Video index
CALL TO ORDER: 6:00 P.M.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:01:08)
Get settlement agreement announcement from closed session.
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Joint Special Meeting held May 12, 2009.
Minutes of the Special Meeting held June 2, 2009.
Minutes of the Joint Special Meeting held June 2, 2009
Motion to approve Minutes of the Joint Special Meeting held June 2, 2009 Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve Minutes of the Joint Special Meeting held June 2, 2009 (Approved) (Recorded at 00:06:18)
Mayor stated Council will pull Council item #1
Mayor Pro Tem Kulchin introduced Heather Pizzuto, Library Director to provide an explanation of the presentation/donation.
Minutes of the Regular Meeting held June 2, 2009.
Motion to approve Minutes of the Regular Meeting held June 2, 2009. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve Minutes of the Regular Meeting held June 2, 2009. (Approved) (Recorded at 00:02:22)
PRESENTATION:
Proclamation Presentation in Recognition of Mira Costa Community College 75th Anniversary and New President Dr. Francisco Rodriguez.
Mayor Pro Tem Kulchin introduced Gloria Carranza (on the board) who explained the role MiraCosta College plays in the community. Ms. Carranza presented Dr. Francisco Rodriguez.
Mayor Pro Tem Kulchin read a proclamation recognizing MiraCosta College's 75th anniversary in the community.
Dr. Rodriguez thanked Council for the proclamation and stated it was a pleasure to serve the residents of Carlsbad and are proud to be a member of the community.
Mayor Lewis stated that Consent Item #1 was being pulled for discussion.
Library and Arts Foundation's President Becky Moore provided an explanation of the Foundation's campaign to raise funds for the Learning Center.
Becky Moore introduced Foundation Vice President Gina McBride to present the $50,000 donation to City Council.
Ms. McBride explained there were naming opportunities available for various rooms in the Learning Center.
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 00:16:38)
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 #19,860 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation as partial reimbursement for the costs of the Library Learning Center. Resolution No. 2009-148. ACTION:
AB #19,860
2. AB #19,861 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Lions Club for the purpose of providing materials for the visually and hearing impaired, and appropriating funds. Resolution No. 2009-149. ACTION:
AB #19,861
3. AB #19,862 - ACCEPTANCE OF DONATIONS. Accepting individual cash donations and in-kind donations in support of the 2009 Carlsbad Loves Kids special event, and appropriating funds. Resolution No. 2009-150. ACTION:
AB #19,862
4. AB #19,863 - ACCEPTANCE OF DONATION. Accepting a donation to the Parks Memorial Bench/Tree Program from Ms. Raheela Bokhari for a memorial bench, and appropriating funds. Resolution No. 2009-151. ACTION:
AB #19,863
5. AB #19,864 - APPROVE ANNUAL CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT REPORT. Approving the Annual Report of the CTBID, and continuing the programs and assessments for Fiscal Year 2009-10. Resolution No. 2009-152. ACTION:
AB #19,864
6. AB #19,865 - AUTHORIZE GRANT APPLICATION. Authorizing the Public Works Director to submit an application to the California Integrated Waste Management Board for the Used Oil Grant Program Cycle 15. Resolution No. 2009-153. ACTION:
AB #19,865
7. AB #19,866 - APPROVE AGREEMENT AND PARTIAL REFUND OF PREPAYMENT FEES. Approving the form of the Refund Agreement and authorizing a partial refund of prepayment fees paid for the Rancho Santa Fe Road Project improvements, subject to completion and submittal of the Refund Agreement by applicable property owners. Resolution No. 2009-154. ACTION:
AB #19,866
8. AB #19,867 - SETTLEMENT OF CLAIM. Authorizing the settlement of the Workers' Compensation claim of Mark Widdoss. Resolution No. 2009-155. ACTION:
AB #19,867
9. AB #19,868 - REPORT ON CITY INVESTMENTS. Accepting the report from the City Treasurer on the status of city investments as of May 31, 2009. ACTION:
AB #19,868
10. AB #19,874 - APPROVE AMENDMENT NO. 11 TO AGREEMENT FOR ALGA NORTE COMMUNITY PARK. Approving Amendment No. 11 to the Agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2009-164. ACTION:
AB #19,874
11. AB #19,869 - REQUEST FOR FINDING REGARDING MAINTENANCE AND SERVICE AGREEMENTS. Finding that, in accordance with CMC Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the maintenance and service agreements for Tree Trimming and Traffic Signal Maintenance, and providing that the determination be included in the Notices Inviting Bids due to potential cost savings. Resolution No. 2009-156. ACTION:
AB #19,869
12. AB #19,870 - FINAL MAP FOR ROBERTSON RANCH PA 21. Approving the Final Map for Robertson Ranch PA 21, and authorizing the Final Map to be recorded, CT 06-25. Resolution No. 2009-157. ACTION:
AB #19,870
13. AB#19,876 - AUTHORIZE CITY ATTORNEY TO CHALLENGE CONSTITUTIONALITY OF ANY SEIZURE OF CITY STREET MAINTENANCE FUNDS BY THE STATE OF CALIFORNIA. Authorizing the City Attorney to join with the League of California Cities and other cities and counties challenging the constitutionality of any seizure by the State of the City's Street Maintenance Funds. Resolution No. 2009-166. ACTION:
AB #19,876
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.
Kelly Wyatt came forward to address Council. Ms. Wyatt spoke to Council about street art vending. She stated she felt every municipality should have regulations to allow street vending.
Ms. Wyatt stated she was interested in helping the City create a street vending license for artists a system for artists to sell in the streets without hampering local businesses.
Vivak Chowla came forward to address Council. 2710 Abedul Street. Free community health fair 6/27 7 am to 11 am at Scripps Hospital Encinitas. Scripps glucose, body fat and cholesteral screening at this facility. Local health vendors and health experts will be on hand to answer questions and provide assistance.
Anyone planning to attend for the glucose/cholesteral screening need to fast 12 hours before the test.
Mayor Lewis asked and Council regarding the street vendor.
Council Member Hall and Mayor Pro Tem Kulchin asked for staff review of the request.
City Manager Lisa Hildabrand stated that staff would review this request and report back to Council.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT
Adjournment to CMWD only
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
JUNE 23, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
PUBLIC HEARING:
iTEM # 15 pulled out of order
15. AB #686 - WATER METER REPLACEMENT PROGRAM. Approving the Water Meter Replacement Program and appropriating funds for Fiscal Year 2009-10. Resolution No. 1361. ACTION:
AB #686
Cari Dale gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
Water Meter Division known as the cash register division of the Water Department.
Meters get old, become less accurate in the usage of water.
Consultant explained the current way of reading water meters.
Consultant then explained the automated way of meter reading to Council.
Consultant then explained the advantages of automated water meter reading.
Cari explained how automated meter reading could enhance revenues to the city.
Cari also explained that AMR would decrease Greenhouse gases.
Consultant explained how employee safety would also be increased with AMR.
Consultant also explained that agencies that use AMR become eligible for grant funding from the Bureau of Reclamation.
Consultant explained that AMR will assist with water conservation issues. AMR also solves accesibility issues (i.e. gated communities, ).
Consultant stated that a pilot program was tested on 24 agricultural customers that was succesful and assisted the customers with cutting their consumption of water. It also helped detect a leak one of the customer's had and helped saved the customer penalties and money.
Cari listed agencies that are currently using the AMR program.
Cari gave Council options to funding the AMR program. Option 1 - fund AMR Program - Option 2 - fund manual program - Option 3 - not fund meter replacement program
Cari stated that the meter replacement program has been under funded for the past five years. 15% of the meters in the city would be replaced yearly.
MPTK - asked about grant funding of $1.3 million how does it look about Carlsbad securing this type of grant.
Consultant responded that it did look good with the implementation of the AMR program.
MPT Kulchin, would be more probably of receiving the grant with the AMR.
Cari responded that the grant is a matching grant.
CM Packard stated the cost is $833 with a matching grant of $1.3 million.
CM Packard stated year 1 is $833 what is cost of additional years
Get Cari's response.
Helga stated that next year's $833 will be on top of what is already in the budget for next year. As time goes on it allows a reduction of staff. As time goes on its will provide a decrease in dollars that will be needed because staffing levels will decrease.
MH - asked how much does a community like to use in a perfect world?
CD responded that3 or 4% 1st yearor a 5% loss. CD responded that this year water lost through the system has gotten worse.
MH - in water industry throughut all commnities what is target for loss.
CD - 6% or less is very good.
MH asked what the percentage loss amounted to iin revenu.
Get Cari's response.
KB - with new AMR what do expect loss to be
CD - estimates are down to 1% with leak detection equipment and customer service component.
MP - losing about $15,000 per year through bad meters and now $1.2 million per year loss.
CD - lower number is based on meters that are stuck and not low.
ML - though he would support #1 , MWA increase the rates 21% next year, increase of buying water from the farmers, actually savings element the math $833, the difference will actually be occurring for about 15 years and the cost of saving water that Option #1 be best solution on Mayor's mind.
Helga fiscal year 09-10 operating budget is that included funding for meter reading replacement program. Increase is $6.7 million increase (slide shows breakout) the bulk of the costs is for water that is purchased.
MH - 26% that is of the increases that is Carlsbad's share there are 2 pieces one equal 10% and the leak detection $2 %.
Helga - option 1 is with both parts of the package.
MP - asked about the longevity of the meters concerned about the mindset to replce meters on a scheduled as opposed to when there is a problem. Schedule commands the city spending $850,000 in perpetuity this way.
MH asked to see the number and how they changed in the past day.
Motion to approve 15. AB #686 - WATER METER REPLACEMENT PROGRAM. Approving the Water Meter Replacement Program and appropriating funds for Fiscal Year 2009-10. Resolution No. 1361. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 15. AB #686 - WATER METER REPLACEMENT PROGRAM. Approving the Water Meter Replacement Program and appropriating funds for Fiscal Year 2009-10. Resolution No. 1361. ACTION: (Approved) (Recorded at 01:02:00)
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 01:02:28)
Minutes of the Joint Special Meeting held June 2, 2009.
Minuets of the Special Meeting held June 2, 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.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD
CITY COUNCIL
AND
14. AB #19,875 - PROPOSED WATER AND SEWER RATE INCREASES. To consider approving increases for water and sewer rates for properties within the Carlsbad Municipal Water District and the City of Carlsbad. City Council Resolution No. 2009-165. CMWD Resolution No. 1360. COUNCIL ACTION:
AB #19,875
Helga Stover and Robb Grantham, representing FCS Group gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
Helga addressed the increase of wholesale cost of water.
Hired consultant in 2008 to provide cost of service study and water rate structure.
Mr. Grantham explained the objectives of rate design for the city.
Mr. Grantham reviewed issues to be considered when developing drought water rate pricing.
Mr. Grantham reviewed the development process for the rates.
Mr. Grantham reviewed the public outreach process - workshop that was held.
Mr. Grantham explained the tiered water rate structure for Carlsbad residents. He said that this type of structure does not work for commercial users, which would be receiving a flat rate charge.
Base costs water using throughout the course of the year. Peak costs is water being used during the irrigation times of the year.
Mr. Grantham addressed single family residential use. The first conservation tier at 12 units how it correlates to usage curve. 50% of the bills that go out to Carlsbad residents are 12 units or less.
Recommendation to approve these rates to correlate to Drought Level 2.
Recycled Water has been monitored and its usage has increased significantly. by the end of the following fiscal year the acre feet will also increase in usage. Can recommend a lower cost per unit rate because of the usage.
Helga addressed the agricultural rate. Option1 - recommended option - amount required to fund operating costs and fund the reserve. The board's reserve policy is to fund the reserve for about 44% as opposed to 15%
Carlsbad ratepayers have been conserving at about 5% this past year. If conservation continues, rates could be reduced, but caution was issued because of the reserve.
Wastewater Sewer Increase is 9% which would added funding to the reserve and provide a balanced budget.
Helga reviewed how the city conserves water. She also reviewed Assembly Bill 3030 that was adopted in September 2008. She also reviewed the calendar.
water fund would loose $800,000-$900,000 per month - $7500 for sewer if not funded.
Helga also addressed several protest letters received.
Mayor Lewis take a 5 minute break. 7:25
cutoff system to icrease for tier 2, assign knowledgabel staff to act as ambassadors to adivse residents to conserve water.
Mayor Lewis opened the duly noticed public hearing.
Mercedes Martin of Carlsbad came forward to address Council. Ms. Martin stated she sent Council a protest letter. She stated she was protesting the tier levels. She felt that tier level 2 should be expanded before tier level 3 kicks in.
MPTK - assigning ambassadors - do this already just call.
Mayor Lewis clarified that large lots should receive the break.
Ms. Martin stated that larger lots of homeowners have not been taken into consideration. She stated she already conserves water. She said if they fell into the first tier, everything would die and create a fire hazard.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD .
MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
JUNE 23, 2009
6:00 P.M
CALL TO ORDER:
ROLL CALL:
Meeting Paused
Mayor Lewis reconvened the Council Meeting with five members present
Meeting Resumed
Dale Kubacki of Carlsbad came forward to address Council. Mr. Kubacki feels the rate is too high. Stated the flyer that was mailed was very confusing.
Mr. Grantham stated that 11.9 last year, pass through was 12. something, this year pass through was get #
Mayor Lewis asked staff to address the CWA increase.
Mr. Packard asked about the meter size.
Mr. Kuback strongly urged Council review imposed water rates. SDCWA only put in an 11% water rate increase and would like to know why there is such a difference.
Mr. Kuback said he did not understand the difference in the delivery charges and increases..
Mr. Kubacki addressed delivery charges which he says do not depend on how much water you use. He ended up paying more because of the size of meter that was installed in his house.
Mr. Kubacki the conservation rate for under 7 units of water was $1.91 - the new proposed rates ignore this and the starting rate begins at $2.69.
Rick Lance of Carlsbad came forward to address Carlsbad. Spoke in oposition of water rate increase. Stated he is a strong conservationist. Is against the tiered rate. Tiered rate a large parcel owner is penalized for trying to maintain landscape property what are we being charged more for water and services if there is a limited supply while the city is still selling water permits Feels it would be more prudent to stop this practice..
Mayor Lewis asked to see a copy of the report that is provided to Bob.
Helga reviewed the tiered structure under Option 2.
Mayor Lewis stated that in the past the teacher did live in the residences as part of their salaries.
Mr. Wojick stated that he is reviewing the history of the residences.
ML asked about the single family residences and if they are occupied.
Mayor Lewis asked about the comparison of high school to the academy.
Bob Wojick Hofman, Planning Engineering representing the Army Navy Academy came forward to address Council. Academy is opposed to the sewer rate increase. Mr. Wojick discovered a serious overcharge of sewer rate to the Academy. The Academy is being charged for a boarding school is approximately 5 times the rate as a high school. Sewer rates for a boarding school, multi-family residents, class 5 multi family bldg and five single family residences. If any rate charges are approved not be assesed to the academy until this is resolved.
Mr. Kate sated that moving toward allocation baseline will have an affect on a yearround basis, supported by the busineses in the community.
Mr. Kate stated the water usage was based on sanitary usage only. Believes difficulties will arise with the current water rate structure. Could cause problems with development of budget in future years.
Mayor Lewis again asked for clarification regarding large lot and use 4 times as much as my neighbor, but hte neighbor would get the same as himself.
Mr. Kate stated that it has taken several years.
Mr. Kate stated there were assumptions in the home and over a period of time put the onus on the residents to advise of any changes.
Chris Kate of Carlsbad came foward to address council. Upset with Assembly Bill 2882 referenced in the staff report.
MP does the city survey how many people are in the home?
Bob Wojick stated that high school is charged .80 per student per month, while the academy is being charged $4 per student per month.
Mr. Wojick stated that he felt that there is an overcharge of the residences because they are not occupied.
The increased water on Mr. Eaton's bill alone will run about another $100 per month that the City wants in excess fee. Mr. Eaton stated he has conserved at 10%. Mr. Eaton provided the Olivenhain Municipal Water District as an example. Suggestions: notation added to water bill that states the amount of water used in a particular month previous year, and project useage for the next/current month. Local paper states no penalty will occur if we reduce our consumption.
Mr. Hall asked for clarification.
Mr. Kate responded with sanitary usage yes, but anything above that would be a tiered rate structure that was discretionary use. This is what the AB was intended for.
Mayor Lewis asked for clarification regarding example of a 1 acres lot with one residence.
James Eaton of Carlsbad came forward to address Council. Mr. Eaton thanked Carlsbad for going forward on the desalination plant. He felt that taxpayers should only pay the increase passed onto the city and not more. He was in opposition to the tiered structure. He said that many of the larger lot owners are in old Carlsbad and are retired and living on fixed incomes. Mr. Eaton stated his lot size was 17,000 that contains a 50 row easement. He added that he conserves water and has recently landscaped with drought tolerant plants. Everylot owner that is a large lot owner will see their bill increase about 100%. 18% is the average over the city as a whole.
Mayor Lewis asked Mr. Kate asked if he felt the intent was that larger lots should be able to use more water than smaller lots.
Mr. Ball stated that Council should deal with the protest of the rate increase.
Mayor Lewis closed the duly noticed pulbic hearing at 8:24 pm.
Chris Calking stated paying 100% more for reclaimed water. Does not understand policy District is following, and cannot lose part of crop, pay twice as much. Does not make agriculture sustainable. Peak issue that the area in the city which the voters want to keep agriculture happen to have non-peak usage. The peak areas are other areas. no one else in the city is required to use water, Flower Fields is required by City's CUP to plant and grow and cannot stop without giving the city five years notice. Being charged the multi-family tier. Costs will be about $100,00 additional per year. Asking to adopt policy to that reflect the the obligations required by the city.
ML - asked if MM will approach Poseidon because at times there might be a surplus.
MP - asked for clarification on wether MM is under irrigation/agriculture rate.
MM responded that use the reclaimed water but has issues with the salt in the water but does use it with potable water.
KB asked if recycled water is used on the flower fields.
Mike Mellano grower Flower Fields. Acutely aware of water costs and conservation. Working diligently to alleviate concerns and issues relating to water conservation. Do not use peak water. Main useage is November, Dec, March. Questions the way the agriculture rate structure as presented. New rate structure does not allow agriculture to be sustainable. Current rate structure is confusing and opted to get out of IWPA water. Citizenry of Carlsbad has stated that they want agriculture to continue in Carlsbad. Total consumption of water by agriculture is not tht much. REcommend water rates remain where they are until a handle is obtained and roll back reclaimd water rates to previous ones.
Peter Mackoff representing Carlsbad Strawberry Fields, came forward to address Council. During 2008 reduced water usage by 44%. Also incurred reduction of yield. Drawing 3/4 water in off peak times of the year. About 10% of the production costs is spent on water. Cannot sustain this increase to continue growing. Consider adopting and interim price stucutre that represents the 21% pass through. Create an agriculture sustaining committee that can review bring forward rate structure to assist growers in Carlsbad. Put a hold on any disbursement from ag mitigation fund until it is know where or not the business is viaible.
ML - review farming community.
ML - Marbella lawsuit wiped out reserve in water. Reserve is important.
ML - addressed the promise to the citizens about the flower fields.
MPTK - addressed Mr. Wojick's concerns about the Army Navy Academy
MPTK - suggested that District consider establishing a committee
MS - did not - spoke to residents, spoke to businesses, did not address specific class
MPTK - asked if a sustainable ag committee has been addressed
MH - clarified different rate users.
MS - clarified ordinance related to hardships - related to water conservation/impacts program not in the context of rates.
RG - through process reviewed different rate structures. Referred to Irvine Ranch. Did not use this process is due to the added administrative costs reviewing different variances. Lot size - looked at overall customer class, peak demand and noted that most of customers were using 12 cc or less not wanting to give variance on specific property.
MP - lot size differences - appearance of penalizing larger lot owners vs smaller lot owners
RG - based on customer class as a whole ag users do have a larger peak during the summer months.
MP - assertion that ag is causing major draws in peak time but the major users use in off peak times.
MS - ag has a broader definition.
MP is ag considered on combustables?
CD - designation is not multi-family does not know but can be explored
MP - are the flower fields ag or irrigation?
MS - submit a letter to address hardship concerns- ordinance address requirement to have District consider their request. District to take into consideration.
MP - describe the appeal process - adopt a rate structure and flower fields/strawberry fields what appeal process will they have under current policy.
Helga - )addressing reserve) current balance between 5-10% Option 1 adding 1-2 million to reserve up to 15% - subsequent increases will still be needed dependent on rate increases. Option 2 - increase reserve could be up to $500,000 be 10 and 15%.
MS - sit down with consultant to review and understand the impact on the span of tiers. No answer tonight to work on this. Majority of the costs are associated with purchase costs. Other costs are also uncontrolable such as energy costs and have to be passed on.
KB - flower fields/strawberry fields - is this workable even if we adopt option 1 or 2?
MS - said that city does have a hardship variance in the ordinance, submit request to water district to be considered.
KB - allowances for hardshipo - do we have?
KB - 40% reserve - what are we at now and if we adopted option 1 or 2 how long will this take.
MS - stated that the ordinance has to be at level 3 to issue a moratorium. Consistent with County policy.
KB - addresses concern about a building moratorium rather than cutting back on water usage.
City Manager Lisa stated that numerous calls were received, however, the protest needed to be in writing.
Vote - 4-1 Hall
MP - 2009-165 - move for adoption - mptk - second
water rates vote - 2 no lewis blackburn
MPTK - ag/recycled rates to be at current levels.
RB - increase or roll back at a future public meeting
MP - leave ag/recycled rates at current
RB - rates can be adjusted at any time during a public meeting
MP - set rate at option 2 rate confusing
RB - directors decision to leave the ag/recycled rate at current level subsequent to staff returns to Council
MP - asked if MPTK to amend motion
Option 2 - return documents to include ab 2882 and staff to return to ag proposal
ML - option 1
MPTK - Option 2 - see commitee formed - staff return with ag proposal
MP - option 2, ag suggest interim be same as irrigation but supports holding rate until staff returns
KB - option 1, support flower field/strawberry fields support
MH - option 2 - surate - no - ag before aug deadline
LH - commit to bring something back in July
MH - what happens if we dont return before the rates increase
MH - it should be ag/recycled that should be looked at.
LH - adopt rate structure tonight and return with ag rate structure before they go into effect
Helga - ag class would be doable
LH - clarified the ag class
Helga - time required by utility staff to ensure rate structure billing works property would like a month to test billing.
MH - rates do not go into effect August 1 - return with this usse before the effective date and return with options.
RB - advice to continue to protest hearing and return with recommendation to adjust rates if board is interesetd in a certain class of users.
MP ag reate be set as the irrigation rate until staff has time to return.l
RB - stated all members have to be treated legally. Cannot do more than law allows for the tiered system. If board does adopt resolution to amend a reference to Ab 2828 to and come back to suggest within the law to allow agriculture to be treated differently and or subsidize certain operators in a lawful manner.
MP - are we suggesting that the strawberry/flower fields be treated differntly.
ML - would prefer to have staff review and work out the numbers.
KB - adopt option one that the strawberry/flower fields are subsidized by funds going into reserve and split the difference between what they're paying now and what the increase would be.
ML - would also like to review an ag committee
ML asked for staff to return or take something out of the contingency to augment this. Last election spoke very loudly on this issue. Program to sustain the farmers.
MP - asked ML for clarification on strawberry/flower fields
Meeting Paused
Meeting Resumed
HOUSING AND REDEVELOPMENT COMMISSION
JOINT SPECIAL MEETING AGENDA
JUNE 23, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
PUBLIC HEARING:
16. AB #19,871 - REVISIONS TO VILLAGE MASTER PLAN AND DESIGN MANUAL, MUNICIPAL CODE SECTIONS AND COUNCIL POLICY NO. 65. To consider adopting LCPA 95-10(aX1) approving revisions to the Village Redevelopment Master Plan and Design Manual Local Coastal Program to address the expiration of the Village Redevelopment Plan and the related environmental determination; and, To consider amending Chapters 21.35, 21.41, and 21.81, of the Carlsbad Municipal Code to incorporate changes related to the expiration of the Village Redevelopment Plan; and, To consider amending Chapter 2.24 and repealing Chapter 2.26 of the Carlsbad Municipal Code to dissolve the Design Review Board and transfer the Board's duties to the Planning Commission; and, To consider adopting GPA 09-03 approving minor text revisions related to the expiration of the Village Redevelopment Plan; and, To consider approving revisions to City Council Policy No. 65 to reflect the expiration of the Village Redevelopment Plan. Housing & Redevelopment Commission Resolution No. 470 City Council Resolution Nos. 2009-158, 2009-159, 2009-160, 2009-161 and 2009-162 Introduction of Ordinance Nos. CS-37, CS-38, CS-39 and CS-40 COMMISSION ACTION:
AB #19,871
Debbie Fountain, Housing and Redevelopment Director gave the staff report and Power Point Presentation (on file in the Office of the City Clerk).
DF - Redevelopment Plan expires on 7/21/09.
DF - reviewed the successes of the redevelopment area.
DF - success for 28 years and effect enough change to not have blighting areas in the Village.
DF - rate of vacancy in Redevelopment area is at 5-7%. Substantial increase in property tax and tax values.
DF - consistently receives high marks in surveys.
DF - Seamless Transition - (get this list) (check with Karen to see if she wants it in the min.
DF - incorporating the redevelopment plan borders into the Village Master Plan.
DF - highlighted and reviewed the actions that Council and the Housing and Redevelopment Commission would be acting one.
October 28 celebration of redevelopment area
DF - 10 year window to implement more project and programs in redevelopment area.
ML - asked Council to consider sunset the DRB in 12 months.
MMayor Lewis opened the duly noticed public hearing (:25H - Mayor Lewis closed thepublic hearing 9
Ron Ball titled the Ordinances.
Motion to approve 16. AB #19,871 - REVISIONS TO VILLAGE MASTER PLAN AND DESIGN MANUAL, MUNICIPAL CODE SECTIONS AND COUNCIL POLICY NO. 65. To consider adopting LCPA 95-10(aX1) approving revisions to the Village Redevelopment Master Plan and Design Manual Local Coastal Program to address the expiration of the Village Redevelopment Plan and the related environmental determination; and, To consider amending Chapters 21.35, 21.41, and 21.81, of the Carlsbad Municipal Code to incorporate changes related to the expiration of the Village Redevelopment Plan; and, To consider amending Chapter 2.24 and repealing Chapter 2.26 of the Carlsbad Municipal Code to dissolve the Design Review Board and transfer the Board's duties to the Planning Commission; and, To consider adopting GPA 09-03 approving minor text revisions related to the expiration of the Village Redevelopment Plan; and, To consider approving revisions to City Council Policy No. 65 to reflect the expiration of the Village Redevelopment Plan. Housing & Redevelopment Commission Resolution No. 470 City Council Resolution Nos. 2009-158, 2009-159, 2009-160, 2009-161 and 2009-162 Introduction of Ordinance Nos. CS-37, CS-38, CS-39 and CS-40 COMMISSION ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
ML - voted no on CS -040
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
SPECIAL MEETING AGENDA
JUNE 23, 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 03:25:40)
Minutes of the Joint Special Meeting held May 12, 2009.
Minutes of the Special Meeting held June 2, 2009.
PUBLIC HEARING:
17. AB #416 - APPROVAL OF LEASE AGREEMENT. To consider approving the Lease Agreement with New Village Arts Theatre for the use of agency owned property located at 2787-A State Street. Resolution No. 471. ACTION:
AB #416
DF gave the presentation on this item.
ML - opened the duly noticed public hearing at 9:31 and closed the ph
Motion to approve 17. AB #416 - APPROVAL OF LEASE AGREEMENT. To consider approving the Lease Agreement with New Village Arts Theatre for the use of agency owned property located at 2787-A State Street. Resolution No. 471. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 17. AB #416 - APPROVAL OF LEASE AGREEMENT. To consider approving the Lease Agreement with New Village Arts Theatre for the use of agency owned property located at 2787-A State Street. Resolution No. 471. ACTION: (Approved) (Recorded at 03:28:11)
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
Motion to approve ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND PUBLIC FINANCING AUTHORITY Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND PUBLIC FINANCING AUTHORITY (Approved) (Recorded at 03:28:47)
CITY OF CARLSBAD
CITY COUNCIL
AND
PUBLIC FINANCING AUTHORITY
JOINT SPECIAL MEETING AGENDA
JUNE 23, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held April 7, 2009.
Minutes of the Joint Special Meeting held May 5, 2009.
Minutes of the Joint Special Meeting held June 9, 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.
18. AB #19,872 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the Settlement Agreement with Goship Air LLC, Jaxair LLC, et. al. ACTION:
AB #19,872
Motion to approve 18. AB #19,872 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the Settlement Agreement with Goship Air LLC, Jaxair LLC, et. al. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 18. AB #19,872 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the Settlement Agreement with Goship Air LLC, Jaxair LLC, et. al. ACTION: (Approved) (Recorded at 03:29:31)
continue planning commission item
Assistant City Clerk Karen Kundtz announced:
adjourn: 9:37
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORT:
19. AB #19,873 - PLANNING COMMISSION APPOINTMENT. To consider appointing one member to the Planning Commission. Resolution No. 2009-163. ACTION:
AB #19,873
PUBLIC COMMENT: Continuation of the Public Comments (if necessary) The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
Jun 23, 2009 City Council, Carlsbad Municipal Water District Board, Housing and Redevelopment Commission and Carlsbad Public Financing Authority Board Meeting
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CALL TO ORDER: 6:00 P.M.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:01:08)
Get settlement agreement announcement from closed session.
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Joint Special Meeting held May 12, 2009.
Minutes of the Special Meeting held June 2, 2009.
Minutes of the Joint Special Meeting held June 2, 2009
Motion to approve Minutes of the Joint Special Meeting held June 2, 2009 Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve Minutes of the Joint Special Meeting held June 2, 2009 (Approved) (Recorded at 00:06:18)
Mayor stated Council will pull Council item #1
Mayor Pro Tem Kulchin introduced Heather Pizzuto, Library Director to provide an explanation of the presentation/donation.
Minutes of the Regular Meeting held June 2, 2009.
Motion to approve Minutes of the Regular Meeting held June 2, 2009. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve Minutes of the Regular Meeting held June 2, 2009. (Approved) (Recorded at 00:02:22)
PRESENTATION:
Proclamation Presentation in Recognition of Mira Costa Community College 75th Anniversary and New President Dr. Francisco Rodriguez.
Mayor Pro Tem Kulchin introduced Gloria Carranza (on the board) who explained the role MiraCosta College plays in the community. Ms. Carranza presented Dr. Francisco Rodriguez.
Mayor Pro Tem Kulchin read a proclamation recognizing MiraCosta College's 75th anniversary in the community.
Dr. Rodriguez thanked Council for the proclamation and stated it was a pleasure to serve the residents of Carlsbad and are proud to be a member of the community.
Mayor Lewis stated that Consent Item #1 was being pulled for discussion.
Library and Arts Foundation's President Becky Moore provided an explanation of the Foundation's campaign to raise funds for the Learning Center.
Becky Moore introduced Foundation Vice President Gina McBride to present the $50,000 donation to City Council.
Ms. McBride explained there were naming opportunities available for various rooms in the Learning Center.
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 00:16:38)
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 #19,860 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation as partial reimbursement for the costs of the Library Learning Center. Resolution No. 2009-148. ACTION:
AB #19,860
2. AB #19,861 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Lions Club for the purpose of providing materials for the visually and hearing impaired, and appropriating funds. Resolution No. 2009-149. ACTION:
AB #19,861
3. AB #19,862 - ACCEPTANCE OF DONATIONS. Accepting individual cash donations and in-kind donations in support of the 2009 Carlsbad Loves Kids special event, and appropriating funds. Resolution No. 2009-150. ACTION:
AB #19,862
4. AB #19,863 - ACCEPTANCE OF DONATION. Accepting a donation to the Parks Memorial Bench/Tree Program from Ms. Raheela Bokhari for a memorial bench, and appropriating funds. Resolution No. 2009-151. ACTION:
AB #19,863
5. AB #19,864 - APPROVE ANNUAL CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT REPORT. Approving the Annual Report of the CTBID, and continuing the programs and assessments for Fiscal Year 2009-10. Resolution No. 2009-152. ACTION:
AB #19,864
6. AB #19,865 - AUTHORIZE GRANT APPLICATION. Authorizing the Public Works Director to submit an application to the California Integrated Waste Management Board for the Used Oil Grant Program Cycle 15. Resolution No. 2009-153. ACTION:
AB #19,865
7. AB #19,866 - APPROVE AGREEMENT AND PARTIAL REFUND OF PREPAYMENT FEES. Approving the form of the Refund Agreement and authorizing a partial refund of prepayment fees paid for the Rancho Santa Fe Road Project improvements, subject to completion and submittal of the Refund Agreement by applicable property owners. Resolution No. 2009-154. ACTION:
AB #19,866
8. AB #19,867 - SETTLEMENT OF CLAIM. Authorizing the settlement of the Workers' Compensation claim of Mark Widdoss. Resolution No. 2009-155. ACTION:
AB #19,867
9. AB #19,868 - REPORT ON CITY INVESTMENTS. Accepting the report from the City Treasurer on the status of city investments as of May 31, 2009. ACTION:
AB #19,868
10. AB #19,874 - APPROVE AMENDMENT NO. 11 TO AGREEMENT FOR ALGA NORTE COMMUNITY PARK. Approving Amendment No. 11 to the Agreement with Wimmer, Yamada and Caughey for Alga Norte Community Park, Project Nos. 3837 and 3925. Resolution No. 2009-164. ACTION:
AB #19,874
11. AB #19,869 - REQUEST FOR FINDING REGARDING MAINTENANCE AND SERVICE AGREEMENTS. Finding that, in accordance with CMC Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the maintenance and service agreements for Tree Trimming and Traffic Signal Maintenance, and providing that the determination be included in the Notices Inviting Bids due to potential cost savings. Resolution No. 2009-156. ACTION:
AB #19,869
12. AB #19,870 - FINAL MAP FOR ROBERTSON RANCH PA 21. Approving the Final Map for Robertson Ranch PA 21, and authorizing the Final Map to be recorded, CT 06-25. Resolution No. 2009-157. ACTION:
AB #19,870
13. AB#19,876 - AUTHORIZE CITY ATTORNEY TO CHALLENGE CONSTITUTIONALITY OF ANY SEIZURE OF CITY STREET MAINTENANCE FUNDS BY THE STATE OF CALIFORNIA. Authorizing the City Attorney to join with the League of California Cities and other cities and counties challenging the constitutionality of any seizure by the State of the City's Street Maintenance Funds. Resolution No. 2009-166. ACTION:
AB #19,876
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.
Kelly Wyatt came forward to address Council. Ms. Wyatt spoke to Council about street art vending. She stated she felt every municipality should have regulations to allow street vending.
Ms. Wyatt stated she was interested in helping the City create a street vending license for artists a system for artists to sell in the streets without hampering local businesses.
Vivak Chowla came forward to address Council. 2710 Abedul Street. Free community health fair 6/27 7 am to 11 am at Scripps Hospital Encinitas. Scripps glucose, body fat and cholesteral screening at this facility. Local health vendors and health experts will be on hand to answer questions and provide assistance.
Anyone planning to attend for the glucose/cholesteral screening need to fast 12 hours before the test.
Mayor Lewis asked and Council regarding the street vendor.
Council Member Hall and Mayor Pro Tem Kulchin asked for staff review of the request.
City Manager Lisa Hildabrand stated that staff would review this request and report back to Council.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT
Adjournment to CMWD only
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
JUNE 23, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
PUBLIC HEARING:
iTEM # 15 pulled out of order
15. AB #686 - WATER METER REPLACEMENT PROGRAM. Approving the Water Meter Replacement Program and appropriating funds for Fiscal Year 2009-10. Resolution No. 1361. ACTION:
AB #686
Cari Dale gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
Water Meter Division known as the cash register division of the Water Department.
Meters get old, become less accurate in the usage of water.
Consultant explained the current way of reading water meters.
Consultant then explained the automated way of meter reading to Council.
Consultant then explained the advantages of automated water meter reading.
Cari explained how automated meter reading could enhance revenues to the city.
Cari also explained that AMR would decrease Greenhouse gases.
Consultant explained how employee safety would also be increased with AMR.
Consultant also explained that agencies that use AMR become eligible for grant funding from the Bureau of Reclamation.
Consultant explained that AMR will assist with water conservation issues. AMR also solves accesibility issues (i.e. gated communities, ).
Consultant stated that a pilot program was tested on 24 agricultural customers that was succesful and assisted the customers with cutting their consumption of water. It also helped detect a leak one of the customer's had and helped saved the customer penalties and money.
Cari listed agencies that are currently using the AMR program.
Cari gave Council options to funding the AMR program. Option 1 - fund AMR Program - Option 2 - fund manual program - Option 3 - not fund meter replacement program
Cari stated that the meter replacement program has been under funded for the past five years. 15% of the meters in the city would be replaced yearly.
MPTK - asked about grant funding of $1.3 million how does it look about Carlsbad securing this type of grant.
Consultant responded that it did look good with the implementation of the AMR program.
MPT Kulchin, would be more probably of receiving the grant with the AMR.
Cari responded that the grant is a matching grant.
CM Packard stated the cost is $833 with a matching grant of $1.3 million.
CM Packard stated year 1 is $833 what is cost of additional years
Get Cari's response.
Helga stated that next year's $833 will be on top of what is already in the budget for next year. As time goes on it allows a reduction of staff. As time goes on its will provide a decrease in dollars that will be needed because staffing levels will decrease.
MH - asked how much does a community like to use in a perfect world?
CD responded that3 or 4% 1st yearor a 5% loss. CD responded that this year water lost through the system has gotten worse.
MH - in water industry throughut all commnities what is target for loss.
CD - 6% or less is very good.
MH asked what the percentage loss amounted to iin revenu.
Get Cari's response.
KB - with new AMR what do expect loss to be
CD - estimates are down to 1% with leak detection equipment and customer service component.
MP - losing about $15,000 per year through bad meters and now $1.2 million per year loss.
CD - lower number is based on meters that are stuck and not low.
ML - though he would support #1 , MWA increase the rates 21% next year, increase of buying water from the farmers, actually savings element the math $833, the difference will actually be occurring for about 15 years and the cost of saving water that Option #1 be best solution on Mayor's mind.
Helga fiscal year 09-10 operating budget is that included funding for meter reading replacement program. Increase is $6.7 million increase (slide shows breakout) the bulk of the costs is for water that is purchased.
MH - 26% that is of the increases that is Carlsbad's share there are 2 pieces one equal 10% and the leak detection $2 %.
Helga - option 1 is with both parts of the package.
MP - asked about the longevity of the meters concerned about the mindset to replce meters on a scheduled as opposed to when there is a problem. Schedule commands the city spending $850,000 in perpetuity this way.
MH asked to see the number and how they changed in the past day.
Motion to approve 15. AB #686 - WATER METER REPLACEMENT PROGRAM. Approving the Water Meter Replacement Program and appropriating funds for Fiscal Year 2009-10. Resolution No. 1361. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 15. AB #686 - WATER METER REPLACEMENT PROGRAM. Approving the Water Meter Replacement Program and appropriating funds for Fiscal Year 2009-10. Resolution No. 1361. ACTION: (Approved) (Recorded at 01:02:00)
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 01:02:28)
Minutes of the Joint Special Meeting held June 2, 2009.
Minuets of the Special Meeting held June 2, 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.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD
CITY COUNCIL
AND
14. AB #19,875 - PROPOSED WATER AND SEWER RATE INCREASES. To consider approving increases for water and sewer rates for properties within the Carlsbad Municipal Water District and the City of Carlsbad. City Council Resolution No. 2009-165. CMWD Resolution No. 1360. COUNCIL ACTION:
AB #19,875
Helga Stover and Robb Grantham, representing FCS Group gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
Helga addressed the increase of wholesale cost of water.
Hired consultant in 2008 to provide cost of service study and water rate structure.
Mr. Grantham explained the objectives of rate design for the city.
Mr. Grantham reviewed issues to be considered when developing drought water rate pricing.
Mr. Grantham reviewed the development process for the rates.
Mr. Grantham reviewed the public outreach process - workshop that was held.
Mr. Grantham explained the tiered water rate structure for Carlsbad residents. He said that this type of structure does not work for commercial users, which would be receiving a flat rate charge.
Base costs water using throughout the course of the year. Peak costs is water being used during the irrigation times of the year.
Mr. Grantham addressed single family residential use. The first conservation tier at 12 units how it correlates to usage curve. 50% of the bills that go out to Carlsbad residents are 12 units or less.
Recommendation to approve these rates to correlate to Drought Level 2.
Recycled Water has been monitored and its usage has increased significantly. by the end of the following fiscal year the acre feet will also increase in usage. Can recommend a lower cost per unit rate because of the usage.
Helga addressed the agricultural rate. Option1 - recommended option - amount required to fund operating costs and fund the reserve. The board's reserve policy is to fund the reserve for about 44% as opposed to 15%
Carlsbad ratepayers have been conserving at about 5% this past year. If conservation continues, rates could be reduced, but caution was issued because of the reserve.
Wastewater Sewer Increase is 9% which would added funding to the reserve and provide a balanced budget.
Helga reviewed how the city conserves water. She also reviewed Assembly Bill 3030 that was adopted in September 2008. She also reviewed the calendar.
water fund would loose $800,000-$900,000 per month - $7500 for sewer if not funded.
Helga also addressed several protest letters received.
Mayor Lewis take a 5 minute break. 7:25
cutoff system to icrease for tier 2, assign knowledgabel staff to act as ambassadors to adivse residents to conserve water.
Mayor Lewis opened the duly noticed public hearing.
Mercedes Martin of Carlsbad came forward to address Council. Ms. Martin stated she sent Council a protest letter. She stated she was protesting the tier levels. She felt that tier level 2 should be expanded before tier level 3 kicks in.
MPTK - assigning ambassadors - do this already just call.
Mayor Lewis clarified that large lots should receive the break.
Ms. Martin stated that larger lots of homeowners have not been taken into consideration. She stated she already conserves water. She said if they fell into the first tier, everything would die and create a fire hazard.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD .
MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
JUNE 23, 2009
6:00 P.M
CALL TO ORDER:
ROLL CALL:
Meeting Paused
Mayor Lewis reconvened the Council Meeting with five members present
Meeting Resumed
Dale Kubacki of Carlsbad came forward to address Council. Mr. Kubacki feels the rate is too high. Stated the flyer that was mailed was very confusing.
Mr. Grantham stated that 11.9 last year, pass through was 12. something, this year pass through was get #
Mayor Lewis asked staff to address the CWA increase.
Mr. Packard asked about the meter size.
Mr. Kuback strongly urged Council review imposed water rates. SDCWA only put in an 11% water rate increase and would like to know why there is such a difference.
Mr. Kuback said he did not understand the difference in the delivery charges and increases..
Mr. Kubacki addressed delivery charges which he says do not depend on how much water you use. He ended up paying more because of the size of meter that was installed in his house.
Mr. Kubacki the conservation rate for under 7 units of water was $1.91 - the new proposed rates ignore this and the starting rate begins at $2.69.
Rick Lance of Carlsbad came forward to address Carlsbad. Spoke in oposition of water rate increase. Stated he is a strong conservationist. Is against the tiered rate. Tiered rate a large parcel owner is penalized for trying to maintain landscape property what are we being charged more for water and services if there is a limited supply while the city is still selling water permits Feels it would be more prudent to stop this practice..
Mayor Lewis asked to see a copy of the report that is provided to Bob.
Helga reviewed the tiered structure under Option 2.
Mayor Lewis stated that in the past the teacher did live in the residences as part of their salaries.
Mr. Wojick stated that he is reviewing the history of the residences.
ML asked about the single family residences and if they are occupied.
Mayor Lewis asked about the comparison of high school to the academy.
Bob Wojick Hofman, Planning Engineering representing the Army Navy Academy came forward to address Council. Academy is opposed to the sewer rate increase. Mr. Wojick discovered a serious overcharge of sewer rate to the Academy. The Academy is being charged for a boarding school is approximately 5 times the rate as a high school. Sewer rates for a boarding school, multi-family residents, class 5 multi family bldg and five single family residences. If any rate charges are approved not be assesed to the academy until this is resolved.
Mr. Kate sated that moving toward allocation baseline will have an affect on a yearround basis, supported by the busineses in the community.
Mr. Kate stated the water usage was based on sanitary usage only. Believes difficulties will arise with the current water rate structure. Could cause problems with development of budget in future years.
Mayor Lewis again asked for clarification regarding large lot and use 4 times as much as my neighbor, but hte neighbor would get the same as himself.
Mr. Kate stated that it has taken several years.
Mr. Kate stated there were assumptions in the home and over a period of time put the onus on the residents to advise of any changes.
Chris Kate of Carlsbad came foward to address council. Upset with Assembly Bill 2882 referenced in the staff report.
MP does the city survey how many people are in the home?
Bob Wojick stated that high school is charged .80 per student per month, while the academy is being charged $4 per student per month.
Mr. Wojick stated that he felt that there is an overcharge of the residences because they are not occupied.
The increased water on Mr. Eaton's bill alone will run about another $100 per month that the City wants in excess fee. Mr. Eaton stated he has conserved at 10%. Mr. Eaton provided the Olivenhain Municipal Water District as an example. Suggestions: notation added to water bill that states the amount of water used in a particular month previous year, and project useage for the next/current month. Local paper states no penalty will occur if we reduce our consumption.
Mr. Hall asked for clarification.
Mr. Kate responded with sanitary usage yes, but anything above that would be a tiered rate structure that was discretionary use. This is what the AB was intended for.
Mayor Lewis asked for clarification regarding example of a 1 acres lot with one residence.
James Eaton of Carlsbad came forward to address Council. Mr. Eaton thanked Carlsbad for going forward on the desalination plant. He felt that taxpayers should only pay the increase passed onto the city and not more. He was in opposition to the tiered structure. He said that many of the larger lot owners are in old Carlsbad and are retired and living on fixed incomes. Mr. Eaton stated his lot size was 17,000 that contains a 50 row easement. He added that he conserves water and has recently landscaped with drought tolerant plants. Everylot owner that is a large lot owner will see their bill increase about 100%. 18% is the average over the city as a whole.
Mayor Lewis asked Mr. Kate asked if he felt the intent was that larger lots should be able to use more water than smaller lots.
Mr. Ball stated that Council should deal with the protest of the rate increase.
Mayor Lewis closed the duly noticed pulbic hearing at 8:24 pm.
Chris Calking stated paying 100% more for reclaimed water. Does not understand policy District is following, and cannot lose part of crop, pay twice as much. Does not make agriculture sustainable. Peak issue that the area in the city which the voters want to keep agriculture happen to have non-peak usage. The peak areas are other areas. no one else in the city is required to use water, Flower Fields is required by City's CUP to plant and grow and cannot stop without giving the city five years notice. Being charged the multi-family tier. Costs will be about $100,00 additional per year. Asking to adopt policy to that reflect the the obligations required by the city.
ML - asked if MM will approach Poseidon because at times there might be a surplus.
MP - asked for clarification on wether MM is under irrigation/agriculture rate.
MM responded that use the reclaimed water but has issues with the salt in the water but does use it with potable water.
KB asked if recycled water is used on the flower fields.
Mike Mellano grower Flower Fields. Acutely aware of water costs and conservation. Working diligently to alleviate concerns and issues relating to water conservation. Do not use peak water. Main useage is November, Dec, March. Questions the way the agriculture rate structure as presented. New rate structure does not allow agriculture to be sustainable. Current rate structure is confusing and opted to get out of IWPA water. Citizenry of Carlsbad has stated that they want agriculture to continue in Carlsbad. Total consumption of water by agriculture is not tht much. REcommend water rates remain where they are until a handle is obtained and roll back reclaimd water rates to previous ones.
Peter Mackoff representing Carlsbad Strawberry Fields, came forward to address Council. During 2008 reduced water usage by 44%. Also incurred reduction of yield. Drawing 3/4 water in off peak times of the year. About 10% of the production costs is spent on water. Cannot sustain this increase to continue growing. Consider adopting and interim price stucutre that represents the 21% pass through. Create an agriculture sustaining committee that can review bring forward rate structure to assist growers in Carlsbad. Put a hold on any disbursement from ag mitigation fund until it is know where or not the business is viaible.
ML - review farming community.
ML - Marbella lawsuit wiped out reserve in water. Reserve is important.
ML - addressed the promise to the citizens about the flower fields.
MPTK - addressed Mr. Wojick's concerns about the Army Navy Academy
MPTK - suggested that District consider establishing a committee
MS - did not - spoke to residents, spoke to businesses, did not address specific class
MPTK - asked if a sustainable ag committee has been addressed
MH - clarified different rate users.
MS - clarified ordinance related to hardships - related to water conservation/impacts program not in the context of rates.
RG - through process reviewed different rate structures. Referred to Irvine Ranch. Did not use this process is due to the added administrative costs reviewing different variances. Lot size - looked at overall customer class, peak demand and noted that most of customers were using 12 cc or less not wanting to give variance on specific property.
MP - lot size differences - appearance of penalizing larger lot owners vs smaller lot owners
RG - based on customer class as a whole ag users do have a larger peak during the summer months.
MP - assertion that ag is causing major draws in peak time but the major users use in off peak times.
MS - ag has a broader definition.
MP is ag considered on combustables?
CD - designation is not multi-family does not know but can be explored
MP - are the flower fields ag or irrigation?
MS - submit a letter to address hardship concerns- ordinance address requirement to have District consider their request. District to take into consideration.
MP - describe the appeal process - adopt a rate structure and flower fields/strawberry fields what appeal process will they have under current policy.
Helga - )addressing reserve) current balance between 5-10% Option 1 adding 1-2 million to reserve up to 15% - subsequent increases will still be needed dependent on rate increases. Option 2 - increase reserve could be up to $500,000 be 10 and 15%.
MS - sit down with consultant to review and understand the impact on the span of tiers. No answer tonight to work on this. Majority of the costs are associated with purchase costs. Other costs are also uncontrolable such as energy costs and have to be passed on.
KB - flower fields/strawberry fields - is this workable even if we adopt option 1 or 2?
MS - said that city does have a hardship variance in the ordinance, submit request to water district to be considered.
KB - allowances for hardshipo - do we have?
KB - 40% reserve - what are we at now and if we adopted option 1 or 2 how long will this take.
MS - stated that the ordinance has to be at level 3 to issue a moratorium. Consistent with County policy.
KB - addresses concern about a building moratorium rather than cutting back on water usage.
City Manager Lisa stated that numerous calls were received, however, the protest needed to be in writing.
Vote - 4-1 Hall
MP - 2009-165 - move for adoption - mptk - second
water rates vote - 2 no lewis blackburn
MPTK - ag/recycled rates to be at current levels.
RB - increase or roll back at a future public meeting
MP - leave ag/recycled rates at current
RB - rates can be adjusted at any time during a public meeting
MP - set rate at option 2 rate confusing
RB - directors decision to leave the ag/recycled rate at current level subsequent to staff returns to Council
MP - asked if MPTK to amend motion
Option 2 - return documents to include ab 2882 and staff to return to ag proposal
ML - option 1
MPTK - Option 2 - see commitee formed - staff return with ag proposal
MP - option 2, ag suggest interim be same as irrigation but supports holding rate until staff returns
KB - option 1, support flower field/strawberry fields support
MH - option 2 - surate - no - ag before aug deadline
LH - commit to bring something back in July
MH - what happens if we dont return before the rates increase
MH - it should be ag/recycled that should be looked at.
LH - adopt rate structure tonight and return with ag rate structure before they go into effect
Helga - ag class would be doable
LH - clarified the ag class
Helga - time required by utility staff to ensure rate structure billing works property would like a month to test billing.
MH - rates do not go into effect August 1 - return with this usse before the effective date and return with options.
RB - advice to continue to protest hearing and return with recommendation to adjust rates if board is interesetd in a certain class of users.
MP ag reate be set as the irrigation rate until staff has time to return.l
RB - stated all members have to be treated legally. Cannot do more than law allows for the tiered system. If board does adopt resolution to amend a reference to Ab 2828 to and come back to suggest within the law to allow agriculture to be treated differently and or subsidize certain operators in a lawful manner.
MP - are we suggesting that the strawberry/flower fields be treated differntly.
ML - would prefer to have staff review and work out the numbers.
KB - adopt option one that the strawberry/flower fields are subsidized by funds going into reserve and split the difference between what they're paying now and what the increase would be.
ML - would also like to review an ag committee
ML asked for staff to return or take something out of the contingency to augment this. Last election spoke very loudly on this issue. Program to sustain the farmers.
MP - asked ML for clarification on strawberry/flower fields
Meeting Paused
Meeting Resumed
HOUSING AND REDEVELOPMENT COMMISSION
JOINT SPECIAL MEETING AGENDA
JUNE 23, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
PUBLIC HEARING:
16. AB #19,871 - REVISIONS TO VILLAGE MASTER PLAN AND DESIGN MANUAL, MUNICIPAL CODE SECTIONS AND COUNCIL POLICY NO. 65. To consider adopting LCPA 95-10(aX1) approving revisions to the Village Redevelopment Master Plan and Design Manual Local Coastal Program to address the expiration of the Village Redevelopment Plan and the related environmental determination; and, To consider amending Chapters 21.35, 21.41, and 21.81, of the Carlsbad Municipal Code to incorporate changes related to the expiration of the Village Redevelopment Plan; and, To consider amending Chapter 2.24 and repealing Chapter 2.26 of the Carlsbad Municipal Code to dissolve the Design Review Board and transfer the Board's duties to the Planning Commission; and, To consider adopting GPA 09-03 approving minor text revisions related to the expiration of the Village Redevelopment Plan; and, To consider approving revisions to City Council Policy No. 65 to reflect the expiration of the Village Redevelopment Plan. Housing & Redevelopment Commission Resolution No. 470 City Council Resolution Nos. 2009-158, 2009-159, 2009-160, 2009-161 and 2009-162 Introduction of Ordinance Nos. CS-37, CS-38, CS-39 and CS-40 COMMISSION ACTION:
AB #19,871
Debbie Fountain, Housing and Redevelopment Director gave the staff report and Power Point Presentation (on file in the Office of the City Clerk).
DF - Redevelopment Plan expires on 7/21/09.
DF - reviewed the successes of the redevelopment area.
DF - success for 28 years and effect enough change to not have blighting areas in the Village.
DF - rate of vacancy in Redevelopment area is at 5-7%. Substantial increase in property tax and tax values.
DF - consistently receives high marks in surveys.
DF - Seamless Transition - (get this list) (check with Karen to see if she wants it in the min.
DF - incorporating the redevelopment plan borders into the Village Master Plan.
DF - highlighted and reviewed the actions that Council and the Housing and Redevelopment Commission would be acting one.
October 28 celebration of redevelopment area
DF - 10 year window to implement more project and programs in redevelopment area.
ML - asked Council to consider sunset the DRB in 12 months.
MMayor Lewis opened the duly noticed public hearing (:25H - Mayor Lewis closed thepublic hearing 9
Ron Ball titled the Ordinances.
Motion to approve 16. AB #19,871 - REVISIONS TO VILLAGE MASTER PLAN AND DESIGN MANUAL, MUNICIPAL CODE SECTIONS AND COUNCIL POLICY NO. 65. To consider adopting LCPA 95-10(aX1) approving revisions to the Village Redevelopment Master Plan and Design Manual Local Coastal Program to address the expiration of the Village Redevelopment Plan and the related environmental determination; and, To consider amending Chapters 21.35, 21.41, and 21.81, of the Carlsbad Municipal Code to incorporate changes related to the expiration of the Village Redevelopment Plan; and, To consider amending Chapter 2.24 and repealing Chapter 2.26 of the Carlsbad Municipal Code to dissolve the Design Review Board and transfer the Board's duties to the Planning Commission; and, To consider adopting GPA 09-03 approving minor text revisions related to the expiration of the Village Redevelopment Plan; and, To consider approving revisions to City Council Policy No. 65 to reflect the expiration of the Village Redevelopment Plan. Housing & Redevelopment Commission Resolution No. 470 City Council Resolution Nos. 2009-158, 2009-159, 2009-160, 2009-161 and 2009-162 Introduction of Ordinance Nos. CS-37, CS-38, CS-39 and CS-40 COMMISSION ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
ML - voted no on CS -040
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
SPECIAL MEETING AGENDA
JUNE 23, 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 03:25:40)
Minutes of the Joint Special Meeting held May 12, 2009.
Minutes of the Special Meeting held June 2, 2009.
PUBLIC HEARING:
17. AB #416 - APPROVAL OF LEASE AGREEMENT. To consider approving the Lease Agreement with New Village Arts Theatre for the use of agency owned property located at 2787-A State Street. Resolution No. 471. ACTION:
AB #416
DF gave the presentation on this item.
ML - opened the duly noticed public hearing at 9:31 and closed the ph
Motion to approve 17. AB #416 - APPROVAL OF LEASE AGREEMENT. To consider approving the Lease Agreement with New Village Arts Theatre for the use of agency owned property located at 2787-A State Street. Resolution No. 471. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 17. AB #416 - APPROVAL OF LEASE AGREEMENT. To consider approving the Lease Agreement with New Village Arts Theatre for the use of agency owned property located at 2787-A State Street. Resolution No. 471. ACTION: (Approved) (Recorded at 03:28:11)
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
Motion to approve ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND PUBLIC FINANCING AUTHORITY Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND PUBLIC FINANCING AUTHORITY (Approved) (Recorded at 03:28:47)
CITY OF CARLSBAD
CITY COUNCIL
AND
PUBLIC FINANCING AUTHORITY
JOINT SPECIAL MEETING AGENDA
JUNE 23, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held April 7, 2009.
Minutes of the Joint Special Meeting held May 5, 2009.
Minutes of the Joint Special Meeting held June 9, 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.
18. AB #19,872 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the Settlement Agreement with Goship Air LLC, Jaxair LLC, et. al. ACTION:
AB #19,872
Motion to approve 18. AB #19,872 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the Settlement Agreement with Goship Air LLC, Jaxair LLC, et. al. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 18. AB #19,872 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the Settlement Agreement with Goship Air LLC, Jaxair LLC, et. al. ACTION: (Approved) (Recorded at 03:29:31)
continue planning commission item
Assistant City Clerk Karen Kundtz announced:
adjourn: 9:37
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORT:
19. AB #19,873 - PLANNING COMMISSION APPOINTMENT. To consider appointing one member to the Planning Commission. Resolution No. 2009-163. ACTION:
AB #19,873
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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