HomeMy WebLinkAbout1960-11-15; City Council; Minutes# I I' ,'., t'' 4 I I ,\\\" i CITY OF CAELSBAL) : Mnutes of: City Council '\ '\ ', <, ' '\ i Date of Meethg: November 15, 1960 i N a me ',\ '8%. ' ''38 : Time of Meeting: 7:OO P. 34, ; of : Place of Meeting: Council Chambers i Member ~"";"",,,""","~~"""-""~"""""""""~"""""-"""""~"-------"-"-"------~-- ,o '0 %.P9',
I I :ti: i RQLL CALL was answered by Councilmen Gwvara, I I 4,: : Bierce, Sonneman; McPherson and La Roche. Also I fltl)
I I;:, i present were City Manager Slater and City Attorney Hay&,. 1;::
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{ ALLEGIANCE to the flag was made by the Council. I 1(11
i APPROVAL OF MINUTES:
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I 1:4 11;; I::* i Guevara : ; ;xi : November 1, 1960 were approved as corrected. : Eiierce pi :x: l a. The minutes of the regular meeting of
I i Sonneman : ; i xi
b : McPherson I ; :x:
I I La itoche : ix:x:
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I a. Request :,for sewer connections. Tae following 1 ;::; 1 requests for sewer connections were approved in accord- ! Guevara ; : :x: : ance with the recommendation of the Engineering Depart- i Bierce 5r: ;xi
! merit : Sonneman ; ; :x:
I Clark N. Johnstone i McPherson : : :xi
I Roberta Truss i La 3oche i !x :x:
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I I It1) i CORRESPONDENCE I I
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$ i Sewer Connection Policy abolished. : By motion of the Council it was agreed that the Policy i Guevara ; ; 1x1 i established by the Council requiring all requests for sewet Bierce $c i !x: ; Connections to be approved by the Council, be abolished, ! Sonneman I i :xi i and that all future requests for sewer connections be left i McPherson ; : :x; : up to the discretion of the Engineering Department. : 9 La Roche I :x:x :
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I I I I b, Request for refund of monies for wzter main, i i Letter dated November 4, 1960, from Wesley 0. Denison,; : stating he is building two duplexes at 765 and 775 Palm : I Ave., and in order to provide water to these properties it i i is necessary to build a new water main from Madison Ave.: ; down Palm Ave, The Engineering Department is requiring : a 6 inch main for future expansion, fire protection, etc. i ; Accordingly, he has on deposit with the city sufficient : i monies to pay for the six inch pipe, However, as the ; requirement for an adequate water supply to these proper-! i ties does not exceed a four inch water main, he requests i : that a refund be made for the difference in cost between : I a six inch and a four inch line.
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!,I! I 1 i As the next matter of correspondence pertained to the i : same matter, the following letter was presented before : i any action was taken by the Council.
! Gerken, stating he has an equitable interest with Mr. W. 8. i Denison in residences being constructed on property I I : located at 765 and 775 Palm Ave., and since there are no : i more potential users of water in this block, he feels that i i a 6" line is far more than adequate, and since it would be : : a direct benefit to the residents on Jefferson St. and to the: i city for fire protection, he appealed to the city for financidl : assistance to make this replacement,
: The City Manager advised the Council that he, the Assist- i i ant Engineer and Mr- Scholink had a meeting this morning! : in relation to this type of condition, and it was their feeling I this matter should be held over until some future date I i when they can come up with some form of policy. By ; common consent of the Council the matter was deferred i i until further study could be made.
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I I I I I I I C. Letter dated November 9, 1960 from J, F. I
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I 0 I I 1 I I I I i ORAL COMMTJNICA.TIOlJ'.TS:
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11;' :::: :!!: ; There were no oral communications. i I" 11':
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I a. Request for reduction of cost for sewer cor,nectic$n - 1;; i Lull roperty. At the regular meeting of October 4, 1960 ; 1,;:: ::I
: t us matter was discussed, and it was the decision of the i If
:::;i i Council that the City would assume the line costs for Mr. ; :::::
: Lull to connect to the Chinquapin sewer line, and that he i al;*l ~1l;l i shodd pay the lateral charges, capital contribution ::11:
I 1:::: : charges. for_,the. pumping station inclusion fees, which i ::I;: i would be $100,00 per living unit, Also the City Attorney : :'Itt
i was instructed to work out a plan as to how the fmds ;;;:;
1 would be transferred. I I :::::
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I 1 :;::; i The City Attorney informed the Council that at that meet- ! ::1:1
i ing it was determined that the approximate cost for the i 11:s: ~1I;l :ti 1
; Lulls to connect to the Chinquapin sewers would be as : I:'::
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I Line cost @ 122 lin. ft, I I $480.00 I :;;;I
I 40 lin. ft. of laterals 170.50 I ::i;; 6:
1 Capital contribution charge @ :i:;;
I $100.00 per living unit 300.00 I :;;::
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i At the time the Garfield sewers were installed the Lulls : ::!:: I appeared before the previous Council and asked for relief i ::::I I as they were unable to connect to the Garfield sewers i :::: i without excess cost. It was the decision of the former : :I;:
: Council that at such time as the Chinquapin sewers were I :::I
#'I: i installed they be allowed to connect to that line without : ::;;
: charge. Legally this Council is not bound by the action I :::I
i of the for'mer Councilj however, morally they are. At : ::I: I ;I
: the meeting of October 4, 1960, it was the decision of thid ::I:
:::I i Council that the line costs be waived, which was in the : l*t: :li: i mount of $480,004 but that the Lulls would have to pay I : for the laterals and the Capital Contribution charge for : IiiI :::i
i each living unit. As far as the transfer of funds there i I' :
: would be nb funds to be transferred. ;I* I I 1:: i MR. . LULL asked what the $100.00 contribution charge i ::I:
i was for. The previous Council told them they would not I :I::
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I Mr. Lull was informed that this particular sewer district: :i:i
I has a pumping station, and each property owner within i 1;s: :;:: : the district contributed towards the cost of this station. ; lI;*
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I :I;; ! MRS. LULL stated that each member of the Council has : ::It i before them a copy of the letter that was sent to them i l!bl :;::
; advising them of the decision of the former Council that : :::I I they would be allowed to connect to the Chinquapin sewerg :I::
1;: : without any additional charge when they were avaihble. v ::I: i is only right that they be allowed to connect to the Chin- ; : quapin sewers without any additional charge as they paid i ::I:
11;; i their assessment on Garfield Ave. and were not able to : ::;; : connect to that sewer. We have checked with an attorney: :; 1: i in Selma, California, who is the City Attorney there, and: ::;I
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i he feels they should not have to pay any additional cost I :1:1 I because of the decision of the former Council. They : It': ::::
: talked with Mrs. Hayes last evening and she talked to i Il'l ;::; I this attorney regarding this matter. I I :it:
! Mrs. Hayes stated she called Mr. Hansen, and when she i i::: : explained to him that the Lulls would be receiving relief i ;::I ; in the amount of $480.00 for line costs, he felt different13 $1: I about the matter, I 1 :ii:
i Cmn. Bierce stated that the Lulls paid $540.00 for two I : lots on Garfield as their share of the assessment, which : ::I: i lots were not connectable. This Council is waiving the i :;:: : line cost in the amount of $480.00, We have legally and : i::: i morally done just what the former Council agreed to do. I lfi:;
: Since 1954 an ordinance was adopted, which provides for : l:;l
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"1;; ;:;II i pumping station contribution charges, and which the other: I*# i property owners in the district have had to pay for. I I
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I I @l,!l 1 I i MR. LULL stated there was a pumping station discussed i I at the time the Garfield sewers were beicg considered, I I and that is why this porticn of town was deleted from that :
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I I I ::::I .'I i After considerable discussion by the Council, by motion I Guevara I i ixi 1 I of the Council it was agreed that the line costs in the ; Bierce : :x:x; 1 1 amount of $480.00 be waived, and that tDe usual cost for i Sonneman i i ;x\ I : laterals and the capital contribution charge for the pump- : McPherson i : :x: ~ i ing stationbe paid for by the Lulls. i La Roche 3 i !xi
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L I b. Greenwood Park Eubdivision - R. T. and L, C, i
; Cantarini - Request for extension of time for filing final I i map, Letter from B. T. and L. C. Cantarini was pre- i : sented, wherein they requested an extension of time for : i filirig the final map of Greenwood Park Subdivision. It I ; was pointed out that one extension had already been grant-l i ed in 1959, which expired in October of this year. The : : City Attorney reviewed the State Planning Act and Ordinanbe i No. 9050, pertaining to the filing of final maps for subdi- ; : visions, and advised the Council they could not grant i another extension yf time. Also the owners would have i
f to refile the tentative map with the Planning Commission i i for their cofisideration. I I
i The City Manager was instructed to inform the owners of i i the Council's action, and advise them that the City Attorndy : would assist them in expediting the filing of the subdivisiors
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4;i :!. 4 I I c. Final map of LeBarr Estates subdivision. The i :::; I:;:
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: Assistant Engineer presented the final map and informed ; i the Council the map complied with all the provisions and i I::: : conditions required by the city. By motion of the Council : i the final map of LeBarr Estates subdivision was approved,! Guevara : ixix ; :'#I
: and the City Clerk was instructed to sign the final map on : Bierce !xi :x; I behalf of the City at such time as an improvement agree- i Sonneman : ; !x :
I ment had been entered into between the subdivider and : McPherson i : :x i i the city. i La Roche 8 : ix I
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I i PUBLIC HEARINGS:
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I I I I I I I I I 1 l a. Continued hearing - Resolution of Intention - I : 191 1 Act Proceedings - Valley Street sewers - Assess, i !Dist. #2 - 1960. Th e Mayor announced this hearing had I I I been continued from the previous meeting, and declared i : the public hearing open at 7: 36 P, M, I I
i JACK DUCY, 3431 Valley Street, informed the Council i i the Health Officer had inspected his property and had i condemned the property because of the sewers. Cmn.
i McFherson has looked at the property, and was sure Cmn.: i McPherson could verify that the water level is approxi- i : mately 4 feet.
i Cmn. McPherson stated he had inspected the property, I : but he could not verify the wgter level, I I
:'-The letter from Dr. Askew was reviewed wherein he I i stated a health problem did exist in that area due to the I : sewer situation,
: MR, JACK McCOY, 3464 Valley Street, stated that the i i recommendation of the Health Officer does not state any i : specific problem other than sewers zre necessary as a : i health measure. They must think anyone that is cn a : cesspool is a health problem, It is not clear to him what i i the problem really is. He is aware of Mr. Duty's proble4
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I 111 I ri::: : He has talked with people liviilg on the opposite side of I "I! : the street and also people living on the. same side of the i ii::;
: street as Mr. Ducy and they do not feel they have any : :;::;
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/ As there were no other persons desiring to be heard, the i :i:::
: hearing was closed at 7: 44 P. M, I I ::::;
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: After consideration by the Council it was the decision of : I:;I: ::;:I i the Council that sewers were necessary in this area. Th{ IIIII
: following resolutions were presented for the Counci1,'s i i consideration: I I ;:::;
I Res, #698. A RESOLUTION OF THE CITY COUNCiL i Guevara ' I ;xi ; I;11;
: --CITY OF CARLSBAD, CALIFORNIA, MAKINq Bierce ::
! FINDINGS AND OVERRULING PROTESTS AND OB- : Sonrleman I ; ; XI I
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i JECTIONS, was adopted by title only and further reading i McPhersoni : : x: 1 &I
: waived. : La Roche : :x; xi ~
i Res. #699. A RESOLUTION OF THE CITY COUNCIL i Ill; i OF THE CITY OF CARLSBAD, ORDERING CONSTRUC; : TION OF CE:i%I'AIN STREET IMPROVEMENTS AND : Guevara : : ;xi 1 i ORDEKING POSTING AND PUBLICATION OF NOTICES! Bierce : :xix: 1 : INVITING SEALED PROPOSALS OR BIDS for Assess, : Sonneman : ; ix! 1 i Dist. No. 2-1960, was adopted by title only and further i McPherson j i : x: I : reading waived. : La Roche ;x: ;x!
i specifications for Chestnut Ave. Improvement - 191 1 Act : :!I:;
+::I : proceedings;- Assess. Dist. 1-1960. The Mayor : announced the hour of 7: 30 P. M. had arrived, and this i :;:I 1 : was the time and place fixed by this City Council for 1 hearing objections or protests on the proposed change in I l4:;
:::I i work under Resolution of Intention No. 701, providing for i 1':; : the construction of certain street improvements in I ::II i Chestnut Ave. from its intersection with Pi0 Pic0 Drive : ;:::
l::l : to the intersection with Monroe Street. I :a;:
:;I: i The Clerk presented the affidavits of publication, mailing i Guevara : : ;xi i and posting. By motion of the Council the affidavits were i Bierce !x; :x: ; approved and ordered filed. : Sonneman : ; :x:
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I b. Resolution of Intention #701 - Changing plans and f :: I. 1
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I I :ai: i The Clerk. advised the Council' that up until the time set i :I
11:; i for hearing, no written protests had been'filed. I I I::: i The Mayor announced that the Council would now hear any! I:!:
: oral protests or objections concerning the change in work.: ::I:
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I I I I:#; 11:; i JACK KUBOTA, 3039 Jefferson, stated he was represent: ::;; i ing-Donabob, and this change was requested by them due i ::::
: to the construction of Village Homes #3 subdivision. I :;::
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i As there were no other persons desiring to be heard, the i ;::: : hearing was declared @osed at 7: 50 P. M. I I :I::
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I I I ::ll i The following resolution was presented for the Cou,ncil's i la:: I::: : review: l I 4:;
I I :::: i Res. #703. A RESOLUTION OF THE CITY COUNCIL ' 'I ::::
: OF, THE CITY OF CARLSBAD, CALIFORNIA, MAKING; Guevara : ; !x: :i::
: JECTIONS, AND ORDERING CHANGE IN WORM, for i Sonneman : : ixi i Assess, Dist. No. 1-1960, was adopted by title only and. : McPherson i :x :x: : further reading waived. i La Roche ~i :x:
: OLD BUSINESS:.
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B ! FINDINGS AND OVERRULING PROTESTS AND OB- : Bierce i i :xi
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I a. Second reading of Ordinance No. 3042, Requirink ::I: i::: i certain stop signs. The following ordinance was presented #1:: : for a second reading: 1 l:ll I 11:;
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t Ordinance No. 3042. AN ORDINANCE OF THE CITY I " Il$:
:::I: i OF CARLSBAD AMENDING ORDINANCES NO. 3005 (83% I:::; : AND NO. 3032 (83.1) SUBSECTIONS (b) AND (g), AND I Guevara ; ;x:xi I ;I1 tl
i ORDINANCE NO. 3038 (83.2) REQUIRING CEaTAIN : Bierce I : :x! ;
; TiZAFFIC TO STOP AT DESIGNATED INTERSECTIONS : Sonneman : ; :x; I: I i AND ALLEYS, was adopted by title only, and further i McPherson :xi i xi ; : reading waived. : La Roche : : :x; :
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I I : A short recess was called at 8: 10 P. M. The meeting i [ reconvened at 8: 22 P. M. I I I I ! I
:i:;i :I:;: :Id;: ;::;i i CITY ATTORNEY'S REPORT:
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I ;' The City Attorney informed the Council she had prepared i i an ordinance for food .vending. vehicles for their consider- i : ation, and that it was essentially the same ordinance that ; i the City of San Diego uses. After reviewing the ordinance: : the City Attorney stated the Council might wish to make ; i the requirement that the food be prepared in the City of I : Carlsbad, or in an area that is inspected'by the City of : i Carlsbad's Health Officer. It was agreed by the Council i I that Item (l), Page 3, should be changed to read: 1 I i ,"lo Every oyr and operator 'of vending vehicles shall i i establish with/ e County of San Diego, subject to I I : Carlsbad's Health Officer's inspection, a service room i i wtiich shall be used for the preparation of food sold from : : vending vehicles. 'I After consideration by the Council i i the following ordinance was given a first reading: I I I I I
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!I,!I i Ordinance No. 5033. AN ORDINANCE OF TE-IE CITY 0-i 'Guevara ; ;x :xi ! ;*I 'I
I 33 ING ORDINANCE NO,% 50~5: OF'. THE: Bie,rce y ; !X! ; : Ei:'TRy"SoFADCLEEL, BY ADDING:. y:BaET6 SECTI~H? Sonribman I : :xI : I REGULATING THE OPERATION AND PARKING OF ; NicPherson: i i~i 1 i FOQD VENDING VEHICLES, was given a first reading. i L& Iioche : I :x; I !ll.l I i A letter was received from a Mr. Grable, representing i ; the owners of the land in fee in the Pala vicinity, request-: i ing the city to relinquish certain rights. The' City ac- I i quired these rights through the Mutual Water Company fori : a dam and reservoir, and the right to drill wells and a i i pumping plant. The City Attorney informed the Council : ; she had written Mr. Crable and informed him the City : i. would not be interested in waiving these rights. The 1 I ; Council requested a plat of the lands where the city owns i i these rights. I
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I t i'i i Chamber of Commerce akreement. :The 'City Attorney ! $::; : presented an agreement between the .City and the Chamber: i of Commerce for the fiscal year 1960-61 for the Council'si :;I: I review. After reviewing the agreement it was the feeling : ::;i ! of the Council that on Page (l), Item 3, that the billing ; :I:: i should not exceed 1 /4th of the monies appropriated by the i ' . : City to the Chamber, By motion of the Council the agree-: Cuevara : ; :x: i ment was approved, subject to the stipulation that on : Bierce $: !x: 1 : Page 1, Paragraph 3 read "Not to exceed 1 /4th of the 1 : Sonneman ; i !x [ I
I amount appropriated, and the City Manager authorized ; McPherson i ; :xi I : to execute the agreemefi't'bn behalf of the City. i La Roche ; ix :x; ~
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: Policy - ;E: Sewer line costs. Mr. Watson has asked fori i rellief on e front foot charges for sewers on Chestnut t : Ave. He has only one lot in his subdivision that will be . i i served from the Chestnut Ave. Sewers; however, he is i : paying for the main -line through the subdivision street ; i which line will have to connect to the main sewer line on : i Chestnut Ave. It was the opinion of the City Attorney that i
; a definite policy should be established for cases such as I i this. It was agreed that a policy should be established and ; the City Attorney was instructed to prepare a draft for the: : Council's review. The City Attorney stated she would : i check with other cities to see how they handle such con- : ; ditions. ' 1 I
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I ;:I; i Executive session. The City Attorney requested that an i :::: : executive session be called for the purpose of discussing : i:ii i possible litigation.
:'I, i The Council adjourned to an executive session at 9: 10 P. 1\12. 4::; i The meeting reconvened at 9: 35 P. M. 1 I l!#t
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I I I Proclamation. Mayor Sonneman proclaimed the week ! ; of November 18 to November 24, 1960 as National Farm i i City Week. I
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I I I i CITY MANAGER'S REPORT 1 I 1 I [ Letter dated October 21, 1960, from the Vi estern Outboa& : Association, requesting permissiori to hold racing events i i on January 8, 196 1 and Markh 19, 196 I, to be held at :
i Whitey"s Landing on the lagoon. The first race will I I start at 9:OO A. M. arid the events should be completed byi
i 4:OO P. M, Liability insurance and property damage in- i i surance will be furnidhed in the required amounts. A : : copy of their By-Laws and regulations was attached to i i the letter.
I The City Manager informed the Council this matter had i i been referred to th& Haxbor Commission, who met last : ; evening, and they have recommended permission be gran$- i ed to the Western Outboard Association to hold this event: : Also in the event inclement weather makes it impossible : i to hold the events on the days scheduled, that the dates ofj : January 15, 1961 and March 26, 1961 be allowed.
i Cmn: Bierce asked that if all the landings are created i i dqual, why does one landing have all the events and the :
I rest have to close? I
i MI%, SMITH, operai0.r of Whitey's Landing, advised the i ; Gouncil that the other landings will not be closed. Mr. : : Fbx, owner of one of the landings was present and con- I i curred with the program.
! Crnn. La Roche asked about the traffic problem. Mr. ! i Smith stated he would be in charge of the parking. I
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i By motion of the Council the Western Outboard Associa- i Guevara i i i $ : tion was granted permission to hold racing events at the i Eierce i x: i 4 r lagoon on January 8, 196 1 and March 19,196 1, and in the : Sonnernan : i : A : event of inclement weather the dates of January 15, 1961 i McPherso4 : i < i and March 26, 1961, may be used. : La Roche : !x; f
i Claim for damages. The Pacific Telephone and Telegraph : Co. have filed a claim in the amount of $1 33.00 for i Guevara i i iG i damages done by the trenching machine to their line on : Bierce :xi 'x: : Chestnut Ave. By motion of the Council the claim was i Sonneman i : : xi i denied and the matter referred to the city's insurance : McPhersoni i i X: ; carrier, : La Roche ; !xixi
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i i Pal Day Luncheon. The City Manager informed the i members of the Council that an invitativn was extendd tw i : all the members of the Council to attend the Pal. D2y i Luncheon at the El Carrino Country Club on Thursday, : : November 17, 1960, at 12:OO noon, The Mayor and 1 Councilman Guevara indicated they would attend.
i San Diego Water Authorities meetinp An invitation has i : been extended to all the members o the Council to a i luncheon to be held at Marty's Valley Inn on November 284 i 1960 at 1200 noon by the San Diego County Water Author-: : ities.
i Friends of the Library. The City Attorney informed the i : CGuncil the Friends of the Library have asked that she i
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I ;;I; : prepare the necessary documents for incorporation, and : i::: i she is in the process of preparing these documents at the i : present time. ::I1
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I I i prepare the necessary documents for incorporation, and : I she is in the process of preparing these documents at the I
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I I ! Mayor Sonneman asked that an announcement be placed 1 I in the paper givin the dates on which the trash and garbagb : is picked up. LE CORRECTION BELOW) t
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\ RATIFICATION OF BILLS AND PAYROLE:
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I!!I i Ratification of the bills was given for the period Novembe6 l;Il
11 :' : 1, 1960 to November 15, 1960, for the general expendes i Guevara ,K i :x\ ;*It
I of the city in the amount of $11,158.56, and the Water ; Bierce f :xjx: ; Department in the amount of $8,719.76, as certified : Sdnneman i i :xi i by the Director of Finance and approved by the Auditing I McPherson ; ; !xi : Committee. i La Roche i I :x;
1 Ratification of the payroll was given for the first half of i Guevara i I :x: i November, 1960, in the amount of $13,345.50, as certi- : Bierce ; : :xi
; fied by the Director of Finance and approved by the Audit-: Sonneman i i !x: i ing Committee. : McPherson: x; ;xi
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i ADJOURNMENT:
! By proper motion the meeting was adjourned at 9: 55 P. M. i I I I 11
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I i Respectfully submitted,
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1 NIlSRG4R)i;T E. ADAW i Deputy' City Clerk I I l;a I
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I ::I i NOTE: I i Mayor Sonnernan requested that the following mrrection i : be made to Paragraph 2 above: I ;pi
; Mayor Sonneman asked that arr announcement be $laced i 1 in the paper as to the time limits for placing and removing i trash or garbage cans from the street.
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