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HomeMy WebLinkAbout1983-03-15; City Council; 7326; Revision of subdivision ordinance/7 CIT JF CARLSBAD — AGENDA 3ILL AB# 7*3 a 6> MTG. 3/15/83 DEPT..CA TITLE: REVISIONS OF SUBDIVISION ORDINANCE TO CONFORM WITH 1982 LEGISLATIVE CHANGES TO SUBDIVISION MAP ACT CITY ATTY CITY CUJ Occ Q.Q. O § O OO RECOMMENDED ACTION: Introduce Ordinance No. 7 (s> ]fQ ITEM EXPLANATION The attached ordinance implements some of the changes made to the Subdivision Map Act during the 1982 Legislative Session, which have not already been implemented by thaCity Council. Please see the attached memorandum for full details. EXHIBITS Ordinance No. , ^ „ ^ Memorandum to Mayor and City Council MEMORANDUM DATE: February 3f 1983 TO: Mayor and City Council FROM: City Attorney SUBJECT: REVISION OF SUBDIVISION ORDINANCE During the 1982 legislative session a significant number of amendments were made to the State Subdivision Map Act. Many of the amendments were technical in nature and intended only to clarify existing provisions of the act. Other modifications were made in order to accommodate the needs of subdividers in these difficult economic times. This memorandum will discuss only those changes which were substantive or significant or which involved changes in policy. All of the changes have been discussed with the Assistant City Manager for Development, the City Engineer and the Land Use Planning Manager. In addition, changes that affect particular operations such as parks and recreation have been discussed with the appropriate department head. Except where noted the changes reflect their recommendations. Attached to this memorandum is an ordinance which implements some of the changes made to the Subdivision Map Act. Where changes to the Subdivision Map Act have not been incorporated into the proposed ordinance, the reasons for not doing so will be explained. Changes to the Subdivision Map Act made by Chapter 87 of the 1982 Statutes which went into effect in March 1982 have already been implemented by the Council and, therefore, will not be discussed. The changes to the map act are discussed in the order in which they appear in the act. Unless otherwise stated, all section references are to the State Government Code. Section 66412, which establishes those projects to which the Subdivision Map Act is inapplicable, has been amended by the addition of subsection (g) which exempts conversions of community apartment projects to condominiums if certain requirements are met; and by subsection (h) which provides the same exemptions for the conversion of stock cooperatives to condominiums. That change has been implemented by Section 1 of the proposed ordinance. The requirements of Section 66412 (g) and (h) have to do with percentage occupancy threshholds and tenants' rights. Section 66427.4 which deals with the procedures for creating a subdivision from the conversion of a mobilehome park to another use has been amended to require the City to take certain steps to mitigate the impact of the conversion on the mobilehome park residents. Previously mitigation was discretionary. Section 66427.4 has been implemented by Section 3 of the proposed ordinance which will add subsection (d) to Section 20.16.025 of the Carlsbad Municipal Code. The proposed subsection tracks the language of the Subdivision Map Act and is self explanatory. Mayor and City Council -2- February 3f 1983 Section 66428 which, among other things, provides for a procedure for waiving the requirement for a parcel map has been amended to allow the City the option of including provisions for waiving the requirement for a tentative and final map for the construction of a condominium project on a single parcel. Staff decided not to recommend the inclusion of such a waiver procedure at this time. Because such a waiver may be appropriate in some circumstances e.g., where the condominium will be built on a lot which already has full public improvements and otherwise complies with all other aspects of the subdivision ordinance, including the payment of all fees which would otherwise be required for the project, the City Engineer and the Land Use Planning Manaqer are studying the issue and will make a recommendation on it in the near future. Sections 66435.1 and 66435.2 have been added and Section 66445 has been amended to allow local agencies the option of requiring that certificates and acknowledgments now required to be included on the face of a final or parcel map to be made by a separate instrument. The separate instrument then must be recorded concurrently with the final or parcel map being filed for record. Because the City Engineer could find no significant benefit from this procedure and thought that it would create an additional administrative burden on his staff, he recommended that we not change our existing procedures. The only real benefit of the procedure is that the subdivider does not have to cart the actual map around to get it signed. However, because they have been doing exactly that for years the benefit did not appear to outweigh the administrative burden. Section 66445 has been amended by the addition of subsection (i) which requires an additional certificate regarding monumentation be included on parcel maps. That amendment is implemented by Sections 9 and 11 of the proposed ordinance. The changes will allow subdividers filing parcel maps the same options with regard to monumentation as are available for final maps. Section 66452.6(d) has been amended to allow a local aqency to process and approve a final map after the tentative map has expired if the map has been filed with the agency prior to the expiration date. This amendment is implemented by Section 2 of the proposed ordinance. The proposed amendment will require that the subdivider make a timely and complete application before the expiration of the tentative map. If this is done, the City can then process and approve the map after the expiration date. However, if the subdivider's filing is either not timely or not complete the law requires that the final map may not be approved without first processing a new tentative map. Section 66452.10 provides that stock cooperatives or community apartment projects shall not be converted to condominiums without a vote of the owners of the cooperative or project. This section specifies the percentage of vote required for conversion. This Mayor and City Council -3- February 3, 1983 section is implemented by Section 7 of the proposed ordinance which requires the Council to find that the appropriate number of persons have voted in favor of the conversion before approving a final map for the subdivision. Sections 66452.50 and 66452.51 have been added as a new article entitled "New Rental Housing:Conversion". These sections provide a procedure whereby the City, upon the request of a subdivider, may, in connection with the approval of a subdivision map for the construction of a condominium, enter into a binding agreement mandating that the units first be made available for rental housing for a period not less than ten years. No provisions need be added to our municipal code to implement these sections. However, the City and the development community should keep their provisions in mind because they may be useful in helping the City attain its housing element goals. Section 66462.5 has been added to deal with situations where off-site improvements are required to serve a subdivision but neither the City nor the subdivider owns or has appropriate easements across the land where the improvements will be made. It is our position that this section is declaratory of existing law except insofar as it specifies certain time limits in which the City must take action to acquire the property. The Section provides that the City shall not postpone or refuse the approval of a final map because the subdivider has failed to meet a condition of the tentative map which requires the subdivider to construct or install off-site improvements on land which the subdivider or the City does not own. If that situation occurs the City is required to either acquire by negotiation or commence eminent domain proceedings to acquire the property. If the City does not meet the time limits established by the section the condition requiring the off-site improvements is deemed waived. The City may require the subdivider to pay all the costs of acquiring the property which would include the costs of proceeding with the eminent domain action. The 90 day time limit can pose some problems for the City because of mandatory requirements to attempt to acquire the property by negotiation and the notice and hearing requirements for commencing an eminent domain action. These problems can be mitigated by requiring the subdivider to provide all the information necessary for the commencement of eminent domain proceedings not later than 60 days prior to the time which they file their final map for approval by the City Council. Such a requirement is imposed by Section 6 of the proposed ordinance. Section 6 also requires the subdivider to bear the costs of acquiring the property necessary for the off-site improvements. We have advised the Council in the past that they should lend their power of eminent domain to subdividers when necessary to acquire property for the construction of off-site improvements, e.g. Tamarack Avenue from El Camino Real to Lake Calavera Hills. Mayor and City Council -4- February 3, 1983 Section 66474.2 has been added to provide that in deciding whether to approve or disapprove a tentative map or tentative parcel map the City shall only apply those ordinances, policies and standards in effect on the date that the application is complete under Section 65943 of the State Government Code (AB 884). Prior to the addition of Section 66474.2 the law was that the City must apply the ordinances, policies and standards which were in effect on the date that it approved the tentative map. The City may apply different ordinances, policies or standards then those in effect on the application date if, before the application is complete, it has formally instituted proceedings by way of a resolution or ordinance to amend any ordinance, policy or standard and has given notice of the proposed amendments. If all this is done the City may apply any ordinances, policies or standards which are adopted as a result of those proceedings which are in effect on the date that the City approves the tentative map. This section does not apply to changes which are requested by the subdivider. This amendment is coupled with a change to Section 65961 which provides that for five years after the recordation of a final map or parcel map for a subdivision the City cannot require as a condition to the issuance of a building permit, or any similar permit, the performance of any conditions that the City could have imposed as a condition of the previously approved tentative map. Nor can it withhold the issuance of a building permit or similar permit for the failure to conform with any conditions which could have been lawfully imposed as a condition of the subdivision map. The City may, however, impose conditions which were not imposed on the subdivision map if failure to do so would place the residents of the subdivision or the immediate community in a condition perilous to their health or safety; or the condition is required in order to comply with state or federal law. Further, the City may refuse to issue a permit if it finds that it must do so in order to comply with state or federal law. Finally, the City may assure compliance with the applicable zoning ordinance. What this apparently does is preclude the City from changing its ordinances, policies and standards in response to a subdivision application and then either refuse to issue the subdivision map or condition the map upon compliance with the changed ordinance, policy or standard. However, the Council may still require buildings to comply with changes in the zoning ordinance. The law has always been that the rules applicable to a subdivision were those in effect on the date of the approval of the tentative map and that the rules applicable to a building permit were those in effect on the date of issuance of the building permit. Because of these sections, the City should formally initiate proceedings whenever it is considering making changes to ordinances, policies or standards which may effect development. Formally initiating the proceedings will allow the City to control the cutoff date for applicability of the changed rules and will reduce the administrative burden that this law will cause. We also suggest that major revisions to policies, procedures or standards which will affect Mayor and City Counil -5- February 3, 1983 subdivisions be reviewed and updated on a regular basis e.g., quarterly or semi-annually, rather than sporadically as we do now. This will allow staff to keep better track of which laws apply to which subdivisions. This law will remain in effect only until 1989 unless it is extended by a subsequent statute. The law becomes effective July 1, 1983. Before it does, planning and engineering should review the subdivision and zoning standards for any needed changes which would be affected by this legislation. No immediate revisions are needed to implement these new sections. Significant changes were made to the provision of the Map Act dealing with park-in-lieu fees. Section 66477(b) have been amended to establish the method for calculating the amount of land to be dedicated or fees to be paid and limits the land to be dedicated to three acres of park for 1,000 persons residing within a subdivision. The City of Carlsbad uses 2.5 acres per 1,000 persons. We are presently working with the Parks and Recreation Director to determine whether the other requirements of section (b) have been met. Once the review is done we will be able to determine if we need to change anything in our present method for calculating fees. Subsection (c) of Section 66477 has been amended to clarify the purpose to which the land or fees may be put. The old law simply said that the fees could be used for the purpose of providing parks and recreational facilities. The new law says that the fees may be used for developing new or rehabilitating existing park or recreation facilities. This change has been incorporated into Section 12 of the proposed ordinance. Subsection (f) has been amended to provide that the schedule which the City develops specifying when and how it will use the land or fees must now also specify where the land and fees will be used. This change is also incorporated into Section 12 of the proposed ordinance. The recent amendment to Section 66477 also provides that the park dedication ordinance does not apply to any commercial or industrial subdivision. The old law seemed to indicate that certain commercial subdivisions could be required to pay a park fee. This change is also incorporated in Section 12 of the proposed ordinance. The new law also provides for credit against the land or fees for certain improvements provided by a subdivider. In response to these amendments we are proposing an addition of Section 20.44.130 to the Municipal Code. This is also contained in Section 11 of the proposed ordinance. Subparagraph (a) of proposed Section 20.44.130 provides that whenever a subdivider provides park and recreational improvements including equipment to dedicated land the value of the improvements or equipment shall be determined by the City Council and then shall be credited against the fees to be paid or the land to be dedicated. In Mayor and City Council -6- Febuary 3f 1983 order to qualify for the credit the improvements or equipment must have the prior approval and be done to the satisfaction of the parks and recreation director. A provision has also been added to give credit for private recreational areas. An amendment to Section 65477 makes planned developments "eligible" for a credit in an amount determined by the City Council, for private recreational areas. Proposed subsection (b) of Section 20.44.130 would allow a subdivider of a planned development to request the Council to give credit for active recreational areas provided within the boundaries of the planned development. The Council could give a credit of up to ten percent of the amount of the fees to be paid or the land to be dedicated. The parks and recreation director believes that no credit should be given for active recreational areas within planned developments. According to the Parks and Recreation Director, giving a credit for private open space is not consistent with the Parks Element of the General Plan. The last time the Council amended the park-in-lieu ordinance, it deleted the old provision for giving the credit. If the Council believes that no credit is appropriate it is our opinion that such action would be permissible under the new law. Associated Home Builders v. City of Walnut Creek, (1971) 4 Cal.3d 633, 646. Giving no creditis based on the determination that the park and recreation facilities provided by private areas do not add to the total recreation facilities for the City, but are rather substitutes for the type of recreational area normally provided by the bigger yard areas of traditional R-1 lots i.e., the trade-off for the planned development permit allowing smaller yards is providing private recreational areas on-site. Therefore, community parks must still be fully supported by full park fees from planned developments. However, because developers occasionally provide more private recreational area than is required under the planned development ordinance, the proposed ordinance has been drafted in a way to at least allow a subdivider to request the Council to give a limited credit for private recreational areas. In granting the credit the Council would have to determine that the credit is consistent with the Parks and Recreation Element of the General Plan. Finally, Section 66477.5 has been added which states that the interest earned by the City on cumulative park-in-lieu may be used for maintenance of any existing park within the City. This authorization shall remain in effect only until January 1, 1985 unless it is extended by a subsequent statute. Our present ordinance is silent on the use of interest, and no amendment is needed to implement this change. Section 66499(b) has been amended to eliminate the requirement that bonds, letters of credit, or instruments of credit be recorded with the county recorder. All other types of security are still required to be recorded. No change to our subdivision ordinance needs to be made in response to that amendment. Mayor and City Council -7- February 3, 1983 Section 66499.3 has been amended by the addition of subsection (c) which provides an exemption from the requirement for providing security to certain California non-profit corporations. Non-profit corporations are not exempt from the security required to guarantee the improvements. This amendment is implemented by Section 5 of the proposed ordinance. Section 4 of the proposed ordinance adds letters of credit to the list of approved securities for improvements on subdivisions. Changes to the Subdivision Map Act made in 1981 added letters of credit to the list of approved securities the City may choose to use for securing subdivision obligations. Use of letters of credit involves some risks to the City. However/ when appropriately drafted and issued by an approved financial institution, letters of credit can be an effective means of securing subdivision obligations. In order to limit the risks to the City, the proposed ordinance requires that the letter of credit be in a form approved by the Finance Director and the City Attorney and that the financial institution which issues the letter of credit be approved by the Finance Director and the City Attorney. Without those conditions we would not recommend use of letters of credit especially given the existing economic situation. Finally, Section 8 and 9 of the proposed ordinance provide that tentative parcel maps will expire 24 months after approval or conditional approval rather than after one year. This was done in response to a change in section 66463.5. In summary, the proposed ordinance implements the changes made to the Subdivision Map Act during 1982. In almost all cases the amendments will make the subdivision process easier for subdividers. Our office joins with the affected departments and recommends the adoption of the proposed ordinance. VINCENT P. BIONDO, JR., City Attorney by: DArfZ£L~~5. HENTSCHKE Assistant City Attorney rme 1 2 3 4 5 6 7 §66412 (q) "(hi 9 10 11 12 to ~3 §5? S< O)o 13 <§66452_.6(~d) § 15 d 16 17 18 19 20 21 22 23 24 25 26 27 28 ZUU -c. CN ^ |g^§> I- cc< < H ° O §66427.4 ORDINANCE NO.9680 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO IMPLEMENT CHANGES MADE TO THE SUBDIVISION MAP ACT DURING THE 1982 LEGISLATIVE SESSION. The City Council of the City of Carlsbad does ordain as follows: SECTION 1. That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the addition of Section 20.04.040(b)(8) to read as follows: "(8) Unless a parcel or final map was approved by the City Council, the conversion of a community apartment project or a stock cooperative to a condominium provided that the requirements of Section 66412(g) or (h), respectively, of the State Government Code have been met and the subdivider provides certification that the requirements have been met." SECTION 2: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the addition of the following sentence to Section 20.12.100(d): "Once a timely and complete filing of a final map for approval by the City Council has been made pursuant to this code, subsequent actions of the City, including but not limited to processing, approving, and recording may occur after the date for expiration of the tentative map." SECTION 3: That Title 20, Chapter 20.16 of the Carlsbad Municipal Code is amended by the addition of Section 20.16.025(d) to read as follows: 11 (d) When approving or conditionally approving a tentative map for conversion of a mobilehome park, the Planning Commission or the City Council shall do one of the following: (1) Mitigate any significant adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park by zoning additional land for mobilehome parks; (2) Find that there is sufficient land zoned for mobilehome parks or sufficient space available in other mobilehome parks for the residents who will be displaced; §66499(3) 1 2 3 4 6 7 8 9 10 §66499.3(c) co2cc 12 13 CA!9:o'^sl 14i°i§ S*52 15•Sjj -LD * • i 5£ I 8 d 16 - I- _i n 7b ^ §66462.5 19 20 21 22 23 24 25 26 27 28 (3) Require the subdivider to mitigate any adverse impact pursuant to subsection (c); (4) Find that the mitigation required by Subsection (d)(1) and (d)(3) is not feasible. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." SECTION 4: That Title 20, Chapter 20.16 of the Carlsbad Municipal Code is amended by the addition of Section 20.16.070(4) to read as follows: "(4) A letter of credit in a form approved by the Finance Director and the City Attorney from a financial institution regulated by the state or federal government and approved by the Finance Director and the City Attorney." SECTION 5: That Title 20, Chapter 20.16 of the Carlsbad Municipal Code is amended by the addition of Section 20.16.080(5) to read as follows: "(5) Whenever an entity required to furnish security is a California non-profit corporation funded by the United States of America or one of its agencies, or the State of California or one of its agencies, the entity shall not be required to comply with subsections (1) or (2) provided that the conditions established by subsection (c) of Section 66499.3 of the State Government Code are met." SECTION 6: That Title 20, Chapters 20.16 and 20.28 of the Carlsbad Municipal Code shall be amended by the addition of Section 20.16.095 and 20.28.095, respectively, to read as follows: "20.16.095 Off-Site Improvements - Acquisition of Property Interests. Whenever a subdivider is required as a condition of a tentative map to construct or install off-site improvements on property which neither the subdivider nor the City owns then not later than sixty days prior to filing the final map for approval the subdivider shall provide the City with sufficient information, reports and data, inluding but not limited to, an appraisal and title report, to enable the City to commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property pursuant to Article 3 of said Title. The subdivider shall agree pursuant to Section 20.16.060 to complete the improvements at such time as the City 2. 3 o< 2 3 4 5 6 7 8 9 10 11 12 13 ^66452.10 = 5*3 15<J •«= —J«•• • is £ & 8 d 16 g§^8 S66463.5 17 18 19 20 22 23 24 25 26 27 28 has a sufficient interest in the property to permit the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated cost thereof shall be secured as provided in Section 20.16.070." "20.28.095 Off-Site Improvements - Acquisition of Property Interests.Whenever a subdivider is required as a condition of a tentative parcel map to construct or install off-site improvements on property which neither the subdivider nor the City owns then not later than sixty days prior to filing the parcel map for approval the subdivider shall provide the City with sufficient information, reports and data, inluding but not limited to, an appraisal and title report, to enable the City to commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property pursuant to Article 3 of said Title. The subdivider shall agree pursuant to Section 20.28.070 to complete the improvements at such time as the City has a sufficient interest in the property to permit the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated cost thereof shall be secured as provided in Section 20.28.070." SECTION 7: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the amendment of Section 20.20.020(d) to renumber subparagraph (5) as subparagraph (6) and to add a new subparagraph (5) to read as follows: "(5) That the owners of a stock cooperative or community apartment project have voted in favor of such conversion as specified by Section 66452.10 of the State Government Code." SECTION 8: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.160 to replace the words "one year" with the words "twenty- four months", and by adding the following sentence to the end of said section: "This section applies to all tentative parcel maps approved or conditionally approved after January 1, 1983; tentative parcel maps approved prior to that date shall expire one year from the date of approval or conditional approval unless extended pursuant to Section 20.24.180." 3. 1 2 3 4 5 6 7 8 9 10 §66445(1)11 SE 2 t.8 o 3 i 13 • CC pj itll 15OQ ^ . JL w 2 I 8 0 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 9: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.170 to replace the words "one year" with the words "twenty four months." SECTION 10: That Title 20, Chapter 20.28 of the Carlsbad Municipal Code is amended by the addition of the following sentence to the end of Section 20.28.110: "The monuments shall be set prior to the approval of the map unless the setting thereof is deferred by the City Engineer in accordance with Section 66496 of the State Government Code. The City Engineer is authorized to accept monumentation agreements and securities for parcel maps on behalf of the City." SECTION 11: That Title 20, Chapter 20.32 of the Carlsbad Municipal Code is amended by the addition of Section 20.32.040(8) to read as follows: -\ (8) A certificate by the engineer or surveyor responsible for preparation of the map stating that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced." 566477(c) SECTION 12: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the amendment of Section 20.44.090 to replace the word "providing" with the words "developing new or rehabilitating existing"; By the amendment of the first sentence of Section 20.44.100 to read as follows: 566477(f) "The City Council shall develop a schedule specifying how, when and where it will use the land or fees or both to develop park or recreational facilities to serve the residents of the subdivisions within the park area of the City in which the subdivisions are located." 4. §66477 §66477(I] ! 1 2 4 5 6 7 8 10 11 12 13 cc 3: si 14 o o = z - < A '« <Ju. si *?i|s£$£ 15eo n ^ —. J-O S 162 2 I Oo oc - ^2O w>t ^ 17 o 18 19 20 21 22 23 24 25 26 27 28 By the amendment of Section 20.44.120(b) to read as follows: "(b) The provisions of this chapter also do not apply to commercial or industrial subdivision; nor to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added." follows: And by the addition of Section 20.44.130 to read as "20.44.130 Credits against fee or land. (a) Whenever a subdivider provides park and recreational improvements, including equipment, to dedicated land, the value of the improvements or equipment as determined by the City Council shall be a credit against the fees to be paid or land to be dedicated pursuant to this chapter; provided, that the improvements or equipment have been done or installed with the prior approval and to the satisfaction of the Director of Parks and Recreation or for subdivisions of more than 50 units with the prior approval and to the satisfaction of the City Council. (b) Whenever a subdivider of planned development or real estate development, as defined in Section 11003 and 11003.1, respectively, of the State Business and Professions Code, has provided active recreational areas within the boundaries of the subdivision in excess of that required by Chapter 21.45 of this code, the subdivider may, at the time that the final map or parcel map is submitted for approval, request that the City Council give a credit of up to ten percent of the amount of fees to be paid or land to be dedicated pursuant to this chapter for the value of the active recreational area." EFFECTIVE DATE: This Ordinance shall be effective thirty 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 15th day of March _ , 1 9 83 r and thereafter 5. c X< o> U 1 2 3 4 5 6 7 8 9 10 12 §*il 14 Z s^ uj 5SH^£ -IKo> p, < -: J.O £ I 8 d 16UJ Z CM ^ 111 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the 12th day of April , 19 83 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, and Prescott NOES: Council Member Chick ABSENT: None */k~a^^ $. MARY H.<£ASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clgrk (Seal) 6. 7