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HomeMy WebLinkAbout1994-08-02; City Council; Minutes0 0 I MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 2,1994 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 Reverend Moquin of the Holy Cross Episcopal Church. PLEDGE OF ALLEGIANCE was led by Council Member Nygaard. ANNOUNCEMENTS: Mayor Lewis announced that all Council Members have been invited to attend and participate in the following event: Thursday, August 4, 1994, 1O:OO a.m., Groundbreaking Ceremony, Marine Fish Hatchery, at the Agua Hedionda Lagoon, Encina Power Plant. Mayor Lewis announced that this meeting will be adjourned in memory of City Manager Ray Patchett’s son, Shawn, who died last evening as the result of an automobile accident. PRESENTATIONS: Mayor Lewis presented a Certificate of Appreciation to Shande Carpenter of the Carlsbad Police Department for being selected Officer of the Year. Mayor Lewis presented a Proclamation to Acting Captain Don Lewis of the Police Department for NATIONAL NIGHT OUT in Carlsbad, Tuesday, August 2, 1994. Mayor Lewis introduced Fire Chief Dennis Van Der Maaten, who presented a Certificate of Appreciation to Marc Revere, who was honored by the County Officers Training Association as Instructor of the Year. 183 0 0 August 2, 1994 Page 2 APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the Minutes of the following Meetings were approved as presented: Minutes of the Special Meeting held July 12, 1994. Minutes of the Regular Meeting held July 12, 1994. Minutes of the Special Meeting held July 19, 1994. Minutes of the Regular Meeting held July 19, 1994. Minutes of the Regular Meeting held July 26, 1994. 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 #I through #3, 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. 39 1. AB #12,804 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer’s report on the status of City investments as of June 30, 1994. 47 2. AB #12,805 - AWARD OF CONTRACT FOR REPAIR OF BUENA VISTA CREEK CONCRETE 45 CHANNEL - PROJECT NO. 3385. Council adopted RESOLUTION NO. 94-219, accepting bids and awarding a contract in the amount of $103,853 to J. C. Baldwin Construction Company for the repair of the Buena Vista Creek Concrete Channel east of El Camino Real. 41 3. AB #12.806 - APPROVAL OF SRTLEMENT AND RELEASE AGREEMENT FOR A PARTIALLY COLLAPSED WALL AT 5001 AND 5016 TIERRA DEL ORO. Council approved the Settlement and Release Agreement between the City and Paul and Diane Krasner and Tom and Penny Breza for a partially collapsed wall on the easterly portion of properties located at 5001 and 5016 Terra Del Oro. 186 0 0 August 2, 1994 Page 3 ORDINANCE FOR ADOPTION: 114 4. AB #12,807 - ADOPTION OF REVISED CAMPAIGN SIGN REGULATIONS - ZCA 92-8. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- 287, amending Title 21, Chapter 21.41 of the Carlsbad Municipal Code by the amendment of Sections 21.41.1 10 through 21.41.160 to allow and regulate temporary campaign signs. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC COMMENT: Ben Smith, 301 7 Azahar Court, Rancho Carlsbad Mobile Home Park, read into the record a letter he had written to the Mayor and City Council, copy of which is on file in the City Clerk’s Office. He stated that in leaving the Green Valley initiative off of the November ballot, this will force an expensive special election. Mr. Smith stated there is no need for a major residential project in Green Valley, and he stated that the staff should not spend time reworking this project, but should be working for the public. He requested Council place the Green Valley Initiative on the ballot. PUBLIC HEARINGS: 112 5. AB #12,809 - WEED ABATEMENT PUBLIC HEARING. 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. ACTION: On motion by Mayor Pro Tern Stanton, Council adopted RESOLUTION NO. 94- 220, confirming the report of the Fire Chief showing cost of weed abatement against each parcel of land in said report, confirming the cost and providing for collection on the regular tax bill. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 20 6. AB #12,810 - DECLARATION OF A PUBLIC NUISANCE ON VACANT PROPERTY ON EL CAMIN0 REAL. Staff stated that a FAX was received from owner Tom Curnes asking for the hearing to be dropped, as he was going to clean up the property. Mayor Lewis opened the duly noticed Public Hearing at 6:32 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 Finnila, Council adopted RESOLUTION NO. 94- 221, declaring a public nuisance at vacant property on El Camino Real APN 21 5- 020-1 3-00. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 18s 0 e August 2, 1994 Page 4 PUBLIC HEARINGS: (Continued) 55 7. AB #12,811 - ADOPTION OF CITY OF CARLSBAD NONDISPOSAL FACILITY ELEMENT. Mayor Lewis opened the duly noticed Public Hearing at 6:36 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- - 222, approving the Nondisposal Facility Element for the City of Carlsbad. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 114 8. AB #12,812 - REVISION OF R-W ZONE PARKING REQUIREMENTS - ZCA 93-8. Mayor Lewis opened the duly noticed Public Hearing at 658 p.m., and issued the invitation to speak. Bob Richards, 4615 Park Drive, spoke in favor of this revision, stating the apartments there will be converted to condominiums and the apartment dwellers will become homeowners and improve the area. Richard Mullin, 4549 Cove Drive, stated this will not change the parking situation, but will improve the area. He said the Homeowners Association of Bristol Cove also endorses this proposed zone code amendment. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 659 p.m. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- 223, approving a Negative Declaration for a Zone Code Amendment amending %% 21, Chapters 21.44 and 21.45 of the Carlsbad Municipal Code by amending Sections 21 4.020 (a) (2), 21.44.050 (a) (1) and 21.45.090 (c) to revise parking requirements for residential planned unit developments in the R-W Zone; and introduced ORDINANCE NO. NS-288, amending Tile 21, Chapters 21.44 and 21.45 of the Carlsbad Municipal Code by the amendment of Sections 21.44.020 (a) (2), 21.44.050 (a) (1) and 21.45.090 (c) to revise parking requirements for residential planned unit developments in the R-W Zone. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila DEPARTMENTAL AND CITY MANAGER REPORTS: 48 9. AB #12,813 - MOBILE HOME RENT CONTROL REFERENDUM. 66 Edith Powell, 5373 Don Miguel, President of the Rancho Carlsbad Homeowners Association, thanked Council for the mobile home rent control ordinance, and stated the ordinance is needed to help homeowners in their park keep their homes. She stated the park owners are entitled to a fair return on their investment, but not the unfair profii they have proposed. Ms. Powell stated the homeowners in the mobile home parks will do everything they can to explain to the voters that this ordinance applies to mobile home parks only. i SA( 0 0 August 2, 1994 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Pete Garcia, 5236 Shore Drive, stated he is a local resident representing the three mobile home park businesses in Carlsbad, and he read from a prepared statement, a copy of which is on file in the City Clerk’s Office. Mr. Garcia said the owners had negotiated a very positive solution in volunteer rent control. This ordinance creates another bureaucracy to benefit a small number of people. He also stated that the City will spend excessive amounts of funds on legal defense of the ordinance. He urged Council to repeal the ordinance and finish the voluntary rent control accord. Ida Yolles, 3449 Don Jose, Rancho Carlsbad Mobile Home Park, stated Mr. Garcia hired signature gatherers who were paid $6 an hour for being there and $3 for each signature. The rent control ordinance provides rent control for the people who need it very badly. She stated that the ordinance will allow the homeowners in Rancho Carlsbad to purchase the park and keep their homes. Jed Robinson, 8041 Florence, Downey, representing South Shores, stated he had no comments at this time. Leslie Tanner, 6550 - 30 Ponto Drive, President of the Lanakai Lane Homeowners Association, thanked Council for the mobile home rent control ordinance and stated that many people who signed the petition did not realize this ordinance is only for the three mobile home parks in Carlsbad. She stated the homeowners do not have the money for a formal campaign, and will be making their own signs and the material they need to get the true message out to the voters. Ms. Tanner stated that the money spent by the park owners to get more signatures than they needed should have been spent for much-needed repairs in the parks. The homeowners have started a fund to help the City with the legal fees. Don Lincoln, 600 B Street, Suite 2400, representing Rancho Carlsbad Homeowners Association, thanked Council for passing the rent control ordinance and encouraged them to continue to support rent regulations to protect the homeowners’ investments. Mr. Lincoln stated that this matter should be placed on the ballot and supported with individual Council arguments. Frank Eckert, 5132 Don Rodolfo Drive, Rancho Carlsbad, stated the residents of their park are working people with average jobs who sorely need to keep rent control in effect. Chuck Gensler, 5106 Don Mata, Rancho Carlsbad, encouraged Council to put the rent control ordinance on the ballot. He said that it is very important that the language on the ballot be very clear, as many of those who signed the petitions did not know what they were signing. Don Olmsted, 809 Olive Avenue, Vista, representing COMPAC, stated that Council had taken action to protect the mobile homeowners in Carlsbad, and this protection is already provided to many mobile homeowners in the State. Because of the successful referendum, there is no choice except to place this issue on the ballot. Council Member Finnila stated she still favored tenant ownership of the space and coach, and supported the voluntary rent control accord. However, since Council had adopted the ordinance, she would favor putting it on the ballot to let the voters decide. 153 0 0 August 2, 1994 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- 224, amending Resolution Nos. 94-1 69 and 94-1 70, calling and giving notice of theholding of the General Municipal Election to be held in the City on Tuesday, November 8, 1994, to include the submission of the Mobile Home Park Rent Control Ordinance No. NS-282 to the qualified electors. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- 225, authorizing Mayor Lewis and Council Members Stanton, Kulchin and Nygaard to file a written argument in favor of the Mobile Home Park Rent Control Measure. AYES: Lewis, Stanton, Kulchin and Nygaard NOES: Finnila ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- - 226, directing the City Attorney to prepare an impartial analysis of the Mobile Home Park Rent Control Measure. AYES: Lewis, Stanton and Finnila NOES: Kulchin and Nygaard RECESS: Mayor Lewis declared a recess at 7:- p.m., and Council re-convened at 752 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 55 10. AB #12,814 - PASS THROUGH OF TIP FEE INCREASE AT COUNTY LANDFILLS. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- 227, establishing solid waste services rates for the City of Carlsbad. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 39 11. AB #12,815 - ANNUAL REPORT OF INVESTMENT PORTFOLIO. Council heard and accepted the City Treasurer’s annual report on the status of the City’s investment portfolio for Fiscal Year 1993-94. /sjL e e August 2, 1994 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 67 12. AB #I 2,816 - ESTABLISHMENT OF PROCEDURES FOR ACCEPTANCE OF STREETS OR ROAD INTO THE CITY STREET SYSTEM. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- - 289, amending Title 20 of the Carlsbad Municipal Code by the addition of Chapter 20.52 Acceptance of City Streets and Roads. 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. ADJOURNMENT: By proper motion, the Regular Meeting of August 2, 1994, was adjourned at 8:30 p.m., in memory of the City Manager’s son, Shawn Patchett. Respectfully submitted, &4* ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 181