Video index
CALL TO ORDER: 6:00 P.M.
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 00:17:38)
Mayor Lewis abstain on 4/27
AB 20,244
Minutes of the Regular Meeting held April 27, 2010.
Minutes of the Joint Special Meeting held April 27, 2010.
Minutes of the Special Meeting held May 4, 2010.
Minutes of the Regular Meeting held May 11, 2010.
PRESENTATION:
TBd
Proclamation presentation in recognition of Olympian Gretchen Bleiler.
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 00:18:16)
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 #20,236 - ACCEPTANCE OF DONATION. Accepting a cash donation from the Point Loma Credit Union in support of the 2010 EGGstravaganza Spring Festival; and, authorizing the donation to be appropriated in the Park and Recreation's Special Events fund. Resolution No. 2010-119. ACTION:
AB 20,236
2. AB #20,237 - ADVERTISE FOR BIDS. Approving the plans and specifications for the construction of the Leo Carrillo Ranch Barn Restoration; and, authorizing the City Clerk to advertise for bids, Project No. 45051. Resolution No. 2010-120. ACTION:
Ab 20,237
3. AB #20,238 - AUTHORIZE GRANT APPLICATION TO THE CALIFORNIA LIBRARY LITERARY SERVICE . Authorizing the City Library to apply for a grant from the California Library Literacy Service and accept any award of grant funds. Resolution No. 2010-121. ACTION:
AB 20,238
4. AB #20,239 - APPROVE FINAL MAP FOR OCEAN COLLECTION. Approving the Final Map for Ocean Collection; and, authorizing the Final Map to be recorded, CT 07-12. Resolution No. 2010-122. ACTION:
AB 20,239
5. AB #20,247 - APPROVE INCREASE IN CONTINGENCY FOR CONSTRUCTION OF ALGA NORTE COMMUNITY PARK. Approving and authorizing an increase in the contingency for the cosntruction of Alga Norte Community Park, Project No. 3837. Resolution No. 2010-128. ACTION:
AB 20,247
CONSENT CALENDAR (Continued)
6. AB #20,240 - APPROVE GRANT REQUEST FROM AVIARA OAKS MIDDLE SCHOOL. Approving a Winning Teams Grant for the Aviara Oaks Middle School Odyssey of the Mind Team; and, authorizing the appropriation of funds for the award. Resolution No. 2010-123. ACTION:
AB 20,240
7. AB #20,241 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for repair and stabilization of a road fill failure along the number two land of Carlsbad Boulevard Southbound, southerly of the Encinas Creek Bridge; and, appropriating additional funds, Project No. 6032. Resolution No. 2010-124. ACTION:
AB 20,241
8. AB #20,242 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of April 30, 2010. ACTION:
AB 20,242
ORDINANCE FOR ADOPTION:
Motion to approve ORDINANCE FOR ADOPTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve ORDINANCE FOR ADOPTION: (Approved) (Recorded at 00:19:11)
City Attorney Ron Ball titled the Ordinance.
9. AB #20,243 - AMEND CARLBAD MUNICIPAL CODE REGARDING QUALIFICATIONS FOR CITY TREASURER. Adopting Ordinance No. CS-080, adding Section 2.08.022 to the Carlsbad Municipal Code, establishing certain minimum criteria for eligibility for the elected office of City Treasurer.
AB 20,243
PUBLIC COMMENT:
Don Christansen came forward to address Council. Mr. Christansen spoke in opposition to Proposition 16 that will be on the statewide ballot on June 8, 2010. He provided the website NOPROP16.org and YESON16 for citizens that would like more information.
Glenn Bernard of Carlsbad came forward to address Council. Mr. Bernard spoke in opposition to hiring a police chief from Long Beach.
10. AB #20,244 - TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS. To consider approving the Carlsbad TransNet Local Street Improvement Program of Projects for fiscal years 2010/11 through 2014/15. Resolution No. 2010-125. ACTION:
Council Member Packard asked if staff ranked the projects.
Mr. Plantz stated the projects mimick the Capital Improvement Program Projects. He added that staff felt it was important to get all of the projects on the list.
Mayor Lewis opened the duly noticed Public Hearing at 6:19 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:19 p.m.
Motion to approve 10. AB #20,244 - TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS. To consider approving the Carlsbad TransNet Local Street Improvement Program of Projects for fiscal years 2010/11 through 2014/15. Resolution No. 2010-125. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 10. AB #20,244 - TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS. To consider approving the Carlsbad TransNet Local Street Improvement Program of Projects for fiscal years 2010/11 through 2014/15. Resolution No. 2010-125. ACTION: (Approved) (Recorded at 00:34:41)
Senir Civil Engineer Marshall Plantz gave the PowerPoint presentation and staff report (on file in the Office of the City Clerk).
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
PUBLIC HEARINGS:
11. AB #20,245 - APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT - GOETZ SEAWALL. To consider an appeal of the Planning Commission's approval of Coastal Development Permit CDP 09-13, Special Use Permit SUP 09-05, and the determination that the project is exempt from the California Environmental Quality Act, for a post Emergency Coastal Development Permit for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Blvd., located on the west side of Carlsbad Blvd and northerly of Cerezo Drive. Resolution No. 2010-126. ACTION:
Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Mr. Lynch provided a detailed presentation on what requirements were considered before approving the CDP.
Marco Gonzales of Coast Law Group came forward to address Council. Mr. Gonzales referred to the inland mitigation fee initiated by SanDag.
Mr. Gonzales provided copies of a SANDAG cost sheet.
Mr. Gonzales stated that the cost of a cubic yard of sand is over $10 feet per cubic yard. Wondered why staff was not being up front about the costs. wondered why city was subsidizing the costs. Not permitted under CEQA regulations.
passive erosion is not the act of getting sand on the beach. will not have the opportunity to create a beach. impact not addressed or mitigated. LCP - protection of public safety coastal commission does not consider walking on beach justification of building a seawall. Mr. Goetz built too close to the edge and wanted to keep bluff from falling down.
Olivia Borak with CERF came forward to address Council. Ms. Borak spoke about the exemption that was discussed at the Planning Commission. Issuance of the permit is a discretaionary approval a physical change to the environment. A regular CDP should replace the temporary CDP. The CDP contains a condition of maintenance. The long term impact is the seal wall has been studied. An EIR is needed to determine the long term impacts created by the seawall.
Todd Cardiff San Diego Chapter of the Surfrider Foundation came forward to address Council. Mr. Cardiff stated that Mr. Goetz intended to build the seawall based on heresay information. 3 days prior to bluff collapse there was in December 19 in the winter. High that day was about 50 degrees. Willing to surf after 3 days of rain - doubts anyone laying on beach on December 18 due to weather. There was a bluff collapse on December 19. Questioned the credibility of geosoils analysis said this bluff hadn't collapsed in 115 years. Geosoils also says that this bluff erodes at .05 ft per year. Disagreed with CERF re: mitigating erosion impacts at $10-$15 per cubic yard. The cost for a cubic yard to get it on the beach is $16.28. Permit coming before Coastal Commission for revised findings. Mitigated items: Occupation loss for how much of the beach the seawall takes up. passive erosion needs to be mitigated. Look at the erosion rate over a long range of time determine fair market value of the bluff and charge the fair market value. Council should deny the permit - done under false pretenses. Mr. Cardiff presented photos to be entered into the record.
Marco Gonzales Coastal Environmental Rights Foundation, gave his background on qualifications regarding coastal issues. Worked with Solana Beach. Carlsbad has an eroding shoreline. Need to notify all residents along the shoreline this is taking place and residents along the coast should take CEQA requirements into consideration. City should conduct an overall EIR of this area. STated that Geosoils and Mr. Goetz pulled one over on the city. Mr. Goetz is protecting his beach not the public beach. When the average beach goer goes to the beach it is realized that bluff failures could occur. Send back to staff and do a mitigated negative declaration and huge disparity in fees.
Dean Goetz came forward to address Council. December 19 bluff collapse by experts of 250 tons. Also told she and her daughter surfed in the am left came back around noon and in between that time the bluff collapsed. Bluff continued to collapse on Dec 30, 15,000 pounds, January 13 and January 19, bluff also collapsed. Choice to make - if he didn't do something he would have been sued. Actually owns the beach - it is private property. Asked for permission to build a seawall. Everyone north of him that had built a seawall did not obtain a permit. Could not keep the public off of the beach. Asked to build the seawall because of public safety reasons. cannot use the beach to the north or south if there is high tide. Beach below Mr. Goetz's house is constantly used.
John Corin, Attorney for Mr. Goetz and Mr. Marshall came forward to address Council. experienced the same issue after he built a seawall in Solana Beach with Coast Law Group. This case is similar to Mr. Corin's case in Solana Beach. Safety aspects and danger is beyond debate. People generally do not recognize the extreme danger of coastal bluffs. The bluff is dangerous is that this area is a focal point that includes free parking, nice cover and surf breaks and dry sand. Condition is not of Mr. Goetz's doing - reason why is because of the lack of sand. Sand is blocked due to transportation corridors, jetties in Oceanside and development. Coastal act seawall is mandatory to protect a structre, protect people and a coastal dependent use. Coastal Commission staff who are very like minded with opponents of seawalls that they should be constructed to protect structures. Spoke about balancing people's private property rights and rights of the ????. CEQA is not applicable in this case because it was an emergency. Six month challenge period came and went. Sand mitigation does not make sense - holding his property from falling onto others property. $3 per cubic yard price was supported by obtained bids.
Marco Gonzales rebutted the statements of Mr. Goetz and Mr. Corin stating that the cases referenced by Mr. Corin was not applicable. Emergency seawall permit is not valid is because there was not emergency. CDP can stay in place during the review and if determined non mitigable the wall needs to be removed. Action to be taken by Council is for permanent seawall and permit. citizens of ca have right to the beach up to the mean high timeline.
Mayor Lewis opened the duly oticed public hearing at 7:18p.m. Seeing no one wishing to speak May lewis closed the pbulic hearing at 7:18.
Break - 7: 18 p.m.
Mayor Lewis reconvened the meeting at 7:25 p.m.
CM Packard asked if staff has heard anything to change recommendations or opinions on issue before Counci
Van Lynch - no
MPTK asked that Mr. Goetz had followed al lprocedures and built to the standard
Van Lynch - yes
CA Ball referenced the decision of how staff arrived at the $3 per cubic yard.
Van Lynch referenced the report in the file - applicant argues local sand supplier to purchase a cubic yard of beach quality sand. Go to regional program to purchase sand.
Motion to approve 11. AB #20,245 - APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT - GOETZ SEAWALL. To consider an appeal of the Planning Commission's approval of Coastal Development Permit CDP 09-13, Special Use Permit SUP 09-05, and the determination that the project is exempt from the California Environmental Quality Act, for a post Emergency Coastal Development Permit for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Blvd., located on the west side of Carlsbad Blvd and northerly of Cerezo Drive. Resolution No. 2010-126. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 11. AB #20,245 - APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT - GOETZ SEAWALL. To consider an appeal of the Planning Commission's approval of Coastal Development Permit CDP 09-13, Special Use Permit SUP 09-05, and the determination that the project is exempt from the California Environmental Quality Act, for a post Emergency Coastal Development Permit for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Blvd., located on the west side of Carlsbad Blvd and northerly of Cerezo Drive. Resolution No. 2010-126. ACTION: (Approved) (Recorded at 01:47:55)
AB 20,245
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB #20,248 - SPECIAL EVENT GRANT REQUEST FOR ARTSPLASH. To consider authorizing a Special Event Grant to Artsplash for the Artsplash 2010 Event; and, authorizing the Finance Director to appropriate funds for the event. Resolution No. 2010-129. ACTION:
Management Analyst Courtney Enriquez gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Coucnil Member Blackburn asked for clarification on $70k inkind services
Courtney responded, police fire, resourses.
Joni Miringoff came forward to address Council. grateful for support of the City.
Motion to approve 12. AB #20,248 - SPECIAL EVENT GRANT REQUEST FOR ARTSPLASH. To consider authorizing a Special Event Grant to Artsplash for the Artsplash 2010 Event; and, authorizing the Finance Director to appropriate funds for the event. Resolution No. 2010-129. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 12. AB #20,248 - SPECIAL EVENT GRANT REQUEST FOR ARTSPLASH. To consider authorizing a Special Event Grant to Artsplash for the Artsplash 2010 Event; and, authorizing the Finance Director to appropriate funds for the event. Resolution No. 2010-129. ACTION: (Approved) (Recorded at 01:55:38)
AB 20,248
13. AB #20,246 -APPOINTMENT TO THE ARTS COMMISSION. To consider appointing one member to the Arts Commission. Resolution No. 2010-127. ACTION:
Motion to approve 13. AB #20,246 -APPOINTMENT TO THE ARTS COMMISSION. To consider appointing one member to the Arts Commission. Resolution No. 2010-127. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 13. AB #20,246 -APPOINTMENT TO THE ARTS COMMISSION. To consider appointing one member to the Arts Commission. Resolution No. 2010-127. ACTION: (Approved) (Recorded at 01:56:36)
Adjournment 7:48
AB 20,246
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.
May 25, 2010 City Council Meeting
Full agenda
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CALL TO ORDER: 6:00 P.M.
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 00:17:38)
Mayor Lewis abstain on 4/27
AB 20,244
Minutes of the Regular Meeting held April 27, 2010.
Minutes of the Joint Special Meeting held April 27, 2010.
Minutes of the Special Meeting held May 4, 2010.
Minutes of the Regular Meeting held May 11, 2010.
PRESENTATION:
TBd
Proclamation presentation in recognition of Olympian Gretchen Bleiler.
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 00:18:16)
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 #20,236 - ACCEPTANCE OF DONATION. Accepting a cash donation from the Point Loma Credit Union in support of the 2010 EGGstravaganza Spring Festival; and, authorizing the donation to be appropriated in the Park and Recreation's Special Events fund. Resolution No. 2010-119. ACTION:
AB 20,236
2. AB #20,237 - ADVERTISE FOR BIDS. Approving the plans and specifications for the construction of the Leo Carrillo Ranch Barn Restoration; and, authorizing the City Clerk to advertise for bids, Project No. 45051. Resolution No. 2010-120. ACTION:
Ab 20,237
3. AB #20,238 - AUTHORIZE GRANT APPLICATION TO THE CALIFORNIA LIBRARY LITERARY SERVICE . Authorizing the City Library to apply for a grant from the California Library Literacy Service and accept any award of grant funds. Resolution No. 2010-121. ACTION:
AB 20,238
4. AB #20,239 - APPROVE FINAL MAP FOR OCEAN COLLECTION. Approving the Final Map for Ocean Collection; and, authorizing the Final Map to be recorded, CT 07-12. Resolution No. 2010-122. ACTION:
AB 20,239
5. AB #20,247 - APPROVE INCREASE IN CONTINGENCY FOR CONSTRUCTION OF ALGA NORTE COMMUNITY PARK. Approving and authorizing an increase in the contingency for the cosntruction of Alga Norte Community Park, Project No. 3837. Resolution No. 2010-128. ACTION:
AB 20,247
CONSENT CALENDAR (Continued)
6. AB #20,240 - APPROVE GRANT REQUEST FROM AVIARA OAKS MIDDLE SCHOOL. Approving a Winning Teams Grant for the Aviara Oaks Middle School Odyssey of the Mind Team; and, authorizing the appropriation of funds for the award. Resolution No. 2010-123. ACTION:
AB 20,240
7. AB #20,241 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY. Continuing the Declaration of Local Emergency for repair and stabilization of a road fill failure along the number two land of Carlsbad Boulevard Southbound, southerly of the Encinas Creek Bridge; and, appropriating additional funds, Project No. 6032. Resolution No. 2010-124. ACTION:
AB 20,241
8. AB #20,242 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of April 30, 2010. ACTION:
AB 20,242
ORDINANCE FOR ADOPTION:
Motion to approve ORDINANCE FOR ADOPTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve ORDINANCE FOR ADOPTION: (Approved) (Recorded at 00:19:11)
City Attorney Ron Ball titled the Ordinance.
9. AB #20,243 - AMEND CARLBAD MUNICIPAL CODE REGARDING QUALIFICATIONS FOR CITY TREASURER. Adopting Ordinance No. CS-080, adding Section 2.08.022 to the Carlsbad Municipal Code, establishing certain minimum criteria for eligibility for the elected office of City Treasurer.
AB 20,243
PUBLIC COMMENT:
Don Christansen came forward to address Council. Mr. Christansen spoke in opposition to Proposition 16 that will be on the statewide ballot on June 8, 2010. He provided the website NOPROP16.org and YESON16 for citizens that would like more information.
Glenn Bernard of Carlsbad came forward to address Council. Mr. Bernard spoke in opposition to hiring a police chief from Long Beach.
10. AB #20,244 - TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS. To consider approving the Carlsbad TransNet Local Street Improvement Program of Projects for fiscal years 2010/11 through 2014/15. Resolution No. 2010-125. ACTION:
Council Member Packard asked if staff ranked the projects.
Mr. Plantz stated the projects mimick the Capital Improvement Program Projects. He added that staff felt it was important to get all of the projects on the list.
Mayor Lewis opened the duly noticed Public Hearing at 6:19 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:19 p.m.
Motion to approve 10. AB #20,244 - TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS. To consider approving the Carlsbad TransNet Local Street Improvement Program of Projects for fiscal years 2010/11 through 2014/15. Resolution No. 2010-125. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 10. AB #20,244 - TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS. To consider approving the Carlsbad TransNet Local Street Improvement Program of Projects for fiscal years 2010/11 through 2014/15. Resolution No. 2010-125. ACTION: (Approved) (Recorded at 00:34:41)
Senir Civil Engineer Marshall Plantz gave the PowerPoint presentation and staff report (on file in the Office of the City Clerk).
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
PUBLIC HEARINGS:
11. AB #20,245 - APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT - GOETZ SEAWALL. To consider an appeal of the Planning Commission's approval of Coastal Development Permit CDP 09-13, Special Use Permit SUP 09-05, and the determination that the project is exempt from the California Environmental Quality Act, for a post Emergency Coastal Development Permit for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Blvd., located on the west side of Carlsbad Blvd and northerly of Cerezo Drive. Resolution No. 2010-126. ACTION:
Senior Planner Van Lynch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Mr. Lynch provided a detailed presentation on what requirements were considered before approving the CDP.
Marco Gonzales of Coast Law Group came forward to address Council. Mr. Gonzales referred to the inland mitigation fee initiated by SanDag.
Mr. Gonzales provided copies of a SANDAG cost sheet.
Mr. Gonzales stated that the cost of a cubic yard of sand is over $10 feet per cubic yard. Wondered why staff was not being up front about the costs. wondered why city was subsidizing the costs. Not permitted under CEQA regulations.
passive erosion is not the act of getting sand on the beach. will not have the opportunity to create a beach. impact not addressed or mitigated. LCP - protection of public safety coastal commission does not consider walking on beach justification of building a seawall. Mr. Goetz built too close to the edge and wanted to keep bluff from falling down.
Olivia Borak with CERF came forward to address Council. Ms. Borak spoke about the exemption that was discussed at the Planning Commission. Issuance of the permit is a discretaionary approval a physical change to the environment. A regular CDP should replace the temporary CDP. The CDP contains a condition of maintenance. The long term impact is the seal wall has been studied. An EIR is needed to determine the long term impacts created by the seawall.
Todd Cardiff San Diego Chapter of the Surfrider Foundation came forward to address Council. Mr. Cardiff stated that Mr. Goetz intended to build the seawall based on heresay information. 3 days prior to bluff collapse there was in December 19 in the winter. High that day was about 50 degrees. Willing to surf after 3 days of rain - doubts anyone laying on beach on December 18 due to weather. There was a bluff collapse on December 19. Questioned the credibility of geosoils analysis said this bluff hadn't collapsed in 115 years. Geosoils also says that this bluff erodes at .05 ft per year. Disagreed with CERF re: mitigating erosion impacts at $10-$15 per cubic yard. The cost for a cubic yard to get it on the beach is $16.28. Permit coming before Coastal Commission for revised findings. Mitigated items: Occupation loss for how much of the beach the seawall takes up. passive erosion needs to be mitigated. Look at the erosion rate over a long range of time determine fair market value of the bluff and charge the fair market value. Council should deny the permit - done under false pretenses. Mr. Cardiff presented photos to be entered into the record.
Marco Gonzales Coastal Environmental Rights Foundation, gave his background on qualifications regarding coastal issues. Worked with Solana Beach. Carlsbad has an eroding shoreline. Need to notify all residents along the shoreline this is taking place and residents along the coast should take CEQA requirements into consideration. City should conduct an overall EIR of this area. STated that Geosoils and Mr. Goetz pulled one over on the city. Mr. Goetz is protecting his beach not the public beach. When the average beach goer goes to the beach it is realized that bluff failures could occur. Send back to staff and do a mitigated negative declaration and huge disparity in fees.
Dean Goetz came forward to address Council. December 19 bluff collapse by experts of 250 tons. Also told she and her daughter surfed in the am left came back around noon and in between that time the bluff collapsed. Bluff continued to collapse on Dec 30, 15,000 pounds, January 13 and January 19, bluff also collapsed. Choice to make - if he didn't do something he would have been sued. Actually owns the beach - it is private property. Asked for permission to build a seawall. Everyone north of him that had built a seawall did not obtain a permit. Could not keep the public off of the beach. Asked to build the seawall because of public safety reasons. cannot use the beach to the north or south if there is high tide. Beach below Mr. Goetz's house is constantly used.
John Corin, Attorney for Mr. Goetz and Mr. Marshall came forward to address Council. experienced the same issue after he built a seawall in Solana Beach with Coast Law Group. This case is similar to Mr. Corin's case in Solana Beach. Safety aspects and danger is beyond debate. People generally do not recognize the extreme danger of coastal bluffs. The bluff is dangerous is that this area is a focal point that includes free parking, nice cover and surf breaks and dry sand. Condition is not of Mr. Goetz's doing - reason why is because of the lack of sand. Sand is blocked due to transportation corridors, jetties in Oceanside and development. Coastal act seawall is mandatory to protect a structre, protect people and a coastal dependent use. Coastal Commission staff who are very like minded with opponents of seawalls that they should be constructed to protect structures. Spoke about balancing people's private property rights and rights of the ????. CEQA is not applicable in this case because it was an emergency. Six month challenge period came and went. Sand mitigation does not make sense - holding his property from falling onto others property. $3 per cubic yard price was supported by obtained bids.
Marco Gonzales rebutted the statements of Mr. Goetz and Mr. Corin stating that the cases referenced by Mr. Corin was not applicable. Emergency seawall permit is not valid is because there was not emergency. CDP can stay in place during the review and if determined non mitigable the wall needs to be removed. Action to be taken by Council is for permanent seawall and permit. citizens of ca have right to the beach up to the mean high timeline.
Mayor Lewis opened the duly oticed public hearing at 7:18p.m. Seeing no one wishing to speak May lewis closed the pbulic hearing at 7:18.
Break - 7: 18 p.m.
Mayor Lewis reconvened the meeting at 7:25 p.m.
CM Packard asked if staff has heard anything to change recommendations or opinions on issue before Counci
Van Lynch - no
MPTK asked that Mr. Goetz had followed al lprocedures and built to the standard
Van Lynch - yes
CA Ball referenced the decision of how staff arrived at the $3 per cubic yard.
Van Lynch referenced the report in the file - applicant argues local sand supplier to purchase a cubic yard of beach quality sand. Go to regional program to purchase sand.
Motion to approve 11. AB #20,245 - APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT - GOETZ SEAWALL. To consider an appeal of the Planning Commission's approval of Coastal Development Permit CDP 09-13, Special Use Permit SUP 09-05, and the determination that the project is exempt from the California Environmental Quality Act, for a post Emergency Coastal Development Permit for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Blvd., located on the west side of Carlsbad Blvd and northerly of Cerezo Drive. Resolution No. 2010-126. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 11. AB #20,245 - APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT - GOETZ SEAWALL. To consider an appeal of the Planning Commission's approval of Coastal Development Permit CDP 09-13, Special Use Permit SUP 09-05, and the determination that the project is exempt from the California Environmental Quality Act, for a post Emergency Coastal Development Permit for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Blvd., located on the west side of Carlsbad Blvd and northerly of Cerezo Drive. Resolution No. 2010-126. ACTION: (Approved) (Recorded at 01:47:55)
AB 20,245
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB #20,248 - SPECIAL EVENT GRANT REQUEST FOR ARTSPLASH. To consider authorizing a Special Event Grant to Artsplash for the Artsplash 2010 Event; and, authorizing the Finance Director to appropriate funds for the event. Resolution No. 2010-129. ACTION:
Management Analyst Courtney Enriquez gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk).
Coucnil Member Blackburn asked for clarification on $70k inkind services
Courtney responded, police fire, resourses.
Joni Miringoff came forward to address Council. grateful for support of the City.
Motion to approve 12. AB #20,248 - SPECIAL EVENT GRANT REQUEST FOR ARTSPLASH. To consider authorizing a Special Event Grant to Artsplash for the Artsplash 2010 Event; and, authorizing the Finance Director to appropriate funds for the event. Resolution No. 2010-129. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 12. AB #20,248 - SPECIAL EVENT GRANT REQUEST FOR ARTSPLASH. To consider authorizing a Special Event Grant to Artsplash for the Artsplash 2010 Event; and, authorizing the Finance Director to appropriate funds for the event. Resolution No. 2010-129. ACTION: (Approved) (Recorded at 01:55:38)
AB 20,248
13. AB #20,246 -APPOINTMENT TO THE ARTS COMMISSION. To consider appointing one member to the Arts Commission. Resolution No. 2010-127. ACTION:
Motion to approve 13. AB #20,246 -APPOINTMENT TO THE ARTS COMMISSION. To consider appointing one member to the Arts Commission. Resolution No. 2010-127. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by .
Vote to approve 13. AB #20,246 -APPOINTMENT TO THE ARTS COMMISSION. To consider appointing one member to the Arts Commission. Resolution No. 2010-127. ACTION: (Approved) (Recorded at 01:56:36)
Adjournment 7:48
AB 20,246
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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