HomeMy WebLinkAbout2003-12-02; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: DECEMBER 2,2003
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent : None.
Lewis, Finnila, Kulchin, Hall and Packard.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Finnila led the Pledge of Allegiance.
APPROVAL OF MINUTES:
The following minutes were returned to staff:
Minutes of the Special Meeting held November 18, 2003.
Regular Meeting held November 18, 2003.
Joint Special Meeting held November 18, 2003.
Mayor Pro Tem Finnila said she would abstain from approval of the minutes of the
Special Meeting held October 30, 2003 due to her absence.
On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were
unanimously approved as presented:
Minutes of the Special Meeting held September 17, 2003.
Minutes of the Special Meeting held October 30, 2003.
Minutes of the Special Meeting held November 19, 2003.
PRESENTATION:
Marilyn Campbell, Communications Consultant, presented Council with the City of
Carlsbad 2004 Calendar and Community Guide.
December 2,2003 Carlsbad City Council Meeting
CONSENT CALENDAR:
Item No. 5 was pulled for discussion.
Page 2
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmeb the acl
of the Consent Calendar, Items #I through #4 as follows:
Lewis, Finnila, Kulchin, Hall and Packard. AYES:
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
on
1.
2.
3.
4.
5.
AB # 17,382 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on City investments as of October 31,
2003.
AB #17.383 - CONSTRUCTION OF A PORTION OF RANCHO SANTA FE ROAD
AND ADJUSTMENT TO THE COMMON CITY BOUNDARY.
Council adopted RESOLUTION NO. 2003-305, approving the agreement between
the City of Carlsbad and the City of San Marcos for the construction of a portion of
Rancho Santa Fe Road and adjustment to the common City boundary.
AB #17,392 - REFUND TO REDEEMER BY THE SEA LUTHERAN CHURCH.
Council adopted RESOLUTION NO. 2003-31 2, authorizing a refund to Redeemer
by the Sea Lutheran Church for overpayment of Bridge and Thoroughfare District
No. 2 Fees.
AB #17,389 - REALLOCATION OF SALARY RANGES, REVISION OF VARIOUS
GENERAL EMPLOYEE CLASSIFICATION DESCRIPTIONS, AND AMENDMENT
OF THE GENERAL EMPLOYEES’ SALARY SCHEDULE.
Council adopted RESOLUTION NO. 2003-308, approving the reallocation of salary
ranges for Associate Engineer, Assistant Engineer, Ehgineering Technician I,
Engineering Technician II, Human Resources Technician, and Crime Prevention
Specialist; revised the classification descriptions for Associate Engineer and
Assistant Engineer; and, amended the General Employees’ Salary Schedule.
AB #17.317 - AT&T WIRELESS, CUP 03-22.
This item was pulled for discussion.
DISCUSSION OF CONSENT CALENDAR ITEM:
5. AB #17,317 -AT&T WIRELESS, CUP 03-22.
Council concurred with Mayor Lewis to continue this agehda item to a future Council
meeting and to notify all concerned parties.
December 2,2003 Carlsbad City Council Meeting Page 3
INTRODUCTION OF ORDINANCE:
6. AB #17.284 -AMENDMENT OF THE CARLSBAD VILLAGE AREA
REDEVELOPMENT PLAN.
Council Member Hall and Council Member Packard said they own property in the
Village Area and due to a potential conflict, would be abstaining from this agenda item.
Council Member Hall and Council Member Packard left the meeting at 6:08 p.m.
Ron Ball, City Attorney, reviewed the staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced .
ORDINANCE NO. NS-683, amending the Carlsbad Village Area
Redevelopment Plan to extend certain time limits.
AYES: Lewis, Finnila and Kulchin. - NOES: None.
ABSENT: Hall and Packard.
Council Members Hall and Packard returned to the meeting at 6:lO p.m.
ORDINANCES FOR ADOPTION:
7. AB #17,385 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE
REGARDING THE PROCEDURES FOR DEBARMENT OF CONTRACTORS.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-681 , amending Title 3, Chapter 3.32 of the
Carlsbad Municipal Code by the Addition and Revision of Various
Sections to Include and Update Provisions for Temporary
Debarment, Permanent Debarment, Procedures for Disqualification
and Notice.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
8. AB #17,386 -ADJUSTMENT OF SEWER CAPACITY AND WATER CONNECTION
FEES, (MCA 03-03)
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-682, amending Chapters 13.10 and 14.16 of
the Carlsbad Municipal Code to Update and Revise the Way in
Which Sewer Capacity and Water Connection Fees are Adjusted.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
December 2,2003 Carlsbad City Council Meeting Page 4
PUBLIC COMMENT: None.
PU BLlC H EAR1 NG S :
9. AB #17,387 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING AND
APPROPRIATION OF FUNDS.
Lynn Diamond, Senior Management Analyst, presented the staff report.
Mayor Lewis opened the duly noticed public hearing at 6:15 p.m. and asked if anyone
wished to speak on this matter in any way. No one asked to be heard, so the Mayor
closed the public hearing at 6:15 p.m.
ACTION: On a motion by Mayor Pro Tern Finnila, Council adopted
RESOLUTION NO. 2003-306, accepting specific projects for
funding under the Department of Justice local Law Enforcement
Block Grant Funding.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
IO. AB #17,388 -VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.10, CT 02-
11. AB #17,390 -VILLAGES OF LA COSTA GREENS NEIGHBORHOODS I .09 AND
12. AB #17,391 -VILLAGES OF LA COSTA GREENS NEIGHBORHOODS 1 .I I, 1 .I3
20/PUD 02-1 0.
1.08, CT 02-22/PUD 02-1 1/CT 02-23.
AND I .14, CT 02-24/PUD 02-12.
Ron Ball, City Attorney, explained that Council could consider Item Nos. IO, 11 and 12
together. He said that the public comment portion for all three items could be opened
and closed simultaneously.
Christer Westman, Senior Planner, presented the staff report and reviewed a Power
Point presentation (on file in the City Clerk’s Office) for Item Nos. IO, 11 and 12.
In response to Council Member Hall, Mr. Westman said that a wide range of lot sizes
have been included in the neighborhoods in order to provide a variety of housing types
needed in the community. Mr. Westman also said that Neighborhood 1 .I2 contains
less than 50 lots and has received final approval by the Planning Commission. He
noted that the Planning Commission’s decision had not been appealed to Council.
Therefore, Neighborhood 1 .I2 would not be submitted to Council.
Mayor Lewis opened the duly noticed public hearings on Item Nos. IO, I1 and 12 at
6:23 p.m. and asked if anyone wished to address Council regarding Item Nos. IO, 11 or
12.
December 2,2003 Carlsbad City Council Meeting Page 5
Fred Arbuckle, President, Morrow Development, 1903 Wright Place, Suite 180, spoke
in support of the approval of Agenda Item Nos. IO, 11 and 12. He explained that their
goal is to provide a variety of housing opportunities for the community.
Seeing no one else wishing to address Council, the Mayor closed the public hearing on
Item Nos. 10, 11 and 12.
Mayor Pro Tem Finnila spoke in support of Item Nos. 10, 1 1 and 12. She reviewed the
Planning Commission’s concerns regarding school boundaries. Mayor Pro Tem Finnila
explained that changing the school boundaries is not within Council’s jurisdiction.
Therefore, she would support Item Nos. IO, 11 and 12.
Council discussion ensued regarding the history of past attempts to place the City of
Carlsbad within one jurisdictional school boundary. Council Member Packard said the
creation of one jurisdictional school boundary would need to be led by the citizens.
In response to Council Member Kulchin, Mr. Westman said that that Master Plan for the
Villages of La Costa has been in the works for many years. In response to Council
Member Kulchin, Mr. Arbuckle said that the Master Plan for the Villages of La Costa
began in 1995.
Council Member Hall noted that roads in the Southeast Quadrant would be built as the
same time or prior to homes being constructed.
On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2003-307, approving a Tentative Tract Map
and Planned Unit Development for Villages of La Costa Greens
Neighborhood 1.10 to subdivide 37.3 acres into 64 single-family
lots, 5 open space lots, and 1 private street lot on property
generally located west of Alicante Road, North of Alga Road and
South of Poinsettia Lane in Local Facilities Management Zone IO;
and,
Council adopted RESOLUTION NO. 2003-309, approving a
Tentative Tract Map and Planned Unit Development for Villages of
La Costa Greens Neighborhood 1.09 to subdivide 25.3 acresinto
75 single-family lots and 2 open space lots on property generally
located south east of Alicante Road, north of Alga Road and south
of Poinsettia Lane in Local Facilities Management Zone IO; and,
Council adopted RESOLUTION NO. 2003-31 0, approving a
Tentative Tract Map for Villages of La Costa Greens Neighborhood
1.08 to subdivide 42.9 acresinto 82 single-family lots and 6 open
space lots on property generally located east of Alicante Road,
North of Alga Road and south of Poinsettia Lane in Local Facilities
Management Zone IO; and,
December 2,2003 Carlsbad City Council Meeting Page 6
Council adopted RESOLUTION NO. 2003-31 1 approving a
Tentative Tract Map and Planned Unit Development for Villages of
La Costa Greens Neighborhoods 1 .I 1 , 1 .I3 and 1 .I4 to subdivide
42.8 acres into 129 single-family lots and 8 open space lots on
property generally located on the north side of Alga Road, East of
the North Course of La Costa Golf Course and on the east and
west sides of Alicante Road in Local Facilities Management Zone
IO.
- AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
ADJOURNMENT TO THE SPECIAL MEETING OF THE MUNICIPAL WATER
DISTRICT ME ET1 NG
Mayor Lewis adjourned to the Special Meeting of the Municipal Water District Meeting
at 6:30 p.m. with all members present.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF CITY COUNCIL AND THE
HOUSING AND REDEVELOPMENT COMMISSION MEETING
President Lewis adjourned to the Joint Special Meeting of the City Council and Housing
and Redevelopment Commission at 6:31 p.m. with all members present.
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND
REDEVELOPMENT COMMISSION MEETING
Chair/Mayor Lewis adjourned to the Special Meeting of the Housing and
Redevelopment Commission at 6:33
RECONVENE CITY COUNCIL MEETING
MayorIChair Lewis adjourned to the remainder of the City Council Meeting at 6:45 p.m.
with all members present.
RECESS:
Mayor Lewis declared a recess at 6:45 p.m. Council reconvened at 653 p.m. with all
members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15.AB # 17,395 - FARM WORKER SHELTER WITHIN THE CITY OF CARLSBAD.
Debbie Fountain, Housing and Redevelopment Manager, presented the staff report and
reviewed a Power Point presentation (on file in the City Clerk’s Office).
December 2,2003 Carlsbad City Council Meeting Page 7
In response to Council, Ron Ball, City Attorney, reviewed correspondence dated
December 1 , 2003 from Vince McCaw, Project Manager, Overland Pacific & Cuiler, Inc.
to Sue Reynolds, Community Housing Works, regarding relocation benefits under the
Uniform Relocation Act (on file in the City Clerk’s Office). Mr. Ball said there is also
parallel, distinct and separate relocation law contained in the California Government
Code. He indicated that the California law would be triggered when government action
is taken for a displaced person. Mr. Ball said that Council has adopted separate rules
and regulations regarding relocation assistance. Mr. Ball recommended that the federal
and state laws, including Council’s adopted rules and regulations be analyzed to
determine if there is an obligation for a public entity to pay for relocation assistance, as
a result of terminated tenancy, because of a future public project.
Mayor Lewis asked those members of Resource Committee (stakeholder group) to
stand and be recognized for their hours of service.
Mayor Pro Tem Finnila asked how many Section 8 vouchers would be available to farm
workers with green cards. Ms. Fountain estimated that 75 vouchers are available to
anyone who would meet the guidelines of any very low-income household.
In response to Mayor Lewis, Ms. Fountain explained that staffs position is that the farm
workers should be required to pay a fee for use of a shelter. The amount would be
open to discussion.
Mary Ann Pollock, 3162 Vista Grande, said she is a member of the National
Association of Social Workers, a member of the Farm Worker’s Task Force and is a
citizen concerned for housing needs throughout the County of San Diego. She spoke
of the need for housing for farm workers and asked Council to be open to the proposals
presented at this meeting by other speakers.
Bob Ebert, I 187 Mariposa Road, spoke against placing temporary farm worker housing
at the Laurel Tree site.
Chris Chiarella, 1201 Mariposa, said that the farm workers would be more comfortable
in housing that is not in a high profile area.
Don Smutz, 1208 Spar Court, President of Saltaire Homeowners’ Association, said that
the responsibility of housing farm workers should lie with the farmers. Mr. Smutz said
that city funds and property should not be used to provide housing for farm workers in
Carlsbad.
Mark Haarer, 6398 Topmast Drive, said that providing housing for farm workers needs
immediate action. He said that the city attorney should review the liability issues and
that housing for farm workers should be‘placed on city-owned property. In response to
Mayor Lewis, Mr. Haarer said that city-owned property should be used for housing farm
workers, even if the city is subject to liability issues. Mr. Haarer suggested that there
might be other cities that have found ways around the liability issues.
Eli Magana, 2001 Hartwright Road, #7, Vista, spoke of the immediate need for farm
worker housing.
December 2,2003 Carlsbad City Council Meeting Page 8
Ruben Garcia, 200 Olive Avenue, Vista, spoke of the immediate need for farm worker
housing.
Brother Mark Schroeder, Mission San Luis Rey, Oceanside, spoke of the immediate
need for farm worker housing. He expressed concern that the canyons will be cleaned
up on December 8‘h and the farm workers will no longer have a place to live. Brother
Schroeder asked that the canyon clean up be postponed until the farm worker housing
has been resolved.
Helen Bourne, 273 Hillcrest Drive, Leucadia, spoke of the immediate need for farm
worker housing.
Daniel Scott, 620 Mission Avenue, Oceanside, expressed concern for regional housing
needs. He asked Council to provide immediate housing for farm workers.
Rob Howard, representing the National Association for the Advancement of Colored
People (NAACP), 605 San Diego Street, Oceanside, spoke of the immediate need for
farm worker housing. In response to Council Member Hall, Mr. Howard described his
childhood home.
Jose Gonzales, 3438 Seabreeze Walk, Oceanside, said he is a former worker in the
strawberry fields. Mr. Gonzales spoke of the immediate need for farm worker housing.
Juan Ramon, P.O. Box 1963, Vista, CA 92085, spoke through his translator, Jose
Gonzales, and said that he works in the fields. Mr. Ramon said that the farmers should
be responsible for providing farm worker housing. He said that he would be willing to
pay a small amount for housing.
Lydia Parker, 3703 Azimuth Place, spoke in support of farm worker housing at
Veterans’ Park.
Jim Neeleman, 1255 Mariposa Road, he lives on block away from the proposed Laurel
Tree site. He said that he has spent many weekends at Holiday Park with Right Hand
Ministry administering to the poor. He spoke in support of the Veterans’ Park site. Mr.
Neeleman said that the possibility of purchasing insurance should be explored to
address liability issues.
Mayor Lewis noted that the timing and amount of local financial support needed by the
State of California is unknown.
In response to Mayor Lewis, Mr. Neeleman said that the City should use set aside
housing funds for farm worker housing.
Allan Kelly, 4912 Via Arequipa, spoke of the need for farm worker housing. He noted
that farm workers have previously camped on his property. Mr. Kelly explained that it is
expensive to build farm worker housing to meet the government’s rules and regulations.
He noted that the farmers would also have liability issues to address.
Donna Taylor, a resident of Encinitas, asked Council to read Tortilla Curtain. She
spoke of the immediate need for farm worker housing.
December 2,2003 Carlsbad City Council Meeting Page 9
Barbara MkNelly, said she is representing the Rural Community Assistance
Corporation, a non-profit corporation based in Sacramento. She also said that she is
the Manager of the Agricultural Worker Health and Housing Program, which provides
grants, loans and technical assistance to community based organizations that are
working to improve the housing and health of California’s agricultural workers. She said
that the Agricultural Worker Health and Housing Program currently has a competitive
funding round to consider housing and health projects for migrant workers. She said a
maximum of $1.4 million would be available in grant funding per project. Up to $1.2
million would be available for the housing component (development, construction and
housing services). Ms. MkNelly said that her organization has identified North San
Diego County as one of five regions in California as an area of critical need and
Community Housing Works has submitted a proposal for migrant worker housing. Ms.
MkNelly said that criteria for awarding the grant include site identification, local support
and financial commitments. Ms. MkNelly said the grant deadline has been extended to
December 1 5th, to allow Community Housing Works to submit additional
documentation.
In response to Mayor Pro Tem Finnila, Ms. MkNelly said that her organization has been
in existence since 1999. Ms. MkNelly said she would contact Mayor Pro Tem Finnila
with information from Agricultural Worker Health and Housing Program on the number
of housing projects funded on leased, public and private land in San Diego County;
where they are located; and, the material used for to construct the housing.
In response to Council, Ms. MkNelly said that her organization has adequate funding for
a majority of the received competitive fund applications. She described the number of
grants and loans her organization has provided since 1999. In response to Council,
she said that one of her organization’s projects included migrant farm worker housing
that can be taken down at the conclusion of the harvest season.
Steve Shafer, 4670 Pinona Road, spoke of the immediate need for farm worker
housing. He said that the liability issue should be quantified.
Gordon Baker, 2035 Charleen Circle, spoke in favor of farm worker housing.
Dorothy Johnson, Directing Attorney for California Rural Legal Assistance, 21 5 South
Coast Highway, Oceanside, spoke in support of the immediate need to place farm
worker housing at Veterans’ Park. In response to Mayor Lewis, Ms. Johnson said that
the farm workers would be willing to pay a small fee for housing. She also said that the
liability issue is not surmountable and can be resolved.
Marilyn Clement, 6542 Via Barona, spoke in support of siting farm workers housing at
Veterans’ Park.
Socorro Rodriguez-Anderson, 3222 Roosevelt Street, Ministry Leader for St. Patrick‘s
Church, said she drives farm workers to their English Classes. She spoke of the
immediate need for farm worker housing.
Paul Stevens, 6887 Carnation Drive, spoke in support of siting farm worker housing at
Veterans’ Park.
December 2,2003 Carlsbad City Council Meeting Page 10
Council Member Packard and Mr. Stevens discussed the farm workers’ average weekly
salary.
Eric Larson, 1355 Forest Avenue, Executive Director of the San Diego County Farm
Bureau, said that the farms participate in the well being of the farm workers by providing
a paycheck. He noted that the farms in Carlsbad are on leased land and the leases are
very temporary. Mr. Larson explained why Veterans’ Park is the most appropriate
location to site farm worker housing. In response to Council, Mr. Larson said that he is
aware of eight farm worker housing projects that are privately funded on privately
owned land with permanent crops. Mr. Larson said that the liability issue should be
explored so that the City is not put at risk.
Kevin Whiting, 6407 Calmeria Place, Vice President of Shorepoint Home Owners’
Association, said that modular units for farm worker housing should be placed at
Veterans’ Park.
Paul B. Thompson, 5257 Milton Road, member of the staff at Callaway Golf Company,
and a member of the Task Force to review the issue of farm worker housing, explained
why he felt that Veterans’ Park is the most appropriate location for farm worker housing.
Mr. Thompson expressed concern that eviction of farm workers from the local canyons
is scheduled for December 8‘h.
Leo Pacheco, 2100 Chestnut, spoke of the immediate need for farm worker housing at
Veterans’ Park.
Evi Quinn, 2732 Waterbury Way, a member of the Community Outreach Committee of
the Task Force for Temporary Housing for farm workers in Carlsbad; Chair of the St.
Patrick’s Catholic Church Faith and Action Committee; and, member of the North
County Interfaith Committee for Worker Justice spoke of the immediate need for farm
worker housing at Veterans’ Park. She said that many church groups are concerned
that eviction of farm workers from the canyons is scheduled for December 8th.
Barbara Perrigo, 2447 Ocean Cove, Cardiff, said she has a long association with
Pilgrim Church and was on the Board of Directors for Casa de Hermanos; co-founder of
the Ecumenical Migrant Outreach Project; and, has been provided food for the farm
workers in the encampments. She described her efforts to bring the issues of farm
workers to the community’s attention. Ms. Perrigo said that the community is ready to
come together to address the issues of the farm workers.
Mayor Pro Tern Finnila asked if the Ecumenical Migrant Outreach Project address the
needs of the homeless, in general, or if they focus on the homeless farm workers. Ms.
Perrigo explained that they have specifically focused on the needs of the farm workers.
She said that farm workers are being encouraged to use La Posada. She explained
that transportation to the fields is sometimes a challenge.
Catherine Blecki, 1607 Bitterm Court, Coordinator of the Community Outreach for the
Task Force for Temporary Housing for Farm Workers, said she has submitted a petition
signed by many Carlsbad residents supportive of farm worker housing (on file in the
City Clerk’s Office).
December 2,2003 Carlsbad City Council Meeting Page 11
Margie Monroy, 749 East Magnolia, #B, representing the League of Men and Women
Voters of North Coast San Diego County, spoke of the immediate need for farm worker
housing. She spoke in support of expanding La Posada, but noted that there will be
farm workers who still need housing. She noted that many community organizations
are interested in assisting farm workers.
Ursula Monaco-Sweeney, 3220 Donna Drive, President of Caring Residents of
Carlsbad, said they helped in the creation of La Posada and spoke in support of the
expansion of La Posada.
Kathleen Wellman, 7144 Aviana Drive, spoke of the immediate need for farm worker
and day labor housing. She said that La Posada should be expanded and additional
locations should be studied for farm worker and day labor housing.
Tom Maddox, 51 1 Rudder Avenue, Member of the Farm Worker Housing Task Force,
said he is an in-house real estate attorney for Lowes’ Companies and that their
Western Regional Real Estate and Construction Office is located on Faraday Avenue.
He spoke of his belief that temporary housing at Veterans’ Park will be supported by a
unique and collaborative effort that will include the City, community organizations,
individuals and local businesses. Mr. Maddox said that Lowe’s Companies has a long
history of commitment and participation in each of their local communities. Mr. Maddox
said that he intends to seek assistance from Lowe’s Companies for the farm worker
housing, once a specific site has been approved. Mr. Maddox said that Thomas
Bayber, with the Carlsbad based firm of Adams Engineer, has offered his civil
engineering services once a site has been identified. Mr. Maddox also said that Bob
Garson, General Counsel for the Western Region of the Lennar Corporation, has
expressly authorized Mr. Maddox to pledge the support of Greystone Homes for the
Veterans’ Park location. Mr. Maddox said that Mr. Garson has served on the Task
Force, but could not be present tonight. Mr. Maddox said that Paul Thompson has
pledged the support of the Callaway Golf Foundation. Mr. Maddox also said that
Michael Milano, Milano & Company, was recently quoted in the North County Times as
saying that his company would be willing to look at investing in a housing solution. Mr.
Maddox said that concerns that the approval of “temporary” farm worker housing may
create pressure for a permanent use of the facility for indigent housing could be
overcome by the following facts: (1) Veterans’ Park is subject to an agreement
between the City and the California Coastal Commission, which restricts its use to only
park and open spaces. However, according to a senior staff member with the Coastal
Commission, farm housing is frequently allowed between agriculture is a favorite use
for the Coastal Zone. Mr. Maddox said that any Coastal Commission approval will
explicitly require farm worker use and an outside termination date, most likely no more
than ten years, after which time the land must revert to open space or park. (2) Mr.
Maddox said that city staff has indicated that farm worker housing does note fit within
any of the existing codes in Carlsbad. Therefore, Council would be required to adopt
an ordinance to specifically permit this use. Mr. Maddox said that the city can and
should limit this housing by ordinance to be for farm worker housing and no other use.
Mr. Maddox said that primary type of funding expected to be used would require as a
condition, that the facility be used only for farm worker housing. Mr. Maddox said that
all of the proponents for this housing, including Community Housing Works, are willing
to agree that the housing can only be used for ten years. Mr. Maddox said that as a
December 2,2003 Carlsbad City Council Meeting Page 12
practical matter, the Veterans’ Park site is not a good location for general indigent
housing. Mr. Maddox said that Community Housing Works has agreed that only farm
workers who have a pay stub from a local farming operation will be permitted to utilize
this housing. Mr. Maddox said that Council has received correspondence from the
consultant with Community Housing Works regarding the consultant’s opinion under
federal law (not on file in the City Clerk’s Office). Mr. Maddox said that he is not in a
position to give Council the answer under state law at this meeting. Mr. Maddox said
he is hopeful that the conclusion would be similar, given the temporary nature of this
housing. Mr. Maddox asked that Council authorize Community Housing Works to
pursue the grant from Rural Community Assistance Corporation for the Veterans’ Park
location, while withholding final decision on approval, until a focused site feasibility
study can be performed with the help of Adams Engineering. Mr. Maddox said that
during this brief time, staff could confirm that potential relocation liabilities can be
resolved to the city’s satisfaction.
In response to Mayor Lewis, Mr. Maddox asked Council to support the grant
application, but do not give final approval until the liability issues have been addressed.
Council Member Packard said that the grant only covers construction costs. He asked
Mr. Maddox if the Task Force has considered a funding source for operational costs.
Mr. Maddox said it is his understanding that the plan is to also seek economic support
from the farm owners, the community and local businesses.
Michael Wischkaemper, 4039 Sunnyhill Drive, spoke of the importance of proceeding
with the application for the grant available through Rural Community Assistance
Corporation and asked that the liability issue be studied before the grant is issued. Mr.
Wischkaemper reviewed his written correspondence to Council dated November 26,
2003 (on file in the City Clerk’s Office). In response to Council Member Packard, Mr.
Wischkaemper said he has spoken to farm workers and they would be glad to pay a
small amount for temporary housing.
Sister Ray Monda Duvall, 349 Cedar Street, Executive Director of Catholic Charities,
spoke in support of an immediate solution to the needed farm worker housing. She
said that application needs to be made for the grant available through Rural Community
Assistance Corporation, while liability issues are addressed. She asked Council to look
at siting farm worker housing at Veterans’ Park and to work with Catholic Charities to
expand La Posada.
Mayor Pro Tem Finnila said she would like the City Attorney to investigate the feasibility
of using volunteer labor or volunteer commitments of goods and supplies for farm
worker housing project on private and/or public land.
In response to Council Member Kulchin, Debbie Fountain, Housing and Redevelopment
Director, described a farm worker housing project in Oceanside. She said it is on
private property and was built with private funding.
Mayor Lewis said he would be willing to support sending correspondence to Rural
Community Assistance Corporation expressing interest in the grant for farm worker
housing. Mayor Lewis said he could also su ort asking staff to review the liability
issues and return to Council on December 9 for Council’s decision. RP
December 2,2003 Carlsbad City Council Meeting Page 13
Council Member Hall expressed concern that there will be hidden costs associated with
placing farm worker housing at Veterans’ Park. He also expressed concern that a large
part of the grant would need to be used to bring utilities to Veterans’ Park for temporary
housing. Council Member Hall noted that these costs would probably take longer than
one week to identify.
In response to Council Member Packard, Lloyd Hubbs, Director of Public Works,
explained that in order to bring utilities to the Veterans’ Park site, the soils condition
would need to be studied, which would take at least one month.
In response to Council Member Kulchin, Ron Ball, City Attorney, said that upon
Council’s direction, staff would immediately begin analyzing liability issues. Council
Member Kulchin said she could support Options 1, 2 and 3, as identified in the staff
report. She spoke of the importance of addressing liability issues by next week, so that
the deadline for applying for the Rural Community Assistance Corporation Grant does
not expire.
In response to Mayor Pro Tem Finnila, Eric Larson said that the biggest influx of
temporary workers is from the strawberry fields. He said that the fruit picking begins in
December and is completed in the spring. He noted that the workers all begin and end
the workday at the same time each day.
Mayor Lewis and Council Member Packard asked Mr. Ball to confirm Mr. Maddox’s
statements.
ACTION: On a motion by Mayor Lewis, Council continued this agenda to
December gth and directed the City Attorney to analyze the City’s
liability issues regarding farm worker housing.
AYES: - NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Thursday, December 4,2003 - 6 p.m.
La Costa Spa Reopening Celebration
2100 Costa Del Mar Road
Carlsbad, California
Thursday, December 4,2003 - 5:30 p.m.
Carlsbad Planning Commission Staff Appreciation Event
421 3 Sunnyhill Drive
Carlsbad, California
December 2,2003 Carlsbad City Council Meeting Page 14
COUNCIL REPORTS AND COMMENTS:
Council Members provided updates regarding their various committees.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of December 2, 2003, was adjourned at 10:40
p.m.
LO WINE M. WOOD, CMC
&clerk
Janice Breitenfeld, CMC
Deputy City Clerk