Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:04:21)
LEGISLATIVE INVOCATION:
Pastor Moyer
PLEDGE OF ALLEGIANCE:
Kulchin
APPROVAL OF MINUTES:
Closed Session Announcement.
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:07:42)
Minutes of the Regular Meeting held April 7, 2009.
Minutes of the Joint Special Meeting held April 7, 2009.
Minutes of the Special Meeting held April 14, 2009.
Minutes of the Regular Meeting held April 14, 2009.
Minutes of the Special Meeting held April 15, 2009.
Minutes of the Special Meeting held April 16, 2009.
Minutes of the Regular Meeting held April 21, 2009.
Minutes of the Special Meeting held April 28, 2009.
PRESENTATIONS:
Presentation by Artist Bill Lignante to City Treasurer Mac McSherry.
Artist Bill Lignante - presented a special award to Mac McSherry, Treasureer - a picture.
Mr. McSherry appreciate the Council. Honored.
Proclamation Presentation in Recognition of Municipal Clerks Week.
Council Member Packard presented a Proclamation to City Clerk Lorraine Wood.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by 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 00:16:30)
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 #19,781 - ACCEPTANCE OF DONATION. Accepting a donation from Marley White in support of the Carrillo Ranch Fund and authorizing the appropriation of donated funds. Resolution No. 2009-080. ACTION:
AB19,781
2. AB #19,782 - APPROPRIATE FUNDS FOR "IN KIND" SERVICE ASSISTANCE. Authorizing the appropriation of funds to provide "in kind" services for the Special Olympics Law Enforcement Torch Run. Resolution No. 2009-081. ACTION:
AB19,782
3. AB #19,783 - SETTLEMENT OF CLAIM. Authorizing the expenditure of funds for the settlement of the Workers' Compensation Claim of Michael Shipley. Resolution No. 2009-082. ACTION:
AB19,783
4. AB #19,784 - NOTICE OF COMPLETION. Accepting the construction of the Poinsettia Community Park - Phase 2A Tennis Courts as complete, and authorizing the City Clerk to record a Notice of Completion, Project 4502. Resolution No. 2009-083. ACTION:
AB19,784
5. AB #19,785 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of March 31, 2009. ACTION:
AB19,785
6. AB #19,786 - MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS. Approving the Memorandum of Understanding with the San Diego Association of Governments (SANDAG) supporting a regional beach sand project and committing to funding engineering design and environmental documents. Resolution No. 2009-084. ACTION:
AB19,786
7. AB #19,787 - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM. Approving the City of Carlsbad Disadvantaged Business Enterprise (DBE) Program Implementation Agreement as contained within Council Policy Statement No. 67, and authorizing the City Manager to execute the DBE Program Implementation Agreement. Resolution No. 2009-085. ACTION:
AB19,787
8. AB #19,789 - REFUND OF BUSINESS LICENSE TAX. Authorizing the refund of business license tax to Safeway, Inc. Resolution No. 2009-087. ACTION:
AB19,789
9. AB #19,790 - ADVERTISE FOR BIDS. Approving the plans and specifications for the 2009 Pavement Overlay, and authorizing the City Clerk to advertise for bids, Project No. 6001-09OL. Resolution No. 2009-088. ACTION:
AB19,790
10. AB #19,791 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 3 to the agreement with Ascentium Corporation for Mircosoft Sharepoint Implementation for the City's Web site, and authorizing the appropriation of funds. Resolution No. 2009-089. ACTION:
AB19,791
ORDINANCE FOR INTRODUCTION:
11. AB #19,792 - REVISION OF THE TRAFFIC IMPACT FEE. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code revising the Traffic Impact Fee. Introduction of Ordinance No. CS-028. ACTION:
AB19,792
Senior Civil Engineer Marshall Plantz presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave a brief background of the TIF Program. Explained the funding mechanisms based on average daily trip (adt) fees.
Reviewed the projects involved in reason for fee reduction.
Cost Reduction of $6.4 million (3 segments and 1 intersection)
In addition to changing project scopes and alternative - potential to eliminate funding for Cannon Road Reach 4B - that would add an additional $5.4 million)
End of Presentation.
Blackburn - addressing Cannon Road Reach 4 - if we decide to continue to collect funds for it and we do not build it - what happens to the money? Does it have to be returned - if we choose not to collect the TIF and then sometime down the road want to build - how would we pay for it? Plantz - money is not dedicated to one certain project - if at end of program - there is not an obligation to pay developers who have paid - if their is an excess we may have to go back and return. Experience is that fee programs typically come up short. There is not a dedicated funding program for Cannon Road - may pursue funding through regional and state sources.
Packard - there is an escalation factor related to these fees or are they fixed? Is there an inflation factor to adjust fees to accommodate future construction costs. Plantz - yes there is an escalation factor - 2% or Caltrans construction cost index.
Lewis - on Cannon Road - the situation will benefit Oceanside and Vista area more than those from Carlsbad. Cutting out potential fee structure - it would become a regional benefit and would work with Sandag.
Hall - Cannon Reach 4b - was in top five goals at one time - as much as we tried to move forward with that Road - communities not supportive only 20 to 25% benefit to Carlsbad. Should be funded by Region.
Scott Molloy of BIA - came forward to address Council - gave recommendations for Carlsbad Program (powerpoint - on file in the OFfice of the City Clerk). Support staff's recommendation including removal of Cannon Road Reach 4.
Keep the road in circulation element and how it should be funded.
Comments: Blackburn - agree that Cannon Road will be a regional project rather than City project. Support the idea of taking Cannon off the TIF.
Packard - Also in support of staff's recommendation on four projects - recommend that Cannon Road come off of TIF also.
Hall - Concur with staff's recommendation -
Kulchin - Keep Cannon Road in circulation
All in favor of Ball - will introduce and amend Ordinance on it's face to reflect table 4 which takes out Cannon Road.
Will be back next (deleted rather than repealed on line 25 or 29) Look at ORDINANCE.
cITY
Motion to approve 11. AB #19,792 - REVISION OF THE TRAFFIC IMPACT FEE. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code revising the Traffic Impact Fee. Introduction of Ordinance No. CS-028. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,792 - REVISION OF THE TRAFFIC IMPACT FEE. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code revising the Traffic Impact Fee. Introduction of Ordinance No. CS-028. ACTION: (Approved) (Recorded at 00:36:10)
ORDINANCE FOR ADOPTION:
12. AB #19,793 - AMEND CARLSBAD MUNICIPAL CODE REGARDING PAWNBROKERS. Adopting Ordinance No. CS-027 amending Section 5.08.120 (Pawnbrokers) of the Carlsbad Municipal Code requiring pawn businesses to obtain a pawnbrokers license from the Chief of Police and repealing the requirement for a written permit from City Council. ACTION:
AB19,793
City Attorney Ron Ball titled the Ordinance.
Motion to approve 12. AB #19,793 - AMEND CARLSBAD MUNICIPAL CODE REGARDING PAWNBROKERS. Adopting Ordinance No. CS-027 amending Section 5.08.120 (Pawnbrokers) of the Carlsbad Municipal Code requiring pawn businesses to obtain a pawnbrokers license from the Chief of Police and repealing the requirement for a written permit from City Council. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,793 - AMEND CARLSBAD MUNICIPAL CODE REGARDING PAWNBROKERS. Adopting Ordinance No. CS-027 amending Section 5.08.120 (Pawnbrokers) of the Carlsbad Municipal Code requiring pawn businesses to obtain a pawnbrokers license from the Chief of Police and repealing the requirement for a written permit from City Council. ACTION: (Approved) (Recorded at 00:37:06)
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.
Kasey Cinciarelli, Carlsbad, came forward to address Council. Spoke about a local author who writes about children are unplugged from nature.
Spoke about Village H. Ms. Holder reported that property was in center of Open Space.
Village H is a wildlife cooridor and in Habitat Management Plan. The decision to purchase land is a closed session.
Started planting Oak trees many years ago. New owner has already taken down the trees. Village H is priceless area.
Spoke about Prop C funds not being used for open space. Preserve more. Village H afforded neighborhood to enjoy wildlife. Asking City to purchase property.
Rep - Lauren Metclack; Courtney Loblock - Carlsbad High School Key Club - North Coastal Prevention Coalition - Carlsbad is one of the only cities that does not have a social host Ordinance. Our club collected surveys - over 95% have known participants that drink alcohol. Handing out flyer for Forum - harm of underage drinking. Forum on May 6, 2009.
Rebecca Moore - Pres. of Carlsbad Library and ARts Foundation - Castles of Carlsbad Home Tour. Saturday May 16, 2009. Carlsbad - It's a Good Life! DVD will be shown regarding Learning Center. www.castlesofcarlsbad.com Can order tickets on line. Also available at Libraries - 602-2640
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
At 6:42 p.m.
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
MAY 5, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL AND CITY MANAGER REPORT:
13. AB #19,796 - DROUGHT MANAGEMENT UPDATE AND REQUEST TO SET PUBLIC HEARING FOR WATER AND SEWER RATES. To consider receiving an update on drought management, water shortage allocation and the status of water rates and charges; and, To consider setting the public hearing date for proposed increases in water rates and future rate adjustments allowing for the pass-through of wholesale water costs and inflationary adjustments; and, To consider setting the public hearing date for proposed increases in wastewater rates. CMWD Resolution No. 1352. City Council Resolution No. 2009-095. ACTION:
AB19,796
Deputy Public Works Manager Mark Stone, Public Works Manager Cari Dale and Senior Accountant Helga Stover presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave an overview of Water Supply Shortage Conditions.
Now showing slide of Supply Outlook.
Able to soften the cutback to 8%
CWA Board approved use of dry year supplies in FY 2010 to reduce impacts. Declared Level II Drought Alert. CWA Board approves member agencies allocation percentages. Chart shows that CMWD - will recive 3.9% of allocation coming from Metropolitan - will get final allocation from Met mid-May. Our Water District will be returning to Board to recommend an Drought Level II Alert.
Price of water continues to escalate at this time. MWD adopted a 19.7% increase effective September 2009. No increase January 2010. Projected incerase of 21.5% in January 2011. Both increases include a Delta surcharge - water supply charge eliminated. Surcharge will remain in effect until Delta issues are solved. Eliminated the $25 supply delivery charge though.
Future Actions now by Stone. CWA now anticipating 21 to 29% increase. Future Actions: CWA proposed rate increase - due out late May. CWA Board to consider in July.
Lewis comments: spoke about 21.5% Delta Surcharge - 9% of it goes to Delta. Questions - how is the Delta $$$ being spent. Cost factor - buying water out of Northern California - paying $250 to $500 per acre foot. Was paying about $40 per acre foot from Colorado River a while back.
CAri DAle - now presenting regarding setting the Public Hearing for June 23rd, 2009. Been working with consultant for rate design.
Robb GRanthan, Consultant - from FCS Group regarding proposed rate design.
45 Day written notice required - will also be published in the North County Times. New rates to be implemented on August 1, 2009.
Gave an overview of proposed tiered structure.
Helga Stover - now reviewing the proposed rate increases.
Note: increase to be reviewed is the maximum at this time - not action at this time by the Board.
Gave an overview of residential wastewater rates. Flat RAte/ Current Rate / Proposed Rate.
Mailed Majority Protest PUblic Hearing Notice - five rate tables shown in the public hearing notice.
Reviewed AB 3030 - authorized agnecies to pass-through of increases in wholesale water costs. Authorized inflationary ajdustment / Public Hearing not required. Board Council action is required.
Showed chart of current and proposed total monthly utility bill.
End of Presentation.
Packard - cost of reclaimed water - in the past the cost of the water was set at 95% of potable water - if I understood proosals cost of reclaimed will be more than potable.
Mr. Grantham explaining through the cost of service study - recycled water - in terms of pricing - it's irrigation - potable irrigation - recycled water will never exceed cost of potable water. Reclaimed water will stay at 0% cut backs. Will actually become cheaper during drought periods. Mr. Grantham - Notice should state irrigation only and recycled should be separate.
Hall - water and sewer rates are always very interesting. Spoke about increases continue - hope that when we look at rate and rate structures look at - look at City of Carlsbad - look at inhouse costs to soften the costs; and also to educate the consumers.
Asking that it is clearly spelled out - the need/necessity/priority of who the City of Carlsbad is. I would hope to have a conversation about what we can do in these areas. Do we need to get nuance / corrected. The notice has the maximum - Council has discretion to adopt rate that is lower. I think should be clarified then - recycled rate ;
Lewis - people have misconception - desalination will not be cheaper will be equal to what we pay to CWA. Want to make sure the public understands that desalination is not cheap.
Hall - not in favor of investing $$$ north of Bakersfield. Would rather invest in own community.
Kulchin - Important that the citizens realize this is a pass-through. Cannot subsidize the water. Kulchin - now talking about desalination. Taken over ten years to go to this. We are trying but under jurisdiction of a lot of resource agencies.
Takes time - water becomes expensive.
Lewis - SD region paying 80% for something we are not getting (speaking about water coming down from the Delta.
Packard - do we have a long term commitment to Met that we have to buy the water from them?
Stone - would not use word obligate - Met has been our sole source of water supplies. No obligation that we have to take that water.
Motion to approve 13. AB #19,796 - DROUGHT MANAGEMENT UPDATE AND REQUEST TO SET PUBLIC HEARING FOR WATER AND SEWER RATES. To consider receiving an update on drought management, water shortage allocation and the status of water rates and charges; and, To consider setting the public hearing date for proposed increases in water rates and future rate adjustments allowing for the pass-through of wholesale water costs and inflationary adjustments; and, To consider setting the public hearing date for proposed increases in wastewater rates. CMWD Resolution No. 1352. City Council Resolution No. 2009-095. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 13. AB #19,796 - DROUGHT MANAGEMENT UPDATE AND REQUEST TO SET PUBLIC HEARING FOR WATER AND SEWER RATES. To consider receiving an update on drought management, water shortage allocation and the status of water rates and charges; and, To consider setting the public hearing date for proposed increases in water rates and future rate adjustments allowing for the pass-through of wholesale water costs and inflationary adjustments; and, To consider setting the public hearing date for proposed increases in wastewater rates. CMWD Resolution No. 1352. City Council Resolution No. 2009-095. ACTION: (Approved) (Recorded at 01:21:46)
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
At 7:17 p.m.
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
MAY 5, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:22:22)
Minutes of the Special Meeting held April 14, 2009.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
14. AB #679 - ADVERTISE FOR BIDS. Approving the plans and specifications for the Industrial Park Recycled Water Service Lines Project, and authorizing the District Secretary to advertise for bids, Project No. 5201. Resolution No. 1351. ACTION:
Motion to approve 15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION: (Approved) (Recorded at 01:22:42)
AB680
AB679
15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION:
Number 15 being pulled for discussion by Mr. Hall.
Mr. Stone gave an overview of Board consideration for meter replacement.
Hall - this is about replacement and the ease at which we read the meters. Yes, said Stone.
Hall - what is slippage . . . water loss? Stone average is 8 Carlsbad is 3 to 6%
Hall - maybe reserve the $$$ rather than spend it.
Spoke about automation of meter reading. Would not want to do this at this time because of costs - but maybe in conjunction with what we do in the future.
Would like to see full report in next 30 to 45 days. Stone - need to point out that old meters - most have gone beyond their useful life. The meters are starting to lose their accuracy.
This might be one place that we can look to have a conversation.
Kulchin - do you still think that the new meters need to be replaced. Cari Dale - this is a item for advertising for bid - and is required to replace the meters. Will return at later date with bid results.
Packard - can we include wording in bid documents for "bid alternate".
Ball - will need to amend the resolution on its face to allow for alternatives.
Hall - wants full report to see all positives and negatives. Hall based on tonites report would vote no - wants larger report.
Lewis - cost of manpower and the leakage . .. . this is one piece of four piece question said Hall.
Dale - when operating budget comes forward on June 16th - will have comprehensive cost analysis. Will that before we accept bids asked Packard.
Packard will be review bids before or after budget. Can come back afterwareds said Dale.
Hildabrand - if we do go to Bid we can get accurate numbers - will allow us to get a true cost to go into the estimates.
Motion to approve 15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION: (Approved) (Recorded at 01:33:13)
As amended - to include bid alternatives per Ball.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
16. AB #19,794 - MAY 19, 2009 STATE PROPOSITIONS DISCUSSION. To consider discussing the May 19, 2009 state ballot measures. ACTION:
AB19,794
AT 7:29 p.m.
Packard - spoke about props 1a, b, c, d and e are shell games to find citizens to tax longer. Would like Council to adopt REsolution to oppose a - E. 1F is a carrot to would support 1F.
consistent with City platform to not support tax inreases.
Historically Council does not take position on State Propositions said Lewis.
Packard - if consistent with City platform can do this.
Kulchin - will abstain from this per Kulchin and not ready to take a position.
Blackburn - not in favor of tax increases. There are a lot of intricacies - would rather individuals - also abstain from making a recommendation.
Kelly Moores, came forward to address Council. Member of Carlsbad School Board - CUSD funding comes from State. Opposed 1a, c and e - listen to this lady. Part of Teacher association - listen.
CFBA in support of 1b and 1f. against 1 a, c, d and e.
Hall - very interesting how the props were crafted.
pACKARD - MY HOPE that enough of the Council Members will view this position in line with City Platform.
Minute Motion by Packard - to oppose 1a through 1e and support 1 f. Hall seconded the motion. Vote - Lewis No. KUlchin and Blackburn abstain. Failed due to lack of support.
17. AB #19,795 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. To consider appointing five members to the Traffic Safety Commission Resolution Nos. 2009-090, 2009-091, 2009-092, 2009-093, and 2009-094. ACTION:
AB19,795
Lewis now this item.
Motion to approve 17. AB #19,795 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. To consider appointing five members to the Traffic Safety Commission Resolution Nos. 2009-090, 2009-091, 2009-092, 2009-093, and 2009-094. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to approve 17. AB #19,795 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. To consider appointing five members to the Traffic Safety Commission Resolution Nos. 2009-090, 2009-091, 2009-092, 2009-093, and 2009-094. ACTION: (Approved) (Recorded at 01:44:13)
Council Reports Now.
Blackburn None.
Packard - in support of social host ordinance. Now thought for the night.
Hall - none.
Kulchin - spoke about Beach Feast on Saturday.
Lewis - none.
Hildabrand - social host ordinance - Police Department looking at Ordinance and should be coming forward in July.
LWood - announcement now.
Adjourn at 7:44 p.m.
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.
May 05, 2009 City Council and Carlsbad Municipal Water District Board Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:04:21)
LEGISLATIVE INVOCATION:
Pastor Moyer
PLEDGE OF ALLEGIANCE:
Kulchin
APPROVAL OF MINUTES:
Closed Session Announcement.
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:07:42)
Minutes of the Regular Meeting held April 7, 2009.
Minutes of the Joint Special Meeting held April 7, 2009.
Minutes of the Special Meeting held April 14, 2009.
Minutes of the Regular Meeting held April 14, 2009.
Minutes of the Special Meeting held April 15, 2009.
Minutes of the Special Meeting held April 16, 2009.
Minutes of the Regular Meeting held April 21, 2009.
Minutes of the Special Meeting held April 28, 2009.
PRESENTATIONS:
Presentation by Artist Bill Lignante to City Treasurer Mac McSherry.
Artist Bill Lignante - presented a special award to Mac McSherry, Treasureer - a picture.
Mr. McSherry appreciate the Council. Honored.
Proclamation Presentation in Recognition of Municipal Clerks Week.
Council Member Packard presented a Proclamation to City Clerk Lorraine Wood.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by 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 00:16:30)
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 #19,781 - ACCEPTANCE OF DONATION. Accepting a donation from Marley White in support of the Carrillo Ranch Fund and authorizing the appropriation of donated funds. Resolution No. 2009-080. ACTION:
AB19,781
2. AB #19,782 - APPROPRIATE FUNDS FOR "IN KIND" SERVICE ASSISTANCE. Authorizing the appropriation of funds to provide "in kind" services for the Special Olympics Law Enforcement Torch Run. Resolution No. 2009-081. ACTION:
AB19,782
3. AB #19,783 - SETTLEMENT OF CLAIM. Authorizing the expenditure of funds for the settlement of the Workers' Compensation Claim of Michael Shipley. Resolution No. 2009-082. ACTION:
AB19,783
4. AB #19,784 - NOTICE OF COMPLETION. Accepting the construction of the Poinsettia Community Park - Phase 2A Tennis Courts as complete, and authorizing the City Clerk to record a Notice of Completion, Project 4502. Resolution No. 2009-083. ACTION:
AB19,784
5. AB #19,785 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of March 31, 2009. ACTION:
AB19,785
6. AB #19,786 - MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS. Approving the Memorandum of Understanding with the San Diego Association of Governments (SANDAG) supporting a regional beach sand project and committing to funding engineering design and environmental documents. Resolution No. 2009-084. ACTION:
AB19,786
7. AB #19,787 - DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM. Approving the City of Carlsbad Disadvantaged Business Enterprise (DBE) Program Implementation Agreement as contained within Council Policy Statement No. 67, and authorizing the City Manager to execute the DBE Program Implementation Agreement. Resolution No. 2009-085. ACTION:
AB19,787
8. AB #19,789 - REFUND OF BUSINESS LICENSE TAX. Authorizing the refund of business license tax to Safeway, Inc. Resolution No. 2009-087. ACTION:
AB19,789
9. AB #19,790 - ADVERTISE FOR BIDS. Approving the plans and specifications for the 2009 Pavement Overlay, and authorizing the City Clerk to advertise for bids, Project No. 6001-09OL. Resolution No. 2009-088. ACTION:
AB19,790
10. AB #19,791 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 3 to the agreement with Ascentium Corporation for Mircosoft Sharepoint Implementation for the City's Web site, and authorizing the appropriation of funds. Resolution No. 2009-089. ACTION:
AB19,791
ORDINANCE FOR INTRODUCTION:
11. AB #19,792 - REVISION OF THE TRAFFIC IMPACT FEE. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code revising the Traffic Impact Fee. Introduction of Ordinance No. CS-028. ACTION:
AB19,792
Senior Civil Engineer Marshall Plantz presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave a brief background of the TIF Program. Explained the funding mechanisms based on average daily trip (adt) fees.
Reviewed the projects involved in reason for fee reduction.
Cost Reduction of $6.4 million (3 segments and 1 intersection)
In addition to changing project scopes and alternative - potential to eliminate funding for Cannon Road Reach 4B - that would add an additional $5.4 million)
End of Presentation.
Blackburn - addressing Cannon Road Reach 4 - if we decide to continue to collect funds for it and we do not build it - what happens to the money? Does it have to be returned - if we choose not to collect the TIF and then sometime down the road want to build - how would we pay for it? Plantz - money is not dedicated to one certain project - if at end of program - there is not an obligation to pay developers who have paid - if their is an excess we may have to go back and return. Experience is that fee programs typically come up short. There is not a dedicated funding program for Cannon Road - may pursue funding through regional and state sources.
Packard - there is an escalation factor related to these fees or are they fixed? Is there an inflation factor to adjust fees to accommodate future construction costs. Plantz - yes there is an escalation factor - 2% or Caltrans construction cost index.
Lewis - on Cannon Road - the situation will benefit Oceanside and Vista area more than those from Carlsbad. Cutting out potential fee structure - it would become a regional benefit and would work with Sandag.
Hall - Cannon Reach 4b - was in top five goals at one time - as much as we tried to move forward with that Road - communities not supportive only 20 to 25% benefit to Carlsbad. Should be funded by Region.
Scott Molloy of BIA - came forward to address Council - gave recommendations for Carlsbad Program (powerpoint - on file in the OFfice of the City Clerk). Support staff's recommendation including removal of Cannon Road Reach 4.
Keep the road in circulation element and how it should be funded.
Comments: Blackburn - agree that Cannon Road will be a regional project rather than City project. Support the idea of taking Cannon off the TIF.
Packard - Also in support of staff's recommendation on four projects - recommend that Cannon Road come off of TIF also.
Hall - Concur with staff's recommendation -
Kulchin - Keep Cannon Road in circulation
All in favor of Ball - will introduce and amend Ordinance on it's face to reflect table 4 which takes out Cannon Road.
Will be back next (deleted rather than repealed on line 25 or 29) Look at ORDINANCE.
cITY
Motion to approve 11. AB #19,792 - REVISION OF THE TRAFFIC IMPACT FEE. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code revising the Traffic Impact Fee. Introduction of Ordinance No. CS-028. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,792 - REVISION OF THE TRAFFIC IMPACT FEE. To consider amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code revising the Traffic Impact Fee. Introduction of Ordinance No. CS-028. ACTION: (Approved) (Recorded at 00:36:10)
ORDINANCE FOR ADOPTION:
12. AB #19,793 - AMEND CARLSBAD MUNICIPAL CODE REGARDING PAWNBROKERS. Adopting Ordinance No. CS-027 amending Section 5.08.120 (Pawnbrokers) of the Carlsbad Municipal Code requiring pawn businesses to obtain a pawnbrokers license from the Chief of Police and repealing the requirement for a written permit from City Council. ACTION:
AB19,793
City Attorney Ron Ball titled the Ordinance.
Motion to approve 12. AB #19,793 - AMEND CARLSBAD MUNICIPAL CODE REGARDING PAWNBROKERS. Adopting Ordinance No. CS-027 amending Section 5.08.120 (Pawnbrokers) of the Carlsbad Municipal Code requiring pawn businesses to obtain a pawnbrokers license from the Chief of Police and repealing the requirement for a written permit from City Council. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,793 - AMEND CARLSBAD MUNICIPAL CODE REGARDING PAWNBROKERS. Adopting Ordinance No. CS-027 amending Section 5.08.120 (Pawnbrokers) of the Carlsbad Municipal Code requiring pawn businesses to obtain a pawnbrokers license from the Chief of Police and repealing the requirement for a written permit from City Council. ACTION: (Approved) (Recorded at 00:37:06)
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.
Kasey Cinciarelli, Carlsbad, came forward to address Council. Spoke about a local author who writes about children are unplugged from nature.
Spoke about Village H. Ms. Holder reported that property was in center of Open Space.
Village H is a wildlife cooridor and in Habitat Management Plan. The decision to purchase land is a closed session.
Started planting Oak trees many years ago. New owner has already taken down the trees. Village H is priceless area.
Spoke about Prop C funds not being used for open space. Preserve more. Village H afforded neighborhood to enjoy wildlife. Asking City to purchase property.
Rep - Lauren Metclack; Courtney Loblock - Carlsbad High School Key Club - North Coastal Prevention Coalition - Carlsbad is one of the only cities that does not have a social host Ordinance. Our club collected surveys - over 95% have known participants that drink alcohol. Handing out flyer for Forum - harm of underage drinking. Forum on May 6, 2009.
Rebecca Moore - Pres. of Carlsbad Library and ARts Foundation - Castles of Carlsbad Home Tour. Saturday May 16, 2009. Carlsbad - It's a Good Life! DVD will be shown regarding Learning Center. www.castlesofcarlsbad.com Can order tickets on line. Also available at Libraries - 602-2640
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
At 6:42 p.m.
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
MAY 5, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL AND CITY MANAGER REPORT:
13. AB #19,796 - DROUGHT MANAGEMENT UPDATE AND REQUEST TO SET PUBLIC HEARING FOR WATER AND SEWER RATES. To consider receiving an update on drought management, water shortage allocation and the status of water rates and charges; and, To consider setting the public hearing date for proposed increases in water rates and future rate adjustments allowing for the pass-through of wholesale water costs and inflationary adjustments; and, To consider setting the public hearing date for proposed increases in wastewater rates. CMWD Resolution No. 1352. City Council Resolution No. 2009-095. ACTION:
AB19,796
Deputy Public Works Manager Mark Stone, Public Works Manager Cari Dale and Senior Accountant Helga Stover presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave an overview of Water Supply Shortage Conditions.
Now showing slide of Supply Outlook.
Able to soften the cutback to 8%
CWA Board approved use of dry year supplies in FY 2010 to reduce impacts. Declared Level II Drought Alert. CWA Board approves member agencies allocation percentages. Chart shows that CMWD - will recive 3.9% of allocation coming from Metropolitan - will get final allocation from Met mid-May. Our Water District will be returning to Board to recommend an Drought Level II Alert.
Price of water continues to escalate at this time. MWD adopted a 19.7% increase effective September 2009. No increase January 2010. Projected incerase of 21.5% in January 2011. Both increases include a Delta surcharge - water supply charge eliminated. Surcharge will remain in effect until Delta issues are solved. Eliminated the $25 supply delivery charge though.
Future Actions now by Stone. CWA now anticipating 21 to 29% increase. Future Actions: CWA proposed rate increase - due out late May. CWA Board to consider in July.
Lewis comments: spoke about 21.5% Delta Surcharge - 9% of it goes to Delta. Questions - how is the Delta $$$ being spent. Cost factor - buying water out of Northern California - paying $250 to $500 per acre foot. Was paying about $40 per acre foot from Colorado River a while back.
CAri DAle - now presenting regarding setting the Public Hearing for June 23rd, 2009. Been working with consultant for rate design.
Robb GRanthan, Consultant - from FCS Group regarding proposed rate design.
45 Day written notice required - will also be published in the North County Times. New rates to be implemented on August 1, 2009.
Gave an overview of proposed tiered structure.
Helga Stover - now reviewing the proposed rate increases.
Note: increase to be reviewed is the maximum at this time - not action at this time by the Board.
Gave an overview of residential wastewater rates. Flat RAte/ Current Rate / Proposed Rate.
Mailed Majority Protest PUblic Hearing Notice - five rate tables shown in the public hearing notice.
Reviewed AB 3030 - authorized agnecies to pass-through of increases in wholesale water costs. Authorized inflationary ajdustment / Public Hearing not required. Board Council action is required.
Showed chart of current and proposed total monthly utility bill.
End of Presentation.
Packard - cost of reclaimed water - in the past the cost of the water was set at 95% of potable water - if I understood proosals cost of reclaimed will be more than potable.
Mr. Grantham explaining through the cost of service study - recycled water - in terms of pricing - it's irrigation - potable irrigation - recycled water will never exceed cost of potable water. Reclaimed water will stay at 0% cut backs. Will actually become cheaper during drought periods. Mr. Grantham - Notice should state irrigation only and recycled should be separate.
Hall - water and sewer rates are always very interesting. Spoke about increases continue - hope that when we look at rate and rate structures look at - look at City of Carlsbad - look at inhouse costs to soften the costs; and also to educate the consumers.
Asking that it is clearly spelled out - the need/necessity/priority of who the City of Carlsbad is. I would hope to have a conversation about what we can do in these areas. Do we need to get nuance / corrected. The notice has the maximum - Council has discretion to adopt rate that is lower. I think should be clarified then - recycled rate ;
Lewis - people have misconception - desalination will not be cheaper will be equal to what we pay to CWA. Want to make sure the public understands that desalination is not cheap.
Hall - not in favor of investing $$$ north of Bakersfield. Would rather invest in own community.
Kulchin - Important that the citizens realize this is a pass-through. Cannot subsidize the water. Kulchin - now talking about desalination. Taken over ten years to go to this. We are trying but under jurisdiction of a lot of resource agencies.
Takes time - water becomes expensive.
Lewis - SD region paying 80% for something we are not getting (speaking about water coming down from the Delta.
Packard - do we have a long term commitment to Met that we have to buy the water from them?
Stone - would not use word obligate - Met has been our sole source of water supplies. No obligation that we have to take that water.
Motion to approve 13. AB #19,796 - DROUGHT MANAGEMENT UPDATE AND REQUEST TO SET PUBLIC HEARING FOR WATER AND SEWER RATES. To consider receiving an update on drought management, water shortage allocation and the status of water rates and charges; and, To consider setting the public hearing date for proposed increases in water rates and future rate adjustments allowing for the pass-through of wholesale water costs and inflationary adjustments; and, To consider setting the public hearing date for proposed increases in wastewater rates. CMWD Resolution No. 1352. City Council Resolution No. 2009-095. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 13. AB #19,796 - DROUGHT MANAGEMENT UPDATE AND REQUEST TO SET PUBLIC HEARING FOR WATER AND SEWER RATES. To consider receiving an update on drought management, water shortage allocation and the status of water rates and charges; and, To consider setting the public hearing date for proposed increases in water rates and future rate adjustments allowing for the pass-through of wholesale water costs and inflationary adjustments; and, To consider setting the public hearing date for proposed increases in wastewater rates. CMWD Resolution No. 1352. City Council Resolution No. 2009-095. ACTION: (Approved) (Recorded at 01:21:46)
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
At 7:17 p.m.
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
MAY 5, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:22:22)
Minutes of the Special Meeting held April 14, 2009.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
14. AB #679 - ADVERTISE FOR BIDS. Approving the plans and specifications for the Industrial Park Recycled Water Service Lines Project, and authorizing the District Secretary to advertise for bids, Project No. 5201. Resolution No. 1351. ACTION:
Motion to approve 15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION: (Approved) (Recorded at 01:22:42)
AB680
AB679
15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION:
Number 15 being pulled for discussion by Mr. Hall.
Mr. Stone gave an overview of Board consideration for meter replacement.
Hall - this is about replacement and the ease at which we read the meters. Yes, said Stone.
Hall - what is slippage . . . water loss? Stone average is 8 Carlsbad is 3 to 6%
Hall - maybe reserve the $$$ rather than spend it.
Spoke about automation of meter reading. Would not want to do this at this time because of costs - but maybe in conjunction with what we do in the future.
Would like to see full report in next 30 to 45 days. Stone - need to point out that old meters - most have gone beyond their useful life. The meters are starting to lose their accuracy.
This might be one place that we can look to have a conversation.
Kulchin - do you still think that the new meters need to be replaced. Cari Dale - this is a item for advertising for bid - and is required to replace the meters. Will return at later date with bid results.
Packard - can we include wording in bid documents for "bid alternate".
Ball - will need to amend the resolution on its face to allow for alternatives.
Hall - wants full report to see all positives and negatives. Hall based on tonites report would vote no - wants larger report.
Lewis - cost of manpower and the leakage . .. . this is one piece of four piece question said Hall.
Dale - when operating budget comes forward on June 16th - will have comprehensive cost analysis. Will that before we accept bids asked Packard.
Packard will be review bids before or after budget. Can come back afterwareds said Dale.
Hildabrand - if we do go to Bid we can get accurate numbers - will allow us to get a true cost to go into the estimates.
Motion to approve 15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 15. AB #680 - ADVERTISE FOR BIDS. Authorizing the District General Manager to advertise for bids for water meter purchases and replacements. Resolution No. 1353. ACTION: (Approved) (Recorded at 01:33:13)
As amended - to include bid alternatives per Ball.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
16. AB #19,794 - MAY 19, 2009 STATE PROPOSITIONS DISCUSSION. To consider discussing the May 19, 2009 state ballot measures. ACTION:
AB19,794
AT 7:29 p.m.
Packard - spoke about props 1a, b, c, d and e are shell games to find citizens to tax longer. Would like Council to adopt REsolution to oppose a - E. 1F is a carrot to would support 1F.
consistent with City platform to not support tax inreases.
Historically Council does not take position on State Propositions said Lewis.
Packard - if consistent with City platform can do this.
Kulchin - will abstain from this per Kulchin and not ready to take a position.
Blackburn - not in favor of tax increases. There are a lot of intricacies - would rather individuals - also abstain from making a recommendation.
Kelly Moores, came forward to address Council. Member of Carlsbad School Board - CUSD funding comes from State. Opposed 1a, c and e - listen to this lady. Part of Teacher association - listen.
CFBA in support of 1b and 1f. against 1 a, c, d and e.
Hall - very interesting how the props were crafted.
pACKARD - MY HOPE that enough of the Council Members will view this position in line with City Platform.
Minute Motion by Packard - to oppose 1a through 1e and support 1 f. Hall seconded the motion. Vote - Lewis No. KUlchin and Blackburn abstain. Failed due to lack of support.
17. AB #19,795 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. To consider appointing five members to the Traffic Safety Commission Resolution Nos. 2009-090, 2009-091, 2009-092, 2009-093, and 2009-094. ACTION:
AB19,795
Lewis now this item.
Motion to approve 17. AB #19,795 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. To consider appointing five members to the Traffic Safety Commission Resolution Nos. 2009-090, 2009-091, 2009-092, 2009-093, and 2009-094. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to approve 17. AB #19,795 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. To consider appointing five members to the Traffic Safety Commission Resolution Nos. 2009-090, 2009-091, 2009-092, 2009-093, and 2009-094. ACTION: (Approved) (Recorded at 01:44:13)
Council Reports Now.
Blackburn None.
Packard - in support of social host ordinance. Now thought for the night.
Hall - none.
Kulchin - spoke about Beach Feast on Saturday.
Lewis - none.
Hildabrand - social host ordinance - Police Department looking at Ordinance and should be coming forward in July.
LWood - announcement now.
Adjourn at 7:44 p.m.
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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