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HomeMy WebLinkAbout2013-03-26; City Council; MinutesM I N UTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING; March 26, 2013 TIME OF MEETING; 6:00 p.m. PLACE OF MEETING: City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: Mayor Hall called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present; Council Members Hall, Packard, Wood, Blackburn, Douglas. Absent; None. PLEDGE OF ALLEGIANCE: Council Member Blackburn led the pledge of allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Packard, the minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. PRESENTATIONS; Presentation of a proclamation in recognition of Carlsbad-Futtsu Sister City Celebration Day. Mayor Hall presented a proclamation to Tom Hersant, President of the Sister City Ambassadors who was joined by visiting delegation event chairperson Kim Miller, and co-chair, Jennifer Abeyta. Presentation of a proclamation recognizing a donation from Eagle Scouts Steven Cook and Liam Gannon. Council Member Packard presented proclamations to Eagle Scouts Steven Cook and Liam Gannon. Park Planner Liz Ketabian briefly described the Scouts' projects. Presentation of the San Diego Youth Employment Program. Oceanside Council Member Jerry Kern and James Hayes representing the Youth Employment Program provided Council with a brief summary of the program. March 26, 2013 Carlsbad City Council Meeting Page 2 PUBUC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced that Council heard the matters presented but took no final action. Final action, when taken, will be reported out at a subsequent meeting. CONSENT CALENDAR; ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action of the Consent Calendar, Items #1 through #8 as follows: AYES; Hall, Packard, Wood, Blackburn, Douglas. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #21.164 - ACCEPTANCE AND APPROPRIATION OF DONATION TO LEO CARRILLO RANCH HISTORIC PARK. Council adopted RESOLUTION NO. 2013-064. accepting a donation of artifacts, memorabilia and cash from the Friends of Carrillo Ranch, Inc. in support of the Leo Carrillo Ranch Historic Park; and, authorizing the Finance Director to appropriate the cash donation to the Leo Carrillo Ranch Trust Fund. 2. AB #21.165 - ACCEPTANCE OF IN-KIND DONATIONS FOR EAGLE SCOUT PROJECTS ON CITYWIDE TRAILS. Council adopted RESOLUTION NO. 2013-065. accepting in-kind donations of building materials in support of Eagle Scout projects on Citywide Trails. 3. AB #21.166 - ACCEPTANCE OF DONATION TO THE CARLSBAD CITY LIBRARY. Council adopted RESOLUTION NO. 2013-066. accepting a donation from Linda Sarnowsky for the purpose of purchasing fiction material to augment the City Library's collection; and, authorizing the Finance Director to appropriate the donated funds in the Library and Cultural Arts Operating Budget. 4. AB #21.167 - ACCEPTANCE OF A STATE HOMELAND SECURITY GRANT AND APPROPRIATION OF GRANT FUNDS. Council adopted RESOLUTION NO. 2013-067. accepting the Federal State Homeland Security Grant Program Funds to enhance fire, police and emergency preparedness; and, authorizing the Finance Director to appropriate said grant funds to the Fire Department's budget. 5. AB #21.168 - DECLARATION OF PUBUC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Council adopted RESOLUTION NO. 2013-068. declaring public nuisances in conjunction with the City of Carlsbad Weed Abatement Program, and setting a public hearing for April 30, 2012. March 26, 2013 Carlsbad City Council Meeting Page 3 6. AB #21.169 - ADVERTISE FOR BIDS. PROJECT NO. 5515. Council adopted RESOLUTION NO. 2013-069. approving the plans and specifications for the Vancouver Street HDD Sewer Extension Project; and, directing the City Clerk to advertise for bids. Project No. 5515. 7. AB #21.170 - AMEND 2013 REGULAR CITY COUNCIL MEETING CALENDAR. Council adopted RESOLUTION NO. 2013-070. amending the schedule, date; time and location for regular meetings of the Carlsbad City Council for calendar year 2013. 8. AB #21.171 - REPORT ON CITY INVESTMENTS. Council accepted the Interim City Treasurer's Report on City Investments as of February 28, 2013. Mayor Hall and Mayor Pro Tem Packard recused themselves due to a potential conflict of interest and left the dais at 6:25 p.m. ORDINANCE FOR ADOPTION: 9. AB #21.172 - CLARIFY THE COLLECTION OF SEWER AND TRAFFIC FEES RELATED TO OUTDOOR DINING AREAS. City Attorney Celia Brewer titled the Ordinance. ACTION; On a motion by Council Member Blackburn, Council adopted ORDINANCE NO. CS-207. amending the Carlsbad Municipal Code, Title 13 - Sewers, and Title 18 - Building Codes and Regulations, to clarify the collection of sewer and traffic impact fees related to outdoor dining areas. AYES: Wood, Blackburn, Douglas. NOES; None. ABSENT; Hall, Packard. Mayor Hall and Mayor Pro Tem Packard returned to the dais at 6:26 p.m. PUBUC COMMENT: Alden Reynoso, Marilyn Gallagher, Diane Van De Unden and Amy Hagen, Carlsbad residents, spoke in support of bringing the Oxford Prepatory Charter School into the Carlsbad Unified School District. Walt Meier, Carlsbad, requested the City enact an ordinance regarding throw-away papers. Mayor Hall pulled Item No. 11 for discussion. 11. AB #21J.74 - APPOINTMENT OF CITY TREASURER. Council Member Douglas stated there was no potential conflict of interest with her participating in the decision to appoint potential candidate Craig Undholm as City Treasurer, March 26, 2013 Carlsbad City Council Meeting Page 4 due to her employment with the Tri City Hospital Foundation. Mr. Lindholm recently resigned as a member of the Tri City Hospital Foundation Board. Council Member Blackburn spoke in support of candidate Mike Williams. Council Member Wood spoke in support of appointing Mr. Lindholm. Mayor Pro Tem Packard spoke in support of appointing Mr. Williams as City Treasurer. ACTION; On a motion by Mayor Hall, Council adopted RESOLUTION NO. 2013-073. appointing Craig Undholm to fill the unexpired term of City Treasurer. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. PUBUC HEARING: 10. AB #21.173 - QUARRY CREEK MASTER PLAN (EIR 11-02/GPA 11-09/ZC 11-04/MP 10- 01/LFMP 87-25/CT 11-04) AND APPEAL OF PLANNING COMMISSION APPROVAL OF THE TENTATIVE TRACT MAP FOR CT 11-04. Senior Planner Van Lynch assisted by Tim Gnibus, Environmental Business Class Lead with HDR, the City's EIR Consultant on the project, gave the PowerPoint Presentation (on file in the Office of the City Clerk). Also present was Special Counsel Mike Hogan, retained by the City to provide assistance with issues pertaining to the California Environmental Quality Act (CEQA). In response to an inquiry from Mayor Pro Tem Packard, Mr. Lynch explained that the Planning Commission's recommendation to remove development from area P5 of the project would make the City's public facilities requirement provision deficient. He added that staff was recommending that the P5 area be added to the westerly portion of the R4 area. In response to an inquiry from Council Member Blackburn, Mr. Hogan explained that the resolution for Council consideration and adoption certified the EIR, and included the Findings of Facts and Statements of Overriding Conditions that describe the benefits of the project that Council believes would outweigh any unmitigated traffic considerations. In response to an inquiry from Council Member Douglas, Mr. Lynch explained that due to the intensity, scope and size of the project, the Planning Commission determined that removing the R5 and P5 areas could reduce potential traffic impacts and open up the view corridor. In response to an inquiry from Mayor Hall, Mr. Lynch stated that the City of Oceanside's list of conditions had been incorporated into the project documents, (copy on file in the Office of the City Clerk.) March 26, 2013 Carlsbad City Council Meeting Page 5 Mark McMillin, representing McMillin Companies gave a brief presentation stating the Company worked hard to meet the objectives of the city while still maintaining a viable project. Todd Galarneau of McMillin Companies provided a PowerPoint presentation (on file in the Office of the City Clerk) that depicted the developable areas and constricted areas of the project. He also reviewed the required traffic mitigation measures. Mr. Galarneau stated the project met Carlsbad's 11 growth management thresholds, and requested that Council approve the project as proposed by McMillin Companies. RECESS: Mayor Hall declared a recess at 7:45 p.m. with five Council Members present. RECONVENE: Mayor Hall reconvened the meeting at 7:50 p.m. with five Council Members present. In response to an inquiry from Council Member Douglas, Mr. Galarneau said that the current density allotment did not permit the project to qualify for smart growth benefits. In response to an inquiry from Mayor Hall, Mr. Galarneau explained that the project will contain approximately 48 affordable housing units for sale and provide 15-18 incluslonary housing rental units. In response to an inquiry from Mayor Pro Tem Packard, Acting Assistant City Manager Gary Barberio stated that after its review of the plan, the Envision Carlsbad Committee recommended to the Planning Commission the removal of the P5 and R5 areas, the movement of the 56 units associated within those areas elsewhere within the project. Mr. Barberio further added that 656 units were acceptable by the EC3 Committee on a smaller footprint. Mayor Hall opened the duly noticed Public Hearing at 8:02 p.m. The following people spoke in opposition to the project: Alana Koons Kathleen Billings, Leucadia Paul West, Carlsbad Joan Brockman, Carlsbad Carmen Nasser-Nichols, Carlsbad Joyce Gammon, Oceanside The following people spoke in opposition to the development and in opposition to the development of the panhandle: Ian Davis Woo, Carlsbad Margaret Brooks, San Diego Paige DeCino, Carlsbad Gary Nessim, Carlsbad The following people spoke in support of the project: March 26, 2013 Carlsbad City Council Meeting Page 6 Rachel Hartman, Carlsbad Bill Peavey, President of CICM Management Lenette Hewilt, Carlsbad Steven Ballas, Oceanside Tom Perez Guy Oliver, Carlsbad Mike Mahony, ConAm Fred Sandquist, representing the Batiquitos Lagoon Foundation, spoke in opposition tothe development of the panhandle. Mel Vernon, representing the San Luis Rey Band of Luiseno Indians, spoke in opposition to the development of the panhandle and added he would like to see cultural resources incorporated into the project that identify with the area. Bruce Coons, Director of SOHO, addressed the impact of developing the R4 and R5 areas and their relationship to the ranch house. He stated he was opposed to development on the R5 and on part of the R4 areas. Mike Stivers, Carlsbad, stated he was opposed to development of the panhandle by showing Council a photo of his son standing in the undeveloped area. David Billings, President of the Buena Vista Audubon Society, stated he was concerned with the wildlife corridor. He added he would like to see the City put Proposition C funds into preserving the panhandle. Madge Torres, Carlsbad, addressed the views in areas R4 and R5. She said she was concerned there would not be enough landscaping to screen the homes and that the landscaping chosen was not native to the area and included invasive species. Don Christiansen, Carlsbad, read a letter of opposition regarding development of the panhandle he delivered to the Council on March 25, 2013. (Not on file in the Office of the City Clerk.) Marcella Escobar-Eck, Carlsbad spoke in support of the Quarry Creek project stating it was unfortunate that the project did not meet smart growth requirements which could provide additional funding to the city (remarks on file in the Office of the City Clerk). Mary Jane Jangodzinski, representing Community Housing Works, spoke in support of the project with 605 units. Oceanside Council Member Esther Sanchez stated that the City of Oceanside is on record in opposition to the project as planned. She added that the proposed project would endanger the critical habitat resources that Oceanside had been working long to preserve. She also stated that the unmitigated traffic impacts would become the burden of the City of Oceanside. She requested that Carlsbad preserve the panhandle and reduce the number of housing units. Simon Freedman, Carlsbad, spoke in opposition to the project. He urged Council Members to read the City of Oceanside's March 4, 2013 letter to the City of Carlsbad. Mr. Freedman suggested the use of Proposition C funds to purchase the panhandle. March 26, 2013 Carlsbad City Council Meeting Page 7 Diane Pal, Carlsbad, spoke in opposition to the project, stating she was concerned about traffic congestion. She added she was in opposition to the development of the panhandle. Jeff Goodrick, Carlsbad, stated he opposed the project with 656 units. He requested that the city use Proposition C funds to assist with this project. Shelley Hayes-Caron spoke in opposition to the project stating that the EIR did not take the historic significance of the site into consideration. She added that the credibility of the adobe in the EIR is lacking. Lonnie Smith, Carlsbad, stated that the traffic study in the EIR is flawed. He cited issues that were not addressed when MiraCosta College and the two Carlsbad elementary schools were in session. Mike Bullock, Oceanside, representing the San Diego Sierra Club, addressed transportation issues and showed a PowerPoint presentation (on file in the office of the City Clerk) in opposition to the project and stated he would like to see the panhandle preserved. Renee Houston, Carlsbad, spoke in opposition to the project and stated she would like to see the panhandle purchased by the city. Kasey Cinciarelli, Carlsbad, spoke in opposition to the project, adding that the overburden of low income housing adds to the burden of the Carlsbad Unified School District. She stated she advocated the construction of 250 units, no development of the panhandle, and the use of City funds to purchase more open space as the city needs more passive recreational land. Karen Merrill, Oceanside, representing Preserve Caiavera, spoke in opposition to the project stating she was concerned that the project barely meets the city's Habitat Management Plan standards. She would like the panhandle preserved. Attorney Everett Delano representing Preserve Caiavera and North County Advocates addressed the importance of the historical aspects of the Marron adobe and the relationship between CEQA and historical resources. He urged Council to visit the site. RECESS: Mayor Hall declared a recess at 9:50 p.m. with five council members present. RECONVENE: Mayor Hall reconvened the meeting at 10:02 p.m. with five council members present. Tom Gibbs, Carlsbad, spoke in support of a smaller project and stated he was concerned about traffic impacts. He added he also opposed a trailhead and any access to the project from Simsbury Court. Nancy Weaver, Oceanside, spoke in opposition to the project adding she was concerned about the placement of the proposed day care facility. March 26, 2013 Carlsbad City Council Meeting Page 8 Maureen Cummings, Carlsbad, stated she was concerned about increased traffic and the routes emergency personnel use to access Tri City Hospital for those residents who live in the Caiavera Hills area. Margaret Sullivan, Carlsbad, stated she would like the number of affordable housing units limited, was concerned with increased traffic, and was opposed to a trailhead off Simsbury Court. Jerry Colling, Carlsbad, addressed traffic issues, limiting the project to 506 units, and stated he would like to see the Marron adobe maintain its view. De'Ann Weimer, Carlsbad, representing Friends of Aviara, spoke in opposition to the project. She stated the project does not have access to public transportation, and she would like to see the panhandle preserved. Diana Uncoln, Carlsbad, representing Friends of Aviara, spoke in opposition to the project, stating she would like to see the panhandle preserved and fewer units constructed. Sara Huber, Carlsbad, spoke in opposition to the project. Ms. Huber addressed the proposed development of the panhandle stating that additional environmental studies should be conducted due to potential sedimentation runoff during construction that could impact the project and may require long term monitoring. Rob Maier, Carlsbad, representing North County Advocates spoke about increased traffic, and stated he was in opposition to the construction of 656 units, and would like to see the requirement of public transportation. He added he would like Council to save the panhandle. Jay Klopfenstein, Carlsbad, said he felt proposed traffic failures would occur as a result of the project, and provided Council with a copy of page 38 of the City of Oceanside's Circulation Element (on file in the Office of the City Clerk). Tom Gray, Oceanside, of the C Serena Senior Community, stated that 380 residents have signed a petition in opposition to the project. Diane Nygaard, Preserve Caiavera, said she would like to see all 156 acres remain undeveloped. She added she would like the 15 acre panhandle preserved. Ms. Nygaard asked Council to reduce the number of units, require public transportation and the installation of a pedestrian and bicycle trail. Mary Ann Viney, Carlsbad, asked the Council to preserve the panhandle and presented Council 97 postcards from people who have visited the Buena Vista Valley (on file in the Office of the City Clerk). Preserve Caiavera representatives provided Council with a PowerPoint presentation highlighting the Quarry Creek/Marron Adobe (on file in the Office of the City Clerk). The following people submitted speaker slips, not wishing to speak, in opposition of the proposed project: March 26, 2013 Carlsbad City Council Meeting Page 9 Michael Uchtman Nina Hall Sandra McMullon Patrice Smerdu Bob Drew Thomas Bennett Dannie Mainwaring Joan Herskowitz Laura Lowenstein Brian Bateman Kristen Bateman Bruce Schiff MJR Reynolds Nancy Weaver Lynn Harper Mary Lou Beten Austin Auger II Vonn Marie May Dennis Huckabay Diane Bedrosian Diane Tye Elaine DeVall Joyce Halliburton Priti Pathak Jacquelin Bynagte Chad Gibson Tom DeCino Carol Jefferies Diana Uncoln Margaret Brookes Susan Neptune Patricia Burke Albert Harruff Mehran Mehr Betsy Courtney John Batista Luis Lopez Ricardo Gancil Ruth Uoyd Kristina Liv Art Torres Mary McCarthy Usa Roop Diane McDaniel Gigi Orlowski The following people submitted speaker slips, not wishing to speak, in support of the proposed project: Cheri Hofman Alxa Moen Greg Shields Tim Taylor Steve Leach Julie Menay Mr. Galarneau, representing McMillin Companies was provided the opportunity to address the concerns voiced by those who spoke. He informed Council that no new issues were presented. He explained that city staff and McMillin Companies have identified, analyzed and mitigated the expressed concerns. He added that every document the city had produced did not constitute complete open space on the panhandle portion of the project. Mr. Galarneau also addressed the traffic issues voiced during public testimony, stating that there has been no challenge to the traffic document as presented. He explained that McMillin Companies did run time analyses of the area starting on College Boulevard at the Carlsbad boundary to the Vista Way/College Boulevard intersection. Mr. Galarneau stated the run times improved over current conditions when the project and mitigation measures are in place. He added that a reduction in the amount of homes would not significantly reduce the time spent in traffic. At the request of City Attorney Brewer, Special Council Hogan referred to the recent letter from the City of Oceanside that was mentioned by Oceanside Council Member Sanchez during public testimony, and explained that staff had sent a written response to Oceanside (on file in the Office of the City Clerk). Mr. Hogan further explained that staff had responded to the recent letters submitted by Mr. Delano and Preserve Caiavera delivered to the City on March 25, 2013 (letters received and responded to on file in the Office of the City Clerk). Mr. Hogan stated the project applicant had submitted written information to the city regarding density alternatives and their economic feasibilities. Mayor Hall closed the duly noticed Public Hearing at 10:56 p.m. March 26, 2013 Carlsbad City Council Meeting Page 10 In response to an inquiry from Council Member Douglas, Mr. Gnibus stated that the project meets Habitat Management Plan equivalency findings. In response to Council Member Douglas's question regarding landscaping of the project, Mr. Lynch explained that the plan presented during this meeting was conceptual. Mr. Gnibus added that native and non-native plants would be used. No invasive plant species would be considered. In response to an inquiry from Council Member Douglas, Engineering Manager Bryan Jones explained that the traffic study had been thoroughly studied with multiple reviews from the City of Oceanside and third party engineers. Mr. Jones added that McMillin is exceeding its fair share of contributions to improve the mitigation impacts along College Boulevard. Discussion ensued between Council Member Blackburn and Mr. Jones regarding what constituted a traffic failure at an intersection. Mr. Jones informed Council Member Blackburn that the interchange at College Boulevard and Interstate 78 is not a standard Caltrans interchange and that this type of interchange is no longer constructed. In response to an inquiry from Council Member Blackburn, Mr. Jones explained that the addition of a fourth lane provides more space, could improve turning movements and assists with the mitigation measures requested by the City of Oceanside. In response to an inquiry from Council Member Blackburn, Mr. Lynch confirmed that the plan calls for an entry trail only off of Simsbury Court. In response to an inquiry from Council Member Wood, Shannon Davis, Architectural Historian hired by the developer, referred to Appendix F of the EIR and explained that because there were no direct impacts it was determined to put the reference to the adobe in the aesthetics section of the report. She further explained that they studied the reports from the State Historic Preservation Office regarding the historical boundaries of the area, and it was determined that the project did not have a direct impact to the adobe. In response to an inquiry from Mayor Pro Tem Packard, Engineering Manager Glen Van Peski explained the chart showing the travel times on College Boulevard at the Carlsbad boundary straight through to Vista Way in its existing condition and through build-out conditions with mitigation measures in place (on file in the Office of the City Clerk). In response to an inquiry from Mayor Hall, Mr. VanPeski stated that the City of Oceanside's concerns are now included as conditions of the project and studies show that the mitigation measures would have an impact on traffic conditions. City Attorney Celia Brewer advised Council that the Public Hearing was now closed and no additional written or oral testimony could be received. She further stated that the Municipal Code required Council to consider the evidence presented and direct the City Attorney to return with implementing documents. If Council gives direction to the City March 26, 2013 Carlsbad City Council Meeting Page 11 Attorney on April 2, 2013, then Council could adopt the final documents before the Housing Element requirements deadline. Council concurred to continue the item to its April 2, 2013 meeting. DEPARTMENTAL AND CITY MANAGER REPORT; 11. AB #21.174 - APPOINTMENT OF CITY TREASURER. This item was pulled for discussion earlier in the meeting. COUNCIL REPORTS AND COMMENTS; Mayor Hall 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: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following events: Friday, March 29, 2013 - 5:00-7:00 p.m. Carlsbad Beach Foundation Reception Relm Bistro 2917 State Street, Carlsbad ADJOURNMENT; By proper motion, the Regular Meeting of March 26, 2013 was adjourned at 11:25 p.m. BARBARA ENGLESON City Clerk SHERRY FREISINGER Senior Deputy Clerk