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Home My WebLink About1992-10-06; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 6,1992 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. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Mayor Pro Tem Kulchin and Mayor Lewis. Absent: None. INVOCATION was given by Pastor Barry Jones from the Carlsbad Union Church. PLEDGE OF ALLEGIANCE was led by Council Member Larson. PRESENTATION: Police Chief Vales presented a Certificate of Appreciation to Donnamaria Gina Tirone for her actions in saving the life of Dustin Kee, who was wounded after a confrontation on September 5, 1992. Mayor Lewis presented Ms. Tirone with a Citizen Commendation Award. Members of the Fire Department presented flowers to Ms. Tirone. ANNOUNCEMENT: Mayor Lewis announced that Thursday, October 8, 7:OO p.m., the annual Appreciation Awards for the Commissioners and Board Members will be held at the Senior Center. From October 10, 1992, to October 14, 1992, several of the Council Members will be attending the California League of Cities Conference in Los Angeles. October 16, 1992, 1:00 p.m., the ground breaking for Tamarack Avenue widening will be held. This announcement was made in compliance with the Brown Act in the event a quorum of Council Members is present at these activities. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Kulchin, the following Minutes were approved as presented: Minutes of the Regular Meeting held September 15, 1992. Minutes of the Special Meeting held September 22, 1992. Minutes of the Regular Meeting held September 22, 1992. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard .. a23 0 0 I '3 ,5 '9 9 9 1 3 October 6, 1992 Page 2 CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items 1 through 8, 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. 1. AB #11,908 - ACCEPTANCE OF GIFT. Council adopted RESOLUTION NO. 92-298, accepting the donation of a Compaq computer from the Friends of the Carlsbad Library. 2. AB #11,909 - ABOVE-GROUND ENCROACHMENT AT 3906 SKYLINE ROAD - PR 4.59 Council adopted RESOLUTION NO. 92-299, approving an above-ground encroachment for a 24" high block wall located at 3906 Skyline Road and approving an encroachment agreement ' with Keith Wieland. 3. AB #11.910 - APPROVAL OF FINAL MAP - CT 89-30 - MASADER 1. Council adopted RESOLUTION NO. 92-300, approving the final map for Carlsbad Tract No. 89-30. 4. AB #11,911 - APPROVAL OF FINAL MAP - CT 89-31 - MASADER 11. Council adopted RESOLUTION NO. 92-301, approving the final map for Carlsbad Tract No. 89-31. 5. AB #11,912 - ACCEPTANCE OF SURETY FUNDS FOR DEFAULT ON IMPROVEMENTS - CT 81-19 - UNITS 1 AND 2 - MAR Y MONTANAS. PI Council adopted RESOLUTION NO. 92-302, accepting funds in the amount of $162,555 from the Resolution Trust Corporation for the default of LCJ Development Corporation on the subdivision improvement agreement for CT 91-19, Units 1 and 2, and appropriating said funds for development of a Capital Improvement Project to remedy outstanding final punch list deficiencies. 6. AB #11,913 - SRTLEMENT OF LAWSUIT ALVAREZ V. CITY OF CARLSBAD. Council adopted RESOLUTION NO. 92-303, authorizing settlement of the lawsuit entitled Alvarez v. Citv of Carlsbad, Case No. 120927. 7. AB #11,914 - APPROVAL OF FINAL MAP - CT 90-1 4 - AVIARA PLANNING AREA 16. Council adopted RESOLUTION NO. 92-304, approving the final map for Carlsbad Tract 90-14. 22x 0 0 October 6, 1992 Page 3 CONSENT CALENDAR: (Continued) 54 8. AB #11,915 - FREEWAY MAINTENANCE AGREEMENT FOR LA COSTA AVENUE AND $5 POINSElTIA LANE OVERCROSSINGS WITH 1-5. Council adopted RESOLUTION NO. 92-305, approving an agreement (FMA No. 11 -81 63) between the City of Carlsbad and the California Department of Transportation regarding maintenance responsibility for 1-5 overcrossings at La Costa Avenue and Poinsettia Lane. PUBLIC COMMENT: Maurice Kimball, 1623 James Drive, thanked Council and the City for installing the handicap parking spaces and curb cuts at the Library. Ben Slack, 3165 Monroe Street, invited the public to participate in the North County Aids Walk on October 24, 1992. ORDINANCES FOR ADOPTION: 113 9. AB #11,916 - AMENDMENT TO SPECIFIC PLAN FOR CAR COUNTRY EXPANSION AREA - SP 19(D). ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS- - 21 4, approving Specific Plan Amendment SP 19(D), to increase the number of permitted uses within the Car Country Expansion Area on property generally located south of Cannon Road, west and north of Car Country Drive and east of Paseo Del Norte. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard LO2 IO. AB #I 1,917 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS ON CERTAIN DESIGNATED STREETS IN SOUTH CARLSBAD. ACTION: On motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS- - 215, amending the Carlsbad Municipal Code by addition of various sections to establish prima facie 25 mph speed limits on certain designated streets in South Carlsbad. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:16 p.m., and re-convened at 6:17 p.m., with all Members present. (22 I 0 0 October 6, 1992 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: ‘7 11. AB #11,918 - AWARD OF CONTRACT FOR CONSTRUCTION OF TAMARACK AVENUE WIDENING - PROJECT NO. 3203. ACTION: On motion by Council Member Larson, Council adopted RESOLUTION NO. 92-306, accepting bids, awarding a contract for the construction of improvements, appropriating funds and establishing the City Manager’s Change Order limit for the Tamarack Avenue widening from Carlsbad Boulevard to Interstate 5, Project No. 3203. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 11 12. A6 #11,919 - AMENDMENT TO MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS AND HOLISTIC HEALTH PRACTITIONERS. John Jones, 3044 State Street, spoke in opposition to allowing the amendments to this Ordinance. Phil Angermaier, 31 7 Pine Avenue, Apt. 14, spoke in favor of the proposed amendments to the Ordinance to allow massages in residences and places of business during certain hours. Council Member Larson suggested the Sunset Clause be deleted from the Ordinance and staff be directed to report to Council in one year as to any problems. ACTION: On motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-216, amending various sections of Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code relating to the practice of massage, as amended by the deletion of Section 5.1 6.355; adopted RESOLUTION NO. 92-297, establishing Holistic Health Practitioner license fee; and directed staff to report to Council in one year. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 17 13. A8 #11,920 - PROHIBITION OF SKATEBOARDING IN PUBLlC PARKING LOT AT CARLSBAD VILLAGE DRIVE AND ROOSEVELT STREET. Roger Peterson, 180 Cherry Avenue, spoke in opposition to the prohibition of skateboarding in the parking lot at Carlsbad Village Drive and Roosevelt Street. He suggested dividing the lot and designating a portion for parking and a portion for skateboarding. Lois Cavalier, 2956 Roosevelt, Ste. 4, works next to this parking lot and although she supports skateboarding, cannot work with the noise and confusion created in that parking lot by the skateboarders. Christine Carr, 523 Chinquapin Avenue, spoke in opposition to banning skateboarding in this parking lot and suggested working together to find a solution to the problem. She volunteered to serve on any committee formed to study this problem. 220 0 e October 6, 1992 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Cathy Allen, 3609 Laredo Street, spoke in opposition to the proposed ban and stated the teens need a skateboarding park and a teen center. Sam Warren, 3557 Chestnut, spoke in opposition to the proposed Resolution banning skateboarding in the parking lot at Carlsbad Village Drive and Roosevelt Street. Troy Morgan, 565 Baker Way, #E, Oceanside, spoke in support of skateboarders and stated he was interested in helping with a skateboard team. Frank Biello, 5280 Los Robles Drive, opposed the proposed ban of skateboarding in this lot, stating it is the last good spot to skate. Mark Nordquist, 3495 Seacrest Drive, stated he has nothing to do with skateboarders, but a lot to do with driving by that lot and/or parking there. He said the skaters are orderly and take care of themselves. He said there needs to be a way to provide them a place to skate in the downtown area. John Jones, 3044 State Street, spoke in favor of banning skateboarding in this lot. He displayed a piece of a car tail light which was the result of skateboarding in the lot. Robert Royce, 2956 Roosevelt, #3, stated he is not against skateboarding, but that lot is suffering from abuse and damage due to the skateboarding, which makes the lot unusable as a parking lot for vehicles. He volunteered to serve on a committee to work out a solution to this problem. Richard Allen, 3609 Laredo Street, spoke in opposition to the banning of skateboarding in this lot, stating the teenagers in Carlsbad need a place to skate and "hang out". He recommended having a teen center. Mayor Lewis stated the liability factor is the problem with the City providing a facility or area for the skateboarders. He stated he would like to hear from the other merchants who signed the petitioh presented to Council, Council Member Stanton suggested the schools be considered as a place for skateboarding. Mayor Lewis stated skateboarders have destroyed the tables and planters at the schools. He stated there would be less problems if the parents or the skateboarders would be responsible for replacing any property they damage. Council discussed the possibility of forming a committee to consider the issue of skateboarding. ACTION: By consensus, Council continued this item to October 20, 1992, at which time staff will present an outline of the possible scope, purpose and structure of a committee to study the skateboarding situation. RECESS: Mayor Lewis declared a Recess at 7:40 p.m., and Council re-convened at 7:50 p.m., with all Members present. 219 0 e October 6,1992 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 72 14. AB #I 1,921 - ESTABLISHMENT OF NO PARKING ZONE ON CAMINO VlDA ROBLE FROM PALOMAR AIRPORT TO PALOMAR OAKS WAY. ACTION: On motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-217, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the revision of Section 10.40.081 to declare a "NO PARKING ANYTIME' zone on both sides of Camino Vida Roble from El Camino Real to Palomar Oaks Way. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 28 15. AB #I 1,922 - OPEN SPACE ADVISORY COMMITEE 1991-92 ANNUAL REPORT. .ACTION: On Motion by Mayor Lewis, Council accepted the Open Space Advisory Committee 1991 -92 Annual Report. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 59 16. AB #11,923 - PARKS AND RECREATION COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted the following: RESOLUTION NO. 92-294, re-appointing Courtney Heineman to the Parks and Recreation Commission; RESOLUTION NO. 92-295, re-appointing John Strayer to the Parks and Recreation Commission; and RESOLUTION NO. 92-308, appointing Robert Holmes to the Parks and Recreation Commission. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of October 6, 1992, was adjourned at'8:03 p.m. Respectfully submitted, ALETHA wdp- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 218