HomeMy WebLinkAbout1960-08-02; City Council; MinutesI I ' '\'.'" ., '\", ', '\ '* i CITY OF CARLSBAD : Minutes of: City Council i Date of Meeting: August 2, 1960 i Name ",'?$, ',"& I Time of meeting: 7:OO P. M. : of : Place of Meeting: Couniil Chambers i Member ,o\@\,pp\,c ~~.""""~"""""~""~"""~""""~"""""""~*""*-~~."--~"~"~~~~~~-~~-~~~-"~~~~~~~~~- *I
i ROLL CALL was answered by Councilmen Guevara, 1 tl#:l i Bierce, Sonneman, McPherson and La rtoche. Also I ;I, I
: present were City Manager Slater and City Attorney Haye& :I:;;
i INVOCATION was offered by Councilman McPherson. i ::I::
i APPROVAL OF MI[NUTES: I :::a,
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I a. The minutes of the regular meeting of July 19, ! Guevara : ; ; $ ;
I I : Sonneman ; : i xi :
I I I McPhersoni :xi x I
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1 I i 1960, were approved as corrected. I Bierce :xi :x i
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: La Roche I : : xi ;
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I a. Parks and itecreation Commission. Letter I :::a, i dated July s she Parks and i I Recreation Commission requesting that an effort be made: ::e:; i to obtain a portion of the Hosp Grove for a park site. :ti::
;I:* : Also that consideration be given to the acquisition of a : ;;!)I
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i park site in the southern section of the City for the use I 11;:: : of the Terramar residents and others as that area is I ii:::
I 11:tI : developed. The City Manager recommended this matter i I;;!; i referred to the City staff for study and report. I I i::::
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I b. Terramar Association, Letter dated July 26, i ;:::I 4:;
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I C. Sewer extension agreement. Letter dated I' It::;
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I d. Request for sewer connection. Letter dated i i:ll /::~
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: 1960, from the president of the Terramar Association, : i requesting that a site in Terramar be considered serious4 !I: :I :I 1 ly for a park. The City Manager recornmended this lette2 ; referred to the City staff for study and report.
I July 22, 1960 from Robert A. Brifhart, 2300 Olive Drive,! 4::; i requesting a sewer refund agreement covering a portion i i of a sewer extension project which he is now paying for : :;::I : at 231 8 Olive Drive. The Council was advised this matte$ ::iii I has been considered by the Ehgiu eering Department, and: : they recommended that such an agreement be entered i I:::! I into with Mr. Brilhart. By common consent it was agreed 1::~l I that the City Attorney prepare a refund agreement for i i this sewer extension.
I July 24, l%O from L. W. Rotchkiss, requesting the ; Guevara : :xi xi ~ i approval of a sewer connection for property located at : Bierce ix i :x: ~ : 3305 Valley St. The Ehgineering Department recommend; Sonneman : : !xi I : ed approval of this connection. By proper motion the i McPherson: : i x; ~ i request was approved by the Council, ; La Roche i i :x: ~
i OBAL COMMUNICATIONS:
I 1:: : MR. CLAUDE HELTON, 2760 Arland Road, stated he i tal,
i was building a house for Mr. Mulqueen at 2630 Garfield. i ;I::
I The Planning Commission granted a 45' variance on this : ;I,*# : property due to the fact this lot is a pie-shape lot. The I ::I: i lot has an actual frontage of 80r and is located on the I ::I:
: ease side of Garfield Street. As there are no sewers on i ;::i i Garfield they were granted permission from the Army ; l;;l :::: : and Navy Academy to connect to their sewer lateral. The$ I:#' i were billed $4.00 a front foot by the City on the basis of i ::I:
1:: t an 80' frontage; however, they are seeking relief in view i i::: : of the fact that according to the strict interpretation of i ,:,I
: lot width as set out in Qrdinance #SOSO, the lot width is : ::ii
i only 41.92'. As other lots in the area are 50' frontage : i:::
1::1 : they are willing to pay on a 50' frontage basis, and asked i !I:! i that the Council give this matter their consideration. t I 1::;
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i Cmn. Bierce stated he felt this was a logical request i :a:;
$81 : and moved that the line cost billing be based on a 50' I 1:; i frontage. The motion died for lack of a second. Cmn, i ::;I ::::
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I I'll. i La Roche stated he felt the applicant should pay on the 1 : basis of an $0' frontage, and moved that the request be : i denied, and that the applicant be required to pay the line i i cost on an 80' frontage. The motion died for lack of a ; ; second, I I
t I I 1 i MR. HELTON asked that the Council members look at 1 i the property before making their decision. I I I
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*!I I I :;"I :I By motion of the Council the matter was deferred until I Guevara :x i : x: i I
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i the next meeting in order that the matter could be given i Bierce : ; !x; ; i further study by the members of the Council. t Sonneman i i I :xi I
t t i McPherson: :xi x; ;
I I : La Eoche i : ; :x\
I t!!!; I i PUBLIC HEARJNG:
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i of Chestnut Ave, - 1911 Act Proceedings - Assess, Dist. : I #1-1960.
I I I The Mayor announced that the hour of 7: 30 P. M. had i arrived, and this was the time and place fixed by this :
! City Council for hearing objections or protests on the i i proposed work, or the extent of the assessment district, : : or on the proposed grades under the Resolution of In- I i tention No. 660 providing for the construction of certain :
i street improvements in Chestnut Ave. from its inter- 4 i section with Pi0 Bico Drive to the intersection with : Monroe Street, ! I
I l I a. Resolution of Intention €or the Improvement i
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-1 i The Clerk presented the affidavits of publication, miling; Guevara ! ! ; X! i and posting. By motion of the Council the affidavits Were i Bierce !xi :x:
i approved and ordered filed. ; Sonneman ; ; i g
I I I McPherson: !x: 4
I 1 i La Roche I I I t i The Mayor requested the Clerk to read all protests that i : had been filed. The Clerk informed the Council there i i had been no written protests filed, however, a letter had ; : been received requesting a change in the laterals, which i i he felt should be read.
I Letter dated August 1, 1960 from Henry Hildabolt stating i i the Engineering Department had recommended 6 laterals i : for their property, which is the maximum that could be I i used if the property were subdivided into six lots. How- ; : ever, the property is shown on the master zoning map as i I potential R-3, and it is their intention to develop their : : property as R-3. Therefore, they requested the develop-: i ments to show one large lateral which would be suitable ; : for R-3 development,
: The Assistant Engineer stated he felt the Council should i \ go along with these requests, however, he had suggested : : to the property owners that they present a plan of their I I development, but they were unable to at this time.
I $ i MRS. HILDABOLT asked if this area would not be con- I i:i
: sidered 2-3 when this street is improved. They have a i I:: i party interested in their property if it is going to be R-3. : ::: i Cmn. La Roche stated he felt all of Chestnut Ave. should i 1::
: be zoned R-3. t :::
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4 ::: i As there were no written protests the Mayor announced : ::,i : the City Council would hear any oral protests or objectiods I:; i concerning the work, extent of assessment district or i ; :;:
; grades. Cmn. La Roche protested as a citizen. I I;:
1 i:! i LARRY CASSIDY, 1122 Chestnut, asked why there was ; a:: : such an extensive set back; he lives on Monroe and I :;:
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Chestnut and he is included in the district. The Engineed presented the improvement plans to the Council and ex- i plained to the Council and Mr. Cassidy the reason for his', property being included in the district was due to the : curb return.
MR. DAVIS, stated he was not a permanent resident and i was only here on weekends. He asked if just the proper-; ties fronting on Chestnut were included in the district and, he was informed they were. He then stated he felt this : improvement would benefit all the properties east of the i Freeway; further, he saw no reason for constructing : sidewalks for the High School students, when there are i no sidewalks for the Grammar School students.
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I I : MR. STONE, stated he lived on the northwest corner of ! :a::: i Chestnut and Highland Dri ve, and he has a driveway a::1l
1 :I"' i problem due to the improvement plans for Chestnut Ave. : 8lii;
: The Assistant Engineer informed the Council Mr. Stone i :!'::
:*;3 i does have a problem as a portion of his driveway is I I ;:I::
: now covering the City's right of way on Highland Drive. i 4;;:
i He suggested to Mr. Stone to move his driveway to the : ::,:I ::;;: : west of his house. Mr. Stone stated this would necessi- i ::If: i tate approximately 6" of aggregate fill, and he did not i i!;:i
I feel he should have to pay for this. I 1::tl
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I MBS. HILDABOLT asked if Chestnut Ave. would not l I I*
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i have been paved if sidewalks were not installed. Mrs. I ii:il : Hildabolt was informed that gas tax funds would not have ; 11; i been used if sidewalks and curbs were not installed. I i:::;
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I 1 I* I ::;:: i MR. DAVIS asked why the sidewalks could not be oiled 1 1:;::
I and rolled instead of concrete, an3 he was informed they : i;;:;
i would not come up to engineering standards. 11::;
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i As there were no further oral protests, the hearing was I : declared closed at 8: 10 P. M. 8 I ::!I
I I I :::: i The Engineer was asked what percentage of written I I ill:
,I!: : protests and objections had been filed with the City Clerk! !;:I : by the owners and he stated 0% of the total area to be i I:
I:;: : assessed for the improvement. I I ::If
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I I I : The Engineer presented an assessment diagram giving i I evidence that all of the lands included in the district : would be benefited.
I The Attorney presented the following resolutions for the i i Council's review:
i aes. #667. RESOLUTION OF THE CITY COUNCIL i Guevara : : :xi Ill'
: -OF' THE CITY OF CARLSBAD, MAKING FINDINGS i Bierce si :xi ! AND OVERRULING PROTESTS AND OBJECTIONS, was: Sonneman i : :x:
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: adopted by title only and further reading waived.
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I McPherson i !x {xi : La Roche ;lll
I I :::: I:!l ! Res. #668. KESQLUTION OF THE CITY COUNCIL OF: :ti: : sTRE"cITY OF CARLSBAD, ORDEitING THE CON$TRU@-Guevara I ;x :xi It
i TION OF CERTAIN STREET IMPROVEMENTS AND : Bierce jIi ;x: : ORDEBING POSTING AND PUBLICATION OF NOTICES i Sonneman I ; :XI i INVITING SEALED Pi3OPOSALS OR BIDS, was adopted : McPhersoni i :x: i by title only and further reading waived. i I La Roche I : : 1: I
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t Res. #669. RESOLUTION OF THE CITY COUNCIL OF i i THE cpp"p OF CARLSBAD, CALIFORNIA, DIRECTING I Guevara ; :X {Xi : THAT CESTAIN STREET WORK BE DONE UNDER THqBierce ; i !x: i DIRECTION AND TO THE SATISFACTION OF THE : Sonneman i : :xi I EBTGINEER OF WORK, was adopted by title only and i McPherson !xi !x: i further reading waived. : La Roche i i i i
I A short recess was declared at 8: 16 P. M. The meeting i ::I:
1 reconvened at 8: 35 P. M.
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I a, Valley Street sewers, between Basswood and I ::::i
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I I ! ENGINEERING:
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i Chestnut Avenue - 191 1 Act Proceedings - Proposed ; Assessment District No. 2-1960,
i The City Attorney advised the Courcil she had prepared \ i resolutions to start the proceedings on this project, and : ; due to the fact there were less than 50% of the property i ;i:e: I owners who had signed the petition, an opinion from the i ;:I;* : Health Officer would be necessary declaring, in his I 1:;*1 'I opinion, that sewers were a necessity, The folfowhg i : resolutions were presented for the Council's review: t I :;:;:
i &es, #670, A RESOLUTION OF THE CITY COUNCa i Guevara i I !X\ : i OF THE CITY OF CAXLSBAD APPROVING PETITION,: fJierce : :x: x: :
i was adopted by title only, and further reading waived. ; SOnneman : ; ;xi ;
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i bS. t671. A RESOLUTION OF THE CITY COUMCIL i Guevara : ; ;x; ; :I,II
i OF THE CITY OF CARLSBAD REQUESTING OPINION : Bierce i; :x: : : OF HEALTH OFFICER, AND DECLARING THE NECES; Sonneman l :xi i i SITY OF INSTALLATION OF SANITARY SEWERS, was i McPherson I !x :x: i ! adopted by title only and further reading waived. I La Roche kc; !xi ;
! Res. #672. A RZSOLUTION OF THE CITY COUNCIL i Guevara k i :x: : i -CITY OF CARLSBAD APPOINTING PERSON ; Bierce i IxIx: ; 1:
: TO PaEPARE ALL PXXEEDINGS, was adopted by tit14 Sonneman I ; ;x: i i only and further reading waived, i McPherson ; i ;x; ;
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I b. Mission Park, Tract 4 - water main easements, i ;:;: ;: i reservoir flushing and drain line easements and quitclaim: ;: ;i : deed. I f ::I:
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! The City Attorney informed the Council at the time the i :a!; i Mission Park, Tract 4, subdivision was constructed they I ::,: : requested permission to move the existing water line. 1:;1
I !:4 i This permission was granted and we have received new i :;:: 1'1 : easements, and a quitclaim deed abandoning the old ease- ; i;ii i ments, which will have to be executed by the City; she has: ;::I i checked these documents and they are in order, except : 1;;:
; for a dbcrepancy in the legal description, which will be i :; 1: i corrected. At this time a motion is necessary giving the : Ilii ; Mayor authorization to execute the quitclaim deed and the i I::: i City Clerk to attest to such signature. By motion of the : : Council authorization was given for the Mayor to execute I ;::I I the necessary documents and the City Clerk to attest to : 18':
: Such signature, and the documentsrecorded simultaneous:
I i The City Attorney stated she did not prepare a resolution : : appointing the Engineer of Work as she did not know i whether a decision had been reached as to an engineer, ! : By common consent of the Council the City Manager was : i instructed to invite bids on all work for the City requiring! : the services of an engineer, I I I I
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: The City Manager informed the Council he had received : 1;';
11;: I a call from the parties inte4:ested in this matter, and they: ::::
: asked if they could meet with the City staff prior to the i 11:; I matter being decided by the Council, and he arranged a ; ::i; :* ; meeting for them with the staff next week, therefore, he i 1:;:
i recommended that the matter be deferred until after this : i:::
l:;l : meeting. By common consent the matter was deferred i :::; i mtil the next meeting, I :::I
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I ai c. Report on the improvement of Grand Ave, west !
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1 i Mayor Sonneman stated that she would like an ordinance i ;::;: ! adopted prohibiting vehicular traffic on Elm Avenue and : Guevara ; !xi XI : l1l;:
:Grand Avenue west of Ocean Street. By motion of the i Bierce :II 1- : Council the City Attorney was instructed to prepare an ; Sonneman : ; :x: I l;;:l,
i ordinance prohibiting vehicular traffic on Elm Avenue and i McPherson i : :x; 9: : :Grand Avenue west of Ocean Street. : La Roche Sri :x; :
I ! ;!I:# I The Assistant Engineer advised the Council there were : i other areas with unimproved rights-of-way, and he would i ; like to know what 'the Council's policy will be on these i i unimproved rights-of way. The Council requested the : : matter deferred until the next meeting, and that the I Engineer present a report and sketch of these other areas:
f for the next meeting.
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I I I : HARBOR COMMISSION. I I I I
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!!!I1 I ., I I I a. Appointment to Harbor Commission. The i Guevara l I
;:I Ii 8 :x; I i Mayor stated with the consent of the Council she would ; Bierce : : !xi j I like to appoint Mr. Max Miesse to the Harbor Commissio$.Somemm i i :x: I ; By motion of the Council the appointment of Mr. Max ; McPherson; ;xi xl i i Miesse was approved for a term ending January, 1964. i La Roche +I :xi 1
I I SI:'; I I !ll!l i PUBLIC WORKS COMMISSION.
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I a. Appointment to Public Works Commission. i Guevara :x: ixi j ! With the consent of the Council the Mayor appointed Mr. ; Bierce
i Robert Garland to the Public Works Commission, for a i Sonneman i f : x:
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! term expiring January, 1964.
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I i CITY ATTORNEY'S REPORT:
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i McPherson i :xi x! I La Roche : : :x;
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I I Water rates of the Municipal Water District. The City i
I Attorney advised the Council she appeared before the i i Municipal Water District Board at their last meeting I I ; regarding the high rates charged the City. We had been i i paying from $35.00 to $35.00 per acre foot for water, :
i however, the last few months it has been reduced to i approximately $31.00 per acre foot. She requested they i i consider raising more of their money by taxation in order: : to retire their bonds and cost of operation, rather than : i charging the water users such a high price for water. ; They agreed to give this matter consideration at the time i : they set their tax rate for the next fiscal year. It was : I also pointed out at this meeting that the water rates of i : the Metropolitan Water District will not be going down; : i starting this next January, they will increase $2.00 per i : acre foot for the next three years.
; Discussion was given by the Council as to the dirty water : 1 the users are receiving in Carlsbad. The City Manager i
; stated he has provided monies in the budget for a water : / survey to see what our best solution will be.
i Drainage District in the Highlands. The City Attorney i i wed the Council in her opinion she does not feel i : it would be legally feasible to proceed with the main trud i line in parts. The proceedings for the formation of a : ; district were reviewed briefly. Mrs. Hayes recommend;
i ed that the City proceed with the entire trunk line and : i that a petition be circulated for the formation of a district.
; It was suggested that some of the members of the Public ; : Works Commission help circulate the petition. The i Council requested that a petition be prepared and that i : the Engineer meet with the Public Works Commission i i and review the proceedings with the members. 1 I
i According to the Council's instructions the City Attorney i
i presented the following resolution, endorsing the activi- : i ties of the San Dieguito Area Sewerage Planning Group: i
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i PLANNING GROUP AND URGING COOPERATION OF I Sonneman ; i ii i
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1 I : Res. #675. A RESOLUTION OF THE CITY COUNCIL i i OF THE CITY OF CARLSBAD ENDORSING THE ! Guevara ; !x; 3 : : ACTIVITIES OF THE SAN DIEGUITO' AREA SEWERAGk Bierce : ; ;x: i
I ALL INTERESTED PERSONS, GHOUPS, OBGANIZA- : McPherson: ; ;xi : : TIONS AND AGENCIES, was adopted. i La Roche !xi i q i
I I ;i4: :'I ! CITY MANAGER'S REPOBT I I ::'I:
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: Fire protection for North Carlsbad, In May of this year I ::::I i Mr. Carnohan appeared before the Council and requested i ::;:; : fire protection for the residents of North Carlsbad. A i :::I:
I formula was worked out on the basis of 230 water meters ; ;11;i
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; at the rate of $1.50 per meter. Mr. Carnohan had cards i :;:I:
i printed and sent to each owner. To date only 120 signed : 1,::: i::::
i cards have been received. The City Manager stated he i ::::: i did not feel there were sufficient owners interested to : Ill;;
;::IC I warrant this service due to the administrative costs I I 111:1 ;:::: i involved. I i:;':
i MR. CAWOHAN stated they had formed a committee i 1:;
: consisting of some of the residents of the area, and had : ;i!:: i contacted every available person to see why they had not i ;ll:t i signed the card, They found the.re were approximately : : 30 property owners who lived in Oceanside but were re- i i ceiving Carlsbad water; some meters are serving proper-: I ty that is being used for only agriculture; some propertie4 i have two or three meters on the property and the owners : : feel they should only have to pay on the basis of one mete$; i therefore, he did not feel there were 230 legitimate users:
I 1s: i The Council members asked how much it cost to make : ::I:; : a run to North Carlsbad in the event there was a fire? I I :a;:: i The City Manager informed the Council he did not have t
! that figure available at the moment but would report back i i if they wished. The Director' of Finance was present and : ;I!;: : pointed out the administrative costs involved. I I ;:I ;+i
I Mr. Carnohan asked that the City give the people this i : fire protection on a trial basis at the rate of $1.50 per : ! month and see if it would work out financially for the City; : He also suggested they make the billing rectroactive as i i of July 1, 1960. I I ::;i; @I
i By motion of the Council it was agreed that the City furn-i Guevara I i XIX; i i ish fire protection to the residents of North Carlsbad on f Bierce : : :% ; : a trial basis, effective as of July 1, 1960 at the rate of J Sonneman : ; ; x i i $1.50 per month, and that the City reserve the right to : McPhersonix: i % ; : cancel this agreement at any time. ! La Roche ; i i x, i
I I ;It:& : Mr. John Grant called and invited all the members of : l:'l;
11::: i the Council to be present at the opening of the new Shoppirig :::;; : Center in Carlsbad on August 11 , 1960 at 10: 00 A. M. I I ii:::
I 1 I I I:::: ! The contract with the Escondido Humane Society will l I e!:;
I ::#:I
; expire August 15, 1960. The County Health Officer is i ii::: i trying to get the Board of Supervisors to purchase I I :t!:; ;: : property in Vista for the impounding of dogs. If the I 1::: i Board does authorize such a purchase it will be approxi- i i::i:
: mately three months before it would be in operation. In : f!;;; i the meantime, any dogs that are picked up will have to i f':;; I; : be sent to Spring Valley. 1 I :: ii:
I 11;
I I I I :::::
I Mr. John Frenzel was here at the beginning of the meet- : :ii:l i ing but had to leave, and asked that he convey his appreci; i;;;: ::
I ation and thanks to the Mayor for the fine job she did at i i the Oceanside-Carlsbad night with the L.A. Dodgers. )*lIl
1 I ;:;::
I I ;::'I 11 I PAYMENT OF BILLS AND RATIFICATION OF PAYRO~L: *11;1
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i Authorization was given for the payment of bills for the i :;;I:
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I I ; Member \?d@, \$9@\$\P4 4. &3
; July 19, 1960 to August 2, 1960, as certified by the : Sonneman I I(' : : $
1 'I#' I :;:: i general expenses in the amount of $3,643.73 and for the I Guevara :xi : i i Water Department in the amount of $2,530.32, from i Bierce : 4 : rrl
i Director of Finance and approved by the Auditing Corn- I McPhersoni ! i x:
: mittee. ; La Roche i :xi $
i of July, 1960, in the amount of $13,147.19, as certified ! f3ierce : : :x: : bY the Director of Finance and approved by the Auditing : Sonneman i i i X!
i Committee. i McPherson ;x: ;x:
i ADJOURNMENT: I
I I :::: i 6atifiCatiOn of the payroll was given for the second half i Guevara &I : : i X!
: By proper motion the meeting was adjourned at 9:50 P, M.i ::::; '1
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I : Respectfully submitted,
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