HomeMy WebLinkAbout1986-03-25; City Council; Minutes- -
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Meeting of: CITY COUNCIL (Regular Meeting)
Time of Meeting: 6:OO p.m. Date of Meeting: March 25, 1986
Place of Meeting: City Council Chambers
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CALL TO ORDER:
Mayor Casler called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present - Council Members Casler, Kulchin, Chick
and Pettine.
Council Member Lewis arrived at 6:32 p.m.
Absent - None.
CONSENT CALENDAR:
Council Members Chick and Pettine requested Item No.
4 be withdrawn from the Consent Calendar.
Council affirmed the action of the Consent Calendar,
with the exception of Item No. 4, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
1. AB 88523 - Supplement fl - CONTRACT FOR 1985-86
STREET OVERLAY PROGRAM.
Council adopted RESOLUTION NO. 8446, accepting a
bid and authorizing the execution of Contract U/M-
9 for the 1985-86 Street Overlay Program.
2. AB #8119 - Suoolement #21 - AMENDING HVAC AND ELECTRICAL CON~RACTS FOR THE SAFETY AND SERVICE
CENTER.
Council adopted RESOLUTION NO. 8447, approving an
amendment to Contract Nos. 3006-3D and 3006-3E for
the Carlsbad Safety and Service Center.
3. AB 118556 - ACCEPTANCE OF PUBLIC IMPROVEMENTS -
SEAPOINTE TECH CENTER - PD-215.
Council accepted the improvements, and authorized
the City Clerk to record the notice of completion and release bonds appropriately.
ITEM REMOVED FROM THE CONSENT CALENDAR:
4. AB 88557 - FINAL MAP - CARLSBAD TRACT 84-42.
Dave Hauser, Engineering Department, gave the staff
report on this item, as contained in the Agenda Bill.
Council Member Chick stated he was concerned about the
number of homes on the cul-de-sac which may create a
parking problem and traffic congestion.
Mike Holzmiller, Planning Director, stated there had been no request to change the land use on this project and it was in conformance with the General Plan.
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March 25, 1986 Page 2
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ITEM REMOVED FROM CONSENT CALENDAR: (continued)
Mr. Hauser explained that there is sufficient parking
for the two panhandle lots, but the City has no
control over the residential lots.
Council adopted the following Resolutions: (one
motion)
RESOLUTION NO. 8447, ACCEPTING A GRANT DEED FOR A
PUBLIC UTILITY EASEMENT AD3ACENT TO A PORTION OF SYME
DRIVE.
RESOLUTION NO. 8448, AUTHORIZING THE MAYOR TO EXECUTE
A REIMBURSEMENT AGREEMENT FOR PUBLIC IMPROVEMENTS FOR A PORTION OF TAMARACK AVENUE.
PUBLIC HEARING:
City Manager Frank Aleshire stated they are
negotiating with the property owners on the Palomar Airport Road Assessment District. They have not yet
completed those negotiations and he would ask that
Item No. 6 be continued to April 22, 1986.
Council continued Item No. 6, Palomar Airport Road
West Assessment District, to April 22, 1986.
Mayor Casler stated she would like to trail Item No.
7 until later in the Meeting.
(108) 5. AB #8558 - APPEAL OF VARIANCE DENIAL - AV 85-8 -
BEILBEY.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill, using a
transparency to show the site.
Mayor Casler announced she had received two telephone calls today in opposition to this variance.
Mayor Casler opened the Public Hearing at 6:21 p.m.,
and issued the invitation to speak.
Ethel Lord, 252 3uniper Avenue, Unit €3-1, urged
Council not approve this variance for the fence. She
stated there were four units facing 3uniper Avenue and
Mrs. Beilbey's property is one of those lots. Her lot
is another of the four. Mrs. Lord stated there were
other ways to gain privacy rather than having a 6-foot
fence which is unattractive. This also is in
violation of the CCR's for the complex.
3ohn Loy, attorney, representing the applicant, stated
this fence was built in 1975. Mrs. Beilbey applied to
the Board of Governors of the Association for an
approval. At the time the Lords moved into the complex, they sued the association to enforce the
CCR's regarding fences. The application for a
variance was then made for a fence that had been in
existence since 1975. Mr. Loy presented photographs
to the Council to indicate the fence in question.
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March 25, 1986 Page 3
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PUBLIC HEARING: (continued)
Mr. Loy stated Mrs. Beilbey had been recently mugged
and was concerned about her personal safety as well as
the privacy provided by the fence.
David Livix, 2340 Caringa Way, stated 11 out of 16
units have fences around their patios. He felt this added to the flavor of the privacy.
Mr. Livix stated the financial status of the
Condominium Association does not allow for landscaping
to provide privacy.
Council Member Lewis arrived at 6:32 p.m.
Marsha Malone, 252 Juniper Avenue, Unit A-4, stated
she had lived there nine years and feels Mrs. Beilbey
should be able to keep the fence around her patio.
She added Mrs. Beilbey had been mugged and would not
want to keep her condominium if she had to remove the
fence.
Robert Nicklen, owner of a unit in the second
building, stated he has a fence and supported the
request for the variance.
D. Fanelli spoke in opposition to the request for the variance, stating this was a common area and the
fences are unattractive.
Since no one else wished to speak on this item, the Public Hearing was closed at 6:38 p.m.
Mike Holzmiller, Planning Director, stated the
building permit records have been reviewed by staff,
and none of the fences in that area had permits. The enforcement of building permits is by complaint only,
and unless complaints would be received on the other
fences in the area, no action would be taken.
Council Member Kulchin stated she could not approve
the variance, and made a motion to have the City
Attorney prepare documents denying the Administrative Variance 85-8. Motion died for lack of a second.
Council directed the City Attorney's office to prepare
documents granting the appeal and approving
Administrative Variance 85-8.
(26) 6. AB #8495 - Supplement 1.2 - PALOMAR AIRPORT ROAD
ASSESSMENT DISTRICT.
This item was continued to the Meeting of April 22,
1986.
(26) 7. AB 1'18249 - Supplement i.4 - COLLEGE BOULEVARD
ASSESSMENT DISTRICT.
This item was trailed until later in the Meeting.
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March 25, 1986 Page 4
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment
Commission at 6:48 p.m., and reconvened at 7:04 p.m.,
with all Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
(26) 8. AB f7612 - Supplement 111 - CYNTHIA LANE ASSESSMENT
DISTRICT 86-3.
Gene Donovan, City Engineer, gave the report
consisting of a general presentation of extent of
works of improvement as proposed for construction,
and a proposed boundary map showing parcels proposed
to be assessed.
F. MacMenzie Brown continued the report. He explained
the three resolutions to be passed and the actions to be initiated by those Resolutions.
Assistant City Attorney called attention to Resolution
No. 8459, stating Line 20, Section 2, should read:
the City Engineer is hereby appointed to perform all of the duties and functions of the Superintendent of
Streets for the above referenced assessment district.
Council adopted the following Resolutions:
RESOLUTION NO. 8458, ADOPTING A MAP SHOWING THE
GENERAL NATURE AND LOCATION OF CERTAIN PUBLIC WORKS OF
IMPROVEMENTS AND SHOWING THE PROPOSED BOUNDARIES OF
THE ASSESSMENT DISTRICT TO BE ASSESSED FOR SAID
IMPROVEMENT.
RESOLUTION NO. 8459. MAKING APPOTNTMFNTS TN A SPFCTAI
DISTRICT, as amended.
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ASSESSMENT
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RESOLUTION NO. 8460, ORDERING THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS WITHIN A BLOCK, AND
INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE
NOTICE AND ORDER THE CONSTRUCTION OF SAID
IMPROVEMENT.
Mayor Casler stated one letter had been received in
opposition to the assessment district and would be
heard at a Public Hearing on April 22, 1986.
(26) 9. AB 88326 - Supplement #I - PARK DRIVE ASSESSMENT DISTRICT 86-4. ~~.
The City Engineer, Gene Donovan gave a report on the
extent of works of improvements as proposed to be
constructed, and the boundary map showing parcels
proposed to be assessed.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
F. MacKenzie Brown stated this was the same as the prior item, and Resolution No. 8462 should be changed on the first page on Line 20 to read: City Engineer.
Council adopted the following Resolutions:
RESOLUTION NO. 8461, ADOPTING A MAP SHOWING THE Casler x GENERAL NATURE AND LOCATION OF CERTAIN WORKS OF Lewis xx IMPROVEMENT AND SHOWING THE PROPOSED BOUNDARIES OF THE Kulchin
1 Pettine IMPROVEMENT. x Chick ASSESSMENT DISTRICT TO BE ASSESSED FOR SAID 1
RESOLUTION NO. 8462, MAKING APPOINTMENTS IN A SPECIAL Casler X ASSESSMENT DISTRICT, as amended. Lewis xx
Kulchin X
Chick X
Pettine X
RESOLUTION NO. 8463, ORDERING THE INSTALLATION OF Casler X CERTAIN PUBLIC IMPROVEMENTS WITHIN A BLOCK, AND Lewis xx INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE Kulchin X NOTICE AND ORDER THE CONSTRUCTION OF SAID Chick X IMPROVEMENT. Pettine X
(26) IO. AB f8559 - CANNON ROAD ASSESSMENT DISTRICT.
This item was delayed until later in the Meeting.
(79) 11. AB 87099 - Supplement 85 - PUBLIC FACILITIES
FEE. -
City Manager Frank Aleshire gave the report on this item as contained in the Agenda Bill. He requested
Council review the list of Public Facilities Fee
Projects and either approve it as submitted, delete or
add projects. After that has been done, the amount of
the fee can be calculated and be brought back to
Council for adoption of a new fee schedule. If the
proposed list of projects is adopted, the Public
Facilities Fee would be increased from 2% to 2.5% of
permit valuation, rather than the 2.8% stated in the
Agenda Bill.
A transparency was used to show the same information as contained in the packet. Wall charts were used to
indicate traffic signals and street arterials to be
funded by Public Facilities Fees.
Bill Schainker, representing Kelly Ranch, spoke in
favor of keeping the Cannon Road item in the list of
projects to be funded by the PFF.
Doug Avis, 11300 Sorrento Valley Road, represent Bieri-Avis, spoke in support of the Cannon Road item
staying in the Public Facilities Fee list of
projects.
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March 25, 1986 Page 6
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Kim Kilkenny, 6336 Grenwich Drive, San Diego,
representing the Construction Industry Federation,
stated new development should pay its way, but he did
have some concern about the use of revenues for
general purpose facilities. He gave as an example the
Safety Center, the new City Hall and the Senior
Center. He felt those facilities would more
appropriately be funded from other revenue sources.
Mr. Kilkenny felt the facilities should be supplied in
a timely manner and the appropriate use of Public
Facilities Fees would insure the providing of those
facilities.
Mr. Kilkenny felt it would be improper to impose
higher fees on projects with building permits. He asked Council to exempt projects that were at the
building permit stage from increased Public Facilities
Fees.
Allard Jansen, 1060 8th Avenue, representing Income
Property Group, asked to go on record noting they had
been required to sign a document to pay increased fees and they were basically opposed to that. Any
additional fees would create a hardship. Mr. 3ansen
concluded stating they had signed this agreement under
protest.
A. 3. Skotnicki, 3535 Bedford Circle, stated he did
not oppose the fee, but opposed the fact that it is
being used to induce growth. In particular, the
Cannon Road street improvement will induce growth. He also expressed concern about the inclusion of the
Senior Citizen Center under parks. He felt this
belonged in General Purpose Government and should be
placed on the ballot.
Mr. Skotnicki, in answer to Council query, stated he
had some concerns about College Boulevard, Faraday
Road and Palomar Airport Road, particularly east of El
Camino Real.
Mayor Casler inquired of Council Member Lewis
regarding the priority given to Cannon Road by the
Circulation Committee. Council Member Lewis stated
this was a needed connection and was a high priority,
particularly from El Camino Real to 1-5.
Council Member Lewis expressed concern about the Cannon Road improvement, stating if the initiative
passed this fall, this would make a difference in the
Growth Nanagement Program. At that point, Cannon Road
could be premature. He felt until it is determined
what will happen in November, the Cannon Road project
should not be included.
City Manager Frank Aleshire explained the $3 million
was the cost of the road through the Ecke Property. He added the La Costa improvement would be
approximately $8 million, and that would be in the
proposed Bridge and Thoroughfare District. If that
District fails, however, another consideration would
be to put the La Costa Avenue improvement into the PFF
Fund.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
Council Member Chick stated he considered the Senior
Citizen Center similiar to a community center and felt
it was properly placed under the Parks Division.
City Manager Frank Aleshire stated Council was not to
prioritize any items at this time. They were just
making a list of the things that needed to be built between now and build out of the City. The prioritizing would be done at another time.
In discussing the City's participation in the Cannon
Road Assessment District, City Manager Frank Aleshire
stated the City decided in 1982 to participate in this
Assessment District. The Ecke and San Diego Gas and Electric properties have agreed if they do develop at
anytime in the future, they would reimburse the City
for the cost of Cannon Road through that property.
The money would then be returned to the Public
Facilities Fee Fund.
Mayor Casler stated the reason Cannon Road was a
priority item was the need for another through connection. Tamarack Avenue and Elm Avenue were not capable of handling the traffic and there was a need
for another east-west arterial.
Council Member Pettine inquired about the Leucadia
connection. The City Manager stated this would be El
Camino west to 1-5 and connect with the existing
Leucadia. There will be a traffic consultant report
in April. However, this portion of road is all
outside Carlsbad City limits. It would benefit the
County more than the City, and if this were included, it would be a departure from previous Council policy. Mr. Aleshire concluded, stating the four projects
listed as possibilities to consider adding to the list
were all premature at this time.
Council Member Lewis stated he disagreed with Cannon
Road being included as he felt this would induce
unnecessary growth. Also, he did not approve the
improvement of Faraday Avenue and Council Member
Pettine concurred with Council Member Lewis.
Council approved the list of Public Facilities Fee
projects as presented, with the exception of the four projects listed as projects to consider adding
to the list.
Council directed the City Attorney to prepare documents raising the Public Facilities Fees from 2% to 2.5% of permit valuation.
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CLOSED SESSION:
Mayor Casler announced the Council would adjourn to a
Closed Session at 8:15 p.m., to meet with the
negotiator and the City Attorney.
Council adjourned the Closed Session at 8:29 p.m.
RECESS :
Council adjourned to a Recess at 8:29 p.m., and reconvened at 8:35 p.m., with all Members present.
(41) Mayor Casler announced a Closed Session had been held
to discuss meet and confer and employee relations, with no action taken.
PUBLIC HEARING:
(26) 7. AB #a249 - Supplement 114 - COLLEGE BOULEVARD
ASSESSMENT DISTRICT.
City Engineer Gene Donovan gave the staff report as
contained in the Agenda Bill. He noted staff's report
should be modified on page 2, second paragraph under:
Fiscal Impact. Two City expenditures occurred in this
project, as follows:
$281,720.00 for the effluent disposal line. $127,100.00 for traffic signal installations.
F. MacKenzie Brown stated this was the only public
hearing proposed for the formation of this District.
Council adopted a resolution at the last meeting
setting in motion the bidding. The construction bids have been received. As a result, all assessments will be reduced. Mr. Brown used a location map to show the
Assessment District and recited the procedure to be
followed,
Norm Neste gave the Engineer's report and the spread of assessments. Reference was made to the Hearing Booklet supplied to Council Members and corrections were made.
Mr. Neste stated Olson Construction would be awarded
the bid,
Mayor Casler opened the Public Hearing at 8:53 p.m.,
and issued the invitation to speak.
David Ferguson, General Partner, Palomar Land Group, asked to go on record as favoring the Assessment
District, but protesting the method of assessment with
regard to other similar parcels in the District. He
stated their assessment was more than 63% higher than
comparable landlocked parcels. With the reduction in
assessments, the revised figure of their assessment
was $15,183.
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PUBLIC HEARING: (continued)
Mr. Ferguson stated College Boulevard has limited
benefit to the Palomar Land Group, as they are
landlocked, and subject to access to College Boulevard
by the development of Community Resources Corporation.
They would have no requirement to improve College
Boulevard. He asked the Assessment Engineer to re-
evaluate their assessment.
Michael Dunagan, Koll Company, representing 61% of the
District, stated the Assessment District was an
acceptable solution. Koll Company supports the District.
games gohnson, Vice President, Huntington Beach Company, stated their full support for the District.
Mr. Neste commented on Mr. Ferguson's comments, stating he had contacted Palomar Land Group and they were comparing the unit assessment on their property
against the unit assessment on a portion of the Koll property that has all their improvements in place
except access. Additionally, a map has been recorded by Community Resources Corporation which gives access to the Palomar Land Group; therefore, they are not landlocked and have legal access to Palomar Airport
Road.
Mr. Neste concluded, stating he believed the assessment was fair and correct.
Since no one else wished to speak on this item, the
Public Hearing was closed at 9:18 p.m.
F. MacKenzie Brown referred to the Resolutions, and
suggested Council defer action on Resolution No. 8455
since there are still some matters to be resolved.
Council adopted the following Resolutions:
RESOLUTION NO. 8450, ORDERING CERTAIN CHANGES AND
MODIFICATIONS TO THE ENGINEER'S "REPORT'' IN A SPECIAL
ASSESSMENT DISTRICT.
RESOLUTION NO. 8451, OVERRULING AND DENYING PROTESTS
AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT.
RESOLUTION NO. 8452, APPROVING AND PROVIDING FOR
CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN AN
ASSESSMENT DISTRICT.
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March 25, 1986 Page 10
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PUBLIC HEARING: (continued)
RESOLUTION NO. 8453, CONFIRMING THE ASSESSMENT,
ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES , AND APPROVING THE ENGINEER 'S "REPORT".
RESOLUTION NO. 8454, AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915".
Resolution No. 8455 was deferred.
RESOLUTION NO. 8456, MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION
FUND.
RESOLUTION NO. 8457, APPROVING CONTRACTS FOR OWNERSHIP
OF IMPROVEMENTS.
DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(26) IO. AB {I8559 - CANNON ROAD ASSESSMENT DISTRICT.
Mayor Casler stated a request for continuance of this
item had been received from Bob Ladwig, representing Mrs. Robertson.
Bryan Robertson, 4660 El Camino Real, stated this was a complicated issue for them. They had over 400 acres
in this District and were not opposed to the District.
The road however, affects where he lives and he could see no benefit, except to Oceanside. He also stated
there was a problem with drainage, with 4,000 feet of
drainage improvements on their property, including a
siltation basin. He stated they were not interested
in development at this time and he could not see any
need for these improvements. The land is mostly
agricultural land and not under the Williamson Act.
Mr. Robertson stated they never signed any papers
agreeing to an Assessment District.
Council continued this item for three weeks.
Council Member Pettine stated a decision was needed to
give staff direction on the amount of City
contribution to the Cannon Road Assessment District.
Council Member Pettine made a motion to discuss
further the possibility of the City contributing to the Cannon Road Assessment District.
Motion failed due to a lack of majority.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(79) 11. AB 117099 - Supplement 116 - PUBLIC FACILITIES
FEE. -
This item was discussed previously (see page 5).
(28) 12. AB i118553 - CITIZENS COMMITTEE TO STUDY AND ASSESS
IMPACTS OF GROWTH IN CARLSBAD.
Mike Holzmiller, Planning Director, gave the staff
report on this item as contained in the Agenda Bill.
Nayor Casler announced Planning Commissioner Smith had
indicated he did not wish to be reappointed to the
Planning Commission. This would necessitate the
Planning Commission nominating another person for this Committee.
Council Members nominated the following persons:
Council Member Lewis nominated William Harkins. Council Member Mulchin nominated Mary Ann Izner.
Council Member Chick nominated Ruth Coyle.
Council Member Pettine nominated Robert Caggiano,
Mayor Casler nominated Claudia Stebelski.
Mayor Casler announced she felt the Committee should
draw lots to indicate the length of terms.
By consensus, Council adopted Resolution No. 8443,
appointing the above nominated citizens to the
Citizens Committee to study and assess impacts of
growth in Carlsbad.
(28) 13. AB f8554 - CARLSBAD ART COMMISSION APPOINTMENTS.
Mayor Casler stated she had spoken with the Arts
Coordinator, Connie Beardsley, and the consensus of
opinion was there should be a committee member from
each quadrant, business persons, artist-type persons
and representatives from the City schools. It was
felt that all fields should be represented and not
just the art field.
Mayor Casler listed the seven people to be appointed:
3oe Bear, Muriel Roston, Patra Straub, Thomas
Brierley, Ted Frye, Dona Meilach and Wayne Eischoff.
Council adopted the following Resolution:
RESOLUTION NO. 8444, APPOINTING 30E BEAR, MURIEL
ROSTON, PATRA STRAUB, THOMAS ERIERLEY, TED FRYE, DONA
MEILACH AND WAYNE BISCHOFF TO THE CARLSBAD ARTS
COMMISSION.
Mayor Casler recommended they choose their own terms by lot.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (continued)
(68) 14. AB 117376 - Supplement f5 - APPOINTMENTS TO BOARD
OF DIRECTORS - FOUNDATION FOR CARLSBAD COMMUNITY
CABLE TELEVISION.
Council adopted the following Resolution:
RESOLUTION NO. 8464, REAPPOINTING SHARON STRONG, JOHN
MAMAUX, AND BOB COLE TO THE FOUNDATION FOR CARLSBAD
COMMUNITY CABLE TELEVISION.
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(74) 15. CLOSED SESSION ON PERSONNEL MATTERS.
Mayor Casler announced this had already been held
earlier in this Meeting. (See Page 8)
OFF-AGENDA ITEM:
(113) Council Member Pettine referred to the Brehm property project, SDP 84-8(A), which was acted upon last week,
and stated he would like the matter placed on an Agenda for further discussion.
Assistant City Attorney stated the Council could
discuss this as an off-agenda item and could move to
rescind prior action. The motion to rescind would be
inorder and would not require unanimous vote.
Council Member Pettine made a motion to continue to
discuss this item as an off-aaenda item tonight and
Council Member Lewis seconded the motion.
Council Member Lewis concurred with Council Member
Pettine and stated he thought it was part of an
approved project and did not realize they were
approving a new project. He would like to have the subject calendared.
The motion was changed to direct staff to recalendar the item in two weeks.
AD30URNMENT:
By proper motion, the Meeting of March 25, 1986, was
adjourned at 9:43 p.m.
Respectfully submitted,
(jy$$LP A@-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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