Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (4 Present, 1 Absent, 0 Excused) (Recorded at 00:04:05)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:04:48)
Matt absent on April 6
MPT announced that agenda item #23 will be pulled before the consent calendar.
Minutes of the Special Meeting held March 16, 2010.
Minutes of the Special Meeting held April 6, 2010.
Minutes of the Regular Meeting held April 6, 2010.
Minutes of the Regular Meeting held April 13, 2010.
Minutes of the Special Meeting held April 15, 2010.
PRESENTATION:
Proclamation presentation in recognition of Respect for Law Week.
Council Member Packard presented the proclamation recognizing Respect for Law Week to Kevin Radcliff, representing the Carlsbad Optimist Club.
Mr. Radcliff thanked Council for the proclamation and invited citizens to contact the Carlsbad Optimist Club if interested in assisting local youth.
Proclamation presentation in recognition of Law Enforcement Memorial Day.
Council Member Blackburn presented a proclamation to Captain Bill Rowland and Neil Galucci recognizing Law Enforcement Memorial Day.
Captain Calucci thanked Council for its recognition. Recognized Deputy Collier and ??? naming this week in their honor. Captain Rowland thanked Council for its recognition.
Council Member Hall recused himself from the dias due to a potential conflict of interest.
23. AB #20,217 - PRESENTATION FROM CARLSBAD VILLAGE ASSOCIATION. To receive a presentation from Robin Young, Executive Director of the Carlsbad Village Association relating to a proposed project to utilize the property at 405 Oak Avenue. ACTION:
AB #20,217
Robin Young representing the Carlsbad Village Business Association gave a PowerPoint presentation (on file in the Office of the City Clerk). Also prsenting is Mike ??? and Mickey Bukavich (Sp??) representing the Tony Hawk Foundation.
Mike McIntyre, President of ASD , landscape architect worked w/Robin on the site plan. Also continued the PowerPoint presentation.
Ms. Young submitted a petition to the City with over 2,000 signatures in support of the proposed skate park/cultural site.
MPT Kulchin asked if Ms. YOung was speaking on behalf of the CVA.
cm pACKARD ASKED mS. yoUNG IS SHE HAS SPOKEN TO STAFF REGARDING VACATING THE PROPERTY TIMELINES.
Ms. Young replied that she sunderstand the vacation could take place in 18 months or 3 years.
CM Blackburn asked for an explaination of the CVA wanting the skateboarders downtown.
Ms. Young stated that the thought process is that less traffic will be generated downtown because it is in a secluded area and accessible via bus, train routes.
CM Blackburn asked about the incorporation of other sports in the proposal or just limit the project to skateboarding.
Mike Brooker came forward to address Council. Expressed support.
Dylan Howes expressed support for the project.
Desiree Storga came forward to address Council. She expressed support for the project.
Dave Castilla came forward and expressed support for the project.
John Wantz came forward to address Council. Mr. Wantz spoke in support of the project.
Justin ??? came forward and expressed support for the project.
Oliver Flores spoke in support of the project.
Jay Corales president of the CVA spoke in support of the project. Read comments from Ophie Escobedo and Connie Trejo in support of the project.
City Manager Lisa Hildabrand stgated Debbie Fountain would be contacting those in support of the project and working with the community to develop plans for the area.
Council Membver ahll returned to the dias 6:46.
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.
MPT Kulchin stated item no. 2 would be pulled.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Council Member Hall, seconded by .
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:49:38)
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 #20,199 - ACCEPTANCE OF DONATION. Accepting a donation from Motion Events to the Carlsbad City Library literacy program; and, authorizing the appropriation of donated funds. Resolution No. 2010-085. ACTION:
AB #20,199
2. AB #20,200 - ACCEPTANCE OF IN-KIND DONATION . Accepting an in-kind donation from Jamie Kallweit in support of Leo Carrillo Ranch. Resolution No. 2010-086. ACTION:
AB #20,200
Kevin Granse Recreation Area Manager with Mick Calarco came forward to make the presentation to Council.
The donation of the ermine coat would be used for educational purposes at the Ranch and with schools.
Motion to approve 2. AB #20,200 - ACCEPTANCE OF IN-KIND DONATION . Accepting an in-kind donation from Jamie Kallweit in support of Leo Carrillo Ranch. Resolution No. 2010-086. ACTION: Moved by Council Member Hall, seconded by .
Vote to approve 2. AB #20,200 - ACCEPTANCE OF IN-KIND DONATION . Accepting an in-kind donation from Jamie Kallweit in support of Leo Carrillo Ranch. Resolution No. 2010-086. ACTION: (Approved) (Recorded at 00:52:59)
3. AB #20,201 - APPROVE GRANT REQUESTS. Approving three grant requests from the Carltas Company to provide aid to the flower growing operations of the Flower Fields at Carlsbad Ranch; and, authorizing the appropriation of grant funds. Resolution No. 2010-087. ACTION:
AB #20,201
4. AB #20,202 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 1 to the agreement with Harris and Associates Inc. to provide engineering and design services for the Corrugated Metal Replacement Pipe Program, Project No. 6607. Resolution No. 2010-088. ACTION:
AB #20,202
5. AB #20,203 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 9 to the agreement with Dudek for construction phase environmental services for the Rancho Santa Fe Road Wetlands Mitigation Project. Resolution No. 2010-089. ACTION:
AB #20,203
6. AB #20,204 - APPROVE RATIFICATION OF AMENDMENT TO AGREEMENT. Approving the ratification of Amendment No. 3 to the agreement with Brown and Caldwell, Inc. to provide engineering and design services for the Buena Vista Lift Station Forcemain, Project No. 5508 (VC4). Resolution No. 2010-090. ACTION:
AB #20,204
7. AB #20,205 - ACCEPTANCE OF FEDERAL GRANT FUNDS. Accepting Federal Grant Funds through the Urban Area Security Initiative Grant Program for domestic disaster preparedness for incidents of terrorism. Resolution No. 2010-091. ACTION:
AB #20,205
8. AB #20,206 - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for repair and stabilization of a road fill failure along the number two lane of Carlsbad Boulevard Southbound, southerly of the Encinas Creek Bridge; and, appropriating additional funds, Project No. 6032. Resolution No. 2010-092. ACTION:
AB #20,206
9. AB #20,207 - NOTICE OF COMPLETION. Accepting the construction of the 2009 Pavement Overlay as complete, and directing the City Clerk to record the Notice of Completion, Project No 6001-09OL. Resolution No. 2010-093. ACTION:
AB #20,207
10. AB #20,208 - ACCEPTANCE OF CONSERVATION EASEMENT. Accepting a conservation easement for property located on the Southeast corner of Palomar Airport Road and Aviara Parkway in Local Facilities Management Zone 5, SDP 03-01. Resolution No. 2010-094. ACTION:
AB #20,208
ORDINANCE FOR INTRODUCTION:
This item was continued from the Meeting of April 13, 2010.
11. AB #20,179 - AMEND CARLSBAD MUNICIPAL CODE REGARDING QUALIFICATIONS FOR CITY TREASURER. To consider adding Section2.08.022 to the Carlsbad Municipal Code, establishing certain minimum criteria for eligibility for the elected office of City Treasurer. Introduction of Ordinance No. CS-080. ACTION:
AB #20,179
ORDINANCES FOR ADOPTION:
12. AB #20,209 - ESTABLISHMENT OF A PAY FIRST LITIGATE LATER RULE. Adopting Ordinance No. CS-081, amending the Carlsbad Municipal Code, Section 3.12.120, establishing a pay first litigate later rule in order to protect tax and fee revenue. ACTION:
AB #20,209
City Attorney Ron Ball titled the Ordinance.
Motion to approve 12. AB #20,209 - ESTABLISHMENT OF A PAY FIRST LITIGATE LATER RULE. Adopting Ordinance No. CS-081, amending the Carlsbad Municipal Code, Section 3.12.120, establishing a pay first litigate later rule in order to protect tax and fee revenue. ACTION: Moved by Council Member Hall, seconded by .
Vote to approve 12. AB #20,209 - ESTABLISHMENT OF A PAY FIRST LITIGATE LATER RULE. Adopting Ordinance No. CS-081, amending the Carlsbad Municipal Code, Section 3.12.120, establishing a pay first litigate later rule in order to protect tax and fee revenue. ACTION: (Approved) (Recorded at 00:53:56)
13. 20,210 - AMEND TITLES 15, 18 AND 20 OF THE CARLSBAD MUNICIPAL CODE. Adopting Ordinance Nos. CS-084, CS-085, CS-086, CS-087 and CS-088, amending Title 15, Chapter 15.08; Title 18, Chapters 18.40 and 18.42; and Title 20, Chapters 20.12 and 20.28 to allow for the deferral of a planned local drainage fee, to allow the city to accept rights-of-way with subordination agreements, to include the definitions of "single-family detached,""condominium," and "apartments" for use in the assessment of traffic impact fees, to allow the total combined time for extensions of phased final maps not to exceed sixteen years, and to remove an exemption from improvements no longer contained in the Subdivision Map Act. ACTION:
AB #20,210
City Attorney Ron Ball titled the Ordinances.
Motion to approve 13. 20,210 - AMEND TITLES 15, 18 AND 20 OF THE CARLSBAD MUNICIPAL CODE. Adopting Ordinance Nos. CS-084, CS-085, CS-086, CS-087 and CS-088, amending Title 15, Chapter 15.08; Title 18, Chapters 18.40 and 18.42; and Title 20, Chapters 20.12 and 20.28 to allow for the deferral of a planned local drainage fee, to allow the city to accept rights-of-way with subordination agreements, to include the definitions of "single-family detached,""condominium," and "apartments" for use in the assessment of traffic impact fees, to allow the total combined time for extensions of phased final maps not to exceed sixteen years, and to remove an exemption from improvements no longer contained in the Subdivision Map Act. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 13. 20,210 - AMEND TITLES 15, 18 AND 20 OF THE CARLSBAD MUNICIPAL CODE. Adopting Ordinance Nos. CS-084, CS-085, CS-086, CS-087 and CS-088, amending Title 15, Chapter 15.08; Title 18, Chapters 18.40 and 18.42; and Title 20, Chapters 20.12 and 20.28 to allow for the deferral of a planned local drainage fee, to allow the city to accept rights-of-way with subordination agreements, to include the definitions of "single-family detached,""condominium," and "apartments" for use in the assessment of traffic impact fees, to allow the total combined time for extensions of phased final maps not to exceed sixteen years, and to remove an exemption from improvements no longer contained in the Subdivision Map Act. ACTION: (Approved) (Recorded at 00:56:55)
14. AB #20,211 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS- 082, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Sierra Morena Avenue at its intersection with Chestnut Avenue (North and South) and Valewood Avenue. ACTION:
AB #20,211
City Attorney Ron Ball titled the Ordinance.
Motion to approve 14. AB #20,211 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS- 082, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Sierra Morena Avenue at its intersection with Chestnut Avenue (North and South) and Valewood Avenue. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 14. AB #20,211 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS- 082, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Sierra Morena Avenue at its intersection with Chestnut Avenue (North and South) and Valewood Avenue. ACTION: (Approved) (Recorded at 00:57:47)
15. AB #20,212 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS-083, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Donna Drive at its intersection with Falcon Drive and at Gayle Way; Basswood Avenue at its intersection with Belle Lane; Belle Lane at its intersection with Basswood Avenue; Gayle Way at its intersection with Ann Drive; and Ann Drive at its intersection with Gayle Way. ACTION:
AB #20,212
City Attorney Ron Ball titled the Ordinance.
Motion to approve 15. AB #20,212 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS-083, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Donna Drive at its intersection with Falcon Drive and at Gayle Way; Basswood Avenue at its intersection with Belle Lane; Belle Lane at its intersection with Basswood Avenue; Gayle Way at its intersection with Ann Drive; and Ann Drive at its intersection with Gayle Way. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 15. AB #20,212 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS-083, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Donna Drive at its intersection with Falcon Drive and at Gayle Way; Basswood Avenue at its intersection with Belle Lane; Belle Lane at its intersection with Basswood Avenue; Gayle Way at its intersection with Ann Drive; and Ann Drive at its intersection with Gayle Way. ACTION: (Approved) (Recorded at 00:58:47)
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.
Mel Brown of Carlsbad came forward to address Council. Mr. Brown spoke about the retirement program for safety personnel (police). He stated that the pay grade is lower than some neighboring cities. He stated that the Council's plan is destructive - will negatively affect the city and put citizens at risk.
Mike McFadden of Carlsbad came forward to address Council. Mr. McFadden shared the President of the United States's proclamation of Donate an Organ Month for the month of April. Mr. McFadden spoke in support of organ donation. Mr. McFadden urged the public to sign up to be organ donors.
Pete Pasqual representing the Carlsbad Police Officers' Association came forward to address Council. Mr. Pasqual spoke in opposition to the proposed Memoradum of Understanding between the Carlsbad Police Officers' Association and the City of Carlsbad.
Darby Ernst from the Carlsbad Police Officers' Association came forward to address Council. Ms. Ernst stated she was opposed to the proposed Memorandum of Understanding between the Carlsbad Police Officers' Association and the City of Carlsbad.
Neil Black of Carlsbad, president of the Carlsbad Library and Arts Foundation. Mr. Black announced the 7th annual Castles of Carlsbad tour on May 1, 2010. Mr. Black urged citizens to visit castlesofcarlsbad.com, or armstrong garden centers to purchase tickets for the tour.
PUBLIC HEARINGS:
16. AB #20,213 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2010-095. ACTION:
AB #20,213
Fire Marshall Jim Wiegand gave the staff report. Identified 254 potential lots that need to be cleared and abated.
MPT Kulchin opened the duly noticed public hearing at 7L15 and closed the PH at 7: 15 p.m
Motion to approve 16. AB #20,213 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2010-095. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 16. AB #20,213 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2010-095. ACTION: (Approved) (Recorded at 01:17:54)
17. AB #20,214 - WATER EFFICIENT LANDSCAPE. To consider approving a Zone Code Amendment ZCA 10-01 repealing Chapter 21.220 (Water-Efficient Landscaping) of the Carlsbad Municipal Code and Municipal Code Amendment MCA 10-01 adding and enacting Chapter 18.50 (Water Efficient Landscape) to the Carlsbad Municipal Code. Introduction of Ordinance No. CS-089. ACTION:
AB #20,214
Associate Planner Barbara Kennedy gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
CM Hall asked what the BIA's question was and how did the city respond.
Ms. Kennedy referred to the email handout to Council (on file in the Office of the City Clerk) regarding the BIA question and City response.
CM Packard asked what types of restrictions were part of the landscape ordinance.
Ms. Kennedy replied that it did not specify the type of plant material but did limit the amount of water to be used.
MPT Kulchin opened the duly noticed pulbic hearing at 7:21 pm
Remo? asked hor the water budget would be enforced and monitored.
Ms. Kennedy stated that the enforcement would be the approval of the landscape plan.
MPT Kulchin closed the pulbic hearing at 7:22 p.m.
City Attorney Ron Ball titled the Ordinance.l
Motion to approve 17. AB #20,214 - WATER EFFICIENT LANDSCAPE. To consider approving a Zone Code Amendment ZCA 10-01 repealing Chapter 21.220 (Water-Efficient Landscaping) of the Carlsbad Municipal Code and Municipal Code Amendment MCA 10-01 adding and enacting Chapter 18.50 (Water Efficient Landscape) to the Carlsbad Municipal Code. Introduction of Ordinance No. CS-089. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 17. AB #20,214 - WATER EFFICIENT LANDSCAPE. To consider approving a Zone Code Amendment ZCA 10-01 repealing Chapter 21.220 (Water-Efficient Landscaping) of the Carlsbad Municipal Code and Municipal Code Amendment MCA 10-01 adding and enacting Chapter 18.50 (Water Efficient Landscape) to the Carlsbad Municipal Code. Introduction of Ordinance No. CS-089. ACTION: (Approved) (Recorded at 01:26:20)
18. AB #20,215 - DESIGNATION OF UNDERGROUND UTILITY DISTRICT. To consider declaring and designating a certain part of the City as Underground Utility District No. 19 on El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2010-096. ACTION:
AB #20,215
Senior Civil Engineer Eva Plajzer gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
MPT Kulchin opened the duly noticed public hearing at 7:25 pm. Closed the public hearing at 7:25 p.m.
Motion to approve 18. AB #20,215 - DESIGNATION OF UNDERGROUND UTILITY DISTRICT. To consider declaring and designating a certain part of the City as Underground Utility District No. 19 on El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2010-096. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 18. AB #20,215 - DESIGNATION OF UNDERGROUND UTILITY DISTRICT. To consider declaring and designating a certain part of the City as Underground Utility District No. 19 on El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2010-096. ACTION: (Approved) (Recorded at 01:28:37)
This item was continued from the Meeting of April 13, 2010.
19. AB #20,193 - LANIKAI LANE. To consider approval of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15), to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property generally located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane. Resolution No. 2010-080. ACTION:
AB #20,193
Senior Planner Christer Westman gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Richard Close, attorney from Gilchrist and Rutter, representing the applicant gave a PowerPoint presentation (on file in the Office of the City Clerk).
Suzy Forbath from Gilchrist and Rutter also explained the PowerPoint presentation.
CM Packard asked if there was a percentage of residents wanting to buy a requirement of a conversion.
S. stated the law requires that one person purchase.
CM Packard address low income purchase and that the payments could be less than rent - negative amoritization.
Mr. Close stated that that was correct.
Mr. Packard asked how negative amoratization could be a plus.
Mr. Close responded that the property would appreciate in value.
CM Blackburn asked who is responsible to assisting those interested in purchasing the properties.
Ms. Forbath stated that their firm is providing the assistance with the HOA.
MPT Kulchin open the the public hearing at 7:42 pm
Marge Duvall, a resident of Laniki lane asked about ensurance regarding the cost process.
Joe Patterson, representing the Lanikai Lane HOA came forward to address Council. He stated that an overwhelming majority are in support of purchasing their proeprties. He said that residents are concerned because the cost of the property is not know. Also of concern is that of the loans for the low-income residents, the current rent is being controlled by the HOA. Mr. Patterson sated that the park owner could after the ground lease expires in May 2013, raise rents significantly that could cause low-income and moderate income residents to move out, thus bringing in higher paying rents.
CM Blackburn asked Mr. Patterson what would happen if the process breaks down with the land owner.
Mr. Patterson stated that the HOA's attorney would have to work with this.
John Rodrigue, attorney representing the Lanikai Lane HOA came forward to address Council. The residents want the opportunity to own their lots and the park owner would like to sell the residents their lots. Is attempting to develop an agreement that protects the low-income renters. Stated that finishing the process triggers the state safeguard protections for the residents of Lanikai Lane. Confident that details will be worked out. No formal agreement at this time. Will return to Council for assistance. Will need more financial help than what the state can provide
CM Blackburn asked about the people that are just abot the low income. If they can't afford it and there is no financing, they have to walk away from their assets, cannot even move their mobile homes.
Mr. Rodrigue stated that those in the negotiations are currently working on addressing this issue to protect them.
MPT Kulchin asked Mr. Rodrigue if he would work with Marge Duvall who has concerns regarding the final costs.
Candace Pittenger from Lanikai Lane HOA came forward to address Council. Stated there are concerns about the final costs of the lots and will lost their investments. Concerned about low and moderate income residents. will need protection from the owners that the rents will not increase or will need assurance from the city.
CM Hall asked what the difference was between Lanikai Lane and Solamar.
Ms. Pittenger stated that Solamar is a senior only park.
Ms. Pittinger stated that solamar residents have owned ehir land 12 years.
MPT Kulchin closed the public hearing at 8:00 p.m.
CM Hall asked what assurances there are that the process will continue within a timeframe that's fair.
Mr. Close stated that without the corporation of the HOA because of the lease, the owner cannot subdivide the property. The park land owner is earning very little on the property. The owner realized the residents purchasing the lots would benefit him if this occurs now rather than later. Appraisals have been prepared with the HOA, HOA has also done their own on individual lots. Concern is that at the end of the lease the property owner will increase the rents. Mr. Close stated that this was a possibility anyway.
Ms. Forboth stated lot values were done with a licensed appraisers, one by park owner and one by HOA and came in with values that did not differ. base price established for the lots but could go up or down depending on location. All numbers have been shared with the HOA.
CM Hall confirmed that theprocess is being worked on and will be completed in a timely manner.
Motion to approve 19. AB #20,193 - LANIKAI LANE. To consider approval of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15), to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property generally located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane. Resolution No. 2010-080. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 19. AB #20,193 - LANIKAI LANE. To consider approval of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15), to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property generally located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane. Resolution No. 2010-080. ACTION: (Approved) (Recorded at 02:09:08)
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING AGENDA
April 27, 2010
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 02:09:43)
Minutes of the Special Meeting held April 6, 2010.
Minutes of the Special Meeting held April 13, 2010.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 02:10:02)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
20. AB #717 - NOTICE OF COMPLETION. Accepting the construction of the Industrial Park Recycled Water Service Lines as complete; and, directing the Secretary to record the Notice of Completion, Project No. 52011. Resolution No. 1395. ACTION:
AB #717
21. AB #718 - APPROVE GRANT APPLICATION. Authorizing submittal of an application to the U.S. Department of the Interior, Bureau of Reclamation (BUREC) for WaterSMART Grant funding for a Pressure Control Hydroelectric Facility, Project No. 5025. Resolution No. 1396. ACTION:
AB #718
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION JOINT SPECIAL MEETING AGENDA
April 27, 2010
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.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 02:10:29)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
22. AB #20,216 - 2009-10 SUPPLEMENTAL EDUCATION REVENUE AUGMENTATION FUND (SERAF) PAYMENT AND APPROVAL OF LOAN TO THE SOUTH COASTAL CARLSBAD PROJECT AREA. Approving the 2009-2010 SERAF payment to the County of San Diego; and, approving the acceptance of the loan by the Housing and Redevelopment Commission; and, approving the issuance of a loan from the City of Carlsbad General Fund to the South Coastal Carlsbad Project Area (SCCRA) for costs related to legal actions regarding opposition to the Cabrillo Power proposed power plant. Housing and Redevelopment Commission Resolution No. 485. Housing and Redevelopment Commission Resolution No.486. Council Resolution No. 2010-097. ACTION:
AB #20,216
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
24. AB #20,218 - ARTS COMMISSION APPOINTMENTS. To consider appointing two commissioners to the Arts Commission. Resolution Nos. 2010-098 and 2010-099. ACTION:
AB #20,218
Motion to approve 24. AB #20,218 - ARTS COMMISSION APPOINTMENTS. To consider appointing two commissioners to the Arts Commission. Resolution Nos. 2010-098 and 2010-099. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 24. AB #20,218 - ARTS COMMISSION APPOINTMENTS. To consider appointing two commissioners to the Arts Commission. Resolution Nos. 2010-098 and 2010-099. ACTION: (Approved) (Recorded at 02:11:07)
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.
Rod Mortenson, President of Carlsbad Police Officers' Association, came forward to address Council. Mr. Mortenson spoke in opposition to the proposed Memorandum of Understanding between the Carlsbad Police Officers Association and the City of Carlsbad.
Mickey Williams from the Carlsbad Police Officers' Association, came forward to address Council. Mr. Williams spoke in opposition to the proposed Memorandum of Understanding between the Carlsbad Police Officers' Association and City of Carlsbad.
Eric Prior from the Carlsbad Police Officers' Association, came forward to address Council. Mr. Prior spoke in opposition to the proposed memorandum of Understanding between the Carlsbad Police Officers' Association and the City of Carlsbad.
Wednesday, April 28, 2010 at 7:00 p.m. Community Forum Calavera Hills Middle School 4104 Tamarack Avenue Carlsbad, CA Saturday, May 1, 2010 from 10:00 a.m. to 3:00 p. m. Carlsbad Beach Fest and Clean-Up Frazee State Beach, Beach at Pine Avenue Carlsbad, CA Saturday May 1, 2010 from 1:00 to 9:00 p. m. Celebrate Carlsbad Day Legoland California One Legoland Drive Carlsbad, CA Saturday, May 1, 2010 from 10:00 a.m. to 5:00 p. m. 7th Annual Castles of Carlsbad Home Tour Various homes in Carlsbad Monday, May 3, 2010, from 2:00 p. m. to 3:00 p .m. TWAN Exhibit, The World at Night Carlsbad Senior Center 799 Pine Avenue Carlsbad, CA Thursday, May 6, 2010 at 12:00 p. m. Volunteer Luncheon for Carlsbad Police Department Volunteers Carlsbad Safety Center Ball Field 2560 Orion Way Carlsbad, CA
Adjournment: 8:26
Roll call (5 Present, 0 Absent, 0 Excused)
Apr 27, 2010 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:
Roll call (4 Present, 1 Absent, 0 Excused) (Recorded at 00:04:05)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:04:48)
Matt absent on April 6
MPT announced that agenda item #23 will be pulled before the consent calendar.
Minutes of the Special Meeting held March 16, 2010.
Minutes of the Special Meeting held April 6, 2010.
Minutes of the Regular Meeting held April 6, 2010.
Minutes of the Regular Meeting held April 13, 2010.
Minutes of the Special Meeting held April 15, 2010.
PRESENTATION:
Proclamation presentation in recognition of Respect for Law Week.
Council Member Packard presented the proclamation recognizing Respect for Law Week to Kevin Radcliff, representing the Carlsbad Optimist Club.
Mr. Radcliff thanked Council for the proclamation and invited citizens to contact the Carlsbad Optimist Club if interested in assisting local youth.
Proclamation presentation in recognition of Law Enforcement Memorial Day.
Council Member Blackburn presented a proclamation to Captain Bill Rowland and Neil Galucci recognizing Law Enforcement Memorial Day.
Captain Calucci thanked Council for its recognition. Recognized Deputy Collier and ??? naming this week in their honor. Captain Rowland thanked Council for its recognition.
Council Member Hall recused himself from the dias due to a potential conflict of interest.
23. AB #20,217 - PRESENTATION FROM CARLSBAD VILLAGE ASSOCIATION. To receive a presentation from Robin Young, Executive Director of the Carlsbad Village Association relating to a proposed project to utilize the property at 405 Oak Avenue. ACTION:
AB #20,217
Robin Young representing the Carlsbad Village Business Association gave a PowerPoint presentation (on file in the Office of the City Clerk). Also prsenting is Mike ??? and Mickey Bukavich (Sp??) representing the Tony Hawk Foundation.
Mike McIntyre, President of ASD , landscape architect worked w/Robin on the site plan. Also continued the PowerPoint presentation.
Ms. Young submitted a petition to the City with over 2,000 signatures in support of the proposed skate park/cultural site.
MPT Kulchin asked if Ms. YOung was speaking on behalf of the CVA.
cm pACKARD ASKED mS. yoUNG IS SHE HAS SPOKEN TO STAFF REGARDING VACATING THE PROPERTY TIMELINES.
Ms. Young replied that she sunderstand the vacation could take place in 18 months or 3 years.
CM Blackburn asked for an explaination of the CVA wanting the skateboarders downtown.
Ms. Young stated that the thought process is that less traffic will be generated downtown because it is in a secluded area and accessible via bus, train routes.
CM Blackburn asked about the incorporation of other sports in the proposal or just limit the project to skateboarding.
Mike Brooker came forward to address Council. Expressed support.
Dylan Howes expressed support for the project.
Desiree Storga came forward to address Council. She expressed support for the project.
Dave Castilla came forward and expressed support for the project.
John Wantz came forward to address Council. Mr. Wantz spoke in support of the project.
Justin ??? came forward and expressed support for the project.
Oliver Flores spoke in support of the project.
Jay Corales president of the CVA spoke in support of the project. Read comments from Ophie Escobedo and Connie Trejo in support of the project.
City Manager Lisa Hildabrand stgated Debbie Fountain would be contacting those in support of the project and working with the community to develop plans for the area.
Council Membver ahll returned to the dias 6:46.
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.
MPT Kulchin stated item no. 2 would be pulled.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Council Member Hall, seconded by .
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:49:38)
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 #20,199 - ACCEPTANCE OF DONATION. Accepting a donation from Motion Events to the Carlsbad City Library literacy program; and, authorizing the appropriation of donated funds. Resolution No. 2010-085. ACTION:
AB #20,199
2. AB #20,200 - ACCEPTANCE OF IN-KIND DONATION . Accepting an in-kind donation from Jamie Kallweit in support of Leo Carrillo Ranch. Resolution No. 2010-086. ACTION:
AB #20,200
Kevin Granse Recreation Area Manager with Mick Calarco came forward to make the presentation to Council.
The donation of the ermine coat would be used for educational purposes at the Ranch and with schools.
Motion to approve 2. AB #20,200 - ACCEPTANCE OF IN-KIND DONATION . Accepting an in-kind donation from Jamie Kallweit in support of Leo Carrillo Ranch. Resolution No. 2010-086. ACTION: Moved by Council Member Hall, seconded by .
Vote to approve 2. AB #20,200 - ACCEPTANCE OF IN-KIND DONATION . Accepting an in-kind donation from Jamie Kallweit in support of Leo Carrillo Ranch. Resolution No. 2010-086. ACTION: (Approved) (Recorded at 00:52:59)
3. AB #20,201 - APPROVE GRANT REQUESTS. Approving three grant requests from the Carltas Company to provide aid to the flower growing operations of the Flower Fields at Carlsbad Ranch; and, authorizing the appropriation of grant funds. Resolution No. 2010-087. ACTION:
AB #20,201
4. AB #20,202 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 1 to the agreement with Harris and Associates Inc. to provide engineering and design services for the Corrugated Metal Replacement Pipe Program, Project No. 6607. Resolution No. 2010-088. ACTION:
AB #20,202
5. AB #20,203 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 9 to the agreement with Dudek for construction phase environmental services for the Rancho Santa Fe Road Wetlands Mitigation Project. Resolution No. 2010-089. ACTION:
AB #20,203
6. AB #20,204 - APPROVE RATIFICATION OF AMENDMENT TO AGREEMENT. Approving the ratification of Amendment No. 3 to the agreement with Brown and Caldwell, Inc. to provide engineering and design services for the Buena Vista Lift Station Forcemain, Project No. 5508 (VC4). Resolution No. 2010-090. ACTION:
AB #20,204
7. AB #20,205 - ACCEPTANCE OF FEDERAL GRANT FUNDS. Accepting Federal Grant Funds through the Urban Area Security Initiative Grant Program for domestic disaster preparedness for incidents of terrorism. Resolution No. 2010-091. ACTION:
AB #20,205
8. AB #20,206 - CONTINUATION OF THE DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for repair and stabilization of a road fill failure along the number two lane of Carlsbad Boulevard Southbound, southerly of the Encinas Creek Bridge; and, appropriating additional funds, Project No. 6032. Resolution No. 2010-092. ACTION:
AB #20,206
9. AB #20,207 - NOTICE OF COMPLETION. Accepting the construction of the 2009 Pavement Overlay as complete, and directing the City Clerk to record the Notice of Completion, Project No 6001-09OL. Resolution No. 2010-093. ACTION:
AB #20,207
10. AB #20,208 - ACCEPTANCE OF CONSERVATION EASEMENT. Accepting a conservation easement for property located on the Southeast corner of Palomar Airport Road and Aviara Parkway in Local Facilities Management Zone 5, SDP 03-01. Resolution No. 2010-094. ACTION:
AB #20,208
ORDINANCE FOR INTRODUCTION:
This item was continued from the Meeting of April 13, 2010.
11. AB #20,179 - AMEND CARLSBAD MUNICIPAL CODE REGARDING QUALIFICATIONS FOR CITY TREASURER. To consider adding Section2.08.022 to the Carlsbad Municipal Code, establishing certain minimum criteria for eligibility for the elected office of City Treasurer. Introduction of Ordinance No. CS-080. ACTION:
AB #20,179
ORDINANCES FOR ADOPTION:
12. AB #20,209 - ESTABLISHMENT OF A PAY FIRST LITIGATE LATER RULE. Adopting Ordinance No. CS-081, amending the Carlsbad Municipal Code, Section 3.12.120, establishing a pay first litigate later rule in order to protect tax and fee revenue. ACTION:
AB #20,209
City Attorney Ron Ball titled the Ordinance.
Motion to approve 12. AB #20,209 - ESTABLISHMENT OF A PAY FIRST LITIGATE LATER RULE. Adopting Ordinance No. CS-081, amending the Carlsbad Municipal Code, Section 3.12.120, establishing a pay first litigate later rule in order to protect tax and fee revenue. ACTION: Moved by Council Member Hall, seconded by .
Vote to approve 12. AB #20,209 - ESTABLISHMENT OF A PAY FIRST LITIGATE LATER RULE. Adopting Ordinance No. CS-081, amending the Carlsbad Municipal Code, Section 3.12.120, establishing a pay first litigate later rule in order to protect tax and fee revenue. ACTION: (Approved) (Recorded at 00:53:56)
13. 20,210 - AMEND TITLES 15, 18 AND 20 OF THE CARLSBAD MUNICIPAL CODE. Adopting Ordinance Nos. CS-084, CS-085, CS-086, CS-087 and CS-088, amending Title 15, Chapter 15.08; Title 18, Chapters 18.40 and 18.42; and Title 20, Chapters 20.12 and 20.28 to allow for the deferral of a planned local drainage fee, to allow the city to accept rights-of-way with subordination agreements, to include the definitions of "single-family detached,""condominium," and "apartments" for use in the assessment of traffic impact fees, to allow the total combined time for extensions of phased final maps not to exceed sixteen years, and to remove an exemption from improvements no longer contained in the Subdivision Map Act. ACTION:
AB #20,210
City Attorney Ron Ball titled the Ordinances.
Motion to approve 13. 20,210 - AMEND TITLES 15, 18 AND 20 OF THE CARLSBAD MUNICIPAL CODE. Adopting Ordinance Nos. CS-084, CS-085, CS-086, CS-087 and CS-088, amending Title 15, Chapter 15.08; Title 18, Chapters 18.40 and 18.42; and Title 20, Chapters 20.12 and 20.28 to allow for the deferral of a planned local drainage fee, to allow the city to accept rights-of-way with subordination agreements, to include the definitions of "single-family detached,""condominium," and "apartments" for use in the assessment of traffic impact fees, to allow the total combined time for extensions of phased final maps not to exceed sixteen years, and to remove an exemption from improvements no longer contained in the Subdivision Map Act. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 13. 20,210 - AMEND TITLES 15, 18 AND 20 OF THE CARLSBAD MUNICIPAL CODE. Adopting Ordinance Nos. CS-084, CS-085, CS-086, CS-087 and CS-088, amending Title 15, Chapter 15.08; Title 18, Chapters 18.40 and 18.42; and Title 20, Chapters 20.12 and 20.28 to allow for the deferral of a planned local drainage fee, to allow the city to accept rights-of-way with subordination agreements, to include the definitions of "single-family detached,""condominium," and "apartments" for use in the assessment of traffic impact fees, to allow the total combined time for extensions of phased final maps not to exceed sixteen years, and to remove an exemption from improvements no longer contained in the Subdivision Map Act. ACTION: (Approved) (Recorded at 00:56:55)
14. AB #20,211 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS- 082, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Sierra Morena Avenue at its intersection with Chestnut Avenue (North and South) and Valewood Avenue. ACTION:
AB #20,211
City Attorney Ron Ball titled the Ordinance.
Motion to approve 14. AB #20,211 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS- 082, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Sierra Morena Avenue at its intersection with Chestnut Avenue (North and South) and Valewood Avenue. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 14. AB #20,211 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS- 082, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Sierra Morena Avenue at its intersection with Chestnut Avenue (North and South) and Valewood Avenue. ACTION: (Approved) (Recorded at 00:57:47)
15. AB #20,212 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS-083, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Donna Drive at its intersection with Falcon Drive and at Gayle Way; Basswood Avenue at its intersection with Belle Lane; Belle Lane at its intersection with Basswood Avenue; Gayle Way at its intersection with Ann Drive; and Ann Drive at its intersection with Gayle Way. ACTION:
AB #20,212
City Attorney Ron Ball titled the Ordinance.
Motion to approve 15. AB #20,212 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS-083, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Donna Drive at its intersection with Falcon Drive and at Gayle Way; Basswood Avenue at its intersection with Belle Lane; Belle Lane at its intersection with Basswood Avenue; Gayle Way at its intersection with Ann Drive; and Ann Drive at its intersection with Gayle Way. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 15. AB #20,212 - ESTABLISH ALL-WAY STOP CONTROLS. Adopting Ordinance No. CS-083, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, establishing all-way stops on Donna Drive at its intersection with Falcon Drive and at Gayle Way; Basswood Avenue at its intersection with Belle Lane; Belle Lane at its intersection with Basswood Avenue; Gayle Way at its intersection with Ann Drive; and Ann Drive at its intersection with Gayle Way. ACTION: (Approved) (Recorded at 00:58:47)
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.
Mel Brown of Carlsbad came forward to address Council. Mr. Brown spoke about the retirement program for safety personnel (police). He stated that the pay grade is lower than some neighboring cities. He stated that the Council's plan is destructive - will negatively affect the city and put citizens at risk.
Mike McFadden of Carlsbad came forward to address Council. Mr. McFadden shared the President of the United States's proclamation of Donate an Organ Month for the month of April. Mr. McFadden spoke in support of organ donation. Mr. McFadden urged the public to sign up to be organ donors.
Pete Pasqual representing the Carlsbad Police Officers' Association came forward to address Council. Mr. Pasqual spoke in opposition to the proposed Memoradum of Understanding between the Carlsbad Police Officers' Association and the City of Carlsbad.
Darby Ernst from the Carlsbad Police Officers' Association came forward to address Council. Ms. Ernst stated she was opposed to the proposed Memorandum of Understanding between the Carlsbad Police Officers' Association and the City of Carlsbad.
Neil Black of Carlsbad, president of the Carlsbad Library and Arts Foundation. Mr. Black announced the 7th annual Castles of Carlsbad tour on May 1, 2010. Mr. Black urged citizens to visit castlesofcarlsbad.com, or armstrong garden centers to purchase tickets for the tour.
PUBLIC HEARINGS:
16. AB #20,213 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2010-095. ACTION:
AB #20,213
Fire Marshall Jim Wiegand gave the staff report. Identified 254 potential lots that need to be cleared and abated.
MPT Kulchin opened the duly noticed public hearing at 7L15 and closed the PH at 7: 15 p.m
Motion to approve 16. AB #20,213 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2010-095. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 16. AB #20,213 - WEED ABATEMENT. To hear objections and to consider directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. Resolution No. 2010-095. ACTION: (Approved) (Recorded at 01:17:54)
17. AB #20,214 - WATER EFFICIENT LANDSCAPE. To consider approving a Zone Code Amendment ZCA 10-01 repealing Chapter 21.220 (Water-Efficient Landscaping) of the Carlsbad Municipal Code and Municipal Code Amendment MCA 10-01 adding and enacting Chapter 18.50 (Water Efficient Landscape) to the Carlsbad Municipal Code. Introduction of Ordinance No. CS-089. ACTION:
AB #20,214
Associate Planner Barbara Kennedy gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
CM Hall asked what the BIA's question was and how did the city respond.
Ms. Kennedy referred to the email handout to Council (on file in the Office of the City Clerk) regarding the BIA question and City response.
CM Packard asked what types of restrictions were part of the landscape ordinance.
Ms. Kennedy replied that it did not specify the type of plant material but did limit the amount of water to be used.
MPT Kulchin opened the duly noticed pulbic hearing at 7:21 pm
Remo? asked hor the water budget would be enforced and monitored.
Ms. Kennedy stated that the enforcement would be the approval of the landscape plan.
MPT Kulchin closed the pulbic hearing at 7:22 p.m.
City Attorney Ron Ball titled the Ordinance.l
Motion to approve 17. AB #20,214 - WATER EFFICIENT LANDSCAPE. To consider approving a Zone Code Amendment ZCA 10-01 repealing Chapter 21.220 (Water-Efficient Landscaping) of the Carlsbad Municipal Code and Municipal Code Amendment MCA 10-01 adding and enacting Chapter 18.50 (Water Efficient Landscape) to the Carlsbad Municipal Code. Introduction of Ordinance No. CS-089. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 17. AB #20,214 - WATER EFFICIENT LANDSCAPE. To consider approving a Zone Code Amendment ZCA 10-01 repealing Chapter 21.220 (Water-Efficient Landscaping) of the Carlsbad Municipal Code and Municipal Code Amendment MCA 10-01 adding and enacting Chapter 18.50 (Water Efficient Landscape) to the Carlsbad Municipal Code. Introduction of Ordinance No. CS-089. ACTION: (Approved) (Recorded at 01:26:20)
18. AB #20,215 - DESIGNATION OF UNDERGROUND UTILITY DISTRICT. To consider declaring and designating a certain part of the City as Underground Utility District No. 19 on El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2010-096. ACTION:
AB #20,215
Senior Civil Engineer Eva Plajzer gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
MPT Kulchin opened the duly noticed public hearing at 7:25 pm. Closed the public hearing at 7:25 p.m.
Motion to approve 18. AB #20,215 - DESIGNATION OF UNDERGROUND UTILITY DISTRICT. To consider declaring and designating a certain part of the City as Underground Utility District No. 19 on El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2010-096. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 18. AB #20,215 - DESIGNATION OF UNDERGROUND UTILITY DISTRICT. To consider declaring and designating a certain part of the City as Underground Utility District No. 19 on El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2010-096. ACTION: (Approved) (Recorded at 01:28:37)
This item was continued from the Meeting of April 13, 2010.
19. AB #20,193 - LANIKAI LANE. To consider approval of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15), to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property generally located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane. Resolution No. 2010-080. ACTION:
AB #20,193
Senior Planner Christer Westman gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Richard Close, attorney from Gilchrist and Rutter, representing the applicant gave a PowerPoint presentation (on file in the Office of the City Clerk).
Suzy Forbath from Gilchrist and Rutter also explained the PowerPoint presentation.
CM Packard asked if there was a percentage of residents wanting to buy a requirement of a conversion.
S. stated the law requires that one person purchase.
CM Packard address low income purchase and that the payments could be less than rent - negative amoritization.
Mr. Close stated that that was correct.
Mr. Packard asked how negative amoratization could be a plus.
Mr. Close responded that the property would appreciate in value.
CM Blackburn asked who is responsible to assisting those interested in purchasing the properties.
Ms. Forbath stated that their firm is providing the assistance with the HOA.
MPT Kulchin open the the public hearing at 7:42 pm
Marge Duvall, a resident of Laniki lane asked about ensurance regarding the cost process.
Joe Patterson, representing the Lanikai Lane HOA came forward to address Council. He stated that an overwhelming majority are in support of purchasing their proeprties. He said that residents are concerned because the cost of the property is not know. Also of concern is that of the loans for the low-income residents, the current rent is being controlled by the HOA. Mr. Patterson sated that the park owner could after the ground lease expires in May 2013, raise rents significantly that could cause low-income and moderate income residents to move out, thus bringing in higher paying rents.
CM Blackburn asked Mr. Patterson what would happen if the process breaks down with the land owner.
Mr. Patterson stated that the HOA's attorney would have to work with this.
John Rodrigue, attorney representing the Lanikai Lane HOA came forward to address Council. The residents want the opportunity to own their lots and the park owner would like to sell the residents their lots. Is attempting to develop an agreement that protects the low-income renters. Stated that finishing the process triggers the state safeguard protections for the residents of Lanikai Lane. Confident that details will be worked out. No formal agreement at this time. Will return to Council for assistance. Will need more financial help than what the state can provide
CM Blackburn asked about the people that are just abot the low income. If they can't afford it and there is no financing, they have to walk away from their assets, cannot even move their mobile homes.
Mr. Rodrigue stated that those in the negotiations are currently working on addressing this issue to protect them.
MPT Kulchin asked Mr. Rodrigue if he would work with Marge Duvall who has concerns regarding the final costs.
Candace Pittenger from Lanikai Lane HOA came forward to address Council. Stated there are concerns about the final costs of the lots and will lost their investments. Concerned about low and moderate income residents. will need protection from the owners that the rents will not increase or will need assurance from the city.
CM Hall asked what the difference was between Lanikai Lane and Solamar.
Ms. Pittenger stated that Solamar is a senior only park.
Ms. Pittinger stated that solamar residents have owned ehir land 12 years.
MPT Kulchin closed the public hearing at 8:00 p.m.
CM Hall asked what assurances there are that the process will continue within a timeframe that's fair.
Mr. Close stated that without the corporation of the HOA because of the lease, the owner cannot subdivide the property. The park land owner is earning very little on the property. The owner realized the residents purchasing the lots would benefit him if this occurs now rather than later. Appraisals have been prepared with the HOA, HOA has also done their own on individual lots. Concern is that at the end of the lease the property owner will increase the rents. Mr. Close stated that this was a possibility anyway.
Ms. Forboth stated lot values were done with a licensed appraisers, one by park owner and one by HOA and came in with values that did not differ. base price established for the lots but could go up or down depending on location. All numbers have been shared with the HOA.
CM Hall confirmed that theprocess is being worked on and will be completed in a timely manner.
Motion to approve 19. AB #20,193 - LANIKAI LANE. To consider approval of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15), to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property generally located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane. Resolution No. 2010-080. ACTION: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve 19. AB #20,193 - LANIKAI LANE. To consider approval of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15), to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property generally located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane. Resolution No. 2010-080. ACTION: (Approved) (Recorded at 02:09:08)
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING AGENDA
April 27, 2010
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 02:09:43)
Minutes of the Special Meeting held April 6, 2010.
Minutes of the Special Meeting held April 13, 2010.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 02:10:02)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
20. AB #717 - NOTICE OF COMPLETION. Accepting the construction of the Industrial Park Recycled Water Service Lines as complete; and, directing the Secretary to record the Notice of Completion, Project No. 52011. Resolution No. 1395. ACTION:
AB #717
21. AB #718 - APPROVE GRANT APPLICATION. Authorizing submittal of an application to the U.S. Department of the Interior, Bureau of Reclamation (BUREC) for WaterSMART Grant funding for a Pressure Control Hydroelectric Facility, Project No. 5025. Resolution No. 1396. ACTION:
AB #718
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION JOINT SPECIAL MEETING AGENDA
April 27, 2010
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.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Council Member Hall, seconded by Council Member Packard.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 02:10:29)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
22. AB #20,216 - 2009-10 SUPPLEMENTAL EDUCATION REVENUE AUGMENTATION FUND (SERAF) PAYMENT AND APPROVAL OF LOAN TO THE SOUTH COASTAL CARLSBAD PROJECT AREA. Approving the 2009-2010 SERAF payment to the County of San Diego; and, approving the acceptance of the loan by the Housing and Redevelopment Commission; and, approving the issuance of a loan from the City of Carlsbad General Fund to the South Coastal Carlsbad Project Area (SCCRA) for costs related to legal actions regarding opposition to the Cabrillo Power proposed power plant. Housing and Redevelopment Commission Resolution No. 485. Housing and Redevelopment Commission Resolution No.486. Council Resolution No. 2010-097. ACTION:
AB #20,216
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
24. AB #20,218 - ARTS COMMISSION APPOINTMENTS. To consider appointing two commissioners to the Arts Commission. Resolution Nos. 2010-098 and 2010-099. ACTION:
AB #20,218
Motion to approve 24. AB #20,218 - ARTS COMMISSION APPOINTMENTS. To consider appointing two commissioners to the Arts Commission. Resolution Nos. 2010-098 and 2010-099. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 24. AB #20,218 - ARTS COMMISSION APPOINTMENTS. To consider appointing two commissioners to the Arts Commission. Resolution Nos. 2010-098 and 2010-099. ACTION: (Approved) (Recorded at 02:11:07)
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.
Rod Mortenson, President of Carlsbad Police Officers' Association, came forward to address Council. Mr. Mortenson spoke in opposition to the proposed Memorandum of Understanding between the Carlsbad Police Officers Association and the City of Carlsbad.
Mickey Williams from the Carlsbad Police Officers' Association, came forward to address Council. Mr. Williams spoke in opposition to the proposed Memorandum of Understanding between the Carlsbad Police Officers' Association and City of Carlsbad.
Eric Prior from the Carlsbad Police Officers' Association, came forward to address Council. Mr. Prior spoke in opposition to the proposed memorandum of Understanding between the Carlsbad Police Officers' Association and the City of Carlsbad.
Wednesday, April 28, 2010 at 7:00 p.m. Community Forum Calavera Hills Middle School 4104 Tamarack Avenue Carlsbad, CA Saturday, May 1, 2010 from 10:00 a.m. to 3:00 p. m. Carlsbad Beach Fest and Clean-Up Frazee State Beach, Beach at Pine Avenue Carlsbad, CA Saturday May 1, 2010 from 1:00 to 9:00 p. m. Celebrate Carlsbad Day Legoland California One Legoland Drive Carlsbad, CA Saturday, May 1, 2010 from 10:00 a.m. to 5:00 p. m. 7th Annual Castles of Carlsbad Home Tour Various homes in Carlsbad Monday, May 3, 2010, from 2:00 p. m. to 3:00 p .m. TWAN Exhibit, The World at Night Carlsbad Senior Center 799 Pine Avenue Carlsbad, CA Thursday, May 6, 2010 at 12:00 p. m. Volunteer Luncheon for Carlsbad Police Department Volunteers Carlsbad Safety Center Ball Field 2560 Orion Way Carlsbad, CA
Adjournment: 8:26
Roll call (5 Present, 0 Absent, 0 Excused)
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