HomeMy WebLinkAbout1971-05-18; City Council; Minutes.. .' I ,' . ,
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CITY OF CARLSBAD COUNCiLMEI\
Meet i ng of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 18, 1971 Time of Meeting: 7:OO P-.M. Place of Meeting: Council Chambers
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1- ROLL CALL: 7:OO P.M.
3- ALLEGIANCE TO THE FLAG was.given.
4- APP~OVAL OF MINUTES:
(a) Minutes of the regular meeting of May 4, 1971, were approved as presented.
(b) Minutes- of the adjourned meeting of May 14, 1971 were approved as presented.
5- COUNCIL COMMITTEE REPORTS:
[69] (a) Parks and Recreation Commission. Council-
park-in-7ie0, neighborhood parks, overnight camping, and approval of the park bond issue.
Councilman Lewis also stated the Y.M.C.A. is witholding hiring for the summer recreation program as they required Council approval of their budget recommendations prior to hiring.
action.
[55] (b) Garbage and Trash. Councilman Jardine reported the Garbage and Trash Committee has not yet been able to hold a meeting but will have met prior to the next Council- Meeting. He stated following the next meeting, another meet ing will be scheduled with the contractor pre- sent.
[54] (c) Jefferson Street Overcrossing. Council- men Jardine stated the Jefferson Street Over- crossing will be discussed under Agenda Bill #150 of the May 18th Agenda.
[28] (d) Water Committee; Coincilman McComas
' announced the presence of Mr. Robert L. Watson and stated-Mr. Watson would give a presentation .as Chairman of the Water Committee.
Mr. Watson reviewed the history of the Carlsbad Mutual Water Company and made various recommend ations contained in the Water Committee's rep0r.t and also stated it was the conclusion of the Water Committee that reorganization'on an administrative level is necessary in order to obtain an efficient management team.
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May 18, 1971
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5- COUNCIL COMMITTEE REPORTS (cont.)
[m (e) Joint Meeti.ng with CMWD. Councilman
,Z~T McComas reported on the Joint Meeting with Carlsbad Municipal Water District (CMWD) and stated that CMWD will present recommendations as t,o what they are proposing and how they plan to accomplish it. After their presentation, if it is agreeable to the joint committee, it will be presented to the Council for considerati
[62] (f) Legislation Meeting in Sacramento. Mayor Dunne reported he had attended a meeting in Sacramento and discussed the matters of Coast- line Control, the emphasis on environment, reapportionment-, the regional authority and compulsory and binding arbitration with Fire- men and Policemen, and stated on the latter, the League of California Citie.s is strongly opposed to such legislation.
[681 (9) C.P.O. Meeting. Mayor Dunne reported on t'he results of the C.P.O. Voting Formula and stated it has been decided to be distributed as follows: 40% voting to the City of San Dieg 30% voting to the County 30% voting to other incorporated cities. He stated this will mean that the City of Carls bad will be allowed one (1) vote.
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Also the Mayor discussed C.P.O. approval of County funding portion of share of roads going through the city. C.P.O., as Land Use Commission's favorable response to the cemetary being located at Palomar Airport Annexation but pointed out it is not in favor of any Development until such time as decibals can be measured for noise control.
[631 -(h) Library Board of Trustees Meeting. Council men .Jardine reported on his attendance at the last meeting of the Library Board:'of Trusthes, and stated consideration was given several ~, appointments to the Library Board which the Board will recommend to .the Council. Also much
discussion took place regarding the budget.
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*Mayor Dunne inquired and opened discussion on how the donations given the Library were dis- bursed and stated due to the fact that the Library is a public entity, it should be clear how such funds should be handled. He then,in- structed the City Attorney to check into this matter and report at the next meeting. i
- HOUSING AUTHORITY:
[lo51 The Council adjourned todhe Housing Authority at 8:13 P.M. and reconvened to the Council meeting at 8:20 P.M. with fou'r (4) Councilmen present.
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1 I I 7,- PUBLIC HEARINGS: I I i I The hour of 7:30 P.M. having ar ived, the Mayor declared the Public Hearing open d.
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~1131 (a) Agenda 'Bill #428. To consider a preannexa tiorr Change of Zone to P-C (Planned Community) for an 81 Unit Condominium Development and Master Plan located on the West side of old Hig way 101 and North of Batiquitos Lagoon. -- Applicant: The Beach Colony Partnership.
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The City Clerk presented the Affadavit of Publi- cation and stated no written communication had been received.
The City Planner briefly reviewed the proposed development discussing location of units, the city boundary line, layout and elevation of units and stated this is a unique development in the fact that it is the first "high rise" structure in the City of Carlsbad, being nine (9) story units. The City Planner responded to numerous inquiries of the Council.
Mayor Dunne announced Council's desire to hear fr'om anyone who wished to speak in favor of or in opposition to this matter.
There was no one present wishing to speak in opposition.
The following persons spoke in favor of propose development: 1 MR. 1. C. GUTHRIE, 819 North Harbor Drive, Rondondo Beach, Calif. - a partner of the
. Beach Colony Partnership. I MR. PERRY LAMB, 5171 Shore Drive, Carlsbad, Calif. - the previous owner of subject property and present owner of 100 acres behind subject
property. ,.. I The Mayor declared the Public Hearing closed '' at 8:03 P.M. I As, Council's questions were answered by the City Planner and Mr. Guthrie,. there was no further discussion and the following Resolution was offered for adoption:
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Resolution No. 1851. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FINDINGS AND DECISION REGARDING A PRE-ANNEXATIOI CHANGE OF ZONE FROM COUNTY ZONING TO P-C (PLANNED COMMUNITY) ZONE, AND ADOPTION OF A MASTER PLAN, ON PROPERTY LOCATED ADJACENT TO SOUTH CARLSBAD STATE BEACH CAMPGROUND, WEST OF OLD HIGHWAY 101, was adopted by title only and further reading waived.
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7- - PUBLIC HEARINGS: (cont.)
[114] (a) Agenda Bill. #428 (dont.)
The following Ordinances were given a first reading:
Ordi'nance NO. 9272. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ADOPTING A MASTER PLAN SUBJECT TO ANNEXATION OF PROPERTY TO THE CITY OF CARLSBAD, LOCATED ADJACENT TO SOUTH BOUNDARY OF SOUTH CARLSBAD STATE BEACH Motion X
CAMPGROUND, WEST OF OLD HIGHWAY -101 , was read Absent by title only and further reading. waived.
xxx Ayes
Ordinance No. 9.273. AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9060 BY GRANT- ING A PRE-ANNEXATION CHANGE OF ZONE FROM COUNTY ZONING TO P-C (PLANNED COMMUNITY) ZONE ON PRO- PERTY LOCATED ADJACENT TO SOUTH BOUNDARY OF SOUTH CARLSBAD STATE BEACH CAMPGROUND, WEST OF OLD HIGHWAY 101, was read by title only and
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Absent f'urthei- reading waived.
x xx Ayes
[112] (b) Agenda Bill #404. Weeds and Rank Growth within the City Limits of Carlshad.
The City Clerk stated that Resolution #1840, passed by the Council in April set a Public Hearing concerning Weed Abatement in the City of Carlsbad and presented the Notice sent to each.of the property owners concerned.
The Mayor announced the Council's desire to hear anyone wishing to be heard on this ma.tter and as there was no one present who wished to be heard, the Mayor declared the Public Hearing closed at 8:lO P.M.
The following Resolution was offered for adoptiqn:
Resolution No. 1858. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ORDERING DIRECT~R OF PUBLIC WORKS TO ABATE NUISANCE..BY HAVING 1 Motion
WEEDS, RUBBISH, REFUSE, AND DIRT REMOVED, was Absent read by title only and further reading waived".
xxx Ayes
8- DEPARTMENTAL REPORTS:
A. Engineering.
c541 1. Supplement #3 to Agenda Bill #150. Jefferson Street Interchange Fundings.
Lengthy discussion ensued regarding the Jefferson Street Interchange and it was the Council's decision that the following Resolution be offered for adoption.
Resolution No. 1834. A RESOLUTION OF THE ,. CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHOF- IZING AND DIRECTING THE MAYOR TO EXECUTE VARIOUS DOCUMENTS IN CONNECTION WITH AN INTERCHANGE ON STATE HIGHWAY ROUTE 78 AT
JEFFERSON STREET, subject to an agreement
paragraph "A" of Paragraph #l. Absent Staff and the owners, to be included in sub- Noes Paragraph #6, thereof, to be reached by the xx: Ayes as to details of the exhibit referred to in
Motion
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8- DEPARTMENTAL REPORTS: (cont.)
A. Engineering '(cont.) i
~641 2. Supplement #l to Agenda Report from City Engineer on Lighting Main- +tenance Districts.
The City Engineer stated that on February 2, 1971, the City Council instructed him to prepare a report and district map in accord- ance with Sections 18660 and 18661 of the Streets & Highways Code, and further stated said report and map are prepared and have been submitted for Council consideration.
Upon inquiries from Council, the City Enginc answered numerous questions and as there were no further questions .from the Council, the following Resolution was offered for adopt-ion:
Resolution No. 1852. A RESOLUTION OF THE COUNCIL OF THE CITY OF CARLSBAD ADOPTING
* CITY ENGINEER'S REPORT ON THE MATTER OF . LIGHTING MAINTENANCE DISTRICTS, was adopted by title only and further reading waived.
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C971 3. Supplement #1 to Agenda Bill #386. I Pavina of Knowles Ave. and Buena Vista Ave. (BetwGen Jefferson St. and Davis St.)
The City Engineer reported on the bid re- sult for the Knowles Ave. and Buena Vista Ave. paving and stated a total of five. (5) bids were received, the low bid being that
!anta Fe, Vista, Salif. in the amount of
T e fQllowing Resolution was offered for a 9 option:
. Resolution No. 1853. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AWARD ING CONTRACT FOR ASPHALT PAVING OF KNOWLES AVE. & BUENA VISTA AVE. (BETWEEN JEFFERSON ST. & DAVIS ST.), was read by title only and further reading waived.
f the firm of Ma ee & Araiza, Inc. 2405 N.
$9,997;00.
r-1111 4. Agenda Bill #429. Approval of Plans a-nd Specifications for water line construc- tion from San Luis Rey well fields to City of Carl sbad.
The Mayor announced that this matter would be deferred until decisions are made re- garding funding of the water dfvision opera tion for fiscal year 1971-72, as recommende by the City Manager.
c301 5. Agenda Bill #430. Request for transfer of funds for replacement of construction inspector.
Authorization was given for the transfer
of funds in the amount of $4,800.00 from Sectim 2106 (a) Gas Tax to Account #1-110- 151.
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CITY OF -6- CARLSBAD COUNCILME1
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May 18, 1971
8- DEPARTMENTAL REPORTS: (cont.) I
I A. Engineering .(cant.)
[lo61 6. Agenda Bill 431. Proposed Underground Utility District #2.
Mr. Richard Osburn, Director of Building a Housing spoke before the Council and Harry Truax, member of the Underground Utilities Committee discussed some of the problems involved in the proposed district, however it was pointed out that these problems wer considered by the committee.
Mr. Arthur Harris, 5039 Tierra del Oro, Carlsbad, President of the Terramar Associ tion informed the Council that in February of this year, the Association voted to app the installation of Underground Lighting f the Terramar area. A bid was received for approximately $210,000. The proposed ligh ing district would include Carlsbad Boule- . vard. The Association is req-uesting the
* Council. to defer the downtown area as Unde ground Utilities District #2, and contribu approximately $69,000 for the lighting alo Carl sbad Boulevard.
Mr. Harris was informed various districts were discussed recently by the Council and it was the decision of the Council to proc with the Elm Avenue project.
Resolution No. 1854. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALLI A PUBLIC HEARING TO DETERMINE W.HETHER PUBL HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY .DISTRI ON ELM AVENUE FROM THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 5 TO THE EaST BOUNI:
TENDING 75 FEET ON THE SOUTH SIDE OF ELM
ELM AVENUE, was adopted by title only and further reading waived.
ARY OF UNDERGROUND DISTRICT NO. 1 AND EX-
AVENUE AND 50 FEE'T ON THE NOR-TH SIDE OF
E851 7. Engineering Status Report.
The Engineering Status Report was acknow- ledged and discussion was held concerning the installation of traffic signals at Vir Way and El Cam-ino Real. It was a1 so notec that bonds on the Rancho Carlsbad project have not been received as of this date.
B. Finance.' Y 4 E&33 1. Agenda Bill #418. Purchase of Lease- purchase items in accordance with the Bud!
Resolution No. 1855. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTH( ZING AND DIRECTING CREDIT PURCHASE OF VARIOUS EQUIPMENT, was adopted by title 01 and further reading waived, authorizing tl purchase of the following equipment:
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. 8- DEPARTMENTAL REPORTS (cont.) I I
B. Finance (cont.) I 1. Agenda Bill #418. (cont .)
(a) Wayne Model 16T318 Brush Chipper
(b) Halan Model 89-41 Aerial Lift
(3 $4,875.15.
mounted on 1970 International Model #1600 (3 $19,155.71.
(c) SCM 314 Calculator (3 $748.65.
C. Planning.
DO1 1. Agenda Bill #432. Proposed Interim Ordinance placing 90 day m.ori torium on
grading without Specific Plan.
The City Planner explained the purpose of this proposed interim ordinance and stated it was merely a preventive measure until
. a permanent ordinance is prepared for Counci
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Following discussion, it was agreed that the matter be deferred until such time as the
Absent ordinance for consideration.
xxx Ayes Planning Department presents a specific
X Motion
E771 2. Planning Department Status Report.
The City Planner informed the Council that a report had not been prepared due to the absence of the Secretary.
C. City Manager.
E621 1. Agenda Bill #433. Pending legislation re: May 7, 1971 Legislative Bulletin.
After consideration by Council, it was agreed that the C'ouncil wished. to go on Motion xxx Ayes record as supporting S.B. 994-, and opposing
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Absent S.B. 624, A.B. 1056, and S.B.-. 1205.
[261 2. Agenda Bill #442. Cannon Road Assess- ment District.
The City Manager reported that correspond- ence had been received from the Terramar Association expressing opposition to the proposed widening of Cannon Road.
The City Manager further explained that the major cost would be paid for by Mr. Cannon, Mr. Paul Ecke, and San Diego Gas & Electric and the City would pay for the relocating- of the wall located in front of S.D.G. & E.'
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1 I 8- DEPARTMENTAL REPORTS (cont. )
I D. City Manager (cont.) I 2. Aqenda Bill #442 (cont.)
He also stated that the assessment district would front on five homes in the Terramar area and two of the home owners have agreed
to assume a portion of the Assessment.
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Council affirmed desire of Council to de- velop Cannon Road as a standard major arter ial highway in accordance with the General Plan and directed staff to proceed with the Cannon Road Assessment District, as recomme ed by the City Manager.
3. Agenda Bill #420. Park Headquarters House.
The Council concurred with the recommenda- tion of the City Manager to make use of the Greenwood property as an interim Parks and Recreation Department office space and to relocate the heavy equipment to the City Yard and authorization was given for the City Manager to imp1 ement the plan, and to clear the present park operations site.
I E. Traffic Safety Commission. .
I :lo31 -1. Agenda Bill #440. Council action re-
garding recommendations from Traffic Safet? recommendations from Traffic Safety Co.mmis:
Due to a possible communications gap be- tween the Traffic Safety Commission and th( City Council, it was agreed that th.e Public Works Director prepare a staff report on a1 recommendations submitted by the Traffic Safety Commission prior to the Council taking action.
The Director of Public Workrsuggested tha. perhaps the meeting date of the Commission should be changed in order to allow suffic ent time for preparation of a staff report for the next Council meeting. Council further instructed the Public Works Direct! to submit a report on .Item #5 of the Traff Safety Commission minutes dated May 3, 197 concerning "no parking any time" signs. on both sides of the service road on the east side of Carlsbad Boulevard between La Cost Downs overcrossing and Ponto Drive.
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F. Public Works
c831 1. Public bjorks Status Report.
The Council acknowledged the Public Works Status Report and ordered said report file
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9- ORDINANCES FOR ADOPTION. 1
I [ 1131 (a) Agenda Bill #411.
Ordinance No. 9271. AN ORDINANCE OF THE CITY 0 CARLSBAD AMENDING ORDINANCE NO. 9060 CHANGING CERTAIN DESIGNATED PROPERTY LOCATED ON THE NORT SIDE OF OLIVE AVENUE BETWEEN GARFIELD STREET AND A.T. & S.F. FROM R-l TO RD-M (Residential Multiple-Density) ZONE, was ,presented for a second reading and adopted.
10- CONSENT CALENDAR
A. Correspondence - Advisory
1. The following Advisory Communication was ordered filed.
c221 (a) , Letter from Chief Administrative Office of the County of San Diego concern- ing Coordinated Regional Helicopter Program
* and the City Manager indicated interest in
* having one of three helicopters for service for the North County.
B. Correspondence - Referral.
1. The following communication was referr- ed as indicated:
'(a) Agenda Bill #434. Referred to Council Committee reviewing trash rates, letter from Mrs. Ethel Jay, protesting raise .in trash collection rates.
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C. Proclamations.
[sol 1. Agenda Bill #435. Mayor Dunne pro- claimed the date of June 5th, 1971 as "Scouting Keep America Beautiful Day".
D. Claim for Damages. -.
The City'Clerk's referral of the following claims to the insurance carrier was con- firmed.
[411 1. Agenda Bill #436. Claim for damages sustained - Ella Hawkins.
[?I 1 2. Agenda Bill #437. Claim for damages sustained by Albert McCain.
The City Attorney was instructed to send notice in accordance with Section #913.
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11- CURRENT BUSINESS:
[ 74' (a) Agenda Bili #438. Request for recognition by: 1) Carlsbad City Employees Association.
2) Carlsbad Firefighters Association.
' 3) Carlsbad Police Officers Association.
Council concurred with the City.Manager's recommendations and deferred action on this matter until June 1, 1971 which will allow Motion X
said groups to make their comments at that Ayes xxx
meeting. Absent
c731 (b) Agenda Bill #439. Request for Dance Permit in connection with the Casino Bar, 2943 State Street.
MR. NICK SAUER, Attorney for the applicants, Mr. and Mrs. Daniel Soto, spoke before the Council urging that if the Council cannot grant a permanent permit, then the applicants would be satisfied with an interim dance permit Until such time as Council can grant a permanent One.
After discussion, the Council granted the request and gave authorization for the issuance
Of an interim dance permit for a period of
60 days, pending draft of controlling ordinance ~otion X Consideration by Council for a permanent dance Ayes xx: permit will be placed on the Ju-ly 20, 1971 Absent agenda,
[1041 (c) Agenda Bill #441. San Diego Rapid Transit.
The City Manag.er recommended that communica- tion be made by the Mayor to the County Board
Of Supervisors regarding this matter and the Mayor stated he would write another letter to Mr. Jim Bear of the Board of Supervisors.
12- CONTINUED BUSINESS:
1371 (a) Agenda Bill #379. Memorandum - New Devel- opment Projects.
It was agreed that this matter'be deferred and placed on the June 1 , 1971 Agenda. I.
C621 [b) Agenda Bill #408. Request for support to increase number of Supe,rvisorial Districts.
It was the Counci-1's desire to go on record as opposing any additional supervisorial dis- ' Motion
Absent notify the proper parties.
xx Ayes tricts and the City Clerk was instructed to X
[831 (c) Agenda Bill #416. Standard Specifications for Public Works construction within City 1 imi ts.
Resolution No. 1843. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ADOPTING STAND- ARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC- - Motion TION WITHIN THE CITY LIMITS, was read by title Absent only and further reading waived. xx Ayes
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12- CONTINUED BUSINESS: (cont.) i
[371 (d) Agenda Bill 8425. Environmental Conditior in the City.. .. I
Mayor Dunne announced that this matter would
be discussed in the Executive Session.
WI (e) Agenda Bill 8426. Request for mileage reimbursement.
Authoriza.tion was given for reimbursement of mileage expenditures during.the month of April and portion of May for out-of-pocket expenses
for use of City Manager's private vehicle.
ADDITIONAL BUSINESS:
[32] (a) Restrooms at Carlsbad Beach. Mayor Dunne stated the Restrooms at Carlsbad Beach are in very poor condition. The City Manager informec the Mayor he would write a letter to Mr. J. B. Askew, County Health Officer, re-questing an inspection of these restrooms.
C371 (b) Request from COMBO. Mayor Dunne stated correspondence had been received from COMBO requesting a contribution in the amount of $7,000.00. It was the decision of the Council that due to other financial commitments, the City would not contribute to COMBO, and the Mayor stated he would inform COMBO of Council' acti on.
EXECUTIVE SESSION:
Mayor Dunne called for an Executive Session at 11:50 P.M., for the purpose of discussing possible litigation.
The Couqcil reconvened at 12:18 A.M. and the Mayor announced that discussion was held re- garding legal matter.s and to give .information on the Geyer vs City of Carlsbad trial, furthe the City Attorney was instructed to take actio on certain zoning violations.
13- RATIFICATION OF PAYMENT FOR BILLS AND PAYROLL.
Ratification was given for payment of bills fo the General Fund in the amount of $30,046.25 and the Water Department of $23,288.29, total1 ing $53,334.54 for the period May 1 thru 15th 1971, as certified by the Director of Finance and approved by the Auditing Committee.
Ratification was given for the payment of the payroll for $46,694.23 for the period May 1 thru May 15, 1971, as certified by the Direct0 of Fina'nce and approved by the Auditing Commit
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ADJOURNMENT:
By proper motion, the meeting was adjourned at 12:20 A.M. to Saturday, May 22, 1971 at 8:30
A.M, in the City Council Chambers.
Respectfully submitted,
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ADDENDUM TO SUPPLEMENT #3
JEFFERSON STREET INTERCHANGE FUNDING
City Council Minutes of May
AGENDA BILL #150-
18, 1971
-. (TO BE MADE A PERMANENT PART OF MINUTES)
At the City Council Meeting of June 1 , 1971 , Cmn. Lewi requested an addendum to the City Council.Minutes of
minutes of that meeting.
ITEM 8-A PAGE #4
STAT.EMENT/REASON:
this ta’me, the City did not have a written guarantee that Mr. Citron, et a1 would submit a written commit- ment for future development of the plaza, for this reason Counci”1man Lewis did not feel he could vote favorably for Resolution. #1834, authorizing and dir- ecting the Mayor to execute certain documents in con- nection with the interchange.
(Wording approved by Cmn. Lewis June 22, 1971 )
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