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HomeMy WebLinkAbout2006-11-14; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 14, 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, Kulchin, Packard and Sigafoose. Absent: None. PRESENTATIONS: Mayor Lewis presented a Proclamation to Christopher Beach of the La Jolla Music Society and Christopher Weil of the Mainly Mozart Organization in recognition of the Carlsbad Winter Music Celebration. Mayor Lewis presented a Retirement Proclamation to Lee Rautenkranz in recognition of her years of service to the City. CONSENT CALENDAR: Mayor Lewis requested and Council concurred to continue item no. 11a to the Regular Council Meeting of November 21, 2006. Item nos. 1, 2 & 7 were pulled for discussion. ACTION: On a motion by Mayor Pro Tem Hall, Council affirmed the action of the Consent Calendar, item nos. 3 through 6 and item nos. 8 through 11 as follows: AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #18.791 -APPROPRIATION OF FUNDS FOR VEHICLE REPLACEMENT PURCHASE. This item was pulled for discussion. 2. AB #18792 - ROBERTSON RANCH PARKLAND AGREEMENTS. This item was pulled for discussion. November 14, 2006 Carlsbad City Council Meeting Page 2 3. AB #18.793 -APPROVAL OF AGREEMENT. Council adopted RESOLUTION NO. 2006-326. approving an agreement between the Leucadia Wastewater District, Vallecitos Water District and the City of Carlsbad to provide wastewater collection, treatment and disposal service for Fire Station No. 6. 4. AB #18.794 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2006-327. accepting bids and awarding the contract for On-Site Wetland Mitigation Restoration for Rancho Santa Fe Road North, Project No. 3907. 5. AB #18.795 - APPROPRIATION OF FUNDS. Council adopted RESOLUTION NO. 2006-328. appropriating funds to initiate analysis and design of a concrete barrier replacement for the Carlsbad Boulevard at State Street, Project No. 6016. 6. AB #18.796 - BUREAU OF JUSTICE GRANT. Council adopted RESOLUTION NO. 2006-329. accepting the FY 06 Bureau of Justice Award, and appropriating the funds in support of law enforcement functions, and accepting the bid from Advanced Interactive Systems for the purchase of a computer-based firearms training system in compliance with the grant. 7. AB #18.797 - ADVERTISE FOR BIDS. This item was pulled for discussion. 8. AB #18.798 - CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT PROGRAM. Council adopted RESOLUTION NO. 2006-331. authorizing a funding request to the State Department of Conservation's Division of Recycling. 9. AB #18.799 - EASEMENT VACATION. Council adopted RESOLUTION NO. 2006-332. summarily vacating a waterline easement over Assessor Parcel Nos. 211-021-30, 211-021-31, and 211-021-32, King's Fishhouse, PR 05-32. 10. AB #18.800 - EASEMENT VACATION. Council adopted RESOLUTION NO. 2006-333. summarily vacating a public utility easement over Assessor Parcel Nos. 211-021-31 AND 211-021-32, King's Fishhouse, PR 05-33. 11 .AB #18.801 - APPROPRIATION OF FUNDS. Council adopted RESOLUTION NO. 2006-334. authorizing the appropriation of additional funds for the Poinsettia Lift Station Improvements, Project No. 3875. This item was continued from the Council Meetings of October 17 and November 7, 2006. 11a. AB #18.767 - NAMING OF THE CARLSBAD MUNICIPAL GOLF COURSE. Council continued this item to the Meeting of November 21, 2006. November 14, 2006 Carlsbad City Council Meeting Page 3 DISCUSSION OF CONSENT CALENDAR ITEMS: 1. AB #18.791 - APPROPRIATION OF FUNDS FOR VEHICLE REPLACEMENT PURCHASE. Michele Levy, 3021 Highland, Carlsbad, requested Council consider appropriating funds for the Fire Department and the City's Maintenance Department. Council concurred to return this item to staff. 2. AB #18.792 - ROBERTSON RANCH PARKLAND AGREEMENTS. Kasey Cinciarelli, Lyons Court, Carlsbad, spoke about her concerns regarding the process on the purchase of the parkland agreements. In response to an inquiry from Mayor Pro Tem Hall, City Attorney Ron Ball explained how the price per acre of land was determined. City Manager Ray Patchett further added the City has been acquiring acres to meet a ballfield standard shortage that is occurring in the Northeast Quadrant and three soccer fields will be placed on this land. ACTION: On a motion by Mayor Pro Tem Hall, Council accepted the report. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 7. AB #18.797 - ADVERTISE FOR BIDS. Michele Levy, 3021 Highland, Carlsbad, came forward to address Council. Ms. Levy spoke about her concerns regarding the locations chosen and costs of the citywide concrete replacement project. In response to a request by City Manager Ray Patchett, Public Works Director Glenn Pruim explained that the determination of locations to replace or repair concrete is made in conjunction with streets that are scheduled to be resurfaced. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2006-330. authorizing the City Clerk to advertise for bids for the 2007 Concrete Replacement, Project No. 60062. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. November 14, 2006 Carlsbad City Council Meeting Page 4 ORDINANCES FOR ADOPTION: 12. AB #18.802 - ENCINA WASTEWATER AUTHORITY (EWA) PLAN AMENDMENT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-819. approving a Precise Development Plan Amendment to allow construction of new biosolids handling (heat drying) facilities, new air emissions/air quality facilities, relocated chemical storage facilities, upgrades to energy cogeneration facilities, and other minor modifications to existing facilities on a developed site containing the existing Encina Wastewater Pollution Control Facility (EWPCF) located at 6200 Avenida Encinas between Poinsettia Lane and Palomar Airport Road within Local Facilities Management Zone 3, POP 1(1-1). AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 13. AB #18.803 - ESTABLISH A PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-820. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.190 establishing a prima facie 55 mile per hour speed limit upon Rancho Santa Fe Road from the north city limits to its intersection with La Costa Avenue. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. 14. AB #18.804 - ESTABLISH A PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-821. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.130 establishing a prima facie 35 mile per hour speed limit upon Marron Road from 140 feet east of Avenida de Anita to its intersection with El Camino Real. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. November 14, 2006 Carlsbad City Council Meeting Page 5 PUBLIC COMMENT: Michele Levy, 3021 Highland, Carlsbad came forward to address Council. Ms. Levy voiced concerns relating to damaged political signs. Tony Carter, 7797 Caminito Monarta, representing Friends of Carrillo Ranch, came forward to address Council. He explained that the Ranch, through a public/private funding partnership, is celebrating 10 years of arts education programming. In closing, Mr. Carter requested Council to consider restoration of the barn, and construction of a visitor center and theater space at the Ranch in the near future. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 6:40 p.m. with five 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 6:41 p.m. with five Council Members present. ITEMS TAKEN OUT OF ORDER: Mayor Lewis requested and Council concurred that item nos. 17 through 19 under Departmental Reports be heard at this time. DEPARTMENTAL AND CITY MANAGER REPORTS: 17. AB #18.806 - REPORT ON INVESTMENT PORTFOLIO. Council continued this item to the Meeting of November 21, 2006. 18. AB #18.807 - REQUEST FROM CARLSBAD CHRISTMAS BUREAU. Special Event Coordinator Lori Saar, introduced Don Metcalf, representing the Carlsbad Christmas Bureau. Mr. Metcalf gave a PowerPoint Presentation (on file in the Office of the City Clerk) and stated that over the past 16 years, the Bureau has raised over $250,000 in cash donations and $1, 250,000 in gifts and donations impacting over 6,800 families. He added that every family served is a member of the Carlsbad community, and this year the Bureau expects to assist over 3,000 families and raise over $100,000. Mr. Metcalf requested that Council waive the required Special Event fees for the Bureau's holiday event to be held on December 16, 2006. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2006-336. waiving the costs associated with the 2006 Special Event Permit Application of the Carlsbad Christmas Bureau for their event taking place on December 16, 2006. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None November 14, 2006 Carlsbad City Council Meeting Page 6 19. AB #18.769 - PLANNING COMMISSION APPOINTMENTS. Michele Levy, 3021 Highland, Carlsbad, expressed her concerns about the number of terms served by Planning Commissioners. ACTION: On a motion by Mayor Pro Tem Hall, Council adopted RESOLUTION NO. 2006-304. appointing Farrah Douglas to the Planning Commission and RESOLUTION NO. 2006-305 re- appointing Bill Dominguez to the Planning Commission. AYES: Lewis, Hall, Kulchin, Packard and Sigafoose. NOES: None. PUBLIC HEARINGS: 15. AB #18.805 - AMENDMENT TO AGREEMENT. This item was returned to staff. 16. AB #18.790 - ROBERTSON RANCH MASTER PLAN. Associate Planner Barbara Kennedy and Associate Engineer Jeremy Riddle provided the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Sigafoose, Associate Engineer Jeremy Riddle explained that construction of a high school has been accounted for in the traffic study. Council Member Packard asked when construction of the proposed improvements to El Camino Real and College Boulevard would take place. Mr. Riddle replied that the developer of the East Village, which will be constructed first, is responsible for the improvements and widening of College Boulevard along the frontage of the property as well as the constructing and widening of Cannon Road. Mr. Riddle further added that the El Camino Real improvements would not take place until the West Village is developed. Mayor Pro Tem Hall inquired about the development process once the Master Plan was approved and the timing of the construction of the infrastructure. Barbara Kennedy responded that if the Master Plan is approved, there currently exists a subdivision map for the East Village that has been tentatively approved by the Planning Commission which divides the Village into individual planning areas. She further added that subdivision map applications are pending on areas 16, 17, 18 and on the affordable housing site. Jeremy Riddle stated that construction of the storm drain could begin early in 2007, providing the Master Plan receives approval. Mr. Riddle also explained that building permits would not be issued until the road improvements are complete. November 14, 2006 Carlsbad City Council Meeting Page 7 Brian Million, representing McMillin Companies, 2750 Womble Avenue, San Diego, reviewed a brief PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Millich stated McMillin Companies worked with the neighboring communities and the Preserve Calavera Organization as the project was being developed. He added that the project is consistent with the City's Growth Management Plan, the Habitat Management Plan and the General Plan. Mr. Millich said McMillin Companies are in support of Alternative No. 2 of the traffic plan approved by the Planning Commission; however, he stated that the McMillin Company would support any of the three alternatives. In closing, he requested that Council reach a decision regarding the traffic plan at this meeting. Mayor Lewis opened the duly noticed Public Hearing at 7:38 p.m. Kevin Wegner, 4765 Edinburgh Drive, Carlsbad, came forward to address Council. Mr. Wegner spoke in opposition of the Alternative No. 2 traffic plan. Delaney Drost, 4747 Edinburgh Drive, Carlsbad came forward to address Council. Ms. Drost spoke in opposition of the Alternative No. 2 traffic plan. Nick Blaylock, Aberdeen Court, Carlsbad, also spoke in opposition of the Alternative No. 2 traffic plan. Bill Countreman, 4781 Edinburgh Drive, Carlsbad, spoke about the Colony's efforts to keep homeowners informed about the Robertson Ranch Project and their efforts to work with the developer and staff in mitigating concerns. He also spoke in opposition of the Alternative No. 2 traffic plan. Greg Agosti, 4730 Endinburgh Drive, Carlsbad, came forward to address Council. Mr. Agosti gave a PowerPoint Presentation (on file in the Office of the City Clerk) showing resident activities and traffic patterns within the Colony neighborhood. Jill Agosti, 4730 Edinburgh Drive, continued with the PowerPoint Presentation and spoke in favor of the Alternative No. 3 traffic plan of the Robertson Ranch Master Plan. Ms. Agosti stated the residents of the Colony felt Alternative No. 3 was a better choice because safety is the residents' primary concern. She added that Alternative No. 3 had less circuitous routing than Alternative No. 2, still met the required limited traffic calming, and that the increase in traffic from the gated community would be acceptable. Robin Wofford, 4757 Edinburgh Drive, Carlsbad, came forward to address Council. She requested that Council add a condition to Alternative No. 2, if selected, requiring the developer to post a bond to pay for the cost of closing Edinburgh and Glasgow if future traffic studies conducted indicate that traffic will increase by 15% once the streets are opened. Ms. Wofford spoke in opposition of the Alternative No. 2 traffic plan. Ron Sipiora, representing the Carlsbad Boys and Girls Club, 3115 Roosevelt Street, Carlsbad, spoke in support of McMillin Companies. November 14, 2006 Carlsbad City Council Meeting Page 8 Knut Madden, 2705 Glasgow Drive, Carlsbad, spoke in opposition of the Alternative No. 2 traffic plan. Bill Arnold, 3432 Don Ortega Drive, Carlsbad, representing the Rancho Carlsbad Homeowners Association, urged Council to approve the project. Stacy Baker, 4754 Gateshead Road, Carlsbad, came forward to address Council. Ms. Baker spoke in opposition of the expansion of Edinburgh Street and urged Council to approve the Alternative No. 3 traffic plan. Elisa Williamson, 4791 Gateshead Road, Carlsbad, came forward to address Council. Ms. Williamson spoke in opposition to the Council approving Alternative No. 2 traffic plan and urged Council to approve the Alternative No. 3 traffic plan. Mayor Lewis closed the Public Hearing at 8:29 p.m. Brian Millich responded to the residents' concerns regarding the number of cars projected to use Edinburgh Street. He stated McMillin Companies hired two independent traffic experts using different methods of analysis and both reached the same conclusion regarding traffic on the streets of Glasgow and Edinburgh. The result of both analyses was that once connected and ungated, the Average Daily Trips would be well below the capacity of the streets. Mr. Millich again asked Council to make a decision regarding the traffic plan at this meeting and not defer the decision to a later date. In response to an inquiry from Council Member Packard regarding the Average Daily Trips in the traffic study, Sam Cabb, Urban Systems Associates, stated the study was prepared in 2004 and was revised in 2005 in response to comments from the City of Oceanside. Mr. Cabb further explained the developer and City of Carlsbad are now using the corrected traffic numbers. RECESS: Mayor Lewis declared a recess at 8:39 p.m. Mayor Lewis reconvened the Council meeting at 8:46 p.m. with five members present. CONTINUATION OF ITEM NO. 16. In response to an inquiry for clarification from Council Member Packard, Fire Division Chief Christopher Heiser stated that Alternative No. 2 would give the greatest number of unrestricted access points to the greatest number of locations within the community and is the alternative preferred by the Fire Department. Council Member Packard inquired about the validity of the traffic studies and staffs decision to recommend Alternative No. 2. November 14, 2006 Carlsbad City Council Meeting Page 9 Jeremy Riddle replied that discrepancies with the traffic reports identified through the public review process were addressed and an addendum was prepared that certified that none of the conclusions of the original traffic report were changed. He said staff will provide the most open access when developing property. He further added that Edinburgh and Glasgow were always intended to be extended. Discussion ensued regarding gates used by businesses, communities, private residences and apartment complexes throughout the City. Council Member Kulchin stated she appreciated and understood the community values of the Colony residents and was in favor of Alternative No. 3 of the traffic plan. Council Member Sigafoose stated she also was in support of Alternative No. 3 of the traffic plan. Mayor Lewis stated because of safety issues, he was in support of Alternative No. 2 of the traffic plan. Council Member Packard stated he believed in the validity of the traffic studies and was in support of Alternative No. 2 of the traffic plan. He also requested that an additional traffic study be conducted before the road is opened, and if there is a significant increase in traffic, that the City ask the developer to post a bond to pay for the cost of closing Edinburgh and Glasgow. City Attorney Ron Ball stated that the request was to require the bond be in place before the building permits are issued and that the public street be closed within six months after the City Engineer orders the closing. He also said the time period for the bond is anytime up to five years after the final occupancy of the West Village. Mr. Ball also added that once a public street is open, it can only be closed by the City Council by following the Vehicle Code for closure of streets or by following the Streets and Highways Code for vacating a street. In response to an inquiry from Mayor Pro Tem Hall, Mr. Riddle replied that the process for traffic calming in the Colony would begin when the first tentative map is submitted on the West Village. He explained that staff would work with the developer to initiate proceedings with Colony to review and determine what measures would be best for their community. He added that the measures selected would have to be installed before Edinburgh and Glasgow are extended. He also said the burden of the cost to install the traffic calming measures will be the responsibility of the developer of the West Village and payment will be ensured through the requirement of a bond by the City. Mayor Pro Tem Hall expressed support for the Alternative No. 2 traffic plan. He requested staff add a condition to the Ordinance ensuring that the developer would be responsible for installation of appropriate traffic calming measures in the Colony Neighborhood through submittal of the final map to the City. November 14, 2006 Carlsbad City Council Meeting Page 10 City Attorney Ron Ball explained to Council that staff would return with an amended Ordinance NS-822 that incorporated the additional traffic calming conditions to include extending the requirements through the filing of the last map. City Attorney Ron Ball titled the Ordinance. ACTION: On motion by Mayor Pro Tern Hall, introduced ORDINANCE NS- 822. as amended approving the Robertson Ranch Master Plan, MP 02-03 on 398 acres for property generally located north of El Camino Real, East of Tamarack Avenue, east and west of College Boulevard, and east and west of Cannon Road in Local Facilities Management Zone 14 with specified traffic calming amendments; and, Adopted RESOLUTION NO. 2006-324. approving the Robertson Ranch Master Plan (MP 02-03), certifying the Program Environmental Impact Report (EIR 03-03), and adopted the Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, and approved the General Plan Amendment (GPA 02-04) in concept, Zone 14 Local Facilities Management Plan Amendment (LFMP 14(B)), and Habitat Management Plan Permit (HMP 06-04). AYES: Lewis, Hall and Packard NOES: Kulchin and Sigafoose 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. ADJOURNMENT: By proper motion, the Regular Meeting of November 14, 2006 was adjourned at 9:34 p.m. LORRAINE M. WOOD, CMC City Clerk Sheila Cobian Deputy City Clerk