Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held December 6, 2011.
Minutes of the Regular Meeting held December 6, 2011.
Minutes of the Joint Special Meetings held December 6, 2011.
Minutes of the Special Meeting held December 13, 2011.
Minutes of the Regular Meeting held December 13, 2011.
Approved 5/0
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
PRESENTATIONS:
Proclamation presentation in recognition of the Winter Music Celebration.
Mayor Pro Tem Kulchin presented the proclamation to Bobbi and Nancy .... in recognition of the Winter Music Celebration.
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.
Kulchin moved, Items 1 through 12 - approved 5/0
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #20,769 - ACCEPTANCE OF DONATION. Accepting the donation of a "Scorpion" Lightbar installed on a Carlsbad Police patrol vehicle from Tomar Electronics. Resolution No. 2012-001. ACTION:
AB #20,769
2. AB #20,770 - APPROVE OUT-OF-STATE TRAVEL. Approving out-of-state travel for the Information Technology Director to attend two forums on information technology innovation - the Government IT Forum, February 26, 2012 to February 28, 2012 in Dallas, Texas and the Gartner CIO Leadership Forum, March 25, 2012 to March 27, 2012 in Phoenix, Arizona. Resolution No. 2012-002. ACTION:
AB #20,770
3. AB #20,771 - ADVERTISE FOR BIDS. Approving the plans and specifications for the Northwest Quadrant Storm Drain Improvement Program, (Mountain View/Pacific Avenue, Roosevelt Street/Beech Avenue to Laguna Drive, Madison Street/North of Grand Avenue and Harrison Street South of Chinquapin Avenue); and, authorizing the City Clerk to advertise for bids, Project No. 6608. Resolution No. 2012-003. ACTION:
AB #20,771
4. AB #20,772 - ADVERTISE FOR BIDS. Approving the plans and specifications for the Corrugated Metal Pipe (CMP) Replacement Program - Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue Storm Drain Replacement Program; and, authorizing the City Clerk to advertise for bids, Project Nos. 6607 and 6602. Resolution No. 2012-004. ACTION:
AB #20,772
5. AB #20,773 - ADVERTISE FOR BIDS. Approving the specifications for the 2012 Concrete Replacement; and, authorizing the City Clerk to advertise for bids, Project Nos. 6013 and 6021. Resolution No. 2012-005. ACTION:
AB #20,773
6. AB #20,774 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Charles King Company, Inc. for the Occidental Interceptor Sewer Rehabilitation, Project No. 5522. Resolution No. 2012-006. ACTION:
AB #20,774
7. AB #20,775 - AWARD CONTRACT. Accepting bids and awarding the contract to Burtech Pipeline, Inc. for the construction of the Northwest Quadrant Storm Drain Improvement Program, Concrete Repair Work, and Pavement Management Program, Project Nos. 6608, 6021 and 6001. Resolution No. 2012-007. ACTION:
AB #20,775
8. AB #20,776 - DEDICATION OF EASEMENT TO SDG&E. Approving the dedication of an easement at the Encina Water Pollution Control Facility to San Diego Gas and Electric Company for electric and communication facilities, located at the Encina Water Pollution Control Facility on Avenida Encinas west of Interstate 5, PR 11-39. Resolution No. 2012-008. ACTION:
AB #20,776
9. AB #20,781 - APPROVE CLASSIFICATION CHANGE FOR MONROE STREET. Approving the submittal of a functional classification change for Monroe Street, from Carlsbad Village Drive to Park Drive, to the State of California, Department of Transportation. Resolution No. 2012-012. ACTION:
AB #20,781
10. AB #20,777 - APPROVE MOU WITH THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. Approving a Memorandum of Understanding with the Carlsbad Firefighters' Association, Inc. (CFA). Resolution No. 2012-009. ACTION:
AB #20,777
11. AB #20,778 - MODIFICATION TO CALPERS CONTRIBUTION FOR POLICE MANAGEMENT SAFETY EMPLOYEES. Amending the City's California Public Employees' Retirement System (CalPERS) Employer Paid Member Contribution for employees represented by the Carlsbad Police Management Association (CPMA). Resolution No. 2012-010. ACTION:
AB #20,778
12. AB #20,779 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of November 30, 2011. ACTION:
AB #20,779
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name.
Walt Meier, Carlsbad, came forward to thank Council for their work on La Costa Avenue, and other issues.
PUBLIC HEARINGS:
This item was continued from the December 13, 2011 City Council meeting.
13. AB #20,761 - DOS COLINAS PROJECT. To consider amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the zoning map to grant a Zone Change (ZC 09-02) on three lots from Limited Control (L-C) to Residential Density-Multiple (RD-M), Residential Mobile Home Park (RMHP) and Open Space (OS) on a 46 acre property generally located north of Sunny Creek Road, South of Cannon Road, East of El Camino Real, and west of the future extension of College Boulevard Reach "A"; and, To consider certifying the Refined No Affordable Housing site alternative of an Environmental Impact Report EIR 09-01, adopting the candidate findings of fact and the Mitigation Monitoring and Reporting Program, and to consider approving a General Plan Amendment GPA 09-02 to amend the Land Use and Open Space Conservation elements of the General Plan from Residential Low-Medium Density (RLM, 0-4 DU/AC) and the redistribution of Open Space (OS), a Local Facilities Management Plan Amendment LFMP 15(E) and Residential Mobile Home Park Permit Amendment RMHP 96-01 (D) for the Dos Colinas project generally located on a 46-acre parcel north of Sunny Creek Road, south of Cannon Road, east of El Camino Real, and west of the future extension of College Boulevard Reach "A". Introduction of Ordinance No. CS-169. Resolution No. 2011-285. ACTION:
Shannon Werneke and Don Neu gave the staff report and presented the Power Point presentation, on file in the office of the City Clerk.
Douglas - total units once all properties are built? Shannon and Don Neu outlined proposed building and zoning. Blackburn - Muni Code "Commercial Living" exempt from residential impact fees, are there other fees being paid by cottages and what would they pay if they were residential units. Shannon - fees will be very similar or exactly the same. Blackburn - excess dwelling units being banked, how many? Shannon - 111 to 130 units, Douglas - Time limit on CUP's for other assisted living units. Shannon - no expiration date for some. Don Neu - there has been no operating problems. Douglas - explain why we call them Commercial Living Units as opposed to hotels. Don Neu explained the definition, siting the Citywide Facilities and Improvement Plan, Professional Care Facility designation. Blackburn - Rancho Carlsbad Mobile Home Park flooding, how will this affect Rancho Carlsbad. Josh - Basin BJ will lessen flood prone damage will provide benefits against flooding. Douglas - Low Income/Affordable units - same services? Shannon - Defer to Mr. Renbach, but my understanding that they will use the same services, but pay less. Douglas - Mr. Arnolt's letter, Rancho Carlsbad frontage on College Blvd., are they responsible for maintenance of College Blvd. Josh - College Blvd is a dedicated street, recognise that Rancho Carlsbad's frontage, would be an additional cost. They currently maintain El Camino Real, maintain landscaping, we would anticipate the same for this project. Payments depend on negotiations with the developer. Douglas - commercial sites, walkability for the residents. Don Neu - preliminary plans are being developed, nothing final. CCRC definition, - Shannon - this is a State definition, general descriptor, technically it's a Professional Care Facility.
Applicant John Rimbach, President, West Living gave the applicant's presentation. Douglas - traffic concerns and proximity to high school. Douglas - private finance program for College Blvd, options? Rimbach - pursuing cost reimbursement agreement, private development agreement. Hall - relationship of developer with Rancho Carlsbad.
Mayor Hall opened Public Hearing at 7.17 pm. Steven Carroll, Carlsbad, what are the concerns of letters received regarding this project? In support of the project. Delores Welte, Encinitas, representing North County Advocates, not sure all issues of density or enviornmental issues brought up by letters received. report of the Envision Carlsbad Report. Affordable income housing when will it be built. Dennis Nygaard, Oceanside, representing Preserve Calaverra, concerned about natural resources and balance of open space area within the project. Deanne Wymer, Carlsbad, representing Friends of Aviara, requested Council take into consideration issues raised in various letters sent regarding this project, the placement of affordable housing, change to General Plan, condition project on Envision Carlsbad process being addressed, licenses required, requesting the project is held until all questions are answered. William Coberth, Carlsbad, representing Rancho Carlsbad Owners Association, concerned about RV parking and community garden locations, in support of project. Clarence Jewell, Carlsbad, on behalf of Rancho Carlsbad Recreation Vechicle Club, in support of project. Dennis Esh, Carlsbad, representing Rancho Carlsbad Garden Club, in support of project. Bill Arnold, Carlsbad, supports project. Sue Lofton, Carlsbad, representing Rancho Carlsbad, supplied correspondence, strongly disagree with the imposition of responsibility for College, cost related, request changes to ERATA conditions. Marianne Varney, Carlsbad, representing Preserve Calaverra, project does not meet minimum requirements for water quality, problem for watershed. protect, in opposition to the project as presented. Casey Sincerali, Carlsbad, representing Preserve Calaverra, in opposition to the project as presented. Marvin Sipple, Carlsbad, in support of the project with a request to clear. Closed public hearing at 8:05 pm.
Recess - 8:09 pm. Resumed - 8:15 pm.
Staff responded to letters received regarding this project and questions raised by speakers during the public hearing - General Plan amendments, commercial living unit issue, Envision Carlsbad process, smart growth opportunity areas, traffic, the affordable housing condition, excess dwelling bank, hydrology and drainage issues, open space and habitat management requirements. Staff responded to questions from Council regarding open space, Basin BJ, impact of medical aid calls, proposed timing of the project, completion of College Blvd., building affordable housing, green building regulations, recycled water use for green areas, financial obligation agreements. The developer responded regarding the number of medical calls - would be about 80 per year, based on the average of 200 per year at La Costa Glen with 700 residents. Affordable units. Reviewed the ERATA sheet, accept addition, projected timeline for project. ******The City Attorney's memo changing the Resolution regarding "to accept deposits" Craig Irwin, Irwin Partners Architects, also answered questions regarding licensing. Closed public hearing at 8:51 pm. Blackburn - supports project concern 300 + units that won't be counted in growth management plan, not consistent with our growth management plan. Requested Council direct City Manager to have a workshop re Policy 43, possible municipal code changes regarding commercial living units and dwellings, not put 131 excess dwelling units into the bank. City Attorney advised that changes to the municode would require a public hearing.
City Attorney Ron Ball titled the Ordinance, as amended, by adding Section 3, "or permit to accept deposits". Kulchin moved - approved 5/0. Resolution as amended on its face by the City Attorney to include the wording by the Rancho Carlsbad Owners Association's letter of December 14, 2011 (contained in the ERATA sheet). Kulchin moved - approved 5/0.
AB #20,761
14. AB #20,780 - TURRO RESIDENCE. To consider approving a determination that the Turro Residence project is prohibited from operating a vacation rental located at 5143 Shore Drive, CDP 05-48. Resolution No. 2012-011. ACTION:
Senior Planner Van Lynch gave the staff report and Power Point presentation, on file in the office of the City Clerk. Mayor Hall opened the public hearing at 9:15 pm. Paul Turro, owner and resident of the property, addressed Council regarding prior and current uses of his dwelling. Gregory Post, attorney for Dr. Paul Turro, addressed Council regarding the interpretation of vacation rentals, requesting a definition of vacation rentals in the Municipal Code, and for consistency in enforcement. Alice Brown, Carlsbad, regarding the Terramar area's zoning and requesting regulations in R1 residential neighborhoods. Jonnie Johnson, Carlsbad, requesting definition and regulation of vacation rental. Liz Cairns, Carlsbad, came forward to address Council in support of Mr. Turro. Mayor Hall closed the public hearing at 9:34 pm. City Attorney explained the Planning Commission resolution that was adopted in 2006, Condition #13, and other residential uses that can apply to this property. Kulchin moved - approved 5/0.
AB #20,780
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING AGENDA, JANUARY 10, 2012, 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
15. AB #745 - AUTHORIZE GRANT APPLICATION. Authorizing a grant application to the California Center for Sustainable Energy for the submission of a Self-Generation Incentive Program (SGIP) for a Hydroelectric Pressure Reducing Station at Maerkle Reservoir, Project. No. 5025. Resolution No. 1434. ACTION:
AB #745
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION, JOINT SPECIAL MEETING AGENDA, JANUARY 10, 2012, 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Joint Special Meeting held December 6, 2011.
Minutes of the Special Meeting held December 6, 2011.
Kulchin moved - approved 5/0.
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.
15. AB #745 - AUTHORIZE GRANT APPLICATION. Authorizing a grant application to the California Center for Sustainable Energy for the submission of a Self-Generation Incentive Program (SGIP) for a Hydroelectric Pressure Reducing Station at Maerkle Reservoir, Project. No. 5025. Resolution No. 1434. ACTION:
Kulchin moved - Item #15 - approved 5/0.
APPROVAL OF MINUTES:
Minutes of the Joint Special Meeting held December 6, 2011.
Kulchin moved - approved 5/0
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.
Kulchin moved - Item 16 - approved 5/0.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
16. AB #20,782 - DESIGNATE THE CITY COUNCIL AS SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY. Electing and approving to have the City of Carlsbad act as the Successor Agency for the Carlsbad Redevelopment Agency; and, to assume said role upon dissolution of the agency as of February 1, 2012; and, to accept the election of the Carlsbad Housing Authority as the Successor Housing Agency to assume the housing functions of the Carlsbad Redevelopment Agency as of February 1, 2012; and, to accept transfer of the related housing assets of the Agency. Council Resolution No. 2012-013. Commission Resolution No. 519. ACTION:
AB #20,782
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
17. AB #20,783 - RESIDENT SURVEY AND STATE OF EFFECTIVENESS REPORT. To accept the 2011 Resident Public Opinion Survey and State of Effectiveness reports. ACTION:
AB #20,783
18. AB #20,784 - CDBG CITIZEN REVIEW COMMITTEE APPOINTMENT. To consider appointing members to the City's Community Activity Grants (CAG) Citizen Grant Review Committee. Resolution No. 2012-014. ACTION:
Kulchin moved - approved 5/0>
AB #20,784
19. AB #20,785 - BEACH PRESERVATION COMMITTEE APPOINTMENT. To consider appointing one member to the Beach Preservation Committee. Resolution No. 2012-015. ACTION:
Kulchin moved - approved 5/0.
AB #20,785
20. AB #20,786 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD APPOINTMENT. To consider appointing one member to the Carlsbad Tourism Business Improvement District Board (CTBID). Resolution No. 2012-016. ACTION:
Hall moved - approved 5/0.
ITEM #21 - URGENCY ORDINANCE MR. HOFFMAN CAME FORWARD TO ADDRESS COUNCIL REGARDING POTENTIAL DISASTERS, THE SAN ONOFRE POWER PLANT, THE IMPORTANCE OF GREEN ENERGY CITY ATTORNEY RON BALL TITLED THE URGENCY ORDINANCE. BLACKBURN MOVED, APPROVED 5/0.
AB #20,786
PUBLIC COMMENT: Continuation of the Public Comments.
This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section and for those persons who have demonstrated by prior conduct that they are not likely to conduct themselves in a courteous manner or observe order and decorum during the meeting.
When you are called to speak, please come forward and state your name.
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.
COUNCIL REPORTS AND COMMENTS: (* = APPOINTED BY OTHER AGENCY) (REVISED 3/18/11)
PACKARD
Buena Vista Lagoon JPC, City/School Committee, North County Transit District Board of Directors, NCTD Performance, Administration and Finance Committee, North County Transit District Executive Committee, North County Dispatch Joint Powers Authority
DOUGLAS
League of California Cities - SD Division. San Diego County Water Authority Board of Directors, SANDAG Board of Directors (2nd alternate), SANDAG Borders Committee,
BLACKBURN
Buena Vista Lagoon JPC, Chamber of Commerce Liaison, City/School Committee, Encina Joint Powers (JAC), Encina Wastewater Authority, EWA Capital Improvement Committee, Chair, North County Dispatch Joint Powers Authority
KULCHIN
CalCoast Board of Directors, Encina Joint Powers (JAC), Encina Wastewater Authority, Chair, EWA Policy & Finance Committee, North County Transit District (alternate), *San Diego Service Authority for Freeway Emergencies (SAFE), SANDAG Board of Directors (1st alternate), *SANDAG Shoreline Preservation Committee
HALL
Chamber of Commerce Liaison, LAFCO Cities Advisory Committee, North County Mayors and Managers, SANDAG Board of Directors, SANDAG Transportation Committee
CITY MANAGER COMMENTS:
CITY ATTORNEY COMMENTS:
ANNOUNCEMENTS:
This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in.
ADJOURNMENT:
Jan 10, 2012 City Council, Carlsbad Municipal Water District Board and Housing and Redevelopment Commission Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held December 6, 2011.
Minutes of the Regular Meeting held December 6, 2011.
Minutes of the Joint Special Meetings held December 6, 2011.
Minutes of the Special Meeting held December 13, 2011.
Minutes of the Regular Meeting held December 13, 2011.
Approved 5/0
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
PRESENTATIONS:
Proclamation presentation in recognition of the Winter Music Celebration.
Mayor Pro Tem Kulchin presented the proclamation to Bobbi and Nancy .... in recognition of the Winter Music Celebration.
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.
Kulchin moved, Items 1 through 12 - approved 5/0
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #20,769 - ACCEPTANCE OF DONATION. Accepting the donation of a "Scorpion" Lightbar installed on a Carlsbad Police patrol vehicle from Tomar Electronics. Resolution No. 2012-001. ACTION:
AB #20,769
2. AB #20,770 - APPROVE OUT-OF-STATE TRAVEL. Approving out-of-state travel for the Information Technology Director to attend two forums on information technology innovation - the Government IT Forum, February 26, 2012 to February 28, 2012 in Dallas, Texas and the Gartner CIO Leadership Forum, March 25, 2012 to March 27, 2012 in Phoenix, Arizona. Resolution No. 2012-002. ACTION:
AB #20,770
3. AB #20,771 - ADVERTISE FOR BIDS. Approving the plans and specifications for the Northwest Quadrant Storm Drain Improvement Program, (Mountain View/Pacific Avenue, Roosevelt Street/Beech Avenue to Laguna Drive, Madison Street/North of Grand Avenue and Harrison Street South of Chinquapin Avenue); and, authorizing the City Clerk to advertise for bids, Project No. 6608. Resolution No. 2012-003. ACTION:
AB #20,771
4. AB #20,772 - ADVERTISE FOR BIDS. Approving the plans and specifications for the Corrugated Metal Pipe (CMP) Replacement Program - Washington Street, Badajoz Place, Elmwood Street and La Costa Avenue Storm Drain Replacement Program; and, authorizing the City Clerk to advertise for bids, Project Nos. 6607 and 6602. Resolution No. 2012-004. ACTION:
AB #20,772
5. AB #20,773 - ADVERTISE FOR BIDS. Approving the specifications for the 2012 Concrete Replacement; and, authorizing the City Clerk to advertise for bids, Project Nos. 6013 and 6021. Resolution No. 2012-005. ACTION:
AB #20,773
6. AB #20,774 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Charles King Company, Inc. for the Occidental Interceptor Sewer Rehabilitation, Project No. 5522. Resolution No. 2012-006. ACTION:
AB #20,774
7. AB #20,775 - AWARD CONTRACT. Accepting bids and awarding the contract to Burtech Pipeline, Inc. for the construction of the Northwest Quadrant Storm Drain Improvement Program, Concrete Repair Work, and Pavement Management Program, Project Nos. 6608, 6021 and 6001. Resolution No. 2012-007. ACTION:
AB #20,775
8. AB #20,776 - DEDICATION OF EASEMENT TO SDG&E. Approving the dedication of an easement at the Encina Water Pollution Control Facility to San Diego Gas and Electric Company for electric and communication facilities, located at the Encina Water Pollution Control Facility on Avenida Encinas west of Interstate 5, PR 11-39. Resolution No. 2012-008. ACTION:
AB #20,776
9. AB #20,781 - APPROVE CLASSIFICATION CHANGE FOR MONROE STREET. Approving the submittal of a functional classification change for Monroe Street, from Carlsbad Village Drive to Park Drive, to the State of California, Department of Transportation. Resolution No. 2012-012. ACTION:
AB #20,781
10. AB #20,777 - APPROVE MOU WITH THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. Approving a Memorandum of Understanding with the Carlsbad Firefighters' Association, Inc. (CFA). Resolution No. 2012-009. ACTION:
AB #20,777
11. AB #20,778 - MODIFICATION TO CALPERS CONTRIBUTION FOR POLICE MANAGEMENT SAFETY EMPLOYEES. Amending the City's California Public Employees' Retirement System (CalPERS) Employer Paid Member Contribution for employees represented by the Carlsbad Police Management Association (CPMA). Resolution No. 2012-010. ACTION:
AB #20,778
12. AB #20,779 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of November 30, 2011. ACTION:
AB #20,779
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name.
Walt Meier, Carlsbad, came forward to thank Council for their work on La Costa Avenue, and other issues.
PUBLIC HEARINGS:
This item was continued from the December 13, 2011 City Council meeting.
13. AB #20,761 - DOS COLINAS PROJECT. To consider amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the zoning map to grant a Zone Change (ZC 09-02) on three lots from Limited Control (L-C) to Residential Density-Multiple (RD-M), Residential Mobile Home Park (RMHP) and Open Space (OS) on a 46 acre property generally located north of Sunny Creek Road, South of Cannon Road, East of El Camino Real, and west of the future extension of College Boulevard Reach "A"; and, To consider certifying the Refined No Affordable Housing site alternative of an Environmental Impact Report EIR 09-01, adopting the candidate findings of fact and the Mitigation Monitoring and Reporting Program, and to consider approving a General Plan Amendment GPA 09-02 to amend the Land Use and Open Space Conservation elements of the General Plan from Residential Low-Medium Density (RLM, 0-4 DU/AC) and the redistribution of Open Space (OS), a Local Facilities Management Plan Amendment LFMP 15(E) and Residential Mobile Home Park Permit Amendment RMHP 96-01 (D) for the Dos Colinas project generally located on a 46-acre parcel north of Sunny Creek Road, south of Cannon Road, east of El Camino Real, and west of the future extension of College Boulevard Reach "A". Introduction of Ordinance No. CS-169. Resolution No. 2011-285. ACTION:
Shannon Werneke and Don Neu gave the staff report and presented the Power Point presentation, on file in the office of the City Clerk.
Douglas - total units once all properties are built? Shannon and Don Neu outlined proposed building and zoning. Blackburn - Muni Code "Commercial Living" exempt from residential impact fees, are there other fees being paid by cottages and what would they pay if they were residential units. Shannon - fees will be very similar or exactly the same. Blackburn - excess dwelling units being banked, how many? Shannon - 111 to 130 units, Douglas - Time limit on CUP's for other assisted living units. Shannon - no expiration date for some. Don Neu - there has been no operating problems. Douglas - explain why we call them Commercial Living Units as opposed to hotels. Don Neu explained the definition, siting the Citywide Facilities and Improvement Plan, Professional Care Facility designation. Blackburn - Rancho Carlsbad Mobile Home Park flooding, how will this affect Rancho Carlsbad. Josh - Basin BJ will lessen flood prone damage will provide benefits against flooding. Douglas - Low Income/Affordable units - same services? Shannon - Defer to Mr. Renbach, but my understanding that they will use the same services, but pay less. Douglas - Mr. Arnolt's letter, Rancho Carlsbad frontage on College Blvd., are they responsible for maintenance of College Blvd. Josh - College Blvd is a dedicated street, recognise that Rancho Carlsbad's frontage, would be an additional cost. They currently maintain El Camino Real, maintain landscaping, we would anticipate the same for this project. Payments depend on negotiations with the developer. Douglas - commercial sites, walkability for the residents. Don Neu - preliminary plans are being developed, nothing final. CCRC definition, - Shannon - this is a State definition, general descriptor, technically it's a Professional Care Facility.
Applicant John Rimbach, President, West Living gave the applicant's presentation. Douglas - traffic concerns and proximity to high school. Douglas - private finance program for College Blvd, options? Rimbach - pursuing cost reimbursement agreement, private development agreement. Hall - relationship of developer with Rancho Carlsbad.
Mayor Hall opened Public Hearing at 7.17 pm. Steven Carroll, Carlsbad, what are the concerns of letters received regarding this project? In support of the project. Delores Welte, Encinitas, representing North County Advocates, not sure all issues of density or enviornmental issues brought up by letters received. report of the Envision Carlsbad Report. Affordable income housing when will it be built. Dennis Nygaard, Oceanside, representing Preserve Calaverra, concerned about natural resources and balance of open space area within the project. Deanne Wymer, Carlsbad, representing Friends of Aviara, requested Council take into consideration issues raised in various letters sent regarding this project, the placement of affordable housing, change to General Plan, condition project on Envision Carlsbad process being addressed, licenses required, requesting the project is held until all questions are answered. William Coberth, Carlsbad, representing Rancho Carlsbad Owners Association, concerned about RV parking and community garden locations, in support of project. Clarence Jewell, Carlsbad, on behalf of Rancho Carlsbad Recreation Vechicle Club, in support of project. Dennis Esh, Carlsbad, representing Rancho Carlsbad Garden Club, in support of project. Bill Arnold, Carlsbad, supports project. Sue Lofton, Carlsbad, representing Rancho Carlsbad, supplied correspondence, strongly disagree with the imposition of responsibility for College, cost related, request changes to ERATA conditions. Marianne Varney, Carlsbad, representing Preserve Calaverra, project does not meet minimum requirements for water quality, problem for watershed. protect, in opposition to the project as presented. Casey Sincerali, Carlsbad, representing Preserve Calaverra, in opposition to the project as presented. Marvin Sipple, Carlsbad, in support of the project with a request to clear. Closed public hearing at 8:05 pm.
Recess - 8:09 pm. Resumed - 8:15 pm.
Staff responded to letters received regarding this project and questions raised by speakers during the public hearing - General Plan amendments, commercial living unit issue, Envision Carlsbad process, smart growth opportunity areas, traffic, the affordable housing condition, excess dwelling bank, hydrology and drainage issues, open space and habitat management requirements. Staff responded to questions from Council regarding open space, Basin BJ, impact of medical aid calls, proposed timing of the project, completion of College Blvd., building affordable housing, green building regulations, recycled water use for green areas, financial obligation agreements. The developer responded regarding the number of medical calls - would be about 80 per year, based on the average of 200 per year at La Costa Glen with 700 residents. Affordable units. Reviewed the ERATA sheet, accept addition, projected timeline for project. ******The City Attorney's memo changing the Resolution regarding "to accept deposits" Craig Irwin, Irwin Partners Architects, also answered questions regarding licensing. Closed public hearing at 8:51 pm. Blackburn - supports project concern 300 + units that won't be counted in growth management plan, not consistent with our growth management plan. Requested Council direct City Manager to have a workshop re Policy 43, possible municipal code changes regarding commercial living units and dwellings, not put 131 excess dwelling units into the bank. City Attorney advised that changes to the municode would require a public hearing.
City Attorney Ron Ball titled the Ordinance, as amended, by adding Section 3, "or permit to accept deposits". Kulchin moved - approved 5/0. Resolution as amended on its face by the City Attorney to include the wording by the Rancho Carlsbad Owners Association's letter of December 14, 2011 (contained in the ERATA sheet). Kulchin moved - approved 5/0.
AB #20,761
14. AB #20,780 - TURRO RESIDENCE. To consider approving a determination that the Turro Residence project is prohibited from operating a vacation rental located at 5143 Shore Drive, CDP 05-48. Resolution No. 2012-011. ACTION:
Senior Planner Van Lynch gave the staff report and Power Point presentation, on file in the office of the City Clerk. Mayor Hall opened the public hearing at 9:15 pm. Paul Turro, owner and resident of the property, addressed Council regarding prior and current uses of his dwelling. Gregory Post, attorney for Dr. Paul Turro, addressed Council regarding the interpretation of vacation rentals, requesting a definition of vacation rentals in the Municipal Code, and for consistency in enforcement. Alice Brown, Carlsbad, regarding the Terramar area's zoning and requesting regulations in R1 residential neighborhoods. Jonnie Johnson, Carlsbad, requesting definition and regulation of vacation rental. Liz Cairns, Carlsbad, came forward to address Council in support of Mr. Turro. Mayor Hall closed the public hearing at 9:34 pm. City Attorney explained the Planning Commission resolution that was adopted in 2006, Condition #13, and other residential uses that can apply to this property. Kulchin moved - approved 5/0.
AB #20,780
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING AGENDA, JANUARY 10, 2012, 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
15. AB #745 - AUTHORIZE GRANT APPLICATION. Authorizing a grant application to the California Center for Sustainable Energy for the submission of a Self-Generation Incentive Program (SGIP) for a Hydroelectric Pressure Reducing Station at Maerkle Reservoir, Project. No. 5025. Resolution No. 1434. ACTION:
AB #745
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION, JOINT SPECIAL MEETING AGENDA, JANUARY 10, 2012, 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Joint Special Meeting held December 6, 2011.
Minutes of the Special Meeting held December 6, 2011.
Kulchin moved - approved 5/0.
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.
15. AB #745 - AUTHORIZE GRANT APPLICATION. Authorizing a grant application to the California Center for Sustainable Energy for the submission of a Self-Generation Incentive Program (SGIP) for a Hydroelectric Pressure Reducing Station at Maerkle Reservoir, Project. No. 5025. Resolution No. 1434. ACTION:
Kulchin moved - Item #15 - approved 5/0.
APPROVAL OF MINUTES:
Minutes of the Joint Special Meeting held December 6, 2011.
Kulchin moved - approved 5/0
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.
Kulchin moved - Item 16 - approved 5/0.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
16. AB #20,782 - DESIGNATE THE CITY COUNCIL AS SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY. Electing and approving to have the City of Carlsbad act as the Successor Agency for the Carlsbad Redevelopment Agency; and, to assume said role upon dissolution of the agency as of February 1, 2012; and, to accept the election of the Carlsbad Housing Authority as the Successor Housing Agency to assume the housing functions of the Carlsbad Redevelopment Agency as of February 1, 2012; and, to accept transfer of the related housing assets of the Agency. Council Resolution No. 2012-013. Commission Resolution No. 519. ACTION:
AB #20,782
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
17. AB #20,783 - RESIDENT SURVEY AND STATE OF EFFECTIVENESS REPORT. To accept the 2011 Resident Public Opinion Survey and State of Effectiveness reports. ACTION:
AB #20,783
18. AB #20,784 - CDBG CITIZEN REVIEW COMMITTEE APPOINTMENT. To consider appointing members to the City's Community Activity Grants (CAG) Citizen Grant Review Committee. Resolution No. 2012-014. ACTION:
Kulchin moved - approved 5/0>
AB #20,784
19. AB #20,785 - BEACH PRESERVATION COMMITTEE APPOINTMENT. To consider appointing one member to the Beach Preservation Committee. Resolution No. 2012-015. ACTION:
Kulchin moved - approved 5/0.
AB #20,785
20. AB #20,786 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD APPOINTMENT. To consider appointing one member to the Carlsbad Tourism Business Improvement District Board (CTBID). Resolution No. 2012-016. ACTION:
Hall moved - approved 5/0.
ITEM #21 - URGENCY ORDINANCE MR. HOFFMAN CAME FORWARD TO ADDRESS COUNCIL REGARDING POTENTIAL DISASTERS, THE SAN ONOFRE POWER PLANT, THE IMPORTANCE OF GREEN ENERGY CITY ATTORNEY RON BALL TITLED THE URGENCY ORDINANCE. BLACKBURN MOVED, APPROVED 5/0.
AB #20,786
PUBLIC COMMENT: Continuation of the Public Comments.
This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section and for those persons who have demonstrated by prior conduct that they are not likely to conduct themselves in a courteous manner or observe order and decorum during the meeting.
When you are called to speak, please come forward and state your name.
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.
COUNCIL REPORTS AND COMMENTS: (* = APPOINTED BY OTHER AGENCY) (REVISED 3/18/11)
PACKARD
Buena Vista Lagoon JPC, City/School Committee, North County Transit District Board of Directors, NCTD Performance, Administration and Finance Committee, North County Transit District Executive Committee, North County Dispatch Joint Powers Authority
DOUGLAS
League of California Cities - SD Division. San Diego County Water Authority Board of Directors, SANDAG Board of Directors (2nd alternate), SANDAG Borders Committee,
BLACKBURN
Buena Vista Lagoon JPC, Chamber of Commerce Liaison, City/School Committee, Encina Joint Powers (JAC), Encina Wastewater Authority, EWA Capital Improvement Committee, Chair, North County Dispatch Joint Powers Authority
KULCHIN
CalCoast Board of Directors, Encina Joint Powers (JAC), Encina Wastewater Authority, Chair, EWA Policy & Finance Committee, North County Transit District (alternate), *San Diego Service Authority for Freeway Emergencies (SAFE), SANDAG Board of Directors (1st alternate), *SANDAG Shoreline Preservation Committee
HALL
Chamber of Commerce Liaison, LAFCO Cities Advisory Committee, North County Mayors and Managers, SANDAG Board of Directors, SANDAG Transportation Committee
CITY MANAGER COMMENTS:
CITY ATTORNEY COMMENTS:
ANNOUNCEMENTS:
This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in.
ADJOURNMENT:
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