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HomeMy WebLinkAbout1992-06-09; City Council; Minutes (2)0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: JUNE 9,1992 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Pro Tem Kulchin called the Meeting to order at 6:09 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, and Mayor Pro Tem Kulchin Absent: Mayor Lewis APPROVAL OF MINUTES: On motion by Council Member Nygaard, Minutes of the following meetings were approved as presented: Minutes of the Special Meeting held May 19, 1992. Minutes of the Regular Meeting held May 19, 1992. Minutes of the Adjourned Meeting held May 26, 1992. AYES: Kulchin, Larson, Stanton and Nygaard ABSTAIN: Kulchin (May 19, 1992, Minutes) PRESENTATIONS: Mayor Pro Tem Kulchin presented a Proclamation regarding "Hire-A-Youth Week' to George Lopez, of SER Jobs for Progress. Mayor Pro Tem Kulchin presented a Proclamation to the Carlsbad High School Girls' Varsity Basketball Team. The Proclamation was accepted by coaches John Duberville, Skip Russell and Gene Farrell. CONSENT CALENDAR: Item Nos. 4 and 8 were removed from the Consent Calendar. ACTION: On Motion by Council Member Larson, Council affirmed the action of the Consent Calendar, with the exception of Item Nos. 4 and 8, as follows: AYES: Kulchin, Larson, Stanton and Nygaard WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 134 0 0 74 74 81 86 28 45 96 81 97 June 9, 1992 Page 2 CONSENT CALENDAR: (Continued) 1. AB #11,721 - ADOPTION OF AMENDED CLASSIFICATION FOR HOUSING AND REDEVELOPMENT DIRECTOR POSITION. Council adopted Resolution No. 92-1 58, approving the amended classification for the Housing and Redevelopment Director position, and approving the salary range to be included in the Revised Management Salary Schedule. 2. AB #11,722 - AMENDMENT OF VARIOUS LIBRARY CLASSIFICATIONS AND RECLASSIFICATION OF TWO OTHER LIBRARY CLASSIFICATIONS. Council adopted Resolution No. 92-159, establishing six new classifications in the Library: Senior Circulation Supervisor, Circulation Supervisor, Library Clerk 1/11, Principal Librarian, Media Programming Specialist, and Library Services Specialist; changing the title of Librarian 111 to Senior Librarian; reclassifying the La Costa Branch Manager to Library Services Specialist and the Media Service Manager to Media Programming Specialist; and modifying the Management Salary Schedule and the General Employee Salary Schedule. 3. AB #11,723 - ACCEPTANCE OF DONATION. Council adopted Resolution No. 92-1 60, accepting a $1,000 donation from the Tournament of Champion Charities for the Paramedic Trust Fund. 4. AB #11,724 - FOREST CONSERVATION INITIATIVE. This item was removed from the Consent Calendar. 5. AB #11,725 - APPROVAL OF LEASE AGREEMENT FOR OFFICE SPACE FOR THE HOUSING AND REDEVELOPMENT DEPARTMENT. Council adopted Resolution No. 92-162, approving a lease with Carlsbad Equity Properties, for the use of Suites B and C located at 2965 Rooseveit Street, for office space for the Housing and Redevelopment Department. 6. AB #11,726 - REVISION TO CITY OF CARLSBAD 1992 TRAFFIC SIGNAL QUALIFICATION - LIST. Council adopted Resolution No. 92-1 63, approving the revised City of Carlsbad 1992 Traffic Signal Qualification List. 7. AB #11,727 - ACCEPTANCE OF DONATION. Council adopted Resolution No. 92-164, accepting a donation of $3,000 from Target Stores to help fund the Make-A-Circus. 8. AB #11,734 - NOTICE OF COMPLETION FOR STREETSCAPE PHASE IV - PROJECT NO. - 3346. This item was removed from the Consent Calendar. I33 0 a June 9, 1992 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: 86 4. AB #11,724 - FOREST CONSERVATION INITIATIVE. John Anawait, 541 1 Avenida Encinas, Suite 100, Carlsbad, spoke in opposition to the matter, and requested that Council delay action on the matter. He stated that the initiative attacks property rights, is not good public policy, and will severely impact the County financially. ACTION: On Motion from Council Member Larson, Council continued the matter for additional information. AYES: Kulchin, Larson, Stanton and Nygaard 97 8. AB #11,734 - NOTICE OF COMPLETION FOR STREETSCAPE PHASE IV - PROJECT NO. - 3346. Roger Peterson, 180 Cherry Avenue, Carlsbad, expressed concern that the acceptance of the project would interfere with future litigation and that various legal remedies would be lost. Acting City Attorney Ron Ball stated that approval of this item would not affect the contract with the artist, and recommended that the matter be approved. ACTION: On Motion from Council Member Stanton, Council adopted RESOLUTION NO. 92-1 67, accepting the construction of the Split Pavilion and associated street improvements as complete, and directing the City Clerk to record the Notice of Completion and release bonds in accordance with State Law and City Ordinances. AYES: Kulchin, Larson, Stanton and Nygaard PUBLIC COMMENT: Jerri S. Wolder, 5460 Carlsbad Boulevard, Carlsbad, requested that speakers addressing the Council be treated more courteously, be permitted to use all of their allotted time, and not be interrupted by the Chair during their comments. Hans Reindel, 7224 Columbine Drive, Carlsbad, requested information regarding how to obtain a waiver from the regulations imposed by Urgency Ordinance No. NS-203. Eric Ballner, 3878 Carlsbad Boulevard, Carlsbad, representing the Sand Bar Cafe, reported that they are attempting the raise funds for a fireworks display on July 5, 1992. He stated that if they are not able to put on the fireworks display this year, they recommend that the money collected be put in a trust fund for use next year. 13z a 0 June 9, 1992 Page 4 ORDINANCE FOR ADOPTION: 102 9. AB #11,728 - REVISION OF PRIMA FACIE SPEED LIMIT ON HOSP WAY. ACTION: On Motion by Council Member Stanton, Council adopted ORDINANCE NO. NS-202, establishing a prima facie 30 mile per hour speed limit on Hosp Way, from El Camino Real to Monroe Street. AYES: Kulchin, Larson, Stanton and Nygaard PUBLIC HEARING: 30 10. AB #11,729 - AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING UNREINFORCED MASONRY BUILDINGS. Mayor Pro Tem Kulchin opened the duly noticed public hearing at 7:02 p.m., and issued the invitation to speak. Jerry Peters, 224 Birmingham Drive, #1B, Cardiff, the owner of property at the corner of Carlsbad Village Drive and State Street addressed Council in opposition to the ordinance. He stated that he is not opposed to having the analysis of his building done, however, the adoption of this ordinance will be an economic burden on the property owners. Abel Garcia, 2960 State Street, Carlsbad, addressed the Council in opposition to the ordinance. Mr. Garcia explained that he would not be opposed to having the analysis of his building done, but that the estimates that he had gotten for reinforcement of the building will be more than he paid for the buildings. He stated that if this ordinance is approved, the property owners will need assistance to finance the improvements. Jeff Jones, Assistant Administrator, Carlsbad By The Sea Retirement Home, addressed Council on behalf of Uoyd Rochambeau, the Administrator of the facility in opposition to the ordinance. He read from a letter from Mr. Rochambeau stating that compliance with the ordinance would be costly and time consuming, and expressing concerns that the issuance of the Service of Order could result in the cancellation of insurance and/or large increases in premiums and could adversely affect loans or loan applications. The letter also noted that other cities have provided assistance to property owners in securing loans for retrofitting. Tom Richardson, 2568 State Street, Carlsbad, addressed Council. Mr. Richardson expressed concern about various parts of the ordinance. He stated that the recordation of the Service of Order would affect insurance policies and loan approval. He requested that language be added to the ordinance assuring property owners six months to obtain engineering plans, financing, and to determine the cost to complete the work. Leo Pacheco, 2946 State Street, Carlsbad, addressed Council. He stated that he had an engineer and architect look at his building, and that the estimates he received were more than the average shown by staff. He stated that the analysis of his building would cost approximately $1 0,000, and the cost to retrofit will cost anywhere from $60,000 to $1 50,000. He also stated that he had spoken to his bank about financing the retrofit improvements, and that they expressed little interest in financing the project, 13/ 0 e June 9, 1992 Page 5 PUBLIC HEARING: (Continued) 10. AB #11,729 - AMENDMENT OF CARLSBAD MUNICIPAL CODE REGARDING UNREINFORCED MASONRY BUILDINGS. Carol Anderson, 2940 State Street, Carlsbad, commented that the property owners who will be affected by this ordinance are the same ones who came to the rescue of the village area in 1983 and renovated the buildings for use. She stated that the costs incurred will not only be construction costs, but also costs of relocating tenants during the construction, and stated that the property owners will need assistance with the financing. She also requested assurances that they won't be required to retrofit the buildings again when the laws change. John Annawalt, 11 835 Spring Side Road, stated that he has been involved with this type of program in another jurisdiction. He stated that the average cost to retrofit at that time was $14.50 per foot, and added that other costs will be incurred by the property owners, such as the costs of reletting and relocating tenants, which could double or triple the total cost to the property owners. He added that a voluntary program will meet the requirements of SB 547, and urged Council to approve a voluntary program rather than a mandatory one. Mayor Pro Tem Kulchin closed the public hearing at 7:25 p.m. ACTION: On motion by Council Member Larson, the matter was continued to the meeting of June 23, 1992, to allow staff modify the ordinance to provide time for a voluntary analysis prior to issuing the Service of Order. AYES: Kulchin, Larson, Stanton and Nygaard Before adjourning to the Housing and Redevelopment Commission Meeting and the Carlsbad Municipal Water District Meeting, the following item was considered out of order: 24 11. AB #I 1,730 - ENROLLMENT IN THE STATE OF CALIFORNIA'S NATURAL COMMUNITIES 32 CONSERVATION PLAN (NCCP) PROGRAM. Carol Whiteside, Assistant Secretary for Intergovernmental Relations for the State of California Resources Agency, spoke in support of the City's efforts in habitat conservation management, and expressed her hope that the City would participate in the subregional conservation efforts. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 92-165, authorizing the City Manager to enroll the City of Carlsbad in the State of California's Natural Communities Conservation Plan (NCCP) Program. AYES: Kulchin, Larson, Stanton and Nygaard HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission Meeting at 7:44 p.m., and re- convened at 7:49 p.m., with four Members present and Mayor Lewis absent. 130 a a June 9, 1992 Page 6 CARLSBAD MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District Meeting at 7:50 p.m., and reconvened at 7:s p.m., with four Members present and Mayor Lewis absent. RECESS: Mayor Pro Tem Kulchin declared a Recess at 7:s p.m., and Council re-convened at 7:59 p.m., with four Members present and Mayor Lewis absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #11,730 - ENROLLMENT IN STATE OF CALIFORNIA'S NATURAL COMMUNITIES CONSERVATION PLAN (NCCP) PROGRAM. This matter was taken out of order and considered prior to the Housing and Redevelopment Commission and Carlsbad Municipal Water District Meetings. (See Page 5) 29 12. AB #1 1,733 - 1992-93 TO BUILDOUT CAPITAL IMPROVEMENT PROGRAM. Council received a presentation from staff on the 1992-93 to Buildout Capital Improvement Program. The Financial Management Director, Jim Elliott, also presented a report on the possible impacts of the State's budget crisis on the local budget process. Karen Campbell, 7141 Argonauta Way, Carlsbad, addressed Council regarding the intersection of Cazadero and Alga. She stated that the sight distance at the intersection is minimal, that the intersection is very dangerous, and that many accidents have already occurred there. She requested either the installation of a traffic signal, or that the intersection be limited to right turns only. Traffic Engineer Bob Johnson reported that staff will study the matter and the item will be placed on a future agenda for the Traffic Safety Commission. Wesley Radoycich, 2620 El Aguila Lane, Carlsbad, the Treasurer of the Friends of Carrillo Ranch, spoke in opposition to the recommendation to delay money for the restoration of Carrillo Ranch until the year 2002. He requested that Council allocate funds for preparation of a master plan. Kay Christiansen, 2802 Carlsbad Boulevard, Carlsbad, also requested that Council not delay further restoration of the Carrillo Ranch, and stated that deferment would be destructive to the property. It was the consensus of the Council that funds should be allocated as early as possible for the planning process for Carrillo Ranch. I 29 e 0 June 9, 1992 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 79 13. AB #11.731 - REVISION OF FEES FOR CITY SERVICES. Council received a presentation from staff on the proposed revisions to City fees. John Annawalt, 541 1 Avenida Encinas, Suite 100, Carlsbad, representing the Chamber of Commerce, spoke in opposition to the fee increases due to the adverse impact on small businesses. John Seymour, 6336 Greenwich Drive, #F, San Diego, representing the Construction Industry Federation, spoke in opposition to the fee increases requesting that the increases be delayed and reconsidered in one year, or when the economy improves. Lee Bohlmann, 541 1 Avenida Encinas, Suite 100, Carlsbad, representing the Chamber of Commerce requested that the fee increases be delayed until the economic climate improves, and also requested that the permit process be expedited. Council requested that staff look at the possiblity of a larger difference between resident and non-resident fees. 10 0 14. AB #11,732 - APPEAL OF DELINQUENT TRANSIENT OCCUPANCY TAX. Mr. Steven 8. Luxenberg, 13249 Cooperage Court, Poway, representing Rapp & Luxenberg Development, stated that it is the responsibility of the operators of a hotel to pay transient occupancy taxes, and that Rapp & Luxenberg have not operated the Carlsbad Seashore Resorts for two years. He also stated that Section 3.12.1 10 of the Carlsbad Municipal Code states that any liability is limited to three years. ACTION: By motion of Council Member Nygaard, Council adopted RESOLUTION NO. 92-1 66, affirming the determination of the City Tax Administrator that Rapp & Luxenberg be required to pay delinquent transient occupancy tax, interest and penalties. AYES: Kulchin, Larson, Stanton and Nygaard COUNCIL REPORTS: There were no reports given. ADJOURNMENT By proper motion, the Meeting of June 9, 1992, was adjourned at 9:43 p.m. Respectfully submitted, (2JmZL 2. e+ ALETHA L. RAUTENKRANZ City Clerk Karen R. Kundtz Assistant City Clerk /28.