HomeMy WebLinkAbout2010-05-25; City Council; Minutes (2)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 25, 2010
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 City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Blackburn.
Absent: None.
APPROVAL OF MINUTES:
Mayor Lewis abstained from approving the Minutes on April 27, 2010 due to his
absence at those meetings.
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were
approved as presented:
Minutes of the Regular Meeting held April 27, 2010.
Minutes of the Joint Special held April 27, 2010.
Minutes of the Special Meeting held May 4, 2010.
Minutes of the Regular Meeting held May 11, 2010.
PRESENTATION:
This item was continued to a Council meeting at a date to be determined.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the
action of the Consent Calendar, Items # 1 through # 8 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
May 25, 2010 Carlsbad City Council Meeting Page 2
1. AB #20.236 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2010-119. accepting a cash donation from
the Point Loma Credit Union in support of the 2010 EGGstravaganza Spring
Festival; and, authorizing the donation to be appropriated in the Park and
Recreation's Special Events fund.
2. AB #20.237 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2010-120. approving the plans and
specifications for the construction of the Leo Carrillo Ranch Barn Restoration;
and, authorizing the City Clerk to advertise for bids, Project No. 45051.
3. AB #20.238 - AUTHORIZE GRANT APPLICATION TO THE CALIFORNIA
LIBRARY LITERARY SERVICE.
Council adopted RESOLUTION NO. 2010-121. authorizing the City Library to
apply for a grant from the California Library Literacy Service and accept any
award of grant funds.
4. AB #20.239 -APPROVE FINAL MAP FOR OCEAN COLLECTION.
Council adopted RESOLUTION NO. 2010-122. approving the Final Map for
Ocean Collection; and, authorizing the Final Map to be recorded, CT 07-12.
5. AB #20.247 -APPROVE INCREASE IN CONTINGENCY FOR CONSTRUCTION
OF ALGA NORTE COMMUNITY PARK.
Council adopted RESOLUTION NO. 2010-128. approving and authorizing an
increase in the contingency for the construction of Alga Norte Community Park,
Project No. 3837.
6. AB #20.240 - APPROVE GRANT REQUEST FROM AVIARA OAKS MIDDLE
SCHOOL.
Council adopted RESOLUTION NO. 2010-123. approving a Winning Teams
Grant for the Aviara Oaks Middle School Odyssey of the Mind Team; and,
authorizing the appropriation of funds for the award.
7. AB #20.241 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2010-124. continuing the Declaration of
Local Emergency for repair and stabilization of a road fill failure along the
number two land of Carlsbad Boulevard Southbound, southerly of the Encinas
Creek Bridge; and, appropriating additional funds, Project No. 6032.
8. AB #20.242 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City Investments as of April 30, 2010.
ORDINANCE FOR ADOPTION:
9. AB #20.243 - AMEND CARLBAD MUNICIPAL CODE REGARDING QUALIFICATIONS
FOR CITY TREASURER.
City Attorney Ron Ball titled the Ordinance.
May 25, 2010 Carlsbad City Council Meeting Page 3
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-080. adding Section 2.08.022 to the
Carlsbad Municipal Code, establishing certain minimum criteria for
eligibility for the elected office of City Treasurer.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
PUBLIC COMMENT:
Don Christiansen of Carlsbad came forward to address Council. Mr. Christiansen
spoke in opposition to State Proposition No. 16 on the June 8, 2010 ballot. He
suggested that if citizens would like more information on this item, it was available on
the websites NOPROP16.org and YESON16.
Glenn Bernard of Carlsbad came forward to address Council. Mr. Bernard expressed
his concerns regarding the use of City funds for the recent recruitment of a Police Chief
for Carlsbad.
PUBLIC HEARINGS:
10. AB #20.244 -TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF
PROJECTS.
Senior Civil Engineer Marshall Plantz gave the PowerPoint presentation and staff report
(on file in the Office of the City Clerk).
Mayor Lewis opened the duly noticed Public Hearing at 6:19 p.m.
Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:19 p.m.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 2010-125. approving the Carlsbad
TransNet Local Street Improvement Program of Projects
for fiscal years 2010/11 through 2014/15.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
11. AB #20.245 - APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL
DEVELOPMENT PERMIT - GOETZ SEAWALL.
Senior Planner Van Lynch gave the PowerPoint presentation and staff report (on file in
the Office of the City Clerk).
May 25, 2010 Carlsbad City Council Meeting Page 4
Marco Gonzales of the Coastal Environmental Rights Foundation, came forward to
address Council. He provided Council copies of a SANDAG cost sheet detailing the
price per cubic yard of sand. Mr. Gonzales stated he felt the cost of $3 per cubic yard of
sand was not correct and asked that the City recalculate the cost.
Mr. Gonzales stated he had concerns with construction of a seawall due to public
safety. Mr. Gonzales said the seawall impedes natural erosion of the beach and bluffs.
Olivia Borak with the Coastal Environmental Rights Foundation stated that the
temporary coastal development permit is discretionary and should be replaced by a
regular coastal development permit. She added that an environmental impact report
should be prepared to determine the long-term impact of the seawall.
Todd Cardiff, representing the San Diego Chapter of the Surfrider Foundation came
forward to address Council. Mr. Cardiff said he disagreed with the analysis regarding
the bluffs erosion by Geosoils. Mr. Cardiff requested that Council deny the permit. He
presented photos to Council to be entered into the record.
Mr. Gonzales ended the presentation, stating the City should conduct an environmental
impact review of this coastal area. He requested Council return the item to staff to
conduct a mitigated negative declaration.
Dean Goetz stated that the December 19, 2009 bluff collapse was estimated at 250
tons. He added that the bluff also collapsed on December 30, 2009, January 14, 2010,
and on January 19, 2010. Mr. Goetz explained that he owned this portion of the beach,
it is heavily used by the public, and built the seawall to protect the public.
John Corn, attorney-at-law, representing Mr. Goetz and Mr. Sylver, came forward to
address Council. Mr. Corn referenced the Coastal Act, which provides for the
construction of seawalls due to bluff collapses and are not subject to CEQA review. Mr.
Corn also addressed the $3 per cubic yard price of sand, stating that this cost was
supported by obtained bids.
Mr. Gonzales rebutted the statements of Mr. Goetz and Mr. Corn, clarifying his previous
statements.
Mayor Lewis opened the duly noticed Public Hearing at 7:18 p.m.
Seeing no one wishing to speak Mayor Lewis closed the Public Hearing at 7:18 p.m.
RECESS:
Mayor Lewis declared a recess at 7:18 p.m.
RECONVENE MEETING:
Mayor Lewis reconvened the meeting at 7:25 p.m. with five Council Members present.
May 25, 2010 Carlsbad City Council Meeting Page 5
At the request of City Attorney Ron Ball, Mr. Lynch explained the $3 cost per cubic yard
of sand, adding that a report is on file and available for public review. Mr. Lynch said
that Mr. Goetz made a case that sand replenishment done on a regional basis through
the regional program was much more cost effective than obtaining sand from a local
sand supplier.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-126. denying the
appeal of the Planning Commission's approval of Coastal
Development Permit CDP 09-13, Special Use Permit SUP
09-05, and the determination that the project is exempt from
the California Environmental Quality Act, for a post
Emergency Coastal Development Permit for the construction
of a 97-foot long by 17 to 24-foot tall bluff-colored and
textured seawall along the coastal bluff and below the
residences located at 5323 and 5327 Carlsbad Blvd.,
located on the west side of Carlsbad Blvd. and northerly of
Cerezo Drive.as amended to:
1) Delete the paragraph entitled "Notice to Applicant" and
instead insert the following "Notice to Applicant: This action
may be appealed to the California Coastal Commission
since it is a development between the sea and the first
public road paralleling the sea. (Public Resources Code
section 30603(a)(1)). Any party who desires to challenge
the City Council/s action by seeking judicial review must first
obtain a final decision on the merits from the California
Coastal Commission. Exhaustion of this administrative
remedy is a prerequisite to any legal action. The City
Council shall toll the time for any action challenging its
decision until after a final decision on the merits is obtained
from the California Commission."; and,
2) Paragraph 2 should be amended to read: "That the
findings of the Planning Commission in Resolution
Nos. 6677 and 6678 on file with the City Clerk and
incorporated by reference herein constitute the findings of
the City Council in this matter except that the amount
required by the developer to deposit of an in-lieu fee shall be
$2,469 which about was inadvertently omitted from Planning
Commission Resolution No. 6677.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
May 25, 2010 Carlsbad City Council Meeting Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS:
9. AB #20.248 - SPECIAL EVENT GRANT REQUEST FOR ARTSPLASH.
Management Analyst Courtney Enriquez gave the staff report and PowerPoint
presentation (on file in the Office of the City Clerk).
In response to an inquiry from Council Member Blackburn, Mr. Enriquez explained that
the in-kind service charges of $70,000 were for safety and traffic resources.
Joni Miringoff, representing ArtSplash, thanked Council for its support of the event.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-129. authorizing a Special Event
Grant to Artsplash for the Artsplash 2010 Event; and,
authorizing the Finance Director to appropriate funds for the
event.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
10. AB #20.246 - APPOINTMENT TO THE ARTS COMMISSION.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2010-127. appointing Pamela Friese to
the Arts Commission
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
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.
ANNOUNCEMENTS:
Sherry Freisinger, Deputy Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Tuesday, June 1, 2010 at 8:15 a.m.
California State Senior Pickleball Tournament
Poinsettia Community Park
6600 Hidden Valley Road, Carlsbad
May 25, 2010 Carlsbad City Council Meeting Page?
Tuesday, June 1, 2010 at 3:00 p.m.
Swearing in Ceremony for City of Carlsbad Police Chief
City of Carlsbad Faraday Center
1635 Faraday Avenue, Carlsbad
Sunday, June 6, 2010 at 12 Noon
Carlsbad City Library Literacy Services
Carlsbad Senior Center
799 Pine Avenue, Carlsbad
ADJOURNMENT:
By proper motion, the Regular Meeting of May 25, 2009 was adjourned at 7:48 p.m.
SHERRY FREI
Deputy Clerk