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Home My WebLink About1991-12-17; City Council; Minutes0 v MINUTES OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 17 , 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 6:12 p.m. ROLL CALI, was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent: None. INVOCATION was given by Reverend Douglas Woodridge of St. Michael's Episcopal Church. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Kulchin. PRESENTATION: Mayor Lewis was presented an award for the City's Trauma Intervention Program. This award was presented on September 25, 1991, in New York City, and was sponsored by the Ford Foundation and the Kennedy School of Government at Harvard University. Mr. Wayne Fortin, Program Founder, presented a video showing the Trauma Intervention Program in operation and an NBC news segment featuring this Program. Mayor Lewis presented City Attorney Vincent Biondo a Certificate of Appreciation for his excellent service to the City. Mr. Biondo resigned as City Attorney effective January 3, 1992. Leslie Stouffer presented a plaque to the Mayor and told of her recent trip with the dance troupe to Futtsu, Japan, Carlsbad's Sister City. APPROVAL OF MINUTES:. On motion by Mayor Pro Tem Kulchin,. Council approved the Minutes of the Regular Meeting held December 3, 1991. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard CONSENT CALENDAR: ACTION : On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, as follows: 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. J 1. AB #11,480 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of City investments as of November 30, 1991. as7 0 m December 17, 1991 Page 2 CONSENT CALENDAR : ( Continued ) I 2. AB #11,481 - PURCHASE OF POLICE MOBILE COMMUNITY SERVICE POST. Council adopted RESOLUTION NO. 91-401, appropriating funds, accepting a bid in the amount of $121,240 and authorizing the execution of a purchase order for the purchase of a Mobile Community Service Post from Callen Camper Company. I 3. AB #11.482 - ABOVE-GROUND ENCROACHMENT AT 2735 CAZADERO DRIVE. 1 Council adopted RESOLUTION NO. 91-402, approving an above-ground encroachment for a retaining wall along a portion of each side of the driveway at 2735 Cazadero Drive. 1 4. AB #11,483 - REVISION OF STANDARDS FOR INSURANCE AND SURETY BONDS. Council adopted RESOLUTION NO. 91-403, revising the standards for insurance and surety bonds. 17 5. AB #11,484 - RESOLUTION OF INTENTION TO VACATE A PORTION OF IMPALA DRIVE WEST OF ORION STREET. Council adopted RESOLUTION NO. 91-404, declaring the intention to vacate a portion of Impala Drive west of Orion Street, and directing staff to set the matter to public hearing on January 21, 1992. 16 6. AB #11,490 - EXPIRATION OF INTERIM ORDINANCE PROHIBITING INCREASE IN SIZE, LOCATION OR GENERATING CAPACITY OF SDG&E'S ENCINA POWER PLANT. Council received and filed the report on the status of actions which have been taken since the adoption of the urgency ordinance prohibiting the expansion of the gas and electric utility facilities. 1 7. AB #11,491 - ACCEPTANCE OF RESIGNATION OF CITY ATTORNEY AND APPOLNTMENT OF ACTING CITY ATTORNEY. Council adopted RESOLUTION NO. 91-408, accepting the letter of resignation of Vincent F. Biondo, Jr., as City Attorney, and appointing * Ronald Ball as Acting City Attorney. PUBLIC COMMENT: J. K. Irving, representing CCEA, requested a public hearing to resolve issues and a public debate to present both sides of the employee negotiations with the City. Shirley Cole, 1252 Basswood Avenue, presented an original poster for San Diego County to the City for the City's participation in the War On Poverty. PUBLIC HEARING: 1 8. AB #11.485 - TENTATIVE TRACT MAP - CT 90-36 AVIARA PLANNING AREA 26(S). Mayor Lewis opened the duly-noticed Public Hearing at 6:53 p.m., and issued the invitation to speak. Paul Klukas, Director of Planning for Hillman Properties, stated that Aviara concurs with the conditions of approval and staff's recommendat ion. 258 m w December 17, 1991 Page 3 PUBLIC HEARING: (Continued) Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:55 p.m. ACTION: On motion by Mayor Pro Tem Kulchin, the Council directed the City Attorney to prepare documents approving the Negative Declaration and CT 90-36, as approved by the Planning Commission. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard HOUSING AND REDEVELOPMENT COMMISSION MEETING: Council adjourned to the Housing and Redevelopment Commission at 6:55 p.m., and re-convened at 6:56 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: I 9. AB #11,486 - SKATEBOARDING ORDINANCE. Witt Rowlett, Chairman of the Skateboard Committee, gave the report, stating this was a compromise measure and the result of the Committee's work. Arden Graff, 1924 Swallow Lane, representing West Bluff Plaza, spoke in favor of the Ordinance. Matt Goldsby, 930 Knowles, a skateboarder, asked how the areas to ban skateboarding were selected, and opposed any ban on skateboarding. Mr. Rowlett replied to Mr. Goldsby, stating there are only three area's, the parking lot at Carlsbad Village Drive and State Street, where there are senior residents who object to the late-night disturbances; the downtown fountain area at State and Grand, where there has been extensive damage, and the new Sculpture Park, which is not completed,at this time. This is an expensive Park and damage could be done to the benches to be installed in that area. ACTION: On motion by Council Member Larson, Council introduced ORDINANCE NO. NS-188, amending Title 10 of the Carlsbad Municipal Code by the addition of Chapter 10.58 to prohibit skateboarding within certain areas of the City. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 0 10. AB #11,487 - RESPONSE TO LITIGATION THREAT FROM DEPARTMENT OF BOATING AND WATERWAYS CONCERNING AGUA HEDIONDA LAGOON. Councii Member Stanton stated she would abstain from discussion on this item and left the dais. Paul O'Neal, 5315 Avenida Encinas, representing the San Diego Gas & Electric, stated they are in full support of Option 3 and would allow the City to be out of the middle lagoon. As far as the YMCA, he stated he had directed staff to talk with them and set in process the development of a lease. Mr. O'Neal said if SDG&E does dredge the lagoon, they will place the sand any place the City desires. 257 m a December 17, 1991 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Richard Mahler, 4519 Cove Drive, #7, Secretary for the Bristol Cove Homeowners Association, stated no permits are issued to use the lagoon unless the insurance is checked by their property management company. The Homeowners Association supports Option 3, and will continue their insurance requirements and not issue permits through Bristol Cove unless the applicant is properly insured. Greg Rusing, 4310 Brooks Way, Manager of Snug Harbor Marina, spoke in favor of Option 3. He stated they would continue to require the $300,000 insurance, but would delete the requirement to name the City as an additional insured. Mayor Lewis stated he would oppose Option 3, as he felt Option 1 was the proper avenue to follow to try, and to let the courts decide, if necessary. ACTION: On motion by Council Member Larson, Council adopted RESOLUTION NO. 91-405, waiving its rights and relieving Dr. Sarkaria of his obligations under the November 6, 1980, supplement to his agreement with the City of Carlsbad for use of Agua Hedionda Lagoon; and Council determined to leave the existing lagoon ordinance and regulations in place, and directed staff to initiate steps to amend the lease with SDGGtE by eliminating the middle portion of the lagoon (contingent upon the successful negotiation of a lease between SDG&E and the YMCA), and continuing to lease the inner portion only. AYES: Kulchin, Larson and Nygaard ABSTAIN : Council Member Stanton NOES : Mayor Lewis Council Member Stanton returned to the dais. 97 11. AB #11,488 - AGREEMENTS WITH VISTA AND SAN MARCOS FOR CONSTRUCTION OF 45 PALOMAR AIRPORT ROAD AND SAN MARCOS BOULEVARD FROM EL CAMINO REAL TO ACACIA AVENUE. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 91-406, approving an agreement between the City of Carlsbad and the City of San Marcos for the construction of Palomar Airport Road and San Marcos Boulevard improvements from El Camino Real to Acacia Avenue; and RESOLUTION NO. 91-407, approving an agreement between the City of Carlsbad and the City of Vista for the construction of Palomar Airport Road and Vista Boulevard improvements from El Camino Real to Acacia Avenue. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard RECESS : Mayor Lewis declared a Recess at 7:58 p.m., and Council re-convened at 8:05 p.m., with all Members present. 2 t56 m ’. December 17, 1991 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 7 12. AB #11,489 - CITY COUNCIL GOALS AND OBJECTIVES FOURTH OUARTER 1991 REPORT. Council received a presentation from staff on the 1991 City Council Goals and Objectives. I 13. AB #11,466 - CARLSBAD ARTS COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 91- - 387, appointing David Spencer to the Carlsbad Arts Commission. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard COUNCIL REPORTS: Council Members reported on the meetings and activities of the Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Meeting of December 17, 1991, was adjourned at 9:37 p.m. Respectfully submitted, m R. Q- ALETHA L. RAUTENKRANZ City Clerk J Harriett Babbitt Minutes Clerk (255