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 Kulchin, 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 00:23:43)

1-5

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 #20,997 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Keenan & Associates to provide third party administration of workers' compensations claims; and, authorizing the Mayor to execute the agreement. Resolution No. 2012-214. ACTION:

AB #20,997

2. AB #20,998 - APPROVE AGREEMENT. Approving the agreement for vehicle outfitting and retrofitting services of new emergency vehicles with Johnson Equipment Company; and, authorizing the Mayor to execute the agreement. Resolution No. 2012-215. ACTION:

AB #20,998

3. AB #20,999 - APPROVE AMENDMENT TO AGREEMENT. Approving amendment No. 9 to the agreement with Bureau Veritas North America, Inc. for engineering services for the El Camino Real widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2012-216. ACTION:

AB #20,999

4. AB #21,000 - NOTICE OF COMPLETION. Accepting the construction of the 2011 Slurry Seal, Project No. 6001-11SS as complete; and, directing the recordation of a Notice of Completion and release of bonds in accordance with State Law and City Ordinances. Resolution No. 2012-217. ACTION:

AB #21,000

5. AB #21,005 - ESTABLISHMENT OF CARLSBAD GOLF LODGING BUSINES IMPROVEMENT DISTRICT (CGLBID). Declaring the intention of the City of Carlsbad to establish the Carlsbad Golf Lodging Business Improvement District (CGLBID) and fixing the time and place of the Public Meeting and fixing the time and place of the Public Hearing on the matter. Resolution No. 2012-221. ACTION:

AB #21,005

6. AB #21,001 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of July 31, 2012. ACTION:

Glenn Bernard came forward to address Council. He spoke about his concerns regarding the financial health of the city and the amount of retirement benefits it pays to its employees. Would like to see cities disincorporate.

Vote to approve 7. AB #21,002 - SPECIAL EVENT GRANT REQUEST. To consider the request from the Carlsbad Music Festival for Special Events Grant funding for the 9th Annual Carlsbad Music Festival, to be held September 21 through 23, 2012. Resolution No. 2012-218. ACTION: (Approved) (Recorded at 00:44:30)

Motion to approve 7. AB #21,002 - SPECIAL EVENT GRANT REQUEST. To consider the request from the Carlsbad Music Festival for Special Events Grant funding for the 9th Annual Carlsbad Music Festival, to be held September 21 through 23, 2012. Resolution No. 2012-218. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .

Motion to approve 6. AB #21,001 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of July 31, 2012. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .

Vote to approve 6. AB #21,001 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of July 31, 2012. ACTION: (Approved) (Recorded at 00:29:40)

AB #21,001

PUBLIC COMMENT:

Pete Biltcheck came forward to address Council. Mr. Biltcheck spoke about midblock crosswalks along Carlsbad Boulevard. Would like to see the engineering take place along this street. Addressed cross walk stencil warning (before the crosswalk) at Cherry street. motorists signs need to be consolidated and placed at a standard sized level.

Michele Levy spoke about her concerns regarding the City Council considering the outsourcing of parks maintenance staff.

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.

DEPARTMENTAL AND CITY MANAGER REPORTS:

Matt McBane, founder of the festival, came forward to address Council. Thanked CarlsbadMusicfestival.org for contact information.

7. AB #21,002 - SPECIAL EVENT GRANT REQUEST. To consider the request from the Carlsbad Music Festival for Special Events Grant funding for the 9th Annual Carlsbad Music Festival, to be held September 21 through 23, 2012. Resolution No. 2012-218. ACTION:

AB #21,002

8. AB #21,006 - DEVELOPMENT IMPACT FEE DEFERRAL REPORT. To receive a report regarding the deferral of development impact fees; and, to consider directing the city attorney to return with implementing documents. ACTION:

AB #21,006

Matt asked about the timing that the fees take place at the time of occupancy.

Thomas Kraus Carlsbad stated he was concerned that after speaking to other cities with this policy the other cities reported no increase in building activity. He added that we was concerned that the city was creating an administrative burden, there will be no cash flow into the city - was not in support.

Mr. Winkles President BIA came forward and stated Carlsbad was one of the last cities in the County to implement this policy. Urged Council to adopt this policy,

CM Packard asked for clarification regarding the certificate of occupancy and payment of fees.

Peterson replied that it will not matter who owns the property the fees will need to be paid before a certificate of occupancy can be given by the city.

CM Ball stated there may be situations where the fees may be delayed. (get this)

Direct the city attorney to return with the necessary doc.s

AB #21,006

9. AB #21,003 - ENVISION CARLSBAD DRAFT PREFERRED PLAN. To consider accepting the report on the Envision Carlsbad Draft Preferred Plan; and, to consider directing staff to utilize the plan in the preparation of the General Plan update and program environmental impact report. Resolution No. 2012-219. ACTION:

CM Packard PAR Corridor - addressed changing industrial to residential by request of property owners or the EC3 Committee.

GB - in order tomeet housing element needs, new land needed to be found Changing zoned industrial property to residential.

CM Packard - get this.

GB - the parcels were chosen based on commercial service areas and land having enough separation from the industrial. Took surrounding land uses into consideration. Mr. Barbario cited some examples.

CM Douglas explain what changing land use to have more housing.

GB - rehna - state program, mandated to provide housing needs for very low income, low income and moderate income residents. If the city does not meet this requirement the city's housing element would not be consistent with its general plan and could require the city not to be able to issue housing permits. the city is only responsible for the land use designation.

CM Douglas address the fact that the city will probably exceed the rehna requirement. She referred to page no 26 in the book,

Cm Blackburn address eight properties that are potential controversial properties, asked why EC3 did not pursue the other seven properties ie Bressi Ranch.

GB - Bressi Ranch site - leave it as PI, applicant can file GP amendment on their own.

BM Blackburn - Basin BJ parcel

GB - proponent prosed this change late in the process, proximity of services was considered, quadrant capacity numbers.

GB could not provide costs or if it would delay the eir. Could perhaps cost share with the proeprty owners.

Cm Douglas - Can city add the the properties not in consideration into the eir report. How much would it cost .

Kulchin - landowner wants to hcange the designation on the property and no eir was conducted, property owner pays.

GB stated that the environmental analysis may show various things. Timing wise the biggest delay would be to delay the housing element - city could face penalties.

Meeting resumet at 8:05

Diane Nygaard Preserve Calavera requested Council consider adding more open space to the Quarry Creek project.

Joan Herso??? on behalf of the Buena Vista Audubon Society urged the Council to include additional open space in the Quarry Creek project.

Bill Hoffmann, representing H.G. Fenton, came forward and provided a PowerPoint presentation to Council (on file in the Office of the City Clerk).Addressed why a high density residential project was appropriate for their site. Urged Council to support staff's and PC's recommendations.

Todd??? Corky McMillan Companies request the PC's recommendations on Focus Area No 3 and defer decisions on any proposed changes to the master planning process instead of the general plan process.

Jack Henthorn representing Integral Communities came forward to address Council with a PowerPoint presentation (on file in the Office of the City Clerk). Consider inlcuding the site in the eir analysis.

Mr. Henthorn stated he would have to work with staff to determine the costs.

CM Douglas asked about the cost sharing.

Craig Bean, representing Lone Star, study and see what you can find out regarding the Ponto area. Addressed densities taking into consideration the need of residential and the number of units that can be built. (July 17 PC ltr). also address sewer lines, property next to the property owned by Lone Star are encumbered with numerous utilities.

Ted Chang President of Techbilt Companies owner of property at intersection of Faraday and El Fuerte Street the lot is particularly well suited to be redesignated - urged support of Council.

Mayor Hall asked about mixing industrial and residential on Farady could become an issue in brining in a world class business

Mr. Chang disagreed stated that he does not foresee an issue.

Ophie Escobedo came forward to address Council stating she was representing the Barrio area and was concerned that this area did not loose its identity and heritage. She also stated that she was concerned about the land use designation of land use to R30 on land surrounding the barrio.

Nina Hall Vista spoke in support of preserving the panhandle in the Quarry Creek project.

Don Christiansen spoke in support of preserving open space in Quarry Creek.

Shelley Hayes Carron spoke in support of panhandle in Quarry Creek.

Mike Howes , Howes Weiler & Assoc. requested a revision to a chart on page 18 of the agenda bill, regarding dwelling units add that a note be added to the chart.

Thomas Kraus regarding area no 10, addressed the agenda bill

Cherie Alverado Carlsbad rezoning property on Tyler the barrio has a stigma concerned about as progress goes on does Carlsbad need a barrio - would like to see the barrio changed to the village. would like to see it improved with a name change.

Patrice Danaher Carlsbad preserving open space at buena creek valley.

Mayor Hall - Quarry Creek - asked GB to show the timeline. GB EIR for public review in the fall and the first PH in the first quarter of 2013. MH - is quarry creek moving faster? GB - ph about the same time. mh - how long eir on GP take to prepare and public review GB -nd of 2012 or early 2013

Don Neu - projecting in schedule for quarry creek in Feb or march - several months before envision carlsbad. any decisions made by Council will factor into the timeline on envision carlsbad.

CM Packard - downtown area - what is current approved density on those areas. GB - Village area - no change land use designations approved densities is 35 du per acre. recommendation on perimeter of barrio redesignate as R30 which is lower, recommendation is based on existing development in the area. CM Packard Barrio terminology - GB the vote the PC took related to the land use not to the name. City does not name or unname neighborhoods. CM Packard - Mr. Howes request to add a note to the chart GB - not opposed to the recommendation

CM Blackburn - Palomar Oaks W. property not being evaluated by EC3. if property owners want to bring it forward outside of ec3 what is process how long does it take. GB - any proeprty/owner can apply for GP amendment.

Kulchin - asked if the czoning wasn't change to a higher density in the 80s and there was an outcry and it was changed back. GB the barrio at one time had much higher density zoning. Kulchin - Ted Chang property

Mayor Hall would like staff to review if the BJ Basin is in the same quadrant as the Techbilt property and if there can be an offset of quadrant limits.

Cm Packard EIR on staff recommendations to property land use designation. Process of piggybacking them on to the EIR how does the process work and who pays for what? GB - part of the Envision budget includes and eir on whatever the plan becomes. if the same level analysis with another alternative or two there will likely be some additional costs Budget may cover may not. do not know what impact might be. Packard can you add staff or do you have to stay with the same team. GB - use the same team. Dhiat Battia rep addressed policy issues - how to represent the additional properties in the eir

Discussion ensued amoung staff and COuncil regarding the quadrant caps and densities.

Cm Douglas stated she would like to go forward with an eir on all of the properties. Gb stated that if Council directed staff to proceed with an eir on all of the properties staff can do this.

CM Blackburn accept report and staff come back with recommendations on the additional seven properties not considered in the envision carlsbad plan.

Matt yuarry Creek on right path no need to put on Bressi Ranch no La Costa Resort - no Aviara PA10 -no yes Paloarm Oakr Cm Blackburn disagreed that it was not appropriate at this time to decide. CA Ball - a program eir vs project eir - at program eir stage studying all eight properties compromises staff. CA BAlls suggestion (page 5) including the modifications contaianed in the memo dated September 12, and including the footnote in the ltr. howes weiler dated september 12, including the following properties shown on exhibit 9 , Paloar aks West, BJ Basin, Robertson Ranch PA 22, Ponto Vilalge parcel provided that you can come up with cost sharing agreements

move council adopted resol accpeing the report and directing staff to utilize said plan and inlcude the comments made by the CA. and city planner do cost sharing agreements. unanimous.

Adjournments: 9:49

AB #21,003

10. AB #21,004 - SENIOR COMMISSION APPOINTMENT. To consider appointing one member to the Senior Commission. Resolution No. 2012-220. ACTION:

AB #21,004

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

Sep 11, 2012 City Council Meeting

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

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.

1-5

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 #20,997 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Keenan & Associates to provide third party administration of workers' compensations claims; and, authorizing the Mayor to execute the agreement. Resolution No. 2012-214. ACTION:

AB #20,997

2. AB #20,998 - APPROVE AGREEMENT. Approving the agreement for vehicle outfitting and retrofitting services of new emergency vehicles with Johnson Equipment Company; and, authorizing the Mayor to execute the agreement. Resolution No. 2012-215. ACTION:

AB #20,998

3. AB #20,999 - APPROVE AMENDMENT TO AGREEMENT. Approving amendment No. 9 to the agreement with Bureau Veritas North America, Inc. for engineering services for the El Camino Real widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2012-216. ACTION:

AB #20,999

4. AB #21,000 - NOTICE OF COMPLETION. Accepting the construction of the 2011 Slurry Seal, Project No. 6001-11SS as complete; and, directing the recordation of a Notice of Completion and release of bonds in accordance with State Law and City Ordinances. Resolution No. 2012-217. ACTION:

AB #21,000

5. AB #21,005 - ESTABLISHMENT OF CARLSBAD GOLF LODGING BUSINES IMPROVEMENT DISTRICT (CGLBID). Declaring the intention of the City of Carlsbad to establish the Carlsbad Golf Lodging Business Improvement District (CGLBID) and fixing the time and place of the Public Meeting and fixing the time and place of the Public Hearing on the matter. Resolution No. 2012-221. ACTION:

AB #21,005

6. AB #21,001 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of July 31, 2012. ACTION:

Motion to approve 6. AB #21,001 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of July 31, 2012. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .

Vote to approve 6. AB #21,001 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of July 31, 2012. ACTION: (Approved) (Recorded at 00:29:40)

AB #21,001

PUBLIC COMMENT:

Michele Levy spoke about her concerns regarding the City Council considering the outsourcing of parks maintenance staff.

DEPARTMENTAL AND CITY MANAGER REPORTS:

Matt McBane, founder of the festival, came forward to address Council. Thanked CarlsbadMusicfestival.org for contact information.

7. AB #21,002 - SPECIAL EVENT GRANT REQUEST. To consider the request from the Carlsbad Music Festival for Special Events Grant funding for the 9th Annual Carlsbad Music Festival, to be held September 21 through 23, 2012. Resolution No. 2012-218. ACTION:

AB #21,002

8. AB #21,006 - DEVELOPMENT IMPACT FEE DEFERRAL REPORT. To receive a report regarding the deferral of development impact fees; and, to consider directing the city attorney to return with implementing documents. ACTION:

AB #21,006

Matt asked about the timing that the fees take place at the time of occupancy.

Mr. Winkles President BIA came forward and stated Carlsbad was one of the last cities in the County to implement this policy. Urged Council to adopt this policy,

CM Packard asked for clarification regarding the certificate of occupancy and payment of fees.

Peterson replied that it will not matter who owns the property the fees will need to be paid before a certificate of occupancy can be given by the city.

CM Ball stated there may be situations where the fees may be delayed. (get this)

Direct the city attorney to return with the necessary doc.s

AB #21,006

9. AB #21,003 - ENVISION CARLSBAD DRAFT PREFERRED PLAN. To consider accepting the report on the Envision Carlsbad Draft Preferred Plan; and, to consider directing staff to utilize the plan in the preparation of the General Plan update and program environmental impact report. Resolution No. 2012-219. ACTION:

CM Packard PAR Corridor - addressed changing industrial to residential by request of property owners or the EC3 Committee.

GB - in order tomeet housing element needs, new land needed to be found Changing zoned industrial property to residential.

CM Packard - get this.

GB - the parcels were chosen based on commercial service areas and land having enough separation from the industrial. Took surrounding land uses into consideration. Mr. Barbario cited some examples.

CM Douglas explain what changing land use to have more housing.

CM Douglas address the fact that the city will probably exceed the rehna requirement. She referred to page no 26 in the book,

Cm Blackburn address eight properties that are potential controversial properties, asked why EC3 did not pursue the other seven properties ie Bressi Ranch.

GB - Bressi Ranch site - leave it as PI, applicant can file GP amendment on their own.

BM Blackburn - Basin BJ parcel

GB - proponent prosed this change late in the process, proximity of services was considered, quadrant capacity numbers.

GB could not provide costs or if it would delay the eir. Could perhaps cost share with the proeprty owners.

Cm Douglas - Can city add the the properties not in consideration into the eir report. How much would it cost .

Kulchin - landowner wants to hcange the designation on the property and no eir was conducted, property owner pays.

GB stated that the environmental analysis may show various things. Timing wise the biggest delay would be to delay the housing element - city could face penalties.

Meeting resumet at 8:05

Diane Nygaard Preserve Calavera requested Council consider adding more open space to the Quarry Creek project.

Joan Herso??? on behalf of the Buena Vista Audubon Society urged the Council to include additional open space in the Quarry Creek project.

Todd??? Corky McMillan Companies request the PC's recommendations on Focus Area No 3 and defer decisions on any proposed changes to the master planning process instead of the general plan process.

Mr. Henthorn stated he would have to work with staff to determine the costs.

CM Douglas asked about the cost sharing.

Ted Chang President of Techbilt Companies owner of property at intersection of Faraday and El Fuerte Street the lot is particularly well suited to be redesignated - urged support of Council.

Mayor Hall asked about mixing industrial and residential on Farady could become an issue in brining in a world class business

Mr. Chang disagreed stated that he does not foresee an issue.

Nina Hall Vista spoke in support of preserving the panhandle in the Quarry Creek project.

Don Christiansen spoke in support of preserving open space in Quarry Creek.

Shelley Hayes Carron spoke in support of panhandle in Quarry Creek.

Mike Howes , Howes Weiler & Assoc. requested a revision to a chart on page 18 of the agenda bill, regarding dwelling units add that a note be added to the chart.

Thomas Kraus regarding area no 10, addressed the agenda bill

Patrice Danaher Carlsbad preserving open space at buena creek valley.

Don Neu - projecting in schedule for quarry creek in Feb or march - several months before envision carlsbad. any decisions made by Council will factor into the timeline on envision carlsbad.

Mayor Hall would like staff to review if the BJ Basin is in the same quadrant as the Techbilt property and if there can be an offset of quadrant limits.

Discussion ensued amoung staff and COuncil regarding the quadrant caps and densities.

Cm Douglas stated she would like to go forward with an eir on all of the properties. Gb stated that if Council directed staff to proceed with an eir on all of the properties staff can do this.

CM Blackburn accept report and staff come back with recommendations on the additional seven properties not considered in the envision carlsbad plan.

move council adopted resol accpeing the report and directing staff to utilize said plan and inlcude the comments made by the CA. and city planner do cost sharing agreements. unanimous.

Adjournments: 9:49

AB #21,003

10. AB #21,004 - SENIOR COMMISSION APPOINTMENT. To consider appointing one member to the Senior Commission. Resolution No. 2012-220. ACTION:

AB #21,004

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

Sep 11, 2012 City Council Meeting

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