HomeMy WebLinkAbout1985-06-04; City Council; Minutes-
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Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: June 4, 1985 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers
CALL TO ORDER: The meeting was called to order by
Mayor Casler at 6:OO p.m.
ROLL CALL was taken by the City Clerk as follows:
Present: Council Members Casler, Lewis, Kulchin
Chick and Pettine.
Absent: None.
INVOCATION was given by Mayor Casler.
PLEDGE OF ALLEGIANCE was led by Council Member Chick.
Mayor Casler announced a request to continue Item #3 on
the Housing and Redevelopment Comnission Agenda for two
weeks.
Council, on behalf of the Housing and Redevelopment Commission, continued AI3 #41, ea1 of Design Review Board Decision Regarding FP 84-16 - Wally's Restaurant,
for two weeks.
Mayor Casler announced a request to take Item #22 -
Interim Ordinance - Beach Area, out of order, following Item #17, and Council concurred.
cmsm CALENDAR:
Council Members Lewis and Pettine requested 'ho" votes be shown on Item #6.
Council Member Pettine requested Item #13 be withdrawn.
Council confirmed the action of the Consent Calendar, with the exception of Item #13, as follows:
I WAIVER OF ORDINANCE TEXT READRE:
I , Council waived the reading of the text of all
ordinances and resolutions at this meeting.
(50) 1. AB #8192 - RATIFICATION OF DENANDS AGAINST THE
CITY.
Council ratified the payment of demands against the
City in the mount of $1,522,810.05 for the period May 16 to May 30, 1985: Payroll demands in the amount of $326,860.02 for the period May 6 to May
19, 1985: and Housing demands in the amount of
$72,988.50, for the period May 16 to May 30, 1985.
(99) 2. AB #7675 - Supplement #1 - ACCEPTANCE OF PUBLIC
IMPmENPS OF CHINQUAPIN LANDING - CARGSBAD TRACT 83-
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(99) 2. AB #7675 - Supplement #1 - ACCEPTANCE OF PUBLIC
IMPmENPS OF CHINQUAPIN LANDING - CARGSBAD TRACT 83-
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Council accepted improvements, authorized the City
Clerk to release bonds, and directed the Utilities and Maintenance Departments to mmmence maintaining
the public streets associated with the subdivision.
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CONSENT CALENDAR: (Continued)
3, AB #8190 - ACCEFTANCE OF A GRANT DEED FOR ACCESS
RIGHTS TO A F'OI?!I'ION OF PALOMAR AIFSQRT ROAJ3.
Council adopted RESOLUTION NO. 8037, accepting a grant deed for access rights to a portion of Palomar Airport Road.
4. AB #819 1 - ACCEFTANCE OF A SEWFX AND S'IORN DRAIN
EASEMENT.
Council adopted RESOLUTION No, 8038, accepting a
grant deed for sewer and storm drain easement for a
portion of Park Drive.
5. AB #8193 - ACCEPTANCE OF A F'OKt'ION OF JEFFERSON
STMET AND GRAND AVENUE,
Council adopted RESOLUTION NO. 8039, accepting a grant deed for an easement for street purpses of a
portion of Jefferson Street and Grand Avenue.
6. AB #8179 - Supplement #2 - APPROVAL OF A 73-LoT
TENTATIVE MAP - CT 85-5 - SWA FE KNOLLS.
Council adopted RESOLUTION NO. 8040, approving with
conditions a 73-lot tentative map CC 85-5 on 23.6 acres of property generally located on the east side
of Mission Estancia, southerly of the proposed La
Costa Avenue, Mission Estancia intersection.
7. AB #7963 - Supplement #3 - ~LNORTEI VIDM) ARCADE -
CUP-234 - WLWORTH.
Council adopted RESOLUTION NO. 8041, aproving a conditional use permit CUP-234 to conduct a video arcade business and continuing said permit in effect subject to additional conditions.
8. AB #8194 - AMENXENTS TO CCMMUNITY DEVEXDPMENTJ!
BLOCK GRANT COIWRACTS l4ITH COUNTY OF SAN DIEGO TO
PERMIT REAL;LOCATION OF !?UNDS.
Council adopted FSOLUTION No. 8042, authorizing amendments to community development block grant
contracts.
9. AB #8195 - APPEOVING TESTING ENGINEERS' COIVIPACT
FOR DFSTRUCTIVE AND WN-DESTRUCTIVE TESTING SERVICES
FOR THE CAJ3TSBAD SAFETY AND SERVICE CENTER
CONSTRUCTION.
Council adopted RFSOLUTION NO. 8043, approving a
contract between the City of Carlsbad and Testing
Engineers of San Diego for non-destructive and
destructive testing services, and authorizing the
Mayor to execute said agreement.
10. AB #8196 - ACCEPTANCE OF GRANT DEEDS FOR CENTRAL
BUSINESS STORM DRAIN AND QUITCLAIM OF EASENEWT.
Council adopted RESOLUTION NO. 8044, accepting grant deeds for storm drain purpses.
Council adopted RESOLUTION NO. 8045, approving quitclaim of temporary mrking easement and permanent easement for storm drain purposes.
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CONSENT CALENDAR: (Continued)
(93) 1 1 . AB #7729 - Supplement #2 - CENT€?? BUSINESS SmRM
I(45) DRAIN - CONTRACT NO. 3085 - CHANGE ORDER NO. 1.
Council adopted RESOLUTION NO. 8046, approving
change order no. 1 to contract no. 3085 central business storm drain.
(81 ) 12. AB #8119 - Supplement #4 - REJECTING BIDS FOR
CARLSBAD SAFETY AM) SERVICE CENTER BID PACKAGE NO, 3 -
(45) SERVICE STATION EQUIm AND FUEL ISLAND - 3006-3F,
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Council adopted RESOLWION No. 8047, rejecting all
bids for section 3006-3F service station equipment
and fuel island of bid package no. 3 for the construction of the Carlsbad Safety and Senrice
Center and authorizing the Purchasing Officer and
City Clerk to readvertise and invite bids for this
bid package section.
13. AB #7410 - Supplement sf2 - TENTATIVE W?. EXTENSION - cARI;sBAD TRACT NO. 83-5 - (CRC/LA COSTA PFOPERTIES).
This item was withdrawn from the Consent Calendar.
14. AB #8199 - AUTHORIZATION OF THE ISSUANCE OF SINGLE FAMILY RESIDENTIAL MOIiTGAGE REVENUE BONDS, ISSUE OF 1985.
Council adopted RESOLUTION NO. 8051, authorizing
the issuance of its single family residential
mrtgage revenue bnds, issue of 1985; making certain findings and determinations in connection therewith; and authorizing the execution of certain documents and certain other actions.
ITEMS WITHDM FRoEl THE CONSENT CALENDAR: ~~ ~ ~~ ~ ~- " ~.
13. AB #7410 - Supplement #2 - TENTATIVE MAEJ EXTENSION - CARLSBAD TRACT NO. 83-5 - (CRC/LA COSTA PROPEWIIES). ..
Council Member Pettine stated there was a controversy when this was before Council previously and he would like a reprt by staff.
Charles Grim, Principal Planner, gave a summary of the project, stating the neighbors objected to access from La Coruna Place.
Council Member Pettine suggested a continuance of this item in order to have input from both sides.
Council continued this item for one week.
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ORDINANCES FOR INTRODUCTION:
(48) 15. AB #8079 - Supplement 81 - CAMPAIGN DISCLOSURE ORDINANCE.
City Attorney Vincent Biondo gave a brief report on
this Ordinance.
Council Member Pettine suggested a time limit be included in subsection (c) , to read: 'hithin ten days
of the final filing time."
Council introduced the following Ordinance, as ended to include the following wording at the end of sub-
section (c) : 'hithin ten days of the final filing time. I'
ORDINANCE NO. 1281, "G TITLE 1, CHAPTER 1.13 OF
THE CARLSBAD MUNICIPAL CODE BY ?HE ADDITION OF SECTION
1.13.025 TO REQUIRE CAMPAIGN DISCLOSURE OF CONTRIBUTIONS OF $25.00 OR MORE.
ORDINANCES FOR ADOPTION:
(28) 16. AB #8183 - AMENI=EaENTS TO CHAPTER 2.26 PERTAINING
TO THE DESIGJY REVIN BOARD.
Council adopted the following Ordinance:
ORDINANCE NO. 1280, Z4MENDING TITLE 2, CHAPTER 2.26 OF
THE CARLSW MUNICIPAL CODE By ?HE AMEX3" OF SECTION
2.26.030 AND THE ADDITION OF SECTION 2.36.035
AUTHORIZING ?HE DESIGN EEVIEM BOARD '10 SEZ ITS MEETING
TIMES AND ESTABLISH PIQCEDURAL RULES.
PUBLIC HEARING:
17. AB a8180 - Supplement #I - STREFT LIGEITING (64) DISTRICT NO. 1.
Allen Ludwig, Utilities/l4aintenance, presented the
Engineer's Report on this item.
Mayor Casler opened the public hearing at 6:17 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public hearing was closed.
Council adopted the following Resolution:
RESOLUTION NO. 8049, CONFIRMING A DIAGRAM AND
ASSESSMEXI? AND PROVIDING EOR ANNUAL XSESSm LEVY.
Mayer Casler announced Item #22 would be taken out of order and considered at this time.
Finance
(77) 22. AB #8201 - INTEm ORDINAMCE - BEACH AREA.
Charles Grim, Principal Planner, gave the staff report
using a tansparency to show the three alternatives as
suggested by staff and summarizing them as follows:
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Alternative #1. This would be Ordinance No. 9761 as
contained in the packet, halting all discretionary
permits and allowing no new applications.
Alternative #2. This muld be a compromise which
would be the same as Alternative #1, but wuld also
limit building permits to two units per lot while the ordinance was in effect.
Alternative #3. This would be the mst restrictive and
would halt building permits for anything over two units
per lot, even if discretionary approval had been given.
No huildiing permits could be pulled.
Mr. Grim mentioned 68 units already approved, but lacking building permits, If Alternative #3 were adopted, those projects would be frozen.
Mr. Grim used a transparency to show the area identified as a traffic study area; and another
transparency showing the area identified as a planning
study area.
Marty Bournan, Traffic Consultant, answered questions
regarding the capacity of Carlsbad Boulevard and stated
staff was concerned about the arterial streets, especially north of Tamarack. South of Tamarack there could be a problem with the local streets. Mr. Bouman added that the Engineering Department does check out traffic impact on each project submitted to the City.
Janice Selby, 318 Juniper, gave a brief slide
presentation showing the beach area, with bth good projects and bad projects being shown, and stating her
approval of the propsed ordinance.
Ann Mauch, Beach Residents for the Neighborhood, spoke in favor of the ordinance, stating the beach area is a
small area cut off from town except by Elm Avenue and Tamarack Avenue. She asked for the plicies of the City to be followed and action to be taken to slow
development.
Salvadore Roti, 3525 Garfield Street, spoke in favor of
the ordinance.
Charles B. Ledgerwood, 3862 Carlsbad Boulevard, former
Mayor of Carlsbad, expressed concern about building occurring in the beach area.
Mario R. pllonroy , 36 10 Carlsbad Boulevard, spoke in
favor of a mratorium and suggested an architectural committee to allow citizen input. He stated there is a
street-cleaning problem in the beach area, since 24-
hour parking is allowed, Mr. Monroy also stated there
is an apartment complex in the beach area charging
extra for carport parking, which encourages residents
to park on the street.
Margaret Elonas, 231 Olive Avenue, spoke in favor of the proposed studies.
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Roy Sanchez, 3482 Roosevelt, spoke in favor of special treatment for the beach area and a two-unit limit until
such time as studies were corrpleted.
Thomas William Smith, 2303 Ocean Street, #lo, spoke in favor of an ordinance with a two-unit limit.
Michael Straub, 3360 Monroe, spoke in opposition to the proposed ordinance, stating there are problems, but they are caused by beach users.
Mr. Roger Peterson, 180 Cherry, spoke in -sition to the ordinance, statinu the proposed ordinance is an
over-reaction and that beach residents accept higher density and parking problems as a way of life which is unavoidable in beach neighborhoods.
Robert €3. Rabcock, 723 Balboa, Laguna Beach, owner of a lot on Carlsbad Boulevard, stated the new construction is mt causing the parking problem in the beach area.
The older units with no offstreet parking are causing
the problem.
William M. Booth, 2109 Winchester, Oceanside,
Architect, spoke against a mratorim. and asked Council to be fair to the individuals with projects in process.
Larry Woody, 15848 Clarendon, representing Inmme
Property Association, one of the 68 projects through preliminary planning and ready €or permits, spoke against the ordinance, stating there are growth problems
in Carlsbad, but a mratorium would not solve the
problem. He asked to be allowed to mnplete their project by the rules as established.
Jack Hall, 2619 Cove Street, Civil Engineer and mer of property on Chinquapin, asked Council to amsider
Alternate #2, if they felt an ordinance necessary at
this time.
Bebe Grosse, 5850 Sunny Creek Road, concurred with the speakers -sed to the ordinance and asked for fairness. She felt the problems in the beach area could be addressed by other means without a mratorium.
Marlene Johansing, 12992 Camino del Canto, Del Mar, ,representing six property owners, spoke against the
ordinance.
R. Thomas Hood, 2850 Pi0 Pico, Suite H, representing
Haman-McKeehan Development, 3655 Garfield, spoke against a mratorim.
Teresa W. McTighe, 6336 Greenwich Drive, Ste. F, San
Diego, representing the Construction Industry
Federation, spoke against the ordinance, stating there is an apparent need for special study and treatment of
the beach area. She felt all property owners should
have an opportunity for input and a mratorium should
be instituted only if there is an inanediate threat to health and welfare. Ms. Mc?r.ighe stated that there
should be studies to find the extent of the problems
and no action should be taken until those studies are
completed.
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Mark Biller, 146 Juniper Street, representing his parents, Pat SI Laduska Biller, mers of lots in the
beach area, spoke in opposition to any hanges in the density just to satisfy special interest groups. He felt the new construction has upgraded the entire area.
Wayne McCabe, 1945 W. Vista Way, Vista, spoke for his
brother and himself, as Owners of a lot on Oak Street.
He said they want to build four units on the property, although it is zoned for six units. All requirements of the City have been met and Mr. McCabe asked for the projects in progress to be allowed to proceed.
Joe Sandy, 2956 Roosevelt, spoke about his single-
family development on Chinquapin and Carlsbad
Boulevard, and asked whether this project would be
frozen with a mratorium. Staff answered that type of project would be exempted.
Mayor Casler stated that twenty-one people had testified, thirteen in opposition and eight in favor of
the ordinance.
Council Member Lewis stated he wanted what was best for Carlsbad in the long run, but the property owners deserved consideration, with fairness as the key issue. The circulation and density in the beach area must be studied, but projects in the pipeline should be allowed
to proceed. He stated he favored Alternative #2.
Council Member Rulchin stated business as usual and studies cannot be done at the same time. She supported
studies and Alternative #2.
Council Member Pettine felt studies were needed and an
architectural review cormnittee. He said he did not generally support mratoriums, but preferred a series
of guidelines and standards to proceed by an orderly basis. He favored Alternative #2, with an additional additional look and curtailment of any projects causing
any furtherance of the existing problems.
Marty Orenyak, Director of Building and Planning, clarified the 68 units with discretionary approvals, stating there are an additional 20 units in the pipeline.
Mayor Casler stated she was not in favor of a moratorium at all. She stated the Land Use Cormittee
had recorranended reducing the 10 to 20 density range in
the beach area to a range of 15 to 23, and that muld
be adopted.
Council directed staff to set to hearing before the
Planning Comission, actions to reduce the building
height in the beach area to two stories; change the parking requirements to bring them up to amdominim requirements and change the 20 to 30 unit density range to a range of 15 to 23 units.
RECESS:
Mayor Casler declared a recess at 8:34 p.m., and
Council re-convened at 8:47 p.m. with all Members
I present .
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Council authorized the City Manager to hire a
Chick Road. Kulchin 5 to the Pacific Ocean, Buena Vista Lagoon to Cannon Lewis consultant to conduct a traffic study in the area of I-
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HOUSING AND REDEllELopmENT coMI\IISSION:
The Housing and Redevelopment Conmission meeting was
continued for two weeks.
DEPAF3MENTAL AND CITY MANAGER REPORTS:
Finance
18. AB #8188 - Supplement #1 - 1985-86 OPERATING AND (*’) CAPITAL BUDGET.
This item was held to the end of the meeting.
Redevelopment
(106) 19. AI3 #8197 - DETEFMINATION OF NECESSITY ‘IQ FDF?M
UNDERGKXJND UTILITY DISTRICT NO. 9, ALLEX EAST OF
RAILROAD FM EM AVENUE Nom TO CHRISTIANSEN WAY AND
SETTING A PUBLIC HEARING.
Chris Salomone, Comunity Redevelopment Manager, gave the staff report as mntained in the Agenda Bill.
Council adopted the following Resolution: Casler X
Lewis X
RESOLUTION No. 8050, EXPR?3SSING ITS INTENT ‘IQ INITIATE Kulchin xx
PROCEEDINGS PURSUANT ‘Io CHAPTER 1 1.08 OF THE CARLSBAD
X Pettine MUNICIPAL CODE AND CALLING A PUBLIC HEARING ?o DE;TERMINE
X Chick
WHETHER THE PUBLIC €3l%LTH, SAFETY OR WELFARE EQUIRE THE
FORMATION OF AN UNDERGROUND UTILITY DISTRICll IN ‘IHE
ALLEY EAST OF THE RAILROAD FROM ELM AVENUE N3KlY-l ?o
CHRISTANSEN my.
Parks and Recreation
(70) 20. AB #8198 - PURCHASE OF AGUA HEDIONDA LAGOON.
Dave Bradstreet, Director of Parks and Recreation, gave
the staff report on this item as contained in the
Agenda Bi 11.
Shirley Dahlguist, Parks and Recreation Commissioner,
spoke in favor of this recomndation.
Marge Hmard-Jones, 3985 Park Drive, spoke in favor of this recomndation, stating this would be for the good of Carlsfmd.
Council referred this item to the City Manager with Cas ler xx
direction to discuss this proposal with the State and Lewis X
with SX&E and to return with a report. Kulchin X Chick X
Pettine X
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Engineering
(70) 21 . AB #8200 - APPROVE DESIGN ALTERNATIVE AND
(45) (CON" NO. 3140).
APPROPRIATE FUNDS FOR HOLIDAY PARK IMP-S -
Richard Allen, Civil Engineer, gave the staff report as
contained in the Agenda Bill using transparencies to
show the three alternatives.
Mayor Casler asked for clarification of the paving
policy adjacent to parks, and expressed concern about the City paying all the msts.
Council adopted the following Resolution, including
Alternative #3:
RESOLUTION No. 8052, APPIioVING ALTERN&TIVE No. THREE
AND APPFOPFUATING ADDITIONAL FUNDS FOR THE HOLIDAY PARK
IMPFOVJDlENTS CDNTRACT N3. 3140.
Planning
22. AB #8201 - INTERIM ORDINANGE - BEACH AREA.
This item was taken up out of order earlier in the
meeting. (See Page 4 of the Minutes)
City Council
( 48) 23. MEMOFAKJDW FROM COUNCIL MEMBER PETTIME .REGARDING
CAMPAIGN FIJYANCE REFOM.
Robert Sonnebom, 3985 Stella Maris Lane, spoke in
opposition to the recommendations in the mmrandum.
Council Member Pettine mved adoption of a $250.00
limit on personal contributions. Motion failed due
to a lack of a majority.
Council Member Pettine mved adoption of a
provision whereby excess campaign funds are either returned to the donor or donated to charity. Motion
died due to lack of a second.
(70) 24. MEMORANDUM FRaal COWCIL "E3ER LEMIS ReGARDING AGUA
HEDIONDA LAGOON DREDGING.
Council agreed the City Manager would investigate this with the previous item (20) referred for a report.
( 55 1 25 I"ORANDUM FW=M COUNCIL MEMBER CHICK ReGARDING CURRENT TRASH COIUCTION PROCEDURES.
Council Member Chi& asked for this item to appear cn
the Agenda in response to concerns regarding rates for
mbi lehome parks.
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Patrick Lmy, 2607 Pirineos Way, Pacific Disposal,
Inc., San Dieguito, proposed the City wuld benefit
from the competitive market with better service at a
lower price. He stated if the City had just one collector curbside, that should be competitive. me
City could still maintain control and set the
standards .
George Bagdasarian, 9640 Alta Drive, La Mesa, President of San Diego Refuse Company and Pacific Disposal, answered questions of Council regarding the number of units served by his mmpany.
Bill Dominguez, 4378 Adams, stated the City has not
gone out to bid on this contract in over ten years and he felt this should be done. He suggested a comittee
be selected to see what is available.
Edward Boersma, 9560 El Camino Real, representing Coast
Waste Management, showed a three minute segment of a recent Channel 8 news story showing Coast Waste Management on routine garbage pickup. He felt they had done an outstanding job for the City and the City could
regulate what they do; audit books and set rates.
Council Member Chick said this was not an issue of service, but difference in rates. Also, mbilehome
rates in the County should be studied.
Council referred this ratter to the City Manager to set up a conanittee to review the charges on trash
collection, with Council to appoint two members of the
committee.
Finance
(29) 18. AB #8188 - Supplement #1 - 1985-86 OPERATING AND
CAPITAL BUDGET.
Jim Elliott, Director of Finance, gave the staff report stating he muld meet with individual Council Members tr go through their questions, if preferable.
The City Manager reprted on the proposal to mve the cornunity development group comprised of ~e Building, Planning and Engineering Departments, outside City Hall and set q an enterprise fund so the developer fees would pay for the service.
Mayor Casler stated she did not want the departments scattered. She wuld approve a five-year period and
making the conanunity developwnt group a self-
sufficient program.
Council Member Chick stated he had misgivings about the
move, as the public might think City Hall was mving. He questioned the proposed use of the area to be vacated by those departments as well as the area which
would be vacated by the Police Department. He expressed. concern about the effect of reduced development activity on an enterprise fund operation.
Council Members Pettine and Lewis requested additional
information.
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Council Member Kulchin mved to relocate the Planning, Cas ler E Building and Engineering Departments and create a
Chick failed due to lack of a majority. XF Kulchin user fee enterprise to finance the services. Motion Lewis
Pettine
Jim Elliott stated there was no action needed toniqht on the budget. He gave two handouts to the Councii regarding expenditures for travel and the Social
Service Group requests.
Mayor Casler read the names of the Ad Hoc Committee
Members.
Council suggested to review the Social Service Budqet Cas ler X requests, and Council established the Conunittee. Lewis xx
Kulchin X
Chick X
Pettine X
CLOSED SESSION:
(41) The City Attorney advised that Council hold a Closed
Session regarding pending litigation pursuant to Government Code Section 54956,9(c) to discuss litigation the City has decided or is deciding whether to initiate.
Also a Closed Session to instruct Marty Orenyak, City Negotiator, in connection with property located east
of Roosevelt, Elm and Grand, and to instruct Mr. Orenyak regarding negotiations with David Thompson regarding
this property.
Council went into Closed Session at 10:26 p.m. Council Casler xx re-amvened at 10:48 p.m., with all Members present, Lewis X having instructed the City Negotiator with regard to Kulchin X acquiring the property east of Roosevelt, Elm and Grand. Chick X
Pettine X
ADJOURNMW:
By proper mtion, the meeting of June 4, 1985, was adjourned at 10:49 p.m. to Tuesday, June 11, 1985, 5:OO p.m., in the Council chambers.
Respectfully submitted,
d
L. RAuTEmmANz
City Clerk
Harriett Babbitt Minutes Clerk
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