HomeMy WebLinkAbout1983-06-07; City Council; Minutes. : “s
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MINUTES 147
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: June 7, 1983 ~ime of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers
CALL TO ORDER:
The Meeting was called to order by Mayor Casler at
6:Ol p.m.
ROLL CALL was taken by the City Clerk as follows:
Present: Council Members Casler, Lewis, Kulchin, Chick and Presmtt.
Absent: None.
INVOCATION was given by Pastor A1 Romnereim of the American Lutheran Church.
PLEDGE OF ALLEGIANCE was led by Councilwoman Kulchin.
APPROVAL OF MINUTES: (one mtion)
The Minutes of the Regular Meeting held May 17, 1983,
were approved as presented.
The Minutes of the Adjourned Meetings held May 24 and 25, 1983, were approved as presented.
PRESENTATION:
Mayor Casler read a Certificate of Appreciation for Arthur Kantor, who served as a Member of the Traffic Safety Comnission from October 1981 until recently.
Police Chief Jimno introduced Robert Vales, who has been promted to Captain in the Police Department.
PROCLAMATION :
Mayor Casler read a Proclamation proclaiming June 24, 1983, as Carlsbad Day. There will be a barbecue at Holiday Park at 5:OO p.m., and all proceeds will go toward the 4th of July Celebration.
A representative from the Southern California Exposition issued invitations to the Council to attend Carlsbad Day at the Fair, June 20, 1983. Mayor Casler is to lead the parade that day. I
CONSENT CALENDAR:
Council confirmed the action of the Consent Calendar as
follows:
WAIVER OF ORDINPNCE TEXT READING:
Council waived the reading of the text of all ordinances and resolutions at this meeting.
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xx Prescott X Chick
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CONSENT CALENDAR: (Continued)
1. AB #7381 - RATIFICATION OF DENANDS.
Council ratified the payment of demands against the
City in the amount of $1,085,018.01, for the period May 13 to June 1, 1983; Payroll demands in the amount of $310,595.98, for the period May 9
to May 22, 1983; and Housing demands in the amount of $56,023.24 for the period May 13 to June 1,
1983.
2. AB #7058 - Supplement #1 - AMENDMENT OF AGREM
WITH CARL ImRREN AND COMPANY.
Council adopted RESOLUTION NO. 7229, amending the
agreement with Carl Warren and Coqany for claim
administration services.
3. AB #7306 - Supplement #2 - CONSULTANT AGREE" -
JAMES DRIVE ASSESSMENT DISTRICT.
Council adopted RESOLUTION NO. 7184, approving an agreement with the firm of Brawn and Nazarek for legal services, and an agreement with the firm of Berryman and Stephenson for engineering consulting services, for the James Drive Assessment District.
4. AB #7392 - BUSINESS LICENSE FOR GRAND PRIX
MOTOCROSS.
Council approved the issuance of a business license to Grand Prix Motocross, Inc., for the Motocross to
be held at the Carlsbad Raceway on June 25 and June
26, 1983, subject to conditions.
5. AB #7393 - ASSEPBLY BILL 1597-1599,
Council took a position in opposition to Ass&ly Bills 1597 and 1599, which would allow the state to overrule local government in establishing each city's allocation of housing units.
6. AB #7394 - mTNDING COMMITMENT FOR BRIDGE WIDENING PROJECT AT 1-5 AND PAIx;MAR AIRPORT ROAD.
Council adopted RESOLUTION NO. 7230, declaring City intention to fund a bridge widening project at Palomar Airport Road and 1-5.
7. AB #7395 - ACCEPTING A GRANT DEED FOR A DRAINAGE
EASEMENT FOR JEFFERSON SCHOOL BALL FIELD - PFOJECT NO.
3716,
Council adopted RESOLUTION NO. 7231, accepting a grant deed from Carlsbad Development Corporation
for a drainage easement for the Jefferson School
ball field, and authorizing the Mayor to sign the
Hold Harmless Agreement.
8. AB #7110 - Suwlement #2 - FINAL MAP AND SEWER
8/PUD-4 1 . EASEMENT - TREETOPS UNLIMITED (VILLAGE G) - CT 82-
Council approved the final map for CT 82-8, PUD-
41, and dopted RESOLUTION NO. 7232, accepting an easement for sewer purposes from Cedric Sanders.
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9. AB #7276 - Supplement #2 - GRAND AVENUE WATERLINE REPLACEMENT - CON'lXACT NO. 1 128,
Council accepted the replacement of a waterline in Grand Avenue from Jefferson to Madison Street
as complete, and directed the City Clerk to record
the Notice of Corpletion and release the bonds 35 days after recordation. *
10. AB #6870 - Supplement #2 - FINAL MAP - THE GROVE - CT 81-41,
Council approved the final map of CT 81-41, approved the letter of agreement, dated March 11,
1983, deferring payment of a portion of the public facilities fees for the project, and adopted RESOLUTION NO. 7233, accepting the encroachment agreement.
11. AB #6791 - Supplement #2 - TENTATIVE MAP EXTENSION - CT 81-34 - TRABERT.
Council adopted RESOLUTION NO. 7234, approving a one-year extension of time for CT 81-34, including
CP-181.
12. AB #7396 - PROFOSAL FOR AUDIO VISUAL INSURANCE FEE AND MAINTENANCE FUND.
Council adopted RESOLUTION NO. 7235, authorizing the establishment of a special revenue fund for
insurance to pay for repair and/or replacement of damaged film and video tape.
13. AB #7397 - COUNCIL SupPoRT OF STATE HIGHWAY 76 PROJECT. ~~ - ~.
Council adopted RESOLUTION NO. 7236, supporting funding and construction of State Highway 76 in the City of Oceanside.
14. AB #7398 - REFUND OF FEES.
Council approved the refund of $2,198.87 to Torrey Pacific Development.
ORDINANCES FOR ADOPTION:
1671 15. AB #7389 - SMOKING ORDINANCE.
Council adopted the following Ordinance:
ORDINANCE NO, 5065, AMENDING TITLE 6 OF THE CARLSBAD
MUNICILPAL CODE BY THE ADDITION OF CHAPTER 6.14
ReLATING TO PROHIBITION OF SKIKING IN CEIZTAIN PUBLIC AREAS.
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Casler Lewis
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PUBLIC HEWUNGS:
1(5n 16. AB #7399 - GENERAL PLAN AMENDElEMTS. I( 85 1
(113) a. 7399 - Sup #1 - GPA-67(A)/ZC-270 - IVAR
D Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, using a
transparency showing the location of the property.
Mayor Casler opened the public hearing at 6:15 p.m.
and issued the invitation to speak.
Mr. Don Agatep, 2956 Roosevelt, Carlsbad, representing Ivar Corporation, addressed the Council urging the adoption of this amendmnt.
Since no one else wished to speak on this matter, the public hearing was closed at 6: 16 p.m.
The Council directed the City Attorney's Office to prepare documents approving GPA-67(A) and ZC-270.
b. 7399 - SUP #2 - GPA-67(B)/ZC-271 - PAFtEJJ3R'S
EQUITY.
Mike Holzmiller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, using a transparency to show the location of the property.
Mayor Casler stated she had received two letters from residents in the area stating they were in favor of
this application with the higher density. One resident lived at 1060 Chinquapin and the other at 895
Tamarack.
Mayor Casler opened the public hearing at 6:22 p.m. and issued the invitation to speak.
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Mr. Pat O'Day, O'Day Consultants, 315 North Clementine Street, Oceanside, addressed the Council representing
the applicant, stating their need for the ten to
twenty units per acre. He stated they had
communicated with the people in the area and that an
additional letter from a resident on Chinquapin
favoring the request was filed with the City Clerk
just prior to the meeting.
Mrs. Gloria Davis, 3919 Jefferson Street, addressed
the Council, stating she was in favor of this
application.
Ms. Donna Reed, 2757 Jefferson Street, spoke in favor
of the proposed project.
Mrs. Lenolia Ewing, 819 Citrus Place, spoke to the
Council, stating she was not opposing the proposed
project, but with the high density, she was concerned
about the increased traffic, and wanted to know what
kind of units they intended to put into that area.
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X Prescott
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PUBLIC HEARINGS: (Continued)
In response, Mr. O'Day stated that they would address the concerns about buffering the surrounding properties He further stated the additional traffic would be
negligible.
Since no one else wished to speak on this matter, the
public hearing was closed at 6:31 p.m.
Councilwoman Kulchin quoted from Mrs. Bum's letter,
stating that she was in favor of this project. Councilwoman Kulchin stated she ~7as in favor of the higher density with the Q overlay.
Councilman Lewis stated he was not in favor of the higher density and felt ten should be the maximum number of units.
Councilman Presmtt and Councilman Chick both stated
they favored the higher density.
Mayor Casler expressed concern for accorrnnodating a higher density than ten and felt the four to ten would be mre appropriate.
The Council directed the City Attorney's Office to
prepare documents approving a Land Use Element
amendment of the General Plan to redesignate property
from residential law-medium (IILM) to residential medium-high (M) (10 to 20) and approved a zone change from R-1 to RDM(Q).
C. 7399 - Sup #3 - GPA-67(D)/ZC-275, and EIR 82-3 - WooLmY.
Mike Holniller, Land Use Planning Manager, gave the staff report as contained in the Agenda Bill, using
transparencies to shaw the proposed changes and the General Plan Land Use with the designations and pre-
zonings as recommended by the Planning Codssion,
Mr. Holzmiller also used an exhibit giving a summary
of the different parcels within the proposed project
area. There are two areas; Area A, with six
properties included, and Area B,
He explained that the applicant and staff are in agreement except in four areas. The first is the neighborhood comrcial area; second, the width of the apen space, which applicant feels should be narrowed; third, the land use zoning of R-1-10 instead of R-1-15 the Planning Comnission recomnded; fourth, applicant willing to accept the open space designation on the General Plan for Area B, and address the zoning at the time of development,
Mayor Casler opened the public hearing at 6:52 p.m. and issued the invitation to speak,
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June 7, 1983
PUBLIC HEARINGS: (Continued)
Mr. Roger S. Woolley, P. 0. Box R, Rancho Sante Fe, addressed the Council, stating this property should be
annexed to Carlsbad, due to the topography of the land, route 680 and the circulation element and the
extension of Melrose and the desire of the property mers to becorne a part of Carlsbad. He stated the
development of the property is many years downstream, but he asked the Council to consider the long-range use for the benefit of the people and the City.
Mr. Dan Shelley, Olivenhain Road, spoke to the
Council, and referred to a wall map showing the recommended open space. He indicated the maps on the wall were to scale rather than to the General Plan.
Mr. Shelley referred to Area B and indicated they
could agree to the R-1-40 rather than R-1-20, and the open space on the General Plan, if it were not
immediately zoned open space. He stated the open space on the lower parcel is a drainage ditch and
plants, but the uppr parcel is the preserve for the
black-tailed gnatcatcher.
Mr. Royce Riggan, RBR & Associates, S.D., addressed Council, stating the open space in the lower parcel is delineated in the area. It is 200 feet in width and is consistent with the normal boundary up against the base of the hill. He stated there was no need for a larger open space in the parcel.
Mr. Bob Ladwig, Rick Engineering, Carlsbad, representing Dr. Rice, addressed the Council, using wall maps. One map was used to support the General Plan Amendment and the second map showed Dr. Rice's
property. This shared a 60-ft. strip that gives access to Rancho Santa Fe Road, and he stated this had not
been indicated before. He urged the Council to approve
the R-1-10, as out of the 91 acres in Dr. Rice's parcel, only 75 acres are usable.
Mr. Riggan spoke again, stating that in Area B they
agree with the EIR. The black-tailed gnatcatcher is
being considered for the Federal endangered species list. This development won't take place for
approximately ten years and there is a possibility the
bird won't be there at that time, but it should be
indicated the open space is for the preservation of the
species.
Since no one else wished to speak on this matter, the
public hearing was closed at 7:23 p.m.
Mayor Casler referred to her previous comnts regarding land being annexed into the City, and reiterated her
feelings that this land is not an appropriate annexation.
Councilman Lewis concurred with Mayor Casler's coments, and noted that the service areas were outside the City
and he did not feel there was any economic advantage to
the annexation.
Councilwoman Kulchin stated she felt it would be
helpful to Carlsbad to annex this area, as it
would be a natural addition to the City as far as the overall advantages. In addition, this property drains
into the lagoon.
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PUBLIC €E"S : (Continued)
Councilman Chick agreed with the comnts of Council Member Kulchin and stated the natural boundaries
predicate annexation. The property will not be
developed for my years, but when it is, the traffic and shopping will come into the Carlsbad area.
Councilman Presmtt agreed the ridge is a natural boundary, making it a reasonable annexation to the City of Carlsbad. He felt this would give the City better control over the development and any problems that might develop later.
The Council certified Environmental Impact Report Casler X
Kulchin X
Chick xx
Prescott X
82-3. X Lewis
A motion was made to direct the City Attorney's Office
to prepare documents approving GPA-67(D) and ZC-275.
Councilman Chick withdrew his mtion with the
concurrence of the second, Councilwoman Kulchin.
The Council approved the concept of annexation as
requested.
Casler
Lewis
Kulchin
xx Presmtt
X Chick
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The Council approved the greenbelt in accordance with Casler X
Exhibit A (Woolley Annexation/Shelley Property). Lewis Kulchin
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X Prescott
xx Chick
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The Council approved a mtion to change Sub-area 5 from Casler X
Kulchin X
Chick xx Prescott X
R-1-15 to R-1-10. X Lewis
City Attorney Biondo stated if the open space in Area B were zoned now and found to be unwarranted later, an amendment could be made at that time.
Councilman Lewis stated he felt staff's remmndation should be followed.
The Council voted to designate the open space in Area B Casler X
on the General Plan, but not on the zoning. Lewis
Kulchin X
Chick X Presmtt xx
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The Council directed the City Attorney's Office to
X Kulchin Change 275, as amended by their previous actions.
Lewis prepare documents approving GPA-67(D) and Zone
X Casler
Chick X
Prescott X
FECESS :
Mayor Casler declared a ten-minute recess at 7:50 p.m.,
and Council re-convened at 8:03 p.m., with all Council Members present.
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PUBLIC HEARINGS : (Continued )
d. 7399 - Sup #4 - GPA-67(E) - MARIE CALLENDER'S
Mike Holzmiller, Land Use Planning Manager, gave the
staff report as mntained in the Agenda Bill, using a
transparency showing the location map.
Mayor Casler opened the public hearing at 8:08 p.m. and issued the invitation to speak.
Mr. John White, Coldwell Banker, representing Marie
Callender's and the land owners, addressed the Council,
stating negotiations are proceeding with Marie
Callender's and the lease should have been executed
today.
Since no one else wished to speak on this matter, the public hearing was closed at 8:09 p.m.
The Council directed the City Attorney's Office to prepare documents approving GPA-67(E).
(113) 17. AB #7400 - RESCISSION OF A SPECIFIC PLAN - SP 40 - CITY OF CARLSBAD.
Mike Holzmiller, Land Use Planning Manager, gave the
staff report as contained in the Agenda Bill, using a
transparency showing the property location.
Mayor Casler opened the public hearing at 8:12 p.m. and
issued the invitation to speak. Since no one wished to speak on this matter, the public hearing was closed.
The Council introduced the following Ordinance:
ORDINANCE NO. 9688, RFSCINDING A SPECIFIC PLAN (SP-40)
FOR A RESIDENTIAL PROJECT ON 6.6 ACRES LOCATED ON THE
WEST SIDE OF 1-5 BFlwEEN KNOWLES AVENUE AND LAGUNA
DRIVE IN THE R-3 ZONE.
(L13) 18. AB #6994 - Supplement #1 - SPECIFIC PLAN AMEMXlIENT - SP-182 (A) - ELM PROPERTIES.
Mike Holzmiller, Land Use Planning Manager, gave the
staff report as contained in the Agenda Bill, using a
transparency to show the Elm Properties.
Mayor Casler opened the public hearing at 8:15 p.m. and
issued the invitation to speak.
Mr. Ken Lounsbery, representing Elm Properties,
addressed the Council stating they want to execute a long-term lease and agree with staff's recomndations.
Since no one else wished to speak on this matter, the public hearing was closed at 8:16 p.m.
The Council introduced the following Ordinance:
ORDINANCE NO. 9689, AMENDING A SPECIFIC PLAN (SP-182)
AS ADOPTED BY ORDINANCE NO. 9618 FOR AN OFFICE
DEVELOPMENT ON APPROXIMATELY EIGEIT ACRES KNOWN FS ELM
GARDEN OFFICES GENERALLY LOCATED ON THE EAST SIDE OF EL
CAMINO REAL NOIiTH OF ELM Am.
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PUBLIC HEARINGS: (Continued)
19. AB #7342 - Supplement #1 - PUBLIC HIWRING FOR
MOIWOE SWET ASSESSMEXT DISTRICT - CONTRACT NO. 0519-1.
Mayor Casler announced that this was the time and place
scheduled for the Public Hearing on ASSESS"ENT DISTRICT NO. 83-1 (MONROE STREET), with the proceedings pursuant to Chapter 27 of the "Improvement Act of 191 1 'I.
The City Clerk announced that Notice had been given in
the manner and form as required by law, and a Certificate of Conpliance is on file with the transcript
of these proceedings and open to public inspection.
Rob Wojcik, Project Engineer, gave the staff report, using a map showing the boundaries of the District, and explained the extent of improvements proposed. In response to Council query, he stated the staff will work
with the owner to solve the problem of dirt from the present driveway coming out onto the street. In conclusion, he stated the owner has not yet comenced the work of improvement.
Mayor Casler opened the public hearing at 8:20 p.m. and extended the invitation to speak first to anyone who had filed a written protest. Since no one responded, she then extended the invitation to any who desired to speak in opposition and then in favor of the District. Since no one wished to speak on the matter, Mayor Casler closed the public hearing at 8:21 p.m.
The Council adopted the following Resolutions:
RESOLUTION NO. 7237, MAKING FINDINGS AT PUBLIC HEARING
PURsURd'I' TO CHAPTER 27 OF THE "IMPROVEMENT ACT OF 191 1".
RESOLUTION NO. 7238, AU'I'HOFIZING THE TRANSFER OF FUNDS
FOR THEI. MONROE ST€@XT ASSESSMENT DISTRICT - COIVTRACT NO. 0519-1.
DEPARTMENTAL AND CITY MANAGER REPORTS:
Engineering
20. AR #7401 - REQWST FOR CITY CONTRIBUTION "WS
COST OF REWCATJNG PCXER POLE - MACDOUGALL.
Mayor Casler announced this item was withdrawn at the request of Mr. MacDougall.
Developmental Services
21. AE3 #7372 - Supplement #1 - SECOND UNIT ORDINANCE -
ZCA-158.
A motion was made and seconded to adopt Ordinance No.
9687.
Ron Beckman, Assistant City Kanager, Developmental Services, gave the staff report as contained in the Agenda Bill, using a transparency showing graphically the definition of "attached", and how a unit would qualify as "attached" and be exempt from sewer connection fees.
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Councilman Chick, with approval of the second,
withdrew the mtion to adopt Ordinance No. 9687.
Council discussed the possibility of limiting the sewer fees to attached units of 350 square feet. The Council also discussed eliminating detached units from the Ordinance.
The Council voted to continue this item and ask staff
for recomndations for attached units only, limiting
the size to 350 square feet, in compliance with the State law.
Finance
:50) 22, AB #7402 - PURCHASE OF CCMPU'I'ER SOFTWAEE AND FUND TRANSFER,
Jim Elliott, Finance Director, gave the staff report on this item as contained in the Agenda Bill.
The Council adopted the following Resolution:
RESOLUTION NO, 7239, AUTHORIZING THE PURCHASE OF QUASAR
SYSTEMS SOFTWRI3 AND TRANSFERRING FTJNDS,
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Parks and Recreation
(70) 23, AB #7403 - AGREEMENT WITH SAN MAFCOS UNIFIED
(45) SCHOOL DISmCT.
Dave Bradstreet, Parks & Recreation Director, gave the staff report as contained in the Agenda Bill.
The Council adopted the following Resolution:
RESOLUTION NO, 7240, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS UNIFIED SCHOOL DISTRICT FOR JOINT USE OF FUERTE PARK AND LA COSTA
MEXOWS SCHOOL AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT,
Fire
(88) 24. AB #7242 - Supplement $2 - A"ENT To THE
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HAZARDOUS MATERIALS DISCLOSURE ORDINANCE.
Brian Watson, Fire Marshall, gave the staff report as
contained in the Agenda Bill.
The Council introduced the following Ordinance:
ORDINANCE NO. 5066, AMJiWDING TITLE 6, CHAPTER 6.03 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION
6.03.040 DELETING WTE OIL AND PERCEILOFEEMXNE E'ROM THE DISCLOSURE REQUIREMENTS FOR HAZARDOUS MATERIALS.
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City Attorney
(28) 25. AB #7404 - SINGLE FAMILY MOREAGE RFNENUE BOND PROGRAM,
City Attorney Biondo gave the staff report on this
item as contained in the Agenda Bill.
The Council introduced the following Ordinance:
ORDINANCE NO. 1264, ADOPTING A HOME7 MORTGAGE FINANCE
PRXW AND AUTHORIZING CITY OFFICERS 'IO IMPLEMENT THE
PROGRAM.
City Council I
(76) 26. AB #7310 - Supplement #2 - PLANNING COMMISSION APmmENT.
Mayor Casler stated three names had been presented;
Lyttleton, Stevens and Sinclair. Councilman Chick and
Councilwoman Kulchin had no new nominations to add.
The Council adopted the following Resolution:
RESOLUTION NO. 71 54, APPOINTING ELAINE LYTI%EXON To
!CUE cARLsE3AD PLANNING COMMISSION, *
(39) 27, AB #7405 - CITY TREASURER VACANCY.
Mayor Casler announced the position of City Treasurer
is now vacant and referred to the Agenda Bill which explains Council options for filling the vacancy.
Council decided to discuss this matter at the Adjourned Meeting, Wednesday, June 8, 1983, to be held at 2:30
p.m, in the Council Chambers,
COUNCIL REPORTS :
Regional Water Reclamation Agency
Councilman Prescott gave a report on a meting last Thursday concerning solid wastes.
Outer Continental Shelf Committee
Councilman Prescott gave a report on the recent
meting, He reported he will attend a luncheon
and tour a drilling platform off of Santa Barbara's
coastline.
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Bullet Train
Councilman Presmtt announced that a meeting will be
held in Del Mar as cities will attempt to unite in
their concerns and actions.
Housing & Redevelopment Advisory Committee
Councilwoman Kulchin reported on a recent meeting.
* See Page 4 of June 28, 1983 Minutes-
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Circulation Cornnittee
Councilman Lewis called attention to a flyer giving an
update on progress to date.
Affordable Housing
Councilman Lewis stated there will be a report brought to the Council from the Conwittee on what is meant by
"affordable" housing.
JAC
Mayor Casler reported a new General Manager, Rick
Graff, had been selected to begin July 1, 1983, at the
Encina plant.
Senior Citizens Association
Councilman Prescott gave a brief report.
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: 37) TRAVEL FEQUEST:
Councilman Chick requested permission to go to a League of California Cities conference July 7 and 8, in Sacramento. The Council approved his request, with councilman Lewis abstaining.
ADJOURNMENT:
By proper notion, the meeting was adjourned at 9:31 p.m., to Wednesday, June 8, 1983, at 2:30 p.m., in the
Council Chambers.
Respectfully submitted,
ha< 7" ALm L. RAUTENKRANZ City Clerk
Harriett Babbitt, Minutes Clerk
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