Video index
CALL TO ORDER: 6:00 P.M.
Roll Call: 5 members present, 0 members absent, 0 members excused.
Roll Call: 5 members present, 0 members absent, 0 members excused.
ROLL CALL:
APPROVAL OF MINUTES:
Motion to APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Minutes of the Regular Meeting held May 22, 2007.
Minutes of the Joint Special Meeting held June 12, 2007.
Minutes of the Regular Meeting held June 12, 2007.
PRESENTATIONS:
Packard/Nygaard abstain - nygaard 12 Packard 22
Ken Price - thanked Council for its support of parks and community centers. Offer wide variety of programs.
Ken Price introduced Rachel Shea to speak about 26th annual triathlon. Spoke briefly about upcoming event.
David Harrison, Emergency Coordinator thanked CC for it's support introduced Captain ?/ Asuna to speak about key issues of the water watchers program.
Proclamation Presentation in Recognition of Parks and Recreation Month.
Proclamation Presentation in Recognition of Water Safety Week and Presentation of Water Watchers' Program.
PLEASE NOTE: SOME AGENDA BILLS MAY TAKE SEVERAL MINUTES TO BE DISPLAYED.
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 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.
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 #19,048 - RENEWAL OF EXCESS WORKERS' COMPENSATION BENEFITS. Authorizing the renewal of Excess Workers' Compensation Insurance coverage with the Safety National Casualty Corporation. Resolution No. 2007-149. ACTION:
AB#19,048
2. AB #19,049 - RENEWAL OF LIABILITY INSURANCE COVERAGE. Approving the renewal of liability insurance coverage through the California Municipal Excess Liability Program (CAMEL). Resolution No. 2007-150. ACTION:
AB#19,049
3. AB #19,050 - NOTICE OF COMPLETION. Accepting the construction on the remodel of two park restrooms and the re-roofing of a maintenance building as complete, and directing the City Clerk to record a Notice of Completion, Project Nos. 38971 and 39431. Resolution No. 2007-151. ACTION:
AB#19,050
ORDINANCES FOR INTRODUCTION:
4. AB #19,051 - ESTABLISH ALL WAY STOPS ON IMPALA DRIVE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Impala Drive at the Orion Street and Palmer Way intersections. Introduction of Ordinance No. NS-846. ACTION:
AB#19,051
Motion to 4. AB #19,051 - ESTABLISH ALL WAY STOPS ON IMPALA DRIVE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Impala Drive at the Orion Street and Palmer Way intersections. Introduction of Ordinance No. NS-846. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to 4. AB #19,051 - ESTABLISH ALL WAY STOPS ON IMPALA DRIVE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Impala Drive at the Orion Street and Palmer Way intersections. Introduction of Ordinance No. NS-846. ACTION: (Approved)
5. AB #19,056 - DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006. To consider amending Title 5 of the Carlsbad Municipal Code, Business Licenses and Regulations, by the addition of Chapter 5.29 adopting Local Regulations applicable to holders of State Video Franchises issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006 - Assembly Bill 2987. Introduction of Ordinance No. NS-848. ACTION:
AB#19,056
Motion to 5. AB #19,056 - DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006. To consider amending Title 5 of the Carlsbad Municipal Code, Business Licenses and Regulations, by the addition of Chapter 5.29 adopting Local Regulations applicable to holders of State Video Franchises issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006 - Assembly Bill 2987. Introduction of Ordinance No. NS-848. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Staff Presentationion by Denise Vedder.
MH asked if Time Warner will have to acquire a state license. PE replied they would after January 2, 2008.
MH asked if Time Warner will have to acquire a state license. PE replied they would after January 2, 2008.
Roll Call: 5 members present, 0 members absent, 0 members excused.
ORDINANCES FOR ADOPTION:
6. AB #19,052 - EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN. Adopting Ordinance No. NS-844, amending Chapter 11.24, of the Carlsbad Municipal Code, to extend the term of the Interim Plan for Agua Hedionda Lagoon until December 31, 2007 to facilitate Caulerpa taxifolia monitoring and containment device removal. ACTION:
AB#19,052
Motion to 6. AB #19,052 - EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN. Adopting Ordinance No. NS-844, amending Chapter 11.24, of the Carlsbad Municipal Code, to extend the term of the Interim Plan for Agua Hedionda Lagoon until December 31, 2007 to facilitate Caulerpa taxifolia monitoring and containment device removal. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to 6. AB #19,052 - EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN. Adopting Ordinance No. NS-844, amending Chapter 11.24, of the Carlsbad Municipal Code, to extend the term of the Interim Plan for Agua Hedionda Lagoon until December 31, 2007 to facilitate Caulerpa taxifolia monitoring and containment device removal. ACTION: (Approved)
7. AB #19,053 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-845, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.790, to establish a Prima Face 35 mile per hour speed limit on Dove Lane from Moorhen Place to the intersection with El Camino Real. ACTION:
AB#19,053
Motion to 7. AB #19,053 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-845, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.790, to establish a Prima Face 35 mile per hour speed limit on Dove Lane from Moorhen Place to the intersection with El Camino Real. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to 7. AB #19,053 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-845, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.790, to establish a Prima Face 35 mile per hour speed limit on Dove Lane from Moorhen Place to the intersection with El Camino Real. ACTION: (Approved)
PUBLIC COMMENT:
Knox Williams, spoke about Endow Carlsbad - Carlsbad Charitable Foundation. Reminded CC about request to match $25,000 donation.
Knox Wlliams - plan to give 2 grants of $25,00 ea.
know - asked CC to reconsider Endow Carlsbad's request.
know - asked CC to reconsider Endow Carlsbad's request.
Mayor Lewis asked about the match whether it was 1-1 or 4:1.
Mark Winkler spoke about Endow Carlsbad and how it related to the City's Connecting People, Places and Spirit.
Neil Turner, representing Concerned Citizens oppopsing the use of taxpayer monies to support the hiring center.
Hiring Center raises health concern. Day labors bypass normal health standards. Day labors subvert employers taxes etc.,
Accused city of allowing the hiring to go unchecked, illegal.
Asked COuncil to decline to support, by putting up signage and close hiring center.
Mayor Lewis questioned Mr. Turner regarding evidence he has regarding his allegations.
Mayor Lewis questioned Mr. Turner regarding evidence he has regarding his allegations.
Turner replied that he had constructive knowledge that the people in the hiring center are not legal. Again, Mayor asked Mr. Turner if he had evidence.
Mayor Lewis asked for a definition of constructive knowledge.
PoliceWatchdog - spoke about police purgery and brutality in Carlsbad. Stated he would like to ride along with Carlsbad PD provided he be able to tape it. Upset he was told he could not tape the ride-along.
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.
PUBLIC HEARING:
8. AB #19,054 - AURA CIRCLE. To consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment (GPA 05-06), Zone Change (ZC-05-03), Local Coastal Program Amendment (LCPA 05-03), Habitat Management Plan Permit (HMP 06-12), Site Development Plan (SDP 05-05), Hillside Development Permit (HDP 03-05), and Coastal Development Permit (CDP 03-32), for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Introduction of Ordinance No. NS-847. Resolution No. 2007-152. ACTION:
AB#19,054
Barbara Kennedy, Associate Planner provided the staff and power point presentation..
Jack Henthorn, representing the developer spoke about the project to the City Council. Requested CC approve staff's recomendation.
Mayor Lewis asked if the homeowner is permitted to clear the brush habitat around his/her home.
Mr. Henthorn replied the project is landscaped so that fire safety has been addressed.
Mayor Lewis opened/closed PH 6:48
Motion to 8. AB #19,054 - AURA CIRCLE. To consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment (GPA 05-06), Zone Change (ZC-05-03), Local Coastal Program Amendment (LCPA 05-03), Habitat Management Plan Permit (HMP 06-12), Site Development Plan (SDP 05-05), Hillside Development Permit (HDP 03-05), and Coastal Development Permit (CDP 03-32), for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Introduction of Ordinance No. NS-847. Resolution No. 2007-152. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to 8. AB #19,054 - AURA CIRCLE. To consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment (GPA 05-06), Zone Change (ZC-05-03), Local Coastal Program Amendment (LCPA 05-03), Habitat Management Plan Permit (HMP 06-12), Site Development Plan (SDP 05-05), Hillside Development Permit (HDP 03-05), and Coastal Development Permit (CDP 03-32), for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Introduction of Ordinance No. NS-847. Resolution No. 2007-152. ACTION: (Approved)
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL, CARLSBAD MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION
Break - 6:50
Roll Call: 5 members present, 0 members absent, 0 members excused.
JOINT SPECIAL MEETING
CITY OF CARLSBAD CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
AND
HOUSING AND REDEVLOPMENT COMMISSION
AGENDA
June 26, 2007
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
PUBLIC HEARING:
9. AB #19,057 - 2007/2008 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS. To consider adopting the final Operating Budgets for 2007/2008 for the City, the Municipal Water District, and the Redevelopment Agency, and appropriating funds for the 2007/2008 Capital Improvement Program; and, To consider adopting the Operating and Capital Budgets for 2007/2008 for the Encina Wastewater Authority; and, To consider adopting the Gann spending limits for the City and the Municipal Water District for 2007/2008; and, To consider adopting changes to the Master Fee Schedule; and, To set a Public Hearing regarding proposed increases in water rates for the Municipal Water District; and, To set a Public Hearing regarding proposed increases in sewer and trash rates for the City; and, To approve adjustments to the 2006/2007 Operating Budget. City Council Resolution Nos. 2007-154, 2007-155, 2007-156, 2007-157, 2007-158 and 2007-159. Municipal Water District Resolution Nos. 1300 and 1301. Housing and Redevelopment Commission Resolution No. 443.
AB#19,057
Lisa Irvine, Finance Director, David Barnum, Budget Manager,Steve Jantz,Associate Engineer, provided the staff report and power point presentation.
Lisa Irvine reviewed the Gann spending limit, CIP and General Fund. Spoke about GF revenues versus budget requests. $5.4 million surplus.
Spoke about the forecast - city is forecasting a balanced budget less any unanticipated state requests or other.
Steve Jantz spoke about the nine new CIP projects.
In this year's 07-08 budget - recommends full acclocation to build the Alga Norte Park facility.
David Barnum began by reviewing new proposed staff positions.
Spoke about legislative mandates for wastewater discharge and storm water.
Mayor Lewis asked for an explanation regarding mandates
Lisa Irvine explained how the state and federal government passed laws/regulations for the City to meet without providing funding.
Lisa Irvine - proposed adjustments - retiree health care costs, requiring the city to report it's retired employee health care costs.
request for more $$ for reimbursement for employee dental care.
Lisa Irvine and David Barnum gave a brief overview of the program options that are not included in the regular operating budget.
MRT Kulchin, asked about the sufficient funds in gas tax fund.
J. Nygaard asked about the staff report regarding median improvement.
L. Irvine stated that staff would be looking into grants, other funds and other ways to assist with funding in meeting the needs of the median replacement/repairs.
Council Member Hall asked for the definition of special event be defined in relation to a park.
Skip Hammann asked what the threshold is to trigger an event to be a "Special event."
Carl Pope stated the specific numbers for types of events provided the number for a local swim meet, generally in the neighborhood of 299-300 people in attendance that would trigger the event to be labeled "special."
MH asked for clarification regarding the 93 days between memorial day to labor day in relation to special events.
Ray Patchett stated the special event process is administered by the Police Department. Stated he thought the number is either 500 or 1,000 that triggers the special event.
Julie Nygaard asked about the regional meets are revenue generating events how does this impact not beingable to hold them during the 92 days in the summer.
Carl Pope stated he did not think that not holding the swim meets in the summer would not revenue impact.
Chief Zoll stated Carlsbad holds about 70 special events per year in accordinace with the special event ordinance.
The type of event and number of people inattendance trigger a special event.
M kulchin asked about the makeup of the special events committee.
Mayor Lewis to Carol Pope, no one can lock up the oplympic pool during the summer months.
Pope replied there is a process that people can apply for a special event during this process.
Pope - its about the size of the event and the impact on parking, etc.
mayor lewis confirmation to give citizens priority over any specialized group during the summer months.
Packard - how wide of an area is staff talking about to keep the occupancy of the pool up. Asked if he would have an idea about the residency percentage.
Ken Price stated cost recover is 60% and 45% as it relates to acquatic programs.
Julie Nygaard asked for clarification on the policy of Carlsbad residents' use of facilities and costs.
(In response to AK's question re: medians)Lisa Irvine stated the gas tax money could be used at $700. $33 million at buildout.
Council Member Hall asked about the safety training facility $$. Lisa Irvin responded that about $900k is set aside . (Get this.)
Council Member Hall - Prop C $$ - 3/4 of the Prop C moneys can be used up for the acquatic center and safety training center.
Asked for a discussion regarding the Prop C monies.
Julie asked what the city used gas tax for. L Irvine stated it is used for anything in the row.
Mayor Lewis asked about the village streetscape $$. L Irvine stated approx. $26 million has been spent in Redevelopment area.
MP asked how much $$ is remaining in this fund?
D. Fountain responded that projects are funded as it receives tax increment. Current fund balance for certain projects are also used.
Council adopted a reso in 2004 that allowed Redevelopment to accrue $14 million debt to do projects and if it could not pay, could take a loan from the City.
Packard - asked if the redevelopment funds can be used to do the village improvements instead ofusing general funds.
Fountain - redevelopment funds cannot be used for maintenance, recommend about $50,000 be used and then study the project to see if additional redevelopment funds can be used.
Mayor opened the pH at :52.
Scott Pierratt - spoke in favor of pool complex in it entirety.
Casey Cincerrelli - spoke in favor of constucting the pool and requested the city not to advertise for the new pool. Concerned about the pool using so much of prop c monies - should not use more than a quarter of prop c monies.
Brenna Isley - spoke in support of the pool. Spoke about safety of park/pool/skateboard for children.
Tom Watson, 4427 Salisbury Dr., Carlsbad, representing Carlsbad Youth Baseball, spoke in support of funding the construction of Pine Park restrooms.
Greg Norton, presenting La Costa Youth Orginization, spoke in support of the construction of Alga Norte Park.
Kim Blaylock, 2771 Wilson Street, Carlsbad, spoke in favor of the pool complex at Alga Norte Park.
Preston Rodman 3484 Seacrest Dr, Carlsbad, spoke in support of constructing the pool at Alga Norte Park.
Michael Thomas, 279 Victoria Ave, Carlsbad, spoke in support of constructing the pool in Alga Norte Park.
Cathy Goodman, Corvalis, (get address)Carlsbad, spoke in favor of constructing the Alga Norte Acquatic Center.
Evan Delaney Rogers 3234 Rancho Milagro Carlsbad, spoke in support of constructing the pool in Alga Norte Park.
Stephanie McClure, parent of a special-needs child,spoke in support of constructing the pool in Alga Norte Park.
Michelle Wright, 1287 Buena Vista Way, Carlsbad, spoke in support of constructing the pool.
Patricia Horball, 5036 Ashbury Rd., Carlsbad, spoke in support of constructing the pool in Alga Norte Park.
Belinda Rogers, (get address) spoke in favor of cosntructing the pool in Alga Norte Park.
Linda Douglas,7505 Brava Street, Carlsbad, spoke in support of constructing the pool in Alga Norte Park.
Alexandra Cortez, (get address) Highland Dr, Carlsbad spoke in support of constructing the pool in Alga Norte Park.
Kathleen Ryland Beck, 2266 Place, Carlsbad,
Kathleen Ryland Beck spoke in support of constructing a pool in Alga Norte Park.
Lisa Rodman, 3494 Seacrest Dr., Carlsbad spoke in support of constructing a pool in Alga Norte Park.
Diane Nygaard, representing Preserve Calavera, spoke about her concerns about Council setting aside funds for open space acquisition. Also spoke about concerns regarding lack of funding for new trails in the city.
Dinane also spoke about support for funding the HMP which she stated is incomplete.
Dinane also spoke about support for funding the HMP which she stated is incomplete.
Kip McBane, 691 Carlsbad spoke in support of constructing the four projects presented in Prop C.
Mayor closed PH 8:40
Mayor - preservation of open space - did not waste the time of the committee. placed items on the list in four major categories. would like to have a orkshop on the open space issue to prioritize, set aside funds.
MH - Prop C monies need to be clearly defined, look at all the projects, look at the ways of dealing with it. Mayor clarify - workshop is only to discuss the open space - not willing to change the budget.
Mayor requested to discuss Prop C items before the Council.
Packard clarify recreation component to become revenue generator?
Ken Price stated that with regard to the pools, recreation is projecting a 70% cost recovery from all the pools.
Packard stated that he supported the instructional/competitive portion of the pool only.
Hall - concerns about the competion pool.
Mayor - pool complex cannot be "unbundled".
Kulchin motioned to fund the pool project as proposed. Packard/Hall - No
MayorLewis motioned to design the safety traiing center 5/0
Open spacfe funds - workshop
Program Options:
Matt Hall recused from downtown village maintenance vote.
ckard recused from voting on downtown village merchants program option.
LIrvine stated if CC approve the project and direct staff to come back with areas for funding.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
This item was continued from the Regular City Council Meeting of June 19, 2007.
10. AB #19,034 - ADVERTISE FOR BIDS. To consider approving the plans and specifications and authorizing the advertisement for bids for the construction of the Poinsettia Community Park Phase IIA Tennis Courts, Project No. 4502. Resolution No. 2007-138.
AB#19,034
11. AB #19,055 - SISTER CITY COMMITTEE APPOINTMENT. To consider appointing one member to the Sister City Committee. Resolution No. 2007-153. ACTION:
AB#19,055
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.
Jun 26, 2007 City Council Meeting
Full agenda
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CALL TO ORDER: 6:00 P.M.
Roll Call: 5 members present, 0 members absent, 0 members excused.
Roll Call: 5 members present, 0 members absent, 0 members excused.
ROLL CALL:
APPROVAL OF MINUTES:
Motion to APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Minutes of the Regular Meeting held May 22, 2007.
Minutes of the Joint Special Meeting held June 12, 2007.
Minutes of the Regular Meeting held June 12, 2007.
PRESENTATIONS:
Packard/Nygaard abstain - nygaard 12 Packard 22
Ken Price - thanked Council for its support of parks and community centers. Offer wide variety of programs.
Ken Price introduced Rachel Shea to speak about 26th annual triathlon. Spoke briefly about upcoming event.
David Harrison, Emergency Coordinator thanked CC for it's support introduced Captain ?/ Asuna to speak about key issues of the water watchers program.
Proclamation Presentation in Recognition of Parks and Recreation Month.
Proclamation Presentation in Recognition of Water Safety Week and Presentation of Water Watchers' Program.
PLEASE NOTE: SOME AGENDA BILLS MAY TAKE SEVERAL MINUTES TO BE DISPLAYED.
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 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.
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 #19,048 - RENEWAL OF EXCESS WORKERS' COMPENSATION BENEFITS. Authorizing the renewal of Excess Workers' Compensation Insurance coverage with the Safety National Casualty Corporation. Resolution No. 2007-149. ACTION:
AB#19,048
2. AB #19,049 - RENEWAL OF LIABILITY INSURANCE COVERAGE. Approving the renewal of liability insurance coverage through the California Municipal Excess Liability Program (CAMEL). Resolution No. 2007-150. ACTION:
AB#19,049
3. AB #19,050 - NOTICE OF COMPLETION. Accepting the construction on the remodel of two park restrooms and the re-roofing of a maintenance building as complete, and directing the City Clerk to record a Notice of Completion, Project Nos. 38971 and 39431. Resolution No. 2007-151. ACTION:
AB#19,050
ORDINANCES FOR INTRODUCTION:
4. AB #19,051 - ESTABLISH ALL WAY STOPS ON IMPALA DRIVE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Impala Drive at the Orion Street and Palmer Way intersections. Introduction of Ordinance No. NS-846. ACTION:
AB#19,051
Motion to 4. AB #19,051 - ESTABLISH ALL WAY STOPS ON IMPALA DRIVE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Impala Drive at the Orion Street and Palmer Way intersections. Introduction of Ordinance No. NS-846. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to 4. AB #19,051 - ESTABLISH ALL WAY STOPS ON IMPALA DRIVE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops on Impala Drive at the Orion Street and Palmer Way intersections. Introduction of Ordinance No. NS-846. ACTION: (Approved)
5. AB #19,056 - DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006. To consider amending Title 5 of the Carlsbad Municipal Code, Business Licenses and Regulations, by the addition of Chapter 5.29 adopting Local Regulations applicable to holders of State Video Franchises issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006 - Assembly Bill 2987. Introduction of Ordinance No. NS-848. ACTION:
AB#19,056
Motion to 5. AB #19,056 - DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006. To consider amending Title 5 of the Carlsbad Municipal Code, Business Licenses and Regulations, by the addition of Chapter 5.29 adopting Local Regulations applicable to holders of State Video Franchises issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006 - Assembly Bill 2987. Introduction of Ordinance No. NS-848. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Staff Presentationion by Denise Vedder.
MH asked if Time Warner will have to acquire a state license. PE replied they would after January 2, 2008.
MH asked if Time Warner will have to acquire a state license. PE replied they would after January 2, 2008.
Roll Call: 5 members present, 0 members absent, 0 members excused.
ORDINANCES FOR ADOPTION:
6. AB #19,052 - EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN. Adopting Ordinance No. NS-844, amending Chapter 11.24, of the Carlsbad Municipal Code, to extend the term of the Interim Plan for Agua Hedionda Lagoon until December 31, 2007 to facilitate Caulerpa taxifolia monitoring and containment device removal. ACTION:
AB#19,052
Motion to 6. AB #19,052 - EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN. Adopting Ordinance No. NS-844, amending Chapter 11.24, of the Carlsbad Municipal Code, to extend the term of the Interim Plan for Agua Hedionda Lagoon until December 31, 2007 to facilitate Caulerpa taxifolia monitoring and containment device removal. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to 6. AB #19,052 - EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN. Adopting Ordinance No. NS-844, amending Chapter 11.24, of the Carlsbad Municipal Code, to extend the term of the Interim Plan for Agua Hedionda Lagoon until December 31, 2007 to facilitate Caulerpa taxifolia monitoring and containment device removal. ACTION: (Approved)
7. AB #19,053 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-845, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.790, to establish a Prima Face 35 mile per hour speed limit on Dove Lane from Moorhen Place to the intersection with El Camino Real. ACTION:
AB#19,053
Motion to 7. AB #19,053 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-845, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.790, to establish a Prima Face 35 mile per hour speed limit on Dove Lane from Moorhen Place to the intersection with El Camino Real. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to 7. AB #19,053 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-845, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.790, to establish a Prima Face 35 mile per hour speed limit on Dove Lane from Moorhen Place to the intersection with El Camino Real. ACTION: (Approved)
PUBLIC COMMENT:
Knox Williams, spoke about Endow Carlsbad - Carlsbad Charitable Foundation. Reminded CC about request to match $25,000 donation.
Knox Wlliams - plan to give 2 grants of $25,00 ea.
know - asked CC to reconsider Endow Carlsbad's request.
know - asked CC to reconsider Endow Carlsbad's request.
Mayor Lewis asked about the match whether it was 1-1 or 4:1.
Mark Winkler spoke about Endow Carlsbad and how it related to the City's Connecting People, Places and Spirit.
Neil Turner, representing Concerned Citizens oppopsing the use of taxpayer monies to support the hiring center.
Hiring Center raises health concern. Day labors bypass normal health standards. Day labors subvert employers taxes etc.,
Accused city of allowing the hiring to go unchecked, illegal.
Asked COuncil to decline to support, by putting up signage and close hiring center.
Mayor Lewis questioned Mr. Turner regarding evidence he has regarding his allegations.
Mayor Lewis questioned Mr. Turner regarding evidence he has regarding his allegations.
Turner replied that he had constructive knowledge that the people in the hiring center are not legal. Again, Mayor asked Mr. Turner if he had evidence.
Mayor Lewis asked for a definition of constructive knowledge.
PoliceWatchdog - spoke about police purgery and brutality in Carlsbad. Stated he would like to ride along with Carlsbad PD provided he be able to tape it. Upset he was told he could not tape the ride-along.
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.
PUBLIC HEARING:
8. AB #19,054 - AURA CIRCLE. To consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment (GPA 05-06), Zone Change (ZC-05-03), Local Coastal Program Amendment (LCPA 05-03), Habitat Management Plan Permit (HMP 06-12), Site Development Plan (SDP 05-05), Hillside Development Permit (HDP 03-05), and Coastal Development Permit (CDP 03-32), for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Introduction of Ordinance No. NS-847. Resolution No. 2007-152. ACTION:
AB#19,054
Barbara Kennedy, Associate Planner provided the staff and power point presentation..
Jack Henthorn, representing the developer spoke about the project to the City Council. Requested CC approve staff's recomendation.
Mayor Lewis asked if the homeowner is permitted to clear the brush habitat around his/her home.
Mr. Henthorn replied the project is landscaped so that fire safety has been addressed.
Mayor Lewis opened/closed PH 6:48
Motion to 8. AB #19,054 - AURA CIRCLE. To consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment (GPA 05-06), Zone Change (ZC-05-03), Local Coastal Program Amendment (LCPA 05-03), Habitat Management Plan Permit (HMP 06-12), Site Development Plan (SDP 05-05), Hillside Development Permit (HDP 03-05), and Coastal Development Permit (CDP 03-32), for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Introduction of Ordinance No. NS-847. Resolution No. 2007-152. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to 8. AB #19,054 - AURA CIRCLE. To consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment (GPA 05-06), Zone Change (ZC-05-03), Local Coastal Program Amendment (LCPA 05-03), Habitat Management Plan Permit (HMP 06-12), Site Development Plan (SDP 05-05), Hillside Development Permit (HDP 03-05), and Coastal Development Permit (CDP 03-32), for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Introduction of Ordinance No. NS-847. Resolution No. 2007-152. ACTION: (Approved)
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL, CARLSBAD MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION
Break - 6:50
Roll Call: 5 members present, 0 members absent, 0 members excused.
JOINT SPECIAL MEETING
CITY OF CARLSBAD CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
AND
HOUSING AND REDEVLOPMENT COMMISSION
AGENDA
June 26, 2007
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
PUBLIC HEARING:
9. AB #19,057 - 2007/2008 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS. To consider adopting the final Operating Budgets for 2007/2008 for the City, the Municipal Water District, and the Redevelopment Agency, and appropriating funds for the 2007/2008 Capital Improvement Program; and, To consider adopting the Operating and Capital Budgets for 2007/2008 for the Encina Wastewater Authority; and, To consider adopting the Gann spending limits for the City and the Municipal Water District for 2007/2008; and, To consider adopting changes to the Master Fee Schedule; and, To set a Public Hearing regarding proposed increases in water rates for the Municipal Water District; and, To set a Public Hearing regarding proposed increases in sewer and trash rates for the City; and, To approve adjustments to the 2006/2007 Operating Budget. City Council Resolution Nos. 2007-154, 2007-155, 2007-156, 2007-157, 2007-158 and 2007-159. Municipal Water District Resolution Nos. 1300 and 1301. Housing and Redevelopment Commission Resolution No. 443.
AB#19,057
Lisa Irvine, Finance Director, David Barnum, Budget Manager,Steve Jantz,Associate Engineer, provided the staff report and power point presentation.
Lisa Irvine reviewed the Gann spending limit, CIP and General Fund. Spoke about GF revenues versus budget requests. $5.4 million surplus.
Spoke about the forecast - city is forecasting a balanced budget less any unanticipated state requests or other.
Steve Jantz spoke about the nine new CIP projects.
In this year's 07-08 budget - recommends full acclocation to build the Alga Norte Park facility.
David Barnum began by reviewing new proposed staff positions.
Spoke about legislative mandates for wastewater discharge and storm water.
Mayor Lewis asked for an explanation regarding mandates
Lisa Irvine explained how the state and federal government passed laws/regulations for the City to meet without providing funding.
Lisa Irvine - proposed adjustments - retiree health care costs, requiring the city to report it's retired employee health care costs.
request for more $$ for reimbursement for employee dental care.
Lisa Irvine and David Barnum gave a brief overview of the program options that are not included in the regular operating budget.
MRT Kulchin, asked about the sufficient funds in gas tax fund.
J. Nygaard asked about the staff report regarding median improvement.
L. Irvine stated that staff would be looking into grants, other funds and other ways to assist with funding in meeting the needs of the median replacement/repairs.
Council Member Hall asked for the definition of special event be defined in relation to a park.
Skip Hammann asked what the threshold is to trigger an event to be a "Special event."
Carl Pope stated the specific numbers for types of events provided the number for a local swim meet, generally in the neighborhood of 299-300 people in attendance that would trigger the event to be labeled "special."
MH asked for clarification regarding the 93 days between memorial day to labor day in relation to special events.
Ray Patchett stated the special event process is administered by the Police Department. Stated he thought the number is either 500 or 1,000 that triggers the special event.
Julie Nygaard asked about the regional meets are revenue generating events how does this impact not beingable to hold them during the 92 days in the summer.
Carl Pope stated he did not think that not holding the swim meets in the summer would not revenue impact.
Chief Zoll stated Carlsbad holds about 70 special events per year in accordinace with the special event ordinance.
The type of event and number of people inattendance trigger a special event.
M kulchin asked about the makeup of the special events committee.
Mayor Lewis to Carol Pope, no one can lock up the oplympic pool during the summer months.
Pope replied there is a process that people can apply for a special event during this process.
Pope - its about the size of the event and the impact on parking, etc.
mayor lewis confirmation to give citizens priority over any specialized group during the summer months.
Packard - how wide of an area is staff talking about to keep the occupancy of the pool up. Asked if he would have an idea about the residency percentage.
Ken Price stated cost recover is 60% and 45% as it relates to acquatic programs.
Julie Nygaard asked for clarification on the policy of Carlsbad residents' use of facilities and costs.
(In response to AK's question re: medians)Lisa Irvine stated the gas tax money could be used at $700. $33 million at buildout.
Council Member Hall asked about the safety training facility $$. Lisa Irvin responded that about $900k is set aside . (Get this.)
Council Member Hall - Prop C $$ - 3/4 of the Prop C moneys can be used up for the acquatic center and safety training center.
Asked for a discussion regarding the Prop C monies.
Julie asked what the city used gas tax for. L Irvine stated it is used for anything in the row.
Mayor Lewis asked about the village streetscape $$. L Irvine stated approx. $26 million has been spent in Redevelopment area.
MP asked how much $$ is remaining in this fund?
D. Fountain responded that projects are funded as it receives tax increment. Current fund balance for certain projects are also used.
Council adopted a reso in 2004 that allowed Redevelopment to accrue $14 million debt to do projects and if it could not pay, could take a loan from the City.
Packard - asked if the redevelopment funds can be used to do the village improvements instead ofusing general funds.
Fountain - redevelopment funds cannot be used for maintenance, recommend about $50,000 be used and then study the project to see if additional redevelopment funds can be used.
Mayor opened the pH at :52.
Scott Pierratt - spoke in favor of pool complex in it entirety.
Casey Cincerrelli - spoke in favor of constucting the pool and requested the city not to advertise for the new pool. Concerned about the pool using so much of prop c monies - should not use more than a quarter of prop c monies.
Brenna Isley - spoke in support of the pool. Spoke about safety of park/pool/skateboard for children.
Tom Watson, 4427 Salisbury Dr., Carlsbad, representing Carlsbad Youth Baseball, spoke in support of funding the construction of Pine Park restrooms.
Greg Norton, presenting La Costa Youth Orginization, spoke in support of the construction of Alga Norte Park.
Kim Blaylock, 2771 Wilson Street, Carlsbad, spoke in favor of the pool complex at Alga Norte Park.
Preston Rodman 3484 Seacrest Dr, Carlsbad, spoke in support of constructing the pool at Alga Norte Park.
Michael Thomas, 279 Victoria Ave, Carlsbad, spoke in support of constructing the pool in Alga Norte Park.
Cathy Goodman, Corvalis, (get address)Carlsbad, spoke in favor of constructing the Alga Norte Acquatic Center.
Evan Delaney Rogers 3234 Rancho Milagro Carlsbad, spoke in support of constructing the pool in Alga Norte Park.
Stephanie McClure, parent of a special-needs child,spoke in support of constructing the pool in Alga Norte Park.
Michelle Wright, 1287 Buena Vista Way, Carlsbad, spoke in support of constructing the pool.
Patricia Horball, 5036 Ashbury Rd., Carlsbad, spoke in support of constructing the pool in Alga Norte Park.
Belinda Rogers, (get address) spoke in favor of cosntructing the pool in Alga Norte Park.
Linda Douglas,7505 Brava Street, Carlsbad, spoke in support of constructing the pool in Alga Norte Park.
Alexandra Cortez, (get address) Highland Dr, Carlsbad spoke in support of constructing the pool in Alga Norte Park.
Kathleen Ryland Beck, 2266 Place, Carlsbad,
Kathleen Ryland Beck spoke in support of constructing a pool in Alga Norte Park.
Lisa Rodman, 3494 Seacrest Dr., Carlsbad spoke in support of constructing a pool in Alga Norte Park.
Diane Nygaard, representing Preserve Calavera, spoke about her concerns about Council setting aside funds for open space acquisition. Also spoke about concerns regarding lack of funding for new trails in the city.
Dinane also spoke about support for funding the HMP which she stated is incomplete.
Dinane also spoke about support for funding the HMP which she stated is incomplete.
Kip McBane, 691 Carlsbad spoke in support of constructing the four projects presented in Prop C.
Mayor closed PH 8:40
Mayor - preservation of open space - did not waste the time of the committee. placed items on the list in four major categories. would like to have a orkshop on the open space issue to prioritize, set aside funds.
MH - Prop C monies need to be clearly defined, look at all the projects, look at the ways of dealing with it. Mayor clarify - workshop is only to discuss the open space - not willing to change the budget.
Mayor requested to discuss Prop C items before the Council.
Packard clarify recreation component to become revenue generator?
Ken Price stated that with regard to the pools, recreation is projecting a 70% cost recovery from all the pools.
Packard stated that he supported the instructional/competitive portion of the pool only.
Hall - concerns about the competion pool.
Mayor - pool complex cannot be "unbundled".
Kulchin motioned to fund the pool project as proposed. Packard/Hall - No
MayorLewis motioned to design the safety traiing center 5/0
Open spacfe funds - workshop
Program Options:
Matt Hall recused from downtown village maintenance vote.
ckard recused from voting on downtown village merchants program option.
LIrvine stated if CC approve the project and direct staff to come back with areas for funding.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
This item was continued from the Regular City Council Meeting of June 19, 2007.
10. AB #19,034 - ADVERTISE FOR BIDS. To consider approving the plans and specifications and authorizing the advertisement for bids for the construction of the Poinsettia Community Park Phase IIA Tennis Courts, Project No. 4502. Resolution No. 2007-138.
AB#19,034
11. AB #19,055 - SISTER CITY COMMITTEE APPOINTMENT. To consider appointing one member to the Sister City Committee. Resolution No. 2007-153. ACTION:
AB#19,055
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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