The URL can be used to link to this page

Home My WebLink About1993-04-27; City Council; MinutesL 0 e MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: APRIL 27,199@ 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 Ci. Clerk, as follows: Present: Council Members Finnila, Nygaard, Mayor Pro Tem Stanton and Mayor Lewis. Absent: Council Member Kulchin. PRESENTATIONS: Mayor Lewis presented Proclamations regarding 'Older Americans Monthn and "National Nursing Home Week" to Lloyd Rochambeau, Administrator of Carlsbad By The Sea. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, Minutes of the following meetings were approved as presented: Minutes of the Special Meeting held April 13, 1993. Minutes of the Regular Meeting held April 13, 1993. AYES: Lewis, Stanton, Nygaard and Finnila CONSENT CALENDAR: Item No, 2 was withdrawn from the agenda by the City Manager. ACTION: On Motion by Council Member Nygaard, Council affirmed the action of the Consent Calendar, with the exception of Item No. 2, as follows: AYES: Lewis, Stanton, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. /o/ 8 97 59 41 74 54 62 0 0 April 27, 1993 Page 2 CONSENT CALENDAR: (Continued) 1. AB #12,188 - APPROVAL OF CONTRACT DOCUMENTS, SPECIAL PROVISIONS AND SPECIFICATIONS FOR 1991-92 PAVEMENT SLURRY SEAL PROGRAM - CONTRACT NO. U/M - 93-4. Council adopted Resolution No. 93-1 14, approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids for the 1991 -92 Pavement Slurry Seal Program. 2. AB #12,189 - AWARD OF CONTRACT FOR MAINTENANCE OF DESKTOP COMPUTERS AND PERIPHERALS. The item was withdrawn from the agenda. 3. AB #12,190 - SElTLEMENT OF LAWSUIT BARRON V. CITY, CASE NO. N53301. Council adopted Resolution No. 93-116, authorizing settlement of the lawsuit Barron v. City of . Carlsbad, and authorizing payment of $22,000 from the Liability Self Insurance Reserve Account. 4. AB #12,191 - SElTLEMENT OF WORKERS’ COMPENSATION CLAIMS OF SHANNON BOWLIN. Council adopted Resolution No. 93-1 17, approving the Compromise and Release in the settlement of Workers’ Compensation Claims of Shannon Bowlin and authorizing payment of $36,000 from the Workers’ Compensation Self Insurance Fund. 5. AB #12,192 - AUTHORIZATION FOR ACQUISITION OF RIGHTS-OF-WAY FOR THE POINSETTIA/I-5 INTERCHANGE - PROJECT NO. 3269. Council adopted Resolution No. 93-1 18, approving the acquisition of two parcels for rights-of- way, Parcel 1 owned by Herrick Holdings, Itd., and Parcel 2 owned by the Smith Family Trust; appropriating funds; authorizing the Mayor to execute the acquisition documents; and authorizing the submittal of acquisition forms for rights-of-way for the Poinsettia/l-5 Interchange into escrow. 6. AB #12,193 - SUPPORT FOR ASSEMBLY BILL 898 - HAZARDOUS SUBSTANCE EXEMPTION. Council authorized the Mayor to send a letter urging passage of AB 898 in the Legislature relieving the City of liability for waste inappropriately disposed of in its storm or waste water treatment system. PUBLIC COMMENT: Les Beauchamp, 1009 Chinquapin, spoke regarding the public nuisance and fire hazard located on the property at the corner of Harrison and Chinquapin. Martin Orenyak, Community Development Director, stated that staff had investigated the property and will be cleaning it off. In addition, it will be part of the weed abatement program. Staff would also ask the owner if he would be willing to remove the footings and foundation. 100 e 0 April 27, 1993 Page 3 PUBLIC COMMENT (Continued) Eugene Allen, 4979 Via Marta, spoke in favor of the location of the Leg0 Park in Carlsbad, and in favor of the Council trip to Denmark, requesting that the travel be done frugally. ORDINANCES FOR ADOPTION: - 13 7. AB #12,197 - BEACH AREA LAND USE STUDY - PROPOSED CHANGES TO ZONING i7 DESIGNATIONS - ZC 92-1. 17 Council Members Nygaard and Finnila announced that though they had not been present at the last meeting, they had reviewed the tapes of the meeting and were, therefore, qualified to vote on this matter. ACTION: On Motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS-237, amending the Zoning Map to grant a zone change from R-1 and RD-M to R-2 on property generally located in the southern portion of the beach area overlay zone. AYES: Lewis, Stanton, Nygaard and Finnila 72 8. AB #12,198 - ESTABLISHMENT OF MINIMUM DISTANCE THAT A PARKED VEHICLE MUST MOVE AFTER THE 72 HOUR MAXIMUM PARKING TIME HAS EXPIRED. The City Attorney stated that the City does have the power to regulate the parking, standing, and stopping of trailers on Ci streets, so that information would be provided to the Traffic Safety Commission in conjunction with Council's action the previous week. Council Members Nygaard and Finnila announced that though they had not been present at the last meeting, they had reviewed the tapes of the meeting and were, therefore, qualified to vote on this matter. ACTION: On Motion from Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS-238, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code to establish one-tenth of a mile (528 feet) as the minimum distance that a parked vehicle must move after 72 consecutive hours. AYES: Lewis, Stanton, Nygaard and Finnila 102 9. AB #12,198 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON PORTION OF AVENIDA ENCINAZ Council Members Nygaard and Finnila announced that though they had not been present at the last meeting, they had reviewed the tapes of the meeting and were, therefore, qualified to vote on this matter. ACTION: On Motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS-239, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code tc establish a prima facie 35 mile per hour speed limit on Avenida Encinas from Poinsettia Lane to a point 3,000 feet northerly. AYES: Lewis, Stanton, Nygaard and Finnila 99 0 0 April 27, 1993 Page 4 PUBLIC HEARING: 113 10. AB #12,194 - AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT - Dl 92-5. k5 Mayor Lewis opened the duly noticed public hearing at 6:44 p.m., and issued the invitation to speak. Larry Clemens, Hillman Properties, 201 1 Palomar Airport Road, Carlsbad, addressed Council in support of the staff recommendation, and requested approval. Since no one else wished to speak, Mayor Lewis closed the public hearing at 6:47 P.M. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93-1 19, approving a Negative Declaration for an Affordable Housing Development Agreement between the City of Carlsbad and the Aviara Master Plan Developer; and adopted RESOLUTION NO. 93-120, approving an Affordable Housing Development Agreement between the C*Q of Carlsbad and the Aviara Master Plan Developer to provide for the accelerated development of affordable lower- income inclusionary housing units. AYES: Lewis, Stanton, Nygaard and Finnila. DEPARTMENTAL AND CITY MANAGER REPORTS: 70 11. AB #12,195 - KRUGER HOUSING PRESCHOOL EXPANSION PROGRAM. Staff gave a report on Alternatives I, II, and 111, as contained in the agenda bill. ACTION: It was moved by Mayor Pro Tem Stanton, that Council approve Alternative II, which would direct staff to consider the $17,250 for the renovation of the Scout House during the 1993-94 Fiscal Year, and would authorize the expansion of the program at Calavera Hills Community Center at a cost of $6,350, which would be implemented for the September 1993 school year. AYES: Stanton NOES: Lewis, Nygaard and Finnila The motion failed for lack of a majority. 48 I) 0 April 27, 1993 Page 5 DEPARTMENTAL AND- CITY MANAGER REPORTS (Continued) 11. AB #12,195 - KRUGER HOUSE PRESCHOOL EXPANSION PROGRAM. (Continued) ACTION: On motion by Council Member Nygaard, Council approved Alternative I, directing staff to appropriate $17,250 from the General Fund Reserves to renovate the Scout House in fiscal year 1992-93, and directing staff to budget salaries and supplies totaling $23,160 in Fiscal Year 1993-94, to expand the parent preschool program for the September 1993 school year. AYES: Lewis, Nygaard and Finnila NOES: Stanton 32 12. AB #12,196 - UPDATE ON STATE BUDGET. Financial Management Director Jim Elliott presented a report on how the State’s budget proposals will affect the C-W of Carlsbad. He also summarized the State Legislative Analyst’s report and recommendations regarding reorganizing State and Local Government. Council received the report, no action was taken. COUNCIL REPORTS: Council Members reported on activities and meetings of the various Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Meeting of April 27, 1993, was adjourned at 7:45 p.m. ANNOUNCEMENTS: Mayor Lewis announced that a quorum of Council Members may be in attendance at a Special Meeting of the Historic Preservation Commission, on May 3, 1993, at 6:OO P.M., in the City Council Chambers. Mayor Lewis announced that a quorum of Council Members may be in attendance at the Aviara Club House, on May 4, 1993, at 1200 Noon, for a farewell luncheon for Planning Commissioner Sharon Schramm. Respectfully submitted, -2- ALETHA L. RAUTENKRANZ City Clerk Karen R. Kundtz Assistant City Clerk 93