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Home My WebLink About1989-10-03; City Council; Minutesf 0 0' MINUTES Meet 1 ng of: CITY COUNCIL (Regular Meeting) Date of Meet Ing : October 3, 1 989 Tame of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers I CALL TO ORDER: Mayor iew fs ca I led the Meet lng to order at 6:OO p.m. I ROLL CALL was taken by the City Clerk, as follows: I Present: Counc3f Members Lewls, Pettlne, Mamaux and Larson. I. Absent: Counctl Member Kulchln. I INVOCATION was gtven by Reverend Nancy Norman from the Unlty Center of Christ. PLEDGE OF ALLEGlANCE was fed by Councfl Member Mamaux. APPROVAL OF MINUTES: MPnutes of the Regular Meeting held September 12, 1989, were approved as presented. Mfnutes of the Adjourned Meeting held September 19, 1989 were approved as presented. CONSENT CALENDAR: Mayor Lew Is requested I tern #l be removed from the Consent Ca I end ar. Councll afflrmed the action of the Consent Calendar, with the exception of Item #1 , as fol lows: I WAIVER OF ORDINANCE TEXT READING: CouncJ 1 waIved the reading of the text of at I Ord tnances and Resolutlons at thls Meetlng. (70) 1. AB #10,279 - IMPROVEMENTS TO HOLIDAY PARK PHASE II - PROJECT NO. 3314. Th is ttem was removed from the Consent Ca 1 endar. (74) 2. AB #10,280 - SETTLEMENT OF WORKER'S COMPENSATION CLAIMS - CURTIS MILYARD. (92) 3. Counc'll adopted RESOLUTION NO. 89-346, authorizing the expendlture of funds for settlement of the Worker.ls Compensatlon cla'rms of CurtJs A. MI lyard. AB #10,281 - RATIFICATION OF DOCUMENT FOR ENCINA F I NANC.1 NG . . .~ CouncJl adopted RESOLUTION NO. 89-347, ratlfylng the Instal fment Purchase Agreement, Asslgnment Agreement, Trust Indenture and Off fcial Statement pertalnlng to the Encina Phase IV expanslon and approv i ng certa'in act'rons ref ated to the sa le of revenue bonds by the Encina FOnancfng Joint Powers Authority. ~ I (2 b3 7 ? SPd, MEMBERS COUNCIL \\ %9$~%4, Z. 8 Z. 6 Lew P s X Larson X Mamaux xx Pett l ne X Lew I s X Mamaux X Lew I s X Larson xx Mamaux X Pett I. ne X # 0 0 MINUTES October 3, 1 989 Page 2 CONSENT CALENDAR: (Contfnued) (78) 4. AB #10,282 - EXPANDED JUVENILE DIVERSION PROGRAM. 1~45) Councll adopted RESOLUTION NO. 89-348, approvllng an agreement between the City of Carlsbad and Penny I Velazquez to admInlstrate/facI I Itate the Pol Ece Department's expanded Juvenile Diversion Program. (23) 5. AB #10,283 - ACCEPTANCE OF CALIFORNIA ARTS COUNCIL GRANT. Council adopted RESOLUTION NO. 89-349, accepting a $2,425 grant from the California Arts Council for Artfsts-ln-Residence, the Bilingual Foundation for the Arts and Stuart Fox/Mary Rawc I if fe. (28) 6. AB #10,284 - TRAVEL REQUEST - BEACH EROSION COMMITTEE. CouncT l adopted RESOLUTION NO. 89-352, approv.ing attendance for Beach Erosion Members and the Committee staff representative at the 1989 CSBPA Conference .?n Oxnard, California, October 11 - 13, 1 989. (59) 7. AB #IO9285 - REQUEST FOR AUTHORITY TO DESTROY FILES. Councll adopted RESOLUTION NO. 89-350, authorizlng the destruction of certafn flles In the Information Systems Department. (99) 8. AB # 10,286 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - NORTH COUNTY PLAZA - PD 272. Counci f accepted the improvements, authorized the City Clerk to record the Notice of Completion, and d irected the Uti 1 itles and Maintenance Department to commence malntainlng the public street improvements constructed on Marron Road between Hlghway 78 and Monroe Street. I( 36) 9. AB #10,287 - TRAVEL REQUEST - CITY CLERK. Counci I authortzed the City Clerk to attend the League of Callfornla Cities Annual Conference In San Franclsco from October 22-25, 1989. I ITEM REMOVED FROM THE CONSENT CALENDAR: (70) 1. AB #10,279 - IMPROVEMENTS TO HOLfDAY PARK PHASE I1 - PROJECT NO. 3314. Council Member Mamaux requested a staff report on this .i tern. John Cahill, MunPcipal Projects Manager, reported on the improvements to Hol iday Park and Davld Bradstreet, Parks and Recreation Dfrector, continued the report, stating the pub! IC had requested I ights be put into the park for security reasons, and the restroom was to be rehab! 1 Itated. I 26 - COUNCIL /\I\ %9+%$ MEMBERS + @ + @ 0 0 MINUTES - ( October 3, 1989 Page 3 ITEM REMOVED FROM THE CONSENT CALENDAR: (Continued) Mr. Cah i I I stated that Phase I improvements had included the streets around the park and the parking. CouncPl adopted the followtng Resolution: RESOLUTION NO. 89-345, APPROV'ING PLANS AND SPEC,/ F.1:CAT I ONS AND AUTHOR I Z I NG THE ADVERT I SEMENT OF PARK, PHASE II, PROJECT NO. 3314. B'I DS FOR THE CONSTRUCT I ON OF IMPROVEMENTS TO HOL I DAY PUBLIC COMMENT: There were no requests to address Council at thls time. ORDINANCES FOR ADOPTION: : 72) 10. AB #10,257 - "TWO HOUR" PARK I NG ZONE ON A PORT1 ON OF PASEO DEL NORTE AND CAR COUNTRY DRIVE. Counci I adopted the fol lowing Ordinances: (one motion) ORDINANCE NO. NS-88, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUN IC IPAL CODE BY THE ADD IT I ON OF SECTION 10.40.72 TO DECLARE "TWO-HOUR PARKING" BETWEEN 8:OO A.M. AND 6:OO P.M., MONDAY THROUGH FRIDAY, WITH HOLIDAYS EXCEPTED, ON BOTH SIDES OF PASEO DEL NORTE FROM CANNON ROAD TO ITS INTERSECTION WiTH CAR COUNTRY DRIVE. ORDINANCE NO. NS-89, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.40.073 TO DECLARE "TWO-HOUR PARKING" BETWEEN 8:OO A.M. AND 6:OO P.M., MONDAY THROUGH FRIDAY, WITH HOLIDAYS EXCEPTEDy ON BOTH SIDES OF CAR COUNTRY DRIVE FROM CANNON ROAD TO ITS INTERSECTION WITH PASEO DEL N ORTE . DEPARTMENTAL AND CITY MANAGER REPORTS: (72) 11. AB #1OY288 - NO PARKING ZONE ON PONTIAC DRIVE BETWEEN TAMARACK AVENUE AND VICTORIA AVENUE. Bob Johnson, Traffic Engineer, gave the staff report as contalned in the Agenda Bi I I, using a transparency to show the street and the b lcyc le lanes to be marked. Councl I introduced the fol lowlng Ord Inance: ORDINANCE NO. NS-90, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUN IC I PAL CODE BY THE ADD laT1 ON OF SECT ION 10.40.074 TO DECLARE A "NO PARK I NG" ZONE ON THE EASTERLY S:IDE OF PONTIAC DRIVE FROM TAMARACK AVENUE TO VICTORIA AVENUE AND ON THE WESTERLY SIDE OF PONTIAC DRIVE FROM TAMARACK AVENUE TO A .PO 1 NT 140 FEET SOUTH OF THE SOUTHERLY BOUNDARY OF THE RIGHT-OF-WAY OF VICTORIA AVENUE. (70) 12. AB #10,289 - GRAFFITI PREVENTION AND REMOVAL. This Dtem was continued. ~ Ab/ - COUNCIL /\I\ %9$%$ MEMBERS % 8 Z. 8 Lew i s X Pett 'z ne X X Larson xx Mamaux Lew P s X Pett i ne X X Larson xx Mamaux tew is X Pett I ne X X Larson xx Mamaux 0 0 MINUTES c - ( October 3, 1989 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Conttnued) 36) 13. AB #10,290 - CALIFORNIA PUBLIC INTEREST RESEARCH GROUP (CALPI,RG) REQUEST FOR FUNDS. Jeffrey Francls, Consumer Program Director for CALPIRG, addressed Counci I, requestfng Carlsbad to ai locate from $5,000 to $10,000 to save thEs consumer program. Councl I consensus was to have this request f 3 1 ed and re- submitted at the regular budget time. (28) 1 4. AB #10,291 - RECOMMENDAT I ON BY THE VETERANS MEMORIAL COMMITTEE. ConnFe Beardsley, Arts Manager, and Wayne BFschoff, Cha:irman of the Veterans Memorial Commlttee, gave the staff report as contained in the Agenda Bi 1 I. Mr. Bischof f stated the Commfttee had agreed to recommend the mernorlal although the public survey I nd fcated 62 people in favor and 210 opposed. The Committee also felt th;s did not represent the feelfngs of the entlre community, and that the project was Important enough to recommend it go forward. Fernando Rivera, 2039 Wll lowocd Lane, Enclnitas, presented a counter-proposal, stating thls proposed memorial was demoralfzing. He felt It should be insp ir Ing and shou Id be a sculpture that is proud. Mr. Rivera felt the cost of this memorial was excessfve and that the City shou Id take advantage of the resources available In Carlsbad to design a mernorlal that would mean that those who died In Service had not died En vain. Mayor Lew is stated he was in favor of some type of veterans memor la1 , and the Committee had agreed that St should :include a! I wars. He sald that al I types of memorials were studled, including bufldings, a clock tower, etc. He fe 1 t the Committee had chosen a memor la1 that wou Id rernlnd everyone of the ultimate sacrlf Ice those soldiers had made in serving their Country, and he cou l d support th is mernor I a 1 . Council Member Mamaux stated he wanted a functional type of monument, and in talking with the cltizens, he felt thfs statue was dramatlc, but wasn't in the best Interest of Carlsbad. He suggested having the Committee continue to search for an appropriate monument. Councfl Member Larson said that artwork creates controversy and ,is part of the function of art. He expressed appreciation for the work of the Commfttee so far and agreed w fth hav i ng them . go back and look at thls agaln. Mr. Larson sald he agreed with the concept of a monument. 260 l- COUNCIL /\I\ %9$s\ MEMBERS .;E. tp .;E. 8 *. 5 e 0 MINUTES October 3, 1989 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Councll Member Larson suggested hJring an artist to submit Ideas to the Committee on proposed memor la Is. Councfl Member Pettine said he felt this memor'ral wou Id be movl ng and have an impact on peop I e, wh l 1 e sending a message to the young people of what war is all about. He supported the recommendation. Mayor Lewis made a motlon to accept the recommendation of the Veterans Memorlal Committee and proceed. The motlon faIled for lack of a quorum. City Manager Ray Patchett stated that staff would outl Ine a process to the Committee and let them react to that, and if an artist Is to be hired, that contract would cane before Counclt. He suggested that processes other than art mlght be consldered. Council returned the Veterans Memorbal project to the Veterans Memor la I CommI ttee and d irected staff to work w Ith them In sett'ing up a process for selection of a monument and financfng. COUNCIL REPORTS: Council Members reported on recent meetlngs and activltles of the Commlttees and Sub-Cornmlttees of whlch they are Members. CITY ATTORNEY COMMENTS: City Attorney Vlncent Biondo stated he would be in Seattle next Tuesday to present his paper entFtled "How Can the Lawyer Lose When the Client Wins? Bar Association Rufes Agafnst Fee Waivers in Settlement Offers - Ethics or Income Protection?". He wF1l be speaking at the National Institute of Municipal Law OffPcers Annual Conference. ADJOURNMENT: By proper motIon, the Meetlng of October 3, 1989, was adjourned at 7:09 p.m. Respectfully submftted, (&hZL%. 8lf?!T ALETHA L. RAUTENKRANZ CBty Clerk Harrlett Babbltt M I nutes C I erk 257 ._ S% MEMBERS COUNCIL \\ %?&%$, Z. 8 + 8 Lewis ) Larson } Mamaux X Pett I ne xx Lew I s xx Larson X Mamaux X Pett i ne X