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Home My WebLink About1997-02-04; City Council; Minutes (2).- t 0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 4,1997 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:22 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Nygaard, Mayor Pro Tem Finnila and Mayor Lewis. Absent: Council Member Kulchin INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. APPROVAL OF MINUTES: None CONSENT CALENDAR: Council Member Nygaard removed Item #5 from the Consent Calendar. ACTION: On motion by Mayor Pro Tern Finnila, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #8, with the exception of Item #5, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 44 1. AB #14,014 - APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES WITH 45 WATSON WYATT AND COMPANY. Council adopted RESOLUTION NO. 97-32, approving a contract with Watson Wyatt & Company to assist the Human Resources Department in the development and implementation of a revised performance-based management compensation plan. 0 0 35 78 99 81 78 45 44 45 04 February 4, 1997 CITY COUNCIL Page 2 2. AB #14,028 - REQUEST FOR AUTHORITY TO DESTROY RECORDS. Council adopted RESOLUTION NO. 97-46, authorizing the destruction of certain records kept by the City Attorney. 3. AB #14,029 - REQUEST FOR AUTHORITY TO DESTROY RECORDS. Council adopted RESOLUTION NO. 97-47, approving the authorizing the destruction of certain files kept by the Carlsbad Police Department. 4. AB #14,030 - APPROVAL OF REIMBURSEMENT OF DRAINAGE COSTS - EAGLE CANYON. CT 91-02. Council adopted RESOLUTION NO. 97-48, approving the reimbursement of drainage costs in excess of fee obligation. 5. AB #14,03 1 - ACCEPTANCE OF DONATIONS. This item was removed from the Consent Calendar. 6. AB #14,032 - APPROVAL OF AGREEMENT TO PROVIDE G.U.I.D.E. PROGRAM COUNSELING SERVICES. Council adopted RESOLUTION NO. 97-50, approving an agreement with Penny Velazquez to provide Guide Counseling Services. 7. AB #14.038 - APPROVAL OF CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES WITH O’DAY CONSULTANTS. Council adopted RESOLUTION NO. 97-54, approving a consultant agreement with O’Day Consultants, Inc., for the design of the improvement plans, project specifications and cost estimates for Cannon Road widening fiom Interstate 5 to Paseo del Norte, Project No. 3437. 8. AB #14,033 - REQUEST FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDING FROM SANDAG FOR FOUR PROJECTS. Council adopted RESOLUTION NO. 97-51, authorizing Staff to pursue Transportation Development Act (TDA) funding fiom SANDAG for construction of bicycle and pedestrian facilities in various locations throughout Carlsbad. 0 0 February 4, 1997 CITY COUNCIL Page 3 ITEMS REMOVED FROM CONSENT CALENDAR: 81 5. AB #14.03 1 - ACCEPTANCE OF DONATIONS. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. - 97-49, accepting donations of merchandise and financial contributions valuing a total of three thousand four hundred dollars ($3,400) in support of the Youth Basketball Program and the Youth Baseball Clinic. AYES: Lewis, Finnila, Nygaard and Hall ORDINANCES FOR ADOPTION: 13 9. AB #14.035 - ADOPTION OF ORDINANCE NO. NS-393 - ZC 93-4(A), OCEAN BLUFF. ACTION: On motion by Mayor Pro Tem Finnila ,Council adopted ORDINANCE NO. NS- -9 393 amending Title 21 of the Carlsbad Municipal Code by an amendment to the Zoning Map, to grant a zone change from R-1 to R-1-7500-Q on property generally located at the northwest comer of future Poinsettia Lane and Blackrail Court, in Local Facilities Management Zone 20. AYES: Lewis, Finnila, Nygaard, and Hall 11 10. AB #14,036 - ADOPTION OF ORDINANCE NO. NS-394 - STORM WATER MANAGEMENT 13 AND DISCHARGE CONTROL. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- - 394, amending Section 1.08.010 and enacting a new Chapter 15.12 relating to storm water management and discharge control. AYES: Lewis, Finnila, Nygaard, and Hall PUBLIC COMMENT: Mr. Robert Ladwig of Ladwig Design Group, Inc., 703 Palomar Airport Road, Suite #300, Carlsbad, distributed a letter to the City Council, dated February 4,1997, (a copy of which is on file with the City Clerk) in which he requested the Council’s interpretation of Condition No. 3 of PC Resolution No. 3882 and Staffs position to require his company to process their Site Development Plan and Hillside Development Permit Amendments along with their Coastal Development Permit through the City Council. He pointed out that the Planning Commission and the City Council have already approved the tentative map as prescribed, the grading is nearing completion and they are ready to “pull” the building permits. Mr. Ladwig stated that his company is anxious to begin building the models at the site and asked that this project not be required to come back before the Council causing an approximate 6 week (or longer) delay in construction. City Attorney Ron Ball stated that his office would look into the matter and report to the appropriate persons. 0 e February 4, 1997 CITY COUNCIL Page 4 PUBLIC HEARING: 78 11. AB #14,132- PROPOSED USE OF DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS. Deputy District Attorney Ann Barber explained what the Drug Court is, how it works and how it is affiliated with the County. Ms. Barber, who is also the Chairperson of the Steering Committee for the Drug Court, stated the implementation and support of this program will save the taxpayers the expense of prosecuting and incarcerating many adult drug offenders and urged the Council’s adoption of this Resolution. Mayor Lewis opened the duly noticed Public Hearing at 6:33 p.m., and issued the invitation to speak. Since no one wished to speak, the Public Hearing was closed at 6:33 p.m. ACTION: On motion by Mayor Pro Tem Finnila , Council adopted RESOLUTION NO. 97- and appropriating the funds to support the new North County Drug Court Program and finance a portion of the police department computer conversion project. - 55, accepting the Department of Justice Local Law Enforcement Block Grant funds AYES: Lewis, Finnila, Nygaard, and Hall HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 654 p.m., and reconvened at 8:OO p.m., with four Council Members present and Council Member Kulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 20 12. AB #14,034 - DECLARATION OF A PUBLIC NUISANCE ON A PORTION OF OLYMPIC RESORT. Ted Vallas, operator of the Olympic Resort Hotel, 6 1 1 1 El Camino Real, Carlsbad, addressed the Council regarding stray golf balls from the hotel’s driving range. He stated that they have been put on notice by the City, and noted they would fix the problem if they have time. Mr. Vallas reported that he has hired a top flight golf course architect, to do a design study, and hopes to have the problem rectified soon. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted.RESOLUTION NO. 97- 52, declaring the City’s intention to hold a Public Hearing on March 4, 1997, to hear and consider all evidence and objections regarding this allegation of a public nuisance at 61 11 Palomar Airport Road, APN 760-221-15-00. AYES: Lewis, Finnila, Nygaard, and Hall 59 13. AB #14,039 - SAFETY CENTER COMPUTER CONVERSION. Don Larsen, 2399 Coringa Way, Carlsbad, Computer Consultant and Professional Software Developer, addressed the Council. He state it is true that Apple’s market is shrinking, but their clone makers market 0 e 57 February 4, 1997 CITY COUNCIL Page 5 share is increasing. He stated he did not agree with the reasons stated for changing the computers, and suggested Council consider all solutions to problems before spending the funds on the conversion. ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the feasibility study for the Conversion of Macintosh Computers to IBM-compatible computers at the Safety Center and adopted RESOLUTION NO. 97-56, appropriating additional funding in the amount of $120,000 for Police, $74,950 for Fire, and $14,200 for the Information Systems department. AYES: Lewis, Finnila, Nygaard, and Hall 14. AB #14,037 - LAND USE STUDY FOR DRIVE-THRU RESTAURANTS. Mayor Lewis explained that when the Council supported the idea of LEGO locating in Carlsbad, the citizens were promised that the area around LEGO would not be allowed to develop in the same fashion as the area existing around Disneyland. Therefore, he requested that Council consider no allowing any more drive-thru restaurants in the city fiom this time forward. In response to query, staff stated that the drive-thru restaurants require a Condition Use Permit, and those approvals are final at the Planning Commission unless appealed to the City Council. Additionally, there is currently one drive-thru in the “pipeline”, and it is scheduled to be heard at the Planning Commission meeting of February 19,1997. Council discussed the following options: (1) prohibiting additional drive-thru restaurants; (2) placing strict controls on drive-thru restaurants through the Conditional Use Permit process; or (3) requiring all CUP’S for drive-thru restaurants to be processed through Planning Commission and the City Council. In response to query, the City Attorney stated Council could adopt an emergency ordinance requiring Council review of all drive-thru restaurant projects, and the current project scheduled for the Planning Commission meeting on February 19th, would then be required to be forwarded to Council. That action, however, would require a 4/5th’s vote by Council. ACTION: Council continued this item to February 18,1997, and directed Staff to return with a proposed emergency Ordinance, amending the Code requiring Council review of Conditional Use Permits for restaurants with drive-thru lanes. COUNCIL REPORTS: Council Members reported on the activities and meetings of the committees and sub-committees of which they are members. County Water Authoritv Mayor Lewis passed out some materials relating to the San Diego County Water Authority Workshop and voting alternatives, and explained same. He announced he would be taking a position to strive for one of the e' 0 e February 4, 1997 CITY COUNCIL Page 6 alternatives that would place the City of San Diego in the 35% to 40% range so it would require an additional three or four cities, voting with San Diego, to cany the vote. Brown Act Council referenced their membership and participation on regional committees, and the need to receive timely direction concerning their activities on those Commissions. Therefore, they requested that the City Attorney find a way for them to seek direction from Council at Council meetings without violating the Brown Act, which requires 72-hour notice to the public on items which Council will be discussing. ADJOURNMENT: By proper motion, the Regular Meeting of February 4,1997, was adjourned at 9:43 p.m. Respectfully submitted, QQ-QAL R- 6?- ALETHA L. RAUTENKRANZ, City Clerk