact Fee Update Study, dated March 2008 and designating the circulation improvements to be funded by traffic impact fees; and, To consider revising the credit against the Traffic Impact Fee imposed by Chapter 18.42 of the Carlsbad Municipal Code for properties within the boundaries of ,and subject to, taxation by Community Facility District No. 1. Introduction of Ordinance No. NS-885. Resolution No. 2008-102. Resolution No. 2008-103. ACTION:
Senior Civil Engineer Marshall Plantz presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Existing TIF adopted in 1991.
Displayed original and current fees for residential and commercial/industrial
Reviewed costs remaining ($37.1 million) and Funding remaining ($23.5 million).
Now reviewed the RTCIP
Gave an overview of costs associated with proposed future projects.
Mr. Plantz reviewed the TIF Update - Option 1, Option 2 (based on a recent review)
Option 2 will balance.
Reality - most individuals and businesses will be in CFD #1
Gave a TIF Update Comparison Chart - Commercial/Industrial will be source of most fees
Numbers resulting on Fee Comparison would put Carlsbad in the middle with Option 2.
Mentioned amending CFD Credit Mechanism - an absolute value will keep alignment.
End of presentation.
Council Member Hall requested that Mr. Plantz go over the commercial one more time.
Mr. Plantz explained that commercial projects generate adt - current practice in TIF program allows a discount. Hall - showing a 300% increase for Commercial TIF.
Hall - what is the nexus. Plantz - for roads that developers have not been conditioned to construct. Whole community benefits from roadways. There is a connection that every project in city puts trips on the streets. The streets in TIF program are not streets conditioned to be constructed by developers. Both residential and commercial will increase 200% (based on adt).
Hall - the roads I see we need to connect - do not see a nexus in increase (looks like commercial is picking up a much larger share).
Packard - what triggered the need for a new project list?
Plantz - the TIF adopted in 1991 - series of changes in community. It was understood that the TIF fees being collected would not be sufficient to construct projects on list from 1991.
Plantz - the RTCIP required the City to collect $2,000 per unit.
Nygaard - the $2000 is included in increased fee. Yes, said Mr. Plantz.
Kulchin - Level of Service through our Growth Management Plan???
Plantz - we have a criteria in GMP that says during peak hours must function at level D or better. During normal times must be level C or better. If roads do not function properly, gmp could be impacted.
Lewis - this is last chance we will have to make corrections. If we don't make adjustment, someone will need to pick up the tab.
Plantz - we do not have existing funding source for shortfalls. Burden will land on new developers per Lewis confirmation.
Plantz - correct - the folks who have been paying since 1991 (past development has paid their share also).
Hall - go back to TIF update chart showing how much $$ will be generated. When I look at commercial in Option 1 shows $6.1 million. In option 2 shows $24.1 million. Verified industrial numbers also.
Lands left for industrial has already paid for their roads.
Open PH at 7:08 p.m.
Scott Molloy, Building Industry Association, came forward to address Council. Referenced letter (on file in the Office of the City Clerk). We are in midst in worst housing recession in U.S. History. No longer economical for projects to move forward in current climate. Experiencing escalation of fees that have increased costs of construction. Any increase in fees is going to delay housing market recovery.
By raising fees now may deter projects. Asked that fees not be implemented except for $2,000 RTIP fee (Transnet Ordinance). New fee would be existing fee plus $1,000. Also asking that current projects be grandfathered in. Lastly, request consider collecting the development impact fees and TIF at close of escrow instead of at building permit time. Other cities (Orange and Riverside) county are doing this.
Packard - that would assume that fees would be collected and roads built before close of escrow also.
Mr. Molloy explained credit process for improvements.
Packard - what BIA is proposing doesn't meet the shortfall - do you have suggestion on meeting shortfall.
Molloy - hopefully residential market will recover - do not think you will see an increase in revenue because may deter projects because of increased fee (could be a decrease in revenue).
Mr. Molloy - more money will be generated by future growth.
Kulchin - any cities collecting fees at close of escrow in SD County. Mr. Molloy - Encinitas collecting some fees at certificate of occupancy.
Kulchin - have not increased fees since 1991. Should look at fees every 2 or 3 years per Kulchin.
Close PH at 7:21 p.m.
Kulchin - why did it take so long to increase fee?
Plantz - we have known we needed to do the increase for a couple of years. Do not have an organizaitonal answer at this time.
Nygaard - there is a need to increase fees at this time.
Council Member Packard - will support tonight reluctantly - the lions share of increase is going to RTCIP - find it unfortunate for the remaining development to be carrying larger portion because of adjustment of inflation and additional projects.
Hall - given a lot of information tonight (fully understand Option 1) do not understand the economic analysis as to the community. Increase fees has an economic impact.
Trying to compete to bring top quality businesses into the City. We can create a fee (will vote for Option No. 1).
Kulchin - do not like to increase fees. Concerned with level of services. Construction costs may be down but cost of materials is going up. Kulchin - can only vote for Option 2.
Lewis - also support Option No. 2. Option 1 will impact average taxpayer.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 6. AB #19,392 - 2008 TRAFFIC IMPACT FEE PROGRAM UPDATE AND DESIGNATION OF FUNDING FOR THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code updating the Traffic Impact Fees; and, To consider approving the Traffic Impact Fee Update Study, dated March 2008 and designating the circulation improvements to be funded by traffic impact fees; and, To consider revising the credit against the Traffic Impact Fee imposed by Chapter 18.42 of the Carlsbad Municipal Code for properties within the boundaries of ,and subject to, taxation by Community Facility District No. 1. Introduction of Ordinance No. NS-885. Resolution No. 2008-102. Resolution No. 2008-103. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Packard.
Vote to approve 6. AB #19,392 - 2008 TRAFFIC IMPACT FEE PROGRAM UPDATE AND DESIGNATION OF FUNDING FOR THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code updating the Traffic Impact Fees; and, To consider approving the Traffic Impact Fee Update Study, dated March 2008 and designating the circulation improvements to be funded by traffic impact fees; and, To consider revising the credit against the Traffic Impact Fee imposed by Chapter 18.42 of the Carlsbad Municipal Code for properties within the boundaries of ,and subject to, taxation by Community Facility District No. 1. Introduction of Ordinance No. NS-885. Resolution No. 2008-102. Resolution No. 2008-103. ACTION: (Approved) (Recorded at 01:32:41)
AB #19,392
DEPARTMENTAL AND CITY MANAGER REPORT:
7. AB #19,393 - AMENDMENT TO AGREEMENT. To consider approving Amendment No. 9 to the agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2008-104. ACTION:
Special Projects Director Skip Hammann
Mr. Hammann presented the staff report and reviewed a PowrPoint Presentation (on file in the Office of the City Clerk). Gave an overview of the proposed project.
Gave details of aquatic center as being phased.
Plans and Specifications would need to be revised.
Gave an overview of current schedule (would require bid deduction).
End of Presentation.
Nygaard - if do not go with bid alternative - can be back in June and July (did not anticipate eliminating this part of project).
Hall - if we said no to that option (the fee proposal reviewed tonight does not included the deductive fee alternate.) If we eliminated that part - would it speed project? Yes, said Hammann. Would still have to go through permitting phase per Hammann.
Lewis - I can't support this - should be two segments - either water or traditional components. I thought the only thing eliminated was wet play structure, lazy river and slides.
Packard - without the other components the viability of the concession complex is significantly compromised . . . why have a kitchen?
Lewis - in reference to cost - even with elimination of structures still about a $50 million project. Hammann - have to go back to the consultants and might be cost savings.
Hammann - to approve contract with WYC and make sure we are on same page on handling the buildings.
Hammann confirmed that for Council approval is the project just to eliminate the wet play structure, moving river and pool slides. If Council was to decrease buildings will delay project.
Motion to approve 7. AB #19,393 - AMENDMENT TO AGREEMENT. To consider approving Amendment No. 9 to the agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2008-104. ACTION: Moved by Council Member Nygaard, seconded by Mayor Pro Tem Kulchin.
Vote to approve 7. AB #19,393 - AMENDMENT TO AGREEMENT. To consider approving Amendment No. 9 to the agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2008-104. ACTION: (Approved) (Recorded at 01:46:39)
Council Reports.
Adjourned at 7:52 p.m.
Assistant City Clerk announced - the Regional Water Quality Control Board Meeting.
Earth Day Beach Walk and Clean Up Scheduled.
AB #19,393
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
Apr 08, 2008 City Council Meeting
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CALL TO ORDER: 6:00 P.M.
*** PLEASE NOTE: Any agenda related writings or documents provided to the majority of the Council, Board or Commission after distribution of the Agenda packet, will be available for public inspection at the City Clerk¡¦s counter located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. In addition, a binder containing all agenda related writings and documents will be held by the Deputy City Clerk at each Council, Board or Commission meeting and available for public review.
*** VISUAL MATERIALS FOR CITY COUNCIL: Visual materials should be submitted to the City Clerk¡¦s Office no later than noon on the day of a Regular Council Meeting. These materials will be placed on a computer in Council Chambers for public use. Please label all materials with the agenda item number you are representing. Please refer to the time limit maximum for items submitted for viewing. All presentations/digital materials are considered part of the maximum time limit provided to speakers. All materials exhibited to the Council during the meeting (slides, maps, etc.) are part of the public record and must be kept by the Clerk for 60 days after final Council action on the matter. Your materials will be returned upon written request.
ROLL CALL:
Closed Session Announcement.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:04:32)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:05:50)
Minutes of the Joint Special Meeting held March 18, 2008.
Minutes of the Special Meeting held March 18, 2008.
Minutes of the Regular Meeting held March 18, 2008.
Minutes of the Regular Meeting held March 25, 2008.
PRESENTATION:
Proclamation Presentation in recognition of Sober and DrugFree Life Choices Day.
Council Members stepped down off the dais to present a Proclamation to Aaron Byzak, President of the North Coastal Prevention Coalition and past President Nicole Pappas in recognition of Sober and Drug Free Life Choices Day - April 20, 2008.
Mayor Lewis read the Proclamation.
Ms. Pappas gave an overview of the event to be held on April 20, 2008. Mr. Byzak explained some changes being proposed to the event. The event will be at the Oceanside Pier on April 20, 2008 - 4/20 Remix is now the name of the event. There will be a battle of the bands at the event.
Photos taken by Media Services Bill Richmond.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Item No. 2 pulled.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:13:39)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,387 - ADVERTISE FOR BIDS. Approving contract documents, special provisions and specifications for the Summer 2008 Concrete and Hardscape Repairs, and appropriating funds; and authorizing the City Clerk to advertise for bids, Project No. 6021, Contract No. STS 08-02 Resolution No. 2008-099. ACTION:
AB #19,387
2. AB #19,388 - FINAL MAP FOR BRESSI RANCH VILLAGE CENTER . Approving the Final Map for Bressi Ranch Village Center and authorizing the Final Map to be recorded, CT 06-24. Resolution No. 2008-100. ACTION:
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support of developing a Fire Department Master Plan for the City of Carlsbad.
Motion to approve 2. AB #19,388 - FINAL MAP FOR BRESSI RANCH VILLAGE CENTER . Approving the Final Map for Bressi Ranch Village Center and authorizing the Final Map to be recorded, CT 06-24. Resolution No. 2008-100. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 2. AB #19,388 - FINAL MAP FOR BRESSI RANCH VILLAGE CENTER . Approving the Final Map for Bressi Ranch Village Center and authorizing the Final Map to be recorded, CT 06-24. Resolution No. 2008-100. ACTION: (Approved) (Recorded at 00:15:35)
AB #19,388
3. AB #19,389 - AMENDMENT TO AGREEMENT. Approving Amendment No. 2 to the agreement with Brown and Caldwell for the completion of the Carlsbad Drainage Master Plan and appropriating Planned Local Drainage Area funds, Project No. 3872. Resolution No. 2008-101. ACTION:
AB #19,389
ORDINANCES FOR ADOPTION:
4. AB #19,390 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. Adopting Ordinance No. NS-883 repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 4. AB #19,390 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. Adopting Ordinance No. NS-883 repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 4. AB #19,390 - AMEND CHAPTERS 2.08 AND 2.44 OF THE CARLSBAD MUNICIPAL CODE AND THE PERSONNEL RULES AND REGULATIONS. Adopting Ordinance No. NS-883 repealing sections 2.44.025 and 2.44.027 and amending sections 2.08.110 and 2.44.095 of the Carlsbad Municipal Code to enact the dissolution of the Personnel Board. (Approved) (Recorded at 00:16:34)
AB #19,390
5. AB #19,391 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. Adopting Ordinance No. NS-884 amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 5. AB #19,391 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. Adopting Ordinance No. NS-884 amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 5. AB #19,391 - ESTABLISH NO PARKING ZONES ON EACH SIDE OF AFTON WAY. Adopting Ordinance No. NS-884 amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, establishing no parking on each side of Afton Way from Celinda Drive to its westerly terminus. (Approved) (Recorded at 00:17:23)
AB #19,391
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
David Ripley, 2060 Janis Way, Carlsbad. Referred to packet provided to Council regarding a certificate program with Palomar to train Nuclear Professionals ( a certificate program that will provide training for individuals to get an entry level job at San Onofre. Edison to pay for tuition for program.
Lewis, how can people obtain pacikets - Palomar College on Monday April 21st at Palomar in Board of Governors Room and at Workforce Assistance in Oceanside. Training program approximately 2 years long in response to Packard.
Glenn Bernard, 3520 Avondale Circle, Carlsbad, came forward to address Council. Mortgage Brokers want lots of information. Someone remembered he ran for Mayor and he received a phone call regarding a house to sell with Ocean View.
Cities without a view ordinance require a lot of documentation. $285000 lost for one escrow because there isn't a view ordinance.
People are going to wait until 2010 to sell home hoping there will be a view ordinance.
Michele Levy, 3021 Highland Drive, Carlsbad, expressed concerns regarding the expenditure of tax dollars. Spoke about the building formerly known as the Farmers Insurance Building. Suggested the Council implement a Fire Department Master Plan.
Mr. James Lambert, Carlsbad???, addressed Council. Asked Council to place filters on kids computers in the libraries. Library committee declined to place filters on computers due to first amendments rights and the under blocking and over blocking of information.
Referred Mr. Patrick Truman to the Library. (DOJ individual). Supplied a written copy of the public library protection act (listen to this). Carlsbad does not receive Federal Funding per gentleman. In January asked by the Mayor to supply computer expert when it comes to filters at public libraries. No one from city has contacted the experts. Question - why aren't the same filters used at the schools good for the city library. Asked Council to consider the filters.
Lewis - this is a serious situation. Asked librarian to come forward.
Heather Pizzuto, Library Director, came forward to address Council. Ms. Pizzuto explained that the Carlsbad City Libraries do not use filters; however, does electronically monitor the usage of the childrens and adult computers. Staff does review sites of concern. If repeat offenses happen individuals are suspended from library. Less than 1% of activity on all computers.
Have looked at studies that indicate do overblock and underblock by up to 15%. A recent incident where a library in another county where an individual did visit a site that should have been blocked. Have not asked Library Board to make any alternative recommendations.
Packard - have you had discussions with Carlsbad School District about why they have filters. Pizzuto we have not talked with schools.
PUBLIC HEARING:
6. AB #19,392 - 2008 TRAFFIC IMPACT FEE PROGRAM UPDATE AND DESIGNATION OF FUNDING FOR THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code updating the Traffic Impact Fees; and, To consider approving the Traffic Impact Fee Update Study, dated March 2008 and designating the circulation improvements to be funded by traffic impact fees; and, To consider revising the credit against the Traffic Impact Fee imposed by Chapter 18.42 of the Carlsbad Municipal Code for properties within the boundaries of ,and subject to, taxation by Community Facility District No. 1. Introduction of Ordinance No. NS-885. Resolution No. 2008-102. Resolution No. 2008-103. ACTION:
Senior Civil Engineer Marshall Plantz presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Existing TIF adopted in 1991.
Displayed original and current fees for residential and commercial/industrial
Reviewed costs remaining ($37.1 million) and Funding remaining ($23.5 million).
Now reviewed the RTCIP
Gave an overview of costs associated with proposed future projects.
Mr. Plantz reviewed the TIF Update - Option 1, Option 2 (based on a recent review)
Option 2 will balance.
Reality - most individuals and businesses will be in CFD #1
Gave a TIF Update Comparison Chart - Commercial/Industrial will be source of most fees
Numbers resulting on Fee Comparison would put Carlsbad in the middle with Option 2.
Mentioned amending CFD Credit Mechanism - an absolute value will keep alignment.
End of presentation.
Council Member Hall requested that Mr. Plantz go over the commercial one more time.
Mr. Plantz explained that commercial projects generate adt - current practice in TIF program allows a discount. Hall - showing a 300% increase for Commercial TIF.
Hall - what is the nexus. Plantz - for roads that developers have not been conditioned to construct. Whole community benefits from roadways. There is a connection that every project in city puts trips on the streets. The streets in TIF program are not streets conditioned to be constructed by developers. Both residential and commercial will increase 200% (based on adt).
Hall - the roads I see we need to connect - do not see a nexus in increase (looks like commercial is picking up a much larger share).
Packard - what triggered the need for a new project list?
Plantz - the TIF adopted in 1991 - series of changes in community. It was understood that the TIF fees being collected would not be sufficient to construct projects on list from 1991.
Plantz - the RTCIP required the City to collect $2,000 per unit.
Nygaard - the $2000 is included in increased fee. Yes, said Mr. Plantz.
Kulchin - Level of Service through our Growth Management Plan???
Plantz - we have a criteria in GMP that says during peak hours must function at level D or better. During normal times must be level C or better. If roads do not function properly, gmp could be impacted.
Lewis - this is last chance we will have to make corrections. If we don't make adjustment, someone will need to pick up the tab.
Plantz - we do not have existing funding source for shortfalls. Burden will land on new developers per Lewis confirmation.
Plantz - correct - the folks who have been paying since 1991 (past development has paid their share also).
Hall - go back to TIF update chart showing how much $$ will be generated. When I look at commercial in Option 1 shows $6.1 million. In option 2 shows $24.1 million. Verified industrial numbers also.
Lands left for industrial has already paid for their roads.
Open PH at 7:08 p.m.
Scott Molloy, Building Industry Association, came forward to address Council. Referenced letter (on file in the Office of the City Clerk). We are in midst in worst housing recession in U.S. History. No longer economical for projects to move forward in current climate. Experiencing escalation of fees that have increased costs of construction. Any increase in fees is going to delay housing market recovery.
By raising fees now may deter projects. Asked that fees not be implemented except for $2,000 RTIP fee (Transnet Ordinance). New fee would be existing fee plus $1,000. Also asking that current projects be grandfathered in. Lastly, request consider collecting the development impact fees and TIF at close of escrow instead of at building permit time. Other cities (Orange and Riverside) county are doing this.
Packard - that would assume that fees would be collected and roads built before close of escrow also.
Mr. Molloy explained credit process for improvements.
Packard - what BIA is proposing doesn't meet the shortfall - do you have suggestion on meeting shortfall.
Molloy - hopefully residential market will recover - do not think you will see an increase in revenue because may deter projects because of increased fee (could be a decrease in revenue).
Mr. Molloy - more money will be generated by future growth.
Kulchin - any cities collecting fees at close of escrow in SD County. Mr. Molloy - Encinitas collecting some fees at certificate of occupancy.
Kulchin - have not increased fees since 1991. Should look at fees every 2 or 3 years per Kulchin.
Close PH at 7:21 p.m.
Kulchin - why did it take so long to increase fee?
Plantz - we have known we needed to do the increase for a couple of years. Do not have an organizaitonal answer at this time.
Nygaard - there is a need to increase fees at this time.
Council Member Packard - will support tonight reluctantly - the lions share of increase is going to RTCIP - find it unfortunate for the remaining development to be carrying larger portion because of adjustment of inflation and additional projects.
Hall - given a lot of information tonight (fully understand Option 1) do not understand the economic analysis as to the community. Increase fees has an economic impact.
Trying to compete to bring top quality businesses into the City. We can create a fee (will vote for Option No. 1).
Kulchin - do not like to increase fees. Concerned with level of services. Construction costs may be down but cost of materials is going up. Kulchin - can only vote for Option 2.
Lewis - also support Option No. 2. Option 1 will impact average taxpayer.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 6. AB #19,392 - 2008 TRAFFIC IMPACT FEE PROGRAM UPDATE AND DESIGNATION OF FUNDING FOR THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code updating the Traffic Impact Fees; and, To consider approving the Traffic Impact Fee Update Study, dated March 2008 and designating the circulation improvements to be funded by traffic impact fees; and, To consider revising the credit against the Traffic Impact Fee imposed by Chapter 18.42 of the Carlsbad Municipal Code for properties within the boundaries of ,and subject to, taxation by Community Facility District No. 1. Introduction of Ordinance No. NS-885. Resolution No. 2008-102. Resolution No. 2008-103. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Packard.
Vote to approve 6. AB #19,392 - 2008 TRAFFIC IMPACT FEE PROGRAM UPDATE AND DESIGNATION OF FUNDING FOR THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code updating the Traffic Impact Fees; and, To consider approving the Traffic Impact Fee Update Study, dated March 2008 and designating the circulation improvements to be funded by traffic impact fees; and, To consider revising the credit against the Traffic Impact Fee imposed by Chapter 18.42 of the Carlsbad Municipal Code for properties within the boundaries of ,and subject to, taxation by Community Facility District No. 1. Introduction of Ordinance No. NS-885. Resolution No. 2008-102. Resolution No. 2008-103. ACTION: (Approved) (Recorded at 01:32:41)
AB #19,392
DEPARTMENTAL AND CITY MANAGER REPORT:
7. AB #19,393 - AMENDMENT TO AGREEMENT. To consider approving Amendment No. 9 to the agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2008-104. ACTION:
Special Projects Director Skip Hammann
Mr. Hammann presented the staff report and reviewed a PowrPoint Presentation (on file in the Office of the City Clerk). Gave an overview of the proposed project.
Gave details of aquatic center as being phased.
Plans and Specifications would need to be revised.
Gave an overview of current schedule (would require bid deduction).
End of Presentation.
Nygaard - if do not go with bid alternative - can be back in June and July (did not anticipate eliminating this part of project).
Hall - if we said no to that option (the fee proposal reviewed tonight does not included the deductive fee alternate.) If we eliminated that part - would it speed project? Yes, said Hammann. Would still have to go through permitting phase per Hammann.
Lewis - I can't support this - should be two segments - either water or traditional components. I thought the only thing eliminated was wet play structure, lazy river and slides.
Packard - without the other components the viability of the concession complex is significantly compromised . . . why have a kitchen?
Lewis - in reference to cost - even with elimination of structures still about a $50 million project. Hammann - have to go back to the consultants and might be cost savings.
Hammann - to approve contract with WYC and make sure we are on same page on handling the buildings.
Hammann confirmed that for Council approval is the project just to eliminate the wet play structure, moving river and pool slides. If Council was to decrease buildings will delay project.
Motion to approve 7. AB #19,393 - AMENDMENT TO AGREEMENT. To consider approving Amendment No. 9 to the agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2008-104. ACTION: Moved by Council Member Nygaard, seconded by Mayor Pro Tem Kulchin.
Vote to approve 7. AB #19,393 - AMENDMENT TO AGREEMENT. To consider approving Amendment No. 9 to the agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2008-104. ACTION: (Approved) (Recorded at 01:46:39)
Council Reports.
Adjourned at 7:52 p.m.
Assistant City Clerk announced - the Regional Water Quality Control Board Meeting.
Earth Day Beach Walk and Clean Up Scheduled.
AB #19,393
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
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