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Home My WebLink About1997-12-02; City Council; MinutesI e 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 2,1997 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 Tem Finnila, Mayor Lewis LEGISLATIVE INVOCATION was given by Pastor Dwayne Edwards, Las Flores Church of the Nazarene . PLEDGE OF ALLEGIANCE was given by Council Member Kulchin. APPROVAL OF MINUTES: None. PRESENTATIONS: Mayor Lewis presented a Proclamation to Roberta Meyer-Cohen of the San Diego County Family Child Care Association in celebration of the Association's 25th Anniversary. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following event: Community DevelopmentLas Palmas Employee Development Peer Awards, to be held Thursday, December 4, 1997 from 3:OO - 5:OO p.m., at the Raintree Restaurant, 755 Raintree Drive, Carlsbad. CONSENT CALENDAR: Mayor Lewis removed Item #4 and Mayor Pro Tern Finnila removed Item #1 from the Consent Calendar. On motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #1 through #5, with the exception of Items #1 and #4, as follows: December 2, 1997 CITY COUNCIL @ Page 2 CONSENT CALENDAR (continued): WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 51 1. AB #14,450 - ACCEPTANCE OF CONTRIBUTION TO THE CITY OF CARLSBAD DRUG ABUSE RESISTANCE EDUCATION PROGRAM (DARE). This item was removed from the Consent Calendar. 99 2. AB #14,451 - APPROVAL OF OUITCLAIM OF DRAINAGE EASEMENT, GREYSTONE ON THE PARK (PARK VIEW WEST) CT 85-1 5. Council adopted RESOLUTION NO. 97-700, quitclaiming a 25 foot wide drainage easement dedicated on Carlsbad Tract CT 85-15, Greystone on the Park (Park View West) between the northeast portion of Corte Promenade and La Costa Avenue. 74 3. AB #14,452 - REVISION OF SALARY SCHEDULE FOR CARLSBAD FIREFIGHTERS’ ASSOCIATION. Council adopted RESOLUTION NO. 97-701, approving a revised salary schedule for classifications represented by the Carlsbad Firefighters’ Association. 37 4. AB 314,453 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF CANNON ROAD WEST WETLAND MITIGATION CONSTRUCTION, PROJECT NO. 3184. This item was removed from the Consent Calendar. 39 5. AB #14,454 - APPROVAL OF PURCHASE OF AFFORDABLE HOUSING CREDITS FOR CT-93-09, OCEAN BLUFF. Council adopted RESOLUTION NO. 97-703, approving a request by Catellus Residential Group to purchase 16.24 affordable housing credits in the Villa Lorna Project in order to satisfy the affordable housing obligation of the Ocean Bluff Project under the City’s Inclusionary Housing Ordinance. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. AB #14,450 - ACCEPTANCE OF CONTRIBUTION TO THE CITY OF CARLSBAD DRUG 81 ABUSE RESISTANCE EDUCATION PROGRAM (DARE). ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97- - 699, accepting a donation of $1,000 from the Allstate Foundation in support of the Drug Abuse Resistance Education Program (DARE). AYES: Lewis, Finnila, Nygaard, Kulchin, Hall December 2,1997 CITY COUNCIL 0 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR (continued): 97 4. AB #14,453 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF CANNON ROAD WEST WETLAND MITIGATION CONSTRUCTION, PROJECT NO. 3184. Trish Gapik, 4831 Flying Cloud Way, Carlsbad, spoke in opposition to the Kelly Ranch Project, specifically along Park Drive. She stated the project should not be developed due to the impact on the wildlife in the lagoon, the impact on the Carlsbad School System, specifically Kelly School, and the increase in traffic along Park Drive. Mayor Lewis clarified that Ms. Gapik’s comments should have been heard under Public Comment as they do not relate to Agenda Item #4. Council continued with Public Comment at this time. PUBLIC COMMENT: Marjorie Rosenfeld, 4793 Flying Cloud Way, Carlsbad, referenced the Kelly Ranch Project, and stated she was interested as to whether the area had been rezoned and any affects the project will have on the wetlands. David Kolda, 4833 Flying Cloud Way, Carlsbad, also referenced the Kelly Ranch Project, stated he was concerned over not knowing what is happening and whether plans are available. Mr. Kolda also stated he was in opposition to the proposed project. 97 4. AB #14.453 - AUTHORIZATION TO ADVERTISE FOR BIDS. FOR THE CONSTRUCTION OF CANNON ROAD WEST WETLAND MITIGATION CONSTRUCTION. PROJECT NO. 3184. (continued action) ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- advertise for bids for the Cannon Road West Wetland Mitigation Construction, Project No. 3 184. - 702, approving plans and specifications and authorizing the City Clerk to AYES: Lewis, Finnila, Nygaard, Kulchin, Hall HOUSING AND REDEVELOPMENT COMMISSION and CITY COUNCIL JOINT MEETING: MayodChairman Lewis convened the Housing and Redevelopment Commission for a Joint Meeting at 6: 19 p.m. PUBLIC HEARING: 114 6. AB #14,455 - DRIVE-THRU RESTAURANT PROHIBITION - ZCA 97-02LCPA 97-01/ ZCA 97-03LCPA 97-07. MayorlChairrnan Lewis opened the duly noticed Public Hearing at 6:46 p.m., and issued the invitation to speak. December 2,1997 ' CITY COUNCIL 0 Page 4 PUBLIC HEARING (continued): 114 6. AB #14,455 (continued) Bill Hofman, Hofman Planning Associates, 2386 Faraday Avenue, Suite 120, Carlsbad, stated he was representing the Carlsbad Chamber of Commerce as it's President, as well as representing himself as a business owner in the city. Mr. Hofinan stated his opposition to the proposed prohibition of all drive-thru restaurants throughout the city. He stated it will eliminate a convenience to residents; is inconvenient for disabled persons; and is not an effective way to address traffic concerns. Bob Shipley, 2141 Palomar Airport Road, Suite 35 1 , Carlsbad, representing the Carlsbad Economic Enhancement Council, spoke in opposition to the prohibition. He stated that departing fi-om the criteria based approach and moving to a prohibition based solely on use, sends a negative message to the business community and to those who may be thinking of locating here in the future. Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, Carlsbad, representing Mag Properties, spoke in opposition to the citywide ban. He stated they have a project in the pre-planning stages which is located at the northeast corner of La Costa Avenue and Rancho Santa Fe Road. A portion of the property is designated for commercial use in the La Costa Master Plan and the owner has concerns that prohibiting drive-thrus in commercial centers could be very detrimental to the development of the property. Mr. Ladwig recommended Council consider each restaurant on an individual basis. Dick Armstong, 2610 W. Oceanfront, Newport Beach, fi-anchise owner of the Taco Bell Restaurants located at Paseo del Norte and Palomar Airport Road as well as the one located in the Plaza Camino Real Shopping Center, spoke in opposition to the citywide ban. Patty Cole, 2737 La Gran Via, Carlsbad, Miss Wheelchair of California, spoke in opposition to the citywide ban. She gave a scenario of the process she would have to go through to enter a fast food restaurant that did not have a drive-thru. Ms. Cole stated that the obstacles a disabled person must contend with can be overcome by having dnve-thrus. Fred Encinas, Director of Real Estate for In and Out Burger, 13502 Hamburger Lane, Baldwin Park, California, spoke in opposition to the citywide ban. He stated that those restaurants without drive-thrus are faced with major parking issues as well as unhappy customers. Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7: 10 p.m. ACTION: On motion by Council Member Nygaard, Council directed the City Attorney to prepare documents approving the proposed Zone Code Amendments and Local Coastal Program Amendments to establish a prohibition on drive-thru restaurants. AYES: Lewis, Nygaard, Kulchin NOES: Finnila, Hall RECESS: Mayor/Chairman Lewis declared a recess at 7:27 p.m., and the Council/Housing & Redevelopment Commission reconvened at 7:35 p.m., with all Council MembersKommissioners present. December 2,1997 o CITY COUNCIL 0 Page 5 CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 7:36 p.m., and reconvened at 7:45 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 99 7. AB #14,456 - REQUEST TO CHANGE A STREET DEDICATION REQUIRED TO CONNECT CT 89-18. UNIT NO. 2, RANCHO VERDE TO THE CITY OF ENCINITAS. City Manager Ray Patchett stated the developer had submitted a request to withdraw the item from the agenda. ACTION: On motion by Mayor Pro Tem Finnila, Council referred this item back to staff. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 72 8. AB #14.457 - ESTABLISHMENT OF A “NO PARKING” ZONE ON PONTO DRIVE JSOUTH). ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-431, amending Title 10, Chapter 10.40. of the Carlsbad Municipal Code by the addition of Section 10.40.127., to declare a “No Parking Zone” on a portion of Ponto Drive (South) between the hours of 11 :00 p.m. and 5:OO a.m., seven days a week. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 67 9. AB #14,458 - PROHIBITION OF SKATEBOARDING ON PROMENADE WALKWAYS, LANDSCAPE BARRIERS OR WALL ALONG ARMADA DRIVE AND LEG0 DRIVE. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-432, amending Title 10, Chapter 10.58. of the Carlsbad Municipal Code by adding Section 10.58.025., to prohibit skateboarding on the promenade walkways, landscape barriers or wall along Armada Drive and Leg0 Drive, between Cannon Road and Palomar Airport Road. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall ACTION: On motion by Mayor Pro Tem Finnila, Council directed staff to provide a report on the affects of skateboarding in the parks and giving authority to various agencies, churches and businesses to post notices prohibiting skateboarding. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall December 2,1997 * CITY COUNCIL m Page 6 DEPARTMENTAL AND CITY MANAGER mPORTS (continued): 28 10. AB #14.459 - AMENDMENT OF HISTORIC PRESERVATION COMMISSION MEMBERSHIP REQUIREMENTS. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-433, amending Title 2 of the Carlsbad Municipal Code to change membership requirements for the Historic Preservation Commission and amending Title 22 to modify historic preservation regulations. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 36 11. AB #14.460 - AMENDMENT OF CITY CLERK’S COMPENSATION. ACTION: On motion by.Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. -7 NS-434 amending Section 2.08.030., of the Carlsbad Municipal Code to adjust the compensation of the City Clerk from $550 to $700 per month; and Adopted RESOLUTION NO. 97-704, establishing a monthly automobile allowance in the amount of $100 per month for the City Clerk. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall COUNCIL REPORTS AND COMMENTS: Council Members reported on the activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT. By proper motion, the Regular Meeting of December 2, 1997, was adjourned at 8:14 p.m. in memory of Derek Jordan and Francisco Venegas. Respectfully submitted, LIYLbL i. % ALETHA L. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk