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HomeMy WebLinkAbout1984-12-11; City Council; Minutes< - 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: December 11, 1984 /\y Time of Meeting: 6:OO p.m. COUNCIL % %' 3 Place of Meeting: City Council Chambers MEMBERS % %% CALL TO ORDER: The meeting was called to order by Mayor Casler at 6:02 p.m. ROLL CALL was taken by the City Clerk as follows: Present: Council Members Casler, Lewis, Chick, Kulchin and Pettine. Absent : None . SLIDE PRESENTATION: City Manager Frank Aleshire introduced a ten-minute slid! program on Beach Erosion that had been prepared to show at a Statewide conference on beach erosion in February. ORDINANCES FOR ADOPTION: 1. AB #7980 - HOSPITAL (x7ERLAy ZONE - ZCA-178 - CITY OF ('14) CARLSBAD. Council adopted the following Ordinance: X Pettine ESTABLISHING THE HOSPIT~~ (H-O) ZONE. X xx Kulchin ORDILWNCE NO. 9743, AMENDING TITLE 21 , OF THE CARLSEW3 X Lewis X Casler MuNIcrpm CDDE BY THE ADDITION OF CHAPTER 21.23 Chick (1 14) 2. AB #7981 - ZONE ODE m RESTRICTING REAPPLICATION F0Il;OwING A DENIAL - ZCA-177 - CITY OF CAIUSBAD. Council adopted the follawing Ordinance: X Casler Lewis X OFKIIMANCE ND. 9744, AMENDING TITLE 21, CHAPTER 21.54 OF Kulchin xx THE CARLSBAD MUh'ICIPAL OllDE BY THE ADDITION OF SECTION Chick X Pettine 21.54.130 '10 RESWCT THE RF3PPLICATIoM AFTER D?3?IAL. X (72) 3. AB #7986 - Mo PARKING ON AWA lioAD F" MIMOSA DRIVE !IO MELFOSE DRIVE. Council adopted the following Ordinance: X Casler Lewis X ORDINAWE NO. 3 180, AMENDING TITLE 10, CHAPTER 10 -40 OF Kulchin WAL AND E" ALI- AOAD 20 MELROSE DRIVE. DRIVE; AND SOUTH SIDE FROM E.IIWA DRIVE To EL CAMIN0 AS EOLLWS: NOKI'H SIDE FROM MIMOSA DRIVE TO MEWSE X Pettine 10.40.058 TO DECLARE A "NCFPARKINT" ZONE CN ALGA FOAD xx Chick THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION X PUBLIC HEARINGS: (25) 4. AB #7306 - Supplement #5 - JAMES DRIVE ASSESSMENT DISTRICT DEBT LINIT PUBLIC €EARING. City Clerk Lee Rautenkranz reported that notice, pursuant to the provisions of the Streets and Highways Code, had been given as required by law, and the affidavit was on file in her office. Ron Beckman, City Engineer, gave the staff report on this item as contained in the Agenda Bill. He introdluced Mr. Brown, the Bond Counsel, and Mr. Chuck Bras , Assessment Engineer. 29/ 0 0 MINUTES December 11, 1984 Page 2 Mr. Brown stated this was the first of two hearings, and there was no finalized proposal for the sale of bonds at this time. He stated if Council decided to proceed, the plans and specs would be finalized and would be returned to Council to authorize the bidding for the improvements and a proposal for sale of bonds. Mr. Charles Bras, Engineer of Work, explained the method or formula for spreading assessments and summarized the improvements included within the district. He referred to the reprt which was prepared and mailed to each of the property Owners. Mr. Bras also explained the area of the district and the particular items included in the construction. He used a wall chart &awing the boundaries of the district and where the improvements would be made, including the storm drain. %e total costs estimate is mnservative, according to Mr. Bras. There were four owners not in favor of the district, and he stated they had been infonned that they muld lower the assessment by furnishing the right-of-way. Mr. Brown asked Mr. Beckman to make a report on the percentage aunt and the written protests received. Ron Beckman stated written protests had been received from four parcels and these were noted on the map. He stated several others had indicated potential opposition to the district. In answer to query, Mr. Beckman stated the two northeasterly parcels are farms and would derive no benefit from the roadway going all the way through the district; therefore, it would be better to wait until there was a plan for development of those two parcels for the road to be put all the way through. Mr. Becfanan stated there were ten property owners who signed the petition and one was silent. There are 18 parcels in the district. Staff was questioned about the traffic on Basswood, and answered that the street could handle the added traffic when all the lots were developed. Mayor Casler opened the public hearing at 6:32 p.m. and issued the invitation to speak to those who had filed written protests. Mr. Russell Holmes, Owner of lot #lo, stated he acquired the property eleven years ago and his hobbies are flowers and trees. He stated he auld not afford to pay these enomus fees at his age. He added that he did not intend to sub-divide his parcel. Mr. Howard Barker, lot #16, 3210 Highland Drive, stated he had no intention of developing his property, but added if the majority of owners wanted the street through, then it should go all the way through, and not be a cul-de-sac. Mr. Barker asked the City Council to abandon this project. Mayor Casler asked for testimony from those Owners who opposed the district, but had not filed a protest. 3 90 I COUNCIL \{k %9 0 &e )r 8 MEMBERS % %% - 0 0 MINUTES December 11, 1984 Page 3 Mr. Michael O'Gara, 3229 Valley, lot #8, stated he was basically in favor of the district, but the price was out of line as far as he was mncerned, making it mandatory that he oppose it. Since no one else wished to speak on this item, the public hearing was closed at 6:45 p.m. Ron Beclanan stated this started out as a smaller project, but other Owners wanted to be included and it was extended. That in turn affected two of the people now protesting. Mr. Beclrman said if this were continued until January 15, he muld try to mrk with the property owners and the Bond Counsel to meet the needs of the owners. He added there was less than 50 percent opposing the project . Council Member Chick inquired about the increase in cost and Mr. Beckman stated the cost of a district cannot exceed the estimate by more than ten percent, so the estimate includes all possible axts of improvements. Council continued the public hearing to the meeting of January 15, 1985. DEPARTMENTAL AND CITY MMNAGER REFOFtI'S: Personnel (28) 5. IbB 87938 - PERSONNEL BOARD ACTION. Frank Mannen, Assistant City Manager, gave the staff report on this item, stating the action of the Department had keen reviewed and all requirements regarding suspension of an employee were followed in accordance with the personnel rules. The Department Head got approval from the City Manager, who is the appointing authority and can remve employees and discipline them. Mr. Mannen stated there were no progressive steps outlined in the personnel rules. The progressive step process relates to safety violations, and the City does not extend that process to the violation of other personnel rules. Mr. Mannen stated this discipline was not based on me single incident, but a series of rule violations, and this is reflected in his mrk history. He concluded by stating that the Personnel Board had heard the evidence and made a decision based on that evidence. Mr. Kelly Irving, employee's representative, addressed Council, stating he had received a reprt today dated December 7, with respect to the unanswered questions from the previous meeting. He added this employee had no opportunity to talk with the Department Head before he went to the City Manager and invoked the discipline. 3 89 I COUNCIL \\k 5 % %' 8 MEMBERS % %% Casler Lewis X X Pett ine X Chick xx Kulchin X 0 MINUTES 0 - December 11, 1984 Page 4 Mr. Irving referred to the progressive discipline in the employee's handbook and stated the theory stated tonight was new and refuted the testimony given at the last meetin.g. Council Member Kulchin expressed concern with the degree of the discipline. She stated there should be some kind of progressive guidelines. Council affirmed the action of the Personnel Roard as set forth in the following Resolution: RESOLUTION NO. 9, ANNOUNCING ACTIO5J CRJ THE APPEAZ; OF WAYNE MINOR. Plannim a (55 ) 6. AJ~ #7985 - Supplement #1 - NORTEI COUNTY RESOURCE REcOVFBY CENTER. Mike Holzmiller, Land Use Planning Manager, reported a meeting could be set up on one of the suggested dates set out in the Agenda Bill, with the four people listed there to be the speakers for an informational hearing on the North County Resource Recovery Center. He suggested that after that meeting, the Council could take a position and notify San Plarcos, although this Council had no official status as far as the center. Mayor Casler expressed her opposition to having such a hearing, as she felt this Council could not make an informed decision with just one such hearing. Council decided to hold a hearing on the North County Resource Recovery Center as soon as possible and invite the people listed on the Agenda Bill to participate in the informational hearing. Engineering (78) 7. AB #7988 - SPEED LIMIT OM A POF3ION OF LA COSTA AVENUE. Ron Beclanan, City Engineer, gave the staff report as contained in the Agenda Bill, stating this is an urgency measure. Council adopted the following Ordinance: ORDINANCE NO. 3181, AMJ3NDING TITLE 10, WmR 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECfION 10.44.070 !IO ADDITIONALLY SET A PRIMA FACIE SPEED LIMIT OF THIIITY-FIVE MILES PER HOUR ON A POIZTION OF LA OOSTA AVENUE . City Manager ( 74) 8. ?B #7989 - REPORT ON CITY EMPLOYEE BENEFITS PROGRAM Frank Mannen, Assistant City Manager, gave the report on this item as contained in the Agenda Bill. In response to query, Frank Aleshire, City Manager, reported the City wrks through a broker, who decides when the mrket is right for going out for bids by insurance companies for an enployee benefits program, and the last couple of years have not been gcd years for the City to do this. 388 v COUNCIL I\\ 3 %a 8 MEMBERS % $% Casler x Chick Kulchin X Lewis xx X Pettine Casler Lewis Kulchin xx X Pettine Chick X Casler X Lewis X X Pettine X Chick XX Kulchin (27) (37) (70) (37) (99) (57) 0 MINUTES 0 December 11, 1984 Page 5 Council approved the following Resolution: SOLUTION NO. 7838, AJ?PROPRIATING FUNDS FOR EMPliOYEE BENEFITS . mEss : Mayor Casler declared a recess at 8:OO p.m. and Council re-convened at 8:13 p.m., wit?? all Members present. Finance 9. ANNUAL AUDIT FEFQR!l?. Jim Elliott, Finance Director, stated this was an informational item, and updated mpies of the financial report will be forthcoming. Mr. Elliott introduced Mr. Frank Panarisi and Mr. Gary Sullivan, from the firm of Deloitte, Haskins and Sells, who were the individuals involved in the City audit. Mr. Panarisi referred to the managerent report which will be coming in, and stated this will be a constructive report for the City. Mr. Elliott stated this information will be in the Council's hands when all the conanents and answers are in and they have been gone over with upper management. Mr. Elliott used wall charts and transparencies and detailed the contents of his memorandum dated December 11, to the City Manager. City Council 10 . MZMOF?ANDUM !BOM COUNCIL ME%IBER KUIXHIN. Council Member Rulchin referred to the Beach Preservation Policy attached to her memrandum dated November 29, 1984, to the Council, and asked the Council to approve the Purpose and Goal. Council approved the Beach Preservation Policy as presented. 1 1 . MEMORANDUM FROM COUNCIL MEMBER LEWIS. Item #1. Council Member Lewis stated he muld like Council to adopt an interim policy to accept only projects at the mid-point of density range until the General Plan review process is mnpleted. Mr. Anthony Bonforte, 110 West "C" Street, San Diego, requested permission to speak to Council in opposition to such a policy. He stated this muld bring to a stop all planning done to date on projects and deny the Council any flexibility in their decision-making. He asked Council not to proceed along this line. 387 COUNCIL /\k 3 %' 9 MEMBERS % $% Casler xx Lewis X X Pettine X Chick X Kulchin Casler X Pet t ine X Chick X Kulchin X Lewis xx - 0 MINUTES e December 11, 1984 Page 6 Council Member Lewis stated construction was not being stopped, just kept to the mean as far as density. Council Member Pettine agreed with Council Member Lewis, and added he Fiould like to go further and ask staff to submit a remendation for an interim growth management plan. Council Member Chick expressed his belief that densities had not been abused and he felt there was rn problem. Re stated. he auld not support this proposal. He mncluded by stating each project should be reviewed on its own merits. Council Member Lewis took exception to abuses m density, stating in the northeastern quadrant, projects were all over the mean in density. He felt being over- balanced in two quadrants and under-balanced in two did not put the City in balance as far as density. Mayor Casler stated that she felt during the land use review, no GPA's should be mnsidered, and no projects should be approved over the mean in density during the time of the general plan review, if there is an impact on traffic or streets that cannot be mitigated. In response to query, Mike Holzmiller, Tad Use Planninl Manager, stated that staff thought they muld allow applications by special process, as long as those applications did not inpact the land use study and Council approval was received for processing an application. He said that there are times a GPA is requested because of what the General Plan states, and those applications muld be processed upon Council approval. Council determined that no General Plan Amendments would be processed until the review of the Land Use Element of the General Plan is completed. 5.l Council stated its intention not to approve above the mean in designated density, any project where there is an impact on circulation that cannot be mitigated. Council directed staff to submit a report to Council on a variety of land use techniques which might be available to provide an interim growth management plan to mqlement the policies just adopted, during the Land Use Element review. 2. Item #2 of Council Member Lewis * memorandum was iw review the Public Facility Fee to determine whether it is adequate to fund required public facilities. Mayor Casler stated she felt this matter should be deferred until the Land Use Element review had been completed. She added that it should be reviewed, but not now. Council concurred. I .? 2 L COUNCIL /\k % %' ? MEMBERS % %$ Casler X Pettine X Chi& X Kulchin X Lewis xx Casler xx lewis X Kulchin X Chick X Pettine X Casler X Lewis X Rulchin X Chick Pettine xx - F 1 e e MINUTES COUNCIL \\$ 5 % yesT December 11, 1984 Page 7 MEMBERS * J, Z. 3. Council M&r Lewis stated his third recommendation to require dedication of park land "up front" in master plan areas, rather than as the development occurs. City Attorney Vincent Biondo stated the Council muld achieve whatever it desired, and this muld be a matter of negotiations, but it is within the discretion of the Council. Mayor Casler again stated this muld be done in the future. If the master plan has been approved, it cannot be amended, but the new master plans could be. 4. Suggestion #4 by Council Mer Lewis was appointment of a Blue Ribbn Consnittee to determine future senior citizens' program. It was suggested that a date of perhaps six mnths be put on this, and people should be given an opportunity to apply for membership on this corrsnittee. Mayor Casler suggested the Senior Citizens Association be mnsulted on this before any decision is made. INFORMATION ITEPI: : 78) A. Agenda Bill containing informational report on illegal aliens. City Manager Frank Aleshire reported no action was necessary on this item; that the Auenda Bill pointed ug the efforts on the part of the City to remve illegal aliens from City property in Macario Canyon. He stated the Health Department has ordered the dwellings and debris to be gone within fifteen days. The Police Department has written a report. Mr. Aleshire used a transparency to shcw the areas affected and stated the citizens had complained about the aliens. Because of the County Health Department action, the area had been photographed and an area along the ridge of Aqua Hedionda Lagoon shown in detail, where the dwellings were oonscentrated. Mr. Aleshire said the City was working with the Border Patrol and Irrunigration Department, and after the aliens are deported, Parks and Recreation Department will clean up the area. He stated everyone muld be informed as to what was happeninq; that the aliens could be hired, but not housed. In mnclusion Mr. Aleshire suggested the Congressman oould be mntacted regarding this matter, and Council concurred with pursuing this. COUNCIL REpofyrs: Parks t Recreation Commission Council Member Pettine reported on the recent Parks & Recreation Conanission Meeting. Coastal Conanission Council Member Chick reported on a recent meeting, and reported on the problems with interpretation of Assembly Bill 3744, which was passed. I 3 85 +a MINUTES 0 ( 37) (99) December 11, 1984 Page 8 ~ Village Merchants Council Member Hulchin reported on the activities. ~~ Historical Preservation Committee Council Member Lewis gave a short report on a recent meeting. Land Use Review Committee Council approved puttin9 an ad in the newspaper inviting applications for the Land Use Review Committee. Council Committee Appointments: Mayor Casler announced Council Member Kulchin would be on the SWAG Beach Erosion Conunittee, the Bullet Train Connittee and the Depot Consnittee. Mayor Casler announced Council Member Pettine wuld be the liaison for the Rousing and Redevelopment Advisory Committee. OFF-AGENDA I'I": Final Map, Carlsbad Tract 81-16, Unit No. 3, Vista Santa Fe. Council agreed to consider an off-agenda item as recomnded. 1- Ron Beckman, City Engineer, gave the staff report as contained in the Agenda Bill. Council adopted the following Resolutions: RESOLUTION NO. 7839, ACCEP!FING A GRFlwT DEED. RESOLUTION NO. 7848, ACCEPTING A GRANT DEED FOR EASEMENT PuIIpOsW. CLOSED SESSIOET: Council adjourned to a closed session at 9:59 p.m. to discuss meet and confer and litigation. Council re-convened at 10:32 p.m. Mayor Casler announced that meet and mnfer and litigation had been discussed and no action taken. ADJOURNMENT: By proper mtion, the Meeting was adjourned at 18:33 p.m. Pespectfully submitted, &&e/& 4 @mZ-&> ALFMA L. RAuTENRRAh7z City Clerk Harriett Babbitt Minutes Clerk .c 3 8v I COUNCIL I\\ % %' 3 MEMBERS % %% Casler X Pettine X Chick X Kulchin X Lewis xx Casler X Pettine xx Chick X Kulchin X Lewis x Casler X Chick X Kulchin X Lewis xx X Pettine