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HomeMy WebLinkAbout1994-09-06; City Council; Minutesx 0 0 MINUTES MEFllNG OF: CrrY COUNCIL (Regular Meeting) DATE OF MEETING: September 6,1994 llME OF MEIXING: 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 Father Donald Coleman of the St. Elizabeth Seton Catholic Church. PLEDGE OF ALLEGIANCE was led by Council Member Finnila. ANNOUNCEMENTS: Mayor Lewis announced that the City Council Members have been invited to attend and may be participating in the following events: Wednesday, September 7,1994,12:00 noon, Poinsettia Bridge Improvements Groundbreaking Ceremony, at Poinsettia Lane and Paseo Del Norte. Thursday, September 8, 1994, 3:OO p.m., Candidates’ Briefing Session, at the Public Safety Center, 2560 Orion Way. Friday, September 9, 1994, 6:OO p.m., Women’s Resource Center Fund Raiser, at 5850 Sunny Creek Road. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the Minutes of the following Meetings were approved: Minutes of the Special Meeting held August 9, 1994. Minutes of the Regular Meeting held August 9, 1994, as amended. Minutes of the Special Meeting held August 16, 1994. Minutes of the Regular Meeting held August 16, 1994. Minutes of the Special Meeting held August 23, 1994. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CONSENT CALENDAR: Council removed Items #5 and #7 from the Consent Calendar. a a/ 0 0 41 73 45 81 39 54 45 57 77 113 84 45 September 6, 1994 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) ACTION: On motion by Mayor Pro Tem Stanton, Council affirmed the action of the Consent Calendar, Items #I through #7, with the exception of Items #5 and #7, 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 #12,839 - SETTLEMENT OF LAWSUIT ENTITLED BETS, ET AL, V. CITY, ET AL. Council adopted RESOLUTION NO. 94-242, authorizing the expenditure of $6,632.66 for settlement of the lawsuit entitled Betts, et al v. City of Carlsbad, et al, U. S. District Court Case No. 94-0357-H(CM). 2. AB #12,840 - APPROVING AN ABOVE-GROUND ENCROACHMENT - PR 4.76. Council adopted RESOLUTION NO. 94-243, approving an encroachment agreement with Jerry and Peggy Moffatt to allow a three-foot high retaining wall in a portion of the public easement at 4444 Adams Street. 3. AB #12,841 - ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 94-24, accepting a $1,000 donation to the Senior Center from anonymous donors to be used to support special luncheons. 4. AB #12,842 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City’s investment portfolio as of July 31, i 994. 5. AB #12,843 - AMENDMENT TO AGREEMENT FOR THE POINSETIA LANE/INTERSTATE 5 INTERCHANGE PROJECT. This item was removed from the Consent Calendar. 6. AB #12,844 - APPROVING THE GENERAL PIAN UPDATE AMENDMENT AND THE SEAPOINTE RESORT GENERAL PIAN AMENDMENT - EIR 93-1/GPA 94-1/GPA 93-4/ZC 93-5/LCPA 93-4. Council adopted RESOLUTION NO. 94-246, certifying the Master Environmental Impact Report and approving the update of the General Plan, and adopting the Negative Declaration and General Plan Amendment for the Seapointe Resort. 7. AB #12,845 - AWARD OF CONTRACT FOR PURCHASE OF FIRE HOSE. This item was removed from the Consent Calendar. 21 I 0 0 September 6, 1994 CITY COUNCIL Page 3 EMS REMOVED FROM ME CONSENT CALENDAR: 54 5. AB #12,843 - AMENDMENT TO AGREEMENT FOR THE POINSElTIA LANEhNTERSTATE 5 45 INTERCHANGE PROJECT. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 94- Engineering Corporation for the Poinsettia Laneb-5 Interchange Widening Project. - 245, approving Amendment No. 3 to the Design Services Agreement with Boyle AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 54 7. AB #12,845 - AWARD OF CONTRACT FOR PURCHASE OF FIRE HOSE. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- - 247, awarding contracts to Allstar Fire Equipment, Inc., Halprin Supply Company, L. N. Curtis & Sons and Wajax Pacific for the purchase of fire hose. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila ORDINANCE FOR ADOPTION: 31 8. AB #12,846 - ADOPTION OF ORDINANCE REGARDING MASSAGE REGULATIONS. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted ORDINANCE NO. NS- 291, amending various sections of Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code regarding massage establishments, massage technicians and holistic health practitioners; and adopted RESOLUTlON NO. 94-248, establishing massage technician and holistic health practitioner license fees. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBUC COMMENT: Eleanore Reeder, 6550 Ponto Drive, Lanikai Lane Mobile Home Park, spoke in favor of the mobile home park rent control ordinance, and urged the citizens vote "yes" on Proposition F on the November ballot. Maurice "Mo" Kimball, 1623 James Drive, spoke in opposition to the Library's proposed increase in rental fees for videos. PUBUC HEARINGS: 20 9. AB #12,847 - REPORT ON STATUS OF PUBLIC NUISANCE AT 3244 HARDING STREET jj. Community Development Director Marty Orenyak reported on the progress made on the site and recommended the matter be filed. Mayor Lewis opened the duly noticed Public Hearing at 6:24 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. am 0 0 September 6, 1994 CITY COUNCIL Page 4 PUBLIC HEARINGS: (Continued) ACTION: On motion by Council Member Kulchin, Council received the report and filed the matter. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 106 10. AB #12,848 - UNDERGROUND UTILITY DISTRICT NO. 15. Mayor Lewis opened the duly noticed Public Hearing at 6:25 p.m., and issued the invitation to speak. Mary Davis, 236 Olive Avenue, questioned whether property owners must be ready to connect on November 15, 1994, and when the proposed cost of from one to two thousand dollars would be payable. She stated that several of the people in that area are on fixed incomes and it would be difficult for them to pay this amount. Ms. Davis was also concerned about how the connection would be made to her home. Dick Roberts, 4048 Garfield, spoke in favor of the undergrounding of the utilities, stating it looks terrible now and this will improve the value of homes. Margaret Bonas, 231 Olive, stated there are no street lights on Olive. She also said SDG&E was supposed to provide funds for undergrounding Garfield when they received approval to enlarge their plant. She questioned why it was never accomplished. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:29 p.m. Walter Brown responded to questions, stating it is the property owner’s responsibility to hire an electrician to make the connection to SDG&E’s line. He also reported there are three street lights in that district and the plan is to add two on Olive. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTlON NO. 94 - 249, declaring and designating a certain part of said City as Underground Utility District No. 15 and making orders in regard thereto and also setting November 15, 1994, as the time to be ready to connect to underground electric system in Underground Utility District No. 15. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 77 11. AB #12,849 - FINANCING PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 9. Mayor Lewis opened the duly noticed Public Hearing at 6:43 p.m., and issued the invitation to speak. Doug Avis, Kaiza Poinsettia Corporation, Project Director, spoke in favor of the matter and requested approval. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:46 p.m. 2 09 0 0 September 6, 6994 CITY COUNCIL Page 5 PUBLIC HEARINGS: (Continued) ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 94- - 250, approving a financing plan for Local Facilities Management Zone 9. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 28 12. AB #12,852 - FAMILY HOUSING REVENUE REFUNDING BONDS FOR THE SEASCAPE VILLAGE PROJECT. Mayor Lewis opened the duly noticed Public Hearing at 7:13 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- 252, authorizing the issuance, sale and delivery of multi-family housing revenue refunding bonds by the Carlsbad Housing and Redevelopment Commission (The "Commission") in a principal amount not to exceed $1 5,500,000 for the purpose of refunding bonds previously issued by the Commission to finance the cost of a multi-family rental housing project, and certain other actions with regard to the Seascape Village Project. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:14 p.m., and re-convened at 7:16 p.m., with all Members present. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:66 p.m., and re-convened at 7:35 p.m., with all Members present. DEPARTMENTAL AND CW MANAGER REPORTS: 28 13. AB #12,850 - APPROVAL OF THE REDEMPTION OF THE 1983 SINGLE FAMILY MORTGAGE REVENUE BONDS. ACTION: On motion by Council Member Finnila, Council adopted RESOLUTION NO. 94- redemption of all of its outstanding single family Residential Mortgage Revenue Bonds, issue of 1983 (The "Bonds"); approving a Supplemental Indenture, and delivery of all necessary and related documents in connection with the foregoing actions. - 251, authorizing the execution and delivery of an Asset Purchase Agreement, AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila RECESS: Mayor Lewis declared a recess at 7:44 p.m., and Council re-convened at 754 p.m., with all Members present. 208 a 0 September 6, 1994 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 70 14. AB #12,851 - AGUA HEDIONDA LAGOON REGULATIONS. Council Member Finnila stated there needs to be signs posted at the Lagoon stating "No Swimming". Tom King, 4781 Gateshead Road, Representing Aqua Hedionda Lagoon Foundation, spoke in support of the recommended regulations. Keith Mahler, 451 9 Cove Drive, #7, representing Bristol Cove Boat and Ski Club, spoke in support of the regulations. ACTION: On motion by Mayor Pro Tem Stanton, Council introduced ORDINANCE NO. NS- - 292, amending Title 11 of the Carlsbad Municipal Code by the amendment of Chapter 11.24 to revise the regulations for Agua Hedionda Lagoon; amended in Section 11.24.095 to add the words "the middle and" in the last sentence before the word "outer". AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 55 15. AB #12,853 - UPDATE ON SOLID WASTE MANAGEMENT ISSUES. Frank Mannen reviewed the latest information from the San Diego Waste Authority. Dal Williams, Vice Mayor, City of Vista, and Chairman of the Solid Waste Authority, stated the County is not in charge of the Solid Waste Authority--the Authority is in charge. He stated the Authority has the ability to take care of Carlsbad's trash problem today and tomorrow and will work with the City. The Authority plans to get the tipping fee down to $48 for a full-service fee. Mr. Williams stated that the lower tipping fees quoted by other sources do not include transportation charges and disposal of all types of waste. Brian Cochran, 1927 Dayton Drive, Lemon Grove, a member of the Solid Waste Authority, stated they are not the County of San Diego, and that 60 percent of the voting clout is with the cities, with the County the minority. He stated that if Carlsbad joins, there is no cost to get out of it. This is the only option that can provide a turnkey operation tomorrow for all wastes. Mr. Cochran stated that the $55 charge covers everything within the system, and is a full-service fee. He said they are looking at all options available to make certain they get the best rate for their members. ACTION: Council, by consensus, decided to hold a workshop at 12 noon, September 12, 1994, in the Council Chambers, to review the solid waste management issues and discuss all options. COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. do? . . a e *. September 6, 1994 CITY COUNCIL Page 7 ADJOURNMENT: By proper motion, the Regular Meeting of September 6, 1994, was adjourned at 915 p.m. Respectfully submitted, ALETHA wa- L. RAUTENKRANZ 1 City Clerk Harriett Babbitt Minutes Clerk 206