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HomeMy WebLinkAbout1982-02-02; City Council; MinutesMINUTES QI [99 1 MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 2, 1982 TIME OF MEETING: 6:OO P.M. PLACE OF MEETING: Council Chambers CALL TO ORDER ~~~ ~ ~~~ The meeting was called to order by Mayor Packard at 6:02 P.M. ROLL CALL was taken by the City Clerk: Present - Packard, Casler, Lewis, Anear, and Kulchin. INVOCATION was given by Pastor Everett Nelson, Carlsbad Gospel Tabernacle. PLEDGE OF ALLEGIANCE was led by Council Member Anear. APPROVAL OF MINUTES: (Approved by one motion.) Minutes of the Regular Meeting, held January 19, 1982, were approved as submitted. Minutes of the Adjourned Regular Meeting, held January 26, 1982, were approved as submitted. PRESENTATION Mayor Packard presented a certificate of recognition to Mr. Irv Roston and Mr. Paul Graham, on behalf of the La Costa Land Company, for their help and support in the completion of Levante Park. CONSENT CALENDAR: Council Member Lewis indicated he would cast a negative vote on Item No. 8. Council Member Casler referenced Item No. 4 and commended the Engineering Department on their recommendation for the storm drain, prior to the proposed development. Council affirmed the action of the Consent Calendar as follows: WAIVER OF DOCUMENT TEXT READING Council waived the reading of the text of all ordinances and resolutions at this meeting. 1. AB 86882 - RATIFICATION OF DEMANDS. Council ratified payment of demands against the City in the amount of $215,501.15 for the period January 18, 1982 thru January 28, 1982; Payroll demands in the amount of $250,978.33 for the period January 4, 1982 thru January 18, 1982; and Housing demands in the amount of $51,675.29 for the period January 18, 1982 thru January 28, 1982. 2. AB W2144 - Supplement #7 - ACCEPTANCE OF PUBLIC IMPROVEMENTS-RANCHO PONDEROSA-CT 73-18 - Units 2 & 4 Council accepted the public improvements for Units 2 & 4, authorized Staff to release bonds, directed UtilitiesjMaintenance commence maintenance of public improvements, and authorized the Finance Director to process the closeout refund. COUNCIL \\$ SPd) % %% % MEMBERS % B% ' i Packard Anear X Lewis xx Cas ler X X Kulchin X Packard xx Ane ar X Lewis X Cas ler X X Kulchin [ 811 [all [2 81 [841 [251 09 1 MINUTES February 2, 1982 Page 2 3. AB #6883 - OFFERS OF DEDICATION FOR EASEMENTS FOR CENTRAL BUSINESS DISTRICT STORM DRAIN. Council adopted the following Resolutions: RESOLUTION NO. 6771, ACCEPTING A GRANT DEED FROM ROBCO FOR A TEMPORARY WORKING EASEMENT FOR STORM DRAIN PURPOSES. RESOLUTION NO. 6772, ACCEPTING GRANT DEEDS FROM ROBCO FOR STORM DRAIN EASMENT PURPOSES. 4. AB 86884 - OFFER OF DEDICATION OF EASEMENT FOR STORM DRAIN FOR BRISTOL COVE. Council adopted the following Resolution: RESOLUTION NO. 6773, ACCEPTING A GRANT DEED PROM PANNONIA IJWESTMENT CORPORATION FOR STORM DRAIN PURPOSES. 5. AB #6885 - APPOINTMENT OF REPRESENTATIVES TO SAM DIEGO REGION WATER RECLAMATION AGENCY MANAGEMENT COMMITTEE. Council appointed Roger Greer, the Utilities Director as the primary representative, and Les Evans, the City Engineer as the alternate representative to the Management Committee of the San Diego Region Water Reclamation Agency. 6. AB 86886 - PURCHASE OF TURF SWEEPER. Council adopted the following Resolution: RESOLUTION NO. 6774, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF A TURF SWEEPER; to B. Hayman Company in the amount of $5,794.14. 7. AB 86887 - ANNEXATION OF KELLY PROPERTY. Council adopted the following Resolution: RESOLUTION NO. 6775, APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED AND DESIGNATED AS THE KELLY ANNEXATION. 8. AB a6870 - Supplement #l - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81-41/CP-187 - SHELDON ENTERPRISES. Council adopted the following Resolution: RESOLUTION NO. 6776, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-41) FOR A 172-UNIT CONDOMINIUM CONVERSION PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-187) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL AND HOSP WAY. APPLICANT: SHELDON ENTERPRISES. - COUNCIL \\$ 9% %?&? MEMBERS Z. 6 Z. Lewis r- MINUTES February 2, 1982 Page 3 I 1991 9. AB #I6871 - Supplement #l - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 81 -39/CP-185 - CONDO "5". I Council adopted the following Resolution: t RESOLUTION NO. 6777, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-39) FOR A 78-UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT (CP-185) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR, EAST OF EL CAMINO REAL IN THE R-P ZONE. [681 10. AB 86839 - Supplement 411 - AGREEMENT WITH SENIOR L451 CITIZENS ASSOCIATION TO OPERATE VAN TRANSPORTATION PROGRAM. Council adopted the following Resolution: RESOLUTION NO. 6778, APPROVING AN AGREEMENT WITH THE CARLSBAD SENIOR CITIZENS ASSOCIATION FOR THE OPERATION OF A VAN TRANSPORTATION PROGRAM. [43] 11. AB !I6720 - Supplement 82 - LAGUNA DRIVE AND STRATFORD LANE PARKING LOT, CASE NO. CUP-198. Council adopted the following Resolution: RESOLUTION NO. 6779, RESCINDING RESOLUTION NO. 6658 AND THAT PART OF CONDITIONAL USE PERMIT 198 PROVIDING FOR CONSTRUCTION OF A PARKING LOT ON PROPERTY GENERALLY LOCATED ON LAGUNA DRIVE AND STRATFORD LANE TO THE NORTH OF THE CARLSBAD CIVIC CENTER. ~501 12. AB 86896 - FUNDING FOR EQUIPMENT MAINTENANCE SHOP/BUILDING MAINTENANCE DIVISION. I Council adopted the following Resolution: RESOLUTION NO. 6785, APPROVING THE TRANSFER OF FUNDS FROM THE CONTINGENCY ACCOUNT TO THE EQUIPMENT MAINTENANCE AND BUILDING MAINTENANCE DIVISIONS OF THE MAINTENANCE DEPARTMENT. ORDINANCES FOR INTRODUCTION: 11131 13. AB !I6869 - Supplement #l - PREANNEXATIONAL ZONE CHANGE - ZC-241 - HIEATT. 1) Council introduced the following Ordinance: ORDINANCE NO. 9612, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A PREANNEXATION CHANGE OF ZONE FROM COUNTY OF SAN DIEGO A-70-8 TO CITY OF CARLSBAD P-M-0 ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT. APPLICANT: HIEATT I ORDINANCES FOR ADOPTION: [113] 14. AB 86017 - Supplement #l - RANCHO CARRILLO MASTER PLAN AMENDMENT (1 39-A). Mayor Packard indicated that Staff wished to continue the matter to allow time to work out certain conditions. c 5 COUNCIL \\$ %?$, %A 'p, % ~ MEMBERS Z. 8 Z. Packard xx Kulchin X Anear X Lewis X Casler X - [! MINUTES February 2, 1982 Page 4 Mr. Jim Goff, representing the Daon Corporation, 1241 Elm Avenue, Carlsbad, addressed Council. Mr. Goff indicated that he is not concerned with the way the Ordinance is drafted, and requested clarification of the request for cont inuance. Council Member Casler stated that it was her understanding that there was to be an agreement for the alignment of ' Melrose Avenue, which is still under consideration. For clarification purposes, the City Attorney stated there was some concern about some conditions, and communication was needed on same. Mr. Goff expressed concurrence with the continuance. Council continued the matter to the next regular meeting. PUBLIC HEARINGS: 391 15. AB 86888 - MP-l50(B)/CT 81-47/PUD-35 - TREETOPS UNLIMITED. With the aid of a transparency showing the location of the project, the Planning Director gave the staff report, essentially as contained in the Agenda Bill. The Planning Director explained that the issue of improvement of the streets around the park was a subject of discussion at the Planning Commission, and the Commission recommended that the applicant be required to improve Glasgow Avenue, and the developer felt the street should be improved with public facility fees. Mayor Packard opened the public hearing at 6:19 P.M., and extended the invitation to speak. Council recognized Mr. John Shoemaker, 3900 Harney Street, San Diego. Mr. Shoemaker referenced Finding 3(e) on page 2 of Resolution No. 1911 regarding water service, and requested that same be modified to state that the water service will be provided by the agency serving the area at the time that retail water service is requested. 1 Mr. Shoemaker continued, referencing Condition No. 27 of Resolution No. 1911 with regard to the park dedication, and explained that the property is being dedicated by Mr. Roy Ward as a condition of the Master Plan. However, there is a pumping station owned by the water district which is on the site and will eventually be removed. He expressed concern regarding the wording of the condition to dedicate the park site "free an clear," and indicated same would not be feasible at this time, due to the existence of the pumping station. Mr. Shoemaker suggested that Condition No. 27 be modified to provide that the park site be dedicated along with Village E-2 to allow time to resolve any problems. .The Planning Director referenced Condition No. 28 which contains provisions for removal and relocation of the water tank and pumping facilities. I COUNCIL \\$ S% % ?k3 % MEMBERS % %% f Packard X Anear X Lewis X Cas ler X xx Kulchin MINUTES February 2, 1982 Page 5 I Les Evans, the City Engineer, indicated that the Costa Real Municipal Water District has been contacted, and has indicated that the pumping facilities will be abandoned, and are not part of the plan for that area. Council recognized Mr. Roy Ward, Lake Calavera Hills, 1207 Elm Avenue, Carlsbad. Mr. Ward gave some background on the matter, and stated that the street improvements bordering the park now required by Staff are not a condition of the Master Plan. He expressed his belief tha such improvements would be made using public facility fee monies. Mr. Ward stated he made known his comments on condition 3(e) at the Planning Commission meeting. Council Member Lewis requested Council consideration regarding lining the streets for safety purposes. The City Engineer explained that there is Council policy on the issue which relates to the volume of traffic on a street. He added that streets that would be striped and/or have reflectors are collector streets and not local streets. Mayor Packard indicated that same is a policy issue which Council may wish to review and discuss at a later-time. Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 6:32 P.M. Council discussion related to the public facilities fee, and development of streets around other parks in the City. It was the concensus of Council that the condition requiring development of the street around the park be left as is, but that Council should discuss the policy and if Council changes their policy, then the document could be changed to reflect the new policy. Council directed the City Attorney to prepare documents approving MP-l50(B)/CT 81-47/PUD-35, per Planning Commission Resolution Nos. 1911 and 1912. DEPARTMENTAL AND CITY MANAGER REPORTS City Manager 16. AB 86889 - OCEANSIDE ANNEXATION OF CAMP PENDLETON. The City Manager gave a brief report on the matter. Council Member Anear suggested that Council defer the matter and request additional information before taking any act ion. COUNCIL \\y +% % 9+%F MEMBERS Z. 6 Z. Packard xx Cas ler X x Kulchin X Anear X Lewis - MINUTES 8r February 2, 1982 Page 6 Mr. A. J. Skotnicki, 3535 Bedford Circle, Carlsbad, representing the Association of Carlsbad Taxpayers, addressed Council. He indicated that the Association contends that Staff has not provided adequate information for Council to take any action at this time. He added that questions must be addressed with regard to tax , revenues and split of property taxes. Council discussion related to the affects the annexation would have on the City with regard to tax revenues. Following discussion, Council returned the item to Staff for further report and clarification with regard to property taxes and tax revenues. City Attorney 61 17. AB 86876 - Supplement #l - ASSOCIATION OF CARLSBAD TAXPAYERS PROPOSED SPENDING LIMITATION INITIATIVE. The City Attorney gave a brief report on the matter. Mr. A. J. Skotnicki, 3535 Bedford Circle, Carlsbad, addressed Council. He requested Council consideration to approve the initiative as it stands and place it in the Municipal Code, or place same on the June ballot. Mr. John Gray, 5451 Los Robles, Carlsbad, Vice-president of the Association of Carlsbad Taxpayers, addressed Council. He expressed appreciation to Staff for their assistance in the matter, and indicated the measure would not affect past acquisitions. Mr. Jeff Crisman, 3485 Valley Street, Carlsbad, addressed Council. Mr. Crisman indicated he is in opposition to such an initiative, and stated his opinion that same would do nothing to help future Councils. In conclusion, Mr. Crisman requested denial of the initiative. Council discussion reflected concern about restrictions and limitations the Ordinance would place on Councils, as well as costs to the City for special elections as a result of this measure. Following discussion, Council filed the matter. 1 ITEMS OUT OF ORDER Mayor Packard suggested that Items No. 18 and 19 be trailed to the end of the meeting, as they are personnel matters and may require a Closed Session. Council concurred. c COUNCIL \\y 5 % ?$%? MEMBERS Z. tp Z. Packard X Cas ler X xx Kulchin X Anear X Lewis ~ Packard xx Cas ler X X Kulchin X Anear X Lewis - MINUTES r [321 \\p 9 %* February 2, 1982 Page 7 COUNCIL % % A % MEMBERS 02. s% f 20. AB !I6892 - AMENDING THE CLASSIFICATION AND SALARY PLAN. The City Manager gave a brief staff report on the matter. Council introduced the following Ordinance: Packard X Kulchin SECTION 2.48.030 (71, TO ADD THE POSITION TITLE OF X Anear OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF X Lewis ORDINANCE NO. 1246, AMENDING TITLE 2, CHAPTER 2.48 xx Casler X COMMUNITY REDEVELOPMENT MANAGER AND TO DELETE THE POSITION TITLE OF HOUSING AND REDEVELOPMENT DIRECTOR. Council adopted the following Resolution: X Kulchin CLASSIFICATION OF COMMUNITY REDEVELOPMENT MANAGER, X Anear MANAGEMENT SALARY PLANS OF THE CITY TO INCLUDE THE X Lewis RESOLUTION NO. 6781, AMENDING THE CLASSIFICATION AND xx Cas ler X Packard AND DELETE THE CLASSIFICATION OF HOUSING AND REDEVELOPMENT DIRECTOR. City Clerk 21. AB 86895 - RATE INCREASE FOR SAN DIEGO GAS AND ELECTRIC. The City Manager gave a brief introduction on the matt,er. Mr. Paul Oberhaus, 4940 Carlsbad Boulevard, Carlsbad, representing San Diego Gas and Electric, Director of the North Coast area, addressed Council. Mr. Oberhaus expressed concern with regard to the proposed Resolution, and stated his opinion that same does nothing in a positive manner to rectify the situation. He indicated that the company does not object to a management audit, and same would be conducted by an independent auditor. With the aid of transparencies, Mr. Oberhaus briefly explained average rates for the year end for electric, average costs per barrel of oil, revenue dollar, operating and maintenance costs per electric customer, and earnings per share. In conclusion, Mr. Oberhaus suggested Council consideration of a more positive approach to the situation, and indicated he opposes the proposed City of Poway Resolution. He indicated San Diego Gas and Electric looks forward to the management audit, and expressed willingness to respond to any questions. Council Member Casler suggested the following changes to the proposed Resolution: 1) Deletion of the second and fourth "WHEREAS." 2) Revise the third "WHEREAS" to read, "WHEREAS, the consumer, including the City of Carlsbad, in spite of sincere and successful attempts at energy conservation, has been forced to bear the burden of rate increases, and. . . . 3) Item 1 be revised to read, "An immediate investigation of the $166 million rate increase granted to San Diego Gas and Electric Company." 11 MINUTES C481 [281 E631 February 2, 1982 Page 8 Council discussion related to the changes suggested by Council Member Casler. A motion was made and seconded to adopt Resolution No. 6784, as amended by Council Member Casler. A motion was made to amend the motion to retain the original wording of the second "WHEREAS." The motion failed due to lack of a majority. A motion was made to retain the wording of the third "WHEREAS." The motion failed due to lack of a majority. A motion was made to retain the wording of the fourth "WHEREAS." The motion failed due to lack of a majority. A motion was made to retain the wording of Item No. 1. The motion failed due to lack of a majority. Council adopted the following Resolution, as amended: RESOLUTION NO. 6784, STRONGLY OPPOSING THE $166 MILLION RATE INCREASE GRANTED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY BY THE PUBLIC UTILITIES COMMISSION. 22. AB 86893 - GENERAL MUNICIPAL ELECTION, JUNE 8, 1982. The City Clerk gave a staff report on the matter, and responded to Council questions regarding regulations for candidates. Council adopted the following Resolution, staying with the current policy: RESOLUTION NO. 6782, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND COSTS THEREOF. 23. AB /I6875 - HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE APPOINTMENT. Council adopted the following Resolution: RESOLUTION NO. 6770, APPOINTING A MEMBER TO THE CARLSBAD HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE; that member being John E. McCoy. 24. AB 86894 - LIBRARY BOARD OF TRUSTEES APPOINTMENT. Mayor Packard indicated he was not prepared to make any recommendations for the position on the Library Board of Trustees, and requested Council input regarding same at a future meeting. *I COUNCIL \\$ s96, % %$ % MEMBERS % s% f Cas ler X Packard Cas ler Lewis Anear xx X Kulchin Packard Cas ler X Lewis X Anear Kulchin X Packard Cas ler Lewis xx Anear Kulchin Packard Cas ler Lewis xx Ane ar Kulchin X Packard X Casler xx Lewis X Anear X Kulchin Packard X Kulchin xx Anear X Lewis X Cas ler X Packard X Kulchin X Anear X Lewis X Cas ler xx - MINUTES February 2, 1982 Page 9 Personnel 18. AB #6890 - PERSONNEL BOARD ACTION. The City Manager gave a report on the matter. Council affirmed the action of the Personnel Board as set forth in Personnel Board Resolution No. 2. [281 [2 I ! 81 19. AB +I6891 - PERSONNEL BOARD ACTION. Council concensus reflected the need for a Closed Session. Mayor Packard called a Closed Session at 8:28 P.M., for the purposes of discussing personnel matters. Council reconvened at 9:19 P.M., and Mayor Packard announced that discussion pertained to personnel matters. Council modified the action of the City Manager and Personnel Board to retain the employment of Tony V. Ramos with the following conditions: 1) Tony V. Ramos be reinstated to his previous position, effective February 8, 1982, at the same salary. 2) Tony V. Ramos be placed on probation for a period of one year, to include no increases in salary, no merit increases, no cost of living increases, and'no promotions during that period. 3) Tony V. Ramos shall be carefully observed during his one year probation period, and at the end of one year shall be placed as a regular employee. Mayor Packard directed that Staff convey to all City employees that Council cannot condone the actions of employees who violate the Code of Ethics of the City, and in taking this action, Council is in no way conveying to City employees that Council will take a lenient role in terms of unacceptable conduct. Mayor Packard further indicated that he will prepare a statement to explain the decision of Council regarding the matter and same will be available for publication in the near future. 1 COUNCIL REPORTS SANDAG Council Member Casler reported on a recent SANDAG meeting, and indiated that the Cities of Oceanside and Escondido will also be participating in the solids disposal study of Encina. Senior Citizens Association Council Member Casler reported on a recent Senior Citizens Association meeting. - COUNCIL \\p 9% % %' % MEMBERS % %% f Packard X Kulchin X Anear X Lewis xx Cas ler X Packard X Kulchin X Anear xx Lewis X Cas ler X f" c MINUTES 1 February 2, 1982 Page 10 ~~ ~~ ~~~ JAC Council Member Rulchin reported that Council Member Casler has been appointed Vice-chairman for the JAC Committee . - NCTD 1 Council Member Kulchin reported on a recent NCTD meeting. CITY COUNCIL ADDITIONAL BUSINESS Council Member Lewis briefly reported on complaints received by residents of Alta Mira with regard to the congestion on Palomar Airport Road from the truckers. The City Manager indicated that the Chief of Police is checking into the matter at this time. ADJOURNMENT By proper motion the meeting was adjourned at 9:31 P.M., to Tuesday, February 9, 1982 at 6:OO P.M. Respectfully Submitted, QQJL *A* ALETHA L. RAUTENKRANZ, City Clerk\ Ann R. Alleman, Yinutes Clerk 1 - COUNCIL \\y 5 % 3%; MEMBERS 6 6 6