HomeMy WebLinkAbout2001-09-18; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 18,200l
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m.
ROLL CALL was taken by the City Clerk as follows:
Present:
Absent:
Lewis, Kulchin, Finnila and Hall.
Nygaard.
PLEDGE OF ALLEGIANCE AND INVOCATION
The Carlsbad Fire Department Color Guard led the Pledge of Allegiance and Kevin
Crawford, Fire Battalion Chief, offered the invocation.
Mayor Lewis read a statement, on behalf of the City Council, commending safety
services and expressing appreciation to all who have extended their hands to help
during the September 11, 2001 tragedy.
ANNOUNCEMENT:
Mayor Lewis announced that Item 22 (AB #16,368 -APPEAL OF PIRINEOS POINTE -
SDP 00-16) would be continued to October 2, 2001.
Mayor Lewis announced that he had received a 23 ounce apple from the garden of
Mot-t Gorden.
PRESENTATIONS:
Mayor Lewis presented Wanda Prosser, representing the Daughters of the American
Revolution, with a proclamation declaring September 17-23, 2001 “Constitution Week”.
Mayor Lewis presented members of the Carlsbad Gold 14-Under Girls Softball Team
with a proclamation recognizing them as the North San Diego County District
Champions.
September 18,200 1 Carlsbad City Council Meeting Page 2
APPROVAL OF MINUTES:
On a motion by Council Member Kulchin, Minutes of the following meetings were
unanimously approved as presented, with Council Member Finnila abstaining from
approval of the minutes of August 7 due to her absence:
Minutes of the Regular Meeting held August 7, 2001.
Minutes of the Regular Meeting held August 14, 2001.
Minutes of the Special Meeting held August 21, 2001.
Minutes of the Regular Meeting held August 21, 2001.
Minutes of the Regular Meeting held August 28, 2001.
Minutes of the Regular Meeting held September 4, 2001.
Minutes of the Special Meeting held September 5, 2001.
CONSENT CALENDAR
Item #7 was removed from the Consent Calendar for discussion.
ACTION: On a motion by Council Member Kulchin, Council affirmed the
action of the Consent Calendar, Items #I through # 18 with the
exception of Item #7 and with Council Member Hall abstaining from
Item #I 1 as follows:
AYES: Lewis, Finnila, Kulchin and Hall,
NOES: None.
ABSENT: Nygaard.
WAIVER OF ORDINANCE TEXT READING:
This is a motion to waive the reading of the text of all ordinances and resolutions at this
meeting.
1.
2.
3.
AB #16,323 - AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
WITH HELMING ENGINEERING.
Council adopted _RESOLUTION NO. 2001-274, approving a Master Agreement
with Helming Engineering for professional engineering services.
AB #16,324 - AMENDMENT NO. 6 TO AGREEMENT FOR STREET SWEEPING
SERVICES WITH CANNON PACIFIC SERVICES.
Council adopted RESOLUTION NO. 2001-275, approving Amendment No. 6 to
the Agreement with Cannon Pacific Services for Street Sweeping Services.,
AB #16,325 - FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30,
2001.
Council accepted the Financial Status Report for the fiscal year ended June 30,
2001.
September 18,200 1 Carlsbad City Council Meeting Page 3
4. AB #16,326 -APPROVAL OF NEW CLASSIFICATIONS IN PUBLIC WORKS AND
RECREATION.
Council adopted RESOLUTION NO. 2001-276, approving the new classifications
of Environmental Specialist l/II and Senior, Equipment Service Worker and Park
Planner; and amending the General Employees’ Salary Schedule and City’s
Local Conflict of Interest Code.
5. AB #16.327 -AMENDING THE PERFORMANCE MANAGEMENT AND
COMPENSATION SYSTEM FOR MANAGEMENT CLASSIFICATIONS, AND
MODIFYING THE HEALTH BENEFITS PROVISION OF THE MANAGEMENT
COMPENSATION AND BENEFITS PLAN.
Council adopted RESOLUTION NO. 2001-277, amending the Management
Salary Structure, revising one management classification, establishing a Base
Pay Increase Matrix, and increasing the Health “Benefits Credits” for active
management employees.
6. AB #16,328 - AUTHORIZATION TO ADVERTISE FOR BIDS TO FURNISH AND
INSTALL A NEW ROOF AT FIRE STATION NO. 5.
Council adopted RESOLUTION NO. 001-278, approving contract documents,
special provisions and specifications, and authorizing the City Clerk to advertise
for bids to furnish and install a new roof at Fire Station No. 5 - Contract No.
FAC02-04.
7. AB #16,329 - AUTHORIZATION TO ADVERTISE FOR BIDS TO REMODEL
CHASE FIELD RESTROOM/SNACK BAR FACILITY.
This item was pulled for discussion.
8. AB #16,330 - APPROVAL OF A QUITCLAIM DEED OF EASEMENT ON
PROPERTY AT THE SOUTHWEST CORNER OF POINSETTIA LANE AND
BLACK RAIL ROAD.
Council adopted RESOLUTION NO. 2001-280, approving a quitclaim deed for
the slope and temporary construction easement across a portion of the
Gallagher/Cameron property at the southwest corner of Poinsettia Lane and
Black Rail Road APN 215-070-33.
9. AB #16,331 -AWARD OF CONTRACT FOR THE CONSTRUCTION OF 2000/01
PAVEMENT OVERLAY PROJECT.
Council adopted RESOLUTION NO. 2001-281, accepting bids and awarding the
contract to Nicholas Grant Corporation for the construction of the 2000 - 01
Pavement Overlay Project, Project No. 3667-4.
September 18,200 1 Carlsbad City Council Meeting Page 4
lo. AB #16,332- AGREEMENT WITH THE SAN DIEGO AIR POLLUTION CONTROL
DISTRICT FOR THE COASTAL RAIL TRAIL PROJECT.
Council adopted RESOLUTION NO. 2001-282, approving the 1995/96 - 1996/97
Vehicle Registration Fund Grant Agreement with the San Diego County Air
Pollution Control District for the Coastal Rail Trail Project.
11. AB #16,356 - EXTENSION AND AMENDMENT NO. 3 WITH PLANNING
SYSTEMS FOR PERMIT RELATED SERVICES FOR THE SOUTH CARLSBAD
VILLAGE STORM DRAIN.
Council adopted RESOLUTION NO. 2001-283, approving the Extension and
Amendment No. 3 with Planning Systems for permit-related services for the
South Carlsbad Village Storm Drain, Project No. 3528.
(Council Member Hall abstained from the vote on this item.)
12. AB #16,357 - APPROVAL OF THE 2000-2001 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
Council adopted RESOLUTION NO. 2001-284, approving the City of Carlsbad’s
2000-2001 Consolidated Annual Performance and Evaluation Report for the
Community Development Block Grant Program.
13. AB #16,358 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE I-S/CAR
COUNTRY RE-LANDSCAPE PROJECT.
Council adopted RESOLUTION NO. 2001-285, approving plans and
specifications and authorizing the City Clerk to advertise for bids for the l-5 Car
Country Re-Landscape Project, Project No. 38355.
14. AB #16.367 - AGREEMENT WITH DOKKEN ENGINEERING FOR ENGINEERING
DESIGN SERVICES FOR THE COASTAL RAIL TRAIL.
Council adopted RESOLUTION NO. 2001- 296, approving a professional
services agreement with Dokken Engineering for Engineering Design Services
for the Coastal Rail Trail, Project No. 3455, and approving a fund transfer.
15. AB #16,364 - REFUND TO MALLINCKRODT, INCORPORATED AND CARLSBAD
MITSUBISHI FOR BUSINESS LICENSE TAXES.
Council adopted RESOLUTION NO. 2001-293, authorizing a refund to
Mallinckrodt, Incorporated for $98,595.61 in overpaid business license tax, and
Adopting RESOLUTION NO. 2001-294, authorizing a refund to Carlsbad
Mitsubishi for $2,409.16 related to business license tax.
16. AB #16,365 - AMENDMENT TO 2001 LEGISLATIVE PLATFORM.
Council amended the Legislative Platform for 2001 to support legislation
opposing the creation of a county airport authority.
September 18,200 1 Carlsbad City Council Meeting Page 5
17. AB #16,366 - AUTHORIZATION TO ADVERTISE FOR BIDS FO THE REMODEL
OF HERITAGE HALL AND THE GRANARY BUILDING.
Council adopted RESOLUTION NO. 2001-295, approving contract documents,
special provisions and specifications, and authorizing the City Clerk to advertise
for bids to remodel Heritage Hall and the Granary Building to conform with
Americans with Disabilities Act Standards - Contract No. FAC02-07.
18. AB #16,369 - CORRECTION TO SALARY SCHEDULE FOR CLASSIFICATION
OF CAPTAIN SPECIALIST REPRESENTED BY THE CARLSBAD
FIREFIGHTERS’ ASSOCIATION.
Adopting RESOLUTION NO. 2001-297, approving a revised Salary Schedule for
the classification of Captain Specialist, to reinstate the pay differential between
the Fire Captain and Captain Specialist classifications.
ITEM REMOVED FROM THE CONSENT CALENDAR:
7. AB #16,329 - AUTHORIZATION TO ADVERTISE FOR BIDS TO REMODEL
CHASE FIELD RESTROOM/SNACK BAR FACILITY.
Jim Comstock, 2755 Jefferson Street, President of the Carlsbad Youth Baseball, said
that public input has been received regarding this project. He asked Council to adopt
Resolution No. 2001-279.
ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION
NO. 2001-279, approving contract documents, special provisions and
specifications and authorizing the City Clerk to advertise for bids to
remodel the restroom/snack bar facility at Chase Field - Contract No.
FAC02-06.
AYES: Lewis, Kulchin, Finnila, and Hall.
NOES: None.
ABSENT: Nygaard.
PUBLIC COMMENT
Ralph Popelar, 1008 Beacon Bay Drive, expressed concern that the safety lights at
Poinsettia Park are not operating properly at night. He also said that skateboarders
have damaged the park benches and the benches need to be replaced.
In response to Council, Ken Price, Director of Recreation, explained that staff is working
on resolving the breaker problem with the safety lights. He said that staff would
investigate the bench situation.
Joe Sciortino, 1170 Harbor View, Carlsbad, suggested that the city work with him to
challenge other cities to raise funds for the families and survivors of the September 1 lth
crises.
September 18,200l Carlsbad City Council Meeting Page 6
Mayor Lewis explained that Carlsbad’s Safety Services are in the midst of raising funds
for the families and survivors of the September 1 lth crises. Council Member Kulchin
noted that the High Noon Rotary Club is donating funds to the Long Island Rotary Club,
whose club lost members in the crises.
PUBLIC HEARINGS:
19. AB M6.360 - TO CONSIDER ACCEPTANCE AND APPROPRIATION OF AB
1913 CITIZENS OPTIONS FOR PUBLIC SAFETY (COPS) FUNDS.
Lynn Diamond, Management Analyst, presented the staff report.
Mayor Lewis opened the duly notice public hearing at 6:42 p.m. and asked if anyone
wished to speak on this matter. Seeing no one wishing to speak, the Mayor closed the
public hearing at 6:42 p.m.
ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION
NO. 2001-287, ACCEPTING AB 1913 Funding For 2001-2002 Year
Various Police Programs.
AYES: Lewis, Kulchin, Finnila, and Hall.
NOES: None.
ABSENT: Nygaard.
20. AB #16,348 - APPEAL OF AT&T WIRELESS - 7512 CADENCIA STREET CUP
00-36.
Mayor Lewis announced that each Council Member had received the report regarding
technical specifications, current cumulative maximum radiofrequency and power density
from the Cingular Wireless telecommunications facility at and around 7412 Cadencia
Street (dated September 3, 2001) per the Mayor’s request at the August 21” Council
meeting.
Council Member Kulchin said at the August 21, 2001 Council Meeting, she was under
the impression that because of the proximity of her home to the project site (7512
Cadencia Street), she was unable to vote on this agenda item. However, since that
meeting she has learned that she is not within the 600 foot radius which would prevent
her participation regarding this agenda item, and therefore, is able to participate in the
discussion and vote. In addition, she has watched the tapes of the August 21” Council
meeting, when this agenda item was discussed, and Council Member Kulchin said she
feels informed and confident in participating in the decision making process for this
agenda item.
Ron Ball, City Attorney, noted that a conservative decision was made on August 21” for
Council Member Kulchin to abstain from discussion and voting on this agenda item.
However, since Council Member Kulchin will not receive any financial benefit from the
decision before Council this evening and Council Member Kulchin had viewed the
videotapes of the discussion of this item on August 21, 2001, Mr. Ball said that Council
September 18,200 1 Carlsbad City Council Meeting Page 7
Member Kulchin feels she is eligible to participate in the discussion and vote of this
agenda item.
Ron Ball, City Attorney referred to the September 3, 2001 document from Jerrold T.
Bushberg Ph.D., DABMP, DABSNM, Health and Medical Physics Consulting, 7784 Oak
Bay Circle, Sacramento (on file in the Office of the City Clerk). Mr. Ball said that this is
the report requested by the Mayor on August 21, 2001 regarding the property located at
7412 Cadencia Street, Carlsbad.
Mayor Lewis noted that the appellant was unsuccessful in establishing a site at La
Costa Resort and at a commercial site on El Camino Real. Mayor Lewis suggested that
Council deny the appeal and direct staff to work with the appellant in identifying a
commercial site for their project.
Robert Jystad, Attorney at Law, Cole, Raywid & Braverman, 2381 Rosecrans Avenue,
Suite 110, El Segundo, legal representative for AT&T, spoke in support of their project
and said their project would not be violating the Federal Communications Commission
(FCC) standards. Mr. Jystad explained that from their perspective, there are a number
of procedural violations occurring this evening and in their aggregate, they are serious
due process violations. Mr. Jystad said that the Cingular Wireless report on 7412
Cadencia Street is not relative to the proposed project at 7512 Cadencia Street. He
said Council can not deny AT&T’s Conditional Use Permit based on non-compliance of
another firm on another site. Mr. Jystad noted that the Carlsbad Municipal Code states
that once a Council Member publicly abstains from a vote, the Council Member shall
not subsequently be allowed to withdraw the abstention. Mr. Jystad said that AT&T’s
request for a CUP should be voted upon by a full Council. Mr. Jystad expressed
concern that the city did not meet timing issues in the Conditional Use process. Mr.
Jystad said that AT&T did not waive their right to meet those timelines. Mr. Jystad said
that in order to make sure that the FCC compliance will be met, AT&T would be happy
to file a joint declaration with the FCC to determine if the other two antennas and ham
radio sites already existing on Cadencia exceed FCC guidelines. Mr. Jystad asked
Council to approve AT&T’s request for a CUP at 7512 Cadencia Street.
Council Member Finnila explained that at the August 21” Council meeting, she asked to
see the report on the facility at 7412 Cadencia Street, and that is what has been
provided to Council. Council Member Finnila said it was her understanding that the
requested report would not have any bearing on the decision regarding AT&T’s request.
The requested report was for information only.
Ron Ball, City Attorney, recommended that Council refer this issue back to staff to
prepare the appropriate documents to memorialize Council’s actions. Staff will then
prepare the written documents, which will give notice to the applicant and the neighbors
regarding Council’s actions.
Mr. Ball explained that at the August 21” Council meeting, Council did not vote on this
agenda item and Council Member Kulchin did not cast an abstaining vote. He said that
each Council Member indicated their intention, but the voting process consists of all the
September 18,200l Carlsbad City Council Meeting Page 8
information, including the report that Council requested on the property at 7412
Cadencia Street.
Mayor Lewis opened the duly notice public hearing at 6:58 p.m. and asked if anyone
wished to speak on this matter.
Debi Horen, 7512 Brava Street, expressed concern that she did not have the
opportunity to read the report regarding 7412 Cadencia Street, but noted that it was
written prior to the time that the ham radio was in operation, which she said is a
commercial use. Ms. Horen said the report regarding 7412 Cadencia Street is
inconclusive. She submitted a petition signed by residents asking that the AT&T radio
based station and antennas be located at a commercial site (on file in the Office of the
City Clerk).
Ron Ball, City Attorney, said the city received several correspondences after the August
21” Council meeting and those correspondence have been made part of the record (on
file in the Office of the City Clerk).
Seeing no one else wishing to speak, the Mayor closed the public hearing at 7:Ol p.m.
Mayor Lewis said that Council is willing to direct staff to work with AT&T in order to
identify another location for their project in a commercial area. Mayor Lewis
recommended that AT&T’s appeal be denied this evening.
Council Member Finnila said she would oppose a motion to deny the appeal. Council
Member Finnila stated that at the August 21” Council Meeting there were no points
made that were sufficient to deny this appeal.
ACTION: On a motion by Mayor Lewis, Council denied the appeal without prejudice
from AT&T Wireless regarding 7512 Cadencia Street (CUP 00-36) and
referred the matter to the City Attorney to return to Council with the
appropriate documentation to memorialize Council’s action.
AYES: Lewis, Kulchin and Hall.
NOES: Finnila.
ABSENT: Nygaard.
Mayor Lewis asked staff to return to Council with a policy on wireless communication
facilities.
21. AB #16,359 - AUTHORIZING AND DIRECTING THE CONDEMNATION OF
PROPERTY FOR PUBLIC ROAD, PUBLIC UTILITY, SLOPE AND
CONSTRUCTION EASEMENTS.
Bob Wojcik, Deputy City Engineer, presented the staff report. He noted that Tesco
Corporation has recently settled with the City and the attachments to Resolution No.
2001-286 regarding Tesco Corporation should be removed.
September 18,200 1 Carlsbad City Council Meeting Page 9
Mayor Lewis opened the duly notice public hearing at 7:13 p.m. and asked if anyone
wished to speak on this matter in any way. No one asked to be heard, so the Mayor
closed the public hearing at 7:13 p.m.
ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION
NO. 2001-286, authorizing and directing the condemnation of certain real
property interests in the City of Carlsbad, State of California, and
declaring the public necessity thereof.
AYES: Lewis, Kulchin, Finnila, and Hall.
NOES: None.
ABSENT: Nygaard.
22. AB #16,368 - APPEAL OF PIRINEOS POINTE - SDP 00-16.
Mayor Lewis announced that this public hearing would be continued to October 2, 2001.
Mayor Lewis asked if anyone wished to speak who could not return on October 2, 2001.
No one asked to be heard.
ACTION: On a motion by Council Member Kulchin, Council continued this public
hearing to October 2, 2001.
AYES: Lewis, Kulchin, Finnila, and Hall.
NOES: None.
ABSENT: Nygaard.
ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING
Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 7:lO p.m.
with President Lewis and three Board Members present and Board Member Nygaard
absent.
RECONVENE TO THE CARLSBAD CITY COUNCIL MEETING
President Lewis adjourned to the remainder of the Carlsbad City Council Meeting at
7:35 p.m. with Mayor Lewis and three Council Members present and Council Member
Nygaard absent.
RECESS
Mayor Lewis declared a recess at 7:35 p.m. Council reconvened at 7:41 p.m. with all
Council Members present, except Council Member Nygaard.
September 18,200 1 Carlsbad City Council Meeting Page 10
DEPARTMENTAL AND CITY MANAGER REPORT
23. AB #16.363 - RECEIVE THE REPORT AND RECOMMENDATIONS OF THE
CITIZEN’S COMMITTEE TO STUDY THE PROPOSED COMPREHENSIVE
SIGN ORDINANCE AMENDMENT.
Michael Holzmiller, Planning Director, and Diane Scheer, Chair of the Citizens
Committee to Study Sign Ordinance Update, presented the staff report. They also
made a Power Point Presentation (on file in the Office of the City Clerk).
Ms. Scheer explained that the Citizen Committee decided upon making
recommendations to Council for the following eight key issues:
1. Subdivision Directional (Kiosk Signs)
2. A-Frame Signs
3. Special Event Signs
4. Campaign Signs (on private property)
5. Campaign Signs in Public R.O.W.
6. Commercial Sign Allowance (amount of sign area)
7. Real Estate Signs in R.O.W.
8. Lamppost Banners in the Public R.O.W.
Ms. Scheer explained how the committee reached their recommendations as outlined in
“Report and Recommendations of the Citizens Committee to Study the Comprehensive
Sign Ordinance Amendment” (on file in the Office of the City Clerk).
Mr. Holzmiller also assisted in explaining the committee’s recommendations for
commercial signage. He explained staff% recommendations in the proposed sign
ordinance regarding pole signs and said that the Planning Commission will address
concerns with existing pole signs.
In response to Council, Randal Morrison, Special Legal Counsel, explained that the
courts would consider signs in the public right-of-way and private property as two
separate issues. He spoke of the importance of the City consistently enforcing the sign
ordinance.
In response to Council, Ms. Scheer explained that the committee supported lamppost
banners in the redevelopment area; however, the committee felt that the lamppost
banner program should not be expanded to other areas of the City.
Gary Hill, 3289 Donna Drive, said that kiosk signs, special event signs and lamppost
banner signs are needed throughout the City. He suggested that the signs could be
temporary, if advertising for an event. However, Mr. Hill said permanent “way finding
signs” are needed to direct patrons to museums and other permanent cultural sites.
Kurt Burkhart, 400 Carlsbad Village Drive, Executive Director of the Carlsbad
Convention and Visitor’s Bureau, explained that off-site signage and special event
signage are important tools for their organization. He asked Council to approve the use
September 18,200l Carlsbad City Council Meeting Page 11
of lamppost banners throughout the City. Mr. Burkhatt also spoke of the importance of
directional signage.
Shari West, Board Member of the Carlsbad Convention & Visitors Bureau, spoke of the
need for standardized directional signs showing people how to get to historic sites and
historical institutions. She asked Council to adopt the Sign Committee’s
recommendations regarding special event signs. Mrs. Huss also asked Council to
expand the banner lamppost program into the entire City.
Carolyn Grant, Executive Director, Museum of Making Music, 5790 Armada Drive, said
many of their patrons call to get directions and still have a difficult time finding Armada
Drive. She said that directional signs would help resolve this problem. In addition, Ms.
Grant spoke in support of the expansion of the lamppost banner program throughout
the entire City.
Elise Misiorowski, Director of Gemological Institute of America, 5345 Armada Drive,
spoke in support of directional signs and the lamppost banner program throughout the
entire City. She agreed that people have a difficult time finding Armada Drive.
Cathy Boyle, Executive Director of the Children+ Museum, 300 Carlsbad Village Drive,
said they perform a zip code survey of their patrons and approximately half of their
patrons are coming from more than 15 miles. She said that directional signage is
needed for all cultural institutions, including their Museum.
Ron Rouse, 7330 Alta Vista, representing the Carlsbad Chamber of Commerce, said
the Carlsbad Business Environment Committee has been following sign ordinance
issues. At their September 6’h meeting, a presentation was made to them on the scope
of the recommendations from the Citizens Committee. Mr. Rouse said the Business
Environment Committee supports the recommendations of the Citizens Committee.
In response to Council, Mr. Rouse said that the realtors expressed their concerns to the
Sign Ordinance Citizens Committee.
In reply to Council Member Kulchin, Mr. Holzmiller discussed pole signs and explained
the definition of the public right-of-way. Ms. Scheer noted that the Citizens Committee
did not have sufficient time to discuss pole signs.
Mr. Morrison discussed issues regarding the kiosk sign program. He spoke of the
importance of having an adopted policy with an objective standard to identify which
types of organizations would be eligible to participate. Ron Ball, City Attorney, noted
that the Citizens Committee’s recommendation is presented as a real estate
development kiosk sign program.
Mr. Morrison replied to Mayor Lewis and said that staff is focused on prohibiting
billboards in the City of Carlsbad.
Council Member Kulchin asked if signs for historical locations and institutions and
cultural locations would be possible.
September 18,200l Carlsbad City Council Meeting Page 12
Mr. Morrison explained that the courts encourage sign ordinances to have narrow,
objective standards. If Council desires to have directional signs to museums, the sign
ordinance will need to contain a clear definition of a museum.
Mr. Holzmiller said that staff would discuss signs for cultural institutions later,
In response to Council Member Finnila, Chris DeCerbo, Principal Planner, explained
that court cases indicate that there is a legal risk for placing a time period on the
posting of campaign signs. Therefore, the proposed sign ordinance changes the length
of time for posting campaign signs from 30 to 45 days. Mr. Morrison said that time
period limits for political campaign signs is a much litigated issue. He explained the
courts’ interpretation and why staffs recommendation is advisable.
Council Member Hall said he would like to see pole signs handled per the status quo or
at least existing pole signs grandfathered into the proposed sign ordinance. He said he
supported the change in copy on a pole sign, upon a change in ownership. Council
Member Hall also said he could not support limiting the size of an American flag under
the sign ordinance. Council Member Hall spoke in support of expanding the kiosk
program.
Mr. Holzmiller explained that if Council agrees with the Citizens Committee
recommendations, staff would forward the recommendations to the Planning
Commission who would discuss the details. He noted that the entire sign ordinance is
still in the public hearing process. After the Planning Commission discusses the details,
the draft sign ordinance will return to Council.
Council discussion ensued regarding Kiosk Signs. Council Member Finnila said she
could support the Citizens Committee recommendation on kiosk signs, but said that an
ending date is needed, which could be determined by the Planning Commission.
Council Member Hall said he also supported the Citizens Committee recommendation
on kiosk signs, but said an ending date is not necessary. He spoke in support of
expanding the kiosk sign program.
In response to Council, Mr. Holzmiller explained that if the kiosk sign program remains
directed only at residential subdivisions, then there would be a point in time when there
will not be any more new subdivisions. If Council wishes to have the Planning
Commission and staff look at expanding the kiosk sign program, then Council may not
want to have an ending date. Mr. Holzmiller noted that staff is discussing having a
general provision in the sign ordinance stating that any signs in the public right-of-way
would be addressed per Council policy.
Council then referred to Page 3 of the Report and Recommendations of the Citizens
Committee To Study the Comprehensive Sign Ordinance Amendment and commented
on each recommendation.
September 18, 200 1 Carlsbad City Council Meeting Page 13
A-FRAMES: Sidewalk or Free Standinq Siqns in the Public Riqht-of-Wav
Council Member Hall said he supported the Committee’s recommendation. Council
Member Hall said that the A-Frame Signs, in the public right-of-way, in the Village
should have no time restrictions.
Council Member Finnila said she could not support A-Frame Signs in the public right-of-
way anywhere in the City.
Council Member Kulchin said she supports A-Frame Signs in the public right-of-way in
the Village. Mayor Lewis concurred.
SPECIAL EVENTS SIGNS: Off-site and on-site siqnaqe, includinq locations in the
public right-of-wav
Council Members Finnila, Hall and Kulchin said they concurred with the Committee’s
recommendation.
POLITICAL CAMPAIGN SIGNS: On Private Propertv
Council Members Finnila, Hall and Kulchin said they concurred with the Committee’s
recommendation.
POLITICAL CAMPAIGN SIGNS: In Public Riqht-of-Way
Council Members Finnila, Hall and Kulchin said they concurred with the Committee’s
recommendation.
AMOUNT OF SIGN AREA FOR COMMERCIAL SITES: Proposed 1 sq. ft. per linear
foot of frontaqe per project.
Council Member Kulchin and Council Member Finnila said they support the
Committee’s recommendation. Council Member Hall said he needs additional
information before he could support the Committee’s recommendation,
REAL ESTATE SIGNS IN PUBLIC RIGHT-OF-WAY
Mayor Lewis, Council Member Kulchin and Council Member Finnila said they supported
the Committee’s recommendation. Council Member Hall said at this time, he is neutral,
but said he looked forward to hearing from real estate professionals on this issue.
LAMPPOST BANNERS IN PUBLIC RIGHT-OF-WAY: For holidav messaqes,
museum messaqes, provision of special art projects (non-commercial
messages), etc.
Council Member Kulchin and Council Member Hall spoke in support of standardizing
directional signs.
September 18,200 1 Carlsbad City Council Meeting Page 14
Council Member Finnila said she supports the Committee’s Motion 1 (Recommend that
lamppost banners (installed by the City) in the public right-of-way be limited to non-
commercial messages and allowed in the Village Redevelopment Area.
Redevelopment staff should review the current program to consider expanding the
types of non-commercial messages placed on banners. The Committee also
recommends that language be added to the sign ordinance to minimize any legal risks
to the City associated with allowing these signs). However, Council Member Finnila
said she did not support the Committee’s Motion 2 (recommend that the City Council
and staff consider possible expansion of the City areas in which lamppost banners
(installed by the City) are allowed).
Ray Patchett, City Manager, recommended that Council refer the issue of the
expansion of the Lamppost Banner Program to staff. Council concurred.
Mr. Holzmiller said that Mr. Morrison would work with staff to develop a section of the
sign ordinance to address the signage needs of cultural institutions.
Mr. Patchett said that staff would forward Council’s comments this evening to the
Planning Commission. Staff will return to Council in the future with the draft sign
ordinance.
Mayor Lewis asked the City Attorney to review the draft sign ordinance prior to staff
presenting the draft sign ordinance to Council for approval.
24. AB #16,354 - PLANNING COMMISSION APPOINTMENTS.
Mayor Lewis noted that three appointments to the Planning Commission are needed.
The Mayor suggested appointing Bill Dominguez, to serve an unexpired term, which will
expire in April 2002.
Council Member Finnila nominated Bill Schilling.
Council discussion ensued regarding other possible appointments. Council Member
Hall noted that Council Member Nygaard has a suggestion she would like to submit.
Council concurred to continue the appointment of two Planning Commissioners until a
full Council is present.
ACTION: On a motion Mayor Lewis, Council adopted RESOLUTION NO. 2001-272,
appointing Bill Dominguez to the Carlsbad Planning Commission.
AYES: Lewis, Kulchin, Finnila, and Hall.
NOES: None.
ABSENT: Nygaard.
COUNCIL REPORTS AND COMMENTS
Council Member Finnila encouraged travelers using Palomar Airport to have someone
bring them to the airport, as parking is very limited due to increased security.
September 18, 200 1 Carlsbad City Council Meeting Page 15
CITY MANAGER COMMENTS - None
CITY ATTORNEY COMMENTS - None
ADJOURNMENT
Mayor Lewis adjourned the meeting in honor of Gerald Hardacre and Tim Ward, who
perished in the September 11, 2001 Attack on America.
By proper motion, the Regular Meeting of September 18, 2001 was adjourned at 9:23
p.m.
Janice B’reitenfeld
Deputy City Clerk