HomeMy WebLinkAbout2011-01-11; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: January 11, 2011
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Hall called the Regular Meeting to order at 6:00 p.m.
ROLL CALL: was taken by the City Clerk, as follows:
Present: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
Absent: None.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were
approved as presented:
Minutes of the Special Meeting held December 14, 2010.
Minutes of the Regular Meeting held December 14, 2010.
Minutes of the Special Meeting held December 16, 2010.
Minutes of the Special Meeting held December 20, 2010.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Kulchin, the Council affirmed
the action of the Consent Calendar, Items #1 through #6 as
follows:
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #20.424 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2011-001. accepting cash and in-kind
donations in support of the Pumpkin Plunge special event held on October 9,
2010; and, authorizing the appropriation of said donations.
January 11, 2011 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR (Continued)
2. AB #20.425 - APPROVE CONTRIBUTION TO THE REGIONAL WINTER
SHELTER PROGRAM.
Council adopted RESOLUTION NO. 2011-002. approving the appropriation of
funds from the Housing Trust Fund as a contribution to the Regional Winter
Shelter Program.
3. AB #20.426 - APPROVE TEMPORARY ENHANCEMENT TO MILITARY LEAVE
BENEFITS.
Council adopted RESOLUTION NO. 2011-003, approving extending the
temporary enhancement of military leave benefits for employees called to active
duty to combat terrorism and strengthen homeland defenses.
4. AB #20.427 -APPROVE APPOINTMENTS TO CDBG/HOME FUNDING
ADVISORY COMMITTEE.
Council adopted RESOLUTION NO. 2011-004, approving appointments to the
City of Carlsbad's Community Development Block Grant/HOME Investment
Partnership Funding Advisory Committee for Program Year 2011-2012.
5- AB #20.428 - APPROVE MOU WITH CITY OF VISTA FOR OPERATION AND
MAINTENANCE OF BUENA VISTA AND AGUA HEDIONDA PUMP STATIONS.
Council adopted RESOLUTION NO. 2011-005. approving the Memorandum of
Understanding with the City of Vista and Encina Wastewater Authority for
operation and maintenance of the Buena Vista and Agua Hedionda Pump
Stations.
6. AB #20.429 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City investments as of
November 30, 2010.
PRESENTATION:
Mayor Hall presented Mayor Pro Tern Kulchin with pins in recognition of 30 years of
service.
January 11, 2011 Carlsbad City Council Meeting Page 3
ORDINANCE FOR INTRODUCTION:
7. AB #20.430 - INCREASE PRIMA FACIE SPEED LIMITS UPON LOKER AVENUE.
City Attorney Ron Ball explained and titled the Ordinance for introduction.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-115, amending Title 10, Chapter
10.44 of the Carlsbad Municipal Code by the revision of
Section 10.44.470 to increase the prima facie 30 mile per
hour speed limit to 40 miles per hour on Loker Avenue, east
from Palomar Airport Road to El Fuerte Street.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Buzzl 857@vahoo.com. a.k.a. Policewatch.org, came forward to address Council
regarding freedom of speech and the police.
PUBLIC HEARING:
8. AB #20.431 - EL FUERTE VIEW APPEAL
Senior Planner, Christer Westman, and Glen Van Peski, Senior Engineer, gave the staff
report and Power Point presentation (on file in the office of the City Clerk).
Council Member Blackburn asked about the geological instability issue, and a possible
failure of hillside. Glen Van Peski advised that recourse for homeowners would be
through the courts, and that no additional long term insurance can be required by the
City.
City Attorney, Ron Ball, asked about the gnat catcher and scrub oak. Christer Westman
advised that the biological studies did not identify any gnat catchers or scrub oak, and
that the protocol survey did not identify any federal or state endangered species, plant
or animal. He further stated that this project site is not considered a significant site for
endangered species.
Following a question from Council Member Packard, Glen Van Peski advised that the
City did not have a policy regarding private driveways at this project. He stated that the
preference is not to have private driveways, but it is not prohibited.
Council Member Blackburn inquired about lot sizes, to which Glen Van Peski advised
that the lot sizes are slightly larger than those in this neighborhood.
January 11, 2011 Carlsbad City Council Meeting Page 4
Ann Estes, Carlsbad, and Bob Lattin presented a Power Point presentation (on file in
the office of the City Clerk) challenging El Fuerte View as currently planned, and their
reasons for the appeal.
Ross Campbell, on behalf of the Coastal Environmental Rights Foundation, addressed
council regarding their comment letter, on file in the office of the City Clerk, arguing that
there is evidence that the site does have biological value as identified by the Fish and
Wildlife Services. He stated that an EIR is required and that the project falls under
CEQA requirements with regard to biological resources, aesthetics, noise impacts and
geological issues.
Marco Gonzalez, Coast Law Group, addressed Council regarding minor amendments
under HMP, mapping revisions, and the rights of the public to challenge this project.
The following people spoke in opposition to the project:
Mary Sarnecky, Carlsbad
Jim Hensley, Carlsbad
Richard Weston, Carlsbad
Charles Marshall, Carlsbad
Steven Carroll, Carlsbad
The following people spoke in support of the project:
Gus Hamsayeh
Michael Schmidt
Jose Zamridi, Civil Engineer, representing CNS Engineering, advised that, subsequent
to meeting with homeowners, a number of modifications and revisions had been made
to the original plans with regard to the view and grading. He also advised that 3 or 4
lots are encroaching on this area by unauthorized pools and decks.
Steve Melser, Geologist, who provided the geo technical report, advised Council that
there are no deep seated slope problems.
Council Member Packard asked about the process of development and whether the
HOA had participated in the planning. Christer Westman advised that there was at least
one meeting at the City offices, which included discussion with the Architectural Review
Committee regarding such items as lowering the pads and having the lots front onto El
Fuerte. The redesigned plan presented to the Architectural Review Committee, and the
plans submitted to the Planning Commission, were as a result of meetings with
representatives of the HOA.
RECESS:
Mayor Hall declared a Council Recess at 7:44 p.m. with five Council Members present.
January 11, 2011 Carlsbad City Council Meeting Page 5
RECONVENE MEETING:
Mayor Hall reconvened the Council Meeting at 7:54 p.m. with five Council Members
present.
ACTION: On a motion by Council Member Packard, Council continued
the item until January 25, 2011, to allow further deliberation.
No further information or public testimony is required.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL
WATER DISTRICT
Mayor Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District at
8:34 p.m. with five members present.
RECONVENE CITY COUNCIL MEETING
Mayor Hall reconvened the City Council Meeting at 8:36 p.m. with five members
present.
DEPARTMENTAL AND CITY MANAGER REPORT:
10. AB #20.432 - MITCHELL THORP SPECIAL EVENT GRANT REQUEST.
Management Analyst, Courtney Enriquez, presented the staff report and Power Point
presentation on file in the office of the City Clerk.
The applicants, Beth and Brad Thorp, addressed Council to further explain the Mitchell
Thorp Foundation and its objectives. They stated that any amount approved by Council
would help their cause.
ACTION: On a motion by Council Member Packard, Council approved
RESOLUTION NO. 2011-008. denying the request for a
Special Events Grant in the amount of $12,347 to help fund
its 2nd Annual Mitchell Thorp Walkathon.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
January 11,2011 Carlsbad City Council Meeting Page 6
ACTION: By minute motion, Council approved an in-kind donation of
$995.00.
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
11- AB #20,433 - REORGANIZATION OF CITY COUNCIL
Mayor Hall announced the Council reorganization by election of one of its members as
Mayor Pro Tempore and by appointing members of the City Council as
liaisons/members/alternates to the various committees.
ACTION: On a motion by Mayor Hall, Council appointed Council
Member Ann Kulchin to serve as Mayor Pro Tem and
confirmed the following changes for members of Council and
their current Committee Appointments as follows:
(IN PROCESS)
PACKARD Buena Vista Lagoon JPC
City/School Committee
North County Transit District Board of Directors
NCTD Performance, Administration and Finance Committee
North County Dispatch Joint Powers Authority
DOUGLAS League of California Cities - SD Division
San Diego County Water Authority Board of Directors
SANDAG Board of Directors (2nd alternate)
BLACKBURN Buena Vista Lagoon JPC
Chamber of Commerce Liaison
City/School Committee
Encina Joint Powers (JAC)
Encina Wastewater Authority
North County Dispatch Joint Powers Authority (alternate)
KULCHIN
HALL
CalCoast Board of Directors
Carlsbad ConVis (alternate)
Encina Joint Powers (JAC)
Encina Wastewater Authority, Chair
North County Transit District (alternate)
*San Diego Authority for Freeway Emergencies (SAFE)
SANDAG Board of Directors (1st alternate)
*SANDAG Shoreline Preservation Committee
Chamber of Commerce Liaison
LAFCO Cities Advisory Committee
North County Mayors and Managers
SANDAG Board of Directors
SANDAG Executive Committee
SANDAG Transportation Committee
January 11, 2011 Carlsbad City Council Meeting Page 7
AYES: Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
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 events:
Tuesday, January 18, 2011, 8:30 a.m. to 1:00 p.m.
Carlsbad City Council Workshop
Carlsbad Recycled Water Facility
6220 Avenida Encinas
Carlsbad, California
Friday, January 21, 2011, 3:00 p.m.
Groundbreaking Ceremony for Hilton Carlsbad Oceanfront Resort and Spa
Corner of Carlsbad Boulevard and Ponto Drive
Carlsbad, California
Saturday, January 22, 2011, 9:00 a.m.
Mitchell Thorp Foundation Walkathon
Thorp Field, Poinsettia Community Park
6600 Hidden Valley Road
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of January 11, 2011, was adjourned at 8:55 p.m.
INEM. WOOD, CMC
lerk
Donna Heraty
Deputy City Clerk