HomeMy WebLinkAbout1998-05-19; City Council; Minutes0 0
MINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 19,1998
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: Council Chambers
CALL TO ORDER Mayor Pro Tem Finnila called the Meeting to order at 6:05 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Hall, Nygaard, Mayor Pro Tem Finnila
Absent: Mayor Lewis
LEGISLATIVE INVOCATION was given by Mayor Pro Tem Finnila.
PLEDGE OF ALLEGIANCE was led by Council Member Kulchin.
APPROVAL OF MINUTES:
ACTION: On motion by Council Member Nygaard, the Minutes of the following meetings
were approved as presented:
Minutes of the Special Meeting held May 5, 1998
Minutes of the Regular Meeting held May 5, 1998
Minutes of the Joint Special Meeting held May 5, 1998
AYES: Finnila, Nygaard, Hall
ABSTAIN: Kulchin
ABSENT: Lewis
PRESENTATIONS:
Mayor Pro Tern Finnila introduced the members of the Valley Jr. High School String Quartet, led by Vi
Panman. A musical presentation was given by the quartet.
Council Member Kulchin read a proclamation commending Congressmen Packard and Cunningham for
their efforts in securing the federal funding for beach sand replenishment.
Mayor Pro Tem Finnila presented a proclamation to Chuck Mitchell, declaring the week of May 17 - 23,
1998, as "National Public Works Week".
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ANNOUNCEMENTS:
Mayor Pro Tem Finnila announced that Council Members have been invited to attend, and may be
participating in the following event:
City of Carlsbad Southwest Quadrant Community Forum, Tuesday, May 26, 1998, 7:OO p.m., at
the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad.
CONSENT CALENDAR:
Council Member Kulchin removed Item #1 from the Consent Calendar.
ACTION: On motion by Council Member Nygaard, Council affirmed the actions of the
Consent Calendar, Items #1-5, with the exception of Item #1, as follows:
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Lewis
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #14,678 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION
OF POINSETTIA PARK PHASE 1 -A.
This item was removed from the Consent Calendar.
2. AB #14,679 - AWARD OF CONTRACT FOR THE VISTNCARLSBAD GRAVITY
INTERCEPTOR SEWER PIPELINE CLEANING CONTRACT.
Council adopted RESOLUTION NO. 98-147, accepting bids and awarding a contract to National
Plan Services for the VistaKarlsbad Gravity Interceptor Sewer Pipeline Cleaning Contract,
CMWD Project No. 97-108, Contract No. 34521C.
3. AB #14,680 - EXTENSION AND AMENDMENT TO AGREEMENT WITH TRANSTECH
ENGINEERS. INC., FOR COASTAL RAIL TRAIL PROJECT.
Council adopted RESOLUTION NO. 98-148, ratifying a third agreement and extension of
agreement between the City of Carlsbad and Transtech Engineers, Inc., for the continued
development of the Coastal Rail Trail Project.
4. AB #14,681 - ONE-TIME REIMBURSEMENT TO THE CARLSBAD WCH COMPANY,
L.P., FOR THE CONSTRUCTION OF MASTER DRAINAGE PLAN FACILITY CB AND CC.
Council adopted RESOLUTION NO. 98-149, approving a one-time reimbursement to the
Carltas Company for the construction of Master Drainage Plan Facility CB and CC.
May 19,1998 0 CITY COUNCIL 0 Page 3
CONSENT CALENDAR (continued):
5. AB #14.682 - REIMBURSEMENT AGREEMENT WITH CATELLUS RESIDENTIAL GROUP
FOR THE CONSTRUCTION OF POINSETTIA LANE FROM AVIARA PARKWAY TO
BLACKRAILROAD. (p~ 93-09)
Council adopted RESOLUTION NO. 98-150, approving a reimbursement agreement with the
Catellus Residential Group for the construction of Poinsettia Lane and authorizing the
appropriation of funds from the Bridge and Thoroughfare District No. 2 Fund to pay for the
construction of Poinsettia Lane.
ITEM REMOVED FROM THE CONSENT CALENDAR.
1. AB #14,678 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION
OF POINSETTIA PARK PHASE 1 -A.
ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO.
98-146, approving plans and specifications, and authorizing the City Clerk to
advertise for bids for the construction of Poinsettia Park Phase l-A, Project No.
3348.
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Lewis
ORDINANCE FOR ADOPTION:
6. AB #14,683 - AMENDMENT OF TITLE 1. CHAPTER 1.12 OF THE CARLSBAD
MUNICIPAL CODE.
ACTION: On motion by Council Member Nygaard, Council adopted ORDINANCE NO.
NS-448, amending Title 1 , Chapter 1.12 of the Carlsbad Municipal Code relating
to elections, to bring the City Code into compliance with state codes.
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Lewis
PUBLIC COMMENT:
Steve Kade, 3415 James Drive, Carlsbad, addressed the Council in regards to the cooperative articulation
between the school district and the City of Carlsbad. Mr. Kade stated that as a citizen of Carlsbad, he was
pleased to see this type of cooperation between agencies.
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PUBLIC HEARINGS:
7. AB #14,684 - AUTHORIZING THE CONDEMNATION OF PROPERTY FOR THE
POINSETTIA LANE EXTENSION AND BRIGANTINE DRIVE PROJECT.
Assistant City Engineer David Hauser gave the staff report and a slide presentation, stating that the
request for authority is to begin the condemnation proceedings on eight properties for the purpose of
constructing Poinsettia Lane Extension and Brigantine Drive Project. Staff stated that the additional
widening of Poinsettia Lane and the further extension of Poinsettia Lane to Black Rail Road is needed to
complete the Circulation Element of the General Plan, and to provide east/west access to the businesses
and residences located along Black Rail Road.
Mayor Pro Tem Finnila opened the duly noticed public hearing at 6:37 p.m., and issued the invitation to
speak.
Dick Freeland, Attorney, representing Asaro, Keagy, Freeland and McKinley, introduced two letters into
the record dated May 19, 1998, from the Law Offices of Palmieri, Tyler, Wiener, Wilhelm and Waldron,
LLP, representing Mr. and Mrs. William Baker and Mr. and Mrs. Joseph Rudvalis, opposing the adoption
of the resolution condemning property for the Poinsettia Lane Extension and Brigantine Drive Project
(copies of which are on file in the City Clerk’s Office).
Mr. Freeland summarized the letters stating the Rudvalis’ are opposed to the adoption of the resolution
based on the fact that the project is not a public use for which the powers of eminent domain may be
appropriately exercised; the project is for the private benefit of the Ocean Bluff developer; the public
interest and necessity do not require the proposed project as the project is not planned or located in a
manner that will result in the least private injury and the greatest public good; the City is incapable of
conducting a fair, legal and impartial hearing; the City has failed to make an adequate offer of
compensation; and that the proposed resolution of necessity is flawed with regard to the acquisition of
property or any interest therein as a “remnant” of property.
Seeing no one else wishing to speak, Mayor Pro Tem Finnila closed the public hearing at 6:44 p.m.
In response to query, Mr. Freeland stated that there was nothing in the letters that changes the facts of the
appropriateness of the resolutions; therefore, staff upholds their recommendation that Council adopt the
resolution.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
98-151, authorizing and directing the condemnation of certain real property
interests in the City of Carlsbad, State of California, for the Poinsettia Lane
Extension and Brigantine Drive Project and declaring the public necessity
thereof.
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Lewis
May 19,1998 e CITY COUNCIL 0 Page 5
CARLSBAD MUNICIPAL WATER DISTRICT BOARD MEETING:
Mayor Pro Tem Finnila adjourned to the Carlsbad Municipal Water District Board Meeting at 645 p.m.,
and Council reconvened at 6:46 p.m., with four Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
8. AB #14,685 - PRESENTATION BY CARLSBAD UNIFIED SCHOOL DISTRICT ON SCHOOL
FACILITIES AND FINANCING PLAN.
Superintendent of Schools Cheryl Ernst, gave a presentation on the districts school facilities and financing
plan.
9. AB #14,687 - BRIDGE AND THOROUGHFARE DISTRICT NO. 3 - CANNON ROAD WEST.
Council Member Kulchin stated this item and Item #10 directly affects a piece of property she owns;
therefore she disqualified herself from this item due to a conflict of interest; and left the dais at 7:20 p.m.
RECESS:
Mayor Pro Tem Finnila declared a recess at 7:20 p.m., and Council reconvened at 7:28 p.m., with three
Council Members present, and Mayor Lewis and Council Member Kulchin absent.
9. AI3 #14,687 - BFUDGE AND THOROUGHFARE DISTRICT NO. 3 - CANNON ROAD WEST.
(continued action)
Staff presented the Engineer’s Report and described the Boundary Map, the proposed improvements, and
the cost estimate.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
98-154, approving the Engineer’s Report, the map establishing Area of Benefit,
declaring the City’s intention to form a district, and setting June 16, 1998, as the
date for a public hearing on the formation of Bridge and Thoroughfare District
No. 3, Cannon Road West.
AYES: Finnila, Nygaard, Hall
NOES: None
ABSENT: Lewis, Kulchin
May 19,1998 0 CITY COUNCIL 0 Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS (continued):
10. AI3 #14,688 - RESOURCE AGENCY PERMITS AND MITIGATION MEASURES REOUIRED
FOR CANNON ROAD WEST.
Council Member Kulchin previously disqualified herself from this item due to a conflict of interest.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO.
98-152, authorizing the Mayor to execute permits from the California Department
of Fish and Game, the California Coastal Commission and the Army Corps of
Engineers for Cannon Road West, Project No. 3184; and
Adopted RESOLUTION NO. 98-153, establishing an Agency Fund for the Agua
Hedionda Lagoon Preserve, Project No. 3 184.
AYES: Finnila, Nygaard, Hall
NOES: None
ABSENT: Lewis, Kulchin
RECESS:
Mayor Pro Tem Finnila declared a recess at 8:08 p.m., and Council reconvened at 8:16 p.m., with four
Council Members present, and Mayor Lewis absent.
11. AB #14,689 - PROPOSED 1998-99 TO BUILDOUT CAPITAL IMPROVEMENT PROGRAM.
Senior Accountant Helga Stover and Assistant City Engineer David Hauser gave the staff report as
contained in the agenda bill.
Mayor Pro Tern Finnila introduced a letter into the record dated April 22, 1998, from the Batiquitos
Lagoon Foundation, requesting that the City purchase the trailer that houses their Visitor Center at a cost
of $18,000.
ACTION: On motion by Council Member Nygaard, Council accepted the report on the
proposed 1998-99 to Buildout CIP and set the public hearing for June 16, 1998.
AYES: Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: Lewis
COUNCIL REPORT§ AND COMMENTS:
Council Members reported on the activities and meetings of some committees and sub-committees of
which they are members.
CITY MANAGER COMMENTS: None.
May 19,1998 @ CITY COUNCIL @ Page 7
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT.
By proper motion, the Regular Meeting of May 19, 1998, was adjourned at 9: 13 p.m.
Respectfully submitted,
& L 2. JLGL
ALETHA L. RAUTENKRANZ ' idr?
City Clerk
Sherrie D. Worrell
Deputy City Clerk