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Home My WebLink About1997-06-03; City Council; Minutes (2)0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 3,1997 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: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Nygaard, Kulchin, and Hall INVOCATION was given by Father Neal Moquin, of St. Michael’s by the Sea Episcopal Church. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Finnila. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Finnila, the Minutes of the following Meetings were unanimously approved as presented: Minutes of the Special Meeting held on May 13, 1997. Minutes of the Regular Meeting held on May 13, 1997. PRESENTATION: kchard W. Graff, General Manager of the Encina Wastewater Authority announced that the Wastewater Authority has, for the fifth consecutive year, received the ASTHMA Gold Award and he in turn presented the award to the City Council. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: Jefferson Elementary School Multicultural Festival, to be held on Wednesday, June 4, 1997, fkom 3 p.m. to 7 p.m., at 3743 Jefferson Avenue, Carlsbad. 1997 Student Recognition Program, to be held on Thursday, June 5, 1997, at 4:OO p.m., at the Public Safety Center, 2560 Orion Way, Carlsbad. CarlsbadNight at the Padres’ Game, Friday, June 6, 1997, at 7:05 p.m., at QualComm Stadium, San Diego. // // // // // // // 0 0 June 3, 1997 CITY COUNCIL Page 2 CONSENT CALENDAR: On motion by Mayor Pro Tem Finnila, Council unanimously affirmed the action of the Consent Calendar, Items # 1 through #10 with the exception of Items #4, #7, and # 10, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 78 1. AB #14,180 -REQUEST FOR AUTHORITY TO DESTROY RECORDS. Council adopted RESOLUTION NO. 97-464, authorizing the destruction of certain records in the Police Department. 51 2. AB #14,182 - CLOSURE OF THE DECLARATION OF STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY GROVE FIRE. Council adopted RESOLUTION NO. 97-465, closing the existence of the state of a local emergency which resulted from the October 21 , 1996, Harmony Grove fire. 99 3. AB # 14,183 - APPROVAL OF THE FINAL MAP FOR CT 90-38. AVIARA PLANNING AREA 26N, UNIT 1. Council adopted RESOLUTION NO. 97-466, approving the Final Map for Unit 1 of CT 90-38, in Aviara Planning Area 26N. 32 4. AB #14.184 - REQUEST FORTHE CALIFORNIA COASTAL CONSERVANCY TO SEPARATE THE AGRICULTURE CONVERSION MITIGATION FUNDS INTO TWO SEPARATE ACCOUNTS. This item was removed from the Consent Calendar. 50 5. AB H4.185 - AUTHORIZATION TO REFUND EXISTING BOND DEBT ISSUES. Council adopted RESOLUTION NO. 97-468, directing staff to proceed with preliminary work related to refimd the existing College Boulevard, Palomar Airport Road, Alga Road, Hosp Grove, and CMWD bond issues. 39 6. AB #14.186 - TREASURERS REPORT ON CITY INVESTMENTS AS OF APRIL 30.1997. Council accepted and directed to be filed, the Treasurer’s report on the st,atus of City investments as of April 30, 1997. 81 7. AB # 14,187 - ACCEPTANCE OF DONATIONS. This item was removed &om the Consent Calendar. // // // // N 0 0 June 3, 1997 CITY COUNCIL Page 3 70 8. AB #14,188 - APPROVAL OF FUNDING FOR SANDAG’S SHORELINE EROSION 68 MONITORING PROGRAM. Council adopted RESOLUTION NO. 97-470, appropriating $13,056 to support SANDAG’S Shoreline Erosion Committee in the continuation of the Annual Regional Shoreline Monitoring Program and the development of a Long Term Beach Replenishment Program. 84 9. AB #14.170 - AWARD OF BID FOR THE PURCHASE OF A DUMP TRUCK. Council adopted RESOLUTION NO. 97-664, awarding a bid for a 10/12 yard dump truck to Dion International Trucks, Inc. 99 10. AB # 14,194 - APPROVAL OF FINAL MAP FOR CT 92-3(A), AVIARA PHASE 111, UNIT I. This item was removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR. 32 4. AB #14.184 - REOUEST FOR THE CALIFORNIA COASTAL CONSERVANCY TO SEPARATE THE AGRICULTURE CONVERSION MITIGATION FUNDS INTO TWO SEPARATE ACCOUNTS. Guy Moore, 6503 El Camino Real, Carlsbad, spoke in favor of the separation of the Agricultural Conversion Mitigation Fees, but expressed concern about the proposed priorities and the possible demise of agriculture along Black Rail Court. Mr. Moore presented a copy of his statement to the City Clerk. ACTION: Council adopted RESOLUTION NO. 97-467, directing staff to request that the Coastal Conservancy separate the Carlsbad originated Agriculture Conversion Mitigation Fees into two distinct accounts and directed staff to enter into negotiations to establish an agreement for the Coastal Conservancy to administer the two accounts. AYES: Lewis, Finnila, Nygaard, Kdchin, and Hall 81 7. AB # 14.187 - ACCEPTANCE OF DONATIONS. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 97- - 469, accepting donations totaling $1,797 in support of the Kruger House Preschool program. AYES: Lewis, Finnila, Nygaard, and Hall // // // // // // // // // I1 0 0 June 3, 1997 CITY COUNCIL Page 4 99 10. AB #14,194 - APPROVAL OF FINAL MAP FOR CT 92-3(A), AVIARA PHASE 111. UNIT 1. Guy Moore, 6503 El Camino Real, Carlsbad, stated his opposition to the approval of this item and urged Council’s disapproval, Mr. Moore presented a copy of his statement to the City Clerk. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- - 478, approving the Final Map for Carlsbad Tract No. CT 92-03(A), Aviara Phase I11 - Unit 1. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall PUBLIC COMMENT: No one addressed Council during Public Comment. PUBLIC HEARING: 57 11. AB #14,189-SEAPOINTE RESORT EXPANSION - GPA 96-4/ZC 96-5/LCPA 96-1 l/MEIR 93-1. .13 77 City Manager Ray Patchett requested this item be continued to the Regular Meeting of the City Council to be held on June 24,1997. ACTION: On motion by Mayor Pro Tem Finnila, Council continued AB #14,189, Seapointe Resort Expansion, to the Regular Meeting to be held on June 24,1997. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 26 12. AB #14,190 - CARLSBAD RANCH ASSESSMENT DISTRICT - (AD 95-1). Staff briefly described the background of the district and overviewed the purpose of the hearing, the description of the improvements, boundaries of the district, the Engineer’s Report and the method of assessment spread. It was also reported that no written protests were received, and 100% of the ballots were cast by property owners in favor of the project. Mayor Lewis opened the Public Hearing at 6:27 p.m., and issued the invitation to speak. The City Clerk announced that notice of the Public Hearing had been given as required by law. David Meyer, representing the Carltas Co., 5600 Avenida Encinas, Suite 100, Carlsbad, spoke in support of the Carlsbad Ranch Assessment District. Seeing no one else wished to speak, Mayor Lewis closed the Public Hearing at 6:29 p.m. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 472, confirming the assessment, ordering the improvements made, together with appurtenances, and approving the Engineer’s Report, and; adopted RESOLUTION NO. 97-473, authorizing bonds to be issued to represent unpaid assessments upon lands in an Assessment District. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 0 0 June 3,1997 CITY COUNCIL Page 5 CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 6:30 p.m. and re-convened at 6:3 1 p.m., with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: .02 13. AB #14,191 -ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF AVENIDA ENCINAS. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS- 408, to establish a prima facie 35 mile per hour speed limit upon Avenida Encinas from Carlsbad Boulevard to Poinsettia Lane. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall RECESS: Mayor Lewis declared a recess at 6:34 p.m., and re-convened at 6:42 p.m., with five Council members present. 29 14. AB # 14,192 - REPORT ON THE 1997-98 OPERATING BUDGET. Diane Terrian, 474 Via Arboles, San Marcos, spoke of her husband’s death while saving the life of a 12 year old child at a Carlsbad beach and questioned why there are no funds in the budget for lifeguards. Council requested additional information on the following items for the budget hearing on June 24, 1997: (1) salaries for Planning Commissioners; and, (2) lifeguards. ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the report on the proposed 1997-98 Operating Budget and directed staff to set the matter for public hearing on June 24,1997. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall // I/ // // // I/ I/ I/ // // /I // // // N // // // a 0 June 3, 1997 CITY COUNCIL Page 6 .14 15. AB g14.193 - RECONSIDERATION OF ADOPTED RESOLUTION OF INTENTION NO. 97-53 WHICH INITIATED THE ZONE CODE AMENDMENT PROCESS FOR DRTVE-THRU RESTAURANTS. Mayor Lewis extended the invitation to speak to Council on this item and no one wished to address Council. ACTION: On motion by Council Member Nygaard, Council decided to reconsider its previous adoption of the Resolution of Intention No. 97-53. AYES: Lewis, Finnila, Nygaard, and Kulchin NOES: Hall ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 97-474, declaring its intention to consider a zone code amendment prohibiting drive-thru restaurants in certain locations or throughout the City. AYES: Lewis, Nygaard, and Kulchin NOES: Finnila and Hall 76 16. AB #14.195 - PLANNING COMMISSION APPOINTMENTS. This item was continued to the Regular Meeting of the City Council, to be held on June 17, 1997. 28 17. AB g14.077 - ARTS COMMISSION APPOINTMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 97-91, appointing Bunny Kacher Dolnick as a member of the Carlsbad Arts Commission. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall COUNCIL REPORTS AND COMMENTS: Council Members reported on the activities and meetings of the committees and sub-committees of which they are members. ADJOURNMENT: By proper motion, the Regular Meeting of June 3, 1997, was adjourned at 956 p.m. Respectfully submitted, &QA-k> kzy ALETHA L. RAUTENKRANZ City Clerk