Video index
CALL TO ORDER: 6:00 P.M.
Roll call (4 Present, 1 Absent, 0 Excused) (Recorded at 00:03:12)
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:03:43)
Minutes of the Special Meeting held December 1, 2009.
Minutes of the Regular Meeting held December 1, 2009.
Minutes of the Joint Special Meeting held December 1, 2009.
PRESENTATIONS:
Retirement Proclamation Presentation to Barbara Nedros.
Council Member Hall presented a retirement proclamation to Barbara Nedros.
Barbara thanked Council for the opportunity to work for the City of Carlsbad.
Parks Planner Liz Ketabian gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk) recognizing sponsors of the Adopt-A-Trail Program.
Ms. Ketabian recognized corporate sponsors, Henrys Farmers Market for the Lake Calavera trails clean up event and Jimbos Naturally for the La Costa Glen Trail Signage Project.
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 .
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 00:18:26)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #20,071 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center. Resolution No. 2009-314. ACTION:
AB 20,071
Items 2-10
Becky Moore President of the Carlsbad Library Foundation introduced Neal Black as the incoming Foundation President.
Ms. Moore presented the Carlsbad Library a check for $50,000 - funds provided for the naming rights opportunity for the Learning Center. Additional funds were raised from the mini-golf event.
Motion to approve 1. AB #20,071 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center. Resolution No. 2009-314. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 1. AB #20,071 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center. Resolution No. 2009-314. ACTION: (Approved) (Recorded at 00:21:16)
2. AB #20,072 - ACCEPTANCE OF DONATION. Accepting a donation of in-kind products and services in support of the 2009 Pumpkin Plunge Special Event. Resolution No. 2009-315. ACTION:
AB 20,072
3. AB #20,073 - ACCEPTANCE OF DONATION. Accepting a donation in support of the Adopt-A-Trail Program. Resolution No. 2009-316. ACTION:
AB 20,073
4. AB #20,074 - AUTHORIZE OUT-OF-STATE TRAVEL. Authorizing out-of-state travel for the Recreation Services Manager to attend the National Parks and Recreation Association Revenue Development and Management School, March 14-19, 2010 in Wheeling, West Virginia. Resolution No. 2009-317. ACTION:
AB 20,074
5. AB #20,075 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Bert W. Salas, Inc., for the reconstruction of the Encinas Creek Bridge, City Project No. 3919. Resolution No. 2009-318. ACTION:
AB 20,075
6. AB #20,076 - ADVERTISE FOR BIDS. Approving plans and specifications for the Palomar Airport Road Right Turn Lane to Melrose Drive Project; and, authorizing the City Clerk to advertise for bids, Project No. 6012. Resolution No. 2009-319. ACTION:
AB 20,076
7. AB #20,077 - APPROVE AGREEMENT FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT. Approving an agreement with Helix Environmental Planning, Inc. for the preparation of an Environmental Impact Report (EIR 09-02), approving an agreement with Plaza Camino Real for payment of the fees associated with the preparation of the EIR; and authorizing the City Manager to execute the agreements (SP 09-01/SDP 09-04/SUP 09-07). Resolution No. 2009-320. ACTION:
AB 20,077
8. AB #20,078 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for repair of a storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street, Project No. 6607. Resolution No. 2009-321. ACTION:
AB 20,078
9. AB #20,079 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's report on City Investments as of November 30, 2009. ACTION:
AB 20,079
10. AB #20,080 - REPORT OF SETTELEMENT AGREEMENT. Reporting out the settlement agreement of Armenta et al V. James Jones Company. ACTION:
AB #20,080
ORDINANCE FOR INTRODUCTION:
11. AB #20,081 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE RELATED TO SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, COASTERS, TOY VEHICLES AND SIMILAR FORMS OF TRANSPORTATION. To consider amending Chapter 10.58 of the Carlsbad Municipal Code pertaining to skateboards, rollerblades, roller skates, coasters, toy vehicles and similar forms of transportation. Introduction of Ordinance No. CS-073. ACTION:
AB #20,081
City Attorney Ron Ball provided a brief explanation regarding the amendment of the ordinance relating to skateboarding in Carlsbad. The amendment adds rollerblades and rollerskates and similar forms of transportation. Mr. Ball recommended the ordinance on its face so that 10.58.020 when refereing to redevelopment zone " the Village Review Zone or any successor zone."
City Attorney Ron Ball titled the Ordinance.
Motion to approve 11. AB #20,081 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE RELATED TO SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, COASTERS, TOY VEHICLES AND SIMILAR FORMS OF TRANSPORTATION. To consider amending Chapter 10.58 of the Carlsbad Municipal Code pertaining to skateboards, rollerblades, roller skates, coasters, toy vehicles and similar forms of transportation. Introduction of Ordinance No. CS-073. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 11. AB #20,081 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE RELATED TO SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, COASTERS, TOY VEHICLES AND SIMILAR FORMS OF TRANSPORTATION. To consider amending Chapter 10.58 of the Carlsbad Municipal Code pertaining to skateboards, rollerblades, roller skates, coasters, toy vehicles and similar forms of transportation. Introduction of Ordinance No. CS-073. ACTION: (Approved) (Recorded at 00:24:09)
ORDINANCES FOR ADOPTION:
12. AB #20,082 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY PLANNING COMMISSION. Adopting Ordinance No. CS-071, amending Section 2.24.065 of the Carlsbad Municipal Code to eliminate General Plan Conformance Findings by the Planning Commission for certain specified matters. ACTION:
AB #20,082
City Attorney Ron Ball titled the Ordinance.
Motion to approve 12. AB #20,082 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY PLANNING COMMISSION. Adopting Ordinance No. CS-071, amending Section 2.24.065 of the Carlsbad Municipal Code to eliminate General Plan Conformance Findings by the Planning Commission for certain specified matters. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 12. AB #20,082 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY PLANNING COMMISSION. Adopting Ordinance No. CS-071, amending Section 2.24.065 of the Carlsbad Municipal Code to eliminate General Plan Conformance Findings by the Planning Commission for certain specified matters. ACTION: (Approved) (Recorded at 00:25:02)
13. AB #20,083 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TITLE 2 - PARKS AND RECREATION COMMISSION AND TITLE 11 - TREES AND SHRUBS. Adopting Ordinance No. CS-072, amending Section 2.36.075 of the Carlsbad Municipal Code related to additional duties of the Parks and Recreation Commission; and, amending Sections 11.12.030-11.12.100, 11.12.120-11.12.130, and 11.12.150-11.12.160 of the Carlsbad Municipal Code related to trees and shrubs. ACTION:
AB #20,083
City Attorney Ron Ball titled the Ordinance.
Motion to approve 13. AB #20,083 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TITLE 2 - PARKS AND RECREATION COMMISSION AND TITLE 11 - TREES AND SHRUBS. Adopting Ordinance No. CS-072, amending Section 2.36.075 of the Carlsbad Municipal Code related to additional duties of the Parks and Recreation Commission; and, amending Sections 11.12.030-11.12.100, 11.12.120-11.12.130, and 11.12.150-11.12.160 of the Carlsbad Municipal Code related to trees and shrubs. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 13. AB #20,083 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TITLE 2 - PARKS AND RECREATION COMMISSION AND TITLE 11 - TREES AND SHRUBS. Adopting Ordinance No. CS-072, amending Section 2.36.075 of the Carlsbad Municipal Code related to additional duties of the Parks and Recreation Commission; and, amending Sections 11.12.030-11.12.100, 11.12.120-11.12.130, and 11.12.150-11.12.160 of the Carlsbad Municipal Code related to trees and shrubs. ACTION: (Approved) (Recorded at 00:26:19)
PUBLIC COMMENT:
Mayor Lewis requested and Council concurred to hear Item No. 17 out of order.
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.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD
CITY COUNCIL
AND
HOUSING AND REDEVELOPMENT COMMISSION
JOINT SPECIAL MEETING AGENDA
DECEMBER 22, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL REPORT:
17. AB #20,085 - RESPONSE TO CALIFORNIA ENERGY COMMISSION'S FINAL STAFF ASSESSMENT ON THE CARLSBAD ENERGY CENTER PROJECT. City Council consider approving the determination that the proposed Carlsbad Energy Center Project is inconsistent with all applicable local and related land use laws, ordinances, regulations, and standards and poses serious impacts to the health, safety, and quality of life to the community at large; and Commission consider accepting the City Council's determination that the proposed Carlsbad Energy Center Project is inconsistent with applicable local and related land use laws, ordinances, regulations, and standards and poses serious impacts to the helath, safety, and quality of life to the commuinty at large, and approving the determination that said project does not comply with the South Carlsbad Coastal Redevelopment Plan. Council Resolution No. 2009-323, Commission Resolution No. 482. ACTION:
AB #20,85
Senior Planner Scott Donnell, Municipal Projects Manager and Housing and Redevelopment Director gave the staff report and PowerPoint presentation (on file in the office of the City Clerk).
Mr. Garuba also showed Council a video (not on file in the Office of the City Clerk) that depicted the scope and size of the proposed power plant in relation to the Caltran's future widening of Interstate 5.
Ronald Rouse, from Luce, Forward, Hamiltona nd Scripss representing Cabrillo Power came forward to address the Council/Commission.
Mr. Rouse stated the applicant disagrees with the City's disagreement with the California Energy Commission's final staff assessment report. Mr. Rouse also referenced (again) the San Diego County Air Pollution Control District's consent of the proposed power plant. Mr. Rouse stated the amounts of pollution are below the set standard set the the Air Pollution Control District. The CEC allows for the current requirement of three of the older existing power plant.
Kasey Cincarelli of Carlsbad came forward to address the Council/Commission. Ms. Cincarelli stated that staff was working one-sided on this project and needed to be neutral. She recognized that the older plant will be dismantled. Would like to see the city take a balanced approach.
Council/Commission Member Blackburn asked about the air pollution and its cancer risk.
Mr. Garuba stated that staff would return to Council in the future regarding air quality. Mr. Garuba explained that one threshold is one per million. The proposed power plant emissions are in the threshold.
Motion to approve approval of Council and HOusing and Redevelopment Resolutions. Moved by , seconded by .
Vote to approve approval of Council and HOusing and Redevelopment Resolutions. (Approved) (Recorded at 00:52:21)
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
Reconvene Council Meeting
PUBLIC HEARING:
Mr. Ball provided a brief explanation on why the Housing Element was being updated and what the Council/Commission were being asked to review and vote on. (Get brief synopsis of Ron's explanation (not approving individual housing projects.
14. AB #20,084 - 2005-2010 HOUSING ELEMENT. To consider adopting a mitigated negative declaration and mitigation monitoring and reporting program; and, approving a General Plan Amendment (GPA 03-02) to adopt the update of the Housing Element for the City of Carlsbad for the 2005-2010 Housing Cycle. Resolution No. 2009-322. ACTION:
AB #20,084
Principal Planner Scott Donnell gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Veronica Tam (Veronica Tam consultant) providing assistance on this project.
Mr. Donnell reviewed the process that was undertaken to review the housing element and make suggested changes.
Mr. Donnell reviewed the sex sections of the proposed housing element for Council.
Successful programs have been carried forward and new programs proposed. The proposed changes to the housing element comply with the regional housing needs alocation numbers supplied by SANDAG. Mr. Donnell reviewed compliance items. 12 units per acres suitable for moderate income families; 20 unites per acre suitable for lower income families. 566 units do not comply with the RHNA - underutilized. Mr. Donnell reviewed site selection compliance issues. Environmental issues (land set aside as OS) provide one of the site constraints. Mr. Donnell reviewed program 2.1 that identified proposed changes to the housing element to meet the RHNA requirements.
Mr. Donnell referenced two developer efforts to assist with meeting the RHNA requirements.
housing element only target the 100 acre piece of land not the 57 acre piece.
city is required to provide the opportunity to develop the properties for moderate/low income. Mr. Donnell stated however, that it is anticipated that a developer will build at (get this ???).
Quarry Creek is protected by habitat preserve areas. The site is restricted/prohibited from development. The HMP recognizes that Quarry Creek is designated for development as well.
70 acres designated to residential development. potential Smart Growth Site designation by SANDAG..
Mr. Donnell referenced Planning Commission comments regarding the Quarry Creek site.
6/30/2010 represented the end of the current housing cycle, also recognizes the state housing law that takes effect.
staff believes that quarry creek as well as any property has constraints. It is necessary for the city to comply with state housing law to remove the constraints the city can control to determine that the site is available during the housing cycle. Housing cycle has been changed SB 575 to end in December 31, 2012.
bridges at aviara (pontebello). private proposal that has been counted, the element does not approve the project. Staff will need to find an alternative site to cover the 76 units if Council does not approve the future project.
Mr. Donnell addressed the ramifications of not certifying the housing element.
Mayor Lewis opened the duly noticed Public Hearing at 7:26 p.m.
Walt Meier of Carlsbad came forward to address Council. Mr. Meier stated he was opposed to any changes to the Housing Element in the Quarry Creek area.
Richard Russell of Carlsbad came forward to address Council. Mr. Russell stated he was opposed to the mitigated negative declaration of the Housing Element.
Council Member Hall asked for clarification from Mr. Russell regarding any specific area being addressed by him in Carlsbad.
Julie Leader of Carlsbad came forward to address Council. Ms. Leader spoke in opposition to to the Housing Element stated the City, will then approve "Spot Zoning." Specifically addressed the proposed "Pontebello" project. Stated Council did not have the appropriate EIR information regarding specific projects.
Wendy Himan of Carlsbad came forward to address Council. Ms. Hinman stated she was opposed to the proposed changes to the Quarry Creek property of the Housing Element. She said she would like to see the City preserve El Salto Falls.
Jeanie Chapman of Carlsbad came forward to address Council. She asked staff for a map indicating where affordable housing is located within the city. Ms. Chapman stated she was opposed to the proposed changes to the proposed "Pontebello" area of the Housing Element. She cited increased traffic issues in this neighborhood.
Joan Brubaker of Oceanside came forward to address Council. Ms. Brubaker spoke in opposition of proposed changes to the Housing Element in the Quarry Creek area. She suggested that Council consider preserving El Salto Falls.
Sranti Passa representing the Carlsbad High Green Club came forward to address Council. She spoke in opposition to the Housing Element. She requested that Council preserve the El Salto Falls area.
Genivive Green, Carlsbad High School Green Club came forward to address Council. Ms. Green presented Council with a petition with 300 signatures. She spoke in opposition to the Housing Element.
Andrew Carsans of Carlsbad came forward to address Council. Mr. Carsans spoke in opposition to the Housing Element. Specifically addressed the Buena Vista Valley.
Jay Claufenstein of Carlsbad came forward to address Council. Mr. Claufenstein spoke in opposition to the Housing Element and asked Council to preserve the Buena Vista Valley area and El Salto Falls.
Dennis Huckabay of Oceanside, representing the Buena Vista Audubon Society, came forward to address Council. Mr. Huckabay stated he was in opposition to the Housing Element. He suggested that Council preserve the Buena Vista Creek Valley and El Salto Falls.
Socorro Anderson of Carlsbad came forward to address Council. Ms. Anderson spoke in support of the Housing Element.
De Ann Weimer, representing Friends of Aviara of Carlsbad came forward to address Council. She requested that Council refrain from taking any action on the Housing Element or to deny the mitigated negative declaration.
Mel Vernon representing the San Luis Rey Band of Mission Indians came forward to address Council. Mr. Vernon spoke in opposition to the Housing Element. He would like to see the Council preserve the Buena Vista Valley Creek and El Salto Falls area.
Council Member Hall asked if Mr. Vernon was part of the reclamation process in the Buena Vista Valley area.
Mr. Vernon stated that it is difficult to determine how the reclamation project is progressing.
Mr. Hall asked if the relcamation plan protected the falls.
Mr. Vernon replied that the people will impact the Falls. The Falls are not designated to be destroyed. He stated he has not seen the final plan.
Shelly Hayes Carron came forward to address Council. Ms. Carron spoke in opposition to the proposed changes to the Buena Vista Valley area of the Housing Element. Housing Element does not address the national historic value of the Marron Hayes Adobe.
Council Member Blackburn asked for clarification from Ms. Carron on the proper name. Buena vista Creek Valley.
Mary Ann Viney of Carlsbad representing Preserve Calavera came forward to address Council.Ms. Viney presented a video that explained the historic element of the Buena Vista Creek Valley area of the Housing Element.
Carl Souza of Oceanside came forward to address Council. Mr. Souza stated that there was thousands of gallons of fuel stored on the Buena Vista Creek Valley site years ago. Mr. Souza stated that the soil in this area contains MTBE and Benzine. He said that there is potential for these two items to be released in the atmosphere if housing is placed in the Buena Vista Valley Creek area.
Ann Hallock of Carlsbad came forward to address Council. Mr. Hallock spoke in opposition to the proposed changes to the Buena Vista Valley Creek are of the Housing Element. She addressed that MTBE was still contained in this area is high levels. She requested that this area be removed from the Housing Element.
Don Christianson of Carlsbad came forward to address Council. Mr. Christianson gave a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Christianson spoke in opposition to the proposed changes to the Buena Vista Valley Creek area of the Housing Element. He urged the Council to preserve El Salto Falls.
Mr. Christianson suggested that land owned by the Encina Wastewater Authority located directly across from the Poinsettia Coaster Station, could replace the Buena Vista Valley Creek area in the Housing Element. Mr. Christianson suggested that a workshop be held to reachout for public input.
Gary Nessim of Carlsbad came forward to address Council. Mr. Nessim spoke in opposition to the proposed changes to the Buena Vista Valley Creek area to the Housing Element and suggested that Council increase the density in other Carlsbad areas by 15%.
Karen Merrill of Carlsbad representing Preserve Calavera came forward to address Council. She addressed two legal briefs submitted to the City on June 29, 2009 and stated that Council needed to consider these legal items as it made its decision. Preserve Calavera is not opposed to affordable housing. Preserve Calavera is opposed to 500 homes being placed in the Buena Vista Creek Valley area.
Ann Gunther of the Lightfoot Planning Group representing Hanson properties came forward to address Council. She said that Hanson is responsible for reclamation of the property to leave the land is a useable state as designated by the State. Hanson is also conducting the remediation program under the authority of Environmental Health. The project is on tract to have clean soils and ground water on the site for use as designated by the City. Appropriate actions are being taken under regulatory review.
Mayor Pro Tem Kulchin asked for detail regarding the remediation of the benzine in the soil.
Ms. Gunther stated that soils test show that there is no benzine in the soils. There is still a small area around a specific well that tests show there is a very small amount of benzine in the water. Contaminated soil can be removed from the site.
COuncil Member Hall requested Ms. Gunther speak about the reclamation of the falls.
Ms. Gunther stated that the 1991 reclamation plan suggested rerouting the creek, however, that has changed and it has been determined that the creek bed will remain where it is in its current condition. All of the recommended changes to the reclamation plan will preserve the creek and falls. The channel will open to be much wider.
Brian Milich of McMillan Companies came forward to address Council. Mr. Milich spoke in support of the proposed changes to the Housing Element. Stated that Council's approval provides direction to the McMillan Companies how to develop the land. Mr. Milich stated that the historical resources of the site will be preserved.
Kasey Cincarelli of Carlsbad came forward to address Council. Ms. Cincarelli spoke in opposition to the proposed changes of the Buena Vista Valley Creek area of the Housing Element. Asked that Council approve the Housing Element that the number of units remain as is and direct staff to find another area in the City to add the required units.
Mayor Lewis closed the Public Hearing at 9:00 p.m.
Mayor Lewis declared a recess at 9:00 p.m.
Called to order at 9:08pm. Council Bl asked Scott Donnell for rent? Disapprove housing element does not have anything to do with... Buena Vista Creek Valley if 100 acre developed and panhandle piece. Hsg element on Quarry area is 165 units. hsg element 32 acres of 100 should be med to high density. Bl-re: protecting El Salto falls, etc. asked if will be protected. Scott agreed. Bl-why wasn't xx picked. Scott Donnell said because xx had office space and possible two car dealtherships Scott- 2 deadlines, avoid two hsg deadlines. In order to meet deadlines, pass sooner rather than later. State has 90 days to make ruling
Mayor Pro Tem Kulchin... asked re: mailing. Home owners associations, large groups. No 600 ft radius done because it was not about building projects. Re: saving the falls. Ron Ball- said noticed in the paper
CM Hall asked if we have approved the highest density for the village. Scott Donnell said yes, up to 35 u/acre. Nov 18th availablity of Quarry Ck .... ensure restraints are taken care of.
Mayor Lewis.. 54 units +, reduced hsg bank by 3K units. Left 2900 units. If used those 2900, Scott said those would still be adequate to meet the requirement that the State is asking us. Within these quadrants, so many of these are designated, or some have more thatn others. how did to choose the selection of the sties?
Scott... sites part of the general plan... directs us to the barrio and the other areas.
Mayor asked if raising the density to 15% more. Scott said the density will still NOT accept that. Minimum density is seen by the State as necessary for lower income.
Mayor...SANDAG ... go through . Asked what punishment from the state? Scott-w/out adopted Hsg. Sandag used points. (received 200K per day) losing out of ? $ per year becos we don't have an adopted hsg element. ???
Ron Ball wanted to expand... economic part if not have an adopted hsg element. if our hsg element is considered ineligible.. or certified.
CM Blackburn noted people who have helped him understand. He doesn't want high density forced upon us by the State. But there are severe consequenses... By approving the hsg element I am not approving the building projects. When any project is brought, we need to judge it on it's own merits.
CM Hall said there is much complexity in this issue. He asked S-H-C a question. When a project comes before us, the citizens ask for a decrease in density. People here from Aviara, there were 2800 units, the Council cut the project by around 1,000 units. Robertson Ranch-units were knocked also. State mandates that we have to show where we will place the density. We don't have to build it. The Council is steadfast on that. We are going to do whatever we can to widen the Buena Vista Creek. We have 40% open space in the City. It is not free. We have acquired most of it through developers. We as a community, where do we place density to satisfy State requirements. The staff has done a very good job to place this density. I can support the recommendation.
Shelley Hayes-Carron said ...
Vote to approve 14. AB #20,084 - 2005-2010 HOUSING ELEMENT. To consider adopting a mitigated negative declaration and mitigation monitoring and reporting program; and, approving a General Plan Amendment (GPA 03-02) to adopt the update of the Housing Element for the City of Carlsbad for the 2005-2010 Housing Cycle. Resolution No. 2009-322. ACTION: (Approved) (Recorded at 03:40:28)
Motion to approve 14. AB #20,084 - 2005-2010 HOUSING ELEMENT. To consider adopting a mitigated negative declaration and mitigation monitoring and reporting program; and, approving a General Plan Amendment (GPA 03-02) to adopt the update of the Housing Element for the City of Carlsbad for the 2005-2010 Housing Cycle. Resolution No. 2009-322. ACTION: Moved by , seconded by .
Mayor Lewis appreciates how the staff brought all the data. Numbers in each quadrant-we reduced a large number. Bob Frazee and Bill Craven and others did much for us. The way this Council looked at this item closely. Before anything is to be decided, we are looking at every aspect. I will approve this.
Mayor Pro tem Kulchin we didn't have a hsg element and we lost twenty points. Our staff did a good job. We will be very vigilant, we will do the very best for the City. I can support this agenda item.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
DECEMBER 22, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held December 1, 2009.
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.
15. AB #705 - APPOINTMENT TO THE SAN DIEGO COUNTY WATER AUTHORITY. Appointing one additional Carlsbad Municipal Water District Director to the San Diego County Water Authority (SDCWA) Board of Directors. Resolution No. 1383. ACTION:
AB #705
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
SPECIAL MEETING AGENDA
DECEMBER 22, 2009
6:00P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held December 1, 2009.
Minutes of the Joint Special Meeting held December 1, 2009.
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.
16. AB #421 - ACQUISITION OF STATE STREET PROPERTY. Approving the acquisition of property at 3045 State Street by the Redevelopment Agency of the City of Carlsbad to provide public parking resources and/or other economic development opportunities for the Village Area, authorizing the appropriation and expenditure of funds to pay all costs for the acquisition, authorize the Executive Director of the Redevelopment Agency to execute all acquisition documents; and, authorize the Secretary to execute a Certificate of Acceptance to the grant deed. Resolution No. 481. ACTION:
AB #421
18. AB #20,086 - COMMUNITY DEVELOPMENT BLOCK GRANT/HOME INVESTMENT PARTNERSHIP FUNDING ADVISORY COMMITTEE APPOINTMENTS. To consider appointing members to the Community Development Block Grant/Home Investment Partnership Funding Advisory Committee for program year 2010-2011. Resolution No. 2009-324. ACTION:
AB #20,086
19. AB #20,087 - HISTORIC PRESERVATION COMMISSION APPOINTMENT. To consider appointing one member to the Historic Preservation Commission. Resolution No. 2009-325. ACTION:
AB #20,087
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.
Dec 22, 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 (4 Present, 1 Absent, 0 Excused) (Recorded at 00:03:12)
ROLL CALL:
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:03:43)
Minutes of the Special Meeting held December 1, 2009.
Minutes of the Regular Meeting held December 1, 2009.
Minutes of the Joint Special Meeting held December 1, 2009.
PRESENTATIONS:
Retirement Proclamation Presentation to Barbara Nedros.
Council Member Hall presented a retirement proclamation to Barbara Nedros.
Barbara thanked Council for the opportunity to work for the City of Carlsbad.
Parks Planner Liz Ketabian gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk) recognizing sponsors of the Adopt-A-Trail Program.
Ms. Ketabian recognized corporate sponsors, Henrys Farmers Market for the Lake Calavera trails clean up event and Jimbos Naturally for the La Costa Glen Trail Signage Project.
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 .
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 00:18:26)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #20,071 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center. Resolution No. 2009-314. ACTION:
AB 20,071
Items 2-10
Becky Moore President of the Carlsbad Library Foundation introduced Neal Black as the incoming Foundation President.
Ms. Moore presented the Carlsbad Library a check for $50,000 - funds provided for the naming rights opportunity for the Learning Center. Additional funds were raised from the mini-golf event.
Motion to approve 1. AB #20,071 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center. Resolution No. 2009-314. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 1. AB #20,071 - ACCEPTANCE OF DONATION. Accepting a donation from the Carlsbad Library and Arts Foundation for the Library Learning Center. Resolution No. 2009-314. ACTION: (Approved) (Recorded at 00:21:16)
2. AB #20,072 - ACCEPTANCE OF DONATION. Accepting a donation of in-kind products and services in support of the 2009 Pumpkin Plunge Special Event. Resolution No. 2009-315. ACTION:
AB 20,072
3. AB #20,073 - ACCEPTANCE OF DONATION. Accepting a donation in support of the Adopt-A-Trail Program. Resolution No. 2009-316. ACTION:
AB 20,073
4. AB #20,074 - AUTHORIZE OUT-OF-STATE TRAVEL. Authorizing out-of-state travel for the Recreation Services Manager to attend the National Parks and Recreation Association Revenue Development and Management School, March 14-19, 2010 in Wheeling, West Virginia. Resolution No. 2009-317. ACTION:
AB 20,074
5. AB #20,075 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Bert W. Salas, Inc., for the reconstruction of the Encinas Creek Bridge, City Project No. 3919. Resolution No. 2009-318. ACTION:
AB 20,075
6. AB #20,076 - ADVERTISE FOR BIDS. Approving plans and specifications for the Palomar Airport Road Right Turn Lane to Melrose Drive Project; and, authorizing the City Clerk to advertise for bids, Project No. 6012. Resolution No. 2009-319. ACTION:
AB 20,076
7. AB #20,077 - APPROVE AGREEMENT FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT. Approving an agreement with Helix Environmental Planning, Inc. for the preparation of an Environmental Impact Report (EIR 09-02), approving an agreement with Plaza Camino Real for payment of the fees associated with the preparation of the EIR; and authorizing the City Manager to execute the agreements (SP 09-01/SDP 09-04/SUP 09-07). Resolution No. 2009-320. ACTION:
AB 20,077
8. AB #20,078 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for repair of a storm drain from 2950 La Costa Avenue to 7546 Gibraltar Street, Project No. 6607. Resolution No. 2009-321. ACTION:
AB 20,078
9. AB #20,079 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's report on City Investments as of November 30, 2009. ACTION:
AB 20,079
10. AB #20,080 - REPORT OF SETTELEMENT AGREEMENT. Reporting out the settlement agreement of Armenta et al V. James Jones Company. ACTION:
AB #20,080
ORDINANCE FOR INTRODUCTION:
11. AB #20,081 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE RELATED TO SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, COASTERS, TOY VEHICLES AND SIMILAR FORMS OF TRANSPORTATION. To consider amending Chapter 10.58 of the Carlsbad Municipal Code pertaining to skateboards, rollerblades, roller skates, coasters, toy vehicles and similar forms of transportation. Introduction of Ordinance No. CS-073. ACTION:
AB #20,081
City Attorney Ron Ball provided a brief explanation regarding the amendment of the ordinance relating to skateboarding in Carlsbad. The amendment adds rollerblades and rollerskates and similar forms of transportation. Mr. Ball recommended the ordinance on its face so that 10.58.020 when refereing to redevelopment zone " the Village Review Zone or any successor zone."
City Attorney Ron Ball titled the Ordinance.
Motion to approve 11. AB #20,081 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE RELATED TO SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, COASTERS, TOY VEHICLES AND SIMILAR FORMS OF TRANSPORTATION. To consider amending Chapter 10.58 of the Carlsbad Municipal Code pertaining to skateboards, rollerblades, roller skates, coasters, toy vehicles and similar forms of transportation. Introduction of Ordinance No. CS-073. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 11. AB #20,081 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE RELATED TO SKATEBOARDS, ROLLERBLADES, ROLLER SKATES, COASTERS, TOY VEHICLES AND SIMILAR FORMS OF TRANSPORTATION. To consider amending Chapter 10.58 of the Carlsbad Municipal Code pertaining to skateboards, rollerblades, roller skates, coasters, toy vehicles and similar forms of transportation. Introduction of Ordinance No. CS-073. ACTION: (Approved) (Recorded at 00:24:09)
ORDINANCES FOR ADOPTION:
12. AB #20,082 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY PLANNING COMMISSION. Adopting Ordinance No. CS-071, amending Section 2.24.065 of the Carlsbad Municipal Code to eliminate General Plan Conformance Findings by the Planning Commission for certain specified matters. ACTION:
AB #20,082
City Attorney Ron Ball titled the Ordinance.
Motion to approve 12. AB #20,082 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY PLANNING COMMISSION. Adopting Ordinance No. CS-071, amending Section 2.24.065 of the Carlsbad Municipal Code to eliminate General Plan Conformance Findings by the Planning Commission for certain specified matters. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 12. AB #20,082 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TO ELIMINATE GENERAL PLAN CONFORMANCE FINDINGS BY PLANNING COMMISSION. Adopting Ordinance No. CS-071, amending Section 2.24.065 of the Carlsbad Municipal Code to eliminate General Plan Conformance Findings by the Planning Commission for certain specified matters. ACTION: (Approved) (Recorded at 00:25:02)
13. AB #20,083 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TITLE 2 - PARKS AND RECREATION COMMISSION AND TITLE 11 - TREES AND SHRUBS. Adopting Ordinance No. CS-072, amending Section 2.36.075 of the Carlsbad Municipal Code related to additional duties of the Parks and Recreation Commission; and, amending Sections 11.12.030-11.12.100, 11.12.120-11.12.130, and 11.12.150-11.12.160 of the Carlsbad Municipal Code related to trees and shrubs. ACTION:
AB #20,083
City Attorney Ron Ball titled the Ordinance.
Motion to approve 13. AB #20,083 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TITLE 2 - PARKS AND RECREATION COMMISSION AND TITLE 11 - TREES AND SHRUBS. Adopting Ordinance No. CS-072, amending Section 2.36.075 of the Carlsbad Municipal Code related to additional duties of the Parks and Recreation Commission; and, amending Sections 11.12.030-11.12.100, 11.12.120-11.12.130, and 11.12.150-11.12.160 of the Carlsbad Municipal Code related to trees and shrubs. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 13. AB #20,083 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE TITLE 2 - PARKS AND RECREATION COMMISSION AND TITLE 11 - TREES AND SHRUBS. Adopting Ordinance No. CS-072, amending Section 2.36.075 of the Carlsbad Municipal Code related to additional duties of the Parks and Recreation Commission; and, amending Sections 11.12.030-11.12.100, 11.12.120-11.12.130, and 11.12.150-11.12.160 of the Carlsbad Municipal Code related to trees and shrubs. ACTION: (Approved) (Recorded at 00:26:19)
PUBLIC COMMENT:
Mayor Lewis requested and Council concurred to hear Item No. 17 out of order.
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.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD
CITY COUNCIL
AND
HOUSING AND REDEVELOPMENT COMMISSION
JOINT SPECIAL MEETING AGENDA
DECEMBER 22, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
DEPARTMENTAL REPORT:
17. AB #20,085 - RESPONSE TO CALIFORNIA ENERGY COMMISSION'S FINAL STAFF ASSESSMENT ON THE CARLSBAD ENERGY CENTER PROJECT. City Council consider approving the determination that the proposed Carlsbad Energy Center Project is inconsistent with all applicable local and related land use laws, ordinances, regulations, and standards and poses serious impacts to the health, safety, and quality of life to the community at large; and Commission consider accepting the City Council's determination that the proposed Carlsbad Energy Center Project is inconsistent with applicable local and related land use laws, ordinances, regulations, and standards and poses serious impacts to the helath, safety, and quality of life to the commuinty at large, and approving the determination that said project does not comply with the South Carlsbad Coastal Redevelopment Plan. Council Resolution No. 2009-323, Commission Resolution No. 482. ACTION:
AB #20,85
Senior Planner Scott Donnell, Municipal Projects Manager and Housing and Redevelopment Director gave the staff report and PowerPoint presentation (on file in the office of the City Clerk).
Mr. Garuba also showed Council a video (not on file in the Office of the City Clerk) that depicted the scope and size of the proposed power plant in relation to the Caltran's future widening of Interstate 5.
Ronald Rouse, from Luce, Forward, Hamiltona nd Scripss representing Cabrillo Power came forward to address the Council/Commission.
Mr. Rouse stated the applicant disagrees with the City's disagreement with the California Energy Commission's final staff assessment report. Mr. Rouse also referenced (again) the San Diego County Air Pollution Control District's consent of the proposed power plant. Mr. Rouse stated the amounts of pollution are below the set standard set the the Air Pollution Control District. The CEC allows for the current requirement of three of the older existing power plant.
Kasey Cincarelli of Carlsbad came forward to address the Council/Commission. Ms. Cincarelli stated that staff was working one-sided on this project and needed to be neutral. She recognized that the older plant will be dismantled. Would like to see the city take a balanced approach.
Council/Commission Member Blackburn asked about the air pollution and its cancer risk.
Mr. Garuba stated that staff would return to Council in the future regarding air quality. Mr. Garuba explained that one threshold is one per million. The proposed power plant emissions are in the threshold.
Motion to approve approval of Council and HOusing and Redevelopment Resolutions. Moved by , seconded by .
Vote to approve approval of Council and HOusing and Redevelopment Resolutions. (Approved) (Recorded at 00:52:21)
ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS:
Reconvene Council Meeting
PUBLIC HEARING:
Mr. Ball provided a brief explanation on why the Housing Element was being updated and what the Council/Commission were being asked to review and vote on. (Get brief synopsis of Ron's explanation (not approving individual housing projects.
14. AB #20,084 - 2005-2010 HOUSING ELEMENT. To consider adopting a mitigated negative declaration and mitigation monitoring and reporting program; and, approving a General Plan Amendment (GPA 03-02) to adopt the update of the Housing Element for the City of Carlsbad for the 2005-2010 Housing Cycle. Resolution No. 2009-322. ACTION:
AB #20,084
Principal Planner Scott Donnell gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Veronica Tam (Veronica Tam consultant) providing assistance on this project.
Mr. Donnell reviewed the process that was undertaken to review the housing element and make suggested changes.
Mr. Donnell reviewed the sex sections of the proposed housing element for Council.
Successful programs have been carried forward and new programs proposed. The proposed changes to the housing element comply with the regional housing needs alocation numbers supplied by SANDAG. Mr. Donnell reviewed compliance items. 12 units per acres suitable for moderate income families; 20 unites per acre suitable for lower income families. 566 units do not comply with the RHNA - underutilized. Mr. Donnell reviewed site selection compliance issues. Environmental issues (land set aside as OS) provide one of the site constraints. Mr. Donnell reviewed program 2.1 that identified proposed changes to the housing element to meet the RHNA requirements.
Mr. Donnell referenced two developer efforts to assist with meeting the RHNA requirements.
housing element only target the 100 acre piece of land not the 57 acre piece.
city is required to provide the opportunity to develop the properties for moderate/low income. Mr. Donnell stated however, that it is anticipated that a developer will build at (get this ???).
Quarry Creek is protected by habitat preserve areas. The site is restricted/prohibited from development. The HMP recognizes that Quarry Creek is designated for development as well.
70 acres designated to residential development. potential Smart Growth Site designation by SANDAG..
Mr. Donnell referenced Planning Commission comments regarding the Quarry Creek site.
6/30/2010 represented the end of the current housing cycle, also recognizes the state housing law that takes effect.
staff believes that quarry creek as well as any property has constraints. It is necessary for the city to comply with state housing law to remove the constraints the city can control to determine that the site is available during the housing cycle. Housing cycle has been changed SB 575 to end in December 31, 2012.
bridges at aviara (pontebello). private proposal that has been counted, the element does not approve the project. Staff will need to find an alternative site to cover the 76 units if Council does not approve the future project.
Mr. Donnell addressed the ramifications of not certifying the housing element.
Mayor Lewis opened the duly noticed Public Hearing at 7:26 p.m.
Walt Meier of Carlsbad came forward to address Council. Mr. Meier stated he was opposed to any changes to the Housing Element in the Quarry Creek area.
Richard Russell of Carlsbad came forward to address Council. Mr. Russell stated he was opposed to the mitigated negative declaration of the Housing Element.
Council Member Hall asked for clarification from Mr. Russell regarding any specific area being addressed by him in Carlsbad.
Julie Leader of Carlsbad came forward to address Council. Ms. Leader spoke in opposition to to the Housing Element stated the City, will then approve "Spot Zoning." Specifically addressed the proposed "Pontebello" project. Stated Council did not have the appropriate EIR information regarding specific projects.
Wendy Himan of Carlsbad came forward to address Council. Ms. Hinman stated she was opposed to the proposed changes to the Quarry Creek property of the Housing Element. She said she would like to see the City preserve El Salto Falls.
Jeanie Chapman of Carlsbad came forward to address Council. She asked staff for a map indicating where affordable housing is located within the city. Ms. Chapman stated she was opposed to the proposed changes to the proposed "Pontebello" area of the Housing Element. She cited increased traffic issues in this neighborhood.
Joan Brubaker of Oceanside came forward to address Council. Ms. Brubaker spoke in opposition of proposed changes to the Housing Element in the Quarry Creek area. She suggested that Council consider preserving El Salto Falls.
Sranti Passa representing the Carlsbad High Green Club came forward to address Council. She spoke in opposition to the Housing Element. She requested that Council preserve the El Salto Falls area.
Genivive Green, Carlsbad High School Green Club came forward to address Council. Ms. Green presented Council with a petition with 300 signatures. She spoke in opposition to the Housing Element.
Andrew Carsans of Carlsbad came forward to address Council. Mr. Carsans spoke in opposition to the Housing Element. Specifically addressed the Buena Vista Valley.
Jay Claufenstein of Carlsbad came forward to address Council. Mr. Claufenstein spoke in opposition to the Housing Element and asked Council to preserve the Buena Vista Valley area and El Salto Falls.
Dennis Huckabay of Oceanside, representing the Buena Vista Audubon Society, came forward to address Council. Mr. Huckabay stated he was in opposition to the Housing Element. He suggested that Council preserve the Buena Vista Creek Valley and El Salto Falls.
Socorro Anderson of Carlsbad came forward to address Council. Ms. Anderson spoke in support of the Housing Element.
De Ann Weimer, representing Friends of Aviara of Carlsbad came forward to address Council. She requested that Council refrain from taking any action on the Housing Element or to deny the mitigated negative declaration.
Mel Vernon representing the San Luis Rey Band of Mission Indians came forward to address Council. Mr. Vernon spoke in opposition to the Housing Element. He would like to see the Council preserve the Buena Vista Valley Creek and El Salto Falls area.
Council Member Hall asked if Mr. Vernon was part of the reclamation process in the Buena Vista Valley area.
Mr. Vernon stated that it is difficult to determine how the reclamation project is progressing.
Mr. Hall asked if the relcamation plan protected the falls.
Mr. Vernon replied that the people will impact the Falls. The Falls are not designated to be destroyed. He stated he has not seen the final plan.
Shelly Hayes Carron came forward to address Council. Ms. Carron spoke in opposition to the proposed changes to the Buena Vista Valley area of the Housing Element. Housing Element does not address the national historic value of the Marron Hayes Adobe.
Council Member Blackburn asked for clarification from Ms. Carron on the proper name. Buena vista Creek Valley.
Mary Ann Viney of Carlsbad representing Preserve Calavera came forward to address Council.Ms. Viney presented a video that explained the historic element of the Buena Vista Creek Valley area of the Housing Element.
Carl Souza of Oceanside came forward to address Council. Mr. Souza stated that there was thousands of gallons of fuel stored on the Buena Vista Creek Valley site years ago. Mr. Souza stated that the soil in this area contains MTBE and Benzine. He said that there is potential for these two items to be released in the atmosphere if housing is placed in the Buena Vista Valley Creek area.
Ann Hallock of Carlsbad came forward to address Council. Mr. Hallock spoke in opposition to the proposed changes to the Buena Vista Valley Creek are of the Housing Element. She addressed that MTBE was still contained in this area is high levels. She requested that this area be removed from the Housing Element.
Don Christianson of Carlsbad came forward to address Council. Mr. Christianson gave a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Christianson spoke in opposition to the proposed changes to the Buena Vista Valley Creek area of the Housing Element. He urged the Council to preserve El Salto Falls.
Mr. Christianson suggested that land owned by the Encina Wastewater Authority located directly across from the Poinsettia Coaster Station, could replace the Buena Vista Valley Creek area in the Housing Element. Mr. Christianson suggested that a workshop be held to reachout for public input.
Gary Nessim of Carlsbad came forward to address Council. Mr. Nessim spoke in opposition to the proposed changes to the Buena Vista Valley Creek area to the Housing Element and suggested that Council increase the density in other Carlsbad areas by 15%.
Karen Merrill of Carlsbad representing Preserve Calavera came forward to address Council. She addressed two legal briefs submitted to the City on June 29, 2009 and stated that Council needed to consider these legal items as it made its decision. Preserve Calavera is not opposed to affordable housing. Preserve Calavera is opposed to 500 homes being placed in the Buena Vista Creek Valley area.
Ann Gunther of the Lightfoot Planning Group representing Hanson properties came forward to address Council. She said that Hanson is responsible for reclamation of the property to leave the land is a useable state as designated by the State. Hanson is also conducting the remediation program under the authority of Environmental Health. The project is on tract to have clean soils and ground water on the site for use as designated by the City. Appropriate actions are being taken under regulatory review.
Mayor Pro Tem Kulchin asked for detail regarding the remediation of the benzine in the soil.
Ms. Gunther stated that soils test show that there is no benzine in the soils. There is still a small area around a specific well that tests show there is a very small amount of benzine in the water. Contaminated soil can be removed from the site.
COuncil Member Hall requested Ms. Gunther speak about the reclamation of the falls.
Ms. Gunther stated that the 1991 reclamation plan suggested rerouting the creek, however, that has changed and it has been determined that the creek bed will remain where it is in its current condition. All of the recommended changes to the reclamation plan will preserve the creek and falls. The channel will open to be much wider.
Brian Milich of McMillan Companies came forward to address Council. Mr. Milich spoke in support of the proposed changes to the Housing Element. Stated that Council's approval provides direction to the McMillan Companies how to develop the land. Mr. Milich stated that the historical resources of the site will be preserved.
Kasey Cincarelli of Carlsbad came forward to address Council. Ms. Cincarelli spoke in opposition to the proposed changes of the Buena Vista Valley Creek area of the Housing Element. Asked that Council approve the Housing Element that the number of units remain as is and direct staff to find another area in the City to add the required units.
Mayor Lewis closed the Public Hearing at 9:00 p.m.
Mayor Lewis declared a recess at 9:00 p.m.
Called to order at 9:08pm. Council Bl asked Scott Donnell for rent? Disapprove housing element does not have anything to do with... Buena Vista Creek Valley if 100 acre developed and panhandle piece. Hsg element on Quarry area is 165 units. hsg element 32 acres of 100 should be med to high density. Bl-re: protecting El Salto falls, etc. asked if will be protected. Scott agreed. Bl-why wasn't xx picked. Scott Donnell said because xx had office space and possible two car dealtherships Scott- 2 deadlines, avoid two hsg deadlines. In order to meet deadlines, pass sooner rather than later. State has 90 days to make ruling
Mayor Pro Tem Kulchin... asked re: mailing. Home owners associations, large groups. No 600 ft radius done because it was not about building projects. Re: saving the falls. Ron Ball- said noticed in the paper
CM Hall asked if we have approved the highest density for the village. Scott Donnell said yes, up to 35 u/acre. Nov 18th availablity of Quarry Ck .... ensure restraints are taken care of.
Mayor Lewis.. 54 units +, reduced hsg bank by 3K units. Left 2900 units. If used those 2900, Scott said those would still be adequate to meet the requirement that the State is asking us. Within these quadrants, so many of these are designated, or some have more thatn others. how did to choose the selection of the sties?
Scott... sites part of the general plan... directs us to the barrio and the other areas.
Mayor asked if raising the density to 15% more. Scott said the density will still NOT accept that. Minimum density is seen by the State as necessary for lower income.
Mayor...SANDAG ... go through . Asked what punishment from the state? Scott-w/out adopted Hsg. Sandag used points. (received 200K per day) losing out of ? $ per year becos we don't have an adopted hsg element. ???
Ron Ball wanted to expand... economic part if not have an adopted hsg element. if our hsg element is considered ineligible.. or certified.
CM Blackburn noted people who have helped him understand. He doesn't want high density forced upon us by the State. But there are severe consequenses... By approving the hsg element I am not approving the building projects. When any project is brought, we need to judge it on it's own merits.
CM Hall said there is much complexity in this issue. He asked S-H-C a question. When a project comes before us, the citizens ask for a decrease in density. People here from Aviara, there were 2800 units, the Council cut the project by around 1,000 units. Robertson Ranch-units were knocked also. State mandates that we have to show where we will place the density. We don't have to build it. The Council is steadfast on that. We are going to do whatever we can to widen the Buena Vista Creek. We have 40% open space in the City. It is not free. We have acquired most of it through developers. We as a community, where do we place density to satisfy State requirements. The staff has done a very good job to place this density. I can support the recommendation.
Shelley Hayes-Carron said ...
Vote to approve 14. AB #20,084 - 2005-2010 HOUSING ELEMENT. To consider adopting a mitigated negative declaration and mitigation monitoring and reporting program; and, approving a General Plan Amendment (GPA 03-02) to adopt the update of the Housing Element for the City of Carlsbad for the 2005-2010 Housing Cycle. Resolution No. 2009-322. ACTION: (Approved) (Recorded at 03:40:28)
Motion to approve 14. AB #20,084 - 2005-2010 HOUSING ELEMENT. To consider adopting a mitigated negative declaration and mitigation monitoring and reporting program; and, approving a General Plan Amendment (GPA 03-02) to adopt the update of the Housing Element for the City of Carlsbad for the 2005-2010 Housing Cycle. Resolution No. 2009-322. ACTION: Moved by , seconded by .
Mayor Lewis appreciates how the staff brought all the data. Numbers in each quadrant-we reduced a large number. Bob Frazee and Bill Craven and others did much for us. The way this Council looked at this item closely. Before anything is to be decided, we are looking at every aspect. I will approve this.
Mayor Pro tem Kulchin we didn't have a hsg element and we lost twenty points. Our staff did a good job. We will be very vigilant, we will do the very best for the City. I can support this agenda item.
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD MUNICIPAL WATER DISTRICT
SPECIAL MEETING AGENDA
DECEMBER 22, 2009
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held December 1, 2009.
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.
15. AB #705 - APPOINTMENT TO THE SAN DIEGO COUNTY WATER AUTHORITY. Appointing one additional Carlsbad Municipal Water District Director to the San Diego County Water Authority (SDCWA) Board of Directors. Resolution No. 1383. ACTION:
AB #705
ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION
CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
SPECIAL MEETING AGENDA
DECEMBER 22, 2009
6:00P.M.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held December 1, 2009.
Minutes of the Joint Special Meeting held December 1, 2009.
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.
16. AB #421 - ACQUISITION OF STATE STREET PROPERTY. Approving the acquisition of property at 3045 State Street by the Redevelopment Agency of the City of Carlsbad to provide public parking resources and/or other economic development opportunities for the Village Area, authorizing the appropriation and expenditure of funds to pay all costs for the acquisition, authorize the Executive Director of the Redevelopment Agency to execute all acquisition documents; and, authorize the Secretary to execute a Certificate of Acceptance to the grant deed. Resolution No. 481. ACTION:
AB #421
18. AB #20,086 - COMMUNITY DEVELOPMENT BLOCK GRANT/HOME INVESTMENT PARTNERSHIP FUNDING ADVISORY COMMITTEE APPOINTMENTS. To consider appointing members to the Community Development Block Grant/Home Investment Partnership Funding Advisory Committee for program year 2010-2011. Resolution No. 2009-324. ACTION:
AB #20,086
19. AB #20,087 - HISTORIC PRESERVATION COMMISSION APPOINTMENT. To consider appointing one member to the Historic Preservation Commission. Resolution No. 2009-325. ACTION:
AB #20,087
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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