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HomeMy WebLinkAbout1993-05-18; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: May 18,1993 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: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tern Stanton and Mayor Lewis. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Stanton. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Special Meeting held May 4, 1993. Minutes of the Regular Meeting held May 4, 1993. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items 1 through 5, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. '8 1. AB #12,225 - AWARD OF CONTRACT FOR DISPOSAL OF VEHICLES SEIZED UNDER ASSET FORFEITURE LAW. Council adopted RESOLUTION NO. 93-149, awarding a contract for disposal of vehicles seized under Asset Forfeiture Law to Roger Ernst and Associates for a period of one year from June 1, 1993, through May 31, 1994, with an option to renew for two additional one-year periods. .I23 0 0 May 18, 1993 Page 2 CONSENT CALENDAR: (Continued) 64 2. AB #I 2,226 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. 45 Council adopted RESOLUTION NO. 93-142, initiating proceedings, ordering the Utilities and Maintenance Director to submit the Engineer’s Report, and approving a Special Counsel agreement with Brown, Diven and Hentschke; and adopted RESOLUTION NO. 93-143, approving the Engineer’s Report: and adopted RESOLUTION NO. 93-144, declaring intention to provide for the annual levy and collection of assessments and setting two public hearings for June 22, 1993, and July 20, 1993. 26 3. AB #12,233 - BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS. Council adopted RESOLUTION NO. 93-145, approving annual benefit assessmentsfor the Buena Vista Channel Maintenance District. 35 4. AB #12,234 - APPROVAL OF PLANS AND SPECIFICATIONS FOR 1992-93 CURB, GUTTER AND SIDEWALK REPLACEMENT PROGRAM - CONTRACT NO. U/M 93-7. Council adopted RESOLUTION NO. 93-1 46, approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids for the 1992-93 Curb, Gutter and Sidewalk Replacement Program. 28 ‘ 5. AB #12,235 - DELETION OF CULTURAL RESOURCE INVENTORY. Council adopted RESOLUTION NO. 93-151, deleting the Cultural Resources Inventory and directing the Historic Preservation Commission to review the Historic Preservation Ordinance and make recommendations to provide for a voluntary program. PUBLIC COMMENT Albert Benguiat, 2947 Lexington Circle, spoke on his concern and that of his neighbors in getting action with regard to the barking dogs in their neighborhood. He referenced his letter dated May 15, 1993, to the Mayor, and stated this problem has existed for over two years and the neighbors have tried unsuccessfully to get satisfaction from the Animal Control people. Elsa Benguiat, 2947 Lexington Circle, Calavera Hills, related the process that has been followed to try to solve the problem of the barking dogs. She stated four of the neighbors had signed complaints against the offenders. Bruce Wayne, 2939 Lancaster Road, stated that Animal Control is not performing the service that the City is paying $109,000 to receive. James B. Graves, 4620 Buckingham Lane, stated he lives in another neighborhood with a barking dog. He said the present policy is not effective and should be changed. In response to questions, City Attorney Ron Ball stated that Carlsbad has adopted the County Code of Regulatory Ordinances by reference, and the Ordinance allows for an administrative hearing before the Director of Animal Control Services. If that is unsuccessful, there are criminal remedies. 12% 0 0 May 18, 1993 Page 3 PUBLIC COMMENT: (Continued) Police Chief Vales stated that before a hearing occurs, the complainant must sign the criminal complaint. Mr. Benguiat stated he objected to signing a criminal complaint. Council requested a report containing information on the following: 1. Procedures to be followed by citizens involving a complaint; 2. A comparison of the County Noise Control and Animal Control programs, including costs and procedures; 3. A breakdown of Mr. Benguiat’s case from the County; 4. A breakdown of how many times victims signed the complaint and how long it took to resolve the problem versus how many times they didn’t sign and how long it took to resolve the problem; and 5. How other cities handle barking dog issues. Ernestine Graves, 4600 Buckingham Lane, spoke of her concern for the safety of people walking on the seawall and boardwalk because of the dogs, bicycles and skateboarders. William Jubb, 3993 Highland, asked that two facts be considered on Leg0 and other current projects in the City. He said there are several projects that are only partially finished, and he felt those should be completed before another project is started. He asked for more information on Leg0 in order for the citizens to decide whether or not they want the park here. Geoff Bell, 3686 Highland Drive, stated that Council should inform the citizens about Lego, and seek comments from the public as to whether a park is desired in Carlsbad. PUBLIC HEARINGS: 105 6. AB #12,232 - HOUSING AND COMMUNITY DEVELOPMENT NEEDS OF LOW AND MODERATE lNCOME PERSONS AND PROPOSALS SUBMllTED FOR FUNDING UNDER THE 1993-94 CDBG PROGRAM. Mayor Lewis opened the duly noticed Public Hearing at 7:21 p.m., and issued the invitation to speak. John Burnett, Executive Director, North County Seniors in Action, told of the services rendered by their organization and the increase in the numbers of seniors in North County. He asked Council to re-consider the committee recommendations and help this organization this year. Sarah Rosenfield, Executive Director, representing Community Resource Center, 31 38 Roosevelt, Ste. H, requested funding for this organization. Judy Cashmore, Program Manager, Community Resource Center, 3138 Roosevelt, Ste. HI requested funding for the organization. /a/ 0 0 May 18, 1993 Page 4 PUBLIC HEARINGS: (Continued) Marva Bledsoe-Chriss, Executive Director, Women’s Resource Center, 3355 Mission Avenue, spoke in support of the committee recommendation for funding their organization. Shirley Cole, 1252 Basswood Avenue, Executive Director of Lifeline Community Services, explained the services supplied by this organization, and asked for funding. Judy Canterbury, 1523 Lucky Street, Oceanside, requested funding for the North Coast Alzheimer’s Day Care Program and Scholarships, and for the purchase of a site for the Day Care Program. Jane Feezel, 1735 Tamarack Avenue, representing the Assistance League of North Coast, asked for consideration for funding, adding that they are a new organization and this is a new issue. They want a thrift shop in the Redevelopment Area. She stated that all monies are returned to the North Coast area. Dan Shearer, 560 Greenbrier Drive, Ste. E, Oceanside, representing North Coast Neighborhood Recovery Center, stated he learned they had not submitted their application and requested consideration for funding. Carolyn Fox, 2515 Luciernaga Street, representing Casa de Amparo, stated they work with abused or neglected children and requested funding for new furniture that would be movable when they move to a new facilii. Cathy Boyle, 2240 Nob Hill Drive, representing Carlsbad Children’s Museum, asked for re- consideration of their request for funding. She stated they need funding for start-up costs. Rick Brown, 4415 Mayfair Court, representing Carlsbad High School, requested funding for the re-lighting of the football field. Vince Jewell, 2618 Half Dome Place, also spoke in favor of funding for re-lighting of the football field at Carlsbad High School. Bruce Tillman, 1736 Woodbine Place, Oceanside, spoke in favor of the lights for Carlsbad High School. Bruce Pahl, 1254 Hoover Street, Carlsbad High School, suggested the lights for the high school be funded by cutting the administrative costs in half. Joseph Jeffers, 161 Thunder Drive, Ste. 209, Vista, representing the AIDS Foundation, San Diego, stated their foundation is the largest provider of services for persons with HIV and AIDS in San Diego County, and requested funding. Carlos Morales, 161 Thunder Drive, Ste. 209, Vista, also spoke for the AIDS Foundation, San Diego, stating this would help to provide funds for his Case Manager position. Leone Stein, 1630 Basswood, representing the Caring Residents of Carlsbad and Catholic Charities of San Diego, requested funding. 120 0 May 18, 4 993 Page 5 PUBLIC HEARINGS: (Continued) Frank Sorino, 3528 Madison, representing the Join HandsBouth Program, stated they have been accepted as a non-profit organization by the Franchise Tax Board. He explained how their program helps youths avoid becoming members of gangs, and he requested funding. Judy Barber, 2819 Monroe Street, spoke in support of Mr. Sorino’s program. Rick Brown, 4415 Mayfair Court, spoke in favor of Mr. Sorino’s program. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 825 p.m. Mayor Lewis announced that Council would discuss and take action on the item at their meeting of May 25, 1993. RECESS: Mayor Lewis declared a Recess at 8:26 p.m., and Council re-convened at 8:37 p.m., with all Members present. PUBLIC HEARINGS: (Continued) 20 7. AB #12,227 - DECLARATION OF PUBLIC NUISANCE ON VACANT LAND ON THE SOUTHEAST CORNER OF PARK DRIVE AND MARINA DRIVE. Mayor Lewis opened the duly noticed Public Hearing at 8:48 p.m., and issued the invitation to speak. Fred Gaul, 1769 Guevara Road, stated he sold his boat in October, 1992, and has the papers to show that, even though the registration has not been changed by the new owner. He wanted to make it clear he no longer owns the boat that was parked on this property. Kathy McNally, 4755 Bryce Circle, Laguna Shores Homeowners Association, stated they are located east of this property, and she read a letter from the Board of Directors stating the concerns of 26 families with regard to the public nuisance and danger to the community that this property presents. She requested that the area be cleared of the violators that have parked items on this lot. Don Wilber, 4777 Flying Cloud Way, representing 112 homeowners as OnSite Manager of Laguna Del Mar, concurred with the previous speaker. He stated he was concerned that if the people cannot park on the lot that they will then park on the street, creating another problem. Don Brandt, 4777 Argosy Lane, spoke in favor of staff recommendation. John Jones, 3044 State Street, spoke in favor of staff recommendation and inquired how many of those vehicles have up-to-date stickers and/or licenses. He recommended forcing the owner to install a fence, repair the curb, and put a lien against the property. Judy Hinkley, 4705 Marina Drive, lives across the street from this lot and told of incidents that occur on that lot that constitute a public nuisance. 119 0 a May 18, 1993 Page 6 PUBLIC HEARINGS: (Continued) Peter Koulos, 17245 South Main Street, representing two of the registered property owners, stated they have been working for over a year to solve this problem. He stated that a plan is needed to get the vehicles off of the property and asked the City to help them. Mr. Koulos stated the owners are willing to fence the property, if something is done about the vehicles in the right-of- way and on City property. He requested they be given longer than 30 days. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 9:04 p. rn. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 147, declaring the accumulation of vehicles, campers, boats and construction equipment located on vacant land on the southeast corner of Park Drive and Marina Drive a public nuisance, and ordering the abatement. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 77 8. AB #12,228 - ANNEXATION OF FUTURE TERRITORY TO CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1. Mayor Lewis opened the duly noticed Public Hearing at 9:24 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tern Stanton, Council adopted RESOLUTION NO. 93- - 148, authorizing the annexation of territory in the future to an existing Community Facilities District. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila DEPARTMENTAL AND CITY MANAGER REPORTS: 67 9. AB #12,229 - PROHIBITION OF PICKETING OF PRIVATE RESIDENCES. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-241, amending Title 8 by the addition of Chapter 8.54 to the Carlsbad Municipal Code to prohibit picketing ,of private residences. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 99 10. AB #I2218 - REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP - CT 89-13 - THE HAMPTONS. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 137, approving a one-year Tentative Map extension request of Carlsbad Tract 89- 13, The Hamptons, amended in Section 'C' to read "60 days'. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 118 a e May 18, 1993 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 55 11. AB #12,236 - APPROVAL OF INTERIM SOLID WASTE AGREEMENT. 45 Council heard the staff report and continued the item to the meeting of May 25, 1993, for discussion and action. 55 12. AB #12,230 - APPROPRIATION OF FUNDS FOR JOINT POWERS AUTHORITY CONSULTANT SERVICES. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 150, to appropriate funds in the Solid Waste Enterprise Fund for Carlsbad’s portion of costs incurred by the North County Solid Waste Management Agency. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 32 13. AB #12,231 - UPDATE ON STATE BUDGET. There was no report. 28 14. AB #12,224 - HOUSING COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council directed the City Attorney to return with documents amending the Municipal Code to provide for a nine (9) member Housing Commission, and adopted RESOLUTION NO. 93-141, as amended, appointing the following nine (9) members to the Housing Commission: Cheri Sat0 (Housing Authority Tenant) Marvin Peterson (Senior Housing Authority Tenant) Bailey Noble (Planning Commission) Jerry Rombotis Doug Avis Edward Scarpelli Ofelia Escobedo Nancy Calverley Kathleen Wellman AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 94 15. AB #12,173 - PARKING AUTHORITY APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-100, reappointing Frank Aleshire to the Parking Authorii; and adopted RESOLUTION NO. 93-101, appointing Don Agatep to the Parking Authority. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 113 Q 0 May 18,1993 Page 8 COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of May 18, 1993, was adjourned at 10:08 p.m. Respectfully submitted, MR- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 116