Video index

CALL TO ORDER: 6:00 P.M.

ROLL CALL:

All present

APPROVAL OF MINUTES:

CLOSED SESSION - NO FINAL ACTION ON ANY OF THE ITEMS

APPROVED 5/0

Minutes of the Regular Meeting held January 11, 2011.

PRESENTATIONS:

Mayor Hall presented proclamation for Carlsbad Winter Music Celebration to Nancy Latourno (absent) in her place ?

Mayor Pro Tem Ann Kulchin presented Rob Swette a proclamation in recognition of his years of dedicated service to the Library Board of Trustees.

Proclamation presentation in recognition of the Carlsbad Winter Music Celebration.

Proclamation presentation in recognition of Library Board of Trustees Member Rob Swette.

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.

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 #20,434 - ACCEPTANCE OF GRANT FUNDS. Accepting the award of State Homeland Security Grant funds to the Fire and Police Departments for emergency preparedness; and, authorizing the appropriation of funds. Resolution No. 2011-009. ACTION:

AB #20,434

2. AB #20,435 - AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS. Approving Amendment No. 1 to the Memorandum of Understanding with the San Diego Association of Governments (SANDAG) supporting a regional beach sand project, biological and shoreline monitoring, planning contingency and construction management. Resolution No. 2011-010. ACTION:

AB #20,435

3. AB #20,436 - REPORT OUT AND AUTHORIZE PURCHASE AGREEMENT OF CONSERVATION CREDITS. Reporting out and authorizing the Mayor to execute purchase agreement and other documents to complete the acquisition of conservation credits for 50.13 acres of Alemir Property. Resolution No. 2011-011. ACTION:

AB #20,436

4. AB #20,437 - INCREASE PRIMA FACIE SPEED LIMITS UPON LOKER AVENUE. Adopting 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 limits to 40 miles per hour on Loker Avenue West and Loker Avenue East from Palomar Airport Road to El Fuerte Street. ACTION:

Ray McHenry addressed Council regarding speed limit on Loker Avenue, Director, representing company that is located on Loker West, maybe putting employees in jeopardy who are walking across the road between the buildings. Matt Hall asked the location of the nearest cross walk - about quarter to half mile in either direction. Ann Kulchin asked if they contacted Traffic Safety Commission. Discussed at a hearing, They did but told it would be about 5 weeks. Ann Kulchin asked to continue item for Traffic Dept to look at cross walk. John Kim said staff can evaluate if a cross walk is justified, or signage. He said that wouldn't have an effect on the speed limit being raised. Traffic Safety has not heard from the speaker. Individuals are not usually notified. Send back to the Traffic Safety Commission for alternatives and/or recommendations.

AB #20,437

PUBLIC COMMENT:

Peter Hannibal, re traffic light synchronization in Carlsbad. with regard to pollution, fuel consumption.

Walt Meier, addressed Council, regarding traffic control.

buzz addressed Council regarding freedom of speech.

Rebecca Bartling addressed Council deputy general manager, ....., opposition to the City of Del Mar to the purchase of fairgrounds and reqested a public hearing.

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:

This item is continued from the January 11, 2011 City Council meeting.

5. 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:

Packard - asked about the qualifications of the geo technical expert, who said slope would meet city standards. Glen Van Peski said that the developer provided a study but the City also selected and expert - overall both came to the same conclusions. Packard - el f as a secondary arterial, what is protocol for driveways on secondary arterial. Glen Van Peski, - "is allowed where no other access is possible". That it be allowed but not preferred. Douglas - difference between el fuerte and la costa avenue, cars per day. Glen Van Peski - both are classified as secondary arterials, between 10,000 and 20,000 average daily trips. La Costa - 15,371, El Fuerte 3,000 approx. At Build out EF will be designed for 5,000 trips, La Costa 18,000. Douglas asked, Christer Westman - has been scheduled 4 times for Planning Commission but not all meetings happened. Douglas asked re Biological studies. Christer Westman has 5 different biological reports from 2003 to 2009. Douglas asked about dates of 2 different plans between single access and 7 driveway access regarding driveways. GVP advised about 6 or 8 months. CA, Ron Ball, announced that Council received letters from Ann Estes, dated January 24, to be part of the record, one also from the applicant dated Jan. 8. Memorandum also..? Packard concerns are traffic, driveways, etc. On the 4 issues of the appeal, ready to deny the appeal. Ask that it be sent to the Planning Director for a single access road, which means that 6 lots can be facilitated. Douglas lives nearby. On the 4 issues of the appeal, ready to deny the appeal. Supports a single access, with 6 lots. Blackburn - on the 4 issues of the appeal, leans toward denying the appeal. Send back to the Planning Director and staff. Doesn't feel comfortable with 7 driveways. Denying the appeal. Kulchin - concerned about the compatability with the neighborhood., the habitat management plan, the 7 single lots, traffic, safety regarding schools that will be built. Supporting the appeal. Hall - a very difficult lot. Would like to see 5 lots and a single driveway. Recommendation to deny the appeal, send it back to Planning Director for redesign on the condition of one driveway and a maximum of 5 homes. Approved recommendation back to the City Attorney for re-writing.

AB #20,431

DEPARTMENTAL AND CITY MANAGER REPORTS:

Hall and Packard own property, stepping down for this item.

Gary Nessim presented the Power Point presentation - on file in the office of the City Clerk.

6. AB #20,438 - CITIZEN PRESENTATION REGARDING GRAND PROMENDADE PROPOSAL. To receive a presentation from Gary Nessim regarding the Grand Promenade proposal. ACTION:

Douglas - how did you come to the $4 million. Nessim - total project would be $8 - $9 million. Douglas - time the project would take? Nessim - Estimates a year. Douglas - Village merchants, % or number, of property owners, agreed with this plan? Neesim - about 95% agreed, their main concern is parking. Douglas - # of residential units, # of commercial?

Walt Meier, addressed council, regarding parking east of the freeway, cost of the project, multi level garages. Bob Wilkinson, Carlsbad, addressed Council, that the vision for the promenade would improve Carlsbad. in support of project. Cindy Vignet, Carlsbad, owns commercial property downtown, in support of project.

AB #20,438

7. AB #20,439 - PLANNING COMMISSION APPOINTMENTS. To consider appointing two members to the Planning Commission. Resolution Nos. 2011-012 and 2011-013. ACTION:

Gary Siekman and Neil Black appointed to Planning Commission. 5/0

Council members made reports. Announcements - 1/26/11 Police Awards 1/26/11 11th Annual Recognition Dinner, Boys & Girls Club 1/27/11 David Lloyd's retirement reception Monday - Fire Dept, Badge & Promotion Ceremony ADJOURNMENT at 7.39pm

AB #20,439

PUBLIC COMMENT: Continuation of the Public Comments

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 25, 2011 City Council Meeting

Full agenda
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CALL TO ORDER: 6:00 P.M.

ROLL CALL:

All present

APPROVAL OF MINUTES:

CLOSED SESSION - NO FINAL ACTION ON ANY OF THE ITEMS

APPROVED 5/0

Minutes of the Regular Meeting held January 11, 2011.

PRESENTATIONS:

Mayor Hall presented proclamation for Carlsbad Winter Music Celebration to Nancy Latourno (absent) in her place ?

Mayor Pro Tem Ann Kulchin presented Rob Swette a proclamation in recognition of his years of dedicated service to the Library Board of Trustees.

Proclamation presentation in recognition of the Carlsbad Winter Music Celebration.

Proclamation presentation in recognition of Library Board of Trustees Member Rob Swette.

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.

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 #20,434 - ACCEPTANCE OF GRANT FUNDS. Accepting the award of State Homeland Security Grant funds to the Fire and Police Departments for emergency preparedness; and, authorizing the appropriation of funds. Resolution No. 2011-009. ACTION:

AB #20,434

2. AB #20,435 - AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS. Approving Amendment No. 1 to the Memorandum of Understanding with the San Diego Association of Governments (SANDAG) supporting a regional beach sand project, biological and shoreline monitoring, planning contingency and construction management. Resolution No. 2011-010. ACTION:

AB #20,435

3. AB #20,436 - REPORT OUT AND AUTHORIZE PURCHASE AGREEMENT OF CONSERVATION CREDITS. Reporting out and authorizing the Mayor to execute purchase agreement and other documents to complete the acquisition of conservation credits for 50.13 acres of Alemir Property. Resolution No. 2011-011. ACTION:

AB #20,436

4. AB #20,437 - INCREASE PRIMA FACIE SPEED LIMITS UPON LOKER AVENUE. Adopting 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 limits to 40 miles per hour on Loker Avenue West and Loker Avenue East from Palomar Airport Road to El Fuerte Street. ACTION:

Ray McHenry addressed Council regarding speed limit on Loker Avenue, Director, representing company that is located on Loker West, maybe putting employees in jeopardy who are walking across the road between the buildings. Matt Hall asked the location of the nearest cross walk - about quarter to half mile in either direction. Ann Kulchin asked if they contacted Traffic Safety Commission. Discussed at a hearing, They did but told it would be about 5 weeks. Ann Kulchin asked to continue item for Traffic Dept to look at cross walk. John Kim said staff can evaluate if a cross walk is justified, or signage. He said that wouldn't have an effect on the speed limit being raised. Traffic Safety has not heard from the speaker. Individuals are not usually notified. Send back to the Traffic Safety Commission for alternatives and/or recommendations.

AB #20,437

PUBLIC COMMENT:

Peter Hannibal, re traffic light synchronization in Carlsbad. with regard to pollution, fuel consumption.

Walt Meier, addressed Council, regarding traffic control.

buzz addressed Council regarding freedom of speech.

Rebecca Bartling addressed Council deputy general manager, ....., opposition to the City of Del Mar to the purchase of fairgrounds and reqested a public hearing.

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:

This item is continued from the January 11, 2011 City Council meeting.

5. 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:

Packard - asked about the qualifications of the geo technical expert, who said slope would meet city standards. Glen Van Peski said that the developer provided a study but the City also selected and expert - overall both came to the same conclusions. Packard - el f as a secondary arterial, what is protocol for driveways on secondary arterial. Glen Van Peski, - "is allowed where no other access is possible". That it be allowed but not preferred. Douglas - difference between el fuerte and la costa avenue, cars per day. Glen Van Peski - both are classified as secondary arterials, between 10,000 and 20,000 average daily trips. La Costa - 15,371, El Fuerte 3,000 approx. At Build out EF will be designed for 5,000 trips, La Costa 18,000. Douglas asked, Christer Westman - has been scheduled 4 times for Planning Commission but not all meetings happened. Douglas asked re Biological studies. Christer Westman has 5 different biological reports from 2003 to 2009. Douglas asked about dates of 2 different plans between single access and 7 driveway access regarding driveways. GVP advised about 6 or 8 months. CA, Ron Ball, announced that Council received letters from Ann Estes, dated January 24, to be part of the record, one also from the applicant dated Jan. 8. Memorandum also..? Packard concerns are traffic, driveways, etc. On the 4 issues of the appeal, ready to deny the appeal. Ask that it be sent to the Planning Director for a single access road, which means that 6 lots can be facilitated. Douglas lives nearby. On the 4 issues of the appeal, ready to deny the appeal. Supports a single access, with 6 lots. Blackburn - on the 4 issues of the appeal, leans toward denying the appeal. Send back to the Planning Director and staff. Doesn't feel comfortable with 7 driveways. Denying the appeal. Kulchin - concerned about the compatability with the neighborhood., the habitat management plan, the 7 single lots, traffic, safety regarding schools that will be built. Supporting the appeal. Hall - a very difficult lot. Would like to see 5 lots and a single driveway. Recommendation to deny the appeal, send it back to Planning Director for redesign on the condition of one driveway and a maximum of 5 homes. Approved recommendation back to the City Attorney for re-writing.

AB #20,431

DEPARTMENTAL AND CITY MANAGER REPORTS:

Hall and Packard own property, stepping down for this item.

Gary Nessim presented the Power Point presentation - on file in the office of the City Clerk.

6. AB #20,438 - CITIZEN PRESENTATION REGARDING GRAND PROMENDADE PROPOSAL. To receive a presentation from Gary Nessim regarding the Grand Promenade proposal. ACTION:

Douglas - how did you come to the $4 million. Nessim - total project would be $8 - $9 million. Douglas - time the project would take? Nessim - Estimates a year. Douglas - Village merchants, % or number, of property owners, agreed with this plan? Neesim - about 95% agreed, their main concern is parking. Douglas - # of residential units, # of commercial?

Walt Meier, addressed council, regarding parking east of the freeway, cost of the project, multi level garages. Bob Wilkinson, Carlsbad, addressed Council, that the vision for the promenade would improve Carlsbad. in support of project. Cindy Vignet, Carlsbad, owns commercial property downtown, in support of project.

AB #20,438

7. AB #20,439 - PLANNING COMMISSION APPOINTMENTS. To consider appointing two members to the Planning Commission. Resolution Nos. 2011-012 and 2011-013. ACTION:

Gary Siekman and Neil Black appointed to Planning Commission. 5/0

Council members made reports. Announcements - 1/26/11 Police Awards 1/26/11 11th Annual Recognition Dinner, Boys & Girls Club 1/27/11 David Lloyd's retirement reception Monday - Fire Dept, Badge & Promotion Ceremony ADJOURNMENT at 7.39pm

AB #20,439

PUBLIC COMMENT: Continuation of the Public Comments

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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