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HomeMy WebLinkAbout1996-04-09; City Council; Minutes0 a MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 9, 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 Tem Nygaard and Mayor Lewis. Absent: None. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The Farewell Party for Earlene Roper (City Employee) at Hennessey’s Restaurant, Thursday, April 1 1, 1996, at 5:30 p.m. The Morrow & Salyer Birthday Event, Oceanside, on Friday, April 12, 1996, at 6:OO p.m. The Adult Learning Program Annual Potluck Dinner, at the Harding Community Center, Saturday, April 14, 1996, at 6:OO p.m. The Citizen of the Year Ceremony, City Council Chambers, on Tuesday, April 16, 1996, at 4:30 p.m. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tern Nygaard. PRESENTATION: Mayor Lewis presented a Proclamation to Bruce Gordon, Farmers Insurance Company, for WALK AMERICA FOR HEALTHIER BABIES MONTH and the March of Dimes WALK AMERICA DAY, April 27,1996. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Nygaard, Council unanimously approved the following Minutes as presented: Minutes of the Regular Meeting held March 19, 1996. Minutes of the Regular Meeting held March 26, 1996. ABSTAIN: Lewis (Meeting of March 26, 1996) 78 96 45 99 99 97 45 74 0 a April 9, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: Council Member Kulchin requested that Items #1 and #2 be removed from the Consent Calendar. City Manager Ray Patchett referenced the memorandum from the City Engineer dated April 8th, nothing a correction changing the word "east" to "west" in the Additional Condition "A", Resolution No. 96-123, with Agenda Item #4. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #8, with the exception of Items #1 and #2, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #13.592 - REQUEST FOR A JUVENILE DIVISION DETECTIVE TO ATTEND A CHILD SEXUAL EXPLOITATION INVESTIGATIONS SEMINAR. This item was removed from the Consent Calendar. 2. AB #13,593 - AWARDING CONTRACT FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE ENTRANCE OF LA COSTA CANYON HIGH SCHOOL - PROJECT 3496. This item was removed from the Consent Calendar. 3. AB #13,594 - REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP FOR CARLSBAD TRACT 93-3 - POINSETTIA HILL. Council adopted RESOLUTION NO. 96-122, granting a one-year extension of time for the tentative map for CT 93-3, Poinsettia Hill. 4. AB #13,595 - REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP FOR CARLBAD TRACT 91-12 - MARINER'S POINT. Council adopted RESOLUTION NO. 96-123, granting a one-year extension of time for the tentative map for CT 91-12, Mariner's Point; amending ADDITIONAL CONDITION: A. to replace the word "east" with the word 'best". 5. AB #13,596 - APPROVING AN AGREEMENT WITH OLIVENHAIN MUNICIPAL WATER DISTRICT FOR DELIVERY OF SOILS AND ACQUISITION OF EASEMENTS ON OLIVENHAIN ROAD - PROJECT 3466. Council adopted RESOLUTION NO. 96-124, approving an agreement with Olivenhain Municipal Water District for the delivery of soils and acquisition of access and inundation easements for Project 3466, Olivenhain Road widening. 6. AB #13.597 - SETTLEMENT OF WORKERS COMPENSATION ClAlMS OF KATHRYN DEMARY. Council adopted RESOLUTION NO. 96-125, approving the Compromise and Release authorizing the expenditure of funds for settlement of the workers compensation claims of Kathryn Demary. 0 0 April 9, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 97 7. AB #13,598 - APPROVING A CONSULTANT AGREEMENT FOR IMPROVEMENT PLANS, 45 SPECIFICATIONS AND COST ESTIMATES FOR CANNON ROAD WEST - PROJECT 3184. Council adopted RESOLUTION NO. 96-126, approving an agreement with O’Day Consultants, Inc., for the design of improvement plans, preparation of project specifications and cost estimates for construction of Cannon Road West. 35 8. AB #13,599 - RETENTION OF SPECIAL COUNSEL FOR DEFENSE OF EMPLOYEE RELATIONS LAWSUITS. Council adopted RESOLUTION NO. 96-127, authorizing the retention of Arlene Prater of the law firm of Best, Best & Krieger as additional special counsel for employee relations litigation. ITEMS REMOVED FROM THE CONSENT CALENDAR: 78 1. AB #13,592 - REQUEST FOR A JUVENILE DIVISION DETECTIVE TO ATTEND A CHILD SEXUAL EXPLOITATION INVESTIGATIONS SEMINAR. ACTION: On motion by Council Member Kulchin, Council approved out-of-state travel to Tucson, Arizona, for a detective to attend training classes. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 96 2. AB #13,593 - AWARDING CONTRACT FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE 45 ENTRANCE OF LA COSTA CANYON HIGH SCHOOL - PROJECT 3496. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 96- 121, accepting bids and awarding a contract to MCR Electrical Contractors for construction of a traffic signal on Camino de 10s Coches at the entrance to La Costa Canyon High School. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall ORDINANCES FOR ADOPTION: 114 9. AB #13,601 - APPROVAL OF ACCESSORY STRUCTURES HEIGHT LIMITATION - ZCA 95-4. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted 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. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 0 0 April 9, 1996 CITY COUNCIL Page 4 ORDINANCES FOR ADOPTION: (Continued) 99 10. AB #13,602 - APPROVAL OF ZONE CODE AMENDMENT ZC 93-4 - CT 93-9 - OCEAN BLUFF. 113 ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- 354, amending the Zoning Map to grant a zone change from L-C to R-1 on property located at the northwest corner of future Poinsettia Lane and Blackrail Court. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: Thomas Dempsey, 3641 Esplanade Street, Oceanside, expressed the concern of his neighbors on Hastings Drive and Milford Place, stating South Coast Quarry is drilling and blasting to connect Marron Road with Lake Boulevard. He said they have been informed there will be blasting in that area until June 1996. Anthony Carter, 7797 Caminito Monarca, #loo, representing the Board of Directors, Friends of Carrillo Ranch, thanked the Council for their unanimous action on March 19, approving the design contract for the Carrillo Park Master Plan. He stated that with Council approval of the application to the State, they are hopeful that the Carrillo Ranch will be designated as the first California Historic Landmark in Carlsbad. Mr. Carter stated the Friends of Carrillo Ranch have received a grant from the Rueben H. Fleet Fund, and this is the fifth consecutive year of support from this fund. He told of activities to be funded by this grant and added that they are looking for funds from the private sector. PUBLIC HEARINGS: 97 11. AB #13,600 - AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY 20 NEEDED FOR WATER LINE EASEMENTS NECESSARY TO MOVE A WATER LINE IN CONJUNCTION WITH THE WIDENING OF ALGA ROAD. Mayor Lewis opened the duly noticed Public Hearing at 6:20 p.m., and issued the invitation to speak. Kazuyuki Kawakita, Bramalea California, Inc., stated they have reached agreement with Sambi and are awaiting the documents. Paul Klukas, representing Sambi Seaside Heights, stated they are working on an agreement with Bramalea, and he urged the Council to take action on this matter. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:23 p.m. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96- 128, authorizing and directing the condemnation of certain water line easements adjacent to Alga Road north of Poinsettia Lane, and declaring the public necessity therefor. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 0 0 April 9, 1996 CITY COUNCIL Page 5 PUBLIC HEARINGS: (Continued) li3 12. AB #13,574 - APPEAL OF SPECIFIC PLAN AMENDMENT - SP-Ig(H) - TOYOTA CARLSBAD EXPANSION IN CAR COUNTRY. Mayor Lewis opened the duly noticed Public Hearing at 6:34 p.m., and issued the invitation to speak. Tom Clark, representing Toyota Carlsbad, 244 9th Street, Del Mar, stated they are requesting two items; a driveway from Cannon Road and reduced setback from 25 to 10 feet. He said if Council could not support both items, he would request they support one. He explained that they are now proposing at least a right-turn only into their property from Cannon. Mayor Lewis requested the City Attorney to explain the process on this type of request. City Attorney Ron Ball explained that an appeal from a decision of the Planning Commission must be based on the decision made by that Commission. He said the Council cannot consider a new project that was not considered and not a decision from the Planning Commission. Mr. Ball said if there is new evidence, the matter must be remanded to the Planning Commission for consideration of the new evidence. When that decision is made, an appeal could be made from that decision. Mr. Clark explained the right turn in with the deceleration lane and the scenic corridor designation with the 25 foot landscaping provision. He said that the 10 feet transition would provide 15 feet that includes 5 feet within the right-of-way. He added there is really 15 feet of landscape from the sidewalk to the displayed automobiles. John Jones, 3044 State Street, stated he attended the Planning Commission meeting and Toyota was aware of all the setbacks when they purchased that property. He said that any change to the specific plan in that area would set a precedent for others to request the same. He said that street will be a major arterial and there should be no right turns in or out. Mr. Jones said he thought the decision of the Planning Commission was excellent. Since no one else wished to speak.on this matter, Mayor Lewis closed the Public Hearing at 6:44 p.m. ACTION: On motion by Mayor Pro Tem Nygaard, Council directed the City Attorney to prepare documents denying the appeal and upholding the Planning Commission’s denial of SP 19(H); and directed staff to maintain the integrity of the setback, but be flexible in working with the appellant to allow screening within the lot and types of plants to allow some visibility of the cars. AYES: Lewis, Nygaard, Kulchin and Finnila NOES: Hall HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:OO p.m., and re-convened at 8:16 p.m., with all five Members present. .- .. a 0 April 9, 1996 CITY COUNCIL Page 6 MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 8:16 p.m., and re-convened at 8:17 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 31 13. AB #13,591 - ESTABLISHING ENTERTAINMENT LICENSE REQUIREMENTS. Ted Viola, 3831 and 3833 Garfield Street, referenced the testimony from the previous week and stated many residents were here before the Sandbar’s owner. He commented on the many problems associated with the Sandbar and those who frequent the establishment. He urged Council to pass the ordinance. Kyle McNab, 3861 Garfield Street, told of the noise and damage to cars in the neighborhood when the patrons are leaving the Sandbar at 2:OO a.m. He said they now provide security, but all they do is call the Police. He requested Council pass the ordinance. Stan Schritt, 401 4 D Layang Circle, cautioned that this ordinance might hamper the ability to bring entertainment to this area. He said he believed 65 decibels at the property line may be somewhat harsh. Allen Thomas, Attorney, 3780 Kilroy Airport Way, Suite 125, Long Beach, representing Mitzi Eubanks, owner of the Sandbar, stated this ordinance is a major departure from the existing policies regulating this type of establishment. He said the Sand Bar is operating as a restaurant with live entertainment as it has been for several years. He said the people in the neighborhood who are complaining moved into that neighborhood after the restaurant was there and knew it existed. The restaurant has been remodeled, assuming it could continue to operate as it has the past seven years. He said the Council has a limited ability to revoke the owner’s use, and that 35 to 40 percent of her income is during the hours of 1O:OO p.m. to 2:OO a.m. He said the ordinance would not be uniformly applied, as there is excessive noise throughout the City. He stated that the cost to his client would be the unconstitutional taking of her property and income. Judith McMahon, 4028 Park Drive, Carlsbad Theatre, stated the ordinance does not call out clearly whether you can have music or alcoholic beverages, or both, and she would like to know whether the Theatre is exempt from this ordinance. She said the better solution would be to solve the problems with the two or three establishments involved in the complaints. Marina Goldstein, 160 Tamarack, stated she lives close to the Sandbar and told of the noise made by the people leaving this establishment. She urged adoption of the ordinance. Brett Redmayne-Titley, 4553 Cove Drive, #2, spoke against the 65 decibels limit, stating the at his restaurant it would be difficult to determine what was just ambient noise. Ruben Cerecedes, 3875 Garfield Street, spoke in favor of the ordinance, stating the noise outside of the Sandbar is the concern, especially with summer approaching. Walter Riche, 300 Carlsbad Village Drive, #108-A, Publisher and Editor of the Carlsbad Village Voice, stated he was neither for nor against the ordinance, but asked the Council to delay another week or two before making a decision on this ordinance. He said the complaints about the people leaving the establishment has nothing to do with the sound element of the music. 4B e April 9, 1996 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Latreasa Harris, 3121 Valley Center, spoke in opposition to the ordinance, speaking for the Alley, an establishment on Grand Avenue where there is dancing and entertainment seven nights a week. She stated that 70 percent of their business is between 1O:OO p.m. and 2:OO a.m. If they were forced to close, this would hurt the tourist trade. Robert Payne, P. 0. Box 3073, stated he supports a noise code, but amplified music is not the problem. The problem is the business owners and patrons. He urged the surrounding neighbors to continue working with Mrs. Eubanks to reduce the problem. Dave Gilbert, 150 Tamarack Avenue, spoke in support of the noise ordinance, stating it is important for any city. David White, 1756 Hummingbird Lane, Vista, stated there are noisy people at night in the beach area, and that area has always been noisy, even before the Sandbar. Paul Reuter, 920 Sycamore Avenue #46, Vista, spoke in opposition to the ordinance. Kathleen Fraley, Boar Cross’N, 390 Grand Avenue, expressed concern about the noise on Friday nights by the railroad tracks and asked how it can be determined just where the noise is coming from. She stated they are a night club and have had no noise complaints. Mark Balelo, 179 Alicante Aisle, Irvine, stated he represents the Valley Parking Services, and they are now valet parking the cars at the Sandbar, and this should help eliminate the patrons’ parking problems. He said they also provide shuttle service for those not able to drive home. Raul Villamar, 937 Oak Avenue, stated he is head of the security at the Sandbar. He stated they cannot touch anyone outside of the premises, but they take the keys of anyone intoxicated. Jeff King, 2885 Wilson Street, partner in Gerico’s and Koko’s Restaurants, stated he has a problem with the ordinance and the definition of entertainment. He stated they have had no noise complaints and have no live entertainment, but do play FM stereo and cassettes. He stated he was opposed to paying any fee for amplified entertainment. Margaret Bonas, 231 Olive Avenue, stated Carlsbad is a beach town and a beach area and does not need a noise ordinance. She said this would discourage tourists. Ms. Bonas stated that the Sandbar is a landmark and the owner has worked hard to cooperate with the neighborhood and has contributed to worthwhile projects in the City. Harry Loomis, 11 1 Tamarack, stated his condominium complex had to install a gate to close off the parking from the patrons of the Sandbar. He said this is a neighborhood and not a business community, and he requested approval of the ordinance. Cindy Shenky, Oceanside, stated she is employed at the Sandbar and spoke in opposition to the ordinance. Mitzi Eubanks, owner of the Sandbar, stated she felt this is an attack on her. She is trying to change the image of the Sandbar, as she knows it had a bad reputation before she bought out her partner. Ms. Eubanks stated the music is not loud outside and she has hired a valet parking service and has stopped the music earlier, as well as modified the music, in addition to hiring security. e e . April 9, 1996 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis stated that due to the lateness of the hour, he would close the public comment at this time and this item will be returned next Tuesday for Council action. 105 14. AB #13,561 - PROJECT SECTION AND FUNDING ALLOCATIONS FOR THE 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. This item was continued for one week. 68 15. AB #13,603 - ESTABLISHMENT OF COMMUNITY FOUNDATIONS TO ASSIST IN THE FUNDING OF COMMUNITY SERVICES AND ACTIVITIES. This item was continued for one week. 102 16. AB #13,604 - ESTABLISHMENT OF A SPEED LIMIT ON FARADAY AVENUE FROM EL CAMINO REAL TO ORION STREET. This item was continued for one week. 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 April 9, 1996, was adjourned at 10:05 p.m. Respectfully submitted, Lk.o%CLRg- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk