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HomeMy WebLinkAbout2003-09-09; City Council; MinutesMINUTES MEETING OF: DATE OF MEETING: SEPTEMBER 9,2003 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Regular Meeting) City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: None. Lewis, Finnila, Kulchin, Hall and Packard. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Finnila, Minutes of the following meetings were unanimously approved as presented with the following correction to the August 1 gth minutes: Page 4, Paragraph 9, “Tim Hunter” should be changed to “Tim Hutter”. (Mayor Pro Tem Finnila abstained from approval of the August 12, 2003 minutes and Council Member Hall abstained from approval of the August 19, 2003 minutes due to their absence): Minutes of the Regular Meeting held August 12, 2003 Minutes of the Special Meeting held August 19, 2003 Minutes of the Regular Meeting held August 19, 2003 Minutes of the Special Meeting held August 20, 2003 CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #7, as follows: AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutms at this Mee ing. 1. AB #17,296 - TEMPORARY CONSTRUCTION EASEMENT - CT 99-04-01 (PR 03-51). Council adopted RESOLUTION NO. 2003-228, approving the quitclaim of a portion of an existing temporary construction easement located within the Villages of La Costa- La Costa Oaks South. September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 2 2. AB #17,297 - OPEN SPACE EASEMENT - PARCEL 2, PARCEL MAP 3451, (PR 01- 114) (CUP 96-05). Council adopted RESOLUTION NO. 2003-229, approving the quitclaim of an open space easement dedicated to the City of Carlsbad and recorded in the Office of the San Diego County Recorder on August 6, 1997, as document number 1997-0375383, located at 4901 El Camino Real. 3. AB #17,298 - TEMPORARY CONSTRUCTION EASEMENT - CT 99-04-01 (PR 03-52). Council adopted RESOLUTION NO. 2003-230, approving the quitclaim of a portion of a temporary construction easement located within the Villages of La Costa-La Costa Oaks South. 4. AB #I 7,299 - TEMPORARY CONSTRUCTION EASEMENT - CT 99-04-01 (PR 03-31 1. Council adopted RESOLUTION NO. 2003-231, approving the quitclaim of a portion of an existing temporary construction easement located within the Villages of La Costa- La Costa Oaks South. 5. AB #17,300 - NOTICE OF COMPLETION FOR THE STREET SEALING PROJECT - PROJECT NO. 3667-6. Council adopted RESOLUTION NO. 2003-232, accepting the construction of the 2002/03 Street Sealing Project as complete, and directing the City Clerk to record a Notice of Completion and release bonds appropriately. 6. AB #17,301 -ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Council adopted RESOLUTION NO. 2003-233, approving the submittal of the 2002103 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program to the U.S. Department of Housing and Urban Develop men t . 7. AB #17.302 - PARKING LEASE AGREEMENT. Council adopted RESOLUTION NO. 2003-234, approving a one-year parking lease agreement between the City of Carlsbad and 24 Hour Fitness Inc. for the term September 10, 2003 to September 9, 2004, for property located at 5815 El Camino Real. PUBLIC COMMENT: Adrienne Durso, 3322 Fosca Street, announced that the Juvenile Diabetes Research Foundation Walk for The Cure would be held on September 21 , 2003 beginning at Cannon Park. PUBLIC HEARINGS: 8. AB #17,293 - AT&T WIRELESS, CUP 03-22. In response to Council, Ron Ball presented a brief history of AT&T Wireless’ request to install wireless communication facilities in Carlsbad. September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 3 Christer Westman, Senior Planner, presented the staff report. Mayor Lewis opened the duly notice public hearing at 6:22 p.m. and asked if anyone wished to speak on this matter in any way. Chris Wahl, 9820 Willow Creek Road, San Diego, representing AT&T Wireless, reviewed “Requesting Approval to Place a Cellular Antenna Facility on Tower 173”, on file in the City Clerk’s Office. He also distributed “Noise Impact Analysis”, on file in the City Clerk’s Office. In response to Council, Dan Smith, Land Use Attorney, said that BCE Development owns the easement property on which Tower 173 is located. Mr. Smith said that AT&T Wireless is in the process of acquiring the easement from BCE Development. Mr. Smith anticipated that after acquisition of the easement, AT&T Wireless would be responsible for normal maintenance activity upon the easement. Discussion ensued between Council and the AT&T representatives regarding appropriate equipment siting near Tower 173. Discussion also ensued regarding the possibility of placing the wireless facility in other locations. In response to Council, Ron Ball, City Attorney, explained that the court has stated that Carlsbad City Council Policy 64 is not applicable because the policy was adopted after AT&T Wireless submitted their application. In response to Council, Mr. Ball explained that each future application for antennas and wireless facilities would stand on its own merit. He described appropriate grounds for Council’s denial of such applications and noted that any entity has the opportunity to petition the court to overturn Council’s decision. Christopher Rowan, 321 3 Fosca Street, submitted petitions of residents opposing the approval of CUP 03-22 (on file in the City Clerk’s Office). Mike Welch, 3327 Fosca Avenue, said his home is closest to the SDG&E Transmission Tower 173. He said he was opposed to the installation of the tower and opposes the addition of any panels to the tower. Carolyn Sharif, 3316 Cab0 Court, read her comments into the record (not on file in the City Clerk’s Office), expressing her opposition to AT&T’s request to install a wireless telecommunications facility on SDG&E Transmission Tower 13. Patrick Gravitt, 7410 Esfera Street, expressed opposition to adding panels on Tower 173. He distributed a photograph of Tower 173 in his neighborhood and also a photograph of a tower containing many panels (both on file in the City Clerk’s Office). Leif Gihbsson, 3315 Cab0 Court, showed a videotape showing various towers and his neighborhood (not on file in the City Clerk’s Office). He expressed opposition to installing panels on Tower 173. Ivan Jellinek, 3312 Cab0 Court, said he lives just south of Tower 173 and spoke in opposition of AT&T’s request to add panels to the tower. September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 4 Frank Nolan, 7331 Las Brisas, spoke in opposition of AT&T’s request to add panels to Tower 173. Cathy LeClair, a resident of Las Brisas, said she lives in the shadow of Tower 173 and expressed opposition to AT&T’s request. John Nerenberg, 3204 Carvallo Court, said he lives near 7512 Cadencia Street and spoke against AT&T’s request. He also distributed four photographs of the view from his backyard (on file in the City Clerk’s Office). Jason Haines, 321 2 Carvallo Court, said that Tower 173 is a more appropriate location than the Cadencia Street location to fulfill AT&T’s request. Carl Morris, 7314 Muslo Lane, spoke in opposition to AT&T’s request. Debra Hoven, 7512 Brava Street, said she was representing the Cadencia Street community. She said there are currently two antennas in their neighborhood and the neighbors do not want additional antennas installed. She asked Council to appeal the judges’ decision. Roger Renkis, 7520 Brava Street, said he opposed AT&T installing a wireless facility at 7512 Cadencia Street and on Tower 173. Chris Rowan, 3213 Fosca, said that all cell facilities should be located outside residential areas. Darby Shafer, 741 1 Esfera Street, spoke against placing panels on Tower 173. Michael Davis, 3326 Fosca Street, said that there are water towers nearby and taller than Tower 173. He said that the panels should be placed on the water towers instead of Tower 173, Jeff Cain, 7330 Las Brisas Court, said that he owns a home near Cadencia and on Las Brisas. Mr. Cain said that he Verizon Wireless has their equipment buried underground on property owned by Mr. Cain at 120 Birmingham, Cardiff. Mr. Cain said that the antenna is built into the commercial building. He said that cell sites are more appropriate in commercial areas. Mr. Cain suggested that the panels be placed on Tower 171 instead of Tower 173 and that the equipment be buried underground. Rick Kauffman, 7304-2 Alicanti Road, said he is an architect representing the Welch family and said that antennas should be built into commercial buildings. Monica Jellinek, 3312 Cab0 Court, spoke in opposition to AT&T installing a wireless facility at 751 2 Cadencia Street. Trudy Richard, said she is a real estate agent employed by Coldwell Banker. Ms. Richard spoke against AT&T’s request to install panels on Tower 173. Kathy Welch, 3327 Fosca, said that the wireless facility should be installed on property owned by the La Costa Resort. September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 5 Suzie Darnell, 3340 Caska Way, spoke in opposition to AT&T installing panels on Tower 173. RECESS Mayor Lewis declared a recess at 8:15 p.m. Council reconvened at 8:21 p.m. with all members present. PUBLIC HEARINGS (continued): 8. AB #I 7,293 - AT&T WIRELESS, CUP 03-22. (continued) Chris Wahl, 9820 Willow Creek Road, San Diego, representing AT&T Wireless, made closing comments speaking in support of AT&T’s request to locate panels on Tower 173. Mr. Wahl stated that he wanted to be solution oriented regarding the project proposal, noise and equipment. He noted that this proposal is for one site, not for two. In response to Council, Ron Ball, said that the AT&T case is still pending and it is too early to file an appeal. He said that court would also need to address the civil rights violation. In further response to Council, Mr. Ball said that the court determined that Council Policy 64 did not apply to AT&T’s request to install a wireless facility at 7512 Cadencia Street. However, Council Policy 64 will be applicable to all subsequent requests. Mr. Ball said that Policy 64 encourages wireless facility to be located in industrial and commercial areas. He said that Tower 171 is in a residential neighborhood, although homes have not yet been built near the tower. Seeing no one else wishing to speak on this matter, Mayor Lewis closed the public hearing at 8:31 p.m. Mayor Pro Tem Finnila spoke in support of approving CUP 03-22, with conditions. She said she would identify those conditions, if requested by Council. Council Member Kulchin spoke in opposition of CUP 03-22. Council Member Hall said that although he would like to have a working relationship with AT&T, he would support appealing the judge’s decision regarding the installation of a wireless facility at 7512 Cadencia Street. Council Member Hall said he could not support CUP 03-22. Council Member Packard spoke in opposition of CUP 03-22. Mayor Lewis said he could not support CUP 03-22 because there are more appropriate commercial and industrial areas to install a wireless facility. September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 6 ACTION: On a motion by Council Member Kulchin, Council directed the City attorney to prepare document denying CUP 03-22. AYES: NOES: Finnila. Lewis, Kulchin, Hall and Packard. RECESS Mayor Lewis declared a recess at 855 p.m. The Council reconvened at 857 p.m. with all members present. PUBLIC HEARINGS (continued): 9. AB #17,303 - NORTH PARK AT LA COSTA (SDP 02-10), (PUD 02-13). Greg Fisher, Assistant Planner, presented the staff report. He also reviewed the tentative tract map and elevation map (both on file in the City Clerk’s Office). In response to Council, Mr. Fisher reviewed the circulation element of project. In response to Council, Bob Wojcik, Deputy City Engineer, said that fire trucks, ambulances and solid waste trucks would be able to make turning movements in the project. He described the standards used for a driveway used by the Engineering Department and said that this project complies with the standards. In response to Council, Fire Chief Kevin Crawford, said it appears from the plot plan that the most advantageous location for the Fire Department to stage an operation at this proposed development would be out on the street and not inside the complex. He said the exception might be if there is a small incident that did not extend to the full dwelling or multiple dwellings. In response to Mayor Lewis, Mr. Wojcik described the width of the driveways. He estimated that there would be an average of 49 feet from garage door to garage door. Mayor Pro Tem Finnila and Mr. Fisher discussed the history of project next to this proposed project. Debbie Fountain, Housing and Redevelopment Director, explained that last week staff held an affordable housing workshop with the Planning Commission. She said that the issue of second dwelling units, including the opportunity for “granny flats” to be used to meet affordable housing needs, was discussed between the Planning Commission and staff. Mayor Lewis opened the duly noticed public hearing at 9:12 p.m. and asked if anyone wished to speak on this matter in any way. Kerry Garza, Touchstone Communities, 9715 Carroll Center Road, Suite 105, San Diego, (the applicant), spoke in support of this project. In response to Mayor Pro Tem Finnila, Mr. Garza stated that he was not opposed to September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 7 financially contributing to the proposed traffic signal. In response to Council, Mr. Fisher reviewed Condition No. 10 and 11. Mr. Fisher said that the floor plan for Lot 3 has been reversed, pursuant to Condition No. IO. He also said the rear elevations for Lots 1-7 have been approved by the Planning Director, pursuant to Condition No. 11. In response to Council, Mr. Wojcik said that staff is comfortable with the grading issues on this project. He also said that additional soil testing would be done prior to the issuance of building permits. He noted that preliminary soils reports would be done with the tentative map. Seeing no one else wishing to speak on this matter, Mayor Lewis closed the public hearing at 9:17 p.m. In response to Council, Mr. Wojcik said that this project complies with the City’s policies and requirements. In response to Council, Mr. Garza said that the entry drive width exceeds the City’s standards. He also said that they have included rolled curbs on the sidewalk of the driveway entry to allow vehicles to stop on the sidewalk to allow emergency vehicles into the driveway. Mr. Garza said that a full size bus would be able to get in and out of the Y’ intersection on the project. Mr. Garza described the setbacks on this project. Council Member Kulchin and Mayor Pro Tem Finnila spoke in support of the project. ACTION: On a motion by Mayor Pro Tem Finnila , Council adopted RESOLUTION NO. 2003-235, approving a Site Development Plan and Planned Unit Development Permit for the NorthPark at La Costa, Single-Family project, located at the Northwest Corner of Levante Street and La Costa Avenue in the Southeast Quadrant. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. 10.AB #17,282 - REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING RESERVE FUNDS Craig Ruiz, Management Analyst, presented the staff report. In response to Council, he said that this predevelopment loan would roll into the permanent loan and that the City of Carlsbad would be in second position. Mayor Lewis opened the duly noticed public hearing at 9:30 p.m. and asked if anyone wished to speak on this matter in any way. Seeing no one else wishing to speak on this matter, Mayor Lewis closed the public hearing at 9:30 p.m. September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 8 ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2003-219, approving the reallocation of $244,161 from the Community Development Block Grant Housing Reserve Fund to pay predevelopment costs for the development of an affordable housing project at 2578 Roosevelt Street. AYES: Lewis, Finnila and Kulchin. NOES: Hall and Packard. ADJOURNMENT TO THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION MEETING Mayor Lewis adjourned to the Carlsbad Housing and Redevelopment Commission Meeting at 9:31 p.m. and reconvened the Council Meeting at 9:35 p.m. with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #17,304 - PURCHASE OF POLICE COMPUTER-AIDED DISPATCH AND MOBILE DATA SYSTEMS. Police Captain Dale Stockton; Maria Callander, Systems Administrator Ill; and, Lee Rautenkranz, Director of Information Technology, presented the staff report and reviewed a Power Point Presentation (on file in the City Clerk’s Office). ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 2003-236, approving the contact with Tiburon, Inc. for the purchase of Police Computer-Aided Dispatch and Mobile Data Systems. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. 12. AB #17,305 - NO PARKING ZONE ON THE NORTH SIDE OF CASSIA ROAD. Bob Johnson, Deputy City Engineer, presented the staff report. ACTION: On a motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-672, amending Title IO, Chapter 10.40, of the Carlsbad Municipal Code by the addition of Section 10.40.128 to declare a no parking zone on the north side of Cassia Road from Poinsettia Lane to its intersection with El Camino Real. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 9 13. AB #17,306 - HOUSING COMMISSION APPOINTMENTS. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2003- - 238, appointing Margaret Schraml to the Housing Commission; and, Council adopted RESOLUTION NO. 2003-239, appointing Bobbie Smith to the Housing Commission. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall and Packard. (Council concurred with the Mayor's request to continue Resolution No. 2003-237 to the September 23, 2003 Council Meeting.) COUNCIL REPORTS AND COMMENTS: Council Member Hall said that a retirement party was held for Police Officer Larry Johnson. Council Member Hall said he recently discovered an uninvited person in his home and expressed appreciation to Police Officer Jeff Smith for apprehending the suspect. Mayor Pro Tem Finnila announced the Bike Rodeo would be held on September 13,2003 at the Senior Center. Mayor Pro Tem Finnila said that a new trail segment would be opened in La Costa Valley. She invited walkers to meet behind the La Costa Recreation Center on September 13, 2003 at 9:00 a.m. Mayor Lewis gave an update on water issues. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS Lorraine Wood, City Clerk, announced that City Council Members have been invited and may be participating in the upcoming events: Thursday, September 11 , 2003 - 500 p.m. Carlsbad Citizens' Academy City Hall Council Chambers 1200 Carlsbad Village Drive Carlsbad, California September 9,2003 CARLSBAD CITY COUNCIL MEETING Page 10 Saturday, September 13, 2003 - 9:00 a.m. La Costa Valley Trail dedication La Costa Valley Recreation Center (behind gazebo) 2280 Calle Barcelona Carlsbad, California Tuesday, September 15,2003 - 4:OO p.m. Carlsbad Citizens of the Year Ceremony City Hall Council chambers 1200 Carlsbad Village Drive Carlsbad, California ADJOURNMENT: By prop r motion, the Regular Meeting of September 9, 2003 was adjourned at 1O:Ol p.m. J . J#ce Breitenfeld, CMC Deputy City Clerk