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HomeMy WebLinkAbout1995-11-21; City Council; Minutes0 e MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 21, 1995 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Council Member Kulchin called the meeting to order at 6:OO p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Hall, Finnila, Kulchin. Absent: Mayor Pro Tem Nygaard and Mayor Lewis (Lewis arrived at 6:27 p.m.). INVOCATION was given by Pastor James Scott from the First Baptist Church of Carlsbad. PLEDGE OF ALLEGIANCE was led by Council Member Finnila. The City Attorney announced that Mayor Lewis was on his way and that the Closed Session scheduled for 4:30 p.m. would be reconvened when the Mayor arrived. PRESENTATIONS: Council Member Kulchin presented a Proclamation to Jayce McClellan for the Carlsbad Christmas Bureau and presented a Proclamation to Mae Johnson for National Family Week. APPROVAL OF MINUTES: On motion by Council Member Finnila, Council approved the Minutes of the Special and Regular Meetings held November 7, 1995. AYES: Kulchin, Finnila and Hall Council Member Kulchin stated that the Minutes of the Special and Regular Meetings held October 17, 1995, would be taken up later in the meeting after the Mayor’s arrival. CONSENT CALENDAR: ACTION: On motion by Council Member Kulchin, Council unanimously affirmed the action of the Consent Calendar, Items #1 and #2, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 70 1. AB #13,401 - APPROVAL OF AMENDMENT TO AGUA HEDIONDA LAGOON LEASE. 45 Council adopted RESOLUTION NO. 95-327, approving the second amendment to the lease between the City and San Diego Gas & Electric Co. for Agua Hedionda Lagoon, to delete the middle lagoon from the lease. ,2! 64 0 0 November 21, 1995 City Council Page 2 74 2. AB #13,432 - SETTLEMENT OF WORKERS COMPENSATION CLAIM OF JOSEPH MCMAHON. Council adopted RESOLUTION NO. 95-328, approving the Stipulations with Request for Award authorizing the payment of $8,715 to Joseph McMahon as settlement of his workers compensation claim. ORDINANCE FOR INTRODUCTION: 67 3. AB #13,409 - ORDINANCE PROHIBITING SKATEBOARDING IN THE DOWNTOWN AREA OF CARLSBAD AND OTHER SPECIFIED AREAS. Richard Duquette, 101 5 Chestnut, A-2, Carlsbad, referenced a letter dated November 21, 1995, which had been sent to the City Attorney, and requested that the letter be admitted for the record. Mr. Duquette requested that a continuance of 30 days be granted in order to review and analyze the ordinance. He stated that there would be CEQA problems created by the ordinance, and that there were several different constitutional issues, specifically with regard to age discrimination and users of rollerblades and bicycles. Mr. Duquette stated that it had been brought to his attention that the Police Department had confiscated some skateboards, and requested copies of complaints and claims received. Mr. Duquette suggested that a skateboard park like the one in the Paul Ecke Ranch could generate $100,000 annually, which could pay for the insurance and upkeep of a park in Carlsbad. Stacy Foster, 3805 Garfield Street, stated that if the sport of skateboarding is banned in Downtown Carlsbad an alternative area be designated for skateboarding. Garret Ramsey, 1212 Oak Avenue, spoke regarding the unfair ban on skateboarding. He suggested that solutions be found and that this ordinance would only create problems. Rosanne Bentley, 4940 Hillside Drive, agreed with Mr. Duquette and stated that it was unfair to pass the burden back to the parents and the skaters and that the city was using the issue of liability as an excuse to prohibit skateboarding. Ms. Bentley asked where would the kids be allowed to skate? She stated that a safe place must be found for them to skate, and that it is the City’s responsibility to find a solution. Richard Flores, 775 Carlsbad Village Drive, merchant and resident, questioned where the liability question takes effect - if not in the downtown area, then where does the liability issue come into play? Mr. Flores stated that banning skateboarding would create problems between the kids and police officers. Mr. Flores said that it was the responsibility of the city to provide a place to skate. Mayor Lewis arrived at 6:27 p.m. Ron Ball, City Attorney, responded to the CEQA issue by stating that the case referred to by Mr. Duquette was the fish hatchery case. He further informed Council that in that case the court had awarded costs to the City. The City Attorney stated that this ordinance was not in conflict with any CEQA laws. Mr. Ball noted that if Mr. Duquette wishes a verbatim transcript of the proceedings, the instructions as contained in the Carlsbad Municipal Code, Chapter 1.16 should be followed. 268 0 0 November 21, 1995 City Council Page 3 Council Member Finnila suggested that the boundaries be adjusted on the map accompanying the ordinance. The Mayor responded that these boundaries were in conformance with the Redevelopment area. Council Member Hall asked if a skateboard park could be included in an existing park. Dave Bradstreet, Community Services Director, reported that there are standards in place for various parks and that there are no existing standards for skateboard parks, that standards would have to be created and that a future park with the inclusion of a skateboard area would have to go through the Parks & Recreation Commission process. He stated the Parks and Recreation Commission would have to determine if other activities could be added to an existing park, and that every year-and-a-half a review is made by the Parks and Recreation Commission and the City Manager’s Office, and any changes are then submitted to the City Council. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-339, which prohibits skateboarding in downtown Carlsbad and on certain portions of the sidewalk along Carlsbad Boulevard, the Senior Center parking lot, and City Hall. AYES: Lewis, Kulchin, Finnila and Hall ORDINANCES FOR ADOPTION: 67 4. AB #13,402 - MODIFICATIONSTO STANDARDS FOR NEWSRACKLOCATIONS ON PUBLIC RIGHTS- 45 OF-WAY AND REVISION OF BUSINESS LICENSE REGULATIONS FOR COIN OPERATED MACHINES AND NEWSRACKS. ACTION: On motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-323, amending Title 11, Chapter 11.36 of the Carlsbad Municipal Code by the amendment of Sections 1 1.36.020, 1 1.36.030, 1 1.36.040, 1 1.36.050, 1 1.36.060, and 11.36.080 regarding locations and standards for newsracks on public rights-of-way; and Adopted ORDINANCE NO. NS-324, amending Title 5, Chapter 5.04 of the Carlsbad Municipal Code by the amendment of Sections 5.04.020 and 5.04.060, and Chapter 5.08, by the amendment of Section 5.08.01 0 regarding business license regulations for coin operated machines and newsracks. AYES: Lewis, Kulchin, Finnila and Hall CLOSED SESSION: Council adjourned to a Closed Session at 6:44 p.m., to continue discussion regarding Employer-Employee Relations and Negotiations (pursuant to Government Code Section 54957.6) and Potential Acquisition of Real Property (pursuant to Government Code Section 54956.8). Council reconvened at 707 p.m., with four Council Members present and Mayor Pro Tem Nygaard absent. PUBLIC COMMENT: There were no requests to address the Council. 2b 3 0 0 November 21, 1995 City Council Page 4 PUBLIC HEARING: 114 5. AB #13,403 - EXTENSION OFTEMPORARY COMMUNITY DIRECTIONALSIGN PROGRAM - ZCA95- - 11. Mayor Lewis opened the duly noticed Public Hearing at 7:lO p.m. and issued the invitation to speak. Since no one wished to speak on this item, the Public Hearing was closed. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS- 337, approving a Zone Code Amendment to extend the sunset (expiration) date of the City’s Temporary Community Directional Sign Ordinance to June 1, 1996. AYES: Lewis, Kulchin, Finnila and Hall CITY COUNCIVHOUSING AND REDEVELOPMENT COMMISSION JOINT MEETING: The Housing and Redevelopment Commission convened at 7:lO p.m., for a joint meeting with the City Council, with four Council Members present and Mayor Pro Tern Nygaard absent. PUBLIC HEARING: 28 6. AB #13,404 - ADOPTION OF VILLAGE MASTER PIAN AND DESIGN MANUAL - LCPA 95-1O/ZCA 95- 114 1 O/MCA 95-1. 77 green Council Member/Commissioner Hall stated he would not participate in the discussion or vote on this item due to a conflict of interest, and left the dais at 7:13 p.m. Mayor/Chairman Lewis opened the duly noticed Public Hearing at 750 p.m. and issued the invitation to speak. Larry Scheer, 3587 Roosevelt, spoke in opposition to sidewalk signs being included in the total amount of square footage of signage available. He noted that some businesses have small frontage areas for signage, and that the Master Plan Advisory Committee had recommended that sidewalk signs be allowed in the Redevelopment Area. Steve Felhaber, 2802 State Street, concurred that some buildings don’t have sufficient size for sign space, and need the visibility provided by A-Frame signs. He expressed concern that a parking time limit longer than two hours would be a detriment to the businesses in the area. Lee Ann Lillinthall, 2728 Grove Avenue, the owner of Carlsbad Beauty Supply and Salon, requested extra signage, such as free standing signs, and stated that there is community support for these signs, as evidenced by the petitions she presented. (Petitions on file with City Clerk.) Sharon McAnally, 3750 Grecourt Way, the owner of Don’s Country Kitchen, requested a three to four hour parking limit so that patrons could go to a restaurant with time to spare to visit other stores in the area. She inquired about the cost of permit fees. Ms. McAnally stated her opposition to food street vendors because they would directly compete with existing restaurant businesses in the area. Gene Forsyth, 2740-A Roosevelt Street, stated that A-frame signs could be eliminated with the possibility of permanent signs in a European style, and requested that sidewalk signs not be included in the overall signage allowed. gb., 6 a 0 November 21, 1995 City Council Page 5 Allan Wanamaker, 2399 Jefferson, owned of the Kahala Cafe, urged Council to be restrictive as to the items that sidewalk vendors would be allowed to sell, and concurred with the comments regarding signage. Since no one else wished to speak on this matter, MayoVChairman Lewis closed the Public Hearing at 8:14 p.m. Debbie Fountain, Senior Management Analyst, responded to Council's query regarding European style signs by stating that canopy signs are allowed in the Village Master Plan and Design Manual. She informed Council that public restrooms are not required by the Master Plan for delicatessens and carry out establishments, and that any eating establishment could have a sidewalk cafe. Pat Kelley, Principal Building Inspector, stated that the requirement for public restrooms for restaurants falls under the jurisdiction of the county health department. COUNCIL ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS330, amending Title 2 and Title 21, Chapters 2.24, 2.26, 21.35, 21.41 and 21.81 of the Carlsbad Municipal Code to ensure consistency with the New Village Master Plan and Design Manual. AYES: Lewis, Kulchin and Finnila ABSTAIN: Hall COMMISSION ACTION: On motion by Commissioner Kulchin, the Commission adopted RESOLUTION NO. 271 I approving a Local Coastal Program Amendment for the Village Segment of the Carlsbad Local Coastal Zone and a Redevelopment Area Implementation Amendment which 1) repeals the existing Village Design Manual and adopts a New Village Master Plan and Design Manual; 2) approves Amendments to Title 2, Chapters 2.24 and 2.26, and to Title 21, Chapters 21.35, 21.41, and 21.81 to ensure implementation consistency with the New Manual; and 3) adopts a new Housing & Redevelopment Commission Policies and Procedures Manual; as amended to include the following: 1) Amendment of the height standards to allow the height of a projectlbuilding to be increased to 45 feet for a project which provides a structured parking facility; otherwise the maximum height shall be 30 feet or 35 feet, depending upon land use district. 2) Deletion of sidewalk vendors as a permitted land use within the Village. 3) Deletion of the following standard: 'Total square footage of a sidewalk sign shall be included in the total calculation of maximum signage permitted for an individual business/building based on the standards set forth for the Village Redevelopment Area" from the Draft Master Plan and Design Manual. 265. 0 e November 21, 1995 City Council Page 6 4) Addition of the following standards to the Master Plan and Design Manual regarding Sidewalk or Freestanding signs: "Sign regulations shall be subject to annual review by the Housing and Redevelopment Commission"; and "All existing building signage must conform to the sign standards set forth the Master Plan and Design Manual before a permit will be approved for a sidewalk sign"; and "A business arcade or courtyard area shall be allowed only one (1) tenant directory sidewalk sign listing all businesses within the arcade or courtyard. Each single business within an arcade or courtyard is not allowed to have an individual sidewalk sign." AYES: Lewis, Kulchin and Finnila ABSTAIN: Hall Council Member Hall returned to the dais at 8:34 p.m. MUNICIPAL WATER DISTRICT: Mayor/Chairperson Lewis adjourned the Joint Meeting of the City Council and Housing and Redevelopment Commission at 8:34 p.m. to the Carlsbad Municipal Water District meeting. Mayor Lewis reconvened the City Council Meeting at 8:36 p.m. with four members present and Mayor Pro Tem Nygaard absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 62 7. AB #13,405 - SUPPORT FOR ALCOHOL SERVER INTERVENTION TRAINING LEGISLATION. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 95-329, to support legislation that would require Alcohol Server Intervention Training. AYES: Lewis, Kulchin, Finnila and Hall Council Member Finnila requested that a copy of the Resolution be sent to California State Senator Lucy Killea's office. 84 8. AB #13,408 -AWARD OF CONTRACT FOR STREET SWEEPING SERVICES ..CONTRACT NO. STS-1, 45 In response to Council inquiry, Julie Ross, Management Analyst, stated that there were sufficient funds in the Gas Tax account to fund the enhanced street sweeping services if Proposal No. 2 were selected. Steven Dickson, PresidenVreasurer, R. F. Dickson Company, the current street sweeping contractor, spoke about how his company responds to complaints and stated that only 11 complaints had been turned over to his company this year. He requested that Proposal No. 1 be selected. 26 y Q e November 21, 1995 City Council Page 7 ACTION: On motion by Council Member Kulchin, Council selected proposal No. 1 and adopted RESOLUTION NO. 95-330, awarding the contract to R. F. Dickson Company for street sweeping service for the period December 1, 1995 through June 30, 1996. AYES: Lewis, Kulchin, Finnila and Hall 102 9. AB #13.406 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF CALLE BARCELONA. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-331 establishing a prima facie 30 mile per hour speed limit on the portion of Calle Barcelona from Rancho Santa Fe Road to its intersection with Calle Acervo. AYES: Lewis, Kulchin, Finnila and Hall 102 10. AB #13,407 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF CALLE ACERVO. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-338, establishing a prima facie 30 mile per hour speed limit on the portion of Calle Acervo from Camino De Los Coches to its intersection with Calle San Bias. AYES: Lewis, Kulchin, Finnila and Hall COUNCIL REPORTS: Council Members reported on the activities and meetings of the committees and subcommittees of which they are members. ADJOURNMENT: By proper motion, the Regular Meeting of November 21, 1995, was adjourned at 9:05 p.m. Respectfully submitted, Isabelle Paulsen Administrative Secretary 26 3