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Home My WebLink About1975-11-10; City Council; MinutesCITY OF CARLSBAD COUNCILME1 Meeting of: CITY COUNCIL (Adjourned Regular Meeting) Date of Meeting: November 10, 1975 Time of Meeting: 5:OO P.M. Place of Meeting: Council Chambers 9 2Q dd / - ROLL CALL: :[:113]AGENDA BILL #3507 - SAN DIEGO GAS AND ELECTRIC clw LEASE AGREEMENT. Presen Absent Mayor Frazee announced the meeting was called to discuss the Specific Plan for San Diego Gas and Electric. He announced he would abstain from discussion and voting on this matter. Following his relinquishment of the Chair to Vice-Mayor Chase, Mayor Frazee seated himself in the audience The City Manager reported on this matter and pointed out that there were certain policies on which a decision should be made. He stated the City Attorney would review the terms of the agreement and point out those matters of concern for Council discussion. The City Attorney reviewed in detail terms of the agreement and indicated the areas where policy decisions should be made by the Council. Further comment was made by the City Manager with regard to areas of concern by San Diego Gas and Electric Company. Wall maps of the location were exhibited. MR. ART BISHOP, Land Engineering Supervisor and MR., FRANK DEVORE, Manager of the Land Management Department, representing San Diego Gas and Electric Company, expressed their concerns to the Council. The City Manager and City Attorney responded to questions asked by the members of the Council. MR. MARK NELSON, 3831 Margaret Way, Carlsbad, identified himself as being a member of Carlsbad Community Cause but indicated he was speaking as an individual. He spoke in opposition to the issuance of the grading permit. Mr. Art Bishop stated SDG & E would like to offer a clause wihi'ch wou'ld add Condition #20. He stated that SDG & E would be willing to offer a clause which refers back to the Specific Plan. The clause is: "In the event there are any changes in the right to submit a Specific Plan for approva for a utility facility at a later date, on the sit designated for future power plant, then the lessor has the right to reduce the term of this lease to 30 years and to reduce the lease area from 91 acres to the easterly 45.5 acres". 1 e RECESS: Vice-Mayor Chase called for a recess at 6:30 P.M. and the Council reconvened at 6:42 P.M. with all Council members present. Mr. DeVore stated with regard to the matter of Rent Payment, he would propose that the City accept the lease with a 5 year deferral payment of any rent with the understanding that both parties would do everything possible to get the la,nd abated and the City would agree that'if the land could not be abated, they would agree to pay the sum of $14,000 a year after the 5 year deferr- al period and that the sum would never exceed the $14,000 a year. The $14,000 represents one-half l\v b n\@ 'p t xx I CITY OF CARLSBAD COUNCILME1 I - B - -2- November 10, 1975 I the estimated yearly taxes on that property. A motion was made that the City Manager be author- ized to issue a grading permit for the storage tank that is needed at this time immediately and that the Council obligate themselves to resolve the policy issues involved in this lease at the next Council meeting. The motion was given a second and after further discussion, with the permission of the second, the motion was withdrawn A motion was made that the recommended clause to add Condition #20 suggested by the representative from SDG & E which involved a guarantee of zoning, not be included in the lease agreement. Further, a motion was made that the City accept the offer wherein SDG&E will continue paying the property taxes for five (5) years after the effective date of the lease and that SDG &E cooper ate in attempting to have the State Board of Equal ization abate the taxes during the lease period and, failing that subsequent to the initial five year period, the City will agree to pay the sum of $14,000 per year and no more for the remaining term of the lease. A motion was made that the wording in Section 5, Page 3 be changed to read: "that Lessor may construct additional transmission and/or other utility lines upon the leased property". It was moved that the City Council accept the lease agreement between the City of Carlsbad and San Diego Gas and Electric Company, as amended to include the change made in Page 3, Section 5, as stated in the above motion and Secti0.n 6, in connection with the Rent. The City Manager pointed out that the lease agree- ment would become null and void if it is not ratified by the proper authorities of SDG&E and further negotiations would be necessary to resolve the matter. The City Manager stated with regard to the Carlsba Boulevard Improvement that SDG&E intends to request the Council to consider an unsecured agree ment for the improvements on Carlsbad Boulevard. The Company has agreed for a portion of the improv ments to supply a bond but it is their intent at a later time to make the request for an unsecured agreement. By concensus of the Council, it was agreed that a secured agreement would not be necessary in this instance. The City Manager pointed out that it is his feelir that there is a potential for disagreement con- cernj.n..details of the improvements along Carlsbac Boulevard. The conditions of the lease indicate that there shall be a lease and further states no permit shall be issued until all of the condi- tions are met. The condition of the improvements reads a little different indicating construction may be deferred until mutually agreeable to the City and SDG&E. He stated in view of the COnCenSuS Of the Council on this matter, he I - - d - e- 1g 1 2 92 I Motion Ayes Noes Motion Ayes Noes Motion Ayes Noes Motion Ayes Noes ~ i ~ I fi &G 'A x X X X I c CITY OF CARLSBAD COUNCllMEi -3- November 10, 1975 - would assume that the condition is met by the deferral and would not hold up issuing permits. D Lengthy discussion ensued and the Council stated it should be clear that deferral of the improve- ments without a secured agreement is not a pre- cedent but has been done only because the City can not provide SDG&E with cDmplete requirements for the improvement of Carlsbad Boulevard at this time. Following the advice of the City Attorney, it was the concensus of the Council that the staff be directed to develop an Improvement Agreement for SDG&E to fully execute which would list the nature of all improvements. A motion was made that the Council accept the temporary easement for the purpose of access to the regional park and the easement for the pur- pose of construction for Cannon Road. The following Resolution was adopted by title only and with the unanimous consent of the Coun- cil, further reading was waived: RESOLUTION NO. 3780, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LEASE BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS & ELECTRIC 'COMPANY FOR A PARK ON THE SOUTH SHORE OF AGUA HEDIONDA LAGOON AND AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE. The City Attorney stated the staff will incorpor ate in the text of the lease, those changes in accordance with the Council's previous motion in that regard. I ADJOURNMENT: I By proper motion, the meeting was adjourned at at 7:55 P.M. I Respectfully submitted, yydy@- MA GA ET E. ADAMS, .Ci ty C1 erk Nora K. Gardiner, Recording Secretary B B yydy@- MA GA ET E. ADAMS, .Ci ty C1 erk Nora K. Gardiner, Recordinq - Secretary Motion Ayes X X Motion Ayes Noes X - Motion Ayes X