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Home My WebLink About1993-03-02; City Council; Minutes. 0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: March 2, 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:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: Council Member Nygaard arrived at 6:45 p.m. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Stanton. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton. the following Minutes were approved as presented: Minutes of the Special Meetings held February 2, 1993. Minutes of the Regular Meeting held February 2, 1993. Minutes of the Special Meeting held February 9, 1993. Minutes of the Regular Meeting held February 9, 1993. Minutes of the Special Meeting held February 16, 1993. AYES: Lewis, Stanton, Kulchin and Finnila PRESENTATION: Mayor Lewis presented Certificates of Appreciation to Rosa and Monica Barron, for helping rescue children during a residential fire. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 6, as follows: AYES: Lewis, Stanton, Kulchin and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 50 e e March 2, 1993 Page 2 CONSENT CALENDAR: (Continued) L 1. AB #12,083 - AMICUS BRIEF - HYLAND V. WONDER. Council authorized the City Attorney to join as amicus in the Hvland v. Wonder case, 972 F.2nd 1 129 (9th Circuit 1992). 1 2. AB #12,084 -AUTHORIZING THE CITY ATTORNEY TO JOIN IN THE FILING OF AMICUS BRIEFS. Council adopted RESOLUTION NO. 93-39, authorizing the City Attorney to join the City as an amicus. 9 3. AB #12,085 - REQUEST FOR EXTENSION -TENTATIVE MAP CT 89-39, AVIARA PLANNING AREA - 12. Council adopted RESOLUTION NO. 93-40, granting a one-year extension of time for the tentative map for Carlsbad Tract 89-39, Aviara Planning Area 12. 05 4. AB #12,086 - DESIGNATING STAFF MEMBERS AS CITY AGENTS IN MATTERS RELATED TO DISASTER ASSISTANCE. Council adopted RESOLUTION NO. 93-41, authorizing certain staff members to sign forms and act as the City’s agent in pursuing and recovering costs subject to Federal and State guidelines in matters related to disaster assistance. 9 5. AB #12,087 - REQUEST FOR EXTENSION - TENTATIVE MAP CT 90-10, AVIARA PLANNING AREA 9. Council adopted RESOLUTION NO. 93-42, granting a one-year extension of time for the tentative map for Carlsbad Tract 90-10, Aviara Planning Area 9. 06 6. AB #12.088 - UNDERGROUND UTILITY DISTRICT NO. 13 - TAMARACK AVENUE. Council adopted RESOLUTION NO. 93-43, setting March 22, 1993, as the time for property owners to be ready to connect to the underground system in Underground Utility District No. 13. PUBLIC COMMENT Carol Lindemuth, 2969 State Street, owner of the International Bazaar, spoke in opposition to the Streetscape project due to the impacts on downtown businesses. DEPARTMENTAL AND CITY MANAGER REPORTS: Items #I 0 and #I 1 were taken out of order. 2 10. AB #12,092 - UPDATE ON THE STATE BUDGET. City Manager Ray Patchett announced there was no new information on the budget at this time. v9 0 0 March 2, 1993 Page 3 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 2 11. AB #12,093 - 1993 LEGISLATIVE PLATFORM. The following changes were made in the Legislative Platform: 1. Local Government Finance: (a) add "all units of" following the word "from". 5. Waterfront: (c) add "and parkingo following the word "bluffs". add (9 to read: "Support legislation to promote aquatic research and other related uses". 6. Water Management (a) add "transportation and storage" following the word "water". (c) replace "water conservation techniques" with "xeriscaping". add an additional item to read: "Support efforts which will encourage water conservation techniques". ACTION : On motion by Council Member Kulchin, Council adopted the 1993 Legislative Platform, as amended. AYES: Lewis, Stanton, Kulchin and Finnila 7 7. AB #12,089 - APPEAL OF TRAFFIC SAFETY COMMISSION RECOMMENDATION CONCERNING A GUARD RAIL. Council Member Nygaard arrived at 6:45 p.m. MaryAnn Kingsley, 2911 Sondra Court, spoke in favor of having the guard rail removed on Alicante Road and Corte de la Vista. She presented photographs of other locations in the City where she felt guard rails should be placed, rather than on Corte de la Vista. Ms. Kingsley suggested alternatives, including a stronger wall or moving the guard rail to a location just in front of the wall, with landscaping to cover it. Richard Honn, 7753 Caminito Encanto, spoke in support of removing the guard rail. He stated that part of the guard rail had been removed in an area that was more dangerous than the area where the guard rail remains. ACTION: On motion by Mayor Pro Tem Stanton, Council denied the appeal of the Alicante Hills Homeowners and affirmed the action of the Traffic Safety Commission to retain the guard rail on Alicante Road and Corte de la Vista. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila Lf b b 0 0 March 2, 1993 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 5 8. AB #12,090 - RESOLUTION OF INTENTION TO CONSIDER REVISIONS TO THE SIGN ORDINANCE REGARDING PORTABLE A-FRAME SIGNS. Mayor Lewis announced that the staff report would be heard and public comment taken; however, the item would be continued one week for Council discussion and action. Community Development Director Marty Orenyak reported that the Master Plan Advisory Committee had reconsidered the item at their meeting on March 1, 1993, and changed their recommendation. He said that on a vote of 8 - 3, the Committee recommended that A-frame signs should be allowed at all business locations throughout the Village Redevelopment areas that comply with applicable standards; and they should be included as part of a total sign package in addition to the alternate forms of signage. John Jones, 3044 State Street, spoke in opposition to having any A-frame signs. Steve Fehlhaber, 2802 State Street, representing Home Movies, requested that A-frame signs, with design standards, be allowed in the Village Redevelopment area. Lee Ann Lilinthall, 2728 Grove Avenue, owner of Carlsbad Beauty Supply, 580 Grand Avenue, spoke in favor of A-frame signs (with design standards) in the Redevelopment area. Allan Wanamaker, 2399 Jefferson Street, owner of a restaurant at the corner of Jefferson and Carlsbad Village Drive, stated he was present as Acting Chairman of the Carlsbad Restaurant Association. He spoke in favor of the use of A-frame signs. Hope Wrisley, 2080 Basswood, spoke in favor of A-frame signs in the Village area and the Country Store. Belynn Gonzales, 2728 Chestnut Avenue, Garcia’s Mexican Restaurant, stated she does not have an A-frame sign, but does have tables and chairs outside and feels they serve as her A-frame. She spoke in favor of A-frame signs. Robert Broughton, 2992 Lexington, owner of a business at 519 Grand Avenue, stated he favored the use of A-frame signs in the Village area. George Willis, 539 Carlsbad Village Drive, #201, stated he lives at that address and has his place . of business there, and if A-frame signs are not allowed, his income will be affected. He felt the A-frame signs are very important. John Ingram, 2278 Lisa Street, stated all businesses should be treated equally. If A-frames are allowed in the Village area, they should also be allowed at the Country Store area. Elaine Lyttleton, 421 0 Sunnyhill Drive, representing the Carlsbad Chamber of Commerce, stated the Chamber unanimously voted to support the merchants and the need for A-frame signs, particularly during the streetscape construction. She asked the committee to look at alternative forms of signs after the streetscape is completed, adding that, in the long term, conformity and guidelines ae needed. Gene Forsyth, 2774 Jefferson Street, representing the Village Merchants Association as Co- chairman, spoke in support of the use of A-frame signs. Y? 0 0 March 2, 1993 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Robert Nielsen, 525 Carlsbad Village Drive, spoke in favor of A-frame signs. Harlynn Serwin, 4205 Skyline, representing Roncone’s Restaurant, asked for A-frame signs to be allowed outside of the Redevelopment area. Mayor Lewis stated this item would be continued to March 9, 1993, and Council requested that staff provide information concerning whether other coastal cities allow A-frame signs. RECESS: Mayor Lewis declared a Recess at 8:35 p.m., and Council re-convened at 8:46 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 0 9. AB #12,091 - MUNICIPAL CODE AMENDMENT TO THE BLUFFTOP SIDEWALK FOR PEDESTRIANS ONLY. Roger Peterson, 180 Cherry Street, spoke in opposition to the amendment prohibiting non- motorized vehicles from the sidewalk on the west side of Carlsbad Boulevard from Carlsbad Village Drive to Cannon Road. He suggested having walkers directed to the seawall, which is already restricted to pedestrians. Lynne Fuller, 9960 W. Lilac Road, Escondido, representing lnline skaters, stated she drives from Escondido to skate on the west sidewalk on Carlsbad Boulevard. She spoke in opposition to the proposed amendment. Ed Whitney, 2945 Adams Street, spoke in opposition. He suggested the police ticket those who don’t act responsibly. Kurt Ramey, 2061 Lee Court, spoke in opposition to the amendment, stating his family exercises together, and the children and parents are together doing different things, with some walking and some riding non-motorized vehicles, and they like to do that on the sidewalk on the west side of Carlsbad Boulevard. ACTION: On motion by Council Member Finnila, Council rejected the introduction of ORDINANCE NO. NS-226, and instructed staff to return with documents which would establish some regulations and would allow police to cite the people using wheeled vehicles in a reckless manner. AYES: Stanton, Kulchin, Nygaard and Finnila NOES: Mayor Lewis COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. 46 e 0 March 2, 1993 Page 6 ADJOURNMENT: By proper motion, the Regular Meeting of March 2, 1993, was adjourned at 9:35 p.m. Respectfully submitted, QktL 4. R- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk w5