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Meeting of: CITY COUI\ICIL (Regular Meeting) Date of Meeting: January 75, 1974 Time of Meeting: 7:OO P.M.
me! 1. Counci 7 Chambers
I l- ROLL CALL:
2- INVOCATION was offered by Mayor Dunne.
3- PLEDGE OF ALLEGIANCE vdas given.
4- APPROVAL OF MINUTES: (Approved by one motion)
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(a) "lnutes of the adjourned regular meeting, held December 28, 1974.
(b) Minutes of the r,egular meeting held January
2, 1974.
5- CITY COUNCIL COMMITTEE REPORTS: I
C681 (a) C.P.O. Councilman Frazee reported on the CPO meeting held January 74, 1974. He stated his position on the Deddeh. Bill regarding the transit district and the County Open Space Plan, the goals of which were adopted on an interim ba Cmn. Frazee said a meeting was scheduled with Supervisor Conde to discuss the Brown propDsal regarding the vot~i ng formul a.
C921 (b) ENCINA WATER POLLUTION CONTROL FACILITY. Councilman Chase stated at the meeting to be he7 January 16, 1374, it is anticipated that Leucadi Coullty Water District will agree that buy-in monies will be div.ided four ways. Encinitas has already agreed to the division.
L681 (c) REGIONAL COASTAL COMMISSION. Councilman Frazee informed the Counci 7 the Commission will
hold its public hearing on the 25th of January to consider the San Diego Gas and Electric matter. The City Manager stated he and the Planner had discussed the matter and would see' that input from the City is offered to the Commission.
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f28] (d) " MAYOR'S YOUTH COHMITTEE. Councilman Lewis reported on the Committee. activity.. The-Council I .. emphasized the importance of xommktee awareness to all aspects of the City and of not focusing atteytion in just one area.. '
[68] (e) BI-CENTENNIAL COMMITTEE. The Nayor. announ- ced a meetinq will be held at DAISY'S for 1 - breakfast .to iay plans -For th2 City's 'celebratio
of our cocntry's 200th anniversary. 1
6- PUBLIC HEARINGS - 7:30 P.M.
L713-j (a) Agenda Bi7 1 #2241 - continued from 7-2-74. To consider the actoption of a Master Plan and Specific Plan to allow for development of 146
single family residential units or1 property generally located on the east side of El Carnino Real between Kelly Drive and Chestnut P,venuer APFLICANT: Amos Sonmers.
The Deputy City Clerk stated the Affidavits of Publication are on file. i I I I
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~ The City Planner stated the development meets th
! requirements of the Interim Open Space Zoning /I
1 Ordinance and that the Planning Commission has recommended app Management Perm an appeal is filed with the City Council within I/ ten calendar days from the date of approval. He further stated the development complies with I
the Pl anned Communi ty requi rements.
Mr. Amos Sommers, applicant, addressed the. Council and sta would be furnished to the open space easement. He added that whatever landscaping was required by the City would be accomplished.
No one else wished to be heard and the public hearing was closed.
Concern was expressed by the Council about the
open space slopes and the maintenance of them. Without a homeowners association, it was felt, a serious p'robfem could arise from debris collecting on the slopes.
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. Mr. Sommers fndicated his willingness to work with the City to resolve the matter to the sat- isfaction of the City.
. Following discussion, Resolution No. 3299 was offered and adopted.
RESOLUTION NO. 3299. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MASTER PLAN FOR 52.5 ACRES OF LAND, LOCATED EASTERLY OF AND ADJACENT TO EL CAMINO REAL, SOUTHERLY OF THE PRESENT SOUTHERLY MOST EXTENSION OF T OF A SINGLE FA
Also offered an
RESOLUTION NO. 3300. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C'AARLSBAD, CALIFORNIA,
SPECIFIC PLAN ( ANNOUNCING FINDINGS AND DECISION AND ADOPTING .
OF A 'r46-LOT.SI
EASTERLY OF AI?!
OF TRIESTE DRIVE. APPLICANT: AMOS SOMMERS.
The Chuncil agreed to continue Resolution No. 3301 regarding the Tentative Map to allow solution of the slope easement maintenance.
C113-j (b) Agenda Bill #22i.9 - .continued frcm 1-2-74. To consider the approval of a Specific Plan to
a1 low development of a 190 unit condorni ni um complex on property located at the northeast, corner of the intersection of Lowder Lane and Poinsettia Lane. APPLICANT: Hester Develop- ment Company and Occider,tal Petroleum Corp.
Nr. Ken lirassman, Occidental Petroleum represen- "L.tive, addressed the Council and asked the
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Council to continue the matter pending agreement being reached with the School Districts.
The Council concurred and the matter was.. continued to, February 5, 1974..
[22] (c) Agenda Bill #2270. To consider a plan sub- -1 mitted by the County of San Diego for the expan- I sion of Palomar Airport, said property being. located at the northeast corner of the inter- section of El Camino Real and Palomar Airport Rd
The Deputy City Clerk stated the Affidavits of
Publication are on file and no.correspondence has been received.
The staff stated the acquisition and use of 54 acres of the subject property for the purposes of a clear, zene and instrument landing system lights for the.existing Palomar Airport is in conformance to the adopted General Plan. It was further stated that any changes in plans by..tlie County would be treated the same as any individ- ual property owner. .
Following discussion by the City Council, the following resolutions were offered and adopted.
RESOLUTION NO. 3331. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPORTING AS TO THE CONFORMITY WITH THE CARLSBAD GENERAL PLAN OF A PROPOSED ACQUlSITION BY THE COUNTY OF SAN DIEGO OF APPR.OXIMATELY 231 ACRES
OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF PALOMAR AIRPORT ROAD AND EL. CAMINO REAL.
RESOLUTION NO. 3332. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARlSBAD,-CALIFORNIA, APPROVING THE PLAN FOR THE EXPANSION OF PALOMAR
. AIRPORT.
7- DEPARTMENTAL REPORTS:
A. Planning.
1991 1. Agenda Bill 82191 - continued from 1-2-74. Approval of tentative map for Carlsbad Tract 73-47 to consolidate three existing lots into one to be used for condominium purposes, propertj generally located on the west side of Jerez Court, north of Gibraiter Street in La Costa. APPLICANT: Condo-Costa Developers.
John Harrison, developer, informed the Council that the public facilities policy will be com- plied with ds soon as fizancing arrangements are completed. He requested the matter be ccn- tinued to February 19, 1974. I The Council agreed to cdntinue the Tentative Map crn CT 73-47 to febrtlary 19, 1974.
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[99] 2. Aaenda Bill #2221 - continued from . '
January 2, 1974. Approval of tentative map for Carlsbad Tract 73-17, to allow 12 condominium units on land generally located on the north side of Nava'rra Drive between Viejo Casti 11 a Way and the westerly cul-de-sac of Navarra Drive.
APPLICANT: Nathan Simon
The City Planning Director stated there is no indication of compliance with the Pub1 ic Facil i t Policy. He further stated that letters had been sent to those applicants .with tentative maps who have not complied with the policy requesting that a written request for continuance be filed with the City Clerk by January 11, 1974 or that the developer or his representative plan to attend the Council meeting of the 15th to reques a continuance. The letters were sent registered
nail, return receipt requested.
No request for continuance had been received by the City Clerk or by the Planning Department and no representative of the proposed development was in attendance.
A motion was made to continue the matter for 48 hours to allow the developer. an opportunity to make written request for'a continuance. Should he fail to do so the tentative map will be deeme denied on the basis of failure to comply with the Public Facilities Policy. I
1991 3. .Agenda Bill $2256 - 'continued from January 2, 1974. Approval .of tentative map for
Carlsbad Tract 73-52' to allow a one lot 22 unit
. candomfnium project and a one lot parking and boat lauching facility on properxy located at the end-of Cove Drive in Bristol Cove. APPLICANT: Ch'arles J. Kuderna.
The staff stated a letter had been received requesting the matter be continued to February
5, 1974. It was so moved.
m31 4. P,genda Bill #2157. Report and- recom- mendation from Planning Commission regarding a request for change of zone from R-l-10'3000 to 'IM" Zone on approximately 29 acres ,located easterly of and adjacent to Lowder Lane, and southerly .of the .intersection of Lowder Lane and Palomar Airport 'Road. APPLICANT: Andrew McReynol ds.
The Planning Director gave a comprehensive rkport on the matter. He stated a meeting with Dr. McReynolds had been held on January 7, and the applicant was still unwilling to accept the recommendations of the Planning Commfssion for ?-PI zoning. Mr. Agatep, suggested two courses
of action for the Council to consider: (1) to rezone the subject property P-M and to amend the Land Use Element of the General Plan; this course would require the matter be tabled until the amendment was accomplished; (2) deny the appeal cf .the applicant for ''15'1" zoning.
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RECESS: The Mayor called a recess at 8:55 P.M. and the Council reconvened at 9:lO P.M. with all Councilmen present.
Dr. Andrew McReynolds addressed the Council and expressed his desire to develop the area as light industrial and commercial.' He felt C-M , zoning would best suit his purposes. However, if P-M zoning was the only zone the Council. woul considerg then he would be willing to accept it.
In answer to the question raised as to the pro- priety of hearing this matter because of the restrictions created by State Legislation, the Ci.ty Attorney stated it could properly be heard and suggested (1) If the Council has no interes
in P-M zoning the applicant shoul'd be notified. (2) If the Council is interested in P-M, the matter be tabled until such time as the General Plan is amended. (3) If the Council wishes to
consider C-M zoning, the matter should be referred back to the Planning Commission.
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A motion was made' to table the matter. The motion carried by the vote herein stated:
C571 The City Planner stated the Land Use Committee would be meeting and would make recommendations
and suggest a schedule for handling amendments to the General Plan and a report would be ready by the February 5, 1974 meeting of the Council.
C79J 5. Agenda Bill #2271. Consideration of the
adoption of standard conditions and development policies as adopted by the Planning Commission.'
The Council discussed the subject policies and indicated that staff and public should examine
carefully and make recommendations to the Counci
The staff stated that only those portions of the policies already supported by existing
that the proposed policies would be available to the publi'c for comment.
The Council directed the staff to return. the
matter for their.consideration the second meet- ing in March (19th), incorparating additional recommendations.
- ordinances and policies were being ut-ilized and
E1131 6. Keport from Planning Commission on zone change #134, Davfd Ellsworth property.
The Cohncil acknowledged the report from the Planning Commission.
The City Attorney informed the Council that even LLhoUgh the appeal of Rr. Ellsworth had been $ranted prior to January 1, 7974, it was not.'.:
reconsi.dered by the. Planning Commission.- until . January 7, 1974 and to comply with State law, the matter will have to be tabled until the General. Plan amndment has been acccrnplished.
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Mayor Dunne' asked for ciarification on when the General Plan amendments would come before the Council. The City Manager stated the staff will give the Council a schedule as to when these -matters will be brought up again.
Mr. David Ellsworth, appiicant, spoke to the .
Council and stated he had delayed filing his application by many months at the request of the staff in order that the over-lay plan for the area could be completed. To date, the over-lay plan is still not ready and the time lost has prevented the development of his property. He urged the Council to d-irect the staff to inform applicants when legislation is pending which
The Council and staff agreed with the points made by Mr. Ellsworth and the matter was tabled pending the General Plan amendment.
The City Planner said his department had analyze the County's Open Space Plan on two levels, land use designation and under development, such as
perspective,. whereas Carlsbad's plan concentrate more on local open sp-ace needs. He stated he ha met with the County's representative and evalu-
ated the differences; it wasaindicated the Count. would correct their Open Space Map to reflect the conflicts. Mr. Agatep further stated the
County's pl an of preserving agri cul tural lands was a means of controlling growth in an orderly fashion. The means available for the County to acquire these lands became .limited so the thrust was diminished.
B. City Manager.
1. Agenda Bill #2265.. Apprcval of Draft Copy of the Ca'ty of Carisbad Emergency Plan.
The Council acknowledged the Draft Copy sf the Emergency Plan and a motion was made to adopt
. . Resolution No. 3324.
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RESOLUTION NO. 3324. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND ADOPTING THE HORKING DRAFT COPY OF THE CITY OF CARLSBAD EMERGENCY PLAN AS THE
CITY OF CARLSBAD EMERGENCY PL.AN, was adopted by title only and further reading waived.
C271 .2. Agenda Bill $2273. Approval of the
B Annual. Audit for 1972-73.
The Council. thanked Mr. James Gaiser, auditor, for the comprehensive audit, and a motion was made to accept the audit report for the City and the Water Department.
The City Manager stated he would make a report on the recommendations contained in the'audit at the February 5th meeting of the City Council.
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EXECUTIVE SESSION: Mayor Dunne called an Exec- utive Sessi'on at 10:15 to discuss personnel and the meeting reconvened at 10:55 P.M. with all Councilmen present. The Mayor announced.no action had been -taken. ,
~741 3. Agenda Bill #2274. Revision of Personne Rules and Regulations, Section 14 (Rule 10) - Overtime.
The Council considered the recommendations of the staff and a motion was made approving the recommendations and referring the matter to the City Attorney for preparati.on of a resolution to incorporate the proposed changes into the
Personnel Rules and Regulations.
1731 4. Agenda Bill xC2275. Permit for shooting Mud Hens - La Costa Golf Course. -
The Counci.1 concurred this was basically an administrative matter and moved that the City Manager be authorized to grant a permit with such conditions as may.be deemed necessary.
c7Kl 5. Agenda Bill $2276. Request fGr funds budgeted and approved in Account 5-133-9.1 for a trampoline .to be expended on a vaulting horse.
The Couucil accepted the recommendatiqns of the staff regarding the purchase of a vaulting horse and Resolution No. 3333 was presented and adopte
RESOLUTION NO. 33-33. A RESO.LUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
ITURE - OF FUNDS SUBSTITUTING VAULTING HORSE FOR TRAVIPOLINE.
AMENDING THE BUDGET AND AUTHORIZING THE EXDEND-
r441 6. Agenda Bill $2277. Gage-Babcock Report ts1I pertaining to Fire Defenses in the City of Ca.r1s bad.
The CoLiilcil commented on the fjne quality of the report and a motion was made to refer it to the Fire Protecticn Improvement Ccmrnf ttee far study
sild recommendation.
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The Council inquired as to when the final report could be expected and the staff informed them the consultants would meet with the Committee and the recommendations resulting therefrom woul be incorporated in the final report. No definit
time couFc! be stated for the Fire Defenses Repor being returned to the Council.
c511 7. Agenda Bill n"2278-A. Request for increase in Fire Department manpower.
The City Manager gave a report on the need for additional Fire Department personnel, stating there is an eligibility list available. He said the position of Captain would be filled from a pr'omotional eligibility list and the requested five additional firemen would be .selected from an up-dated list.
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A motion was made 'authorizing the City Manager to recruit five firemen and to prepare a resolu- tion for the next Council meeting.
8- ORDINANCES, FOR ADOPTION:
(a) Agenda Bill X2239 - Anirnal.contro1 and regulation; the following ordinance was given a second reading and adopted.
[24] ORDINANCE NO. 3099. AN ORDINANCE OF TtiE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 1 AMENDING THE MUNICIPAL CODE BY REPEALING CHAPTER 7.08'REGULATING RABIES AND PROVIDING FOR ANIMAL
ERENCE OF CHAPTER 6, DIVISION 2, TITLE 6, OF THE
SAN DIEGO COUNTY CODE.
CONTROL AND REGULATION BY THE ADOPTION BY REF-
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(b) Agenda Bill #2254. Amendment to Master Plan - La Costa. The fol lowinq ordinance was I given a second reading and adopted. I
[113] ORDINANCE 9376. AN ORDINANCE OF THE CITY COUNCI OF THE CITY OF CARLSBAD, CALIFORNIA. AMENDING ORDINANCE NO. 9x2 BY ADOPTING A REVISED MASTER PLAN FOR THE LA COSTA AREA.
'IO- CONS'ENT CALENDAR:
The following i tems were approved by one motion affirming the actions 0.f the Consent Calendar: 1
f411 A. Agenda Bill 82278 - CLAIM FOR DAMAGES. (Will Thomas Hyde, Jr.) RESOLUTION NO. 3334. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A CLAIM. AGAINST THE CITY, was adogted by title only with further reading waived: -I
[I 071 B. Agenda Bill #2273 - .QUITCLAIM - SEWER EASE-
MENT. (La Costa Area)
RESOLUTION 1\10. 3335. A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF CARLSBAD, CALIFORNIA, AUTHORiZING THE MAYOR AND .CITY CLERK TO EXECUTE
MENT 1\13 LONGER REQUIRED BY THE CITY, was adopted
by title only with further. reading waived.
A QUITCLAIM DEED INVOLVING A SEWER LINE EASE-
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f701 C. Agenda 'Bill #2203 - Supplement n"3. NOTICE OF COMPLETION - Laguna Riviera Tennis Courts.
The Council accepted the work on behalf of the City and instructed the City Clerk to record the Notice of Completion and to release bonds 35 days after recordation.
The following itens were removed from the Consen
Calendar and discussed.
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[45] D. Agenda Bill #2281. Future Improvement Agree ment - re: Eugene Chappee property.
The City Attorney wished to bring to the atten- - tion of the Council that a problem had arisen with the fire hydrant; this has-.no effect on the Future Improvement Agreement but it does the Conditional Use Permit. A further report will be given the Council in the near future.
A motion was made to approve the Future Improve ment Agreement.
[62] E. Agenda Bill #2282. Legislation re: throwa- way Feverage containers.
Councilman Chase stated he felt the Assembly Bil
ensued and the following resolution was present and adopted.
. was too vague to be of real value. Discussion
RESOLUTION NO. 3336. A RESOLUTION OF THE CARLS CITY COUNCIL SUPPORTI.NG ASSEMBLY BILL 594 OF THE CALIFORNIA LEGISLATURE FOR THE 1973-74 REGULAR SESSION AND ANY OTHER SIMILAR LEGISLATION RELATING TO BEVERAGE CONTAINERS.
[62] F. Agenda Bill #2283. THE ENERGY EMERGENCY ACT LIMITATIONS ON EPA PARKING REGULATIONS.
The City. Attorney gave a comprehensive report and following Council discussion Resolution No. 3337 was introduced and adopted.
RESOLUTION NO. 3337. A RESOLUTIOllf OF THE CITY COUttCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXPRESSING SUPPORT FOR TfiE PASSAGE OF SECTION 202(c) OF -S2589 IN THE UNITED STATES SENATE,
ING SURCHARGES. LIMITING M'ANAGEMENT OF PARKING SUPPLY AND PARK-
IO- ADDITIONAL BUSINESS.
A. City Council.
u 031 la Agenda Bill 42284. . Ccrrespondence re: stop signs at Tamarack Avenue and Park Drive. .
At the recommendation of the Acting Public Work Director, the matter was referred to the Traffi Safety Comrnissi.on.
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Councilman Chase said he- had referred Mr. Ray Coronado to the Acting Public lilorks Director for an item to be placed on the Traffic Safety Commission agenda. Mr. Flinagan will contact Mr. Coronado'.
[4O] PUBLIC ADDRESS SYSTEIII. Councilman Chase stated many complaints have been voiced by citizens in the auaience who are not able to. hear action taken by the Council. He suggested the staff investigate a means of greater amplification.
1701 BOAT TESTING ON THE LAGOON. Councilman Lewis inquired as to whether boat testing was still allowed on the Agua Hedionda was asked to review ordinance
the lagoon.
1481 ELECTION LAWS. A general discussion regarding Election Laws was held and the City Attorney was asked to review-changes in the law in regard to vacancies on .the Council.
€3. Ci ty Manager.
The City Manager reported on an appeal filed and granted in part on condition #13 of Planning Commission Resolution No. 978'granting a CUP to Alfonso L. Filipponi. Following discussion, Resolution No. 3338. was presented and adopted. Councilman Chase . abstained from all discussion and voting.
RESOLUTION NO. 3338. A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of CARLSBAD, CALIFORNIA,
. . ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL
USE PERMIT FOR A RESIDENTIAL CARE FACILITY FOR DEVELOPMENTALLY DISP.BLED ADULTS ON PROPERTY
REAL SOUTHERLY OF KELLY DRIVE, COMMONLY KNOWN
AS THUrjDERBIRD RANCH. (Alfonso L. Filipponi)
The City Manager reiterated that a report
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. GENERALLY LOCATED ON THE MEST SIDE OF EL CAMINO
will be brought to the Council on how to handle amendments to the General Plan.
Councilma'n Chase emphasized the lmportanceof dates being set to process such projects as. Mr. Ellsworth's. He stated he-felt that-definit beginning and cut-off dates shouid be establishe
to hand1 e. such appl i cati ons without any delay due to processing new applications.
C. City Attorney.
Ihe Cjty Attorney brought to the attention
of the Council that the Ponto Area does.not presently conform to the General Plan. He stated that to zone the area 'I!?" wouid bring it into. conforinity Igith the General Plan but would make existing businesses non-conforming. tte
.felt that since one building permit had been issued recently and there was a prospect of another coming up, perhap.s the Council. would lik to gfve consideration to the ion .of Council attitude was requested.
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~ 11- RATIFICATION OF BILLS AND PAYROLL:
Ratification was given the payment of bills for
the General Expenses of the City in the amount of $122,672.81, and the Water Department in the amount of $16,565.98, for.the period of January
1, 1974 through January 15, 1974, as certified by the Director of Finance and .approved by the Auditing Commi ttee.
Ratification was given the payment of the payro in the amount of $91,680.95 for the period of January 1, 1974 through January 15, 1974, as certified by the Director of Finance and approved by the Auditing Committee.
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[34] Chamber of Commerce. Mayor Dunne stated he had audited the bills for the Chanber and found the to be true and correct to the best of his know- ledge.' He recommended the bills in the amount of $2;074.49 be ratified at this time and this amount be reimbursed the Chamber.
1 2- ADJOURNMENT:
By proper motion, the meeting was adjourned at 12:15 A.M., to Thursday, January 17, 1974, at 7:OO P.M., in the City Council Chambers.
Respectfully submitted, %p{d MAR A T E. ADAMS, TqAd. Ci.ty .Clerk
by: irginia M. Smith, Recording Secretary
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