HomeMy WebLinkAbout2007-05-16; City Council; MinutesCITY OF CARLSBAD CITY COUNCIL WORKSHOP
SPECIAL MEETING
Faraday Administration Offices
1635 Faraday Avenue
Room 173A
Carlsbad, CA 92008
Wednesday, May 16, 2007
Minutes
CALL TO ORDER: 11:00 a.m.
ROLL CALL: Lewis, Kulchin, Hall, Packard, Nygaard.
1. Council discussion on Council Member reports on regional roles and assignments:
Nygaard - No report.
Packard - No report.
Hall - No report.
Kulchin - Reported on EWA meeting May 16, 2007.
Lewis - Reported on County Water Authority settlement with Imperial Irrigation District.
2. Presentation and discussion of Guiding Principles for a Sustainable Community.
Sr. Management Analyst Joe Garuba presented a report from the Carlsbad
Environmental Resources Management Team (CERMT) regarding Guiding Principles.
(A Memo dated May 4, 2007 from team leader Jim Elliott and presentation materials are
on file in the Office of the City Clerk.) Mr. Garuba discussed the background of the
team, areas to be covered for Council, and the purpose of the guiding principles. He
presented the six "Recommended Sustainability Guiding Principles" and the seven
"Recommended Environmental Guiding Principles".
Council Members gave Mr. Garuba input regarding the concepts of a balanced
community. Mayor Lewis indicated that the principles need citizen participation and
input. He asked for a diverse point of view.
In a discussion of waste recycling, Council requested that Assistant City Manager Lisa
Hildabrand return with more information regarding waste programs.
Roundabouts and solar power were discussed by Council. Council concurred that the
CERMT should return to a Regular Council Meeting for a presentation on the guiding
principles.
The Mayor called a recess at 11:53 a.m. and all Council Members returned to the
Special Meeting at 12:02 p.m.
City Council Special Meeting Workshop - May 16, 2007 2
Council concurred to hear item number four at this time.
4. Presentation and discussion of powers and duties of general law and charter
cities.
John Witt, former San Diego City Attorney, President of the League of California Cities
and Municipal Lawyers Association spoke to the Council regarding the pros and cons of
Charter Cities. City Attorney Ron Ball distributed a memo dated April 9, 2007, from
Legal Intern Kelly Vierra, regarding General Law City vs. Charter City and a chart
entitled "Pros and Cons of Carlsbad as a General Law City vs. Carlsbad as a Charter
City". The Mayor distributed an editorial from the North County Times, dated May 16,
2007, entitled "Vote to Make Vista a Charter City". In addition, a copy of the Voter
Information Pamphlet of the City of Vista Prop C "City Charter of the City of Vista" was
distributed. (All of the items listed are on file in the Office of the City Clerk.)
Mr. Witt noted the following advantages of a Charter City:
1) Freedom from prevailing wage standards.
2) Streamlining of procedures in public financing.
3) Greater control franchising public utilities.
4) Allows profit making enterprises for public benefit.
5) Greater protection from incursion by the state in municipal affairs.
Mr. Witt noted that any ballot measures should be drawn up in a clear and simple
manner.
In response to Mayor Lewis Mr. Witt discussed the relation between the State
Legislature and Charter cities.
Council discussion ensued regarding Charter City drawbacks, taxes, costs of setting up
a Charter and setting fees. Mr. Witt noted that a Charter gives a city flexibility to reduce
costs.
Council agreed that more information was needed in addition to public input. The
following was requested by Council: more economic analysis; information from San
Diego County Charter Cities such as Chula Vista, San Diego, Del Mar, and San
Marcos; and arguments against Charter Cities adding balance to the current discussion.
Council concurred to hold another workshop regarding Charter Cities in the future.
The Mayor called a recess at 12:42 p.m. and all Council Members returned to the
Special Meeting at 12:50 p.m.
3. Library presentation and discussion of a Balanced Scorecard.
Library Director Heather Pizzuto reported to Council regarding the Library's Balanced
Scorecard 2005-2006. Ms. Pizzuto explained the history and purpose of the Balanced
Scorecard. She reviewed the perspectives, targets and results. She asked for the
Council's feedback regarding the Scorecard, its use and results.
City Council Special Meeting Workshop - May 16, 2007 3
4. Presentation and discussion of powers and duties of general law and charter
cities.
(This item was taken out of order for discussion.)
5. Receipt and discussion of Planning Commission comments and concerns
regarding development processing, procedures, and other land use issues. No
discussion.
6. Discussion of Council efficiency and effectiveness including impact of regional
assignments with regard to contact with other Council members, decision and
policymaking, serving the community and effective methods of feedback. No
discussion.
7. City Manager review of goal and major project tracking report and update
discussion of Council goal setting process and discussion of capacity and
effectiveness in the delivery of City processes and services. Assistant City
Manager Lisa Hildabrand distributed the May 9, 2007 Projects and Initiatives
spreadsheet. She noted that on item number five the wording was changed from
Beach Preservation to Beach and Lagoon Preservation. Council discussed format
changes within the spreadsheet. (This spreadsheet is on file in the Office of the City
Clerk).
8. Discussion of feedback, communications or correspondence on issues for the
good of the community, including directions to the City Manager or City Attorney,
as appropriate, for the scheduling of items for future agendas, workshops or
study sessions. No discussion.
9. Public Comment. None.
Mayor Lewis stated that City Manager Ray Patchett would be scheduling a Workshop
regarding the Fire Department in the near future.
ADJOURNMENT
The Mayor adjourned the meeting at 1:14 p.m.
Lorraine^. Wood, CMC
CITY CLERK
% Recommended Sustainability Guiding Principles ^
"% • Being a Model Community ^
^ Carlsbad desires to be a model community by creating a sustainable, high quality of ^
life for those who live, work and play in the City. %
^ • Creating a Sustainable System - Social, Economic and Environmental ^
^ Factors are Interdependent ^
^ Sustainability is based on achieving a long-term balance between Social, Economic ^
% and Environmental needs. ^
% • The Participation of Carlsbad Citizens is Vital to Its Success ^
W The City recognizes that it takes the collective efforts of our citizens, including the <jj£
; private sector, residents, non-profit groups, the faith community, and others who ^
^ live, work and play in Carlsbad, to make its vision a reality. Citizens have a ^
j? responsibility to be informed, involved, and engaged in the development of their %>
m community. %
1 %
% • A Proactive Approach to Sustainability Guides City Policy ^
% Carlsbad is committed to proactively addressing existing and potential community &
% needs without compromising future generations. The City encourages staff to -S
^ participate in research opportunities that may further its goals of creating a ^
'/ sustainable community. %
^ • Carlsbad Recognizes the Local as well as Global Impacts of Decision %
^ Making J^
% Local social, economic and environmental issues cannot be separated from the %
% bigger picture. Carlsbad recognizes the interconnectedness of citizens, associations, 3
% and communities; and the fact that what one community does may have a profound ^
^ impact on another. ^
«i» ^^• Developing a Sustainable Community is Based on Employing Cost- %
Effective Programs %
• The City recognizes that both financial and staff resources are limited; therefore, %
^ those programs and activities providing the highest benefit to the community and %
« representing best-cost solutions should be considered. ^
% Recommended Environmental Guiding Principles ^
^ • Ethic of Conservation m__ ^»
• Carlsbad supports the ethic of conservation of non-renewable resources. This %
includes efforts to reduce the use of energy (in any form), greenhouse gas (GHG) %
_ emissions (consistent with AB 32) and to find new and more energy efficient %,
^ methods for delivering services. The City supports the development of building %
^ standards that enable the community to design energy saving features such as solar ^
% energy systems, water efficient landscaping, and Leadership in Energy and ^
% Environmental Design (LEED) standards into both public and private buildings.
*> %% • Clean Air and Water ^
^ The City supports the development and protection from pollution of Carlsbad's air ^
T quality, creeks, lagoons, ocean, and other natural water bodies. Carlsbad supports %.
^ programs that will ensure that all water bodies within the City are safe and clean, 1|
— and where possible, open to the public at all times. Furthermore, the City supports %
•^ activities that result in clean air for those who live, work, and play in Carlsbad. %
% I
% • Diverse and Drought Resistant Water Supply ^
% Carlsbad's future depends on being able to provide a sustainable supply of water to ^
% the community. Carlsbad supports the creation of a diverse water supply, including ||
% desalination, recycled and reclaimed sources, water conservation programs, and ^
^ drought tolerant landscaping. ^
1 %
^ • Protection, Preservation, and Restoration of the Natural and Human- ^
m made Environment %'ijii% Carlsbad is committed to protecting, preserving and restoring its natural and ^
% human-made environment. The City recognizes the importance of intact
% ecosystems as part of a healthy environment and will continue to protect open space ^
^ and enhance habitats and bio-diversity. The City also supports the creation and i.
^ maintenance of open spaces that are accessible to the public for both active and ^
^ passive use. ^
I *,_ • Waste Reduction and Recycling %
™ • Carlsbad supports programs that manage the overall waste stream of the City and ^
^ that maximize the amount of waste that is recycled by its residents, citizens and ^
•^ businesses. The City promotes the ability to quickly and conveniently dispose of ^
T^ hazardous waste.
:
Ik • Efficient Transportation and Low Emission Fuel Sources
"% The City believes that effective traffic management is an important element
^ affecting the quality of life within Carlsbad. The City supports programs that
^ optimize the flow of traffic, the use of low-emission alternative fuel vehicles, and
the increased availability and use of mass and other non-automotive modes of
_ transportation. The City encourages participation in research programs designed to
.. test and improve alternate fuel vehicles.
^% • Sound Procurement Decisions
*% The procurement of products and services by the City, its residents, businesses and
% institutions result in environmental, social and economic impacts both in this region
% and the country. Where possible, Carlsbad's procurement systems should support
% the use of recycled materials, products with low carbon footprints (low use of 4L
^ carbon or GHG producing products in the manufacture, installation, maintenance, %
or disposal of the product). %
- %,ik . ,~
•"fr ^^
: I
^ I
-
5/16/07
%
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May 14,2007
TO: CITY MAN ACER \
FROM: Administrative Services DirectoT1
REPORT OF CERMT ACTIVITIES THROUGH APRIL 2007
When the City formed the Carlsbad Environmental Resources Management Team (CERMT) in
January 2007, it was given direction to focus its work in five areas: 1) developing a set of
guiding principles, 2) improving the City's storm water management systems, 3) completing the
implementation of the Habitat Management Plan (HMP), 4) investigating and taking appropriate
action in the area of energy programs and policies, and 5) moving the desalination project along
by providing whatever assistance might be necessary from City staff.
The team promised an update to Council in March to be followed in May with recommendations
for further action where necessary. Although this status report has been delayed due to a number
of events, progress has continued in each area. Council has received a recommendation from
CERMT regarding the creation of both sustainability and environmental guiding principles under
separate cover. This report provides the Council with a brief summary of the status of each of
the remaining four areas of activity, and where necessary asks for Council guidance or action.
The following sections review the current status of the storm water, HMP, energy, and
desalination programs.
I. Storm Water Program Update
The creation of the Environmental Resource Management Team, with a focus on Storm Water,
has significantly raised the visibility of the program with staff and management. Storm water
staff in various city departments has had the opportunity to increase training, formalize
recordkeeping, and improve involvement of staff at all levels to ensure improved compliance
with the permit. There are several areas that the City has focused on over the past few months
that should be noted in this update.
The New Permit
The Regional Water Quality Control Board (Board) adopted the new storm water permit on
January 24, 2007. The City has one year to develop a new Jurisdictional Urban Runoff
Management Plan (JURMP) to communicate to the Board our plans for complying with the new
requirements. Additionally, there are a number of requirements to work cooperatively with other
jurisdictions in our Watershed as well as on a Regional basis with the 19 Copermittees on water
quality monitoring, outreach and education, fiscal reporting, effectiveness assessment of our
programs, and standardizing regional reporting.
Staff is currently analyzing the permit and developing a work plan and proposed budget to
ensure we meet the requirements. A full plan will be presented to Council as part of the 2007-08
budget process.
Page 1 of9
Jurisdictional Activities
• The Public Works Director (PWD) followed-up with Board staff regarding our response to
the November 29, 2006 Notice of Violation (NOV). This NOV was in relation to the City's
04-05 Annual Report that was submitted to the Board in January 2006. The NOV focused on
industrial site inspections and construction site inspections. We believe we were in
compliance with the permit in these areas and staff has requested a formal review of the
NOV for retraction.
In conversations with Board staff, they assured the PWD that no further action was going to
be taken against the City in the form of fines. Board staff also stated that the NOV would not
be retracted. City staff is currently pursuing this issue with Management at the Board.
• In January, 2007, the Public Works Department responded to a second Notice of Violation
and request for a Required Technical Report issued on December 22, 2006 regarding private
development projects. In following up with Board staff regarding their response to our
documents, we were told they could not commit to a timeline when they would be able to
respond as they have other priorities at this time. City staff will continue to pursue a formal
response from the Board.
• In preparing the Required Technical Report (RTR), we discovered some opportunities to
improve our operations. As a result, we developed a team of storm water inspectors who are
focusing on 1) conducting the required storm water inspections as part of the building permit
process; 2) working with our construction inspectors to improve their skills and knowledge in
this area, and 3) improve required record keeping.
Watershed
City staff is pursuing the possibility of assuming the lead role for the Carlsbad Watershed. The
City of Encinitas has taken the lead for the past five years and has notified the other cities in the
Watershed that they are no longer interested in this role. City staff is projecting an additional
workload of approximately 20 hours/month or 240 hours annually of Storm Water Protection
staff time. City staff is recommending we pursue this opportunity for several reasons.
First, assuming the lead role for our Watershed will fulfill the requirement under the new permit
for mandatory participation in regional workgroup activities. Second, the Lead will
automatically be placed on the Regional Executive Steering Committee. This is a new committee
that is a subgroup of the overall Copermitee Management Group. The Steering Committee will
be responsible for strategic planning, directing work, and overseeing the sub-workgroups. This
committee is only open to watershed leads and will play a key role in developing the priority
work for the next five years. Third, the City of Carlsbad drains into 3 coastal lagoons and
receives runoff (with or without pollutants) from all other portions of the watershed. Therefore,
it is in the City's best interests to lead watershed efforts since we are highly impacted by other
upstream jurisdictions' activities or lack thereof.
TMDL Investigative Order
The 10 requires a complex, broad sampling criteria for a period of one year, starting September of 07. Data
collected will be turned over to a Board contracted modeler, for creation of the TMDL.
Page 2 of 9
Affected stakeholders have formed a working body, and are currently assessing the costs and scientific
appropriateness of the Order. Several intensive, facilitated scoping meetings have occurred in the last 4
months with City staff participation. Estimated costs for the Order are between S1.7M-3M, with
Carlsbad's share between S250K-450K. The Stakeholders are currently circulating a MOU including
draft costs for Council approval as soon as possible.
II. Status of HMP Implementation
The City of Carlsbad adopted its Habitat Management Plan (HMP) in 2005. In order to fully
realize the benefits of the HMP, the City has pursued a number of measures to ensure a
successful program. While many of these measures have been completed, staff continues to
work on its full implementation. Attached is a schedule of the significant efforts and the
projected completion dates. One area of uncertainty in the implementation process has been the
coordination with the various resource agencies, especially the California Coastal Commission
(CCC). While the working relationship has been positive, there are a number of items that the
City has submitted to CCC that still require action (outlined below).
Significant Milestones and Outstanding Issues
The HMP Mitigation Fee program, approved in January 2006, is operating and fees have been
established and collected for HMP permits and amendments.
In August 2006, the City entered into an agreement with TAIC to fill the role of the City's
Preserve Steward. The Preserve Steward continues to provide biological analysis and HMP
compliance support to the City and has started to meet with Preserve Managers regarding their
specific management and monitoring efforts. This three-year contract includes one-time and
ongoing responsibilities, including the preparation and development of an Annual Report.
March 2007 marked the release of the first HMP Annual Report. A second Annual Report is
being prepared and is expected to come before Council in late summer 2007.
Included in the HMP is approximately 600 acres of habitat that is City owned. In order to
properly maintain and preserve this land, the City has begun negotiations with the Center for
Natural Lands Management (CNLM) to serve as the Preserve Manager for this land. A draft
Preserve Management Plan was received in January 2007 and is under review. Staff anticipates
bringing forward a contract for Preserve Manager services for Council's authorization before the
end of the current fiscal year.
Per the HMP, there were a number of required General Plan text and map amendments that
needed to be adopted. These have been processed and approved by the City. For those
geographic areas that fall within the coastal zone, they have been forwarded to the CCC and are
awaiting its approval. Once this occurs, there will be a consistent application of the HMP
city wide.
The HMP Implementing Ordinances and Open Space Management Plan have also been approved
by the City and have been submitted to CCC for its consideration as well. The City continues to
work with CCC to ensure their timely approval of these items.
Page 3 of9
The City has been working to establish the Lake Calavera Mitigation Bank, which would serve
future City projects. After several meetings with the California State Department of Fish and
Game (DFG), staff is awaiting DFG's direction and requirements for the mitigation bank
agreement.
One of the requirements of the HMP is a public outreach component. Along with the Annual
Report, the City is in the process of developing an HMP website. This website would serve as a
repository for a variety of documents and provide a valuable educational tool for the community.
The website is anticipated to be completed by summer 2007.
One of the outstanding questions is the overall cost and funding mechanism of the HMP. Staff
has prepared a Budget Program Option which will be included for Council's review in the
upcoming budget hearings. This Program Option includes funding for a variety of activities,
including the Preserve Steward, the Preserve Manager, and public outreach.
Finally, the City continues to work with state and federal wildlife agencies to develop effective
habitat enforcement procedures and penalties.
As is generally the case with major policy decisions, there has been a significant amount of
follow up work relating to the implementation of the HMP. Staff continues to work with the
various agencies to ensure a complete and successful execution of the program.
III. Energy Update
The subject of energy has proven to be much broader and more complex than originally
anticipated. From the CERMT perspective, energy includes all issues related to 1) the use and
conservation of electricity, natural gas, and fuel for vehicles and equipment, 2) the emission of
greenhouse gases (GHG) resulting from the consumption of energy, 3) compliance with AB 32,
the state's Global Warming Solutions Act of 2006, and participation in the committees and
organizations that will shape California's energy policies for local government, 4) power
generation and transmission issues affecting San Diego County, and 5) the future of the Encina
Generating Station.
Properly covering each of these subjects would require considerably more depth than is intended
for this report. Instead, for the purposes of this briefing, staff will touch on the high points of
each subject. Further detail can be made available to the Council in any subject area if there is
an interest in going deeper.
• Use and conservation of electricity, natural gas, and fuel - The use of energy, regardless of
the form in which it is received, is the focus of discussions at the local, regional, state,
national and global level. For Carlsbad to be properly prepared to participate in these
discussions, and to have a sufficient understanding of the part Carlsbad may play, CERMT
must understand the City's consumption of resources and conservation efforts. This work is
related to the GHG issues discussed below.
• Emission of greenhouse gases (GHG) - Carlsbad, and other local governments in California,
are anticipating the release of regulations from the California Air Resources Board (CARB)
governing the emission of a number of gases resulting from the burning of fossil based fuels.
These regulations will be a result of work being done by a number of agencies, including the
Page 4 of9
California Public Utilities Commission (CPUC), California Energy Commission (CEC), and
the California Environmental Protection Agency (CalEPA).
Carlsbad, and a number of other cities, have chosen to become active players in the
discussion about GHG reporting and regulations by joining the California Climate Action
Registry (CCAR), a group designated by AB 32 as the agency responsible for collecting and
certifying the accuracy of data related to GHG emissions. By being an early participant,
Carlsbad can gain a "seat at the table" during discussions about how GHG data will be
collected and reported. Carlsbad can also gain a deeper understanding of its GHG emissions,
and be better prepared to take action to reduce emissions as regulations are created by the
state.
Carlsbad has not yet created a GHG inventory, however staff has reviewed the process used
by the City of Santa Barbara, and may elect to use this as a model for our inventory process if
the Santa Barbara report is certified.
One of CERMT's goals is to assure that Carlsbad receives credit for the conservation efforts
that have already gone into place such as lighting retrofits, HVAC improvements, and the
addition of hybrid vehicles to the City fleet.
• Compliance with AB 32 - The implementation of AB 32 is a hot topic at all levels of
government in California. The state legislature, and Governor Schwarzenegger, through AB
32 have mandated that the state reduce GHG emissions to 1990 levels by 2020. How this is
to be accomplished is still to be decided. And, how these mandates will be placed upon local
governments, businesses, and citizens is also still to be decided.
What is clear is that Carlsbad, and a number of other cities, have taken the position that it is
better to be part of the conversation as these mandates are developed than to sit on the
sidelines and wait to see what develops. Carlsbad, and a number of other cities, and joined
the California Climate Action Registry, the agency charged by AB 32 with collecting,
reporting, and certifying data related to GHG emissions. In addition, Carlsbad, through
CERMT, continues to be active in the Local Government Commission (LGC). The LGC has
taken a very active role in the discussion of GHG emission, and climate change issues at the
state level, and will be an important voice for local government in the many hearing
processes to come where AB 32 implementation will be debated.
A detailed review of state actions addressing the implementation of AB 32 and the state's
concerns over climate change are covered in more depth in the attached memo dated March
28, 2007.
• Power generation and transmission - The debate over GHG emissions flows over into the
complex field of power generation and transmission. As SANDAG debates the virtues of the
Sunrise Power Link, and the development of in-basin generating capacity, the questions of
the role of renewable resources, and the use of fossil fuel to generate power become more
defined. CERMT is working to understand these issues, and to better understand the power
industry in general. At this point, CERMT has found that the power industry is very complex
• Encina Generating Station - NRG, the owner of the Encina power plant, has proposed (or
will propose) to sell power to SDG&E from new generating capacity that may be constructed
Page 5 of9
on the Encina power plant site. This new capacity would be constructed between the railroad
and 1-5 in the area currently occupied by four large oil tanks. Whether this generating
capacity will be constructed, and the amount of any new capacity, is dependent on the results
of the proposal to SDG&E and any subsequent negotiations.
NRG's proposal to develop generating capacity on the Encina site is of interest to the City in
a number of ways. The future of the existing Encina power plant and the Encina property in
general, has an effect on the City's tax base, air quality, and land use patterns, just to name a
few. In short, this project is directly connected to the City's social, economic and
environmental sustainability. CERMT will continue to monitor this project and will report to
Council as events unfold.
IV. Desalination Update
In September 2004 the Carlsbad Municipal Water District (CMWD) Board of Directors
approved a water purchase agreement with Poseidon Resources that allows CMWD to purchase
100% of its annual water supply from the proposed desalination plant, to be located on the
Encina Power Station property. This action by CMWD set in motion a series of events that may
eventually lead to the creation of a reliable, affordable supply of potable water for the
community. In the face of shrinking snow pack in northern California, increased competition for
Colorado River Water, and a growing southern California population, this act of political
leadership, and community stewardship by the CMWD board is beginning to attract attention
from water boards across San Diego County.
As of the date of this report, Poseidon Resources has agreements in place with a total of four
agencies (including CMWD), with a total subscribed water distribution of 35,900 Acre Feet (AF)
out of a total capacity of 56,000 AF per year. Talks continue with three additional agencies
interested in contracting for an additional 15,000 AF per year. If signed, these agreements bring
the total water subscriptions to about 50,900 AF. Several other agencies have expressed an
interest in contracting for water in amounts that could result in total subscriptions for water
distribution exceeding the annual available supply. The table below summarizes the signed and
pending agreements to date:
Water District
Carlsbad Municipal Water District
Valley Center Municipal Water District
Rincon Del Diablo Municipal Water District
Sweetwater Authority
Olivenhain Municipal Water District
Santa Fe Irrigation District
Rainbow Municipal Water District
Total existing and pending subscriptions
Date
September 2004
December 2005
March 2006
January 2007
Pending
Pending
Pending
Amount
22,000 AF
7,500 AF
4,000 AF
2,400 AF
5,000 AF
2,500 AF
7,500 AF
50,900 AF
Carlsbad City Council gave final approval to the EIR and Site Development Plan for the project
on June 13,2006.
Poseidon Resources has applied for a Coastal Development Permit from the California Coastal
Commission (CCC) three times. Each time, their application has been deemed incomplete by the
Page 6 of9
CCC staff (September 2006, December 2006 and February 2007). Poseidon is currently working
on preparing the next submittal to the CCC. If accepted by the CCC staff, the project could be
before the Commission for consideration in November 14-16, 2007. If the Commission does
not consider the project at its November 2007 meeting, the next opportunity for a southern
California meeting would be Spring 2007.
Poseidon has continued with project development by hiring the design and construction team.
The team members include American Water (a firm with considerable water system management
experience), Acciona (a Spanish construction firm with desalination experience), Filanc (an
Escondido based construction firm with water system experience), and PBS&J (a San Diego
based engineering firm responsible for the design of the facility).
Council and Staff have been supporting the Poseidon efforts where possible, including seeking
design and construction funds for distribution pipelines. This work will continue at both federal
and state levels as the project works its way through the CCC and into the construction phase.
Obtaining the MWD $250 per AF subsidy, federal support for pipeline construction, and state
support for project approvals, permits will remain at the top of the work program for the
foreseeable future.
V. Summary
CERMT's work has been focused on five areas - developing a set of guiding principles, storm
water, Habitat Management Plan implementation, energy, and desalination. The team has been
successful in highlighting the importance of these areas of environmental sustainability, and in
furthering the Council's goal of creating an environmentally sensitive community. This report
provides an overview of the activities of CERMT during the past few months. However, it is
clear that the team's work has only begun.
Although the City of Carlsbad is already investing time, money, and energy in improving the
community's environmental sustainability, there are many opportunities for further action when
the City is ready to invest additional resources.
CERMT recommends that the City Council consider the following actions:
• Continue its investment in creating an environmentally sustainable community. The
programs listed above are examples of this investment in sustainability.
• Follow the lead of business and industry in implementing programs that have resulted in
a positive net present value (pay-back) to the corporation.
• Participate in research and development efforts that test new technology, practices, or
products in an effort to help define the best practices of the future.
• Continue high profile participation in state and regional agencies that will be setting
public policy related to environmental programs of the future.
• Develop guiding principles related to both Social and Economic Sustainability.
Carlsbad has continually been a model community for the region, state and nation. The
Council's focus on creating a high quality of life for Carlsbad's residents, businesses and visitors
has resulted in a community that is second to none.
As Carlsbad shifts from its growth period into the years of sustainability, the community's
success will depend on its ability to balance the three components of the sustainability formula.
Page 7 of 9
The work that the Council has allowed CERMT to do in the past four months has provided the
important first steps in understanding the environmental portion of the formula. Continuing this
work, and investing time in developing a deeper understanding of the Social and Economic, will
help ensure Carlsbad's long term sustainability, and success.
Attachments:
1. Draft Schedule for Habitat Management Plan Implementation - February 2007
2. State Actions to Address Global Warming and Implications for the City of Carlsbad
March 28, 2007
Page 8 of9
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May 14,2007
TO: City Manager '<^,.-
From: Administrative Services Director
ERMT UPDATE AND REVIEW OF PROPOSED SUSTAINABILITY GUIDING
PRINCIPLES
In January 2007 the City authorized the creation of the Carlsbad Environmental Resources
Management Team (CERMT), to improve the City's management of a number of environmental
initiatives. Although the full work program for the team is still under development, the team has
focused its initial efforts on a number of areas including storm water management, energy and
greenhouse gas (GHG) emissions, desalination, and completing implementation of the Habitat
Management Program (HMP). The purpose of the team is to help the City realize its overarching
goal of creating a healthy and vibrant city that will be sustainable for generations to come.
Historically, Carlsbad has recognized that sustainability depends on a number of factors which
fall into three general categories:
• Social Sustainability - the creation of places where people live, work, play and come
together in social interactions.
• Economic Sustainability - the creation of an economic system that provides the necessary
fiscal resources for the community and the government to be financially healthy.
• Environmental Sustainability - the care and stewardship of the environment and the
interface between people and the natural and constructed open spaces that contribute to
the overall health of the community.
The City has also recognized that emphasizing the success in one facet of sustainability at the
expense of another would weaken the chances of creating a community that is viable far into the
future. Managing the long-term balance between the three categories, although tricky at times to
achieve, is the goal.
Guiding Principles
Based on a broad range of research and evaluation of environmental and sustainable programs
across the country, the Environmental Resource Management Team is proposing that Carlsbad
formally adopt an overarching set of Guiding Principles that clearly enunciates the City's desire
to pursue a sustainable community.
Before considering the adoption of a set of guiding principles (described in more detail below), it
may be helpful to review of some of the prior effort the City Council has invested in defining
Carlsbad, and its vision, values and goals.
Carlsbad has a long history of creating visionary language that has provided guidance to Council,
staff, and the public regarding future actions. This language is evident in documents such as
Council's Five Year Vision Plan, Strategic Goals, Growth Management Plan and the guiding
principles which were developed through the Connecting Community Place and Spirit (CCPS)
process. Ultimately, these help identify and reinforce the qualities of life that we have come to
enjoy in the City of Carlsbad.
Page 1 of 5
Council Goals and Five Year Vision
Tlie City Council has adopted 10 strategic goals that guide the City in its efforts to provide top
quality service to the community. Within these goals, the concept of creating a balanced and
sustainable community is emphasized a number of times, as shown in the following strategic
goals:
• Balanced Community Development - A city that connects community, place and spirit,
through balanced and economically sustainable land uses. (Social Sustainability)
• Environmental Management - An environmentally sensitive community by focusing
on: conservation, storm water, sewage collection and treatment, solid waste, and cost
effective and efficient use of energy including alternative energy sources. (Environmental
and Economic Sustainability)
• Financial Health - Pursue and implement proactive strategies that support sustainable
economic health and manage fiscal resources effectively. (Economic Sustainability)
• Parks/Open Space/Trails - Acquire, develop and maintain a broad range of open space
and recreational facilities that actively address citizen needs which are fiscally
responsible and are consistent with the General Plan and Growth Management Standards.
(Social, Economic and Environmental Sustainability)
• Water - Ensure, in the most cost-effective manner, water quality and reliability to the
maximum extent practical, to deliver high quality potable and reclaimed water
incorporating drought-resistant community principles. (Social, Economic and
Environmental Sustainability)
• Transportation/Circulation - Provide and support a safe and efficient transportation
system that moves people, services and goods throughout Carlsbad. (Social, Economic
and Environmental Sustainability)
In addition to these strategic goals, the City annually updates its five year vision. This vision
statement helps to further define the picture of the community the City is striving to create.
Carlsbad's vision includes a number of points that are instructive in shaping the organization's
environmental efforts for the coming years.
Below are a few components of the vision that are particularly important:
• Policies and decisions are based on what is best for Carlsbad
• Carlsbad assumes a leadership role in local and regional planning, including issues that
are relevant at the local, state, and national levels
• The City manages its environment proactively
• The City is committed to delivering top quality services
• The City supports efficient transportation systems
• The City looks ahead and works to anticipate changes to make a better future for its
citizens
Language contained in the vision and goals are helpful in defining the services delivered, and
quality of the community the City wishes to build and sustain. However, in order to provide staff
with clear guidance, CERMT is proposing that the Council adopt a general set of Guiding
Principles specifically related to Sustainability. These principles would be a series of statements
and/or behaviors that would guide the activities and recommendations of staff in implementing
the City's vision. Additionally, each of the major components of Sustainability (Social,
Page 2 of 5
Economic, and Environmental) could have a corresponding set of principles that would steer the
City's work in each area.
A benefit of this approach is that Carlsbad could adopt a set of cohesive statements that are
consistent and help align the intent of the organization. The result would be clarity in direction,
with the primary outcome being a community where social well-being is supported by a vibrant
economy and sustained by a healthy environment
At this time, CERMT recommends that the Council adopt two sets of principles. The first is a set
of principles that define the Council's goals with regard to creating a sustainable city. The
second is a set of more specific Environmental Guiding Principles.
CERMT further recommends that the Council direct staff to return with a set of guiding
principles defining the Social and Economic portions of the sustainability formula, in a form
similar to the Environmental Guiding Principles shown below. This would give the Council,
public and staff a complete picture of what sustainability means, and what may be involved in
creating a truly sustainable city.
Recommended Sustainability Guiding Principles
• Being a Model Community
Carlsbad desires to be a model community by creating a sustainable, high quality of life for those
who live, work and play in the City.
• Creating a Sustainable System - Social, Economic and Environmental Factors are
Interdependent
Sustainability is based on achieving a long-term balance between Social, Economic and
Environmental needs.
• The Participation of Carlsbad Citizens is Vital to Its Success
The City recognizes that it takes the collective efforts of our citizens, including the private sector,
residents, non-profit groups, the faith community, and others who live, work and play in
Carlsbad, to make its vision a reality. Citizens have a responsibility to be informed, involved, and
engaged in the development of their community.
• A Proactive Approach to Sustainability Guides City Policy
Carlsbad is committed to proactively addressing existing and potential community needs without
compromising future generations. The City encourages staff to participate in research
opportunities that may further its goals of creating a sustainable community.
• Carlsbad Recognizes the Local as well as Global Impacts of Decision Making
Local social, economic and environmental issues cannot be separated from the bigger picture.
Carlsbad recognizes the interconnectedness of citizens, associations, and communities; and the
fact that what one community does may have a profound impact on another.
Page 3 of5
• Developing a Sustainable Community is Based on Employing Cost-Effective
Programs
The City recognizes that both financial and staff resources are limited; therefore, those programs
and activities providing the highest benefit to the community and representing best-cost solutions
should be considered.
Recommended Environmental Guiding Principles
Below are the recommended Environmental Guiding Principles defining Carlsbad's relation to
the natural and human-made environment. As staff develops a deeper knowledge, and as the
world in which we live changes, staff may return with additional recommendations.
• Ethic of Conservation
Carlsbad supports the ethic of conservation of non-renewable resources. This includes efforts to
reduce the use of energy (in any form), greenhouse gas (GHG) emissions (consistent with AB 32)
and to find new and more energy efficient methods for delivering services. The City supports the
development of building standards that enable the community to design energy saving features
such as solar energy systems, water efficient landscaping, and Leadership in Energy and
Environmental Design (LEED) standards into both public and private buildings.
• Clean Air and Water
The City supports the development and protection from pollution of Carlsbad's air quality,
creeks, lagoons, ocean, and other natural water bodies. Carlsbad supports programs that will
ensure that all water bodies within the City are safe and clean, and where possible, open to the
public at all times. Furthermore, the City supports activities that result in clean air for those who
live, work, and play in Carlsbad.
• Diverse and Drought Resistant Water Supply
Carlsbad's future depends on being able to provide a sustainable supply of water to the
community. Carlsbad supports the creation of a diverse water supply, including desalination,
recycled and reclaimed sources, water conservation programs, and drought tolerant landscaping.
• Protection, Preservation, and Restoration of the Natural and Human-made
Environment
Carlsbad is committed to protecting, preserving and restoring its natural and human-made
environment. The City recognizes the importance of intact ecosystems as part of a healthy
environment and will continue to protect open space and enhance habitats and bio-diversity. The
City also supports the creation and maintenance of open spaces that are accessible to the public
for both active and passive use.
• Waste Reduction and Recycling
Carlsbad supports programs that manage the overall waste stream of the City and that maximize
the amount of waste that is recycled by its residents, citizens and businesses. The City promotes
the ability to quickly and conveniently dispose of hazardous waste.
• Efficient Transportation and Low Emission Fuel Sources
The City believes that effective traffic management is an important element affecting the quality
of life within Carlsbad. The City supports programs that optimize the flow of traffic, the use of
low-emission alternative fuel vehicles, and the increased availability and use of mass and other
Page 4 of 5
non-automotive modes of transportation. The City encourages participation in research
programs designed to test and improve alternate fuel vehicles.
• Sound Procurement Decisions
The procurement of products and services by the City, its residents, businesses and institutions
result in environmental, social and economic impacts both in this region and the country. Where
possible, Carlsbad's procurement systems should support the use of recycled materials, products
with low carbon footprints (low use of carbon or GHG producing products in the manufacture,
installation, maintenance, or disposal of the product).
Summary
The proposed principles are clearly broad in scope and vision. They set forth a course that honors
the City's past while consciously engaging our future. CERMT has found that the inherent nature
of a sustainable community requires an understanding and approach that is expansive and bold in
order to fully achieve our goals.
We recognize that there will be various twists and turns in the environmental portion of the
sustainability formula, but fortunately there are many communities and organizations that are
traveling along the same path that we can (and will) learn much from.
Cities such as Santa Monica, Palo Alto, Albuquerque, Seattle, and Austin have provided a
leadership role in this area, and the programs they have adopted have been bold and visionary.
Their programs reflect the whole assortment of issues facing local government, including water,
air, waste, energy, transportation, and open space, and it is in this vein that Carlsbad wants to
model itself.
While we continue to increase our competency in developing a sustainable community, there is
still a considerable amount of work before us. The City's efforts to coordinate its environmental
work with the social and economic programs that are currently in progress is an important part
that we will need to continue to balance. We all look forward to the unveiling of the symphony
that will be called Sustainable Carlsbad.
Page 5 of 5
Vote to make Vista a charter city
COMMUNITY
FORUM
On June 5, Vista will hold a
special election for voters to
decide whether the
city should become a
charter city. I encour-
age you to vote yes on
this important meas-
ure. I have been an ad-
vocate for Vista to be-
come a charter city
since the 1980s, and
there are several rea-
son why a yes vote is
the right vote for
Vista.
First, becoming a
charter city will give
Vista the maximum
amount of local au-
thority. It would take the city
out from underneath the un-
realistic constraints of the
state Legislature and put the
city in charge of its own des-
tiny. The city would instead
follow the state Constitution
and its own city charter docu-
ment. The) proposed charter
FRANK
LOPEZ
for Vista is available at
www.cityofvista.com for your
review.
Another important
reason to vote yes is
that the city could
save millions of dol-
lars on upcoming capi-
tal improvement proj-
ects if it becomes a
charter city. This is be-
cause charter cities do
not have to pay inflat-
ed "prevailing wage"
rates set by the state
Legislature.
Having to pay pre-
vailing wages adds up
to 40 percent to the
cost of labor on public proj-
ects. Wouldn't you agree that
money would be better spent
in areas like public safety,
road improvements and
recreation efforts?
Additionally, changing to a
charter city will not cost resi-
dents more money, and there
are no additional taxes in-
volved with making this
change. Becoming a charter
city does not increase the
city's ability to raise or im-
pose taxes in the future, ei-
ther.
Finally, Vista is at an im-
portant crossroads. We are
about to begin $100 million
worth of capital improve-
ment projects that will
change the face of our com-
munity. Let's make the move
now to become a charter city
so that we can save millions
on these upcoming projects
and reinvest those savings in-
to the community in other
critical areas.
Becoming a charter city is
the best move for Vista.
Please join me in voting yes
for this important measure
on June 5.
Rank Lopez is a Vista councilman.
Comment at nctimes.cort:.
April 9, 2007
TO: RON BALL/CITY ATTORNEY
CC: CITY COUNCIL
FROM: KELLY VIERRA / LEGAL INTERN
RE: GENERAL LAW CITY VS. CHARTER CITY
The key difference between general law cities and charter cities is the extent of the
power they are prescribed by the California Constitution. General law cities have those
powers conferred by the California Constitution which included police powers and the
powers conferred by state law. Cal. Const, art. XI, § 7. General law cities are subject to
all constraints imposed by the general law, even those applicable to municipal affairs.
Charter cities have police powers'and the provisions of Cal. Const, art. XI, § 5(a), the
"home rule" provision, affirmatively grant to charter cities supremacy over "municipal
affairs."
A general law city may not enact local laws that conflict with "general" or state laws. City
ordinances that interfere with or are contrary to state laws are said to be "preempted" by
that state law. Local legislation adopted by general law cities that conflicts with the
general laws of the state is void. People ex rel. Deukmejian v. County of Mendocino, 36
Cal. 3d 476 (1984). Conflict exists when an ordinance duplicates, contradicts, or enters
into a field that is fully occupied, expressly or implicitly, by general law. Bravo Vending
v. CityofRancho Mirage, 16 Cal. App. 4th 383 (1993).
Charter cities are exempt from this restriction as to judicially declared "municipal affairs".
Cal. Const, art. XI § 5, Bishop v. City of San Jose, 1 Cal. 3d 56, 61, 81 (1969). The
provisions of Cal. Const, art. XI § 5 generally vest charter cities with plenary authority
over municipal affairs, free from constraint imposed by the general law and subject only
to constitutional limitations. However, the home rule provision also implicitly recognizes
state legislative supremacy over matters which are not municipal affairs and are,
instead, matters of "statewide concern." California Federal Savings and Loan
Association v. City of Los Angeles, 54 Cal. 3d 1, 13 (1991). There is no exact definition
and the meaning of the term "municipal affair" and what is deemed a municipal affair
has changed over time as conditions in society change. Bishop v. City of San Jose, 1
Cal. 3d 56, 52-62 (1969). A matter is of statewide concern when its impact it "primarily
regional" even if its impacts are not truly statewide. Committee of Seven Thousand v.
Superior Court, 45 Cal. 3d 491, 505 (1988). For example, the construction of local
roads has been considered a local concern, and the construction of major highways has
been considered a matter of statewide concern. Id.
General law vs. Charter Cities.doc
\\
ADOPTING A CHARTER
Any city may enact a charter for its own government. A city charter is a unique
document which operates as a "constitution" for the adopting city. Cal. Const, art. XI § 3.
The procedure for adopting a charter is as follows; (1) The charter would be drafted
either by Council or a Council appointed blue ribbon Charter Commission, (2) there
should be public hearings held in preparation for the election, (3) ballot arguments for
and against the adoption of a charter should be prepared and submitted, (4) the
question as to whether or not the city should adopt the charter will then be placed on the
ballot, (5) if a majority of the voters approve the adoption, the charter is effective when it
is filed with the Secretary of the State and published in the official state statutes.
In drafting the charter, it is best to keep the charter simple and straight forward. The
charter should make a broad declaration that is likely to gain voter approval. The city
may then set up specific rules through the adoption of ordinances. (See City of Vista
Charter attached).
The primary advantage of a charter is that it allows greater authority for a city's
governance than that provided by state law. For example, a city may design its
organization and elective offices, taking into account the unique local conditions and
needs of the community. Charter cities may establish their own rules and regulations
for elections. Cal. Const, art. XI § 5(b). Charter cities may set election dates, call for
primaries, set petition requirements, and conduct elections in whatever manner is set
forth the charter. Charter cities do not have to conduct elections according to the
manner prescribed in the California Elections Code as do general law cities.
A charter transfers the power to adopt legislation affecting municipal affairs from the
state legislature to the city adopting it. A city operating under a charter can acquire full
control over its municipal affairs. These affairs are unaffected by the general laws
passed by the state legislature on the same subject matters. This, in effect, gives the
local voters more control over their local government and the affairs of the city.
Power of a Charter
Cities may tailor their charters to address local issues. For example, Del Mar's charter
allows it to impose an admissions tax on the racetrack and fairgrounds, while the San
Marcos charter preserves rent control for mobile home tenants. The goal of charters is
essentially: wrestling authority from the state to give cities a greater flexibility in, and
control over, their affairs.
Public contracts are one area where the Legislature has been especially active in
limiting local control. General law cities are required to pay prevailing wages on public
works projects, they are prohibited from entering into public works contracts, are
required to bid out work that could be performed at a lesser cost or with greater speed if
its own employees were used, are limited in the their ability remove incompetent
contractors or subcontractors, and are subject to bidding thresholds that have not
General law vs. Charter Cities.doc
changed in almost 25 years. Charter cities are free from all of the above listed
constraints.
When the City of Vista decided to call a special election to adopt a charter, it was
determined that the cost of charter implementation would be between $250,000 and
$300,000. However, the savings to Vista would greatly outweigh the initial cost of
adoption. If the City is no longer required to pay prevailing wages or comply with
competitive bidding statutes, it could save millions of dollars in future costs.
General law vs. Charter Cities.doc
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(OLU E t g;> O O .2> O .C O CO-OO Section 100. Municipal AffairsEach of the responsibilities of governance setCharter, and as established by the Constitutioldefined law of the State of California, is herebyaffair or concern, the performance of which is icitizens of the City of Vista.Section 101. PowersThe City shall have all powers that a City can hav<laws of the State of California as fully and compspecifically enumerated in this Charter. The emany particular power, duty or procedure shall not bany limitation or restriction upon, this general granSection 102. Incorporation and SuccessionThe City shall continue to be a municipal corpoiVista. The boundaries of the City of Vista shall cuntil changed in the manner authorized by law. Twith and shall continue to own, have, possess, ccrights and rights of action of every nature anpossessed, controlled or enjoyed by it at the timand is hereby declared to be the successor of sardebts, obligations and liabilities, which exist agaiiCharter takes effect. All lawful ordinances, resoluor portions thereof, in force at the time this Chaconflict with or inconsistent herewith, are herebysame have been duly repealed, amended, chang<authority.I
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