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Home My WebLink About1998-03-24; City Council; Minutes0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 24,1998 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:O 1 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis 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 March 10, 1998 Minutes of the Regular Meeting held March 10, 1998 PRESENTATION: Mayor Lewis presented a proclamation to Larry Clemens representing the Building Industry Association, proclaiming the week of March 23-27, 1998, as Home Building Week. Steve Scott of Elite Racing, presented an award to the Mayor and Council on behalf of Competitor Magazine who voted the Carlsbad 5000 as the 1997 Running Event of the Year. Mayor Lewis presented a proclamation to the firefighters of Engine 4 and Medic 8 for their life saving efforts for Margaret Dooney. CONSENT CALENDAR: On motion by Mayor Pro Tem Finnila, Council affirmed the actions of the Consent Calendar, Items #1- 13, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,600 - SETTLEMENT OF WORKERS’ COMPENSATION CLAIM OF PETER MCKENZIE. Council adopted RESOLUTION NO. 98-78, approving the Stipulations with Request for Award and authorizing the expenditure of $13,680 for settlement of the Workers’ Compensation claim of Peter McKenzie. March 24,1998 CITY COUNCIL 0 Page 2 CONSENT CALENDAR (continued]: 2. AB #14,601 - AUTHORIZING THE CONDEMNATION OF PROPERTY FOR AVIARA PARKWAY UTILITY PURPOSES - CT 84-32. Council adopted RESOLUTION NO. 98-79, authorizing and directing the condemnation of certain real property interests owned by Richard C. Kelly and Robert Patrick Kelly, south of Palomar Airport Road, required for the relocation of SDG&E Facilities necessary for the Aviara Parkway project, and declaring the public necessity thereof. 3. AB #14,602 - ACCEPTANCE OF CONSTRUCTION OF STREET LIGHTS AT THE INTERESECTION OF MONROE STREET AND CHESTNUT AVENUE, PROJECT NO. 3503. Council adopted RESOLUTION NO. 98-80, accepting the construction of traffic lights at the intersection of Monroe Street and Chestnut Avenue as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. 4. AB #14,615 - SETTLEMENT OF SUMITOMO MARINE V. CITY OF LOS ANGELES, ET AL., CASE NO. N072752. Council adopted RESOLUTION NO. 98-81, authorizing the Settlement of the lawsuit entitled SUMITOMO MARINE V. CITY OF LOS ANGELES. ET AL. N072752. 5. AB #14.603 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT 96-3, UNIT 1 - PACIFIC VIEW ESTATES. Council adopted RESOLUTION NO. 98-82, approving the Final Map for Carlsbad Tract 96-03, Unit 1, Pacific View Estates. 6. AB #14.604 - ACCEPTANCE OF THE REHABILITATION OF WASHINGTON STREET GRAVITY SEWERPIPELINE, CMWD PROJECT NO. 97-103, CONTRACT 34521. Council adopted RESOLUTION NO. 98-83, accepting the rehabilitation of the Washington Street 10 and 12-Inch Gravity Sewer Pipeline as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. 7. AB #14.605 - APPROVAL OF GRANT DEED AND FINAL MAP FOR CARLSBAD TRACT NO. 93-4, VILLAGE 0 - RANCHO CARXILLO PHASE I. Council adopted RESOLUTION NO. 98-84, accepting the Grant Deed for park land and approving the Final Map for Carlsbad Tract No. 93-04, Rancho Carrillo Phase I, Village “Q”, and authorizing the City Clerk to process the grant deed and map for recording. 8. AB #14,606 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT NO. 93-8, VILLAGE 0- RANCHO CARRILLO. Council adopted RESOLUTION NO. 98-85, approving the Final Map for Carlsbad Tract No. 93- 08, Rancho Carrillo Village “O”, and authorizing the City Clerk to process the map for recording. March 24,1998 CITY COUNCIL 0 Page 3 CONSENT CALENDAR (continued) 9. AB #14.607 - APPROVAL OF FINAL MAP FOR CARLSBAD TRACT NO. 93-1, VILLAGE J- RANCHO CARRILLO. Council adopted RESOLUTION NO. 98-86, approving the Final Map for Carlsbad Tract No. 93- 0 1, Rancho Carrillo Village “J”, and authorizing the City Clerk to process the map for recording. 10. AB #14.608 - DECLARATION OF PUBLIC NUISANCE AT 2475 TUTTLE STREET. Council adopted RESOLUTION NO. 98-87, setting a public hearing on April 7, 1998, to consider the abatement of a public nuisance at 2475 Tuttle Street, APN 155-160-38. 11. AB #14,609 - MEMORANDUM OF UNDERSTANDING FOR OPERATION AND MAINTENANCE OF AGUA HEDIONDA AND BUENA VISTA PUMP STATIONS. Council adopted RESOLUTION NO. 98-88, approving a Memorandum of Understanding with the City of Vista and the Encina Wastewater Authority for operation and maintenance of the Agua Hedionda and Buena Vista Pump Stations. 12. AB #14,610 - APPROVAL OF AGREEMENT WITH MONTGOMERY WATSON FOR REPORT ON CONDITION OF SEWER LINES. CMWD PROJECT NO. 98-402. Council adopted RESOLUTION NO. 98-89, accepting a proposal and awarding a contract to Montgomery Watson, for the preparation of a Report on the Condition of Sewer Lines, CMWD Project 98-402. 13. AB #14.614 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF AMERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENTS AT KRUGER HOUSE, CONTRACT NO. FAC98-3. Council adopted RESOLUTION 98-91, approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids for the construction of the designated ADA improvements at Kruger House, Contract No. FAC 98-3. ADOPTION OF ORDINANCE: 14. AB #14,611 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF LAS FLORES DRIVE. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- addition of Section 10.44.560 to establish a prima facie 30 mile per hour speed limit upon Las Flores Drive from Jefferson Street to it’s intersection with Highland Drive. - 447, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the AYES: Lewis, Finnila, Nygaard, Kulchin, Hall March 24,1998 @ CITY COUNCIL 0 Page 4 PUBLIC COMMENT: A1 Corbin, 167 Redwood Avenue, Carlsbad, addressed the Council about concerns both he and his neighbors have with the activities taking place at the Sand Bar. He submitted a list of articles, newspaper headlines and signatures from neighbors to the Council, all directed to the Sand Bar issues. Mr. Corbin recommended that Council consider revoking the bar’s cabaret license, set conditions on entertainment hours, down zone the location, and to set a public hearing to discuss the permit parking. City Attorney Ron Ball stated that the matter is currently pending before the ABC and they are expecting a decision from the ABC within a month. He stated that the ABC also controls the hours of operation for the bar as well as the conditions of operation of the Sand Bar. Rezoning is within the City’s power and prerogative, however, changing the zoning would not change the use. It would still be a legal non- conforming use. Mayor Lewis stated that Council does have the option to hold another public hearing on the parking issue, however it would take a member of the majority to make the adjustment to the parking permit. PUBLIC HEARING: 15. AB #14,586 - CT 96-7PUD 97-4/HDP 96-13/CDP 96-13 -KELLY RANCH VILLAGE “E”. ACTION: On motion by Mayor Pro Tem Finnila, Council continued this item to the meeting of April 7, 1998 at the request of the applicant. AYES: Lewis, Finnila, Nygaard, Hall ABSTAIN: Kulchin (due to a conflict of interest) ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD MEETING: Council adjourned to the Carlsbad Municipal Water District Board Meeting at 6:32 p.m., and Council reconvened at 6:38 p.m., with all Council Members present. DEPARTMENTAL AM) CITY MANAGER REPORTS: 16. AB #14,612 - AUTHORIZATION FOR DISPOSAL OF SURPLUS COMPUTERS. Lynn Crockett, 2738 Avalon Avenue, Carlsbad, thanked the Council for serving as honorary chairs for the “KIDS ARE WORTH A MILLION’ project. Ms. Crockett requested that the surplus computers be donated to the Carlsbad Education Foundation for distribution to schools within the Carlsbad Unified School District, including Kelly Elementary School. ACTION: On motion by Mayor Pro Tem Finnila, Council directed staff to proceed with the disposal of surplus property proportionately to the public schools serving Carlsbad children, with the Carlsbad Unified School District’s share being contributed through the Carlsbad Education Foundation and their “KIDS ARE WORTH A MILLION” project. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall March 24,1998 * CITY COUNCIL m Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS (continued): 17. AB #14.613 - PROJECT SELECTION AND FUNDING ALLOCATIONS FOR 1998-99 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGYHOME PROGRAM. Council Member Hall stated the City submitted some applications for funds, and he believed the city programs should be funded by the budget process rather than competing with other agencies for these funds. Mayor Pro Tem Finnila suggested staff develop a form for Council’s use in the future to determine whether individuals wanting to serve on the committee belong to any agencies who are applying for funding. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98- - 90, selecting specific projects for funding under the 1998-99 Community Development Block Grant (CDBG)/HOME Program; and directing staff to prepare a form for use by Council in future committee relations. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 18. AB #14.598 - DESIGN REVIEW BOARD APPOINTMENTS. This item was continued to the meeting of April 7, 1998. COUNCIL REPORT§ AND COMMENTS: Council Members reported on the activities and meetings of some committees and sub-committees of which they are members. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Carlsbad 5000, Sunday, March 29, 1998, 7:OO a.m., at the comer of Jefferson and Grand, Carlsbad. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT. By proper motion, the Regular Meeting of March 24, 1998, was adjourned at 7:07 p.m. Respectfully submitted, a 4. 62GzkJ+ ALETHA L. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk