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Home My WebLink About1991-09-17; City Council; Minutes* 0 0 MINUTES - Meeting of: CITY COUNCIL (Regular) Date of Meeting: September 17, 1991 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent: None. INVOCATION was given by Pastor Mark Griffo of the Good Shepard Assembly of God. PLEDGE OF ALLEGIANCE was led by Council Member Stanton. PRESENTATIONS: Mayor Lewis presented a Proclamation for Constitution Week to Nancy Wade of the Daughters of the American Revolution. Mayor Lewis presented a Proclamation for California Coastal Clean-up Week to Dave Bradstreet, Parks and Recreation Director. Mayor Lewis presented a Retirement Proclamation and Plaque to Tony Mata of the Building Department. APPROVAL OF MINUTES: None. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1- AB #11.345 - APPROVAL OF RENTAL AGREEMENT FOR THE HISPANIC COMMUNITY INFORMATION CENTER. Council adopted RESOLUTION NO. 91-303, approving a rental agreement between the City of Carlsbad and Lexia M.A. Kaspar Ribeiro for the use of the property at 3430 Harding Street for the Hispanic Information Center, subject to approval of the Conditional Use Permit. Ici I - COUNCIL I\/\ 3 %' % MEMBERS % %% % Lewis Larson xx Kulchin X X Nygaard X Stanton X 0 0 MINUTES r c September 17, 1991 Page 2 CONSENT CALENDAR: (Continued) 2. AB #11,346 - AUTHORIZATION FOR THE CITY TO ACT AS FISCAL RECEIVER FOR DONATIONS FOR CARLSBAD DANCE CENTRE'S TRIP TO FUTTSU. JAPAN. Council adopted RESOLUTION NO. 91-304, authorizing the City of Carlsbad to act as the fiscal receiver for funds collected by the Carlsbad Dance Centre to finance a student trip to Sister City Futtsu, Japan. PUBLIC COMMENT: Anne Mauch, 3425 Ridgecrest Drive, Carlsbad, representing Project Future, requested that Council make a commitment to maximize public participation in the General Plan Review. She expressed concern that the City is behind schedule, and requested that the City put a hold on development during the review. ORDINANCE FOR ADOPTION: 3. AB #11,342 - AMENDMENT OF TITLE 20 OF CARLSBAD MUNICIPAL CODE TO REQUIRE ADDITIONAL INFORMATION ON FINAL MAPS. Council adopted the following Ordinance: ORDINANCE NO. NS-172, amending Title 20, Chapter 20.20 and Chapter 20.32 of the Carlsbad Municipal Code to allow for the placement of additional information on final maps. PUBLIC HEARINGS: 4. AB #11,347 - AMENDMENTS TO TITLE 21 OF CARLSBAD MUNICIPAL CODE TO REGULATE BUILDING HEIGHT - ZCA 91-3. Mayor Lewis opened the duly noticed public hearing at 7:08 p.m., and issued the invitation to speak. Sally Katich, 4179 Highland Drive, spoke in opposition to the height limit for lots larger than 15,000 square feet, in the downtown infill areas. She requested those areas be given the same consideration as the Beach Area Overlay, and that the height limit. be set at 30 feet, rather than 35 feet. Lock Williams, 3480 Carlsbad Boulevard, representing his parents, spoke in favor of the proposed amendments. 190 - COUNCIL /\I\ % ?$%$ MEMBERS % @ Z. @ Lewis X Nygaard X Stanton X Larson xx Kulchin X 0 0 MINUTES .r ~ September 17, 1991 Page 3 PUBLIC HEARINGS: (Continued) Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, Carlsbad, referenced Section 21.28.030 (6) of the proposed Ordinance, which states IIThe site must develop with a regional commercial use that would accomodate large anchor tenantstt. He stated that the wording is used in various sections throughout the oridnance, and he requested it be deleted. Chris Calkins, 5600 Avenida Encinas, Carlsbad, representing Carltas Company, referenced his letter dated September 17, 1991, distributed to Council prior to the meeting and reiterated the request of Mr. Hofman. Since no one else wished to speak on the matter, Mayor Lewis closed the public hearing at 7:22 p.m. Council Member Larson made a motion to remove the allowance for 15,000 square foot lots to exceed the height limitations. The motion was subsequently withdrawn. The public hearing was continued to the meeting of October 8, 1991 for additional staff report regarding alternatives for residential height limitations in the downtown infill areas and height limitations in commercial/industrial areas. 5. AB #11,348 - LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 21. Mayor Lewis opened the duly noticed public hearing at 7:50 p.m., and issued the invitation to speak. Jack Henthorn, Jack Henthorn Associates, 5431 Avenida Encinas, Suite G, Carlsbad, representing the Zone 21 property owners, spoke in favor of the staff recommendation. Dwight Spiers, 5431 Avenida Encinas, Suite G, Carlsbad, one of the property owners in Zone 21, spoke in favor of the plan. Since no one else wished to speak on the matter, Mayor Lewis closed the public hearing at 7:55 p.m. 18s c COUNCIL /\I\ 3 %% % MEMBERS % 9% 9 Larson X Lewis Stanton xx Larson X Kulchin X X Nygaard X 1 I 0 0 MINUTES September 17, 1991 Page 4 PUBLIC HEARINGS: (Continued) Council adopted the following Resolutions: RESOLUTION NO, 91-306, approving the Negative Declaration for Local Facilities Management Plan for Zone 21. RESOLUTION NO. 91-307, approving a Local Facilities Management Plan for Local Facilities Management Zone 21. 6. AB #11,349 - AMENDMENTS TO THE GENERAL PLAN, LOCAL COASTAL PLAN, AND ZONING REGULATIONS - GPA 90-2/LCPA 90-4/ZC 91-8 - LAGUNA POINT. Mayor Lewis opened the duly noticed public hearing at 8:03 p.m., and issued the invitation to speak, Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, Carlsbad, spoke on behalf of the applicant in support of the staff recommendation. Margaret Bonas, 231 Olive Avenue, Carlsbad, representing the Agua Hedionda Lagoon Foundation, outlined the Foundation's concerns regarding the prevention of sedimentation, retention of public access to the lagoon, and the linkage of trailways and walkways. Jim Courtney, 1861 View Street, the owner of the adjacent acreage, spoke in opposition to the zone change, noting incompatibility with adjacent areas, and the need to preserve access to the lagoon. Barbara Mead, 4140 Adams Street, Carlsbad, spoke in favor of the zone change because the rezone will make the property conform to the whole area. Since no one else wished to speak on the matter, Mayor Lewis closed the public hearing at 8:15 p.m. Council directed the City Attorney to prepare documents approving the Negative Declaration, GPA 90-2, AND LCPA 90-4, and introduced the following Ordinance: ORDINANCE NO, NS-174. amending Title 21 of the Carlsbad Municipal Code to amend the zoning map to grant a zone change from R-T to R-1-15, on property generally located on the south side of Adams Street between Hoover Street and Highland Drive. I I 9Q -r COUNCIL /\I\ %?$%$, MEMBERS + 6 Z. 8 Lewis Nygaard X Stanton X Larson xx Kulchin X X Lewis xx Kulchin X Nygaard X Stanton X Larson X r ! 0 0 MINUTES September 17, 1991 Page 5 ~~~ ~~~~~ ~~~ ~~~ RECESS: Mayor Lewis declared a Recess at 8:20 p.m., and Council re-convened at 8:34 p.m., with all Members present. PUBLIC HEARINGS: (Continued) 7. AB #11,350 - ZONE CHANGE, TENTATIVE MAP, HILLSIDE DEVELOPMENT PERMIT. SPECIAL USE PERMIT AND LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT - ZC 91-5/CT 91-2/HDP 91- 2/SUP 91-1/LFMP 87-24(A) - EAGLE CANYON. Mayor Lewis opened the duly noticed public hearing at 8:40 p.m., and issued the invitation to speak. Jack Henthorn, Jack Henthorn and Associates, 5431 Avenida Encinas, Suite G, Carlsbad, representing the applicant, spoke in favor of the project and requested approval. Hope Wrisley, 2080 Basswood Avenue, Carlsbad, inquired if the Kelly Barn were located on this property. Staff responded that the Kelly Barn is located on the property to the north of this site. Since no one else wished to speak on the matter, Mayor Lewis closed the public hearing at 8:42 p.m. Council directed the City Attorney to prepare documents approving the Conditional Negative Declaration, CT 91-2, HDP 91-2, SUP 91-1, and LFMP 87-24(9) , and introduced the following Ordinance: ORDINANCE NO. NS-175, amending Title 21 of the Carlsbad Municipal Code by amending the zoning map to grant a zone change from L-C to R-1 and 0-S on property generally located on the west side of El Camino Real, north of Camino Hills Drive. 8. AB #11,351 - APPEAL OF CERTAIN CONDITIONS OF APPROVAL - MINOR SUBDIVISION NO. 818 - BLUMENSHINE, Mayor Lewis opened the duly notice public hearing at 8:45 p.m., and issued the invitation to speak. Karen Blumenshine, 2256 Jefferson St., Carlsbad, the appellant, representing herself and her parents Robert and Dorothy Blumenshine addressed Council. She distributed a letter, dated September 17, 1991, detailing her appeal. 189 c COUNCIL /\I\ % %$ % MEMBERS % %% % Lewis xx Kulchin X X Nygaard X Stanton X Larson c 1 0 0 MINUTES September 17, 1991 Page 6 PUBLIC HEARINGS: (Continued) Dr. Blumenshine stated that the conditions placed on her project were onerous and extraordinary, and outlined her request for changes to Planning Condition No. 8, Engineering Condition No. 8, and Engineering Condition No. 23A. Since no one else wished to speak on the matter, Mayor Lewis closed the public hearing at 9:lO p.m. Council directed the City Attorney to prepare documents denying the appeal, subject to the amendment of Condition of Approval No. 23A to read *I The removal and replacement of the existing 24" CMP to the satisfaction of the City Engineer." 9. AB #11,352 - GRANTEE PERFORMANCE REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FISCAL YEAR 1990-91. Mayor Lewis opened the duly noticed public hearing at 9:30 p.m.. Since no one wished to speak on the matter, the public hearing was closed. Council adopted the following Resolution: RESOLUTION NO. 91-308, approving the 1990- 91 Grantee Performance Report for the Community Development Block Grant Program. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB #11.353 - VILLAGE MERCHANTS REQUEST REGARDING SIGN ORDINANCE. The following individuals addressed Council requesting approval of an interim sign policy allowing free-standing signs in the Village Area: Hope Wrisley, 2080 Basswood Avenue, Carlsbad, representing the Village Merchants Association. Robert Broughton, 2992 Lexington Circle, Carlsbad. Donald Schempp, President of the Carlsbad Chamber of Commerce. Lynne Cook, 2832 State Street, Carlsbad, owner of Antiques, Art, And... Carol Baile, 2916 State Street, Carlsbad, the owner of Country Rooms. George Willis, 539 Carlsbad Village Drive, Carlsbad. I RL - COUNCIL /\I\ %?$%&, MEMBERS .2. 8 Z. 8 Lewis X Nygaard X Stanton xx Larson X Kulchin X Lewis X Nygaard X Stanton X Larson xx Kulchin X ,* r e 0 MINUTES September 17, 1991 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Curtis Wigley, 2990 State Street, Carlsbad, the owner of the Village Pub. Allan Wanamaker, 2399-8 Jefferson, Carlsbad, the owner of the Kahala Cafe. Steve Fehlhaber, 2802 State Street, Carlsbad, owner of the video store on State Street. Girard Anear, 1728 Calavo Court, Carlsbad, requested Council retain their existing sign regulations which prohibit free- standing signs. Council directed that the Portable Sign Element of the Village Redevelopment Manual (contained in Exhibit I1XV1 of the Manual) be reinstituted with a sunset clause effective for one year or until completion of the Master Plan for the Redevelopment Area, whichever occurs first, with a permit procedure to be prepared by city staff. ********** Due to the lateness of the hour, the remainder of the Agenda Items were continued. ********** 11. AB #11,354 - APPEAL PROCEDURES. 12. AB #11,355 - SENIOR COMMISSION APPOINTMENTS. 13. AB #11,329 - DESIGN REVIEW BOARD APPOINTMENTS. 14. AB #11,367 - BUILDING AUTHORITY APPOINTMENTS. COUNCIL REPORTS: Mayor Lewis announced that the City Council Members have been invited to a reception on Wednesday, September 18, 1991, for the new Managing Director of the La Costa Hotel and Spa. Mayor Lewis announced that the City Council Members have been invited to the Parks & Recreation Volunteer Appreciation Dinner, on Friday, September 20, 1991, at 5:OO p.m., at Magee Park. I84 COUNCIL \jki $ 0 Y&% + 3, % + MEMBERS 9 (2, Z. (2, Lewis X Nygaard X Stanton xx Larson X Kulchin X .. e 0 MINUTES - September 17, 1991 Page 8 ADJOURNMENT: By proper motion, the Meeting of September 17, 1991, was adjourned at 1O:ll p.m., to Friday, September 20, 1991, at 12:OO Noon, for a Council Members Workshop to be held at the Carlsbad Municipal Water District Conference Room. Respectfully submitted, aa2.esg- ALETHA L. RAUTENKRANZ City Clerk Karen R. Kundtz Assistant City Clerk i I24 T COUNCIL /\I\ 3 a' % MEMBERS % %% %