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HomeMy WebLinkAbout1994-08-09; City Council; Minutes.x .a 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEHlNG: August 9,1994 llME OF MEETING: 6:OO p.m. PLACE OF MEmNG: Ci 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 Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. PRESENTATIONS: Mayor Lewis presented Certificates of Appreciation to Michael Haubert for the young people who volunteered and conducted the recent "Anti-Drug Basketball Camp" at the Carlsbad Boys and Girls Club. Michael Haubert thanked the following volunteers: Vanessa Nygaard, Chad Nelson, Ted Balaker and Gordon Torigoe. Hope Wrisley, 2080 Basswood, thanked the Council for recognizing the valuable work that is done by the Boys and Girls Club. APPROVAL OF MINUTES: None. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 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. 70 1. AB #12,817 - APPROVAL OF PLANS AND SPECIFICATIONS FOR REPLACEMENT OF WEST CARLSBAD BOULEVARD BRIDGE - PROJECT NO. 3349. Council adopted RESOLUTION NO. 94-228, approving plans and specifications and contract documents and authorizing the advertisement for construction bids for the West Carlsbad Boulevard Bridge Replacement. IW ., 0 0 August 9, 1994 Page.2 CONSENT CALENDAR: (Continued) 81 2. AB #12,818 - GRANT OF EASEMENTTO SDG&E FOR RELOCATION OF EXISTING OVERHEAD - LINE. Council adopted RESOLUTlON NO. 94-229, granting an easement and right-of-way to San Diego Gas and Electric on property (APN 21 5-020-1 5) located west of El Camino Real between Camino Vida Roble and Alga Road, for the purpose of relocating an existing overhead electric line. 74 3. AB #12,819 - REVISION OF CLASSIFICATION AND SALARY PLAN AND RECLASSIFICATION OF TWO POSITIONS IN COMMUNITY SERVICES DEPARTMENT. Council adopted RESOLUTION NO. 94-230, revising the classification and salary plan, reclassifying two positions in Community Services, and amending the General Employees’ Salary Schedule. ORDINANCES FOR ADOPTION: 114 4. AB #12,825 - REVISION OF R-W ZONE PARKING REQUIREMENTS - ZCA 93-8. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- Code by the amendment of Sections 21.44.020(a)(2), 21.44.05O(a)(l) and 21.45.090(c) to revise parking requirements for residential planned unit developments in the R-W Zone. - 288, amending Title 21, Chapters 21.44 and 21.45 of the Carlsbad Municipal AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 67 5. AB #12,824 - ESTABLISHMENT OF PROCEDURES FOR ACCEPTANCE OF STREETS AND ROADS INTO THE CITY STREET SYSTEM. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NS-289, amending Title 20 of the Carlsbad Municipal Code by the addition of Chapter 20.52 Acceptance of City Streets and Roads. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBUC COMMENT: Evelyn McCain, 6550-1 1 Ponto Drive, stated that the rent control ordinance will apply only to mobile home parks and administrative costs will be paid by a reserve fund supplied by the home owners. They are now raising funds on a voluntary basis to help defray any legal costs incurred by the City. She asked the citizens to support the mobile home park rent control ordinance. Inez Yoder, 7738 Madrilena, read a letter from Ben Smith, dated August 6, 1994, a copy of which is on file in the City Clerk’s Office, stating that the General Plan update will adversely impact the Green Valley initiative. 173 I. a 0 august 9, 4994 Page 3 PUBUC COMMENT: (Continued) Robert Payne, P. 0. Box 3073, spoke on the Green Valley initiative, reciting a history of actions taken by Council and the citizens opposed to the Green Valley project. He stated that a zone code amendment approved by the Planning Commission, and being forwarded to Council, would allow the developer of that project to withdraw the project and file later for an irrevocable contract. Mike Holzmiller, Planning Director, in reply to Council query, stated staff is working on a zone code amendment that has to do with development agreements, but it has nothing to do with the Green Valley project. PUBUC HEARINGS: 99 6. AB #12,830 - APPEAL OF PLANNING COMMISSION APPROVAL OF THE POINSETTIA SHORES MASTER TENTATIVE TRACT MAP AND HILLSIDE DEVELOPMENT PERMIT - CT 94-1/HDP 94-3. The Assistant City Engineer gave the staff report, explaining the seven alternate alignments that were evaluated for the drainage system and the reasons the proposed westerly alignment was selected. Mayor Lewis opened the duly noticed Public Hearing at 6:42 p.m., and issued the invitation to speak. Lou Taschner, 1533-D South Hill Street, Oceanside, representing Dale Schreiber, read a letter dated August 3, 1994, a copy of which is on file in the City Clerk’s Office, requesting Council approve the easterly drainage alignment rather than the westerly alignment proposed by staff. Dolores Welty, 2076 Sheridan Road, Leucadia, representing the Friends of the Lagoon, supported Mr. Taschner and Mr. Schreiber in their request. Doug Avis, Project Director, Kaiza Poinsettia Shores Project, stated they would like to coordinate this project with the Batiquitos Lagoon Enhancement Project; therefore, timing is essential. He requested Council deny the appeal and approve the project. Since no one else wished to speak on this matter, the Public Hearing was closed at 6:55 p.m. 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 CT 94-1/HDP 94-3. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 57 7. AB #12,821 - GENERAL PLAN UPDATE - EIR 93-1/GPA 94-1. Mike Holzmiller, Planning Director, began the staff report by explaining the reasons for the General Plan Update. He also summarized the process used for the update. Dee Landers, Senior Planner, continued with the staff report by detailing the process used during the public review portion of the program, and explained some of the general changes made to the Plan. I%!- .. 0 0 August 9, 1994 Page 4 PUBUC HEARINGS: (Continued) Mr. Holzmiller then referenced a memorandum dated August 9, 1994, which explains corrections staff made to the Mitigation Monitoring Checklist. RECESS: Mayor Lewis declared a recess at 750 p.m., and Council re-convened at 8:03 p.m., with all five Members present. PUBUC HEARINGS: (Continued) John Bridges, Consultant with Cotton/Beland/Associates, Inc., and Rob Greene, Senior Project Scientist, Woodward-Clyde Consultants, explained the purpose of a Master EIR and confirmed that a master EIR does not preclude the opportunity for public input. Council Member Nygaard stated she would like to have something written in the Plan stating all Amendments would also be reviewed for compliance with the Vision Statement contained in the Plan. Mayor Lewis opened the duly noticed Public Hearing at 8:20 p.m., and issued the invitation to speak. Dolores Welty, 2076 Sheridan Road, Leucadia, representing Project Future, read a letter, a copy of which is on file in the City Clerk's Office, expressing concerns about the proposed update. Mark Chomyn, San Diego Gas & Electric, 101 Ash Street, San Diego, expressed concern with Policy Item C.11, which suggested the elimination of "powerline" easements from consideration as meeting the 15 percent Growth Management open space performance standard. He felt Policy C.11 should be re-written or dropped, so powerline easements could be considered to meet the 15 percent Growth Management Plan. Mr. Chomyn also stated that SDG&E has had correspondence with the State Lands Commission in which they say that the Agua Hedionda Lagoon is located under the Agua Hedionda Land Grant and is precluded from public holding by the State. Therefore, he requested that staff look at the issue and make the appropriate modification to the EIR. In response, the City Attorney stated that the City, in the EIR, is not adjudicating ownership of the Lagoon and the issue is a private matter between SDG&E and the State. Pat Knox, 2002 Pintoresco Court, stated she had concerns about noise, traffic and air quality. She stated that she thought the Growth Management Plan was supposed to preclude the occurring of any "hot spots" as mentioned in the General Plan, and wanted to know how confined those areas would be, including the intersections that will fail the Growth Management requirements. Ms. Knox stated that the traffic circulation and noise issues need to be addressed more fully. Bob Ladwig, Ladwig Design Group, Inc., 1947 Camino Vida Roble, Suite 108, read his letter dated August 9, 1994, a copy of which is on file in the City Clerk's Office. He asked for language to be inserted allowing Melrose Avenue to be reclassified as a major arterial. 191 .. a 0 August 9, 1994 Page 5 PUBUC HEARINGS: (Continued) Ofelia Escobedo, 161 1 James Drive, President, Barrio Carlsbad Association, stated they support the General Plan update, and requested staff to complete the Barrio Plan to be presented for final adoption and incorporation into the General Plan. Mike Howes, Hofman Planning Associates, 2386 Faraday, stated that it is difficult to reduce the noise level to 60 CNEL in developments by prime arterials, freeways and the railroad. He requested that the staff be given the flexibility to allow developers to exceed the 60 CNEL, if a project cannot meet the standard without undue hardships. Lucia Sipple, 1287 Vera Cruz, Oceanside, stated that she hoped staff would consider the people impacted by the changes in the General Plan. She stated that she is an owner of 246 acres that is under the Mello-Roos, and there is no consideration given to property owners who might not be able to pay the taxes. Ms. Sipple asked for something to be done to give relief from the tremendous tax bill they owe. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:47 p.m. Clarifications and Responses to Questions Mike Holzmiller stated that powerline easements have never been counted toward the 15 percent open space requirement. The 15 percent open space is in addition to things already constrained, and this was addressed by the Open Space Citizens Committee. If all requirements have already been met, and if this is an enhancement, such as a trail system or a buffer, then it can be counted. In reply to query, Mr. Holzmiller stated that railroad rights-of-way are the same as future roadways--and not open space. Council Member Finnila stated if the City continues to grow, it will be necessary to look at a comprehensive noise ordinance where enforcement can be phased in gradually. With respect to the intersection "hot spots", Mike Holzmiller stated that the EIR looks at a worst case situation. The City's ordinance says we can't have a failure at an intersection, and that will still be the situation. Assistant City Engineer David Hauser, in response to query, stated that through the master planning process for Carrillo Ranch, design standards for Melrose were reduced to those of a major arterial rather than a prime. However, it was still designated as a prime arterial and the width and improvements met the requirements of the prime designation. Mike Holzmiller stated that an annual report will be brought to the City Council which will provide an opportunity for the public to say what needs to be looked at with regard to the implementation of the General Plan. When land is changed to the Limited Control Zone, it is removed from the Mello-Roos and the tax burden stops at that time. Terri Woods, Planning Department, stated that the General Plan provides flexibility with regard to the 60 CNEL noise level, in that there are three findings required which would allow a project to exceed that level. IW .. rl) 0 August 9, 1994 Page 6 PUBLIC HEARINGS: (Continued) Mike Holzmiller stated staffs concurrence with a suggestion in the letter from Project Future to include language that says "If a Regional HCP/NCCP is approved, the General Plan shall be amended to be consistent". ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to prepare documents certifying the Master Environmental Impact Report (MEIR 93-1). AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Mayor Lewis stated that the remaining issues in the General Plan Amendment will be continued one week. 57 8. AB #12,822 - SEAPOINTE RESORT - GPA 93-4/LCPA 93-4/ZC 93-5. 77 113 This item was continued one week. DEPARTMENTAL AND CrrY MANAGER REPORTS: 67 9. AB #12,823 - PROHIBITION OF HANDBILL PLACEMENT ON AUTOMOBILES IN PARKING LOTS. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- 290, amending Title 8, Chapter 8.28 of the Carlsbad Municipal Code to prohibit the placement of handbills upon vehicles. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila COUNCIL REPORTS: Council Reports were continued. ADJOURNMENT: By proper motion, the Regular Meeting of August 9, 1994, was adjourned at 9:35 p.m. Respectfully submitted, ALETHA QtktdLR- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 189