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HomeMy WebLinkAbout1983-07-19; City Council; Minutes*. &! 1 L4 I . - -,. I, MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: July 19, 1983 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers I CALL TD ORDER: The Meeting was called to order by Mayor Casler at 6:OO p.m. 1 ROLL CALL was taken by the City Clerk as follows: Present: Council Members Casler, Lewis, Chick and Prescott. ?. Absent: Councilwoman Kulchin. INVOCATION was given by Mayor Casler. PLEDGE OF ALLM;IANCE was led by Councilman Chick. APPRCWL OF MINUTES: Minutes of the Regular Meeting held July 5, 1983, were approved as presented. Mayor Casler introduced Mr. Rick Graff, the new Manager of the Encina Waste Water Treatment Plant. CONSENT CALENDAR: Councilman Chick requested Item #9 be rmved from the Consent Calendar. .' Council confirmed the action of the Consent Calendar, with the exception of Item #9. I I I .'WIVER OF ORDINANCE "I' READING: i I I Council waived the reading of the text of all ordinances and resolutions at this meeting. (50) .' 1. AB #7443 - RATIFICATION OF DEMANDG AGAINST THE CITY. Council ratified the payment of demands against the City in the munt of $662,445.91, for the period July 1 to July 14, 1983; Payroll demands in the amount of $316,008.02 for the period June 20 to July 3, 1983 and Housing demands in the amunt of $56,158.26 for the period July 1 to July 14, 1983. 2. AB #7444 - APPLICATION FOR ECONOMIC DEVELOPMENT b::) AIMINISTRATION (EDA) JOBS ACT GRANT. Council authorized staff to apply for a Federal Grant to assist in the State Street storm drain project . (92) 3. AB #7158 - Supplement #4 - TWENTY-FOURTH SUPPLEMENT (45 1 'IO BASIC AGREEplENT - ENCINA WATER ~LLu"IoN CoNI'ROL FACILITY. Council adopted RESOLUTION NO. 7287, authorizing execution of the twenty-fourth supplement to provide 'authority to Vista Sanitation District to amend its contract with Brm t Caldwell for basic step 3 and special engineering services for phase I11 wrading and enlargement of the Encina Water Pollution Control Facility. I ~~ ~~ *% MEMBERS COUNCIL ~~ % % ?&$ r~ Z. J Casler Prescott X Chick xx Lewis X X Casler Presclott X Chick xx Lewis X X 80 MINUTES .' ,I I, \\\ ps 9%% q %% 1 July 19, 1983 Page 2 MEMBERS co"NclL\ CONSENT CALEWIAR: (Continued) 4. AB #74& - APPROVAL OF FINAL ENCINA BUXET. I I (92) 1 -1 10 7) 70 1 105) 78) 99) (99) 9) Council approved Carlsbad's share of the fiscal yea 83-84 budget, in the amount of $676,444.00. 1 5. AB #5702 - Supplement #5 - COMTRACT FOR LITTER mm To CARLSBAD BOYS AND GIRLS CLUB. Council adopted RESOLUTION NO. 7288, approving an aureement between the City of Carlsbad and the Carlsbad Boys and Girls Club for litter remval services. 6. AB #7446 - STREET T7ACATION FOR FOWIONS OF 6- AND LINCOLN AIIEEUES. I I I Council adopted RESOLUTICN NO. 7289, declaring its intention to vacate portions of Walnut and Lincoln Avenues. 7. AB #7447 - GRAKT APPLICATION FOR PARK RESTORATION ANI3 LJRE3AN RF,FORESTATION PROGRFM. Council adopted RESOLUTION NO. 7290, approvina the application for grant funds under the jobs bill, public law 98-8. 8. AB #7448 - TRFNSFER OF FUNDS FOR ASTFEA HELICOPTER. I I Council adopted RESOLUTION NO. 7291, authorizing the transfer of $7,100 from the Contingency Account for support of the Astrea Helicopter Program. I 10. AB #6871 - Supplement #2 - TENTATIVE MAP EXTENSION - CT 81-39 - COhAXl FIVE. I Council adopted RESOLUTION NO. 7297, approving an extension of time for tentative map CT 81-39 subject I to certain conditions. I 11. AB #6790 - Supplenent #3 - TENTATIVE MAP EXTENSION - CT 81-13 - TAMARACK HIGHUWDS. I Council adopted RESOLUTION NO. 7298, approving an extension of time for tentative mp 81-13 subject to certain conditions. ~ I I ITEM REMOVED FRcEn, THE CONSENT CALENDAR: 9. AB #7436 - Supplement #1 - TENTATIVE MAP CT 83-9 - PRNJXNA CORPORATIONI. I I Councilman Chick referred to the wall map of the area surrounding and including the subdivision in question and commented this map hadn't been seen previously. He stated he felt the developer was being asked. for mre than he should be with the second road requirement being triggered by the sale of the last 12 to 15 lots. Councilman Chick recomnded a condition be added t.0 allow for reimbursemnt agreement, special district to be formed or some other means of mnplying. *. .I 1, I (7 (5 . ac: MINUTES COUNCIL \\$ 5 %9 /o &+? A July 19, 1983 Page 3 MEMBERS Z. 6 Z. The City Attorney stated he had discussed this with the developer and the developer had reaffirmed his understanding that there are substantial off-site improvements, and again expressed his understanding that the development must be able to stand on its own and their requirement to bond for those improvements before final mp. The City Attorney also noted that the existing wording would allow an assessment district to he formed. Council adopted the following Resolution: Casler X Lewis X RESOLUTION NO. 7292, APPKWING WITH COPJDITICNS A 138.- Chick X I UNIT TENTATIVE MAP (CT 83-9) ON PFOPEFiW GENERALT;Y LlxATED ONE MILE EAST OF EL CAMIN0 REAL AT THE xx Prescott ZONE. EASTERN TEFMINUS OF SUNNY CREEK ROAD IN THE R-E ORDINANCES FOR nvTRoDUCTION: '0) 12. AB #7439 - Supplement #1 - USE OF SAIL l3OAIU)S ON INNER POFS'ION OF AGUA HEDIONDA LAGOON. Council introduced the following Ordinance: xx Lewis X Casler ORDINANCE NO. 3161, AMENDING TITLE 11, CHAPTER 11.24 Chick BY THE AMENDMENT OF VARIOUS SUBSECTIONS OF SECTION 1 1.24.032 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW X Prescott mm. BOARD SAILING IN THE INNER FORTION OF AGUA HEDICNDA. 39 1 13. AI3 #7434 - Supplement 81 - DELFTION OF MASTER PLAN "107 AND SPECIFIC PLAN SP-161 AND Al?PROVAL OF SUBDMSION AND PL?JWED UNIT DEVELOPMENT - CT 82-24/l?t" 49 - SEAGATE. Councilman Chick questioned the sprinkler requirement in buildings prior to final occupancy, stating he felt this was an added expense that could later be unnecessary when a fire station was within the required response time. He made a mtion this be stricken from the Ordinance. The mtion died for lack of a second. The City Manager stated,many areas are now mre than five minutes from a fire station, but will not be when all the planned stations are completed. In the southwest quadrant, the Fire Chief has remanded the projects be sprinklered until the fire station is built. However, the Fire Chief will bring a report to Council to approve a fire station site in that quadrant, and if a station is shown in the master plan, the condition wilI no longer apply. Council introduced the following Ordinance and acbpted Casler X the following Resolution: (one mtion) Lewis xx Chick X 0RDIf;rANCE NO. 9695, RePEALING 0RDINAF;ICE NO. 9407 , Prescott X MASTER PLAN MP-107. I SPECIFIC PLAN SP-161 AEaD RESCINDING RESOLUTION NO. 3126, &l *t I MINUTES I :991 (31) (85 1 July 19, 1983 Page 4 COUNCIL \\k Zio 4 %% ? MEMBERS % %% ORDINANCES FOR INTRODUCTION: (Continued) RESOLUTION NO, 7294, APPROVING WITH CONDITIONS A 288- UNIT PLANNED UNIT DEVELOPMENT AND SUBDMSION c" 82- 24/PuO-49 ON PROPERIT GENERALLY LOCATED ON THE EAST AND NOKI'H SIDE OF PASEO DEL Nom, SOUTH OF PALOMAR AIRPORlf ROAD. ORDINANCES FOR AaopTION: 14. AB #7435 - Supplement #1 - MASTER PLAN A"ENT AND TENTATIVE MAP FOR HEP GRCIVE - "-1 (A)/CT 83-7 - DEVELOPMENT CONSULTANTS, Council adopted the following OrZinance and the Casler X following Resolution: (one motion) Lewis xx Chick X ORDINANCE NO. 9694, AMJ3NDING ORDINFNCE NO. 9250 TO Prescott X REVISE THE ACREAGE AND NUMBER OF LIVING UNITS IN UNIT B OF THE HOSP GIiovE MXTER PLAN LDCATED AT THE SOUTHWEST CORNER OF EL CAMIN0 REAL AND HOSP WAY. REsoLuTIOId NO. 7293, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 83-7) ON PROPEwry GEN3-Y LCCAmD AT THE SOUTHFaEST COIWER OF EL CAMIN0 REAL AND HOSP WAY. 15. AB #7418 - Supplement #1 - A"DING THE CARD ROCM ORDINANCE. The Council voted to continue this item containing Casler X Ordinances 6069, 6070 and 6071 until a full Council is Lewis X present. Chick X Prescott xx PUBLIC HEARINGS: 16. AB #7449 - POINSE'ITIA LANE BRIDGE EIR. Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, using a transparency showing the proposed Poinsettia Lane bridge. Mr. Holzmiller stated two points should be clarified. A great many times the EIR on a project and the design for the project are considered concurrently, but this is not the situation on this project. The final design of the project will be determined at a later date. This hearing is not to determine the approval or denial of the project or the design. Mr. Holzmiller continued, stating the second issue is the two mjor issues of noise and security. Staff and the Planning Comission wanted it clearly recognized that these two issues are definitely concerns of the EIR and should be mitigated before the final map. Mitigating conditions would include a wall, landscaping and a security fence. Mr. Holzmiller stated the City Engineer would discuss these issues in detail. *. ac33 .I i, MINUTES @ COUNCIL \R *% % PL$ % July 19, 1983 Page 5 MEMBERS 0 Z. +% @ Z. f PUBLIC HEARINGS: (Continued) Roy Kackley, City Engineer, using transparencies, explained the alignment of the road had been changed ding it farther north of the mbilehm park wall. concrete and skirting on the bridge have been included. The transparencies shuwing the elevations of the roadwaj were explained and the position of the security fence and wall. In answer to query, Mr. Kackley stated the height of the wall had not been determined. Councilman Prescott questioned the effectiveness of the wall to reduce the noise level and wanted to have assurance the expenditure of that mney would be worthwhile as far as benefits derived. Council added as additional mitigating measures to the Casler xx EIR, the requirements for a solid wall and security Lewis X fencing. Chick X Prescott X 1 Also, aesthetics have been considered and texturing of Mayor Casler opened the public hearing at 6:42 p.m. and issued the invitation to speak. Mr. Hiram Hoskin, 7307 San Luis, Legislative Director of Lakeshore Gardens Association, addressed the Council, expressing the concern of the Lakeshore Gardens Association regarding the noise impact of this proposed project. Mr. Hoskin's comments are attached to the Minutes as a part of the record. Councilman Lewis asked Mr. Hoskin haw he felt about the additions voted by Council, and he stated he could not speak for the Association, but personally if that solved the problem, that would satisfy him. Mrs. Louise Gatterdam, 7004 San Bartolo, addressed the Council on her concern for the security of the residents living near the wall of the park. She reconmended a security fence be installed on top of the park wall along the north, the west side of the RV storage area and along the railroad track from the northwest corner of the wall up to the bridge. Mrs. Gatterdam's consnents are attached to the Minutes as a part of the record. Mrs. Ethel Tucker, 7221 San Miguel, was recognized by the Council, and spoke as President of the Lakeshore Gardens Association, expressing concern for the noise impact and security problem and stating she felt these two item had not been adequately addressed in the EIR. Mrs. Tucker's comnts are attached to the Minutes as part of the record. Council recognized Mr. Paul Jones, 7011 San Carlos, who spoke reqarding the noise levels in the park, stating the prevailing winds blow from west to east, eliminating a great deal of the 1-5 noise as far as the mbilehome park is concerned, but this road noise will affect the park residents. He stated that a wall, to be of any benefit, would have to be at least seven feet high. I ~t i. (64) MINUTES a6 COUNCIL \\k 5 3 %' ? July 19, 1983 Page 6 MEMBERS % %% PUBLIC HEARINGS: (Continued) Mr. John Meyers, 7002 Carlsbad, addressed Council, asking to see the transparency showing the 40 feet from the north wall to the bridge. In response to his query, Mayor Casler explained to Mr. Meyers where the wall and fence would be located. Since no one else wished to speak on this matter, the public hearing was closed at 7:03 p.m. Council discussed the design and noise mitigating factors, which will be studied further as the final design is approached. It was also noted that input from the residents of the Park would be sought on the design of the project. Council, by minute mtion, certified EIR 82-6, to Casler X include the addition of the previously approved Lewis X mitigating measures, and authorized the City Engineer Chick xx to make application to the PUC. Prescott X RECESS : Mayor Casler called a recess at 7:09 p.m. and Council reconvened at 7:17 p.m. with four Council Members present. 17. AB #7440 - Supplement #1 - STREET LI(3HTING DISTRICT No. 1. Roger Greer, Utilities Director, gave the staff report as contained in the Agenda Bill and stated the level of assessments had been reduced between 32 and 38 cents. There were no written protests filed and it was determined no public protests had been made to the district. Mayor Casler opened the public hearing at 7:19 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed. Council adopted the following Resolution: Casler X kwis xx RESOLUTION NO. 7295, CONFIRMING A DIAGRAM AND Chick X ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY. Prescott X 18. AB #7414 - ZONE CODE AMENDMENT REVISING THE PLANNED INDUSTRIAL ZONE - ZCA-166 - CITY OF CARISBAD. Mike Holzmiller, Land Use Planning Manager, gave the staff report using a transparency showing the Comparison of Existinq and Proposed P-M Zone and explained the changes contained in his memorandum dated July 18, 1983. Mayor Casler opened the public hearinq at 7:23 p.m. and issued the invitation to speak. .$ ac 1 MINUTES K - ., July 19, 1983 Page 7 PUBLIC HEARINGS: (Continued) Mr. Mike Straub, President of Chanber of Comnerce, addressed the Council, stating the Industrial Comittee had reviewed the proposed change and staff had address the majority of the problem and questions they had on this Ordinance. Mr. Straub's conanents are attached to the Minutes as part of the record. 1 1 Mr. Jim Harter, Huntington Beach Conpany, addressed the Council, thanking them for allowing time to review this Ordinance. He indicated the changes proposed by Mr. Holzmiller addressed their concerns. He stated that 80 days could pass with no action, and he would rather see the Ordinance read if no action were taken, it would be approved rather than denied. Since no one else wished to speak on this item, the public hearing was closed at 7:29 p.m. Mayor Casler stated a copy of the letter Mr. Harter wrote regarding this Ordinance had been included in the packet. The City Attorney comnented the 80-day period and denial is no action, is consistent. Mike Holzmiller, Land Use Planning Manager, stated the 80-day periods are the maximum time periods allowed, and that would not be the usual amount of time that would be used by anyone. Councilman Chick stated he was not comfortable that all information was available and would like to have mre input. He suggested staff have a meeting with all interested parties to address concerns. The Council continued this item for further study to the August 16 meeting. DEPAII?MENTAL AND CITY MANAGER REPORTS: Maintenance: i5) 19. AB #6360 - Supplement #1 - REmTSE COLLECTION RATE INCREASE. ) Bill Baldwin, Assistant City Manager, Maintenance, gave the staff report as contained in the Agenda Bill, using a wall chart to shw coqarison with six other cities as far as rates. Upon discussion, it was determined that though calculations had been checked, figures submitted by Coast Waste had not been checked as to accuracy. Council continued this item for staff to check the figures presensted by Coast Waste Management and return to Council. \p 5 COUNCIL 3 % MEMBERS % $ Casler Lewis Chick Prescott X Casler Lewis Chick X Prescott h \ X X X X X X X X (2 0 si 'I , MINUTES July 19, 1983 COUNCIL /\k % %' ? Page 8 MEMBERS % %% DEPARTMENTAL AND CITY MJGER REFOFTS: City Council 20. FB #7450 - VOTING DELEGATE - ANNUAL LEAGUE '' 8 I CONFERENCE. The Council appointed Councilman Presmtt as the voting X Chick Conference October 2 through October 5, 1983. X Lewis delegate to the League of California Cities Annual xx Casler Presmtt X (103) 21. AR #7442 - TRAFFIC SAFETY C0M"SSION APPOINTM.?.. The Council adopted the followinq Resolution: X Prescott TRAFFIC SAE'W COMMISSION. X Chick RESOLUTION 7284, APPOINTING JEFF PUNCHES TO THE CARLSEW) X Lewis xx Cas ler (28 1 22. AB 87421 - PERSOMNEL BOARD APEOlXIPEXE e Council adopted the following Resolution: X Prescott CARLSEAD PERSONNEL BOARD. X Chick RESOLUTION NO. 7263, APPOINTING DCNW VAN RIESEN TO TEE X Lewis xx Casler Mayor Casler announced her intention to appoint Donald Veale . Developmental Services (81) 23 a AB #7380 - Supplement #1 - PUBLIC SAFETY AND SERVICE CENTER MASTER PLAN - SITE DEvEL@mm. Ron Beckman, Assistant City Eanager, Developntal Services, gave the staff report as contained in. the Agenda Bill. The representatives from the architectural firn of Wendell Eounce continued with the report referring to a report presented earlier to the Council Members. (Not furnished to City Clerk for file.) They displayed slides shaving the proposed site plan and showed a miniature m.el of the project site. Council accepted and approved the Master Plan: Site Casler X Development for the Public Safety and Service Center. Lewis XX Chick X Presmtt X COUNCIL REFQm: Buena Vista Lagoon Councilman Chick reported on the Lagoon Day to be held July 30, 1983, stating there will be no request for funds from the City. II I' ,' I MINUTES 1 :2 (E 0 COUNCIL \\k 5 %9 0 L8 A 3 July 19, 1983 Page 9 MEMBERS % $% COUNCIL REFORTS : Parks & Recreation Comission Councilman Lewis gave a report on the recent meeting. 1 Mayor Casler reprted on the beach and lifeguard situation and requested mre information from Parks & Recreation Director. Dave Bradstreet, Parks & Recreation Director, gave a. further report on this subject. Senior Citizens 8) Mayor Casler announced the following Cornittee for the temporary long-range planning cormittee for the Senior Citizens' Center: Parks & Recreation, Shirley Dahlquist; Senior Citizens, Dennis Watkins; Historical Society, Marge HowardJones; City Council, Councilman Lewis; and Planning Comnission, Mary Marcus. The Cornittee will meet starting in September. Mayor Casler announced the Board of the Senior Citizens will now meet the second and fourth Wednesdays. She stated she could not attend the fourth Wednesday and Councilman Prescott volunteered to attend when necessary, OFF-AGENI1A ITEM: Councilman Prescott requested an off-agenda item on the X Prescott X Chick X Lewis Outer Continental Oil Drilling, and Council concurred. xx Casler 18) Councilman Prescott stated the task force had heard testimony and had fimd up a stand, which had been recommended to SAEIDAG, A copy of this had been provided to Council, He remmended Council take a position in opposition until questions about interference with Naval operations, air quality and environmental concerns can be answered. Council agreed to take the position recornending that Casler xx problems with regard to interference with Naval Lewis X opera.tions, air quality and environmental impact should Chick X be solved before approval is given for offshore oil Presmtt X 1 drilling. CLOSED SESSION: Council adjourned at 8:33 p.m. to a closed session, and Wayor Casler announced that labor mgotiations and personnel would be discussed. Council remnvened at 9:49 p.m., and Mayor Casler announced that instructing negotiation team in meet and confer had been discussed, and no action was taken. }Y i j. I d< MINUTES \\y 5 July 19, 1983 page lo MEMBERS COUNCIL ?p&T Z. 0 Z. AIxsouRNMENT: By proper mtion, the meting was adjourned at 9:50 p.m., to Tuesday, July 26, 1983, 6:OO p.m. in the Council Chambers. Respectfully submitted, ALE;THA L. RAuTEmFmJz City Clerk Harriett Babbitt, Minutes Clerk '.* * P57 k3 e Mayor Casler, Members of Carlsbad City Council and Carlsbad citizens. My name is Ethel Tucker. I reside at'722l San Miguel, Lakeshore Gardens, Carlsbad. I am the President of Lakeshore Gardens Association, Chapter 863 of the Golden State Mobile Home Owners League. I represent approximately 700 residents of Lakeshore Gardens, and e some are present this evening to make sure'that I deliver their message. ( I refer to AB 7449- agenda7/19/83 ) For several monthsye have met with the following City Departments: Land Use Planning, Builing and Planning, Engineering, Mayor Casler and some of the Council members. These meetings were held at City Hall and Lakeshore Gardens with regard to the Poinsettia Bridge. At the February 15, 1983 City Council meeting we were shown designs for I .- the building of the Poisettia Bridge by Mr. Al Kercheval, Civil Engineer. The Council awarded the contract to Mr. Kercheval for the design of the Poinsettia ' Bridge and roadway improyrements from 1-5.to Carlsbad Boulevard. The monies were to be taken from a Trust fund, where Occidental Properties, Lusk Properties and Sequoia Pacific' ( Lakeshore Gardens ), all Developers who contributed money towards this project, plus $60, 000. 00 from the City of Carlsbad. We are aware that this Design project has to be completed by October 1, 1983. We are also aware of the fact that the Poinsettia Bridge and approaches, if not started by February, 1984 for Occidental Properties and by May, 1984 for Sequioa Pacific ( Lakeshore Gardens Properties ) monies will have to be returned to the Developers. I) ~ ~~~~ ~~ . r .I . Howeve'r, the fault does not lie with Lakeshore Gardens Representatives, who have met with City Departmdts so many times who have not once come ' up with answers to 2. important requests that'we have made: Noise Abatement and Security for Lakeshore Gardnes 'North Wall and Recreational Vehicle Center on North West Wall where expensive Motor Homes are housed. On 2 separate occassions we have sent 15 questions to the City Engineering Department which inc1,uded Noise Abatement and Security, but to. , 0 date, we feel that these 2 items have not been covered adequately. We realize that Poisettia Lane is designated a Major Arterial in the City of Carlsbad's General Plan, thus giving the City of Carlsbad the East, West route that the City has planned for. j. .. 'I The Goal of the Noise element is to achieve and Maintain an Environment Free from Excessive or Harmful Noise through Identification Control and Abatement'' I' Housing,has a critical relationship to the Noise Element because of the sensitivity of residential units to noise. The Home is a focal point for leisure activities. Noise impacts in residential areas are of special - significance because of their potential for disturbance of leisure activities and interference with sleep . It I quote this from the Noise Element of the City of Carlsbad's General Plan where other reasons are given to Noise Abatement We feel that there are many contradictions in the Draft Environmental Impact Reprt, 82-6 - March 1983 with regard to the Noise Abatement. Amtrack hperates 6 daily passenger trains from San Diego to Los . Angeles and Los Angeles to San Diego. Three ,freight trains pass through Carlsbad daily after 5 P. M.. The clacking noise by trains resulting from friction of wheels at the rail joints at present is very noisy and disturbs sleep. t \JI / 7 3 .' r With the additional traffic from the Jewett Property and Sea Bluffs which will come down Avenida Encinas to go to the Ocean, the traffic from the Condominiums East of the ! oinsettia 1-5 existing bridge, plus other traffic coming from Camino Real East To West, we feel that this has not been condidered. We suggest further study on Noise Abatement and Security be undertaken. At this time, I want to correct the City Manager's Report of July 15, 19'83 that mis stated "Ekeshore Gardens residents will 'turn out at Council Meeting _I e July 19 to Oppose proposed Poinsettia Road Bridge over the Railroad. Agenda actio. -. is to approve the EIR for the bridge project. I( We are definitely not oppossed to this project but feel it should not be passed at this time until further study is made 03 Noise Abatement and Security. In conclusion, we are asking that certification of the Draft Environmental Impact Report be held up by the Council at this time, and that the Council direct the City Engineers to recommend whatever is nercessary to adequately mitigate the effect of noise on our Mobile Home Park residents and [in c.onjunction with appropriate City Departments to provide adequate Security for our Lakeshore Gardens Residents and Lakeshore Property on the North and Northwest Walls. Perhaps Council may wish to set a time limit for this mitigation so that the Draft Environmental Impact Reprort can be passed as soon as possible. Thank you for your co.nsideration. e 9 .I * irr IVIayor Casler and Council Members: My name is Ziram Zoskin, and I reside at 7307 San Luis in Carlsbad. I am legi$#at$ve d@rect@r @f the Lakeshore Gardens Association, Chapter 863 of the Golden State Mobile Iiorne Owners League. As d-irected by our President, Dr. Tucker, I am here to represent the Lakeshore Gardens Association. We wish to object to certification of the Draft Xnvironmental Impact Report on the widening and extension of Poinsettia LBde west of 1-5 to Carlsbad Boulevard. rl) We are not opposed to the Poinsettia project as such; but, after several of us have studied the report, we believe that the EIR and the Recon report on vkch it is based, contain some serious errors and contradictions. While vie have severhl complaints, our chief objection is that the report erroneously minimizes the impact of noise from this project on our mobile home park, and that it fails to recommend adequate mitigation of that noise. It is obvious to us, and I am sure to you, that an elevated road carrying 5,000, and ultimately l4,OOO vehb%les, including trucks, a day, up and down an incline, with shifting of mrs, blowing of horns and sq.uealing of brakes, will cauge intolerable noise. In fact, the EIR itself, after stating that llnoise levels of 65 decibels are considered normally unaccept- able for residential land use fl' (p.23), goes on to say that "noise contributions from the builtout road exceed 65 decibels" p. 22) In an attempt to get out of this dilemma, the report says that Itthe existing wall around the mobile home park would 9 ., . /r Y attenuate tne noise to a satisfactory level below 6G decibelst1 (~~22). This is a strange conclusion in view of the fact that the 5 foot wall is or the most part considerably below the proposed road embankment. Then the report, i.B! attempting to justify its con- clusion that the effect of Poinsettia noise would, in result, be negligible, says that adding the noise from Poinsettia to ? the existing noise from 1-5, Carlsbad Boulevard and the Santa Fe would not increase the noise! (p,23) This is like saying that if 2 plus 2 = 4, then 2 plus 2 plus 2 still equal 4! To take an even more absurd example: by this reason- ing, if you wjre to build similar elevated road projects on the other three sides of the park, there would. be no addtional noise to affect park residents, In further support of our position, we respectfully direct the attention of the Council to the Noise Element of the City of Carlsbad General Plan prepared by the City Plannin Department. This Plan, after pointing out that *tnoise impacts in residential areas are of special significance because of their potential for disturbance of leisure activities and interference with sleep" states *!The goal of the noise element is to achieve and maintain an environment which is free from excessive or harmful noise through identification, control and abatement , IT After pointing out that %ighway and street traffic noise is the most extensive noise problem faced by Carlsbad, tne Plan states$ "Vehicular noise has three main component 1' sources: engine noise, exnaust noise and tire noise. The in- tensity of noise emissions . . . may also vary with other I' I 'v- ." < factors, such as speed, acceleration, braking, grade," It mphasizes the probLern of noise from motorcycles and motor bik The plan established a policy thafPthe city shall $rotect the bearing and well being of Carlsbad's residents by controlling and abating harmful or undesirable sounds through planning and regulatory process1'. It recommends the adoption of a noise ordinze and construction of barriers. e In conclusion, we are opposed to the certification of this E12 until it recognizes the noise problem and recommends adequate mitigation. I would like to have this made part of the record. Thank you for listening to our presentation. t I LOULS~ a.kaLLeraam r 7004 San Bartolo Carlsbad My name is LOUISE GATTERDAM. I live in Lakeshore Gardens Mobile Home Park - specifically 2 coaches east of the RV storage area right along the north wall of the park. First picture if you will Poinsettia running all along the north wall and rising up starting from Avenida Encinas to a 30 ft height over the railroad track. Along this north wall many pedestrians use the way to get to the beach. 0 Therefore, I am particularly concerned not only for the security of those of us along the wall, but the safety of the entire park. I understand there will be a 3 ft clearance starting at the bottom of the slope up to the wall. What would prevent people from climbing over the wall into our park? Wnat would prevent people from throwing cigarette butts, bottles, etc. from the roadway over the wall? What would prevent a fire from something thrown from the roadway; thus exposing the entire park to a dangerous fire storm? What would prevent a fire from starting in the RV storage area and thus again into the entire park? As to security - we have had several instances where persons have climbed over the wall into the park. In fact, my two grandchildren at the ages of 8 and 10 easily came over the wall. You are probably aware of the fact that we have had several robberies in the park and this easy access would accelerate the possibility of a repeat performance at any time of day or night. There is considerable foot traffic in the area now, and with all the new developments going in along Poinsettia east of the 1-5 overpass, and with the bridge and road there will be more and more foot and vehicular traffic. 0 Page 1 of 2 I ., ..' Louse cracLeraam / -1 v Page 2 The security and safety of our homes, yards and vehicles will certainly be in jeopardy. Even if sidewalks are provided and there is heavy landscaping, we do not believe that is enough. In fact, what will happen in the years until the landscaping grows? Some will use the sidewalk, of course; others will accept the heavy landscaping as a challenge - and more foot traffic along the wall means more @ possibility of vandalism and theft. We respectfully request that consideration be given, in addition to the sidewalks and landscaping, a 4 or 5 ft. chain link fence with prongs on the outside, be installed right on top of our park wall along the entire'north wall as well as along the west side of the RV storage area and along the railroad track from the northwest corner of our wall up to the bridge, so as to completely block off the possibility of any pedestrian or bicycle traffic. It is my understanding that funds are available for this and,we urgently request that serious consideration be given to all the resideni of our mobile home park. Therefore, we ask that approval of the EIR be withheld until we are given assurances that this request is being considered. (I would appreciate this request being made a part of the minutes of this meeting) e /d I .. a ()F?:cI.& :jyK:E$jb.i\'[ CAWSBAD LYPM3Z:tl (X CWhtERCE By Mike Straub, President CITY CXILTNCIL MEkTIM; July 19, 1983 Sub-ject: KLViSi:.NS To P.M*Z~.~!w {'r'LWNEU if~J[)US'TK!AL) e /OU .. July 18, 19KY Mayor Cusler, rnerrbcrs of the c&uncil, 1' 3 !)like Strmb, presi&.nt ~f the Carlsbad Chrmkr of Cbrmx-ce. At the June 22, I983 Cuuxil meting, yal delayed takirg action on revising the Planned Industrial Zone (P-hf) e Subsequent to that meting, I asked staff and Mr. Bruce Liska, chairman of ow Industrial ikvelopnt Cdxnmittee, e0 review the prcposed changes. Overall, we generally agree with the proposed state of the zone charges. We believe the intent is positive and sets the tone for qualitv development. Howecrer, we do have a number of concerns which have ken discussed with Citv staff : "" First, it is our opiiTio2 t:;at SL scatemnt should be included i.n .the ordi..nar;ee relative to grandr^athe.ring s Second, section 21.34.030(f), pgt: 5 ~ snauic? FncTzr!c, :i provision for financial institutiom* Third, where section 2?.34.040, page 5, prcsviid,es for residential uses, every step should be taken. to protect the air corridors in and around the Palomar-McClellan Airpert. Encrwchnent by a housing rnix could be detrimental to the productivity of firms now operating 85 Palomar-McClellan Airport (e .g. Hgghes kl.icopler). Fourth, although it could be argued that section 21.34,0561( a j , page 5, is consistent with tne revim process for other zone/orciinmces, w* would caution that it coulu becm overly subjective and eazse delay and additional. casts to the developwnt process if v~3f; &rn.i.nistered proper1.v. dqv& &&L+ e /u r “. . Fifth, the addition of section 21.34.07G(b)(6) may - be overl.y restrictive in the 10% requirement. Sixth, the final sentence of ,section 21.34.110(a), pragraph 3, has been included f5r legal reasons. However, Sased on cwrent practice, we are bopeful that staff’s flexibility is not mitigated i.rt te.~m of raking needed changes. Current practice and the intent of the senti7nc.e :nay k ir. conf Xi c t . 0 Thank ycu for giving the Chamber. the oppxtlmity to ;mc;vitxc :(?E> Chuncil wi th this input . ki;#jiij# 0 -..* . .. Huntington Beach Company' + ~ 2110 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2499 (714) 9604351 ., JAMES M. HARTER VICE PRESIDENT -OPERATIONS July 11, 1983 .. t. .\ ,. 1 ' ;I ., .. . Mayor Mary Casler City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 0 Dear Mayor Casler: I would like to thank you and the, other members of the City Council for continuing the public hearing on the zone code amendment revising the P-M (Planned -Industrial) zone. The Huntington Beach Company has used the additional time to review the proposed amendment and discussions have been held with the City's Land Use Planning Manager. As a result of the review and discussions, three revisions to the proposed amendment are suggested. Paragraph 21.34.060 (Page 7). requires all industrial subdivisions to file an . application for a Planned Industrial Permit, presumably along with the proposed subdivision map. This requirement should be made optional to the applicant, i.e,, industrial subdivisions "may" apply for the permit, It is impractical and unreasonable at the time of a major land subdivision to know the types of and uses, building and landscaping configuration, and the combination of lots to be sold to or built out for individual users. The Planned' Industrial Permit is intended to control (to a degree) the improvements built on subdivided lots, not ' the subdivision itself. The Subdivision Map Act of California and Title 20 of the . Carlsbad Municipal Code control subdivisions. Likewise, Paragraph 21.34.120 implies that a Planned Industrial Permit is required in order to receive approval of a Sinal Subdivision Map. Again, it isn't . practical to know the users, configurations, etc. at the time of subdivision. . Also, the word t'permitll is used twice in that paragraph but. presumably they are different permits. The second "permit" should be clarified, i.e., Planned Industrial Permit. The phrase "Planned Industrial .Development" is used. throughout the amendment. However, there is no clear definition of what that phrase includes. From the intent of the ordinance, it apparently includes single buildings, industrial condominiums and planned unit developments, not major subdivisions. It is suggested that this phrase be defined to elirninate any misunderstanding. -_ D. .. ~~ ~ .~~ ~~ . ._ ti c /UJ ..& - . - .. ” Page 2 d< c The above suggestions have been discussed with the Land ’Use Planning Manager and it is believed that he concurs with them. It would be appreciated if you would enter this letter into the, public hearing record. ,@ g-..&& Very truly yours, ’, JMH~ - ” cc: Mr. Richard Chick Mrs. Ann J. Kulchin Mr. Claude A. Lewis Mr. Robert B. Presrott Mr. Mike Holzrniller , .. ..