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Home My WebLink About1996-07-16; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 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 Hall. APPROVAL OF MINUTES: On motion by Mayor Pro Tern Nygaard, Council unanimously approved the Minutes of the following Meetings, as presented: Minutes of the Special Meeting held June 18, 1996. Minutes of the Regular Meeting held June 18, 1996. Minutes of the Special Meeting held June 25, 1996. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Ten1 Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #I through #3, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 0 0 11 105 15 24 54 $5 77 113 114 July 16, 1996 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) . 1. AB #13.738 - SETTLEMENT OF LAWSUIT ENTITLED CITY V. WIEGAND PROPERTIES. Council adopted RESOLUTION NO. 96-254, approving a stipulated judgment in the lawsuit entitled City of Carlsbad v. Wiegand Properties, Case No. 071050, and appropriating $70,000 to complete the Olivenhain Road Widening Project for acquisition of a desiltation basis. 2. AB #13,739 - APPROVAL OF COOPERATIVE AGREEMENT FOR FORMATION OF THE HOME INVESTMENT PARTNERSHIP FUNDING PROGRAM. Council adopted RESOLUTION NO. 96-255, approving a cooperative agreement between the Cities of Carlsbad, Encinitas, Vista, Santee, LaMesa and the County of San Diego, for the formation of a consortium for the federal HOME Investment Partnership Program. 3. AB #13,744 - AUTHORIZATION FOR PURCHASE OF MITIGATION CREDITS FOR THE POINSETTIA LANE/I-5 INTERCHANGE WIDENING PROJECT. Council adopted RESOLUTION NO. 96-258, authorizing the purchase of 2.1 acres for mitigation for the Poinsettia Lane/I-5 Interchange Program from the Carlsbad Highlands Conservation Bank at a cost of $39,900, and authorizing the Mayor to execute an agreement with Bank of America to handle the purchase. ORDINANCES FOR ADOPTION: 4. AB #13,743 - LOCAL COASTAL PROGRAM EFFECTIVE CERTIFICATION - LCPA 95-15/MP-177(o)MP-l75(G)/MCA 96-1/ZCA 95-3. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS-364, amending Title 19 of the Carlsbad Municipal Code by the addition of a section implementing the Local Coastal Permit Program for the City’s Local Coastal Programs in the Mello I, I1 and East and West Batiquitos Lagoon segments. Case No. MCA 96- 01; and 0 0 July 16, 1996 CITY COUNCIL Page 3 ORDINANCES FOR ADOPTION: (Continued) adopted ORDINANCE NO. NS-365, amending Title 21 of the Carlsbad Municipal Code by the addition and amendment of various sections and by the addition of Chapters 21.201-205, all implementing the Local Coastal Permit Program for the City’s Local Coastal Programs in the Mello I, I1 and East and West Batiquitos Lagoon segments. Case No. ZCA 95-03; and adopted ORDINANCE NO. NS-366, amending the Aviara Master Plan by the amendment of various sections which add suggested modifications previously made by the California Coastal Commission. Case No. MP 177(Q); and adopted ORDINANCE NO. NS-367, amending the Poinsettia Shores Master Plan by the amendment of various sections which add suggested modifications previously made by the California Coastal Commission. Case No. MP 175(G). AYES: Lewis, Nygaard, Kulchin, Finnila and Hall PUBLIC COMMENT: There were no requests to address the Council. PUBLIC HEARING: 30 5. AB #13,740 - DECLARATION OF PUBLIC NUISANCE FOR PROPERTY LOCATED AT 4702 TELESCOPE AVENUE. Staff displayed photos of the damage to the structure as a result of the fire, and noted the safety hazards. It was also reported that the owner had secured a demolition permit on July 10, 1996. Mayor Lewis opened the duly noticed Public Hearing at 6: 14 p.m., and issued the invitation to speak. A1 Tamasebi, 7420 Esfera Street, owner of the property at 4702 Telescope Avenue, stated he had problems with the lender and the insurance company, but they have now resolved their differences. He said that he is now waiting for SDG&E to stop the gas service to the house, and he should then be able to start demolition in approximately three weeks. Mr. Tamasebi stated he would be saving the landscaping, foundation and the pool. He also stated he could put another fence around the swimming pool to keep skateboarders out, but questioned whether it would really help. 0 0 July 16, 1996 CITY COUNCIL Page 4 PUBLIC HEARING: (Continued) Bill Collins, 4495 Sunnyhill, President of the Sunset Place Association, the homeowners association of which this property is a member, addressed Council. He stated he supported the statements he made two weeks ago that in the opinion of the Board of Directors, this property is a public nuisance. Mr. Collins stated that he was not aware of Mr. Tamasebi’s intention to save any of the structure. He said that any rebuilding would have to be approved by the Architectural Committee. He stated his interest in getting the pool area secured to stop the children from skateboarding there. He felt an additional chain link fence would be necessary to stop easy access to the property. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:22 p.m. Council Member Hall suggested putting sand in the pool and covering the drains to stop the skateboarders. Council Member Finnila stated she would like to see the homeowners association work with Mr. Tamasebi in any way they can. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 96-256, declaring a public nuisance at 4702 Telescope Avenue, APN 207-412-18-00, and directed that the swimming pool be secured. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:31 p.m., and re-convened at 7:26 p.m., with all five Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 102 6. AB #13,741 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF LA COSTA AVENUE. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-368, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the amendment of Section 10.44.070 to establish a prima facie 45 mile per hour speed limit upon La Costa Avenue from Rancho Santa Fe Road to Camino De Los Coches. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall 0 0 31 July 16, 1996 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 7. AB #13.742 - CONSIDERATION OF AMENDMENT TO CABARET DANCE PERMIT ORDINANCE. Mitze Eubanks, owner of the SandBar Cafe, 3878 Carlsbad Boulevard, requested clarification of the changes in the ordinances, asking why the Community Development Director is to enforce the ordinance rather than the Police Department. She also inquired whether tables and chairs could be placed on the dance floor during the daytime hours. Staff indicated that portable tables and chairs would continue to be allowed to be placed on the dance floor during the hours when there is no dancing, as long as the establishment does not exceed the maximum occupant load. City Attorney Ron Ball indicated it would be more advantageous to have the City enforce the ordinance through the code enforcement, which is consistent with enforcement procedures for other City Ordinances. City Attorney Ron Ball requested a change in Ordinance No. NS-369; Section 8.09.017, to read: The City Manager or his designee may adopt guidelines to administer this Chapter. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-369, amending Title 8, Chapter 8.09, Regulating Cabaret Dances; as amended, and introduced ORDINANCE NO. NS-370, amending Title 1, Chapter 1.08, to include penalties and enforcement authority for violations of Chapter 8.09; and adopted RESOLUTION NO. 96-257, establishing the fees for City services. 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. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: e a July 16, 1996 CITY COUNCIL Page 6 ANNOUNCEMENTS: (Continued) The Salute to Law Enforcement Ceremony, at the Scottish Rite Center, San Diego, on Wednesday, July 17, 1996, at 6:30 p.m. The North County Mayors & Managers Luncheon, at the Hubbs Fish Hatchery on Thursday, July 18, 1996, at 11:45 p.m. ADJOURNMENT: By proper motion, the Regular Meeting of July 16, 1996, was adjourned at 7:47 p.m. Respectfully submitted, o.eaY4L AP- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk