HomeMy WebLinkAbout1980-08-05; City Council; Minutescitp of aarlmaD COUNCIL 4 T. Meeting of: CARLSBAD CITY COUNCIL (Regular Neeting) Date of Meeting: August 5, 1980
Time of Meeting: 6:OO P.M. Place of Meeting; City Council Chambers &!
CALL TO ORDER was made by Mayor Packard at
6:Ol P.M.
ROLL CALL was taken by the City Clerk:
INVOCATION was given by Mayor Packard,
PLEDGE OF ALLEGIANCE was led by Council Member,
Ann J. Kulchin.
" APPROVAL OF MINUTES:
Minutes of the Regular Meeting, held July 15, 1980, were approved as corrected.
PRESENTATION:
Mayar Packard read and presented a Resolution to the Carlsbad Bobby Sox Minor League Allstars in recognition of their outstanding .achievement in sports and in honor of exemplary representa-
tion of Carlsbad youth,
The Resolution was accepted by Gloria Girard, Manager of the Bobby Sox who then invited the Bobby Sox to present Council Members with an honorary hat.
CONSENT CALENDAR:
Mayor Packard indicated he had received a Request to Speak regarding 1tem.No. 3 and a, Request to Speak regarding Item No. 7, and removed those two items from the Consent
Calendar.
Council Member Anear requested that Item No. 9 be removed from the Consent Calendar.
-1. WAIVER OF ORDINANCE TEXT READING. . Council waived the reading of the text of all
ordinances and resolutions before Council at
this meeting.
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Council ratified demands against the City in
the amount of $1,702,180.90 for the period July 10, 1980 through July 25, 1980; and payroll de-.
(99) 4. AB {I6299 - Supplement {I1 - CT 80-17/CP-83,
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(IO61 5. AB {I5904 - Supplement #2 - UNDERGROUND UTILITY DISTRICT NO. 7. - .CARLSBAD BOULEVARD.
Council adopted Resolution No. 6254, setting the Cime to be ready to connect to underground electric system in underground utility district
(74) 6. AB #6308 - RENEWAL OF COOPERATIVE PERSONNEL (45) .. SERVICES 'AGREEMENT.
(70) 8. AB #3552 - Supplenent #15 - MAGEE PARK (45) CONTRACT 1069.
Council accepted the work and directed the City Clerk to record the Notice of ComDletion and release the bonds 35 days after recordation.
(92) 10. AB #6311 - STEP 3 ENGINEERING SERVICES FOR
(45) PHASE I11 UPGRADING AND ENLARGEFGNT OF ENCINA.
Council adopted Resolution No. 62.56, approving and agreeing to a Master Agreement. for step 3 engineering services between Vista Sanitation
District and Brown & Caldwell for Phase 111 enlargement and upgrading of the Encina Water
Pollution Control Facility.
(81) X 11. AB #6287 - Supplement #1 - ACCEPTANCE OF DONATION OF SKAPELL SALES OFF'TCE.
Council adopted Resolution No. 6257, accepting the donation of a buil.ding from Shape11 Indus-, tries of San Diego, Inc., formerly used as a sales office for their Monarch Hills project.
Council accepted the work and directed the City Clerk to record the Notice of Comyletion and
release the bonds 35 days after recordation.
(29) X 13. AB 86312 - AMENDMENT OF THE 1980-81 BUDGET WATER POLLUTION.
Council amended the 1980-81 budget to reflect
expenditures of $247,511 for water pollution,
rather than $230,000 as previously approved, and.
transfer of funds for the amendment of the 1980-
81 water poliution budget for operation of the
Encina Water Pollution Control Facility.
* adopted Resolution No. 6258, authorizing the
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of the Magee House.
ITEXS REMOVED FROM THE CONSENT CALENDAR:
(99) 3. 'AB {I6298 - Supplement #l .- CT 80-16/CP-74
of a continuance of this matter to afford appli- cant and staff the opportunity to discuss an
adjustment to Condition No. 19 relating to the
maximum sel.ling ,price. Mr. Sandy explained the $75,000 maximum selling price agreed to by the
applicant represented approximately 80% of the
median price range of existing home sales at the
* present time. In this regard, the .applicant was
desirous of linking the maximum selling price of
these units to the median price range at the t.im
of sale. Yr. Sandy concluded this would allow flexibility in sales price, either. up or down, depending upon the market at the time of sale,
and would.protect ,both the applicant and the
interests of the City.
Following brief discussion, Council directed
(74) 7. AB #6309 - REPORT TO COUNCIL ON CLASSIFICA-
TION CHANGES =QUESTED BY CCEA/AFS'CME Lo.ca.1 978.
Council recognized A. J. Skotnicki, 3535 Be.dford
Circle, Carlsbad, CA: Yr. Skotnicki indicated h
desired to address Council with regard to the
position of Deputy City Clerk only. Mr.
Skotnicki stated the City Clerk, as an elected
more than a secretarial position.
(63) 9. AB #6310 - AMENDMENT TO AGREEMENT - SERRA
(45) COOPERATIVE LIBRARY SYSTEM.
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Counci.1 Yember Cas ler acknowledged such concerns I indicating, however, since the Serra System had determined to not charge, if Council imposed a charge the advantages of the City's membership
may be affected. In this regard, Council Nember
Casler expressed an interest in a report in-
vestigating the effects of withdrawing from the Serra System.
Council adopted the following Resolution:
RESOLUTION NO. 6265-, AUTHORIZING
AND DIRECTING EXECUTION OF THE
SIXTH AMENDMENT TO-JOINT EXERCISE
OF POWERS AGREEMENT IN REGARD TO
THE SERRA COOPERATIVE LIBRARY SYSTEM,
ORDINANCES FOR INTRODUCTION:
15. AB 86197 - Supplement #4 - GRADING ORDINANCE.
In response to Council inquiry, the City
Engineer indicated the Construction'Industry Federation had expressed satisfaction with the resolution of their concerns, as discussed
at. the prior meeting.
Council introduced the following Ordinance:
. ORDINANCE NO. 8086, AMENDING TITLE 11, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CMPTER 11.06 SETTING FORTH PROVISIONS FOR EXCAVATION AND GRADING.
PUBLIC HEARINGS:
16. AB a6297 - PARKING RESTRICTI.ONS ON CARLSBAD BOULEVARD.
The City Engineer pres-ented the staff report,
summarizing the relation of this matter .to
Councils' desire to provide additional beach
parking. With the aid of wall map exhibits, Mr. Evans illustrated location of Tierra del..Oro
and Shore Drive to the portion of Carlsbad
Boulevard where parking is currently restricted,
and explained drainage problems from the Encina
plant which currently prevent parking on the
east side of Carlsbad Boulevard, I
Mayor Packard then opened the public hearing
at 7:44 P.M. and extended the invitation to
speak.
Council recognized Ted 'Richmond, a representativ of San Diego Gas & Electric Company, who ex-
pressed concerns re parked vehicles,'w~~ck:sbs.tr"h:
the entrance to the Encina power plant. In
response to inquiry, Mr. Richmond expressed
the opinion the situation would be improved by providing parking on the east side of Carlsbad Boulevard, with correction of drainage problems.
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Council recognized George Carston, 5026 Tierra del Oro, Carlsbad who expressed the opinion the area along Carlsbad Boulevard in the vicinit: of Tierra del Oro and Shore Drive was used for parking by persons visiting Cannon Park. In this regard, Mr. CartstQn stated if. the City wer.e to allow parking there, the City would be liable for injury to any persons attempting to cross Carlsbad Boulevard to enter the park. Mr. Carstsn further suggested prohibiting fecrea- tiona.1 vehicles which.occupy more than one space,
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Council then recognized Ed Valentine, 5019
. Tierra.de1 Oro, Carlsbad, who expressed the opinion if parking were allowed in the area referenced by Mr. Carsten the problems would be
I greater than those which originally prompted the
current parking restrictions.
Council recognized Bill Clements, 5021 Tierra de
Oro, Carlsbad who expressed the opinion if parking were allowed in the'subject area, it would contribute to illegal trespass and crime thereby increasing the cost to the City to police and protect homes in the area.
Since no one else wished to speak, the public hearing was closed at. 7:Ol P.M.
In response to Council inquiry, the City Attorn€ indicated any question of liability should have
no bearing on,Council deliberations re removal
of parking restricrions. Council Member Casler
indicated many other persons in the beach area
are impacted by public beach parking.
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Mayor Packard, expressed the opinion the City should expend. the funds necessary to provide parking on the east side of Carlsbad Boulevard prior to allowing parking around residences. Council then discussed methods of maximizing. the efficiency of parking through striping the street for access, posting signs limiting time of parking and providing trash containers to encourage proper disposal of litter.
Council Member Casler indicated the parking
situation needed to be resolved immediately and
removing parking restrictions in the vicinity
of Tierra del Oro and Shore Drive was the
most expeditious method, of doing so.
A motion was made and seconded to adopt Ordinance No. 3119, with directions to staff to implement the controls discussed by Council. The motion failed for lack of majority.
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August 5, 1980
I Council adopted the following Ordinance:
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ORDINANCE NO. 3119, MBNDING TITLE 10, CHAPTER 10.40 BY THE AWNDMENT OF
SECTION 10.40.042 OF THE CARLSBAD MUNICIPAL CODE TO REVISE PARKING
RESTRICTIONS ON CERTAIN PARTS .OF
CARLSBAD BOULEVARD, with the change on Page 1, commencing at line 17 to include restrictions on Carlsbad Boulevard between Tierra del Oro and Shore Drive.
It was additionally the consensus of Council
. .that the matter of parking between Tierra del Or and Shore Drive be placed on the next Agenda for
I consideration by a full Council. I (99) 17. AB #6313 - CT 80-13/CP-68' " APPLICANT: MAHI
CRISMAN.
The staff r'eport was presented by the Planning Director who, with the aid of wall map exhibits .depicting the project design, explained the development and design standard deficiencies of the project. Mr. Hagaman also noted the density was inconsistent with the General Plan,
~ I Mayor Packard opened the public hearing at 7 :30
P.M. and extended the invitation to speak.
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Council recognized the applicant; Jeff Crisman, 3485 Valley, Carlsbad, who indicated the histoq
of the matterwas chronicled in the material whi
he distributed to Council. Mr; Crisman express€
the opinion the deficiencies were correctable ar
that the inconsistencies in the General Plan
zoning needed to be brought into line in order
to allow the applicant to achieve the desired 01
jective of providing affordable housing for low
and moderate income persons.
Since no one else wished to speak, the public
hearing was closed at 7 :37 P.M.
Council acknowledged concerns re inconsistencie:
in underlying zones and discussed efforts re thc
General Plan zoning consistency project.
Council directed the City Attorney to prepare
the necessary documents to deny CT 80-13/CP-68,
as per Planning Commission Resolution 1662.
(99) 18. AB /I6314 - CT 80-25/CP-104 APPLICANT: ANDE
GROUP. . ~ ~~
. The staff report was presented by the Planning
Director who, with the aid of wall map exhibits
depicting location and design of the project, . detailed the contents.of the July 9, 1980 Memorandum to the Planning Commission.
Mayor Packard opened the public hearing at 7:45 P.M. and extended the invitation to speak.
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Council recognized Dale Naegle, San Diego, CA., who indicated he was the architect for this nroj ect. Mr. Naegle gave a slide presentation
illustrating the conceptual landscaping plans, comparative architectural designs and surroundim
area.
Council recognized Wilbur Stevenson, 2939 Cacatua, Carlsbad. Xr. Stevenson expressed concern with the future density in the area, specifically the additional 100 units proposed. by the applicant at a later time.
Council recognized Ken Adams, 3002 Unicornio I Carlsbad, who requested clarification re equestrian trails.
The Planning Director responded this condition was related to a condition of the. "Rancheros',' project which provides for a connecting equestrian trail, either at Melrose or Unicornio, .if the City desires the same,
Since no one else wished to speak, the public
In response to Council discussion, the Planning
dated July 31, 1980 which responded to concerns from residents impacted by this project. Also, Mr. Paul Graham, representing'the La Costa Land Company, remarked from the audience that' the plans to widen Alga between El Camino and Alicante, as stated in Mr. Roston's letter, were currently in the nlan check stage. 'Mr. Graham his principle was making every effort to accomplish these improvements as. soon as possi-
. . Director 'referenced a letter from Mike Roston
The staff report was presented by the Planning Director who, with the aid of wall map exhibits depicting project location and design, described
project amenities.
Mayor Packard opened the public hearing at 8: 07 P.M. and extended the invitation to speak.
Council recognized Ted Richmond, representing San Diego Gas'& Electric Company who inquired if
the applicant had .obtained the necessary ease-
ment from SDG&E.
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5ust 5, 1980 7 48
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Council recognized Frank Mola, 417 Nain Street,
Huntington Beach, CA .who indicated the easement was in the process of being granted, subject to negotiation of necessary agreements.
There being no further desire to speak, the public hearing was closed at 8: 08 P "M..
With regard to Condition No. 41 of Planning
' Coinmission Resolution 1665, Council Member Anear
for emergency vehicles.
The City Manager responded one of the advantages
required to provide maintenance and policing. Mr. Aleshire additionally indicated allowing
private streets for these reasons was an es- tablished Council policy. The City Engineer .addtionally explained the width of the street, the amount of room which would be required for parking on the south side and indicated if parking restrictions on the north side were violated, there would remain sufficient width to allow emergency vehicle access:
. of private streees is that the City is not
(.99)1 20. AB $16319 - CT 77-8(A)/CP-45 APPLICANT: MOLA .
Council recognized Frank Mola, 417 Main Street, Huntington Beach, CA who indicated he would be happy to respond to any questions.
Since no one else wished to speak, the public
. RECESS
Mayor Packard announced recess at 8:21 P.M. and
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The staff report .was presented by Charles Grimm who, wi.th the aid of transparencies and
slides, explained the area addressed by the
EIR and illustrated the existing environment. # , Mr. Grimm also explained the vernal pools would
be maintained by the applicant in open space until precise mitigation measures were decided by the Army Corp of Engineers, who have juris-
.' diction over same: With regard to the 105 acr of open space, as reflected in the EIR, Mr. Gr explained a satellite sewer plant, as proposed
. would reduce this acreage to 87. Any impact on endangered plant species that may exist. in the area would be considered in a site-specific EIR for any plant.
Mayor Packard opened the pub1i.c hearing at 8 ;44
P.M. and extended the invitation to speak,
Council recognized Bernie Fipp, principal of the .Koll Company, with offices in Carlsbad and San Diego. Mr. Fipp recommended Council certifica- tion -5 the EIR.
Since no one else wished to speak,' Mayor Packard closed the public hearing at 8:45 P.M.
Council certified EIR 80-3 as meeting the
spirit and intent of the Environmental
Protection Act of 1970.
The staff report was presented by Charles Grimm, who detailed the contents of the July 23, 1980 Memorandum to the City Xanager.
Mayor Packard opened the public hearing at 8:49 P.M. and extended the invitation to. speak.
Council recognized Bernie Fipp, principal of the Koll Company who requested Council approval.
Since,no one else wished to speak, the public hearing was closed at 8: 50 P.M.
For the record, the Planning Director indicated the Resolution, adopted by the .Planning
Commission recommending Council approval, No. 1651, had been inadvertently-omitted from the
Council Agenda Packets.
Council directed the City Attorney to prepare
necessary documents approving GPA-50(A), per
Planning Commission Resolution 1651.
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(57) 23. AB $,6320 - GENERAL PLAN AMENDMENT GPA-50(B)
The staff report was presented by the Planning Director as contained in the Statement of the
Mayor Packard opened the public hearing at 8: 55
P.M. Since no one wished to speak, the public hearing was closed.
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Council directed the City Attorney to prepare
per Planning Comiss'ion Resolution No. 1653. xxx Ayes the necessary documents approving GPA-50(B) p as X Motion
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(11 2) 24. AB /I6258 - Supplemerit. #2 - WEED ABATEMENT
COST REPORT CT)NF'IRMAT I.ON .
The City Manager presented a report on the
only to those persons from whom.authorization
' - Council adopted the following Reso.lution:
RESOLUTION NO. 6259, CONFIRMING THE REPORT OF THE UTILITIES/MAINTENANCE
MENT AGAINST EACH PARCEL OF UND IN
SAID REPORT, CONFIRMING THE COST AND PROVIDING FOR COLLECTION THE' REGULAR
DIRECTOR SHOWING COST OF WEED ABATE-
(28) SPECIAL MEETING OF HOUSING AND REDEVELOPMENT C OMMI'S S'I.ON .
Council adjourned at 8:54 P,M. to a Special Meeting of the Ho,using and Redevelopment Commission.
Council reconvened at 9:00 P.M. with four
Members present.
(93) 25. AB 86316 - LAKE CALAVERA HILLS REQUEST FOR ASSIGNMENT OF 142 EDU'S FROM ENCINA CAPACITY, 0 A brief staff report was presented by the C i ty Manager .
Council adopted the following Resolution:
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RESOLUTION NO. 6260, APPROVING THE
TEMPORARY ASSIGmNT OF 142 EDU'S OF ENCINA SEWER CAPACITY TO CT 76-12.
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. (92) 26. AB $/6317 - LAKE: CAZAV'E;RA WLLS SE'FER SERVICE AREA - PLANKING AND BUILDING MORATORIA,
The City Manager presented the staff report.
27. 'NUMBER NOT USED
(47) 28. AB #5861' - Supp1emen.t #2. -MASTER DRAINAGE PLAN - FINANCIAL ANALYSIS.
,The staff report was presented by the City Engineer who, with the aid of wall map exhibits illustrating the alternative approaches discussed in his July 25, 1980 Memorandum,
explained the pros and cons of same.
Council recognized Bob Ladwig, of Rick
Engineering, 3088 Pi0 Pico, Carlsbad. Mr.
Ladwig expressed approval of the staff
recommendation, inquiring, however, if a de-
veloper could provide his own drainage.
The City Engineer responded affirmatively,
Following brief discussion, Council directed ,staff to prepare the necessary docu-
. ments to 'implement the Master Plan of Drainage in accordance with the recommended approach creating 13 districts.
(92) 29. AB $16326 - PALOMAR WASTE WATER RECMATION FACILITY.
The staffsreport was presented by the City
Council recognized Bernie Fipp, principal of the Koll Company,. who presented Council with checks for $20,000, and indicated 89% of property owners in the subject area had contributed. He also presented a petition signed by all contributors, with the exception of La Costa Land Company, which petition requested construction of the improvements and. a feasibility study to be conducted as to an assessment district, which study would be
. funded by the $20,000.
. The City Attorney adv5sed acceptance of the offer did not constitute an approval of any plant, or approval of any assessment district --
Council authorized the Mayor to the sign
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The staff report was presented by the City Manager .
Council Member Anear expressed concerns that
the request for additional funds was in part
predicated on the assumption that the Bingo
.' operations would be self-supporting. Council
Member Anear indicated his knowledge of Bingo operations was that they frequently failed as a result of a lack of volunteers, In this regard, he suggested the initial equipment be rented rather than purchased.
In response, Council recognized Jack Jimnick, President of the Association, 258 Beech Street, Carlsbad.. Mr. Jimnick indicated the possibility of renting equipment had not been investigated, however, assured Council there .would be sufficient volunteers to operate the Bingo games.
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Council adopted the following Resolution:
1 RESOLUTION NO. 6261, APPROVING AN AGREENENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAJJ SENIOR CITIZENS'
ASSOCIATION AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREETflNT.
I Council adopted the following Resolution:
RESOLUTION NO. 6262, AUTHORIZING
THE TRANSFER OF FUNDS FOR SENIOR
CITIZENS' PROGRAMS, with the additional direction to staff: investigate the possibility of renting the initial Bingo equipment,
City Clerk
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31. AB /I6322 - INITIATIVE -PET.ITION
The staff report was presented by the City
Clerk, who explained the random sampling method formulated by the Secretary of State
to determine the sufficiency.of qualified signatures. The Clerk,indicated that based on the results'of the sampling, the petition
has been certified.
Council discussion reflected the.ir feeling that
if the matter were placed on the ballot, it would be approved by che voters.
A Request to Speak having been filed, Council recognized Guy Casey, 2122 Subdia Terrace, carlsbad. Mr. Casey indicated action by Council as suggested in their discussion would be an opportunity to save the cost of an election and would reflect an acknowledgment by Council of the desires of the people.
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Mayor Packard questioned the effeets, if any, of adoption of the ordinance on the approved Master Plan of the airport. ,
property would not be affected.
Counc.il introduced the following Ordinance:
ORDINANCE NO. 9558, AXENDING TITLE
-OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION- OF
SECTION 21.44.015 TO REOUIRE VOTER AUTHORIZATION FOR THE EXPANSION OF
ANY AIRPORT IN THE CITY OF CARLSBAD.
(31) 32. AB $16325 - TRANSFER OF BUSINESS. LICENSE
OPERATIONS' TO FINANCE DEPARTMENT.
'The City Manager presented a brief report on the matter.
Council introduced the following Ordinance:
ORDINANCE NO. 6061, AMENDING TITLE 5 OF THE CARLSBAD NUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO CHANGE THE TITLE OF THE PERSON RESPO%TSIB'LE FOR BUSINESS LICENSE COLLECTION.
Central Services
(.69) 33. AB 1,6303 '- PARKS & RECFEATION COPTMISSION
APPOINTNENT .
Mayor Packard announced his intention to
(103) .34. AB a6304 - TRAFFIC SAFETY %OMXISSION
APPOINTHENT.
RESOLUTION NO. 6250, APPOINTING A XEMBER TO THE CITY OF CARLSBAD TRAFFIC SAFETY COmISSION (such member being Wesley Terry for a term expiring July, 1982. ]
CITY COUNCIL ADDITONAL BUSINESS:
Assembly BTll 1143
Mayor Packard referenced the letter from Larry
. . Bagley, Mayor of Oceanside, requesting Council
endorsement of AB 1143 re state funds to assist with beach erosion.
Council directed this item be added to the current Agenda.
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(62) Council endorsed Assembly Bill No. 1443. Mot ion
Ayes xxx Proposed Water Merger - Carlsba'd Municipal Water District & Costa Real Muni'cipal' Wat'er Dis'trict.
Mayor Packard referenced a letter requesting that
each party appoint two members to a committee to discuss ways and means of putting together
a public utilities type of commission.
.. It was the consensus of Council that Council Members Anear and Lewis, as the previously- appointed Council steering committee for the
. water merger, also act as requested,
The City Manager distributed copies of a letter
from Dennis Reid, Encina General Manager, which advised that state funds have been cut off as a result of the inspection maintenance require- ments of the State which have not been met. Mr. Aleshire indicated Mr. Reid urged that all Cities take action to have the funds reinstated.
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Mayor Packard reported on the special meetings re negotiation of salaries and benefits, He
additionally reported on the results of the review of the,request of residents at Lanakai
. Mobilehome Park tovre-establish direct pick up and drop off to the Park. Mayor Packard indicated the review concluded the number of
passengers from Lanakai did not justify such.
Historical Society
Council Member Casler reported on the agreement of the Historical Society to allow the Senior
I Citizens to use one room of Magee House.unti1
compLetion of the Old City Hall.
Council Member Casler reported on the library summer programs.
The City' Manager advised the Council that if
City for low income senior citizens.
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(25) Annexation Tax-Split. Issue
Council adopted the foll*owing Resolution:
RESOLUTION NO. 6263, URGING THE LEAGUE OF CALIFORNIA CITIES TO INTRODUCE LEGISLATION TO PROVIDE CITIES WITH AN EQUITABLE- PRO RATA SHARE OF PROPERTY TAXES UPON ANNEXATION OF UNINCORPOUTED TERRITORY .
Council adopted the following Resolution:
RESOLUTION NO. "6.264, URGING THE
TO ADOPT A POLICY TO SHARE PROPERTY TAXES ON AN EQUITABLE BASIS WITHIN ANNEXED AREAS.
EXECUTIVE SESSION
Council adjourned to an Executive Session at 10:33 P.M. for the purpose of discussing personnel and. litigation matter .
Council reconvened at 11: 04 P .M, 'and the. Mayor announced personnel and litigation had been
' . -discussed and'the following action would be
(351 Council authorized Roger Krauel to represent the City of Carlsbad in the case of "Dautrich'
v. The Board of Administration of the Public Employees' Retirement System" and authorized the City Attorney to pay for that representa- tion from his professional services account,
ADJOURNMENT
Respectfully submitted,
CITY CLERK
Anita D. Murphy,
. Recording Secretary
non-residents,