HomeMy WebLinkAbout1993-12-14; City Council; Minutes0 0
MINUTES
MEETING OF: CrrY COUNCIL (Regular Meeting)
DATE OF ME€llNG: December 14,1993
TIME OF MEmNG: 6:M) p.m. PLACE OF MEETING: Ci Council Chambers
CAI" TO ORDER: Mayor Lewis called the Meeting to order at 6:ll p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis.
Absent: None.
APPROVAL OF MINUTES:
None.
CONSENT CALENDAR:
Council Member Finnila requested Item #5 be removed from the Consent Calendar.
ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the
action of the Consent Calendar, Items 1 through 9, with the
exception of Item #5, as follows:
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
97 1. AB #12,496 - APPROVAL OF CHANGE ORDER NO. 18 FOR PALOMAR AIRPORT ROAD AND EL CAMINO REAL WIDENING - CONTRACT NO. 31 66.
Council adopted RESOLUTION NO. 93-327, approving Change Order No. 18 in the amount of
$79,369 for the Palomar Airport Road and El Camino Real Widening Improvements.
55 2. AB #12,'497 - APPLICATION FOR HOUSEHOLD HAZARDOUS WASTE NON-DISCRETIONARY GRANT.
Council adopted RESOLUTION NO. 93-328, authorizing submittal of the Non-Discretionary
Household Hazardous Waste Grant application and authorizing the Utilities & Maintenance
Director to execute any subsequent agreements, contracts and requests for payments.
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December 14, 1993 Page 2
CONSENT CALENDAR: (Continued)
78 3. AB #12,498 - APPROPRIATION FROM POLICE ASSET FORFEITURE FUND IN SUPPORT OF CRIME STOPPERS.
Council adopted RESOLUTlON NO. 93-329, appropriating funds in the amount of $5,000 from the
Police Asset Forfeiture Fund to support Crime Stoppers, Inc.
36 4. AB #12,499 - LOCAL APPOINTMENTS LIST.
Council acknowledged receipt of the Local Appointments List and authorized the City Clerk to
advertise the list and to provide a copy to the Carlsbad City Library.
84 5. AB #12,500 - AWARD OF CONTRACT FOR PURCHASE OF FIREFIGHTER’S PROTECTIVE CLOTHING.
This item was removed from the Consent Calendar.
105 6. AB #12,501 - AUTHORIZATION TO DEVELOP AND OPERATE RENTAL HOUSING DATABASE.
Council adopted RESOLUTION NO. 93-331, approving the concept plan for a RENTALS electronic
database, authorizing staff to develop said database, and upon its completion, directing staff to
maintain and operate it as a permanent ongoing housing information source.
50 7. AB #12,502 - APPROVAL OF AGREEMENT FOR ACCOUNTS RECEIVABLE COLLECTION 45 SERVICES.
Council adopted RESOLUTION NO. 93-332, approving an agreement with Collectech Systems,
Inc., for accounts receivable collection services and appropriating funds in the amount of $6,000.
24 8. AB #12,503 - APPROVAL OF SUPPLEMENTAL AGREEMENT FOR COMPLETION OF PHASE 111 45 OF THE HABITAT MANAGEMENT PIAN.
Council authorized the City Managerto execute the second supplement to the existing agreement
with Consultants Collaborative, Inc., to provide for the completion of Phase 111 of the Habitat
Management Plan and to increase the amount of the contract by $35,000.
53 9. AB #12,504 - SELECTION OF PUBLIC HEARING DATE REGARDING FRANCHISE EXTENSION FOR DANIELS CABLEVISION.
Council directed staff to set a public hearing on January 18, 1994, to consider two proposed five-
year extensions to the franchise for Daniels Cablevision.
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ITEM REMOVED FROM THE CONSENT CALENDAR:
84 5. AB #12,500 - AWARD OF CONTRACT FOR PURCHASE OF FIREFIGHTER’S PROTECTIVE
CLOTHING.
ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 93.
January 1, 1994, through December 31, 1994, with the option to renew each
contract for three additional one-year periods.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
- 330, approving the purchase of firefighter’s protective clothing for the period
ORDINANCE FOR ADOPTION:
113 10. AB #12,511 - ZONE 20 SPECIFIC PIAN - SP-203.
77
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS-
of land located south of Palomar Airport Road, west and north of the Aviara
Master Plan area and east of Paseo Del Norte.
- 257, adopting the Zone 20 Specific Plan as amended on approximately 650 acres
Y.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
PUBUC HEARINGS:
43 11, AB #12,504 - APPEAL OF PLANNING COMMISSION DECISION APPROVING U. S. WEST CELLULAR - CUP 93-3.
The City Attorney stated that the applicant objected to the Mayor participating as a voting
Member, since he filed the appeal. As a result, Mayor Lewis left the dais to participate as a
private citizen.
Mayor Pro Tern Stanton assumed the Chair and opened the duly noticed Public Hearing at 6:23
p.m., and issued the invitation to speak.
Mayor Bud Lewis, 2030 Basswood, Appellant, cited the history of the site and its development as
a ballfield. He stated that the area is important to the Barrio children and is not an appropriate
location for the cellular antenna facility.
Ofelia Escobedo, 3292 Roosevelt, President of the Carlsbad Barrio Association, spoke in
opposition to this proposed installation. Ms. Escobedo stated that 99 percent of the residents
who attended the workshops opposed this installation at Chase Field. This is a commercial
antenna that would be placed on park land, and she urged Council to uphold the appeal.
Bob Ladwig, 2642 Ocean Street, suggested that an EIR might be required for a project of this
type. He said there is no City policy with regard to communication installations, and Mr. Ladwig
requested the application be withdrawn or denied without prejudice to allow time for the City to
prepare a communications tower policy.
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PUBUC HEARINGS: (Continued)
Mario Monroy, 3610 Carlsbad Boulevard, concurred with Mr. Ladwig’s statement that the City
should formulate a policy with regard to communications towers. He recommended that the City
not enter into an agreement for a set amount of money for 25 years. Mr. Monroy said a
consultant should be hired to determine how all requests for such towers should be handled,
where they should be placed, and appropriate charges.
Kathleen Apodaca-Marquez, 3429 Jefferson Street, representing Carlsbad Youth Services, stated
she lives across the street from Chase Field and presented a petition signed by over 200
residents in the Barrio opposing the antenna.
Kathie Delgado, 370 Redwood Avenue, Member of the Carlsbad Barrio Association, stated she
did not want any friction between the Youth Baseball Association and the Barrio Association
because of this proposed installation. The property owners in the area are opposed to this facility
being placed where they have to look at it, and she requested that the CUP be denied.
Fern Cramer, 775-B Palm avenue, stated she overlooks Chase Field and opposes the placing of
the antenna in Chase Field and the second story on the snack bar. She expressed concern
about hazardous materials being stored there and said there are other suitable places to put this
installation and it should not be allowed in a public park.
Bill Gardner, 3450 Woodland Way, requested that the permit be denied for the antenna to be built
at Chase Field. He said this is visual pollution and should not be allowed in a residential area.
Gil Apodaca, 3345 Madison Street, Barrio Association, spoke in opposition to the proposed
antenna.
Ruen Gestella, 1975 Magnolia, Real Estate Appraiser, opposed the appeal.
Larry Doherty, Regional Real Estate Manager, U. S West Cellular, stated they have reached their
capacity in this area and although five or six areas were assessed, the Chase Field site was the
optimum location. Mr. Doherty said they plan to use the existing snack bar building by adding
a second story. They would remove two poles 50 feet in height, and replace them with one pole
60 feet in height. He requested approval of the CUP.
Robert Caputo, 2634 Valewood Avenue, Vice President of the Carlsbad Youth Baseball, spoke in
favor of the proposed installation, stating that the Board decided in favor of the antenna because
of the improvements to the other facilities in Chase Field. This installation would not affect
property values in the area and does not affect the activities at Chase Field, except to benefit
them, since it is a ballfield, not a community park.
Bob Belitz, 2708 Avalon Avenue, stated this is the best site for the proposed antenna, and U. S.
West Cellular would be beautifying the park.
Dan Misella, Engineer for U. S. West Cellular, stated it is important to have strong communication
coverage in this area and cellular telephones, and their facilities, do not have any hazardous
effects. He asked for approval of the CUP.
Mayor Lewis spoke in rebuttal, reiterating the historical value of the area. This is a rfesidential
area and the residents are opposed to the antenna.
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PUBUC HEARINGS: (Continued)
Since no one else wished to speak on this matter, Mayor Pro Tem Stanton closed the Public
Hearing at 7:48 p.m.
ACTION: On motion by Council Member Kulchin, Council directed the City Attorney to
prepare documents granting the appeal and denying the Conditional Use Permit
for construction of a cellular telecommunication facility and storage room on
property generally located at Chase Field, without prejudice.
AYES: Stanton, Kulchin and Nygaard
NOES Finnila
ABSTAIN: Lewis
RECESS:
Mayor Pro Tem Stanton declared a Recess at 8:lO p.m. Mayor Lewis returned to the dais and Council
re-convened at 8:19 p.m., with all Members present.
PUBUC HEARINGS (Continued)
77 12. AB #12,505 - REVISIONS TO FINANCING PLAN FOR ZONE 11 AND 12 - LFMP 87-1 1 (A)LFMP 87- 120.
Mayor Lewis opened the duly noticed Public Hearing at 8:23 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 93-
333, approving an amendment to the financing plan for Local Facilities
Management Zones 11 and 12.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
105 13. A6 #12,506 - APPROVAL OF CITY’S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
jCHASl ANNUAL PERFORMANCE REPORT.
Mayor Lewis opened the duly noticed Public Hearing at 8:28 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93- - 334, approving the submittal of the Comprehensive Housing Affordability Strategy
Annual Performance Report for Fiscal Year 1993 to the U. S. Department of
Housing and Urban Development.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
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PUBLIC HEARINGS: (Continued)
105 14. AB #12,507 - APPROVAL OF CITY'S 1.993-98 COMPREHENSIVE HOUSING AFFORDABILITY
STRATEGY (CHAS).
Mayor Lewis opened the duly noticed Public Hearing at 8:37 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 335, approving the submittal of the 1993-1998 Comprehensive Housing
Affordability Strategy for the City's Community Development Block Grant Program
to the U. S. Department of Housing and Urban Development.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 8:38 p.m., and re-convened at 8:44
p.m., with all Members present.
PUBLIC COMMENT:
William Jubb, 3993 Highland, expressed concern about crime in Carlsbad and showed photographs of
his home and his neighbors with graffiti on the walls. He said the City should focus on what is happening
now and why.
DEPARTMENTAL AND CrrY MANAGER REPORTS:
57 15. AB #12,507 - REQUEST FROM BARRIO CARLSBAD ASSOCIATION.
Council received a report from Ofelia Escobedo and Bob Ladwig, representing the Barrio Carlsbad
Association regarding possible proposed plans for the Barrio.
84 16. AB #12,510 - COMPUTER AIDED DISPATCH SYSTEM AND NETWORK UPGRADE.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 336, approving the upgrade of the Safety Center's computer aided dispatch and computer network, and approving an agreement with PRC for the upgrade.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
72 17. AB #12,508 - ESTABLISHMENT OF TWO-HOUR PARKING ZONE ON BOTH SIDES OF OAK AVENUE FROM THE RAILROAD PARKING LOT TO ROOSEVELT STREET.
ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- - 265, amending Title IO, Chapter 10.40 of the Carlsbad Municipal Code by the
addition of Section 10.40.082 to designate a two-hour parking zone on each side
of Oak Avenue from the railroad parking lot easterly to Roosevelt Street between
the hours of 7:OO a.m. and 6:OO p.m, except for Sunday and Holidays.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
4 1 18. AB #12.512 -APPROVAL OF SElTLEMENT AGREEMENT AND CONSENT JUDGMENT - CITY OF
45 CARLSBAD V. ANDREA BLUM, CASE NO. 93-430S(M1.
Jerri Wolder, 5460 Carlsbad Boulevard, spoke in favor of accepting the agreement.
Jane Stimmel, 772 Ann’s Way, Via, representing the Harbor Fish Restaurant, thanked the
Council for their work in arriving at a settlement in this matter.
Jim Watson, 3283 Lincoln Street, encouraged approval of the settlement and thanked everyone
involved for a practical solution to an unfortunate situation. He requested that the Ci consider
auctioning off the bars to raise money for needy organizations.
ACTION: On motion by Mayor Pro Tem Stanton, Council approved the Settlement
Agreement and directed the City Attorney to execute the Consent Judgment to
settle the case of City of Carlsbad v. Andrea Blum.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
The City Attorney explained the need for the Housing and Redevelopment Commission to act on
the Agreement.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 9:31 p.m., and re-convened at 9:s
p.m., with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
18. (Continued action on this Item)
ACTION: On motion by Council Member Finnila, Council requested that the Arts
Commission to investigate the possibility of auctioning off the individual bars to
be removed from the north end of the Split Pavilion, and to consider uses for the
funds, including possibly donating same to a non-profii organization.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
28 19. AB #12,509 - SENIOR COMMISSION APPOINTMENT.
ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-337,
appointing Mildred West to the Senior Commission.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
COUNCIL REPORTS:
Council Members reported on the meetings and activities of the various committees and sub-committees
of which they are Members.
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ANNOUNCEMENTS:
Mayor Lewis announced that in compliance with the Brown Act, all Council Members have been invited
to the following events:
The North County Mayors and Managers Luncheon to be held on Thursday, December 16,1993, at The
Inn in Rancho Santa Fe; and
The Parks and Recreation Department Holiday Dinner, to be held Monday, December 20,1993,6:00 p.m.,
at the Senior Center.
ADJOURNMENT:
By proper motion, the Regular Meeting of December 14, 1993, was adjourned at 9:49 p.m.
Respectfully submitted, 6btkdAJ- ALETHA L RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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