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Home My WebLink About1994-09-13; City Council; Minutes* 0 a MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 13,1994 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: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. APPROVAL OF MINUTES: None. PRESENTATION: Mayor Lewis presented a Proclamation to lzella Dickey of the Santa Margarita Chapter of the Daughters of the American Revolution proclaiming the week of September 17 - 23, 1994, as CONSTITUTION WEEK in Carlsbad. CONSENT CALENDAR: Council Member Finnila removed Item #5 from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 8, with the exception of Item #5, 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. 53 1. AB #12,854 - AWARD OF CONTRACT FOR LIBRARY ADA MODIFICATIONS - CONTRACT NO. +5 U/M 94-9. Council adopted RESOLUTION NO. 94-253, accepting bids and awarding a contract in the amount of $72,270 to Johnson Construction for the Library ADA Modifications. A2 I e 0 99 99 99 99 99 77 57 113 42 99 September 13, 6994 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 2. AB #12,855 - APPROVAL OF FINAL MAP FOR CT 90-36, UNIT 2. Council adopted RESOLUTION NO. 94-254, approving the Final Map for Carlsbad Tract 90-36, Unit 2, Aviara Planning Area 26 South. 3. AB #I 2,856 - APPROVAL OF FINAL MAP FOR CT 90-36, UNIT 1. Council adopted RESOLUTION NO. 94-255, approving the Final Map for Carlsbad Tract 90-36, Unit 1, Aviara Planning Area 26 South. 4. AB #12,857 - APPROVAL OF FINAL MAP FOR CT 90-38, UNIT 3. Council adopted RESOLUTION NO. 94-256, approving the Final Map for Carlsbad Tract 90-38, Unit 3, Aviara Planning Area 26 North. 5. AB #12,858 - APPROVAL OF FINAL MAP FOR CT 90-4, UNIT 2. This item was removed from the Consent Calendar. 6. AB #12,859 - APPROVAL OF FINAL MAP FOR CT 90-5, UNIT 1. Council adopted RESOLUTION NO. 94-258, approving the Final Map for Carlsbad Tract 90-5, Unit 1, Aviara Planning Area 7. 7. AB #12,860 - ACCEPTANCE OF COASTAL COMMISSION MODIFICATIONS TO WEST BATIQUITOS LOCAL COASTAL PROGRAM AMENDMENT - LCPA 91-2 - POlNSEITlA SHORES MASTER PLAN. Council directed the City Attorney to prepare documents accepting the Coastal Commission modifications to the approval of the West Batiquitos Local Coastal Program Amendment (LCPA 91-2) for the Poinsettia Shores Master Plan. 8. AB #12,861 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 94-259, authorizing the Administrative Services/Projects Manager to attend the 1994 Annual NATOA Conference in Reno, Nevada, on September 17 - 22, 1994. EM REMOVED FROM ME CONSENT CALENDAR: 5. AB #12,858 - APPROVAL OF FINAL MAP FOR CT 90-4, UNIT 2. City Attorney Ronald Ball requested Resolution No. 94-257 be amended to incorporate the necessary recitals and references reflecting Council’s previous adoption of Resolution No, 94-65, which approved certain documents and agreements with Centex Real Estate Corporation. &Lo 0 0 September 13, 1994 CITY COUNCIL Page 3 EM REMOVED FROM THE CONSENT CALENDAR: (Continued) ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- - 257, approving the Final Map for Carlsbad Tract 90-4, Unit 2/HDP 89-50, Tierra Santa Fe, as amended. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ORDINANCE FOR ADOPTION: 70 9. AB #12,864 - AGUA HEDIONDA LAGOON REGULATIONS. ACTION: On motion by Mayor Pro Tern Stanton, Council adopted ORDINANCE NO. NS- - 292, amending Title 11 of the Carlsbad Municipal Code by the amendment of Chapter 11.24 to revise the regulations for Agua Hedionda Lagoon. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBUC COMMENT: Ann Liddell, 3441 Don Porfirio, Rancho Carlsbad Mobile Home Park, spoke in favor of the Mobile Home Park Rent Control Ordinance, and asked the citizens to vote "yes" on Proposition F on the November ballot. PUBUC HEARINGS: 93 10. AB #12,862 - APPROVAL OF MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT 47 PLAN AND ADOPTION OF PLANNED LOCAL DRAINAGE AREA FEES. Staff requested a change in the Ordinance, page 2, lines 14 and 15, to read as follows: improving "access to commercial and industrial property" and by maintaining .......... Mayor Lewis opened the duly noticed Public Hearing at 6:34 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- - 293, adding Title 15 to the Carlsbad Municipal Code to establish drainage area fees and amending Title 20 by the amendment of Section 20.08.130 and the repeal of Chapter 20.09; as amended. adopted RESOLUTION NO. 94-260, approving the Master Drainage and Storm Water Quality Management Plan dated November 1993, and establishing a Planned Local Drainage Area Fee; and adopted RESOLUTION NO. 94-261, approving a Negative Declaration for the adoption of a Citywide Master Drainage and Storm Water Quality Management Plan. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 21 9 a 0 September 13, 1994 CITY COUNCIL Page 4 PUBLIC HEARINGS: (Continued) 43 11. AB #12.863 - APPEAL OF PLANNING COMMISSION DECISION APPROVING CUP 154(B) - PACIFIC BELL/VEHICLES UNLIMITED. Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m., and issued the invitation to speak. Tim Heine and Mark Crozier, representing the applicant, Vehicles, Unlimited, addressed Council. Mr. Heine stated they are not a towing company. The vehicles are transient vehicles and come into the yard in surges. This is not a wrecking yard, but a yard where cars that were involved in a crime of some sort are held temporarily. Mark Crozier stated that there may be 120 cars at one particular time, but they would only be there a short time. These vehicles belong to people who, 99.9 percent of the time, were arrested while driving that car and participating in a crime of some sort. Only two wrecked vehicles are allowed on the lot at one time. He emphasized that they are not a tow company, but work with the law enforcement people to hold cars for evidence. These are not abandoned vehicles. Mr. Crozier stated if the lot were to be limited to 69 vehicles, they would have to have two lots. John Jones, 3044 State Street, spoke in opposition to allowing the "junk yard" in this area. He said he felt they should not have gotten a CUP, and agreed with the 69 car limit. He stated he concurred with the Planning Commission decision. Hugh Terrell, 271 9 Llama Court, stated this is a glorified "junk yard" in an R 8t D area and should not be there. He said the large transports used to load these cars block the entire street. They need to have a flagman to direct traffic when they block the street. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:04 p.m. ACTION: By majority consensus, Council directed staff to amend Condition 19 to require additional "mature" landscaping on the east and south sides of the lot, subject to the approval of the Planning Director. ACTION: By majority consensus, Council directed staff to include a condition requiring an adequate driveway for access purposes would be provided around the perimeter of the lot at all times. ACTION: By majority consensus, Council retained Condition #22, which was appealed, requiring a six-foot high masonry wall along the western property line for 120 feet ACTION: By majority consensus, Council amended Condition #20 to allow a maximum of 125 vehicles at any one time on the site as long as an access driveway is maintained at all times around the perimeter of the cars. 0218 0 0 September 13, 1994 CITY COUNCIL Page 5 PUBLIC HEARINGS: (Continued) ACTION: By majority consensus, Council retained Condition #7 granting the CUP for 3.5 years. ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to return with the proper documents approving CUP 154 (b), as approved by Planning Commission Resolution No. 3689, with the amended conditions per Council's previous actions; and Council directed staff to pro-rate the Appeal Fee in this matter to refund one-third of the fee. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila COUNCIL REPORTS: Council Members reported on the activities and meetings of the various Committees and Subcommittees of which they are Members. ANNOUNCEMENT: Mayor Lewis announced that all Council Members had been invited to the Chamber of Commerce "State of the City" luncheon on September 14, 1994, at 11:30 a.m., at the Safety Center, 2560 Orion Way; and all Council Members had been invited to the Batiquitos Lagoon "clean-up" on September 17, 1994, at 9:00 a.m., at the Lagoon. ADJOURNMENT: By proper motion, the Regular Meeting of September 13, 1994, was adjourned at 7:28 p.m. Respectfully submitted, ALETHA llJLZ&B% L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk Cu3