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Home My WebLink About1993-08-17; City Council; Minutes (2)* 0 0 MINUTES MEmNG OF: CITY COUNCIL (Regular Meeting) DATE OF MEmNG: August 17,1993 TIME OF MEHlNG: 6:OO p.m. PLACE OF MEmNG: Ci Council Chambers ~~~ ~ ~~ CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Nygaard, Mayor Pro Tem Stanton and Mayor Lewis. Absent: Council Member Kulchin. INVOCATION was given by Senior Pastor Reverend Barry Jones of the Carlsbad Union Church. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. PRESENTATION: Mayor Lewis presented John Strayer with a Certificate of Appreciation for his service on the Parks and Recreation Commission and his involvement in the many sports activities in the City of Carlsbad. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Regular Meeting held July 27, 1993. Minutes of the Special Meeting held August 4, 1993. AYES: Lewis, Stanton, Nygaard and Finnila ANNOUNCEMENT: Mayor Lewis announced that there may be more than two Council Members present at the Planning Commission meeting tomorrow night, August 18, 1993, at 6:OO p.m., in the Council Chambers. CONSENT CALENDAR: Mayor Lewis requested Item #2 be removed from the Consent Calendar, and Council Member Finnila requested Item #6 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items #I through #8, with the exception of Items #2 and #6, as follows: AYES: Lewis, Stanton, Nygaard and Finnila 200 0 0 August 17, I993 Page 2 CONSENT CALENDAR: (Continued) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 51 1. AB #12,363 - AUTHORIZING OUT-OF-STATE TRAVEL. Council .authorized Battalion Chief Watson to travel out of state to attend the National Fire Academy in Emmitsburg, Maryland. 74 2. AB #12,364 - ADJUSTMENT TO CITY CONTRIBUTION TO BENEFITS FOR ACTIVE EMPLOYEES AND ELIGIBLE DEPENDENTS OF THE CARLSBAD POLICE OFFICERS’ ASSOCIATION. This item was removed from the Consent Calendar. 50 3. AB #12,365 - DESIGNATION OF PERSONS TO ACT ON BEHALF OF THE COUNCIL FOR CERTAIN DEBT OBLIGATIONS. Council adopted RESOLUTION NO. 93-239, designating persons who are authorized. to act on behalf of the Council for certain debt obligations. 84 4. AB #12,366 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 93-240, authorizing the destruction of certain files in the Purchasing Department. 99 5. AB #12,367 - RELEASE FROM DEVELOPMENT IMPROVEMENT AGREEMENT - CT 81-1 0 - CARLSBAD RESEARCH CENTER. Council adopted RESOLUTION NO. 9S241 , approving the release of Carlsbad Research Center from a Development Improvement Agreement entered into on November 16, 1981, for Carlsbad Tract 81 -1 0; and authorizing the City Clerk to release bonds in accordance with State law and City ordinances. 68 6. AB #12,368 - CARLSBAD CONVENTION AND VISITOR’S BUREAU THIRD QUARTER REPORT FOR 1992-93. This item was removed from the Consent Calendar. 99 7. AB #12,369 - FINAL MAP APPROVAL - CT 92-6 - CANYON PACIFIC. Council adopted RESOLUTION NO. -242, approving a final map for Carlsbad Tract 92-6, Canyon Pacific. 43 8. AB #12,374 - APPROVAL OF HUBBS SEA WORLD RESEARCH INSTITUTE PROJECT - CUP 92- 1 O/HDP 93-5. Council adopted RESOLUTION NO. 93-243, denying an appeal and upholding the Planning Commission’s approval of a Negative Declaration for the Hubbs Sea World Research Institute Project on property located in the northwest quadrant of the City, east of Carlsbad Boulevard along the north shore of the outer basin of Agua Hedionda Lagoon. 199. 0 0 August 17, 1993 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: 74 2. AB #12,364 - ADJUSTMENT TO CITY CONTRIBUTION TO BENEFITS FOR ACTIVE EMPLOYEES AND ELIGIBLE DEPENDENTS OF THE CARLSBAD POLICE OFFICERS’ ASSOCIATION. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-238, approving an increase in the cafeteria benefit for active employees and eligible dependents of the Carlsbad Police Officers’ Association (CPOA). AYES: Lewis, Stanton, Nygaard and Finnila 68 6. AB #12.368 - CARLSBAD CONVENTION AND VISITOR’S BUREAU THIRD QUARTER REPORT FOR 1992-93. Steve Link, Manager, 1616 Avenida Guillermo, Oceanside, representing the Carlsbad ConVis, gave the third quarter report for the Convention and Visitor’s Bureau, stating the number of visitors to Carlsbad in the April through June period increased rather than decreased, as stated in the agenda bill. ACTION: . On motion by Council Member Finnila, Council accepted and filed the report. AYES Lewis, Stanton, Nygaard and Finnila PUBLIC COMMENT Eric Borin, San Marcos, explained the Tobacco Education Program, Project Life Yes, Tobacco No!. Bill Jubb, 3993 Highland, inquired whether there would be a new EIR for the Carlsbad Ranch project if the Leg0 project located there. Hope Wrisley, 2080 Basswood, spoke in favor of a Leg0 park in Carlsbad. Karen Ireland, 4025 Crescent Point Road, spoke in favor of a Leg0 park in Carlsbad. Lee Bohlmann, 3618 Milford Place, representing the Carlsbad Chamber of Commerce, told of the support from the business community for a Leg0 park in Carlsbad, and read a letter in support from Leland C. Ayres, President of Tooltronics. Russell Hoffman, P. 0. Box 188006, spoke in opposition to a Leg0 park, stating it would just bring more people to the area; in opposition to the proposed traffic light on Carlsbad Village Drive at Roosevelt; and stated there is no area reserved for non-surfers at the beach. Jim Young, 3951 Park Drive, a member of NAIL, the organization opposing a Leg0 park, stated they have over 150 members at this time, and would like the opportunity to meet with the Leg0 representatives, Robert Nielsen, 3805 Sierra Morena, stated that the Growth Management Plan is an excellent plan and would protect the City in approving any project. He spoke in favor of a Leg0 park and stated that people are prejudging the park, as Carlsbad has not been selected by Leg0 at this time. Peder Norby, 2630 Valewood Avenue, spoke in favor of a Leg0 park and commented that Carlsbad would have several thousand new jobs with the Carlsbad Ranch project. He said that Leg0 should be allowed to get a project into the City process. 178 e 0 August 17, 1993 Page 4 PUBLIC COMMENT: (Continued) Carlton Lund, 344 Chinquapin Avenue, stated he hated the bars at the Split Pavilion, but he felt a Leg0 park represented the finest opportunity he had ever seen for the future of Carlsbad. Mr. Lund asked when the Price Club would be able to be open during the evening rush hours. Garry Bonelli, Communications Director, SANDAG, 401 "B" Street, San Diego, stated he wanted to clarify SANDAG's position on a Leg0 park. SANDAG supports locating the Leg0 park in Carlsbad and feels this will enhance the area. City Attorney Ron Ball stated that the type of EIR required for the Carlsbad Ranch and Leg0 projects would depend on the application. At the request of Council Member Nygaard, Traffic Engineer Bob. Johnson gave an update on the completion of the Palomar Airport Road overpass, stating it will be completed in October of this year. That would trigger a reassessment of the agreement with the Price Club. Parks and Recreation Director Dave Bradstreet stated he would talk to the State about the possibility of designating a certain area for body surfing. ORDINANCES FOR ADOPTION: 102 9. AB #12,370 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF GRAND AVENUE. ACTION: On motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS addition of Section 10.44.340 to establish a prima facie 25 mile per hour speed limit upon Grand Avenue from Ocean Street to its terminus at INTERSTATE Highway 5. - 252, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the AYES: Lewis, Stanton, Nygaard and Finnila 114 10. AB #12,371 - OFF-SITE REAL ESTATE SIGNS - ZCA 93-2. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- - 253, amending Title 21, Chapter 21.41 of the Carlsbad Municipal Code regarding regulation of signs. AYES: Lewis, Stanton, Nygaard and Finnila 41 11. AB #12,372 - IMPOSITION OF CRIMINAL JUSTICE ADMINISTRATION FEES. ACTION: On motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS- - 254, requiring recovery of criminal justice administration fees imposed by San Diego County. AYES: Lewis, Stanton, Nygaard and Finnila HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:Ol p.m., and re-convened at 7:19 p.m., with four Members present and Council Member Kulchin absent. 197 0 0 August 17, 1993 Page 5 CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Carlsbad Municipal Water District at 7:19 p.m., and re-convened at 8:14 p.m., with all four Members present and Council Member Kulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 24 12. AB #12,336 - STAFF REPORT REGARDING BARKING DOG COMPLAINTS. ACTION: Following discussion, Council, by consensus, directed staff to request that the letters sent by the County Department of Animal Control to the complainants and to the dog owners be revised to make it clear with regard to the process to be followed in filing a complaint and the procedure to be followed by dog owners to control their pets. Council Members also requested that the County include mediation in the process. By consensus, Council requested a report with information on (1) tools available should Council feel noise control regulations are necessary: (2) issues and considerations on the matter in the past; and (3) costs of responding to noise complaints by the Police Department versus current charges for the response. 37 13. AB #12,345 - 1993 COUNCIL GOALS AND OBJECTIVES MID-YEAR UPDATE. ACTION: Council Member Finnila requested, and Council concurred with an addition to Administration Goal Ill, objectives #4, to read: City Council is to meet periodically with the School District to discuss items of mutual concern. ACTION: On motion by Council Member Nygaard, Council accepted the status report on the 1993 Council Goals and Objectives, as amended. AYES: Lewis, Stanton, Nygaard and Finnila 79 14. AB #12,373 - COUNCIL POLICY FOR REFUND OF APPEAL FEES. ACTION: On motion by Council Member Finnila, Council adopted Policy Statement Number 54, providing a process for refunding an appeal fee when the appeal is granted by City Council. AYES Lewis, Stanton, Nygaard and Finnila COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. ASSISTANT CITY MANAGER COMMENTS: Assistant City Manager Frank Mannen announced there will be a Southeast Quadrant Meeting next Tuesday, August 24, 1993, 7:OO p.m., at the Carlsbad Safety Center. 1% e e August 17, 1993 Page 6 ADJOURNMENT: By proper motion, the Regular Meeting of August 17, 1993, was adjourned at 10.04 p.m. Respectfully submitted, OJktL. k8 * ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes. Clerk 1%