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HomeMy WebLinkAbout1989-03-14; City Council; Minutes0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: March 14, 1989 Time of Meeting: 6:OO p.m. S% Place of Meeting: City Council Chambers COUNCIL \\ %?$%$ MEMBERS .Z. @ .Z. c CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk as fol I ows: Present: Counci 1 Members Lewis, Pettine and Larson. Absent: Counci 1 Members Ku Ich in and Mamaux. PRESENTATION: Mayor Lewis read a Proclamation proclaiming the month of April, 1989, as EARTHQUAKE PREPAREDNESS MONTH in the City of Carlsbad. Fire Department Representatives James West and Ed Sprague accepted the Proclamation. APPROVAL OF MINUTES: (one motion) Minutes of the Regular Meeting held February 7, 1989, Lew i s X were approved as presented. Pett i ne xx Larson X Minutes of the Regular Meeting held February 14, 1989, were approved as presented. CONSENT CALENDAR: Mayor Lewis requested Item #10 be continued to March 21, 1989, for a full Council and more staff input. Council affirmed the action of the Consent Calendar, Lewis X with the exception of Item #lo, as follows: Pett i ne X Larson xx WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (92) 1. AB #9906 - TRANSFER OF OPERATIONS AGREEMENT FOR (45) ENCINA WATER POLLUTION CONTROL FACILITY. Couincil adopted RESOLUTION NO. 89-74, approving an Encina Water Pollution Control Facility Transfer of Operations Agreement. (70) 2. AB #9907 - APPROVAL OF CHANGE ORDER NO. 10 FOR THE CARLSBAD SENIOR CENTER AND CUSD EDUCATION CENTER - PROJECT NO. 3247. Council adopted RESOLUTON NO. 89-75, approving Change Order No. 10 in the amount of $8,119.91 for the construction of the Carlsbad Senior Center and Carlsbad Unified School District Education Center, Project No. 3247. (99) 3. AB #9908 - ACCEPTANCE OF PUBLIC IMPROVEMENT - SANTA FE KNOLLS UNIT 1 (ONSITE AND OFFSITE) - CT 75-98. Council accepted improvements, authorized the City Clerk to record the Notice of Completion, release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public streets associated with the subdivision. 68 h P - (99) (28) (51) (78) (81) (99) (99) (28) (39) 0 0 MINUTES March 14, 1989 Page 2 I\/\ COUNCIL %9$%$ MEMBERS 2. 8 2. 8 CONSENT CALENDAR: (Continued) 4. AB #9909 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - THE TRAILS OF CALAVERA HILLS - CT 83-21, UNIT 4. Council accepted improvements, authorized the City Clerk to record the Notice of Completion, release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public streets associated with the subdivision. 5. AB #9910 - OUT-OF-STATE TRAVEL REQUEST. Council authorized the Senior Management Analyst in the Housing and Redevelopment Department to attend the American Society for Public Administration Conference in Miami, Florida, on April 6 - 13, 1989. 6. AB #9911 - AUTHORIZATION FOR OUT-OF-STATE TRAVEL. Council authorized Police Capiain George Suttle and Fire Battalion Chief Stewart Gary to travel to Scottsdale, Arizona, to attend a three-day, annual seminar April 17 - 21, 1989, concerning the Public Safety Computer Aided-Dispatch (CAD) System. 7. AB #9912 - ACCEPTANCE OF GRANT DEED - LOT 21 OF CARLSBAD OAKS (CT 74-21 1 Council adopted RESOLUTfON NO. 89-76, accepting a Grant Deed from St. Andrews Investments for water main easement purposes off Loker Avenue, and approving a Subordination Agreement. 8. AB #9913 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - SANTA FE KNOLLS UNIT 3 - CT 85-05. Council accepted public improvements for Sitio Baya, Calle Gauanzo and Via Calendo, constructed as part of the requirements for CT 85-05, authorized the City Clerk to record the Notice of Completion, release bonds and directed the Utilities and Maintenance Department to commence maintaining the public streets, water, sewer and storm drain improvement associated with the subdivision. 9. AB #9914 - AUTHORIZATION TO PREPARE ARCHEOLOGICAL GUIDELINES. Council adopted RESOLUTION NO. 89-80, authorizing the use of CertTfied Local Government Grant funds in the amount of $7,000 to hire a consultant to prepare archeological guidelines. ITEM REMOVED FROM THE CONSENT CALENDAR: 10. AB #9915 - ADOPTION OF REVISED INVESTMENT POLICY. This item was continued to March 21, 1989, for action by a full Council and further staff input. PUBLIC COMMENT: There were no requests to address Council. 67 e 0 MINUTES (48) (78) (86) March 14, 1989 Page 3 /\k COUNCIL 3 %* 9 MEMBERS % %% ORDINANCES FOR ADOPTION: 11. AB #9881 - SPECIAL MUNICIPAL ELECTION - JUNE 6, 1 989. - Council adopted the following Ordinance: X Larson ORDINANCE NO. NS-52, AMENDING TITLE 3, CHAPTER 3.12 OF xx Pett i ne X Lewis THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 3.12.030 TO INCREASE THE TRANSIENT OCCUPANCY TAX RATE FROM 8% to 10%. 12. AB #9900 - AMENDMENT OF CARLSBAD MUNICIPAL CODE REGARDING ASSESSMENT OF FALSE ALARM PENALTY FEES. Council adopted the following Ordinance: Pett i ne X Lew is X ORDINANCE NO. NS-53, AMENDING TITLE 8, CHAPTER 8.50 OF THE CARLSBAD MUNICIPAL CODE TO SET FEES FOR FALSE xx Larson ALARMS. DEPARTMENTAL AND CITY MANAGER REPORTS: 13. AB #9901 - CITIZEN REQUEST - AMENDMENT OF CITY CODE REGARDING RESIDENTIAL CARE FACILITIES. Laura A. Mustari, 3723 Bennington Court, Director of YMCA OZ North Coast, addressed Council detailing the contents of her letter requesting Council amend the Code to allow eight beds in non-profit residential care facilities. Ms. Mustari presented a petition signed by twenty of her neighbors approving of her request. Susan El izabeth, 2501 Havarra Drive, #l 14, a Counselor at YMCZ OZ North Coast, addressed Council stating they do not refuse anyone because of finances, but do have to refuse on a bed availability. She reiterated the request for a Code amendment. In answer to Council query, City Attorney Vincent Biondo stated if Council decided to allow more than six residents in this type of facility in the R-1 zone, they would have to direct staff to send an amendment to the Code through the Planning Commission for a hearing, and it would apply City-wide. Marty Orenyak, in answer to Council query, stated that in any zone other than R-1, a request could be processed through a C.U.P., but the R-1 zone requires a Zone Code Amendment which would affect all R-1 zones in the City. Council discussed the benefits provided by this faci I ity. 66 A 9 0 0 MINUTES (92) (45) (67) (67) (28) COUNCIL I\/\ %PA /o +*& March 14, 1989 Page 4 MEMBERS Z. 8 Z. 8 r DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis stated he could not support the expanded use since it would impact all R-1 zones in the City. Council referred this item to staff for a report on Lewis possible methods of implementation which would include Pett i ne Larson adequate controls on the facility to insure xx compatibillty with neighborhoods. X 14. AB #9916 - ENCINA PHASE IV FINANCING - FORMATION OF JOINT POWERS AUTHORITY. Jim Elliott, Finance Director, gave the staff report as contained in the Agenda Bill. Council appointed Council Member Larson as the Director Lewis xx and Council Member Mamaux as the Alternate on the Encina Financing Joint Powers Authority. X Pett i ne X Larson Council adopted the following Resolution and introduced Lewis X the following Ordinance: (one motion) Petti ne xx Larson X RESOLUTION NO. 89-78, APPROVING A SEPARATE AGREEMENT PURSUANT TO THE 39TH SUPPLEMENT TO THE BASIC AGREEMENT CREATING THE ENCINA WATER POLLUTION CONTROL FACILITY AND APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE ENCINA FINANCING JOINT POWERS AUTHORITY. ORDINANCE NO. NS-54, AUTHORIZING THE ENCINA FINANCING JOINT POWERS AUTHORITY TO ISSUE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $50,000,000. 15. AB #9917 - ADOPTlON OF CHANGE ORDER PROCEDURES. Council introduced the following Ordinance: xx Pett i ne X Lew is ORDINANCE NO. NS-55, AMENDING TITLE 3, CHAPTER 3.28 OF 3.28.172 TO ADOPT PROCEDURES FOR CHANGE ORDERS. THE CARLBAD MUNICIPAL CODE BY THE ADDITION OF SECTION X Larson 16. AB #9918 - REGULATIONS FOR SPECIAL EVENTS. Police Chief Vales gave the staff report as contained in the Agenda Bill. Council introduced the following Ordinance: Lewis X Pett i ne X Larson ORDINANCE NO. NS-56, AMENDING TITLE 8 OF THE CARLSBAD xx MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 8.17 PERTAINING TO THE SPECIAL EVENTS AND BY REPEALING CHAPTER 10.57 AND SECTION 21.42.101(2) AND BY THE AMENDMENT OF SECTION 11.32.030(5). 17. AB #9919 - APPOINTMENT OF COMMITTEE TO STUDY THE MATTER OF A VETERAN'S MEMORIAL FOR THE CITY OF CARLSBAD. Mayor Lewis referenced his memorandum on this item and stated he would like to add two citizens to the Committee in addition to the Commissioners to serve on this Committee. 65 (41) (41) (41) (41) e e MINUTES March 14, 1989 /\I\ Page 5 COUNCIL % ?&%+ MEMBERS 2. CF 2. tF DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Council supproted the creation of the Veterans Memorial Lewis next meeting for appointments. X Larson citizens, and directed that the item be returned at the X Pett i ne Committee, as recommended, with the addition of two xx COUNCIL REPORTS: Council Members reported on recent meetings and activities of the Committees and Sub-Committees of wh lch they are Members. CLOSED SESSION: 18. CLOSED SESSION PENDING LITIGATION. City of Carlsbad v. Joseph Sherman, et al, Case Number N42599. 19. CLOSED SESSION PENDING LITIGATION. H & A Construction v. City of Carlsbad, Case Number N36096. This item was continued one week. 20. CLOSED SESSION PENDING LITIGATION. Sahagun et al v. City of Carlsbad et al. This item was continued one week. 21. CLOSED SESSION PENDING LITIGATION. Magidow v. City of Carlsbad, Case Number N31674. Council adjourned to a Closed Session at 7:06 p.m., to Lew is xx discuss City of Carlsbad v. Joseph Sherman, et at, Case Pettine X Number N42599, and Magidow v. City of Carlsbad, Case Larson X Number N31674. Council re-convened at 7:20 p.m., with three Council Members present, and Mayor Lewis announced the litigation was discussed and the City Attorney was instructed accordingly. ADJOURNMENT: By proper motion, the Meeting of March 14, 1989, was adjourned at 721 p.m. , to Saturday, March 18, 1989, 11:OO a.m., at the Rancho Carlsbad Clubhouse for a staff presentation on proposed development in the area. Respectfully submitted, ae;rdaPRF ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Mi nutes C I erk (; y