Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:02:26)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:03:06)
Mayor Lewis stated that item no. 7 was being moved to the aend of the agenda - Council concurred.
Minutes of the Special Meeting held July 21, 2009.
Minutes of the Joint Special Meeting held July 21, 2009.
Minutes of the Regular Meeting held July 21, 2009.
Minutes of the Special Meeting held July 28, 2009.
Minutes of the Joint Special Meeting held July 28, 2009
Minutes of the Regular Meeting held July 28, 2009.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,929 - NOTICE OF COMPLETION. Accepting the construction of the 2007 Pavement Overlay as complete, and directing the City Clerk to record a Notice of Completion, Project 3667-15. Resolution No. 2009-208. ACTION:
AB#19929
2. AB #19,930 - ACCEPTANCE OF GRANT. Accepting a grant from the San Diego Police Foundation for Community Emergency Response Team (CERT) equipment and supplies to enhance disaster preparedness; and authorizing the appropriation of funds. Resolution No. 2009-209. ACTION:
Motion to approve 2. AB #19,930 - ACCEPTANCE OF GRANT. Accepting a grant from the San Diego Police Foundation for Community Emergency Response Team (CERT) equipment and supplies to enhance disaster preparedness; and authorizing the appropriation of funds. Resolution No. 2009-209. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 2. AB #19,930 - ACCEPTANCE OF GRANT. Accepting a grant from the San Diego Police Foundation for Community Emergency Response Team (CERT) equipment and supplies to enhance disaster preparedness; and authorizing the appropriation of funds. Resolution No. 2009-209. ACTION: (Approved) (Recorded at 00:05:17)
AB#19930
3. AB #19,931 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES AND REQUEST FOR FINDING OF PREVAILING WAGES FOR SEWER MAIN SERVICES. To consider amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts, and by amending Section 3.28.130 regarding Prevailing Wages; and, to consider that in accordance with Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the sewer main cleaning contract. Introduction of Ordinance No. CS-046. Introduction of Ordinance No. CS-047. Resolution No. 2009-210. ACTION:
City Attorney Ron Ball introduced the Ordinances and provided a brief explanation about the Ordinances.
Mr. Ball detailed what the Design Build Ordinance dealt with and how it will work for the City. Mr. Ball stated that the Design Build Ordinance could be enacted because Carlsbad was a charter city. Could not be enacted as a general law city. Mr. Ball also stated that the Ordinance could be adjusted as needed along the way.
Mr. Ball explained the prevailing wages ordinance that this was an amendment to the Code. He made a change to page 13 on line 14 of the Ordinance to include the phrase "unless ordered by the City Council."
He said that his only applied to local jobs. It cannot be applied to those projects funded by federal or state monies or special grants with specific details.
He also explained the finding to the sewer maintenace contract.
MP said the language on the reso did not address the scope of work and asked if the scope of work was outside the resolution and decided in a staff discussion or was it intended to part of the reso.
LH - not intended to be part of the reso. If the scope of work exceed the cm's limit the project would be brought back to COuncil for approval.
City Attorney Ron Ball titled the Ordinances.
Motion to approve 3. AB #19,931 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES AND REQUEST FOR FINDING OF PREVAILING WAGES FOR SEWER MAIN SERVICES. To consider amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts, and by amending Section 3.28.130 regarding Prevailing Wages; and, to consider that in accordance with Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the sewer main cleaning contract. Introduction of Ordinance No. CS-046. Introduction of Ordinance No. CS-047. Resolution No. 2009-210. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 3. AB #19,931 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES AND REQUEST FOR FINDING OF PREVAILING WAGES FOR SEWER MAIN SERVICES. To consider amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts, and by amending Section 3.28.130 regarding Prevailing Wages; and, to consider that in accordance with Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the sewer main cleaning contract. Introduction of Ordinance No. CS-046. Introduction of Ordinance No. CS-047. Resolution No. 2009-210. ACTION: (Approved) (Recorded at 00:12:43)
AB#19931
4. AB #19,932 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. To consider amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, to declare no parking on Paseo Descanso from Carrillo Way to Paseo Cerro from 2:00 a.m. to 5:00 p.m., seven days a week. Introduction of Ordinance No. CS-048. ACTION:
CARB introduced this Ordinance and titled the Ordinance.
Motion to approve 4. AB #19,932 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. To consider amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, to declare no parking on Paseo Descanso from Carrillo Way to Paseo Cerro from 2:00 a.m. to 5:00 p.m., seven days a week. Introduction of Ordinance No. CS-048. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 4. AB #19,932 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. To consider amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, to declare no parking on Paseo Descanso from Carrillo Way to Paseo Cerro from 2:00 a.m. to 5:00 p.m., seven days a week. Introduction of Ordinance No. CS-048. ACTION: (Approved) (Recorded at 00:13:58)
AB#19932
5. AB #19,933 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. Introduction of Ordinance No. CS-049. ACTION:
CARB introduced this Ordinance.
He explained there is a sight problem at this intersection and a stop sigh would correct this issue.
Mr. Ball titled the Ordinance.
Motion to approve 5. AB #19,933 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. Introduction of Ordinance No. CS-049. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 5. AB #19,933 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. Introduction of Ordinance No. CS-049. ACTION: (Approved) (Recorded at 00:15:03)
AB#19933
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.
PUBLIC HEARINGS:
6. AB #19,934 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION AND ADOPTION OF A NONCONFORMING CONSTRUCTION PERMIT APPLICATION FEE. To consider adopting a Negative Declaration, approving a Zone Code Amendment, ZCA 09-01, and Local Coastal Program Amendment, LCPA 09-01 to: 1) repeal and replace the Nonconforming Building and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete Section 21.46.210, 4) amend Chapter 21.44 - Parking to revise Section 21.44.010, and 5) amend Chapter 21.45 to revise Section 21.45.090A; and, adopting a Nonconforming Construction Permit application fee. Introduction of Ordinance No. CS-050. Resolution No. 2009-211. Resolution No. 2009-212. ACTION:
Principal Planner Chris DeCerbo and Associate Planner Barbara Kennedy gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
This ordinance deals with non abated buildings such as hotels that are in disrepair and in need of improvement.
The request to review and readdress this ordinance was given in 2008.
The original thought was to apply this ordinance to the Barrio area, however, it will be applied citywide.
Abatement code would be more focused on illegal buildings.
Would encourage property owners to improve, repair older deteriorating buildings.
The proposed revisions were made available to various entities and leaders in the Carlsbad community.
New application fee is for an administrative permit for an application to replace or do expansions to nonconforming residential or non residential structures. Residential is less compatibility issue that a commercial structure.
Mr. DeCerbo explained the errata sheet provided to Council right before the meeting.
ML - in the barrio area some of te oldest structures if a person lives ona 6000 sq. ft lot and wishes to add a bathroom or building can it be done thorugh this ordinance.
Mr. DeCerbo replied yes.
ML opened the duly noticed public hearing at 6:24 pm.
Seeing no one wishing to speak ML closed the Public Hearing.
City Attorney Ron Ball titled the Ordinance and referenced the Errata Sheet.
Motion to approve 6. AB #19,934 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION AND ADOPTION OF A NONCONFORMING CONSTRUCTION PERMIT APPLICATION FEE. To consider adopting a Negative Declaration, approving a Zone Code Amendment, ZCA 09-01, and Local Coastal Program Amendment, LCPA 09-01 to: 1) repeal and replace the Nonconforming Building and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete Section 21.46.210, 4) amend Chapter 21.44 - Parking to revise Section 21.44.010, and 5) amend Chapter 21.45 to revise Section 21.45.090A; and, adopting a Nonconforming Construction Permit application fee. Introduction of Ordinance No. CS-050. Resolution No. 2009-211. Resolution No. 2009-212. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 6. AB #19,934 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION AND ADOPTION OF A NONCONFORMING CONSTRUCTION PERMIT APPLICATION FEE. To consider adopting a Negative Declaration, approving a Zone Code Amendment, ZCA 09-01, and Local Coastal Program Amendment, LCPA 09-01 to: 1) repeal and replace the Nonconforming Building and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete Section 21.46.210, 4) amend Chapter 21.44 - Parking to revise Section 21.44.010, and 5) amend Chapter 21.45 to revise Section 21.45.090A; and, adopting a Nonconforming Construction Permit application fee. Introduction of Ordinance No. CS-050. Resolution No. 2009-211. Resolution No. 2009-212. ACTION: (Approved) (Recorded at 00:27:46)
AB19934
Adjourn at 6:25
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
Motion to approve ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT (Approved) (Recorded at 00:28:34)
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT
SPECIAL MEETING
AGENDA
AUGUST 11, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held July 28, 2009.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:28:47)
WAIVER OF ORDINANCE TEXT READING
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
8. AB #692 - ADVERTISE FOR BIDS. Approving the plans and specifications for the construction of the Terramar Pressure Reducing Station Replacement, removing the existing Terramar Pressure Reducing Station; and, authorizing the Secretary to advertise for bids, Project No. 5020. Resolution No. 1368. ACTION:
AB#692
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
9. AB #693 - APPROVE WATER RATES FOR AGRICULTURE AND RECYCLED CUSTOMER CLASSES. To consider approving the water rates for agriculture and recycled customer classes. Resolution No. 1369. ACTION:
Deputy Public Works Director Mark Stone, Senior Accountant Helga Stover and Mark Grantham, Consultant gave the staff report and Power Point Presentation (on file in the Office of the City Clerk).
Ms. Stover provided a history on the agriculture and recycled water rate decision.
She explained briefly about the peak water usage and off-peak water usage times.
Ms. Stover provided options for the Board to consider regarding the agricultural rate.
Option no. 1 alternative provided for a voluntary peak reduction period.
She explained that the revenue would be reduced by $200,000 per year if the lower unit were approved.
She also informed the Board that the original rate that was discussed at the June 23, 2009 meeting could also be approved and implemented.
Ms. Stover provided a table for the Board reflecting the current rate, the noticed rate and the proposed rate.
KB - customers using water during non peak time - how monitored
MS replied the ag customers are on the amr program and cam be supplied with adequate info.
MP what kind of window will be given to ag customers to respond and readjust their watering.
MS - three-six month period would be an adequate time to adjust watering patterns.
MP - as usages has increased are there other project being design and on the books to further cause an increase (GET THIS
MS - rate will go down, they may stay flat or stable as we ad more customers to that rate.
Peter McKauf representing the Carlsbad Strawberry Company, came forward to address the Board.
Mr. McKauf stated the $2.64 makes the strawberry business a marginally viable venture. A couple of things are missing, fairness and equity.
Fairness addresses survival, quantities. Growers need a survival rate. Don't want to make very acre planted unprofitable. Create a system that allows some thing to be profitable. Equity addresses the sacrifices the growers need to make. Water usage is already 40% less than it was two years ago and they intend to cut back usage another 5%. Sacrifice needs to be recognized in the pricing structure in the conservation rate. Deserve a conservation rate in order to allow them to survive.
Tying water usage into non residential rates in unfair to tie it into businesses likes Callaway. 10% of production costs is for water usage.
Mr. McKauf does not support new proposed pricing. Ask staff to go back and rework for a conservation rate. Consider a ag/tourism area for this area between I-5 an PAR..
ML - confirmed that pricins was too high.
MH clarified that strawberries would continued to be grown.
MP asked for clarification.
Mr. McKauf, the fairness is that in thetirerd pricin stucture adopted for residences household survival rate in the 1st tier. ag needs the same kind of survival tier rate that allows to plant an acre to make a profit. formulate a strategy/plan that addresses the issue longer-term.
Chris Cauklins representing the Flower Fields came forward to address Council.
He said he sent a letter to the Board supporting the rate. The problem said the agency is going to come back and ask for adjustment dependent on water usage.
ML asked for clarification.
CC said primary water usage is during off-peak times. Begins in october. Does not like being considered with users who use water year-round. Problem said no real consideration given to agriculture. No rate provided that reflects usage.
CC letter said set up mechanism to review the situation. Legal obligation to do this. current policies go against. suggest the creation of a committee on sustainable agriculture. Look at long term sustainability. Do study before rates are increased next year.
CC - the proposed rate is better but do not know how it is going to do. support rate, again establish committee. asking to consider a direct subsidy to counter one year subsidy of about $20,000.
MP - did make subsidy request to ag mitigation committee.
CC - ag committee does not provide for operation costs.
KB - is there a mechanism to review which ag users are not abiding of the off-peak hours. Can the rates be raised to the violaters.
HS - this was not contemplated - chose to look at the group as a whole.
RB - need a new study to support a different approach. There is legislation to allow an inclining block structure. This is how we deal with violaters in the water conservation ordinance.
MP - staff response to the survival rate,.
HS - not reviewed previously. Difficult to implement. Was not considered. Not something to be implemented in a timely manner and would require alot of resources.
MH - staff to respond to the committee.
MS - no to the committee. Experts on staff. Hired experts to do this, understand difficulties. Committee would probably look at only on aspect of rates. Board would want to take a look at all aspects. Spread across all classes.
MH - flower fields and viability of it knowing that water is a big component of this.
LH - water rates set look at all the clasess and water rate payers. If Board is interested in ag class as something special, staff could do this if the Board is interested.
Ml - addressed when this requirement of the flower fields was established. a subsidy has to be looked at. the public really pushed for and it was promised by the . Agree with the CM and review how it can be subsidized.
AK - reference letter - asked the discrepancy of $14,000 to $20,000.
HS - would have to review Flower Field water usage.
Motion to approve 9. AB #693 - APPROVE WATER RATES FOR AGRICULTURE AND RECYCLED CUSTOMER CLASSES. To consider approving the water rates for agriculture and recycled customer classes. Resolution No. 1369. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to approve 9. AB #693 - APPROVE WATER RATES FOR AGRICULTURE AND RECYCLED CUSTOMER CLASSES. To consider approving the water rates for agriculture and recycled customer classes. Resolution No. 1369. ACTION: (Approved) (Recorded at 00:58:20)
ML - adopt resolutionand asked staff to review and work on providing a subsidy to assist. Minute motion - all approved
AB#693
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
SPECIAL MEETING
AGENDA
AUGUST 11, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
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 00:59:36)
Minutes of the Regular Meeting held July 21, 2009.
Minutes of the Joint Special Meeting held July 28, 2009.
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.
10. AB #418 - APPROVE FINANCIAL ASSISTANCE FOR THE TAVARUA SENIOR AFFORDABLE HOUSING DEVELOPMENT. Approving financial assistance to the partnership of Western Community Housing and Meta Housing for the construction of fifty affordable senior-restricted apartment units at 3574 Harding Street; and, authorizing the appropriation of funds to construct the project, Site Development Plan, SDP 06-12. Resolution No. 475. ACTION:
Motion to approve 10. AB #418 - APPROVE FINANCIAL ASSISTANCE FOR THE TAVARUA SENIOR AFFORDABLE HOUSING DEVELOPMENT. Approving financial assistance to the partnership of Western Community Housing and Meta Housing for the construction of fifty affordable senior-restricted apartment units at 3574 Harding Street; and, authorizing the appropriation of funds to construct the project, Site Development Plan, SDP 06-12. Resolution No. 475. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 10. AB #418 - APPROVE FINANCIAL ASSISTANCE FOR THE TAVARUA SENIOR AFFORDABLE HOUSING DEVELOPMENT. Approving financial assistance to the partnership of Western Community Housing and Meta Housing for the construction of fifty affordable senior-restricted apartment units at 3574 Harding Street; and, authorizing the appropriation of funds to construct the project, Site Development Plan, SDP 06-12. Resolution No. 475. ACTION: (Approved) (Recorded at 01:00:00)
AB#418
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS
Continued from the Council Meeting held August 4, 2009.
11. AB #19,928 - ARTSPLASH 2009 SPECIAL EVENT GRANT REQUEST. To consider authorizing a Special Event Grant for the ArtSplash 2009 Event; and appropriating funds. Resolution No. 2009-207. ACTION:
LH explained that the presentation was done at the previous meeting.
MP - include the City Attorney's clarification/comments.
RB - referencing the memo of 8/6/09
Motion to approve 11. AB #19,928 - ARTSPLASH 2009 SPECIAL EVENT GRANT REQUEST. To consider authorizing a Special Event Grant for the ArtSplash 2009 Event; and appropriating funds. Resolution No. 2009-207. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,928 - ARTSPLASH 2009 SPECIAL EVENT GRANT REQUEST. To consider authorizing a Special Event Grant for the ArtSplash 2009 Event; and appropriating funds. Resolution No. 2009-207. ACTION: (Approved) (Recorded at 01:01:29)
AB#19928
Continued from the Council Meeting held August 4, 2009.
12. AB #19,925 - CARRILLO RANCH BARN/THEATER PROJECT. To consider options for the construction schedule for the Carrillo Ranch Barn/Theater project. Resolution No. 2009-203.
LH explained that the presentation was provided at the August 4, 2009 meeting.
KB clarified that no other projects would suffer if this item was moved to the top of the list
MS - replied that this was true.
ML - asked for clarification that this project would not exceed $13,000.
Motion to approve 12. AB #19,925 - CARRILLO RANCH BARN/THEATER PROJECT. To consider options for the construction schedule for the Carrillo Ranch Barn/Theater project. Resolution No. 2009-203. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,925 - CARRILLO RANCH BARN/THEATER PROJECT. To consider options for the construction schedule for the Carrillo Ranch Barn/Theater project. Resolution No. 2009-203. (Approved) (Recorded at 01:03:06)
Resume - 7:08
AB#19925
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.
Meeting Paused
Meeting Resumed
7. AB #19,935 - LA COSTA TOWN SQUARE. To consider certifying an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, a Condominium Permit, a Non-Residential Planned Development Permit, a Hillside Development Permit, a Site Development Plan, a Variance, and eight Conditional Use Permits, for the development of an 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/ CP 01-03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/ CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07. Introduction of Ordinance No. CS-051. Resolution No. 2009-213. ACTION:
AB#19935A
AB#19935_
Senior Planner Van Lynch and Senior Engineer Glen Van Peski gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk0>
Three tract maps proposed. Van described which tract map was which.
Project to be developed through the habitat management conservation plan.
Project within the Villages of La Costa Habitat Managemetnt Conservation Plan unknown species type.
Mr. Lynch reviewed the EIR impacts.
Eratta sheet further clarifies an additional study to determine about the grading that could remove a site from potential grading.
Eratta sheet re minor change to La Costa Master plan more of a grammetical correction. Mitigation measure for the Mahr resevoir. Include the eratta shet changes in the minutes.
MH - residential site discloes that met with several residents of the area and the developer. Could staff clarify low income residential housing.
Van - purpose of high density residential - build about 20 units per acre by state attached a density of 20 units per acre for affordable purposes. Each development in Carlsbad has a 15% residential affordable requirement. Residential high density site would be required to provide 15% of housing at an affordable rate (get this)
MH asked about the zoning re
M - asked what product type of west la costa ave /RSF
Van Lynch - detached residential project
MH - look at also make this site RMH
VAN - no.
KB. - asked for figures of number of units for acres
van 3.2 units per acre. RMH -11.5 units per acre. RH - 19 units per acre. control points and also include ranges.
KB - asked about units to immediate west of RSF - RMH
VAN - yess
KB units to the north
VAN - RLM - somewhere between 2.4 units per acre.
ML existing zoning for area just discussed - RLM before this is approved
VAN - mostly residential single family RM1
Council did received letters from Mullen, Delano, received a number of persons opposed to project, persons that support, long list of phone conversations that oppose the project, a few that were in support.
Pat O'Day representing the project which has been in the pipeline for 9 years. John Conner Sheppard Mullen, Bob Lawig, Bob Wilkinson, Sam Cab, urban systems, Tim Carroll with O'day consultants. (Missing one)
Site was part of the La Costa master Plan, always intent of site to be developed as a commercial project. consistent with city goals and the various plans of the city. developer is not asking for any variation or deviation of city's design standards. in the 1980s there was a proposal to develop the property with a strip mall.
Mr. O'Day described the project. Discussed the amount of traffic fees to the city.
Mr. O'Day provided a list of proposed tenants of the commercial development. Grocery store to be included in the development is Vons. Tuscan landscape and architecure throughout.
Mr. O'Day described the number of jobs that will be available to the community and said approximately $1million in sales tax revenue is estimated to go to the City.
Mr. O'Day played a dvd portraying a virtual conception of the commercial property.l
KB asked for a detail on the sychronized traffic signals in the project.
Mr. O'Day explained the process (get this). Said La Costa Avnue has always been an issue for the City because it cannot be widened. Coordinate and connect andcommunicate with all the signals.
MH asked if the Levante signal was also going to be coordinated.
Mr. O'day replied that yes it was.
KB asked who was paying for this.
PO replied the project pay for.
Mrfs. Tworoger owner of the property came forward to address Council. Stated she appreciated the consideration of the project.
Ak opened the duly noticed PH at 7:55 p.m.
Pat Bleha representing North County Advocates came forward to address Council. One persons dream should not outweigh those who live next to the development. Spoke against the big box shopping center that would be walked to. concerned about traffic from people not from the area. concerned about traffic on la costa avenue. addressed two meetings held at Stagecoach. how to unwind in the shopping center with all the smog, noise. fells it is a fairytale.
Walt Meher, of Carlsbad came forward to address Council. Mr. Meher spoke in opposition of the project. Does not believe that $1million tax revenue to the city would occur.
Alan Reece, of Carlsbad came forward to address Council. Mr. Reece spoke in opposition of the project. (Mr. Reece showed two photos.) He said that he asked about the designation of the property several years ago. Does not feel that high density residential should be approved. Feels the Planning Department sees an opportunity for more affordable housing. Will not keep the consistency of the neighborhood. Is concerned about the proposed condominium complex. Addressed the high density that he feels that it will violate the spirit of the La Costa Master Plan. Is concerned about traffic congestion. More monies will be brought into the city than condominium because of upgrades on single family properties. a high density affordable complex is not suited for this parcel of land. asked to change designation to rlm.
MP asked how many units on graphic no 2 -Mr. reece responded 23.
Dave Calder of Carlsbad came forward to address Carlsbad. Moved based on the premise that the property would be developed as planned. Asked why there were issues with traffic. Concerned about a "big box" being placed in an area that does not fit. Would like to see single family residences. Do no need additional shopping centers. Does not understand the changes to developing the property.
Flyfe Gibson came forward to address Council. Mr. Gibson spoke in opposition to the project. Is concerned about not being able to widen La Costa Avenue. Concerned about additional traffic, lighting and pavement. Does not believe that people will be pedestrian to the shopping center. Said one gas station should be more than enough. Concerned about additional office space and vacancies. Also addresses water issue concerns. Move the apartment buildings and build single family homes.
Bruce Erhlers, of North County Advocates came forward to address Council. Mr. Erhlers gave the Council a presentation (on file in the Office of the City Clerk) that outlined his objections to the project. Very concerned about the "big box" proposal.
Marlene Beard from Escondido came forward to address Council. Spoke in opposition of the project. Addresses traffic on La Costa Avenue, air quality, noise impact from blasting, hillside development regulations, lack of water issues (recycled).
Paul Marangos of Carlsbad came forward to address Council. Mr. Marangos gave Council a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Marangos spoke in opposition of the project. He addressed big box stores and provided examples of current vacant stores. Concerned about pedestrian aspect with the project. Liked the West Village Plaza as an example of a project he could approve. Against the project no developing the area.
Liz Cridinier from Carlsbad came forward to address Council. Ms. Cridinier spoke in opposition to the project. Concerned about traffic, too many stores, boxes big and little, homes, offices. Addressed the architecture - not Italy, nothing but concrete a nice, planned neighborhood shopping center.
Mike Uborn of Carlsbad came forward to address Council. Mr. Uborn stated he was in support of the project. Couple of suggestions, concerned about two gas stations in the project, understood the concern about the property west because of the high density.
Kathy Dawson of Carlsbad came forward to address Council. Spoke in support of the project. Work with the developer to acquire the type of stores, restaurants, etc. to ensure that it is what the neighborhood would like.
Mike Welch of Carlsbad came forward to address Council. Spoke in opposition to the project. Concerned about extra gas stations, another place to shop. Concerned about water issues, density of traffic along Carlsbad Blvd.
Andy Lee of Carlsbad owner of the La Costa Breeze publication of Carlsbad came forward to address Council. Mr. Lee spoke in support of the project. Addressed the concern about the Walmart big box store and that residents stick to the truth. Spoke about the history of how long the project has been part of the Villages of La Costa Master Plan.
David Harrison of Carlsbad came forward to address Council. He spoke in opposition of the project. He is concerned about the high density housing issue.
Valerie Rubins of Carlsbad came forward to address Council. She said she objects to a big box store and is concerned to the high density zoning. Would prefer to see single family dwellings instead.
ML nw quadrant stated those densities will not exceed what is in the GMP. Every area will have low cost housing. Area 11 has the largest area for low cost housing.
Russell Kurtz came forward to address Council. Spoke in opposition for the low density housing. Would like to see single family housing and move the high density housing east. Concerned about water issues.
MH - asked how big it was.
Mr. Kurtz said is was about 75 hundres square feet.
Don Burton came forward to address Council. Concerned about the high density housing - more prudent to place it next to commercial development. Would like to see single family housing. Not opposed to development, object size and scope.
John Burleson came forward to address Council. Objects to size and scope, high density housing, big box store, concerned about traffic, and number of signals.
Tom Christ came forward to address Council. Spoke in opposition to the project. Concerned about water issues, traffic, acquefers, blasting.
May Marangos came forward to address Council. Spoke in opposition to the project. Does not like the size and scope. Is concerned about traffic and its proximity to La Costa Canyon High School.
Barbara Tice came forward to address Council. Ms. Tice spoke in opposition to the project. She clarified that the flyers distributed to the residents stated a walmart "could be" placed in this project - not "would be".
Patrick Gravit came forward to address Council. Mr. Gravit spoke in opposition to the project. Concerned about the placement of a big box store, affordable housing, dangerous to walk across Rancho Santa Fe Road, traffic
Ron Dechter came forward to address Council. Spoke in opposition to the project. Concerned about water issues, lack of solar lighting, and traffic. Stated traffic study was conducted in July. Must reject traffic study because it did not take into account two schools in this area.
Nancy Curry came forward to address Council. Spoke in opposition of the project. Addressed the energy issue - lack of solar panels would like Council to have Planning Dept. draft regulations to include solar technology in all new development and have developer of this project include solar energy.
Sherry Chestnut came forward to address Council. Spoke in support of the project.
Jerry Harmon came forward to address Carlsbad representing Trip. Two issues one that if a big box is approved, that this qualifies as a regional transportation project and would like to see the Council develop a nexis study to determine the true costs of the traffic impacts to the City. Encouraged the city to develop new policy to address this issue. Would also encourage Carlsbad to challenge the state on concept that cities are required to provide a certain amount of low-cost housing.
Dolores Welty came forward to address Carlsbad. She spoke in opposition to the project. Much more difficult to keep agriculture when the city continues to pass out water to new development. Addressed the energy issue, to require all new construction to be green with solar or whatever.
Joe Crillie came forward to address Council. He spoke in opposition to the project. Concerned about proximity to other shopping areas and the benefit that was explained that it proposed.
Frances Rigolutz came forward to address Council. Spoke in opposition to the project. Concerned about the proximity of fence surrounding her neighborhood to the proposed property. Does not feel this issue is mitigated and is asking for Council to address this issue.
Jim Miller came forward to address Council. Mr. Miller spoke in opposition to the project because of the increase in traffic. would like to see something local that satisfies the need of those living there.
Sheila Cameron of Encinitas came forward to address Council. She spoke in opposition of the project. Asked Council to make the project smaller. Is concerned about water issues, traffic, traffic counts include existing traffic, cumulate counts, ponto project traffic counts considered in the analysis, reduce multi-family housing, commercial. Restrict those plants that require water. Purchase this property as open space.
Fred Sandquist came forward to address Council. Mr. Sandquist survey conducted by Envision Carlsbad said that response is community should be able to walk around in. Spoke in opposition to the project. Feels the project is too large. Encouraged Council to deny certifying the EIR.
Bonnie Diamond came forward to address Council. Ms. Diamond spoke in support of the project. Would not like a walmart or something similar to this type of store. Also, does not see the need for two gas stations. Would like to see the high density removed.
Kurt Bevaqua came forward to address Council. Spoke in support of the project. Concerned about the "big box" store.
Richard Palanco came forward to address Council. Spoke in opposition to the project. Concerned about the public safety challenges, big box stores and the environment.
Rocco Palanco came forward to address Council. Concerned about gangs, spoke in opposition to the project.
Diane Nygaard representing Preserve Carlsbad came forward to address Council. Concerned about the big box, clean water and air concerned that 300 acres of open space be protected here. She said that overriding issues are being used to address the air quality that will cause people to become ill. She suggested reducing the size and scope of the project.
Jim Messera came forward to address Council. Mr. Messera spoke in opposition to the project. Modify the size and scope of the project, Concerned about the scope of the traffic study and the time of the year it was conducted. Said that previously the site now scheduled for high density-low income housing was supposed to be two story medical buildings.Switch high density with the other side to single family housing.
Eleanor Arkins came forward to address Council. Ms. Arkins spoke in favor of the project. asked if the project is slated to be built in phases.
Pheng Tan came forward to address Council. Spoke in support of the project. Would like to see the residential buildings set back from Rancho Santa Fe Road to keep the value of the homes consistent.
Howard Krause came forward to address Council. Mr. Krause spoke in opposition to the project. Is concerned about drive thru restaurants and their impact on traffic. Likes the idea of a project that is walkable or bikeable. Would like to see an overpass of Rancho Santa Fe Road for bikes or walking. Would like to see open space preserved and see trails connecting to other open spaces.
ML closed the public hearing at 9:47 p.m.
Ml - drive thrus
Van drive thrus are drugstore or financial. City prohibits food drive thrus.
ML - phasing - i
Van - it is a phased plan
Pat O'day - it could be phased. the economic atmosphere won't be here in 2-3 years and buld buildings on commercial site it will take two years at the earliest.
AK - traffic survey - done in July concerns
GVP - traffic monitoring in July every year, traffic counts in GMP conducted in summer - overall traffic counts are higher because students are not in schools, etc.
AK - delivery truck concerns
GVP - planning can place limits on hours of operation
VAN - no hours of limit,
AK - haven't placed time limits on other projects.
Van - can put time limits on the project for delivery
KB - recalimed water available.
GVP - water served by Olivenhain Water District
KB - is it planned to be reclaimed water
GVP - it is planned for construction activities and areas where there is no public contact.
ML - Olivenhain has discretion over potable water
GVP - in stage t2 - not issuing water meters unless a fee with an equal dwelling unit of 4500 to mitigate issuing the water meter.
MH - asked if lower the density unit
CA BAll stated he would like more time to determine this proposal. Council can decide to reduce or make a change to the recommendation. If the council has choosen to have lower impact covered in the EIR, it is okay. If a change is made that was not covered in the EIR, additional documentation will be required.
ML - if city goes with existing zoning,
RB - is stay with the existing plan no change is required.
This project proposes a change to the existing GP. Is this an alternative discussed in the EIr.
MP - west side of RSF - a zone to the north and to the west - RMH and RLM - two different zones bordering this property.
ML - existing zones apply to the same properties all the way around.
get the discussion regardin tghe existing and changing zone changes.
KB - triangle peice to the west of RSF - proposed to change to high density coucnil does not want it to be high density but something elese can vote separate on that one piece.
RB - satated ys.
KB - does entire project have to be turned down,
RB - approve the roejct and deny that protion of the change and not to make a GP amendment of the triangle portion. Need to review the impacts that will not or will occur if addressed in the EIR.
MP staff information on the different traffic counts with a regional store vs a community store.
VAN - land use designation of this project is that it is a local and this is not a regional destination or regional shopping center.
GVP - rate does depend on the classification of the center and described the rates.
Meeting adj - 10:04
Aug 11, 2009 City Council, Carlsbad Municipal Water District Board and Housing and Redevelopment Commission 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 00:02:26)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:03:06)
Mayor Lewis stated that item no. 7 was being moved to the aend of the agenda - Council concurred.
Minutes of the Special Meeting held July 21, 2009.
Minutes of the Joint Special Meeting held July 21, 2009.
Minutes of the Regular Meeting held July 21, 2009.
Minutes of the Special Meeting held July 28, 2009.
Minutes of the Joint Special Meeting held July 28, 2009
Minutes of the Regular Meeting held July 28, 2009.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,929 - NOTICE OF COMPLETION. Accepting the construction of the 2007 Pavement Overlay as complete, and directing the City Clerk to record a Notice of Completion, Project 3667-15. Resolution No. 2009-208. ACTION:
AB#19929
2. AB #19,930 - ACCEPTANCE OF GRANT. Accepting a grant from the San Diego Police Foundation for Community Emergency Response Team (CERT) equipment and supplies to enhance disaster preparedness; and authorizing the appropriation of funds. Resolution No. 2009-209. ACTION:
Motion to approve 2. AB #19,930 - ACCEPTANCE OF GRANT. Accepting a grant from the San Diego Police Foundation for Community Emergency Response Team (CERT) equipment and supplies to enhance disaster preparedness; and authorizing the appropriation of funds. Resolution No. 2009-209. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 2. AB #19,930 - ACCEPTANCE OF GRANT. Accepting a grant from the San Diego Police Foundation for Community Emergency Response Team (CERT) equipment and supplies to enhance disaster preparedness; and authorizing the appropriation of funds. Resolution No. 2009-209. ACTION: (Approved) (Recorded at 00:05:17)
AB#19930
3. AB #19,931 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES AND REQUEST FOR FINDING OF PREVAILING WAGES FOR SEWER MAIN SERVICES. To consider amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts, and by amending Section 3.28.130 regarding Prevailing Wages; and, to consider that in accordance with Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the sewer main cleaning contract. Introduction of Ordinance No. CS-046. Introduction of Ordinance No. CS-047. Resolution No. 2009-210. ACTION:
City Attorney Ron Ball introduced the Ordinances and provided a brief explanation about the Ordinances.
Mr. Ball detailed what the Design Build Ordinance dealt with and how it will work for the City. Mr. Ball stated that the Design Build Ordinance could be enacted because Carlsbad was a charter city. Could not be enacted as a general law city. Mr. Ball also stated that the Ordinance could be adjusted as needed along the way.
Mr. Ball explained the prevailing wages ordinance that this was an amendment to the Code. He made a change to page 13 on line 14 of the Ordinance to include the phrase "unless ordered by the City Council."
He said that his only applied to local jobs. It cannot be applied to those projects funded by federal or state monies or special grants with specific details.
He also explained the finding to the sewer maintenace contract.
MP said the language on the reso did not address the scope of work and asked if the scope of work was outside the resolution and decided in a staff discussion or was it intended to part of the reso.
LH - not intended to be part of the reso. If the scope of work exceed the cm's limit the project would be brought back to COuncil for approval.
City Attorney Ron Ball titled the Ordinances.
Motion to approve 3. AB #19,931 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES AND REQUEST FOR FINDING OF PREVAILING WAGES FOR SEWER MAIN SERVICES. To consider amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts, and by amending Section 3.28.130 regarding Prevailing Wages; and, to consider that in accordance with Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the sewer main cleaning contract. Introduction of Ordinance No. CS-046. Introduction of Ordinance No. CS-047. Resolution No. 2009-210. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 3. AB #19,931 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES AND REQUEST FOR FINDING OF PREVAILING WAGES FOR SEWER MAIN SERVICES. To consider amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts, and by amending Section 3.28.130 regarding Prevailing Wages; and, to consider that in accordance with Section 3.28.130, it is not in the best interest of the City to require prevailing wages for the sewer main cleaning contract. Introduction of Ordinance No. CS-046. Introduction of Ordinance No. CS-047. Resolution No. 2009-210. ACTION: (Approved) (Recorded at 00:12:43)
AB#19931
4. AB #19,932 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. To consider amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, to declare no parking on Paseo Descanso from Carrillo Way to Paseo Cerro from 2:00 a.m. to 5:00 p.m., seven days a week. Introduction of Ordinance No. CS-048. ACTION:
CARB introduced this Ordinance and titled the Ordinance.
Motion to approve 4. AB #19,932 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. To consider amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, to declare no parking on Paseo Descanso from Carrillo Way to Paseo Cerro from 2:00 a.m. to 5:00 p.m., seven days a week. Introduction of Ordinance No. CS-048. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 4. AB #19,932 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. To consider amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, to declare no parking on Paseo Descanso from Carrillo Way to Paseo Cerro from 2:00 a.m. to 5:00 p.m., seven days a week. Introduction of Ordinance No. CS-048. ACTION: (Approved) (Recorded at 00:13:58)
AB#19932
5. AB #19,933 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. Introduction of Ordinance No. CS-049. ACTION:
CARB introduced this Ordinance.
He explained there is a sight problem at this intersection and a stop sigh would correct this issue.
Mr. Ball titled the Ordinance.
Motion to approve 5. AB #19,933 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. Introduction of Ordinance No. CS-049. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 5. AB #19,933 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. To consider amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. Introduction of Ordinance No. CS-049. ACTION: (Approved) (Recorded at 00:15:03)
AB#19933
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.
PUBLIC HEARINGS:
6. AB #19,934 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION AND ADOPTION OF A NONCONFORMING CONSTRUCTION PERMIT APPLICATION FEE. To consider adopting a Negative Declaration, approving a Zone Code Amendment, ZCA 09-01, and Local Coastal Program Amendment, LCPA 09-01 to: 1) repeal and replace the Nonconforming Building and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete Section 21.46.210, 4) amend Chapter 21.44 - Parking to revise Section 21.44.010, and 5) amend Chapter 21.45 to revise Section 21.45.090A; and, adopting a Nonconforming Construction Permit application fee. Introduction of Ordinance No. CS-050. Resolution No. 2009-211. Resolution No. 2009-212. ACTION:
Principal Planner Chris DeCerbo and Associate Planner Barbara Kennedy gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
This ordinance deals with non abated buildings such as hotels that are in disrepair and in need of improvement.
The request to review and readdress this ordinance was given in 2008.
The original thought was to apply this ordinance to the Barrio area, however, it will be applied citywide.
Abatement code would be more focused on illegal buildings.
Would encourage property owners to improve, repair older deteriorating buildings.
The proposed revisions were made available to various entities and leaders in the Carlsbad community.
New application fee is for an administrative permit for an application to replace or do expansions to nonconforming residential or non residential structures. Residential is less compatibility issue that a commercial structure.
Mr. DeCerbo explained the errata sheet provided to Council right before the meeting.
ML - in the barrio area some of te oldest structures if a person lives ona 6000 sq. ft lot and wishes to add a bathroom or building can it be done thorugh this ordinance.
Mr. DeCerbo replied yes.
ML opened the duly noticed public hearing at 6:24 pm.
Seeing no one wishing to speak ML closed the Public Hearing.
City Attorney Ron Ball titled the Ordinance and referenced the Errata Sheet.
Motion to approve 6. AB #19,934 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION AND ADOPTION OF A NONCONFORMING CONSTRUCTION PERMIT APPLICATION FEE. To consider adopting a Negative Declaration, approving a Zone Code Amendment, ZCA 09-01, and Local Coastal Program Amendment, LCPA 09-01 to: 1) repeal and replace the Nonconforming Building and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete Section 21.46.210, 4) amend Chapter 21.44 - Parking to revise Section 21.44.010, and 5) amend Chapter 21.45 to revise Section 21.45.090A; and, adopting a Nonconforming Construction Permit application fee. Introduction of Ordinance No. CS-050. Resolution No. 2009-211. Resolution No. 2009-212. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 6. AB #19,934 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION AND ADOPTION OF A NONCONFORMING CONSTRUCTION PERMIT APPLICATION FEE. To consider adopting a Negative Declaration, approving a Zone Code Amendment, ZCA 09-01, and Local Coastal Program Amendment, LCPA 09-01 to: 1) repeal and replace the Nonconforming Building and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete Section 21.46.210, 4) amend Chapter 21.44 - Parking to revise Section 21.44.010, and 5) amend Chapter 21.45 to revise Section 21.45.090A; and, adopting a Nonconforming Construction Permit application fee. Introduction of Ordinance No. CS-050. Resolution No. 2009-211. Resolution No. 2009-212. ACTION: (Approved) (Recorded at 00:27:46)
AB19934
Adjourn at 6:25
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
Motion to approve ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT (Approved) (Recorded at 00:28:34)
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT
SPECIAL MEETING
AGENDA
AUGUST 11, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held July 28, 2009.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:28:47)
WAIVER OF ORDINANCE TEXT READING
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
8. AB #692 - ADVERTISE FOR BIDS. Approving the plans and specifications for the construction of the Terramar Pressure Reducing Station Replacement, removing the existing Terramar Pressure Reducing Station; and, authorizing the Secretary to advertise for bids, Project No. 5020. Resolution No. 1368. ACTION:
AB#692
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
9. AB #693 - APPROVE WATER RATES FOR AGRICULTURE AND RECYCLED CUSTOMER CLASSES. To consider approving the water rates for agriculture and recycled customer classes. Resolution No. 1369. ACTION:
Deputy Public Works Director Mark Stone, Senior Accountant Helga Stover and Mark Grantham, Consultant gave the staff report and Power Point Presentation (on file in the Office of the City Clerk).
Ms. Stover provided a history on the agriculture and recycled water rate decision.
She explained briefly about the peak water usage and off-peak water usage times.
Ms. Stover provided options for the Board to consider regarding the agricultural rate.
Option no. 1 alternative provided for a voluntary peak reduction period.
She explained that the revenue would be reduced by $200,000 per year if the lower unit were approved.
She also informed the Board that the original rate that was discussed at the June 23, 2009 meeting could also be approved and implemented.
Ms. Stover provided a table for the Board reflecting the current rate, the noticed rate and the proposed rate.
KB - customers using water during non peak time - how monitored
MS replied the ag customers are on the amr program and cam be supplied with adequate info.
MP what kind of window will be given to ag customers to respond and readjust their watering.
MS - three-six month period would be an adequate time to adjust watering patterns.
MP - as usages has increased are there other project being design and on the books to further cause an increase (GET THIS
MS - rate will go down, they may stay flat or stable as we ad more customers to that rate.
Peter McKauf representing the Carlsbad Strawberry Company, came forward to address the Board.
Mr. McKauf stated the $2.64 makes the strawberry business a marginally viable venture. A couple of things are missing, fairness and equity.
Fairness addresses survival, quantities. Growers need a survival rate. Don't want to make very acre planted unprofitable. Create a system that allows some thing to be profitable. Equity addresses the sacrifices the growers need to make. Water usage is already 40% less than it was two years ago and they intend to cut back usage another 5%. Sacrifice needs to be recognized in the pricing structure in the conservation rate. Deserve a conservation rate in order to allow them to survive.
Tying water usage into non residential rates in unfair to tie it into businesses likes Callaway. 10% of production costs is for water usage.
Mr. McKauf does not support new proposed pricing. Ask staff to go back and rework for a conservation rate. Consider a ag/tourism area for this area between I-5 an PAR..
ML - confirmed that pricins was too high.
MH clarified that strawberries would continued to be grown.
MP asked for clarification.
Mr. McKauf, the fairness is that in thetirerd pricin stucture adopted for residences household survival rate in the 1st tier. ag needs the same kind of survival tier rate that allows to plant an acre to make a profit. formulate a strategy/plan that addresses the issue longer-term.
Chris Cauklins representing the Flower Fields came forward to address Council.
He said he sent a letter to the Board supporting the rate. The problem said the agency is going to come back and ask for adjustment dependent on water usage.
ML asked for clarification.
CC said primary water usage is during off-peak times. Begins in october. Does not like being considered with users who use water year-round. Problem said no real consideration given to agriculture. No rate provided that reflects usage.
CC letter said set up mechanism to review the situation. Legal obligation to do this. current policies go against. suggest the creation of a committee on sustainable agriculture. Look at long term sustainability. Do study before rates are increased next year.
CC - the proposed rate is better but do not know how it is going to do. support rate, again establish committee. asking to consider a direct subsidy to counter one year subsidy of about $20,000.
MP - did make subsidy request to ag mitigation committee.
CC - ag committee does not provide for operation costs.
KB - is there a mechanism to review which ag users are not abiding of the off-peak hours. Can the rates be raised to the violaters.
HS - this was not contemplated - chose to look at the group as a whole.
RB - need a new study to support a different approach. There is legislation to allow an inclining block structure. This is how we deal with violaters in the water conservation ordinance.
MP - staff response to the survival rate,.
HS - not reviewed previously. Difficult to implement. Was not considered. Not something to be implemented in a timely manner and would require alot of resources.
MH - staff to respond to the committee.
MS - no to the committee. Experts on staff. Hired experts to do this, understand difficulties. Committee would probably look at only on aspect of rates. Board would want to take a look at all aspects. Spread across all classes.
MH - flower fields and viability of it knowing that water is a big component of this.
LH - water rates set look at all the clasess and water rate payers. If Board is interested in ag class as something special, staff could do this if the Board is interested.
Ml - addressed when this requirement of the flower fields was established. a subsidy has to be looked at. the public really pushed for and it was promised by the . Agree with the CM and review how it can be subsidized.
AK - reference letter - asked the discrepancy of $14,000 to $20,000.
HS - would have to review Flower Field water usage.
Motion to approve 9. AB #693 - APPROVE WATER RATES FOR AGRICULTURE AND RECYCLED CUSTOMER CLASSES. To consider approving the water rates for agriculture and recycled customer classes. Resolution No. 1369. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to approve 9. AB #693 - APPROVE WATER RATES FOR AGRICULTURE AND RECYCLED CUSTOMER CLASSES. To consider approving the water rates for agriculture and recycled customer classes. Resolution No. 1369. ACTION: (Approved) (Recorded at 00:58:20)
ML - adopt resolutionand asked staff to review and work on providing a subsidy to assist. Minute motion - all approved
AB#693
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
SPECIAL MEETING
AGENDA
AUGUST 11, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
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 00:59:36)
Minutes of the Regular Meeting held July 21, 2009.
Minutes of the Joint Special Meeting held July 28, 2009.
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.
10. AB #418 - APPROVE FINANCIAL ASSISTANCE FOR THE TAVARUA SENIOR AFFORDABLE HOUSING DEVELOPMENT. Approving financial assistance to the partnership of Western Community Housing and Meta Housing for the construction of fifty affordable senior-restricted apartment units at 3574 Harding Street; and, authorizing the appropriation of funds to construct the project, Site Development Plan, SDP 06-12. Resolution No. 475. ACTION:
Motion to approve 10. AB #418 - APPROVE FINANCIAL ASSISTANCE FOR THE TAVARUA SENIOR AFFORDABLE HOUSING DEVELOPMENT. Approving financial assistance to the partnership of Western Community Housing and Meta Housing for the construction of fifty affordable senior-restricted apartment units at 3574 Harding Street; and, authorizing the appropriation of funds to construct the project, Site Development Plan, SDP 06-12. Resolution No. 475. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 10. AB #418 - APPROVE FINANCIAL ASSISTANCE FOR THE TAVARUA SENIOR AFFORDABLE HOUSING DEVELOPMENT. Approving financial assistance to the partnership of Western Community Housing and Meta Housing for the construction of fifty affordable senior-restricted apartment units at 3574 Harding Street; and, authorizing the appropriation of funds to construct the project, Site Development Plan, SDP 06-12. Resolution No. 475. ACTION: (Approved) (Recorded at 01:00:00)
AB#418
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS
Continued from the Council Meeting held August 4, 2009.
11. AB #19,928 - ARTSPLASH 2009 SPECIAL EVENT GRANT REQUEST. To consider authorizing a Special Event Grant for the ArtSplash 2009 Event; and appropriating funds. Resolution No. 2009-207. ACTION:
LH explained that the presentation was done at the previous meeting.
MP - include the City Attorney's clarification/comments.
RB - referencing the memo of 8/6/09
Motion to approve 11. AB #19,928 - ARTSPLASH 2009 SPECIAL EVENT GRANT REQUEST. To consider authorizing a Special Event Grant for the ArtSplash 2009 Event; and appropriating funds. Resolution No. 2009-207. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 11. AB #19,928 - ARTSPLASH 2009 SPECIAL EVENT GRANT REQUEST. To consider authorizing a Special Event Grant for the ArtSplash 2009 Event; and appropriating funds. Resolution No. 2009-207. ACTION: (Approved) (Recorded at 01:01:29)
AB#19928
Continued from the Council Meeting held August 4, 2009.
12. AB #19,925 - CARRILLO RANCH BARN/THEATER PROJECT. To consider options for the construction schedule for the Carrillo Ranch Barn/Theater project. Resolution No. 2009-203.
LH explained that the presentation was provided at the August 4, 2009 meeting.
KB clarified that no other projects would suffer if this item was moved to the top of the list
MS - replied that this was true.
ML - asked for clarification that this project would not exceed $13,000.
Motion to approve 12. AB #19,925 - CARRILLO RANCH BARN/THEATER PROJECT. To consider options for the construction schedule for the Carrillo Ranch Barn/Theater project. Resolution No. 2009-203. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,925 - CARRILLO RANCH BARN/THEATER PROJECT. To consider options for the construction schedule for the Carrillo Ranch Barn/Theater project. Resolution No. 2009-203. (Approved) (Recorded at 01:03:06)
Resume - 7:08
AB#19925
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.
Meeting Paused
Meeting Resumed
7. AB #19,935 - LA COSTA TOWN SQUARE. To consider certifying an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, a Condominium Permit, a Non-Residential Planned Development Permit, a Hillside Development Permit, a Site Development Plan, a Variance, and eight Conditional Use Permits, for the development of an 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/ CP 01-03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/ CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07. Introduction of Ordinance No. CS-051. Resolution No. 2009-213. ACTION:
AB#19935A
AB#19935_
Senior Planner Van Lynch and Senior Engineer Glen Van Peski gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk0>
Three tract maps proposed. Van described which tract map was which.
Project to be developed through the habitat management conservation plan.
Project within the Villages of La Costa Habitat Managemetnt Conservation Plan unknown species type.
Mr. Lynch reviewed the EIR impacts.
Eratta sheet further clarifies an additional study to determine about the grading that could remove a site from potential grading.
Eratta sheet re minor change to La Costa Master plan more of a grammetical correction. Mitigation measure for the Mahr resevoir. Include the eratta shet changes in the minutes.
MH - residential site discloes that met with several residents of the area and the developer. Could staff clarify low income residential housing.
Van - purpose of high density residential - build about 20 units per acre by state attached a density of 20 units per acre for affordable purposes. Each development in Carlsbad has a 15% residential affordable requirement. Residential high density site would be required to provide 15% of housing at an affordable rate (get this)
MH asked about the zoning re
M - asked what product type of west la costa ave /RSF
Van Lynch - detached residential project
MH - look at also make this site RMH
VAN - no.
KB. - asked for figures of number of units for acres
van 3.2 units per acre. RMH -11.5 units per acre. RH - 19 units per acre. control points and also include ranges.
KB - asked about units to immediate west of RSF - RMH
VAN - yess
KB units to the north
VAN - RLM - somewhere between 2.4 units per acre.
ML existing zoning for area just discussed - RLM before this is approved
VAN - mostly residential single family RM1
Council did received letters from Mullen, Delano, received a number of persons opposed to project, persons that support, long list of phone conversations that oppose the project, a few that were in support.
Pat O'Day representing the project which has been in the pipeline for 9 years. John Conner Sheppard Mullen, Bob Lawig, Bob Wilkinson, Sam Cab, urban systems, Tim Carroll with O'day consultants. (Missing one)
Site was part of the La Costa master Plan, always intent of site to be developed as a commercial project. consistent with city goals and the various plans of the city. developer is not asking for any variation or deviation of city's design standards. in the 1980s there was a proposal to develop the property with a strip mall.
Mr. O'Day described the project. Discussed the amount of traffic fees to the city.
Mr. O'Day provided a list of proposed tenants of the commercial development. Grocery store to be included in the development is Vons. Tuscan landscape and architecure throughout.
Mr. O'Day described the number of jobs that will be available to the community and said approximately $1million in sales tax revenue is estimated to go to the City.
Mr. O'Day played a dvd portraying a virtual conception of the commercial property.l
KB asked for a detail on the sychronized traffic signals in the project.
Mr. O'Day explained the process (get this). Said La Costa Avnue has always been an issue for the City because it cannot be widened. Coordinate and connect andcommunicate with all the signals.
MH asked if the Levante signal was also going to be coordinated.
Mr. O'day replied that yes it was.
KB asked who was paying for this.
PO replied the project pay for.
Mrfs. Tworoger owner of the property came forward to address Council. Stated she appreciated the consideration of the project.
Ak opened the duly noticed PH at 7:55 p.m.
Pat Bleha representing North County Advocates came forward to address Council. One persons dream should not outweigh those who live next to the development. Spoke against the big box shopping center that would be walked to. concerned about traffic from people not from the area. concerned about traffic on la costa avenue. addressed two meetings held at Stagecoach. how to unwind in the shopping center with all the smog, noise. fells it is a fairytale.
Walt Meher, of Carlsbad came forward to address Council. Mr. Meher spoke in opposition of the project. Does not believe that $1million tax revenue to the city would occur.
Alan Reece, of Carlsbad came forward to address Council. Mr. Reece spoke in opposition of the project. (Mr. Reece showed two photos.) He said that he asked about the designation of the property several years ago. Does not feel that high density residential should be approved. Feels the Planning Department sees an opportunity for more affordable housing. Will not keep the consistency of the neighborhood. Is concerned about the proposed condominium complex. Addressed the high density that he feels that it will violate the spirit of the La Costa Master Plan. Is concerned about traffic congestion. More monies will be brought into the city than condominium because of upgrades on single family properties. a high density affordable complex is not suited for this parcel of land. asked to change designation to rlm.
MP asked how many units on graphic no 2 -Mr. reece responded 23.
Dave Calder of Carlsbad came forward to address Carlsbad. Moved based on the premise that the property would be developed as planned. Asked why there were issues with traffic. Concerned about a "big box" being placed in an area that does not fit. Would like to see single family residences. Do no need additional shopping centers. Does not understand the changes to developing the property.
Flyfe Gibson came forward to address Council. Mr. Gibson spoke in opposition to the project. Is concerned about not being able to widen La Costa Avenue. Concerned about additional traffic, lighting and pavement. Does not believe that people will be pedestrian to the shopping center. Said one gas station should be more than enough. Concerned about additional office space and vacancies. Also addresses water issue concerns. Move the apartment buildings and build single family homes.
Bruce Erhlers, of North County Advocates came forward to address Council. Mr. Erhlers gave the Council a presentation (on file in the Office of the City Clerk) that outlined his objections to the project. Very concerned about the "big box" proposal.
Marlene Beard from Escondido came forward to address Council. Spoke in opposition of the project. Addresses traffic on La Costa Avenue, air quality, noise impact from blasting, hillside development regulations, lack of water issues (recycled).
Paul Marangos of Carlsbad came forward to address Council. Mr. Marangos gave Council a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Marangos spoke in opposition of the project. He addressed big box stores and provided examples of current vacant stores. Concerned about pedestrian aspect with the project. Liked the West Village Plaza as an example of a project he could approve. Against the project no developing the area.
Liz Cridinier from Carlsbad came forward to address Council. Ms. Cridinier spoke in opposition to the project. Concerned about traffic, too many stores, boxes big and little, homes, offices. Addressed the architecture - not Italy, nothing but concrete a nice, planned neighborhood shopping center.
Mike Uborn of Carlsbad came forward to address Council. Mr. Uborn stated he was in support of the project. Couple of suggestions, concerned about two gas stations in the project, understood the concern about the property west because of the high density.
Kathy Dawson of Carlsbad came forward to address Council. Spoke in support of the project. Work with the developer to acquire the type of stores, restaurants, etc. to ensure that it is what the neighborhood would like.
Mike Welch of Carlsbad came forward to address Council. Spoke in opposition to the project. Concerned about extra gas stations, another place to shop. Concerned about water issues, density of traffic along Carlsbad Blvd.
Andy Lee of Carlsbad owner of the La Costa Breeze publication of Carlsbad came forward to address Council. Mr. Lee spoke in support of the project. Addressed the concern about the Walmart big box store and that residents stick to the truth. Spoke about the history of how long the project has been part of the Villages of La Costa Master Plan.
David Harrison of Carlsbad came forward to address Council. He spoke in opposition of the project. He is concerned about the high density housing issue.
Valerie Rubins of Carlsbad came forward to address Council. She said she objects to a big box store and is concerned to the high density zoning. Would prefer to see single family dwellings instead.
ML nw quadrant stated those densities will not exceed what is in the GMP. Every area will have low cost housing. Area 11 has the largest area for low cost housing.
Russell Kurtz came forward to address Council. Spoke in opposition for the low density housing. Would like to see single family housing and move the high density housing east. Concerned about water issues.
MH - asked how big it was.
Mr. Kurtz said is was about 75 hundres square feet.
Don Burton came forward to address Council. Concerned about the high density housing - more prudent to place it next to commercial development. Would like to see single family housing. Not opposed to development, object size and scope.
John Burleson came forward to address Council. Objects to size and scope, high density housing, big box store, concerned about traffic, and number of signals.
Tom Christ came forward to address Council. Spoke in opposition to the project. Concerned about water issues, traffic, acquefers, blasting.
May Marangos came forward to address Council. Spoke in opposition to the project. Does not like the size and scope. Is concerned about traffic and its proximity to La Costa Canyon High School.
Barbara Tice came forward to address Council. Ms. Tice spoke in opposition to the project. She clarified that the flyers distributed to the residents stated a walmart "could be" placed in this project - not "would be".
Patrick Gravit came forward to address Council. Mr. Gravit spoke in opposition to the project. Concerned about the placement of a big box store, affordable housing, dangerous to walk across Rancho Santa Fe Road, traffic
Ron Dechter came forward to address Council. Spoke in opposition to the project. Concerned about water issues, lack of solar lighting, and traffic. Stated traffic study was conducted in July. Must reject traffic study because it did not take into account two schools in this area.
Nancy Curry came forward to address Council. Spoke in opposition of the project. Addressed the energy issue - lack of solar panels would like Council to have Planning Dept. draft regulations to include solar technology in all new development and have developer of this project include solar energy.
Sherry Chestnut came forward to address Council. Spoke in support of the project.
Jerry Harmon came forward to address Carlsbad representing Trip. Two issues one that if a big box is approved, that this qualifies as a regional transportation project and would like to see the Council develop a nexis study to determine the true costs of the traffic impacts to the City. Encouraged the city to develop new policy to address this issue. Would also encourage Carlsbad to challenge the state on concept that cities are required to provide a certain amount of low-cost housing.
Dolores Welty came forward to address Carlsbad. She spoke in opposition to the project. Much more difficult to keep agriculture when the city continues to pass out water to new development. Addressed the energy issue, to require all new construction to be green with solar or whatever.
Joe Crillie came forward to address Council. He spoke in opposition to the project. Concerned about proximity to other shopping areas and the benefit that was explained that it proposed.
Frances Rigolutz came forward to address Council. Spoke in opposition to the project. Concerned about the proximity of fence surrounding her neighborhood to the proposed property. Does not feel this issue is mitigated and is asking for Council to address this issue.
Jim Miller came forward to address Council. Mr. Miller spoke in opposition to the project because of the increase in traffic. would like to see something local that satisfies the need of those living there.
Sheila Cameron of Encinitas came forward to address Council. She spoke in opposition of the project. Asked Council to make the project smaller. Is concerned about water issues, traffic, traffic counts include existing traffic, cumulate counts, ponto project traffic counts considered in the analysis, reduce multi-family housing, commercial. Restrict those plants that require water. Purchase this property as open space.
Fred Sandquist came forward to address Council. Mr. Sandquist survey conducted by Envision Carlsbad said that response is community should be able to walk around in. Spoke in opposition to the project. Feels the project is too large. Encouraged Council to deny certifying the EIR.
Bonnie Diamond came forward to address Council. Ms. Diamond spoke in support of the project. Would not like a walmart or something similar to this type of store. Also, does not see the need for two gas stations. Would like to see the high density removed.
Kurt Bevaqua came forward to address Council. Spoke in support of the project. Concerned about the "big box" store.
Richard Palanco came forward to address Council. Spoke in opposition to the project. Concerned about the public safety challenges, big box stores and the environment.
Rocco Palanco came forward to address Council. Concerned about gangs, spoke in opposition to the project.
Diane Nygaard representing Preserve Carlsbad came forward to address Council. Concerned about the big box, clean water and air concerned that 300 acres of open space be protected here. She said that overriding issues are being used to address the air quality that will cause people to become ill. She suggested reducing the size and scope of the project.
Jim Messera came forward to address Council. Mr. Messera spoke in opposition to the project. Modify the size and scope of the project, Concerned about the scope of the traffic study and the time of the year it was conducted. Said that previously the site now scheduled for high density-low income housing was supposed to be two story medical buildings.Switch high density with the other side to single family housing.
Eleanor Arkins came forward to address Council. Ms. Arkins spoke in favor of the project. asked if the project is slated to be built in phases.
Pheng Tan came forward to address Council. Spoke in support of the project. Would like to see the residential buildings set back from Rancho Santa Fe Road to keep the value of the homes consistent.
Howard Krause came forward to address Council. Mr. Krause spoke in opposition to the project. Is concerned about drive thru restaurants and their impact on traffic. Likes the idea of a project that is walkable or bikeable. Would like to see an overpass of Rancho Santa Fe Road for bikes or walking. Would like to see open space preserved and see trails connecting to other open spaces.
ML closed the public hearing at 9:47 p.m.
Ml - drive thrus
Van drive thrus are drugstore or financial. City prohibits food drive thrus.
ML - phasing - i
Van - it is a phased plan
Pat O'day - it could be phased. the economic atmosphere won't be here in 2-3 years and buld buildings on commercial site it will take two years at the earliest.
AK - traffic survey - done in July concerns
GVP - traffic monitoring in July every year, traffic counts in GMP conducted in summer - overall traffic counts are higher because students are not in schools, etc.
AK - delivery truck concerns
GVP - planning can place limits on hours of operation
VAN - no hours of limit,
AK - haven't placed time limits on other projects.
Van - can put time limits on the project for delivery
KB - recalimed water available.
GVP - water served by Olivenhain Water District
KB - is it planned to be reclaimed water
GVP - it is planned for construction activities and areas where there is no public contact.
ML - Olivenhain has discretion over potable water
GVP - in stage t2 - not issuing water meters unless a fee with an equal dwelling unit of 4500 to mitigate issuing the water meter.
MH - asked if lower the density unit
CA BAll stated he would like more time to determine this proposal. Council can decide to reduce or make a change to the recommendation. If the council has choosen to have lower impact covered in the EIR, it is okay. If a change is made that was not covered in the EIR, additional documentation will be required.
ML - if city goes with existing zoning,
RB - is stay with the existing plan no change is required.
This project proposes a change to the existing GP. Is this an alternative discussed in the EIr.
MP - west side of RSF - a zone to the north and to the west - RMH and RLM - two different zones bordering this property.
ML - existing zones apply to the same properties all the way around.
get the discussion regardin tghe existing and changing zone changes.
KB - triangle peice to the west of RSF - proposed to change to high density coucnil does not want it to be high density but something elese can vote separate on that one piece.
RB - satated ys.
KB - does entire project have to be turned down,
RB - approve the roejct and deny that protion of the change and not to make a GP amendment of the triangle portion. Need to review the impacts that will not or will occur if addressed in the EIR.
MP staff information on the different traffic counts with a regional store vs a community store.
VAN - land use designation of this project is that it is a local and this is not a regional destination or regional shopping center.
GVP - rate does depend on the classification of the center and described the rates.
Meeting adj - 10:04
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