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HomeMy WebLinkAbout1992-03-17; City Council; Minutes0 0 MImES OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 17, 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 6:02 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 Jerald Stinson of the Pilgrim Congregational Church. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Kulchin, Council approved the following Minutes, as presented: (one motion) Minutes of the Special Meeting held March 3, 1992. Minutes of the Regular Meeting held March 3, 1992. Minutes of the Adjourned Meeting held March 5, 1992. Minutes of the Regular Meeting held March 10, 1992. - AYES : Lewis, Kulchin, Larson, Stanton and Nygaard ABSTAIN: Larson (On the Adjourned Meeting March 5, 1992) CONSEN!t! CALENDAR: Council Member Larson requested .Item 16 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, with the exception of Item f6, as follows: AYES : 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 . 4 1. AB #11,593 - POLICE COMPUTER AIDED DISPATCH TERMINAL REPLACEMENT. - Council awarded a bid to PRC Public Management Services, Inc. , in the amount of $33,447 for the purchase and installation of replacement computer $terminals in the Police Department's console for the Computer- Aided Dispatch System. / 5 2. AB #11,594 - APPROVAL OF AGREEMENT WITH SDG&E -- CARLSBAD BOULEVARD SHORE PROTECTION PROJECT #3307. Council adopted RESOLUTION NO. 92-80, approving an agreement with SDGGtE regarding use of their property for the future construction of the Carlsbad Boulevard Shore Protection project. 66 0 0 March 17, 1992 Page 2 CONSENT CALENDAR: (Continued ) 39 3. AB #ll, 595 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - BATIOUITOS LAGOON EDUCATIONAL PARK TRAFFIC SIGNAL - CT 85-14. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and to release bonds in accordance with the law, and directed the Utilities and Maintenance Department to commence maintaining the public traffic signal improvements constructed at Poinsettia Lane a.nd Avenida Encinas. '4 4. AB #11,596 - AMENDMENT OF LOCAL CONFLICT OF INTEREST CODE. Council adopted RESOLUTION NO. 92-81, amending the Local Conflict of Interest Code by the adoption of the revised appendix correcting the classifications required to file. 10 5. AB #11,597 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 92-82, authorizing the destruction of certain files in the Finance Department. 9 6. AB #11,598 - QUITCLAIM OF EASEMENT - CARLSBAD MS-834. This item was removed from the Consent Calendar. 3 7. AB 111,599 - ABOVE-GROUND ENCROACHMENT AT 3350 RIDGECREST DRIVE. 5 Council adopted RESOLUTION NO .92-84, approving an above-ground encroachment and encroachment agreement with Mr. and Mrs. Kelso to maintain an existing retaining wall at 3350 Ridgecrest Drive. ITEM REMOVED FROM THE CONSENT CALENDAR: 9 6. AB #11,598 - QUITCLAIM OF EASEMENT - CARLSBAD MS-834. ACTION: On motion by Council Member Larson, Council adopted RESOLUTION NO. 92-83, quitclaiming a portion of an open space easement over Parcel 5 of Parcel Map No. 16451 to Aviara Master Association. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard PUBLIC COMMENT: There were no requests to address Council at this time. HOUSING AND REDEVELOPMEN!C COMMISSION MEETING: Council adjourned to the Housing and Redevelopment Commission at 6:lO p.m., and re-convened at 6:11 p.m., with all Members present. 65 0 a March 17, i992 Page 3 DEPAR!CMEN!rAL AND CITY MANAGER REPORTS: Item #9 was taken out of order. 70 9. AB #11,601 - FREE BEACHES ACT OF 1992 INITIATIVE. Roy Latas, 6862 Briarwood Drive, a student at Cal State, San Marcos, explained the initiative, stating it would provide for free public day use beach access and limit fees charged in state parks to the reasonable and direct costs of maintenance. ACTION: On motion by Council Member Larson, the Council recommended that the City of Carlsbad support the Free Beaches Act of 199 2. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 13 8. AB #11,600 - CONSIDERATION OF ART COMMISSION'S RECOMMENDATION. Acting City Attorney Ron Ball reviewed his previous statements made at the March 3, 1992, Council Meeting, stating that the construction of public art in public places is not the same as construction of other public projects such as roads, fire stations, etc., and may be subject to protection by both California State Law and Federal Law. The California Art Preservation Act or its Federal counterpart protect public art work and the contract for this project is subject to that Act. The intent of the City and the Council is to resolve any changes in this sculpture within the intent and spirit of the law. Mayor Lewis made the following recommendations for consideration: The subcommittee should consist of five members, with two Arts Commission Members, Commissioners Wrench and Batter; two Council Members, Council Member Larson and Mayor Lewis, and one citizen at large to be selected next week. Mayor Lewis stated that Ms. Blum should be invited to come to Carlsbad to discuss the matter and the time limit should be shortened to 45 days for a final recommendation to the Arts Commission. Mayor Pro Tem Kulchin requested consideration of a seven person committee, comprised of two Council Members, two Arts Commissioners and three citizens. Council Members Larson, Stanton and Nygaard concurred with the Mayor's recommendation. Heidi Coates, 1285 Oak Avenue, spoke in favor of removing the bars and changing the landscaping. She also requested there be more than one citizen on the subcommittee. William Holthaus, 7102 Linden Terrace, spoke in opposition to the entire project . Jim Watson, 3283 Lincoln Street, presented the City Clerk with petitions containing an additional 1,500 signatures. Summer Salvador, 165 Sycamore, stated the young people in Carlsbad will have to view this park for a long time, and they want the bars removed and the landscaping changed. dy a 0 March 17, 1992 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Roger Peterson, 180 Cherry, spoke in opposition to the entire project. Bill Baker, 3790 Pine Avenue , stated he would defer to Mr. Rich and his slide presentation. John Rich, 3980 Garfield Street, spoke in opposition to the Split Pavilion, using a slide presentation. Donna Nelson, 295 Juniper, stated the City should remove the bars. She said that in the future the public input must be examined thoroughly before public art is processed. Joan Loos, 6521 Easy Street,' stated that a prime piece of ocean front property has been given to a New York resident and the City needs to regain control of this property. Jerri Wolder, 5460 Carlsbad Boulevard, spoke in opposition to the Split Pavilion and requested more than one person from the community on the subcommittee. She recommended six members instead of five, with two from the community. Hope Wrisley, 2080 Basswood Avenue, spoke in favor of the Split Pavilion. Ms. Wrisley stated that the park is a big improvement from what it was before, as it is easier to see the ocean now than when that land was a parking lot. Laurie Masten, 1848 East Pointe Avenue, spoke on behalf of the artwork and the establishing of the committee and said that altering the sculpture becomes censorship. She felt the public had been more than well-informed about this artwork and what it would look like, and that the process had been well-served. Ms. Masten stated she concurred with a five member subcommittee. Jane Stimmel, 772 Anns Way, Vista, spoke in opposition, stating this was not an art issue, but the local citizens being able to control their public property. She asked for immediate action to get rid of the bars or the entire sculpture. Thomas Ratledge, 6876 Briarwood Drive, read from a copy of a letter he had written to the Council, requesting removal of the fence and ice plant. He also requested recommendations be made to prevent this happening in the future. Mr. Ratledge said that drawings of proposed artwork should be on display at the site, and local artists should be used. Mayor Pro Tem Kulchin recommended that the subcommittee be a six-member group, as recommended by one of the speakers. Mayor Lewis stated he would keep his recommendation for a five-member subcommittee. That subcommittee is to return their recommendation to the Arts Commission as quickly as possible, with a final report completed within 45 days. Council Member Nygaard stated that artists' rights under the California Art Preservation Act should be waived on all future contracts and the process reviewed to be certain that adequate public input is received on public art projects. Also, the process for selection, construction and placement of public art should be reviewed and a Council Policy developed for that process. 63 e 0 March 17, 1992 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council Member Larson stated that the Arts Commission is appointed by the Mayor and the Council, and they are asked to serve the community. They have done their job, and he said it bothered him to hear people say they had failed in their job. The Commission does what the Council asked them to do, and if there is a failure, perhaps it is in the process. ACTION: On motion by Mayor Lewis, Council agreed to appoint a subcommittee to meet with the artist to accomplish the following: A. To communicate community response to the artwork; B. To seek a re-examination by the artist and the C. To seek the artist's cooperation in defining subcommittee of the design and materials of the landscape plantings and other issues; and artistically acceptable changes. Council determined that the subcommittee would be comprised of Mayor Lewis, Council Member Larson, Arts Commissioners Gary Wrench and Laurie Batter, and one citizen at large, who shall be appointed at the March 24, 1992, Council meeting. Council also determined that it would be desirable for the subcommittee to complete their meetings with the artist within 45 days. The completed report shall then be presented to the Arts Commission for review and recommendation to the City Council. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard RECESS : Mayor Lewis declared a Recess at 8:03 p.m. , and Council re-convened at 8:12 p.m. , with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 3 8. AB #11.600 - CONSIDERATION OF ART COMMISSION'S RECOMMENDATION. (Continued) This item continued with a review of the art projects pending at this time . Council comments included having the Arts Commission review the process to clarify it. This should be a Council policy that remains consistent, with ample public input. Perhaps notices could be placed in the newspapers, with drawings, if possible. Other City meetings, such as Quadrant Meetings, Commission or Board Meetings, where a project is being considered that includes artwork, should include that artwork on the agenda to allow for further public input. Contracts with artists are to waive the artist's rights under the California Art Preservation Act and any applicable Federal law; and consideration given to placing projects on hold where those rights are not currently waived. Also, consideration should be given to determine .how existing projects can fit into the process to gain public review. a * 0 March 17, 1992 Page 6 DEPARTMENTAL AND CIm MANAGER REPORTS: (Continued) ACTION: On motion by Council Member Nygaard, Council directed their comments be forwarded to the Arts Commission, and the Commission review the process and return with a proposed Council Policy defining the process to be used when selecting artists and artwork to ensure a reasonable opportunity for public review. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 70 9. AB #11,601 - FREE BEACHES ACT OF 1992 INITIATIVE. This item was taken out of order. (See Page 3) j7 10. AB #ll, 602 - ORDINANCE REGULATING THE DISCHARGE OF BB AND PELLET GUNS. ACTION: On motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-194, amending Title 8, Chapter 8.16 of the Carlsbad Municipal Code by restricting the discharge of firearms. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard COUNCIL REPORTS : Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are members. ADJOURNMENT: By proper motion, the Meeting of March 17, 1992, was adjourned at 8:50 p.m. Respectfully submitted, ALETHA Lidd.!b$.- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk G/