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HomeMy WebLinkAbout1993-08-10; City Council; MinutesMINUTES MEmNG OF: DATE OF MEmNG: . TIME OF MEmNG: 6:oO p.m. PLACE OF MEmNG: CITY COUNCIL (Regular Meeting) August 10,1993 City Council Chambers CAU TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLLCALL: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, Council approved the following Minutes, as presented: Minutes of the Special Meeting held July 20, 1993. Minutes of the Regular Meeting held July 20, 1993. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ANNOUNCEMENTS: Mayor Lewis announced there will be a meeting of the Carlsbad Community Action Group Core on Wednesday, August 11, 1993, 1O:OO a.m., at the Harding Community Center; and a meeting with the residents of Lakeshore Gardens Mobilehome Park on Monday, August 16, 1993, 6:OO p.m., at the Lakeshore Gardens Mobilehome Park. All Council Members have been invited to attend these meetings, and there may be more than two Members present. PRESENTATION: Council Member Finnila presented City of Carlsbad coffee mugs to Michael Haubert and the volunteers who instituted a summer reading program for children aged 9 through 13. CONSENT CALENDAR: Mayor Lewis requested Item #IO to be removed from the Consent Calendar. Council Member Finnila requested Item #7 be removed from the Consent Calendar. ACTION: On motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items 1 through 10, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila WANER OF ORDINANCE TDCT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. August 10, 1993 CONSENT CALENDAR: (Continued) Page 2 99 27 41 45 81 99 77 45 23 99 1. 2. 3. 4. 5. 6. 7. 8. 9. AB #12,350 - TENTATIVE MAP EXTENSION - CT 85-21/LCDP 85-3 - PARK VIEW EAST. Council adopted RESOLUTION NO. 93-229, granting a one-year extension of time for the tentative map for CT 85-21/LCDP 85-3, subject to certain conditions. AB #12,351 - ACCEPTANCE OF 1991-92 SINGLE AUDIT. Council accepted the single audit report on federal funding for Fiscal Year 1991 -92. AB #12.352 - SElTLEMENT OF LAWSUIT MACPHEE V. CITY. Council adopted RESOLUTION NO. 93-230, authorizing the expenditure of funds in the amount of $15,305 for the settlement of the lawsuit entitled MacPhee v. City of Carlsbad, Case No. N57045. AB #12,353 - APPROVAL OF UNCONTROLLED STOCKPILE AGREEMENT FOR SOLAMAR MOBILE HOME PARK. Council adopted RESOLUllON NO. 93-231, approving an Uncontrolled Stockpile Agreement between Solamar Mobile Homeowners Association and the City of Carlsbad for the dirt placed on the eastern boundary of the mobile home park. AB #12,354 - DONATION OF MATERIAL TO CARLSBAD CHILDREN’S MUSEUM. Council adopted RESOLUTION NO. 93232, approving the donation of City decals, used street signs, used light bar and a broken car radio to the Carlsbad Children’s Museum. AB #12,355 -TENTATIVE MAP EXTENSION - CT 85-1O/PUD 81 - RICE PROPERTY. Council adopted RESOLUTION NO. 93233, granting a one-year extension of time for the Tentative Map for CT 85-1 O/PUD 81 , subject to certain conditions. AB #12,356 - APPROVAL OF CONSULTANT AGREEMENT FOR PREPARATION OF DOCUMENTS FOR CERTIFICATION OF LOCAL COASTAL PROGRAM. This item was removed from the Consent Calendar. AB #12,357 - APPROVAL OF GRANT APPLICATION TO NATIONAL ENDOWMENT FOR THE ARTS. Council adopted RESOLUTION NO. 93-23!5, approving the Arts Office grant application to the National Endowment for the Arts for $1 0,000 to restore and enhance the visiting artists programs in the City. AB #12,358 - TENTATIVE MAP EXTENSION - CT 88-3 - ARROYO LA COSTA. Council adopted RESOLUTION NO. 93-236, approving a one-year extension of’time for the Tentative Map for CT 883, subject to certain conditions. August 10, 1993 Page 3 CONSENT CALENDAR: (Continued) 55 45 10. AB #12,362 - APPROVAL OF AMENDED INTERIM SOLID WASTE AGREEMENT. This item was removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR: 77 7. AB #12,356 - APPROVAL OF CONSULTANT AGREEMENT FOR PREPARATION OF DOCUMENTS 45 FOR CERTIFICATION OF LOCAL COASTAL PROGRAM. ACTION: On motion by Council Member Finnila,Council adopted RESOLUTION NO. 93-234, approving an agreement between the City of Carlsbad and Planning Systems for consulting services to prepare the City’s Local Coastal Program for certification. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 55 45 10. AB #12,362 - APPROVAL OF AMENDED INTERIM SOLID WASTE AGREEMENT. Mayor Lewis stated the two conditions requested by Carlsbad had been agreed to; namely, that a JPA would be formed and cities would have the right to withdraw before May 31, 1994, if a JPA had not been formed; and two, that no bonding would occur during that time without a majority vote of the members of the Interim Commission. Kris Murphy, 325 El Dorado Drive, representing ECDC, asked Council not to sign the Agreement, as his company is prepared to dispose of the waste for $15 less per ton. He stated that if the City did sign the Agreement and commit 50 percent of their waste to the County, his company would like to dispose of the other 50 percent at a savings to the City. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-237, approving the Interim Solid Waste Agreement with amendments related to approval of bonded indebtedness and appointing Mayor Lewis as Member and Council Member Nygaard as Alternate Member to the Interim Solid Waste Commission. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT: Peter Emmet, 31 7 Pine Avenue, spoke regarding the air pollution and noise created by gasoline-powered leaf blowers and requested that Carlsbad consider outlawing these blowers. Elaine Lyttleton, 421 0 Sunnyhill Drive, representing the Carlsbad Chamber of Commerce, stated that five new companies are to locate in Carlsbad, and are attracted by the quality of life. Their only concern about a Leg0 park was the traffic, and after having that explained, they support having a Leg0 park here. Peder Norby, 2630 Valewood Street, Chairman of the Legoland Task Force, stated that if a Leg0 park were to be built in Carlsbad, that would provide an economic boost not only to Carlsbad, but to the State and County. He said there would be jobs of all pay scales throughout the entire Carlsbad Ranch project. Marilyn Ratcliff, 3645 Marjorie Lane, spoke on behalf of the NAIL organization and presented petitions and a letter in opposition to a Leg0 park in Carlsbad. August 10, 1993 Items 13 and 14 were taken out of order. Page 4 DEPARTMENTAL AND ClTy MANAGER REPORTS: 41 13. AB #12,361 - IMPOSITION OF CRIMINAL JUSTICE ADMINISTRATION FEES. ACTION: On motion by Council Member Nygaard, Council introduced ORDINANCE NO. NS-254, requiring recovery of criminal justice administration fees imposed by San Diego County. In response to Council request, City Attorney Ron Ball stated he will coordinate with all the cities to send a letter to local judges requesting their cooperation with cities’ efforts to reclaim some of this money (i not in dollars, then in service). AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 102 14. AB #12,347 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF GRAND AVENUE. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- - 252, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.340 to establish a prima facie 25 mile per hour speed limit upon Grand Avenue from Ocean Street to its terminus at Interstate Highway 5. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBUC HEARINGS: 114 11. AB #12,359 - OFF-SITE REAL ESTATE SIGNS - ZCA 93-2. Mayor Lewis opened the duly noticed Public Hearing at 655 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- - 253, amending Title 21 , Chapter 21.41 of the Carlsbad Municipal Code regarding regulation of signs. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 43 12. AB #12,360 - APPEAL OF HUBBS SEA WORLD RESEARCH INSTITUTE PROJECT - CUP 92- 10/HDP 93-5. Staff reported on the project and the appeal, as contained in the agenda bill, and referenced a letter distributed prior to the meeting, dated August 5, 1993, from the Department of Fish and Game stating the fish hatchery would not have a siginificant impact on the crops of flora and fauna in the lagoon. Mayor Lewis opened the duly noticed Public Hearing at 7:28 Pam., and issued the invitation to speak. August 10, 1993 Page 5 PUBUC HEARINGS: (Continued) Doug Avis, 6670 El Camino Real, representative of Hubbs Sea World Research Institute, a non- profit scientific organization, stated that this site is one of a few available for this type of use. He asked for approval, stating that this would not be a tourist spot and there would be minimum employee trips. However, the hatchery would be available for educational tours by the school system. Don Kent, Vice President of Sea World Research Institute, 1700 South Shore Road, San Diego, explained the purpose of the organization and the proposed fish hatchery and requested approval. Thomas Smith, Attorney, 2342 Caringa Way, representing P.O.E. (Protect Our Estuary), referred to his letters dated July 20, 1993, and July 30, 1993. He stated this site should be restored to its original status as wetlands, Mr. Smith stated the project would consist of an industrial building using industrial pumps with turn-arounds for buses. Therefore, it would create an industrial zone next to a residential zone, and the two are incompatible. He stated they would be dumping waste in the lagoon and polluting the lagoon and he requested that there be a full and independent environmental review on the project. Pat MacDonald, Editor, Western Outdoor News, a fishing and hunting publication, stated that the complaints of the residents had been taken care of with regard to the appearance of the building, and that this project is something that needs to be done. The land is zoned for this type of project, and a facility is needed to find out whether the white sea bass can be raised. Mike Maras, 4098 Harbor Drive, stated he favored the project if it benefitted all. Jeff Seymour, 41 10 Garfield, spoke in opposition to the hatchery project, stating this would ruin their quiet neighborhood. Dr. Richard Glenn, 8455 Via Mallorca #41, La Jolla, President of the National Coalition for Marine Conservation, spoke in favor of the proposed hatchery, stating the funding for the project has been guaranteed for at least the next ten years. He said this is an experimental program, as it is not known whether or not the white sea bass can be enhanced. Dr. Glenn stated that the project will not have an adverse impact on the lagoon. Captain Joe Cacciola, 325 Harbor Drive South, Oceanside, representing the Sportfishing Association of California, spoke in favor of the project, stating there are not too many sites where this facility could be built and have all parties in agreement. It will not be an industrial area, and the benefits outweigh any negatives. Bernie O’Gara, 331 Olive, stated he opposed the process by which this project is being approved or disapproved, and believes that an EIR should be required. Bryan Bonas, 231 Olive Avenue, representing P.O.E., spoke in opposition to the Negative Declaration in lieu of an EIR and the use of a CUP to construct a 20,000 square feet industrial building adjacent to a residential area. He stated the site should be restored to wetlands. Daurine lrvin 4054 Garfield, opposed the project stating that Garfield is a narrow street and she was concerned about how many trucks would be parked there while the project was being built. She felt the added traffic would lower property values there. August 10, 1993 Page 6 PUBUC HEARINGS: (Continued) John Davis, P. 0. Box 2600, stated he currently owns and operates Carlsbad Aquafarm, Inc., an aquaculture venture growing muscles in the lagoon, and is convinced that this hatchery would not harm his business in any way. He stated he is concerned with the trash that comes into the lagoon from the beach, and added that any trail system should be monitored closely to keep added pollution from the area. Mr. Davis stated that the lagoon is private property. Elaine Lyttleton, 421 0 Sunnyhill Drive, President, Carlsbad Chamber of Commerce, stated the Chamber supports this project and believes that an EIR is not necessary. She stated this area has not been a wetlands for a long, long time and it would be impossible to return it to that. Joyce James, 3931 Garfield, stated she opposed the concept of pile driving, blacktopping and degradation of wetlands that should be restored. She expressed concern about parking in the area. Gracia Riley, 4032 Garfield Street, read a letter from Carole Stewart, in opposition to the project and requesting an EIR for the project. Llewella Davies, 4044 Garfield, spoke in opposition to the proposed hatchery, and stated that residents are being told that utility wires will be undergrounded if they will not oppose the hatchery. Dr. Victoria Fabry, representing California State University, San Marcos, stated the University supports the Hubbs hatchery project. The concerns of the residents have been addressed and she urged Council to not delay the approval. Paul O’Neil, SDG&E, stated residents have not been promised undergrounding of utility wires in exchange for their support for this project. He said that the undergrounding appears to be a workable project for that area; however, this would have to go through SDG&E, and then come to the City Council for further approval. He stated that SDG&E has not been approaching people with this idea and it is not a condition of the project. Mario Monroy, 3610 Carlsbad Boulevard, spoke on behalf of the Agua Hedionda Lagoon Foundation, stating they have a concern about the size of the building. He suggested that perhaps two or three smaller buildings might be built rather than one large one. If the project is approved, the Foundation recommends three additional conditions: 1) The fish hatchery will not serve as mitigation for the Encina power plant at any time; 2) Hubbs Sea World will stock both the Agua Hedionda Lagoon and the Batiquitos Lagoon, in the event that is possible; and 3) That SDG&E follow through on its assurances to improve the trails along the north shore of the lagoon and provide seating areas and interpretive signs with a pictorial exphnation of activities within the hatchery. Bob Ladwig, 2642 Ocean, Chairman of CEEC’s Governmental Affairs Committee, asked Council to deny the appeal and approve the project. Margaret Bonas, 231 Olive Avenue, representing P.O.E., spoke in opposition to the proposed project, and stated that if a fish hatchery is wanted in Carlsbad, it should be placed on the south side of the lagoon, east of 1-5. She stated this site should be zoned Open Space. Jim Paulk, Director, United Anglers of California, 3571 Running Tide Circle, Huntington Beach, spoke in support of the project. August 10, 1993 Page 7 RECESS: Mayor Lewis declared a recess at 9:40 p.m., and Council re-convened at 9:48 p.m., with all Members present. PUBUC HEARINGS: (Continued) Thomas Smith, representing the appellant, spoke in rebuttal, stating there will be a significant environmental impact and reiterating his request for a full EIR for this project. Since no one else wished to speak on this matter, the Public Hearing was closed at 9:s p.m. Council discussion determined that an annual review of the landscaping should be done and the roof color should blend in with the surroundings. Also, the three conditions requested by the Agua Hedionda Lagoon Foundation should he included. The letter from Stephen Crooke, Senior Marine Biologist, State Department of Fish and Game, stating that there would be no adverse impact on the lagoon, was noted as very important in considering the project. City Attorney Ron Ball stated if Council desired to add additional conditions at this point, the applicant must concur. Doug Avis, representing the applicant, stated the three conditions from the Foundation were acceptable, with the understanding that if Hubbs is to stock both the Agua Hedionda Lagoon and the Batiquitos Lagoon, this would be subject to appropriate science; and the trail system would be improved per their request and would be designated for pedestrians only, to discourage other forms of transportation. The enhanced landscaping would be provided with annual review subject to the approval of the Planning Director. Mr. Avis stated that the color for the roof would be chosen to blend in with the surrounding area, also subject to the approval of the Planning Director. ACTION: A motion was made by Mayor Lewis to limit visitation to the hatchery to the hours of 1O:OO a.m. to 2:OO p.m., Monday through Friday only. (The motion failed due to the lack of a majority.) AYES: Lewis and Kulchin NOES: Stanton, Nygaard and Finnila ACTION: By consensus, Council agreed that the hours of visitation should be limited to Monday through Saturday, 1O:OO a.m. to 2:OO p.m Mr. Avis stated the applicant concurred with the additional conditions as proposed. August 10,1993 Page a PUBUC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tern Stanton, Council directed the City Attorney to prepare documents denying the appeal and upholding the Planning Commission approval of CUP 92-1 O/HDP 93-05; amended to include the following additional conditions: 1) The fish hatchery will not serve as mitigation for the Encina power plant at any time. 2) Hubbs Sea World will stock both the Aqua Hedionda Lagoon and the Batiquitos Lagoon, in the event that is possible. 3) That SDG&E follow through on its assurances to improve the trails along the north shore of the lagoon and provide seating areas and interpretive signs with a pictorial explanation of activities within the hatchery. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 10:29 p.m., and re-convened at 10:31 p.m., with all Members present. DEPARTMENTAL AND CrrY MANAGER REPORTS: 41 13. AB #12,361 - IMPOSITION OF CRIMINAL JUSTICE ADMINISTRATION FEES. This item was considered out of order. (See page 4) 102 14. AB #12,347 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF GRAND AVENUE. This item was considered out of order. (See page 4) COUNCIL REPORTS: Council Members reported on the activities and meetings of the various Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of August 10, 1993, was adjourned at 10% p.m.. Respectfully submitted, ALETHA L. RAUTENKRANZ Clty Clerk Harriett Babbitt Minutes Clerk I