Video index
CALL TO ORDER: 6:00 P.M.
Called to order at 6:00 p.m.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:17:26)
Mayor Lewis announced Special and Closed Session details.
PRESENTATION:
Presentation from Proposition D Citizens' Liaison Committee
Jim Comstock of the Proposition D Citizens Liaison Committee came forward to address Council. Listen for dates and times of upcoming Community Conversations. Plaid a DVD of what they are doing. DVD not playing.
DVD now working.
Kim still working on DVD issue.
Thursday November 15, 2007 The Crossings at Carlsbad, 6:30 to 9:30 and Monday December 3, 2007 , City of Carlsbad Faraday Center, 6:30 to 9:30
DVD gave dates and times and locations of community conversations
Mr. Comstock stated that 144 adults and 10 students signed up for conversations.
Mr. Comstock also showed poster and mentioned that personal invitations had been mailed out.
End of presentation. Question from Lewis - any chance we can get this on TV Channel 19 in December. Hildabrand said we would look into that.
Holder - we will be taping whole meeting and people can watch on computer streaming.
Proclamation Presentation in Recognition of the Winter Music Festival.
Council called down for proclamation presentation to representatives from the La Jolla Music Society and Mainly Mozart. Mayor Lewis announced concert schedule. Nancy Letourneu, Gave Background of Mainly Mozart - series at St. Elizabeth Catholic Church. Will feature Chopin, Bach and one other.
Kristin Socomoto Marketing Director La Jolla Music Society, gave a brief overview of events at Schulman Auditorium.
Dawn Coffin - attorney from ? spoke about the Carlsbad Winter Music Celebration.
Photos taken now.
APPROVAL OF MINUTES:
Motion by Kulchin
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 00:36:32)
Minutes of the Special Meeting held October 16, 2007.
Minutes of the Joint Special Meeting held October 16, 2007. (Council and Water District)
Minutes of the Regular Meeting held October 16, 2007.
Minutes of the Joint Special Meeting held October 16, 2007. (Council and Housing and Redevelopment Commission)
Minutes of the Adjourned Regular Meeting of October 23, 2007.
Minutes of the Special Meeting held October 25, 2007.
Minutes of the Special Meetings held October 29, 2007.
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.
WAIVER OF ORDINANCE TEXT READING
Motion to approve WAIVER OF ORDINANCE TEXT READING Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve WAIVER OF ORDINANCE TEXT READING (Approved) (Recorded at 00:36:44)
1. AB #19,224 - ADVERTISE FOR BIDS. Approving contract documents, plans and specifications, and authorizing the City Clerk to advertise for bids for the Fiscal Year 07/08 Concrete Replacement, Project No. 6013. Resolution No. 2007-292. ACTION:
AB19224
1A. AB#19,228 - SETTLEMENT OF PERSONNEL MATTER. Authorizing the expenditure of funds for settlement of a personnel matter involving Patrick Barreiro. Resolution No. 2007-294. ACTION:
ab19228
ORDINANCES FOR ADOPTION
2. AB #19,225 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-864, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.830 to establish a prima facie 40 mile per hour speed limit on Gateway Road from El Camino Real to El Fuerte Street. ACTION:
AB19225
City Attorney Ron Ball titled the Ordinance.
Motion to approve 2. AB #19,225 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-864, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.830 to establish a prima facie 40 mile per hour speed limit on Gateway Road from El Camino Real to El Fuerte Street. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 2. AB #19,225 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-864, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.830 to establish a prima facie 40 mile per hour speed limit on Gateway Road from El Camino Real to El Fuerte Street. ACTION: (Approved) (Recorded at 00:37:36)
3. AB #19,226 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-865, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the revision of Section 10.44.210 to establish a prima facie 40 mile per hour speed limit on Alicante Road from Poinsettia Lane to Gateway Road. ACTION:
AB19226
City Attorney Ron Ball Titled the Ordinance.
Motion to approve 3. AB #19,226 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-865, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the revision of Section 10.44.210 to establish a prima facie 40 mile per hour speed limit on Alicante Road from Poinsettia Lane to Gateway Road. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 3. AB #19,226 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-865, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the revision of Section 10.44.210 to establish a prima facie 40 mile per hour speed limit on Alicante Road from Poinsettia Lane to Gateway Road. ACTION: (Approved) (Recorded at 00:38:33)
PUBLIC COMMENT:
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy expressed concerns relating to the developer of Carlsbad Medical Buildings. Developer planted 7 foot shrubs along property line. Spoke about bushes planted 6 (7ft bushes) damages property and buildings.
Asking City to ensure that developer takes into consideration for impacts on neighbor.
Have tried to work with Planning Department to resolve.
Kurt Burkhart, Executive Director of Carlsbad Convention and Visitors Bureau. Introduced daughter - Leliani McKayla - November 17th is National Adoption Day. November is National Adopting Month. Born in China - travelled to China to make dream of parenthood soon. Encouraged people to look into adoption.
434-6093 (Kurt's number) Happy to answer any questions regarding regarding adoption.
Kulchin - thanked Mr. Burkhart.
Glen Bernard, thanked people who participated in WWII - VFW Post 7041 - P.o. Box 4501 Carlsbad, CA 92018 fundraising.
Mr. Bernard went to hear Sandra Day O'Connor speak in NY. Gave advise to audience. Stated that judges should not be elected, should be appointed on merit.
Stated that Ms. O'Connor spoke about Kelo case - lady lost property to a developer. Be vigilant in community - spoke about Carlsbad Avenues publications. Suprised to City document saying cul de sacs are cumbersome.
Cumbersome cul de sacs? Why said Bernard.
Lewis - asked that staff confirm that the Medical Building is meeting standards.
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 HEARINGS:
4. AB #19,227 - 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM. To accept comments and consider adopting the 2008-2009 Community Development Block Grant (CDBG)/Home Investment Partnership (HOME) Program Funding Plan, and to approve the CDBG/HOME Program application review process, and authorize the distribution of Request for Proposals. Resolution No. 2007-293. ACTION:
AB19227
Frank Boensch, Senior Management Analyst presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mr. Boensch gave Program Background, funding availability, application review and funding process, recommendations for Council Actions.
No changes are being recommended for distribution of funds.
City will receive new CDBG funds.
Mr. Boensch explained the advisory committee makeup.
End of staff report.
Pakcard - Has NE quadrant appointments.
Open PH at 6:41 p.m. Close at 6:41 p.m.
Motion to approve 4. AB #19,227 - 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM. To accept comments and consider adopting the 2008-2009 Community Development Block Grant (CDBG)/Home Investment Partnership (HOME) Program Funding Plan, and to approve the CDBG/HOME Program application review process, and authorize the distribution of Request for Proposals. Resolution No. 2007-293. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 4. AB #19,227 - 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM. To accept comments and consider adopting the 2008-2009 Community Development Block Grant (CDBG)/Home Investment Partnership (HOME) Program Funding Plan, and to approve the CDBG/HOME Program application review process, and authorize the distribution of Request for Proposals. Resolution No. 2007-293. ACTION: (Approved) (Recorded at 00:58:10)
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT AGENDA
Special Meeting November 13, 2007 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.
WAIVER OF ORDINANCE TEXT READING
1. AB #644 - SECURITY ON HABITAT REVEGETATION, MAINTENANCE AND MONITORING PROGRAM, LAKE CALAVERA IMPROVMENTS, PROJECT NO. 3821. To consider reserving funds from the Water Replacement Fund to serve as security for the wetland habitat creation for Habitat Revegetation and Monitoring Program, Lake Calavera Improvements, Project No. 3821. Resolution No. 1308. ACTION:
AB644
Motion to approve 1. AB #644 - SECURITY ON HABITAT REVEGETATION, MAINTENANCE AND MONITORING PROGRAM, LAKE CALAVERA IMPROVMENTS, PROJECT NO. 3821. To consider reserving funds from the Water Replacement Fund to serve as security for the wetland habitat creation for Habitat Revegetation and Monitoring Program, Lake Calavera Improvements, Project No. 3821. Resolution No. 1308. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 1. AB #644 - SECURITY ON HABITAT REVEGETATION, MAINTENANCE AND MONITORING PROGRAM, LAKE CALAVERA IMPROVMENTS, PROJECT NO. 3821. To consider reserving funds from the Water Replacement Fund to serve as security for the wetland habitat creation for Habitat Revegetation and Monitoring Program, Lake Calavera Improvements, Project No. 3821. Resolution No. 1308. ACTION: (Approved) (Recorded at 00:58:47)
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
At 6:42 p.m.
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORT:
This item was continued from the Council Meeting of November 6, 2007.
6. AB #19,222 - AGRICULTURE CONVERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY COMMITTEE APPOINTMENT. To consider appointing a member to the Agriculture Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee. Resolution No. 2007-291.
AB19222
Continued to Next Week.
5. AB #19,207 - PONTO BEACHFRONT VILLAGE VISION PLAN. To consider certifying a Program Environmental Impact Report, and adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, EIR 05-05; and,
AB19207
Debbie Fountain, Christer Westman to review the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
Debbie reviewing the presentation for Council.
Ms. Foluntain reviewed Ponto Study Area and commented that developable area is 50 acres.
Ms. Fountain also reviewed the current zoning in the area. GAve an aerial view.
Gave a background of Plan.
Vision Plan Goals and Objectives Establish a southern gateway to the City.
Developed character areas in Village Plan.
No development projects specifically approved as part of Vision Plan.
Artist rendering for wetland interpretive park.
GAve an illustrative beachfront resort - would have trails around entire property.
Illustrative townhomes and hotel uses.
Illustrative Live-work neighborhood.
Illustrative Garden Hotel. (Property has formal application on file at this time).
Reviewed vehicular circulation.
Showed cross section of Carlsbad Boulevard
Carlsbad Boulevard Alignments reviewed now. Four Alternatives to be considered. Alternatives 1-3 have differences relating to Beach Area.
Alternatives 2 and 3 would require removal of Cypress Trees.
Gave graphics of alternatives.
Alternative 4 would move north and south bound lanes further to east
Reviewed Parking - Could get 104 parking spaces with re-alignement of Carlsbad Boulevard.
Pedestrian and Bicycle Circulation reviewed,
Streetscape / Gateway and Wayfinding signage.
Community Amenities - Nature and Art Center/ Wetland Park/ Carlsbad Boulevard Underpass Trail/ community resort Trail/ Linear Park / Public Parking.
Have received public feedback - met with Coastal Commission and State Parks - have been included in discussions.
Batiquitos Lagoon Foundation and Surfrider Foundation.
Christer Westman now reviewing applications.
Mr. Westman stated that Council to consider General Plan Amendment (GPA 05-04). (reference PowerPoint for details relating to amendment.
Discussion Item - an item to be discussed by the Planning Commission and City Council.
Environmental Review - Comments received and modifications make to EIR text and mitigation measures.
Analysis and Studies completed - Traffic Analysis; Geotechnical Constraints and Opportunities; Biological Resourece Study.
Mr. Westman reviewed potentially significant impacts and mitigation measures proposed.
Alternatives were identified through the Environmental Review.
Mr. Westman reviewed Planning Commission Amendments for the Vision Plan. Showed existing language and proposed language.
Look at PowerPoint for information.
Alignment Alternative 2 selected by Planning Commission for Carlsbad Boulevard re-alignment.
Additional Staff Recommendations - Add clarification language to introduction of Ponto Vision Plan to state the conceptual nature of the site plans within the Vision Plan. Update cost estimates in T-1 mitigation measure within the EIR for La Costa Avenue Improvements; increased cost estimate from 5.3 to 7.3 million.
testing.
Christer reviewed next steps for Council
End of staff presentation.
Lewis - hotel in process of going forward - where is it in process. Fountain - formal application still under review - developer waiting on Council action before moving forward.
Council member Hall confirmed that Avenida Encinas is a secondary arterial with D.Hauser. No mitigation said Mr. Hauser in response to Hall.
Hall - are we meeting the park standard in sw quadrant. Yes said Westman.
Hall - Planning Commission wanted linear park along bluff . . . . yes said westman. Hall - would we acquire land along bluff. Westman - if Planning Commission recommendation adopted - future developer would have to adhere to Vision Plan.
City Attorney Ball - either by exaction and dedication or aqcuisition and purchase. Hall - who would maintain park? Westman - alternative 6 in EIR required developer to maintain - if City purchases - then we would have to maintain.
Hall - any discussion to acquire land in redevelopment area to create a park along the coast. Fountain - anticipated that public park and public space would be on the west side of Carlsbad Boulevard (picnic areas). Excess property with Carlsbad Boulevard Alignment could create additional land.
Kulchin - no change to zoning or general plan with Vision Plan. Kulchin confirmed that property is privately owned and 50 acres is developable.
Kulchin confirmed that with Alignment 2 - 104 additional parking spaces would be created. Kulchin confirmed that a park was not envisioned for the southern area.
Kulchin expressed concerns relating to term park.
Kulchin - each project will go through CEQA process confirmed Westman.
Packard - how many acres for wetland interpretive park. Ms. Fountain about .8 of an acre.
Packard - confirmed Cypress Trees exist where intersection splits on Carlsbad Boulevard. Will we recommend Cypress Trees be placed in. A list of street trees exist in plan per Fountain.
Lewis - if we require a 75 foot setback - we can require a private property owner to provide setback. Would not be a park - just open space. Staff envisioned a public trail with seating - a public easement.
Lewis - would 75 foot setback require public access. Mr. Ball stated that still private property and belongs to property owner. What can go into setback asked Lewis? Ball - we could ask Planning Director what is aloud in a setback?
Westman stated that zoning document allows streets, parking and landscaping in setbacks.
Nygaard - no buildings she confirmed.
Packard - City standard is 45 foot - why would change and require 75 foot setback.
Westman - Planning Commission recommended setback of 75 feet over concerns relating to development along bluff.
Consultation with CA Dept. Fish and GAme could require larger setback.
Kulchin - if Fish and Game determine a 75 foot setaback is necessary, do they have authority to require a larger setback? Westman - based on this document - should get review and input from Fish and Game.
Ball - Dept. of Fish and Game does not have authority to establish a change in required setback. Council has jurisdiction. Coastal Commission has equal authority.
Nygaard - is there some language that will allow us to be able to go to 75 feet. Ball - if Council interested in changing - recommend generally set at 75 feet and add words including a 10 feet public trail and delete phrase (listen to Ron's recommenations).
Recess at 7:40 p.m.
BAck in Session 7:49 p.m.
Open PH at 7:49 p.m.
Mike Burner, 7017 Liebert Street, Carlsbad in Hanover Beach Colony came forward to address Council. Spoke in support overall however, addressed the noise, traffic and parking issues.
Noise issue is resolved for most part - Hotels main entrance, service entrance and loading dock to be located further south on property. Regarding traffic and parking - people will be looking for parking and traffic will increase to access new services.
People will park on Hanover when parking structures full. Asking for gate at entrance to Hanover Colony. Willing to work with City and developers to have a gate built.
Kulchin - Chief Burner - as a retired police chief how do you feel about a gate? Burner - do restrict emergency response.
Lewis - are roads public or private. Private per Burner.
Lewis confirmed with Burner that gates are warranted for reasons addressed relating to parking and traffic.
Packard - are you speaking on behalf of Colony - no just on behalf of myself.
Greg Thompson, 2955 Linden Terrace came forward to address Council. Vision Plan does not fit Ponto Well. To dense and misses opportunity to do something special with area. Concerns relating to Council not requiring the 75 foot setback.
Mr. Thompson continued to comment - Vision Plan is over dense. Asking that southern parcel be purchased and made into a park.
Lewis - is Vision Plan necessary? Thompson - I think Vision Plan is a good idea.
Dawn Ginder, 1214 Plum Tree, Carlsbad, came forward to address Council. A member of Surfrider Foundation - referenced letter previously submitted to Council (on file in the Office of the City Clerk). Expressed concerns relating to traffic.
Fred Sandquist - 6408 Crossbill Ct., representing Batiquitos Lagoon Foundation, came forward to address Council. Thanked staff for work and spoke in support of Vision Plan. Clarified that setback on bluff being 75 feet is pretty good - along with trail will be a good area for public . Kulchin asked - confirmed recommentation of approval.
Paul Thompson, 5357 Milton Road, Carlsbad, Chair of Chamber of Commerce. Spoke in support of Vision Plan. Encouraged Council to give thought to where possible to increase opportunity of passive park land space. Agreed with Planning Commission's recommendations relating to green buildings.
Lewis - has Chamber estblished definition of Green buildings? Thompson - have opened discussion and ecouraged companies to utilize technoloby.
Diane Nygaard, Nighthawk Way, representing MSHP of Sierra Club, came forward to address Council. 6 areas of concerns - EIR did not properly document that 100 foot buffer has been meant; Look for letter to capture concerns; Need buffer not setback; restrictions within 200 feet of lagoon not 100; EIR - disagree with roadkill determination.; Project will increase public use - no enforcement for trails; Council needs to consider what is best for entire City.
Tony Rufolo, 616 Marlon Way, San Pacifico Development, Carlsbad, came forward to address Council. President of HOA. Expressed concerns relating to increased traffic on Avenida Encinas. Encouraged consideration for mitigation measures on Avenida Encinas. Also expressed concerns relating to increased parking as the result of potential development. Two subdivisions in San Pacifico have to provide public parking for Batiquitos Lagoon Trails. Coastal Commission will not require restricted parking between hours of 11 and 5 as asked by the development.
Hall - confirmed that gentleman referring to proposed pedestrian bridge. Hall - confirmed man asking for traffic signal.
Mike Howes, representing Lonestar Properties, Lonestar is American Company. Lonestar is in support of Vision Plan. No development proposals at this time. Concerns relating to Planning Commission Conditions added.
GAve a handout - get it. Now - Craig Beam, 2865 - listen for address. working with Lonestar also. Unclear what features were directive which were statement. Two issues - (spoke about correspondence - I have this). First issue - park alternative - increased recreational amenities in greenspace - concept in mitigation measure - project be required to dedicate a public park. If there is a 75 foot setback - don't know if it is necessary because a site plan is not available. Inadequate information to detrmine necessary setback. Mitigation measure with public park access. Do not know how much parking will be required. Concerns relating to feasibility of underground parking.
Hall - retail space within hotel - restricted to 1000 feet. Trying to make sure that mixed use and hotel retail did not compete. A zoning restriction is premature at this time.
Lewis - confirmed this is a Vision Plan correct. Fountain - confirmed that very general in nature.
Conceptual in nature.
Rod Bradley, BHA , 5155 Avenida Encinas, spoke in support of Vision Plan. Represent Mr. Shriver who owns tow parcels. Also spoke in support of Alternative 2 regarding sewer plan.
Wayne Brechtel, representing Bob Lipsy, came forward to address Council. (get address). Passed out photograph (on file in the Office of the City Clerk). Expressed concerns relating to proximity to Mr. Lipsy's house in relation to a proposed hotel. Expressed concerns relating to potential impacts on Mr. Lipsy's property. Asking that mitigation measure require that entrance be oriented to south for hotel and driveways be away from residential homes.
Mr. Brechtel, also asking for Vision Plan to be changed.
Luis Saunder, 503 Rutter avenue, Carlsbad, came forward to address Council. Expressed concerns relating to Plan, preserve beaches and lagoons. EIR not adequate - lives in San Pacifico community. Expressed concerns relating to size and scope of Vision Plan. In support of additional green space and underground parking. Asking for more green space in plan and less hotels.
Dale ARdis, resident of San Pacifica, 7325 Seafarer Place, Carlsbad, came forward to address Council. Mr. Ardis expressed concerns relating to increased traffic on Avenida Encinas. Spoke about need for traffic signal.
Bill Hofman, HOfman Planning, 5132 Lionshead avenue, Carlsbad, spoke in support of Vision Plan. Submitted a letter (on file in the Office of the City Clerk). Expressed objection to Alignment 4 of Carlsbad Boulevard.
Any proposed project will have own public hearing - not time to design project.
Sara Huber, 6407 El Pato Court, Carlsbad, came forward to address Counil. Member of Agua Hedionda Lagoon Foundation - spoke in support of Environmental Protective Vision Plan. Issues - 1. Incorporate emphasis for onsite mitigation for biological concerns. 2. Wetland Delineation is not updated. 3. Global Solutions Act passed - recommending that City implement similar language. 4. Support staffs recommendation for green buildings - would like there to be a City Standards or depend on Chambers definition.
Paul Adison, 7238 Ponto Drive, came forward to address Council. Spoke in support of Vision Plan.
Bill Canepa, 829 Wavecrest Resorts, Encinitas owner of wood pile. Mr. Canepa spoke in support of Vision Plan. Spoke in support of giving each project an opportunity to present actual plans.
Close Public Hearing at 8:56 p.m.
Hall - confirmed slope setbacks. Mr. Westman - one setback was referenced from wetlands and several documents must be reviewed when a project is proposed. Explained that any proposed project will need to be in complinace with all governing documents.
Hall - are standards conflicting with conditions being proposed in Vision Plan.
Alex Jewel from RBF Consulting called forward to respond. The 200 foot number was someones desire to have additional setback. The Cityis habitat conservation plan requires the 100 foot setback. When application comes in will be reviwed to ensure compliance with Habitat Conservation Plan. Slope will be open space with signage indicating an environmentally sensitive area. Hall confirmed that do not have to set back from bluffs for preservation. Christer explained that bluff does have coastal sage which requires setback - coastal sage requires 25 feet.
Nygaard - asked about sewer line issue. Mr. Hauser - both alternatives included in EIR. Staff's preference is alternative 1 because will have a one pump station. Long term maintenance will be reduced. Determinations when comes to project level. Fountain - confirmed that alternatives are included in the Vision plan - will be project specific.
Fountain - typically developer pays for required improvements. As part of Vision Plan, staff trying to understand how much required for sewer. Also how funded will be a project discussion.
Packard - does staff have responses to Lonestar later regarding page 5 of November 9th letter.. Fountain - yes, clarification language in memo addresses concerns raised by Lonestar. Have worked with Lonestar on language and have reached agreement. Key issues were conceptual nature of Vision Plan.
Kulchin - Each project will be considered individually.
Lewis - in reference to green buildings - is there a definition of what a green building concept is? Fountain - if Council would like to define green building - can return to Council with appropriate language.
Lewis - would like clarification of different levels of green buildings.
Packard - confirmed that green standards previously discussed. A lot of things already part of City standards.
Lewis - requested worksheet for Council relating to green buildings.
Hall - suggested that Leed standards be included in a City document and not just Vision Plan.
Nygaard - trails along beachfront shall be linked to citywide trails - does not require bridge over railroad. Per Fountain - yes, Planning Commission would like to see trails to link up in some way.
Kulchin - coordination with Department of State and Parks.
Packard - comment or concern about traffic study adequately addressing queing at Ponto and CArlsbad Boulevard? Mr. Hauser stated that there is a leverl of service A at that location. Hanover concerned with traffic coming into their project - was not a concern? Staff confirmed that traffic study addressed issue.
Lewis - also concerns relating to public using private streets. Those areas will be addressed during project proposal phase.
In response to Lewis, this is a Vision Plan confirmed Fountain.
D. Fountain reviewed proposed language changes by Planning Commission - Parking Garages Underground - Listen to Lewis' question I was distracted by public. Nygaard - can we add proposed language to existing language? Packard Motion to keep original language without Planning Commison (4/1 Nygaard no)
Green Buildings - Kulchin in favor of Planning Commission (4/1 who was no?)
Trails Language - Motion by Nygaard - (5/0)
Coordination with State Parks - Motion by Kulchin - (5/0)
All Parks on Public Property go through review process - Packard motion (5/0)
Hotel site shall have ocean view restaurant - Motion by Kulchin should have existing (5/0) reject Planning Commission.
Increased 75 foot setback on bluff edge and passive public park uses proposed by Planning Commission - verbiage on last slide - Nygaard spoke in support of new verbiage developed by Ball - Hall asked what an increased recreational facility is? Westman - would illustrate that some open space alternative in EIR. Fountain explained that it would be additional green space. Motion by Nygaard - Ball recommending that the item referred back to CA for modifications (5/0 vote)
Carlsbad Boulevard Alignment - Planning Commission recommended Alignment 2 - Fountain reviewed recommended street trees for Carlsbad. (5/0).
Fountain confirmed that Council o.k. with revised language? Yes said Lewis.
Nygaard - thanked staff and spoke in support of Vision Plan.
Packard - spoke in support of plan.
Hall - concur with colleagues. Commented on acquisition of open space. Commented might take 10 years to build out.
Kulchin - entrance to city from the south.
Thanked Planning Commission and staff.
Lewis - can support vision concept.
Motion by Kulchin as amended.
Motion to approve 5. AB #19,207 - PONTO BEACHFRONT VILLAGE VISION PLAN. To consider certifying a Program Environmental Impact Report, and adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, EIR 05-05; and, Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 5. AB #19,207 - PONTO BEACHFRONT VILLAGE VISION PLAN. To consider certifying a Program Environmental Impact Report, and adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, EIR 05-05; and, (Approved) (Recorded at 04:03:43)
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
Nygaard made closing statement regarding Sprinter train.
Packard - spoke about desalination plant at Coastal Commission on Thursday.
Karen gave announcements.
Meeting Adjourned at 9:50
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.
Nov 13, 2007 City Council and Carlsbad Municipal Water District Board Meeting
Full agenda
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CALL TO ORDER: 6:00 P.M.
Called to order at 6:00 p.m.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:17:26)
Mayor Lewis announced Special and Closed Session details.
PRESENTATION:
Presentation from Proposition D Citizens' Liaison Committee
Jim Comstock of the Proposition D Citizens Liaison Committee came forward to address Council. Listen for dates and times of upcoming Community Conversations. Plaid a DVD of what they are doing. DVD not playing.
DVD now working.
Kim still working on DVD issue.
Thursday November 15, 2007 The Crossings at Carlsbad, 6:30 to 9:30 and Monday December 3, 2007 , City of Carlsbad Faraday Center, 6:30 to 9:30
DVD gave dates and times and locations of community conversations
Mr. Comstock stated that 144 adults and 10 students signed up for conversations.
Mr. Comstock also showed poster and mentioned that personal invitations had been mailed out.
End of presentation. Question from Lewis - any chance we can get this on TV Channel 19 in December. Hildabrand said we would look into that.
Holder - we will be taping whole meeting and people can watch on computer streaming.
Proclamation Presentation in Recognition of the Winter Music Festival.
Council called down for proclamation presentation to representatives from the La Jolla Music Society and Mainly Mozart. Mayor Lewis announced concert schedule. Nancy Letourneu, Gave Background of Mainly Mozart - series at St. Elizabeth Catholic Church. Will feature Chopin, Bach and one other.
Kristin Socomoto Marketing Director La Jolla Music Society, gave a brief overview of events at Schulman Auditorium.
Dawn Coffin - attorney from ? spoke about the Carlsbad Winter Music Celebration.
Photos taken now.
APPROVAL OF MINUTES:
Motion by Kulchin
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 00:36:32)
Minutes of the Special Meeting held October 16, 2007.
Minutes of the Joint Special Meeting held October 16, 2007. (Council and Water District)
Minutes of the Regular Meeting held October 16, 2007.
Minutes of the Joint Special Meeting held October 16, 2007. (Council and Housing and Redevelopment Commission)
Minutes of the Adjourned Regular Meeting of October 23, 2007.
Minutes of the Special Meeting held October 25, 2007.
Minutes of the Special Meetings held October 29, 2007.
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.
WAIVER OF ORDINANCE TEXT READING
Motion to approve WAIVER OF ORDINANCE TEXT READING Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve WAIVER OF ORDINANCE TEXT READING (Approved) (Recorded at 00:36:44)
1. AB #19,224 - ADVERTISE FOR BIDS. Approving contract documents, plans and specifications, and authorizing the City Clerk to advertise for bids for the Fiscal Year 07/08 Concrete Replacement, Project No. 6013. Resolution No. 2007-292. ACTION:
AB19224
1A. AB#19,228 - SETTLEMENT OF PERSONNEL MATTER. Authorizing the expenditure of funds for settlement of a personnel matter involving Patrick Barreiro. Resolution No. 2007-294. ACTION:
ab19228
ORDINANCES FOR ADOPTION
2. AB #19,225 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-864, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.830 to establish a prima facie 40 mile per hour speed limit on Gateway Road from El Camino Real to El Fuerte Street. ACTION:
AB19225
City Attorney Ron Ball titled the Ordinance.
Motion to approve 2. AB #19,225 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-864, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.830 to establish a prima facie 40 mile per hour speed limit on Gateway Road from El Camino Real to El Fuerte Street. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 2. AB #19,225 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-864, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the addition of Section 10.44.830 to establish a prima facie 40 mile per hour speed limit on Gateway Road from El Camino Real to El Fuerte Street. ACTION: (Approved) (Recorded at 00:37:36)
3. AB #19,226 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-865, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the revision of Section 10.44.210 to establish a prima facie 40 mile per hour speed limit on Alicante Road from Poinsettia Lane to Gateway Road. ACTION:
AB19226
City Attorney Ron Ball Titled the Ordinance.
Motion to approve 3. AB #19,226 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-865, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the revision of Section 10.44.210 to establish a prima facie 40 mile per hour speed limit on Alicante Road from Poinsettia Lane to Gateway Road. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 3. AB #19,226 - ESTABLISH PRIMA FACIE SPEED LIMIT. Adopting Ordinance No. NS-865, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code, by the revision of Section 10.44.210 to establish a prima facie 40 mile per hour speed limit on Alicante Road from Poinsettia Lane to Gateway Road. ACTION: (Approved) (Recorded at 00:38:33)
PUBLIC COMMENT:
Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy expressed concerns relating to the developer of Carlsbad Medical Buildings. Developer planted 7 foot shrubs along property line. Spoke about bushes planted 6 (7ft bushes) damages property and buildings.
Asking City to ensure that developer takes into consideration for impacts on neighbor.
Have tried to work with Planning Department to resolve.
Kurt Burkhart, Executive Director of Carlsbad Convention and Visitors Bureau. Introduced daughter - Leliani McKayla - November 17th is National Adoption Day. November is National Adopting Month. Born in China - travelled to China to make dream of parenthood soon. Encouraged people to look into adoption.
434-6093 (Kurt's number) Happy to answer any questions regarding regarding adoption.
Kulchin - thanked Mr. Burkhart.
Glen Bernard, thanked people who participated in WWII - VFW Post 7041 - P.o. Box 4501 Carlsbad, CA 92018 fundraising.
Mr. Bernard went to hear Sandra Day O'Connor speak in NY. Gave advise to audience. Stated that judges should not be elected, should be appointed on merit.
Stated that Ms. O'Connor spoke about Kelo case - lady lost property to a developer. Be vigilant in community - spoke about Carlsbad Avenues publications. Suprised to City document saying cul de sacs are cumbersome.
Cumbersome cul de sacs? Why said Bernard.
Lewis - asked that staff confirm that the Medical Building is meeting standards.
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 HEARINGS:
4. AB #19,227 - 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM. To accept comments and consider adopting the 2008-2009 Community Development Block Grant (CDBG)/Home Investment Partnership (HOME) Program Funding Plan, and to approve the CDBG/HOME Program application review process, and authorize the distribution of Request for Proposals. Resolution No. 2007-293. ACTION:
AB19227
Frank Boensch, Senior Management Analyst presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk).
Mr. Boensch gave Program Background, funding availability, application review and funding process, recommendations for Council Actions.
No changes are being recommended for distribution of funds.
City will receive new CDBG funds.
Mr. Boensch explained the advisory committee makeup.
End of staff report.
Pakcard - Has NE quadrant appointments.
Open PH at 6:41 p.m. Close at 6:41 p.m.
Motion to approve 4. AB #19,227 - 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM. To accept comments and consider adopting the 2008-2009 Community Development Block Grant (CDBG)/Home Investment Partnership (HOME) Program Funding Plan, and to approve the CDBG/HOME Program application review process, and authorize the distribution of Request for Proposals. Resolution No. 2007-293. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 4. AB #19,227 - 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM. To accept comments and consider adopting the 2008-2009 Community Development Block Grant (CDBG)/Home Investment Partnership (HOME) Program Funding Plan, and to approve the CDBG/HOME Program application review process, and authorize the distribution of Request for Proposals. Resolution No. 2007-293. ACTION: (Approved) (Recorded at 00:58:10)
ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT MEETING
CITY OF CARLSBAD MUNICIPAL WATER DISTRICT AGENDA
Special Meeting November 13, 2007 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.
WAIVER OF ORDINANCE TEXT READING
1. AB #644 - SECURITY ON HABITAT REVEGETATION, MAINTENANCE AND MONITORING PROGRAM, LAKE CALAVERA IMPROVMENTS, PROJECT NO. 3821. To consider reserving funds from the Water Replacement Fund to serve as security for the wetland habitat creation for Habitat Revegetation and Monitoring Program, Lake Calavera Improvements, Project No. 3821. Resolution No. 1308. ACTION:
AB644
Motion to approve 1. AB #644 - SECURITY ON HABITAT REVEGETATION, MAINTENANCE AND MONITORING PROGRAM, LAKE CALAVERA IMPROVMENTS, PROJECT NO. 3821. To consider reserving funds from the Water Replacement Fund to serve as security for the wetland habitat creation for Habitat Revegetation and Monitoring Program, Lake Calavera Improvements, Project No. 3821. Resolution No. 1308. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 1. AB #644 - SECURITY ON HABITAT REVEGETATION, MAINTENANCE AND MONITORING PROGRAM, LAKE CALAVERA IMPROVMENTS, PROJECT NO. 3821. To consider reserving funds from the Water Replacement Fund to serve as security for the wetland habitat creation for Habitat Revegetation and Monitoring Program, Lake Calavera Improvements, Project No. 3821. Resolution No. 1308. ACTION: (Approved) (Recorded at 00:58:47)
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
At 6:42 p.m.
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORT:
This item was continued from the Council Meeting of November 6, 2007.
6. AB #19,222 - AGRICULTURE CONVERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY COMMITTEE APPOINTMENT. To consider appointing a member to the Agriculture Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee. Resolution No. 2007-291.
AB19222
Continued to Next Week.
5. AB #19,207 - PONTO BEACHFRONT VILLAGE VISION PLAN. To consider certifying a Program Environmental Impact Report, and adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, EIR 05-05; and,
AB19207
Debbie Fountain, Christer Westman to review the staff report and PowerPoint Presentation (on file in the Office of the City Clerk).
Debbie reviewing the presentation for Council.
Ms. Foluntain reviewed Ponto Study Area and commented that developable area is 50 acres.
Ms. Fountain also reviewed the current zoning in the area. GAve an aerial view.
Gave a background of Plan.
Vision Plan Goals and Objectives Establish a southern gateway to the City.
Developed character areas in Village Plan.
No development projects specifically approved as part of Vision Plan.
Artist rendering for wetland interpretive park.
GAve an illustrative beachfront resort - would have trails around entire property.
Illustrative townhomes and hotel uses.
Illustrative Live-work neighborhood.
Illustrative Garden Hotel. (Property has formal application on file at this time).
Reviewed vehicular circulation.
Showed cross section of Carlsbad Boulevard
Carlsbad Boulevard Alignments reviewed now. Four Alternatives to be considered. Alternatives 1-3 have differences relating to Beach Area.
Alternatives 2 and 3 would require removal of Cypress Trees.
Gave graphics of alternatives.
Alternative 4 would move north and south bound lanes further to east
Reviewed Parking - Could get 104 parking spaces with re-alignement of Carlsbad Boulevard.
Pedestrian and Bicycle Circulation reviewed,
Streetscape / Gateway and Wayfinding signage.
Community Amenities - Nature and Art Center/ Wetland Park/ Carlsbad Boulevard Underpass Trail/ community resort Trail/ Linear Park / Public Parking.
Have received public feedback - met with Coastal Commission and State Parks - have been included in discussions.
Batiquitos Lagoon Foundation and Surfrider Foundation.
Christer Westman now reviewing applications.
Mr. Westman stated that Council to consider General Plan Amendment (GPA 05-04). (reference PowerPoint for details relating to amendment.
Discussion Item - an item to be discussed by the Planning Commission and City Council.
Environmental Review - Comments received and modifications make to EIR text and mitigation measures.
Analysis and Studies completed - Traffic Analysis; Geotechnical Constraints and Opportunities; Biological Resourece Study.
Mr. Westman reviewed potentially significant impacts and mitigation measures proposed.
Alternatives were identified through the Environmental Review.
Mr. Westman reviewed Planning Commission Amendments for the Vision Plan. Showed existing language and proposed language.
Look at PowerPoint for information.
Alignment Alternative 2 selected by Planning Commission for Carlsbad Boulevard re-alignment.
Additional Staff Recommendations - Add clarification language to introduction of Ponto Vision Plan to state the conceptual nature of the site plans within the Vision Plan. Update cost estimates in T-1 mitigation measure within the EIR for La Costa Avenue Improvements; increased cost estimate from 5.3 to 7.3 million.
testing.
Christer reviewed next steps for Council
End of staff presentation.
Lewis - hotel in process of going forward - where is it in process. Fountain - formal application still under review - developer waiting on Council action before moving forward.
Council member Hall confirmed that Avenida Encinas is a secondary arterial with D.Hauser. No mitigation said Mr. Hauser in response to Hall.
Hall - are we meeting the park standard in sw quadrant. Yes said Westman.
Hall - Planning Commission wanted linear park along bluff . . . . yes said westman. Hall - would we acquire land along bluff. Westman - if Planning Commission recommendation adopted - future developer would have to adhere to Vision Plan.
City Attorney Ball - either by exaction and dedication or aqcuisition and purchase. Hall - who would maintain park? Westman - alternative 6 in EIR required developer to maintain - if City purchases - then we would have to maintain.
Hall - any discussion to acquire land in redevelopment area to create a park along the coast. Fountain - anticipated that public park and public space would be on the west side of Carlsbad Boulevard (picnic areas). Excess property with Carlsbad Boulevard Alignment could create additional land.
Kulchin - no change to zoning or general plan with Vision Plan. Kulchin confirmed that property is privately owned and 50 acres is developable.
Kulchin confirmed that with Alignment 2 - 104 additional parking spaces would be created. Kulchin confirmed that a park was not envisioned for the southern area.
Kulchin expressed concerns relating to term park.
Kulchin - each project will go through CEQA process confirmed Westman.
Packard - how many acres for wetland interpretive park. Ms. Fountain about .8 of an acre.
Packard - confirmed Cypress Trees exist where intersection splits on Carlsbad Boulevard. Will we recommend Cypress Trees be placed in. A list of street trees exist in plan per Fountain.
Lewis - if we require a 75 foot setback - we can require a private property owner to provide setback. Would not be a park - just open space. Staff envisioned a public trail with seating - a public easement.
Lewis - would 75 foot setback require public access. Mr. Ball stated that still private property and belongs to property owner. What can go into setback asked Lewis? Ball - we could ask Planning Director what is aloud in a setback?
Westman stated that zoning document allows streets, parking and landscaping in setbacks.
Nygaard - no buildings she confirmed.
Packard - City standard is 45 foot - why would change and require 75 foot setback.
Westman - Planning Commission recommended setback of 75 feet over concerns relating to development along bluff.
Consultation with CA Dept. Fish and GAme could require larger setback.
Kulchin - if Fish and Game determine a 75 foot setaback is necessary, do they have authority to require a larger setback? Westman - based on this document - should get review and input from Fish and Game.
Ball - Dept. of Fish and Game does not have authority to establish a change in required setback. Council has jurisdiction. Coastal Commission has equal authority.
Nygaard - is there some language that will allow us to be able to go to 75 feet. Ball - if Council interested in changing - recommend generally set at 75 feet and add words including a 10 feet public trail and delete phrase (listen to Ron's recommenations).
Recess at 7:40 p.m.
BAck in Session 7:49 p.m.
Open PH at 7:49 p.m.
Mike Burner, 7017 Liebert Street, Carlsbad in Hanover Beach Colony came forward to address Council. Spoke in support overall however, addressed the noise, traffic and parking issues.
Noise issue is resolved for most part - Hotels main entrance, service entrance and loading dock to be located further south on property. Regarding traffic and parking - people will be looking for parking and traffic will increase to access new services.
People will park on Hanover when parking structures full. Asking for gate at entrance to Hanover Colony. Willing to work with City and developers to have a gate built.
Kulchin - Chief Burner - as a retired police chief how do you feel about a gate? Burner - do restrict emergency response.
Lewis - are roads public or private. Private per Burner.
Lewis confirmed with Burner that gates are warranted for reasons addressed relating to parking and traffic.
Packard - are you speaking on behalf of Colony - no just on behalf of myself.
Greg Thompson, 2955 Linden Terrace came forward to address Council. Vision Plan does not fit Ponto Well. To dense and misses opportunity to do something special with area. Concerns relating to Council not requiring the 75 foot setback.
Mr. Thompson continued to comment - Vision Plan is over dense. Asking that southern parcel be purchased and made into a park.
Lewis - is Vision Plan necessary? Thompson - I think Vision Plan is a good idea.
Dawn Ginder, 1214 Plum Tree, Carlsbad, came forward to address Council. A member of Surfrider Foundation - referenced letter previously submitted to Council (on file in the Office of the City Clerk). Expressed concerns relating to traffic.
Fred Sandquist - 6408 Crossbill Ct., representing Batiquitos Lagoon Foundation, came forward to address Council. Thanked staff for work and spoke in support of Vision Plan. Clarified that setback on bluff being 75 feet is pretty good - along with trail will be a good area for public . Kulchin asked - confirmed recommentation of approval.
Paul Thompson, 5357 Milton Road, Carlsbad, Chair of Chamber of Commerce. Spoke in support of Vision Plan. Encouraged Council to give thought to where possible to increase opportunity of passive park land space. Agreed with Planning Commission's recommendations relating to green buildings.
Lewis - has Chamber estblished definition of Green buildings? Thompson - have opened discussion and ecouraged companies to utilize technoloby.
Diane Nygaard, Nighthawk Way, representing MSHP of Sierra Club, came forward to address Council. 6 areas of concerns - EIR did not properly document that 100 foot buffer has been meant; Look for letter to capture concerns; Need buffer not setback; restrictions within 200 feet of lagoon not 100; EIR - disagree with roadkill determination.; Project will increase public use - no enforcement for trails; Council needs to consider what is best for entire City.
Tony Rufolo, 616 Marlon Way, San Pacifico Development, Carlsbad, came forward to address Council. President of HOA. Expressed concerns relating to increased traffic on Avenida Encinas. Encouraged consideration for mitigation measures on Avenida Encinas. Also expressed concerns relating to increased parking as the result of potential development. Two subdivisions in San Pacifico have to provide public parking for Batiquitos Lagoon Trails. Coastal Commission will not require restricted parking between hours of 11 and 5 as asked by the development.
Hall - confirmed that gentleman referring to proposed pedestrian bridge. Hall - confirmed man asking for traffic signal.
Mike Howes, representing Lonestar Properties, Lonestar is American Company. Lonestar is in support of Vision Plan. No development proposals at this time. Concerns relating to Planning Commission Conditions added.
GAve a handout - get it. Now - Craig Beam, 2865 - listen for address. working with Lonestar also. Unclear what features were directive which were statement. Two issues - (spoke about correspondence - I have this). First issue - park alternative - increased recreational amenities in greenspace - concept in mitigation measure - project be required to dedicate a public park. If there is a 75 foot setback - don't know if it is necessary because a site plan is not available. Inadequate information to detrmine necessary setback. Mitigation measure with public park access. Do not know how much parking will be required. Concerns relating to feasibility of underground parking.
Hall - retail space within hotel - restricted to 1000 feet. Trying to make sure that mixed use and hotel retail did not compete. A zoning restriction is premature at this time.
Lewis - confirmed this is a Vision Plan correct. Fountain - confirmed that very general in nature.
Conceptual in nature.
Rod Bradley, BHA , 5155 Avenida Encinas, spoke in support of Vision Plan. Represent Mr. Shriver who owns tow parcels. Also spoke in support of Alternative 2 regarding sewer plan.
Wayne Brechtel, representing Bob Lipsy, came forward to address Council. (get address). Passed out photograph (on file in the Office of the City Clerk). Expressed concerns relating to proximity to Mr. Lipsy's house in relation to a proposed hotel. Expressed concerns relating to potential impacts on Mr. Lipsy's property. Asking that mitigation measure require that entrance be oriented to south for hotel and driveways be away from residential homes.
Mr. Brechtel, also asking for Vision Plan to be changed.
Luis Saunder, 503 Rutter avenue, Carlsbad, came forward to address Council. Expressed concerns relating to Plan, preserve beaches and lagoons. EIR not adequate - lives in San Pacifico community. Expressed concerns relating to size and scope of Vision Plan. In support of additional green space and underground parking. Asking for more green space in plan and less hotels.
Dale ARdis, resident of San Pacifica, 7325 Seafarer Place, Carlsbad, came forward to address Council. Mr. Ardis expressed concerns relating to increased traffic on Avenida Encinas. Spoke about need for traffic signal.
Bill Hofman, HOfman Planning, 5132 Lionshead avenue, Carlsbad, spoke in support of Vision Plan. Submitted a letter (on file in the Office of the City Clerk). Expressed objection to Alignment 4 of Carlsbad Boulevard.
Any proposed project will have own public hearing - not time to design project.
Sara Huber, 6407 El Pato Court, Carlsbad, came forward to address Counil. Member of Agua Hedionda Lagoon Foundation - spoke in support of Environmental Protective Vision Plan. Issues - 1. Incorporate emphasis for onsite mitigation for biological concerns. 2. Wetland Delineation is not updated. 3. Global Solutions Act passed - recommending that City implement similar language. 4. Support staffs recommendation for green buildings - would like there to be a City Standards or depend on Chambers definition.
Paul Adison, 7238 Ponto Drive, came forward to address Council. Spoke in support of Vision Plan.
Bill Canepa, 829 Wavecrest Resorts, Encinitas owner of wood pile. Mr. Canepa spoke in support of Vision Plan. Spoke in support of giving each project an opportunity to present actual plans.
Close Public Hearing at 8:56 p.m.
Hall - confirmed slope setbacks. Mr. Westman - one setback was referenced from wetlands and several documents must be reviewed when a project is proposed. Explained that any proposed project will need to be in complinace with all governing documents.
Hall - are standards conflicting with conditions being proposed in Vision Plan.
Alex Jewel from RBF Consulting called forward to respond. The 200 foot number was someones desire to have additional setback. The Cityis habitat conservation plan requires the 100 foot setback. When application comes in will be reviwed to ensure compliance with Habitat Conservation Plan. Slope will be open space with signage indicating an environmentally sensitive area. Hall confirmed that do not have to set back from bluffs for preservation. Christer explained that bluff does have coastal sage which requires setback - coastal sage requires 25 feet.
Nygaard - asked about sewer line issue. Mr. Hauser - both alternatives included in EIR. Staff's preference is alternative 1 because will have a one pump station. Long term maintenance will be reduced. Determinations when comes to project level. Fountain - confirmed that alternatives are included in the Vision plan - will be project specific.
Fountain - typically developer pays for required improvements. As part of Vision Plan, staff trying to understand how much required for sewer. Also how funded will be a project discussion.
Packard - does staff have responses to Lonestar later regarding page 5 of November 9th letter.. Fountain - yes, clarification language in memo addresses concerns raised by Lonestar. Have worked with Lonestar on language and have reached agreement. Key issues were conceptual nature of Vision Plan.
Kulchin - Each project will be considered individually.
Lewis - in reference to green buildings - is there a definition of what a green building concept is? Fountain - if Council would like to define green building - can return to Council with appropriate language.
Lewis - would like clarification of different levels of green buildings.
Packard - confirmed that green standards previously discussed. A lot of things already part of City standards.
Lewis - requested worksheet for Council relating to green buildings.
Hall - suggested that Leed standards be included in a City document and not just Vision Plan.
Nygaard - trails along beachfront shall be linked to citywide trails - does not require bridge over railroad. Per Fountain - yes, Planning Commission would like to see trails to link up in some way.
Kulchin - coordination with Department of State and Parks.
Packard - comment or concern about traffic study adequately addressing queing at Ponto and CArlsbad Boulevard? Mr. Hauser stated that there is a leverl of service A at that location. Hanover concerned with traffic coming into their project - was not a concern? Staff confirmed that traffic study addressed issue.
Lewis - also concerns relating to public using private streets. Those areas will be addressed during project proposal phase.
In response to Lewis, this is a Vision Plan confirmed Fountain.
D. Fountain reviewed proposed language changes by Planning Commission - Parking Garages Underground - Listen to Lewis' question I was distracted by public. Nygaard - can we add proposed language to existing language? Packard Motion to keep original language without Planning Commison (4/1 Nygaard no)
Green Buildings - Kulchin in favor of Planning Commission (4/1 who was no?)
Trails Language - Motion by Nygaard - (5/0)
Coordination with State Parks - Motion by Kulchin - (5/0)
All Parks on Public Property go through review process - Packard motion (5/0)
Hotel site shall have ocean view restaurant - Motion by Kulchin should have existing (5/0) reject Planning Commission.
Increased 75 foot setback on bluff edge and passive public park uses proposed by Planning Commission - verbiage on last slide - Nygaard spoke in support of new verbiage developed by Ball - Hall asked what an increased recreational facility is? Westman - would illustrate that some open space alternative in EIR. Fountain explained that it would be additional green space. Motion by Nygaard - Ball recommending that the item referred back to CA for modifications (5/0 vote)
Carlsbad Boulevard Alignment - Planning Commission recommended Alignment 2 - Fountain reviewed recommended street trees for Carlsbad. (5/0).
Fountain confirmed that Council o.k. with revised language? Yes said Lewis.
Nygaard - thanked staff and spoke in support of Vision Plan.
Packard - spoke in support of plan.
Hall - concur with colleagues. Commented on acquisition of open space. Commented might take 10 years to build out.
Kulchin - entrance to city from the south.
Thanked Planning Commission and staff.
Lewis - can support vision concept.
Motion by Kulchin as amended.
Motion to approve 5. AB #19,207 - PONTO BEACHFRONT VILLAGE VISION PLAN. To consider certifying a Program Environmental Impact Report, and adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, EIR 05-05; and, Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 5. AB #19,207 - PONTO BEACHFRONT VILLAGE VISION PLAN. To consider certifying a Program Environmental Impact Report, and adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, EIR 05-05; and, (Approved) (Recorded at 04:03:43)
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
Nygaard made closing statement regarding Sprinter train.
Packard - spoke about desalination plant at Coastal Commission on Thursday.
Karen gave announcements.
Meeting Adjourned at 9:50
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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