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HomeMy WebLinkAbout1978-04-18; City Council; 5294-3; Planning Moratorium - 2nd phase sewer allocation' 'CTTY' 'OF 'CARLSBAD ............... 'APRIL' '18, 1978 DATE:' - GE.PARTMEP{T:' ' '' ' . " ' ' ' 'PLANNING ........ ............ ..................... Initial : Dept. ttd. City Atty City !lgr. - --- PLANNING MORATORIUM - SECOND PHASE SEWER ALLOCATION SYSTEf4 SU i33 ECT : .... -. .......................... 1_-- ................... 'S t 6.t enien' t '0' f 't Ii'e 'M a t' t e r The planning moratcriua was originally established by the City Council along with a moratorium on the issuance of building permits last April 26, 1377, a3d subsequently extended to August 25, 1977. The planning moratorium will expire on April 26, 1978 unless the City Council. takes an action to partially or fully extend the moratorium. The several possible directions available for the City at this time are a matter of policy. Based on general research with other cities having problems with planning and sewer moratoriums, it is staff's opinion that to allow planning processes to continue with the knowledge ' of the lack of sewer capacity would expose the City to substantial liability. Based on this specific findiny,it is staff's recommendation that the planning moratorium as it was originally adopted be &tended until the Second Phase Sewer Allocation Systen is fully developed and adopted. Since City Council cannot find that sewer will be available when in fact it is not, it is further recommended that City Council request staff to amend t.he City's General Plan and Zoning Ordinance to reflect the current sewer situation and develop a Second Phase Sewer Allocation System. EXHIBITS Letter to City rqanager from Mr. Hagaman dated April 11, 1978 Ordinance 7048, 7049, 7050, 7052 Ordinance No. 705.3 RECOMMENDATION If City Council concurs with staff's recommendation to extend the planning moratorium for one year, adopt Ordinance 80. 7053 , (4 votes required), and instruct City Attorney and staff to prepare necessary documents to amend the City's General Plan arrd Wwhy Ordinance tu reflect the current sewer situation. -_I- If the City Council disagrees with staff conclusions and determines not to extend the moratorium, they should request that the Public Facilities element of the General Plan be amended to allow approval of proposed developmental projects. FORM PLANNING 73 I- ”- AGENDA BILL NO. 5294 - Supplement #2 April 18, 1978 Council action 4-18-78 Ordinance #7053 was adopted to become effective April 25, 1978, continuing the Planning Moratorium due to the unavailability of sewer service. DATE : APRIL 11, 1978 TO : CITY MANAGER FROM: Planning Director SUBJECT: PLANNING MORATORIUM - SECOND PHASE SEWER ALLOCATION SYSTEM BACKGROUND The planning moratorium was originally established by the City Council along with a moratorium on the issuance of building permits last .. April 26, 1977, and subsequently extended on August 25, 1977. The planning moratorium will expire on April 26, 1978 unless the City Council takes an action to partially or fully extend the moratorium. City Council, prior to adopting the moratorium, was presented with a report which indicated that the City was approaching its capacity limits in the Encina Sewer Treatment Plant. The Council adopted two moratoriums prohibiting both the issuance of building permits unless sewer was available and prohibiting the acceptance of applications for new planning approvals. The Council subsequently adopted a First Phase Sewer Allocation System to essentially take care of those persons, known or unknown, who were affected by the sewer moratorium while they were in the process of obtaining approvals for developments at that time. The planning moratorium as it now stands, essentially prohibits all processing and approvals of discretionary entitlements withi.n the City with the exception of those areas served by San Marcos'and Leucadia County Water Districts with specified exceptions, ice., previous legal commitment to Plaza Camino Real Shopping Center, annexation of Palomar Airport, approved alternate sewer system, approvals which are determined not to increase sewer demand, and more recently, zone change requests. A Council Committee was appointed, and after working with City staff, developed the First Phase Sewer Allocation System which allocated the City's first sewer in December, 1977. A subsequent revision to the First Phase Sewer Allocation System allocated sewer in April, 19'78. During the deliberations on the First Phase Sewer Allocation System meetings and subsequent Council meetings, staff was directed to com- mence preparation of a Second Phase Allocation System. The staff in their research on Second Phase Sewer Allocation System has evaluated the entire General Plan and Zoning Ordinance as well as the current development processes in light of the reality that there, in all probability,will not be sufficient sewer available in the foreseeable future to meet demands. Staff work is continuing on this Second Phase Sewer System but as yet is not completed. The planning moratorium, which is to expire on Apri.1 26, as previously stated, can under the State Planning Act be extended for one additional year. Staff has taken the steps necessary to notice this hearing to consider the matter for the City Council meeting of April 18, 1978. L C. Page 2 April 11, 1978 Subject: Planning Moratorium - Second Phase Sewer Allocation System DISCUSSION As the staff views the planning moratorium, there are several possible directions available for the City at this time. The directions am a matter of policy and should be considered as such and weighted as a matter of possible effects on the future activities of the City. The following discussion will explore some of those effects to assist the Council in their deliberations on this matter. The concern of what effect the total lifting of the planning moratorium will have on the City operation sections responsible for processing planning matters is substantially reduced over the last month, New employees have been and are being hired to fill vacancies. So, although there may be a rush of applications, there is now available staff in the Planning Department. A substantial amount of activity in the Current Planning Section is involved in sewer allocation explanations to land owners, citizens and interested participants in future allocations, processing applications on regular basis for those projects in the Leucadia and San Marcos County Water Districts and working on some of the various projects which have been backlogged in the department over a period of time when staff was not available. Based on the lack of sewage capacity and on research into this matter with other cities and their problems with planning and/or sewer moratoriums, we have concluded that it would not be reasonable to recommend that the planning process continue on an uninterrupted basis. These conclusions were developed in general by independent research of the City Attorney, Public Works Administrator, Planning Director, and the City Manager. In summary, it is our opinion that to allow the planning process to continue, knowing that due to a lack of sewer capacity the project might not be able to be built, would only expose the City to additional pressures and possible legal liability. This was a common finding in other cities in similar situations. Based on this, it is the staff's position that the planning moratorium, as it was originally adopted, be extended until the Second Phase Sewer Allocation System is fully developed and implemented, Some of the specific arguments for this position are as follows: 1. If the moratorium is terminated and new applications are accepted by the City, a false sense of optimism may be created for those people applying where it possibly should not exist, since there is little or no guarantee they will be able to obtain sewer for their particular project. 2. By opening the permit process, we essentially are encouraging the applicants to spend large sums of money on their applications without any established protection of a return on that expenditure if the project is approved. ... -. Page 3 April 11, 197% ' Subject: Planning Moratoriulm - Second Phase Sewer Allocation System 3, It is argued that valuable staff resources will be misused in handling new applications without knowledge of any capacity being available. 4. It has been pointed out that there will be a tendency for all applications to be constantly amended or changed to meet future City policies in terms of new proposed sewer allocation programs or a growth management program. This will tend to again load the processing system on a regular basis as new allocation systems arc developed. . Coiincil discussion in the past has indicated that there is some sentiment for lifting the planning moratorium, or at least lifting some pcrtions of it. Although we have not had an opportunity to discuss this at length with the City Council, our impression was that the primary Council concern, was that the inability of a person to receive discretionary planning approvals from the City, prevented them frm becoming eligible for sewer capacity. ~x The staff ha's concluded that the City should not contfnue to limit access to available sewer in allocation systems to those persons who already have planrii.ng approvals as was done in the First Phase Sewer Ail.occlLion Sys.tein. While it 1\7as appropriate in. the First Phase Sewer provide immediate relief to those persons that had been caught in the pipeline by the moratorium, that has essen.tiall-y now been accomplished. In the future however, it is apparent to thelstaff there are simply too many individuals who are in a "Catch 22" situation. F0.r instance, a persor: cannot obtain a final map without sewer and at the same time, the persorr cannot apply .for a sewer application without a final map approval. That situation now must be properly addressed in the Second Phase Sewer Allocation System in order to allow peop1.e to first apply for a sewer application and then once having received it, proceed /Allocation System to limit access since the Council efforts were to *. , through an orderly planning process. The First Phase Sewer Allocation System denied some individuals a chance to obtain a share of the City's available sewer capacity, and denied the City possible benefits of projects which might be desirable but which had not yet been approved. Staff, ibn order to resolve thc above dilemma within the legal constrains, recommends that an inciividual be al-lowed to apply for sewer allocation prior to obtaining the required planning approvals. The successful applicant woilld then be given adequate time to complete any necessary planning approvals. The details of the process will be worked out in the Second Phase Sewer Allocation System. moratoriun be maintained. This conclusion contains the most recent In order to accomplish this, it is important that the planning - - ** I, . Page 4 April 11, 1978 Subject: Planning Moratorium - Second Phase Sewer Allocation System knowledge available on the subject as well as your staff's best judgment. We feel that the Second Phase Sewer Allocation System should consider these three elements of change in our land use processes. 1. A General Plan Amendment 2. A Zone Code Amendment 3, Adoption of a Second Phase Sewer Allocation System The General Plan Amendment An amendment to the General Plan would reflect the reality of a lack of sewer capacity and indicate that all land use approvals and develop- ments contemplated by the plan were conditioned by and subject to pro- vision of sewer service, the availability of which would be determined in accordance with such an allocation plan and/or growth management plan as the Council might develop. The General Plan which details how our community will develop must reflect the lack of capacity we are experiencing so our planning and the developers' expectations will reflect the reality of the situation, The Zone Code Amendment The zone code amendment would carry forward the General PlarCqualifi- cation by amending into the zoning code, a qualification on all the City's zones. That qualification would essentially indicate that in addition to the development standards contained within the zone, it is not possible to build until a sewer permit is obtained pursuant to an adopted sewer allocation system, Second Phase Sewer Allocation System The Second Phase Sewer Allocation System would be substantially different from the First Phase Sewer Allocation System. The allocation system would be the first step in processing a City development, With- out a sewer allocation permit, it would not be possible to further process developmental approvals. The system would be much simpler to administer than the First Phase Allocation System that we have now experienced and would allow the Council to make specific judgments on sewer allocations at the time sewer became available, The Council would consider how to allocate available sewer into various land use categories and under what qualifications the sewer would be allocated. Such qualifications as no expenditure of public funds or limiting the number of permits for any one individual and/or project during a given year, providing sewer in only certain areas of town in order to accomplish certain community goals, would tend to limit those applying. Depending on availability of sewer, allocation could be made once or more times a year as Council considers appropriate. Once the individual qualifies in obtaining a sewer allocation, a reasonable time to secure all planning approvals would be allowed. If the approvals are not obtained within that time (under AB 884 not over one year), the sewer capacity could go back into the City's original reserve or go to the next individual in line, whichever the Council considers appropriate, The criteria 7 I *_ h I.. *‘ Page 5 April 11, 1978 Subject: Planning Moratorium - Second Phase Sewer Allocation System contained in the First Phase Sewer Allocation System could be modified and used. The skeletal outline of the points above describing the process could take care of all owner - developer initiated projects, however, city initiated projects such as General Plan Amendments, Agua Hedionda Lagoon plans and certain annexation could be allowed to process once the Council determined that in doing so, the require-” ments of the Public Facilities Element of the General Plan are met. STAFF CONCLUSION The staff has concluded that in light of the current and foreseeable sewer situation, a new approach by City Council should be explored. Council cannot find that sewer will be available when, in fact, it is not. We have concluded that the following steps should be taken by the City Council: 1. Extend the planning moratorium. 2. Amend the City’s General Plan, Zoning Ordinance to reflect the current sewer situation and develop a Second Phase Sewer Allocation System. If the City Council disagrees with these staff conclusions and wishes to make the determination not to extend the moratorium, it will be necessary to amend the Public Facilities Element of the General Plan in order to approve developmental projects. JCH: ldg .* .. 8 -1 ORDINA~ICE NO, 7048 -.\. . . .," 1. AN INTERIM OI?DI??ANCE. OF TIIE CITY COU?iCIL OF TIIE CITY OF- CI;RLSC*iD, CALIFO?2"JIA, ADOPTED AS AN URGKJCY E1EASUR.E PROBIBITIF~G TEE APPLI- CATION FOR AND APPXOVAL OF DISCRETIONARY APPRG'JALS PURSUXIT TO TITLE 20, OR TITLE 21, OF THE Cr'PLSBAD ;-IUNICIPAL CODE DUE TO THE UN- AVAILABILITY OF SENE2 SERVICE SUBJECT TO CERTAIN EXCEPTIOYS - .I WHEREAS, the City Council has by the aiioption of an Emergency Ordinance declared a City-wide moratorium on 'the issuance of building permits due to the unavailability of sewer .- se'rvices : ' and a WkEREAS, the Plenning Department will undertake, by direction of the.City Council, a c'omprehensive reviex 02 Title 20 regarding subdivisions, and Title 21 regarding zonings, in the . City of Carlsbad. Such review to take cognizmce of the problem of the.lack of sewer service and prepare reco,x.iendations as to whether or not the Municipal Code needs to be revised in order to deal with the situation in regards to discretionary 1ar.d use. approvals. of some form of allocation system in the event additional Such recoinmendations to also include consideration amounts Of capacity become available .to the City; and 'F?lIEREAS# ~& City Council has determined that it is necessary to protect the public safety, health and welfare to adopt'this urgency measure as an interim ordinance prohibiting .. 9 any further application for or approval of discretionary approvals to prevent. adding increased demand to an already insufficient amount of sewer capacity and to insure that CUI allocation system, *. if adOptCd, fairly can apply to all. ' EiOW, TIiEREI;'OREI BE IT ORDAINED by the City Council of the .. .I * s : v I .. '4 .. -.- .. i ;. City of Carlsbad, *California, as follows: . v* - SECTIOl? 1: That a11 processing and approval of discretion- .'. --e axy entitlements pursuant to Title 20 or Title 21 of the Carlsbad Nuhicipal Code as of the effective date of this ordinance is hereby prohibited subject to the following exceptions: , 1. Applications for approvals located within that portion * of the City of Carlsbad within the service territory of the San Marcos or Leucadia Cbunty 'Fla~er Districts may be accepted and processed provided the applicant submits in conjunction with his / application a letter from such district indicating that th2 sewer services are available ir, connection with the develop:?,znt. e The apGlication may be approved kf the City Counci.1 ,finds that sewer service renains available and will continue tc remain available concurrent with need in cohnection with the developnent. 2. Applications for conditional use permits, vzria-ices, reversions to acreage, certi€icates of compliance and adjustment plots nay be accepted, processed and approved-if the City Manager determines that the approval of such itcrn'will not requirz any new-sewer connection.permit. may be appealed to the City Council, whose decision shall. be final The City Manager's determination 3. Discretionary .. approvals in connection. with the Plaza r Camino Real expansion may be processed,. accepted and approved. .4, Any necessary applications for projects undertaken by the City of Carlsbad may be accepted, processed.and approved. 5. necessary The City Manager is authorized tr, take all the steps o proceed with the annexation of the Palomar Ai.xport . nn'd any applications necessary in that regard may be accepted, processed and approved. -. . e 0- - .. .* *4 3 -2 3 4 5 6 7 8 9 10 21 12 13 14 15 16 17 18 19 20 21 - 22 -23 24 25 26 27 28 8 -. -4 -. ' I. 6. Any application for which the Carlsbad Municipal Code provides an alternative method of sewer disposal for the project site, may be 'accepted, processed dnd approved. 4 7. The City Cour.ci1 nay grant exceptions for projects .. Df other governmental agencies if the City Council in its sole 3iscretion determines that the project is necessary and in the public interest. .. 8. The staff may continue to process and the City Council nay consider whether or not to appro-Je applic2tions which were 3n file with the City of Carlsbad on or before hpril'19, 1977. SECTIOB =2: This Interim Ordinance is Ldopted as an urgency ileasure pursuant to California Goyerhrnent Code Section 55858 for the reasons set out in the recitals hereto and shall take effect imie di a t e ly . SSCTION 3: The City Clerk of the City 02 CarlsSad shall Zertify to the adoption of this ordinance and cause it to be ?ublished once in the Carlsbad Journal within fifteen days after its adoption, .. APPROVED, PASSED ALUD ADOPTED at an adjourned regular meeting 3€ the City Council of the City of Carlsbad, California, held on the 26th day of Apri1,'1977 by the following vote, ..to wit: * PIms : ' NOES: .. Cou'ncilnen Frazee, Lewis, Packard, Skotnicki and None. CouncSlwornhn Casler (SEAL) . .. ORDINANCE rro. 7049. *. AN *INTERI:-I ORDINA:~CE OF THE CITY COUNCIL OF TZIE CITY OF CARLSUAD, CliLIFOit"IIA, ADOPTED AS $.I? UI?GEI;CY AEASUlXE Pd*iEi?DIflG . ORDI1?A:3CC 1.10. 7048 TO EXEIIT TE?ITATIVE MAP EXTC;:SICi:?S FXO?1 TI13 PLI;TJNING P.XIRATOXIUM. . WHEREAS, the City Council, by the adoption of Ordinance .. No, 7048, imposed a City-wide moratorium on the application, processing and approval of discretionary entitlements pursuant to Title 20 or Title 21 of the Carlsbad Municipal Code; and WHEREAS, said moratoriurn wzs subject ts certain exceptions to allow-projects in process to continue; and WiEREAS, the conditional extensions of previously ap2,roved Tentative Subdi-vision Maps was omitted from the list of exceptiocs and WER?Z!!S, Tentative Subdiv.ision i3ap extensions can be con6Ltioned that the final map-nay not be approved without adequate sewer service being availab1e;therefore there is no need to subject them- to the moratorini and in the absence of an exception, the previously approved,otherwise acceptable project: will expire without'the City Council having the beaefit of deter- rnfning xhekhc;r or not they should be extended; .. ' NOH, THEREFORE, BE IT ORDAINED by'the City Couxil of the . r City of Carlsbad, California, as follows : SECTION 1: That Sectian 1 of Ordinance 110. 7048 is amended by the addition of Subsection 9 to read: . 9 e Applications for Tentative Subdivision Map extensions may be accepted, processed and aj?pro-md subject to the imposition of certain conditions, to insure that the Tentative Map cannot be finaled without the finding , by the City Council that adequate sewer service is w . available. " . e .. e +* '. I -4 - SECTION 2: This Interim Ordinance adopted as an urgency measure puusuarit to California Government Code S 65858 for the reasons set out in the recitals ~ .L hereto and shall effect immediate1 :, ' 1 2 3 SECTION 3: The City Clerk, of the City of Carlsbad, shall 4 certify the ado.?tzion of this ordinance and cause it to be publishe once in the Carlsbad Journal within'fifteen days after its -. .. 5 adoption. .. .. *. -. 1 -E .I -. #PPROVED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, he12 on the 3rd day of May , 1977 by:the followirq vote, to wit: .. 9 AYES : Councilmen Frazee, Packard, Skotnicki and NOES : Councilwoman Caslcr Counci lman .l-ewi s . 12 14 15 16 17 3-8 29 20 ?I 22 2" 24 25 26 27 20 U ABSENT: None ATTEST : . .. .. .. . .. .. . ..-. c.. .---- _A= '. - .. ... ,. 2. . .- I 2 P -4 f . .6 13 . 1; 9 39 . 20 21 22 23 24 , 25. 2& 27 .- 28 .. . ORDINANCE NO, 7050 AN ORDINANCE OF THE CITY COUNCIL OF THE ' CITY OF CARLSBAD, CALIFORNIA, EXTENDING fNTERII.1 0F.DINAXCE NO. 7 04 8, AS AMENDED BY INTERIM ORDINANCE NO. 7049 TO CONTIFIUE THE PLANNING MORATORIUM DUE TO THE UNAVAIL- ABILITY OF SEWER SERVICE. * I WHEREAS, the City Council.has by the adoption of Ordinance No. 7048, as amended by Ordinance NO. 7049, declared a City-wide moratorium on the processing of discretionary approvals pursuant to Tit12 20 or Title 21 of the Carlsbad Xunicipal Code due to the unavailability of sewer service; and , WHEREAS, the Planning Department has not completed its stuZy of possible amendments to said titles which may be required due to the sewer problem; and WHEREAS, The City Council has determined that in order to protect the public safety, health and welfare, it is necessary to extend said ordinances to continue the noratorim until said studies can be completed; . NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad, California, as follows: SECTION 1: That Ordinance No. 7048, as amended by Ordinance No. 7049 , is hereby extended for eight months to expire on the 26th day of April, 1978. . . . SECTION 2: The City Council mayelift the moratorium and repeal this ordinance in total or in part by minute motion passed by a majority vote of the entire City Council. SECTION 3: This ordinance extending Interim Ordinance No. 7048, as amended by Ordinance No. 7049, is adopted pursuant to California Govcrnmenf Code Section 65858 for the reasons set out I I in the recitals hereto and shall take effect on the 25th day of :. .-I t August, 1977. .- c SECTION 4: The City Clerk of the City of Carlsbad, shall certify to the adoption of this ordinance and cause it to be published once in the Carlsbad Journal within fifteen days after its adoption. . APPROVED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of Auqust , 1977 by the following vote, to wit: 4 AYES: Councilmen Frazee, Lewis, Skotnicki and Counci Iwcman Cas 7 er NOES : None ABSENT : Counc ilman Pac ka ATTEST : (SEAL) -2- c- ORDINANCE NO. 7052 AN ORDICNAbJCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD', CALIFORNIA, AMENDING ORDINAXCE NO. 7048, AS EXTENDED BY ORDINANCE NO. 7050, TO PARTIALLY LIFT PROCESSING OF ZONE CHANGE REQUESTS. THE PLANNING MORATORIUM TO ALLOW THE The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Ordinance No. 7048, as amended by Ordinance No, 7049, as extended by Ordinance Ma. 7050 and as anended by Ordinance No. 7051, is further amended by the addition of the following to Section 1: "The planning moratorium imposed hereby shall not apply EFFECTIVE DATE: This ordina'ncc shall be effective thirty to zone changes." days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least -.. once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 7th day of February , 1978 and thereafter PASSED AND ADOPTFD at a regular meeting of said City Council held on the 21st day of February , 1978 by the fo1.lovshg vote, - to wit: AYES : Councilmen Fraree, Lewis, Packard and Councilwoman Casler NOES : Councilman Skotnicki ABSENT : None 1 ATTEST : 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 7053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAFUSBAD, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 7048, AS AMENDED BY INTERIM ORDINANCE NO. 7049, AS EXTENDED BY ORDINANCE NO. 7050, AS AMENDED BY ORDINANCE NO. 7051 TO CONTINUE THE PLANNING MORATORIUM DUE TO THE UNAVAILABILITY OF SEWElR SERVICE AND =PEALING ORDINANCE NO. 7052. WHEREAS, the City Council has by the adoption of Ordinance Yo. 7048, as amended by Ordinance No. 7049, declared a City-wide moratorium on the processing of discretionary approvals pursuant to Title 20 or Title 21 of the Carlsbad Municipal Code due to the unavailability of sewer service; and WHEREAS, said moratorium was extended by Ordinance No.7050, and was amended by Ordinance No. 7051 and Ordinance No. 7052; and WHEREAS, the Planning Department has not as yet completed its study of the amendments to the General Plan and Zoning Code necessary in light of the City's lack of sewer service; and WHEREAS, the City Council has determined that in order to protect the public safety, health and welfare, it is necessary to extend the Planning Noratorium and said ordinances until such study can be completed; and WHEREAS, the City Council wishes to repeal Ordinance No. 7052 to again have the moratorium apply to zone changes; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad, California, as follows: SECTION 1: That Ordinance No. 7048, as amended by Ordinance No. 7049, as extended by Ordinance No. 7050, as amended by Ordinance No. 7051 is hereby extended for one year to expire on the 26th day of April, 1979, and Ordinance No. 7052 is repealed. II A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 s SECTION 2: The City Council may lift the moratorium and repeal this ordinance in tatal or in part by minute motion, passed by a majority vote of the entire City Council. SECTION 3: This ordinance is adopted pursuant to Government Code Section 65858 for the reasons set out in the recitals hereto and shall take effect on the 25th day of April, 1978. SECTION 4: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Carlsbad Journal within fifteen days after its adoption. APPROVED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 18th day of April , 1978 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and NOES : None Councilwoman Casler /I 15 16 ABSENT : None 17 18 ATTEST : IL 19 20 RdK&J byt RONALD C. PACKARD, Mayor 2.