HomeMy WebLinkAbout1981-06-02; City Council; MinutesT
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-. MEETING OF: -..
DATE OF MEETING: CITY COUNCIL (Regular Meeting) __.
June 2, 1981 TIME OF MEETING: 6:00 P.M. PLACE OF MEETING: Council Chambers - COUNCIL
CALL TO ORDER was made by MayorPackard at 6:Ol P.M.
ROLL CALL.was taken bly the-City Clerk:
Present - Packard; Anear, 'Kulchin, and Lewis.'
Absent - Casler.
b INVOCATION was given-by Reverend James Nettinga, of . Pilgrim Congregational Church.
PLEDGE OF.ALLEGIANCE was led by City Attorney, Vincent Biondo Jr.
CONSENT CALENDAR:
Council Member Lewis' requested that Item No. 3 be removed from the Consent Calendar for discussion.
Council affirmed the action of the Consent Calendar, with the exception of Item No. 3, as follows:.
WAIVER OF DOCUMENT TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions before Council at this meeting.
1. AB #6617 - RATIFICATION OF DEMANDS:
Council ratified payment of demands against the City in the amount of $1,363,987.96 for the period May 15, 1981 to May 22, 1981; payroll demands in the amount of $237,270.99 for the period May 11, 1981 to'May 24, 1981 and Housing Authority demands in the amount of $42.99 for the period May 15, 1981 to May 22, 1981.
2. AB #6610 - WEED ABATEMENT.
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Council adopted the following Resolution:
RESOLUTION NO. 6548, DECLARING AS PUBLIC NUISANCES, RUBBISH AND REFUSE UPON PRIVATE PROPERTY IN THE CITY OF CARLSBAD, and setting the matter to public hearing on June 16, 1981.
‘4. AB #6612 - PURCHASE OF VAN TRUCK.
) Council adopted the f'ollowing Resolution:
z RESOLUTION NO. 6551, ACCEPTING A BID AND AUTHOR- IZING THE EXECUTION OF A CONTRACT FOR THE PURCHASE OF A VAN TRUCK WITH DIXON FORD.
5. AB #6613 - TRANSFER QF FUNDS FOR SWIM COMPLEX.
Council adopted the flollowing Resolution:
RESOLUTION NO. 6552, TRANSFERRING FUNDS FROM THE AQUATICS BUDGET OPERATING ACCOUNTS TO THE AQUATICS CAPITAL EQUIPMENT ACCOUNT.
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[x] ~ 6. AB #6417 - Supplement #1 - STATE FUNDING GRANT FOR RAISED PAVEMENT MARKERS.
Council adopted the following Resolution:
RESOLUTION NO. 6553, APPROVING THE PROGRAM
AGREEMENT NO. 11-5308 AND AUTHORIZING THE MAYOR
TO EXECUTE THE PROGRAM SUPPLEMENT CORRECTION.
SUPPLEMENT CORR~ON TO LOCAL AGENCY-STATE
AB #6603 - Supplement #1 - CT 81-8/Cp-151 - TENTATIVE TRACT MAP A.ND CONDOMINIUM PERMIT - APPLICANT:
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Council adopted the following Resolution:
RESOLUTION NO. 6554, APPROVING WITH CONDITIONS
CONDOMINIUM PROJECT AND APPROVING CONDOMINIUM PERMIT '(CP-151) FOR SAID PROJECT ON PROPERTY GENERALLY LOCATED. ON THE WEST SIDE OF SANTA ISABEL STREET.
TENTATIVE SUBDIVISION MAP (CT 81-8) FOR A 10-UNIT
8. AB #6602 - Supplement #1 - CT 81-3/cP-149 -
TENTATIVE TRACT MAP AND CONDOMINIUM CONVERSION PEWIT -
APPLICANT: MOLA DEVELOPMENT CORPORATION.
Council adopted the following Resolution:
RESOLUTION NO. 6555, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 81-3) FOR AN 80 UNIT CONDOMINIUM PROJECT AND APPROVING CONDOMIN- IUM PERMIT (CP-149) FOR SAID PROJECT ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO
REAL SOUTH OF SWALLOW LANE.
[991 I 9- AB #6614 - LAKE CALAVERA HILLS REFUND OF FEES - CT 76-12.
Council.authorized the Finance Director to refund the
developer, Pacific Scene, the amount of $49,665 from
the.revenue accounts listed on the Agenda Bi.11.
[741 I 10.. AB #6615 - EXTENDING CURRENT FIREFIGHTER LIST FOR ONE YEAR.
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Council adopted the following Resolution:
RESOLUTION NO. 6556, EXTENDING JOINT FIREFIGHTER ELIGIBILITY LISFCITIES OF CARLSBAD, OCEANSIDE, AND VISTA TO JUNE 13, 1982. 9
[841 11. AB #6564 - Supplement #1 - PURCHASE OF FIRE HOSE.
Council adopted the following Resolution:
RESOLUTION NO. 6557, ACCEPTING BIDS AND
PURCHASE OF FIRE HOSE, with Wardlaw Fire Equip-
ment, San Diego Fire Equipment, and Halprin
Supply Company.
AUTHORIZING THEEXECUTION OF CONTRACTS FOR THE
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[gg] 12. AB #6619 - FINAL MAP AND PARK DEDICATION FOR
CARLSBAD TRACT 74-25, UNIT #2 - TANGLEWOOD.
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Council adopted the following Resolution:
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. . . . RESOLUTION NO. 6558 ,' ACCEPTING -A GRANT DEED .FROM
THE HIGHLAND CCmY AND A PARTIAL RECONVEYANCE
FROM TITLE INSURANCE AND TRUST COMPANY FOR PARK
PURPOSES. .. .
[lo11 13. AB #6104 - Supplement #1 - METRO TAXI REQUEST FOR I 1NCREASED.RATES.
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Council adopted the following Resolution: I
RESOLUTION NO. 6560, AMENDING RESOLUTION NO. 6498,
NECESSITY TO MEtTRO TAXI, TO REVISE THE SCHEDULE
OF FARES.
ISSUING A CERTIFICATE OF CONVENIENCE AND
ITEM REMOVED FROM CONSENT CALENDAR: I
3. AB #6611 - AGREEMENT FOR PROVISION OF AN ENVIRON- MENTAL IMPACT REPORT FOR A 95.5 ACRE GENERAL PLAN
AMENDMENT. (SHERMAN)
Council Member Lewis stated he had requested the item removed from the Consent Calendar, in order to request additional information. He questioned whether this was the same area proposed for development in the early ~O'S, which was denied due to various problems, including its' location in the flood plain.
In response, the City Manager indicated it was the same property, and that the owner was aware of Council' previous actions relative to the property. He indicated this agreement would allow for the prepar- ation of the Environmental Impact Report to address possible mitigating measures, in order to allow development of the property.
Council adopted the following Resolutions:
RESOLUTION NO. 6549, APPROVING AN AGREEMENT
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR A 95.5 ACRE PROJECT IN THE CITY OF CARLSBAD.
BETWEEN THE CIT~ CARLSBAD AND ENVICOM FOR
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RESOLUTION NO. 6550, APPROVING AN AGREEMENT
A DEVELOPER WHEREBY THE CITY WILL ACCEPT FUNDS FROM THE DEVELOPER FOR PROVISION OF AN EIR.
Council Member Anear expressed the desire to comment on Item No. 12, and Council concurred.
b BETWEEN THE CIT~ CARLSBAD AND JOSEPH SHERMAN,
He stated that the site being dedicated for park purposes was an old abandoned dump, and he questioned
whether the Parks and Recreation Commission have been
given the opportunity to consider the desireability of this site.
In response, the City Manager indicated that the site
dedication was required as a condition of,a map approve in 1975, when Council's policy regarding parks was significantly different than the current policy.
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The City Manager also, indicated that at such time as
the Parks and Recreat.ion Element is re'viewed, such
. . - .issues would be considered, . _. .
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ORDINANCES FOR INTRODlUCTION: .
14. AB #6601 - Supplement #1 - ZONE CHANGE FROM R-3
r1131 TO RP-Q - ZC-230. BANDEMER AND SCHLEHUBER.
Council introduced th.e following Ordinance:
I ORDINANCE NO. 9590, AMENDING TITLE 21 OF THE
MAP TO GRANT A CHANGE OF ZONE (ZC-230) FROM R-3 (RESIDENTIAL-MULTIPLE FAMILY) TO RP-Q (RESIDEN- TIAL-QUALIFIED OVERLAY) ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF JEFFERSON STREET
BETWEEN LAGUNA DRIVE AND HOME STREET.
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING
1 1 ORDINANCES FOR ADOPTION: -
15. AB #6559 - Supplement #1 - PROPOSED TIME AND
PROCESS. [301 i COST REDUCTION IN THE: BUILDING PERMIT .INSPECTION
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Council adopted the following Ordinance:
ORDINANCE NO. 8091, AMENDING TITLE 18, CHAPTER
18.04 OF THE CZmBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 18-04.045 RELATING TO BUILD- ING PERMIT FEES FOR CERTAIN HOUSING PROJECTS FOR LOW AND MODERATE INCOME PERSONS.
16, AB #6574 - Supplement #l - REVISION OF CHAPTER
18.28 OF CARLSBAD MUNICIPAL CODE RELATING TO SWIMMING
POOLS.
. Council adopted the following Ordinance:
ORDINANCE NO, 8092, AMENDING TITLE 18 BY THE
AMENDMENT OF CE[APTER 18.28 TO REGULATE SWIMMING
POOL ENCLOSURES; AND USE. 1 PUBLIC HEARINGS:
-17. AB #6623 - APPLICATION FOR CERTIFICATE OF
CONVENIENCE AND NECESSITY TO OPERATE TAXI IN THE CITY
OF CARLSBAD - FRANK ElARBERI dba FRANK'S CAB. 1 The City Clerk gave a brief staff report, indicating
the applicant had applied with all conditions and requirements for the operation of taxi service in the
City, and was requesting a Certificate of Convenience and Necessity.
Mayor Packard opened the public hearing, and inquired
whether anyone wished to address Council.
Mr. Frank Barberi, 2917B State Street, Carlsbad; applicant, addressed Council. He requested approval of the application, and indicated his intent to
provide quality service to the City.
Since no one else wished to speak on the matter, Mayor Packard closed the public hearing at 6:18 P.M.
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I Council adopted the following Resolution:
RESOLUTION NO. 6561, DETERMINING THAT THE PUBLIC.
. ' INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE
. ISSUANCE 0F.A CERTIFICATE T0;FRANK N. BARBERI, '
DBA "FRANK'S CAB" TO OPERATE ONE TAXICAB IN THE
CITY OF CARLSBAD AND ORDERING THE CITY CLERK TO
ISSUE SAID CERTIFICATE SUBJECT TO CERTAIN
CONDITIONS; ..
Council Member Anear requested a report on the Cityst liability, with regard to'vehicle inspection on taxi- cabs.
'I 1 18. AB #6618 - GENElRAL PLAN LAND USE ELEMENT AMEND-
MENTS CASE NOS. : GPA-,58 (A,B,D,E,I, J) .
GPA-58 (A) - NEWPORT SHORES.
The Planning Director gave a staff report on the matter with the aid of a transparency showing the location of the affected property.
In response to Council questions, he stated that the property was within the Coastal Zone, and would be
subject to the coastal permit process. He also indicated that requested changes do not significantly affect the overall SA.NDAG population densities.
Mayor Packard opened the public he+ring, and inquired if anyone desired to address the Council. Since no one responded, Mayor Packard closed the public hearing for GPA-58(A) at 6:25 P.M.
Council directed the City Attorney to prepare necessary documents approving GPA-58(A).
GPA-58 (B) - THE WOODWARD COMPANY.
The Planning Director gave a staff report, with the aid
of transparencies showing the location of the property.
Mayor Packard opened the public hearing and inquired
whether anyone desired to address Council.
Mr. Jim Goff, representing La Costa Land Company/Daon
Corporation, 1241 Elm Avenue, Carlsbad, addressed Council. Mr. Goff stated they are the owners of the b property, and support the proposal. In response to Council query, he stated the San Marcos Sch:ool.DiSk.P:ict had stated they would not need the,- school. sktte::.in this particular area.
Since no one else wished to address Council, Mayor Packard closed the public hearing for GPA-58(B) at
6:28 P.M.
Council directed the City.Attorney to prepare necessary
documents approving GPA-58 (B) .
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[57] GPA-58(D) - FRANDSEN. .,t . ,. '' ' ."" .
.. The Planning Director.gave a staff report with the aid
of a transparency 'showing the location of the property.
'Council Member Lewis noted -the location .on El Camino
Real, and requested that Council, at a future workshop,
discuss and develop a policy for proposed development
along.El Camino Real, He expressed'concer-n about *
commercial deve1opmen.t continually expanding on the street.
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Mayor Packa.rd opened the public hearing and inquired
whether anyone desired to address Council,
Mr. Jim Frandsen, applicant, addressed Council. Mr, Frandsen expressed agireement. with the staff report, and requested approvad.
Since no one else wished to speak on the matter, Mayor Packard closed the public hearing on GPA-58.(D) at
6:35 P.M.
Council directed the City Attorney to prepare necessary documents approving GPA-58 (D) .
I 1571 GPA-58(E) - CITY OF CIARLSBAD.
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The Planning Director gave a brief staff report with the aid of a transparency showing the location of the areas affected.
Mayor Packard opened the public hearing and inquired
whether anyone desired to address the Council. Since
no one responded, Mayor Packard closed the public
' hearing on GPA-58(E) at 6:37 P.M.
Council directed the City Attorney to prepare necessarq
documents approving GPA-58 (E).
GPA-58 (I) - LA COSTA LAND COMPANY.
The Planning Director gave a staff report with the aid
of transparencies showing the location of the property. t Council Member Lewis expressed concern about high
density developments,, and suggested that Council
establish more definitive guidelines as to which
amenities would qualify developments for higher zone
densities,
Mayor Packard opened the public hearing and inquired
whether anyone desired to address Council.
Mr. Jim Goff, representing La Costa Land Company/Daon Corporation, 1241 Elin Avenue, Carlsbad; applicant,
addressed Council. Mr. Goff expressed concurrence with the staff report, and requested approval.
Since no one else wished to speak, Mayor Packard closed the, public hearing on GPA-58(1) at 6:42 P.M.
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Council directed the City Attorney to prepare the
necessary documents a.pproving GPA-58 (I) .
GPA-58 (J) - ELM PROPEiRTIES.
The Planning Director gave a staff report with the aid 1 of a transparency showing the location of the property.
Mayor Packard opened the public hearing and inquired
whether anyone desired to address the Council.
Mr. John Bailey, Executive Vice-president, Lusardi
Construction Co., representing the applicant, addressed
Council. Mr. Bailey, with the aid of wall exhibits and
transparencies, detai.led the intents and purposes and permitted uses in the R-P zone, as contained in the Carlsbad Municipal Code. He referenced the previous application and hearing on the matter by Council, and detailed the subsequent changes in the application, in an attempt to address the concerns of Council. He
also reported on the unsuitability of the property for senior housing, due to its nearness to El Camino Real, which would create unpleasant living conditions due to the excessive noise.
Mr. Bailey concluded the presentation with the display of a wall exhibit showing a site plan of a proposed development on the property, and requested Council approval of the General Plan Amendment.
Mr. Don Brown, Carlsbad Chamber of Commerce, addressed Council, expressing support of the proposed project. I
Since no one else wished to speak, Mayor Packard
closed the public hearing on GPA-58 (J) at 7:11 P.M. I
Following Council discussion, the City Attorney was
directed to prepare the necessary documents approving
GPA-58 (J) .
DEPARTMENTAL AND CITY MANAGER REPORTS:
City Attorney
19.. AB #6588 - Supplement #1 - CUP-42(H) - CHAMBER OF COMMERCE: APPEAL OF PLANNING COMMISSION DECISION TO
DENY AMENDMENT TO CONDITIONAL USE PERMIT. ' Council adopted the iEollowing Resolution:
RESOLUTION NO. 6540, UPHOLDING THE PLANNING
ING THE APPEAL FOR A CONDITIONAL USE PERMIT
(CUP-42(H)) TO SELL BEER AT THE U.S. GRAN PRIX
MOTOCROSS, AT THE CARLSBAD RACEWAY, ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD WlEST OF LINDA VISTA DRIVE.
COMMISSION RECOMMENDATION AND DECISION AND-DENY-
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[43] APPEAL OF PLANNING CClMMISSION DECISION TO DENY A 20. AB #6587 - Supplement #1 - CUP-195 - HAWTHORNE:
CONDITIONAL USE PERMIT. - .t, Council adopted the following Resolution:
RESOLUTION NO. 6539, UPHOLDING THE PLANNING
DENYING THE APPEAL FOR A CONDITIONAL USE PERMIT
OF CONSTRUCTION EQUIPMENT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF PASEO DEL NORTE BETWEEN PALOMAF! AIRPORT ROAD AND CAMINO DEL
PARQUE .
COMMISSION RECC)”ENDATION AND DECISION AND
(CUP-195) TO ALLOW FOR THE RENTAL AND SERVICING
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21. AB #6622 - SETTLEMENT AGREEMENT - WESTERN LAND DEVELOPMENT COMPANY V. CITY OF CARLSBAD - CASE NO.
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Council authorized the. Mayor to execute the Settlement
Agreement on behalf of. the City, and the Mayor and each Council Member to>execute it for themselves.
Engineering
[96] 22. AB 36616 - REQIJEST FOR STOP SIGNS - THREE-WAY STOP ON MAGNOLIA AT JEFFERSON AND FOUR-WAY STOP ON GRAND AT ROOSEVELT. ..
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Following a brief staff report on the matter by the City Engineer, Council introduced the following Ordinances: (By one motion)
ORDINANCE .NO. 3129., AMENDING TITLE IO, CHAPTER
10.28 OF THE CAmBAD MUNICIPALCODE BY THE AMENDMENT OF SECTION 10.28.110 TO DESIGNATE STOP CONTROL ON MAGlSOLIA AT ITS INTERSECTION WITH JEFFERSON.
ORDINANCE NO. 3130, AMENDING TITLE 10, CHAPTER 10.28 OF THE ClmBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTION 10.28.270. TO DESIGNATE STOP
CONTROL ON GRAND AT ITS INTERSECTION WITH - ROOSEVELT. .
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Mayor Packard suggested, and Council concurred,,that
Item No. 27 be taken out of order and be discussed at
this time.
170+ 27. AB #6624 - AGUA HEDIONDA LAGOON - REQUEST TO SPEAK - WILLIAM H. AND WENDY R. HILL.
Following a brief introduction on the matter by the
City Manager, the PoILice Chief continued with the staff report. Chief Jimno distributed to Council copies of the California Boating Law, and a copy of
the new Enforcement Notice, and Listing of Require-
ments, which is being distributed to all boat owners
at the present time.
He also reported that effective the last weekend, the Police Department had begun testing boats for noise, and had set up a test course, which meets the require- ments of the law, to allow proper enforcement.of noise restrictions. I
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MEMBERS 1 I COUNCIL REPORTS: I
[1111 CRMWD/City Water Mercler -
It was reported that the CRMWD appeal to LAFCO had been denied.
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JAC ' Council Member Ku1chi.n reported that it had been
determined that 600,000 gallons per day of Vista's
flow was previously being charged to Carlsbad, and the appropr-iate adjustments were being made.
ITEMS ADDED TO AGENDA:
The City Manager reported on the need for Council action regarding purchase of property for City Hall
expansion, and the need for action relating to a
request for funding for fireworks. He requested that
Council add the itema=to the agenda for discussion and
consideration. . .
Council agreed to addl the two items to the agenda for
discussion..
AB #6480 - Suppl.ement.. #2 - CITY HALL EXPANSION LAND . ACQUISITION - CHARNHOLM PROPERTY.
The City Manager reported on the matter as contained
I in th.e Agenda Bill distributed to the Council.
Following. brief. discu.ssion, the. following Resolutions
were adopted:
RESOLUTION NO. 6562, APPROVING THE EXPENDITURE
OF FYNDS FOR TH~RCHASE OF PROPERTY AND ' '
AUTHORIZING THE: MAYOR TO EXECUTE DOCUMENTS.
RESOLUTION NO. 6563, ACCEPTING A GRANT DEED FROM
WALTER CHARNHOIFOR REAL PROPERTY CONVEYANCE.
.. July 4th Fireworks
The City Manager reported that a request had been received via Mr. Don Brown of the Chamber of Commerce for the Citys' assist.ance and monetary contribution toward fireworks for the Fourth of July.
b Council discussion reflected concern about expending funds for fireworks, after asking all City departments to cut budgets, and a.fter reducing police enforcement on the lagoon, due to costs.
It was the concensus of Council that the request for
funds be denied.
Development at 1-5 and Poinsettia.
The City Manager indi.cated that the Planning Director had a report for Council in response to the query about the grading taking place at the corner of 1-5 and Poinsettia.
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The Planning Director: indicated that the grading is
for a 308 unit condominium project, which was approved
by the City Council in 1973.. He stated that following
Council approval, they had become involved with the Coastal Commission and litigation with the Coastal Commission, and then were affected by the sewer moratorium. He also reported that as a part of that
development, Lot 17 was to be dedicated to the City for a park. He indicated it is a slope, and Staff.does not feel it would be appropriate for a park: however,
the developer needs to know the Citys' intent with
regard to that lot, i.n order to continue with his
processing of the development.
Council suggested .th,at the matter be placed on a ._
future agenda for discussion and action.
CITY ATTORNEY ADDITIONAL BUSINESS':
The City Attorney informed Council of his Departments'
actions when attempts...are made to make personnel files
of po1ic.e officers. available to the prosecuting attorney and clients. 1 EXECUTIVE SESSION:
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Mayor Packard called an Executive Session at 8:35 P.M., and announced that management compensation would be
discussed. Council reconvened. at 8:55 P.M., with-four
. Council members present.
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Council instructed Staff to prepare documents to establish management salaries.
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Staff was directed to prepare documents'to establish certain other range increases for certain management positions.
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ADJOURNMENT
By proper motion the meeting was adjourned at 8:55. P.M. to Tuesday, June 9, 1-981, at 6:OO P.M., in the Council Chambers. ,l cladaatAc
Respectfully Submitted,
34. R&+
ALETHA L. RAUTENKRANZ, City Cler Ann R. Alleman, -Minutes Clerk
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