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HomeMy WebLinkAbout2011-12-13; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 13, 2011 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Hall called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Blackburn and Packard. Absent: Council Member Douglas. PRESENTATIONS: Carisbad Rotary Presentation to Council. Council received a presentation from Jim Brubaker and Pat Mintz representing the Cartsbad Rotary Clubs of Carisbad thanking the city for its participation in the Oktoberfest event. Presentation in recognition of CERT Academy graduates. Emergency Preparedness Manager David Harrison introduced CERT volunteers that recently graduated from the program. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Kulchin, Council affimied the action of the Consent Calendar, Items 1 through 5 as follows: AYES: Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Douglas. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #20.754 - ACCEPTANCE OF DONATIONS. Council adopted RESOLUTION NO. 2011-280. accepting cash and in-kind donations in support of the 2011 Health Expo and Triathlon held July 9 and 10, 2011; and, authorizing the Finance Director to appropriate the funds to the Parks and Recreation Triathlon Special Reserve Fund. 2. AB #20.755 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2011-281. accepting cash and in-kind donations resulting from the 2011 Dinner and a Movie Night ticket event at Leo Carrillo Ranch Historic Parte, in support ofthe Leo Carrillo Ranch Trust Fund. December 13, 2011 Carisbad City Council Meeting Page 2 3. AB #20.756 - APPROVE APPROPRIATION OF FUNDS TO THE REGIONAL WINTER SHELTER PROGRAM. Council adopted RESOLUTION NO. 2011-282. approving the appropriation of funds from the Housing Trust Fund to support the Regional Winter Shelter Program; and, authorizing the City Manager to execute atl appropriate documents. 4. AB #20.757 - AUTHORIZE PURCHASE OF PREFABRICATED STORAGE BUILDING. Council adopted RESOLUTION NO. 2011-283. authorizing the purchase of a prefabricated restroom storage building for Pine Avenue Park from Nevada Restroom Facilities Limited (Unit B312STPS). 5. AB #20.758 - CDBG/HOME FUNDING ADVISORY COMMITTEE APPOINTMENTS. Council adopted RESOLUTION NO. 2011-284. appointing members to the City of Carisbad's Community Development Block Grant/Home Investment Partnership Funding Advisory Committee for two year terms. ORDINANCES FOR ADOPTION: 6. AB #20.759 - SDU RENT RESTRICTIONS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-166. approving a Zone Code Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance, ZCA 11-04. AYES: Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Douglas. 7. AB #20.760 - AGUA HEDIONDA SEWER LIFT STATION. City Attomey Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-167. amending the Encina Power Station Precise Development Plan, PDP 00-02, to approve the Sewer Lift Station and associated piping (SLS) proposed at the Encina Power Station (EPS), 4600 Carisbad Boulevard, Carisbad; and adopted ORDINANCE NO. CS-168. adopting Specific Plan Amendment 144(L) to incorporate amended Precise Development Plan 00-02(C) for the Encina Power Station, Sewer Lift Station and associated piping. AYES: Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Douglas. December 13, 2011 Carisbad City Council Meeting Page 3 PUBLIC COMMENT: Border Patrol Agents Evelyn Boresof and Ed Calir came fonward to inform the Council and the community of immigrant and narcotic smuggling taking place along the coast. The Border Patrol Agency is asking forthe public's assistance if unusual activity is sighted, and requested that citizens call the Coast Guard (who is working with the Border Patrol Agency) at 1-800-854-9834. PUBLIC HEARINGS: 8. AB #20.761 - DOS COLINAS PROJECT. Council concurred to continue this item to the January 10, 2012 Council meeting. 9. AB #20.762 - GREEN DRAGON COLONIAL VILLAGE. Associate Planner Jason Goff gave the staff report and Power Point presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 7:29 p.m. Rick Douglas came fonward and spoke in support of the project. Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 7:30 p.m. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2011-286.approvinq a Conditional Use Permit Amendment to revise conditions of approval in Planning Commission Resolution No. 6550 associated with the Green Dragon Colonial Village Project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road. AYES: Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Douglas. 10. AB #20.763 - VILLAGE FARMER'S MARKET EXTENSION. Council Member Packard recused himself from the meeting due to a potential conflict of interest and left the dias at 7:31 p.m. Assistant Planner Austin Silva gave the staff report and Power Point presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 7:33 p.m. December 13, 2011 Carisbad City Council Meeting Page 4 The following persons spoke in support of the extending the permit for the Famners Market: Paige DeCino Christie Johnson Glenn Bernard Gary Nessim Alan Wanamaker Michele Formant Jay Corrales Rick Douglas Seeing no one else wishing to speak, Mayor Hall closed the Public Hearing at 6:43 p.m. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2011-287. approving a Major Review Pemiit Extension (RP 94-05X6) to extend the expiration date of the permit by three years to September 19, 2014, for the Wednesday and Saturday Farmer's Market held in the public parking lot at 2930 Roosevelt Street in District 1 of the Village Review Zone. AYES: Hall, Kulchin and Blackburn. NOES: None. ABSENT: Douglas and Packard. Council Member Packard returned to the dias at 6:45 p.m. 11. AB #20.764 - 2011-2012 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT. Senior Management Analyst Frank Boensch gave the staff report and Power Point presentation on this item (on file in the Office of the City Clerk). Council Member Blackburn asked if the unallocated CDBG Hinds need to be used before the April 30 deadline. Mr. Boensch replied that those funds do need to be expended or the city could be in danger of losing future CDBG funding. He added that an affordable housing project has been identified for use of the remaining funds. Council Member Blackburn asked if staff had a second option for expending the funds if the affordable housing project was unsuccessful. Mr. Boensch replied that the funds could be allocated to another project or the funds could be allocated to projects requesting funding next year. In response to an inquiry from Council Member Packard, Mr. Boensch explained that the matching fund policy for an organization to receive CDBG funding is a city policy. Mayor Hall opened the duly noticed Public Hearing at 6:55 p.m. December 13, 2011 Carisbad City Council Meeting Page 5 The following people spoke in support of the North County Health Services (NCHS) proposal to receive CDBG funding to relocate to a new facility on Cartsbad Village Drive: Anabel Ruiz Sydney LeBlanc Berta Mendoza Deizel Sarte Ann Hop The following people spoke in opposition to the North County Health Services proposal to receive CDBG funding to relocate to a new facility on Carisbad Village Drive citing the following issues: • The square footage cost of the Carisbad Village Drive property is higher than comparable parcels elsewhere in Carisbad and the proposed space offers no room for growth; • The lack of adequate parking spaces to accommodate the number of people who will be served, an increase of traffic on Carisbad Village Drive and safety issues; • The proposed property is further away from the area North County Health Services serves. Steve Ballic Jeremiah Taylor Carmy sinuneet Cindy Fallah Al Fallah Dave Tracey Kelly Taylor Josh Robinson. Dana Withall, representing NCHS, came fonward to address Council stating that the property was chosen by North County Health Services after a two year search. She added that one of the primary reasons for choosing the Carisbad Village Drive location was because of its proximity to a bus route, explaining that many of those who use NCHS take public transportation and do not have a vehicle. She further added that there are many residents from all areas of Carisbad who use North County Health Services. Brianna Cardoza representing NCHS, stated she was a member of the NCHS planning committee for a new location. She explained that many of the comparable sites mentioned during public comment, were reviewed and did not meet the criteria to be used as a health care facility, or the tenant improvements were too costly. Craig Jones representing Intertaith Community Services, came fonward and stated he was available to answer any questions regarding his organization's proposal that Council might have. City Attorney Ron Ball reminded Council that the site identified by North County Health Services for its new medical facility had already received land use permits from the city and discussion of land use was not appropriate during this public hearing. Kathleen Wellman came fonward to address Council. She spoke in support of the Community Development Block Grant Program, stating thatthe funding provided by Housing and Urban Development had very specific guidelines for its use to be followed or December 13, 2011 Carlsbad City Council Meeting Page 6 risk the loss of the funds. Ms. Wellman encouraged Council to support the uses recommended by staff for these funds. Mayor Hall closed the Public Hearing at 7:40 p.m. RECESS: Mayor Hall called a recess at 7:40 p.m. RECONVENE MEETING: Council reconvened at 7:49 p.m. with four members present. Continuation of Item No. 11: In response to an inquiry from Council Member Packard, Community and Economic Development Director Gary Barberio explained that the parking ratio per square foot is higher outside of the Village area and the current site chosen by North County Health Services was zoned for office and medical use. He added that some of the other properties mentioned during public comment are zoned for office, but may not be suitable for medical use. In response to an inquiry from Council Member Blackburn, Housing and Neighborhood Services Director Debbie Fountain explained that an appraisal of the selected site on Cartsbad Village Drive is required by HUD and if the property is above or below the fair market rate, a justification regarding the purchase will be required. She added that the appraisal will be conducted before funds are dispersed. Ms. Fountain stated that it is the responsibility of the organization requesting the funds to find a location and the City Council must decide whether to provide these funds to meet the needs of the organization's proposal. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2011-288. approving the submittal of an amendment to the 2011-2012 Action Plan for the City's Community Development Block Grant Program to the U.S. Department of Housing and Urban Development. AYES: Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Douglas. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB #20.765 - WINNING TEAMS GRANT REQUEST. Management Analyst Courtney Enriquez gave the staff report and Power Point presentation (on file in the Office ofthe City Clerk). December 13, 2011 Carisbad City Council Meeting Page 7 ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2011-289. approving a Winning Teams Grant for the La Costa Canyon Pop Warner Charging Mavericks Cheer Squad; and, authorizing appropriation of funds from the City Council's General Fund contingency account. AYES: Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Douglas. 13. AB #20.766 - SANDAG ONBOARD TRANSIT PASSENGER SURVEY PRESENTATION. Council concurred to continue this item to a meeting date to be determined. 14. AB #20.767 - TRAFFIC SIGNAL PROGRAM UPDATE. Senior Civil Engineer Doug Bilse and Deputy City Engineer Bryan Jones gave the staff presentation to Council (on file in the Office of the City Clerk), stating that the program is on schedule. COUNCIL REPORTS AND COMMENTS: Mayor Hall and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following event: Wednesday, December 14, 2011-6:00 p.m. Cartsbad Action Network Event Home of Saundra & Bill Cima 2090 Candil Place Carlsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting of December 13, 2011 was adjourned at 8:49 p.m. .ORRAINE^. WOOD, CMC City Clerk