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HomeMy WebLinkAbout1995-11-14; City Council; Minutes< 1 0 0 MINUTES MEETING OF CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 14,1995 TIME OF MEETING. 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:05 p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Hall, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: Council Member Finnila. APPROVAL OF MINUTES: None. CONSENT CALENDAR: Item #7 was removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #8, with the exception of Item #7, as follows: WAIVER OF ORDINANCE TMT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 92 1. AB #13,384 - BUDGET AMENDMENT FOR ENCINA PI 1995-96 CAPITAL IMPROVEMENT PROGRAM. Council adopted RESOLUTION NO. 95-320, approving the second budget amendment to the Encina Wastewater Authority (MA) Capital Improvement Program for land acquisition, and appropriating additional funds and authorizing staff to execute the purchase and sale agreement on behalf of the member agencies. 26 2. AB #13,385 - AGREEMENT FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF CERTAIN PUBLIC IMPROVEMENTS - AD 95-1 (CARLSBAD RANCH). Council adopted RESOLUTION NO. 95-321, approving an agreement with Carlsbad Ranch Company, LP, for the acquisition, construction and financing of certain public improvements to be constructed on the property known as Carlsbad Ranch. .g& 1 0 0 96 45 105 45 84 81 55 39 55 November 14, 1995 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 3. AB #13,386 - TRAFFIC SIGNAL AT CAMINO DE LOS COCHES/LA COSTA CANYON HIGH SCHOOL ENTRANCE, PROJECT NO. 3496. Council adopted RESOLUTION NO. 95-322, approving an agreement with the San Dieguito Union High School District and Douglas E. Barnhart, Inc., for construction of a traffic signal at the intersection of Camino De Los Coches/La Costa Canyon High School driveway; approving the plans and specifications for the construction of the signal; and directing the City Clerk to solicit bids for the project. 4. AB #13,387 - APPROVAL OF SUBRECIPIENT AGREEMENT FOR 1993-94 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Council adopted RESOLUTION NO. 95-323, approving a subrecipient agreement with the Boys and Girls Club for 1993-94 CDBG funds to be used to renovate the Village Branch facility. 5. AB #13,388 - ACCEPTANCE OF DIESEL EXHAUST SYSTEMS INSTALLATION - CONTRACT NO. CS 95-1 I Council accepted the installation of diesel exhaust systems at Fire Stations 1,2,3,4 and 6 as complete, and authorized the City Clerk to record the Notice of Completion and release bonds appropriately. 6. AB #13,389 - ACCEPTANCE OF DONATIONS. Council adopted RESOLUTION NO. 95-324, accepting a total of $7,645 in donations in support of the 1995 Youth Tennis Camp and Body Surfing Championship. 7. AB #13,390 - APPROVAL OF USED OIL BLOCK GRANT APPLICATION. This item was removed from the Consent Calendar. 8. AB #13,392 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of the City’s investment portfolio as of September 30, 1995. ITEM REMOVED FROM THE CONSENT CALENDAR: 7. AB #13,390 - APPROVAL OF USED OIL BLOCK GRANT APPLICATION. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- Management Board (CIWMB) Used Oil Block Grant Program, and authorizing the Administrative Services/Projects Manager to execute subsequent documents relative to the grant. - 325, approving the City’s application to the California Integrated Waste AYES: Lewis, Nygaard, Kulchin and Hall 3 6.c 0 0 November 14, 1995 CITY COUNCIL Page 3 ORDINANCES FOR ADOPTION: 113 9. AB #13,391 - LAUREL TREE APARTMENTS ZONE CHANGE - ZC 95-1. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- Zoning Map to grant a zone change (ZC 95-01) from 0 to RD-M-Q on property located on the northeast corner of the Alga Road/Cobblestone Road intersection, in Local Facilities Management Zone 5. - 326, amending Title 21 of the Carlsbad Municipal Code by an amendment to the AYES: Lewis, Nygaard, Kulchin and Hall 67 10. AB #13,393 - REGULATIONS REGARDING PREPARATION OF RECORD OF PROCEEDINGS. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- 327, amending Title 1, Chapter 1.16 of the Carlsbad Municipal Code by the amendment of Subsection 1.1 6.01 O(c) to extend the time in which a record of proceeding shall be prepared. AYES: Lewis, Nygaard, Kulchin and Hall 99 11. AB #13.394 - REGULATIONS REGARDING SUBDIVISION MAP ACT VIOLATIONS. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- 328, amending Title 20, Chapter 20.48, Section 20.48.020 of the Carlsbad Municipal Code to amend provisions relating to recordation of the Notice of Intent to Record Notice of Violation of the Subdivision Map Act. AYES: Lewis, Nygaard, Kulchin and Hall PUBLIC COMMENT: Roger Peterson, 180 Cherry, addressed Council, requesting that the normal procedures be modified so that the skateboarding item could be heard earlier in the meeting. Mayor Lewis responded that the skateboarding item would be heard in approximately five minutes. CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:15 p.m., and re-convened at 6:16 p.m., with four Council Members present and Council Member Finnila absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 67 12. AB #13,395 - REGULATIONS CONCERNING SKATEBOARDING. Mayor Lewis explained that the City had requested Assemblyman Morrow to sponsor legislation to include skateboarding in the list of hazardous recreational activities, but the bill was killed in committee. He stated the City will continue to pursue such legislation. ,& 5 9 0 0 November 14, 1995 CITY COUNCIL Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Richard Duquette, 1015 Chestnut, A2, Attorney, stated he represents the skateboarders in Carlsbad and he referenced the documents on skateboard parks he distributed to Council. (Copy on file in the City Clerks Office) He said the main issue at this time is skateboarding in the parking lot on Roosevelt and Carlsbad Village Drive and a total prohibition of skateboarders there and stated opposition to any changes in the regulations. Mr. Duquette said that liability has been given as the main issue on having a free skateboarding park, but he said that other cities have built skateboarding parks and have found this to be a non-issue. He said that skateboarding does not have to be listed as a hazardous activity for the city to be protected. Mr. Duquette stated that the solution to this matter is a free skateboard park and suggested a supervised park with each individual signing a waiver; and if under age 18, an adult signature should be required. He stated that the cost would not be that great and he spoke of the parks in Santa Rosa and Huntington Beach. He said the children should not be forced to hire an attorney to file a lawsuit to get an injunction and that the kids should be a priority over tourism. Richard Flores, 775 Carlsbad Village Drive, a skateboarder for eleven years, told of the popularity of skateboarding parks, mentioning the parks at Santa Rosa and Huntington Beach. He also stated that the Santa Rosa park, which has been open one and a half years, has not had any claims or lawsuits. Rosanne Groves-Bentley, 4940 Hillside Drive, stated she is a concerned parent and supports the skateboarders and opposes the proposed ban. She stated the City should examine what other cities such as Huntington Beach have successfully done as far as parks, and that a skateboarding park would bring families and children together. Mrs. Bentley stated that if skateboarding is outlawed in the downtown area, it will make outlaws of the children and cause them to trespass. She stated that we deserve some type of park for our kids. Spencer Ramsey, 121 2 Oak Avenue, spoke against banning skateboarding in the downtown area, and requested a skateboarding park. Dawn Stechschulte, 679 Mural Street, stated skateboarding is an art form to her and she asked that the ordinance banning skateboarders not be passed. Linda Very, 2649 Sutter Street, stated that Carlsbad needs a skate park. She stated that these are our kids, not gang members. Judy Martin, 924 Begonia Court, stated that facilities for other sports are provided and that skateboarding is gaining popularity. She said a skate park would provide a safe place for the children and teach them to wear the appropriate equipment. She felt the parents would help raise funds for such a park. Jaren Estes, 405 Chestnut, Apt. A, a skateboarder for many years, spoke in favor of a park to keep the skaters out of trouble. Marissa Mach, Cardiff, spoke in opposition to banning skateboarding, stating that to do so would be unconstitutional. Phil Antonopoulos, 2051 Avenue of the Trees, spoke in favor of a park for the skaters. He stated that surfers aren’t banned from the ocean, so why ban the skaters from downtown. He said he has visited the YMCA park in Encinitas, and that it is a great place. :as3 a 0 November 14, 1995 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Kim Virgin, 3609 Kingston Street, spoke in favor of a skateboard park and said that if these places are eliminated for skateboarding, the children will just move to another place. She said this is an art form as well as a sport. Roger Peterson, 180 Cherry, stated he was on one of the original committees to address this matter, and he inquired who is behind the new restrictions on skateboarding. He added it is time to re-address the matter of a skate park that would be free of charge. Garritt DuBois, 2031 Washington Street, spoke in opposition to the skateboarding ban, stating the City has a responsibility to the youth of Carlsbad to help keep them occupied and out of trouble. Diane Scheer, 3587 Roosevelt, #101, business owner in the downtown area and Co-Chair of the Village Association, stated that there is damage to the concrete and trash to be picked up in the areas where they skateboard. She said that no parents have volunteered to pay for the damage their children have done and none have volunteered to clean up the trash they left. Ms. Scheer said the skateboarders congregate and wait for 6:OO p.m. at Roosevelt and Carlsbad Village Drive so they can skateboard there. She said that they need a place where they can go at any hour to skate. She suggested the City work together with staff and parents and some of the children to find a resolution to the problem. Jennifer Herring, 2541 Jefferson, #5, stated she has the following questions for the Council: 1) Who proposed this ban and why? 2) How many of you have spoken to the skaters? 3) There is nothing for teens to do in Carlsbad. 4) Why continue to penalize skaters? 5) Skateboarding is not a crime. Kurt Riley, 3750 Grecourt Way, said skateboarding should be supported the same as other sports, and that the solution is to build a skateboard park where the skateboarders can practice their sport. Emily Kelley, 2044 Avenue of the Trees, stated that skateboarding is not harmful and that teenagers have always had hobbies. She stated that straight "A students like to skateboard and asked that the regulations recommended not be passed. Mr. Esparza, 1740 Tamarack Avenue, stated he has a clothing store that is targeted toward the skateboarders and if these regulations are passed it will affect his business. He stated that these kids generate tax dollars purchasing their equipment from his store. He stated that Carlsbad is the mecca of skateboarding. Sharon McAnally, 3750 Grecourt Way, stated she has a business in the village area and there is a problem with beer bottles and broken glass in the parking lot. She is not opposed to the use of skateboards in the village, but does have some concerns. Ms. McAnally said she does not know where they can skate without being hassled, and that a permanent solution needs to be found. Caroline Banse, 829 Windcrest, spoke in opposition to the proposed ban, stating the prohibition goes beyond the bounds of reason. a57 0 0 November 14, 1995 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Ellen Inman, 592 Carlsbad Village Drive, stated that as a business owner downtown, she is concerned about the skateboarders using the parking lot. She is concerned about walking to the parking lot at night and worries about hitting one of the skateboarders when driving in and out of the parking lot. She suggested having the parents come to the area with their children and watch what they do at the parking lot. Ms. lnman said that the skateboarders are rude and she does not want them to continue to damage her property or intimidate her customers. Marion McCurdy, 3050 Madison Street, stated she is a business owner in the Village area. She told of damage done at her place of business to the cement steps, ramps, plants and jardinieres and said the skateboarders do not apologize for or offer to repaint or repair the damage they do. She said that a park would be great, but she wants the skateboarders to be polite and considerate of private property rights. Richard Haugen, 2811 Via Carrio, Tanglewood, stated that the skateboards are the only means of transportation for many of the kids, and that skateboarding is their life. Owen Neder, 2091 Las Palmas Drive, an ex-skateboarder, said the skateboarders support the City through their business and the City should support the kids. Jordan Dietze, 390 Tamarack Avenue, apologized for the skateboarders grinding on the curbs and said that if people don’t want their property stolen, they should not leave it outside. Lee Bohlmann, Carlsbad Chamber of Commerce, 5411 Avenida Encinas, stated that customers and clients in the Village need safe access to businesses located there. She stated there needs to be a place for skateboarding and there is a need to work together to have a skateboarding park. She suggested there might be tours organized to visit the skateboarding park in Huntington Beach. Ms. Bohlmann said she did not want to make the children guilty of any crime, but would rather encourage them to stay in the community and be good citizens. John Jones, 3044 (6) State Street, representing the Citizens Awareness Group, presented a petition supporting a ban of skateboarding in the Redevelopment area. He presented a sack of garbage that was left by the skateboarders in less than three feet from a waste can in the parking lot and told of the damage done in the downtown area to both public and private property. He said the skateboarders are reckless and a menace to citizens and customers, and he requested a complete ban of skateboarding in the downtown area. Mr. Jones said that regardless of the waivers signed, the City would be liable for injuries in a skateboarding park. Laura Haugen, 281 1 Via Carrio, stated that times have changed and that we need a skate park to solve the problem. Jason Forester, 733 Hollow Glen Road, stated the skateboarders are not breaking the laws and are not a menace. He said they have a bad attitude because they are hassled by people, and stated they need a skateboard park. Jud Maramor, 7072 Marazul Way, stated his friends are on the honor roll and do not destroy things. He said the skateboarders just want to have fun, and that if they ban skateboarding downtown, the kids will skateboard there anyway. Ben Disney, 4040 Sunny Hill Drive, suggested that since it would take so much money to build a skateboarding park, skateboarding should be allowed at the High School and Valley Junior High. 256 0 0 November 14, 1995 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Aaron McCloud, 3306 Donna Drive, stated the skateboarders are not menaces and if people treat them like criminals, they will get that type of response. Travis DuBois, 2900 Via Libertad, stated skateboarders are not menaces, and that is an untrue stereotype. He said skateboarders are not nice to those who harass them. Lance Conklin, 3431 Celinda Drive, stated he is a professional skateboarder and knows a lot of the kids who are skateboarders, and they are not as bad as people seem to think. He stated that the City needs to build a skateboarding park. Sherry Jepson, 4547 Johnson Court, stated skateboarding is her escape and asked why they are being denied the right to skate. Witt Rowlett, 7206 Daffodil Place, stated that the regulations in place should be kept and the skateboarders should be given a designated place downtown to skate. He said the skateboarders could be educated as to the safety aspects. Mr. Rowlett stated he had investigated the possibility of a private skateboard park, but the insurance cost was prohibitive. Mr. Rowlett said the kids are pushed and hassled and it is human nature to push back. He said he opposed any banning of skateboarding in the downtown area. Mercedes De La Riva, 2720 Circulo Santiago, spoke in Spanish with a translator, and stated the children have a right to practice skateboarding, but rules need to be established. The parents should have an opportunity to discipline the children and teach them about responsibility. She said they are old enough to know what is good and what is bad and they should know when they are destroying property and should be responsible for what they destroy. She suggested forming a task force to start to fix and repair what has been damaged by the skateboarders. Doug Basset, 2743 Via Tulipan, stated that it was stupid to sue anyone when you fall on your skateboard, especially when it is your own fault. Nick Disney, 4040 Sunny Hill Drive, asked what the adults did when they were young and how they felt when they were denied that activity. He said skateboarding is not a fad and a long-term solution is needed, and the City has not supported its youth with a place to have fun. Skateboarding requires grace and endurance as well as balance and coordination, and a place such as a skate park is needed to do this safely. James Maramor, 2072 Marazul Way, spoke in opposition to the skateboarding ban. Luis Colosi, 2707 Via Celima, stated skateboarding is an art form and a freedom of expression, and is the only sport that he likes. RECESS: Mayor Lewis declared a recess at 8:13 p.m., and Council re-convened at 8:20 p.m., with four Members present and Council Member Finnila absent. (2 5 5- 0 e November 14, 1995 CITY COUNCIL Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 67 12. AB #13,395 - REGULATIONS CONCERNING SKATEBOARDING: (Continued) Mayor Lewis stated that in answer to the question of how this was brought about, he has received numerous complaints from the village area, and explained that a small segment of skateboarders has created the problems with their abusive behavior. (Slides were presented by staff showing damage of skateboarders to property in the downtown area.) Mayor Lewis stated that the City will continue to support legislation to resolve the liability question. He said he realizes that the skateboarders need a place to skate, but that will not come as quickly as they would like. Mayor Lewis proposed that there be a complete ban on skateboarding in the Redevelopment area, and on the blufftop south to Cannon Road. This also would include a ban at City Hall and the Senior Center. He said he is not willing to support a skate park until the City is protected with reference to liability. ACTION: On motion by Mayor Lewis, Council referred the matter to the City Attorney to prepare documents prohibiting skateboarding in the downtown area and on the blufftop walkway south to Cannon Road; including City Hall and the Senior Center. AYES: Lewis, Nygaard, Kulchin and Hall 97 13. AB #13,396 - PROPOSED PROGRAM FOR THE REALIGNMENT OF CARLSBAD BOULEVARD FROM MANZANO DRIVE TO SAN MARCOS CREEK. This item was returned to staff. RECESS: Mayor Lewis declared a recess at 8:49 p.m., and Council re-convened at 851 p.m., with four Members present and Council Member Finnila absent. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 50 14. AB #13,397 - FINANCIAL REPORTS FOR FISCAL YEAR 1994-95 AND FIRST QUARTER 1995-96. ACTION : On motion by Mayor Pro Tem Nygaard, Council accepted the 1994-95 fiscal year end financial report and the first quarter financial report for the 1995-96 fiscal year, and; adopted RESOLUTION NO. 95-326, increasing the revenue estimates and budget for the General Fund by $700,000 and transferring $500,000 to the General Capital Construction Fund. AYES: Lewis, Nygaard, Kulchin and Hall ,d5 Y 0 e November 14, 1995 CITY COUNCIL Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 67 15. AB #13,398 - STANDARDS FOR NEWSRACKS ON PUBLIC RIGHT-OF-WAY. 31 ACTION: On motion by Mayor Pro Tem Nygaard, Council accepted the proposed revisions to the newsrack regulations. AYES: Lewis, Nygaard, Kulchin and Hall 51 16. AB #13,399 - 1994 EDITION OF THE UNIFORM FIRE CODE. and 30 17. AB #13,400 - CONSIDERATION OFVARIOUS 1994 UNIFORM CODES. These two items were considered together. ACTION: On motion by Mayor Pro Tem Nygaard, Council introduced ORDINANCE NO. NS-332, amending Title 17 of the Carlsbad Municipal Code to adopt by reference the 1994 edition of the Uniform Fire Code and set the public hearing for December 5,1995; and introduced ORDINANCE NO. NS-333, amending Title 18 by the amendment of Chapter 18.04, to adopt by reference the Uniform Building code (1994 edition) and the Uniform Building Code Standards (1994 edition); and introduced ORDINANCE NO. NS-334, amending Title 18, Chapter 18.16, by the amendmentofSections18.16.010,18.16.070,18.16.120, 18.16.130and 18.16.160 of the Carlsbad Municipal Code to adopt by reference the Uniform Plumbing Code (1994 edition); and introduced ORDINANCE NO. NS-335, amending Title 18, Chapter 18.08, of the Carlsbad Municipal Code to adopt by reference the Uniform Mechanical Code (1 994 edition); and introduced ORDINANCE NO. NS-336, amending Title 18, Chapter 18.12 to adopt by reference the National Electrical Code (1993 edition); and set the public hearing for December 5, 1995. COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. (2 53 1) 0 November 14, 1995 CITY COUNCIL Page 10 ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: Building Community in North County Workshop, in the City Council Chambers, Thursday, November 16, 1995, at 1 :00 p.m. Carlsbad Senior Commission Volunteer Celebration at the Raintree Grill, Friday, November 17, 1995, at 5:30 p.m. ADJOURNMENT: By proper motion, the Regular Meeting of November 14, 1995, was adjourned at 9:18 p.m. Respectfully submitted, ye Assistant City Harriett Babbitt Minutes Clerk 2522