HomeMy WebLinkAbout1970-04-07; City Council; Minutes0 -
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CITY OF CARLSBAD COUNCIU
Minutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: April 7, 1970 Time of Meeting: 7:OO P.1,;. " - Place of Meeting: Counci 1 Chambers 4.9
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1- ROLL CALL Presen
2- ' INVOCATION was offered by Mayor Dunne.
3- ALLEGIANCE TO -THE FLAG was given.
14- APPROVAL OF MINUTES:
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(a) Minutes of the regular meeting of March 17, 1970 were approved as submitted.
5- ORAL COMMUNICATIONS:
[47] (a) Donald Briggs, Jr., 4115 Sunnyhill Drive, read a letter to the City Council regarding' the Birch Street Gorge. he stated a severe hazard exists with a 17 foot open ditch and urged immedi- ate action be taken on this matter as a small chi1 has a1 ready been injured.
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After discussion by Council members, the City Engi neer and City Attorney were instructed to reco- mmend the necessary action needed to alleviate this situation at the next regular City Council meeting. 1
[86] (b) Mr. Gji 11 iam Brotherton, llanager of the Con- vention of Visitors' Eureau spoke to the Council
, regarding the San Diego County Convention Visitors Bureau. He explained the San Diego Bureau is the largest in the United States, comprising San Diego County, a portion of Baja California and Arizona. He stressed the importance of continuing to attract visitors to the County, particularly from a monetary standpoint. i
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Mr. Brotherton stated the Convention of Visitors' Bureau of San Diego County is requesting 17 agen- cies in San Diego County to budget 5% of the Room Tax received to the Bureau to assist the Bureau in its endeavors to bring visitors to our area.
The Council agreed to take this matter under serious consi deration.
5- COUNCIL COMMITTEE REPORTS:
11031 (a) Traffic Safety. Councilman Neiswender re-. ported there have been frequent violations at the Rising Glen intersection with El Camino. Real, as motorists are crossing over the double yellow line on El Camino Real, rather than driving to the Elm Avenue intersection provided about 400 feet southerly.
City Engineer. Cook stated the Traffic Safety Commi ssion is considering posting signs and cons"truct- ing a rail fence at this point to stop motorists from crossing at this intersection. A report from the Traffic Safety Commission will be presented to the City Council in the near future.
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April 7, 1970 PE
;88](b)Envirodmental Air Pollution. Councilman
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Neiswender explained he had attended a Seminar on Environmental Quality Assurance in San Diego County, March 30, 1970. He cited examples of the problems caused by lack of consideration of
.. biology in man's industrial development. I
Councilman Neiswender requested an Environmental Pollution Commission in the City of Carlsbad be appointed from a .list of t'echnically qualified authorities in San Diego County, which he can provide, to assess the situation relative. to San Diego County and make recommend,ations to the
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Council as he would like the City of Carlsbad to 1 be the leader in this field.
Councilman Nejswender further stated this Com- mission would in 'no way conflict with any exist- ing Environmental Committee.
It was moved that the Mayor appoint an Environ- mental Pollution Commission to assess Carlsbad's present situation and make such recommendations Motion X and/or evaluations to the Council. Ayes xx
In seconding the motion, Councilman Jardine nominated Councilman Neiswender to serve on the 'proposed Commission.
Upon Council concurrance, Mayor Dunne stated Councilman Jardine will act as liaison for the Council and directed that the purposes of the. Commission, its aims and .a list of recommended members be provided to the Council for their consideration.
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[m (c) Summer Recreation Program. Councilman 7. Jardine stated- i'unds have been .budgeted for a Parks and Recreation Director this summer, but the Commission'wishes to present an alternate plan to the Council.
Mr. Don Huffman, Chairman .of the Parks and Recrea- tion Commission, stated a meeting was held with Mr. Kinghorn and'the YMCA, wherein Mr. Kinghorn had indicated the YMCA is interested in helping with the City Summer Recreation Program. Mr. Huffman explained the YMCA has more resources and experience in this type of program and has a qualified staff who are more capable of adminis- trating such a program for the same amount of money that the City could obtain. anywhere else.
. He further stated the YMCA has set up a tentative schedule of activities .the City could provide and he presented pamphlets explaining the activities to the Cou'ncil members.
Mr. Huffman requested permission to have a contra:t drawn between the City and the YMCA, having it act as the City's agent and Parks Director for the.Summer Recreation Program.
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(c) Cont.. Authorization was given for a contract to be drawn between the City of Carlsbad and the North Coast Family YMCA for services as
[74] (d) Selection of City Manager. Councilman Jardine stated 89 applications have been
. ... received for the. position of. City Manager. He recommended termination of advertising for the position, as of April 8, 1970,. and that screening of- the applicants be started.
Councilman McComas added it may be possible to have some i.ntervie.ws -set...up .by... t,h e.. next Council me-eting. .
develo-p~~~'~~e'com.m~en~d~ati.o-~s" r.egara -j:n-g'..-fu:ture. __.._ ... . .... .. . .-..- . ...
Councilman Castro stated a meeting has been held and that a North County Committee will be formed- in order to combine a'l.1 the organi- zations into one group.
[34] (g) C.hamber of Commerce. Authorization was
reconvened at 9:07 P.M.
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ment to Ordinance $9060 creating a Residential Density-Multiple Zone (RD-M).
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The Affidavit of Publication was presented,and the Clerk announced no Written correspondence had been received.
City Planner Olinghouse explained this proposed zone is a newer concept with more flexibility than R-3, providing development of property not only with more flexibility but adequate quality control.
No one desired to be heard..
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Mayor Dunne closed the Public Hearing at 7:35 P.M. i
The following reso1,ution was adopted after read-
ing of the Resolution was waived by unanimous consent of the Council:
Resolution No. 1705. A RESOLUTION OF THE CITY
INGS AND DECISION RELATING TO THE PROPOSED AMEND- MENT TO ORDINANCE NO. 9060, BY ADDING THERETO
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COUNCIL OF THE CITY OF CARLSBAD ANNOUNCING FIND- I
SECTIONS 970 THROUGH 983 TO CREATE AN RD-M (RESIDENTIAL DENSITY - MULTIPLE) ZONE. .
X Motion xx Ayes
Ordinance No. 9251, being
.AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY ADDING SECTION 970 THROUGH
T,IPLE) ZONE, was given a first reading by title-
xx Ayes Department was approved.
X Motion Agenda Bill #lOO,.presented by the Planning
xx Ayes only and further reading waived. X Motion . 984 TO CREATE AN RD-M {RESIDENTIAL DENSITY - MUL-
[3"] (b) Agenda Bill #101. To consider the adoption .jo by reference the National Electrical Code.
The Affidavit of Publication was presented- and th City Clerk announced no written correspondence
had been received on this matter.
The City Attorney reported this Ordinance will up- date the electrical code.
As there was no one desiring to be heard, Mayor Dunne closed the Public Hearing at 7:38 P.11.
Ordinance No. 8052, was presented, being I
-AN ORDINANCE ADOPTING AN ELECTRICAL CODE IN THE CITY OF CARLSBAD REGULATING THE INSTALLATION, RE- PAIR, OPERATION AND MAINTENANCE OF ALL ELECTRIC WIRING AND ELECTRICAL APPARATUS OF ANY NATURE WHATSOEVER WHETHER INSIDE OR OUTSIDE OF ANY BUILDING AND THE INSPECTION THEREOF; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREFOR; PROVIDING PENALTIES FOR THE VIO- LATION THEREOF; AND REPEALING ORDINANCE NO. 8030 AND ALL ORDINANCES AMENDATORY THEREOF AND ADOPT- ING BY REFERENCE THE 1968 EDITION OF THE NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION
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[b) cont. ASSOCIATI0N;was given a first reading by title only and further reading waived, .. Yotion AY es
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... and Agenda Bill No. 101 was adopted. Yotion
:$d] (c) Agenda Bill #102. To consider the adoption 30 by reference the Uniform P.l umbing Code.
City Manager Priday explained this ordinance up dates plumbing requirements in accordance with County requirements.
The City Clerk pres.ented the Affidavit of Pub- lication and stated no written communications had been received-on ,this matter.
i , .No one desired to -be heard.
Mayor Dunne declared the Public Hearing closed at 7:44'P.M.
Ordinance No. 8053, being
AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING
ING PENALTIES FOR VIOLATION THERE0F;'was given a first reading by title only and further reading waived,
and Agenda Bill #102, submitted by the City . Motion X Attorney -was approved. - - Ayes X
1967 EDITION OF UNIFORM PLUMBING CODE AND PROVID-
L1.07] (d) Agenda Bill $103. To consid.er Resolution #170.6, declaring the intention of the Council to vacate a portion of Scott Drive and an Alley located southerly of Yourell Avenue, Westerly of Lot 26, Lebarr.Estates No. 2.
City Engineer Cook explained there is approximate- ly 2,400 square feet to be vacated in the alley
in Scott Drive. .The City has retained utility easements.
The Affidavit of Publication was presented and the City Clerk stated no written communications had been received on this matter.
As there was no one desiring to' be heard, Mayor
.. and approximately 7,200 square feet to be vacated
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.. Dunne closed the Public Hearing at 7:47 P.M.
The following reso1utio.n was adopted after the reading of.the resolution .was waived by unanimous consent of the Council:
Resolution No. 1709. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD VACATING PORTIONS OF PUBLIC RIGHTS OF.WAY, Motion
and Agenda Bill #lo3 was approved.
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a-rY OF CARLSBAD
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7, 1970
DEPARTMENTAL REPORTS:
A. BUILDING DEPARTMENT. ..
1. Agenda Bill 8104. Wopschall property, 3200.Carlsbad Blvd. - re: Discrepancies existing in building.
City Manager Priday stated the property owners have requested permission -to rent this property. The staff recommendations state the building mus be brought up to Code.
The City Manager was instructed to inform the owners that the building would have to be brough up to the Building .Code standards as outlined in Agenda Bill #104, prior to occupancy of the building. r
B. ENGINEERING DEPARTMENT.
1. Agenda Bill 8105. Subdivision and Specific Plan Fees.
The following resolution was adopted by title only and further reading .waived:
.Resolution No. 1710. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ESTABLISHING CERTAIN FEES REGARDING SUBDIVISIONS AND SPECIFIC PLANS s
and Agenda Bill #105, sub-mitted by the City Attorney was approved.
2. Agenda Bill n"107. Cooperative Agreement with Division of Highways for construc- tion of Chestnut Avenue Undercrossing on .Interstate' 5.
The following resolution was adopted by title only and further. reading waived:
Resolution No. 1711. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT FOR CHESTNUT AVENUE UNDERCROSSING,
and Agenda Bill #107, submitted by the City Engi neer, was adopted.
C. PARKS AND RECREATION.
1. Agenda Bill #106. Recommendation from Parks and Recreation Commission - re: Lake Calavera.
Councilman McComas stated the Parks and Recrea- tion Commission have recommended Lake Calavera
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Motion X Ayes xx
Motion Ayes xx
Motion Ayes xx
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be retained as a park and if' Agenda Bill #lo6 is adopted, we would be, in effect,. stating the entire 250 acres would be developed as a park. He fe1t.a study of the area should be made before adopting the Agenda Bill.
Mayor Dunne inquired if- 701 Funds could be used for this type of study and Mr. Olinghouse stated these funds could not be used.
Mayor Dunne stated he felt Lake Calavera should be explored for use as a possible regional park
County Area, and could also bring much needed revenue to the City Mater Department.
A motion was made to adopt as a resolution a statement of policy that the. City of Carlsbad seeks to retain Lake Calavera as a City Park.
Councilman Neiswender requested. a clarification as to the word "City" park or "Publ ic" park. Councilman Neiswender withdrew his second;
Councilman Jardi-ne amended his motion to state, "Publ icii park.
' which would be an asset for the entire North
Agenda Bill #116 was adopted, and the City . Planner was instructed to explore the possibility of use of Federal Funds for Open Space and Park Planning and.report back to the Council.
D. PLANNING.
' 1. Agenda Bill 8108. Report on placement of time limitation on requests for zone changes or conditional' use permits.
City Attorney Wilson stated placing a time limit on re-zoning is not generally considered to be a legal condition. Re-zoning is the one area that is not subject to conditions. We already have a time- limi tation on Conditional Use Permits of one year.
He further added if property is re-zoned, we must be willing to accept the uses stated under the zone classification.
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Attorney Wilson informed the Council if they feel there are areas that have been spot-zoned, these areas could be re-examined and hearingsheld on them to change them back to their original zone classification.
Councilman Neiswender stated the Planning Depart- ment has not yet submitted their report on spot-zoning.
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Councilman McComas stated several areas have been re-zoned with Specific Plans or Precise Plans. Can we direct that Precise Plans be.implemented within a specific length of time?
City Attorney Wilson stated it may be possible to place such a condition as this on Precise Plans.
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~ After discussion, Agenda Bill #lo8 was held in abeyance pending further study by the Planning Department as to whether or not certain proper- ties are properly zoned and that a report be made
I by the City Attorney as to the City Manager's recornmendation that changes in zones be accom-
~ plished by variance only..
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cpf1 2. Agenda Bill #109. Urban Planning Assist-
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1 . trating on the downtown area.
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City Planner 01 inghouse explained that these monies will be used for consultants, concen-
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The following resolution was adopted by title
. Resolution No. 1708. RESOLUTION RELATIVE TO URBAN PLANNING ASSISTANCE,
and the Mayor was authorized to execute the Application for Urban Planning Assistance Funds under the 701 HUD Program,
and Agenda Bill #lo9 was adopted.
[70] 3. Aqenda Bill #110. Memorandum - re: Joint City Project - Buena Vista Lagoon.
Discussion ensued concerning a Joint City Program with the City of Oceanside regarding the future planning of the Buena Vista Lagoon, and it was agreed that the City Manager, City Engineer and City Planner meet with their counterparts from the City of Oceanside and that a report and recommendation be -submitted by the technical staff for approval by both cities. I Agenda Bill #110 was held in abeyance pending the submission of the report.
1 E. PUBLIC WORKS.
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7. Agenda Bill #111. Report as to parking conditions on State .Street.
I City Manager Priday explained the Traffic Safety Commission has recommended parallel parking on State Street. However, the CBDAC recommended a
0 survey be made as to the parking conditions. ~
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The report as to the parking conditions on State Street was referred to the Traffic Safety Com- mission and Agenda Bill #lll.was held in abeyance pending recommendation from the Traffic Safety Commission.
110- ORDINANCES FOR ADOPTION.
. Cf;flI 3" (a) Agenda Bill nU112. Second reading of Ordinance #8054, amending Section H-1002 (a)
1967 Edition - re: Housing. of Volume I11 of Uniform Building Code,
Ordinance No. 8054, being
AN ORDINANCE OF THE CITY. OF CARLSBAD AMENDING SECTION H-7002 (a) OF VOLUME I11 OF THE UNIFORM BUILDING CODE, 1967 EDITION REGARDING HOUSING, was adopted by title only and further .reading - waived,
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and Agenda Bill #112, was adopted.
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[55] (b) Agenda Bill #113. Second reading of Ordi- nance #5044, regulating dumping and accumulation of refuse. .. 1 Ordinance No. 5044, being -. .
AN ORDINANCE OF THE CITY OF CARLSBAD REGULATING DUMPING AND ACCUMULATION OF REFUSE, was adopted by title only and further reading waived,
and.Reso1ution #1712, being
A RESOLUTION OF THE .CITY COUNCIL' OF THE CITY OF CARLSBAD SETTING REFUSE COLLECTION REQUIREMENTS, was adopted by title only and further reading waived; and
the Agreement between the City and McDougal Sanitation Co., was approved and the Mayor authorized to execute the Agreement,
and Agenda Bill fill3 was adopted.
11- ORDINANCES FOR INTRODUCTION. .
[lQO](a) Agenda Bill #114. First reading of Ordi- nance #1118, amending Section 5 of Ordinancl #1103 - re: Documentary Transfer Tax.
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The City Attorney explained this amends the original ordinance, in that the City will not have to be charged the transfer tax on acquisi- tion of properties.
Ordinawe No. 1118, being
AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SECTION 5 OF ORDINANCE NO. 1103 REGARDINe
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12- REFERRAL TO CITY'S INSURANCE CARRIER:
City Manager Priday explained this accident occurred o.n the Sa.nta-. Fe ... RaiI.road..Right of Wa
. and- he had recommended denial of this claim.
The City .Attorney pointed-.out c-laims are
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RESOLUTIONS FOR ADOPTION.
affirming City policy regarding Occupanc
affirms present City policy and protects the City from liability.
Resolution No. 1713, being
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AFFIRMING CITY POLICY REGARDING OCCUPANCY OF HOUSES IN NEW SUBDIVISIONS, was adopted by title only and further re.ading waived ,
and Agenda Bill #116 was approved. Motion Ayes .
13- CURRENT BUSINESS.
[llO] (a) Agenda Bill #117. Sale of Water Bonds.
.The-Mayor.-stated $324,600. has been spent- on engkeering and .local improvements in the pas 3-1/2 years. which. were included in the origin Lill-Kubota report.
Approval for the sale of $1;000,000 Water - Revenue Bonds was given, a'nd authorization was given for engaging necessary professional services,
and Agenda Bill #117 was approved. in accord- Motion ance with the first recommendation. Ayes
[82] (b) Agenda Bill #118. Patrol in the Roose- velt, Madison and Tyler Streets area.
Mr. Roy R. Sanchez, 3284 Roosevelt Street,
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stated he .is spokesman for concerned citizens who live near Roosevel t and Walnut Streets.
use and peddling of drugs, burglary, .fights, drinking, profanity, littering, loitering, disturbing the peace, speeding, blocking of traffic and vandalism. Threats have been
. -.made by a group of some 40 to 50 ..people who gather in this area upo-n residents of the area. Mr. Sanchez and other citizens felt
The City .Manager-.poi.nted out there s.eems to be a 1xk of-communication in regard to the
- actions. that can be .,taken by. ..the.Poli..c.e. Depart ment. -The majority of complaints received must be signed,and the complainants must be
stated' at. the-. pr-esent time, there are 4 -p.atr.ol- men on duty during one shift.
Mr. Sanchez stated- he had previously met with City officials at the Jefferson Street School last year and after this, the patrolling had been more frequent. However, this grdup is getting larger and larger and maay of the people in this group are not local citizens and some are not even U. S. citizens.
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. Suggestions were received from the audience as to the-possibility of better street lighting and of enlarging the Reserve Police Force.
It was agreed a meeting be arranged with Mr. Priday, Councilman Castro, Mr. Sanchez and other interested citizens to further discuss the problem and a report be made to the
that the San Diego Gas & Electric Company be contacted regarding installation of adequate street lighting in this area.
(c) PROCLAMATIONS:
.. Council recommending a course of action, and
.- [SO] 1. Agenda Bill #119. Law-Day, USA. __ ._. .- s.. - - .. .
2'; .'* "Agenda Bi'l'l #120. Preparation of 1970 Census. . ' -.-- . .. -.
3. . Agenda Bill #lil. Spring Holiday Cele-
4. Agenda Bill #122. Public Schools Week.
bration.
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Agenda Bill #119. Friday, May 1, 1970, was proclaimed as Law Day, USA.
.. Agenda Bill #120. Mayor Dunne proclaimed and requested the cooperation of all citizens in the preparation of the 1970 Census. ------.- "__" - .,.._"__ _. "..,." - . . .. _,. _x .,-." .,.". .. -. . .- . . - -. - " " ' . " - .--.--..-. I"_ _.I.". __._ _,_____""...I I ,____ .. - ."I,".. ., _"__. ^. .. . .
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Mr. Baldwin is being up-dated.
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Mrs. Martha Dix requested-'a copy of the ordinance, position reclassification and
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Kiwanis Club, stated the Carlsbad Kiwanis Clu has been negotiating to put on a fund raising project in the form of a fair. The Christian- s'en Amusement Company of San- Bernardino is available April 15 to April 19, 1970. He .stated they have adequate insurance and are well-equipped for this type of funct,ion. The Kiwanis have not yet de.cided on the exact location of the fair; however, they have three or four tentative sites. Mr. Hancock requested the Council give approval of the
The City Clerk explained an application is to be submitted in writing to the City, and the
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April 7, 7970.
[45] (b) - Upon inquiry regar'ding the cost to the City for the Chestnut Undercrossing, Mayor
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ment must be executed before the Local Agen-cy Commission will move on this annexation,
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An Executive Session for the purpose of discussing possible litigation was called by May.or Dunne at
10:48 P.M.
The regular City Council meeting was reconvened at
[lo21 '(f) TOPIC Funds. - City Engineer Cook reporte he will have a recommendation for the Council at the next meeting and tha't the possibility of having joint consulting services for both the City of Carlsbad an.d City of Oceanside is' being investigated.
[25] (9) LaniKai Annexation. Mr. Priday stated the hold-up on this annexation is that they'
[30] (h) Condemned Houses. Mayor Dunne stated it .has,-c.orne,..t.o his attention that some houses whi-ch- have. been .previously condemned by the Building Departme.nt are bei ng. re-occupi ed.
It was agreed that the Building Department check and make sure buildings which have been
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CATION OF PAYROLL.
Authorization was given for payment .of bills for the General Fund in the amount of
. .as certified by the Director 0.f Finance and approved by the Auditing Comrni ttee for the period March, 17, 1970 to April 7,. 1970.
Ratification of the Payroll was given for the second half of March, 1970, in the amount of $41,265..96. as certified .by the Director of Finance and approved by the Auditing Committee.
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By proper motion the ..... meeting ... was- adjourned .......... at 1l':OO P.M. _.
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Respectfully [d.F4&-;- . .-.I "._ submitted, - -. "- .... _,. ...... -_ - _-. -..-. _.- -.:.:" ....... ". ....
MAR ET E. ADAMS
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