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HomeMy WebLinkAbout1970-04-21; City Council; Minutes1 , CITY OF CARLSBAD CcUNCI!ME I) e' -7 M'i nutes of: CITY COUNCIL (Regular Meeting) Date of Meeting: Apr i 1 2-1 ,.-l 970. -I T'ime of Meeting 7:OO P.K. Place of Meeting: Counci 1 Chambers 63 I 1 -- EOLL CALL 2 -- INVOCATION WAS offered by Mayor Dunne. Present x x 1 3 -- ALLEGIANCE TO THE FLAG was, given. 4 -- APPROVAL OF MINUTES: (a) Minutes of the regular meeting of April 7, XXI Ayes 1970, Liere approved as corrected. Motion 5- COUNCIL COMMITTEE REPORTS:. [29] (a) Budget and Finance. Councilman McComas reported the guidelines for the budget were being prepared and are expected to be completed and presented to the Council at the first meetin! in May. r [28) (b) Environmental Pollution Control Commission. Councilman Neiswender reported that letters were s-ent to 13 prospective members as of this date. He stated the names would be submitted to the Council after they accept the invitation to serve. Discussion was held and the City Attorney inform- ed the Council that a Committee could be created by resolution at one meeting or a Commission could be formed by adopting an Ordinance which requires two readings. Councilman Neiswender requested that a Commis-' sion be .created; explaining that the purpose would be to study various matters and make recommendations on present and future pollution problems. Discussion wa's held as to the term of appoint- m.ents and schedule of meetings and functions of the proposed commission. City Ordinance No. 1119 was presented establish- ing an Environmental Pollution Commission and the City Attorney was instructed to establish the term of appointment at 5 years, with one regular meeting to be held on the second Wednes- day in May of each year and subsequent meetings to be called by the Chairman. Ordinance No. 1119 being, AN ORDINANCE OF THE CITY OF CARLSBAD ESTABLISH ING AN ENVIRONMENTAL POLLUTION COMMISSION was given a first reading by'title only and further Mo.tion reading waived. Ayes .. - [69[ (c) Parks and Recreation Commission. Councilman Jardine referred to the memorandum from Mayor Dunne outlining the need of priority for Parks and Recreation faci 1 i ties. Attention was called to the 701 Reconnaisance report and CITY OF CARLS8AD CcuNCImE .. -2- .. " - - -.. - Apri 1 21 , 1970 ' ' fjLl 0 Master Plan. and was referred to Parks and Recreation Commission for action. Mayor Dunne asked that the members of the Counci in particular and present their opinions at the next meeting. It was stated that a copy of the proposal for the Summer Recreation Center had been forwarded to the City Council , and the City Manager was instructed to give the necessary information' to the City Attorney for preparation of the .con- tract as early as possible. . .. consider the last paragraph of the memorandum 1741 (d) Selection of City Manager. It was noted Griffin Hagen avd Kroeger will present the first. five recummendations to the Council before May . 1st. If there is not a suitable candidate, they will submit. the next five for consideration. C34ij (e) Chamber of Commerce: [MI (f) Patrols - Roosevelt and Tyler Streets. 79 Mayor Dunne reported the Mexican-American group met on Friday, April 17th and discussed measures to correct conditions. City Manager was instruc ted to study the possibility of increasing stree lighting and police patrols. Efforts are being exerted to obtain funds through the Law Enforce ment Ass-istance Act. Although this act primaril applies to larger cities, it is hoped that some funds may be obtained. The next meeting of the group is scheduled for May 15th. [69] (g) Parks an'd Recreation Commission. riayor Dunne announced that the appointments of Commissi.oners Forman and Little will expire in 1:85] (h) Youth Programs. 24, 1970. .. 6 '- OLD BUSINESS: [114] (a) Agen'da Bill #loo. Second reading of Ordinance #9251, amendi.ng Ordinance #9060 by adding Sections 970 through 984 to create an RD-i'4 (Resi denti a1 Densi ty-Uul ti pl e) zone. 9. xx> C1T'Y~ OF CARLSBAD COUNCILVE .. _.. . - _._ . - Apri 1 21, 1970 B Ordinance #9251, being AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY ADDING SECTIONS 970 throug MULTIPLE) ZONE WAS adopted by title only and further reading waived. 984 TO CREATE AN RD-M (RESIDENTIAL DENSITY- [W] (b) Agenda Bill #loa. Second reading of zo Ordinance #8052-adopting by reference the Nation a1 Electrical Code of the National Fire Protec- ti on Association. Ordinance No. 8052 being, AN ORDINANCE ADOPTING AN ELECTRICAL CODE IN THE REPAIR, OPERATION AND MAINTENANCE OF ALL ELECTRIC CITY OF CARLSBAD REGULATING THE INSTALLATION, 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 O'F FEES THEREFOR: PROVIDING PENALTIES FOR THE VIOLATION THEREOF: AND REPEALING ORDINANCE NO. 8030 AND ALL ORDINANCES AMENDATORY THEREOF AND ADOPTING BY REFERENCE THE 1968 EDITION OF THE NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION was adopted 'by title- only Motion 1 x x. Ayes .' and further reading waived. X w (c) Agenda Bill #102. Second reading of Ordinal ,sd No. 8053 adopting the 1967 Edition of the . ce Uniform Plumbing Code. - Ordinanc-e No. 8053 being, AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING 1967 EDITION OF U.NIFORM PLUMBING CODE AND PRO- VIDING PENALTJES FOR VIOLATION THEREOF was and further reading waived. Ayes XX) . adopted by title only and further reading X Motion [lOO](d) Agenda Bill #114. Second reading of Ordinance#%118 amending Section 5 of Ordinance #1103 ' regarding Documentary Transfer Tax. Ordinance No. 1118 being, AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING SECTION 5 OF ORDINANCE NO. 1103 REGARDING DOCUMENTARY TRANSFER TAX was a'dopted by title ,Motion only and further reading waived. Ayes xx: .. [47] (e) Agenda Bill #124. Report on Birch Street Mr. Prida.y, City Manager .explained that the City Engineer had developed for Public Works Department to fill in the ditch 100 feet westerly of Sunnyhill Drive and continue the pipeline to the end and will fence both ends of the 100 foot area.. Discussion was held regarding the liability of the city in connection with the Canyon ditch and the Council was informed by the City Attorne,l m' ,. CITY OF CARLSBAD COUNClUviE -4- -. . - - I_ ” April 21, 1970 I) that since. the ditch is of old vintage and has been there for many years but is not on city right of way. Therefore the city has no way of doing anything about it. . If there is liability, it is not the city’s The staff recommendations and report were accept- ed by the Council and the staff instructed to Motion send letter of .~ explanation to Dr. Steiger. . . Ayes XX) 1[92] (f) Agenda Bill #125. Adoption of Resolution No. 1715 changing boundaries of Leucadia Water District and Carlsbad Sewer Service Area. The followin-g Resolution was adopted by title only and further reading waived: Resolution #1715 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE ADJUSTMENTS OF THE SERVICE AREA BOUNDARIES BETWEEN THE CITY OF CARLSBAD AND THE LEUCADIA COUNTY WATER DISTRICT. AND Agenda Bill No. 125 submitted by the City Motion Manager was adopted. Ayes xx: r [45] (9) Agenda Bill #126. Report on bid proposals for construction of water lines and.casing pipe under Interstate 5. The following resolution was adopted by title only and further reading waived: Resoluti.on #1717. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AWARDING CON- TRACT FOR CONSTRUCTION OF WATER LINES AND CASING PIPE UNDER. INTERSTATE 5 to KTM ROAD BORING. and Agenda Bill No. 126 submitted by the City !lo ti on X Engineer was adopted. Ayes xx [84] (h) Agenda Bill #127. Purchase of State of California Patrol Vehicles. 1. Resolution No. 1716 authorizing purchase of California Patrol Vehicles. After discussion regarding the use of the nine passenger wagon, the following resolution was adopted deleting the nine passenger wagon and .authorizing purchase of six C.H.P. specified autos and one other passenger car. Resolution No. 1716. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING ADN DIRECTING PURCHASE OF MOTOR VEHICLES THROUGH PURCHASE AGREEMENT WITH THE STATE OF Motion X CA,LIFORNIA. Ayes xx . ., I) i e' J I I CITY QF CARLSBAD CWNCilME -5- -. - - - . . - .. 57 t .. hlri1 21. 1970 7 -. AUTHORIZAiION FOR PAYMENT OF BILLS AND RATIFICA- TION OF PAYROLL. Authorization was given for payment of bills for the General Fund in the amount of $158,587.62 and Water Department of $69,005.91 , as certified by the Director of Finance and approved by the Auditing Committee for the period April 7, 1970 Kotion xx> Ayes to April 21 , 1970. X Ratification of the Payroll was given for the first half of April 1970, in the amount of $40,699.81 as certified by the Director of Motion Finance and approved by the Auditing Committee. Ayes XX) Mayor Dunne .recTssed the Coun.ci1 at 8:20 P.K. and the meetin.g reconvened at 8:29 P.M. 3 .- Agenda Bill. #128. General Municipal Election [48] Held April 14, 1970. (a) Canvass of ballots. The City Clerk pre- sented the Tally Books from the 12 precincts and the Council acting in the capacity of In- spector, Judge, and two clerks , the totals checked with the tally sheets. (b) Resolution #1714. A RESOLUTION OF .THE CITY OF CARLSBAD, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF CARLSBAD ON THE 74th DAY OF APRIL, 1970, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE P-ROVIDED BY LAW, was adopted by Motion X title on-ly and further reading waived. Ayes xx Resolution No. 1714.i~ by this reference incor- porated herein as- though set forth in full pur- suant to the .Election Code marked Exhibit ''A" and attached hereto. (c) The City Attorney administered the Oath of Office to the City Clerk, after which the City Clerk administered the Oath of Office to the newly'elected officials. (d) Presentation of Certificate of Election by City Clerk. Certificates of Election were presented to David M. Dunne, Mayor; Clargaret E. Adams , City Clerk, Frank Rice, Treasurer, and Claude A. Councilman Neiswender vacated his seat as member (e) Elec.tion of Vice Mayor. Councilman Jardine offered the name of Councilman Glenn McComas for Vice Mayor. By motion of the Council it was agreed that the Motion nominations for Vice Mayor be closed Ayes xx (f) Appointment by Mayor of CounciImen:.to Commi ttees. Playor Dunne announced Committee assignments as . Lewis , Counci lman. .. CITY OF- CARLSBAD CCLINCiME . .- D @ -6- -. . ~ _.- - Apri 1. 21, 1970 ._ Ec I-c 5 I I I - Per memora-ndum dated April 21, 1970, hereto attached as Exhibit IIB". In relinquishing his chair, Councilman Neiswender gave a brief statement of appreciatio Mayor Dunne, Councilmen Jardine and McComas expressed their gratitude and appreciation to Councilman Neiswender for his support, coopera- tion, and endeavors over the past eight years. An Executive session-for the purpose of discus- sing possible litigation was called by the Mayor at 9:00 P.M.. The regular City Council meeting was reconvened at 9:20 P.M. The Mayor stated no decision had been reached in the Executive Session. Mayor Dunne announced that City Officials would be picked up at 9:30 A. M. April 25th at the City Hall for the Spring Holiday Parade. The Mayor requested that the Members of the .Council study the Finance Report for the month of'March relative to the cash position. 3 .- ADJOURNMENT By proper motion the meeting was adjourned at 9:22 P.M. Respectfully submitted .. .. - r - I .?€ ,. ii II 1 I ! ii I '! EXHIBIT ''A" Ii I) :i 51 111 2: I ij 311 !I 4; ! i '4 51, RESOLUTION NO. 171 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF CARLSBAD ON THE 14th DAY OF APRIL, 1970, DECLAR- ING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LA\&/. .. II 6 j! The City Clerk of the City of Carlsbad, California, does I/ I/ 7' hereby find, declare and resolve as follows: 8 j 1 I SECTION I. A regular general municipal election was held ar I 9i/ conducted in the City of Carlsbad, County of San Diego, State of ! ;I 101f California, on Tuesday, the 14th of April, 1970, as required by ;l J-~;I law; 12 :I ; SECTION 2. Notice of said election was duly and regularly l3; precincts were properly established; that election officers were Id! given in time, form and manner as provided by law; that voting 151 appointed and that in all respects said election was held and 16/ conducted and the votes cast thereat, received and canvassed and l7j1 the returns made and declared in time, form and manner as requirec ! I1 18ji by the provisions of the Election Code of the State of California 19[' for the holding of elections in cities; 20 : 211 for the purpose of holding said election consisting of consolida- 22i tions of the regular election precincts in the City of Carlsbad 23ii as established for the holding of state and county elections. /I I SECTION 3. That there were 12 voting precincts established I I ! 24 1/ SECTION 4. That said regular general municipal election wa ! 25 \I I 1 held for the purpose of electing the following officers of said 26jj II City as required by the laws relating to cities in the State of i 27!/ California, to wit: /I 28 ii A Mayor of said City for the full term of four years; I 29 :I so!/ term of four years; ' 11 One member, of the City Council of said City for the full 31) A City Clerk of said City for the full term of four years; 32 j il A City Treasurer of said City for the full term of four yea 1 I ! ! j .,.- .... . .b' It il j/ I 0 aii :I !! I1 SECTION 5, That the names of persons voted for at said 211 election for Mayor of said City are as follows: 311 DAVID 14. DUNNE 4il 5i MARTHA L. DIX I That the names of persons voted for at said election for 6/ Member of the City Council of said City are as follows: 7 ;I !I ANTHONY G. CIAMPA 8 I1 il E. H. (EL) JOSE, JR. CLAUDE A. (BUDDY) LEWIS JEAN G. ROUSE ROBERT L. WATSON I 9j I 10 j i 11 I 12 i That the names of persons voted for at said election for 13:/ City Clerk of said City are as follows: 14 i' MARGARET E. ADAMS i 15 [ ! 16i City Treasurer of said City are as follows: That the names of persons voted for at said election for l7 I i FRANK C. RICE 18!l That the number of votes given at each precinct and the ''11 number of votes given in the City to each of such persons above 20// named for the respective offices for which said persons were 211/ candidates were as listed in Exhibit "A" attached hereto and in- i 23 /I SECTION - 6. The City Council does declare and determine tha 24 11 I/ il DAVID M. DUNNE was elected as Mayor of the City of Carlsbad 25il for the full term of four years; 26 j 27i Council of said City for the full term of four years; 28 ! 22 /I II I/ corporated herein. i CLAUOE A. (BUDDY) LENIS was elected as a Member of the City ! MARGARET E. ADAMS was elected as City Clerk of said City fo 29 ;I I the full term of four years; !I 30 ~ 0 i 31 i I FRANK C. RICE was elected as City Treasurer of said City fc the full term of four years; 321 I xx -2- ... . . ;I .. 5 ’ I/ *I I ! I 2; I 3i i 1 4i i 5; 1; i 71 4 I 81 I I 10 11 11 i 9 :I I /I i 15 11 I.8 i 2o i 12 j i 13 1 14 iI I I 1 16 I 171 I.g I 22 j 21 1 I I 23 i 24 I I i 25 :l I 26 j~ 27 j~ [~ ! SECTION 7. That the City Clerk shall immediately make and, upon compliance by the persons elected with the provisions of Section 11565 and Section 11568 of the Elections Code of the Statt of California, shall deliver to each of such persons so elected a Certificate of Election signed by her and duly authenticated; tha. she shall also administer to each person elected, the Oath of Offi prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in her office. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. SECTION 8. That the City Clerk shall certify to the passagc and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceeding! of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 21st day of April, 1970. AYES: Mayor Dunne, Councilmen McComas, Neiswender, Jardine NOES: None. & Castro. ABSENT: None. City of Carlsbad Carl sbad, Cal i forni a I [ ATTEST: I 1 I I 28 jl 29: fl ‘dC424kHk i $? i Carlsbad, California i MARGA T E. A 301 31 j City gerk of the City of e 321 (SEAL) I ! -3- I I ..~. . . I* , -, . ,5 0- .. h Q t, q tf2 h .o & z 3 (1; L2 .g 2 > .d 9 d MEMORANIjUM Apri'l 21, 1970 . . 0 TO : CoLincilman McCornas, Castro, Jardine and Lewis FROM: Mayor Dunne SUBJECT: Committee Assignments. - Mayor Dunne. A. C.P.O. Policy Committee B. League of Cities Public Safety Committee C. Joint Advisory Committee (Carlsbad-Vista, etc) D. Executive Committee San Diego District League of E. Community Involvement Committee F. Family of Government San Diego County Member Snwer .System. Cities. .. Councilman McCornas A. Planning Commission (Liaison) * B. Water Committee (Liaison) k C. C.P.O. '(Alternate) i D. CBDAC (Liaison ) b Counci lman Jardi ne A. Finance and Au,di t Comrni ttee (Payroll ) B. Parks and Recreation Commission (Alternate) C. Environmental Commission (Liaiscjn) De News Letter (Liaison with Editor) Coun.ci lman Cas tro A. Chamber of Commerce (Liaison) B. City Beautiful (Liaison) C. Oceanside-Carlsbad Narcotics Committee (Member) Counci lman Lewis A. Finance and Audit Committee (Bills) B. Parks & Recreation Commission (Liaison) C. Fire Protection Improvement Committee & D. Buena Vista Lagoon (Study) Assignments from April 1970 to April 1971 Councilmen will alternate in acting as Liaison at monthly meeting of the Lib.rary Board of .Trustees. The City Clerk will schedule. EXHIBIT IIB" .. e e ..