Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
ALL PRESENT
APPROVAL OF MINUTES:
CLOSED SESSION gave aTTORNEYS & Staff - DIRECTION , no decision
minutes approved 5/0
Minutes of the Joint Special Meeting held February 8, 2011.
Minutes of the Special Meetings held February 15 and 16, 2011.
Minutes of the Special Meeting held February 22, 2011.
Minutes of the Regular Meeting held February 22, 2011.
PRESENTATIONS:
Proclamation presentation in recognition of Julie Baker.
Mayor Hall presented a proclamation in recognition of Julie Baker.
Proclamation presentation in recognition of Good Samaritans.
Council member Blackburn presented a proclamation in recognition of Good Samaritans.
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, with exception of item number 4, pulled by Council member Black burn. Discussion will take place - time, place. Move Item # 4 for adoption - 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 #20,468 - REFUND OF BUSINESS LICENSE TAX. Authorizing a refund of business license tax to Always There Home Care, Inc. Resolution No. 2011-033. ACTION:
AB #20,468
2. AB #20,469 - APPROVE AGREEMENT AND ADVERTISE FOR BIDS . Approving the project agreement with the City of Vista for construction of the Buena Vista Lift Station Forcemain, Reach VC4; and, directing the City Clerk to advertise for bids, Project No. 5508. Resolution No. 2011-034. ACTION:
AB #20,469
3. AB #20,470 - NOTICE OF COMPLETION. Accepting construction of the Corrugated Metal Pipe Replacement Program as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6607-3. Resolution No. 2011-035. ACTION:
AB #20,470
4. AB #20,477 - NOTICE OF COMPLETION. Accepting the construction of the Alga Norte Community Park Mass Grading Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 38372. Resolution No. 2011-036. ACTION:
AB #20,477
5. AB #20,471 - NOTICE OF COMPLETION. Accepting the construction of the 2010 Concrete Replacement Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6013. Resolution No. 2011-037. ACTION:
AB #20,471
6. AB #20,472 - NOTICE OF COMPLETION. Accepting the construction of the La Costa Avenue Subdrain Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 3681. Resolution No. 2011-038. ACTION:
AB #20,472
7. AB #20,473 - APROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 8 to the agreement with Bureau Veritas North America, Inc., for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2011-039. ACTION:
AB #20,473
ORDINANCES FOR INTRODUCTION
8. AB #20,474 - ADMINISTRATION OF REVENUE FUNDS. To consider amending Section 3.32.030 and Section 5.04.130 of the Carlsbad Municipal Code pertaining to the administration of revenue funds. Introduction of Ordinance No. CS-119. ACTION:
CA Ron Ball explained the ordinance. Douglas requested that staff notify Council by staff memo if the amount is over $10,000. Douglas requested that 10 day payment be changed to 30 days. CA Ron Ball - 10 days mostly applies to appeals. Administration report between amounts of $10,000 to $25,000. CA Ron Ball said it would be better to rewrite the Ordinance to include. Blackburn - Changes on its face - administrative report, and amount? CA Ron Ball would like to redraft for clarity. Kulchin that item #8 be sent back to CA's office with corrections as noticed by Douglas.
AB #20,474
9. AB #20,475 - PROHIBIT PARKING OF OVERSIZED VEHICLES ON A PORTION OF CARLSBAD BOULEVARD. To consider amending Title 10, Section 10.40 of the Carlsbad Municipal Code to prohibit parking of oversized vehicles on a portion of Carlsbad Boulevard. Introduction of Ordinance No. CS-120. ACTION:
John Kim, City Traffic Engineer, presented the Power Point presentation - on file in the office of the City Clerk.
Myron Myer, Vista, came forward to address Council, in opposition to RV parking restrictions.
Bob Lawrence, Carlsbad, came forward to address Council, regarding the RV parking in Garfield Street neighborhood. , ask that Council to talk to police.
John Prietto, Carlsbad, addressed Council about on behalf of Village by the Sea, and other local businesses, the vagrants who are in the parked RV's.
James Landes, Carlsbad, representing HOA and businesses of Village by the Sea, to incorporate a larger plan to restrict RV parking, or at least a study.
Reg Williams, Carlsbad, addressed Council, are there provisions for travellers coming to and through Carlsbad, to park and go to the beach, suggested a limit of 1 hour parking.
CA Ron Ball stated that Carlsbad Blvd is a local jurisdiction, it is not discriminatory to RV's, it's 7' high, etc. John Kim, available area for RV's to park, Blvd south of Tamarack, along the beach. Mayor Hall stated that parking is available along the coast to Leucadia. Packard - prior study for oversized vechile parking. John Kim said Police Dept. is looking at overall parking. Douglas - parking meters allowing RV's to park a limited amount of time? Options - a trial for one year? Blackburn - Issue is about quality of life for residents as well as visitors. This is a compromise - 2 1/2 blocks for people to come and go, not oversized vehicles. Not taking away RV parking for the whole coastline. Carlsbad has campgrounds and 6 miles of coastline. Supports this Ordinance. Packard - Meters - NO. We will monitor the outcomes, and believes it will be a positive stop for residents, move forward as presented. Douglas - agree with Blackburn, it will continue unless Council decides to make a change. Kulchin - a lot of beach and parking in south Carlsbad, support. CA Ron Ball titled the Ordinance. APPROVED 5/0
AB #20,475
ORDINANCE FOR ADOPTION
10. AB #20,476 - ESTABLISH A NO PARKING ZONE ON VAN ALLEN WAY. Adopting Ordinance No. CS-118, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the addition of Section 10.40.171 to establish a No Parking Zone on each side of Van Allen Way from Faraday Avenue to its northerly terminus. ACTION:
CA Ron Ball titled the ordinance. APPROVED 5/0
AB #20,476
PUBLIC COMMENT: 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.
PUBLIC HEARING:
11. AB #20,479 - ADOPTION OF 2010 CALIFORNIA BUILDING/FIRE/MECHANICAL/ ELECTRICAL/PLUMBING/UNIFORM SOLAR/RESIDENTIAL/GREEN AND ENERGY CODES. To consider continuing the public hearing to March 22, 2011 or some other date certain regarding amendments to the following titles and chapters of the Carlsbad Municipal Code: Title 17, Chapter 17.04, Fire Prevention Code; Title 18, Chapter 18.04, Building Code; Chapter 18.08, Mechanical Code; Chapter 18.12, Electrical Code; Chapter 18.16, Plumbing Code; Chapter 18.18, Solar Energy Code; Chapter 18.20, Residential Code; Chapter 18.21, Green Building Standards Code; and Chapter 18.30, Energy Code. ACTION:
City Manager Lisa Hildabrand announced that this item will be continued to March 22, 2011. Glenn Bernard, Carlsbad, came forward to address Council, in favor of solar energy, and in opposition to planting non indigenous trees in Carlsbad. Agreed to continue item - APPROVED 5/0
AB #20,479
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING AGENDA March 8, 2011 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes approved - 5/0
Minutes of the Special Meetings held January 11, 2011.
Minutes of the Special Meeting held February 8, 2011.
Minutes of the Special Meeting held February 15, 2011.
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.
Item No. 12 - 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.
12. AB #729 - QUITCLAIM WATERLINE EASEMENT. Approving the quitclaim of a waterline easement in Parcels 3 and 4 of Parcel Map No. 17971 to Life Technologies Corporation, Inc., PR 10-02. Resolution No. 1414. ACTION:
AB #729
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION JOINT SPECIAL MEETING AGENDA March 8, 2011 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
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.
Item #13 - 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.
13. AB #20,480 -TRANSFER OF REAL PROPERTY AND OTHER REDEVELOPMENT AGENCY ASSETS TO THE CITY. Approving certain actions related to the transfer of real property and other assets of the Redevelopment Agency to the City to meet existing obligations set forth in the cooperation and other agreements between the Agency and the City. City Council Resolution No. 2011-042. Housing and Redevelopment Commission Resolution No 498. ACTION:
AB #20,480
PUBLIC HEARING
14. AB #20,478 - AGUA HEDIONDA SEWER LIFT STATION. City Council consider adopting a Precise Development Plan Amendment (PDP 00-02(C), Specific Plan Amendment 144 (L), a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, approving a Hillside Development Permit (HDP 10-05) and Habitat Management Plan Permit (HMP 10-03) on property generally located south of Chinquapin Avenue to the Encina Water Pollution Control Facility, located within easements on public and private property and within the right-of-way of Avenida Encinas. ACTION:
Associate Planner, Pam Drew, and Senior Civil Engineer, ?, presented the Power Point presentation - on file in the office of the City Clerk. CA Ron Ball referred to questions received regarding mitigation. He asked for further questions in written form. Re Planning Commission noticing, representatives from NRG were in attendance. 700 notices were mailed, NRG was not on the list, they are now on the mailing list and notice has been given to them regarding this item.
Diane Nygard, representing Preserving Calaverra, combine several small mitigation areas to a larger mitigation area/plan, less costly pipe without a road, open space, cost savings.
Ron Raust, Luce Forward, on behalf of NRG and Cabrillo Power, regarding noticing, environmental compliance of the project, participation/non-participation in the negative mitigation declaration, new replacement sewer line, additional water line, additional recycled water line. No cumulative analysis for the property. Reserves the right to comment on any additional information, at least 3 days notice. Ask to put action in abeyance, supplement negative mitigation declaration under CEQA. Potential joint uses of the area. Flaws to the process. Some areas overlap with the proposed new power plant. Packard - requested clarification on property overlaps. Blackburn - What would you like to see? Ron - CEQA, environmental affect report, required by law to be noticed to affected people, with purpose of a better planned project, NRG and Cabrillo Power were left out of the CEQA process. Potential adverse affect to land owner. Removal of trees has an adverse affect on the power plant. New water lines in the easement incompatible to the Carlsbad Energy footprint. Douglas - NRG and Cabrillo completely unaware of this project? Ron - Company unaware of further expansion, widening to accompany extra pipelines. Douglas - Cabrillo owns the easement which would have to grant it to the City or the City can condemn it. Ron - currently existing sewer line and provision of single smaller lift station. Douglas - construction will interfere with power station construction? Ron - 2 projects need the same footprint requires co-operation, project is significantly larger than what had been dialigued before and in the 2006 ....... Terry Smith Kulchin - Not noticed? Drew - labels come, property tax information is where the labels come from. NRG came up on APN number but it did not have an address. It was not noticed by staff before mailing went out.- total of 750 labels. Now has a mailing address and a person's name for receiving public notices. CA Ron Ball - 2 proceedings - 1 is CEC proceedings, we have no jurisdiction over licensing of the powerplant, we are just an intervener. We don't know timing or if the project will proceed. Council has jurisdiction over this project. This is to obtain permits, followed by procedure of awarding of contracts, timing is unknown but Council is in charge of that timetable. Testimony of planning director - we satisfied 2 of the 3 legal tests for environmental. Posting took place in 3 locations, in newspapers, on website, on agenda. NRG address did not show on Equalized Assessment Rolls. Possible next public hearing will only address new information which may be included. Kulchin - is this a larger project than originally planned? Terry Smith - project history, working on since 2005, one of the first people we contacted was the property owner - NRG. We have had many meetings with NRG staff. Their advice was to stay as far north as possible to stay away from their potential project expansion. Since 2008 many communications/questions from the City, very little comment throughout that period from NRG, which has undergone staff chages during that period. Only adding one sewer force main at this stage 30" inner diameter, existing line is 42" line. Not putting in recycled water line (12") at this stage, but allocating space for other pipelines. Smith - no open cut construction. Hall - how to deal with no containment basin ? Smith - put more belt suspenders into the facility, larger pumps will be used in peak times, new technology does not require a containment basin. Hall - Losing eucalyptus trees? Drew - Possible putting more back, wants to replace with native plants. The Coastal Commission, and Fish and Wildlife will say what kind of mitigation and where its going to go. Kulchin - working closely with Encina regarding no containment. Smith - On board since day 1. Blackburn - Mitigation, noticing, move to continue, reserve my ability to continue ask questions. CA Ron Ball - Questions can be asked of staff. The public and NRG will have the opportunity to speak. Douglas - CEQA Don Neu - Ron's letter received recently, needs time to analyze. No sooner than April 5, Hall - April 26? **Douglas - please include all correspondence between the City and NRG/Cabrillo to be part of the record. CA Ron Ball - Kulchin motion Continue to date certain April 26 - approved 5/0. ******Public hearing to be kept open. *****
AB #20,478
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION SPECIAL MEETING AGENDA March 8, 2011 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
APPROVED 5/0
Minutes of the Joint Special Meeting held February 8, 2011.
PUBLIC HEARING:
15. AB #426 - APPROVE 2011-2015 FIVE-YEAR IMPLEMENTATION PLAN FOR SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA. To consider approving the 2011-2015 Five-Year Implementation Plan for the South Carlsbad Coastal Redevelopment Area. Resolution No. 499. ACTION:
DAVE DE CORDOBER, (Title), presented the Power Point presentation - on file in the office of the City Clerk. No speakers. APPROVED - 5/0
AB #426
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
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. 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.
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in.
ADJOURNMENT.
COUNCIL REPORTS AND COMMENTS: (*=Appointed by other agency) (Revised 2/4/11)
ANNOUNCEMENTS - City Manager - None City Attorney - None City Clerk - None Mayor Hall made the announcements. Adjourned meeting in memory Austin Bice.
PACKARD
Buena Vista Lagoon JPC
City/School Committee
North County Transit District Board of Directors
NCTD Performance, Administration and Finance Committee
North County Transit District Executive 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)
SANDAG Borders Committee
BLACKBURN
Buena Vista Lagoon JPC
Chamber of Commerce Liaison
City/School Committee
Encina Joint Powers (JAC)
Encina Wastewater Authority
EWA Capital Improvement Committee, Chair
North County Dispatch Joint Powers Authority (alternate)
KULCHIN
CalCoast Board of Directors
Encina Joint Powers (JAC)
Encina Wastewater Authority, Chair
EWA Policy & Finance Committee
North County Transit District (alternate)
*San Diego Authority for Freeway Emergencies (SAFE)
SANDAG Board of Directors (1st alternate)
*SANDAG Shoreline Preservation Committee
HALL
Chamber of Commerce Liaison
LAFCO Cities Advisory Committee
North County Mayors and Managers
SANDAG Board of Directors
SANDAG Transportation Committee
Mar 08, 2011 City Council, Carlsbad Municipal Water District Board and Housing and Redevelopment Commission Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
ALL PRESENT
APPROVAL OF MINUTES:
CLOSED SESSION gave aTTORNEYS & Staff - DIRECTION , no decision
minutes approved 5/0
Minutes of the Joint Special Meeting held February 8, 2011.
Minutes of the Special Meetings held February 15 and 16, 2011.
Minutes of the Special Meeting held February 22, 2011.
Minutes of the Regular Meeting held February 22, 2011.
PRESENTATIONS:
Proclamation presentation in recognition of Julie Baker.
Mayor Hall presented a proclamation in recognition of Julie Baker.
Proclamation presentation in recognition of Good Samaritans.
Council member Blackburn presented a proclamation in recognition of Good Samaritans.
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, with exception of item number 4, pulled by Council member Black burn. Discussion will take place - time, place. Move Item # 4 for adoption - 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 #20,468 - REFUND OF BUSINESS LICENSE TAX. Authorizing a refund of business license tax to Always There Home Care, Inc. Resolution No. 2011-033. ACTION:
AB #20,468
2. AB #20,469 - APPROVE AGREEMENT AND ADVERTISE FOR BIDS . Approving the project agreement with the City of Vista for construction of the Buena Vista Lift Station Forcemain, Reach VC4; and, directing the City Clerk to advertise for bids, Project No. 5508. Resolution No. 2011-034. ACTION:
AB #20,469
3. AB #20,470 - NOTICE OF COMPLETION. Accepting construction of the Corrugated Metal Pipe Replacement Program as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6607-3. Resolution No. 2011-035. ACTION:
AB #20,470
4. AB #20,477 - NOTICE OF COMPLETION. Accepting the construction of the Alga Norte Community Park Mass Grading Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 38372. Resolution No. 2011-036. ACTION:
AB #20,477
5. AB #20,471 - NOTICE OF COMPLETION. Accepting the construction of the 2010 Concrete Replacement Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 6013. Resolution No. 2011-037. ACTION:
AB #20,471
6. AB #20,472 - NOTICE OF COMPLETION. Accepting the construction of the La Costa Avenue Subdrain Project as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 3681. Resolution No. 2011-038. ACTION:
AB #20,472
7. AB #20,473 - APROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 8 to the agreement with Bureau Veritas North America, Inc., for the widening of El Camino Real between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2011-039. ACTION:
AB #20,473
ORDINANCES FOR INTRODUCTION
8. AB #20,474 - ADMINISTRATION OF REVENUE FUNDS. To consider amending Section 3.32.030 and Section 5.04.130 of the Carlsbad Municipal Code pertaining to the administration of revenue funds. Introduction of Ordinance No. CS-119. ACTION:
CA Ron Ball explained the ordinance. Douglas requested that staff notify Council by staff memo if the amount is over $10,000. Douglas requested that 10 day payment be changed to 30 days. CA Ron Ball - 10 days mostly applies to appeals. Administration report between amounts of $10,000 to $25,000. CA Ron Ball said it would be better to rewrite the Ordinance to include. Blackburn - Changes on its face - administrative report, and amount? CA Ron Ball would like to redraft for clarity. Kulchin that item #8 be sent back to CA's office with corrections as noticed by Douglas.
AB #20,474
9. AB #20,475 - PROHIBIT PARKING OF OVERSIZED VEHICLES ON A PORTION OF CARLSBAD BOULEVARD. To consider amending Title 10, Section 10.40 of the Carlsbad Municipal Code to prohibit parking of oversized vehicles on a portion of Carlsbad Boulevard. Introduction of Ordinance No. CS-120. ACTION:
John Kim, City Traffic Engineer, presented the Power Point presentation - on file in the office of the City Clerk.
Myron Myer, Vista, came forward to address Council, in opposition to RV parking restrictions.
Bob Lawrence, Carlsbad, came forward to address Council, regarding the RV parking in Garfield Street neighborhood. , ask that Council to talk to police.
John Prietto, Carlsbad, addressed Council about on behalf of Village by the Sea, and other local businesses, the vagrants who are in the parked RV's.
James Landes, Carlsbad, representing HOA and businesses of Village by the Sea, to incorporate a larger plan to restrict RV parking, or at least a study.
Reg Williams, Carlsbad, addressed Council, are there provisions for travellers coming to and through Carlsbad, to park and go to the beach, suggested a limit of 1 hour parking.
CA Ron Ball stated that Carlsbad Blvd is a local jurisdiction, it is not discriminatory to RV's, it's 7' high, etc. John Kim, available area for RV's to park, Blvd south of Tamarack, along the beach. Mayor Hall stated that parking is available along the coast to Leucadia. Packard - prior study for oversized vechile parking. John Kim said Police Dept. is looking at overall parking. Douglas - parking meters allowing RV's to park a limited amount of time? Options - a trial for one year? Blackburn - Issue is about quality of life for residents as well as visitors. This is a compromise - 2 1/2 blocks for people to come and go, not oversized vehicles. Not taking away RV parking for the whole coastline. Carlsbad has campgrounds and 6 miles of coastline. Supports this Ordinance. Packard - Meters - NO. We will monitor the outcomes, and believes it will be a positive stop for residents, move forward as presented. Douglas - agree with Blackburn, it will continue unless Council decides to make a change. Kulchin - a lot of beach and parking in south Carlsbad, support. CA Ron Ball titled the Ordinance. APPROVED 5/0
AB #20,475
ORDINANCE FOR ADOPTION
10. AB #20,476 - ESTABLISH A NO PARKING ZONE ON VAN ALLEN WAY. Adopting Ordinance No. CS-118, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the addition of Section 10.40.171 to establish a No Parking Zone on each side of Van Allen Way from Faraday Avenue to its northerly terminus. ACTION:
CA Ron Ball titled the ordinance. APPROVED 5/0
AB #20,476
PUBLIC COMMENT: 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.
PUBLIC HEARING:
11. AB #20,479 - ADOPTION OF 2010 CALIFORNIA BUILDING/FIRE/MECHANICAL/ ELECTRICAL/PLUMBING/UNIFORM SOLAR/RESIDENTIAL/GREEN AND ENERGY CODES. To consider continuing the public hearing to March 22, 2011 or some other date certain regarding amendments to the following titles and chapters of the Carlsbad Municipal Code: Title 17, Chapter 17.04, Fire Prevention Code; Title 18, Chapter 18.04, Building Code; Chapter 18.08, Mechanical Code; Chapter 18.12, Electrical Code; Chapter 18.16, Plumbing Code; Chapter 18.18, Solar Energy Code; Chapter 18.20, Residential Code; Chapter 18.21, Green Building Standards Code; and Chapter 18.30, Energy Code. ACTION:
City Manager Lisa Hildabrand announced that this item will be continued to March 22, 2011. Glenn Bernard, Carlsbad, came forward to address Council, in favor of solar energy, and in opposition to planting non indigenous trees in Carlsbad. Agreed to continue item - APPROVED 5/0
AB #20,479
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SPECIAL MEETING AGENDA March 8, 2011 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes approved - 5/0
Minutes of the Special Meetings held January 11, 2011.
Minutes of the Special Meeting held February 8, 2011.
Minutes of the Special Meeting held February 15, 2011.
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.
Item No. 12 - 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.
12. AB #729 - QUITCLAIM WATERLINE EASEMENT. Approving the quitclaim of a waterline easement in Parcels 3 and 4 of Parcel Map No. 17971 to Life Technologies Corporation, Inc., PR 10-02. Resolution No. 1414. ACTION:
AB #729
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION JOINT SPECIAL MEETING AGENDA March 8, 2011 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
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.
Item #13 - 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.
13. AB #20,480 -TRANSFER OF REAL PROPERTY AND OTHER REDEVELOPMENT AGENCY ASSETS TO THE CITY. Approving certain actions related to the transfer of real property and other assets of the Redevelopment Agency to the City to meet existing obligations set forth in the cooperation and other agreements between the Agency and the City. City Council Resolution No. 2011-042. Housing and Redevelopment Commission Resolution No 498. ACTION:
AB #20,480
PUBLIC HEARING
14. AB #20,478 - AGUA HEDIONDA SEWER LIFT STATION. City Council consider adopting a Precise Development Plan Amendment (PDP 00-02(C), Specific Plan Amendment 144 (L), a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and, approving a Hillside Development Permit (HDP 10-05) and Habitat Management Plan Permit (HMP 10-03) on property generally located south of Chinquapin Avenue to the Encina Water Pollution Control Facility, located within easements on public and private property and within the right-of-way of Avenida Encinas. ACTION:
Associate Planner, Pam Drew, and Senior Civil Engineer, ?, presented the Power Point presentation - on file in the office of the City Clerk. CA Ron Ball referred to questions received regarding mitigation. He asked for further questions in written form. Re Planning Commission noticing, representatives from NRG were in attendance. 700 notices were mailed, NRG was not on the list, they are now on the mailing list and notice has been given to them regarding this item.
Diane Nygard, representing Preserving Calaverra, combine several small mitigation areas to a larger mitigation area/plan, less costly pipe without a road, open space, cost savings.
Ron Raust, Luce Forward, on behalf of NRG and Cabrillo Power, regarding noticing, environmental compliance of the project, participation/non-participation in the negative mitigation declaration, new replacement sewer line, additional water line, additional recycled water line. No cumulative analysis for the property. Reserves the right to comment on any additional information, at least 3 days notice. Ask to put action in abeyance, supplement negative mitigation declaration under CEQA. Potential joint uses of the area. Flaws to the process. Some areas overlap with the proposed new power plant. Packard - requested clarification on property overlaps. Blackburn - What would you like to see? Ron - CEQA, environmental affect report, required by law to be noticed to affected people, with purpose of a better planned project, NRG and Cabrillo Power were left out of the CEQA process. Potential adverse affect to land owner. Removal of trees has an adverse affect on the power plant. New water lines in the easement incompatible to the Carlsbad Energy footprint. Douglas - NRG and Cabrillo completely unaware of this project? Ron - Company unaware of further expansion, widening to accompany extra pipelines. Douglas - Cabrillo owns the easement which would have to grant it to the City or the City can condemn it. Ron - currently existing sewer line and provision of single smaller lift station. Douglas - construction will interfere with power station construction? Ron - 2 projects need the same footprint requires co-operation, project is significantly larger than what had been dialigued before and in the 2006 ....... Terry Smith Kulchin - Not noticed? Drew - labels come, property tax information is where the labels come from. NRG came up on APN number but it did not have an address. It was not noticed by staff before mailing went out.- total of 750 labels. Now has a mailing address and a person's name for receiving public notices. CA Ron Ball - 2 proceedings - 1 is CEC proceedings, we have no jurisdiction over licensing of the powerplant, we are just an intervener. We don't know timing or if the project will proceed. Council has jurisdiction over this project. This is to obtain permits, followed by procedure of awarding of contracts, timing is unknown but Council is in charge of that timetable. Testimony of planning director - we satisfied 2 of the 3 legal tests for environmental. Posting took place in 3 locations, in newspapers, on website, on agenda. NRG address did not show on Equalized Assessment Rolls. Possible next public hearing will only address new information which may be included. Kulchin - is this a larger project than originally planned? Terry Smith - project history, working on since 2005, one of the first people we contacted was the property owner - NRG. We have had many meetings with NRG staff. Their advice was to stay as far north as possible to stay away from their potential project expansion. Since 2008 many communications/questions from the City, very little comment throughout that period from NRG, which has undergone staff chages during that period. Only adding one sewer force main at this stage 30" inner diameter, existing line is 42" line. Not putting in recycled water line (12") at this stage, but allocating space for other pipelines. Smith - no open cut construction. Hall - how to deal with no containment basin ? Smith - put more belt suspenders into the facility, larger pumps will be used in peak times, new technology does not require a containment basin. Hall - Losing eucalyptus trees? Drew - Possible putting more back, wants to replace with native plants. The Coastal Commission, and Fish and Wildlife will say what kind of mitigation and where its going to go. Kulchin - working closely with Encina regarding no containment. Smith - On board since day 1. Blackburn - Mitigation, noticing, move to continue, reserve my ability to continue ask questions. CA Ron Ball - Questions can be asked of staff. The public and NRG will have the opportunity to speak. Douglas - CEQA Don Neu - Ron's letter received recently, needs time to analyze. No sooner than April 5, Hall - April 26? **Douglas - please include all correspondence between the City and NRG/Cabrillo to be part of the record. CA Ron Ball - Kulchin motion Continue to date certain April 26 - approved 5/0. ******Public hearing to be kept open. *****
AB #20,478
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION SPECIAL MEETING AGENDA March 8, 2011 6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
APPROVED 5/0
Minutes of the Joint Special Meeting held February 8, 2011.
PUBLIC HEARING:
15. AB #426 - APPROVE 2011-2015 FIVE-YEAR IMPLEMENTATION PLAN FOR SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA. To consider approving the 2011-2015 Five-Year Implementation Plan for the South Carlsbad Coastal Redevelopment Area. Resolution No. 499. ACTION:
DAVE DE CORDOBER, (Title), presented the Power Point presentation - on file in the office of the City Clerk. No speakers. APPROVED - 5/0
AB #426
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
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. 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.
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in.
ADJOURNMENT.
COUNCIL REPORTS AND COMMENTS: (*=Appointed by other agency) (Revised 2/4/11)
ANNOUNCEMENTS - City Manager - None City Attorney - None City Clerk - None Mayor Hall made the announcements. Adjourned meeting in memory Austin Bice.
PACKARD
Buena Vista Lagoon JPC
City/School Committee
North County Transit District Board of Directors
NCTD Performance, Administration and Finance Committee
North County Transit District Executive 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)
SANDAG Borders Committee
BLACKBURN
Buena Vista Lagoon JPC
Chamber of Commerce Liaison
City/School Committee
Encina Joint Powers (JAC)
Encina Wastewater Authority
EWA Capital Improvement Committee, Chair
North County Dispatch Joint Powers Authority (alternate)
KULCHIN
CalCoast Board of Directors
Encina Joint Powers (JAC)
Encina Wastewater Authority, Chair
EWA Policy & Finance Committee
North County Transit District (alternate)
*San Diego Authority for Freeway Emergencies (SAFE)
SANDAG Board of Directors (1st alternate)
*SANDAG Shoreline Preservation Committee
HALL
Chamber of Commerce Liaison
LAFCO Cities Advisory Committee
North County Mayors and Managers
SANDAG Board of Directors
SANDAG Transportation Committee
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