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HomeMy WebLinkAbout1980-01-02; City Council; Minutes (2)*r CITY OF CARLSBAD WNClhMEh Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 2, 1980 Time of Meeting: 6:OO P.M. Place of Meeting: City Council Chambers CALL TO ORDER was made by Mayor Packard at 6:OO ., ROLL CALL was taken by the City Clerk: PLEDGE OF ALLEGIANCE was led by the City Manager INVOCATION was given by Don Brown, Executive Vice-president of the Carlsbad Chamber of Commerc.e. APPROVAL OF MINUTES: (Approved by one Motion) Motion x Ayes xxx Minutes of the Adjourned Regular Meeting, held December 14, 1979, were approved as presented. Minutes of the Adjourned Regular Meeting, held December 17, 1979, were approved as presented. Minutes of the Regular Meeting, held December 18, 1979, were approved as corrected. CONSENT CALENDAR: Councilman Lewis requested that Item No. 16 be removed from the Consent Calendar. Mayor Packard noted Council had been furnished a map of the property, the subject of Item No. 16.. Councilman Skotnicki requested that Items Consent Calendar. The following Items, with the exception of Mot ion Items No. 12, No. 14, No. 15 and No. 16, were Ayes XXF approved by one motion affirming the action of the Consent Calendar; 1. WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all Ordinances and Resolutions before Council at this meeting. 8 1 .' .. No. 12, No. 14 and No. 15 be removed from the -. ..%. (50) 2. AB /I6109 - PAYMENT OF BILLS. Council authorized payment of the bills for the general expenses of the City and for the Water Department in the amount of $710,735.92. (50) 3. AB #6110 - RATIFICATION OF PAYROLL. e Council ratified payment of the payroll in the amount of $189,573.53 for the period December 10, 1979 through December 23, 1979. (411) 4. AB #6111 - CLAIM AGAINST CITY - HELEN LOUISITCONNOR. Council adopted Resolution No. 6029, denying the claim and directing the City Attorney to refer the matter to the City's insurance carrier. CITY OF CARLSSAD CBUNCILMECI I) (41) 6. AB $16113 - 'CLAIM AGAINST CITY - GEORGE FOLGNER. Council adopted Resolution No. 6031, denying the claim and directing the City Attorney to refer the matter to the City's insurance carrier. (99) 7. AB $16103 - Supplement $11 - 18 UNIT CONDOMINIUM CT 79-12/CP-16 - APPLICANT: MALTER. Council adopted Resolution No. 6032, approving tentative map and condominium permit for project on approximately 1.1 acres generally located on northwest corner of El Fuerte and Luciernaga Streets .- \ 1 (99) 8. AB $16102 - Supplement $11 - CONVERSION OF A TEN UNIT APARTMENT TO'A CONDOMINIUM - CT 79-21/ - CP-24 - APPLICANT: PACIFIC ENGINEERING. Council adopted Resolution No. 6049, approving tentative map and condominium permit for project generally located between Alga and Unicornio. ,-. .. (97) 9. AB $16114 - CONSTRUCTION OF WATERLINE (45) IMPROVEMENTS IN BEECH, GARFIELD, CYPRESS, PALM AND ALDER EASEMENT - CONTRACT NO. 1070. Council adopted Resolutions No. 6033 and No. 6034, authorizing transfer of funds and approving plans and specs and authorizing C.lerk to invite bids. (93) 10. AB $15998 - Supplement $15 - SEWER ALLOCATION - AQUACULTURE - APPLICANT: .MATHEW LAPOTA & ASSOCIATES. Council adopted Resolution No. 6035, authorizing allocation of 3.73 edus to Mathew Lapota & Associates for Aquaculture. e (81) 11. AB $16115 - SEWER LINE EASEMENT QUI'X&;c.€AArN TENAGLIA . Council authorized the Mayor to execute a Quit- claim Deed for removal of the sewer easement on South, Range 5 West, San Bernardino Meridian. ,. Portion of Lot 2, Section 1, Township 12, . (99). 13. AB $15088 - Supplement $13 - FINAL MAP CARLSmD TRACT 77-2 - UNIT NO. 1 BUENA WOODS. Council approved the Final Map of Carlsbad Tract 77-2, Unit 1. (Buena Woods). 1 .. CITY OF CARLSBAD -3- Januar 2 1980 (62) 17. AB #6118 - 911 TELEPHONE SYSTEM. Council adopted Resolution No. 6037, opposing '.Senate Bill 374 which would negate.the State's telephone system. COMPLIANCE AUDIT. Council adopted Resolution No. 6038, accepting the proposal. of Ge0rge.A. Peterson. and Company to perform a Federal Revenue Sharing. Compliance Audit and transfer of funds for that purpose. (50) 19. AB 116120 - REFUND-OF FEES. Council authorized refund of requested fees to ' ' San Dieguito Union High School Di.strict. (74) 20. AB -116121 - REQUEST FOR AUTHORITY TO DESTROY FILES. Council adopted Resolution.No. 6039, authorizing the destruction of certain files. (74) 21. AB #6108 - PROFESSIONAL SERVICE AGREEMENT (45) WITH RALPH ANDERSEN AND ASSOCIATES. Council' adopted Resolution No. 6028, authorizing execution of agreement for purpose of serving as consultants for recruiting of a Police Chief. (51) 22. AB /I6122 - AGREEMENT FOR PARAMEDIC (45) TRAINING. Council adopted Resolution No. 6050, approving an agreement with the Regents of the University of California, San Diego Campus, to provide paramedic instruction. ITEMS REMOVED FROM THE CONSENT CALENDAR: (96) 12. AB $16116 - TRAFFIC SIGNALS AND STREET (45) LIGHTING AT ELM AVENUE AND PI0 PIC0 - CONTRACT NO. 1076. Councilman Skotnicki indicated he had requested this item removed from the Consent- Calendar to inquire if a traffic signal, in addition to the two existing signals on either side of the Freeway at Elm, was warranted to adequately regulate traffic at this intersection, in that signals at other intersections should be given priority. The Public Works Administrator responded with a history of the matter, indicating after installation of the proposed signal, it would be coordinated with the existing signals. Mr. Beckman referenced proposed expansion of City Hall facilities, increased traffic as a result of proposed extension of Elm Avenue and Monroe Street, and pedestrian traffic to area schools as factors supporting staffs' recommendation. e COUNCIILMIEb ..-, - .. CITY OF. CARLS5AD -4- 'January '2 , 1980 %' 0 In response to Council discussion relative to signals at other intersections, the Public Works Administrator.indicated a signal at Roosevelt and Elm has been budgeted, with design .and.installation pending adoption of.the Redevelopment Plan. With regard to the signal at Tamarack and El' Camino Real, the' City Manager indicated design was complete and City was awaioing for the developer to move forward. .Council directed this item continued to obtain a firm report from developer on installation of signal at Tamarack and to determine if sufficient funds are available for design and installation of a signal at Roosevelt and Elm. I (99) 14. AB $16073 - Supplement $11 - CONVERSION OF 7 APARTMENT UNITS INTO CONDOMINIUMS 79-15/CP-18 APPLICANT: LA FORTE. Councilman Skotnicki indicated he had requested this item removed from the Consent Calendar in order to cast a negative -vote. Council directed the City Attorney to prepare documents approving CT 79-15/CP-18, as per Planning Commission Findings and Conditions. 1 (99) 15. AB K6074 - Supplement $11 - 13 UNIT CONDOMINIUM CT 79-13/CP-17 - APPLICANT: JOSEPH. I. Councilman Skotnicki indicated he had requested this item removed from the Consent Calendar in order to cast a negative vote. I Council directed the City Attorney to prepare documents approving CT 79-13/CP-17, as per Planning Commission Findings and Conditions. I (81) 16. AB $16117 - REQUEST FOR REAPPRAISAL - CITY OWNED PROPERTY. 0 Councilman Lewis indicated he had requested this item removed to express the opinion that the subject property would greatly increase in value and the City should retain title, utiliz- ing a land back or lease agreement to derive desirable income. Council directed this item returned to staff for further report, including lease possibilities. .. I ORDINANCES FOR ADOPTION: I (93') 23. AB $15434 - Supplement $12 - REVISION OF EQUIVALENT DWELLING UNITS REQUIRED FOR-MOTELS. I Council adopted the following Ordinance: I ORDINANCE NO. 7059, AMENDING TITLE 13, CHAPTER 13.08 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 13.08.081(c) TO REVISE THE NUMBER OF EQUIVALENT DWELLING UNITS REQUIRED BY MOTELS. COUNCILMEh January CITY OF CARLSBAD CUUNGILMEI -5- 24. AB #6105 - PARKING RESTRICTIONS ON CARLSBAD BOULEVARD. Council adopted the .following Ordinance: ’ ORDINANCE NO. 3116, AMENDING TITLE 10, CHAPTER 10.40 BY THE AMENDMENT OF SECTION L0.40.042 OF THE CARLSBAD MUNICIPAL CODE TO REVISE PARKING RESTRICTIONS ON CERTAIN PARTS OF CARLSBAD BOULEVARD. Mayor Packard referenced his request that the City Attorney prepare an opinion addressing’ the placement of Ordinances For Adoption under the Consent Calendar in order to expedite Council meetings. PUBLIC HEARINGS : ’. 25. AB j16094 - ZONE, CHANGE FROM P-C TO RDM-Q ZC-206 -.APPLICANT: LA COSTA LAND COMPANY. (Continued from December 4, 1979). Council continued this item to February 5, 1980. Motion X Ayes. XXI 26. AB {I6095 -MASTER PLAN AMENDMENT MP-l49(D) APPLICANT: LA COSTA LAND COMPANY (Continued from December 4, 1979). ._ ... Council continued this item to February 5, 1980 Motion X HOUSING AND REDEVELOPMENT COMMISSION Council adjourned to the Housing and Redevelopmenk Comission at 6:45 P.M. Council reconvened at 6:46 P.M., with all members present. DEPARTMENTAL AND CITY MANAGER REPORTS: City Attorney Ayes XXI 27. AB $I6081 - LAKE CALAVERA HILLS REQUEST FOR DEVELOPMENTAL ASSURANCES. Mayor Packard referenced the written request of the applicant, Roy J. Ward, to continue this item until the next.Regular Meeting. Council continued this i-tem to January 15, 1980 Motion Ayes xx: 28. AB {I5998 - Supplement #6 - SECOND PHASE SEWER ALLOCATION. The City Manager gave an introductory staff report. It was the consensus of Council that the alloca-- tion in remaining categories, other than new industrial, be considered first. .. CITY OF CARLSBAD -6- January 2, 1980 " I Council adopted the following Resolution: 1 \ 8 RESOLUTION NO. 6041, AUTHORIZING ISSUANCE OF, SEWER CONNECTION PERMITS PURSUANT TO THE SECOND'PHASE SEWER ALLOCATION SYSTEM. In response' to public concerns relative to inconsistencies in the rating and allocation of applj-cations in 'the new industrial, Council discussed allocation to applications reflected in Alternate 1,-rather than Alternat'e 2, (as. contained in the December 11, 1979 Memorandum from the City Engineer). .. .. In this regard Council considered additionally including 'Application 1-3 in Alternate 1, between 1-17. and I-22,',in that inclusion would be consistent with previous Council action. It was acknowledged that such positioning would eliminate 1-22 from Alternate 1; however allocation as proposed per Alternate 2 would- also not allocate sewer to 1-22. Councilman . Skotnicki expressed a willingness to depart from his firm position re separating projects and dual allocation in the interest of con- cluding the matter. Council also dis.cussed retaining Application 1-17 in Alternate 1, in that Council policy allowed application for sewer for projects with approved septic, if construction had not begun. Council then discussed the status of Applicatio~ 1-18, which was not included in Alternate 1. Staff explained placement of 1-18 in Alternate 2 was the result of staff revisions to that application which, as originally submitted, would not qualify under Alternate 1. . A motion was made and seconded to adopt -Resolution No. 6040, allocating sewer for applications contained in Alternate 2.. The motion failed for lack of majority. a I I Mayor Packard then referenced a request to speak from the applicant regarding 1-18. The City Clerk indicated the applicant had been filed per requirements of Council Procedure Ordinance. Mayor Packard inquired if Council would un- animously waive such requirements and allow applicant to speak. Council declined. Council directed that sewer allocation in the New Industrial Category be made in accordance with Alternate 1, with the modification that I informed his request had,not been timely 1 Application 1-3 be included in Alternate 1, as contained in the December 11, 1979 Memorandum from .the City Engineer reflecting Applications ranked in Alternate 1 and Alternate 2. 1 COUNCILMED .. CITY OF CARLSBAD -7- %. January 2, 1980 I Council adopted the following Resolution, amending Exhibit "A" thereto to allocate sewer .; : to Applications in 'order of 1-20, 1-15, 1-26, :I-17 and 1-3: RESOLUTION NO. 6040, AUTHORIZING ISSUANCE OF SEWER CONNECTION PERMITS PURSUANT TO THE SECOND PHASE SEWER ALLOCATION SYSTEM FOR THE NEW INDUSTRIAL CATEGORY, with the change beginning on Page 1, at Line 19, to reflect wording identical to that of Resolution No. 6041, Page 1, Lines. 18 through 22. 0 I(37) 29. AB - $16123 - CITY COUNCIL COMPENSATION. " .I For the benefit of the,audience, Council noted Council compensation would be increased from $253 to $279 per month. .. I Council introduced the following Ordinance: . , ORDINANCE NO. 1227, AMENDING TITLE 2, CHAPTER 2.04 OF THE CARLSBAD MUNICIPAL COD: BY THE AMENDMENT. OF SECTION 2.04.030 TO IN CREASE THE COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL. (48) City Manager 30. AB $16124 - ADVISORY PROPOSITION REGARDING ALLOCATION OF STATE SALES TAX. The staff report was .given by Frank Mannen of the City Manager's Office. In response to Council inquiry re cost of including this matter on the ballot, the City Manager indicate approximately $300 to $500. Council directed staff to prepare the necessary documents to include this matter on the April 8, 1980 ballot as an advisory measure and retur same at meeting of January 15, 1980. I (110) 31. AB $15541 - Supplement $14 - PROPOSED RE- ORGANIZATION OF COSTA REAL MUNICIPAL WATER DIS- TRICT. .I A staff report was given by the City Manager, as contained in the Statement of the Matter. Council appointed Mayor .Packard and Councilman Anear as a steering committee to assist staff with proceedings to implement CM?D as a sub- sidiary district of the City. (51) 32. AB /I5027 - Supplement $12 - PURCHASE OF FIR STATION $12. The Assistant Attorney explained staffs' reques for continuance to allow an opportunity to re- spond to correspondence from La Costa's attorne Council directed this item continued. I 7 E - d n LE - It 'Y COUNCILMEb Mot Ton Ayes xxx *. .. - Motion Ayes x x .x Mot ion Ayes BE' i I ~ Mot ion Ayes FX i CITY OF CARLSBAD -8- January 2, 1980 The City Manager gave a staff report explaining :.the matter as contained in his December 28, .,1979 Memorandum to Council. Council adopted the following Resolution: RESOLUTION NO. 6042, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PERSONAL SERVICES AGREEMENT WITH RICHARD 0. BAUGH, with the change at line 6 to reflect January 7, 1980, rather than January 1, 1980; and corresponding changes in Section 6 of the incorporated Agreement to reflect employment per.iod of January 7, 1980 to April 7, 1980. \ For the record, Councilman Lewis expressed the view that appointment of an Interim Police Chief should be made from existing police personnel until such time as a permanent appointment could . be -made by the permanent City Manager. (48) 33. AB $16125 - APRIL. 8, 1980 GENERAL MUNICIPAL ELECTION. The City Clerk gave a staff report as contained in the Statement of the Matter and, in response to Council inquiry, reviewed filing deadlines. For the record, Councilman Anear expressed approval of the pre-sent City Clerk and requested the record to reflect Council action regarding placement on the ballot of appointive City Clerk did not reflect on her performance. Council adopted the following Resolutions: - RESOLUTION NO. 6043, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS RXQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY QUESTIONS RELATING TO MAKING THE OFFICES OF CITY CLERK AND CITY TREASURER APPOINTIVE. RESOLUTION NO. 6044, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE EEASURES. RESOLUTION NO. 6045, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARD CITY MEASURES. 0 COUMCILMEC 1. I ,. Motion Ayes ,. xxx .. CITY OF CARLS5AD -9- January 2, 1980 RESOLUTION NO. 6046, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID.CITY ON TUESDAY, RESOLUTION NO. 6047, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, TO RENDER SPECIFIED SERVICES TO SAID CITY P;ELATING TO THE CONDUCT OF A GENEUL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, '1980. RESOLUTION NO. 6048, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD 03 TUESDAY, APRIL 8, 1980, TO BE MADE BY THE CITY CLERK. (28). 34. AB $16107 - DISBANDING CERTAIN CITY COMMITTEES. Council discussion reflected their desire that the Mayor's Student Committee remain active in name in order to accommodate any students expressing an interest in participating in City " government. With regard to the Water Committee, it was pointed out same should remain active in name in view of the currently proposed consolid- ation of water districts. Council filed this item. CITY COUNCIL ADDITIONAL BUSINESS: Parks & Recreation Commission Councilman Lewis reported on the recent meeting and explained the desire of the Commission for Council clarification of the jurisdiction of the Historical Society with regard to the Magee House. Council discussion reiterated the Parks & Recreation Commission.was as.ked to obtain public input and forward their report and recommendation to Council re best use of the ' available space in Magee House to satisfy the diverse demands. In clarification, it was pointed out that Magee House, as property deeded to the City, was under the jurisdiction of the Council. CPO Councilman Skotnicki reported on results of CPO attempts to reduce proportionate share of the federal deficit. e .~ '. I. COUNCILME! -.. ". . Not ion xxx Ayes X .. CITY OF CARLSBAD COUNCILMEI -10- January 2, 1980 - Councilman Skotnicki indicated he would be 'attending a meeting on January 3, 1980 regard- ing construction schedule of Encina Phase 111. Blue Ribbon Rep.ort on Mobilehomes Councilwoman Casler referenced the report and Council's request for staff repart on zoning. The Planning ,:Director responded same had been .addressed in the Housing Element of the General CITY ATTORNEY ADDITIONAL BUSINESS: The Assistant City Attorney indicated the contract with the Interim City Manager had expired and if desired, Council should exercise the provisions therein to extend same. . Mayor Packard indicated Mr. Dernetz had indicated a willingness to continue as City Manager through January, 1980, until such time as the permanent appointment of City Manager is made. Mr. Dernetz acknowledged satisfaction of the legal requirement for 30. days notice. - ADJOURNMENT : Council adjourned at 9:00 P.M. to Tuesday, January 8, 1980 at 7': 00 P.M. in Council Chambers . Respectfully submitted, &!&dbB@- ALETHA I,. RAUTENKFUNZ , CITY CLERK Anita D. Murphy, Recmding Secretary e .-. . ",.,