HomeMy WebLinkAbout1984-05-15; City Council; Minutes0 0 MINUTES /3/
Meeting of: CITY COUNCIL (Regular Meeting)
Time Date of of Meeting: Meeting: May 6:OO 15, p.m. 1984 /\b
COUNCIL % %' 4 Place of Meeting: City Council Chambers MEMBERS % $%
CALL TO ORDER: The meeting was called to order by Mayor Casler at 6:OO p.m.
ROLL CALL was as follows:
Present: Council Members Casler, Lewis, Chick
and Prescott. Ill
Absent: Council Member Kulchin. I Ill
INVKATION was given by David Courson, Director of the National Christian Fellowship. Ill
PLEDGE OF WIANCE was led by Council Mehr Chick. Ill Pms~mIms: I Ill Ms. Sharon Chapo, Marketing Director, Del Mar Fair, presented the Council Members with baskets of marigolds and invitations to participate in the Del Mar Fair, June
14 through July 1. North County will be saluted on June
16, 1984, with a special invitation to Council Members to attend the luncheon planned for that day.
Mayor Casler read a Proclamation for National Public
Works Week, May 20 to May 26, 1984, and presented the Proclamation to Ron Beckman, City Engineer/ACM.
Mayor Casler read a Resolution honoring Mr. Donnie Allen Brown, who retired Play 1, 1984, and presented Mr. Brown with a plaque with the Seal of the City of Carlsbad.
APPROVZG OF MINUTES:
Minutes of the Regular Meeting held May 1, 1984, were approved as presented.
CONSENT CALENDAR:
Council confirmed the action of the Consent Calendar,
as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all ordinances and resolutions at this meeting.
(50) 1. AB #7758 - RATIFICRTION OF DENANDS AGAINST THE CITY.
Council ratified the payment of demands against the City in the amount of $610,742.38, for the period April 27, 1984 to May 10, 1984; Payroll demands in
the amount of $290,877.83, for the period April
23, 1984 to May 6, 1984; and Housing demands in the
amount of $61,214.84, for the period April 27,
1984 to May 10, 1984.
Casler Lewis Chick
~ Prescott
Casler
Lewis Chick
Prescott
(50) 2. AI3 #7749 - REFUND OF FEES.
Council approved the refund of $1,426.52 to Sonny's Automtive for overpayment of fees.
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CONSW CALENDAR: (Continued) I
3. AI3 #7750 - ESTABLISHMENT OF AN ADDITIONAL GENERAL
PLAN AMENDMENT HEAFUNG.
Council authorized July 17, 1984, as a general plan amendment public hearing date. I
4. AI3 #7751 - AUTHORITY TO AD-ISE FOR BIDS FOR ARMY-
NAVY ACADEMY CROSSING SIGNALS - COETTRACT NO. 3109.
Council adopted RESOLUTION NO. 7598, approving plans
and specifications, and authorizing the City Clerk to advertise for bids for Army-Navy Academy crossing
signals - contract m. 3109.
5. AI3 #7752 - UFGRADE OF CITY cC!PLl?UI'ER SYSI'EM. I
Council adopted RESOUITION NO, 7599, approving the upgrade of the City's mquter system and
appropriating funds.
6. AB #7753 - SEZ"EXW OF WORKERS' COMP~S~ION CLAIM.
Council adopted RESOLUTION NO. 7600, authorizing a
stipulation for award for a workers' compensation claim in the case of James R. Hawks.
7. AB #7754 - ENGINEERING DEPARTMENT LaUDGFT REVISION.
Council adopted RESOLUTION NO, 7601, amending the
1983-84 operating budget of the Engineering Department.
8. AB #7755 - ACCEPfANCE OF DEED FOR FOADWAY PURPOSES ON POINSETTIA LANE - CONTRACT NO. 3079.
Council adopted RESOLUTION NO, 7602, accepting a
grant deed.
ORDINANCES FOR ADOPI'ION: I
9. AB #7740 - Supplement #1 - EIR, ZONE CEWGE,
SPWIFIC PIAN, TENI'ATIVE MAE' AND ('DQDCMINIL. PERMIT - EIR 83-l/ZC-272/ZC-274/SP-l9O/CC 83-36/CP-273 - DEL MAR FINA?CIAIt.
Council adopted the following Ordinances and Resolution:
ORDINANCE NO. 971 5, AMENDING TnLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMEM)IX THE ZONING MAP
FROM mY ZONING TO 0 (OFFICE AND PROFESSICNAL), C. 2 (GEBERAL CD+lERCIAL), R-1-20,OOO AND C6 (OPEN SPACE) ON PROPEFtTY EAST OF EL CAMIN0 F?EATL AND SOUTJA
OF FUTURE COLLM;E BOULEVARD.
ORDINANCE NO. 9716, AMENDING TITLE 21 OF THE
CAlUSE3AD MUNICIPAL CODE BY AMENDING THE ZONING MAP
FROM cDJNI!Y ZONING TO C-2 FOR ~PFOXI~ELY 20 ACRES
ON PROPERTY mERALLY IXXXIWD EAST OF EL CAMIN0 REAL
AND NOF?El OF JXRURE COLLEGE BLWLEVARD.
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Casler
xx Presmtt X Chick Lewis
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ORDINANCES FOR ADOPTION: (Continued)
ORDINANCE No. 9717, APPROVING SPECIFIC PLAN (SP-190)
FOR A 99-ACRE PROJECT COMPRISED OF RESIDENTIAL,
COMMeRCIAL, OPEN SPACE AND OFFICE USE GENERALLY
IJXXt'ED aJ THE EAST SIDE CF EL CAMINO REAL BFTWEXN
FUTURE COLLEGE BOULEVARD AND FARADAY AWE.
RESOLUTIOM NO. 7603, APPFXX7ING A 12-lXT TENTWIVE
TMCT! W (CT 83-36) AND NON-RESIDENTIAL
CONDOMINIUM PERMIT (CP-273) ON A 99-ACRE PARCEL CN
PROPERTY GENERALLY UxXiXD ON THE EAST SIDE OF EL
CAMINO REAL SOUIY OF COLLEGE BOULEVARD.
(96) 10. AB #7743 - CHAZVGE YIELD SIGNS TO STOP SIGNS - UNICORN10 STREEET AT CORINTIA STREET,
Council adopted the following Ordinance:
Chick ORDINANCE BJO. 3168, AMENDING TITLE 10, CHAPTER
xx Lewis
X Casler
X Presmtt 10.28 OF THE CARLSBAD MUNICIPAL CODE BY THE
X
ADDITION OF SECTION 10.28.322 DESIGNMING STOP
CONTROL ON UNICORN10 STREET IYT CORINCIA STREET.
(78) 11. AB #7744 - l?EVISING SPEED LIMITS FOR PXCMAJ3 AIRPOKC ROAD BETWEEN CRRLSBAD BOULEVARD AND PASEO DEL
NOKCE .
Council adopted the following Ordinance:
Chick ORDINANCE NO. 3169, AMENDING TITLE 10, CHAPTER
X Lewis
X Casler
xx Presmtt 10.44 MUNICIPAL CODE BY THE ADDY!I'ION OF SECTION
X
10.44.170 TO WISE THE SPEED LIMIT OM PU!
AIRPOHT ROAD BFTWEEN CARCSBAD BOULEVARD A?AD PASEO
DEL NOKCE.
(78) 12. AB #7745 - REVISING SPEED LIMITS FOR MONROE STREET BETWEEN ELM AVENUE AND MARRON ROAD.
Council adopted the following Ordinance:
Chick ORDINANCE NO. 3170, AMENDING TITLE 10, CHAPTER
X Lewis X Casler
xx Presmtt 10.44 MUNICIPAL CODE BY THE ADDITION OF SECTION
X
10.44.150 TO REVISE THE SPEED LIMXT ON NMROE
STREET.
(78) 13. AB #7746 - REVISING SPEED LIMITS FOR PASEO DEL
NOKCE BE;TWEEN CANNON ROAD AND PAL(=MAR AIRPOHT RaAD.
Council adopted the following Ordinance:
xx Chick ORDINANCE NO. 31 71 , AMENDING TITLE 10, CHAPTER
X Lewis
X Casler
X Presmtt 10.44 MUNICIPAL CODE BY THE ADDITION OF SECTION 10 -44.1 10b TO WISE THE SPEED LIMIT ON PASEO DEL
NORTE BETWEEN CANNON WAD AM) PALOMAR AIRPOHT mAD.
(78) 14. AB #7747 - l?EVISINc, SPEED LIT?rITS FOR CAMIN0 VIDA ROBLE BETWEEN EL CAMINO REAL AND PAL(=MAR AIRPORT ROAD.
Council adopted the following Ordinance: xx Lewis
X Casler
10.44 MUNICIPAL CODE BY THE ADDITION OF SECTION Presmtt X
10 -44,160 TO REVISE THE SPEED LIMIT ON CAMIN0 VlDA
ROBLE BETWEEN EL WINO REAZ; AND PAUlM?iR AIRPORT ROAD.
ORDINANCE NO. 3172, AMENDDG TITLE IO, CHAPTER X Chick
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HOUSING AND REDEVELOPMENT COMMISSION: I
Council adjourned to the Housing and Redevelopment Con-unission at 6:16 p.m., and re-convened at 6:22 p.m., with four Council Members present.
DEPAHTMEMPAL AND CITY MANAGER REPOKFS: I
City Manager I
(81) 15. AE a7178 - Supplement #2 - PUBLIC SAFETY CENTER. I
(45) Frank Aleshire, City Manager, gave the report on this item as contained in the Agenda Bill. He stated Mr. Miller and Mr. Ruhnau were here to answer questions on
the project. Mr. Aleshire stated Council would be asked to adopt a definite schedule for the safety
center in approximately one mnth.
Council mer Chick stated it should be known that the City Manager, by re-negotiating the contract, saved $310,000 over the initial contract.
Council adopted the followinq Resolutions:
RESOLUTION NO. 7604, APPROVING AN ARCHITECTURAL SEWICE
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RtEDJAU,
MCGAVIN, mU FOR SERVICES PERFORMED FOR CCPJSTRUCTIOM
OF THE PUBLIC SAFETY CENTER, AM) AUTHORIZING THE MAYOR
TO EXEUI'E SAID AGREEMINI'.
RESOLUTION NO. 7605, APPROVING A CONSTRUCTION
MAGEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
KOLL COMPANY FOR SERVICES PERFORMED FOR CONSJXUCTION OF
THE PUBLIC SAFETY CEIWER, AND AUIWORIZING THE WYOR TO
EXECUTE SAID AGREEMENT.
City Clerk
16. AB #6432 - Supplement #1 - SPECIAL TW0-m
(48) COUNCIL TEIIM.
Council continued this item to the next regularly scheduled meting, June 5, 1 984, for a full Council.
City Attorney
(78) 17. AI3 #7066 - Supplement #2 - REPEAL OF CJWFTER 5.18 - DRUG PARAPHERNALIA STORES - TO BE CONSISTm WITH
STA!I'E LAW.
City Attorney Vincent Biondo gave the report on this item, adding to the information in the Agenda Bill, stating when the Law changed in 1982, the State completely prohibited the sale of drug paraphernalia to anyboay in the State of California. The City Ordinance required persons purchasing such paraphernalia to
register, and that Ordinance is mw redundant and in conflict with the State Law. Mr. Riondo stated the
Police Chief concurred with him that the City Ordinance should be repealed, in order to allow for vigorous enforcement of the State Law.
Casler
Lewis
Chick Prescott
Casler Lewis
Chick
Prescott
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May 15, 1984 Page 5 COUNCIL /o $3, MEMBERS * (Ir *
Mr. Biondo further stated he had received an upinion
from the Attorney General today that the State Law is a total ban in the State of California, making the sale
of drug Paraphernalia unlawful, and does not rrrake any
provision for cities to regulate this. The State did not repeal the previous law on the books, but where
there are two laws on one subject, the mre recent one
controls and repeals the earlier one by implication.
Mr. Biondo reconmended the Council eliminate the conflict now existing between Carlsbad's Ordinance and the State Law and proceed to prosecute under the State Law. He further stated that he had advised the Police Department to cease enforcing the City Ordinance.
Mrs. Anna Rnox, representing Carlsbad for Drug Free
Youth, had filed a request to speak on this item, and
addressed Council stating her mncern that all of the
City Ordinance did not need to be repealed, as the State Law did not deal with the licensing for the sale
of drug paraphernalia.
The definition of what constitutes drug paraphernalia was discussed, with Police Chief Jim0 stating that when they are given direction by the District Attorney, they will enforce the State Law. Council also discussed licensing of establishments to sell drug paraphernalia, with the City Attorney stating it is illegal to sell to anyone according to the State Law, making Carlsbad's Ordinance to license and register in conflict with that Law.
Council introduced the following Ordinance: Casler X
Lewis xx ORDINANCE NO. 6075, AMENDING TITLE 5 OF THE CARLSBAD Chick X MUNICIPAL a3DE BY REPEALING CHAPTER 5.18 REGUWING Prescott X DRUG PARAPHERNALIA.
(28) 18. AB #7756 - €?EMOVAL OF CC+lMISSIONERS -
(67) QUALIFIWION FOR APlJOINTMENJ?.
City Attorney Vincent Biondo gave the report as contained in the A.genda Bill.
In answer to query, Mr. Biondo stated this was a matter of policy for the Council and did not have any legal
implications.
Council introduced the following Ordinances: Casler X Lewis xx ORDINANCE NO. 1270, AMENDING TITLE 2, CHAPTER 2.08 OF Chick X THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION X Presmtt 2.08.080 TO PFOVIDE FORTHE FGMOVAL OF MEMBERS OF THE CITY'S BOARDS AND co"1ss1oNs.
ORDINANCE NO. 1271, AMENDING TITLE 2, CHAFTER 2.08 OF
THE CARLSW MUNICIPAL CODE BY THE ADDITION OF SECTION
20.08.090 TO REQUIRE THXC AEYOIXL'EES TO ALL BOARDS AND
coMMIssIoNs BE UNITm STXCES CITIZENS.
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City Council
(76) 19. AB #7757 - PLANNING cm1ss10N APPoINTm.
Council, by minute notion, accepted the resignation of
Chick and mntinued the nominations for Planning Comission
X Lewis Connnissioner Lyttleton from the Planning Comission,
xx Casler
June 5, 1984. X Prescott appointment until the next regular Council Meeting,
X
City Manager
(81) 20. AB #7759 - APPIAN ROAD.
(97)
City Manager Frank Aleshire gave the report on this iten
as mntained in the Auenda Bill.
Mayor Casler suggested the City put the road in, and if Mr. Frazee subsequently subdivides the property, the
City would be reimbursed for the mney spent.
Ron Beckman, City Engineer/ACP?, stated whether a major or minor subdivision or a new residence, the City shoull require inprovements.
Council accepted Mr. F'razee's offer to dedicate the Casler X
street right-of-way, and agreed to construct a half Lewis xx
street, with the requirement that if there is any major chick X or minor subdivision of that property that the City be Prescott x reirrbursed for its expenses.
COUNCIL REPoms :
Camp Pendleton Conference
Council Member Prescott reported on the recent meeting
with Bill Craven.
Library Board of Trustees
Council Member Lewis reported on the recent meeting.
Palomar Airport Committee
Council Member Lewis gave an update on the Committee activities.
CLOSED SESSION:
Council adjourned at 7: 16 p.m. to a Closed Session. Mayor Casler announced that the purpose of the closed session was to instruct the City negotiators in meet and confer.
Council re-convened at 8:22 p.m., and Mayor Casler announced that the purpose was to instruct City negotiators received instructions in meet and confer.
Council adopted the following Resolutions: Casler X Lewis X
UNDERSTANDING BETWEEN REPRESENTZXlTVES OF MANAGEMENT AND Prescott X (74) RESOLUTION NO. 7607, ADOPTING A MEMORANDUM OF xx Chick
THE CARLSBAD POLICE OFFICERS' ASSOCI~ION.
RESOLUTION NO. 7608, ADOPTING SALARY PLAN FDR EMPLOYEES
REPRESENTED BY THE CARLSBAD POLICE OFFICERS'
ASSOCI~ION, FORTHE 1984-85 AND 1985-86 FISCAL YEARS.
(74)
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May 15, 1984 Page 7
Council adopted the following Resolutions:
(74) RES0uII:ION NO. 7609, ADOPTING A ME")uM OF UNDERSI'ANDING BETWEEN REPRESmmIVES OF MAJSJAGENENT AND
THE CARLSBAD FIREFIGHTERS' ASSOCIA!I'ION, INC.
(74) RESOLUTION NO. 7610, ADOPTING SALARY PLAN FOR EMPLOYEES
REPRESENTm BY THE CXFUSBAD FIREFIQFI'ERS' ASSOC~ION,
INC. , FOR THE 1984-85, 1 985-86 AND 1986-87 FISCAL
YEARS: AND Al?PROVING A FUM) TRANSFER.
ADJ~:
By proper mtion, the meeting was adjourned at 8:25 p.m.,
toTuesday, May 22, 1984, 6:OO p.m., in the Council
Chambers.
Respectfully submitted,
h d. Q* ALmHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
COUNCIL /\b %p$a "0 %p,
MEMBERS Z. @ Z.
Casler X Lewis
X Prescott
xx Chick X