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Home My WebLink About1998-10-13; City Council; Minutes, 0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 13,1998 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 Tem Finnila, Council Members Nygaard, Kulchin Absent: Hall ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Ground breaking Ceremony Carlsbad Unified School District’s newest Elementary School, Wednesday, October 14,1998, 9:30 a.m., at Pacific Rim Elementary School on Camino De Las Ondas and Hidden Valley Road, Carlsbad. Chamber of Commerce Voters Fonun, Thursday, October 15, 1998, 7:30 a.m., at the Raintree Restaurant, 755 Raintree Drive, Carlsbad. Mayor Lewis stated Item # 1 1 is a Public Hearing and since there were only four Council Members present, the applicant’s representative has requested that the item be continued. Mayor Lewis requested the representative to address Council. Bill Hofman, Hofman Planning Associates, 5900 Pasteur Court, Suite #150, Carlsbad, requested Item #11, Terraces at Sunny Creek, be continued to the first available meeting when a full Council would be present. City Manager, Ray Patchett stated the earliest possible date would be November 17, 1998. APPROVAL OF MINUTES: ACTION: On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were . approved as presented: Minutes of the Special Meeting held September 22,1998. Minutes of the Special Joint Meeting held September 22,1998. Minutes of the Regular Meeting held September 22,1998. Minutes of the Special Meeting held September 29,1998. AYES: Lewis, Finnila, Nygaard, Kulchin ABSTAIN: None ABSENT: Hall 0 0 October 13, 1998 CITY COUNCIL Page 2 CONSENT CALENDAR: Items # 1 y #2, and #3 were removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tern Finnila, Council affmed the action of the Consent Calendar, Items #1 through #8 with the exception of Items # 1 y #2, and #3 as follows: AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,879 - ACCEPTANCE OF DONATIONS. This item was removed fi-om the consent Calendar. 2. AB #14,880 - ACCEPTANCE OF DONATIONS. This item was removed fiom the consent Calendar. 3. AB #14,881- AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CHESTNUT AVENUE AND VALLEY STREET SIDEWALK IMPROVEMENT PROJECT - PROJECT N0.3391-4. This item was removed fi-om the consent Calendar. 4. AB #14,882 - APPROVAL OF LEUCADIA COUNTY WATERDISTRICT’S TRANSFER OF 1.0 MGD FROM THE ENCINA WATER POLLUTION CONTROL FACILITY. Council adopted RESOLUTION NO. 98-332, approving the Leucadia County Water District’s plan to permanently transfer up to 1 .O million gallons per day of secondq effluent from the Encina Water PoUution Control Facility to the Gafner Water Reclamation Facility for the purpose of water recycling. 5. AB #14,883 - APPROVAL OF LEASE WITH PALOMAR 46 FOR LIBRARY STORAGE. Council adopted RESOLUTION NO. 98-333, authorizing the Mayor to execute the lease agreement between the City of Carlsbad and Palomar #46, for library storage space at 2075 Corte del Nogal. 6. AB #14.884 - APPROVAL OF LEASE WITH PALOMAR 910 ASSOCIATES FOR PURCHASING WAREHOUSE. Council adopted RESOLUTION NO. 98-334, authorizing the Mayor to execute the lease agreement between the City of Carlsbad and Palomar 910 Associates Ltd., for a purchasing warehouse at 6351 Yarrow Drive, Suite C. 7. AB #14. 885 - AMENDMENT OF CONTRACT WITH CARLSBAD CONVENTION AND VISITORS BUREAU. Council adopted RESOLUTION NO. 98-335 authorizing the Mayor to execute a contract amendment between the City and the Carlsbad Convention and Visitor’s Bureau, for the reallocation of funds in various existing accounts. 0 0 October 13, 1998 CITY COUNCIL Page 3 8. AB #14,886 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR PALOMAR AIRPORT ROAD /I-5 RIGHT TURN LANE - PROJECT NO. 3268. Council adopted RESOLUTION NO. 98-336, approving plans and specifications and authorizing the City Clerk to advertise for bids for the construction of the Palomar Airport Roam-5 Right Turn Lane, Project No. 3268. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. AB # 14.879 - ACCEPTANCE OF DONATIONS. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 98- 329, accepting donations of eight thousand two hundred and ten dollars ($8,210) in merchandise and cash in support of the 20th Annual International Bodysurfing Championships. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None 2. AB #14.880 - ACCEPTANCE OF DONATIONS. ACTION: On motion by Council Member Kulchm, Council adopted RESOLUTION NO. 98- - 330 , accepting donations totaling one thousand one hundred fifty five dollars ($1 , 155) in support of the Kruger House Preschool Program. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None 3. AB #14,881- AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CHESTNUT AVENUE AND VALLEY STREET SIDEWALK IMPROVEMENT PROJECT - PROJECT N0.3391-4. June Anderson, 3350 Valley Street, Carlsbad, stated that the first ten feet of her property, in fiont of her home, will be used for sidewalk and parkway area. She further stated there would also be a retaining wall constructed. Because her driveway is very steep, she added, she is concerned as to whether or not she will be able to get into her garage once the sidewalk has been completed. Mr. Patchett stated that Traffic Engineer, Bob Johnson, would confer with her regarding her concerns. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-331, approving plans and specifcations and authorizing the City Clerk to advertise for bids for the Sidewalk Improvement Project on Chestnut Avenue and Valley Street, Project NO. 3391-4. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None I I I I 0 0 October 13, 1998 CITY COUNCIL Page 4 ORDINANCES FOR ADOPTION: 9. AB #14,887 - GENERAL PLAN. ZONING, AND LOW COASTAL PROGRAM CONSISTENCY PROJECT. PHASE I - ZC 97-01. Council Member Kulchin stated she had reviewed the tapes and could vote on this item and the next. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-450, amending Title 21 of the Carlsbad Municipal Code by an amendment to the zoning map to grant a zone change, ZC 97-0 1 , to change land use designations shown on the zoning map to be consistent with the general plan and local coastal program land use maps on various parcels located within the City of Carlsbad. AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None 10. AB #14,888 - COURTYARD BY MARRIOTT - SP-181(B) ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS-458, approving Specific Plan Amendment (SP-18 1(B), to modi@ the permit requirement provisions for hotel, motel, theater and other commercial uses within the Carlsbad Airport Center Specific Plan, on property generally located along the north side of Palomar Airport Road to the south, and west of Palomar Airport, in Local Facilities Management Zone 5. - AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None PUBLIC COMMENT: None PUBLIC HEARING: 1 1. AB #14.889 - TERRACES AT SUNNY CREEK - EIR 98-01/GPA 96-OUZC 96-0l/SP-l90(B)/LFMP 87- 1 S(B)ICT 96-02/SDP 97-02A'UD 96/02/HDP 96/02. Mayor Lewis asked if there was anyone in the audience that wished to speak on this item or who objected to it being continued to November 17,1998. Seeing no one wishing to speak, Mayor Lewis called for a motion to continue. ACTION: On motion by Mayor Pro Tem Finnila, Council continued this item to November 17, 1998. AYES: Lewis, Finnila, Nygaard, Kulchin - NOES: None Mayor Lewis adjourned to the meeting of the Housing and Redevelopment Commission at 6:09 p.m. Council reconvened at 6:27 p.m., with four Council Member present and Council Member Hall absent. / 1 0 0 October 13, 1998 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: 12. AB #14.890- THIRD GENERAL PLAN AMENDMENT OF 1998. Assistant Planning Director, Gary Wayne, stated that based upon the continuance of the Terraces at Sunny Creek project, and the fact that the Marriott Hotels are anxious to get started in the process of getting Courtyard by Marriott under way, staff is recommending Council act on the third General Plan Amendment for 1998 at this time by deleting Terraces at Sunny Creek from the Resolution. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-338, approving the third General Plan Amendment of 1998, amended by the deletion of all references to GPA 96-01 - Terraces at Sunny Creek. AYES: Lewis, Finnila, Nygaard, Kulchin - NOES: None 13. AB #14,891 - AWARD OF CONTRACT FOR DEMOLITION OF THE SPLIT PAVILION - PROJECT NO. 3615. Mayor Lewis stated that Council wants to see all of the plans and designs for the park area that will replace the Split Pavilion, before any of the work is done so there will be no misunderstanding as to what is going in there. Principal Civil Engineer, Walter Brown explained the circumstances leading to the disqualification of the lowest bidder on this project. He also discussed two options, regarding time frames, for the demolition. Tom Mulligan, 1604 Chestnut Avenue, Carlsbad, stated he is the third bidder, and the only one that met all of the stated bid requirements. He stated the project should either be re-bid or awarded to him. Marty Smith, 608 Seacliff Way, Oceanside, Excavating Engineers, stated that the addendum from the City was never received at his office and therefore was not included in their bid. He further stated that the City should overlook the omission of the addendum and award the contract to Excavating Engineers, since they would include that item at no additional charge. Jim Baldwin, 2469 Impala Dnve, Carlsbad, J. C. Baldwin Co., stated he was available to answer questions. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98-339, accepting bids and awarding a contract for $123,362 to J. C. Baldwin Construction Company for the Demolition of the Split Pavilion, Project No. 3615. - AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. I I I I a e October 13, 1998 CITY COUNCIL Page 6 CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of October 13, 1998, was adjourned at 7:OO p.m. Respectfully submitted, (jJ%Zb??+ ALETHA L. RAUTENKRANZ City Clerk