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HomeMy WebLinkAbout1980-12-16; City Council; Minutes3.. COUNCIL p$& nF P Ti & $JpA && &.J Meeting of: CITY COUNCIL (Regular Meeting) Time of Neeting: 6:OO P.M. Date of Meeting: December 16,. 1980 Place of Xeeting:. Harding Street Community Center e.>. Im- CALL TO. ORDER was made by Mayor Packard at 6: 00 P.M. ROLL CALL was taken by the City Clerk: INVOCATTON was given by Mayor Packar.d PLEDGE OF ALLEGIANCE was led by Councilman Lewis. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the Regular Meeting, held November 18, 1980, .were approved as presented. Minutes of the Adjourned Regular Meeting, held November 24, 1980, were approved as pxesented. CQNSENT CALENDAR: Councilwoman Casler requested that Item No. 12 be removed from the Consent Calendar. A. J. Skotnicki, having filed the appropriate form, requested that Item No. 12A be removed from the Consent Calendar. The following items, with the exception of Item No. 12 and Item No. 12A, were .approved by one motion, affirming the action of the Consent Calendar: 1. WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the .text of all. ordinances and resolutions before Council at this meeting. C 1 .. (so) 2. AB #6450 - RATIFICATION OF DEMANDS. Council approved payment of demands against the City in the amount of $1,751;558.75 for the period December 1, 1980 to December 5, 1980; payroll demands in the amount af $244,985.29 for the,period November 24, 1980 to 'December 7, 198G; and Housing Authority demands in the amount of $47,061.27 for (81) 3. AB a6451 - GRANT OF EASEXENT - ENCINA' SEWAGk . the period December 1, 1980 t'o December. 5, 1980. TREATMENT PLANT: Council authorized the execution of an easement to SDGScE to relocate power lines to accommodate the new construction. 158) 4. AB #6452 - ARJIS FUNDS. Council adopted Resolution No. 6384, authorizing . the transfer of funds for Automated Regional Justice Information System (ARJIS) . . Page 2 (99) 5. AB 1,6439 - Supplement #l - CT 80-29/CP-lll, (1.13) APPLICANT: EVENT PROPERTIES. Council adopted Resolution No. 6385, approving tentative tract map (CT 80-29) and condominimp permit (CP-111) for a 6-unit condominium on property generaLly located on the east side of Cacatua Street north of Unicornio Street. (99) 6. AB 113481 - Supplement 1/24 - ACCEPTANCE OF IMPROVEMENTS, CT 76-18 , PLAZA CAMINO REAL. Council accepted the public improvements as completed, directed the Utilities/Maintenance Director to commence their maintenance, the City Clerk to record the Notice of Completion and (50) 7. AB 1,6453 - REQUEST FOR REFUNDS. Council approved the refunds to Anthony J. Xaloney for school fees in the sum of $2,482.00 and to Daniel L. Shafer for school fees in the sum of (48) 8. AB #6342 - Supplement 111 - RESULTS OF SPECIAL ELECTION HELD NOVENBER 4, '1'980 ON PUBLIC LOW COST HOUSING. 45) 9. AB 86302 - Supplement #2 - 1980-81 STREET 97) RESURFACING PROGRAM, CONTRACT NO. 1083. Council accepted the work, directed the City Clerk to record the Notice of Completion, and release bonds 35 days after recordation; approved retention residual funds in the street resurfacing account for street reconstruction of Paseo del Norte in Car Council adopted Resolution No. 6387, approving an amendment to State-City Agreement No.. 11-5308 to provide reimbursement for an emergency relief proje Council adopted Resolution No. 6388, accepting a bi dind authorizing the execution of a contract for the purchase of a tandem roller and trailer. Page 3 ITEMS REMOVED FRO?'. THE CONSENT' CALENDAR: Councilwoman Casler indicated she had requested this item removed from the Consent Calendar in that per discussions with the City Manager, the material did not contain all of the information reflected in Council directed this. matter continued until the information is supplied. 4.1) 12A. AB $16457 - SETTLEMENT OF CHRISTEVE V. CITY OF CARLSBAD LAWSUIT. Council recognized A. J. Skotnicki, 3535 .Beford Circle, Carlsbad, who indicated he had requested this item removed from the Consent Calendar to request clarification of the settlement. At the request: of Mayor Packard, the City Attorney gave a history of the matter, explaining that the proposed settlement was viable in view of the uncertainties in the City's ability to prevail. Council directed that the Mayor execute the settlement on behalf of the Cityanddirected the City Engineer to prepare .the appropriate documents to release the $14,500 from retention. ORDINANCES FOR ADOPTION : :L13) 13. AB $46435 - Supplement #l - LA COSTA NASTER PLAN Council adopted the .following Ordinance, with the inclusion of the Errata Sheet: ORDINANCE NO. 9570, APPROVING THE LA COSTA WSTER PLAN (MP-l49(E). 114)14. AB $16440 - WINDMILLS EXCEEDING HEIGHT LIMIT Council adopted the following Ordinance: ORDINANCE NO. 9571, AMENDING TITLE 21, CHAPTER 21.42 (CONDITIONAL USES) SECTION 21.42.010 OF THE CARLSBAD MUNICIPAL CODE WHICH EXCEED THE HEIGHT LIIIIT UPON APPROVAL OF A CONDITIONAL USE PERMIT. BY ADDING SUBSECTION (AA) TO ALLOW WINDIIILLS 102)15. AB $16443 - TEXPORARY CLOSING OF CITY STREETS FOR LOCAL SPECIALTY EVENTS. Council' adopted the following Ordinance: ORDINANCE NO. 3122 , AMENDING TITLE 10, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 10.57 TO PROVIDE FOR TEMPORARY CLOSING OF CITY STREETS FOR LOCAL SPECIALTY Page 4 (78) 16. AB $16445 - REGULATING DISTRIBUTION OF MATERIALS TO VEHICLES AND DEMONSTRATION EQUIPMENT, Council adopted the following Ordinance: ORDINANCE NO. 3123, AMENDING TITLE 8, OF THE CARLSBAD WNICIPAL CODE, BY THE ADDITION OF CHAPTER 8.18 TO REGULATE DEMONSTRATION EQUIPMENT AND BY THE ADDITION OF SECTIONS 8.28.050 AND 8.28.060 RELATING TO THE DISTRIBUTION OF MATERIALS T@ VEHICLES. PUBLIC HEARINGS: (1.07) 17. AB $/6423 - Supplement #1 - STREET VACATION OCEAN STREET. A staff report was presented by the City Manager indicating the required vacation documents have not been received from the property owner and.!. recommended the matter be continued to January 6, In accordance with staff recommendation, Council continued this matter to January 6, 1981. (105). 174 AB ik63.31 - Supplement #l - FUNDING FOR SEVENTH YEAR BLOCK GRANT PROJECTS. In accordance with staff reconnnendation, Council continued this matter to January 6, 1981. '(28) 18. HOUSING & Rl3DEVELOPMENT COMMISSION. . Council adjourned to the Housing & Redevelopment Commission at 6:22 P.M. Council reconvened at 6: 25 P.M., with all members DEPARTMENTAL & CITY MANAGER REPORTS: City Manager Council recognized Mr. Ken Reed, 1241 Elm Avenue, Carlsbad, who indicated he-was the attorney for th owners of Solamar, Lanakai and Rancho Carlsbad mob home parks. Mr. Reed explained that in addition t the agreements reached at the Rancho Carlsbad and Solamar parks, a similar agreement had been signed by the Lanakai owners, although time had not allow for approval by the park residents. Therefore, Mr Reed requested Council consideration of excepting this meeting. , these parks from any action taken by Council at COUNCIL Page 5 Council recognized Mr. Roy Ward, 1207 Elm Avenue, . Suite "D", who indicated he rep.res&nted the citizens of Carlsbad. Mr. Ward expressed the opinion that a further extension of the previously-imposed moratorium on mobile home park rents would discourage development of additional mobile Rome parks, and would serve the interests of current mobile home park residents to the detriment of the balance of the Council recognized Mr. Jim Clausen, residing at 2120 Janis Way, Carlsbad, who indicated he was the President of the Carlsbad Board of Realtors. Mr. Clausen expressed the opinion that if a rent control or rent regulation ordinance was adopted for mobile home parks, it would result in rent control for the entire City. Mr. Clausen requested that Council not adopt any ordinances for any form of rent control Council recognized Mr. Don Brown, Executive Vice- President of. the Carlsbad Chamber of Commercie, Box 1605, Carlsbad, who distributed copies of his December 15, 1980 letter to Council which co-ntained comments on the possible loss of federal funds to .cities who adopt rent control. form of arbitration. Council recognized Mr. Carl Neiswender, 3474 Don Jua Drive, Carlsbad, who indicated he was a member of th Mobile Home Owners ' Negotiation Committee of. Rancho Carlsbad, who detailed his written comments (Copy. . of which was distributed to and is on file in the office of the City Clerk. Mr. Neiswender emphasized his comments that the majority of residents in all mobile home parks exist on Social Security benefits and/or limited incomes, some of whom are widowed on fixed incomes and cannot pay rapid and large increas Mr. Neiswender requested that Council table all discussion at this time, extend the moratorium for 60 days and allow for formation of a committee to work with staff to draft an appropriate regulatory ordinance. .. De Council recognized Will Hall, 7217 San Miguel (Lake Shore Gardens), Carlsbad, who expressed agreement with the comments of Mr. Neiswender, also emphasizing that most residents are retired on limited budgets. Mr. Hall reported that the owners of Lake Shore Gardens have refused to meet with the residents in response to Council action of October 28, 1980 and requested that Council extend the moratorium. Council recognized ;Toe Bastone, 7225 San Lucas, Carlsbad, who expressed the opinion that the proposed regulatory ordinance did not ;place the residents in an equal position with the owners and therefore requested that Council extend the moratorium to allow appropriate revisions to be accomplished. Council recognized Mr. Milton Fradelis, 5452 Don Felipe Drive, Carlsbad, who indicateid he also month. In less than 4 years the rent has in.creased 100% and is not justified in view of Prop 13 which reduced the owners’ property taxes on the park from $100,000 to ,$63,000. the issue was the adoption of a permanent ordinance Mr. Pine requested tha.t Council extend the moratori to allow the opportunity to redraft an ordinance for- adoption. continue in the development of an ordinance. Mayor Packard suggested that Council consider extending the- moratorium, exempting ,. however, those parks where there is no dispute over rent increases to draft an appropriate reguB.&Gory ordinance. .. ... Page 7 In response to inquiry by Councilwoman Kulchin, as to whether an agreement meant a contractual agreement for settling disputes, or agreeing to a rent increase, Mayor Packard explained his proposal would allow disputes to be resolved under the terms of a signad".agqeement which would remove the park from the effects of a moratorium. Council then discussed whether any -agreed-upon rent increases resulting.under the terms of a contractual agreement should be retroactive and, if so, the appropriate- disposition of such funds in the interim and possible effects upon the residents. which those objecting to a rent increase does not exceed 50%. A motion was-made that in that park which has a contractual .agreement to-negotiate a settlement, that the increase be allowed and be-put into a trust fund until the agreement is settled. There was no second to the motion. Couhcilw.oman Casler subsequently withdrew the motion. A motion was made that rents remain as they-are un-' less resolved and retroactive to January 1, 1981. The motion died for lack of any second. A motion was made and seconded that the funds be placed in reserve and stay there until the issue is resolved. Following discussion and clarifica- - tion that there can be no rent ilrcreases when a moratorium exists, the motion maker, with the consent of the. second, withdrew the motion. be extended for 60 days in parks where disputes exist and with any agreed-upon rent. increases to be retroactive to January 1, 1981. During Council discussion and clarification, it was noted that specifically the moratorium be lifted in the Solamar and Lanakai parks and extended in the Lake Shore Gardens and- Rancho Carlsbad parks. Mayor Packard announced a recess at 8: 37 P .M. and Council reconvened at 8:51 P.M., with all members COUN L Page 8 The City Attorney expressed concerns with continuing the moratorium in that it denies the property owners their right to reasonable rent increases under the legal requirement to provide a prompt procedure for resolving disputes. Mr. Biondo expressed concern that when the just-extended moratorium expires in 60 days Council will be in the same position and that a dispute-resolving procedure was necessary. Mr Biondo recommended that Council provide the same. Council discussed options available at the end of 60 days, adoption of an ordinance, calling a special election, or doing nothing further. A motion was made that a committee be formed to provide input tnto the drafting of an ordinance. The motion died for lack of any second. In response to Council discussion, the City Attorney ,.explained his.suggestions €or revising the proposed ordinance to reflect prior- Council action and intent at thh meeting. - Council adopted the following Ordinance : ORDINANCE NO. 9572, EXTENDING THE'MORATORIUM ON RENTAL INCREASES ON MOBILEHOME SPACES WITHIN THE CITY OF CARLSBAD, with the follow- ing changes as articulated by the City Attorney: Page 1, Line 23 to reflect a 2 month period to expire February 28, 1981; Page 1, Line 27 to.add that any increase in rents reached in the interim shall be effective retroactive to January I, 1981; Page 2, Line 1, add to City findings that there is no dispute in the parks over a pending rent increase, with dispute being defined as a protest filed by 50% of 'the residents of Council made the finding that there is no dispute in- the Solamar and Lanakai mobile home parks. . .. Engineering ' (70) 20. AB #910 - Supplement $127 - COMMUNITY SWIM (45) COEPLEX - CONTRACT 1071. The staff report was presented by the City Engineer who, with the aid of wall exhibits illustrating the cost comparisons, detailed the solar and gas. options. Council adopted.the following Resolutions: RESOLUTION NO. 6391, AUTHORIZING THE TRANSFER OF FUNDS FOR THE CONSTRUCTION OF THE CO?QfUNITY SWIM COMPLEX. RESOLUTIDN NO. ,6392, ,ACCEPTING BIDS, REJECTING ONE BID, AND AUTHORIZING THE EXECUTION OF CONTRACT NO. 1071 FOR (28) 21. AB $16458 - AGRICULTURAL ADVISORY COMMITTEE. Agricultural Advisory Committee and adopted the fcllowing Resolution: . , RESOLUTION NO. 6393, CREATING AND ESTABLISHING THE AGRICULTURAL ADVISORY COMMITTEE. Councilman Lewis expressed an interest in serving as an alternate, if one is necessary. Council agreed that the Chairmanship of the Committee be selected from the committee, rather Council directed that Councilman Lewis serve as an a1ternat.e to the Agricultural Advisory Committee. City Attorney Council introduced the following Ordinance: ORDINANCE NO. 1236, AWNDING .TITLE 1, OF THE CARLSBAD WNICIPAL CODE, BY THE AMENDMENT OF CHAPTER 1.08 TO REVISE THE PENALTY FOR VIOLATION OF CITY The staff rep.ort was presented by the City Attorney who referenced that the amended lease, copies of which were distributed to Council immediately prior to this meeting I) e ” (7 Page 10 Mr. Biondo further explained additional changes, to wit: page 2, paragraph 1 under Section 3 will be leaft blhnk, with the understanding that the Parking Authority documents empower the Chairman of the Biondo indicated remaining terms of the lease are idential. Council introduced the following Ordinance: ORDINANCE NO. 1237, APPROVING THE FORMAL ACT OF ENTERING INTO A LEASE WITH THE PARKING AUTHORI.ZING OF THE CITY OF CARLSBAD. .Following a brief report by the City Attorney, Council adopted the following urgency ordinance: ORDINANCE NO. 3124, RECOGNIZING CURRENT TRAINING OF RESERVE POLICE OFFICERS AS SUFFICIENT TO MEET 1981 POST STANDARDS. COUNCIL REPORTS Housing & Redevelopment Councilman Anear reported on the results of the last meeting. Parks & Recreation Commission Councilman Lewis related the results of the last meeting. CPO Mayor? Packard reported on the establishment of ARJIS. NCTD - ADDITIONAL BUSINESS: Information Item A Council briefly discussed adoption of an appropriate modified Resolution for the City. Council adopted the following Resolution: RESOLUTION N0.6395, SUPPORTING PERMANENT BEACH RESTORATION BY THE U.S. ARMY CORPS OF ENGINEERS, such resolution substantially identiaal to Resolution 80-396 of the City, of Council of the City of Oceanside with the deletion of Paragraph 3 on Page 1 and Section 3 of Page 2;,--, Council additionally directed staff to continue research of possible information pertaining to a possible ordinance. CITY MANAGER ADDITIONAL BUSINESS: The City Manager reported that the Attorney General's Office has indicated their intention to do something about the silltation in Buena Vista Lagoon and who had requested the assistance of the City with regard to grading of the lagoon. ADJOURNMENT" Respectfully submitted, Anita D. Xurphy , Recording Secretary *Council Member Anear requested, and Council concurred, -that the minutes be amended to reflect that his opposition was not to the pool, but due to the fact he believed the pool construction and solar construction should be accomplished by different contractors due to the differences in the bids on the solar.