HomeMy WebLinkAbout2003-12-09; City Council; Minutes (2)MINUTES
MEETING OF:
DATE OF MEETING: DECEMBER 9,2003
TIME OF MEETING: 4:30 p.m.
PLACE OF MEETING:
CITY COUNCIL (Special Meeting)
City Council Chambers
CALL TO ORDER: Mayor Lewis called the Special Meeting to order at 4:30 p.m.
ROLL CALL was taken by the Deputy City Clerk, as follows:
Present:
Absent : None.
Lewis, Finnila, Kulchin, Hall and Packard:
PUBLIC COMMENT: None.
CLOSED SESSION:
Council recessed into Closed Session at 4:30 p.m. to consider the following:
1. GOVERNMENT CODE SECTION 54957(b) - To consider whether or not
to adopt the proposed decision of ALJ Adler, dated November 18, 2003, in
regard to City of Carlsbad/Claim for Industrial Disabilitv Retirement of
Sheldon Lewis, OAH File No. L-2003050631.
2. GOVERNMENT CODE SECTION 54956.9(a) - To discuss pending litigation of
AT&T Wireless Service v. Citv of Carlsbad, Case No. 01 CV 2045 JM (JFS).
Council reconvened at 555 p.m. with all members present.
ACTION ON CLOSED SESSION ITEM NO. 1
Mayor Lewis announced that Council considered the proposed decision dated
November 18, 2003, from the Office of Administrative Hearings, ALJ Adler in the matter
of the claim for industrial disability retirement of Sheldon Lewis. Mayor Lewis said that
after careful review and deliberation, the Council unanimously voted to adopt the
proposed decision.
ACTION ON CLOSED SESSION ITEM NO. 2
Mayor Lewis announced that Council discussed AT&T Wireless Service v. Citv of
Carlsbad, which resulted in a court judgment ordering the Council to set aside its denial
of the Conditional Use Permit for facilities located at 7512 Cadencia Street. Mayor
Lewis said that by a 3/2 vote (Mayor Lewis and Mayor Pro Tem Finnila voting NO),
Council authorized the City Attorney to seek a stay and appellate review of that decision
from the U.S. Ninth Circuit Court of Appeals.
December 9,2003 CARLSBAD CITY COUNCIL MEETING Page 2
ADJOURNMENT.
By proper motion, the Special Meeting of December 9, 2003 was adjourned at 555
p.m.
ANI ICE BREITENFEL~, CMC
Deputy City Clerk