HomeMy WebLinkAbout2005-04-19; City Council; MinutesMINUTES
MEETING OF:
DATE OF MEETING:
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
April 19, 2005
City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the Assistant City Clerk, as follows:
Present:
Absent: None.
Lewis, Hall, Kulchin, Packard and Sigafoose.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Hall led the Pledge of Allegiance.
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of
the Consent Calendar, Items #I through #6 as follows:
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard and Sigafoose.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1. AB #I 8,073 - APPLICATION FOR A CALIFORNIA ARTS COUNCIL GRANT.
Council adopted RESOLUTION NO. 2005-1 07, approving the application for a
grant from the California Arts Council to assist with funding the Three-Part-Art
program currently offered to Carlsbad schoolchildren.
2. AB #I 8,074 - APPLICATION TO PROPOSITION 50 INTEGRATED REGIONAL
MANAGEMENT IMPLEMENTATION GRANT FOR SAN DIEGO COUNTY LAGOON
POLLUTANT REDUCTION ASSESSMENT
Council adopted RESOLUTION NO. 2005-1 08, approving the application to the
Proposition 50 Integrated Regional Water Management (IRWM) Implementation
Grant Program for funding for projects to protect communities from drought,
protect and improve water quality, and reduce dependence on imported water.
April 19, 2005 Carlsbad City Council Meeting Page 2
3. AB #18,075 - FOREST AVENUE SEWER PIPELINE EXTENSION - PROJECT
NO. 3495.
Council adopted RESOLUTION NO. 2005-1 09, accepting bids and awarding the
contract to HMS Construction for the construction of the Forest Avenue Sewer
Pipeline Extension.
4. AB #18,076 -APPROVAL OF PREPAYMENT AGREEMENT FOR LOS COCHES
VILLAGE, LLC. - MS 02-08.
Council adopted RESOLUTION NO. 2005-1 IO, approving a prepayment
agreement titled “Petition, Waiver and Consent to Creation of a Community
Facilities District (CFD No. 2) to Pay Fair Share Cost,” with Los Coches Village,
LLC, for MS 02-08.
5. AB #I 8,077 - PURCHASE OF MODULAR BUILDINGS FOR CARLSBAD CITY
LIBRARY LEARNING CENTER.
Council adopted RESOLUTION NO. 2005-1 1 I , authorizing the purchase of
modular buildings to be placed on site at the Carlsbad City Library Learning
Center for the use by the Head Start Program.
6. AB #18,078 -ACCEPTANCE OF CONTRIBUTION TO THE CITY OF CARLSBAD
POLICE DEPARTMENT’S JUVENILE JUSTICE PROGRAM.
Council adopted RESOLUTION NO. 2005-1 12, accepting a donation from the
Carlsbad Christmas Bureau in support of the Police Department‘s Juvenile
Justice Program.
ORDINANCE FOR ADOPTION:
7. AB #I 8.079 - ADOPTION OF ORDINANCE TO IMPLEMENT THE CITY’S
AGRICULTURAL MITIGATION FEE PROGRAM ZCA 04-04.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
ORDINANCE NO. NS-752, amending the Local Coastal Program
and Title 21 of the Municipal Code to implement the City’s
Agricultural Mitigation Fee Program incorporating the California
Coastal Commission’s suggested modifications.
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
April 19, 2005 Carisbad City Council Meeting Page 3
PUBLIC COMMENT:
Denise Austin, 2407 La Costa Avenue, #D, Carlsbad addressed Council. Ms. Austin
requested information about the earlier Closed Session discussions regarding the
homes at La Costa de Marbella.
City Attorney Ball stated that Council had given direction to the Attorney regarding this
matter during the Closed Session, and that if an agreement is reached with the
Homeowners Association Attorney, the City will report out the matter the following
week.
Kurt Burkhart, Executive Director of the Carlsbad Convention & Visitors’ Bureau
addressed Council regarding the new 2005 Visitors’ Guide that has been published to
promote Carlsbad.
PUBLIC HEARINGS:
8. AB #18,080 -ACCEPTANCE OF JUSTICE ASSISTANCE GRANT (JAG) FUNDING .
Lynn Diamond, Senior Management Analyst presented the staff report.
Mayor Lewis opened the duly noticed public hearing at 6:12 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
6:12 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-1 13, accepting specific projects for
funding under the Justice Assistance Grant Program.
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
9. AB #18,081 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH
THE CITY’S WEED ABATEMENT PROGRAM.
Karyn Vaudreuil, Fire Marshall, presented the staff report.
Mayor Lewis opened the duly noticed public hearing at 6:14 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
6:14 p.m.
April 19, 2005 Carlsbad City Council Meeting Page 4
IO.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-1 14, ordering the Fire Chief to abate
nuisances by having weeds, rubbish and refuse removed.
Lewis, Hall, Kulchin, Packard, and Sigafoose AYES:
NOES: None.
AB #18.082 -VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.17 CT 04-
O9/PUD 04-08.
Council Member Kulchin left the dais at 6:15 p.m. due to conflict of interest due to
ownership of property in the sphere of influence of the project.
Gary Barberio, Principal Planner, presented the staff report and reviewed a PowerPoint
presentation (on file in the City Clerk’s office). Mr. Barberio stated that a change to
Condition No. 42 and the elimination of Condition No. 45 of the Planning Commission
Resolution No. 2005-1 15 is being recommended by Engineering staff. He noted that
the revisions, that deal with the traffic signal at Estrella de Mar and Poinsettia are
contained in the Memorandum, dated April 19, 2005, from the Deputy Public Works
Director.
The applicant, Fred Arbuckle, President of Morrow Development, Wright Place,
Carlsbad came forward to address the Council, and to present a Power Point
presentation (not on file in the City Clerk’s Office) showing the project location and
details including lot sizes, grading, building height, and proposed recreational
amenities. Mr. Arbuckle requested that Council approve the project and the revised
conditions .
Mayor Lewis opened the duly noticed public hearing at 6:27 p.m. and asked if anyone
would like to speak. Seeing no one wishing to speak, Mayor Lewis closed the duly
noticed public hearing at 6:27 p.m.
City Manager Patchett requested that Council consider continuing the matter for one
week since neither he, nor the City Attorney, had seen the revisions contained in the
Errata Sheet prior to the meeting.
ACTION: On a motion by Mayor Pro Tern Hall, Council continued the matter
for one week.
AYES: Lewis,Hall, Packard, and Sigafoose
NOES: None.
ABSENT: Kulchin
Council Member Kulchin returned to the dais at 6:28 p.m.
April 19, 2005 Carlsbad City Council Meeting Page 5
1 I. AB #I 8,083 - HILTON CONFERENCE CENTER - CUP 04-21.
Mike Grim, Senior Planner, presented the staff report and reviewed a PowerPoint
presentation (on file in the City Clerk’s office) showing the project location, site
description, and project history.
In response to inquiry from Mayor Pro-Tem Hall regarding the ten year limit for the
proposed CUP, Mr. Grimm explained that current City policies require time limits be
established. He noted that staff is currently reviewing the policies and possible
revisions to the Ordinance, one of which would be the elimination of time limits.
The Applicant, Bill Canepa, 328 S. Nardo, Solana Beach, President of Wavecrest
Resorts, owners of the project came forward to address Council. Mr. Canepa stated
that the proposed conference facility will be consistent with the existing hotel. He
described the need for the additional meeting space in the community and requested
Council approval of the project.
Mayor Lewis opened the duly noticed public hearing at 6:35 p.m. and asked if anyone
would like to speak.
Kurt Burkhart, Executive Director of the Carlsbad Convention & Visitors’ Bureau, spoke
in support of the project and the need for the additional conference space in the City.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed public
hearing at 6:37 p.m.
ACTION: On a motion by Mayor Pro Tem Hall, Council adopted
RESOLUTION NO. 2005-1 16, approving a Conditional Use Permit
for the Hilton Conference Center Commercial Development located
at the southwest corner of the intersection of Carlsbad Boulevard
and Palomar Airport Road, in the southwest quadrant.
AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL
WATER DISTRICT
Mayor Lewis adjourned the City Council Meeting to the Special Meeting of the Carlsbad
Municipal Water District at 6:40 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District to
the remainder of the City Council Meeting at 6:41 p.m. with all members present.
April 19, 2005 Carlsbad City Council Meeting Page 6
DEPARTMENTAL AND CITY MANAGER REPORT:
12.AB #18,062 - PRESENTATION FROM RANCHO CARLSBAD OWNERS’
ASSOCIATION.
Lloyd Hubbs, Public Works Director, Glen Pruim, Deputy Public Works Director, and
Sandra Holder, Community Development Director, presented the staff report and
reviewed a PowerPoint Presentation (on file in the City Clerk’s ofice). Mr. Hubbs
showed the location of the Rancho Carlsbad Mobile Home Park and the drainage
patterns of the Agua Hedionda Watershed area, including the Agua Hedionda Creek,
Raceway Creek, Calavera Creek and Holly Springs Creek.
Mr. Hubbs presented a history of the development of Rancho Carlsbad and the channel
flood control facilities that were privately maintained. He explained that in the early
1980’s FEMA had identified the homes as located in the floodplain. Mr. Hubbs
continued with a history of the Rancho Carlsbad Flood Control Program, noting that
several projects are needed as part of a multifaceted solution for the area, including:
use of four basins for sediment control; dredging and improvement of Agua Hedionda
and Calavera Creek Channels; repair of the Lake Calavera Outlet; and construction of
an 84” storm drain. Mr. Hubbs outlined the progress on the projects, explained the
requirements for necessary agency permits, and presented a timeline for completion.
Mr. Pruim described the two options for completion of the storm drain (84” pipeline)
project, which include: 1 .) Developer construction of the project concurrent with
development of Robertson Ranch, and 2.) City construction of the project as part of the
City Capital Improvement Progam.
Mr. Pruim explained that the Agua Hedionda Lagoon Channel Dredging and
Improvement Project would include dredging of sediment, restoration of channel slopes
to original configuration, vegetation removal, widening and improvements at confluence
with Calavera Creek, encasement of bridge piers with concrete skirt, and installation of
mitigation.
He explained the issues and necessary environmental approvals (CEQA, EIR, NEPA),
stating that the dredging project between Cannon Road and El Camino Real contains
very sensitive habitat and also requires a coastal permit. He noted that it is estimated
that completion of this project would reduce the number of homes in the floodplain from
163 to 12.
Mr. Pruim presented the projected timeline for the dredging project, with preliminary
design estimated for completion in Fall, 2005 and completion of construction estimated
for Winter, 2007. He also presented the projected timeline for the Lake Calavera Outlet
Repair Project, with preliminary design estimated for completion in Spring, 2005 and
completion of construction estimated for Spring, 2006. He noted that all schedules
were dependent on Agency Permit issuance and construction restrictions.
April 19, 2005 Carlsbad City Council Meeting Page 7
Mr. Pruim continued by outlining the requests from the Rancho Carlsbad Homeowners
Association for: prioritizing the project; providing city funding for advance construction
of the 84” storm drain; initiating the storm drain environmental process; placing the
storm drain within the Cannon Road right-of-way; initiating the new CLOMR process
with FEMA; initiating the Calavera outlet repair in 2005; preparing the dredging plan for
the Agua Hedionda Dredging and Improvement Project; submitting permit applications
to agencies; including dredging costs in 2005-06 budget; modifying the design and
construction of BJB basin, box culvert and weir wall; and providing reports and
monitoring of projects.
In response to an inquiry from Mayor Pro-Tem Hall, Mr. Hubbs responded that, if the
Lake Caiavera valve were working correctly, it would allow approximately 15 feet of
water to be drained to prevent overflow.
In response to a question from Council Member Sigafoose, Mr. Hubbs stated that if
Robertson Ranch project did not construct the pipeline, the construction would revert to
the city.
In response to an inquiry from Council Member Packard, Community Development
Director Sandra Holder stated that the Environmental Impact Report (EIR) for the
Robertson Ranch Master Plan has begun.
In response to an inquiry from Council Member Kulchin, Mr. Pruim explained that the
developer would have more flexibility to be able to begin the storm drain project, and to
design and purchase materials more quickly than the City. He noted that, if the project
were to be built by the City, the design would have to done first after environmental
approvals were received. He stated that formal bidding procedures must be followed to
award the contract for construction, which would then allow for purchase of materials.
In response to an inquiry from Mayor Pro-Tem Hall regarding the EIR for the project,
Ms. Holder and City Attorney Ball confirmed that, if the developer’s EIR is certified and
they decide not to go forward with the project, the City should be able to complete the
project using the previously approved EIR.
In response to an inquiry from Mayor Lewis, Mr. Pruim stated that current analyses do
not have the level of detail to show the direct benefit of the storm drain project for
removing some of the homes from the flood plain.
In response to an inquiry from Council Member Packard, Mr. Pruim stated that the
dredging project is estimated to be the most critical part of the flood control program
and will take the longest time to complete, due to the to the time it will take to obtain the
necessary agency permits.
Mr. Hubbs added that there are benefits to the 84” storm drain. He estimated the
pipeline would take about one quarter of the flow out of the creek, thereby improving
the situation for homes along the creek bank.
April 19, 2005 Carlsbad City Council Meeting Page 8
In response to an inquiry from Council Member Kulchin, Mr. Hubbs explained that
permits from the Regional Water Quality Control Board, Army Corps of Engineers which
includes approval from U.S. Fish & Wildlife, and Coastal Commission which includes
approval from State Fish & Game, would be required for the dredging project.
Bill Arnold, 3432 Don Ortega Drive, Carlsbad addressed the Council. He requested
that the City take over responsibility for construction of the 84” pipeline, as he believes
that the City will be able to complete the project earlier than the developer could. He
questioned the extent of the environmental issues and why that should be necessary
for re-directing the water under the roadway. Mr. Arnold stated that the box culvert and
weir wall do not work well, causing erosion to the opposite bank. He also commented
regarding the fourth basin and the fact that it will not be built until the College Avenue
extension is completed.
John Murphey, 5180 Don Rodolfo Drive, Carlsbad addressed the Council. He
concurred with the comments regarding the ineffectiveness of weir wall. He stated that
the safety of the city’s citizens is the responsibility of the City Council, and should be
their highest priority. Mr. Murphey expressed concern regarding tying the completion of
the projects to development due to potential litigation, which could delay completion of
the projects.
In response to an inquiry from Council Member Sigafoose, Mr. Hubbs stated that the
84” pipeline was not included in the EIR for Cannon and College and will require an
environmental assessment, which at minimum would be a negative declaration.
Mr. Hubbs stated that the impacts could be minimized due to the project’s relationship
to the existing road.
Brian Millich, of McMillin Company, 2727 Hoover Avenue, National City addressed
Council. He noted that the developer is not involved in the dredging project, and
responded to questions regarding the schedule for the 84” pipeline. He stated that the
schedule as presented is very workable. Mr. Millich explained that they have already
started design work for the pipeline, and that it is planned for just outside the current
road right-of-way in order to minimize traffic impacts during construction. He noted that
this design will cost approximately $300,000 to $400,000 less than placing the pipe in
the roadway, and will also take two-three months less time to complete.
By consensus, Council received the report and took no action on the matter.
13.AB #18,084 - SISTER CITY COMMITTEE APPOINTMENTS.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2005-1 17, and RESOLUTION NO. 2005-1 18, appointing Peter Yin
and Jodi Stein to the Sister City Committee, and continuing one
appointment (Resolution No. 2005-1 19) to a future meeting.
- AYES:
NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
April 19, 2005 Carlsbad City Council Meeting Page 9
COUNCIL REPORTS AND COMMENTS:
Mayor Lewis and Council Members reported on activities and meetings of some
committees and sub-committees of which they are members.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS:
Karen Kundtz, Assistant City Clerk, announced that Council Members have been
invited to attend, and may be participating in the following events:
Wednesday, April 20, 2005 - I1 :00 am. - I :00 p.m.
Joint Special Meeting
City CouncilNVater Board/Housing & Redevelopment Commission
1635 Faraday, Room 173A
Carlsbad, California
Monday, April 25, 2005 - 12:OO p.m.
Hi-Noon Rotary
Olympic Resort Hotel
6111 El Camino Real
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of April 19, 2005 was adjourned at 8:06 p.m.
Assistant City Clerk/