HomeMy WebLinkAbout1995-10-10; City Council; Minutes0 0
MINUTES
MEETING OF CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 10,1995
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:Ol p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tern Nygaard and Mayor Lewis.
Absent: None.
APPROVAL OF MINUTES:
None.
PRESENTATIONS:
Mayor Lewis presented a Proclamation for WHITE CANE SAFETY DAY, October 15, 1995, to Lisa Marie
Martinez, representing the North County Chapter of the National Federation for the Blind of California.
Mayor Lewis presented a Proclamation for DOMESTIC VIOLENCE AWARENESS MONTH TO Marva
Bledsoe, Executive Director of the Women’s Resource Center.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have been invited to attend and participate in the
following events:
The opening and dedication of the Hubbs-Sea World Research Institute Marine Fish Hatchery, at the
Agua Hedionda Lagoon, Friday, October 13, 1995, at 10:30 a.m.
The Historical Society’s Annual Dinner at the Carlsbad Senior Center, Saturday, October 14, 1995, at
6:OO p.m.
CONSENT CALENDAR:
Mayor Lewis removed Item #2 from the Consent Calendar, and Council Member Hall stated he
would abstain on Item #4.
ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously
affirmed the action of the Consent Calendar, Items #1 through
#6, with the exception of Item #2, as follows:
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CONSENT CALENDAR: (Continued)
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #13,341 - APPROVAL OF AGREEMENT WITH SDG&E FOR RELOCATION OF THE HIGH
PRESSURE GAS MAIN ON OLIVENHAIN ROAD - PROJECT NO. 3466.
Council adopted RESOLUTION NO. 95-290, approving an agreement with San Diego Gas &
Electric for the relocation of the 30” high pressure gas main prior to the widening of Olivenhain
Road.
2. AB #13,342 - ACCEPTANCE OF DONATIONS.
This item was removed from the Consent Calendar.
3. AB #13,343 - SUPPORT FOR SAN DIEGO CHILDREN’S INITIATIVE.
Council adopted RESOLUTION NO. 95-292, supporting the San Diego Children’s Initiative, which
is a comprehensive, county-wide response to the need to improve conditions for children and
families in the region.
4. AB #13,344 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 94-2 - PACIFIC POINTE.
Council adopted RESOLUTION NO. 95-293, approving the final map for Carlsbad Tract 94-2.
ABSTAIN: Council Member Hall
5. AB #13,345 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s Report on the status of City investments as of August 31,
1995.
6. AB #13,346 - APPROVAL OF AGREEMENT FOR PURCHASE OF OFFICE SYSTEM FURNITURE.
Council adopted RESOLUTION NO. 95-294, approving an agreement for the purchase of office
systems furniture with B-K Cox, Inc., dba Office Pavilion.
ITEM REMOVED FROM THE CONSENT CALENDAR:
2. AB #13,342 - ACCEPTANCE OF DONATIONS.
ACTION: On Motion by Mayor Lewis, Council adopted RESOLUTION NO. 95-291,
accepting donations of products and services totalling $34,775 in support of the
1995 Carlsbad Triathlon and Luau Festival.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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ORDINANCE FOR ADOPTION:
113 7. AB #13,347 - AVIARA FOUR SEASONS RESORT MASTER PIAN AMENDMENT - MP 177(O).
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS-
319, adopting the Aviara Master Plan Amendment relative to the Four Seasons
Aviara Resort on property generally located in the Southwest Quadrant of the City
in Local Facilities Management Plan Zone 19.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
PUBLIC COMMENT:
Jane Beaver, 6677A Paseo Del Norte, addressed Council stating her concerns about the proposed
shopping center in the Carlsbad Ranch Project. She stated this would be an example of over-development
with all the planned facilities plus the parking to accommodate them.
Jeri Mann, 2701 Ocean Street, addressed Council about the increasing problem of graffiti on the properties
in that area. She stated she would like to make a presentation to the Council on a future; agenda with the
hope that a graffiti ordinance will be forthcoming. She also requested installing time lock gates at the
public accesses on Ocean Street to help control the crime on the beaches.
City Manager Ray Patchett stated any individual could have an item placed on an agenda by merely writing
a letter to the City Manager.
Dave Bradstreet, Community Services Director, reported on the history of the Coastal Commission’s denial
of the City’s requests for permission to install time-lock gates on beach accesses. He suggested referring
the item to the Parks & Recreation Commission for recommendation should Council desire to pursue the
matter.
Mike Holzmiller, Planning Director, stated a Specific Plan will be coming before the Planning Commission
which will deal with the total acreage designated for commercial, but it will not address a specific use.
PUBLIC HEARINGS:
114 8. AB #13,348 - RECYCLING AREAS IN DEVELOPMENT PROJECTS - ZCA 94-6.
Mayor Lewis opened the duly noticed Public Hearing at 6:43 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 Nygaard, Council introduced ORDINANCE NO.
NS-321, amending Title 21 of the Carlsbad Municipal Code by amending the title
of Chapter 21.1 05 (Recycling Facilities) and adding Section 21.1 05.060.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
114 77 9. AB #13,349 - BIOLOGICAL HABITAT PRESERVES - ZCA 95-2/LCPA 95-8.
Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m., and issued the invitation to
speak.
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PUBLIC HEARINGS: (Continued)
Jim Carter, 7722 Faro1 Place, stated that his company sets up land banks for sale as off-site
mitigation for projects and he did not want to see the land in Carlsbad become less competitive
for off-site mitigation than other communities in the County. He said that under this ordinance, the
CUP process is very important, and the City has to review what is happening, but when the City
imposes additional costs for a CUP and additional time of three months, other cities in the County
might become the place to purchase land rather than Carlsbad.
Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:OO
p.m.
ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted RESOLUTION NO. 95-
295, approving a Negative Declaration for a Zone Code Amendment amending
=e 21, Chapter 21.04 of the Carlsbad Municipal Code, by the addition of
Subsection 21.04.048 to define Biological Habitat Preserve and amending Title 21,
Chapter 21.42 of the Carlsbad Municipal Code by the addition of Subsection
21.42.010(15) to require the processing of a Conditional Use Permit for Biological
Habitat Preserves and for a Local Coastal Program Amendment to ensure
consistency between the City’s Zoning Ordinance and its Local Coastal Program;
and
adopted RESOLUTION NO. 95-296, approving an amendment to all sixsegments
of the Carlsbad Local Coastal Program (LCP) to ensure that the City’s Zoning
Ordinance (which functions as the implementing ordinance for the City’s LCP) and
the City’s Local Coastal Program are consistent in requiring the processing of a
Conditional Use Permit for Biological Habitat Preserves; and
introduced ORDINANCE NO. NS-322, to define Biological Habitat Preserve and
to require the processing of a Conditional Use Permit for Biological Habitat
Preserves to ensure that Biological Habitat Preserves are consistent with the City’s
General Plan, Growth Management Plan, Local Coastal Program and Habitat
Management planning efforts.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
DEPARTMENTAL AND CITY MANAGER REPORTS:
31 10. AB #13,340 - APPEAL OF BUSINESS LICENSE TAX LATE PENALTY.
Guy Harden, President, Floral Express, 5825 Avenida Encinas, Suite 107, stated his company
moved to Carlsbad in 1993, and made extensive adjustments to the building, which was done
through the Planning Department. He stated he received bad advice from a City employee, and
therefore, the penalty should be waived.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 289, denying the appeal by Floral Express of the penalties on Business License
Tax for the tax years which began on November 1, 1993 and 1994.
AYES: Lewis, Nygaard, Kulchin and Finnila
NOES: Hall
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RECESS:
Mayor Lewis declared a recess at 7:30 p.m., and Council re-convened at 7:40 p.m., with all five Members
present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
37 11. AB #13,350 - MODIFICATIONS TO NEWSRACK REGULATIONS. 31 City Attorney Ron Ball stated that Council is not dealing with the contents of the newsracks tonight.
This ordinance updates and makes modifications to the standards for the appearance and location
of newsracks.
Bob Quinn, San Diego Union-Tribune Newspaper, questioned the color limitations specified in the
ordinance. He presented a photograph of one of their new newsracks showing a grey and blue
rack, and requested an ordinance modification to allow them to use the new racks they just
selected.
Chris James, Blade-Citizen Newspaper, 1722 Coast Highway, Oceanside, stated he had the same
concerns, as subsequent to their purchase of the Times Advocate in Escondido, they are
considering a re-design of their name and logo and would like flexibility with the color schemes.
ACTION: By unanimous consensus, Council directed staff to amend the Ordinance to retain
the current restriction prohibiting placement of newsracks within 500 feet of
schools; and indicated a clearance space on sidewalks in the Village Area should
be no less than five (5) feet.
ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO.
NS-323, amending Title 11 , Chapter 11, 36, by the amendment of Sections
11.36.020, 11.36.030, 11.36.040, 11.36.050, 11.36.060 and 11.36.080 of the
Carlsbad Municipal Code "Locations and Standards for Newsracks on Public
Rights-of-way", as amended to retain the current restriction prohibiting placement
of newsracks within 500 feet of schools; and amended to require five (5) feet of
clear sidewalk in front of newsracks; and
introduced ORDINANCE NO. NS-324, amending Title 5, Chapter 5.04, by the
amendment of Sections 5.04.020 and 5.04.060 and Chapter 5.08, by the
amendment of Section 5.08.010 of the Carlsbad Municipal Code regarding
Business License regulations for coin-operated machines and newsracks.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
LO3 12. TRAFFIC SAFETY COMMISSION APPOINTMENT.
This item was continued.
COUNCIL REPORTS:
Council Member Kulchin left the meeting at 898 p.m.
Council Members reported on the activities and meetings of the Committees and Subcommittees of which
they are Members.
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ADJOURNMENT:
By proper motion, the Regular Meeting of October 10, 1995, was adjourned at 8:28 p.m.
Respectfully submitted,
ALETHA (2e.QzL.Q- L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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