HomeMy WebLinkAbout2008-11-04; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: November 4, 2008
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, Kulchin, Hall, Packard and Nygaard.
Absent: None.
LEGISLATIVE INVOCATION:
Pastor Silas Krueger of Beautiful Savior Church gave the Legislative Invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tern Kulchin led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tern Kulchin, the minutes of the following meetings were approved
as presented:
Minutes of the Joint Special Meeting held October 7, 2008.
Minutes of the Regular Meeting held October 7, 2008.
Minutes of the Special Meeting held October 14, 2008.
Minutes of the Regular Meeting held October 14, 2008.
Minutes of the Special Meeting held October 15, 2008.
PRESENTATION:
Mayor Lewis presented a Proclamation to Executive Director Le Ayn Ingels of Hospice of the
North Coast in recognition of National Hospice Month.
Council concurred to hear the Consent Calendar following Public Hearing Item No. 7.
ORDINANCE FOR INTRODUCTION:
6. AB #19.626 - ESTABLISH PRIMA FACIE SPEED LIMIT ON THE CROSSINGS DRIVE.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-014. amending Title 10, Chapter 10.44 of the
Carlsbad Municipal Code, by the addition of Section 10.44.860 to
establish a 40 mile per hour prima facie speed limit on The Crossings
Drive from Palomar Airport Road to its northerly terminus.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
November 4, 2008
PUBLIC COMMENT:
Carlsbad City Council Meeting Page 2
Michele Levy, Carlsbad, questioned the usefulness of the city owned building known as the
Farmers Insurance building.
Tracy Carmichael, Carlsbad, came forward to address Council. Ms. Carmichael encouraged
the Council and the citizens of Carlsbad to consider alternative uses for the land where the
Encina Power Plant currently resides. In closing, Ms. Carmichael stated that perhaps it is
time to consider re-location of the Power Plant.
Hope Wrisley, Carlsbad, expressed concerns relating to the new Power Plant proposed by
NRG, Inc. Ms. Wrisley encouraged the citizens of Carlsbad to attend a community forum
regarding the Power Plant on Thursday, November 6, 2008 at 5:30 p.m. at the City of
Carlsbad Faraday Building.
PUBLIC HEARING:
This item was continued from the Council Meetings held on August 5, & September 9, 2008.
7. AB #19.627 - DRAINAGE MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA
FEE PROGRAM.
City Attorney Ron Ball explained that the Public Hearing tonight is to address any new or
additional information that had been presented to Council since the meeting of August 5,
2008. He further explained that the Public Hearing should be re-opened to address only the
new information.
Associate Engineer Steve Jantz, Public Works Director Glenn Pruim and Deputy City
Engineer David Hauser presented the staff report and reviewed a PowerPoint presentation
(on file in the Office of the City Clerk).
Mr. Jantz gave a chronological overview of the Carlsbad Drainage Master Plan, the Master
Drainage Plan Projects, Project Costs and the Financing Program. He also explained to the
Council how the Drainage Plan would be implemented based on future development.
Mr. Jantz stated that the Drainage Master Plan is a planning level document and that projects
are not guaranteed for construction. Project scope, need and purpose will be determined at a
later date. He also explained that the funding mechanism for the improvements would be
from developers upon recordation of final maps.
Mr. Jantz reviewed the following table that illustrates the current fees and proposed fees in
each Drainage Area based on the runoff coefficient and billable acreage:
Runoff
Coefficient
Low
Medium
High
PLDAA
CURRENT
$2,130
$3,486
NEW
$5,270
$10,480
$22,837
PLDAB
CURRENT
$4,578
$7,492
NEW
$1,970
$3,797
$8,535
PLDAC
CURRENT
$3,423
$5,602
NEW
$1,912
$2,705
$8,287
PLDAD
CURRENT
$46
$76
NEW
$1,813
$2,966
$7,857
November 4, 2008 Carlsbad City Council Meeting Page 3
In response to Council Member Nygaard, Mr. Jantz explained that the reason the current fees
are lower in Planning Area D is that, in the past, developers requested that their projects be
conditioned to construct the drainage needs for the area rather than paying a Drainage Fee.
He further explained that staff is recommending that the developer be charged fees in the
future and then seek reimbursement from the City once the appropriate facility is constructed.
In response to Council Member Hall, Mr. Hauser explained that the proposed Ordinance is
written in a manner to allow the developers to request a revision to the Master Drainage Plan
relating to the estimated cost of the required facility. He further explained that if the revision is
granted, the developer may then request additional reimbursement for the construction of the
facility.
Mr. Jantz also reviewed the following recommended modifications to the proposed
Ordinances:
• Administrative Variances for Low Impact Development
• Exemption from Planned Local Drainage Area (PLDA) Fees for projects that do not
increase the impervious surface area by 50% or more and that do not contribute any
increase in the 100-year runoff value to any required planned local drainage area
improvement located downstream of the proposed project.
• Exemption from PLDA Fees for projects involving remodels or additions that do not
increase the building footprint by five hundred square feet.
Mr. Jantz also explained that staff is recommending the following language be included in
Section 6.3 of the Carlsbad Master Drainage Plan:
• Continue to be a collaborative partner with Carlsbad Watershed Management Plan and
Agua Hedionda Watershed Management Plan
• Incorporate watershed planning elements into current activities
Public Works Director Glenn Pruim gave a detailed chronology of the Rancho Carlsbad Flood
Control Program and the comments received from the Rancho Carlsbad Owner's Association
since the August 5, 2008 Public Hearing regarding the Drainage Master Plan.
Mr. Pruim explained that staff had reviewed the following requests made by the Rancho
Carlsbad Owner's Association (RCOA) and by Mr. David Bentley of Bent-West, LLC:
• Find Basin BJ to be a necessary component of the Drainage Master Plan - RCOA
• Provide financing for Basin BJ construction, property acquisition and relocation of
Rancho Carlsbad Owner's Association amenities - RCOA
• Define Basin BJ to be a needed flood control facility whether or not College
Boulevard is constructed - Bent-West, LLC
• Ensure Basin BJ and College Boulevard bridge over Agua Hedionda Creek are
properly budgeted and fully funded by the City - Bent-West, LLC
In response to the requests, Mr. Pruim explained that staff is recommending that detention
Basin BJ be included in the proposed Drainage Master Plan and that funding for the basin is
currently included in the PLDA Fee Program. However, he further explained that the RCOA
property acquisition costs are currently conditioned to be funded by developer exaction and
that the Fee Program does not include property acquisition or relocation costs for any PLDA
Facility.
November 4, 2008 Carlsbad City Council Meeting Page 4
In conclusion of the presentation, Mr. Pruim stated that staff is recommending that Council
introduce the revised Municipal Code Amendments for Title 15 and Title 21 and approve the
Carlsbad Drainage Master Plan and Planned Local Drainage Area Fee Structure.
In response to Mayor Lewis, Mr. Pruim confirmed that the developer of the Cantarini/Holly
Springs project was conditioned to construct the improvements relating to Basin BJ and the
relocation of the RCOA amenities. He further explained that although those conditions were
placed on the project, there was no wording included regarding reimbursement for the
improvements by the City of Carlsbad.
Referencing a letter submitted to City Attorney Ron Ball from Sue Loftin of The Loftin Firm (on
file in the Office of the City Clerk), Council Member Hall asked if staff had been given an
opportunity to review the letter and determine if any new concerns were included in the
correspondence.
Mr. Pruim stated that although staff had only briefly reviewed the letter, there did not appear
to be any new items.
Council Member Packard confirmed with staff that the conditions placed on the Cantarini/
Holly Springs project are consistent with the principles of conditions placed on similar projects
within the Drainage Master Plan.
Barbara Bevis, President of Rancho Carlsbad Owner's Association, came forward to address
Council. Ms. Bevis stated that she could accepts staff's recommendation regarding Basin BJ;
however, she asked why it has taken so long to receive the information regarding the
inclusion of Basin BJ in the Drainage Master Plan and the information relating to the funding
mechanisms for the Basin and the relocation of the Association's amenities.
Mayor Lewis commented that the Council was under the impression that the Association was
aware of the inclusion of the Basin and the funding mechanisms set up for the amenity
relocation.
Mayor Lewis opened the duly noticed Public Hearing at 7:15 p.m. and asked if anyone would
like to speak.
Bill Arnold, Carlsbad, came forward to address Council. Mr. Arnold expressed concerns
relating to the validity of various hydrology and engineering studies performed relating to
Basin BJ. He requested that the Council guarantee that Basin BJ is a required facility and to
fund the facility. If Council determines that the facility is not necessary, then remove the
facility from the plan and un-encumber Rancho Carlsbad's land that has been set aside for
the Basin. In conclusion, Mr. Arnold stated that the RCOA is in favor of building the Basin;
however, feel that the Association is owed some money for their land if it is used to construct
the Basin.
Sue Loftin, representing Rancho Carlsbad Owner's Association came forward to address
Council. Ms. Loftin stated that her client is pleased that Basin BJ is included in the proposed
Drainage Master Plan. She explained that her client's situation is unique in that the
improvement that the developer is tasked with constructing does not directly benefit the
developer. She inquired as to what would happen if an agreement cannot be reached
between the developer and RCOA. She commented that RCOA was comfortable with an
Option Agreement and would like to ensure that a mechanism is in place to pay for the
needed facility.
November 4,2008 Carlsbad City Council Meeting Page 5
Ms. Loftin also requested that the estimated cost outlined in the Planned Local Drainage Area
B (Basin BJ) be increased from $500,000 to $2.5 million since the anticipated cost for
construction of Basin BJ and the relocation of the Association property and amenities is
estimated to be $2.5 million.
Ms. Loftin requested that the following documents that were provided to her by City Attorney
Ron Ball be included in the Record (on file in the Office of the City Clerk):
• 1980 Drainage Master Plan
• 1994 City Master Drainage Plan Update
• 1996 Chang Flood Study
• 1996 Drainage Master Plan Amendment
• 1997 Council Resolution No. 97-44
• 1998 Parcel Map No. 17985
• 1998 Rick Engineering Study
• 1999 Lake Calavera Outlet Repair Project
• 2001 Letter from Mr. Mauser to Sue Loftin
• 2002 Council Resolution No. 2002-016
• September 2004 Chang Consultant Report to Robertson Ranch
• October 2004 Chang Report - (City has no record of document with this name
and date)
• 2004 Local Facility Master Plan Zone 15
• 2000 Rick Engineering Study - (City has no record of document with this name
and date)
• Planning Commission Resolution No. 5753
• October 2005 Chang Basin BJ Hydrology Study
• November 2005 Cannon Review
• June 2008 Brown & Caldwell Report
In closing, Ms. Loftin thanked Council and staff for the work that has gone into the Rancho
Carlsbad Association drainage concerns; however, stated that she respectfully disagrees with
the conclusion.
In response to an inquiry from Mayor Lewis, Ms. Loftin stated that Rancho Carlsbad is
currently participating in an Option Agreement with Mr. Bentley for 3.8 acres on Lot 4 of the
Cantarini/Holly Springs development.
Mayor Lewis inquired as to when Rancho Carlsbad Owner's Association became interested in
development of the 3.8 acres.
Ms. Loftin replied that the Association became involved in the Option Agreement sometime
after 2004.
RECESS:
Mayor Lewis declared a recess at 7:36 p.m. Council reconvened at 7:43 p.m., with five
members present.
Diane Nygaard, representing Preserve Calavera came forward to address Council. Ms.
Nygaard thanked the Council and staff for integrating storm water elements within the
Drainage Master Plan.
Seeing no one else wishing to speak, Mayor Lewis closed the duly noticed Public Hearing at
7:45 p.m.
November 4, 2008 Carlsbad City Council Meeting Page 6
Council Member Hall asked staff what mechanism would trigger the construction of the
improvement facilities in Zone 15.
Mr. Pruim explained that any plans submitted by a developer in Zone 15 will need to show
how the drainage across College Boulevard will be handled. Staff will then make a
recommendation regarding the improvement facility. In conclusion, Mr. Pruim explained that
the construction of improvements to College Avenue will be the trigger for the initiation of a
detailed engineering study.
In response to an inquiry from Council Member Nygaard regarding the funding for the
acquisition of land for Basin BJ and the relocation of the Rancho Carlsbad Owners
Association amenities, City Attorney Ball explained that the issue before Council is what
developer fees can be supported by the studies contained in the Drainage Master Plan. He
stated that possibly a future report will support the basis for the increase in cost from
$500,000 to $2.5 million for Basin BJ; however, no such information currently exists in the
proposed Drainage Master Plan. He explained that the Drainage Master Plan is a
comprehensive document and that all the things necessary for the proper functioning of the
infrastructure of the entire City are included in the Plan.
He further explained that only those improvements identified in the Drainage Master Plan and
that are paid for by developers will be paid by impact fees and spread through the fee
mechanism.
Council Member Nyaard asked if that is the reason the City Council looked for an alternative
way to fund the acquisition and relocation of the Rancho Carlsbad property and amenities.
Mr. Ball stated that the City's approach to the issue is consistent with what has been done
throughout the city's history. He explained that development pays for any needed
improvement facilities. He further explained that the Basin BJ property is privately owned and
that a developer has been conditioned to acquire the necessary property interests. He stated
that the acquisition of land would be a private matter and is usually worked out between the
property owners. If not, then the land owner would then come back to the City and asks to
borrow the City's power of condemnation so that the court then determines the amount of just
compensation that would be paid for the property and construction of the needed
improvements.
In response to Council Member Hall, Mr. Ball explained that Mr. Bentley's project is
conditioned to provide the Basin BJ improvements and that the developer agreed to the
conditions. He further explained that the time to protest the conditions set forth has long
since expired. Therefore, the condition is now part of the proposed development, and, the
condition must be satisfied.
When the project comes forward, staff will determine if the conditioned improvement have
been satisfied through the design review process. Alternatively, the developer can utilize the
public process and return to the Planning Commission and then to the City Council to request
a change in the previously approved condition.
Mayor Lewis confirmed with Mr. Ball that due to Council's decision relating to Rancho
Carlsbad Owner's Association concerns and the potential for litigation for the next 90 days,
interaction by staff with Ms. Loftin and the Association should occur only through the City
Attorney's office.
November 4, 2008 Carlsbad City Council Meeting Page 7
Council discussion ensued regarding their support for the proposed Drainage Master Plan.
City Attorney Ron Ball titled the Ordinances.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-004. amending Title 15, Chapter 15.08 of the
Carlsbad Municipal Code, updating the Planned Local Drainage Area Fee
Program, Carlsbad Drainage Master Plan (MCA 07-01); and,
Introduced ORDINANCE NO. CS-005. amending Title 21, Chapters
21,38, 21.203 and 21.205 of the Carlsbad Municipal Code, by deleting
references to the Master Drainage Plan adopted in 1994 and the Model
Erosion Control Ordinance, and by the addition of references to the
Proposed Drainage Master Plan and existing Engineering Standards,
Carlsbad Drainage Master Plan (ZCA 07-04); and,
Adopted RESOLUTION NO. 2008-230. approving the 2008 Drainage
Master Plan and approving a change to the City's Planned Local
Drainage Area Fee, Capital Improvement Project No. 3872.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
RECESS:
Mayor Lewis declared a recess at 8:02 p.m. Council reconvened at 8:06 p.m., with five
members present.
CONSENT CALENDAR:
Item Nos. 1 through 5 were pulled for discussion.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #19.621 - NOTICE OF COMPLETION.
This item was pulled for discussion.
2. AB #19,622 - NOTICE OF COMPLETION.
This item was pulled for discussion.
3. AB #19,623 - NOTICE OF COMPLETION.
This item was pulled for discussion.
4. AB #19.624 - SUMMARY VACATION OF EASEMENT.
This item was pulled for discussion.
5. AB #19.625 -APPROVE FINAL MAP FOR LA COSTA GREENS. NEIGHBORHOOD 1.3.
This item was pulled for discussion.
November 4, 2008 Carlsbad City Council Meeting Page 8
DISCUSSION OF CONSENT CALENDAR ITEMS:
1. AB #19.621 - NOTICE OF COMPLETION.
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support of
establishing a Fire Department Master Plan for the City of Carlsbad.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-296. accepting the construction of the Upper and Lower
Faraday Sewer Lift Station Removal Project as complete, and directing
the City Clerk to record a Notice of Completion, Project No. 55051.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
2. AB #19.622 - NOTICE OF COMPLETION.
Michele Levy, Carlsbad, requested that the Council have a Fire Department Master Plan
placed on an upcoming agenda.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-297. accepting the construction of the FY 07/08 Concrete
Replacement Project as complete, and directing the City Clerk to record a
Notice of Completion, Project No. 6013.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
3. AB #19.623 - NOTICE OF COMPLETION.
Michele Levy, Carlsbad, stated that the City of Carlsbad is in need of a Fire Department
Master Plan.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-298. accepting the construction of the Cynthia Lane Storm
Drain Improvements as complete, and directing the City Clerk to record a
Notice of Completion, Project No. 6601.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
4. AB #19,624 - SUMMARY VACATION OF EASEMENT.
Michele Levy, Carlsbad, inquired as to the status of the Fire Department Master Plan.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-299. summarily vacating a portion of a slope easement along
Poinsettia Lane over a portion of Lot 14 of Map No. 14625, PR 08-39.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
November 4, 2008 Carlsbad City Council Meeting Page 9
5. AB #19.625 - APPROVE FINAL MAP FOR LA COSTA GREENS. NEIGHBORHOOD 1.3.
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy asked when a Fire
Department Master Plan may be developed.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2008-300. approving the Final Map for La Costa Greens,
Neighborhood 1.3, and authorizing the Final Map to be recorded, CT 07-
05.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
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:
Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and
may be participating in the following events:
Thursday, November 6, 2008 at 5:30 p.m.
City of Carlsbad Proposed Power Plant Community Forum
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, California
ADJOURNMENT:
By proper motion, the Regular Meeting of November 4, 2008 was adjourned at 8:14 p.m.
1NE M. WOOD, CMC
City Cferk
Sheila R. Cobian
Deputy City Clerk