HomeMy WebLinkAbout1960-12-20; City Council; Minutesb.
I I' \\' 1 CITY CF CA3LSBAD : Minutes oE City Council i Date of Meetirlg: December 20, 1360 : Time of Meetj.hg: 7: 00 P. M, i Place of Meeting: Council Chambers
i ROLL CALL was answered by Councilmen Guevara, I Bierce, Sonneman, McPherson and La Roche; Also : present were City Manager Pro Tem Scholink and City i ~11~1 i Attorney Hayes. I 1 ;:::;
i ALLEGIANCE to the Flag was made by the Council,
I Presentation of Council Name Plates. City Manager : Pro Tem Scholink informed the Council members that i i the name plates had been presented by Mr. Earl SchweikeFt, : Manager of the Security First National Bank of Carlsbad. : i The members of the Council stated their appreciation and!
i asked that a letter of thanks and appreciation be sent to ; :::I ::::1 I Mr. Schweikert,
I APPitOVAL OF MINUTES:
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I a. The Minutes of the regular meeting of Decembee Guevara ; i XI x l
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I i Sonneman i i i x: ~
I I : McPherson! : : 4
I I La Roche ; : : x
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l a. Letter dated December 12, 1960 from the 1 :i:i
i Carlsbad Library Cornmission, in which they recommend; ::#I
: ed that the Library Commission be changed to a Library I :;:: ::;; i Board of Trustees, as it is their belief that this change : ::*I : is important in order to keep up with the growth of our I ;::I i city and thus furnish the citizens good library service. i ;:::
i Set forth in the letter were reasons for their recommend-: $41
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1:: i ation. They also recommended that Dr. A. W. Spivey, i 1::: i whose term expires December 31, 1960, be reappointed ; :;;: ; and then become a member of a new Board of Trustees. I ::::
: The City Attorney presented a proposed ordinance for i :';I i the Council to study, in the event it is the Council's I ; decision to change the Library Commission to a Board i i of Trustees.
i Mayor Sonneman stated this matter had been discussed : 1::: : with the Commission, and felt it should be given further i 41:
:;I1 i study. I I iii;
I I IIBl i MRS. STRAUSE, Chairman of the Library Commission, : '1::
i stated the Commission would like to have the City Attorn&, :::I : City Manager and some of the members of the Council i 1 meet with the Cornhission at their meeting of January 9, : ; 1961, to discuss th6 :matter. Other cities are under this i I::; ! system and it has &oved very satisfactory. 4.: I t
I :::: i The Mayor stated she €&.-&Ms would take study and she I $:a : would appoint a. co+.if$ee to meet with the Commission, i 0:: ;:
L 1 ll:: 1 I 1'11 i OdAL COMMUNICATIONS: I 1::; , .. . "_ - " - I i::;
: MRS. CHANEY, 1411 Hunsaker, Oceanside, stated she i :::; ;::: i belonged to the Carlsbad Garden Club, and the Club had : ;:;I. : bough€ benches for the park. They have been placed in i :::I
/ the park and she would like the Council to have these 1:'l
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i benches set up properly. They would have to be set on i :::: ; a cement slab. I .;:: I
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I I @+I: i The City Manager suggested thi,s matter be brought i before the Parks and Recreation Commission to see if i.. :I I : something could be worked out. I:;I
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I I :Ill : Lease between the City and the San Diego Gas $. Electric i &;+I :::: ; Co. for Agua Hedlonda Lagoon. The City Attorney state4 ;I:' : some time ago it was suggested that the City should take i I:*: :;::
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i 20, 1960, were approved as corrected. : Bierce :x' ; 4
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! steps immediately to see if a long term lease could, be i I negotiated with the §an Diego Gas & Electric Co. j. i. e. I I 25 year lease. ,It would be very valuable to the City to : ;::: i hold the master lease. If we were only dealing with : navigable waters the law might be differerjt; however, in i 01' Itll
! this case the Agua Hedionda Lagoon was phrt of a MexicaG ::;I : Land Grant and the law is different regarding waters which :I*: i form a portion of such land grants.
i After discussiori by the Council, by motion of the Council :: Guevara i i ; x: : the City Attorkrey was instructed to negotiate with the ; Bierce :x: ;x: I Scin Diego Gas & Electric Co. in regards to a long term i Sonneman i I ; x; ; lease of the surface waters of the middle lagoon and : McPherson: : :xi / upper lagoon arid portions of the south shore. i La Aoche i Ix:x:
I $11 : Also th6re are certain portions of Cannon goad which I 1:;s
i Qave not been dedicated to the city. It would be better : :;I:
i fbr tkie orderly growth of the city if the State would build i ;ttl :::; i an, interchange at Cannon Road as originally planned, I I . :::I : however, the State would be unwilling to proceed with an J :i:; I interchange so long as all of the roadway is not dedicated : ::'I 11
: to the public. Mr. Cannon has already stated that he is i ::;I
i willing to give the right-of-way to the city which he owns : ::;i :::; ; and we should contact Mr. Ecke to see if he would be I I $41 :'#I i willing to dedicate the area at Cannon Road which he f l8:: : owns in private ownership. By motion of the Council the i Guevara l l : 5 :;:: i City Attorney was empowered to negotiate with Mr. : Bierce !xi :x: : Cannon and Mr. Ecke for dedication of lands along Canno4 Sonneman ; : ! x; i Road and to negotiate with the San Diego Gas & Electric I McPhersonl : ; x; : Co. for any other beneficial access roads, : La aoche i :xi% : I (*II I PUBLIC HEARINGS:
i of work done. The Public Works Director presented a i ;::I { list of the properties that had been charged for work done: :::; : for the Council's review. I I :::I
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: The Clerk presented two letters of protest from property I I:',
:I:: i owners which were as follows: < I ::::
I 1 1 :::; i Letter dated December 13, 1960 from S. Shirnamoto, I stating they had received a notice in August to abate the i $11 I nuisance and had paid to have the weeds disced, and now : ;::: ! he has received a notice charging him $8.00 for the work i ;;et
1:: I that was previously done, I :Ill I ;::;
I iiii i Letter dated Cecember 14, 1960 from L. W. Cottingham, i 811 i stating that upon receiving a warning notice to clean up : :I;;
:;I* : his premises he employed Richard Brewer to take care i :I:: i of this work, and now he receives a notice of an assess- : ::,I ::
: ment in the amount of $16.00 for the work being done. i ::;;
1 I I I!:: i The Public Works Director informed the Council the hour4 :;::
;I:: 1 time on the Shirnamoto property was justified and that : l;al ! clarification with the City Attorney would have to be made! :I:: :;;: i before proceeding with the rest of the abatement. As to : i:::
; Mr. Cottingham's property he had checked with the Fire i ::;: i Department as to the time and they justified it as accu.ratd', 1:;:
i however, he personally would make an inspection as to i !:I: 11
i whether it should be confirmed or reduced. I ;:'
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I 111: ; Cmn. La Roche stated he felt there must be ;::: i of handling this situation. He suggested that/,me be im- i ::::
; posed if they do not clean their property. ,:SI
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: Mr. Thornton, Public Works Director, informed the I '51; I :'I1 i Council the charges on the report before them did not i :::;
: include the $7.00 per hour override for the City's expens( 1: I I.
11;: i previously billed the other property owners. 8 ::::
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I a. Weed abatement hearing - Determining costs i i:;; I I 1,::
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"1,; i After discussion by the Cduncil it was the feeling of the ! i:::; I Council members that since the notices sent to the peaper; I ty ownelt's did not include this override they could not be i i changed now, and in view of the fact that an override of ; ;:;I1 : $7, bo had been breviously charged for similar work done i
! during this same fiscal year, in order to prevent an I I i inequity, those ersdns who had previously been charged ! i the $7.00 overr de should be reimbursed the amount of ; : the override.
i By motion of the Council the assessments were confirmed: Guevara ; I :x; : i according to the amounts billed the individual property ; Bierce %ItI :x: ;
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i Also by motion of the Council a refund of the monies that i Guevara : i :xi i i have been received on the previous report for the $7.00 : Bierce i override for the City was authorized. i Sonneman : : :x; I
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I I I McPherson ! i !xi
I I La Roche & : :x:
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1 b. Appeal of the decision of the Planning Commis- i :::I
i sion as to whether or not to revoke or modify the Condi- : !::I
I tional Use Permit issued to the Carlsbad Union Church, i ;::: ::::
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i The City Attorney informed the Council that a letter had i ;::: i been received from Eli P. Johnson and Mrs. Dorothy : ;::a i Johnson, dated December 20, 1960, in which they questior) :::I
: the jurisdiction of the Planning Commission in reference i $11 #I
l;ll i to the public hearing on October 11, 1960, and to the grani- 1l:I
::I: I ing of the conditional use permit in view of the fact that 1 :i/i i notice of the said public hearing was not complied with as : :::;
I required by Section 2005 (2) of Ordinance No, 9060. Also: :::; i they had not received proper notice at the time of the firs6 I;;: : hearing of the Planning Commission. If the Council desirks I:#: i to proceed with the scheduled hearing in reference to the : :;!;
I appeal, by this letter they wish to place of record notice i 1::: i of the error contended in reference to the original jurisdic- I:::
: tion, and reservation of the right to raise by further pro- I :ii; : ceeding the question of jurisdiction of the Planning Com- f :::I
IIII @I1 : mission to hold a valid public hearing on October 1 1, 196q. ::::
I I lfil: i The City Attorney stated the Council could either hold thi4 ::;I I::: : hearing or refer the matter back to the Planning Commis! ;i;: i sion and have them commence the entire proceedings * & ll;: : again. If the Council chose to go ahead with this hearing i I:;:
i and the Council upheld the decision of the Planning Corn- ; i:;:
1:;: I mission, the Johnsons would no doubt take the matter to i ::;; i court, based upon the fact that the planning Commission : :::I
; lacked jurisdiction in the original hearing, as there is i :;I; 1:
i good grounds for the Johnsons as to jurisdiction at the : I:;!
I original hearing; but at the second hearing before the i It i Planning Cornmission, there is no question as to jurisdic-: :p:
I tion, and the fact that the Johnsons and Mrs. Amundsen i I;::
i were present at the second hearing, it was her opinion ; I:;: i:I:
I that they probably had waived any rights that they might i I have had to raise the question of jurisdiction as to the : :::I
I:#: ! first hearing. If this matter were to go to court, regard-: 1::: ; less of the result, it would be lengthly and costly; whereat :;:I I on the other hand if the City Couricil did not wish to hold 1
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: the public hearing on the appeal they could send the matte+ 1::: ::;* i back to the Planning Cornmission with instructions to I ::I: ; hold a hearing as if it were a new application. I &)I1 I I I*#! I I I I :I:;
; The Council asked if this request had to be considered as i :I:: i a whole, or if it could be considered in part, and the City: :::I
: Attorney informed the Council that any modification wodd :;;:, 1, : have to be sent back to tk.8 Planning Commission for thi< :I;:
i consideration. I I ::;:
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I I :::;; i After discussion by the Council by motion of ths Council i Guevara : : ;xi I \ the matter wa.s referred back to the Planning Cornmission: Bierce i jxix: i : in order to commence the entire proceedings anew, : Sonnemzn i : :x: $1 ~
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! MR. GLENN FIEEST, Attorney for the Union Church, 9 I ;:I:; ;I::I
I asked if the evidence on file could be used a.gain, and he i $:Ill : was informed that it could be. I ,:'I
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I I :I:: : IL'IRS, DORQTm JOHNSON stated that if this matter is : 1::1
i returned to the Planning Commission she would like it to I ::I;
ll:; I be given a fair trial. She did not feel that it was 2 fair i 4:;
ftII ; hearing before as she new two members of the Planning 1 :::: i Commission were prejudice. I I :;::
I I((1 I *I i Mayor Sonneman informed Mrs. Johnson that the Council i ::Il ; must trust the integrity of the Planning Commission. I I i:::
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I I a. Valley Street Sewers - Assess, Dist. X'2-1960 - : i::;
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I 1. City Clerk's report on bids, : l4:; i The Mayor announced the City Clerk had invited bids for ; ;:*I
! the construction of sanitary sewers and appurtenances, an3 ;a:; :::I I appurtenant work in Valley Street from Basswood Ave, to ; ;II: ; 645.73 feet south of Basswood Ave. as .described in I 1:::
I !:;I i Res. #69l, and was ordered to report to the Council at ; ':It 1: : the next regular meeting after opening of bids. The Clerk:; :::I i was asked to present to the Council the Affidavits of Notic& :;;:
; as required by Res. fi699. I I ::;: ;I I1
i The Clerk presented the affidavits of posting and publica- i Guevara , I :x: ::I:
: tion. The Council approved the affidavits and ordered ! Bierce g: ;xi i them filed, i Sonneman , ; !x; ;:
I I : McPherson: : :xi
I i La Roche : : x:x:
I I i:,:: ! The Clerk advised the Council that up to the hour of 1:OO i :1:1
i P, M. December 20, 1960 three (3) sealed bids were
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I ;i:: : delivered to him. The bids had been computed and sum- I I :;a* :: I marized, and he presented his report of the bids to the : ;::: ; Council, I I ::::
: The City Engineer advised the Council he had examined i i the bids and found the amounts as set forth in the Clerk's i : report correct and that the lowest responsible bidder was ;
i 1911 Act Proceedings. "__c * $;I4
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!::I ; ;': i R. E. MELBOURNE CO., of San Luis Xey, California. I ;if:
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I 2, Award of Contract. The following resolution I ll:; :::; i was preseniiV2ls review: + I ii:: 811
I 11:; i Res. #708, A RESOLUTION OF THE CITY COUNCIL 1 i::: : -1TY OF CAe2LSBA.Q CALIFORNIA, AVJARD-i Guevara ; !xixi I T31JG CONTRACT FOR VFJOEX OR IMPROVEMENT ; Bierce : : :x!
1 ORDERED BY BESOLUTION NO. 699 OF SAID CITY i Sonneman : : !x: i COUNCIL, assessment District No, 2 -1960, was adopted ; McPherson 1 2 ;xi : by title only and further reading waived, ; La Rock : : :x:
I i The City Attorney advised the Council she had examined i :ii: i hbe form of the lowest responsible bidder and the securi- ; : ty deposits and found they were in satisfactory form.
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I b. Request for abandonment of drainage easements i ::::
I a: i in Lots 13 & 14, Carlsbad Gardens Subdivision, Map No. :
i -s that were accepted by the Council at LIe last meet-. ! I ing were in order now and hzd been sent for recordation. : : It was now in order for the Council to abandon the other i I 1:I
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I :$I;; : easemkrits. By motion of the Council the City Attorney i Guevara : 1.: X: ; : was instructed to prepare a deed of abandonment for I Bierce !x! : 4 I i Lots 13 and 14, Carlsbad Gardens. i Sonneman ; ; I * i
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I I La Roche 1 : : X: I :;all
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I l a. Second reading of Ordinance No. 91 10 - Amend- I : ing Ordinance #9060, removing designation "Potential R-3 I i Zone from R-1 Zones on Zoning Map. The following
I ordinance was presented: I I
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!Ordinance No. 9110. AN ORDINANCE OF THE CITY Ol?! ::::I DING ORDINANCE NO. 9060 OF THqGuevara I ;XIXI i ;IItI i CAR ! CIWL~~%k~$D, ELIMINATING FROM THE : Bierce +; !x: : i ZONING MAP ALL POTENTUL R-3 ZONES IN R-1 i Sonneman i i :xi i : AREAS, was adopted by title only and further reading i McPherson I I : : i E I waived. I La Roche l I :x: I
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I I I b. Second reading of Ordinance No. 9111, amend- i i ing Ordinance No. 9060, reclassifying Lots 10 and 11, : Bella Vista Tract from Zone R-A to bone R-T. and a
I I I t i portion of Lot '+I" from Zone R-A to Zone (2-2. I I I I I I I
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i The following ordinance was presented for a second I ;I:'I
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i Ordinance No. 9111. AN ORDINANCE OF THE CITY Ok :::I:
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:-DING ORDINANCE NO. 9060, CHANGLGuevara I ;x:X ; 11;
: ING CERTAIN DESIGNATED PROPERTY IN THE CITY : Bierce :xi i x; : i OF CARLSBAD FROM ZONE R-1-15,000 sq. ft. TO i Sonneman t I -a f : ZONE R-T AND FROM ZONE R-A TO ZONE C-2, : McPherson: ,xI : i was adopted by title only and further reading waived. i La Roche I i ix: ;
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! and Millie Meadows. This matter had been deferred froi :tl;l i the previous meeting in order for the Chief of Police to ! 1:'l:
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I make his investigation. A memorandum from the Chief f ::::I I of Police was read wherein he stated his findings were I Guevara : ixix; : I1llf
I the same as before and recommended the request be : Bierce *I : ; :x; I i denied. By motion of the Council the request for a Dance i Sonneman i : i x; i : Permit was denied in accordance with the recommendatio? McPherson; I !x: I i of the Chief of Police, : La Roche- ;xi ;x; i
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I C. Dance permit application from Ralph Eurnette : @l:ll ;:I::
1 I I.., I i CITY ATTORNEY'S REPORT:
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I ::,I: i Claim for damages, A claim has been received from i ! Frank and Franc= Onstott in the amount of $3,000 for i Ill : injuries sustained by their son due to improper barricad- ; Guevara ; : :XI ; i ing of street improvements. The City Attorney recom- : Bierce :x: :x: I : mended this claim be denied and referred to the insuranc4 Sonneman i i ;xi I I carrier. By motion of the Council the claim was denied i McPherson i !x !x: I ; and referred to the insurance carrier €or proper action. ; La Roche : ; ,x: I
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I I :!::; : State Beaches and Parks hearing. A hearing by the State : i Beaches aii8iPEks was held in San Diego recently, which i i she attended, There were only two cities in the Counhy i ; represented. At that time a priority list was presented ; I for the capital improvement of beaches and parks in the I : State of California for the fiscal year 1961 -62. Carlsbad ;
I was not on the list; however, Carlsbad is listed in the i : Acquisition Budget for 1961 -62, and an appropriation of ; ; $35,000 has been scheduled, Two years ago the City I I ; abandoned certain portions of city streets at the request i i of the State of California; however, in accordance with i : the original subdivision these portions of abandoned I I i streets reverted to the original subdivider or his heirs. i : The State &%ow determined that they must file a condem-: i nation action to acquire these areas. The City Attorney I : recommended that legislation be presented in order that : i the budget be augmented to provide capital outlay funds i
i in 1961 -62 for Carlsbad's State Beach, I I
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I i Abatement of nuisance. The Council requested tixiit the i : property at the corner of Pine Avenue and Carlsbad Blvd- : i be investigated to see if the city COldC! abate it, as a Publici : nuisance. I
! I I I i Condemnation law suit - Long Property on State Street. i : The Council was informed the corndaint had been filed I I j and all parties concerned had beegserved notice. I I I I 1 I i Codification of ordinances. Letter"from.Michie Publica-: : tions stating they contemplate it would take from 8 to 12 i i weeks after receiving the new ordinances before the I : supplement is completed. It was agreed that the ordinancks i should be sent in immediately. 1 I
i Gas rate increase - §an Diego Gas & Electric Co. At i : the last meeting of the City Attorneys in San Uiego, a I proposed resolution was presented to oppose the rate : increase. It' was the City Attorney's recommendation tha? i the City take no stand at this time. I I
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I I I I i Joint Powers Agreement. A rough draft of the agreemen6
i has been completed by the County and it has been turned i i over to Mr. Olsen for consideration and study. It will : i then be submitted to the City Attorney and the Council i : members for their consideration. I I
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I i I CITY MANAGER'S REPORT I(.I I I :::::
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1 I '11 'I : Removal of Trees. A request has been made by Mrs. i ?l?russ to have two trees removed at the southeast corner i : of Pine Ave. and Garfield Street, as they interfere with : i the construction of an apartment building. The owner I :I::! : will remove the trees at her expense ana will'deposit fund? Guevara 1 !x :x: ; IIi, i for replacement of the trees. By motion of the Council : Bierce F: !x; : : the request for tde reinoval of the trees at the owners ex- i Sonnemhn ; i ;x; i : pense was approved, 'and that funds be deposited by the ; McPherson : 1 :x! i i owner for the replacement of the trees. i La Roche ~ :
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: tensions, and the City Manager asked if the Council wisheQ Guevara ; I ;x; : i to take any action at this time. By motion of the Council : Bierce $: :xi : i the City Attorney was instructed to prepare an amendment: Sonneman ; I :x; I : to Ordinance No. 4001 to incorporate the conditions set : McPherson i :x:x i ; I forth in the policy! i La Roche i I !x: :
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i Sale of water bonds. At the next meeting the necessary ! : documents will be presented for the Council's considera- : i tion for the sale of the water bonds. I I
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:ii:r i Cmn. McPherson stated he felt the Fire Department I ;:i;i i should be commended on the Christmas Party for the :::'I i Guevara ; : :xi : : children and the beautiful decorations. By motion of the i Bierce : I ;xi i i Council the City Manager was instructed to send a letter i Sonneman , I :x ; : ;:
: of commendation to the Fire Chief and all persons who : McPherson ; i x:x i ; i participated in the party and decorations. I La Roche j, ; k; I
; *, ! RATIFICATION OF BILLS AND PAYROLL:
: Ratification of the bills was given for the general expenses: Guevara :x : ;x: i i of the city in the amount of $28,367.21, and for the Water i Eierce * :x& : : Department in the amount of $5,660.57 from December 6, ; Sonneman l ; :xi i i to December 20, 1960, as certified by the Director of i McPherson i I :x: i : Finance and approved by the Auditing Committee. : La Roche : : :xi :
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I Batification of the payroll was given for the first half of I December, 1960, in the amount of $13,602.00, as certi- : fied by the Director of Finance and approved by the i Auditing Committee.
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1 I i ADJOURNMENT:
I : By proper motion the meeting was adjourned at 9:20 P. M.
4 I I I I I I : Respectfully submitted,
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