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Home My WebLink About1994-07-19; City Council; Minutes** a e 4 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: July 19, 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 6:07 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 Senior Pastor Mark Griffo of the Good Shepherd Assembly of God. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: None. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of 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. 105 1. AB #12,784 - APPROVAL OF SUBRECIPIENT AGREEMENTS FOR 1994-95 COMMUNITY 45 DEVELOPMENT BLOCK GRANT FUNDS. Council adopted RESOLUTION NO. 94-205, approving Subrecipient Agreements for 1994-95 CDBG Funds with the following organizations: Carlsbad Care Crew, Senior Adult Services, Catholic Charities (Good Samaritan House), Catholic Charities (La Posada de Guadalupe), Community Resource Center, Carlsbad Hiring Center and the EYE Counseling and Crisis Services. 104 2. AB #12,785 - APPROVAL OF APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS. Council adopted RESOLUTION NO. 94-206, authorizing the City Engineer to make application to CalTrans for State-Local Transportation Partnership Program funds for certain arterial street and sidewalk projects. 06 0 0 f July 19, 1994 Page 2 CONSENT CALENDAR: (Continued) 20 3. AB #12,786 - DECLARATION OF PUBLIC NUISANCE - VACANT PROPERTY ON EL CAMINO REAL. Council adopted RESOLUTION NO. 94-207, declaring the City’s intention to hold a public hearing regarding the abatement of public nuisance on vacant property on El Camino Real (APN 2154- 020-13-00), and setting the public hearing for August 2, 1994. 37 4. AB #12,787 - 1994 CITY COUNCIL GOALS AND OBJECTIVES. Council adopted the 1994 City Council Goals and Objectives as presented. 41 5. AB #12,792 - SElTLEMENT OF LAWSUIT - CARLSBAD UNIFIED SCHOOL DISTRICT V. CITY, 45 CASE NO. N61929. Council adopted RESOLUTION NO. 94-21 1, approving settlement of the lawsuit entitled Carlsbad Unified School District v. C*W of Carlsbad, Case No. N61929, and authorizing the Mayor to execute the Settlement and Release Agreement. ORDINANCE FOR ADOPTION: 67 6. AB #12,788 - AMENDMENTS TO THE MUNICIPAL CODE RELEVANT TO THE COMMUNITY SERVICES DEPARTMENT. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- 286, amending various sections of Chapter 2.48, Chapter 6.08, Chapter 11.1 2, Chapter 11.24, Chapter 11 -32 and Chapter 21.38 of the Carlsbad Municipal Code to add references to the Community Services Director and the Community Services Department. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ANNOUNCEMENTS: Mayor Lewis announced that the City Council Members have been invited to attend and participate in the following events: Wednesday, July 20, 1994, 6:30 - 6:45 p.m., Patrons of the Arts Fund Raising Dinner Event, at Marie Callender’s Restaurant, Avenida Encinas. Thursday, July 21, 1994, 12:OO noon, North County Mayors and Managers Luncheon Meeting, at Aviara Golf Resort, Argyle Restaurant Patio, Batiquitos Drive. Sunday, July 24, 1994,3:00 p.m., Re-opening of Historical Mineral Spring, at Alt Karlsbad, 2802 Carlsbad Boulevard. Monday, July 25, 1994, 6:OO p.m., Sister City Reception for Karlovy Vary Visitors, at the Carlsbad Senior Center, Pine Street. 1 85 0 e July 19, 1994 Page 3 PUBLIC COMMENT: Robert Payne, P. 0. Box 3073, spoke on the Green Valley initiative, stating the previous week several citizens had requested Council to place the Green Valley initiative on the November ballot. He stated the Council remarks at that time contained incorrect information. He said that contrary to Council comments, the Council had not continued the hearing due to citizens’ requests, but due to the Mayor of Encinitas requesting a study of the traffic situation. The request for a 90-day continuance was not granted as the citizens requested, nor did Council at any time grant the citizens delay on these projects, but responded to the Mayor of Encinitas and the Hunt brothers. Kay Christiansen, 2802 Carlsbad Boulevard, gave the details and history leading up to the re-opening of the historical mineral spring at Alt Karlsbad, which is scheduled for Sunday, July 24. The Police Department has agreed to close one lane of traffic at that time, but Ms. Christiansen requested that Council close the entire block during the dedication. She stated there is a danger that children might dart into the traffic and be injured. There also will be people crossing Carlsbad Boulevard during that time to view displays at the Lutheran Home. Council Member Kulchin stated she felt that Carlsbad Boulevard should be closed entirely for one to two hours. Police Chief Vales stated that the Police Department will be there monitoring the situation, and if it becomes necessary to close the entire street, they are prepared to do that. 86 ACTION: On motion by Mayor Lewis, Council, in accordance with Government Code Section 54954.2(b)2, determined that the need to take action arose after the agenda was posted, and agreed to add the item to the agenda. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ACTION: On motion by Mayor Lewis, Council directed Police Chief Vales to follow his proposed plan for the event on Sunday, July 24, 1994, at 3:OO p.m.; to monitor the crowd during the dedication ceremony at Alt Karlsbad, and if the situation warrants, to close Carlsbad Boulevard. AYES: Lewis, Stanton, Nygaard and Finnila NOES: Kulchin Council Member Kulchin stated she voted no on the motion as she feels Carlsbad Boulevard should be closed during the ceremony, and if the crowd does not warrant, then open the street to traffic. Hugh Lyttleton, 3429 Don Lorenzo, Rancho Carlsbad, stated he was concerned with the recent petition signing drive on the part of the mobile home park owners in opposition to the mobile home rent control ordinance, and he wanted the signers to be checked to determine whether they were actually registered voters. He stated the mobile home part rent control ordinance is necessary now and will be in the future. City Clerk Lee Rautenkranz stated that the referendum petition was filed and taken to the Registrar of Voters’ Office to have the signatures verified. The names and addresses of the circulators will also be verified and any discrepancies will be reported to the District Attorney’s Office. /t? LC 0 e i July 19, 1994 Page 4 PUBLIC HEARING: 64 7. AB #12,789 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Staff announced that notice ws given in the manner and form as required by law and a Certificate of Compliance is on file and open for public inspection. Staff continued the report by providing a description of the boundaries of the district; explaining the extent of maintenance work; summarizing the Engineer's 'Report'; explaining the method and formula of assessment spread; and reporting that no protests have been received. Mayor Lewis opened the duly noticed Public Hearing at 6:45 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 RESOLUTION NO. 94- - 208, confirming the diagram and assessment and providing for the levy of the annual assessment in a Special Maintenance District. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:17 p.m., and re-convened at 6:18 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 113 8. AB #I 2,790 -APPROVAL OF DOCUMENTS RELATED TO CONSTRUCTION AND OPERATION OF 105 THE VILLAS AT EL CAMINO REAL AFFORDABLE HOUSING PROJECT. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- Affordable Housing and Financial Reimbursement Agreement with Aviara Land Associates and El Camino Villas Associates. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila -9 209 to approve a ground lease with El Camino Villas Associates and an 113 9. AB #12.791 - ECONOMIC DEVELOPMENT UPDATE AND APPROVAL OF CITY OF 99 CARLSBAD/LEGO PARK PLANNING. INC.. MEMORANDUM OF UNDERSTANDING. 45 Dwayne Gose, 348 Pine Avenue A-5, asked whether this was Lego's project or the City of Carlsbad, stating that Leg0 should prepare all the plans and hire consultants instead of using the resources of the City. He stated that the City was supplying a steno pool for Leg0 and the public would oppose Clty financing. Community Development Director Marty Orenyak responded that the City is not supplying a steno pool for Leg0 and Leg0 is hiring its own consultants. 183 4, a 0 July 19, 1994 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- 21 0, directing the Mayor to execute the Memorandum of Understanding between thecity of Carlsbad and Leg0 Park Planning, Inc. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 37 10. AB #12,794 - CITY COUNCIL COMPENSATION. ACTION: On motion by Mayor Pro Tem Stanton, Council directed the City Attorney to receive and file the report. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila RECESS: Mayor Lewis declared a recess at 8:09 p.m., and Council re-convened at 8:19 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 55 11. AB #12,795 - SOLID WASTE MANAGEMENT UPDATE. Council received and filed the report. 55 12. AB #12,793 - APPROVAL OF CONSULTANT AGREEMENT FOR REVIEW OF SOLID WASTE 45 SERVICES CONTRACT AND RATES. City Attorney Ron Ball recommended that under paragraph 25 of the agreement, Conflict of Interest, that the second paragraph be deleted and that Council direct staff to determine the appropriate disclosure categories. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- 21, authorizing execution of a consultant services agreement (as amended) with Hilton Farnkopf & Hobson. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila COUNCIL REPORTS: Council Members reported on the activities and meetings of the various committees and sub-committees of which they are Members. 18% 4. * e July 19, 1994 Page 6 ADJOURNMENT: By proper motion, the Regular Meeting of July 19, 1994, was adjourned at 8:43 p.m. Respectfully submitted, m.p+ ALETHA L RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk . I8/