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HomeMy WebLinkAbout2012-09-11; City Council; MinutesMINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 11, 2012 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 6:03 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. Absent: None. PLEDGE OF ALLEGIANCE: Council Member Packard led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held August 28, 2012. Minutes of the Regular Meeting held August 28, 2012. PRESENTATIONS: Presentation of the Maintenance Superintendent Association Trophy. Transportation Director Skip Hammann introduced Pat Ryan, President of the Maintenance Superintendent's Association to present the trophy won by Carisbad Streets staff at the Maintenance Superintendent Association's Training and Equipment Show on June 14, 2012. Presentation of proclamation to EC3 Committee Members. Mayor Hall presented a proclamation recognizing the members of the ECS Committee. Community and Economic Development Director Gary Barbario and EC3 Committee Chair Eric Larson acknowledged the members of the Committee. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: Mayor Hall announced the City Council met in closed session at 4:00 p.m. on September 11, 2012, to discuss six items: The first was the evaluation of the City Attomey; the second was employer-employee relations regarding management employees, real property discussions on the Plaza Camino Real shopping center parking lot, pending litigation in the case Holbrook v. Citv and potential litigation regarding Scheherezad Massoudi and AB 1484. The City Council also authorized the City Attorney to join in litigation against the State of California, the County of San Diego and other taxing agencies, if necessary, in order to protect and preserve its obligated redevelopment funds. The Council also authorized the City Attomey to file unlawful detainer proceedings in order to obtain possession of the real property it owns at 577 Laguna Drive. September 11, 2012 Carlsbad City Council Meeting Page 2 The City Council directed the City Attorney on the other matters in ways it felt were in the best interests of the citizens of Carlsbad, but no final action was taken on those matters and they will be reported at a future meeting when final action occurs. As to the evaluation of the City Attomey, although the Council members gave the City Attorney high marks in his evaluation after 26 years of service, it is apparently his last evaluation since he has announced his retirement at the end of this year. CONSENT CALENDAR: Item No. 6 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #5 as follows: AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1- AB #20.997 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2012-214. accepting bids and awarding a contract to Keenan & Associates to provide third party administration of workers' compensations claims; and, authorizing the Mayor to execute the agreement. 2. AB #20.998 - APPROVE AGREEMENT. Council adopted RESOLUTION NO. 2012-215. approving the agreement for vehicle Outfitting and retrofitting services of new emergency vehicles with Johnson Equipment Company; and, authorizing the Mayor to execute the agreement. 3. AB #20.999 - APPROVE AMENDMENT TO AGREEMENT. Council adopted RESOLUTION NO. 2012-216. approving amendment No.9 to the agreement with Bureau Veritas North America, Inc. for engineering services for the El Camino Real widening between Tamarack Avenue and Chestnut Avenue, Project No. 3957. 4. AB #21.000 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2012-217. accepting the construction of the 2011 Slurry Seal, Project No. 6001-11SS as complete; and, directing the recordation of a Notice of Completion and release of bonds in accordance with State Law and City Ordinances. 5. AB #21.005 - ESTABLISHMENT OF CARLSBAD GOLF LODING BUSINESS IMPROVEMENT DISTRICT (CGLBID). Council adopted RESOLUTION NO. 2012-221. declaring the intention of the City of Carlsbad to establish the Carisbad Golf Lodging Business Improvement District (CGLBID) and fixing the time and place of the Public place of the Public Meeting and fixing the time and place of the Public Hearing on the matter. 6. AB #21.001 - REPORT ON CITY INVESTMENTS. This item was pulled for discussion. September 11, 2012 Carlsbad City Council Meeting Page 3 DISCUSSION OF CONSENT CALENDAR ITEM: 6. AB #21.001 - REPORT ON CITY INVESTMENTS. Glenn Bernard addressed Council with his concerns regarding the financial health of the city and the amount of retirement benefits it pays to its employees. ACTION: On a motion by Mayor Pro Tem Kulchin, Council accepted the City Treasurer's Report on City Investments as of July 31, 2012 and filed the report. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. PUBLIC COMMENT: Pete Biltchick addressed Council informing them of his concerns regarding pedestrians and the midblock crosswalks along Carlsbad Boulevard. He requested that the City re-stencil crosswalk warnings in the street before Cherry Street along the Boulevard. He also suggested that the City consider consolidating the motorist signs pertaining to the crosswalks and replacing them at a level easier for motorists to read. Michele Levy addressed Council with her concerns regarding the potential outsourcing of parks maintenance staff. DEPARTMENTAL AND CITY MANAGER REPORTS: 7. AB #21.002 - SPECIAL EVENT GRANT REQUEST. Management Analyst Courtney Enriquez gave the PowerPoint presentation and staff report. Matt McBane, founder of the Festival, provided a brief overview of the events taking place and said that additional information could be found at CarlsbadMusicfestival.org. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-218. to consider the request from Carlsbad Music Festival for Special Events Grant funding for the 9*^ Annual Carlsbad Music Festival, to be held September 21 through 23, 2012. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. 8. AB #21.006 - DEVELOPMENT IMPACT FEE DEFERRAL REPORT Development Services Manager Mike Peterson gave the PowerPoint presentation and staff report. Thomas Krouse of Carlsbad stated that he spoke to other cities in the County that implemented this policy and said he was informed that after implementation, there was a lack of an increase in building activity. He added that he felt the city was creating an administrative burden, and that the city will experience a reduction of cash flow. Borrie Winkle, President of the Building Industry Association stated Carlsbad was one of the last cities in the County to implement this policy and urged Council to adopt the fees deferral program. September 11, 2012 Carlsbad City Council Meeting Page 4 Council Member Packard requested clarification from staff regarding payment of fees and the certificate of occupancy. Mr. Peterson replied that it will not matter who owns the property and that the fees will need to be paid before the owner can request a final inspection of the project or obtain a certificate of occupancy from the city. City Attorney Ron Ball informed Council that the ordinances to be adopted ensure that the fees are paid however, there may be situations where the payment of fees may be delayed. ACTION: On a motion by Mayor Pro Tem Kulchin, Council accepted the report and directed the City Attorney to return with implementing documents. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. 9. AB #21.003 - ENVISION CARLSBAD DRAFT PREFERRED PLAN. Community and Economic Development Director Gary Barbario gave the staff report and PowerPoint presentation. Council Member Packard asked about the change of three industrial property designations to residential designations in the Palomar Corridor. Mr. Barbario explained that in order to satisfy existing and future housing element requirements, residential land is required and changing certain zoning designations from planned industrial to residential could assist in meeting those needs. He added that staff reviewed community vision core values, and identified properties where residents could access services by foot or bike as well as the location of housing in relation to jobs. Council Member Packard asked about the impact of designating residential property within the planned industrial area. Mr. Barbario said that staff looked at the surrounding land uses. He explained the parcels chosen were along a transportation corridor, were outside of the airport impact zone, and had separation from the industrial area as well as proximity to commercial service areas. In response to an inquiry from Council Member Douglas, Mr. Barbario explained that the Regional Housing Needs Assessment (RHNA) was a state mandated program providing housing needs for very low income, low income, moderate and above moderate income residents. If the city does not meet the requirement, the city's housing element would not be consistent with its General Plan and the city could lose its ability to issue building permits for all development. Mr. Barbario informed Council that although the Quarry Creek Project was not recommended for inclusion in the prefen-ed plan by the Planning Commission, 500 dwelling units within the Quarry Creek project are considered in the preferred plan to assist in meeting the RHNA requirement. In response to an inquiry from Council Member Douglas, Mr. Barbario replied that he did not have cost estimates to add the non-recommended properties of the EC3 Committee into the EIR analysis and did not know if the additional analysis would cause a delay. He did add that perhaps the property owners could share in the EIR costs. September 11, 2012 Carlsbad City Council Meeting Page 5 Council Member Blackburn asked about adding all of the properties identified by the EC3 Committee into the EIR analysis. Mr. Barbario explained that adding all of the properties into the environmental analysis would give Council the most flexibility when making its decision in 2013, and if cost was a factor, staff could look into cost sharing with property owners. He added that the main constraint to adding the properties is a potential delay in the adoption of the housing element. RECESS: Mayor Hall declared a recess at 7:58 p.m. with five Council Members present. RECONVENE: Mayor Hall reconvened the meeting at 8:05 p.m. with five Council Members present. Diane Nygaard representing Preserve Calavera, requested Council consider adding more open space to the Quarry Creek project. Joan Herskowitz representing the Buena Vista Audubon Society urged the Council to include additional open space in the Quarry Creek project. Bill Hoffmann, representing H.G. Fenton, provided a PowerPoint presentation to Council (on file in the Office of the City Clerk). Mr. Hoffman explained why he felt a high density residential project was appropriate for their site. He urged Council to support staffs and Planning Commission's recommendations. Todd Galameau representing Corky McMillan Companies and the following people who chose not to speak: Larry Cohen Blake Nelson John O'Malley Guy Asaro Sandy Periatti Brian Milich Al Potter Robert Gaughen Mr. Galarneau requested the Planning Commission's recommendations regarding Focus Area No. 3 be considered and to not include the property in the Draft Preferred Plan. He further asked that decisions on any proposed changes be deferred to the Quarry Creek Project master planning process that is currently taking place. Jack Henthom representing Integral Communities came fonvard to address Council with a PowerPoint presentation (on file in the Office of the City Clerk). He requested that Council consider including the Palomar Oaks West site in the environmental impact report (EIR) analysis. When asked by Council Member Douglas if his client would consider sharing the EIR study costs, Mr. Henthorn said he felt his client would consider the request. Craig Beam, representing LoneStar Properties in the Ponto area, requested this area be included in the EIR study. Mr. Beam addressed the need for an increase in residential density on Parcel 1. Mr. Beam referred to his July 17, 2012 letter to the Planning Commission (on file in the Office of the City Clerk) regarding the lack of sewer facilities and the determination of the types of units to be built under the "Village Mixed-Use" designation. Mr. Beam stated his client would participate in cost sharing. Ted Tchang President of Techbilt Companies, owner of the property at the intersection of Faraday and El Fuerte Street (Lot 1 of Carisbad Oaks North) stated this parcel is well suited to be re- designated from Planned Industrial to Residential. He urged Council to support the change. September 11, 2012 Carlsbad City Council Meeting Page 6 Ophie Escobedo, representing the Barrio area came fonvard to address Council stating she was hoped this area did not lose its identity and heritage. She also stated that she was concerned about the R-30 designation on land surrounding the barrio. Nina Hall of Vista spoke in support of preserving the panhandle in the Quarry Creek project as open space. Don Christiansen spoke in support of preserving Buena Creek Valley. Shelley Hayes Caron spoke in support of preserving Buena Creek Valley. Mike Howes, of Howes Weiler & Assoc. requested that the contents of his September 5, 2012 letter to the Mayor and Council (on file in the Office of the City Cleric) be added as a note to the chart on page 18 of agenda bill no. 21,003. Thomas Krouse spoke regarding Focus Area No. 10. and the as yet to be built connection between Poinsettia Lane and El Camino Real. He asked Council to minimize the speed limit and to encourage the traffic flow to alternate areas. Sherry Alverado of Carisbad addressed her concerns regarding the barrio. She stated she would like to see the reference of the Barrio when it's improved, changed to the Village. Patrice Danaher of Carisbad spoke in support preserving open space at Buena Creek Valley. In response to an inquiry from Mayor Hall regarding the Quarry Creek Master Plan, Mr. Barbario reviewed the timeline for the adoption of the Zoning Ordinance and Local Coastal Plan update. City Planner Don Neu confirmed that staff is projecting the Planning Commission will consider the Quarry Creek Master Plan several months before it considers the Envision Carisbad EIR. He added that any decisions made by Council on the alternatives regarding the additional properties will factor into the Envision Carisbad EIR timeline. Discussion ensued among staff and Council regarding quadrant caps, densities and how to represent the additional properties in the EIR. City Attorney Ron Ball recommended that Council include the following amendments to the resolution: 1) the modifications contained in the September 10, 2012 memorandum from City Planner Don Neu; 2) the addition of a note to the chart on page 18 of the agenda bill per Mr. Howes letter to the Mayor and City Council dated September 5, 2012; and, 3) to include the following properties as shown on Exhibit 9 - Palomar Oaks West, Basin BJ Parcel, Robertson Ranch PA 22 and the Ponto Village parcel provided that there are satisfactory cost sharing agreements. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2012-219. accepting the report on the Envision Carisbad Draft Preferred Plan, directing staff to utilize the plan in the preparation of the General Plan update and program environmental impact report and to include the following amendments to the resolution: the modifications contained in the memorandum dated September 10, 2012 from City Planner Don Neu that state: "that an alternative residential density of R-30 shall be studied as an EIR alternative for the area shown as the "Townhouse Neighborhood" September 11, 2012 Carlsbad City Council Meeting Page 7 in the Ponto Beachfront Village Vision Plan located within Focus Area 9 of the Draft Preferred Plan; and the footnote from the letter from Howes Weiler and Associates dated September 5, 2012 to the city regarding the Excess Dwelling Units Bank that states: "EDBU units are not being allocated or reserved for the Draft Preferred Plan at this time. This table is for analysis purposes only. When the General Plan update is adopted by City Council, EDBU units will be allocated to effectuate the land use changes adopted with the update, which may differ from those shown on the Draft Preferred Plan. a. Alternatives will be analyzed during the preparation of the Program Environmental Impact Report (PEIR); such alternatives will include Envision Carisbad Land Use Alternatives A (Centers), B (Active Waterfront) and C (Core Focus), and any other alternative that the city determines appropriate to analyze in the PEIR. The PEIR analysis may result in a modification/addition/elimination of residential sites/number of units listed in this table. b. In addition to the residential sites listed in this table, other individual residential projects may be allocated available units from the EDUB at the city's discretion; if such an allocation is made prior to adoption of the General Plan update, the land use changes identified as part of the General Plan update shall be analyzed and adjusted as necessary to be consistent with the available units in the EDUB, as well as the city's policy needs and constraints"; and, to include the following properties shown on Exhibit 9 for EIR review, Palomar Oaks West, Basin BJ Parcel, Robertson Ranch PA 22 and the Ponto Village parcel provided that there are satisfactory cost sharing agreements. The city planner is hereby authorized to develop the cost sharing agreements for the EIR study. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. 10. AB #21.004 - SENIOR COMMISSION APPOINTMENT- ACTION: On a motion bv Mavor Hall. Council adopted RESOLUTION NO. 2012-220. appointing Jack Nelson to the Senior Commission. AYES: Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. PUBLIC COMMENT: COUNCIL REPORTS AND COMMENTS: September 11, 2012 Carlsbad City Council Meeting Page 8 CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ANNOUNCEMENTS: Mayor Hall announced that Council Members had been invited to and may attend the following events: Thursday, September 13, 2012 - 5:30 p.m. City of Carisbad Citizens Academy 1200 Carlsbad Village Drive, Carlsbad Tuesday, September 18, 2012 - 11:00 a.m.-1:00 p.m. Carisbad City Council Study Session Faraday Administration Center 1635 Faraday Avenue, Carisbad Saturday, September 22, 2012 - 12:30 p.m. Carisbad ArtSplash Official Opening Armada Drive, above the Flower Fields, Carisbad ADJOURNMENT: Mayor Hall adjourned the Regular Meeting of September 11, 2012 at 9:49 p.m. in memory of all those who have lost their lives on September 11, 2001; and in remembrance of the millions that have given their time, prayers and lives to the relief efforts. LORRA«NE M. WOOD, CMC City Clerk