The URL can be used to link to this page

Home My WebLink About1992-01-28; City Council; Minutes (2)0 0 MINUTES OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING:: January 28, 1992 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:OO p.m. ROU CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent: None. ANNOUNCEMENT: Mayor Lewis announced that earlier this evening Greg Nelson was honored as Carlsbad Citizen of the Year. CONSENT CALENDAR: Mayor Lewis removed Item #3 from the Consent Calendar at the request of Council Member Nygaard. ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, with the exception of Item #3, 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. )6 1. AB #11,529 _- ACCEPTANCE OF TRAFFIC SIGNAL INSTALLATION AT PALOMAR I5 AIRPORT ROAD AND PALOMAR OAKS WAY - PROJECT NO. 3345. Council adopted RESOLUTION NO. 92-29, accepting the traffic signal installation at Palomar Airport Road and Palomar Oaks Way as complete and directing the City Clerk to record the Notice of Completion and release bonds. i4 15 2. AB #11,530 - ACCEPTANCE OF STREET LIGHT INSTALLATION ON CARLSBAD BOULEVARD, CANNON ROAD, TIERRA DEL OR0 AND SHORE DRIVE - PROJECT NO. 3367. Council adopted RESOLUTION NO. 92-30, accepting the street light installation on Carlsbad Boulevard, Cannon Road, Tierra Del Oro and Shore Drive as complete and directing the City Clerk to record the Notice of Completion and release bonds. I1 3. AB #11,531 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. 36 0 0 January 28, 1992 Page 2 CONSENT CALENDAR: (Continued) 36 4- AB #11,532 - ACCEPTANCE OF IMPROVEMENTS 1990-91 CURB, GUTTER AND +5 SIDEWALK PROGRAM - CONTRACT NO. U/M 91-3. Council accepted the public improvements associated with the 1990-91 curb, gutter and sidewalk program as complete and directed the City Clerk to record the Notice of Completion and release bonds. c411 5. AB A11.533 - ESTABLISHMENT OF LEGISLATIVE SUBCOMMITTEE AND AUTHORIZATION FOR CITY ATTORNEY TO JOIN IN AMICUS BRIEFS. Council adopted RESOLUTION NO. 92-32, establishing the Legislative Subcommittee of the City Council and authorizing the City Attorney to join in amicus briefs. )7 6. AB #11,535 - CONSULTANT AGREEMENT FOR PREPARATION OF PLANNING STUDY FOR I5 PORTIONS OF CARLSBAD BOULEVARD AND CANNON ROAD - PROJECT NO. 3365. Council adopted RESOLUTION NO. 92-33, approving a consultant agreement with Leedshill-Herkenhoff, Inc., for the preparation of a planning study for Carlsbad Boulevard between the SDG&E Encina Power Plant and Manzono Drive, and for Cannon Road between Carlsbad Boulevard and El Arbol Drive . '7 7. AB #11.541 - AMENDMENT NO. 1 TO AGREEMENT WITH CALIFORNIA DEPARTMENT OF .5 BOATING AND WATERWAYS FOR FUNDING OF PHASE ONE OF CARLSBAD BOULEVARD SHORE PROTECTION PROJECT. Council adopted RESOLUTION NO. 92-41, approving Amendment No. 1 to the agreement between the City of Carlsbad and the State of California Department of Boating and Waterways for the provision of state funding for the Carlsbad Boulevard Shore Protection project to modify the completion date for plans and specifications and extend the term of the agreement for a total of five years from the date of execution of the agreement. 1 8. AB #11,542 - SETTLEMENT OF LAWSUIT CITY V. MURPHY, CASE NO. N48064. Council adopted RESOLUTION NO. 92-42, approving the settlement of the lawsuit City of Carlsbad v. Murphy, Case No. N48064, and authorizing the City's Counsel to stipulate to judgment. 2 9. Number not used. ITEM REMOVED FROM THE CONSENT CALENDAR: 1 3. AB #11,531 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 92-31, accepting a donation of $4,867 from Gerico's Bar and Grill to benefit the Carlsbad Senior Center. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard @ 35 0 0 January 28, 1992 Page 3 PUBLI c COMMENT : Dwayne Gose, 2636 Davis Place, spoke about Sculpture Park, stating there are safety hazards for children and handicapped persons with regard to the ponds. He also stated that the bars are offensive and the people want them removed. It has been called the "Carlsbad prison". He felt having water in the ponds does not show that the City has any regard for the water shortage. City Manager Ray Patchett stated that the Park is virtually finished at this time, and the safety issues are being reviewed. He announced the Arts Commission would be taking public testimony concerning the Sculpture Park at their Meeting to be held on February 6, at 4:OO p.m., in the Council Chambers. Leslie Tanner, 6550 - 30 Ponto Drive, Lanakai Mobilehome Park on Carlsbad Boulevard, Vice President of the Homeowners Association, stated she was present to ask for help with their problems with the landlord of the mobilehome park. She stated that the City had authorized an appraisal of the property for,a low-income project for the City. The appraisal just started, and she stated they had heard it would be another 60 to 90 days for that appraisal and more time for staff to complete their work. Ms. Tanner said the residents are running out of time, as their five-year lease expires December 31, 1993. The residents fear that after that the rent could go as high as $1,000 per month. She asked for the City's help. Marty Orenyak, Community Development Director, explained the timing of the matter. ORDINANCES FOR ADOPTION: 72 10. AB #11,536 - ESTABLISHMENT OF NO-PARKING ZONE ON CAMINO VIDA ROBLE. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-190, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the addition of Section 10.40.081 to declare a "NO PARKING ANYTIME" zone on both sides of Camino Vida Roble from Palomar Airport Road to El Camino Real. m: Lewis, Kulchin, Larson, Stanton and Nygaard '2 11. AB #11,535 - ESTABLISHMENT OF ONE-HOUR PARKING ZONE FOR TEN PARKING SPACES ADJACENT TO OCEAN STREET SCULPTURE PARK. Dwayne Gose, 2636 Davis Place, spoke in opposition to the item. ACTION: On motion by Council Member Larson, Council adopted ORDINANCE NO. NS-191, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code, by the addition of Section 10.40.079 to designate a one-hour parking zone for five parking spaces on each side of Ocean Street at its southern terminus adjacent to the Sculpture Park. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard PUBLIC HEARINGS: '9 12. AB #11,537 - REVISION OF FEES FOR CITY SERVICES. This item was continued to the February 11, 1992, meeting. 34 0 e January 28, 1992 Page 4 PUBLIC HEARINGS : (Continued) 39 13. AB #11,501 - APPEAL OF PLANNING COMMISSION DECISION TO DENY TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 90-33/CP 90-10 GARDALITY CONDO CONVERSION. Mayor Lewis announced that the Public Hearing on this item was closed last Tuesday, and the item continued in order to receive additional information from staff concerning the timing of the project. ACTION: On motion by Council Member Larson, Council directed the City Attorney to prepare documents upholding the decision of the Planning Commission denying CT 90-33/CP 90-10. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:28 p.m., and re- convened at 6:29 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 70 14. AB #11,540 - CITIZENS' REQUEST TO INSTALL TIME LOCK GATE AT OCEAN STREET COASTAL ACCESSWAY. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-39, authorizing the application for a development permit.from the Coastal Commission for the installation of time lock gates at the Ocean Street coastal accessway. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard i4 i5 15. AB #11,539 - COOPERATIVE AGREEMENT FOR CONSTRUCTION OF PALOMAR AIRPORT ROAD/I-5 INTERCHANGE WIDENING - PROJECT NO. 3268. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-40, approving a cooperative agreement with the State of Califiornia Department of Transportation for the construction and maintenance of the Palomar Airport Road/ Interstate 5 interchange widening and improvement project. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 53 16. AB #11,503 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. This item was continued. 58 17. AB #11.536 - APPOINTMENT TO CABLE TELEVISION FOUNDATION BOARD. This item was continued. 33 0 0 January 28? 1992 Page 5 DEPARTMENTAL AND CIm MANAGER REPORTS: (Continued) i8 18. AB #11,504 - APPOINTMENTS TO CABLE TELEVISION FOUNDATION BOARD. ACTION: On Motion by Mayor Lewis, the following Resolutions were adopted: RESOLUTION NO. 92-9, reappointing Paul Vanderpool to the Cable Television Foundation Board. RESOLUTION NO. 92-10! reappointing Fred Morey to the Cable Television Foundation Board. RESOLUTION NO. 92-11, reappointing Sharon Faithful to the Cable Television Foundation Board. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard .8 19. AB 811.505 - ARTS COMMISSION APPOINTMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 91- - 388, appointing Girard "Lefty" Anear to the Arts Commission. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard .8 20. AB a11.506 - APPOINTMENT OF SISTER CITY COMMITTEE STUDENT LIASON. This item was continued. COUNCIL REPORTS: Council Members reported on the activities and meetings of the committees and subcommittees of which they are members. CITY MANAGER COb"J?S: City Manager Ray Patchett stated that in the Juarez Construction Company matter, the allegations made by them against the City were unfounded and as of today the arbitration was settled in favor of the City and against the contractor. CITY ATTORNEY COMMENTS: Acting City Attorney Ron Ball stated that the contractor will be responsible for the costs of the arbitration. ADJOURNMENT: By proper motion, the Meeting of January 28, 1992, was adjourned at 7:03 p.m. Respectfully submitted, w 2.R- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 3d/