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HomeMy WebLinkAbout1996-05-14; City Council; Minutes (2)e a MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 14, 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:Ol 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. APPROVAL OF MINUTES: None. PRESENTATIONS: Mayor Lewis presented a Proclamation to Members of VFW Post #11505 for BUDDY POPPY DAYS. Mayor Lewis presented a Proclamation to Police Captain Suttle for PEACE OFFICERS MEMORIAL DAY. Mayor Lewis presented a Proclamation for ATHLETIC RECOGNITION to De Anna Sodoma. Mayor Lewis presented a Proclamation to the Chairman of the Historic Preservation Commission for NATIONAL HISTORIC PRESERVATION WEEK. Council Member Finnila read the names of the 18 award-winning artists from the third grade elementary schools and they were presented awards from Mayor Lewis. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #6, as follows: a 0 May 14, 1996 CITY COUNCIL 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. 105 1. AB #13.646 - APPROVAL OF 1996-97 CONSOLIDATED FUNDING PLAN FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAM. Council adopted RESOLUTION NO. 96-169, approving the submission of the 1996-97 Draft Consolidated Funding Strategy and Plan to the U. S. Department of Housing and Urban Development (HUD). 87 2. AB #13,647 - APPROVAL OF SAN DIEGO COUNTY REGIONAL 800 MHZ COMMUNICATIONS SYSTEM ANNUAL BUDGET FOR COUNTY SERVICE AREA NO. 135 - ZONE A. Council adopted RESOLUTION NO. 96-170, approving the 1996-97 fiscal budget for County Service Area (CSA) No. 135 - Zone A, and requesting the levy of benefit charges for CSA No. 135 for the continued inclusion of the City of Carlsbad in the regional public safety 800 MHz radio communication system. 70 3. AB #13,648 - APPROPRIATION OF FUNDS FOR POINSETTIA PARK TENNIS COURTS PHASE I, PROJECT NO. 3348. Council adopted RESOLUTION NO. 96-171, appropriating additional funds for construction of three lighted tennis courts at Poinsettia Park, Phase I, and authorizing the City Manager to approve the change order in an amount not to exceed $180,000. 77 4. AB #13.649 - APPROVAL OF ANNEXATION NO. 95/96-3 (GREEN VALLEY) 99 TO COMMUNITY FACILITIES DISTRICT NO. 1. Council adopted RESOLUTION NO. 96-172, certifying and adding property known as the Green Valley property to the existing Community Facilities District No. 1. 77 5. AB #13,650 - APPROVAL OF ANNEXATION NO. 95/96-2 (NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD) TO COMMUNITY FACILITIES DISTRICT NO. 1. Council adopted RESOLUTION NO. 96-173, certifying and adding property known as the North San Diego County Transit Development Board property to the existing Community Facilities District No. 1. 0 0 May 14, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 51 6. AB #13.654 - APPROVAL OF AGREEMENT FOR AMBULANCE BILLING 45 SERVICES. Council adopted RESOLUTION NO. 96-174, approving a contract with Wittman Enterprises for provision of ambulance billing services, and authorizing the Mayor to execute the agreement. PUBLIC COMMENT: Sandy Mabry, Oceanside, presented a short video showing Michael’s in the Carlsbad mall where spray paint cans are available for anyone to remove from the shelves. She asked Council to consider a graffiti ordinance such as Oceanside has enacted, which establishes penalties and fines for those establishments that don’t lock up all spray paint cans. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The welcome and luncheon with Coastal Conservancy Board Members, at the Batiquitos Lagoon Info Center and Aviara Clubhouse, on Wednesday, May 15, 1996, at 10:30 a.m. and 12:30 p.m. The Carlsbad Unified School Board Meeting, at the Aviara Oaks School, on Wednesday, May 15, 1996, at 7:OO p.m. The North County Convention & Visitors Bureau Opening, at 6120 Paseo Del Norte, on Friday, May 14, 1996, at 4:OO p.m. - 6:OO p.m. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:22 p.m., and re-convened at 7:26 p.m., with all five Members present. e 0 May 14, 1996 CITY COUNCIL Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 86 7. AB #13,651 - REQUEST FOR WAIVER OF EQUIVALENT,DWELLING UNIT FEES - BURROWS SOUTHCOAST, INC. (PALOMAR AIRPORT CAFE). Richard Lee Sax, 2 192 Palomar Airport Road, Attorney for Burrows Southcoast, Inc., addressed Council regarding their request to have the EDU fees eliminated for the planned expansion of the Palomar Airport Cafe from its current 49 seat status to plus or minus 80 seats. He explained that within two years this facility will be torn down, and at that time the EDU fees will be paid for a new restaurant. Mr. Sax stated it would be impossible to keep the restaurant in operation if they have to pay the $17,000 fees for such a short time. He suggested a compromise of postponing the EDU fee for the new balcony addition until the construction of the new restaurant or two years, whichever comes first. In response to Council query, staff indicated that the former tenant had been operating illegally for the past five years by using the small balcony to seat approximately 80 people. In July, 1995, Burrows Southcoast inquired what it would take to make the operation legal for a new tenant and was informed of the options to either fix the structure to accommodate 80 seats or reduce the occupancy to 49. Mayor Lewis suggested a compromise of allowing them to operate for one year without paying the fees, and then at the end of the first year, require the fee to be paid. Council Member Hall stated that the outdoor seating at all restaurants in Carlsbad needs to be studied at this time, and how the City will charge for that. He recommended that staff be directed to prepare a report addressing this issue and also recommendations regarding outdoor seating, fees and permitting process. Council Member Finnila agreed that the outside seating and tables needs to be studied, but stated that this situation had existed for eight years. She felt that the restaurant should be grandfathered for two years. This is the only restaurant at the airport and within two years there will be a new restaurant. The City Attorney stated it was an illegal use and the Attorney’s office needs to investigate to determine if there is any authority to grant a waiver of the fee. ACTION: On motion by Council Member Kulchin, Council directed staff to provide a report with additional information at the meeting of June 4, 1996. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 0 a May 14, 1996 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) City Manager Ray Patchett stated that staff will also return with a report concerning timing and impact on staff’s workload should Council desire the issue of outdoor seating at restaurants to be studied and processed. RECESS: Mayor Lewis declared a recess at 7:59 p.m., and Council re-convened at 8: 11 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 84 8. AB #13.642 - DISPOSAL OF SURPLUS COMPUTERS. Staff stated that two new requests for donations had been received since last week, and they are from the Girls Club and the Boys and Girls Club. Mary Lou Clift, 300 Escondido Avenue, Vista, referenced a letter from the Vista Boys and Girls Club asking for ten computers for their Club. Jay Howard, 7208 Columbine Drive, requested Council to donate as many computers as possible to the Carlsbad Unified School District. Carman Cedola, 7029 Ivy Street, Carlsbad Boys and Girls Club, stated that a newspaper article had indicated that the School District intended to use 35 of the computers in a keyboarding class, which he felt would be a waste for the computers. He said this is valuable equipment and should not be put to that kind of application. He said that the Boys and Girls Club will have a program to help the youngsters learn computers for their futures, and there will be no video games. Steve Fehlhaber, 2802 State Street, Carlsbad Girls Club, requested 15 computers for use by the girls for their homework and to learn how computers work. Council Member Finnila stated she felt the computers would be better in the schools and would reach a larger population of Carlsbad children.. Council Member Hall stated he felt the Girls Club and Boys and Girls Club should have a few of the computers; perhaps ten each. Council Member Kulchin concurred with Council Member Hall and said the educational system should also get some computers. Mayor Pro Tem Nygaard stated she wanted the computers to go to the schools. 0 e May 14, 1996 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis stated he felt there was an obligation to the schools wherever Carlsbad children are attending. ACTION: On motion by Mayor Lewis, Council directed staff to donate ten computers each to the Carlsbad Boys and Girls Club and the Carlsbad Girls Club, and donate the remainder to the educational process, with them to be distributed proportionately to the schools within the boundaries of the City. AYES: Lewis, Kulchin and Hall NOES: Nygaard and Finnila 85 9. AB #13,652 - REPORT ON ISSUES RELATED TO THE PROPOSED CITYWIDE TRAIL SYSTEM. Gene Huber, 6407 El Pato Court, stated he owns property between Adams Street and Agua Hedionda Lagoon, and is a member of the Agua Hedionda Foundation and on the Board of Directors. He stated he is speaking as a landowner who is affected by the proposed trail system. He said he does not know where the trail goes, and since he owns a lot 75 feet wide, it is important that he know the exact alignment. He said he is in favor of the trail system, but cannot support it until he knows the alignment of the trail. Robert Wilkinson, 2277 Cameo Road, stated he worked with a group of citizens during the 80’s to look at the open space issues, and that group came up with a list of recommendations, One of those recommendations was a trail system, and he asked Council to move forward and make the trail system a reality. Gary Hill, 3289 Donna Drive, stated he supports the trail system, and said that one way to do this would cost the citizens a couple of million dollars, and another possible way would be to spend a few dollars on signs and put in some unimproved trails. Mr. Hill said he wouldn’t mind walking on unimproved trails, as this would help the liability problem and lower maintenance. Mayor Pro Tern Nygaard stated a letter had been received from Tom King dated May 11, 1996, and a copy of that letter is on file in the City Clerk’s Office. Mayor Lewis stated that an educational program is necessary before this matter is put on the ballot. He felt the public would not accept a bond issue at this time, and the financing of the trail system is the most important issue. He said he would favor an advisory vote initially to see whether the citizens are in favor of a trail system, and if they are, then the financing measure be placed on the ballot in 1998.. a 0 May 14, 1996 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council discussed the matter of whether any estimated dollar amounts should be included in the advisory measure and implications of same. City Manager Ray Patchett stated that staff will examine a ballot measure and alternatives to look at that another time. Staff will develop a calendar to consider the measure and give Council more information. ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted RESOLUTION NO. 96-175, directing staff to require developers to bond for future trail improvements, as amended to request additional information to determine whether to place an advisory measure on the ballot, and appropriating funds for the update of the Open Space and Conservation Resource Management Plan. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 28 10. AB #13,653 - ESTABLISHMENT OF A COMMITTEE FOR THE 1-5 CORRIDOR LANDSCAPE CONCEPT PLAN. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 96-176, establishing a committee to assist in the development of an 1-5 corridor landscape concept plan, and appointing the following members: Mayor Pro Tern Nygaard - City Council Member Tom Erwin and Kim Welshons - Planning Commissioners Laurie Batter and Susan Pynes - Arts Commissioners Ed Scarpelli and Hap L’Heureux - Citizens at Large Jim Finney and Tony Lawson - Business Interests AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 28 11. AB #13.625 - HISTORIC PRESERVATION COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION N0.96-152, reappointing John Jones to the Historic Preservation Commission; and RESOLUTION NO. 96-153, reappointing Gordon Bizieff to the Historic Preservation Commission. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall * 0 May 14, 1996 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS 28 12. AB #13,623 - HOUSING COMMISSION APPOINTMENT. This item was continued. 28 13. AB #13.624 - SISTER CITY COMMITTEE APPOINTMENTS. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted the following Resolutions: RESOLUTION NO. 96-146, appointing Gary Stetzel to the Sister City Committee. RESOLUTION NO. 96-147, reappointing Bill Dominguez to the Sister City Committee. RESOLUTION NO. 96-148, appointing Mary Jo Kerlin to the Sister City Committee. RESOLUTION NO. 96-149, appointing Adam David Finley to the Sister City Committee. RESOLUTION NO. 96-150, appointing Barbara Brill to the Sister City Committee. RESOLUTION NO. 95-151, appointing Michael Klima to the Sister City Committee. 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 May 14, 1996, was adjourned at 9:48 p.m. Respectfully submitted, ALETHA w;QRe;R.a-3 L. RAUTENKRANZ City Clerk Harriett Babbitt, Minutes Clerk