HomeMy WebLinkAbout1994-05-17; City Council; Minutese 0
MINUTES
MEETING OF: CrrY COUNCIL (Regular Meeting)
DATE OF MEETING: May 17,1994
TIME OF ME€llNG: 6:OO p.m. PLACE OF MEmNG: Ci Council Chambers
CALLTO ORDER: Mayor Lewis called the Meeting to order at 6:05 p.m.
ROLL CALL was as follows:
Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis.
Absent: None.
INVOCATION was given by Reverend Douglas Kelly of the Christ Presbyterian Church of Rancho La
Costa.
PLEDGE OF AUEGIANCE was led by Council Member Nygaard.
PRESENTATIONS
Mayor Lewis presented a Proclamation to Bob Teater and Members of the V.F.W. Post 11 505 of Carlsbad
to recognize the BUDDY POPPY DAYS.
Mayor Lewis presented a Proclamation to Police Chief Bob Vales for PEACE OFFICERS MEMORIAL DAY,
May 20, 1994, in commemoration of all peace officers who have tragically sacrificed their lives in the line
of duty.
Mayor Lewis congratulated Joan and Alan Kindle on their winning the San Diego Save Our Heritage
Organization's "People in Preservation Award", for their untiring work in securing funds and memorabilia
for the Leo Carrillo Ranch.
Mayor Lewis presented a Proclamation and Plaque to Ralph Anderson, Director of Utilities & Maintenance
Department, upon his retirement.
APPROVAL OF MINUTES:
On motion by Mayor Pro Tem Stanton, the Minutes of the Regular Meeting held May 3, 1994, were
approved as presented.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
CONSENT CALENDAR:
Mayor Lewis removed Items #5, #7 and #8 from the Consent Calendar.
I27
0 0
39
19
i4
!6
-1 3
‘4
I5
‘0 I5
May 17, 1994 Page 2
CONSENT CALENDAR: (Continued)
ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the
action of the Consent Calendar, Items #1, #2, #3, #4 and #6,
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 #12,704 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of City investments as of April 30,1994.
2. AB #12,705 - FINAL MAP FOR CT 90-4, UNIT 1/HDP 89-50 - TIERRA SANTA FE.
Council adopted RESOLUTION NO. 94-133, approving the final map for CT 90-4, Unit I/HDP 89-
50 - Tierra Santa Fe.
3. AB #12,709 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1.
Council adopted RESOLUTION NO. 94-134, initiating proceedings and ordering the Community
Services Director to submit the Engineer’s Report; and
adopted RESOLUTION NO. 94-135, approving the Engineer’s Report; and
adopted RESOLUTION NO. 94-136, setting two public hearings on the matter for June 21, 1994,
and July 19, 1994.
4. AB #12,706 - BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS.
Council adopted RESOLUTION NO. 94-137, adopting the annual benefit assessments for the
Buena Vista Channel Maintenance District.
5. AB #12,707 - APPROVAL OF PARTNERSHIPS FOR CHANGE GRANT APPLICATION.
This item was removed from the Consent Calendar.
6. AB #12,708 - AMENDMENT TO CONTRACT FOR EMPLOYEE ASSISTANCE PROGRAM.
Council adopted RESOLUTION NO. 94-139, approving an amendment to the City’s contract with
National Resource Consultants, the City’s employee assistance program (EAP) provider.
7. AB #12,716 - REIMBURSEMENT AGREEMENT AND AWARD OF CONTRACT FOR
CONSTRUCTION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT NO. 3429.
This item was removed from the Consent Calendar.
/ $7- (J
0 0
May 17, 1994 Page 3
CONSENT CALENDAR: (Continued)
18 8. AB #I 2,713 - CARLSBAD CONVENTION AND VISITORS BUREAU SECOND QUARTER REPORT.
This item was removed from the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
13 5. AB #I 2,707 - APPROVAL OF PARTNERSHIPS FOR CHANGE GRANT APPLICATION.
ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94-
138, approving the Partnerships for Change fifth year grant application for
$40,000 to be used to support the Library’s Centro de Informacion.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
0 7. .5
AB #12,716 - REIMBURSEMENT AGREEMENT AND AWARD OF CONTRACT FOR
CONSTRUCTION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT NO. 3429.
Council Member Finnila suggested that a Council person be involved in this enhancement project
and report to Council on the progress of the work for continuity.
Mayor Lewis stated that Council Member Finnila would be that representative.
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION 94-1 41,
approving a reimbursement agreement with the Port of Los Angeles and
awarding a contract for construction of the project to T. L. James and Company,
Inc., in the amount of $25,946,000, and approved related actions.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
8 8. AB #12,713 - CARLSBAD CONVENTION AND VISITORS BUREAU SECOND QUARTER REPORT.
Steve Link, Manager of the ConVis Bureau, reported on recent activities.
ACTION: On motion by Council Member Kulchin, Council accepted and filed the report.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
PUBLIC COMMENT:
There were no requests to address Council on a non-agenda item.
PUBLIC HEARINGS:
7 9. ABA #12,710 - SELF-CERTIFICATION CHECKLIST FOR REGIONAL GROWTH MANAGEMENT
STRATEGY
Mayor Lewis opened the duly noticed Public Hearing at 6:25 p.m., and issued the invitation to
speak. Since no one wished to speak on this matter, the Public Hearing was closed.
/ ;z5
0 e
May 17, 1994 Page 4
PUBLIC HEARINGS: (Continued)
ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- - 140, approving the completed annual consistency checklist for the Regional
Growth Management Strategy and transmitting the checklist to the Regional
Growth Management Review Board (San Diego Association of Governments).
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
!O 10. AB #12,638 - DECLARATION OF PUBLIC NUISANCE AT 3244 HARDING STREET.
Staff recommended this matter be continued since the owner is making progress on the property.
ACTION: On motion by Mayor Pro Tem Stanton, Council continued this matter to June 28,
1994.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
DEPARTMENTAL AND CITY MANAGER REPORTS:
36 11. AB #12,714 - DRAFT MOBILE HOME PARK RENT CONTROL ORDINANCE.
City Attorney Ron Ball gave a report referencing the revised draft ordinance distributed to Council
earlier that day.
Pete Garcia, 5236 Shore Drive, the Court-appointed Trustee for Rancho Carlsbad, stated Council
should not rush into a rent control ordinance. He said he has been working in good faith to
develop an acceptable long-term lease, and the City should take a facilitator role and encourage
residents and park owners to come up with a free-enterprise program acceptable to all. He
requested that they be given more time to come to a solution and if Council believes that rent
control is appropriate, then he asked that it be put on the ballot for a vote by all citizens of the
City.
Jed Robinson, 8041 Florence Avenue, Downey, representing the owners of Lanikai Lane Mobile
Home Park, stated tenants over the last ten to twenty years have had rental increases based on
the CPI, giving these residents fair rents. Higher space rents have occurred only when a home
was sold and the buyers agreed to those rents. The City recommendation is for rent in this park
$125 below the agreed-upon rate, which would be unfair to the owners.
Mr. Robinson stated that the owners have agreed to staffs recommendation of a proposal for a
voluntary ordinance, with the space rent fixed at what the homeowners are paying today, with the
only increases to be to recover property tax increases. He stated that capital replacements or
repairs need to be considered, and the owners have agreed to only pass through a portion of
those costs. The rates proposed would not allow the owners to keep pace with inflation and
would reduce the net income by the inability to recover capital. He requested fairness in the
ordinance or put the issue to citizen vote.
i i> 9 ’i”
0 0
May 17, 1994 Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Parker Kimball, 6550 Ponto Drive, Space 86, Lanikai Lane, stated the homeowners are in need
of rent control and this ordinance would give some balance of power.
Don Olmsted, 809-27 Olive Avenue, Vista, representing COMPAC, read his presentation in favor
of the rent control ordinance, stating it would help achieve fairness.
Leslie Tanner, 655030 Ponto Drive, Lanikai Lane, President of the Homeowners Association, read
her statement, stating the owners are asking them to pay for an empty piece of ground, with
nothing with it except utility hookups. She stated the homeowners do the improvements, and they
then belong to the owners, instead of the two being partners as the homeowners thought they
would be in the beginning. Ms. Tanner stated the rents are out of reason and the other pass-
through charges make it unaffordable for most of the homeowners, who cannot move the homes
and cannot sell them.
Michael Spata, 1334 Park View Avenue, #I 00, Manhattan Beach, Attorney representing David
Dawes, Western Land and Development, Rancho Carlsbad Mobile Home Park, spoke in
opposition to the proposed rent control ordinance. He requested clarification regarding the
process of adoption and whether there would be a public hearing. He requested notification of
when the ordinance will be introduced in order to make further comments.
City Attorney Ron Ball stated that the ordinance and environmental documents will be returned
after tonight and when an ordinance is introduced, there is no public hearing required.
Leigh Rayner, Law Offices of White & Bright, 355 West Grand Avenue, Suite #2, Escondido,
representing the Lanikai Lane Homeowners Association, spoke in favor of the proposed rent
control ordinance, stating it is a reasonable compromise addressing the concerns of the owners
and the residents. He asked for clarification of the definition of homeowners, stating that should
not include coaches that may be owned by the park owner for renting.
Mr. Rayner asked how the voting would be conducted in the park and who would be eligible to
participate in that vote. He suggested the voting be among homeowners within the parks on a
month-to-month tenancy, and not those with a lease.
Mr. Rayner also suggested the wording in the ordinance with regard to awarding costs through
the appeal process be modified so discretion is given to the Hearing Officer.
Don Lincoln, 600 B Street, San Diego, Attorney representing the Rancho Carlsbad Homeowners
Association, stated he agreed with Mr. Rayner that those eligible to vote on rent control should
be only homeowners that are affected by the rent control ordinance, and not those with long-term
leases. In addition, only those affected should be able to petition for exclusion from the
ordinance. Mr. Lincoln urged passage of a proposed ordinance.
Chuck Gensler, 51 06 Don Mata Drive, Rancho Carlsbad, spoke in favor of the proposed ordinance
and agreed that only those eligible should be the ones to vote on rent control.
1 :3 -9
p A">
a
May 17, 1994 Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
City Attorney Ron Ball stated that it is not known which spaces have exempt leases and which
do not. In the future the number of voters will change, but not the number of spaces, and at
some time all the homeowners there could be covered by this ordinance.
Leslie Tanner stated that she agreed that those eligible to benefit from the ordinance should be
the ones to vote on it; not those on long-term leases. She stated there is nothing in the
ordinance about homeowners being able to sublease their coaches. Lanikai homeowners are
forbidden to do that and she requested that be addressed in the ordinance.
City Attorney Ron Ball stated he believed that is a private matter between the landlord and the
homeowners.
Marty Orenyak stated that to provide the ability for Lakeshore Gardens to petition in or out, they
would have to include long-term leases, as they are all on long-term leases. If the wording
excluded long-term leases, they would not be eligible to petition for exclusion.
Mr. Olmsted stated that leases are starting to include a clause that under certain circumstances,
subleasing is allowed. For example, if a homeowner has to go to the hospital or cannot pay rent
for a certain time, they are allowed to sub-lease their home.
Mr. Robinson stated that their leases do not allow subleasing without prior written approval.
However, that approval has been granted on the basis of economic problems or medical
problems. He said the owners of Lanikai would be happy to let Mr. Ball review the leases.
Mr. Garcia stated that people should not assume that everyone living in a mobile home wants to
live in a park under rent control.
Council Member Finnila stated this would also be subsidizing rent for those homeowners in
mobile homes who are well able to pay higher rent. She added this is not the way to solve the
low-cost housing problem.
During discussion, Council agreed that the ordinance should be modified to provide that the costs
of an appeal shall be awarded at the discretion of the Hearing Officer; to expand and clarify the
section on "Duty to Maintain!'; to add provisions which would exclude park owners from voting as
homeowners for those coaches they own; and to consider providing language that would exclude
long-term lease holders from voting while still providing a mechanism for Lakeshore Gardens to
petition for exclusion.
ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to
return with the appropriate documents and mobile home rent control ordinance
for introduction, in accordance with their previous comments.
AYES: Lewis, Stanton, Kulchin and Nygaard
NOES: Finnila
RECESS:
Mayor Lewis declared a recess at 8:23 p.m., and Council re-convened at 8:35 p.m., with all Members
present.
) .;? <%
1) e
May 17, 1994 Page 7
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mayor Lewis announced that the mobile home rent control document would be returned to Council at a
Special Meeting on Monday, May 23, 1994, at 7:OO p.m.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
i5 12. AB #12,715 - SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS
AGREEMENT.
Conrad Powalski, 5960 El Camino Real, representing Coast Waste Management, stated they
support the subcommittee of Mayor Lewis and Council Member Nygaard and feel that it is
premature at this time to sign this agreement and take away the options of the City.
ACTION: On motion by Council Member Nygaard, Council directed their representatives
to inform the Interim Commission that Carlsbad will take no action at this time on
the proposed Joint Powers Agreement.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
-0 2 13. AB #12,711 - ESTABLISHMENT OF SPEED LIMIT ON LOKER AVENUE EAST.
ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS-
addition of Section 10.44.470 to establish a prima facie 30 mile per hour speed
limit upon Loker Avenue East from El Fuerte Street to its intersection with Palomar
Airport Road.
- 280, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
.o 2 14. AB #12,712 - ESTABLISHMENT OF SPEED-LIMIT ON LOKER AVENUE WEST.
ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- - 281, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the
addition of Section 10.44.460 to establish a prima facie 30 mile per hour speed
limit upon Loker Avenue West from Palomar Airport Road to its intersection with
El Fuerte Street.
AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila
COUNCIL REPORTS:
Council Members reported on the meetings and activities of the various committees and sub-committees
of which they are Members.
) 2- I
e 0
May 17, 1994 Page 8
ANNOUNCEMENTS
Mayor Lewis announced that City Council Members have been invited and will participate in the following
events:
Saturday, May 21, 1994, 1 :30 p.m., Dedication Ceremony, at the Carlsbad Girls Club, 2368 Eureka Place;
Saturday, May 21, 1994, 5:30 p.m., Retirement Party for Planning Commissioners Bud Schlehuber and
Matt Hall, at the Carlsbad Senior Center, 799 Pine Street;
Friday, May 27, 1994, 4:30 p.m., Retirement Party for Shelia Tarvin, at Pea Soup Andersen’s Restaurant;
and
Sunday, May 29, 1994, 3:OO p.m., Eagle Scout Court of Honor Ceremony at the St. Patrick‘s Catholic
Church.
ADJOURNMENT:
By proper motion, the Regular Meeting of May 17,1994, was adjourned at 852 p.m., to a Special Meeting,
Monday, March 23, 1994, at 7:OO p.m., Council Chambers.
Respectfully submitted,
ab=&% d-
ALETHA L. RAUTENKRANZ
City Clerk
j
Harriett Babbitt
Minutes Clerk
12. L