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Home My WebLink About1994-08-16; City Council; Minutes0 0 MINUTES ME€llNG OF: CrrY COUNCIL (Regular Meeting) DATE OF MEETING: August 16,1994 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:19 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tern Stanton and Mayor Lewis. Absent: None. INVOCATlON was given by Lay-Pastor Ed Dunn of the Daybreak Community Church. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Stanton. PRESENTATION: Mayor Lewis introduced Dr. Lange, Library Director, who presented a Certificate of Appreciation to Helen Crosby, President of the Friends of the Library, for a donation of $37,586 to the Library to be used in support of the children's programs and purchase of equipment and library materials. APPROVAL OF MINUTES: On motion by Mayor Pro Tern Stanton, the Minutes of the Regular Meeting held August 2, 1994, were approved as presented: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CONSENT CALENDAR: Mayor Pro Tem Stanton requested Item #7 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the action of the Consent Calendar, Items #1 through #9, with the exception of Item #7, 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. 202- e 0 81 99 106 97 45 70 32 45 70 45 68 77 113 74 August 16, 1994 Page 2 CONSENT CALENDAR: (Continued) 1. AB #12,826 - ACCEPTANCE OF GIFT FROM FRIENDS OF THE LIBRARY. Council adopted RESOLUTION NO. 94-231, accepting a $37,586 donation from the Friends of the Library to be used in support of children’s programs and for the purchase of equipment and library materials. 2. AB #12,827 - PAYMENT FOR MEDIAN IMPROVEMENTS - CT 74-21 - CARLSBAD AIRPORT BUSINESS CENTER. Council accepted the payment of $21 4,374 from Kemper Community Development Company as payment for the construction of parkway and median improvements to Palomar Airport Road. 3. AB #12,828 - SElTlNG A PUBLIC HEARING FOR UNDERGROUND UTILITY DISTRICT NO. 15. Council adopted RESOLUTION NO. 94-233, setting a public hearing on September 6, 1994, to consider forming an Underground Utility District on portions of Garfield Street and Olive Street. 4. AB #12,829 - AWARD OF CONTRACT FOR 1993-94 PAVEMENT OVERLAY PROGRAM - CONTRACT NO. U/M 94-3. Council adopted RESOLUTION NO. 94-234, accepting bids and awarding a contract to Daley Corporation of San Diego, California, for the 1993-94 Pavement Overlay Program. 5. AB #12,830 - CARLSBAD STATE BEACH PARKING FEES AGREEMENT. Council adopted RESOLUTION NO. 94-235, approving an agreement with the California State Department of Parks and Recreation and authorizing the expenditure of funds to maintain free parking at the Carlsbad State Beach during Fiscal Year 1994-95. 6. AB #12,831 - AWARD OF CONTRACT FOR HOLIDAY HOUSE RESTORATION. Council adopted RESOLUTION NO. 94-236, accepting bids and awarding a contract to Macord Construction Corporation for the Holiday House fire restoration, Contract No. U/M 94-8. 7. AB #12,832 - CARLSBAD CONVENTION AND VISITOR’S BUREAU THIRD QUARTER REPORT. This item was removed from the Consent Calendar. 8. AB #12,833 - COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 94/95-2, LATERRAZA. SDP 93 Council adopted RESOLUTION NO. 94-237, authorizing consent and election to annex to an existing Community Facilities District and approving the boundary map; and adopted RESOLUTION NO. 94-238, certifying and adding the La Terraza property to an existing Community Facilities District. 9. AB #12,834 - ESTABLISHING AND REVISING CERTAIN FIRE DEPARTMENT CLASSIFICATIONS. Council adopted RESOLUTION NO. 94-239, amending the management classification and salary plan and reclassifying two Fire Battalion Chiefs to Fire Division Chief. Zol 0 0 August 16, 1994 Page 3 EM REMOVED FROM THE CONSENT CALENDAR: 68 7. AB #12,832 - CARLSBAD CONVENTION AND VISITOR'S BUREAU THIRD QUARTER REPORT. Steve Link, ConVis Manager, reported on recent activities. ACTION: On motion by Mayor ProTem Stanton, Council accepted and file the third quarter ConVis report. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ORDINANCE FOR ADOPTION: 67 10. AB #12,835 - PROHIBITING THE PLACEMENT OF HANDBILLS ON AUTOMOBILES IN PARKING LOTS. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted 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 PUBLIC COMMENT: Richard Yoder, 7738 Madrilena Way, spoke on behalf of the Green Valley Conservancy, one of the parties sponsoring the Green Valley Initiative, and commended Council and the Planning staff for setting up meetings to discuss the project. Howard Volgenau, 3569 Don Carlos Drive, Rancho Carlsbad Mobile Home Park, stated the mobile home residents were only asking for a fair adjustment of rent to preserve the resale value of their homes. When Council passed the rent control ordinance, they did so with reluctance. Now the park owners and Wells Fargo Bank are trying to upset the ordinance. Mr. Volgenau stated Council should write a letter requesting the Trustee appointed for Rancho Carlsbad Mobile Home Park be replaced with a Trustee who would help to prepare a feasible plan for the sale of the park to the residents. PUBLIC HEARINGS: 57 11. AB #12,821 - GENERAL PIAN UPDATE - EIR 93-1/GPA 94-1 (CONTINUED FROM 8/9/94). Mayor Lewis announced that public testimony was received and the Public Hearing was closed at the meeting of August 9, 1994. The item had then been continued to this meeting for Council discussion and action. Land Use Element: In response to Council query, staff stated the Implementing Policy '2.12, which requires the periodic review of commercial sites, applies to all commercial sites--existing and future proposals. ACTION: By consensus, Council directed staff to grandfather existing commercial sites by the amendment of Policy (2.12, on page 33 of the Land Use Element, to delete the word "existing". 200 e 0 August 16, 1994 Page 4 PUBLIC HEARINGS: (Continued) Mayor Lewis inquired whether the prohibition of commercial development along scenic corridors was addressed in the Plan. In response, staff explained that there was a Scenic Corridor Study completed previously, and it is incorporated in the Circulation Element, but it is not addressed in the Land Use Element. ACTION: By consensus, Council directed staff to include language in the Land Use Element that would "prohibit strip commercial development along major thoroughfares, particularly scenic corridors such as El Camino Real". Council Member Nygaard referred to Transportation Corridor Objective B.2 on page 37 of the Land Use Element, and requested inclusion of the word "trails". ACTION: On motion by Council Member Nygaard, Council directed staff to add the word "trails" to Transportation Corridor Objective 8.2 on page 37 of the Land Use Element. AYES: Lewis, Stanton, Kulchin and Nygaard NOES: Finnila Circulation Element: Mayor Lewis requested an explanation from staff regarding Melrose Avenue. The Assistant City Engineer explained that the street will be built to prime arterial standards; however, there was a waiver to allow less grading. The street maintains the prime arterial designation. Noise Element: Council Member Finnila stated she would like staff to look into a nuisance noise program that could be implemented in the future. ACTION: By majority consensus, Council directed staff to add language to the Noise Element which would direct staff to return at a later date for consideration of a noise study, with the possibility of implementing a nuisance noise program at some time in the future. Housing Element: Council Member Finnila referenced the wording in the Housing Element which addresses encouraging the use of factory-built housing/manufactured housing. She expressed the opinion that the City does not encourage the building of such housing types; therefore, the wording should be deleted. ACTION: By majority consensus, Council determined to retain the wording and make no changes to the Housing Element. Open Space and Conservation Element: Council Members questioned whether wording would be added requiring conformance with a regional Habitat Management Plan. \qq e 0 August 16, 1994 Page 5 PUBUC HEARINGS: (Continued) ACTION: By consensus, Council directed staff to add language to the Open Space and Conservation Element stating that the City shall incorporate into the General Plan any requirements of a city, sub-regional or regional multi-species habitat plan if, and when, such a plan is adopted. Public Safety Element: Council Member Finnila referenced the fact that a crew would be coming from Long Beach if there were an oil spill off our coast, and questioned whether the response would be fast enough. Staff explained that SDG&E has the responsibility for any oil spills in the ocean and the City deals with the land portions. Parks and Recreation Element: No changes were made. Arts Element: No changes were made. Additional Modifications: ACTION: In response to Council request from the previous meeting, staff suggested, and Council concurred with the addition of the following language in the Land Use Element in the Overall Land Use Pattern Section: "The City shall review all future proposed amendments to the General Plan to ensure that they are harmonious with and consistent with the intent of the Vision Statement, as well as the Goals of each Element of the General Plan." ACTION: Council, by consensus, approved the modifications made by staff to the Mitigation Monitoring Checklist, as detailed in the memorandum dated August 9, 1994, from the Planning Department to the Council. ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to prepare documents approving General Plan Amendment (GPA 94-l), as modified by their previous actions, to comprehensively update the General Plan. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila RECESS: Mayor Lewis declared a recess at 759 p.m., and Council re-convened at 8:12 p.m., with all Members present. 198 e 0 August 16, 1994 Page 6 PUBUC HEARINGS: (Continued) 57 12. AB #12,822 - SEAPOINTE RESORT - GPA 93-4/LCPA 93-4/ZC 93-5 (CONTINUED FROM 8/9/94). 77 113 Mayor Lewis opened the duly noticed Public Hearing at 8:20 p.m., and issued the invitation to speak. Mike Howes, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, distributed copies of two letters presented at the Planning Commission meeting in support of this project, copies of which are on file in the City Clerk’s Office, and requested approval. Tim Stripe, Continental Commercial Corporation, 5050 Avenida Encinas, answered queries of Council with regard to amenities to be included in the Seapointe Resort. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:25 p.m. ACTION: On motion by Council Member Kulchin, Council directed the City Attorney to prepare documents approving the Negative Declaration, GPA 93-4, ZC 93-5 and LCPA 93-4. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 8:26 p.m., and re-convened at 8:28 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 55 13. AB #12.836 - CONSIDERATION OF SOLID WASTE DISPOSAL CONTRACT. ACTION: On motion by Council Member Nygaard, Council approved in concept the draft agreement for solid waste disposal between the North County Solid Waste Management Agency and Coast Waste Management, Inc.. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 31 14. AB #12,837 -AMENDMENTS TO MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS AND HOLISTIC HEALTH PRACTITIONERS. In response to Council query concerning Section 5.1 6.21 0 of the proposed ordinance, staff stated that applicants were not tested for AIDS, and there could be a problem with specifically identifying AIDS as a communicable disease in the ordinance. ACTION: Council, by consensus, requested a report regarding the possibility of specifying AIDS as a communicable disease which would then be included in the medical testing. \w e e t August 16, 1994 Page 7 DEPARTMENTAL AND C17y MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- 240, establishing license application investigation and massage establishment fees; and introduced ORDINANCE NO. NS-291, amending various sections of Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code regarding massage establishments, massage technicians and holistic health practitioners. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 99 15. AB #12,838 - DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVALS FOR CT 94-1/HDP 94-3, POINSETTIA SHORES. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- approval of a Mitigated Negative Declaration for a Master Tentative Map and Hillside Development Permit to (1) subdivide land into Master Plan planning areas, (2) mass grade this site to allow development of the planning areas, and (3) construct the Avenida Encinas roadway and other required infrastructure consistent with the Poinsettia Shores Master Plan on property generally located on the southwest quadrant of the City, east of Carlsbad Boulevard, west of the 1-5 freeway and north of the Batiquitos Lagoon in Local Facilities Management Zone 9. - 241, denying applicant’s appeal and upholding the Planning Commission’s AYES: Lewis, 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. ADJOURNMENT: By proper motion, the Regular Meeting of August 16, 1994, was adjourned at 8:49 p.m. Respectfully submitted, ALETHA wf* L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 19b