Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Kulchin led the Pledge of Allegiance.
Mayor Hall announced that Item No. 8 is going to be continued to January 10, 2012.
Mayor Hall announced that Item No. 13 is going to be continued to a date to be determined.
PRESENTATIONS:
Carlsbad Rotary Presentation to Council.
Presentation in recognition of CERT Academy graduates.
Council received a presentation from Jim Brubaker and Pat Minse representing the Carlsbad Rotary Club regarding the Oktoberfest Committee Recognition, thanking the city for its participation in the event.
David Harrison Emergency Preparedness Manager introduced the CERT volunteers that graduated from the program.
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.
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 Kulchin, 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 00:22:44)
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 #20,754 - ACCEPTANCE OF DONATIONS. Accepting cash and in-kind donations in support of the 2011 Health Expo and Triathlon held July 9 and 10, 2011; and, authorizing the Finance Director to appropriate the funds to the Parks and Recreation Triathlon Special Reserve Fund. Resolution No. 2011-280. ACTION:
AB #20,754
2. AB #20,755 - ACCEPTANCE OF DONATION. Accepting cash and in-kind donations resulting from the 2011 Dinner and a Movie Night ticket event at Leo Carrillo Ranch Historic Park, in support of the Leo Carrillo Ranch Trust Fund. Resolution No. 2011-281. ACTION:
AB #20,755
3. AB #20,756 - APPROVE APPROPRIATION OF FUNDS TO THE REGIONAL WINTER SHELTER PROGRAM. Approving the appropriation of funds from the Housing Trust Fund to support the Regional Winter Shelter Program; and, authorizing the City Manager to execute all appropriate documents. Resolution No. 2011-282. ACTION:
AB #20,756
4. AB #20,757 - AUTHORIZE PURCHASE OF PREFABRICATED STORAGE BUILDING. Authorizing the purchase of a prefabricated restroom storage building for Pine Avenue Park from Nevada Restroom Facilities Limited (Unit B312STPS). Resolution No. 2011-283. ACTION:
AB 20,757
5. AB #20,758 - CDBG/HOME FUNDING ADVISORY COMMITTEE APPOINTMENTS. Appointing members to the City of Carlsbad's Community Development Block Grant/Home Investment Partnership Funding Advisory Committee for two year terms. Resolution No. 2011-284. ACTION:
AB #20,758
ORDINANCES FOR ADOPTION:
6. AB #20,759 - SDU RENT RESTRICTIONS. Adopting Ordinance No. CS-166, approving a Zone Code Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance, ZCA 11-04. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 6. AB #20,759 - SDU RENT RESTRICTIONS. Adopting Ordinance No. CS-166, approving a Zone Code Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance, ZCA 11-04. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 6. AB #20,759 - SDU RENT RESTRICTIONS. Adopting Ordinance No. CS-166, approving a Zone Code Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance, ZCA 11-04. ACTION: (Approved) (Recorded at 00:23:28)
AB #20,759
7. AB #20,760 - AGUA HEDIONDA SEWER LIFT STATION. Adopting Ordinance No. CS-167, amending the Encina Power Station Precise Development Plan, PDP 00-02, to approve the Sewer Lift Station and associated piping (SLS) proposed at the Encina Power Station (EPS), 4600 Carlsbad Boulevard, Carlsbad; and Adopting Ordinance No. CS-168, adopting Specific Plan Amendment 144(L) to incorporate amended Precise Development Plan 00-02(C) for the Encina Power Station, Sewer Lift Station and associated piping. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 7. AB #20,760 - AGUA HEDIONDA SEWER LIFT STATION. Adopting Ordinance No. CS-167, amending the Encina Power Station Precise Development Plan, PDP 00-02, to approve the Sewer Lift Station and associated piping (SLS) proposed at the Encina Power Station (EPS), 4600 Carlsbad Boulevard, Carlsbad; and Adopting Ordinance No. CS-168, adopting Specific Plan Amendment 144(L) to incorporate amended Precise Development Plan 00-02(C) for the Encina Power Station, Sewer Lift Station and associated piping. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 7. AB #20,760 - AGUA HEDIONDA SEWER LIFT STATION. Adopting Ordinance No. CS-167, amending the Encina Power Station Precise Development Plan, PDP 00-02, to approve the Sewer Lift Station and associated piping (SLS) proposed at the Encina Power Station (EPS), 4600 Carlsbad Boulevard, Carlsbad; and Adopting Ordinance No. CS-168, adopting Specific Plan Amendment 144(L) to incorporate amended Precise Development Plan 00-02(C) for the Encina Power Station, Sewer Lift Station and associated piping. ACTION: (Approved) (Recorded at 00:24:40)
AB #20,760
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.
Agent Borsof representing Border Patrol came forward to inform the Council and community of immigrant and narcotic smuggling taking place on the coast. Asking for the public's assistance if things seem amiss. Passed out information for public to retreive. 1-800-854-9834 (Coast Guard)
PUBLIC HEARINGS:
COntinued to 1-10-12
8. 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.
AB #20,761
9. AB #20,762 - GREEN DRAGON COLONIAL VILLAGE. To consider approving a Conditional Use Permit Amendment to revise conditions of approval in Planning Commission Resolution No. 6550 associated with the Green Dragon Colonial Village Project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road. Resolution No. 2011-286. ACTION:
Associate Planner Jason Goff gave the staff report and Power Point Presentation (on file in the Office of the City Clerk)
Mayor Hall opened the duly noticed Public Hearing at 7:30
Rick Douglas spoke in support of the project.
Mayor Hall closed the PH at 7:30
Motion to approve 9. AB #20,762 - GREEN DRAGON COLONIAL VILLAGE. To consider approving a Conditional Use Permit Amendment to revise conditions of approval in Planning Commission Resolution No. 6550 associated with the Green Dragon Colonial Village Project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road. Resolution No. 2011-286. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 9. AB #20,762 - GREEN DRAGON COLONIAL VILLAGE. To consider approving a Conditional Use Permit Amendment to revise conditions of approval in Planning Commission Resolution No. 6550 associated with the Green Dragon Colonial Village Project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road. Resolution No. 2011-286. ACTION: (Approved) (Recorded at 00:34:33)
AB #20,762
10. AB #20,763 - VILLAGE FARMER'S MARKET EXTENSION. To consider approving a Major Review Permit Extension (RP 94-05X6) to extend the expiration date of the permit by three years to September 19, 2014, for the Wednesday and Saturday Farmer's Market held in the public parking lot at 2930 Roosevelt Street in District 1 of the Village Review Zone. Resolution No. 2011-287. ACTION:
Assistant Planner Austin Silva gave the staff report and Power Point Presnetation (on file in the Office of the City Clerk)
Council Member Hall recused himself from the meeting due to a potential conflict of interest and left the dias at 7:31 p.m.
Mayor Hall opened the duly noticed Public Hearing at 7:33 p.m.
Paige Desceno spoke in support of the extension of the Village Farmers Market.
Glenn Bernard came forward to address Council and spoke in support of the Village Farmers Market.
Alan Wanamaker spoke in support of the Village Farmers Market extension.
Jay Corales president of the CVA spoke in support of the extension of the Farmers Market in the Village.
Rick Douglas spoke in support of the Village Farmers Market extension.
Christie Johnson Market Manager of the Village Farmers Market and spoke in support of Council extending the permit.
Gary Nessim came forward and expressed his support of the extension of the Village Farmers Market.
Michele Formant spoke in support of the Village Farmers Market.
Mayor Hall closed the Public Hearing at 6:43 p.m.
Motion to approve 10. AB #20,763 - VILLAGE FARMER'S MARKET EXTENSION. To consider approving a Major Review Permit Extension (RP 94-05X6) to extend the expiration date of the permit by three years to September 19, 2014, for the Wednesday and Saturday Farmer's Market held in the public parking lot at 2930 Roosevelt Street in District 1 of the Village Review Zone. Resolution No. 2011-287. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 10. AB #20,763 - VILLAGE FARMER'S MARKET EXTENSION. To consider approving a Major Review Permit Extension (RP 94-05X6) to extend the expiration date of the permit by three years to September 19, 2014, for the Wednesday and Saturday Farmer's Market held in the public parking lot at 2930 Roosevelt Street in District 1 of the Village Review Zone. Resolution No. 2011-287. ACTION: (Approved) (Recorded at 00:49:06)
Council Member Packard returned to the dias at 6:45 p.m.
AB #20,763
11. AB #20,764 - 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT. To consider approving the submittal of an amendment to the 2011-2012 Action Plan for the City's Community Development Block Grant Program to the U.S. Department of Housing and Urban Development. Resolution No. 2011-288. ACTION:
Senior Management Analyst Frank Boensch gave the staff report and Power Point presentation (on file in the Office of the City Clerk).
Council Member Blackburn asked if the funds need to be used before the April 30 deadline.
Frank Boensch replied that funds do need to be expended.
Council Member Blackburn asked if the remaining funds is not designated by the end of april what happened.
Frank Boensch replied that the funds will still be available, but the city could be in danger of losing future funds.
Council Member Blackburn asked what the second option of spending these funds would be.
Frank replied that the funds could be allocated to another project or possible allocate the funds for projects for next year.
Council Member Blackburn asked if there was lead time to notice, continue the process to use the funding.
Council Member Packard asked if CDBG or HUD had policies/guidlines requirement for organizations ro demonstrate the matching funds.
Frank replied that the matching funds is a city policy and the organizations are looked in to.
CM packard asked if the funds are held until the match is met or are the funds released immediately.
Frank Boensch stated the decision is made on a case-by-case basis.
Mayor Hall opened the duly noticed Public Hearing at 6:55 p.m.
Anabel Ruiz representing North County Health Services. She spoke in support of the amendment.
Craig Jones representing Interfaith Community Services stated he was available to answer any questions Council might have.
Berta Mendoza came forward to support the amendment regarding North County Health Services. Would like to see the clinic offer services for adults and children.
Ann Hop nurse for North County Health Services came forward and spoke in support of the amendment.
Steve Ballic expressed his concern regarding the purchase of the property for North County Health Services. Stated that the new location diminishes access to the community NCHS serves.
Council Member Packard asked Mr. LeBlanc asked what his justification was regarding the square foot cost of the property NCHS is proposing to purchase.
Sydney LeBlanc came forward and spoke in support of NCHS. Would like an adult care facility in Carlsbad.
Jeremiah Taylor spoke in opposition to the new property for NCHS. Would like the city to look for a difference location and space the organization can grow into..
Deizel Sarte came forward and spoke in support of NCHS.
City Attorney Ron Ball stated that the project has already received its land use permits from the city and discussion of land use is not appropriate during this public hearing.
Cindy Fallah spoke in opposition to the Amendment for NCHS.
Al Fallah spoke in opposition to the NCHS amendment.
Kelly Taylor spoke in opposition to the NCHS amendment.
Josh Robinson spoke in opposition to the NCHS amendment.
Carmy sinuneet spoke in opposition.
Dave Tracey spoke in opposition to the NCHS amendment.
Dana Withall came forward and spoke in support of the NCHS amendment.
Brianna Cardoza spoke in support of NCHS.
Kathleen Wellman came forward to address Council. She spoke in support of the CDBG program and its amendment. She encouraged Council to support the uses recommended by staff for these funds.
Mayor Hall closed the Public Hearing at 7:40 p.m.
Mayor Hall called a recess at 7:40 p.m.
Mayor Hall called the meeting to order at 7:49 p.m.
Council Member Packard asked: CDBG money - restrictions - are tenant improvements allowable under capital monies or only for property acquisition. Frank can be used for tenant improvements, triggers prevailing wage issues, takes time. CM Packard several properties much less expensive, closer to barrio area, is staff aware or is this the best use of CDBG funds or should they look elsewhere. Gary Barberio responded that they a medical use, proper zoning, outside the village area, the parking ratio is higher than in the village. the current location nchs is looking at was zoned for office/medical. some of the properties mentioned may have the correct zoning for office, but does not allow for medical.
CM Blackburn, NCHS overpaying for the property, HUD requires payment of fiar market value. asked staff is nchs is overpaying. frank - required to pay fair market value at the current market rate. HUD may require an appraisal to determine fair market rate. NCHS would then have to come up with a justification as to why. Debbie Fountain stated is it a requirement that an appraisal be conducted. The appraisal will be conducted before the funds are dispersed. What was found in the village area, a number of office suites are just not suitable for medical services. CM Blackburn, a third party appraiser will look at the comps and determine if it is fair market, if it is, justification would be required as to why the organization is paying more.
Ann K clarified that the federal governement under their regulations would have the final say on the fair market value of the property.
Council Member Packard asked what determines fair market standard. DF answered that the appraisers look at comps within the last six months comparable space in the area. nchs is trying to be cost effective in their tenant improvements.
CM Blackburn asked if it was incumbent on the city to help find a location. DF it is the responsibility of NCHS to find a location. It is Council to agree to provide funds to meet the proposal.
Motion to approve 11. AB #20,764 - 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT. To consider approving the submittal of an amendment to the 2011-2012 Action Plan for the City's Community Development Block Grant Program to the U.S. Department of Housing and Urban Development. Resolution No. 2011-288. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
AB #20,764
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB #20,765 - WINNING TEAMS GRANT REQUEST. To consider approving a Winning Teams Grant for the La Costa Canyon Pop Warner Charging Mavericks Cheer Squad; and, authorizing appropriation of funds from the City Council's General Fund contingency account. Resolution No. 2011-289. ACTION:
Management Analyst Courtney Enriquez gave the staff report and Power Point presentation (on file in the Office of the City Clerk).
Motion to approve 12. AB #20,765 - WINNING TEAMS GRANT REQUEST. To consider approving a Winning Teams Grant for the La Costa Canyon Pop Warner Charging Mavericks Cheer Squad; and, authorizing appropriation of funds from the City Council's General Fund contingency account. Resolution No. 2011-289. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 12. AB #20,765 - WINNING TEAMS GRANT REQUEST. To consider approving a Winning Teams Grant for the La Costa Canyon Pop Warner Charging Mavericks Cheer Squad; and, authorizing appropriation of funds from the City Council's General Fund contingency account. Resolution No. 2011-289. ACTION: (Approved) (Recorded at 02:20:37)
AB #20,765
13. AB #20,766 - SANDAG ONBOARD TRANSIT PASSENGER SURVEY PRESENTATION. To receive a presentation from SANDAG regarding the Onboard Transit Passenger Survey. ACTION:
AB #20,766
14. AB #20,767 - TRAFFIC SIGNAL PROGRAM UPDATE. To receive a presentation from staff regarding the Traffic Signal Program, Project No. 6320. ACTION:
Senior Civil Engineer Doug Bilse and Transportation Engineer Bryan Jones gave the staff report and Power Point presentation (on file in the Office of the City Clerk).
Mayor Hall announced that Council Members have been invited and may be participating in the following upcoming events: Wednesday, December 14, 2011-6:00 p.m. Carlsbad Action Network Event Home of Saundra & Bill Cima 2090 Candil Place Carlsbad, CA
adjournment 8:49
AB #20,767
ADDENDUM TO CITY COUNCIL AGENDA
DEPARTMENTAL AND CITY MANAGER REPORT:
15. AB #20,768 - IMPASSE IN LABOR NEGOTIATIONS WITH THE CARLSBAD POLICE MANAGEMENT ASSOCIATION (CPMA). To consider resolving the impasse and adopting and implementing certain salary and benefit terms and conditions for employees represented by the Carlsbad Police Management Association (CPMA); and, to consider amending the City's CalPERS employer paid member contribution for employees represented by the Carlsbad Police Management Association (CPMA) Resolution Nos. 2011-290 and 2011-291. ACTION:
AB #20,768
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 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.
Dec 13, 2011 City Council Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Kulchin led the Pledge of Allegiance.
Mayor Hall announced that Item No. 8 is going to be continued to January 10, 2012.
Mayor Hall announced that Item No. 13 is going to be continued to a date to be determined.
PRESENTATIONS:
Carlsbad Rotary Presentation to Council.
Presentation in recognition of CERT Academy graduates.
Council received a presentation from Jim Brubaker and Pat Minse representing the Carlsbad Rotary Club regarding the Oktoberfest Committee Recognition, thanking the city for its participation in the event.
David Harrison Emergency Preparedness Manager introduced the CERT volunteers that graduated from the program.
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.
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 Kulchin, 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 00:22:44)
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 #20,754 - ACCEPTANCE OF DONATIONS. Accepting cash and in-kind donations in support of the 2011 Health Expo and Triathlon held July 9 and 10, 2011; and, authorizing the Finance Director to appropriate the funds to the Parks and Recreation Triathlon Special Reserve Fund. Resolution No. 2011-280. ACTION:
AB #20,754
2. AB #20,755 - ACCEPTANCE OF DONATION. Accepting cash and in-kind donations resulting from the 2011 Dinner and a Movie Night ticket event at Leo Carrillo Ranch Historic Park, in support of the Leo Carrillo Ranch Trust Fund. Resolution No. 2011-281. ACTION:
AB #20,755
3. AB #20,756 - APPROVE APPROPRIATION OF FUNDS TO THE REGIONAL WINTER SHELTER PROGRAM. Approving the appropriation of funds from the Housing Trust Fund to support the Regional Winter Shelter Program; and, authorizing the City Manager to execute all appropriate documents. Resolution No. 2011-282. ACTION:
AB #20,756
4. AB #20,757 - AUTHORIZE PURCHASE OF PREFABRICATED STORAGE BUILDING. Authorizing the purchase of a prefabricated restroom storage building for Pine Avenue Park from Nevada Restroom Facilities Limited (Unit B312STPS). Resolution No. 2011-283. ACTION:
AB 20,757
5. AB #20,758 - CDBG/HOME FUNDING ADVISORY COMMITTEE APPOINTMENTS. Appointing members to the City of Carlsbad's Community Development Block Grant/Home Investment Partnership Funding Advisory Committee for two year terms. Resolution No. 2011-284. ACTION:
AB #20,758
ORDINANCES FOR ADOPTION:
6. AB #20,759 - SDU RENT RESTRICTIONS. Adopting Ordinance No. CS-166, approving a Zone Code Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance, ZCA 11-04. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 6. AB #20,759 - SDU RENT RESTRICTIONS. Adopting Ordinance No. CS-166, approving a Zone Code Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance, ZCA 11-04. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 6. AB #20,759 - SDU RENT RESTRICTIONS. Adopting Ordinance No. CS-166, approving a Zone Code Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance, ZCA 11-04. ACTION: (Approved) (Recorded at 00:23:28)
AB #20,759
7. AB #20,760 - AGUA HEDIONDA SEWER LIFT STATION. Adopting Ordinance No. CS-167, amending the Encina Power Station Precise Development Plan, PDP 00-02, to approve the Sewer Lift Station and associated piping (SLS) proposed at the Encina Power Station (EPS), 4600 Carlsbad Boulevard, Carlsbad; and Adopting Ordinance No. CS-168, adopting Specific Plan Amendment 144(L) to incorporate amended Precise Development Plan 00-02(C) for the Encina Power Station, Sewer Lift Station and associated piping. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 7. AB #20,760 - AGUA HEDIONDA SEWER LIFT STATION. Adopting Ordinance No. CS-167, amending the Encina Power Station Precise Development Plan, PDP 00-02, to approve the Sewer Lift Station and associated piping (SLS) proposed at the Encina Power Station (EPS), 4600 Carlsbad Boulevard, Carlsbad; and Adopting Ordinance No. CS-168, adopting Specific Plan Amendment 144(L) to incorporate amended Precise Development Plan 00-02(C) for the Encina Power Station, Sewer Lift Station and associated piping. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 7. AB #20,760 - AGUA HEDIONDA SEWER LIFT STATION. Adopting Ordinance No. CS-167, amending the Encina Power Station Precise Development Plan, PDP 00-02, to approve the Sewer Lift Station and associated piping (SLS) proposed at the Encina Power Station (EPS), 4600 Carlsbad Boulevard, Carlsbad; and Adopting Ordinance No. CS-168, adopting Specific Plan Amendment 144(L) to incorporate amended Precise Development Plan 00-02(C) for the Encina Power Station, Sewer Lift Station and associated piping. ACTION: (Approved) (Recorded at 00:24:40)
AB #20,760
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.
Agent Borsof representing Border Patrol came forward to inform the Council and community of immigrant and narcotic smuggling taking place on the coast. Asking for the public's assistance if things seem amiss. Passed out information for public to retreive. 1-800-854-9834 (Coast Guard)
PUBLIC HEARINGS:
COntinued to 1-10-12
8. 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.
AB #20,761
9. AB #20,762 - GREEN DRAGON COLONIAL VILLAGE. To consider approving a Conditional Use Permit Amendment to revise conditions of approval in Planning Commission Resolution No. 6550 associated with the Green Dragon Colonial Village Project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road. Resolution No. 2011-286. ACTION:
Associate Planner Jason Goff gave the staff report and Power Point Presentation (on file in the Office of the City Clerk)
Mayor Hall opened the duly noticed Public Hearing at 7:30
Rick Douglas spoke in support of the project.
Mayor Hall closed the PH at 7:30
Motion to approve 9. AB #20,762 - GREEN DRAGON COLONIAL VILLAGE. To consider approving a Conditional Use Permit Amendment to revise conditions of approval in Planning Commission Resolution No. 6550 associated with the Green Dragon Colonial Village Project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road. Resolution No. 2011-286. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 9. AB #20,762 - GREEN DRAGON COLONIAL VILLAGE. To consider approving a Conditional Use Permit Amendment to revise conditions of approval in Planning Commission Resolution No. 6550 associated with the Green Dragon Colonial Village Project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road. Resolution No. 2011-286. ACTION: (Approved) (Recorded at 00:34:33)
AB #20,762
10. AB #20,763 - VILLAGE FARMER'S MARKET EXTENSION. To consider approving a Major Review Permit Extension (RP 94-05X6) to extend the expiration date of the permit by three years to September 19, 2014, for the Wednesday and Saturday Farmer's Market held in the public parking lot at 2930 Roosevelt Street in District 1 of the Village Review Zone. Resolution No. 2011-287. ACTION:
Assistant Planner Austin Silva gave the staff report and Power Point Presnetation (on file in the Office of the City Clerk)
Council Member Hall recused himself from the meeting due to a potential conflict of interest and left the dias at 7:31 p.m.
Mayor Hall opened the duly noticed Public Hearing at 7:33 p.m.
Paige Desceno spoke in support of the extension of the Village Farmers Market.
Glenn Bernard came forward to address Council and spoke in support of the Village Farmers Market.
Alan Wanamaker spoke in support of the Village Farmers Market extension.
Jay Corales president of the CVA spoke in support of the extension of the Farmers Market in the Village.
Rick Douglas spoke in support of the Village Farmers Market extension.
Christie Johnson Market Manager of the Village Farmers Market and spoke in support of Council extending the permit.
Gary Nessim came forward and expressed his support of the extension of the Village Farmers Market.
Michele Formant spoke in support of the Village Farmers Market.
Mayor Hall closed the Public Hearing at 6:43 p.m.
Motion to approve 10. AB #20,763 - VILLAGE FARMER'S MARKET EXTENSION. To consider approving a Major Review Permit Extension (RP 94-05X6) to extend the expiration date of the permit by three years to September 19, 2014, for the Wednesday and Saturday Farmer's Market held in the public parking lot at 2930 Roosevelt Street in District 1 of the Village Review Zone. Resolution No. 2011-287. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 10. AB #20,763 - VILLAGE FARMER'S MARKET EXTENSION. To consider approving a Major Review Permit Extension (RP 94-05X6) to extend the expiration date of the permit by three years to September 19, 2014, for the Wednesday and Saturday Farmer's Market held in the public parking lot at 2930 Roosevelt Street in District 1 of the Village Review Zone. Resolution No. 2011-287. ACTION: (Approved) (Recorded at 00:49:06)
Council Member Packard returned to the dias at 6:45 p.m.
AB #20,763
11. AB #20,764 - 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT. To consider approving the submittal of an amendment to the 2011-2012 Action Plan for the City's Community Development Block Grant Program to the U.S. Department of Housing and Urban Development. Resolution No. 2011-288. ACTION:
Senior Management Analyst Frank Boensch gave the staff report and Power Point presentation (on file in the Office of the City Clerk).
Council Member Blackburn asked if the funds need to be used before the April 30 deadline.
Frank Boensch replied that funds do need to be expended.
Council Member Blackburn asked if the remaining funds is not designated by the end of april what happened.
Frank Boensch replied that the funds will still be available, but the city could be in danger of losing future funds.
Council Member Blackburn asked what the second option of spending these funds would be.
Frank replied that the funds could be allocated to another project or possible allocate the funds for projects for next year.
Council Member Blackburn asked if there was lead time to notice, continue the process to use the funding.
Council Member Packard asked if CDBG or HUD had policies/guidlines requirement for organizations ro demonstrate the matching funds.
Frank replied that the matching funds is a city policy and the organizations are looked in to.
CM packard asked if the funds are held until the match is met or are the funds released immediately.
Frank Boensch stated the decision is made on a case-by-case basis.
Mayor Hall opened the duly noticed Public Hearing at 6:55 p.m.
Anabel Ruiz representing North County Health Services. She spoke in support of the amendment.
Craig Jones representing Interfaith Community Services stated he was available to answer any questions Council might have.
Berta Mendoza came forward to support the amendment regarding North County Health Services. Would like to see the clinic offer services for adults and children.
Ann Hop nurse for North County Health Services came forward and spoke in support of the amendment.
Steve Ballic expressed his concern regarding the purchase of the property for North County Health Services. Stated that the new location diminishes access to the community NCHS serves.
Council Member Packard asked Mr. LeBlanc asked what his justification was regarding the square foot cost of the property NCHS is proposing to purchase.
Sydney LeBlanc came forward and spoke in support of NCHS. Would like an adult care facility in Carlsbad.
Jeremiah Taylor spoke in opposition to the new property for NCHS. Would like the city to look for a difference location and space the organization can grow into..
Deizel Sarte came forward and spoke in support of NCHS.
City Attorney Ron Ball stated that the project has already received its land use permits from the city and discussion of land use is not appropriate during this public hearing.
Cindy Fallah spoke in opposition to the Amendment for NCHS.
Al Fallah spoke in opposition to the NCHS amendment.
Kelly Taylor spoke in opposition to the NCHS amendment.
Josh Robinson spoke in opposition to the NCHS amendment.
Carmy sinuneet spoke in opposition.
Dave Tracey spoke in opposition to the NCHS amendment.
Dana Withall came forward and spoke in support of the NCHS amendment.
Brianna Cardoza spoke in support of NCHS.
Kathleen Wellman came forward to address Council. She spoke in support of the CDBG program and its amendment. She encouraged Council to support the uses recommended by staff for these funds.
Mayor Hall closed the Public Hearing at 7:40 p.m.
Mayor Hall called a recess at 7:40 p.m.
Mayor Hall called the meeting to order at 7:49 p.m.
Council Member Packard asked: CDBG money - restrictions - are tenant improvements allowable under capital monies or only for property acquisition. Frank can be used for tenant improvements, triggers prevailing wage issues, takes time. CM Packard several properties much less expensive, closer to barrio area, is staff aware or is this the best use of CDBG funds or should they look elsewhere. Gary Barberio responded that they a medical use, proper zoning, outside the village area, the parking ratio is higher than in the village. the current location nchs is looking at was zoned for office/medical. some of the properties mentioned may have the correct zoning for office, but does not allow for medical.
CM Blackburn, NCHS overpaying for the property, HUD requires payment of fiar market value. asked staff is nchs is overpaying. frank - required to pay fair market value at the current market rate. HUD may require an appraisal to determine fair market rate. NCHS would then have to come up with a justification as to why. Debbie Fountain stated is it a requirement that an appraisal be conducted. The appraisal will be conducted before the funds are dispersed. What was found in the village area, a number of office suites are just not suitable for medical services. CM Blackburn, a third party appraiser will look at the comps and determine if it is fair market, if it is, justification would be required as to why the organization is paying more.
Ann K clarified that the federal governement under their regulations would have the final say on the fair market value of the property.
Council Member Packard asked what determines fair market standard. DF answered that the appraisers look at comps within the last six months comparable space in the area. nchs is trying to be cost effective in their tenant improvements.
CM Blackburn asked if it was incumbent on the city to help find a location. DF it is the responsibility of NCHS to find a location. It is Council to agree to provide funds to meet the proposal.
Motion to approve 11. AB #20,764 - 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT. To consider approving the submittal of an amendment to the 2011-2012 Action Plan for the City's Community Development Block Grant Program to the U.S. Department of Housing and Urban Development. Resolution No. 2011-288. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
AB #20,764
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB #20,765 - WINNING TEAMS GRANT REQUEST. To consider approving a Winning Teams Grant for the La Costa Canyon Pop Warner Charging Mavericks Cheer Squad; and, authorizing appropriation of funds from the City Council's General Fund contingency account. Resolution No. 2011-289. ACTION:
Management Analyst Courtney Enriquez gave the staff report and Power Point presentation (on file in the Office of the City Clerk).
Motion to approve 12. AB #20,765 - WINNING TEAMS GRANT REQUEST. To consider approving a Winning Teams Grant for the La Costa Canyon Pop Warner Charging Mavericks Cheer Squad; and, authorizing appropriation of funds from the City Council's General Fund contingency account. Resolution No. 2011-289. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 12. AB #20,765 - WINNING TEAMS GRANT REQUEST. To consider approving a Winning Teams Grant for the La Costa Canyon Pop Warner Charging Mavericks Cheer Squad; and, authorizing appropriation of funds from the City Council's General Fund contingency account. Resolution No. 2011-289. ACTION: (Approved) (Recorded at 02:20:37)
AB #20,765
13. AB #20,766 - SANDAG ONBOARD TRANSIT PASSENGER SURVEY PRESENTATION. To receive a presentation from SANDAG regarding the Onboard Transit Passenger Survey. ACTION:
AB #20,766
14. AB #20,767 - TRAFFIC SIGNAL PROGRAM UPDATE. To receive a presentation from staff regarding the Traffic Signal Program, Project No. 6320. ACTION:
Senior Civil Engineer Doug Bilse and Transportation Engineer Bryan Jones gave the staff report and Power Point presentation (on file in the Office of the City Clerk).
Mayor Hall announced that Council Members have been invited and may be participating in the following upcoming events: Wednesday, December 14, 2011-6:00 p.m. Carlsbad Action Network Event Home of Saundra & Bill Cima 2090 Candil Place Carlsbad, CA
adjournment 8:49
AB #20,767
ADDENDUM TO CITY COUNCIL AGENDA
DEPARTMENTAL AND CITY MANAGER REPORT:
15. AB #20,768 - IMPASSE IN LABOR NEGOTIATIONS WITH THE CARLSBAD POLICE MANAGEMENT ASSOCIATION (CPMA). To consider resolving the impasse and adopting and implementing certain salary and benefit terms and conditions for employees represented by the Carlsbad Police Management Association (CPMA); and, to consider amending the City's CalPERS employer paid member contribution for employees represented by the Carlsbad Police Management Association (CPMA) Resolution Nos. 2011-290 and 2011-291. ACTION:
AB #20,768
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 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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