Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
APPROVAL OF MINUTES:
all present, minutes approved 5/0
Minutes of the Special Meetings held April 20, 2010.
PRESENTATIONS:
Proclamation Presentation in recognition of K-9 retirement.
Proclamation Presentation in recognition of Water Watchers.
Matt Hall invited Mike Davis and Carl Pope to come forward to receive the proclamation. Matt Hall read the proclamation May 2010 Water Safety Month. Water Watchers program. Mike spoke first and talked about the program, stop by a fire station for training, they give you a lanyard and that means you know your the one in charge of pool supervision duty. Carl said program info also available at the Monroe street pool. Pools, hot tubs, etc. Need constant supervision, proper fencing.
4. AB #20,220 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Hi-Noon Rotary Club for the structural elements of the relocation of the Historic Twin Inns Gazebo to Magee Park; and, authorizing the appropriation of donated funds. Resolution No. 2010-101. ACTION:
AB #20,220
Hi Noon Rotary Club donation accepted. Kyle Lancaster came forward to acknowledge the donation and asked club representative Jim Brubaker to come forward. Ribbon cutting ceremony fall 2010. Mr. Brubaker came forward to address council and spoke about the project. Community events will be held in the new gazebo. Great legacy for the whole city. thanked Council and Kyle Lancaster and John Coates parks and rec director for their support of the project. James something or other, didn't get his name. asked council to accept the money as payment for a contract with a company to do the moving of the gazebo. Bricks still available for $100 each. Contact Hi Noon Rotary.
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.
1. AB #20,233 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Initiating proceedings and ordering the preparation of the Engineer's Report; approving the Preliminary Engineer's Report; and setting a public hearing on the matter for June 22, 2010. Resolution Nos. 2010-111, 2010-112, 2010-113. ACTION:
AB #20,233
2. AB #20,234 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2. Initiating proceedings and ordering the preparation of the Engineer's Report; approving the Preliminary Engineer's Report; and setting a public hearing on the matter for June 22, 2010. Resolution Nos. 2010-114, 2010-115, 2010-116. ACTION:
AB #20,234
3. AB #20,219 - ACCEPTANCE OF DONATION. Accepting a donation in support of the Leo Carrillo Ranch Trust Fund; and, authorizing the appropriation of donated funds. Resolution No. 2010-100. ACTION:
AB #20,219
5. AB #20,221 - 2010-2015 CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS. Authorizing the submittal of the 2010-2015 Consolidated Plan to the U.S. Department of Housing and Urban Development. Resolution No. 2010-102. ACTION:
AB #20,221
6. AB #20,222 - AUTHORIZE ADDITIONAL FUNDS FOR COASTAL RAIL TRAIL. Authorizing the programming of additional funds for the Costal Rail Trail, Project No. 3455. Resolution No. 2010-103. ACTION:
AB #20,222
7. AB #20,223 - APPROVE AMENDMENT TO MUNICIPAL STORM WATER PERMIT COPERMITTEE MEMORANDUM OF UNDERSTANDING. Approving the First Amendment to the Memorandum of Understanding between the City of Carlsbad and the Municipal Storm Water Copermittees, NPDES Order No. R9-2007-0001. Resolution No. 2010-104. ACTION:
AB #20,223
7. AB #20,223 - APPROVE AMENDMENT TO MUNICIPAL STORM WATER PERMIT COPERMITTEE MEMORANDUM OF UNDERSTANDING. Approving the First Amendment to the Memorandum of Understanding between the City of Carlsbad and the Municipal Storm Water Copermittees, NPDES Order No. R9-2007-0001. Resolution No. 2010-104. ACTION:
8. AB #20,224 - AWARD OF CONTRACT. Accepting bids and awarding the contract to Atom Engineering Construction for construction of the La Costa Avenue Subdrain, Project No. 3681. Resolution No. 2010-105. ACTION:
AB #20,224
9. AB #20,225 - APPROVE CITYWIDE RECORDS RETENTION SCHEDULE REVISIONS. Approving revisions to the established Records Management Program for the City of Carlsbad. Resolution No. 2010-106. ACTION:
AB #20,225
10. AB #20,226 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of March 31, 2010. ACTION:
AB #20,226
11. AB #20,227 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for repair and stabilization of a road fill failure along the number two land of Carlsbad Boulevard Southbound, southerly of the Encinas Creek Bridge; and, appropriating additional funds, Project No. 6032. Resolution No. 2010-107. ACTION:
AB #20,227
12. AB #20,228 - UTILITY EASEMENT VACATION OVER FILOLI CIRCLE. Summarily vacating a portion of a Public Utility Easement over Filoli Circle in CT 05-13, PR, 09-48. Resolution No. 2010-108. ACTION:
AB #20,228
13. AB #20,229 - EMERGENCY ACCESS AND FIRE LANE EASEMENT VACATION OVER FILOLI CIRCLE. Summarily vacating a portion of an Emergency Access and Fire Lane Easement over Filoli Circle in CT 05-13, PR 09-49. Resolution No. 2010-109. ACTION:
AB #20,229
13. AB #20,229 - EMERGENCY ACCESS AND FIRE LANE EASEMENT VACATION OVER FILOLI CIRCLE. Summarily vacating a portion of an Emergency Access and Fire Lane Easement over Filoli Circle in CT 05-13, PR 09-49. Resolution No. 2010-109. ACTION:
14. AB #20,230 - STREET AND EASEMENT VACATION OVER LAGUNA MESA TRACT 7. Summarily vacating a portion of a Street and Utility Easement over a portion of Tract 7 of Laguna Mesa Tract, Tong Property, STV 09-02. Resolution No. 2010-110. ACTION:
AB #20,230
ORDINANCE FOR INTRODUCTION: This item is continued from the Meetings of April 6, April 13 and April 27, 2010.
15. AB #20,179 - AMEND CARLBAD MUNICIPAL CODE REGARDING QUALIFICATIONS FOR CITY TREASURER. To consider adding Section 2.08.022 to the Carlsbad Municipal Code, establishing certain minimum criteria for eligibility for the elected office of City Treasurer. Introduction of Ordinance No. CS-080. ACTION:
AB #20,179
Mayor said he watched from home. Ron said he can vote. Ron stated that he redrafted the ordinance to reflect the addition of 4 year degree and 4 years of financial work experience.
Ron Ball titled the ordinance and clarified that council wants to approve the version he put forth in his memo dated May 11, 2010. Vote 5/0
ORDINANCE FOR ADOPTION:
16. AB #20,231 - WATER EFFICIENT LANDSCAPE ORDINANCE. Adopting Ordinance No. CS-089, approving a Zone Code Amendment to repeal Chapter 21.220 - Water-Efficient Landscaping of the Carlsbad Municipal Code and a Municipal Code Amendment to add and enact Chapter 18.50 - Water Efficient Landscape of the Carlsbad Municipal Code, ZCA 10-01/MCA 10-01. ACTION:
AB #20,231
This was discussed and introduced so no conversation! vote 5/0
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.
Nicola Bisaild, Beca Dawson, June 11-July 5th, San Diego County Fair. spoke about the fair and discount tickets packages, available at Albertsons. Sammy Hagar, KC Sunshine Band, Switchfoot, Lonestar, Uncle Cracker, lots of bands. Opening day or closing day and thursdays are 7-11 special give away days for first 25k. Pay one price day on wednesdays and thursdays. fridays is penny saver book. Fun performances, musicapolooza, vocal talent search and dance crew search, SD Beer Festival, Envirofair, Fireworks show on the 4th. The train-coaster will run on the 4th.
Rayleen Shimmon, came forward to address Council. She spoke regarding power lines that obstruct her view. Utility views. She wants in the CIP to move up the undergrounding in the priority list of the utilities near her home on Chestnut. Mayor said it's all on the list. Acacia is lower on the list. He said they'd be in contact.
La Costa Avenue safety group. email from Bob Johnson, no funding for arterial road traffic calming measures on LCA. Christine Davis president of that group but not present. NC Advocates blocked for the la costa town square they didn't join in because they believed city would do calming measures. Are we on the list of priorities for funding. Will traffic calming measures be implementing in the Mayor told Lisa to have Bob Johnson report to council in the near future regarding this issue. Hall said stick around and it might come up in the 18.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
May 11, 2010
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
6:34 to CMWD
17. AB #719 - WATER PURCHASE AGREEMENT REVISIONS WITH POSEIDON RESOURCES. To consider approving the amended and restated water purchase agreement with Poseidon Resources (Channelside) LLC. Resolution No. 1397. ACTION:
AB #719
Skip and Glenn will review the presentation (on file in the office of the City Clerk). Agreement from 2004, provide 100% CMWD potable water, anticipated details would follow, eight previous amendments. Purpose of the amendment is to include all the previous revisions into one documents and abcknowledge parties actions. Both parties desired the amendments. Lenders requested the revised language.
SKip is saying all this so far. Guiding principals - quality, quantity, reliability, price, economic benefit and risk. Won't pay anymore than what we would have paid to Metro or County Water Authority for the same volume of water. Risks, born by poseidon, no risk of financing or cost of construction, we only pay for water we purchase. As a result of some changes that weren't anticipated through the course of the earlier agreements, $250/acre foot for the project MWD susidy. that's now in question. SDCWA subsidy up to $200 per acre-foot. CMWD assume responsibility (action/inaction)? That wasn't part of original negotiations. staff recommends something that I missed.
Delivery regime, aug 18, 2009- poseidon deliver 80% cmwd demand, direct delivery to CMWD, Poseidon to contruct 4 delivery points. Defer direct delivery facilities, defer construction of 4 points. then he jumped slides to the location map.
delay consideration of some of the lines. for 5 years because of financing. Defer construction of PAR delivery point. annual water demand is also undergoing some changes.
existing wpa, mas purchase to 28k acre foot. min daily quantity 10 mgd, mad daily 25 mgd. proposed wpa mas purchase 25, 100 acre foot, min 80% pot water demand, reduced min to 8 mgd 30 day/yr. One other provision worth noting, some lenders wanted changes that allows the lender to assume the same rights as poseidon. if they r in breach of contract or default they would have the same rights, cure period, not indefinate.
Fiscal impacts, review this slide and include pertinent stuff. some risks to cmwd. staff recommends adoption of the resolution.
Hall asked slide 5. Resposible for our actions - that's our agency making decisions? Sitting members of the board is skip's answer. Ron clarified - the members sitting at our district would be actions of the district. Keith Solar somebody outside counsel for CMWD with poseidon came forward. That is correct, clearly stated that ***** take this part verbatim.\ Hall then asked, what if what of one of those 2 groups goes away, how would that affect the project? SKip said if the subsidy goes away, then CWA would backstop it. thenone group could opt out. Blackburn - no circumstance metro and cwa that will cause cbad to backstop the project? skip said that' s correct. Mayor said, 9 agencies working together. We hacve no responsibility to backstop? Cbad will assist and support, if no subsidy from cwa? skip said CMWD would not be responsible? Keith outside council said it would not tie our hands
Peter MacLaggen came forward to address Council. Mayor asked water authority is on near verge that we may loose subsidy. if we lose it, if you come and ask us to backfill and the other 8 in the agreement. Will that be a loan or a gimmee? Peter said that about 220 m of revenue coming in to defray the costs. they would lose the 250 per acre foot. record keeping requirements, should they challenge in court of seek to overturn the rate structure they can overturn. if metro said they do away with insentive program, then that is when poseidon would ask for a backfill of those funds.
Blackburn - met says if cwa chalengs their rate structure, then they will cut of the 250 subsidy. Is that legal? Keith council, said he believes it is legal because that was stated in the agreement. Kulchin said, she is concerned about rate payers. it wasn't supposed to cost our rate payers anymore. Jim Elliott consultant to poseidon project. as it stands the rate payers will never pay more than they would have for equal amount of water. that doesn't mean a subsidy continues. listen again. if cmwd took action that would mess up the subsidy would go away, then our rates would increase. what we must do to continue the subsidy is pretty simple. he is comfortable with the way the agreement is written. he says they will not pay more unless this board chooses to do some acton that will cause that to happen.
Glenn said we limited risk that we have control over. risk cannot be transferred. skip said in reso there is a provision regarding metro and being subject to their approval. blakburn, skip, will we'll on the 27th whether cwa will backfill metro. So now were what iffing. we could know at then if they take final action. jim - have outside council talk about what ifs of your yes or no vote. ron ball spelled out some of those what ifs of the action tonight. This is the important part. Mayor asked about delivery points about delaying the 5 points. do we pay for pipes or does posedion? skip the blue line poseidon pays for contruction. they will repay the water rates back based on percentage. they would recive water thru cwa as they r now. poseidon will finance that. cbad will be responsible for paying back capital costa unless other cities use the same pipes. poseidon finances. we pay costs that go into tracking account.
we expect cost of desal to eventually to cost less. mayor to ball - if poseidon decided to sell this project is our agreement still in place? yes, provision in agreement that stipulates water district has approval of any sale. we have first dibs to buy. glen said something else i missed.
ann motiioned. matt second. vote 5/0
adjourned 7:15
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
18. AB #20,232 - CAPITAL IMPROVEMENT PROGRAM BUDGET PRESENTATION. To receive the presentation on the Preliminary Capital Improvement Program, including information regarding the current status of all capital funds, capital construction budgets, development projections, revenue projections and expenditures for the 2010-2011fiscal year and for all known projects until buildout of the City; and setting a Public Hearing for June 29, 2010. ACTION:
AB #20,232
Judi Vincent staff recommendations for CIP.
the city's projects support council goal to support infrastructure. only council action for tonight is to set the public hearing. june 8 operating budget workshop. june 10 public meeting with overview of the cap and operating budget. meeting originally scheduled for 5 moved to 6. more info available in finance 602-2430. evaluates projects based on priority ranking criteria, availability of resources and construction schedule.
several critiria evaluation, health and safety, compliance with legal mandagtes council top priorities, operationc ost impactes, economic uncertainty. this shows that while council funds some projects, some projects are deferred until operation costs are also available. staff also prepares estimates of new facilities. some construction still going on but much less because we are nearing build out. funding sources of capital projects: development fees, special districts, utility infrastructure replacement, infrastructure replacement, other sources.
replacement funds 270 mill dollars, that 48% of total future capitals. 250 existing projects planned through buildout. funding thru sources just discussed. fiscal year 2010-11 the largest portion comes from city of vista for part of their reach and lift station payments. 58million requested for appropriations for vista/cbad sewer projects. new appropriations of 235 million capital projects budget, jfrtf and el camino widening project.
Marshall spoke about new projects: park project, pine avenue project this is phase one into a garden setting. park in lieu fees, landscaping around project area. drainage, kelly drive channel replacement no funding in this budget 1.79 million in the program but not needind funds for the whole thing this year. sewer buena vista lift station improvements N. no appropriations this year, but in 11-12 FY. costs shared with city of vista. only have to fund 10% because we only own that much of the project. NCTD Row sewer utility protection. provides protection of those sewer facilities. water - santa fe ii reservoir site improvements, park drive waterline and street improvements, NCTD Row Water utilities protections. 80k dollars Recycled Water, Palomar Business Park recycled water pipelines. Transportation projects. Traffic signals along La Costa confirmed the question during public comment. 5 signals along la costa approved in this next years budget. Armada drive at fleet street south. slope stabilization on batiquitos drive. traffic management center, traffic impact fee update, street name sign replacement, retro-reflectivity sign replacement. Unfunded mandates: that's street name sign replacement. speed limits determine the requirement of larger street name signs. also part of retro reflectivity sign replacement. has to be implemented in the next 8 years. asks for funds in the next 6 years.
Projects of interest: Fire Station No. 3 relocation. environmental, design, and park coordination. 150k dollar master plan work on the Robertson ranch. proper coordination so all projects will work together. Hydro electric energy generation, design report, final design, energy generation.
Recycled water palomar business park, new customers, 43 million gallons/ year. cbad blvd realignment, additonal 3mil in transnet funding. Traffic Management Center, automated system, improve the flow, efficiencies.
Judi stated again about the upcoming citizens' budget workshop 6-10-10. council action is setting public hearing.
Kulchin asked about vista and pump station. what do we do if the other city said they don't have the money? lisa said it hasn't happened if we couldn't fix it with working with that city then we have legal recourse. Hall - page j3, AH channel, all money been appropriated, where are we on that project? MP said yes, design is about completed, still working on permits to start contrustion. remaining task it wetland mitigation area. working with property owner to mitigate which is required inthe permit. there are 5 future appropriations that would provide for the monitoring and establisment of the mitigation area. Hall- review la costa avenue, how many stop lights? money appropriated for this year. Judi said yes 5 lights and funding ready for 3 of those. Hall when will that take place? MP said begin in 2010-11. Levante and La Costa is conditioned on LCTown Square development. The other 5 are funded in 2010-11. Blackburn, larger CIP projects, how do the residents have imput on what is a higher priority? Judi, all questions from citizens are recorded and given to council so they know what the residents are asking for. Judi said if a resident has specific concerns about project priorities, then the budget workshops are the right venue to express. they have to go to the workshops so council can get the info and respond. packard - prop c projects? judi 35 mil (GET THE SLIDE FROM JUDI ABOUT PROP C PROJECTS) not programmed for specific projects. Hall - undergrounding utilities? MP money gathered by sdge for undergrounding. havve been priority list identified. working on some now but when u do roadway improcement project then you do the utitliy undergrounding then. Lewis - station 3 relocation. do we use the same design and architect or do different each time? MP said he doesn't know if they use the same design, they are similar but not cookie cutter. Lisa said we can't use the last plans because of the lot, the one before that ws so long ago it would need to be updated because of the code changes. we build so rarely but we do try to use info from one to the next. mayor ar we building 2 more? Kevin Crawford said yes, 3's relocated and 2's in la costa will need to be rebuild. it's small and no longer fits the needs. need to have someone come into see if they can remodel to meet the needs. but that's all he's prepared to say now. Lisa, clafiry, LC traffic calming measures is not complete yet. studies being done, signals in the cip but more info will be coming in the next few months.
Speaker Ernie Trujillo: came forward regarding CIP. la costa safety committee. landscaping included with signals in CIP? he says council should go one step further wants it included with what's going on on Donna and Sierra Morena. Asked for additional landscape to beautify the area. accepted report and set the public hearing for 6-29-10.
adjournemtn 8:04
PUBLIC COMMENT: Continuation of the Public Comments (if necessary) The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
May 11, 2010 City Council and Carlsbad Municipal Water District Board Meeting
Full agenda
Share this video
Video Index
Full agenda
Share
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
APPROVAL OF MINUTES:
all present, minutes approved 5/0
Minutes of the Special Meetings held April 20, 2010.
PRESENTATIONS:
Proclamation Presentation in recognition of K-9 retirement.
Proclamation Presentation in recognition of Water Watchers.
Matt Hall invited Mike Davis and Carl Pope to come forward to receive the proclamation. Matt Hall read the proclamation May 2010 Water Safety Month. Water Watchers program. Mike spoke first and talked about the program, stop by a fire station for training, they give you a lanyard and that means you know your the one in charge of pool supervision duty. Carl said program info also available at the Monroe street pool. Pools, hot tubs, etc. Need constant supervision, proper fencing.
4. AB #20,220 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Hi-Noon Rotary Club for the structural elements of the relocation of the Historic Twin Inns Gazebo to Magee Park; and, authorizing the appropriation of donated funds. Resolution No. 2010-101. ACTION:
AB #20,220
Hi Noon Rotary Club donation accepted. Kyle Lancaster came forward to acknowledge the donation and asked club representative Jim Brubaker to come forward. Ribbon cutting ceremony fall 2010. Mr. Brubaker came forward to address council and spoke about the project. Community events will be held in the new gazebo. Great legacy for the whole city. thanked Council and Kyle Lancaster and John Coates parks and rec director for their support of the project. James something or other, didn't get his name. asked council to accept the money as payment for a contract with a company to do the moving of the gazebo. Bricks still available for $100 each. Contact Hi Noon Rotary.
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.
1. AB #20,233 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Initiating proceedings and ordering the preparation of the Engineer's Report; approving the Preliminary Engineer's Report; and setting a public hearing on the matter for June 22, 2010. Resolution Nos. 2010-111, 2010-112, 2010-113. ACTION:
AB #20,233
2. AB #20,234 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2. Initiating proceedings and ordering the preparation of the Engineer's Report; approving the Preliminary Engineer's Report; and setting a public hearing on the matter for June 22, 2010. Resolution Nos. 2010-114, 2010-115, 2010-116. ACTION:
AB #20,234
3. AB #20,219 - ACCEPTANCE OF DONATION. Accepting a donation in support of the Leo Carrillo Ranch Trust Fund; and, authorizing the appropriation of donated funds. Resolution No. 2010-100. ACTION:
AB #20,219
5. AB #20,221 - 2010-2015 CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS. Authorizing the submittal of the 2010-2015 Consolidated Plan to the U.S. Department of Housing and Urban Development. Resolution No. 2010-102. ACTION:
AB #20,221
6. AB #20,222 - AUTHORIZE ADDITIONAL FUNDS FOR COASTAL RAIL TRAIL. Authorizing the programming of additional funds for the Costal Rail Trail, Project No. 3455. Resolution No. 2010-103. ACTION:
AB #20,222
7. AB #20,223 - APPROVE AMENDMENT TO MUNICIPAL STORM WATER PERMIT COPERMITTEE MEMORANDUM OF UNDERSTANDING. Approving the First Amendment to the Memorandum of Understanding between the City of Carlsbad and the Municipal Storm Water Copermittees, NPDES Order No. R9-2007-0001. Resolution No. 2010-104. ACTION:
AB #20,223
7. AB #20,223 - APPROVE AMENDMENT TO MUNICIPAL STORM WATER PERMIT COPERMITTEE MEMORANDUM OF UNDERSTANDING. Approving the First Amendment to the Memorandum of Understanding between the City of Carlsbad and the Municipal Storm Water Copermittees, NPDES Order No. R9-2007-0001. Resolution No. 2010-104. ACTION:
8. AB #20,224 - AWARD OF CONTRACT. Accepting bids and awarding the contract to Atom Engineering Construction for construction of the La Costa Avenue Subdrain, Project No. 3681. Resolution No. 2010-105. ACTION:
AB #20,224
9. AB #20,225 - APPROVE CITYWIDE RECORDS RETENTION SCHEDULE REVISIONS. Approving revisions to the established Records Management Program for the City of Carlsbad. Resolution No. 2010-106. ACTION:
AB #20,225
10. AB #20,226 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of March 31, 2010. ACTION:
AB #20,226
11. AB #20,227 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for repair and stabilization of a road fill failure along the number two land of Carlsbad Boulevard Southbound, southerly of the Encinas Creek Bridge; and, appropriating additional funds, Project No. 6032. Resolution No. 2010-107. ACTION:
AB #20,227
12. AB #20,228 - UTILITY EASEMENT VACATION OVER FILOLI CIRCLE. Summarily vacating a portion of a Public Utility Easement over Filoli Circle in CT 05-13, PR, 09-48. Resolution No. 2010-108. ACTION:
AB #20,228
13. AB #20,229 - EMERGENCY ACCESS AND FIRE LANE EASEMENT VACATION OVER FILOLI CIRCLE. Summarily vacating a portion of an Emergency Access and Fire Lane Easement over Filoli Circle in CT 05-13, PR 09-49. Resolution No. 2010-109. ACTION:
AB #20,229
13. AB #20,229 - EMERGENCY ACCESS AND FIRE LANE EASEMENT VACATION OVER FILOLI CIRCLE. Summarily vacating a portion of an Emergency Access and Fire Lane Easement over Filoli Circle in CT 05-13, PR 09-49. Resolution No. 2010-109. ACTION:
14. AB #20,230 - STREET AND EASEMENT VACATION OVER LAGUNA MESA TRACT 7. Summarily vacating a portion of a Street and Utility Easement over a portion of Tract 7 of Laguna Mesa Tract, Tong Property, STV 09-02. Resolution No. 2010-110. ACTION:
AB #20,230
ORDINANCE FOR INTRODUCTION: This item is continued from the Meetings of April 6, April 13 and April 27, 2010.
15. AB #20,179 - AMEND CARLBAD MUNICIPAL CODE REGARDING QUALIFICATIONS FOR CITY TREASURER. To consider adding Section 2.08.022 to the Carlsbad Municipal Code, establishing certain minimum criteria for eligibility for the elected office of City Treasurer. Introduction of Ordinance No. CS-080. ACTION:
AB #20,179
Mayor said he watched from home. Ron said he can vote. Ron stated that he redrafted the ordinance to reflect the addition of 4 year degree and 4 years of financial work experience.
Ron Ball titled the ordinance and clarified that council wants to approve the version he put forth in his memo dated May 11, 2010. Vote 5/0
ORDINANCE FOR ADOPTION:
16. AB #20,231 - WATER EFFICIENT LANDSCAPE ORDINANCE. Adopting Ordinance No. CS-089, approving a Zone Code Amendment to repeal Chapter 21.220 - Water-Efficient Landscaping of the Carlsbad Municipal Code and a Municipal Code Amendment to add and enact Chapter 18.50 - Water Efficient Landscape of the Carlsbad Municipal Code, ZCA 10-01/MCA 10-01. ACTION:
AB #20,231
This was discussed and introduced so no conversation! vote 5/0
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.
Nicola Bisaild, Beca Dawson, June 11-July 5th, San Diego County Fair. spoke about the fair and discount tickets packages, available at Albertsons. Sammy Hagar, KC Sunshine Band, Switchfoot, Lonestar, Uncle Cracker, lots of bands. Opening day or closing day and thursdays are 7-11 special give away days for first 25k. Pay one price day on wednesdays and thursdays. fridays is penny saver book. Fun performances, musicapolooza, vocal talent search and dance crew search, SD Beer Festival, Envirofair, Fireworks show on the 4th. The train-coaster will run on the 4th.
Rayleen Shimmon, came forward to address Council. She spoke regarding power lines that obstruct her view. Utility views. She wants in the CIP to move up the undergrounding in the priority list of the utilities near her home on Chestnut. Mayor said it's all on the list. Acacia is lower on the list. He said they'd be in contact.
La Costa Avenue safety group. email from Bob Johnson, no funding for arterial road traffic calming measures on LCA. Christine Davis president of that group but not present. NC Advocates blocked for the la costa town square they didn't join in because they believed city would do calming measures. Are we on the list of priorities for funding. Will traffic calming measures be implementing in the Mayor told Lisa to have Bob Johnson report to council in the near future regarding this issue. Hall said stick around and it might come up in the 18.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
May 11, 2010
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
6:34 to CMWD
17. AB #719 - WATER PURCHASE AGREEMENT REVISIONS WITH POSEIDON RESOURCES. To consider approving the amended and restated water purchase agreement with Poseidon Resources (Channelside) LLC. Resolution No. 1397. ACTION:
AB #719
Skip and Glenn will review the presentation (on file in the office of the City Clerk). Agreement from 2004, provide 100% CMWD potable water, anticipated details would follow, eight previous amendments. Purpose of the amendment is to include all the previous revisions into one documents and abcknowledge parties actions. Both parties desired the amendments. Lenders requested the revised language.
SKip is saying all this so far. Guiding principals - quality, quantity, reliability, price, economic benefit and risk. Won't pay anymore than what we would have paid to Metro or County Water Authority for the same volume of water. Risks, born by poseidon, no risk of financing or cost of construction, we only pay for water we purchase. As a result of some changes that weren't anticipated through the course of the earlier agreements, $250/acre foot for the project MWD susidy. that's now in question. SDCWA subsidy up to $200 per acre-foot. CMWD assume responsibility (action/inaction)? That wasn't part of original negotiations. staff recommends something that I missed.
Delivery regime, aug 18, 2009- poseidon deliver 80% cmwd demand, direct delivery to CMWD, Poseidon to contruct 4 delivery points. Defer direct delivery facilities, defer construction of 4 points. then he jumped slides to the location map.
delay consideration of some of the lines. for 5 years because of financing. Defer construction of PAR delivery point. annual water demand is also undergoing some changes.
existing wpa, mas purchase to 28k acre foot. min daily quantity 10 mgd, mad daily 25 mgd. proposed wpa mas purchase 25, 100 acre foot, min 80% pot water demand, reduced min to 8 mgd 30 day/yr. One other provision worth noting, some lenders wanted changes that allows the lender to assume the same rights as poseidon. if they r in breach of contract or default they would have the same rights, cure period, not indefinate.
Fiscal impacts, review this slide and include pertinent stuff. some risks to cmwd. staff recommends adoption of the resolution.
Hall asked slide 5. Resposible for our actions - that's our agency making decisions? Sitting members of the board is skip's answer. Ron clarified - the members sitting at our district would be actions of the district. Keith Solar somebody outside counsel for CMWD with poseidon came forward. That is correct, clearly stated that ***** take this part verbatim.\ Hall then asked, what if what of one of those 2 groups goes away, how would that affect the project? SKip said if the subsidy goes away, then CWA would backstop it. thenone group could opt out. Blackburn - no circumstance metro and cwa that will cause cbad to backstop the project? skip said that' s correct. Mayor said, 9 agencies working together. We hacve no responsibility to backstop? Cbad will assist and support, if no subsidy from cwa? skip said CMWD would not be responsible? Keith outside council said it would not tie our hands
Peter MacLaggen came forward to address Council. Mayor asked water authority is on near verge that we may loose subsidy. if we lose it, if you come and ask us to backfill and the other 8 in the agreement. Will that be a loan or a gimmee? Peter said that about 220 m of revenue coming in to defray the costs. they would lose the 250 per acre foot. record keeping requirements, should they challenge in court of seek to overturn the rate structure they can overturn. if metro said they do away with insentive program, then that is when poseidon would ask for a backfill of those funds.
Blackburn - met says if cwa chalengs their rate structure, then they will cut of the 250 subsidy. Is that legal? Keith council, said he believes it is legal because that was stated in the agreement. Kulchin said, she is concerned about rate payers. it wasn't supposed to cost our rate payers anymore. Jim Elliott consultant to poseidon project. as it stands the rate payers will never pay more than they would have for equal amount of water. that doesn't mean a subsidy continues. listen again. if cmwd took action that would mess up the subsidy would go away, then our rates would increase. what we must do to continue the subsidy is pretty simple. he is comfortable with the way the agreement is written. he says they will not pay more unless this board chooses to do some acton that will cause that to happen.
Glenn said we limited risk that we have control over. risk cannot be transferred. skip said in reso there is a provision regarding metro and being subject to their approval. blakburn, skip, will we'll on the 27th whether cwa will backfill metro. So now were what iffing. we could know at then if they take final action. jim - have outside council talk about what ifs of your yes or no vote. ron ball spelled out some of those what ifs of the action tonight. This is the important part. Mayor asked about delivery points about delaying the 5 points. do we pay for pipes or does posedion? skip the blue line poseidon pays for contruction. they will repay the water rates back based on percentage. they would recive water thru cwa as they r now. poseidon will finance that. cbad will be responsible for paying back capital costa unless other cities use the same pipes. poseidon finances. we pay costs that go into tracking account.
we expect cost of desal to eventually to cost less. mayor to ball - if poseidon decided to sell this project is our agreement still in place? yes, provision in agreement that stipulates water district has approval of any sale. we have first dibs to buy. glen said something else i missed.
ann motiioned. matt second. vote 5/0
adjourned 7:15
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
18. AB #20,232 - CAPITAL IMPROVEMENT PROGRAM BUDGET PRESENTATION. To receive the presentation on the Preliminary Capital Improvement Program, including information regarding the current status of all capital funds, capital construction budgets, development projections, revenue projections and expenditures for the 2010-2011fiscal year and for all known projects until buildout of the City; and setting a Public Hearing for June 29, 2010. ACTION:
AB #20,232
Judi Vincent staff recommendations for CIP.
the city's projects support council goal to support infrastructure. only council action for tonight is to set the public hearing. june 8 operating budget workshop. june 10 public meeting with overview of the cap and operating budget. meeting originally scheduled for 5 moved to 6. more info available in finance 602-2430. evaluates projects based on priority ranking criteria, availability of resources and construction schedule.
several critiria evaluation, health and safety, compliance with legal mandagtes council top priorities, operationc ost impactes, economic uncertainty. this shows that while council funds some projects, some projects are deferred until operation costs are also available. staff also prepares estimates of new facilities. some construction still going on but much less because we are nearing build out. funding sources of capital projects: development fees, special districts, utility infrastructure replacement, infrastructure replacement, other sources.
replacement funds 270 mill dollars, that 48% of total future capitals. 250 existing projects planned through buildout. funding thru sources just discussed. fiscal year 2010-11 the largest portion comes from city of vista for part of their reach and lift station payments. 58million requested for appropriations for vista/cbad sewer projects. new appropriations of 235 million capital projects budget, jfrtf and el camino widening project.
Marshall spoke about new projects: park project, pine avenue project this is phase one into a garden setting. park in lieu fees, landscaping around project area. drainage, kelly drive channel replacement no funding in this budget 1.79 million in the program but not needind funds for the whole thing this year. sewer buena vista lift station improvements N. no appropriations this year, but in 11-12 FY. costs shared with city of vista. only have to fund 10% because we only own that much of the project. NCTD Row sewer utility protection. provides protection of those sewer facilities. water - santa fe ii reservoir site improvements, park drive waterline and street improvements, NCTD Row Water utilities protections. 80k dollars Recycled Water, Palomar Business Park recycled water pipelines. Transportation projects. Traffic signals along La Costa confirmed the question during public comment. 5 signals along la costa approved in this next years budget. Armada drive at fleet street south. slope stabilization on batiquitos drive. traffic management center, traffic impact fee update, street name sign replacement, retro-reflectivity sign replacement. Unfunded mandates: that's street name sign replacement. speed limits determine the requirement of larger street name signs. also part of retro reflectivity sign replacement. has to be implemented in the next 8 years. asks for funds in the next 6 years.
Projects of interest: Fire Station No. 3 relocation. environmental, design, and park coordination. 150k dollar master plan work on the Robertson ranch. proper coordination so all projects will work together. Hydro electric energy generation, design report, final design, energy generation.
Recycled water palomar business park, new customers, 43 million gallons/ year. cbad blvd realignment, additonal 3mil in transnet funding. Traffic Management Center, automated system, improve the flow, efficiencies.
Judi stated again about the upcoming citizens' budget workshop 6-10-10. council action is setting public hearing.
Kulchin asked about vista and pump station. what do we do if the other city said they don't have the money? lisa said it hasn't happened if we couldn't fix it with working with that city then we have legal recourse. Hall - page j3, AH channel, all money been appropriated, where are we on that project? MP said yes, design is about completed, still working on permits to start contrustion. remaining task it wetland mitigation area. working with property owner to mitigate which is required inthe permit. there are 5 future appropriations that would provide for the monitoring and establisment of the mitigation area. Hall- review la costa avenue, how many stop lights? money appropriated for this year. Judi said yes 5 lights and funding ready for 3 of those. Hall when will that take place? MP said begin in 2010-11. Levante and La Costa is conditioned on LCTown Square development. The other 5 are funded in 2010-11. Blackburn, larger CIP projects, how do the residents have imput on what is a higher priority? Judi, all questions from citizens are recorded and given to council so they know what the residents are asking for. Judi said if a resident has specific concerns about project priorities, then the budget workshops are the right venue to express. they have to go to the workshops so council can get the info and respond. packard - prop c projects? judi 35 mil (GET THE SLIDE FROM JUDI ABOUT PROP C PROJECTS) not programmed for specific projects. Hall - undergrounding utilities? MP money gathered by sdge for undergrounding. havve been priority list identified. working on some now but when u do roadway improcement project then you do the utitliy undergrounding then. Lewis - station 3 relocation. do we use the same design and architect or do different each time? MP said he doesn't know if they use the same design, they are similar but not cookie cutter. Lisa said we can't use the last plans because of the lot, the one before that ws so long ago it would need to be updated because of the code changes. we build so rarely but we do try to use info from one to the next. mayor ar we building 2 more? Kevin Crawford said yes, 3's relocated and 2's in la costa will need to be rebuild. it's small and no longer fits the needs. need to have someone come into see if they can remodel to meet the needs. but that's all he's prepared to say now. Lisa, clafiry, LC traffic calming measures is not complete yet. studies being done, signals in the cip but more info will be coming in the next few months.
Speaker Ernie Trujillo: came forward regarding CIP. la costa safety committee. landscaping included with signals in CIP? he says council should go one step further wants it included with what's going on on Donna and Sierra Morena. Asked for additional landscape to beautify the area. accepted report and set the public hearing for 6-29-10.
adjournemtn 8:04
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.
Link
Start video at
Social
Embed
<iframe title="Swagit Video Player" width="640" height="360" src="https://carlsbadca.new.swagit.com/videos/126967/embed" frameborder="0" allowfullscreen></iframe>
Disable autoplay on embedded content?
Download
Download
Download Selected Item
