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HomeMy WebLinkAbout2009-04-07; City Council; Minutes (2)MINUTES MEETING OF: CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION (Joint Special Meeting) DATE OF MEETING: April 7, 2009 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor/Chair Lewis called the Meeting to order at 6:35 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Hall, Kulchin, Packard and Blackburn. Absent: None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held March 17, 2009. Minutes of the Joint Special Meeting held March 17, 2009. PUBLIC HEARING: This item was continued from the Joint Special Meeting held March 17, 2009. 8. AB #19.749 - ROOSEVELT CENTER CONDOMINIUM CONVERSION. Council/Commission Member Packard stepped down from the dais at 6:35 p.m. citing conflict of interest, due to owning property near the subject area. Assistant Planner Austin Silva and Senior Civil Engineer Glen Van Peski presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Silva explained that research was done to determine the effectiveness of private water sub meters in multifamily units. He stated that this type of water meter has been selectively used in more than 1,000 units over the last 20 years in Carlsbad. Mr. Silva explained that the Home Owner's Association for the project would hire a private company to bill and collect payments for the private meters, based on individual water usage. He stated that the Home Owner's Association would make the payment for the master meter to the City; and, if necessary, the water could be shut off for non-payment of the master meter bill. Mayor/Chair Lewis stated his opposition to using a master meter with private sub meters for this project. He stated that each residence should have its own meter as it will encourage conservation and will be more advantageous to the owner. In response to an inquiry from Mayor Pro Tern/Vice Chair Kulchin, Mr. Van Peski stated that each residence will be required to pay its share of the water bill based on water usage. April 7, 2009 Joint Special Meeting of the Page 2 Carlsbad City Council and the Housing and Redevelopment Commission City Attorney Ron Ball stated that the developer submitted a letter to the Housing and Redevelopment Commission (on file in the Office of the City Clerk) which indicated that it was the intent of the owner to maintain a portion of ownership of the real estate to operate the Homeowner's Association, facilitating the payment of the master water usage bill. Mr. Ball recommended that the resolution be amended to require that the developer maintain ownership of 51 % of the real estate. In response to an inquiry from the Council/Commission, Brent Reisinger, representing the property owner, came forward to address Council. Mr. Reisinger stated that requiring the owner to indefinitely maintain 51% ownership was unfair. Council/Commission concurred to amend the resolution to include that 51% of the real estate ownership must be maintained by owner or subsequent owner. ACTION: On a motion by Mayor Pro Tern/Vice Chair Kulchin, the Commission/Council adopted RESOLUTION NO. 2009-053. approving a Tentative Tract Map for the conversion of mixed- use development project into ten condominiums with three commercial units, five office units, and two residential units on the property located at 560 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area; and, Adopted HOUSING AND REDEVELOPMENT RESOLUTION NO. 465. approving an amendment to Major Redevelopment Permit (RP 06-03) and Coastal Development Permit (CDP 06- 09) for the conversion of a mixed-use development project into ten condominium units with three commercial units, five office units, two residential units, amended as follows: "That the project CC&R's shall include the requirement that the developer/owner or subsequent owner shall retain a minimum of 51% of the real estate and shall operate and be responsible for the property owners association which shall be responsible for and shall pay the monthly water usage bills," on property located at 560 Carlsbad Village Drive (APN: 203-292-22). AYES: Kulchin, Hall, and Blackburn. NOES: Lewis. ABSENT: Packard. Council/Commission Member Packard returned to the dais at 6:53 p.m. ADJOURNMENT: By proper motion, the Joint Special Meeting of April 7, 2009, was adjourned at 6:53 p.m. City Clerk Morgen Fry Minutes Clerk