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Home My WebLink About1994-06-07; City Council; Minutes0 0 MINUTES MEmNG OF: CrrY COUNCIL (Regular Meeting) DATE OF MEmNG: June 7,1994 TIME OF MEmNG: 6:OO p.m. PLACE OF MEEI1NG: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 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 Reverend Father AI Capuchin0 of the Christ The King Orthodox Church. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. ANNOUNCEMENT: Mayor Lewis announced that following this meeting, there is the possibility that a majority of Council Members may be at Pea Soup Andersen's to watch the results of the election. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Regular Meeting held May 10, 1994. Minutes of the Special Meeting held May 17, 1994. Minutes of the Regular Meeting held May 17, 1994. Minutes of the Special Meeting held May 23, 1994. Minutes of the Special Meeting held May 24, 1994. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ABSTAIN: Kulchin (Minutes of Special Meetings of May 23, and May 24, 1994) CONSENT CALENDAR: Council Member Finnila requested Item #2 be removed from the Consent Calendar. City Manager Ray Patchett requested Item #5 be withdrawn from the Agenda and referred back to staff. Council Member Nygaard requested Item #6 be removed from the Consent Calendar. IYY I, 0 0 36 45 77 45 26 45 60 77 99 70 45 June 7, 1994 Page 2 CONSENT CALENDAR: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items #I through 8, with the exception of Item #2, Item #5 and Item #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 #12,718 - AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR - CONTRACT NO. U/M 93-9. Council adopted RESOLUTION NO. 94-155, awarding an agreement in the amount of $88,875, for Traffic Signal Maintenance & Repairs to Alexander Traffic Signal/Lighting Company of San Diego, effective July 1 , 1994. 2. AB #12,719 - CONSULTANT AGREEMENT FOR 1994 GROWTH MANAGEMENT PLAN TRAFFIC MONITORING PROGRAM. This item was removed from the Consent Calendar. 3. AB #12,720 - RELEASE OF REIMBURSEMENT AGREEMENT FOR PALOMAR AIRPORT ROAD ASSESSMENT DISTRICT NO. 86-1. Council adopted RESOLUTION NO. 94-145, approving the Release of a Reimbursement Agreement with Paul Ecke, Sr., covering Assessor's Parcel No. 212-041-05, which has been replaced by a second Reimbursement Agreement with a revised cost estimate. 4. AB #12,721 - RENEWAL OF PROPERTY AND BOILER AND MACHINERY INSURANCE. Council adopted RESOLUTION NO. 94-146, authorizing expenditure of $40,725 for continued participation in the Public Entity Property Insurance Program for renewal of property insurance for city properties for the period May 15, 1994 to May 15, 1995. 5. AB #12,722 - ANNEXATION NO. 2 TO COMMUNITY FACILITIES DISTRICT NO. 1 - CT 93-3/CP' 93-2, POINSETTIA HILL. This item was withdrawn and returned to staff. 6. AB #12,723 - AWARD OF CONTRACT FOR INSTALLATION OF BACKSTOP AND DUGOUTS AT AVIARA OAKS MIDDLE SCHOOL - CONTRACT NO. CSD 001 0. This item was removed from the Consent Calendar. !Lp? I 12 0 0 70 .5 16 I5 '7 t5 0 .5 -0 2 June 7, 1994 Page 3 CONSENT CALENDAR: (Continued) 7. AB #12,724 - APPROVAL OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF JEFFERSON STREET BIKE LANES - PROJECT NO. 3156. Council adopted RESOLUTION NO. 94-149, approving plans and specifications, authorizing the City Clerk to advertise for bids for construction of the Jefferson Street bike lanes, and authorizing the Mayor to sign Program Supplement No. 17 to the Local Agency-State Master Agreement No. 1 1-5308. 8. AB #12,725 - APPROVAL OF AGREEMENT FOR REIMBURSEMENT OF TRAFFIC SIGNAL COSTS. Council adopted RESOLUTION NO. 94-150, approving an agreement between the Cities of Carlsbad and Encinitas to allow the City of Carlsbad to reimburse Encinitas for one-half of the costs of operation and maintenance for the traffic control signal system at the intersection of Rancho Santa Fe Road and Calle Acervo/Avenida La Posta. EMS REMOVED FROM THE CONSENT CALENDAR: 2. AB #12,719 - CONSULTANT AGREEMENT FOR 1994 GROWTH MANAGEMENT PLAN TRAFFIC MONITORING PROGRAM. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- 144, approving a consultant agreement with JHK & Associates for provision of traffic engineering services for the 1994 Growth Management Plan Traffic Monitoring Program. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 6. AB #12,723 - AWARD OF CONTRACT FOR INSTALLATION OF BACKSTOP AND DUGOUTS AT AVIARA OAKS MIDDLE SCHOOL - CONTRACT NO. CSD 0010. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- Lightening Fence Company, for the installation of a baseball backstop, dugouts and fencing at the Aviara Oaks Middle School. - 148, accepting bids and awarding the contract, in the amount of $36,874, to the AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ORDINANCES FOR ADOPTION: 9. AB #12,726 - ESTABLISHMENT OF SPEED LIMIT ON LOKER AVENUE WEST. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- 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. - 281, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila WL 0 0 June 7, 1997 Page 4 ORDINANCES FOR ADOPTION: (Continued) LO2 IO. AB #12,727 - ESTABLISHMENT OF SPEED LIMIT ON LOKER AVENUE EAST. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted 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 16 11, AB #12,731 - MOBILE HOME PARK RENT CONTROL. Don Lincoln, Attorney, 600 B Street, San Diego, representing the Rancho Carlsbad Homeowners Association, spoke in favor of the ordinance, stating the main purpose is to ensure fair bargaining. He said the park owners and the homeowners at Rancho Carlsbad have had significant meetings since Council first started working on the rent control ordinance. He said he felt this movement is due to the Council’s action. In the 30 days before this ordinance becomes effective, he urged the park owners to continue to negotiate with the homeowners rather than waste time and energy on a referendum. Bill McLean, 7400 Santa Barbara, Manager of Lakeshore Gardens, referenced his letter, copies of which were distributed tonight, in which he requested Council to delay action on the ordinance to allow time for the problems at Lakeshore Gardens to be remedied. He also requested that the Keyser Marston Associates Fair Market Rent Evaluation Study be expanded at the City’s expense to establish Fair Market Base Rents for Lakeshore Gardens. A copy of Mr. Mclean’s letter is on file in the City Clerks Office. Pete Garcia, 5236 Shore Drive, Bankruptcy Trustee for Rancho Carlsbad Park, spoke in opposition to the ordinance. He stated that the residents of Rancho Carlsbad Park refused an offer this morning reducing the value of the park by four and a half million dollars. He requested 30 days to find a solution rather than force a referendum. Jonathan Dabbieri, Attorney, 550 West C Street, Ste. 1600, San Diego, representing Pete Garcia, stated that at the first reading of the ordinance, he had submitted a legal brief listing a number of items where the ordinance was deficient. He stated that those deficiencies remain in the ordinance as it is presented tonight, and they will be tested in court. Leslie Tanner, 6550 - 30 Ponto Drive, Lanikai Lane, President of Lanikai Homeowners Association, spoke in favor of the ordinance, thanking Council and staff for all the time and effort spent on behalf of all the residents at Lanikai Lane. She stated rent control is needed for mobile home parks, but does not affect residents renting houses and apartments. If there are no laws to safeguard the homeowners in mobile home parks from unscrupulous landlords, those homeowners will surely lose their homes. She urged citizens to resist signing the petitions without studying the issue closely. lyl 0 e June 7, 1994 Page 5 ORDINANCES FOR ADOPTION: (Continued) Leigh Rayner, Attorney, 355 West Grand Avenue, Escondido, representing Lanikai Lane Homeowners Association, stated there have been no satisfactory negotiations with the owners of Lanikai Lane Park, and that is why this ordinance is necessary. The homeowners at Lanikai will receive a large rent increase under this ordinance, but not as large as the owner was threatening to impose. Mr. Rayner stated that he hoped the citizens will carefully consider the rationale behind this ordinance and the need to protect the residents of mobile home parks before they sign a referendum. Ed Houston, 6550 Ponto Drive, Space 140, stated he is in favor of proceeding with the ordinance as written. Chuck Gensler, 5106 Don Mata, President of the Rancho Carlsbad Homeowners Association, thanked the Council and staff for all the time spent on this ordinance. He stated that the Court has given the Trustee $1 66,500 to be spent in defeating this ordinance and putting the issue on the November ballot. He stated that money could be better spent on improvements in the park. There are 15 empty spaces in Rancho Carlsbad Park and more people are moving out, with some just abandoning their homes because they cannot afford to pay the rent. Mr. Gensler reiterated that this is a mobile home park problem only, and does not affect other renters in the City. The administrative costs will be paid by those mobile homeowners who will benefit from the ordinance and will not affect the General Fund of the City. Jed Robinson, P. 0. Box 84, representing South Shores Development Corporation, Newport Beach, Lanikai Lane Park, stated that as owners, operators and developers, they have been in Carlsbad 33 years providing a service. They want to be compensated fairly by receiving fair market rent. He asked Council to vote ‘no’ on the ordinance, as it will not stand up to legal tests. This will cost the City and the park owners money, as they will attempt to put this matter to the voters. Mr. Robinson said that Lanikai Lane does have residents that qualify for low-income housing and the owners have done everything they could to help them, including reducing their rent to qualify them for Section 8. Michael Spata, Andersen, Keleher & Spata, Attorneys, 1334 Park View Avenue, Manhattan Beach, representing David Dawes, Dawes Marital Trust and South Shores Development Corporation, detailed the contents of his two-page letter in opposition to the ordinance, dated June 7, 1994, a copy of which is on file in the City Clerk’s Office. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- 282, amending Title 5 of the Carlsbad Municipal Code by adding Chapter 5.26 Kegulate mobile home park space rent. AYES: Lewis, Stanton, Kulchin and Nygaard NOES: Finnila PUBLIC COMMENT: There were no requests to address Council on a non-agenda item. I90 e 0 L June 7, 1994 Page 6 PUBLIC HEARINGS: 50 12. AB #12,728 - ADOPTION OF 1991 UNIFORM CODES. Mayor Lewis opened the duly noticed Public Hearing at 6:48 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 Tem Stanton, Council adopted ORDINANCE NO. NS- 279, amending Title 18, Chapter 18.06, 18.1 7, 18.1 8 and 18.1 9 of the Carlsbad Municipal Code to adopt by reference the Uniform Housing Code (1 991 Edition), The Swimming Pool, SPA and Hot Tub Code (1991 Edition), The Uniform Solar Energy Code (1991 Edition) and the Uniform Code for the Abatement of Dangerous Buildings (1 991 Edition). AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila -0 4 13. AB #12.729 - 1994 SEVEN YEAR REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM 17 {RTIP). Mayor Lewis opened the duly noticed Public Hearing at 6:53 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 Council Member Nygaard, Council adopted RESOLUTION NO. 94- 151, adopting the Seven-Year Transnet Local Street and Road Program of Projects for fiscal years 1995 through 2001. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 13 14. AB #12,730 - PLAZA CAMINO REAL BUS TURNOUT REMODEL - PP-24(F). Tom Lichterman, NCTD Operations Manager, in reply to Council query, stated a maintenance agreement for this turnout will be developed with the Parking Authority, Plaza Camino Real Mall and NCTD. He also stated there is a no ticket and/or change machine included in the design. Mayor Lewis opened the duly noticed Public Hearing at 7:06 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 Council Member Nygaard, Council adopted RESOLUTION NO. 94- 152, approving a Negative Declaration for a Precise Plan Amendment to remodel and expand the existing NCTD Bus Transit Center at Plaza Camino Real; and Council adopted RESOLUTION NO. 94-1 53, approving an amended Precise Plan PP-24 (F) to remodel and expand the existing North County Transit District bus transfer/pickup parking area at Plaza Camino Real. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:07 p.m., and re-convened at 7:08 p.m., with all Members present. 13 7 a 0 June 7, 1994 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: 12 15. AB #12,732 - SUPPORT FOR LEGISLATION TO ALLOW CITIES TO ADOPT ENHANCED GRAFFITI REGULATIONS. Kathleen Apodaca-Marquez, 3429 Jefferson Street, stated that the Carlsbad Youth Services provides removal of graffiti in the Barrio area only, and they remove the graffiti just as quickly as possible. Mayor Pro Tem Stanton suggested that the Graffiti Hotline Telephone Number and the Police Department Telephone Number for anyone seeing graffiti in progress be shown on the television before Council Meetings and during the break times. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- 154, authorizing the Mayor to execute letters of support on behalf of the City of Carlsbad supporting legislation to enhance local governments’ ability to address the graffiti vandalism problem. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 6 16. AB #12,733 - REQUEST FROM CARLSBAD HIGH SCHOOL GRAD NIGHT COMMlTEE TO REDUCE FACILITY USE FEES. Charlotte White, Volunteer Chairperson for Carlsbad High School Grad Night, 2060 Basswood Avenue, gave the statistics on graduation night accidents that injure or kill so many high school seniors each year. She said the grad night activities planned by the parents of Carlsbad High School students is for an alcohol-free and drug-free evening. The high school gym is too small for the planned activities and there are no additional rooms available at the school. The Calavera Hills facility provides the space necessary for a successful party. Mrs. White said the request for a waiver of fees would be on an annual basis. Mayor Lewis suggested that some of the classes displaced at Calavera Hills Park might be held at the high school. He requested that Council Member Nygaard contact the School Board, with the backup of a formal letter from the Council, to determine whether some reciprocal use of their gym is possible. Council Member Finnila also suggested that staff should establish some guidelines for the grad night sponsors, since it appears it will be an annual event. ACTION: On motion by Council Member Nygaard, Council set a reduced fee of $500.00 for the June, 1994, Carlsbad High School Grad Nite activities. AYES: 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. ) 38 e e * June 7, 1994 Page 8 ADJOURNMENT: By proper motion, the Regular Meeting of June 7, 1994, was adjourned at 7:54 p.m. Respectfully submitted, &&./,-yu”’ ALET . AU KRANZ City Clerk Harriett Babbitt Minutes Clerk 12 7