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Home My WebLink About1998-06-16; City Council; Minutes (2)Y 0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 16,1998 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: 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: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis LEGISLATIVE INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. 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 May 19, 1998 Minutes of the Regular Meeting held May 19, 1998 Minutes of the Special Meeting held May 26, 1998 PRESENTATION: Scott Moorhouse and Moi Arzamendi, representing Woodward-Clyde Consultants, presented the California Geotechnical Engineers Association Award for Outstanding Project of the Year for the Batiquitos Lagoon Enhancement Project to the City Council. CONSENT CALENDAR: Items #1 and #6 were removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #1-9, with the exception of Items #1 and #6, as follows: AYES: Lewis, Finnila, Nygaard, Kulchin, Hall NOES: Lewis and Kulchin on Item #9 June 16,1998 0 CITY COUNCIL 0 Page 2 CONSENT CALENDAR (continued): WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14.715 - ACCEPTANCE OF DONATIONS. This item was removed from the Consent Calendar. 2. AB #14.716 - ELMWOOD HOUSE ADA IMPROVEMENTS - CONTRACT NO. FAC 98-2. Council accepted the work in accordance with Contract No. FAC 98-2 as complete and directed the City Clerk to record the Notice of Completion and to release the bonds thirty-five (35) days after recordation. 3. AB #14,717 - FINAL MAP FOR CARLSBAD TRACT 89-18, RANCHO VERDE UNIT 4. Council adopted RESOLUTION NO. 98-181, approving the Final Map for Carlsbad Tract 89-18, Rancho Verde Unit 4, and authorizing the City Clerk to process the map for recordation. 4. AB #14,718 - QUITCLAIM OF EXISTING ACCESS EASEMENT FOR RANCHO CARRILLO PARK. Council adopted RESOLUTION NO. 98-182, approving a quitclaim to Continental Ranch, Inc., for an access easement originally dedicated to the City for the Rancho Carrillo Park. 5. AB #14,719 - SUPPLEMENT TO STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT - SLTPP-5308. Council adopted RESOLUTION NO. 98-183, approving Supplement Nos. 024,025,026,027,028 and 029 to State and Local Transportation Partnership Program Master Agreement No. SLTPP-5308, providing funding for various transportation projects. 6. AB #14,720 - REIMBURSEMENT AGREEMENT WITH CARLSBAD RANCH COMPANY, L.P., FOR THE CONSTRUCTION OF HIDDEN VALLEY ROAD. This item was removed from the Consent Calendar. 7. AB #14,721- 1998 GROWTH MANAGEMENT PLAN TRAFFIC MONITORING PROGRAM. Council adopted RESOLUTION NO. 98-185, approving a consultant agreement with Valley Research & Planning Associates to perform the 1998 Growth Management Plan Traffic Monitoring Program. 8. AB #14,722 - HOUSING ELEMENT SELF-CERTIFICATION. Council directed the City Council’s representative to the SANDAG Board to vote approval of the Housing Element Self Certification Report, including the Principles and Guidelines contained within it, and directed staff to work towards the City’s qualification for housing element self-certification during the current and upcoming housing element cycles. June 16, 1998 0 CITY COUNCIL 0 Page 3 CONSENT CALENDAR (continued): 9. AB #14.723 - TIENDA DE LA ESOUINA - CT 91-6~2/CUP 91-4/SDP 91-6. Council adopted RESOLUTION NO. 98-186, granting the appellant’s appeal, in part, to add further conditions to the Conditional Use Permit and to deny all other relief and extending the Tentative Map and related permits for Tienda de la Esquina; and Adopted RESOLUTION NO. 98-187, declaring the City Council’s intention to study the repeal of Section 21.26.010(23) of the Carlsbad Municipal Code regarding service stations; and Adopted amended Council Policy No. 54, regarding the refund of appeal fees. AYES: Finnila, Nygaard, Hall NOES: Lewis, Kulchin ITEM REMOVED FROM THE CONSENT CALENDAR: 1. AB #14.715 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. 98- Recreation Opportunity Grants Program, the Youth Track Training Clinic, and the Stay ‘N’ Play Program. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall - 180, accepting donations of merchandise and financial contributions in support of the 6. AB #14,720 - REIMBURSEMENT AGREEMENT WITH CARLSBAD RANCH COMPANY. L.P., FOR THE CONSTRUCTION OF HIDDEN VALLEY ROAD. Mayor Pro Tem Finnila introduced a letter into the record, dated June 15, 1998, from Christopher Calkins of Carltas Company, clarifying the intent on page five of the agreement pertaining to the release of withheld funds (a copy of which is on file in the City Clerk’s Office). ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-184, approving a reimbursement agreement (incorporating the letter to Mr. Delaney dated June 15, 1998 clarifying the intent and understanding of the language on page 5); and appropriating funds for the construction of Hidden Valley Road north of Palomar Airport Road, authorizing an advance from the General Fund to the Golf Course Fund, and appropriating funds to the project account. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 0 June 16,1998 CITY COUNCIL 0 Page 4 PUBLIC COMMENT: Mayor Lewis stated that issue of Frost Avenue will not be considered during the public hearing for the Bridge and Thoroughfare District No. 3; therefore those wishing to comment on that issue should address the Council during this portion of the meeting. Fred Holzworth, 5 1 14 Frost Avenue, stated he was opposed to Frost Avenue being continued to Cannon Road with two access points onto Frost Avenue. He stated that the Evans Point developer should modify the plans, install an access point at one of the other dead-end streets, and leave Frost Avenue as two cul-de-sacs. Public Works Director Lloyd Hubbs stated that the Frost Avenue is a part of Village E of the Kelly Ranch Project. The project has been approved and has a tentative map; therefore the developer has a vested right to develop the project as approved. PUBLIC REARINGS: 10. AB #14,724 - BRIDGE AND THOROUGHFARE DISTRICT NO. 3 (CANNON ROAD WEST). Council Member Kulchin disqualified herself from participation on this item due to a potential conflict of interest. She left the dais at 6:20 p.m. Consulting Engineer Galen Peterson, gave a slide presentation overviewing the location of the proposed Bridge and Thoroughfare District in relation to the quadrants of the City. Mr. Peterson stated that the district is in the northwest quadrant, west of El Camino Real and north of Palomar Airport Road. Mr. Peterson further described the proposed improvements, identified the total costs, and sources of funding. Mr. Peterson introduced two letters into the record, one date June 15, 1998, from SDG&E and the other dated June 16, 1998, from Isobe, Haygeman, Johnson, and Krucke, both protesting the formation of the Bridge and Thoroughfare District (copies of which are on file in the City Clerk’s Office). Mr. Peterson stated that SDG&E’s protest amounts to 36.264% of the total district. However, the other party indicated in their letter that if they were not responsible for any part of the fee, they would offer no protest; therefore, their letter has not been considered as a protest by staff. City Clerk Lee Rautenlu-anz announced that the notice of the hearing had been given by mail, publication and posting, and that the appropriate Certificate of Compliance is on file in the City Clerk’s Office. Mayor Lewis opened the duly noticed Public Hearing at 6:27 p.m., and issued the invitation to speak. Frank Whitton, 2329 Master Road, Carlsbad, inquired regarding sewer connections in the Kelly Ranch Project. Mayor Lewis stated that the Kelly Ranch Project was not on the Council agenda, and was not being considered at this hearing. He recommended that Mr. Whitton speak with the Public Works Director about his concerns. In response to query, Mr. Peterson stated that Council has the authority to overrule up to 50% of the protests by area; therefore, the protest filed by SDG&E can be overruled and Council can proceed with the formation of the District. Mr. Peterson reported that the final percentage of protests received was 36.264%. June 16,1998 e CITY COUNCIL 0 Page 5 PUBLIC HEARING (continuedl: AB #14.724 (continued): Seeing no one else wishing to speak, the Public Hearing was closed at 6:3 1 p.m. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98- - 188, overruling and denying protests and establishing Bridge and Thoroughfare District No. 3 (Cannon Road West) to finance the costs of major public improvement in said City. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall Council Member Kulchin returned to the dais at 6:32 p.m. CARLSBAD MUNICIPAL WATER DISTRICT BOARD, HOUSING AND REDEVELOPMENT COMMISSION, AM) CITY COUNCIL JOINT MEETING: Mayor Lewis convened a Joint Meeting of the Carlsbad Municipal Water District Board, Housing and Redevelopment Commission, and City Council meeting at 6:32 p.m., and Council reconvened at 8:05 p.m., with all Council Members present. RECESS: Mayor Lewis declared a recess at 8:06 p.m., and Council reconvened at 8:15 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB#14,725 - CONSULTANT AGREEMENT WITH WOODWARD-CLYDE INTERNATIONAL AMERICAS FOR THE CARLSBAD BOULEVARD REALIGNMENT STUDY. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98- Americas, for the development of the Carlsbad Boulevard Realignment Study, and appropriating fhds from the General Fund Contingency Account. - 189, approving a consultant agreement with Woodward-Clyde International- AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 13. AI3 #14,726 - MEMORANDUM OF UNDERSTANDING WITH SANDAG FOR ELECTRICAL RESTRUCTURING. Steve Sachs, Principal Planner of SANDAG, with the aid of a slide presentation, gave an overview of the proposed power. ACTION; On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 190, approving a Memorandum of Understanding with the San Diego Association of Governments (SANDAG) for participation in a San Diego Regional Power Pool to implement the purchase of discounted electric power and related services; and authorizing the execution of a contract with Commonwealth Energy Corporation, the Regional Power Pool’s Energy Service Provider, for guaranteed savings on the monthly electricity bills of the City of Carlsbad. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall June 16,1998 a e Page 6 CITY COUNCIL ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Carlsbad Chamber of Commerce Sundowner, LEGOLAND Administrative Offices Ribbon Cutting, Wednesday, June 17, 1998,5:15 p.m., at One Leg0 Drive, Carlsbad. Carlsbad by the Sea Retirement Community Dedication Ceremony, Saturday, June 20, 1998, 2:OO - 4:OO p.m., at 2855 Carlsbad Boulevard, Carlsbad. COUNCIL REPORT§ AND COMMENTS: Council Members reported on the activities and meetings of some committees and sub-committee of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENT§: None. ADJOURNMENT. By proper motion, the Regular Meeting of June 16, 1998, was adjourned at 8:44 p.m., in memory of Lois Kleinschmidt, the fire department’s first secretary, who recently passed away. Respectfully submitted, (qy(&&J fl /.;ZJy ALETHA L. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk