Video index
CALL TO ORDER: 6:00 P.M.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:05:59)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:09:03)
Minutes of the Special Meeting held March 14, 2013.
Minutes of the Regular Meeting held March 19, 2013.
Minutes of the Special Meeting held March 26, 2013.
Minutes of the Regular Meeting held March 26, 2013.
Minutes of the Special Meeting held April 2, 2013.
Minutes of the Regular Meeting held April 2, 2013.
Minutes of the Regular Meeting held April 16, 2013.
Minutes of the Special Meeting held April 16, 2013.
PRESENTATIONS:
Presentation to Ann Kulchin for the 2012 National Environmental Award Mayor Hall Ann Kulchin introduced Kevin Hardy, GM of Encina Wastewater Facility and thanked Kevin who wrote the application.
Presentation of Colors and Pledge of Allegiance by Boy Scout Troop 706.
Presentation of Ms. Carlsbad and her Court.
Presentation of CERT Team graduates.
FD pulled #7
Motion to approve Presentation of CERT Team graduates. Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve Presentation of CERT Team graduates. (Approved) (Recorded at 00:28:13)
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
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 #21,191 - ANNUAL HOUSING ELEMENT PROGRESS REPORT FOR 2012. Accepting the Annual Housing Element Progress Report for January 2012 through December 2012; and, directing the City Planner to submit the Report to the California Department of Housing and Community Development, and the San Diego Association of Governments. Resolution No. 2013-081. ACTION:
AB 21,191
2. AB #21,192 - APPROVE AMENDED AND RESTATED AGREEMENT WITH THE CITY OF VISTA FOR OWNERSHIP, OPERATION AND MAINTENANCE OF THE VISTA/CARLSBAD INTERCEPTOR SEWER. Approving the amended and restated agreement with the City of Vista for ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer; and, authorizing the appropriation of funds for capacity purchase. Resolution No. 2013-082. ACTION:
AB 21,192
3. AB #21,193 - APPROVE STREET TREE MAINTENANCE AGREEMENT FOR LA COSTA TOWN SQUARE, CT 08-03. Approving a Street Tree Maintenance Agreement with Development Solutions 2LAC, LLC, for the La Costa Town Square Residential Project, Project No. CT 08-03; and, directing the City Clerk to record said agreement. Resolution No. 2013-083. ACTION:
AB 21,193
4. AB #21,194 - NOTICE OF COMPLETION FOR PROJECT NO. 1007-1. Accepting the construction of the North Batiquitos Lift Station Force Main Emergency Repair, Project No. 1007-1 as complete; and, directing the City Clerk to record a Notice of Completion and to release bonds in accordance with State Laws and City Ordinances. Resolution No. 2013-084. ACTION:
AB 21,194
5. AB #21,195 - NOTICE OF COMPLETION - PROJECT NO. 5522. Accepting the construction of the Occidental Interceptor Sewer Rehabilitation Project No. 5522 as complete; and, directing the City Clerk to record a Notice of Completion and to release bonds in accordance with State Laws and City Ordinances. Resolution No. 2013-085. ACTION:
AB 21,195
6. AB #21,196 - APPROVE FINAL MAP - CT 08-03. Approving the Final Map for the La Costa Town Square Residential Project, Project CT 08-03; and, directing the City Clerk to sign the Certificate of Acceptance and cause the map to be recorded. Resolution No. 2013-086. ACTION:
AB 21,196
7. AB #21,197 - APPROVE AGREEMENT FOR PUBLIC ART AT ALGA NORTE COMMUNITY PARK, PROJECT NO. 3925. Approving an agreement with Paul Hobson for the fabrication and installation of artwork at Alga Norte Community Park, Project No. 3925. Resolution No. 2013-087. ACTION:
AB 21,197
FD pulled this item wanted a presentation on this item.
MPT Packard asked when it would be appropriate to rename the park from Alga Norte Park. Mayor Hall - put on workshop agenda
Motion to approve 7. AB #21,197 - APPROVE AGREEMENT FOR PUBLIC ART AT ALGA NORTE COMMUNITY PARK, PROJECT NO. 3925. Approving an agreement with Paul Hobson for the fabrication and installation of artwork at Alga Norte Community Park, Project No. 3925. Resolution No. 2013-087. ACTION: Moved by Council Member Douglas, seconded by .
Vote to approve 7. AB #21,197 - APPROVE AGREEMENT FOR PUBLIC ART AT ALGA NORTE COMMUNITY PARK, PROJECT NO. 3925. Approving an agreement with Paul Hobson for the fabrication and installation of artwork at Alga Norte Community Park, Project No. 3925. Resolution No. 2013-087. ACTION: (Approved) (Recorded at 00:35:36)
8. AB #21,198 - APPROVE IMPROVEMENTS TO ENHANCE PEDESTRIAN CROSSING SAFETY AND BEACH ACCESS ACROSS CARLSBAD BOULEVARD, PROJECT NO. 6322. Approving the installation of improvements to enhance pedestrian crossing safety and beach access across Carlsbad Boulevard, Project No. 6322. Resolution No. 2013-088. ACTION:
AB 21,198
9. AB #21,199 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of March 31, 2013. ACTION:
AB 21,199
ORDINANCES FOR INTRODUCTION:
10. AB #21,200 - DECREASE SPEED LIMIT ON CHESTNUT AVENUE. To consider amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.040 to reduce the 35 miles per hour speed limit to 30 miles per hour on Chestnut Avenue from Pio Pico Drive to El Camino Real. Introduction of Ordinance No. CS-213. ACTION:
AB 21,200
Dale Kubacki came forward to address Council. Mr. Kubacki stated he was in support of this ordinance.
Motion to approve 10. AB #21,200 - DECREASE SPEED LIMIT ON CHESTNUT AVENUE. To consider amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.040 to reduce the 35 miles per hour speed limit to 30 miles per hour on Chestnut Avenue from Pio Pico Drive to El Camino Real. Introduction of Ordinance No. CS-213. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 10. AB #21,200 - DECREASE SPEED LIMIT ON CHESTNUT AVENUE. To consider amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.040 to reduce the 35 miles per hour speed limit to 30 miles per hour on Chestnut Avenue from Pio Pico Drive to El Camino Real. Introduction of Ordinance No. CS-213. ACTION: (Approved) (Recorded at 00:37:49)
11. AB #21,201 - REMOVE REFERENCES IN THE CARLSBAD MUNICIPAL CODE PERTAINING TO TRAFFIC SAFETY COORDINATING COMMITTEE MEETINGS AS PUBLIC MEETINGS. To consider amending Title 2, Chapter 2.28 of the Carlsbad Municipal Code to remove references to the Traffic Safety Coordinating Committee meetings as public meetings. Introduction of Ordinance No. CS-214. ACTION:
AB 21,201
Motion to approve 11. AB #21,201 - REMOVE REFERENCES IN THE CARLSBAD MUNICIPAL CODE PERTAINING TO TRAFFIC SAFETY COORDINATING COMMITTEE MEETINGS AS PUBLIC MEETINGS. To consider amending Title 2, Chapter 2.28 of the Carlsbad Municipal Code to remove references to the Traffic Safety Coordinating Committee meetings as public meetings. Introduction of Ordinance No. CS-214. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 11. AB #21,201 - REMOVE REFERENCES IN THE CARLSBAD MUNICIPAL CODE PERTAINING TO TRAFFIC SAFETY COORDINATING COMMITTEE MEETINGS AS PUBLIC MEETINGS. To consider amending Title 2, Chapter 2.28 of the Carlsbad Municipal Code to remove references to the Traffic Safety Coordinating Committee meetings as public meetings. Introduction of Ordinance No. CS-214. ACTION: (Approved) (Recorded at 00:38:29)
12. AB #21,202 - INTRODUCE AND ADOPT URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING. To consider introducing and adopting an Urgency Ordinance No. CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and, To consider declaring an intent to study and consider revisions to Title 5 of the Carlsbad Municipal Code as necessary to prohibit mini-satellite wagering facilities within the City. Resolution No. 2013-089. ACTION:
AB 21,202
CM Blackburn - clarified that the action tonight was putting the item on hold for 45 days.
MPT Packard - has GP review discussed this item. Don Neu - not in this contaext - community values and general values poses conflict.
Motion to approve 12. AB #21,202 - INTRODUCE AND ADOPT URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING. To consider introducing and adopting an Urgency Ordinance No. CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and, To consider declaring an intent to study and consider revisions to Title 5 of the Carlsbad Municipal Code as necessary to prohibit mini-satellite wagering facilities within the City. Resolution No. 2013-089. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 12. AB #21,202 - INTRODUCE AND ADOPT URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING. To consider introducing and adopting an Urgency Ordinance No. CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and, To consider declaring an intent to study and consider revisions to Title 5 of the Carlsbad Municipal Code as necessary to prohibit mini-satellite wagering facilities within the City. Resolution No. 2013-089. ACTION: (Approved) (Recorded at 00:44:42)
ORDINANCES FOR ADOPTION:
13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION:
AB 21,203
Motion to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: (Approved) (Recorded at 00:45:12)
Motion to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: (Approved) (Recorded at 00:45:56)
Motion to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: (Approved) (Recorded at 00:46:45)
No reportable action from closed session.
14. AB #21,204 - REVISE REGULATIONS REGARDING THE HOURS OF CONSTRUCTION. Adopting Ordinance No. CS-211, amending the Carlsbad Municipal Code, Title 1 - General Provisions, Title 8 - Public Peace, Morals and Safety, and Title 15 - Grading and Drainage, to revise regulations affecting hours of construction. ACTION:
AB 21,204
15. AB #21,205 - CALIFORNIA COASTAL COMMISSION SUGGESTED MODIFICATIONS TO NONCONFORMING BUILDINGS AND USES ORDINANCE - ZCA 09-01(A)/LPCA 09-01(A). Adopting Ordinance No. CS-212, approving an amendment to the Zoning Ordinance (ZCA 09-01(A)), accepting and administering the Coastal Commission's suggested modifications to the City of Carlsbad Local Coastal Program (LCPA 09-01(A)), as related to the City's Non-Conforming Buildings and Uses Ordinance. ACTION:
AB 21,205
PUBLIC COMMENT:
Walt Meier - requested an ordinance against throw-away papers in driveways.
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.
16. AB #21,206 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2013-090.
AB 21,206
Motion to approve 16. AB #21,206 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2013-090. Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 16. AB #21,206 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2013-090. (Approved) (Recorded at 00:51:09)
17. AB #21,208 - GUNTHER'S RETAIL 2 - CUP 12-15. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 12-15 to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms within the Planned Industrial Zone on property located at 2717 Loker Avenue West, Suite B. Resolution No. 2013-096. ACTION:
AB 21,208
Vote 3-2 (Hall - Packard - No)
Motion to approve 17. AB #21,208 - GUNTHER'S RETAIL 2 - CUP 12-15. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 12-15 to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms within the Planned Industrial Zone on property located at 2717 Loker Avenue West, Suite B. Resolution No. 2013-096. ACTION: Moved by Council Member Blackburn, seconded by .
Mayor Hall stated he felt that the City Council needed to have a full hearing and understanding of what office and retail space is in the industrial zone.
closed ph 7:16
Paul Laniger with MoreWest Real Estate - manager of Promintory business park. confirmed the amendment to the ccand rs.
Tom IGAN - caRLSBAD CUSTOM CABINETS OWNE part of the building next to Gunther's Gifts. Gunthers are the only one on the property have security cameras set up for years. Addressed the tpe of people lisa and greg gunther are.
PUBLIC hEARING OPENED 7:13
Wood - asked how the membership worked online. Lisa - online membership doesn't work. Woudlnt send the product directly to buyer. Sending firearm to another federal licensed entitty for background check. Wood - membership Lisa - see drivers licenses, perhaps a membership fee, doesn't want it to be something where someone walks off the street - not meant to have that kind of traffic - its a way to restrict.
Blackburn - clarified your busienss is generally an online business, sell firearms online, there is a box you have to check regarding a place to pick up the firearm. ' Lisa - you need a retail store - can't be online only. Blackburn is this goig to be the kind of retail that states guns enter here. Lisa - no additional signage on the building. signage is discreet. one room in the building. blackburn are there any firearm retail places in Carlsbad Lisa - no
CM Douglas to Gunther with retail will you be subject to any and all firearm sales control now and in the future pertaining to background check. Asked for clarification regarding members only. Lisa, perhaps a membership component as a possibility, the person buying the gun has to be a member to do business to purchase a firearm. Douglas asked how the business will increase with the changes. Lisa hopes to bring in income to pay expenses.
Lisa Gunther came forward - retail space ancillary to the remaining portion of the business use. Retail meets all the requirements, is in harmony with the pm zone. meets all parking requirements. evey business in the pm zone should be able to exercise their rights per the 2nd amendment to the constitution. every business in the pm zone should not have to worry about security. city code requires permits but the planning department has selectively chosen not to enforce the code violations. The planning staff is proposing to the pc to permit more retail space in the business industrial zone. Lisa Gunther listed the businesses and associations that indicated their support for the retail use.
Blackburn, the gun sales support the evironment and their population. If the applciant had their associate say this is consistent with providing as suld this meet thwe requirements for these findings.ervice to their business population w Sahnnon - this is a small representation of the business park - this should be able to support the entire public. Blackburn - whatever the use is is not intended to cater to the entire general public? Don neu - the plannend indusgtrial area was developed to be a business to business daily goods and services uses among busienss. The council could be considering there are employees that might take advantage of the proposed service or merchandise. Blabkburn asked about future changes the city is proposing. This would not be design to cater just to theos group of business but would be design to cater to the pbulic.
LW - asked what the applicant means about eah person purchases a gun becomes a member of the business. shannon cannot give the answer - applicant can.
MPT Packard - asked about proposed changes to allow proposed recommendations of changes being developed would this application fit under the new proposed guidelines. Don - somewhat earl to answer this question, as curetnly drafts the proposal has what is defereed to as accessory retail as aprimary permitted use. If it was classified as storage of firears then there is some ability to have retails sales merchandes being the retail store. The applicant also indicated that online sales took place. propose there is one difference and the proposal taking to pc tomorrow night is a minor conditional use permit. tonight a a major conditional use permit.
Douglas - what percentage of theh builind is the 1,oo sq feet. Shannon - owns the entire building - 10% of the building. Douglas - staff doesnt' feel this business is supporting the businesses around it. Buseinss aroud them have givne their consent to permit this business. Shannon stated city has received a letter from approximately six members of the business association. Staff doesn't feel this meets the daily use.
18. AB #21,207 - POINSETTIA VILLAGE PAD 4 - CUP 04-28(A). To consider approving a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive. Resolution No. 2013-091. ACTION:
AB 21,207
Applicant - Don Armstrong representing the propoerty owner Opened PH - 7:28- closed - 7:28
Motion to approve 18. AB #21,207 - POINSETTIA VILLAGE PAD 4 - CUP 04-28(A). To consider approving a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive. Resolution No. 2013-091. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 18. AB #21,207 - POINSETTIA VILLAGE PAD 4 - CUP 04-28(A). To consider approving a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive. Resolution No. 2013-091. ACTION: (Approved) (Recorded at 01:33:55)
ADJOURNMENT TO THE SPECIAL MEETING OF THECARLSBAD MUNICIPAL WATER DISTRICT BOARD.
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT BOARD
SPECIAL MEETING AGENDA
APRIL 30, 2013
6:00 P.M
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:34:24)
Minutes of the Special Meeting held January 29, 2013.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 01:34:42)
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
19. AB #767 - NOTICE OF COMPLETION, PROJECT 50201. Accepting the construction of the Rancho Carlsbad Pressure Reducing Station and Meter Replacement Project, Project No. 502001 as complete; and, directing the Secretary to record a Notice of Completion and to release bonds in accordance with State Laws and City Ordinances. Resolution No. 1466. ACTION:
AB 767
20. AB #768 - APPROVE AGREEMENT FOR TRI-AGENCIES WATER TRANSMISSION PIPELINE- REACH 2, PHASE 1, PROJECT NO. 5008. Approving an agreement with Black and Veatch Corporation for engineering services for the Tri-Agencies Water Transmission Pipeline - Reach 2, Phase 1, Project No. 5008. Resolution No. 1467. ACTION:
AB 768
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
Property and Environmental Management Director David Hauser ntroduced Frank Velock of the San Diego County Water Authority and Peter MacGlaggan provided the update with a PowerPoint presentation (on file inthe Office of the City Clerk).
Farrah addressed the letter received by the Carls bad Research Center - {eter address and continue to meetin with Carlsbad Research Center representatives to mitigate their concerns.
Mayor Hall clarified that work would be conducted in the street where the West Bistro restaurant is located. Mr. MacGlaggan stated that there will be work on that street now, but discussions are occurring on that the hotel, two restaruants and service station reman open. Peter - Any business that has two driveways will always have access to one. Any business having one driveway, the work will be done at night to mitigate the business impact during business hours. Cul-de-sacs work will be accomplished on weekends as necessary. Mayor Hall - OMG situation with a claim. Peter - function of what happened and how to respond. crews are in constant contact with the utilities companies and construction crews have necessary staff on board to mitigation the disruption. economic damage - liability insurance should cover unforseen damage to property. Mayor Hall if person wanted to see claims procedure - send to peter macglaggan. Peter - has had discussion with some of the business property owners regarding the processing of claims.
21. AB #21,209 - CARLSBAD DESALINATION PROJECT UPDATE. To receive a presentation from representatives of Poseidon Resources and the San Diego County Water Authority regarding the Carlsbad Desalination Project. ACTION:
AB 21,209
Meeting Paused
Meeting Resumed
22. AB #21,210 - SEPCIAL EVENT GRANT REQUEST - CARLSBAD BEACH FEST. To consider the request for Special Event Grant Funding from the Carlsbad Beach Fest Foundation; and, authorizing the appropriation and disbursement of said funds. Resolution No. 2013-092. ACTION:
AB 21,210
Vote to approve 22. AB #21,210 - SEPCIAL EVENT GRANT REQUEST - CARLSBAD BEACH FEST. To consider the request for Special Event Grant Funding from the Carlsbad Beach Fest Foundation; and, authorizing the appropriation and disbursement of said funds. Resolution No. 2013-092. ACTION: (Approved) (Recorded at 02:10:08)
Motion to approve 22. AB #21,210 - SEPCIAL EVENT GRANT REQUEST - CARLSBAD BEACH FEST. To consider the request for Special Event Grant Funding from the Carlsbad Beach Fest Foundation; and, authorizing the appropriation and disbursement of said funds. Resolution No. 2013-092. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
CM Blackbunr asked about the event not meetings the Policy 51 guidleines due to the fact it is not a new event. How many years nowmally would an event be eligible under policy 52. The policy is three years and two additional years for in-kind services.
Tammy Ury, the president of Carlsbad Beach Foundation and executive director for beach fest.Project that has been successful with collaboration with many different business, event is staged on state property. Mayor Hall asked when the foundation would be fully sustainable on its own. Tammy - next couple of years. The event s technically six years and running, however, this is the third year of expansion with a mile long area of beach.
Pacard - asked about the state resourcces. Tammy - state waives $16,000 permit. Tower guards on on duty from 10 am until 5 pm. Saturday june 15 from 8 am until 4 pm - at tamarack state beach Invite Council to the big stage at 11:45 am
23. AB #21,211 - COMMUNITY ACTIVITY GRANTS FUNDING RECOMMENDATIONS FOR FY 2012-13. To consider the recommendations by the Community Activity Grants Citizen Review Committee for funding and disbursement to identified organizations on a reimbursement basis only. Resolution No. 2013-093. ACTION:
AB 21,211
Blackburn asked why no distribution of the last $6,000 and keeping unti lnext year. John Coates stated that the other request that was not funded did not serve Carlsbad residents. Blackburn, organizations asked for larger amount and smaller amount awared. Coates - will require additional investigation.
Motion to approve 23. AB #21,211 - COMMUNITY ACTIVITY GRANTS FUNDING RECOMMENDATIONS FOR FY 2012-13. To consider the recommendations by the Community Activity Grants Citizen Review Committee for funding and disbursement to identified organizations on a reimbursement basis only. Resolution No. 2013-093. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 23. AB #21,211 - COMMUNITY ACTIVITY GRANTS FUNDING RECOMMENDATIONS FOR FY 2012-13. To consider the recommendations by the Community Activity Grants Citizen Review Committee for funding and disbursement to identified organizations on a reimbursement basis only. Resolution No. 2013-093. ACTION: (Approved) (Recorded at 02:14:23)
24. AB #21,212 - 2013-14 FUNDING ALLOCATIONS FOR THE CDBG/HOME PROGRAM. To consider approving funding applications for the 2013-2014 Community Development Block Grant and Home Investment Partnership Program, authorizing the City Manager to execute agreements for the approved projects; and, authorizing the submittal of an Annual Funding Plan to the U.S. Department of Housing and Urban Development. Resolution No. 2013-094. ACTION:
AB 21,212
Blackburn - $359 for the property - appraised for lesser what happens now boensch - the parties negotiate, if needed a new appraisal could be requested If the appraisal stands habitat can only pay up to the appraised value - boensch - federal guidelines
Laruie - looking to build and offer a unit for a wounded veteran. The appraiser and the listing agent have been negotiating.
Douglas - $307 K is the value of the land. HOw much to build
Lari $200-250lk to build each unit
Douglas - does habitat get funding assistance.
Lari - have support from Home Depot and named others.
CM Blackburn stated he had no financial interest in the meals on wheels program.
motion to approvelist of recommended appropriatioans minus the property acquisition. Ceila Council consensus on the list of projects.
Mark's motion passes 3-2
Mayor Hall seconded packard's motion.
Blackburn - will we lose the money if we don't use it Frank - HUD looks at the funding balance and wants to know how city is going to spend the funds. If money not spent by next april - can lose the money remaining in balance. Frank - city was out of compliance until this month and allocating the funding with habitat will put the city out of compliance with HUD. no knowledge if another buyer can come forward. Smount f funds is small and developers are lookig for larger amounts of funding.
Hall - what is a small amount Boensch the $307K is considered a small amount.
Blackburn are there a=other projects waiting in line for that funding Frank - no
no second to Mr. Packard's motions.
Motion to approve 24. AB #21,212 - 2013-14 FUNDING ALLOCATIONS FOR THE CDBG/HOME PROGRAM. To consider approving funding applications for the 2013-2014 Community Development Block Grant and Home Investment Partnership Program, authorizing the City Manager to execute agreements for the approved projects; and, authorizing the submittal of an Annual Funding Plan to the U.S. Department of Housing and Urban Development. Resolution No. 2013-094. ACTION: Moved by Council Member Blackburn, seconded by .
no second given
Gar Barbbario if council does not go with the recommendation, then council needs to direct what to do with the funds.
25. AB #21,213 - AUTHORIZE STAFF TO TAKE ACTION REGARDING THE OPERATION OF THE ALGA NORTE COMMUNITY PARK AND AQUATIC CENTER. To consider authorizing staff to take the necessary actions to operate Alga Norte Community Park and Aquatic Center. Resolution No. 2013-095. ACTION:
AB 21,213
Packard - addressed the swim organization s that committed to support this park to make this a break even what is their level of commitment Hazeltine - commitment remains strong with the few organizaions that parks and recreation has been in contact with
Blackburn - what percentage of cost recovers is there on a typical park Lolly - the cost recovers of the sports program is high, enrichment classes, preschool - what it really comes down to is diversity. the area of the lowest covery is teen program.
Hall - is a 60% or 80% recovers Lolly - 90% recovery with sports program remaining program on the other parks are in the 60% -70% recovery. Hazeltine - Cost recovery is looked at in terms of programs - not an entire facility. Alga Norte Park in its entirety will be factored into cost recovery numbers. Hall two people or two additional people Hazeltine - get his answer - two additional people added during budget process Hall - in prio budget - shows free product city would be selling - is staff putting a cost into everything - fees an agenda item changing fee structure Hazeltine - asking for expanded fee authority in budget process to allow for pricing based on market conditions. Hall - price flexibility is factored into the recovery costs Hazeltine - Hall - cost per year increse for overhead Lolly 3% Hazeltine -
Wood - to create futher efficiencies at the park did sstaff look at alternative energy systems. Hazeltine - looking a photovoltaic to power the entire park.
Motion to approve 25. AB #21,213 - AUTHORIZE STAFF TO TAKE ACTION REGARDING THE OPERATION OF THE ALGA NORTE COMMUNITY PARK AND AQUATIC CENTER. To consider authorizing staff to take the necessary actions to operate Alga Norte Community Park and Aquatic Center. Resolution No. 2013-095. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 25. AB #21,213 - AUTHORIZE STAFF TO TAKE ACTION REGARDING THE OPERATION OF THE ALGA NORTE COMMUNITY PARK AND AQUATIC CENTER. To consider authorizing staff to take the necessary actions to operate Alga Norte Community Park and Aquatic Center. Resolution No. 2013-095. ACTION: (Approved) (Recorded at 02:47:24)
Farrah DOuglas asked that the Gunther item not return to Coucnil until May 14.
Adjournemnt 5:56
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.
Apr 30, 2013 City Council and Carlsbad Municipal Water District Board Meeting
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CALL TO ORDER: 6:00 P.M.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:05:59)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:09:03)
Minutes of the Special Meeting held March 14, 2013.
Minutes of the Regular Meeting held March 19, 2013.
Minutes of the Special Meeting held March 26, 2013.
Minutes of the Regular Meeting held March 26, 2013.
Minutes of the Special Meeting held April 2, 2013.
Minutes of the Regular Meeting held April 2, 2013.
Minutes of the Regular Meeting held April 16, 2013.
Minutes of the Special Meeting held April 16, 2013.
PRESENTATIONS:
Presentation to Ann Kulchin for the 2012 National Environmental Award Mayor Hall Ann Kulchin introduced Kevin Hardy, GM of Encina Wastewater Facility and thanked Kevin who wrote the application.
Presentation of Colors and Pledge of Allegiance by Boy Scout Troop 706.
Presentation of Ms. Carlsbad and her Court.
Presentation of CERT Team graduates.
FD pulled #7
Motion to approve Presentation of CERT Team graduates. Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve Presentation of CERT Team graduates. (Approved) (Recorded at 00:28:13)
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
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 #21,191 - ANNUAL HOUSING ELEMENT PROGRESS REPORT FOR 2012. Accepting the Annual Housing Element Progress Report for January 2012 through December 2012; and, directing the City Planner to submit the Report to the California Department of Housing and Community Development, and the San Diego Association of Governments. Resolution No. 2013-081. ACTION:
AB 21,191
2. AB #21,192 - APPROVE AMENDED AND RESTATED AGREEMENT WITH THE CITY OF VISTA FOR OWNERSHIP, OPERATION AND MAINTENANCE OF THE VISTA/CARLSBAD INTERCEPTOR SEWER. Approving the amended and restated agreement with the City of Vista for ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer; and, authorizing the appropriation of funds for capacity purchase. Resolution No. 2013-082. ACTION:
AB 21,192
3. AB #21,193 - APPROVE STREET TREE MAINTENANCE AGREEMENT FOR LA COSTA TOWN SQUARE, CT 08-03. Approving a Street Tree Maintenance Agreement with Development Solutions 2LAC, LLC, for the La Costa Town Square Residential Project, Project No. CT 08-03; and, directing the City Clerk to record said agreement. Resolution No. 2013-083. ACTION:
AB 21,193
4. AB #21,194 - NOTICE OF COMPLETION FOR PROJECT NO. 1007-1. Accepting the construction of the North Batiquitos Lift Station Force Main Emergency Repair, Project No. 1007-1 as complete; and, directing the City Clerk to record a Notice of Completion and to release bonds in accordance with State Laws and City Ordinances. Resolution No. 2013-084. ACTION:
AB 21,194
5. AB #21,195 - NOTICE OF COMPLETION - PROJECT NO. 5522. Accepting the construction of the Occidental Interceptor Sewer Rehabilitation Project No. 5522 as complete; and, directing the City Clerk to record a Notice of Completion and to release bonds in accordance with State Laws and City Ordinances. Resolution No. 2013-085. ACTION:
AB 21,195
6. AB #21,196 - APPROVE FINAL MAP - CT 08-03. Approving the Final Map for the La Costa Town Square Residential Project, Project CT 08-03; and, directing the City Clerk to sign the Certificate of Acceptance and cause the map to be recorded. Resolution No. 2013-086. ACTION:
AB 21,196
7. AB #21,197 - APPROVE AGREEMENT FOR PUBLIC ART AT ALGA NORTE COMMUNITY PARK, PROJECT NO. 3925. Approving an agreement with Paul Hobson for the fabrication and installation of artwork at Alga Norte Community Park, Project No. 3925. Resolution No. 2013-087. ACTION:
AB 21,197
FD pulled this item wanted a presentation on this item.
MPT Packard asked when it would be appropriate to rename the park from Alga Norte Park. Mayor Hall - put on workshop agenda
Motion to approve 7. AB #21,197 - APPROVE AGREEMENT FOR PUBLIC ART AT ALGA NORTE COMMUNITY PARK, PROJECT NO. 3925. Approving an agreement with Paul Hobson for the fabrication and installation of artwork at Alga Norte Community Park, Project No. 3925. Resolution No. 2013-087. ACTION: Moved by Council Member Douglas, seconded by .
Vote to approve 7. AB #21,197 - APPROVE AGREEMENT FOR PUBLIC ART AT ALGA NORTE COMMUNITY PARK, PROJECT NO. 3925. Approving an agreement with Paul Hobson for the fabrication and installation of artwork at Alga Norte Community Park, Project No. 3925. Resolution No. 2013-087. ACTION: (Approved) (Recorded at 00:35:36)
8. AB #21,198 - APPROVE IMPROVEMENTS TO ENHANCE PEDESTRIAN CROSSING SAFETY AND BEACH ACCESS ACROSS CARLSBAD BOULEVARD, PROJECT NO. 6322. Approving the installation of improvements to enhance pedestrian crossing safety and beach access across Carlsbad Boulevard, Project No. 6322. Resolution No. 2013-088. ACTION:
AB 21,198
9. AB #21,199 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of March 31, 2013. ACTION:
AB 21,199
ORDINANCES FOR INTRODUCTION:
10. AB #21,200 - DECREASE SPEED LIMIT ON CHESTNUT AVENUE. To consider amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.040 to reduce the 35 miles per hour speed limit to 30 miles per hour on Chestnut Avenue from Pio Pico Drive to El Camino Real. Introduction of Ordinance No. CS-213. ACTION:
AB 21,200
Dale Kubacki came forward to address Council. Mr. Kubacki stated he was in support of this ordinance.
Motion to approve 10. AB #21,200 - DECREASE SPEED LIMIT ON CHESTNUT AVENUE. To consider amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.040 to reduce the 35 miles per hour speed limit to 30 miles per hour on Chestnut Avenue from Pio Pico Drive to El Camino Real. Introduction of Ordinance No. CS-213. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 10. AB #21,200 - DECREASE SPEED LIMIT ON CHESTNUT AVENUE. To consider amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.040 to reduce the 35 miles per hour speed limit to 30 miles per hour on Chestnut Avenue from Pio Pico Drive to El Camino Real. Introduction of Ordinance No. CS-213. ACTION: (Approved) (Recorded at 00:37:49)
11. AB #21,201 - REMOVE REFERENCES IN THE CARLSBAD MUNICIPAL CODE PERTAINING TO TRAFFIC SAFETY COORDINATING COMMITTEE MEETINGS AS PUBLIC MEETINGS. To consider amending Title 2, Chapter 2.28 of the Carlsbad Municipal Code to remove references to the Traffic Safety Coordinating Committee meetings as public meetings. Introduction of Ordinance No. CS-214. ACTION:
AB 21,201
Motion to approve 11. AB #21,201 - REMOVE REFERENCES IN THE CARLSBAD MUNICIPAL CODE PERTAINING TO TRAFFIC SAFETY COORDINATING COMMITTEE MEETINGS AS PUBLIC MEETINGS. To consider amending Title 2, Chapter 2.28 of the Carlsbad Municipal Code to remove references to the Traffic Safety Coordinating Committee meetings as public meetings. Introduction of Ordinance No. CS-214. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 11. AB #21,201 - REMOVE REFERENCES IN THE CARLSBAD MUNICIPAL CODE PERTAINING TO TRAFFIC SAFETY COORDINATING COMMITTEE MEETINGS AS PUBLIC MEETINGS. To consider amending Title 2, Chapter 2.28 of the Carlsbad Municipal Code to remove references to the Traffic Safety Coordinating Committee meetings as public meetings. Introduction of Ordinance No. CS-214. ACTION: (Approved) (Recorded at 00:38:29)
12. AB #21,202 - INTRODUCE AND ADOPT URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING. To consider introducing and adopting an Urgency Ordinance No. CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and, To consider declaring an intent to study and consider revisions to Title 5 of the Carlsbad Municipal Code as necessary to prohibit mini-satellite wagering facilities within the City. Resolution No. 2013-089. ACTION:
AB 21,202
CM Blackburn - clarified that the action tonight was putting the item on hold for 45 days.
MPT Packard - has GP review discussed this item. Don Neu - not in this contaext - community values and general values poses conflict.
Motion to approve 12. AB #21,202 - INTRODUCE AND ADOPT URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING. To consider introducing and adopting an Urgency Ordinance No. CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and, To consider declaring an intent to study and consider revisions to Title 5 of the Carlsbad Municipal Code as necessary to prohibit mini-satellite wagering facilities within the City. Resolution No. 2013-089. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 12. AB #21,202 - INTRODUCE AND ADOPT URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING. To consider introducing and adopting an Urgency Ordinance No. CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and, To consider declaring an intent to study and consider revisions to Title 5 of the Carlsbad Municipal Code as necessary to prohibit mini-satellite wagering facilities within the City. Resolution No. 2013-089. ACTION: (Approved) (Recorded at 00:44:42)
ORDINANCES FOR ADOPTION:
13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION:
AB 21,203
Motion to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: (Approved) (Recorded at 00:45:12)
Motion to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: (Approved) (Recorded at 00:45:56)
Motion to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 13. AB #21,203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. Adopting Ordinance No. CS-210, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. ACTION: (Approved) (Recorded at 00:46:45)
No reportable action from closed session.
14. AB #21,204 - REVISE REGULATIONS REGARDING THE HOURS OF CONSTRUCTION. Adopting Ordinance No. CS-211, amending the Carlsbad Municipal Code, Title 1 - General Provisions, Title 8 - Public Peace, Morals and Safety, and Title 15 - Grading and Drainage, to revise regulations affecting hours of construction. ACTION:
AB 21,204
15. AB #21,205 - CALIFORNIA COASTAL COMMISSION SUGGESTED MODIFICATIONS TO NONCONFORMING BUILDINGS AND USES ORDINANCE - ZCA 09-01(A)/LPCA 09-01(A). Adopting Ordinance No. CS-212, approving an amendment to the Zoning Ordinance (ZCA 09-01(A)), accepting and administering the Coastal Commission's suggested modifications to the City of Carlsbad Local Coastal Program (LCPA 09-01(A)), as related to the City's Non-Conforming Buildings and Uses Ordinance. ACTION:
AB 21,205
PUBLIC COMMENT:
Walt Meier - requested an ordinance against throw-away papers in driveways.
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.
16. AB #21,206 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2013-090.
AB 21,206
Motion to approve 16. AB #21,206 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2013-090. Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 16. AB #21,206 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2013-090. (Approved) (Recorded at 00:51:09)
17. AB #21,208 - GUNTHER'S RETAIL 2 - CUP 12-15. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 12-15 to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms within the Planned Industrial Zone on property located at 2717 Loker Avenue West, Suite B. Resolution No. 2013-096. ACTION:
AB 21,208
Vote 3-2 (Hall - Packard - No)
Motion to approve 17. AB #21,208 - GUNTHER'S RETAIL 2 - CUP 12-15. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 12-15 to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms within the Planned Industrial Zone on property located at 2717 Loker Avenue West, Suite B. Resolution No. 2013-096. ACTION: Moved by Council Member Blackburn, seconded by .
Mayor Hall stated he felt that the City Council needed to have a full hearing and understanding of what office and retail space is in the industrial zone.
closed ph 7:16
Paul Laniger with MoreWest Real Estate - manager of Promintory business park. confirmed the amendment to the ccand rs.
Tom IGAN - caRLSBAD CUSTOM CABINETS OWNE part of the building next to Gunther's Gifts. Gunthers are the only one on the property have security cameras set up for years. Addressed the tpe of people lisa and greg gunther are.
PUBLIC hEARING OPENED 7:13
Wood - asked how the membership worked online. Lisa - online membership doesn't work. Woudlnt send the product directly to buyer. Sending firearm to another federal licensed entitty for background check. Wood - membership Lisa - see drivers licenses, perhaps a membership fee, doesn't want it to be something where someone walks off the street - not meant to have that kind of traffic - its a way to restrict.
Blackburn - clarified your busienss is generally an online business, sell firearms online, there is a box you have to check regarding a place to pick up the firearm. ' Lisa - you need a retail store - can't be online only. Blackburn is this goig to be the kind of retail that states guns enter here. Lisa - no additional signage on the building. signage is discreet. one room in the building. blackburn are there any firearm retail places in Carlsbad Lisa - no
CM Douglas to Gunther with retail will you be subject to any and all firearm sales control now and in the future pertaining to background check. Asked for clarification regarding members only. Lisa, perhaps a membership component as a possibility, the person buying the gun has to be a member to do business to purchase a firearm. Douglas asked how the business will increase with the changes. Lisa hopes to bring in income to pay expenses.
Lisa Gunther came forward - retail space ancillary to the remaining portion of the business use. Retail meets all the requirements, is in harmony with the pm zone. meets all parking requirements. evey business in the pm zone should be able to exercise their rights per the 2nd amendment to the constitution. every business in the pm zone should not have to worry about security. city code requires permits but the planning department has selectively chosen not to enforce the code violations. The planning staff is proposing to the pc to permit more retail space in the business industrial zone. Lisa Gunther listed the businesses and associations that indicated their support for the retail use.
Blackburn, the gun sales support the evironment and their population. If the applciant had their associate say this is consistent with providing as suld this meet thwe requirements for these findings.ervice to their business population w Sahnnon - this is a small representation of the business park - this should be able to support the entire public. Blackburn - whatever the use is is not intended to cater to the entire general public? Don neu - the plannend indusgtrial area was developed to be a business to business daily goods and services uses among busienss. The council could be considering there are employees that might take advantage of the proposed service or merchandise. Blabkburn asked about future changes the city is proposing. This would not be design to cater just to theos group of business but would be design to cater to the pbulic.
LW - asked what the applicant means about eah person purchases a gun becomes a member of the business. shannon cannot give the answer - applicant can.
MPT Packard - asked about proposed changes to allow proposed recommendations of changes being developed would this application fit under the new proposed guidelines. Don - somewhat earl to answer this question, as curetnly drafts the proposal has what is defereed to as accessory retail as aprimary permitted use. If it was classified as storage of firears then there is some ability to have retails sales merchandes being the retail store. The applicant also indicated that online sales took place. propose there is one difference and the proposal taking to pc tomorrow night is a minor conditional use permit. tonight a a major conditional use permit.
Douglas - what percentage of theh builind is the 1,oo sq feet. Shannon - owns the entire building - 10% of the building. Douglas - staff doesnt' feel this business is supporting the businesses around it. Buseinss aroud them have givne their consent to permit this business. Shannon stated city has received a letter from approximately six members of the business association. Staff doesn't feel this meets the daily use.
18. AB #21,207 - POINSETTIA VILLAGE PAD 4 - CUP 04-28(A). To consider approving a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive. Resolution No. 2013-091. ACTION:
AB 21,207
Applicant - Don Armstrong representing the propoerty owner Opened PH - 7:28- closed - 7:28
Motion to approve 18. AB #21,207 - POINSETTIA VILLAGE PAD 4 - CUP 04-28(A). To consider approving a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive. Resolution No. 2013-091. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 18. AB #21,207 - POINSETTIA VILLAGE PAD 4 - CUP 04-28(A). To consider approving a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive. Resolution No. 2013-091. ACTION: (Approved) (Recorded at 01:33:55)
ADJOURNMENT TO THE SPECIAL MEETING OF THECARLSBAD MUNICIPAL WATER DISTRICT BOARD.
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT BOARD
SPECIAL MEETING AGENDA
APRIL 30, 2013
6:00 P.M
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 01:34:24)
Minutes of the Special Meeting held January 29, 2013.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 01:34:42)
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
19. AB #767 - NOTICE OF COMPLETION, PROJECT 50201. Accepting the construction of the Rancho Carlsbad Pressure Reducing Station and Meter Replacement Project, Project No. 502001 as complete; and, directing the Secretary to record a Notice of Completion and to release bonds in accordance with State Laws and City Ordinances. Resolution No. 1466. ACTION:
AB 767
20. AB #768 - APPROVE AGREEMENT FOR TRI-AGENCIES WATER TRANSMISSION PIPELINE- REACH 2, PHASE 1, PROJECT NO. 5008. Approving an agreement with Black and Veatch Corporation for engineering services for the Tri-Agencies Water Transmission Pipeline - Reach 2, Phase 1, Project No. 5008. Resolution No. 1467. ACTION:
AB 768
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
Property and Environmental Management Director David Hauser ntroduced Frank Velock of the San Diego County Water Authority and Peter MacGlaggan provided the update with a PowerPoint presentation (on file inthe Office of the City Clerk).
Farrah addressed the letter received by the Carls bad Research Center - {eter address and continue to meetin with Carlsbad Research Center representatives to mitigate their concerns.
Mayor Hall clarified that work would be conducted in the street where the West Bistro restaurant is located. Mr. MacGlaggan stated that there will be work on that street now, but discussions are occurring on that the hotel, two restaruants and service station reman open. Peter - Any business that has two driveways will always have access to one. Any business having one driveway, the work will be done at night to mitigate the business impact during business hours. Cul-de-sacs work will be accomplished on weekends as necessary. Mayor Hall - OMG situation with a claim. Peter - function of what happened and how to respond. crews are in constant contact with the utilities companies and construction crews have necessary staff on board to mitigation the disruption. economic damage - liability insurance should cover unforseen damage to property. Mayor Hall if person wanted to see claims procedure - send to peter macglaggan. Peter - has had discussion with some of the business property owners regarding the processing of claims.
21. AB #21,209 - CARLSBAD DESALINATION PROJECT UPDATE. To receive a presentation from representatives of Poseidon Resources and the San Diego County Water Authority regarding the Carlsbad Desalination Project. ACTION:
AB 21,209
Meeting Paused
Meeting Resumed
22. AB #21,210 - SEPCIAL EVENT GRANT REQUEST - CARLSBAD BEACH FEST. To consider the request for Special Event Grant Funding from the Carlsbad Beach Fest Foundation; and, authorizing the appropriation and disbursement of said funds. Resolution No. 2013-092. ACTION:
AB 21,210
Vote to approve 22. AB #21,210 - SEPCIAL EVENT GRANT REQUEST - CARLSBAD BEACH FEST. To consider the request for Special Event Grant Funding from the Carlsbad Beach Fest Foundation; and, authorizing the appropriation and disbursement of said funds. Resolution No. 2013-092. ACTION: (Approved) (Recorded at 02:10:08)
Motion to approve 22. AB #21,210 - SEPCIAL EVENT GRANT REQUEST - CARLSBAD BEACH FEST. To consider the request for Special Event Grant Funding from the Carlsbad Beach Fest Foundation; and, authorizing the appropriation and disbursement of said funds. Resolution No. 2013-092. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
CM Blackbunr asked about the event not meetings the Policy 51 guidleines due to the fact it is not a new event. How many years nowmally would an event be eligible under policy 52. The policy is three years and two additional years for in-kind services.
Tammy Ury, the president of Carlsbad Beach Foundation and executive director for beach fest.Project that has been successful with collaboration with many different business, event is staged on state property. Mayor Hall asked when the foundation would be fully sustainable on its own. Tammy - next couple of years. The event s technically six years and running, however, this is the third year of expansion with a mile long area of beach.
Pacard - asked about the state resourcces. Tammy - state waives $16,000 permit. Tower guards on on duty from 10 am until 5 pm. Saturday june 15 from 8 am until 4 pm - at tamarack state beach Invite Council to the big stage at 11:45 am
23. AB #21,211 - COMMUNITY ACTIVITY GRANTS FUNDING RECOMMENDATIONS FOR FY 2012-13. To consider the recommendations by the Community Activity Grants Citizen Review Committee for funding and disbursement to identified organizations on a reimbursement basis only. Resolution No. 2013-093. ACTION:
AB 21,211
Blackburn asked why no distribution of the last $6,000 and keeping unti lnext year. John Coates stated that the other request that was not funded did not serve Carlsbad residents. Blackburn, organizations asked for larger amount and smaller amount awared. Coates - will require additional investigation.
Motion to approve 23. AB #21,211 - COMMUNITY ACTIVITY GRANTS FUNDING RECOMMENDATIONS FOR FY 2012-13. To consider the recommendations by the Community Activity Grants Citizen Review Committee for funding and disbursement to identified organizations on a reimbursement basis only. Resolution No. 2013-093. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 23. AB #21,211 - COMMUNITY ACTIVITY GRANTS FUNDING RECOMMENDATIONS FOR FY 2012-13. To consider the recommendations by the Community Activity Grants Citizen Review Committee for funding and disbursement to identified organizations on a reimbursement basis only. Resolution No. 2013-093. ACTION: (Approved) (Recorded at 02:14:23)
24. AB #21,212 - 2013-14 FUNDING ALLOCATIONS FOR THE CDBG/HOME PROGRAM. To consider approving funding applications for the 2013-2014 Community Development Block Grant and Home Investment Partnership Program, authorizing the City Manager to execute agreements for the approved projects; and, authorizing the submittal of an Annual Funding Plan to the U.S. Department of Housing and Urban Development. Resolution No. 2013-094. ACTION:
AB 21,212
Blackburn - $359 for the property - appraised for lesser what happens now boensch - the parties negotiate, if needed a new appraisal could be requested If the appraisal stands habitat can only pay up to the appraised value - boensch - federal guidelines
Laruie - looking to build and offer a unit for a wounded veteran. The appraiser and the listing agent have been negotiating.
Douglas - $307 K is the value of the land. HOw much to build
Lari $200-250lk to build each unit
Douglas - does habitat get funding assistance.
Lari - have support from Home Depot and named others.
CM Blackburn stated he had no financial interest in the meals on wheels program.
motion to approvelist of recommended appropriatioans minus the property acquisition. Ceila Council consensus on the list of projects.
Mark's motion passes 3-2
Mayor Hall seconded packard's motion.
Blackburn - will we lose the money if we don't use it Frank - HUD looks at the funding balance and wants to know how city is going to spend the funds. If money not spent by next april - can lose the money remaining in balance. Frank - city was out of compliance until this month and allocating the funding with habitat will put the city out of compliance with HUD. no knowledge if another buyer can come forward. Smount f funds is small and developers are lookig for larger amounts of funding.
Hall - what is a small amount Boensch the $307K is considered a small amount.
Blackburn are there a=other projects waiting in line for that funding Frank - no
no second to Mr. Packard's motions.
Motion to approve 24. AB #21,212 - 2013-14 FUNDING ALLOCATIONS FOR THE CDBG/HOME PROGRAM. To consider approving funding applications for the 2013-2014 Community Development Block Grant and Home Investment Partnership Program, authorizing the City Manager to execute agreements for the approved projects; and, authorizing the submittal of an Annual Funding Plan to the U.S. Department of Housing and Urban Development. Resolution No. 2013-094. ACTION: Moved by Council Member Blackburn, seconded by .
no second given
Gar Barbbario if council does not go with the recommendation, then council needs to direct what to do with the funds.
25. AB #21,213 - AUTHORIZE STAFF TO TAKE ACTION REGARDING THE OPERATION OF THE ALGA NORTE COMMUNITY PARK AND AQUATIC CENTER. To consider authorizing staff to take the necessary actions to operate Alga Norte Community Park and Aquatic Center. Resolution No. 2013-095. ACTION:
AB 21,213
Packard - addressed the swim organization s that committed to support this park to make this a break even what is their level of commitment Hazeltine - commitment remains strong with the few organizaions that parks and recreation has been in contact with
Blackburn - what percentage of cost recovers is there on a typical park Lolly - the cost recovers of the sports program is high, enrichment classes, preschool - what it really comes down to is diversity. the area of the lowest covery is teen program.
Hall - is a 60% or 80% recovers Lolly - 90% recovery with sports program remaining program on the other parks are in the 60% -70% recovery. Hazeltine - Cost recovery is looked at in terms of programs - not an entire facility. Alga Norte Park in its entirety will be factored into cost recovery numbers. Hall two people or two additional people Hazeltine - get his answer - two additional people added during budget process Hall - in prio budget - shows free product city would be selling - is staff putting a cost into everything - fees an agenda item changing fee structure Hazeltine - asking for expanded fee authority in budget process to allow for pricing based on market conditions. Hall - price flexibility is factored into the recovery costs Hazeltine - Hall - cost per year increse for overhead Lolly 3% Hazeltine -
Wood - to create futher efficiencies at the park did sstaff look at alternative energy systems. Hazeltine - looking a photovoltaic to power the entire park.
Motion to approve 25. AB #21,213 - AUTHORIZE STAFF TO TAKE ACTION REGARDING THE OPERATION OF THE ALGA NORTE COMMUNITY PARK AND AQUATIC CENTER. To consider authorizing staff to take the necessary actions to operate Alga Norte Community Park and Aquatic Center. Resolution No. 2013-095. ACTION: Moved by Mayor Pro Tem Packard, seconded by .
Vote to approve 25. AB #21,213 - AUTHORIZE STAFF TO TAKE ACTION REGARDING THE OPERATION OF THE ALGA NORTE COMMUNITY PARK AND AQUATIC CENTER. To consider authorizing staff to take the necessary actions to operate Alga Norte Community Park and Aquatic Center. Resolution No. 2013-095. ACTION: (Approved) (Recorded at 02:47:24)
Farrah DOuglas asked that the Gunther item not return to Coucnil until May 14.
Adjournemnt 5:56
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
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