Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
CM Blackburn
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES:
Motion to approve Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. Moved by Council Member Packard, seconded by .
Vote to approve Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. (Approved) (Recorded at 00:09:59)
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.
Presentation of a proclamation recognizing a donation from Eagle Scouts Steven Cook and Liam Gannon.
Presentation of the San Diego Youth Employment Program.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. Moved by Council Member Packard, seconded by .
Vote to approve Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. (Approved) (Recorded at 00:30:40)
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive 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. 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. Resolution No. 2013-064. ACTION:
AB 21,164
2. AB #21,165 - ACCEPTANCE OF IN-KIND DONATIONS FOR EAGLE SCOUT PROJECTS ON CITYWIDE TRAILS . Accepting in-kind donations of building materials in support of Eagle Scout projects on Citywide Trails. Resolution No. 2013-065. ACTION:
AB 21,165
3. AB #21,166 - ACCEPTANCE OF DONATION TO THE CARLSBAD CITY LIBRARY. 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. Resolution No. 2013-066. ACTION:
AB 21,166
4. AB #21,167 - ACCEPTANCE OF A STATE HOMELAND SECURITY GRANT AND APPROPRIATION OF GRANT FUNDS. 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. Resolution No. 2013-067. ACTION:
AB 21,167
5. AB #21,168 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Declaring public nuisances in conjunction with the City of Carlsbad Weed Abatement Program, and setting a public hearing for April 30, 2012. Resolution No. 2013-068. ACTION:
AB 21,168
6. AB #21,169 - ADVERTISE FOR BIDS, PROJECT NO. 5515. 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. Resolution No. 2013-069. ACTION:
AB 21,169
7. AB #21,170 - AMEND 2013 REGULAR CITY COUNCIL MEETING CALENDAR. Amending the schedule, date, time and location for regular meetings of the Carlsbad City Council for calendar year 2013. Resolution No. 2013-070. ACTION:
AB 21,170
8. AB #21,171 - REPORT ON CITY INVESTMENTS. Accepting the Interim City Treasurer's Report on City Investments as of February 28, 2013. ACTION:
AB 21,171
ORDINANCE FOR ADOPTION:
Cm Packard and Hall recused themselves 6:25 [p.m.
CM Blackburn motioned
CM Packard Hall returned to dias 6:26
9. AB #21,172 - CLARIFY THE COLLECTION OF SEWER AND TRAFFIC FEES RELATED TO OUTDOOR DINING AREAS. Adopting 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. ACTION:
AB 21,172
PUBLIC COMMENT:
Vanessa Alden spoke about citizens sending their special needs/special ed children to schools elsewhere. Supports bringing oxford preparatory academy into Carlsbad.
Mary lynn Gallegher spoke about Carlsbad Unified School District issues pertaining to the education of carlsbad children. Would like a charter school (Oxford) to come into Carlsbad.
Mayor Hall moved item No 11 before Item No. 10
Walt Meier requested the city enact an ordinance to stop throw away papers.
Diane ??? spoke in support of bringing Oxford prepatory school to carlsbad.
Amy Hagen spoke in support of brining Oxford Prepatory School into Carlsbad.
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
PUBLIC HEARING:
11. AB #21,174 - APPOINTMENT OF CITY TREASURER. To consider appointing a qualified candidate and registered voter of Carlsbad to fill the unexpired term of the City Treasurer. Resolution No. 2013-073. ACTION:
CM Douglas - stated she had no conflict of interest due to craig lindholm resigning as a board member from tri-city hospital foundation
CM Blackburn stated Mr. Williams was a standout of the three applicants.
Cm Wood stated she supported Craig Lindholm.
MPT Packard wanted to see new people into the cityy
Mayor Hall motioned to appoint Craig Lindholm as City Treasurer.
appointed unanimously
AB 21,174
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
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. To consider certification of an Environmental Impact Report (EIR 11-02), including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and approval of General Plan Land Use, Circulation and Open Space and Conservation Element Amendments, Zone Change ( ZC 11-04), a Master Plan (MP 10-01) identifying five residential areas, three community facilities areas, and four Open Space areas for the purpose of regulating the future development of 656 residential units and community facilities, Local Facilities Management Plan (LFMP 87-25) to subdivide 156 acres into 17 lots, mass grade and provide backbone infrastructural improvements on property generally located at south of Haymar Drive and west of College Boulevard; and, To consider denying the appeal and upholding the Planning Commission's recommendation of approval of the Tentative Tract Map for CT 11-04. Introduction of Ordinance Nos. CS-208 and CS-209. Resolution Nos. 2013-071 and 2013-072. ACTION:
AB 21,173
Get the name of the additional presenter with Van who addressed the EIR.
Mr. Lynch reviewed the proposed traffic mitigation measures of the project.
No circulation of the EIR is warranted. REcommend approval and certification
VAn addressed the appeal and the vesting tract map
MPT Packard - removeal of r5 and p5 zones by planning commission. moving p5 over next to p3 at the end of p4 area. or is it eing changed so much that iit is a removel
vanPC was to remove p5 area andremoveal would make area deficient in that condition.
Packard p5 being tacked onto p4 is staff recommendation?
Blackburn - traffic and eir and beig significant and unmitigated and council has to find overridingg conditions. mcMillin proposed some mitigation to the traffic. it is still significantly unmitigated.
con. the improvements will reduce traffic impact. according to the caculation have to get below a certain delaly time.
blackburn i f we approve the eir does not mean that we have found any overriding considerations - separate vote?
Mike hogan special counsel certifiy the eir you woudl be adioting findings of fact and statement of overrding conditions would believe outweigh the unmitigated traffic considerations.
Douglas removal of R5 and P5 reason from PC point of view
VAn overall inensity of the project - would reduce traffic impact, opens up the view corridor the intensity and scope and size of the project.
douglas what was original recommendation?
Van original 656 units with P5 and R5
Mayor Hall - city of oceanside list of condition - have they been icnorporated into the document
Van - yes
Mark McMillan owner of McMillan companies. worked hard to meet the objectives of the city while still maintaing a viable project.
Todd Galarneau of corky mcmillin companies would be making comments regarding support of 656 units. Mr. Galarneau reviewed the developable areas of the project and those areas that were constricted from development due to state and cities' and use requirements. He also reviewed the traffic mitigation measures of the project. Project meets the city's 11 growth management thresholds. Request the city approve the project as proposed by Mcmillin.
recess 7:45
CM Douglas - smart growth - project did not qualify
Mr. Galarneau stated with the current density the project is short of smart growth
Hall - how many affordable units in project
Tg - 48 or so allocated to the mix full 15% city requires. Additional inclusionary units negotiated with staff provdes andother 15-18 units about 65 units in total
Mayor Hall - front end costs TG - offsite sewer/reclaimed water, improvements to Haymar, offsite traffic improvements, greatest constrait is that improvements need to be built up front. Total improvement is about $50 million including city impact fees. MH - is financing something mcmillin does? TG - each developer comes up with own financing.
MPT Packard - regulatory agencies signing off at 656 units or someother number van - 656 units packard - envision carlsbad review of property can clarify what envision carlsbad commentary on this area Gary Barberio - recommended to pc that pa5 and R% be removed and 56 unites associated with that area be transferred over to other areas. EC3 recommendation was modified by PC was to whitehole the quarry creek project packard the ec3 had an acceptable number of units Barberio - 656 units on a smaller footprint.
Blackburn - asked how quarry creek project went from 293 to 656 homes van - during city's housing element update city allocated to the eastern part (the reclamation parcel) 293 for gp rml counci increased to 506 for housing element van - 506 panhandle portion permitted 77 units to just that area, changing that to residential medium high density is the remaining difference. van - never a project that had 506 units.
open public hearing at 8:02
Ian Davis Rue, Carlsbad spoke in opposition to the project. opposed panhandle development. Paige DeCino, Carlsbad spoke in opposition to the project. opposed panhandle development. Frd Sandquist, representing Batiquitos Lagoon Foundation, concerned about traffic issues, opposed panhandle development
Re[resenting the native americans spoke in opposition of the project. would like to see cultural idnegify with project.
Bruce Koons director of SOHO, address the impact of developing R4 and P5 areas and the relationship to the ranch house. No development on P5 and half of R4 should not be developed. Cm Douglas asked what his feeling was when the mining was going on. Koons stated it was probably not an appropriate place nex to el salto falls. Douglas - said something about deqa - please describe again. Koons says if it is feasible under ceqa to lessen the impact the council must find the overriding facts. Alana Koons, disconcerning to hear project described as a charitible donation to the city. Spoke in opposition to more than 506 homes. Spoke about the developer being interested in profit. Mike Stivers, Carlsbad presented a photo of his son to Council showing the panhandle in the background. opposed to the development of the panhandle. Mayor Hll asked Mr. Stivers if he was in favor of the trail from Simsbury. Mr. STivers stated he was not opposed to the trail. Kathleen Billings Leucadia spoke in opposition to the project. David Billings President of the Buena Vista Audobon Society concerned with wildlife corridor and spoke in opposition to development of the panhandle. Would like to see the City put prop c money into the panhandle. Madge Torres, Carlsbad adressed the mitigation of the view areas regarding areas R4 and P5. Concerned there is not enough landscaping to screen the homes and that the landscaping chosen was not native to the area and includes invasive species. Don Christensan Carlsbad read a letter delivered to the Council offices on March 25, 2013. (On file in the Office of the City Clerk.) Marcella Escobar Eck, Carlsbad spoke in support of the Quarry Creek project stating she was disappointed that the project did not qualify as a smart growth project that could provide additional funding to the city. Rachel Hartman, Carlsbad spoke in support of the Quarry Creek project.addressed the affordable housing element of the project. Bess Moore Carlsbad spoke in support of the project. ??? also spoke in support of the project. Bill Pevey President of CIC Management spoke in support of the project. addressed the affordable housing element. Mary Jane Jankowskinsi spoke in support of the project - affordable housing element. Guy Holliver Carlsbad spoke in support of the project - affordable housing at 656 units Tom Brad spoke in support of the project - spoke about the value of open space being accessible to all. Esther Sanchez, Council Member Oceanside stated that as the lead agency thought the project would be a low residential project. City of Oceanside is on record in opposition to the project as planned. Oceanside had attemtped to purchase the remaining lands to no avail. All of the unmitigable impacts will be on Oceanside residents. Endanger the critical habitat resources that the city has been working long to preserve. Preserve the panhandle, Reduce number of housing units. Steven Balas Oceanside, addressed that he would be highly impacted by the project but was in support of the project at the 656 number of units. Simon Firedman, Carlsbad spoke in opposition to the project urged the Council to read the City of Oceanside's March 4, 2013 letter to the city of Carlsbad. Suggested the use of Prop C to purchase the panhandle. Mary Jane Jakowsinski, San Diego Housing Works, spoke in support of the project - affordable housing element.prove the project at 506 units. Diane Powell Carlsbad spoke in opposition to the project concerned about traffic conjestion save the panhandle Paul West Carlsbad spoke in opposition to the project Jeff ??? Carlsbad opposes the 656 units, 506 homes, city use funds to assist with this project Joan Bachman Oceanside spoke in opposition to the project Carmen Nichol Carlsbad spoke in opposition to the prject Shelley Hayes Caron spoke in opposition to the project addressed the historic photo on the city's powerpoint site, marron adope eligible for the national register of historic places. EIR does not take the historic significance into consideration. Developer sates they can fix the view with a mitigation of trees. The credibility of the adobe in the EIR is lacking. Lonnie Smith Carlsbad stated traffic study in the EIR is flawed.Cited issues that were not addressed and will occur when MiraCosta College is in session. Also increased traffic when elementary and hope elementary school is in session. Lynette ??? Carlsbad spoke in support of the project with 656 units. Mike Bullock Oceanside, San Diego Sierra Club Transportation gave the council a powerpoint presentation (on file in the office of the city clerk) - spoke in opposition to the project - wants tp save the panhandle Renee Houston Carlsbad spoke in opposition to the project would like to see the panhandle purchased by the cityl Casey Cincirelli, Carlsbad spoke in opposition to the project overburden of low income housing adds to the burden of the carlsbad unified school district advocates the 250 unit plan - panhandle not used - purchase more open space-city needs passive recreational land - spare the panhandle Mike Mahoney ConAm, San Diego, property owner in Carlsbad spoke in support of the project at 656 units Margaret Brooks San Diego spoke in opposition to the project - save the panhandle Gary Nessim spoke in opposition to the project - save the panhandle Karen Merrill - Oceanside, representing Preserve Calavera, spoke in opposition to the projectconcerned that the project barely meeets the city's HMP standards. concerned about the save the panhandle Everett Delano representing Preserve Calavera and North County Advocates - importance of the adobe - addressed the aesthetic impact of the adobe as being wrong in the EIR - addressed the relationship between CEQA and historical resources - urged council to visit the site - financial information -
Recess: 9:50
Meeting resumed 10:02
Tom Gibbs, Carlsbad spoke iwould like the project to be smaller and addressed increased traffic concerns. Consider not allowing the trailhead to be built. emergency access road not from simsbury court. Nancy Weaver, Oceanside spoke in opposition to the project - concerned about the placement of the proposed day care facility concerned about children living in a "bowl-like' condition Joyce Gammon Oceanside - lives across the 78 freeway from El Salto Falls. Maureen Cummings, Carlsbad - addressed the traffic on the College/Lake Road area - reviewed the route the paramedics take when they receive a call from someone in Carlsbad in the Calavera Hills area the project affects those residents of Carlsbad that live in the area Margaret Sullivan, Carlsbad agreed that affordable housing is needed, not desirable - smaller amount of units, traffic is an issue, opposed to the trailhead off of simsbury court Jerry Colling, Carlsbad addressed the traffic issues, recommended to limit housing to 506 - would like to see the Marron adobe maintain its pristine view De Anne Wi'mer, Carlsbad representing Friends of Aviara, Spoke in opposition to the project - project does not have access to public transit - Quarry Creek shopping center should be redeveloped. Would like to see the panhandle preserved. Diana Lincoln, Carlsbad representing Friends of Aviara, spoke in opposition to the project - would like to see the panhandle preserved and a smaller number of units. Sara Huber, Carlsbad spoke in opposition as proposed. addressed development on the panhandle requires additional environmental study (get her stuff) Rob Maier, Carlsbad representing North County Advocates spoke with concerns about traffic, spoke in opposition to the 656 units and would like to see the number reduced, would like to see the requirement of public transportation, save the panhandle Jay Klaufenstein Carlsbad addressed the proposed traffic failures that will occur as a result of the project, (provided Council a document - page 38 of the City of Oceanside's Circulation Element). Tom Gray, Carlsbad, Coastal Serena Senior Community, 380 of the residents have signed petitions in opposition to the project. Diane Nygaard, Preserve Calavera, would like to see all 156 acres preserved. Would like the 15 acre panhandle preserved. Reduce the number of units, require public transportation and require the installation of a pedestrian and bicycle trail. Mary Ann Viney, Carlsbad asked the Council to preserve the panhandle.
Mayor Hall closed the public hearing at 10:44
Todd Galarneau came forward to speak. no new issues that have not been identified and that has not been analyzed and that the developer/staff has not provided a solution for. every document the city has produced does not constitute open space on the panhandle. get all of this reduction of the amount of homes does not significantly reduce the time spent in traffic. mcmillin did the run times .get this
Special Council addressed Cequa - Esther Sanchez - letter sent to PC - staff has since provided a written response to Oceanside Cultural impact Traffic impacts from RK Engineering - response addressing concerns Lower density alternative economic feasiblility - have been addressed
Mayor Hall closed the public hearing and written testimony 10:56
Cm Douglas - wildlife and wildlife corridors Consultant - project has an hmp hardline the project complies with and expands as part of the wildlife corridor Douglas - environmental agencies approval of wildlife requirements Consultnat - project has HMP equivvalency findings Douglas - landscaping issues - is council approvinig specific Van - conceptual landscape plan for visual - final approval will come later Douglas - conceptual not what is going to be planted Van - close to what will be approved Douglas - concerns with non-native plants being used Consultant - non native but non invasive species as well as native species will be used Douglas - Schools - schools have to approved - kids bussed to another school Consultant - school boundaries and where they go are up to the school district Douglas - have you worked with the school district Consultant - school issues predicated by SB 50 Dougals - R4 - speakers requested cutting Van - 506 units on the 100 acre parcel Douglas - does staff stand by traffic and traffic engineering report Bryan Jones - thoroughly studied, engineers at city of oceanside reviewed also, Douglas mitigation points that mcmillin was showing with all of the improvements Jones - develpper exceeding their requriements for development of the project Douglas - is mcmillin voluntarily doing more than we require other developers jones - doing more than the city of oceanside has required other developers who developed along that area to provide
Blackburn - discussion with mcmillin regarding Prop C to preserve the land in that area Van - no Blacburn - would it be good to use funds for that area Van - policy issues Blackburn - culmulative traffic impacts Jones - looks out ot horizon years and includes not only this project but additional future project Blackburn - what contstitutes a traffic failure Jones - increase delay at an intersection as example Blackburn - conversation (Level d) at an intersection, what is it rated if you sit with the light at three tmes is this a failure Jones - depends - all approaches at the intersection are taken, gave an explanation on how the determination of the level of the traffic signal or failure of a signal is achieved Jones - not a standard caltrans interchange - not built any longer Blackburn - mitigation plans to add an additioanl traffic lane going north will a fourth lane help JOnes - provides more space, can improve the turning movements and oceanside has asked for the turning lanes blackburn - simsbury trail is this talking about a trail having access or is there more including parking Van - just a trail not a trailhead
Wood - delanos thoughts about adobe more than an aesthietic impact with the EIR Consultant -Shannon Davis Architectual Historian - Appendix F of the EIR- visn wood-did you take into consideration the national registery boundaries Consultant - yes, obtained copies of the reports they reviewed when they made a determination of the boundaries and identified the character and defining featuresual impacts analysis was conducted not a direct impact to the adobe Wood -
Packard-show traffic time differential between existing situation with 250 units , 506 units, 600 and 656 units GVP - dpn't have all the numbers in a table format rather than talk about average delays, most people relate to overall travel time. the traffic consultant urban systems did a study with a computer model and did ground runs, based on that study from a southerly boundary straight through to vista way, take a little bit over 4 minutes (today). Add the project 656 units and the mitigation (all turn lanes and additional throught lanes) end up basically unchanged. 600 dwelling units makes almost no additional impacts go to build out and no project time increases to 5 minutes.
Hall - Sanchez are you comfortable that we are addressing Oceanside's needs GVP - yes, many of the concerns in oceansides letter were not in mitigation but that we were not requiring it as mitigation and it is now a condition of the project and then the studies show that the mitigations do have an impact on the traffic. Hall - buildinout include rancho del oro buildout GVP does include rancho del oro on the oceanside side Cannon Reach 4 b
CA Brewer if the council closes the ph tonight no oral or written testimonay can continue. The code requires the council to consider teh evidence to the CA to return with the implementing documents. If Council gives direction to CA next Tuesday, then Council can get this.
continue the item to the April 2 meetingl
Adjourn: 1 1:25
AB 21,173
DEPARTMENTAL AND CITY MANAGER REPORT:
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Mar 26, 2013 City Council and Carlsbad Public Financing Authority Board Meeting
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
CM Blackburn
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES:
Motion to approve Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. Moved by Council Member Packard, seconded by .
Vote to approve Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. (Approved) (Recorded at 00:09:59)
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.
Presentation of a proclamation recognizing a donation from Eagle Scouts Steven Cook and Liam Gannon.
Presentation of the San Diego Youth Employment Program.
PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION:
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. Moved by Council Member Packard, seconded by .
Vote to approve Minutes of the Special Meeting held March 12, 2013. Minutes of the Regular Meeting held March 12, 2013. (Approved) (Recorded at 00:30:40)
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive 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. 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. Resolution No. 2013-064. ACTION:
AB 21,164
2. AB #21,165 - ACCEPTANCE OF IN-KIND DONATIONS FOR EAGLE SCOUT PROJECTS ON CITYWIDE TRAILS . Accepting in-kind donations of building materials in support of Eagle Scout projects on Citywide Trails. Resolution No. 2013-065. ACTION:
AB 21,165
3. AB #21,166 - ACCEPTANCE OF DONATION TO THE CARLSBAD CITY LIBRARY. 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. Resolution No. 2013-066. ACTION:
AB 21,166
4. AB #21,167 - ACCEPTANCE OF A STATE HOMELAND SECURITY GRANT AND APPROPRIATION OF GRANT FUNDS. 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. Resolution No. 2013-067. ACTION:
AB 21,167
5. AB #21,168 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE WEED ABATEMENT PROGRAM. Declaring public nuisances in conjunction with the City of Carlsbad Weed Abatement Program, and setting a public hearing for April 30, 2012. Resolution No. 2013-068. ACTION:
AB 21,168
6. AB #21,169 - ADVERTISE FOR BIDS, PROJECT NO. 5515. 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. Resolution No. 2013-069. ACTION:
AB 21,169
7. AB #21,170 - AMEND 2013 REGULAR CITY COUNCIL MEETING CALENDAR. Amending the schedule, date, time and location for regular meetings of the Carlsbad City Council for calendar year 2013. Resolution No. 2013-070. ACTION:
AB 21,170
8. AB #21,171 - REPORT ON CITY INVESTMENTS. Accepting the Interim City Treasurer's Report on City Investments as of February 28, 2013. ACTION:
AB 21,171
ORDINANCE FOR ADOPTION:
Cm Packard and Hall recused themselves 6:25 [p.m.
CM Blackburn motioned
CM Packard Hall returned to dias 6:26
9. AB #21,172 - CLARIFY THE COLLECTION OF SEWER AND TRAFFIC FEES RELATED TO OUTDOOR DINING AREAS. Adopting 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. ACTION:
AB 21,172
PUBLIC COMMENT:
Vanessa Alden spoke about citizens sending their special needs/special ed children to schools elsewhere. Supports bringing oxford preparatory academy into Carlsbad.
Mary lynn Gallegher spoke about Carlsbad Unified School District issues pertaining to the education of carlsbad children. Would like a charter school (Oxford) to come into Carlsbad.
Mayor Hall moved item No 11 before Item No. 10
Walt Meier requested the city enact an ordinance to stop throw away papers.
Diane ??? spoke in support of bringing Oxford prepatory school to carlsbad.
Amy Hagen spoke in support of brining Oxford Prepatory School into Carlsbad.
In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
PUBLIC HEARING:
11. AB #21,174 - APPOINTMENT OF CITY TREASURER. To consider appointing a qualified candidate and registered voter of Carlsbad to fill the unexpired term of the City Treasurer. Resolution No. 2013-073. ACTION:
CM Douglas - stated she had no conflict of interest due to craig lindholm resigning as a board member from tri-city hospital foundation
CM Blackburn stated Mr. Williams was a standout of the three applicants.
Cm Wood stated she supported Craig Lindholm.
MPT Packard wanted to see new people into the cityy
Mayor Hall motioned to appoint Craig Lindholm as City Treasurer.
appointed unanimously
AB 21,174
PUBLIC COMMENT: Continuation of the Public Comments (if necessary)
The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
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. To consider certification of an Environmental Impact Report (EIR 11-02), including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and approval of General Plan Land Use, Circulation and Open Space and Conservation Element Amendments, Zone Change ( ZC 11-04), a Master Plan (MP 10-01) identifying five residential areas, three community facilities areas, and four Open Space areas for the purpose of regulating the future development of 656 residential units and community facilities, Local Facilities Management Plan (LFMP 87-25) to subdivide 156 acres into 17 lots, mass grade and provide backbone infrastructural improvements on property generally located at south of Haymar Drive and west of College Boulevard; and, To consider denying the appeal and upholding the Planning Commission's recommendation of approval of the Tentative Tract Map for CT 11-04. Introduction of Ordinance Nos. CS-208 and CS-209. Resolution Nos. 2013-071 and 2013-072. ACTION:
AB 21,173
Get the name of the additional presenter with Van who addressed the EIR.
Mr. Lynch reviewed the proposed traffic mitigation measures of the project.
No circulation of the EIR is warranted. REcommend approval and certification
VAn addressed the appeal and the vesting tract map
MPT Packard - removeal of r5 and p5 zones by planning commission. moving p5 over next to p3 at the end of p4 area. or is it eing changed so much that iit is a removel
vanPC was to remove p5 area andremoveal would make area deficient in that condition.
Packard p5 being tacked onto p4 is staff recommendation?
Blackburn - traffic and eir and beig significant and unmitigated and council has to find overridingg conditions. mcMillin proposed some mitigation to the traffic. it is still significantly unmitigated.
con. the improvements will reduce traffic impact. according to the caculation have to get below a certain delaly time.
blackburn i f we approve the eir does not mean that we have found any overriding considerations - separate vote?
Mike hogan special counsel certifiy the eir you woudl be adioting findings of fact and statement of overrding conditions would believe outweigh the unmitigated traffic considerations.
Douglas removal of R5 and P5 reason from PC point of view
VAn overall inensity of the project - would reduce traffic impact, opens up the view corridor the intensity and scope and size of the project.
douglas what was original recommendation?
Van original 656 units with P5 and R5
Mayor Hall - city of oceanside list of condition - have they been icnorporated into the document
Van - yes
Mark McMillan owner of McMillan companies. worked hard to meet the objectives of the city while still maintaing a viable project.
Todd Galarneau of corky mcmillin companies would be making comments regarding support of 656 units. Mr. Galarneau reviewed the developable areas of the project and those areas that were constricted from development due to state and cities' and use requirements. He also reviewed the traffic mitigation measures of the project. Project meets the city's 11 growth management thresholds. Request the city approve the project as proposed by Mcmillin.
recess 7:45
CM Douglas - smart growth - project did not qualify
Mr. Galarneau stated with the current density the project is short of smart growth
Hall - how many affordable units in project
Tg - 48 or so allocated to the mix full 15% city requires. Additional inclusionary units negotiated with staff provdes andother 15-18 units about 65 units in total
Mayor Hall - front end costs TG - offsite sewer/reclaimed water, improvements to Haymar, offsite traffic improvements, greatest constrait is that improvements need to be built up front. Total improvement is about $50 million including city impact fees. MH - is financing something mcmillin does? TG - each developer comes up with own financing.
MPT Packard - regulatory agencies signing off at 656 units or someother number van - 656 units packard - envision carlsbad review of property can clarify what envision carlsbad commentary on this area Gary Barberio - recommended to pc that pa5 and R% be removed and 56 unites associated with that area be transferred over to other areas. EC3 recommendation was modified by PC was to whitehole the quarry creek project packard the ec3 had an acceptable number of units Barberio - 656 units on a smaller footprint.
Blackburn - asked how quarry creek project went from 293 to 656 homes van - during city's housing element update city allocated to the eastern part (the reclamation parcel) 293 for gp rml counci increased to 506 for housing element van - 506 panhandle portion permitted 77 units to just that area, changing that to residential medium high density is the remaining difference. van - never a project that had 506 units.
open public hearing at 8:02
Ian Davis Rue, Carlsbad spoke in opposition to the project. opposed panhandle development. Paige DeCino, Carlsbad spoke in opposition to the project. opposed panhandle development. Frd Sandquist, representing Batiquitos Lagoon Foundation, concerned about traffic issues, opposed panhandle development
Re[resenting the native americans spoke in opposition of the project. would like to see cultural idnegify with project.
Bruce Koons director of SOHO, address the impact of developing R4 and P5 areas and the relationship to the ranch house. No development on P5 and half of R4 should not be developed. Cm Douglas asked what his feeling was when the mining was going on. Koons stated it was probably not an appropriate place nex to el salto falls. Douglas - said something about deqa - please describe again. Koons says if it is feasible under ceqa to lessen the impact the council must find the overriding facts. Alana Koons, disconcerning to hear project described as a charitible donation to the city. Spoke in opposition to more than 506 homes. Spoke about the developer being interested in profit. Mike Stivers, Carlsbad presented a photo of his son to Council showing the panhandle in the background. opposed to the development of the panhandle. Mayor Hll asked Mr. Stivers if he was in favor of the trail from Simsbury. Mr. STivers stated he was not opposed to the trail. Kathleen Billings Leucadia spoke in opposition to the project. David Billings President of the Buena Vista Audobon Society concerned with wildlife corridor and spoke in opposition to development of the panhandle. Would like to see the City put prop c money into the panhandle. Madge Torres, Carlsbad adressed the mitigation of the view areas regarding areas R4 and P5. Concerned there is not enough landscaping to screen the homes and that the landscaping chosen was not native to the area and includes invasive species. Don Christensan Carlsbad read a letter delivered to the Council offices on March 25, 2013. (On file in the Office of the City Clerk.) Marcella Escobar Eck, Carlsbad spoke in support of the Quarry Creek project stating she was disappointed that the project did not qualify as a smart growth project that could provide additional funding to the city. Rachel Hartman, Carlsbad spoke in support of the Quarry Creek project.addressed the affordable housing element of the project. Bess Moore Carlsbad spoke in support of the project. ??? also spoke in support of the project. Bill Pevey President of CIC Management spoke in support of the project. addressed the affordable housing element. Mary Jane Jankowskinsi spoke in support of the project - affordable housing element. Guy Holliver Carlsbad spoke in support of the project - affordable housing at 656 units Tom Brad spoke in support of the project - spoke about the value of open space being accessible to all. Esther Sanchez, Council Member Oceanside stated that as the lead agency thought the project would be a low residential project. City of Oceanside is on record in opposition to the project as planned. Oceanside had attemtped to purchase the remaining lands to no avail. All of the unmitigable impacts will be on Oceanside residents. Endanger the critical habitat resources that the city has been working long to preserve. Preserve the panhandle, Reduce number of housing units. Steven Balas Oceanside, addressed that he would be highly impacted by the project but was in support of the project at the 656 number of units. Simon Firedman, Carlsbad spoke in opposition to the project urged the Council to read the City of Oceanside's March 4, 2013 letter to the city of Carlsbad. Suggested the use of Prop C to purchase the panhandle. Mary Jane Jakowsinski, San Diego Housing Works, spoke in support of the project - affordable housing element.prove the project at 506 units. Diane Powell Carlsbad spoke in opposition to the project concerned about traffic conjestion save the panhandle Paul West Carlsbad spoke in opposition to the project Jeff ??? Carlsbad opposes the 656 units, 506 homes, city use funds to assist with this project Joan Bachman Oceanside spoke in opposition to the project Carmen Nichol Carlsbad spoke in opposition to the prject Shelley Hayes Caron spoke in opposition to the project addressed the historic photo on the city's powerpoint site, marron adope eligible for the national register of historic places. EIR does not take the historic significance into consideration. Developer sates they can fix the view with a mitigation of trees. The credibility of the adobe in the EIR is lacking. Lonnie Smith Carlsbad stated traffic study in the EIR is flawed.Cited issues that were not addressed and will occur when MiraCosta College is in session. Also increased traffic when elementary and hope elementary school is in session. Lynette ??? Carlsbad spoke in support of the project with 656 units. Mike Bullock Oceanside, San Diego Sierra Club Transportation gave the council a powerpoint presentation (on file in the office of the city clerk) - spoke in opposition to the project - wants tp save the panhandle Renee Houston Carlsbad spoke in opposition to the project would like to see the panhandle purchased by the cityl Casey Cincirelli, Carlsbad spoke in opposition to the project overburden of low income housing adds to the burden of the carlsbad unified school district advocates the 250 unit plan - panhandle not used - purchase more open space-city needs passive recreational land - spare the panhandle Mike Mahoney ConAm, San Diego, property owner in Carlsbad spoke in support of the project at 656 units Margaret Brooks San Diego spoke in opposition to the project - save the panhandle Gary Nessim spoke in opposition to the project - save the panhandle Karen Merrill - Oceanside, representing Preserve Calavera, spoke in opposition to the projectconcerned that the project barely meeets the city's HMP standards. concerned about the save the panhandle Everett Delano representing Preserve Calavera and North County Advocates - importance of the adobe - addressed the aesthetic impact of the adobe as being wrong in the EIR - addressed the relationship between CEQA and historical resources - urged council to visit the site - financial information -
Recess: 9:50
Meeting resumed 10:02
Tom Gibbs, Carlsbad spoke iwould like the project to be smaller and addressed increased traffic concerns. Consider not allowing the trailhead to be built. emergency access road not from simsbury court. Nancy Weaver, Oceanside spoke in opposition to the project - concerned about the placement of the proposed day care facility concerned about children living in a "bowl-like' condition Joyce Gammon Oceanside - lives across the 78 freeway from El Salto Falls. Maureen Cummings, Carlsbad - addressed the traffic on the College/Lake Road area - reviewed the route the paramedics take when they receive a call from someone in Carlsbad in the Calavera Hills area the project affects those residents of Carlsbad that live in the area Margaret Sullivan, Carlsbad agreed that affordable housing is needed, not desirable - smaller amount of units, traffic is an issue, opposed to the trailhead off of simsbury court Jerry Colling, Carlsbad addressed the traffic issues, recommended to limit housing to 506 - would like to see the Marron adobe maintain its pristine view De Anne Wi'mer, Carlsbad representing Friends of Aviara, Spoke in opposition to the project - project does not have access to public transit - Quarry Creek shopping center should be redeveloped. Would like to see the panhandle preserved. Diana Lincoln, Carlsbad representing Friends of Aviara, spoke in opposition to the project - would like to see the panhandle preserved and a smaller number of units. Sara Huber, Carlsbad spoke in opposition as proposed. addressed development on the panhandle requires additional environmental study (get her stuff) Rob Maier, Carlsbad representing North County Advocates spoke with concerns about traffic, spoke in opposition to the 656 units and would like to see the number reduced, would like to see the requirement of public transportation, save the panhandle Jay Klaufenstein Carlsbad addressed the proposed traffic failures that will occur as a result of the project, (provided Council a document - page 38 of the City of Oceanside's Circulation Element). Tom Gray, Carlsbad, Coastal Serena Senior Community, 380 of the residents have signed petitions in opposition to the project. Diane Nygaard, Preserve Calavera, would like to see all 156 acres preserved. Would like the 15 acre panhandle preserved. Reduce the number of units, require public transportation and require the installation of a pedestrian and bicycle trail. Mary Ann Viney, Carlsbad asked the Council to preserve the panhandle.
Mayor Hall closed the public hearing at 10:44
Todd Galarneau came forward to speak. no new issues that have not been identified and that has not been analyzed and that the developer/staff has not provided a solution for. every document the city has produced does not constitute open space on the panhandle. get all of this reduction of the amount of homes does not significantly reduce the time spent in traffic. mcmillin did the run times .get this
Special Council addressed Cequa - Esther Sanchez - letter sent to PC - staff has since provided a written response to Oceanside Cultural impact Traffic impacts from RK Engineering - response addressing concerns Lower density alternative economic feasiblility - have been addressed
Mayor Hall closed the public hearing and written testimony 10:56
Cm Douglas - wildlife and wildlife corridors Consultant - project has an hmp hardline the project complies with and expands as part of the wildlife corridor Douglas - environmental agencies approval of wildlife requirements Consultnat - project has HMP equivvalency findings Douglas - landscaping issues - is council approvinig specific Van - conceptual landscape plan for visual - final approval will come later Douglas - conceptual not what is going to be planted Van - close to what will be approved Douglas - concerns with non-native plants being used Consultant - non native but non invasive species as well as native species will be used Douglas - Schools - schools have to approved - kids bussed to another school Consultant - school boundaries and where they go are up to the school district Douglas - have you worked with the school district Consultant - school issues predicated by SB 50 Dougals - R4 - speakers requested cutting Van - 506 units on the 100 acre parcel Douglas - does staff stand by traffic and traffic engineering report Bryan Jones - thoroughly studied, engineers at city of oceanside reviewed also, Douglas mitigation points that mcmillin was showing with all of the improvements Jones - develpper exceeding their requriements for development of the project Douglas - is mcmillin voluntarily doing more than we require other developers jones - doing more than the city of oceanside has required other developers who developed along that area to provide
Blackburn - discussion with mcmillin regarding Prop C to preserve the land in that area Van - no Blacburn - would it be good to use funds for that area Van - policy issues Blackburn - culmulative traffic impacts Jones - looks out ot horizon years and includes not only this project but additional future project Blackburn - what contstitutes a traffic failure Jones - increase delay at an intersection as example Blackburn - conversation (Level d) at an intersection, what is it rated if you sit with the light at three tmes is this a failure Jones - depends - all approaches at the intersection are taken, gave an explanation on how the determination of the level of the traffic signal or failure of a signal is achieved Jones - not a standard caltrans interchange - not built any longer Blackburn - mitigation plans to add an additioanl traffic lane going north will a fourth lane help JOnes - provides more space, can improve the turning movements and oceanside has asked for the turning lanes blackburn - simsbury trail is this talking about a trail having access or is there more including parking Van - just a trail not a trailhead
Wood - delanos thoughts about adobe more than an aesthietic impact with the EIR Consultant -Shannon Davis Architectual Historian - Appendix F of the EIR- visn wood-did you take into consideration the national registery boundaries Consultant - yes, obtained copies of the reports they reviewed when they made a determination of the boundaries and identified the character and defining featuresual impacts analysis was conducted not a direct impact to the adobe Wood -
Packard-show traffic time differential between existing situation with 250 units , 506 units, 600 and 656 units GVP - dpn't have all the numbers in a table format rather than talk about average delays, most people relate to overall travel time. the traffic consultant urban systems did a study with a computer model and did ground runs, based on that study from a southerly boundary straight through to vista way, take a little bit over 4 minutes (today). Add the project 656 units and the mitigation (all turn lanes and additional throught lanes) end up basically unchanged. 600 dwelling units makes almost no additional impacts go to build out and no project time increases to 5 minutes.
Hall - Sanchez are you comfortable that we are addressing Oceanside's needs GVP - yes, many of the concerns in oceansides letter were not in mitigation but that we were not requiring it as mitigation and it is now a condition of the project and then the studies show that the mitigations do have an impact on the traffic. Hall - buildinout include rancho del oro buildout GVP does include rancho del oro on the oceanside side Cannon Reach 4 b
CA Brewer if the council closes the ph tonight no oral or written testimonay can continue. The code requires the council to consider teh evidence to the CA to return with the implementing documents. If Council gives direction to CA next Tuesday, then Council can get this.
continue the item to the April 2 meetingl
Adjourn: 1 1:25
AB 21,173
DEPARTMENTAL AND CITY MANAGER REPORT:
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