1998-02-11 MINUTES OF ENCINITAS CITY COUNCIL REGULAR MEETING
FEBRUARY 11, 1998, 6:00 P.M., .505 SOUTH VULCAN AVENUE
CALL TO ORDER/ROLL CALl,
Mayor Aspell called the meeting to order at 6:00 P.M.
Present: Mayor Lou Aspell, Council Members James Bond, Sheila Cameron, John Davis,
and Chuck DuVivier.
Absent: None.
Also Assistant City Manager Benson, City Attomey Krauel, City Clerk Cervone,
Present: Community Development Director Holder, Public Works Director Nelson,
Community Services Director Wigginton, Engineering Services Director Amhibald,
City Planner Weedman, Investment Officer Lembach, Housing/Grants Analyst
Guimond, Management Analyst Orozco, and Deputy City Clerk Greene.
Them being a quorum present, the meeting was in order.
PLEDGE OF ALLEGIANCE
Chris Harless and Kevin Roberts, representing Weeblo Pack #774, Den #3, led those assembled in
the Pledge of Allegiance.
CLOSING AND ADOPTION OF THE CONSENT CAI iENDAR
Mayor Aspell announced that Item #8, listed on the Consent Calendar, would be continued to the
February 18, 1998, Council Meeting. She stated if there were speakers to Item #8. they could be
heard during Oral Communications.
Item #3 was removed from the Consent Calendar by a member of the public.
Davis moved, DuVivier seconded to close and adopt the amended Consent Calendar.
Before the vote was taken, Council Member Bond requested the staff recommendation for Item #4,
listed on the Consent Calendar, be changed to reflect the additional $112,270 be taken from Park
Development Fees and not the General Fund Reserve as stated in the recommendation.
Davis requested an amendment to his motion, and DuVivier agreed, to include Council
Member Bond's statement regarding the staff recommendation for Item #4. Amended
motion carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays: None.
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1. Approval of Minutes: 01/21/98 Regular Meeting, 01/28/98 Special Meeting, 01/28/9.q
Regular Meetim,. Contact Person: City Clerk Cervone_
STAFF RECOMMENDATION.: Approve Minutes.
2. Approval of 2/11/98 Warrants List. Contact Person: Financial Services Manage,
Suelter.
STAFF RECOMMENDATION: Approve Warrants List.
4. Acceptance of $50,000 Donation and Appropriation of $112,270 from the General
Fund Reserve to Develop a Portion of the Moonlight Beach Master Plan located south
of the westerly terminus of "C" Street. Contact Person: Community Serviccs
Director Wi_gginton.
STAFF RECOMMENDATION: Accept the $50,000 and appropriate an
additional $112,270 from the Park Development Fees G~m~a4~e~l~n~q~ to
develop a portion of Moonlight Beach.
5. Adoption of Resolution 98-10, Delegating authority to the City Manager, or CiB,
Manager's designee, to make safety employee disability retirement determination,:
under Government Code Section 21173 and to certify such determinations to thy
Public Employees' Retirement System. Contact Person: Personnel Officer Beckord.
STAFF RECOMMENDATION: Adopt Resolution 98-10 and Administrative
Manual Policy P042, Safety Disability Retirement/Reinstatement..
6. Award of a contract for installation of ornamental street lights in the Cardiff-by-the-
Sea commercial area included within the boundary of Underground Utility District
No. 3. Contact Person: Engineering Services Director Archibald.
STAFF RECOMMENDATION: Award the contract to Patterson Brothers
Lighting, Incorporated in the amount of $18,000.
7. Adoption of Resolution 98-12, Authorizing, an Agreement with the California Publi~-
Employees' Retirement System to Provide Eligible Members a Pre-Tax Payroll
Deduction Plan for Service Credit Purchases. Contact Person: Personnel Office,
Beckord.
STAFF RECOMMENDATION: Adopt Resolution 98-12.
8. Adoption of Resolution 98-14, AI}l~rovin~ an agreement with the Encinitas
Firefighters' Association in regard to implementation of Firefighter/Paramedie
services to the public and assistance to Firefighters in clualifvin~ for promotion
Firefighter/Paramedic. Contact Person: Personnel Officer Beckord.
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STAFF RECOMMENDATION: Adopt Resolution 98-14.
9. Approval of Canceling Council Meetings for March 4th and March llth due to
Council attending National League of Cities conference March 5th through March
10th. Contact Person: City Clerk Cervone.
STAFF RECOMMENDATION: Cancel March 4th and March llth Council
meetings.
Mayor Aspell announced that Item #13 would be continued to the February 25, 1998, Council
meeting as recommended by staff.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY THE PUBLIC
3. Adoption of Resolution 98-13, Authorizing the Submission to the County of San Diego
of a Notification of Intention (Chapter 8 Agreement) to Acquire Prior to Public Tax
Sale that Certain Real Property identified as APNs 258-140-30, 31, 32, and 54.
Contact Person: Financial Services Manager Sueiter.
Liz Zerbe removed this from the Consent Calendar and spoke in opposition to the staff
recommendation.
DuVivier moved, Aspell seconded to approve the staff recommendation to adopt Resolution
98-13 appropriating $265,000 for the purchase of tax-defaulted properties and authorize the
City Manager to take ali actions needed to acquire the properties. Motion carried. Ayes:
Aspell, Bond, Cameron, Davis, DuVivier; Nays: None.
ORAL COMMUNICATIONS
Eddi Smith requested that the Council consider placing speed humps between the 2400 - 2500
blocks on Manchester Avenue to San Elijo Avenue. Ms. Smith submitted a petition signed by
approximately 60 residents of Manchester Avenue in favor of speed humps.
Robert Nanninga requested the Council look into purchasing the property for sale located on the
northeast comer of La Costa Avenue and Coast Highway I 01, and he also requested the use of the
ESD site located at Vulcan Avenue and Encinitas Boulevard, be placed before the voters.
Bob Bonde addressed Item #8 that was continued to the February 18, 1998, Council meeting. Mr.
Bonde said it was difficult for him to understand the staffreport and he submitted his interpretation
of the issue to the Council and requested the Council confirm or reject his interpretation.
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REGULAR AGENDA
10. Appointment of members to the Parks and Recreation Commission, Plannim,
Commission, Senior Citizen Commission and Traffic Commission. Contact Perso~
City Clerk Cervone.
For the Parks and Recreation Commission, the following votes were cast:
Mayor Aspell voted for Steve Aceti, Anna Boylan, Robert Ctvrtlik, and Ails McCurdy. Council
Member Bond voted for Steve Aceti, Anna Boylan, Robert Ctvrtlik, and Alis McCurdy. Council
Member Cameron voted for Anna Boylan, Don Houston, Alis McCurdy, and Alan Ryan. Council
Member Davis voted for Steve Aceti, Anna Boylan, Robert Ctvrtlik. and Alis McCurdy. Deputy
Mayor DuVivier voted for Steve Aceti, Anna Boylan, Don Houston, and Alis McCurdy.
Steve Aceti, Anna Boylan, Robert Ctvrlik, and Aiis McCurdy were appointed to the Parks
and Recreation Commission.
For the Planning Commission representing the New Encinitas community area, the following votes
were cast:
Mayor Aspell voted for Lester Bagg, Council Member Bond voted for Lester Bagg, Council
Member Cameron voted for Murray Dunn, Council Member Davis voted for Lester Bagg, and
Deputy Mayor DuVivier voted for Lester Bagg.
Lester Bagg was appointed to the Planning Commission representing the New Encinitas
communi~ area.
For the Planning Commission representing the Leucadia community area, the following votes were
cast:
Mayor Aspell voted for Alice Jacobson, Council Member Bond voted for Alice Jacobson, Council
Member Cameron voted for Travis Straughan, Council Member Davis voted for Alice Jacobson,
and Deputy Mayor DuVivier voted for Alice Jacobson.
Alice Jacobson was appointed to the Planning Commission representing the Leucadia
community area.
For the Planning Commission representing the Olivenhain community area, the following votes
were cast:
Mayor Aspell voted for Anne Patton, Council Member Bond voted for Anne Patton, Council
Member Cameron voted for no one, Council Member Davis voted for Anne Patton, and Deputy
Mayor DuVivier voted for Anne Patton.
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Anne Patton was appointed to the Planning Commission representing the Olivenhain
community area.
For the Senior Citizen Commission, the following votes were cast:
Mayor Aspell, Council Member Bond, Council Member Cameron, Council Member Davis, and
Deputy Mayor DuVivier all voted for Margaret Black, Mac Harttey, Marie Mastro, and Betty
Springer.
Margaret Black, Mac Hartley, Marie Mastro, and Betty Springer were appointed to the
Senior Citizen Commission.
For the Traffic Commission representing the New Encinitas conununity area. the following votes
were cast:
Mayor Aspell voted for Harold Crosby, Council Member Bond voted for Harold Crosby, Council
Member Cameron voted for Donna Westbrook, Council Member Davis voted for Donna
Westbrook, and Deputy Mayor DuVivier voted for Harold Crosby.
Harold Crosby was appointed to the Traffic Commission representing the New Encinitas
community area.
For the Traffic Commission representing the Old Encinitas community arc& the following votes
were cast.
Mayor Aspell, Council Member Bond, Council Member Cameron, Council Member Davis, and
Deputy Mayor DuVivier, all voted for Arnold Lewin.
Arnold Lewin was appointed to the Traffic Commission, representing the Old Encinitas
community area.
11. Review of Quarterly Investment Report and discussion of investment portfolio and
results for the period ended December 31, 1997. Contact Person: Investment Office;'
Lembach.
Investment Officer Lembach reviewed the quarterly investment report and stated that investment
earnings continued to make an increasingly positive impact on the fund balances of all City and
District funds. Investment earnings for the first six months of FY 1997/98 totaled $1.98 million,
versus $1.67 million in the previous period, an increase of $310,000 or 18%.
Mr. Lembach stated the investment staff would be impacted in the next year. due to the increase in
portfolio size and the relatively low interest rate environment, which would approximately double
the number of transactions necessary to prudently manage the City's diversified portfolio.
Mr. Lembach stated this was an information item only, and no action was required.
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12. Discussion of potential development concepts for approximately 20 acres of land
located adiacent to the East side of Piraeus Street between Sparta Drive and Olympus
Street in Leucadia (APN 254-411-07, 254-411-03, 254-411-05~ 254-411-04 Fritz).
Contact Person: Communit~ Services Director Wioointon.
Community. Services Director Wigginton stated that on January 14, 1998, the Council directed staff
to place a $50,000 refundable deposit on the above named property. Shortly after that meeting, the
owner's agent advised staff that the $50,000 deposit would not be required and the City would need
to make a decision within thirty days as to their interest in purchasing the property.
Mr. Wigginton said the site consisted of four parcels comprising approximately twen~, acres.
Three of the four parcels may be developed for recreational use. The parcel contains a large
residence and a guest house but not practical for City use. Maintenance on both the home and
grounds adjacent to the structures would be very, costly.
Mr. Wigginton presented a "Conceptual Plan" that could be easily modified or changed and the
plan facilities included: Two baseball fields, picnic areas, tennis courts, playground, one soccer
field, and a low impact skate park.
Asking price for the entire property is $4.8 million. On-site development costs were projected at
approximately $1.7 million, area maintenance costs approximately $100,000 per year, and design
and permitting costs $100,000. The total project had been estimated at $6,600,000.
The staff recommendation was to determine whether to pursue acquisition of the property, and if
so, adjourn to closed session and provide instructions to the City's negotiator.
Council Member Cameron requested that copies of letters received by all Council Members from
Dennis Kaden and Russell E. Griffith, representing the Encinitas North Coast Chamber of
Commerce. relating the property discussed in Item # 12, be made a part of the record.
Bond moved to adjourn into Closed Session at the end of the meeting to give direction to the City's
negotiator relative to acquisition of the property.
It was decided to hear the speakers next.
David DeCosta, Mike Galey, Matthew DeLine, Maureen Gaare, and Karen Kaden spoke in
opposition to developing the area.
Mayor Aspell tabled Item # 12 to the end of the meeting.
13. Continuance to 2/25/98 of Administrative Hearing of an appeal of the Plannim,
Commission determination to require an Environmental Impact Report and related
issues in association with an application for a Coastal Development Permit for the
reinstallation of 6,500 ft. of railroad oassim, track at the site of the former railroad
siding and construction of 2,000 ft. of new passim, track with associated signal work
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CASE NUMBERS: 96-109 CDP, APPLICANT AND APPELLANT: San Diego
Northern Railwav/NCTD, LOCATION: A portion of the railroad right-of-way
between E Street and Chesterfield Avenue. Contact Person: City Planner Weedman.
Item #13 was continued to the February 25, 1998, Council meeting.
14. Public Hearing to consider housing and community development proposals for
Community Development Block Grant (CDBG) and HOME funding for the 1998/99
Annual Plan. Contact Person: Housing & Grants Analyst Guimond.
Housing and Grants Analyst Guimond stated the purpose of this meeting was to receive public
testimony from grant applicants and interested parties and to make funding decisions and determine
which projects should be included in the Proposed 1998/99 Annual Plan.
Ms. Guimond said for 1998/99, the U.S. Department of Housing and Urban Development had
allocated $582,000 of CDBG funding and $189,553 of HOME funding to Encinitas.
The staff recommendation was to receive public testimony, select projects for funding in the
1998/99 Annual Plan for submission to the U.S. Depamnent of Housing and Urban Development.
The following allocations for CDBG funding were recommended:
TYPE ORGANIZATION AMOUNT
Housing City of Enc. Comm. Dev. Dept. $328,000
Fraternity House 10,000
Public Impv. City of Enc. Eng. Dept. ADA Ramp 40,000
Administration City of Enc. Comm. Dev. Dept.
Admin & Overhead 92,400
City of Enc. Housing Authority
Administration & Overhead 19,000
Fair Housing Council of San Diego 5,000
Public Services City of Enc. Comm. Srvs. Dept.
Teen Scene After School 6,800
City of Enc. Comm. Srvs. Dept.
Seaside Daycamp 2,000
S.D. Alliance Drag Free Youth
Project YO 8,300
S.D. Boys & Girls Club
Outreach Program & Transportation 8,720
YMCA Oz North Coast
Runaway Prevention 5,180
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TYPE ORGANIZATION AMOUNT
City of Enc. Comm. Srvs. Dept
Project CARE 5,000
Family Srvs. Assn. Senior Center
Case Mgmt. & Transportation Srvs. 8,500
No. County Council of Aging
In-Home Support Srvs. 8,925
Sam & Rose Stein Adult Day Center
Alzheimer's Center 7,875
Meals on Wheels 7,875
Community Resource Center
Caseworker & Volunteer Coord. 10,250
Fratemity House, Inc.
AIDS Caregiving Program 7.875
TOTAL CDBG FUNDING $582,000
The following allocations for HOME funding were recommended:
TYPE ORGANIZATION AMOUNT
Comm. Dev. Dept. Housing Development $189.553
TOTAL HOME FUNDING $189,553
Joey Randall and Siena Randall requested fimding for Teen Scene After School. Sienna Randall
presented a video on behalf of Teen Scene, depicting what Teen Scene After School offered.
John Bumett, representing the North County Council on Aging, thanked the Council for their past
support and requested continued support.
Bill Finley, representing Meals on Wheels, requested continued funding for Meals on Wheels.
Richard Houk, representing the San Dieguito Boys & Girls Club, requested continued funding for
the Boys & Girls Club..
Dick Valdez, representing Fraternity House, Inc., thanked the Council for their past support and
requested funding for Fraternity House.
Jennifer Hemstead and Evelyn Weidner, representing the Community Resource Center, thanked the
Council for their past support, and requested the Council consider their request for funding.
Margaret Black and Mac Hartley requested the Council fund organizations that assist seniors.
Ana Palomo and Judy Strang, representing San Dieguito Alliance for Drug Free Youth, thanked the
Council for their support of Project YO, and requested their continued support.
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Elaina Weiss, representing the Sam & Rose Stein Adult Day Center, thanked the Council for their
support over the past several years and requested continued funding.
Bond moved, Davis seconded approval of all disbursements as recommended by staff.
Before the vote was taken, Mayor Aspell stated she would like the Community Services
Department of the City of Encinitas, not request CDBG funding. Mayor Aspetl said she did not
agree that the Community Services Department should compete for funding with non-profit
organizations in the community.
Council Member Cameron agreed with Mayor Aspell's statement and suggested the Community
Services Department receive their funding from the City's General Fund.
Motion carried. Ayes: Aspeil, Bond, Cameron, Davis, DuVivier; Nays: None.
Mayor Aspell declared a recess from 7:35 to 7:44 P.M.
15. Introduction of Ordinance 98-01 Establishing Speed Limits. Contact Person:
Eneineerint, Services Director Archibald.
Engineering Services Director Archibald presented a report that had been prepared to comply with
the provisions of Vehicle Code Section 40802.
The report described the results of radar speed measurements, accident history, and traffic and
roadway conditions for 36 street segments. The street segments represented only a portion of the
street segments in the City where speed surveys were required. The speed surveys would augment
the speed surveys adopted by the City Council in September, 1996.
Based on a comprehensive analysis of the data collected, the recommended speed limits were
consistent ~vith the San Diego North County Municipal Court requirement that speed limits
established by local ordinance be set at the first five mile per hour increment below the 85th
percentile speed.
The staff recommendation was to introduce Ordinance 98-01.
The City Clerk read the Ordinance by title.
DuVivier moved, Cameron seconded to waive further reading and to introduce Ordinance
98-01. Motion carried. Ayes: Aspell, Bond, Cameron, Davis, DuVivier; Nays: None.
16. Introduction of Ordinance 98-02 Adopting by Reference County Regulations Relatim,
to Gasoline Service Stations. Contact Person: City Attorney Krauel.
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City Attorney Krauel stated that the San Diego County Board of Supervisors had introduced an
ordinance that sought to regulate gasoline distribution and sales. Mr. Krauel said the purpose of the
County ordinance was to promote competition between motor fuel retailers and cause retail prices
of motor fuel in San Diego County to compare more favorably with prices charged to motor fuel
consumers in others parts of the state of California.
The staff recommendation was to introduce Ordinance 98-02 that contained a provision that
provided the City's ordinance would not take effect until the County's ordinance had been found by
a court of competent jurisdiction to be enforceable and before the City ordinance took effect, the
City should enter into negotiations with the County and other participating cities for an agreement
concerning the mutual/regional defense of the regulations.
Duane Bernard, Gene Dons, and Jim Dimoff spoke in support of the staff recommendation.
Tom Wright. an oil company employee, and Anita Mangels, representing Western States Petroleum
Association. spoke in opposition to the staffrecommendation.
The City Clerk read the Ordinance by title.
Davis moved, Bond seconded to waive further reading and introduce Ordinance 98-02 that
contained a provision stating the City's ordinance would not take effect until the County's
ordinance had been found by a court of competent jurisdiction to be enforceable and before
the City ordinance took effect, the City should enter into negotiations with the County. and
other participating cities for an agreement concerning the mutual/regional defense of the
regulations. Motion carried. Ayes: Aspeil, Bond, Cameron, Davis, DuVivier; Nays: None.
Mayor Aspell declared a recess from 9:00 to 9:05 P.M.
17. A. Review the Encinitas Ranch Community Facility District (CFD) Financial
Status and consideration of Caritas' request to approve Amendment #1 to the
CFD Acquisition A~reement. Contact Person: Assistant City Manager
Benson.
Assistant City Manager Benson stated the issue was whether an update to the Community Facility
District (CFD) financial status ~vas needed for Council to act upon the request for an amendment to
the Encinitas Ranch CFD Acquisition Agreement.
Mr. Benson said Phase I construction was nearing completion and most of the facilities were ready
for acceptance by the City. Carltas Company had submitted a request to amend the Acquisition
Agreement to reflect project adjustments made with City approval during the construction from the
original planned applicant cost amount of $33. million to the revised estimate of $40.7 million for
all phases of the project.
Mr. Benson stated the cost gro~vth in Phase I beyond the currently available bond financing was an
obligation of the developer. Based upon proposals made by the developer and approved by the
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City, certain public facilities were constructed in advance of the timing called for in the original
plan. While the public benefited and the overall project saved some costs, the earlier cashflow
burden falls upon the developer. All costs for staff support of the project were either funded
through the bond funds or performed on a deposit basis from developer funding.
Mr. Benson also reviewed the final draft of the First Supplement to the Acquisition Agreement and
Resolution 98-16 that would approve the Resolution.
The staff recommendation was to approve the request of Carltas Company for an Amended
Acquisition Agreement ~vith Exhibit B to the Development Agreement as revised and authorize the
City Manager t° execute any documents required by bond counsel to document this approval and to
adopt Resolution 98-16 approving the First Supplement to the Acquisition Agreement.
Bond moved, DuVivier seconded to approve the request of Carltas Company for an
Amended Acquisition Agreement with Exhibit B to the Development Agreement as revised
and authorize the City Manager to execute any documents required by bond counsel to
document this approval and to adopt Resolution 98-16 approving the First Supplement to the
Acquisition Agreement. Motion carried. Ayes: Aspell, Bond, Davis, DuVivier; Nays:
Cameron
Council Member Cameron stated her reasons for voting no on approval of the amended acquisition
agreement. She stated she thought the City had procedures, particularly in the acquisition
agreement, and had they been followed and followed properly, such as soil testing, etc., and had
been done prior to construction, the City would not have run into what they ran into, and the
Council wouldn't be here now having to use money that has not yet been basically appropriated for
this. She stated she felt uncomfortable approving the agreement, therefore, was voting no.
B. Acceptance of the Encinitas Ranch Community Facility District No. 1 Public
Improvements. Contact Person: Enl~ineerine Services Director Archibald
Assistant City Manager Benson said that in September, 1994, the Council authorized, via
Ordinance 94-19, the execution of a Development Agreement between the City of Encinitas and
Carltas Company for the development of the 853 acres identified in the Encinitas Ranch Specific
Plan.
Assistant City Manager Benson stated the public improvements had been completed to the
satisfaction of the Engineering Services Department regarding El Camino Real from Town Center
Drive to Gardenview, Gardenview from Via Cantebria to Leucadia Boulevard, Town Center from
El Camino Real to Via Cantebria, Leucadia Boulevard from El Camino Real to the wild animal
crossing and Via Cantebria from Town Center Drive to the southerly end of the project boundary.
The staff recommendation was to accept the public improvements of the Encicnitas Ranch CFD
and authorize the filing of the Notice of Completion.
Chris Calkins, representing Carltas Company, spoke in support of the staff recommendations.
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Council Member Cameron reconfirmed that the payback of all the bonds were totally the
responsibility of the developer and not the City.
Assistant City Manager Benson said no general fund money would be used for the Payback of the
bonds.
DuVivier moved, Davis seconded to accept the public improvements of the Encicnitas Ranch
CFD and authorize the filing of the Notice of Completion. Motion carried. Ayes: Aspell,
Bond, Davis, DuVivier; Nays: Cameron.
ITEMS REMOVED FROM THE CONSENT CAI,ENDAR BY COUNCIl,
None.
REQUESTS FOR FUTURE CONSIDERATION BY THE CITY COUNCIl,
None.
CITY COUNCIL/CITY MANAGER REPORT
None.
There was Council consensus to adjourn into Closed Session under G. C. Section 54956.8, to
discuss potential development concepts for approximately 20 acres of land located adjacent to the
East side of Piraeus Street between Sparta Drive and Olympus Street in Leucadia (APN 254411-
07, 254-411-03,254-411-05, 254-411-04 Fritz).
ADJOURNMENT
Council reconvened into open session at 10:25 P.M. with no reportable action from the closed
session meeting, and Mayor Aspell declared the meeting adjourned.
I~Pooral~/Cervone, City Clerk
By: Ka~thy Greene,
Deputy City Clerk
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