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Home My WebLink About1993-01-05; City Council; Minutes0 0 - MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 5,1993 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 Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: On motion by Council Member Nygaard, the following Minutes were approved as presented: Minutes of the Regular Meeting held December 8, 1992. Minutes of two Special Meetings held December 14, 1992. Minutes of the Special Meeting held December 15, 1992. Minutes of the Regular Meeting held December 15, 1992. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ABSTAIN:. Kulchin (December 8, 1992, Meeting) CONSENT CALENDAR: Council Member Finnila requested Item #8 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items I through 10, with the exception of Item #8, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 5- 99 39 39 19 73 t5 ’1 13 I5 0 0 January 5, 1993 Page 2 CONSENT CALENDAR: (Continued) 1. AB #12,011 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 81-19 UNITS 1 AND 2 - MAR Y MONTANAS. Council accepted the improvements; authorized the City Clerk to record the Notice of Completion and release bonds in accordance with State laws and City ordinances; directed the Utilities and Maintenance Department to commence maintaining the public street improvements; and directed the Carlsbad Municipal Water District to commence maintaining the public sewer improvements constructed at Las Flores Drive and Tuttle Street. 2. AB #12,012 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - MS 802. Council accepted the improvements; authorized the Ci Clerk to record the Notice of Completion and release bonds in accordance with State laws and City ordinances; directed the Utilities and Maintenance Department to commence maintaining the public street improvements; and directed the Carlsbad Municipal Water District to commence maintaining the public sewer improvements constructed at Arland Road and Buena Vista Way. 3. AB #12,013 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - CT 85-08 - MEADOWCREST. Council accepted the improvements; authorized the City Clerk to record the Notice of Completion and release bonds in accordance with State laws and City ordinances] and directed the Utilities and Maintenance Department to commence maintaining the public street and storm drain improvements constructed at Alga Road and Melrose Drive. 4. A6 #12,014 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - PD 385 - WESTERN FINANCIAL PLAZA. Council accepted the improvements; authorized the City Clerk to record the Notice of Completion and release bonds in accordance with State laws and City ordinances; and directed the Utilities and Maintenance Department to commence maintaining the public sidewalk improvements constructed at El Camino Real and Hosp Way. 5. AB #12,015 - APPROVAL OF ABOVE-GROUND ENCROACHMENT AT 3350 VALLEY STREET - PR 4.63. Council adopted RESOLUTION NO. 93-1, approving an above-ground encroachment and encroachment agreement with June Y. Andersen for an existing six-foot high wood fence in the right-of-way around the side and front yards of the corner lot at 3350 Valley Street. 6. AB #12,016 - TRANSFER OF OWNERSHIP OF CITY PUBLIC PARKING LOT LAND LEASES AND PIPE LINE LICENSES. Council adopted RESOLUTION NO. 93-2, acknowledging the transfer of ownership of City of Carlsbad Public Parking Lot Land Leases Nos. 57016, 68228, 150082, 175533 and 179169, and Pipe Line Licenses Nos. 066359 and 150922 from the Atchison, Topeka & Santa Fe Railway Company to the North San Diego County Transit Development Board, and authorizing tne Mayor to sign the Tenant Estoppel Certificates. “1 e 0 January 5, 1993 Page 3 CONSENT CALENDAR: (Continued) 105 7. AB #12,0107 - AUTHORIZATION TO SUBMIT APPLICATION FOR 1992 FEDERAL HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS. Council adopted RESOLUTION NO. 93-3, authorizing the submittal of an application to the California State Department of Housing and Community Development for 1992 Federal Home Investment Partnership Program funds in the amount of $1,000,000 to provide rental assistance opportunities to very low income residents within the City, and authorizing execution of a standard agreement and related documents required for participation in the program. 68 8. AB #12,018 - CARLSBAD CONVENTION AND VISITORS BUREAU FOURTH QUARTER REPORT. .., This item was removed from the Consent Calendar. 26 9. AB #12,019 - AWARD OF CONTRACT FOR BUENA VISTA CHANNEL MAINTENANCE - 45 CONTRACT NO. U/M 92-5. Council adopted RESOLUTION NO. 93-4, accepting bids and awarding the contract to Rutledge Gradalls in the amount of $205,733 for maintenance of the Buena Vista Channel. 23 . 10. AB #12,020 - ACCEPTANCE OF CALIFORNIA ARTS COUNCIL GRANTS. Council adopted RESOLUTION NO. 93-5, accepting California Arts Council Grants in the amount of $4,290 and appropriating funds for: Make*A*Circus, Chris Proctor and Magical Moonshine Puppet Theatre visiting artist programs. ITEM REMOVED FROM THE CONSENT CALENDAR: 58 8. AB #12,018 - CARLSBAD CONVENTION AND VISITORS BUREAU FOURTH QUARTER REPORT. Council Member Finnila requested an additional column in the next report showing the previous year’s figures. Steve Link, Carlsbad Convention and Visitors Bureau, spoke about the accomplishments of the Bureau during the past quarter. ACTION: On motion by Council Member Finnila, Council accepted the fourth quarter report for the fiscal year 1991 -92 from the Carlsbad Convention and Visitors Bureau. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT Warren Wiercinski, 836 Bluewater Road, addressed Council regarding a newspaper article which stated there would be consideration given to changing Poinsettia Lane to Poinsettia Parkway. He stated this would accomplish nothing and would be very costly, and stated the citizecs in that area are opposed to such a change. .3 e 0 January 5, 1993 Page 4 HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:13 p.m., and re-convened at 6:24 p.m., with all Members present. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:24 p.m., and re-convened at 6:25 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 30 11. AB #12,021 - APPEAL OF INCLUSION OF THE CARLSBAD THEATRE IN THE UNREINFORCED MASONRY BUILDING REPAIR PROGRAM. Tim Lyons, 356 Cerro Street, representing the Carlsbad Theatre Foundation, addressed Council requesting that the theatre not be included on the list of buildings requiring seismic retrofit repair under Chapter 18.07 of the Carlsbad Municipal Code regarding Unreinforced Masonry Construction. Michael Winfield, AIA, 1057 Roselle Street, San Diego, addressed Council on behalf of the Carlsbad Theatre Appeal to be excluded from the seismic retrofit repairs as required by Chapter 18.07 of the Carlsbad Municipal Code. He stated the building is not a unreinforced masonry building, but is a concrete frame with hollow clay tile. He also referenced the Kariotis Report and stated the theatre would be strengthened in accordance with the report. Robert Wells, 1040 North Gamble, Escondido, Operations Manager for TSI Seismic Construction, stated that given his experience in the retrofitting business, he had informed Mr. Lyons that the theatre building is not a unreinforced masonry building. John Jones, 3044 State Street, spoke in favor of excluding the theatre from the list of buildings requiring seismic retrofit repairs. Tom Betz, downtown property owner, stated the Carlsbad Theatre is an important element in the downtown area. Shawn Jones, 5476 Loganberry Way, Oceanside, stated the theatre building has never been damaged by earthquakes and should not be required to have seismic retrofit repairs. Mike Canizaro, 2320 Rising Glen Way, spoke in favor of excluding the theatre from the seismic retrofit repairs. Fred Tracy, 925 Sweetbriar Lane, representing the Spreckles Theatre Group, spoke in support of the Carlsbad Theatre. ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to prepare documents denying the Carlsbad Theatre’s appeal for exclusion from seismic retrofit repairs required by Chapter 18.07 of the Carlsbad Municipal Code entitled Unreinforced Masonry Construction. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 2J * a January 5, 1993 Page 5 RECESS: Mayor Lewis declared a Recess at 7:38 p.m., and re-convened at 7:46 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: -02 12. AB #12,022 - REVISION OF PRIMA FACIE SPEED LIMIT ON PARK DRIVE FROM HILLSIDE DRIVE TO VALENCIA AVENUE. ACTION: On motion by Council Member Nygaard, Council introduced ORDINANCE NO. NS-220, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.120 to establish a prima facie 35-mile-per-hour speed limit upon Park Drive from Hillside Drive to Valencia Avenue. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila -EO 13. AB #12,023 - REVISION TO MUNICIPAL CODE SECTION REGARDING CROSS-CONNECTION CONTROL PROGRAM. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-221, amending Title 14, Chapter 14.12 of the Carlsbad Municipal Code by the amendment of Section 14.12.090 to change the location for filing applications. $7 14. AB #12,007 - CITY COUNCIL GOALS AND OBJECTIVES - 1992 YEAR-END REPORT. Council received the 1992 Year-End Report on City Council Goals and Objectives. LO3 15. AB #12,024 - TRAFFIC SAFETY COMMISSION APPOINTMENTS: This item was continued one week. COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they.are Members. ADJOURNMENT: By proper motion, the Regular Meeting of January 5, 1993, ~YSS adjourned at 850 p.m. Respectfully submitted, ALETHA &4- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk I