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HomeMy WebLinkAbout1996-04-16; City Council; Minutes1 0 e MINUTES MEETING OF CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 16,1996 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. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. PRESENTATIONS: Mayor Lewis presented a Proclamation to Police Chief Vales and Fire Chief Van Der Maaten for PUBLIC SAFETY DISPATCHERS APPRECIATION WEEK. Mayor Lewis presented a Proclamation to Library Director, Dr. Clifford Lang, for NATIONAL LIBRARY WEEK and the 40th Anniversary of the Carlsbad City Library. Mayor Pro Tem Nygaard and Council Member Finnila made a special presentation to Chris Calkins as a result of Coastal Commission approval of the Carlsbad Ranch project. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The Water Agencies Annual Dinner, at the Castle Creek Country Club in Escondido, Thursday, April 18, 1996, at 6:OO p.m. A gathering for Dave Bradstreet, at an Oceanside private residence, Saturday, April 20, 1996, at 7:OO p.m. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Nygaard, Council unanimously approved the Minutes of the following meetings, as presented: Minutes of the Special Meeting held April 2, 1996. Minutes of the Regular Meeting held April 2, 1996. 97 45 54 45 97 59 45 70 45 0 a April 16, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #4, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #13,605 - APPROVAL OF AN AGREEMENT TO PROVIDE AN UPDATE OF THE SOILS REPORT FOR THE MACARlO CANYON BRIDGE ON CANNON ROAD, PROJECT 3184. Council adopted RESOLUTION NO. 96-129, authorizing the Finance Director to appropriate funds from the Cannon Road West Fee Program, and approving an agreement with Woodward-Clyde Consultants to provide an update of the soils report for Macario Canyon Bridge on Cannon Road. 2. AB #13,606 - APPROVING SUPPLEMENTS NOS. 01 5,016 AND 01 7 TO THE STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5308. Council adopted RESOLUTION NO. 96-130, approving supplement numbers 015, 016 and 017 to SLTPP-5308 to provide additional funds for the widening of the La Costa Avenue/ld Interchange bridge, the overlay of various City streets and the widening of various City streets. 3. AB #13,607 - APPROVAL OF A CONTRACT WITH BI-TECH SOFTWARE, INC., AND ESTABLISHMENT OF A SENIOR MANAGEMENT ANALYST POSITION FOR THE FINANCIAL INFORMATION SYSTEMS. Council adopted RESOLUTION NO. 96-131, approving a contract with Bi-Tech Software, Inc., for the provision of software for the financial information systems and authorizing staff to purchase hardware from Hewlett-Packard Company; and adopted RESOLUTION NO. 96-132, approving a Senior Management Analyst position to serve as a temporary project manager for the Financial Information System. 4. AB #13,608 -AWARD OF CONTRACT FOR HOSP GROVE FIRE HAZARD MITIGATION PROJECT. Council adopted RESOLUTION NO. 96-133, awarding a contract to lngold Tractor Service for the Hosp Grove Fire Hazard Mitigation Project. PUBLIC COMMENT: Robert Payne, P. 0. Box 3073, addressed Council on the recent newspaper reports which mixed information on noise with reports on the Sandbar Cafe controversy. He stated there is a commitment by the Management of the bar to improve the situation near the Coast Highway. Mr. Payne said the noise ordinance should be separated from the noise and crime near the beach. He inquired whether it is possible for the Sandbar to hire reserve police officers to help control the problems outside of the establishment. e 0 April 16, 1996 CITY COUNCIL Page 3 PUBLIC HEARINGS: 112 5. AB #13,609 - WEED ABATEMENT. Mayor Lewis opened the duly noticed Public Hearing at 6:18 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 Tern Nygaard, Council adopted RESOLUTION NO. 96- 134, ordering the Fire Chief to abate nuisance by having weeds, rubbish and refuse removed. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 20 6. AB #13,610 - NUISANCE ABATEMENT EXTENSION REQUEST. Mayor Lewis opened the duly noticed Public Hearing at 6:23 p.m., and issued the invitation to speak. Dan McClure, 3286 Highland Drive, owner of the property, stated he has gotten some of the work completed, but needs more time to complete the job. He said that there are three men living there who are helping with the clean up. Eric Miller stated they are trying to repair Mr. McClure’s vehicle, and if they get back on schedule, they could complete the clean up in the designated time. William Vinyard, 224 Astro Court, Vista, stated he wrote the proposal for the clean up of the property and they need the extension of time until December 26, 1996, to comply with City Council Resolution No. 96-66. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:32 p.m. ACTION: Mayor Lewis made a motion to adopt Resolution No. 96-135, extending the time allowed for abatement of the nuisance to June 12, 1996. AYES: Lewis and Finnila NOES: Nygaard, Kulchin and Hall The motion failed due to the lack of a majority. ACTION: On motion by Mayor Pro Tem Nygaard, Council denied the request for an extension of time to abate the public nuisance at 3286 Highland Drive. AYES: Nygaard, Kulchin and Hall NOES: Lewis and Finnila 0 0 31 April 16, 1996 CITY COUNCIL Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 7. AB #13,591 - ESTABLISHMENT OF ENTERTAINMENT LICENSE REQUIREMENTS. Mayor Lewis stated that there has been testimony given on this proposed ordinance by 28 speakers over the last two weeks, and he stated that it is clear that the proposed ordinance would not fully resolve the issue of impacts of bars and restaurants on adjacent residences. He suggested that staff outline other alternatives that could be explored. Staff indicated that one alternative would be to modify the Cabaret License Ordinance, and the issues to consider would be hours of operation, security, availability of parking and noise. Another alternative would be to conduct a parking study on the streets adjacent to the property and the issues to consider would be the feasibility of restricting parking on residential streets; impacts of restricted parking to adjacent property owners and enforcement of parking restrictions. The third alternative would be land use compatibiIity/consistency, and to direct staff to accelerate the processing of the Sandbar and other similar General Plan inconsistencies. Mayor Lewis asked the City Attorney to speak to the comment by the Attorney representing the Sandbar about an unconstitutional "taking" if Council limits the hours of operation. City Attorney Ron Ball stated the City is proceeding under the police power. A city can make and enforce any laws within its jurisdiction that are not in conflict with the general laws of the State. He said there are no general laws of this State that conflict with the proposed entertainment ordinance. Council Member Finnila said she would be interested in modifying the cabaret license, but not including the noise issue. Council Member Hall stated he felt the noise ordinance was not the answer. He suggested review of parking and land use compatibility. He also stated security should be mandatory at all of these establishments. He said that in some areas, there is little or no lighting, and he would like to see that studied. Council Member Kulchin stated that she felt some measurement for noise was needed, and if there is a noise control officer and the establishment does not comply, they should have to pay a fine. She also felt that land use compatibility is important. Mayor Pro Tem Nygaard expressed interest in pursuing the parking study and modifications, including hours of operation. Mayor Lewis stated the issue is parking, primarily, and land use compatibility. Council discussed possible revisions to the Cabaret License Ordinance, including provisions to address neighborhood concerns, such as hours of operation for music, security, availability of parking, and other issues. Council also discussed the need for a parking study (including the lighting situation) on the streets adjacent to the Sandbar Restaurant to examine the parking impacts on the neighborhood. 0 0 April 16, 1996 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council also discussed the need for information on properties where existing non-residential zoning is not consistent with a residential designation on the General Plan. ACTION: On motion by Mayor Pro Tem Nygaard, Council determined to take no action on the proposed Ordinance No. NS-356 and Resolution No. 96-120; and directed staff to proceed per Council discussion. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall RECESS: Mayor Lewis declared a recess at 7:33 p.m., and Council re-convened at 7:41 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 105 8. AB #13.561 - PROJECT SELECTION AND FUNDING ALLOCATIONS FOR THE 1996-97 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. Staff stated that notification was received that a total of $193,341 will be available for the Home Program, and staff recommends the additional $34,411 be allocated to the single-family residential rehabilitation program. Mayor Pro Tern Nygaard recommended that the money for the Section 108 Loan Repayment and the Administrative costs be deducted from the funds available prior to submittal to the Committee. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96- Development Block GranVHome Program; modified to include the additional $34,411 in the allocation to the single-family residential rehabilitation program; and directed staff to exclude the money for the Section 108 Loan Repayment and the Administrative costs from the funds available prior to submittal to the Committee. - 97, selecting specific projects for funding under the 1996-97 Community AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 68 9. AB #13,603 - ESTABLISHMENT OF COMMUNITY FOUNDATIONS TO ASSIST IN THE FUNDING OF COMMUNITY SERVICES AND ACTIVITIES. ACTION: On motion by Mayor Pro Tem Nygaard, Council directed staff to begin the process of creating a Carlsbad Community Foundation with the focus on the Library, and flexibility to look at other issues; to be administered by the City, with the idea that the Foundation will stand on its own at some point in the future. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 0 e April 16, 1996 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 102 10. AB #13,604 - ESTABLISHMENT OF A SPEED LIMIT ON FARADAY AVENUE FROM EL CAMINO REAL TO ORION STREET. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-357, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the amendment of Section 10,.44.320 to establish a prima facie 40 mile per hour speed limit upon Faraday Avenue from El Camino Real to its intersection with College Boulevard. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 79 11. AB #13,611 - REVISION OF INCLUSIONARY HOUSING IN-LIEU FEE. ACTION: On motion by Mayor Pro Tem Nygaard, Council directed staff to prepare a revision of the inclusionary housing in-lieu fee to provide a comparable burden to both large and small projects. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 78 12. AB #13,612 - PROHIBITING PRIVATE VEHICLE SALE ADVERTISEMENT ON PUBLIC RIGHT-OF- WAy. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-358, amending Title 10, Chapter 10.40, of the Carlsbad Municipal Code by the amendment of Subsection 10.40.01 5(b) prohibiting private vehicle sale advertisement on a public right-of-way and authorizing a peace officer to remove such vehicles from public lands. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 28 13. AB #13,613 - FORMATION OF A COMMITTEE TO REVIEW 1-5 CORRIDOR LANDSCAPE CONCEPT PIAN. Council Member Finnila recommended adding the entrances to the lagoons and El Camino Real; and Jefferson Street intersection. Mayor Lewis stated that he wanted nine members on the committee, and requested Council Members Kulchin and Hall to recommend members representing businesses; Council Member Finnila and Mayor Pro Tem Nygaard to select citizens at-large, and directed staff to notify the Planning Commission and Arts Commission that they should submit names of three members each to serve on this committee. Mayor Lewis stated that Mayor Pro Tem Nygaard would represent the Council on this committee. e e April 16, 1996 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Lewis, Council agreed to establish a committee of nine members to review and provide recommendations on the development of an Interstate 5 Corridor Landscape Concept Plan, comprised of one Council Member, two Planning Commissioners, two Arts Commissioners, two citizens and two representatives from businesses. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 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 16, 1996, was adjourned at 9:08 p.m. Respectfully submitted, ALETHA lilEtiL8Q- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk