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Home My WebLink About1997-02-18; City Council; Minutese 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 18,1997 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:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tern Finnila, and Mayor Lewis. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: None CONSENT CALENDAR: Council Member Kulchin removed Item #2 from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent Calendar, Items #/ 1 through #6, with the exception of Item #2, as follows: AYES: Lewis, Finnila, Nygaard, Kulchin and Hall WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 85 1. AB g14.054 - REQUEST FOR FUNDING FOR VISTA WINTER REGIONAL SHELTER Council adopted RESOLUTION NO. 97-67, authorizing the appropriation of $1,700 from the Housing Trust Fund for the Vista Winter Regional Homeless Shelter. 81 2. AB #14,055 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 0 0 55 45 51 97 45 60 45 81 February 18, 1997 CITY COUNCIL Page 2 3. AB #14,056 - APPROVAL OF EXTENSION OF SOLID WASTE SERVICES CONTRACT. Council adopted RESOLUTION NO. 97-69, authorizing the City Manager to execute a two month extension of the solid waste services contract with Coast Waste Management, Inc., and additional one month extensions, for a maximum of four additional months. 4. AB #14,057 - CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY GROVE FIRE. Council adopted RESOLUTION NO. 97-70, continuing the existence of a local emergency and requesting Office of Emergency Services assistance and concurrence in responding to such emergency. 5. AB #14,058 - APPROVAL OF AGREEMENT TO PREPARE ENVIRONMENTAL STUDIES FOR THE RANCHO SANTA FE ROAD BRIDGE REPLACEMENT, PROJECT NO. 3 190. Council adopted RESOLUTION NO. 97-71, approving an agreement with Dudek & Associates, Inc., to provide environmental services for environmental studies for the Rancho Santa Fe Road Bridge Replacement, Project No. 3 190. 6. AB #14,059 - APPROVAL OF CONTRACT FOR THIRD PARTY ADMINISTRATION OF WORKERS’ COMPENSATION CLAIMS. Council adopted RESOLUTION NO. 97-72, approving the contract for third party administration of Workers’ Compensation claims to Tristar Risk Management. ITEMS REMOVED FROM CONSENT CALENDAR: 2. AB #14.055 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 97- -9 68 accepting a gift of $2,385.00 fiom the Friends of the Library. AYES: Lewis, Finnila, Nygaard, Kulchin and Hall ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: A Council workshop, to be held at 8:OO a.m. on Wednesday, February 19, 1997, at the Carlsbad Municipal District Headquarters on El Camino Real. The dedication of Aviara Cove at Batiquitos Lagoon, to be held at 1 1 :00 a.m. on Thursday, February 20, 1997, at the parking lot at North Shore Trail, off Batiquitos Drive, west of Golf Club. The Well’s Fargo Bank Branch Grand Opening, to be held at 11:30 a.m. on Saturday, February 22, 1997, at the Von’s Market at 2560 El Camino Real, Carlsbad. 0 0 February 18, 1997 CITY COUNCIL Page 3 The Carlsbad Republican Women Federated Membership Tea, to be held from 1:00 p.m. to 3:OO p.m. on Tuesday, February 25, 1997, at the Rancho Carlsbad Clubhouse at 5200 El Camino Real, Carlsbad. The San Diego North County Convention and Visitors Bureau, to be held from 7:30 a.m. to 9:30 a.m. on Wednesday, February 26, 1997, at the La Costa Resort at 2100 Costa Del Mar Road, Carlsbad. The Carlsbad Convention and Visitors Bureau Board Meeting, to be held at 4:OO p.m. on Wednesday, February 26,1997, at the Old Depot at 400 Carlsbad Village Drive, Carlsbad. The Grand Opening of Azure Cove at Aviara, to be held from 12:OO Noon to 4:OO p.m. on Saturday, March 1,1997, at 925 Grivetta Court, Carlsbad. PUBLIC COMMENT: None PUBLIC HEARINGS: 43 7. AB #14,060 - CUP 93-4(D)/CDP 96-18 - SEAPOINTE RESORT TEMPORARY PARTSING. 99 Mayor Lewis opened the duly noticed Public Hearing at 6: 1 1 p.m., and issued the invitation to speak. Tim Stripe, Co-President of Grand Pacific Resorts, 5050 Avenida Encinas, Carlsbad, representing the applicant, urged Council approval of this item. Since no one else wished to speak, Mayor Lewis closed the Public Hearing on this item at 6: 12 p.m. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97- 73, approving Conditional Use Permit Amendment CUP 93-04(D) and Coastal Development Permit CDP 96-18, based on the findings and subject to the conditions contained therein. AYES: Lewis, Finnila, Nygaard, Kulchin and Hall )9 8. AB #14,061- CDP 96-2, CARLSBAD RANCH HOTEL AND TIME SHARE RESORT. Mayor Lewis opened the duly noticed Public Hearing at 6: 18 p.m., and issued the invitation to speak. Tim Stripe, 5050 Avenida Encinas, Carlsbad, representing the applicant, Grand Pacific Resorts, agreed with the additional conditions placed on the project. However, he requested that the following phrase be added to Condition No. 2: ". . . or as otherwise allowed by the Mello Roos Local Coastal Plan". City Manager Patchett, citing that Staff had not been made aware of this request at an earlier time and date, asked to have the item trailed so as to have an opportunity to review the requested change. 0 0 February 18, 1997 CITY COUNCIL Page 4 Mayor Lewis closed the Public Hearing at 6: 19 p.m., and trailed this item to the end of the meeting. DEPARTMENTAL AND CITY MANAGER REPORTS: 57 9. AB # 14,063 - LAND USE PROVISIONS FOR DFWE-THROUGH RESTAURANTS. 45 John Condas, Attorney, 4 Park Plaza, 16th Floor, Irvine, CA., representing Carl’s Jr., (C.K. Enterprises), urged the rejection of the proposed moratorium, stating there is no immediate or current threat to Public Health, Safety or Welfare. Mr. Condas submitted a letter to the City, dated February 18, 1997, and a copy of the Staff Report to the Planning Commission for their meeting the following night, (copies of which are on file with the City Clerk). He stated the Staff Report to the Planning Commission contains evidence showing why this moratorium is not needed, at least as it applies to Carl’s. He pointed out that Carl’s has complied with all of the changes, requests, regulations, etc., and that a moratorium will serve no useful purpose. Tom Wilhelm, 1200 N. Harbor Blvd., Anaheim, CAY urged rejection of the proposed moratorium. Nancy Patterson, 1049 Camino Del Mar, Ste. 11 , Del Mar, CA., representing the Carl’s Jr. requested that the Council allow the project to move forward. Larry Paulsen, 4807 Neblina Dr., Carlsbad, suggested that the decision of whether or not to allow more fast food/drive-thru restaurants should be based on the “pulse” of the community and stated that he is against all such restaurants. Nina Eaton, 5025 Tierra Del Oro and 300 Carlsbad Village Dr., #108A-347, Carlsbad, referred to both of her letters to the Council, dated February 14, 1997, (copies of which are on file with the City Clerk), urged approval of the proposed moratorium. Jan Sobel, CEO of the Carlsbad Chamber of Commerce, 541 1 Avenida Encinas, Suite 100, Carlsbad, read a letter from the Chamber, dated February 18, 1997, (a copy of which is on file with the City Clerk), asking for the preparation of standards and guidelines for fast food restaurants with a drive-thru, as soon as possible, and the rejection of the proposed moratorium. Also, Ms. Sobel pointed out that contrary to some opinions, Anaheim has only two fast food restaurants along the major arteries leading to Disneyland and that Anaheim’s main problems come from motels and sign ordinance problems. Stephen Sheldon, 100 S. Anaheim Blvd., Suite 350, Anaheim, CA., presented petitions, signed by approximately 200 Carlsbad residents, in support of drive-thru restaurants. Paula Johnson, Carl’s Jr. District Manager, 2525 El Camino Real, Carlsbad, pointed out a number of positive reasons for allowing drive-thru restaurants in the City of Carlsbad and urged the Council to vote against a ban and/or moratorium. ACTION: A motion was made by Mayor Lewis to prohibit all future drive-thru restaurants in the City. The motion failed due to the lack of a majority. AYES: Lewis and Kulchin NOES: Finnila, Nygaard and Hall e 0 February 18, 1997 CITY COUNCIL Page 5 ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION OF INTENTION NO. 97-53, directing Staff to initiate the zone code amendment process to establish criteria for review of Conditional Use Pennits for drive-thru restaurants; and to consider prohibiting or changing the processing of drive-thru restaurants pending completion of studies and changes in the zoning ordinance. AYES: Lewis, Finnila, Nygaard, and Hall - NOES: Kulchin ITEM TRAILED FROM PUBLIC HEARING CALENDAR: 99 8. AB #14,061- CDP 96-2, CARLSBAD RANCH HOTEL AND TIME SHARE RESORT. City Manager Ray Patchett stated that after conferring with the Planning Director and the City Attorney, Staff has no objection to including the change as requested by the Carlsbad Ranch Hotel & Time Share Resort. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- - 74, approving a Coastal Development Permit, for a project containing 161 timeshare units, 90 hotel units and 3 restaurants with common parking facilities providing for an 11 percent parking reduction on 12.20 acres of property generally located on the west side of Armada Drive, north of Palomar Airport Road within Planning Area 3 of the Carlsbad Ranch Specific Plan and in Local Facilities Management Zone 13, with the amendment of Condition No. 2 to add the following: “or as otherwise allowed by the Mello Roos Local Coastal Plan.” AYES: Lewis, Finnila, Kulchin and Hall NOES: Nygaard Council Member Nygaard stated she had no problem with the project, but she voted no because of the lateness of the requested change. Staff should have an opportunity to consider such requests in advance. RECESS: Mayor Lewis declared a recess at 7:24 p.m., and Council reconvened at 7:32 p.m., with all Council Members present. 35 10. AB #14,062 - VEHICLE LEASING FEASIBILITY STUDY. ACTION: By unanimous consensus, Council accepted the Vehicle Leasing and Feasibility Study. COUNCIL REPORTS: Council Members reported on the activities and meetings of the committees and sub-committees of which they are members. 0 0 February 18, 1997 CITY COUNCIL Page 6 Council Member Nygaard announced that the Stuart Mesa Maintenance Facility will hold its dedication on Thursday, February 20, 1997 at 1:30 p.m. Mayor Lewis distributed some information regarding the County Water Authority and assured the Council that he will be carrying out their instructions as quickly as possible. Mayor Lewis also announced that Mi-. Horn will be hosting the Mayor’s Meeting (luncheon) to be held on February 20, 1997, at Cinema Air at McClellan Palomar Airport. ADJOURNMENT: By proper motion, the Regular Meeting of February 18, 1997, was adjourned at 7:49 p.m. Respectfully submitted, ALETHA bL* L. RAUTENKRANZ, f2- City Clerk