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HomeMy WebLinkAbout2009-10-27; City Council; Minutes (2)MINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: CITY COUNCIL (Regular Meeting) October 27, 2009 6:00 p.m. City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Absent: PRESENTATIONS: Lewis, Kulchin, Hall, Packard and Blackburn. None. Council Member Blackburn presented a proclamation to Nancy Logan from San Dieguito Alliance for a Drug Free Youth and Rosemary Eschelman from the Carlsbad Unified School District in recognition of Red Ribbon Week, October 24 -October 31, 2009. Ms. Logan and Ms. Eschelman thanked the City of Carlsbad for their support and read the names of the various schools in Carlsbad that participated in Red Ribbon Week. Students from the following schools came forward to receive the Proclamations on behalf of their schools: Aviara Oaks Elementary School Buena Vista Elementary School Calavera Hills Elementary School El Camino Creek Elementary School Hope Elementary School Jefferson Elementary School Kelly Elementary School La Costa Heights Elementary School Magnolia Elementary School Olivenhain Pioneer Elementary School Pacific Rim Elementary School Poinsettia Elementary School Aviara Oaks Middle School Calavera Hills Middle School Diegueno Middle School Valley Middle School Carlsbad Village Academy Carlsbad High School La Costa Canyon High School St. Patrick's School Mayor Pro Tern Kulchin presented a Proclamation to Bill Kamenjarin in recognition of his service on the Library Board of Trustees. Mr. Kamenjarin thanked Council for the recognition, and paid tribute to the continuity and support from Council, the Library Board of Trustees, the Library Director, staff and volunteers. CONSENT CALENDAR: Item No. 4 was pulled for discussion. October 27, 2009 Carlsbad City Council Meeting Page 2 ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through # 3 and Item #5 as follows: AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #20.016 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2009-268. accepting a donation from the Friends of the Carlsbad Library for the purchase of materials for the collection; and, authorizing the appropriation of donated funds. 2. AB #20.017 - ACCEPTANCE OF GRANT. Council adopted RESOLUTION NO. 2009-269. accepting grant funds from San Diego Gas and Electric (SDG&E) for emergency preparedness through the Community Emergency Response Team (CERT) program; and, authorizing the appropriation of the grant funds. 3. AB #20.018 -ADOPT COUNCIL POLICY REGARDING TICKET DISTRIBUTION. Council adopted RESOLUTION NO. 2009-270. adopting Council Policy No. 76 regarding ticket distributions pursuant to California Fair Political Practices Commission Regulation 18944.1. 4. AB #20.024 - REPORT OUT SETTLEMENT AGREEMENT. This item was pulled for discussion. 5. AB #20.019 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2009-271. accepting the construction of the storm drain repair between Carlsbad Boulevard and North County Transit District Right- of- Way as complete; and, directing the City Clerk to record a Notice of Completion, Project No. 3624. DISCUSSION OF CONSENT CALENDAR ITEM: 4. AB #20.024 - REPORT OUT SETTLEMENT AGREEMENT. City Attorney Ron Ball explained that this item was a reporting out of previous Council action. He explained that the lawsuit filed by the City against the Carlsbad Unified School District had been settled by both sides without judicial decision, and The Brown Act required the settlement be reported out. October 27, 2009 Carlsbad City Council Meeting Page 3 Mr. Ball explained that the reason the City filed a lawsuit City against the Carlsbad Unified School District was due to a mandate in the California Environmental Quality Act requiring the mitigation of impacts of any proposed development project. He added that the impacts, that had not been mitigated in the final environmental impact report, were the increased traffic from the proposed high school. Council Member Hall asked Mr. Ball to explain the mitigated items in detail. Mr. Ball said the following areas were mitigated: improvements to the intersections of El Camino Real and Cannon Road; intersection of El Camino Real and College Boulevard, College Boulevard ReacM and Cannon Road Reach 4A, none of which are currently constructed. He also said that construction of a traffic signal at Cannon Road and Carlsbad Boulevard was also included in the mitigation. Council Member Hall asked about access to the property across from the high school. Mr. Ball explained that access will be gained through a "T" intersection. David Bentley, who stated he has interests in properties in the Zone 15 area that neighbor the proposed Carlsbad High School, came forward to address Council. He read from a letter dated October 27, 2009, listing his concerns about the impacts of the settlement on the obligations of Zone 15 property owners to provide Cannon Road Rach 4A improvements. Mr. Bentley provided his letter to the City where it is on file in the Office of the City Clerk. Bill Arnold, representing the Rancho Carlsbad Homeowners Association, owners of Parcel 4, came forward to address Council. Mr. Arnold expressed his concerns about unknown costs related to gaining access to Parcel 4 via the Cannon Road Reach4A extension. He also stated he was concerned about increased traffic from events at the proposed high school and lack of adequate parking. Wayne Rosenbaum of Foley and Lardner, representing Zone 15 property owners, came forward to address Council. Mr. Rosenbaum presented Council with an exhibit (on file in the Office of the City Clerk), that he said would assist Council in understanding his concerns. Mr. Rosenbaum informed Council that the Zone 15 property owners are concerned with two easements. He explained that an easement dedicated to the City in its settlement agreement with the Carlsbad Unified School District, provided no assurance that what would be constructed would comply with the requirements of the surrounding property owners to build out Cannon Road Reach4A. He added that the determination of the second easement is also dependent on construction of the proposed Carlsbad Unified School District High School project. Mr. Rosenbaum said that the property owners could not give up their easement for fear they may lose rights to their tentative maps. He further added that there is concern regarding a lack of adequate parking at the proposed High School. Mr. Rosenbaum asked Council to direct staff to resolve the concerns. October 27, 2009 Carlsbad City Council Meeting Page 4 City Attorney Ron Ball said this meeting was not the time or place to discuss property rights, conditions of approval, or the configurations of roads. He added there is no action for Council to take at this meeting. He noted that if the parties wish the matter to be discussed by Council, they can file a request for the matter to be placed on the agenda for a future Council meeting. ORDINANCE FOR INTRODUCTION: 6. AB #20.020 - AMEND THE CARLSBAD MUNICIPAL CODE REGARDING THE PROHIBITION OF DEPOSITING HANDBILLS ON VEHICLES IN PARKING LOTS. City Attorney Ron Ball provided a brief explanation regarding a recent court decision that requires the Council to repeal its Ordinance regarding the distribution of leaflets on parked cars in public parking lots and public roads. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. CS-068. amending Section 8.28.055 of the Carlsbad Municipal Code regarding the prohibition of depositing handbills on vehicles in parking lots. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ORDINANCE FOR ADOPTION: 7. AB #20.022 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-066, approving a Specific Plan Amendment (SP 207) and Local Coastal Program Amendment (LCPA 90-08(E)) to amend the Carlsbad Ranch Specific Plan and accept the California Coastal Commission's suggested modifications that require all Specific Plan Amendments be approved by the City Council and California Coastal Commission, for Legoland Inner Park. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. October 27, 2009 Carlsbad City Council Meeting Page 5 PUBLIC COMMENT: Preston Rodman, Greg Knapp and Matt Manchenton, representing the Carlsbad High School Water Polo Team came forward to thank Council for supporting their trip to Hungary. PUBLIC HEARING: 8. AB #20.021 - LEGOLAND HOTEL CALIFORNIA. Senior Planner Van Lynch gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Lynch clarified that any proposed buildings in the Carlsbad Ranch area over 35 feet in height require Council approval. He said the proposed Legoland Hotel is projected to be 45 feet tall. Bill Hofman, President of Hofman Planning and Engineering, representing Legoland came forward to address Council, stating he was available to answer any questions. Peter Ronchettii, representing the Legoland Hotel came forward to address Council. Mr. Ronchetti provided a PowerPoint Presentation (on file in the Office of the City Clerk). Mayor Lewis opened the duly noticed public hearing at 7:13 p.m. Seeing no one wishing to speak Mayor Lewis closed the duly noticed public hearing at 7:13 p.m. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2009-272. approving a Site Development Plan Amendment SDP 96-14(C), and Coastal Development Permit Amendment CDP 96-16(C), to permit the construction of a 254 room hotel, restaurant, and retail uses within the parking lot of the Legoland California Theme Park on property generally located north of Palomar Airport Road, south of Cannon Road, east of Armada Drive and west of The Crossings Drive. AYES: Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT October 27, 2009 Carlsbad City Council Meeting Page 6 RECONVENE CITY COUNCIL MEETING: Mayor Lewis reconvened the Council Meeting at 7:15 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 10.AB #20.023 - CITIZEN PRESENTATION REGARDING SYNCHRONIZATION OF TRAFFIC LIGHTS. Mr. Mehdi Sarram of Carlsbad came forward to address Council. Mr. Sarram stated he was concerned about the lack of traffic light synchronization throughout the City. Mr. Sarram recommended the hiring of two traffic engineers and the provision of funding for this project. He further said he would volunteer his time and experience to assist in the development of a traffic synchronization program for the City. 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, October 28, 2009, 5:00 p.m. City of Carlsbad Redevelopment Celebration Carlsbad Village Theatre 2822 State Street Carlsbad, CA ADJOURNMENT: By proper motion, the Regular Meeting of October 27, 2009 was adjourned at 7:30 p.m. EN Assistant City Clerk Sherry Freisinger Deputy Clerk