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HomeMy WebLinkAbout2001-08-21; City Council; MinutesMINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 21,200l 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, Nygaard and Hall. Finnila. INVOCATION AND PLEDGE OF ALLEGIANCE: Michael Shapiro offered the invocation and Council Member Finnila led the Pledge of Allegiance. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Wednesday, August 22,2001- 11 a.m. Sculpture Dedication Cole Library 1250 Carlsbad Village Drive Wednesday, August 22,200l - 530 p.m. Carlsbad Chamber of Commerce/Callaway Golf Event Four Seasons Resort Aviara - Clubhouse 7447 Batiquitos Drive Thursday, August 23,200l - 7:00 p.m. Assemblyman Mark Wyland Town Hall Meeting Carlsbad Council Chambers 1200 Carlsbad Village Drive Thursday, August 30,200l - II:30 a.m. Carlsbad Chamber of Commerce State of the City Event Four Seasons Resort Aviara 7100 Four Seasons Point August 2 1,200l Carlsbad City Council Meeting Page 2 Friday, September 7, 2001 - 6:00 p.m. Women’s Resource Center Annual Event 5850 Sunnycreek Road APPROVAL OF MINUTES On a motion by Council Member Kulchin, Minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held July 10, 2001 Minutes of the Regular Meeting held July 10, 2001 Minutes of the Special meeting held July 24, 2001 Minutes of the Regular Meeting held July 24, 2001 CONSENT CALENDAR: Council concurred to pull Items #I and #2 for discussion. ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #13, with the exception of Items #I and 2, as follows: AYES: NOES: Lewis, Kulchin, Finnila, Nygaard and Hall. None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #16,336 - ACCEPTANCE OF DONATION This item was pulled for discussion. 2. AB #16,337 - ACCEPTANCE OF DONATION This item was pulled for discussion. 3. AB #16,338 - AMENDMENT NO. 3 TO CONTRACT FOR AS-NEEDED CONSULTANT WITH SIMON WONG ENGINEERING FOR INSPECTION AND PROJECT MANAGEMENT SERVICES. Council adopted RESOLUTION NO. 2001-255, approving Amendment No. 3 to the agreement for as-needed consultant inspection and project management services with Simon Wong Engineering. 4. AB #16,339 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of July 31,2001. August 2 1,200l Carlsbad City Council Meeting Page 3 5. AB #16,340 - REQUEST FOR OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 2001-256, approving out-of-state travel for a member of the Purchasing Department to attend the “Best Practices” Procurement Training in Las Vegas, Nevada. 6. AB #16,341- APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENTS. Council adopted RESOLUTION NO. 2001-257, approving Community Development Block Grant Subrecipient Agreements for the 2001-2002 program year. 7. AB #16,342 - CANNON ROAD WEST REACH 1 CANNON ROAD BRIDGE TEMPORARY IMPACT AREA WETLAND MITIGATION/RESTORATION. Council adopted RESOLUTION NO. 2001-258 accepting the maintenance and plant establishment for Cannon Road West Reach 1 Cannon Road Bridge Temporary Impact Area Wetland Mitigation/Restoration, Contract No. 3184-2 as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. 8. AB #16,343 - STAIRWAY REPAIR PROJECT NO 35191. Council adopted RESOLUTION NO. 2001-259, accepting the construction of the Seawall Stairway Repair Project No. 35191 as complete, and directing the City Clerk to record the Notice of Completion and release bonds appropriately. 9. AB #16,344 - AUTHORIZATION FOR CITY STAFF TO REPRESENT THE CITY OF CARLSBAD IN THE CARLSBAD RESEARCH CENTER OWNERS ASSOCIATION. Council adopted RESOLUTION NO. 2001-260, authorizing the City Manager, or his authorized designee, to act in an official capacity on behalf of the City of Carlsbad, as it pertains to exercising membership rights in the Carlsbad Research Center Owners Association. 10. 11. AB #16,345 - PURCHASE OF FIRE TRUCK. Council adopted RESOLUTION NO. 2001-261 I approving the purchase of a fire truck from Seagraves Fire Apparatus Inc. AB #16,346 -AMENDMENT NO. 1 TO AGRICULTURAL LEASE WITH ADRIAN CHAVEZ. Council adopted RESOLUTION NO. 2001-262, authorizing the City Manager to execute Amendment No. 1 of the Agricultural Lease Agreement with Adrian Chavez. August 2 I, 200 1 Carlsbad City Council Meeting Page 4 12. AB #16,347 - ACCEPT BIDS AND AWARD CONTRACT FOR CONCRETE REPLACEMENT CONTRACT NO STS2001-01. Council adopted RESOLUTION NO. 2001-263, accepting the bid of $92,937.25, and awarding the contract for Concrete Replacement in accordance with Contract No. ST2001-01 to Ron Locke Construction. 13. AB #16,355 - CONVERSION OF DARE OFFICER POSITION TO SCHOOL RESOURCE OFFICER POSITION. Council adopted RESOLUTION NO. 2001-273, approving the conversion of one Drug Abuse Resistance Education (DARE) officer position to a School Resource Officer (SRO) position. DISCUSSION OF CONSENT CALENDAR ITEMS 1. AB #I 6,336 - ACCEPTANCE OF DONATION Council Member Kulchin reviewed the staff report. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-253 accepting a gift of $2,500 from the Carlsbad Hi-Noon Rotary Club through the Carlsbad Library Foundation and appropriating donation to the Library Gifts and Bequests Fund. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 2. AB #I 6,337 - ACCEPTANCE OF DONATION Council Member Kulchin reviewed the staff report. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-254, accepting a gift of $10,440 from the Friends of the Library, appropriating donation to the Library Gifts and Bequests Fund, and Acknowledging a Pledge of $38,500 in support of various Library Programs. l AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. August 21,200l Carlsbad City Council Meeting Page 5 ORDINANCE FOR ADOPTION: 14. AB #16,353 - ESTABLISHING A PRIMA FACIE 50 MILE PER HOUR SPEED LIMIT UPON ALGA ROAD. Council Member Hall said he would vote no on the adoption of Ordinance No. NS-599 because there are many surrounding homes that use the intersection of Alga Road and El Camino Real, and not all of the surrounding intersections will be signalized. Council Member Finnila said she would abstain from the vote on this issue due to her absence on August 7’h when Ordinance No. NS-599 was introduced. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-599, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the revision of Section 10.44.090 to establish a Prima Facie 50 Mile Per Hour Speed Limit upon Alga Road from El Camino Real to its intersection with Melrose Drive. AYES: Lewis, Kulchin and Nygaard. NOES: Hall. ABSENT: None. ABSTAIN: Finnila. PUBLIC COMMENT Tamara Maclel, 2191 El Camino Real, #103A, Program Manager for the Tri-City collaboration of “Parents Who Host Lose The Most” Campaign, said they are kicking off their campaign on August 22, 2001 at 12:00 noon in Oceanside to help prevent underage drinking. Kristianne Kurner, P.O. Box 2565, Carlsbad, Managing Director of New Village Arts, said this professional theater group would like to relocate to 2787 State Street and asked to be placed on a future Council agenda. She noted that New Village Arts had recently merged with the Play Readers. Mayor Lewis said last week he met with representatives from New Village Arts last week and he suggested they address Council. August 2 1,200 I Carlsbad City Council Meeting Page 6 PUBLIC HEARING 15. AB #16,348 - AT&T WIRELESS APPEAL - 7512 CADENCIA STREET CUP 00-36. Council Member Kulchin cited a conflict of interest and left the meeting at 6:05 p.m. Christer Westman, Associate Planner, presented the staff report. Mayor Lewis opened the duly noticed public hearing at 6: 13 p.m. and asked if anyone wished to speak on this matter in any way. Robert Jystad, Attorney at Law, Cole, Raywid & Braverman, 2381 Rosecrans Avenue, Suite 110, El Segundo, legal representative for AT&T, asked Council to overturn the Planning Commission’s decision of denial and approve AT&T’s request. He spoke in support of the project and explained that the antenna will be inside the chimney and out of the public’s view. Mr. Jystad described the wattage of the antennae and said the wattage is within the Federal Communication Commission’s (FCC) standards. He noted that the neighbors are able to verify this low wattage with the FCC. Mr. Jystad said the proposed project is important to urban land use and is compatible with the neighborhood. He said that realtors have indicated that antennas, such as the one in AT&T’s request, do not adversely affect property values. Mr. Jystad noted that Pacific Bell has installed a similar antenna down the street from AT&T’s proposed site. Mr. Jystad said that the Planning Commission resolution to deny AT&T’s request makes an effort to characterize the facts to justify the denial. However, Mr. Jystad said that the Planning Commission resolution does not pass the creditability test. From AT&T’s perspective, Mr. Jystad said there is no substantial evidence to deny the request for a wireless facility at 7512 Cadencia Street. In response to Council, Mr. Jystad explained that the radio-based station (power supply unit) would be housed within the existing four-car garage on the lot. Mr. Jystad said the noise generated from the station would be equivalent to that of an air-conditioner. Mr. Jystad explained that AT&T looked at alternative sites to locate this project, but none were acceptable. Mr. Jystad noted that AT&T has done the engineering on the proposed site and has negotiated a lease at 7512 Cadencia Street. Debra Hoven, 7512 Brava Street, expressed concern that there are no long-term studies of low radiation from antennas on the community. She described the existing antennas installed by other companies in her neighborhood and said another antenna is not needed. Ms. Hoven said that when residents sell their homes, they must disclose the location of low wattage antennas in the neighborhood. Ms. Hoven said this proposed AT&T project should be placed in the commercial zone. She also said that a low-wattage antenna master plan is needed. In response to Council, she described the location of her home to the proposed project site. She expressed concern for increased traffic associated with maintenance of the facility. August 2 1,200 1 Carlsbad City Council Meeting Page 7 Mayor Lewis noted that he visited a similar facility on Cadencia with the same type of faux chimney as proposed by AT&T tonight. Mayor Lewis said that the antenna was not visible because it was hidden in the chimney. In response to Council, Cindie McMahon, Deputy City Attorney, said a specific provision in the Telecommunications Act prohibits health issues from being considered in the placement of wireless communication facilities. Patricia Dice, 7412 Brava Street, said there are already too many antennas in their neighborhood and alternative commercial sites should be explored. She explained where she lives in relation to the proposed project. Jon Nerenberg, 3204 Carvallo Court, said his back yard is 30 lineal feet from the property line of the proposed project and described his line of site. Mr. Nerenberg expressed concern about potential noise impacts and fire dangers. He also expressed concern that that this project could negatively impact his property value. Youre Shadian, 3321 Venado, said he lives 40 feet from the proposed project site. He suggested that the proposed antenna be placed on a commercial site. (His correspondence dated May 15, 2001 to Christer Westman is on file in the City Clerk’s Office.) Mr. Jystad said that AT&T would not install any above ground green boxes on this site. Mr. Jystad also said that AT&T would be willing to plant additional trees to shield Mr. Nerenberg’s view of the proposed project. Mr. Jystad responded to Council and said AT&T would be willing to install additional insulation to address noise concerns. Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 7:49 p.m. In response to Council, Cindie McMahon, Deputy City Attorney, explained Carlsbad Municipal Code Section 21.50.100 and how it relates to this appeal. Council Member Finnila said that six months after the installation of the facility at 7412 Cadencia, there was to be a follow-up analysis of the cumulative effects of that facility. She asked the status of that report. Mr. Westman said he would follow-up to determine the status of that report. In response to Council, Ms. McMahon said the legal cases, which she has read, do not support an outright ban of wireless communication facilities in residential neighborhoods. She said that courts have indicated that local government decisions can not have the affect of prohibiting services. Ms. McMahon said if local government decisions create a gap in wireless communication services, it is effectively prohibiting services. August 2 1,200 1 Carlsbad City Council Meeting Page 8 In response to Council, Mr. Westman said that the applicant has provided information that the proposed project is needed to fill in service gaps in Carlsbad. Chris Morrow, Morrow Consulting, explained that the proposed project will provide service to areas within Carlsbad where no service currently exists. He explained that AT&T needs additional capacity in order to avoid dropped calls. Mr. Morrow reviewed each alternative site that AT&T pursued, and explained why the proposed site on Cadencia is the best location. Council Member Hall said he was prepared to support the Planning Commission’s decision for denial. Council Member Hall said a commercial site would be more appropriate for this project and there are alternative sites that should be considered. Council Member Nygaard explained Council’s decision regarding a previous request from GTE and that the request was to hang antennas on a tower. Council Member Nygaard said that the AT&T’s proposal, as presented to Council this evening, is compatible with the neighborhood. Council Member Nygaard spoke in support of the applicant planting additional trees to buffer the noise and said a condition should be added to evaluate the noise. Council Member Finnila also reviewed the GTE request, discussed why she voted against that project and noted that GTE was in the process of being sold to another company. She said the request before Council this evening needs to be considered independently of any other decision. Council Member Finnila explained that the antenna in the AT&T request will be inside a stealth casing and will not be visible. Council Member Finnila noted that the structure (chimney) proposed for holding the AT&T equipment is permitted. She concurred with Council Member Nygaard that additional trees should be added. Council Member Finnila noted a specific provision in the Telecommunications Act that prohibits health issues from being considered in the placement of wireless communication facilities. She also noted that AT&T’s request would resolve capacity and coverage issues. Council Member Finnila said she would support the appeal. Mayor Lewis said he concurred with Council Member Nygaard and Council Member Finnila regarding the fact that the antenna in AT&T’s proposal would not be visible. Mayor Lewis said he would like to see the report regarding the facility located at 7412 Cadencia before he votes on AT&T’s proposal. He said that report would be his justification to approve or deny AT&T’s appeal. Mayor Lewis said he would like to continue this item until he has read the report regarding the facility located at 7412 Cadencia. He said when this agenda item returns to Council, the public hearing will remain closed, the report will be discussed and Council will make a decision on the AT&T request. Council concurred with Mayor Lewis. August 2 1,200 1 Carlsbad City Council Meeting Page 9 Ray Patchett, City Manager, said staff would try to get an understanding of the status of the report regarding the facility located at 7412 Cadencia. RECESS Mayor Lewis declared a recess at 7:13 p.m. Council reconvened at 7:19 p.m. with Mayor Lewis and all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 16. AB #16,349 - PRESENTATION ON THE 2001-2001 CITY GOALS Lloyd Hubbs, Director of Public Works; Jim Elliott, Director of Administrative Services; Joe Garuba, Management Analyst; and Lorraine Wood, City Clerk made a Power Presentation to report on the 2001-2002 City Goals (on file in the City Clerk’s Office). In response to Council, Mr. Elliott explained that staff is working with companies who are interested in installing conduits for fiber optics. Ray Patchett, City Manager, said that staff is drafting an ordinance which would require the installation of conduits during new development. In response to Council, Mr. Garuba said that grants are available to develop the Disaster Resistant Community. In response to Council, Mr. Garuba explained the Citizens’ Survey and stated that it is a joint effort between the City and the Behavioral Research Institute at the California State University, San Marcos. He said the City has a five-year contract with the Behavioral Research Institute. In response to Council, Mr. Elliott said that Visa and Mastercard are accepted as payment for water bills, recreation classes, etc. Automatic debit from customer’s bank account is also a payment option for water bills. Mr. Elliott described the goal that will enable customers to make these same types of payment throughout the City at various locations. In response to Council, Debbie Fountain, Housing and Redevelopment Manager, said that staff has been working with the North County Transit District (NCTD) to create a joint-use parking structure in Downtown Carlsbad, on property owned by NCTD. Mayor Lewis spoke of the need for a parking structure as soon as possible and said that all funding options must be explored. Council Member Nygaard said that NCTD has raised the rents to fair market value on their property in the Downtown area and that NCTD is exploring different strategies to create more parking. August 2 1,200l Carlsbad City Council Meeting Page 10 17. AB #16,350 - BEACH EROSION COMMITTEE APPOINTMENTS ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001- 264, appointing William Carroll to the Carlsbad Beach Erosion Committee. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. And, ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001- 265, appointing Richard Erhardt to the Carlsbad Beach Erosion Committee. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 18. AB #16.351- HOUSING COMMISSION APPOINTMENTS ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001- 266, reappointing Renee Huston to the Carlsbad Housing Commission. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. And, ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001- 267, reappointing Doris Ritchie to the Carlsbad Housing Commission. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. August 2 1,200 1 Carlsbad City Council Meeting Page 11 19. AB W6.352 - CARLSBAD ARTS COMMISSION APPOINTMENTS ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001- 268, appointing Scott Rutledge to the Carlsbad Arts Commission. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. And, ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001- 269, appointing Gary Hill to the Carlsbad Arts Commission. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 20. AB #16,354 - PLANNING COMMISSION APPOINTMENTS Council concurred with Mayor Lewis’ request to continue this item to September 11, 2001. COUNCIL REPORTS AND COMMENTS: Mayor Lewis said Mayors from various cities in San Diego County have met to discuss the Regional Government Efficiency Commission. He said SANDAG is aware of the meeting. Mayor Lewis said notes from the meeting have been distributed to Council. Mayor Lewis also said that correspondence had been sent to Mayors in San Diego County regarding the Metropolitan Water District. CITY MANAGER COMMENTS: None. August 2 1,200l Carlsbad City Council Meeting Page 12 CITY ATTORNEY COMMENTS: None. ADJOURNMENT By proper motion, the Regular Meeting of August 21, 2001 was adjourned at 8:22 p.m. Respectfully submitted, UITY CLE)PK