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Home My WebLink About2011-01-11; 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