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Home My WebLink About1993-01-12; City Council; Minutes (2)a a MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 12,1993 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~ ~ ~~ ~~ CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:13 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 PRESENTATION: Guitarist Chris Proctor, one of the Arts Office’s Visiting Artists, presented a short musical program. CONSENT CALENDAR: Mayor Lewis requested Item #2 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Item #1, 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. 40 1. AB #12,025 - APPROVAL OF PLANS AND SPECIFICATIONS FOR CITY HALL XERISCAPE - (CMWD) PROJECT NO. 2660. Council adopted RESOLUTION NO. 93-6, approving contract documents, special provisions and specifications and authorizing the City Clerk to advertise for bids for construction of the City Hall Xeriscape Project. 30 2. A6 #12,026 - DENIAL OF APPEAL - CARLSBAD THEATRE. This item was removed from the Consent Calendar. I1 0 0 January 12, 1993 Page 2 ITEM REMOVED FROM THE CONSENT CALENDAR: 30 2. AB #12,026 - DENIAL OF APPEAL - CARLSBAD THEATRE. Mayor Lewis stated his concern with a newspaper article that indicated the Council did not support the theatre. He said that he wanted to make it clear that Council does support the conceptual idea of the theatre, but is concerned with the safety of the public in general. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-7, denying the appeal for exclusion from seismic retrofit repairs required by Chapter 18.07 of the Carlsbad Municipal Code entitled Unreinforced Masonry Construction. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT: There were no requests to address Council at this time. ORDINANCES FOR ADOPTION: 102 3. AB #12,027 - REVISION OF PRIMA FACIE SPEED LIMIT ON PARK DRIVE FROM HILLSIDE DRIVE TO VALENCIA AVENUE. Girard Anear, 1728 Calavo Court, spoke in opposition to the 35 mile per hour speed limit on Park Drive from Hillside Drive to Valencia Avenue. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- revision of Section 10.44.1 20 to establish a prima facie 35 mile per hour speed limit upon Park Drive from Hillside Drive to Valencia Avenue. - 220, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 110 4. AB #12,028 - REVISION TO CARLSBAD MUNICIPAL CODE REGARDING CROSS CONNECTION CONTROL PROGRAM. ACTION: On motion by Mayor Pro Tern Stanton, Council adopted ORDINANCE NO. NS- 221, amending Title 14, Chapter 14.12 of the Carlsbad Municipal Code by the amendment of Section 14.12.090 to change the location for filing applications for certification as a tester of backflow prevention devices. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC HEARINGS: 109 5. AB #12,029 - REQUEST FOR WAIVER FROM URGENCY ORDINANCE FOR ACCESSORY STRUCTURE - REINDEL ARTS/CRAFTS ROOM - ACCESSORY STRUCTURE NO. 01. Mayor Lewis opened the Public Hearing at 6:45 p.m., and issued the invitation to speak. IO 0 0 January 12, 1993 Page 3 PUBLIC HEARINGS: (Continued) John Fitzsimons, 3158 Lower Ridge Road, San Diego, owner of the property located at 7222 Columbine, spoke in opposition to the granting of the waiver. ’ Hans Reindel, 7224 Columbine Drive, addressed Council requesting approval of his request for a waiver. He displayed pictures of the area and the location for the accessory structure. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 7:08 p.m. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93-8, approving a waiver from the prohibitions contained in City Council Urgency Ordinance No. NS-206 allowing a 598 square foot accessory building in the rear and side yard setback at 7224 Columbine Drive in the R-1 Zone. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 109 6. AB #12,030 - REQUEST FOR WAIVER FROM URGENCY ORDINANCE FOR ACCESSORY STRUCTURE - BERNHEIM GARAGE - ACCESSORY STRUCTURE NO. 02. Mayor Lewis opened the Public Hearing at 7:13 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 Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 9, approving a waiver from the prohibitions contained in City Council Urgency Ordinance No. NS-206 allowing a 455 square foot accessory building in the rear and side yard setback at 3220 McKinley Street in the R-1 Zone. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned at the Housing and Redevelopment Commission at 7:14 p.m., and re-convened at 7:15 p.m., with all Members present. MUNICIPAL WATER DISTRICT: Council adjourned to the Water District at 7:15 p.m., and re-convened at 7:16 p.m., with all Members. DEPARTMENTAL AND CITY MANAGER REPORTS: Item #11 was taken out of order. 103 11. AB #12,024 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTIONS NOS. 92-355 AND 93-1 4, appointing Bud Green and Jim Courtney to the Traffic Safety Commission. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ci 0 0 January 12, 1993 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 55 7. AB #12,031 - COUNTYWIDE BALLOT PROPOSITION TO BAN SOLID WASTE INCINERATION. Council Member Nygaard stated she wanted to add qualifying language which would state that solid waste incineration was banned unless it was found to be environmentally safe and economically viable. Council Member Finnila stated she could not support the ban at this time. She stated a cost effective and environmentally safe method of disposal is needed, and with rapidly changing technology, a ban would limit future options. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93- - 10, as amended, requesting that the Board of Supervisors of the County of San Diego place a proposition on the June, 1994, ballot, which would ban solid waste incineration as an appropriate solid waste management technology for San Diego County, "unless it can be proven that incineration is the environmentally preferred and least costly alternative". AYES: Lewis, Stanton, Kulchin and'Nygaard NOES: Finnila 87 8. AB #13,032 - MANAGEMENT AUDIT AND FINANCIAL REVIEW OF SAN DIEGO COUNTY SOLID WASTE SYSTEM. Council accepted the report. 55 9. AB #13,034 - RATE INCREASES FOR SOLID WASTE SERVICES. Council Members Kulchin and Stanton stated they could not approve a profit rate of nine percent in the present economic times. ACTION: On motion by Council Member Nygaard, Council approved the Combined Public Utility and Indexed Rate Approach for evaluating future solid waste services rate increases. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 11, revising the monthly solid waste services rate for the City of Carlsbad. AYES: Lewis, Nygaard and Finnila NOES: Stanton and Kulchin ACTION: On motion by Council Member Nygaard, Council directed staff to provide alternative operating ratios when rates are considered next year. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Council Member Nygaard lei? the Meeting at 8:56 p.m. 53 0 0 January 12, 1993 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 102 10. AB #12,033 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON PALOMAR AIRPORT ROAD 'FROM PASEO DEL NORTE TO PRICE CLUB INTERSECTION. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-222, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the amendment of Section 10.44.170 to establish a prima facie 45 mile per hour speed limit upon Palomar Airport Road from Paseo Del Norte to the Price Club signalized intersection. AYES: Lewis, Stanton, Kulchin and Finnila ABSENT: Nygaard 103 11. AB #12,024 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. This item was taken out of order. (See page 3) CITY MANAGER COMMENTS: Ray Patchett, City Manager, introduced Financial Manager Jim Elliott, who gave a report on the Governor's budget proposal and the potential impacts on the City. ADJOURNMENT: By proper motion, the Regular Meeting of January 12, 1993, was adjourned at 9:21 p.m. Respectfully submitted, &pLd Harriett Babbitt Minutes Clerk 7