HomeMy WebLinkAbout1992-06-02; City Council; MinutesMINUTES
MINUTES OF:
DATE OF MEETING: JUNE 2,1992
TIME OF MEETING: 6:OO P.M.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:03 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Nygaard, Stanton, Larson, Mayor Pro Tem Kulchin and
Mayor Lewis
Absent: None
INVOCATION was given by Father Capuchino, Christ the King Eastern Orthodox Church.
PLEDGE OF ALLEGIANCE was led by Council Member Nygaard.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to the Carlsbad High School Surfing & Bodyboarding Teams
for winning the 1992 State Surfing & Bodyboarding Championships. Co-Coaches Bob Blackburn and
Steve Strother, and Faculty Advisor Denny Cooper accepted the Proclamation.
Carol Anderson, Special Projects Director, Morrison and Associates, invited Council Members and the
public to attend an Open House at the Encina Waste Water Facility on June 6, 1992, from 1O:OO a.m.
to 2:OO p.m., in celebration of the completion of Phase 4 of the Expansion Project.
CONSENT CALENDAR:
Mayor Lewis removed Item #13 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 #13, 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.
104 1. AB #11,701 - REQUEST FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDING.
Council adopted Resolution No. 92-142, authorizing staff to request TDA funding from
SANDAG for construction of sidewalks in various locations throughout the City; and
Adopted Resolution No. 92-143, authorizing staff to request TDA funding from SANDAG for
construction of bicycle lanes on El Camino Real from Palomar Airport Road to Faraday
Avenue.
June 2, 1992
Consent Calendar: (Continued)
2.
3.
4.
5.
6.
7.
8.
9.
Page Two
AB #11,702 - APPLICATION FOR PARTNERSHIPS FOR CHANGE GRANT FUNDING.
Council adopted Resolution No. 92-1 32, authorizing a third year Partnerships for Change
grant application to the California State Library to support enhanced information services to
Carlsbad’s Hispanic community.
AB #11,703 - CONSULTANT AGREEMENT FOR 1992 GROWTH MANAGEMENT PIAN
TRAFFIC MONITORING PROGRAM.
Council adopted Resolution No. 92-1 44, approving a consultant agreement with JHK &
Associates for the 1992 Growth Management Plan Traffic Monitoring Program.
AB #11,704 - ESTABLISHMENT OF STAGGERED TERMS FOR THE CITIZEN’S COMMllTEE
TO STUDY GROWTH.
Council adopted Resolution No. 92-1 45, establishing staggered terms for the seven member
Citizen’s Committee to Study Growth.
AB #11,705 - ABOVE GROUND ENCROACHMENT FOR 932-1/2 HOME AVENUE - PR 4.57.
Council adopted Resolution No. 92-1 46, approving an above ground encroachment and
encroachment agreement with George and Rita Windrum to allow an existing patio to remain
in the street easement at 932-1/2 Home Avenue.
AB #11,706 - ACCEPTANCE OF EASEMENT FOR SLOPE AND TEMPORARY
CONSTRUCTION EASEMENT - PROJECT NO. 31 66.
Council adopted Resolution No. 92-147, accepting a Grant of Easement from the San Diego
Gas and Electric Company for a slope and temporary construction easement along the
easterly side of El Camino Real, just north of the Carlsbad Municipal Water District’s property.
AB #11,707 - LOCAL AGENCY REVIEW OF CONFLICT OF INTEREST CODE.
Council directed staff to review the Local Conflict of Interest Code and return with an amended
if changes are necessary.
AB #11,708 - FUNDING FOR NORTH COUNTY WILDLIFE FORUM WORK PROGRAM.
Council adopted Resolution No. 92-148, authorizing staff to appropriate funds in the amount
of $3,500 to initiate the North County Wildlife Forum Phase I Work Program.
AB #11,709 - REQUEST FOR AUTHORITY TO DESTROY FILES.
Council adopted Resolution No. 92-1 49, authorizing the destruction of certain files located in
the Code Enforcement Division of the Building Department.
June 2, 1992
Consent Calendar: (Continued)
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11.
12.
13.
14.
15.
16.
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Page Three
AB #11,710 - ABOVE GROUND ENCROACHMENT FOR GATED ENTRY AT FAIRWAYS - PR
4.54/CT 90-23.
Council adopted Resolution No. 92-1 50, approving an above ground encroachment for a
gated entry to the Fairways development located on Avenida Valera, and approving an
encroachment agreement with Fieldstone/La Costa Associated Limited Partnership.
AB #11.713 - REQUEST FOR AUTHORITY TO DESTROY FILES
Council adopted Resolution No. 92-1 53, authorizing the destruction of certain files located in
the Parks and Recreation Department.
AB #11,711 - APPROVAL OF CHANGE ORDER NO. 4 AND APPROPRIATION OF FUNDS FOR
IMPROVEMENTS TO OAK AVENUE AND CDBG SIDEWALK IMPROVEMENTS - PROJECT
NOS. 3731, 3732, AND 3739.
Council adopted Resolution No. 92-1 51, approving Change Order No. 4, and appropriating
additional funds for the Oak Avenue and CDBG sidewalk improvements, Project Nos. 3731,
3732, and 3739.
AB #11,712 - RANCHO SANTA FE ROAD REALIGNMENT - EIR 91 -1.
This item was removed from the Consent Calendar.
AB #11,714 - AWARD OF CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS TO THE
INTERSECTION OF EL CAMINO REAL AND TAMARACK AVENUE - PROJECT NO. 3363.
Council adopted Resolution No. 92-1 54, accepting bids and awarding a contract to Kennedy
Pipeline Company for the construction of improvements to the intersection of El Camino Real
and Tamarack Avenue.
AB #11,715 - ADDITION OF CMWD MANAGEMENT CLASSIFICATIONS TO THE CITY'S
MANAGEMENT COMPENSATION PLAN.
Council adopted Resolution No. 92-1 55, approving a revised Management Compensation
Plan and adopting the classifications of General Manager, Administrative Manager, District
Engineer, Operations Superintendent, Maintenance Superintendent, Systems Operations
Supervisor, Construction Maintenance Supervisor, and Administrative Analyst - CMWD to the
City's Management Compensation Plan and Management Salary Schedule.
AB #11.717 - QUITCLAIM OF OFFER OF DEDICATION FOR WATER LINE EASEMENT - MS- - 845.
Council adopted Resolution No. 92-1 56, approving the quitclaim of an offer of dedication for
a water line easement over a portion of Minor Subdivision No. 845 (near Maria Lane) to Robert
and Candace Burke.
June 2, 1992 Page Four
ITEM REMOVED FROM THE CONSENT CALENDAR:
(97) 13. AB #11,712 - RANCHO SANTA FE ROAD REALIGNMENT - EIR 91-1.
Dolores Wehy, 2076 Sheridan Road, Leucadia, spoke in opposition to certification of
the EIR. She stated it was not in compliance with CEQA; the EIR was segmented; the
project was not consistent with the General Plan or Open Space Element; and there
was inadequate mitigation.
ACTION: On motion by Council Member Nygaard, Council adopted Resolution 92-1 52,
certifying the Environmental Impact Report (EIR 91-1) for a project to realign
and construct Rancho Santa Fe Road to six lane prime arterial standards from
La Costa Avenue North to the existing Melrose Avenue as described in the
City of Carlsbad Rancho Santa Fe Road Route Adoption Report Alignment C-1
'Canyon Alignment' and the mass grading of land on both sides of the
roadway in preparation for future development.
AYES:
ABSTAIN: Kulchin
Lewis, Larson, Stanton and Nygaard
PUBLIC COMMENT:
Craig Bauer, 2748 Windsor Court, spoke in opposition to locating a commuter rail station at State and
Grand. In addition, he referenced a petition previously presented to Council opposing the location,
and he re-submitted a copy of the petition to the City Clerk.
Jim Watson, 3283 Lincoln Street, spoke in opposition to a commuter rail station at State and Grand.
John Jones, 3044 State Street, spoke in opposition to a commuter rail station at State and Grand.
Melinda Maltby, 2703 Soccorro Lane, opposed a commuter rail station at State and Grand.
Dr. Ted Viola, 3831 Garfield, requested Council remove the bars at the Split Pavilion and add a
restroom in the area.
Geoff Bell, 3686 Highland, spoke in opposition to locating a commuter rail station at State and Grand.
Council requested staff to schedule a presentation and report on the commuter rail station issue for a
future Council meeting.
ORDINANCES FOR ADOPTION:
(74) 17. AB #11,716 - AMENDMENT TO PERS CONTRACT FOR LOCAL MISCELLANEOUS AND
(45) LOCAL FIRE MEMBERS.
ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted Ordinance No. NS-
201, authorizing an amendment to the Contract between the City of Carlsbad
and the Board of Administration of the California Public Employees Retirement
System to provide Military Service Credit as a public service option.
AYES: Lewis, Kulchin, Larson, Stanton and Nygaard
June 2, 1992 Page Five
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 6:s p.m. and reconvened at
6:54 p.m. with all Members present.
MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 6:- p.m. and reconvened at 655 p.m. with all
Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(29) 18. AB #11,718 - 1992-93 OPERATING BUDGET.
Council received the report and requested staff to consider ways to continue the 'Pops'
concert and to continue providing portable toilets at various parks and recreational facilities.
(23) 19. AB #11,720 - CONSIDERATION OF ARTS COMMISSION RECOMMENDATIONS REGARDING
CHANGES TO THE SPLIT PAVILION.
Connie Beardsley, Arts Manager, gave an historical overview of the Split Pavilion and reviewed
the recommendations of the Arts Commission.
Ronald Ball, Acting City Attorney, reviewed the state and federal laws that protect public
artwork.
Roger Peterson, 180 Cherry Avenue, requested removal of the Split Pavilion.
Donna Nelson, 295 Juniper, requested removal of all the bars at the Split Pavilion.
Don Briggs 111, 41 15 Sunnyhill Drive, submitted a list of citizens/businesses that were offering
assistance to the City to bring about a change to the Split Pavilion.
Jerri Wolder, 5460 Carlsbad Boulevard, representing Mrs. Bronia Hammond and Ms. Llewella
Davies, requested removal of the Split Pavilion.
Pat Mitchell, 3535 Sierra Morena, spoke in opposition to the Split Pavilion.
Laura Haugen, 2730 Jefferson Street #5, spoke in opposition to the Split Pavilion and
requested removal of the bars.
Debby Blair, 3100 Ocean Street, #8, suggested that the bars be removed and, if the artist
becomes upset, the entire project should be removed.
Sabrina Smith, 2320 Rising Glen Way $304, spoke in opposition to the Split Pavilion.
Rand Steiger, 2322 La Costa Avenue, spoke in favor of retaining the Split Pavilion as built.
Vibeke Sorensen, 2322 La Costa Avenue, spoke in favor of keeping the Split Pavilion as built.
Norman Dolnick, 2607 Pirineos Way, suggested Council accept the recommendations of the
Arts Commission.
June 2, 1992 Page Six
Sue Ladouceur, 3460 Charter Oak, member of the Arts Commission, stated many members of
the Commission were present to answer any Council questions.
Pamela Wischkaemper, 4039 Sunnyhill Drive, stated her support of the artwork and the Arts
Commission’s recommendations.
Harold Stidolph, 4814 Kelly Drive, spoke in favor of the Arts Commission’s recommendations.
Arthur Wood, 2697 Vancouver Street, suggested that Council approve the first three
recommendations of the Arts Commission, but don’t accept the project as being complete.
David Sammons, 1703 Evergreen, suggested Council put it on the ballot and let the voters
decide.
Reg Williams, 3162 Carlsbad Boulevard, requested removal of all of the bars.
Kenneth Capps, 1175 Hoover Street, spoke in favor of the Split Pavilion and the Arts
Commission’s recommendations.
Kathleen Stevens, 4594 Salem Place, representing Brian Biernacki, spoke in support of the
Split Pavilion.
Jim Swab, 3640 Adams Street, spoke in opposition to the Split Pavilion.
Jim Watson, 3283 Lincoln Street, stated that the approval process of public art funded by
public money should be handled differently than art funded by private sources. He requested
removal of all of the bars.
It was moved by Council Member Larson, and seconded, that staff be directed
to secure documents from the artist agreeing to the negotiated changes
regarding the landscaping and the removal of the northern rail, and proceed
with the re-landscaping and removal of the northern rail, and then ask the
artist for approval of a redesign, and failing that, ask for a waiver of the artist’s
rights under arts preservation laws, and should that fail, then proceed to effect
the proper legal means to modify the Split Pavilion without the artist’s consent.
AYES: Lewis and Larson
NOES: Kulchin, Stanton and Nygaard
MOTION FAILED DUE TO THE LACK OF A MAJORITY.
ACTION: On motion by Council Member Stanton, Council directed staff to (1) Obtain
signed documents from the artist, Andrea Blum, agreeing to the landscaping
changes and removal of the bars on the north side of the project; (2)
accomplish the agreed upon modifications as soon as possible; (3) seek, from
the artist, a wriien waiver of her rights under arts preservation laws; and (4)
Should there be a decision by the Council to redesign the project after the
changes have been completed, and there is a failure to receive a waiver, staff
is directed to proceed with necessary actions, which could include legal
proceedings, to modify the Split Pavilion without the artist’s consent.
AYES: Lewis, Kulchin, Larson, Stanton and Nygaard
June 2, 1992 Page Seven
RECESS: Mayor Lewis declared a Recess at 10:38 p.m., and Council reconvened at 10x3 p.m., with
all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
( 114) 20. AB #11,719 - AUTHORIZATION TO STUDY LOCATION OF ACCESSORY STRUCTURES IN
REAR AND SIDE YARD SETBACKS IN THE R-1 ZONE, AND CONSIDER LIMITING HEIGHT TO
ONE STORY
Charles Henry, 5501 Los Robles, spoke in favor of the ordinance, and asked Council to apply
it to the Awad structure.
Wayne Brechtel, 380 Stevens Avenue, Solana Beach, representing Charles and Arletta
Raymond, 5491 Los Robles, addressed Council in favor of the ordinance, and requested
Council use the ordinance to abate the structure constructed by Mr. Awad.
Scott Sauers, 129 Cadmus Street, Leucadia, addressed Council representing the Terramar
Association. Mr. Sauers requested approval of the ordinance.
Tom Wood, 325 Carlsbad Village Drive, representing Mr. Awad, spoke in opposition to the
ordinance. He requested that the ordinance not applied to Mr. Awad since he had complied
with all city ordinances.
Barclay Sauers, 51 95 Carlsbad Boulevard, spoke in favor of the ordinance and it’s
application to Mr. Awad.
ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted Resolution No. 92-
157, declaring its intention to consider an amendment to the zoning ordinance
Eegulate the construction, location or character of accessory buildings in the
required rear yard and side yard setbacks in the R-1 zone and limiting the
height of such structures to one story;
and
Council adopted Ordinance No. NS-203, an urgency measure prohibiting the
acceptance, processing or issuance of building permits for accessory
structures in the required side yard or rear yard setbacks in the R-1 zone,
limiting height of such structures to one story and prohibiting continued
construction of such structures where a final inspection or certificate of
occupancy has not been issued.
AYES: Lewis, Kulchin, Larson, Stanton and Nygaard
(102) 21, AB #11,697 - REVISION OF PRIMA FACIE SPEED LIMIT ON HOSP WAY.
ACTION: On motion by Mayor Pro Tern Kulchin, Council introduced Ordinance No. NS- - 202, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the
revision of Section 10.44.140 to establish a prima facie 30 mile per hour speed
limit upon Hosp Way from El Camino Real to Monroe Street.
AYES: Lewis, Kulchin, Larson, Stanton and Nygaard
June 2, 1992 Page Eight
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
22.
23.
24.
AB #11,698 - BEACH EROSION COMMllTEE APPOINTMENT
ACTION: On motion by Mayor Lewis, Council adopted Resolution No. 92-140,
appointing Lu Ann Hall to the Beach Erosion Committee. (One motion for
items 22, 23, and 24.)
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
AB #11,699 - PERSONNEL BOARD APPOINTMENT
ACTION: On motion by Mayor Lewis, Council adopted Resolution No. 92-141,
reappointing Joe Eggleston to the Personnel Board. (One motion for items 22,
23, and 24.)
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
AB #11,700 - SISTER CITY COMMllTEE APPOINTMENT
ACTION: On motion by Mayor Lewis, Council adopted Resolution No. 92-98,
appointing Karen Gleason Huss to the Sister City Committee. (One motion for
items 22, 23, and 24.)
Lewis, Kulchin, Larson, Stanton and Nygaard AYES:
ADJOURNMENT:
By proper motion, the meeting of June 2, 1992, was adjourned at 11:28 p.m.
Respectfully submitted,
ALETHA L. RAUTENKRANZ, CMC
City Clerk
Isabelle Paulsen
Minutes Clerk