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HomeMy WebLinkAbout1996-04-02; City Council; Minutes0 0 # MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 2,1996 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 Hall, Finnila, Kulchin, Mayor Pro Tern Nygaard and Mayor Lewis. Absent: None. INVOCATION was given by Mrs. Bernice Bernard0 of the Spiritual Assembly of the Baha’is. PLEDGE OF ALLEGIANCE was led by Council Member Hall. APPROVAL OF MINUTES: On motion by Council Member Finnila, Council approved the Minutes of the Regular Meeting held March 12, 1996, as presented: AYES: Lewis, Finnila and Hall ABSTAIN: Nygaard and Kulchin CONSENT CALENDAR: Mayor Pro Tem Nygaard requested Item #6 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #9, with the exception of Item #6, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 39 1. A6 #13,579 - REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP - CT 92-3 - AVIARA PHASE Ill. Council adopted RESOLUTION NO. 96-108, granting a one-year extension of time for CT 92-3, Aviara Phase Ill, subject to the findings contained therein. 0 0 April 2, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) i4 2. AB #13,580 - APPROVAL OF AGREEMENT WITH LEUCADIA COUNTY WATER DISTRICT TO I5 INSTALL A SEWER LINE WITHIN THE LA COSTA AVENUE AND 1-5 BRIDGE - PROJECT NO. 3219. Council adopted RESOLUTION NO. 96-109, approving an agreement with the Leucadia County Water District for the installation of a sewer line within the La Costa Avenue and 1-5 bridge. 14 3. AB #13,581- REQUEST FOR ADDITIONAL APPROPRIATION FOR CONTRACT PLAN CHECKING. - +5 Council adopted RESOLUTION NO. 96-1 10, appropriating $57,000 from the General Fund Contingency Account to the Building Department Miscellaneous Professional Services Account to cover plan checking costs for fiscal year 1995-96. 23 4. AB #13,582 -APPROVAL OF SUBMITTAL OF GRANT APPLICATION TO THE CALIFORNIA ARTS COUNCIL. Council adopted RESOLUTION NO. 96-1 11, authorizing submittal of a grant application with the Carlsbad Unified School District to the California Arts Council for a local arts education partnership program. 35 5. AB # 13,583 - AUTHORIZATION TO DESTROY CERTAIN RECORDS IN THE CITY ATTORNEY'S OFFICE. Council adopted RESOLUTION NO. 96-1 12, authorizing the destruction of certain records over two years old which are kept by the City Attorney's Office. 70 6. AB #13,584 - APPROPRIATION OF ADDITIONAL FUNDS FOR BALLFIELD LIGHTING AT POINSETTIA PARK - PROJECT NO. 3348, PHASE I. This item was removed from the Consent Calendar. 42 7. AB #13,585 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 96-1 14, authorizing the Administrative Services Projects Manager, Jim Hagaman, to attend the 1996 National Association of Telecommunications Officers and Advisors (NATOA) Regional Training Seminar to be held from April 10 through April 12, 1996, in Las Vegas, Nevada. 112 a. AB #13,586 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH THE CITY'S WEED ABATEMENT PROGRAM. Council adopted RESOLUTION NO. 96-1 15, declaring weeds, rubbish and refuse on certain private properties within the City of Carlsbad as public nuisances, and setting a hearing on the matter for April 16, 1996. 0 0 April 2, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 54 9. AB #13,587 - APPROVAL OF AN AMENDMENT TO AGREEMENT WITH CALTRANS FOR 45 MAINTENANCE OF THE PALOMAR AIRPORT ROAD AND 1-5 INTERCHANGE. Council adopted RESOLUTION NO. 96-116, approving an amendment to Agreement No. 11- 0457/A1 with CALTRANS for landscape maintenance at the Palomar Airport Road and 1-5 interchange. ITEM REMOVED FROM THE CONSENT CALENDAR: 70 6. AB #13,584 - APPROPRIATION OF ADDITIONAL FUNDS FOR BALLFIELD LIGHTING AT POINSETTIA PARK - PROJECT NO 3348, PHASE I. Staff indicated that with Council approval of this item, the soccer fields, softball fields and baseball fields will all have lights installed in the first phase and should be in place in May. The only lights that would not be in place would be the lights for the tennis courts, which are in a subsequent phase. Council Members indicated they would like to know the cost for installing the lights for the tennis courts, and questioned whether the lights could be installed prior to construction of the courts. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96- -J 113 appropriating an additional $220,000 from the Public Facilities Fees Fund for installation of sports lighting in ballfields #2 and #3, originally scheduled for Phase II; and authorizing the City Manager to approve change orders for the project, up to $220,000. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCE FOR INTRODUCTION: 74 10. AB #13,578 - AMENDMENT OF CONTRACT WITH CALIFORNIA PUBLIC EMPLOYEES’ 45 RETIREMENT SYSTEM (PERS) FOR FIRE PREVENTION OFFICER. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION OF INTENTION NO. 96-107, to amend the Public Employees’ Retirement System (PERS) contract; and introduced ORDINANCE NO. NS-353, authorizing an amendment to the contract between the City Council and the Board of Administration of the California Public Employees’ Retirement System. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall e April 2, 1996 CITY COUNCIL Page 4 PUBLIC COMMENT: Bob Richards, 4615 Park Drive, stated the outcome of Prop E has been determined, and he believes it is time to reflect on the issues that could have had significant negative effects on the planning process and financial health of the City. He stated that the Council has not been handed a mandate for "bigger and better". He has heard several messages; the belief that projects can and do expand after the original project approval, and that Green Valley will expand in spite of the difficult process for developers. Others believe that the City Council is controlled by developers, and a sense of frustration that the City may listen, but not hear; the riparian creek will be bullnosed as it is being done in Encinitas now; and the bluffs will be intruded upon. Mr. Richards said that 7,000 citizens voted in support of Prop E, because of these beliefs, and Prop E supporters will be heard from as the project goes through the process. He said there must be better perceived communication with the citizens, and the requirements must be kept as they are at this time with regard to this project. He stated he trusted the Council will listen and hear. PUBLIC HEARINGS: 99 11. AB #13,588 - OCEAN BLUFF - ZC 93-4/LCPA 95-9/CT 93-9/HDP 93-9. 113 77 Staff referenced the letter from SDG&E requesting the inclusion of an additional condition, as follows: Prior to approval of final map or issuance of grading permits, whichever occurs first, the applicant shall provide evidence of consultation and written consent, if required, from SDG&E for grading or other improvements within SDG&E transmission easements impacted by the project. Staff referenced the proposed condition, and stated if Council desires to include such a condition, the City Attorney recommended the following wording: Prior to approval of final map or issuance of grading permits, whichever occurs first, the applicant shall provide evidence of consultation and written consent, if required, from SDG&E for grading or other improvements within SDG&E transmission easements impacted by the project. Failure by SDG&E to approve, conditionally approve, or deny the applicant's documented request within 60 days of the filing of the applicant's request with SDG&E shall satisfy this requirement. Mayor Lewis opened the duly noticed Public Hearing at 6:29 p.m., and issued the invitation to speak. Jack Henthorn, 5431 Avenida Encinas, Suite G, requested approval of the project. Ronald McKinney, 6525 El Camino Real, stated he is concerned about the project. He said he has not been contacted by the developer about the purchase of his land which will be taken for the proposed Blackrail Court. He also has not been contacted about the part of the development that will be graded away or built up where the future Poinsettia Lane is to be built, and that also impacts his property. Mr. McKinney said that until that happens, Council should not approve this plan. He said he had received a letter from the developer about a meeting coming up next week. a 0 April 2, 1996 CITY COUNCIL Page 5 PUBLIC HEARINGS: Continued) Evelyn McKinney, 6525 El Camino Real, stated she had a question about the traffic to be generated by this project. She said at the Planning Commission, it was stated that 92 units were to be put into Ocean Bluff and staff anticipated an average of ten car trips per unit. This would be 920 trips a day, and at the Planning Commission, it was stated that the drivers would not all go that way, but would go down Poinsettia Lane. She said if one fourth go on Blackrail Road, that would still be 230 cars going down Blackrail Court in a 24-hour period. She said the plan was to only pave one half of Blackrail Court, for all of that traffic. She stated they had not been contracted with regard to the road except for the meeting next week. Staff indicated the McKinney’s were aware of the public hearings and the project is conditioned so the applicant must acquire those easements. In reply to query regarding the traffic count, staff indicated the majority of the car trips will be toward the freeway. However, the roadway will have 32 feet of pavement, with curbs, gutters and sidewalks on one side. Staff also indicated the fill stops at the property line and the fill line outside of Ocean Bluff is not on the McKinney property. Jack Henthorn spoke in rebuttal, stating the McKinney’s have been invited to meetings regarding this project and in conjunction with another project. He stated there are seven property owners involved with the road. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:48 p.m. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS -354, amending Title 21 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a zone change, ZC 93-4, from L-C to R-1 on property generally located at the northwest corner of future Poinsettia Lane and Blackrail Court, in Local Facilities Management Zone 20; amended to include the following condition: Prior to approval of final map or issuance of grading permits, whichever occurs first, the applicant shall provide evidence of consultation and written consent, if required, from SDG&E for grading or other improvements within SDG&E transmission easements impacted by the project. Failure by SDG&E to approve, conditionally approve, or deny the applicant’s documented request within 60 days of the filing of the applicant’s request with SDG8tE shall satisfy this requirement; and, Council adopted RESOLUTION NO. 96-1 17, approving a Local Coastal Program Amendment, a change to the Carlsbad Zoning Map to change a portion of the map from Limited Control (L-C) to One-Family Residential (R-1), a Tentative Map and a Hillside Development Permit on property generally located at the northwest corner of future Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan Area and Local Facilities Management Zone. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 99 12. AB #13,589 - EMERALD RIDGE WEST - CT 95-3/SDP 95-6/HDP 95-6. 113 Mayor Lewis opened the duly noticed Public Hearing at 7:Ol p.m., and issued the invitation to speak. 0 0 April 2, 1996 CITY COUNCIL Page 6 PUBLIC HEARINGS: (Continued) Bob Ladwig, Ladwig Design Group, Inc., 703 Palomar Airport Road, Suite 300, stated the lot sizes are 7,500 to 19,000 square feet, with an average of 9,200. He said they are generous lots, and some have ocean views. Mr. Ladwig explained how the second unit would be incorporated into the main house, and requested approval of the project. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:05 p.m. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96- Reporting Program, tentative Map, Site Development Plan and Hillside Development Permit to subdivide the property into 61 single-family lots and one open space lot, and provide nine second dwelling units, and deed restrict one three-bedroom home as affordable to low income households, all on property generally located east of Paseo Del Norte, north of Camino de las Onidas and south of Palomar Airport Road, within Specific Plan 203 and Local Facilities Management Plan Zone 20. - 11 8, approving a Mitigated Negative Declaration with a Mitigation Monitoring and AYES : Lewis, Nygaard, Kulchin, Finnila and Hall RECESS: Mayor Lewis declared a recess at 7:07 p.m., and Council re-convened at 7:14 p.m., with all five Members present. PUBLIC HEARINGS: (Continued) 114 13. AB #13,590 - HEIGHT LIMITATIONS ON ACCESSORY STRUCTURES - ZCA 95-4/LCPA 95-12. 77 Mayor Lewis opened the duly noticed Public Hearing at 7:35 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-355, amending various sections of various chapters of Title 21 of the Carlsbad Municipal Code to restrict all residential accessory structures to a one-story/l4- foot height limit; and adopted RESOLUTION NO. 96-1 19, approving an amendment to various sections and chapters of the Zoning Ordinance and an amendment to the City’s Local Coastal Program to establish a one-story/fourteen foot height limitation for residential accessory structures in the City located in R-A, R-1 , R-2, R-3, R-P, R-T, R-W and R-DM Zones. AYES: Lewis, Nygaard, Finnila and Hall e e April 2, 1996 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #13,591 - ESTABLISHMENT OF AN ENTERTAINMENT LICENSE REQUIREMENT WITH EXTERIOR NOISE STANDARDS FOR COMMERCIAL ESTABLISHMENTS THAT PROVIDE ENTERTAINMENT. Mayor Lewis announced that affected establishments were notified, but surrounding residents were not notified. Therefore, this item will be continued one week to allow all interested persons to attend the meeting and speak on the matter if they desire. He said Council will hear the staff report tonight and hear the speakers who have filled out a Request to Speak. Tom McMahon, 4028 Park Drive, speaking on behalf of the Carlsbad Village Theatre, stated he was unclear whether this applied to the Theatre. He said the inclusion of the Theatre in this ordinance is unnecessary and he would seek clarification and seek exclusion. Brett Redmayne-Titley, 571 Carlsbad Village Drive, speaking on behalf of the Carlsbad Brewery as an owner, stated they have been open for eight months and to his knowledge there have been no complaints about the music. He said many neighbors are in close proximity to their establishment and they are concerned and want to be cooperative. He said it was unfair to lump them in with the businesses that are causing the complaints. He said he was not comfortable with the 65 decibels, and it does not take into account Friday and Saturday nights, when people stay up later and the Village is a busy place. Also, he felt that the fee should not be the same as for a cabaret, since a cabaret license allows dancing and they could have a cover charge. Robert L. Simpson, Attorney, 3780 Kilroy Airport Way, #125, Long Beach, representing the Sand Bar Cafe, stated he could find no reason for this change in the way certain businesses operate when they have been operating for over 20 years, before most of the residents moved into that neighborhood. He said the enactment of this ordinance would be an unconstitutional taking of rights granted to his client for years. Mr. Simpson inquired whether staff had identified the cost to the City in enacting this ordinance; loss of payroll, payroll taxes, property taxes, sales taxes and other revenues generated from other owners in this business in Carlsbad; not counting the cost of defending litigation that will be brought, should it pass in its present form. He said that it is difficult to differentiate whether noise is coming from the business or from the road. Mr. Simpson said he wondered whether this was a veiled undertaking pointed at one particular bar in town or for the general public. He stated he is opposed to the enactment of the ordinance. John Jones, 3044 State Street, stated that Mr. Titley has cooperated with the neighbors near the Brewery, but he is concerned when summer arrives and the windows of the Brewery are open and the windows in his home are open. He said he lives less than 75 feet from the west door of the Brewery. He stated.he is in favor of the ordinance and wants to see it enforced. In reply to query, staff stated there are no regulations in force at this time with regard to a time limit at night for stopping the playing of music in establishments. ACTION: By unanimous consensus, Council continued this item one week. 31 COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. 11) a April 2, 1996 CITY COUNCIL Page 8 ADJOURNMENT: By proper motion, the Regular Meeting of April 2, 1996, was adjourned at 8:08 p.m. Respecffully submitted, QLXL 4. Qw ALETHA L. RAUTENKRANZ City Clerk I Harriett Babbitt Minutes Clerk