Video index
CALL TO ORDER: 6:00 P.M.
AB #410
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:02:06)
PRESENTATIONS:
Proclamation Presentation in Recognition of National Preparedness Month and Community Emergency Response Team (CERT) Recognition.
Council stepped down from the dais to present Proclamation to Emergency Preparedness Coordinator David Harrison in recognition of National Preparedness Month.
Mayor Lewis read the Proclamation.
Mr. Harrison thanked the Council for the recognition. Mr. Harrison gave brief overview of the CERT program.
Did not introduce everyone . .. called members forward for group photograph in front of podium.
Listed names: Nancy Jackson, Jay Horton, Mr. McDonald, Erol. . . capture names from Mr. Harrison tomorrow. 25 Members of CERT team to be photographed.
Council photographed with CERT volunteers by Fire Department volunteer photographer.
Council returned to dais at 6:09 p.m.
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 number 1 and 4 only approved first.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:13:37)
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 #19,580 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of August 31, 2008. ACTION:
AB #19,580
2. AB #19,581 - REQUEST FOR OUT-OF-STATE TRAVEL. Approving the out-of-state travel request for the Senior Management Analyst in the Information Technology (IT) Department to attend the Help Desk Institute Government Forum, October 14-17, 2008 in Miami, Florida. Resolution No. 2008-264. ACTION:
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy encouraged the Council to develop a Fire Department Master Plan.
AB #19,581
3. AB #19,551 - APPROVE AGREEMENT FOR BUILDING PLAN CHECK SERVICES. Approving an agreement with Esgil Corporation for building plan check services. Resolution No. 2008-238. ACTION:
Michele Levy, Carlsbad, spoke in support of developing a Fire Department Master Plan.
AB #19,551
4. AB #19,573 - REPORT OUT TERMS AND CONDITIONS. Reporting out the terms and conditions of the settlement agreement regarding the properties located at 7550 and 7551 Agua Dulce Court. ACTION:
AB #19,573
5. AB #19,582 - ADVERTISE FOR BIDS. Approving the plans and specifications for the 2008-09 Concrete Replacement and authorizing the City Clerk to advertise for bids, Project No. 6013,. Resolution No. 2008-265. ACTION:
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy once again spoke in support of Fire Department Master Plan.
Council Member Packard asked that bid be a non-prevailing wage basis.
PW Director Glenn Pruim came forward to address Council. Mr. Pruim - the specs are currently put together as a non-prevailing wage project. Could possibly save the City some money. Lewis - how long. Would take a couple of weeks for staff.
Nygaard - since list has not been established have a problem with doing this at this time.
Hall - not sure if project list or policy should be established.
Deputy CM Jim Elliott - said may take up to the end of the year to develop a policy. May need to do an analysis dependent upon type of project.
Kulchin - if we postponed this would it have a negative impact.
Pruim - could have a detrimental effect due to time element.
Lewis agreed with Nygaard.
Nygaard - want to go forward as proposed tonight and wait until policy in place.
For all items.
Vote to approve 7. AB #19,584 - REPORT OUT SETTLEMENT AGREEMENT AND RELEASE. Reporting out the Settlement Agreement and Mutual Release with the California Regional Water Quality Control Board for the mitigation of the pipeline break and discharge of sewage into the Buena Vista Lagoon that occurred on April 1, 2007, Complaint No. R9-2007-0099, and authorizing the appropriation of funds from the Sewer Enterprise Operating Reserve fund to pay for Carlsbad's share of the assessment. Resolution No. 2008-267. ACTION: (Approved) (Recorded at 00:34:15)
Motion to approve 7. AB #19,584 - REPORT OUT SETTLEMENT AGREEMENT AND RELEASE. Reporting out the Settlement Agreement and Mutual Release with the California Regional Water Quality Control Board for the mitigation of the pipeline break and discharge of sewage into the Buena Vista Lagoon that occurred on April 1, 2007, Complaint No. R9-2007-0099, and authorizing the appropriation of funds from the Sewer Enterprise Operating Reserve fund to pay for Carlsbad\'s share of the assessment. Resolution No. 2008-267. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
AB #19,582
6. AB #19,583 - APPROVE AGREEMENT FOR ACQUISITION OF TWO ACRES OF LAND. Approving an agreement for the acquisition of two acres of land in Robertson Ranch PA 13 for the future relocation of Fire Station No. 3. Resolution No. 2008-266. ACTION:
Michele Levy, Carlsbad, came forward to address Council. Spoke in support of developing a Fire Department Master Plan.
Kasey Cinciarelli, Carlsbad, came forward to address Council. Ms.Cinciarelli expressed concerns relating to location of fire station - puts more residents further out of 5 minute response time. Spoke about land at Glasgow and Carlsbad Village Drive at one time set aside for a Fire Station - is this land going to be sold to reimburse taxpayers. Are taxpayers paying a fair amount for the land.
Chief Crawford explained that new location will be a benefit to the citizens because large portion of central Carlsbad will be accessible. The boundary drop with Oceanside covers north Calavera area also.
AB #19,583
Cynthia Haas came forward to address price paid. Spoke about agreement entered into with Robertson many years ago. Stated that we are paying about $17 per square foot. Received a good deal for the City. Hall asked about Glasgow property. Ms. Haas explained that part of a goal - all city owned property is being evaluated. New site is more in alignment with needs.
Haas - affordable units not being displayed was originally a elementary school site.
7. AB #19,584 - REPORT OUT SETTLEMENT AGREEMENT AND RELEASE. Reporting out the Settlement Agreement and Mutual Release with the California Regional Water Quality Control Board for the mitigation of the pipeline break and discharge of sewage into the Buena Vista Lagoon that occurred on April 1, 2007, Complaint No. R9-2007-0099, and authorizing the appropriation of funds from the Sewer Enterprise Operating Reserve fund to pay for Carlsbad's share of the assessment. Resolution No. 2008-267. ACTION:
Diane Nygaard, Carlsbad, representing Preserve Calavera came forward to address Council. Ms. Nygaard spoke about the fine $$ to be spent on local area - spoke in support. Spoke in support of the money being kept local.
AB #19,584
DEPARTMENTAL AND CITY MANAGER REPORTS
Council concurred to move forward Department Report Item Number 15.
15. AB #19,587 - REPORT ON COMPREHENSIVE PLANNING AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D. To receive a report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands and to consider directing staff to prepare the zoning and related land use documents necessary to implement Proposition D. Resolution No. 2008-268, and Resolution of Intention No. 2008-269. ACTION:
Sandra Holder presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Ms. Holder read names of all committee members.
Committee Member Farrah Douglas came forward to review the Final Report.
PowerPoint on file in the Office of the City clerk.
test
Spoke about Public Outreach.
Approximately 150 citizens attended community workshops.
300+ people participated in on-line survey.
Conclusion of presentation now - this is a vision and guiding principles. This is for the future should agriculture no longer be viable.
Gary Barberio - now doing the presentation.
Mr. Barberio reviewed the proposed actions for Council consideration.
Council Member Hall - what type of Environmental documents will need to be processed as we go forward. Gary Barberio - maybe a mitigated negative dec, however, not sure. Land use changes will need to go through environmental review. Hall - what timef rame? Barberio - about a year to Council and then forward to California Coastal Commission.
Council Member Nygaard asked for list of permitted uses under Vision Plan.
Gary Barberio - Primary permitted agricultural uses (page 7 of final report) - AG Crop Production; AG related education; Farmer Market; Floral Trade Center; Tree and Seed growing farms; vineyards and winery. Look at Report for listing.
Page 10 Open Space permitted uses.
Museums, parks, performing arts center, sports centers.
Also reviewed secondary uses.
Nygaard - thanked the Committee.
ES Mason, Carlsbad, has participated in Prop D process for several months. Some property bordering on Agua Hedionda Lagoon - would like lagoon developed to a family oriented water park. Well thought out plan will give a facility that few can now envision. A plan in which all activities compliment each other. Group asking for plan to be developed.
Charles Walkery, Carlsbad, also spoke in support of Mr. Mason's plan. Would have like more attention given to access of lagoon for water sports.
Prop D did not adequately address matters of the inner lagoon. Would like to see entire lagoon made into a City park.
Council Member Hall - confirmed that boating activities would be included.
Lewis - explained that State Lands own the sand and NRG owns the water portion. A legal issue regarding liability. We can still look at it.
Chris Caulkins, President of Carltas - owner of the Flower Fields. Respected process and outreach efforts. Fundamental issue regarding plans for private property. Planning effort was designed to create non-profit uses. Process not going to be easy. Citizens wanted the area to stay agriculture. Have an area of city that is different and cannot be subject to same requirements as commercial.
An area has been created that needs special consideration as long as agriculture continues. There will need to be a planning effort to create a partnership. Will require engagement of all of the stakeholders. Tension needs to be addressed.
Needs to be recognition that Prop D has created an area like no other in the state. Have to figure out a way without direct subsidy.
Hall - seems to me through the conversation, more uses will be allowed through changes - will these need special consideration and subsidy? Caulkins - the way in which the future projects will be considered - message is that Council and staff be conscious of changes.
Packard - we are going into unchartered territory. Process was to assist with clarity of Proposition D.
Hall - question of staff - comment on Caulkins comments.
Barberio - Mr. Caulkins - Carltas owns two parcels. Listen to Barberio's comments. Prop D actually expands possible uses on the lands.
Will take a unique work effort to keep agriculture on the property.
Hall - so in order to have special understandings, is that something we will work through in the next year.
Barberio - first step is taking action on proposed Resolutions. We need to also start conversations with the property owners.
Nygaard - I agree with Mr. Caukins. A unique situation.
Hall - thanked people who worked on this. Trying to look at fairness issue. Will need to be a working relationship. Also spoke in support of water sports on the lagoon.
Kulchin - more permitted agricultural.
Lewis - Caulkins comments are valid.
Motion to approve 15. AB #19,587 - REPORT ON COMPREHENSIVE PLANNING AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D. To receive a report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands and to consider directing staff to prepare the zoning and related land use documents necessary to implement Proposition D. Resolution No. 2008-268, and Resolution of Intention No. 2008-269. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 15. AB #19,587 - REPORT ON COMPREHENSIVE PLANNING AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D. To receive a report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands and to consider directing staff to prepare the zoning and related land use documents necessary to implement Proposition D. Resolution No. 2008-268, and Resolution of Intention No. 2008-269. ACTION: (Approved) (Recorded at 01:22:20)
Amended to include looking into water sports.
REcess at 7:20 p.m.
Returned from Recess at 7:26 p.m.
AB #19,587
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.
Michele Levy, Carlsbad, came forward to address Council. Spoke about Farmers Insurance Building. Spoke about Alga Norte Park. What is Farmers Building being used for?
Heidi Willis, Carlsbad, came forward to address Council. Spoke about Proposition 8 and being between a man and a woman.
Important to define marriage. Beauty in acknowledging differences o.k. Family and marriage is constant - needs to be preserved.
Erika Kabakanga, Carlsbad, came forward to address Council. Also spoke in support of Proposition 8 - pro family.
Thomas Dempsey, Oceanside, came forward to address Council. Spoke in support of agreement for one hour access to use gate for school district during a.m. and p.m. Would allow parents to drop off and pick up kids at Calavera School. Gave a heads up to Mr. Johnson regarding the issue. Showed photos on wall (not on file in the office of the City Clerk). Listen to last comments.
Jim Courtney, Carlsbad, came forward to address Council. Asking that Council administratively add an item to agenda for re-consideration to re-vote. Started project 8 to 9 years ago.
Do not feel that they were given a proper hearing. Confusion at meeting last week, if you deny without prejudice we can go about reducing project.
Council did not realize that approval of project with prejudice kills the project. Asking for it to be denied without project at next meeting and re-visit the vote.
Packard - can legal counsel answer Mr. Courtney's question regarding prejudice.
Assistant City Attorney Mobaldi explained the difference between with prejudiced and without prejudiced.
Once a final determination is made, applicant will have to file a new application with re-paying fees.
Council Member Hall - a third possibility would be to refer it back to Planning Commission.
Mobaldi - you would have to unwind the action . . . . . .listen to these comments.
Mobaldi - would have to come back with different project or came back in one year with same type of project.
Packard asking that it be put back on the agenda and let item to come back to rescind item - allow maybe a different process.. Packard Motion - Hall a seocnded - 2 / 3 does not go back on the agenda.
ORDINANCES FOR INTRODUCTION:
8. AB #19,591 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE EFFECTIVE DATE OF ORDINANCES. To consider adding Section 1.20.610 to Title 1, of the Carlsbad Municipal Code regarding the effective date of ordinances. Introduction of Ordinance No. CS-009. ACTION:
Assistant City Attorney Jane Mobaldi titled the Ordinance.
Motion to approve 8. AB #19,591 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE EFFECTIVE DATE OF ORDINANCES. To consider adding Section 1.20.610 to Title 1, of the Carlsbad Municipal Code regarding the effective date of ordinances. Introduction of Ordinance No. CS-009. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,591 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE EFFECTIVE DATE OF ORDINANCES. To consider adding Section 1.20.610 to Title 1, of the Carlsbad Municipal Code regarding the effective date of ordinances. Introduction of Ordinance No. CS-009. ACTION: (Approved) (Recorded at 01:57:59)
AB #19,591
9. AB #19,585 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON LIONSHEAD AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.850 to establish a prima facie 50 mile per hour speed limit on Lionshead Avenue from Melrose Drive to the east city limit. Introduction of Ordinance No. CS-008. ACTION:
Assistant City Attorney Jane Mobaldi titled the Ordinance.
Motion to approve 9. AB #19,585 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON LIONSHEAD AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.850 to establish a prima facie 50 mile per hour speed limit on Lionshead Avenue from Melrose Drive to the east city limit. Introduction of Ordinance No. CS-008. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 9. AB #19,585 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON LIONSHEAD AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.850 to establish a prima facie 50 mile per hour speed limit on Lionshead Avenue from Melrose Drive to the east city limit. Introduction of Ordinance No. CS-008. ACTION: (Approved) (Recorded at 01:59:04)
AB #19,585
10. AB #19,592 - AMEND THE CARLSBAD MUNICIPAL CODE REGARDING THE REGULATION OF FATS, OILS AND GREASE. To consider amending Title 13 of the Carlsbad Municipal Code by the revision of Sections 13.04.010 and 13.04.050, and by the addition of Section 13.06 establishing a Fats, Oils and Grease (FOG) Control Program. Introduction of Ordinance No. CS-010. ACTION:
PW Superintendent Don Wasko and PW Manager Cari Dale to present the staff report.
Council Member Hall stepped down from the dais due to a potential conflict of interest at 7:57 p.m.
Mr. Wasko gave an overview of the proposed Ordinance and a background on community outreach.
Showed photos of impacts of grease on sewer service.
Showed photos of grease control devices.
Reviewed impacts to food service facilities in the service area.
Reviewed staff recommendation.
End of staff presentation.
Nygaard - explain why this is important and impact to the city. Wasko - this is a state ordered mandate to enact for less impacts on sewer system. Effects public health and environment.
Nygaard - have we had problems because of violations of FOG. Wasko - approximately 25 to 30% caused by FOG.
Cari Dale explained that state mandates have timelines - the timeline for adopting the FOG Ordinance is beginning of November of this year. If we delay, we will be out of compliance.
Packard - having an Ordinance and guidelines in place do not necessarily compel an establishment to install new devices as long as there is no problems. Mr. Wasko said that regular inspections the City will check.
Cari Dale - explained that trigger mechanisms could cause a change.
Kulchin - please explain how things can be traced with the cameras.
Wasko - a program is being implemented a closed circuit tv program with camera that can view laterals coming from business.
Lewis - on remodeling element - major or minor? Or does it matter?
Cari Dale - actually a remodel that costs $50,000 or more.
Lewis - change of ownership - how about leasing out the restaurant?
Cari Dale - that would be interpreted as transfer of property - only if sold. Per Dale - leasing does not impact.
Tom Arnold, Carlsbad, spoke in opposition to any fees to implement the program. Take steps to help the small businesses rather than add more fees.
Nygaard - confirmed understanding of state mandates.
Michael Babawal, Carlsbad Chamber of Commerce - would like to see fee schedule for variances and waivers prior to adoption. Would like more description who needs to provide adequate documents for waivers and variances. Who will do studies - city or restaurants - because of cost impacts to businesses.
Kulchin - any answers to Mr. Babawal.
Alan Wanamaker, Carlsbad, came forward to address Council. Owns a restaurant and knows pipes are horrible. I do not want to contribute to the problem.
Called Sacramento regarding Ordinance. They are not mandating a specific type of grease control devices. Maintaining traps are just as important as having the trap. Asking Council to direct staff to consider the possibilities that something other than grease interceptor vs. a large grease trap.
Kulchin - we try to be very objective - in Mr. Wanamaker's establishment needs a small grease trap per Mr. Wasko.
Packard - is an interceptor a category or a specific product?
Wasko - the interceptor is the larger version for larger turnover. Does our ordinance allow grease traps of various sizes asked Packard.
Wasko - criteria are established based on area and volume and type of food. Cari Dale - grease control devices are sized according to the uniform plumbing code. Also provisions where a restaurant can request an alternative treatment device rather than a grease interceptor.
Lewis - does state mandate state that an interceptor is required. Cari Dale - state order does not specify what type of device. More concerned that a program is in place and functioning rather than what device is used.
Wasko - explains that starts with checking the mains.
Lewis - do we have to perform a scan for each establishment.
Wasko - goes back to BMP's. Cari Dale - if staff that cleans sewer system - can help determine if a sewer line is impacted by a certain business.
Nygaard - need to move forward with this.
Packard - spoke in support of Ordinance.
Kulchin - also spoke in support.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
Motion to approve 10. AB #19,592 - AMEND THE CARLSBAD MUNICIPAL CODE REGARDING THE REGULATION OF FATS, OILS AND GREASE. To consider amending Title 13 of the Carlsbad Municipal Code by the revision of Sections 13.04.010 and 13.04.050, and by the addition of Section 13.06 establishing a Fats, Oils and Grease (FOG) Control Program. Introduction of Ordinance No. CS-010. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 10. AB #19,592 - AMEND THE CARLSBAD MUNICIPAL CODE REGARDING THE REGULATION OF FATS, OILS AND GREASE. To consider amending Title 13 of the Carlsbad Municipal Code by the revision of Sections 13.04.010 and 13.04.050, and by the addition of Section 13.06 establishing a Fats, Oils and Grease (FOG) Control Program. Introduction of Ordinance No. CS-010. ACTION: (Approved) (Recorded at 02:32:05)
CM Hall returned at 8:30 p.m.
AB #19,592
ORDINANCE FOR ADOPTION:
11. AB #19,586 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. Adopting Ordinance No. CS-007, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. ACTION:
ACA Jane Mobaldi titled the Ordinance.
Motion to approve 11. AB #19,586 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. Adopting Ordinance No. CS-007, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,586 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. Adopting Ordinance No. CS-007, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. ACTION: (Approved) (Recorded at 02:32:58)
AB #19,586
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING
8:30 p.m.
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
SPECIAL MEETING
AGENDA
September 23, 2008
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
12. AB #667 - APPROVE AGREEMENT FOR RECYCLED WATER SERVICE. Approving an agreement with the Vallecitos Water District for recycled water service. Resolution No. 1338. ACTION:
Motion to approve 12. AB #667 - APPROVE AGREEMENT FOR RECYCLED WATER SERVICE. Approving an agreement with the Vallecitos Water District for recycled water service. Resolution No. 1338. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #667 - APPROVE AGREEMENT FOR RECYCLED WATER SERVICE. Approving an agreement with the Vallecitos Water District for recycled water service. Resolution No. 1338. ACTION: (Approved) (Recorded at 02:33:34)
AB #667
13. AB #668 - DROUGHT RESPONSE PLAN AND WATER SUPPLY UPDATE. To receive a report on the current drought conditions affecting the Carlsbad Municipal Water District. ACTION:
Deputy Public Works Director Mark Stone presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave examples of conservation practices.
Nygaard - at what stage would we stop development of housing in Carlsbad. In draft ordinance, staff was recommending critical level - Level 3.
Lewis - suggests that rather than 10% we go to 12% to establish a water bank to help businesses. Would like an update on how to accomplish a water bank????
Lewis - would like to mirror San Diego - when San Diego starts we should follow suit.
Hall - would be interesting to see what the impact agricultural uses has on water usage. What would citizens be willing to give up to maintain agricultural.
Stone - the ag. businesses use only 3 to 5% of water consumption in Carlsbad.
Hall - is it the state or county that says agriculture is the first to cut back?
Stone - the agricultural signed up for a special rate in exchange for being the first to take cuts of reduction is ordered.
AB #668
ADJOURNMENT TO HOUSING AND REDEVELOPMENT COMMISSION MEETING
At 8:48 p.m.
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
SPECIAL MEETING
AGENDA
September 23, 2008
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 02:51:17)
Packard - absent on the 15 th.
Minutes from the Regular Meeting held July 15, 2008.
Minutes from the Special Meeting held July 22, 2008.
PUBLIC HEARING:
14. AB #410 - CORNER GRAND AVENUE EXTENSION. To consider approving a request for an extension of a Major Redevelopment Permit (RP 05-01), to allow the construction of a 6,811 square foot 2 unit apartment project, located at 786 Grand Avenue. Resolution No. 459. ACTION:
Commissioner Packard stepped down from dais at 8:50 p.m. due to potential conflict of interest.
Assistant Planner Austin Silva presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave overview of the project including setbacks.
Staff recommending approval of proposed project.
Hall - why wasn't this a consent item.
ACA Mobaldi stated that this only has to do with tentative maps. The Major Redevelopment Permit requires a Public Hearing.
Lewis - will vote no.
Lewis - consider project out of place.
Lewis - opened PH at 8:56 and closed at 8:56
Motion to approve 14. AB #410 - CORNER GRAND AVENUE EXTENSION. To consider approving a request for an extension of a Major Redevelopment Permit (RP 05-01), to allow the construction of a 6,811 square foot 2 unit apartment project, located at 786 Grand Avenue. Resolution No. 459. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 14. AB #410 - CORNER GRAND AVENUE EXTENSION. To consider approving a request for an extension of a Major Redevelopment Permit (RP 05-01), to allow the construction of a 6,811 square foot 2 unit apartment project, located at 786 Grand Avenue. Resolution No. 459. ACTION: (Approved) (Recorded at 02:59:32)
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
At 8:57 p.m.
CONTINUATION OF THE CITY COUNCIL MEETING
16. AB #19,588 - PARKS AND RECREATION COMMISSION APPOINTMENTS. To consider appointing three members to the Parks and Recreation Commission. Resolution Nos. 2008-270, 2008-271 and 2008-272. ACTION:
Listen to this. Diane - is on P&R.
AB #19,588
Motion to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: (Approved) (Recorded at 03:00:42)
17. AB #19,589 - ARTS COMMISSION APPOINTMENT. To consider appointing one member to the Arts Commission. Resolution No. 2008-273. ACTION:
Motion to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: (Approved) (Recorded at 03:01:15)
AB #19,589
18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION:
Motion to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: (Approved) (Recorded at 03:01:29)
AB #19,590
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.
Send appointments to Jane Mobaldi.
Packard speaking about SB 375
Announcement - by L.Wood.
adjourned at 9:08 p.m.
Sep 23, 2008 City Council Meeting
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CALL TO ORDER: 6:00 P.M.
AB #410
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:02:06)
PRESENTATIONS:
Proclamation Presentation in Recognition of National Preparedness Month and Community Emergency Response Team (CERT) Recognition.
Council stepped down from the dais to present Proclamation to Emergency Preparedness Coordinator David Harrison in recognition of National Preparedness Month.
Mayor Lewis read the Proclamation.
Mr. Harrison thanked the Council for the recognition. Mr. Harrison gave brief overview of the CERT program.
Did not introduce everyone . .. called members forward for group photograph in front of podium.
Listed names: Nancy Jackson, Jay Horton, Mr. McDonald, Erol. . . capture names from Mr. Harrison tomorrow. 25 Members of CERT team to be photographed.
Council photographed with CERT volunteers by Fire Department volunteer photographer.
Council returned to dais at 6:09 p.m.
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 number 1 and 4 only approved first.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:13:37)
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 #19,580 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of August 31, 2008. ACTION:
AB #19,580
2. AB #19,581 - REQUEST FOR OUT-OF-STATE TRAVEL. Approving the out-of-state travel request for the Senior Management Analyst in the Information Technology (IT) Department to attend the Help Desk Institute Government Forum, October 14-17, 2008 in Miami, Florida. Resolution No. 2008-264. ACTION:
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy encouraged the Council to develop a Fire Department Master Plan.
AB #19,581
3. AB #19,551 - APPROVE AGREEMENT FOR BUILDING PLAN CHECK SERVICES. Approving an agreement with Esgil Corporation for building plan check services. Resolution No. 2008-238. ACTION:
Michele Levy, Carlsbad, spoke in support of developing a Fire Department Master Plan.
AB #19,551
4. AB #19,573 - REPORT OUT TERMS AND CONDITIONS. Reporting out the terms and conditions of the settlement agreement regarding the properties located at 7550 and 7551 Agua Dulce Court. ACTION:
AB #19,573
5. AB #19,582 - ADVERTISE FOR BIDS. Approving the plans and specifications for the 2008-09 Concrete Replacement and authorizing the City Clerk to advertise for bids, Project No. 6013,. Resolution No. 2008-265. ACTION:
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy once again spoke in support of Fire Department Master Plan.
Council Member Packard asked that bid be a non-prevailing wage basis.
PW Director Glenn Pruim came forward to address Council. Mr. Pruim - the specs are currently put together as a non-prevailing wage project. Could possibly save the City some money. Lewis - how long. Would take a couple of weeks for staff.
Nygaard - since list has not been established have a problem with doing this at this time.
Hall - not sure if project list or policy should be established.
Deputy CM Jim Elliott - said may take up to the end of the year to develop a policy. May need to do an analysis dependent upon type of project.
Kulchin - if we postponed this would it have a negative impact.
Pruim - could have a detrimental effect due to time element.
Lewis agreed with Nygaard.
Nygaard - want to go forward as proposed tonight and wait until policy in place.
For all items.
Vote to approve 7. AB #19,584 - REPORT OUT SETTLEMENT AGREEMENT AND RELEASE. Reporting out the Settlement Agreement and Mutual Release with the California Regional Water Quality Control Board for the mitigation of the pipeline break and discharge of sewage into the Buena Vista Lagoon that occurred on April 1, 2007, Complaint No. R9-2007-0099, and authorizing the appropriation of funds from the Sewer Enterprise Operating Reserve fund to pay for Carlsbad's share of the assessment. Resolution No. 2008-267. ACTION: (Approved) (Recorded at 00:34:15)
Motion to approve 7. AB #19,584 - REPORT OUT SETTLEMENT AGREEMENT AND RELEASE. Reporting out the Settlement Agreement and Mutual Release with the California Regional Water Quality Control Board for the mitigation of the pipeline break and discharge of sewage into the Buena Vista Lagoon that occurred on April 1, 2007, Complaint No. R9-2007-0099, and authorizing the appropriation of funds from the Sewer Enterprise Operating Reserve fund to pay for Carlsbad\'s share of the assessment. Resolution No. 2008-267. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
AB #19,582
6. AB #19,583 - APPROVE AGREEMENT FOR ACQUISITION OF TWO ACRES OF LAND. Approving an agreement for the acquisition of two acres of land in Robertson Ranch PA 13 for the future relocation of Fire Station No. 3. Resolution No. 2008-266. ACTION:
Michele Levy, Carlsbad, came forward to address Council. Spoke in support of developing a Fire Department Master Plan.
Kasey Cinciarelli, Carlsbad, came forward to address Council. Ms.Cinciarelli expressed concerns relating to location of fire station - puts more residents further out of 5 minute response time. Spoke about land at Glasgow and Carlsbad Village Drive at one time set aside for a Fire Station - is this land going to be sold to reimburse taxpayers. Are taxpayers paying a fair amount for the land.
Chief Crawford explained that new location will be a benefit to the citizens because large portion of central Carlsbad will be accessible. The boundary drop with Oceanside covers north Calavera area also.
AB #19,583
Cynthia Haas came forward to address price paid. Spoke about agreement entered into with Robertson many years ago. Stated that we are paying about $17 per square foot. Received a good deal for the City. Hall asked about Glasgow property. Ms. Haas explained that part of a goal - all city owned property is being evaluated. New site is more in alignment with needs.
Haas - affordable units not being displayed was originally a elementary school site.
7. AB #19,584 - REPORT OUT SETTLEMENT AGREEMENT AND RELEASE. Reporting out the Settlement Agreement and Mutual Release with the California Regional Water Quality Control Board for the mitigation of the pipeline break and discharge of sewage into the Buena Vista Lagoon that occurred on April 1, 2007, Complaint No. R9-2007-0099, and authorizing the appropriation of funds from the Sewer Enterprise Operating Reserve fund to pay for Carlsbad's share of the assessment. Resolution No. 2008-267. ACTION:
Diane Nygaard, Carlsbad, representing Preserve Calavera came forward to address Council. Ms. Nygaard spoke about the fine $$ to be spent on local area - spoke in support. Spoke in support of the money being kept local.
AB #19,584
DEPARTMENTAL AND CITY MANAGER REPORTS
Council concurred to move forward Department Report Item Number 15.
15. AB #19,587 - REPORT ON COMPREHENSIVE PLANNING AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D. To receive a report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands and to consider directing staff to prepare the zoning and related land use documents necessary to implement Proposition D. Resolution No. 2008-268, and Resolution of Intention No. 2008-269. ACTION:
Sandra Holder presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Ms. Holder read names of all committee members.
Committee Member Farrah Douglas came forward to review the Final Report.
PowerPoint on file in the Office of the City clerk.
test
Spoke about Public Outreach.
Approximately 150 citizens attended community workshops.
300+ people participated in on-line survey.
Conclusion of presentation now - this is a vision and guiding principles. This is for the future should agriculture no longer be viable.
Gary Barberio - now doing the presentation.
Mr. Barberio reviewed the proposed actions for Council consideration.
Council Member Hall - what type of Environmental documents will need to be processed as we go forward. Gary Barberio - maybe a mitigated negative dec, however, not sure. Land use changes will need to go through environmental review. Hall - what timef rame? Barberio - about a year to Council and then forward to California Coastal Commission.
Council Member Nygaard asked for list of permitted uses under Vision Plan.
Gary Barberio - Primary permitted agricultural uses (page 7 of final report) - AG Crop Production; AG related education; Farmer Market; Floral Trade Center; Tree and Seed growing farms; vineyards and winery. Look at Report for listing.
Page 10 Open Space permitted uses.
Museums, parks, performing arts center, sports centers.
Also reviewed secondary uses.
Nygaard - thanked the Committee.
ES Mason, Carlsbad, has participated in Prop D process for several months. Some property bordering on Agua Hedionda Lagoon - would like lagoon developed to a family oriented water park. Well thought out plan will give a facility that few can now envision. A plan in which all activities compliment each other. Group asking for plan to be developed.
Charles Walkery, Carlsbad, also spoke in support of Mr. Mason's plan. Would have like more attention given to access of lagoon for water sports.
Prop D did not adequately address matters of the inner lagoon. Would like to see entire lagoon made into a City park.
Council Member Hall - confirmed that boating activities would be included.
Lewis - explained that State Lands own the sand and NRG owns the water portion. A legal issue regarding liability. We can still look at it.
Chris Caulkins, President of Carltas - owner of the Flower Fields. Respected process and outreach efforts. Fundamental issue regarding plans for private property. Planning effort was designed to create non-profit uses. Process not going to be easy. Citizens wanted the area to stay agriculture. Have an area of city that is different and cannot be subject to same requirements as commercial.
An area has been created that needs special consideration as long as agriculture continues. There will need to be a planning effort to create a partnership. Will require engagement of all of the stakeholders. Tension needs to be addressed.
Needs to be recognition that Prop D has created an area like no other in the state. Have to figure out a way without direct subsidy.
Hall - seems to me through the conversation, more uses will be allowed through changes - will these need special consideration and subsidy? Caulkins - the way in which the future projects will be considered - message is that Council and staff be conscious of changes.
Packard - we are going into unchartered territory. Process was to assist with clarity of Proposition D.
Hall - question of staff - comment on Caulkins comments.
Barberio - Mr. Caulkins - Carltas owns two parcels. Listen to Barberio's comments. Prop D actually expands possible uses on the lands.
Will take a unique work effort to keep agriculture on the property.
Hall - so in order to have special understandings, is that something we will work through in the next year.
Barberio - first step is taking action on proposed Resolutions. We need to also start conversations with the property owners.
Nygaard - I agree with Mr. Caukins. A unique situation.
Hall - thanked people who worked on this. Trying to look at fairness issue. Will need to be a working relationship. Also spoke in support of water sports on the lagoon.
Kulchin - more permitted agricultural.
Lewis - Caulkins comments are valid.
Motion to approve 15. AB #19,587 - REPORT ON COMPREHENSIVE PLANNING AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D. To receive a report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands and to consider directing staff to prepare the zoning and related land use documents necessary to implement Proposition D. Resolution No. 2008-268, and Resolution of Intention No. 2008-269. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 15. AB #19,587 - REPORT ON COMPREHENSIVE PLANNING AND COMMUNITY ENGAGEMENT PROCESS TO IMPLEMENT PROPOSITION D. To receive a report on the Comprehensive Planning and Community Engagement Process to Implement Proposition D for the Cannon Road Agriculture and Open Space Lands and to consider directing staff to prepare the zoning and related land use documents necessary to implement Proposition D. Resolution No. 2008-268, and Resolution of Intention No. 2008-269. ACTION: (Approved) (Recorded at 01:22:20)
Amended to include looking into water sports.
REcess at 7:20 p.m.
Returned from Recess at 7:26 p.m.
AB #19,587
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.
Michele Levy, Carlsbad, came forward to address Council. Spoke about Farmers Insurance Building. Spoke about Alga Norte Park. What is Farmers Building being used for?
Heidi Willis, Carlsbad, came forward to address Council. Spoke about Proposition 8 and being between a man and a woman.
Important to define marriage. Beauty in acknowledging differences o.k. Family and marriage is constant - needs to be preserved.
Erika Kabakanga, Carlsbad, came forward to address Council. Also spoke in support of Proposition 8 - pro family.
Thomas Dempsey, Oceanside, came forward to address Council. Spoke in support of agreement for one hour access to use gate for school district during a.m. and p.m. Would allow parents to drop off and pick up kids at Calavera School. Gave a heads up to Mr. Johnson regarding the issue. Showed photos on wall (not on file in the office of the City Clerk). Listen to last comments.
Jim Courtney, Carlsbad, came forward to address Council. Asking that Council administratively add an item to agenda for re-consideration to re-vote. Started project 8 to 9 years ago.
Do not feel that they were given a proper hearing. Confusion at meeting last week, if you deny without prejudice we can go about reducing project.
Council did not realize that approval of project with prejudice kills the project. Asking for it to be denied without project at next meeting and re-visit the vote.
Packard - can legal counsel answer Mr. Courtney's question regarding prejudice.
Assistant City Attorney Mobaldi explained the difference between with prejudiced and without prejudiced.
Once a final determination is made, applicant will have to file a new application with re-paying fees.
Council Member Hall - a third possibility would be to refer it back to Planning Commission.
Mobaldi - you would have to unwind the action . . . . . .listen to these comments.
Mobaldi - would have to come back with different project or came back in one year with same type of project.
Packard asking that it be put back on the agenda and let item to come back to rescind item - allow maybe a different process.. Packard Motion - Hall a seocnded - 2 / 3 does not go back on the agenda.
ORDINANCES FOR INTRODUCTION:
8. AB #19,591 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE EFFECTIVE DATE OF ORDINANCES. To consider adding Section 1.20.610 to Title 1, of the Carlsbad Municipal Code regarding the effective date of ordinances. Introduction of Ordinance No. CS-009. ACTION:
Assistant City Attorney Jane Mobaldi titled the Ordinance.
Motion to approve 8. AB #19,591 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE EFFECTIVE DATE OF ORDINANCES. To consider adding Section 1.20.610 to Title 1, of the Carlsbad Municipal Code regarding the effective date of ordinances. Introduction of Ordinance No. CS-009. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,591 - AMEND CARLSBAD MUNICIPAL CODE REGARDING THE EFFECTIVE DATE OF ORDINANCES. To consider adding Section 1.20.610 to Title 1, of the Carlsbad Municipal Code regarding the effective date of ordinances. Introduction of Ordinance No. CS-009. ACTION: (Approved) (Recorded at 01:57:59)
AB #19,591
9. AB #19,585 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON LIONSHEAD AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.850 to establish a prima facie 50 mile per hour speed limit on Lionshead Avenue from Melrose Drive to the east city limit. Introduction of Ordinance No. CS-008. ACTION:
Assistant City Attorney Jane Mobaldi titled the Ordinance.
Motion to approve 9. AB #19,585 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON LIONSHEAD AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.850 to establish a prima facie 50 mile per hour speed limit on Lionshead Avenue from Melrose Drive to the east city limit. Introduction of Ordinance No. CS-008. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 9. AB #19,585 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON LIONSHEAD AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.850 to establish a prima facie 50 mile per hour speed limit on Lionshead Avenue from Melrose Drive to the east city limit. Introduction of Ordinance No. CS-008. ACTION: (Approved) (Recorded at 01:59:04)
AB #19,585
10. AB #19,592 - AMEND THE CARLSBAD MUNICIPAL CODE REGARDING THE REGULATION OF FATS, OILS AND GREASE. To consider amending Title 13 of the Carlsbad Municipal Code by the revision of Sections 13.04.010 and 13.04.050, and by the addition of Section 13.06 establishing a Fats, Oils and Grease (FOG) Control Program. Introduction of Ordinance No. CS-010. ACTION:
PW Superintendent Don Wasko and PW Manager Cari Dale to present the staff report.
Council Member Hall stepped down from the dais due to a potential conflict of interest at 7:57 p.m.
Mr. Wasko gave an overview of the proposed Ordinance and a background on community outreach.
Showed photos of impacts of grease on sewer service.
Showed photos of grease control devices.
Reviewed impacts to food service facilities in the service area.
Reviewed staff recommendation.
End of staff presentation.
Nygaard - explain why this is important and impact to the city. Wasko - this is a state ordered mandate to enact for less impacts on sewer system. Effects public health and environment.
Nygaard - have we had problems because of violations of FOG. Wasko - approximately 25 to 30% caused by FOG.
Cari Dale explained that state mandates have timelines - the timeline for adopting the FOG Ordinance is beginning of November of this year. If we delay, we will be out of compliance.
Packard - having an Ordinance and guidelines in place do not necessarily compel an establishment to install new devices as long as there is no problems. Mr. Wasko said that regular inspections the City will check.
Cari Dale - explained that trigger mechanisms could cause a change.
Kulchin - please explain how things can be traced with the cameras.
Wasko - a program is being implemented a closed circuit tv program with camera that can view laterals coming from business.
Lewis - on remodeling element - major or minor? Or does it matter?
Cari Dale - actually a remodel that costs $50,000 or more.
Lewis - change of ownership - how about leasing out the restaurant?
Cari Dale - that would be interpreted as transfer of property - only if sold. Per Dale - leasing does not impact.
Tom Arnold, Carlsbad, spoke in opposition to any fees to implement the program. Take steps to help the small businesses rather than add more fees.
Nygaard - confirmed understanding of state mandates.
Michael Babawal, Carlsbad Chamber of Commerce - would like to see fee schedule for variances and waivers prior to adoption. Would like more description who needs to provide adequate documents for waivers and variances. Who will do studies - city or restaurants - because of cost impacts to businesses.
Kulchin - any answers to Mr. Babawal.
Alan Wanamaker, Carlsbad, came forward to address Council. Owns a restaurant and knows pipes are horrible. I do not want to contribute to the problem.
Called Sacramento regarding Ordinance. They are not mandating a specific type of grease control devices. Maintaining traps are just as important as having the trap. Asking Council to direct staff to consider the possibilities that something other than grease interceptor vs. a large grease trap.
Kulchin - we try to be very objective - in Mr. Wanamaker's establishment needs a small grease trap per Mr. Wasko.
Packard - is an interceptor a category or a specific product?
Wasko - the interceptor is the larger version for larger turnover. Does our ordinance allow grease traps of various sizes asked Packard.
Wasko - criteria are established based on area and volume and type of food. Cari Dale - grease control devices are sized according to the uniform plumbing code. Also provisions where a restaurant can request an alternative treatment device rather than a grease interceptor.
Lewis - does state mandate state that an interceptor is required. Cari Dale - state order does not specify what type of device. More concerned that a program is in place and functioning rather than what device is used.
Wasko - explains that starts with checking the mains.
Lewis - do we have to perform a scan for each establishment.
Wasko - goes back to BMP's. Cari Dale - if staff that cleans sewer system - can help determine if a sewer line is impacted by a certain business.
Nygaard - need to move forward with this.
Packard - spoke in support of Ordinance.
Kulchin - also spoke in support.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
Motion to approve 10. AB #19,592 - AMEND THE CARLSBAD MUNICIPAL CODE REGARDING THE REGULATION OF FATS, OILS AND GREASE. To consider amending Title 13 of the Carlsbad Municipal Code by the revision of Sections 13.04.010 and 13.04.050, and by the addition of Section 13.06 establishing a Fats, Oils and Grease (FOG) Control Program. Introduction of Ordinance No. CS-010. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 10. AB #19,592 - AMEND THE CARLSBAD MUNICIPAL CODE REGARDING THE REGULATION OF FATS, OILS AND GREASE. To consider amending Title 13 of the Carlsbad Municipal Code by the revision of Sections 13.04.010 and 13.04.050, and by the addition of Section 13.06 establishing a Fats, Oils and Grease (FOG) Control Program. Introduction of Ordinance No. CS-010. ACTION: (Approved) (Recorded at 02:32:05)
CM Hall returned at 8:30 p.m.
AB #19,592
ORDINANCE FOR ADOPTION:
11. AB #19,586 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. Adopting Ordinance No. CS-007, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. ACTION:
ACA Jane Mobaldi titled the Ordinance.
Motion to approve 11. AB #19,586 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. Adopting Ordinance No. CS-007, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,586 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. Adopting Ordinance No. CS-007, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. ACTION: (Approved) (Recorded at 02:32:58)
AB #19,586
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING
8:30 p.m.
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
SPECIAL MEETING
AGENDA
September 23, 2008
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
12. AB #667 - APPROVE AGREEMENT FOR RECYCLED WATER SERVICE. Approving an agreement with the Vallecitos Water District for recycled water service. Resolution No. 1338. ACTION:
Motion to approve 12. AB #667 - APPROVE AGREEMENT FOR RECYCLED WATER SERVICE. Approving an agreement with the Vallecitos Water District for recycled water service. Resolution No. 1338. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #667 - APPROVE AGREEMENT FOR RECYCLED WATER SERVICE. Approving an agreement with the Vallecitos Water District for recycled water service. Resolution No. 1338. ACTION: (Approved) (Recorded at 02:33:34)
AB #667
13. AB #668 - DROUGHT RESPONSE PLAN AND WATER SUPPLY UPDATE. To receive a report on the current drought conditions affecting the Carlsbad Municipal Water District. ACTION:
Deputy Public Works Director Mark Stone presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave examples of conservation practices.
Nygaard - at what stage would we stop development of housing in Carlsbad. In draft ordinance, staff was recommending critical level - Level 3.
Lewis - suggests that rather than 10% we go to 12% to establish a water bank to help businesses. Would like an update on how to accomplish a water bank????
Lewis - would like to mirror San Diego - when San Diego starts we should follow suit.
Hall - would be interesting to see what the impact agricultural uses has on water usage. What would citizens be willing to give up to maintain agricultural.
Stone - the ag. businesses use only 3 to 5% of water consumption in Carlsbad.
Hall - is it the state or county that says agriculture is the first to cut back?
Stone - the agricultural signed up for a special rate in exchange for being the first to take cuts of reduction is ordered.
AB #668
ADJOURNMENT TO HOUSING AND REDEVELOPMENT COMMISSION MEETING
At 8:48 p.m.
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
SPECIAL MEETING
AGENDA
September 23, 2008
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 02:51:17)
Packard - absent on the 15 th.
Minutes from the Regular Meeting held July 15, 2008.
Minutes from the Special Meeting held July 22, 2008.
PUBLIC HEARING:
14. AB #410 - CORNER GRAND AVENUE EXTENSION. To consider approving a request for an extension of a Major Redevelopment Permit (RP 05-01), to allow the construction of a 6,811 square foot 2 unit apartment project, located at 786 Grand Avenue. Resolution No. 459. ACTION:
Commissioner Packard stepped down from dais at 8:50 p.m. due to potential conflict of interest.
Assistant Planner Austin Silva presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave overview of the project including setbacks.
Staff recommending approval of proposed project.
Hall - why wasn't this a consent item.
ACA Mobaldi stated that this only has to do with tentative maps. The Major Redevelopment Permit requires a Public Hearing.
Lewis - will vote no.
Lewis - consider project out of place.
Lewis - opened PH at 8:56 and closed at 8:56
Motion to approve 14. AB #410 - CORNER GRAND AVENUE EXTENSION. To consider approving a request for an extension of a Major Redevelopment Permit (RP 05-01), to allow the construction of a 6,811 square foot 2 unit apartment project, located at 786 Grand Avenue. Resolution No. 459. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 14. AB #410 - CORNER GRAND AVENUE EXTENSION. To consider approving a request for an extension of a Major Redevelopment Permit (RP 05-01), to allow the construction of a 6,811 square foot 2 unit apartment project, located at 786 Grand Avenue. Resolution No. 459. ACTION: (Approved) (Recorded at 02:59:32)
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
At 8:57 p.m.
CONTINUATION OF THE CITY COUNCIL MEETING
16. AB #19,588 - PARKS AND RECREATION COMMISSION APPOINTMENTS. To consider appointing three members to the Parks and Recreation Commission. Resolution Nos. 2008-270, 2008-271 and 2008-272. ACTION:
Listen to this. Diane - is on P&R.
AB #19,588
Motion to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: (Approved) (Recorded at 03:00:42)
17. AB #19,589 - ARTS COMMISSION APPOINTMENT. To consider appointing one member to the Arts Commission. Resolution No. 2008-273. ACTION:
Motion to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: (Approved) (Recorded at 03:01:15)
AB #19,589
18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION:
Motion to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 18. AB #19,590 - SISTER CITY COMMITTEE APPOINTMENTS. To consider appointing four members to the Sister City Committee. Resolution Nos. 2008-274, 2008-275, 2008-276 and 2008-277. ACTION: (Approved) (Recorded at 03:01:29)
AB #19,590
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.
Send appointments to Jane Mobaldi.
Packard speaking about SB 375
Announcement - by L.Wood.
adjourned at 9:08 p.m.
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