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Home My WebLink About1997-03-25; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 25,1997 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Finnila, and Council Member Hall Absent: Council Members Nygaard and Kulchin APPROVAL OF MINUTES: On motion of Mayor Pro Tem Finnila, the Minutes of the following Meetings u7ee unanimously approved as presented: Minutes of the Special Meeting of March 4, 1997 Minutes of the Regular Meeting of March 4, 1997 CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tern Finnila, Council unanimously affirmed the action of the Consent Calendar, Items # 1 through #6, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Orbances and Resolutions at this Meeting. 74 1. AB #14.098 - APPROVAL OF SETTLEMENT OF WORKER'S COMPENSATION CLAIMS OF DEBORAH HILES. Council adopted RESOLUTION NO. 97-406, approving the Compromise and Release which authorizes the payment or $45,000 in settlement of Deborah Hiles' Workers' Compensation claim. 39 2. AB #14,097 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's monthly report on the status of the City's investment portfolio as of February 28, 1997. 26 3. AB #14.099 - APPROVING THE CLOSURE OF THE ASSESSMENT DISTRICT NO. 92-1 (LA COSTA DOWNS) FUND. Council adopted RESOLUTION NO. 97-407, approving the closure of the Assessment District No. 92- 1 (La Costa Downs) Fund and the return of the remaining balance to the property owners. I I March 25, 1997 CITY COUNCIL Page 2 96 4. AB # 14,100 - AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF TRAFFIC SIGNAL AT POINSETTLA LANE AND BATIQUITOS DRIVE. PROJECT NO. 3482. Council adopted RESOLUTION NO. 97-408, approving plans and specifications and authorizing the City Clerk to advertise for bids for the construction of the Poinsettia Lane and Batiquitos Drive Traffic Signal, Project No. 3482. 51 5. AB #14,101- CONTINUATION OF THE STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY GROVE FIRE. Council adopted RESOLUTION NO. 97-409, declaring a state of local emergency and authorization to seek reimbursement fiom state and federal agencies. 84 6. AB #14,102 - EMPLOYEE CAPITAL EQUIPMENT COMMITTEE REQUEST FOR CAPITAL PURCHASES. Council adopted RESOLUTION NO. 97-410, appropriating funds and authorizing the purchase of capital equipment (two computers, one printer and additional software) for various City sites as recommended by the Employee Capital Equipment Committee. ORDINANCES FOR ADOPTION: 67 7. AB # 14.1 03 - PROHIBITION OF SKATEBOARDING ON PUBLIC SCHOOL GROUNDS. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted ORDINANCE NO. NS- 399 amending Title 10, Chapter 10.58 of the Municipal Code by the addition of -? Section 10.58.0 15, to prohibit skateboarding, rollerblading and rollerskating on public school grounds. AYES: Lewis, Finnila, and Hall ABSENT: Nygaard and Kulchin 72 8. AB # 14.104 - ESTABLISHMENT OF PARKING RESTRTCTIONS ON CARLSBAD BOULEVARD. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- 401, amending Title 10 of the Municipal Code, to establish NO PARKING - restrictions on Carlsbad Boulevard between Cherry Avenue and Redwood Avenue, between the hours of 2:00 a.m. and 6:00 a.m. AYES: Lewis, Finnila, and Hall ABSENT: Nygaard and Kulchin PUBLIC COMMENT: There were no requests to address Council. March 25, 1997 CITY COUNCIL Page 3 PUBLIC HEARING: 114 9. AB # 14,105 - CALIFORNIA COASTAL COMMISSION RECOMMENDATIONS REGARDING 77 AFFORDABLE HOUSING PROVISIONS IN THE ZONING CODE AND IN LOCAL COASTAL PROGRAM POLICIES, ZCA 91-5(A)/ZCA 91-6(A)/ZCA 92-4(A)/ZCA 93-5(A)/LCPA 93- 2(A)/LCPA 95- 1(A). Mayor Lewis opened the duly noticed public hearing at 6:05 p.m., and extended the invitation to speak. Since no one wished to speak on this item, Mayor Lewis closed the Public Hearing at 6:05 p.m. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS- 402 amending various sections of the Zoning Ordinance (Title 2 1) of the Municipal -9 Code, to accept the suggested modifications approved by the California Coastal Commission; and7 adopted RESOLUTION NO. 97-41 1, approving an amendment to all six segments of the Carlsbad Local Coastal Program to acknowledge receipt of and accept suggested modifications to the Affordable Housing Policies of the Local Coastal Program Land Use Plans approved by the California Coastal Commission. AYES: Lewis, Finnila, and Hall NOES: None ABSENT: Nygaard and Kulchin 43 10. AB # 14,106 - APPEAL OF CONDITIONAL USE PERMIT NO. 96- 19, BIUGHTON GARDENS. By request of appellant, Ray N. McClave, D.D.S., in a memorandum dated March 24, 1997(a copy of which is on file with the City Clerk), this item was continued to April 1, 1997, for hearing by a Ml Council. CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 6:OX p.m. and re-convened at 6:09 p.m., with Mayor Lewis, Mayor Pro Ten1 Finnila and Council Member Hall present and Council Members Nygaard and Kulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 26 11. AB #14,107 - PROPOSED FORMATION OF CARLSBAD RANCH ASSESSMENT DISTRICT NO. 95-1 FOR THE PURPOSE OF INSTALLING CERTAIN IMPROVEMENTS. Financial Management Director Jim Elliott, described the area of the proposed assessment district and proposed improvements. Consulting Engineer Galen Peterson explained that this district is, in actuality, an acquisition district and explained the Engineer's Report. Bond Counsel Mac Brown explained each of the four resolutions and the expected results of each. March 25, 1997 CITY COUNCIL Page 4 Financial Advisor Karl Kady, of Kady, Jensen, Johnson & Bodner, gave an overview of the financial aspects of the assessment district. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 413 making the appointments in the special Assessment District; -9 and, adopted RESOLUTION NO. 97-414, adopting the map showing the proposed boundaries of the special Assessment District; and, adopted RESOLUTION NO. 97-415, declaring the City's intention to order the installation of certain improvements in a proposed Assessment District; declaring the work to be of more than local or ordinary benefit; describing the district to be assessed to pay for the costs and expenses thereoc and providing for the issuance of bonds; and, adopted RESOLUTION NO. 97-416, passing on the report of the engineer, giving preliminary approval, and setting a time and place for public hearings on May 13, 1997 and June 3,1997. AYES: Lewis, Finnila, and Hall NOES: None ABSENT: Nygaard and Kulchin March 25, 1997 CITY COUNClL Page 5 113 12. AB # 14,108 - APPROVAL OF REQUEST FOR FUNDS AND ESTABLISHMENT OF A SPECIAL REVENUE ACCOUNT FOR THE CARLSBAD RANCH FLOWER FIELDS. Seth Schulberg, President of the Batiquitos Lagoon Foundation, 1713 Catalina Rd., Carlsbad, expressed his concern regarding the actual handling of the funds, as outlined by the Kaloogian Assembly Bill No. 2683. He concurred with the staff report, except for staffs conclusion, by describing it as "the wrong way to do the right thing." Mr. Schulberg stated that it is the contention of his organization that the funds should come from the LCP and not from the Statutory funds. David Meyer, Carlsbad Ranch Project Manager, representing the Carltas Co., 5600 Avenida Encinas, concurred with staffs recommendations and urged Council to proceed. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 417, and instructed staff to request that the California Coastal Conservancy provide - the $935,000 allocated by the 1996 California budget and directed staff to establish a special revenue fund to hold the money and distribute grants for the purpose of floriculture preservation at the Carlsbad Ranch Flower Fields. AYES: Lewis, Finnila, and Hall NOES: None ABSENT: Nygaard and Kulchin ACTION: On Minute Motion, by Mayor Pro Tem Finnila, Council directed staff to enter into negotiations with the Conservancy to develop a means to reimburse the "Statutory7' account with Ag-mitigation fees paid by the developer of Carlsbad Ranch. AYES: Lewis, Finnila, and Hall NOES: None ABSENT: Nygaard and Kulchin 23 13. AB #14,109 - APPROVAL OF ARTWORK FOR ACCESS AREAS OF THE SHORE 97 PROTECTION WALL. This item has was continued to April 1, 1997, for a full Council. ADJOURNMENT: By proper motion, the Regular Meeting of March 25, 1997, was adjourned at 7:05 p.m. Respectfully submitted, ALETHA L. RAUTENKRANZ, City Clerk