HomeMy WebLinkAbout2006-07-19; City Council; MinutesMINUTES
CITY OF CARLSBAD CITY COUNCIL WORKSHOP
SPECIAL MEETING
Room 173 A
1635 Faraday
Administrative Center
Wednesday, July 19, 2006
CALL TO ORDER: 8:05 a.m.
ROLL CALL: Lewis, Hall, Kulchin, Packard, Sigafoose were present.
Agenda Item #1: Council discussion on Council Member reports on regional roles and
assignments, as necessary.
Council Member Sigafoose reported on the Full Access Coordinated Transportation
(FACT) pilot program for North County. She noted that FACT coordinates resources for
this program by software.
Council Member Packard inquired if the City Manager would contact San Marcos
Unified School District to set up a meeting regarding traffic on Melrose Drive and the
Carrillo Elementary School hours of operation.
Mayor Lewis discussed a report from the water resources Communications and
Legislation Committee regarding Support of Statewide Propositions IE and 84. (This
item is on file in the Office of the City Clerk). The Mayor stated that he had concerns
regarding Prop 84 funding allocations. He polled Council as to their support of the
proposition and noted he would report their position at the San Diego County Water
Authority meeting. Council Members Sigafoose, Hall and Packard did not support the
Proposition and Council Member Kulchin supported the Proposition.
Agenda Item #2: Discussion of processing of proposed initiatives and proposed Council
ballot measures.
Council Members responded regarding their review of the Citizen's Committee Report.
(This item is available in the Office of the City Clerk). '
Mayor Pro Tern Hall discussed the Agua Hedionda Land Use report of 1982 and the
HMP amendment of 2003. Mr. Ball confirmed that these documents are the current and
approved Local Costal Plan (LCP) documents.
City Council Workshop July 19, 2006 Page 1
Council concurred with the Committee recommendations laid out on page 17 of the
Citizens' Report.
Michael Holzmiller, Planning Consultant, discussed the Concerned Citizens Initiative and
Committee recommendations in relation to the Agua Hedionda Land Use Plan and
current LCP. He noted that the Citizens' Committee recommendations will not change
the LCP, Carlsbad Ranch Specific Plan or the Agua Hedionda Land Use Plan.
He also noted that the Citizens' Committee recommendations ask that the City begin a
comprehensive and deliberative planning effort of the area with citizen input.
Mr. Holzmiller then discussed the proposed City ballot measures with the Council.
Mayor Lewis and Mayor Pro Tern Hall proposed titles for the City's ballot measure.
Agenda Item #3: Discussion of proposed quiet zones under Federal law and
implementation by NCTD.
Council Member Sigafoose stated she would like the City to work with NCTD to
implement quiet zones for trains passing through the city. She noted that the costs are not
yet available for the design, building and maintenance, however, $500/year/intersection
would be charged for liability.
City Manager Ray Patchett stated that staff could bring back a report to Council on the
construction of these quiet zone areas along with financial analysis and opportunities.
Agenda Item #4: Discussion of actual, pending and proposed improvements along El
Camino Real.
Deputy Engineer Bill Plummer gave an overview of the current and pending projects
along El Camino Real.
2006
Approximate Location Type of Project
Carlsbad Village Drive 10" Water Pipe Replacement
North of Cannon Median Construction
Cougar Widen east side/west side
Faraday Intersection Right-hand turn lanes/ change signal lights
South of Palomar Airport Road to Dove Pavement overlay
Bressi Ranch at Cassia Widening third lane
Mayor Pro Tem Hall requested that signage be placed so as to inform citizens about the
overlay timing. He also suggested that the schedule for the overlay be placed in the
paper.
City Council Workshop July 19, 2006 Page 2
2007
Approximate Location Type of Project
Tamerack to Chestnut East/west widening
Robertson Ranch area (if Master Plan approved) East/west widening
Kelly crossing 12" water main
Near Jackspar 12" water main (west side)
Faraday to Cougar 30" water main, east side overlay
Cassia to Gateway Widening
2008
Approximate Location Type of Project
Chestnut /Tamerack Traffic signals
North of College Widening west side
Mr. Plummet stated that 2010 to build-out the following projects are potentially
scheduled on El Camino Real: Widening, median improvements, turn lanes and
intersection improvements.
Agenda Item #5: Receipt and discussion of Planning Commission comments and
concerns regarding development processing, procedures, and other land use issues.
The Mayor noted that after the Robertson Ranch hearings are complete he will meet with
the Planning Commission to share any concerns.
Agenda Item #6: Discussion of Council efficiency and effectiveness including impact of
regional assignments with regard to contact with other Council members, decision and
policvmaking, serving the community and effective methods of feedback.
Mayor Lewis stated that this item is going well.
Agenda Item #7: City Manager review of goal and major project tracking report and
update discussion of Council goal setting process and discussion of capacity and
effectiveness in the delivery of City processes and services.
Mr. Patchett gave an update on the top 15 projects in the City. (This spreadsheet is on
file in the Office of the City Clerk.)
Recess:
The Mayor called a recess at 9:15 a.m. and all Council Members reconvened at 9:25 a.m.
City Council Workshop July 19, 2006 Page 3
Continuation of Item #7:
Mr. Patchett noted the progress on the Rancho Carlsbad Project (Priority 1). He stated
that he will investigate whether certain projects such as the 84" pipeline can be decoupled
from the Robertson Ranch project proposed timelines.
Communications Manager Denise Vedder reported on Communication (Priority 2)
improvements such as streaming video.
Progress on Village Standards (Priority 3), Ponto (Priority 4) and EWA dealerships
(Priority 5) were stated by Mr. Patchett. Mr. Patchett also noted that he would follow up
by letter with Westfield (Priority 6) regarding previous City correspondence.
Mr. Patchett also discussed the progress on the Golf Course (Priority 7), Alga Norte Park
(Priority 8), and noting that the team working on Cannon Gateway (Priority 9) had been
re-deployed to work on the Citizens' Committee.
He further reported on the Development Process Review (Priority 10), Desalination
(Priority 11), HMP/Open Space (Priority 12). Mr. Patchett noted that responses were due
from surrounding municipalities regarding the Joint First Responders Training Facility
(Priority 13). Mr. Patchett ended the report by brief updates on Village Area Streetscape
Maintenance (Priority 14) and Regional Issues (Priority 15).
Council Member Kulchin discussed the history and timeline for beach sand preservation
efforts.
City Engineer Skip Hamman gave Council projected dates for the opening of Melrose
north to Vista city limits. He noted that Council Policy No. 63 will return to Council in
early August and the road will open either the 2nd or 3rd week of August.
Agenda Item #8: Discussion of feedback, communications or correspondence on issues
for the good of the community, including directions to the City Manager or City
Attorney, as appropriate, for the scheduling of items for future agendas, workshops or
study sessions.
Mayor Lewis stated that he would like to have a workshop on Smart Growth/density in
the Council Chambers with SANDAG members present.
Council Member Hall asked if the Citigate report could return to the workshop in August.
Ray Patchett stated that he would schedule these meetings.
Discussion ensued regarding a potential second ballot measure sponsored by Council
Members. The Mayor explained that this second measure would address financial
impacts of proposed land purchase.
City Council Workshop July 19, 2006 Page 4
Agenda Item #9: Public Comment.
Dee Ann Gee, 2727 Spokane Way, asked if the Concerned Citizens initiative could be
removed from the ballot. Ron Ball, City Attorney, stated that the only way to remove the
initiative is through the court.
Kasey Cinciarelli, Lyons Court, indicated that the workshop was not noticed. She also
stated that the flower fields are not preserved in perpetuity. She further stated that the
report on the fiscal impact of the Concerned Citizens Initiative was not a balanced report.
Ms. Cinciarelli noted that Preserve Calavera was holding a fundraising activity to
purchase open space.
The meeting adjourned at 10:04 a.m.
Lorraine M. Wood
City Clefc
City Council Workshop July 19, 2006 Page 5
July 17, 2006
TO: CITY COUNCIL MEMBERS
FROM: MAYOR LEWIS
RE: Propositions 1E and 84
Attached is a presentation regarding the expressed support for Propositions 1E
and 84 from the San Diego County Water Authority. Please review this
document and formulate your recommendations, both pros and cons, regarding
Propositions 1E and 84.
Please have your recommendations available at the upcoming City Council
Study Session (7/19/06). It is my intention express the City's position at the next
San Diego County Water Authority meeting.
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RESOLUTION NO. 06-07
RESOLUTION OF THE BOARD OF DIRECTORS OF NORTH COUNTY TRANSIT
DISTRICT ESTABLISHING A POLICY FOR COOPERATING WITH PUBLIC
AUTHORITIES TO PURSUE RAILROAD CROSSING QUIET ZONES PURSUANT TO
49 CFR PART 222
WHEREAS, on June 24, 2005, the Federal Railroad Administration (FRA) implemented
its final rule regarding requirements for the sounding of locomotive horns forat-grade
public crossings in 49 CFR Part 222 more commonly know as the Train Horn Rule; and
WHEREAS, 49 CFR Part 222 enables a Public Authority (herein referred to as "CITY"),
defined as public entities responsible for traffic control and law enforcement at public
highway-rail grade crossings, but not railroads or train operators, to establish "Quiet
Zones" within which the sounding of locomotive horns shall not be required at at-grade
public crossings during normal operations, provided minimum safety requirements and
thresholds are met; and
WHEREAS, the North County Transit District (NCTD) is the owner of and maintains the
railroad facility and rights-of-way between the Orange/San Diego County boundary and
the Del Mar/San Diego CITY boundary (a portion of the "San Diego Subdivision"), and
between Oceanside and Escondido ("Escondido Subdivision"); and
WHEREAS, NCTD maintains the railroad facility between the Del Mar/San Diego CITY
boundary and "E" Street in the CITY of San Diego, pursuant to a Joint Use Agreement;
and
WHEREAS, certain CITIES and the County of San Diego have, or may indicate a desire
to establish Quiet Zones on the Rail Right-of-Way within their boundaries; and
WHEREAS, NCTD desires to cooperate with the CITIES who wish to pursue and
establish Quiet Zones under the new federal regulation so as to encourage improved
grade crossing safety and consistency of design, construction, maintenance, and
operation of the NCTD system and railroad infrastructure; and
WHEREAS, the new Federal Regulation enhances the safety of grade crossings
included within Quiet Zones and establishes a Federal standard of care, which
preempts State Rules and tort law for the purpose of providing immunity to NCTD, the
CITIES and the rail operators against liability for accidents at Quiet Zone grade
crossings, if the Supplementary Safety Measures, required by the Federal Regulation,
are present.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of North County
Transit District that NCTD establishes a policy for cooperating with CITIES which seek
to establish Quiet Zones as follows:
1. Purpose
1. Purpose
NCTD adopts a position of support for CITIES which seek to develop and fund
future Quiet Zone projects within their jurisdictions pursuant to 49 CFR Part 222.
To ensure maximum safety, uniformity and reliability of all Quiet Zone related
facilities NCTD shall develop standard procedures pursuant to the requirements of
CFR 49 Part 222.
2. Lead Agency
The CITY seeking to establish a Quiet Zone within its jurisdiction, shall act as the
lead agency and shall comply with the requirements set forth in 49 CFR Part 222.
As the lead agency, the CITY is responsible for securing the funding, permitting and
approvals necessary to create a Quiet Zone and for producing studies and
documentation as may be required by the regulations or administrative policies and
procedures of the Federal Railroad Administration (FRA), the California Public
Utilities Commission (CPUC) and NCTD.
3. Cost Neutral to NCTD
The evaluation, application, planning, development and review processes
necessary to implement a Quiet Zone shall be cost neutral to NCTD. All costs
incurred by the NCTD in association with any Quiet Zone project, including but not
limited to staff time, consultant fees, attorneys fees, environmental studies, permits,
inspection fees, flag-protection fees and engineering fees, will be reimbursed by the
CITY under an NCTD standard Combined License, Cost and Maintenance
Agreement ("Cost and Maintenance Agreement").
4. NCTD Assistance
NCTD shall offer its assistance to the CITY in the analysis, planning and review
required to evaluate the viability, design and construction of improvements
necessary to implement a Quiet Zone.
5. Quiet Zone Design
The design of all railroad improvements necessary for the implementation of a
Quiet Zone shall be carried out by NCTD, following comprehensive diagnostic
reviews and processes. Said improvements may include, but are not limited to:
warning devices, gates, power-out indicators, wayside horns, Quiet Zone
confirmation signals, exit management systems, grade crossing panels, signal
system modifications, additions and alterations of signal housing and cases,
pedestrian control devices, third-party utility connections, relocations, modifications,
upgrades, and in-pavement loop detectors, if applicable.
The design and costs associated with all non-railroad items including but not limited
to: paving, striping, pavement signage, curbs, medians, roadway signage, in-
pavement loop detectors, and other traffic and pedestrian control devices shall be
the responsibility of the CITY and shall be coordinated with the design of railroad
improvements, as provided in the Cost and Maintenance Agreement.
6. Combined License, Cost and Maintenance Agreement
NCTD and each CITY will enter into a Cost and Maintenance Agreement, which will
contain all the pertinent provisions concerning the construction and maintenance of
the Crossing Improvements, Right of Entry and Use Provisions, Relocation
Provisions, Indemnification and Insurance Provisions, and the Cooperation on
Defense Provisions.
7. Construction
The construction of all railroad improvements necessary for the implementation of a
Quiet Zone shall be carried out by NCTD.
Quiet Zones will be constructed in a manner as to not interfere with the safe use of
the railroad corridor during and subsequent to construction.
The Cost and Maintenance Agreement shall provide that the CITY shall pay the
estimated cost of design and construction of all railroad improvements necessary
for the implementation of the Quiet Zone to NCTD, in advance.
The CITY shall be responsible for the construction and cost of all non-railroad
items. All non-railroad related work shall be coordinated with railroad
improvements to be constructed by NCTD, as provided in the Cost and
Maintenance Agreement.
8. Maintenance
Pursuant to the Cost and Maintenance Agreement, NCTD shall provide required
maintenance for additions to and/or modifications of any railroad equipment
improvements necessary for the implementation of the Quiet Zone, both for existing
and for new or expanded at-grade pubic crossings. The Cost and Maintenance
Agreement shall specify the portion of the cost of the required maintenance which
shall be passed on to the CITIES.
9. Indemnification
Public Authority
CITY shall indemnify, defend and hold harmless NCTD and its Board, and each
member of the Board, the National Railroad Passenger Corporation ("AMTRAK"),
the Burlington Northern & Santa Fe Railway ("BNSF"), the Southern California
Railroad Authority ("SCRRA"), Rail America, the San Diego and Imperial Valley
Railroad ("SDIVR"), and any other entity performing maintenance work on the
Right-of-Way, and any other entity providing passenger rail operation services for
NCTD on the Right-of-Way, and any other entity providing dispatch services to
NCTD for the Right-of-Way, their officers, agents and employees ("Indemnitees"),
from any and all liability, loss, expense (including reasonable attorneys' fees and
other defense costs), demands, suits, liens, damages, costs, claims, including, but
not limited to, claims for bodily injury, death, personal injury, or property damage,
that are incurred by or asserted against the Indemnitees arising out of or connected
with a failure to comply with the Federal Rule and any negligent acts or omissions
on the part of the CITY, its Council, officers, agents, contractors, or employees
under or in connection with any work, authority or jurisdiction of CITY required by
the Federal Rule and related to the establishment and operation of the Quiet Zones
at Crossings.
NCTD
NCTD agrees to indemnify, defend and hold harmless the CITIES and their
respective board members, officers, agents, volunteers, contractors, and
employees, from any and all liability, loss, expense (including reasonable attorneys'
fees and other defense costs), demands, suits, liens, damages, costs, claims,
including but not limited to, claims for bodily injury, death, personal injury, or
property damage, that are incurred by or asserted against the CITY Indemnitees
arising out of or connected with any negligent acts or omissions on the part of
NCTD, its Board, officers, agents, contractors, or employees, under or in
connection with any work, authority or jurisdiction delegated to NCTD under the
Combined License, Cost and Maintenance Agreement between NCTD and the
CITY.
10. Insurance.
(a) During Construction:
(i) In the event CITIES engage in construction activities within the
Crossing covered by the Cost and Maintenance Agreement, the CITIES
shall cause to be procured and maintained, in full force and effect, during
construction of the said Improvements, general and railroad protective
insurance, as required by NCTD, in the amounts, coverage, and terms and
conditions specified, and issued by insurance companies in the Temporary
Right of Entry Agreement.
(ii) NCTD shall cause to be procured and maintained, in full force and
effect, during construction of the Quiet Zone Improvements, general and
railroad protective insurance, and the cost of said insurance shall be a cost
of construction of the Improvements, which shall be passed on to the
CITIES.
(b) Post Construction
NCTD shall procure and maintain the insurance, which shall, if available
on the open market, name the CITIES as additional insureds. To the
extent the procurement and maintenance of the insurance containing
coverage for liability resulting .from the implementation of the Quiet Zone
and/or the improvements required to implement the Quiet Zone, costs
more than a policy without said coverage, the incremental increase in
insurance costs shall be paid by CITY and other CITIES which have Quiet
Zones on NCTD's Right-of-Way. The CITY'S incremental cost shall be
determined on an annual basis and will be proportional to the number of
Quiet Zone Grade Crossings within each CITY.
11. Termination
In the event NCTD shall be unable to procure liability insurance described in
paragraph 10(b) above, the CITIES shall, at their discretion, have the right to
terminate the Quiet Zone designation, and those provisions contained in the Cost
and Maintenance Agreement relating to indemnification and insurance, as set
forth in the Cost and Maintenance Agreement.
12. Cooperation in Defense of Claims
NCTD and each CITY will agree in the Construction and Maintenance Agreement
to cooperate in good faith in any claim or litigation alleging liability of the CITY
and NCTD, to seek a prompt disposition of the CITY and NCTD, by way of
dismissal or summary judgment.
PASSED, APPROVED AND ADOPTED at the regular meeting of the Board of Directors
of the North County Transit District this 15th day of June, 2006.
CHAJR, North County Transit District
\TTEST:
SECRETARY, Nortfi County Transit District