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HomeMy WebLinkAbout1994-05-03; City Council; Minutes0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: MAY 3,1994 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 Tem Stanton and Mayor Lewis. Absent: None INVOCATION was given by Rabbi Eilfort of the Chabad at La Costa. PLEDGE OF ALLEGIANCE was led by Council Member Finnila. APPROVAL OF MINUTES: Council Member Finnila requested that the Minutes of April 18, 1994, be amended to reflect the presence of City Manager Ray Patchett at the meeting, and that the Minutes of April 20, 1994, be amended to also include Mr. Patchett’s attendance, and to include reference to the presentation by Tom Roberts, MAL On motion by Mayor Pro Tem Stanton, Minutes of the following meetings were approved: Minutes of the Special Meeting held April 15, 1994, as presented. Minutes of the Special Meeting held April 18, 1994, as amended. Minutes of the Regular Meeting held April 19, 1994, as presented. Minutes of the Special Meeting held April 20, 1994, as amended. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PRESENTATIONS: Mayor Lewis presented a Proclamation to Jim Eddlebrock, of the Carlsbad Optimist Club, in recognition of their efforts and support for Respect for Law Week. Mayor Lewis and Fire Chief Van Der Maaten presented a Retirement Proclamation to Battalion Chief Jim West in honor of his 24 years of service as a member of the Carlsbad Fire Department. 113 0 0 7 1 1 7 1 3 5 May 3, 1994 Page 2 CONSENT CALENDAR: ACTION: On Motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items #1 through #4, 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. 1. AB #12,668 - APPROVAL OF SUPPLEMENTAL AGREEMENT NOS. 008,009, AND 010 TO STATE AND LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT. Council adopted RESOLUTION NO. 94-1 19, approving Supplemental Agreement Nos. 008, 009, and 010 to State and Local Transportation Partnership Program Agreement No. SLTPP- 5308, to provide funding for various roadway projects in the City of Carlsbad. 2. AB #12,689 - APPROVAL OF PLANS AND SPECIFICATIONS FOR REPAIRS TO BIOLOGICAL MITIGATION - PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT - PROJECT NO. 3401. Council adopted RESOLUTION NO. 94-120, approving plans and specifications and authorizing the City Clerk to advertise for bids for repairs to the biological mitigation for the Palomar Airport Road West Assessment District, and also to make repairs to the north side slopes within the same project limits. 3. AB #12,690 - APPROVAL OF PLANS AND SPECIFICATIONS AND TELEPHONE UNDERGROUNDING AGREEMENT FOR THE AVENIDA ENCINAS EXTENSION - PROJECT NO. 3416A. Council adopted RESOLUTION NO. 94-1 21 , approving plans and specifications and authorizing the City Clerk to advertise for bids for the Avenida Encinas Extension, and approving an agreement with Pacific Bell Telephone Company to underground telephone facilities within the project. 4. AB #12.691 - APPROVAL OF INCREASE TO SENIOR DIVISION GRANT BUDGET. Council adopted RESOLUTION NO. 94-122, approving an increase of $9,404 to the Senior Division Grant Budget. / Lz 0 a May 3, 1994 Page 3 ORDINANCE FOR INTRODUCTION: L13 5. AB #12,692 - ZC 93-6 - KELLY DEL CERRO. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS-278, granting a zone change from Residential Agricutture (R-A-10) to Limited Control (L-C) on 246 acres of property located east of the future intersection of the expansion of College Avenue and Cannon Road northeast of El Camino Real, in Local Facilities Management Zone 15; and Adopted RESOLUTION NO. 94-123, approving a Negative Declaration for a zone change (ZC 93-6) for property generally located east of the future intersection of the extension of College Avenue and Cannon Road, northeast of El Camino Real. AYES: Council Members Lewis, Stanton and Finnila ABSTAIN: Council Members Kulchin and Nygaard ORDINANCES FOR ADOPTION: LO 2 6. AB #12,693 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF RUTHERFORD ROAD. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. Road, from Faraday Avenue to its terminus at Priestly Drive. -1 NS-276 establishing a prima facie 35 mile per hour speed limit on Rutherford AYES: Council Members Lewis, Stanton, Kulchin and Finnila ABSTAIN: Council Member Nygaard 102 7. AB #12,694 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF TAMARACK AVENUE. ACTION: On motion by Mayor Pro Tern Stanton, Council adopted ORDINANCE NO. NS-277, establishing a prima facie 30 mile per hour speed limit on Tamarack Avenue from Interstate Highway 5 to Skyline Road. AYES: Council Members Lewis, Stanton, Kulchin and Finnila ABSTAIN: Council Member Nygaard PUBLIC COMMENT: Pat Knox, 2002 Pintoresco Court, spoke in opposition to the Green Valley project, based on her concerns about increased traffic and its impact on Levante Street. She distributed a map depicting Levante Street (a copy of which is on file with the City Clerk). Mo Kimball, 1623 James Drive, expressed concern about the lack of snow in the Sierra Nevada Mountains, which will impact the availability of water to Carlsbad and all of Southern California. I// 0 0 May 3, 1994 Page 4 PUBLIC HEARING: .o 5 8. AB #12,695 - 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mayor Lewis opened the public hearing at 6:20 p.m. and extended the invitation to speak to any persons who had not spoken concerning this matter at the April 26, 1994, public hearing. The public hearing was closed at 6:21 p.m., since those present had spoken at the previous meeting. ACTION: By consensus, Council selected Council Members Finnila and Nygaard to a Council Committee to meet with staff and review the standards and criteria used in evaluating the applications for funding. ACTION: On motion by Mayor Pro Tem Stanton, Council approved the Funding Committee recommendation No. 39, allocating $15,480 to the Boys and Girls Club Teen Diversion/Anti Gang Program. AYES: Council Members Lewis, Stanton, Kulchin and Nygaard NOES: Council Member Finnila ACTION: On motion by Mayor Pro Tem Stanton, Council determined that the $95,000 funding recommended for the Girls Club Renovation be conditioned on a dollar for dollar matching fund basis, with the matching funds to be placed in a trust fund for administration costs; and The $150,000 funding recommended for the Boys and Girls Club Remodel of two facilities be conditioned on a dollar for dollar matching fund basis, with the matching funds being divided so $.E& goes in a trust fund for administration costs, and $50 to be used for construction costs. AYES: Council Members Stanton, Kulchin, Nygaard and Finnila NOES: Mayor Lewis ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. -t 94-124 approving projects and funding allocations for the City of Carlsbad’s 1994-95 Community Development Block Grant Program, and authorizing submittal of the City’s Final Statement to the Department of Housing and Urban Development for final approval. AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila MUNICIPAL WATER DISTRICT Council adjourned to the Municipal Water District at 6:36 p.m., , and reconvened at 6:38 p.m., with all Members present. l/o 0 0 May 3, 1994 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: i6 9. AB #12,696 - MOBILEHOME PARK RENT CONTROL. The staff report, presented by Community Development Director Martin Orenyak, Housing & Redevelopment Director Evan Becker, and Senior Management Analyst Cynthia Haas, included a history of the matter and a comparison of the Voluntary and Mandatory Programs. Don Lincoln, 600 'B' Street, San Diego, representing the Rancho Carlsbad Homeowners Association, stated that a voluntary accord is not adequate for their purposes. He expressed concern with the possibillty that increased property tax liability would be passed through to the tenants after the park is sold, and questioned the data contained in the Keyser Marston Associates study. He reported that 92 jurisdictions in the State of California have rent control regulations, and requested that Council approve mandatory rent control. Allan Summit, 3455 Don Alberto, questioned who had represented the park ownership during negotiations with the City staff. He stated that the main objective of the Trustee of the Bankruptcy Court is to sell the property, and expressed concern that homeowners have either been unable to sell their homes, or have had to sell at reduced prices, due to the problems that exist in the park. Mr. Summit stated that most of the tenants are retired, and have no way to augment their incomes. He requested Council assistance in protecting the park tenants. Chuck Gensler, 5106 Don Mata, expressed thanks to Council and City staff for their efforts and their time spent meeting with park tenants. Pete Garcia, 5236 Shore Drive, Trustee for Rancho Carlsbad, expressed support for the voluntary rent control accord. He expressed concern that mandatory rent control would create different classes of tenants, would encourage some tenants with long term leases to try to break their leases, and would create more conflict and litigation. He also stated that approval of mandatory rent control will jeopardize the sale of Rancho Carlsbad to new owners. Mr. Garcia requested a 90 day continuance for the purpose of coming to agreement with the residents on a long term lease. He suggested that if, after 90 days, the Council feels that rent control is necessary, the issue should be placed on the ballot. Leigh Rayner, of White and Bright, 355 W. Grand Ave., Suite 2, Escondido, representing the Lanikai Homeowners Association, stated that there is no accord in the City of Carlsbad, and expressed concern with the voluntary lease offered by the park owner in areas of capital improvement pass- throughs and deferred maintenance costs. He expressed support for an annual CPI increase of 0-8% based on 75% of the appropriate index; recommended that the rate for a double wide should be $400, and for a single wide should be $350 - $375; and requested that Council adopt a fair rent control ordinance. Cheryl McCabe, 6550 Ponto Dr., #124, representing Lanikai Homeowners Association, suggested that a voluntary accord would be best, but is not possible. She stated that the rent structure at Lanikai is very unstable for those without signed leases, and requested the Council take whatever action necessary to ensure fair rents for the residents. msi 0 0 May 3, 1994 Page 6 9. AB #12,696 - MOBILEHOME PARK RENT CONTROL. (Continued) Leslie Tanner, 6550 Ponto Drive, #30, Carlsbad, President of Lanikai Homeowners Association, spoke in support of fair rents which would allow the residents to keep their homes. Jed Robinson, 8041 Florence, Downey, representing South Shores Development, owners of Lanikai, spoke in favor of the voluntary rent accord. He stated that South Shores has been charging less than market rents, and has spent money for their own rent study in the past. He stated that property taxes have increased ten fold, and requested that they be allowed to maintain the current level of income while retaining the right to pass through increased expenses in the future. Mayor Lewis submitted a proposed 'Mandated Rent Control Ordinance' to the Council for consideration as follows: Base Rent: Based on the KMA study low rent figures. Annual Adiustment: The annual adjustment rate be set at 75% of the CPI for San Diego County, with a minimum increase of 0% and a maximum of 8%. Capital Improvement The park owners pay all capital improvement costs including Pass-Throuahs: maintenance, repair and replacement. Where a majority of residents request an additional amenity to be added to the park, the first $25,000 shall be paid by the owner and the excess costs will be shared equally between the residents and the owner and amortized appropriately. Capital costs not passed-through may be considered for rent adjustments. Taxes: The park owners not allowed to pass-through increases in property taxes as a result of the sale of the mobilehome park or additional parcels or lands. Taxes not passed-through to tenants may be considered for rent adjustments. Administrative Fee: The owners and tenants will share 50/50 the costs for administration of the program. Vacancy Control: The rent shall be a space rent and shall apply to new tenants upon sale or transfer of the space. Hearina Process: Hearings shall be conducted before either an arbitrator or hearing officer. Appeals shall be heard by either a city commission, council, or court. Mayor Lewis also recommended that a provision be included in the ordinance so that 51% of the tenants in any park could petition for exclusion from the ordinance. He stated that his proposal does not preclude park owners from entering into voluntary accords prior to implementation of the ordinance. /e8 e 0 May 3, 1994 Page 7 9. AB #12,696 - MOBILEHOME PARK RENT CONTROL. (Continued) In response to Council inquiry, City Attorney Ron Ball stated that an environmental review would be necessary prior to adoption of the ordinance, and that staff must prepare administrative regulations to assist in administering the ordinance and to assist the hearing officer or arbitrator in the hearing process. He explained that rent control is legal and that cities have been successful in defending their ordinances, however, that defense is expensive, and that there will probably be expenses associated with the ordinance. ACTION: On motion by Mayor Lewis, staff was directed to return to Council on May 17, 1994, with a draft rent control ordinance in accordance with the Mayor's proposal. AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila RECESS: Mayor Lewis declared a recess at 8:lO p.m., and Council re-convened at 8:25 p.m. with all Members present. '8 IO. AB #12.672 - DESIGN REVIEW BOARD APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 94-111, appointing Bailey Noble, Peggy Savary, Kim Welshons, Nick Vessey, and Sarah Marquez to the Design Review Board. AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. ANNOUNCEMENT: It was announced that Council Members have been invited to a reception for CALPAW (Proposition 180) on Thursday evening, May 5, from 5:30 p.m. to 8:30 p.m., in Del Mar, hosted by Pam Slater and Susan Golding. /o 3 .o 0 . May 3, 1994 Page 8 ADJOURNMENT: By proper motion, the Regular Meeting of May 3, 1994, was adjourned at 8:35 p.m. Respectfully submitted, u 4. - ALETHA L RAUTENKRANZ City Clerk Karen R. Kundtz Assistant City Clerk /oh