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Home My WebLink About1994-06-21; City Council; Minutes (2)1 0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING. June 21,1994 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:05 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. INVOCATION was given by Paster Dwayne Edwards of the Church of Nazarene. PLEDGE OF ALLEGIANCE was led by Council Member Finnila. PRESENTATION: Mayor Lewis presented Certificates and Ci pins to the following students: Carlsbad High School Valedictorian - Kristine Surla Carlsbad High School Salutatorian - Stephen Fait Army Navy Academy Valedictorian - Krishna Singh ANNOUNCEMENTS: Mayor Lewis announced that all Council Members have been invited to and will participate in the following events: Thursday, June 23, 1994, 4:OO p.m., Batiquitos Lagoon Enhancement Project Community Open House at the Public Safety Center. Thursday, June 23,1994,5:30 p.m., Carlsbad Children’s Museum Grand Opening, at 300 Carlsbad Village Drive, #102. Friday, June 24, 1994, 1O:OO a.m., Mercado Apartments Housing Project Grand Opening, in San Diego. Friday, June 24, 1994, 6:OO p.m., Jazz Concert, Stagecoach Park. Saturday, June 25, 1994, 1200 noon, City of Carlsbad Employee Picnic at Calavera Commun*Q Park. 159 0 0 June 21, 1994 Page 2 APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Special Meeting held June 7, 1994. Minutes of the Regular Meeting held June 7, 1994. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CONSENT CALENDAR: Mayor Lewis requested Item #1 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the action of the Consent Calendar, Items #2 and #3, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 77 1. AB #12,722 - ANNEXATION NO. 2 TO COMMUNITY FACILITIES DISTRICT NO. 1 - CT 934 CP 39 93-2 - POINSETTIA HILL. This item was removed from the Consent Calendar. LO5 2. AB #12,740 - APPROVAL OF 1993-94 SUBRECIPIENT AGREEMENT FOR COMMUNITY 15 DEVELOPMENT BLOCK GRANT FUNDS. Council adopted RESOLUTION NO. 94-1 62, approving the 1993-94 Subrecipient Agreement with the Carlsbad Unified School District for Federal Community Development Block Grant (CDBG) Funds. 74 3. AB #12,741 - APPROVAL OF MANAGEMENT CLASSIFICATIONS IN COMMUNITY SERVICES DEPARTMENT. Council adopted RESOLUTION NO. 94-163, approving the job descriptions and titles for Community Services Director, Administrative Services/Projects Manager and Administrative Coordinator-Special Districts, approving their inclusion in the Management Salary Schedule, and approving the assumption of the new titles by the incumbents whose classifications have been revised. 158 0 0 June 21 , 1994 Page 3 ITEM REMOVED FROM THE CONSENT CALENDAR: 77 1. AB #12,722 - ANNEXATION NO. 2 TO COMMUNITY FACILITIES DISTRICT NO. 1 - CT 933/CP 99 93-2 - POINSETTIA HILL. Jack Henthorn, 5431 Avenida Encina, Ste. 6, representing Poinsettia Hill, Ltd., stated the applicant does not oppose the annexation, but has a concern regarding the timing and imposition of the vacant land tax. He stated that the language regarding timing in the CFD documents is vague, and requested that the tax be imposed in accordance with normal tax calendars. In response to Council inquiry, Finance Director Lisa Hildebrand responded that any appeals regarding taxes due should be made to the Appeals Board, which includes the Community Development Director, the Finance Management Director and the Finance Director. Council requested the matter be continued and the tax issues resolved, and Mr. Henthorn agreed to a continuance of the matter on behalf of the applicant. ACTION: By consensus, the item was continued. ORDINANCE FOR ADOPTION: 114 4. AB #12,745 - ZCA 92-4 - SECOND DWELLING UNITS - ‘GRANNY FLATS. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- - 283, amending Title 21 of the Carlsbad Municipal Code by amending various chapters and sections to: (1) add a definition for second dwelling unit, (2) allow the development of second dwelling units through Administrative Permit in the R- A, R-E, R-1, R-2, R3, R-PI R-T, R-W and RD-M zones and areas designated by a Master Plan for single-family detached dwellings in the P-C zones of the City, and (3) amend the requirements for the creation of second dwelling units in the R-A, R-E, R-1 , R-2, R3, R-PI R-TI R-W and RD-M zones and areas designated by a Master Plan for single-family detached dwellings in the P-C zones of the City. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT: Leslie Tanner, 6550 - 30 Ponto Drive, thanked Council and staff for the time and effort in passing the mobile home rent control ordinance, stating this will provide future security in helping the home owners keep their homes. She emphasized that this ordinance relates only to mobile home parks and does not in any way affect any other rented units in the City. Charles Gensler, 51 06 Don Mata Drive, Rancho Carlsbad Mobile Home Park, expressed concern with the tactics of the park owners who have hired professional petitioners to get signatures for a referendum with regard to the mobile home park rent control ordinance. Mr. Gensler also complained that he had been unable to obtain election information from the City Clerk’s Office while the Clerk has been on vacation. 157 a 0 June 21, 1994 Page 4 PUBLIC HEARINGS: 4 5. AB #12,742 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Mayor Lewis announced that this is the time and place fixed for the first of two public hearings relating to the levy of the annual assessments for costs of maintenance of improvements for Street Lighting and Landscaping District No. 1. The Assistant City Clerk announced that notice has been given in the manner and form as required by law, and a Certificate of Compliance is on file and open for public inspection. Mayor Lewis opened the duly noticed Public Hearing at 6:44 p.m., and invited anyone in opposition to speak first, and then anyone in favor of the proceedings. Since no one wished to speak on this matter, the Public Hearing was closed. Mayor Lewis reconfirmed that the second Public Hearing would be held on July 19, 1994. -14 6. AB #12,743 - TIME SHARE ZONE CODE AMENDMENT - ZCA 93-7. Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m., and issued the invitation to speak. Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, referenced the memorandum dated June 21, 1994, from Hofman Planning Associates, copy of which is on file in the City Clerk's Office, requesting a change in Section 21.42.01 0(1 O)(A) (i) of the proposed Code Amendment to read as follows: 'All projects in residential zones shall be subject to the development standards and design criieria of Chapter 21.45 of this code, while all projects In non-residential zones shall be subject to the development and design criteria of the underlying zone, except that:' Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:52 p.m. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 94- Title 21 of the Carlsbad Municipal Code, to discriminate between residential dwelling units and commercial living units and an amendment to the Conditional Uses Section to allow time share projects in specific commercial zones: and introduced ORDINANCE NO. NS-284, amending Title 21 of the Carlsbad Municipal Code by amending Chapter 21.04 (Definitions) by adding Subsection 21.04.093 to define commercial living unit, amending Subsection 21.04.1 15 (Dwelling) to exclude commercial living units, and by amending Section 21.42 (Conditional Uses) by amending Subsection 21.42.01 O(10) to conditionally allow time-share projects in C-T and C-2 zones; as amended by the wording included in the memorandum dated June 21 , 1994, from Hofman Planning Associates, to revise Section 21.42.01 O(10) (A) (i). - 164, approving a Negative Declaration for a Zone Code Amendment to amend AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 156 0 0 June 21 , 1994 Page 5 PUBLIC HEARINGS: (Continued) !9 7. AB #12,744 - 1994-95 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS AND 70 ADOPTION OF REVISED FEES. Mayor Lewis opened the duly noticed Public Hearing at 8:28 p.m., and issued the invitation to speak. Hope Wrisley, 2080 Basswood, Chairman of the Advisory Board, ConVis, requested that Council not cut the budget for ConVis, as they perform a valuable service in advertising Carlsbad as a tourist attraction, which creates revenue for the City. Steve Link, Manager, Carlsbad ConVis, stated the City and ConVis are partners in generating tourist dollars for the City. He asked Council to not cut the budget for ConVis because cuts would affect their ability to advertise and would prevent the implementation of any new programs. Alan Kindle, 2622 El Aguila Lane, Friends of Carrillo Ranch, expressed concern that the funding for a Master Plan for Carrillo Ranch which was to begin in 1994-95, has been recommended to be delayed another year, which could make obtaining additional grant funds more difficult. He requested the funding for the preparation of the Master Plan be left in the 1994-95 and 1995-96 CIP budgets. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:40 p.m. Council reviewed the 1994-95 Issue and Information Statements, as follows: Police Department Enhancements ACTION: By consensus, Mayor Pro Tem Stanton, Council Members Kulchin, Nygaard and Finnila agreed to delay action on the Police Department Enhancements listed in the Issue Statement (Police Services Aide, Additional Temporary Help for Property and Evidence, and Juvenile Services Enhancements)until the State budget is determined, and requested that the enhancements will be given first priority at that time. Mayor Lewis disagreed, stating he felt the enhancements should be approved at this time. Recreation Proqrams/SDecial Events ACTION: By consensus, Council agreed that the Recreation Programs/Special Events listed in the Issue Statement (Easter Egg Hunts, Tennis Camp, Coastal Clean-up, Halloween Carnival and Track and Field Meet) should be retained. Staff is to recommend a plan for the funding, and to consider the suggestion by Council Member Nygaard to add 25 cents to every program offered by the Parks and Recreation Department to fund these events.. 155 e 0 June 21 , 1994 Page 6 PUBLIC HEARINGS: (Continued) Elimination of the Agua Hedionda Laaoon Patrol Pronram ACTION: On motion by Mayor Lewis, Council accepted Alternative #1 contained in the lssue Statement regarding the Elimination of the Agua Hedionda Lagoon Patrol Program, as follows: “Terminate lease agreement with SDG&E and eliminate funding for the lagoon patrol program effective January 1 , 1995. This alternative would allow a six-month notice of termination to affected parties, including permit holders. Estimated net savings (including lost revenues) equal $8,550 for the six-month period; $19,000 on an annual basis thereafter.’ AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Carrillo Ranch Master Plan Funding ACTION: On motion by Council Member Kulchin, Council determined that funding, in the amount of $125,000, for the Carrillo Ranch Master Plan should be included in both the 1994-95 and 1995-96 CIP Budgets. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ConVis Funding ACTION: On motion by Mayor Lewis, Council set the 1994-95 funding for the Carlsbad Convention and Visitors Bureau at the current amount of $205,000. AYES: Lewis, Stanton, Kulchin and Finnila NOES: Nygaard Council approved the 1994-95 Operating and Capital Improvement Program, as follows: ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- the fiscal year 1994-95 for the City of Carlsbad and establishing the controls on changes in appropriations for the various funds; amended to increase the Library State Grant budget by $1 8,000, and to incorporate previous actions on the Issue Statements. -1 165 adopting the final Operating Budget and Capital Improvement Program for AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- 166, establishing the 1994-95 appropriation limit as required by Article XlllB of the California State Constitution and State Law; and adopted RESOLUTION NO. 94-1 67, establishing the fees for City services. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila l5-4 * 0 June 21, 1994 Page 7 RECESS: Mayor Lewis declared a recess at 9:14 p.m., and Council re-convened at 9:25 p.m., with four Members present and Mayor Lewis absent due to illness. Mayor Pro Tem Stanton assumed the Chair for the remainder of the Meeting. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 9:25 p.m., and re-convened at 9:29 p.m., with four Members present and Mayor Lewis absent. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 9:29 p.m., and re-convened at 9:31 p.m., with four Members present and Mayor Lewis absent. DEPARTMENTAL AND CITY MANAGER REPORTS: ’4 8. AB #12,746 - DRAFT FIELDSTONE/RANCHO SANTA FE ROAD HABITAT CONSERVATION PIAN AND IMPLEMENTATION AGREEMENT. Doug Avis, 6670 El Camino Real, Fieldstone Company, spoke in favor of The Habitat Conservation Plan, stating that sixty-six species had been studied and included in the plan, including some species that are not listed. He requested that Council authorize submission of the HCP to the U. S. Fish and Wildlife Service and California Department of Fish and Game. Mr. Avis also requested that staff be authorized to work out terms of the Implementation Agreement with the Fieldstone Company. Council noted receipt of a letter from the Endangered Habitats League dated June 2,1994, asking that the Habitat Conservation Plan not be approved at this time, copy of which is on file in the City Clerk’s Office. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- - 168, authorizing submission of the Fieldstone/Rancho Santa Fe Road Habfiat Conservation Plan; and Accepted the draft Implementation Agreement in concept and authorized staff to negotiate terms of the agreement with the Fieldstone Company. AYES: Stanton, Kulchin, Nygaard and Finnila COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. I 53 e 0 June 21 , 1994 ADJOURNMENT: Page 8 By proper motion, the Regular Meeting of June 21, 1994, was adjourned at 957 p.m. Respectfully submitted, && Assistant City Clerk Harriett Babbitt Minutes Clerk /32