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Home My WebLink About1993-07-13; City Council; Minutesc e 0 i MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 13, 1993 YIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~~ CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:13 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. APPROVAL OF MINUTES: None. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 5, 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. 62 1. AB #12,306 - SUPPORT FOR ASSEMBLY BILL 1133 (FRAZEE). Council adopted RESOLUTION NO. 93-201, authorizing the Mayor to execute letters of support for Assembly Bill 1133 which would amend Section 6901 of the California State Labor Code to revise the full crew law for trains. 99 2. AB #12,307- ACCEPTANCE OF PUBLIC IMPROVEMENTS, AVIARA - CT 85-35, UNIT C. Council accepted the improvements; authorized the Cii Clerk to record the Notice of Completion and to release bonds in accordance with State law and City ordinances: directed the Utilities and Maintenance Department to commence maintaining the public street improvements; and directed the Municipal Water District to maintain the public sewer improvements constructed at Hummingbird Road, Rock Dove Street and Ambrosia Lane in connection with CT 8535, Unit C. 97 3. AB #12,308- CHANGE ORDER NO. 1 TO 1992-93 STREET CHIP SEAL CONTRACT NO. U/M 93-2. Council adopted RESOLUTION NO. 93-202, approving Change Order No. 1 to the 1992-93 Street Chip Seal Program to include chip sealing and re-striping for a portion of Camino De Los Coches. IC0 0 0 July 13, 1993 Page 2 CONSENT CALENDAR: (Continued) 60 4. AB #12,309 - RENEWAL OF EXCESS WORKERS’ COMPENSATION INSURANCE. Council adopted RESOLUTION NO. 93-203, authorizing the renewal of the city’s Excess Workers’ Compensation insurance coverage with National Union at a premium deposit of $43,822. 70 5. AB #12,310 - CONSULTANT AGREEMENTS FOR PROPERTY ACQUISITION FOR BATIQUITOS 45 LAGOON ENHANCEMENT PROJECT. Council adopted RESOLUTION NO. 93-204, approving an agreement with Asaro and Keagy to provide special counsel services, an agreement with The Lee C. Johnson Company to provide appraisal services, and an agreement with Right-of-way Engineering, Incorporated, to provide engineering services, all in conjunction with property acquisition services for the Batiquitos Lagoon Enhancement Project. Mayor Lewis requested that hem #13 on the Agenda be discussed at this time. 37 13. AB #12,315 - CITY COUNCIL COMPENSATION. Mayor Lewis stated this item comes before Council every two years, and in 1992, Council did not consider any change in Council compensation. He stated his recommendation had been given to Council to not accept additional compensation. ACTION: On motion by Council Member Kulchin, Council received this item and filed it. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT: Jim Young, 3951 Park Drive, Member of NAIL, spoke in opposition to a Leg0 park. He stated Council should give the citizens the opportunity to vote on this issue. Hope Wrisley, 2080 Basswood Avenue, spoke in favor of a Leg0 park in Carlsbad. ORDINANCE FOR ADOPTION: 67 6. AB #12,316 - SCHEDULE OF PENALTIES FOR PARKING VIOLATIONS. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- amendment of Section 10.42.01 0 to establish parking enforcement penalties and conform to new requirements of State law. - 248, amending Title 10, Chapter 10.42 of the Carlsbad Municipal Code by the AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila IS7 0 0 July 13, 1993 Page 3 PUBLIC HEARING: 24 7. AB #12,311 - ADOPTION OF COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE. Mayor Lewis opened the duly noticed Public Hearing at 6:25 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- - 244, amending Title 7, Chapter 7.08 of the Carlsbad Municipal Code, by the amendment of Section 7.08.010, to adopt by reference the recently revised San Diego County Code of Regulatory Ordinances dealing with rabies, animal control and regulations. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:26 p.m., and re-convened at 6:36 p.m., with all Members present. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:36 p.m., and re-convened at 6:55 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 70 8. AB #12,312 - AVIARA OAKS MIDDLE SCHOOL ACTIVITY PLAY FIELD DEVELOPMENT 91 PROPOSAL. 45 David Bradstreet, Parks and Recreation Director, made changes in the Joint Use and Community Recreation Agreement with the Carlsbad Unified School District, Items #7 and #9, as follows: Item #7 - reworded as follows: The City may install and maintain sprinkler systems, turf, playground equipment, fencing and additional recreational equipment not in conflict with school use, on school property in areas selected by the Ci Manager, subject to the prior approval by the Superintendent of schools, which consent shall not be unreasonably withheld. Any installation of equipment or construction of facilities for community recreation purposes shall be at the City's costs and meet standards established in the California Education and Administrative Code. Item #9 - reworded as follows: The La Costa Youth Organization agrees to maintain the baseball fields on the upper playing fields until the construction of the Middle School is completed and accepted by CUSD (at such time, the maintenance responsibilities will be assumed by the City or as otherwise stipulated in the 'Joint Use and Community Recreation Agreement Between Carlsbad Unified School District and City of Carlsbad'. Len Giuffre, President of La Costa Youth Organization, 2930 Sombrosa Street, explained LCYOs ability to function as a partner with the City on this project and requested approval. 1% 0 0 July 13, 1993 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 205, withdrawing an application for Roberti-Z’Berg-Harris Grant funding for the development of a barbecue facility; approving a phased-development plan for activity play fields at Aviara Oaks Middle School; approving an application for use of Roberti-ZBerg-Harris Grant funding to develop Phase I of the activity fields; approving a separate Joint Use and Community Recreation Agreement with Carlsbad Unified School District (as amended), and approving a Development and Maintenance Agreement with La Costa Youth Organization for the Aviara Oaks Middle School activity play fields. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 67 9. AB #12,288 - AMENDMENTS TO THE MUNICIPAL CODE REGARDING SKATEBOARDING AND ROLLER SKATING. ACTION: By consensus, the Council instructed staff to ensure that the signage makes it clear that the lower beach walkway is for pedestrians only. ACTION: On motion by Council Member Nygaard, Council introduced ORDINANCE NO. NS-246, amending Title 10, Chapter 10.32 and Chapter 10.58 of the Carlsbad Municipal Code for restrictions on skateboarding. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 113 10. AB #12,287 - APPROVAL OF THE AVIARA AFFORDABLE HOUSING DEVELOPMENT 45 AGREEMENT (Dl 92-5). ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-245, approving an Affordable Housing Development Agreement between the City of Carlsbad and the Aviara Master Plan developer to provide for the accelerated development of affordable lower-income inclusionary housing units. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 67 11. AB #12,313 -CLARIFICATION OF APPEAL PROCEDURES FOR DEFERRAL OF IMPROVEMENTS. ACTION: On motion by Mayor ProTem Stanton, Council introduced ORDINANCE NO. NS- - 249, amending Title 18, Chapter 18.40 of the Carlsbad Municipal Code by the amendment of Section 18.40.080 to clarify appeal procedures for deferral of improvements. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila IS? 0 e July 13, 1993 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 67 12. AB #12,314 - RESTRICTION ON HOURS OF PEDDLING, SOLICITING AND/OR VENDING. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- - 250, amending Title 8, Chapter 8.32 of the Carlsbad Municipal Code by amending Section 8.32.050 by changing the hours in which a person can solicit at a private residence. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 37 13. AB #12,315 - CITY COUNCIL COMPENSATION. This item was heard out of order. (See page 2) COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. Mayor Lewis announced there will be a workshop held at Lanikai Lane Mobile Home Park, Monday, July 19, 1993, at 6:OO p.m. to discuss mobile home rent stabilization. Mayor Lewis announced the North County Mayors and Managers luncheon will be held on Thursday, July 15, 1993, at 12 noon, at the Raintree Grill & Bar, and all Council Members are invited. Assistant City Manager Frank Mannen reported on a potential agreement that has been reached by the cities that have not signed the County trash agreement. The two additional conditions provide 1) that if no permanent governance for managing the solid waste has been formed by May 31, 1994, a city could withdraw on or before that date; and 2) there would be no bonding without a majority vote of the members of the Commission. He stated the item would be on Council’s agenda next week. ADJOURNMENT: By proper motion, the Regular Meeting of July 13, 1993, was adjourned at 755 p.m. Respectfully submitted, &rnX (6% ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk * I Sh