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Home My WebLink About1991-11-19; City Council; Minutes (2)-I 0 0 Meeting of: CITY COUNCIL (Regular) Date of Meeting: November 19, 1991 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:Ol p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent: None. INVOCATION was given by Rabbi Eilfort of Chabad at La Costa Center. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Kulchin. PRESENTATION: Mayor Lewis presented a Proclamation for "Buckle Up for Life Challenge" to Police Chief Vales. APPROVAL OF MINUTES: (one motion) On motion by Mayor Pro Tem Kulchin, Council approved the following Minutes: Minutes of the Special Meeting held November 5, 1991. Minutes of the Regular Meeting held November 5, 1991. Minutes of the Special Meeting held November 12, 1991. Minutes of the Regular Meeting held November 22, 1991. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard ABSTAIN: Mayor Pro Tem Kulchin on November 5, 1991, Minutes. CONSENT CALENDAR: Items #2, #7 and #9 were removed from the Consent Calendar. ACTION: On motion by Council Member Nygaard, Council affirmed the action of the Consent Calendar, with the exception of Items P2, #7 and #9. - AYES : Lewis, Kulchin, Larson, Stanton and Nygaard WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting . 1. AB #11,443 - TEMPORARY FINANCING FOR THE PALOMAR AIRPORT ROAD INTERCHANGE. Council adopted RESOLUTION NO. 91-373, approving an agreement with SANDAG for the loan of TransNet funds for the Palomar Airport Road Interchange Project . 2. AB #11,444 - GUIDE TO THE DEVELOPMENT OF CHILD CARE CENTERS. This item was removed from the Consent Calendar. d3 9 r 0 a November 19, 1991 Page 2 CONSENT CALENDAR: (Continued) 5 3. AB #11,445 - FOURTH AMENDED UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICE 1 AGREEMENT. Council adopted RESOLUTION NO. 91-374, approving the Fourth Amended Unified San Diego County Emergency Services Agreement. 4. AB #11,446 - AUTHORIZATION TO TRAIN FOUR FIREFIGHTERS AS PARAMEDICS. Council adopted RESOLUTIONNO. 91-375, amending the Fire Department budget for training costs, and increasing the number of authorized Paramedic positions to 21. 1 5. AB #11,447 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - SPYGLASS POINTE - CT 84- - 10. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public street and sewer improvements constructed at the northeast corner of Altiva Place and Alicante Road. 6. AB #11,448 - DONATION OF FUNDS TO CRIME STOPPERS, INC.. Council adopted RESOLUTION NO. 91-376, authorizing the donation of $1,000 from the Police Asset Forfeiture Fund to Crime Stoppers, Inc. 7. AB #11,449 - SETTLEMENT OF SAN MARCOS INCINERATOR LITIGATION. This item was removed from the Consent Calendar. 8. AB #131.450 - PERSONNEL BOARD RECOMMENDATION REGARDING W. THOMAS COLEMAN. Council adopted RESOLUTION NO. 91-377, accepting the recommendation of the Personnel Board regarding the termination of W. Thomas Coleman. 9. AB #11,436 - RESOLUTION OF LAWSUIT - KEL-CALI ET AL V. CITY OF CARLSBAD, CASE NO. N49825. This item was removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR: 2. AB #11,444 - GUIDE TO THE DEVELOPMENT OF CHILD CARE CENTERS. ACTION: On motion by Council Member Nygaard, Council accepted the "Guide to the Development of Child Care Centers" report prepared by the International Child Resource Institute. AYES : - Lewis, Kulchin, Larson, Stanton and Nygaard 7. AB #11,449 - SETTLEMENT OF SAN MARCOS INCINERATOR LITIGATION. City Attorney Vincent Biondo stated this was the agreement resolving the San Marcos incinerator litigation, and Mayor Lewis read a prepared statement concerning the matter, and distributed a copy to Council. ACTION: On motion by Mayor Lewis, Council accepted the Litigation Settlement as presented. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard' 238 1 0 0 November 19, 1991 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued) 9. AB #11,436 - RESOLUTION OF LAWSUIT - KEL-CAL, ET AL V. CITY OF CARLSBAD, CASE NO. N49825. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 91- - 370, resolving the lawsuit entitled Kel-Cal, Kelly Family Carlsbad Partnership, Kelly Family Investment Partnership, Kaufman and Broad of Southern California, Inc., v. City of Carlsbad, Case No. N49825, by accepting plaintiff's dismissal of the case in return for exchange of mutual releases. AYES : Lewis, Larson, Stanton and Nygaard ABSTAIN: Mayor Pro Tem Kulchin PUBLIC COMMENT: A. J. Skotnicki, 2668 Sausalito Avenue, spoke of his concern about the water to be used for the Calavera Lake golf course. He read a letter he had delivered to Mr. Frazee's office suggesting he sponsor legislation regarding restrictions for use of potable water for golf courses, ballfields and other similar sports fields. ORDINANCE FOR ADOPTION: 2 10. AB #11,451 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON CANNON ROAD. ACTION: On motion by Mayor Pro- Tem Kulchin, Council adopted ORDINANCE NO. NS-187, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the addition of Section 10.44.380 to establish a prima facie 35 mile-per-hour speed limit upon Cannon Road from Carlsbad Boulevard to Car Country Drive. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:22 p.m., and re-convened at 7:13 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #11,452 - REQUEST FROM CARING RESIDENTS OF CARLSBAD FOR ASSISTANCE FOR EMERGENCY SHELTER. Kathleen Dunn Wellman, 4217 Isle Drive, representing Caring Residents of Carlsbad, requested approval. ACTION: On motion by Council Member Larson, Council adopted RESOLUTION NO. 9 1-378, authorizing deferment of all impact fees for La Posada de Guadalupe, contributing an amount equivalent to the cost of all normal permit, inspection, plancheck and Mello- Roos assessment fees, and donating the CMWD surplus office trailer to Caring Residents of Carlsbad. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 12. AB #11,453 - REQUEST FOR ESTABLISHMENT OF PONTO BEACH PARKING CONTROLS. David Carr, 3322 Venado Street, spoke in opposition to eliminating the free parking, and he read from a letter previously distributed to Council. a37 e 0 November 19, 1991 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: Grant Jensen, P. 0. Box 942896, Sacramento, representing the California Department of Parks and Recreation, requested approval of their request to eliminate the parking along Carlsbad Boulevard because of the proximity to the access of their new parking lot. Mike Howes, 4467 Gladstone Court, supported preserving this public access to the beach and denying the State's request to eliminate this parking. ACTION: On motion by Mayor Pro Tem Kulchin, Council denied the request of the State Parks and Recreation Department to eliminate parking along Carlsbad Boulevard fromthe Batiquitos bridge to north of La Costa Avenue. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 13. AB #11,438 - CARLSBAD STATE BEACH PARKING FEES. John Anawalt, representing the Carlsbad Chamber of Commerce, urged the Council to actively oppose parking fees at the Tamarack parking lot. 1ST MOTION: It was moved by Mayor Pro Tem Kulchin that Council work with other coastal cities and organizations to continue to actively oppose the imposition of beach parking fees on the basis that it limits coastal access and creates pedestrian hazards. AMENDMENT: Council Member Larson made a motion to amend the original motion to state that should the situation occur that parking fees would be imposed at the Tamarack lot during the 1991-92 year, Council would enter into an agreement, pro-rated, with the State of California to pay $36,000 in exchange for free parking. Motion passed unanimously. ACTION: Council will work with other coastal cities and organizations to continue to actively oppose the imposition of beach parking fees on the basis that it limits coastal access and creates pedestrian hazards; and should the situation occur that parking fees would be imposed at the Tamarack lot during the 1991-92 year, Council would enter into an agreement, pro- rated, with the state of California to pay $36,000 in exchange for free parking. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 14.- AB #11,454 - CAPITAL IMPROVEMENT PROGRAM - 1991-92 TO BUILDOUT. Council accepted the report. 15. AB #11,412 - APPOINTMENT TO SISTER CITY COMMITTEE. This item was continued. 236 m e November 19, - 1991 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: 16. .AB #11,441 - HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 91- 372, appointing Members to the Housing and Redevelopment Advisory Committee, as follows: Jim McNeill, Jeanine Rasha, Keith Meloy, Robert Zavala, Belynn Gonzales, Sarah Marquez, Thomas Betz, Witt Rowlett and Walter Riche. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard COUNCIL REPORTS: Council Members reported on the meetings and activities of the various Committees and Subcommittees of which they are Members. ANNOUNCEMENT: Mayor Lewis announced that all Council Members have been invited to attend the opening of the Library's Centro de Informacion on Saturday, November 23, 1991, at 11:OO a.m. ADJOURNMENT: By proper motion, the Meeting of November 19, 1991, was adjourned at 9:00 p.m. Respectfully submitted, L2Jk&LPg- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk a35