Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (4 Present, 1 Absent, 0 Excused) (Recorded at 00:02:40)
LEGISLATIVE INVOCATION:
Lewis to give Location
PLEDGE OF ALLEGIANCE:
By the native American Group.
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:04:57)
Minutes of the Special Meeting held October 21, 2008.
Minutes of the Regular Meeting held October 21, 2008.
Minutes of the Special Meeting held October 23, 2008.
Minutes of the Special Meeting held October 28, 2008.
PRESENTATIONS:
Council stepped down from the dais for presentations.
Recognition of Carlsbad Community Television Foundation Members.
Mayor Lewis presented Proclamations to Bob Bender, Harv Kauffman, Elisa Williamson and Scott Pieratt. Scott did not come forward.
Comments now by the Foundation members.
Proclamation Presentation in recognition of Carlsbad Winter Music Festival.
Ferdie Gasang of La Jolla Music Society came forward. A Proclamation was presented to Mr. Gasang in recognition of the Carlsbad Winter Music Celebration. Mr. Gasang invited La Jolla Music Society. Having an event on February 7, 2009 at the Schullman - Presentation called the Canadian. Introduced Victoria Baker with Mainly Mozart now. Will be bringing Sunday afternoon concerts in south Carlsbad in 2009. World class musicians and not to be missed. Thanked Rick Anderson and Bobbi Hoder for making this possible. Now introduced ???? La Symphony and Chorus. 130 voice chorus and chamber orchestra. Invited citizens to participate in event on December 14, 2008.
Proclamation Presentation in honor of National American Indian Heritage Month.
Representatives called forward from the National American Indian Heritage Nation to receive Proclamation in recognition of National American Indian Heritage Day - November 28, 2008.
Russ Romo, ChairPerson of Mission San Luis Rey Indians. Poway 2nd weekend of June at the Mission. Thanked Carlsbad for honoring this honor.
Photos now by Mr. Richmond.
Photos of Cable TV Foundation now.
Photos of Music Group now
Council back on the dais at 6:21 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.
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 Council Member Hall, seconded by Council Member Packard.
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 00:24:53)
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 #19,628 - DESIGNATE CITY MANAGER AS AGENCY HEAD RESPONSIBLE FOR DISCLOSURES OF GIFTS PURSUANT TO FPPC REGULATION 18944.2. Designating the City Manager as the "agency head" responsible for making determinations and disclosures regarding gifts to the city pursuant to Fair Political Practices Commission Regulation 18944.2. Resolution No. 2008-301. ACTION:
AB #19,628
2. AB #19,629 - APPROVE AGREEMENTS FOR ENVIRONMENTAL IMPACT REPORT FOR THE BRIDGES AT AVIARA. Approving an agreement with BRG Consulting Inc. for the preparation of an Environmental Impact Report (EIR 06-01) for the Bridges at Aviara; and, approving an agreement with Acacia Investors, LLC for payment of the fees associated with the BRG Consulting, Inc. agreement. Resolution No. 2008-302. ACTION:
AB #19,629
3. AB #19,630 - APPROVE GRADING AND TEMPORARY ACCESS AGREEMENT. Approving an agreement with San Diego Gas and Electric Company for grading and temporary access required for the construction of the Rancho Santa Fe Road Mitigation Project, Project No. 3907. Resolution No. 2008-303. ACTION:
AB #19,630
4. AB #19,631 - APPROVE TEMPORARY ACCESS AGREEMENT. Approving an agreement with the Center for Natural Lands Management and Brookfield University Commons, LLC, for temporary access required for the construction of the Rancho Santa Fe Road Mitigation Project, Project No. 3907. Resolution No. 2008-304. ACTION:
AB #19,631
ORDINANCE FOR INTRODUCTION:
5. AB #19,632 - DESIGNATE A PORTION OF EL FUERTE STREET AS A TRUCK ROUTE. To consider amending Title 10, Chapter 10.32 of the Carlsbad Municipal Code by the amendment of Section 10.32.091 to add a portion of El Fuerte Street from Palomar Airport Road North to Faraday Avenue as a truck route. Introduction of Ordinance No. CS-015. ACTION:
City Attorney Ron Ball announced that Mr. Johnson would be doing a presentation now. Mr. Johnson came forward and began the presentation.
Mr. Johnson gave a brief background of the El Fuerte Street truck routes. Spoke about the truck routes being established in 1972
Stated that the truck routes are established for large vehicles to deviate from an established truck route.
Showed where existing truck routes exist - Faraday Avenue and PAR.
This portion of El Fuerte Street serves two industrial parks. Roadway designed for large trucks. Recommended by Traffic Safety Commission as a truck route.
End of presentation.
CM Nygaard confirmed that signage will exist to show drivers that they should not proceed on El Fuerte as a truck route. Would have directional signs to PAR to indicate where truck route is o.k.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 5. AB #19,632 - DESIGNATE A PORTION OF EL FUERTE STREET AS A TRUCK ROUTE. To consider amending Title 10, Chapter 10.32 of the Carlsbad Municipal Code by the amendment of Section 10.32.091 to add a portion of El Fuerte Street from Palomar Airport Road North to Faraday Avenue as a truck route. Introduction of Ordinance No. CS-015. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 5. AB #19,632 - DESIGNATE A PORTION OF EL FUERTE STREET AS A TRUCK ROUTE. To consider amending Title 10, Chapter 10.32 of the Carlsbad Municipal Code by the amendment of Section 10.32.091 to add a portion of El Fuerte Street from Palomar Airport Road North to Faraday Avenue as a truck route. Introduction of Ordinance No. CS-015. ACTION: (Approved) (Recorded at 00:31:26)
AB #19,632
ORDINANCES FOR ADOPTION:
6. AB #19,633 - ESTABLISH PRIMA FACIE SPEED LIMIT ON THE CROSSINGS DRIVE. Adopting Ordinance No. CS-014, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.860 to establish a 40 mile per hour prima facie speed limit on The Crossings Drive from Palomar Airport Road to its northerly terminus. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 6. AB #19,633 - ESTABLISH PRIMA FACIE SPEED LIMIT ON THE CROSSINGS DRIVE. Adopting Ordinance No. CS-014, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.860 to establish a 40 mile per hour prima facie speed limit on The Crossings Drive from Palomar Airport Road to its northerly terminus. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 6. AB #19,633 - ESTABLISH PRIMA FACIE SPEED LIMIT ON THE CROSSINGS DRIVE. Adopting Ordinance No. CS-014, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.860 to establish a 40 mile per hour prima facie speed limit on The Crossings Drive from Palomar Airport Road to its northerly terminus. ACTION: (Approved) (Recorded at 00:32:27)
AB #19,633
7. AB #19,634 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. Adopting Ordinance No. CS-004, amending Title 15, Chapters 15.04 and 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, Adopting Ordinance No. CS-005, 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 Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04). ACTION:
City Attorney Ron Ball titled the Ordinances.
Motion to approve 7. AB #19,634 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. Adopting Ordinance No. CS-004, amending Title 15, Chapters 15.04 and 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, Adopting Ordinance No. CS-005, 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 Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04). ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 7. AB #19,634 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. Adopting Ordinance No. CS-004, amending Title 15, Chapters 15.04 and 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, Adopting Ordinance No. CS-005, 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 Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04). ACTION: (Approved) (Recorded at 00:33:52)
AB #19,634
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.
Mr. Waltmeyer came forward to address Council. Mr. Waltmeyer - a number of daytime burglaries in the La Costa and Olivenhain area. At the same time there has been solicitors. Have asked for increased patrols however has not seen anything yet. Would like an ordinance to prohibit solicitations in Carlsbad.
Glenn Bernard, came forward to address Council. Spoke about government jobs getting paid higher. Very disgusted with decisions being made at all government levels. Apologized to young people of America for the Federal. Expressed concerns relating to economy. Who killed the electric car - the movie. Make a job, get a job.
Julie Baker, with citizens group "Power of Envision" encouraged Council to reject NRG's proposal to build new power plant. The current encina plant is sufficient for our needs.
Jack Bernacky, came forward to address Council. Concerned about the possibility of NRG's three new plants. Concerned about the pollution. Not satisfied with NRG's answers.
Chemical engineer. Packard asked.
Michele Levy, Carlsbad, came forward to address Council. Told that the Fire Department Master Plan is a done deal. Wished everyone a Happy Holidays. Spoke about money spent on Farmers Insurance Building.
Ron Ball - spoke about solicitation ordinance - already exists. Person only need to put sign up on their property.
Mayor Lewis made Closed Session Announcement now.
Police Chief Tom Zoll came forward to address Council. Zoll stated that there has been a series of burglaries (unlocked cars and homes).
PUBLIC HEARINGS:
8. AB #19,635 - ADAMS STREET SUBDIVISION. To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, approving a General Plan Amendment, Zone Change, and Local Coastal Program Amendment for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive, GPA 06-08/LCPA 06-08/ZC 06-07. Introduction of Ordinance No. CS-016. Resolution No. 2008-305. ACTION:
Jason Goff, Associate Planner and David Hauser presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Gave location (with aerial map of location).
Site is currently vacant; however, is highly constrained. Development on least environmentally constrained portion.
Land Use designation would need to change. A Zone Change is also necessary.
Gave an overview of Planning Commission Meeting - approved 5/0.
Staff is recommending that Council adopt Resolution No. 2008-305 and Ordinance no. Cs-016.
Mr. Goff spoke of errata. The pages listed in the errata sheet complete the report.
Packard - looked at site this morning. Topographically challenged? Is it all going to be cut into the hillside or fill? Mr. Goff mostly cut to be below elevation of Adams Street.
Lewis - is this the only situation we have in Carlsbad where sea is below and don't allow ??????? Can't hear?
Applicant called forward. Paul Klukas, Planning Systems, Carlsbad representing Dr. Medina and Dr. Graham. Two gentlemen have been best friends for many years.
Run into several new requirements and complicated processes. The Agenda Bill is 190 pages long.
Not a lot to add to staff's presentation. Applicants will be building homes and widening Adams Street and will be building a trail. Also dedicating easement to public for California Gnat Catcher.
Support staff report and conditions of approval.
Dr. Ben Medina came forward to address Council. Stated that still in love with the property.
Dr. David Graham, came forward to address Council. In retorspect, maybe should have just bought two new houses.
Packard - one of the conditions conservation agency regarding open space maintenance.
Klukas - not yet, bothersome aspect so far. Since qualified prefer larger properties.
Open PH at 6:57 p.m. No one, closed PH.
Hall - how would staff respond on how to find someone to manage the open space.
Mr. Goff, we haven't undergone something as small this. Will need to look at this closer as time arises. It is necessary to be in compliance with the HMP. Hall - ultimately will we have control over that. Don Neu - in the past we would meet with Agency staff if there is an alternative. In some cases have allowed HOA, however not preferred choice. Hall - is it based on whether or not you can find someone or is it economics? Nue - more based on finding someone.
Neu - hopeful that agencies may allow for something else if cannot find someone. Usually done in a partnership with other agencies.
Lewis - say no one is available at all.
Neu - only if cannot come to agreement at all with other agencies. At end of day will need to find a way.
Nygaard comments now. Good job with difficult piece of property.
Packard - understand and appreciate staff's work.
City Attorney Ron Ball titled the Ordinance,
Motion to approve 8. AB #19,635 - ADAMS STREET SUBDIVISION. To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, approving a General Plan Amendment, Zone Change, and Local Coastal Program Amendment for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive, GPA 06-08/LCPA 06-08/ZC 06-07. Introduction of Ordinance No. CS-016. Resolution No. 2008-305. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 8. AB #19,635 - ADAMS STREET SUBDIVISION. To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, approving a General Plan Amendment, Zone Change, and Local Coastal Program Amendment for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive, GPA 06-08/LCPA 06-08/ZC 06-07. Introduction of Ordinance No. CS-016. Resolution No. 2008-305. ACTION: (Approved) (Recorded at 01:06:02)
AB #19,635
9. AB #19,636 - LA COSTA RESORT AND SPA PLANNING AREA 1. To consider approving the La Costa Resort and Spa Planning Area 1 Master Plan Amendment to eliminate references to project phasing, and to transfer 21 Commercial Dwelling Units (CDU) from Planning Area 1 to Planning Area 3, to transfer one CDU from Planning Area 4 to Planning Area 1 within the La Costa Resort and Spa Master Plan on land generally located on the southeast corner of Arenal Road and Estrella De Mar Road, MP 03-02(B). Introduction of Ordinance No. CS-017. ACTION:
Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Showed location, and reviewed the La Costa Master Plan Amendment proposal.
Gave an overview of the project. Applicant is proposing a shift n the planning unit.
Will be selling in additional units.
Project remains at original proposal in the Master Plan.
During Planning commission hearing - public comments received against and in favor. Those expressing concerns were relating to operational services.
Will bring Master Plan up to the current sign allowances. additional placement criteria to help service vehicles to find correct entrance to the site.
Showed original MP and proposed new Plan.
At grade parking to be added. Showed the elevations from golf course site.
Staff's recommending that Ordinance be introduced.
Applicant called forward - Bill Hofman of Hofman Planning and Engineering came forward to address Council on behalf of applicant - La Costa Resort and Spa. View the amendment as clean up and helps to make Master Plan easier to implement.
Issues that were raised at Planning Commission relating to ingress and egress. Trying to minimize impacts to those along Arenal Lane. Management Plan formulated to go beyond Planning Commission requirements.
Goal is to be a good neighbor. Hope to manage facility better in terms of operations.
Hall - La Costa Resort and Spa Operational Issues were shared with neighbors. Part of record.
Open PH at 7:13 p.m. Closed at 7:13 p.m.
Packard - does staff have any final comment on the Management Plan by La Costa?
Lynch - mostly operational issues relating to deliveries.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 9. AB #19,636 - LA COSTA RESORT AND SPA PLANNING AREA 1. To consider approving the La Costa Resort and Spa Planning Area 1 Master Plan Amendment to eliminate references to project phasing, and to transfer 21 Commercial Dwelling Units (CDU) from Planning Area 1 to Planning Area 3, to transfer one CDU from Planning Area 4 to Planning Area 1 within the La Costa Resort and Spa Master Plan on land generally located on the southeast corner of Arenal Road and Estrella De Mar Road, MP 03-02(B). Introduction of Ordinance No. CS-017. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 9. AB #19,636 - LA COSTA RESORT AND SPA PLANNING AREA 1. To consider approving the La Costa Resort and Spa Planning Area 1 Master Plan Amendment to eliminate references to project phasing, and to transfer 21 Commercial Dwelling Units (CDU) from Planning Area 1 to Planning Area 3, to transfer one CDU from Planning Area 4 to Planning Area 1 within the La Costa Resort and Spa Master Plan on land generally located on the southeast corner of Arenal Road and Estrella De Mar Road, MP 03-02(B). Introduction of Ordinance No. CS-017. ACTION: (Approved) (Recorded at 01:17:31)
Recess at 7:15 p.m.
Back at 7:20 p.m.
AB #19,636
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT AGENDA
Joint Special Meeting
November 18, 2008
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:23:19)
Minutes of the Joint Special Meeting held October 7, 2008. (Board only)
Minutes of the Special Meeting held October 7, 2008. (Board only)
Minutes of the Special Meeting held October 14, 2008. (Board only)
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.
10. AB #19,637 - FINAL ACCOUNTING OF LOCAL DECLARATION OF EMERGENCY AND NOTICE OF COMPLETION FOR THE REPAIR OF THE TAMARACK AVENUE SINKHOLE. Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the City Clerk to record a Notice of Completion; and, Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the Secretary to record a Notice of Completion. CC Resolution No. 2008-306. CMWD Resolution No. 1343. ACTION:
Motion to approve 10. AB #19,637 - FINAL ACCOUNTING OF LOCAL DECLARATION OF EMERGENCY AND NOTICE OF COMPLETION FOR THE REPAIR OF THE TAMARACK AVENUE SINKHOLE. Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the City Clerk to record a Notice of Completion; and, Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the Secretary to record a Notice of Completion. CC Resolution No. 2008-306. CMWD Resolution No. 1343. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 10. AB #19,637 - FINAL ACCOUNTING OF LOCAL DECLARATION OF EMERGENCY AND NOTICE OF COMPLETION FOR THE REPAIR OF THE TAMARACK AVENUE SINKHOLE. Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the City Clerk to record a Notice of Completion; and, Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the Secretary to record a Notice of Completion. CC Resolution No. 2008-306. CMWD Resolution No. 1343. ACTION: (Approved) (Recorded at 01:23:33)
AB #19,637
DEPARTMENTAL AND CITY MANAGER REPORT:
11. AB #19,639 - APPROVE AGREEMENT FOR COST OF SERVICES AND RATE DESIGN STUDY. To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations; and, To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations. CC Resolution No. 2008-308. CMWD Resolution No. 1345. ACTION:
Public Works Manager Cari Dale and Senior Management Analyst presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Cost of Services Study Conclusions - Conclusions will include a financial plan and rate model options that will ensure the financial stability of - look at slides (Cari Here).
Now Clint Phillips speaking regarding the Revenue Requirement Analysis - Cost of Service Analysis and Rate Design Analysis.
Rate study to becompleted by Spring 2009.
Staff Recommendations - to adopt Resoltuion No. 2008-308 and CMWD Resolution No. 1345. Mr. Philip mentioned that Rob from FCS is present.
Packard - this study is not to evaluate actual cost of services my minimizing or appropriatness of service. Study is to how to properly allocate costs between user classes per Cari.
Lewis - will this incorporate Metropolitan. Cari Dale - the Financial Plan would look at the long term plans including cost increases for Met and CWA.
Packard - program is designed to have adjustability as different factors depending on variable changes.
Motion to approve 11. AB #19,639 - APPROVE AGREEMENT FOR COST OF SERVICES AND RATE DESIGN STUDY. To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations; and, To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations. CC Resolution No. 2008-308. CMWD Resolution No. 1345. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 11. AB #19,639 - APPROVE AGREEMENT FOR COST OF SERVICES AND RATE DESIGN STUDY. To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations; and, To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations. CC Resolution No. 2008-308. CMWD Resolution No. 1345. ACTION: (Approved) (Recorded at 01:29:53)
AB #19,639
ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CITY COUNCIL, CARLSBAD MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION
Adjournment to Joint at 7:28 p.m.
CITY OF CARLSBAD
CITY COUNCIL
AND
HOUSING AND REDEVELOPMENT COMMISSION
AND
CARLSBAD MUNICIPAL WATER DISTRICT
AGENDA
Joint Special Meeting
November 18, 2008
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:30:52)
Minutes of the Joint Special Meeting held September 16, 2008, (Commission only)
Minutes of the Special Meeting held September 23, 2008. (Commission only)
Minutes of the Special meeting held October 7, 2008. (Commission only)
DEPARTMENTAL AND EXECUTIVE DIRECTOR REPORT:
12. AB #19,638 - ECONOMIC OVERVIEW AND ADDITIONAL APPROPRIATIONS TO THE GENERAL FUND. To receive a presentation on the economic overview for the City of Carlsbad; and, to consider authorizing additional appropriations of various funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Carlsbad Redevelopment Agency for payment to the Education Revenue Augmentation Fund as required by the State of California Budget Act of 2008; and, to consider authorizing the appropriation from redevelopment funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Water Operations Fund and Recycled Water Operations Fund to the General Fund for General Fund services provided. CC Resolution No. 2008-307. HRC Resolution No. 460. CMWD Resolution No. 1344. ACTION:
Deputy City Manager Jim Elliott, Assistant Finance Director Kevin Branca and Economic Development and Real Estate Manager Cynthia Haas presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Cynthia Haas to give overview of the Economy.
Automobile industry hit very hard. A lot of them are looking at Chapter 11 - the US Big Three - GM/Ford/Chrysler - Asking for government bailout.
Gas prices have significantly begun to sell.
Gave an overview of Real Estate issued.
Unfavorable Local Real Estate Trends.
Do have surplus of vacant properties in Carlsbad. Not likely to see industrial space absorbed.
May begin to see vacancies in retail sector.
Forecasting that residential dwelling unit permits reduction.
Jobs - most important indication of economic condition.
Since September - received WARN notices - Worker Adjustment and Retraining Notification Act - plant closing , mass layoff.
In October US consumer confidence fell to lowest point ever. Loss in wages.
People are cutting back.
Staff to continue to watch trends.
Economic outlook at this point - Council has made decisions in the past - good decisions.
Carlsbad in much better conditions.
Economic Development chart shown now - no quick fix. Focus on strategies now.
Packard - industrial vacancies - what % change from 2007 - the 2007 figure was also pretty high because of all the new construction said Haas.
Packard - unemployment at 4.2 in 2008 - what is change from 2007.
Kevin Branca now - spoke about national indicators. Spoke about the Gross Domestic Product - Consumer Price Index - 4.9% increase over September 2007.
Unemployment rate - at national level is at 6.5%. Watching what is happening for price of a barrel of oil.
Look at state level - Budget for 08/09 continues to deteriorate.
Governor has proposal on table - 1.5% sales tax increase (9.25%). State could also borrow money from the cities. Borrowing is maxed at at $4 million for Carlsbad.
Property tax growth trends.
Showed the trends for residential assessed value.
Median home price is being assessed at less than the market value.
Sales Tax trends displayed now -
Sales tax revenue is down 4%.
In December will receive third quarter payment. Forecasting that there will be a 9% drop.
Olympic Resort Closed.
Redevelopment Related Revenues. - look at building permits, planning, building plan check and engineering fees.
Dropping rapidly - development related revenues only generate about 2% of the revenue at the city.
12.7% percent decrease on treasurerers portfolio
Lack of home resales.
Did not receive any VLF fees in November.
Jim Elliott to now speak about the 10 year forecast.
Packard - do you have a total number of decreases in revenues - yes said Elliott.
Brent Gerber is expert on what is going on with the state.
Walking council through the story of what is going on with revenues. Revenue is projected to be down approximately $4.8 million compared to FY 2008-09 Budget. Sales Tax, development and transient occupancy tax driving the revenue loss. Revenue growth expected to be -3.5% in FY 2009, 0% in FY 2010 and 2.4% in FY 2011. Tight three year period.
Reduce expenditures by $4.5 million in FY 2009 and maintain that budget level for two additional years - absorb cost of livng and inflation increases. Reserve is not used for operating costs. Infrastructure Replacement Fun Transfer remains at 6.5%. Moved several capital projects out.
Return in January with spending plan.
Carlsbad has strong Fiscal Management / Efficient Utilization of Resources / Develop Long and Short-term Strategies for Job Growth and Economic Prosperity - Economic Development Strategic Plan.
Economic development is a long term strategy.
Nygaard - slide with delayed construction projects. Do not see the police and fire training center. Still on schedule per Elliott.
Hall - concern that he has. I fail to see the Federal Government to make a plan to get the mortgages re-financed by 2010 and 2011.
Packard - do we have a history of the city getting this close to the 0 line?
Elliott - we actually had a forecast in 92 and in early 2000 where it went negative. We do what we will do now - go back and revise budget on what will be spent.
On a current year - under 1% revenue. Changes will be made to keep positive percentage.
Packard from Revenue side - historically - the city's philosophy to have a balance between revenue sources.
Property tax was 41% -seems to me that that property tax will be increasing as a percentage of a revenue source.
Packard - Expenditures - how much is personnel. Any numbers on how this is divided. Will be included in information brought to Council in January.
Show us a delta changing the balances.
Packard - is there any history in the country - when you increase sales tax on people, the economy is stimulated?
Rhetorical question.
Lewis - in reference to the amount of money in General fund - about 65% goes to retirement and salaries. Do we still retain about 40% of the fund in reserves. We are at the 39% right now.
Replacement of infrastructure is 6.9% of income into the General Fund.
Lewis - as economics decline the amount of 65% of money that comes into GF go to employees - as general fund shrinks - won't we have higher % of personnel in gf.
Lewis - if people retire and we do not hire anyone, does the amount of money change.
Asking for retirement - the cost of funding retirement is paid for while they are here, not once they retire. The way PERS work - retirement costs are paid during the time they were employed.
Hall - period of time paying an accelarated cost because we are paying catch up. Ballistic numbers now. The catch up number is out of sink right now.
Nygaard - concern the Council has - if PERS finds the need to generate revenue, City is back up.
Kevin Branca explained the three actions for Council consideration.
Comments now . . . Nygaard thanked staff. Packard also thanked staff. Hall also thanked staff. Lewis - staff does a great job.
Motion to approve 12. AB #19,638 - ECONOMIC OVERVIEW AND ADDITIONAL APPROPRIATIONS TO THE GENERAL FUND. To receive a presentation on the economic overview for the City of Carlsbad; and, to consider authorizing additional appropriations of various funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Carlsbad Redevelopment Agency for payment to the Education Revenue Augmentation Fund as required by the State of California Budget Act of 2008; and, to consider authorizing the appropriation from redevelopment funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Water Operations Fund and Recycled Water Operations Fund to the General Fund for General Fund services provided. CC Resolution No. 2008-307. HRC Resolution No. 460. CMWD Resolution No. 1344. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 12. AB #19,638 - ECONOMIC OVERVIEW AND ADDITIONAL APPROPRIATIONS TO THE GENERAL FUND. To receive a presentation on the economic overview for the City of Carlsbad; and, to consider authorizing additional appropriations of various funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Carlsbad Redevelopment Agency for payment to the Education Revenue Augmentation Fund as required by the State of California Budget Act of 2008; and, to consider authorizing the appropriation from redevelopment funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Water Operations Fund and Recycled Water Operations Fund to the General Fund for General Fund services provided. CC Resolution No. 2008-307. HRC Resolution No. 460. CMWD Resolution No. 1344. ACTION: (Approved) (Recorded at 02:30:24)
AB #19,638
ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING
At 8:28 p.m.
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORT:
13. AB #19,640 - REPORT ON CITY INVESTMENTS. To receive a report from the City Treasurer on City investments as of September 30, 2008. ACTION:
City Treasurer Mac McSherry came forward to address Council.
Presented the report (on file in the Office of the City Clerk).
U.S. markets are down 30 to 40%
testing
Spoke about the economic situation of foreign countries. Japan and Switzerland only two countries doing better than the US.
Spoke about CAlpers spending retirement in Las Vegas. Spoke about unfunded retirement requirements of San Diego.
Revenue down in Carlsbad.
NO concerns about General Electric.
End of presentation.
No sense of panic.
Packard - thanked Mac for report - one question - does our policy preclude going into international markets. Yes said Mac as does state law.
Lewis - what is the percentage difference between a recession and depression. Does that have to happen on a national line.
25 % unemployment rate S&P 500 down by 51% = Depression.
Council Reports.
City Clerk made annoucements.
Adjournment at 8:51 p.m.
AB #19,640
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.
Nov 18, 2008 City Council Meeting
Full agenda
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (4 Present, 1 Absent, 0 Excused) (Recorded at 00:02:40)
LEGISLATIVE INVOCATION:
Lewis to give Location
PLEDGE OF ALLEGIANCE:
By the native American Group.
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:04:57)
Minutes of the Special Meeting held October 21, 2008.
Minutes of the Regular Meeting held October 21, 2008.
Minutes of the Special Meeting held October 23, 2008.
Minutes of the Special Meeting held October 28, 2008.
PRESENTATIONS:
Council stepped down from the dais for presentations.
Recognition of Carlsbad Community Television Foundation Members.
Mayor Lewis presented Proclamations to Bob Bender, Harv Kauffman, Elisa Williamson and Scott Pieratt. Scott did not come forward.
Comments now by the Foundation members.
Proclamation Presentation in recognition of Carlsbad Winter Music Festival.
Ferdie Gasang of La Jolla Music Society came forward. A Proclamation was presented to Mr. Gasang in recognition of the Carlsbad Winter Music Celebration. Mr. Gasang invited La Jolla Music Society. Having an event on February 7, 2009 at the Schullman - Presentation called the Canadian. Introduced Victoria Baker with Mainly Mozart now. Will be bringing Sunday afternoon concerts in south Carlsbad in 2009. World class musicians and not to be missed. Thanked Rick Anderson and Bobbi Hoder for making this possible. Now introduced ???? La Symphony and Chorus. 130 voice chorus and chamber orchestra. Invited citizens to participate in event on December 14, 2008.
Proclamation Presentation in honor of National American Indian Heritage Month.
Representatives called forward from the National American Indian Heritage Nation to receive Proclamation in recognition of National American Indian Heritage Day - November 28, 2008.
Russ Romo, ChairPerson of Mission San Luis Rey Indians. Poway 2nd weekend of June at the Mission. Thanked Carlsbad for honoring this honor.
Photos now by Mr. Richmond.
Photos of Cable TV Foundation now.
Photos of Music Group now
Council back on the dais at 6:21 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.
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 Council Member Hall, seconded by Council Member Packard.
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 00:24:53)
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 #19,628 - DESIGNATE CITY MANAGER AS AGENCY HEAD RESPONSIBLE FOR DISCLOSURES OF GIFTS PURSUANT TO FPPC REGULATION 18944.2. Designating the City Manager as the "agency head" responsible for making determinations and disclosures regarding gifts to the city pursuant to Fair Political Practices Commission Regulation 18944.2. Resolution No. 2008-301. ACTION:
AB #19,628
2. AB #19,629 - APPROVE AGREEMENTS FOR ENVIRONMENTAL IMPACT REPORT FOR THE BRIDGES AT AVIARA. Approving an agreement with BRG Consulting Inc. for the preparation of an Environmental Impact Report (EIR 06-01) for the Bridges at Aviara; and, approving an agreement with Acacia Investors, LLC for payment of the fees associated with the BRG Consulting, Inc. agreement. Resolution No. 2008-302. ACTION:
AB #19,629
3. AB #19,630 - APPROVE GRADING AND TEMPORARY ACCESS AGREEMENT. Approving an agreement with San Diego Gas and Electric Company for grading and temporary access required for the construction of the Rancho Santa Fe Road Mitigation Project, Project No. 3907. Resolution No. 2008-303. ACTION:
AB #19,630
4. AB #19,631 - APPROVE TEMPORARY ACCESS AGREEMENT. Approving an agreement with the Center for Natural Lands Management and Brookfield University Commons, LLC, for temporary access required for the construction of the Rancho Santa Fe Road Mitigation Project, Project No. 3907. Resolution No. 2008-304. ACTION:
AB #19,631
ORDINANCE FOR INTRODUCTION:
5. AB #19,632 - DESIGNATE A PORTION OF EL FUERTE STREET AS A TRUCK ROUTE. To consider amending Title 10, Chapter 10.32 of the Carlsbad Municipal Code by the amendment of Section 10.32.091 to add a portion of El Fuerte Street from Palomar Airport Road North to Faraday Avenue as a truck route. Introduction of Ordinance No. CS-015. ACTION:
City Attorney Ron Ball announced that Mr. Johnson would be doing a presentation now. Mr. Johnson came forward and began the presentation.
Mr. Johnson gave a brief background of the El Fuerte Street truck routes. Spoke about the truck routes being established in 1972
Stated that the truck routes are established for large vehicles to deviate from an established truck route.
Showed where existing truck routes exist - Faraday Avenue and PAR.
This portion of El Fuerte Street serves two industrial parks. Roadway designed for large trucks. Recommended by Traffic Safety Commission as a truck route.
End of presentation.
CM Nygaard confirmed that signage will exist to show drivers that they should not proceed on El Fuerte as a truck route. Would have directional signs to PAR to indicate where truck route is o.k.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 5. AB #19,632 - DESIGNATE A PORTION OF EL FUERTE STREET AS A TRUCK ROUTE. To consider amending Title 10, Chapter 10.32 of the Carlsbad Municipal Code by the amendment of Section 10.32.091 to add a portion of El Fuerte Street from Palomar Airport Road North to Faraday Avenue as a truck route. Introduction of Ordinance No. CS-015. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 5. AB #19,632 - DESIGNATE A PORTION OF EL FUERTE STREET AS A TRUCK ROUTE. To consider amending Title 10, Chapter 10.32 of the Carlsbad Municipal Code by the amendment of Section 10.32.091 to add a portion of El Fuerte Street from Palomar Airport Road North to Faraday Avenue as a truck route. Introduction of Ordinance No. CS-015. ACTION: (Approved) (Recorded at 00:31:26)
AB #19,632
ORDINANCES FOR ADOPTION:
6. AB #19,633 - ESTABLISH PRIMA FACIE SPEED LIMIT ON THE CROSSINGS DRIVE. Adopting Ordinance No. CS-014, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.860 to establish a 40 mile per hour prima facie speed limit on The Crossings Drive from Palomar Airport Road to its northerly terminus. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 6. AB #19,633 - ESTABLISH PRIMA FACIE SPEED LIMIT ON THE CROSSINGS DRIVE. Adopting Ordinance No. CS-014, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.860 to establish a 40 mile per hour prima facie speed limit on The Crossings Drive from Palomar Airport Road to its northerly terminus. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 6. AB #19,633 - ESTABLISH PRIMA FACIE SPEED LIMIT ON THE CROSSINGS DRIVE. Adopting Ordinance No. CS-014, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.860 to establish a 40 mile per hour prima facie speed limit on The Crossings Drive from Palomar Airport Road to its northerly terminus. ACTION: (Approved) (Recorded at 00:32:27)
AB #19,633
7. AB #19,634 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. Adopting Ordinance No. CS-004, amending Title 15, Chapters 15.04 and 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, Adopting Ordinance No. CS-005, 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 Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04). ACTION:
City Attorney Ron Ball titled the Ordinances.
Motion to approve 7. AB #19,634 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. Adopting Ordinance No. CS-004, amending Title 15, Chapters 15.04 and 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, Adopting Ordinance No. CS-005, 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 Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04). ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 7. AB #19,634 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEE PROGRAM. Adopting Ordinance No. CS-004, amending Title 15, Chapters 15.04 and 15.08 of the Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01); and, Adopting Ordinance No. CS-005, 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 Drainage Master Plan and existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04). ACTION: (Approved) (Recorded at 00:33:52)
AB #19,634
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.
Mr. Waltmeyer came forward to address Council. Mr. Waltmeyer - a number of daytime burglaries in the La Costa and Olivenhain area. At the same time there has been solicitors. Have asked for increased patrols however has not seen anything yet. Would like an ordinance to prohibit solicitations in Carlsbad.
Glenn Bernard, came forward to address Council. Spoke about government jobs getting paid higher. Very disgusted with decisions being made at all government levels. Apologized to young people of America for the Federal. Expressed concerns relating to economy. Who killed the electric car - the movie. Make a job, get a job.
Julie Baker, with citizens group "Power of Envision" encouraged Council to reject NRG's proposal to build new power plant. The current encina plant is sufficient for our needs.
Jack Bernacky, came forward to address Council. Concerned about the possibility of NRG's three new plants. Concerned about the pollution. Not satisfied with NRG's answers.
Chemical engineer. Packard asked.
Michele Levy, Carlsbad, came forward to address Council. Told that the Fire Department Master Plan is a done deal. Wished everyone a Happy Holidays. Spoke about money spent on Farmers Insurance Building.
Ron Ball - spoke about solicitation ordinance - already exists. Person only need to put sign up on their property.
Mayor Lewis made Closed Session Announcement now.
Police Chief Tom Zoll came forward to address Council. Zoll stated that there has been a series of burglaries (unlocked cars and homes).
PUBLIC HEARINGS:
8. AB #19,635 - ADAMS STREET SUBDIVISION. To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, approving a General Plan Amendment, Zone Change, and Local Coastal Program Amendment for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive, GPA 06-08/LCPA 06-08/ZC 06-07. Introduction of Ordinance No. CS-016. Resolution No. 2008-305. ACTION:
Jason Goff, Associate Planner and David Hauser presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Gave location (with aerial map of location).
Site is currently vacant; however, is highly constrained. Development on least environmentally constrained portion.
Land Use designation would need to change. A Zone Change is also necessary.
Gave an overview of Planning Commission Meeting - approved 5/0.
Staff is recommending that Council adopt Resolution No. 2008-305 and Ordinance no. Cs-016.
Mr. Goff spoke of errata. The pages listed in the errata sheet complete the report.
Packard - looked at site this morning. Topographically challenged? Is it all going to be cut into the hillside or fill? Mr. Goff mostly cut to be below elevation of Adams Street.
Lewis - is this the only situation we have in Carlsbad where sea is below and don't allow ??????? Can't hear?
Applicant called forward. Paul Klukas, Planning Systems, Carlsbad representing Dr. Medina and Dr. Graham. Two gentlemen have been best friends for many years.
Run into several new requirements and complicated processes. The Agenda Bill is 190 pages long.
Not a lot to add to staff's presentation. Applicants will be building homes and widening Adams Street and will be building a trail. Also dedicating easement to public for California Gnat Catcher.
Support staff report and conditions of approval.
Dr. Ben Medina came forward to address Council. Stated that still in love with the property.
Dr. David Graham, came forward to address Council. In retorspect, maybe should have just bought two new houses.
Packard - one of the conditions conservation agency regarding open space maintenance.
Klukas - not yet, bothersome aspect so far. Since qualified prefer larger properties.
Open PH at 6:57 p.m. No one, closed PH.
Hall - how would staff respond on how to find someone to manage the open space.
Mr. Goff, we haven't undergone something as small this. Will need to look at this closer as time arises. It is necessary to be in compliance with the HMP. Hall - ultimately will we have control over that. Don Neu - in the past we would meet with Agency staff if there is an alternative. In some cases have allowed HOA, however not preferred choice. Hall - is it based on whether or not you can find someone or is it economics? Nue - more based on finding someone.
Neu - hopeful that agencies may allow for something else if cannot find someone. Usually done in a partnership with other agencies.
Lewis - say no one is available at all.
Neu - only if cannot come to agreement at all with other agencies. At end of day will need to find a way.
Nygaard comments now. Good job with difficult piece of property.
Packard - understand and appreciate staff's work.
City Attorney Ron Ball titled the Ordinance,
Motion to approve 8. AB #19,635 - ADAMS STREET SUBDIVISION. To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, approving a General Plan Amendment, Zone Change, and Local Coastal Program Amendment for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive, GPA 06-08/LCPA 06-08/ZC 06-07. Introduction of Ordinance No. CS-016. Resolution No. 2008-305. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 8. AB #19,635 - ADAMS STREET SUBDIVISION. To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, approving a General Plan Amendment, Zone Change, and Local Coastal Program Amendment for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive, GPA 06-08/LCPA 06-08/ZC 06-07. Introduction of Ordinance No. CS-016. Resolution No. 2008-305. ACTION: (Approved) (Recorded at 01:06:02)
AB #19,635
9. AB #19,636 - LA COSTA RESORT AND SPA PLANNING AREA 1. To consider approving the La Costa Resort and Spa Planning Area 1 Master Plan Amendment to eliminate references to project phasing, and to transfer 21 Commercial Dwelling Units (CDU) from Planning Area 1 to Planning Area 3, to transfer one CDU from Planning Area 4 to Planning Area 1 within the La Costa Resort and Spa Master Plan on land generally located on the southeast corner of Arenal Road and Estrella De Mar Road, MP 03-02(B). Introduction of Ordinance No. CS-017. ACTION:
Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Showed location, and reviewed the La Costa Master Plan Amendment proposal.
Gave an overview of the project. Applicant is proposing a shift n the planning unit.
Will be selling in additional units.
Project remains at original proposal in the Master Plan.
During Planning commission hearing - public comments received against and in favor. Those expressing concerns were relating to operational services.
Will bring Master Plan up to the current sign allowances. additional placement criteria to help service vehicles to find correct entrance to the site.
Showed original MP and proposed new Plan.
At grade parking to be added. Showed the elevations from golf course site.
Staff's recommending that Ordinance be introduced.
Applicant called forward - Bill Hofman of Hofman Planning and Engineering came forward to address Council on behalf of applicant - La Costa Resort and Spa. View the amendment as clean up and helps to make Master Plan easier to implement.
Issues that were raised at Planning Commission relating to ingress and egress. Trying to minimize impacts to those along Arenal Lane. Management Plan formulated to go beyond Planning Commission requirements.
Goal is to be a good neighbor. Hope to manage facility better in terms of operations.
Hall - La Costa Resort and Spa Operational Issues were shared with neighbors. Part of record.
Open PH at 7:13 p.m. Closed at 7:13 p.m.
Packard - does staff have any final comment on the Management Plan by La Costa?
Lynch - mostly operational issues relating to deliveries.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 9. AB #19,636 - LA COSTA RESORT AND SPA PLANNING AREA 1. To consider approving the La Costa Resort and Spa Planning Area 1 Master Plan Amendment to eliminate references to project phasing, and to transfer 21 Commercial Dwelling Units (CDU) from Planning Area 1 to Planning Area 3, to transfer one CDU from Planning Area 4 to Planning Area 1 within the La Costa Resort and Spa Master Plan on land generally located on the southeast corner of Arenal Road and Estrella De Mar Road, MP 03-02(B). Introduction of Ordinance No. CS-017. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 9. AB #19,636 - LA COSTA RESORT AND SPA PLANNING AREA 1. To consider approving the La Costa Resort and Spa Planning Area 1 Master Plan Amendment to eliminate references to project phasing, and to transfer 21 Commercial Dwelling Units (CDU) from Planning Area 1 to Planning Area 3, to transfer one CDU from Planning Area 4 to Planning Area 1 within the La Costa Resort and Spa Master Plan on land generally located on the southeast corner of Arenal Road and Estrella De Mar Road, MP 03-02(B). Introduction of Ordinance No. CS-017. ACTION: (Approved) (Recorded at 01:17:31)
Recess at 7:15 p.m.
Back at 7:20 p.m.
AB #19,636
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT AGENDA
Joint Special Meeting
November 18, 2008
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:23:19)
Minutes of the Joint Special Meeting held October 7, 2008. (Board only)
Minutes of the Special Meeting held October 7, 2008. (Board only)
Minutes of the Special Meeting held October 14, 2008. (Board only)
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.
10. AB #19,637 - FINAL ACCOUNTING OF LOCAL DECLARATION OF EMERGENCY AND NOTICE OF COMPLETION FOR THE REPAIR OF THE TAMARACK AVENUE SINKHOLE. Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the City Clerk to record a Notice of Completion; and, Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the Secretary to record a Notice of Completion. CC Resolution No. 2008-306. CMWD Resolution No. 1343. ACTION:
Motion to approve 10. AB #19,637 - FINAL ACCOUNTING OF LOCAL DECLARATION OF EMERGENCY AND NOTICE OF COMPLETION FOR THE REPAIR OF THE TAMARACK AVENUE SINKHOLE. Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the City Clerk to record a Notice of Completion; and, Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the Secretary to record a Notice of Completion. CC Resolution No. 2008-306. CMWD Resolution No. 1343. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 10. AB #19,637 - FINAL ACCOUNTING OF LOCAL DECLARATION OF EMERGENCY AND NOTICE OF COMPLETION FOR THE REPAIR OF THE TAMARACK AVENUE SINKHOLE. Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the City Clerk to record a Notice of Completion; and, Accepting the final accounting and contract for the Local Emergency repair of the Tamarack Avenue Sinkhole, Project No. 1005 as complete, and directing the Secretary to record a Notice of Completion. CC Resolution No. 2008-306. CMWD Resolution No. 1343. ACTION: (Approved) (Recorded at 01:23:33)
AB #19,637
DEPARTMENTAL AND CITY MANAGER REPORT:
11. AB #19,639 - APPROVE AGREEMENT FOR COST OF SERVICES AND RATE DESIGN STUDY. To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations; and, To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations. CC Resolution No. 2008-308. CMWD Resolution No. 1345. ACTION:
Public Works Manager Cari Dale and Senior Management Analyst presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Cost of Services Study Conclusions - Conclusions will include a financial plan and rate model options that will ensure the financial stability of - look at slides (Cari Here).
Now Clint Phillips speaking regarding the Revenue Requirement Analysis - Cost of Service Analysis and Rate Design Analysis.
Rate study to becompleted by Spring 2009.
Staff Recommendations - to adopt Resoltuion No. 2008-308 and CMWD Resolution No. 1345. Mr. Philip mentioned that Rob from FCS is present.
Packard - this study is not to evaluate actual cost of services my minimizing or appropriatness of service. Study is to how to properly allocate costs between user classes per Cari.
Lewis - will this incorporate Metropolitan. Cari Dale - the Financial Plan would look at the long term plans including cost increases for Met and CWA.
Packard - program is designed to have adjustability as different factors depending on variable changes.
Motion to approve 11. AB #19,639 - APPROVE AGREEMENT FOR COST OF SERVICES AND RATE DESIGN STUDY. To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations; and, To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations. CC Resolution No. 2008-308. CMWD Resolution No. 1345. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 11. AB #19,639 - APPROVE AGREEMENT FOR COST OF SERVICES AND RATE DESIGN STUDY. To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations; and, To consider approving an agreement with FCS Group Inc., to provide a comprehensive Cost of Services and Rate Design Study for wastewater operations. CC Resolution No. 2008-308. CMWD Resolution No. 1345. ACTION: (Approved) (Recorded at 01:29:53)
AB #19,639
ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CITY COUNCIL, CARLSBAD MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION
Adjournment to Joint at 7:28 p.m.
CITY OF CARLSBAD
CITY COUNCIL
AND
HOUSING AND REDEVELOPMENT COMMISSION
AND
CARLSBAD MUNICIPAL WATER DISTRICT
AGENDA
Joint Special Meeting
November 18, 2008
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:30:52)
Minutes of the Joint Special Meeting held September 16, 2008, (Commission only)
Minutes of the Special Meeting held September 23, 2008. (Commission only)
Minutes of the Special meeting held October 7, 2008. (Commission only)
DEPARTMENTAL AND EXECUTIVE DIRECTOR REPORT:
12. AB #19,638 - ECONOMIC OVERVIEW AND ADDITIONAL APPROPRIATIONS TO THE GENERAL FUND. To receive a presentation on the economic overview for the City of Carlsbad; and, to consider authorizing additional appropriations of various funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Carlsbad Redevelopment Agency for payment to the Education Revenue Augmentation Fund as required by the State of California Budget Act of 2008; and, to consider authorizing the appropriation from redevelopment funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Water Operations Fund and Recycled Water Operations Fund to the General Fund for General Fund services provided. CC Resolution No. 2008-307. HRC Resolution No. 460. CMWD Resolution No. 1344. ACTION:
Deputy City Manager Jim Elliott, Assistant Finance Director Kevin Branca and Economic Development and Real Estate Manager Cynthia Haas presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Cynthia Haas to give overview of the Economy.
Automobile industry hit very hard. A lot of them are looking at Chapter 11 - the US Big Three - GM/Ford/Chrysler - Asking for government bailout.
Gas prices have significantly begun to sell.
Gave an overview of Real Estate issued.
Unfavorable Local Real Estate Trends.
Do have surplus of vacant properties in Carlsbad. Not likely to see industrial space absorbed.
May begin to see vacancies in retail sector.
Forecasting that residential dwelling unit permits reduction.
Jobs - most important indication of economic condition.
Since September - received WARN notices - Worker Adjustment and Retraining Notification Act - plant closing , mass layoff.
In October US consumer confidence fell to lowest point ever. Loss in wages.
People are cutting back.
Staff to continue to watch trends.
Economic outlook at this point - Council has made decisions in the past - good decisions.
Carlsbad in much better conditions.
Economic Development chart shown now - no quick fix. Focus on strategies now.
Packard - industrial vacancies - what % change from 2007 - the 2007 figure was also pretty high because of all the new construction said Haas.
Packard - unemployment at 4.2 in 2008 - what is change from 2007.
Kevin Branca now - spoke about national indicators. Spoke about the Gross Domestic Product - Consumer Price Index - 4.9% increase over September 2007.
Unemployment rate - at national level is at 6.5%. Watching what is happening for price of a barrel of oil.
Look at state level - Budget for 08/09 continues to deteriorate.
Governor has proposal on table - 1.5% sales tax increase (9.25%). State could also borrow money from the cities. Borrowing is maxed at at $4 million for Carlsbad.
Property tax growth trends.
Showed the trends for residential assessed value.
Median home price is being assessed at less than the market value.
Sales Tax trends displayed now -
Sales tax revenue is down 4%.
In December will receive third quarter payment. Forecasting that there will be a 9% drop.
Olympic Resort Closed.
Redevelopment Related Revenues. - look at building permits, planning, building plan check and engineering fees.
Dropping rapidly - development related revenues only generate about 2% of the revenue at the city.
12.7% percent decrease on treasurerers portfolio
Lack of home resales.
Did not receive any VLF fees in November.
Jim Elliott to now speak about the 10 year forecast.
Packard - do you have a total number of decreases in revenues - yes said Elliott.
Brent Gerber is expert on what is going on with the state.
Walking council through the story of what is going on with revenues. Revenue is projected to be down approximately $4.8 million compared to FY 2008-09 Budget. Sales Tax, development and transient occupancy tax driving the revenue loss. Revenue growth expected to be -3.5% in FY 2009, 0% in FY 2010 and 2.4% in FY 2011. Tight three year period.
Reduce expenditures by $4.5 million in FY 2009 and maintain that budget level for two additional years - absorb cost of livng and inflation increases. Reserve is not used for operating costs. Infrastructure Replacement Fun Transfer remains at 6.5%. Moved several capital projects out.
Return in January with spending plan.
Carlsbad has strong Fiscal Management / Efficient Utilization of Resources / Develop Long and Short-term Strategies for Job Growth and Economic Prosperity - Economic Development Strategic Plan.
Economic development is a long term strategy.
Nygaard - slide with delayed construction projects. Do not see the police and fire training center. Still on schedule per Elliott.
Hall - concern that he has. I fail to see the Federal Government to make a plan to get the mortgages re-financed by 2010 and 2011.
Packard - do we have a history of the city getting this close to the 0 line?
Elliott - we actually had a forecast in 92 and in early 2000 where it went negative. We do what we will do now - go back and revise budget on what will be spent.
On a current year - under 1% revenue. Changes will be made to keep positive percentage.
Packard from Revenue side - historically - the city's philosophy to have a balance between revenue sources.
Property tax was 41% -seems to me that that property tax will be increasing as a percentage of a revenue source.
Packard - Expenditures - how much is personnel. Any numbers on how this is divided. Will be included in information brought to Council in January.
Show us a delta changing the balances.
Packard - is there any history in the country - when you increase sales tax on people, the economy is stimulated?
Rhetorical question.
Lewis - in reference to the amount of money in General fund - about 65% goes to retirement and salaries. Do we still retain about 40% of the fund in reserves. We are at the 39% right now.
Replacement of infrastructure is 6.9% of income into the General Fund.
Lewis - as economics decline the amount of 65% of money that comes into GF go to employees - as general fund shrinks - won't we have higher % of personnel in gf.
Lewis - if people retire and we do not hire anyone, does the amount of money change.
Asking for retirement - the cost of funding retirement is paid for while they are here, not once they retire. The way PERS work - retirement costs are paid during the time they were employed.
Hall - period of time paying an accelarated cost because we are paying catch up. Ballistic numbers now. The catch up number is out of sink right now.
Nygaard - concern the Council has - if PERS finds the need to generate revenue, City is back up.
Kevin Branca explained the three actions for Council consideration.
Comments now . . . Nygaard thanked staff. Packard also thanked staff. Hall also thanked staff. Lewis - staff does a great job.
Motion to approve 12. AB #19,638 - ECONOMIC OVERVIEW AND ADDITIONAL APPROPRIATIONS TO THE GENERAL FUND. To receive a presentation on the economic overview for the City of Carlsbad; and, to consider authorizing additional appropriations of various funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Carlsbad Redevelopment Agency for payment to the Education Revenue Augmentation Fund as required by the State of California Budget Act of 2008; and, to consider authorizing the appropriation from redevelopment funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Water Operations Fund and Recycled Water Operations Fund to the General Fund for General Fund services provided. CC Resolution No. 2008-307. HRC Resolution No. 460. CMWD Resolution No. 1344. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 12. AB #19,638 - ECONOMIC OVERVIEW AND ADDITIONAL APPROPRIATIONS TO THE GENERAL FUND. To receive a presentation on the economic overview for the City of Carlsbad; and, to consider authorizing additional appropriations of various funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Carlsbad Redevelopment Agency for payment to the Education Revenue Augmentation Fund as required by the State of California Budget Act of 2008; and, to consider authorizing the appropriation from redevelopment funds to the General Fund for General Fund services provided; and, To consider authorizing the appropriation of funds from the Water Operations Fund and Recycled Water Operations Fund to the General Fund for General Fund services provided. CC Resolution No. 2008-307. HRC Resolution No. 460. CMWD Resolution No. 1344. ACTION: (Approved) (Recorded at 02:30:24)
AB #19,638
ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING
At 8:28 p.m.
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORT:
13. AB #19,640 - REPORT ON CITY INVESTMENTS. To receive a report from the City Treasurer on City investments as of September 30, 2008. ACTION:
City Treasurer Mac McSherry came forward to address Council.
Presented the report (on file in the Office of the City Clerk).
U.S. markets are down 30 to 40%
testing
Spoke about the economic situation of foreign countries. Japan and Switzerland only two countries doing better than the US.
Spoke about CAlpers spending retirement in Las Vegas. Spoke about unfunded retirement requirements of San Diego.
Revenue down in Carlsbad.
NO concerns about General Electric.
End of presentation.
No sense of panic.
Packard - thanked Mac for report - one question - does our policy preclude going into international markets. Yes said Mac as does state law.
Lewis - what is the percentage difference between a recession and depression. Does that have to happen on a national line.
25 % unemployment rate S&P 500 down by 51% = Depression.
Council Reports.
City Clerk made annoucements.
Adjournment at 8:51 p.m.
AB #19,640
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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