Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:06:08)
LEGISLATIVE INVOCATION:
Mayor Lewis
PLEDGE OF ALLEGIANCE:
Nygaard.
Mayor Lewis made Charter City Event Signing Announcement.
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:07:07)
Abstained from approval - listen.
Minutes of the Regular Meeting held July 1, 2008
Minutes of the Special Meeting held July 15, 2008
Minutes of the Regular Meeting held July 15, 2008
Minutes of the Joint Special Meeting held July 15, 2008
Minutes of the Special Meeting held July 16, 208
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.
Items 2, 7 through 10 pulled.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:08:06)
Item One Hall and Packard voted No.
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 #19,528 - REVISION AND ESTABLISHMENT OF NEW JOB CLASSIFICATIONS IN THE HOUSING AND REDEVELOPMENT DEPARTMENT AND PUBLIC WORKS DEPARTMENT. Authorizing the revision of a job classification in the Housing and Redevelopment Department, establishment of new job classifications in the Public Works Department; and, amending the General Employee Salary Schedule and Local Conflict of Interest Code. Resolution No. 2008-220. ACTION:
AB #19,528
2. AB #19,529 - ESTABLISHMENT OF NEW TECHNOLOGY RELATED JOB CLASSIFICATIONS. Authorizing the establishment of new job classifications in the Information Technology Department and technology related classifications in other departments; and, amending the General Employee Salary and Management Salary Schedules and Local Conflict of Interest Code. Resolution No. 2008-221. ACTION:
Motion to approve 2. AB #19,529 - ESTABLISHMENT OF NEW TECHNOLOGY RELATED JOB CLASSIFICATIONS. Authorizing the establishment of new job classifications in the Information Technology Department and technology related classifications in other departments; and, amending the General Employee Salary and Management Salary Schedules and Local Conflict of Interest Code. Resolution No. 2008-221. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 2. AB #19,529 - ESTABLISHMENT OF NEW TECHNOLOGY RELATED JOB CLASSIFICATIONS. Authorizing the establishment of new job classifications in the Information Technology Department and technology related classifications in other departments; and, amending the General Employee Salary and Management Salary Schedules and Local Conflict of Interest Code. Resolution No. 2008-221. ACTION: (Approved) (Recorded at 00:10:59)
AB #19,529
3. AB #19,530 - REPORT OUT TERMS AND CONDITIONS. Reporting out the terms and conditions of the settlement agreement in City of Carlsbad v. Time Warner Cable Inc. ACTION:
AB #19,530
4. AB #19,531 - ACCEPTANCE OF DONATION FOR OPPORTUNITY GRANTS PROGRAM. Accepting a cash donation from Mr. Mitch Mason, a FIJI Water employee, and appropriating the funds in support of the Opportunity Grants Program. Resolution No. 2008-222. ACTION:
AB #19,531
5. AB #19,532 - WEED ABATEMENT COST ASSESSMENTS. Approving the report of the Fire Chief showing the cost of weed abatement against each parcel, confirming the cost, and providing for collection on the regular tax bill. Resolution No. 2008-223. ACTION:
AB #19,532
6. AB #19,533 - AUTHORIZE THE PURCHASE OF SIX REPLACEMENT POLICE PATROL SEDANS. Authorizing the purchase of six replacement Police Patrol Sedans. Resolution No. 2008-224. ACTION:
AB #19,533
7. AB #19,534 - AWARD OF CONTRACT. Accepting bids and awarding a contract to SOCAL Pacific Construction Corporation for the Vista/Carlsbad Interceptor Sewer Reaches VC13 through VC15 Manhole Rehabilitation, Project No. 3949. Resolution No. 2008-225. ACTION:
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy encouraged Council to develop a Fire Department Master Plan.
AB #19,534
8. AB #19,535 - STREET VACATION. Summarily vacating a portion of Pine Avenue, STV 08-01. Resolution No. 2008-226. ACTION:
Michele Levy, 3021 Highland Drive, Carlsbad, spoke in support of developing a Fire Department Master Plan.
AB #19,535
9. AB #19,536 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE TRAFFIC SIGNAL AT POINSETTIA LANE AND BLACK RAIL ROAD. Accepting the construction of a traffic signal at Poinsettia Lane and Black Rail Road as complete, and directing the City Clerk to record a Notice of Completion, Project No. 3939-1. Resolution No. 2008-227. ACTION:
Michele Levy, 3021 Highland Drive, Carlsbad,came forward to address Council. Ms. Levy spoke in support of establishing a Fire Department Master Plan.
10. AB #19,537 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SENIOR CENTER IMPROVEMENTS. Accepting the construction of the Senior Center Improvements as complete, and directing the City Clerk to record a Notice of Completion, Project No. 45001-2. Resolution No. 2008-228. ACTION:
Michele Levy, Carlsbad, spoke in support of Fire Department Master Plan.
Encouraged citizens to contact Council.
Hall - absent from vote on eight. One vote for all items.
Motion to approve 10. AB #19,537 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SENIOR CENTER IMPROVEMENTS. Accepting the construction of the Senior Center Improvements as complete, and directing the City Clerk to record a Notice of Completion, Project No. 45001-2. Resolution No. 2008-228. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 10. AB #19,537 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SENIOR CENTER IMPROVEMENTS. Accepting the construction of the Senior Center Improvements as complete, and directing the City Clerk to record a Notice of Completion, Project No. 45001-2. Resolution No. 2008-228. ACTION: (Approved) (Recorded at 00:13:37)
Fire Chief Kevin Crawford explained that the Study is in process - being routed throughout staff to make its way to Council
AB #19,537
ORDINANCE FOR INTRODUCTION:
AB #19,536
11. AB #19,538 - AMEND CARLSBAD MUNICIPAL CODE TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS. To consider amending Title 20, Chapters 20.12 and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2), and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by Senate Bill No. 1185. Introduction of Ordinance No. CS-003. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 11. AB #19,538 - AMEND CARLSBAD MUNICIPAL CODE TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS. To consider amending Title 20, Chapters 20.12 and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2), and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by Senate Bill No. 1185. Introduction of Ordinance No. CS-003. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,538 - AMEND CARLSBAD MUNICIPAL CODE TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS. To consider amending Title 20, Chapters 20.12 and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2), and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by Senate Bill No. 1185. Introduction of Ordinance No. CS-003. ACTION: (Approved) (Recorded at 00:17:03)
AB #19,538
12. AB #19,539 - REPEALING AND ADOPTING CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE REGULATING PURCHASING. Adopting Ordinance No. CS-002, repealing Chapter 3.28 regulating Purchasing in its entirety, and adopting Chapter 3.28 regulating Purchasing in the Carlsbad Municipal Code. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 12. AB #19,539 - REPEALING AND ADOPTING CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE REGULATING PURCHASING. Adopting Ordinance No. CS-002, repealing Chapter 3.28 regulating Purchasing in its entirety, and adopting Chapter 3.28 regulating Purchasing in the Carlsbad Municipal Code. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,539 - REPEALING AND ADOPTING CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE REGULATING PURCHASING. Adopting Ordinance No. CS-002, repealing Chapter 3.28 regulating Purchasing in its entirety, and adopting Chapter 3.28 regulating Purchasing in the Carlsbad Municipal Code. ACTION: (Approved) (Recorded at 00:17:58)
AB #19,539
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.
James Lambert, host of Night Lites TV, on May 15, 2008 came forward to address Council. Spoke in support of Proposition #8 - deciding if marriage is between one man and one woman. SDUTribune advocate for gay marriage. Asking that Council sign a marriage proclamation affirming support for Proposition #8. Requesting that people of Carlsbad support constitution of marriage.
Michele Levy, 3021 Highland Drive, Carlsbad came forward to address Council. Ms. Levy expressed concerns relating to the use of the Farmers Building. $16 million tax dollars used to purchase building. Holding building for 7 years - use money to build park, pool or community building.
Sue Loftin, speaking on behalf of Lanakai Lanes, closed escrow and recorded the lease hold interest with / listen to this.
PUBLIC HEARING:
13. AB #19,540 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. To consider amending Title 15, Chapter 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, To consider amending Title 21, Chapters 21,38, 21.203 and 21.205 of the Carlsbad Municipal Code, by deleting references to the Master Drainage Plan adopted in 1994 and the Model Erosion Control Ordinance, and by the addition of references to the Proposed Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04); and, To consider certifying a Final Environmental Impact Report (EIR 04-02) and adopting the Candidate Findings of Fact and the Mitigation and Monitoring Reporting Program for the proposed City of Carlsbad Drainage Master Plan Update and the Calavera and Agua Hedionda Creeks project and approving changes to Local Coastal Program policies regarding the Drainage Master Plan, Model Erosion Control Ordinance and Model Grading Ordinance (LCPA 07-06); and, To consider approving the 2008 Drainage Master Plan and approving a change to the City’s Planned Local Drainage Area Fee, Capital Improvement Project No. 3872. Introduction of Ordinance Nos. CS-004 and CS-005. Resolution Nos. 2008-229 and 2008-230. ACTION:
Mayor Lewis made announcement - listen to this.
Ron Ball City Attorney explained what the purpose of the Public Hearing is. Spoke about approval of EIR. State Law requires PH for fees. Explained that fees are imposed on the development. There is no Capital Improvement Program or Construction Program or Relocation consequence before Council tonight. The only things before Council EIR and fees.
Deputy City Manager Jim Elliott introduced the item. Stated that Associate Engineer Steve Jantz, Deputy City Engineer Dave Hauser and Senior Planner Scott Donnell presented the staff report.
Gave an overview of presentation.
Jantz reviewed recommended Council Actions.
Overview - of Drainage Master Plan. Current plan was approved by Council in 1994.
May be need to add additional Master Plan Drainage Facilities.
Explained that EIR was a Program Level Environmental Review.
Stated that EIR is now a project level - more detailed of environmental impacts for Calavera and Aguad Hedionda Creek dredging.
Main Components.
city is broken into four Basins (A through D) Each is separate. List of projects and funding program relate to each of the four basins.
Consultant performed hydraulic analysis, confirm previously identified Master Plan storm drain facilities and to identify future storm drain facilities. Also included land development provided drainage facilities. Capital Improvement Program projects.
Final component is Planned Local Drainage Area Fee Program.
Explained that fees are collected up front. - At final map or building permit - look at PowerPOint for this.
Discussed runoff coefficient land use codes.
Planned Local Drainage Area Fee - 34 DRainage Master Plann Projects. Total estimated cost $21,930,385
Gave details of billable acres for each Basin.
Reviewed fee structure.
Back to Basin A - in area there is the Buena Vista Lagoon Area,
Area D - included projects that instead of paying fee will build the Master Plan Drainage Basins.
Listen Steve right now.
Feel that development that has occured has paid fair share.
Emphasized that this is a Planning Document. Projects included does not guarantee that projects will be built. Future facilities will go through project scope and design and will determine what facilities are needed.
When individual projects are brought forward may need more review and mitigation.
Nygaard - what about re-developed land - is that being factored in?
Jantz - yes we did look at redeveloped - assumed that 10% of property would be redeveloped and figured that in. If a fee has been paid - will not go back and collect fee. If redevelopment is for more than 50% we have ability to pro-rate to collect fee for project.
Nygaard - you said 84% of construction paid for 87% of projects.
Jantz - 85% of land in 94 plan has paid for 87% of fee.
Nygaard - confirmed that construction costs have increased and are resulting in fee increases.
CPI used for fee increase did not keep up with costs per Jantz.
Packard - example if there is an acre of parking lot - 100% run off co-efficient. If they put a store on the property would a fee be needed. Mr. Jantz if fee has been paid before no. Hauser made some clarification listen.
Packard - are there new projects in the Plan. Four new projects per Jantz.
Hall - 85% of development paid for 87% of the projects. What was the fee? Mr. Jantz explained that developers asked that Projects be conditioned to provide drainage. Development paid as they went . . . there was no fee.
Hall - on a piece of property that is commercial. Want to add - if square footage is increased by 50% or more of current footprint on the lot, will need to pay fee.
Hauser - program applied to a larger area - contributing to facilities throughout drainage area. Listen to this. Some improvements are helping water quality.
Kulchin - great job explaining it. Future DMP projects will undergo detailed design analysis? What if we do not need something like this?
Jantz - looking at list of projects - all is needed for a purpose.
Hauser explained benefit information.
Lewis - when you mentioned the element of change - in the growth management plan - stipulated that development pay there fair share.
Lewis - asked if fees reduced where will the $$ come from if developers do not paid. Hauser - by particular developer to pick up additional cost - alternative funding sources, assessments, general fund, grants or transnet funds.
Hauser GMP requires that developer would be required. Would not impact other areas.
Hall - made point that developers were able to build without the fee. Hauser - if developer comes in and a facility is required of them - they would get credit towards their fee if they construct. If value of improvement is in excess. Would probably get them the direct credit and enter into agreement with City stating an audit of work would be performed.
Hall - how does this enter into the process. IN Ordinance documents per Hauser.
Drainage Program is different - listen to this???? Hall wants to see page and line in Agenda Bill.
Lewis to Ball - if we have agreement with developer that they are responsible for offsite or for their project because it is needed - where do we get that money. Can city be reimbursed totally for what city has built.
Ball - if City builds something that could have been built by a developer - could be difficult to collect unless an agreement. Listen to Mr. Hauser now.
Hauser if Council built it - listen to this.
David Hauser now to continue with PowerPoint.
Gave project background.
Gave details of Rancho Carlsbad development.
Gave a map of Rancho Carlsbad Flood Control Program.
Explained that Rancho Carlsbad Flood Control Program was included in 1994. Added three basins for sediment control.
In 1996 Howard Chang Flood Study.
Rancho Carlsbad 1997 - agreed to pay $318,000
In 1998 - Rick Engineering Study completed.
In 1999 - Added CIP to repair Lake Calavera Outlet Repair Project.
Gave an overview of map with Basins, Rancho Carlsbad Mobile Home park.
GAve description of project for Agua Hedionda and Calavera Creek Dredge and Improvement Project.
Dredge Accumulated Sediment, Trim and stbilize channel side slopes/ replace down drains/ construct settling basin/ install gabion drop structures.
Gabion drops are wire cages with rock inside help to drop water down in a controlled fashion - slows water down and see less erosion.
Anticipated results: REmoval of all but 6 to 12 lots from 100 year inundation.
Stabilazation of Calavera Creek Banks.
Maintenance Component - monitoring stations will be out at site. To check silt levels. Will also clear settling basin and vegetation and debris removal. Maintenance interval to be determined by inspections.
Kulchin - who?
Hauser - we, being the City for maintenance responsibilities.
Packard - one of the delays and difficulties - will doing maint. on regular basis - will this streamline process? Yes said Hauser.
Scott donnell stated that Planning Commission approved Maintenance stages.
Nygaard - once we get permits, when can we start dredging.
Hauser - applications into resource agencies. Will not get too serious until EIR certified. Once we get that, hopefully will have a schedule to start sometime next year.
Hauser - may get pushed out another year. Donnell - mentioned that appeal filed by coastal commission on behalf of Preserve Calavera.
Lewis - when dam complete, how will that function?
Hauser - dam will be used as flood control facility. Do have a study completed in 2005 by Chang Consultants - would provide same benefits as basin bj. Operating the dam could provide same benefits; however, manually.
Lewis - could be operated by computer? Hauser - could but we do not have it at this time.
Lewis - when will dam be completed. Hauser - complete this year (this month).
Hauser - concerns raised about Chang study. The city has done supplemental drainage studies; as part of submittal to FEMa. Did another analysis by using Chang.
Kulchin - timing of study? Hauser - about three weeks ago. Study maybe 4 to 5 weeks ago.
Hall - are all the channels west of there capable of taking the flows (Calavera)?
Hauser - yes, the basins have been redesigned to accommodate those flows.
Hall - what was analysis used to come up with numbers for the basins? Hauser - consultant reviewed specific project scope and determined what was needed. Looked at previous cost estimates and applied current costs.
Hall - what depth of engineering did we go into this? Hauser - when we took the Master DRainage Plan - used 2006 numbers. These are latest best available numbers from last couple of months.
Ball - stated that page 11 - 15.08.040C - gives authority for reimbursement of fee.
Scott Donnell, Planning Department - walk through EIR for
Mr. Donnell now revieweing EIR - Program adn Project level document.
Program level components need further review.
Listen to previous - had to go take a break.
Donnell - gave an outline of Review Process
Explained process - see powerpoint.
Planning Commission did not act on Drainage Master Plan.
EIR looked at impacts on Program and Project level.
Mitigation - reduce impacts
Explained - Alternatives Analysis - 5 Program Level Alternatives - Environmentally superior alternatives.
Spoke about Resolution to certify EIR - Additional responses to comments - revisions to Final EIR. Revisions to Finding and MMRP.
Spoke about minor revisions to Resolution - spoke about ERRATA - that clarifies and amplifies what is in Resolution and attachments.
Donnell - reviewed proposed text changes - not signifcant and would not conflict with Coastal policies.
Project-Level Dredging and Improvement Permits.
Recommended Council Actions - reviewed by Scott Donnell.
End of staff presentation.
Lewis - on west side of ECR - do our permits allow us to go beyond the bridge structure going westward? Donnell - no. Lewis - do we have to get permission from property owner. Hauser - permits take care of this.
Break at 7:36 p.m. Back at 7:43 p.m.
Open Public Hearing at 7:43 p.m.
Barbara Bevis, Carlsbad, President of Rancho Carlsbad Owners Association - 504 home community. Board and residents have followed the flood mitigation issues for the past 10 years.
A health and safety issue. BJ basin needs to be built and fully funded.
Russ Kohl, carlsbad, past president. Gave a brief background on detention basin bj. Requires 8 aces of land owned by Rancho Carlsbad - of 11 acre parcel. Will displace rv park, community garden and storage building.
Explained that in the 1980 Master Plan the BJ basin was - listen to this or read PowerPOint.
Gave details of chronology of events.
In early 1997 - City approved converiosn of RC to Homeowner Community.
Assessment fully paid in February of 2008
Proposed dredging both creeks per Rick Engineering.
In fall of 2000 HOA - was only 2 years old. Attended draft scoping meeting for Draft EIR
Explained that an agreement was reached - listen to this.
This was in 2002.
Prior to January 2002 hearing - - Rancho Carlsbad withdrew oppostion to EIR 98-02 - look at PowerPoint.
Read from letter from D.Hauser to Sue Loftin.
Spoke about Resolution No. 2002-016 - look at this - I have not seen this Resolution.
Spoke about letter from Cindee K. McMahon regarding option parcel
Bill Arnold - How we got where we are.
Kulchin - do you have copies of letter that was just read to us? Russ - we sent documents including Resolution on March 30th to Council . . .listen for date. Wants all information to go to all Council per Ball and entered into REcord. Have to make sure that we get copy of letter too.
Bill Arnold - spoke about message left on his machine.
Showed photos of Box Culvert and Weir wall. Explained that McMillin made suggestion of how to handle drainage. Listen to this.
The original design of Cannon Road should have included design for drainage.
Effect of 84" pipe - removed flood line from McMillian property and increased property value.
Stated that in October 2005 Chang Consultants stated that BJ Basin not needed.
David Cannon - consultant for Rancho - contradicted Chang report. BJ Basin necessary per Rancho consultant.
When draft EIR UPdate was released in June 2007 - please to see that BJ Basin included in document. Silent on funding for relocation.
City staff continued to say that BJ Basin not needed and would be removed from EIR.
Wrote detailed letter to Council on March 20, 2008 regarding the removal of BJ Basin, no written answer to letters from Rancho.
Displayed CM letter to Sue Loftin.
Asking for City to include costs - want to confirm that BJ Basin - be included.
Sue Loftin - addressing the drainage master plan and financing associated with that. Problem is flooding, serious is making serious mistake in adopting a flawed plan.
The solution and request in PowerPoint - would like Master plan to reflect that basin is required. Want entire cost (purchase of land,). $318,000 plus interest paid to City for Drainage Master Plan - Has spent almost $700,000 all together.
Want BJ Basin and financing plan to include payment for property and cost to demolish and establish relocation. Entering into record all information given relating to reports and letters.
Want the fee plan to be amended.
David Bentley , 7449 Magellan Street, came forward to address Council. 10 years ago began working with RAncho Carlsbad HOA to - understanding that City would reimburse for construction of necessary facilities. We need City to make a city to determine if this is a flood control facility or not.
The CM letter was disturbing (july 2, 2008)
Would like to know difference between detention and impoundment. If this is necessary, City needs to build it. Folks are reasonable. We do not have commitment from the City. Can not be expected as developers to play Santa Clause - can not afford to pay for the Basin. Is this a flood control basin or not?
Lewis what are your obligations for moving project forward - Mr. Bentley - conditions refer to flood control facility to be financed pursuand to a fommunity facility management plan. Lewis - are you required to relocate the garden and rv park - conditions of approval pursuant to LFMP subject to funding from City of Carlsbad. We do not cause the need for the bAsin
Entered a letter into the record also. Get this from LW.
Jay tarrington with Westfield, faxed letter to City Council - the Ordinances appear to make project pay for substantial drainage fees. Noted that ordinances were confusing; if we do a new map, we will be required to pay drainage fees - staff stated that Westfield could apply for a waiver. The resolution basically allows waivers. Only waivers that can be granted are for three issues - slopes, fire, or temporary structure. Would like clarification of future project liability.
Diana Nygaard, representing Preserve Carlsbad, Creeks and Lagoons are in trouble. We ask that you take action to - direct staff to coordinate water management plans. City has participated in AHL Management Plan. Support integrated planning of water sheds. Provide direction to reduce number of wildlife being displaced.
With Drainage Plan and LCP - City fail to resolve issues early in process. Will continue to work with staff. Provide policy direction so plants, wildlife and people will thank you.
Isabelle Kay, La Jolla, manager of Dawson Preserve (listen to this). Some of the sediment comes from reserve to Rancho Carlsbad. This conditions should be changed - recent changes from Water Resource Agencies.
The Agua Hedionda Water Master Plan- identifies some measures along upper and lower water shed. As part of going forward, please look at Agua Hedionda Water Master Plan.
Look at ways to reduce impacts.
If you do go forward with this plan, consider a more integrated approach. Work with Storm Water colleagues.
Scott Molloy from BIA came forward to address Council. Not in support of fees at this time.
Spoke about recession and fact that fees are not good time. Concerns relating to methodology in developing fees. Showed pics of new LID's
Rather than diverting run off into concrete drains. Must now infiltrate into landscaping.
Showed permeable pavement. Soaks into soil below pavement.
Believe that new requirements, must be incorporated into Drainange Study and Fees.
Recommendation - Support certifying EIR. Do not support that development should pay for existing deficiencies. Listen to this he is speaking rapidly. Want LID incorporated into assumptions of future run off.
Allow for collection off fees at Close of Escrow or Certificate of Occupancy.
Bob Wojcik, Hofman Planning and Engineering - spoke about fees and Westfield. In Basin A - only 195 billable acres to pay for improvements that are needed. Explained that Westfield would have to pay for fee based on gross acreage. Westfield was not included in the 195 billable acres. Plaza Camino real would pay $1.9 million of fee. Suggested sollution - add wording to specify projects that are re-developing (listen to this).
Close PH at 8:34 p.m.
Packard - any staff able to respond to Westfield Question.
Hauser - Ordinance if you have not paid before - would only be subject to fee if increase building footprint by more than 50% even if they come in with a map.
Packard - not sure what the propos? Listen to this part now.
Nygaard - new standards being applied to flood control . . .did staff consider that? Hauser - standards in place for some time. They were permissive for LID. Most projects were using end of pipe treatment that did not use the same type of retention programs. Low Impact Design requirements came into effect this year and do not feel that they will affect the flood control program.
Hauser - listen to this too.
Hauser - most basins in city are built out (about 85%)
We do not belive there would be a significant increase. If Council would like us to go back and look, we can do that.
Hall - when we did the calculation on Basin A - did we incorporate any moneys towards ECR shopping center. Jantz - answered did not include mall because is an existing development.
Packard - being asked to Certify EIR?
packard - has staff received any comments tonight not already addressed? No said Donnell.
Taking one thing at a time.
Lewis - will hold workshops for citizen concerns should adopt this though.
Kulchin - if we were to continue this for a month what impact on the City.
Elliott - fees would be into effect in about 60 days - if you put it off will lengthen time period where there is uncertainty of fees.
Ball - These are development fees and cannot be operative sooner than 60 days -need to change on Ordinance - typographic error - says 30 days.
Hall - would like time to go over information further.
Wants 30 days. Packard - same position as Hall.
Nygaard - would like to move forward with EIR but hold off on the Ordinances.
Lewis - hold over Ordinances but certify EIR.
Withdrew the motion by Kulchin.
Ball - to certify EIR without project would be difficult.
Donnell - CEQA allows certification up to 6 months prior to project.
Unusual procedure.
Motion to approve 13. AB #19,540 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. To consider amending Title 15, Chapter 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, To consider amending Title 21, Chapters 21,38, 21.203 and 21.205 of the Carlsbad Municipal Code, by deleting references to the Master Drainage Plan adopted in 1994 and the Model Erosion Control Ordinance, and by the addition of references to the Proposed Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04); and, To consider certifying a Final Environmental Impact Report (EIR 04-02) and adopting the Candidate Findings of Fact and the Mitigation and Monitoring Reporting Program for the proposed City of Carlsbad Drainage Master Plan Update and the Calavera and Agua Hedionda Creeks project and approving changes to Local Coastal Program policies regarding the Drainage Master Plan, Model Erosion Control Ordinance and Model Grading Ordinance (LCPA 07-06); and, To consider approving the 2008 Drainage Master Plan and approving a change to the City’s Planned Local Drainage Area Fee, Capital Improvement Project No. 3872. Introduction of Ordinance Nos. CS-004 and CS-005. Resolution Nos. 2008-229 and 2008-230. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 13. AB #19,540 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. To consider amending Title 15, Chapter 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, To consider amending Title 21, Chapters 21,38, 21.203 and 21.205 of the Carlsbad Municipal Code, by deleting references to the Master Drainage Plan adopted in 1994 and the Model Erosion Control Ordinance, and by the addition of references to the Proposed Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04); and, To consider certifying a Final Environmental Impact Report (EIR 04-02) and adopting the Candidate Findings of Fact and the Mitigation and Monitoring Reporting Program for the proposed City of Carlsbad Drainage Master Plan Update and the Calavera and Agua Hedionda Creeks project and approving changes to Local Coastal Program policies regarding the Drainage Master Plan, Model Erosion Control Ordinance and Model Grading Ordinance (LCPA 07-06); and, To consider approving the 2008 Drainage Master Plan and approving a change to the City’s Planned Local Drainage Area Fee, Capital Improvement Project No. 3872. Introduction of Ordinance Nos. CS-004 and CS-005. Resolution Nos. 2008-229 and 2008-230. ACTION: (Approved) (Recorded at 02:58:36)
Motion by Kulchin to adopt only Resolution 2008-229
PW Director Glenn Pruim asking for direction of what staff should do? Council just wants to review information provided. Elliott - we can give Council information gathered tonight. If Council would like staff to meet with Rancho people we can do that.
Ordinances continued to September 9th.
Lewis - on mobile home situation - would like comments from Mr. Bentley - feel that those comments are erroneous. Asking for responsibility of Mr. Bentley's project.
Lewis - also under impression that dam would be major drainage basin. The BJ Basin was an element because we had no other project. This is all about money.
Wants Council to have full information.
Kulchin - want to see the 2001 and 2002 letters.
Kulchin - to make motion to September 9, 2008. - motion 5/0
AB #19,540
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING
At 8:59 p.m.
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT AGENDA
Special Meeting
August 5, 2008
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 03:05:28)
Minutes of the Special Meeting held July 15, 2008
Minutes of the Joint Special Meeting held July 15, 2008
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.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
14. AB #661 - ADVERTISE FOR BIDS FOR CONSTRUCTION OF MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT. Approving the plans and specifications for the construction of the Maerkel Reservoir Access Bridge Replacement and directing the Secretary to advertise for bids, Project No. 5006. Resolution No. 1331. ACTION:
Motion to approve 14. AB #661 - ADVERTISE FOR BIDS FOR CONSTRUCTION OF MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT. Approving the plans and specifications for the construction of the Maerkel Reservoir Access Bridge Replacement and directing the Secretary to advertise for bids, Project No. 5006. Resolution No. 1331. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 14. AB #661 - ADVERTISE FOR BIDS FOR CONSTRUCTION OF MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT. Approving the plans and specifications for the construction of the Maerkel Reservoir Access Bridge Replacement and directing the Secretary to advertise for bids, Project No. 5006. Resolution No. 1331. ACTION: (Approved) (Recorded at 03:05:52)
AB #661
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
15. AB #662 - PRESENTATION ON DROUGHT AND WATER SUPPLY CONDITIONS. To receive a presentation on drought and water supply conditions in the Colorado Basin, California and the San Diego region. ACTION:
PW Manager Cari Dale presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Spoke about the outreach activities.
Showed example of tv ad.
Showed photos of water conserving plants.
602-4646 for a water survey by staff.
Showed graphic displaying that water usage is being reduced.
Recycled Water Usage is up 17.75%
Second behind san diego in using recylcled water consumption.
Stated that Desalination Plant being heard tomorrow.
AB #662
ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING
At 9:10 p.m.
Packard - made announcement regarding attending a meeting at the Fire Dispatch JPA.
County Board of Supervisors voted to bring forward a parcel tax - would like Council to take position on support or non-support of tax.
Hall - about 10 days ago attended a transit alliance at NCTD. Asked CM for NCTD to give report for Council.
Smart Growth and Quarry Creek discussed at SANDAG.
Last but most important - went to Eagle Scout Awards - Cecil and Chuck from Bower Lumber. Troop 784 per Packard.
Adjourned at 9:16 p.m.
CONTINUATION OF THE CITY COUNCIL MEETING
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.
Aug 05, 2008 City Council Meeting
Full agenda
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:06:08)
LEGISLATIVE INVOCATION:
Mayor Lewis
PLEDGE OF ALLEGIANCE:
Nygaard.
Mayor Lewis made Charter City Event Signing Announcement.
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:07:07)
Abstained from approval - listen.
Minutes of the Regular Meeting held July 1, 2008
Minutes of the Special Meeting held July 15, 2008
Minutes of the Regular Meeting held July 15, 2008
Minutes of the Joint Special Meeting held July 15, 2008
Minutes of the Special Meeting held July 16, 208
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.
Items 2, 7 through 10 pulled.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:08:06)
Item One Hall and Packard voted No.
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 #19,528 - REVISION AND ESTABLISHMENT OF NEW JOB CLASSIFICATIONS IN THE HOUSING AND REDEVELOPMENT DEPARTMENT AND PUBLIC WORKS DEPARTMENT. Authorizing the revision of a job classification in the Housing and Redevelopment Department, establishment of new job classifications in the Public Works Department; and, amending the General Employee Salary Schedule and Local Conflict of Interest Code. Resolution No. 2008-220. ACTION:
AB #19,528
2. AB #19,529 - ESTABLISHMENT OF NEW TECHNOLOGY RELATED JOB CLASSIFICATIONS. Authorizing the establishment of new job classifications in the Information Technology Department and technology related classifications in other departments; and, amending the General Employee Salary and Management Salary Schedules and Local Conflict of Interest Code. Resolution No. 2008-221. ACTION:
Motion to approve 2. AB #19,529 - ESTABLISHMENT OF NEW TECHNOLOGY RELATED JOB CLASSIFICATIONS. Authorizing the establishment of new job classifications in the Information Technology Department and technology related classifications in other departments; and, amending the General Employee Salary and Management Salary Schedules and Local Conflict of Interest Code. Resolution No. 2008-221. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 2. AB #19,529 - ESTABLISHMENT OF NEW TECHNOLOGY RELATED JOB CLASSIFICATIONS. Authorizing the establishment of new job classifications in the Information Technology Department and technology related classifications in other departments; and, amending the General Employee Salary and Management Salary Schedules and Local Conflict of Interest Code. Resolution No. 2008-221. ACTION: (Approved) (Recorded at 00:10:59)
AB #19,529
3. AB #19,530 - REPORT OUT TERMS AND CONDITIONS. Reporting out the terms and conditions of the settlement agreement in City of Carlsbad v. Time Warner Cable Inc. ACTION:
AB #19,530
4. AB #19,531 - ACCEPTANCE OF DONATION FOR OPPORTUNITY GRANTS PROGRAM. Accepting a cash donation from Mr. Mitch Mason, a FIJI Water employee, and appropriating the funds in support of the Opportunity Grants Program. Resolution No. 2008-222. ACTION:
AB #19,531
5. AB #19,532 - WEED ABATEMENT COST ASSESSMENTS. Approving the report of the Fire Chief showing the cost of weed abatement against each parcel, confirming the cost, and providing for collection on the regular tax bill. Resolution No. 2008-223. ACTION:
AB #19,532
6. AB #19,533 - AUTHORIZE THE PURCHASE OF SIX REPLACEMENT POLICE PATROL SEDANS. Authorizing the purchase of six replacement Police Patrol Sedans. Resolution No. 2008-224. ACTION:
AB #19,533
7. AB #19,534 - AWARD OF CONTRACT. Accepting bids and awarding a contract to SOCAL Pacific Construction Corporation for the Vista/Carlsbad Interceptor Sewer Reaches VC13 through VC15 Manhole Rehabilitation, Project No. 3949. Resolution No. 2008-225. ACTION:
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy encouraged Council to develop a Fire Department Master Plan.
AB #19,534
8. AB #19,535 - STREET VACATION. Summarily vacating a portion of Pine Avenue, STV 08-01. Resolution No. 2008-226. ACTION:
Michele Levy, 3021 Highland Drive, Carlsbad, spoke in support of developing a Fire Department Master Plan.
AB #19,535
9. AB #19,536 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE TRAFFIC SIGNAL AT POINSETTIA LANE AND BLACK RAIL ROAD. Accepting the construction of a traffic signal at Poinsettia Lane and Black Rail Road as complete, and directing the City Clerk to record a Notice of Completion, Project No. 3939-1. Resolution No. 2008-227. ACTION:
Michele Levy, 3021 Highland Drive, Carlsbad,came forward to address Council. Ms. Levy spoke in support of establishing a Fire Department Master Plan.
10. AB #19,537 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SENIOR CENTER IMPROVEMENTS. Accepting the construction of the Senior Center Improvements as complete, and directing the City Clerk to record a Notice of Completion, Project No. 45001-2. Resolution No. 2008-228. ACTION:
Michele Levy, Carlsbad, spoke in support of Fire Department Master Plan.
Encouraged citizens to contact Council.
Hall - absent from vote on eight. One vote for all items.
Motion to approve 10. AB #19,537 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SENIOR CENTER IMPROVEMENTS. Accepting the construction of the Senior Center Improvements as complete, and directing the City Clerk to record a Notice of Completion, Project No. 45001-2. Resolution No. 2008-228. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 10. AB #19,537 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SENIOR CENTER IMPROVEMENTS. Accepting the construction of the Senior Center Improvements as complete, and directing the City Clerk to record a Notice of Completion, Project No. 45001-2. Resolution No. 2008-228. ACTION: (Approved) (Recorded at 00:13:37)
Fire Chief Kevin Crawford explained that the Study is in process - being routed throughout staff to make its way to Council
AB #19,537
ORDINANCE FOR INTRODUCTION:
AB #19,536
11. AB #19,538 - AMEND CARLSBAD MUNICIPAL CODE TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS. To consider amending Title 20, Chapters 20.12 and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2), and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by Senate Bill No. 1185. Introduction of Ordinance No. CS-003. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 11. AB #19,538 - AMEND CARLSBAD MUNICIPAL CODE TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS. To consider amending Title 20, Chapters 20.12 and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2), and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by Senate Bill No. 1185. Introduction of Ordinance No. CS-003. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,538 - AMEND CARLSBAD MUNICIPAL CODE TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS. To consider amending Title 20, Chapters 20.12 and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2), and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by Senate Bill No. 1185. Introduction of Ordinance No. CS-003. ACTION: (Approved) (Recorded at 00:17:03)
AB #19,538
12. AB #19,539 - REPEALING AND ADOPTING CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE REGULATING PURCHASING. Adopting Ordinance No. CS-002, repealing Chapter 3.28 regulating Purchasing in its entirety, and adopting Chapter 3.28 regulating Purchasing in the Carlsbad Municipal Code. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 12. AB #19,539 - REPEALING AND ADOPTING CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE REGULATING PURCHASING. Adopting Ordinance No. CS-002, repealing Chapter 3.28 regulating Purchasing in its entirety, and adopting Chapter 3.28 regulating Purchasing in the Carlsbad Municipal Code. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,539 - REPEALING AND ADOPTING CHAPTER 3.28 OF THE CARLSBAD MUNICIPAL CODE REGULATING PURCHASING. Adopting Ordinance No. CS-002, repealing Chapter 3.28 regulating Purchasing in its entirety, and adopting Chapter 3.28 regulating Purchasing in the Carlsbad Municipal Code. ACTION: (Approved) (Recorded at 00:17:58)
AB #19,539
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.
James Lambert, host of Night Lites TV, on May 15, 2008 came forward to address Council. Spoke in support of Proposition #8 - deciding if marriage is between one man and one woman. SDUTribune advocate for gay marriage. Asking that Council sign a marriage proclamation affirming support for Proposition #8. Requesting that people of Carlsbad support constitution of marriage.
Michele Levy, 3021 Highland Drive, Carlsbad came forward to address Council. Ms. Levy expressed concerns relating to the use of the Farmers Building. $16 million tax dollars used to purchase building. Holding building for 7 years - use money to build park, pool or community building.
Sue Loftin, speaking on behalf of Lanakai Lanes, closed escrow and recorded the lease hold interest with / listen to this.
PUBLIC HEARING:
13. AB #19,540 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. To consider amending Title 15, Chapter 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, To consider amending Title 21, Chapters 21,38, 21.203 and 21.205 of the Carlsbad Municipal Code, by deleting references to the Master Drainage Plan adopted in 1994 and the Model Erosion Control Ordinance, and by the addition of references to the Proposed Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04); and, To consider certifying a Final Environmental Impact Report (EIR 04-02) and adopting the Candidate Findings of Fact and the Mitigation and Monitoring Reporting Program for the proposed City of Carlsbad Drainage Master Plan Update and the Calavera and Agua Hedionda Creeks project and approving changes to Local Coastal Program policies regarding the Drainage Master Plan, Model Erosion Control Ordinance and Model Grading Ordinance (LCPA 07-06); and, To consider approving the 2008 Drainage Master Plan and approving a change to the City’s Planned Local Drainage Area Fee, Capital Improvement Project No. 3872. Introduction of Ordinance Nos. CS-004 and CS-005. Resolution Nos. 2008-229 and 2008-230. ACTION:
Mayor Lewis made announcement - listen to this.
Ron Ball City Attorney explained what the purpose of the Public Hearing is. Spoke about approval of EIR. State Law requires PH for fees. Explained that fees are imposed on the development. There is no Capital Improvement Program or Construction Program or Relocation consequence before Council tonight. The only things before Council EIR and fees.
Deputy City Manager Jim Elliott introduced the item. Stated that Associate Engineer Steve Jantz, Deputy City Engineer Dave Hauser and Senior Planner Scott Donnell presented the staff report.
Gave an overview of presentation.
Jantz reviewed recommended Council Actions.
Overview - of Drainage Master Plan. Current plan was approved by Council in 1994.
May be need to add additional Master Plan Drainage Facilities.
Explained that EIR was a Program Level Environmental Review.
Stated that EIR is now a project level - more detailed of environmental impacts for Calavera and Aguad Hedionda Creek dredging.
Main Components.
city is broken into four Basins (A through D) Each is separate. List of projects and funding program relate to each of the four basins.
Consultant performed hydraulic analysis, confirm previously identified Master Plan storm drain facilities and to identify future storm drain facilities. Also included land development provided drainage facilities. Capital Improvement Program projects.
Final component is Planned Local Drainage Area Fee Program.
Explained that fees are collected up front. - At final map or building permit - look at PowerPOint for this.
Discussed runoff coefficient land use codes.
Planned Local Drainage Area Fee - 34 DRainage Master Plann Projects. Total estimated cost $21,930,385
Gave details of billable acres for each Basin.
Reviewed fee structure.
Back to Basin A - in area there is the Buena Vista Lagoon Area,
Area D - included projects that instead of paying fee will build the Master Plan Drainage Basins.
Listen Steve right now.
Feel that development that has occured has paid fair share.
Emphasized that this is a Planning Document. Projects included does not guarantee that projects will be built. Future facilities will go through project scope and design and will determine what facilities are needed.
When individual projects are brought forward may need more review and mitigation.
Nygaard - what about re-developed land - is that being factored in?
Jantz - yes we did look at redeveloped - assumed that 10% of property would be redeveloped and figured that in. If a fee has been paid - will not go back and collect fee. If redevelopment is for more than 50% we have ability to pro-rate to collect fee for project.
Nygaard - you said 84% of construction paid for 87% of projects.
Jantz - 85% of land in 94 plan has paid for 87% of fee.
Nygaard - confirmed that construction costs have increased and are resulting in fee increases.
CPI used for fee increase did not keep up with costs per Jantz.
Packard - example if there is an acre of parking lot - 100% run off co-efficient. If they put a store on the property would a fee be needed. Mr. Jantz if fee has been paid before no. Hauser made some clarification listen.
Packard - are there new projects in the Plan. Four new projects per Jantz.
Hall - 85% of development paid for 87% of the projects. What was the fee? Mr. Jantz explained that developers asked that Projects be conditioned to provide drainage. Development paid as they went . . . there was no fee.
Hall - on a piece of property that is commercial. Want to add - if square footage is increased by 50% or more of current footprint on the lot, will need to pay fee.
Hauser - program applied to a larger area - contributing to facilities throughout drainage area. Listen to this. Some improvements are helping water quality.
Kulchin - great job explaining it. Future DMP projects will undergo detailed design analysis? What if we do not need something like this?
Jantz - looking at list of projects - all is needed for a purpose.
Hauser explained benefit information.
Lewis - when you mentioned the element of change - in the growth management plan - stipulated that development pay there fair share.
Lewis - asked if fees reduced where will the $$ come from if developers do not paid. Hauser - by particular developer to pick up additional cost - alternative funding sources, assessments, general fund, grants or transnet funds.
Hauser GMP requires that developer would be required. Would not impact other areas.
Hall - made point that developers were able to build without the fee. Hauser - if developer comes in and a facility is required of them - they would get credit towards their fee if they construct. If value of improvement is in excess. Would probably get them the direct credit and enter into agreement with City stating an audit of work would be performed.
Hall - how does this enter into the process. IN Ordinance documents per Hauser.
Drainage Program is different - listen to this???? Hall wants to see page and line in Agenda Bill.
Lewis to Ball - if we have agreement with developer that they are responsible for offsite or for their project because it is needed - where do we get that money. Can city be reimbursed totally for what city has built.
Ball - if City builds something that could have been built by a developer - could be difficult to collect unless an agreement. Listen to Mr. Hauser now.
Hauser if Council built it - listen to this.
David Hauser now to continue with PowerPoint.
Gave project background.
Gave details of Rancho Carlsbad development.
Gave a map of Rancho Carlsbad Flood Control Program.
Explained that Rancho Carlsbad Flood Control Program was included in 1994. Added three basins for sediment control.
In 1996 Howard Chang Flood Study.
Rancho Carlsbad 1997 - agreed to pay $318,000
In 1998 - Rick Engineering Study completed.
In 1999 - Added CIP to repair Lake Calavera Outlet Repair Project.
Gave an overview of map with Basins, Rancho Carlsbad Mobile Home park.
GAve description of project for Agua Hedionda and Calavera Creek Dredge and Improvement Project.
Dredge Accumulated Sediment, Trim and stbilize channel side slopes/ replace down drains/ construct settling basin/ install gabion drop structures.
Gabion drops are wire cages with rock inside help to drop water down in a controlled fashion - slows water down and see less erosion.
Anticipated results: REmoval of all but 6 to 12 lots from 100 year inundation.
Stabilazation of Calavera Creek Banks.
Maintenance Component - monitoring stations will be out at site. To check silt levels. Will also clear settling basin and vegetation and debris removal. Maintenance interval to be determined by inspections.
Kulchin - who?
Hauser - we, being the City for maintenance responsibilities.
Packard - one of the delays and difficulties - will doing maint. on regular basis - will this streamline process? Yes said Hauser.
Scott donnell stated that Planning Commission approved Maintenance stages.
Nygaard - once we get permits, when can we start dredging.
Hauser - applications into resource agencies. Will not get too serious until EIR certified. Once we get that, hopefully will have a schedule to start sometime next year.
Hauser - may get pushed out another year. Donnell - mentioned that appeal filed by coastal commission on behalf of Preserve Calavera.
Lewis - when dam complete, how will that function?
Hauser - dam will be used as flood control facility. Do have a study completed in 2005 by Chang Consultants - would provide same benefits as basin bj. Operating the dam could provide same benefits; however, manually.
Lewis - could be operated by computer? Hauser - could but we do not have it at this time.
Lewis - when will dam be completed. Hauser - complete this year (this month).
Hauser - concerns raised about Chang study. The city has done supplemental drainage studies; as part of submittal to FEMa. Did another analysis by using Chang.
Kulchin - timing of study? Hauser - about three weeks ago. Study maybe 4 to 5 weeks ago.
Hall - are all the channels west of there capable of taking the flows (Calavera)?
Hauser - yes, the basins have been redesigned to accommodate those flows.
Hall - what was analysis used to come up with numbers for the basins? Hauser - consultant reviewed specific project scope and determined what was needed. Looked at previous cost estimates and applied current costs.
Hall - what depth of engineering did we go into this? Hauser - when we took the Master DRainage Plan - used 2006 numbers. These are latest best available numbers from last couple of months.
Ball - stated that page 11 - 15.08.040C - gives authority for reimbursement of fee.
Scott Donnell, Planning Department - walk through EIR for
Mr. Donnell now revieweing EIR - Program adn Project level document.
Program level components need further review.
Listen to previous - had to go take a break.
Donnell - gave an outline of Review Process
Explained process - see powerpoint.
Planning Commission did not act on Drainage Master Plan.
EIR looked at impacts on Program and Project level.
Mitigation - reduce impacts
Explained - Alternatives Analysis - 5 Program Level Alternatives - Environmentally superior alternatives.
Spoke about Resolution to certify EIR - Additional responses to comments - revisions to Final EIR. Revisions to Finding and MMRP.
Spoke about minor revisions to Resolution - spoke about ERRATA - that clarifies and amplifies what is in Resolution and attachments.
Donnell - reviewed proposed text changes - not signifcant and would not conflict with Coastal policies.
Project-Level Dredging and Improvement Permits.
Recommended Council Actions - reviewed by Scott Donnell.
End of staff presentation.
Lewis - on west side of ECR - do our permits allow us to go beyond the bridge structure going westward? Donnell - no. Lewis - do we have to get permission from property owner. Hauser - permits take care of this.
Break at 7:36 p.m. Back at 7:43 p.m.
Open Public Hearing at 7:43 p.m.
Barbara Bevis, Carlsbad, President of Rancho Carlsbad Owners Association - 504 home community. Board and residents have followed the flood mitigation issues for the past 10 years.
A health and safety issue. BJ basin needs to be built and fully funded.
Russ Kohl, carlsbad, past president. Gave a brief background on detention basin bj. Requires 8 aces of land owned by Rancho Carlsbad - of 11 acre parcel. Will displace rv park, community garden and storage building.
Explained that in the 1980 Master Plan the BJ basin was - listen to this or read PowerPOint.
Gave details of chronology of events.
In early 1997 - City approved converiosn of RC to Homeowner Community.
Assessment fully paid in February of 2008
Proposed dredging both creeks per Rick Engineering.
In fall of 2000 HOA - was only 2 years old. Attended draft scoping meeting for Draft EIR
Explained that an agreement was reached - listen to this.
This was in 2002.
Prior to January 2002 hearing - - Rancho Carlsbad withdrew oppostion to EIR 98-02 - look at PowerPoint.
Read from letter from D.Hauser to Sue Loftin.
Spoke about Resolution No. 2002-016 - look at this - I have not seen this Resolution.
Spoke about letter from Cindee K. McMahon regarding option parcel
Bill Arnold - How we got where we are.
Kulchin - do you have copies of letter that was just read to us? Russ - we sent documents including Resolution on March 30th to Council . . .listen for date. Wants all information to go to all Council per Ball and entered into REcord. Have to make sure that we get copy of letter too.
Bill Arnold - spoke about message left on his machine.
Showed photos of Box Culvert and Weir wall. Explained that McMillin made suggestion of how to handle drainage. Listen to this.
The original design of Cannon Road should have included design for drainage.
Effect of 84" pipe - removed flood line from McMillian property and increased property value.
Stated that in October 2005 Chang Consultants stated that BJ Basin not needed.
David Cannon - consultant for Rancho - contradicted Chang report. BJ Basin necessary per Rancho consultant.
When draft EIR UPdate was released in June 2007 - please to see that BJ Basin included in document. Silent on funding for relocation.
City staff continued to say that BJ Basin not needed and would be removed from EIR.
Wrote detailed letter to Council on March 20, 2008 regarding the removal of BJ Basin, no written answer to letters from Rancho.
Displayed CM letter to Sue Loftin.
Asking for City to include costs - want to confirm that BJ Basin - be included.
Sue Loftin - addressing the drainage master plan and financing associated with that. Problem is flooding, serious is making serious mistake in adopting a flawed plan.
The solution and request in PowerPoint - would like Master plan to reflect that basin is required. Want entire cost (purchase of land,). $318,000 plus interest paid to City for Drainage Master Plan - Has spent almost $700,000 all together.
Want BJ Basin and financing plan to include payment for property and cost to demolish and establish relocation. Entering into record all information given relating to reports and letters.
Want the fee plan to be amended.
David Bentley , 7449 Magellan Street, came forward to address Council. 10 years ago began working with RAncho Carlsbad HOA to - understanding that City would reimburse for construction of necessary facilities. We need City to make a city to determine if this is a flood control facility or not.
The CM letter was disturbing (july 2, 2008)
Would like to know difference between detention and impoundment. If this is necessary, City needs to build it. Folks are reasonable. We do not have commitment from the City. Can not be expected as developers to play Santa Clause - can not afford to pay for the Basin. Is this a flood control basin or not?
Lewis what are your obligations for moving project forward - Mr. Bentley - conditions refer to flood control facility to be financed pursuand to a fommunity facility management plan. Lewis - are you required to relocate the garden and rv park - conditions of approval pursuant to LFMP subject to funding from City of Carlsbad. We do not cause the need for the bAsin
Entered a letter into the record also. Get this from LW.
Jay tarrington with Westfield, faxed letter to City Council - the Ordinances appear to make project pay for substantial drainage fees. Noted that ordinances were confusing; if we do a new map, we will be required to pay drainage fees - staff stated that Westfield could apply for a waiver. The resolution basically allows waivers. Only waivers that can be granted are for three issues - slopes, fire, or temporary structure. Would like clarification of future project liability.
Diana Nygaard, representing Preserve Carlsbad, Creeks and Lagoons are in trouble. We ask that you take action to - direct staff to coordinate water management plans. City has participated in AHL Management Plan. Support integrated planning of water sheds. Provide direction to reduce number of wildlife being displaced.
With Drainage Plan and LCP - City fail to resolve issues early in process. Will continue to work with staff. Provide policy direction so plants, wildlife and people will thank you.
Isabelle Kay, La Jolla, manager of Dawson Preserve (listen to this). Some of the sediment comes from reserve to Rancho Carlsbad. This conditions should be changed - recent changes from Water Resource Agencies.
The Agua Hedionda Water Master Plan- identifies some measures along upper and lower water shed. As part of going forward, please look at Agua Hedionda Water Master Plan.
Look at ways to reduce impacts.
If you do go forward with this plan, consider a more integrated approach. Work with Storm Water colleagues.
Scott Molloy from BIA came forward to address Council. Not in support of fees at this time.
Spoke about recession and fact that fees are not good time. Concerns relating to methodology in developing fees. Showed pics of new LID's
Rather than diverting run off into concrete drains. Must now infiltrate into landscaping.
Showed permeable pavement. Soaks into soil below pavement.
Believe that new requirements, must be incorporated into Drainange Study and Fees.
Recommendation - Support certifying EIR. Do not support that development should pay for existing deficiencies. Listen to this he is speaking rapidly. Want LID incorporated into assumptions of future run off.
Allow for collection off fees at Close of Escrow or Certificate of Occupancy.
Bob Wojcik, Hofman Planning and Engineering - spoke about fees and Westfield. In Basin A - only 195 billable acres to pay for improvements that are needed. Explained that Westfield would have to pay for fee based on gross acreage. Westfield was not included in the 195 billable acres. Plaza Camino real would pay $1.9 million of fee. Suggested sollution - add wording to specify projects that are re-developing (listen to this).
Close PH at 8:34 p.m.
Packard - any staff able to respond to Westfield Question.
Hauser - Ordinance if you have not paid before - would only be subject to fee if increase building footprint by more than 50% even if they come in with a map.
Packard - not sure what the propos? Listen to this part now.
Nygaard - new standards being applied to flood control . . .did staff consider that? Hauser - standards in place for some time. They were permissive for LID. Most projects were using end of pipe treatment that did not use the same type of retention programs. Low Impact Design requirements came into effect this year and do not feel that they will affect the flood control program.
Hauser - listen to this too.
Hauser - most basins in city are built out (about 85%)
We do not belive there would be a significant increase. If Council would like us to go back and look, we can do that.
Hall - when we did the calculation on Basin A - did we incorporate any moneys towards ECR shopping center. Jantz - answered did not include mall because is an existing development.
Packard - being asked to Certify EIR?
packard - has staff received any comments tonight not already addressed? No said Donnell.
Taking one thing at a time.
Lewis - will hold workshops for citizen concerns should adopt this though.
Kulchin - if we were to continue this for a month what impact on the City.
Elliott - fees would be into effect in about 60 days - if you put it off will lengthen time period where there is uncertainty of fees.
Ball - These are development fees and cannot be operative sooner than 60 days -need to change on Ordinance - typographic error - says 30 days.
Hall - would like time to go over information further.
Wants 30 days. Packard - same position as Hall.
Nygaard - would like to move forward with EIR but hold off on the Ordinances.
Lewis - hold over Ordinances but certify EIR.
Withdrew the motion by Kulchin.
Ball - to certify EIR without project would be difficult.
Donnell - CEQA allows certification up to 6 months prior to project.
Unusual procedure.
Motion to approve 13. AB #19,540 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. To consider amending Title 15, Chapter 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, To consider amending Title 21, Chapters 21,38, 21.203 and 21.205 of the Carlsbad Municipal Code, by deleting references to the Master Drainage Plan adopted in 1994 and the Model Erosion Control Ordinance, and by the addition of references to the Proposed Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04); and, To consider certifying a Final Environmental Impact Report (EIR 04-02) and adopting the Candidate Findings of Fact and the Mitigation and Monitoring Reporting Program for the proposed City of Carlsbad Drainage Master Plan Update and the Calavera and Agua Hedionda Creeks project and approving changes to Local Coastal Program policies regarding the Drainage Master Plan, Model Erosion Control Ordinance and Model Grading Ordinance (LCPA 07-06); and, To consider approving the 2008 Drainage Master Plan and approving a change to the City’s Planned Local Drainage Area Fee, Capital Improvement Project No. 3872. Introduction of Ordinance Nos. CS-004 and CS-005. Resolution Nos. 2008-229 and 2008-230. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 13. AB #19,540 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. To consider amending Title 15, Chapter 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, To consider amending Title 21, Chapters 21,38, 21.203 and 21.205 of the Carlsbad Municipal Code, by deleting references to the Master Drainage Plan adopted in 1994 and the Model Erosion Control Ordinance, and by the addition of references to the Proposed Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04); and, To consider certifying a Final Environmental Impact Report (EIR 04-02) and adopting the Candidate Findings of Fact and the Mitigation and Monitoring Reporting Program for the proposed City of Carlsbad Drainage Master Plan Update and the Calavera and Agua Hedionda Creeks project and approving changes to Local Coastal Program policies regarding the Drainage Master Plan, Model Erosion Control Ordinance and Model Grading Ordinance (LCPA 07-06); and, To consider approving the 2008 Drainage Master Plan and approving a change to the City’s Planned Local Drainage Area Fee, Capital Improvement Project No. 3872. Introduction of Ordinance Nos. CS-004 and CS-005. Resolution Nos. 2008-229 and 2008-230. ACTION: (Approved) (Recorded at 02:58:36)
Motion by Kulchin to adopt only Resolution 2008-229
PW Director Glenn Pruim asking for direction of what staff should do? Council just wants to review information provided. Elliott - we can give Council information gathered tonight. If Council would like staff to meet with Rancho people we can do that.
Ordinances continued to September 9th.
Lewis - on mobile home situation - would like comments from Mr. Bentley - feel that those comments are erroneous. Asking for responsibility of Mr. Bentley's project.
Lewis - also under impression that dam would be major drainage basin. The BJ Basin was an element because we had no other project. This is all about money.
Wants Council to have full information.
Kulchin - want to see the 2001 and 2002 letters.
Kulchin - to make motion to September 9, 2008. - motion 5/0
AB #19,540
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING
At 8:59 p.m.
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT AGENDA
Special Meeting
August 5, 2008
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 03:05:28)
Minutes of the Special Meeting held July 15, 2008
Minutes of the Joint Special Meeting held July 15, 2008
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.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
14. AB #661 - ADVERTISE FOR BIDS FOR CONSTRUCTION OF MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT. Approving the plans and specifications for the construction of the Maerkel Reservoir Access Bridge Replacement and directing the Secretary to advertise for bids, Project No. 5006. Resolution No. 1331. ACTION:
Motion to approve 14. AB #661 - ADVERTISE FOR BIDS FOR CONSTRUCTION OF MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT. Approving the plans and specifications for the construction of the Maerkel Reservoir Access Bridge Replacement and directing the Secretary to advertise for bids, Project No. 5006. Resolution No. 1331. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 14. AB #661 - ADVERTISE FOR BIDS FOR CONSTRUCTION OF MAERKLE RESERVOIR ACCESS BRIDGE REPLACEMENT. Approving the plans and specifications for the construction of the Maerkel Reservoir Access Bridge Replacement and directing the Secretary to advertise for bids, Project No. 5006. Resolution No. 1331. ACTION: (Approved) (Recorded at 03:05:52)
AB #661
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
15. AB #662 - PRESENTATION ON DROUGHT AND WATER SUPPLY CONDITIONS. To receive a presentation on drought and water supply conditions in the Colorado Basin, California and the San Diego region. ACTION:
PW Manager Cari Dale presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Spoke about the outreach activities.
Showed example of tv ad.
Showed photos of water conserving plants.
602-4646 for a water survey by staff.
Showed graphic displaying that water usage is being reduced.
Recycled Water Usage is up 17.75%
Second behind san diego in using recylcled water consumption.
Stated that Desalination Plant being heard tomorrow.
AB #662
ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING
At 9:10 p.m.
Packard - made announcement regarding attending a meeting at the Fire Dispatch JPA.
County Board of Supervisors voted to bring forward a parcel tax - would like Council to take position on support or non-support of tax.
Hall - about 10 days ago attended a transit alliance at NCTD. Asked CM for NCTD to give report for Council.
Smart Growth and Quarry Creek discussed at SANDAG.
Last but most important - went to Eagle Scout Awards - Cecil and Chuck from Bower Lumber. Troop 784 per Packard.
Adjourned at 9:16 p.m.
CONTINUATION OF THE CITY COUNCIL MEETING
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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