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HomeMy WebLinkAbout1978-08-22; City Council; Minutesa$ - b D CITY OF CARLSBAD COUNCILMI ~. Meeting of: CITY COUNCIL (Adjourned Regular Meeting) Time of Meeting: 7:OO P.M. Date of Meeting: August 22, 1978 Place of Meeting: Council Chambers ROLL CALL: Mayor Packard stated the purpose of this meeting was to complete the Agenda items from the meeting of August 15, 1978. 31. AGENDA BILL #5541 - FORMATION OF A SUB- [1101 SIDIARY DISTRICT OF THE. MUNICIPAL WATER DISTRICT The City Engineer gave a brief staff report referencing the Memorandum to the City Manager from the Director of Utilities & Maintenance dated August 4, 1978. He stated the proceedings may be initiated by the City, but must be placed on the ballot by LAFCO. Councilman Skotnicki expressed concern regarding the matter in that staff had been instructed in November of 1977 to proceed with the matter. -In this regard he questioned why little progress had been made by staff in that they had been given very clear direction. The City Manager stated staff would prepare a written report in response to the question. How- ever, staff feels Council should review the proposals prior to proceeding with the matter. Council directed staff to return at the second Motion regular Council meeting in September with a Ayes xx: .2raft of a request for p.roposals outlining the study and report necessary to proceed with the consolidation of the two water systems. 32. AGENDA BILL #5542 - REQUEST TO 'LEASE CITY c811 OF CARLSBAD WATER DEPARTMENT PROPERTY - MISSION AND FOUSSAT, OCEANSIDE. The City Ma.nager gave a brief stqff report on the matter. Councilman Anear questioned whether any attempt had been made to dispose of the property or to advertise the property for lease. Staff indicated Council had previously considered disposing of the property and had d-etermined it desirable to retain the water rights, thereby deeming it necessary to retain the property. In addition, staff indicated the property had not been advertised for lease. Council discussed proposed future development in the area and expressed the desire for obtaining the maximum use of the property. Council continued the matter to the second regu- Motion X jar meeting in September. Ayes xxx The City Manager stated staff would furnish a report to Council as to the possibility of peopl ! that may wish to handle the property on a lease basis. 1 1 Cl OF "2- August' 22, 1978 33. AGENDA BILL #5543 - AMENDMENT TO'MUNICIPAL [881 CODE - REGARDING FOOD 'VENDING VEHI.CLES AND 'PRE- PARED SANDWICHES. I B The City Manager gave a brief report stating the proposed ordinance would bring our Code into conformance with County regulations. Councilman Skotnicki referenced Section 61.151(b)(Z) which requires the sale of fresh sandwiches within 72 hours after preparation; however, allows sandwiches which are immediately frozen a period of one year for delivery to a retailer followed by a 15 day sale period upon unfreezing of the sandwiches. He questioned the difference in the sale period of fresh sandwiche versus those which were :previously frozen. ~ The City Manager stated the Department of Public Health ,would be contacted regarding the matter and Council would be informed as to their response. The following Ordinance was introduced fo'r a first reading by title only: ORDINANCE NO. 5054, AMENDING TITLE 6, CHAPTER 6.02, SECTION 6.02.010 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SUBSECTION (i) TO REVISE PARED SANDWICHES AND PREPARED FOOD VENDING VEHICLES. THE HEALTH AND SANITATION REGULATIONS FOR PRE- 34. ~GENDA BILL #5544 - AMENDMENT TO MUNICIPAL I* [883 CODE - FOOD HANDLERS. The City Manager stated the ordinance would bring our Code into conformance with County regulations. The following Ordinance was introduced for a first reading by title only: ORDINANCE NO. 5055, AMENDING TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMEN.T OF SECTION 6.02.060 TO REVISE HEALTH REGULATIONS FOR FOOD HANDLERS. Do Councilman Anear questioned the advisability of eliminating the ceguirement for the tuberculin skin tests and re'quested staff to correspond with the Department of Public Health regarding this concern. I 35. AGENDA BILL #5545 - SETTING TAX RATE - [1,101 FISCAL YEAR 1978-79. The City Manager gave a staff report stating duc to the uncertainty of the ruling on the validit) of Proposition 13 by the Supreme Court,'.staff continued to include a tax rate. However, if Proposition 13 was ruled valid, the tax rate would not apply. .. .. CITY ' OF ~ CARLSBAD ', COUNCILME .. -3- August 22, 1978 1 b The City Manager continued sta.ting it had been determined that a total t-ax rate of $.93 for District No. 1, and $.87 for District No. 2 would be sufficient to raise the revenues neces- sary to support the budget as submitted, with no cuts. Councilman Skotnicki suggested that Council set a tax rate in accord with the vote of the people on Proposition 13, thereby necessitating a budge cut even if Proposition 13 is ruled invalid. It was moved and seconded that Resolution No. 5313 be amended to reflect a tax rate of $.60, plus $.01 for Library Bond Interest and Redemp- tion, plus $.06 for Sewer Bond Interest and Redemption for District No. 1; and $.60 plus $.01 for Library Bond Interest and Redemption for District No. 2. The motion failed for lack of a majority. Following further discussion, the following Resolutions were adopted by title only: RESOLUTION NO. 5513, SETTING THE TAX RATE FOR THE 1978-79 FISCAL YEAR, with a total tax rate i District No. 1 of $,93 and a total tax rate in District No. 2 of $.87, with instructions to staff to adjust all other figures accordingly. 'RESOLUTION NO. 5512, FIXING THE AMOUNT OF ". REVENUE FROM PROPERTY TAXES NECESSARY TO SUPPORT THE DEPARTMENTS OF THE CITY OF CARLSBAD AND FIXING THE AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY THE BONDED INDEBTEDNESS OF THE "1962 SEWER BONDS, SERIES A, By AND C" AND with instructions to staff to adjust all figures to correspond with that which would be raised under Resolution No. 5513. 36. AGENDA BILL #5498 - Supplement #1 - SELF- c601 INSURANCE/WORKER'S COMPENSATION - SERVICE AGREE- MENT BETWEEN R. L. KAUTZ AND COMPANY AND CITY OF CARLSBAD. "1966 LIBRARY BONDS" FOR 1978-79 FISCAL YEAR, B Councilman Skotnicki questioned why the proposed Memorandum of Agreement does not contain a pro- vision requiring the firm to provide a safety program as part of the package. He stated the representative of the firm had previously indi- cated they offered such a program. In response, the Assistant City Manager stated the safety services are not part of the agreemen and would cost extra with all companies who had submitted a proposal. Councilman Skotnicki stated he had emphasized the point of safety in that he felt it was important. The Assistant City Manager then outlined the existing safety .program. I ~ ~ I 1 I .: Motion Ayes X Noes X B 9 D ! 1 x 1 .. August b t291 D . .. .. CITY OF CARLSBAD .' ' .' COUNCILME -4- The following Resolution was adopted by title COMPANY FOR CERTAIN SERVICES RELATIVE TO SELF- INSURANCEJWORKERS' COMPENSATION PLAN. The City Manager gave a brief report stating this was an interim continuation only, and is a matter of closing the books for auditing pur- poses. The following Resolution was adopted by title only: RESOLUTION.NO. 5515, AUTHORIZING CONTINUING . Motion APPROPRIATIONS FOR CAPITAL IMPROVEMENTS THAT Ayes xx: WERE INCOMPLETE AS OF JUNE 30, 1978, UNTIL THE 1978-79 BUDGET IS APPROVED. BUDGET The City Manager stated the revised budget shoull be completed and ready for distribution to Council on Friday, August 25, 1978. It was the concensus of Council that the budget %e discussed at a workshop meeting on August 29, 1978, at 7:OO P.M. CITY COUNCIL ADDITIONAL BUSINESS: JAC Councilman Skotnicki stated a matter scheduled to come before JAC which he felt Council should be aware of is a request of Leucadia County Water District for use of the Encina Outfall as a failsafe for proposed reclamation activities. He continued stating the subcommittee acted on the matter and will recommend JAC approval. The Public Works Administrator gave a detailed explanation of the request by Leuca.dia County Water District and the reason for same. Councilman Skotnicki then stated the outfall was designed, intended for and built to handle sewage effluent from the plant. Further the request would result in bypassing the plant and using the outfall for something other than what comes out of the plant. - JAC REORGANIZATION Councilman Skotnicki referenced the proposed reorganization of JAC and the desire to get out from under the County. He then reported on the history of the matter and referenced the pro- posed new Joint Powers Agreement, expressing the feeling that the new agreement does not accom- plish the desired goal. - B B August ~481 CITY OF CARLSBAD COUNCILME -5- In- this regard, Councilman Skotnicki recommended that Council direct the City Attorney to review the existing agreement for discussion with Council in the near future at a workshop meeting Council concurred with the recommendation and directed staff to place the matter on the agenda for a workshop meeting at the appropriate time. cpo Councilman Skotnicki.reported that on the last agenda for CPO, the Board of Directors approved a Regional Plan Compliance Program. He stated this would entail a report on the part of all member cities as to what each city is doing to implement the Regional Comprehensive Plan. He continued stating the CPO staff would assist in the formulation of the report and would be contacting the City's staff if they had not all ready done so. cpo Councilman Skotnicki stated a draft of the Regional Air Quality Maintenance Plan would be completed shortly for review. &PO Councilman Skotnicki stated the Board of Directo,*s approved a Regional Energy Plan draft which con- tains actions recommended for implementation by cities. He stated the Board wi1.l urge that cities review, adopt and implement those actions that are suitable to 'local conditions. 1 LOW-COST HOUSING Councilman Skotnicki informed Council that Col. Dunne had submitted an argument in opposition to the low-cost housing referendum. He stated if Council so desired, he would prepare a re- buttal and submit same to Council for their consideration. Council authorized Councilman Skotnicki to write Motion X a rebuttal to the argument against the low-cost Ayes xxx housing un-numbered proposition for Council's consideration. PARKS & RECREATION COMMISSION Mayor Packard stated he had reviewed the applica- tions for the vacancy on the Parks & Recreation Commission, and announced his intent to appoint Shirley Dahlquist. CITY MANAGER ADDITIONAL BUSINESS:. The City Manager stated he had been informed by the City Clerk that the deadline for submission of a rebuttal to the County is August 25, 1978. Therefore, Council would need to meet for a short session by August 25,. 1978, to consider the rebuttal prepared by Councilman Skotnicki. 1 . .. *, ... .-. . CITY OF CARLSBAD COUNCILME - 6- It was the concensus of Council that a rebuttal not be prepared by Counci.lman Skotnicki in that Council could not meet to consider same. EXECUTIVE SESSION: Mayor Packard called an Executive Session at 8:29 P.M. for the ,purpose of discussing litiga- tion. Council reconvened at 8:49 P.M. with all Council members present and the Mayor announced that litigation had been discussed. ADJOURNMENT: By proper motion, the meeting was adjourned at 8:50 P.M. to Tuesday, August 29, 1978, at 7:OO P.M. in the Council Chambers. Respectfully submitted,