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HomeMy WebLinkAbout1991-11-05; City Council; MinutesMINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: November 5, 1991 Time of Meeting: 6:00 p.m. Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:16 p.m. ROLL CALL was taken by the City Clerk, as follows: -- Present: Council Members Nygaard, Stanton, Larson and Mayor Lewis. Absent: Mayor Pro Tem Kulchin. INVOCATION was given by Mayor Lewis. PLEDGE OF AGIANCE was led by Council Member Stanton. APPROVAL OF MINUTES: The Minutes of the Regular Meeting held October 22, 1991, were approved as presented. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, as follows : WAIVER OF OFUINANCE TEXT READING: Council waived ths reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #11,415 - ENCINA ADMINISTRATIVE AGENCY NAME CHANGE. Council adopted RESOLUTION NO. 91-354, approving an amendment to the Revised Establishment Document and the Revised Basic Agreement changing the name of the Encina Administrative Agency to the Encina Wastewater Authority. 2. ABl1.416 - ACCEPTANCE OF OFFERS OF DEDICATION AND AGREEMENTS WIT13 UTILITY COMPANIES FOR TAMARACK AVENUE IMPROVEMENTS. Council adopted RESOLUTION NO. 91-355, accepting previously refused offers of dedication for street improvenent purposes along Tamarack Avenue; and adoptsd RESOLUTION NO. 91-356, approving the paymerit of $251,195 to San Diego Gas and Electric Coapany as an advance deposit for undergrounding of electrical linss on Tamarack Avenue; aad adopxed _RESOLUTION NO. 91-357, approving the payment 2f $50,288 to Pacific Bell as an advance deposit for undergrounding of the telephone lines on Tamarack Avenue. MINUTES November 5, 1991 Page 2 CONSENT CALENDAR: (Continued) 3. #i1,417 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - PALOMAR AIRPORT ROAD MEDIAN - PIP NO. 87-07. Cudncil accepted the improvements; authorized the City Clerk to record the Notice of Completion and release bonds in accordance with State Laws and City Ordinances; directed the Utilities and Maintenance Department to commence maintaining the public median improvements; and directed the Parks and Recreation Department to maintain the median landscaping constructed at Palomar Airport Road and Camino Vida Roble. 4. hB #11,418 - SETTLEMENT OF WORKERS COMPENSATION CLAIMS BY RICHARD K. SMITH. - Council adopted RESOLUTION NO. 91-358, approving the Compromise and Release and the payment of $17,000 to Richard K. Smith as settlement in full of his various workers compensation claims. 5. AB #11,419 - AGREEMENT FOR CONDITIONS OF APPROVAL FOR CITY TO CONVEY A WATER LINE EASEMENT ACROSS FUTURE PARK SITE IN ZONE 19. Council adopted RESOLUTION NO. 91-359, approving an agreement for conditions of approval for the City to cxvey a water line ease~nent across a portion of a fut~re park site in Zone 19 of the Local Facilities Management Program - CMWD Project 86- 109. 6. AB #11.420 - LICENSE AGREEMENT WITH AT&SF KAILWAY COMPANY FOR THE HOME PLANT PUMP STATION AND FORCF MAIN PROJECT. Council adopted RESOLUTION NO. 91-360, approving a License Agreement with the Atchison, Topeka and Santa Fe Railway Company (AT&SF) for construction of the Hone Plant Pump Station and Force Main Project . 7. AB #ll,421 - SETTLEMENT OF WORKERS COMPENSATION CLAIM OF PSIL PAGE. CouncLl adopted RESOLUTION NO. 91-361, approving the Sti~ulstions with Request for Award authorizing payment of $19,425 to Phil Page as settlement of his workers compensation claim. 8. AB 511,428 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL. Council authorized Battalion Chief Brian Watson to travel to the National Fire Academy in Emrnitsburg, Maryland. i MINUTES November 5, 1991 Page 3 CONSENT CALENDAR: (Continued) 9. AB #11,427 - ADDITIONAL APPROPRIATION FOR IMPROVEMENTS TO EL CAMINO REAL FROM CHESTNUT AVENUE TO HOSP WAY - PROJECT NO. 3325. Council adopted RESOLUTION NO. 91-363, appropriating an additional $29,000 to Project No. 3325 for the construction of improveinents to El Camirlo Real from Chestnut Avenue to Hosp Way. 10. NUMBER NOT USED. PUBLIC COMMElJT : There were no requests to address Council at this time. OSDINANCE FOR ADOPTION: - 11. AB #11,422 - ADOPTION OF ORDINANCE NO. NS-183 - MANDATOjttRECYCLING. Council adopted the following Ordinance: ORDINANCE NO. NS-183, amending Title 6, Chapter 6.09, of the Carlsbad Municipal Code to mandate recycling. PUBLIC HEARINGS: 12. AB #11.423 = SPECIFIC PLAN 208, AMENDMENT-TO THE ZONING MAP AND AMErJDMENT TO THE KI)M ZONE - SP208/ZC 90-5/ZCA 91-4. Mayor Lewis opened the duly noticed Public Hearing at 6:34 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Council adopted the following Resolution and introduced the follob~ing Ordinances: (one mction) RESOLUTION NO. 91-362, approving a Negative Declaration for a Specific Plan to establish development standards for five parcels generally located at the northwest corner of La Costa Avenue and Levante Street, a zone change to place the Q- Overlay Zone on those parcels, and a Zone Code Amendment to the RD-M Zone. ORDINANCE NO. NS-184, approving Specific Plan 208 establishing development standards on property generally locted on the northwest corner of La Costa Avenue and Levante Street. ORDINANCE NO. NS-185, amending Title 21 of the Carlsbad Municipal Code by an amendment to the zoning map to grant a zone change from RD-M to RD- M-Q on 3.85 acres of proserty generally located on the northwest corner of La Costa Avenae and Levante Street. Lewis X Larson X Stanton X Nygaard X X Lewis X Larson X X St anton X Nygaard X a MINUTES November 5, 1991 Page 4 PUBLIC HEARINGS: (Corltinued) ORDINANCE NO. NS-186, amending Title 21 of the Carlsbad Municipal Code Chapter 21.24 by addition of Section 21.24.160 (to allow the decision-making body to impose special conditiorls or requirements when reviewing discretionary permits on lots in the RE-M Zone that adjoin R-1 zoned properties). 13. AB #11,408 - KHADEM ADMINISTRATIVF VARIANCE APPEAL - AV 90-13. Mayor Lewis opened the duly noticed Public Hearing at 6: 44 p.m., and issued the invitaticm to speak. Farus Khadem, 7327 El Fuerte, the applicsnt, stated she and her husband hired a licensed contractor to construct their home and the fence. They were told no permit was necessary since the fence Mas part of the landscaping. Mrs. Khadem said the last: two columns have Seen re-constructed to ensure a view of the driveway to the south, as safety should be the first consideration. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:48 p.m. Council denied the appeal without prejudice, upholding the Planning Commission's denial of the Administrative Variance 90-13, and directed staff to assist Mr. and Mrs. Khadem in re-applying for an Administrative Variance for the stepped ~ortioas of the lot and requiring compliance on the level grade. DEPARTMENTAL AND CITY MANAGER REPORTS: 14. AB #11,426 - REOUEST FOR AUTHORIYATTON TO RETAIN APPRAISAL AT 6550 PONTO DRIVE. David Sonuners, 2048 Aldergrove Avenue, representing the Mobile Home Park Conversion Consultants, stated his firn had been hired to assisz the residents at Lanakai Lanes in the acquisition of this park at a future date. He spoke in favor of the appraisal. Cheryl McCabe, 6550 Ponto, stated there are 146 homes in che park and they are well--represented here tonight. She stated that because of escalating rents, many people are forced out of the park, and she spoke in favor of the appraisal. Leslie Tanner, 6550 Fonto Drive, staLed that all help would be appreciated. MINUTES November 5, 1991 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council directed staff to retain an Appraiser to appraise the property at 6550 Ponto Drive, Carlsbad. RECESS : I Mayor Lewis declared a Recess at 7:04 p.m., and Council re-convened at 7:09 p.m., with four Members present and Mayor Pro Tem IZulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 15. AB #11,410 - PROHIBITION OF SKATEBOARDING IN CERTAIN AREAS OF THE CITY. Lee Bohlmann, 5411 Avenida Encinas, representing the Chamber of Commerce, spoke in favor of the Ordinance. Jack Missett, 3808 Roosevelt Street, representing JMTV, stated vandalism is the issue and the damage and harassment are substantial and constant. He spoke in favor of the Ordinance. John Jones, 3044 State Street, spoke in favor of the Ordinance. He said a place should be provided for the young people to skateboard. Bill Ryburn, 2019 Estero Street, Oceanside, a property owner at the southwest corner of State Street and Carlsbad Village Drive, spoke in opposition to the Ordinance, but felt there should be rules and regulations and enforcement. Jim Watson, 3283 Lincoln Street, spoke in opposition to the Ordinance, stating that the problem is vandalism, not skateboarders. Susan Begg, 2813 Via Pajaro, spoke in opposition, stating the skateboarders should be given a place where they can skateboard. Kay Dietze, 7056 Snapdragon Drive, spoke in opposition, stating it was not appropriate to ban a sport because of the activity of a few. This is the transportation to the beach for many skateboarders and with this Ordinance, they would be denied that access. Roger Peterson, 180 Cherry Avenue, opposed the Ordinance, and agreed this was a means of transportation for many skateboarders. He concurred that an area for skateboarders was needed. MINUTES November 5, 1991 Page 6 - - - pp - DEPARTLIENTAL AND CITY MANAGER REPORTS: (Continued) Craig Hayes, 7060 Snapdragon, spoke in opposition, stating he needed hi.s skateboard for transportation. Rose Dietze, 7056 Snapdragon Drive, stated she opposed this proposed Ordinance. Paul Vicker, 3350 Harding, opposed the Ordinance, stating none of the skateboarders in his neighborhood belonged to gangs. He said that vandalism is the problem. Charles Richardson, 2054 Avenue of the Trees, stated the energy of the children should be used to involve them in the community and get their input on this matter. Carole Blodgett, 1706 Evergreen Circle, stated there should be a place for skateboarders to skate. The vandalism should stop, but skateb~arders should have ID'S and licensing and there should be a compromise to solve the problem. George Salvador, 165 Sycamore Avenue, stated he taught his sons to skateboard and this Ordinance is frightening. He asked that the skateboarders not be asked to skate in the bicycle lanes. Tia Begy, 2813 Via Pajaro, spoke in opposition to the Ordinance. Jordan ilietze, 7056 Snapdragon, stated the skatsboarders could not be blamed for the vandal.ism. He concurred that a skateboarders' park should be provided. Oliver Flores, 3540 Madison, spoke in opposition to the Ordi nance . Veronica Ilores, 33540 Madison, stated a solution is needed, but more time should be spent on the problem. Stie suggested v~lunteer work for those who eng&ye j.3 vandalisn. Billy Ruff, 4550 Lambeth Court, stated that skateboardirig had kept him away from drugs and gangs. He sqgssted building a park for the skateboarders and agreed that they should not be in the bike lanes. Mr. Ruff suggested self-policing among the skaters. Jeanie Kroll, 1236 Laguna, spoke in opposition to banning skateboarding. Geoffrey Bell, 3686 Highland Drive, a businessman at Jefferson and Carlsbad Village Drive, stated a youth center was needed. He felt the damage downtown by skateboarders shouid become their responsibility. Phillip Ramsey, spoke in opposition to the banning of skateboarding. MINUTES November 5, 1991 Page 7 DBPARTMENTAL MU CITY MANAGER REPORTS: (Continued) Witt Rowlett, 7206 Daffodil Place, owner of two businesses skateboard related, stated his businesses would be affected if this Ordinance were passed. He stated that the skateboards are used for transportation and he said that he spends time giving instructions to the children about safe skateboarding. He said that there are laws against vandalism which should be enforced. Mr. Rowlett said he supported the portion of the Ordinance stating it is unlawful to ride a skateboard on private property or where signs are posted by the owners of th~ property. Also, he suppgrted the City having the ability to regulate the use of skateboards on specified public property or public rights-of way up011 the placement of appropriete signs. Tom Flynn, 7420 Carlina Street, stated the skateboarders are ready to be trusted with 'the opportunity to skate reliably and with good manners . Mayor LEWIS scgqested, and Council concurred that Mayor Lswis and Council Member Larson would serve on a Skatezoard Task Force with Roger Peterson, Craig Hayes, John Jones, Mrs. Flores, George Salvadol and Witt Rowlett to at the issue and problems, and develop a workinc salution. MUNICIPAL WAXLR DISTRICT: Council adjzurnod to the Xunicipal Water gistrict at 9:lO p.m., a~cl re-convened at 9:11 p.m., with four Members present and Mayor Pro Tern Kulchin absent. HOUSING AND HEDi?,YELOPUEllT COMMISSION: Council adjourned to the Eousing and Redevelopment Commission at 9:11 p.m., and re-convened at 9:12 p.m., with four Members present and Mayor Prc Tern Kulchin absent. DEPAKTMENTAL AND CITY MmAGER REPORTS: (Continued) 16. AB #11,424 - OPEN SPACE ADVISORY COMMITTEE ANNUAL REPORT. By consensus, Council accepted the 1390-91 Annuai Repoct of the Open Space Advisory Comiittee. 8 @ MINUTES November 5, 1991 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 17. AB #11,425 - GROWTH IIANAGEMENT MID-YEAR MONITORING REPORT. By consensus, Council accepted the Mid-Year Growth Management Monitoring Report. 18. AB #11,41E - APPOINT14ENT TO SISTER CITY COMMITTEE. This item was continued. COUNCIL REPORTS: Council Members reported on the meetings and activities of the Subcommittees and Committees of which they are Members . Mayor Lewis ancounced that all Council Members had besn invited to a lvnzheon at 12:30 p.m., November 7, 19%, for a luncheon at Neimane with the delegation from Sister City i?ut.ts~, Japan. ADJOURNMENT: By proper motion, the Meeting of November 5, 1991, was adjourned at 9:25 p.m. Respectfully submitted, ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clezk