Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:01:36)
LEGISLATIVE INVOCATION:
By Lewis.
PLEDGE OF ALLEGIANCE:
By Blackburn
Closed Session Announcement.
PRESENTATIONS: Proclamation Presentation in Recognition of Dump the Pump Public Transit Day
Council Member Hall presented a Proclamation in recognition of Transportation "National Dump the Pump Day". Presented to Council Member Hall - June 18th the actual Dump the Pump date.
Council Member Packard presenting Proclamation to NCTD Board.
1. AB #19,852 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Friends of the Arts and appropriating the funds to the Cultural Arts Office TGIF Jazz in the Parks donation account. Resolution No. 2009-136. ACTION:
AB19,852
Consent item pulled. Peter Gordon came forward to recognize the Carlsbad Friends of the Arts.
Kevin Mudd, President of the Carlsbad Friends of the Arts came forward and spoke about the Organization dedicated to promoting programs at the Carlsbad Arts Program. Presented $20,000 to help fund the TGIF Jazz in the Parks program.
New TGIF T-shirt given to the Council Members.
2. AB #19,853 - AUTHORIZATION TO APPLY FOR A GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICE. Authorizing the Carlsbad City Library to apply for a grant from the California Library Literacy Service and to accept any award of grant funds. Resolution No. 2009-137. ACTION:
AB19,853
3. AB #19,854 - AWARD OF CONTRACT. Accepting bids and awarding a contract to All American Asphalt for construction of the 2009 Slurry Seal Project, Project No. 6001-09SS Resolution No. 2009-138. ACTION:
AB19,854
4. AB #19,855 - APPROVAL OF PARTICIPATION IN THE AGUA HEDIONDA LAGOON TOTAL MAXIMUM DAILY LOAD DEVELOPMENT COST SHARE AGREEMENT. Approving a cost-share agreement for the Total Maximum Daily Load (TMDL) Development for indicator bacteria and sedimentation/siltation in Agua Hedionda Lagoon. Resolution No. 2009-139. ACTION:
AB19,855
5. AB #19,856 - APPROVAL OF AGREEMENT FOR PHOTOGRAMMETRIC AND MAPPING SERVICES. Approving an agreement for professional photogrammetric and mapping services with Digital Mapping, Inc.; and, approving a nine-agency consortium MOU for cost-sharing of the photogrammetric and mapping services. Resolution No. 2009-140. ACTION:
AB19,856
6. AB #19,857 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Sierra Pacific West, Inc. for the construction of Palomar Airport Road Widening at Paseo Del Norte, Project No. 3811. Resolution No. 2009-141. ACTION:
AB19,857
7. AB #19,858 - APPROVAL OF AGREEMENT FOR DESIGN OF HOME PLANT SEWER LIFT STATION. Approving an agreement with PSOMAS for the Home Plant Sewer Lift Station Replacement, Project No. 5509. Resolution No. 2009-142. ACTION:
AB19,858
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion 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.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:12:31)
WAIVER OF ORDINANCE TEXT READING:This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
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.
Gus Calderon, Pilot and Photographer - remote aerial Photographer - Enviroflight cam. Business shut down because RC planes now prohibited in City Parks. Distributed photographs for Council Review. Called Parks and Recreation Department - Mick Calarco - No one has ever been injured from planes. Some neighbors have complained. New planes are electric and only admit about 10 decibals of noise. In flight the citizen can not tell the difference between RC airplanes and real plane. Most planes made of foam. The new ordinance code has given hardship to business.
Packard - are you a member of any of the RC clubs in outlying communities. Yes, not enough time to get to fields. Lewis - do you have liability insurance. Yes, said Mr. Calderon.
Todd Cardiff, representing the Carlsbad Chapter of the Surfrider Foundation. Requesting that the emergency seawall be agendized. Requesting that two of you (Kulchin / Blackburn) do not want the permit to go into effect. Know that Kulchin would like to be a Coastal Commissioner. What's been approved by the Planning Director is a seawall for two residences (46 feet away from bluff edge). Justification for seawall is public safety. Under an emergency permit only lasting 30 days. Can prevent injury by posting signs telling public to stay away from bluff. What has been granted is a permanent sea wall without going through the public process to see if CUP is warranted.
City Attorney Ball - advise to make a motion (law is to flexible enough to add the item to the agenda). If Council makes this motion - can add to foot of agenda and discuss at that time. Add to foot of agenda for review.
Make a motion now - 5/0 ( who made motion).
Kulchin - Calderon spoke about the planes - should we refer the item to staff for additional information.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL, MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION
At 6:23 p.m.
CITY OF CARLSBAD CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT BOARD
AND
HOUSING AND REDEVELOPMENT COMMISSION
JOINT SPECIAL MEETING AGENDA
JUNE 16, 2009
6:00 P.M.
CALL TO ORDER:
6:23 p.m.
ROLL CALL:
All Present.
PUBLIC HEARING:
8. AB #19,859 - 2009/2010 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS. To consider adopting the final Operating Budgets for 2009/2010 for the City, the Municipal Water District, and the Redevelopment Agency, and appropriating funds for the 2009/2010 Capital Improvement Program; and, To consider adopting the Gann spending limit for the City for Fiscal Year 2009/2010; and, To consider adopting changes to the Master Fee Schedule; and, To consider approving the City's share of the Operating and Capital Budgets for 2009/2010 for the Encina Wastewater Authority; and, To consider approving adjustments to the 2008/2009 Operating Budgets of the City and Housing and Redevelopment Commission; and, To consider approving a new Municipal Water District position classification of Scada Technician. City Council Resolution Nos. 2009-143, 2009-144, 2009-145, 2009-146 and 2009-147. Municipal Water District Resolution Nos. 1358 and 1359. Housing and Redevelopment Commission Resolution Nos. 468 and 469. COUNCIL ACTION: BOARD ACTION: COMMISSION ACTION:
AB19,859
Finance Director Lisa Irvine, Budget Manager Judi Vincent and Associate Engineer Steve Jantz presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave an overview of Citizen's Budget Workshop
Lewis - we will not be going over water rates . . . .that conversation will take place on the 23rd.
Also going to present Program Options
Spoke about meeting today's economic challenges while laying a solid foundation for the future.
Hall - commented gas tax is a take not a borrow.
Now giving an update on the foreclosures in Carlsbad vs. surrounding communities (in the region).
General Fund revenues being impacted through the recession.
Have revised the budget on revenue side.
Now giving an overview of 10 year forecast.
Operating Budget reviewed.
Gave a breakdown of general fund (41% is public safety).
Taking reductions as moving forward.
Now Steve Jantz presenting the Capital Improvement Projects.
Drainage Improvements: Park Drive Drainage and Street Improvements (look at slides).
Pine Avenue Park Phase 1-B - Restroom and Storage Building.
Recycled Water Projects
Roadway Projects.
Intersection Improvements - PAR and Paseo Del NOrte.
PAR and College.
Major upcoming projects: Widening of ECR; ECR Medians; Vista/Carlsbad Interceptor Sewer/ Agua Hedionda Channel Dredging.
On-going projects - see slide 28.
Spoke about the unfunded projects - about $78 million.
Judi Vincent - spoke about proposed rate and fee changes.
Master Fee Schedule.
Once again said that water rates will be discussed on June 23, 2009.
Development Impact Fees - proposed to be increased by 6.4% - ENR rate as of April 2009. Most of the fees are tied to Ordinances.
Gave details of proposed increased ambulance fees.
Now Lisa Irvine speaking about the three Program Options: For Council consideration. Automated meter reading first.
Technology is now available to transmit meter data electronically.
Spoke about benefits of Meter Reading Program - can reduce staffing; enhance revenues; real time leak detection; decrease generation of greenhouse gases; potential grant funding offsets costs; more frequent water consumption data.
Options are to fund AMR Program. 2nd Option - Fund manual replacement projgram. Option 3 - fund either option 1 or 2 at different funding levels.
Second Program Option - Optimization Study
Option 1 - approve Optimization Study.
Program Option 3 - Sister City Program. Option 1 - eliminate the program - Option 2 - find another community organization to adopt program. Opton 3 - allocate additional city resources to meet committee's requirements.
End of Program Options.
Open Public Hearing at 6:49 p.m. - Bill Arnold, Don Ortega Drive, Carlsbad, came forward to address Council. Thanked Council for continued funding of flood mitigation project.
Lewis - how many homes are left in flood plain (90 just came out). I want to say 240 were in revised plan. About 150 still in flood plain.
Alan Kindle, El Aguila Lane, representing Board of Directors and Members of the Friends of Carrillo Ranch. Advocating the implementation of barn theater and visitors center at Carrillo Ranch. Believe costs will never be lower. 90 % of members live in Carlsbad. Our member look to Council as leaders of the community. At the april 14 Council Meeting staff was asked for more accurate estimates of projects. Only privy to numbers from 2007. These estimates are no longer credible.
No operating issues have been shared. Just build the darn theater and visitors center you will never be sorry. Urged Council to move forward now. Will generate a fresh revenue stream.
Chris Cade, 7513 Colloma Circle, came forward to address Council. Offers recommendations for future years.
Spoke about June 15th memo (on file in the Office of the City Clerk).
Lewis - 7608459223 - work for Council Member Kevin Faulkner.
Mario Monroy, Carlsbad, came forward to address Council. Missed the workshop. Spoke about Pine Park - last night the P&R Commission - an item having to do with Pine Park - had to do with properties purchased on Madison and Chestnut. Started working on this project in 2001. Last property purchased in 2005. Last analysis of what park would cost to run was in 2006.
Cost of the park is in the budget for about $1,900,000 and postponed every year - scheduled to be constructed at buildout in 2015.
Public just wants the park. Nothing specific has been put in as to what is going to be put into the park. The city has demonstrated that we have beautiful landscaping at libraries, city hall and MaGee Park. Told Council that the current construction numbers are unrealistic. Cost of this park would not be near the initial numbers.
Would like to have this added to the budget.
Diane Nygaard, representing Preserve Calavera, there is no funding for open space acquisition or trails. None of the money has been allocated. Staff expected to complete Lake Calavera trails plans. No money set aside for construction of the trails. Set aside 1/3 of $35 million Prop C to purchase open space lands.
City staff on trail safety committee - 5 trail rangers to be included in budget. Have been cut from budget proposal.
Staff showed their is a slight surplus - this could get program started.
Close PH at 7:08 p.m.
Recess at 7:08 p.m.
Reconvene at 7:17 p.m.
Council Now Reviewing - Drainage Improvements - any concerns from Council. Packard - Question regarding design build model - Legal Counsel has prepared - Design Build Model - has this been considered as part of the projects or any future. Jantz - these costs were developed on old model. Hildabrand - these have not taken into account the Design Build process - have not had chance to review and anticipate impacts.
Packard - many of these projects are design stages. If we can facilitate the implementaion of Design Build Model - some numbers will come in at better than what we are looking at. Hildabrand - we will see when we go out to bid on those.
Kulchin - will go out to bid on Design and Build? Yes, said Kulchin. We need to take time to look at process Attorney has recommended.
Hall - All of these will come back to Council at some point during the year for further discussion. Yes, said Hildabrand - everything over $100,000.
Drainage - 5/0. Pine Avenue Park 5/0. Water Distribution System. 5/0. REcycled Water Project 5/0.
Roadway Projects - Camino Hills
Major Upcoming Projects - Hall ECR widening and undergrounding - will find money to do both not just widening. Yes. Said Hildabrand.
Packard - confirmed that median improvements are in same area as widening and undergrounding.
Major Upcoming Projects - 5.
Slide 29 - Packard - one project that was not hi-lited - demolition of old sewer treatment plant budgeted amount is $800,000 - looking to where we can hold onto our money. What is the burning issue to want to spend money to demolish this year?
Jantz - Bill Plummer coming forward to answer.
Plummer - the facility was constructed but not operated in 1985 - city has no functions going on. Has significant mechanical equipment. In recent years there has been a significant amount of vandalism. Concern by staff that if someone gets hurt in there could be a serious problem. Ongoing repairs to fencing. Copper wire being pulled out of the walls.
Packard - trying to hoard every dollar - do not see burning issue for doing this now - would like the item to be pulled out of the CIP.
Kulchin - are you concerned with someone being harmed in the facility. More concern of someone getting hurt inside there.
Packard - is anything different than two yers ago.
Blackburn - when I had a tour of facility there was equipment that could be sold. What is value of the equipment? Plummer - good condition equipment - do not know the value - maybe $100,000.
Lewis - in reference to the skateboarders - will everything be taken out - even foundation. Will end up with dirt pad per Plummer.
Motion by Packard to not demolish for $800,000 - second by Hall. 4/1 - Kulchin NO!
Kulchin - spoke about Pine Avenue Park.
Brian Albright - the long term plan for Madison property is an ornamental garden $2 million value. Spoke about much less costly temporary uses for the property.
Hall - this to will go through the process and come back as a stand alone project? Hildabrand - we have a goal to look at unused property - if there is an opportunity to move forward to generate revenues - find funding source and generate revenue.
Lewis - in reference to Leo Carrillo Barn and Visitors Center how much? Albright - project is approximatley $500,000 - we have internally tried to re-cost the project. Recent patio expansion came in 15% less. That type of facility does not follow typical construction business.
Lewis - make motion to add $500,000 to complete the project. Hall - I agree. Can it come back with the specifics.
Hildabrand - I would like to remind Council that our projects have different funding sources. Can't we borrow from those funds asked Lewis. No - said Hildabrnd.
Lewis - Now reviewing 2009-2010 fees - want to put a hold on DIF's for one year. This would not be a permanent hold. - All thumbs up.
Packard - (CPI was 3.5%) suggesting that General City Fees and Development Related Services Fees - to come back to Council. Irvine confirmed that staff will come back to Council and show fiscal impacts if moratorim held on all fees.
Slide 35 - Blackburn support increase in ambulance fees. Packard - can anyone tell me what the predominant reimbursement rate is? Linda Allington - currently reimbursed at about $460 for routine. Level 2 - billing at 618 and medicare will pay $680.
Packard - can suport ambulance rate.
Hall - who pays balance of what Medicare does not pay. Allington - Private Carrier insurances do pick up additional funds.
Hall - there will be a difference of what the citizen has to pay vs. what they are being covered. Allington - Medicare pays 80% - Individual or secondary insurance pick up $20%.
Ambulance Rates - 5/0 thumbs up.
Automated Meter Reading - can we continue this portion to Water Rates on June 23rd. Packard - two questions - Potential funding through a grant - can we apply for grant without starting program. If we get grant can we then start program? What is our current loss rate from non-operating meters? Cari Dale - Grant allows you to recoup or you can apply - yes said DAle. Loss Rate - our loss rate under 4%.
Optimization Study - Kulchin - I would love to be a consultant one day. I think we have a professional staff and they can do the study. Staff to be empowered. I think we have people here who can do this. Blackburn - would rather send own personnel for training.
Packard - difficult for individuals running program to see where the weaknesses are what improvements can be made. See outside set of eyes to accurately see what needs to be improved.
Hall - Would like this to brought back a year from now. Save money. Lewis - concur with Kulchin and Blackburn. Decision not to fund.
Sister City Program - Recieved letters - No, I didn't!!!!!!
Kulchin - was here when this program started. Received a letter suggesting that the Organization apply for a 5013(c). Would suggest that we continue the Committee and that we work on getting the 5013c designation.
Hall - concur with Ms. Kulchin - would like to work to get them to non-profit status.
Blackburn - need better microphones.
Blackburn - want to continue help them until they get help. Keep program for one more year but reduce funding to $3,000. Motion by Kulchin 5/0
Storm Water & Library Fees Now.
Irvine - 4 library fees to be proposed to be change. Listen for the categories information is in master fee schedule.
Blackburn - would like to add Library fees to one year moratorium to fees.
Packard - support staff's recommendation fees. Hall and Kulchin - support Blackburn.
Lewis - Agree with Dr. Packard. Kulchin motion - 3/2 (Lewis/Packard). Will remove increase.
City Clerk Fees - proposing to increase Municipal Code Fees - listen to these.
Municipal Code Supplement service. - 5/0 passed.
Carrillo Ranch hourly rental fees / Packard - I thought P&R are returning at a later date. Albright - it our recommendation that P&R fees will all come back based on Pyramid.
CAble Channel Administration Fee. - Approved 5/0.
Water Service Fee - same day service turn on - new fee? 5/0. approved.
Street Light Energizing Fees - to set structure of fees 70watt or listen to this. For connecting light to SDG&E service point. This fee will be charged to Hauser - fee charged to developers - this will cover cost to energize street ight and including in the LL District - 5/o.
Fish and Game Fee (listen to amount). EIR Fee - 2756 to 2818 - 5/0.
Restructuring of storm water plan - 5/0 fees.
GIS aerial photography fee - fee would be 75 per tile and topographic contours line fee $75 per = 5/0.
Development impact fees on the large meters - were removed from master fee schedule need to add them to the fee schedule - the 11/2 - 18850. 2" 30230. 3# 66126. Lewis - confirmed meters are for industrial. Bring this back next week please to confirm if it is in industrial. Packard - can you bring back inforamtion on how much and why it was deleted in the past.
CA will return with documents regarding fees. Irvine confirmed that staff recommendation. Blackburn - thanked staff. Packard - need to be prudent. Hall - thanked staff. Need to continue supporting Safety Services. Kulchin - also thanking staff and Council.
Lewis - motion.
Motion to approve 8. AB #19,859 - 2009/2010 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS. To consider adopting the final Operating Budgets for 2009/2010 for the City, the Municipal Water District, and the Redevelopment Agency, and appropriating funds for the 2009/2010 Capital Improvement Program; and, To consider adopting the Gann spending limit for the City for Fiscal Year 2009/2010; and, To consider adopting changes to the Master Fee Schedule; and, To consider approving the City's share of the Operating and Capital Budgets for 2009/2010 for the Encina Wastewater Authority; and, To consider approving adjustments to the 2008/2009 Operating Budgets of the City and Housing and Redevelopment Commission; and, To consider approving a new Municipal Water District position classification of Scada Technician. City Council Resolution Nos. 2009-143, 2009-144, 2009-145, 2009-146 and 2009-147. Municipal Water District Resolution Nos. 1358 and 1359. Housing and Redevelopment Commission Resolution Nos. 468 and 469. COUNCIL ACTION: BOARD ACTION: COMMISSION ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,859 - 2009/2010 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS. To consider adopting the final Operating Budgets for 2009/2010 for the City, the Municipal Water District, and the Redevelopment Agency, and appropriating funds for the 2009/2010 Capital Improvement Program; and, To consider adopting the Gann spending limit for the City for Fiscal Year 2009/2010; and, To consider adopting changes to the Master Fee Schedule; and, To consider approving the City's share of the Operating and Capital Budgets for 2009/2010 for the Encina Wastewater Authority; and, To consider approving adjustments to the 2008/2009 Operating Budgets of the City and Housing and Redevelopment Commission; and, To consider approving a new Municipal Water District position classification of Scada Technician. City Council Resolution Nos. 2009-143, 2009-144, 2009-145, 2009-146 and 2009-147. Municipal Water District Resolution Nos. 1358 and 1359. Housing and Redevelopment Commission Resolution Nos. 468 and 469. COUNCIL ACTION: BOARD ACTION: COMMISSION ACTION: (Approved) (Recorded at 02:24:03)
Recess at 8:23 p.m. BAck at 8:25 p.m.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
Back to Council and now adding new item.
City Attorney Ron Ball gave background on provisions of adding an item to the Agenda.
Don Nue Planning Director briefing Council on issue. There appears to be a conflict between Local and State legislation. Local law has been accepted by Coastal Commission said Ball.
Don Neu - now explaining issue. Staff did process an emergency Coastal Development Permit per provisions in our local ordinance. Background on case - going through points on memo now (memo on file in the OFfice of the City Clerk)).
Plans and technical reports were prepared and given to staff. HIred a third party to review reports. Mr. skelly (geotechnical consultant). The repair work taking place now.wall runs from stairway to the north. The height of wall runs from 23' above Mean Sea Level to the south end and (see memo). Performed 600 foot noticing and - notified Coastal Commission staff. Had discussions to decide who was the proper agency for authority. On June 10th issued permit. Permit will go through regular coastal development permit process with a planning commission hearing. Intention was to report as is required in Municipal Code to Planning Commission. Risk - based on analysis and outside peer review would recommend that wall is warranted.
Packard - conditions were placed on contractor in taking care of environmental concerns. Yes, said Neu - item by items were not listed. Listen to all of Neu's response. In terms of emergency permits - rarely involved said Neu.
Method of construction was scrutinized.
Lewis - was discussed who has jurisdiction - coastal commission represents state and gave city of carlsbad jurisdicition over this.
Applicant has followed all guidelines established by Planning Director and Muncipal code per Ball.
Todd Cardiff, now called forward. Want to address interpetation of Coastal Act. Whether you have power despite LCP to look at this and overturn decision of Planning Director. It specifies any permit issued by local issue shall be scheduled for an agenda. If at that meeting if 1/3 shall request - permit shall not be granted.
Lewis - lawyers have difference of opinion.
Council decision - requesting that Council look at this and look at own LCP to see what an emergency is and look at this under regular CDP instead of emergency.
suggested that temporary fix be in place until the applicant goes through the coastal development process.
Kulchin - under 30264 - 1/3 of governing officials to make determination.
Dustin Rosa - sharing photos with Council. Permit was a violation of permit process. Been numerous OCEA violations - unsafe conditions at construction site. In summary hope this reaches your concience.
Ray Files, Carlsbad, came forward to address Council. Contractor on this job. We have been inspected by City personnel from beginning to end. Geologist and on site inspector present during the time the concrete pour was taking place. Project is extremely safe. Hired a full time safety inspector. Just inspected today by Fish and Game, state parks and staff.
Most people are support of project. Tried to minimize work zone to very small area.
Dean Goetz, Carlsbad, came forward to address Council. Marshall Silver is neighbor. This is a joint project. Neither one wanted to build a seawall. No one wants to spend $500,000 on backyard. Provided photos showing bluff failure. David Skelly is geologist on this job. He estimated that 150 cubic yards of dirt that fell straight down. Spoke with surfer regarding the bluff fall. surfer stated that there are surfers who had their boards against the bluff.
Hard time knowing that someone could die below my house.
An emergency situation.
This is a dangerous situation.
Lady - speaking about erosion of bluff. A surfer of that area. Emergency permit was not warranted and and EIR should have been prepared. Seawalls speed up beach erosion.
So far the only thing the wall is protecting is the property.
lewis - ball please explain process again. Ball - my advise is - you have testimony of Planning Director followed local law and Municipal Code and noticing. If two or more of Council Members are interested in hearing this further we can put on future docket. If not, then nothing needed further.
Packard - confirmed if two or more Council members feel that Planning Director erred in his determination - that would prompt the item to be agendized.
Lewis - is there a motion to bring it back.
Blackburn - I wanted to comment - right after bluff failure occurred - I saw posted signs. I still saw a mom allowing a child to climb on the dirt. In support of Planning Director's decision. Want to make sure that City representative that all rules are being followed by contractor.
Packard - will support staff. Separate issue - is contractor following proper protocol of following construction standards.
Kulchin - agree with colleagues.
Lewis - once Coastal Commission staff gave us the approval. concur with what Planning Director has done.
Reports. Blackburn - attended Buena Vista Lagoon Meeting. Packard - league of CA Cities - legislature looking at robbing from GAS tax.
Second item is this Thursday is NCTD Board Meeting.
Lewis - want resolution.
Hall - attended meeting with Sanders and other Mayors - how to make point that State has to fix their own house.
Hall - on Monday night Mr. Garuba and Mr. Donnell attended Del Mar Council Meeting regarding NRG. Wednesday night at Cardiff. Thanked Scott and Joe for time and dedication on presentations.
Solana Beach not Cardiff said Kulchin.
Kulchin reminded folks of TGIF.
Lewis - meeting with Camp Pendleton for desalination plant.
Adjournment at 9:08 p.m.
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.
Jun 16, 2009 City Council, Carlsbad Municipal Water District Board and Housing and Redevelopment Commission Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:01:36)
LEGISLATIVE INVOCATION:
By Lewis.
PLEDGE OF ALLEGIANCE:
By Blackburn
Closed Session Announcement.
PRESENTATIONS: Proclamation Presentation in Recognition of Dump the Pump Public Transit Day
Council Member Hall presented a Proclamation in recognition of Transportation "National Dump the Pump Day". Presented to Council Member Hall - June 18th the actual Dump the Pump date.
Council Member Packard presenting Proclamation to NCTD Board.
1. AB #19,852 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Friends of the Arts and appropriating the funds to the Cultural Arts Office TGIF Jazz in the Parks donation account. Resolution No. 2009-136. ACTION:
AB19,852
Consent item pulled. Peter Gordon came forward to recognize the Carlsbad Friends of the Arts.
Kevin Mudd, President of the Carlsbad Friends of the Arts came forward and spoke about the Organization dedicated to promoting programs at the Carlsbad Arts Program. Presented $20,000 to help fund the TGIF Jazz in the Parks program.
New TGIF T-shirt given to the Council Members.
2. AB #19,853 - AUTHORIZATION TO APPLY FOR A GRANT FROM THE CALIFORNIA LIBRARY LITERACY SERVICE. Authorizing the Carlsbad City Library to apply for a grant from the California Library Literacy Service and to accept any award of grant funds. Resolution No. 2009-137. ACTION:
AB19,853
3. AB #19,854 - AWARD OF CONTRACT. Accepting bids and awarding a contract to All American Asphalt for construction of the 2009 Slurry Seal Project, Project No. 6001-09SS Resolution No. 2009-138. ACTION:
AB19,854
4. AB #19,855 - APPROVAL OF PARTICIPATION IN THE AGUA HEDIONDA LAGOON TOTAL MAXIMUM DAILY LOAD DEVELOPMENT COST SHARE AGREEMENT. Approving a cost-share agreement for the Total Maximum Daily Load (TMDL) Development for indicator bacteria and sedimentation/siltation in Agua Hedionda Lagoon. Resolution No. 2009-139. ACTION:
AB19,855
5. AB #19,856 - APPROVAL OF AGREEMENT FOR PHOTOGRAMMETRIC AND MAPPING SERVICES. Approving an agreement for professional photogrammetric and mapping services with Digital Mapping, Inc.; and, approving a nine-agency consortium MOU for cost-sharing of the photogrammetric and mapping services. Resolution No. 2009-140. ACTION:
AB19,856
6. AB #19,857 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Sierra Pacific West, Inc. for the construction of Palomar Airport Road Widening at Paseo Del Norte, Project No. 3811. Resolution No. 2009-141. ACTION:
AB19,857
7. AB #19,858 - APPROVAL OF AGREEMENT FOR DESIGN OF HOME PLANT SEWER LIFT STATION. Approving an agreement with PSOMAS for the Home Plant Sewer Lift Station Replacement, Project No. 5509. Resolution No. 2009-142. ACTION:
AB19,858
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion 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.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:12:31)
WAIVER OF ORDINANCE TEXT READING:This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
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.
Gus Calderon, Pilot and Photographer - remote aerial Photographer - Enviroflight cam. Business shut down because RC planes now prohibited in City Parks. Distributed photographs for Council Review. Called Parks and Recreation Department - Mick Calarco - No one has ever been injured from planes. Some neighbors have complained. New planes are electric and only admit about 10 decibals of noise. In flight the citizen can not tell the difference between RC airplanes and real plane. Most planes made of foam. The new ordinance code has given hardship to business.
Packard - are you a member of any of the RC clubs in outlying communities. Yes, not enough time to get to fields. Lewis - do you have liability insurance. Yes, said Mr. Calderon.
Todd Cardiff, representing the Carlsbad Chapter of the Surfrider Foundation. Requesting that the emergency seawall be agendized. Requesting that two of you (Kulchin / Blackburn) do not want the permit to go into effect. Know that Kulchin would like to be a Coastal Commissioner. What's been approved by the Planning Director is a seawall for two residences (46 feet away from bluff edge). Justification for seawall is public safety. Under an emergency permit only lasting 30 days. Can prevent injury by posting signs telling public to stay away from bluff. What has been granted is a permanent sea wall without going through the public process to see if CUP is warranted.
City Attorney Ball - advise to make a motion (law is to flexible enough to add the item to the agenda). If Council makes this motion - can add to foot of agenda and discuss at that time. Add to foot of agenda for review.
Make a motion now - 5/0 ( who made motion).
Kulchin - Calderon spoke about the planes - should we refer the item to staff for additional information.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL, MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION
At 6:23 p.m.
CITY OF CARLSBAD CITY COUNCIL
AND
MUNICIPAL WATER DISTRICT BOARD
AND
HOUSING AND REDEVELOPMENT COMMISSION
JOINT SPECIAL MEETING AGENDA
JUNE 16, 2009
6:00 P.M.
CALL TO ORDER:
6:23 p.m.
ROLL CALL:
All Present.
PUBLIC HEARING:
8. AB #19,859 - 2009/2010 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS. To consider adopting the final Operating Budgets for 2009/2010 for the City, the Municipal Water District, and the Redevelopment Agency, and appropriating funds for the 2009/2010 Capital Improvement Program; and, To consider adopting the Gann spending limit for the City for Fiscal Year 2009/2010; and, To consider adopting changes to the Master Fee Schedule; and, To consider approving the City's share of the Operating and Capital Budgets for 2009/2010 for the Encina Wastewater Authority; and, To consider approving adjustments to the 2008/2009 Operating Budgets of the City and Housing and Redevelopment Commission; and, To consider approving a new Municipal Water District position classification of Scada Technician. City Council Resolution Nos. 2009-143, 2009-144, 2009-145, 2009-146 and 2009-147. Municipal Water District Resolution Nos. 1358 and 1359. Housing and Redevelopment Commission Resolution Nos. 468 and 469. COUNCIL ACTION: BOARD ACTION: COMMISSION ACTION:
AB19,859
Finance Director Lisa Irvine, Budget Manager Judi Vincent and Associate Engineer Steve Jantz presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Gave an overview of Citizen's Budget Workshop
Lewis - we will not be going over water rates . . . .that conversation will take place on the 23rd.
Also going to present Program Options
Spoke about meeting today's economic challenges while laying a solid foundation for the future.
Hall - commented gas tax is a take not a borrow.
Now giving an update on the foreclosures in Carlsbad vs. surrounding communities (in the region).
General Fund revenues being impacted through the recession.
Have revised the budget on revenue side.
Now giving an overview of 10 year forecast.
Operating Budget reviewed.
Gave a breakdown of general fund (41% is public safety).
Taking reductions as moving forward.
Now Steve Jantz presenting the Capital Improvement Projects.
Drainage Improvements: Park Drive Drainage and Street Improvements (look at slides).
Pine Avenue Park Phase 1-B - Restroom and Storage Building.
Recycled Water Projects
Roadway Projects.
Intersection Improvements - PAR and Paseo Del NOrte.
PAR and College.
Major upcoming projects: Widening of ECR; ECR Medians; Vista/Carlsbad Interceptor Sewer/ Agua Hedionda Channel Dredging.
On-going projects - see slide 28.
Spoke about the unfunded projects - about $78 million.
Judi Vincent - spoke about proposed rate and fee changes.
Master Fee Schedule.
Once again said that water rates will be discussed on June 23, 2009.
Development Impact Fees - proposed to be increased by 6.4% - ENR rate as of April 2009. Most of the fees are tied to Ordinances.
Gave details of proposed increased ambulance fees.
Now Lisa Irvine speaking about the three Program Options: For Council consideration. Automated meter reading first.
Technology is now available to transmit meter data electronically.
Spoke about benefits of Meter Reading Program - can reduce staffing; enhance revenues; real time leak detection; decrease generation of greenhouse gases; potential grant funding offsets costs; more frequent water consumption data.
Options are to fund AMR Program. 2nd Option - Fund manual replacement projgram. Option 3 - fund either option 1 or 2 at different funding levels.
Second Program Option - Optimization Study
Option 1 - approve Optimization Study.
Program Option 3 - Sister City Program. Option 1 - eliminate the program - Option 2 - find another community organization to adopt program. Opton 3 - allocate additional city resources to meet committee's requirements.
End of Program Options.
Open Public Hearing at 6:49 p.m. - Bill Arnold, Don Ortega Drive, Carlsbad, came forward to address Council. Thanked Council for continued funding of flood mitigation project.
Lewis - how many homes are left in flood plain (90 just came out). I want to say 240 were in revised plan. About 150 still in flood plain.
Alan Kindle, El Aguila Lane, representing Board of Directors and Members of the Friends of Carrillo Ranch. Advocating the implementation of barn theater and visitors center at Carrillo Ranch. Believe costs will never be lower. 90 % of members live in Carlsbad. Our member look to Council as leaders of the community. At the april 14 Council Meeting staff was asked for more accurate estimates of projects. Only privy to numbers from 2007. These estimates are no longer credible.
No operating issues have been shared. Just build the darn theater and visitors center you will never be sorry. Urged Council to move forward now. Will generate a fresh revenue stream.
Chris Cade, 7513 Colloma Circle, came forward to address Council. Offers recommendations for future years.
Spoke about June 15th memo (on file in the Office of the City Clerk).
Lewis - 7608459223 - work for Council Member Kevin Faulkner.
Mario Monroy, Carlsbad, came forward to address Council. Missed the workshop. Spoke about Pine Park - last night the P&R Commission - an item having to do with Pine Park - had to do with properties purchased on Madison and Chestnut. Started working on this project in 2001. Last property purchased in 2005. Last analysis of what park would cost to run was in 2006.
Cost of the park is in the budget for about $1,900,000 and postponed every year - scheduled to be constructed at buildout in 2015.
Public just wants the park. Nothing specific has been put in as to what is going to be put into the park. The city has demonstrated that we have beautiful landscaping at libraries, city hall and MaGee Park. Told Council that the current construction numbers are unrealistic. Cost of this park would not be near the initial numbers.
Would like to have this added to the budget.
Diane Nygaard, representing Preserve Calavera, there is no funding for open space acquisition or trails. None of the money has been allocated. Staff expected to complete Lake Calavera trails plans. No money set aside for construction of the trails. Set aside 1/3 of $35 million Prop C to purchase open space lands.
City staff on trail safety committee - 5 trail rangers to be included in budget. Have been cut from budget proposal.
Staff showed their is a slight surplus - this could get program started.
Close PH at 7:08 p.m.
Recess at 7:08 p.m.
Reconvene at 7:17 p.m.
Council Now Reviewing - Drainage Improvements - any concerns from Council. Packard - Question regarding design build model - Legal Counsel has prepared - Design Build Model - has this been considered as part of the projects or any future. Jantz - these costs were developed on old model. Hildabrand - these have not taken into account the Design Build process - have not had chance to review and anticipate impacts.
Packard - many of these projects are design stages. If we can facilitate the implementaion of Design Build Model - some numbers will come in at better than what we are looking at. Hildabrand - we will see when we go out to bid on those.
Kulchin - will go out to bid on Design and Build? Yes, said Kulchin. We need to take time to look at process Attorney has recommended.
Hall - All of these will come back to Council at some point during the year for further discussion. Yes, said Hildabrand - everything over $100,000.
Drainage - 5/0. Pine Avenue Park 5/0. Water Distribution System. 5/0. REcycled Water Project 5/0.
Roadway Projects - Camino Hills
Major Upcoming Projects - Hall ECR widening and undergrounding - will find money to do both not just widening. Yes. Said Hildabrand.
Packard - confirmed that median improvements are in same area as widening and undergrounding.
Major Upcoming Projects - 5.
Slide 29 - Packard - one project that was not hi-lited - demolition of old sewer treatment plant budgeted amount is $800,000 - looking to where we can hold onto our money. What is the burning issue to want to spend money to demolish this year?
Jantz - Bill Plummer coming forward to answer.
Plummer - the facility was constructed but not operated in 1985 - city has no functions going on. Has significant mechanical equipment. In recent years there has been a significant amount of vandalism. Concern by staff that if someone gets hurt in there could be a serious problem. Ongoing repairs to fencing. Copper wire being pulled out of the walls.
Packard - trying to hoard every dollar - do not see burning issue for doing this now - would like the item to be pulled out of the CIP.
Kulchin - are you concerned with someone being harmed in the facility. More concern of someone getting hurt inside there.
Packard - is anything different than two yers ago.
Blackburn - when I had a tour of facility there was equipment that could be sold. What is value of the equipment? Plummer - good condition equipment - do not know the value - maybe $100,000.
Lewis - in reference to the skateboarders - will everything be taken out - even foundation. Will end up with dirt pad per Plummer.
Motion by Packard to not demolish for $800,000 - second by Hall. 4/1 - Kulchin NO!
Kulchin - spoke about Pine Avenue Park.
Brian Albright - the long term plan for Madison property is an ornamental garden $2 million value. Spoke about much less costly temporary uses for the property.
Hall - this to will go through the process and come back as a stand alone project? Hildabrand - we have a goal to look at unused property - if there is an opportunity to move forward to generate revenues - find funding source and generate revenue.
Lewis - in reference to Leo Carrillo Barn and Visitors Center how much? Albright - project is approximatley $500,000 - we have internally tried to re-cost the project. Recent patio expansion came in 15% less. That type of facility does not follow typical construction business.
Lewis - make motion to add $500,000 to complete the project. Hall - I agree. Can it come back with the specifics.
Hildabrand - I would like to remind Council that our projects have different funding sources. Can't we borrow from those funds asked Lewis. No - said Hildabrnd.
Lewis - Now reviewing 2009-2010 fees - want to put a hold on DIF's for one year. This would not be a permanent hold. - All thumbs up.
Packard - (CPI was 3.5%) suggesting that General City Fees and Development Related Services Fees - to come back to Council. Irvine confirmed that staff will come back to Council and show fiscal impacts if moratorim held on all fees.
Slide 35 - Blackburn support increase in ambulance fees. Packard - can anyone tell me what the predominant reimbursement rate is? Linda Allington - currently reimbursed at about $460 for routine. Level 2 - billing at 618 and medicare will pay $680.
Packard - can suport ambulance rate.
Hall - who pays balance of what Medicare does not pay. Allington - Private Carrier insurances do pick up additional funds.
Hall - there will be a difference of what the citizen has to pay vs. what they are being covered. Allington - Medicare pays 80% - Individual or secondary insurance pick up $20%.
Ambulance Rates - 5/0 thumbs up.
Automated Meter Reading - can we continue this portion to Water Rates on June 23rd. Packard - two questions - Potential funding through a grant - can we apply for grant without starting program. If we get grant can we then start program? What is our current loss rate from non-operating meters? Cari Dale - Grant allows you to recoup or you can apply - yes said DAle. Loss Rate - our loss rate under 4%.
Optimization Study - Kulchin - I would love to be a consultant one day. I think we have a professional staff and they can do the study. Staff to be empowered. I think we have people here who can do this. Blackburn - would rather send own personnel for training.
Packard - difficult for individuals running program to see where the weaknesses are what improvements can be made. See outside set of eyes to accurately see what needs to be improved.
Hall - Would like this to brought back a year from now. Save money. Lewis - concur with Kulchin and Blackburn. Decision not to fund.
Sister City Program - Recieved letters - No, I didn't!!!!!!
Kulchin - was here when this program started. Received a letter suggesting that the Organization apply for a 5013(c). Would suggest that we continue the Committee and that we work on getting the 5013c designation.
Hall - concur with Ms. Kulchin - would like to work to get them to non-profit status.
Blackburn - need better microphones.
Blackburn - want to continue help them until they get help. Keep program for one more year but reduce funding to $3,000. Motion by Kulchin 5/0
Storm Water & Library Fees Now.
Irvine - 4 library fees to be proposed to be change. Listen for the categories information is in master fee schedule.
Blackburn - would like to add Library fees to one year moratorium to fees.
Packard - support staff's recommendation fees. Hall and Kulchin - support Blackburn.
Lewis - Agree with Dr. Packard. Kulchin motion - 3/2 (Lewis/Packard). Will remove increase.
City Clerk Fees - proposing to increase Municipal Code Fees - listen to these.
Municipal Code Supplement service. - 5/0 passed.
Carrillo Ranch hourly rental fees / Packard - I thought P&R are returning at a later date. Albright - it our recommendation that P&R fees will all come back based on Pyramid.
CAble Channel Administration Fee. - Approved 5/0.
Water Service Fee - same day service turn on - new fee? 5/0. approved.
Street Light Energizing Fees - to set structure of fees 70watt or listen to this. For connecting light to SDG&E service point. This fee will be charged to Hauser - fee charged to developers - this will cover cost to energize street ight and including in the LL District - 5/o.
Fish and Game Fee (listen to amount). EIR Fee - 2756 to 2818 - 5/0.
Restructuring of storm water plan - 5/0 fees.
GIS aerial photography fee - fee would be 75 per tile and topographic contours line fee $75 per = 5/0.
Development impact fees on the large meters - were removed from master fee schedule need to add them to the fee schedule - the 11/2 - 18850. 2" 30230. 3# 66126. Lewis - confirmed meters are for industrial. Bring this back next week please to confirm if it is in industrial. Packard - can you bring back inforamtion on how much and why it was deleted in the past.
CA will return with documents regarding fees. Irvine confirmed that staff recommendation. Blackburn - thanked staff. Packard - need to be prudent. Hall - thanked staff. Need to continue supporting Safety Services. Kulchin - also thanking staff and Council.
Lewis - motion.
Motion to approve 8. AB #19,859 - 2009/2010 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS. To consider adopting the final Operating Budgets for 2009/2010 for the City, the Municipal Water District, and the Redevelopment Agency, and appropriating funds for the 2009/2010 Capital Improvement Program; and, To consider adopting the Gann spending limit for the City for Fiscal Year 2009/2010; and, To consider adopting changes to the Master Fee Schedule; and, To consider approving the City's share of the Operating and Capital Budgets for 2009/2010 for the Encina Wastewater Authority; and, To consider approving adjustments to the 2008/2009 Operating Budgets of the City and Housing and Redevelopment Commission; and, To consider approving a new Municipal Water District position classification of Scada Technician. City Council Resolution Nos. 2009-143, 2009-144, 2009-145, 2009-146 and 2009-147. Municipal Water District Resolution Nos. 1358 and 1359. Housing and Redevelopment Commission Resolution Nos. 468 and 469. COUNCIL ACTION: BOARD ACTION: COMMISSION ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,859 - 2009/2010 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS. To consider adopting the final Operating Budgets for 2009/2010 for the City, the Municipal Water District, and the Redevelopment Agency, and appropriating funds for the 2009/2010 Capital Improvement Program; and, To consider adopting the Gann spending limit for the City for Fiscal Year 2009/2010; and, To consider adopting changes to the Master Fee Schedule; and, To consider approving the City's share of the Operating and Capital Budgets for 2009/2010 for the Encina Wastewater Authority; and, To consider approving adjustments to the 2008/2009 Operating Budgets of the City and Housing and Redevelopment Commission; and, To consider approving a new Municipal Water District position classification of Scada Technician. City Council Resolution Nos. 2009-143, 2009-144, 2009-145, 2009-146 and 2009-147. Municipal Water District Resolution Nos. 1358 and 1359. Housing and Redevelopment Commission Resolution Nos. 468 and 469. COUNCIL ACTION: BOARD ACTION: COMMISSION ACTION: (Approved) (Recorded at 02:24:03)
Recess at 8:23 p.m. BAck at 8:25 p.m.
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
Back to Council and now adding new item.
City Attorney Ron Ball gave background on provisions of adding an item to the Agenda.
Don Nue Planning Director briefing Council on issue. There appears to be a conflict between Local and State legislation. Local law has been accepted by Coastal Commission said Ball.
Don Neu - now explaining issue. Staff did process an emergency Coastal Development Permit per provisions in our local ordinance. Background on case - going through points on memo now (memo on file in the OFfice of the City Clerk)).
Plans and technical reports were prepared and given to staff. HIred a third party to review reports. Mr. skelly (geotechnical consultant). The repair work taking place now.wall runs from stairway to the north. The height of wall runs from 23' above Mean Sea Level to the south end and (see memo). Performed 600 foot noticing and - notified Coastal Commission staff. Had discussions to decide who was the proper agency for authority. On June 10th issued permit. Permit will go through regular coastal development permit process with a planning commission hearing. Intention was to report as is required in Municipal Code to Planning Commission. Risk - based on analysis and outside peer review would recommend that wall is warranted.
Packard - conditions were placed on contractor in taking care of environmental concerns. Yes, said Neu - item by items were not listed. Listen to all of Neu's response. In terms of emergency permits - rarely involved said Neu.
Method of construction was scrutinized.
Lewis - was discussed who has jurisdiction - coastal commission represents state and gave city of carlsbad jurisdicition over this.
Applicant has followed all guidelines established by Planning Director and Muncipal code per Ball.
Todd Cardiff, now called forward. Want to address interpetation of Coastal Act. Whether you have power despite LCP to look at this and overturn decision of Planning Director. It specifies any permit issued by local issue shall be scheduled for an agenda. If at that meeting if 1/3 shall request - permit shall not be granted.
Lewis - lawyers have difference of opinion.
Council decision - requesting that Council look at this and look at own LCP to see what an emergency is and look at this under regular CDP instead of emergency.
suggested that temporary fix be in place until the applicant goes through the coastal development process.
Kulchin - under 30264 - 1/3 of governing officials to make determination.
Dustin Rosa - sharing photos with Council. Permit was a violation of permit process. Been numerous OCEA violations - unsafe conditions at construction site. In summary hope this reaches your concience.
Ray Files, Carlsbad, came forward to address Council. Contractor on this job. We have been inspected by City personnel from beginning to end. Geologist and on site inspector present during the time the concrete pour was taking place. Project is extremely safe. Hired a full time safety inspector. Just inspected today by Fish and Game, state parks and staff.
Most people are support of project. Tried to minimize work zone to very small area.
Dean Goetz, Carlsbad, came forward to address Council. Marshall Silver is neighbor. This is a joint project. Neither one wanted to build a seawall. No one wants to spend $500,000 on backyard. Provided photos showing bluff failure. David Skelly is geologist on this job. He estimated that 150 cubic yards of dirt that fell straight down. Spoke with surfer regarding the bluff fall. surfer stated that there are surfers who had their boards against the bluff.
Hard time knowing that someone could die below my house.
An emergency situation.
This is a dangerous situation.
Lady - speaking about erosion of bluff. A surfer of that area. Emergency permit was not warranted and and EIR should have been prepared. Seawalls speed up beach erosion.
So far the only thing the wall is protecting is the property.
lewis - ball please explain process again. Ball - my advise is - you have testimony of Planning Director followed local law and Municipal Code and noticing. If two or more of Council Members are interested in hearing this further we can put on future docket. If not, then nothing needed further.
Packard - confirmed if two or more Council members feel that Planning Director erred in his determination - that would prompt the item to be agendized.
Lewis - is there a motion to bring it back.
Blackburn - I wanted to comment - right after bluff failure occurred - I saw posted signs. I still saw a mom allowing a child to climb on the dirt. In support of Planning Director's decision. Want to make sure that City representative that all rules are being followed by contractor.
Packard - will support staff. Separate issue - is contractor following proper protocol of following construction standards.
Kulchin - agree with colleagues.
Lewis - once Coastal Commission staff gave us the approval. concur with what Planning Director has done.
Reports. Blackburn - attended Buena Vista Lagoon Meeting. Packard - league of CA Cities - legislature looking at robbing from GAS tax.
Second item is this Thursday is NCTD Board Meeting.
Lewis - want resolution.
Hall - attended meeting with Sanders and other Mayors - how to make point that State has to fix their own house.
Hall - on Monday night Mr. Garuba and Mr. Donnell attended Del Mar Council Meeting regarding NRG. Wednesday night at Cardiff. Thanked Scott and Joe for time and dedication on presentations.
Solana Beach not Cardiff said Kulchin.
Kulchin reminded folks of TGIF.
Lewis - meeting with Camp Pendleton for desalination plant.
Adjournment at 9:08 p.m.
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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