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HomeMy WebLinkAbout1997-08-26; City Council; Minutes (2)0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 26,1997 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER. Mayor Lewis called the Meeting to order at 6:25 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Mayor Lewis, Mayor Pro Tem Finnila, Council Members Nygaard, and Hall Absent: Council Member Kulchin APPROVAL OF MINUTES: On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meeting held on August 5, 1997 Minutes of the Regular Meeting held on August 5, 1997 PRESENTATIONS: Mayor Lewis presented a proclamation to Officer Robert Wick, who was selected as Carlsbad’s 1997 Police Officer of the Year. Police Chief Vales announced that Officer Wick had also been selected as Officer of the Year for San Diego County. ANNOUNCEMENTS: Mayor Lewis announced that the Council Members have been invited to attend, and may be participating in the following events: Chamber of Commerce, State of the City Video Luncheon, to be held on Wednesday, August 27, 1997 from 11:30 a.m. to 1:30 p.m., at Aviara Four Seasons Hotel, 7100 Four Seasons Point, Carlsbad. Presentation by Assemblyperson Pat Bates, to be held on Wednesday, August 27, 1997 at 6:30 p.m., at the Raintree Restaurant, 755 Raintree Drive, Carlsbad. 3 5 9 4 3 3 05 5 3 0 0 August 26,1997 CITY COUNCIL Page 2 CONSENT CALENDAR: Items #1 and #7 were removed from the Consent Calendar. On motion by Mayor Pro Tern Finnila, Council unanimously affirmed the action of the Consent Calendar, Items #2 through #13, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,303 - APPROVAL OF CONSTRUCTION SERVICES AGREEMENTS FOR THE CITY LIBRARY PROJECT. This item was removed from the Consent Calendar. 2. NUMBER NOT USED. 3. AB #14,305 - APPROVAL OF AN INTERIM COASTAL SAGE SCRUB TAKE PERMIT. Council adopted RESOLUTION NO. 97-569, approving an interim Coastal Sage Scrub Take Permit for CT 89-19/PUD-87, The Meadowlands, and subtracting 1.3 acres from the City’s 5% allocation. 4. AB #14,306 - AWARD OF CONTRACT FOR STREET SWEEPING SERVICES. Council adopted RESOLUTION NO. 97-570, accepting bids and awarding Contract No. CS 97-5 to Cannon Pacific Services for street sweeping services for the period of September 1,1997 through June 30,1998. 5. AB #14.307 - AMENDMENT OF CITY COUNCIL POLICY NO. 44 - GUIDELINES FOR THE DEVELOPMENT OF SMALL LOTS. Council adopted RESOLUTION NO. 97-571, amending Council Policy No. 44, and adding a new “Procedure” section to allow the City Council or Planning Commission flexibility in approving projects which satisfy the intent, if not the specific criteria contained in the policy. 6. AB #14,308 - APPROVAL OF THE 1997-98 SUBRECIPIENT AGREEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Council adopted RESOLUTION NO. 97-572, approving the 1997-98 Subrecipient Agreements for Federal Community Block Grant Funds with Meals on Wheels, EYE Counseling & Crisis Services, YMCA Oz North Coast, Community Resource Center, Fraternity House, North County Council on Aging. 7. AB #14.309 - APPROVAL OF THE FINAL MAP FOR CT 93-3, POINSETTIA HILL. This item was removed from the Consent Calendar. 50 29 55 45 93 93 93 45 93 45 0 0 August 26,1997 CITY COUNCIL Page 3 CONSENT CALENDAR CONTINUED: 8. AB #14,310 - AMENDING THE 1997-98 BUDGET TO REFLECT A CLASSIFICATION CHANGE IN THE FINANCE DEPARTMENT. Council adopted RESOLUTION NO. 97-574, amending the 1997-98 budget by deleting one vacant Accountant position and adding a Senior Accountant position in the Finance Deparhnent. 9. AB #14,311 - APPROVAL OF THE SHORT TERM CONTRACT EXTENSION FOR SOLID WASTE SERVICES. Council adopted RESOLUTION NO. 97-575, authorizing the City Manager to execute a two month extension of the solid waste services contract with Coast Waste Management, Inc. 10. AB #14.312 - APPROVAL OF PLANS AND SPECIFICATIONS, APPROPRIATION OF FUNDS, AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE NORTH BATIOUITOS SEWAGE FORCE MAIN REPLACEMENT, CONTRACT NO. 34521134522. Council adopted RESOLUTION NO. 97-563, approving the plans and specifications, appropriating funds, and authorizing advertisement of the notice inviting bids for the construction of the North Batiquitos Sewage Force Main replacement, CMWD Project NO. 85-401. 11. AB #14,313 - APPROVAL OF PLANS AND SPECIFICATIONS, APPROPRIATION OF FUNDS, AUTHORIZATION TO ADVERTISE FOR BIDS FOR REACH 5A VISTNCARLSBAD INTERCEPTOR SEWER REPLACEMENT, CONTRACT NO. 31821/35331. Council adopted RESOLUTION NO. 97-564, approving the plans and specifications and authorizing the advertisement of the notice inviting bids for the construction of the Reach 5A VistalCarlsbad Interceptor Sewer replacement, CMWD Project No. 94-101. 12. AB #14,314 - APPROVAL OF CONSULTANT AGREEMENT FOR THE VISTNCARLSBAD INTERCEPTOR SEWER REPLACEMENT AND SOUTH CARLSBAD VILLAGE STORM DRAIN, CONTRACT NO. 3 1821135281. Council adopted RESOLUTION NO. 97-565, approving a consultant agreement with Woodward-Clyde International-Americas to provide a geotechnical investigation for the Vista/Carlsbad Interceptor Sewer, CMWD Project No. 91-403, and South Carlsbad Village Storm Drain Project. 13. AB #14,315 - APPROVAL OF CONSULTANT AGREEMENT FOR REACHES VC5 THROUGH VC8 FOR THE VISTNCARLSBAD INTERCEPTOR SEWER REPLACEMENT, CONTRACT NO. 3 1821. Council adopted RESOLUTION NO. 97-566, approving a consultant agreement with Malcolm Pirnie, Inc. to design plans and specifications for Reaches VC5 through VC8 for the Vista/Carlsbad Interceptor Sewer replacement, CMWD Project No. 91-403, Contract No. 31821. e 0 August 26,1997 CITY COUNCIL Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR: 63 1. AB #14,303 - APPROVAL OF CONSTRUCTION SERVICES AGREEMENTS FOR 45 THE CITY LIBRARY PROJECT. The City Attorney advised Council that a change in wording needed to be made to the contract with Bilbro & Griffin on page 3, paragraph 3.A., by the modification of the third sentence to read “Contractor shall have the authority to qqweve recommend approval of individual construction change orders. . . ”. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-567, approving an agreement for construction management services with Bilbro & Griffin, as amended, and an agreement for construction materials testing and inspection services with LawKrandall for the City Library project. AYES: Lewis, Finnila, Nygaard, and Hall 99 7. AB #14,309 - APPROVAL OF THE FINAL MAP FOR CT 93-3, POINSETTIA HILL. Guy Moore, 6503 El Camino Real, Carlsbad, spoke in opposition to the approval of the Final Map for CT 93-3 and requested that the City be required to have a cost estimate prepared by an authoritative neutral engineering organization for the County of San Diego’s 1969 Alternate Route location for Poinsettia Lane. Mr. Moore presented a copy of his statement to the City Clerk. Scot Sandstrom, 2385 Camino Vida Roble #107, Carlsbad, representing Western Pacific Housing, thanked the Council and staff for their time on this project, and requested approval. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-573, approving the Final Map for CT 93-3, Poinsettia Hill. AYES: Lewis, Finnila, Nygaard and Hall PUBLIC COMMENT: Duane Bernard, 1529 Vanessa Circle, Encinitas, stated that he had been asked by several Carlsbad business owners and concerned residents to be at tonight’s meeting to raise the issue of high gasoline prices. Mr. Bernard distributed a report to the Council entitled Divorce Big Oil, outlining why gas prices are higher in San Diego than in the Los Angeles basin and what the Council can do. A brief overview of the document was given and Mr. Bernard requested that Council adopt an ordinance entitled “Retail Divorce and Fair Wholesale Pricing” as outlined in Section 8 and 9 of the report. Ron Howeth, 1145 Carlsbad Village Drive, Carlsbad, stated that he was in support of the Council adopting an ordinance divorcing big oil companies. Mr. Howeth mentioned that he was the owner of the Shell Station across from City Hall, and would be available to meet with any of the Council Members, staff or the public to discuss this issue in further detail. 0 e August 26,1997 CITY COUNCIL Page 5 PUBLIC HEARING: 20 14. AB #14,316 - CONDEMNATION OF PROPERTY FOR CASSIA ROAD 99 IMPROVEMENTS. Mayor Lewis opened the Public Hearing at 6:55 p.m., and issued the invitation to speak. Tony Bons, property owner, 25709 Hillcrest Avenue, Escondido, stated he protested the “taking” of his property. He said this condemnation would take approximately 20% of his 6 % acres. He also stated that he had protested the alignment of Cassia Road in 1994, and he still protests the alignment. Bill Effinger, 2502 Navarra #221, Carlsbad, stated this is an issue of equity, which is resolvable. He noted that his involvement in this project is that he has sold Mr. Bons’ property to a developer. He requested a time extension of at least 60 days to allow for additional negotiations. Sandra Brower of Sullivan, Wertz, McDade and Wallace Law Finn, 945 Fourth Avenue, San Diego, stated that the focus of tonight’s hearing is one of necessity. Council is to determine whether the property sought on the Bons’ property is for public necessity and that it is one that will cause the greatest public good and the least private injury. Ms. Brower requested that Council take time to determine if this is the best situation for all parties involved, and again look at the alignment of the road. Brian Regan, representing Manitoo Engineering, 350 W. Ninth Avenue, Suite B, Escondido, distributed a map proposing an alternate alignment (a copy of which is on file in the City Clerk’s Office) which would take the existing westerly terminus of Cassia Road and project it along the common property line. Mr. Regan requested that Council not proceed with condemnation, and let this alternate alignment be considered in the negotiations with Western Pacific. Scot Sandstrom, Western Pacific Housing, 2385 Camino Vida Roble #107, Carlsbad, stated that negotiations have been going on with Mr. Bons and his representatives since February. Mr. Sandstrom explained that Western Pacific had offered $36,000 for the land, $20,000 for an accommodation fee, and $15,000 in physical improvements. He urged Council to move forward in authorizing the condemnation of property for Cassia Road improvements. Guy Moore, 6503 El Camino Real, Carlsbad, spoke in opposition to the condemnation of property for road improvements and to the alignment of the road. Mr. Moore presented a copy of his statement to the City Clerk. Gene Carl, 6670 El Camino Real, Carlsbad, lessor of the property, stated that what the developer is offering is less than half of what is being taken away from his income. Jack Henthorn, 543 1 Avenida Encinas, Suite J, Carlsbad, representing Western Pacific Housing, explained the history of the project and the road alignment. He asked that Council take action to culminate the discussions and negotiations that have taken place over a period of time and re- affirm the alignment of this road allowing the project to go forward and be constructed. Seeing no one else wishing to speak, Mayor Lewis closed the Public Hearing at 7:37 p.m. e 0 August 26,1997 CITY COUNCIL Page 6 PUBLIC HEARING CONTINUED: ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-576, authorizing and directing the condemnation of road rights- of-way for Cassia Road west of El Camino Real. AYES: Lewis, Finnila, Nygaard, Hall RECESS: Mayor Lewis declared a recess at 7:40 p.m. and Council reconvened at 7:50 p.m., with four Council Members present and Council Member Kulchin absent. CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 7:52 p.m., and reconvened at 8:25 p.m., with four Council Members present and Council Member Kulchin absent. CARLSBAD PUBLIC IMPROVEMENT CORPORATION: Council adjourned to the Carlsbad Public Improvement Corporation Meeting at 8:26 p.m., and reconvened at 8:27 p.m., with four Council Members present and Council Member Kulchin absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 81 15. AB #14,317 - THE HOSP GROVE PROJECT CERTIFICATES OF PARTICIPATION REFUNDING ISSUE. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97-577, authorizing the preparation, sale and delivery of not to exceed $7,000,000 principal amount of refunding certificates of participation (Hosp Grove Project) Series 1997 and approving certain documents and authorizing certain actions in connection therewith; with instructions to staff to include funds in the budget each year for payment into a Defeasance Escrow Account. AYES: Lewis, Finnila, Nygaard, and Hall 71 16. AB #14,318 - ESTABLISHMENT OF A NINETY MINUTE TIME LIMIT IN THE SWIM COMPLEX PARKING LOT. The City Attorney recommended the Ordinance be amended to replace the words “the 36” with the word “all”. I/ /I /I I/ I/ 0 0 August 26,1997 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-417, amending the Carlsbad Municipal Code to designate “Ninety-Minute Parking 24-hours Per Day Seven Days Per Week” for all parking spaces in .the Carlsbad Community Swim Complex parking lot located on Monroe Street; and Council directed staff to conduct a public information program to notify students of the restriction. AYES: Lewis, Finnila, Nygaard, and Hall 93 17. AB #14,319 - REPORT ON THE DEVELOPMENT OF A STORMWATER PUBLIC INFORMATION PROGRAM. Council heard staffs presentation and viewed the video “Luck isn’t enough - The Fight for Clean Water”. 28 18. AB #14,320 - APPOINTMENTS TO THE CARLSBAD PERSONNEL BOARD. ACTION: By consensus, this item was continued to the Regular Meeting of September 2, 1997, when the full Council is present. DEPARTMENTAL AND CITY MANAGER REPORTS CONTINUED: 28 19. AB #14,321- APPOINTMENTS TO THE SISTER CITY COMMITTEE. ACTION: By consensus, this item was continued to the Regular Meeting of September 2, 1997, when the full Council is present. 63 20. AB #14,322 - APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES. ACTION: By consensus, this item was continued to the Regular Meeting of September 2, 1997, when the full Council is present. 28 21. AB #14,323 - APPOINTMENT TO THE BEACH EROSION COMMITTEE. ACTION: By consensus, this item was continued to the Regular Meeting of September 2, 1997, when the full Council is present. 103 22. AB #14,324 - APPOINTMENTS TO THE TRAFFIC SAFETY COMMISSION. ACTION: By consensus, this item was continued to the Regular Meeting of September 2, 1997, when the full Council is present. e August 26,1997 e CITY COUNCIL Page 8 COUNCIL REPORTS: Council Members reported on the activities and meetings of some committees and sub- committees of which they are members. CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of August 26, 1997, was adjourned at 9: 10 p.m. Respectfully submitted, City Clerk