HomeMy WebLinkAbout1980-08-19; City Council; Minutes1
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Meeting of: CARLSBAD CITY COUNCIL (Regular Meeting)
Date of Meeting: August 19, 1980
Place of Meeting: City Council Chambers
Time of Meeting: 6:OO P.M.
CALL TO ORDER was made by Mayor Packard at 6:02
ROLL CALL was taken by the City Clerk:
INVOCATION was given by Mayor Packard.
PLEDGE OF ALLEGIANCE was led by the City
MINUTES: (Approved by one Motion)
Minutes of the Adjourned Regular.Meeting held July 28, 1980, were approved as presented.
CONSENT CALENDAR :
Council 14ember Anear requested that Item No. 4 be removed from the Consent Calendar. Mayor Packard indicated a request to speak had been filed and therefore removed Item NO, 9 from the Consent Calendar. The City Manager requeste that Item No. 14 be removed from the Consent Calendar.
The following'items, with the exception of Items No. 4, 9 and 14, were approved by one motion, affirming the action of 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.
(50) 2. AB #6329 - RATIFICATION OF DEMANDS.
Council ratified demanck against the City in the amount of $479,468.78 for the period July 26, 1980 through August 4, 1980; and payroll demands in the amount of $226,423.43 for the period July 21, 1980 thr.ough August 3, 1980.
(99) 3. AB #6313 - Supplenient $1 - CT 80-13/CP-68, APPLICANT: MAHINICRISMAN.
Council adopted Resolution No. 6269, denying tentative map (CT 80-13) and condominium permit (CP-68) for a 5-unit condominium project on property generally located on the west side of
Madison Street between Pine and Walnut Avenues.
(41) . 5. AB #6330 - CITY EMPLOYEES AUTHORIZED TO FILE SMALL CLAIMS COURT ACTIONS.
Council adopted Resolution No. 6270, designatin certain employees to file City claims for damag in Small Claims Court.
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(99) 6. AB $16319 - Supp.lement $11 - CT 77'-8(A)'/CP-45 APPLICANT : MOLA.
Council adopted Resolution No. 6271, approving with conditions tentative subdivision map (CT 78 8(A)) for a 60-unit condominium project and approving condominium permit (CP-45) for. said project on property generally located on the east side of El Camino Real, north of Dove Lane.
(99) 7. 'AB $16318 - Supplement $11 - CT 79-28/CP-105 APPLICANT: MOM.
Council. adopted Resolution No. 6272 , approving with conditions tentative subdivision map (CT 79-28) for a 40-unit condominium project and approving condominium permit (.CP-105) for said project on property generally located on the east side of El Camino Real, north of Swallow Lane.
(99) 8. AB $16314 - Supplement $11 - CT 80-25/CP-104, APPLICANT: ANDEN GROUP.
Council adopted Resolution No. 6273, approving with ,conditions tentative subdivision map
(CT 80-25) for a 350-.unit condominium project and approving condominium permit (CP-104) for said project on property generally located on the ,north side of Alga Road extended, east of
El Fuerte Avenue.
(93) 10. AB $16279 - Supplement $/l - HOME,PLANT SEWER
~ (45) PUMP STATION UPGRADE CONTRACT NO, 1081.
Council adopted Resolution No. 6275, accepting bids and authorizing the execution of contract no. 1081 for the construction of home plant sewer pump station upgrade improvements.
(105) 11. AB $16331 - SEVENTH YEAR CD BLOCK GRANT (45) APPLICATIONS :
j Council adopted Resolution No. 6276, approving a cooperation agreement with the County of San Diego for the participation in 'the seventh year of the housing and community development block grant program.
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(99) 12. AB #6040 - Suppleqent $14 - TENTATIVE AND FINAL MAP WITHDRAWAL.
Council directed the Agreement for payment of public facilities fees, dated February 28, 1980
be cancelled; directed the Engineering Departmen to destroy the final map; approved the refund of the park-in-lieu fee in the amount of $1O7162,OC and the duplicate tracing deposit in the amount
of $50.00; and adopted Resolution No. 6277, rescinding tentative map CT 79-10 and condo- minium permit CP-14 for a five-unit condominium project and rescinding the final map for '-
said project on an approximately 19,000 square foot parcel, generally located on the north side
of Navarra Drive, three lots west of Viejo Castilla Way in La Costa.
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I I (81) i3. AB $16332 - CORRECTION IN DEED OF BONSALL
PROPERTY TO MARRON BROTHERS' %ONSTRUCTI'ON,
I Council authorized the Mayor to execute the I Corporation Grant Deed to-Marron Brothers
Construction.
15. . NUMBER NOT USED. *
(30) 16. AB #6207 - Supplement 111 - MODIFICATION OF (45) .,CONTRACT FOR PLAN CHECKING SERVICE.
Council adopted Reso.lution No. 6279, approving an agreement between the City of Carlsbad and ESGIL Corporation for building plan. check services and authorizing the Mayor to execute . said agreement.
I ITEXS REMOVED FROM THE CONSENT CALENDAR: I (5OJ 4. AB 116047 - Supplement 1.2, - MODIFICATION OF
(45) CONSULTING CONTRACT WITH PRICE WATERHOUSE.
Council Mernber Anear indicated he.had requested this item removed from the Consent Calendar in
order to discuss the 44% increase represented
by the pro?osed modification.
The City Xanager explained the work performed by the consultant, including the' additional work performed as a result of the'expanded proposal requested by the City.
.. I Council discu,ssion reflected confidence in the
integrity and competence of Price IrJaterhouse, who should be fairly compensated for their services. I Council approved a change in the contract with
Price Waterhouse, increasing the contract to
a firm limit of $16,000.00.
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9. AB #6320 AND AB #6327 - Supplements 111 GENERAL PLAN AMENDMENTS TO LAND USE ELEMENT: CARLSBAD PACIFIC BUSINESS PARK (GPA-'50(A)) ATJD ECKE (GPA-'O (Bll ~ ~~ \"" " .-, , -
A Request to Speak having been filed, Council recognized Tim Flannagan, representing the H.G. Fenton Company of Oceanside. Xr. Flannagan.:. indicated the Fenton Company owned property adjacent to the. project; but did not receive notice. He then referenced a wall map exhibit and explained there were street access problems with the properties associated with the com9anio1 matter, Item No. 22 on this Agenda, under the -public hearings. Xr. Flannagan indicated he had no. problems with Item No. 9, but -requested Council consideration of a continuance of Item No. 22 to allow his principal the opportunity to resolve the street access problems with staff and the applicant.
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Council then recognized Tim Strader, principal of the applicant, Koll Com?any, who indicated
there would be no objection on the part' of the applicant to the continuance of Item No. 22
In response, Mr. Flannagan stated there'were no
., objections to such, EIR.
Council adopted the following Resolution:
RESOLUTION NO.: 6274, .AMENDING THE. LAND USE ELEMENT OF THE GENEPAL PLAN TO CHANGE THE LAND USE DESIGNATION FOR TWO AREAS OF THE CITY ON THE \.TEST SIDE OF EL CAMINO REAL NORTH OF PALOM AIRPORT ROAD AND ON THE NORTH- WEST CORNER OF PASEO DEL NORTE AND PALOMAR AIRPORT 'IIOAD..
In response to Mr. Flannagan's request, Mayor Packard, with the consent of Council, removed the following item from order for consideration at this time:
PUBLIC HEARINGS:
(113) 22. , AB $I6337 - SP-180, APPLICANT.: KOLL COMPANY.
CONTINUANCE OF ITEMS REMOVED FROM THE CONSENT CALENDAR :
Council continued with their consideration of items removed from the Consent Calendar:
(107) 14. AB #6333 - RESOLUTION OF INTENTION TO VACATE A PORTION OF TAMARACK AVENUE.
Council directed the matter be removed from the Agenda -and. filed. '
. ORDINAXCES FOR ADOPTION:
(47) 17. AB {I6197 - GRADING ORDINANCE.
. Council adopted the. following Ordinance:
ORDINANCE NO. 8086, . AWNDING TITLE 11, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 11.06 SETTING FORTH PROVISIONS FOR EXCAVATION AND GRADING.
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(31) 18. AB $16325 - TRANSFER OF BUSINESS L'I'CENSE 0PERATIO.NS.
Council adoTted the following Ordinance: X Motion
Ayes ~ , X X X ORDINANCE NO. 6061, AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO CHANGE
THE TITLE OF THE PERSON RESPONSIBLE FOR
BUSINESS LICENSE COLLECTION.
PUBLIC HEARINGS:
(99) 19. AB
Mayor Packard opened the public hearing at 6:21
.P.M. and extended the invitation to speak.
Council recognized Jean Jensen, representing the applicant, Jeff -Blankenship , 2910 Jefferson
Street, Carlsbad. Ms. Jensen expressed
concurrence with staff recommendations and indicated a willingness to answer questions, if
Since no one else wished to speak, .the public hearing was closed at 6:22 P.M..
The City Attorney indkated if this item were developed as condominiums, the issuance of a condominium permit would be required. In this regard, Mr. Biondo inquired if Council desired
that as a condition of approval.
Council directed the City Attorney to prepare
(99) 20. AB 86335 - CT 80-22/CP-101, APPLICANT: LATITUDE 33.
The staff report was presented by the Planning- Director who, with the aid of wall map exhibits, described the project location, design and amenities.
Mayor-Packard opened the public hearfng at 6:25 P.M. and extended the invitation to speak.
was closed. . There being no response, the public hearing
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(99) 21. AB 86336 - CT 80-14/PUD-16, APPLICANT: FRE
The staff report was presented by the Planning Director who, with the aid of wall map. exhibits depicting the project location and, design, described the project.
In response to Council concerns, the Planning Director stated the street widths meet code
increasing street width the Municipal Code would have to be amended.
In response to further concerns re ingress and egress to the project, Xr. Hagaman explained the access to the project off Park Drive had been situated at the best possible location to allow optimum viewing. In' addition, the RV storage
site would be below street level and would not
obstruct view of persons exiting .the project as
to oncoming traffic.
Mayor Packard opened the public hearing at 6:42 P.M. and extended the invitationr:to .speak.
Council recognized Richard Williams, representin the Surfland Development Company, the developer
of the project for the owner, Diversified
Financial, 2170 Elm Camino Real. With the aid
of wall map exhibits, Mr. Williams. explained
the different elevations of the Park Drive acces
,,requirements and if Council is desirous of
. RV storage area and Park Drive..
Council then 'recognized Norm Arndt, who indicate
he was the project engineer. .Mr. Arndt explaine
there was an existing City right-of-way along
Park Drive in which no landscaping or developmen
would occur. Therefore landscaping would be
substantially recessed from the street and would
not obstruct view of oncoming traffic. Mr.
Arndt concluded the design of the location of
the Park Drive access meets or exceeds all
established line of site and distance criteria.
Since no one else wished to speak, Mayor
Packard closed the public hearing at 6: 52 P.M.
Council continued discussion of safety concerns.
In response to request, the City Manager read from the July 17, 1980 Memo to the Planning
Commission from the Prihcipal Civil Engineer,
which recommended a condition of street dedica- tion to require 4 lanes of traffic on Hillside Drive. In response to Council inauiry, the City
' Engineer indicated the recommendation for 4 lane
.of traffic resulted from the traffic study . conducted in connection with the Agua Hedionda
Specific Plan.
Mayor Packard, with the consent of Council
acknowledged a request from the audience to
address the Council.
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Council recognized Kr. L.W. Rasb, 4156 Highland Drive, Carlsbad, who expressed the opinion that Highland Drive must be considered in any discussion of’widening Hillside Drive. Mr. Rash explained that widening Hillside would create an unsafe funnel effect at the juncture of Hillside and Highland. Mr. Rash suggested Hillside be wid.ened, ,including where Hillside becomes Highland, through to Tamarack Street.
However, .Mr. Rash indicated to widen Highland
busy ‘street .
Council discussion then-centered around the
necessity of requiring dedication of easement
for 4 lanes in Giew of design problems of
widening Hillside, and other problems associated
with impacts on Highland Drive and at the
intersection of Park and Hillside. Further
discussion reflected Council desire that the
matter be studied from an engineering perspective as to the necessity and/or feasibili ty of widening Hillside. If so, it,was suggeste
such report address at what points along Hillside any widening should be constructed.
., would place adjacent homes too closely to a
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The City Attorney responded to Council discussio indicating the recornended easement should be
required and reflected on the tentative map.
Depending upon the results of staff reivew, it
could be vacated at a later time and that the 1
City Engineer p with the approval of Council,
could vary the improvements for Hillside. I
As a point of information, Nr. Williams indicate(.
any widening of Hillside required construction of a retaining wall, as a necessary design and safety feature. Mr. Williams requested an early decision in that preliminary grading and improve
ments would be affected by whether a retaining
wall was required or not.
Council directed the City Attorney to prepare -
the n.ecessary documents approving CT 80-14/PUD- 16, as per Planning commission Resolution 1656,
conditioned upon Council approval of any modifi-
cation pertaining to design and number of lanes
Hillside Drive.
.~ For the record, Council Member Anear expressed
the opinion the width qf the private cul de sac
street within the project was insufficient to accommodate maneuvering by emergency and sanitation vehicles.
22. AB j’6337 - SP-180, APPLICANT: KOLL COMPANY .I This item was removed from order and discussed
at Pages 3 and 4 hereof.
HOUSING & REDEVELOPMENT COMMISSION
Council adjourned to the Housing & Redevelopment Commission at 7:52 P.M. and reconvened at 7:25 P.M., with all Council Members present.
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DEPARTMENTAL AND' CITY MANAGER REPORTS:
23. AB 446297 - Supp.lement' #l. - PARKING - RESTRICTIONS ON CARLSBAD 'BOULEVARD.
A background report on the matter was presented by the City Manager.
A request to speak having been filed, Council recognized Roger Williams, 5118 Shore Drive,
Association. Mr. Williams requested Council consideration of retaining the parking restric-
tions on the west side of Carlsbad Boulevard
betweenTierra del Oro and Shore Drive at all
times, expressing the opinion any parking
allowed there would be utilized by employees
of the San Diego Gas. & Electric Company and/or
visitors to Cannon Park, rather than beachgoers.
The City Manager pointed out if Council was desirous of retaining the current parking restrictions, prohibiting parking at all times,
.. President of the Terramar Homepwners '
'then no action was required.
such restrictions are in force 24. hours a day.
A motion was made and seconded to introduce Ordinance No. '3120, removing parking restrictions on the westerly side of Carlsbad Boulevard between Tierra del Oro and. Shore Drive The motion failed for lack of majority.
In .response to concerns for provision of additional beach parking, Mayor Packard requested staff to investigate the poss.ibility of an agreement with SDG&E to utilize a por- 'tion of their power plant.lot for beach parking.
RECESS
Council recessed at 7:56 P.M. and reconvened at 8:11 P'.M. with all Members present.
Planning
A staff report was presented by the Planning Director, indicating changes in the State
guidelines were reflected in the proposed
ordinance. Mr. Hagaman summarized the changes,
explaining certain of -the new procedures involved a prescribed time sequence which
may affect the EIR process -- either shortening or lengthening same, depending upon the
circumstances.
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ORDINANCE NO. 95.57, AMENDING TITLE 19, CHAPTER 19.04 OF THE CARLSBAD. IUNICIPAL CODE TO REVISE ENVIRONMENTAL
PROTECTION PROCEDURES CONSISTENT
WITH CEQA. '
Council adopted the following Resolution:
RESOLUTION NO. 6214, REPEALING
RESOLUTION NO. 3345 AND 3635, AND
ADOPTING NEW GUIDELINES TO IMPLEMENT THE CITY OF CARLSBAD ENVIRONMENTAL PROTECTION ORDINANCEOF1980.
A brief staff report was presented by the City
Council adopted the following Resolutions:
RESOLUTION NO. 6280, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND ESGIL CORPORATION FOR
. PLAN CHECKING CONSULTING SERVICES. .
RESOLUTION NO, 6281, AUTHORIZING THE TRANSFER OF FUNDS FOR PLAN CHECKING SERVICES.
City Manager
A staff report was presented. by the City
The City Manager presented the staff report.
Council recognized James Gaiser, 3340 Ridgecrest
Carlsbad, who indicated he represented the property owner,: Mrs. opal Law. Mr. Gdiser
. expressed the desire on behalf of his client
.to reach an amicably beneficial resolution.
. However; Mrs. Law desired that same be
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accomplished through a long term lease in order that the property remain in her family.
The City Manager responded a long term lease
would not' be desirable from the City's
standpoint .
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Council discussion reflected their position to
proceed to acquire the project, but that
negotiations with the' property owner as to a
short-term lease/purchase arrangement continue.
.,Council adopted the following Resolution:
RESOLUTION NO. 6282, AUTHORIZING
CONDEMNATION OF CERTAIN PROPERTY
FOR THE CONSTRUCTION OF CITY GOVERN-
MENTAL AND ADMINISTRATIVE OFFICES
AND OTHER PUBLIC IMPROVEMENTS TOGETHER WITH APPURTENANCES AND'APPURTENANT WORK IN CONNECTION THEREWITH.
(81) 28. AB {I6287 - Supplement #2 - LEVANTE PARK BUILDING.
'The staff report was presented by the City
Council discussion reflected concerns relative to the safety of the building during and subsequent to relocation to Levante Park.
relocation. Cbuncil Member Casler .indicated relocation to school owned Levante Park would require approval by the State architect.
Council Member Anear suggested the building be relocated upon a permanent foundation and Council directed staff to make the necessary arrangements for relocation of the 2,000 square foot building, donated by Shape11 Industries, to Levante Park.
(57) 29. AB 86340 - PARKS & RECREATION ELEMENT "ACARI0 CANYON PARK.
The staff .report was presented by the City Manager, essentially as contained in the Stateme of the Matter. Additionally, Mr, Aleshire ex- plained the City Parks & Recreation Commission was reviewing a request for lease of Calavera
Lake, which could be included in the over-all
review recommended for the Parks & Recreation
Element of the General Plan.
In response to Council inquiry relative to financial considerations, the City Manager
' stressed the relationship of this matter to the
, Council directed staff to request proposals
from consultants to update the General Plan
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City Attorney
(99) 30. AB #6341 - AhlIENDMENT PROCEDURES FOR FILING TENTATIVE SUBDIVISI'ON MAPS.
The staff report was presented by the City
Attorn-ey, as contained in the Statement of the Matter .
Council introduced the following Ordinance: Motion X
ORDINANCE NO. 9559, AMENDING TITLE
CARLSBAD MUNICIPAL CODE BY.THE
AMENDMENT OF' SECTIONS 20.12: 015
20.12.090, 20.24.030 AND 20.24.130 TO AMEND THE PROCEDURES AND REQUIREMENTS FOR FILING TENTATIVE MAPS FOR MAJOR '
AND MINOR SUBDIVISIONS.
(48) 31. AB $16342. - SPECIAL NUNICIPAL ELECTION 'PROPOSITION RELATING TO LOW,RENT HOUSING.
The staff report was presented by the City
In response to Council inquiry regarding where projects could be located, the City Manager indicated if Council obtained the' necessary voter approval to engage in City-owned or
City-sponsored low income housing projects for senior citizens, Council would have certain discretion in determining the location of any projects.
Council adopted the following Resolution:
RESOLUTION NO. 6283, CALLING,
PROVIDING FOR AND GIVING NOTICE OF
A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN THE CITY ON NOVEMBER 4, 1980
FOR THE PURPOSE OF SUBMITTING TO
THE QUALIFIED VOTERS OF SAID CITY A MEASURE RELATING TO AUTHORIZATION FOR
DEVELOPMENT OF LOW RENT HOUSING FOR
LOW INCOME S.ENIOR CITIZENS AND
CONSOLIDATING SAID ELECTION WITH
THE PRESIDENTIAL GENE& ELECTION TO
BE HELD ON SAID DATE.
RESOLUTION NO. 6284, REQUESTING THE
BOARD OF SUPERVISORS TO CONDUCT THE
TUESDAY, NOVEMBER 4, 1980 AND TO
CONSOLIDATE THAT-ELECTION WITH THE
PRESIDENTIAL GEYERAL ELECTION HELD ON THE SAME DATE.
RESOLUTION NO. 6285, AUTHORIZING
CERTAIN OF ITS MEMBERS TO FILE A
WRITTEN ARGUMENT FOR A CITY MEASURE,
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ELECTION OF THE CITY OF CARLSBAD ON
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(69) 32. AB 86303 - PARKS. & RECREATION COMMI.S'SIDN
APPOINTMENT.
Council adopted the following Resolution:
. RESOLUTION NO. '62.45, APPOINTING A
XEMBER TO THE CITY OF CARLSBAD PARKS & RECREATION COIJIMISSION, such
member being Barbara Donovan for an
additional term to expire August, 1984.
COUNCIL REPORTS
CPO -
Mayor Packard indicated that CPO would be forwarding a report outlining available grants- and the process and procedure for applying for
same. In this regard, Mayor Packard suggested
the City Manager assign a staff member to review and evaluate the report.
OTHER - Coascal Plan and Coastal Commission
Mayor Packard reported on a recent meeting of Mayors and Managers of coastal cities in California regarding mutual concerns relative to the requirements of the Coastal Commission an local coastal planning. Mayor Packard indicated the purpose of the meeting was to become more
CoastalGxmnission in an effort to more effective ly deal with Commission restraints. Additional1 Mayor Packard indicated that as part of the League of California Cities Conference in October, there would be included a special meeting of coastal cities to discuss these problems. In that regard, the City 'Manager will prepare a Resolution addressing significant and controversial issues and' concerns which will be forwarded to all coastal communities with a request for their respective endorsements and support.
Council Member Lewis questioned whether legislators representing the northern California
cities were aware of concerns, as were representatives of Southern California. If not,
Council Member Lewis su gested their support
be solicited. Mayor Pac E ard concurred, indicating this was also considered as part of
the unifi'ed position of coastal cities.
Council Member Anear furthered-ehe discussion, 'indicating the potential for Coastal Commission requirements to be applied to inland communities was an associated concern. Mayor Packard concurred, indicating the support of CPO on behalf of inland communities would be solicited;
. . unified in presenting these con.cerns to the
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Mayor Packard then requested Council Member Casler to report on the results of the August 15, 1980 meeting of the Regional Coastal
Commission relative to the Mello Bill.
properties.
Regional Commission Yeeting
Council Member Casler indicated the coastal blan for three properties removed from the Carlsbad Local Coastal Program (Mello Bill ProDerties) had been reviewed, along with the conditions imposed by the Coastal Commission. Ers. Casler indicated that of the 12 members of the Regional Commission, a mjaority of 7 votes . were required for approval. . In that there were only 7 members present at this meeting, the disse ing votes of the Mayor of Imperial Beach and herself resulted in no approval. In view of the
vote, Mrs. Casler indicated she would be contacting the Regional Commission staff in a
few days to ascertain the contents of their
report due to the State Commission. by October 1, 1980: -
a
Resolution Opposing League of California Cities' Meeting in the State of Georgia. I Council Member Casler referenced a Resolution
* sponsored by the City of Sacramento', opposing . a meeting in the State of Georgia, in that that
' State had yet to ratify the ERA;
Pursuant to the Council Procedure Ordinance requiring unanimous approval to add an off-Agenda Item, a motion,was made and seconded to add this matter. The motion failed for lack of unanimous
. approval.
Parks & Recreation Commission
Council Member Lewis conveyed the Parks & Recreation Commission's desire to have' a Council policy relative to liability, access and commercial activity of leasing Lake Calavera.
CITY ATTORIGY ADDITIONAL BUSINESS: I
The City Attorney reported on the results .of
an action in which a. California ciky prevailed fc
billing and collecting for trash services from
a citizen who claimed they did not use such
service, Xr. Biondo expressed the opinion that
.attitude of .the Courts toward City government.
. the 4 to 3 vote commented on the current
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Mr. Biondo further reported on the case.
currently under consideration regarding Senate
Bill 201 (school fees), which does not look promising from the perspective of local governments.
ADJOURNMENT
By proper motion, Council adjourned at 9:30
..P.M. to Tuesday, August 26, 19.80 at 7:OO P,M. in the City Council Chambers.
Respectfully submitted,
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Anita D. llurphy
Deputy City Clerk
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