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.
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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.
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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.
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March 14, 1989 Page 4 MEMBERS Z. 8 Z. 8
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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.
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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
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