Video index
CALL TO ORDER: 6:00 P.M.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:00:17)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
blackburn
LEGISLATIVE INVOCATION:
mayor lewis
mayor said sandag will be held over no date given. La Costa Town Square will be held till the end of the meeting.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
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.
1. AB #19,938 - APPROVE AGREEMENT FOR PAVEMENT MANAGEMENT PROGRAM UPDATE. Approving the agreement with Infrastructure Management Services for the Pavement Management Program Update, Project No. 6001. Resolution No. 2009-214. ACTION:
AB #19,938
3. AB #19,940 - AUTHORIZE APPLICATION FOR GRANT FUNDS FOR COMMUNITY EMERGENCY RESPONSE TEAMS. Authorizing the Carlsbad Fire Department to apply to the San Diego Gas and Electric (SDG&E) mini-grant program for the Community Emergency Response Team (CERT) Program. Resolution No. 2009-216. ACTION:
AB #19,940
4. AB #19,941 - MODIFICATION TO THE MANAGEMENT COMPENSATION AND BENEFITS PLAN. Modifying the Health Benefits of the Management Compensation and Benefits Plan. Resolution No. 2009-217. ACTION:
AB #19,941
5. AB #19,942 - AMENDMENT TO THE REGIONAL COMMUNICATIONS SYSTEMS PARTICIPATING AGENCY AGREEMENT. Approving an amendment for a three-year extension of the Regional Communications Systems Participating Agency Agreement. Resolution No. 2009-218. ACTION:
AB #19,942
6. AB #19,952 - APPROVE SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY. Approving the Second Amended and Restated Joint Exercise of Powers Agreement for North County Dispatch Joint Powers Authority for fire dispatch services. Resolution No. 2009-223. ACTION:
AB #19,952
7. AB #19,943 - REFUND OF BUSINESS LICENSE TAX. Authorizing a refund of the business license tax to Citigroup Global Markets. Resolution No. 2009-219. ACTION:
AB #19,943
8. AB #19,944 - AUTHORIZE APPLICATION FOR POLICE CANINE GRANT. Authorizing the City Manager to execute the grant application to the San Diego Police Foundation K-9 Assistance Project for funding to replace a retiring police canine. Resolution No. 2009-220. ACTION:
AB #19,944
Representing board of directors of Friends of Carrillo Ranch. Thanks Council for moving the barn forward and thanked the council for accepting the donation to continue the Friday Night Film Festival.
2. AB #19,939 - ACCEPT DONATION TO CARRILLO RANCH FUND. Accepting a cash donation to the Carrillo Ranch Fund to be used towards the Friday Night Film Festival; and, authorizing the appropriation of the donated funds. Resolution No. 2009-215. ACTION:
AB #19,939
Film Festival nights Alan Kindle
Approve the enabling bill, it will be pushed back because the festival was expected to be cancel this year due to budget constraints.
Mr. Kindle reviewed the schedule of films for the season.
Joan Kindle came forward to address Council. Friends of Carrillo Ranch. The donor sent an email to Joan, stating why she wanted to financially support the Friday Night Film Festival.
Item #2 accepted.
ORDINANCES FOR ADOPTION:
9. AB #19,936 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES. Adopting Ordinance No. CS-046, amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts; and, Adopting Ordinance No. CS-047, amending Section 3.28.130 of the Carlsbad Municipal Code regarding Prevailing Wages. ACTION:
AB #19,936
City Attorney Ron Ball titled the Ordinance
10. AB #19,937 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. Adopting Ordinance No. CS-048, 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 a.m., seven days a week. ACTION:
AB #19,937
vote 5/0
City Attorney Ron Ball titled the Ordinance.
5/0 ayes
11. AB #19,945 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. Adopting Ordinance No. CS-049, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. ACTION:
AB #19,945
City Attorney Ron Ball titled the Ordinance.
5/0 ayes
12. AB #19,948 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION. Adopting Ordinance No. CS-050, 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. ACTION:
AB #19,948
City Attorney Ron Ball titled the ordinance. 5/0 ayes
PUBLIC COMMENT:
no 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:
Continued from the Council Meeting held August 11, 2009.
14. AB #19,946 - MADISON SQUARE AMENDMENT. To consider approving a request for an amendment to Major Redevelopment Permit (RP 04-24) to allow revisions to the exterior elevations of a previously approved 4-unit residential condominium project on the property located at 2737 Madison Street. Resolution No. 2009-221. ACTION:
AB #19,946
City Manager Lisa Hildabrand introduced Assistant Planner AUstin Silva who gave the power point presentation, on file in the office of the city clerk.
Mr. Baker is the applicant. This architect is also present. Doesn't need planning commission decision. Property is adjacent to the Post Office. and REsidential use. The applicant is proposing changes that are significanlty different that the original redevelopment permit.
Applicant is requesting to inclose the balcony, still comply with open space requirements. Landscape planters and balconies count as open space. A third bedroom doesn't require add'l parking. IN FILL project doesn't need CEQA approval. staff recommends approval of the changes.
Packard asked, concerns from neighbor construction or developer has already made the changes that are now being asked permission for. Yes correct. Packard-any penalties for developer doing something without proper permits. Austin, if it wasn't approved, he'd have to make the changes back to the original plans. Packard, no deterrent for developer doing change without permission. Lewis asked about parking requirement.
Silva, condos 2+ bedrooms require 2 parking spaced plus .5 for quests. Kulchin wants to hear from the applicant.
General Contractor Frank Chavez. Addressed packard's questions, the owner was willing take the financial risk of moving forward by doing the work of the project before the changes were permitted and approved.
He said the city will want to look a the changes, permit fees and school fees wil go up because of the increase in square footage. Judson architect, started this project over 6 years ago, construction industry caused a bit of a delay.
1. bedrooms increased from 2 plus a den. to 3 and no den. Very little added sq footage over total building.
2. materials, worked with staff and redevelopment to use different materials that work with the area better. makes it look more like a residential unit. Mayor asked about the bedroom-it concerns him that they didn't ask about the bedroom when presented to design review board. He said had to have certain sq feet for each deck.
No further questions from staff. Mayor asked Austin-in reference to the presentation the gentleman just made, did it go before the design review board. He said no. Then mayor asked a question that I didn't understand. Packard, at what point did the balcony requirement change. Austin said something else that i didn't get. Blackburn concerned also about parking. garage and parking spots. problem is people use garage as storing and then taking up other spots. Austin said they have CCR's to regulate. Hall, said they combined a den and balcony to make a third bedroom.
Silva said they enclosed balcony and and combined with den and gave it a closet to become bedroom. Packard does it now comply with all downtown requirements.
6:28 opened public hearing.
Some lady spoke about balconies being open space. Any rules concerning open space per capita 1000 people. wants to see open space maps.
Mayor said she can do that for her.
Mayor asked debbie about open space inthe village. It's different in the village so includes landscape courtyard balconies so it includes more developed areas that would be concerend open spaces in othe parts of the city.
Does meet open space requirements for the village. It came to the council because of revision of design standards. Consistancy issued with how a project was approved and what was originally approved. Decision was that it would come back to the council instead of design review board.
Planned development ordinance-village doesn't apply. expect for bilding heights and something else. Mayor asked about develop and units inthe village. No limit as number of bodies living in units.
qUestions is back to parking issue, if more people in the unit than parking spaces, it causes problems. no more than 2 persons per bedrooms.
Fountain stated . Hall, stated in CCRs? Debbie said yes.
Don Neu, hall asked how do they get the info about open space. Neu website of hmp and open space. referred public to that website. 40% is goal for open space. now it's 48%.
Speaker was mrs. welty. Hall said pickup the maps at Faraday.
Packard-anybody could go online to see the maps. Neu said scale issue on screen but same thing. Ann, to debbie, 26% open space cutting into balcony for closets. 23% now so it's acceptable.
6:37 closed public hearing.
Approved the 5/0
15. AB #19,947 - AMENDMENT NO. 1 TO THE CARLSBAD TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2009-2013. To consider approving Amendment No. 1 to the Carlsbad Transnet Local Street Improvement Program of Projects as approved on July 17, 2008, for local road projects which include funding from Federal, State and Transnet Sales Tax monies received in the next five years. Resolution No. 2009-222. ACTION:
AB #19,947
AMending programs under Transnet.
Program of project, regional transportation program. approved by sandag and federal agencies as well. current program adopted last year. CIP, sandag incoporated into thier program. RTIP.
Provides the ability to actually recieve funding for projects that have been allocated bertain federal state and transnet funds. amended on a quarterly basis by the sand
recently adopted CIP warrant a modification to the projects. Where add'l funding or revision to the schedule. reduction in funding also inthe schedule.
some years increases in funds, some where funds decreased. action tonight is to consider adopting . reso has to go to sandag by sept 4 and then they hold a public forum to move forward.
open public hearing at 6:41
seeing noone wishing to speak closed at 6:41. No questions and motioned and adopted.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
6:42 all present
CITY OF CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
AUGUST 18, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
16. AB #19,953 - DESALINATED WATER SUPPLY DELIVERY POINTS AND DELIVERY REGIME. The Board consider approving the Delivery Points and Delivery Regime for the desalinated water supply and directing staff to provide Poseidon Resources with annual desalinated water demands; and The Board consider directing staff to return with a draft agreement between the Carlsbad Municipal Water District and Poseidon Resources (Channelside) LLC, formalizing the process for collecting, monitoring and analyzing desalinated water production data necessary to determine the eligibility requirements for the Metropolitan Water District’s incentive payment; and, The Council consider directing staff to return with documents necessary to establish a right-of-way use fee for third party water deliveries over a period of five years after the projected commencement date of the Seawater Desalination Project; and, The Council consider approving a variance to the method of invoicing and collecting development processing fees for Seawater Desalination Facilities. CMWD Resolution No. 1372. CMWD Resolution No. 1373. Council Resolution No. 2009-224. Council Resolution No. 2009-225. ACTION:
AB #19,953
Bill Plummer gave the presentation on file in the office of the city clerk. Delivery points, summary of recommendations delivery poitns, delivery regime, mwd incentive, right of way access fee, development processing fee.
metropolitan water incentive, need to make agreement with poseidon and city and cmwd with metropolitan.
access fee $0. next fee, establish new fee for seawater desalination projects. Livia Borrack sent letter to bill, from coast keepers.
no questions from council, packard thought poseidon was coming to speak regarding pipeline right of way fee. have those issues been clarified. Plummer asked peter mc glaggen came forward. letter refering to the fee, it's their desire towork with the staff to establish that fee going forward. will be further work inthe future to know what the right of way use fee will look like. Packard is ok with staff position? Peter said yes.
Motioned and approved 5/0
6:50 adjourned
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
AUGUST 18, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
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.
Hall pulled 17.
voted 5/0
hall has some questions about water meter purchases. concern is going thru budget process, money was allocated for a grant to purchase these.
MArk stone, yes we submitted a grant but the fed ex company didn't get it there on time so application was denied, it was appealed but then denied so we have to finance that. $1.3 million. over 15 years. Hall said when we think about that regarding rate structure. Will it impact next years fees. Asked Helga
Helga said, when rates set in previouse year the grant wasn't anticipated so it won't have any increase in rates. Hall, this won't be an issue for budget next year. Helga said rate model didn't assume any grant funding.
Hall motioned, and ann second 5/0
6:54 adjourned
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION JOINT SPECIAL MEETING AGENDA
AUGUST 18, 2009
6:00 P.M.
CALL TO ORDER:
18. AB #695 - APPROVE RATIFICATION OF AGREEMENT WITH TECHBILT CONSTRUCTION CORPORATION. Approving the ratification of an agreement with Techbilt Construction Corporation for reimbursement of costs for the construction of oversized potable water pipeline improvements within Carlsbad Oaks North, CT 97-13, Project Nos. 3622, 3912, 5017 and 5028. Resolution No. 1371. ACTION:
AB #695
ROLL CALL:
PUBLIC HEARING:
19. AB #19,951 - VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS. The Commission consider approving amendments to the Carlsbad Village Master Plan and Design Manual to accept the California Coastal Commission's suggested modifications for certification purposes, LCPA 95-10x1; and, The Council consider approving a Zone Code Amendment to Title 21, Chapter 21.35 of the Carlsbad Municipal Code, to acknowledge and accept suggested modifications by the California Coastal Commission for certification of the Amended Village Master Plan and Design Manual and related implementing ordinance, ZCA 95-10(a)/LCPA95-10(a)/MCA95-01(a). HRED Resolution No. 476. Introduction of Ordinance No. CS-052. Council Resolution No. 2009-226. ACTION:
AB #19,951
Hall and packard stepped down.
17. AB #694 - AWARD OF CONTRACT FOR WATER METER PURCHASES AND REPLACEMENTS. Awarding the contract to Mueller Service Co., for the purchase and installation of 998 new water meters, and the purchase and installation of 1,217 Itron Endpoint units, Contract No. MS0901. Resolution No. 1370. ACTION:
AB #694
19. AB #19,951 - VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS. The Commission consider approving amendments to the Carlsbad Village Master Plan and Design Manual to accept the California Coastal Commission's suggested modifications for certification purposes, LCPA 95-10x1; and, The Council consider approving a Zone Code Amendment to Title 21, Chapter 21.35 of the Carlsbad Municipal Code, to acknowledge and accept suggested modifications by the California Coastal Commission for certification of the Amended Village Master Plan and Design Manual and related implementing ordinance, ZCA 95-10(a)/LCPA95-10(a)/MCA95-01(a). HRED Resolution No. 476. Introduction of Ordinance No. CS-052. Council Resolution No. 2009-226. ACTION:
coastal zone not approved until coastal commission approves, approved 1 year extension to process that application. with suggested modifications. sign types in coastal zones. did not allow pole signs in coastal zone but ok in other parts of the village.
revise permit types, would be required for demolition in the coastal zone, asked for exemption, had concerns can be administrative permit not public hearing. 3rd relates to transportation, transit, policies in that area.
to support higher density transportation in tvillage. requireing developers to proved incentives for using public transit.
staff if ok with these changes that coastal commission is requesting. final modification acknowledge tha the primary use of the transportation corridor shall be for transportation facilities and improvements that provide rail, transit service an support facilities, but also allo the permitted, provisional and accessory land uses allowed in districts 1 4 and 6 to also be allowedin the tranpsortationcorridor with dfindingds to ensure there remains adequate land for transit related facilites and that the development meets the goals ovjecties and standeard so the billage matper plan and recvieds approval of the approvpriate discretionary permits form thecitl
recommended action, approve modifications for final certificaltion of village master plan.
Mayor, when we first put redevelopment area, ocean opted out, does it come in juridsidcaton of village area. Debbie said we didn't change boundaries, it's still outside of what covered by the master plan. Council can look at ovean street to make sure they are going by the same procedures. better to wait envision carlsbad to see where they were going in that area before expanded areas.
public hearing 7:02. no one
ron ball titled ordinance.
vote 3/0/2 absent hall and packard.
7:03 adjourned to council meeting. It
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
20. AB #19,949 - SANDAG 2050 REGIONAL GROWTH FORECAST. To receive a presentation from SANDAG regarding the 2050 Regional Growth Forecast. ACTION:
AB #19,949
continued
21. AB #19,950 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. To consider appointing one member to the Library Board of Trustees. Resolution No. 2009-204. ACTION:
AB #19,950
bill lignante reappointed.
recess 5 minutes 7:04
7:10 called to order
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.
13. 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 #19,935
Mayor reminded the audience of the ground rules. Last week 3 hours of public comments. They don't need to repeat their concerns because they have the tapes from last week.
New information has been brought forward so they will reopen on the public hearing so only wants comments on new issues. 3 minutes.
Asked ron to explain changes brought forward by developer.
Received a number of comments from the public. will be on record with the city clerk. letter of analysis dated 8/13/09. submitted a refined project and reduction of density in the triangle portion for residential high. residential medium high single family attached homes. will also offer provisions in ccr's prohibiting big box stores.
Also a memorandum dated today stating those conditions with his recommendation. to determine appropriate general plan designation. spelled out on page 90something. look at the map RH bounding on norty by old RSF and south by new RSF. Could be residential high to red low as compatible with the neighborhood.
once that's determined they can introduce the ordinance with some changes. proposed change to the extent permitted CCR's can't inter into any lease no more the 100000 sq less that 10% to non taxable products.
if so, would need to come before council for permission and revision of the lease.
when you open public hearing can only address this new issue- only to address the new info-revised proposal to reduce density and revision to CCR's ruling out big box stores.
Van Lynch reviewed general plan land use designation allowed dwelling units per acre.
Reviewed a power point presentation on file in the office of the city clerk. review the handout and include the numbers because it'll effort council action
growth management control point is what they try to meet, for that that falls below that point but not the max, they are drawn from the dwelling unit bank.
meets density and affordable housing projects based on regional housing needs assessment.
3000 unit excess, many developed under the control point so added to the bank. city relies on council policy on how to use those extra units.
some for lower or affordable housing, changes in land use and transit corridor.
looking at density in the area. carlsbad oaks, 2.8 du/ac dwelling unit per acre.
single family detached condo unit. multi family project medium high density.
Hall asked excess dwelling-inclusionary housing. every project needs 15% affordable housing unit.
how did villages of la costa meet their affordable housing requirements? Packards- city staff wanted to make this change, wanted high density asked neu to explain what drives this desire. All cities have to provide those affordable housing areas.
regional housing needs assessments. from sandag.
had to struggle to find sites that accommodate how many units carlsbad is required to have. supports increasing density around aareas goods and services and transit corridors.
Packards, states total units required by state? Neu just over 8000 units in all categories. WE do our fair share, good success for low income
density is availabe.. local ordinance is the 15% requirement.
packard, point wasn't recommending this high density to annoy residents but sacrament does some mandating to require high density housing. cbad tries to provide options for well rounded community. Hall-asked about growth management.
reveiwed excess units in density bank, council reduced by 2300 or so. bank balance of 6000 reduce to 2800 city council action. under gmp, we come up below the total number in the city.
facilities in community developed to handle all the units.
kulchin. asked neu to talk about growth management plan voted on by public in 1986. sandag originally said we would be around 200k people. projection. planned for around 135k for growth management plan expecting more like 115k to 120k population at buildlout.
lewis if council doesn't approve change recommendation. can those unit be switched to different aspects of the community? Neu said yes.
these units would have to go somewhere else in carlsbad if it isn't approved by council. if council defys the state in housing are there any repurcutions? asked ball- ball said yes there will be it's going on trial in pleasanton, litigation for not following that state mandate.
the state can dictate density? mayor asked ron said it's hard to say, what's going on in pleasant? it's a general city and we're charter city so that makes a differences. packrd-if we going with lower density, do we have to determine a reallocation of that tonight? Neu said not tonight.
asked developer to come up. Pat O'Day. staff did recommend to have high density. they went along, they think it's good use for the area. helps with state issues. BUT, if that's not possible, outlined in the letter apart of the record, they could recommend a lower density general plan ammendment, regarding walmart, refered to his letter.
mayor-will you accepted out decission? oday said yes. packard what are your differences in your ccrs and the ones ron ball suggestions 150ksf instead of ron's 100k. walmart starts at 180k sf. if you come up with a use for 150k it'll require site plan approval by council anyway. opend public hearing at 7:40 don burton
don burton, walkability of the project, flawed assumption. failed to consider steepness of the area. mayor stopped him and said talk about new stuff.
bruce ehlers, encinitas. opposed because of the additional traffic, even the reduction suggested doesn't help much. traffic mitigated proposal he submitted. alternate project could reduce the traffic by reducing square feet. make it residential instead of commercial.
Pat Bleha, carlsbad, responding to oday's lette of august 13. size of walmart is being disputed.
super walmart starts at 98k feet. regular walmart 55k sqft. spoke in opposition, also because of global warming.
global warming studies are too speculative, she said no in the city of encinitas.
leo carrillo ranch, known as a preservation, would have been horrified by the large development.
paul marangos. carlsbad, spoke in opposition. shocked and disappointed at what we're seeing last week. said they already said what they didn't like about the project. reiterated what they didn't like and proposed solutions and compromises. traffic, big box store, matter of public safety, too many cars with all the schools in that area. not safe for those who walk to school.
they aren't opposed to the center but want it scaled down. 25k people is just too big.
fred freeman, carlsbad, didn't speak last week. spoke in opposition. thinks council has already made their decision. referred to san elijo housing area which brought a lot of extra traffic and noise. please take public safety into account.
nancy curry, carlsbad, regarding traffic issues by the 3 schools in the area. spoke in opposition. asked for a pedestrian bridge.
ron deckter, carlsbad, spoke in opposition. the traffic eir is incorrect. don't certify the traffic study.
naomi alter, carlsbad, spoke in opposition to the project because of the big box store and traffic but this shopping center is too big.
diane nygaard, preserve calaver. spoke in opposition to the project. traffic and air quality. this shopping center is too big, but they are ok with the housing development. metn mayor-use support the housing element? she said said, high density is ok. not the shopping center.
francis regowitz, carlsbad, spoke in opposition. traffic, big box, and high density.
evelyn montalbano, carlsbad, against the big box store not really much any other part she has a problem with.
she said the commercial aspect doesn't fit with the surrounding.s
dolores welty, encinitas. spoke in opposition. doesn't like the big box store and it's not walkable. commercial area needs to be walkable.
fred sandquist, carlsbad, spoke in opposition. the reductions are good, but just the start. the project is too big for the site.
barbara elizabeth tice, carlsbad, spoke in opposition because of traffic.
jim mezra, carlsbad, 2 issues, high density and big box. those are the problems. real estate agents told home buyers in that area that shopping center like carlsbad forum not big box store. 25k traffic study, done in july when school traffic is obsolete. asked developer to do new traffic study for better accuracy.
dave calder, carlsbad, spoke in opposition to this project because there are no details to support or oppose. CCR's with restrictions, make them permanent not changable. keep it residential.
ellis diamond, carlsbad, asked council , once a project is approved, what control does council have to make sure what was approved is what was built? What if the project is sold to another developer? Will the rules stay the same?
closed the public hearing at 8:16.
5 minute break at 8:33
lynch, answered but i didn't catch it.
peski came back to talk about that road segment. widened the street the best it can topographic restraints. mayor asked for more clarification. can correct traffic during the school year by monitoring the intersections. Mayor, lady who refered to flipflopping the residential and commercial developments.
packard asked even if the counts were done during july, the study factors in school counts under sandag's model? Bilse said the model uses the actual number of students and actual dwelling units and sq ft. somewhat related with counts on the ground, then in sepearte analyst computer modeling. that takes school in session into accoutn. HAll-mr becker said spot in san marcos that failed. bilse said in general in every site there are override
mayor asked how we mitigate that situation. Van Peski, traffic engineers can answer. Doug Bilse came forward, standards are based on peak hours. there will be some congestion at beginning and end of day and it meets the standards used for the study. saying it isn't perfect, some lanes will fail but others flow ok. that's what the industry looks at is an average. signals coordinated to help mitigate this traffic. mayor asking if this will be monitored? he said school isn't looked at the same way, based on commute hours. not studied at school peak hours.
mayor, when schools in session, traffic is problem at beginning, lunch and end. says the question is very valid if the study is done off peak school time.
Hall, traffic report, asked neu to explain. Glen Van Peski, said done at various times of the year, but all future impacts are done by using sandag reports. it will take into account school schedules, holidays, etc etc.
neu also said that what council acts on gets carried through, the city keeps blue prints and followed through inspections. decisions made is what gets implements. CLOSED PUBLIC HEARING AT 8:20
hall, no details, asked for response. Neu to respond. ordinance requires over 4 units require planning commission review. if exceed 50 units than council has to weighin. would be public hearing again.
Kulchin, asked ron, can term entitlements go with the land? to develper? ball said yes
reconvened at 8:44
only discussing mobile homes it'll only be one hour study session. adjourned at 9:07.
no comment from
Ron, introduced the ordinance as amended. said RB needs to return with new documents and when it will be approved when council comes back in Sept. see memo from RB that's the amendment. "RM and open space" and reduce acreage of office space reflect project design ... see the memo. Council direct CA to return. Ann motioned as languaged by the CA, and they are certifiying the EIR, errated sheet 8/11/09 van lynch included in master plan. all returned to council at the next meeting. Hall second. 5/0
Kulchin, refered to Nygaard Lewis, ok with RM and ball's 100sq feet.
Packard said again, Mr. Ball if we had walked the property it needs to be disclosed. He said he walked it last week and meet with residents and staff. haven't heard anything or learned anything different than what has been presented. FOR THE RECORD.
Kulchin, met with residents and staff. RM designation, and she supports 98k sq feet.
Hall-council tries to approve quality project. will see the triangle again with specific plan agrees with RM-100sq feet.
packard-suggests lower density than MH go to medium density. looked at concepts of developer. MH are usually attached properties, M density is better. that's designation he wants. regarding commercial center-staff has agreed comfortable with 100k sqft and trusts staff recommendation would control big box concern. The other 3 issues taking action on-he's ok with.
blackburn said he has met with developer, residents and walked the site. pros and cons with every project. doesn't like dropping condo complex, doesn't like perseption of big box store. sensitive to needs for housing but doesn't really like high density in that area. would like to see a clean up, he agreed with ron balls recommendations. wants south corner of the triangle open space zone and office space zone needs cleaning up. likes the density on the triangle. with those changes supports the project.
more than local but not regional.
didn't catch that option about how developer could make those changes. mayor-local shopping center? neu said, explained there commercial catergory of general plan, anchor tennant daily goods and services. reference table 3.
packard, wants clarity on big box sq footage. asked planning to clarify. neu said typical walmart 100k+ sq feet done this study in the past couple years. mayor say council goes 90k sq ft but developer doesn't agree. how can it be adjusted? do they have to come back to council? neu said that portion of site plan is set at 98k.
mayor said if council wants to change the numbers they need to not do it from the dias.
asked ball to answer there questions. who ever buys the project subsequently has to follow the same rules enforced by inspections.
Aug 18, 2009 City Council, Carlsbad Municipal Water District Board and Housing and Redevelopment Commission Meeting
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CALL TO ORDER: 6:00 P.M.
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:00:17)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
blackburn
LEGISLATIVE INVOCATION:
mayor lewis
mayor said sandag will be held over no date given. La Costa Town Square will be held till the end of the meeting.
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
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.
1. AB #19,938 - APPROVE AGREEMENT FOR PAVEMENT MANAGEMENT PROGRAM UPDATE. Approving the agreement with Infrastructure Management Services for the Pavement Management Program Update, Project No. 6001. Resolution No. 2009-214. ACTION:
AB #19,938
3. AB #19,940 - AUTHORIZE APPLICATION FOR GRANT FUNDS FOR COMMUNITY EMERGENCY RESPONSE TEAMS. Authorizing the Carlsbad Fire Department to apply to the San Diego Gas and Electric (SDG&E) mini-grant program for the Community Emergency Response Team (CERT) Program. Resolution No. 2009-216. ACTION:
AB #19,940
4. AB #19,941 - MODIFICATION TO THE MANAGEMENT COMPENSATION AND BENEFITS PLAN. Modifying the Health Benefits of the Management Compensation and Benefits Plan. Resolution No. 2009-217. ACTION:
AB #19,941
5. AB #19,942 - AMENDMENT TO THE REGIONAL COMMUNICATIONS SYSTEMS PARTICIPATING AGENCY AGREEMENT. Approving an amendment for a three-year extension of the Regional Communications Systems Participating Agency Agreement. Resolution No. 2009-218. ACTION:
AB #19,942
6. AB #19,952 - APPROVE SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY. Approving the Second Amended and Restated Joint Exercise of Powers Agreement for North County Dispatch Joint Powers Authority for fire dispatch services. Resolution No. 2009-223. ACTION:
AB #19,952
7. AB #19,943 - REFUND OF BUSINESS LICENSE TAX. Authorizing a refund of the business license tax to Citigroup Global Markets. Resolution No. 2009-219. ACTION:
AB #19,943
8. AB #19,944 - AUTHORIZE APPLICATION FOR POLICE CANINE GRANT. Authorizing the City Manager to execute the grant application to the San Diego Police Foundation K-9 Assistance Project for funding to replace a retiring police canine. Resolution No. 2009-220. ACTION:
AB #19,944
Representing board of directors of Friends of Carrillo Ranch. Thanks Council for moving the barn forward and thanked the council for accepting the donation to continue the Friday Night Film Festival.
2. AB #19,939 - ACCEPT DONATION TO CARRILLO RANCH FUND. Accepting a cash donation to the Carrillo Ranch Fund to be used towards the Friday Night Film Festival; and, authorizing the appropriation of the donated funds. Resolution No. 2009-215. ACTION:
AB #19,939
Film Festival nights Alan Kindle
Approve the enabling bill, it will be pushed back because the festival was expected to be cancel this year due to budget constraints.
Mr. Kindle reviewed the schedule of films for the season.
Joan Kindle came forward to address Council. Friends of Carrillo Ranch. The donor sent an email to Joan, stating why she wanted to financially support the Friday Night Film Festival.
Item #2 accepted.
ORDINANCES FOR ADOPTION:
9. AB #19,936 - AMEND CARLSBAD MUNICIPAL CODE TO ADD OR AMEND SECTIONS REGARDING DESIGN BUILD CONTRACTS AND PREVAILING WAGES. Adopting Ordinance No. CS-046, amending the Carlsbad Municipal Code by adding Section 3.28.085 regarding Design Build Contracts; and, Adopting Ordinance No. CS-047, amending Section 3.28.130 of the Carlsbad Municipal Code regarding Prevailing Wages. ACTION:
AB #19,936
City Attorney Ron Ball titled the Ordinance
10. AB #19,937 - ESTABLISH NO PARKING FROM 2:00 AM to 5:00 AM ON PASEO DESCANSO. Adopting Ordinance No. CS-048, 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 a.m., seven days a week. ACTION:
AB #19,937
vote 5/0
City Attorney Ron Ball titled the Ordinance.
5/0 ayes
11. AB #19,945 - ESTABLISH STOP CONTROL ON DAVIS AVENUE. Adopting Ordinance No. CS-049, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on Davis Avenue (West) at its intersection with Knowles Avenue. ACTION:
AB #19,945
City Attorney Ron Ball titled the Ordinance.
5/0 ayes
12. AB #19,948 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION. Adopting Ordinance No. CS-050, 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. ACTION:
AB #19,948
City Attorney Ron Ball titled the ordinance. 5/0 ayes
PUBLIC COMMENT:
no 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:
Continued from the Council Meeting held August 11, 2009.
14. AB #19,946 - MADISON SQUARE AMENDMENT. To consider approving a request for an amendment to Major Redevelopment Permit (RP 04-24) to allow revisions to the exterior elevations of a previously approved 4-unit residential condominium project on the property located at 2737 Madison Street. Resolution No. 2009-221. ACTION:
AB #19,946
City Manager Lisa Hildabrand introduced Assistant Planner AUstin Silva who gave the power point presentation, on file in the office of the city clerk.
Mr. Baker is the applicant. This architect is also present. Doesn't need planning commission decision. Property is adjacent to the Post Office. and REsidential use. The applicant is proposing changes that are significanlty different that the original redevelopment permit.
Applicant is requesting to inclose the balcony, still comply with open space requirements. Landscape planters and balconies count as open space. A third bedroom doesn't require add'l parking. IN FILL project doesn't need CEQA approval. staff recommends approval of the changes.
Packard asked, concerns from neighbor construction or developer has already made the changes that are now being asked permission for. Yes correct. Packard-any penalties for developer doing something without proper permits. Austin, if it wasn't approved, he'd have to make the changes back to the original plans. Packard, no deterrent for developer doing change without permission. Lewis asked about parking requirement.
Silva, condos 2+ bedrooms require 2 parking spaced plus .5 for quests. Kulchin wants to hear from the applicant.
General Contractor Frank Chavez. Addressed packard's questions, the owner was willing take the financial risk of moving forward by doing the work of the project before the changes were permitted and approved.
He said the city will want to look a the changes, permit fees and school fees wil go up because of the increase in square footage. Judson architect, started this project over 6 years ago, construction industry caused a bit of a delay.
1. bedrooms increased from 2 plus a den. to 3 and no den. Very little added sq footage over total building.
2. materials, worked with staff and redevelopment to use different materials that work with the area better. makes it look more like a residential unit. Mayor asked about the bedroom-it concerns him that they didn't ask about the bedroom when presented to design review board. He said had to have certain sq feet for each deck.
No further questions from staff. Mayor asked Austin-in reference to the presentation the gentleman just made, did it go before the design review board. He said no. Then mayor asked a question that I didn't understand. Packard, at what point did the balcony requirement change. Austin said something else that i didn't get. Blackburn concerned also about parking. garage and parking spots. problem is people use garage as storing and then taking up other spots. Austin said they have CCR's to regulate. Hall, said they combined a den and balcony to make a third bedroom.
Silva said they enclosed balcony and and combined with den and gave it a closet to become bedroom. Packard does it now comply with all downtown requirements.
6:28 opened public hearing.
Some lady spoke about balconies being open space. Any rules concerning open space per capita 1000 people. wants to see open space maps.
Mayor said she can do that for her.
Mayor asked debbie about open space inthe village. It's different in the village so includes landscape courtyard balconies so it includes more developed areas that would be concerend open spaces in othe parts of the city.
Does meet open space requirements for the village. It came to the council because of revision of design standards. Consistancy issued with how a project was approved and what was originally approved. Decision was that it would come back to the council instead of design review board.
Planned development ordinance-village doesn't apply. expect for bilding heights and something else. Mayor asked about develop and units inthe village. No limit as number of bodies living in units.
qUestions is back to parking issue, if more people in the unit than parking spaces, it causes problems. no more than 2 persons per bedrooms.
Fountain stated . Hall, stated in CCRs? Debbie said yes.
Don Neu, hall asked how do they get the info about open space. Neu website of hmp and open space. referred public to that website. 40% is goal for open space. now it's 48%.
Speaker was mrs. welty. Hall said pickup the maps at Faraday.
Packard-anybody could go online to see the maps. Neu said scale issue on screen but same thing. Ann, to debbie, 26% open space cutting into balcony for closets. 23% now so it's acceptable.
6:37 closed public hearing.
Approved the 5/0
15. AB #19,947 - AMENDMENT NO. 1 TO THE CARLSBAD TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2009-2013. To consider approving Amendment No. 1 to the Carlsbad Transnet Local Street Improvement Program of Projects as approved on July 17, 2008, for local road projects which include funding from Federal, State and Transnet Sales Tax monies received in the next five years. Resolution No. 2009-222. ACTION:
AB #19,947
AMending programs under Transnet.
Program of project, regional transportation program. approved by sandag and federal agencies as well. current program adopted last year. CIP, sandag incoporated into thier program. RTIP.
Provides the ability to actually recieve funding for projects that have been allocated bertain federal state and transnet funds. amended on a quarterly basis by the sand
recently adopted CIP warrant a modification to the projects. Where add'l funding or revision to the schedule. reduction in funding also inthe schedule.
some years increases in funds, some where funds decreased. action tonight is to consider adopting . reso has to go to sandag by sept 4 and then they hold a public forum to move forward.
open public hearing at 6:41
seeing noone wishing to speak closed at 6:41. No questions and motioned and adopted.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
6:42 all present
CITY OF CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
AUGUST 18, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:
16. AB #19,953 - DESALINATED WATER SUPPLY DELIVERY POINTS AND DELIVERY REGIME. The Board consider approving the Delivery Points and Delivery Regime for the desalinated water supply and directing staff to provide Poseidon Resources with annual desalinated water demands; and The Board consider directing staff to return with a draft agreement between the Carlsbad Municipal Water District and Poseidon Resources (Channelside) LLC, formalizing the process for collecting, monitoring and analyzing desalinated water production data necessary to determine the eligibility requirements for the Metropolitan Water District’s incentive payment; and, The Council consider directing staff to return with documents necessary to establish a right-of-way use fee for third party water deliveries over a period of five years after the projected commencement date of the Seawater Desalination Project; and, The Council consider approving a variance to the method of invoicing and collecting development processing fees for Seawater Desalination Facilities. CMWD Resolution No. 1372. CMWD Resolution No. 1373. Council Resolution No. 2009-224. Council Resolution No. 2009-225. ACTION:
AB #19,953
Bill Plummer gave the presentation on file in the office of the city clerk. Delivery points, summary of recommendations delivery poitns, delivery regime, mwd incentive, right of way access fee, development processing fee.
metropolitan water incentive, need to make agreement with poseidon and city and cmwd with metropolitan.
access fee $0. next fee, establish new fee for seawater desalination projects. Livia Borrack sent letter to bill, from coast keepers.
no questions from council, packard thought poseidon was coming to speak regarding pipeline right of way fee. have those issues been clarified. Plummer asked peter mc glaggen came forward. letter refering to the fee, it's their desire towork with the staff to establish that fee going forward. will be further work inthe future to know what the right of way use fee will look like. Packard is ok with staff position? Peter said yes.
Motioned and approved 5/0
6:50 adjourned
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
AUGUST 18, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
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.
Hall pulled 17.
voted 5/0
hall has some questions about water meter purchases. concern is going thru budget process, money was allocated for a grant to purchase these.
MArk stone, yes we submitted a grant but the fed ex company didn't get it there on time so application was denied, it was appealed but then denied so we have to finance that. $1.3 million. over 15 years. Hall said when we think about that regarding rate structure. Will it impact next years fees. Asked Helga
Helga said, when rates set in previouse year the grant wasn't anticipated so it won't have any increase in rates. Hall, this won't be an issue for budget next year. Helga said rate model didn't assume any grant funding.
Hall motioned, and ann second 5/0
6:54 adjourned
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION JOINT SPECIAL MEETING AGENDA
AUGUST 18, 2009
6:00 P.M.
CALL TO ORDER:
18. AB #695 - APPROVE RATIFICATION OF AGREEMENT WITH TECHBILT CONSTRUCTION CORPORATION. Approving the ratification of an agreement with Techbilt Construction Corporation for reimbursement of costs for the construction of oversized potable water pipeline improvements within Carlsbad Oaks North, CT 97-13, Project Nos. 3622, 3912, 5017 and 5028. Resolution No. 1371. ACTION:
AB #695
ROLL CALL:
PUBLIC HEARING:
19. AB #19,951 - VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS. The Commission consider approving amendments to the Carlsbad Village Master Plan and Design Manual to accept the California Coastal Commission's suggested modifications for certification purposes, LCPA 95-10x1; and, The Council consider approving a Zone Code Amendment to Title 21, Chapter 21.35 of the Carlsbad Municipal Code, to acknowledge and accept suggested modifications by the California Coastal Commission for certification of the Amended Village Master Plan and Design Manual and related implementing ordinance, ZCA 95-10(a)/LCPA95-10(a)/MCA95-01(a). HRED Resolution No. 476. Introduction of Ordinance No. CS-052. Council Resolution No. 2009-226. ACTION:
AB #19,951
Hall and packard stepped down.
17. AB #694 - AWARD OF CONTRACT FOR WATER METER PURCHASES AND REPLACEMENTS. Awarding the contract to Mueller Service Co., for the purchase and installation of 998 new water meters, and the purchase and installation of 1,217 Itron Endpoint units, Contract No. MS0901. Resolution No. 1370. ACTION:
AB #694
19. AB #19,951 - VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS. The Commission consider approving amendments to the Carlsbad Village Master Plan and Design Manual to accept the California Coastal Commission's suggested modifications for certification purposes, LCPA 95-10x1; and, The Council consider approving a Zone Code Amendment to Title 21, Chapter 21.35 of the Carlsbad Municipal Code, to acknowledge and accept suggested modifications by the California Coastal Commission for certification of the Amended Village Master Plan and Design Manual and related implementing ordinance, ZCA 95-10(a)/LCPA95-10(a)/MCA95-01(a). HRED Resolution No. 476. Introduction of Ordinance No. CS-052. Council Resolution No. 2009-226. ACTION:
coastal zone not approved until coastal commission approves, approved 1 year extension to process that application. with suggested modifications. sign types in coastal zones. did not allow pole signs in coastal zone but ok in other parts of the village.
revise permit types, would be required for demolition in the coastal zone, asked for exemption, had concerns can be administrative permit not public hearing. 3rd relates to transportation, transit, policies in that area.
to support higher density transportation in tvillage. requireing developers to proved incentives for using public transit.
staff if ok with these changes that coastal commission is requesting. final modification acknowledge tha the primary use of the transportation corridor shall be for transportation facilities and improvements that provide rail, transit service an support facilities, but also allo the permitted, provisional and accessory land uses allowed in districts 1 4 and 6 to also be allowedin the tranpsortationcorridor with dfindingds to ensure there remains adequate land for transit related facilites and that the development meets the goals ovjecties and standeard so the billage matper plan and recvieds approval of the approvpriate discretionary permits form thecitl
recommended action, approve modifications for final certificaltion of village master plan.
Mayor, when we first put redevelopment area, ocean opted out, does it come in juridsidcaton of village area. Debbie said we didn't change boundaries, it's still outside of what covered by the master plan. Council can look at ovean street to make sure they are going by the same procedures. better to wait envision carlsbad to see where they were going in that area before expanded areas.
public hearing 7:02. no one
ron ball titled ordinance.
vote 3/0/2 absent hall and packard.
7:03 adjourned to council meeting. It
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
20. AB #19,949 - SANDAG 2050 REGIONAL GROWTH FORECAST. To receive a presentation from SANDAG regarding the 2050 Regional Growth Forecast. ACTION:
AB #19,949
continued
21. AB #19,950 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. To consider appointing one member to the Library Board of Trustees. Resolution No. 2009-204. ACTION:
AB #19,950
bill lignante reappointed.
recess 5 minutes 7:04
7:10 called to order
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.
13. 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 #19,935
Mayor reminded the audience of the ground rules. Last week 3 hours of public comments. They don't need to repeat their concerns because they have the tapes from last week.
New information has been brought forward so they will reopen on the public hearing so only wants comments on new issues. 3 minutes.
Asked ron to explain changes brought forward by developer.
Received a number of comments from the public. will be on record with the city clerk. letter of analysis dated 8/13/09. submitted a refined project and reduction of density in the triangle portion for residential high. residential medium high single family attached homes. will also offer provisions in ccr's prohibiting big box stores.
Also a memorandum dated today stating those conditions with his recommendation. to determine appropriate general plan designation. spelled out on page 90something. look at the map RH bounding on norty by old RSF and south by new RSF. Could be residential high to red low as compatible with the neighborhood.
once that's determined they can introduce the ordinance with some changes. proposed change to the extent permitted CCR's can't inter into any lease no more the 100000 sq less that 10% to non taxable products.
if so, would need to come before council for permission and revision of the lease.
when you open public hearing can only address this new issue- only to address the new info-revised proposal to reduce density and revision to CCR's ruling out big box stores.
Van Lynch reviewed general plan land use designation allowed dwelling units per acre.
Reviewed a power point presentation on file in the office of the city clerk. review the handout and include the numbers because it'll effort council action
growth management control point is what they try to meet, for that that falls below that point but not the max, they are drawn from the dwelling unit bank.
meets density and affordable housing projects based on regional housing needs assessment.
3000 unit excess, many developed under the control point so added to the bank. city relies on council policy on how to use those extra units.
some for lower or affordable housing, changes in land use and transit corridor.
looking at density in the area. carlsbad oaks, 2.8 du/ac dwelling unit per acre.
single family detached condo unit. multi family project medium high density.
Hall asked excess dwelling-inclusionary housing. every project needs 15% affordable housing unit.
how did villages of la costa meet their affordable housing requirements? Packards- city staff wanted to make this change, wanted high density asked neu to explain what drives this desire. All cities have to provide those affordable housing areas.
regional housing needs assessments. from sandag.
had to struggle to find sites that accommodate how many units carlsbad is required to have. supports increasing density around aareas goods and services and transit corridors.
Packards, states total units required by state? Neu just over 8000 units in all categories. WE do our fair share, good success for low income
density is availabe.. local ordinance is the 15% requirement.
packard, point wasn't recommending this high density to annoy residents but sacrament does some mandating to require high density housing. cbad tries to provide options for well rounded community. Hall-asked about growth management.
reveiwed excess units in density bank, council reduced by 2300 or so. bank balance of 6000 reduce to 2800 city council action. under gmp, we come up below the total number in the city.
facilities in community developed to handle all the units.
kulchin. asked neu to talk about growth management plan voted on by public in 1986. sandag originally said we would be around 200k people. projection. planned for around 135k for growth management plan expecting more like 115k to 120k population at buildlout.
lewis if council doesn't approve change recommendation. can those unit be switched to different aspects of the community? Neu said yes.
these units would have to go somewhere else in carlsbad if it isn't approved by council. if council defys the state in housing are there any repurcutions? asked ball- ball said yes there will be it's going on trial in pleasanton, litigation for not following that state mandate.
the state can dictate density? mayor asked ron said it's hard to say, what's going on in pleasant? it's a general city and we're charter city so that makes a differences. packrd-if we going with lower density, do we have to determine a reallocation of that tonight? Neu said not tonight.
asked developer to come up. Pat O'Day. staff did recommend to have high density. they went along, they think it's good use for the area. helps with state issues. BUT, if that's not possible, outlined in the letter apart of the record, they could recommend a lower density general plan ammendment, regarding walmart, refered to his letter.
mayor-will you accepted out decission? oday said yes. packard what are your differences in your ccrs and the ones ron ball suggestions 150ksf instead of ron's 100k. walmart starts at 180k sf. if you come up with a use for 150k it'll require site plan approval by council anyway. opend public hearing at 7:40 don burton
don burton, walkability of the project, flawed assumption. failed to consider steepness of the area. mayor stopped him and said talk about new stuff.
bruce ehlers, encinitas. opposed because of the additional traffic, even the reduction suggested doesn't help much. traffic mitigated proposal he submitted. alternate project could reduce the traffic by reducing square feet. make it residential instead of commercial.
Pat Bleha, carlsbad, responding to oday's lette of august 13. size of walmart is being disputed.
super walmart starts at 98k feet. regular walmart 55k sqft. spoke in opposition, also because of global warming.
global warming studies are too speculative, she said no in the city of encinitas.
leo carrillo ranch, known as a preservation, would have been horrified by the large development.
paul marangos. carlsbad, spoke in opposition. shocked and disappointed at what we're seeing last week. said they already said what they didn't like about the project. reiterated what they didn't like and proposed solutions and compromises. traffic, big box store, matter of public safety, too many cars with all the schools in that area. not safe for those who walk to school.
they aren't opposed to the center but want it scaled down. 25k people is just too big.
fred freeman, carlsbad, didn't speak last week. spoke in opposition. thinks council has already made their decision. referred to san elijo housing area which brought a lot of extra traffic and noise. please take public safety into account.
nancy curry, carlsbad, regarding traffic issues by the 3 schools in the area. spoke in opposition. asked for a pedestrian bridge.
ron deckter, carlsbad, spoke in opposition. the traffic eir is incorrect. don't certify the traffic study.
naomi alter, carlsbad, spoke in opposition to the project because of the big box store and traffic but this shopping center is too big.
diane nygaard, preserve calaver. spoke in opposition to the project. traffic and air quality. this shopping center is too big, but they are ok with the housing development. metn mayor-use support the housing element? she said said, high density is ok. not the shopping center.
francis regowitz, carlsbad, spoke in opposition. traffic, big box, and high density.
evelyn montalbano, carlsbad, against the big box store not really much any other part she has a problem with.
she said the commercial aspect doesn't fit with the surrounding.s
dolores welty, encinitas. spoke in opposition. doesn't like the big box store and it's not walkable. commercial area needs to be walkable.
fred sandquist, carlsbad, spoke in opposition. the reductions are good, but just the start. the project is too big for the site.
barbara elizabeth tice, carlsbad, spoke in opposition because of traffic.
jim mezra, carlsbad, 2 issues, high density and big box. those are the problems. real estate agents told home buyers in that area that shopping center like carlsbad forum not big box store. 25k traffic study, done in july when school traffic is obsolete. asked developer to do new traffic study for better accuracy.
dave calder, carlsbad, spoke in opposition to this project because there are no details to support or oppose. CCR's with restrictions, make them permanent not changable. keep it residential.
ellis diamond, carlsbad, asked council , once a project is approved, what control does council have to make sure what was approved is what was built? What if the project is sold to another developer? Will the rules stay the same?
closed the public hearing at 8:16.
5 minute break at 8:33
lynch, answered but i didn't catch it.
peski came back to talk about that road segment. widened the street the best it can topographic restraints. mayor asked for more clarification. can correct traffic during the school year by monitoring the intersections. Mayor, lady who refered to flipflopping the residential and commercial developments.
packard asked even if the counts were done during july, the study factors in school counts under sandag's model? Bilse said the model uses the actual number of students and actual dwelling units and sq ft. somewhat related with counts on the ground, then in sepearte analyst computer modeling. that takes school in session into accoutn. HAll-mr becker said spot in san marcos that failed. bilse said in general in every site there are override
mayor asked how we mitigate that situation. Van Peski, traffic engineers can answer. Doug Bilse came forward, standards are based on peak hours. there will be some congestion at beginning and end of day and it meets the standards used for the study. saying it isn't perfect, some lanes will fail but others flow ok. that's what the industry looks at is an average. signals coordinated to help mitigate this traffic. mayor asking if this will be monitored? he said school isn't looked at the same way, based on commute hours. not studied at school peak hours.
mayor, when schools in session, traffic is problem at beginning, lunch and end. says the question is very valid if the study is done off peak school time.
Hall, traffic report, asked neu to explain. Glen Van Peski, said done at various times of the year, but all future impacts are done by using sandag reports. it will take into account school schedules, holidays, etc etc.
neu also said that what council acts on gets carried through, the city keeps blue prints and followed through inspections. decisions made is what gets implements. CLOSED PUBLIC HEARING AT 8:20
hall, no details, asked for response. Neu to respond. ordinance requires over 4 units require planning commission review. if exceed 50 units than council has to weighin. would be public hearing again.
Kulchin, asked ron, can term entitlements go with the land? to develper? ball said yes
reconvened at 8:44
only discussing mobile homes it'll only be one hour study session. adjourned at 9:07.
no comment from
Ron, introduced the ordinance as amended. said RB needs to return with new documents and when it will be approved when council comes back in Sept. see memo from RB that's the amendment. "RM and open space" and reduce acreage of office space reflect project design ... see the memo. Council direct CA to return. Ann motioned as languaged by the CA, and they are certifiying the EIR, errated sheet 8/11/09 van lynch included in master plan. all returned to council at the next meeting. Hall second. 5/0
Kulchin, refered to Nygaard Lewis, ok with RM and ball's 100sq feet.
Packard said again, Mr. Ball if we had walked the property it needs to be disclosed. He said he walked it last week and meet with residents and staff. haven't heard anything or learned anything different than what has been presented. FOR THE RECORD.
Kulchin, met with residents and staff. RM designation, and she supports 98k sq feet.
Hall-council tries to approve quality project. will see the triangle again with specific plan agrees with RM-100sq feet.
packard-suggests lower density than MH go to medium density. looked at concepts of developer. MH are usually attached properties, M density is better. that's designation he wants. regarding commercial center-staff has agreed comfortable with 100k sqft and trusts staff recommendation would control big box concern. The other 3 issues taking action on-he's ok with.
blackburn said he has met with developer, residents and walked the site. pros and cons with every project. doesn't like dropping condo complex, doesn't like perseption of big box store. sensitive to needs for housing but doesn't really like high density in that area. would like to see a clean up, he agreed with ron balls recommendations. wants south corner of the triangle open space zone and office space zone needs cleaning up. likes the density on the triangle. with those changes supports the project.
more than local but not regional.
didn't catch that option about how developer could make those changes. mayor-local shopping center? neu said, explained there commercial catergory of general plan, anchor tennant daily goods and services. reference table 3.
packard, wants clarity on big box sq footage. asked planning to clarify. neu said typical walmart 100k+ sq feet done this study in the past couple years. mayor say council goes 90k sq ft but developer doesn't agree. how can it be adjusted? do they have to come back to council? neu said that portion of site plan is set at 98k.
mayor said if council wants to change the numbers they need to not do it from the dias.
asked ball to answer there questions. who ever buys the project subsequently has to follow the same rules enforced by inspections.
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