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Home My WebLink About1995-08-15; City Council; Minutes (2)0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 15,1995 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:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Hall. APPROVAL OF MINUTES: None. CONSENT CALENDAR: Mayor Lewis removed Item #8 from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council affirmed the action of the Consent Calendar, Items #1 through #14, with the exception of Item #8, as follows: AYES: Lewis, Nygaard, Kulchin, Finnila and Hall WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 97 1. AB #13,270 - APPROVAL OF PLANS AND SPECIFICATIONS FOR CONCRETE REPAIRS AND STREET RESURFACING - PROJECT NOS. 241 1 AND 2412. Council adopted RESOLUTION NO. 95-228, approving plans and specifications for concrete repairs and street resurfacing and directing the City Clerk to advertise for bids for the projects. 73 2. AB #13,271 - APPROVAL OF ABOVE-GROUND ENCROACHMENT ON THE EAST SIDE OF 45 ALMADEN LANE - PR 4.78. Council adopted RESOLUTION NO. 95-229, approving an above-ground encroachment for a six- foot high open steel fence to be located three feet behind the curb in the public right-of-way on the east side of Almaden Lane, and approving an encroachment agreement with La Costa Village Homeowners Association. / 5 .z, 74 99 70 45 84 99 23 45 74 23 39 0 0 August 15, 1995 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 3. AB #13,272 - SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF MICHAEL BLISS. Council adopted RESOLUTION NO. 95-230, approving the Stipulations with Request for Award authorizing the payment of $8,155 to Michael Bliss in settlement of his workers' compensation claim. 4. AB #13,273 -APPROVAL OF PRE-PAYMENT AGREEMENT FOR SAMBI SEASIDE HEIGHTS - CT 92-2. Council adopted RESOLUTION NO. 95-231, approving a Petition, Waiver and Consent Agreement with Sambi Seaside Heights, LLC for the pre-payment of Facility Impact Fees for the construction of Alga Road and Poinsettia Lane. 5. AB #13,274 - AWARD OF CONTRACT FOR MEAL SERVICE FOR SENIOR CITIZEN NUTRITION PROGRAM. Council adopted RESOLUTION NO. 95-232, accepting a bid and awarding a contract for the preparation of meals for the Senior Citizen Nutrition Program for the period September 1, 1995, through August 31, 1996, to the City of Vista, Brengle Senior Center. 6. AB #13,275 - PURCHASE OF ONE TYPE Ill MODULAR AMBULANCE. Council adopted RESOLUTION NO. 95-233, authorizing the purchase of one Type 111 Modular Ambulance from Leader Industries, Inc., at a cost of $1 00,893.51. 7. AB #13,276 - APPROVAL OF FINAL MAP FOR EAGLE CANYON - CT 91-2. Council adopted RESOLUTION NO. 95-234, approving a Petition, Waiver and Consent Agreement with D. R. Horton San Diego No. 15, Inc., to guarantee financial participation in the funding of Cannon Road West, and approving the Final Map for CT No. 91-2. 8. AB #13,277 - PURCHASE OF ARTWORK "MOTHER EARTH/FATHER SKY. This item was removed from the Consent Calendar. 9. AB #13,278 - ESTABLISHMENT OF CLASSIFICATION IN CITY TREASURER'S OFFICE. Council adopted RESOLUTION NO. 95-236, establishing the classification of Assistant to the Treasurer as a three-quarter-time position,' and amending the General Employees Classification and Salary Plan. 10. AB #13,279 - APPROVAL OF NATIONAL ENDOWMENT FOR THE ARTS GRANT APPLICATION. Council adopted RESOLUTION NO. 95-237, approving the Arts Office grant application to the National Endowment for the Arts for the development of an arts festival at The Flower Fields. 11. AB #13,282 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's report on the status of City investments as of June 30,1995. 181 0 0 August 15, 1995 CITY COUNCIL Page 3 ITEM REMOVED FROM THE CONSENT CALENDAR: 23 8. AB #13,277 - PURCHASE OF ARTWORK "MOTHER EARTH/FATHER SKY". 45 Maurice Kimball, 1623 James Drive, spoke in opposition to purchasing the artwork and stated the art program is a waste of time and effort. Mayor Lewis stated he had concerns about the location proposed for this artwork. Staff stated the recommendation of the Arts Commission was to keep the artwork at the fountain where it has been for the past six months as part of the Temporary Art Exhibition. The second choice of the Commission was to place it in the median of Carlsbad Village Drive, somewhere in the downtown area. Mayor Lewis proposed that if the Council decided to purchase this piece, that the placement be limited to public facilities; such as fire stations, Library, City Hall, etc; but not in the median and not in the Redevelopment area. He added that the comments from citizens were not of disapproval of the statue, but of the location. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION 95-235, authorizing the purchase of artwork "Mother Earth/Father Sky"; removing the artwork from the Redevelopment area and placing at a City facility. AYES: Lewis, Nygaard, Kulchin and Hall NOES: Finnila By unanimous consensus, at the request of Council Member Hall, Council agreed to reconsider the vote on this item. ACTION: On motion by Mayor Pro Tem Nygaard, Council determined that the artwork "Mother Earth/Father Sky" should not be placed in the Redevelopment area, and placement should be limited to City facilities, such as City Hall, the Library, the Safety Center and fire stations. AYES: Lewis, Nygaard Kulchin and Hall NOES: Finnila ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 235, authorizing the purchase of artwork "Mother Earth/Father Sky", as amended by the previous motion concerning the location of the artwork. AYES: Lewis, Nygaard and Kulchin NOES: Finnila and Hall 1 .scj 0 0 August 15, 1995 CITY COUNCIL Page 4 PUBLIC COMMENT: Len Wolfer, President, Carlsbad Residents Association, Inc., addressed Council regarding the pending purchase of Rancho Carlsbad Mobile Home Park by the residents there. He stated the easement and encroachment problems are being completed, but they do need a letter of support from the City Council on the 1033 letter to enable them to close escrow on September 7. Sue 'Loftin, Attorney, 12526 High Bluff Drive, Ste. 300, San Diego, reiterated Mr. Wolfer's request for the letter of support from City Council to enable the escrow to close September 7. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: Ribbon Cutting for new Model Center at Carlsbad By The Sea, 2855 Carlsbad Boulevard, on Thursday, August 17, 1995, at 4:OO p.m. Dedication of Restrooms at the Sea Wall below the Split Pavilion, on Monday, August 21, 1995, at 10:30 a.m. PUBLIC HEARINGS: 26 12. AB #13,283 - LA COSTA DOWNS ASSESSMENT DISTRICT NO. 92-1. Staff explained the purpose for the Public Hearing; described the improvements and boundaries of the District; presented and summarized the "Report"; explained the method and formula of assessment spread; reported that no protests have been received; and reported that the low bid was $150,000 lower than the estimated cost. The City Clerk announced that notice of the Public Hearings has been given as required by law and a Certificate of Compliance is on file certifying the following: Mailing notice to property owners within the District Filing proposed boundary map in office of County Recorder Publication of Notice Inviting Sealed Bids Mayor Lewis opened the duly noticed Public Hearing at 6:25 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. Council received the report and confirmed that the second public hearing would be held on September 5, 1995. 77 13. AB #13,280 - LOCAL COASTAL PROGRAM AMENDMENT APPLICATION FOR DEVELOPMENT AGREEMENTS - LCPA 94-1. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 238, authorizing City staff to submit Chapter 21.90 of the Carlsbad Municipal Code to the California Coastal Commission to amend the implementation plan for the City's Local Coastal Program. AYES: Lewis, Nygaard, Kulchin, Finnila and Hall / !?? 0 0 August 15, 1995 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: [851 14. AB #13,281 - REPORT ON CHILD CARE IN THE INDUSTRIAL AREAS. Council Member Hall asked how many churches are located in the industrial corridor, and staff indicated there are four, and they do have child care available on Sunday; however, the parents are present also, which creates a different situation. In reply to Council query, staff indicated there are 130 sites in the industrial corridor with reportable quantities of hazardous materials. Council Member Finnila stated that good child care is essential, but she did not feel that $20,000 to $25,000 should be spent on a study that would merely confirm that there would be a huge liability problem. She stated it should first be determined if child care can be provided in each quadrant outside of the industrial park. Council Member Kulchin said this is a perfect time to conduct a study. Mayor Lewis concurred with the comments of Council Members Finnila and Hall. He said the child care centers should be near homes or businesses, but not in the industrial park. ACTION: Council Member Finnila made a motion to drop the issue of child care in the industrial area without further study through the means of a consultant. (The motion died for lack of a second.) RECESS: Mayor Lewis declared a recess at 6:50 p.m., and Council re-convened at 7:OO p.m., with all five Members present. Council Member Finnila stated that all four of the quadrants border on the industrial area and currently there are provisions for child care in the commercial and residential areas surrounding the industrial area. ACTION: On motion by Council Member Finnila, Council indicated they did not feel the necessity of ordering a report on child care in the industrial area, and instructed staff to prepare a draft ordinance reflecting Council’s comments made this evening. AYES: Lewis, Finnila and Hall NOES: Nygaard and Kulchin COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. i.? 8 e 0 August 15, 1995 CITY COUNCIL Page 6 ADJOURNMENT: By proper motion, the Regular Meeting of August 15, 1995, was adjourned at 7:03 p.m. Respectfully submitted, (lLzcLR- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbiti Minutes Clerk x:- 177