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HomeMy WebLinkAbout1973-06-05; City Council; MinutesCITY OF CARLSBAD COUNCILMEN Meeting of: ! CITY COUNCIL (Regular Meeting) Date of Neeting: June 5, 1973 Time of Meeting: 7:00 P.M. Place of Meeting: Council Chambers . . , 1 - ROLL. CALL: 2- I NVOC1.T I ON: I 3- PLEDGE OF ALLEGIANCE: I 4- APPROVAL OF MINUTES: I (a) Minutes of the regular meeting of May 15, 1973, were approved as presented. I 5- COUNCIL COMMITTEE REPORTS: I C281 (a) Mayor's Youth Committee. Councilman Lewis reported theMayor's Youth Connittee has adjourned for the summer with the exception of four (4) members who will be available to communicate with the Council if necessary. Also Councilman Lewis reported that the "Youth Day" is scheduled to begin on Wednesday, June 6, 1973 at 1:30 P.M. and moved that the Finance Direct be authorized to transfer funds from Account $5-132-1, to Account +5-733-8.0 in the angunl of $500.00 to finance this program, as recommended by the Parks and Recreation Commission and the staff. Brief discussion was held by the Council regarding thi matter and Councilman Chase stated although he support this program, his position is not to set a precedent for this group. [62] Senate Reapportionment. Vice-Mayor McComas r.eported he had attended a session on. Senate Reappor- tionment dealing with apportionment of Assemb1.y Dis- tricts. He stated he opposed Assembly Bill 9164, as did Senator Stull, since ~t would cause some cities to be split into more than one district. 6- HOUSING AUTHORITY: [I051 The Council adjourned to the Housing Authority' at 7:13 P.M. and reconvened at 7:20 P.M., with all Councilmen present. 7- .. PUBLIC HEARINGS: I ] (2) '&-enlla Bill 12026 (cant.) To consider z e Final Environrnenta7 Impact Report and the adoption I of a Specific Plan for property located West of ~anchc Santa Fe Rd., North of La Costa Ave. and South of 200' San Diego Gas & Electric Co. easement in La Costa, to be known as La Costa Vale 2-3. Applicant: La Costa Land Company. The Planning Director stated this matter had been continued from the last regular meeting and gave a brief report. It was the recommendation of the staff that certain wording be substituted, deleting the existing wording in Item 12 of Resolution No. 3129. Mr. Bob Ladwig, Rick Enginesring, 509 Elm Ave, repre- senting the applicant, stated the applicant is in agreenient wi ttl the revised wording relative to parks'. 1 rccommcndr?d by the staff. The Public Hearing was closed at 8:00 P.M. and dis- cussion ensued by the Council. Discussion was- held hy thc Council and the following it I 1;; . .. CITY OF CARLSBAD A motion wa.; made that the Final Environmental Impact Report, known as La Costa Vale, be adopted. The following Resolutions were adopted by title only with further reading waived: Resolution No. 3128. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSGAD,-CALIFORIIIA, ANNOUNCING FIND- INGS AND DECISIOri REGARDING SPECIFIC PLAN FOR LA COSTA VALE, ON PROPERTY LOCATED NORTH OF LA COSTA AVENUE WEST OF RAjiCHO SANTA FE ROAD (realigned) AND SOUTH OF THE 200'. SAN DIEGO GAS AND ELECTRIC COMPANY EASEMEN- IN LA COSTA. Resolution No. 3129. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTA- TIVE MAP (CT 72-20) FOR DEVELOPMENT OF 254 LOTS ON 290 ACRES AND A MAXIMUM OF 1987 DWELLING UNITS ON PROPERTY GENERALLY LOCATED NORTH OF LA COSTA AVENUE, NEST OF RANCHO SANTA FE ROAD (realigned) AND SOUTH OF THE 200' SAN DIEGO GAS AND ELECTRIC EASEMENT IN LA COSTA, sub- ject to the deletion of wording in item #12 to be sub- stituted by the words "The Final Map shall not be re- corded until such time as an agreement has been reach- ed between the City of Carlsbad and La Costa Land Company regarding required parks dedication and fees". and also that the first line of Item #16 be changed to read "The applicant shall be encouraged to work". Further, a motion was made, following discussion by the City Engineer and the Counci 1, that the Counci 1 through the Mayor or Mayor pro-tern direct a letter to La Costa explaining the Counci 1's understanding that La Costa will bear the total expense of a traffic light to be installed at the intersection of El Camino Real and La Costa entrance. Councilman Chase stated he and Mr. McComas, as an appointive committee to work with La Costa, were assured by La Costa that .the traffic signal at that intersection would be installed at their expense. C851 113 (b) Agenda Bill # 2029. (cont.') To consider th Final Environmental Irnoact Reoort and an ao~eal of b the decision of the planning ~omniission in' henyi ng a request.for pre-annexation zone change from County A-1 (8) and E-1 (A) to R-1-7500, RD-My P-C and C-l on llOG acres located North of Batiquitos Lagoon 14est of El Camino Real. Appellant: Rancho La Costa (Ayres) The Planning Director informed the Council this matter was continued from the last regular meeting and offere a brief report, stating many items had been resolved. 6 Mr. Donald Dabison from South Bay Engineering informed the Council he was representing Kr. Ayres, the appel- lant, and was available to answer any questions the Counci 1 ruay have. ) The Public tieariny was closed at 8:20 P.M. I Following discussion by the Council, a motion was mad that the Final Envi ronniental Impact*Report be adopted. CITY OF CARLSBAD June 5, 1973 ... councilman Chase stated he and Councilnian l4cCornas, as an ad hoc c'ornn~i ttee, were asked by Col~ncil to revizw this appeal and after discussing it with the parties involved felt their was no reason to deny the appeal. A motion was made that the Appeal be granted and the matter be referred back to the Planning Commission for further report and that the rec.om;nendations of the ad hoc committee and Planning Department staff be tak'en into con.sideration. The appeal pias granted for the following reason: I 1) The projected densities do comply with the existing General Plan. I [251 (c) Agenda Bill F2030. To consider an applica tion for annexation of certain property to the City of Carlsbad, located Eiorth of Bat'iquitos Lagoon blest of El Camino Real, to be known as "South Carlsbad Annexa- tion No. 1.15", in accordance with Resolution No. 3131 Applicant: Rancho La Costa (Ayres) . The City Clerk presented the Affidavit of Publication and a motion was made that the Affiddvit of Publicatio be accepted and ordered filed. An oral report was given by the Planning Director and a map exhibited for Council's review. There was no one who wished to be heard and the Public . Hearing was closed at 8:32 P.M. Following discussion by the Counci 1, Resolution No. 3135 was adopted by title only with further reading waived: Resolution No. 3135. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE Al4NEXATION OF CERTAIN UNIliHABITED TERRITORY DESIGNATED AS THE "SOUTH CARLSBAD NO. 1.15 ANNEXATION?. I (d) kgenda Bill iY2038. To consider the Final Environmental Impact Report, a request for zone change from R-A-10,000 to P,-C, and the adoption of a Master Plan for a 350 unit development located \lest of El Catxino Real between Chestnut Ave. and Kelly Drive, to be known as Carlsbad Palisades. ~~pl icar1-t; Douglas- Pacific. . The City Clerk 'presented the Affidavit of Pubiication and a motion was made that the Affidavit of Publica- tion be iiccepted and ordered filed. A map was exhibited for Council's review and a staff report presented by the Planning Director. Questions were asked by the Council and-answered by the Planning Director regarding the proposed development. Mr. Jerry Johnston, representing Douglas-Pacific, in- formed the Council plans o-f the developnient call for a 5.5 density to the acre and also that contact has been made with the Carlsbad Unified School District but no agreerncrit has yet been reached with regard to impact on schools. I Thc Counci l hcilrd from Jane and ~obcrt Ki 11 inn, 3950 ctl tl(!~~?lOpincnl;, stati n!~- tiic? c.:ti~iial;cd cost of c(?.cll tlo'ily [Irac \-fine; who spok~ in oppo:,it.ion to .the CITY OF ... CARLSBAD -4- June 5, 1973 unit was not ,in keeping wf th the market value of the other honies in the neighborhood and Mrs. Killian state she cons-il~~:~ed it low-cost housing. Also Mr. Ki llian inquired if single family residences would be used as a buffer between the condominiums and the present property owners. In answer to Mrs. Killian's comment regarding the esti mated cost per unit, Mr. Johnston informed her that with the rising cost of construction, the cost per unit would be increased substantially. Councilman Lewis announced that Mrs. Hatch, a resident on Sunnyhill requested he express her opposition to the proposed project based on cost factor and density. Mrs. Betty Wollrich, 4150 Skyline Rd., informed the Council that her property is contiguous to the develop ment and she is in favor of the proposed development. She was supported by another woman in the audience who identified hemelf as an adjacent property owner. The Public Hearing was closed at 8:53,P.M. Discussion was held by the Council and a motion was made that the Final Environmental Impact Report be adopted, as presented. The following Resolution was adopted by title only with further reading waived: Resolution No. 3136. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FIND- INGS AND DECISION REGARDIrJG CHAt,!GE OF ZONE FROM R-A-10 TO P-C (Planned Community) ON PROPERTY LOCATED WEST OF EL CAMINO REAL, BETWEEN CHESTk4UT AVENUE AND KELLY DRIVE, FOR DEVELOPMENT OF A 350-UNIT PROJECT ON 63 ACRES OF LAND TO BE KNOWN AS "CARLSBAD PALISADES".. @ The following Ordinance was given a first reading by title only with further reading waived: Ordinance No. 9355. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE FROM R-A-10 TO P-C (Planned Community) ON PROPERTY LO- CATED WEST OF EL CAMIMO REAL, BETWEEN CHESTNUT AVENUE AND KELLY DRIVE, FOR DEVELOPMENT OF A 350-UNIT PROJECT ON 63 ACRES OF LAND TO BE KNOWN AS "CARLSBAD PALISADES' . The following Resolution was adopted by title only a with further reading waived: I Resolution No. 3137. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MASTER I PLAN FOR 63 ACRES OF LAND LOCATED iI~Es~ OF EL CAMINO I REAL, RETMEEN CHESTNUT AVEflUE AND KELLY DRIVE, TO ALLON CONSTRUCTION OF A 350-UNIT PROJECT TO BE KNOWN AS "CARLSBAD PALISADES". Mot AY e Abs i4ot AY e Abs Mot AY e Abs Mot AY e Abs CARLSBAD COUNCILMEN . . I June 5, 1973 [g$] (e) .. ~genda Bill Y203?_ To consider the Final nv-ironmental Impact Report and an appeal of the de- cision of the Planning commission in denying a request for a zone change from R-A to R-3 and the adoption of a Specific Plan on property located North of Ocean St. and South of the Buena Vista Lagoon Flood Control Channel. Appellant: Mid-Continent Properties. The City Clerk informed the Council that a 1etter.had been received this date from Mid-Continent Properties requesting a continuance until the next regularly scheduled Council Neeting. The Vice-Mayor inquired if a representative of Mid-Continent Properties was present. No representative was present and the Counci agreed to continue the matter. Mr. Albert E. Stein, property owner on Ocean Street, stated he,protested the request for a continuance of this hearing, since there were. property owners in the audience who were present to state their opposition to the proposed development. Jeannette Cushman, property owner on Ocean Street, inquired of the procedure when a request for a continu ance is made and the applicant is not present at the meeting to hear the Council's decision of their reques She further inquired if a resident in the affected area requested a continuance, would it be granted. The Council informed Ms. Cushman that granting a continuance to an applicant who requests it is a routine matter in Carlsbad and .in most cities. Mr. Robert Kolb, 2480 Ocean Street protested the con- tinuance and stated many of the surrounding property owners were present, as we11 as their attorneys who were at the property owners expense. Mr. Albert Stein requested the matter be continued . beyond the time requested by the appellant, to July 3, 1973, to allow the property owners more time to accumulate facts as to why the appeal should be denied Following discussion, a motion was made that the Pub- lic Hearing be continued until the City Council Meet- ing of July 3, 1973. [43] (f) Agenda Bill #2040. To consider an appeal of the decision of the Planning Commission in denying a request for a Conditional Use Permit to allow con- struction of a 186 space Mobile Home Park and related facilities on 29 acres of land generally located ' Southerly of Palomar Airport Road and east of Lowder Lane. Appell ant: Andrew McReynolds. The City Clerk presented the Affidavit of Publication and a motion was made that the Affidavit of Publica- tion bc accepted and ordered filed. Andrew McReynolds, appellant, requested a continuance until the .next regular meeting and infor~ied the Coun- ) cil it was his feeling that anyone present to be hear should be allowed to do so. CITY OF CARLSBAD COUNCILMEN June 5, 1973 . .. I. The Planning ~irector reported on the appeal and ex- plained some of the physical problems regarding drain- age. A map was exhibited for review and a letter was read from the Department of SanitcLion and Flood Control. The Planning Director presented a complete report on the history of the CUP.dating.back to 1970 and informed the Counci I this is the third CUP request and it was denied by the Planning Commissi.on. The follov~ing persons were heard in opposition to the appeal on the grounds that Mobile Homes would degrade surrounding properties and also the fact that the con- tinuance of mobile homes would deplete agricultural lands and w,il? put agricultural people out of work. Mr. Rex Linnabary, 6530 Camino del Parkay, Mr. Guy Mar, 6503 El Camino Real, Ann .Eckland, 6474 Camino del Parkay, Mr.. John Menrick, 6525 Camino del Parkay, Mr. Maurice Zimmerman, 6507 Camino del Parkay and Mr. Roland Hager, A1 ta Mira Subdivision. he Council inquired if everyone in the Alta Mira ubdivision was aware that possible zoning of.that rea is commercial and light industrial. It was felt by those who spoke in opposition that this zoning possibility would be preferred over a mobile home development. A motion was made that the Public ear-ing be continued to the next regular meeting. A recess was called at 9:30 P.M. and Council reconvene at 9:40 P.M. 8- DEPARTMENTAL REPORTS: A. Parks and Recreation. [701 1. Agenda Bill f2041. Request for alloca- tion of funds for purpose of funding Carlsbad Youth Conference scheduled for June 6, 1973. This matter was presented by Councilman Lewis.under Council Committee Reports at which time transfer of funds to finance this program were approved. [701 2. Agenda Bill H2049. Request for advance of funds 'to purchase kiln and tennis ball machine. The Parks .and Recreati on Di rector presented the reques for the purchase of a kiln and tennis ball machine and answered questions by the Council. Discussion was held by the Council and at the suggestion of the City Manager, it was agreed this matter be continued to the adjourned regular meeting scheduled for the purpose of discussing the budget. B. Planning. 1991 1. Agenda Rill #2042. --- Approval of tenta- tive man for ~arlsbad Tract 73-15 to be known as I Golf ~ibw 'villa, located on the North end of Jcrez Court between Gibraltar St. and Jcrez Court.. Appli- cant: Goif View Invcstinents, Ltd. The Planning Director infor~ncd the Council that the , Tcnt~t.ivc t4np confor~:ls to ii1 1 city rcquirc~iicnts and to / thc Li1 Costa Iliistcr 1)lan. CITY OF CARLSBAD June 5, 1973 a,. .. Following dSscussion by the Council, Resolution #3138 was adopted by title only with further reading waived: Resolutic~rt No. 3138. A RESOLUTION OF THE CITY COUNCIL - OF THE CITY OF CAREBAD, CALIFORNIA, APPROVING TENTA- TIVE MAP (CT .73-15) FOR DEVELOPME!.IT OF A 5-UNIT CON- DOMINIUN PROJECT ON .59 ACRES OF LAND ON PROPERTY LOCATED ON THE NORTH END (CUL-DE-SAC) OF,JEREZ COURT BETNEEN GIBRALTAR STREET AND JEREZ COURT (GOLF VIEW VILLA): subject to the wording in Item #7 being revise to read "the applicant shall be encouraged". C991 2. Agenda Bill f2043. Approval of tenta- tive map for Carlsbad Tract 73-12 to be known as Jerez Court, located between Gibraltar St. and the westerly terminus of Jerez Court. Applicant: Donald R. Gray Construction Co. The Planning Director informed the Council that staff recommendation is for approval of subject Tentative Map, and the following Resolution was adopted by tit16 only with further reading waived: Resolution No. 3139. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTA- TIVE MAP (CT 73-12) FOR DEVELOPMENT OF A 24-UNIT CON- DOMINUM PROJECT ON 1.6 ACRES OF LAND, ON PROPERTY LO- CATED ON THE NORTH SIDE OF JEREZ COURT BETWEEN GIBRALI STREET AND THE WESTERLY TERMINUS OF JEREZ COURT; sub- ject to condition #I being revised to read: "the applicant shall be encouraged". C. Public Works. [933 1. Agenda Bill #2044. Supplemental Agree- me'nt with Vista Sanitation Districtfor enlarcrement ., of certain joint sewerage faci 1 i ties. The Director of Public Works presented an oral report to the Council and explained that initial work for the expansion of joint sewerage faci 1 i ties would con- sist of preparation of a project report defining the scope of the design and would cost the City of Carls- bad $1,650 less any government grant. Further, desigr of the actual facility expansion would cost approxi- mately $60,000 of which Carlsbad's share would be $9,000 less grants. The Public Works Director furthe) informed the Council it would be necessary for the Ci; to ent.er into an agreement with the City of Vista, authorizing them to act as the lead agency and managf the expansion, subject to review by the City of Cayls. bad. Following discussion, Resolution No. 3140 was offered for. adoption by title only wi-th further reading wiavec Resolution No. 3140. A RESOLUTION OF THE CITY COUNCII 01- TtIE CITY OF CAI?LSDAD. CALIFORNIA. AUTIiORIZING THE MAYOR TO EXECUTE A SUPPLEMENT TO T\I~ JOINT POWERS AGREEMENT FOR THE ENCINA SEWER SYSTEM WITH THE VISTA SANITATION DISTRICT TO PROVIDE FOR EXPANSION OF AND ADDITIONS TO SAID SYSTEM: ACCEPTING TllE PROPOSAL OF ' Dl!O\IN Al:D CALD!*IELL TO PROVIDE EIIGIIILEI?IIIG SERVICES IN COEINIICT ION TIIEREUITH AiiD AUTIiORIZING FUNDS Tl1EREFOI CITY OF CARLSBAD June 5, 1373 [70]: 2. Agenda Bill R2045. Resolution No. 3141 - rejecting all bTds and authorizing Cl~rk to readvertis for bids on Laguna Riviera Tennis Co~rts. The Public !iorks Director offered an explanation for the recommendation to reject all bids and readvertise and pointed out bids were 25% over the staff estimate. Following a brief discussion, Resolution No. 3141 was adopted by title only with further reading waived: Resolution No. 3141. A RESOLUTION OF THE CITY COUNCIL -- OF THE CITY OF ~/\~BAD, CALIFORiiIA, REJECTING ALL BID ON CONTRACT NO. 1078 AUD AUTHORIZING THE CITY CLERK TO READVERTISE FOR BIDS ON CONTRACT 1018, INSTALLATION OF TENNIS COURTS AT LAGUNA RIVIERA PARK. [641 3. Agenda Bill 92056. Establishing Light- ing ~ainte'nance-~istricts, The Public l:orks Director reported on the establishmen of 1 ighting maintenance districts explaining it has become necessary to restructure.the present lighting maintenance districts with the annexation of certain properties and new developments. He further explained new districts are being established which will includ the existing districts, and are referred to as Distric ill, ff2, and 773. . .. Discussion was held and the following Resolutions . were adopted by title only with further reading waived Resolution No. 3146. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE CIUI\IICIPAL LIGHTING MAINTENAi,ICE DISTRICT ACT OF 1927 FOR THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM IN THE CITY OF CARLSBAD. Resolution No. 3147. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER REGARDING THE MAINTENANCE AND OPERATION OF A STREET LIGHTING SYSTEM MADE PURSUAN TO RESOLUTION NO. 3146. I Resolution No. 3148. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAKLSBAD, CALIFORiiIA, DECLARING THE INTENTION OF SAID COUNCIL TO PROVIDE FOR THE MAINTEN- ANCE AND OPERATION OF STREET LIGHTING SYSTEMS IN SAID CITY OF A PERIOD OF liiONTHS BEGINNING JULY 1, 7973, AND ENDIEbIG JUNE 30, 1978, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS THERETO. [841 1 Agenda Bill H2046. Request for authori zation to purchase press table and chairs. t Authorization was given for the purchase of a press table and five chairs at a total cost not to exceed $320.00 from account #I -140-9.1. CITY OF CARLSBAD June 5, 1973 E. 'tity -- Manager. 1 [281 3. Agenda Bill #2047. Appointment to San Diego County ~d-tloc Committee on Park Development. A brief discussion was held and it was agreed by the Council that this matter be deferred to the next regu- lar meeting. F'. City" Attorney: I f621 1. Qenda --- Bill $2048. Request for support of Senate Bill 241 re: applicability of Park fees to condoniiniums and apartment conversi ons to condominium ; Follovring discussion, it was agreed that no fornlal action be taken and the Vice-Mayor urged all members of the Council to write a letter to their Senator stating their views. It was also agreed that a letter be drafted by the City Attorney for the Mayor's signa- ture to Mayor Martin A. Lotz of Culver City informing him of the Council's action. 9- ORDINANCES FOR ADOPTION: The following Ordinances were adopted by title only ni th further reading waived: Ordinance No. 9353. AN ORDINANCE OF THE CITY COUNCIL - OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 I OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE FROM R-1-10,000 TO P-C (Planned Commu'nity) FOR PHASE I AND 11, ON 79.4 ACRES OF LAND GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF LOWDER LANE. (A. McReynolds) (Agenda Bill $2024) Ordinance No. 9354. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTI!.lG A PREANNEXATION CHANGE OF ZONE FROM SNA DIEGO COUNTY A-3 (8) TO CITY OF CRRLSOAD P-C (Planned Community) ON PROPERTY LO- CATED ON THE NORTH SIDE OF OLIVENHRIN ROAD AND EAST .OF EL GAMIN0 REAL, CONSISTING OF 311 ACRES, TO BE KNOWN AS EL CAMIN0 GLENS. (Agenda Bill #2025) 10- CONSENT CALENDAR: he following items were approved by one motion affirining the actions on the Consent Calendar. I A. Correspondence - Advisory I B.. Correspondence - Referral. [I023 C; ~~endi Cill ti2050.. The request for teinpor- ary street closure in Playa Road, La Costa was approve and authorization was given the Director of Public Works to i ssuc' road closure permit. D. Authorization; was given the Mayor to execut Future Improvci?~cnt Agreements for the following I properties: C453 1. --.&--- Aqenda Bill #2051. --.-- Parcel Split H183, Acacia Apartrlicnts, Ltd., located on'Acacia Street. I CITY OF CARLSBAD June 5, 1973 [453 -2. Qenda Bill $2052. Parcel Split #l8 Monreal Property, located on ~oosevel t Street. C451 3. Agenda Bill #2053. Breihan Apartments located at 342 Juniper Avenue. I C451 4. Agenda Bi 11 ff2054. Four-uni t apartment located at 4062 Garfield Street. (Milliken) I [I071 E. Agenda Bill #2055. Authorization was given the Mayor and City Clerk to execute a quitclaim deed releasing a waterjine easement in connection with CT 72-18 - Carlsbad ;lanor, Unit #I. C991 [lo71 F. Agenda Bill #832. - Supple #I. Approv was given the Final ;lap for CT 72-23, Alta Mira #3, and authorization given the Mayor and City Clerk to execute quitclaim deed releasing drainage easement. 1991 G. Agenda Rill #10QL - Supplement 81. Approval was given the Final Map for CT 72-32, Cali- fornia Property Brokers, Royal Homes, located on the Southeast side of Chinquapin and between Adams Street and Highland Drive. [261 ti. Agenda Bill 8933.- Supplement XI. The work for Cannon Road Iinprovement, AD 1-1970, Contract #I012 was accepted and the Clerk was instructed to record Notice of Completion and to release the bonds 35 days after recording Notice of Completion. [971 I. Agenda Bill 81025. - Supplement 82. Approval was given Change Order $1 in the amount of $4,447.77, and the work was accepted on behalf of the City; the City Clerk was instructed to record the Notice of Completion and to release bonds 35 days after recording Notice of Completion for street resurfacing project, (Contract 81073) [201 J. Agenda Bill #2057. The following Resolu- tion was adopted by title only with further reading waived: Resolution No. 3144. A RESOLUTION OF THE CITY COUNCIL OF THE ClTY OF CA~GAD, SUPPLEMENTING RESOLUTION NO. 1832 PROVIDING FOR THE COI4DEMIiATION OF CERTAIN PROPERTY FOR WATER RESERV0I.R AND RELATED RIGHT-OF-WAY PURPOSES. ' 1l - COflTINUED BUSINESS: C311 (a) Agenda Bill 82035. Requests for Card- room License. 1 Richard Whittington. 2. Robert Lowe and David Camp. The City Clerk read a le,tler received from the firm of Newherry and McGowan, Attorneys-at-Law, represent- ing Richard Whittington, dated May 14, 1973 requesting this niatlcr be deferred to the June 5th meeting, and a letter dated May 3, 1973 requesting the n~atter be placed on the Agenda. Also, a lcttcr dated flay 29, 1973 from Wi 11 iarii M. Owens, Al;torncy-at-Law, represent i ng Rol1r:rt l.c~lo and David Cati~p, reclues t'i ng consi dcrati of Application for Cardrooni License at thc meeting of Jund 5, 1973. - CARLSBAD -11- June 5, 1973 .: . . Mr. Paul Elewberry, 7855 Ivanhoe, La Jolla, representin Mr. Richard Whittington, was heard b!,' the Council and he requested a re-exami nati on of the current ordinance for cardrooms which lirni ts the number of cardrooms by population. Also heard by the Council was Mr. \~Jilliam Owens, Attor representing Robert Lowe, v~hom 'he identified as a school teacher and David Camp, a PHD Candidate at USD, also requesting a revision in the present ordinance relative to the numSer of cardrooms being controlled by population, so that other applications could be considered, and urged consideration of this request. Lengthy discussion was held by the Council and a motion was made that no action be taken to amend the cardroom ordinance. at this time. 12- ADDITIONAL BUSINESS: (a) City Council. . .- - 1681 - 1. Agenda Bill 82058. The following Resolution was azopted by title only wi.th further reading waived: Resolution No. 314.5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, URGING A CHANGE IN THE COMPREHENSIVE PLANNING ORGAI4IZATIOFI VOTING FORMULA. Motion 'Ayes Absent tilotion Ayes Absent [IlO] 2. Citizen's Water Meter; Vice-Mayor McComas brought to the attention of the Pubiic Works I Director, a water meter belonging to Mr. Baird who lives on Highland Drive, has been .Fenced- into city property and the property owner has no way of getting to the water meter. in case of emergency. Vice-Mayor McComas suggested this situation be corrected. EXECUTIVE SESSION: I I Vice-Mayor McComas called for an Executive Session at 10:50 P.M. for the purpose of discussing personnel and 1 i tigation. The Council reconvened at 12:15 A.M. and Vice-Mayor McComas announced certain 'litigation was discussed and no decisions were made. Also discussGd was personnel. A motion was made that approval be given the Memorandu of Understanding for the three eniployee groups, in substance, and the City Manager be instructed to draft a Salary Resolution for the next regular meeting. ' Further, a motion was made that the Council accept the resignation of Jack B. Arnold, City Manager, with regret, and the Mayor was authorized to write a letter to Mr. Arnold expressing the Council's feelings; that a committee be appointed from the City Council to seek an interiuni City ilanager act! that the Conlniittee report back to the Council at its next regular rrieeting its recomntendat-ion; and the Staff was instructed to pro- , ceed to advertise for a perinanent City Manager. IS Motion Ayes Absent Motion Ayes Absent June 5, 1973 CITY OF CARLSBAD (b) City Manager. (c) City Attorney. 13- RATIFICATION OF BILLS AND PAYROLL: Ratification was given the payment of bills for the General Expenses of the City in the amount of $147,24,3.51 and the Water Department in the amount of $26,464.66 for the period !slay 16, 1973 thru May 31, 197 as certified by the Director of Finance and approved by the Auditing Commi ttee. Ratification was given the payment of the payroll in the amount of $95,691.92 for the 'period May 16, 1973 thru May 31, 1973, as certified by the Director of Finance and approved by the Auditing Commi ttee. C341 Chamber Bi 11s. Vice-Mayor McComas stated he had audited the bills for the Chamber of Commerce and found them to he true and correct to the best of his knowledge. He recommended the.bills in the amount of $5,519.64 be ratified at this time and this amount be reimbursed the Chamber. He further stated this amount represented two periods. 14- ADJOURNMENT: By proper motion, the meeting was adjourned at 12:20 A.M. to June 12, 1973 at 2:00 P.14. in the City Council Chambers. Respectfully submitted, r4Afiw~ ' +f MAR AS T E. ADAMS, City aerk NORA K. GARDINER Recording Secretary Moti Ayes Abse Moti Ayes Abse Moti Ayes Abse Moti Ayes Abse