Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Closed Session Announcement - litigation. 5/0
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:02:24)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:03:29)
Minutes of the Regular Meeting held February 10, 2009.
Minutes of the Special Meeting held February 17, 2009.
Minutes of the Regular Meeting held February 17, 2009.
Minutes of the Special Meeting held February 18, 2009.
Minutes of the Special Meetings held February 24, 2009.
Minutes of the Special Meeting held March 3, 2009.
PRESENTATIONS:
Proclamation declaring March as Green Month in Carlsbad.
Council Member Hall presented a Proclamation to Ted Owen and Bev Jorgensen from the Carlsbad Chamber of Commerce in recognition of Sustainability Month (March).
Hall - Chamber Annual Awards Dinner - better environment in Community.
Hall now reading the Proclamation.
Sustainable programs in the Month of March.
Ted Owen from Chamber speaking now. Chamber led by example for Green Energy. Light bill down $500 from solar tubes installed at the Chamber.
Working towards 0 carbon footprint.
Ann Kulchin - Stater Brothers. Heather Pizzuto - $2500 - 125 books (listen to this).
Stater Bros. donation of $1000 to Carlsbad Police Department - Explorers and Cpl Gallanos - interns on pd. Donation is 1/10th of Explorers Budget.
Pizzuto - Stater Bros. Manager Chuck Henry - charities purpose is to give back to the community. Stater Bros. charities proud to support needs of the community.
Pictures of Chamber first.
Photos by Karen Maynor.
Photos by Lady now.
Stater Bros. photographs now.
Karen Maynor taking photos again.
Library photos now. Check is for Children's Books.
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.
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 00:14:34)
Item number 3 pulled by Packard.
1. AB #19,732 - ACCEPT DONATION FOR CITY LIBRARY. Accepting a donation from Stater Bros. Charities for the purchase of children's books for the Carlsbad City Library, and authorizing the appropriation of donated funds. Resolution No. 2009-040. ACTION:
AB #19,732
2. AB #19,744 - AUTHORIZE SUBMISSION OF GRANT APPLICATION. Authorizing the submission of a grant application for TransNet Environmental Mitigation Program funds through the San Diego Association of Governments for the Lake Calavera Preserve Planning Area Access Control and Habitat Restoration Project. Resolution No. 2009-049. ACTION:
AB #19,744
3. AB #19,733 - CONDITIONAL GRANT OF APPEAL OF MR. PEABODY'S PUB & GRILL. Conditionally granting the appeal to extend the hours of liquor service from 12:00 midnight to 2:00 a.m. for Mr. Peabody's Pub & Grill. Resolution No. 2009-041. ACTION:
AB #19,733
Hall - stepping down from dais at this time. Packard voted no on this item before. Packard - not sure why this idea of fairness is preminent virtue over all virtues in the City. Consider fairness in going back to bringing other alcohol establishments back to where this establishment is. Believe step in wrong decision. Persuade someone to go along with him in not approving.
Motion by Packard died without second.
Motion to approve 3. AB #19,733 - CONDITIONAL GRANT OF APPEAL OF MR. PEABODY'S PUB & GRILL. Conditionally granting the appeal to extend the hours of liquor service from 12:00 midnight to 2:00 a.m. for Mr. Peabody's Pub & Grill. Resolution No. 2009-041. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Blackburn.
Vote to approve 3. AB #19,733 - CONDITIONAL GRANT OF APPEAL OF MR. PEABODY'S PUB & GRILL. Conditionally granting the appeal to extend the hours of liquor service from 12:00 midnight to 2:00 a.m. for Mr. Peabody's Pub & Grill. Resolution No. 2009-041. ACTION: (Approved) (Recorded at 00:17:27)
4. AB #19,734 - APPROVE THREE GRANT REQUESTS FOR THE FLOWER FIELDS AT CARLSBAD RANCH. Approving three grant requests from the Carltas Company for research projects intended to ensure the long-term productivity of the Flower Fields at Carlsbad Ranch; and, authorizing the appropriation of funds. Resolution No. 2009-042. ACTION:
AB #19,734
5. AB #19,735 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of January 31, 2009. ACTION:
AB #19,735
6. AB #19,736 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the settlement agreement between the City of Encinitas and the City of Carlsbad. ACTION:
AB #19,736
7. AB #19,737 - AMEND RESOLUTION REGARDING THE POWER AND DUTIES OF THE BEACH PRESERVATION COMMITTEE. Amending Resolution No. 2003-120 to refer to Resolution No. 93-178 regarding the powers and duties of the Beach Preservation Committee. Resolution No. 2009-043. ACTION:
AB #19,737
8. AB #19,738 - TERMINATION OF DECLARATION OF LOCAL EMERGENCY. Declaring the termination of the Local Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550 Carlsbad Boulevard, Project No. 3624. Resolution No. 2009-044. ACTION:
AB #19,738
9. AB #19,739 - REJECT BIDS AND RE-ADVERTISE FOR BIDS FOR REPAIR OF PALOMAR AIRPORT ROAD BRIDGE. Rejecting all bids and authorizing the City Clerk to re-advertise for bids for the repair of the Palomar Airport Road Bridge over Carlsbad Boulevard, Project No. 4700. Resolution No. 2009-045. ACTION:
AB #19,739
10. AB #19,740 - ADVERTISE FOR BIDS. Approving the plans and specifications for the construction of the Poinsettia Community Park Phase IIB Parking Lots, and authorizing the City Clerk to advertise for bids, Project No. 4504. Resolution No. 2009-046. ACTION:
AB #19,740
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.
Walt Meier, Carlsbad, came forward to address Council. Speaking about Village H - City to purchase property for open space, dog park, or enchanted forest park or Re-zone to open space. Does not want building in front of forest - would be tragic.
Monty Howard, Director at Generation Mortgage, fortunes tied to building and construction trades. Division closed and laid off 1/3 of work force (35 people). Asking Council to give Building and Construction industry support and consideration. Need help if industry is to recover and thrive.
Mr. Mark Kaplan coming forward to address Council. El Cajon, resident. President of Aspen Insurance Agency. Specialize in insuring all facets of construction industry. Due to downturn in construction, agency has had to lay off and loss of revenue. Clients have experienced lay offs and incredible loss of reenues. 60 - 80% revenue loss and lay offs. Wanted to point out that loss of jobs - people are not able to find new jobs. Looking to local government to approve projects and get the people back to work.
Four businesses going out of businees.. A 72 year old man filing personal bankruptcy. Economy is effecting everybody. Trying to make everyone aware to get the people back to work.
Hall - are you going to make these presentations to every city. Try to said Mr. Kaplan.
Bob Cummings, work for Barrett American - corporate headquarters in Carlsbad. Down to less than 20 employees - Filed Chapter 11. Representing people who are the faces behind this industry. Are things that you can do to bring the jobs back - will bring the economy back.. Ask the face of industry to stand up and remain standing for a while. All type A - have solutions to present to the City Council. Will want list of recommendations.
Diane Nygaard - Preserve Calavera. Thursday March 13th - Special Event - listen to details. At 7p.m. Also speaking about Village H - Calavera Hills. Property is priceless to the residents of Carlsbad "Enchanted Forest" called by residents. Village H - number two priority. When you have willing sellers bring items forward. Village H - estimated at 900,000 to 1.2 million. Village H at Bargain basement price 60 acres at $560,000 now. We paid 6 times as much for the Sherman acquisition. Preserve Calavera happy to help pay for the property. Don't let opportunity to slip away. Urge staff to do an appraisal.
Other speakers at end of meeting.
Hall commented that perhaps work with business community to think of ways to work together. First conversation at workshop was about economy. Want to start dialogue with business community. CM to work on developing meeting.
PUBLIC HEARINGS:
11. AB #19,741 -LEGOLAND HOTEL CALIFORNIA. To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, to consider approval of a Specific Plan Amendment (SP 207 (H)) and a Local Coastal Program Amendment (LCPA 08-01), to add hotel and accessory uses to Planning Area 4 (Legoland), of the Carlsbad Ranch Specific Plan (SP 207 (G)), to revise the parking rate for Legoland and gyms within the Carlsbad Ranch Specific Plan, and to reflect the previous name change of Hidden Valley Road to The Crossings Drive on property located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive. Introduction of Ordinance No. CS-024. Resolution No. 2009-047. ACTION:
AB #19,741
Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Lynch - gave location of proposed project.
Specific Plan Amendment - add hotel and accessory hotel uses. Just now looking at legislative actions. Project not yet submitted.
Design critieria for hotel development.
Amendment - propose modification to parking standards. Existing 92.4 parking spaces per acre of inner park development. Proposed 80.08 parking spaces per acre of inner park development.
At buildout the proposed hotel would meet all parking demands for the park.
Legoland vehicle storage: Condition reads the storage of vehicles shall terminate if Legoland develops.
Circulation Plan - Project conditioned and approved for access via Legoland Drive with service and deliveries from the Crossing Drive.
Update street name. Revise the parking standars for Gyms from 1/35 to 1/200 per ZCA 03-03 - clean up item.
Environmental Review. Mitigated Negative Declaration - Traffic (PAR and Paseo Del Norte)
Proposed hotel project - paleo resources / geology / noise impacts. Project impacted by PAR noise. Conditionally compatible. Hotel noise to be 45 decible.
Staff and Planning Commission recommending approval.
Hall - on CUP with Car Country - will have to forfeit CUP - different way to do that rather than specific point in time. What if inner park is developed and period of time do physically need the space - trying to help Car Country. If space still available - could we revert it back.
Packard - does language of CUP state the earlier of the two events or just one of the two events.
Van - both criteria are met in CUP. Would not be automatic then said hall.
Lewis - time sequence about 10 years. Yes said Van.
Packard - one slide said Legoland Drive. (yes said Van Legoland Drive is the entry into Legoland.
Packard - would Legoland be willing to forego the name of the road to . Lewis - staff maybe to bring back road name issue.
Applicant called forward at this time:
Peter Lon Katy - As of January 1, GM of Carlsbad Legoland.
City of CArlsbad and Legoland agreed home to Legoland America.
Business has shown steady growth. As was expected, legoland has added new attractions each year. More and more business coming from two to three day stays. Legoland California attracts tourists from other parts of the country.
An extension into a Legoland hotel would work very well. Immersed in Legoland around the clock.
Acknowledge earlier economic concerns. Legoland hotel would help additional attention to Legoland Park.
Joined by Legoland HOfman Planning (listen to this and list who he is joined by).
Open PH at 6:44 p.m.
Close PH at 6:44 p.m.
Blackburn - congratulations on 10 year anniversary. Great neighbor to our community.
Packard - Echo Mr. Blackburn's comments. Hotel concept will further enhance ability of Legoland to be successful part of our community and additional entertainment for families.
Hall - echo colleagues. Legoland has always met their commitments. Also appreciate what has been done for other parts of the communities.
Kulchin - can also support Legoland.
City Attorney Ron Ball titling the Ordinance. And adoption of Resolution No. 2009-047.
Hall - sometime have diologue regarding name.
12. AB #19,742 - RHOADES MINOR COASTAL DEVELOPMENT PERMIT APPEAL. To consider denying the appeal, and upholding the Planning Commission's decision denying the appeal of the approval, by the Planning Director, of a Minor Coastal Development Permit, CDP 08-06, to allow for the subdivision of a .42 acre single-family residential lot zoned R-1-7, 500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road, and south of Poinsettia Lane. Resolution No. 2009-048. ACTION:
AB #19,742
Assistant Planner Shelley ESteybar presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Proposed minor subdivision complies with all required/allowed standards.
City has historically approved similar panhandle lots.
Project density calculation also in compliance.
Appeal to City Council: Reasons listed in PowerPOint.
Gave lot sizes of surrounding properties.
Growth Management Control Point of 3.2 du/acre
Consistent with R-1 Zone.
R-1-7500 allows (see presentation)
Staff is not aware of any injunction on private view easement. Easement was recorded. Project is not proposing building on easement.
Staff recommending adopting City Council Resolution No. 2009-048
Blackburn - please explaine Q overlay and how it applies. Shelley allows site development plan to - listen to Ms. Esteybars answer. When SDP comes forward will be considered by Planning Commission.
Packard - received a letter from former owner of property William Lin - talked about dated 3/4/2009 - stating in second paragraph city planning commission when earlier parcel was divided into four lots. Planning Commission said lots could not be split again. Are you prepared to answer.
Esteybar - original approval by staff - on 6/20/01 the CDP and - consent calendar - no further discussion regarding not allowing further subdivision. Approving documents for CDB - CC resolution - no condition restricting further subdivision.
Hall - no documentation restricting further subdivision on the parcels.
Appelant now giving presentation.
June Tao Lin - Capistrano Beech. Michael Fox, designing retirement home for parents in Carlsbad.
Does not feel that project should have been approved to begin with.
Presentation from Appelant (on file in the Office of the City Clerk).
Smaller view should have been used. Lynn Minor Subdivision.
IfLynn Minor subdivision appeared that way - would the project have been approved.
Shows image of property going north. Parcel 3 has height restriction of 10 feet.
What is exceptional about this project. Barely meets standards of criteria.
Difficult to build a home on this lot.
Footprint including garage is about 1500 feet. Should not be any improvements on view easement.
Controversial Project: Planning Commission voted 3:2 against the appeal. All thea djacent neighbors (look at presentation).
The project has storm water and drainage issues.
Density Calculations - no more than 50% of the portion of a site containing twentfive to forty percent slopes may be utilized for calculating allowable residential density.
We do not feel that the treatment of the various parties has been fair.
Sets a bad precedent. Spoke about Commissioner Montgomery.
Why is the density bonus warranted.
Quoting General Plan Objectives. Look at comments on PowerPoint presentation.
General Plan talks about integrity of design.
End of Presentation.
No questions of applicant.
Open PH at 7:18 p.m.
Candace Lynn - original owners of two acre parcel. We are not experienced. Need Council help - maybe we made a mistake by not hiring an ex city engineer to design lot.
We did propose - to sell property and then let them split the property again. Absolutely not said City staff. Sold the parcel to Rhoades. We felt let the neighbors down and intend to fight this with neighbors. Do not want small panhandle lot. Thanked Council for coming out to look.
Lewis - at the Planning Commission meeting - wasn't this even discussed - no one made any comments. No, we had asked said lady. Could not split lots again? Answer was no. This was when originally lots were split.
Rick Connor - 6575 BlackRail Road - part of Lynn Minor Subdivision. Also in opposition to proposed project. Density calculation has not been considered. Calculation is going to create a Bressi Ranch . This is not a community like Bressi Ranch. Want larger lots and bigger space. Looked at every panhandle lot in the area. Smallest in the zip code.
Original intent was to have bigger lots.
What about other neighbors in the area. Economic impact to neighbors if lot is sub-divided. original intent of subdivision shoudl be upheld.
Hall - talked to neighbors - did you talk to City or anyone at the city about the property. Prior to talking to owners. At that time a preliminary TPM was submitted but not in the computer. Also spoke to owners of the lot and the Lynn's.
Hall - what's a tpm (tentative parcel map) said guy.
Bob Wojcik, Carlsbad, HOfman Planning and Engineering. Ex city engineer being referred to. Subdivision wasn't given preferential treatment. Knowledge of city standards. I am well aware of all of the requirements. Assure Council that subdivision meets all standards, requirements and policies. Project began almost 2 years ago.
When Mr. Rhoades approached HOfman Planning. Went to counter and verified that property could be sub-divided.
Property owner made application for minor sub-division. Property owners appealed decision by Planning Staff to Planning Director - director held hearing. Then appealed to Planning Commission - once again denied the appeal. Now before Council. Additional review by staff and Council. Should be approved as conditioned. There has been discussion about yards, parking turn around. I can explain all of that to you. Staff has reviewed this over, over and over again. Ask that Council upheld findings of staff, Planning Director and Planning Commission.
Packard - did the property owner - Glenn Rhoades - did they buy property contingent on doing a lot split? Wojcik - Rhoades will answer.
Glenn Rhoades, one of two partners owning the lot (Doug Nelson ) is partner. We did explain at Planning Commission both grew up in Carlsbad. We looked around and found property. Mr. Nelson was friends with Mr. Lynn. We were told that lot we purcahsed was a good deal because it was splittable. Wasn't originally split because of infrastructure costs. Purchased in April 2004. We made decision to go ahead and pursue the split.
Along the way we have met every requirement. We have done everything asked of us. The Conners - eluded to conversation. Conners already moved into the house before they have met them. Worked with Lynns to record view easement and work with neighbors even though not required.
Respectfully asking for City Council's support in denying the appeal.
Packard - you had a conversation with the Lynn's (bought property from them). They indicated that the lot could be split. Mr. Nelson had conversation with Lynn's per Mr. Rhoades.
Lewis - there are actually three lots in the area - two panhandle lots. Under impression that these are to be large home lots said lewis. Areas to east and west were to be smaller. Mr. Lynn the seller said the property was splittable. What assisted our choice with decision was watching the other homes being built.
Packard - we have two conflicting statements about what was intended. The Lynn's told you that lots could be split. They said that there was not intent for the property to be split.
Was any realtor present to the conversation regarding the conversations.
Lewis - as long as city requirements are met and allows the lot to be split.
Kulchin - Mr. Neu - came to you for a decision - background on your decision.
We reviewed the project with compliance with City standards. Listen to this. Neu - the Coastal Permit is looking for compliance with Coastal. Both were found to comply with ordinance.
Neu - character of neighborhood - Montgomery struggled with exceptional findings.
Properties to the west (cardosa property). We do have Showed slide of land use designations.
If original subdivider could have recorded - the general plan allows the smaller lot sizes
Hall - if Mr. Lynn wanted to subdivide into five lots. Would have required a Tentative Tract Map (minor subdivision). Approving body would have been Planning Commission rather than staff. Listen to this. In terms of layout
Hall - to go to next level would have been more detail and more cost.
Hall - parking, turning movements, lot coverage and storm water? When does that get clearly reviwed?
Neu - the storm water is considered at this point. Code asks for lot to be able to turn around. Have reviewed layouts that car can turn around.
Hall - Storm Water is part of permit process.
Staff (not sure who). saying that enough detail regarding drainage that capacity is there . .. .listen to.
Mr. Nelson, - Doug - the other owner. Mr. Lynn told Mr. Nelson about the lots he was going to subdivide, he literally told me this is the lot you want because it has potential to split. Took out loans to acquire the property.
Lewis - define exceptional status. Neu - look at page 11 under item 6 - line 11 - look at abc and justifications for findings.
Project density does not allow
Packard - there seems to be some concern about the term exceptional - connotations.
Neu - applied as speakers as being something unique to the lot. What the General Plan was aimed at was - - exceptional is function of the calculation.
Look at slide showing calculations. General Plan provision allows projects designated RLM to go up to 25% above top of the density range
Close PH at 7:56 p.m.
Blackburn - however Council rules - someone is going to go home unhappy. Looked at some homes across the street. At least three homes across the street smaller or same size. After a lot of time will support the denial of the appeal.
Packard - wish I could have been a fly on the wall somewhere. I was at lot on Saturday. My perception that this was probably designed to provide for larger type homes.
I was leaning towards supporting the appeal. When the Lynns were told stated intent that the lots could not be split. Then Mr. Lynn himself said parcels could be split per Mr. Nelson.
Packard - I will vote to deny the appeal.
Hall - will also deny the appeal.
Kulchin - will also deny the appeal.
Motion to approve 12. AB #19,742 - RHOADES MINOR COASTAL DEVELOPMENT PERMIT APPEAL. To consider denying the appeal, and upholding the Planning Commission's decision denying the appeal of the approval, by the Planning Director, of a Minor Coastal Development Permit, CDP 08-06, to allow for the subdivision of a .42 acre single-family residential lot zoned R-1-7, 500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road, and south of Poinsettia Lane. Resolution No. 2009-048. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,742 - RHOADES MINOR COASTAL DEVELOPMENT PERMIT APPEAL. To consider denying the appeal, and upholding the Planning Commission's decision denying the appeal of the approval, by the Planning Director, of a Minor Coastal Development Permit, CDP 08-06, to allow for the subdivision of a .42 acre single-family residential lot zoned R-1-7, 500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road, and south of Poinsettia Lane. Resolution No. 2009-048. ACTION: (Approved) (Recorded at 02:07:40)
Lewis - the seller did not stipulate no splitting of the lots. I do take exception to term exceptional - (word means enhances) this takes away from intent of a large lots. Also
DEPARTMENTAL AND CITY MANAGER REPORT:
13. AB #19,743 - PRESENTATION BY SANDAG ON THE SMART PARKING PILOT STUDY. To receive a presentation from SANDAG regarding the SMART Parking pilot study that is planned to be conducted at the Carlsbad Village and Poinsettia Coaster stations. ACTION:
AB #19,743
REcessat 8:05 pm. Back at 8:10p.m.
13. AB #19,743 - PRESENTATION BY SANDAG ON THE SMART PARKING PILOT STUDY. To receive a presentation from SANDAG regarding the SMART Parking pilot study that is planned to be conducted at the Carlsbad Village and Poinsettia Coaster stations. ACTION:
Sandag Reps. Ales Estrella - Linda Novak - consulting team.
Reviewed PowerPoint Presentation at this time.
Spoke about pilot and research project. Concept - utilize modern technology. Deploy Smart Parking technology at Coaster Stations.
Project objectives - want to test technology
Research project.
Key Milestones: Phase 1 - Completed in early 2008.. Data Collection - (feasibility phase). Currently working on Phase II - pilot project launch and initial evaluation. Spring 2009. Phase 5 - Summer 2010 - Project Evaluation/Monitoring (summer 2010).
Key Phase 1 Findings. Linda Novak now speaking.
Carlsbad Village (Before New Spots) - primarily coaster riders use the lots. NCTD parking counts indicate lonterm excess parking demand. Observational data indicates demand is strong five days a week.
Carlsbad Poinsettia - parking demand for coaster highest. Alternative uses. Coaster parking sillover on Avenida Encinas. Parking restricted by environmental and land use considerations.
Key Project Effort to date: Working with NCTD staff and Board on Phase 2 Pilot Implementation: Launch planned spring 2009. Development of parking management strategies.
Working on public outreach and marketing.
Lewis - cost element - are you referring to parking meters. No said Mr. Estrella.
Packard - could you briefly outline how you want to monitor the parking. How are you going to know if they are getting on coaster, van pool or into adjacent business.
Estrella - validation is using compass card system. All coaster communters register through Smart Commuter. What about a rider who doesn't have a compass card. We have developed a - you would have ability to call to connect to smart parking system and give description of vehicle and fed to hand held unit.
Packard - user friendly? Estrella - signage at station.
Kulchin - what do I do to get a card - is it going to cost me. Samual Johnson - will offer customers a variety of ways to register. Free parking is attached to coaster ticket. Compass card to be launched in next month or so. Card will be free - coaster product will still need to be purchased. do not have adequate parking for riders of coasters.
Packard - intent of parking lots is to make coaster accessible for transit riders. Van poolers a concern at Poinsettia.
Supportive of this - it is a Pilot. However, still bugs to be worked out. Will be some wrinkles.
Hall - gave a scenerio.
The difficulty is the customer - Make it easy for first time user.
Hall - speaking of Village Station - working relationship - partnership on parking with other merchants in area. If excess parking would hope to get parking back to the south.
Not a long term solution for the Village Station.
Mike Bellock, Oceanside, came forward to address Council. Should not be afraid of charging for parking. You only should pay for what you choose to use. Provided a parking report to Council (look at this). Request that train station parking be operated for the benefits of those who ride the train. Requesting - use RFID automation for charging train riders and parking. Varied parking for blocks of parking. Has letter from RFID manufacturer. Let them be billed instead of buying ticket before hand.
Invoice riders. Don't pretend the parking is free.
Packard - you are advocating for charging for parking.
Packard - NCTD has done studies about existing costs of riders.
Gentleman - they will get the money back. People who ride the train will get the money.
Accepted the report.
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.
Policewatch.org came forward to address Council. Want to recommend a book - life living and dying. Spiritual Warfare by Jeb McKenna. Goes to hear of our society and how we love our cages. Go into prison / system to get a job. Got summons to go to jury duty. Defendants have rights to put on their own defence. Judges deny own defenses. Jury has right to have the focus on charges. Jury has right to make all decisions about facts and law.
Council reports now.
Blackburn - two reports tonight. Encina Wastewater Authority - received awards from CA environment associatioln - 1st place award for safety and plant of the year and engineering of the year.
Blackburn - went to see film "We Must Remember". Produced by Carlsbad students. Really good, well thought out film.
Packard - two committee assignments to report on. League of CA Cities. Main topic was pension reform. Now many (most) of the cities are interested in participating in the discussion. Part of the discussion was need for legislative help on correcting policies at State level. No legislatures interested in taking on the issue. If citizens would like to see something happening there, they need to speak to their legislatures. I think it would be good to start the campaign that it is an issues that needs to be addressed.
Committee - school subcommittee meeting - difficulties relating to proposed high school. Discussed needs and concerns of different agencies.
Hall - last Friday - North County Board of Realtors - politics of housing.
Kulchin - none.
Lewis - CWA meeting last week - real need for additional funding.
Meeting Adjourn @ 8:53 p.m.
Mar 10, 2009 City Council Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Closed Session Announcement - litigation. 5/0
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:02:24)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:03:29)
Minutes of the Regular Meeting held February 10, 2009.
Minutes of the Special Meeting held February 17, 2009.
Minutes of the Regular Meeting held February 17, 2009.
Minutes of the Special Meeting held February 18, 2009.
Minutes of the Special Meetings held February 24, 2009.
Minutes of the Special Meeting held March 3, 2009.
PRESENTATIONS:
Proclamation declaring March as Green Month in Carlsbad.
Council Member Hall presented a Proclamation to Ted Owen and Bev Jorgensen from the Carlsbad Chamber of Commerce in recognition of Sustainability Month (March).
Hall - Chamber Annual Awards Dinner - better environment in Community.
Hall now reading the Proclamation.
Sustainable programs in the Month of March.
Ted Owen from Chamber speaking now. Chamber led by example for Green Energy. Light bill down $500 from solar tubes installed at the Chamber.
Working towards 0 carbon footprint.
Ann Kulchin - Stater Brothers. Heather Pizzuto - $2500 - 125 books (listen to this).
Stater Bros. donation of $1000 to Carlsbad Police Department - Explorers and Cpl Gallanos - interns on pd. Donation is 1/10th of Explorers Budget.
Pizzuto - Stater Bros. Manager Chuck Henry - charities purpose is to give back to the community. Stater Bros. charities proud to support needs of the community.
Pictures of Chamber first.
Photos by Karen Maynor.
Photos by Lady now.
Stater Bros. photographs now.
Karen Maynor taking photos again.
Library photos now. Check is for Children's Books.
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.
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 00:14:34)
Item number 3 pulled by Packard.
1. AB #19,732 - ACCEPT DONATION FOR CITY LIBRARY. Accepting a donation from Stater Bros. Charities for the purchase of children's books for the Carlsbad City Library, and authorizing the appropriation of donated funds. Resolution No. 2009-040. ACTION:
AB #19,732
2. AB #19,744 - AUTHORIZE SUBMISSION OF GRANT APPLICATION. Authorizing the submission of a grant application for TransNet Environmental Mitigation Program funds through the San Diego Association of Governments for the Lake Calavera Preserve Planning Area Access Control and Habitat Restoration Project. Resolution No. 2009-049. ACTION:
AB #19,744
3. AB #19,733 - CONDITIONAL GRANT OF APPEAL OF MR. PEABODY'S PUB & GRILL. Conditionally granting the appeal to extend the hours of liquor service from 12:00 midnight to 2:00 a.m. for Mr. Peabody's Pub & Grill. Resolution No. 2009-041. ACTION:
AB #19,733
Hall - stepping down from dais at this time. Packard voted no on this item before. Packard - not sure why this idea of fairness is preminent virtue over all virtues in the City. Consider fairness in going back to bringing other alcohol establishments back to where this establishment is. Believe step in wrong decision. Persuade someone to go along with him in not approving.
Motion by Packard died without second.
Motion to approve 3. AB #19,733 - CONDITIONAL GRANT OF APPEAL OF MR. PEABODY'S PUB & GRILL. Conditionally granting the appeal to extend the hours of liquor service from 12:00 midnight to 2:00 a.m. for Mr. Peabody's Pub & Grill. Resolution No. 2009-041. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Blackburn.
Vote to approve 3. AB #19,733 - CONDITIONAL GRANT OF APPEAL OF MR. PEABODY'S PUB & GRILL. Conditionally granting the appeal to extend the hours of liquor service from 12:00 midnight to 2:00 a.m. for Mr. Peabody's Pub & Grill. Resolution No. 2009-041. ACTION: (Approved) (Recorded at 00:17:27)
4. AB #19,734 - APPROVE THREE GRANT REQUESTS FOR THE FLOWER FIELDS AT CARLSBAD RANCH. Approving three grant requests from the Carltas Company for research projects intended to ensure the long-term productivity of the Flower Fields at Carlsbad Ranch; and, authorizing the appropriation of funds. Resolution No. 2009-042. ACTION:
AB #19,734
5. AB #19,735 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of January 31, 2009. ACTION:
AB #19,735
6. AB #19,736 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the settlement agreement between the City of Encinitas and the City of Carlsbad. ACTION:
AB #19,736
7. AB #19,737 - AMEND RESOLUTION REGARDING THE POWER AND DUTIES OF THE BEACH PRESERVATION COMMITTEE. Amending Resolution No. 2003-120 to refer to Resolution No. 93-178 regarding the powers and duties of the Beach Preservation Committee. Resolution No. 2009-043. ACTION:
AB #19,737
8. AB #19,738 - TERMINATION OF DECLARATION OF LOCAL EMERGENCY. Declaring the termination of the Local Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550 Carlsbad Boulevard, Project No. 3624. Resolution No. 2009-044. ACTION:
AB #19,738
9. AB #19,739 - REJECT BIDS AND RE-ADVERTISE FOR BIDS FOR REPAIR OF PALOMAR AIRPORT ROAD BRIDGE. Rejecting all bids and authorizing the City Clerk to re-advertise for bids for the repair of the Palomar Airport Road Bridge over Carlsbad Boulevard, Project No. 4700. Resolution No. 2009-045. ACTION:
AB #19,739
10. AB #19,740 - ADVERTISE FOR BIDS. Approving the plans and specifications for the construction of the Poinsettia Community Park Phase IIB Parking Lots, and authorizing the City Clerk to advertise for bids, Project No. 4504. Resolution No. 2009-046. ACTION:
AB #19,740
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.
Walt Meier, Carlsbad, came forward to address Council. Speaking about Village H - City to purchase property for open space, dog park, or enchanted forest park or Re-zone to open space. Does not want building in front of forest - would be tragic.
Monty Howard, Director at Generation Mortgage, fortunes tied to building and construction trades. Division closed and laid off 1/3 of work force (35 people). Asking Council to give Building and Construction industry support and consideration. Need help if industry is to recover and thrive.
Mr. Mark Kaplan coming forward to address Council. El Cajon, resident. President of Aspen Insurance Agency. Specialize in insuring all facets of construction industry. Due to downturn in construction, agency has had to lay off and loss of revenue. Clients have experienced lay offs and incredible loss of reenues. 60 - 80% revenue loss and lay offs. Wanted to point out that loss of jobs - people are not able to find new jobs. Looking to local government to approve projects and get the people back to work.
Four businesses going out of businees.. A 72 year old man filing personal bankruptcy. Economy is effecting everybody. Trying to make everyone aware to get the people back to work.
Hall - are you going to make these presentations to every city. Try to said Mr. Kaplan.
Bob Cummings, work for Barrett American - corporate headquarters in Carlsbad. Down to less than 20 employees - Filed Chapter 11. Representing people who are the faces behind this industry. Are things that you can do to bring the jobs back - will bring the economy back.. Ask the face of industry to stand up and remain standing for a while. All type A - have solutions to present to the City Council. Will want list of recommendations.
Diane Nygaard - Preserve Calavera. Thursday March 13th - Special Event - listen to details. At 7p.m. Also speaking about Village H - Calavera Hills. Property is priceless to the residents of Carlsbad "Enchanted Forest" called by residents. Village H - number two priority. When you have willing sellers bring items forward. Village H - estimated at 900,000 to 1.2 million. Village H at Bargain basement price 60 acres at $560,000 now. We paid 6 times as much for the Sherman acquisition. Preserve Calavera happy to help pay for the property. Don't let opportunity to slip away. Urge staff to do an appraisal.
Other speakers at end of meeting.
Hall commented that perhaps work with business community to think of ways to work together. First conversation at workshop was about economy. Want to start dialogue with business community. CM to work on developing meeting.
PUBLIC HEARINGS:
11. AB #19,741 -LEGOLAND HOTEL CALIFORNIA. To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, to consider approval of a Specific Plan Amendment (SP 207 (H)) and a Local Coastal Program Amendment (LCPA 08-01), to add hotel and accessory uses to Planning Area 4 (Legoland), of the Carlsbad Ranch Specific Plan (SP 207 (G)), to revise the parking rate for Legoland and gyms within the Carlsbad Ranch Specific Plan, and to reflect the previous name change of Hidden Valley Road to The Crossings Drive on property located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive. Introduction of Ordinance No. CS-024. Resolution No. 2009-047. ACTION:
AB #19,741
Senior Planner Van Lynch presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Lynch - gave location of proposed project.
Specific Plan Amendment - add hotel and accessory hotel uses. Just now looking at legislative actions. Project not yet submitted.
Design critieria for hotel development.
Amendment - propose modification to parking standards. Existing 92.4 parking spaces per acre of inner park development. Proposed 80.08 parking spaces per acre of inner park development.
At buildout the proposed hotel would meet all parking demands for the park.
Legoland vehicle storage: Condition reads the storage of vehicles shall terminate if Legoland develops.
Circulation Plan - Project conditioned and approved for access via Legoland Drive with service and deliveries from the Crossing Drive.
Update street name. Revise the parking standars for Gyms from 1/35 to 1/200 per ZCA 03-03 - clean up item.
Environmental Review. Mitigated Negative Declaration - Traffic (PAR and Paseo Del Norte)
Proposed hotel project - paleo resources / geology / noise impacts. Project impacted by PAR noise. Conditionally compatible. Hotel noise to be 45 decible.
Staff and Planning Commission recommending approval.
Hall - on CUP with Car Country - will have to forfeit CUP - different way to do that rather than specific point in time. What if inner park is developed and period of time do physically need the space - trying to help Car Country. If space still available - could we revert it back.
Packard - does language of CUP state the earlier of the two events or just one of the two events.
Van - both criteria are met in CUP. Would not be automatic then said hall.
Lewis - time sequence about 10 years. Yes said Van.
Packard - one slide said Legoland Drive. (yes said Van Legoland Drive is the entry into Legoland.
Packard - would Legoland be willing to forego the name of the road to . Lewis - staff maybe to bring back road name issue.
Applicant called forward at this time:
Peter Lon Katy - As of January 1, GM of Carlsbad Legoland.
City of CArlsbad and Legoland agreed home to Legoland America.
Business has shown steady growth. As was expected, legoland has added new attractions each year. More and more business coming from two to three day stays. Legoland California attracts tourists from other parts of the country.
An extension into a Legoland hotel would work very well. Immersed in Legoland around the clock.
Acknowledge earlier economic concerns. Legoland hotel would help additional attention to Legoland Park.
Joined by Legoland HOfman Planning (listen to this and list who he is joined by).
Open PH at 6:44 p.m.
Close PH at 6:44 p.m.
Blackburn - congratulations on 10 year anniversary. Great neighbor to our community.
Packard - Echo Mr. Blackburn's comments. Hotel concept will further enhance ability of Legoland to be successful part of our community and additional entertainment for families.
Hall - echo colleagues. Legoland has always met their commitments. Also appreciate what has been done for other parts of the communities.
Kulchin - can also support Legoland.
City Attorney Ron Ball titling the Ordinance. And adoption of Resolution No. 2009-047.
Hall - sometime have diologue regarding name.
12. AB #19,742 - RHOADES MINOR COASTAL DEVELOPMENT PERMIT APPEAL. To consider denying the appeal, and upholding the Planning Commission's decision denying the appeal of the approval, by the Planning Director, of a Minor Coastal Development Permit, CDP 08-06, to allow for the subdivision of a .42 acre single-family residential lot zoned R-1-7, 500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road, and south of Poinsettia Lane. Resolution No. 2009-048. ACTION:
AB #19,742
Assistant Planner Shelley ESteybar presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Proposed minor subdivision complies with all required/allowed standards.
City has historically approved similar panhandle lots.
Project density calculation also in compliance.
Appeal to City Council: Reasons listed in PowerPOint.
Gave lot sizes of surrounding properties.
Growth Management Control Point of 3.2 du/acre
Consistent with R-1 Zone.
R-1-7500 allows (see presentation)
Staff is not aware of any injunction on private view easement. Easement was recorded. Project is not proposing building on easement.
Staff recommending adopting City Council Resolution No. 2009-048
Blackburn - please explaine Q overlay and how it applies. Shelley allows site development plan to - listen to Ms. Esteybars answer. When SDP comes forward will be considered by Planning Commission.
Packard - received a letter from former owner of property William Lin - talked about dated 3/4/2009 - stating in second paragraph city planning commission when earlier parcel was divided into four lots. Planning Commission said lots could not be split again. Are you prepared to answer.
Esteybar - original approval by staff - on 6/20/01 the CDP and - consent calendar - no further discussion regarding not allowing further subdivision. Approving documents for CDB - CC resolution - no condition restricting further subdivision.
Hall - no documentation restricting further subdivision on the parcels.
Appelant now giving presentation.
June Tao Lin - Capistrano Beech. Michael Fox, designing retirement home for parents in Carlsbad.
Does not feel that project should have been approved to begin with.
Presentation from Appelant (on file in the Office of the City Clerk).
Smaller view should have been used. Lynn Minor Subdivision.
IfLynn Minor subdivision appeared that way - would the project have been approved.
Shows image of property going north. Parcel 3 has height restriction of 10 feet.
What is exceptional about this project. Barely meets standards of criteria.
Difficult to build a home on this lot.
Footprint including garage is about 1500 feet. Should not be any improvements on view easement.
Controversial Project: Planning Commission voted 3:2 against the appeal. All thea djacent neighbors (look at presentation).
The project has storm water and drainage issues.
Density Calculations - no more than 50% of the portion of a site containing twentfive to forty percent slopes may be utilized for calculating allowable residential density.
We do not feel that the treatment of the various parties has been fair.
Sets a bad precedent. Spoke about Commissioner Montgomery.
Why is the density bonus warranted.
Quoting General Plan Objectives. Look at comments on PowerPoint presentation.
General Plan talks about integrity of design.
End of Presentation.
No questions of applicant.
Open PH at 7:18 p.m.
Candace Lynn - original owners of two acre parcel. We are not experienced. Need Council help - maybe we made a mistake by not hiring an ex city engineer to design lot.
We did propose - to sell property and then let them split the property again. Absolutely not said City staff. Sold the parcel to Rhoades. We felt let the neighbors down and intend to fight this with neighbors. Do not want small panhandle lot. Thanked Council for coming out to look.
Lewis - at the Planning Commission meeting - wasn't this even discussed - no one made any comments. No, we had asked said lady. Could not split lots again? Answer was no. This was when originally lots were split.
Rick Connor - 6575 BlackRail Road - part of Lynn Minor Subdivision. Also in opposition to proposed project. Density calculation has not been considered. Calculation is going to create a Bressi Ranch . This is not a community like Bressi Ranch. Want larger lots and bigger space. Looked at every panhandle lot in the area. Smallest in the zip code.
Original intent was to have bigger lots.
What about other neighbors in the area. Economic impact to neighbors if lot is sub-divided. original intent of subdivision shoudl be upheld.
Hall - talked to neighbors - did you talk to City or anyone at the city about the property. Prior to talking to owners. At that time a preliminary TPM was submitted but not in the computer. Also spoke to owners of the lot and the Lynn's.
Hall - what's a tpm (tentative parcel map) said guy.
Bob Wojcik, Carlsbad, HOfman Planning and Engineering. Ex city engineer being referred to. Subdivision wasn't given preferential treatment. Knowledge of city standards. I am well aware of all of the requirements. Assure Council that subdivision meets all standards, requirements and policies. Project began almost 2 years ago.
When Mr. Rhoades approached HOfman Planning. Went to counter and verified that property could be sub-divided.
Property owner made application for minor sub-division. Property owners appealed decision by Planning Staff to Planning Director - director held hearing. Then appealed to Planning Commission - once again denied the appeal. Now before Council. Additional review by staff and Council. Should be approved as conditioned. There has been discussion about yards, parking turn around. I can explain all of that to you. Staff has reviewed this over, over and over again. Ask that Council upheld findings of staff, Planning Director and Planning Commission.
Packard - did the property owner - Glenn Rhoades - did they buy property contingent on doing a lot split? Wojcik - Rhoades will answer.
Glenn Rhoades, one of two partners owning the lot (Doug Nelson ) is partner. We did explain at Planning Commission both grew up in Carlsbad. We looked around and found property. Mr. Nelson was friends with Mr. Lynn. We were told that lot we purcahsed was a good deal because it was splittable. Wasn't originally split because of infrastructure costs. Purchased in April 2004. We made decision to go ahead and pursue the split.
Along the way we have met every requirement. We have done everything asked of us. The Conners - eluded to conversation. Conners already moved into the house before they have met them. Worked with Lynns to record view easement and work with neighbors even though not required.
Respectfully asking for City Council's support in denying the appeal.
Packard - you had a conversation with the Lynn's (bought property from them). They indicated that the lot could be split. Mr. Nelson had conversation with Lynn's per Mr. Rhoades.
Lewis - there are actually three lots in the area - two panhandle lots. Under impression that these are to be large home lots said lewis. Areas to east and west were to be smaller. Mr. Lynn the seller said the property was splittable. What assisted our choice with decision was watching the other homes being built.
Packard - we have two conflicting statements about what was intended. The Lynn's told you that lots could be split. They said that there was not intent for the property to be split.
Was any realtor present to the conversation regarding the conversations.
Lewis - as long as city requirements are met and allows the lot to be split.
Kulchin - Mr. Neu - came to you for a decision - background on your decision.
We reviewed the project with compliance with City standards. Listen to this. Neu - the Coastal Permit is looking for compliance with Coastal. Both were found to comply with ordinance.
Neu - character of neighborhood - Montgomery struggled with exceptional findings.
Properties to the west (cardosa property). We do have Showed slide of land use designations.
If original subdivider could have recorded - the general plan allows the smaller lot sizes
Hall - if Mr. Lynn wanted to subdivide into five lots. Would have required a Tentative Tract Map (minor subdivision). Approving body would have been Planning Commission rather than staff. Listen to this. In terms of layout
Hall - to go to next level would have been more detail and more cost.
Hall - parking, turning movements, lot coverage and storm water? When does that get clearly reviwed?
Neu - the storm water is considered at this point. Code asks for lot to be able to turn around. Have reviewed layouts that car can turn around.
Hall - Storm Water is part of permit process.
Staff (not sure who). saying that enough detail regarding drainage that capacity is there . .. .listen to.
Mr. Nelson, - Doug - the other owner. Mr. Lynn told Mr. Nelson about the lots he was going to subdivide, he literally told me this is the lot you want because it has potential to split. Took out loans to acquire the property.
Lewis - define exceptional status. Neu - look at page 11 under item 6 - line 11 - look at abc and justifications for findings.
Project density does not allow
Packard - there seems to be some concern about the term exceptional - connotations.
Neu - applied as speakers as being something unique to the lot. What the General Plan was aimed at was - - exceptional is function of the calculation.
Look at slide showing calculations. General Plan provision allows projects designated RLM to go up to 25% above top of the density range
Close PH at 7:56 p.m.
Blackburn - however Council rules - someone is going to go home unhappy. Looked at some homes across the street. At least three homes across the street smaller or same size. After a lot of time will support the denial of the appeal.
Packard - wish I could have been a fly on the wall somewhere. I was at lot on Saturday. My perception that this was probably designed to provide for larger type homes.
I was leaning towards supporting the appeal. When the Lynns were told stated intent that the lots could not be split. Then Mr. Lynn himself said parcels could be split per Mr. Nelson.
Packard - I will vote to deny the appeal.
Hall - will also deny the appeal.
Kulchin - will also deny the appeal.
Motion to approve 12. AB #19,742 - RHOADES MINOR COASTAL DEVELOPMENT PERMIT APPEAL. To consider denying the appeal, and upholding the Planning Commission's decision denying the appeal of the approval, by the Planning Director, of a Minor Coastal Development Permit, CDP 08-06, to allow for the subdivision of a .42 acre single-family residential lot zoned R-1-7, 500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road, and south of Poinsettia Lane. Resolution No. 2009-048. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,742 - RHOADES MINOR COASTAL DEVELOPMENT PERMIT APPEAL. To consider denying the appeal, and upholding the Planning Commission's decision denying the appeal of the approval, by the Planning Director, of a Minor Coastal Development Permit, CDP 08-06, to allow for the subdivision of a .42 acre single-family residential lot zoned R-1-7, 500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road, and south of Poinsettia Lane. Resolution No. 2009-048. ACTION: (Approved) (Recorded at 02:07:40)
Lewis - the seller did not stipulate no splitting of the lots. I do take exception to term exceptional - (word means enhances) this takes away from intent of a large lots. Also
DEPARTMENTAL AND CITY MANAGER REPORT:
13. AB #19,743 - PRESENTATION BY SANDAG ON THE SMART PARKING PILOT STUDY. To receive a presentation from SANDAG regarding the SMART Parking pilot study that is planned to be conducted at the Carlsbad Village and Poinsettia Coaster stations. ACTION:
AB #19,743
REcessat 8:05 pm. Back at 8:10p.m.
13. AB #19,743 - PRESENTATION BY SANDAG ON THE SMART PARKING PILOT STUDY. To receive a presentation from SANDAG regarding the SMART Parking pilot study that is planned to be conducted at the Carlsbad Village and Poinsettia Coaster stations. ACTION:
Sandag Reps. Ales Estrella - Linda Novak - consulting team.
Reviewed PowerPoint Presentation at this time.
Spoke about pilot and research project. Concept - utilize modern technology. Deploy Smart Parking technology at Coaster Stations.
Project objectives - want to test technology
Research project.
Key Milestones: Phase 1 - Completed in early 2008.. Data Collection - (feasibility phase). Currently working on Phase II - pilot project launch and initial evaluation. Spring 2009. Phase 5 - Summer 2010 - Project Evaluation/Monitoring (summer 2010).
Key Phase 1 Findings. Linda Novak now speaking.
Carlsbad Village (Before New Spots) - primarily coaster riders use the lots. NCTD parking counts indicate lonterm excess parking demand. Observational data indicates demand is strong five days a week.
Carlsbad Poinsettia - parking demand for coaster highest. Alternative uses. Coaster parking sillover on Avenida Encinas. Parking restricted by environmental and land use considerations.
Key Project Effort to date: Working with NCTD staff and Board on Phase 2 Pilot Implementation: Launch planned spring 2009. Development of parking management strategies.
Working on public outreach and marketing.
Lewis - cost element - are you referring to parking meters. No said Mr. Estrella.
Packard - could you briefly outline how you want to monitor the parking. How are you going to know if they are getting on coaster, van pool or into adjacent business.
Estrella - validation is using compass card system. All coaster communters register through Smart Commuter. What about a rider who doesn't have a compass card. We have developed a - you would have ability to call to connect to smart parking system and give description of vehicle and fed to hand held unit.
Packard - user friendly? Estrella - signage at station.
Kulchin - what do I do to get a card - is it going to cost me. Samual Johnson - will offer customers a variety of ways to register. Free parking is attached to coaster ticket. Compass card to be launched in next month or so. Card will be free - coaster product will still need to be purchased. do not have adequate parking for riders of coasters.
Packard - intent of parking lots is to make coaster accessible for transit riders. Van poolers a concern at Poinsettia.
Supportive of this - it is a Pilot. However, still bugs to be worked out. Will be some wrinkles.
Hall - gave a scenerio.
The difficulty is the customer - Make it easy for first time user.
Hall - speaking of Village Station - working relationship - partnership on parking with other merchants in area. If excess parking would hope to get parking back to the south.
Not a long term solution for the Village Station.
Mike Bellock, Oceanside, came forward to address Council. Should not be afraid of charging for parking. You only should pay for what you choose to use. Provided a parking report to Council (look at this). Request that train station parking be operated for the benefits of those who ride the train. Requesting - use RFID automation for charging train riders and parking. Varied parking for blocks of parking. Has letter from RFID manufacturer. Let them be billed instead of buying ticket before hand.
Invoice riders. Don't pretend the parking is free.
Packard - you are advocating for charging for parking.
Packard - NCTD has done studies about existing costs of riders.
Gentleman - they will get the money back. People who ride the train will get the money.
Accepted the report.
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.
Policewatch.org came forward to address Council. Want to recommend a book - life living and dying. Spiritual Warfare by Jeb McKenna. Goes to hear of our society and how we love our cages. Go into prison / system to get a job. Got summons to go to jury duty. Defendants have rights to put on their own defence. Judges deny own defenses. Jury has right to have the focus on charges. Jury has right to make all decisions about facts and law.
Council reports now.
Blackburn - two reports tonight. Encina Wastewater Authority - received awards from CA environment associatioln - 1st place award for safety and plant of the year and engineering of the year.
Blackburn - went to see film "We Must Remember". Produced by Carlsbad students. Really good, well thought out film.
Packard - two committee assignments to report on. League of CA Cities. Main topic was pension reform. Now many (most) of the cities are interested in participating in the discussion. Part of the discussion was need for legislative help on correcting policies at State level. No legislatures interested in taking on the issue. If citizens would like to see something happening there, they need to speak to their legislatures. I think it would be good to start the campaign that it is an issues that needs to be addressed.
Committee - school subcommittee meeting - difficulties relating to proposed high school. Discussed needs and concerns of different agencies.
Hall - last Friday - North County Board of Realtors - politics of housing.
Kulchin - none.
Lewis - CWA meeting last week - real need for additional funding.
Meeting Adjourn @ 8:53 p.m.
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