HomeMy WebLinkAbout1992-04-07; City Council; Minutes*
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MINUTES OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: April 7, 1992
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at
6:07 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Nygaard, Larson, Kulchin and Mayor Lewis.
Absent: Council Member Stanton.
INVOCATION was given by Mayor Lewis.
PLEDGE OF ALLEGIANCE was led by Council Member Larson.
PRESENTATION: Mayor Lewis presented a Proclamation to Lee Bohlrnann, representing the Chamber Of'Commerce, for NATIONAL FRANCHISING WEEK.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Kulchin, Council approved the Minutes of the Special Meeting and the Regular Meeting of March 24, 1992, as presented. + AYES : Lewis, Kulchin, Larson and Nygaard
C SENT CALENDAR:
Mayor Lewis requested that Item #4 be removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, with the exception of Item #4, as follows:
AYES : Lewis, Kulchin, Larson and Nygaard
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #11,615 - RENEWAL OF CONTRACT FOR 1991-92 AUDIT SERVICES.
Council adopted RESOLUTION NO. 92-87, renewi'ng the contract with KPMG Peat Marwick for auditing services for the City's 1991-92 financial statements.
2. AB #11,616 - ACCEPTANCE OF MURPHY OFFSITE IMPROVEMENTS - CT 85-35(C) - IAVIARA) .
Council accepted the improvements, authorized the City Clerk to record the Notice of Completion, and directed the Utilities/Maintenance
Department to commence maintaining the public street, sewer and storm drain improvements constructed at Hummingbird Drive and Rock Dove Street.
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April 7, 1992 Page 2
CONSENT CALENDAR: (Continued)
! 3. AB #11,617 - REVISED FLOW METERING POLICY AND OPERATIONS AND MAINTENANCE AGREEMENT FOR FLOW METERS WITHIN THE ENCINA SERVICE BASIN.
Council adopted RESOLUTION NO. 92-88, adopting the revised Flow Metering Policy and approving the Operations and Maintenance Agreement for the Flow Meters within the Encina Service Basin.
4. AB #11,618 - SETTLEMENT OF LITIGATION - NCRRA V. SDG&E - CASE NO.
634642.
This item was removed from the Consent Calendar.
.2 5. AB #11,619 - DECLARATION OF PUBLIC NUISANCES - WEED ABATEMENT PROGRAM.
Council adopted RESOLUTION NO. 92-89, declaring weeds, rubbish and refuse on private property to be public nuisances, and setting a hearing on the matter for April 21, 1992.
6. AB R11.633 - ACCEPTANCE OF PREVIOUSLY REJECTED OFFER OF DEDICATION - PR
3.4.137.
Council adopted RESOLUTION NO. 92-100, accepting a previously rejected offer of dedication for a street easement adjacent to Hummingbird Road designated as a portion of Area "A" on Map No. 12411.
7 7. AB #11.621 - CONSULTANT AGREEMENT FOR PREPARATION OF ADAMS STREET ROADWAY ALIGNMENT STUDY - PROJECT NO. 3364. I
Council adopted RESOLUTION NO. 92-90, approving an agreement with Dudek
& Associates for the preparation of a roadway alignment study for Adams Street between Harrison Street and Park Drive.
8. AB #11,620 - ACCEPTANCE OF DONATION TO D.A.R.E. PROGRAM.
Council adopted RESOLUTION NO. 92-91, accepting a donation of $500 to the City of Carlsbad.Drug Abuse Resistance Education Program from Daniels Cablevision.
9. AB 111,622 - APPROPRIATION OF FUNDS FROM THE POLICE ASSET FORFEITURE - FUND.
Council adopted RESOLUTION NO. 92-92, appropriating funds in the amount of $47,000 from the Police Asset Forfeiture Fund for support of police activities.
ITEM REMOVED FROM THE CONSENT CALENDAR:
4. AB #11,618 - SETTLEMENT OF LITIGATION - NCRRA V. SDG&E - CASE NO.
634642.
Acting City Attorney Ron Ball announced that the settlement agreement embodies the position of the City.
ACTION: On motion by Mayor Lewis, Council received the Settlement Agreement and placed the Agreement in the public record.
AYES : Lewis, Kulchin, Larson and Nygaard
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PUBLIC COMMENT:
There were no requests to address the Council at this time.
PUBLIC HEARINGS:
7 10. AB #11,623 - LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 16.
Mayor Lewis opened the duly noticed Public Hearing at 6:26 p.m., and issued the invitation to speak.
Ted Chang, 3765 Kenyon Street, San Diego, representing the owners of the property, Paul Chang and Ted Gildred, asked for approval of the staff report and recommendat ion.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:28 p.m.
ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted
RESOLUTION NO. 92-93, approving a Negative Declaration for Local Facilities Management Plan 16; and
RESOLUTION NO. 92-94, approving a Local Facilities Management Plan for Local Facilities Management Zone 16.
- AYES : Lewis, Kulchin, Larson and Nygaard
I 11. AB #11,624 - EIR 91-2/GPA 91-3/LCPA 91-1/ZC 91-6/CT 91-3/HDP 91-3/SUP
.3 91-2 - EVAhS POINT.
1 Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m., and issued the invitation to speak.
Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, representing George Wimpy, Inc., requested deletion of Condition 78 of Planning Commission Resolution 3352, stating it was no longer required.
City Manager Ray Patchett stated Council had deleted the condition on another item, but staff was unclear, and would continue to include the condition on appropriate projects, unless directed otherwise.
Robert Randolph, 2306 Bryant Drive, Camino Hills Mobile Home Park, spoke in opposition to the roads providing access to their park being closed, forcing them to travel through the Evans Point Project to reach El Camino Real.
Jean St. Clair, 2284 Morgan Road, Camino Hills, stated she was here with her neighbors representing other residents of this senior citizen subdivision, to oppose the closing of Camino Hills Drive, forcing them to travel through the Evans Point development to reach El Camino Real.
Mr. Hofman stated that the owner would accept Condition 78 rather than hold up approval of the project.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:12 p.m.
City Manager Ray Patchett stated that people who purchased property in Camino Hills Mobile Home Park signed a document waiving their right to object to the future closing of Camino Hills Drive, which was part of the project approval. In order to change that, the Camino Hills legal entity should process an amendment to the map through the City.
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PUBLIC HEARINGS: (Continued)
ACTION: On motion by Council Member Larson, Council directed the City Attorney to prepare documents certifying EIR 91-2 and approving GPA 91-3, LCPA 91-1, CT 91-3, HDP 91-3, and SUP 91-2; amended to Change Condition 23 of Planning Commission Resolution No. 3352, to state "trees provided for in this condition will not satisfy any other tree-planting requirements; and modification of Condition 96 F, to add: "Upon notification by the City Engineer"; and
Council introduced ORDINANCE NO. NS-195; amending Title 21 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a Zone Change, ZC 91-6 from LC to R-1 and OS on property generally located on the southwesterly side of El -i Camino Real between the future extension of Cannon Road and existing Camino Hills Drive.
AYES : Lewis, Kulchin, Larson and Nygaard
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 7:14 p.m., and re- convened at 7:16 p.m., with four Members present, and Council Member Stanton absent.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 7:16 p.m., and re-convened at 7:52 p.m., with four Members present, and Council Member Stanton absent.
RECESS :
Mayor Lewis declared a Recess at 7:52 p.m., and Council re-convened at 8:02 p.m., with four Members present, and Council Member Stanton absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB 811,625 - NORTHWEST OUADRANT PARK ENHANCEMENT STUDY.
Mayor Lewis stated that Council would hear the information on this item and continue it to allow for more public input and review.
Council Member Larson stated he did not see a Community Facility District as a viable financing option, as the cost benefit was not sufficient.
Mario Monroy, 3610 Carlsbad Boulevard, representing the Northwest Quadrant Citizen Group, spoke in support of the Hosp GroveIBuena Vista Study, and expressed the opinion it would be possible to do it with existing available funding.
Ron Wootton, P. 0. Box 520, Vista, representing the Buena Vista Lagoon Foundation, stated some of the projects provide regional benefits, which
also provides for additional funding sources. He distributed copies of the Buena Vista Lagoon, Hill Streeet/Carlsbad Boulevard Boardwalk Plans dated November 1991, and explained same.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Ramona Finnila, 4615 Trieste Drive, spoke in favor of Option IV,
including a combination of projects from the CIP and the Northwest Quadrant Studies. She stated there is a need for a community center and suggested this be a joint venture with the City and the agencies and clubs in the Northwest Quadrant.
Council agreed that the idea of a shared community center should be studied further, including information on costs, potential sites, and also suggested staff contact the other agencies to see if there is interest. I
ACTION: Council, by consensus, agreed to continue this item two weeks for further input and information.
1 13.' AB #11,626 - REQUEST TO REVISE MASSAGE ORDINANCE.
Paul Schumann, Holistic Health Practitioner, addressed Council requesting that the City revise its massage ordinance to allow massage services in non-licensed locations, such as homes and businesses.
Judy Dean, 4607 Park Boulevard, representing the California Massage Therapy Association, spoke in favor of the request to allow massage services in homes.
Police Chief Vales stated he had no problem with Mr. Schumann. However, to open this service to homes would create a problem with enforcement. He stated he did not object to -opening this service to businesses, as that is controllable, and suggested Council may wish to instruct staff to look at the mechanics of how to allow that in businesses.
ACTION : This item was referred to staff for a report.
7 14. AB #11,627 - APPOINTMENT OF MEMBERS TO THE APPEALS PANEL FOR COMMUNITY FACILITIES DISTRICT NO. 1.
ACTION: On motion by Council Member Larson, Council adopted RESOLUTION NO. 92-95, authorizing the City Manager to
appoint Members to the Appeals Panel for Community Facilities District No. 1.
AYES : Lewis, Kulchin, Larson and Nygaard
I 15. AB #11,628 - REVISION TO PUBLIC NOTICE SECTION OF CITY COUNCIL MEETING
AGENDAS.
ACTION: On motion by Mayor Pro Tem Kulchin, Council approved a revision to the public notice section of the City Council Meeting Agenda to allow citizens ten minutes for a presentation unless the Mayor, with the unanimous consent of the Council, directs otherwise.
AYES: Lewis, Kulchin, Larson and Nygaard
1 16. AB #11,582 - APPOINTMENT TO CARLSBAD ARTS COMMISSION.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO.
92-70, appointing Arthur Wood to the Arts Commission. (one motion for 16, 17, 19, 20 and 21)
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
17. AB #11,592. - PERSONNEL BOARD APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92- - 79, appointing William Compas to the Carlsbad Personnel Board. (one motion for 16, 17, 19, 20 and 21)
18. AB #11,629 - PARKING AUTHORITY APPOINTMENT.
This item was continued.
19. AB #11,630 - HISTORIC PRESERVATION COMMISSION APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92-
Preservation Commission. (one motion for 16, 17, 19, 20 and - 111, re-appointing Robert Zavala to the Historic
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20. AB #11,631 - APPOINTMENTS TO THE SISTER CITY COMMITTEE.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92- - 96, re-appointing Mari Andersson to the Sister City Committee; and
RESOLUTION NO. 92-97, re-appointing Bill Dominguez to the Sister City Committee. (one motion for 16, 17, 19, 20 and
21)
RESOLUTION NO. 92-98 was continued.
21. AB #11,632 - APPOINTMENT TO PLANNING COMMISSION.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92- - 99, appointing Kim Welshons to the Planning Commission. (one motion for 16, 17, 19, 20 and 21)
AYES : Lewis, Kulchin, Larson and Nygaard
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members.
ADJOURNMENT:
By proper motion, the Regular Meeting of April 7, 1992, was adjourned at 9:56 p.m., to Thursday, April 9, 1992, 6 - 8:OO p.m., at Aviara Resort, in the event a quorum of Council Members is present at the reception sponsored by the ' Construction Industry Political Action Committee.
Respectfully submitted,
&kfA.A 2 6?- .'
ALETHA L. RAUTENKRANZ City Clerk
Harriett Babbitt Minutes Clerk
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