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Home My WebLink About1992-04-21; City Council; Minutes0 0 MINUTES OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 21, 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 6:08 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 Reverend William Moquin of Holy Cross Episcopal Church. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Kulchin. PRESENTATIONS: Mayor Lewis presented a Proclamation to Monica Elrod, San Diego Earth Day Organization, in honor of EARTH DAY, April 22, and EARTH WEEK. Mayor Lewis presented Proclamations to Jeff Jones, Administrator, Lutheran Health Facility of Carlsbad for OLDER AMERICAN MONTH, and to Lloyd Rochambeau, Administrator, Carlsbad-by-the-Sea, for NATIONAL NURSING HOME WEEK. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Kulchin, Council approved the following Minutes as submitted: Minutes of the Regular Meeting held April 7, 1992. Minutes of the Special Meeting held April 7, 1992. Minutes of the Special Meeting held April 14, 1992. AYES : - Lewis, Kulchin, Larson, Stanton and Nygaard ABSTAIN: Council Member Stanton on the Regular and Special Meetings held April 7, 1992. - CONSENT CALENDAR: Mayor Lewis removed Items #2 and #5 from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, with the exception of Items #2 and #5, 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. ?t& e 0 96 95 45 31 39 37 15 !O $1 0 April 21, 1992 Page 2 CONSEm CALENDAR: (Continued) 1. AB #11,648 - NOTICE OF COMPLETION FOR TRAFFIC SIGNALS - PROJECT NOS. 3254, 3273, 3277, 3278 AND 3283. Council adopted RESOLUTION NO. 92-112, accepting three traffic signals on Grand Avenue and sidewalk improvements on Roosevelt Street as complete, and directing the City Clerk to record the Notice of Completion and to release bonds in accordance with State law and City ordinances. 2. AB #11,649 - ACCEPTANCE OF DONATION FROM FRIENDS OF CARRILLO RANCH. This item was removed from the Consent Calendar. 3. AB #11,650 - ACCEPTANCE OF PUBLIC IMPROVEMENTS PD 331 (PE 2.89.18). Council accepted the improvements, authorized the City Clerk to record the Notice of Completion and release bonds in accordance with State law and City ordinances; and directed the Utilities & Maintenance Department to commence maintaining the public street, sewer and storm drain improvements constructed at Lot 30 of CT 74-21 (Loker Avenue East). 4. ' AB #11,651 - ADDITIONAL APPROPRIATION FOR STREET IMPROVEMENTS, SIDEWALKS AND PEDESTRIAN RAMPS - PROJECT NOS. 3731, 3732 AND 3739. Council adopted RESOLUTION 92-114, transferring $34,212 to the project accounts for the Oak Avenue Street improvements, Grand Avenue sidewalks and Chestnut Avenue pedestrian ramps; and increasing the City Manager's change order authorization limit as allowed by the Purchasing Ordinance. 5. AB 611,656 - STATUS REPORT ON ABATEMENT OF PUBLIC NUISANCE AT CHINOUAPIN AVENUE AND HARRISON STREET. This item was removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR: 2. AB #11,649 - ACCEPTANCE OF DONATION FROM FRIENDS OF CARRILLO RANCH. Alan Kindle, 2622 El Aguila Lane, representing the Friends of Carrillo Ranch, stated the over 200 members of the Friends of Carrillo Ranch are pursuing grants for the restoration of the Ranch and he asked Council to do likewise. Paul Ecke, Jr., representing the San Diego Foundation, presented a check from the Reuben H. Fleet Fund for $5,000 to the Mayor. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-113, accepting a $5,000 donation from the Friends of Carrillo Ranch to continue stabilization activities at Leo Carrillo Ranch. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 5. AB #11,656 - STATUS REPORT ON ABATEMENT OF PUBLIC NUISANCE AT CHINOUAPIN AVENUE AND HARRISON STREET. L. E. Beauchamp, 1009 Chinquapin, stated he felt this site was still a public nuisance and he would like it to remain on the Council agenda. Then, if it is not cleaned up within two months, Council could declare it a nuisance. ?/ 0 0 April 21, 1992 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: (Continued) Community Development Director Marty Orenyak stated that the weeds and trees and other items will be taken care of on the weed abatement program by the Fire Department. A housing development is proposed for that site, and the application is in progress at this time. Mike Smith, Fire Marshal, stated this property would be included in the weed abatement program to rid it not only of the weeds, but the fallen trees. The foundations do not constitute a fire hazard and do not need to be removed. Acting City Attorney Ron Ball stated the City's only obligation is to enforce the Nuisance Law, and that has been done. Council, by consensus, agreed to hear from the owner of the'property. The gentleman who is under contract to purchase the property stated he is having the property cleared, and if the cost is not too great, will have the foundations removed. If the cost is significant, he stated the foundations would be covered by dirt. ACTION: On motion by Mayor Pro Tem Kulchin, Council accepted the status report on the abatement of a public nuisance on properties located at 1015 Chinquapin Avenue, 1039 Chinquapin Avenue, 4090 Harrison Street and Assessor's Parcel Number 206-120-10. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard PUBLIC COMMENT : John-Jones, 3044 State Street, complimented the Police Department on the efficiency of their bike patrol. Jim Watson, P. 0. Box 1426, requested that the public be informed that part of the money to support the parks in the City will go toward the maintenance of the Split Pavilion. He asked for the funding program to be re-examined by Council. Mr. Watson submitted an additional 1,000 names on the petition objecting to the bars at the Split Pavilion. ORIPINMCES FOR ADOPTION: L14 6. AB #11,652 - ADOPTION OF ORDINANCE NO. NS-196 - PLANNING DIRECTOR INITIATED AMENDMENTS TO TITLE 21 OF THE MUNICIPAL CODE. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-196, amending Title 21 of the Carlsbad Municipal Code Chapter 21.52 by the addition of Section 21.52.020(4) to allow City staff to initiate amendments to Title 21 without the requirement of a Resolution of Intention from the Planning Commission or City Council. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 90 0 0 April 21, 1992 Page 4 ' ORDINANCES FOR ADOPTION: (Continued) 7 7. AB #11,653 - ADOPTION OF ORDINANCE NO. NS-197 - AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO ISSUE CITATIONS. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-197, authorizing the Community Development Director to exercise the powers of arrest pursuant to Penal Code Section 836.5. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard PUBLIC HEARINGS: .12 8. AB #11,654 - WEED ABATEMENT. Mayor Lewis opened the duly noticed Public Hearing at 6:43 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed at 6:43 p.m. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-115, ordering the Fire Chief to abate nuisance by having weeds, rubbish and refuse removed. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 17 9. AB #11,655 - RANCHO SANTA FE ROAD ENVIRONMENTAL IMPACT REPORT - EIR 91-1. Mayor Lewis opened the duly noticed Public Hearing at 6:45 p.m., and issued the invitation to speak to anyone who cannot be here in one month. Since no one wished to speak at this time, the Public Hearing was closed. ACTION: On motion by Council Member Larson, Council continued this item to the meeting of May 19, 1992. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard DEPARTMENTAL AND CITY MANAGER REPORTS: 70 10. AB #11,625 - NORTHWEST OUADRANT PARK ENHANCEMENT STUDY. David Bradstreet, Parks and Recreation Director, referenced Council direction at the meeting of April 7, 1992, concerning meeting with other groups to determine interest in a joint venture. He reported on the comments from the groups, preliminary cost estimates and possible sites. W. Allan Kelly, 4912 Via Arequipa, representing the Kelly family, stated they have already given 195 acres to the State for a bird sanctuary, and do not intend to give the 11 acres adjacent to Aqua Hedionda to the City. Andrew Frey, 3103 Levante Street, representing the Levante Park Neighborhood Association, expressed support for the project. He asked for the re-design of Levante Park before any other projects are started. 89 0 0 April 21, 1992 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Lucia Sippel, 1287 Vera Cruz, representing the Kelly family, spoke about the 11 acres on the north edge of Agua Hedionda Lagoon, referencing a letter she sent to the City Manager stating the Kelly family's position. She reiterated that the Kelly family is not interested in giving this land to the public. City Manager Ray Patchett stated that the City would not expect this land to be given to them by the Kelly family. Jim Stachoviak, 1665 Basswood, inquired about the cost per household in the Northwest Quadrant to finance this parks program. Mayor Lewis stated a letter had been received from Dan Hammer, supporting Option #4, with some modifications. ACTION: Council, by consensus, referred the matter to the Parks and Recreation Commission for consideration and recommendation on prajects, oT modified projects; noting Council preference to stay within available funding; giving CFD financing a low priority consideration; and requesting the Commission to get as much information as possible from the other community agencies concerning a possible joint venture community center. 18 11. AB #11,526 - APPOINTMENT TO CABLE TELEVISION FOUNDATION BOARD. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 92- - 28, appointing Ken Carter to the Cable Television Foundation Board. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard COUNCIL REPORTS: Council Members reported on activities and meetings of the Committees and Subcommittees of which they are members. ADJOURNMErn: By proper motion, the Regular Meeting of April 21, 1992, was adjourned at 7:44 p.m. Respectfully submitted, w 2. ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 88