HomeMy WebLinkAbout1972-07-18; City Council; Minutesr .:
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Q“* ?:! F. .~ #i3: Meeting of: CITY COUNCIL (Regular Meeting)
Time of Fleeting: ,7:00 P.M.
Place of Meeting: Council Chambers
Date of i4eeting: July 18, 1972 \ii e?;, L:”$ f‘
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I- ROLL CALL: Present X
2- IIiVOCATION was offered by Mayor Dunne.
3- PLEDGE OF ALLEGIANCE was given.
4- APPROVAL OF MINUTES: ’I (a) Minutes of the adjourned regular meeting held July 5, 1972 were approved as corrected.
f [ 5- COUNCIL COMMITTEE REPORTS:
Motion Ayes .X
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[62] (a) , Charter City. Councilman McComas reported
a meeting will be held August 7, 1972 at 7:OO P.M. in the Buena Vista School Cafetorium to discuss Charter Cit . 1
[ll 01 (b) Ad Hoc’ Water Committee. Counci lman McConlas reported a meeting will b-e held between the ad hoc water committee and the water committee of CMWD in hopes that agreements can be reached in ord,er to make a presentation to the CM14D Board and. thereafter to the City Council.
E701 (c) Parks and Recreation Commission. Councilman Lewis reported on the last meeting of the P XC R Commis sion and read a memorandum from the Commission dated July 18, 1972, addressed to the City Council regarding a moratorium on building in Carlsbad.
[28] (d) CBDAC - Downtown Parking and Planned Community Study Commi ttee. Councilman Lervis reported both matters are progessing well.
[,68] (e) C.P.O. Meeting, LAFCO Report re: Palomar Airport-La Costa, Legislative Hearing on Regional Government, Cable TV and the Library ,Board. Council- man Frazee reported.on the above matters-.
Mayor Dunne stated he would like the Council to con- sider the Regan-Moretti Bill and would like it discuss ed at. a later meeting.
I 6- HOUSING AUTHORITY:
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[105]The Council adjourned to the Housing Authority at 7:16 P.M. and reconvened at 7:17 P.M. with all Councilmen present.
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7- PUBLIC HEARINGS:
The Mayor declared the Public Hearings open at 7:30‘P.M.
[1131 (a) Agenda Bill #805. To consider a request for pre-annexation Change of Zone from County Zoning R-1, R-13, R-2, R-3, R-4, E-lA, and C, to City of Carlsbad Zoning R-1-15,000, R-1-10,000, R-1-7,500, RD-M, R-2
~ C-1 and C-2 with Specific Plan, on property located
~ on the easterly side of El Camino Real, northerly of I Olivenhein Road. Applicant: La Costa Land Developmen 1 Company.
The Clerk presented the Affidavit of Publication and reported no correspondence had been received. A mo- Motion tion was made that the Affidavit of Publication be Ayes X accepted arrd ordered filed.
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Mr. John J. Marnaux, 1393 Basswood Avenue, Carlsbad, representing La Costa Land Company explained the pur- pose of the request for a Zone Change was merely to
conform the present County Zoning with corresponding City Zoning in connection with the annexation of La . Costa to Car'lsbad.
An inquiry was raised with regard to Exhibit "C" of the Agenda Bill. The City Manager explained the mean- ing of Exhibit "C" wa.s that shguld a structure now existing at La Costa be destroyed by some unintentiona means, such as fire, it can be .rebuilt under the same ter.ms and conditions it was originally built. .
It was further explained by Mr. Mamaux, following in- quiry, that a structure, such as the Spa, requiring a Variance and a Conditional Use Permit granted by the County, must continue the satxe use in order for the CUP to remain .effective; once the usage under whic the CUP was granted is changed, the CUP becomes null and void.
The Public Hearing was closed with the unanimous COD- sent of the Council.
As there were no further .questions by the Council, the following Resolution was adopted by title only and further reading waived: I Resolution No. 2046. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECISI REGARDING CHANGE OF ZONE FROM COUNTY ZONING R-1 , R-lB, R-2, R-3, R-4, E-lA, AND C.TO CITY OF CARLSBAD ZONING R-1-15,000, R-l-10,000, R-1-7,500, RD-14, R-2, C-1 AND
C-2, WITH SPECIFIC PLAN, ON CERTAIN PROPERTY LOCATED
,EAST OF EL CAMINO REAL, SOUTHERLY OF PALOMAR AIRPORT ROAD 'AND NORTHERLY OF OLIVENHAIN ROAD.
The following Ordinance was introduced for a first reading by title only with further reading waived, passed to a second read.ing August 1, 1972.
Ordinance No. 9318. AN ORDINANCE OF THE CITY OF CARLS BAD 'AMENDING ORDINANCE NO. 9060 BY GRANTING A PRE- ANNEXATION CHANGE OF ZONE FROM COUNTY ZONING R-1, R-1B R-2, R-3, R-4:: E-1A, AND C TO CITY OF CARLSBAD ZONING R-1-15,000, .R-I-10,000, R-1-7,500, RD-M, I?-2,'C-1 . AND C-2 MITH SPECIFIC PLAN, ON CERTAIN PROPERTY LOCAY- ED EAST OF EL CAI\lIIVO REAL, SOUTHERLY OF PALOMAR AIRPOR ROAD AND NORTHERLY OF OLIVENHAIN ROAD.
[113] (b) Uenda Bill ii806. To consider a request for,zone change from R-1-15,000 to P-C (Planned Com- munity) and adoption of a Master Plan on 59 acres lo- cated at the end of Sunnyhil'l Drive, Clearview Drive, and Skyline Drive. Applicant: Pannonia Investment
I Corp.
The City Clerk presented the Affidavit of Publication. A motion was made that the Affidavit of Publication be accepted and ordered filed.
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The City Clerk reported correspondence was received from 41 property owners in opposition to the proposed development. Further, she stated two (2) letters were received as of 7:OO P.M., this date and read the two letters in full received from Mr. and Mrs. A. E. Reila.nd, 3851 Park Drive and Nr. Robert Sonneborn, . 3985 Stella Maris, Carlsbad. The Clerk further stated the Council had received a copy of all letters address ed to them. She inquired if the Council desired the 41 letters read in full. It was the consensus of the Council that the letters not be read in full sl'nce they had been reviewed by the Council.
Mr.. John Klug, 4540 Campus Drive, Newport Beach, r.epresenting Pannonia Investment Corp.; informed the Council his company was affiliated with Pacesetter Homes. He stated the t4aster Development Plan was sub- mitted and depicts Hillside Drive as a major collector
street and would,funnel into the Hosp Grove Developmen the alignment of Hillside Drive in connectlon with the Briggs property, as he understands, has been worked out to the satisfaction of the City. Further, Mr.
Klug explained details of the proposed project and answered a number of questions from 'the Council.
The following persons spoke in opposition to the pro- posed development on the grounds the development plans call for the widening of Highland Drive; the use of Hillside Drive as a major collection street; lack of schools to provide for additional children; property devaluation; the alignment of Hillside Drive not hav- i.ng bet been established; and the location ,of the proposed development in an area of prime residential property:
: Mr. Lester Cooper, 4000 Highland Drive Mr. L. 1J. Rash, 4156 Highland Drive
.. Mr. Robert Sonneborn, 3580 Stella Maris Mr. Burt Stalker, 3780 Tamarack Ave. Mr. Don Huffman, 4315 Highland L Mr. Don Johnson, 4065 Sunnyhill Drive. Mr. Don Panska, 4265 Skyline Drive .
Nith the unanimous consent of the Council , the Public
Hearing was closed.
Lengthy discussion was held by the Council and ques- tions asked -the City Engineer regarding the widening of Highland Drive and the alignment of Hillside Drive.
It was agreed by the Council that the app1ic.ation' for rezoning and adoption of a Master Plan be denied and referred back to the Planning Commission for report, for .the following reasons:
1) There is no existing provision made for publif
2) There is no demonstrated necessity for in- creasing the density on this property at this time.
access to the property.
3) The additional burden that would be placed on i the existing and adjoining roadways is not in the best
~ interest of the City of Carlsbad at this time. i 4) The proposed zoning is not compatible with the existing zoning, as amended by Councilman Frazce and accepted by Councilman Chase.
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July 18, 1972 )"--;."~~"~-....~~~~~~.~~--"-."------;"~ .%YX" '"."~*~P&">Y I [ 771 Moratorium
,Acknowledging the request for a moratorium as in- dicated by letters received by the Council, the peti- tions and in comments made by those speaking in opposi tion to the Pannonia Investment Corp., the Council .announced that discussion would be held at this time on the moratorium.
The following persons spoke i'n favor of a moratorium . on building in Carlsbad: I Mrs. Jane Skotnicki, 3684 Adams St. Mr. Robert Glomb, 3980 James Drive Mr. Sol Forman, 3739 Grecourt Way
Mrs. Skotnicki stated a quorum of seven (7) members of the CIC voted in favor of a moratorium.
It was pointed out that the majority of people who spoke from the audience with regard to the Pannonia Investment Corp. had stated they were in favor of a a
moratorium. It was also pointed out that the desire for a moratorium would De for developments, larger than fi ve-uni ts.
I Those speaking in opposition to a moratorium were as foll ows :
Mr. Allen Kelly, El Camino Real Mr. Perry Lamb, 5171 Shore Drive , Mr. Bart Lefferdink, 4576 Cove Dr.
Following discussion by the Council, it was agreed an adjourned meeting would be held for the purpose of further discussion regarding this matter.
8- DEPARTMENTAL REPORTS:
A. Public Norks.
cs31 1. Public Works Status Report. Acknowledge- ment was given the Public Works Status Report. Dis- cussion was held on the design of Cannon Road. The City Engineer stated estimated time of hearing will be September 18, 1972; further he stated he will fur- nish total completion date to the Council at the ne.xt regular meeting. Also discussed was the sewer plant project and the matter of street improvements at Rancho Carlsbad. The City Manager was instructed to assist the City Engineer in expediting the street improvements. I B. Planning.
E991 1. Agenda Bill 8808. Report from Planning Commission for 160-lot subdivision on property located east of Park Dr. and south of Tamarack Ave., Carlsbad Tract #72-18, Applicant: Donald A. Briggs, Jr. Subdivider: J. W. Klug Development Co., Inc.
The Associate Planner explained the map presented was a standard procedural map and met all the requirements of the subdivision ordinance, with correct zoning and no variances in the lots. The City Engineer stated the Tentative Map is based upon the tentative map approved previously and kRown as Carlsbad Manor. He
pointed out a condition calling for the installation
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of Cable T.V. lines had been agreed upon by the De- veloper but was erroneously omitted from the Resolu- tion.
Discussion was held by the Council with regard to requiring the installation of Cable T.V. 'lines and it
was felt some provision should be made for reimb.ursing the developer, to compensate the developer for the benefits accruing to whatever Cable T.V. Company is . granted a Franchise.
Councilman Chase stated opposition to certain condi- tions in the Resolution, and submitted a list of re- visions which would accomplish the same result but in
less words, and requested review of the revisions by the City Managerg City Attorney and City Engineer. It was agreed the condition requiring Cable T.V. lines would be reviewed at the .time the Final Map is pre- sented to the Coun.ci1. I It was moved that the staff be instructed to research , a method whereby Cable T.V. facilities can be install-
ed on a reimbursible basis to present to the Council so that it might be a condition of the Final Map for this particular development.
The following Resolution was adopted by title only and further reading waived:
Resolution No. 2047. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAR OF CARLSBAD TRACT NO. 72-18.
The following persons stated their opposition to the approval of the Tentative Map since it was regarding property adjacent to the Pannonia Investment Corp. property and it. was felt the same pro.blems were in- vol ved:
Mr. L. W. Rash, 4156 Highland Dr. Mr. Sol Forman, 3739 Grecourt Way Mr. Lester Cooper, 4000 Highland Dr.
C. Parks and Recreation.
c703 1. Parks and Recreation Status Report. Ac-
knowledgement was given the Parks and Recreation Statu Report and a question was raised with regard to the next meeting of the Division of Highways with the
City regarding the four (4) surplus freeway parcels. Mr. Baldwin stated a meeting will be set up and Counci man McComas will be notified so that he may attend the meeting.
D. Personnel Department.. ,
~741 I.. Agenda Bill #809. (Cont. from 7-13-72) Implementation of Personnel Changes affecting depart- ments of Personnel, Purchasing and Parks and Recrea- tion.
EXECUTIVE SESSION: I Mayor Dunne called for an Executive Session at 11:45 P.M. for the purpose of discussilig Personnel The Counc-il reconvened at 12:20 A. M.and the Mayor announced the following action had been taken:
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[29] Change of Title for Killiam C. Baldw
to the City Manager, directing personnel - Range 46.
Permanent appointment of PEP Employee - Jerome Pieti to Administrative Intern - directing Purchasing Range 28. Effective January 24, 1973 - classification change to Administrative Assistant - Range 36.
Permanent appointment of PEP Employee, James Bair ! to Park Caretaker, Range 17, PEP funds to be used with
~ in the department to appoint a Clerk Typist. i I -1 Jr. Planner position was not agreed upon and was hel'd in abeyance. I I
Job announcements and appointment in accordance
' with Ordinance No. 1120 of Parks Caretaker 5 Planning Department Secretary, Reference Librarian, Water De-
partment Maintenance and Project Assistant.
Authorization was given for appointment of a Prin cipal Civil Engineer.
Further, the Mayor announced the Memorandum of Under- standing with the Department Heads was agreed upon .wit the exception .of Item 1-B "Future negotiation". The City Manager was instructed to meet with Department Heads and discuss this matter with them further.
9- ORDIi\lAI"1CES FOR ADOPTION:
The following Ordinances were adopted 'after read- ing of the title only and further reading waived:
[30) (a) Agenda Bill #763. Ordinance No. 8061.
.AN ORDINANCE ADOPTING AN ELECTRICAL CODE IN THE CITY 0 d CARLS,BAD REGULATING THE INSTALLATION,. REPAIR, OPERATIO( AND MAINTENA'NCE OF ALL ELECTRIC WIRING AND ELECTRICAL APPARATUS OF ANY NATUR'E WHATSOEVER WHETHER INSIDE OR 1 OUTSIDE OF ANY BUILDING AND THE INSPECTION THEREOF: PROVIDING FOR THE ISSUAI\ICE OF PERfilITS AND THE'COLLECTI
OF FEES THEREFORE: PROVIDING PENALTIES FOR THE VIOLA- TION THEREOF: AND REPEALING ORDINANCE NO. 8030 AND ALL ORDINANCES AMENDATORY THEREOF AND ADOPTING BY REFERENCE THE 1971 EDITION OF THE NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION.
[113] (b) Agenda Bill #787. Ordinance No. 9317. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSB ADOPTING A SPECIFIC PLAN FOR PHASE I OF THE "HOSP GROV
ON PROPERTY LOCATED ON THE EASTERLY SIDE OF MONROE STREET, .NORTHERLY OF ELM AVENUE.
Coun'cilmen Chase and Lewis stated they were not oppose to the development itself but to the conditions impose upon the development.
1 10- CONSENT CALENDAR: I
0 The following items were approved by one motion affirming the actions on the Consent Calendar:
A. Correspondence - Advisory. .- Agenda Bill #81 ..
The foll owing Advisory Correspondence was ordered filed:
[77 3 .'' 2. A request dated July 12, 1972 from Jane
Skotnicki , Chai rnlan of the Communi 'cy Involvement Com- mittee, for ado tion of ordinance to freeze dcyelopmcnt in any area in Earlsbad, for a period of one year.
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B. Correspondence - Referral.
[1lO]C.. Agenda Bill #807. Approval was given Change Orders #3 and #4 of Water Systems Improvement Contract #1000, Schedule 11,
[731 D. Agenda Bill #813. Carlsbad Cycle Knights orcjlcle C1 ub. Approval was given overnight camping qrivile'ges at Carlsbad Raceway, subject to the City Manager obtaining a written agreement from the Raceway stating the terms and conditions under which overnight camping privileges would be used, and subjectto Police Department recommendations and approval.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Agenda Bill #8ll. - Item #A-1. Letter dated
8, 1372 with attachments addressed to the Mayor and City Council from Peter Mol, 4464 Adams St. 3 con- cerning motorboat activities.
Discussion was held.regarding Mr. Mol's letter and Councilman Lewis pointed out that originally Mr. Mol was appointed to the Agua Hedionda Lagoon Committee last year but resigned. He further stated'the committe is comprised of Mr. Litchfield, Mr. Paul Cochran, Councilman Lewis, the Chief of Police and the City Attorney and sometime ago submitted recommendations for the ordinance and an ordinance was adopted. .
The City Attorney informed the Council, the Ordinance referred to is Ordinance No. 3085. He stated a letter had been recei-ved from the Department of -Navigable Waters of the State of California which pointed out tain sections of the ordinance which were in violation to the State Code.
Following discussion, it was agreed the committee shoul review the Ordinance in relation to certain State violations pointed out in the letter received by the State Department of 1.Iavigabl.e Waters and make recom tions. Further, it was agreed that the Purchasing
or renting a boat for patrolling of the Agua Hedionda Lagoon and the Police Chief was instructed to report on the availabflity of a patrolman for the 20 peak
t be instructed to investigate the cost of leasing
ends, between 1O:OO A.M. and 4:OO P.M.
11- CONTINUED BUSINESS:
[683(a) Agenda Bill #784. Comprehensive Planning Organization - re: Policy for CPO Review of Matters
of Regional Significance.
.. e was no discussion or action taken on this matter.
[201(b) Agenda Bill #789. Public nuisance alleged to exist at 27.15 Roosevelt Street. Owner: 'Barouir N . lilaz 1 oum.
Director of Building and Housing stated that al- though some of the paraphernalia had been moved around,
it did not appear any of the debris had been removed from the property, therefore, in his opinion, the nui- sance still exists.
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The following Resolution was adopted by title only and further reading waived: I
Resolut.ion No. 2041. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD FINDII?IG THE EXISTENCE OF A PUBLIC NUISANCE AT 2715 ROOSEVELT STREET..
Further, it was agreed that the date set for abating the nuisance, is. August 31, 1972.
12- CURRENT BUSINESS:
[63] (a) Agen.da Bill #812. . Appointment to Library Board of Trustees.
A motion was made to accept the recommendations of the staff in appointing the following persons to serve on the Library Board of Trustees, for a term of three (3) years.
Mrs. Dorothy Sheffler, 2300 Chestnut Ave. Father W. A. Driver, 1847 Butters Road I Appointment to Water Committee.
[ZS] A motion was made that Mr. Robert Garland, 1288 Knowles Avenue, be appointed to fill the unexpired
term of Mr. Bert Stalker.
13- ADDITIONAL BUSINESS: I
(a) City Council. I
[371 I. Council fiewsletter. Mayor' Dunne request ed Council's consideration and recommendations for the next meeting regarding the means of communication with citizens -- through the Council Newsl.etter,.the Quarte ly Report oi- a Yearly Calendar.
[371 2. Policy Statement regarding Agenda. Coun cilman Chase stated he had discussed the matter of a Policy Statement for the method of handling the Agenda with the City Manager, and requested this statement
be prepared by the City Manager for the next regular meeting.
(b) _City Attorney. I
DO1 1. Moratorium - Ocean Street. The matter
of a moratorium on buildings exceeding a height of 35 feet on Ocean Street, was presented.
Following discussion, it was moved that the Council adopt a pos'ition. that the City wil1.not accept a zone change allowing for construction of a building exceed- ing the maximum height limitation of 35 feet, along the area on Ocean Avenue, until such time as the Gen- eral Plan has been amended.
k251 SEE IMSERT - Page 91 2. La Costa - Cable T.V. Franchise. The City AttoEney informed the Council a meeting was held on the La Costa Cable T.V. Franchise and an agreement
I will be drawn regarding this matter. ..:
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i29] 1. The following Reso1.ution was adopted by title only and further reading waived:
Resolution No. 2050. A RESC)LUTION OF THE CITY COUlKIL OF THE CITY OF CARLSBAD, ADOPTING THE SALARY PLAid FOR
THE CITY FOR 1972-73 FISCAL YEAR.
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Councilman Lewis stated he was not present at the July 13, 7972 and had not had an opportunity to review changes.
14" RATIFICATION OF BILLS AND PAYROLL:
Ratification was given the payment of bills for t,he General Expenses of the City in the amount of
, $12,053.74 and the Mater Department in the amount of
, $38,954.54 for the. period.July 1, 1972 through July
~ 15, 1972, as certified by the Director of Finance and ; approved by the Auditing Committee.
Ratification was given the payment of the pay- roll in the amount of $65,374.46 for the period July 1, 1972 through July 15, 1972, as certified by the Director of Finance and approved by the Auditing Committee. I 15- ADJOURNMENT:
By proper motions the meeting was adjourned at 1'2:50 A.M. to Thursday, July 27, 1972, at 5':30 P.M. 'in the City Council Chambers. The Mayor-announced the matter of the Moratorium would be discussed at 5:30
P.I.1. and the matter of the Parks Bond Issue would be
, .discussed at approximately 7:30 P'.M.
I Respectfully submitted,,
*It was requested by Councilman Chase at the regular meeting of the City Council 'held August 1, 1972 that a correction be made to Page 8 - Item 13 b-1. Said correction should be made to the motion and should read "along the developed area on Ocean Avenue".
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