Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
LEGISLATIVE INVOCATION:
PLEDGE OF ALLEGIANCE:
hall
Special Meeting agenda.
Mark Stone and Glen Prium presented the presentation on file in the office of the city clerk.
Prayer by executive pastor Gary Webb.
state of emergency declared on october 1, 2009. divert sewer line, using a hiline or temporary line.
60-90 days to construct new sewer line. no change or issue with sewer service but there will be some traffic issues during construction.
thanked employees who worked round the clock to get this handled, also city of oceanside and vista and leucadia water district.
packard-was will the cost be in handling this issue. the emergency part is about $100-120k. a security firm hired to watch the site over night to keep it protected from further damage about $160k total. To Ball is there a way to recoup those costs? Ball said yes if done by vandals, it's a crime, those people would be responsible if adults or kids their parents wiould be responsible. they could offer reward for info leading to arrest. packard do we have history of offering award? Ball said very infrequent. but if council feels appropriate then the law allows us to offer award.
hall-was there a police report filed? what police action goes next to investigate. mark yes police report but he thinks most evidence was damaged during their repair work.
hall-the site is fenced and locked and those have been vandalized as well. lots of vandalism.
chief zoll-in dealing with the investigation. they'll look for evidence fingerprints, etc but probably no eyewitnesses because it's a remote area. the facility isn't used it's an attractive nuisance.
kulchin asked last questions and this one-more about award. Ball said council sets the amount. finance director holds those funds until chief says they have enough info to arrest, etc. packard-thought that youth vandals brag, etc. so award would offer motive to snitch on their friends.
other ways to do rewards, could use crime stoppers or that type of organization. they could bring back to council and city manager for the best way todo that. blackburn said time is of the essence, he motioned and hall seconded. set the amount at $10000, council concurred to set that amount and finance director holds funds until chief says enough info to arrest and for the funds to be released.
packard thanked city employees selfless service for their work. moved blackburn and passed the reso seconded by hall. 4-0
ann asked them to bring city workers to come back so they can thank them at a meeting.
adjourned at 6:16
APPROVAL OF MINUTES:
Minutes of the Special Meeting held September 10, 2009.
Minutes of the Regular Meeting held September 15, 2009.
Minutes of the Special Meeting held September 15, 2009.
Minutes of the Joint Special Meeting held September 15, 2009.
Minutes of the Regular Meeting held September 22, 2009.
PRESENTATIONS:
Blackburns motion was a minute motion.
Retirement Proclamation to Angel Reyes.
Ann asked Angel to come forward. Packard read the proclamation. Dedicated member of the city after 21 years is retiring.
she is willing to go above and beyond to help out.
Angel thanked council and is on a new journey to Texas.
Proclamation in Recognition of Fire Prevention Week.
Cindy Wong came forward to receive the proclamation, read by Council Member Blackburn.
Recognizing Fire Prevention Week. Cooking heating and electrical materials are the leading cause of home fires.
Fire department open house this satruday station 5 10-2?
October 4th-10th as Fire prevention week.
Jim Weigand came forward also and thanked Council for recognizing fire department and encouraged citizens to come to the fire open house from 10-2 on saturday the 10th.
All these people came to get into the picture.
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 #19,977 - REPORT ON CITY INVESTMENTS AS OF AUGUST 31, 2009. Accepting the City Treasurer's Report on City Investments as of August 31, 2009. ACTION:
AB 19,977
2. AB #19,978 - AMENDMENT TO REIMBURSEMENT AGREEMENT. Approving Amendment No. 1 to the Reimbursement Agreement with Western Pacific Housing - El Camino, LLC for the design and construction of Poinsettia Lane. Resolution No. 2009-238. ACTION:
AB 19,978
3. AB #19,979 - NOTICE OF COMPLETION. Accepting the construction of the Vista-Carlsbad Interceptor Sewer Manhole Rehabilitation Reaches VC13-VC15 as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 3949. Resolution No. 2009-239. ACTION:
AB 19,979
4. AB #19,980 - AMENDMENT TO AGREEMENT WITH RBF CONSULTING, INC. Approving Amendment No. 2 to the agreement with RBF Consulting, Inc., for technical review and plan check of the Poseidon Resources LLC desalination project, Agreement No. PWENG686. Resolution No. 2009-240. ACTION:
AB 19,980
5. AB #19,989 - AGREEMENT FOR SAFETY CENTER ACCESS CONTROL SYSTEM. Approving the agreement with JMC Inc., for the purchase, installation and maintenance of an access control system for the Safety Center. Resolution No. 2009-247. ACTION:
AB 19,989
6. AB #19,981 - APPROVAL OF ALGA NORTE PARK GRADING PLANS. Approving the plans and specifications for the grading of Alga Norte Community Park; and, authorizing the City Clerk to advertise for bids, Project No. 3837. Resolution No. 2009-241. ACTION:
consent calendar 4-0
AB 19,981
ORDINANCES FOR INTRODUCTION:
7. AB #19,990 - AMENDMENT TO THE CARLSBAD VILLAGE REDEVELOPMENT PLAN TO EXTEND EFFECTIVENESS TIME LIMIT. To consider amending the Carlsbad Village Area Redevelopment Plan to extend the effectiveness time limit for one (1) additional year pursuant to Assembly Bill 26 as codified in Health and Safety Code Section 33331.5 Introduction of Ordinance No. CS-060. ACTION:
City Attorney Ron Ball titled the ordinance. He explained that it isn't cool for the state to require redeveoplment agency to pay for schools but that has been ruled unconstitutional.
Stated that redevelopment manger was present to answer questions.
Hall is motioning and Packard seconding.
AB 19,990
8. AB #19,982 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO MOBILE HOME PARKS. To consider introducing and adopting Urgency Ordinance CS-061, amending Carlsbad Municipal Code Chapter 21.37 relating to conversions of existing mobile home parks from rental to residential ownership. ACTION:
Ron Ball explained and introduced the item. Associate Planner Kevin Pointer reviewed a power point presentation on file inthe office of the city clerk.
intorduce and adopt at the same meeting.
referred to his memo regarding the item.
requires 4/5 vote because it's an urgency vote.
matt moved and packard second.
Kevin Pointer was here for number 9 not 8. Lisa explained the code amendment. special council present also. the amendment regulated adult businesses.
Reviewed a powerpoint presentation on file in the office of the city clerk. amendments require license holder stating that they haven't experienced any sex related convictions within those time periods specified in the ordinance and case law.
introduce the ordinance, no questions from council, debra fox, special council.
meiers and nave? Explained findings and case law, referred to documentation that will be included in the record. THis ordinance has been on the books since 2005 and staff noticed a loophole to clarify. Ron titled the ordinance.
vote 4/0
hall motioned and mark second.
public comment
AB 19,982
9. AB #19,983 - ADULT BUSINESS LICENSES MUNICIPAL CODE AMENDMENT. To consider amending Title 8, Chapter 8.60, of the Carlsbad Municipal Code to specify that an adult business license may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions. Introduction of Ordinance CS-062. ACTION:
AB 19,983
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
walt meier, came forward to address council. how big is a big box? referred to la costa town square. he doesn't like the size of big box requirements. spoke in opposition to the size of big box stores in carlsbad.
westfield mall, whole foods and antique mall, that should go into the mall. also the sewer line, said he sees teenagers hanging around in that area where the trouble occured.
Julie Baker, representing community group Power of Vision. showed the new website give public info about the power plant opposotion. referred to you tube video they have posted, www.powerofvisioncarlsbad.com 2300 residents of north county and orange county have signed a petition objecting to the new power plant proposal.
Kerry Siekman, carlsbad, came forward to address Council. Ms. Siekman spoke regarding power of vision and terramar, air pollution hearing board, regarding final determination of compliance, it's the air document from air pollution control district, hoped for a public meeting to discuss those findings. The CEC has the hearing and they can make changes to this document at any time, even if it's call the final hearing. when it's over the public can't do antyhing about it except going to superior court. hearing on thursday the 8th.
PUBLIC HEARINGS:
10. AB #19,984 - ADULT BUSINESSES ORDINANCE. To consider amending Title 21 of the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in chapters 21.30 (C-M Heavy Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending chapter 21.44 (Parking) by revising the joint use parking provisions; and, To consider approving Local Coastal Program Amendment LCPA 06-04 to ensure consistency with the Zoning Ordinance, based upon the findings contained therein. Introduction of Ordinance No. CS-063. Resolution No. 2009-242. ACTION:
City Manager is companion item to number 9 to consider adopting adult business ordinance. kevin pointer associate planner, reviewed a power point presentation, on file in the office ofthe city clerk.
Ms. Fox will comment on the legal standards of the ordinance, types and methods for regulating zoning. dispersal, distance from sensitive uses and from tother adult businesses. concentration adult uses are all located in one area.
genuine possibiltiy the sie is potentially available. reason range of alternative signs. reasonably accessible to general public if in mangucaturing zones. [rp[er omfrastrictire of om , manufacturing zones, serce a general commercial purpose if in manufacturing zone, commercially zoned.
they meet reasonableness zoning. looked at our community specifically. and land use breakdown.
vacancy rates by use industrial 26% office 28% and retail 19%. overall rate is 19%.
they are far from other adult uses and from areas where kids and families gather and from religious institutions.
must meet buffer requirements, there are only 52 sites even available to use for adult business uses.
each adult business must be 1000 feet from another adult business.
important to look at specific demographics for our city.
packard asked-magic number of site, in your study, part of the criteria, based on demand also for this type of business. the city's business license record hasn't received any application since 1989 or somthing and almost zero demand in this city.
if one of the criteria is market demand, and we don't have demand, can we lower the number we would tolerate. she said no. those types of businesses are protected and they can be allowed if they meet all the city requirements.
9 businesses is our limit based on reasonableness standard. packard second question, referring back to planning commission hearing, would this ordinace remove any decritionary permit process.
fox said they tried to cleanse the ordinance of that. unbridled descretion. previously addressed this issue in 2008, they did try to really regulate this. city current regulations said requried to share parking agreement. planning comm has to evaluate descritationry review, then planning director would have the screening ability. 7pm opened the hearing.
seeing no one wishing to speak closed the hearing at 7pm
ron titled the ordinance.
vote 4/0
AB 19,984
11. AB #19,985 - TABATA RANCH. To consider approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and addendum, approval of General Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), Specific Plan Amendment (SP 203(c)), and Local Coastal Program Amendment (LCPA 06-03) for the demolition of an existing single-family home, and for the subdivision and grading of a 2.9 acre site into eight lots (5 residential and 3 open space lots) on property generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive. Introduction of Ordinance No. CS-064. Introduction of Ordinance No. CS-065. Resolution No. 2009-243. ACTION:
Jason Goff, associate planner reviewed a PowerPoint Presentation on file in the office of the city clerk. Site consists of three parcel, zone 20 specific plan area, application is asking for the zoning amendments. these actions are also with other permits. approval would allow grading and developing custom single family homes, infill because its got other houses surrounding the site.
site is considered highly disturbed after grading, hillside lot, proposed lots. large lots, project required approval of zone changes.
the exist land use designation requires more housing units and this amendment would lower the housing units. excess housing units would go into the housing bank. rm to rlm and proposed subdivision is fewer that housing element required. this land use change can be considered.
project is located in the coastal zone, so local coastal program zoning change is also needed. lots of zoning changes to approve the project. planning commission held hearing and no one spoke at that hearing, no objections, staff recommends adopting the reso and introduce ordinance.
public hearing at 7:09 opened. no one wishing to speak at 7:09.
ron titled the ordinances. matt moved to adopted the reso and mark seconded.
vote 4-0
AB 19,985
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT
7:12 adjourned
CITY OF CARLSBAD CITY COUNCIL
AND MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
OCTOBER 6, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held September 15, 2009. (Board only)
Minutes of the Special Meeting held September 22, 2009. (Board only)
minutes approved
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.
12. AB #19,986 - MASTER AGREEMENTS FOR PROFESSIONAL ENGINEERING SERVICES. Council: Approving master agreements with Affordable Drain Service; AIRX Utility Surveyors, Inc.; Anderson & Brabant, Inc.; BHA, Inc.; CH2M Hill, Inc.; Dudek; Geocon, Inc.; Hendrickson Appraisal Co, Inc.; KOA Corporation; Krieger & Stewart; LSA Associates, Inc.; Ninyo & Moore; MW Peltz + Associates, Inc.; Right-of-Way Engineering Services; RBF Consulting, Inc.; and Simon Wong; to provide professional services; and, Board: Approving master agreements for professional services with Infrastructure Engineering Corp. and AECOM USA, Inc. Board Resolution No. 1377. ACTION: Council Resolution No. 2009-244.
leave at 7:13
AB 19,986
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #19,987 - CARLSBAD LEARNING CENTER REPORT. To receive a presentation on the Carlsbad City Library Learning Center. ACTION:
Heather Pizzuto library director Suzanne Smithson reviewed a power point presentation, on file in the office of the city clerk.
learning center is one year old, principal library callie, lizette simonson, carrie scott, look up their titles. projgram established in 84. provide english speaking adults assistance with reading writing and computer skills, bilingual services, program established in 1991 library and information services and programs in english and spanish.
volunteer tutors to help learners success. based on their own goals and don't graduate.
centro de informacion is now housed in the library learning center. bilingual services. homework zones, reading clubs, toddler story time, computer access and classes taught in english and spanish. comfortable gathering place, new facilities is dream come true.
28k visitors, 8800 reference questions answered, 12400 hours of colunteer service, 1200 k-12 students assisted in the homework zone, 100 adults receied tweice weekly literacy instruction, 32% increase in computer use, fall 2008 to spring 2009, triple the participants in 2009 summer reading program over 2008.
classroom setting with computers and in the tutor area.
summer reading program for adults and babies.
library participant Neila henry to share her story. she came forward, since 2003 she's been in the program. She was illiterate, graduated from high school but couldn't read. she had a job and finally told her boss that she couldn't read. he told her about the reading program and she had the support of her family and boss she learned how to read, do math and to write.
she has confidence in learning more and continuing her education. reading street signs and reading menu or are tasks she can do now. she now helps by letting others know of the help available to them.
Packard asked-slide said over 12000 hours of volunteers, how many tutors is that. she said over 100 tutors. in the literacy program. bilingual program, are there determined goals? learning in spanish then transitioning to english. they don't set goals quite the same for the bilingual group, it isn't documented the same in the literacy program. blackburn-invited to share some stories of the learners in the literacy program. this sounds impressive, but when you hear real people's stories it hits home. hall said thanks for all you've accomplished.
kulchin said thanks to all of them.
packard said, this was not an easy decision for the city commit the resources to this program. they see the outcome of this decision and it's wonderful success story.
AB 19,987
14. AB #19,988 - SENIOR COMMISSION APPOINTMENTS. To consider appointing two members to the Senior Commission. Resolution No. 2009-245. Resolution No. 2009-246. ACTION:
made those appointments.
vote 4-0
7:30 adjourned
Ab 19,988
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.
Oct 06, 2009 City Council and Carlsbad Municipal Water District Board Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
LEGISLATIVE INVOCATION:
PLEDGE OF ALLEGIANCE:
hall
Special Meeting agenda.
Mark Stone and Glen Prium presented the presentation on file in the office of the city clerk.
Prayer by executive pastor Gary Webb.
state of emergency declared on october 1, 2009. divert sewer line, using a hiline or temporary line.
60-90 days to construct new sewer line. no change or issue with sewer service but there will be some traffic issues during construction.
thanked employees who worked round the clock to get this handled, also city of oceanside and vista and leucadia water district.
packard-was will the cost be in handling this issue. the emergency part is about $100-120k. a security firm hired to watch the site over night to keep it protected from further damage about $160k total. To Ball is there a way to recoup those costs? Ball said yes if done by vandals, it's a crime, those people would be responsible if adults or kids their parents wiould be responsible. they could offer reward for info leading to arrest. packard do we have history of offering award? Ball said very infrequent. but if council feels appropriate then the law allows us to offer award.
hall-was there a police report filed? what police action goes next to investigate. mark yes police report but he thinks most evidence was damaged during their repair work.
hall-the site is fenced and locked and those have been vandalized as well. lots of vandalism.
chief zoll-in dealing with the investigation. they'll look for evidence fingerprints, etc but probably no eyewitnesses because it's a remote area. the facility isn't used it's an attractive nuisance.
kulchin asked last questions and this one-more about award. Ball said council sets the amount. finance director holds those funds until chief says they have enough info to arrest, etc. packard-thought that youth vandals brag, etc. so award would offer motive to snitch on their friends.
other ways to do rewards, could use crime stoppers or that type of organization. they could bring back to council and city manager for the best way todo that. blackburn said time is of the essence, he motioned and hall seconded. set the amount at $10000, council concurred to set that amount and finance director holds funds until chief says enough info to arrest and for the funds to be released.
packard thanked city employees selfless service for their work. moved blackburn and passed the reso seconded by hall. 4-0
ann asked them to bring city workers to come back so they can thank them at a meeting.
adjourned at 6:16
APPROVAL OF MINUTES:
Minutes of the Special Meeting held September 10, 2009.
Minutes of the Regular Meeting held September 15, 2009.
Minutes of the Special Meeting held September 15, 2009.
Minutes of the Joint Special Meeting held September 15, 2009.
Minutes of the Regular Meeting held September 22, 2009.
PRESENTATIONS:
Blackburns motion was a minute motion.
Retirement Proclamation to Angel Reyes.
Ann asked Angel to come forward. Packard read the proclamation. Dedicated member of the city after 21 years is retiring.
she is willing to go above and beyond to help out.
Angel thanked council and is on a new journey to Texas.
Proclamation in Recognition of Fire Prevention Week.
Cindy Wong came forward to receive the proclamation, read by Council Member Blackburn.
Recognizing Fire Prevention Week. Cooking heating and electrical materials are the leading cause of home fires.
Fire department open house this satruday station 5 10-2?
October 4th-10th as Fire prevention week.
Jim Weigand came forward also and thanked Council for recognizing fire department and encouraged citizens to come to the fire open house from 10-2 on saturday the 10th.
All these people came to get into the picture.
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 #19,977 - REPORT ON CITY INVESTMENTS AS OF AUGUST 31, 2009. Accepting the City Treasurer's Report on City Investments as of August 31, 2009. ACTION:
AB 19,977
2. AB #19,978 - AMENDMENT TO REIMBURSEMENT AGREEMENT. Approving Amendment No. 1 to the Reimbursement Agreement with Western Pacific Housing - El Camino, LLC for the design and construction of Poinsettia Lane. Resolution No. 2009-238. ACTION:
AB 19,978
3. AB #19,979 - NOTICE OF COMPLETION. Accepting the construction of the Vista-Carlsbad Interceptor Sewer Manhole Rehabilitation Reaches VC13-VC15 as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 3949. Resolution No. 2009-239. ACTION:
AB 19,979
4. AB #19,980 - AMENDMENT TO AGREEMENT WITH RBF CONSULTING, INC. Approving Amendment No. 2 to the agreement with RBF Consulting, Inc., for technical review and plan check of the Poseidon Resources LLC desalination project, Agreement No. PWENG686. Resolution No. 2009-240. ACTION:
AB 19,980
5. AB #19,989 - AGREEMENT FOR SAFETY CENTER ACCESS CONTROL SYSTEM. Approving the agreement with JMC Inc., for the purchase, installation and maintenance of an access control system for the Safety Center. Resolution No. 2009-247. ACTION:
AB 19,989
6. AB #19,981 - APPROVAL OF ALGA NORTE PARK GRADING PLANS. Approving the plans and specifications for the grading of Alga Norte Community Park; and, authorizing the City Clerk to advertise for bids, Project No. 3837. Resolution No. 2009-241. ACTION:
consent calendar 4-0
AB 19,981
ORDINANCES FOR INTRODUCTION:
7. AB #19,990 - AMENDMENT TO THE CARLSBAD VILLAGE REDEVELOPMENT PLAN TO EXTEND EFFECTIVENESS TIME LIMIT. To consider amending the Carlsbad Village Area Redevelopment Plan to extend the effectiveness time limit for one (1) additional year pursuant to Assembly Bill 26 as codified in Health and Safety Code Section 33331.5 Introduction of Ordinance No. CS-060. ACTION:
City Attorney Ron Ball titled the ordinance. He explained that it isn't cool for the state to require redeveoplment agency to pay for schools but that has been ruled unconstitutional.
Stated that redevelopment manger was present to answer questions.
Hall is motioning and Packard seconding.
AB 19,990
8. AB #19,982 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO MOBILE HOME PARKS. To consider introducing and adopting Urgency Ordinance CS-061, amending Carlsbad Municipal Code Chapter 21.37 relating to conversions of existing mobile home parks from rental to residential ownership. ACTION:
Ron Ball explained and introduced the item. Associate Planner Kevin Pointer reviewed a power point presentation on file inthe office of the city clerk.
intorduce and adopt at the same meeting.
referred to his memo regarding the item.
requires 4/5 vote because it's an urgency vote.
matt moved and packard second.
Kevin Pointer was here for number 9 not 8. Lisa explained the code amendment. special council present also. the amendment regulated adult businesses.
Reviewed a powerpoint presentation on file in the office of the city clerk. amendments require license holder stating that they haven't experienced any sex related convictions within those time periods specified in the ordinance and case law.
introduce the ordinance, no questions from council, debra fox, special council.
meiers and nave? Explained findings and case law, referred to documentation that will be included in the record. THis ordinance has been on the books since 2005 and staff noticed a loophole to clarify. Ron titled the ordinance.
vote 4/0
hall motioned and mark second.
public comment
AB 19,982
9. AB #19,983 - ADULT BUSINESS LICENSES MUNICIPAL CODE AMENDMENT. To consider amending Title 8, Chapter 8.60, of the Carlsbad Municipal Code to specify that an adult business license may be denied, suspended or revoked based on the license applicant's/holder's history of misdemeanor or felony sex-related convictions. Introduction of Ordinance CS-062. ACTION:
AB 19,983
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
walt meier, came forward to address council. how big is a big box? referred to la costa town square. he doesn't like the size of big box requirements. spoke in opposition to the size of big box stores in carlsbad.
westfield mall, whole foods and antique mall, that should go into the mall. also the sewer line, said he sees teenagers hanging around in that area where the trouble occured.
Julie Baker, representing community group Power of Vision. showed the new website give public info about the power plant opposotion. referred to you tube video they have posted, www.powerofvisioncarlsbad.com 2300 residents of north county and orange county have signed a petition objecting to the new power plant proposal.
Kerry Siekman, carlsbad, came forward to address Council. Ms. Siekman spoke regarding power of vision and terramar, air pollution hearing board, regarding final determination of compliance, it's the air document from air pollution control district, hoped for a public meeting to discuss those findings. The CEC has the hearing and they can make changes to this document at any time, even if it's call the final hearing. when it's over the public can't do antyhing about it except going to superior court. hearing on thursday the 8th.
PUBLIC HEARINGS:
10. AB #19,984 - ADULT BUSINESSES ORDINANCE. To consider amending Title 21 of the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in chapters 21.30 (C-M Heavy Commercial-Limited Industrial Zone), 21.32 (M Industrial Zone), and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending chapter 21.44 (Parking) by revising the joint use parking provisions; and, To consider approving Local Coastal Program Amendment LCPA 06-04 to ensure consistency with the Zoning Ordinance, based upon the findings contained therein. Introduction of Ordinance No. CS-063. Resolution No. 2009-242. ACTION:
City Manager is companion item to number 9 to consider adopting adult business ordinance. kevin pointer associate planner, reviewed a power point presentation, on file in the office ofthe city clerk.
Ms. Fox will comment on the legal standards of the ordinance, types and methods for regulating zoning. dispersal, distance from sensitive uses and from tother adult businesses. concentration adult uses are all located in one area.
genuine possibiltiy the sie is potentially available. reason range of alternative signs. reasonably accessible to general public if in mangucaturing zones. [rp[er omfrastrictire of om , manufacturing zones, serce a general commercial purpose if in manufacturing zone, commercially zoned.
they meet reasonableness zoning. looked at our community specifically. and land use breakdown.
vacancy rates by use industrial 26% office 28% and retail 19%. overall rate is 19%.
they are far from other adult uses and from areas where kids and families gather and from religious institutions.
must meet buffer requirements, there are only 52 sites even available to use for adult business uses.
each adult business must be 1000 feet from another adult business.
important to look at specific demographics for our city.
packard asked-magic number of site, in your study, part of the criteria, based on demand also for this type of business. the city's business license record hasn't received any application since 1989 or somthing and almost zero demand in this city.
if one of the criteria is market demand, and we don't have demand, can we lower the number we would tolerate. she said no. those types of businesses are protected and they can be allowed if they meet all the city requirements.
9 businesses is our limit based on reasonableness standard. packard second question, referring back to planning commission hearing, would this ordinace remove any decritionary permit process.
fox said they tried to cleanse the ordinance of that. unbridled descretion. previously addressed this issue in 2008, they did try to really regulate this. city current regulations said requried to share parking agreement. planning comm has to evaluate descritationry review, then planning director would have the screening ability. 7pm opened the hearing.
seeing no one wishing to speak closed the hearing at 7pm
ron titled the ordinance.
vote 4/0
AB 19,984
11. AB #19,985 - TABATA RANCH. To consider approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and addendum, approval of General Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), Specific Plan Amendment (SP 203(c)), and Local Coastal Program Amendment (LCPA 06-03) for the demolition of an existing single-family home, and for the subdivision and grading of a 2.9 acre site into eight lots (5 residential and 3 open space lots) on property generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive. Introduction of Ordinance No. CS-064. Introduction of Ordinance No. CS-065. Resolution No. 2009-243. ACTION:
Jason Goff, associate planner reviewed a PowerPoint Presentation on file in the office of the city clerk. Site consists of three parcel, zone 20 specific plan area, application is asking for the zoning amendments. these actions are also with other permits. approval would allow grading and developing custom single family homes, infill because its got other houses surrounding the site.
site is considered highly disturbed after grading, hillside lot, proposed lots. large lots, project required approval of zone changes.
the exist land use designation requires more housing units and this amendment would lower the housing units. excess housing units would go into the housing bank. rm to rlm and proposed subdivision is fewer that housing element required. this land use change can be considered.
project is located in the coastal zone, so local coastal program zoning change is also needed. lots of zoning changes to approve the project. planning commission held hearing and no one spoke at that hearing, no objections, staff recommends adopting the reso and introduce ordinance.
public hearing at 7:09 opened. no one wishing to speak at 7:09.
ron titled the ordinances. matt moved to adopted the reso and mark seconded.
vote 4-0
AB 19,985
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND MUNICIPAL WATER DISTRICT
7:12 adjourned
CITY OF CARLSBAD CITY COUNCIL
AND MUNICIPAL WATER DISTRICT
JOINT SPECIAL MEETING AGENDA
OCTOBER 6, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held September 15, 2009. (Board only)
Minutes of the Special Meeting held September 22, 2009. (Board only)
minutes approved
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.
12. AB #19,986 - MASTER AGREEMENTS FOR PROFESSIONAL ENGINEERING SERVICES. Council: Approving master agreements with Affordable Drain Service; AIRX Utility Surveyors, Inc.; Anderson & Brabant, Inc.; BHA, Inc.; CH2M Hill, Inc.; Dudek; Geocon, Inc.; Hendrickson Appraisal Co, Inc.; KOA Corporation; Krieger & Stewart; LSA Associates, Inc.; Ninyo & Moore; MW Peltz + Associates, Inc.; Right-of-Way Engineering Services; RBF Consulting, Inc.; and Simon Wong; to provide professional services; and, Board: Approving master agreements for professional services with Infrastructure Engineering Corp. and AECOM USA, Inc. Board Resolution No. 1377. ACTION: Council Resolution No. 2009-244.
leave at 7:13
AB 19,986
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #19,987 - CARLSBAD LEARNING CENTER REPORT. To receive a presentation on the Carlsbad City Library Learning Center. ACTION:
Heather Pizzuto library director Suzanne Smithson reviewed a power point presentation, on file in the office of the city clerk.
learning center is one year old, principal library callie, lizette simonson, carrie scott, look up their titles. projgram established in 84. provide english speaking adults assistance with reading writing and computer skills, bilingual services, program established in 1991 library and information services and programs in english and spanish.
volunteer tutors to help learners success. based on their own goals and don't graduate.
centro de informacion is now housed in the library learning center. bilingual services. homework zones, reading clubs, toddler story time, computer access and classes taught in english and spanish. comfortable gathering place, new facilities is dream come true.
28k visitors, 8800 reference questions answered, 12400 hours of colunteer service, 1200 k-12 students assisted in the homework zone, 100 adults receied tweice weekly literacy instruction, 32% increase in computer use, fall 2008 to spring 2009, triple the participants in 2009 summer reading program over 2008.
classroom setting with computers and in the tutor area.
summer reading program for adults and babies.
library participant Neila henry to share her story. she came forward, since 2003 she's been in the program. She was illiterate, graduated from high school but couldn't read. she had a job and finally told her boss that she couldn't read. he told her about the reading program and she had the support of her family and boss she learned how to read, do math and to write.
she has confidence in learning more and continuing her education. reading street signs and reading menu or are tasks she can do now. she now helps by letting others know of the help available to them.
Packard asked-slide said over 12000 hours of volunteers, how many tutors is that. she said over 100 tutors. in the literacy program. bilingual program, are there determined goals? learning in spanish then transitioning to english. they don't set goals quite the same for the bilingual group, it isn't documented the same in the literacy program. blackburn-invited to share some stories of the learners in the literacy program. this sounds impressive, but when you hear real people's stories it hits home. hall said thanks for all you've accomplished.
kulchin said thanks to all of them.
packard said, this was not an easy decision for the city commit the resources to this program. they see the outcome of this decision and it's wonderful success story.
AB 19,987
14. AB #19,988 - SENIOR COMMISSION APPOINTMENTS. To consider appointing two members to the Senior Commission. Resolution No. 2009-245. Resolution No. 2009-246. ACTION:
made those appointments.
vote 4-0
7:30 adjourned
Ab 19,988
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.
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