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CALL TO ORDER: 6:00 P.M.
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
APPROVAL OF MINUTES: ACTION:
On a motion by Mayor Pro Tem - approved 5/0
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.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
On a motion by Mayor Pro Tem items 1 to 6 approved 5/0
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #20,424 - ACCEPTANCE OF DONATION. 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. Resolution No. 2011-001. ACTION:
AB #20,424
2. AB #20,425 - APPROVE CONTRIBUTION TO THE REGIONAL WINTER SHELTER PROGRAM. Approving the appropriation of funds from the Housing Trust Fund as a contribution to the Regional Winter Shelter Program. Resolution No. 2011-002. ACTION:
AB #20,425
3. AB #20,426 - APPROVE TEMPORARY ENHANCEMENT TO MILITARY LEAVE BENEFITS. Approving extending the temporary enhancement of military leave benefits for employees called to active duty to combat terrorism and strengthen homeland defenses. Resolution No. 2011-003. ACTION:
AB #20,426
4. AB #20,427 - APPROVE APPOINTMENTS TO CDBG/HOME FUNDING ADVISORY COMMITTEE. Approving appointments to the City of Carlsbad's Community Development Block Grant/HOME Investment Partnership Funding Advisory Committee for Program Year 2011-2012. Resolution No. 2011-004. ACTION:
AB #20,427
5. AB #20,428 - APPROVE MOU WITH CITY OF VISTA FOR OPERATION AND MAINTENANCE OF BUENA VISTA AND AGUA HEDIONDA PUMP STATIONS. 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. Resolution No. 2011-005. ACTION:
AB #20,428
6. AB #20,429 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City investments as of November 30, 2010. ACTION:
AB #20,429
ORDINANCE FOR INTRODUCTION:
CA Ron Ball titled the Ordinance. Approved 5/0
7. AB #20,430 - INCREASE PRIMA FACIE SPEED LIMITS UPON LOKER AVENUE. To consider 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. Introduction of Ordinance No. CS-115. ACTION:
AB #20,430
PUBLIC COMMENT:
Policewatch.org came forward to address council, regarding freedom of speech.
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
PUBLIC HEARING:
Senior Planner, Christer Westman and Glen Van Peski, Senior Engineer presented the staff report, on file in the office of the City Clerk.
8. AB #20,431 - EL FUERTE VIEW APPEAL To consider an appeal of the Planning Commission's approval of Tentative Tract Map CT 04-13, Hillside Development Permit HDP 04-06 and Habitat Management Permit HMP 09-10 and recommendation to adopt a Mitigated Negative Declaration and approve General Plan Amendment GPA 09-08 and Zone Change ZC 09-09 and deny the appeal; and To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting program, and approving General Plan Amendment (GPA 09-08); and To consider approving Zone Change (ZC 09-09) based upon the findings and subject to the conditions contained therein. Resolution No. 2011-006 Resolution No. 2011-007 Introduction of Ordinance No. CS-116. ACTION:
Staff recommends adoption of resolution 2011-006, 007 and introduce Ord. CS-116.
Blackburn asked about geological instability issue, and a possible failure of hillside. Glen Van Peski commented that recourse for homeowners would be through the courts. No additional insurance can be required long term.
Douglas asked about when the City has to identify another site. Christer Westman advised that the City regarding the agreement with other agencies, when the habitat is complete, the original habitat requirements have to be met. There are areas that could be used for habitat, or hardline reserve, but it has not yet been zoned accordingly. The City will meet or exceed its habitat requirement, if this site goes ahead. The City must rectify the mistake made with mapping. Ron Ball asked about the gnat catcher and scrub oak - Christer Westman said that the biological studies did not identify any gnat catchers or scrub oak. Protocol survey did not identify any federal or state endangered species, plant or animal. This project site is not considered a significant site for endangered species. Mark Packard - preliminary geotechnical surveys have been done? Glen Van Peski - preliminary studies indicated that the site had no major stability issues. Mark Packard - city policy regarding private driveways on arterial streets. Glen VP - preference is not to have private driveways but it is not prohibited. A full way stop will be at Charlito which will slow traffic. El Fuerte traffic would not provide a significant increase in traffic flow. Blackburn - is this project compatible with neighborhood - are lot sizes consistent with neighboring lots. Glen Van Peski advised that they are slightly larger.
Ann Estes, Carlsbad, and Bob Lahin presented a Powerpoint presentation, on file in the office of the City Clerk, challenging El Fuerte View as currently planned, and their reasons for the appeal. Mark Packard - under what concept do you think the City has the authority to enforce the CC&R requirements. Bob Lahin did not know the answer and requested assistance. Russ Campbell on behalf of the Coastal 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 . An EIR is required. CEQA requirements, Insufficient noise studies, HMP issues. Michael Gonzalez, Coast Law Group, regarding minor amendments under HMP and mapping revisions, the rights of the public to challenge.
Mary Sarnecky, Carlsbad, opposes to the development of El Fuerte View as described.
On a motion by Mayor Hall called a recess at 7.42pm
Property owner, Gus Hamsayer, representing new owners, and spoke regarding neighbors encroaching 15 to 14 ft. onto the area in question, Bob Letti cutting down trees, spoke in support of the project.
Jose Zamedier (?), made a number of modifications and revisions to the original plans, the plans have been presented to the homeowners and listened their concerns regarding the view and grading. The project was then revised completely. 3 or 4 lots are encroaching on this area by unauthorized pools and decks.
Steven Carroll, Carlsbad, opposes the project.
Charles Marshall, Carlsbad, opposes the development of El Fuerte View as described.
Richard Weston, Carlsbad, opposes the project.
Jim Hensley, Carlsbad, opposes development of El Fuerte View as presented.
Meeting reconvened at 7.52pm
Michael Schmidt, owner of land, spoke in support of the project.
Teve Melser, geologist, who did the geo technical report - there are no deep seated slope problems. Blackburn - concerns with bonding - is there something we can do to prevent empty blocks sitting Glen Van Peski - it has to be graded all at once to ensure that the site is stabilized. Blackburn - can we condition approval of the project put bonding against hill failure, or that it has to be built on within a certain amount of time CA - grading isn't usually done until final map is approved. Then the developer has the legal right to buy, sell or lease lots. This is not a master plan. There are time limits for approval of final map, and bonds will be outstanding until the conditions are complied with. Packard - technical defect in the HMP amendment process,? the implementation agreement? CA - quarrel with habitat plan and the implementation agreement, the developer doesn't have the obligation to answer those quarrels. Packard - adverse possession and other property owners encroaching onto this property? CA - we are not to be concerned with that in this hearing, the City is not part of it, it's between the property owners. Douglas - Minutes of the Planning Commission, re removing improvements on Lot No. 1. Christer - Commission approved the project as submitted without special requirements or requests. Packard - process of development, whether the HOA had participated in the planning. Christer - there were at least one meeting at City offices, which included discussion with the Architectural Review Committee, e.g. lowering the pads, and having the lots front on El Fuerte. The redesigned plan was presented to the Architectural Review Committee. The plans as submitted to the Planning Commission were as a result of meetings with representatives of the HOA.
On a motion by Packard, the item will be continued until January 25th for further deliberations, public testimony will be closed Approved 5/0
AB #20,431
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING AGENDA January 11, 2011 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin Approved 5/0
Minutes of the Joint Special Meeting held December 14, 2010.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
On a motion Approved Item 9 5/0
WAIVER OF ORDINANCE TEXT READING;
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
9. AB #727 - NOTICE OF COMPLETION. Accepting the construction of the Maerkle Pump Station as complete; and, directing the Secretary to record a Notice of Completion, Project No. 5009-B. Resolution No. 1411. ACTION:
AB #727
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
Management Analyst Courtney Enriquez presented the Powerpoint presentation on file in the office of the City Clerk.
10. AB #20,432 - MITCHELL THORPE SPECIAL EVENT GRANT REQUEST. To consider the request from the Mitchell Thorp Foundation for special event grant funding. Resolution No. 2011-008. ACTION:
Management Analyst Courtney Enriquez presented the Powerpoint presentation on file in the office of the City Clerk.
Applicant Beth Thorpe, founders of Mitchell Thorpe Foundation, addressed Council, describing the Foundation, and further requested $2,284 or any amount to support the Foundation.
Applicant (husband) addressed Council explaining that donations by participants are not mandatory..
Support in-kind donation of $995 - Approved 5/0
AB #20,432
11. AB #20,433 - REORGANIZATION OF CITY COUNCIL To continue 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:
Mayor Pro Tem - Kulchin will continue except as SANDAG first alternate, instead of 2nd alternate Blackburn - AS is, except SD Water Authority Packard - AS is, except League of Cities SD Division Douglas - SD County Water Authority, League of Cities, 2nd Alternate of SANDAG Hall - pick up LAFCO and SD Mayors
Mayor Hall announced Closed session - no direction. Mayor Hall made announcements Meeting adjourned 8.52.
AB #20,433
PUBLIC COMMENT: Continuation of the Public Comment (if necessary).
This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section and for those persons who have demonstrated by prior conduct that they are not likely to conduct themselves in a courteous manner or observe order and decorum during the meeting. When you are called to speak, please come forward and state your name and address. The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
Jan 11, 2011 City Council and Carlsbad Municipal Water District Board Meeting 1/11/11
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CALL TO ORDER: 6:00 P.M.
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
APPROVAL OF MINUTES: ACTION:
On a motion by Mayor Pro Tem - approved 5/0
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.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
On a motion by Mayor Pro Tem items 1 to 6 approved 5/0
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #20,424 - ACCEPTANCE OF DONATION. 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. Resolution No. 2011-001. ACTION:
AB #20,424
2. AB #20,425 - APPROVE CONTRIBUTION TO THE REGIONAL WINTER SHELTER PROGRAM. Approving the appropriation of funds from the Housing Trust Fund as a contribution to the Regional Winter Shelter Program. Resolution No. 2011-002. ACTION:
AB #20,425
3. AB #20,426 - APPROVE TEMPORARY ENHANCEMENT TO MILITARY LEAVE BENEFITS. Approving extending the temporary enhancement of military leave benefits for employees called to active duty to combat terrorism and strengthen homeland defenses. Resolution No. 2011-003. ACTION:
AB #20,426
4. AB #20,427 - APPROVE APPOINTMENTS TO CDBG/HOME FUNDING ADVISORY COMMITTEE. Approving appointments to the City of Carlsbad's Community Development Block Grant/HOME Investment Partnership Funding Advisory Committee for Program Year 2011-2012. Resolution No. 2011-004. ACTION:
AB #20,427
5. AB #20,428 - APPROVE MOU WITH CITY OF VISTA FOR OPERATION AND MAINTENANCE OF BUENA VISTA AND AGUA HEDIONDA PUMP STATIONS. 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. Resolution No. 2011-005. ACTION:
AB #20,428
6. AB #20,429 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City investments as of November 30, 2010. ACTION:
AB #20,429
ORDINANCE FOR INTRODUCTION:
CA Ron Ball titled the Ordinance. Approved 5/0
7. AB #20,430 - INCREASE PRIMA FACIE SPEED LIMITS UPON LOKER AVENUE. To consider 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. Introduction of Ordinance No. CS-115. ACTION:
AB #20,430
PUBLIC COMMENT:
Policewatch.org came forward to address council, regarding freedom of speech.
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
PUBLIC HEARING:
Senior Planner, Christer Westman and Glen Van Peski, Senior Engineer presented the staff report, on file in the office of the City Clerk.
8. AB #20,431 - EL FUERTE VIEW APPEAL To consider an appeal of the Planning Commission's approval of Tentative Tract Map CT 04-13, Hillside Development Permit HDP 04-06 and Habitat Management Permit HMP 09-10 and recommendation to adopt a Mitigated Negative Declaration and approve General Plan Amendment GPA 09-08 and Zone Change ZC 09-09 and deny the appeal; and To consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting program, and approving General Plan Amendment (GPA 09-08); and To consider approving Zone Change (ZC 09-09) based upon the findings and subject to the conditions contained therein. Resolution No. 2011-006 Resolution No. 2011-007 Introduction of Ordinance No. CS-116. ACTION:
Staff recommends adoption of resolution 2011-006, 007 and introduce Ord. CS-116.
Blackburn asked about geological instability issue, and a possible failure of hillside. Glen Van Peski commented that recourse for homeowners would be through the courts. No additional insurance can be required long term.
Douglas asked about when the City has to identify another site. Christer Westman advised that the City regarding the agreement with other agencies, when the habitat is complete, the original habitat requirements have to be met. There are areas that could be used for habitat, or hardline reserve, but it has not yet been zoned accordingly. The City will meet or exceed its habitat requirement, if this site goes ahead. The City must rectify the mistake made with mapping. Ron Ball asked about the gnat catcher and scrub oak - Christer Westman said that the biological studies did not identify any gnat catchers or scrub oak. Protocol survey did not identify any federal or state endangered species, plant or animal. This project site is not considered a significant site for endangered species. Mark Packard - preliminary geotechnical surveys have been done? Glen Van Peski - preliminary studies indicated that the site had no major stability issues. Mark Packard - city policy regarding private driveways on arterial streets. Glen VP - preference is not to have private driveways but it is not prohibited. A full way stop will be at Charlito which will slow traffic. El Fuerte traffic would not provide a significant increase in traffic flow. Blackburn - is this project compatible with neighborhood - are lot sizes consistent with neighboring lots. Glen Van Peski advised that they are slightly larger.
Ann Estes, Carlsbad, and Bob Lahin presented a Powerpoint presentation, on file in the office of the City Clerk, challenging El Fuerte View as currently planned, and their reasons for the appeal. Mark Packard - under what concept do you think the City has the authority to enforce the CC&R requirements. Bob Lahin did not know the answer and requested assistance. Russ Campbell on behalf of the Coastal 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 . An EIR is required. CEQA requirements, Insufficient noise studies, HMP issues. Michael Gonzalez, Coast Law Group, regarding minor amendments under HMP and mapping revisions, the rights of the public to challenge.
Mary Sarnecky, Carlsbad, opposes to the development of El Fuerte View as described.
On a motion by Mayor Hall called a recess at 7.42pm
Property owner, Gus Hamsayer, representing new owners, and spoke regarding neighbors encroaching 15 to 14 ft. onto the area in question, Bob Letti cutting down trees, spoke in support of the project.
Jose Zamedier (?), made a number of modifications and revisions to the original plans, the plans have been presented to the homeowners and listened their concerns regarding the view and grading. The project was then revised completely. 3 or 4 lots are encroaching on this area by unauthorized pools and decks.
Steven Carroll, Carlsbad, opposes the project.
Charles Marshall, Carlsbad, opposes the development of El Fuerte View as described.
Richard Weston, Carlsbad, opposes the project.
Jim Hensley, Carlsbad, opposes development of El Fuerte View as presented.
Meeting reconvened at 7.52pm
Michael Schmidt, owner of land, spoke in support of the project.
Teve Melser, geologist, who did the geo technical report - there are no deep seated slope problems. Blackburn - concerns with bonding - is there something we can do to prevent empty blocks sitting Glen Van Peski - it has to be graded all at once to ensure that the site is stabilized. Blackburn - can we condition approval of the project put bonding against hill failure, or that it has to be built on within a certain amount of time CA - grading isn't usually done until final map is approved. Then the developer has the legal right to buy, sell or lease lots. This is not a master plan. There are time limits for approval of final map, and bonds will be outstanding until the conditions are complied with. Packard - technical defect in the HMP amendment process,? the implementation agreement? CA - quarrel with habitat plan and the implementation agreement, the developer doesn't have the obligation to answer those quarrels. Packard - adverse possession and other property owners encroaching onto this property? CA - we are not to be concerned with that in this hearing, the City is not part of it, it's between the property owners. Douglas - Minutes of the Planning Commission, re removing improvements on Lot No. 1. Christer - Commission approved the project as submitted without special requirements or requests. Packard - process of development, whether the HOA had participated in the planning. Christer - there were at least one meeting at City offices, which included discussion with the Architectural Review Committee, e.g. lowering the pads, and having the lots front on El Fuerte. The redesigned plan was presented to the Architectural Review Committee. The plans as submitted to the Planning Commission were as a result of meetings with representatives of the HOA.
On a motion by Packard, the item will be continued until January 25th for further deliberations, public testimony will be closed Approved 5/0
AB #20,431
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING AGENDA January 11, 2011 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin Approved 5/0
Minutes of the Joint Special Meeting held December 14, 2010.
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
On a motion Approved Item 9 5/0
WAIVER OF ORDINANCE TEXT READING;
This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
9. AB #727 - NOTICE OF COMPLETION. Accepting the construction of the Maerkle Pump Station as complete; and, directing the Secretary to record a Notice of Completion, Project No. 5009-B. Resolution No. 1411. ACTION:
AB #727
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
Management Analyst Courtney Enriquez presented the Powerpoint presentation on file in the office of the City Clerk.
10. AB #20,432 - MITCHELL THORPE SPECIAL EVENT GRANT REQUEST. To consider the request from the Mitchell Thorp Foundation for special event grant funding. Resolution No. 2011-008. ACTION:
Management Analyst Courtney Enriquez presented the Powerpoint presentation on file in the office of the City Clerk.
Applicant Beth Thorpe, founders of Mitchell Thorpe Foundation, addressed Council, describing the Foundation, and further requested $2,284 or any amount to support the Foundation.
Applicant (husband) addressed Council explaining that donations by participants are not mandatory..
Support in-kind donation of $995 - Approved 5/0
AB #20,432
11. AB #20,433 - REORGANIZATION OF CITY COUNCIL To continue 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:
Mayor Pro Tem - Kulchin will continue except as SANDAG first alternate, instead of 2nd alternate Blackburn - AS is, except SD Water Authority Packard - AS is, except League of Cities SD Division Douglas - SD County Water Authority, League of Cities, 2nd Alternate of SANDAG Hall - pick up LAFCO and SD Mayors
Mayor Hall announced Closed session - no direction. Mayor Hall made announcements Meeting adjourned 8.52.
AB #20,433
PUBLIC COMMENT: Continuation of the Public Comment (if necessary).
This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section and for those persons who have demonstrated by prior conduct that they are not likely to conduct themselves in a courteous manner or observe order and decorum during the meeting. When you are called to speak, please come forward and state your name and address. The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
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