Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:03:18)
LEGISLATIVE INVOCATION:
Mayor Lewis gave the legislative invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard gave the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Special Meeting held September 16, 2009.
Motion to approve Minutes of the Special Meeting held September 16, 2009. Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve Minutes of the Special Meeting held September 16, 2009. (Approved) (Recorded at 00:04:51)
Minutes of the Special Meeting held October 6, 2009.
Minutes of the Regular Meeting held October 6, 2009.
Minutes of the Joint Special Meeting held October 6, 2009.
Minutes of the Special Meeting held October 13, 2009.
PRESENTATIONS:
Proclamation Presentation in Recognition of Domestic Violence Awareness Month.
Council Member Hall invited Lindsay Sampson representing the Womens' Resource Center and presented the proclamation to her.
Ms. Sampson thanked Council for recognizing Domestic Violence Awareness Month.
Proclamation Presentation to Fire Engineer Jeff Chumbley from the Burn Institute.
Fire Chief Kevin Crawford introduced Jim Burroughs, CEO of the Burn Institute.
Mr. Burroughs provided a brief explanation of what the burn institute is about. presented Jeff Chumley the burn institute's award.
Mr. Chumley thanked the Council for their recognization and his family. He also thanked his fellow fire department staff.
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:
Motion to approve WAIVER OF ORDINANCE TEXT READING: Moved by Mayor Pro Tem Kulchin, seconded by .
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,992 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Senior Citizens' Association in support of the Carlsbad Senior Center. Resolution No. 2009-249. ACTION:
19992
2. AB #19,993 - ACCEPTANCE OF IN-KIND DONATIONS. Accepting donations for in-kind products and services in support of the 2009 Snores & S'mores Safari Campout. Resolution No. 2009-250. ACTION:
19993
3. AB #19,994 - ACCEPTANCE OF IN-KIND DONATIONS. Accepting in-kind donations in support of the 2009 Dinner and a Movie Event at the Leo Carrillo Ranch Historic Park. Resolution No. 2009-251. ACTION:
19994
4. AB #19,995 - ACCEPTANCE OF DONATIONS. Accepting cash donations and in-kind donations of products and services in support of the 2009 Carlsbad Health and Wellness Expo and 28th Annual Triathlon; and, authorizing the appropriation of funds. Resolution No. 2009-252. ACTION:
19995
5. AB #19,996 - NOTICE OF COMPLETION. Accepting the construction of the FY 2008-09 Concrete Replacement Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6013. Resolution No. 2009-253. ACTION:
19996
6. AB #19,997 - NOTICE OF COMPLETION. Accepting the construction of the Leo Carrillo Ranch Barn Stabilization Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 39611. Resolution No. 2009-254. ACTION:
19997
7. AB #19,998 - NOTICE OF COMPLETION. Accepting the construction of public improvements for Robertson Ranch East as complete; and, directing the City Clerk to record a Notice of Completion, Project CT 02-16. Resolution No. 2009-255. ACTION:
19998
8. AB #19,999 - NOTICE OF COMPLETION. Accepting the construction of Melrose Drive as complete; and, directing the City Clerk to record Notices of Completion for CT 99-06 Palomar Forum - Melrose Drive (Forum), CT 98-10 Carlsbad Raceway - Melrose Drive/Forum, and CT 98-10 Carlsbad Raceway - Melrose Drive/Raceway. Resolution No. 2009-256. ACTION:
19999
9. AB #20,015 - ADVERTISE FOR BIDS. Approving the plans and specifications for a Wastewater Boundary Adjustment Agreement with Leucadia Wastewater District, approving a License Agreement with the Ponderosa Home Owners Association for the La Golondrina and El Fuerte Street Sewer Extensions; and, authorizing the City Clerk to advertise for bids, Project Nos. 3951 and 5500. Resolution No. 2009-267 ACTION:
20015
10. AB #20,000 - ADVERTISE FOR BIDS. Approving the plans and specifications for the reconstruction of the Encinas Creek Bridge; and, authorizing the City Clerk to advertise for bids, Project No. 3919. Resolution No. 2009-257. ACTION:
20000
11. AB #20,001 - APPROVE AGREEMENTS FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT. Approving an agreement with BRG Consulting, Inc. for the preparation of an environmental impact report, approving an agreement with West Senior Living R/E, LLC for payment of fees associated with the BRG Consulting Inc. agreement; and, authorizing the City Manager to execute said agreements for Dos Colinas, EIR 09-01. Resolution No. 2009-258. ACTION:
20001
12. AB #20,002 - AMENDMENTS TO CITY MANAGER AND CITY ATTORNEY EMPLOYMENT AGREEMENTS. Approving clarifications to the City Manager and City Attorney's employment agreements. Resolution No. 2009-259. ACTION:
20002
13. AB #20,003 - APPROVE CORRECTIONS TO THE AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING. Approving corrections to the Agricultural Conversion Mitigation Fee Grant funding amounts specified in Exhibit A of previously adopted City Council Resolution No. 2009-199. Resolution No. 2009-260. ACTION:
20003
14. AB #20,004 - SETTLEMENT OF CLAIM. Authorizing the expenditure of funds for the settlement of the Workers' Compensation claim of Damian Garcia. Resolution No. 2009-261. ACTION:
20004
15. AB #20,005 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for the replacement of the sewer main at 2402 Tamarack Avenue. Resolution No. 2009-262. ACTION:
20005
16. AB #20,006 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. To consider approving a Specific Plan Amendment (SP 207) and Local Coastal Program Amendment (LCPA 90-08(E)) to amend the Carlsbad Ranch Specific Plan and accept the California Coastal Commission's suggested modifications that require all Specific Plan Amendments be approved by the City Council and California Coastal Commission, for Legoland Inner Park. Introduction of Ordinance No. CS-066. ACTION:
Assistant City Attorney Jane Mobaldi titled the Ordinance
Motion to approve 16. AB #20,006 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. To consider approving a Specific Plan Amendment (SP 207) and Local Coastal Program Amendment (LCPA 90-08(E)) to amend the Carlsbad Ranch Specific Plan and accept the California Coastal Commission's suggested modifications that require all Specific Plan Amendments be approved by the City Council and California Coastal Commission, for Legoland Inner Park. Introduction of Ordinance No. CS-066. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 16. AB #20,006 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. To consider approving a Specific Plan Amendment (SP 207) and Local Coastal Program Amendment (LCPA 90-08(E)) to amend the Carlsbad Ranch Specific Plan and accept the California Coastal Commission's suggested modifications that require all Specific Plan Amendments be approved by the City Council and California Coastal Commission, for Legoland Inner Park. Introduction of Ordinance No. CS-066. ACTION: (Approved) (Recorded at 00:17:30)
20006
17. AB #20,007 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO A MORATORIUM ON POWER PLANTS IN THE COASTAL ZONE. To consider introducing and adopting Urgency Ordinance No. CS-067 prohibiting the expansion or location of thermal electric power generation facilities within the Coastal Zone pending studies and changes in the General Plan and Zoning Ordinances and other land use regulations; and,
Municipal Projects Manager Joe Garuba and Planning Director Don Neu gave the staff report and Power Point Presentation (on file in the Office of the City Clerk).
Mr. Garuba spoke about the specific plan, about the Encinas Wastewater facility upgrading and adding on to its facilities at a future date.
Mr. Garuba reviewed a timeline regarding the urgency ordinance for Council.
Mr. Garuba stated that Council can always withdraw the moratorium.
Ronald Rouse from Luce Forward, representing Cabrillo Power referenced the letter he provided to Council at tonight's meeting.
engaged with city since 2007 in connection with the carlsbad center energy project. interested in a smaller profile and smaller footprint has been part of city's long range vision.
there are two categories to be addressed. all contained in the letter. belived sever there are severe legal informaties.
referenced the Warren Aquafis Act. urgency ordinance use on an application that was filed over two years ago, cannot understand justification on urgency. real affect at the attempt of urgency ordinance is to spot zone. addressed factual underpinings referenced in the letter. city has failed to comply with the ceqa. will have adverse significant impact in other areas also addressed the exemption of the resolution.
CM Blackburn asked why NRG is paying their attorney and staff to sit in the audience.
Mr. Rouse stated that if one does not stand up and be heard you cannot challenge that action in the future.
Carie Seitman came forward to address Council. She thanked Council for adopting this Ordinance to protect the coastal area.
Arnie Row of Carlsbad, co-founder of Power of Vision came forward to address Council. Former operator and designer of power plants. He wanted to reassure council that this moratorium and its effect will not have a reverse impact on the region's energy needs. Mr. Row referenced an energy report that indicated a drop in power usage. Spoke about peak power load. twice as much installed capacity as the highest amount of demand. SDG&E knows this and has not contracted the NRG to purchase power from the proposed plant. Mr. Rowe stated that NRG will be able to sell power to other areas such as Los Angeles that has had a moratorium on building power plants for several years.
Energy Commission revised forecast.
Jack ??? came forward to address Council. Has followed the project since the beginning. Representation in the price is very misleading. If we don't have this plant in Carlsbad we are going through dark time and will not have enough electricity. Mr. ??? explained how energy is distributed. The new revised forecast for the need in California shows a drastic change in the next few years. Told the plant is a "peaker". It is not a peaker plant but rather is a full base loaded power plant. Need more time to define if this plant is needed.If this plant is built, it will be more difficult to meet the governor's issue to have 20% more renewable energy.
CM Packard asked how far out the does the energy commission forecast in their determination.
Mr. Row responded that the document handed to the clerk is a 10-year forecast.
Tom Sequan of Carlsbad came forward to address Council. Spoke in support of the moratorium.
Julie Baker, of Carlsbad came forward to address Council. Spoke in support of the moratorium. 2500 residents have signed a petition in opposition to the location of a power plant on the coast. The proposed NRG plant is a large plant. It will be running more often, no direct benefit to the Carlsbad citizens to have a power plant. Power will go to the grid and will be used as necessary within the state.
Kalani revere came forward to address Council. Spoke in opposition of the moratorium. Stated the tenants of the property were good stewards. Get the rest of his message. got to have power - might service us, working hand-in-hand with the desal plant - sees no problem with this.
Mayor Lewis clarified that the city is having difficulty with SDG&E and with NRG. Mayor stated that to have two power plants on the property is unacceptable. Previous owners have refused to work with the city. This is not new. Council is not taking lightly and it is a futuristic approach.
CM Blackburn asked about the Poseidon Desal plant is dependent upon the water that is pumped by the pwer plant.
Mr. Garuba stated the statement is inaccurate. Poseidon uses the cooling chamber.
DCM Jim Elliott explained that the intake will be used by Poseidon. The old plan was that the desal plant would take the heated water of the power plant. That has changed. Will be using the intake and outake site, but will not be using any water from the power plant.
CM Blackburn asked if the deals plant was dependnt on the power plant.
CM Hall asked about spot zoning and ceqa.
Assistant City Attorney Mobaldi explained that no action was being taken on CEQA items during this meeting.et this, and ultimate proceed to do general plan amendments and zoning plan amendments. Spot zoning, nothing is being zoned this evening. Moratroium applies to property along the coastal zone.
CM Hall about yesterday or tomorrow (urgency)
Garuba stated there is a sence of urgency. get comments potential conflict of land use, report coming out of the energy department
Council Member Hall also asked staff to respond to the public safety issue addressed in Mr. Rouse's letter.
Garuba staff has made assertions that there will be impact to the public health. If you look at the report levels regarding air emmissions they are increasing with harmful impacts.
CM Hall asked about a compounding effect if there are two sources of emission.
Garuba stated that the air pollution control district does not do a analysis of cumulative air impacts analysis. As to a particular distance, is there a distance that residential or other types of uses from a power plant. Energy Commission defines 1,000 feet as the rule of thumb.
Assistant City Attorney Mobaldi titled the Ordinance for introduction and adoption.
Motion to approve 17. AB #20,007 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO A MORATORIUM ON POWER PLANTS IN THE COASTAL ZONE. To consider introducing and adopting Urgency Ordinance No. CS-067 prohibiting the expansion or location of thermal electric power generation facilities within the Coastal Zone pending studies and changes in the General Plan and Zoning Ordinances and other land use regulations; and, Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 17. AB #20,007 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO A MORATORIUM ON POWER PLANTS IN THE COASTAL ZONE. To consider introducing and adopting Urgency Ordinance No. CS-067 prohibiting the expansion or location of thermal electric power generation facilities within the Coastal Zone pending studies and changes in the General Plan and Zoning Ordinances and other land use regulations; and, (Approved) (Recorded at 00:59:16)
20007
ORDINANCES FOR ADOPTION:
18. AB #20,008 - EXTENSION OF TIME LIMIT FOR VILLAGE REDEVELOPMENT PLAN. Adopting Ordinance No. CS-060, amending the Carlsbad Village Area Redevelopment Plan to extend the effectiveness time limit for one additional year pursuant to Assembly Bill 26 as codified in Health and Safety Code Section 33331.5. ACTION:
Mayor Lewis declared rcess
Mayor Lewis reconvened 6:56
CM Hall and CM Packard recused themselves 6:57
Assistant City Attorney Mobaldi titled the Ordinance.
Motion to approve 18. AB #20,008 - EXTENSION OF TIME LIMIT FOR VILLAGE REDEVELOPMENT PLAN. Adopting Ordinance No. CS-060, amending the Carlsbad Village Area Redevelopment Plan to extend the effectiveness time limit for one additional year pursuant to Assembly Bill 26 as codified in Health and Safety Code Section 33331.5. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 18. AB #20,008 - EXTENSION OF TIME LIMIT FOR VILLAGE REDEVELOPMENT PLAN. Adopting Ordinance No. CS-060, amending the Carlsbad Village Area Redevelopment Plan to extend the effectiveness time limit for one additional year pursuant to Assembly Bill 26 as codified in Health and Safety Code Section 33331.5. ACTION: (Approved) (Recorded at 01:01:25)
20008
19. AB #20,009 - ADULT BUSINESS LICENSE MUNICIPAL CODE AMENDMENT. Adopting Ordinance No. CS-062, amending Title 8 of the Carlsbad Municipal Code, by amending Chapter 8.60 to specify that an Adult Business License may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions, MCA 09-01. ACTION:
CM Hall and Packard returned 6:59
Assistant City Attorney Mobaldi titled the Ordinance.
Motion to approve 19. AB #20,009 - ADULT BUSINESS LICENSE MUNICIPAL CODE AMENDMENT. Adopting Ordinance No. CS-062, amending Title 8 of the Carlsbad Municipal Code, by amending Chapter 8.60 to specify that an Adult Business License may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions, MCA 09-01. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 19. AB #20,009 - ADULT BUSINESS LICENSE MUNICIPAL CODE AMENDMENT. Adopting Ordinance No. CS-062, amending Title 8 of the Carlsbad Municipal Code, by amending Chapter 8.60 to specify that an Adult Business License may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions, MCA 09-01. ACTION: (Approved) (Recorded at 01:02:29)
20009
20. AB #20,010 - ADULT BUSINESS ORDINANCE ZONE CODE AMENDMENT. Adopting Ordinance No. CS-063, amending the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in chapters 21.30 (C-M Heavy Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending chapter 21.44 (Parking) by revising the joint use parking provisions, ZCA 06-02/LCPA 06-04. ACTION:
Assistant City Attorney Jane Mobaldi titled the Ordinance.
Motion to approve 20. AB #20,010 - ADULT BUSINESS ORDINANCE ZONE CODE AMENDMENT. Adopting Ordinance No. CS-063, amending the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in chapters 21.30 (C-M Heavy Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending chapter 21.44 (Parking) by revising the joint use parking provisions, ZCA 06-02/LCPA 06-04. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 20. AB #20,010 - ADULT BUSINESS ORDINANCE ZONE CODE AMENDMENT. Adopting Ordinance No. CS-063, amending the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in chapters 21.30 (C-M Heavy Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending chapter 21.44 (Parking) by revising the joint use parking provisions, ZCA 06-02/LCPA 06-04. ACTION: (Approved) (Recorded at 01:03:48)
20010
21. AB #20,011 - TABATA RANCH. Adopting Ordinance No. CS-064, amending the Carlsbad Municipal Code, Section 21.05.030 by an amendment to the zoning map to grant a zone change from Residential Density-Multiple with a qualified development overlay (RD-M-Q) and limited control (L-C) to One-Family Residential (R-1) on a 2.9 acre site generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 20; and,
Assistant City Attorney Mobaldi titled the Ordinance.
Motion to approve 21. AB #20,011 - TABATA RANCH. Adopting Ordinance No. CS-064, amending the Carlsbad Municipal Code, Section 21.05.030 by an amendment to the zoning map to grant a zone change from Residential Density-Multiple with a qualified development overlay (RD-M-Q) and limited control (L-C) to One-Family Residential (R-1) on a 2.9 acre site generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 20; and, Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 21. AB #20,011 - TABATA RANCH. Adopting Ordinance No. CS-064, amending the Carlsbad Municipal Code, Section 21.05.030 by an amendment to the zoning map to grant a zone change from Residential Density-Multiple with a qualified development overlay (RD-M-Q) and limited control (L-C) to One-Family Residential (R-1) on a 2.9 acre site generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 20; and, (Approved) (Recorded at 01:05:45)
Adopting Ordinance No. CS-065, amending the Zone 20 Specific Plan (SP 203(C)) to change the General Plan land use designation from Residential Medium Density (RM) to Residential Low-Medium Density (RLM) on a 2.9 acre site within Planning Area “D” of the Zone 20 Specific Plan, on property generally located at the westernmost terminus of Lemon Leaf Drive, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 20.
20011
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.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
OCTOBER 20, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
22. AB #20,012 - PROPOSITION 1A SECURITIZATION PROGRAM . City Council consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller's Proposition 1A receivable from the State; and, directing and authorizing certain other actions in connection therewith; and,
Senior Accountant Brent Gerber gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
Legislation allows 3 options: Hold receivables Sell receivable to California Communitied Declare hardship (need to be at bankruptcy point)
Described Senate Bill 67 get this
all costs of issuance and all taxes will be paid by the state.
CM Packard asked why California Communities JPA was receiving 2% return.
Gerber Ca Communities are not receiving any return.
CM Packard asked why they were doing this.
Finance Director Lisa Irvine stated that CA Comjmunities is an organization to facilite the financing only.
CM Blackburn, we have the opportunity to loan almost 5 million to the state or loan to the bond holders and make money.
Gerber - yes.
CM Hall how much money ? for the state of california
Gerber 2 billion loan for 3 years
CM Hall paid back from
Gerber - somewhere down the loan probably out of the general fund.
Lisa Irvine depending on the estimate form the Legislative analysis office the revenues are not tracking to the state's projections.
Motion to approve 22. AB #20,012 - PROPOSITION 1A SECURITIZATION PROGRAM . City Council consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller's Proposition 1A receivable from the State; and, directing and authorizing certain other actions in connection therewith; and, Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 22. AB #20,012 - PROPOSITION 1A SECURITIZATION PROGRAM . City Council consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller's Proposition 1A receivable from the State; and, directing and authorizing certain other actions in connection therewith; and, (Approved) (Recorded at 01:18:34)
To consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller’s Proposition 1A receivable from the State; and, directing and authorizing certain other actions in connection therewith for the Carlsbad Ranch Infrastructure District; and,
Board to consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller’s Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith. City Council Resolution No. 2009-264. City Council Resolution No. 2009-265. Board Resolution No. 1378.
20012
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
OCTOBER 20, 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 .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:19:02)
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:19:15)
Minutes of the Joint Special Meeting held October 6, 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.
23. AB #699- NOTICE OF COMPLETION. Accepting the construction of the Mitigation Landscape Improvements Lake Calavera Remedial Improvements as complete; and, directing the Secretary to record a Notice of Completion, Project No. 38211-A. Resolution No. 1379. ACTION:
699
24. AB #700 - ADVERTISE FOR BIDS. Approving the plans and specifications for the Recycled Water Pump Station removal at El Camino Real and Cassia Road; and, authorizing the Secretary to advertise for bids, Project No. 3487. Resolution No. 1380. ACTION:
700
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
25. AB #20,013 - REQUEST FOR IN-KIND SERVICE ASSISTANCE FROM CARLSBAD CHRISTMAS BUREAU. To consider a request from the Carlsbad Christmas Bureau for in-kind service assistance; and, authorizing the appropriation of funds. Resolution No. 2009-266. ACTION:
Police Chief Tom Zoll came forward to make the presentation. Phil Urbina, president of the Carlsbad Christmas Bureau gave the presentation.
Urbina - all have to be carlsbad residents, set up with family to adopt and purchase gifts and bureau distributes them to the families. Traffic control is needed to assist with the distribution set up.
christmasbureau.org website to adopt a family.
CM Packard is close to double what it was last year.
Chief Zoll stated that improvements were made to the plan which were required to add additional staff to make the event safe.
CM Hall asked for background information
Urbina - 1971 organization was started. Does not accept any assistance from other organizations such as Toys for Tots or the City other than the police assistance. Does get business and corporate sponsors.
Motion to approve 25. AB #20,013 - REQUEST FOR IN-KIND SERVICE ASSISTANCE FROM CARLSBAD CHRISTMAS BUREAU. To consider a request from the Carlsbad Christmas Bureau for in-kind service assistance; and, authorizing the appropriation of funds. Resolution No. 2009-266. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 25. AB #20,013 - REQUEST FOR IN-KIND SERVICE ASSISTANCE FROM CARLSBAD CHRISTMAS BUREAU. To consider a request from the Carlsbad Christmas Bureau for in-kind service assistance; and, authorizing the appropriation of funds. Resolution No. 2009-266. ACTION: (Approved) (Recorded at 01:25:24)
20013
26. AB #20,014 - PRESENTATION OF LOCAL ECONOMIC UPDATE. To receive a presentation regarding an update of the local economy and the impact on the City of Carlsbad's revenues. ACTION:
Finance Director and Assistant Finance Director Kevin Brnaca gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
League of California Cities does provide protection local government including property sales redevelopment, transportation transit and state loans getting ready for 2010 november ballot
CM Hall - 10 year forecast - chart - is that presumed like the training facility and swiming pool bing build.
Irvine - yes, alga norte park, training facility, poinsettia tennis courts at the same time
CM Hall what is the total each year if we go through each one of these. Reserves
Irvine - adjust and make decision to not use reserves or delay the opening or some other option until the city can afford to operate them.
CM Hall -all these projects on the books we're going to build them
IRvine - about $7-$8 million.
Assistant City Clerk Karen Kundtz announced
adjourn 7:58
20014
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.
Oct 20, 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 00:03:18)
LEGISLATIVE INVOCATION:
Mayor Lewis gave the legislative invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard gave the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Special Meeting held September 16, 2009.
Motion to approve Minutes of the Special Meeting held September 16, 2009. Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve Minutes of the Special Meeting held September 16, 2009. (Approved) (Recorded at 00:04:51)
Minutes of the Special Meeting held October 6, 2009.
Minutes of the Regular Meeting held October 6, 2009.
Minutes of the Joint Special Meeting held October 6, 2009.
Minutes of the Special Meeting held October 13, 2009.
PRESENTATIONS:
Proclamation Presentation in Recognition of Domestic Violence Awareness Month.
Council Member Hall invited Lindsay Sampson representing the Womens' Resource Center and presented the proclamation to her.
Ms. Sampson thanked Council for recognizing Domestic Violence Awareness Month.
Proclamation Presentation to Fire Engineer Jeff Chumbley from the Burn Institute.
Fire Chief Kevin Crawford introduced Jim Burroughs, CEO of the Burn Institute.
Mr. Burroughs provided a brief explanation of what the burn institute is about. presented Jeff Chumley the burn institute's award.
Mr. Chumley thanked the Council for their recognization and his family. He also thanked his fellow fire department staff.
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:
Motion to approve WAIVER OF ORDINANCE TEXT READING: Moved by Mayor Pro Tem Kulchin, seconded by .
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,992 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Senior Citizens' Association in support of the Carlsbad Senior Center. Resolution No. 2009-249. ACTION:
19992
2. AB #19,993 - ACCEPTANCE OF IN-KIND DONATIONS. Accepting donations for in-kind products and services in support of the 2009 Snores & S'mores Safari Campout. Resolution No. 2009-250. ACTION:
19993
3. AB #19,994 - ACCEPTANCE OF IN-KIND DONATIONS. Accepting in-kind donations in support of the 2009 Dinner and a Movie Event at the Leo Carrillo Ranch Historic Park. Resolution No. 2009-251. ACTION:
19994
4. AB #19,995 - ACCEPTANCE OF DONATIONS. Accepting cash donations and in-kind donations of products and services in support of the 2009 Carlsbad Health and Wellness Expo and 28th Annual Triathlon; and, authorizing the appropriation of funds. Resolution No. 2009-252. ACTION:
19995
5. AB #19,996 - NOTICE OF COMPLETION. Accepting the construction of the FY 2008-09 Concrete Replacement Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6013. Resolution No. 2009-253. ACTION:
19996
6. AB #19,997 - NOTICE OF COMPLETION. Accepting the construction of the Leo Carrillo Ranch Barn Stabilization Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 39611. Resolution No. 2009-254. ACTION:
19997
7. AB #19,998 - NOTICE OF COMPLETION. Accepting the construction of public improvements for Robertson Ranch East as complete; and, directing the City Clerk to record a Notice of Completion, Project CT 02-16. Resolution No. 2009-255. ACTION:
19998
8. AB #19,999 - NOTICE OF COMPLETION. Accepting the construction of Melrose Drive as complete; and, directing the City Clerk to record Notices of Completion for CT 99-06 Palomar Forum - Melrose Drive (Forum), CT 98-10 Carlsbad Raceway - Melrose Drive/Forum, and CT 98-10 Carlsbad Raceway - Melrose Drive/Raceway. Resolution No. 2009-256. ACTION:
19999
9. AB #20,015 - ADVERTISE FOR BIDS. Approving the plans and specifications for a Wastewater Boundary Adjustment Agreement with Leucadia Wastewater District, approving a License Agreement with the Ponderosa Home Owners Association for the La Golondrina and El Fuerte Street Sewer Extensions; and, authorizing the City Clerk to advertise for bids, Project Nos. 3951 and 5500. Resolution No. 2009-267 ACTION:
20015
10. AB #20,000 - ADVERTISE FOR BIDS. Approving the plans and specifications for the reconstruction of the Encinas Creek Bridge; and, authorizing the City Clerk to advertise for bids, Project No. 3919. Resolution No. 2009-257. ACTION:
20000
11. AB #20,001 - APPROVE AGREEMENTS FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT. Approving an agreement with BRG Consulting, Inc. for the preparation of an environmental impact report, approving an agreement with West Senior Living R/E, LLC for payment of fees associated with the BRG Consulting Inc. agreement; and, authorizing the City Manager to execute said agreements for Dos Colinas, EIR 09-01. Resolution No. 2009-258. ACTION:
20001
12. AB #20,002 - AMENDMENTS TO CITY MANAGER AND CITY ATTORNEY EMPLOYMENT AGREEMENTS. Approving clarifications to the City Manager and City Attorney's employment agreements. Resolution No. 2009-259. ACTION:
20002
13. AB #20,003 - APPROVE CORRECTIONS TO THE AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING. Approving corrections to the Agricultural Conversion Mitigation Fee Grant funding amounts specified in Exhibit A of previously adopted City Council Resolution No. 2009-199. Resolution No. 2009-260. ACTION:
20003
14. AB #20,004 - SETTLEMENT OF CLAIM. Authorizing the expenditure of funds for the settlement of the Workers' Compensation claim of Damian Garcia. Resolution No. 2009-261. ACTION:
20004
15. AB #20,005 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for the replacement of the sewer main at 2402 Tamarack Avenue. Resolution No. 2009-262. ACTION:
20005
16. AB #20,006 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. To consider approving a Specific Plan Amendment (SP 207) and Local Coastal Program Amendment (LCPA 90-08(E)) to amend the Carlsbad Ranch Specific Plan and accept the California Coastal Commission's suggested modifications that require all Specific Plan Amendments be approved by the City Council and California Coastal Commission, for Legoland Inner Park. Introduction of Ordinance No. CS-066. ACTION:
Assistant City Attorney Jane Mobaldi titled the Ordinance
Motion to approve 16. AB #20,006 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. To consider approving a Specific Plan Amendment (SP 207) and Local Coastal Program Amendment (LCPA 90-08(E)) to amend the Carlsbad Ranch Specific Plan and accept the California Coastal Commission's suggested modifications that require all Specific Plan Amendments be approved by the City Council and California Coastal Commission, for Legoland Inner Park. Introduction of Ordinance No. CS-066. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 16. AB #20,006 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. To consider approving a Specific Plan Amendment (SP 207) and Local Coastal Program Amendment (LCPA 90-08(E)) to amend the Carlsbad Ranch Specific Plan and accept the California Coastal Commission's suggested modifications that require all Specific Plan Amendments be approved by the City Council and California Coastal Commission, for Legoland Inner Park. Introduction of Ordinance No. CS-066. ACTION: (Approved) (Recorded at 00:17:30)
20006
17. AB #20,007 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO A MORATORIUM ON POWER PLANTS IN THE COASTAL ZONE. To consider introducing and adopting Urgency Ordinance No. CS-067 prohibiting the expansion or location of thermal electric power generation facilities within the Coastal Zone pending studies and changes in the General Plan and Zoning Ordinances and other land use regulations; and,
Municipal Projects Manager Joe Garuba and Planning Director Don Neu gave the staff report and Power Point Presentation (on file in the Office of the City Clerk).
Mr. Garuba spoke about the specific plan, about the Encinas Wastewater facility upgrading and adding on to its facilities at a future date.
Mr. Garuba reviewed a timeline regarding the urgency ordinance for Council.
Mr. Garuba stated that Council can always withdraw the moratorium.
Ronald Rouse from Luce Forward, representing Cabrillo Power referenced the letter he provided to Council at tonight's meeting.
engaged with city since 2007 in connection with the carlsbad center energy project. interested in a smaller profile and smaller footprint has been part of city's long range vision.
there are two categories to be addressed. all contained in the letter. belived sever there are severe legal informaties.
referenced the Warren Aquafis Act. urgency ordinance use on an application that was filed over two years ago, cannot understand justification on urgency. real affect at the attempt of urgency ordinance is to spot zone. addressed factual underpinings referenced in the letter. city has failed to comply with the ceqa. will have adverse significant impact in other areas also addressed the exemption of the resolution.
CM Blackburn asked why NRG is paying their attorney and staff to sit in the audience.
Mr. Rouse stated that if one does not stand up and be heard you cannot challenge that action in the future.
Carie Seitman came forward to address Council. She thanked Council for adopting this Ordinance to protect the coastal area.
Arnie Row of Carlsbad, co-founder of Power of Vision came forward to address Council. Former operator and designer of power plants. He wanted to reassure council that this moratorium and its effect will not have a reverse impact on the region's energy needs. Mr. Row referenced an energy report that indicated a drop in power usage. Spoke about peak power load. twice as much installed capacity as the highest amount of demand. SDG&E knows this and has not contracted the NRG to purchase power from the proposed plant. Mr. Rowe stated that NRG will be able to sell power to other areas such as Los Angeles that has had a moratorium on building power plants for several years.
Energy Commission revised forecast.
Jack ??? came forward to address Council. Has followed the project since the beginning. Representation in the price is very misleading. If we don't have this plant in Carlsbad we are going through dark time and will not have enough electricity. Mr. ??? explained how energy is distributed. The new revised forecast for the need in California shows a drastic change in the next few years. Told the plant is a "peaker". It is not a peaker plant but rather is a full base loaded power plant. Need more time to define if this plant is needed.If this plant is built, it will be more difficult to meet the governor's issue to have 20% more renewable energy.
CM Packard asked how far out the does the energy commission forecast in their determination.
Mr. Row responded that the document handed to the clerk is a 10-year forecast.
Tom Sequan of Carlsbad came forward to address Council. Spoke in support of the moratorium.
Julie Baker, of Carlsbad came forward to address Council. Spoke in support of the moratorium. 2500 residents have signed a petition in opposition to the location of a power plant on the coast. The proposed NRG plant is a large plant. It will be running more often, no direct benefit to the Carlsbad citizens to have a power plant. Power will go to the grid and will be used as necessary within the state.
Kalani revere came forward to address Council. Spoke in opposition of the moratorium. Stated the tenants of the property were good stewards. Get the rest of his message. got to have power - might service us, working hand-in-hand with the desal plant - sees no problem with this.
Mayor Lewis clarified that the city is having difficulty with SDG&E and with NRG. Mayor stated that to have two power plants on the property is unacceptable. Previous owners have refused to work with the city. This is not new. Council is not taking lightly and it is a futuristic approach.
CM Blackburn asked about the Poseidon Desal plant is dependent upon the water that is pumped by the pwer plant.
Mr. Garuba stated the statement is inaccurate. Poseidon uses the cooling chamber.
DCM Jim Elliott explained that the intake will be used by Poseidon. The old plan was that the desal plant would take the heated water of the power plant. That has changed. Will be using the intake and outake site, but will not be using any water from the power plant.
CM Blackburn asked if the deals plant was dependnt on the power plant.
CM Hall asked about spot zoning and ceqa.
Assistant City Attorney Mobaldi explained that no action was being taken on CEQA items during this meeting.et this, and ultimate proceed to do general plan amendments and zoning plan amendments. Spot zoning, nothing is being zoned this evening. Moratroium applies to property along the coastal zone.
CM Hall about yesterday or tomorrow (urgency)
Garuba stated there is a sence of urgency. get comments potential conflict of land use, report coming out of the energy department
Council Member Hall also asked staff to respond to the public safety issue addressed in Mr. Rouse's letter.
Garuba staff has made assertions that there will be impact to the public health. If you look at the report levels regarding air emmissions they are increasing with harmful impacts.
CM Hall asked about a compounding effect if there are two sources of emission.
Garuba stated that the air pollution control district does not do a analysis of cumulative air impacts analysis. As to a particular distance, is there a distance that residential or other types of uses from a power plant. Energy Commission defines 1,000 feet as the rule of thumb.
Assistant City Attorney Mobaldi titled the Ordinance for introduction and adoption.
Motion to approve 17. AB #20,007 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO A MORATORIUM ON POWER PLANTS IN THE COASTAL ZONE. To consider introducing and adopting Urgency Ordinance No. CS-067 prohibiting the expansion or location of thermal electric power generation facilities within the Coastal Zone pending studies and changes in the General Plan and Zoning Ordinances and other land use regulations; and, Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 17. AB #20,007 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO A MORATORIUM ON POWER PLANTS IN THE COASTAL ZONE. To consider introducing and adopting Urgency Ordinance No. CS-067 prohibiting the expansion or location of thermal electric power generation facilities within the Coastal Zone pending studies and changes in the General Plan and Zoning Ordinances and other land use regulations; and, (Approved) (Recorded at 00:59:16)
20007
ORDINANCES FOR ADOPTION:
18. AB #20,008 - EXTENSION OF TIME LIMIT FOR VILLAGE REDEVELOPMENT PLAN. Adopting Ordinance No. CS-060, amending the Carlsbad Village Area Redevelopment Plan to extend the effectiveness time limit for one additional year pursuant to Assembly Bill 26 as codified in Health and Safety Code Section 33331.5. ACTION:
Mayor Lewis declared rcess
Mayor Lewis reconvened 6:56
CM Hall and CM Packard recused themselves 6:57
Assistant City Attorney Mobaldi titled the Ordinance.
Motion to approve 18. AB #20,008 - EXTENSION OF TIME LIMIT FOR VILLAGE REDEVELOPMENT PLAN. Adopting Ordinance No. CS-060, amending the Carlsbad Village Area Redevelopment Plan to extend the effectiveness time limit for one additional year pursuant to Assembly Bill 26 as codified in Health and Safety Code Section 33331.5. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 18. AB #20,008 - EXTENSION OF TIME LIMIT FOR VILLAGE REDEVELOPMENT PLAN. Adopting Ordinance No. CS-060, amending the Carlsbad Village Area Redevelopment Plan to extend the effectiveness time limit for one additional year pursuant to Assembly Bill 26 as codified in Health and Safety Code Section 33331.5. ACTION: (Approved) (Recorded at 01:01:25)
20008
19. AB #20,009 - ADULT BUSINESS LICENSE MUNICIPAL CODE AMENDMENT. Adopting Ordinance No. CS-062, amending Title 8 of the Carlsbad Municipal Code, by amending Chapter 8.60 to specify that an Adult Business License may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions, MCA 09-01. ACTION:
CM Hall and Packard returned 6:59
Assistant City Attorney Mobaldi titled the Ordinance.
Motion to approve 19. AB #20,009 - ADULT BUSINESS LICENSE MUNICIPAL CODE AMENDMENT. Adopting Ordinance No. CS-062, amending Title 8 of the Carlsbad Municipal Code, by amending Chapter 8.60 to specify that an Adult Business License may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions, MCA 09-01. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 19. AB #20,009 - ADULT BUSINESS LICENSE MUNICIPAL CODE AMENDMENT. Adopting Ordinance No. CS-062, amending Title 8 of the Carlsbad Municipal Code, by amending Chapter 8.60 to specify that an Adult Business License may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions, MCA 09-01. ACTION: (Approved) (Recorded at 01:02:29)
20009
20. AB #20,010 - ADULT BUSINESS ORDINANCE ZONE CODE AMENDMENT. Adopting Ordinance No. CS-063, amending the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in chapters 21.30 (C-M Heavy Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending chapter 21.44 (Parking) by revising the joint use parking provisions, ZCA 06-02/LCPA 06-04. ACTION:
Assistant City Attorney Jane Mobaldi titled the Ordinance.
Motion to approve 20. AB #20,010 - ADULT BUSINESS ORDINANCE ZONE CODE AMENDMENT. Adopting Ordinance No. CS-063, amending the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in chapters 21.30 (C-M Heavy Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending chapter 21.44 (Parking) by revising the joint use parking provisions, ZCA 06-02/LCPA 06-04. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 20. AB #20,010 - ADULT BUSINESS ORDINANCE ZONE CODE AMENDMENT. Adopting Ordinance No. CS-063, amending the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in chapters 21.30 (C-M Heavy Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending chapter 21.44 (Parking) by revising the joint use parking provisions, ZCA 06-02/LCPA 06-04. ACTION: (Approved) (Recorded at 01:03:48)
20010
21. AB #20,011 - TABATA RANCH. Adopting Ordinance No. CS-064, amending the Carlsbad Municipal Code, Section 21.05.030 by an amendment to the zoning map to grant a zone change from Residential Density-Multiple with a qualified development overlay (RD-M-Q) and limited control (L-C) to One-Family Residential (R-1) on a 2.9 acre site generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 20; and,
Assistant City Attorney Mobaldi titled the Ordinance.
Motion to approve 21. AB #20,011 - TABATA RANCH. Adopting Ordinance No. CS-064, amending the Carlsbad Municipal Code, Section 21.05.030 by an amendment to the zoning map to grant a zone change from Residential Density-Multiple with a qualified development overlay (RD-M-Q) and limited control (L-C) to One-Family Residential (R-1) on a 2.9 acre site generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 20; and, Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 21. AB #20,011 - TABATA RANCH. Adopting Ordinance No. CS-064, amending the Carlsbad Municipal Code, Section 21.05.030 by an amendment to the zoning map to grant a zone change from Residential Density-Multiple with a qualified development overlay (RD-M-Q) and limited control (L-C) to One-Family Residential (R-1) on a 2.9 acre site generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 20; and, (Approved) (Recorded at 01:05:45)
Adopting Ordinance No. CS-065, amending the Zone 20 Specific Plan (SP 203(C)) to change the General Plan land use designation from Residential Medium Density (RM) to Residential Low-Medium Density (RLM) on a 2.9 acre site within Planning Area “D” of the Zone 20 Specific Plan, on property generally located at the westernmost terminus of Lemon Leaf Drive, within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 20.
20011
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.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
OCTOBER 20, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
22. AB #20,012 - PROPOSITION 1A SECURITIZATION PROGRAM . City Council consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller's Proposition 1A receivable from the State; and, directing and authorizing certain other actions in connection therewith; and,
Senior Accountant Brent Gerber gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
Legislation allows 3 options: Hold receivables Sell receivable to California Communitied Declare hardship (need to be at bankruptcy point)
Described Senate Bill 67 get this
all costs of issuance and all taxes will be paid by the state.
CM Packard asked why California Communities JPA was receiving 2% return.
Gerber Ca Communities are not receiving any return.
CM Packard asked why they were doing this.
Finance Director Lisa Irvine stated that CA Comjmunities is an organization to facilite the financing only.
CM Blackburn, we have the opportunity to loan almost 5 million to the state or loan to the bond holders and make money.
Gerber - yes.
CM Hall how much money ? for the state of california
Gerber 2 billion loan for 3 years
CM Hall paid back from
Gerber - somewhere down the loan probably out of the general fund.
Lisa Irvine depending on the estimate form the Legislative analysis office the revenues are not tracking to the state's projections.
Motion to approve 22. AB #20,012 - PROPOSITION 1A SECURITIZATION PROGRAM . City Council consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller's Proposition 1A receivable from the State; and, directing and authorizing certain other actions in connection therewith; and, Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 22. AB #20,012 - PROPOSITION 1A SECURITIZATION PROGRAM . City Council consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller's Proposition 1A receivable from the State; and, directing and authorizing certain other actions in connection therewith; and, (Approved) (Recorded at 01:18:34)
To consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller’s Proposition 1A receivable from the State; and, directing and authorizing certain other actions in connection therewith for the Carlsbad Ranch Infrastructure District; and,
Board to consider approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the Seller’s Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith. City Council Resolution No. 2009-264. City Council Resolution No. 2009-265. Board Resolution No. 1378.
20012
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
OCTOBER 20, 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 .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:19:02)
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:19:15)
Minutes of the Joint Special Meeting held October 6, 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.
23. AB #699- NOTICE OF COMPLETION. Accepting the construction of the Mitigation Landscape Improvements Lake Calavera Remedial Improvements as complete; and, directing the Secretary to record a Notice of Completion, Project No. 38211-A. Resolution No. 1379. ACTION:
699
24. AB #700 - ADVERTISE FOR BIDS. Approving the plans and specifications for the Recycled Water Pump Station removal at El Camino Real and Cassia Road; and, authorizing the Secretary to advertise for bids, Project No. 3487. Resolution No. 1380. ACTION:
700
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
25. AB #20,013 - REQUEST FOR IN-KIND SERVICE ASSISTANCE FROM CARLSBAD CHRISTMAS BUREAU. To consider a request from the Carlsbad Christmas Bureau for in-kind service assistance; and, authorizing the appropriation of funds. Resolution No. 2009-266. ACTION:
Police Chief Tom Zoll came forward to make the presentation. Phil Urbina, president of the Carlsbad Christmas Bureau gave the presentation.
Urbina - all have to be carlsbad residents, set up with family to adopt and purchase gifts and bureau distributes them to the families. Traffic control is needed to assist with the distribution set up.
christmasbureau.org website to adopt a family.
CM Packard is close to double what it was last year.
Chief Zoll stated that improvements were made to the plan which were required to add additional staff to make the event safe.
CM Hall asked for background information
Urbina - 1971 organization was started. Does not accept any assistance from other organizations such as Toys for Tots or the City other than the police assistance. Does get business and corporate sponsors.
Motion to approve 25. AB #20,013 - REQUEST FOR IN-KIND SERVICE ASSISTANCE FROM CARLSBAD CHRISTMAS BUREAU. To consider a request from the Carlsbad Christmas Bureau for in-kind service assistance; and, authorizing the appropriation of funds. Resolution No. 2009-266. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 25. AB #20,013 - REQUEST FOR IN-KIND SERVICE ASSISTANCE FROM CARLSBAD CHRISTMAS BUREAU. To consider a request from the Carlsbad Christmas Bureau for in-kind service assistance; and, authorizing the appropriation of funds. Resolution No. 2009-266. ACTION: (Approved) (Recorded at 01:25:24)
20013
26. AB #20,014 - PRESENTATION OF LOCAL ECONOMIC UPDATE. To receive a presentation regarding an update of the local economy and the impact on the City of Carlsbad's revenues. ACTION:
Finance Director and Assistant Finance Director Kevin Brnaca gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
League of California Cities does provide protection local government including property sales redevelopment, transportation transit and state loans getting ready for 2010 november ballot
CM Hall - 10 year forecast - chart - is that presumed like the training facility and swiming pool bing build.
Irvine - yes, alga norte park, training facility, poinsettia tennis courts at the same time
CM Hall what is the total each year if we go through each one of these. Reserves
Irvine - adjust and make decision to not use reserves or delay the opening or some other option until the city can afford to operate them.
CM Hall -all these projects on the books we're going to build them
IRvine - about $7-$8 million.
Assistant City Clerk Karen Kundtz announced
adjourn 7:58
20014
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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