HomeMy WebLinkAbout1972-02-01; City Council; Minutes,
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CITY OF CARLSBAD COUNCIILMEF
Meet.i ng of: CITY COUNCIL (Regular Meeting) Date of Meeting: February 1, 1972 Time of Meeting: 7:OO P.M. Place of Meeting: Council Chambers
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1- ROLL CALL: 7:OO P.M.
2- INVOCATION was offered by Mayor Dunne.
3- PLEDGE OF ALLEGIANCE:
4- A.PPR0VA.L OF MINUTES:
(a)' Minutes of the regular meeting held January 18, 1972 were approved as presented.
Councilman Jardine requested that the section of the vehicle code quoted by him regarding unlighted bicyc:le at the meeting of January 18, 1972, be inserted into the minutes of that meeting.
5- COUNCIL COMMITTEE REPORTS:
[28] (a) Ad hoc Water Committee. Councilman McComas reported on a meeting that was held between the ad hoc Water Committee and the ad hoc committee from CMWD. H stated discussion was held regarding a proposed oper- ation and maintenance agreement and an agreement would be prepared as a first draft to be presented to the joint City-CMCIID ad hoc committee.
[55] (b) Garbage and Trash. Councilman Jardine
reported that the City Attorney had sent a communica,- tion to the IRS regarding the legality of the rate increase for commercial pick-ups. He stated that the City Attorney did receive a response from the IRS stat ing this increase is. permissible under the Phase I1
guidelines so that the increase is in order.
[941 [25] (c) Autc Center.and La Costa. Councilman Jar- dine reported that there have been no meetings as a committee on the A'uto Center and La Costa Annexation.
[37]. (d,) Quarterly. Newsletter. Councilman Jardine stated he met with the .City Manager regarding the quarterly newsletter. The Mayor inquired of the repre sentative of the Carlsbad Journal .if she would check with the Editor and Manager of the Journal to locate the old file on the newsletter and ask him to contact Councilman Jardine.
[78] (e) Status of Nuisance Ordinance. Councilman Castro inquired of the Planning Director as to the status of the nuisance ordinance and he was informed by the Planning Director that this matter had been referred to the Planning Commission for study and a public hearing. He,stated the Planning Commission was not satisfied with the proposed ordinance and requeste the staff-to study it further. Councilman Castro stated he would like this matter resolved as.quickly a possible and would like to see it returned to the Council at the earliest possible date.
[28] (f) Mayor's Youth Committee-. Councilman Lewis I
~ stated at the last Mayor's Youth Committee Meeting,
~ discussion was held regarding the Youth Governmental
~ Convention to be held in Wastiington, D.C. He stated
! they have expressed a desire to be represented at that I
~ convention and would like'council approval. It was agreed that research should be done to determine if there are funds available for-this purpose. Also, Mr. Lewis stated he would have more information on
this matter and would present it at the next meeting.
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February 1, 1972 .C. F -
6- HOUSING AUTHORITY:
[105] The Council adjourned to the Housing Authority at 11:20 P.M. and reconvened to the Council Meeting at 11:40 P.M. with all Councilmen present.
7- PUBLIC HEARINGS: 7:30 P.M.
The Hour of 7:30 P.M. having come and gone, the Mayor declared t.he Pub1 i c Hearings open at 7:40 P.M,,
[w (a) Agenda Bill #643. Proposed amendment to Section 1612 of Ordinance #9060, and Section 21.46.1,30 Chapter 21.46 of Title 21 of the Carlsbad Municipal Code, regarding Walls, Fences and Hedges.
The City Clerk presented the Affadavit of Publication and read a letter received from Mr. C. C. Ksycewski :I 2435 Stromberg Circle, Carlsbad, regarding nuisance ordi nance.
The Mayor announced the Council would like to hear fror anyone who wished to speak in favor or in opposition to the proposed amendment.
Mr. Bi 11 Brendell , 3225 Sandy Place, Carlsbad, inquirec regarding the size of fences.
The Building Inspector explained that the primary rea- son for the amendment was due to the fact that the existing section to the Ordinance was inadequate and the proposed amendment allows more realistic use of th side yard.
Since there was no one else who wished to be heard, the Mayor declared the Public Hearing closed at 7:48 P
FollowinSd.'discussion, Resolution NO. 1945 was offered for adopt'$ on.
Resolution No. 1945. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD ANNOUNCING FINDINGS AND DECISI REGARDING THE PROPOSED AMENDMENT TO ORDINANCE NO. 9060 SECTION 1612, AND CARLSBAD MUNICIPAL CODE TITLE 21, CHAPTER 21.46, SECTION 21.46.130 WALLS, FENCES OR HEDGES, was adopted'by title only and further reading wai ved.
The following Ordinance was offered for a first readin
Ordinance No. 9291. I AN ORDINANCE OF THE CITY OF CARLS BAD AMENDING ORDINANCE NO. 9060, SECTION 1612, AND CARLSBAD MUNICIPAL CODE TITLE 21, CHAPTER 21.46, SEC- 8 TION 21.46.130 WALLS, FENCES OR HEDGES, was given a first reading by title only and further reading waived
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February 1, 1972
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11131 (b) Agenda Bill #644. Proposed amendment to thc circulation element of the General Plan, and adoption of a Specific Plan for Grading. Applicant: Bernard Citron.
The City Clerk presented the Affadavit of Publication and announced’ that no correspondence had been received’,
i The City Engineer stated that a supplement to ABH644
had been distributed to the Council and proceeded to explain the proposed plans submitted by the applicarlt depicting the area involved by referring to the map l exhibited.
I Mayor Dunne called for’a five minute recess at 8:OO ?.)
The Council reconvened and the Mayor announced that thc Council would like to hear from anyone wishing to speal.
on this matter.
In opposition:
Sue Richardson, 175 Heritage Street, Oceanside, member
of the North County Ecology Action Committee.
Mr. Donald Briggs, Jr., 4115 Sunnyhill Drive, Carlsblad spoke in opposition to all filling of lagoons and stat ed that he would like the City and the applicant to investigate this area before any further filling is done. He stated he believes this area to fall within the domain of the State of California as “title waters and that he did not feel the Council had the authority to grant the applicant permission to fill this area. I Also making certain comments and inquires were the following persons.
Mr. Phi 11 ip Stanbro, 1801 Avocado Road, Oceanside, stating b,~ would like to see some changes made and would be opposed if the. entire lagoon area were to be filled. He discussed with the Council; the discharge out of Hosp Grove, the width 6f the channel and the alignment of Marron Road.
Betty Wollrich, Chairman of the Parks and Recr.eation Commission, inquired if any preservation for B trail or parkway through that area had been made in conjunc- tion with the County.
Mr. Robert Glomb, 3980 James.Drive, Carlsbad, requeste and received clarification of what is being done in th area, and a comment’was made by a Mr. Stromberg rela- tive to grading.
Since there was no one else who wished to be heard on this matter, the Ma.yor declared the Public Hearing closed at 8:40 P.M.
Discussion was held by the Council regarding the pro- posed amendment and specific plan and in regard to the comments made by Mr. Stanbro and Mr.-Briggs, the follc ing action was taken: 8 !
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February 1 9 1972
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The City Engineer was in.structed to contact Mr. Stanbr regarding the matter of State Gas Tax Funds and a.ny other questions he may have. Further, it was pointed out by the Council, for Mr. Stanbro's information, tha there is no specific alignment of Marron Road from any other point than whe.re Marron Road crosses Jefferson Street.
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Further, the City Attorney was instructed to investigatc I the matter of "title waters", as suggested by Mr. Brig& B
The following Resolution and Ordinance was offered: I Resolution No. 1946. A RESOLUTION OF THE CITY COUNCIL 1 OF THE CITY OF CARLSBAD AMENDING THE CIRCULATION ELE:MEN OF THE GENERAL PLAN BY ADDING AMENDMENT NO. 3, was adopted by title only aRd further reading waived.
Ordinance No. 9292. AN ORDINANCE OF THE CITY OF CARLS BAD ADOPTING A SPECIFIC PLAN FOR GRADING ON PROPERTY LOCATED EASTERLY OF JEFFERSON STREET, SOUTHERLY OF STATE HIGHWAY 78, AND NORTHERLY OF THE PROPOSED MARRON ROAD, subject to approval by Vista Sanitation District and the Joint Advisory Committee of the Encina Joint: Sewerage Agency, was given a first reading by title only and further reading waived. 1
[I011 (c) Agenda Bill #632 (continued from 1-18-72) Application for a permit to operate three (3) taxica.bs within the City of Carlsbad. Applicant: Satellite Charter Coach Inc., dba Oceanside Yellow Cab.
The Mayor announced that this matter was continued frorr the last regular meeting to allow time for the City Manager to check with the City Manager of Oceanside to determine if they would allow Avocado Cab a permit for pick-up service in .Oceanside and also to allow the two cab companies time'to form a mutual service agree- ment: ),;:
The Mayor indicated the Council would like to hear fro
persons wishing to be heard on this matter.
Mr. Gabriel Lubelle, Manager of Oceanside Yellow Cab, informed the Council that the City of OceansiGe has granted Oceanside Yellow Cab Company an exclusive fran chise, which became effective January 1, 1972. He further stated he was not aware of this when he appear before the Council at the last meeting. Also, Mr. Lubelle stated he had previously contacted Avocado Cab
Company and it was determined that the differences between the cab companies could not be resolved. In answer to an inquiry from the Council, Mr. Lubelle in- dicated that Oceanside has granted his company a five (5) year franchise with option for five (5) more years but that he was not certain that during this period of time their rates would remain the same as they are nolrY
Mr. Keith Eveland, Manager and Operator of Avocado Cab Company, ma+ntaini.ng an offfce in Vista stated until this week when he received a letter from the City of Oceanside, he did have partial pick-up service in Ocea side covering the area around Tri-City Hospital --
~ from Lewis Street, Oceanside , to Highway 76 to College 1 but the letter received from Oceanside now prohibits this service. Further, he stated as of July, 1971, 1 due to the cost of wages and overhead, he had to close 1 the Carlsbad office
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February 1, 1972
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Others wishing to be heard were: Cleon O'Brien statin: her. opposition to any company with exclusive franchise and Mr. Richard Goodwin, 3240 Canyon Drive, Carlsbad- stating that under the franchise with Oceanside, Yellov Cab is required to furnish new cabs every year.and .if they are granted permission to operate in Carlsbad, this City should require the same to avoid inheriting the castoffs.
During discussion by the Council, it was pointed out that Avocado Cab Company is operating from the City of Vista and pick-up time would be at least 15 to 20 min- utes; also that Avocado Cab Company has considerably lower rates than Oceanside Yellow Cab.
It was agreed by the Council that the City study the cab service now existing in the-City of Carlsbad for a period of six (5) months, and that this application be denied for the following reasons: t
1. That it appears there are a sufficient number of taxicabs in the City to service the public fully. 2. That the schedule of fares or rates does not appear to be fair and equitable.
11141 (d Agenda Bill #588. (referred to Planning Com- mission 12-7- roposed amendment to Ordinance #906( revising tit1Z'Af :one from P-c Zone to PRD Zone.
The Planning Director stated that this matter is st-ill under consideration by the Planning Commission and re- quested a continuance until such time as the Planning Commission is prepared to present specific recommenda- ti ons :
It was agreed by the Co'uncil that this matter be re- moved frp,@ the agenda until such time as specific recommenditions have been prepared for presentation to the Counci 1.
E203 (e) Agenda Bill #589.;lcontinued from 1-18-72) Alledged nuisance located at 2741 Crest Drive.
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The Dir.ector of Building and .Housing reported on the
progress being made by the prospective property owners at 2741 Crest Drive and stated that all serious nui- sances have been abated from the property to his satis faction with the exception of a building which must be removed from the premises. He stated there are now two existing buildirlgs on the property; one that has been raised for a foundation which can be brought to code and which will be used solely for storage. The ,other building must be removed. He further stated he did not feel the prospective property owners should be
I expected to do. this until the close of escrow since
~ they have assumed the project of abating the property 1 without actually owning it. He stated the prospective i property owners have agreed to remove the building as
~ soon as the escrow closes and that the escrow will
i close upon the resolution of a slight legality.
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ITY QF -6- CARLSBiqD
February 1 , 1972 e-r" -. - I 4- "ezrr .~ "%
It was agreed by the Council that this matter be con-- tinued to the regular meeting of the City Council to . be held April 4, 1972.
[lo71 (f) Agenda Bill #538 - Supplkment #3 (continued from 1-18-72) Request for vacation of Lot "E" (Alder Avenue). Carl sbad Manor.
Councilman Jardine reported that he had been working on this matter with Dr. Packard and Mr. Briggs, along with the City Engineer and the City Attorney and that the matter has been reduced to a suggested vacation pr cedure for Lot "E". He further stated the suggested procedure had been distributed to the Council prior to the meeting, for their 'review.
It was agreed by the Council that the interested par- ties prepare the documents as outlined in the suggest- ed procedure and following their approval by the City Attorney, the Council will proceed with the vacation of Lot ''E".
Councilman McComas stated his abstention remained for reascns previously stated.
[113] (9) Agenda Bill #553. (continued from 12-21-71 An appeal of the decision of the Planning Commission i denying a request for zone change from R-P to C-M on
property lying on the westerly side of Roosevelt St., south of Laguna Dr. and north of Beech Ave. Applicant Frances Peachey Reese.
The Planning Director stated this matter is presently under stud.v as directed by the City Council and it is his feeling that action at this time on this matter might be detrimental to the planning presently under study by the staff which encompasses the entire surrou ing area o.f this property.
Mr. Nick Sauer, 2965 Roosevelt St., attorney for the applicants, requested to be heard by the Council and1 reiteu'ated the problems of the applicants regarding this property with reference.60 -leasing, building anld financing. He stated the matter of a CUP had been d,is cussed with the City Manager and it was felt that this
procedure would be inapplicable as a remedy t6 this problem. Further,' he..urged the Council's approval of:
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' this request.
Discussion was held by the Council regarding the pro- posed use of storing heavy construction equipment on the property if the 'change of zone were granted and a suggestion that the applicant's reapply with a request reversing the request to R-P for that portion of pro- perty which is not now zoned R-P. Following further discussion, it was agreed by the Council that this request be 'denied.
I Resolution No. 1949. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CA.RLSBAD DENYING APPEAL FROM DECISION 8 OF THE PLANNING COMMISSION REGARDING CHANGE OF ZONE FROM R-P to C-M (Comniercial Industrial) was adopted bj title only and further reading waived.
Th-is request was denied for the following reasons:
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1. To grant this appeal would be to grant an
increase in a zone which possibly is not compatible with the forthcoming plan for the area.
2. The general unsettled acceptance of the pro- perty owners surrounding the area, including Buena Vista Circle.
8- DEPARTMENTAL REPORTS:
A. Building Department.
L741 1. Agenda Bill 8646. Req,uest for secretar5.a
rep1 acement funds .
Authorization was given for the transfer of $566.00 from the General Fund Balance to Account H1-118-1 .O, to cover the cost of training the new secretary for a. period of one month for the Building Department, as requested by the Director of Building and Housing.
~301 2. Agenda Bill $647. Request for car, allow,
ance in lieu of car.
The Director of Building and Housing-requested that cor sideration be given to permit a car allowance for a private car in lieu of a city vehicle, due to the fact that a great deal of the department's time is spent in investigation of housing, code enforcement and zoning violations. The amount of $110.00 per month was re- quested, to include insurance and repairs.
During discussion, it was pointed out that there was not a Council Policy established as to vehicles used by City Employees. The City Manager was instructed to draft a policy for the,Council's review at the next regular meeting. ,-
I 4 It was agreed that the proposal submitted by the Direc
tor of Building and Housing be approved effective March'l, 1972 thru June 30, 3972 and that funds be authorized in the amount of $.flO.OO per month to be transferred from the General Fund Balance to Account
#1-118-3.0.
B. Engineering Department.
c1101 1. Agenda Bill 8645. Approval of change orders 81 and 2 for Contract. #lo00 - Schedule #1, r'e- garding Water Systems Improvement Project.
The City Council ap'proved change orders #1 and 2 for Contract #lo00 - Schedule #1, and authorization was given'for the payment in the amount of $19,119.69 from Account HW-2002.
C931 2. Agenda Bill #648. Request for permissio to sewer through private easement and waiver of Cit,y front foot changes for connection to sewer on property located at 1319 Tamarack Ave. Owner: Mrs. Elizabeth Barber.
Permission was granted Mrs. Elizabeth Barber to sewer the property at 1319 Tamarack Avenue through a private easement and city front line sewer changes were waived as recommended by the City Engineer.
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February 1, 1972
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C961 3. Agenda Bill #649. New Traffic Control Devices. (Information onr
The Agenda Bill indicating new traffic control devices was acknowledged as being for information only.
C. Planning.
E991 1. Agenda Bill #650. Approval of tentative map for property located between Monroe and Blenkarrle to be known as Buena Woods Subdivision, Carlsbad Tract #72-1.
The Planning Director reviewed the background on this tentative map and pointed out that it was not a part of the Hosp Grove Plan.
Mr. Richard Goodwin, 3240 Canyon Street, Carlsbad, requested to be heard by the Council. Mr. Goodwin stated he and six other property owners did not receiv
notification of the Public Hearing held by the Plannin Commission and inquired as to the legality of the Hear Also, wishing to be heard by the Council was Mr. Beery 3160 Canyon Street who addressed himself as the proper ty owner abutting the proposed development. He stat,ed those who did not receive notice were opposed to the development because they did not know what was being proposed.
Discussion was held and the following Resolution was offered for adoption:
Resolution No. 1947. A RESOLUTION OF THE CITY COUNC.IL OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAP OF BUENA WOODS-SUBDIVISION, KNOWN AS CARLSBAD TRACT 71-2, was adopted by title only and further reading wai ved.
EXEGUTIVE SESSION: Mayor Dunne called for an Executive Session at 11:20 P.M. for the purpose of discussing personnel and legal matters. El 061 * The Council recon.vened at 11i55 P.M. and the Mayor
announced that personnel and legal matters were dis- cussed. He stated a decision had been made for the appointment of a new committee to study the CATV pro- posals and announced the committee would consist of: Mayor Dunne, City Manager, City Attorney; Purchasing Officer and Dr. Howard Harmon.
The City Attorney stated with reference to the questio posed by Mr. Goodwin' (Agenda Bill #650) that the staff notifies property owners rega.rding public hearings by
mail and that property ownership lists are obtained by use of the tax rolls sent from the County Assessor's Office, which i.s considered the most up-to-date list available. It appears from all indications that those who were not notified did not appear on the tax rolls. He further stated that a notice of public hearing was published in the paper by the Planning Commission and that individual mailing to property owners more than satisfies the legal obligation of the city.
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a CITY OF CARLSBAD 68hdMCil,f,’”EF
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A presentation was made to the City Council by Betty Wollrich, Chairman of the Parks and Recreation Corn
Following numerous questions and lengthy discussion regarding the proposed plans for development of parks the City Council approved a one mill ion ($1 ,000,OO dollar parks and recrea‘tion bond issue to be submi to the voters on June 6, 1972; that’bohd counsel and bond consultants be employed and that proposals for their employment be submitted to the Council for
Approval of Minutes. Approval was given the minutes of the Adjourned Joint Meeting consisti’ng of the City Council, the Planning Commission, Parks and Recreation Commission and the County of San Di held January 19, 1972.
E. Public Works.
Resolution No. 1942. A RESOLUTION OF THE CITY C0UNC:IL
QUIREMENTS AND RECINDING RESOLUTION NO. 1908, was adopted by title only and further reading waived.
Mr. Mischa Rader,3580,GBrfield informed the Council that the contractor for trash collection had been charging’him the increased rate prior to November 14. when Phase I of the Presidential Freeze on Wage and
Price .Control was 1 i fted, and Mr. Van Ort, owner of
into this matter.‘
OF THE CITY OF CARLSBAD SETTING REFUSE COLLECTION RE-
CONSENT CALENDAR:
A. Correspondence - Advisory. - None. B. Correspondence - Referral. - None.
10- CURRENT BUSINESS:
[481 1. Agenda Bill 8629. - Supplement 81. .- General Municipal Election.
Resolution No. 1948. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND APPOINTING OFFICERS OF ELECTION
FOR THE RESPECTIVE VOTING PRECINCTS, was adopted by title only and further reading waived.
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February 1, 1972
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tw 2. Agenda Bill #653. Policy regarding use 01 Counci 1 Chambers.
Discussion ensued regarding the use of the Council Chambers by civic groups. The City Clerk stated that the terms of the Joint Powers Agreement between the City of Carlsbad and the Cai-lsbad Building Authority should be considered in establishing a policy for the use of the Council Chambers.
The City Manager' was instructed to draft a policy for the CQ ncil's consideration, as to the use of the Counclr Chambers.
ADDITIONAL BUSINESS:
[113] (a) Zoning Violations. Upon inquiry, the City Attorney reported on the status of the zoning viola- tion on the Vickery property.
[77] (b) Premature Development Criteria. Mayor Dunn stated that this matter should be presented to the Council at the next meeting in capsule form and the C.P.O. should be informed as to the City's position regarding this matter.
I [82] (c) Army & Navy Academy Beach Access. Attorney reported that he had spoken. Glith Col. The Atkin- Ciity I son of the Academy, on this matter but that no commi't- ment had been made by the Academy. He further stated he had researched the matter but requested two more weeks of research before reporting. It was agreed that the C.ity Attorney present a report at the next meeting.
[821 (d) X-Fated Movies. Mayor Dunne stated that an Ordinance would be presented at the next regular
meetin,g for consideration of outdoor movies rated "X".
1451 (e) Car Dealer's Agreement. The Mayor inquired regarding!.;:the status of the car dealer's agreement and was informed that the City Engineer is to provide some cost data before the agreement is drafted.
[lo21 (f) Intersection of JiFferson St. and Laguna Dr A short discussion was held regarding the intersect= of Jefferson St. and Laguan Dr. due to a number of accidents that have occurred .at that location and it; was determined that this matter would once again be placed on the Traffic Safety Commission's agenda.
[102] (9) Tamarack off-ramp. The City Engineer re- ported he had received a reply back from the Division
of Highways regarding the hazard at the Tamarack off-r
11- RATIFICATION OF BILLS AND PAYROLL:
Ratification was given for the, payment of bills for the General Expenses of the City in the amount of $60,482.56 and for the Water Department in the amount of $1,891.01 for the period January 16, 1972 thru Jain- uary 31, 1972, as certified by the Director of Finance and approved by the Auditing Committee.
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February 1, 1972
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Ratification was given for the payment of the payroll in the am0un.t of $60,605.13 for the period January 1 1972 thru January 31, 1972, as certified by the Dire
of Finance and approved.by the Auditing Committee,
12- ADJOURNMENT:
oper .motion, the meeting was adjourned at 12:42 .
Respectfully submitted,
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