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HomeMy WebLinkAbout1977-06-07; City Council; Minutes< )' - 0 I) T CITY OF CARLSBAD COUNCILMEk Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: June 7, 1977 Time of Fleeting: 7:oo P.M. Place of Meeting: Council Chambers ROLL CALL: INVOCATION was given by Councilman Packard. " PLEDGE OF ALLEGIANCE was aiven. APPROVAL OF MINUTES: (Approved by one motion) Minutes of the. adjourned regular meeting held May 10, 1977, was approved as presented. Minutes of the re'gular meeting held !lay 17, 1977, were appvoved as presented. . Minutes of the adjourned regular meeting held- Hay 24, 1977, were approved as presented. PAYMENT OF BILLS AND RATIFICATION OF PAYROLL: I Authorization was given the payment of bills for the General Expenses of the City: City Operations $364,799.36; !4ater Department $37,793.94; Invest- ments $300,000.00; Net Payroll Transfer $187,082.45 for a total of $889,675.75 for the period May 15, 1977 thru June 1, 1977, as certified by the Fin- ance Director and approved by the Auditing Committee. 1 Rati..fication was given the payment of the pay- roll in the amount of $150,426.65 for the period May 2, 1977 thru May 15, 1977, as certified by the Finance Director and approved by the Auditing Comrni ttee. CONSENT CALENDAR: Following a request by Councilman Skotnicki that Item #12 be removed and an announcement by Filayor Frazee that Item #18 would be removed, the follo ing items, with the.exception of Items No. 12 an action on the Consent Calendar: '18, were approved by one motion affirming the W- d [gg] 1. AGENDA BILL #3418 - Supplment 85 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - ROYAL HOMES NO. 5 - JOHN McCOY.. The Pub1 i c 1mp.rovements were accepted as completed, the Utilities/Maintenance Director was directed to commence maintenance, the Finance Dtrector to release deposits in the amount of $1,110.80 and the City Clerk to record the Plotice of Completion. and release the aFplicable bonds. [99] 2, .AGENDA BILL #3484 - Supplement #2 - TE.NTAT1l' YAP EXTENSION ALICAMTE HILLS -. CT 75-6 .- LA COST LAND COMPANY. The following Resolution was adopted. 1 RESOLUTIOM b!O. 5098, APPROVIflG NITH CONDITIOr\!S AN EXTENSION OF TENTATIVE MAP FOR CARLSBAD TRACT I 75-6. 1 Motibn xxx Aye's X Yotion xxx Ayes X Mot i on Ayes xxx .. CITY OF CARLSBAD CoUNClLMEt - 8 e -2- 126 June 7, 1977 .I I - r I e991 e811 3. AGENDA BILL #3498 - Supplement #6 - QUITCLAIM Resolution No. 5099, authorizing: the -Mayor and City Clerk to execute a quitclaim deed for an I OF CONSTRUCTION SLOPE RIGHTS - CARLSBAD NEADObIS- - CT 75-2 - SOMMERS DEVELOPMENT CORPORATION, I ~ I ~ .. E971 e451 1741 e501 easement for construction slope rights in Carls- bad Tract 75-2, Unit No. 2, was adopted. ~. I 4. AGENDA BILL #5010 - Supplement #2 - RESUR- FACING AND CHIP SEALING OF VARIOUS CITY STREETS CONTRACT NO. 1039. Resolution No. 5100, accept-. ing rbids and authorizinq the execution of Con- tract No. 1039 for asphalt concrete overlay and chip sealing of various city streets, was adopted . - .. I 5. AGENDA BILL #5073 - SALARY PLAN FOR MISCEL- LANEOUS EMPLOYEES - FISCAL YEAR 1977-78. Resolu tion No. 5101, adopting the classification an salary range schedule for fliscellaneous EmDlovee 4 for fiscal year 1977-1978 and rescinding Resoju- tidn No. 3955, as amended, was adopted. - -1 e741 ~781 e501 6. AGENDA BILL #5074 - REQUEST FOR CHANGE IN EMPLOYMENT STANDARDS IN CLASSIFICATION DESCRIP- TION - COMMUNICATION OPERATOR. Resolution No. d 5102 amending classification and salary ranqe schedule for Police and Fire employees, by changing the employment standards for the classi fication Communication Operator, was adopted. -1 C741 e 831 7. AGENDA BILL #5075 - REQUEST FOR AUTHORITY TO UPGRADE POSITION. Resolution No. 5103, authorizinq the addition of one PrinciDle Civil I Engineer vjce one Civil Engineer Associate in Fiscal Year 1976-77 Engineering Department Bud- get, was adopted. I - 1~"' --..- C741 E631 8. AGENDA BILL #5076 - AMENDMENT TO CLASSIFICA- TION AND.SALARY RANGE SCHEDULE - MISCELLANEOUS EMPLOYEES - LIBRARIAN 11. Resolution No. 5104, amending Resolution No. 3955 by amendment of the classification and salary range. schedule for Mis cellaneous Employees, to delete the position of Senior Librarian, Salavy Range 36, and to add the position of Librarian 11, Head of Technical Services, Salary Range 36, was adopted. 181 I E411 Deed to Mrs. Beeman. I 10. AGENDA 'BILL #5078 - APPLICATION FOR PERMIS- SION TO FILE LATE CLAIM - SERGIO TORRES. The application for leave to file a 1ate.c.laim was I deni:ed, a-s recommended by staff. .e 11 - AGENDA BILL #5079'- CLAIM AGAIPlST THE CITY - EDWARD J. ZINCAVAGE, SR. Resolution No. 5105, den.ying a Claim Against the City, w.as adopted. [411 *I CITY OF CARLSBAD COUNCILME! - 0 0 -3- I ' June - 1::; 11121 1271 Dl01 1731 C451 1511 1451 1871 MI 1501 1511 C811 c501 7, 1977 13. AGENDA BILL #SO81 - REPLACEMENT OF COUNCIL CHAMBER FURNACE. Resolution No. 5106, acceptin a bi,d and authorizing the execution of a Cohtra for the purchase and-installation of furnaces for the .Council Chambers, was adopted.. 14. AGENDA BILL #5082 - RUBBISH AND REFUSE ABATEMENT. Resolution No. 5107, declaring as public nuisances rubbish and refuse upon privat property in the City of Carlsbad, was adopted. 15. AGENDA BILL #5083 - AUDIT PROPOSAL - CITY OF CARL.SBAD AND WATER DEPARTMENT. The Audit Proposal submitted by Diehl, Evans and Company for the City of Carl sbad and Water Department, was accepted as recommended by the staff. 16. AGENDA BILL #5084 -e ENCROACHMENT PERMIT - 5390 LOS R0BLE.S DRIVE - CONSTRUCT RETAINING MAL Resolution No. 5108, approving the encroachment subject to the conditions of the encroachment agreement, was accepted. 17. AGENDA BILL #5085 - PROPOSED PARAMEDIC CON TRACT - CITY OF CARLSBAD AND COUNTY OF SAN DIEG Resolution No.. 5109, approving an agreement be- tween the City of Carlsbad and .the County of Sa Diego, for the County of San Diego to provide Paramedic Services with the City of Carlsbad and authorizing the Mayor to execute said agree ment, was adopted. ITEMS REMOVED FROM CONSENT CALENDAR: 12. AGENDA BILL #5080 - MOTOCROSS EVENT. - CITY - OF CAmSBAD/CHAMBER OF COMMERCE - SPECIAL EVENT The City Manager gave a brief report sta,ting approval of funds are- beilng requested by the Chamber of Commerce for the Motocross Special Event. Councilman Skotnicki stated he did not feel thi was of direct benefit to the taxpayers, in Carls bad and would cast a negative vote. Approval was given the expenditure of. $900.00 by the Chamber of Commerce to advertise Carlsba and the Motocross event in the media. ll 18. AGENDA BILL"$5086 - GIFT OF MONEY TO CITY FOR PARAMEDIC EQUIPMENT. Mayor Frazee int.roduced Mrs. Lois Jones from tt- Carlsbad Women's Club and Carlsbad Fire Captair Dean Harrol d. Mrs. Jones presented a check in the amount .of $500.00 to Captain Harrold who accepted it on behalf of the City of Carlsbad for. the purpose of purchasing equipment for the paramedic program I 2 J e L. - - - 0. n 8- - - S - d ie I Motion Ayes Noes : x x X .. ,' 1~ 0 ." I) CCTY OF CARLSBAD COUNCILME1 h -4- June 7, 1977 I Following the presentation, Mayor Frazee expressed appreciation to the Women's Club for their gener- ous contribution on behalf of the City and the Fire Department, and the following 9esolution- was adppted: RESOLUTION NO. 5110, ACCEPTING A GIFT,OF MONEY FOR TH.E PURCHASE OF EQUIPMENT FOR THE PARAMEDIC PROGRAM. ORDINANCES FOR ADOPTION: I By minute motion, the reading of the text of all Ordinances before the Council at this meeting, was waived: I [76] 19. AGENDA BILL #5057 - AMENDMENT OF SECTION [67] 2.24.020 OF THE CARLSBAD MUNICIPAL CODE RE: APPOINTMENT OF PLANNING COMMISSIONERS. The following Ordinance was given a second read- ing and adopted: ORDINANCE NO. 1200, AMENDING TITLE 2, CHAPTER NING COMMISSIONERS BY MAJORITY VOTE OF THE CITY COUNCIL. 2.24.02.0 TO PROVIDE FOR THE APPOINTMENT OF PLAN- [113] 20. AGENDA BILL #5033 - Supplement #1 - ZONE CHANGE FROM L-C TO E-A-0 - CABOT, CABOT & FORBES.- The following Ordinance was given a second read- ing and adopted: I ORDINANCE NO. 9484, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING.THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-189) FROM L-C TO E-A-Q ON PROPERTY LOCATED OM THE EAST SIDE OF EL CAMINO. REAL BETWEEN PALOMAR AIRPORT ROAD AND ALGA ROAD. PUBLIC HEARINGS: .I [99] 21. AGENDA BILL #5087 *- FINAL ENVIRONYENTAL [85] IMPACT REPORT - BUENA WOOD UNITS 111 AND I\/ - KAMAR CONSTRUCTION COMPANY. I The Planning Director gave a staff report on the matter referring to wall exhibits and maps of the project. 'Mayor Frazee declared the Public Hearing opened and asked if anyone wished to be heard. Mr. Royce Riggan, Recon, Inc. stated'he had pre- pared the Environmental Impact Report and would be available for questions. Mr. Pete Suffredini, 2635 Crest Drive, Carlsbad, stated he was a High School Science Teacher and indicated the Environmental Impact Report in- adequately addressed the existence of wildlife in the area. He stated duriny! his, many visits to the area, he had accumulated a list of 75 varieties of birds ,using the area which conflict ed with the 16 varieites listed in the Environ- mental Impact Report. He further stated several mammals and species of plants which had not been - ~ I I I I !lotion X" Noes xx Ayes X Motion Ayes xxx c. .. CITY OF CARLSBAD COtJNCILMEP - e 0 9 -5- June 7, 1977 w noted in the Environmental Impact Report. - I Mr. Thomas 1.1. Fiorello, Procopio, Cory, Hargreave: and Savitch, 5308 'IB" Str'eet, San Diego, address ed the 'Council as the Attorney representing the Buena Woods I1 Homeowner's Association. He stal ed he felt the EIR could not be cert,ified since it did not adequately address all potential en- vironmental impacts with regard to the proposed extension of Hosp Way. The proposed extension of Hosp Way would act as an arterial road thkough the residential area of Buena Woods I1 and the Environmental Impact Report d5;d not address the impacts of noise, traffic congestion and air pollution in this regard.' He further presented a petition signed by 55 residents in tha,t area opposing the proposed extension of Hosp Way un- til such time as Monroe St. or Elm Avenue are compl eted. S! I. At this point, the Council concurred that Agend Item #22 would be heard concerning the Tentativ Map and Planned Unit Development and the Public Hearing on the Environmental Impact Report, Tentative Map an.d Planned Unit Deve.lopment be combined. a e E991 22. AGENDA BILL #5088 "DELETION OF SPECIFIC 1131 PLAN AND APPROVAL OF TENTATIVE MAP/PLANNED UNIT DEVELOPMENT - KAMAR CONSTRUCTION COMPANY. The Planning Director, in response to Mr. Suffredini's comments on the EIR, stated. a de- tailed survey had not been made, but looking at it from the standpoint of Hosp Grove in general versus the project area, Recon, Inc. report was compiled at one time of the year for one particular segment of the Grove and the birds and animal life on the entire Hosp Grove area would be much broa.der than the proj.ect area. He further indicated that a analysis .of the list of..;75.bird species eould be made and a determin, tion given of'any species which might. be on the endangered species list and incorporate it as part of the documentation of the Environmental Imp-act Report. a. Councilman Skotnicki expressed the opinion that the problem of run-off in the Buena Vista La- goon had not been properly addressed in the EIR. He stated he felt the State Department of Fish and Game deserved a significant respons to their objection that the comments in the EIR are inadequate with regard to the problem of run-off into the Lagoon. I . e. A staff'report on the request for approval of a Tentative Map and. Pqanned Unit Development was given by the Planning Director. He indicat ed the applicant was requesting also that an approved Specific Plan be deleted. Referring to the wall exhibits, he outlined various areas of the project. I - b - 2 - CITY OF CARLSBAD - -b- . .~ June 7, 1977 i 0 0 Mayor Frazee announced the Public Hearing regard,, ing the Tentative Map and Planned Unit Develop- ment was opened and inquired if anyone wished to be heard. Mr. .Jerry Rombotis, representing Kamar Construc tion Company, addressed the Council. He out- lined various aspects of the prop0se.d project and expressed agreement with the staff report and stated all of the conditions contained ther in are acceptable to them. He expressed willin ness to perform further work on the Environmen- tal Impact Report if it was found necessary and in response to questions from the Council re- garding Hosp Way, he stated he would be willing to work with the staff to resolve any problems due to the extension of Hosp Way, as proposed. - e- g. Mr. Fiorello, representing the Biuena Woods I1 Homeowner's Association, stressed the concerns of the homeowners regarding the extension of Hosp Way. He reiterated his request that the applicant extend Monroe St. rather than Hosp Wa.y, and if Hosp Way is extended, that it not connect from Monroe St. to El Camino Real, until such time as Monroe St. or Elm Avenue is com- pleted to prevent the use of Hosp Way as an arterial road. I As a point of clarification, Mayor Frqzee in- ,. dicated that the developer at some time would be required to construct all of the roads in question, the point of concern appeared to be timing. Mr. Royce Riggan, Recon, Inc.., 5620 Friars Road San Diego, Consultants for the Env?ronmental Impact Report addressed the Council in response to the items of concern expressed .by various individuals during the Public Heari,ng. In re- sponse to Mr. Suffredini, he stated the existin biological report in the previous EIR was used in part and supplemented by a few hours of work in the Grove, and that they were to 'make com- parative studies between the Eucalyptus grove, the native Chapparell, the recurring woodland and the Lagoon itse1.f as to the highest diver- sity of species. Since the Eucalyptus is not native to this continent, compared to other wildlife areas, it is relatively sterile on the diversity scale and is not a critical bio- 1 ogi cal habi tat. Responding to Mr. Fiorello, Mr. Riggan indicate . the EIR did not address the noise situation for Hosp grove. Referring to the' EIR, he stated that though the speed on Hosp Way would be 35 m.p.h. as compared to, 45 m.p.h. on Marron Road and Monroe Street, -the calculations for Hos'p Way would be comparable to those for Monroe and Marron, and that the maximum noise level would be approximately 66 decibles. Further, there would be a loss of approximately one decible per 10 fket away from the source. In any event it would be we1 1 under 65 deci bles which is an acceptable noise zone for those units. Y 9 d Y COUNCILME1 1 /do - CITY OF CARLSBAD -7- ,.* June 7, 1977 * .. 0 "~.~~ ~ ~~ ~~~~~-~ ~~~ ~ ~~~ ~ ~-~ ~~~~~- -~ Mr. Riggan responded to Mr. Skotnicki regarding run-off into the Lagoon and outlined the three types of run-off which could exist: sediment, organic and urban. He stated it. was possib1.e to get a rough estimate as to th.e sediment run- off and it. is possible to control by building sediment traps around the development. However, to date, there is no known way to quantify the organic run-off in the Lagoon and it would re- quire detailed and lengthy biological work in the Lagoon to determine what level of organic input would be appropriate, Further, he explain ed the Lagoon can handle sediment and organic input up to a certain point, but urban run-off is the most critical, beyond a ce~tain :point, it would'be a deadly factor. Unfortunately, there is no model that could quantify input from existing residential development or to what ex- tent the Lagoon could handle it. Mr. George Flanders, 2168 CarISbad Blvd., Carlsbac addressed the Council expressing concern about the lack of discussion as to the use of the amphitheatre and subsequent parking. He further referred to a particular area on the west side of Monroe St. showing 16 units proposed and stated the General Plan called for this area to be open space. Concern was expressed about the frontage road proposed to service those 16 units and he pointed out that because it is narrow, parking will be a problem. The Planning Director responded to the matter of inconsistency with the General Plan. 'He stated the original Master Plan which wa's appro\ ed by the City, does indicate-units on the west side of Monroe. Further, the City Plan a1s.o indicated units in this area. He then stated the General Plan was adopted after the Master Plan and'City Plan, and essentially, the Master Plan was followed in the General Plan. Stlnce the General P1 an is comprehensive 'and yet genera to allow a certain degree of flexibili,ty and the Plan did follow the original plans, it is felt that conformity with the General Plan has been met. Mr.. Fiorel1.o again addressed the Council. He stated with regard to the noise factor on Hosp Way, that the Hosp Way extension would be in an area which runs in a bowl between geographical sloping hills, and therefore, the noise could be intensified. Further, that a 35 m.p.h. speec limit, if posted on the Hosp Way extension, would not be adhered to, which would. again in- crease the noise factor. He stated that though 65 'decib-les might be the maximum acceptable noise level, it would.not. be acceptable to his clients. ?''lark Nelson, 140 Tamarack Ave, Apt #1, Carlsbad outlined the reasons he had opposed the EIR and project as a member of the Planning Commis- sion. His ;objections were: inconsistency with the General Plan, traffic problems, potential noise, impact on Buena Vista Lagoon, inadequacy of the EIR as far as recognizing the Hosp Grove area as a unique and natural resource, and I I 5 I. 1 ! d Y COUNCILME1 131 . ~. I ~ , . - . - . . . " - - . . . .. CITY OF CARLSBAD . -8- 'June 7, 1977 < possible future effects on the City-with regard to th.e draught situation currently being ex- perienced. w .. Mr. W. Allen Kelly, 4912 Areoquipa, Carlsbad, spoke in favor of the proposed project. He stated that the question of what the City's plans are regardi.ng an amphitheatre should not have significant bearing on this project and that it would be unfair to hold up the project because an extraneous organization or the City does not know exactly how the amphitheatre is to be used. Further, he expressed the opinion that it would not be reasonable to prevent a person from de- veloping his property unless the City is prepared to purchase that property. Mr. Ernest Adler, 3836 Cherry St., Long Beach, identified himself as a property owner and re- quested disapproval of the EIR and Tentative Map on the grounds that the area is a valuable natura' resource and should be preserved. He suggested the City inquire as to possible assistance in funding this area for a park. He further stated the EIR has considerable deficiencies and doesn't meet all of the requirements of the California Environmental Quality Act. He requested the Tentative Map be disapproved as it contained a number of deficiencies regarding the requirements of the Municipal Code and the California Sub- division Map Act, at the time it was presented to the Planning Commission. Mr. Suffredini referred to the wildlife that uses the grove area and expressed concern that the proposed horse trails may be used as motor- bike trails,. , Mr. Nick Banche, 3464 Ridgecrest.Drive, Carlsbad, addressed the Council on behalf of the applicant. He stated that pres.urnab1y the Specific Plan had to have consistency with .the General Plan in order to obt-ain its original approval. Further, in regard to Hosp Nay, he stated -the developer would cooperate with the.City in any way, in- cluding working with the .staff on the Environ- mental Impact Report, if the Council found that ' further study was necessary in order to certify the EIR. .[ No one el se wished. ..to be heard and the Mayor declared the Pub1 ic" Hearing on the Environmental Impact Report, Tentative Map and, Planned Unit Development closed at 9:05 P.M. Councilman Skotnicki made reference to the con- ditions of the Planned 'Unit Development a.nd Tenta - tive Map stating ,several of "the condi,tions were worded rather vaguely. He also inquired who insures that the conditions are met. . Mayor Frazee announced the first action to be taken would be on the Environmental Impact Report I I COUNCiLME .. J CITY OF CARLSBAD - 0 e -9- June 7, 1977 - I i I ~ ~~~~~ I Lengthy discussion was held on the EIR and t-he Council certified Environmental Impact Report for Buena Woods I11 and IVY with the inclusion of the .testimony given on' the ev.ening of June 7, 1.977. RECESS: Mayor Frazee called for a r.ecess at 9:27 P.M. and the Council reconvened at 9:45 P.M., with all Council members present. Mayor Frazee announced that discussion regarding the Tentative Map and Planned Unit Development would be held. Discussion ensued and centered on the proposed extension of Hosp Way versus the extension of Monroe St. Further concerns were expressed by the Council relating to the City's involvement in the CC &R's the open space west of Monroe, the narrow front- age road and resulting parking problems and the run-off into Buena Vista Lagoon. " It was moved tha't this matter be returned to the Planning Commission and staff for review and redesign with the intent that Monroe Street be completed and Hosp Way end at the extension and not be completed to El Camino Real. The motion was seconded and further discussion was held. The motion maker withdrew the motion wit1 the consent of the secorid.. ' Dl31 C431 The Council referred the matter back to.staff to work out the details as di.scussed with the understanding that if there is a sufficient change from the existing approval, the matter of the Tentative- Map -and Planned Unit Develop- ment wou-ld be returned to the Planning Commis-i sion. 23. AGENDA BILL #5089 - APPEAL OF DECISION OF ' - PLANNING COMMISSION - AMENDMENT TO SPECIFIC PLAN/CONDITIONAL USE PERMIT - SANTA ANITA DE- VELOPMENT CORPORATION. The. City Manager reported he had received a letter from the applicants requesting this matter be continued. 1 The Public Hearing on the appeal by Santa Anita Development Corporation was continued to the regular meeting of July 5, 1977. [1.05] EUS ING AUTHORITY: - The Council adjourned to the Housing Authority at 10:04 P.M. and r.ecbnvened at 10:06 P.M.,. with all Council members present. COUNClLMEI Motion Mo ti on Ayes xxx Motion Ayes xxx COUNClLMEl , J CITY OF CARLSBAD a .. -1 0- June 7, 1977 - ~ ~~ DEPARTMENTAL AND CITY MANAGER REPOgTS: Planning. [w 24. AGENDA BILL #5069 - Supplement #1 - ZONE CHANGE FROM R-1-7500 TO RDM-Q - TOP.? BEVILAGUA'. I The City Attorney stated this matter'was referre back to the staff to work out technicalities for the Council's intent to approve the requeste zone change, and referred to his report recom- mending denial and suggesting alternatives if the Council wished to grant the zone change. He stated documents have been prepared for whatever action the Council chooses. to take. During Council discussion, an objection 'w.as raised to Finding #4 of the Resolution approving the zone change. It was the concensus of the Council that if the zone change is approved, Finding #4 be deleted. Brief discussion was held on Alternative #3 contained in the City 4,ttorney:':s report relative to amending the Public Facilitie Element. It was pointed out in discussion that the application for a change of zone was in the City prior to the sewer moritorium and the pro- . perty was being purchased in good faith with the contingency that the property be rezoned to RDM; futher, that the rezoning of the property would be in conformance with the General Plan. 1 S It was moved that a Resolution be adopted deny- ing the zone change. The following Resolution was ad0pte.d by title only: RESOLUTION NO. 5111, ANNOUNCING FINDINGS AND DECISION REGARDING .CHANGE -OF ZONE (ZC-132) FROM ' R-1-7500 TO RDM ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HARRISON STREET BETWEEN CHIN QUAPIN AVENUE AND LOCUST AVENUE. ORDINANCE NO. 9485, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (zc-192) WITH CON- DITIONS FROM R-1-7500 TO RDM ON PROPERTY GENER- ALLY LOCATED ON THE WEST SIDE -OF HARRISON STREET BETWEEN CHINQUAPIN AVENUE AND LOCUST AVENUE, was introduced for a first reading by title only. - Pub1 ic Works. [1.07] '25. AGENDA BILL #5090 - REQUE,ST.TO QUITCLAIM [Sl] IJG.RESS/EGRESS EASEMENT - ROBERT' WLCAHY. Following a staff repowrt by the Public Works Administrator at which time he stated the staff was recommending denial, Council djscussion was held on Mr. Mulcahy's 'request. Motion xx Ayes X X Noes Motion Ayes xx Noes X Mo ti on Ayes xx Noes X CITY OF CARLSBAD COUNCILMEI \ I 0 0 .c -11 - June 7, 1977 The staff was directed to prepare a Permit which would allow Mr. Mulcahy to back his Recreatibnal Vehicle into. his lot. I 1931 26. AGENDA BILL #5091 - b(vRES/OCC-I.,D.ENTAL SEWE'R [451- REIMBURSEMENT AGREEMENTS. I301 - I The Public Works Director gave a staff report and provided background information. Councilman Skotnicki was excused from the Coun- cil Chambers at 10:46 P.M. A further report was given by the City Manager and the staff was authorized to retain the firm of Bement-Dainwood-Sturgeon to perform the necessary engineering work on the AyreslOcci- dental Sewer Reimbursement Agreements; and authorization was giyen for the expenditure in an amount not to exceed $3,000 for payment to the firm of Bement-Dainwood-Sturgeon for their services . Councilman Skotnicki re-entered the Council Chambers at 10:5.0 P.M. I [30] 27. AGENDA BILL #5092 - REQUEST FOR WAIVER OF [83] PUBLIC IMPROVEMENTS - SAM AND MARTHA GUARDAMONDO I Following a staff report by the Public Works Admin-istrator, William N. Sauer, Attorney for the applicants requested to be heard. Mri Sauer, 2965 Roosevelt St. - Suite H;Carls- bad stated his clients are seeking relief from the requirements of Section 1.8.40 of the Carls- bad Municipal Code or modification. of those requirements, which would require the construc- tion of public improvements.: Also 'required is the dedication of 5' along Highland. Drive and a Future Improvement Agreement. He explained these requirements. Further, Mr. Sauer stated he had a petition to submit signed ljy'36 resi- dents of Highland Drive opposing the widening of that street and pictures of certain portions of the street. . his clients reasons for seeking relief from I The Council recognized Mr. John McGill, 4304 Highland Drive, who spoke on behalf of the applicants and in opposition to the widenigg . of Highland Drive. Following Council discussion, the request for Section 18.40 of the Municipal.Code,'was denied. - waiver of application of the provisions of City Manager. [70] 28. AGENDA BILL #4040 - Supplement #1 - PRO- [81] BLEM BEACH ACCESS - 2445 OCEAN AVENUE. The City Manager reported on this matter and stated the Council had discussed this matter at a previous meeting in December, 1976 and instructed the staff to return with a report as to the possibility of obtaining land for the widening of the beach access. - 0 0 J I.r , CITY ' OF . CARLSBAD -12- June 7, 1977 ' The report' indicates that land for.widening.is. not avai1a:ble and at this point, the staff is seeki'ng further quidance from the Council, but is recommending the instiillation of,an 8' chain link fence which might help in resolving the pvohl em. Mr. Robert Kolb, 2480 Ocean Ave. and Mrs. Virginiz Boyden, 2424 Garfield St. were heard by the Coun- cil regarding the hazards of the beach access. Following discussion by the Counc'il, the staff was instructed to.return to Mr. Hamil to discuss the possibility of his participation in. sharing the cost with the City for the construction of an 8' chain link fence. C85l 29. AGENDA BILL #5093 - NOISE PROBLEMS. , . 'I The .!Administrative Assistant, Frank Flannen, gave a lengthy staff report on the noise proble'ms in the City of Carlsbad and referred to his re- port dated May 13, 1977. Mr. John McGill, 4340 Highland Drive and Col. Lou Rash, 4651 Hihgland Drive, were heard at length by the Council rwarding th.e problems of noise, specifically noise from the motot,.boats at Agua Hedionda Lagoon, loud bands'.and :motoh- cycles. Each urged Council. action by the adop- tion of a.Noise Ordinance. Further information regarding the problem of no'ise was given by the City Attorney. Lengthy discussion was held by .the Council and . it was the concensus of the Council. that the staff prepare a further report regarding boats on the Agua Hedionda Lagoon. I [28] 30. AGENDA BILL #5094 - AMENDMENT TO CARLSBAD [67] MUNICIPAL CODE - PERSONNEL BOARD APPOINTMENTS. C741 This matter was continued to .the adjourned regular meeting to be held June 14, 1977. I ~531 31.. AGENDA BILL 7~549 - Supplement #2 - PROPOSED [45] - CONTRXCT FOR CABLE TELEVISION CONSULTANT. I It was reported that Alta California Systems, Inc. delivered t.he -Phase I report on Cable Tele- vision on May .24,"?477 to the City Council and the staff was recommending that .the proposed con- tract for Phase 11, which will complete the re- view and evaluation of Cable Television 'franchise applications, be considered at this .time: Brief discussion was held and the following ~ . Resolutions were adopted: I RESOLUTION NO. 5112, AUTHORIZING THE CITY NANAGER TO CONTRACT WITH ALTA CALIFORNIA SYSTEMS, INC. I FOR CABLE TELEVISION CONSULTANT SERVICES. I - RESOLUTION NO. 511 3, AUTHORIZING THE EXPENDITURE. OF FUNDS FOR CABLE TELEVISION CONSULTANT SERVICES, COUNCILME: I ~ Mot'i on Ayes xxx Motion Ayes x, x x i CITY OF CARLSBAD COUNClLMEE - I) .. .. 0 -1 3- June 7, 1977 [86] 32. AGENDA BILL #5095 - PROJECT OZ - REQUEST FOR FUNDING. A report was given by the' City Planag.er regard- ing the request for funding by Project Oz. The Police' Department is recommending that the Council state its intent to fund Project Oz in the amount of $3,600 in order for Oz to get federal funding. This recommendation is being made due to the implementation of Assembly Bill #3121 regarding juveniles and the fact that Project Oz supplies the Police Department with means to deal with juvenile problems. Following discussion, the Council stated their intent to fund Project Oz in the amount. of $3,600, subject to the Council's review of the matter as part of any policy development which map arise out of the Needs Assessment Study. Mayor Frazee announced that along with Aj.enda Item #30, the following Agenda Items would be continued to the adjourned regular meeting to be held June 14,. 1977. [621 33. AGENDA BILL #509Q - NIMLO CONSTITUTIONAL C451 CHALLANGE TO FEDERAL UNEMPLOYMENT COMPENSATION E501 TAX. [28] 34. AGENDA BILL #5042 - APPOINTMENT TO COMMIITTEE ON SENIOR CI'TIZEN'S AFFAIRS. I . " .STEES AND COMMITTEE ON SENIOR CITI- ZENIS AFFAIRS. 11031 36. AGENDA BILL #5097 - APPOINTMENTS TO TRAFFIC . . .. SAFETY COMMISSION. ADJOURNMENT: By proper motion, the meeting was adjourned at 12:53 A.M. to June 14; 1977 at 7:OO P.M. in the Council Chambers. Respectfully submitted, rq2L-e MARGAR@ E. ADAMS, City Clerk .Nora K. Gardiner, Recording Secretary .1 No ti on Ayes X Noes xx Mot i on xxx Ayes X