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The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None It was moved by Councilmember Mercer, and seconded by Councilmember Butler, that it be included in Resolution No. 79-40, that the City subsidize the fare box, which is 25% of the program operation, or approximately $5,500.00 for the year, and the Budget be amended accordingly. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None REVlE~ OF THREE YEAR CAPITAL I~ROVEMENT PROGRAM Mr. Brown presented his report dated March 21, 1979, regarding this matter. Mr. Campbell reviewed the capital improvements for each division of the three· year program and answered various questions of the Council. Mr. Campbell advised that the only action required by Council at this time on the Capital Improvement Program was in regard to application to MTC by April 1, 1979, for funds to complete bike paths on Stanley Boulevard and Stoneridge Drive. After discussion, Councilmember Mercer requested the bike path projects on Stanley Boulevard and Stoneridge Drive be referred to the Park and Recreation Commission for their review and recommendation at their meeting on March 28, 1979, with final action being taken by Council at their meeting of March 29, 1979. Council Concurred. ~yor Brandes commended the City Manager, Mr. Walker, and staff on the preparation and!presentation of the three year Capital Improvement Program, and requested that copies be given to all City Commissioners for their information. REPORTS OF THE CITY ATTORNEY State Housing Guidelines Enforcement Mr. Levine presented his report dated March 26, 1979, regarding this matter, requesting that a telegram be sent to the Senate Finance Subcommittee #3, and letters be sent to Senators Holmdahl, Ahlquist and Petris, urging adoption of a prohibition on the expenditure of State budget funds on the enforcement of the State Housing Element Guidelines, and that no positions should be created in the department for such enforcement. Council concurred. Inverse Condemnation on Zoning Mr. Levine presented his Information Memorandum dated March 27, 1979, regard- ing this matter, stating that the Supreme Court, in rendering its decision in Agins v. City of Tiburon, ruled that an inverse condemnation action is not avail- able as a remedy for challenging down-zoning; rather, the landowner must sue in mandate or declaratory relief, thus a court could rule that the city's action was excessive regulation but not that the city's action caused the property to be condemned at an unreasonably high price. EXECUTIVE SESSION Mayor Brandes recessed the meeting at 9:10 P.M., to an Executive Session to discuss personnel. Mayor Brandes reconvened the meeting at 9:25 P.M. 2. 3/27/79