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Home My WebLink About1993-10-05; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 5, 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 6:02 p.m. ROLL CALL was taken by the Ci Clerk, as follows: Present: Council Members Finnila, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: Council Member Nygaard. INVOCATION was given by Reverend Douglas Kelly of the Christ Presbyterian Church of Rancho La Costa. PLEDGE OF ALLEGIANCE was led by Council Member Finnila. APPROVAL OF MINUTES: None. ANNOUNCEMENT: Mayor Lewis announced that Daniels Cablevision would continue to carry Channels 8 and 10, since they had reached an agreement that afternoon. PRESENTATIONS: Mayor Lewis presented a Proclamation for DOMESTIC VIOLENCE AWARENESS MONTH to Marva Chriss, Women's Resource Center. Mayor Lewis presented a Proclamation for NATIONAL ARTS AND HUMANITIES MONTH TO Sue Ladouceur, Chairperson, Arts Commission, and Dr. Thomas Curtin, President of the Library Board. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 1 and 2, 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. 81 1. AB #12,421 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 93-282, accepting donations from local merchants totaling $5,210 in support of the annual Carlsbad Body Surfing Contest. 23 CG' e 0 October 5, 1993 Page 2 CONSENT CALENDAR: (Continued) 60 2. AB #12,422 - PURCHASE OF PROPERTY, BOILER AND MACHINERY INSURANCE. Council adopted RESOLUTION NO. 93-283, authorizing the purchase of insurance in the amount of $26,231 for property, boiler and machinery for combined City and CMWD properties. PUBLIC COMMENT: Geoff Bell, 3686 Highland Drive, requested an advisory vote on the 1994 ballot as to whether or not the citizens want a Lego park in Carlsbad. William Jubb, 3998 Highland, told of visiting the Vista Fun Center where five armed guards were present. He questioned why armed guards were necessary at a kids’ park. Karen Ireland, 4025 Crescent Point Road, spoke in favor of Leg0 and the Growth Management Plan. She said the Growth Management Plan should be allowed to control the process of an application by Lego, in the event they choose Carlsbad. Russell Hoffman, 3591 Roosevelt, #200, inquired whether there was any law prohibiting ice cream trucks from playing loud music. He stated he opposes a Leg0 park. Peder Norby, 2630 Valewood Avenue, stated the polls indicate a substantial majorii of Carlsbad citizens support a Leg0 park. A Leg0 park would provide an economic shot in the arm for the entire region. Mr. Norby said an initiative would be a dangerous precedent and would weaken the City’s position and the Growth Management Plan. Mayor Lewis recommended that Council move the Public Comment portion of the Agenda to just before Council Reports. He stated the item would be on next week’s agenda for discussion and action. ORDINANCE FOR ADOPTION: 74 3. AB #12.423 - AMENDMENT TO PERS CONTRACT FOR SENIOR INSTRUCTOR/LIFEGUARD 45 CLASSIFICATION. ACTION: On motion by Mayor Pro Tern Stanton, Council adopted ORDINANCE NO. NS- 258, amending the Public Employees’ Retirement System (PERS) contract to exclude the Senior Instructor/Ueguard positions from mandatory PERS membership. AYES: Lewis, Stanton, Kulchin and Finnila PUBLIC HEARINGS: 28 4. AB #12,424 - REQUEST FOR A BUILDING PERMIT FOR LOCAL HISTORIC LANDMARK - RAMSAY 99 HOUSE. Mayor Lewis opened the duly noticed Public Hearing at 6:29 p.m., and issued the invitation to speak. 23s e 0 114 October 5, 1993 Page 3 PUBLIC HEARINGS: (Continued) Rob Swersley, 1301 Forest Avenue, spoke in favor of the request to allow restoration/remodel of the Ramsay House. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:30 p.m. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 93- - 284, approving the issuance of a building permit for restoration/remodel of Ramsay House, a local Historic Landmark. AYES: Lewis, Stanton, Kulchin and Finnila 5. AB #12,425 - "A' FRAME SIGN REGULATIONS - ZCA 93-4. Mayor Lewis stated he had received a call from LuAnn Lillanthal in favor of the ordinance and in favor of allowing "A' frame signs all of the time. Mayor Lewis opened the duly noticed Public Hearing at 6:45 p.m., and issued the invitation to speak. John Jones, 3044 State Street, spoke in opposition to 'A' frame signs, and added that tables and chairs placed on the sidewalks by restaurants cause many problems and should not be allowed. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:48 p.m. Staff indicated that outdoor eating areas are not being addressed at this time, but they are being studied under the Redevelopment Master Plan update. MOTION: A motion was made by Mayor Pro Tem Stanton that Council approve the abolishment of the permit fee for signs for the Redevelopment Area. The motion failed due to the lack of a majority shown by the following vote: AYES: Stanton and Kulchin NOES: Lewis and Finnila ACTION: On motion by Council Member Finnila, Council determined that if an owner of a non-conforming 'A' frame sign has paid the $30 fee, that no fee would be charged to have that owner conform to the new regulations. AYES: Lewis, Stanton, Kulchin and Finnila 23 il 0 0 October 5, 1993 Page 4 PUBLIC HEARINGS: (Continued) ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 93- - 285, amending Tile 18, Chapter 18.20 and Title 21, Chapter 21.41, of the Carlsbad Municipal Code to add provisions for 'A' frame, projecting and awning signs; and introduced ORDINANCE NO. NS-260, amending Title 18, Chapter 18.20 and Title 21, Chapter 21.41, of the Carlsbad Municipal Code to add provisions for 'A' frame, projecting and awning signs. AYES: Lewis, Stanton, Kulchin and Finnila CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 659 p.m., and re-convened at 7:OO p.m., with four Members present and Council Member Nygaard absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 72 6. AB #12,426 - PROHIBITION OF UNAlTACHED TRAILERS OR SEMI-TRAILERS FROM PARKING ON PUBLIC STREETS OR PUBLIC PLACES. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION 93-286, establishing the parking penalty for parking an unattached trailer or semi-trailer upon any street or public place; and introduced ORDINANCE NO. NS-261, amending Title 10, Chapter 10.40, of the Carlsbad Municipal Code by the addition of Section 10.40.1 51 to prohibit parking of unattached trailers or semi-trailers upon any street or public place except for the purpose of loading or unloading. AYES: Lewis, Stanton, Kulchin and Finnila Council indicated they wanted the matter referred to the Traffic Safety Commission to determine the locations for the signs to be placed notifying the public of the prohibition. City Attorney Ron Ball stated that the Ordinance will not be enforceable until the proper signage is in place. 62 7. * AB #12,427 - PROPOSED FEDERAL MANDATE RELIEF ACT. By consensus, Council authorized the Mayor to send letters to the other cities in the County requesting they send letters to their State representatives urging similar legislation. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 93- - 287, supporting H.R. 140, the Federal Mandate Relief Act of 1993. AYES: Lewis, Stanton, Kulchin and Finnila 233 e 0 October 5, 1993 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 114 8. AB #12,428 - ZONE CODE UPDATE - ZCA 93-3. Council received a report regarding staffs proposed work plan for updating the Ci's Zone Code (Title 21 of the Carlsbad Municipal Code). 22 9. AB #12,429 - DRAFT COMPREHENSIVE LAND USE PLAN - MCCLELLAN-PALOMAR AIRPORT. Terri Woods, Associate Planner, gave the staff report and recommended the wording in the Resolution be amended to reflect the recommendation that the wording in the current Plan be retained, which states that the City may require an avigation easement for uses deemed "conditionally compatible' on the Airport Noise/Land Use Compatibili Matrix of the CLUP. Robert Olislagers, Airport Manager, 2198 Palomar Airport Road, representing the County of San Diego/McClellan-Palomar Airport, stated their principal concern, and the reason for the expanded Airport Influence Area, is noise complaints. He stated that local land use control is not preempted, except with regard to safety. He also stated they have no problem, with the other staff recommendations. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 93- 288, opposing the proposed expansion of the airport influence area boundary of thedraft Comprehensive Land Use Plan (CLUP) for McClellan-Palomar Airport and recommending modifications to the CLUP, including changes to the Aviation Easement Policy; changes to the Airport Noise/Land Use Compatibility Matrix;l and, changes to the CLUP text regarding City policy on City designated special treatment areas; amended as recommended by staff. AYES: Lewis, Stanton, Kulchin and Finnila COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. Assistant City Manager Frank Mannen gave a brief update on the trash situation and stated there would be an agenda item next week. ANNOUNCEMENT: Mayor Lewis announced that all Council Members have been invited to attend a Chamber of Commerce Luncheon on Wednesday, October 6, 1993, at 11 :30 am., at the Safety Center, in the event there are three or more Members present. 123z .. e October 5, 1993 Page 6 ADJOURNMENT: By proper motion, the Regular Meeting of October 5, 1993, was adjourned at 8:28 p.m. Respectfully submitted, ALETHA hB- L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 23 i