Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (4 Present, 1 Absent, 0 Excused) (Recorded at 00:02:34)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:02:43)
Minutes of the Special Meeting held September 13, 2007.
Minutes of the Special Meeting held September 25, 2007.
Minutes of the Regular Meeting held September 25, 2007.
Minutes of the Joint Special Meeting held September 25, 2007.
PRESENTATION:
Mayor Pro Tem Kulchin - presented Proclamations to Jodi Coe from Women's Resource Center came and Jacki Stone from Community Resource Center in Recognition of Domestic Violence Awareness Month.
Ms. Stone thanked council for recognition. Ms. Coe also thanked Council and clients.
Proclamation Presentation in Recognition of Fire Prevention Week, October 7-13, 2007.
Council Member Packard presented a Proclamation to Fire Marshal Jim Weigand in recognition of Fire Prevention Week.
Mr. Weigand spoke about anniversary date of the Chicago fire. Invited members of public and Council to attend Open House at Fire Station No. 5.
Council Member Hall presented a Proclamation to Fred Chambers in recognition of White Cane Safety Day and Meet the Blind Month.
Fred Chambers, VP of Local Chapter of National Federation of Blind of California - beach chapter meets 2nd saturday of each month at 2"00 p.m. at McGee Park. 760-840-1265 for more information. Spoke in support of employing blind individuals.
**PLEASE NOTE: SOME AGENDA BILLS MAY TAKE SEVERAL MINUTES TO BE DISPLAYED.**
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.
Motion by Kulchin - (Hall - not voting on item no. 8 due to conflict.
Motion to approve 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. Moved by , seconded by Council Member Hall.
Vote to approve 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) (Recorded at 00:19:43)
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 #19,192 - OUT OF STATE TRAVEL. Approving out of state travel for one Engineering Department staff member to attend the H2OMAP Water Training Course in Denver, Colorado. Resolution No. 2007-264. ACTION:
AB19,192
Motion to approve 1. AB #19,192 - OUT OF STATE TRAVEL. Approving out of state travel for one Engineering Department staff member to attend the H2OMAP Water Training Course in Denver, Colorado. Resolution No. 2007-264. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 1. AB #19,192 - OUT OF STATE TRAVEL. Approving out of state travel for one Engineering Department staff member to attend the H2OMAP Water Training Course in Denver, Colorado. Resolution No. 2007-264. ACTION: (Approved)
2. AB #19,193 - AWARD OF CONTRACT. Authorizing the ratification and award of contract to TRISTAR Risk Management to provide third party administration of workers' compensation claims. Resolution No. 2007-265. ACTION:
AB19,193
3. AB #19,194 - AWARD OF CONTRACT. Accepting the bid and awarding the contract to Seaside Heating and Air Conditioning to upgrade the HVAC controls at the Safety Center, Contract No. FAC 07-01R, Bid No. PWS08-2FAC. Resolution No. 2007-266. ACTION:
AB19,194
4. AB #19,195 - AWARD OF CONTRACT. Accepting the bid and awarding the contract to Johnson Controls, Inc. to upgrade the HVAC at City Hall, Contract No. FAC 07-02, Bid No. PWS08-05FAC. Resolution No. 2007-267. ACTION:
AB19,195
5. AB #19,196 - FINAL MAP FOR ROOSEVELT GARDEN CONDOMINIUMS. Approving the Final Map for CT, 06-18, Roosevelt Garden Condominiums, and authorizing the map to be recorded. Resolution No. 2007-268. ACTION:
AB19,196
6. AB #19,197 - EASEMENT VACATION. Summarily vacating a portion of a public utility easement across Lot 1 of the Carlsbad Ranch Hotel and Timeshare Resort, STV 07-03, CT 03-02, Map No. 15332. Resolution No. 2007-269. ACTION:
AB19,197
7. AB #19,198 - AWARD OF CONTRACT. Accepting bids and awarding a contract to T&M Electric, Inc., for the construction of the Poinsettia Lane and Black Rail Road Traffic Signal, Project No. 3939-1. Resolution No. 2007-270. ACTION:
AB19,198
8. AB #19,199 - FINAL MAP FOR CRESCENT DEL SOL ESTATES. Approving the Final Map for CT 05-01, Crescent Del Sol Estates and authorizing the map to be recorded. Resolution No. 2007-271. ACTION:
AB19,199
ORDINANCE FOR INTRODUCTION
9. AB #19,200 - CLARIFICATION OF CERTAIN VIOLATIONS AS MISDEMEANORS. To consider amending Chapter 1.08, Section 1.08.010 of the Carlsbad Municipal Code clarifying certain violations as misdemeanors. Introduction of Ordinance No. NS-861. ACTION:
AB19,200
City Attorney Ron Ball titled the Ordinance.
Approved 4/0
Motion to approve 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 and address. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 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 and address. (Approved) (Recorded at 00:22:08)
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 and address.
Mayor Lewis made closed session Announcement.
Jill Agosti, 2730 Edinburgh Drive, came forward to address Council regarding notification of Proposition D Workshops. Ms. Agosti expressed concerns relating to communication regarding citizens and the City's General Plan. Asks for a link on website regarding open space designation in general plan. Concerns regarding broad public participation - for those who cannot attend - offer an on-line survey for public opinion; Workshops to be posted on Special Events Marquees and repitiion of ads.
PUBLIC HEARING:
*This item was continued from the Council Meeting of September 18, 2007.*
10. AB #19,172 - APPEAL OF CITY ENGINEER'S DECISION. To consider an appeal of the City Engineer's decision approving Minor Subdivision MS 07-01 (Thomas Scott).
AB19,172
Acting City Manager Lisa Hildabrand introduced item.
Tecla Levy, John O'Donnell and Chris Sexton presented the staff report and reviewed a PowerPoint presentation. On file in the Office of the City Clerk.
Ms. Levy address appeal issue #2 - Appeal issues has significant surface water impact.
Illustrated Existing Drainage Pattern - Ms. Levy showed an illustration of drainage plan form 1991.
Holleran driveway is 3 feet narrower and 3 inches shallower than driveway was approved.
Explained that the amount of run-off will be the same at both points of the property.
Engineering Issue - Appeal Issue #2 - per staff the amount of storm water run-off before the development is expected to be the same after development, therefore project has no significant impacts.
3rd Appeal Issue - Portions of planter area lower than the driveway, project will cause additional drainage/flooding. Cannot be mitigated. City Response - project proposed not increase in run-off, therefore not addtional drainage/flooding.
Appeal Issue - No Drainage easement was obtained. City response: Mr. Scott's property historically drains onto Holleran's driveway. The project proposed no increase in run-off and velocity, no additional drainage;flooding is anticipated, therefore no drainage easement is required.
Proposed pipe system has the probability of becoming clogged. City Response: Redundant system provided - secondary inlet proposed at the NOrtheast corner of the lot. Detention system will be designed to capture the increase before entering the secondary inlet.
New storm drain system installed on Highland Drive.
Appeal Issue #6 - Holleran believes the application violates a National Pollution Discharge Elimination System Permit. City Response - The project complies with the NPDES Permit and the City o f the CArlsbad Urban Storm Water Mitigation Plan. The temporary stockpile was part of the recent storm drain improvements by the City on Highland.
Chris Sexton to review Planning Issues Now. Appeal Issue #3 - Visual Impact.
Sexton reviewed General Plan Land Use Element Land Use Pattern Implementing Policies and Action Programs C.7.
Lot does not contain any paths or trails.
The project's proposed density is at the growth management control point of 3.2 du per acre.
4th Issue - should not have been classified as catagorically exemption. - Seston reviewed CEQA Guidelines.
Appeal Issue #5 - jjproject does not comply with the City of Carlsbad Subdivison Ordinance. It does per Sexton.
End of Presentation.
Council Member Hall asked if when Holleran asked what setbacks would be ? listen to this. In parcel B , what % of lot would be hardscape? Per Levy, approximately 48%.
Packard - asked question - listen to this - speaking to denise at this point.
Packard - asking about side yards. - nothing set that front yard has to be off of the pan handle.
Lewis - the documentation that you had regarding concerns relating to the Holerans appeal has come forward today? Mr. O'Donnell all informaiton have today is same as what staff has - no new information today? No - per O'Donnell.
Mr. Holleran or representative called forward at this time.
Wes Pelzer came forward on behalf of the appelant. Asking for 20 minutes - permitted per Mayor.
Mr. Pelzer explained that two issues - one is drainage on Scott Property and drainage on Highland.
Mr. Pelzer asking for drainage of entire basin down to Highland Drive - missing is any effort to evaluate cumulative effects.
Not the place or time for battle of experts. City is claiming an exemption relating to CEQA. If there is any significant cumulative impacts must deny exemption per Mr. Pelzer - will illustrate the unusual circumstances.
Asking that drainage issue reviewed.
2nd Issue is Visual Impacts - setback issue; Illustrated a plot plan shows setback of 27 feet from Holleran Property. (permitted to build within 10' of Holleran property line.
Showed pictures of what happens to Holleran Property if Scott is allowed to build a two story home will block sun from Holleran property. Will deny them light and air.
Next exhibit (on foam board) shows scenerio with 27 foot setback.
asking for condition to have 27 feet setback.
Gary Piro now called forward to address engineering drainage issues - 93o - San Marcos (listen for address).
Piro - a concern becuase the sum total of drainage (6 properties in all) - wants an analysis of entire drainage basin.
Illustrated current drainage pattern and consequences of additional drainage as a result of the Scott development.
Disputed Mr. Sukup's calculations - before and after drainage issues. Asking for calculations relating to detention basin.
Issue - 3rd issue - erosion protection - will go into planter - Scott proposes BMP's on property . . . what happens if overflows and goes to James Drive.
Mr. Holleran - 3311 James Drive - lived in Calrsbad for many years. MS has been an impact on home.
Submitting aletter - see if I can get this. Expressed concerns relating to water drainage. Asking that the sub-division be denied until after thourough review of entire basin. Expressed concerns relating to building blocking light from Holleran's property.
Can show that a split level home can be built if Scott willing.
Submitting a couple of neighbor letters and comments form Mr. George Arroyo - asking for a review of the Drainage Issue.
Mr. Holleran showing pictures now.
Showed digital simulation of what house could look like.at 10 feet line and 27 foot line. Dirt pile on Scott Property without BMP's.
Hall - asking Mr. Pelzer - an exhibit with house placed at a certain point? Where did it come from. Per Pelzer from plot plan submitted by Mr. Scott.
Lewis - you showed a given prospective of a tri-level or dual level - plans were done by visual experts (were not Mr. Scott's Plans per Mr. Piro).
Mr. Pelzer - spoke about natural condition regarding flow and need for easement. City of Lafayette vs. something - listen to this.
Mr. Scott called forward now.
5138 Delaney Court, Carlsbad.
Wife is teacher at Kelley Elementary School. Not asking for anything not in the code and not asking for any variances.
Spoke about 27 foot setback - in order to put it through to City Council - had to put something on the plot plan. Offered concessions to Mr. Holleran -offered to lower pads by 3 feet. Offered to increase setback to 15 feet. Offered to plant mature vegetation. Offered to build wall (fence) at 100% Scott Expense. Offered to sell Mr. Holleran 5 feet or entire lot. Offered to build swale on property.
Reference about driveway and wall not built to code. Not Mr. Scott's responsibility.
Agreed to add retention basins per Scott expense. Showed photos of property. and drainage swale.
Showed examples of side yard setbacks of less than 10 feet.
Concerns relating to drainage on Highland Drive. City had pipe built and installed for problem on Highland Drive.
Driveway issue is for Mr. Holleran to address.
Drainage swale was constructed for purpose of parcels to be developed.
Mr. Scott explained that as long as he is not increasing downstream flow it is not his responsibility to study downstream flow. Also stated that he does not have any architectural plan and will not agree to 27 foot setback.
Addressed Mr. Packards question regarding pan handle lots. NOt asking for variances.
In closing, Mr. Scott stated that he understands that some do not like development. Has never agreed to 27 foot setback (will go to a 15 foot setback and reducing pad by 3 foot.
All setbacks allow for light, air and air flow. Asking Council to approve project.
Kulchin - spoke with Mr. Holleran about lowering pad by 3 feet confirmed Kulchin.
Confirmed with Mr. Scott that he would also build a new fence. Scott stated that he submitted to Engineering that 3 basins are shown on the proposed map.
In response to KUlchin, Ms. Levy explained developer paid for brow ditch.
Hall - confirmed with Mr. Scott that he offered to reduce pad by 3 feet and would get it below the wall.
Hall - how would spill basin work if you lowered the pad below brow ditch. O'Donnell - an additional pipe would need to be installed. Scott - would agree to pay.
Staff explained current plan is reduced 3 feet already.
Hall - any hardscape added will have an effect.
Open PH now.
Gentleman came forward to address Council - Steve Baroth, 3307 James Drive - nothing told to him about driveway being wrong. A ditch is great concept; general drainage does not work.
Lewis commented that neighbors will not allow gutters and sidewalks.
Greg Samson, came forward to address Council., 3286 Highland Drive - concerns relating to placement of house . . . one story two store issue. Would like house brought as far to west as possible. Per Lewis - sf of your house = 4498 feet
Asking for house to be as far to the west as deemed possible.
Mary Holleran, 3311 James Drive, came forward to address Council. Spoke about threat from Mr. Scott. Never made an offer to reduce pad.
Spoke about being reasonable.
Janna Scott, 5138 Delaney Court, Carlsbad, came forward address Council. Everything the Scott's are asking for is permitted by the Code. Any house going up would look a lot higher.
Irene Strause, 3192 Highland Drive, came forward to address Council. A different family will be doing the house not the Scott's.
Close Public Hearing
Open up Ph again. - listen to name of gentleman on James Court - asking for Council to look at DRainage problem on James DRive.
Believe that there will be an impact.
Mr. Pelzer returned to rebut the drainage statements by Mr. Scott - asking for studies to be done. In Scott application and drainage calculation does not show drainage basin. A statement also made that CEQA does not require analyse - yes because it increases 100%.
No calculation for retention basin. Detention basins can be annoying to residents.
Want review of proposed detention basin.
Close PH at 8:10 p.m.
Reconvene at 8:22 p.m.
Had to reconvene prior to 8:19 per laptop clock.
City Attorney Ron Ball explained required setbacks (listen to entire comments).
Hall - abuse of discretion?
Ball - explained term abuse of discretion.
Hall - CEQA question or statute referred to? Ball - Explained CEQA "categoricaly exempt". CEQA would require an initial review, however certain classes of in-fill are entitled to exemption.
Hall - for instance drainage in area - would that qualify for non-exemption. This in-fill is not unusual compared to others in the City.
Ball - explained that court case pertains to city liability. Inapplicable to sub-division.
Packard - panhandle lots and determination of setbacks. Per Sexton - can determine setbacks for parcel B - same as Holleran Property. Front yards would be facing north.
Hall - why didn't we make the adjoining lot the backlot giving the extra 10 feet. This is what is proposed to staff.
Kulchin - Heard a lot of things - the way ordinances and codes are set up - did Mr. Scott do everything he was supposed to? O'Donnell - Yes, he did.
Lewis - anything they did not do? No said O'Donnell - their will be final engineering - more details of retention/detention basins.
Lewis - if I have a lot and I have met all the basic requirements of the City - can staff make recommendation of house adjustments - regarding size and style (tri-level). Don Neu came forward to answer the question. Mr. Neu stated that often times they try to compromise to make adjustments to address concerns of neighboring property owners.
Neu - we must set where front, back and sides are.
The home was proposed to mirror the Holleran Property.
REason to establish setbacks - can see parameters of property. There is flexibility through City Engineers's approval.
Neu explained that the Planning Department has not chartered changing standards to make someone change their property. A lot of the problem was created by grade difference.
Elevation difference.
In Carlsbad, there are terraced properties.
Hall - drainage and ponding around home? O'Donnell - explained that listen to this.
Per O'Donnell there could be changes to final design at this stage.
Lewis - how will ponding on James Drive be handled . . not part of appeal per O'Donnell. O'Donnell - that would need to be addressed through Public Works.
Packard - Going to deny the appeal because he accepts staff's evaluation of drainage situation. Approve of staff's CEQA determination. Staff did not abuse discretion.
Hall - thinks there is some middle ground - moving yards and setbacks should not be a problem. Drainage is an issue of real concern. Having difficulty using yards for detention basins - the detention structure should be able to carry mass majority of situation. Will need to design system in final stages. Change backyard setback from 10 to 20 feet. Would approve appeal if these changes do not take place.
Kulchin - support documents denying the appeal. Supporting staff recommendation.
Lewis - if you follow rules and regulations in Carlsbad, support. Suppots staff's recommendation.
Motion by Kulchin - to uphold City Engineer's decision. Second by Packard.
Motion to approve 10. AB #19,172 - APPEAL OF CITY ENGINEER\'S DECISION. To consider an appeal of the City Engineer\'s decision approving Minor Subdivision MS 07-01 (Thomas Scott). Moved by Mayor Pro Tem Kulchin, seconded by Council Member Packard.
Vote to approve 10. AB #19,172 - APPEAL OF CITY ENGINEER'S DECISION. To consider an appeal of the City Engineer's decision approving Minor Subdivision MS 07-01 (Thomas Scott). (Approved) (Recorded at 02:46:46)
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
AGENDA
Special Meeting
October 9, 2007
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion by Kulchin - approved 4/0
Minutes of the Joint Special Meeting held September 11, 2007.
Minutes of the Special Meeting held September 18, 2007.
Minutes of the Special Meeting held September 25, 2007.
PUBLIC HEARING:
1. AB #642 - DRINKING WATER QUALITY AND SOURCE WATER QUALITY PUBLIC HEALTH GOALS REPORT. To consider approving the Carlsbad Municipal Water District's Report on Water Quality Relative to Public Health Goals. Resolution No. 1306. ACTION:
AB642
Cari Dale, reviewed the staff report and powerpoint presentation (on file in the office of the city clerk).
Steve Plylar reviewed the rEgulations before Council.
Reviewed Goals
CMWD Water meets all Federal and State Mandates.
Constituents that eceed a PHG (review PowerPoint for details.
Pakcard asked why there is no PHG for radionuclides. Per Plyler - State Level does not require a PHG.
Kulchin - why the term constituent? Plylar - can be component and contaminent.
testing note.
Lewis - do we check out bottle water that is purchased? Cari Dale - that is beyond what the City checks out - FDA would regulate the bottled water.
Lewis - are standards more stringent? Dale - will check.
Packard - who performs tests for CMWD. Plylar - listen to this.
Hall - where do alpha and beta come from? Plylar - they are radionuclides - naturally occurring - granite earth and soil are sources.
Lewis commented by Colorado River and number one sewer.
Open PH at 9:00 a.m. Close PH at 9:00 a.m.
Motion to approve 1. AB #642 - DRINKING WATER QUALITY AND SOURCE WATER QUALITY PUBLIC HEALTH GOALS REPORT. To consider approving the Carlsbad Municipal Water District\'s Report on Water Quality Relative to Public Health Goals. Resolution No. 1306. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 1. AB #642 - DRINKING WATER QUALITY AND SOURCE WATER QUALITY PUBLIC HEALTH GOALS REPORT. To consider approving the Carlsbad Municipal Water District's Report on Water Quality Relative to Public Health Goals. Resolution No. 1306. ACTION: (Approved) (Recorded at 03:02:44)
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
Adjourn to council reports at 9:00 p.m.
Packard mentioned that Carlsbad is hosting League Dinner on Thursday.
Packard - spoke about Michele Butler passed away from leukemia. Funeral Service is Thursday at LDS on Chestnut and Monroe.
Lewis - spoke about Desalination issue.
Meeting adjourned at 9:04 in memory of Michele Butler.
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
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.
Oct 09, 2007 City Council and Carlsbad Municipal Water District Board Meeting
Full agenda
Share this video
Video Index
Full agenda
Share
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (4 Present, 1 Absent, 0 Excused) (Recorded at 00:02:34)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:02:43)
Minutes of the Special Meeting held September 13, 2007.
Minutes of the Special Meeting held September 25, 2007.
Minutes of the Regular Meeting held September 25, 2007.
Minutes of the Joint Special Meeting held September 25, 2007.
PRESENTATION:
Mayor Pro Tem Kulchin - presented Proclamations to Jodi Coe from Women's Resource Center came and Jacki Stone from Community Resource Center in Recognition of Domestic Violence Awareness Month.
Ms. Stone thanked council for recognition. Ms. Coe also thanked Council and clients.
Proclamation Presentation in Recognition of Fire Prevention Week, October 7-13, 2007.
Council Member Packard presented a Proclamation to Fire Marshal Jim Weigand in recognition of Fire Prevention Week.
Mr. Weigand spoke about anniversary date of the Chicago fire. Invited members of public and Council to attend Open House at Fire Station No. 5.
Council Member Hall presented a Proclamation to Fred Chambers in recognition of White Cane Safety Day and Meet the Blind Month.
Fred Chambers, VP of Local Chapter of National Federation of Blind of California - beach chapter meets 2nd saturday of each month at 2"00 p.m. at McGee Park. 760-840-1265 for more information. Spoke in support of employing blind individuals.
**PLEASE NOTE: SOME AGENDA BILLS MAY TAKE SEVERAL MINUTES TO BE DISPLAYED.**
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.
Motion by Kulchin - (Hall - not voting on item no. 8 due to conflict.
Motion to approve 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. Moved by , seconded by Council Member Hall.
Vote to approve 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) (Recorded at 00:19:43)
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 #19,192 - OUT OF STATE TRAVEL. Approving out of state travel for one Engineering Department staff member to attend the H2OMAP Water Training Course in Denver, Colorado. Resolution No. 2007-264. ACTION:
AB19,192
Motion to approve 1. AB #19,192 - OUT OF STATE TRAVEL. Approving out of state travel for one Engineering Department staff member to attend the H2OMAP Water Training Course in Denver, Colorado. Resolution No. 2007-264. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 1. AB #19,192 - OUT OF STATE TRAVEL. Approving out of state travel for one Engineering Department staff member to attend the H2OMAP Water Training Course in Denver, Colorado. Resolution No. 2007-264. ACTION: (Approved)
2. AB #19,193 - AWARD OF CONTRACT. Authorizing the ratification and award of contract to TRISTAR Risk Management to provide third party administration of workers' compensation claims. Resolution No. 2007-265. ACTION:
AB19,193
3. AB #19,194 - AWARD OF CONTRACT. Accepting the bid and awarding the contract to Seaside Heating and Air Conditioning to upgrade the HVAC controls at the Safety Center, Contract No. FAC 07-01R, Bid No. PWS08-2FAC. Resolution No. 2007-266. ACTION:
AB19,194
4. AB #19,195 - AWARD OF CONTRACT. Accepting the bid and awarding the contract to Johnson Controls, Inc. to upgrade the HVAC at City Hall, Contract No. FAC 07-02, Bid No. PWS08-05FAC. Resolution No. 2007-267. ACTION:
AB19,195
5. AB #19,196 - FINAL MAP FOR ROOSEVELT GARDEN CONDOMINIUMS. Approving the Final Map for CT, 06-18, Roosevelt Garden Condominiums, and authorizing the map to be recorded. Resolution No. 2007-268. ACTION:
AB19,196
6. AB #19,197 - EASEMENT VACATION. Summarily vacating a portion of a public utility easement across Lot 1 of the Carlsbad Ranch Hotel and Timeshare Resort, STV 07-03, CT 03-02, Map No. 15332. Resolution No. 2007-269. ACTION:
AB19,197
7. AB #19,198 - AWARD OF CONTRACT. Accepting bids and awarding a contract to T&M Electric, Inc., for the construction of the Poinsettia Lane and Black Rail Road Traffic Signal, Project No. 3939-1. Resolution No. 2007-270. ACTION:
AB19,198
8. AB #19,199 - FINAL MAP FOR CRESCENT DEL SOL ESTATES. Approving the Final Map for CT 05-01, Crescent Del Sol Estates and authorizing the map to be recorded. Resolution No. 2007-271. ACTION:
AB19,199
ORDINANCE FOR INTRODUCTION
9. AB #19,200 - CLARIFICATION OF CERTAIN VIOLATIONS AS MISDEMEANORS. To consider amending Chapter 1.08, Section 1.08.010 of the Carlsbad Municipal Code clarifying certain violations as misdemeanors. Introduction of Ordinance No. NS-861. ACTION:
AB19,200
City Attorney Ron Ball titled the Ordinance.
Approved 4/0
Motion to approve 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 and address. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 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 and address. (Approved) (Recorded at 00:22:08)
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 and address.
Mayor Lewis made closed session Announcement.
Jill Agosti, 2730 Edinburgh Drive, came forward to address Council regarding notification of Proposition D Workshops. Ms. Agosti expressed concerns relating to communication regarding citizens and the City's General Plan. Asks for a link on website regarding open space designation in general plan. Concerns regarding broad public participation - for those who cannot attend - offer an on-line survey for public opinion; Workshops to be posted on Special Events Marquees and repitiion of ads.
PUBLIC HEARING:
*This item was continued from the Council Meeting of September 18, 2007.*
10. AB #19,172 - APPEAL OF CITY ENGINEER'S DECISION. To consider an appeal of the City Engineer's decision approving Minor Subdivision MS 07-01 (Thomas Scott).
AB19,172
Acting City Manager Lisa Hildabrand introduced item.
Tecla Levy, John O'Donnell and Chris Sexton presented the staff report and reviewed a PowerPoint presentation. On file in the Office of the City Clerk.
Ms. Levy address appeal issue #2 - Appeal issues has significant surface water impact.
Illustrated Existing Drainage Pattern - Ms. Levy showed an illustration of drainage plan form 1991.
Holleran driveway is 3 feet narrower and 3 inches shallower than driveway was approved.
Explained that the amount of run-off will be the same at both points of the property.
Engineering Issue - Appeal Issue #2 - per staff the amount of storm water run-off before the development is expected to be the same after development, therefore project has no significant impacts.
3rd Appeal Issue - Portions of planter area lower than the driveway, project will cause additional drainage/flooding. Cannot be mitigated. City Response - project proposed not increase in run-off, therefore not addtional drainage/flooding.
Appeal Issue - No Drainage easement was obtained. City response: Mr. Scott's property historically drains onto Holleran's driveway. The project proposed no increase in run-off and velocity, no additional drainage;flooding is anticipated, therefore no drainage easement is required.
Proposed pipe system has the probability of becoming clogged. City Response: Redundant system provided - secondary inlet proposed at the NOrtheast corner of the lot. Detention system will be designed to capture the increase before entering the secondary inlet.
New storm drain system installed on Highland Drive.
Appeal Issue #6 - Holleran believes the application violates a National Pollution Discharge Elimination System Permit. City Response - The project complies with the NPDES Permit and the City o f the CArlsbad Urban Storm Water Mitigation Plan. The temporary stockpile was part of the recent storm drain improvements by the City on Highland.
Chris Sexton to review Planning Issues Now. Appeal Issue #3 - Visual Impact.
Sexton reviewed General Plan Land Use Element Land Use Pattern Implementing Policies and Action Programs C.7.
Lot does not contain any paths or trails.
The project's proposed density is at the growth management control point of 3.2 du per acre.
4th Issue - should not have been classified as catagorically exemption. - Seston reviewed CEQA Guidelines.
Appeal Issue #5 - jjproject does not comply with the City of Carlsbad Subdivison Ordinance. It does per Sexton.
End of Presentation.
Council Member Hall asked if when Holleran asked what setbacks would be ? listen to this. In parcel B , what % of lot would be hardscape? Per Levy, approximately 48%.
Packard - asked question - listen to this - speaking to denise at this point.
Packard - asking about side yards. - nothing set that front yard has to be off of the pan handle.
Lewis - the documentation that you had regarding concerns relating to the Holerans appeal has come forward today? Mr. O'Donnell all informaiton have today is same as what staff has - no new information today? No - per O'Donnell.
Mr. Holleran or representative called forward at this time.
Wes Pelzer came forward on behalf of the appelant. Asking for 20 minutes - permitted per Mayor.
Mr. Pelzer explained that two issues - one is drainage on Scott Property and drainage on Highland.
Mr. Pelzer asking for drainage of entire basin down to Highland Drive - missing is any effort to evaluate cumulative effects.
Not the place or time for battle of experts. City is claiming an exemption relating to CEQA. If there is any significant cumulative impacts must deny exemption per Mr. Pelzer - will illustrate the unusual circumstances.
Asking that drainage issue reviewed.
2nd Issue is Visual Impacts - setback issue; Illustrated a plot plan shows setback of 27 feet from Holleran Property. (permitted to build within 10' of Holleran property line.
Showed pictures of what happens to Holleran Property if Scott is allowed to build a two story home will block sun from Holleran property. Will deny them light and air.
Next exhibit (on foam board) shows scenerio with 27 foot setback.
asking for condition to have 27 feet setback.
Gary Piro now called forward to address engineering drainage issues - 93o - San Marcos (listen for address).
Piro - a concern becuase the sum total of drainage (6 properties in all) - wants an analysis of entire drainage basin.
Illustrated current drainage pattern and consequences of additional drainage as a result of the Scott development.
Disputed Mr. Sukup's calculations - before and after drainage issues. Asking for calculations relating to detention basin.
Issue - 3rd issue - erosion protection - will go into planter - Scott proposes BMP's on property . . . what happens if overflows and goes to James Drive.
Mr. Holleran - 3311 James Drive - lived in Calrsbad for many years. MS has been an impact on home.
Submitting aletter - see if I can get this. Expressed concerns relating to water drainage. Asking that the sub-division be denied until after thourough review of entire basin. Expressed concerns relating to building blocking light from Holleran's property.
Can show that a split level home can be built if Scott willing.
Submitting a couple of neighbor letters and comments form Mr. George Arroyo - asking for a review of the Drainage Issue.
Mr. Holleran showing pictures now.
Showed digital simulation of what house could look like.at 10 feet line and 27 foot line. Dirt pile on Scott Property without BMP's.
Hall - asking Mr. Pelzer - an exhibit with house placed at a certain point? Where did it come from. Per Pelzer from plot plan submitted by Mr. Scott.
Lewis - you showed a given prospective of a tri-level or dual level - plans were done by visual experts (were not Mr. Scott's Plans per Mr. Piro).
Mr. Pelzer - spoke about natural condition regarding flow and need for easement. City of Lafayette vs. something - listen to this.
Mr. Scott called forward now.
5138 Delaney Court, Carlsbad.
Wife is teacher at Kelley Elementary School. Not asking for anything not in the code and not asking for any variances.
Spoke about 27 foot setback - in order to put it through to City Council - had to put something on the plot plan. Offered concessions to Mr. Holleran -offered to lower pads by 3 feet. Offered to increase setback to 15 feet. Offered to plant mature vegetation. Offered to build wall (fence) at 100% Scott Expense. Offered to sell Mr. Holleran 5 feet or entire lot. Offered to build swale on property.
Reference about driveway and wall not built to code. Not Mr. Scott's responsibility.
Agreed to add retention basins per Scott expense. Showed photos of property. and drainage swale.
Showed examples of side yard setbacks of less than 10 feet.
Concerns relating to drainage on Highland Drive. City had pipe built and installed for problem on Highland Drive.
Driveway issue is for Mr. Holleran to address.
Drainage swale was constructed for purpose of parcels to be developed.
Mr. Scott explained that as long as he is not increasing downstream flow it is not his responsibility to study downstream flow. Also stated that he does not have any architectural plan and will not agree to 27 foot setback.
Addressed Mr. Packards question regarding pan handle lots. NOt asking for variances.
In closing, Mr. Scott stated that he understands that some do not like development. Has never agreed to 27 foot setback (will go to a 15 foot setback and reducing pad by 3 foot.
All setbacks allow for light, air and air flow. Asking Council to approve project.
Kulchin - spoke with Mr. Holleran about lowering pad by 3 feet confirmed Kulchin.
Confirmed with Mr. Scott that he would also build a new fence. Scott stated that he submitted to Engineering that 3 basins are shown on the proposed map.
In response to KUlchin, Ms. Levy explained developer paid for brow ditch.
Hall - confirmed with Mr. Scott that he offered to reduce pad by 3 feet and would get it below the wall.
Hall - how would spill basin work if you lowered the pad below brow ditch. O'Donnell - an additional pipe would need to be installed. Scott - would agree to pay.
Staff explained current plan is reduced 3 feet already.
Hall - any hardscape added will have an effect.
Open PH now.
Gentleman came forward to address Council - Steve Baroth, 3307 James Drive - nothing told to him about driveway being wrong. A ditch is great concept; general drainage does not work.
Lewis commented that neighbors will not allow gutters and sidewalks.
Greg Samson, came forward to address Council., 3286 Highland Drive - concerns relating to placement of house . . . one story two store issue. Would like house brought as far to west as possible. Per Lewis - sf of your house = 4498 feet
Asking for house to be as far to the west as deemed possible.
Mary Holleran, 3311 James Drive, came forward to address Council. Spoke about threat from Mr. Scott. Never made an offer to reduce pad.
Spoke about being reasonable.
Janna Scott, 5138 Delaney Court, Carlsbad, came forward address Council. Everything the Scott's are asking for is permitted by the Code. Any house going up would look a lot higher.
Irene Strause, 3192 Highland Drive, came forward to address Council. A different family will be doing the house not the Scott's.
Close Public Hearing
Open up Ph again. - listen to name of gentleman on James Court - asking for Council to look at DRainage problem on James DRive.
Believe that there will be an impact.
Mr. Pelzer returned to rebut the drainage statements by Mr. Scott - asking for studies to be done. In Scott application and drainage calculation does not show drainage basin. A statement also made that CEQA does not require analyse - yes because it increases 100%.
No calculation for retention basin. Detention basins can be annoying to residents.
Want review of proposed detention basin.
Close PH at 8:10 p.m.
Reconvene at 8:22 p.m.
Had to reconvene prior to 8:19 per laptop clock.
City Attorney Ron Ball explained required setbacks (listen to entire comments).
Hall - abuse of discretion?
Ball - explained term abuse of discretion.
Hall - CEQA question or statute referred to? Ball - Explained CEQA "categoricaly exempt". CEQA would require an initial review, however certain classes of in-fill are entitled to exemption.
Hall - for instance drainage in area - would that qualify for non-exemption. This in-fill is not unusual compared to others in the City.
Ball - explained that court case pertains to city liability. Inapplicable to sub-division.
Packard - panhandle lots and determination of setbacks. Per Sexton - can determine setbacks for parcel B - same as Holleran Property. Front yards would be facing north.
Hall - why didn't we make the adjoining lot the backlot giving the extra 10 feet. This is what is proposed to staff.
Kulchin - Heard a lot of things - the way ordinances and codes are set up - did Mr. Scott do everything he was supposed to? O'Donnell - Yes, he did.
Lewis - anything they did not do? No said O'Donnell - their will be final engineering - more details of retention/detention basins.
Lewis - if I have a lot and I have met all the basic requirements of the City - can staff make recommendation of house adjustments - regarding size and style (tri-level). Don Neu came forward to answer the question. Mr. Neu stated that often times they try to compromise to make adjustments to address concerns of neighboring property owners.
Neu - we must set where front, back and sides are.
The home was proposed to mirror the Holleran Property.
REason to establish setbacks - can see parameters of property. There is flexibility through City Engineers's approval.
Neu explained that the Planning Department has not chartered changing standards to make someone change their property. A lot of the problem was created by grade difference.
Elevation difference.
In Carlsbad, there are terraced properties.
Hall - drainage and ponding around home? O'Donnell - explained that listen to this.
Per O'Donnell there could be changes to final design at this stage.
Lewis - how will ponding on James Drive be handled . . not part of appeal per O'Donnell. O'Donnell - that would need to be addressed through Public Works.
Packard - Going to deny the appeal because he accepts staff's evaluation of drainage situation. Approve of staff's CEQA determination. Staff did not abuse discretion.
Hall - thinks there is some middle ground - moving yards and setbacks should not be a problem. Drainage is an issue of real concern. Having difficulty using yards for detention basins - the detention structure should be able to carry mass majority of situation. Will need to design system in final stages. Change backyard setback from 10 to 20 feet. Would approve appeal if these changes do not take place.
Kulchin - support documents denying the appeal. Supporting staff recommendation.
Lewis - if you follow rules and regulations in Carlsbad, support. Suppots staff's recommendation.
Motion by Kulchin - to uphold City Engineer's decision. Second by Packard.
Motion to approve 10. AB #19,172 - APPEAL OF CITY ENGINEER\'S DECISION. To consider an appeal of the City Engineer\'s decision approving Minor Subdivision MS 07-01 (Thomas Scott). Moved by Mayor Pro Tem Kulchin, seconded by Council Member Packard.
Vote to approve 10. AB #19,172 - APPEAL OF CITY ENGINEER'S DECISION. To consider an appeal of the City Engineer's decision approving Minor Subdivision MS 07-01 (Thomas Scott). (Approved) (Recorded at 02:46:46)
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
AGENDA
Special Meeting
October 9, 2007
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Motion by Kulchin - approved 4/0
Minutes of the Joint Special Meeting held September 11, 2007.
Minutes of the Special Meeting held September 18, 2007.
Minutes of the Special Meeting held September 25, 2007.
PUBLIC HEARING:
1. AB #642 - DRINKING WATER QUALITY AND SOURCE WATER QUALITY PUBLIC HEALTH GOALS REPORT. To consider approving the Carlsbad Municipal Water District's Report on Water Quality Relative to Public Health Goals. Resolution No. 1306. ACTION:
AB642
Cari Dale, reviewed the staff report and powerpoint presentation (on file in the office of the city clerk).
Steve Plylar reviewed the rEgulations before Council.
Reviewed Goals
CMWD Water meets all Federal and State Mandates.
Constituents that eceed a PHG (review PowerPoint for details.
Pakcard asked why there is no PHG for radionuclides. Per Plyler - State Level does not require a PHG.
Kulchin - why the term constituent? Plylar - can be component and contaminent.
testing note.
Lewis - do we check out bottle water that is purchased? Cari Dale - that is beyond what the City checks out - FDA would regulate the bottled water.
Lewis - are standards more stringent? Dale - will check.
Packard - who performs tests for CMWD. Plylar - listen to this.
Hall - where do alpha and beta come from? Plylar - they are radionuclides - naturally occurring - granite earth and soil are sources.
Lewis commented by Colorado River and number one sewer.
Open PH at 9:00 a.m. Close PH at 9:00 a.m.
Motion to approve 1. AB #642 - DRINKING WATER QUALITY AND SOURCE WATER QUALITY PUBLIC HEALTH GOALS REPORT. To consider approving the Carlsbad Municipal Water District\'s Report on Water Quality Relative to Public Health Goals. Resolution No. 1306. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 1. AB #642 - DRINKING WATER QUALITY AND SOURCE WATER QUALITY PUBLIC HEALTH GOALS REPORT. To consider approving the Carlsbad Municipal Water District's Report on Water Quality Relative to Public Health Goals. Resolution No. 1306. ACTION: (Approved) (Recorded at 03:02:44)
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
Adjourn to council reports at 9:00 p.m.
Packard mentioned that Carlsbad is hosting League Dinner on Thursday.
Packard - spoke about Michele Butler passed away from leukemia. Funeral Service is Thursday at LDS on Chestnut and Monroe.
Lewis - spoke about Desalination issue.
Meeting adjourned at 9:04 in memory of Michele Butler.
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
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.
Link
Start video at
Social
Embed
<iframe title="Swagit Video Player" width="640" height="360" src="https://carlsbadca.new.swagit.com/videos/126871/embed" frameborder="0" allowfullscreen></iframe>
Disable autoplay on embedded content?
Download
Download
Download Selected Item
