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HomeMy WebLinkAbout1977-10-25; City Council; MinutesE, - -- . " .... - .. .. . . ". . . . . . . . . .. 4 CITY OF CA WNGILME ROLL CALL: EXECUTIVE SESSION: Mayor Frazee &hlled an Executive SessioA at 7:02 P.M. for th.e purpose of discussing litigation. Council reconvened at 8:33 P.M. with all Council members present and the Mayor announced litigatio had been discussed: The City Manager gave a brief introduction of the matter. He then distributed to Council a synop- sis prepared by Jerry Rombotis which compared the subject project to other projects listed as com- parable in the memo from the City Engineer to the City Manager dated October 13, 1977. Council discussion related to whether the project was in fact unique, or one of many in a similar situation. They discussed 'the projects listed on the City Engineer's memo dated October 13, 197 and requested a report from staff on the status of each project. The Public Works Administrator responded providin igformation to Council re the recordation of Fina Maps, bonds posted, and public improvements re- quirements. It was further pointed out that wherein the developers had ceased activity on the other projects for various reasons, Kamar had continued development and was putting in the public improvements required as a condition of their Final Map at the time the moratorium was Council then discussed the proposed Ordinance and expressed dissatisfaction in that it allowed only a specific project rather than making findings for an exception which would allow other projects to apply if they too could meet the requirements. Councilman Lewis stated he would be changing his vote from previous action as he felt it would be in the best interest of Carlsbad due to recent developments. 3. APPEAL ON NEGATIVE DECLARATION ON FIRST PHASE The Planning Director gave the staff report refe,r- encing items contained in his report to Council dated October 17, 1977. *. A< F CARLSBAD rnNCitME - 2. - Mr. Clayton -Parker, attorney representing Kaiser- Aetna doing business as Ponderosa Homes, addresse Council. He began by stating that due to a split in the Company, the owner was actually Kaiser Realty. Mr. Parker expressed surprise ,at the suggestion of amending the Negative Declaration and questioned if this in fact could be done. He continued by stating he felt there would be sig- nificant impact on the environment; therefore an Environmental Impact Report should be-prepared. He further contended there was a discrepancy in the requirements for and actual posting of the Negative Declaration as well as the requirement for consulting responsible agencies. Since no one else wished to be heard, the Mayor closed the public hearing at 9:27 P.M. In response to Council questions., staff stated the State requirements had been strictly obeyed. Further, based on local ordinances, the appeal and hearing processes before Planning Commis-sion and City Council offer the opportunity to modify the Negative Declaration- if .Council so chooses. Council concurred in the modified Negative Dec- laration which includes the staff report to the Planning Comm.ission, the Planning Director's report to City Coun.cil and the Supplement to the Environmental Impact Assessment, denied the appeal and adopted the modified Negative Declaration. 4. CONSIDERATION OF FIRST PHASE SEWER ALLOCATION The Planning Director gave the staff report re- ferring to his memorandum to the City Manager date October 21, 1977. He outlined possible problems that may occur.in that industrial , comm.ercia1 and residential are rated the same in the Rating System Questionnaire (Exhibit D of Exhibit S to Resolution No. 5199). He then referred to the proposed Exhibit E and Exhibit F which establishes a separate rating system for industrial-commercial and residential. of Resolution No. 5199 be deleted, and in lieu therefore, Exhibits ''E" and 'IF" dated 10-18-77 I- be inserted in Exhibit I'S". Council then modified Exhibit "E" and. Exhibit "F!' Section 2, to delete "Wood sash window frames". The following Resolution was adopted: (* _.I. . _......... .. .~ . -... .. .. L. - '0 1 0 0 CITY QF -3- October 25, 1977 RECESS: Mayor Frazee called a recess at 1O:ll P.M. and Council reconvened at 10:16 P.M. with all Council members present. 5. OPEN SPACE'MAINTENANCE DISTRICT Administrative Assistant, Mr. Frank Mannen, gave a staff report indicating the matter was before Council relative to the Green Valley Knolls Sub- division in the La Costa area. He referred to a wall exhibit showing the various open spaces in the subdivision and stated the dedication of open space had been a requirement of the City. [70! He continued stating La Costa Land Co. had filed a petition for open space maintenance as required and the City had rejected same. At the same time staff had been directed to pursue the possibility of maintaining open space under the Lighting and Landscaping Maintenance Act of 1972. He stated La Costa was desirous of including the open space of other subdivisions with the Green Valley Knolls Subdivision and forming .a large assessment district. Mr. Mannen concluded his report by requesting Council guidance and direc- tion relative to what type of district, if any, should be established as well as whether slopes and interior lots should be included in addition t,o major hillsides. Coun Land comp cil recognized Mr. Fred Morey of La Costa lete frustration. He stated people are now living in this particular subdivi.sion and are still not informed as to how'the maintenance of the open space will be handled. Company. Mr. Morey expressed his feeling of Mr. Morey then introduced Mr. Stanley, Attorney for La Costa. Mr. Stanley suggested the conditio re maintenance of the slopes be eliminated. He offered suggestions as to possible methods of maintenance and referred to the minutes of the City Council meeting held Janua'ry 25, 1977, quoting the portion urging Council action. He repeated the request for some type of action on the part of Council. Council discussed deleting the maintenance re- quirements on interior lots and the possibility of forming a district covering the entire boun- '- daries of the City as opposed to the forming of a district for the La Costa area only at this time. Following further discussion, Council instructed staff to proceed with the retention of a consul- tant to proceed withjforming a District under the Lighting and Landscaping Act of 1972. ADDITIONAL BUSINESS: The City Manager stated if Counci-l had no objec- tions, City staff would assist in the placement of a banner across the street which referenced a particular item on the ballot and merely said I i I "Vote". Council discussed whether this would in 1 fact indicate their endorsement of the matter. I WNCtLME 290 >- -. .- . . . . . . .. - . . . .". ~ j . - . - . 4.- STY OF CARLS WNClkME -4- to assist with the placement of the banner. ,. ADJOURNMENT: a' By proper motion, the meeting was adjourned at 11:23 P.M. Respectfully submitted, 3