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Home My WebLink About1992-03-03; City Council; Minutes0 0 MINUTES OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 3, 1992 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:06 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Kulchin and Mayor Lewis. Absent: None. INVOCATION was given by Reverend Jane Claypool of the Carlsbad Religious Science Church. PLEDGE OF ALLEGIANCE was led by Council Member Stanton. PRESENTATIONS : Mayor Lewis presented a Proclamation to a group of students from Carlsbad High School, in recognition of their placing second in the Honors Project. They have won a trip to Singapore for the group and their Academic Advisor, Mrs. Barbara Mead. Mayor Pro Tem Kulchin presented Mayor Lewis with a plaque for the-City of Carlsbad from the San Dieguito Surf Soccer Club for the City's support for their program. APPROVAL OF MINUTES: On motion by Mayor Pro Tern Kulchin, Council approved the following Minutes as submitted: Minutes of the Regular Meeting held February 11, 1992. Minutes of the Special Meeting held February 18, 1992. Minutes of the Regular Meeting held February 18, 1992. Minutes of the Adjourned Meeting held February 25, 1992. ,&YES : Lewis, Kulchin, Larson, Stanton and Nygaard CONSENT CALENDAR: Mayor Pro Tem Kulchin requested Item P9 be removed from the Consent Calendar. , ACTION: On motion by Mayor Pro Tern Kulchin, Council ' affirmed the action of the Consent Calendar, with the exception of Item #9, as follows: m: Lewis, Kulchin, Larson, Stanton and Nygaard WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 56 e e March 3, 1992 Page 2 CONSENT CALENDAR: (Continued) 73 1. 45 81 2.' 74 3. 39 4. 81 5. 99 6. 73 7. 45 63 8. AB #11,572 - ABOVE-GROUND ENCROACHMENT FOR 4403 HIGHLAND DRIVE - PR 4.53. Council adopted RESOLUTION NO. 92-63, approving an above-ground encroachment and encroachment agreement with Sheldon G. and Patricia A. Stadnyk for an additional five feet of asphalt pavement in the street easement at 4403 Highland Drive. ABSTAIN: Stanton AB #ll, 573 - CONVEYANCE 'OF WATER LINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT FOR FUTURE PARK SITE IN ZONE 19. Council adopted RESOLUTION NO. 92-64, approving the grant of deed conveying a water line easement to the Carlsbad Municipal Water District across a portion of the future park site for Zone 19. AB #11,574 - MANAGEMENT SALARY SCHEDULE. Council adopted RESOLUTION NO. 92-65, approving the Management Salary Schedule for miscellaneous management employees. AB #112,575 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City's investments as of January 31, 1992. AB 3#11,576 - OUITCLAIM OF EXISTING CARLSBAD MUTUAL WATER COMPANY EASEMENT - PR 3.7.53. Council adopted RESOLUTION NO. 92-66, approving a quitclaim of an easement originally dedicated to the Carlsbad Mutual Water Company located at 3475 Charter Oak Drive to Kevin E. and Deborah S. McCann. AB #11,577 - ADDITIONAL APPROPRIATION TO UTILITIES AND MAINTENANCE ASPHALT REPAIRS ACCOUNT. Council adopted RESOLUTION NO. 92-67, appropriating an additional $12,500 to the Utilities and Maintenance Asphalt Repairs Account for the repair of defective street improvements in CT 91-16, Vista Santa Fe. AB #11,578 - ABOVE-GROUND ENCROACHMENT PR 4.50. Council adopted RESOLUTION NO. 92-68, approving the above-ground encroachment and encroachment agreements with Robert A. and Kathy M. Spring and with June Y. Andersen for a block retaining wall along the rear property line at 1750 Basswood Avenue and along the common property line on the adjacent lot at 3350 Valley Street. AB #11,579 - TRANSFER OF.LIB-Y AUDIOVISUAL INSURANCE FUNDS. Council adopted RESOLUTION NO. 92-69, authorizing the transfer of $5,500 from the video insurance materials accounts to the video insurance capital account for the purchase of shelving. 55 9 0 March 3, 1992 Page 3 ITEM REMOVED FROM THE CONSENT CALENDAR: 62 9. AB P11.583 - STATE SHORELINE EROSION FUNDING. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-71, encouraging the State Legislature to include funding in both AB 72 and SB 710 for grants which support regional approaches to shoreline erosion control, or for shoreline erosion projects on publicly-owned land. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard PUBLIC COhlMEwC: Mayor Lewis stated the City Attorney had been researching the artist's contract and the law with respect to possible changes to the Split Pavilion Sculpture. In that regard, the information was now available, and he asked the Attorney to give a report. Ron Ball reported that the construction and design of public art in public places is accorded different treatment than the construction of other public works. That is because California has taken the lead in protecting artists' rights in art work. An act called the California Art Preservation Law states that when an artist designs a work of art, whatever contract entered into must be consistent with the California Law. This Law is contained in Civil Code 987. The law protects any fine art from alteration or destruction that would prove to be detrimental to the artist's reputation. The contract entered into between the City and Andrea Blum is subject to the California Art Preservation Act or the Federal equivalent. In conclusion, he stated any changes to the sculpture must be mutually agreed upon by the City and the artist. Jim Watson, 3283 Lincoln Street, stated he had presented today to the Council Office answers to the survey distributed on Sunday. He stated that 210 people responded to a questionnaire. He read a petition signed by over 5,000 people requesting the bars be removed, and presented the petition to the City Clerk. Jane Stimmel, 772 Ann's Way, Vista, asked how much weight Council would give the Arts Commission recommendation, as she felt this did not represent the community. She said that no other art project should go forward until this issue is settled. Roger Peterson, 180 Cherry Avenue, expressed concern over waiting so long for a response to the legal questions presented by the citizens opposed to the sculpture park. Steve Nelson, 295 Juniper Street, requested Council put on hold any upcoming public funding for public arts projects and not sign any contracts until this issue has been resolved. He said that contracts should be written to protect the community as well as the artist. 54 0 0 March 3, 1992 Page 4 ORDINANCE FOR ADOPTION: 67 10. AB #11,567 - AMENDMENT TO CARLSBAD MUNICIPAL CODE TO PERMIT PLAYING OF CARDS AT THE CARLSBAD SENIOR CENTER. On motion by Mayor Pro Tem Kulchin, Council adopted the following Ordinance: ORDINANCE NO. NS-192, amending Title 5, Chapter 5.12 of the Carlsbad Municipal Code by the addition of Section 5.12.025 to establish regulations of card games in public buildings. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard PUBLIC HEARING: 99 11. AB #11,580 - APPROVAL OF A TENTATIVE TRACT MAP FOR AVIARA PLANNING AREA 26(N) - CT 90-38. Mayor Lewis opened the duly-noticed Public Hearing at 7:14 p.m., and issued the invitation to speak. Larry Clemens, Hillman Properties, 2011 Palomar Airport Road, spoke in opposition to Condition #52 of. Planning Commission Resolution No. 3314, and asked that it be deleted. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:20 p.m. ACTION: On motion by Council Member Larson, Condition #52, stating that prior to approval of the final map the property owner shall agree to participate in a drainage maintenance assessment district, was deleted. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard ACTION: On motion by Council Member Larson, Council directed the City Attorney to prepare documents approving the Negative Declaration and CT 9.0-38, as amended by the previous motion. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:26 p.m., and re- convened at 8:31 p.m., with all Members present. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 8:31 p.m., and re-convened at 8:33 p.m., with all Members present. DEPART"& AND CITY MANAGER REPORTS: 57 12. AB #11,581 - REVIEW OF CONSULTANT REPORT ON FISCAL IMPACT ANALYSIS OF THE GENERAL PLAN. ACTION: Council accepted and filed the report. 53 'e 0: March 3, 1992 Page 5 DEPARTMENTAL AND CIm MA??AGER REPORTS: (Continued) The following items were continued: 68 13. AB #11,526 - APPOINTMENT TO CABLE TELEVISION FOUNDATION BOARD. 28 14. AB #11,506 - APPOINTMENT OF SISTER CITY COMMITTEE STUDENT LIAISON. 28 15. AB #11,556 - HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE APPOINTMENTS. 28 16. AB #11.582 - APPOINTMENT TO CARLSBAD ARTS COMMISSION. COUNCIL REPORTS: Council Members reported on activities and meetings of the Committees and Subcommittees of which they are members. ADJOURNMENT: By proper motion, the Regular Meeting of March 3, 1992, was adjourned at 9:07 p.m., to Thursday, March 5, 1992, at 4:OO p.m., in the event a quorum of Council Members was in attendance at the Arts Commission Meeting at the Safety Center. Respectfully submitted, u2L 4.4- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 525