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HomeMy WebLinkAbout1996-05-21; City Council; Minutesm 5 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 21, 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 Mayor Pro Tem Nygaard. APPROVAL OF MINUTES: None. PRESENTATIONS: Mayor Lewis presented a Proclamation to Bill Blair, Administrative Officer, 22nd District Agricultural Association and Del Mar Fair, in recognition of the MS. SAN DIEGO COUNTY WHEELCHAIR PAGEANT to be held this week. Margaret “Maggie” Parkinson, of Carlsbad, will be participating in the pageant. Joanne Wagner, representing the Lightning Soccer Club, presented an Appreciation Plaque to the City Council and the City of Carlsbad for the soccer fields provided in the City, noting that the team present tonight has just won the State Championship. CONSENT CALENDAR: Item #5 was 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 #lo, with the exception of Item #5, as follows: m 8 May 2 1, 1996 CITY COUNCIL Page 2 WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 40 1. AB #13,655 - APPROVAL OF PLANS AND SPECIFICATIONS FOR COMMUNITY DEVELOPMENT BUILDING RE-ROOF - CONTRACT NO. CS 96-2. Council adopted RESOLUTION NO. 96-177, approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids for the Community Development Building Re-roof. 39 2- AB #13.656 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of City investments as of April 30, 1996. 99 3. AB #13,657 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR FAIRWAYS - CT 90-23. Council adopted RESOLUTION NO. 96-178, accepting the public improvements, authorizing the City Clerk to record the Notice of Completion and release bonds, and directing the Community Services Department to commence maintaining the public improvements constructed on Corte de la Vista east of Alicante Road. 99 4. AB #13,658 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR ROYALTY SUBDIVISION - MS 93-3. Council adopted RESOLUTION NO. 96-179, accepting the public improvements, authorizing the City Clerk to record the Notice of Completion and release bonds, and directing the Community Services Department to commence maintaining the public improvements constructed at 3930 Skyline Road. 99 5. AB # 13,659 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR HUBBS SEA WORLD- PD 426. This item was removed from the Consent Calendar. m 5 May 2 1, 1996 CITY COUNCIL Page 3 CONSENT CALENDAR: (Continued) 99 6. AB #13,660 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE VILLAS AT EL CAMINO REAL - PD 43 1. Council adopted RESOLUTION NO. 96-181, accepting the public improvements, authorizing the City Clerk to record the Notice of Completion and release bonds, and directing the Community Services Department to commence maintaining the public improvements constructed south of Camino Vida Roble on El Camino Real. 99 7. AB #13,661 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR PRICE CLUB - PD 397. Council adopted RESOLUTION NO. 96-182, accepting public improvements, authorizing the City Clerk to record the Notice of Completion and release bonds, and directing the Community Services Department to commence maintaining the public improvements constructed on Palomar Airport Road east of Paseo Del Norte. 74 8. AB # 13.662 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF BARBARA GORISHEK. Council adopted RESOLUTION NO. 96-183, approving the Stipulations with Request for Award authorizing the payment of $7, 437, at the rate of $148 per week, to Barbara Gorishek as settlement of her workers’ compensation claim. 99 9. AB #13,663 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 90-30-1, UNIT 1 - AVIARA PLANNING AREA 30. Council adopted RESOLUTION NO. 96-184, approving the Final Map for Carlsbad Tract 90-30-1, Unit 1. 97 10. AB #13,664 - AWARD OF CONTRACT FOR ALGA ROAD CHIP SEAL - 45 PROJECT NO. 3305. Council adopted RESOLUTION NO. 96-185, accepting bids and awarding a contract to California Pavement Maintenance Company, Inc., in the amount of $91,42 1, for chip sealing of a portion of Alga Road. ITEM REMOVED FROM THE CONSENT CALENDAR: 99 5. AB #13,659 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR HUBBS SEA WORLD - PD 426. Margaret Bonas, 231 Olive Avenue, stated she would like to know what public improvements had been constructed by Hubbs Sea World. m 8 May 21, 1996 CITY COUNCIL Page 4 ITEM REMOVED FROM THE CONSENT CALENDAR: (Continued) City Engineer Lloyd Hubbs explained that Hubbs Sea World had completed the water line that supports the fire hydrant, and improvements to the driveway intersection at Garfield, including the sewer connection. ACTION: On motion by Mayor Pro Ten1 Nygaard, Council adopted RESOLUTION NO. 96-180, accepting the public improvements, authorizing the City Clerk to record the Notice of Completion and release bonds, and directing the Community Services Department to commence maintaining the public improvements constructed south of Garfield Street and north of Agua Hedionda Lagoon. AYES: Lewis, Nygaard, Kulchin and Finnila ABSTAIN: Hall ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The Farewell for Reggie Harrison, Housing & Redevelopment employee, at the Coyote Restaurant, on Thursday, May 23, 1996, at 5:30 p.m. The Tour of the Four Seasons Hotel construction progress at the Four Seasons Hotel site, on Friday, May 24, 1996, at 3:30 p.m. The LEG0 Promotional Ceremony at the Plaza Camino Real Mall, on Sunday, May 12, 1996, at 12:OO noon. The Southwest Quadrant Meeting in the City Council Chambers on Tuesday, May 28, 1996, at 7:OO p.m. The La Costa Avenue improvements groundbreaking, at La Costa Avenue and Interstate 5, on Wednesday, May 29, 1996, at 12:OO noon. PUBLIC COMMENT: There were no requests to address the Council. m 8 May 2 1 , 1996 CITY COUNCIL Page 5 PUBLIC HEARING: 108 11. AB #13,665 - APPEAL OF PLANNING COMMISSION DENIAL OF ADMINISTRATIVE VARIANCE - TARYAN FENCE - AV 95-2. Mayor Lewis opened the duly noticed Public Hearing at 6:23 p.m., and issued the invitation to speak. John Taryan, 11 10 Camino del Sol Circle, stated that the house next to their property is a rental and there are children and pets there, and when the original fence deteriorated, there were children and dogs coming into the pool area and onto the pump house rooftop. He said there is a plastic cover on the pool, and if anyone walked onto that, they would sink into the pool. Mr. Taryan stated he does not want any tragic accident to occur with the pool. He presented pictures of the pool area, copies of which are on file in the City Clerk’s Office. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:30 p.m. Council Members had visited the site and expressed the opinion that for safety, they concurred that the fence should remain in place. ACTION: On motion by Mayor Pro Tem Nygaard, Council directed the City Attorney to prepare documents granting the appeal and approving Administrative Variance 95-2 to allow an increase in fence height at 11 10 Camino del Sol Circle. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall DEPARTMENTAL AND CITY MANAGER REPORTS: 113 12. AB #13,666 - ADOPTION OF RESOLUTION OF INTENTION TO AMEND THE ZONING FOR THREE PARCELS LOCATED ALONG CARLSBAD BOULEVARD TO CONFORM TO THE GENERAL PLAN AND LOCAL COASTAL PROGRAM. Council Member Hall stated he would not participate in the discussion or action on this matter due to a conflict of interest, and he left the dais. Julie Frazee, 2094 Linda Lane, spoke in opposition to the proposal, stating she lives a block and a half from the SandBar, and likes the restaurant. She said the seed man has been there all her life and she sees no reason to change those places or take them away. m 8 May 21, 1996 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Jason Terry, 3810 Carlsbad Boulevard, spoke in opposition to the proposal, stating he has lived there eight years, and previously had wanted the SandBar out of there; however, it has changed the past year. He said a couple of weeks ago he noticed people who had frequented the SandBar, leaving the area and being singled out for tickets by a Carlsbad Police Officer. Jeff Miller, 821 Kalpati Circle, spoke in opposition, stating he is a bartender at the SandBar and Ms. Eubanks has made many improvements to the restaurant. It is a friendly place and there has been a change in the clientele with the change in the music and the addition of security guards. He asked the Council to work with these property owners. Jeanne Carey, 821 Kalpati Circle, spoke in opposition, stating she is a waitress at the SandBar and Mitze Eubanks cares about her well-being and that of her other employees. There is a wide range of customers at the SandBar and if she is put out of business, 25 employees will also be out of work. Tom Cruse, 43020 Corte Fresca, employee of the SandBar since 1992, spoke in opposition, stating Ms. Eubanks has remodeled and changed the restaurant and tried to correct the sound level problem. John Gailey, 941 Aspen Court, spoke in opposition, stating he is a patron of the SandBar, and that the SandBar is the only restaurant in that area all the way up to the power plant that provides food and drink for the people going to the beach, and the last one going north until you get to the downtown area. He felt there could be a compromise on the problems at night, and on the weekends this is a family place. Allen Thomas, 3780 Kilroy Airport Way, Long Beach, Attorney for Ms. Eubanks, requested that his letter dated May 20, 1996, be made a part of the record (copy is on file in the City Clerk’s Office), and the Minutes of the April 9 meeting and the comments. He stated the letter outlines the history of that land area and the restaurant that has existed since 1927. Mr. Thomas stated Ms. Eubanks has spent over a million dollars to purchase the restaurant and make the improvements she has made to that property. He said the Council is now asking staff to start in motion a process that has a logical conclusion which would be to put Ms. Eubanks out of business. He stated she is operating under a CUP, and the focus of this Council would be in contradiction to that concept, and would affect her vested right. Mr. Thomas said if the Council intended to allow her to continue to operate the restaurant there, why are they taking this action. m s May 2 1, 1996 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mitze Eubanks, 3878 Carlsbad Boulevard, owner of the SandBar, stated she felt it was necessary to stand before the Council and defend herself and oppose the re-zoning. She explained that she has improved the operation of the SandBar in every way possible to be a good neighbor. Ms. Eubanks said that the neighbors complaining knew the restaurant was there when they moved into that neighborhood, and stated she has 650 signatures opposing the re-zoning, which she submitted to the City Clerk. Ms. Eubanks submitted photographs, a magazine article about the restaurant (copies of which are on file in the City Clerk’s Office). Ms. Eubanks stated her restaurant is the only one near the beach in that area, and she asked the Council to vote against the resolution. Margaret Bonas, 231 Olive Avenue, stated she was speaking in opposition to this proposed resolution. The SandBar and the seed store have been at that site since Carlsbad Boulevard was Highway 101. She stated the seed store has been a part of Carlsbad’s history and she has known Mr. Ledgerwood over 30 years. This has been a tourist attraction, and the Northwest Quadrant needs to retain these existing uses. This is the gateway to the beaches and is used by local residents and tourists. Charles Ledgerwood, 3862 Carlsbad Boulevard, stated he purchased the property in 1927, and has never had any complaints against his operation there. He gave the history of the seed business he has operated over the years and stated his store is the last remaining seed business in southern California. In reply to Council query, Mike Holzmiller, Planning Director, stated that during the General Plan update, there were four additional parcels identified in the City that are non-conforming. The only difference about these parcels, is that this would be expediting the process, but the City is required to take action to make the zoning and General Plan consistent. City Attorney Ron Ball stated that this action would allow the Planning Director to move forward to bring consistency into the City’s planning documents. The General Plan is the most important land use document the City has, and everything else must be consistent. This would assist the property owners either way to clarify and bring certainty to the planning documents, and the law requires the City to do that. Mr. Ball stated there is nothing before the Council about any nuisance consideration, and there would be no legal impact from the proposed action this evening. He stated this action does not affect anyone’s legal right, vested or not, but would allow the process to go forward to cure the ambiguities. If the properties were rezoned, these uses would then be legal, non-conforming uses. m 8 May 2 1, 1996 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-168, declaring the intention to amend the zoning designation for three parcels located along Carlsbad Boulevard from C-2 to R-H to conform with the General Plan and Local Coastal Program for the property. AYES: Lewis, Nygaard, Kulchin and Finnila ABSTAIN: Hall Council Member Hall returned to the dais. RECESS: Mayor Lewis declared a recess at 7:44 p.m., and Council re-convened at 7:55 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 13. AB #13.667 - REQUEST FOR ADDITIONAL FINANCIAL ASSISTANCE FOR 113 THE LAUREL TREE APARTMENTS AFFORDABLE HOUSING PROJECT.(SDP 95-1) ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-186, approving an appropriation of $200,000 from the City of Carlsbad’s Housing Trust Fund to provide financial assistance to the affordable housing project known as the Laurel Tree Apartments project. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 29 14. AB #13,668 - PROPOSED 1996-97 TO BUILDOUT CAPITAL IMPROVEMENT 79 PROGRAM AND FEE CHANGES Staff overviewed the Capital Improvement Program and proposed fee changes. They also referenced an Issue Statement for the Construction of South Carlsbad Library, and stated there were alternatives given, with staff recommending Alternative 2. The Alternatives are: 1. Move the planned library improvements back one year, which will defer the opening of the South Carlsbad Library to fiscal year 2000-2001. m s May 2 1, 1996 CITY COUNCIL Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 2. Maintain the planned construction of the new library beginning in fiscal year 1997-98 and the subsequent remodel of the Cole Library in 1999- 2000 as shown in the proposed CIP. However, instruct staff to review these issues once more with Council before any commitment is made to move forward with the construction of the new library. Council should be aware that should the City proceed with the construction of the new library, it may be necessary to operate the libraries at a reduced level until General Fund revenues are sufficient to absorb the additional costs. Steven Cade, 3450 James Drive, stated that the public facility in Carlsbad that is the most over capacity, is the swimming pool. He stated he has observed this over the last ten years, and it is 50 to 60 percent over capacity, and will continue to get worse. He said that people are constantly turned away from the pool due to the over-crowding and he asked Council to consider placing the proposed new pool closer to the freeway in the Southwest Quadrant. Alan Kindle, 2622 El Aguila, representing Friends of Carrillo Ranch, addressed Council with regard to the Carrillo Ranch, and the three-year gap before the second planning phase can begin. He said there should be a continuous process and asked Council to plug this important funding deficiency. He requested that Council ask staff to look at the schedule for Carrillo Ranch and come to the public hearing with options for their goals. Council Member Finnila expressed concern about funding, and recommended Alternative #1 for the Library. ACTION: On motion by Mayor Pro Tem Nygaard, Council approved Alternative #2 of the Issue Statement for the Construction of the South Carlsbad Library, as detailed above. AYES: Lewis, Nygaard, Kulchin and Hall NOES: Finnila ACTION: On motion by Mayor Pro Tern Nygaard, Council accepted the report on the proposed 1996-97 to Buildout Capital Improvement Program and recommended fee changes; and directed staff to set the matters for a public hearing on June 18, 1996. -. AYES. Lewis, Nygaard, Kulchin, Finnila and Hall L 8 May 2 1, 1996 CITY COUNCIL Page 10 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 28 15. AB #13,623 - HOUSING COMMISSION APPOINTMENT. This item was continued 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 May 2 1: 1996, was adjourned at 9: 10 p.m. Respectfully submitted, ak&&B Ry ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk