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Home My WebLink About2000-09-26; City Council; Minutes (2)h MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 26,200O TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:00 p.m. ROLL CALL: The following Council Members were present: Present: Absent: Lewis, Hall, Finnila, Kulchin and Nygaard. None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Hall minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held September 12, 2000. Minutes of the Regular Meeting held September 12, 2000. Minutes of the Joint Special Meeting held September 12, 2000. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming event: Thursday, September 28, 2000, 6:00 p.m., City of Carlsbad Boards and Commissions Appreciation Event, Four Seasons Resort Aviara, 7100 Four Seasons Point, Carlsbad. PRESENTATIONS: Robin Bettin, Recreation Supervisor II, introduced Michele Alspaw, Dance Program Instructor, and described the Dance Program. Mayor Lewis read a proclamation declaring September 2000, “Prostate Cancer Awareness Month”. September 26,200O n T Carlsbad City Council Page 2 CONSENT CALENDAR 93 45 70 45 105 85 39 70 Items #4, 5, 6, 8, 9, IO and 11 were removed from the Consent Calendar. ACTION: On a motion by Mayor Pro Tern Hall, Council affirmed the action of the Consent Calendar, Items #I through 11, with the exception of Items #4, 5, 6, 8, 9, IO and 11 as follows: AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin. NOES: None. 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. AB #I5901 - EXTENSION AND AMENDMENT NO. 1 TO AGREEMENT WITH PLANNING SYSTEMS TO PROVIDE PLANNING AND PERMITTING SERVICES FOR THE SOUTH CARLSBAD VILLAGE STORM DRAIN - PROJECT NO. 3528. Council adopted Resolution No. 2000-291, approving an extension and Amendment No. 1 with Planning Systems to provide planning and permitting services for the South Carlsbad Village Storm Drain. 2. AB #15,902 -AWARD OF BID TO FURNISH AND INSTALL A NEW ROOF AT STAGECOACH AND CALAVERA COMMUNITY CENTERS - CONTRACT NO. FAC 01-01. Council adopted Resolution No. 2000-292, accepting the bid proposal of Nelson Roofing to furnish and install a new roof at Stagecoach and Calavera Community Centers. 3. AB #15,903 - CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - FISCAL YEAR 1999- 2000 Council adopted Resolution No. 2000-293, authorizing the submittal of the 1999-2000 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program to the U. S. Department of Housing and Urban Development. 4. AB #I 5,904 - VISTA WINTER REGIONAL EMERGENCY SHELTER. This Item was removed from the Consent Calendar 5. AB #15,905 - REPORT ON CITY INVESTMENTS. This Item was removed from the Consent Calendar 6. AB #15,906 - MANAGEMENT ACTIVITIES PERFORMED BY THE ENVIRONMENTAL TRUST AT THE CALAVERA NATURE PRESERVE. This Item was removed from the Consent Calendar . . . . . . September 26,200O n rq. Carlsbad City Council Page 3 44 45 7. AB #I 5,907 - AWARD OF CONTRACT TO ASSIST STAFF IN UPDATING AND REVISING THE EMERGENCY MANAGEMENT PROGRAM. Council adopted Resolution No. 2000-296, awarding a contract to Emergency Planning Consultants to assist staff in updating and revising the Emergency Management Program. 113 45 8. AB #15,908 - REQUEST TO AMEND THE REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR THE RANCH0 CARRILLO AFFORDABLE APARTMENT PROJECT-SDP 97-15. This Item was removed from the Consent Calendar 44 45 9. 10 AB #15,909 -APPROVAL OF AN AGREEMENT FOR TRAFFIC ENGINEERING SERVICES FOR VARIOUS ENGINEERING PROJECTS. This Item was removed from the Consent Calendar 32 AB #15,910 -APPOINTMENT OF VOLUNTEER CITIZEN REPRESENTATIVE TO PARTICIPATE IN A VALUE ANALYSIS STUDY FOR CALTRANS DISTRICT 11. This Item was removed from the Consent Calendar 35 45 11. AB #I 5,911 - RETENTION OF SPECIAL COUNSEL. This Item was removed from the Consent Calendar DISCUSSION OF CONSENT CALENDAR ITEMS 4. AB #I 5,904 - VISTA WINTER REGIONAL EMERGENCY SHELTER. 85 Doug Chattier, 2697 Wilson Street, spoke in support of this item. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2000- 294 approving an appropriation of $12,800 from the Housing Trust Fund for financial assistance to support a regional shelter for families in the City of Vista and authorizing the City Manager to forward the appropriation to North County Solutions for Change. AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin. NOES: None. 39 5. AB #I 5,905 - REPORT ON CITY INVESTMENTS. Michele Levy, 3021 Highland, asked several questions regarding the City’s investments. She also suggested that a children’s garden be planted on the lot near her home instead of another building. Mayor Lewis invited Ms. Levy to the next budget sessions and said that the City Treasurer was present and available to answer her questions. Julio Ramirez, 1298 Buena Vista Way, presented a brief report on the Fiesta Barrio 2000 held on September 17, 2000. He expressed appreciation to staff and Council for their support. .,. . . . h .? September 26,200O Carlsbad City Council Page 4 ACTION: AYES: NOES: On a motion by Mayor Pro Tern Hall, Council accepted and filed the Report on City Investments as of August 31, 2000. Lewis, Hall, Finnila, Nygaard, and Kulchin. None. 70 6. AB #15,906 - MANAGEMENT ACTIVITIES PERFORMED BY THE ENVIRONMENTAL TRUST AT THE CALAVERA NATURE PRESERVE. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2000- 295 appropriating funds from the Calavera Heights Mitigation Preserve Fund for Management Activities. AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin. NOES: None. 113 8. AB #15,908 - REQUEST TO AMEND THE REGULATORY AGREEMENT AND 45 DECLARATION OF RESTRICTIVE COVENANTS FOR THE RANCH0 CARRILLO AFFORDABLE APARTMENT PROJECT - SDP 97-15. Michele Levy, 3021 Highland, asked for clarification on this item. Craig Ruiz, Management Analyst (Housing), reviewed the staff report. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2000- 297 approving a request to amend the regulatory agreement and declaration of restrictive covenants for the Ranch0 Carrillo affordable apartment project. AYES: NOES: Lewis, Hall, Finnila, Nygaard, and Kulchin. None. 44 9. AB #I 5,909 - APPROVAL OF AN AGREEMENT FOR TRAFFIC ENGINEERING 45 SERVICES FOR VARIOUS ENGINEERING PROJECTS. Doug Chattier, 2697 Wilson Street, asked for clarification on this item. Lloyd Hubbs, Director of Public Works, presented the staff report. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTUION NO. 2000- mapproving an agreement between the City of Carlsbad and Susan O’Rourke for as-needed professional traffic engineering services. AYES: NOES: Lewis, Hall, Finnila, Nygaard, and Kulchin. None. . . . . . . - - September 26,200O Carlsbad City Council Page 5 lo. AB #15,910 -APPOINTMENT OF VOLUNTEER CITIZEN REPRESENTATIVE TO PARTICIPATE IN A VALUE ANALYSIS STUDY FOR CALTRANS DISTRICT 11. 32 Mayor Lewis requested each Council Member to submit to him the name of citizen-at-large. Mayor Lewis said that on October 3, 2000, he would be prepared to recommend an appointment. 35 11. AB #15,911 - RETENTION OF SPECIAL COUNSEL. 45 Michele Levy, 3021 Highland, expressed concern for the cost of special counsel. Ron Ball, City Attorney, explained the occasional need for special counsel. He said that the special counsel would not be on a retainer. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 2000- 299 authorizing the retention of additional special counsel. AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin. NOES: None. PUBLIC COMMENT Larry Stapleton, 920 Rosemary Avenue, asked questions regarding infrastructure funding, budget priorities and accessibility to the Council agenda each week. Bob Wojcik, Deputy City Engineer, explained funding for infrastructure projects. He presented a brief history of College Avenue and future improvement plans, including Melrose Drive. Ray Patchett, City Manager, noted that the agenda is available at both libraries and on the City’s web page for the public’s convenience. He also outlined the future plans for accessibility of staff reports. Doug Chattier, 2697 Wilson Street, asked questions about the golf course. Mayor Lewis explained that these answers will be addressed after the election and that the Coastal Commission has asked for a review of the golf course issue. Michele Levy, 3021 Highland, expressed concern that her neighbor has a three story house and two houses on a one house property; that people other than library patrons are parking in spaces designed for library patrons; and, that there seems to be no room for the 6,000 video tapes that the Cole Library will be purchasing. Connie Trejo, 3383 Adams, and Ofelia Escobedo, 1611 James Drive, expressed appreciation to Council and staff for their support of the Fiesta de Barrio held on September 17, 2000. D.,, ..o September 26, 2000 n - Carlsbad City Council Page 6 PUBLIC HEARINGS: 67 12. AB #15,915 - CARLSBAD MUNICIPAL CODE AMENDMENT TO REFLECT REVISIONS TO SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND ORDINANCE ADOPTION. Ron Ball, City Attorney, presented the staff report Mayor Lewis opened the public hearing at 7:02 p.m. and asked if anyone wished to speak on the matter in any way. No one asked to be heard; therefore, he closed the public hearing at 7:03 p.m. ACTION: On a motion by Mayor Pro Tern Hall, Council adopted ORDINANCE NO. NS-558 amending, in its entirety, Chapter 6.02 of the Carlsbad Municipal Code to reflect revisions to the San Diego County Code of Regulatory Ordinances. AYES: NOES: Lewis, Hall, Finnila, Nygaard, and Kulchin. None. 43 13. AB #15,912 -APPEAL OF GTE WIRELESS LA COSTA - CUP 00-13. Ron Ball, City Attorney, presented a brief history of the appeal, noting that correspondence had been received from Lettieri-McIntyre and Associates, Inc., dated September 22, 2000 requesting a continuance. Mr. Ball suggested that Council entertain discussion for the basis of the continuance, which can be granted at Council’s discretion. Mr. Ball said that Council may choose to continue this public hearing to a date certain, without renoticing; continue to an indefinite date; or, refuse the continuance. Council concurred to entertain discussion for the basis of the continuance. Deborah Collins, AICP, Senior Project Manager, Lettieri-McIntyre and Associates, Inc. 1551 Fourth Avenue, Suite 430, San Diego, reviewed her correspondence to Council dated September 22, 2000 requesting a continuance for six to eight weeks to allow the additional required to work with both SDG&E and AT&T to explore opportunities to further minimize the effect of the equipment building on the community. John Hopp, 3327 Fosca Street, representing the neighbors, explained that the neighbors are not interested in discussing design changes. The neighbors feel that this project does not belong in an established, residential neighborhood. Council Member Kulchin and Council Member Nygaard said they were not in favor of continuing this agenda item. Council Member Finnila spoke of the importance of continued negotiations between GTE and the neighbors, but said she was ready to consider the item at this meeting. Mayor Lewis and Mayor Pro Tern Hall said they were not in favor of continuing this agenda item. . . . . . . - - September 26, 2000 Carlsbad City Council Page 7 Mr. Ball explained that the appellant has the burden of proof to show why the Planning Commission decision was incorrect. He noted that the twelve grounds for the appeal are listed on Pages 84 and 85 of the Agenda Bill. Barbara Kennedy, Associate Planner, presented the staff report. In response to Council, Mr. Ball explained this project is conditioned to comply with FCC rules. Mayor Lewis opened the duly noticed public hearing at 7:30 p.m. and asked if anyone wished to speak on this matter. Cathy LeClair, 7328 Las Brisas Court, expressed opposition to this project. Phil Cancellier, 3323 Fosca Street, also expressed opposition to the project and submitted, “The Future is Here, and /f’s Ug/y”from the New York Times, dated September 7, 2000 (on file in the City Clerk’s Office). Mike Welch, 3327 Fosca Street, submitted a petition signed by neighbors who oppose the project at this proposed site. He stated the proposed site is IO feet away from his property. John Hopp, 3329 Fosca Street, expressed opposition to the project and concern for the proliferation of other antennas in their neighborhood. Ivan Jellinek, 3312 Cabo Court, expressed concern for noise pollution and voiced opposition to this project. Trudy Richards, CaldwelVBanker Realty; Pat Gravitt, 7410 Esfera Street; Jim Morgan, 3331 Fosca Street; Don Brill, 3333 Fosca Street; and, Monica Jellinek, 3312 Cabo Street expressed opposition to this project at this site. Deborah Collins, AICP, Senior Project Manager, Lettieri-McIntyre and Associates, Inc. 1551 Fourth Avenue, Suite 430, San Diego, explained that there are no other viable commercial or industrial sites for this project. She said the facility is consistent with the established easement for public utility services. Ms. Collins spoke in support of the project and explained how they have mitigated the neighbors’ concerns. Peggy O’Laughlin, 1740 Technology Drive, Suite 250, San Jose, spoke in support of the project. She noted that GTE is a public utility and refuted each complaint by the applicant. Ms. Collins said that their noise consultant is present to answer questions. She asked Council to uphold the Planning Commission’s decision or continue this public hearing to allow modification of the design. In response to Council, she answered questions regarding the design elements. Landis Schmehr, General Dynamics, construction consultant for GTE Wireless, said they do not have a daily operating schedule for the air conditioners. However, he said it has been his experience that they do not run all day long. He noted that there would not be an exhaust fan. Mr. Schmehr described GTE’s air conditioning specifications. .-, . . . September 26,200O . Carlsbad City Council Page 8 RECESS Mayor Lewis declared a recess at 8:46 p.m. Council reconvened at 8:52 p.m. with Mayor Lewis and all four Council Members present. CONTINUATION OF PUBLIC HEARING Doug Char-tier, 2697 Wilson Street, said this is an inappropriate location for this project. Frank Nolan, 7331 Las Brisas Court, expressed opposition to this project and asked Council to approve the appeal. Jay LeClair, 7328 Las Brisas Court, expressed opposition to this project and said it will proliferate blight into their neighborhood. Larry Stapleton, 920 Rosemary, expressed opposition to this project and asked Council to approve the appeal. Reza Koabla, (no address given), expressed opposition to this project. John Waterstradt, 7312 Muslo Lane, said a residential neighborhood is an inappropriate site for this project. Jim Hicks, a resident of Carlsbad, said this is an inappropriate site and alternative locations should be considered. Diane DeFreitas, P.O. Box 260170, Encinitas, expressed opposition to the project at this site and said GTE’s proposal is not the least intrusive alternative. She said there is adequate coverage in the area for people to use cell phones. Vanessa Williams, 315 South Coast Highway, Encinitas, said she is a commercial and residential realtor and has a client who would like to install a cell site in an existing neighborhood in a nearby community. John Siminick, a Carlsbad resident, expressed opposition to the project at this site and said alternative sites should be considered. Deborah Collins, AICP, Senior Project Manager, Lettieri-McIntyre and Associates, Inc. 1551 Fourth Avenue, Suite 430, San Diego, said that they have addressed all concerns expressed this evening. She spoke in support of the project and requested a continuance. John Hopp, 3327 Fosca Street, said this is an inappropriate site for the project. All persons having been heard who wished to be heard, the Mayor closed the public hearing at 9:19 p.m. ._. --. September 26,200O - - Carlsbad City Council Page 9 In response to Council Member Finnila, Ron Ball, City Attorney, briefly described the El Cajon lawsuit regarding cell sites. He noted that it is not a precedent setting case because each land use decision needs to be made on its own merits. Mayor Lewis asked if Council could consider a moratorium on cell sites and Mr. Ball said a future agenda item would be required. Council Member Hall, Council Member Kulchin and Council Member Nygaard concurred that a neighborhood is an inappropriate location for a cell site. Council Member Nygaard said that a cell site master plan is needed for Carlsbad. Council Member Finnila agreed that a cell site policy is needed and spoke in support of a continuance. Mayor Lewis concurred that a policy is needed and suggested a Council workshop be held after the election. ACTION: On a motion by Mayor Pro Tern Hall, Council approved the appeal, without prejudice, (reversing the Planning Commission’s decision) and directed the appeal fee to be refunded. AYES: Lewis, Hall, Finnila, Nygaard, and Kulchin. NOES: None. Ron Ball, City Attorney, said he would return at a future Council meeting with the appropriate documents to memorialize Council’s action. RECESS Mayor Lewis declared a recess at 9:37 p.m. Council reconvened at 9:40 p.m. with Mayor Lewis and all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: 93 14- AB #15,913 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE 45 CONSTRUCTION OF VISTAICARLSBAD INTERCEPTOR SEWER REACHES VC5B THROUGH VC1 IA, AND APROVAL OF AN AGREEMENT FOR CONSTRUCTION PERIOD FOR CONSULTING SERVICES - CMWD PROJECT NO. 91-403, PROJECT NO. 3182, THE SOUTH CARLSBAD VILLAGE STORM DRAIN PROJECT NO. 3528, PAVEMENT OVERLAY PROJECT NO. 3667. Citing a conflict of interest, Council Member Hall left the dais at 9:40 p.m. Ray Patchett, City Manager, presented the staff report. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2000-301 approving plans and specifications, authorizing to advertise for bids for the construction of the Vista/Carlsbad Interceptor Sewer Reaches VC5B through VC1 IA, CMWD Project No. 91-403, Project No. 3182, South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667 and appropriation of funds; and, September 26,200O Carlsbad City Council Page 10 Council adopted RESOLUTION NO. 2000-302, approving an agreement with John Powell & Associates for the construction management and inspection of the Vista/Carlsbad Interceptor Sewer Reaches VCSB through VC1 IA, CMWD Project No. 91-403, Project No. 3182, South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667; and, Council adopted RESOLUTION NO. 2000-303 approving an extension and Amendment No. 1 with Katz & Associates, Inc. to provide community relations and construction support services for Vista/Carlsbad Interceptor Sewer Reaches VC5B through VCIIA, CMWD Project No. 91-403, Project No. 3182, South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667; and, Council adopted RESOLUTION NO. 2000-304 approving a contract with Malcolm- Pirnie, Inc. to provide construction assistance services for Vista/Carlsbad Interceptor Sewer Reaches VCSB through VC1 IA, CMWD Project 91-403, Project No. 3182, South Carlsbad Village Storm Drain, Project No. 3528, and Pavement Overlay, Project No. 3667. AYES: Lewis, Finnila, Nygaard, and Kulchin. NOES: None. ABSENT: Hall. (Council Member Hall returned to the dais at 9:41 p.m.) 67 15* AB #15,914 - MUNICIPAL CODE AMENDMENTS TO UNIFORM CODES FOR BUILDING, MECHANICAL, ELECTRICAL, AND PLUMBING TO ALLOW FOR THE RECORDING OF CERTIFICATES OF NONCOMPLIANCE WITH THE COUNTY RECORDER. Council concurred to forego the staff report at this time and proceed with the introduction of the ordinance. The staff report will be presented at the October 17, 2000 public hearing. ACTION: On a motion by Mayor Pro Tern Hall, Council introduced ORDINANCE NO. NS- 559 amending Chapters 18.094 (Building Code), 18.08 (Mechanical Code), 18.12 (Electrical Code), and 18.16 (Plumbing Code) by adding Sections 18.04.315, 18.08.040, 18.12.227 and 18.16.125, respectively, to allow for the recording, with the County Recorder, of Certificates of noncompliance and certificates of compliance; and that a public hearing be scheduled for October 17, 2000 to consider the adoption. AYES: NOES: Lewis, Hall, Finnila, Nygaard, and Kulchin. None. CITY MANAGER COMMENTS - None CITY ATTORNEY COMMENTS - None I e September 26,200O Carlsbad City Council Page 11 COUNCIL COMMENTS Council Member Finnila announced a new website for real time San Diego traffic information: www.DOT.CA.GOV/sdtraffic. Council Member Hall read correspondence he received from United States Environmental Protection Agency. Council Member Hall also announced that next month he would accept an award on behalf of the Encina Wastewater Authority. Mayor Lewis said that the general manager of the Metropolitan Water District has expressed interest in the desalination process. Mayor Lewis said he explained to the general manager that the study has not yet been completed. Mayor Lewis noted that staff would be presenting a report on the water rate structure at a future Council meeting. Mayor Lewis announced that John Jones, a Senior Patrol Volunteer, has just been released from the hospital and stated that everyone’s thoughts are with him. ADJOURNMENT By proper motion, the Regular Meeting of September 26, 2000 was adjourned at 9:49 p.m. (--&ity/Clerk Janice Breitenfeld Deputy City Clerk