Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:03:13)
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held January 27, 2009
Minutes of the Joint Special Meetings held January 27, 2009
Motion to approve Minutes of the Joint Special Meetings held January 27, 2009 Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve Minutes of the Joint Special Meetings held January 27, 2009 (Approved) (Recorded at 00:03:42)
Motion to approve Minutes of the Joint Special Meetings held January 27, 2009 Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve Minutes of the Joint Special Meetings held January 27, 2009 (Approved) (Recorded at 00:04:17)
PRESENTATIONS:
Presentation to City Council by Kids for Peace
Listen for name of children thanking council for what they do for our City.
2nd kid - Eric - thank you for taking care of streets and facilities.
3rd kid - Lydia - Thank you clean beaches and lifeguards.
Boddie - Thank you for all things done for Carlsbad kids.
Emily - thank you for beautiful parks.
Ethan - Thank you for keeping us safe with police and fire fighters.
Sylar - thank for the libraries.
Chivante - With Valentines day close - presented the Council with Valentine Cards. Invited every kid to use kind words in kind ways.
Chrissy - Thank you - you are great - Love you.
Denise - Kids for Peace Kid - presented Council to Celepalooza - in San Diego.
On behalf of Kids for Peace thank you for letting us speak.
Council stepping down from dais to receive their vilentines
Council receiving valentines - kidsforpeachusa.org
Photos of children and Council now.
Presentation of Retirement Proclamations to Alex Mitkevich and Keith Blackburn
Mayor Lewis introduced Proclamations.
Mayor Pro Tem Kulchin presented retirement Proclamation to retiring Police Officer Keith Blackburn. Over 21 years of service. Began in July of 1987. Supervisor of K-9 division.
Keith now to say a few words - exposed to a lot of different cities - Carlsbad really is good. Comparison - if you see a cook of restaurant eating in a restaurant. Proud to be a resident of CArlsbad.
Council Member Matt Hall to present a Proclamation to Alex Mitkevich. - 19 years in Marines and 26 years to the City of Carlsbad. Interesting. Reading Proclamation to Alex on behalf of Mayor and Council. Dedication and interest to duties has had a valuable effect on police department.
Alex - started wearing a uniform since he was 5 - boy scout in France.
Photos of retirees and families.
Photo taken of Alex and wife now.
Keith, Alex and other Police Officers now.
Council and retirees now.
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.
Pulled item number 1.
Item number 13 - revised resolution per Ball.
Motion to approve WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. (Approved) (Recorded at 00:22:39)
1. AB #19,706 - ACCEPT DONATION FROM THE FRIENDS OF THE CARLSBAD CITY LIBRARY. Accepting a donation from Friends of the Carlsbad City Library for materials and for the 2009 Carlsbad Reads Together program, and authorizing the appropriation of donated funds. Resolution No. 2009-021. ACTION:
AB #19,706
Mayor Pro Tem Kulchin - spoke about donation from Friends of the Carlsbad City Library. Asked Mr. Wood to come forward.
Mr. Wood - President of Friends - donation of over $20,000 brings to over $140,000 for fiscal year. Thanked all Friends Members and volunteers. Glad to have opportunity to serve the Libraries.
Motion to approve 1. AB #19,706 - ACCEPT DONATION FROM THE FRIENDS OF THE CARLSBAD CITY LIBRARY. Accepting a donation from Friends of the Carlsbad City Library for materials and for the 2009 Carlsbad Reads Together program, and authorizing the appropriation of donated funds. Resolution No. 2009-021. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 1. AB #19,706 - ACCEPT DONATION FROM THE FRIENDS OF THE CARLSBAD CITY LIBRARY. Accepting a donation from Friends of the Carlsbad City Library for materials and for the 2009 Carlsbad Reads Together program, and authorizing the appropriation of donated funds. Resolution No. 2009-021. ACTION: (Approved) (Recorded at 00:24:47)
2. AB #19,707 - NOTICE OF COMPLETION. Accepting the construction of the Poinsettia Sewage Lift Station Upgrade as complete, and directing the City Clerk to record the Notice of Completion, Project No. 38751. Resolution No. 2009-022. ACTION:
AB #19,707
3. AB #19,708 - NOTICE OF COMPLETION. Accepting citywide asphalt repairs as complete, and directing the City Clerk to record the Notice of Completion, Contract No. PWS06-29STS. Resolution No. 2009-023. ACTION:
AB #19,708
4. AB #19,709 - NOTICE OF COMPLETION. Accepting the installation of 36 Traffic Signal Battery Backup Systems as complete, and directing the City Clerk to record the Notice of Completion, Contract No. UPS-2. Resolution No. 2009-024. ACTION:
AB #19,709
5. AB #19,710 - NOTICE OF COMPLETION. Accepting the La Costa Canyon Park restroom renovation as complete, and directing the City Clerk to record the Notice of Completion, Contract No. PKS 08-02. Resolution No. 2009-025. ACTION:
AB #19,710
6. AB #19,711 - NOTICE OF COMPLETION. Accepting the Summer 2008 Concrete and Hardscape repairs as complete, and directing the City Clerk to record the Notice of Completion, AL1, Project No. 6021, Contract No. STS 08-02. Resolution No. 2009-026. ACTION:
AB #19,711
7. AB #19,712 - DECLARATION OF A LOCAL EMERGENCY. Declaring a continued State of Local Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550 Carlsbad Boulevard, Project No. 3624. Resolution No. 2009-027. ACTION:
AB #19,712
8. AB #19,713 - NOTICE OF COMPLETION. Accepting the construction of the 2008 ARAM and Slurry Seal as complete, and directing the City Clerk to record the Notice of Completion, Project No. 6001-08 (SS). Resolution No. 2009-028. ACTION:
AB #19,713
9. AB #19,714 - NOTICE OF COMPLETION. Accepting the construction of the 2008 Pavement Overlay as complete, and directing the City Clerk to record the Notice of Completion, Project No. 6001-08(OL). Resolution No. 2009-029. ACTION:
AB #19,714
10. AB #19,715 - NOTICE OF COMPLETION. Accepting the construction of the City Library Learning Center as complete, and directing the City Clerk to record the Notice of Completion, Project Nos. 3771 and 4001. Resolution No. 2009-030. ACTION:
AB #19,715
11. AB #19,716 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's report on City investments as of December 31, 2008. ACTION:
AB #19,716
12. AB #19,717 - AUTHORIZATION TO APPLY FOR THE 2009-2010 PUBLIC LIBRARY STAFF EDUCATION PROGRAM GRANT. Authorizing the Carlsbad City Library to apply for a grant from the California State Library for the 2009-2010 Public Library Staff Education Program, and directing the City Finance Department to appropriate any awarded funds to the Library's Administration budget for tuition reimbursement. Resolution No. 2009-031. ACTION:
AB #19,717
13. AB #19,718 - COMMUNITY ACTIVITY GRANTS FY 2008-09 FUNDING RECOMMENDATION. Accepting the recommendations of the Community Activity Grants Citizen Review Committee to allocate funds to the organizations identified. Resolution No. 2009-032. ACTION:
AB #19,718
ORDINANCE FOR INTRODUCTION:
14. AB #19,719 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING ELIGIBILITY FOR OFFICE. To consider adding section 2.040.060 and amending section 2.060.090 of the Carlsbad Municipal Code regarding eligibility for the offices of Mayor and City Council Member. Introduction of Ordinance No. CS-023. ACTION:
AB #19,719
City Attorney Ron Ball titled the Ordinance.
Motion to approve 14. AB #19,719 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING ELIGIBILITY FOR OFFICE. To consider adding section 2.040.060 and amending section 2.060.090 of the Carlsbad Municipal Code regarding eligibility for the offices of Mayor and City Council Member. Introduction of Ordinance No. CS-023. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 14. AB #19,719 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING ELIGIBILITY FOR OFFICE. To consider adding section 2.040.060 and amending section 2.060.090 of the Carlsbad Municipal Code regarding eligibility for the offices of Mayor and City Council Member. Introduction of Ordinance No. CS-023. ACTION: (Approved) (Recorded at 00:26:57)
15. AB #19,720 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING CITY COUNCIL COMPENSATION. To consider amending sections 2.04.010 AND 2.04.020 of the Carlsbad Municipal Code regarding Compensation for the Mayor and City Council Members. Introduction of Ordinance No. CS-024. ACTION:
AB #19,720
City Attorney Ron Ball titled the Ordinance. Gave details of Ordinance.
Mayor Lewis - commented on current economic conditions because we will be scrutinized relating to services in Carlsbad. Set the tone.
City Attorney now titling the Ordinance.
Motion to approve 15. AB #19,720 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING CITY COUNCIL COMPENSATION. To consider amending sections 2.04.010 AND 2.04.020 of the Carlsbad Municipal Code regarding Compensation for the Mayor and City Council Members. Introduction of Ordinance No. CS-024. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to approve 15. AB #19,720 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING CITY COUNCIL COMPENSATION. To consider amending sections 2.04.010 AND 2.04.020 of the Carlsbad Municipal Code regarding Compensation for the Mayor and City Council Members. Introduction of Ordinance No. CS-024. ACTION: (Approved) (Recorded at 00:29:26)
ORDINANCE FOR ADOPTION:
16. AB #19,721 - AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. Adopting Ordinance No. CS-022, amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. ACTION:
AB #19,721
City Attorney Ron Ball titled the Ordinance.
Motion to approve 16. AB #19,721 - AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. Adopting Ordinance No. CS-022, amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 16. AB #19,721 - AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. Adopting Ordinance No. CS-022, amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. ACTION: (Approved) (Recorded at 00:30:30)
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
Glenn Bernard, Carlsbad, came forward to address Council. Spoke about remodeling home - 5 feet setback, remember that employees at Faraday are wonderful. Want to add a fourth bedroom on the north side of his yard. Regulation - relating to lot coverage. No ones house can exceed 40% of lot. May need to put fourth room upstairs. Let houses go to five foot setback. Please review the requirement.
Walt Meier, Carlsbad, came forward to address Council. Spoke about how to save $16 million of City's money. Spoke about police and fire training facility - to invite other cities to go in on development of facility. If you lease property - will be mistreated. Establish a manual. Also wanted to mention the Federal Stimulus Package - take out crossings at Cannon Road and Tamarack and get bridges there.
DEPARTMENTAL AND CITY MANAGER REPORT:
17. AB #19,722 - PRESENTATION FROM BRESSI RANCH RESIDENTS. To receive a presentation from Bressi Ranch residents regarding a TERI Group Home in Bressi Ranch. ACTION:
AB #19,722
Mayor Lewis - had some calls from people relating to CDBG processing.
Housing and REdevelopment Director Debbie Fountain explained that CDBG funds were Federal funding - $795,000. Process to distribute money requires a Committee, Planning Commission, Housing Commission, Senior commission and 4 citizens at large. The Mayor and City Council appoint members to the committee. The committee becomes very familiar with Federal regulations. The Committee then makes recommendations to the City Council through the PUblic Hearing process. Program is then forwarded to the Federal Government. Is a audited program by the Federal Government. Very specific requirements for funding - program specific regulations.
Mayor Lewis - all of us make the appointment - each Member of Committee is voted on. Total participation within the City.
Matt Hall - more detail on process. Confirmed that $$$ went through a competative process. Fountain - in the last round we had 21 applications for federal monies. Some application is for public service also public facilities. 16 applications come - 2 applications for public facilities - Affordable Housing - 3 projects (this one related to Terie).
Fountain - HOME Monies - down payment and closing cost assistance. CDBG for TERIE / a portion for City of Carlsbad.- Housing Reserve Fund (City Project).
Hall - confirmed that the TERI was only real project submitted. If we put $ in reserve account, how much time do we have to spend? Ms. Fountain - within one year. Could run into expenditure issues.
Mayor Lewis - legal aspect - ramifications by Ball.
City Attorney Ron Ball - Fountain explained Council discretion to administer Funds. However when it comes to developmentally disabled homes for 6 or fewer persons - deemed by the law to be viewed as single family house. Three statutory schemes that provide state protection to prevent legislative body from interfering. Reference Mr. Ball's memo regarding this.
City Attorney Ron Ball gave an overview of the various statutes that protect the Citizens.
Dana Matas, Bressi Ranch neighborhood, representing concerned homeowners. Jim McConnon also. Bressi Ranch is a compassionate community. Many homes are dealing with families with special needs.
PowerPoint presentation, on file in the Office of the City Clerk.
Additional expenses with living in the community.
Spoke about the contract.
Spoke about City of Carlsbad - Terie disqualified themselves from the funding. Breach of contract.
Because of their decision to purchase in Bressi neighborhood.
Investigate inconsistencies.
Mayor Lewis - Attorney working with homeowners. Not representing HOA. Is your group representing half of the Bressi Ranch neighborhood?
Attorney - did not take a vote - do not have number of people.
As you review neighborhood - TERI - people were afraid for their children said Attorney.
This is now a taxpayer issue.
Read that actions in direct violation of contract.
Packard - clarify by your presentation tonight - the residents concerns regarding safety of the children has been resolved? No - said Bressi lady.
Taxpayer concerns stated Mr. John McConnin.
Charlene More, resident of old Carlsbad. Work for healthcare organization - worked with TERI over last several years. I am baffled, I think that the comment that neighborhood does not need rehab. Many types of rehabilitiation. OUr differences are what bring us together. Bring peace through kind words. Not kind words in newspaper editorials. Deserve to live in best home possible. Structure and support from organization will be ongoing.
Opposed to Bressi Group.
Lynette Olsen, resident of Bressi Ranch. I am not associated with anti-Teri group. Is on mailing list but not supportive of group.
Don't want our government to spend money wastefully. If the issue is to find a way to discriminate against a group of people who is protected by a host of federal and state laws. Feels that this is discrimination. Hope Council carefully continues to act in a way that does not discriminate.
Dave Quimby, 60 years old. No children retired a few years ago. Feel that City made a terrible financial mistake. Spoke about violation of grant. Concerns about the way they could purchase that home. Agree with Bressi Group.
Mimi Monzano, Bressi Ranch resident. Reviewed the block grant and application and contract. Asking for contract to be upheld. Found tons of violations to provide to all members today. Spoke about secretary to provide. Twelve violations in Oceanside. Violations of physical abuse/ reporting violation/ personal rights violation / violation of ingestion of small mouse pellet / violation of 27 consumers - licensed capacity of 30. Counted within 2 year span of other facilities - 63 document violations against TERI, Inc. Numerous violations for failure for current consent forms. In summary would like City to uphold contract with TERI, Inc.
Packard - are you aware of any discipline for TERI for any of these violations. Lady - basically and investigator from Health and Human Services - safety of clients is concern. Actions were taken but still violations.
Jim Benson, Bressi Ranch, Carlsbad, came forward to address Council. This is mis-use of funds. Feels like TERI took advantage of situation. Obviously Country is in an economic downturn. Contacted realtors for TERI. Both realtors - you shouldn't be upset / you shouldn't be worried - got you a great compensation.
Another question - why was all this approved before a house is selected. Not handled appropriately - doesn't seem right. Uphold contract on presentation tonight.
Judith Lindene, had group of work in Business Park in Vista, there is one who has been known to be violent. Imagine when we saw the video. This person who I know is in the TERI video. Safety is an issue. Against TERI - has many violations. TERI is not truthful. Uphold contract.
Diana Grogan, Bressi Ranch resident, Carlsbad. Second homeowner to move into Bressi. Live two doors down from Facility. I work with people disabled one way or another - have yet to find one person that failed on common sense check. Look at dollars involved. Misappropriation funds make everyone look bad. To me this screams of an organization taking full advantage of a system that didn't watch it's back. TERI made everyone look bad.
Last speaker.
Mayor Lewis - first thing Mr. Ball - breach of contract. Council was not paying attention and second thing was the funding. Have home picked out before money is given.
Do we monitor what type of home they buy.
CA Ball - Reviewed the contract this afternoon - did not find any breach of contract. Is not for purpose of rehabilitation - for affordable housing for people living in the home. If there is a complaint about the licensing, needs to go to State. If dispute of guidelines, that is a dispute to be taken up with department of HUD.
Debbie Fountain - when we received application - specific for what type of homes they are working for. One thing is hard to understand. Applications are received in NOv. or DEc. for money given out in following year (August or September). They give estimate of what $$$ they will need; they do not have to tell what specific property they have in mind. Very seldom happens. They were buying a single family home. Can purchase anywhere in CArlsbad. Applciation was specific to find property in Carlsbad.
Hall - when we start talking about affordability - determined by number of people - 4 or 6.
Fountain - we look at what it would cost to build individual homes to build 6 homes for these individuals. About $275,000 per person. We gave $800,000. If you try to compare to building units independently.
Kulchin - is there anyone from TERI present to speak. Would be happy to answer any questions.
Executive Director Cheryl Kilmer from TERI came forward to address the Council
Kulchin - some testimony about violations - 63 violations from Health and Human Services.
Ms. Kilmer - facilities are licensed and inspected by agencies. Monitored for everything - licensing agencies come in to monitor for deficiencies. At TERI we are proud to offer services to over 600 individuals for last 29 years. TERI is cited as a model program. Do we have an accident, staff make a bad judgement, raised our voices - misinterpretation. Raising you voice or grabbing an arm is considered abuse in the industry.
Packard - have you from state licensing agency - received any disciplinary action. Ms. Kilmer - deficiencies and citations - depends on type of deficiency and citations with fines attached were less than 10.
Hall - can your respond to amount of money invested.
Ms. Kilmer - fundraised - this is our 11th homes. Went looking throughout all of Carlsbad, to find a house that was large enough. House and land was plenty for all folks. Explained purchase in Oceanside - after all renovations - house was worth over a million. Found house that did not require any further renovations.
Debbie Fountain, when we asked about violations on the program. Listen to Debbie's comments here. Asking about any program violations where Federal money has been received. Not licensing violations on application. TERI project was classified as affordable housing acquisition not a rehabilitation or renovation of property. When we wrote subreciipeint agreement does specifiy up to six persons. Application did say that Carlsbad residents - these are Federal funding and program and cannot limit the residents to Carlsbad. However do ask for priority.
Packard to Mrs. Kilmer - your model/concept is to help developmentally disabled people to progress to their highest level? Do you have cost of care for your service vs. institutional care?
Kilmer - average is around $250,000 / year to hospitalize. Packard - costs less on a nation.
Kilmer - HUD homes are held in perpetuity - these are long term solutions. Having a benefit of grant to our clientele, when we buy a mortgage free home.
Kulchin - Ms. Kilmer - how long have you been with TERI. Ms. Kilmer founded TERI in 1980.
Recess at 7:50 p.m.
Back from recess at 8:00 p.m.
Blackburn - confident that the decision was good. I also see other point of view and see where other observations come from. Would this same outcry be happening if house going into my neighborhood.
Packard - appreciate staff. Have not been persuaded that staff is incorrect. If I had any reason to believe that state licencing agencies or practices of TERI would allow dangerous individuals into our neighborhoods I would not support this.
TERI's philosophy to give a hand up not a hand out.
Mr. Hall - try to take a minute to talk through the economics. When we go back and think about these types of projects. Amazes me what it takes to create an affordable unit. Disconserting when you see the number, but you when you see the number of people who it will help. PUt your name in for being on a CDBG board. Would like to see your views and take part in the process. Concur with fellow council members.
Kulchin - agree with my colleagues - appreciate Debbie Fountain explaining things and also Ms. Kilmer.
Ron Ball did a good job in terms of research.
Lewis - I have an educational background. Known a number of parents who live in homes like this where these individuals become an asset to the community. I appreciate comments of pros and cons.
Concur this is a good project.
Received the presentation.
18. AB #19,723 - APPEAL FROM MR. PEABODY'S PUB & GRILL REGARDING THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION. To consider an appeal of the recommendation by the Carlsbad Police Department to deny an amendment to the liquor license for Mr. Peabody's Bar & Grill to extend the hours of liquor service. Resolution No. 2009-033. ACTION:
AB #19,723
Matt Hall - stepping down at 8:08 p.m. due to conflict.
Police Captain Mike Shipley came forward to address Council first.
Mr. Shipley displayed slide.
Gave an overview of PD response to ABC request to extend service hours. The PD - the alcohol level between 12 - 2:00 a.m. is high and increased risk. Showed graph displaying alcohold realted areests and field interview January 06 to October 08. Now there is a chart - of Alcohol Realted Arrest and Field Interviews for Just 2008.
Lewis - question before we get started - if Council grants this - can we take away our authorization? The decreasing of conditions on an ABC license is more difficult.
Shipley - activity level has dropped 10 to 15% since inreased patrols in downtown.
Blackburn - is the decision based on alcohol related activity in area - not specifically related Peabodys or any other establishment per Sheipley.
Lewis - is there a measure we can have standing with the aBC board to nail them back to 1:00 or 12:00.
Ball - I think the answer is no. It's up to the ABC - once ABC places condition on license. This is recommendation to the ABC. You do have jurisdiction over the entertainment license. The PD makes recommendation / ABC makes final decision.
Packard - how often does an establishment have to go back to ABC for review of license. Shipley - the only time we get involved is if there is a requested change to the permit or if numerous incidents.
Shipley - we only get involved when they are trying to change.
Lewis - is this a legilsature right to ask for change in hours? Shipley - yes it is there right.
Shipley - our job to document problem with establishments. We ask ABC to look into the establishments. Some businesses have been sanctioned. In past 3 years focusing more on that type of activity.
Packard - reiterated that recommendation resulting from concentration of ihigh level of alcohol related activity issues in one area. Not specific to Peabody's.
Jesse Mallinger, Attorney representing Peabody's, a Patron of Peabody's. Introduced Brie Cardosa. _ Showed Video of problem.
Video is on file;
End of presentation.
Will voluntarily stipulate - to allow Council to review every two years. More like a Cheers type of department.
Want to differentiate Peabody's from the other establishments and right on Grand. We are nothing like those places; they have live entertainment. Peabody's has a jukebox - only goes as loud in video. Has older crowd and serve comforting food. We have law enforcement people who come to Peabody's. Would have to ask superiors.
Kurt Turrell, Officer letter. Have been at Mr. Peabody's on many occassions. Very friendly place. A family place. Warm and friendly family pub.
Signed by Kurt Terrell.
Referenced a chart - see if we have a chart.
Invited Council to go down to Peabody's and visit the location.
Mr. Blackburn - did go and visit Peabody's. A career police officer/the dui's/the fights. The majority of intoxicated people in downtown do not net any value. Have problem with Mr. Peabody's being held to a different standard. Would buy into some restrictions if there was anything extensive problems. No dancing, no overcrowding, not overly loud. I did walk over to Coyote - it was stuffed and super loud. Ocean House - was a very young crowd. This is wrong business to make an example of.
Packard - I respectfully disagree. I believe Peabody's is a good establishment because of the type of restrictions it has. You will create another Coyote and Ocean House. Our staff and PD has said there is a difficult problem in that area. The time of night the whole clientele changes.
Fighting to change the image of the village in the late evening. A step backward in progress that has been made.
Kulchin - I support the Police and regret what had happened downtown. I think the Peabody's should have same hours as the others - in terms of just fairness.
Kulchin - with idea that it would be reviewed in two years. Ready to give them a shot at it.
Will need to refund appeal money if the appeal is granted.
Lewis - also agree with fairness element. Wish we could have more control. Coyote is loud enough for everybody. I can support idea of 2:00. Police to review how it is working in that area. Would like two year stipulation. Don't think it will make that big of a difference.
Ron Ball - the resolution - refered back to Ron Ball with a new Resolution. Will void Resolution.
Motion to approve 18. AB #19,723 - APPEAL FROM MR. PEABODY'S PUB & GRILL REGARDING THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION. To consider an appeal of the recommendation by the Carlsbad Police Department to deny an amendment to the liquor license for Mr. Peabody's Bar & Grill to extend the hours of liquor service. Resolution No. 2009-033. ACTION: Moved by Council Member Blackburn, seconded by Mayor Pro Tem Kulchin.
Vote to approve 18. AB #19,723 - APPEAL FROM MR. PEABODY'S PUB & GRILL REGARDING THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION. To consider an appeal of the recommendation by the Carlsbad Police Department to deny an amendment to the liquor license for Mr. Peabody's Bar & Grill to extend the hours of liquor service. Resolution No. 2009-033. ACTION: (Approved) (Recorded at 02:41:44)
19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION:
AB #19,724
David de Cordova, Principal Planner, presented the staff report and reviewed a PowerPoint presentation (on Hall returned to dais at 8:38 p.m.)
Presentation - on file in the Office of the City Clerk.
Gave details of study area
Gave brief history of barrio establishment.
Background - other related planning efforts.
Reviewed - 1995 Specific Plan Effort (not adopted). 2005 - Draft Housing Element.
Goal Team assembled to consider making some changes to non-conforming use ordinance amendment to give regulatory relief to some property owners.
Would like to submit application for Barrio Area Land Use Study
Approximately 2.5 years to complete.
Acknowledgement of need to do something with area.
Reviewed Fiscal Impact and Local Benefits. Local Match $20,000 + "In-kind" services. No new appropriation required. Potential grand for up to $175,000. Barrio Study could proceed sooner.
Now reviewing staff's recommendation.
End of presentation.
Packard - SANDAG timeline for when grants to be approved and distributed? Mr. De Cordova - in May of this year to be approved and then distributed shortly thereafter.
Packard - on our map of the Barrio area - on the northern border which is Oak Street. Part of map is on North side of Oak and Part is on South. Border to represent on different sides of the street. Dave de Cordova? Debbie Fountain came forward - have had recent conversations - approvals - were trying to use parcel map to go to primary commercial. Boundary adjustments based on parcel land use descriptions.
Hall - had to do with sidewalk improvements. Moved around residential areas per Fountain.
Lewis - comments - been assured that property owners are willing to participate this time. Gave a brief history of previous efforts for study in the past. Fountain - possibility that if you wanted to expand the Village Master Plan may be able to expand to Barrio area.
Blackburn - brief comment.
Motion to approve 19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION: (Approved) (Recorded at 02:59:21)
Motion to approve 19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION: (Approved) (Recorded at 02:59:48)
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.
Motion to approve 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. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 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. (Approved) (Recorded at 03:00:29)
Council comments now.
Thought for the night - Lincoln's birthday. My dream is of a place and a time when America will be seen as the . . . .
Hall - SANDAG goal setting - conversation about the economy.
Pension reform was discussion at League of cities and at SANDAG.
Lewis - spoke about water issue.
Lewis - pension reform on the 24th. Meeting adjourned at 9:02 p.m.
Feb 10, 2009 City Council Meeting
Full agenda
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:03:13)
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held January 27, 2009
Minutes of the Joint Special Meetings held January 27, 2009
Motion to approve Minutes of the Joint Special Meetings held January 27, 2009 Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve Minutes of the Joint Special Meetings held January 27, 2009 (Approved) (Recorded at 00:03:42)
Motion to approve Minutes of the Joint Special Meetings held January 27, 2009 Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve Minutes of the Joint Special Meetings held January 27, 2009 (Approved) (Recorded at 00:04:17)
PRESENTATIONS:
Presentation to City Council by Kids for Peace
Listen for name of children thanking council for what they do for our City.
2nd kid - Eric - thank you for taking care of streets and facilities.
3rd kid - Lydia - Thank you clean beaches and lifeguards.
Boddie - Thank you for all things done for Carlsbad kids.
Emily - thank you for beautiful parks.
Ethan - Thank you for keeping us safe with police and fire fighters.
Sylar - thank for the libraries.
Chivante - With Valentines day close - presented the Council with Valentine Cards. Invited every kid to use kind words in kind ways.
Chrissy - Thank you - you are great - Love you.
Denise - Kids for Peace Kid - presented Council to Celepalooza - in San Diego.
On behalf of Kids for Peace thank you for letting us speak.
Council stepping down from dais to receive their vilentines
Council receiving valentines - kidsforpeachusa.org
Photos of children and Council now.
Presentation of Retirement Proclamations to Alex Mitkevich and Keith Blackburn
Mayor Lewis introduced Proclamations.
Mayor Pro Tem Kulchin presented retirement Proclamation to retiring Police Officer Keith Blackburn. Over 21 years of service. Began in July of 1987. Supervisor of K-9 division.
Keith now to say a few words - exposed to a lot of different cities - Carlsbad really is good. Comparison - if you see a cook of restaurant eating in a restaurant. Proud to be a resident of CArlsbad.
Council Member Matt Hall to present a Proclamation to Alex Mitkevich. - 19 years in Marines and 26 years to the City of Carlsbad. Interesting. Reading Proclamation to Alex on behalf of Mayor and Council. Dedication and interest to duties has had a valuable effect on police department.
Alex - started wearing a uniform since he was 5 - boy scout in France.
Photos of retirees and families.
Photo taken of Alex and wife now.
Keith, Alex and other Police Officers now.
Council and retirees now.
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.
Pulled item number 1.
Item number 13 - revised resolution per Ball.
Motion to approve WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. (Approved) (Recorded at 00:22:39)
1. AB #19,706 - ACCEPT DONATION FROM THE FRIENDS OF THE CARLSBAD CITY LIBRARY. Accepting a donation from Friends of the Carlsbad City Library for materials and for the 2009 Carlsbad Reads Together program, and authorizing the appropriation of donated funds. Resolution No. 2009-021. ACTION:
AB #19,706
Mayor Pro Tem Kulchin - spoke about donation from Friends of the Carlsbad City Library. Asked Mr. Wood to come forward.
Mr. Wood - President of Friends - donation of over $20,000 brings to over $140,000 for fiscal year. Thanked all Friends Members and volunteers. Glad to have opportunity to serve the Libraries.
Motion to approve 1. AB #19,706 - ACCEPT DONATION FROM THE FRIENDS OF THE CARLSBAD CITY LIBRARY. Accepting a donation from Friends of the Carlsbad City Library for materials and for the 2009 Carlsbad Reads Together program, and authorizing the appropriation of donated funds. Resolution No. 2009-021. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 1. AB #19,706 - ACCEPT DONATION FROM THE FRIENDS OF THE CARLSBAD CITY LIBRARY. Accepting a donation from Friends of the Carlsbad City Library for materials and for the 2009 Carlsbad Reads Together program, and authorizing the appropriation of donated funds. Resolution No. 2009-021. ACTION: (Approved) (Recorded at 00:24:47)
2. AB #19,707 - NOTICE OF COMPLETION. Accepting the construction of the Poinsettia Sewage Lift Station Upgrade as complete, and directing the City Clerk to record the Notice of Completion, Project No. 38751. Resolution No. 2009-022. ACTION:
AB #19,707
3. AB #19,708 - NOTICE OF COMPLETION. Accepting citywide asphalt repairs as complete, and directing the City Clerk to record the Notice of Completion, Contract No. PWS06-29STS. Resolution No. 2009-023. ACTION:
AB #19,708
4. AB #19,709 - NOTICE OF COMPLETION. Accepting the installation of 36 Traffic Signal Battery Backup Systems as complete, and directing the City Clerk to record the Notice of Completion, Contract No. UPS-2. Resolution No. 2009-024. ACTION:
AB #19,709
5. AB #19,710 - NOTICE OF COMPLETION. Accepting the La Costa Canyon Park restroom renovation as complete, and directing the City Clerk to record the Notice of Completion, Contract No. PKS 08-02. Resolution No. 2009-025. ACTION:
AB #19,710
6. AB #19,711 - NOTICE OF COMPLETION. Accepting the Summer 2008 Concrete and Hardscape repairs as complete, and directing the City Clerk to record the Notice of Completion, AL1, Project No. 6021, Contract No. STS 08-02. Resolution No. 2009-026. ACTION:
AB #19,711
7. AB #19,712 - DECLARATION OF A LOCAL EMERGENCY. Declaring a continued State of Local Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550 Carlsbad Boulevard, Project No. 3624. Resolution No. 2009-027. ACTION:
AB #19,712
8. AB #19,713 - NOTICE OF COMPLETION. Accepting the construction of the 2008 ARAM and Slurry Seal as complete, and directing the City Clerk to record the Notice of Completion, Project No. 6001-08 (SS). Resolution No. 2009-028. ACTION:
AB #19,713
9. AB #19,714 - NOTICE OF COMPLETION. Accepting the construction of the 2008 Pavement Overlay as complete, and directing the City Clerk to record the Notice of Completion, Project No. 6001-08(OL). Resolution No. 2009-029. ACTION:
AB #19,714
10. AB #19,715 - NOTICE OF COMPLETION. Accepting the construction of the City Library Learning Center as complete, and directing the City Clerk to record the Notice of Completion, Project Nos. 3771 and 4001. Resolution No. 2009-030. ACTION:
AB #19,715
11. AB #19,716 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's report on City investments as of December 31, 2008. ACTION:
AB #19,716
12. AB #19,717 - AUTHORIZATION TO APPLY FOR THE 2009-2010 PUBLIC LIBRARY STAFF EDUCATION PROGRAM GRANT. Authorizing the Carlsbad City Library to apply for a grant from the California State Library for the 2009-2010 Public Library Staff Education Program, and directing the City Finance Department to appropriate any awarded funds to the Library's Administration budget for tuition reimbursement. Resolution No. 2009-031. ACTION:
AB #19,717
13. AB #19,718 - COMMUNITY ACTIVITY GRANTS FY 2008-09 FUNDING RECOMMENDATION. Accepting the recommendations of the Community Activity Grants Citizen Review Committee to allocate funds to the organizations identified. Resolution No. 2009-032. ACTION:
AB #19,718
ORDINANCE FOR INTRODUCTION:
14. AB #19,719 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING ELIGIBILITY FOR OFFICE. To consider adding section 2.040.060 and amending section 2.060.090 of the Carlsbad Municipal Code regarding eligibility for the offices of Mayor and City Council Member. Introduction of Ordinance No. CS-023. ACTION:
AB #19,719
City Attorney Ron Ball titled the Ordinance.
Motion to approve 14. AB #19,719 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING ELIGIBILITY FOR OFFICE. To consider adding section 2.040.060 and amending section 2.060.090 of the Carlsbad Municipal Code regarding eligibility for the offices of Mayor and City Council Member. Introduction of Ordinance No. CS-023. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 14. AB #19,719 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING ELIGIBILITY FOR OFFICE. To consider adding section 2.040.060 and amending section 2.060.090 of the Carlsbad Municipal Code regarding eligibility for the offices of Mayor and City Council Member. Introduction of Ordinance No. CS-023. ACTION: (Approved) (Recorded at 00:26:57)
15. AB #19,720 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING CITY COUNCIL COMPENSATION. To consider amending sections 2.04.010 AND 2.04.020 of the Carlsbad Municipal Code regarding Compensation for the Mayor and City Council Members. Introduction of Ordinance No. CS-024. ACTION:
AB #19,720
City Attorney Ron Ball titled the Ordinance. Gave details of Ordinance.
Mayor Lewis - commented on current economic conditions because we will be scrutinized relating to services in Carlsbad. Set the tone.
City Attorney now titling the Ordinance.
Motion to approve 15. AB #19,720 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING CITY COUNCIL COMPENSATION. To consider amending sections 2.04.010 AND 2.04.020 of the Carlsbad Municipal Code regarding Compensation for the Mayor and City Council Members. Introduction of Ordinance No. CS-024. ACTION: Moved by Mayor Pro Tem Kulchin, no second required.
Vote to approve 15. AB #19,720 - AMENDING THE CARLSBAD MUNICIPAL CODE REGARDING CITY COUNCIL COMPENSATION. To consider amending sections 2.04.010 AND 2.04.020 of the Carlsbad Municipal Code regarding Compensation for the Mayor and City Council Members. Introduction of Ordinance No. CS-024. ACTION: (Approved) (Recorded at 00:29:26)
ORDINANCE FOR ADOPTION:
16. AB #19,721 - AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. Adopting Ordinance No. CS-022, amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. ACTION:
AB #19,721
City Attorney Ron Ball titled the Ordinance.
Motion to approve 16. AB #19,721 - AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. Adopting Ordinance No. CS-022, amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 16. AB #19,721 - AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. Adopting Ordinance No. CS-022, amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. ACTION: (Approved) (Recorded at 00:30:30)
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
Glenn Bernard, Carlsbad, came forward to address Council. Spoke about remodeling home - 5 feet setback, remember that employees at Faraday are wonderful. Want to add a fourth bedroom on the north side of his yard. Regulation - relating to lot coverage. No ones house can exceed 40% of lot. May need to put fourth room upstairs. Let houses go to five foot setback. Please review the requirement.
Walt Meier, Carlsbad, came forward to address Council. Spoke about how to save $16 million of City's money. Spoke about police and fire training facility - to invite other cities to go in on development of facility. If you lease property - will be mistreated. Establish a manual. Also wanted to mention the Federal Stimulus Package - take out crossings at Cannon Road and Tamarack and get bridges there.
DEPARTMENTAL AND CITY MANAGER REPORT:
17. AB #19,722 - PRESENTATION FROM BRESSI RANCH RESIDENTS. To receive a presentation from Bressi Ranch residents regarding a TERI Group Home in Bressi Ranch. ACTION:
AB #19,722
Mayor Lewis - had some calls from people relating to CDBG processing.
Housing and REdevelopment Director Debbie Fountain explained that CDBG funds were Federal funding - $795,000. Process to distribute money requires a Committee, Planning Commission, Housing Commission, Senior commission and 4 citizens at large. The Mayor and City Council appoint members to the committee. The committee becomes very familiar with Federal regulations. The Committee then makes recommendations to the City Council through the PUblic Hearing process. Program is then forwarded to the Federal Government. Is a audited program by the Federal Government. Very specific requirements for funding - program specific regulations.
Mayor Lewis - all of us make the appointment - each Member of Committee is voted on. Total participation within the City.
Matt Hall - more detail on process. Confirmed that $$$ went through a competative process. Fountain - in the last round we had 21 applications for federal monies. Some application is for public service also public facilities. 16 applications come - 2 applications for public facilities - Affordable Housing - 3 projects (this one related to Terie).
Fountain - HOME Monies - down payment and closing cost assistance. CDBG for TERIE / a portion for City of Carlsbad.- Housing Reserve Fund (City Project).
Hall - confirmed that the TERI was only real project submitted. If we put $ in reserve account, how much time do we have to spend? Ms. Fountain - within one year. Could run into expenditure issues.
Mayor Lewis - legal aspect - ramifications by Ball.
City Attorney Ron Ball - Fountain explained Council discretion to administer Funds. However when it comes to developmentally disabled homes for 6 or fewer persons - deemed by the law to be viewed as single family house. Three statutory schemes that provide state protection to prevent legislative body from interfering. Reference Mr. Ball's memo regarding this.
City Attorney Ron Ball gave an overview of the various statutes that protect the Citizens.
Dana Matas, Bressi Ranch neighborhood, representing concerned homeowners. Jim McConnon also. Bressi Ranch is a compassionate community. Many homes are dealing with families with special needs.
PowerPoint presentation, on file in the Office of the City Clerk.
Additional expenses with living in the community.
Spoke about the contract.
Spoke about City of Carlsbad - Terie disqualified themselves from the funding. Breach of contract.
Because of their decision to purchase in Bressi neighborhood.
Investigate inconsistencies.
Mayor Lewis - Attorney working with homeowners. Not representing HOA. Is your group representing half of the Bressi Ranch neighborhood?
Attorney - did not take a vote - do not have number of people.
As you review neighborhood - TERI - people were afraid for their children said Attorney.
This is now a taxpayer issue.
Read that actions in direct violation of contract.
Packard - clarify by your presentation tonight - the residents concerns regarding safety of the children has been resolved? No - said Bressi lady.
Taxpayer concerns stated Mr. John McConnin.
Charlene More, resident of old Carlsbad. Work for healthcare organization - worked with TERI over last several years. I am baffled, I think that the comment that neighborhood does not need rehab. Many types of rehabilitiation. OUr differences are what bring us together. Bring peace through kind words. Not kind words in newspaper editorials. Deserve to live in best home possible. Structure and support from organization will be ongoing.
Opposed to Bressi Group.
Lynette Olsen, resident of Bressi Ranch. I am not associated with anti-Teri group. Is on mailing list but not supportive of group.
Don't want our government to spend money wastefully. If the issue is to find a way to discriminate against a group of people who is protected by a host of federal and state laws. Feels that this is discrimination. Hope Council carefully continues to act in a way that does not discriminate.
Dave Quimby, 60 years old. No children retired a few years ago. Feel that City made a terrible financial mistake. Spoke about violation of grant. Concerns about the way they could purchase that home. Agree with Bressi Group.
Mimi Monzano, Bressi Ranch resident. Reviewed the block grant and application and contract. Asking for contract to be upheld. Found tons of violations to provide to all members today. Spoke about secretary to provide. Twelve violations in Oceanside. Violations of physical abuse/ reporting violation/ personal rights violation / violation of ingestion of small mouse pellet / violation of 27 consumers - licensed capacity of 30. Counted within 2 year span of other facilities - 63 document violations against TERI, Inc. Numerous violations for failure for current consent forms. In summary would like City to uphold contract with TERI, Inc.
Packard - are you aware of any discipline for TERI for any of these violations. Lady - basically and investigator from Health and Human Services - safety of clients is concern. Actions were taken but still violations.
Jim Benson, Bressi Ranch, Carlsbad, came forward to address Council. This is mis-use of funds. Feels like TERI took advantage of situation. Obviously Country is in an economic downturn. Contacted realtors for TERI. Both realtors - you shouldn't be upset / you shouldn't be worried - got you a great compensation.
Another question - why was all this approved before a house is selected. Not handled appropriately - doesn't seem right. Uphold contract on presentation tonight.
Judith Lindene, had group of work in Business Park in Vista, there is one who has been known to be violent. Imagine when we saw the video. This person who I know is in the TERI video. Safety is an issue. Against TERI - has many violations. TERI is not truthful. Uphold contract.
Diana Grogan, Bressi Ranch resident, Carlsbad. Second homeowner to move into Bressi. Live two doors down from Facility. I work with people disabled one way or another - have yet to find one person that failed on common sense check. Look at dollars involved. Misappropriation funds make everyone look bad. To me this screams of an organization taking full advantage of a system that didn't watch it's back. TERI made everyone look bad.
Last speaker.
Mayor Lewis - first thing Mr. Ball - breach of contract. Council was not paying attention and second thing was the funding. Have home picked out before money is given.
Do we monitor what type of home they buy.
CA Ball - Reviewed the contract this afternoon - did not find any breach of contract. Is not for purpose of rehabilitation - for affordable housing for people living in the home. If there is a complaint about the licensing, needs to go to State. If dispute of guidelines, that is a dispute to be taken up with department of HUD.
Debbie Fountain - when we received application - specific for what type of homes they are working for. One thing is hard to understand. Applications are received in NOv. or DEc. for money given out in following year (August or September). They give estimate of what $$$ they will need; they do not have to tell what specific property they have in mind. Very seldom happens. They were buying a single family home. Can purchase anywhere in CArlsbad. Applciation was specific to find property in Carlsbad.
Hall - when we start talking about affordability - determined by number of people - 4 or 6.
Fountain - we look at what it would cost to build individual homes to build 6 homes for these individuals. About $275,000 per person. We gave $800,000. If you try to compare to building units independently.
Kulchin - is there anyone from TERI present to speak. Would be happy to answer any questions.
Executive Director Cheryl Kilmer from TERI came forward to address the Council
Kulchin - some testimony about violations - 63 violations from Health and Human Services.
Ms. Kilmer - facilities are licensed and inspected by agencies. Monitored for everything - licensing agencies come in to monitor for deficiencies. At TERI we are proud to offer services to over 600 individuals for last 29 years. TERI is cited as a model program. Do we have an accident, staff make a bad judgement, raised our voices - misinterpretation. Raising you voice or grabbing an arm is considered abuse in the industry.
Packard - have you from state licensing agency - received any disciplinary action. Ms. Kilmer - deficiencies and citations - depends on type of deficiency and citations with fines attached were less than 10.
Hall - can your respond to amount of money invested.
Ms. Kilmer - fundraised - this is our 11th homes. Went looking throughout all of Carlsbad, to find a house that was large enough. House and land was plenty for all folks. Explained purchase in Oceanside - after all renovations - house was worth over a million. Found house that did not require any further renovations.
Debbie Fountain, when we asked about violations on the program. Listen to Debbie's comments here. Asking about any program violations where Federal money has been received. Not licensing violations on application. TERI project was classified as affordable housing acquisition not a rehabilitation or renovation of property. When we wrote subreciipeint agreement does specifiy up to six persons. Application did say that Carlsbad residents - these are Federal funding and program and cannot limit the residents to Carlsbad. However do ask for priority.
Packard to Mrs. Kilmer - your model/concept is to help developmentally disabled people to progress to their highest level? Do you have cost of care for your service vs. institutional care?
Kilmer - average is around $250,000 / year to hospitalize. Packard - costs less on a nation.
Kilmer - HUD homes are held in perpetuity - these are long term solutions. Having a benefit of grant to our clientele, when we buy a mortgage free home.
Kulchin - Ms. Kilmer - how long have you been with TERI. Ms. Kilmer founded TERI in 1980.
Recess at 7:50 p.m.
Back from recess at 8:00 p.m.
Blackburn - confident that the decision was good. I also see other point of view and see where other observations come from. Would this same outcry be happening if house going into my neighborhood.
Packard - appreciate staff. Have not been persuaded that staff is incorrect. If I had any reason to believe that state licencing agencies or practices of TERI would allow dangerous individuals into our neighborhoods I would not support this.
TERI's philosophy to give a hand up not a hand out.
Mr. Hall - try to take a minute to talk through the economics. When we go back and think about these types of projects. Amazes me what it takes to create an affordable unit. Disconserting when you see the number, but you when you see the number of people who it will help. PUt your name in for being on a CDBG board. Would like to see your views and take part in the process. Concur with fellow council members.
Kulchin - agree with my colleagues - appreciate Debbie Fountain explaining things and also Ms. Kilmer.
Ron Ball did a good job in terms of research.
Lewis - I have an educational background. Known a number of parents who live in homes like this where these individuals become an asset to the community. I appreciate comments of pros and cons.
Concur this is a good project.
Received the presentation.
18. AB #19,723 - APPEAL FROM MR. PEABODY'S PUB & GRILL REGARDING THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION. To consider an appeal of the recommendation by the Carlsbad Police Department to deny an amendment to the liquor license for Mr. Peabody's Bar & Grill to extend the hours of liquor service. Resolution No. 2009-033. ACTION:
AB #19,723
Matt Hall - stepping down at 8:08 p.m. due to conflict.
Police Captain Mike Shipley came forward to address Council first.
Mr. Shipley displayed slide.
Gave an overview of PD response to ABC request to extend service hours. The PD - the alcohol level between 12 - 2:00 a.m. is high and increased risk. Showed graph displaying alcohold realted areests and field interview January 06 to October 08. Now there is a chart - of Alcohol Realted Arrest and Field Interviews for Just 2008.
Lewis - question before we get started - if Council grants this - can we take away our authorization? The decreasing of conditions on an ABC license is more difficult.
Shipley - activity level has dropped 10 to 15% since inreased patrols in downtown.
Blackburn - is the decision based on alcohol related activity in area - not specifically related Peabodys or any other establishment per Sheipley.
Lewis - is there a measure we can have standing with the aBC board to nail them back to 1:00 or 12:00.
Ball - I think the answer is no. It's up to the ABC - once ABC places condition on license. This is recommendation to the ABC. You do have jurisdiction over the entertainment license. The PD makes recommendation / ABC makes final decision.
Packard - how often does an establishment have to go back to ABC for review of license. Shipley - the only time we get involved is if there is a requested change to the permit or if numerous incidents.
Shipley - we only get involved when they are trying to change.
Lewis - is this a legilsature right to ask for change in hours? Shipley - yes it is there right.
Shipley - our job to document problem with establishments. We ask ABC to look into the establishments. Some businesses have been sanctioned. In past 3 years focusing more on that type of activity.
Packard - reiterated that recommendation resulting from concentration of ihigh level of alcohol related activity issues in one area. Not specific to Peabody's.
Jesse Mallinger, Attorney representing Peabody's, a Patron of Peabody's. Introduced Brie Cardosa. _ Showed Video of problem.
Video is on file;
End of presentation.
Will voluntarily stipulate - to allow Council to review every two years. More like a Cheers type of department.
Want to differentiate Peabody's from the other establishments and right on Grand. We are nothing like those places; they have live entertainment. Peabody's has a jukebox - only goes as loud in video. Has older crowd and serve comforting food. We have law enforcement people who come to Peabody's. Would have to ask superiors.
Kurt Turrell, Officer letter. Have been at Mr. Peabody's on many occassions. Very friendly place. A family place. Warm and friendly family pub.
Signed by Kurt Terrell.
Referenced a chart - see if we have a chart.
Invited Council to go down to Peabody's and visit the location.
Mr. Blackburn - did go and visit Peabody's. A career police officer/the dui's/the fights. The majority of intoxicated people in downtown do not net any value. Have problem with Mr. Peabody's being held to a different standard. Would buy into some restrictions if there was anything extensive problems. No dancing, no overcrowding, not overly loud. I did walk over to Coyote - it was stuffed and super loud. Ocean House - was a very young crowd. This is wrong business to make an example of.
Packard - I respectfully disagree. I believe Peabody's is a good establishment because of the type of restrictions it has. You will create another Coyote and Ocean House. Our staff and PD has said there is a difficult problem in that area. The time of night the whole clientele changes.
Fighting to change the image of the village in the late evening. A step backward in progress that has been made.
Kulchin - I support the Police and regret what had happened downtown. I think the Peabody's should have same hours as the others - in terms of just fairness.
Kulchin - with idea that it would be reviewed in two years. Ready to give them a shot at it.
Will need to refund appeal money if the appeal is granted.
Lewis - also agree with fairness element. Wish we could have more control. Coyote is loud enough for everybody. I can support idea of 2:00. Police to review how it is working in that area. Would like two year stipulation. Don't think it will make that big of a difference.
Ron Ball - the resolution - refered back to Ron Ball with a new Resolution. Will void Resolution.
Motion to approve 18. AB #19,723 - APPEAL FROM MR. PEABODY'S PUB & GRILL REGARDING THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION. To consider an appeal of the recommendation by the Carlsbad Police Department to deny an amendment to the liquor license for Mr. Peabody's Bar & Grill to extend the hours of liquor service. Resolution No. 2009-033. ACTION: Moved by Council Member Blackburn, seconded by Mayor Pro Tem Kulchin.
Vote to approve 18. AB #19,723 - APPEAL FROM MR. PEABODY'S PUB & GRILL REGARDING THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION. To consider an appeal of the recommendation by the Carlsbad Police Department to deny an amendment to the liquor license for Mr. Peabody's Bar & Grill to extend the hours of liquor service. Resolution No. 2009-033. ACTION: (Approved) (Recorded at 02:41:44)
19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION:
AB #19,724
David de Cordova, Principal Planner, presented the staff report and reviewed a PowerPoint presentation (on Hall returned to dais at 8:38 p.m.)
Presentation - on file in the Office of the City Clerk.
Gave details of study area
Gave brief history of barrio establishment.
Background - other related planning efforts.
Reviewed - 1995 Specific Plan Effort (not adopted). 2005 - Draft Housing Element.
Goal Team assembled to consider making some changes to non-conforming use ordinance amendment to give regulatory relief to some property owners.
Would like to submit application for Barrio Area Land Use Study
Approximately 2.5 years to complete.
Acknowledgement of need to do something with area.
Reviewed Fiscal Impact and Local Benefits. Local Match $20,000 + "In-kind" services. No new appropriation required. Potential grand for up to $175,000. Barrio Study could proceed sooner.
Now reviewing staff's recommendation.
End of presentation.
Packard - SANDAG timeline for when grants to be approved and distributed? Mr. De Cordova - in May of this year to be approved and then distributed shortly thereafter.
Packard - on our map of the Barrio area - on the northern border which is Oak Street. Part of map is on North side of Oak and Part is on South. Border to represent on different sides of the street. Dave de Cordova? Debbie Fountain came forward - have had recent conversations - approvals - were trying to use parcel map to go to primary commercial. Boundary adjustments based on parcel land use descriptions.
Hall - had to do with sidewalk improvements. Moved around residential areas per Fountain.
Lewis - comments - been assured that property owners are willing to participate this time. Gave a brief history of previous efforts for study in the past. Fountain - possibility that if you wanted to expand the Village Master Plan may be able to expand to Barrio area.
Blackburn - brief comment.
Motion to approve 19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION: (Approved) (Recorded at 02:59:21)
Motion to approve 19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 19. AB #19,724 - SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT APPLICATION FOR BARRIO AREA LAND USE STUDY. To consider authorizing the filing of an application for the Smart Growth Incentive Program Grant Funds through the San Diego Association of Governments for the Barrios Area Land Use Study. Resolution No. 2009-034. ACTION: (Approved) (Recorded at 02:59:48)
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.
Motion to approve 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. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 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. (Approved) (Recorded at 03:00:29)
Council comments now.
Thought for the night - Lincoln's birthday. My dream is of a place and a time when America will be seen as the . . . .
Hall - SANDAG goal setting - conversation about the economy.
Pension reform was discussion at League of cities and at SANDAG.
Lewis - spoke about water issue.
Lewis - pension reform on the 24th. Meeting adjourned at 9:02 p.m.
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