Video index

CALL TO ORDER: 6:00 P.M.

ROLL CALL:

Invocation

CM Pacakrd

PLEDGE OF ALLEGIANCE:

APPROVAL OF MINUTES:

Motion to approve Minutes of the Joint Special Meeting held May 21, 2013. Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve Minutes of the Joint Special Meeting held May 21, 2013. (Approved) (Recorded at 00:09:42)

PRESENTATIONS:

PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:

No reportable action.

Proclamation in recognition of Peter Gordon's Retirement.

Presentation of Friends of the Arts donation.

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.

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 Packard, seconded by .

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 00:25:21)

WAIVER OF ORDINANCE TEXT READING:

1. AB #21,262 - ACCEPTANCE OF DONATION. Accepting a cash donation from the Carlsbad Friends of the Arts and an in-kind donation both in support of the 2013 TGIF Jazz in the Parks summer concert series. Resolution No. 2013-147. ACTION:

AB #21,262

2. AB #21,263 - ADVERTISE FOR BIDS - PROJECT NO. 6001-13OL. Approving plans and specifications for the 2013 Pavement Overlay Project No. 6001-13OL; and, authorizing the City Clerk to advertise for bids. Resolution No. 2013-148. ACTION:

AB #21,263

3. AB #21,264 - RENEWAL OF EXCESS WORKERS' COMPENSATION INSURANCE. Authorizing the renewal of the City's Excess Workers' Compensation Insurance. Resolution No. 2013-149. ACTION:

AB #21,264

4. AB #21,265 - CERTIFY THE RESULTS OF AN ELECTION AND ADD PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1 - ANNEXATION NO. 12/13-01. Certifying the results of an election and adding property to Community Facilities District No. 1; and, directing an Amendment to the Notice of Special Tax Lien (Notice of Annexation) be recorded. Resolution No. 2013-150. ACTION:

AB #21,265

5. AB #21,266 - SUMMARY VACATION OF DRAINAGE EASEMENTS - PR 11-27. Summarily vacating drainage easements over portions of Parcels 1 and 3 of Parcel Map No. 17971, PR 11-27, generally located north of Faraday Avenue, west of College Boulevard; and, directing the City Clerk to record the resolutions, the legal descriptions and plats. Resolution No. 2013-151. Resolution No. 2013-152. ACTION:

AB #21,266

6. AB #21,267 - RENEWAL OF LIABILITY INSURANCE. Approving the purchase of liability insurance through Alliant Services, Inc. Resolution No. 2013-153. ACTION:

AB #21,267

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.

None

PUBLIC HEARINGS:

7. AB #21,268 - ENCINAS CREEK APARTMENT HOMES - SDP 01-10(A). To consider adopting a Negative Declaration and approving Site Development Plan Amendment SDP 01-10(A) to develop a 127 unit apartment project on property generally located south of Cannon Road and east of the future southerly extension of College Boulevard in Local Facilities Management Zone 15. Resolution No. 2013-154. ACTION:

Applicant Ken Cablain from Seaborn Development Company representing Holly Springs Limited the developer of the project. Encinas Creek site with the adjoining 119 acres represents the last sizeable acres of the Kelly Ranch.

opened 7:35 pm

diane nygaard - preserve calavera spoke in support of the project - affordable housing and not taking one inch of natural open space. concern notransit service be conditioned to enter into agreement to provide contribution to have transit service to that area.

rebuttal of applicant - no issue with participating with north county transit district to supply bus service to this area.

Blackburn, asked for clarification regarding the bus service applicant - grading and physical improvements is being accommodated. also would enter into an agreement with NCTD. closed 7:39

blackburn - how do we add the enter into a bus agreement to condition. Christer - through plan check process for improvement plans, grading plans to build the project, nctd is contacted to get a sign off that their requirements have been satisfied. Christer explained the process describbed during the planning commission meeting.

CM Douglas asked about the financial obligation would the bus route bring about. City Planner don neu - city has not received a request from MCTD to provide funding. No project where developer has been asked to contribute funds to get a bus service route. Christer - no information on how much $$ would be douglas - any other project been condition to require a n agreement with nctd. don neu - no, only pay or install the improvements for bus service. douglas clarified that project will maintain the bus turnout.

the interpretation of policy no 22 is inaccurate - that nctd will ask for is a study to determine if service is warranted in that area. study cound result in a route change or route extension to occur.recommendation from nctd - no conditions be added to the project we could required to fund the study but this type of process has not occurred in the past. when the projects come online, nctd will do a study.

blaclburn - clarify adopt reso as written conditions already includes the bus stop.

Motion to approve 7. AB #21,268 - ENCINAS CREEK APARTMENT HOMES - SDP 01-10(A). To consider adopting a Negative Declaration and approving Site Development Plan Amendment SDP 01-10(A) to develop a 127 unit apartment project on property generally located south of Cannon Road and east of the future southerly extension of College Boulevard in Local Facilities Management Zone 15. Resolution No. 2013-154. ACTION: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve 7. AB #21,268 - ENCINAS CREEK APARTMENT HOMES - SDP 01-10(A). To consider adopting a Negative Declaration and approving Site Development Plan Amendment SDP 01-10(A) to develop a 127 unit apartment project on property generally located south of Cannon Road and east of the future southerly extension of College Boulevard in Local Facilities Management Zone 15. Resolution No. 2013-154. ACTION: (Approved) (Recorded at 00:55:59)

AB #21,268

8. AB #21,269 - VILLAGE MASTER PLAN CHANGES - MP 12-01(A). To consider approving amendments to the Village Master Plan and Design Manual (MP 12-01(A) to stimulate Village development and activity by making limited, specific changes to non-residential uses and parking and design standards, and to improve use of the document through minor clarifications and edits. Resolution No. 2013-155. ACTION:

Steve Gibson and Ashley Wesmon - Urban Place Consulting Group. Improve the retail mix offering in the Village. Amendments to the VMP provide more opportunity to create more retail space. Reuse of space. AShley addressed the parking study conducted last summer. Steve said a complete overhaul of the master plan still needs to be completed.

Blackburn - residential parking - o visitor spots for smaller projects was input from the businesses from the village garnered? scott - busness oweners were not direcly contacted about that change - response to all of the changes was favorable.

opened public hearing 7:21 closed ph 7:21

Motion to approve 8. AB #21,269 - VILLAGE MASTER PLAN CHANGES - MP 12-01(A). To consider approving amendments to the Village Master Plan and Design Manual (MP 12-01(A) to stimulate Village development and activity by making limited, specific changes to non-residential uses and parking and design standards, and to improve use of the document through minor clarifications and edits. Resolution No. 2013-155. ACTION: Moved by Council Member Blackburn, seconded by .

Vote to approve 8. AB #21,269 - VILLAGE MASTER PLAN CHANGES - MP 12-01(A). To consider approving amendments to the Village Master Plan and Design Manual (MP 12-01(A) to stimulate Village development and activity by making limited, specific changes to non-residential uses and parking and design standards, and to improve use of the document through minor clarifications and edits. Resolution No. 2013-155. ACTION: (Approved) (Recorded at 01:31:23)

Packard returned to dais at 7:25 p.m.

AB #21,269

9. AB #21,270 - CARLSBAD FARMER'S MARKET - RP 13-03. To consider approving a Major Review Permit to relocate the existing Wednesday Certified Farmers Market from a public parking lot located on Roosevelt Street to the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south, for an initial timeframe of two (2) years. Resolution No. 2013-156. ACTION:

Blackburn - asked about bollards - what is cost of bollards - Bryan Jones - cylendircal steel device that weighs about 80 lbs that goes itno a sleeve into the ground and the bollard rises and cost is approximately under $30,000. $12 04 $13, 000 to purchase..

Woods about hours between3 and 7 and number of coaster stops during that time frame.

Packard stated there were five stops of coaster trains during the farmers market timeframe.

Douglas - asked about electric signs to attract attention shannon - there is a signange plan and electric signs are not part of the plan. steve gibson electric signs are very expensive to operate and there is a full sign program informing people about the farmers makret including at the coaster stop douglas asked if the signs were permanent gibson - no will be taken in after each market - not at the point of permanent signs yet.

Packard - spacing issues between the vendor booths and brick and mortar stores. gibson - didnt hear this as concern at all, sidewalk is completely open, booths are set back 7 feet from the curb.

opened ph at 7:46

Belynn Gonzalez - spoke is support of the farmers market Debra Ferraro - spoke in support of the farmers market - concerned that her bsuiness was not going to be considered in relocating with the farmer market move (yoga and causes for community non profit group) referenced Condition No. 15 to the conditions of the market. Request that Council consider modifying the condition no 15 to include local pending non profit organizations, specifically those who have had a presence in the farmers market in the past four months . Alfredo Gonzalez - spoke in support of the farmers market - in support of the bollards

steve gibson - applicant - does have a designated non-profit booth, a different no profit group will rotate through the booth. two slight modifications to conditions condition no 6 - boundaries of farmers market - goal that the market is expandable by next spring into the next block north on state street, allow a modification of the boundaries by an administrative review permit by the city planner and not return to the pc or council. condition no. 16 fire lane - currently trucks are projhibited - modify to allowing the modification of the no trucks policy by administrative review permit by the city planner.

closed ph at 8:01

shannon - condition no. 15 - no issue with the addition of pending to the condition. item no 16 - planning issue - no issue Chief Davis - stated he could support the modification to that condition item no 6 - Shannon - could add boundaries to condition no 7 to the modification to hours.

Celia Brewer - condition 16 to change language to include the required 20 foot fire access must be maintained at all times - withdrawn Chief Davis stated the fire department could support an adrministrative review process to determine if the space for trucks is adequate.

Reconvene 8:14

Blackburn - asked if the roadway was city owned GVP - portion was dedicated as part of the original development by the odeveloper at no cost to the citizens

Motion to approve 9. AB #21,270 - CARLSBAD FARMER'S MARKET - RP 13-03. To consider approving a Major Review Permit to relocate the existing Wednesday Certified Farmers Market from a public parking lot located on Roosevelt Street to the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south, for an initial timeframe of two (2) years. Resolution No. 2013-156. ACTION: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve 9. AB #21,270 - CARLSBAD FARMER'S MARKET - RP 13-03. To consider approving a Major Review Permit to relocate the existing Wednesday Certified Farmers Market from a public parking lot located on Roosevelt Street to the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south, for an initial timeframe of two (2) years. Resolution No. 2013-156. ACTION: (Approved) (Recorded at 02:18:28)

AB #21,270

10. AB #21,271 - VACATION OF PORTION OF VAN ALLEN WAY - STV 11-01. To consider vacating a portion of Van Allen Way, from Faraday Avenue to its northerly terminus, STV 11-01; and, directing the City Clerk to record the resolution, legal description and plat. Resolution No. 2013-157. ACTION:

AB #21,271

Meeting Paused

Meeting Resumed

11. AB #21,272 - McDONALD'S RESTAURANT - CUP 94-02x2(A), CDP 13-02. To consider approving a Conditional Use Permit Amendment No. CUP 94-02x2(A) and Coastal Development Permit No. CDP 13-02 to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant (McDonald's) building on a 0.75 acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas. Resolution No. 2013-158. ACTION:

Opened PH 8:21

Jessica Steiner representing McDonalds came forth to answer any questions Council might have.

Closed Ph at 8:22 p.m.

CM Blackburn asked if it was possible to streamline steps required to modify existing building (get this. Don stated item coming forth to Council regarding modifications to the commercial overlay zone improvements Second phase of modifications to zone ordinance will be comring forth during the general plan amendment

Motion to approve 11. AB #21,272 - McDONALD'S RESTAURANT - CUP 94-02x2(A), CDP 13-02. To consider approving a Conditional Use Permit Amendment No. CUP 94-02x2(A) and Coastal Development Permit No. CDP 13-02 to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant (McDonald's) building on a 0.75 acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas. Resolution No. 2013-158. ACTION: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve 11. AB #21,272 - McDONALD'S RESTAURANT - CUP 94-02x2(A), CDP 13-02. To consider approving a Conditional Use Permit Amendment No. CUP 94-02x2(A) and Coastal Development Permit No. CDP 13-02 to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant (McDonald's) building on a 0.75 acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas. Resolution No. 2013-158. ACTION: (Approved) (Recorded at 02:26:42)

AB #21,272

ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY OF CARLSBAD CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT BOARD

CALL TO ORDER:

ROLL CALL:

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.

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 Packard, seconded by .

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 02:27:29)

ITem No. 13 only

WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.

12. AB #21,273 - APPROVE MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES ASSOCIATION. Approving a Memorandum of Understanding with the Carlsbad City Employees' Association (CCEA); and, authorizing the City Manager to execute the Memorandum of Understanding; and, authorizing the Administrative Services Director to appropriate funds to support the Memorandum of Understanding between representatives of management and the CCEA. Council Resolution No. 2013-159. CMWD Resolution No. 1473. ACTION:

Human Resources Director Julie Clark gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).

Mayor Hall - asked Julie to address article no. 53 Julie - certain amount of work performed by ccea employeess city has set up a process that involves ccea represented employees.

Pam Drew CCEA President stated that the new evaluation system to benefit the employees and city.

Motion to approve 12. AB #21,273 - APPROVE MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES ASSOCIATION. Approving a Memorandum of Understanding with the Carlsbad City Employees' Association (CCEA); and, authorizing the City Manager to execute the Memorandum of Understanding; and, authorizing the Administrative Services Director to appropriate funds to support the Memorandum of Understanding between representatives of management and the CCEA. Council Resolution No. 2013-159. CMWD Resolution No. 1473. ACTION: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve 12. AB #21,273 - APPROVE MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES ASSOCIATION. Approving a Memorandum of Understanding with the Carlsbad City Employees' Association (CCEA); and, authorizing the City Manager to execute the Memorandum of Understanding; and, authorizing the Administrative Services Director to appropriate funds to support the Memorandum of Understanding between representatives of management and the CCEA. Council Resolution No. 2013-159. CMWD Resolution No. 1473. ACTION: (Approved) (Recorded at 02:41:05)

AB #21,273

13. AB #21,274 - REPORT OUT SETTLEMENT AGREEMENT Reporting out the Settlement Agreement between the City of Carlsbad, Carlsbad Municipal District Board and Dominion of Canada General Insurance Company. ACTION:

AB #21,274

ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD

CALL TO ORDER:

ROLL CALL:

APPROVAL OF MINUTES:

Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 02:41:45)

Minutes of the Joint Special Meeting held on May 21, 2013 (CMWD Board only).

PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:

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.

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 Packard, seconded by .

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 02:42:02)

WAIVER OF ORDINANCE TEXT READING:

14. AB #771 - QUITCLAIM OF PORTION OF WATERLINE EASEMENT - PR 08-19 Quitclaiming of a portion of water line easement lying over a portion of Lot "G" of Rancho Agua Hedionda, generally located at 2006 Palomar Airport Road, at McClellan-Palomar Airport, PR 08-19. Resolution No. 1474. ACTION:

AB #771

ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING

Citizen Joseph Mahon addressed Council on speeding on residential streets in the Aviara neighborhood with a PowerPoint presentation (on file in the Office of the City Clerk) using the street Towhee. He stated that many vehicles are traveling at 40-45 miles per hour on residential streets where the speed limit is 25 miles per hour (use alot less). Cited a study conducted by the city on 3/21/12 regarding livable streets and speeding on residential streets. Mr. Mahon is asking for speed cushions.

Counciil Member Blackburn asked if the roadway qulifies for the 25 mile per hour speed limit. Bryan Jones stated that the road is a 25 mile per hour street - its ranked 23 out of 24 in the traffic management program of the residential streets. Blackburn - are speed cushions successful Jones - on Donna Drive - have reduced speed when used appropriately, Blackburn - costs? Jones - $5k each

Packard what percent of residents signed the petition Mahon 80% Packard - hat is criteria that establishes ranking and is there something that Mahon can do to move up on the ranking Jones - ranking based on the traffic volumen on raodway, speed, collision history and a number of of at critical speed of uch as proximity of a school. Top nine streets (get the rest of Bryan's speech) Data gathered uniformly does not support moving up the list.

Mr. Mahon countered that he felt his street was not liveable. Mayor - addressed the formulas that are taken into consideration on how to prioritize and fund street-related programs. Respond to Mr. Mahon within two weeks with a course of action.

DEPARTMENTAL AND CITY MANAGER REPORTS

15. AB #21,275 - CITIZEN PRESENTATION REGARDING PUBLIC SAFETY ON RESIDENTIAL STREETS. To receive a presentation from Joseph Mahon regarding public safety on residential streets. ACTION:

AB #21,275

16. AB #21,276 - SAN DIEGO GAS & ELECTRIC ENERGY OUTLOOK AND RATE CHANGE UPDATE. To receive a presentation from representatives of San Diego Gas & Electric on the summer energy outlook and upcoming SDG&E rate change. ACTION:

SDG&E has been working to alleviate any potential loss of power over the summer months. Workiing to develop long term solutions due to SONGS retiring 9 years earlier than expected. Address the community fire safety program, emergency response Summer Bills - anticipating this september - explained that tiers -

AB #21,276

17. AB #21,277 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2013-160 and 2013-161. ACTION:

Motion to approve 17. AB #21,277 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2013-160 and 2013-161. ACTION: Moved by Mayor Hall, seconded by .

Vote to approve 17. AB #21,277 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2013-160 and 2013-161. ACTION: (Approved) (Recorded at 03:25:43)

Adjournment 9:227

AB #21,277

PUBLIC COMMENT: Continuation of the Public Comments (if necessary)

Jun 18, 2013 City Council, Carlsbad Municipal Water District Board and Community Development Commission Meeting

Full agenda
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CALL TO ORDER: 6:00 P.M.

ROLL CALL:

Invocation

CM Pacakrd

PLEDGE OF ALLEGIANCE:

APPROVAL OF MINUTES:

Motion to approve Minutes of the Joint Special Meeting held May 21, 2013. Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve Minutes of the Joint Special Meeting held May 21, 2013. (Approved) (Recorded at 00:09:42)

PRESENTATIONS:

PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:

No reportable action.

Proclamation in recognition of Peter Gordon's Retirement.

Presentation of Friends of the Arts donation.

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.

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 Packard, seconded by .

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 00:25:21)

WAIVER OF ORDINANCE TEXT READING:

1. AB #21,262 - ACCEPTANCE OF DONATION. Accepting a cash donation from the Carlsbad Friends of the Arts and an in-kind donation both in support of the 2013 TGIF Jazz in the Parks summer concert series. Resolution No. 2013-147. ACTION:

AB #21,262

2. AB #21,263 - ADVERTISE FOR BIDS - PROJECT NO. 6001-13OL. Approving plans and specifications for the 2013 Pavement Overlay Project No. 6001-13OL; and, authorizing the City Clerk to advertise for bids. Resolution No. 2013-148. ACTION:

AB #21,263

3. AB #21,264 - RENEWAL OF EXCESS WORKERS' COMPENSATION INSURANCE. Authorizing the renewal of the City's Excess Workers' Compensation Insurance. Resolution No. 2013-149. ACTION:

AB #21,264

4. AB #21,265 - CERTIFY THE RESULTS OF AN ELECTION AND ADD PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 1 - ANNEXATION NO. 12/13-01. Certifying the results of an election and adding property to Community Facilities District No. 1; and, directing an Amendment to the Notice of Special Tax Lien (Notice of Annexation) be recorded. Resolution No. 2013-150. ACTION:

AB #21,265

5. AB #21,266 - SUMMARY VACATION OF DRAINAGE EASEMENTS - PR 11-27. Summarily vacating drainage easements over portions of Parcels 1 and 3 of Parcel Map No. 17971, PR 11-27, generally located north of Faraday Avenue, west of College Boulevard; and, directing the City Clerk to record the resolutions, the legal descriptions and plats. Resolution No. 2013-151. Resolution No. 2013-152. ACTION:

AB #21,266

6. AB #21,267 - RENEWAL OF LIABILITY INSURANCE. Approving the purchase of liability insurance through Alliant Services, Inc. Resolution No. 2013-153. ACTION:

AB #21,267

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.

None

PUBLIC HEARINGS:

7. AB #21,268 - ENCINAS CREEK APARTMENT HOMES - SDP 01-10(A). To consider adopting a Negative Declaration and approving Site Development Plan Amendment SDP 01-10(A) to develop a 127 unit apartment project on property generally located south of Cannon Road and east of the future southerly extension of College Boulevard in Local Facilities Management Zone 15. Resolution No. 2013-154. ACTION:

Applicant Ken Cablain from Seaborn Development Company representing Holly Springs Limited the developer of the project. Encinas Creek site with the adjoining 119 acres represents the last sizeable acres of the Kelly Ranch.

opened 7:35 pm

diane nygaard - preserve calavera spoke in support of the project - affordable housing and not taking one inch of natural open space. concern notransit service be conditioned to enter into agreement to provide contribution to have transit service to that area.

rebuttal of applicant - no issue with participating with north county transit district to supply bus service to this area.

Blackburn, asked for clarification regarding the bus service applicant - grading and physical improvements is being accommodated. also would enter into an agreement with NCTD. closed 7:39

blackburn - how do we add the enter into a bus agreement to condition. Christer - through plan check process for improvement plans, grading plans to build the project, nctd is contacted to get a sign off that their requirements have been satisfied. Christer explained the process describbed during the planning commission meeting.

CM Douglas asked about the financial obligation would the bus route bring about. City Planner don neu - city has not received a request from MCTD to provide funding. No project where developer has been asked to contribute funds to get a bus service route. Christer - no information on how much $$ would be douglas - any other project been condition to require a n agreement with nctd. don neu - no, only pay or install the improvements for bus service. douglas clarified that project will maintain the bus turnout.

the interpretation of policy no 22 is inaccurate - that nctd will ask for is a study to determine if service is warranted in that area. study cound result in a route change or route extension to occur.recommendation from nctd - no conditions be added to the project we could required to fund the study but this type of process has not occurred in the past. when the projects come online, nctd will do a study.

blaclburn - clarify adopt reso as written conditions already includes the bus stop.

Motion to approve 7. AB #21,268 - ENCINAS CREEK APARTMENT HOMES - SDP 01-10(A). To consider adopting a Negative Declaration and approving Site Development Plan Amendment SDP 01-10(A) to develop a 127 unit apartment project on property generally located south of Cannon Road and east of the future southerly extension of College Boulevard in Local Facilities Management Zone 15. Resolution No. 2013-154. ACTION: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve 7. AB #21,268 - ENCINAS CREEK APARTMENT HOMES - SDP 01-10(A). To consider adopting a Negative Declaration and approving Site Development Plan Amendment SDP 01-10(A) to develop a 127 unit apartment project on property generally located south of Cannon Road and east of the future southerly extension of College Boulevard in Local Facilities Management Zone 15. Resolution No. 2013-154. ACTION: (Approved) (Recorded at 00:55:59)

AB #21,268

8. AB #21,269 - VILLAGE MASTER PLAN CHANGES - MP 12-01(A). To consider approving amendments to the Village Master Plan and Design Manual (MP 12-01(A) to stimulate Village development and activity by making limited, specific changes to non-residential uses and parking and design standards, and to improve use of the document through minor clarifications and edits. Resolution No. 2013-155. ACTION:

Steve Gibson and Ashley Wesmon - Urban Place Consulting Group. Improve the retail mix offering in the Village. Amendments to the VMP provide more opportunity to create more retail space. Reuse of space. AShley addressed the parking study conducted last summer. Steve said a complete overhaul of the master plan still needs to be completed.

Blackburn - residential parking - o visitor spots for smaller projects was input from the businesses from the village garnered? scott - busness oweners were not direcly contacted about that change - response to all of the changes was favorable.

opened public hearing 7:21 closed ph 7:21

Motion to approve 8. AB #21,269 - VILLAGE MASTER PLAN CHANGES - MP 12-01(A). To consider approving amendments to the Village Master Plan and Design Manual (MP 12-01(A) to stimulate Village development and activity by making limited, specific changes to non-residential uses and parking and design standards, and to improve use of the document through minor clarifications and edits. Resolution No. 2013-155. ACTION: Moved by Council Member Blackburn, seconded by .

Vote to approve 8. AB #21,269 - VILLAGE MASTER PLAN CHANGES - MP 12-01(A). To consider approving amendments to the Village Master Plan and Design Manual (MP 12-01(A) to stimulate Village development and activity by making limited, specific changes to non-residential uses and parking and design standards, and to improve use of the document through minor clarifications and edits. Resolution No. 2013-155. ACTION: (Approved) (Recorded at 01:31:23)

Packard returned to dais at 7:25 p.m.

AB #21,269

9. AB #21,270 - CARLSBAD FARMER'S MARKET - RP 13-03. To consider approving a Major Review Permit to relocate the existing Wednesday Certified Farmers Market from a public parking lot located on Roosevelt Street to the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south, for an initial timeframe of two (2) years. Resolution No. 2013-156. ACTION:

Blackburn - asked about bollards - what is cost of bollards - Bryan Jones - cylendircal steel device that weighs about 80 lbs that goes itno a sleeve into the ground and the bollard rises and cost is approximately under $30,000. $12 04 $13, 000 to purchase..

Woods about hours between3 and 7 and number of coaster stops during that time frame.

Packard stated there were five stops of coaster trains during the farmers market timeframe.

Douglas - asked about electric signs to attract attention shannon - there is a signange plan and electric signs are not part of the plan. steve gibson electric signs are very expensive to operate and there is a full sign program informing people about the farmers makret including at the coaster stop douglas asked if the signs were permanent gibson - no will be taken in after each market - not at the point of permanent signs yet.

Packard - spacing issues between the vendor booths and brick and mortar stores. gibson - didnt hear this as concern at all, sidewalk is completely open, booths are set back 7 feet from the curb.

opened ph at 7:46

Belynn Gonzalez - spoke is support of the farmers market Debra Ferraro - spoke in support of the farmers market - concerned that her bsuiness was not going to be considered in relocating with the farmer market move (yoga and causes for community non profit group) referenced Condition No. 15 to the conditions of the market. Request that Council consider modifying the condition no 15 to include local pending non profit organizations, specifically those who have had a presence in the farmers market in the past four months . Alfredo Gonzalez - spoke in support of the farmers market - in support of the bollards

steve gibson - applicant - does have a designated non-profit booth, a different no profit group will rotate through the booth. two slight modifications to conditions condition no 6 - boundaries of farmers market - goal that the market is expandable by next spring into the next block north on state street, allow a modification of the boundaries by an administrative review permit by the city planner and not return to the pc or council. condition no. 16 fire lane - currently trucks are projhibited - modify to allowing the modification of the no trucks policy by administrative review permit by the city planner.

closed ph at 8:01

shannon - condition no. 15 - no issue with the addition of pending to the condition. item no 16 - planning issue - no issue Chief Davis - stated he could support the modification to that condition item no 6 - Shannon - could add boundaries to condition no 7 to the modification to hours.

Celia Brewer - condition 16 to change language to include the required 20 foot fire access must be maintained at all times - withdrawn Chief Davis stated the fire department could support an adrministrative review process to determine if the space for trucks is adequate.

Reconvene 8:14

Blackburn - asked if the roadway was city owned GVP - portion was dedicated as part of the original development by the odeveloper at no cost to the citizens

Motion to approve 9. AB #21,270 - CARLSBAD FARMER'S MARKET - RP 13-03. To consider approving a Major Review Permit to relocate the existing Wednesday Certified Farmers Market from a public parking lot located on Roosevelt Street to the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south, for an initial timeframe of two (2) years. Resolution No. 2013-156. ACTION: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve 9. AB #21,270 - CARLSBAD FARMER'S MARKET - RP 13-03. To consider approving a Major Review Permit to relocate the existing Wednesday Certified Farmers Market from a public parking lot located on Roosevelt Street to the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south, for an initial timeframe of two (2) years. Resolution No. 2013-156. ACTION: (Approved) (Recorded at 02:18:28)

AB #21,270

10. AB #21,271 - VACATION OF PORTION OF VAN ALLEN WAY - STV 11-01. To consider vacating a portion of Van Allen Way, from Faraday Avenue to its northerly terminus, STV 11-01; and, directing the City Clerk to record the resolution, legal description and plat. Resolution No. 2013-157. ACTION:

AB #21,271

Meeting Paused

Meeting Resumed

11. AB #21,272 - McDONALD'S RESTAURANT - CUP 94-02x2(A), CDP 13-02. To consider approving a Conditional Use Permit Amendment No. CUP 94-02x2(A) and Coastal Development Permit No. CDP 13-02 to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant (McDonald's) building on a 0.75 acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas. Resolution No. 2013-158. ACTION:

Opened PH 8:21

Jessica Steiner representing McDonalds came forth to answer any questions Council might have.

Closed Ph at 8:22 p.m.

CM Blackburn asked if it was possible to streamline steps required to modify existing building (get this. Don stated item coming forth to Council regarding modifications to the commercial overlay zone improvements Second phase of modifications to zone ordinance will be comring forth during the general plan amendment

Motion to approve 11. AB #21,272 - McDONALD'S RESTAURANT - CUP 94-02x2(A), CDP 13-02. To consider approving a Conditional Use Permit Amendment No. CUP 94-02x2(A) and Coastal Development Permit No. CDP 13-02 to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant (McDonald's) building on a 0.75 acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas. Resolution No. 2013-158. ACTION: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve 11. AB #21,272 - McDONALD'S RESTAURANT - CUP 94-02x2(A), CDP 13-02. To consider approving a Conditional Use Permit Amendment No. CUP 94-02x2(A) and Coastal Development Permit No. CDP 13-02 to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant (McDonald's) building on a 0.75 acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas. Resolution No. 2013-158. ACTION: (Approved) (Recorded at 02:26:42)

AB #21,272

ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY OF CARLSBAD CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT BOARD

CALL TO ORDER:

ROLL CALL:

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.

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 Packard, seconded by .

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 02:27:29)

ITem No. 13 only

WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.

12. AB #21,273 - APPROVE MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES ASSOCIATION. Approving a Memorandum of Understanding with the Carlsbad City Employees' Association (CCEA); and, authorizing the City Manager to execute the Memorandum of Understanding; and, authorizing the Administrative Services Director to appropriate funds to support the Memorandum of Understanding between representatives of management and the CCEA. Council Resolution No. 2013-159. CMWD Resolution No. 1473. ACTION:

Human Resources Director Julie Clark gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).

Mayor Hall - asked Julie to address article no. 53 Julie - certain amount of work performed by ccea employeess city has set up a process that involves ccea represented employees.

Pam Drew CCEA President stated that the new evaluation system to benefit the employees and city.

Motion to approve 12. AB #21,273 - APPROVE MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES ASSOCIATION. Approving a Memorandum of Understanding with the Carlsbad City Employees' Association (CCEA); and, authorizing the City Manager to execute the Memorandum of Understanding; and, authorizing the Administrative Services Director to appropriate funds to support the Memorandum of Understanding between representatives of management and the CCEA. Council Resolution No. 2013-159. CMWD Resolution No. 1473. ACTION: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve 12. AB #21,273 - APPROVE MEMORANDUM OF UNDERSTANDING WITH THE CARLSBAD CITY EMPLOYEES ASSOCIATION. Approving a Memorandum of Understanding with the Carlsbad City Employees' Association (CCEA); and, authorizing the City Manager to execute the Memorandum of Understanding; and, authorizing the Administrative Services Director to appropriate funds to support the Memorandum of Understanding between representatives of management and the CCEA. Council Resolution No. 2013-159. CMWD Resolution No. 1473. ACTION: (Approved) (Recorded at 02:41:05)

AB #21,273

13. AB #21,274 - REPORT OUT SETTLEMENT AGREEMENT Reporting out the Settlement Agreement between the City of Carlsbad, Carlsbad Municipal District Board and Dominion of Canada General Insurance Company. ACTION:

AB #21,274

ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD

CALL TO ORDER:

ROLL CALL:

APPROVAL OF MINUTES:

Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Packard, seconded by .

Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 02:41:45)

Minutes of the Joint Special Meeting held on May 21, 2013 (CMWD Board only).

PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:

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.

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 Packard, seconded by .

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 02:42:02)

WAIVER OF ORDINANCE TEXT READING:

14. AB #771 - QUITCLAIM OF PORTION OF WATERLINE EASEMENT - PR 08-19 Quitclaiming of a portion of water line easement lying over a portion of Lot "G" of Rancho Agua Hedionda, generally located at 2006 Palomar Airport Road, at McClellan-Palomar Airport, PR 08-19. Resolution No. 1474. ACTION:

AB #771

ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING

Citizen Joseph Mahon addressed Council on speeding on residential streets in the Aviara neighborhood with a PowerPoint presentation (on file in the Office of the City Clerk) using the street Towhee. He stated that many vehicles are traveling at 40-45 miles per hour on residential streets where the speed limit is 25 miles per hour (use alot less). Cited a study conducted by the city on 3/21/12 regarding livable streets and speeding on residential streets. Mr. Mahon is asking for speed cushions.

Counciil Member Blackburn asked if the roadway qulifies for the 25 mile per hour speed limit. Bryan Jones stated that the road is a 25 mile per hour street - its ranked 23 out of 24 in the traffic management program of the residential streets. Blackburn - are speed cushions successful Jones - on Donna Drive - have reduced speed when used appropriately, Blackburn - costs? Jones - $5k each

Packard what percent of residents signed the petition Mahon 80% Packard - hat is criteria that establishes ranking and is there something that Mahon can do to move up on the ranking Jones - ranking based on the traffic volumen on raodway, speed, collision history and a number of of at critical speed of uch as proximity of a school. Top nine streets (get the rest of Bryan's speech) Data gathered uniformly does not support moving up the list.

Mr. Mahon countered that he felt his street was not liveable. Mayor - addressed the formulas that are taken into consideration on how to prioritize and fund street-related programs. Respond to Mr. Mahon within two weeks with a course of action.

DEPARTMENTAL AND CITY MANAGER REPORTS

15. AB #21,275 - CITIZEN PRESENTATION REGARDING PUBLIC SAFETY ON RESIDENTIAL STREETS. To receive a presentation from Joseph Mahon regarding public safety on residential streets. ACTION:

AB #21,275

16. AB #21,276 - SAN DIEGO GAS & ELECTRIC ENERGY OUTLOOK AND RATE CHANGE UPDATE. To receive a presentation from representatives of San Diego Gas & Electric on the summer energy outlook and upcoming SDG&E rate change. ACTION:

SDG&E has been working to alleviate any potential loss of power over the summer months. Workiing to develop long term solutions due to SONGS retiring 9 years earlier than expected. Address the community fire safety program, emergency response Summer Bills - anticipating this september - explained that tiers -

AB #21,276

17. AB #21,277 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2013-160 and 2013-161. ACTION:

Motion to approve 17. AB #21,277 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2013-160 and 2013-161. ACTION: Moved by Mayor Hall, seconded by .

Vote to approve 17. AB #21,277 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2013-160 and 2013-161. ACTION: (Approved) (Recorded at 03:25:43)

Adjournment 9:227

AB #21,277

PUBLIC COMMENT: Continuation of the Public Comments (if necessary)

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