The URL can be used to link to this page

Home My WebLink About1993-05-04; City Council; Minutes (2).$ 0 a .. MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 4,199p3 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 Finnila. PRESENTATIONS: Mayor Lewis presented a Proclamation to James Edelbrock of the Carlsbad Optimist Club for RESPECT FOR LAW WEEK and POLICE WEEK. Mayor Lewis presented a Proclamation to Police Chief Vales for POLICE WEEK AND PEACE OFFICERS MEMORIAL DAY. Council Member Kulchin presented a Proclamation to Jeanne Flack of the Carlsbad Municipal Water District for WATER AWARENESS MONTH. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Special Meeting held April 20, 1993. Minutes of the Regular Meeting held April 20, 1993. AYES: Lewis, Stanton and Kulchin ABSTAIN: Nygaard and Finnila CONSENT CALENDAR: Mayor Lewis requested Item #4 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tern Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 8, with the exception of Item #4, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila d 08 . '> 26 95 45 113 104 99 74 99 e e May 4, 199 3 Page 2 CONSENT CALENDAR: (Continued) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #12,200 - APPROVAL OF PLANS AND SPECIFICATIONS FOR REPAIRS TO BIOLOGICAL MITIGATION FOR 'PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT - AD 86-1 - PROJECT NO. 3401. Council adopted RESOLUTION NO. 93-1 21, approving plans and specifications and authorizing the City Clerk to advertise for bids for the repairs to the biological mitigation for the Palomar Airport Road West Assessment District. 2. AB #12,201 - ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR 1991-92 CURB, GUTER AND SIDEWALK REPLACEMENT PROGRAM - CONTRACT NO. U/M 92-9. Council accepted the public improvements for the 1991-92 Curb, Gutter and Sidewalk Replacement Program, authorizing the City Clerk to record the Notice of Completion and authorizing the release of bonds and retention funds in accordance with applicable laws. 3. AB #12,202 - REIMBURSEMENT OF TRAFFIC IMPACT FEES - PLAZA PASEO REAL - SDP 86- 1 1 (A). Council adopted RESOLUTION NO. 93-122, authorizing the reimbursement of traffic impact fees in the amount of $29,388 paid in excess of their total obligation by the Johnson Wax Company. 4. AB #12,203 - REQUEST FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDING. This item was removed from the Consent Calendar, 5. AB #12,204 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - AVIARA PHASE I - CT 85-25, UNIT A. Council accepted improvements; authorized the City Clerk to record the Notice of Completion and release bonds; 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 water and sewer improvements constructed at Alga Road, west of El Camino Real. 6. AB #12,205 - SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF DAVID MITCHLEY. Council adopted RESOLUTION NO. 93-126, approving the Stipulations with Request for Award, and authorizing the payment of $1 1,620.00, at the rate of $140.00 per week, to David Mitchley as settlement of his Workers' Compensation Claim. 7. AB #12,206 - REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP FOR AVIARA PLANNING AREA 5 - CT 90-9. Council adopted RESOLUTION NO. 93-127, granting a one-year extension of time for the Tentative Map for CT 90-9, Aviara Planning Area 5. ID? a 0 May 4, 1993 Page 3 CONSENT CALENDAR: (Continued) 70 8. AB #12,207 - APPROVAL OF LEASE AGREEMENT WITH US WEST CELLULAR OF CALIFORNIA, 45 INC., FOR CELLULAR SITE AT CHASE FIELD. Council adopted RESOLUTION NO. 93-1 28, approving a lease agreement with US West Cellular of California, Inc., for approximately 2,700 square feet of space at Chase Field for the construction of a cellular telephone site. ITEM REMOVED FROM THE CONSENT CALENDAR: 4. AB #12,203 - REQUEST FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDING. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-123, authorizing staff to pursue TDA funding from SANDAG for construction of the Jefferson Street Bike Lane; and adopted RESOLUTION NO. 93-1 24, authorizing staff to pursue TDA funding from SANDAG for construction of a bike lane as part of the Poinsettia/lnterstate 5 bridge; and adopted RESOLUTION NO. 92-1 25, authorizing staff to pursue TDA funding from SANDAG for construction of sidewalks in various locations throughout Carlsbad. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT There were no requests to address Council at this time. PUBLIC HEARING: 114 9. AB #12,208 - NON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS - ZCA 92-6. Mayor Lewis opened the duly noticed Public Hearing at 6:30 p.m., and issued the invitation to speak. John Jones, 3044 State Street, inquired whether this Ordinance would affect churches, tabernacles, etc., with regard to spires. Staff indicated that if the building were in one of the eight zones included in this Ordinance, it would affect them. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:31 p.m. ACTION: On motion by Mayor-Pro Tem Stanton, Council introduced ORDINANCE NO. NS- - 240, amending various chapters and sections of the Carlsbad Municipal Code to allow for certain architectural projections in the R-P, C-1 , 0, C-2, C-T, C-M, M and P-M Zones. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila . lo 6 ~- e 0 May 4, 1993 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 50 10. AB #12,213 - THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 1992-93. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- 132, authorizing the transfer of appropriation from the General Fund to the Gas Tax Fund. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 32 11. AB #12,209 - UPDATE ON STATE BUDGET. Financial Manager Jim Elliott gave an update on recent court decisions concerning aerospace sales tax and PERS payments and potential impacts on the City. 99 12. AB #12,151 - REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP FOR CT 83-12 - BUENA VISTA PARK PLAZA. Stuart Bloom, 24275 Jefferson Avenue, stated he and his partner, Dr. Tom Lester, have this property in escrow to purchase and requested a 90-day continuance to allow time to consult with staff. ACTION: On motion by Council Member Kulchin, Council continued this item for one week. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ?O 13. AB #12,212 - SElTING PUBLIC HEARING FOR DECLARATION OF PUBLIC NUISANCE. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 92- 131, declaring the City’s intention to hold a public hearing on May 18, 1993, on the abatement of a public nuisance on the vacant land on the southeast corner of Park Drive and Marina Drive. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Items 14 through 19 were considered in one motion: ACTION: On motion by Mayor Pro Tem Stanton, Council adopted the following Resolutions: AYES : Lewis, Stanton, Kulchin, Nygaard and Finnila 28 14. AB #12,168 - ARTS COMMISSION APPOINTMENTS. RESOLUTION NO. 93-93, appointing Ruth Platner to the Arts Commission; and RESOLUTION NO. 93-94, re-appointing Arthur Wood to the Arts Commission. 28 15. AB #12,172 - BEACH EROSION COMMllTEE APPOINTMENT. RESOLUTION NO. 93-33, appointing David Williams to the Beach Erosion Committee. / 05 28 94 28 28 76 e e May 4, 1993 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 16. AB #12,170 - SISTER CITY COMMITTEE APPOINTMENTS. RESOLUTION NO. 93-96, re-appointing Paul Bart1 to the Sister City Committee; and RESOLUTION NO. 93-97, appointing Pauline Celona to the Sister City Committee; and RESOLUTION NO. 93-98, re-appointing Edward Juchniewicz to the Sister City Committee. 17. AB #12,173 - PARKING AUTHORITY APPOINTMENTS. The item was continued. 18. AB #12,169 - HISTORIC PRESERVATION COMMISSION APPOINTMENT. RESOLUTION NO. 93-95, appointing Allan Wanamaker to the Historic Preservation Commission. 19. AB #12,211 -HISTORIC PRESERVATION COMMISSION APPOINTMENT. RESOLUTION NO. 93-130, appointing John Jones to the Historic Preservation Commission. 20. AB #12,210 - PLANNING COMMISSION APPOINTMENT. Council Members Finnila and Nygaard nominated Mario Monroy. Council Members Kulchin, Stanton and Mayor Lewis nominated Marni Betz. ACTION: On motion by Council Member Kulchin, Council appointed Marni Betz to the Planning Commission. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ANNOUNCEMENTS: Mayor Lewis requested that an item be placed on next week's agenda so appointments can be made to the Housing Commission, with applications being accepted through Friday, May 7, 1993. The City Clerk announced that the Building Authority held its final meeting on May 4, 1993. COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. 104 . , i' 9 a * , May 4, 1993 Page 6 CLOSED SESSION: Council adjourned to a Closed Session at 759 p.m., with all Members present, to discuss the following: 41 2. CLOSED SESSION - INITIATION OF LITIGATION: To discuss whether or not to initiate litigation against the U. S. Department of Fish and Wildlife, pursuant to Government Code Section 54956.9(c). Council re-convened at 8:47 p.m., with all Members present, and Mayor Lewis announced that Council had instructed their Attorney. ADJOURNMENT: By proper motion, the Regular Meeting of May 4, 1993, was adjourned at 8:48 p.m. Respectfully submitted, Ll.eI&L R.Rv ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk io3