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Home My WebLink About1984-03-13; City Council; MinutesMINUTES Meeting of: CITY COUNCIL (Adjourned Meeting) Date of Meeting: March 13, 1984 Time of Meeting: 6:OO P.M. Place of Meeting: City Council Chambers CALL TO ORDER: The meeting was called to order by Mayor Casler at 6:00 P.M. ROLL CALL was taken by the City Clerk as follows: Present: Council Members Casler, Lewis, Kulchin, Chick and Prescott Absent: None CLOSED SESSION: Council adjourned to a closed session at 6:01 P.M. and Mayor Casler announced that litigation would be discussed. Council reconvened at 6:53 P.M., with all council. members present. Mayor Casler announced that litigation had been discussed, and that no action had been taken. RECESS : Mayor Casler called a recess at 6:53 P.M., and council reconvened at 7:00 P.M., with all council- members present. PRESENTATION: Mayor Casler read and presented a proclamation to Mr. Harry Krepps declaring the month of March as American Red Cross Membership Month. Mayor Casler displayed the American Red Cross flag and announced that it would be flown under the American Flag for the mnth of March. (100) 1. 7665-TRANSI~OCCUPANCYTAXATSTATEPARK CAMPSITES . The City Attorney gave a brief report on the matter as contained in. the agenda bill. Council reqnized Mr. Maurice Rimball, 1623 Jms Drive, Carlsbad. Mr. Kimball asked if there were any questions about his comnts made on the matter at the previous muncil meting. He reiterated his oppsition to imposing the tax, Council discussed the matter and how the tax would be implemented and collected. Council Member Lewis questioned if there were any services provided by the City to the campsites, and expressed the opinion that he muld only agree to imposing the tax if the cost of providing services warranted same, It was noted that transient occupancy tax is applied to all transient people in hotels and mtels and Council discussed whether visitors to park cqsites should be subject to the same taxing structure. MINUTES Paqe 2 Marrh 11. 1984 Council directed the City Attorney to return with the necessary documents to impose the transient occupancy tax at the state park campsites. (25 2. AB #7667 - WOOLLEY ANNEXATION. (45) The City Manager gave a staff report indicating that the agreements before council were not acceptable to the districts. He requested council discussion on the issue regarding the provision of water and sewer services to the property in the Woolley Annexation, and whether the two districts should provide that service rather than the city. He noted that the problem, to date, has been in reaching an agreement which both sides accept. Council Member Kulchin indicated that she had no problem with the districts providing service to the Woolley Annexation. She did, however, express concern abut sayina the city would never service the area because it would tie the hands of future council members. Council Member Prescott indicated he was satisfied with the agreement as written. He further stated that council could not codt future councils. With regard to the zoning of the Olivenhain Water District Offices, he expressed the opinion that the commercial zoning would be imcompatible with the existinq residential areas surroundins the property. He also indicated that the CUP process would serve the purpose. Council Member Lewis expressed agreement with the comment of Council Member Kulchin. He expressed concern that if the area is served by the districts, they will not receive the same rates as those who receive service by the City. He expressed the opinion that if they cannot be served by the district, the city should be allowed to provide the service. Council Member Chick referred to Item No. 6, contained on Paae 2 of the Aureement and mestioned why the district did not want that condition included. The City Manaser indicated the district felt that the statement was unnecessary and that it seemed to imply that the City is waiting to mve in on them and take over. He indicated that the condition probably is not necessary. Mayor Casler expressed the opinion that Item No. 6 is probably not necessary. She stated that the only change in service which would occur would probably be related to a reorganization in the San Diequit0 area, such as when the San Dieguito incorporation was a question. Council Memher Chick stated that Leucadia is currently leasing sewer capacity from Vista, and questioned what happens when they run out of capacity and Phase IV has not been built. Casler X Lewis Kulchin Chick Presmtt K X X Y X I a MINUTES Page 3 Marr-h 13- 1984 Mayor Casler stated that she had attended the LAFCO Cities Advisory Cornittee Meeting, and Mr. bbolley had said that he anticipated no action in the area for ten years, She indicated that by that time, Leucadia would probably ao ahead with Phase TV, Mayor Casler also indicated that LAE'CO cannot make the determination that anyone other than the city can provide service to areas being annexed unless the city has reached an agreement with the districts. Therefore, if agreements were not reached with the districts LAFCO would probably not approve the annexat ion. Council directed the City Manager to continue negotiations with the districts to reach an acceptable agreement based on council corrunents. For clarification purposes, the City Manager reported that the proposal was being worked. out where Olivenhain Water District would apply for a conditional use permit for their off ices. Mayor Casler requested, and council concurred, that Item No. 9 be taken out of order and considered at this time. ( 7,) 9, AB #7670 - AB 2320 - FUNDS FOR BUEfaA VISTA LACXDN (62 1 VISL'IOR/NATURE CENTER.. Richard Ledford, from Assemblyman Frazee's Office, addressed council. Mr. Ledford explained that the funds muld be used to build a visitor/nature center which muld be built on the Oceanside side of the lagoon. He referred to the information which was distributed to muncil prior to the meting and noted that the material contained a further definition and description of the proposed structure. Council Member Chick stated that the Buena Vista Lagoon Tri-City Committee was in favor of the project. Mr. John Wachter, 3575 Catalina Drive, Carlsbad, addressed council. Mr. Wachter expressed the opinion that if the funds were available for such a project, then the funds should go to the City of Carlsbad for use rather than to the City of Oceanside. Council Member Chick, in response to council query, indicated that the proposed location in the City of Oceanside was the only place around the lagoon that such a structure would fit. Council expressed their endorsement of AB 2320, which seeks a $165,000 appropriation from the State Environmental License Plate Fund to construct a visitor/nature center on the Buena Vista Lawn. ~ Casler Lewis Kulchin Chick Prescott Casler Lewis Kulchin Chick Prescott X X X X X X X X X X X X a MINUTES Page 4 (57) 3. AB #7646 - Supplement #1 - GENERAL PLAN AMENI=MENT (113) AND ZONE: CHANGE FOR PINE STREET APAF3MJ3N'IS - (45) GPA/LU 83-20/ZC-297/SDP 83-10 - PAUTSCH. Council adopted the following Ordinance and Resolutions by one mtion: ORDINANCE NO, 9711, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD NJNICIPAL CODE BY24mmDING!rHE ZONINGMAPrn GRANTACHANGEOF ZONE (ZC-297) FROM R-3 TO FD-H CRJ 1.49 ACRES ON PROPERTY GENERALLY LOCATED AT 336 AND 372 PINE STREET. APPLICANT: PAUTSCH. RESOLUTION NO. 7531, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMEMDING TFlE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE LAhD USE DESIGNATION FOR ONE AREA OF THE CITY'S GENERAL PLAN - GPA/LU 83-20 - PAUTSCH. RESOLUTION NO. 7532, A RESOLUTICRJ OF THE CITY COUJYCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPWING FTTY CONDITIONS, A SITE DEVELOl?MElTF PLAN 83-10 FOR A 50 UNIT APARTMENT PROJECT CONTAINING A MINIm OF 25% LOW AND MODERATE INCOME UNITS 1-49 ACRES OF PROPERTY LOCATED ON THE NORTH SIDE OF PINE AVENUE, IMMEDIATELY WEST OF THE AT&SF RAILROAD, APPLICANT: PINE S'EEET APARTMENT CaMPLEX - SDP 83-10. RESOLUTION NO. 7533, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WBAD, CALIFORNIA, APPROVING AN AGmEMENT IMPCEING RESTRICTIONS ON REAL PROPERTY BETWEEN 'IHE CITY OF CAlUSBAD AND JOHN R. PAUTSCH TO PROVIDE FOR lX34 AND MODERATE INCOME HOUSING IN A 50 UNIT APARm COMPLEX CN 1.49 ACRES OF PROPER!IY GENERALLY IDWI"I'D ON THE NORTH SIDE OF PINE AVENUE, IMMEDIATELY WEST OF THE AT&SF RAILROAD AND AUTHORIZING THE MAYOR 'ID EXECUTE SAID AGREEMENT. ( 96) 4. AB #7647 - SIGNS ON PASEO DEL NORTE AT POINSETTIA LANE. Council a.dopted the following Ordinance: ORDINAWCE NO. 3165, AN ORDINANCE OF THE CITY COUNCIL OF WE CITY OF WBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.28 OF THE (XRLSBAD MUNICIPAL CODE BY ME ADDITION OF SECTION 10.28.321, DESIWTN STOP CONTROL ON PASEO DEL NORTE AT POINSE'ITIA LANE. 7 5. AB #7649 - SUMMARY ABATEMENT PROCEDURE CONSISTENT WITH VEHICLE CODE. Council adopted the following Ordinance: ORDINANCE NO. 3 1 66, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSEAD, CALIWRNIA, AMENDING TITLE 10, CHAPTER 10.52 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.52.125 TO PROVIDE FOR A SUlQVBY ABATEMENT PROCEDURE mR CERTAIN Ll%J VALUE VEHICLES CONSISTENT WITH ?HE PROVISIONS OF THE VEHICLE CODE SECTION 22661 (c). e MINUTES Page 5 (701 6. AT3 #7668 - AGUA IIEDIONnA LAGOON - JET SKI PACES. The City Manager gave a brief staff report on the matter as contained in the agenda bill. Council adopted the following Resolution: I RESOLUTION NO. 7536, A RESOLUTION OF THE CITY COUNCIL OF 'IHE CITY OF CARLSBAD, CALIFORNIA, APPROVING 'IHE USE OF AGUA HEDIONDA LAGOON BY SNUG HARBOR MINA, TI CONDUCT JGT SKI RACES ON APRIL 14, 15, AND MAY 5 MID 6, 1984. (110) 7. REQUEST TO ADDRESS COUNCIL - JIM SWAB. Mr. Jim Swab, 2924 Highland Drive, Carlsbsd, addressed Council. Mr. Swab read a portion of his letter to the editor which was attached to the agenda bill. He reiterated his opposition to the fact that the mjor facility charge does not credit a land owner for prior water conswnption. He indicated his main opposition was to the $550 direct connection charge. He indicated he had three lots and had been receiving water service for several years, that the line was in place in Highland Drive, yet he was going to be char@ $550 for each of the three lots when he applies for a permit to build on those lots. In response to query he indicated that he had corresponded with the District expressing his opposition, but believes that the City should have an interest in the issue since they are mllecting the fees. He concluded by stating that the charges were inquitable and requested council assistance with the issue. The City Manager indicated that he was not entirely clear about the $550 charge, and suggested that muncil authorize him to look into the matter. Council agreed that the City Manager should investigate the matter and, if appropriate, refer it to the water subcomittee for discussion with the District. (62) 8. AB #7669 - AT3 2239 - SUPPORT WCMEN'S RIGHTS. Mr. Maurice Kimball, 1623 James Drive, Carlsbad, California, addressed Council. Mr. Kin-ball spoke in opposition to the bill. Council Member Chick questioned the purpose of the bill and whether it could possibly affect meetings of the Rotary Club. Council Member Kulchin indicated that the bill also applies to discrimination on the basis of race and religion, and not merely on the basis of sex. Council expressed concern that they did not have an actual copy of the bill to review rather than a summary of the bill. Casler Lewis Kulchin Chick Prescott e 0 MINUTES Page 6 Mav~h 11 - 1984 Council expressed support for AR 2239, which denies tax deductions for business expenses at private clubs if they discriminate. (62) 10. AB #7671 - AB 2468 - FINANCING FOR LOCAL m-. Council determined to endorse AB 2468, ACA 55, and SCA 23, which provide long-term stable financing for local government. (62) 11. AB #7672 - SB 1808 - COASTAL ZONE. (77) Mayor Casler gave a brief report on the matter as contained in the agenda bill. Council endorsed SB 1808, which chanqes the Coastal Zone bundary in Carlsbad, and authorzed the City Manager to provide staff assistance anc3 financial support not to exceed $3,500. (86) 12. AB #7673 - SUPPORT FOR WESTMINSTER ORDINANCE REQUIRING AfzBITRATION OF MOBILE Hm PARK RENTS. The City Attorney gave a brief introduction of the matter as mntained in the agenda bill. Mayor Casler indicated that the City of Westminster took Carlsbad's voluntary agreement and made it into an ordinance, and that was what was before the murts at this time. Discussion related to whether support of the ordinance would in fact be interpreted as support for rent control. Council directed the City Attorney to inform the City of Westminster that CarlsbaC! does not wish to take a position on the matter. (104) 13. CITY OF TUSTIN LAWSUIT RGGARnING BULCET TRAIN. Mayor Casler gave a brief introduction to the matter notinq the City's previous action to join in the lawsuit with the City of Tustin. Council recoqnized Mr. Maurice Kimball, 1623 James Drive, Carlsbad. Mr. Kimball questioned how much mney the City of Tustin was askinu for and whether there would additional requests for funds. Council recognized Mr. John Ffachter, 3575 Catalina Drive, Carlsbad. Mr. Wachter suggested that the City contribute nothing. He suggested that the proper way to handle the situation was through the people, council members, and legislators. Casler X Lewis X Kulchin X X Chick X Prescott X Casler X Lewis X X Kulchin X Chick X Prescott X Casler X Lewis X Kulchin X X Chick X Prescott X Casler X Lewis X Kulchin X Chick X X Prescott X e MINUTES Page 7 Council M-r Prescott suggested that relief from the matter would probably not corn from legislators. He indicated that the City of Carlsbad had been a leader of the opposition from the beginning, and suggested that mntributing mney to the lawsuit might save a greater financial loss in the future if, in fact, the Bullet Train does go through. He expressed the opinion that mntributinq to the lawsuit would be an investment in the future. Council appropriated $5,000 from the mnt ingency fund to be mmnitted toward the cost of the lawsuit in opposition to the Bullet Train. Mayor Casler announced that the council meeting of March 20, 15384, would be preceded by a half-hour closed session to discuss labor relations. By proper mtion, the meeting was adjourned at 8:46 P.M. Respectfully submitted, City Clerk ALJTEM L. RAUTENRRANZ,