HomeMy WebLinkAbout1984-07-03; City Council; Minutes-
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Meeting of: CITY aNNCIL (Regular Weeting) Date of Meeting: July 3, 1984
Tim of Meeting: 6.00 p.m. Place of Meeting: City Council Chambers
CALI, TO ORLlER: The meting was called to order by Mayor Casler at 6:02 p.m.
ROLL CALL was as folkws:
Present: Council Members Casler, Lewis, Kulchin,
Chick and Prescott.
Absent: None
-ION was given by Mayor Casler.
PLEDGE OF ALLEGIANCE was led by City Attorney Vincent Biondo.
APPROVAL OF MINUTES:
Minutes of the Adjourned Regular Meeting held June 18,
1984, were approved as presented.
Minutes of the Regular Neeting held June 19, 1984, were
approved as presented.
Minutes of the Adjourned Regular Meeting held June 26, 1984, were approved as presented.
IMPASSE HEARING:
Mayor Casler announced that the Impasse Hearing with
Miscellaneous Employees would be held at 6~15 p.m., as previously agreed.
CONSENT CALEMIAR:
Council Member Kulchin asked for Item #3 to be
withdrawn from the Consent Calendar.
Council Member Lewis asked for Item #9 to ke withdrawn
from the Consent Calendar.
Council confirmed the action of the Consent Calendar, with the exception of Item #3 and Item #9, as follows:
WAIVER OF ORDINANCE TEXT FEFBING:
Council waived the reading of the text of all ordinances and resolutions at this meeting.
(50) 1 . AI3 #7801 - RATIFICATION OF DEMANDS AGAINST THE CITY.
Council ratified the payment of demands against the
City in the munt of $332,015.78, for the period June 11 to June 28, 1984; and Payroll demands in the amount of $304,063.10 for the period June 4 to June
17, 1984.
(99) 2. AB #6792 - Supplement #4 - FINAL, MAP - CI' 81-35 -
POINTE SAN MALQ.
council approved the final map of Carlsbad Tract 81- 35.
3. Withdrawn from Consent.
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4. AB 87502 - Supplement P3 - MENDED FINALMAP FOR CT 83-16 UNITS 1 & 2 - SME FE RIDGE.
Council approved the amended final map of Carlsbat!
Tract 83-16, Units 1 & 2: and adopted REsoLUTIcffa
NO. 7650, accepting a street reservation of LSonhrosa.
Street over a portion of lot 393 of map 8363.
5. AB #7577 - Supplement # 3 - ALGA ROAD IMPROVEMW
PROJECT - Contract No. 3141.
Council adopted RESOLUTIOM NO, 7651, approving an amendment to the antract for the Alga Road improvements - Contract No. 3141.
6. AB #7073 - Supplement #2 - T~~IVE MAP EIlIlENSION - (2 81-46 - AIRPOHT BUSIMESS CENTER.
Council adopted RESOLUTION NO. 7652, approving an
extension of time for tentative mp 81-46 subject to certain mnditions.
7. AB #7751 - Supplement #1 - AIWY-NAVY ACADEMY
CRBSSING SIGNALS - CONTI?ACT NO. 31 09.
Council adopted RESOLUrIoN NO. 7653, accepting
bids and authorizins the execution of Contract No.
3 109 for the Aw-N&y Academy crossing signals.
8. AB #7802 - DESTRUCTION OF RECORDS KEPI' BY THE CITY
ATToIwEy ' S DEPARlM ENT .
Council adopted RESOLUTION NO. 7654, authorizing
the destruction of certain records kept by the City
~ Attorney,
I 9. Withdrawn from Consent.
(81 ) 10. AB #7808 - CCMPIUNI~IONS CONSUJX'ING SERVICES FOR (45 ) THE PUBLIC SAFE;Ty FACILITY.
Council adopted RES0I;uTIm NO. 7662, approving an agreement with the Richter Group for Connnunications Consultant Services.
ITEMS WITHDRAWN FROI "HE CONSENT CALENDAR:
(99) 3. AB #7267 - Supplement #2 - FINAL MAP - C!T 82-23 -
MOLA DmTEIIXM~.
Council Member Kulchin requested this item withdrawn from the Consent Calendar to question the removal of
the trees on this property by the developer. The City Manager stated the developer was required to leave the row of trees to separate the amrcial and residential areas, but had remved them. He stated the developer is now being required to replace the row of trees before the final development.
Council approved the final map for Carlsbad Tract 82-23 (Mola Development), subject to assurances of the City Manager that the trees will be replaced.
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('07) 9. AB #7807 - STREET! VAWION OF A poHcION OF mm BOULEVARD,
Council Member Lewis requested this item withdrawn from
the Consent Calendar to express concern about releasing
any property along Carlsbad Boulevard as the time might come when the City would have to buy that property back.
Ron Beckman, City Engineer, A/CM, stated this Resolution was to set this item for public hearing, Information regarding this area from Pine to Tamarack along Carlsbad
Boulevard and the vacating of any portion will be
brought out at that time.
Council adopted RESOLUTION NO. 7661, declaring its intention to vacate a portion of Carlsbad Boulevard.
11. hWBER NOT USED.
ORDINANCES FOR INTRoDuc'rION:
(96) 12. AB #7173 - Supplement #4 - CFMPAIC;N SIGNS -
INCFWSED FEE.
(70)
(74)
Council introduced the following Ordinance and adopted the following Resolution:
ORDINANCE NO. 8102, MENDING TITLE 21, CXAPTER 21.41 OF
THE CARLSl3AD MUNICIPAL CODE BY "IE MENCMW OF SECTION 21.41.160(d) TO INCREASE THE DEPOSIT REQUIRED FOR A
CAMPAIGN SIGN PEMIT.
RESOLUGION NO. 7655, MENDING RESOLt?I'IcpJ NO. 7515 TO
ESTABLISH THE PENIT FEE MIR CFlMPAIGN SIGN PEXNITS.
ORDINANCES FOR ADOPTION:
13, AB #7777 - Supplement #1 - PARK-IN-LIEU FEE
REVISIONS.
Council adopted the following Ordinance:
ORDININCE NO. 9724, MENDING TITLE 20, CIiIAPTER 20.44 OF
THE CARGSBAD MUNICIPAL, CODE BY THE FMENDWWI' OF SECTION
20.44.040 TO WISE THE STANDARDS AND FOFNULA FQR THE
DEDIWION OF PARKLAND.
OFF-AGENDA ITEM - IMPASSE HEARING:
Mayor Casler announced it was time for the Impasse
Hearing.
City Manager Frank Aleshire gave a summary of the events leading to the impasse, stating there were three choices; refer the impasse to mediation; refer to some alternative procedure Council would direct or the parties would agree to; or have the City Council resolve the impasse.
Mayor Casler asked Mr. Jerry Pieti, the Personnel
Director, for the City's preference, and he answered the City's preference was to have the City Council
resolve the inpasse.
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Mayor Casler askedMr. Kelly Irving, representing CCEA, for CCEA's preference, and Mr. Irving stated they requested the same as the City.
Council accepted the recomndations of both parties in
the impasse and agreed to resolve the impasse.
Mr. Jerry Pieti, Personnel Director, made the
presentation for the City, stating the two remaining
issues were insurance and salary. He stated this
impasse was the third for the City, but in spite of
that, the enployees were mnu the highest paid in San
Diego County.
Mr. Pieti, in response to previous aments made by
CCM, stated that there was no lack of oomnication between the two parties, since in negotiations thirteen items had been reduced to two items: namely salary and insurance. As to CCEA's mncern about data, Mr. Pieti used wall charts to show a axparison between salaries
with the City of Carlsbad and other cities in San Diego County.
Mr. Pieti used a chart showing the CPI in San Diego from March 1983 to March 1984 at 6.8%. Turnovers in
the City employment were: 15 resignations (with five requesting re-instatement), 7 transfers, 4 retirements and one death, Mr. Pieti stated the City bad m problem with recruitment of personnel, and as far as internal relations, there was not one CCEA grievance during the past year or any appeals. The internal relations, according toMr. Pieti, as based on the recent clerical survey, were sound. Mr. Pieti stated
CCEA had demanded his working papers, and he had
ref used.
Mr. Pieti stated CCEA reported employee productivity increase should be a basis for salary increase, but the infomation supplied by KEA was not entirely correct,
He stated that the City had been &arged with -rating with obsolete and unsafe equipment, and the City was concerned about that and asked for information about the specific equipment, but did not receive that
information.
Mr. Pieti used wall charts to show the proposals as
made by the City and the proposals mde by Em, and
used charts to show three different positions in the
City and the effect of the difference in salary
increase in each instance.
Mr. Pieti stated 47% of the employees are CCEA dues
paying, with the other miscellaneous employees not
being heard.
Mr. Pieti reconanended Council impose the one-year proposal.
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Mr. Kelly Irving, Staff Representative for Carlsbad City Employees, P. 0. Box 3056, Carlsbad, addressed
Council on behalf of CCEA.
Mr. Irving stated he disagreed with sore of the facts
and figures given by the City. Mr. Irving reiterated
the dates of the negotiating meetings, and stated that
CCEA had not seen the results of the recent clerical
survey. In answer to the unsafe equipment statement, Mr. Irving stated those employees are rn longer msn-bers of CCEA and that is not relevant. Mr. Irving stated
the errq?loyees withdrew from Social Security in 1981,
and in 1982 by-passed a salary increase in order to get the retirement benefits.
Mr. Irving used wall charts to tell the CCFA story. He
stated the City refused to share review data and to
respond to association activity data regarding increased productivity based on employees per one thousand citizen and budget figures. The City also refused to provide
insurance data: there were mis-statements regarding the
CCEA salary increase proposal and management did interfere with CCEA enployees by encouraging a re-vote and polling en-ployees individually. There was also a threat to de-certify the association.
Mr. Irving used a wall chart to indicate Section 3500 of
the CCEA Contract Government Code , and the enployees' rights to have full mmnications between employees and employers. He referred to Section 3505 of the Government Code, regarding meet and confer, and local Ordinance 1181, Section 2.48.040, regarding mployees' rights and ability to join CCEA and not be intimidated.
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The CCEA merbership as of April 1984, was 76 meers,
with 61 nonmembers, and Mr. Irving stated all
miscellaneous employees await the CCEA negotiations. Not one of them had approached the City to negotiate
individually.
Mr. Irving stated last year there was supposed to be
$863,339 deficit , and as a result, the er@oyees agreed to a 3.5% increase. However, there was a surplus instead of a deficit. He felt consideration should be
given for that small increase last year.
Another consideration, according to Mr. Irving, should
be the declining of 19% between 1977 and 1984 of employees per one thousand citizens. The employees are performing mre and mre work, while the City income
increases, but nothing has teen granted for that increased productivity and added revenue.
Mr. Irving compared the insurance premiums and stated the premiums had increased, but the munt paid back in claims had decreased. Also, in 1983, there was an accumulation of $72,000 in reserves, and CCEA .would like to know where that mney went. He gave the change
in benefits for the first $5,000, and noted the figures
for the current year are not available, or what was refunded to the City.
Mr. Irving stated the labor statistics used by CCEA are
from the County of San Diego-all sources-while the City data is for other City enployees only.
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Mr. Gary Wayne, CCEA menher, addressed Council, giving
the figures from the poll conducted by CCEA menbers of Carlsbad voters. The mjority of the voters felt productivity should be considered in salary increases; the majority agreed the decline of employees per one thousand citizens was rot a good policy; the mjority
felt the City did not have the right to withhold information from CCEA; and the mjority of voters felt the City should not interfere with the activities of
CCEA.
Mr. Peter Dreibelbis, Water Department, spoke about the increased work load in that Departmnt, giving statistics and listing the duties of the Water Department employees.
Mr. Fred Horn, Library enployee, spoke as a member of the negotiating team. He referred to the salary increases given the Fire and Police Departments, and proposed increase for Management. He stated it
appeared the miscellaneous employees were slighted
while managemgnt was rewarded. He stated that good
managemant should reward its aployees.
Mr. Irving restated the issues, and asked Council to
approve the 7% increase.
In response to Council questions, Frank Mannen, Assistant City Manager/Administration, explained the health insurance program, He stated the new program was a result of many trade-offs.
Mr, Mannen also stated that the survey was done by the County Personnel Officers Association and the information was confidential, with the agreemant that the raw data was not to be used at the bargaining
table.
Council adopted the following Resolution:
RESOLUTION NO, 7646, RESOLVING AN IMPASSE AND DIRECCING
CEF?I'AIN CQVIPENSATION CHANGES FOR EMPLOYEES REPRESENTED
BY THE cARLs8AD CITY EMPLOYEES ASSOCI~ION.
PReSENTATION:
Mayor Casler was presented with a plaque from the
President of the Board and the General Manager of the
Encina Water Pollution Control District in appreciation
for her service on the Board.
RECESS :
Mayor Casler declared a recess at 8:04 p.m., and Council re-convened at 8:15 p.m., with all Council
Members present.
PUBLIC HJWUNGS:
14. AB #7803 - TEWIXI?~ MAP AND PLANNED UNIT
(99' DEVEIOFMENT - CT 84-14/PUD-69 - TPMARACK POINTE.
Mike Holzmiller, Land Use Planning Manager, gave the
staff report as contained in the Agenda Bill, using a transparency of the location rmp showing the site of
the planned development. Wall mps were used showing the product types, with a close-up of the condominium section.
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July 3, 1984 Page 7
Mr. Holzmiller stated there were two issues with the
conditions of approval remmnded by the Planning
Conmission; one, the applicant was asking to delete the
sidwalks along the frontage of the project; and second,
the andition requiring the existing drainage hannel to be cleaned out and repaired as necessary.
Mr. Holzmiller mentioned the mll point of land as
Shawn on the wall mp and identified as Lot A. This point of land is split by the transmission towers and
divided into two parts by the street. The applicant is not proposing any development at this time for that
portion of the property. A portion of that land has
been landscaped and is being mintained by the City. Mr. Holzmiller showed a wall mp containing the
landscape mncept for the project, and stated the
applicant did not intend to landscape this small pint of land. However, staff had requested the trash be kep
off of that area.
Mr. Holzmiller stated staff felt it was the duty of this developer to clean out the drainage ditch and
repair any damage that has been done to that ditch. Ron Beckman, City Engineer A/CM, stated the City has accepted the drainage ditch, but feels this developer
should clean up any damage he caused.
Bill Hofman, Principal Planner, stated there were two
corrections to the Conditions: Condition 25, page 5,
should read "constructed at the top of the bluff along . .etc.. .'I; Condition 38, b, should read: Tamarack
Avenue to full secondary street standards along the frontage of this project."
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Mayor Casler apened the public hearing at 8:33 p.m. and issued the invitation to speak.
Mr. Don Woodward, 51 Campus Drive, Newport Beach, addressed Council as the applicant, stating that Lot A was not a part of this subdivision. Be stated he would keep it free of weeds and clean of debris. He further stated he would be willing to put some landscaping on Lot A if the City muld maintain it. He expressed willingness to work with the Parks & Recreation Director regarding landscaping with law maintenance planting.
Mr. Barry Bender, Rick Engineering, representing the applicant, addressed Council concerning the anditions
mentioned by Mr. Holzmiller. Condition 38 K asks for a chain link fence around the drainage ditch, andMr. Bender stated the applicant felt the fence would not
achieve its intended pulrpose of preventing access to the ditch. He stated the fence would prevent slope maintenance and would collect trash, He asked Council to reconsider the fence and let the open space prevail.
As to Item 41, Mr. Bender stated they had no problem
with cleaning the ditch, but felt the repairs should be
done by the City.
Mr. Bender asked for approval of the variance to delete
the sidewalk, A copy of an exhibit was given to each Council Member giving the background as to why the applicant feels the sidewalk does not belong.
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Mrs. Patricia Perez, 4415 Sierra Morena, Carlsbad
Meadows Homeowners Association, addressed Counci 1,
stating they were in favor of the project, but would
like the City Council to require landscaping on Lot A and provide for the maintenance in the CCR's of the project .
Mr. Nelson Aldrich, 4410 La Portalada, spoke to Council
regarding Lot A. He felt this should be landscaped by the applicant.
Mr. Wodward spoke in rebuttal, stating Lot A is mt part of the Tamarack Pointe development, but a separate parcel of land. He stated he will be using this land eventually, and muld be willing to nuke an agreemnt with the City regarding installing landscaping, not maintenance, hawever, Mr. Mard felt there should be a dollar limit set.
Since no one else wished to speak on this item, the
public hearing was closed at 9:03 p.m.
Council Members discussed whether the fence and
sidewalk were needed and whether Lot A should be landscaped and then mintained by the applicant until
some future time when he formulates plans for that area.
Council determined to retain Condition 41 requiring the developer to clean and repair the storm drain.
Council approved retaining Condition 38 K requiring the developer to install a fence around the drainage ditch.
Council approved retaining the requirement for the
developer to install the sidewalk as currently conditioned,
Council directed the developer to landscape Lot A in a similar mnner as existing landscaping on the portion that was landscaped by the City.
Motion was made to have the homeowners in the surrounding areas help maintain Lot A. Motion died for lack of a second,
Motion was made to have the developer be responsible for the mintenance of the total landscaped parcel.
Motion died for la& of a second.
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July 3, 1984 Page 9 MEMBERS Z. 6 Z.
Council directed a new aondition be added to this
Kulchin to the City Council, must be mde prior to final
X Lewis application requiring that arrangements, satisfactory
X Casler
xx Prescott parcel.
X Chick map regarding landscaping and maintaining the total X
Council directed the City Attorney to prepare documents Casler X
approving CT 84-14/PUD-69, with the appropriate added Lewis X conditions as previously acted on by Council, Kulchin xx
Chick X Presmtt X
(1 14) 15. AB #7804 - IlplENLMENT TO RESIDENTIAL AND NON-
RESDNIAL PLANNED DEVELQmm (PD) ORDINANCES - ZCA -
173,
Mike Holzmiller, Land Use Planning Manager, gave the
staff report as contained in the Agenda Bill.
Mayor Casler clpened the public hearing at 9:34 p.m. and issued the invitation to speak. Since no one wished tc
speak on this item, the public hearing was closed.
Council introduced the following Ordinance: Casler X Lewis X
ORDINANCE NO. 9727, RECCMMENDING APPROVAL OF A ZONE Kulchin X
CODE PMEMCMEITP, IlplENDING TI'I'LE 21, CHAPTER 21.45 OF THE Chick xx
CAF&SBAD MUNICIPAL CODE, BY THE ADDITION OF SECTION X Prescott 21.45.090(d)(3) AND PMENDINZ TITLE 21, CHAPTER 21-47 OF
THE CARLSBAD MUNICIPAL CODE BY THE PMEMCMENT OF SECTION 21 ,47.110(a) TO AIXN AWINISTRATIVE APPmVAL OF MINOR
NON-FESID?3WIAL PLANNED DEVEIXXMENTS.
DEPARIMWAL AND CITY MANAGER REPOHCS:
City Attorney
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013) 16, AB #7805 - RANCHO CARRILL0 DEVELOEMENT AGREXMW. (45 1 City Attorney Vincent Biondo gave the staff report on this item, noting the agreement would be used as a del.
Council, by minute mtion, approved the Rancho Carrillo Casler xx Development Agreement .
X Chick X Kulchin X Lewis
X Prescott
City Council
(63) 17. AB #7806 - VOTING DELEGFYTE ANNUAL LEAGUE CONFERENCE.
Council appointed Council Member Prescott as the voting Casler
X Kulchin Conference.
X Lewis delegate to the League of California Cities Annual xx
Chick X Prescott X
City Attorney Vincent Biondo was named as Alternate to Casler X the League of California Cities Annual Conference. Lewis X
Kulchin xx
Chick X Prescott X
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I281 18, AB #7807 - PERSOMNEL BOARD AppOlTfIMENTS.
Mayor Casler announced there wuld be a two-week delay in making the Personnel Board Member appoin-nt.
:103) 19. AB #7808 - TRAFFIC SAFETY CCMMISSION ApPoINIMEMIlS.
Council adopted the following Resolutions:
RESOLUTION NO. 7658, APPOINTING ROBERT KOOD TO THE
CARLSBAD TRAFFIC SAFETY ~ISSION.
RESOulTION NO. 7659, APWINTING MARY MELIDEO !TO THE
CARLSBAD TRAFFIC SAFETY ~ISSION,
Resolution No. 7657 will be held until there is an
indication from Mr. Harkins as to whether he wishes b
be re-appointed,
(28) 20. AB #6288 - Supplement #2 - APPOINIMENC TO SERRA
COOPERKFIVE LIBRARY SYSTEM ADVISORY BOARD.
Council adopted the following Resolution:
RESOLUTION NO. 7660, APPOINTING MARGARET M. w TO
THE SERRa COOPERATIVE LIBRARY SYSTEM ADVISORY PfXBD.
2 1 . AB #7809 - PARKS AND RECFWEION CCMMISSION
(69) APmmm.
Council adopted the following Resolution:
RESOUTTION NO. 7663, APPOMTING MARY CRSERINE REGAN TO
THE PARKS AND REcRElpTION CCB"ISSI0bJ.
City Clerk I
(48) 22. AB #7810 - CANDIDKC'E ~IONS - GENERAL MUNICIPAL ELZCJ!ION.
Lee Rautenkranz, City Clerk, gave the report on this
item as contained in the Agenda Bill, stating the filin3 fee is $25.00 or petition-in-lieu containing one hundrel
valid signatures.
Council agreed on the 200-word statements as listed in
item 1 of the Agenda Bill, and agreed to item 2 and 3,
leaving the requirements as they are m.
Council adopted the following Resolution, with the
addition of the $25.00 filing fee.
RESOUTTION NO. 7664, ADOETING ~GULATIONS FOR CANDIDX'E!. FOR ELECI'IVE OFFICE, PERI'AINING TO MRTERIALS SUENlTTED
TO THE ELECTORATE AND COS'S THEREOF.
COUNCIL REmRrs:
JAC
Council Member Prescott reported on the recent meting.
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Housing and Redevelopment Advisory Cmittee
CouncilMember Kulchin stated she would Xerox copies of this reprt and give to the other Council Menbers.
Parks and Recreation Conmission I Council Member Lewis had xeroxed the summary of the Parks and Recreation Conmission meting and distributed it to the Council Members earlier.
Historical Site Committee
Council Member Lewis reported on the Comnittee meeting.
Coastal Legislation:
Mayor Casler reprted she had been to Sacramento, as authorized by the Council, and testified on the bill that will go to the Senate Finance Connnittee and then to the Senate floor.
(70) Beach Erosion -- Legislation:
Mayor Casler stated she had gone to the State Department of Boating and Waterways and they were hesitant about
the seaweed program. However, they were enthusiastic about protecting the bluff between Pine and Tamarack and were willing to get involved. It takes approximately 18 months for action, so if the City gets an application in imediately, perhaps this could be funded for 1986.
Council authorized the City Manager to proceed with the
necessary steps to make application to the Department of
Boating and Waterways for funding to protect the bluff
between Pine Street and Tamarack Avenue.
ADJcURmlm:
By proper mtion, the meting was adjourned at 10:07 p.m. to Tuesday, July 10, 1984, at 6:OO p.m., in the Council Chambers.
Rspectfully submitted,
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ALETHA L. RauTENKRANz City Clerk
Harriett Babbitt Minutes Clerk
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