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HomeMy WebLinkAbout1980-01-15; City Council; MinutesWNCltMEt ,.c. 1 Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: January 15, 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 P.M. INVOCATION was given by Mayor Packard. PLEDGE OF ALLEGIANCE was led by the Public Works Administrator, Ron Beckman. Councilman Anear arrived and was noted present by .the City Clerk. Minutes of the Adjourned Regular Meeting, held December 28, 1979, were approved as presented. Minutes of the Regular Meeting, held January 2, 1980, were approved as presented. Minutes of the Adjourned Regular Meeting, held January 8, 1980, were approved as presented. INTRODUCTION OF CITY MANAGER: Mayor Packard introduced Frank D. Aleshire, who has been appointed City Manager, to assume that position on January 16, 1980. Mayor Packard outlined the process Council had employed in making the selection, highlighted Mr. Aleshire's qualifications and employment background, and expressed Council's unanimous confidence in same. Mr. Aleshire expressed appreciation of Council's remarks. INTRODUCTION OF INTERIM POLICE CHIEF: Mr. Baugh acknowledged the introduction. PRESENTATION OF SERVICE PINS: Mayor Packard presented service pins to the following employees, in recognition of their respective employment tenure: James Elliott Lorraine Minor Susan Robinson Bud Plender CITY OF CAWLS COUNCILMEO Ron Beckman Roger Greer Gregory Clavier Robert Miller 'Marlin Schlueter . William Coleman . Patricia Hansen Marge Failing Gayle Loden Earl Cunningham Charles Mitchell Kathryn Formosa Robin Hargett Dean Harrold Dave Packer Donny Brown Darrell Bennett Richard Smith " Dick Sprehe Councilman Lewis requested that Item No. 14 WAIVER OF ORDINANCE TEXT READING. Council waived the reading of the text of all AB $16126 - 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 $585,062.34. Council ratified payment of the payroll in the amount of $198,814.24 for the period December 24., 1979 through January 6,1980. January w - (41 1 0 (32) (83) ( 4.5 1 (84) (50) (50) 0 (70) (99) 1 m CITY OF CARLSBAQ COUNC1IMEl -3- 4. AB a6128 - CLAIM AGAINST THE CITY - LAWRENCE, DOMINICK AND JOHN CARXI. Council adopted Resolution No. 6051, denying \the claim and directing the City Attorney to refer the matter to the City's insurance carrier. 5. AB $16129 - CALIFORNIA CRIME WATCH. Council adopted Resolution No. 6052, endorsing the California Crime Watch Plan. 6. AB $16071 - Supplement #l - RECOATING OF ELLERY RESERVOIR - CONTRACT NO. 1078. Council adopted Resolbtion No.. 6053 , approving specifications and authorizing the City Clerk to invite bids for recoating Ellery Reservoir 5 million gallon tank. 7. AB #6130 - PURCHASE OF TRUCKSTER AND RIDING MOWER. Council adopted .Resolution No. 6054, accepting a bid and authorizing the execution of a contract for the purchase of a truckster (.such contract being awarded to Cushman Motor Sales) Council adopted Resolution No. 6055, accepting a bid and authorizing the execution of a contr.act for the purchase of a riding mower (such contract being awarded to C. R. Jaeschke) 8. AB 86131 - ALLOCATION OF CONTINGENCY RESERVE. Council adopted Resolution No. 6056,. authoriz- ing the transfer of funds to cover additional salary and benefit costs associated with the various City Memorandums of Understanding signed during 1979-1980. _.. .- " 9. AB {I6132 - REQUEST FOR TRANSFER OF FUNDS. Council adopted Resolution No-. 6057, authoriz- ing the transfer of funds within the Planning Department 1979-1980 FY Budget. IO. AB {I6133 - AGUA HEDIONDA LAGOON STUDY. Council directed staff to notice the matter . for public hearing on February 11, 1980. ~ 11. AB $16073 - Supplement #l - CT 79-151 CP-18 - APPLICANT: LAFORTE. Council adopted Resolution No. 6058, approving with conditions Tentative Subdivision Map (CT 79-1-5) for a 7-unit condominium project and approving Condominium Permit (CP-18) for said project on approximately .40 acres, located on the west side of Jerez Court, north of Gibraltar. I 0 0 CITY OF , CARLSBAD -4- T- January 15, 1980 I (99) 12. AB $16074 - Supplement $12 - CT 79-13/ CP-17 - APPLICANT: JOSEPH. Council adopted Resolution No. 6059, approving with conditions Tentative Subdivision Map CCT 79-13) for a 13-unit condominium project and approving Condominium Permit (CP-17) for said project, generally located on the south- west corner of Navarra Drive and Viejo Castilla Way, in South La Costa. (48) 13. AB $16125 - Supplement #l - GENERAL MUNICIPAL ELECTION. Council adopted Resolution No. 6060, amending Resolution No. 6043, to include the submission to the qualified electors of said City an advisory question relaking to .the distribution of State sales tax revenue. Council adopted Resolution No. 6061, amending Resolution No. 6044, directing the City Attorney to prepa.re an impartial analysis of measures. Council adopted Resolution No. 6062, amending Resolution No. 6054, authorizing certain of its members to file a written argument re- garding City measures. ITEMS REMOVED FROM THE CONSENT CALENDAR: (110) 14. AB $15541 - Supplement #3 - APPLICATION FOR FORMATION OF SUBSIDIARY DISTRICT-OF COSTA REAL MUNICIPAL WATER DISTRICT. Councilman Lewis indicated he had requested this item removed from the Consent Calendar in order to express the opinion that the importance ,of the matter merited hiring a consultant to facilitate .processing. Mayor Packard referenced the Council steering committee meeting with representatives of the Water District, who had expressed the desire that alternatives other than merging with the City be reviewed. Council discussion reflected desire to process the matter as expeditiously as possible. It was pointed out that other alternatives would not be precluded by the current action. .I Council adopted the following Resolution: RESOLUTION NO. 6063, ADOPTING A RESOLUTION OF APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION PURSUANT TO THE PROVISIONS OF THE DISTRICT REORGANIZATION ACT OF 1965 TO CREATE A SUBSIDIARY DISTRICT OF THE COSTA REAL MUNICIPAL WATER DISTRICT, with a change at Section 7 thereof to reflect "employees employed on a full-time basis on the date of this resolution." I COUMCILMEI 17 Mot Aye ,. 1 ion xx: S X .. CITY OF CARLSf3AD -5- January 15, 1980 - 0 Council directed staff to report back to Council in the near term regarding the desirability of retaining a consultant to ', assist the Council-appointed consolidation subcommittee. ORDINANCES FOR ADOPTION : (37) 15. AB ]I6123 - CITY COUNCIL COMPENSATION. Council adopted the following Ordinance: ORDINANCE NO. 1227, AMENDING TITLE 2, CHAPTER 2.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 2.04.030 TO INCREASE THE COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL. PRESENTATION: (q@) -16. AB ]I5951 - Supplement $1 - PRESENTATION OF REPORT OF THE CITIZEN COMMITTEE ON PUBLIC FACILITIES FEE. e (99) Roger Greer, Director of Utilities/Maintenance introduced Jerry Bank, Chairman of the committee. Council recognized Jerry Bank, 5419 Don Felipe Drive, Carlsbad, CA, who read the committee's recommendation memorandum of January 4, 1979, presenting the committee's report, attached thereto. Council questioned the report with regard to including parks and arterial streets and expressed the desire to discuss same further. Council accepted, with gratitude, the report of Citizens' Committee and directed staff to set the matter for a Study Session in the very near future for further Council discussion, with the understanding that members of the Committee will be invited to participate. PUBLIC HEARINGS : 17. AB $'6101 - CT 79-19/CP-22 - APPLICANT: BODJANAC. An introductory staff report was given by the Planning Director, as contained in the Statement of the Matter, and. report dated November 28, 1979. The Assistant Planning Director continued, referenced wall maps depicting location and design of' the proj ect. Mr. Plender explained that recent Council action negated the need for Plarining Commission Condition 6, and then responded to Council inquiries regarding the quality of the required amenities. COUNClhM1EO Mot ion X Ayes xxx .- . ... Motion X Ayes xxx d m 0 CITY OF CARLSBAD -6- January 15, 1980 Mayor Packard opened the public hearing at 6:56 P.M. and extended the invitation to speak. There was no response and the public hearing was closed. Council discussion reflected concerns that subject project was not appropriate for conversion. The Assistant City Attorney responded that Council could deny the application if Council did not feel that design standards have been met, even if developmental standards were satisfied. Council directed the City Attorney to prepare ,necessary documents approving CT 79-19/CP-22, as per Planning Commission Resolution No. 1572, with the deletion of Condition No. 6.. It was the consensus of Council that the following item be removed from order.and considered at this time: ('{@?) 29. DISCUSSION ON SECURITY REQUIREMENTS OF PUBLIC FACILITIES FEE. Mayor Packard articulated Council concerns that the security aspects of the required agreement imposed an undue hardship on .- applicants. The Assistant City Attorney explained the rationale in determining the required form of security for the agreement. Mr. Hentschke acknowledged there were alternatives. Council discussed alternatives and feasibility of implementing same, including requirement of security deposit, with full payment at the time the building permit is issued, a lien, or an agreement which would be recorded and act as a lien. It was the consensus of Council that staff review the matter and report back with a method to provide for the best interests of the City and attempt to ease the burden of the developer. Mayor Packard referenced a Request To Speak, properly filed by Roy J. Ward. Mr. Ward favorably acknowledged such review and report. (99) 18. AB ]I4022 - Supplement #3 - CT 75-9 (A) - APPLICANT: LA COSTA LAND COMPANY. Council continued this item to February. 5, 1980. a .. ccwNCILMEa .- . .." Motion xx: Ayes X .. CITY OF CARLS0AD -7- January 15, 1980 'T. . It was the consensus -of Council that the following two items be discussed concurrently: - (1 13) 19. AB #6133 - ZONE CHANGE (ZC-207) APPLICANT: LA COSTA LAND COMPANY. AND SAN MARCOS COUNTY FJATER DISTRICT. 01 AND I (113) 20. ' AB $16135 - PRECISE DEVELOPMENT PLAN PDP-3, APPLICANT: LA COSTA LAND COMPANY AND SAT? MARCOS COUNTY WATER DISTRICT. I (113) 20. ' AB $16135 - PRECISE DEVELOPMENT PLAN PDP-3, APPLICANT: LA COSTA LAND COMPANY AND SAT? MARCOS COUNTY WATER DISTRICT. An introductory staff report was given by the Planning Director, who referenced the December 31, .1979 Memorandum to the City Manager re an additional Condition No. 23 'concerning distribution and disposal of water. 0 The Assistant Planning Director continued, referencing wall maps depicting location and design of the project, and briefly highlighting its scope and features. .Mr. Plender indicated Tony Lauricha, Superintendent of Water Reclamation for San Marcos County Water District was present. Council recognized Mr. Lauricha, 788 San Marcos Boulevard, .Sari Marcos, CA, who explained .-. that La Costa Land Company had applied on behalf of SMCWD. Mayor Packard opened the public hearing at 7:57 P.M. Council recognized Fred Morey, Vice-president of Governmental Affairs, La Costa Land Company, Costa Del Mar Road, Carlsbad, CA, who indicated he acted as agent for the District. In response to inquiry, Mr. Morey expressed agreement to an equitable solution regarding City control and use of that portion of the reclaimed water derived from sewage generated in Carlsbad; and with the aid of transparencies described the location of proposed development .associated with reactivation, in relation to City boundaries and existing development. , ~ Council recognized Dennis O'Leary of Lowry & Associates, Engineers, 3505 Camino del Rio, South, San Diego, CA, who indicated his firm had processed the project design, and then described same. In response to Council inquiry Mr. O'Leary explained that although type 2 wate would be used initially, the intention was to convert QO type 1 as soon as possible. As a point of clarification to concerns re type of sewage, the Public Works Administrator referenced the RWQCB requirement of exclusive residential sewage. I .p 9 ? r COUNCILMEE -*.. "I i I .. .. CITY OF -8- CARLSIBAD .. January 15, 1980 c I) a RECESS :. I Mayor Packard announced a recess at 8:40 P.M. and Council reconvened at 8:55 P.M., with all members present. Council recognized Stan Gizienski, of Woodward- Clyde Engineering Consultants, 3067.Kurtz Street, San Diego, CA, who indicated h.is firm had been retained to design the dam, and then.explained the proposed construction and built-in safety features. Council recognized Ron Pecoff, Route 5, Box 215 R, Escondido, CA, who explained he had been retained in connection with developing appropriate horticulture uses for the reclaimed water': In resp0.ns.e to Council inquiry, Mr. Pecoff explained how such uses would fit within City guidelines for water conservation and policy of minimum water requirement for land- s cap ing. " In response to concerns expressed.by Council, Council again recognized Tony Lauricha. Mr. Lauricha stated San Marcos County Water District would give assurances that they would immediately "fire up" to the fullest capacity to handle sludne in the event of further odor problems at Encina if it becomes a regional solids ,handling facility. I Since no on else wished to speak, the public hearing was closed at 9:45 P.M. Council directed the City Attorney to prepare necessary documents approving ZC-207, as per Planning Commission Resolution No. 1576. Council directed the 'City Attorney to prepare necessary documents approving PDP-3, as per Planning Commission Resolution 1578, with such modifications to provide for concern expressed by Council insofar as permitting use of re- claimed water within the confines of the City oi Carlsbad, the eventual type 1 use of water, sucl provisions as may be necessary to provide a foundation for advising District of growth- inductng impacts that will be mitigated, and such conditions as may be appropriate for San' Plarcos to handle additional solids in the event of an upset at the Encina Regional Facility. DEPARTMENTAL AND CITY MANAGER REPORTS: - Engineering I I (.86) 21. AB $16136 - REQUEST TO ADDRESS COUNCIL - DR. AND MRS. WILLIAM PAGE. A brief introductory staff report was given by the City Engineer. COUNCILMEP I .-, Motion Ayes xxx Motion xxx Ayes X CITY OF CARLSBAD COUNCILMEE -9- January 15, 1980 " I) r Council recognized Dr. William Page, 3336 Bajo Court, Carlsbad, CA. With the aid of a slide presentation, Dr. Page gave a history of his request and appeal, indicated location of his ; home, and explained desired design modification to praposed retaining wall, which he felt would make the wall more acceptable. Council discussed' the visual appearance of .such a retaining wall versus impr.oved appearance of the landscaping. Council directed the matter be returned to staff for further report and recommendation; following additional staff review. Library \ (63) 22. AB 115571 - Supplement #5 - CALIFORNIA I LIBRARY SERVICES ACT MONEY (CLSA) . The staff report was given by the Library Services Director, who also responded to Council questions. Council adopted the following Resolution: I RESOLUTION NO. 6064, AUTHORIZING THE TRANSFER OF FUNDS FOR PURCHASE OF PERIODICALS ON MICROFORM; I (63) 23. AB 116137 - LIBRARY TASK FORCE. I The staff report was given by the Library Services Director. a Council recognized Herbert Falkenstein, President of the Library Board of Trustees, who explained the Trustees' view of the significance of the matter. In response to Council inquiry, Councilwoman Casler, as Council's Library Representative, expressed the opinion that Council Goals & Objectives were not sufficiently refined to proceed toward a central library. Council tabled this item until after further determination of Council Goals & Objectives. - UtilitieslMaintenance (llo) 24. AB {I6138 - WATER RATE ADJUSTMENT. The staff report was given by the Utilities/ Maintenance Director, who explained the computations and proposed adjustments, and responded to Council questions regarding same. > Motion X Ayes xxx - ..3 I Mot ion Ayes 22: c, CITY OF CARLSBAD -10- January 15, 1980 - 0 m IC. - ~ ~ _~_~~_~_ ~ Following dTscussion, a motion was made and seconded to. approve the staff recommendations contained on Page 3 of the January 8, 1980 Memorandum from the Director of Utilities/ Maintenance. A motion was made to amend the motion to reduce the 70 cents motel/hotel'charge and the $1.00 charge for each additional room. The motion died for lack of a second. .. Council directed that (1) the ready-to-serve charges be revised in accordance with the Consultant's recommendations; (2) a per unit charge of 47 cents be approved for all customer classes; and (3) the rates to be effective with April billings. Council adopted the following Resolution: \ RESOLUTION NO. 6065, REVISING WATER RATES, CHARGES, BILLING, AND RELATED REGULATIONS. Housing & Redevelopment (81 1 25. AB $16043 - Supplement $12 - HOUSING AND REDEVELOPMENT COMMISSION OFFICE SPACE. A staff report was given by the Public Works Administrator. A Request to Speak having been properly filed, Council recognized Raymond Ede, President of the Board of Directors of the Carlsbad Senior Citizens' Association, 2600 Ocean Street, Carlsbad, CA. Mr. Ede explained the problems . of accessibility and reduced area .associated with relocating to the Magee House, A Request to Speak having been properly filed, Council recognized Ede M. Westree, 818 Caminito del Reposo, Carlsbad, CAY who indicated she was on the Board of Directors of the Association. Mrs. Westree requested Council consideration of continuing the matter to allow the Board to discuss same at their meeting on the following day. Council continued this matter to January 21, 1980. Parks & Recreation (7'1) 26. AB a6139 - FACILITY USE REGULATIONS AND FEES. A staff report was given by the Parks & Recrea- tion Director, who distributed a list of requesl submitted for use of Harding Street Center. A Request to Speak having been properly filed, Council recognized Christine Geisler, ,2537 Davir St., Carlsbad, President of Carlsbad Garden Clul who requested consideration of reduced charges for non-profit groups such as the Garden Club. T - * 3 3 muNCILME Motion xxx Ayes X ,a - Mot ion x Ayes xxx ? i I ~ I 'I I- CITY OF . CARLS63AD -11- January 15, 1980 - 0 I Council discussion reflected acknowledgment of concerns regarding charges equitable with the various requested us-es. A motion was made and seconded to approve proposed regulations and fees, as recommended by staff. Following further discussion, the motion maker with the consent of the second withdrew the motion. Council directed the matter be returned to staff for further report addressing the possibilities of accomodating financial constraints of certain groups. Planning \ ( 11 3) 27. AB $16140 - LA COSTA AND CARRILLO MASTER PLAN - AMENDMENTS. A staff report was given by the Planning Director who, in response to Council comment, acknowledged staff would monitor the con- sultant. Council authorized the Planning Department to secure an agreement with La Costa for the provision and compensation of services to provide for the costs of review and analysis of the revised La Costa Master Plan; and authorized the Planning Department to negotiate an agreement with a consultant to review and analyze the revised La Costa Master Plan, and return agreements to City Council for ratification. City Attorney I (92) 28. AB $16081 - LAKE CALAVERA HILLS REQUEST FOR DEVELOPMENTAL ASSURANCES. m Inacoordancewith the request of the applicant, it was the consensus of Council that this item be removed from the Agenda and rescheduled following further review. CITY COUNCIL ADDITIONAL BUSINESS: - Personnel The City Manager re5.erenced Council action to formalize employment agreement with Frank Aleshire, as the new City Manager. Pursuant to Council Procedural Ordinance, Council unanimously agreed to place.this item on the Agenda. Council adopted the following Resolution: RESOLUTION NO. 6066, APPOINTING FRANKLIN D. ALESHIRE TO THE POSITION OF CITY NIAGER. CWMCILMEE Mot ion Ayes xxx Motion x Aye % xxx I Mot ion Ayes x.x I .'. .- CITY OF CARLSBAD COUNCILMEOl -12- January 15, 1980 1 " .I Legislation The City Manager referenced consideration by the Legislature on January 21, 1980 regarding -SB 888 (Roberti) . . . 'I Pursuant to Council Procedural Ordinance, Council unanimously agreed to place this item on the Agenda. ~ I Council adopted the following Resolution and directed a copy be forwarded to the proper legislators: RESOLUTION NO. 6067, EXPRESSING OPPOSITION TO EFFORTS BY THE STATE LEGISLATURE TO IMPOSE MANDATORY AND BINDING ARBITRATION ON CITIES FOR SETTLEMENT OF CERTAIN LABOR DISPUTES. I League of California Cities Mayor Packard referenced the recent meeting whereat a Resolution supporting the peripheral canal was adopted and indicated the League had requested that individual cities also take action. I Request of Tri-City Hospital e Mayor Packard referenced the letter of Tri- City Hospita1,requesting City support of a psychiatric ward at their facility. It was the consensus of Council that each member would respond individually. ADJOURNMENT : By proper motion, Council adjourned at 12:25 A.M. to Monday, January 21, 1980 at 7:OO P.M. in Council Chambers. Respectfully submitted, ALETHA &.B< L. MUTE (* RANZ CITY CLERK I Anita D. Murphy, Recording Secretary Motion xxx Ayes X .. ._. -. ..