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Home My WebLink About1997-07-08; City Council; Minutes-t 0 a MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 8,1997 TIME OF MEETING: 6:OO p.m. PLACE OF 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: Mayor Lewis, Mayor Pro Tern Finnila, Council Members Nygaard, Kulchin, and Hall ANNOUNCEMENT: Mayor Lewis announced that Council Members have been invited to attend and participate in the following event: Carlsbad Triathlon, to be held on Sunday, July 13, 1997, at 8:OO a.m., at the Robert C. Frazee State Beach (at Tamarack), Carlsbad. APPROVAL OF MINUTES: On motion by Mayor Pro Tern Finnila, the Minutes of the following Meetings were unanimously approved as presented, with abstentions as noted: Minutes of the Regular Meeting held on June 10, 1997. - Nygaard - Abstained Minutes of the Special Meeting held on June 17, 1997. Minutes of the Regular Meeting held on June 17, 1997. PRESENTATION: Recreation Supervisor, Jill Prichard announced that the annual Carlsbad Triathlon, Luau, and Expo will be held this Saturday and Sunday, July 12 and July 13, and invited all those interested to attend. CONSENT CALENDAR: On motion by Mayor Pro Tern Finnila, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #6, with the exception of #5, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 63 1. AB #14.249- ACCEPTANCE OF GRANT FORM THE CALIFORNlA STATE LIBRARY. Council adopted RESOLUTION NO. 97-524, accepting a $5,000 Infopeople grant from the California State Library. ( 35 74 84 68 39 68 26 0 a July 8,1997 CITY COUNCIL Page 2 2. AB #14,250 - REOUEST FOR AUTHORITY TO DESTROY FILES. Council adopted RESOLUTION NO. 97-525, authorizing the destruction of certain records kept by the City Attorney. 3. AB #14,253 - RENEWAL OF EXCESS WORKERS’ COMPENSATION INSURANCE. Council adopted RESOLUTION NO. 97-527, authorizing renewal of the City’s Excess Workers’ Compensation Insurance. 4. AB #14.25 1 - AWARD OF CONTRACT FOR PURCHASE OF WILDLAND FIRE PROTECTIVE GARMENTS. Council adopted RESOLUTION NO. 97-526, awarding the bid for Wildland Fire Protective Garments for the period July 1, 1997 through June 30, 1998. 5. AB #14,252 - CARLSBAD CONVENTION AND VISITORS BUREAU REPORT. This item was removed from the Consent Calendar. 6. AB #14,254 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City investment portfolio as of May 3 1 , 1997. ITEMS REMOVED FROM CONSENT CALENDAR: 5. AB #14,252 - CARLSBAD CONVENTION AND VISITORS BUREAU REPORT. Steve Link, Manager of the Carlsbad Convention and Visitors Bureau, 1616 Avenida Guillermo, Carlsbad, gave a brief overview of the Bureau’s recent activities and referenced several publications containing information about Carlsbad. ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the report for the period ended April 30,1997. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall PUBLIC COMMENT: Joan Kindle, 2622 El Aguila Lane, Carlsbad, volunteer curator for the Leo Carrillo Ranch invited the public to attend the Public Open House for the Leo Carrillo Ranch Park and outlined the scheduled events of the day. The Open House will be held on July 23, 1997, between 4:OO p.m. and 8:OO p.m., at the Carlsbad Senior Center, 799 Pine Ave., Carlsbad. PUBLIC HEARING: 7. AB #14,255 - BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY- POINSETTIA LANE). Galen Peterson, District Engineer, began the report by outlining the purpose and scope of the proceedings and public hearing. He then described the boundaries of the benefit area; explained the cost estimate; and described the cost allocation and fee apportionment to the benefit area. In conclusion, he stated there were currently protests received from property owners representing 7.7% of the area. 0 0 July 8,1997 CITY COUNCIL Page 3 Mayor Lewis opened the duly noticed Public Hearing at 6:30 p.m., and issued the invitation to speak. Bob Ladwig, Ladwig Design Group, Inc., 703 Palomar Airport Rd., Ste. # 300, Carlsbad, representing Monarch Communities - Assessment Parcel No. 212-040-53, referenced his letter dated July 2, 1997. He displayed an overhead exhibit and stated that they are not opposed to the formation of the District but are opposed to the amount of the fees. He outlined the contents of his letter and concluded stating that because Aviara Parkway will aid in the circulation in Emerald Ridge East, Monarch is willing to pay appropriate fees for Aviara, but Poinsettia Lane provides no access or benefit to their property. Philip Bettencourt, 30012 Ivy Glen, Laguna Niguel, CA., consultant to Monarch Communities, concurred with Mr. Ladwig’s presentation and statements, and stated that they would be in favor of the District if there is a balance of equities. Guy Moore, 6503 El Camino Real, Carlsbad, stated his opposition to the Bridge and Thoroughfare District and presented a copy of his statement to the City Clerk. Jim McClurkin, 6625 Curlew Terrace, Carlsbad, requested more detailed information regarding fees and proposed roads before he and his neighbors will be able to state whether or not they are in favor of, or opposed to, the formation of a Bridge and Thoroughfare District. He stated the builder, Greystone, told him that an extension of Poinsettia would have no effect on his property. Greg Saska, 672 1 El Camino Real, Carlsbad, referenced a letter dated July 4, 1997, written by his mother Isabel Saska, (a copy of which is on file in the City Clerk’s office), and voiced his opposition to the formation of the District if the road (Poinsettia Lane) cuts through his mother’s property. Mike Krak, 6609 Curlew Terrace, Carlsbad, voiced his concerns regarding the extension of Poinsettia Lane, including the construction of bridges and the planting of trees and shrubs as noise attenuators. He also spoke of his concern regarding the drainage easement on his property. Jack Henthorn, 543 1 Avenida Encinas, Suite “J”, Carlsbad, representing Greystone Homes, Ocean Bluff Partnership, PacWest Group., and Western Pacific Housing, spoke in support of the formation of the District and urged Council to follow the recommendations of staff. Sylvia Martinez, 1770 Fourth Ave., San Diego, representing the MAAC Project who has a purchase option of the Laurel Tree property directly adjacent to Aviara Parkway, spoke in support of the District and its fee structure. Dennis Cunningham, 21 11 Palomar Airport Rd., Carlsbad, representing two property owners in Zone 21, expressed their support of the Bridge and Thoroughfare District. Since no one else wished to testifl, Mayor Lewis closed the Public Hearing at 7:OO p.m. Staff responded to questions and stated there is not an adopted alignment for Poinsettia, but it will occur through the public hearing process during the next year. Following responses to Council query, Mr. Peterson reported there was a total of 7.8% protest to the District. Mayor Lewis, with consent of Council, re-opened the Public Hearing at 7: 17 p.m., to allow further testimony. r- 0 a July 8, 1997 CITY COUNCIL Page 4 Marion Steiner, 6675 El Camino Real, Carlsbad, firmly opposed the formation of the District and stated that it appears that the road (Poinsettia Lane)will split her property in half, with the road running directly under her bedroom window. She expressed her frustration with the City and stated they have been unable to do anything with their property for the last 7 years since the alignment of Poinsettia hasn’t been determined; and now the City is saying it will be another year before the alignment is determined. Since no one else wished to testify, Mayor Lewis closed the Public Hearing at 7: 19 p.m. Mr. Peterson reported that there was now a protest from owners representing 8.06% of the area. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97-528, overruling and denying protests and establishing the Bridge and Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane) to finance the costs of major public improvements in the City. ADJOURNMENT TO HOUSING AND REDEVELOPMENT COMMISSION MEETING: Council adjourned to the Housing and Redevelopment Commission Meeting at 7:23 p.m. and reconvened at 8:38 p.m. with all Members present. ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Carlsbad Municipal Water District Meeting at 8:38 p.m. and reconvened at 9:05 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 44 8. AB #14,256 - SELECTION OF UNDERWRITER. 45 ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-529, directing staff to negotiate a contract for underwriting services with Dean Witter Reynolds, and appropriating funds for bond issue related services. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 26 9. AB #14,257 - ACCEPTANCE OF BIDS FOR SALE OF BONDS FOR THE CARLSBAD RANCH ASSESSMENT DISTRICT NO. 95-1. Financial Management Director Jim Elliott gave the staff report on the matter. He stated 2 bids were received today: One bid was from Smith Barney at a net interest cost of 5.84% and the second from Prudential at 5.90%. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-530, accepting bid for sale of bonds, accepting terms and conditions, approving form of bond documents and authorizing issuance of special assessment bonds for the Carlsbad Ranch Assessment District No. 95-1, with the insertion of the name of Smith Barney, in Section 4 of the Resolution. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall .. .I 0 e July 8,1997 CITY COUNCIL Page 5 10. AB 14.258 - SUPPORT FOR TKE PURCHASE OF THE LAUREL TREE SITE FOR 113 DEVELOPMENT OF AFFORDABLE FOR-SALE CONDOMINIUMS. (SDP 95-1) Sylvia Martinez, 1770 Fourth Avenue, San Diego, CA., representing the MAAC Project, urged the Council to adopt this Resolution to keep the Laurel Tree site as a site for affordable housing, as recommended by staff. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97-531, approving actions recommended by the Housing Commission to provide support for the purchase of the Laurel Tree Site and development of affordable for-sale condominiums as an alternative to the Laurel Tree Affordable Apartments, in the event that the apartment project does not receive necessary financing through the tax credit program. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall 97 11. AB #14,259 - REALIGNMENT OF CARLSBAD BOULEVARD FROM MANZANO DRIVE TO BATIOUITOS LAGOON. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97-532, approving the Carlsbad Boulevard realignment action plan and appropriating Transnet Local Funds for design and planning studies on the eastern alignment. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall COUNCIL REPORTS: None CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of July 8, 1997, was adjourned at 9:55 p.m. Respectfully submitted, Q&f?t%.p rh)ais-pdrl ALETHA L. RAUTENKRANZ City Clerk