HomeMy WebLinkAbout1986-10-28; City Council; Minutes0 MINUTES *
Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: October 28, 1986
Place of Meeting: City Council Chambers
CALL TO ORDER:
Mayor Casler called the Meeting to order at 6:Ol p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present - Council Members Casler, Lewis, Kulchin,
Chick and Pettine.
Absent - None.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held September 23,
1986, were approved as amended.
PRESENTATIONS:
Mayor Casler read a Proclamation declaring October 27
thru November 3 "Red Ribbon Week", and presented same
to Police Chief Vincent 3imno.
Mayor Casler presented a plaque to former Assistant
City Attorney Dan Hentschke, noting his service to the
City from 1979 to 1986.
CONSENT CALENDAR:
Council affirmed the action of the Consent Calendar,
as follows:
Council Member Pettine stated he would abstain on Item
No. 9.
WAIVER OF ORDINANCE TEXT READING: -~ ~ ~~~~~~ ~ ~ ~
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
(74) 1. AB !I8787 - REVISING CLASSIFICATION FOR MANAGEMENT
ASSISTANT, MANAGEMENT ANALYST, AND SENIOR
MANAGEMENT ANALYST.
Council adopted RESOLUTION NO. 8851, revising the
classification of Manaqement Assistant, Manaqement
Analyst, and Senior Management Analyst. -
(70) 2. AB !I8788 - CARLSBAD BOULEVARD SEAWALL STATE LANDS
(73) COMMISSION PERMIT.
(45) Council adopted RESOLUTION NO. 8852, accepting a
State Lands Commission Permit for Contract No.
3185 for construction of Carlsbad Boulevard Seawall.
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CONSENT CALENDAR:
(70) 3. AB 118200 - Supplement ##2 - AWARD OF CONTRACT -
(97) STREET IMPROVEMENTS TO HOLIDAY PARK/EUREKA PLACE.
(45) Council adopted RESOLUTION NO. 8853, accepting
bids and authorizing the execution of Contract No.
3140 for the construction of street improvements
to Holiday Park/Eureka Place.
(74) 4. AB 118789 - POLICE SALARY ADJUSTMENTS.
Council adopted RESOLUTION NO. 8854, adopting the
Police employees' salary plan of the City.
(74) 5. AB 118790 - AD3USTMENT TO POLICE MANAGEMENT SALARY
PLAN. -
Council adopted RESOLUTION NO. 8855, adopting an
adjustment to the management salary plan for the
positions of Police Chief, Police Captain and
Police Lieutenant.
(74) 6. AB 8879 1 - CARLSBAD CITY EMPLOYEES' ASSOCIATION
SALARY ADJUSTMENTS.
Council adopted RESOLUTION NO. 8856, adopting the
miscellaneous employees salary schedule.
(74) 7. AB 118792 - AD3USTMENT TO THE MANAGEMENT SALARY
PLAN.
Council adopted RESOLUTION NO. 8857, adopting an
adjustment to the management salary plan for the
miscellaneous management employees.
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(74) 8. AB 118793 - COMPENSATION PLAN ADJUSTMENT FOR
COUNCIL APPOINTED OFFICIALS.
Council adopted RESOLUTION NO. 8858, adjusting the
compensation plan for Council appointed officials
for' the 1986-87 fiscal year. ..
(99) 9. AB 118022 - Supplement 1#3 - FINAL MAPS - CT 84-35,
UNITS 2 AND 3 - FALCON HILLS.
Council approved the final maps of Carlsbad Tract
No. 84-35, Units 2 and 3.
ORDINANCES FOR INTRODUCTION:
(57) IO. AB 118784 - Supplement 111 - GPA/LU 86-10 AND 86-
(113) 11, ZC-348 AND 350, MP-I(C), CT 85-23(A)/CP-
320(A). AND SDP 86-10 - ODMARK/COLLINS - CITY OF
(99) CARLSBAD ( HOSP GROVE ) .
Council adopted the following Resolutions and
Introduced the following Ordinances: (one motion)
RESOLUTION NO. 8848, AMENDING THE LAND USE ELEMENT OF
THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATIONS
OF TWO AREAS OF THE CITY'S GENERAL PLAN. GPA/LU 86-10
(ODMARK/COLLINS) AND GPA/LU 86-11 (CITY).
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ORDINANCES FOR INTRODUCTION: (continued)
RESOLUTION NO. 8849, APPROVING WITH CONDITIONS A SITE
COMMERCIAL CENTER GENERALLY LOCATED ON THE WEST AND
EAST SIDES OF MONROE STREET SOUTH OF MARRON ROAD ON
PARCEL E OF THE HOSP GROVE MASTER PLAN.
RESOLUTION NO. 8850, APPROVING A 104 UNIT TENTATIVE
ON PROPERTY GENERALLY LOCA.rED ON THE NORTHWEST SIDE OF
HOSP WAY, BETWEEN HOSP WAY AND MARRON ROAD ON PARCEL D
OF THE HOSP GROVE MASTER PLAN.
ORDINANCE NO. 9813, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A
DEVELOPMENT PLAN SDP 86-10 TO ALLOW CONSTRUCTION OF A
TRACT MAP CT 85-23(A) AND CONDOMINIUM PERMIT CP-320(A)
CHANGE OF ZONE (ZC-348) FROM PC (PLANNED COMMUNITY) TO
0-Q (OFFICE 3.5 AC.) AND C-2-Q (COMMERCIAL 7.3 AC.)
AND OS (OPEN SAPCE 14.7 AC.) GENERALLY LOCATED ON THE
WEST AND EAST SIDES OF MONROE STREET, SOUTH OF MARRON
ROAD ON PARCEL E OF THE HOSP GROVE MASTER PLAN.
ORDINANCE NO. 9814, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A
FAMILY) TO OS (OPEN SPACE) GENERALLY LOCATED SOUTH 01
THE INTERSECTION OF JEFFERSON STREET AND MARRON ROAD
ON PARCEL F OF THE HOSP GROVE MASTER PLAN.
ORDINANCE NO. 9815, AMENDING ORDINANCE NO. 9694
GENERALLY LOCATED SOUTH OF JEFFERSON STREET AND MARRON
ROAD ON BOTH SIDES OF MONROE STREET.
CHANGE OF ZONE (ZC-350) FROM R-1 (RESIDENTIAL SINGLE
(MASTER PLAN E?P-I(A)) OF THE HOSP GROVE ON PROPERTY
PUBLIC HEARINGS:
(43) 11. AB #8794 - APPEAL OF PLANNING COMMISSION DENIAL
OF THE CONDITIONAL USE PERMIT - CUP-296 - BOYS
AND GIRLS CLUB.
Charles Grimm, Assistant Planning Director, gave the
staff report as contained in the Agenda Bill.
Mayor Casler opened the public hearing at 6:22 p.m.,
and issued the invitation to speak.
Bill Saylor, 4411 Springtime Drive, Oceanside, Acting
Director of the Boys and Girls Club of Carlsbad, spoke
in favor of this request for a Conditional Use Permit
for a Boys and Girls Club facility at 6450 El Camino
Real. He stated the La Costa Land Company donated the
site for the facility, and he related the needs of the
children in the area for that facility. Mr. Saylor
explained the facility would be fenced and the
children would not be allowed to come to the facility
by bicycle or by foot, but only by parents or some
other means of transportation brinaing them to the
facility. He explained the close supervision of the
children at all times and assured Council that the
children would not be crossing El Camino Real, or be
in that vicinity on foot or bike traffic.
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PUBLIC HEARINGS: (continued)
3oe Sandy, 2892 3efferson Street, addressed Council in
favor of this request. He stated the safety of the
children has been a prime concern, and mitigation
measures have been taken to insure that safety. Mr.
Sandy said a condition that the double yellow line or
median be extended beyond the property would eliminate
the possibility of U-turns or left turns into the
facility. He further stated the acceleration and
deceleration lanes would provide for sight distance.
Dave 3uarez, 4120 Park Drive, addressed Council
referring to a letter he had written to Council, and
stated there are other developments where traffic
problems have been created and those problems have
been mitigated. He felt this project should have a
chance to mitigate any problem caused by the traffic
into this facility. He urged Council to vote in favor of the appeal.
3ustin Petruccelli, 7823 Quebrada Circle, a member of
the Boys and Girls Club spoke in favor of the CUP.
Frank Mola, La Costa Land Company, stated his company
initiated the move for the Boys and Girls Club and
donated the land, and he urged approval.
Ken Carter, 810 Magnolia, addressed Council in favor
of the CUP.
Since no one else wished to speak on this item, the
public hearing was closed at 6:46 p.m.
Council Member Pettine suggested this CUP be reviewed
in six months.
Council indicated their intention to grant the appeal Casler
and returned CUP-296, Boys and Girls Club Facility, Lewis
to staff to prepare documents with appropriate Kulchin
findings and conditions, and to return the documents Chick
for Council action on November 18, 1986. Pettine x
(57) 12. AB !I8795 - GENERAL PLAN AMENDMENT AND ZONE CHANGE
(113) - GPA/LU 86-5/ZC-346 - CITY OF CARLSBAD.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill.
Mayor Casler opened the public hearing at 7:'lO p.m.,
and issued the invitation to speak. Since no one
wished to speak on this item, the public hearing was
closed.
Council approved the Negative Declaration and directed Casler
the City Attorney's office to prepare documents Lewis
approving GPAILU 86-5 and introduced the following Kulchin X
Ordinance: Chick
ORDINANCE NO. 9816, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING THE ZONING MAP FROM RESIDENTIAL DENSITY MULTIPLE WITH A Q OVERLAY TO SINGLE
FAMILY RESIDENTIAL WITH A 10,000 SQUARE FOOT MINIMUM
CORNER OF EL CAMINO REAL AND CHESTNUT AVENUE.
Pett ine
Lo~r SIZE ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST
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October 28, 1986 Page 5
PUBLIC HEARINGS: (continued)
(57) 13. AB W8796 - GENERAL PLAN AMENDMENT, ZONE CHANGE
(113) AND ZONE CODE AMENDMENT - TRANSPORTATION CORRIDOR
(114) DESIGNATION - GPA/LU 86-7/ZC-349/ZCA-197 - CITY OF CARLSBAD.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill.
Mayor Casler opened the public hearing at 7:05 p.m.,
and issued the invitation to speak. Since no one
wished to speak on this item, the public hearing was
closed.
Council approved the Neaative Declaration and directed
the City Attorney’s office to prepare documents
approving GPA/LU 86-7 and introduced the following
Ordinances: (one motion)
ORDINANCE NO. 9817, AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING THE ZONING MAP FROM NO
DESIGNATION TO TRANSPORTATION CORRIDOR ON THE AT&SF
RAILROAD AND INTERSTATE 5 RIGHT-OF-WAYS.
ORDINANCE NO. 9818, AMENDING TITLE 21, OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.100
ESTABLISHING THE TRANSPORTATION CORRIDOR (TC) ZONE.
(20) 14. AB /I8797 - CONDEMNATION OF PROPERTY IN THE CITY
OF CARLSBAD.
City Attorney Vincent Biondo introduced the matter and
Mike Holzmiller continued briefing Council on the
access requirement placed upon the Gateway Center
Project.
Roscoe Kaegy , of Asaro and Kaegy , Attorneys at law,
San Diego, continued the staff report, stating his
firm was engaged as special Counsel to represent the
City of Carlsbad. This is for the acquisition of the
property for the construction of Palmer Way and the
Barbour connection, as required by the conditions of
approval for the Carlsbad Gateway Center. Mr. Kaegy
had distributed a packet of material and referred to
this material in his report. He stated all
requirements that are a prerequiste to the adoption of
a Condemnation Resolution have been met.
Mayor Casler opened the public hearing at 7:15 p.m.,
and issued the invitation to speak.
Ken Lounsbery, 1570 Linda Vista Drive, San Marcos,
representing Gateway Developers, expressed agreement
with the analysis.
Fred Walters, 2820 Camino del Rio South, San Diego, in
answer to query, stated the cost of the improvement of
the road would be approximately $600,000. This does
not include the engineering expenses and the
redesigning of the road. Also, the acquisition of the
right-of-way could be an additional cost.
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PUBLIC HEARINGS: (continued)
Since no one else wished to speak on this item, the
public hearing was closed at 7:17 p.m.
Council adopted the following Resolution:
RESOLUTION NO. 8859, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE
CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING
THE PUBLIC NECESSITY THEREFOR.
(113) 15. AB 118798 - SPECIFIC PLAN - SP-200 - CARLSBAD
AIRPORT BUSINESS CENTER.
Charles Grimm, Assistant Planning Director, gave the
staff report as contained in the Agenda Bill.
Dave Hauser, Assistant City Engineer, stated inasmuch
as there was foot traffic in this area, it was
desirable to have sidewalks on both sides of the
street.
Mr. Grimm stated the extra conditions included in the
Agenda Bill are recommended by staff, and staff also
proposed the 35-foot height limit be observed.
Mayor Casler opened the public hearing at 7:29 p.m.,
and issued the invitation to speak.
3im Van de Water, General Manager, Kaiser Development
Company, 4121 Palomar Airport Road, together with Bob
Ladwig, Rick Engineering, gave the history of the
project.
Mr. Van de Water asked Council to approve the specific
plan, but objected to Conditions 11, 12 and 14. He
stated they were willing to seed the pad areas, but
requested the condition be changed to allow any
seeding acceptable to City staff. As far as sidewalks
on both sides, they were willing to install sidewalks
on the westerly half of the property, which Kaiser
controls. They are asking that they be allowed to
proceed with their project.
Since no one else wished to speak on this item, the
public hearing was closed at 7:41 p.m.
Council introduced the following Ordinance:
ORDINANCE NO. 9819, APPROVING SPECIFIC PLAN SP-200 FOR
THE CARLSBAD AIRPORT BUSINESS CENTER ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT
ROAD, A HALF MILE EAST OF EL CAMINO REAL, amended to
include the additional conditions recommended by staff
concerning Growth Management and the 35 foot height
limitation; and amended conditions as requested by
Kaiser.
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RECESS:
Mayor Casler declared a recess at 7:45 p.m., and
Council reconvened at 7:56 p.m., with all Members
present.
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment
Commission at 7:57 p.m., and reconvened at 8:52 p.m.,
with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(26) 16. AB 88799 - CONSULTANT AGREEMENT FOR DESIGN OF
(45) PALOMAR AIRPORT ROAD EAST OF EL CAMINO REAL.
Council adopted the following Resolution:
RESOLUTION NO. 8860, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND POUNTNEY AND ASSOCIATES,
INC., FOR THE DESIGN OF PALOMAR AIRPORT ROAD EAST OF
EL CAMINO REAL ALONG COUNTY OF SAN DIEGO FRONTAGE,
CONTRACT NO. 3243.
(96) 17. AB 118800 - STOP SIGNS ON LEVANTE AT NUEVA
CASTILLA WAY INTERSECTION.
Bob Johnson, Principal Civil Engineer, gave the staff
report as contained in the Agenda Bill.
Linda Smith, 2601 Levante Street, addressed Council
in favor of the stop sign at Nueva Castilla Way.
Council Member Chick left the dias at 9:OO p.m.
Council introduced the following Ordinance:
ORDINANCE NO. 3206, AMENDING TITLE IO, CHAPTER 10.28
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.28.390 REQUIRING STOPS ON LEVANTE STREET AT
NUEVA CASTILLA WAY.
(30) 18. AB W8801 - UNIFORM MECHANICAL AND PLUMBING CODES - 1985 EDITION.
Council introduced the following Ordinances and
directed staff to set them to public hearing at 6:OO
p.m. on Tuesday, November 11, 1986.
ORDINANCE NO. 8108, AMENDING TITLE 18, CHAPTER 18.08,
BY THE AMENDMENT OF SECTION 18.08.010 OF THE CARLSBAD
MUNICIPAL CODE TO ADOPT BY REFERENCE OF THE UNIFORM
MECHANICAL CODE (1985 EDITION).
ORDINANCE NO. 8109, AMENDING TITLE 18, CHAPTER 18.16,
BY THE AMENDMENT OF SECTION 18.16.010 OF THE CARLSBAD
MUNICIPAL CODE TO ADOPT BY REFERENCE THE UNIFORM
PLUMBING CODE (1985 EDITION).
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(113) 19. AB 118349 - Supplement #2 - BATIQUITOS LAGOON
(99) EDUCATION PARK. (CT 85-14/~p-175)
Marty Orenyak, Community Development Director, gave
the staff report as contained in the Agenda Bill,
stating staff could not make the finding that the
proposals submitted by Batiquitos Lagoon Education
Park for schools are consistent with the goals and
intent of the approved Master Plan. Mr. Orenyak read
from his memorandum dated October 28, 1986, to the
City Manager, giving specific quotes from the Master
Plan.
Charles Grimm, Assistant Planning Director, used wall
charts to indicate the Master Plan of Sammis
Properties. He reiterated the plan for all phases of
the development.
Jon Briggs, 2650 Camino del Rio North, San Diego,
representing Sammis Properties, addressed Council
stating the intent of the Master Plan indicated an
educational park as a primary use. They had believed
a law school would be in the complex, but negotiations
with the law schools had not been satisfactory. They
asked for a change of language in Condition No. 17 to
read "educational institution".
Don Sammis, 2650 Camino del Rio North, San Diego,
representing Sammis Properties, said if they were
given the tools, they could finish the job.
Dr. Glen Dumke, 2650 Camino del Rio North, San Diego,
representing the Foundation for the 21st Century,
addressed Council. He stated five institutions have
indicated they would like to open their doors in the
fall of 1987.
G.T. Smith, President of Chapcan College, Orange,
California, stated he was present to respond to
questions. He gave the history of Chapman College and
told of their program. He stated they needed a
building in this complex by 3anuary 1, 1987.
Dick Welsh, 2252 Main Street, Chula Vista,
representing New School of Architecture, stated this
college was six years old and is the only architecture
college south of Los Angeles.
Hiram Hoskin, 7307 San Luis, representing the Lake
Shore Gardens Mobile Home Park, spoke in favor of
allowing Sammis to proceed.
Cindy Ward, 937 Begonia Court, representing South
Carlsbad Citizens Committee, expressed concern with
the intense density of this project. She stated she
would like some written contracts with regard to the
various schools.
Dale Schreiber, 1457 Crest Drive, Encinitas, stated he
would favor the project if there were documents to
guarantee an educational facility.
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DEPARTMENTAL AND CITY MANGER REPORTS: (continued)
Constance Stockman, 7123 Linden Terrace, addressed
Council stating her interest in this project was a
retired educator. She stated she lives where she
looks over this area, and has wondered what would
happen if the school did not remain successful.
In answer to Council Member Pettine's query regarding leases, Mr. Briggs stated they were continuing to work
with the people presented tonight.
Council Member Lewis stated he would be willing to
accept the finding if Sammis Properties could come up
with more concrete agreements. He felt the zone plan
should be approved by the City Council before the
project goes forward.
Council Member Chick stated all his previous actions were based on the fact of a law school in the
facility; therefore, he could not support going ahead
with the project at this time.
Council Member Pettine stated if they were willing to
bring forward contractual agreements, he would support
the project.
Mayor Casler stated she felt Sammis had said they were
looking for graduate schools, and that is being
offered .
Council determined that the Sammis Project could
proceed pending evidence satisfactory to the City
Council of signed contractual agreements with a
reasonable number of educational institutions, before
building permits can be pulled.
(78) 20. REPORT ON POLICE ENFORCEMENT.
Police Chief Vincent 3imno gave the staff report as
contained in the Agenda Bill.
Gloria Carranza, 2896 Brentwood Court, addressed
Council stating she requested no action be taken on
seven of the eight recommendations until there was
additional input from representatives of the entire
community.
Dennis Meehan, 3901 Gloria Lane, stated he believed
the task force was necessary, inasmuch as the citizens
are concerned about the immigration problems, not just
Kelly School. Mr. Meehan stated he felt all issues
needed to be addressed and to work together to solve
the problem.
Roy Sanchez, 3482 Roosevelt, addressed the Council,
stating in Recommendations No. 3 and No. 8, the
overseers should be bilingual.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Ron Lovick, 3545 Simsbury Court, was recognized by
Council and stated the people are concerned about the
human beings. He stated people become frustrated and
law enforcement becomes a problem. He felt something
should be done today and the police should be given
the tools to enforce the laws of California.
Council continued this item and asked it be returned
to the subcommittee to review the recommendations
and return with alternatives. Mrs. Carranza is to be
included with the Committee at that meeting.
Police Chief 3imno announced the meeting would be held
October 30, 1986, at 3:OO p.m., in the Police Chief's
off ice.
(91) 21. REPORT FROM SCHOOL COMMITTEE.
3im McCormick, 2404 Sondra Court, representing the
Carlsbad School District, reported to Council the
recommendation from the School District on the senior
facility. Instead of money being exchanged upfront,
an agreement would be entered into to lease the land to the City and the lease payment would be equal to
the lease payment the school would make to the City
for the building for the School District. This
agreement would be for five years and no money would
change hands during that time. Yhen the School District vacated the offices, there would be an agreed
upon price, and the City would purchase the land from
the School District. Mr. McCormick stated the school
needs new district offices and they would like to get
staff together and have the legal documents drawn up
for the lease of the land, an agreed-upon price and
proceed.
ADDITIONAL BUSINESS:
(41) Mayor Casler stated the City of San Clemente had been
sued for $250,000,000 because of their slow-growth
program. She asked the approval of Council, in the
event that the City of Carlsbad is sued after Council
Member Chick and Mayor Casler had left the Council,
that the City would cover those two.
Council approved the request of Mayor Casler and
Council Nember Chick to provide coverage for these two
Members in the event developers sue the City of
Carlsbad over the Growth Management Plan after those two Members are no longer on the Council.
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ADJOURNMENT :
By proper motion the Meeting of October 28, 1986, was
adjourned at 11:14 p.m.
Respectfully submitted,
wdk-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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