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HomeMy WebLinkAbout2006-10-10; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 10, 2006 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Hall, Packard and Sigafoose. Absent: Kulchin. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Hall, minutes of the following meetings were approved as presented: Minutes of the Special Meeting held September 19, 2006. Minutes of the Regular Meeting held September 19, 2006. Minutes of the Special Meeting held on September 20, 2006. PRESENTATIONS: Mayor Lewis presented a proclamation to Mr. Fred Chambers in recognition of White Cane Safety Day, October 15, 2006. Mayor Lewis presented a proclamation to Fire Chief Kevin Crawford in recognition of Fire Prevention Week, October 7-14, 2006. PUBLIC COMMENT: Michele Levy, 3021 Highland, Carlsbad, came forward to address Council. Ms. Levy spoke in opposition of Proposition D and in favor of Proposition E. Ms. Levy also spoke about the amount of funds spent on the golf course. She stated she felt more funds should be spent on safety. Laura Pope, 2656 D Village Circle, Carlsbad, came forward to address Council. She thanked Council for distributing the Citizen's Committee matrix on Propositions D and E. Ms Pope explained differences between the two propositions. Jim Brubaker, 1410 Buena Vista Way, Carlsbad, came forward to address Council. Mr. Brubaker spoke in opposition to Proposition E. David Brahms, Carlsbad, came forward to address Council. Mr. Brahms spoke in opposition to Proposition E and in favor of Proposition D. October 10, 2006 Carlsbad City Council Meeting Page 2 Joni Miringoff, Esfera Street, Carlsbad, came forward to address Council. Ms. Miringoff spoke in favor of Position D. ADJOURNMENT TO THE SPECIAL MEETING OF CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 6:27 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 6:29 p.m. with four Council Members present. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. DEPARTMENTAL AND CITY MANAGER REPORTS: 1. AB #18.754 - REQUEST FOR "IN KIND" SERVICE ASSISTANCE. Lt. Don Rawson introduced La Costa High School Associated Student Body representatives Kayla Anderson and Casey Fitzpatrick. Ms. Anderson and Ms. Fitzpatrick requested assistance for "in kind" city services for the school's homecoming parade that will require the closure of Calle Acervo Street. Ms. Fitzpatrick stated the costs associated with closing the street were not anticipated in their event budget. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOULUTION NO. 2006-292 providing "in kind" service assisting the La Costa Canyon High School Associated Student Body for its homecoming parade. AYES: Lewis, Hall, Packard and Sigafoose. NOES: None. ABSENT: Kulchin. 2. AB #18.755 - PRINCIPLES AND GUIDELINES FOR NAMING OPPORTUNITIES Library Director Heather Pizzuto provided Council with a presentation (on file in the Office of the City Clerk) on the guidelines for naming opportunities for the Carlsbad Library Learning Center by the Carlsbad Library and Arts Foundation. Mr. Pizzuto explained that during a Council workshop held in August, principals and guidelines were identified to aide in the development of an agreement with the Foundation to offer naming opportunities. Ms. Pizzuto further stated the guidelines allow for fiscal responsibility and ensure that funds will come into the City for the Learning Center. Ms. Pizzutto also added the Foundation proposal has been checked against the use of October 10, 2006 Carlsbad City Council Meeting Page 3 naming opportunities in other libraries and public institutions and has been found to be typical in both target donation levels and in practice. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOULUTION NO. 2006-293 approving principles and guidelines for the crafting of an agreement with the Carlsbad Library and Arts Foundation to offer naming opportunities within the Carlsbad Library Learning Center to prospective donors. AYES: Lewis, Hall, Packard and Sigafoose. NOES: None. ABSENT: Kulchin. 3. AB #18.756 - REPORT ON PROPOSITION C. Senior Planner Mike Grimm gave the report on the Proposition C Open Space Committee. He also reviewed a PowerPoint presentation (on file in the Office of the City Clerk), and requested a time extension for the Committee. Mr. Grimm informed Council that the Proposition C Open Space Committee was established for two primary purposes, to establish priorities for open space property acquisition and trail linkage projects; and to make recommendations on potential candidate acquisitions. Mr. Grimm stated the Committee reviewed materials that included the General Plan, Open Space and Conservation Element, the Open Space and Conservation Resource Management Plan, the Habitat Management Plan, and the Citywide Trails Program. He further stated the Committee conducted tours of all the open space areas in the city. Mr. Grimm explained the criterion ranking open space was divided into three different groups, with the highest priority given to special interest habitats such as vernal pools, trail linkages, connectivity to biological and wildlife corridors, as well as any property that would satisfy both open space and trail interests. Mr. Grimm reported the Committee is now prepared to gather a list of potential properties that will be reviewed against the ranking criteria and then be presented to City Council. He further reported that starting on October 17, 2006 public input on this list will be received for 30 days. Mr. Grimm stated the Committee is set to sunset on October 17, 2006. He requested additional time be allotted to the Committee's term to allow it to complete its task and present its report with recommendations to City Council in January 2007. Mr. Grimm suggested the Committee's sunset be moved to January 31, 2007. In response to an inquiry from Mayor Pro Tern Hall, Mr. Grimm replied that when Council accepts the list, the Committee's task is complete. Mr. Grimm added that Council would work with staff and continue the process regarding funding. He further stated the Committee did not discuss funding from the Proposition C monies or the acquisition of the properties. Michele Levy, 3021 Highland, Carlsbad, expressed her concerns about not knowing who was appointed to the Open Space Committee. Mayor Lewis suggested that Ms. Levy attended the meetings. October 10, 2006 Carlsbad City Council Meeting Page 4 Ron Alvarez, 354 Oak Avenue, Carlsbad, stated the Committee was too late to protect the SDG&E and Carltas properties. Mr. Alvarez thanked the Committee for its effort in identifying properties to be included as part of the 40% of land that is needed to remain as open space. William Griffith, 2728 Waterbury Way, Carlsbad, spoke about the City's Growth Management Plan. He expressed his concerns regarding the City's definition of open space uses. Mr. Griffith said land should remain in its natural state, which can include agriculture, fallow land, as well as grass. Kasey Cinciarelli, 2727 Lyons Court, Carlsbad, spoke about allocating more staff time to locate matching funds and educating Carlsbad citizens on the role the natural environment plays in preserving quality of life. She expressed her concerns about the amount of land that the City owns in its natural state and urged Council to set aside upfront monies to secure more natural lands. Mike Grimm announced the next scheduled Open Space Committee meeting will be held on December 1, 2006 at 9:00 or 10:00 a.m. at the Faraday building and will be posted on the City's website and outside of City Hall and the Faraday Center. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOULUTION NO. 2006-294 accepting the Proposed Ranking Criteria and Public Outreach Program report from the Proposition C Open Space and Trails Ad Hoc Citizen's Advisory Committee, and extending the term of the Committee to January 31, 2007. AYES: Lewis, Hall, Packard and Sigafoose. NOES: None. ABSENT: Kulchin. 4. AB #18.757 - RAILROAD CROSSING QUIET ZONES. Deputy City Engineer Bob Johnson gave the report and PowerPoint presentation (on file in the Office of the City Clerk). Mr. Johnson stated several types of trains travel through Carlsbad such as the Amtrak, Coaster and freight trains. He said the issue is brought before Council because of complaints that have been received regarding locomotive horns being blown late at night, inappropriately and excessively, and the desire from the citizens to have the horns quieted. Mr. Johnson said the Federal Railroad Administration published a final rule on April 27, 2005, that requires train horns to be sounded at public at-grade railroad crossings. He reported the ruling stated the horn will be sounded approximately 15-20 seconds before the trains enter the at-grade railroad crossing; however, not more than one-quarter of a mile in advance of that crossing. He further added the final rule supersedes any local and state rules throughout the United States. Mr. Johnson explained the rule also provides a provision for the local agency or public authority to establish a railroad quiet zone. October 10, 2006 Carlsbad City Council Meeting Page 5 Mr. Johnson stated to establish a quiet zone in Carlsbad it would require approval of the California Public Utilities Commission and Federal Railroad Administration as well as coordination with NCTD who owns the railroad track and stations. Mr. Johnson explained that Carlsbad has four at-grade railroad crossings: Grand Avenue, Carlsbad Village Drive, Tamarack Avenue and Cannon Road. He added that although each crossing would be reviewed individually, sidewalk, fencing, and landscaping improvements to open up visibility would probably be required in addition to the supplemental safety measures which could include quad gates, pedestrian gates, an upgrade of existing railroad crossing arms, and traffic signal pre-emption (so that the nearby adjacent signals get a green to enable vehicles to clear the railroad tracks). Mr. Johnson said that NCTD has developed a 19-step process to establish a quiet zone and Carlsbad would need to work through them. He also stated that Carlsbad would be responsible for liability insurance and future maintenance costs. Mr. Johnson explained that the estimate to implement a quiet zone at all four at-grade crossings would be in the range of $2 million to $2.7 million, which include design and construction. He added the insurance cost premium is estimated at between $500 to $700 per crossing per year; however, that number is based on all at-grade crossings quiet zones in San Diego County. Mr. Johnson stated that staff does not have an identified funding source to implement quiet zones and added the City Attorney has outside counsel reviewing the possibility of establishing an assessment district to fund the quiet zone. He also said that perhaps one of the statewide transportation bonds may have money allocated that the City can request to use. Mr. Johnson informed Council there is one private at-grade crossing just north of Cannon Road that is owned by SDG&E. He explained that quiet zones apply to public railroad crossings only, and added that based on the location of this private crossing, some of the benefit of establishing a quiet zone will be lost if this crossing is not also incorporated. Mr. Johnson said that discussions can take place with SDG&E to determine if they are willing to participate and make this crossing a quiet zone, and who will pay for the implementation. In response to an inquiry from Council Member Packard, Mr. Johnson stated that locomotive horns do need to be sounded when approaching at-grade crossings 24 hours per day. In response to an inquiry from Council Member Packard regarding the private railroad crossing, City Attorney Ron Ball explained the City would not have the permission to install supplemental improvements unless it acquires the property interests. Council Member Sigafoose asked how long it would take to establish a quiet zone. Mr. Johnson explained that it could take a couple of years to design and construct a quiet zone. October 10, 2006 Carlsbad City Council Meeting Page 6 In response to an inquiry from Mayor Pro Tern Hall, Mr. Johnson explained that if the train stops at the station, it is required to blow the horn and blow two toots as they leave the station. He added that NCTD is checking to see if the train horn has to be sounded if a train is passing through the station. Kelly Hicks, 159 Florita Street, Encinitas, stated this is an issue that will affect all of our local cities and did not understand why these measures are needed. Richard Donahue, 6480 Franciscan Road, Carlsbad, stated the station is a bigger part of the generated noise. Mr. Donahue urged that the stations be included in mitigating the noise and would support the establishment of an assessment district. He also added that in 1984 or 1985 South Pasadena and Highland Park put a "no whistling" ordinance into place. Cathyrn Miller, 5299 El Arbol, Carlsbad, stated she represented the Terramar Association and that train noise has increased in the past two years. She added the most annoying whistles come from the freight trains at night. She also said that the Association would like quiet hours and she would be happy to put microphones in her house if needed. Paul Washiko, 5445 El Arbol, Carlsbad spoke in favor of the City establishing a quiet zone and urged the City to do all of them at the same time, including the SDG&E crossing. Andrew Kennerly, 2778 Carlsbad Boulevard, #302 expressed support for assessment district. Ron Alvarez, 354 Oak Avenue, Carlsbad, stated he too, was affected by the train noise. He added that he felt people along the tracks would financially support the quiet zone and cover all the costs, and urged Council to move forward on this issue. Danny DeRose, 3985 Linmar Lane, Carlsbad, stated he likes trains and does not want to see a quiet zone implemented. Mr. DeRose said he does not want the engineer of the train responsible for the safety of pedestrians and vehicles. He further added he would not want to pay for the quiet zone. Al Gelbart, 5485 El Arbol, Carlsbad, spoke in favor of the City establishing a quiet zone. In response to an inquiry by Council Member Packard, Mr. Johnson replied the supplemental safety measures installed would compensate as an equal safety component for the lack of horn blowing at each of the at-grade crossings. Council Member Packard further asked if there were cost savings implementing certain quiet hours verses 24 hours a day quiet zone. Mr. Johnson replied the at-grade crossings would have to be constructed and implemented so that they meet all of the criteria and the requirements of a quiet zone for 24 hours a day. October 10, 2006 Carlsbad City Council Meeting Page 7 In response to an inquiry from Mayor Pro Tern Hall regarding excessive horn blowing, Mr. Johnson replied that citizens wishing to register a complaint can contact Mr. Wayne Penn at NCTD at 760-966-6604, with the date, time, direction of the train and the type of train, if possible, so NCTD can determine what was happening at a particular crossing. Mayor Lewis requested staff obtain information from South Pasadena and Highland Park on their ordinances regarding railroad noise. In response to an inquiry from Mayor Pro Tern Hall, Mr. Johnson replied, that staff would begin the process by gathering the engineering information so a site diagnostic meeting could take place. He further added that determining how to fund each step in the process should take place concurrently as the city moves forward. Mayor Lewis stated he would like to see an assessment district established for residents west of El Camino Real and requested staff return with a cost breakdown. Council Member Sigafoose stated the city needs to make the commitment to NCTD to initiate the process for quiet zones. Council Member Packard would like to have the issue with horns blowing at the stations resolved. He further added he would like to see the private crossing included in the quiet zone and funding secured. Mayor Lewis asked staff to return with a report that includes the financial aspects of establishing a quiet zone as well as addressing the concerns mentioned by Council. ACTION: On a motion by Mayor Pro Tem Hall, Council accepted the report regarding the possible initiation of Railroad Crossing Quiet Zones, and directed staff to begin the process. AYES: Lewis, Hall, Packard and Sigafoose. NOES: None. ABSENT: Kulchin. RECESS: Mayor Lewis declared recess at 8:13 p.m. Mayor Lewis reconvened the Council at 8:15 p.m. with four members present. PUBLIC COMMENT: Valerie Lindholm came forward to address Council. Ms. Lindholm spoke in favor of Proposition D and opposed Proposition E. William Griffith, 2728 Waterbury Way, Carlsbad, came forward to address Council. Mr. Griffith spoke about his candidacy for the position of Mayor. He also spoke in favor of Proposition E and in opposition to Proposition D. October 10, 2006 Carlsbad City Council Meeting Page 8 William Carroll, 2315 Rue des Chateaux, Carlsbad, came forward to address Council. Mr. Carroll spoke in favor of Proposition D and in opposition of Proposition E. 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: None. ADJOURNMENT: By proper rnotion, the Regular Meeting of October 10, 2006 was adjourned at 8:30 p.m. UNE M. WOOD, CMC City Clerk Sherry Freisinger Administrative Secretary