HomeMy WebLinkAbout1953-10-06; City Council; Minutesi 9 0.
MIEJUTES OF NJ3ETJXG"OF CAWBAD CITY COUXCIL ~
Oc,to& 6. 1951
Meetlng was called to order by Mayor McClellm at ?:lo Po M. Present besides the Mayor were Cmn, Castorena, Ede and Chase, City Clerk Hagen, Public Works Director Barter, City Attorney Smith, and Solioe Chief Palkowski, Absent, Cmn. Sutton,
Cmn. Ede moved that reading of the minutes of the meeting of September lfjth, and. of the .adJoumed meeting of September 21st:, be waived. Seconded by Cm. Castorena, All ayes, motion mrried;
City Clerk Hagen read the follaoiag oorrespondsnce:
Petition signed by James PI. Whitley, J,, P. Nicholson, Plr, and Mrs. Pascual Loza, and Raymond Wilson, property omers on Tuttle Street, reques$ing reduction of 'kxttle Street from 60 feet to 40 feet 3n width, and that it be graded accordingly, The City Clerk'reported that Mr. and Mrs. Nicholson had advised him that the State will grade the street to a width of 18 feet, or to 22 feet If two light poles are removed, and that Mr. Evans; of %he Sa Diego Gas & Electrio Com- pany had &formed the Nicholsons that the poles could be moved in one day on an emergency basis, upon notice from the City, Mr. and Mrs. Nioholson were present and stated that the poles need be moved only 5 feet, but that speedy action was necessary as the work &ust be done while the gpading machinery Is here. City Attorney Smith was asked to outline procedure necessary to partially close the .street, and did
so. Cmn. Castorena moved that the petition for partial closing of - Tuttle Street be referred to the Planning Conmission. Seoonded by Em. Ede. All ayes, motion carried.
Founder's Certificate presented to the City by tbe Bogs' Club, in appreciation for its support.
Letter from the Division of Highways advising that the letter writ- ten bF Mayor PIoClellan asking conveyance .of excess parcels .of land to the City of Carlsbad has been forwarded to their Sacramento office,
hvitation from Solar Aircraft Coqany, San Diego, to attend an open house at their plant on Saturday, October 17th, from 9:OO A, M. to -3%OO .Po M., advising .that conducted tours will originate at the south gate on Hawthorne- Street.
Invitation of Stone and Youngberg, municipal -financing consultants, to attend 'open house at their rooms in the St. Fra~lcis .Hotel while attending the 55th Annual Conference of the .League of California Cities j.n Sari Francisoo, October 18-21,
Letter .from the Division of Highways enclosing jointly exeouted copy of agreement for expenditure of gas tax allocation for fisoal year 1954, making suggestions as to improvement of Elm Avenue, and asklng advice as to the Council's plans, timing for the work, -eta.
Letter from the -Office of Civil Defense, achowledging :receipt of letter enclosing Resolution adoption Operational P3.w A.
Letter from 1b8. George Getze regarding the traffic hazard caused by pepper trees 3a front +of >her property at the comer of ..Jefferson
& Grand Avenue, askug that they be removed, Referred to. the Parks, Reoreation, Beach and Tree Commisslon for their study and recomenda- tions. .
Letter from W. D. Cannon, enclosing check for $2000.00 to assist in the construction of ramps to freeway fron Cannon Road, to be re- turned to him if 110 action is taken in 90 days. Deferred until later
. in the meeting,
Letter from .Pine Tree Lumber Company requesting re-opnilng of State Street to southbound traffio. Deferred until later In the meeting.
Letter from Dorothy -Walker requesting return of $30.00 due har a's refund on business license fee', Cmn, Ede moved that Mrs.. Walker be refunded the unearned portion of her buslneas license tax. Seoonded by Cm, Chase. All ayes, motion oarried.
Police report for month of September, 1953 8 as follows: arrests, 8, accidents, 19; traffic citations, 105; general cases, 48,
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Fire Departmnt report for September, submitted by Chief B.. W. HEhrdj32, indicating over 300 man-hours were oontributed during the monbh, and three fires attended.
F3aancial' statement showing balmoe ln general fund, $121.10, traffic safety fund, $4,807.3@.
Applicatfon of Oscar 0, Cross for Certificate of Publie Canvenienoe and Nesessiw to permit operation of earticabs irt the City ,of Carlsbad. City Attorney Smith explained that James Jones 1s selling his Pellow Cab buslness to Oscar 0, Cross, operatBr of Oscar's Cab Company in Oceanside; tht the ordlmnoe provided that notice shall be published ome 3.n ,the legal newspaper and a heazing held not less than ten days thereafter; that the legal no.t;ice had not been published and there- fore no hearmg could be held 012 the application at this time. At- t;omey Wm. Daubey, representing &, Cross, explabed the reason for inmediate action 8s being due to Mrs. Jones* serious illpless. City Attorney Smith suggested that possibly an agreement oould be made be- tween the partie,s to go ahead with the tranfe subdeot to, the. outoome of the proceetilngs, so that Mr. Jones oould leave imedlately. Chief Palkowski stated that it would take about ten days for Aoompletlon of hAs report on Mr. C,ross, The City Clerk was instructed to prooeed with the publication of no,tioe setting hearlng for Octobey 20th.
Commission: -The- city Clerk read the following moonmendations from the Planning
. That the applioation of Thomas L, Crom and Elsie Crom, .et al, and the request of the Plamlag Commission, for reohssification from R-2 to B-3 of property described as the northeasterly. 88 feet of Tracts 201 and .202, Thua Lands, ad all of Block A, Palisades, exoept Lots 1, 2, 3,. ad 4, be granted. Cmn. Ede moved that a hearing be set on October :20th at 7&5 P, €4, ,to consider .tihe above applioation. Second- ed by Cm, Castorena. All-ayss, motion ~~irried.
That the application of Ikn aad Elizabeth Perkus, et al, and th& request bf fhe Plamfizg Commission, for reolassiflca.i;iarm from E-2 to B-TB of .property described as all of Tract 244, Thum Lands, except the westerly 1.50 feet, be granted. Cm, Ede moved that a hearlng be set at 8 P. M. on Oetober 20th to aonsideul the applicaticm of Dan and Eliz- abeth Perkins, et. al, Seconded by Cm, Castorena. Howqrd Bamgartner, member df the Planning Conmission, was present and explained 'details ofthe Planning Commission hearfng, stating that there was consider-. able discussion ad .sone disagreement as to whether aotion should be postponed, sboe there were neither proponents nor opponeqts present, resulting in a 3-2 vote on the mation to recomendt approval.. He stated that no protests , oral or wrltten, were received by the. Flazml.ng Com- aission. Vote on the motion:. all ayes, motion oarried.
Second reading was given pro@osed ordinance 9029 effecting reolass- iffcation from E-2 to B-1 of a portion of Tract 256, 'Phum .Lands, and a portion of Lot 2, Rancho Agua Hediada. Cm, Ede moved 'the adoption of proposed Ord&name 9029,. Seoonded by Cmn. Chase.. Four ayes, no nays, Cmn. Sutton absent; ordbarme adopted.
The City Clerk rea4 Notiae of Public Hearing ap the petition of George and Adalue Prudhomme, et al, for reclassification of property described as Parcel 5 of Traot 117, Carlsbad Laxidsg. and PQrcels I, ZJ, and 4 of Tract 115 , Carlsbad Lands, loctxted on' both sides of Elm Avenue , between the freeway and Ehwuod Avenue. Mr. Baumgartner ex-
I puirred the aation of the Pla#nlng Cammission on the matter, and the Commissfon*s recommendation was reviewed. The question was raised of whether it was the Intention of the Planning Cornmission to lnolude the State-owned property formerly owned by Owen Helton and the portion of Parcel 1 adjoining it, lying almg Pi0 Pic0 Drive between Elm and Oak Avenues. Comm, Bamgartner stated it was his belief that the Conamission had slmply overlooked the parcel. Cmn. Ed@. moved that the City Aetorney be authorized to draw up an ardinanoe reolassifying the property desoribed in the ,advertiseznent from B-1 to R-2, ad recon- mendbg to the Planning Commission that they oonsider rezoning to B-2 tihe portion'of Parcel 1 not included, lying adjacent to the property nlpw being recllassified. Seconded by Cmrr. Castorena. All.ayes, motion carried. Hayor MoClellan reminded Mrs. Prudhome that it would be necessary to have legal descrlptions of the parcels involved, before the ordinance caa be drawn, and she stated she would speak to the various 'omers in connection therewith,
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Mrs. EIarw. Larson was present and stated that Boy Scout and Girl
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Scout mothers were planning a food sale to raise funds. fof draperies and other f'urnishlngs for the Boys' Club, and had secured.pemission from the owner to use the building formerly occupied by the Health Store, but had been refused permission by the County Health Inspect- or to hold the sale in a publie building, inasmuoh as the -food would not be prepared in a County-inspected kLtchen. Sinoe the Inspector had stated that any such affair held In a club-house or ehurch would be presumed to be strictly for the membership and would be permitted,
~ she asked that Hr, Slater of the County Health Department ,be aontaot- ed for permission to hold the sale in the Boys* Club. It,was agreed that the City Clerk would telephone the County Health Department, ex- plaining the oimmstances, and asking permission to hold ,the sale In the Boys' Club, notifying Mrs. Larson %mediately of the deoision,
Cnm,. Chase requested that a memorandum of the agenda for eaoh Council meeting be prqsred, with a copy for eaoh Counoilmaul, espeol- ally aa regards the Plarming Commission reaomendatfons, so that Counoil members aould be prepared more fully to discuss them, After discussion, .it was agreed that the Cotmoil member@ should ,oom into the offhe and lQok over matters to come before the Counoll, before each mee tug ,
Referrag back to the letter from W, 13, Camcm,enclosIng cheok to be used for construction of ramps to freeway from.Cmon Boad. Hayor McClellan stated that he had discussed with Mr. Paul Eoke-and Mr. Sherwin of the San Diego Gas & Electrio Company, both lare landowners In *he area, the possibility of their participating in such a plan, and .was .adYised that they were not interested at the present time. The kyos further stated that Nr, Wallace of the Highway Department had stated that his own opinion was that oonstmctfon of' the ramp 3.n advance .of the demonstrated need for It was definitely against their polioy and he did not feel it would make any difference wmt. percentage would be contributed toward it . The ramps were specified in the agrae- meat between the County and the State of Californ$a, and +he pertbent olause from the freeway agreement was read, It was also pointed out that the ramps were shown on the map aooompanying, the agreement. Mr. Garland .of the Carlsbad Jourrzal stated that the Chamber of Commeme had reoelved a letter from Mr. EcCog stating that the Highway Depart- ment would not spend State ftusds to make accesses on private roads unless .the travel warranted It, Cm. Chase moved that the matter be referred to th City Clerk for reply to Mr. Cannon, returning the check and explaining the cir~~stagce's and advisag him tbt efforts will csontlnue if and whera it seems praotica3. h, pursue the matter, Seconded by Cmn. Ede. All ayes, motion oarried.
Mayo~.Mc;Clellan stated that Nrs. Loza had requested a proolamation dssigna~ing next week as P-T-A week, ft we3 agreed that quoh a proc- lamation be Assued.
City Clerk Hagen reported that Mr, Friad, superintendent of the Ooeapside-Carlsbad Transportatfa C~mpsrry, came oyer and $keg had dis- cussed the matter of %he bus re-routing and had traveled over both proposed routes,. with the result that Mr.. Friend stated tlpt they would work out 'ZCn and rBn routes, to be traveled on alternate burs,. one oovering the present route and the other to 2ncLude areas in the Tam- arack-Garfield area not presently.served, Hr, Friend stated, however, that he "was not yet ready to announce the change as schedules must be worked out first,., and it was decided no action was necessary until further advice from Mr, Friend,
After a IjdaI&te recess, the Counc;il was reco$veaed at 9t15 P. M.
City .Clerk Hagen reported that the engirteer froa the S& Diego Gas
by Hayor' PlcClelhn$
& Electric Company cane over to Carlsbad on Honday and together they went ov0r' the entire area west of the freeway, particubply i;rr the Tamarack and Chinquapin area, and also the northern area around. Laguna Drive, with reference to setting boundaries fur a.light2ng district. He reported that the agheer had stated it would.be some weeks before a proposal would be ready, whlclh'p~oposal would oover the ..entire area but could be reduced if desired, The englsleer also stated that $t. would be useless. to try to utilize the ltght standards on .Ga.Hield. The possibility of inoludlng the two Ughts in the Chestnut Aveiwe ' underpass lrrr the oontraot was disoussed'.
Cm, Ede mxnp3lmented the Carlsbad Journal on the breakdown on the tax rate whloh was publisbd, stating he felt it was of much benefit to readers,
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The question of storace space for the palice and fire equipnent
was brought us, clso the mtter of bezutifying the City Yall'grounds by ptltting a sidewlk in the front and XE~, viith scme planting in the front area, pogsiblg eskilrg the Garden Club to azsist with sone plants, etc. Cmn. Chase estimted that' cost of the concrete work would be i$O.SO to $70.00. Srm. Edehoved thet the Council authorize the expenditure of the amount necessary to canstruct t,iw sidewalk 2reas, front and rear of the City 3~11 building, estimated et ;:65.00 to $70,00. Seconded by
Cmn, CGstorem. ,,11 ayes, sotion carried.
Cmn. Chase reported that the Police Department hcs off'ered to sup-
- ply labor to >?int the building if the paint can be secured. The Mayor conplimented the Police Department on this proposal, and it mas agreed
that it should be gratefully accepted.
. . Cm. Ede r.ead a letter, written to-:Bruce Smith by Edmund Brown, Attorney General, asking for information regarding the present status of the incorporation litigation, for the .information of the Controller.
' Cmn. Castorena reported that he had 'been assured by the Chiefs of both Police and Fire Departments that as soon as it is. ddfinitely settled as to where the equipment will be housed, both vol'unteer de- partments will contribute their share towards construction of the building.
Cmn. .Castorena reported that the two breather masks, authorizeti and ordered by the City Clerk for the Fire Department, were a necess- ity in fighting fires such as the recent one at the Carlsbad Rotel, even though the equipment my be unused for months at a time. After discussion, Cmn. Ede moved that the Council authorize the expenditure of the cost of the breather masks, of approximately $220.00 each. Seconded by Cm, Chase. Cmn. Chase stated that Mr. Cannon had offered to help the Fire Department in some wag and this might be an instance where his assistance could be used. The City Clerk Stated that the Civil Defense will take ,care of one-half af the expense of %he masks. Vote on the motion: all ayes, motion m~rr86d.
Cmn. Castorena reported that the Fire Department survey has not as yet taken place but will get under way as SOOD, as the uniforms are all received, the boys working on the 50-50 matching basis as author- ized by the Council, Mayor McClellan reminded the City Clerk to check on. the application to the Bureau of Fire Underwriters as soon as the hose arrives, a's to progress toward a higher classification,
he and the Chief had gone to San Diego and discussed with Lieutenant 'TAlhitney of the Sh8frif'S office the matter of a communications system for the Carlsbad Police Department, which would .tie Carlsbad into the SySt8~l.With all other cities in the CoUgtr, and stated that Lt. Whitmy was .sgxIous to get Carlsbad into the system as the Police Department could then ~~-0perat8 and be of assistance to the Sheriff'* s ..Department. Chief Palkowski pead 8 letter which he had addressed to Cmn, Cabtorema, to be presented for Council consideration, explaining details and giving estimated cost of the installation of the teletype -- $30.00 for install- ation, wh$&h would be done by the telephone company, and a monthly charge of between $25.00 and $30.00 -- and also outlining advantages to the Department of the County-wide hook-up. He stated the installation b#! .$$# f$/elff$d 4s 6~4 could be made within 60 days, in connection with an 'installation to be made. in the Sheriff's Vista Sub-StatPon at the same time, After discussion, Cmn, .Ede moved that the Council authorize the installation of the teletype as outlined by Cmn. Castorena and the Police Chief, and that City Clerk Eagen be authorized to enter into any necessary negotiations to accomplish same!, Seconded by Cmn. Castorena, All ayes, motion carried.
serves in the Police Department, making a force of 19 men, two pieces of equipment in the Police Department, apd, two in the Fire Department in the near future; and suggested that Cmn. Chase and Cmn, Ede begin working on the matter of housing the equipment. He stated- that the two Chiefs ha~e-~thoroughlp agreed- that the two departments be consoli- dated, as in -that wag it will be possible to eve the City both fire and police protection 24 hours per day, He commented that among the reserve personnel %here are some geople in the building trades who could be of' help in the raatter. It was suggested that perhaps it would be well to
engage some architectural service to make a s$uQg of the Cf%y*S needs
Reporting on the Police Department, Cmn. Castorena stated ,that
Cmn, Castor.ena reported that at the present time there are 15 re-
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and design some plans.; . and. that .in. the..maantime the two Chiefs get together and draw up. a roogh. .sk&tchhof their needs and prese~t if for c onsiBsa83&rDn
City Attorney Sqith, reporting on the Patterson lawsuit, stated that Judge Momroe handed down a decision that sustained the validity of the answer that was filed by B'Melvany lk Myers as to three of the four defenses. He stated that it shauld bg only a' short time before the case comes to trial.
City Attorney Smith reported that on September 3rd a letter was written by Bert McLees to the Sanitary District advising that he felt no action should be taken on the disposal plant until all suits were settled. The City Attorney stated that he had talked to Judge Monroe regarding steps to get a disposal facility, and it was concluded that both parties (the Sanitary District and the City of Carlsbad) should file simultaneous but separate proceedings, .and then no matter .how the . suit is decided, one of the proceedings will stand.
Mayor McClellan reported that Dr. F8irchild is very anxious that the County Board of Health be istcluded in the picture. He proposed that a joint advisory committee be. set up; with one member of the Coun- cil, one member ,of the Sanitary 'Board, and he representing the County Board 02 HeBlth. Cmn. Chase reported that such..an advisory committee had been set up, consisting of seven member, subject to CounciJ ap- proval, and that a meeting will be held Wednesday evening to whbbh Mr, Byrl Phelps had been invited and was coming. Members of the com- mittee &# $ were named as follows: for the City, Huston Tucker and Chas, Trygg, with Cmn. Chase 8s the Council member; for the Sanitary 3oard, Geoqge Grober and W, H. Martln; and for the County Health Board; Drs. Fairchild and Wigson. Cmn., Chase stated it was the gen- eral opinion that more than one engineering firm's ideas should be secured. After discussion, Cmn. Castorena moved ,that Cmn. Chase be instructed to participate on the proposed committee, with Huston Tuc- ker and Charles Trygg as members. Seconded by Cmn. Ede. All ayes, mo- tion carried, The Mayor suggested that all members pass along to Cmn. Chase any suggestion they might have.
The letter of Pine Tree Lumber Company regarding re-opening of State Street to southbound traf.fic was reviewed, and it was commented that at the time the Chamber of Commerce plan was being discussed, this company o,bbjected to it. Referred to the Planning BoMmission. It was suggested that the Police Chief be brought into the discussion as to the tradffic angle,
Cmn. Chase- reported that a temporary solution to %he Lincoln Street drainage problem had been worked out which would cost in the neighbor- hood of $350.00, with Leo Williams and Don Hubbard bidding on it, Mr. Barter.. outlined specifications for the job, which would be a sump with a 6* or 8" pipe leading from the .sump to prevent clogging. He stated that both bidders were bidding on the same design, and that one bbd "had been received so far. The City.Clerk stated that he assumed Traffic
'" Safety Funds could be used for the .work.. . After discussion, Cmn. Ede Mooed that the Council Authorize City Clerk Hagen to award the bid, in consultation with Cmn. Chase. Seconded by Cmn. Castorena. All ayes, motion carried,
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City Clerk Hagen reported that the County Health Board has been no- ,ed by letter, with copy to Fr.anklin Lillie of Oceanside, that the cities had agreed to put up the &OO.OO~estimated cost of corrective measures on gnat infestation, but that nothing further had been heara from the County. The matter of spraying for flies has not been taken
UP With them.
Cmn. Chase reported that the State, although refusing to convey the exce8s parcels of land along the west side of the freeway to the City, as requested, had made alternate. proposals as follows: . (1) they would grant an easement of only the portion needed for a read, across State-owned property, provided the City would arrange for construction of the balance of the road within a definite time; or (2) they would
de-sacs at the ends of the longer streets, such as Laguna Drive, acquir- ing sufficient property to build such turn-arounds on the narrower streete in return for the City's accepting Pi0 Pic0 Drive. A letter was read from Col, 8. M. Smith, who was responsible for initiating the project while he was a member of the Planning Commission, recommending that the- City accept the cul-de-sac offer. Mayor acCle1lan added that the plan must & accepted and the work done immediately 89 it would have to be
&$id$ $6 BBd4dddf Bt'B#W $$4 hbf$Zdd/db8Pdd tbr" & f84846 construct CUI-
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done under an addenda to .the. State's.. contract with Bressi & Bevanda , After considerable discuss.i.on, ..Cmn, Ede ... m0ve.d. that Cmm Chase be authok- lied, with the assistance:..of. the.. Citg. Clark.. and.. Director of Public Works, to bargain with the Division of Highways to construct the cul-de-sacs proposed, indicating that it is the City's intention'to accept Pi0 Pic0 Drive provided it is acceptable to the Director of Public Works as to construction, and 'to the Chief of Police in regard to traffic safety, Seconded by Cmn, Castorena, All ayes, motion carried, Mayor McClellan added that Mr. McCoy's letter outlining the proposals stated that It was contrary to their policy and ,authority: to give away parcels of land for which they had paid right-of-way funds. It was suggested that the City Clerk telephone Er, Wallace at once, advising him of the action taken, so that he or someone he might designate could get together with Can. Chase and work out details on the matter.
Mr. Ewald reported that he and City Attorney Smith had an appoint- ment next week to work on the sign ordinance, and hoped to have some- thing to present at the next Council meeting.
On the matter of the water connection at the Chestnut Avenue ped- '2 estrian .underpass, City Clerk Hagen reported. that the Water Company will
C .J ,j probably install a blow-off there.
"c '2 Mayor protem in the matter of signing documents, etc,, for a few dags during his absence for a checkiup, Cmm Ede stated he would, and Crnh+ Chase moved that Cm, Ede act as Mayor during Mayor McClellan's absence. Seconded by Cmn, Castorena. Three ayes, one nag, motion carried.
There being no further busimss to come before the Council, Cmn, Castorena moved for adjourment, seconded by Cmn, Chase,, Meeting'ad- journed at 11:OO P,. M,
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1-1 Mayor NcClellan asked if Cmn, Ede would .be available to act as
Respectfully submitted,
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.. &f$? 4 J" L L.&:{-,.w
GO EDWARD G, HAGEN, {' City Clerk
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MINfJTES OF MEETIRG OF CARLSBAD CITY COUNCIL
October 20, 1953
Meeting was called to order by Mayor McClellan at 7:OO P, M. Present besides the h9apor were Cmn, Ede, Castorem, 'Sutton, Chase, City Clerk Hagen, Building Inspector BvaId, City Attorney Smith, Police Chief PalkOwSki
CJlzrs. Ede moved that reading of the minutes of the meeting of Oct8- ber 6th be waived. Seconded by Cmn, Castorena. All ayes, motion car- ri ed e
City Clerk Hagen read the following correspondence:
Letter from T. .Me Hegglaad enclosing oopg of letter sent to other cities of the County advising of the inftia1 steps taken to include the City of Carlsbad in the county teletypewriter aetwopk; and stating that if the other participants' respond favorably, form of agreement will be forwarded for action by the City Council.
Letter from Moose Lodge Xo. 1325, Oceanside, extending invitation to attend their fifth anniversary celebration on Sunday, October 25th, at 3:OO Po M., to be rollowed by buffet dinner and entertainmeat. Coun- cilmen were asked to take note.
Letter from the Atchisoq, Topeka & Santa Fe Railroad enclosing CQpie8 of lease covering portion of railroad property between Elm and Grand Avenues to be used for proposed off-street parking'plan, and advising 'that there .will be no money involved, Deferred until later in the meeting
Letter from the Women's Club, asking that the City Council take actio on cleaning of vacant lots at the mer's expense. To be discussed later,
LetteP from Ray C, Clark, whose car was damged by a falling limb at State a@ Grand on October lst, asking .what the City would do in regard