The URL can be used to link to this page

Home My WebLink About1992-04-14; City Council; Minutes (2)0 0 MImES OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 14, 1992 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:03 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Mayor Pro Tem Kulchin and Mayor Lewis. Absent : None. PRESENTATION: Mayor Lewis presented a Proclamation to Rabbi Eilfort, of the Chabad at La Costa, for EDUCATION DAY, U.S.A., 1992. CONSENT CALENDAR: ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, as follows: - AYES : Lewis, Kulchin, Larson, Stanton and Nygaard WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #11,634 - PAYMENT TO STATE OF CALIFORNIA FOR ADMINISTRATIVE SERVICES FOR AGUA HEDIONDA LAGOON BRIDGE - PROJECT NO. 3098. Council adopted RESOLUTION NO. 92-101, appropriating funds in-the amount of $36,970 from the General Fund for payment of State Department of Transportation project expenditures for the Agua Hedionda Bridge Project . 2. AB #11,635 - CONSULTANT AGREEMENT FOR BUENA VISTA CREEK CHANNgL REPAIRS - PROJECT NO. 3385. Council adopted RESOLUTION NO. 92-102, approving an agreement with Woodward-Clyde Consultants for the provision of analysis and design services for repair to the Buena Vista Channel. 3. AB #11,636. - APPROVAL OF FINAL MAP - CT 90-7 - ST. TROPEZ WEST. Council adopted RESOLUTION NO. 92-103, approving the final map for CT 90-7. 4. AB #11,637 - GRANT OF ELECTRICAL DISTRIBUTION EASEMENT AND RIGHT-OF-WAY FOR LA POSADA GUADALUPE DE CARLSBAD. Council adopted RESOLUTION NO. 92-104, granting an electrical distribution easement and right-of-way to SDG&E for the installation of electrical conduit to serve La Posada Guadalupe de Carlsbad, at 2469 Impala Drive. 85- 0 0 April 14, 1992 Page 2 CONSENT CALENDAR: (continued) 5. AB 611,638 - ACCEPTANCE OF GRANT FROM THE CALIFORNIA LIBRARY SERVICES ACT LITERACY FUNDS FOR 1991-1992. Council adopted RESOLUTION NO. 92-105, accepting a grant in the amount of $14,250 from the California State Library under the California Library Services Act, to enhance the library's existing literacy services. PUBLIC COMMENT: Jim Watson, 3283 Lincoln Street, requested information on maintenance costs for the Split Pavilion. He reiterated his position that the goal of the petition signers is to have the bars removed and not to cause any damage to the park or to interrupt any City meetings. He submitted a petition with an additional 1,000 names, bringing the total to 7,500. ORDINANCE FOR ADOPTION: 6. AB #11,646 - EIR 91-2/GPA 91-3/LCPA 91-1/ZC 91-6/CT 91-3/HDP 91/3/SUP 3 91-2 - EVANS POINT. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-109, certifying an Environmental Impact Report (EIR 91-2) and approving a General Plan Amendment (GPA 91-3), Local Coastal Plan Amendment (LCPA 91-l), Zone Change (ZC 91-6), Tentative Tract Map (CT 91-3), Hillside Development Permit (HDP 91-3) and Special Use Permit (SUP 91-2), and for a 205 lot/199 single family dwelling unit subdivision on approximately 59.4 acres on property generally located southwesterly of El Camino Real between the future extension of Cannon Road and existing Camino Hills Drive. AYES : Lewis, Kulchin, Larson and Nygaard ABSTAIN: Stanton ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-195, amending Title 21 of the Carlsbad Municipal Code by an amendment to the zoning map to grant a Zone Change, ZC 91-6 from LC to R-1 and OS on property generally located on the southwesterly side of El Camino Real between the future extension of Cannon Road and existing Camino Hills Drive. AYES : Lewis, Kulchin, Larson and Nygaard ABSTAIN: Stanton PUBLIC HEARINGS: .4 7. AB #11,639 - AMENDMENT TO TITLE 21 OF CARLSBAD MUNICIPAL CODE RE PLANNING DIRECTOR INITIATED AMENDMENTS - ZCA 91-7. Mayor Lewis opened the duly noticed Public Hearing at 6:20 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. 8Y e a 1 April 14, 1992 Page 3 PUBLIC HEARINGS: (Continued) ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-106, approving a Negative Declaration for a Zone Code Amendment to amend Title 21 of the Carlsbad Municipal Code, Chapter 21.52 amendments, to allow City staff to initiate amendments to Title 21 without the requirement of a Resolution of Intention from the Planning Commission or City Council; and introduced ORDINANCE NO. 15-196, amending Title 21 of the Carlsbad Municipal Code Chapter 21.52 by the addition of Section 21.52.020(4) to allow City staff to initiate amendments to Title 21 without the requirement of a Resolution of Intention from the Planning Commission or City Counc i 1. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 15 8. AB #11,640 - ACCEPTANCE OF PUBLIC COMMENTS REGARDING DRAFT COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS). Mayor Lewis opened the duly noticed Public Hearing at 6:31 p.m. , and issued the invitation to speak. Jim Watson, 3283 Lincoln Street, urged Council to write a letter of protest to the Federal Government for requiring the provision of housing for people who are here illegally. He inquired about the kind of units in each quadrant, and said that the Northwest Quadrant is overloaded with affordable housing units. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 6:33 p.m. ACTION: On motion by Mayor Pro Tem Kulchin, Council set the final public hearing for adoption of CHAS for May 5, 1992. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 6:37 p.m., and re- convened at 6:38 p.m., with all Members present. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 6:38 p.m., and re-convened at 6:39 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 7 9. AB #11,641 - SUMMARY REPORT ON THE PUBLIC REVIEW PROGRAM OF THE GENERAL, PLAN UPDATE. Council stated they wanted people to have the opportunity to provide additional input at the four Community Forums. It was also noted that the public should have the opportunity to review the information prior to the forums. 83 .. e 0 April 14, 1992 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mayor Lewis referenced the letter dated April 14, 1992, from PROJECT FUTURE requesting public input be allowed at the town hall meeting and community forums. ACTION: On motion by Mayor Pro Tem Kulchin, Council accepted the Summary Report on the Public Review Program of the General Plan Update and authorized staff to conduct four Community Forums, and to return with a report on a proposed format and timetable for the meetings. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard RECESS : Mayor Lewis declared a Recess at 7:38 p.m., and Council re-convened at 7:50 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 15 10. AB #11.642 - MEMORANDUM OF UNDERSTANDING TO CREATE A NORTH COUNTY REGIONAL TRAIL COMMITTEE. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-107, approving and authorizing the City of Carlsbad as a signatory agency to the Memorandum of Understanding for.inter-agency trail coordination. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 7 11. AB #11,647 - AMENDMENT TO CARLSBAD MUNICIPAL CODE TO AUTHORIZE THE COMMUNITY DEVELOPMENT DIRECTOR TO ISSUE CITATIONS. ACTION: On motion by Mayor Pro Tem Kulchin, Council introduced ORDINANCE NO. NS-197, authorizing the Community.Deve1opment Director to exercise the powers of arrest pursuant to Penal Code Section 836.5. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 7 12. AB #11,643 - GROWTH MANAGEMENT PROGRAM YEAR-END MONITORING REPORT - 1991. ACTION: By consensus, Council accepted the Monitoring Report and referred the Citizens Committee to Study Growth recommendation regarding the maximum residential buildout number for the City to staff. IO 13. AB #11,644 - APPEAL OF TRANSIENT OCCUPANCY TAX,LATE PENALTY - CARLSBAD/LA COSTA TRAVELODGE. ACTION: On motion by Council Member Larson, Council denied the Carlsbad/La Costa Travelodge appeal of a 10 percent penalty on Transient Occupancy Tax for January, 1992. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard RECESS : Mayor Lewis declared a Recess at 8:32 p.m., and Council re-convened at 8:33 p.m., with all Members present. 8n e 0 April 14, 1992 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: . (Continued) ! 14. AB #11,645 - PERSONNEL BOARD RECOMMENDATION REGARDING SECOND TERMINATION OF W. THOMAS COLEMAN. Acting City Attorney Ron Ball stated that the procedure to follow tonight would be to receive the recommendation and report of the Personnel Board, based on arguments and evidence received at the hearing of this matter on Tuesday, March 17, 1992. This is not a new hearing, but a review of the written record and recommendations of the Personnel Board. Mr. Ball said that Mr. Gill, Attorney for Mr. Coleman, has submitted some additional documents to the City Clerk and has requested to address those documents. However, the additional documents submitted to the City Clerk are not properly before the City Council in consideration of this item. If any evidence was improperly excluded before the Personnel Board, that could be decided by the Courts. Thomas Gill, Attorney for Mr. Coleman, Appellant, stated Mr. Coleman has been through two Personnel Board hearings; after the first one, the City Council re-instated Mr. Coleman in November of 1991. Within days he was terminated again. Mr. Gill stated the Appellant felt there was a wrongful exclusion of some of the documents before the Personnel Board, and that is the additional evidence he would like to present. Steve Filarsky, Attorney representing the City, stated he was not aware of any exhibits or witnesses that could not have been included in the hearing before the Personnel Board. He concurred with the comments of the City Attorney that the determination tonight should be made solely on the record of the Personnel Board hearing. Any new evidence should be specific and the letter dated April 9, 1992, contained no new evidence. He said that the results of an Unemployment Appeal should be excluded from this hearing. Mr. Gill stated there was new evidence, as at the hearing after the second termination, Human Resources Director Ann Jensen testified Mr. Coleman had no sick leave and no vacation time accrued. He had been off work a number of months, and when he was re-instated, sick leave and vacation time did accrue. Mr. Filarsky stated that after the first termination, Mr. Coleman was entitled to monetary payoff of the accrued sick leave and vacation time. In the adoption of the Personnel Board's findings for termination number one, the City calculated the amount of sick leave, as well as vacation time. The City was to be notified if there was a discrepancy in the amount of money owed Mr. Coleman, and there was no such notice. Ms. Jensen testified that she was not aware of any dispute in the payoff. Now, Mr. Gill wishes to submit this new evidence, and there is in fact, no new evidence. ACTION: By consensus, the Council determined there was no new evidence, and they would only consider the documents in administrative records one and two. Mr. Gill stated that Mr. Coleman suffered harassment on the job. He stated that both of Mr. Coleman's terminations were a result of doctors advising him not to return to work until the hypertension problem is gone. He said Mr. Coleman wants his job back and back pay and benefits restored and assurances that the harassment will stop. 81 0 a April 14, 1992 Page 6 DEPARTMENTAL AND CIm MZWAGER REPORTS: (Continued) Mr. Filarsky stated that the termination charge is the same; either Mr. Coleman was fit to return to work and refused, or he has a physical inability to perform normal job duties. He referenced the administrative records and the findings of the Personnel Board. ACTION: On motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 92-108, accepting the recommendation of the Personnel Board regarding the termination of a City employee. AYES : Lewis, Kulchin, Larson, Stanton and Nygaard 8 15. AB #11,526 - APPOINTMENT TO CABLE TELEVISION FOUNDATION BOARD. This item was continued. COUNCIL REPORTS: None. ADJOURNMENT: BY proper motion, the Regular Meeting of April 14, 1992, was adjourned at 9:07 p.m. Respectfully submitted, l2-&?2&8Q- ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk 80