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HomeMy WebLinkAbout2009-06-16; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 16, 2009 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Lewis, Kulchin, Hall, Packard and Blackburn. Absent: None. LEGISLATIVE INVOCATION: Mayor Lewis led the Legislative Invocation. PLEDGE OF ALLEGIANCE: Council Member Blackburn led the Pledge of Allegiance. PRESENTATIONS: Council Member Hall presented a Proclamation to North County Transit District (NCTD) Representative Council Member Packard in recognition of National Dump the Pump Day, Thursday, June 18,2009. Arts Manager Peter Gordon came forward to address Council. Mr. Gordon introduced Kevin Mudd, President of the Carlsbad Friends of the Arts. Mr. Mudd stated that the Carlsbad Friends of the Arts was pleased to a $20,000 donation in support of the TGIF Jazz in the Parks concert series. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #7 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. June 16, 2009 Carlsbad City Council Meeting Page 2 1. AB #19.852 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-136. accepting a donation from the Carlsbad Friends of the Arts and appropriating the funds to the Cultural Arts Office TGIF Jazz in the Parks donation account. 2. AB #19.853 - AUTHORIZATION TO APPLY FOR A GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICE. Council adopted RESOLUTION NO. 2009-137. authorizing the Carlsbad City Library to apply for a grant from the California Library Literacy Service and to accept any award of grant funds. 3. AB #19.854 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2009-138. accepting bids and awarding a contract to All American Asphalt for construction of the 2009 Slurry Seal Project, Project No. 6001-09SS. 4. AB #19.855 - APPROVAL OF PARTICIPATION IN THE AGUA HEDIQNDA LAGOON TOTAL MAXIMUM DAILY LOAD DEVELOPMENT COST SHARE AGREEMENT. Council adopted RESOLUTION NO. 2009-139. approving a cost-share agreement for the Total Maximum Daily Load (TMDL) Development for indicator bacteria and sedimentation/siltation in Agua Hedionda Lagoon. 5. AB #19.856 -APPROVAL OF AGREEMENT FOR PHOTOGRAMMETRIC AND MAPPING SERVICES. Council adopted RESOLUTION NO. 2009-140. approving an agreement for professional photogrammetric and mapping services with Digital Mapping, Inc.; and, approving a nine-agency consortium MOD for cost-sharing of the photogrammetric and mapping services. 6. AB #19.857 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2009-141. accepting bids and awarding a contract to Sierra Pacific West, Inc. for the construction of Palomar Airport Road Widening at Paseo Del Norte, Project No. 3811. 7. AB #19.858 - APPROVAL OF AGREEMENT FOR DESIGN OF HOME PLANT SEWER LIFT STATION. Council adopted RESOLUTION NO. 2009-142. approving an agreement with PSOMAS for the Home Plant Sewer Lift Station Replacement, Project No. 5509. PUBLIC COMMENT: Gus Calderon, Carlsbad, came forward to address Council. Mr. Calderon expressed concerns relating to the City's recent decision to prohibit the flying of radio controlled airplanes in City parks. He further explained that he operates a business that relies on the park sites to take aerial photographs from radio controlled planes. He provided Council with copies of photographs taken from his planes (on file in the Office of the City Clerk). In response to an inquiry from Mayor Lewis, Mr. Calderon confirmed that he does have liability insurance for his planes. June 16, 2009 Carlsbad City Council Meeting Page 3 Council directed staff to review the concerns expressed by Mr. Calderon relating to the operation of radio controlled airplanes in City Parks. Todd Cardiff, representing the Surfrider Foundation came forward to address Council. Mr. Cardiff submitted a letter dated June 16, 2009 to City Manager Lisa Hildabrand (on file in the Office of the City Clerk) expressing concerns relating to the Emergency Seawall Permit (CDP 09-07) Application granted to Mr. Goetz and Mr. Syler on June 10, 2009. He stated that the emergency permit to construct the seawall was granted on the basis of safety by the Planning Director. He further stated that signage warning the public to stay away from the bluff could serve the same purpose. In closing, Mr. Cardiff requested that the emergency seawall permit be placed on the Council's agenda this evening for discussion. City Attorney Ron Ball advised the Council that the matter could be added to the agenda as an emergency item by motion and vote of the Council. ACTION: On a motion by Council Member Packard, Council concurred to add an item to the end of the agenda to discuss the Emergency Coastal Development Permit for the Goetz Seawall (CDP 09-11). AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL. MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Joint Special Meeting of the City Council, Municipal Water District and Housing and Redevelopment Commission at 6:23 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Joint Special Meeting of the City Council, Municipal Water District and Housing and Redevelopment Commission and reconvened the City Council Meeting at 8:23 p.m. with five Council Members present. RECESS: Mayor Lewis declared a recess at 8:23 p.m. Council reconvened at 8:25 p.m., with five members present. EMERGENCY AGENDA ITEM: EMERGENCY COASTAL DEVELOPMENT PERMIT CDP 09-11 - GOETZ SEAWALL City Attorney Ron Ball gave a brief explanation of the provisions allowing the City to issue the Emergency Coastal Development Permit for this project. June 16, 2009 Carlsbad City Council Meeting Page 4 Planning Director Don Neu came forward to address Council. Mr. Neu explained that staff issued an Emergency Coastal Development Permit (CDP 09-11) to Mr. Goetz per the provisions in the City's local Ordinances and referenced his memo dated June 16, 2009 to the City Manager (on file in the Office of the City Clerk). He further explained that the Emergency permit was granted in response to a failure on the coastal bluff along 5323 and 5327 Carlsbad Boulevard between Cerezo Drive and Shore Drive. He stated that the repair work includes the construction of a seawall that will prevent future bluff failures. Mr. Neu also stated that a third party outside consultant was hired at the expense of the applicant to review the plans and technical reports relating to the requested seawall. He further explained that upon analysis and peer review, a determination was made that the construction of the seawall would accomplish the necessary bluff repairs. He also stated that homeowners within 600 feet of the subject property along with the Coastal Commission were notified of the Emergency Permit. In closing, Mr. Neu stated that city staff discussed the permitting process with Coastal Commission staff to ensure that the proper agency was issuing the Permit. In response to Council Member Packard, Mr. Neu confirmed that the contractor hired to construct the seawall was conditioned to adhere to environmental regulations throughout the construction process. Mayor Lewis confirmed with staff that the Coastal Commission staff had confirmed Carlsbad's authority to issue the Emergency Permit, and that the applicant has met all requirements of the permit. City Attorney Ron Ball explained that the applicant Mr. Goetz had followed all guidelines established by the Planning Director and the Municipal Code. Todd Cardiff, representing the Surfrider Foundation, came forward to address Council. Mr. Cardiff encouraged the Council to overturn the Planning Director's decision to grant the Emergency Permit and to place the matter on an upcoming agenda. Mr. Cardiff further explained that the request for permit should have been processed as a regular Coastal Development Permit rather than an Emergency Coastal Development Permit to allow the application to go through the Coastal Development Process. ^ Dustin Rosa, Carlsbad, came forward to address Council. Mr. Rosa provided Council with photographs of the construction site (on file in the Office of the City Clerk). He expressed concerns relating to the impacts the operation of the construction equipment has on the environment. He further stated that he had witnessed unsafe conditions at the construction site. Ray Files, the contractor hired to construct the seawall, came forward to address Council. Mr. Files stated that the construction site had been inspected by City personnel since the beginning of construction. He further explained that a full time safety inspector has also been on site. In conclusion, he stated that efforts have been made to minimize the impacts of the construction on the surrounding environment and visitors to the beach. June 16, 2009 Carlsbad City Council Meeting Page 5 Dean Goetz, the Emergency Coastal Development Permit (CDP 09-11) applicant, came forward to address Council. Mr. Goetz explained that construction of the seawall is necessary to preserve the bluff and to avoid potential danger to individuals walking on the beach. He further explained that the seriousness of the danger to individuals on the beach due to slope failures prompted the application for an emergency permit. Lisa Baker, Escondido, came forward to address Council. Ms. Baker expressed concerns relating to the Emergency Coastal Development Permit. She stated that an emergency permit was not warranted and that an Environmental Impact Report should have been prepared prior to construction of the seawall. In response to an inquiry from Mayor Lewis, City Attorney Ron Ball explained that if two or more Council Members are interested in hearing further information regarding the matter, the Council can vote to have the item placed on a future agenda. In conclusion, he stated that if the Council is satisfied with staffs decision, no further action is required by the Council. Council discussion ensued regarding their support for staffs decision to issue the Emergency Coastal Develop Permit (CDP 09-11). No further action was taken. COUNCIL REPORTS AND COMMENTS: Mayor Lewis 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. ADJOURNMENT: By proper motion, the Regular Meeting of June 16, 2009 was adjourned at 9:08 p.m. Assistant City Clerk Shelia R. Cobian Deputy City Clerk