HomeMy WebLinkAbout1986-03-18; City Council; Minutesi I) MINUTES 0
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Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: March 18, 1986
Place of Meeting: City Council Chambers
CLOSED SESSION:
Council convened at 5:OO p.m., with four Members
present and Council Member Chick absent.
By unanimous consensus, Council adjourned to a Closed
Session to discuss pending litigation and personnel
matters regarding meet and confer.
Council adjourned the Closed Session at 5:55 p.m.
CALL TO ORDER:
Mayor Casler called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present - Council Members Casler, Lewis, Kulchin
Chick and Pettine.
Absent - None.
INVOCATION was given by Reverand 0. E. Webber, Good
Shepherd Assembly of God.
PLEDGE OF ALLEGIANCE was led by City Attorney Vincent
Biondo.
Mayor Casler announced the City Council had been in
Closed Session for the last hour discussing pending
litigation and personnel matters regarding meet and
confer .
APPROVAL OF MINUTES: (one motion)
Minutes of the Regular Meeting held February 11, 1986,
were approved as presented.
Minutes of the Regular Meeting held February 18, 1986,
were approved as presented.
CONSENT CALENDAR:
Council Member Pettine requested a "NO" vote be shown
for him on Items No. 3 and 4.
Mayor Casler announced the City Engineer had
requested Item No. 2 be withdrawn from the Agenda.
Council Member Lewis requested Item No. 12 be
withdrawn from the Consent Calendar.
Council affirmed the action of the Consent Calendar,
with the exception of Items No. 2 and 12, as follows:
WAIVER OF ORDINANCE TEXT READING. ~~ ~
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
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CONSENT CALENDAR: (continued)
1. AB !I7657 - Supplement W3 - TERMINATION OF
LIABILITY INSURANCE.
Council adopted RESOLUTION NO. 8445, approving the
termination of excess liability insurance.
2. AB 8831 1 - Supplement 83 - NOTICE OF COMPLETION
FOR STAGECOACH PARK GRADING - PR03ECT NO. 3191.
This item was withdrawn from the agenda.
3. AB #7592 - Supplement #8 - FINAL MAP - CARLSBAD
TRACT 83-21. UNIT 2.
Council approved the Final Map of Carlsbad Tract
83-21, Unit 2; and Council adopted RESOLUTION NO. - 8432, accepting a grant deed for street purposes
for a portion of Tamarack Avenue and RESOLUTION
NO. 8433, accepting a grant deed for street
purposes for a portion of Simsbury Court.
4. AB 87592 - Supplement #7 - FINAL MAP - CARLSBAD
TRACT 83-21. UNIT 3.
Council approved the final map of Carlsbad Tract
83-21, Unit 3.
5. AB f8543 - GRANT DEEDS FOR TAMARACK AVENUE.
Council adopted RESOLUTION NO. 8434, accepting a
grant deed from Louis F. and Lillie F. Lundhagen;
and Council adopted RESOLUTION NO. 8435, accepting
a qrant deed from Robert S. and Marjorie A.
Morrison.
6. AB f8544 - UNREASONABLE HARDSHIP - 2815 ROOSEVELT
STREET.
Council approved the decision of the Building
Official reaarding an unreasonable hardship at the
Danish Bakery.
7. AB !I8545 - REJECTING BIDS FOR LIBRARY SECURITY
SYSTEM.
Council adopted RESOLUTION NO. 8436, rejecting all
bids for the Library Security System, and
authorizing the Purchasing Officer to invite bids
with revised specifications.
8. AB 118546 - REORGANIZATION OF THE PERSONNEL
DEPARTMENT.
Council adopted RESOLUTION NO. 8437, amending the
classification and salary plans of the City to
adopt the classification of Compensation
Technician, and reclassify certain positions.
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CONSENT CALENDAR: (continued)
(74) 9. AB 118547 - REQUEST FOR AUTHORITY TO DESTROY FILES.
Council adopted RESOLUTION NO. 8438, authorizing
the destruction of files.
(70) 10. AB 88548 - OFFER OF DEDICATION FOR A PUBLIC BEACH
ACCESS.
Council adopted RESOLUTION NO. 8439, approving
the application for grant funding and
construction of a concrete stairway for public
access to the beach and allocation of funds for
design of the facility.
(81) 11. AB 1'181 19 - Supplement f20 - AWARD OF CONTRACT FOR
(45) SAFETY CENTER.
Council adopted RESOLUTION NO. 8440, accepting
and authorizing the execution of Contract Nos.
3006-7A, 3006-7B, 3006-7C, 3006-7D, 3006-7E,
3006-7G, 3006-73, and 3006-7M; authorizing the
Koll Company to negotiate bid Contract Nos. 3006-7F,
3006-7H, 3006-71 and 3006-7L; and rebid Contract No.
3006-7K for the construction of the Carlsbad
Safety and Service Center.
ITEM REMOVED FROM THE CONSENT CALENDAR:
(40) 12. AB !I8549 - CONSULTANT AGREEMENT FOR CITY
(45) HALLMAIN LIBRARY ARCHITECTURAL STUDY.
Council Member Lewis asked this item be withdrawn from
the Consent Calendar to include other sites in this study. He stated he particularly liked the suggestion
of the Chamber of Commerce to build a new civic center
at the site of the Safety Center and he would like
that to be considered.
Assistant City Manager Frank Mannen explained once the
needs have been identified, the City could proceed with an analysis as to whether this present site
should be remodeled or whether a new facility should
be considered.
Council adopted the followina Resolution:
RESOLUTION NO. 8441, APPROVING A CONSULTANT AGREEMENT
FOR AN ARCHITECTURAL SITE EVALUATION STUDY OF THE CITY
HALLjMAIN LIBRARY COMPLEX.
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PUBLIC HEARINGS:
(26) 13. AB /I8496 - Supplement fl - APPIAN ROAD ASSESSMENT
DISTRICT NO. 86-2.
City Engineer Gene Donovan gave a presentation on the
extent of the works of improvement, and the boundaries
of the proposed district using a transparency.
Warren Diven, with F. MacKenzie Brown, Inc., continued
the report, stating the purpose of this hearing. Mr.
Diven asked the City Clerk whether the Certificate of
Completion was on file with the transcript, and the
City Clerk replied, yes they were in her office.
He asked whether any written correspondence had been
received on that matter, and the City Clerk replied
there were two pieces of written correspondence, and
copies had been distributed to the City Council
Members.
Mayor Casler opened the Public Hearing at &:I5 p.m.,
and issued the invitation to speak.
John Frazee, 2410 Appian Road, addressed Council and
referred to a recent letter submitted to the Council
stating a willingness to support the district if the
City participated in the cost of improvements.
Richard Sica, 3383 Garibaldi Place, spoke in favor of
the City passing these Resolutions, stating the
improvements are necessary to eliminate a safety
hazard.
John McCoy, 390 Oak Avenue, spoke in favor of the City
adopting these Resolutions, stating the Frazees were to have made these improvements to their property over
20 years ago. He requested the improvements be installed.
Since no one else wished to speak on this item, the
Public Hearing was closed at 6:22 p.m.
Mr. Diven stated the following alternatives were
available to Council at this time. Council could
continue this Public Hearing for a period of time to
determine whether the Frazees would construct the
improvements, with City participation, as suggested in
the letter sent by the Frazees. If the improvements
are not installed, the City could then instruct the
Street Superintendant to install those improvements.
The other alternative would be for the City Council to
go forward and adopt the Resolutions in the Agenda
packet.
Council Member Chick stated he did not have a copy of
the letter from the Frazees. Mayor Casler stated the letter from the Frazees offered to make the
improvements, dedicate the property to the City,
provided the City would drop all accumulative fees,
both legal and engineering, and give the Frazees all
the engineering plans that exist on the project. The
dirt would be placed on the park site on Elm Avenue,
and the City would participate in costs of
approximately $1 3,500.
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PUBLIC HEARINGS: (continued)
City Engineer Gene Donovan stated the costs of $13,500, plus $5,280 in additional costs, would make
the total additional costs to the City $18,780.
Council adopted the following Resolutions: (one
motion)
RESOLUTION NO. 8424, MAKING FINDINGS AT PUBLIC HEARING
PURSUANT TO CHAPTER 27 OF THE "IMPROVEMENT ACT OF
191 1".
RESOLUTION NO. 8425, MAKING APPOINTMENTS IN A SPECIAL
ASSESSMENT DISTRICT.
(99) 14. AB #I8550 - TENTATIVE MAP AND CONDOMINIUM PERMIT - CT 85-23/CP-320 - HOSP GROVE.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill using
transparencies to show the site and the major issues.
He also used a wall chart to show the developed and
undeveloped areas in the master plan.
Mr. Holzmiller stated one of the Planning Commissioners had written a letter stating he had not
understood the Planning Commission's vote regarding
the review of the master plan. Had he understood, he would have voted in the negative, which would have
created a three to three tie, defeating the motion to review the master plan.
Charles Grimm, Assistant Planning Director, continued
the report giving the technical data on the project.
Clyde Wickham, Engineering Department, reported on the
drainage, soil and siltation problems of the area.
In answer to query, Mike Holzrniller stated the project
would meet all criteria of the City, even with the new
requirements that have been recommended and initiated. He stated if the master plan were reviewed, the only
issue would be land use.
Mayor Casler opened the Public Hearing at 7:25 p.m.,
and issued the invitation to speak.
Nick Banche, 810 Mission Avenue, Oceanside, Attorney
for the applicant, stated there would be several speakers to make the presentation for the applicant.
Ted Odmark, 1747 Hancock Street, San Diego, gave the
history of the application.
Bill Hoffman, Planning Consultant, narrated a slide
presentation showing the location of the property, the
master plan, and how the project relates to the other
developments in the area.
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PUBLIC HEARINGS: (continued)
Ann Hicks, Odmark Development Company, 1747 Hancock
Street, San Diego, continued the report showing slides
indicating the features of the design. She called
attention to a model at the front of the Council
Chambers showing the clustered buildings on the low
areas and indicating the number of trees shielding the
development. The features of the development were
explained, including the recreational areas and the
use of daylight grading concept.
Nick Banche reiterated the amount of open space is far
greater than required and was a good plan.
He stated the daylight system of grading involved cut
and fill and would be followed by the applicant in
order to save as many eucalyptus trees as possible.
He stated there would be a loss of 470 trees, with 580
one-gallon size trees being put back. The applicant would be bonded for five years to ensure the trees
reach maturity.
Steve Estrada, 533 "F" Street, San Diego, stated there
would be several larger trees put in throughout the
area, as well as the one-gallon trees. However, he
reiterated the one-gallon trees would outgrow the
fifteen-gallon trees, as eucalyptus trees are fast
growing.
RECESS :
Mayor Casler declared a Recess at 7:55 p.m., and
Council reconvened at 8:05 p.m., with all Members
present.
14. AB $18550 - TENTATIVE MAP AND CONDOMINIUM PERMIT -
CT 85-23/CP-320 - HOSP GROVE.
Mayor Casler stated a number of letters had been
received by Council , some in favor and some in
opposition to this project. There were also numerous
phone calls. All Council Members have received copies
of these documents.
Girard W. Anear, 1728 Calavo Court, addressed Council
stating there is a fire problem with the eucalyptus
grove. He showed dry eucalyptus leaves and part of a
sumac plant, stating these are fire hazards. He
stated this sumac could ignite the eucalyptus trees,
which are quite explosive. This could result in the
loss of the entire grove, as well as surrounding
houses. He recommended thinning the grove and
replanting it with some type of tree recommended by
the California Division of Forestry. He stated the
houses in the area could be lost because of an
explosive fire in the tall eucalyptus trees.
3eff Piro, 1848 Forest Avenue, a member of the
Neighborhood Alliance, presented petitions to Council
in opposition to this proposed development. The petitions contained 1,800 signatures in opposition to
the proposed development.
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PUBLIC HEARINGS: (continued)
Mr. Piro gave a history of the Hosp Grove Master Plan
and articles from the newspapers dating back to 1966. He stated historical money is available to preserve
open space, and this type of funding should be sought
to preserve this area for a park. He said the area
was a historical site and important to the City of
Carlsbad.
Robert Fish, 1866 Forest, spoke regarding the traffic
impact of this proposed project. He asked Council to
consider the problems the additional traffic would
create before they approve the proposed project.
Leslie Williams, 2691 Crest Drive, spoke in opposition to this proposed project, reporting on the biological
report and aspects of the area. She stated there were
50 species of birds that inhabit the woods in
question. Mrs. Williams showed slides indicating
slopes that are void of trees, the erosion areas and
siltation problems.
3ustine Perl, 1898 Forest Avenue, stated Hosp Grove
had been a play area for many generations of children
in Carlsbad and should remain a play area for
generations to come.
Cindy Piro, 1898 Forest Avenue, spoke in opposition to
this project stating the Master Plan for Hosp Grove is
obsolete and should be reviewed. Also, the General
Plan should be looked at with regard to this area.
She stated Hosp Grove should be preserved.
Diane Lantz, 2844 Wilson, spoke in opposition to this
project, referring to the soils report.
Mrs. Lantz expressed concern about soil instability
and slippage under the three-story buildings. She
stated the heavy trucks would damage the roads in the area. It would be impossible to take the heavy
equipment onto the site because of the trees.
A gentleman used a map of the area to indicate that a
park was needed in that area. The only park in that
quadrant is Holiday Park.
3ulie Fish, 1866 Forest Avenue, stated she had 90
letters from 8th arade students, addressed to the City
Council, expressing concern over the loss of the
forest. She read parts of some of the letters to the
Council.
Amy Swanson stated she had lived in the area for
thirteen years and made many trips to the forest.
Kim Alpner expressed concern about the animals living
in Hosp Grove and asked Council to vote "no" on this
project and allow the forest to stay alive. She felt
this should be reviewed as a project that stands on
its own, and not as part of the ongoing Master Plan.
She also requested this area be considered as a park
for Carlsbad.
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PUBLIC HEARING: (continued)
Bob Prescott, 3303 Belle Lane, told of using the forest for many years and felt the Master Plan should
be updated for Hosp Grove. He recommended this area
be purchased for a park.
Peter Norby, 2451 Buena Vista Circle, spoke in
opposition to the development.
Kevin McCann, 1580 Jeanne Place, spoke in opposition
to this proposed development, asking Council not to
approve this plan.
Ron Wooten, President of the Buena Vista Lagoon
Foundation, P.O. Box 157, stated it was the policy of
the Foundation not to become involved in land use
decisions. Mr. Wooten referred to his letter to the
Council and suggestions contained in that letter
regarding siltation and erosion control.
Robert DelCarlo, 2754 Arlene Road, spoke in opposition
to this development.
A. 3. Skotnicki, 3535 Bedford Circle, referred to a
statement in the staff report that removal of the trees would not have a significant impact as they were not rare or an endangered species. He stated the
outright purchase of this grove is the choice. This
needs to be on the ballot, due to Proposition H, and
he was certain the citizens would approve such a
purchase. Mr. Skotnicki stated the findings of the
Traffic Engineer that the surrounding streets were
capable of carrying the added traffic was not
accurate, as the traffic was already a problem in that
area.
Mike Griffin, 2521 Crest Drive, representing Forest
View Guest Home, spoke in opposition to this proposed
project. He asked Council to preserve this forest.
Tom Smith, 2303 Ocean Street, spoke in opposition to
this proposed project.
Nick Banche spoke in rebuttal, stating there is a
condition on this project levying a fine on the
developer if more trees are cut down than indicated.
With regard to the Traffic Engineer's report, the
Project and City Engineer are in agreement as far as
traffic impact. Mr. Banche added no one had come forward and stated this was a bad project or did not
satisfy requirements.
He stated the time had passed for acquiring this land
since the only area that would be significant as a
park would be the duck feeding area. Mr. Banche
stated the Master Plan had been approved for this
entire area and the City had an obligation to the land
owner.
Since no one else wished to speak on this item, the
Public Hearing was closed at 9:40 p.m.
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PUBLIC HEARINGS: (continued)
The first action for Council, according to City
Attorney Vincent Biondo, was to consider whether or not to approve the mitigated Negative Declaration. If
Council is not satisfied with that, based on the
evidence, and the adverse affect on the environment,
they should deny the approval of the mitigated
Negative Declaration and direct staff to prepare an
EIR.
Council Member Lewis made a motion to deny the
mitigated Negative Declaration and direct staff to
prepare a full EIR on this parcel. Council Member
Kulchin seconded the motion.
Council discussion followed regarding responsibility
for paying for the EIR.
Council Member Pettine was not convinced all issues had been fully mitigated, such as open space, density,
siltation, the lagoon, traffic impact, soils and
geology reports. Staff indicated the EIR would be
done by the City and the City would hire people to
conduct the EIR. This would be paid for by the
developer, but only if there was a project. If the
developer does not want to pursue his project, there
would be no EIR.
City Attorney Vincent Biondo stated Council would be
advised to initiate the request for the EIR and the
necessity for a review, if Council feels additional
review is required.
Council Member Lewis said he would include that in his
motion. If the developer pursued the project, he
would pay for the EIR. If the City wished to review
the Master Plan, and would need an EIR to consider
that Master Plan, it would be the City's
responsibility.
Council denied the mitigated Negative Declaration
issued by the Planning Director and directed staff
to conduct an EIR covering the remaining undeveloped
areas of the Master Plan.
Council Member Lewis made a motion to include a Master Plan review on the remaining 26% of the Hosp Grove
Plan. Council Member Pettine seconded the motion.
In answer to query, staff stated unless high priority
was placed on this request, it would be the end of the year before staff would be able review the Master
Plan. Also, it would only be a review of the land
use.
Council directed staff to conduct a review of the
Master Plan for the remaining 26% of Hosp Grove.
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PUBLIC HEARINGS: (continued)
Council directed staff to review the underlying
general plan and land use designations.
Council continued the tentative map and condominium permit for the Hosp Grove area, CT 85-23/CP 320,
until completion of the environmental review.
DEPARTMENTAL AND CITY MANAGER REPORTS:
15. AB 88551 - REQUEST TO ADDRESS COUNCIL.
Mayor Casler stated this item would be filed.
16. AB 118526 - Supplement #I - SITE DEVELOPMENT PLAN - SDP 84-8(A) - BREHM.
City Attorney Vincent Biondo stated this item was
continued at the Attorney's request for the status of
the previously-approved apartment project. The applicant indicated he had a right to build this
project. Mr. Biondo stated Mike Holzmiller and he
had discussed this, and the previous site development
plan had expired. This is a new project and within
the provisions of the Moratorium Ordinance, this
project cannot be finalized and permits cannot pulled
until after the end of the moratorium.
Bill Hoover, Brehm Communities, 2835 Camino del Rio
South, San Diego, presented a handout to Council
Members. He stated the City Attorney stated the
project had expired. The final map of last June
focused on the apartment site, and at no time were they informed there was a statute of limitations on
this. All discretionary approvals referred to this project as one project with the apartment project
listed as phase VI. He asked Council to consider this
as one project.
Council adopted the following Resolution:
RESOLUTION NO. 8426. APPROVING WITH CONDITIONS THE
SITE DEVELOPMENT PLAN 84-8(A) FOR A 100-UNIT APARTMENT
PR03ECT AT THE SOUTHWEST CORNER OF XANA WAY AND
CORINTIA STREET.
17. AB 118552 - AGRICULTURAL GRADING PERMIT - UKEGAWA
BROTHERS.
Clyde Wickham, Engineering Department, gave the staff report as contained in the Agenda Bill.
Peter MacKauf, General Manager, Ukegawa Brothers, 4218
Skyline Road, addressed Council stating the County
Department of Agriculture regulates through state
regulations the application of certain chemicals for
crop control. This requires 48 hours notification of the intent to spray, the kind of spray, and the
purpose for spraying. If any homeowners have
concerns, they can communicate with the Department of Agriculture.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council Member Chick left the dais at 10:26 p.m.
Mr. MacKauf stated he could not live with Condition
No. 1 of the Resolution, inasmuch as this plan was
farmed before and grazed. Condition No. 2: "City
Engineer" should be deleted and the "Department of
Agriculture" inserted. Condition No. 3: Mr. MacKauf
stated it was not appropriate for a survey to justify
what he was requesting to do on the property.
Condition No. 4: This has nothing to do with this request. The erosion control program for the site
will mitigate any erosion into the Encinitas Creek.
Condition No. 5: Mr. MacKauf stated this does not apply, inasmuch as mustard seed automatically reseeds
itself .
Mr. MacKauf summed up his report, stating he could not
live with any of the conditions except Condition No.
2, and it should be changed to be monitored by the
Department of Agriculture rather than City Engineer,
inasmuch as the State of California has jurisdiction.
Mr. Mackauf referred to a transparency showing the area, and stated they would restore and do any
preventive erosion control, since they have an erosion
control program.
Clyde Wickham stated the aerial map indicated the
erosion problem on the Rice property. City staff
wants the silt cleaned up which was due to the
previous agricultural activity. This clean up must be
done before there is a permit to work the land on this
parcel.
Bob Ladwig, Rick Engineering, representing Dr. Rice, submitted a letter to Council today with some of the
issues that have already been addressed. He stated
certain measures have to be completed as a result of
the agricultural activity. A condition could be added
to the agricultural permit that would tie the work
remaining to be done on the Rice Property to this
property.
Clyde Wickham stated additional cleanup is necessary
on the Rice property, desiltation and siltation
control on Rancho Santa Fe Road. Staff would like
assurance the work would be completed. The applicant would be responsible for both areas.
Mr. MacKauf stated he had agreed with the Engineering
Department to conduct restorative measures on and off
the Rice site. He stated this had been attempted
several times, but because of the rain, it has not
been possible. It will be done again and done in a
more permanent manner.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Mr. MacKauf assured staff he was willing to correct
the problems with the Rice property and submit a
preventative program.
Council adopted the followinu Resolution:
RESOLUTION NO. 8442, APPROVING AGRICULTURAL GRADING
(PE 2.86.15) PERMIT, SUBJECT TO CONDITIONS.
Council Member Chick returned to the dais at 10:48
p.m. He did not vote on Item No. 17.
(81) 18. AB /I8119 - Supplement #I9 - CARLSBAD SAFETY AND
SERVICE CENTER PROJECT REVIEW AND BUDGET UPDATE.
This item was continued to March 25, 1986.
(28) 19. AB #I8553 - CREATION OF CITIZENS COMMITTEE TO
STUDY AND ASSESS IMPACTS OF GROWTH.
This item was continued to March 25, 1986.
(28) 20. AB f8554 - CARLSBAD ARTS COMMISSION
APPOINTMENTS.
This item was continued to March 25, 1986.
(113) 21. AB 88555 - HALF STREET IMPROVEMENT FOR CARLSBAD
GATEWAY - SDP 84-5.
Ken Lounsbery, 1570 Linda Vista Drive, San Marcos,
representing Carlsbad Gateway, suggested Council
include a request for order of immediate possession.
Erich Grosse, 5850 Avenida Encinas, stated there was
no objection to the condemnation or immediate
possession.
Council directed staff to return with an agreement
with the developer for Eminent Domain proceedings to
acquire the Delorm and Wrisley properties, including
the request for immediate possession.
(37) 22. MEMORANDUM FROM COUNCIL MEMEER CHICK.
Council filed this item.
(37) Student Govenment Day
Mayor Casler stated there was some concern about
Student Government Day being too long a day and
Council Members too busy at the present time.
Council canceled Student Government Day for 1986.
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ADJOURNMENT:
By proper motion the Meeting of March 18, 1986, was
adjourned at 11:07 p.m.
Respectfully submitted,
ALETHA wk- L. RAUTENKRANZ +
City Clerk
Harriett Babbitt
Minutes Clerk
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