Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:05:39)
Mayor Lewis made an announcement regarding the citizen of the year award.
Council Member Hall announced that Jeanne McFadden was selected as one of the recipients as citizen of the year.
Mayor Pro Tem Kulchin announced that Carlton and Sandy Lund were also recipients of the citizen of the year award.
Mayor Lewis also announced closed session regarding low cost housing and directed the city attorney as staff on the matter.
LEGISLATIVE INVOCATION:
PLEDGE OF ALLEGIANCE:
PRESENTATIONS:
Mayor Lewis presented a proclamation recognizing Constitutional Week, September 17 through 23, 2008.
On behalf of the4 Santa Marguerita Chapter of the Daughters of America thanked the Council for the proclamation. She encouraged all to ring their bells at 2:00 p.m. in honor of the 230 anniversary of the constitution.
Mayor Lewis presented a proclamation recognizing the service of Jerry Tarman on the Library Board of Trustees .
Mr. Tarman thanked Council for the recognition and its support of the Carlsbad Library system.
Proclamation Presentation in Recognition of Constitution Week, September 17-23, 2008.
Proclamation Presentation to Jerry Tarman in Recognition of Service on Library Board of Trustees.
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.
Items No. 2, 3 and 4 pulled.
Item No.1 only
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 Mayor Pro Tem Kulchin, seconded by Council Member Hall.
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 #19,569 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Senior Citizen's Association to support the Carlsbad Senior Center, and authorizing the appropriation of funds to the Senior Program Donations account. Resolution No. 2008-255. ACTION:
AB #19,569
2. AB #19,570 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 5 to the agreement with Bureau Veritas North America, Inc., for El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2008-256. ACTION:
Michele Levy came forward to address Council. Ms. Levy expressed her concern regarding the widening of El Camino Real taking prescedence over t the safety of Carlsbad residents.
AB #19,570
3. AB #19,571 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Mark Sauer Construction, Inc., for the Leo Carrillo Ranch Barn Stabilization and approving an additional appropriation of funds for construction of the project, Project No. 39611. Resolution No. 2008-257. ACTION:
Michele Levy came forward to address Council. Ms. Levy explained her concerns regarding the lack of a fire master plan.
AB #19,571
4. AB #19,572 - NOTICE OF COMPLETION. Accepting the construction of the Traffic Signal UPS and Battery Backup Project as complete and directing the City Clerk to record a Notice of Completion, Contract No. PWGS316R. Resolution No. 2008-258. ACTION:
Michele Levy came forward to address Council. Ms. Levy stated the Fire Master Plan should be more important to Carlsbad than updating traffic signals.
City Manager Lisa Hildabrand, stated that the standards of measure study for the fire master plan is in her office for review.
Fire Chief Kevin Crawford stated a comprehensive review is being requested by the fire department that takes into account demographics and what the fire department needs to do to keep pace with the growth of the city.
Chief Crawford stated that the study, conducted by an outside consultant, could take between six to nine months to complete.
Motion by ak to approve 2, 3, 4
AB #19,572
ORDINANCE FOR INTRODUCTION:
5. AB #19,574 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. Introduction of Ordinance No. CS-007. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 5. AB #19,574 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. Introduction of Ordinance No. CS-007. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 5. AB #19,574 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. Introduction of Ordinance No. CS-007. ACTION: (Approved) (Recorded at 00:28:10)
AB #19,574
6. AB #19,575 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON EAGLE DRIVE. Adopting Ordinance No. CS-006, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of section 10.44.840 to establish a prima facie 35 mile per hour speed limit on Eagle Drive from Palomar Airport Road to its intersection with Lionshead Avenue. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to 6. AB #19,575 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON EAGLE DRIVE. Adopting Ordinance No. CS-006, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of section 10.44.840 to establish a prima facie 35 mile per hour speed limit on Eagle Drive from Palomar Airport Road to its intersection with Lionshead Avenue. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to 6. AB #19,575 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON EAGLE DRIVE. Adopting Ordinance No. CS-006, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of section 10.44.840 to establish a prima facie 35 mile per hour speed limit on Eagle Drive from Palomar Airport Road to its intersection with Lionshead Avenue. ACTION: (Approved) (Recorded at 00:29:00)
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.
Michele Levy of Carlsbad came forward to address Council. Ms. Levy stated her concerns regarding the costs of various projects and the lack of a Fire Master Plan.
Michael Babowal, representing the Chamber of Commerce came forward to address Council. Mr. Babowal stated that an administrative law judge has proposed that this area keep the same area code with an overlay, and a final decision will be made ion on October 16, 2008.. He thanked the Council for its support.
Steve Eidel of Carlsbad came forward to address Council. Mr. Eidel spoke about his concerns regarding the Charter City and the proposed non-prevailing wage issue.
AB #19,575
PUBLIC HEARING: This item was continued from the City Council Meeting held on July 22, 2008.
7. AB #19,525 - APPEAL OF PLANNING COMMISSION DENIAL OF THE CARLSBAD BOAT CLUB AND RESORT PROJECT. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 06-16 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive; and, To consider denying the appeal and upholding the Planning Commission’s decision of denial of Tentative Tract Map CT 06-16 and Special Use Permit SUP 07-05 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive. Resolution Nos. 2008-216 and 2008-217. ACTION:
Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Lewis asked recalled that in 1991 stated that a 3 unit project zone variance was requested, approved but not built.
Van Lynch - 3 parcels zoned on the north side of adams that zone as R-T.
ML - underground parking on the lagoon side how many?
VL - 30 spaces interior parking garage, 2-3 extra spaces.
Mayor lewis asked about public parking. Does this project have public parking available to it?
VL - No.
CM Hall asked which plan took precedence the zoning plan or the general plan.
VL replied that the zoning plan implements the general plan.
Bob Ladwig, Ladwig Design Group came forward to address Council. Mr. Ladwig introduced Jim Courtney and Mike Pfankuch, owners of the property.
Mike Pfankuch came forward to address Council. Mr. Pfankuch gave a history of the purchase of the property and what the project consisted of.
MP stated the resort will have professional management of the project. Because of limited parking guests or others are not permited to bring their own watercraft to the resort. The resort will loan watercraft to the guests.
Mr. Pfankuch showed slides that indicated the "Stewart" house and the proposed boat house are the same elevation from the west side. He also provided slides that illustrate the size is compatability of adjacent structures.
Mr. Pfankuch read excerpts from Council Resolution No. 91-324.
Mr. Pfankuch also read excerpts from the Coastal Act Policy 30222. He also read from the Agua Hedionda Land Use Plan.
Mr. Pfankuch stated that they have demonstrated that the project is in compliance, and will have a positive impact on traffic.
Mr. Pfankuch asked the Council to uphold the general plan at present. Asked fo develop the property because the project is consistent with the General Plan, LCP and zoning ordinances.
Council Member Packard asked about the Coastal Commission's objection to the project.
Mr. Pfankuch stated the Coastal Commission stated they would prefer to see a hotel/motel on the site. (Get AB # referenced).
Mayor Lewis stated that the Chairman of the Coastal Commission stated he was negative on this project because it is a time-share and locals and the public are excluded.
Mike Pfankuch stated that if parking is required, the planning Commission gave the developers full use of the east side (bottom 60 feet) to be used for parking (in the PC notes from 1991).
Council Member Hall requested clarification that the developers talk to people higher up on the Coastal Commission.
Jim Courtney addressed Council stated that even if a hotel was put on this site, there was still no parking available for the public. The parking would be for hotel guests only.
Mayor Lewis stated that the Coastal Commission objection was that the public boat launch will be affected by this project.
Mayor Lewis suggested that the developers get input from coastal staff.
Mr. Courtney stated that the Coastal Commission staff stated nothing was mentioned previously regarding density and parking until a recent meeting with Van Lynch.
Council Member Hall stated that any type of project that would require approval of the Coastal Commission that is applied under the Coastal Act. Council would have to apply its local policies under the Municipal Code. (Discussion between Ball and Hall)
Bob Ladwig stated that there are now concerns regarding density and nothing has changed on this project since 1991 when zoning in the area has changed. The developers are not asking for any variances or reductions. Project is allowed by current codes with the exception of the time share which is understood that is needs a Conditional Use Permit. Ask that the project be sent back to staff from preparation of conditions of approval and so forth.
Mayor Lewis asked how may houses could be built on this property.
Mr. Ladwig replied that two units could be built on this property.
Bob Ladwig replied that the impacts were not as address in the staff report.
Mayor Lewis opened the4 duly notced public hearing (7:14 pm)
Alan Wanamaker - stated this was a chnce for the Council to right unattended consequences. In support of the project.
Catalina Faffy - Spoke against the project. Based upon the Coastal Act initiative and petition for the recall of Carlsbad Council Members. Petition of recall of any council member who votes in support of this project. concerned about boating accidents and skateboards. will hurt the citizens in the end.
Scott Carmichael - member of the Carlsbad Boat Club. Stated it was difficult to launch boat from Snug Harbor. Joined the boat club because it was smaller and more accessible. Thinks neighbors should welcome this type of development - have a timeshare instead of people coming or going.
Council Member Packard clarified that the launch would be private instead of public.
Lowell Grimella - new draft of the agua hedionda lagoon draft does not address multi ?? on the lagoon. Spoke about small footprints around the lagoon. Stated he has kept the Council and city informed on the various issues surrounding the lagoon (broken pipes, retaining wall) that are need of repair. States the water on the lagoon is stressed. Spoke about boating safety requirements. Is not in support of this project.
Sara Huber - spoke against the project. Spoke about concerns regarding fencing, safety of the lagoon, and doesn't feel this is not responsible development. Spoke about the MPLA that is being dicussed by the department of fish and game, there may be a possibility of no boating in the future of the lagoon.
Ed Scarpelli - spoke in support of the project. Recognized what outstanding citizens Mike and Jim are and would not be brining any detrimental project forth to the City. Compatability issue has been discussed and addressed. Asking for no special favors with the CUP. Issue of the view impact has been addressed. To the east the building is a smaller impact that the existing building.
Mr. Scarpelli refered to Alan Greenspans definition of property of theft in a recent book regarding downsizing. Read a few quotes from the book.
Susan Toft - spoke in favor of the project. Feels it is a good project for the community. Sees project as functional and compatible.
Ross Campbell, (from ???)representing Thomas and Nicole Dean spoke against the project. Anything representing approval would be challenged in the courts. Council should take into account the context and size of the project itself. Planning Commission provided direct feedback to the developers to how the project could become compatible. The slides are misleading - do not project how the project develops out over the lagoon. Sending the project back to staff (threatened regarding Ceqa - get this).
Dee Calbat - resident of Bristol Cove. Stated that many of the people that spoke tonight do not live on the lagoon. Spoke against the project.
Adjournment 9:02
David Sapola spoke against the project.Objects to the suggestions from others that the neighbors who live in the area should support the project. Referring to the 1991 compatbility did not address a time-share unit. Alot has changed since 1991 - numerous single family homes have been built since then. Objects to confiscating property reference from the Alan Greenspan book. The shillouette drawings do not depict the actual building. The traffic reduction mentioned at the beginning of the hearing - the restaurant has not been in operation for several year. Staff did a thorough fair review and recommended denying it. PC gave the developers a list of items to make the project compatible and the developers did not choose to do so.
Hollis Phillips spoke against the project. Disappointed that the developers have been unresponsive to the neighborhood, has ignored the compatibility requirements of ghe General plan. PC recommended signification reduction of the number of units. PC recommended the build size be reduced, the PC that the flat room party deck be replaced with the ptich roof design, PC recommended the developer work with the neighbors to deal with compatibility issues - all were not done. Suggested that the developers build two units and make their profit in that manner.
Jim Stickland representing the Bristol Cove Property Owners Board spoke against the project.
Mayor Lewis closed the duly noticed public hearing at 7:56.
Mayor Lewis reconvened the meeting at 8:02 PM
Council Member Nygaard asked that all of the general plan and GMP requirements have been met. Talk about the CUP compliance.
Van Lynch witin the finidng of the CUP four findings that need to be made, proposed use is compatible with the general plan, noise, safety environmental, detrimental to surrounding area, the project is detrimental to the neighborhood.
City ATtorney Ron Ball the general plan requires this to be a conditional use, the property rights are the use permitted by rights, small family and day care, the property owner does not get the rights and even those can change in time.
Council Member Nygaard addressed that the Council would be downzoning the property.
Mr. Ball replied that it is not a zoning hearing tonight. This does not happen as a direct result of the decision of tonight's findings. There are no conditions proposed for the project because it is recommended for denial.
Council Member Packard - visual presentation made re external dimensions - does staff concur or dispute. NOt asking about the total square footage.
Van Lynch - staff does concur.
MP - footprint on the lots coverage is it comparable
Van Lynch stated that the building sq. ft and the adjacent house is 4,000 sq ft
MP - In the PC Hearing in a TR Zone up to
MP beach access is there an existing easement
Van Lnch - No
MP - requiring neighboring properities to have beach access
Van Lynch - no, just a lateral access.
MP - why would this property selected be required to provide vertical beach access.
Van Lynch - zoning of this property is unique.
MP no CEQA done for this project, is there a way that this could be overturned without CEQA review
Mr. Ball stated Council would have to remand the project back to staff to return to the Planning Commission and back to Council for approval.
MP - if COuncil has concerns about some of the findings that the PC had, what is the proper avenue to address those issues?
Mr. Ball - tonight is the night.
MP - has concerns that are on PC Resolution 6648, finding #1, concern about comments made about the project generating boat noise, the project is in zone 2 which is a power boating area, how does this fining apply under this circumstance. Finding #3 on Resoultion 6349, is in contrast with finding #2 states the site is suitable. Asked about easements for beach access - finding #4, does not understand what the finding is referring to when there are not easements. Asks that Council consider making some modifications to these particular findings so that if and when the property owners present something for review it is not inaccurate.
Council Member Hall - could send this project back to PC with further review with stipulations or if denied, developers return with a different project. What he has heard from the developers is that he does not want to build one or two homes on his property - he wants to build something different. KNowing that everything is going to have to have a CUP
Ron Ball - stated that tonight Council either grants some relief or deny the project without predjuice and the applicant can return the next day with a different project. Council should not presuppose what the Coastal Commission is going to review this project.
Mayor Lewis mentioned about the noise on the lagoon, there is a tremendous amount of noise with stacks. Mayor is assuming that this can be corrected with underwater muffling. Mayor stated he has a problem with (referred to 1991) the neighbors and developers should work out the number of units. Suggested to the developers that they contact the correct people at the Coastal Commission.
Council Member Nygaard the biggest issue is the CUP issue and compatibility issue. Comparing the square footage is a huge difference. Agree with Planning Commission - no stipulations.
Council Member Packard - the PC was not recommended that the property be developed as a single family home, its objection was more on a matter of scale. The Commission would possibly approve 19 or 20 units. Staff concurs that the building can compare to the building next door in size. Compatibility - the issue is not the granting of change of a zone from R-1 to a more intense use, the applicants need to get some sense of what can be approved here. There are some other considerations to support the denial because there are not findings to grant the approval of the project.
Council Member Hall stated when he thinks of compatibility, he thinks of the neighborhood and the lagoon. The proposal before us does not go far enough into the boating component. The applicant needs to listen to the Planning Commission which gave the project a thorough review.
Mayor Pro Tem Kulchin going to agree with PC decision. Thinks 25 units is too intense in size.
Mayor Lewis stated he agreed with the basic concept of having the public using that area. A unique piece of property that should be developed properly. There has to be some type of public access. Mayor Lewis asked about the EIR and CEQA. Would Council have to direct how the CEQA would be established.
Mr. Ball stated that the Planning Director and his staff would develop what would be required for environmental review and what elements would have to be established under CEQA review.
Mayor Lewis would like the project to be returned to the Planning Commission and would like the property owners to work with staff and neighbors.
Ron Ball stated if the appeal is denied then it automatically goes to the staff to come forward again.
Council Member Packard asked about findings.
COuncil concurred to have the City Attorney to redraft the resolution and address the findings issue .
Council Member Nygaard asked for clarification on the findings.
Mr. Packard reviewed the findings again (list), Noise is not applicable because of the existing boat launch. Finding #3 requires clarification because it is in conflict with finding #2 in Resol _______ regarding size with neighboring properties. Finding #4 had to do with easements when there are no easements.
Ron Ball suggested that staff provide some testimony on the findings.
Van Lynch - finding #1 - existing boat ramp may have the potential to have more activity than the existing use of a private boat launch club which would be required during a CEQA review.
Finding #2 - it is the intensity of the project not the width of the project at the type and density proposed.
City Attorney Ron Ball asked for clarification
Van Lynch replied that the project does meet the size of the property. Staff states it does not meet the type and density of the proposed project.
JN - the CUP is creating the need for the project to be compatible. It supercedes the need of everything else.
Motion to approve 7. AB #19,525 - APPEAL OF PLANNING COMMISSION DENIAL OF THE CARLSBAD BOAT CLUB AND RESORT PROJECT. To consider denying the appeal and upholding the Planning Commission\'s recommendation of denial of Conditional Use Permit 06-16 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive; and, To consider denying the appeal and upholding the Planning Commission’s decision of denial of Tentative Tract Map CT 06-16 and Special Use Permit SUP 07-05 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive. Resolution Nos. 2008-216 and 2008-217. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 7. AB #19,525 - APPEAL OF PLANNING COMMISSION DENIAL OF THE CARLSBAD BOAT CLUB AND RESORT PROJECT. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 06-16 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive; and, To consider denying the appeal and upholding the Planning Commission’s decision of denial of Tentative Tract Map CT 06-16 and Special Use Permit SUP 07-05 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive. Resolution Nos. 2008-216 and 2008-217. ACTION: (Approved) (Recorded at 02:51:43)
On motion by Mayor AK, denying the project with predjuice.
Break - 8:51 PM
Reconvene 8:52
AB #19,525
Meeting Paused
Meeting Resumed
Meeting Paused
Meeting Resumed
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL, CARLSBAD MUNICIPAL WATER DISTRICT, HOUSING AND REDEVELOPMENT COMMISSION AND PUBLIC FINANCING AUTHORITY
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
AND
HOUSING AND REDEVELOPMENT COMMISSION
AND
PUBLIC FINANCING AUTHORITY
AGENDA
Joint Special Meeting
September 16, 2008
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: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
8. AB #19,576 - AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE. Approving an amendment to the Local Conflict of Interest Code for each legal entity to reflect changes in circumstances in designated positions and their disclosure categories. Council Resolution No. 2008-259. CMWD Resolution No. 1336. Commission Resolution No. 458. PFA Resolution No. 47. ACTION:
Motion to approve 8. AB #19,576 - AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE. Approving an amendment to the Local Conflict of Interest Code for each legal entity to reflect changes in circumstances in designated positions and their disclosure categories. Council Resolution No. 2008-259. CMWD Resolution No. 1336. Commission Resolution No. 458. PFA Resolution No. 47. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 8. AB #19,576 - AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE. Approving an amendment to the Local Conflict of Interest Code for each legal entity to reflect changes in circumstances in designated positions and their disclosure categories. Council Resolution No. 2008-259. CMWD Resolution No. 1336. Commission Resolution No. 458. PFA Resolution No. 47. ACTION: (Approved) (Recorded at 02:52:39)
AB #19,576
ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
AGENDA
Joint Special Meeting
September 16, 2008
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: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
9. AB #19,577 - APPROVE AGREEMENT FOR RECYCLED WATER RETROFIT PROGRAM. Approving an agreement with the San Diego County Water Authority for the Recycled Water Retrofit Program. Council Resolution No. 2008-260. CMWD Resolution No. 1337. ACTION:
Motion to approve 9. AB #19,577 - APPROVE AGREEMENT FOR RECYCLED WATER RETROFIT PROGRAM. Approving an agreement with the San Diego County Water Authority for the Recycled Water Retrofit Program. Council Resolution No. 2008-260. CMWD Resolution No. 1337. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 9. AB #19,577 - APPROVE AGREEMENT FOR RECYCLED WATER RETROFIT PROGRAM. Approving an agreement with the San Diego County Water Authority for the Recycled Water Retrofit Program. Council Resolution No. 2008-260. CMWD Resolution No. 1337. ACTION: (Approved) (Recorded at 02:53:01)
AB #19,577
ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. AB #19,578 - SENIOR COMMISSION APPOINTMENT. To consider appointing one member to the Senior Commission. Resolution No. 2008-261. ACTION:
Motion to approve 10. AB #19,578 - SENIOR COMMISSION APPOINTMENT. To consider appointing one member to the Senior Commission. Resolution No. 2008-261. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to approve 10. AB #19,578 - SENIOR COMMISSION APPOINTMENT. To consider appointing one member to the Senior Commission. Resolution No. 2008-261. ACTION: (Approved) (Recorded at 02:53:34)
AB #19,578
11. AB #19,579 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2008-262 and 2008-263. ACTION:
Mayor Lewis only appoint Marie Bradley.
Motion to approve 11. AB #19,579 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2008-262 and 2008-263. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to approve 11. AB #19,579 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2008-262 and 2008-263. ACTION: (Approved) (Recorded at 02:54:17)
AB #19,579
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.
Sep 16, 2008 City Council Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:05:39)
Mayor Lewis made an announcement regarding the citizen of the year award.
Council Member Hall announced that Jeanne McFadden was selected as one of the recipients as citizen of the year.
Mayor Pro Tem Kulchin announced that Carlton and Sandy Lund were also recipients of the citizen of the year award.
Mayor Lewis also announced closed session regarding low cost housing and directed the city attorney as staff on the matter.
LEGISLATIVE INVOCATION:
PLEDGE OF ALLEGIANCE:
PRESENTATIONS:
Mayor Lewis presented a proclamation recognizing Constitutional Week, September 17 through 23, 2008.
On behalf of the4 Santa Marguerita Chapter of the Daughters of America thanked the Council for the proclamation. She encouraged all to ring their bells at 2:00 p.m. in honor of the 230 anniversary of the constitution.
Mayor Lewis presented a proclamation recognizing the service of Jerry Tarman on the Library Board of Trustees .
Mr. Tarman thanked Council for the recognition and its support of the Carlsbad Library system.
Proclamation Presentation in Recognition of Constitution Week, September 17-23, 2008.
Proclamation Presentation to Jerry Tarman in Recognition of Service on Library Board of Trustees.
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.
Items No. 2, 3 and 4 pulled.
Item No.1 only
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 Mayor Pro Tem Kulchin, seconded by Council Member Hall.
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 #19,569 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Senior Citizen's Association to support the Carlsbad Senior Center, and authorizing the appropriation of funds to the Senior Program Donations account. Resolution No. 2008-255. ACTION:
AB #19,569
2. AB #19,570 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 5 to the agreement with Bureau Veritas North America, Inc., for El Camino Real Widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. Resolution No. 2008-256. ACTION:
Michele Levy came forward to address Council. Ms. Levy expressed her concern regarding the widening of El Camino Real taking prescedence over t the safety of Carlsbad residents.
AB #19,570
3. AB #19,571 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Mark Sauer Construction, Inc., for the Leo Carrillo Ranch Barn Stabilization and approving an additional appropriation of funds for construction of the project, Project No. 39611. Resolution No. 2008-257. ACTION:
Michele Levy came forward to address Council. Ms. Levy explained her concerns regarding the lack of a fire master plan.
AB #19,571
4. AB #19,572 - NOTICE OF COMPLETION. Accepting the construction of the Traffic Signal UPS and Battery Backup Project as complete and directing the City Clerk to record a Notice of Completion, Contract No. PWGS316R. Resolution No. 2008-258. ACTION:
Michele Levy came forward to address Council. Ms. Levy stated the Fire Master Plan should be more important to Carlsbad than updating traffic signals.
City Manager Lisa Hildabrand, stated that the standards of measure study for the fire master plan is in her office for review.
Fire Chief Kevin Crawford stated a comprehensive review is being requested by the fire department that takes into account demographics and what the fire department needs to do to keep pace with the growth of the city.
Chief Crawford stated that the study, conducted by an outside consultant, could take between six to nine months to complete.
Motion by ak to approve 2, 3, 4
AB #19,572
ORDINANCE FOR INTRODUCTION:
5. AB #19,574 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. Introduction of Ordinance No. CS-007. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 5. AB #19,574 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. Introduction of Ordinance No. CS-007. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 5. AB #19,574 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON FARADAY AVENUE. To consider amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by amending Section 10.44.320 to establish a prima facie 45 mile per hour speed limit on Faraday Avenue from Orion Street to the east city limit. Introduction of Ordinance No. CS-007. ACTION: (Approved) (Recorded at 00:28:10)
AB #19,574
6. AB #19,575 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON EAGLE DRIVE. Adopting Ordinance No. CS-006, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of section 10.44.840 to establish a prima facie 35 mile per hour speed limit on Eagle Drive from Palomar Airport Road to its intersection with Lionshead Avenue. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to 6. AB #19,575 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON EAGLE DRIVE. Adopting Ordinance No. CS-006, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of section 10.44.840 to establish a prima facie 35 mile per hour speed limit on Eagle Drive from Palomar Airport Road to its intersection with Lionshead Avenue. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to 6. AB #19,575 - ESTABLISH A PRIMA FACIE SPEED LIMIT ON EAGLE DRIVE. Adopting Ordinance No. CS-006, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of section 10.44.840 to establish a prima facie 35 mile per hour speed limit on Eagle Drive from Palomar Airport Road to its intersection with Lionshead Avenue. ACTION: (Approved) (Recorded at 00:29:00)
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.
Michele Levy of Carlsbad came forward to address Council. Ms. Levy stated her concerns regarding the costs of various projects and the lack of a Fire Master Plan.
Michael Babowal, representing the Chamber of Commerce came forward to address Council. Mr. Babowal stated that an administrative law judge has proposed that this area keep the same area code with an overlay, and a final decision will be made ion on October 16, 2008.. He thanked the Council for its support.
Steve Eidel of Carlsbad came forward to address Council. Mr. Eidel spoke about his concerns regarding the Charter City and the proposed non-prevailing wage issue.
AB #19,575
PUBLIC HEARING: This item was continued from the City Council Meeting held on July 22, 2008.
7. AB #19,525 - APPEAL OF PLANNING COMMISSION DENIAL OF THE CARLSBAD BOAT CLUB AND RESORT PROJECT. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 06-16 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive; and, To consider denying the appeal and upholding the Planning Commission’s decision of denial of Tentative Tract Map CT 06-16 and Special Use Permit SUP 07-05 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive. Resolution Nos. 2008-216 and 2008-217. ACTION:
Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Mayor Lewis asked recalled that in 1991 stated that a 3 unit project zone variance was requested, approved but not built.
Van Lynch - 3 parcels zoned on the north side of adams that zone as R-T.
ML - underground parking on the lagoon side how many?
VL - 30 spaces interior parking garage, 2-3 extra spaces.
Mayor lewis asked about public parking. Does this project have public parking available to it?
VL - No.
CM Hall asked which plan took precedence the zoning plan or the general plan.
VL replied that the zoning plan implements the general plan.
Bob Ladwig, Ladwig Design Group came forward to address Council. Mr. Ladwig introduced Jim Courtney and Mike Pfankuch, owners of the property.
Mike Pfankuch came forward to address Council. Mr. Pfankuch gave a history of the purchase of the property and what the project consisted of.
MP stated the resort will have professional management of the project. Because of limited parking guests or others are not permited to bring their own watercraft to the resort. The resort will loan watercraft to the guests.
Mr. Pfankuch showed slides that indicated the "Stewart" house and the proposed boat house are the same elevation from the west side. He also provided slides that illustrate the size is compatability of adjacent structures.
Mr. Pfankuch read excerpts from Council Resolution No. 91-324.
Mr. Pfankuch also read excerpts from the Coastal Act Policy 30222. He also read from the Agua Hedionda Land Use Plan.
Mr. Pfankuch stated that they have demonstrated that the project is in compliance, and will have a positive impact on traffic.
Mr. Pfankuch asked the Council to uphold the general plan at present. Asked fo develop the property because the project is consistent with the General Plan, LCP and zoning ordinances.
Council Member Packard asked about the Coastal Commission's objection to the project.
Mr. Pfankuch stated the Coastal Commission stated they would prefer to see a hotel/motel on the site. (Get AB # referenced).
Mayor Lewis stated that the Chairman of the Coastal Commission stated he was negative on this project because it is a time-share and locals and the public are excluded.
Mike Pfankuch stated that if parking is required, the planning Commission gave the developers full use of the east side (bottom 60 feet) to be used for parking (in the PC notes from 1991).
Council Member Hall requested clarification that the developers talk to people higher up on the Coastal Commission.
Jim Courtney addressed Council stated that even if a hotel was put on this site, there was still no parking available for the public. The parking would be for hotel guests only.
Mayor Lewis stated that the Coastal Commission objection was that the public boat launch will be affected by this project.
Mayor Lewis suggested that the developers get input from coastal staff.
Mr. Courtney stated that the Coastal Commission staff stated nothing was mentioned previously regarding density and parking until a recent meeting with Van Lynch.
Council Member Hall stated that any type of project that would require approval of the Coastal Commission that is applied under the Coastal Act. Council would have to apply its local policies under the Municipal Code. (Discussion between Ball and Hall)
Bob Ladwig stated that there are now concerns regarding density and nothing has changed on this project since 1991 when zoning in the area has changed. The developers are not asking for any variances or reductions. Project is allowed by current codes with the exception of the time share which is understood that is needs a Conditional Use Permit. Ask that the project be sent back to staff from preparation of conditions of approval and so forth.
Mayor Lewis asked how may houses could be built on this property.
Mr. Ladwig replied that two units could be built on this property.
Bob Ladwig replied that the impacts were not as address in the staff report.
Mayor Lewis opened the4 duly notced public hearing (7:14 pm)
Alan Wanamaker - stated this was a chnce for the Council to right unattended consequences. In support of the project.
Catalina Faffy - Spoke against the project. Based upon the Coastal Act initiative and petition for the recall of Carlsbad Council Members. Petition of recall of any council member who votes in support of this project. concerned about boating accidents and skateboards. will hurt the citizens in the end.
Scott Carmichael - member of the Carlsbad Boat Club. Stated it was difficult to launch boat from Snug Harbor. Joined the boat club because it was smaller and more accessible. Thinks neighbors should welcome this type of development - have a timeshare instead of people coming or going.
Council Member Packard clarified that the launch would be private instead of public.
Lowell Grimella - new draft of the agua hedionda lagoon draft does not address multi ?? on the lagoon. Spoke about small footprints around the lagoon. Stated he has kept the Council and city informed on the various issues surrounding the lagoon (broken pipes, retaining wall) that are need of repair. States the water on the lagoon is stressed. Spoke about boating safety requirements. Is not in support of this project.
Sara Huber - spoke against the project. Spoke about concerns regarding fencing, safety of the lagoon, and doesn't feel this is not responsible development. Spoke about the MPLA that is being dicussed by the department of fish and game, there may be a possibility of no boating in the future of the lagoon.
Ed Scarpelli - spoke in support of the project. Recognized what outstanding citizens Mike and Jim are and would not be brining any detrimental project forth to the City. Compatability issue has been discussed and addressed. Asking for no special favors with the CUP. Issue of the view impact has been addressed. To the east the building is a smaller impact that the existing building.
Mr. Scarpelli refered to Alan Greenspans definition of property of theft in a recent book regarding downsizing. Read a few quotes from the book.
Susan Toft - spoke in favor of the project. Feels it is a good project for the community. Sees project as functional and compatible.
Ross Campbell, (from ???)representing Thomas and Nicole Dean spoke against the project. Anything representing approval would be challenged in the courts. Council should take into account the context and size of the project itself. Planning Commission provided direct feedback to the developers to how the project could become compatible. The slides are misleading - do not project how the project develops out over the lagoon. Sending the project back to staff (threatened regarding Ceqa - get this).
Dee Calbat - resident of Bristol Cove. Stated that many of the people that spoke tonight do not live on the lagoon. Spoke against the project.
Adjournment 9:02
David Sapola spoke against the project.Objects to the suggestions from others that the neighbors who live in the area should support the project. Referring to the 1991 compatbility did not address a time-share unit. Alot has changed since 1991 - numerous single family homes have been built since then. Objects to confiscating property reference from the Alan Greenspan book. The shillouette drawings do not depict the actual building. The traffic reduction mentioned at the beginning of the hearing - the restaurant has not been in operation for several year. Staff did a thorough fair review and recommended denying it. PC gave the developers a list of items to make the project compatible and the developers did not choose to do so.
Hollis Phillips spoke against the project. Disappointed that the developers have been unresponsive to the neighborhood, has ignored the compatibility requirements of ghe General plan. PC recommended signification reduction of the number of units. PC recommended the build size be reduced, the PC that the flat room party deck be replaced with the ptich roof design, PC recommended the developer work with the neighbors to deal with compatibility issues - all were not done. Suggested that the developers build two units and make their profit in that manner.
Jim Stickland representing the Bristol Cove Property Owners Board spoke against the project.
Mayor Lewis closed the duly noticed public hearing at 7:56.
Mayor Lewis reconvened the meeting at 8:02 PM
Council Member Nygaard asked that all of the general plan and GMP requirements have been met. Talk about the CUP compliance.
Van Lynch witin the finidng of the CUP four findings that need to be made, proposed use is compatible with the general plan, noise, safety environmental, detrimental to surrounding area, the project is detrimental to the neighborhood.
City ATtorney Ron Ball the general plan requires this to be a conditional use, the property rights are the use permitted by rights, small family and day care, the property owner does not get the rights and even those can change in time.
Council Member Nygaard addressed that the Council would be downzoning the property.
Mr. Ball replied that it is not a zoning hearing tonight. This does not happen as a direct result of the decision of tonight's findings. There are no conditions proposed for the project because it is recommended for denial.
Council Member Packard - visual presentation made re external dimensions - does staff concur or dispute. NOt asking about the total square footage.
Van Lynch - staff does concur.
MP - footprint on the lots coverage is it comparable
Van Lynch stated that the building sq. ft and the adjacent house is 4,000 sq ft
MP - In the PC Hearing in a TR Zone up to
MP beach access is there an existing easement
Van Lnch - No
MP - requiring neighboring properities to have beach access
Van Lynch - no, just a lateral access.
MP - why would this property selected be required to provide vertical beach access.
Van Lynch - zoning of this property is unique.
MP no CEQA done for this project, is there a way that this could be overturned without CEQA review
Mr. Ball stated Council would have to remand the project back to staff to return to the Planning Commission and back to Council for approval.
MP - if COuncil has concerns about some of the findings that the PC had, what is the proper avenue to address those issues?
Mr. Ball - tonight is the night.
MP - has concerns that are on PC Resolution 6648, finding #1, concern about comments made about the project generating boat noise, the project is in zone 2 which is a power boating area, how does this fining apply under this circumstance. Finding #3 on Resoultion 6349, is in contrast with finding #2 states the site is suitable. Asked about easements for beach access - finding #4, does not understand what the finding is referring to when there are not easements. Asks that Council consider making some modifications to these particular findings so that if and when the property owners present something for review it is not inaccurate.
Council Member Hall - could send this project back to PC with further review with stipulations or if denied, developers return with a different project. What he has heard from the developers is that he does not want to build one or two homes on his property - he wants to build something different. KNowing that everything is going to have to have a CUP
Ron Ball - stated that tonight Council either grants some relief or deny the project without predjuice and the applicant can return the next day with a different project. Council should not presuppose what the Coastal Commission is going to review this project.
Mayor Lewis mentioned about the noise on the lagoon, there is a tremendous amount of noise with stacks. Mayor is assuming that this can be corrected with underwater muffling. Mayor stated he has a problem with (referred to 1991) the neighbors and developers should work out the number of units. Suggested to the developers that they contact the correct people at the Coastal Commission.
Council Member Nygaard the biggest issue is the CUP issue and compatibility issue. Comparing the square footage is a huge difference. Agree with Planning Commission - no stipulations.
Council Member Packard - the PC was not recommended that the property be developed as a single family home, its objection was more on a matter of scale. The Commission would possibly approve 19 or 20 units. Staff concurs that the building can compare to the building next door in size. Compatibility - the issue is not the granting of change of a zone from R-1 to a more intense use, the applicants need to get some sense of what can be approved here. There are some other considerations to support the denial because there are not findings to grant the approval of the project.
Council Member Hall stated when he thinks of compatibility, he thinks of the neighborhood and the lagoon. The proposal before us does not go far enough into the boating component. The applicant needs to listen to the Planning Commission which gave the project a thorough review.
Mayor Pro Tem Kulchin going to agree with PC decision. Thinks 25 units is too intense in size.
Mayor Lewis stated he agreed with the basic concept of having the public using that area. A unique piece of property that should be developed properly. There has to be some type of public access. Mayor Lewis asked about the EIR and CEQA. Would Council have to direct how the CEQA would be established.
Mr. Ball stated that the Planning Director and his staff would develop what would be required for environmental review and what elements would have to be established under CEQA review.
Mayor Lewis would like the project to be returned to the Planning Commission and would like the property owners to work with staff and neighbors.
Ron Ball stated if the appeal is denied then it automatically goes to the staff to come forward again.
Council Member Packard asked about findings.
COuncil concurred to have the City Attorney to redraft the resolution and address the findings issue .
Council Member Nygaard asked for clarification on the findings.
Mr. Packard reviewed the findings again (list), Noise is not applicable because of the existing boat launch. Finding #3 requires clarification because it is in conflict with finding #2 in Resol _______ regarding size with neighboring properties. Finding #4 had to do with easements when there are no easements.
Ron Ball suggested that staff provide some testimony on the findings.
Van Lynch - finding #1 - existing boat ramp may have the potential to have more activity than the existing use of a private boat launch club which would be required during a CEQA review.
Finding #2 - it is the intensity of the project not the width of the project at the type and density proposed.
City Attorney Ron Ball asked for clarification
Van Lynch replied that the project does meet the size of the property. Staff states it does not meet the type and density of the proposed project.
JN - the CUP is creating the need for the project to be compatible. It supercedes the need of everything else.
Motion to approve 7. AB #19,525 - APPEAL OF PLANNING COMMISSION DENIAL OF THE CARLSBAD BOAT CLUB AND RESORT PROJECT. To consider denying the appeal and upholding the Planning Commission\'s recommendation of denial of Conditional Use Permit 06-16 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive; and, To consider denying the appeal and upholding the Planning Commission’s decision of denial of Tentative Tract Map CT 06-16 and Special Use Permit SUP 07-05 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive. Resolution Nos. 2008-216 and 2008-217. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 7. AB #19,525 - APPEAL OF PLANNING COMMISSION DENIAL OF THE CARLSBAD BOAT CLUB AND RESORT PROJECT. To consider denying the appeal and upholding the Planning Commission's recommendation of denial of Conditional Use Permit 06-16 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive; and, To consider denying the appeal and upholding the Planning Commission’s decision of denial of Tentative Tract Map CT 06-16 and Special Use Permit SUP 07-05 for the demolition of a restaurant and single family residence to allow the construction of a twenty-five (25) unit timeshare condominium project on one acre of land on property generally located on the south side of Adams Street, between Highland Drive and Park Drive. Resolution Nos. 2008-216 and 2008-217. ACTION: (Approved) (Recorded at 02:51:43)
On motion by Mayor AK, denying the project with predjuice.
Break - 8:51 PM
Reconvene 8:52
AB #19,525
Meeting Paused
Meeting Resumed
Meeting Paused
Meeting Resumed
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL, CARLSBAD MUNICIPAL WATER DISTRICT, HOUSING AND REDEVELOPMENT COMMISSION AND PUBLIC FINANCING AUTHORITY
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
AND
HOUSING AND REDEVELOPMENT COMMISSION
AND
PUBLIC FINANCING AUTHORITY
AGENDA
Joint Special Meeting
September 16, 2008
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: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
8. AB #19,576 - AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE. Approving an amendment to the Local Conflict of Interest Code for each legal entity to reflect changes in circumstances in designated positions and their disclosure categories. Council Resolution No. 2008-259. CMWD Resolution No. 1336. Commission Resolution No. 458. PFA Resolution No. 47. ACTION:
Motion to approve 8. AB #19,576 - AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE. Approving an amendment to the Local Conflict of Interest Code for each legal entity to reflect changes in circumstances in designated positions and their disclosure categories. Council Resolution No. 2008-259. CMWD Resolution No. 1336. Commission Resolution No. 458. PFA Resolution No. 47. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Nygaard.
Vote to approve 8. AB #19,576 - AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE. Approving an amendment to the Local Conflict of Interest Code for each legal entity to reflect changes in circumstances in designated positions and their disclosure categories. Council Resolution No. 2008-259. CMWD Resolution No. 1336. Commission Resolution No. 458. PFA Resolution No. 47. ACTION: (Approved) (Recorded at 02:52:39)
AB #19,576
ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CITY COUNCIL AND CARLSBAD MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD
CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT
AGENDA
Joint Special Meeting
September 16, 2008
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: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
9. AB #19,577 - APPROVE AGREEMENT FOR RECYCLED WATER RETROFIT PROGRAM. Approving an agreement with the San Diego County Water Authority for the Recycled Water Retrofit Program. Council Resolution No. 2008-260. CMWD Resolution No. 1337. ACTION:
Motion to approve 9. AB #19,577 - APPROVE AGREEMENT FOR RECYCLED WATER RETROFIT PROGRAM. Approving an agreement with the San Diego County Water Authority for the Recycled Water Retrofit Program. Council Resolution No. 2008-260. CMWD Resolution No. 1337. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 9. AB #19,577 - APPROVE AGREEMENT FOR RECYCLED WATER RETROFIT PROGRAM. Approving an agreement with the San Diego County Water Authority for the Recycled Water Retrofit Program. Council Resolution No. 2008-260. CMWD Resolution No. 1337. ACTION: (Approved) (Recorded at 02:53:01)
AB #19,577
ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
10. AB #19,578 - SENIOR COMMISSION APPOINTMENT. To consider appointing one member to the Senior Commission. Resolution No. 2008-261. ACTION:
Motion to approve 10. AB #19,578 - SENIOR COMMISSION APPOINTMENT. To consider appointing one member to the Senior Commission. Resolution No. 2008-261. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to approve 10. AB #19,578 - SENIOR COMMISSION APPOINTMENT. To consider appointing one member to the Senior Commission. Resolution No. 2008-261. ACTION: (Approved) (Recorded at 02:53:34)
AB #19,578
11. AB #19,579 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2008-262 and 2008-263. ACTION:
Mayor Lewis only appoint Marie Bradley.
Motion to approve 11. AB #19,579 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2008-262 and 2008-263. ACTION: Moved by Mayor Lewis, seconded by Mayor Pro Tem Kulchin.
Vote to approve 11. AB #19,579 - LIBRARY BOARD OF TRUSTEES APPOINTMENTS. To consider appointing two members to the Library Board of Trustees. Resolution Nos. 2008-262 and 2008-263. ACTION: (Approved) (Recorded at 02:54:17)
AB #19,579
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.
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