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Home My WebLink About1977-09-13; City Council; MinutesIT OF c -.& q WdPdNCfLk4Eb Meeting of: CITY COUNCIL (Adjourned Regular Meeting) Time of Meeting: 6:OO P.M. ROLL CALL : Councilman Skotnicki requested that the followin summation be inserted as paragraph four on page 7 of the August 16, 1977, minutes: "During Council dis.cussion, Councilman Skotnicki urged the Council to improve the budget process. He suggested setting up policymaking procedurek and using the budget as a policy implementin-g tool, rather than the reverse, to avoid hasty decision on policy. He expressed dissatisfaction with th 1 ine item budget and"cited the County's success with a program budget. Finally, he questioned the fairness to past and present property tax- payers of accumulating excess property taxes for the funding of long-term capital improvements." Council concurred with the correction. to the man Skotnicki. 1991 1451 The City Engineer gave the staff report in which he outlined the request by Lake Calavera Hills Associates as well as the modifications suggest- ed by staff. Counci 1 recognized.Mr. Roy Ward, General Partner Lake Calavera Hills Associates, 3088 Pi0 Pic0 Drive, Suite 201, Carlsbad. Mr. Ward referred to his letter of proposal dated August 18, 1977, and outlined the benefits to be derived by the City,and by Lake Calavera Hills Associates. Mr. Ward introduced Mr. Dennis O'Leary, Lowry and Associates, 7189 Navajo Road, Suite A, San Diego, the suggested consultant for the proposed project. Mr. O'Leary further described the pro- p'osed study and the areas to be studied. Council questioned and was reassured that the study would reflect the.most suitable location for a Wastewater Reclamation Plant, and would not be biased towa-rd .Lake Calavera Hills. Council discussed at length condition 4 in Mr. Ward's letter dated August 18, 1977, re the EIR for Lake Calavera. Hills, and the City making applicati.on for a water discharge permit to the Regional Water Quality Control Board. Council also questioned and was assured that acceptance of thi's offer in no way committed them to approve the Lake Calavera Hills project. Council accepted the offer of Yr. Roy !Jard, as Motior ., I I I ~ I stated in his letter of August 18, 1977, with Ayes i the exceptions as outlined in Staff Memorand'um I gotiate the agreement with Hr. ldard and reiturn I I of August 30, 1977; and authorized staff to ne- it to Council for ratification. I I .. f TV F -2- [g3] 22A. FIRST PHASE SEWER ALLOCATION SYSTEM. The Planning Director gave the staff report in which he outlined the proposed First Phase Sewer Allocation System. He referred to a wall map showing the. infill area, and three wall maps showi.ng distance to transit facilities, distance to schools and parks,and fire response time' to be used in the event a tie-breaker is needed. Mayor Frazee declared the public hearing open and asked if anyone 'wished to speak on the matter. Mr. John Newell, 8150 Beverly Boulevard, Los Angeles, California, addressed Council. Flr. Newel1 displayed a small map to Council which indicated the location of his property. He' referenced the portion of his property in the infill area, and a small portion not included in the infill area. He expressed the feeling that the small portion should also be included in the infill area in that it is bounded by two paved roads and was within the original City boundary. Mr. W. Allan Kelly, 4912 Via Arequipa, Carlsbad, addressed Council. He distributed to Council a typewritten copy of his oral presentation. He requested that the portion of his property within the City boundary be included in the infill area map. Mr. Barton Lefferdink, 4576-B Cove Drive, Carlsbad, addressed Council. Mr. Lefferdink questioned his current status in that he previously had a building p.ermit which expired and could not be renewed due to.the moratorium. Mr. Richard Stark of Richard Stark Associates, 435 Zuni Drive, Del Mar, requested clarification o-n the portion of the proposed System that re- quired all discretionary approvals. Nr. Clayton Parker, 610- Newport Cente.r Drive, Suite 1220, Newport Beach, addressed Council representing Kaiser/Aetna. Mr. Parker expressec the opinion that the City was vidlating the California Environmental Quality Act in this proposed system. Mr. Chuck Hal.e, 3870 Highland Drive, Carlsbad, addressed Council. -Mr. Hale suggested a categor be added to the point system that would give more considerati on to owner/bui 1 ders bui 1 ding a single 'family dwelling for themselves. Mr. Percy Cloud, 5201 Shore Drive, Carlsbad, addressed Council. Mr.. C.loud indicated he had necessary approvals to apply for sewer, but questioned when he could apply. 1 i i i WNCk&fEb 1 / I. CiT F ! -3- September 13, 1977 - Mr. John Bartman, 450 N. Roxbury Drive, Suite 606, Beverly,Hills, representing the Grove, addressed Council. He referenced. t;he'. land u6e distribution portion of the proposed System and stated there Mould be no way for a builder to build a substantial number of units. H'e further questioned its relationship to the General Plan. Mr. Larry Hunt, 501 Chinquapin, Carlsbad, re- presenting Papagayo, addressed Council. He questioned whether it would be possible to apply for sewer and if an 'allotment were received, to hold the allotment and 'apply it to allotment that may be received in the future. Mr. Roy !$lard, Lake Calavera Hills Associates, 3088 Pi0 Pic0 Drive, Carlsbad, addressed Council Mr.. Ward requested consideration of those citizens who are among some of the original taxpayers of the City who are not in the infill area. He further expressed the feeling that an additional fee should not be charged. Mary Ann Haasl, 27967 Cabot Road, Laguna Niguel, addressed Council. Mrs. Haasl expressed her concern that the small percentage allotted to multiple-family dwellings did not reflect the - General Plan. Further, that the highest number of points would be required for the portion re- ceiving the Feast amount of allocation. Mr. Jim Bottomly of Solana Beach addressed Council representing Mr. Thomas Stevens. He requested and received cla.rification of the portion regarding discretionary approvals. He further expressed the feeling that there should be some a1 lowances in the System for' delays - such as loss of financing. Since no one else wished to be heard, Mayor Frazee closed the public hearing at 8:15 P.M. .I Council and staff responded to questions posed by the public during the public hearing. Mayor Frazee stated a letter had been received San Diego, re the La Cuesta Subdfvision. , , from George Benton. of VTN, 4845 Ronson Court, Council discussed which areas should be include( in the infill area map. ~ Staff indicated the.System, if adopted, would I need to be re'turned to Council to set the time limit and to establish the fee to be charged Cnce additional capacity had been obtained by the City. Further, that the Resolution should, be amended to reflect that the requirements of I 1-k Fnviranmental flua1ifWArt h;lrl_hPPn mpt = WNCLtPt4EP I I -& 1 -%LP 11 . .- . .. ".. ~ .~ . -4- RECESS: Mayor Frazee called a recess at 8:40 I?. M., and. Council reconvened at 8:55 P.M. with all Council members present.- City Manager ' [70] 23. AGENDA BILL #3652 - Supplement #3 - HARDING STREET COMMUNI-TY CENTER AUDITORIUM RENOVATTON. The City Manager gave the staff report stating staff had determined there was no conflict be- tween this project and.the school's project for. buildi,ng an auditorium. He stated that though the Agenda Bill stated this project is contained F.ollowing brief Council discussion, the follow- ing Resolution was adopted: RESOLUTION NO. 5196, APPROVING THE APPLICATION FOR 1976 STATE GRANT MOPIIES FOR THE HARDING STREET COMMUNITY CENTER AUDITORIUM RENOVATION. Council indicated they did not desire to take $135,000 out of General Funds to fund the projec in the event the grant is denied. The City Manager introduced Mr. Roy Blackford, Mr. Blackford referred to renderings.of the project location, site plan, .Harding Street elevation and Community Center Office, and gave a brief explanation of each. He then responded to questions of Council regarding equipment' re- quired and amount of structure work required, as well as conformance. to codes of the City. T.he City Manager indicated Council would be furnished with a report contaCning est.imated construction costs. ORDINANCE AMENDMENTS. The City Attorney reported on recent legislation which would require minor changes to the Bingo Ordinance. 'He further listed the other groups and Organizations 'that could-be allowed to have bingo if Council desired .that change to the Ordinance. Council discussed possible enforcement problems and additional costs that could be incurred if numerous organizations would be allowed to hold bingo games. Council questioned the possibility of selecting certain groups rather than allowing all the groups listed. CITY OF CARLSE3AD CWNCILMEb - 5 - .. ~ ~~ ~_~" ~~ ~ ~ ~~ Council recognized Mr. Ralph Jones representing the American Legion, District 22, San Diego. Mr. Jones requested Council consideration in allowing the American Legion to hold bingo games. It was moved that the City Attorney be instructed to return wi.th the necessary ordinance to bring Municipal Code, Chapter 5.10 in accord with the new state law, and to include Mobile Home Park Associations and Senior Citizen Associations. B 'The motion received a second with a motion. to amend the motion to include Veterans organiza- tions. This motion also received a second. The motion to amend the original motion and the original motion failed for lack of a majority. It was the concensus of Council that the City Attorney be instructed to return with the necessa ordinance to bring Municipal Code, Chapter 5.10 in accord with the new state law, and not to i ncl ude additional organizations. I [28] 26. AGENDA BILL #5130 - Supplement #1 - REPORT ON VILLAGE AREA REDEVELOPMENT. I The Redevelopment Coordinator outlined his Memorandum to the City Manager dated August 29, 1977, and responded to questions by. Council. Council accepted the staff report and scheduled appointments to the Village Area Interim Advisorj 'Committee at the earliest possible meeting. I [93] 28. AGENDA BILL #5183 - REQUEST TO'AMEND SEWER MORATORIUM ORDINANCE - KAMAR CONSTRUCTION COMPAN'r In the absence of a representative of Kamar, Council continued the item to be rescheduled for a future meeting. [lo31 '29. AGENDA BILL #5097 - APPOINTMENT TO TRAFFIC SAFETY COMMISSION. The following resolution^ was adopted: . RESOLUTION NO. 5116, APPOINTING'A MEMBER TO THE CITY- OF CARLSBAD TRAFFIC SAFETY COMMISSION, and that member being George A. Merrill. [28] 30. AGENDA BILL #5155 - APPOINTMENT TO CARLSBAD 0 HOUSING COMMISSION; It was noted that only two applications had been received and they were not current. Council- man Skotnicki volunteered to contact the two applicants, Dillard Littlefield and John W. Allen, to verify their continued interest. I [4O] 31. AGENDA BILL #5156 - APPOINTMENT TO CARLSBAD BUILDING AUTHORITY. The following Resolution was adopted: RESOLUTION NO. 5173, RECOMMENDING TO THE BOARD 01 SUPERVISORS, SAN DIEGO COUNTY, CALIFORNIA, THE APPOINTMENT OF ONE MEMBER TO THE CITY OF CARLSBAI BUILDING AUTHORITY, that member being C. R. Heltc \ 23-0 .Motion Motion Ayes Noes 'Y Motion Ayes Motion Ayes Motion Ayes Motion Ayes 1. % - P X X xl 111 D 0 'CITY OF CARLSBAD. - .6 - - September 13, 1977 163 1 32. AGENDA BILl #5184 - APPOINTMENT TO LIBRARY BOARD OF TR.USTEES. Mayor Frazee requested nomination from Council. Councilman Skotnicki nominated Herbert B. Falkenstein.. Councilwoman Casler nominated Herbert B. Falkenstein. Councilmen Packard and Lewis stated they had.no nomination, and Mayor Frazee stated his intent to nominate J. R. Donaldson. Mayor Frazee stated a vote would be taken at the next regular meeting. CITY COUNCIL ADDITIONAL BUSINESS: Councilwoman Casler reported on the Senior Citizen's Association. Councilwoman Casler reported on a recent Cities Advisory Committee to Lafco meeting in which they discussed a split developing in the County with Cities and Special Districts. Councilman Skotnicki reported on the League of California Cities conference he recently attend- ed wherein they discussed League organization. CITY MANAGER ADDITIONAL BUSINESS: [93] The City Manager stated the City had just re- ceived word that the grant application for EDA .funds to construct the Ocean Street Sewer has been approved, and he needs Council action to accept this grant. The following Resolution was adopted: RESOLUTION NO. 5200, ACCEPTING AN OFFER OF GRAN- FROM ECONOMIC DEVELOPMENT ADMINISTRATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ' OFFER OF GRANT. The City Manager then reported word had been received that legislation recently passed would hold Tentative Maps in abeyance for up to five years in cities where there is a moratorium. CITY ATTORNEY ADDITIONAL BUSINESS: The City Attorney informed Council that the County is goi-ng t-o appeal the decision re off- shore oil. EXECUTIVE SESSION: Mayor Frazee called for an Executive Ses'sion at 11:OO P.M. for the purpose of discussing Person ne1 and li'tigation: Council reconvened at 11:24 P.M. and the Mayor announced that Person- nel and litigation and been discussed. E741 Council instructed staff to prepare the necessa amendments to Resolution 5188 setting the annua salaries of the City Manager and City Attorney at $37,500.00 and $36,000.00 respectively, to be fixed salaries with no steps, retroacti,ve to the first of the fiscal year. I r - r; 1 COtlNCILMEh COUNCILMEP Councilwoman Casler stated that for the record 11:25 P.M. Respectfully submitted,