HomeMy WebLinkAbout1982-06-01; City Council; Minutes> MINUTES
MEETING OF: CITY COUBCIL <Regular Meeting)
DATE OF MEETING: June 1, 1982
TIME OF MEETING: 6:OO P.M.
PLACE OF MEETING: Council Chambers
CALL TO ORDER
The meeting was called to order by Mayor Packard at 6:Ol
P.M. I ROLL CALL was taken by the City Clerk: e I
Present - Packard, Casler, Anear, Kulchin, and
Lewis.
INVOCATION was given by Pastor George De Weese, Christ
United Presbyterian Church.
PLEDGE OF ALLEGIANCE was led by Frank Aleshire, City
Manager.
I PRESENTATION
Mayor Packard presented Stephen L'Heureux with a
Certificate of Appreciation for his service on the
Carlsbad Planning Commission.
I APPROVAL OF MINUTES (Approved by one motion.)
Minutes of the Regular Meeting, held May 18, 1982, were
approved as submitted.
Minutes of the Adjourned Regular Meeting, held May 25,
1982, were approved as corrected.
CONSENT CALENDAR
Council affirmed the action of the Consent Calendar as
follows:
WAIVER OF DOCUMENT TEXT READING
Council waived the reading of the text of all ordinances
and resolutions at this meeting.
(99) 0. AB f6814 - Supplement f2 - FINAL MAP - CT 81-38 -
CARLSBAD INDUSTRIAL ASSOCIATION.
I Council approved the Final Map of Carlsbad Tract 81-38.
1(50) 1. AB f7026 - RATIFICATION OF DEMANDS AGAINST THE CITY. c ' Council ratified payment of demands against the City in
the amount of $1,702,132.56 for the period May 17 to May
21, 1982; Payroll demands in the amount of $256,627.87
for the period May 10 to May 23, 1982; and Housing
demands in the amount of $1,266.33 for the period May 17
to May 21, 1982.
(99) 2. AB 1,5088 - Supplement #8 - ACCEPTANCE OF PUBLIC
IMPROVEMENTS - CT 77-2 UNIT NO. 1 - WOODRIDGE.
Council accepted the public improvements, directed the
Utility/Maintenance Departments to commence maintaining
improvements, and authorized the City Clerk to release
improvement bonds in accordance with City policies.
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June 1, 1982 Page 2
<99) 3. AB #6426 - Supplement f2 - FINAL MAP FOR CARLSBAD
TRACT 80 -2 1 .
Council approved the Final Map of Carlsbad Tract 80-21.
k50) 4. AB f7027 - REQUEST FOR REFUND - IONE ELSNER. i Council approved the request and authorized a refund in
the amount of $600.00 as a result of withdrawal of a zone
change application to Ione E. Elsner.
50) 5. AB +I7028 - REQUEST FOR REFUND - RAY DEVELOPMENT AND
CONSTRUCTION COMPANY.
Council authorized the Finance Director to refund
$1,000.00 for overpayment of sewer connection charges to
Ray Development and Construction Company. lg9) 81) 6. AB #7029 - OFFER OF DEDICATION OF FOUR DRAINAGE
EASEMENTS (CARLSBAD OAKS).
Council adopted the following Resolution:
RESOLUTION NO. 6885, ACCEPTING A GRANT DEED FROM
TITLE INSURANCE AND TRUST COMPANY FOR EASEMENTS FOR
DRAINAGE PURPOSES.
f 50) 7. AB !I7031 - REQUEST FOR REFUND OF FEES - DAON
CORPORATION.
Council approved the requested refund in the amount of
$600.00 to the Daon Corporation as a result of withdrawal
of an application for a tentative map and environmental
assessment. I 81) 8. AB #7032 - WATER LINE EASEMENTS FOR PEA SOUP
ANDERSEN.
Council adopted the following Resolution:
RESOLUTION NO. 6889, ACCEPTING A GRANT DEED FROM
PAUL ECKE, ET AL, FOR WATER LINE EASEMENTS AND
APPURTENANCES PURPOSES. 1 9. AB #I7033 - ANNEXATION OF THE HIEATT PROPERTY.
Council adopted the following Resolution:
RESOLUTION NO. 6890, APPROVING THE ANNEXATION OF
CERTAIN UNINHABITED TERRITORY HEREINAFTER DESCRIBED
AND DESIGNATED AS THE HIEATT ANNEXATION. I 1 97) 10. AB 417039 - 1981-82 STREET RESURFACING PROGRAM -
CONTRACT NO. 1118. I Council adopted the following Resolution:
RESOLUTION NO. 6893, ACCEPTING BIDS AND AUTHORIZING
THE EXECUTION OF CONTRACT NO. 1118 FOR THE 1981-82
STREET RESURFACING PROGRAM.
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ORDINANCES FOR INTRODUCTION
(113) 11. AB 4/7011 - Supplement 411 - SPECIFIC PLAN AND ZONE
CHANGE - SP-184 AND ZC-256.
Council introduced the following Ordinances:
X Lewis TO GRANT A CHANGE OF ZONE (ZC-256) FROM M
X Kulchin CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP
X Ane ar ORDINANCE NO. 9624, AMENDING TITLE 21 OF THE
xx Cas ler
X Packard
(INDUSTRIAL) TO RP (RESIDENTIAL PROFESSIONAL) ON
PROPERTY GENERALLY LOCATED ON BOTH SIDES OF PASEO
DEL NORTE SOUTH OF PALOMAR AIRPORT ROAD.
ORDINANCE NO. 9625, APPROVING SPECIFIC PLAN (SP-184)
FOR A 12 ACRE COMMERCIAL OFFICE AREA GENERALLY
LOCATED ON BOTH SIDES OF PASEO DEL NORTE SOUTH OF
PALOMAR AIRPORT ROAD.
ORDINANCES FOR ADOPTION
(113) 12. AB 416994 - Supplement //1 - SPECIFIC PLAN AND ZONE
CHANGE FOR A GARDEN OFFICE PROJECT - SP-182 AND
ZC-240.
Council adopted the following Ordinances:
X Lewis TO GRANT A CHANGE OF ZONE (ZC-240) FROM R-1-10,000
xx Kulchin CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP
X Anear ORDINANCE NO. 9617, AMENDING TITLE 21 OF THE
X Cas ler
X Packard
TO RP ON 8 ACRES OF PROPERTY GENERALLY LOCATED ON
THE NORTHEAST CORNER OF EL CAMINO REAL AND ELM
AVENUE.
ORDINANCE NO. 9618, APPROVING SPECIFIC PLAN (SP-182)
FOR A GARDEN OFFICE PROJECT ON APPROXIMATELY 8 ACRES
TO BE KNOWN AS ELM GARDEN OFFICES GENERALLY LOCATED
ON THE NORTHEAST CORNER OF EL CAMZNO REAL AND ELM
AVENUE.
(93) 13. AB $/6995 - Supplement i/l - ZONE CHANGE - ZC-255.
( 113)
Council adopted the following Ordinance:
X Lewis CHANGE OF ZONE (ZC-255) FROM R-A-10,000 TO RD-M ON
X Kulchin WNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A
xx Anear ORDINANCE NO. 9620, AMENDING TITLE 21 OF THE CARLSBAD
X Casler
X Packard
4.15 ACRES OF PROPERTY GENERALLY LOCATED ON THE
NORTHWEST CORNER OF EL CAMINO REAL AND CHESTNUT
AVENUE.
Council Member Anear requested consideration be given to
installation of a walkway for the school children on
Janis Way.
(113) 14. AB 413528 - Supplement 4/13 - AGUA HEDIONDA LAND USE
PLAN.
Council adopted the following Ordinances:
X Lewis INTERSTATE 5 AND CANNON ROAD.
xx Kulchin PROPERTY LOCATED ON THE NORTH-WESTERLY QUADRANT OF
X Anear ORDINANCE NO. 9621, DELETING SPECIFIC PLAN 13 ON
X Casler
X Packard
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June 1, 1982 Page 4
( 72)
( 71) (45)
ORDINANCE NO. 9622, AMENDING ORDINANCES NOS. 9279,
9456, AND 9481 BY THE AMENDMENT OF THE SPECIFIC PLAN
ADOPTED THEREBY TO DELETE CERTAIN PORTIONS OF THE
PROPERTY SUBJECT TO THE SPECIFIC PLAN, MORE
SPECIFICALLY, ALL THAT PROPERTY SUBJECT TO THE
SPECIFIC PLAN EAST OF INTERSTATE 5.
15. AB 87014 - NO PARKING ON MONROE STREET.
Council adopted the following Ordinance:
ORDINANCE NO. 3151, AMENDING TITLE 10, CHAPTER 10.40
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.40.051 TO DECLARE A "NO PARKING" ZONE ON
THE WEST SIDE OF MONROE STREET FROM ELM AVENUE TO
HOSP WAY AND ON THE EAST AND WEST SIDES FROM HOSP
WAY TO MARRON ROAD.
16. AB #7015 - NO PARKING ON HOSP WAY.
Council adopted the following Ordinance:
ORDINANCE NO. '3152, AMENDING TITLE 10, CHAPTER 10.40
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
SECTION 10.40.049 TO PROHIBIT PARKING ON HOSP WAY
FROM EL CAMINO REAL TO MONROE STREET.
17. AB /I7017 - DOWNTOWN PROPERTY OWNERS ' PARKING
AGREEMENT.
I Council adopted the following Ordinance:
ORDINANCE NO. 7063, CLOSING A PORTION OF TYLER
STREET TO THROUGH VEHICULAR TRAFFIC TO ALLOW THE
ESTABLISHMENT OF A PARKING FACILITY.
I PUBLIC HEARINGS
(107) 18. AB .$I7008 - Supplement #1 - VACATION OF A PORTION OF
OAK AVENUE AND CANYON STREET.
Richard Allen, the City Engineer, gave the staff report,
essentially as contained in the Agenda Bill. 1 Mayor Packard opened the public hearing at 6:18 P.M., and
extended the invitation to speak. Since no one wished to
speak on the matter, the public hearing was closed.
In response to Council query regarding any street
connections, Mr. Allen explained that one of the lots wil
have access from Oak Avenue, and the other two or three
lots will have access off Canyon Street.
Council adopted the following Resolution:
RESOLUTION NO. 6891, VACATING A PORTION OF OAK
AVENUE AND CANYON STREET.
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19. AB %7034 - PLANNED DEVELOPMENT ORDINANCE - ZCA-132 -
CITY OF CARLSBAD.
Michael Holzmiller of the Planning Department gave some
background on the matter, and with the aid of a flip
chart , he outlined the changes and major features of the
ordinance.
Council briefly discussed the proposed ordinance as it
relates to the appeal process, the appeal fee requirement,
and notification and hearing process. Council also
expressed concern about the allowance of a five foot
minimum setback, street width, and the wording of the
portion pertaining to visitor parking. Also questioned
was the yearly 5% increase in the parking ratio.
As clarification, Mr. Holzmiller noted the five foot
setback only applied for condos, and not single family
homes. He also explained that property owners
neighboring a proposed project would receive notice, and
he explained the procedures which would provide the
opportunity for an administrative hearing, rather than a
public hearing.
Mr. Jim Goff addressed Council, speaking on behalf of the
PD Committee. He indicated the intent of the ordinance
was to provide flexibility to the designer. He added
that the Committee feels the ordinance is a tremendous
improvement, which will encourage good design in Carlsbad,
and urged approval of same.
Council discussion related to the issue of setbacks,
creative design, and the need for flexibility, as well as
possible problems which could result from too much
flexibility.
Mayor Packard opened the public hearing at 7:lO P.M. , and
extended the invitation to speak.
Council recognized Mr. James Swab, 2924 Highland Drive,
Carlsbad. Mr. Swab inquired if there would be provisions
for a variance, or some type of flexibility for certain
projects. He expressed his opinion that the ordinance is
not innovative, and suggested a variance clause be
included in same.
Michael Holzmiller responded that the variance procedure
is in the code and could be used.
Council recognized Mr. Allan Clark, San Juan Capistrano, a
property Owner in La Costa. Mr. Clark inquired if the
setbacks would apply to new and/or existing construction.
Mr. Holzmiller responded that it would be for new
construction under the new PUD.
Council recognized Mrs. Ruth Hart, San Juan Capistrano.
Mrs. Hart referenced the problems in Orange County with
regard to parking, street widths, and 5 foot setbacks, and
expressed concern that those problems could also develop
in Carlsbad.
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Council recognized Mr. Wesley Mudge. Mr. Mudge stated
his opinion that the proposed ordinance is flexible and
workable, and urged adoption of same.
Since no one else wished to speak on the matter, Mayor
Packard closed the public hearing at 7:19 P.M.
Council Member Anear referenced the section in the
ordinance dealing with corner lots, and suggested that the
maximum fence height on corner lots be restricted to 4
feet.
With regard to resident parking, Council Member Anear
suggested the first sentence be revised to read, "All
units must have a minimum of two full-sized residential
parking spaces, . . . . II
Council Member Anear referenced Section 21.45.120, Tenant
Relocation Expenses, and suggested consideration be given
to differentiating between furnished and unfurnished
units. He added that if a tenant is given a years'
notice, the owner should not be required to pay the
tenant a relocat ion allowance.
Council discussion related to the proposed five foot
minimum setback.
Council directed that the frontyard setbacks may be
varied from 10 to 20 feet, with an average of 15 feet.
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Council amended the motion, to specify that the 10 foot
minimum would apply only when driving into the garage
parallel to the street.
A mot ion was made requiring that a fence on a corner lot
cannot exceed 4 feet. The motion failed due to lack of a
majority.
Council Member Kulchin expressed concern with regard to
the deletion of the requirement for the RV storage space.
Council discussion reflected same, and concensus indicated
their desire for RV parking to be provided on the lots,
and if not possible, that RV parking be provided
elsewhere.
Council directed the City Attorney to prepare documents
approving ZCA-132, per Planning Commission Resolution No.
1931, with the inclusion of amendments to include
variance procedures, RV storage requirements, and other
changes directed by Council in previous motions.
Council Member Casler expressed concern with regard to the
Planning Commission directing Staff to undertake such a
long project as this, and suggested that in the future,
such matters be brought before Council for direction.
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Council Member Lewis requested that consideration be
given to allowing a citizen to appeal without charge.
It was noted that the fee is to help offset administrative
costs. Further, a citizen has the right to attempt to
convince any member of the Council to appeal the matter
for them, which would then not require a fee.
A motion was made requiring a minimum 40 foot street
width where parking is on both sides of the street. The
motion failed due to lack of a majority.
RECESS
Mayor Packard called a recess at 8:03 P.M., and Council
reconvened at 8:13 P.M., with five members present.
17) 20. AB f7035 - GENERAL PLAN AMENDMENTS - GPA-Gl/ZONE
CHANGE - ZC-25 1.
With the aid of a flip chart and transparencies showing
the location of the various properties, Michael Holzmiller
gave a staff report on the matter.
Mayor Packard opened the public hearing at 8:28 P.M., and
extended the invitation to speak.
Council recognized Mr. Bob Lattin, 6523 Avenida Del
Paraiso, Carlsbad. Mr. Lattin addressed GPA-61(G), and
indicated he was speaking on behalf of the homeowners
adjacent to the property. He referenced a letter
submitted by the homeowners to the Planning Commission,
which expressed their concerns regarding the elimination
of 18 acres of open space, and the not if ication process.
Mr. Lattin continued that since the Planning Commission
hearing, he has met with Mr. Jim Goff of the Daon
Corporation to discuss their concerns. He added that Mr
Goff has indicated to him that Daon has no plans for
development for the area at this time, but had expressed
a willingness to work with the homeowners during
development of plans.
Mr. Lattin continued that the homeowners are also
concerned with the loss of their views, traffic
congestion, and feel that the natural landscape of the
area should not be destroyed.
Council recognized Mr. Jim Goff, representing the Daon
Corporation, 1241 Elm Avenue, Carlsbad. Mr. Goff
addressed some of the concerns of the homeowners, and
indicated that he will continue to work with them.
Council recognized Mrs. Mildred Alpert, 6519 Avenida Del
Paraiso, Carlsbad. Mrs. Alpert expressed concern with
regard to grading, open space, and height of the lots.
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Council recognized Mr. Bill Steger, 2446 Unicornio,
Carlsbad. Mr. Steger expressed concern with regard to
the high density zoning on Alga Road, traffic on Alga
Road, and the impact on the views from the homes in the
area, and suggested that consideration be given to
changing the zoning boundaries.
Council recognized Mrs. Lynn Varcak, 2601 Colibri Lane,
Carlsbad. She inquired if the open space was cut back
from the original Master Plan, and expressed concern with
regard to grading.
Council recognized Mrs. Ruth Clark, owner of lot 57 on
Unicornio Street, Carlsbad. Mrs. Clark expressed concern
with regard to the density and grading.
Since no one else wished to speak on the matter, Mayor
Packard closed the public hearing at 8:48 P.M.
Council directed the City Attorney to prepare documents
approving GPA-Gl(C).
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Council directed the City Attorney to prepare documents
approving GPA-Gl(F).
Council directed the City Attorney to prepare documents
approving GPA-61 (G) .
Council directed the City Attorney to prepare documents
approving GPA-Gl(H) .
Council Member Casler indicated she is against changing
the sphere of influence except where there are overriding
considerations, and such considerationss do not exist.
1 Council recognized Mr. Jim Goff. Mr. Goff reported on the
history of the matter noting the requirement to build that
portion of Melrose, and resulting problems in getting a
public agency to accept the street and maintenance
responsibility.
A motion was made directing the City Attorney to prepare
documents denying GPA-61(D). The motion failed due to
lack of a majority.
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Council directed the City Attorney to prepare documents
approving GPA-6 1 (D) .
h '113) 21. AB {I7036 - AMENDMENT TO THE LA COSTA MASTER PLAN -
MP-l49(G) - DAON CORPORATION.
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Michael Holzmiller of the Planning Department gave a
staff report on the matter.
Mayor Packard opened the public hearing at 9:05 P.M., and
extended the invitation to speak. Since no one wished to
speak on the matter, the public hearing was closed.
Council directed the City Attorney to prepare documents
approving MP-l49(G), per Planning Commission Resolution
No. 1954.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Utilities
i4) 22. AB #7030 - PROCEEDINGS TO ESTABLISH STREET LIGHTING
DISTRICT 81.
Roger Greer, Director of Utilities and Maintenance, gave
a staff report on the matter.
Council adopted the following Resolution:
RESOLUTION NO. 6886, ORDERING THE PREPARATION OF
PLANS, SPECIFICATIONS, COST ESTIMATES, DIAGRAM,
ASSESSMENT, AND "REPORT" FOR FORMATION OF STREET
LIGHTING AND LANDSCAPING DISTRICT WITHIN SAID CITY,
AND CONSOLIDATION OF EXISTING DISTRICT THEREWITH,
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA.
Mr. Greer reported on the costs of the assessments.
Council adopted the following Resolution:
RESOLUTION NO. 6887, APPROVING THE ENGINEER'S
"REPORT" FOR CERTAIN STREET LIGHTING AND LANDSCAPING
1 IMPROVEMENTS IN A PROPOSED STREET LIGHTING AND
LANDSCAPING DISTRICT.
Council adopted the following Resolution:
RESOLUTION NO. 6888, DECLARING ITS INTENTION TO
ORDER THE FORMATION OF A STREET LIGHTING AND
LANDSCAPING DISTRICT AND THE CONSOLIDATION OF AN
EXISTING DISTRICT THEREWITH; TO LEVY AND COLLECT
ASSESSMENTS FOR CERTAIN IMPROVEMENTS PURSUANT TO
PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA; AND
SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON.
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City Attorney
I (99) 23. AB 87037 - SUBDIVISION ORDINANCE REVISION.
I Council introduced the following Ordinance: t ORDINANCE NO. 9626, AMENDING TITLE 20 OF THE
CHAPTERS AND SECTIONS TO REVISE THE SUBDIVISION
REVIEW PROCESS TO CONFORM TO AMENDMENTS TO THE
SUBDIVISION MAP ACT.
I CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS
Central Services
(69) 24. AB 87038 - APPOINTMENT TO PARKS AND RECREATION
COMMISSION.
Mayor Packard suggested that the appointment be made by
the new Mayor. Council concurred.
OFF-AGENDA ITEM
Occidental Land - Agreement
The City Manager gave a brief report on previous Council
action, and indicated that Mr. Wassman, representing
Occidental, had requested an opportunity to address the
Council on the matter of the agreement.
Council unanimously agreed to take the matter up as an
off-agenda item.
The City Manager gave a staff report, commenting on
Council's previous action, and noted that Mr. Wassman
wished to speak to Council on some items that were
lacking agreement.
Council recognized Mr. Ken Wassman, representing
Occidental. Mr. Wassman referenced page 8 of the
agreement, and indicated that any units above 725 on the
Lusk property would pay current park-in-lieu fees. He
indicated that as written, 725 units were restricted to
parcels 12 and 13, and Lusk would not sign an agreement on
that matter. He requested the insertion of parcel 11 so
the credits could apply to all three Lusk parcels.
I Council discussion reflected concensus that parcel 11 9 should be included so the credits could apply to all Lusk
parcels.
Mr. Wassman also referenced the section that would
require Lusk to pay $841,000 for construction of the
overcrossing. He indicated that the desire to change the
language to reflect the construction of the approaches to
the overcrossing.
Mr. Wassman referenced the section that requires Lusk to
deliver a bond in a form acceptable to the City Attorney.
He noted that Lusk would like to include some language to
emphasize that it would be a bond, and not cash which was
required.
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June 1, 1982 Page 11
I The City
been inc
bond in
‘ Attorney indicated that when the language had
luded which would require Lusk to give the City a
a form acceptable to the City Attorney providing
that the money would be paid when a subdivision goes, or
whenever the City is ready to let the contract, whichever
occurs first, it is normal terminology for requiring
bonds. He indicated he did not know how to make the
requirement any clearer.
Council approved the agreement with Occidental Land
Company as presented and amended, recognizing that
minor corrections would be made.
Council Member Anear indicated he cast a negative vote
for the reasons he outlined at a previous meeting.
COUNCIL REPORTS
JAC
Council Member Casler reported on a recent JAC Meeting.
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SANDAG I
Council Member Casler reported on a recent SANDAG
Meet ing .
CLOSED SESSION
Mayor Packard called a Closed Session at 9:45 P.M., for
the purposes of discussing salary negotiations.
Council reconvened at 10:29 P.M. with five members
present, and Mayor Packard announced that City negotiators
were instructed on the meet and confer process.
ADJOURNMENT
By proper motion the meeting was adjourned at 10:30 P.M.
Respectfully Submitted,
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ALETHA L. RAUTENKRANZ, City C1 rk
Ann R. Allernan, Minutes Clerk
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