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